Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - ITEMS RELATING TO PLACING PROPOSED CHARTER AMENDME Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Items Relating to Placing Proposed Charter Amendments on the April 6, 2021 Ballot. EXECUTIVE SUMMARY A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 011, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. C. First Reading of Ordinance No. 012, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. D. First Reading of Ordinance No. 013, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 9, Article V of the City Charter Clarifying Revenues that May be Appropriated. E. First Reading of Ordinance No. 014, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 17 or Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. F. First Reading of Ordinance No. 015, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. The purpose of these items is to submit individual Charter amendments to the voters at the April 6, 2021 Regular Election ballot. Any protest of the proposed ballot language must be received no later than Monday, January 4, 2021, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of any Ordinance that is the subject of a protest. If protests are received, copies will be included in Council’s “Read -before” packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. Agenda Item 18 Item # 18 Page 2 BACKGROUND / DISCUSSION At the December 8, 2020 Work Session, Council discussed a number of potential Charter Amendments. These items have been brought forward for Council consideration based on that discussion. (Attachment 1) If adopted, these Ordinances will submit Charter amendments, described below, to the voters at the April 6, 2021 Regular Election. Amending Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. This item concerns a proposed amendment to City Charter Article II, Section 4, which governs when the Council must elect the Mayor Pro Tem following an election. This proposed amendment is to align Section 4 with City Charter Article II, Section 1(d), which was amended in 2017 to read that the Mayor and Council members shall take their oaths of office at the first regular or special Council meeting that occurs after the final certification of the election and after the time for recount expires. The proposed amendment clarifies that the election of the Mayor Pro Tem shall occur at the meeting at which newly-elected Councilmembers take the oath of office and further to provide for election by Council of a new Mayor Pro Tem in the event of a resignation. Amending Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. This item concerns a proposed amendment to City Charter Article VIII, Sec. 8 which establishes limitations on participation in City elections by City employees, public service corporations or any other person having an interest in, or intending to apply for, a franchise or contract with the City. In particular, Section 8 places limits on whether those parties may make direct contributions and indirect expenditures in support of, or in opposition to, candidates for City office. Article VIII, Section 8 states, in relevant part: . . . No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. The application of Section 8 to City employees was the matter of some discussion during and after the 2019 election. Since the adoption of Section 8 in approximately 1980, there have also been developments in the law that may impact Section 8’s restrictions on who may contribute or expend money or things of value, directly or indirectly, to assist in the election or defeat of a Council candidate. The proposed amendment removes the existing stated prohibition on campaign contributions and expenditures and instead enables Council to act by ordinance to establish prohibitions on, and requirements for, campaign contributions and expenditures for City elections, in addition to limits on contributions to support or oppose candidates for Council. Amending Sections 9 and 11 of Article V of the City Charter Concerning Supplemental and Non- Lapsing Appropriations. This item concerns an amendments related to the appropriation of funds. It includes an amendment to Section 9 of Charter Article V to clarify that the City Council can make supplemental appropriations not only from the City’s estimated actual and anticipated revenues received in the fiscal year of the supplemental appropriation, such as tax and fee revenues, but also from any other kind of funds the City has received or is anticipated to receive in that fiscal year, such as grant money and proceeds from debt issuance or borrowing. Section 9 Agenda Item 18 Item # 18 Page 3 would also be amended to clarify that the same would be true for supplemental appropriations of both revenues and other funds in reserves accumulated in prior years. This item also concerns an amendment to Section 11 of Charter Article V to clarify that appropriations made by the City Council for federal, state and private grants and donations shall not lapse until the earlier of the expiration of the federal, state or private grant or donation or the City’s expenditures of all funds received from such grant or donation. The proposal amends both Sections 9 and 11 of Charter Article V to reflect these changes. Amending Section 17 of Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. This item concerns the date by which a summary of the City’s annual audit is required to be published in the Coloradoan each year. Article II, Section 17 currently reads: Section 17. - Independent annual audit. The Council shall provide for an independent audit at least annually by a certified public accountant of all books and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal notices within