COUNCIL POWERS

Denver City Charter subtit. B, art. III, pt. 2

in effect

Denver City Charter, art. III, § 3.2.1 All legislative power vested in Council.

§ 3.2.1 - All legislative power vested in Council. All legislative powers possessed by the City and County of Denver, conferred by Article XX of the Constitution of the State of Colorado, or contained in the Charter of the City and County of Denver, and otherwise existing by operation of law, except as otherwise provided by this Charter shall be vested in a Council consisting of thirteen members. No enumeration of particular powers granted to the Council shall be construed to impair any general grant of power herein contained, nor to limit any such grant to powers of the same class or classes as those so enumerated. (Charter 1960, B1.1, B1.12-1; amended September 10, 1968; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. III, § 3.2.2 Executive or administrative functions.

§ 3.2.2 - Executive or administrative functions. Whenever an executive or administrative function or duty shall be required to be performed by ordinance, the same shall be performed by the executive department and not by the legislative. (Charter 1960, B1.6; amended May 17, 1916; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. III, § 3.2.3 General Police Power.

§ 3.2.3 - General Police Power. The Council shall have the power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property; to declare, prevent and summarily abate and remove nuisances; to preserve and enforce good government, general welfare, order and security of the City and County and the inhabitants thereof; to enact by ordinance uniform maximum fines and/or imprisonment for the violation of each and every ordinance or regulation and minimum fines for the violation of ordinances or regulations; to provide for the County Court, in its discretion, to grant probation, and/or to defer judgment and sentencing upon a plea of guilty, and/or to conditionally suspend sentences, all for a period not to exceed two (2) years after conviction or plea; to establish procedures under which the County Court may permit the installment payment of fines; the Council, or a committee thereof duly authorized by it, shall have power to investigate any Department of the City and County and the official acts and conduct of any officer thereof, and may compel the attendance and testimony of witnesses and the production of books and documents. (Charter 1960, B1.12-1; amended March 20, 1956; amended September 14, 1982; amended August 9, 1988)

Denver City Charter, art. III, § 3.2.4 Appropriations.

§ 3.2.4 - Appropriations. Except as otherwise provided in this Charter, the Council shall have power to appropriate all money necessary for the expenses of the City and County and to transfer the unexpended balance of such appropriation not needed for the purpose for which it was made. (Charter 1960, B1.12; amended March 20, 1956)

Denver City Charter, art. III, § 3.2.5 Eminent domain.

§ 3.2.5 - Eminent domain. Whenever the Council, by ordinance, shall designate any property as being required for public use, the City and County may exercise the power of eminent domain and condemn the designated property either permanently or temporarily. It shall not be a bar to any such proceeding that the lands or rights-of-way to be taken have once been taken for public use. The manner of proceeding, the ascertainment of the compensation to be paid, the assessment of benefits or damages, the collection of such benefits and payment of such damages, shall be as provided by general law. (Charter 1960, A3.1, A3.2, A3.3; amended May 17, 1955)

Denver City Charter, art. III, § 3.2.6 Leases and contracts.

