HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/03/2025 - Work SessionFort Collins City Council
Work Session Agenda
Tuesday, June 3, 2025
Starting 15 minutes after end of Regular Meeting
300 Laporte Avenue, Fort Collins, CO 80521
NOTICE:
Work Sessions of the City Council are generally held on the 2nd and 4th Tuesdays of
each month. Meetings are conducted in a hybrid format, however there is no public
participation permitted in a work ses sion.
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Upon request, the City of Fort Collins will provide language access services for individuals who have
limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access
City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide 48 hours’ advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso
previo cuando sea posible.
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mail comments about any item on the agenda to
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City of Fort Collins Page 1 of 1
City Council
Work Session Agenda
June 3, 2025
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
Council Information Center (CIC)
300 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
Starting 15 minutes after end of Regular Meeting.
A)CALL MEETING TO ORDER
B)ITEMS FOR DISCUSSION
1.Council Priority to Update and Modernize the City Charter – Council Vacancy Amendment.
The purpose of this item is to discuss and provide feedback about a possible Charter Amendment
to update the Council Vacancy process set out in Article II of the City Charter.
2.Council Priority to Update and Modernize the City Charter – Order of Ballot Questions
The purpose of this item is to review all approved Charter Amendment ballot items to get further
input from Councilmembers about the items to appear on the upcoming November 2025 ballot and
in what order.
C)ANNOUNCEMENTS
D)ADJOURNMENT
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Page 1
File Attachments for Item:
1. Council Priority to Update and Modernize the City Charter – Council Vacancy
Amendment.
The purpose of this item is to discuss and provide feedback about a possible Charter
Amendment to update the Council Vacancy process set out in Article II of the City Charter.
Page 2
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 3
June 3, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Carrie Daggett, City Attorney
Delynn Coldiron, City Clerk
SUBJECT FOR DISCUSSION
Council Priority to Update and Modernize the City Charter – Council Vacancy Amendment.
EXECUTIVE SUMMARY
The purpose of this item is to discuss and provide feedback about a possible Charter Amendment to
update the Council Vacancy process set out in Article II of the City Charter.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions and feedback do Councilmembers have about this proposed Amendment?
2. Are Councilmembers interested in seeing this proposed Amendment presented for consideration as a
ballot item for November 2025?
BACKGROUND / DISCUSSION
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority as follows:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and updated on a regular basis, due to changes in state
laws and election procedures, there is a need to modernize and update the City Charter, which has not
been done in a comprehensive way in over 25 years.
The Council further discussed this Priority at the May 14 Work Session, identifying as the objectives for
this work:
1. Comprehensive review of City Charter to align with state law and legal developments;
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 3
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office worked with special legal
counsel retained for this project, Geoff Wilson of the law firm Wilson Williams Fellman Dittman LLP, to
identify aspects of the City Charter to be modernized, reconciled with statutory and other legal changes,
simplified and revised for readability.
On April 1 and April 15, the City Council adopted five ordinances setting ballot titles for Charter
amendments resulting from the Charter Update work. A sixth ordinance, related to the Council vacancy
process, was postponed indefinitely to allow for work session discussion of the amendment.
Procedures and Timelines for Filling a Council or Mayor Seat Vacancy
Article II, Section 18 of the City Charter addresses vacancies and the process for filling them. In earlier
discussions, Council provided feedback in support of Charter amendments to clarify procedure and
timeline related to filling a vacant City Council or Mayoral office. There are two main aspects to the vacancy
procedures: When and how an appointment is made to fill the vacancy; and when the vacated office next
appears on the regular election ballot.
The current Charter requires that Council fill a vacancy within 45 days. It also requires that a vacated
office instead be filled by the next Council if the 45-day time period for filling the vacancy falls within 45
days before the election.
Under this language, a vacancy would have to arise 90 days before the election in order for the sitting
Council to appoint a replacement. A vacated office could remain vacant for up to a potential total of 204
days (since the new Council has 45 days to make an appointment after being sworn in). To illustrate,
working backwards from the deadline for the new Council:
1. Vacancy arises 44 days prior to 45-day cutoff date = August 7, 2025
2. Cutoff date is 45 days prior to November 2025 election = September 20, 2025
3. November 2025 election date = November 4, 2025 (this is 10 weeks before swearing in)
4. 2026 swearing in date = January 13, 2026
5. 45 days after 2026 swearing in date (appointment deadline) = February 27, 2026
The current Charter provides that one appointed to serve in a vacated seat serve in that position until the
next regular election. Under current election schedules, the deadline for submitting candidate names to
the County for inclusion on the ballot is 60 days prior to the election. In order for the vacated office to be
added to the ballot, there must be time for candidates to have time to circulate nominating petitions in
advance of the submittal deadline.
Proposed language to address these timing issues would require a vacant office be placed on the ballot if
the vacancy is known in time to allow circulation of nominating petitions before the deadline for submitting
candidate names to the County.
To allow this to shift with changes in County deadlines, the language would only state the period
of time that must be available for nominating petitions.
o The current period (set out in City Code) for nominating petitions allows three weeks for
that process (the 91st day before the election to the 70th day before the election).
o A shortened petition timeframe, such as ten days instead of three weeks, would allow a
higher likelihood that vacated offices would be presented to the voters instead of being
filled for the remainder of the term by appointment.
Additional proposed changes would eliminate the time requirement for the appointment but set a minimum
remaining term the Council either would be required to or could opt to leave the position vacant.
(Councilmembers may have a preference as to which approach to take on that.)
The Charter language currently is not clear on the process for filling various positions created by a vacant
Mayor seat. Proposed changes related to a Mayor vacancy would:
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 3
State the process for next steps in order;
Clarify that Mayor Pro Tem would become Acting Mayor immediately upon Mayoral vacancy;
Clarify that Acting Mayor would only remain until a new Mayor is elected or their original District
Councilmember office’s original term expires;
Clarify that Council will appoint to fill the resulting vacant District Councilmember’s office using the
regular appointment process; and
Clarify the appointed District Councilmember will serve until the earlier of the Acting Mayor returning
to their District position or the expiration of the Acting Mayor’s District term.
In addition, the proposed changes:
Organize the provisions related to filling of vacancies for ease of reading;
Clarify that the newly-constituted Council will appoint to fill an office if no qualified candidate
appears on the ballot;
Clarify that any vacancy will be promptly announced to the public on the City’s website;
Clarify that Council can direct the City Clerk to receive applications for appointment as of the
vacancy announcement;
Clarify that any person appointed must have all the qualifications to fill the seat, including being
from the same District they are appointed to, as such District is constituted at the time of the
appointment or election;
Allow Council to require persons applying for a Council position to submit a nominating petition and
disclosures and other information as Council may require; and
Provide that any person appointed or elected to fill a vacancy who serves a total of more than half
of the term will be considered to have served a full term for the purpose of applying term limits.
NEXT STEPS
If there is interest in placing a Charter amendment updating the vacancy appointment process on the
November 2025 ballot, staff will present an ordinance for Council consideration at the June 17 Council
meeting.
ATTACHMENTS
1. Draft Charter Amendment for Discussion
2. Chart of Reference Dates
3. Presentation
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ARTICLE II. - CITY COUNCIL
Section 1. Membership; terms.
(a)Composition of Council. The Council shall consist of seven (7) members,
including a Mayor and Mayor Pro Tem, elected as provided in this Article.
(b)Method of election. The Mayor shall be nominated and elected from the city at
large. The remaining six (6) members shall be nominated and elected by Districts. The
election of District Councilmembers shall alternate between the election of
representatives for Council Districts 1, 3 and 5 and the election of representatives for
Council Districts 2, 4 and 6.
(c)Council district boundaries. The city shall be divided into six (6) contiguous,
reasonably compact districts, each of which shall consist of contiguous, undivided
general election precincts and, to the extent reasonably possible, an equal number of
inhabitants. The districts shall be numbered consecutively in a clockwise fashion
beginning with the northeast district, which shall be District 1. The Council shall
establish by ordinance the process for adjusting district boundaries and giving notice of
any proposed boundary changes, and the manner of protesting such proposed
changes.
(d)Terms. Except as otherwise provided in Section 18 of this Article and Section
3(d) of Article IX, the term of office of the Mayor shall be two (2) years, and the term of
office of all other members of the Council shall be four (4) years each; provided,
however, that all such officers shall serve until their successors have been elected and
have taken office. The terms of the Mayor and other members of the Council shall begin
when they take the oath of office, which shall occur as the first order of business at a
special Council meeting on the second Tuesday of January next after the election, or, if
appointed, the first regular or special Council meeting following their appointment.
(e)Application of term limit to partial term.
Any person appointed or elected to fill a vacancy on the City Council and who serves a
total of more than one-half of the term of office shall be considered to have served a
term in that office for the purposes of applying the applicable term limit.
Section 18. Vacancies.
(a)Vacancy. A vacancy exists when a member of Council:
(1)dies, resigns, or moves from the city or the District from which elected or
appointed;
(2)assumes another elective office;
(3)fails to attend all regular and special meetings of the Council for sixty (60)
consecutive days unless excused by Council resolution;
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(4) is judicially declared mentally incompetent;
(5) is convicted of a felony that disqualifies the Councilmember from serving in
public office in Colorado under the Colorado Constitution, or is declared by the
City Clerk, more than sixty (60) days after the date of issuance of the certificate
of election of such Councilmember, to have previously been convicted of a
disqualifying felony pursuant to a written protest filed under Section 2 of this
article; or
(6) in the case of an appointed member of the Council, is declared by the City
Clerk to lack any qualification for the office of Councilmember.
(b) Vacancy announcement. The City Clerk will promptly announce a vacancy to the
public on the City’s website upon receipt of notice of the vacancy.
(c) Qualifications. Any person appointed to office must have all qualifications for that
office described in Section 2 of this Article. In the case of a person appointed to fill a
vacant district Councilmember seat, they must be from the same District, as such
District is constituted at the time of the appointment. In order to be considered for
appointment an applicant must submit such nominating petitions, disclosures and
other materials as Council may require.
(d) Appointment assistance. At City Council’s direction, the City Clerk will solicit and
receive appointment applications any time after the vacancy announcement.
(e) Filling a district Councilmember vacancy.
(1) In the event of a vacancy, the seated City Council will make diligent efforts to
appoint a qualified candidate to serve in the vacated office until a successor is
elected. If an appointee’s time in office would be fewer than X days before the
end of the term of the vacated office, the seated City Council will not [may
choose not to] make an appointment.
(2) If a vacancy is known and announced with sufficient time for the circulation of
nominating petitions for ten (10) days or more for an upcoming regular
municipal election, or if the vacancy arises in an office already scheduled to
appear on the next regular municipal election ballot, the vacated office will
appear on that regular municipal election ballot.
(3) If the vacated office does not appear on the regular municipal election ballot,
the new City Council organized after the regular election will appoint a
qualified candidate to fill the vacated office until the next following regular
election.
(4) If, consistent with subsection (e)(1), Council does not make an appointment to
fill a vacancy, the Council shall consist of six (6) members until such time as
the vacated office is filled.
(f) Lack of candidate. If there is no qualified candidate for an elected office on a
municipal election ballot, the new Council organized after such election will appoint a
qualified person to serve until the next regular election.
(g) Mayoral vacancy. If a vacancy occurs in the office of the Mayor:
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(1) The Mayor Pro Tem will become Acting Mayor when the vacancy is effective.
(2) Council will elect an Interim Mayor Pro Tem at the next regular or special
Council meeting after the vacancy is effective.
(3) The Council will fill the district Councilmember seat temporarily open due to
the assumption of Acting Mayor by the Mayor Pro Tem by appointment using
the process set forth in subsection 18(e). The term of such appointed district
Councilmember replacement will continue through the earlier of the return of
the Acting Mayor to their original office, or the end of their original term of
office.
(4) If, consistent with subsection 18(e)(1), Council does not make an appointment
to fill a vacancy, the Council shall consist of six (6) members until such time
as the vacated office is filled.
(5) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from
standing for election to the office of Mayor.
Except for the office of Mayor, any vacancy on the Council shall be filled within
forty-five (45) days by appointment of the Council. The person so appointed shall
serve until the next regular election, when the electors will select a person to fill
the vacancy for the remainder of the term, if any. This selection process shall be
subject to the following exception: If the time for filling the vacancy by
appointment would fall within forty-five (45) days prior to any regular election, and
the remaining unexpired term of the Councilmember to be replaced is more than
two (2) years, then the vacancy shall be filled by the newly constituted Council
following their election, within forty-five (45) days after their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall run for
the remainder of the replaced Councilmember's term. Any person appointed to fill a
Councilmember's vacated position shall have all the qualifications required of regularly
elected Councilmembers. In the case of a vacancy representing a member elected from
a District, any person appointed or elected to fill such vacancy shall be from the same
District, as such District is constituted at the time of the appointment or election.