five (5) months after the end of each fiscal year. It has been staff’s experience that the City’s annual audit is sometimes difficult to complete within five months of the end of each fiscal year. Therefore, staff is recommending that Section 17 be amended to allow the legal notice for the audit summary be published within seven months of the end of the fiscal year instead of five months. This should give sufficient time for the audit to be completed each year. The proposed amendment increases the time for publication of a summary of an independent audit to seven months after the end of each fiscal year. Amending Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. The proposed amendment replaces a reference to “Municipal Judge” in Section 5, describing the Board of Elections, with “Chief Judge.” CITY FINANCIAL IMPACTS Any financial impacts as a result of these amendments will be negligible. PUBLIC OUTREACH Targeted outreach was not conducted for these proposed Charter amendments. However, meetings of the Election Code Committee where some of these amendments were discussed were open to the public, and several members of the community regularly attended and provided input. In addition, Council discussed these proposed Charter amendments, along with others, at its December 8 Work Session. ATTACHMENTS 1. Work Session Summary (PDF) City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221.6295 - fax fcgov.com M E M O R AN D U M DT: December 15, 2020 TO: Mayor Troxell and City Councilmembers TH: Darin Atteberry, City Manager Kelly DiMartino, Deputy City Manager Carrie Daggett, City Attorney FM: Delynn Coldiron, City Clerk RE: December 08, 2020 Work Session Summary: Possible Charter Changes Councilmembers Present: Mayor Troxell, Mayor Pro Tem Stephens, Councilmembers Cunniff, Gorgol, Gutowsky, Pignataro and Summers. Council discussed proposed changes to the Fort Collins City Charter. The items reviewed and related summary follows: 1. Amending Article II, Section 4 related to selection of a Mayor Pro Tem. a. This item is a correction to align Section 4 to Article II, Section 1(d) of the Charter to ensure that selection does not occur until after the recount period has expired. b. There was support for moving this forward. 2. Amending Article VIII, Section 4(a) related to the Affidavit of Circulator. a. This item would eliminate the requirement that the affidavit of circulator contain a statement of the number of signers on that section of the petition. b. There was a question raised as to whether this change is a high priority and whether it is needed at this time in light of the other Charter amendments under consideration. 3. Amending Article VIII, Section 5 related to the Board of Elections. a. This item corrects the reference to Chief Judge (from Municipal Judge). b. There was a question raised as to whether this correction is significant and urgently needed in light of the other Charter amendments under consideration. 4. Amending Article VIII, Section 8 regarding participation in elections by City employees, public service corporations or any other persons having an interest in or intending to apply for a franchise or contract with the City. a. The Council discussed the option of taking the specific restrictions from the Charter and allowing Council to adopt restrictions in the City Code, and the option of amending the restrictions stated in the Charter. i. Councilmembers generally expressed support for the approach of moving the specific restrictions from the Charter to restrictions the Council could consider adding to the City Code. ATTACHMENT 1 December 8 2020 Work Session – Possible Charter Changes December 15, 2020 Page 2 b. Councilmembers expressed interest in looking at ways to clarify the intent of the restrictions on indirect contributions in particular. c. There was interest in having ongoing dialogue depending on what the voters decide. 5. Amending Article VIII, Section 9 regarding Corrupt Practices. a. This item addressed possible modifications to the consequences for a criminal conviction for an offense at an election. b. It was noted that Code changes adopted earlier this year essentially addressed the concerns that had been raised about this issue. c. Councilmembers generally expressed the view that there was no need to move forward with this now. 6. Amending Article II, Section 18 related to the Council Vacancy Process. a. This item provided Council with an opportunity to change items related to the Council vacancy process. b. After some discussion about Council’s experiences with the process, it was noted that the process seems to be working fine. c. Councilmembers agreed that there was no need to move forward with this now. 7. Amending Article II, Section 17 regarding Audit Publication. a. This is a clean up item that would provide additional time to publish the audit. b. It was noted that we have been unable to accommodate this provision for the last seven years without a work around. c. There was support for moving this forward. 8. Amending Article V, Section 9 regarding Supplemental Appropriations. a. This item clarifies revenues that may be appropriated. b. There was support for moving this forward. 9. Amending Article V, Section 11 regarding Lapsing Appropriations. a. This item allowed for a Council decision regarding the lapsing of certain funds and to allow appropriations of private grants and donations to be non-lapsing. b. There was support for moving this forward. 