FOOTNOTE REFERENCE

      1.Cf., Colo. Const. art. XX §1.

      2.Clough v. City of Colorado Springs, 70 Colo. 87, 197 P.896 (1921).

      3.County Commissioners of El Paso County, et al. v. City of Colorado Springs, 66 Colo. 111, 180 P.301 (1919).

      4.Clough v. City of Colorado Springs, ibid.

      5.**Ed. Note: The ballot question for the amendment to the Charter that changed the number of districts from four to six stated: "and shall the two winning at large candidates receiving the least number of votes in the April 2011 general municipal election serve only two years ending with the April 2013 General Municipal Election by amending City Charter Article II and any other provisions of the City Charter in conflict therewith...."

      6.The truth or falsity of a declaration by Council that an emergency exists is a legislative rather than a judicial question. Shields v. City of Loveland, 74 Colo. 27, 218 P.913 (1923). Absent a showing that Council acted arbitrarily or capriciously, a reviewing court is bound by Council's determination of an emergency. U.S. Disposal Systems, Inc. v. City of Northglenn, Colo. 567 P.2d 365 (1977).

      7.Mayor replaced City Manager by amendment to the Charter adopted November 2, 2010.

      8.At the General Municipal Election in April 1993 an additional Council Appointee was created; "Utilities Director." This removed the control of the Utilities from the City Manager to the Utilities Director.

      9.Ed. Note: It is the City Manager's responsibility to draft and submit the annual budget. See §4-20(h). November 2, 2010 Mayor assumed budget responsibilities §4-40(i).

      10.Home rule municipalities are empowered to assess property and levy taxes and municipal, county, or state officials may collect said taxes. Colo. Const. art. XX §6(g).

      11.Colo. Const. art. XX §4.

      12.Power to regulate municipal elections: Colo. Const. art. XX §6(d).

      13.Cf., Colo. Const. art. V, art. XXI.

      14.A reservation of power in the people of a city by its Charter providing for referendum must be liberally construed in favor of the people's right to exercise such power. Any limitations on the referendum power must be strictly construed and should not be extended either by implication or inference. Brooks v. Zabka, 168 Colo. 265, 450 P.220 (1924).

      15.Webb v. Dorlac, 75 Colo. 49, 224 P.220 (1924).

      16.Webb v. Dorlac, 75 supra.

      17.With regard to initiated constitutional amendments which conflict, see In re Interrogatories, 189 Colo. 1, 536 P.2d 308 (1975). Cf., C.R.S. §1-40-113 (1973).

      18.Power to define and regulate municipal officers, agencies, and employments. Colo. Const. art. XX §6(a).

      19.A municipal Civil Service Commission cannot exercise any power that is not expressly conferred by the power that created it, nor can it assume an enlarged power by making its own rules. Bratton v. Dice, 93 Colo. 593, 27 P.2d 1028 (1933).

      20."Municipal Home Rule Act of 1971," C.R.S. §31-2-201 et. seq. (1973).

      21. Cf., In re Interrogatories, 189 Colo. 1, 536 P.2d 308 (1975); C.R.S. §1-40-113 (1973).

      22. The "Open Meetings Law" in effect at the time of the April 1993 General Municipal Election was derived from Colorado Senate Bill 91-33 (effective date 6/1/91), Colorado Senate Bill 91-225 (effective date 6/1/91) and Colorado House Bill 92-1167 (effective date 4/23/92). The complete text of these three bills are contained in Bradford Publishing Company's, 1992 Cumulative Supplement, Volume 10A, 1988 Replacement Volume to the Colorado Revised Statutes.