(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to
the next regular election, the Mayor Pro Tem shall become Acting Mayor, and
the Council shall elect a new Mayor Pro Tem. Both the Acting Mayor and
Mayor Pro Tem shall serve until the next regular election, at which time the
office of Mayor shall be filled by the electors for a new term, and the Acting
Mayor and Mayor Pro Tem shall resume their duties as Councilmembers for
the remainder of their unexpired terms of office, if any. The vacancy on the
Council created by the Mayor Pro Tem assuming the office of Mayor shall be
filled in accordance with the provisions of Section 18(a) above.
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(2) If the position of Mayor becomes vacant within the forty-five (45) days prior to
any regular election, the duties of the Mayor shall be immediately assumed by
the Mayor Pro Tem, who shall serve as Acting Mayor until said regular
election, at which time the office of Mayor shall be filled by the electors for a
new term. Pending the election and the commencement of the term of the
newly elected Mayor, the Council shall consist of six (6) members, and the
Council shall elect an interim Mayor Pro Tem. After the election, the Acting
Mayor and Interim Mayor Pro Tem shall resume their duties as
Councilmembers for the remainder of their unexpired terms of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from
standing for election to the office of Mayor.
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Item 1.
Reference Dates related to Council Vacancy Process (Based on 2025 for Illustration)
June 3, 2025
Reference Dates
(2025 Tuesdays except
as noted)
2026 Swearing in Date January 13, 2026 70 days/10 wks after -----
December 2 28 days/4 wks after 42 days/6 wks
November 18 14 days/2 wks after 56 days/8 wks
2025 Election Day November 4 ----- 70 days/10 wks
October 7 28 days/4 wks before 98 days/14 wks
September 23 42 days/6 wks before 112 days/16 wks
September 9 56 days/8 wks before 126 days/18 wks
Candidates Due for Ballot Friday, September 5 60 days/8.5 wks before 130 days/18.5 wks
September 2 63 days/9 wks before 133 days/19 wks
August 26 70 days/10 wks before 140 days/20 wks
August 19 77 days/11 wks before 147 days/21 wks
August 12 84 days/12 wks before 154 days/22 wks
August 5 91 days/13 wks before 161 days/23 wks
July 29 98 days/14 wks before 168 days/24 wks
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Item 1.
Headline Copy Goes Here
Carrie Daggett, City Attorney
City Attorney’s Office
City Charter Update
and Modernization
Project –Council
Vacancies
06-03-25
Work Session
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Item 1.
Headline Copy Goes Here
2
Council Priority to Modernize and Update City Charter
City Council Resolution 2024-024, Adopted a 2024-2026
Council Priority to Modernize and Update the City Charter:
Modernize and Update the City Charter
•Modernization and updating the City Charter is
necessary.
•A comprehensive review and update has not been
completed in over 25 years.
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Item 1.
Headline Copy Goes Here
3
Council Priority to Modernize and Update City Charter
•On April 15, Council adopted five ordinances to place
Charter amendments on the November 2025 ballot.
•A final item for consideration, regarding the Council
vacancy process, was delayed to allow Work Session
discussion.
•Tonight’s Work Session also includes an item for
discussion of the order of Charter amendments on the
ballot.
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Item 1.
Headline Copy Goes Here
4
Council Vacancy Process –Questions for Consideration
1.What questions and feedback do Councilmembers have about
this proposed Amendment, including
•Eliminating deadline for appointment of replacement;
•Minimum time for circulating nominating petitions;
•Minimum time for appointee to serve in office; and
•Whether Council should be prevented from appointing for a
briefer term?
2.Are Councilmembers interested in seeing this proposed
Amendment presented for consideration as a ballot item for
November 2025?
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Item 1.
Headline Copy Goes Here
5
Current Charter Vacancy Provision
Current Charter requires:
•Council must appoint replacement to fill vacancy
within 45 days.
•If period for filling vacancy falls within the 45-day
window before a regular election, the new Council
fills the vacancy after the election (unless the
vacated office is already on the ballot under the
normal schedule).
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Item 1.
Headline Copy Goes Here
6
Current Charter Vacancy Provision
Under the current Charter:
•The time frame for delaying appointment to the
new Council does not match to election process
timelines.
o Nominations for placing a vacated office on the
ballot require time for circulation of nominating
petitions before the County’s candidate submittal
deadline.
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Item 1.
Headline Copy Goes Here
7
Current Charter Vacancy Provision
Under the current Charter:
•The swearing in date for new Councilmembers
creates a long “lame duck” phase.
o This results in a longer time between the
deadline for getting vacated office on the ballot
and the time a new Council will be seated.
o The current 45-day “hold” before the election
creates a minimum time an appointee would serve
on Council.
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Item 1.
Headline Copy Goes Here
8
Proposed Vacancy Process Amendments (1 of 4)
Proposed changes:
•Reorganize and restate the requirements and process for
appointment to make them easier to read;
•Require public announcement of the vacancy via website
and allow Council to direct Clerk to solicit and receive
applications;
•Continue requirement that qualifications must be met and
allow Council to add requirements for applicants,
including possible nominating petitions, financial
disclosures and other application requirements.
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Item 1.
Headline Copy Goes Here
9
Proposed Vacancy Process Amendments (2 of 4)
Proposed changes:
•Eliminate deadline for appointment to fill vacancy;
•Require vacant office to appear on regular election ballot
if a set minimum time for circulation of nominating
petitions is available;
•Requires newly seat Council to appoint replacement if too
late for regular election ballot.
•Requires (or allows) Council to refrain from appointing a
replacement if the appointee will not be able to serve a
minimum amount of time.
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Item 1.
Headline Copy Goes Here
10
Proposed Vacancy Process Amendments (3 of 4)
Proposed changes:
•Clarify the timing of Mayor Pro Tem becoming Acting
Mayor and Council selection of new Mayor Pro Tem;
•Make clear the appointed replacement for the Mayor Pro
Tem who has become Acting Mayor serves until the
Acting Mayor returns from that role or the term ends;
•Clarify that process for replacement in Acting Mayor’s
District seat.
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Item 1.
Headline Copy Goes Here
11
Proposed Vacancy Process Amendments (4 of 4)
Proposed changes:
•Specify that any person appointed or elected to fill a
vacancy who serves a total of more than half of the term
will be considered to have served a full term for the
purpose of applying term limits.
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Item 1.
Headline Copy Goes Here
12
Council Vacancy Process –Questions for Consideration
1.What questions and feedback do Councilmembers have about
this proposed Amendment, including
•Eliminating deadline for appointment of replacement;
•Minimum time for circulating nominating petitions;
•Minimum time for appointee to serve in office; and
•Whether Council should be prevented from appointing for a
briefer term?
2.Are Councilmembers interested in seeing this proposed
Amendment presented for consideration as a ballot item for
November 2025?
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Item 1.
Headline Copy Goes Here
13
Chart of Dates for Reference
Reference Dates
(2025 Tuesdays unless
noted)
Before/after election To end of terms in Jan.
2026
2026 Swearing in January 13, 2026 70 days/10 wks after -----
December 2 28 days/4 wks after 42 days/6 wks
November 18 14 days/2 wks after 56 days/8 wks
2025 Election
Day
November 4 -----70 days/10 wks
October 7 28 days/4 wks before 98 days/14 wks
September 9 56 days/8 wks before 126 days/18 wks
Candidates Due Friday, September 5 60 days/8.5 wks before 130 days/18.5 wks
September 2 63 days/9 wks before 133 days/19 wks
August 5 91 days/13 wks before 161 days/23 wks
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Item 1.
Headline Copy Goes Here
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Item 1.
File Attachments for Item:
2. Council Priority to Update and Modernize the City Charter – Order of Ballot Questions
The purpose of this item is to review all approved Charter Amendment ballot items to get further
input from Councilmembers about the items to appear on the upcoming November 2025 ballot
and in what order.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 4
June 3, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT FOR DISCUSSION
Council Priority to Update and Modernize the City Charter – Order of Ballot Questions
EXECUTIVE SUMMARY
The purpose of this item is to review all approved Charter Amendment ballot items to get further input
from Councilmembers about the items to appear on the upcoming November 2025 ballot and in what
order.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback do Councilmembers have about the Charter Amendment ballot items to place on the
November 2025 ballot?
2. What feedback do Councilmembers have about the order of the Charter Amendment ballot items on
the ballot?
BACKGROUND / DISCUSSION
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority as follows:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and updated on a regular basis, due to changes in state
laws and election procedures, there is a need to modernize and update the City Charter, which has not
been done in a comprehensive way in over 25 years.
The Council further discussed this Priority at the May 14 Work Session, identifying as the objectives for
this work:
1. Comprehensive review of City Charter to align with state law and legal developments;
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
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Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 4
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office worked with special legal
counsel retained for this project, Geoff Wilson of the law firm Wilson Williams Fellman Dittman LLP, to
identify aspects of the City Charter to be modernized, reconciled wit h statutory and other legal changes,
simplified and revised for readability.
At its December 10, 2024, Work Session, Council considered various categories of changes, including:
1. Clean Up Items which included modernization of language, ensuring alignment with State law,
adding clarification, and making corrections; and
2. Clarifications that raised some policy questions which included qualifications of candidates and
members, vacancies, conflicts of interest, and sales to the City.
At its January 28, 2025, Work Session, Council considered reformatting the existing Charter and replacing
outdated or unclear language as well as suggestions on topical groupings and prioritization for presentation
to voters. The groupings considered included:
1. Group and Priority 1 - Corrections;
2. Group and Priority 2 – Alignment with amended or further developed laws and removing
inconsistencies;
3. Group and Priority 3 – Modernizing publication requirements;
4. Group and Priority 4 – Modernizing conflicts of interest;
5. Group and Priority 5 – Vacancies; and
6. Group and Priority 6 – Repeal provisions made unnecessary due to changes in law or circumstances.
Additional items discussed included campaign contributions and absences from Council meetings.
The Council has adopted the following Ordinances:
A. Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending Articles II, IX, and X of the City Charter to Correct Errors and
Conform to Amendments Adopted in November 2024. This includes:
Clarifying in Section 2(d) of Article II that a registered elector must notify the City Clerk before
seeking a court determination to challenge the qualifications of any member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the number of votes cast in a
specific race to work with the new ranked voting rules that were approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days for a signature
gatherer to circulate an initiative petition by increasing it from 63 days to 77 days;
B. Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending Articles II, IV and XIII of the City Charter Related to Alignment
with Amended or Further Developed Laws and Removing Inconsistencies. This includes:
Page 27
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 4
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to Council elections for
consistency with state law;
o Continue to prohibit a political party, public service corporations, and persons or entities with
city contracts from contributing to any City Council election, while recognizing that some speech
is protected by the U.S. or Colorado constitution;
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law provisions regarding City Council
executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for public inspection
and disclosure consistent with state open records laws;
C. Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins A
Proposed Charter Amendment Amending Articles II and IV of the City Charter to Modernize Certain
Provisions. This includes:
Revising Section 6 of Article II about adopting ordinances, resolutions, and motions to:
o Make the provision easier to read and understand by adding subsections, subsection titles and
better organizing them;
o Remove language entitling any Councilmember to request that an entire ordinance be read
aloud at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of ordinances to:
o Allow an ordinance to proceed to adoption if publication of the ordinance before adoption was
not timely, so long as all other notice requirements have been met; and
o Cure late publication of ordinance after final passage if publication completed within a
reasonable period of time; and
o Delay the effective date of the ordinance until publication requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s website and posted at
City Hall, instead of publishing formal legal notices in a local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins about how to apply
deadlines throughout the Charter in the manner already enacted for Articles VIII, IX and X;
D. Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors of the City of Fort C ollins a
Proposed Charter Amendment Amending Article IV of the City Charter Related to Conflicts of Interest.
This includes:
Allowing City Councilmembers or the Mayor to sell real property to the city if the property is needed
for a city project or public use, while retaining all requirements for disclosure and refraining from
involvement that otherwise apply in the case of a conflict of interest; and
Page 28
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 4
Allowing City employees to rent property from the city with City Manager approval, if it is for the
city’s benefit and related to the employee’ s performance of their job; and
E. Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending the City Charter to Modernize and Update It by Reformatting
and Updating Language Usage for Ease of Reading and Clarity and Eliminating Inapplicable and Invalid
Provisions. This includes:
Changing the words “ shall” to “ will,”“ must” or “may,” or other words to improve clarity; and
Making the language more inclusive by taking out words “ he” and “ she” and related word forms;
and
Dividing sections into subsections and adding titles to subsections to make them easier to read and
understand; and
Eliminating transitional provisions that:
o Address residency requirements for City department heads appointed prior to March 6, 1985
(Section 3 of Article IV); and
o Set a mill levy cap on Council’ s adoption of taxes (Section 6 of Article lV), which Council must
now adopt only with voter approval; and
o Provide for transition from the prior Charter when the Charter was adopted (Article XIV); and
Renumbering and updating section cross- references throughout the Charter.
These Ordinances were adopted on second reading on April 15, 2025. The signed Ordinances are
attached (Attachments 2-6). A Work Session related to vacancies is scheduled for the June 3, 2025, Work
Session.
Each of the above-referenced Ordinances included ballot language. Attachment 1 lists each ballot
question that has been approved by Council to date. The questions before Council tonight are whether all
ballot questions that have been approved should move forward to the November 2025 ballot and, if so, in
what order does Council want the items presented. If Council recommended moving forward with an
additional Charter change related to vacancies, that item should also be considered as part of this
discussion.