10. Amending Article II, Section 5 regarding Powers and Article IV, Section regarding Administrative Branch. a. This item would allow Council to delegate organizational structure decisions to the City Manager. b. It was noted that the ordinance process seems to work. c. There was no support for moving this forward at this time. 11. Amending Article II, Section 5(b) regarding Essential Administrative Functions. a. This item added telecommunication facilities and services and transit services as essential functions. b. There was a question about whether it was good to silo services in this way. c. There was general support for adding telecommunication and transit services. d. There was a question about whether street maintenance could be combined with transit services. e. There was a question about whether social sustainability should be added as an essential service. December 8 2020 Work Session – Possible Charter Changes December 15, 2020 Page 3 f. There was general support for moving this forward; however, this was not viewed as a critical change that needs to move forward quickly and Councilmembers expressed a desire for additional time for discussion of this. 12. Amending Article IV, Section 3 related to Residency Requirements. a. This item would determine and delegate to the City Manager the authority to determine when residency should be required. b. Concern was noted about whether this would be something voters would want to pass. c. It was noted that more research is needed on this item. i. It was mentioned that there are many reasons why people need to live outside of City limits and that it would be good for the City to be more accommodating. d. There was a question about whether this should be tied to essential services. e. There was some support for making some type of changes here but having a requirement that employees live within the local area; f. There was a question about whether there are options for employees who want to work out of town for a period of time. g. There was interest in further dialogue on this issue, with mixed opinions on whether it would be appropriate to move forward at some point in the future. 13. Amending Article XIII related to Definitions a. It was noted that definition changes would accompany any amendments requiring updates to Charter definitions. Some additional general comments included:  Having too many Charter amendments on a ballot is not good.  Would be good to know what items could be combined.  Suggestion to split these between April and November elections.  Suggestion to consider forming an ad-hoc citizen committee to review the Charter. o Would provide additional perspective. o Might look at moving from April to November elections, as well as the issue of Council pay. o Comment that this takes a lot of time and effort and would want to know if this is a high priority for Council right now. o Comment that the staff will provide more information about the charter commission process laid out in state law and how that process has been used here. -1- ORDINANCE NO. 011, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 4 OF ARTICLE II OF THE CITY CHARTER UPDATING THE PROVISION FOR ELECTION OF A MAYOR PRO TEM WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 4 of the Charter (“Section 4”) currently provides for the Council to elect a Mayor Pro Tem at the first regular or special meeting after final certification of a City election; and WHEREAS, at the regular municipal election on April 4, 2017, the voters of Fort Collins approved Ordinance No. 001, 2017, amending Article II, Section 1 of the Charter to provide that newly-elected Councilmembers shall take the oath of office as the first order of business at the first regular or special Council meeting following the final certification of election results and after expiration of the recount period; and WHEREAS, in light of the 2017 change to Section 1, Section 4 may in some instances require the election of the Mayor Pro Tem to occur before the newly-elected Councilmembers take office; and WHEREAS, Section 4 is silent as to the potential need for and process to elect a new Mayor Pro Tem in the event that a Councilmember in that role resigns from the Council or resigns as Mayor Pro Tem; and WHEREAS, Council desires to amend the Charter to ensure clarity and internal consistency in regards to the election of the Mayor Pro Tem. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 4 of Article II of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 1” at the regular municipal election to be held on Tuesday, April 6, 2021: -2- ARTICLE II. CITY COUNCIL Section 4. - Organization. The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter. At the first regular or special meeting after final certification of a City election and after expiration of the recount period, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise, the Council shall at the first regular or special meeting after the occurrence of such vacancy elect a new Mayor Pro Tem to serve for the remainder of the vacated term. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Section 4 of Article II of the Charter of the City of Fort Collins, pertaining to the election of the Mayor Pro Tem and other Council organizational matters, be amended to clarify that the election of the Mayor Pro Tem shall occur at the meeting at which newly-elected Councilmembers take the oath of office and further to provide for election by Council of a new Mayor Pro Tem in the event of a resignation from that position? ______Yes/For ______No/Against -3- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 012, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 8 OF ARTICLE VIII OF THE CITY CHARTER PERTAINING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 8 of the Charter (“Section 8”) currently charges the Council by ordinance with establishing a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any City election; and WHEREAS, Section 8 further prohibits certain persons from