§ 3.2.6 - Leases and contracts. The Council shall have the additional powers to approve or disapprove, by ordinance or resolution, leases or other instruments selling or granting the use of City-owned property to other parties, and certain contracts, under the following conditions: (A) Definitions. For the purposes of this section the following definitions shall apply: (i) The term "real property" shall include interests in land and any improvements and facilities attached thereto, except public rights-of-way. (ii) The term "lease" shall include all agreements, permits, contracts, licenses, easements or other instruments whereby the City grants the exclusive use of all or a portion of real property now or hereafter owned by the City for an indefinite period of time or for a specific period in excess of thirty (30) days. (iii) The term "personal property" shall include tangible and intangible personal property other than cash and investments invested by the Manager of Finance under Section 2.5.3 of the Charter. [(iv)] The term "contract" shall include any contract or other instruments of writing requiring the assent of the City and County, as provided in section 2.2.4. (B) Leasing of city-owned real property. The Mayor of the City and County of Denver shall be and is hereby authorized to initiate actions to effect the lease of real property owned by the city, when such lease will serve a public purpose, for such considerations and upon such terms as in the Mayor's judgment shall appear proper. All leases of real property owned by the city, or amendments to existing leases, before their execution by city officials, shall be authorized by the Denver City Council acting by ordinance or resolution. The ordinance or resolution shall state the public purpose to be served by the lease or amendment. (C) Sale or conveyance of city-owned real property. The Mayor of the City and County of Denver shall be and is hereby authorized to initiate actions to effect the sale or conveyance of real property owned by the City upon such terms as in the Mayor's judgment shall appear proper. All contracts providing for the sale or conveyance or real property owned by the city, or amendments to such contracts, before their execution by city officials, shall be authorized by the Denver City Council acting by ordinance or resolution. (D) Intergovernmental Agreements. Contracts between the City and County of Denver and any other government entity shall require the approval of the City Council acting by ordinance or resolution, prior to their execution by City officials, if the contract or instrument: (i) Provides for tax revenue sharing between the city and any other governmental entity; (ii) Contains any commitment by the mayor or other official to seek legislative action by the City Council or otherwise implicates the legislative authority of the Council; or (iii) Requires the approval of the City Council pursuant to any other law. (E) Approval of certain contracts by Council. Contracts which will require or result in the payment or receipt by the City of one-half million dollars ($500,000.00) or more, and those in which personal property valued at one-half million dollars ($500,000.00) or more will be sold or transferred by or to the City, and those in which a provider of services to the City will receive a percentage of generated revenues, shall require the approval of the City Council acting by ordinance or resolution, prior to their execution by City officials. (F) Failure by Council to act. If the Council fails to act, within thirty (30) days, either affirmatively or negatively on a proposed ordinance or resolution submitted for its approval under the foregoing provisions, the sale, lease, or contract to which the proposed ordinance or resolution pertains may be executed by City officials as though the ordinance or resolution had been enacted. (G) Other powers subordinate. The powers granted elsewhere in this Charter to administrative departments and agencies and to other branches of the government of the City and County of Denver pertaining to the execution of such sales, leases, or contracts shall be subordinate to the power of council to approve the same, or to withhold such approval, before the same are executed. (H) Waiver of submission requirement. The Council, acting by ordinance, may waive in whole or in part the requirement that certain leases and contracts be submitted for the approval of the Council as provided in this section. (Charter 1960, B1.12-2; added November 2, 1982; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 677-02, § 1, 8-26-02, elec. 11-5-02); Ord. No. 608-05, § 1, 8-9-05, elec. 11-1-05; Ord. No. 582-06, § 1, 8-22-06, elec. 11-7-06)

Denver City Charter, art. III, § 3.2.7 Temporary permits.

§ 3.2.7 - Temporary permits. The Council may grant a license or permit at any time, in or to any street, alley or public place, provided such license or permit shall be revocable at any time, and such right to revoke shall be expressly reserved in every license or permit which may be granted hereunder. (Charter 1960, C3.5; Charter 1904, § 269)

Denver City Charter, art. III, § 3.2.8 Cable television permits.

§ 3.2.8 - Cable television permits. The Council may grant a permit or permits at any time for the installation and operation of a cable television system or systems, in or to any street, alley or public place in the City and County of Denver; provided, that any such permit shall be revocable for any violation of the terms and conditions of the permit at any time, and that the right to make such revocation shall be expressly reserved in every such permit which may be granted hereunder. (A) Authority of the Council. The authority conferred upon the Council hereunder shall include the authority to act, in the name and on behalf of the City and County of Denver, on all matters pertaining to the installation and operation of a cable television system in the City and County of Denver. No additional authorization relating to such matters shall be required to be submitted to a vote at any election. (B) Powers of the Council. The authority of the Council to grant a permit or permits hereunder shall include, but shall not be limited to, the following: (i) To determine the nature and extent of cable television services to be provided for the City and County of Denver, and to be offered to the citizens thereof; (ii) To determine the means by which, and the terms under which, such cable television services shall be provided; (iii) To determine the geographic area or areas of cable television service in the City and County of Denver; (iv) To solicit, receive and evaluate proposals from applicants for a permit or permits hereunder; (v) To fix the rates for the services rendered by the permittee or permittees; (vi) To fix the permit fee or permit fees payable to the City and County of Denver; (vii) To provide for the regulation of services for which a permit hereunder is granted; (viii) To perform any undertaking, project or legislative act relating to a permit hereunder; (ix) To authorize the proper officials of the City and County of Denver to enter into and execute any agreement relating to any system or service for which a permit hereunder is granted; (x) To authorize the utilization, by the proper officials of the City and County of Denver, of any financial instrument relating to any system or service for which a permit hereunder is granted, except as otherwise provided in this Charter; (xi) Such other authority as may be appropriate to carry out the purposes of this Section of this Charter. (C) Permit term limits. Any permit granted hereunder shall be limited to a term not to exceed 20 years. (D) Area of service. Any permit granted hereunder shall plainly specify the boundaries of the area of service in the City and County of Denver to which the same shall apply. (E) Limitation on applications for permits. The Council shall not accept a proposal from an applicant for a permit hereunder except in response to a written solicitation issued by the Council for such proposals. No such proposal shall be accepted by the Council unless submitted by an applicant to the Council within the time limits set forth in the solicitation. (F) Indemnification by permittee. Any permit granted hereunder shall be conditioned upon the Permittee indemnifying and saving harmless the City and County of Denver, its officers, employees, and agents against any and all claims for damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and further to indemnify and save harmless the City, its officers, employees and agents, from any and all claims, costs, demands, suits, actions, or proceedings of any kind or nature resulting from or arising out of the operations in connection with the permit, including operations of subcontractors and acts or omissions of employees or agents of the Permittee. (G) Disposition of former Charter authorities. Section 1.1.13 shall have no application to the Cable Television System of the City and County of Denver. (H) Subscribing of Contracts. Nothing herein contained shall be construed to amend or repeal that portion of this Charter requiring that all contracts or other instruments of writing requiring the assent of the City and County of Denver shall be subscribed by the Mayor or Acting Mayor, under the Seal of the City and County of Denver, attested by the City Clerk, and countersigned and registered by the Auditor. (Charter 1960, C3.6; added September 9, 1980)