NEXT STEPS
Staff will bring back an Ordinance at the next Council Regular Meeting that includes the ballot questions
Council desires to move forward to the November 2025 ballot in their preferred order.
ATTACHMENTS
1. Ballot Questions
2. Copy of Ordinance No. 063, 2025
3. Copy of Ordinance No. 064, 2025
4. Copy of Ordinance No. 065, 2025
5. Copy of Ordinance No. 066, 2025
6. Copy of Ordinance No. 067, 2025
7. Presentation
Page 29
Item 2.
PROPOSED BALLOT QUESTIONS
CONSOLIDATED FOR REFERENCE
Ordinance No. 63 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLES
II, IX, AND X OF THE CITY CHARTER TO CORRECT ERRORS AND CONFORM TO
AMENDMENTS ADOPTED IN NOVEMBER 2024:
Shall Articles II, IX, and X of the Charter of the City of Fort Collins, be amended
to correct errors and eliminate outdated or unnecessary language in light of the
Charter amendments adopted in November 2024, by:
Clarifying in Section 2(d) of Article II that a registered elector must notify the City
Clerk before seeking a court determination to challenge the qualifications of any
member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the number
of votes cast in a specific race to work with the new ranked voting rules that were
approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days for
a signature gatherer to circulate an initiative petition by increasing it from 63 days
to 77 days?
Ordinance No. 64 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLES
II, IV AND XIII OF THE CITY CHARTER RELATED TO ALIGNMENT WITH AMENDED
OR FURTHER DEVELOPED LAWS AND REMOVING INCONSISTENCIES:
Shall Articles II, IV, XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies, in order to minimize conflicts between the Charter legal
developments, by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to
Council elections for consistency with state law;
o Continue to prohibit a political party, public service corporations,
and persons or entities with city contracts from contributing to any
City Council election, while recognizing that some speech is
protected by the U.S. or Colorado constitution;
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law pro visions
regarding City Council executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
Page 30
Item 2.
Ordinance No. 65 — A PROPOSED CHARTER AMENDMENT AMENDING
ARTICLES II AND IV OF THE CITY CHARTER TO MODERNIZE CERTAIN
PROVISIONS:
Shall Articles II and IV of the Charter of the City of Fort Collins, be amended to
modernize publication requirements and requirements for adopting ordinances, by:
Revising Section 6 of Article II about adopting ordinances, resolutions, and
motions to:
o Make the provision easier to read and understand by adding
subsections, subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that
an entire ordinance be read aloud at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of
ordinances to:
o Allow an ordinance to proceed to adoption if publication of the
ordinance before adoption was not timely, so long as all other
notice requirements have been met; and.
o Cure late publication of ordinance after final passage if
publication completed within a reasonable period of time; and
o Delay the effective date of the ordinance until publication
requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s
website and posted at City Hall, instead of publishing formal legal notices in a
local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins
about how to apply deadlines throughout the Charter in the manner already
enacted for Articles VIII, IX and X?
Ordinance No. 66 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLE
IV OF THE CITY CHARTER RELATED TO CONFLICTS OF INTEREST:
Shall Section 9 of Article IV of the Charter of the City of Fort Collins, regarding
conflicts of interest, be amended to:
Allow City Councilmembers or the Mayor to sell real property to the city if the
property is needed for a city project or public use, while retaining all
requirements for disclosure and refraining from involvement that otherwise
apply in the case of a conflict of interest; and
Allow City employees to rent property from the city with City Manager approval,
if it is for the city’s benefit and related to the employee’s performance of their
job?
Page 31
Item 2.
Ordinance No. 67 — A PROPOSED CHARTER AMENDMENT AMENDING THE CITY
CHARTER TO MODERNIZE AND UPDATE IT BY REFORMATTING AND UPDATING
LANGUAGE USAGE FOR EASE OF READING AND CLARITY AND ELIMINATING
INAPPLICABLE AND INVALID PROVISIONS:
Shall the Charter of the City of Fort Collins be amended to modernize and update
it by reformatting and updating language usage for ease of reading and clarity, and
eliminating inapplicable and invalid provisions, without undoing any substantive
Charter amendments approved by the voters at the Tuesday, November 4, 2025,
municipal election, by:
Changing the words "shall" to "will," "must" or “may,” or other words to improve
clarity; and
Making the language more inclusive by taking out words "he ” and “she” and
related word forms; and
Dividing sections into subsections and adding titles to subsections to make
them easier to read and understand; and
Eliminating transitional provisions that
o Address residency requirements for City department heads
appointed prior to March 6, 1985 (Section 3 of Article IV); and
o Set a mill levy cap on Council’s adoption of taxes (Section 6 of
Article IV), which Council must now adopt only with voter approval;
and
o Provide for transition from the prior Charter when the Charter was
adopted (Article XIV); and
Renumbering and updating section cross-references throughout the Charter?
Ordinance No. 68 — A PROPOSED CHARTER AMENDMENT AMENDING SECTION 1
AND 18 OF ARTICLE II OF THE CITY CHARTER RELATED TO VACANCIES AND
APPLICATION OF TERM LIMITS TO PARTIAL TERMS:
Shall the Charter of the City of Fort Collins be amended to update the process for
filling a vacant Council or Mayoral office and to clarify how existing term limits apply
to partial terms to fill a vacancy, by:
Requiring the Council to appoint a replacement to fill a District Councilmember
vacancy within 40 business days, unless there are fewer than 98 days (14 weeks)
left in the term that was vacated, or unless the vacancy comes up so close to an
election that it’s too late for the voters to elect a replacement (in which case the
newly seated Council will fill the vacancy after it takes office); and
Continuing the requirement that if the Mayor office is vacated, the Mayor Pro Tem
becomes the Acting Mayor; and
Requiring that if the Acting Mayor will be in that role for 98 days (14 weeks) or
more, the Council will appoint a replacement District Councilmember to serve in
the seat while the Acting Mayor is Acting Mayor; and
Establishing that when a member of Council is elected or appointed to fill a
vacancy and serves in that office for at least half of the term of office, that service
will count as a full term when applying the applicable term limits (which are
currently the term limits provided in the Colorado constitution )?
Page 32
Item 2.
ORDINANCE NO.063,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMI111NG TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLES II,IX,AND X OF THE CITY
CHARTER TO CORRECT ERRORS AND CONFORM TO
AMENDMENTS ADOPTED IN NOVEMBER 2024
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time,Charter provisions may become obsolete,contradictory,or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado.Colorado Revised Statutes Section 31-
2-210 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.
D.On February 27,2024,the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.At its May 14,2024,work session,the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive;focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G.City staff presented various options, including the possible groupings of
amendments,to City Council at work sessions held on December10,2024,and January
28,2025.
H.At its January 28,2025,work session,the Council provided positive
feedback to staff in support of considering an ordinance that will pose a ballot question
that will correct and align Charter with the November 2024 Charter revisions.
COP
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Page 33
Item 2.
I.Proposed revisions to Section 2(d)of Article II include requiring a registered
elector who would like to challenge the qualifications of a City Councilmember to notify
the City Clerk prior to seeking a court determination.
J.Proposed revisions to Section 2(e)(1)of Article IX update language about
counting votes in elections to match the new ranked voting rules that were approved in
November 2024.
K.Proposed revisions to Section 2(e)(1)of Article X increase the number of
days for a signature gatherer to circulate a petition with a citizen proposal from 63 days
to 77 days.
L.If there are multiple Charter amendments approved for the November 2025
ballot,the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
M.The Council finds that these proposed revisions to Articles II,IX,and X of
the City Charter, regarding correcting errors created by,or correcting language to be in
conformance with,the November 2024 Charter amendments are for the benefit of the
people of Fort Collins,and the Council desires to present the amendments to Articles II,
IX,and X set forth below to the voters for approval at the November 4,2025,municipal
election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the following proposed changes to Articles II,IX,and X,of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4,2025:
ARTICLE II.CITY COUNCIL
Section 2.Qualifications of candidates and members;challenges.
(d)Any registered elector maymust file notice with the City Clerk a written protoct
challenging the qualifications of any member of the Council prior to seeking a court
determination My ouch protoct shall bo rooolvod by tho City ClorIc as expeditiously
as posciblo but no moro than forty fivo (15) days from tho dato of filing of the protest,
pursuant to a procoduro established by tho Council by ordinance.In ordor to rocolvo
such protests, the City Clerk shall have the power to subpoena witnesses, administor
oaths,and roquiro the production of evidence.No protest chall bo filod prior to tho
date of appointmont or the date of issuance of the certificate of olection of a
Counoilmombor,whichovor is applioablo,nor shall any ouch protect,other than a
-2-
COP
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Page 34
Item 2.
protect based upon the fact of a felony conviction,be filed more than fifteen (15) days
after caid dato.
ARTICLE IX.RECALL
Section 2.Petitions.
(e)Number of signatures required.
(1) First recall attempt.The petition must be signed by registered electors equal in
number to at least twenty-five (25)percent of tho total of first choice votes cast
at the last preceding regular city election for the office to which the incumbent
sought to be recalled was elected.
(2)Subsequent recall attempts.After one (1)recall petition and election,a recall
petition filed against the same officer during the same term for which elected
must be signed by registered electors equal in number to at least fifty (50)
percent of tho total of fist choice votes cast at the last preceding regular city
election for the office to which the incumbent sought to be recalled was elected.
ARTICLE X.INITIATIVE AND REFERENDUM
Section 2.Petitions.
(e)Petition deadlines and submittal.
(1)To be valid,the initiative petition must be filed no more than cixty three (63)
seventy-seven (77)days after the City Clerk’s approval of the form for circulation.
Section 2.That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
COP
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Page 35
Item 2.
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.
Shall Articles II,IX,and X of the Charter of the City of Fort Collins,be amended
to correct errors and eliminate outdated or unnecessary language in light of the
Charter amendments adopted in November 2024,by:
• Clarifying in Section 2(d)of Article II that a registered elector must notify the City
Clerk before seeking a court determination to challenge the qualifications of any
member of the Council;and
•Updating language in Section 2(e)(1) of Article IX about determining the number
of votes cast in a specific race to work with the new ranked voting rules that were
approved in November 2024;and
• Changing language in Section 2(e)(1)of Article X to restore the number of days
for a signature gatherer to circulate an initiative petition by increasing it from 63
days to 77 days?
______Yes/For
______No/Against
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
I
ityC~
I /
Effective Date:April 25,2025
e
Mayor •-
Approving Attorney:Carrie Daggett
COP
Y
Page 36
Item 2.
ORDINANCE NO.064,2025
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 CHARTER
AMENDMENT AMENDING ARTICLES II,IV AND XIII OF THE
CITY CHARTER RELATED TO ALIGNMENT WITH AMENDED OR
FURTHER DEVELOPED LAWS AND REMOVING
INCONSISTENCIES
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time,Charter provisions may become obsolete,contradictory, or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado.Colorado Revised Statutes Section 31-
2-210 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.
D.On February 27,2024, the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter.Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter,which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.At its May 14,2024,work session,the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive;focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G.City staff presented various options, including the possible groupings of
amendments,to City Council at work sessions held on December 10,2024,and January
28,2025.
H.At its January 28,2025,work session,the Council provided positive
feedback to staff in support of considering an ordinance that poses a ballot question that
will align the Charter language with amended or further developed laws,helping to
COP
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Page 37
Item 2.
minimize the need to update the Charter with future legal developments,and remove
inconsistencies to avoid confusing the public.
I.Proposed revisions to Article II Section 8 regarding limits on Council
campaign contributions continue to prohibit a political party,public service corporations,
and persons or entities with city contracts from contributing to any City Council election,
while recognizing that some political speech is protected by the U.S.or Colorado
constitution.
J.Proposed revisions to the definitions article of the Charter (Article XIII)
specify which City employees are prohibited from contributing to Council elections for
consistency with state law and correspond to changes in Article II.
K.Proposed revisions to Section 11 of Article II incorporate state law provisions
regarding City Council executive sessions.
L.Proposed revisions to Section 5 of Article IV clarify that City records are
available for public inspection and disclosure consistent with state open records laws.
M.If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
N.The Council finds that these proposed revisions to Articles II,IV,and XIII of
the City Charter, regarding changes to the Charter that will align it with amended or further
developed laws,removing inconsistencies and minimizing the need for future Charter
updates,are for the benefit of the people of Fort Collins,and the Council desires to
present the amendments to Articles II,IV,and XIII,set forth below to the voters for
approval at the November 4,2025,municipal election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the following proposed changes to Articles II,IV and XIII of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4,2025:
ARTICLE II.CITY COUNCIL
Section 8.Campaign contributions.
(a)Council to set limits.The Council will act by ordinance 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.
-2-
COP
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Page 38
Item 2.