directly or indirectly contributing or expending any money or other valuable thing to assist in the election or defeat of any candidate; and WHEREAS, from time to time the decisions of the United States Supreme Court, the Colorado Supreme Court and other federal and state courts with jurisdiction over city matters consider and decide cases affecting the extent to which the City may restrict political speech in the form of campaign expenditures and contributions; and WHEREAS, the Council has acted to establish extensive restrictions on and requirements for campaign activities, including campaign contributions and expenditures, in Chapter 7 of the City Code; and WHEREAS, in order to consolidate the restrictions on, and requirements for, campaign contributions and expenditures and allow the Council to adjust them to reflect the evolution of the law as it applies to political speech, the Council desires to amend Section 8 to charge the Council with establishing prohibitions and limitations on, and requirements for, campaign contributions and expenditures in support of or opposition to candidates and matters on the ballot at any city election. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 8 of Article VIII of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 2” at the regular municipal election to be held on Tuesday, April 6, 2021: -2- ARTICLE VIII. ELECTIONS Section 8. - Campaign contributions. The Council shall act by ordinance to prohibit such campaign contributions and expenditures as it determines reasonably appropriate, to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any city election and to require disclosures and reporting of campaign contributions and expenditures. No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 2 Shall Section 8 of Article VIII of the Charter of the City of Fort Collins, pertaining to campaign contributions for city elections, be amended to remove the stated prohibition on campaign contributions and expenditures and instead provide that Council shall by ordinance establish prohibitions on, and requirements for, campaign contributions and expenditures for city elections, in addition to limits on contributions to support or oppose candidates for Council? ______Yes/For ______No/Against -3- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 013, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO SECTIONS 9 AND 11 OF ARTICLE V OF THE CITY CHARTER CONCERNING SUPPLEMENTAL AND NON-LAPSING APPROPRIATIONS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210(1)(b) of the Colorado Revised Statutes provides that amendments to the Charter may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins and that such ordinance must also adopt a ballot title for the proposed amendment; and WHEREAS, Article V, Section 9 of the Charter (“Section 9”) currently allows the City Council to make supplemental appropriations at any time during the fiscal year provided such appropriations, in combination with all previous fiscal years, shall not exceed the then current estimate of actual and anticipated “revenues” to be received by the City during that fiscal year; and WHEREAS, a 2018 court case not involving the City, suggests that while “revenues” includes income a governmental entity receives, such as taxes, it may not include other funds a governmental entity receives such as loan proceeds, grants and donations, thereby calling into question whether the City Council can make supplemental appropriations from these other funds that may not be considered “revenues”; and WHEREAS, this proposed amendment to Section 9 would clarify that the City Council can make supplemental appropriations from not just “revenues,” but from “all other funds” the City receives during a fiscal year; and WHEREAS, Article V, Section 11 of the Charter (“Section 11”) currently provides that all City Council appropriations for capital projects and for federal and state grants are to be considered non-lapsing appropriations, unlike all other City Council appropriations which are considered as having lapsed at the end of each fiscal year to the extent not expended or encumbered; and WHEREAS, in recent years the City has been receiving more and more private grants and donations for which it would be helpful in some circumstances if the appropriation of these grants and donations could be designated as non-lapsing appropriations; and WHEREAS, there are also some circumstances where it would be desirable if the appropriation of certain capital projects and federal and state grants could be designated as lapsing appropriations rather than non-lapsing, but under the current wording of Section 11, such appropriations are required to be non-lapsing; and -2- WHEREAS, this proposed amendment to Section 11 is to allow the City Council to designate as non-lapsing appropriations for private grants and donations and to have the discretion to decide on a case-by-case basis whether to designate as non-lapsing appropriations for capital projects and for federal, state and private grants and donations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 9 and 11 of Article V of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 3” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE V. FINANCE ADMINISTRATION Section 9. – Supplemental appropriations. The Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues and all other funds to be received by the city during the fiscal year. This provision shall not prevent the Council from appropriating by ordinance at any time during the fiscal year such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. Section 11. – Lapsed appropriations All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except that the Council may designate in