Home Rule Charter

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ADOPTED APRIL 22, 2003

Prefatory Synopsis

This Charter is intended to be as simple and brief as possible, while incorporating directly or by reference to other sources all legal provisions necessary for governance.  Since a home rule charter is a document of limitation, and since virtually all of the additional powers available to a home rule town may be exercised by its town board without specific mention of those powers in its charter, it is believed that the less said in a charter, the better.  This Charter simply claims for Silver Plume any new or additional powers permitted or granted to home rule towns in Colorado, and rather than attempting to restate or modify the many provisions of law already applicable to statutory towns, the people of Silver Plume prefer to continue applying those provisions until the need for particular changes presents itself and has been carefully studied.

Article I:  General Provisions

Section 1.1 Name and Boundaries.   The municipal corporation heretofore existing as the Town of Silver Plume in Clear Creek County, State of Colorado, shall remain and continue as a body politic and corporate and under this Charter be known as the Town of Silver Plume, with boundaries the same as presently established until changed in accordance with applicable law.

Section 1.2 Powers.   Except as expressly limited or forbidden by this Charter or the State Constitution, (a) the Town shall have all powers now or hereafter permitted or granted to any municipality in Colorado, including home rule and statutory municipalities, and (b) all such powers shall be exercisable by the Town Board or its designee.  Enumeration of some powers in this Charter shall not be deemed to exclude other powers.

Section 1.3 Applicable State Law.   State Law shall apply to the Town unless superseded by this Charter or by existing or future legislation enacted by the Town.

Section 1.4 Severability.  If any part of this Charter or the application thereof to any person or circumstance is found to be invalid, such invalidity shall not affect the validity of any remaining part of the Charter or of application to any other person or circumstance, and to that end this Charter is declared to be severable.

Section 1.5 Definitions.  As used in this Charter, the following terms shall have the following meanings unless the context otherwise indicates:

“State” means the State of Colorado.

“State Constitution” means the Constitution of the State as amended from time to time.

“State Law” means the State Constitution, State Statutes, and rules and regulations promulgated thereunder. 

“State Statutes” means the statutes of the State as amended from time to time.

“Town” means the Town of Silver Plume, Colorado.

“Town Board” means the Board of Trustees of the Town or such other governing body as may hereafter be established under this Charter.

“Trustee” means a member of the Town Board except the Mayor.

Article II:   Specific Provisions

Section 2.1 Initiative, Referendum, and Recall.  Except as otherwise provided by amendment of this Charter, the people of Silver Plume shall enjoy the same rights of initiative, referendum, and recall of officials, subject to the same procedures, as would apply under State Law if the Town were still a statutory town.

Section 2.2 Provisions Requiring Voter Approval.  Where a State Law requires approval of the voters, however defined or limited, before a statutory town may take certain action, such requirement shall apply to the Town except to the extent it may be modified or removed in this Charter or by approval of such voters obtained in the same manner as required under State Law with respect to the action affected.

Section 2.3. Future State Legislation.  To the maximum extent that it is within the powers of a home rule municipality to do so, the Town may provide by ordinance that all or any part of a State Law which is enacted or becomes effective after January 1, 2003, shall not be applicable to the Town.  No such ordinance shall itself require voter approval, even if the affected State Law establishes a new voter approval requirement or modifies an existing one.  In the event of conflict between this Section and Section 2.2 of this Charter, this Section shall control.

Section 2.4 General Obligation Indebtedness.  Limitations in the State Statutes on the authority of the Town to incur general obligation indebtedness in any form may be modified or removed by an ordinance to the same extent they could have been modified or removed by appropriate language in this Charter.  This Section is not intended to override Section 2.2 of this Charter with respect to voter approval requirements.

Section 2.5 Ordinance Adoption Procedures.   As soon as practicable after the effective date of this Charter, but in any event before adopting any other ordinance, the Town Board shall adopt an ordinance establishing procedures for the adoption of ordinances generally.  The ordinance shall (a) include a minimum number of days between the introduction of a proposed ordinance at one meeting of the Town Board and the adoption of that ordinance at a subsequent meeting of the Town Board and (b) require that all ordinances of the Town, including any amendment or repeal of the adoption procedures ordinance itself, must be adopted in accordance with the established procedures.  The ordinance may provide for (c) expedited procedures for adoption of ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and/or (d) publication of ordinances by title only, rather than in full, without the need for obtaining voter approval of such publication.

Section 2.6 Change in Number of Trustees.   The number of Trustees may be changed only by an ordinance that has received approval by a majority of the voters voting at a special or general election.  The initial number of Trustees shall be six.

Section 2.7 Removal.   No Trustee or Mayor may be removed from office by action of the Town Board except for cause and in accordance with an ordinance of general application prescribing the procedures and grounds for removal.

Article III:  Transition Period

Section 3.1 Purpose.   The purpose of this Article is to provide for an orderly transition from the present statutory Town government to a home rule Town government under the provisions of this Charter.

Section 3.2 Effective Date.   This Charter shall become effective immediately upon voter approval at a regular or special election held for the purpose of considering this charter.

Section 3.3 Continuation of Present Elected Officials.   The Trustees and the Mayor in office on the effective date of this Charter shall be the Trustees and Mayor under this charter until they resign or are replaced in accordance with applicable law.

Section 3.4 Continuation of Appointed Officers and Employees.   Appointed officers and employees of the Town on the effective date of this Charter shall continue in the same position as though they had been appointed or employed under this Charter.

Section 3.5 Continuation of Existing Legislation.   Ordinances, resolutions, bylaws, rules, regulations, and other legislation of the Town in force on the effective date of this Charter shall continue in force except insofar as they conflict with the provisions of this Charter or have been amended or repealed by ordinance enacted under authority of this Charter.

Section 3.6 Continuation of Existing Rights and Obligations.   The adoption, amendment, or repeal of this Charter shall not be construed to destroy any property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the Town under and by virtue of any provision of law theretofore existing or otherwise accruing to the Town; but all such rights shall vest in and inure to the Town or to any persons asserting any such claims against the Town as fully and as completely as though the adoption, amendment, or repeal had not occurred.  Such adoption, amendment, or repeal shall never be construed to affect any such right existing between the Town and any person.