(b)Employee contributions.It is unlawful for any confidential o policy-level employees of
the city to contribute or expend any money or other valuable thing,directly or indirectly,
to assist in the election or defeat of any Counc I candidate
(c)Other contributions.No It is unlawful for any political party or city omployoo,directly
or indirectly,and no public service corporation,nor any other person,firm or
corporation,owning,interested in,or intending to apply for any franchico or a contract
with the city to may contribute or expend any money or other valuable thing,directly
or indirectly,to assist in the election or defeat of any Counci candidate, except to the
extent protected as free speech under the Cons i ution of the United States or the
Constitution of the state of Cob ado.
Section 11.Meetings,quorum, executive session.
By two-thirds (2/3) vote of those present and voting,the Council may go into executive
session,which shall be closed to the public.Executive sessions may only be held to:
(1)discuss personnel matters;or
(2)consult with attorneys representing the city regarding specific legal questions
involving litigation or potential litigation and/or the manner in which particular
policies,practices or regulations of the city may be affected by existing or
proposed provisions of federal, state or local law;or
(3)consider water and real property acquisitions and sales by the city; or
(4)consider electric utility mailers if such matters pertain to issues of competition in
the electric utility industry7;or
(5)discuss and consider any other mailer authorized by the Colorado Open
Meetings Law,Section 24-6-401 Colorado Rev sed Statutes,as amended.
ARTICLE IV.GENERAL PROVISIONS
Section 5.Records to be public.
All-oCity records shall be available for public inspection,as required and permitted by
Colorado law.subject only to reasonable restrictions.Upon payment of a reasonable foe,
a copy org certified copy of any city rocord shall be fumishod by the custodian thereof. A
certified copy of any city record shall be prima faoio evidence of its contonto.
ARTICLE XIII.DEFINITIONS.
Certain words and phrases used in this Charter are hereby declared to have the following
meanings:
-3-
COP
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Page 39
Item 2.
“Confident al employee”means a public employee requ red to develop or present
management positions with respect to employer-employee relations,or whose duties
normally require access to confidential information,or to contribute significantly to
decision-making on management po&tions.
“Policy level emp oyee”means a public employee with significant decision-making
responsibi itiés to formulate policies or programs,or administer a service area or
~partment.
Section 2.That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO._
Shall Articles II,IV,XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies,in order to minimize conflicts between the Charter legal
developments,by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to
Council elections for consistency with state law;
o Continue to prohibit a political party,public service corporations,
and persons or entities with city contracts from contributing to any
City Council election, while recognizing that some speech is
protected by the U.S.or Colorado constitution;
•Adding definitions to Article XIII to correspond to the changes to Article II;and
•Adding language to Section 11 of Article II incorporating state law provisions
regarding City Council executive sessions;and
•Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
_______Yes/For
_______No/Against
COP
Y
Page 40
Item 2.
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
Effective Date:April 25,2025
Approving Attorney:Carrie Daggett
Mayor ProThfn
COP
Y
Page 41
Item 2.
ORDINANCE NO.065,2025
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 CHARTER
AMENDMENT AMENDING ARTICLES II AND IV OF THE CITY
CHARTER TO MODERNIZE CERTAIN PROVISIONS
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time,Charter provisions may become obsolete,contradictory, or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado.Colorado Revised Statutes Section 31-
2-210 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.
D.On February 27,2024,the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-024 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter,which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.At its May 14,2024,work session,the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive;focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G.City staff presented various options,including the possible groupings of
amendments,to City Council at work sessions held on December 10,2024,and January
28,2025.
H.At its January 28,2025,work session,the Council provided positive
feedback to staff in support of considering an ordinance that updates the publication
requirements in the Code and eliminates language in the Charter that gives a
Councilmember the option to request that an ordinance be read in full during a Council
meeting. Council also gave positive feedback to staff about updating formatting of the
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Item 2.
Charter language about adopting ordinances,resolutions and motions to improve ease
of reading.
I.The proposed amendments to Section 6 of Article Il remove the option for a
City Councilmember to request that an entire ordinance be read aloud at a City Council
meeting and make requirements for adopting ordinances,resolutions and motions easier
to read by adding subsections,subsection titles and better organizing them.
J.The proposed amendments to Section 7 of Article II add a way to correct the
effect of late publication of an ordinance if publication is completed within a reasonable
time.Late publication delays the effective date of the ordinance and tolls the deadline to
file a notice of referendum protest.Currently,publication errors or delays result in a
complete restart of the adopted ordinance, which is wasteful and unnecessary.
K.The proposed amendments to Section 7 of Article IV modernize the
publication requirements to eliminate formal legal publication in a local newspaper and
instead require publication of information on the City’s website and posted at City Hall
and other locations decided by City Council.
L.On November 4,2024, City voters approved amendments to the City Charter
that added a section about computation of time to Articles VIII,IX and X of the Charter,
regarding Elections,Recall and Initiative and Referendum, respectively. This amendment
adds provisions about computation of time to the General Provisions of the Charter and,
if approved, would apply to computation of time throughout the Charter.
M.Proposed revisions add a new Section 17 to Article IV about computation of
time to clarify how deadlines are interpreted throughout the Charter.
N.If there are multiple Charter amendments approved for the November 2025
ballot,the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
0.The Council finds that these proposed revisions to Articles II and IV of the
City Charter, removing language that allows a Councilmember to request that an
ordinance be read in full at a Council meeting and reformatting language about adopting
ordinances for ease of reading,about modernizing the publication requirements to ensure
more efficient notice to the public and clarifying the rules for computation of time in
applying deadlines in the Charter,are for the benefit of the people of Fort Collins,and the
Council desires to present the amendments to Articles II and IV,set forth below to the
voters for approval at the November 4,2025,municipal election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Item 2.
Section 1.That the following proposed changes to Articles II and IV of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4,2025:
ARTICLE II.CITY COUNCIL
Section 6.Ordinances,resolutions and motions.
(a)Council action. The Council shall act by ordinance,resolution,or motion.The ayes
and nays shall be recorded on the passage of all ordinances, resolutions,and motions.
Every Councilmember present shall vote;if a member fails to vote when present,he or
she shall be recorded as voting in the affirmative.
(b)Ordinance requir d All legislative enactments and every act creating, altering,or
abolishing any agency or office,fixing compensation,making an appropriation,
authorizing the borrowing of money,levying a tax,establishing any rule or regulation for
the violation of which a penalty is imposed,or placing any burden upon or limiting the use
of private property,shall be by ordinance, which shall not be so altered or amended on
the final passage as to change the original purpose.
(c)Single subject.All ordinances, except the annual appropriation ordinance and any
ordinance making a general codification of ordinances,shall be confined to one (1)
subject which shall be clearly expressed in the title.
(d)Introduction and passage o ordinances All ordinances shall be formally introduced at
a regular or special Council meeting in written or printed form by any member of the
Council and considered on first reading and action taken thereon.No ordinance, except
an emergency ordinance,shall be finally passed on the first reading or at the meeting at
which it is first introduced.An omorgonoy ordinanco may bo formally introduced at a
spooial Council meeting and action taken thoroon, including final passage at such special
mooting.Reading of an ordinance shall consist only of reading the title thereof,provided
that copies of the full ordinance proposed shall have been available for inspection and
copying by the general public in the office of the City Clerk and posted on the city website
at least forty-eight (48)hours prior to the time such ordinance is introducod for each
mombor of considered by the City Council,and for inspection and copying by tho gonoral
public.Final passage of all ordinances except emergency ordinances shall beata regular
Council meeting.and providod furthor that any mombor of tho City Council may roquact
that an ordinanco bo road in full at any roading of tho camo,in which case such ordinanco
shall bo road in full at ouch roading.
(e)Emergency ordinances.An emergency ordinance may be formally introduced at a
special Council meeting and action taken thereon, including final passage at such special
meeting.Final passage of all ordinances except emergency ordinances shall be at a
regular Council mooting.Emergency ordinances shall require for passage the affirmative
vote of at least five (5)members of the Council and shall contain a specific statement of
the nature of the emergency.No ordinance granting any franchise or special privilege
which involves a benefit to any private person or entity shall ever be passed as an
emergency ordinance.
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Item 2.
(f)Ordinance enacting clause. The ena ing ause of all ordinances passed by the
Council shall be as follows:“Be it ordained by the Council of the City of Fort Collins.”
Section 7.Ordinances,publication and effective date.
(a)Publication.Every proposed ordinance,except an emergency ordinance,shall will be
published in full at least seven (7)days before its final passage on the city’s official internet
web site.In addition, each such ordinance chall wi I be published in a newspaper of
general circulation in the city by number and title only,together with a statement that the
full text is available for public inspection and acquisition in the office of the City Clerk and
on the city’s internet web site.
(b)Notices.Both publications shall wi I contain a notice of the date when said proposed
ordinance will be presented for final passage.The City Clerk shall will,within seven (7)
days after final passage of any such ordinance,publish such ordinance in the same
method as is required for the first publication.
(c)Effective Date. All ordinances, except emergency ordinances,shall will take effect on
the tenth day following their passage.An emergency ordinance shall will take effect upon
passage and shall will be published as provided above within seven (7)days thereof.
(d)Effect of Late Publication.Fai ure to timely publish an ordinance before final passage
may be cured by publication after final passage,so long as other notice requirements for
consideration of the ordinance have been met. A late publ cation afte final passage may
be cured if publication is completed within a reasonable time. An o dinance published
after final passage will not go into effect unt I publication requirements are met.Late
publication will toll the deadline to file a notice of re erendum p otest to the amount of time
after publication consistent with a timely published ordinance.
(e) Form.Standard codes and codifications of ordinances of the city may be published by
title and reference in whole or in part.Ordinances shall must be signed by the Mayor,
attested by the City Clerk and published without further certification.
(f)Public Hearings.The Council may enact any ordinance which adopts any code by
reference in whole or in part provided that before adoption of such ordinance the Council
shall will hold a public hearing thereon and notice of the hearing shall must be published
twice in the newspaper of general circulation, published in the city,one (1)of such
publications to be at least eight (8)days preceding the hearing and the other at least
fifteen (15)days preceding the hearing. Such notice shall must state the time and place
of the hearing and shall must also state that copies of the code to be adopted are on file
with the City Clerk and open to public inspection.The notice shall must also contain a
description which the Council deems sufficient to give notice to persons interested as to
the subject matter of such code and the name and address of the agency by which it has
been promulgated.The ordinance adopting any such code shall must set forth in full any
penalty clause in connection with such code.
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Item 2.
ARTICLE IV.GENERAL PROVISIONS
Section 7.Publication.
Whenever legal notice or other publication is required by this Charter,or by ordinance,
rule,or regulation,such notice sha I be published on the city’s website and posted at
City Hall and at other locations as decided by City Council,at leact once in a local
nowspapor of general circulation in tho city,which ic dovotod to diccomincition of nowo
of a genoral charactor,unless a different form of notice is specified in this Charter or in
the ordinance,rule,or regulation requiring the notice.
Section 17.Computation of time.
(a)Calendar days unless specified. Except when business days are specified,all
computations of time made under the provisions of this Charter will be based on calendar
days.
(b)Included days.Except when computing business days,Saturdays, Sundays,City
holidays and days City Hall is closed for business or a fu I or partial day due to inclement
weather or other emergency circumstances wi I be ncluded,but,if the time for any act to
be done or the last day of any period is a Saturday,Sunday,City holiday or day City Hall
is closed for business for a full or partial day due to inclement weather or other emergency
circumstances,the period is extended to include the next day that is not a Saturday,
Sunday,or City holiday.
(c)Business days.If the time for an act to be done unde this Charter is referred to in
business days,the time will be computed by excluding Saturdays, Sundays,City holidays,
and any day City Hall is closed for business for a full or partial day due to inc ement
weather or other emergency circumstances.
(e)Specific considerations.In relation to e ection requirements only,if a provision
requires doing an act in “not less than”or “no later than”or “at least”a certain number of
days or “prior to”a certain numbe o days or a certain number of months “before”the
date of an election,or any phrase that suggests a similar mean ng,if that period would
end on a Saturday,Sunday or City holiday,it will instead shift to end on the prior business
day that is not a Saturday, Sunday or City holiday.If that period ends on a day City Hall
is closed for business for a full or partia day due to inclement weather or other emergency
circumstances,the period will end on the next business day on which City Hall ~s open
for business.
(f)Time of day.Except when otherwise specified an act must be completed by 5:00
p.m.Mountain time on the last day for that action.
Section 2.That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
-5-
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Item 2.
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.
Shall Articles II and IV of the Charter of the City of Fort Collins,be amended to
modernize publication requirements and requirements for adopting ordinances,by:
•Revising Section 6 of Article II about adopting ordinances, resolutions,and
motions to:
o Make the provision easier to read and understand by adding
subsections,subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that
an entire ordinance be read aloud at a Council meeting;and
•Revising Section 7 of Article II about publication and effective date of
ordinances to:
Allow an ordinance to proceed to adoption if publication of the
ordinance before adoption was not timely,so long as all other
notice requirements have been met;and.
Cure late publication of ordinance after final passage if
publication completed within a reasonable period of time;and
Delay the effective date of the ordinance until publication
requirements are met;and
o Toll the deadline to file a notice of referendum protest;and
•Revising Section 7 of Article IV to require notice be published on the City’s
website and posted at City Hall,instead of publishing formal legal notices in a
local newspaper;and
•Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins
about how to apply deadlines throughout the Charter in the manner already
enacted for Articles VIII,IX and X?
_______Yes/For
_______No/AgainstCOP
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Item 2.
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
\.J~~/--
ity
Eff-e Date:April 25,2025
Approving Attorney: Carrie Daggett
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Item 2.
ORDINANCE NO.066,2025
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 CHARTER
AMENDMENT AMENDING ARTICLE IV OF THE CITY CHARTER
RELATED TO CONFLICTS OF INTEREST
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time, Charter provisions may become obsolete,contradictory,or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 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.
D.On February 27,2024,the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter,which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.At its May 14,2024,work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive;focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G.City staff presented various options,including the possible groupings of
amendments,to City Council at work sessions held on December 10,2024,and January
28,2025.
H.At its January 28,2025,work session, the Council provided positive
feedback to staff in support of considering an ordinance that modernizes conflicts of
interest language to allow a Councilmember to sell real property to the City for reasons
beneficial to the City, if certain limitations about declaring a conflict and refraining from
involvement in the City decision remain in place.
—1—
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Item 2.
I.At its January 28,2025,work session, the Council provided positive
feedback to staff in support of considering an ordinance that modernizes conflicts of
interest language to allow an employee to lease real property with City Manager approval
for reasons beneficial to the City and related to the employee’s job duties.
J.The proposed amendments to Section 9(b)(1) of Article IV allow a
Councilmember or Mayor to sell real property at real market value to the City if it’s needed
for a City project or public purpose and provided certain limitations about declaring a
conflict and refraining from involvement in the City decision remain in place. The City may
need to buy specific real property for important public purposes and the Charter currently
prohibits any Councilmember from selling property or services to the City with no
exceptions.
K.The proposed amendments to Section 9(b)(2)of Article IV allow a City
employee to rent property from the City if it is leased to the employee with the City
Manager’s approval and related to the employee’s job duties.
L.If there are multiple Charter amendments approved for the November 2025
ballot,the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
M.The Council finds that these proposed revisions to Articles IV of the City
Charter, regarding modernizing the conflicts of interest language to allow City officers to
sell real property to the City in certain circumstances and allow employees to lease
property from the City with City Manager approval,are for the benefit of the people of Fort
Collins,and the Council desires to present the amendments to Article IV,set forth below
to the voters for approval at the November 4,2025,municipal election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the following proposed changes to Article IV of the Charter of
the City of Fort Collins shall be submitted to the registered electors of the City as a
Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4,2025:
ARTICLE IV.GENERAL PROVISIONS
Section 9.Conflicts of interest.
(b)Rules of conduct concerning con flicts of interest.
(1)Sales to the city.
-2-
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Item 2.
a.Except as provided in subsection b,t4no officer or employee,or relative of
such officer or employee, shall have a financial interest in the sale to the city of
any real or personal property,equipment,material,supplies or services, excopt
porconal corvicoc providod to tho city as an officor or omployoo,if:
ai. such officer or employee is a member of the Council;
bii.such officer or employee exercises,directly or indirectly,any decision-
making authority on behalf of the city concerning such sale;or
eiii.in the case of services,such officer or employee exercises any
supervisory authority in his or her role as a city officer or employee over
the services to be rendered to the city.
b.Exceptions to this prohibit on include:
(i)personal services p ovided to the city as an officer or employee,and
(ii)the sale o real property at fair market value by a Councilmember or
Mayor to the city in the event the city needs a particular real property to
carry out city purposes o projects.
(2)Purchases from the city.No officer,employee or relative shall,directly or
indirectly, purchase any real or personal property from the city,except:
a.such property as is offered for sale at an established price, and not by bid or
auction,on the same terms and conditions as to all members of the general
public,or~
b such property as is leased to an employee with City Manager approval for the
city’s benefit and for purposes related to the emp oyee’s job duties.
Section 2.That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO._
Shall Section 9 of Article IV of the Charter of the City of Fort Collins,regarding
conflicts of interest,be amended to:
•Allow City Councilmembers or the Mayor to sell real property to the city if the
property is needed for a city project or public use,while retaining all
requirements for disclosure and refraining from involvement that otherwise
apply in the case of a conflict of interest;and
•Allow City employees to rent property from the city with City Manager approval,
if it is for the city’s benefit and related to the employee’s performance of their
job?
-3-
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Item 2.
______Yes/For
______No/Against
Introduced, considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
ityCI r
Effective Date:April 25,2025
Approving Attorney:Carrie Daggett
at
Mayor Pro em
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Item 2.
ORDINANCE NO.067,2025
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 CHARTER
AMENDMENT AMENDING THE CITY CHARTER TO
MODERNIZE AND UPDATE IT BY REFORMAfl1NG AND
UPDATING LANGUAGE USAGE FOR EASE OF READING AND
CLARITY AND ELIMINATING INAPPLICABLE AND INVALID
PROVISIONS
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City.The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time,Charter provisions may become obsolete,contradictory,or
warrant change to address current needs or trends.
C.Article IV,Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado.Colorado Revised Statutes Section 31-
2-210 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.
D.On February 27,2024,the City Council adopted Resolution 2024-024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis,there is a need to modernize and update the City Charter,which has not
been done in over 25 years.
E.City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F.City staff presented various options, including the possible groupings of
amendments,to City Council at work sessions held on May 14 and December 10,
2024.and January 28,2025.
G.At its May 14,2024,work session,the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments;update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
H.At its January 28,2025,work session, the Council provided positive
feedback to staff in support of considering an ordinance that forwards a Charter
—1—
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Item 2.
amendment to modernize and update the formatting and non-substantive wording in
entire Charter.
I.At its January 28,2025,work session,the Council provided positive
feedback to staff in support of considering a Charter amendment to eliminate Charter
language that is made unnecessary due to changes in law or circumstances.
J.Numerous other Charter amendments will be presented to City voters in the
municipal election to take place on November 4,2025.These modernizing changes are
not intended to undo any substantive Charter amendments approved by the voters at the
Tuesday,November 4,2025,municipal election.
K.The proposed amendments to Section 3 of Article IV of the City Charter
delete the reference to a City department head appointed prior to March 6,1985,because
there is no City employee this residence requirement applies to.
L.The proposed amendments to Section 6 of Article V of the City Charter
remove unnecessary language about the highest allowable tax rate because the highest
rate is now set by state law.
M.The proposed deletion of Article XIV regarding transitional provisions
eliminates Charter language that applied only on an interim basis after prior Charter
revisions.
N.If there are multiple Charter amendments approved for the November 2025
ballot,the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
0.The Council finds that these proposed revisions to the City Charter,
modernizing and updating the City Charter form and language,for ease of reading and
clarity,and deleting outdated or invalid provisions in Articles VI,V and XIV, are for the
benefit of the people of Fort Collins,and the Council desires to present the amendments
to the City Charter, set forth below to the voters for approval at the November 4,2025,
municipal election.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the proposed changes to modernize and update the formatting
and language of the Charter of the City of Fort Collins shall be submitted to the registered
electors of the City as a Proposed Charter Amendment at the municipal election to be
held on Tuesday,November 5,2025.The changes are included in the version of the
Charter attached as Exhibit A to this ordinance and incorporated herein by reference,
which include (but are not limited to)the following changes to Articles IV,V,and XIV:
-2-
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Item 2.
ARTICLE IV.GENERAL PROVISIONS
Section 3.Residency requirement.
Directors of a city service area or a group of city service areas,deputy city managers,
and assistant city managers shall reside within the Fort Collins Urban Growth Area during
their tenure in office,but need not reside within the Fort Collins Urban Growth Area prior
to their appointment.City department heads may live outside the Urban Growth Area
during their tenure in office, but only if their places of residence are within five miles of the
city limits,as measured by a straight line connecting the parcel of property upon which
the residence is situated to the nearest boundary line of the city.City department hoads
appointed prior to March 6,1985,shall not bo subject to this rocidoncy roguiromont.
ARTICLE V.FINANCE ADMINISTRATION
Section 6.Maximum mill lpvv
Tho mill levy shall not exceed fifteen (15)mills on each dollar of assessod valuation of
taxablo property within the city for all purposes.My mill levy in excess of the fiftoon (15)
mills aforesaid shall be absolutely void as to the excess and it shall be unlawful for the
Assessor to oxtond and for tho Troacuror to colloct an~such excess.
ARTICLE XIV.TRANS~ONAL PROViSIONS
Section 1.Purpose and status of this article.
Tho purpose of this Article is to provide an ordorly transition from the Commission form
of govomment of tho city to the Council Manager form of government under provisions of
this Charter and to prevent the impairmont of any contractual relationships botwoon the
city and tho beneficiaries of any retirement plans of tho city in effect on tho offective date
of this Chartor or the owners of any municipal bonds of the city then outstanding.This
Article shall constitute a part of tho Charter only to the extent and for the time required to
accomplish that purpoco.
Section 2.Transitional period.
The period from the effective date of this Charter to April 12,1955,shall be known as the
transitional poriod.During the transitional period the former Charter of the City shall
remain in effect,except that for the purpose of nominating and olecting members of the
Council, or filling vacancies thoroon,Article VIII of this Charter shall be immediately
operative.This Charter shall be fully operative at the close of the transitional period.
Section 3.Rotiremont plans.
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Page 55
Item 2.
This Charter shall not affoct any contractual relationships existing on the effective dato of
this Chartor betwoon tho city and any officers or omployooc by roason of any rotirement
plane thon in effoct.
SeGtion 4.Outstanding and authorizod bonds.
The provisions of this Charter shall not affoct municipal bonds outstanding on the offoctivo
date of this Chartor.Failure to observe reguiromonts of the former Charter,as amendod,
govoming city elections shall not invalidate any bonds authorizod at any oloction held
prior to tho offoctive date of this Chartor.Bonds authorized at an election hold prior to tho
effective dato of this Chartor may be issuod in accordance with the provisions of this
Charter and when so issued shall bo the lawful and binding obligations of tho city in
accordance with their import.
Section 5.Saving clause.
This Charter shall not affoct any suit pending in any court on tho offoctivo dato of its
adoption.Nothing in this Chartor shall invalidate any existing contracts betweon the city
and individuals,corporations, or public agoncios.
Section 2.That the following ballot title and submission clause are hereby adopted
for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO._
Shall the Charter of the City of Fort Collins be amended to modernize and
update it by reformatting and updating language usage for ease of reading and
clarity,and eliminating inapplicable and invalid provisions,without undoing any
substantive Charter amendments approved by the voters at the Tuesday,
November 4,2025,municipal election,by:
•Changing the words “shall”to “will,” “must” or “may,”or other words to improve
clarity;and
•Making the language more inclusive by taking out words “he”and “she”and
related word forms;and
•Dividing sections into subsections and adding titles to subsections to make them
easier to read and understand;and
• Eliminating transitional provisions that
o Address residency requirements for City department heads
appointed prior to March 6,1985 (Section 3 of Article IV);and
o Set a mill levy cap on Council’s adoption of taxes (Section 6 of Article
lv),which Council must now adopt only with voter approval;and
o Provide for transition from the prior Charter when the Charter was
adopted (Article XIV);and
Renumbering and updating section cross-references throughout the Charter’?
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Item 2.
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ity CH
Effective Date:April 25,2025
Approving Attorney:Carrie Daggett
_______Yes/For
______No/Against
AHEST:
em
-t
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Item 2.
EXHIBIT A TO ORDINANCE NO.067, 2025
FORT COLLINS CHARTER
PREAMBLE
We,the people of Fort Collins,Colorado,under the authority of the Constitution of the State of Colorado,do
ordain,establish and adopt this Charter for our municipal government.
ARTICLE I.FORM OF GOVERNMENT,POWERS,SEAL
Section 1.Name,boundaries.
The citizens of Fort Collins,in the County of Larimer,State of Colorado,within the boundaries of the municipal
corporation as now established and heretofore existing under the name of Fort Collins,or as hereafter established
in the manner provided bylaw,shall will continue to constitute a body corporate and politic in perpetual
succession,under the name of the City of Fort Collins,as a home-rule municipal corporation under Article XX of the
Constitution of the State of Colorado.The official seal for the city shall ill consist of the word “SEAL”surrounded
by the words “City of Fort Collins,Colorado.’
Section 2.Form of government.
(a)Form. The municipal government provided by this Charter chall bc known a~the “Council Manager
government.”
(b)Powers.Pursuant to its provisions and subject only to the limitations and exceptions imposed by the state
Constitution and by this Charter,all powers of the city shall ill be vested in an elective Council,hereinafter
referred to as “the Council.”All powers of the City of Fort Collins shall il be exercised in the manner prescribed
by this Charter or,if the manner be not therein prescribed,then in such manner as may be prescribed by
ordinance.
Section 3.Succession to rights and liabilities.
The municipal corporation,the City of Fort Collins,shall-will continue to own,possess and hold all the real and
personal property heretofore owned,possessed,or held by the city,and-shall-II continue to manage and dispose
of all trusts in connection therewith and succeed to all the rights,benefits,and liabilities of the city.
Section 4.Powers of city.
The city shall have has all the powers granted to municipal corporations and to cities by the Constitution and
general laws of this state,together with all the Implied powers necessary to carry into execution all the powers
granted.The enumeration of particular powers by this Charter shall w II not be deemed to be exclusive,and in
addition to the powers enumerated or implied,or appropriate to the exercise of such powers,it Is intended that
the city shall wi I have and may exercise all powers of local self-government which,under the Constitution of this
state,it would be competent for this Charter specifically to enumerate.
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ARTICLE II.CITY COUNCIL
Section 1.Membership;terms.
(a)Composition of CounciL The Council shall w consist of seven (7)members, Including a Mayor and Mayor Pro
Tern,elected as provided in this Article.
(b)Method of election.The Mayor shall will be nominated and elected from the city at large.The remaining six
(6)members shall w I be nominated and elected by Districts.The election of District Councilmembers shall
will alternate between the election of representatives for Council Districts 1,3 and Sand the election of
representatives for Council Districts 2,4 and 6.
(c)Council district boundaries.The city II be divided into six (6)contiguous,reasonably compact districts,
each of which shall consist of contiguous,undivided general election precincts and,to the extent
reasonably possible,an equal number of Inhabitants.The districts shall w I be numbered consecutively in a
clockwise fashion beginning with the northeast district,which shall will be District 1.The Council shall w II
establish by ordinance the process for adjusting district boundaries and giving notice of any proposed
boundary changes, and the manner of protesting such proposed changes.
(d)Terms.Except as otherwise provided in Section 18 of this Article and Article IX,the term of office of the
Mayor shall wi be two (2)years, and the term of office of all other members of the Council shall be four
(4)years each;provided,however,that all such officers shall-will serve until their successors have been
elected and have taken office.The terms of the Mayor and other members of the Council shall-begin
when they take the oath of office,which shall II occur as the first order of business at a special Council
meeting on the second Tuesday of January next after the election,or,if appointed,the first regular or special
Council meeting following their appointment.
Section 2.Qualifications of candidates and members;challenges.
(a)An individual shall be is eligible to be a candidate for the office of Councilmember if at the time of the
election he or she is they are a citizen of the United States;is at least twenty-one (21)years of age;hash v
been for one (1)year immediately preceding such election an elector of the city;and,in the case of a District
Councilmember,has have continuously resided in the District from which ho or she is they are to be elected
since the date of accepting any nomination for election under Article VIII,Section 3,of this Charter.
(b)No person prohibited by the Colorado constitution from serving in public office in Colorado shall be Is eligible
to be a candidate for,or hold,the office of Councilmember.
(c)No person ~halI be i eligible to stand for election to more than one (1)elective office at any single municipal
election.During a term of office,no member of the Council shall ay be an employee of the city or hold any
other elective public office.No person shall may be elected or appointed to any city office,position or
employment for which the compensation was increased or fixed by the Council while such person was a
member thereof until after expiration of one (1)year from the date when such person ceased to be a
member of the Council.
(d)Any registered elector may file with the City Clerk a written protest challenging the qualifications of any
member of the Council.Any such protest shallwl be resolved by the City Clerk as expeditiously as possible
but no more than forty-five (45)days from the date of filing of the protest pursuant to a procedure
established by the Council by ordinance.In order to resolve such protests,the City Clerk shall have ha the
power to subpoena witnesses,administer oaths,and require the production of evidence.No protest
shall be filed prior to the date of appointment or the date of issuance of the certificate of election of a
Councilmember,whichever is applicable,nor shall-rn y any such protest,other than a protest based upon
the fact of a felony conviction,be filed more than fifteen (15)days after said date.
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(e)The fact that a Councilmember may be determined to have lacked any qualification for the office of
Councilmember during all or any portion of hic or hcr term of office shall not affect the validity of
any action taken by the Council during such Counclimember’s term of office.
Section 3.Compensation of members.
(a)Applicable income statistica area For the purpose of this Section, Area Median Income shall-will mean Area
Median Income for a single-person household for the Fort Collins/Loveland Metropolitan Statistical Area,as
determined and adjusted annually by the U.S.Department of Housing and Urban Development.
(b)Compensation Commencing in 2023,compensation for members of the City Council shall w be paid
biweekly and adjusted annually as follows:
(1)For the Mayor:seventy-five percent (75%)of Area Median Income.
(2)For the Mayor Pro Tem:sixty percent (60%)of Area Median Income.
(3)For all other Councilmembers:fifty percent (50%)of Area Median Income.
(c)Benefits.Although members of City Council are generally not considered City employees,compensation for
service on City Council shall ill include the option to participate in the City organizations healthcare-related
benefits,on the same terms those benefits are available to City employees.
Section 4.Organization.
(a)Mayoral duties.The Mayor ill preside at meetings of the Council and ill 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-must execute and authenticate legal instruments requiring the signature of the Mayor.The Mayor
shall will also perform such other duties as may be provided by ordinance which are not inconsistent with the
provisions of this Charter.
(b)Mayor Pro Tern At the special meeting at which newly-elected officers take their oath of office as described In
Section 1(d)of this Article,the Council shall-w 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 1 become Mayor as provided in Section 18(b)below.
(c)Mayor Pro Tern vacancy.If a vacancy occurs in the position of Mayor Pro Tem,whether through resignation or
otherwise,the Council shallw 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 5.Powers.
All powers of the city and the determination of all matters of policy shall will be vested In the Council except as
otherwise provided by this Charter.Without limitation of the foregoing,the Council shall II have power to:
(a)appoint and remove the City Manager;
(b)establish,change,consolidate or abolish administrative offices,service areas or agencies by ordinance,upon
report and recommendation of the City Manager,so long as the administrative functions and public services
established by this Charter are not abolished in any such reorganization.The city shall provide for all
essential administrative functions and public services,including,but not limited to the following:
(1)fire suppression and prevention;
(2)police services;
(3)finance and recordkeeplng;
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(4)electric utility services;
(5)water supply and wastewater services;
(6)street maintenance;
(7)storm drainage;
(8)planning and zoning.
(c)adopt the budget of the city;
(d)authorize the issuance of bonds by ordinance as provided by this Charter;
(e)inquire into and investigate any office,service area,or agency of the city and the official acts of any officer or
employee thereof,and to compel by subpoena attendance and testimony of witnesses and production of
books and documents;
(f)adopt plats;
(g)adopt and modify the official map of the city;
(h)provide for independent audits of all funds and accounts of the city.
Section 6.Ordinances,resolutions,motions.
(a)Council action.The Council shall m tact by ordinance,resolution,or motion.The ayes and nays shall will be
recorded on the passage of all ordinances,resolutions,and motions.Every Councilmember present shall m st
vote;if a member fails to vote when present,he or she shall will be recorded as voting in the affirmative.
(b Or inance require .All legislative enactments and every ad creating,altering,or abolishing any agency or
office, fixing compensation,making an appropriation,authorizing the borrowing of money, levying a tax,
establishing any rule or regulation for the violation of which a penalty is imposed,or placing any burden upon or
limiting the use of private property,-shall u be by ordinance,which shall m t not be so altered or amended on
the final passage as to change the original purpose.
(c)Single subject.All ordinances,except the annual appropriation ordinance and any ordinance making a general
codification of ordinances,shall must be confined to one (1)subject which shall m st be clearly expressed in the
title.
(d)Introduction and passage of ordinances All ordinances shall-mu t be formally introduced at a regular or special
Council meeting in written or printed form by any member of the Council and considered on first reading and
action taken thereon.No ordinance,except an emergency ordinance,y be finally passed on the first
reading or at the meeting at which it is first introduced.An emergency ordinance may be formally introduced at a
special Council mee~ng and action taken thereon,including final passage at such special meeting.Reading of an
ordinance shall must consist only of reading the title thereof,provided that copies of the full ordinance proposed
shall have been available in the office of the City Clerk at least forty-eight (48)hours prior to the time such
ordinance is introduced for each member of the City Council,and for inspection and copying by the general public.
Final passage of all ordinances except emergency ordinances shall must be at a regular Council meeting and
provided further that any member of the City Council may request that an ordinance be read in full at any reading
of the same,in which case such ordinance shall must be read in full at such reading.
(e)Emergency ordinance .An emergency ordinance may be forma ly introduced at a special Counc I meeting a d
a tion taken thereon,including final passage at such special mee g.Emergency ordinances shall require for
passage the affirmative vote of at least five (5)members of the Council and shall must contain a specific statement
of the nature of the emergency.No ordinance granting any franchise or special privilege which involves a benefit
to any private person or entity shall may ever be passed as an emergency ordinance.
(f)Ordinance enacting clause. The enacting clause of all ordinances passed by the Council shall must be as follows:
“Be it ordained by the Council of the City of Fort Collins.”
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Section 7.Ordinances,publication and effective date.
(a)Publica n Every proposed ordinance,except an emergency ordinance,shall t be published in full at least
seven (7)days before its final passage on the city’s official internet web site.In addition,each such ordinance shall
must be published In a newspaper of general circulation in the city by number and title only,together with a
statement that the full text is available for public inspection and acquisition in the office of the City Clerk and on
the city’s internet web site.
(b)Notices.Both publications shall t contain a notice of the date when said proposed ordinance will be
presented for final passage.The City Clerk shell m st,within seven (7) days after final passage of any such
ordinance,publish such ordinance in the same method as is required for the first publication.
(c)Effective date.All ordinances,except emergency ordinances,shall w take effect on the tenth day following
their passage.An emergency ordinance shall w take effect upon passage and shall-ill be published as provided
above within seven (7)days thereof.
(d)Form.Standard codes and codifications of ordinances of the city may be published by title and reference in
whole or in part.Ordinances shall st be signed by the Mayor,attested by the City Clerk and published without
further certification.
(e)Public hearings.The Council may enact any ordinance which adopts any code by reference in whole or in part
provided that before adoption of such ordinance the Council shall t hold a public hearing thereon and notice of
the hearing shall-m st be published twice in the newspaper of general circulation,published in the city,one (1)of
such publications to be at least eight (8)days preceding the hearing and the other at least fifteen (15)days
preceding the hearing.Such notice shall-rn state the time and place of the hearing and shall-ni also state that
copies of the code to be adopted are on file with the City Clerk and open to public inspection.The notice shall
also contain a description which the Council deems sufficient to give notice to persons interested as to the subject
matter of such code and the name and address of the agency by which it has been promulgated.The ordinance
adopting any such code shell must set forth in full any penalty clause in connection with such code.
Section 8.Disposition of ordinances.
A true copy of every ordinance, when adopted,shall will be numbered and recorded in a book marked “Ordinance
Record,’and adoption and publication shall must be authenticated by the signatures of the Mayor and the City
Clerk,and by the certificate of the publisher,respectively.The ordinances as adopted by the vote of the qualified
electors of the city shall will be separately numbered and recorded.
Section 9.Ordinance codification.
The Council shall must cause the permanent ordinances to be codified.Such codification may be of the entire body
of permanent ordinances or of the ordinances on some particular subject and may be re-enacted by the Council or
authenticated in such other manner as may be designated by ordinance.No codification ordinance shell w be
invalid on the grounds that it deals with more than one (1)subject.The first codification shall-will be completed
within five (5)years of the effective date of this Charter and subsequent codifications shall must be made
thereafter as deemed necessary by the Council,and all permanent ordinances adopted thereafter shall be
codified at least once a year.
Section 10.Proof of charter and ordinances.
This Charter and any ordinance passed by the Council may be proved by a copy thereof certified to by the City
Clerk under the seal of the city and,when printed in a book or pamphlet form purporting to be authorized by the
city,the same shall may be received as prima facie evidence by courts without further proof.
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SectIon 11.Meetings,quorum,executive session.
The Council shall wi hold regular meetings at such time and place as it may prescribe by ordinance and shall will
prescribe the manner in which special meetings may be called.Notice of any special meeting shall mu t be given to
all Councilmembers no less than one (1)day prior to such meeting.All meetings shell be open to the public.A
majority of the members of Council shall-ill constitute a quorum sufficient to transact business.A smaller number
can adjourn a meeting to a later date and time,and in the absence of all members,the City Clerk may adjourn any
meeting for not longer than one (1)week.In the event of an emergency,natural disaster,or unforeseen
circumstance that renders the holding of a meeting undesirable or Impracticable,the City Manager may,with
agreement of the Mayor,cancel a City Council meeting,and shall ill make a reasonable attempt to notify the
public and the other members of Council of such cancellation before the scheduled time of the meeting.No other
action, except to adjourn,may be taken by the Council in the absence of a quorum,unless the absence of a
quorum is due to the filing of conflict of interest disclosure statements by all absent members,in which event at
least three (3)remaining members may transact business.By majority vote of those present and voting, the
Council may approve any action of the Council except the passage of emergency ordinances and the approval of
executive sessions.By two-thirds (2/3)vote of those present and voting,the Council may go into executive session,
which shall-II be closed to the public.Executive sessions may only be held to:
(1)discuss personnel matters; or
(2)consult with attorneys representing the city regarding specific legal questions involving litigation or
potential litigation and/or the manner in which particular policies,practices or regulations of the city
may be affected by existing or proposed provisions of federal,state or local law;or
(3)consider water and real property acquisitions and sales by the city;or
(4)consider electric utility matters if such matters pertain to Issues of competition in the electric utility
industry.