an ordinance appropriations appropriating funds for capital projects and for federal, or state and private grants and donations shall not lapse that such funds shall not lapse until the completion of the capital project or until the earlier of the expiration of the federal, or state or private grant or donation or the city’s expenditure of all funds received from such grant or donation. Nothing herein shall limit the ability of the Council to terminate a capital project or a federal, or state or private grant or donation at any time prior to completion of the project or prior to expiration of or the city’s expenditure of all funds from the grant or donation. -3- Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 3 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 3 AMENDING SECTIONS 9 AND 11 OF CHARTER ARTICLE V CONCERNING CITY COUNCIL APPROPRIATAIONS Shall Sections 9 and 11 of Article V of the City of Fort Collins Charter be amended to provide that City Council may make supplemental appropriations from not only the City’s actual and expected revenues in a fiscal year, but also from all other sources of funds the City receives or expects to receive during the fiscal year, and to provide that the City Council may designate by ordinance as non-lapsing its annual and supplemental appropriations for capital projects and for federal, state and private grants and donations until the completion of the capital project or until the earlier of the expiration of the federal, state or private grant or donation or the city’s expenditure of all funds received from such grant or donation, but without limiting the City Council’s ability to terminate earlier any such capital project or federal, state or private grant or donation? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 014, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 17 OF ARTICLE II OF THE CITY CHARTER REVISING THE DEADLINE TO PUBLISH NOTICE OF THE ANNUAL INDEPENDENT FINANCIAL AUDIT WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 17 of the Charter (“Section 17”) currently requires that Council provide for an independent audit of city books and accounts at least annually and further requires the publication of a summary of such audit within five months after the end of each fiscal year; and WHEREAS, this provision was last updated in 1985 and since then the time required for completion of an annual independent financial audit has grown with the increasing complexity of the City’s books and accounts and the professional standards for such audits; and WHEREAS, in many years the City is unable to provide a meaningful summary of the annual financial audit within the five-month timeframe allowed and a modest increase in time for the notice would enable the publication of a fuller summary of the audit outcomes; and WHEREAS, Council desires to amend the Charter to increase the time for publication of the annual audit summary to seven months after the end of each fiscal year instead of five months. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 17 of Article II of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 4” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE II. CITY COUNCIL Section 17. - Independent annual audit. -2- The Council shall provide for an independent audit at least annually by a certified public accountant of all books and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal notices within seven (7) five (5) months after the end of each fiscal year. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 4 Shall Section 17 of Article II of the Charter of the City of Fort Collins, requiring an independent audit of city books and accounts at least annually, be amended to increase the time for publication of a summary of such audit to seven (7) months after the end of each fiscal year, instead of five (5) months? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 015, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 5 OF ARTICLE VIII OF THE CITY CHARTER UPDATING THE REFERENCE TO “CHIEF JUDGE” IN THE BOARD OF ELECTIONS PROVISION WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 5, of the Charter (“Section 5”) establishes a Board of Elections to consist of the City Clerk, Chief Deputy City Clerk, and Municipal Judge; and WHEREAS, at the regular municipal election on April 4, 2017, the voters of Fort Collins approved Ordinance No. 004, 2017, modifying Article VII, Section 1 of the Charter to establish a Chief Judge where previously was referenced the Municipal Judge; and WHEREAS, a conforming change is needed in Section 5 to update the reference there from “Municipal Judge” to “Chief Judge” in accordance with Ordinance No. 004, 2017; and WHEREAS, Council desires to amend the Charter to ensure clarity and internal consistency in these provisions and to avoid any confusion or question regarding the composition of the Board of Elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Section 5 of Article VIII of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 5” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE VIII. ELECTIONS Section 5. - Board of Elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Municipal Chief Judge. The Board shall be responsible for any election -2- duties specified in this Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance. Section 4. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 5 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 5 Shall Section 8 of Article VIII of the Charter of the City of Fort Collins, establishing the Board of Elections, be amended to replace a reference to “Municipal Judge” with “Chief Judge” in conformance with a 2017 update to that title? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk