The power to supersede any law of this state now or hereafter
in force, insofar as it applies to local or municipal affairs, shall
be reserved to the town, acting by ordinance, subject only to restrictions
of Article XX of the state Constitution and subsequent amendments
to this Charter and by ordinance.
No action for recovery of compensation for personal injury,
death, or property damage against the town on account of its negligence
or other tort shall be maintained unless written notice of the alleged
time, place and cause of injury, death or property damage is given
to the town clerk by the person injured, his/her agent, or attorney,
within ninety (90) days of the occurrence causing the injury, death
or property damage. The notice given under the provisions of this
section shall not be deemed invalid or insufficient solely by reason
of an inaccuracy in stating the time, place, or cause of injury, if
it is shown that there was no intent to mislead and that the town
in fact was not misled thereby. This provision shall not be construed
as a waiver of any governmental immunity the town may have now or
in the future.
Council may sell, exchange or dispose of public utilities, or
permanent public buildings or real or personal property with or without
first obtaining the approval of a majority of the registered electors
voting thereon. The council may lease, for such term as council shall
determine, any real or personal property to or from any person, firm
or corporation, public or private, governmental or otherwise.
The council, on behalf of the town, may receive or refuse bequests,
gifts and donations of all kinds of property in fee simple or in lease
hold, or in trust for public, charitable or other purposes, and do
all things and acts necessary to carry out the in purpose of such
gifts, bequests, and donations with power to manage, sell, lease or
otherwise dispose of the same in accordance with the terms of the
gift, bequest or trust.
In case of riot, insurrection, or extraordinary emergency, the
town manager shall assume the authority to execute any action necessary
for the protection of life and property. Such authority may include
but not be limited to establishing regulations governing conduct and
activities related to the cause of the emergency, and if the emergency
situation continues, the town manager shall convene the council who
may take such action as it deems necessary. In the event it becomes
necessary, the line of succession provided in section F of this article
shall be followed.
The council shall have the power to provide for continuity of
government of the town in the event of natural or enemy caused disaster.
Such power shall be employed in a manner which will preserve representative
government in the town and which will provide an orderly line of succession
of officers, notwithstanding the provisions of this Charter. Such
succession shall commence with the town manager, the mayor and the
mayor pro tem and shall then revert to the councilmembers by order
of seniority, then through an orderly line of succession of the administrative
department heads.
If any provision, section, article or clause of this Charter
or the application thereof to any person or circumstance shall be
found to be invalid by a court, such invalidity shall not affect any
remaining portion or application of the Charter which can be given
effect without the invalid portion or application, provided such remaining
portions or applications are not determined by the court to be inoperable,
and to this end, this Charter declared to be severable.
This Charter may be amended at any time in manner provided by
the Constitution. Nothing herein contained shall be construed as preventing
the submission to the people of more than one (1) Charter amendment
at any one (1) election. If provisions of two (2) or more proposed
amendments adopted or approved at the same election conflict, the
amendment receiving the highest affirmative vote shall become effective.
Except as otherwise specified, provided or indicated by the
contents hereof, all words used in this Charter indicating the present
tense shall be limited to the time of the adoption of this Charter
but shall extend to and include the time the happening of any event
or requirement for which provision is made herein. The singular number
shall include the plural, the plural shall include the singular and
the masculine gender shall extend to and include the feminine gender
and neuter, and the word "person" may extend and be applied to bodies
politic and corporate and to partnerships as well as to individuals.
The authorized amount of monies set aside for expenditures
during a specified time for a specific purpose.
Town of Mt. Crested Butte, Colorado, municipal corporation.
The Town council of the Town of Mt. Crested Butte, including
the mayor, unless provided otherwise.
The Town manager of the Town of Mt. Crested Butte appointed
pursuant to Article V, section A.
A person employed by the Town of Mt. Crested Butte.
A municipal election held every two (2) years, on even years,
at which candidates for elective offices of the town are voted upon
in accordance with this Charter.
Any person, firm, or corporation operating heat, power, or
light systems, communications systems, water, sewer or scheduled transportation
systems, and serving or supplying the public under a franchise granted
by the town.
Any person elected to office or appointed by council, including
appointees to boards and commissions.
The Constitution of the state of Colorado.
The applicable laws of the state of Colorado as they now
exist or as they may be amended, changed, repealed, or otherwise modified
by legislative procedure.
A person otherwise qualified to vote in the municipal elections
under applicable law whether registered or not.
A person who is qualified to vote under applicable law and
who is also registered to so vote in municipal elections.
A board or commission intended by council to be a part of
the permanent governmental structure of the Town of Mt. Crested Butte
as established by ordinance.