Section 12.City Clerk
With the approval of the Council,the City Manager shall-I appoint a City Clerk who shall will act as Clerk of the
Council and who while so employed shall-m st be a resident of the Fort Collins Urban Growth Area.The City Clerk
shallwill
(1)give notice of Council meetings;
(2)keep a journal of Council proceedings;
(3)authentIcate by hi:or hcr h signature and permanently record in full all ordinances and resolutions;
and
(4)perform other duties required by this Charter or by the City Manager.
Section 13.Council not to interfere with administrative service.
Except for purposes of inquiry,the Council and Its members shall deal with the administrative service of the
city solely through the City Manager,and neither the Council nor any member shall may give orders to any
subordinates of the City Manager either publicly or privately.
Section 14.Licenses,permits.
The Council may provide for licenses and permits,and fees therefor,for regulatory purposes.The Council
provide an administrative procedure for the hearing and determination of appeals relating to issuance,suspension
or revocation of such licenses and permits.The Council itself may hear and decide appeals.
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Section 15.Surety bonds.
The Council shall mu t require the City Manager,the Financial Officer,and other employees transacting financial
business of the city to furnish bonds with such surety and In such amounts as the Council may determine.
Section 16.Contracts with other governmental bodies.
The Council may,by ordinance or resolution,enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services,or enter into cooperative or joint activities with other
governmental bodies.
(Ord.No.18,1973,2-15-73,approved,election 4-3-73)
Section 17.Independent annual audit.
The Council shall mu t 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)months after the end of each fiscal year.
Section 18.Vacancies.
(a)Vacan e A vacancy exists when a Councilmember:
(1)dies,resigns,or moves from the city or the District from which elected or appointed;
(2)assumes another elective office;
(3)fails to attend all regular and special meetings of the Council for sixty (60)consecutive days unless
excused by Council resolution;
(4)is judicially declared mentally incompetent;
(5)is convicted of a felony that disqualifies the Councilmember from serving in public office in Colorado
under the Colorado Constitution, or is declared by the City Clerk,more than sixty (60)days after the
date of issuance of the certificate of election of such Councilmember,to have previously been
convicted of a disqualifying felony pursuant to a written protest filed under Section 2 of this article;or
(6)in the case of an appointed member of the Council,is declared by the City Clerk to lack any
qualification for the office of Councilmember.
(b)Filling Councilmember distnct office vacancy.
(1)Except for the office of Mayor,any vacancy on the Council shall t be filled within forty-five (45)days by
appointment of the Council.The person so appointed-shall-will serve until the next regular election,when the
electors will select a person to fill the vacancy for the remainder of the term,if any.
(2)This selection process shall bc is subject to the following exception:If the time for filling the vacancy by
appointment would fall within forty-five (45)days prior to any regular election,and the remaining unexpired term
of the Councilmember to be replaced is more than two (2)years,then the vacancy shall be filled by the newly
constituted Council following their election,within forty-five (45)days after their terms of office begin.
Under this exception,the term of office of the Councilmember appointed shall run for the remainder of the
replaced Councilmember’s term.Any person appointed to fill a Councilmember’s vacated position shall-u have
all the qualifications required of regularly elected Councilmembers.In the case of a vacancy representing a
member elected from a District,any person appointed or elected to fill such vacancy shall u be from the same
District,as such District is constituted at the time of the appointment or election.
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(bc)Filling an office of the Mayor vacancy
The following shall will apply to filling vacancies in the office of Mayor:
(1)If the position of Mayor becomes vacant more than forty-five (45)days prior to the next regular
election,the Mayor Pro Tem shall will become Acting Mayor,and the Council shall must elect a new
Mayor Pro Tem.Both the Acting Mayor and Mayor Pro Tern shall-w serve until the next regular
election,at which time the office of Mayor shall-wil be filled by the electors for a new term,and the
Acting Mayor and Mayor Pro Tem shall will resume their duties as Councilmembers for the remainder
of their unexpired terms of office,If any.The vacancy on the Council created by the Mayor Pro Tem
assuming the office of Mayor shall-must be filled In accordance with the provisions of Section 18(a)
above.
(2)If the position of Mayor becomes vacant within the forty-five (45)days prior to any regular election,
the duties of the Mayor shall must be Immediately assumed by the Mayor Pro Tem,who shall w serve
as Acting Mayor until said regular election,at which time the office of Mayor shall m st be filled by the
electors for a new term.Pending the election and the commencement of the term of the newly elected
Mayor,the Council shall will consist of six (6)members,and the Council ust elect an interim
Mayor Pro Tem.After the election, the Acting Mayor and Interim Mayor Pro Tern shall w II resume
their duties as Councilmembers for the remainder of their unexpired terms of office,if any.
(3)Nothing herein shall precludes the Mayor Pro Tem or any Councilmember from standing for election
to the office of Mayor.
ARTICLE III.CITY MANAGER
Section 1.Appointment,qualifications.
(!)Sppointment of City Manager.The Council II appoint and fix the compensation of a City Manager,who
shall~ffl be the chief executive officer and head of the administrative branch of the city government.
~b)QuaI~flcat;ons. The City Manager shell wi I be appointed on the basis of his or hcr the executive and
administrative qualifications,with special reference to actual experience In and knowledge of accepted practice in
respect to the duties of the office.
(c)Residency.Prior to appointment, the City Manager need not be a resident of the city,but during hi:or hcr their
tenure in office the City Manager shalimust reside within the city.
(d)Limitation on appointment.No member of Council shall may be appointed City Manager during the term for
which ha or sha ha~they have been elected nor within one (1)year after the expiration of such term.
Section 2.Powers,duties.
The City Manager shall will be responsible to the Council for the proper administration of all affairs of the city and
to that end shall-wi I have power and be required to:
(a)appoint and,when necessary for the good of the service,remove all heads of service areas and employees of
the city except as otherwise provided by this Charter;
(b)prepare the budget annually and submit it to the Council and be responsible for Its administration after
adoption;
(c)participate in discussions of the Council in an advisory capacity;
(d)prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and
administrative activities of the city for the preceding year,and make written or oral reports to the Council
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when required by it as to any particular matter relating to the affairs of the city within his or her
supervision;
(e)keep the Council advised of the financial condition and the future needs of the city,and make
recommendations to the Council;
(f)enforce the laws and ordinances of the city;
(g)perform such other duties as may be prescribed by this Charter or required of the City Manager by the
Council not inconsistent with this Charter.
Section 3.Absence of City Manager.
To perform his or her their duties during temporary absence or disability,the City Manager may designate a
qualified employee of the city by letter filed with the City Clerk.If the City Manager fails to make such designation,
the Council may by resolution appoint a qualified employee of the city to perform the duties of the City Manager
until he or she they return returns or his or her the disability ceases.
Section 4.Removal of City Manager.
The Council shall-will appoint the City Manager for an indefinite term and may remove a City Manager by majority
vote of the Councilmembers.If a City Manager is removed by this method,at least thirty (30)days before such
removal takes effect,the Council shall must by majority vote of its members adopt a resolution stating the reasons
for the removal, which resolution may also provide for interim suspension. Upon such removal or suspension by
this method the Council shall must cause to be paid to the City Manager any unpaid balance of his or her th
salary for the current month and the salary for the next calendar month.
ARTICLE IV.GENERAL PROVISIONS
Section 1.Appointive boards.
~a)Estabhshing boards The Council may,by ordinance,establish appointive boards and commissions.The
ordinance establishing such boards and commissions shall m
(1)prescribe the powers,duties,and operating procedures of the board and commission;
(2)establish the terms of office of the board or commission members,including initial overlapping terms;
(3)establish the amount of compensation,if any,to be paid to the board or commission members;and
(4)state whether the board or commission shall have alternate members authorized to vote when
serving in the absence of regular members.
(b)Vacancies.All board and commission members shall will be subject to removal by the Council with or without
cause.Any vacancy during the unexpired term of any member shall be filled by the Council for the
remainder of the term.
(c)Organiza ion.Each board and commission shall 1 choose its own officers from among Its members.The
Council may change any or all of the powers,duties and procedures of any board or commission and may
abolish any board or commission which is not required by this Charter or law.
Section 2.Administrative branch.
The administrative branch of the city government shall-will be composed of the offices,service areas and agencies
established by ordinance upon report and recommendation of the City Manager.Administrative functions and
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duties may be assigned and distributed among offices, service areas or departments thereof,or agencies of the
administrative branch by regulations Issued by the City Manager.The City Manager shall have power,
whenever the interest of the city requires,to assign any employee of one (1)service area to perform duties in
another service area.
Section 3.Residency requirement.
Directors of a city service area or a group of city service areas,deputy city managers,and assistant city managers
shall must reside within the Fort Collins Urban Growth Area during their tenure in office,but need not reside
within the Fort Collins Urban Growth Area prior to their appointment.City department heads may live outside the
Urban Growth Area during their tenure in office, but only If their places of residence are within five miles of the
city limits,as measured by a straight line connecting the parcel of property upon which the residence is situated to
the nearest boundary line of the city.City department heads appointed prior to March 6,1985,shall e not be
subject to this residency requirement.
Section 4.Oath of office.
Before entering upon the duties of the office,each member of Council,the City Manager,the City Attorney,the
City Clerk,the Judge of the Municipal Court,and each director of a service area shall st take,subscribe before,
and file with the City Clerk an oath or affirmation that he or chc they will support the Constitution of the United
States,the Constitution of the State of Colorado,this Charter,and the ordinances of the City of Fort Collins,and
that ho or cho h y will faithfully perform the duties of the office or position.The City Clerk shall mus take and
subscribe the oath before a notary public.
Section 5.Records to be public.
All city records shall will be available for public inspection, subject only to reasonable restrictions.Upon payment
of a reasonable fee,a copy or a certified copy of any city record shall I be furnished by the custodian thereof.A
certified copy of any city record shall ill be prima facie evidence of its contents.
Section 6.Ordinances remain in force.
All ordinances,resolutions,rules,or regulations in force in Fort Collins,a municipal corporation,at the time this
Charter takes effect shall w continue in full force and effect until superseded,amended,or repealed,except that
those inconsistent with this Charter are hereby repealed.
Section 7.Publication.
Whenever legal notice or other publication is required by this Charter,or by ordinance,rule,or regulation,such
notice shall must be published at least once in a local newspaper of general circulation In the city,which is devoted
to dissemination of news of a general character,unless a different form of notice Is specified in this Charter or in
the ordinance,rule,or regulation requiring the notice.
SectIon 8.Charter amendments.
This Charter may be amended at any time in the manner provided by the laws of the State of Colorado.The
Council may prescribe by ordinance,upon recommendation of the City Clerk,a general form of petition for citizen-
initiated Charter amendments which shall wi I contain warnings and notices to signers as necessary.
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Section 9.Conflicts of interest.
(a)Definitions.For purposes of construction of this Section 9,the following words and phrases shall have the
following meanings:
Business means a corporation,partnership,sole proprietorship,firm,enterprise,franchise,association,
organization,self-employed individual,holding company,joint stock company, receivership,trust,activity or
entity.
Financial interest means any interest equated with money or its equivalent.Financial interest shall d snot
include:
(1)the interest that an officer,employee or relative has as an employee of a business,or as a holder of an
ownership interest in such business,in a decision of any public body,when the decision financially
benefits or otherwise affects such business but entails no foreseeable,measurable financial benefit to
the officer,employee or relative;
(2)the interest that an officer,employee or relative has as a nonsalaried officer or member of a nonprofit
corporation or association or of an educational,religious,charitable,fraternal or civic organization in
the holdings of such corporation,association or organization;
(3)the interest that an officer,employee or relative has as a recipient of public services when such
services are generally provided by the city on the same terms and conditions to all similarly situated
citizens,regardless of whether such recipient Is an officer,employee or relative;
(4)the interest that an officer,employee or relative has as a recipient of a commercially reasonable loan
made in the ordinary course of business by a lending institution,in such lending institution;
(5)the interest that an officer,employee or relative has as a shareholder in a mutual or common
investment fund in the holdings of such fund unless the shareholder actively participates in the
management of such fund;
(6)the interest that an officer,employee or relative has as a policyholder in an insurance company,a
depositor in a duly established savings association or bank,or a similar interest-holder,unless the
discretionary act of such person,as an officer or employee,could immediately,definitely and
measurably affect the value of such policy,deposit or similar interest;
(7)the interest that an officer,employee or relative has as an owner of government-issued securities
unless the discretionary act of such owner,as an officer or employee,could immediately,definitely and
measurably affect the value of such securities;or
(8)the interest that an officer or employee has in the compensation received from the city for personal
services provided to the city as an officer or employee.