Denver City Charter, art. III, § 3.2.9 Zoning.

§ 3.2.9 - Zoning. (A) Grant of power. For the purpose of promoting health, safety, morals or the general welfare of the community, the Council of the City and County of Denver is hereby empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes. (B) Zone districts. For any or all of said purposes, the Council may divide the City and County of Denver into zone districts of such manner, shape and area as may be deemed best suited to carry out the purposes of this Charter; and within such zone districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each zone district, but the regulations in one zone district may differ from those in other zone districts. (C) Purposes in view. Such regulations shall be made in accordance with a Comprehensive Plan prepared by the Department of Community Planning and Development and the City Council as provided in subsection 2.13.3(B) and adopted by ordinance. (D) Method of procedure. The Council shall provide for the manner in which such zoning regulations and restrictions and the boundaries of such zone districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such zoning regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in an official publication in the City and County of Denver. (E) Changes. Such zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change, signed by the owners of property consisting at least twenty per-cent of: (1) The area of the lots included in such proposed change; or (2) The area located within the City and County of Denver two hundred feet from the perimeter of the area proposed for change; such amendment shall not become effective except by the favorable vote of ten of the members of the Council of the City and County of Denver. The provisions of the previous Section relative to public hearings and official notice shall apply equally to all changes or amendments. (F) Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Charter, or of any ordinance, or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct or business or use in or about such premises. (G) Conflict with other laws. Whenever the regulations made under authority of this Section require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this Section shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this Section, the provisions of such statute or local ordinance or regulation shall govern. (H) Appeals, Variances, and Exceptions. The Council shall provide by ordinance a process and criteria for: (i) Appeals where it is alleged there is error in any order, decision or determination made by an administrative official in the administration and enforcement of this Section or of any ordinance adopted pursuant thereto. (ii) Variances from the strict application of zoning regulations. (iii) Exceptions to the terms of any ordinance adopted pursuant to this Section. (Charter 1960, B1.13, B1.14, B1.15, B1.16, B1.17, B1.19, B1.20, B1.21; amended May 15, 1923; amended September 10, 1968; amended May 8, 2001; Ord. No. 427-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 1587-22, § 1, 12-19-22, elec. 4-4-23; Ord. No. 1615-22, § 1, 12-19-22, elec. 4-4-23)

Denver City Charter, art. III, § 3.2.10 Independent professional services.

§ 3.2.10 - Independent professional services. (A) Notwithstanding any other law to the contrary, City Council as a whole may, from time to time and without executive branch approval, contract for professional services that City Council determines necessary to aid City Council in carrying out its duties and responsibilities under the Charter and the Denver Revised Municipal Code. (B) City Council shall develop and provide by ordinance the process by which this section may be implemented for individual contracts. (Ord. No. 515-20, § 1, 6-22-20, elec. 11-3-20)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIIICICO_PT2COPOFetched: 10/27/2026