Officer or employee means any person holding a position by election,appointment or employment in the service of
the city,whether part-time or full-time,including a member of any authority,board,committee or commission of
the city,other than an authority that is:
(1)established under the provisions of the Colorado Revised Statutes;
(2)governed by state statutory rules of ethical conduct;and
(3)expressly exempted from the provisions of this Article by ordinance of the Council.
Personal interest means any interest (other than a financial interest)by reason of which an officer or employee,or
a relative of such officer or employee,would,in the judgment of a reasonably prudent person, realize or
experience some direct and substantial benefit or detriment different in kind from that experienced by the general
public.Personal interest shall not include:.
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(1)the interest that an officer,employee or relative has as a member of a board,commission,committee,
or authority of another governmental entity or of a nonprofit corporation or association or of an
educational,religious,charitable,fraternal,or civic organization;
(2)the Interest that an officer,employee or relative has in the receipt of public services when such
services are generally provided by the city on the same terms and conditions to all similarly situated
citizens;or
(3)the interest that an officer or employee has in the compensation,benefits,or terms and conditions of
his or her their employment with the city.
Public body means the Council or any authority,board,committee,commission,service area,department or office
of the city.
Relative means the spouse or minor child of the officer or employee,any person claimed by the officer or
employee as a dependent for income tax purposes,or any person residing in and sharing with the officer or
employee the expenses of the household.
(b)Rules of conduct concerning conflicts of interest.
(1)Sales to the city.No officer or employee,or relative of such officer or employee,shall-rn have a
financial interest in the sale to the city of any real or personal property,equipment,material,supplies
or services,except personal services provided to the city as an officer or employee,if:
a.such officer or employee is a member of the Council;
b.such officer or employee exercises,directly or indirectly,any decision-making authority on behalf
of the city concerning such sale;or
c.in the case of services,such officer or employee exercises any supervisory authority in his or her
eir role as a city officer or employee over the services to be rendered to the city.
(2)Purchases from the city.No officer,employee or relative shall ,directly or indirectly,purchase any
real or personal property from the city,except such property as is offered for sale at an established
price,and not by bid or auction,on the same terms and conditions as to all members of the general
public.
(3)Interests in other decisions.Any officer or employee who has,or whose relative has,a financial or
personal interest In any decision of any public body of which he or she is hey r a member or to
which hc or chc they makes recommendations,shall-mu upon discovery thereof,disclose such
interest in the official records of the city in the manner prescribed in subsection (4)hereof,and-shall
must refrain from voting on,attempting to influence,or otherwise participating in such decision in any
manner as an officer or employee.
(4)Disclosure procedure.If any officer or employee has any financial or personal interest requiring
disclosure under subsection (3)of this section,such person shell immediately upon discovery
thereof declare such interest by delivering a written statement to the City Clerk,with copies to the City
Manager and,If applicable,to the chairperson of the public body of which such person is a member,
which statement shall must contain the name of the officer or employee,the office or position held
with the city by such person,and the nature of the interest.If said officer or employee shall-discove
such financial or personal interest during the course of a meeting or in such other circumstance as to
render it practically impossible to deliver such written statement prior to action upon the matter in
question,said officer or employee shall-must immediately declare such interest by giving oral notice to
all present,including a description of the nature of the interest.
(5)Violations.Any contract made in violation of this Section shall bc voidable by the city.If voided
within one (1)year of the date of execution thereof,the party obtaining payment by reason of such
contract shall must,if required by the city,forthwith return to the city all or any designated portion of
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the monies received by such individual from the city by reason of said contract,together with interest
at the lawful maximum rate for interest on judgments.
Section 10.Penalties for violation of Charter.
Any violation of a provision of this Charter shall will be deemed a misdemeanor.Any person convicted of such
violation may be punished by a fine or imprisonment, or by both such fine and imprisonment,the maximum
amount and term of which shall be no less than that established by ordinance for misdemeanor violations of
the city Code.Said maximum penalty shall will be set by the Council by ordinance.Any officer or employee of the
city convicted of such a violation shall will be deprived of hit or hcr their ffi e or employment and shall-w I be
ineligible to any city office or employment for two (2)years thereafter.
Section 11.Construction of words.
Whenever such construction is applicable,words used in this Charter importing singular or plural number may be
construed so that one (1)number includes both ;words importing masculine gander may be construed to apply to
the feminine gender as well;and the word “person”may extend to and include firm and corporation;provided
that these rules of construction shall ill not apply to any part of this Charter containing express provisions
excluding such construction or where the subject matter or context Is contrary thereto.
Section 12.Construction of Charter.
In the event any section or part of a section of this Charter shall be I declared unconstitutional or invalid by a
court of competent jurisdiction, the validity of the remaining sections and parts of sections shall I not be
affected thereby.
Section 13.Outgoing officers.
All officers of the city whose terms of office terminate shall-rn t deliver to their successors all papers,records,and
property of every kind in their possession or custody by virtue of their office,and shall account to them or to
any authority designated by the council,for all funds,credits,or property of any kind with which they are properly
chargeable as such officials.
Section 14.Eminent domain.
In carrying out the powers and duties imposed upon it by this Charter or by the general statutes,the city shall
have power to acquire within or without its corporate limits lands,buildings,and other properties,and any interest
in land and air rights overland,and may take the same upon paying just compensation to the owner as provided
by law.
Section 15.Improvement districts.
A public work or improvement,the costs of which in whole or in part are to be assessed by the city,may be
initiated by the Council on recommendation of the City Manager,or on petition of property owners in such
number and in such form as may be prescribed by ordinance.The Council shall will by ordinance prescribe the
method of making such improvements and the assessments for their cost.
Section 16.Limitation of actions.
No person shall may be prosecuted,tried,or punished in the city’s Municipal Court for any violation of this Charter
unless a summons and complaint or penalty assessment notice for the violation is served on such person within
one (1)year of the commission of the violation.
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ARTICLE V. FINANCE ADMINISTRATION
Pan I Budget and Financial Management
Section 1.Fiscal and accounting year.
The fiscal and accounting year shall I be the same as the calendar year.“Budget term’shall Il mean the fiscal
year(s)for which any budget is adopted and In which it is to be administered.Council shall set by ordinance the
term for which it shall-II adopt budgets in accordance with this Article.
Section 2.Budget estimates.
On or before the first Monday in September preceding each budget term,the City Manager shall must file with the
City Clerk a proposed budget for the ensuing budget term with an explanatory message.The proposed budget shall
mu provide a complete financial plan for each fund of the city and shall u include appropriate financial
statements for each type of fund showing comparative figures for the last completed fiscal year,comparative
figures for the current year,and the City Managers recommendations for the ensuing budget term.
Section 3.Public record,hearing.
(a)Public record.The City Manager’s proposed budget shall be a public record and open to the public for
inspection and copy.
(b)Budget hear ng The Council shall mus ,within ten (10)days after the filing of said proposed budget with the
City Clerk,set a time certain for public hearing thereon and cause notice of such public hearing to be given by
publication.At the hearing,all persons may appear and comment on any or all items and estimates in the
proposed budget.Upon completion of the public hearing the Council may revise the budget estimates.
Section 4.Adoption of budget and appropriation of funds.
(a)Adoption of budget.After said public hearing and before the last day of November preceding the budget term,
the Council shall must adopt the budget for the ensuing term.The adoption of the budget shall must be by
ordinance.
(b)Appropriation.Before the last day of November of each fiscal year,the Council shall must appropriate such
sums of money as it deems necessary to defray all expenditures of the city during the ensuing fiscal year.The
appropriation of funds shall must be accomplished by passage of the annual appropriation ordinance.
(c)Itemization.Such appropriation of funds shall must be based upon the budget as approved by the Council but
need not be itemized further than by fund with the exception of capital projects and federal or state grants which
shall must be summarized by individual project or grant.
Section 5.Levy.
The annual appropriation ordinance shall must also include the levy in mills,as fixed by the Council,upon each
dollar of the assessed valuation of all taxable property within the city,such levy representing the amount of taxes
for city purposes necessary to provide,during the ensuing fiscal year,for all properly authorized expenditures to
be incurred by the city,including interest and principal of general obligation bonds.The Council shall m
thereupon cause the total levy to be certified by the City Clerk to the county consistent with applicable state
statutes, which shall will extend the same upon the tax list of the current year in a separate column entitled “City
of Fort Collins Taxes,”and shall-mu t include said city taxes in hi6 or her th ir general warrant to the County
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Treasurer for collection.If the Council fails in any year to make said tax levy as above provided,then the rate last
fixed shall be the levy fixed for the ensuing fiscal year and the Financial Officer shall t so certify.
Section 6.Maximum mill levy.
The mill levy shall m not exceed fifteen (15)mills on each dollar of assessed valuation of taxable property within
the city for all purposes.Any mill levy in excess of the fifteen (15)mills aforesaid shall must be absolutely void as to
the excess and it shall-will be unlawful for the Assessor to extend and for the Treasurer to collect any such excess.
Section 7.Effect of appropriation and levy.
After the commencement of the fiscal year,the annual appropriation ordinance and levy shall wi be irrepealable
and the several amounts stated in the adopted budget and annual appropriation ordinance as proposed
expenditures for such fiscal year chall bc dccmcd will be appropriated for the specified purposes thcrcin cpcciflcd.
Section 8.Appropriations not to exceed revenue;appropriation required for expenditures
and obligations.
(a)Rev n .No appropriation shall a be made by the Council which exceeds the revenues, reserves or other
funds anticipated or available at the time of the appropriation,except for emergency expenses incurred by
reason of a casualty,accident or unforeseen contingency arising after the passage of the annual
appropriation ordinance.
(b)~ppjppriat on requirem .It chall bc unlawful for any service area,officer or agent of the city to Incur or
contract any expense or liability or make any expenditure for or on behalf of the city unless an appropriation
therefor chall have has been made by the Council.Any authorization of an expenditure or incurring of an
obligation by any officer or employee of the city in violation of this provision shall be null and void from
its inception.
(c)Powers Nothing herein shall-will apply or limit the authority conferred by this Article in relation to bonded
indebtedness,or to the collection of moneys by special assessments for local improvements;nor shall lit
be construed to prevent the making of any contract or lease providing for expenditures beyond the end of
the fiscal year in which it is made,so long as such contract or lease is made subject to an appropriation of
funds sufficient to meet the requirements of Section 8(b)above.
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 d 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 10.Transfer of appropriations.
(a)Transfers. During the fiscal year,the City Manager may transfer any unexpended and unencumbered
appropriated amount within the same fund.
(b)Capital project accoun .During the fiscal year,the Council may,by ordinance, upon the recommendation of
the City Manager,transfer any unexpended and unencumbered appropriated amount or portion thereof
from one (1)fund or capital project account to another fund or capital project account,provided that:
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(1)the purpose for which the transferred funds are to be expended remains unchanged;
(2)the purpose for which the funds were initially appropriated no longer exists;or
(3)the proposed transfer is from a fund or capital project account in which the amount appropriated
exceeds the amount needed to accomplish the purpose specified In the appropriation ordinance.
Section 11.Lapsed appropriations.
All appropriations unexpended or unencumbered at the end of the fiscal year shall II lapse to the applicable
general or special fund,except the Council may designate in an ordinance appropriating funds for capital projects
and for federal,state and private grants and donations that such funds shall will not lapse 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.
Nothing herein shall wi I limits the ability of the Council to terminate a capital project or a federal,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.
Section 12.Deposit of public funds.
The cash balance of the city shall t be deposited or invested in a manner approved by the Council by ordinance
or resolution.
Section 13.Collection of taxes.
(a)Manner of collection Unless the Council otherwise provides by ordinance or resolution, the County Treasurer
shall will collect city taxes in the same manner and at the same time as general taxes are collected under the laws
of the State of Colorado.In like manner,the Council may provide for collection of special improvement
assessments by said Treasurer.
(b)Applicable law.All laws of this state for the assessment of property and the levy and collection of general taxes,
sale of property for taxes and the redemption of the same shall w I apply and have the same effect with respect to
all taxes for the city as general taxes,except as modified by this Charter.
(c)Reporting On or before the tenth day of each month or as frequently as the Council may prescribe by
ordinance,the County Treasurer shall will report and pay to the Financial Officer the amount of tax collections of
the city for the preceding month.The estimated costs of tax collections and losses shall m t be included in the
budget.
Section 14.Audit and payments.
No demand for money against the city shall may be approved, allowed,audited,or paid unless it is in writing,
dated and sufficiently itemized to identify the expenditure,and payment thereof approved by the Financial Officer
and the person or service area creating the obligation.
Section 15.Prohibited Aappropriations forbidden.
NeaAppropriations chall bc madc for any charitable,industrial,educational,or benevolent purposes to any
person,corporation,or organization not under the absolute control of the city,nor to any denominational or
sectarian institution or association ar prohibited.
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Section 16.City not to pledge credit.
The city shall-rn not lend or pledge its credit or faith,directly or indirectly,or in any manner to or in aid of any
private person or entity for any amount or any purpose whatever,or become responsible for any debt,contract,or
liability thereof.
Pan II Municipal Borrowing
Section 18.Forms of borrowing.
The city may borrow money and issue the following securities to evidence such indebtedness:
(1)short-term notes.
(2)general obligation securities.
(3)revenue securities.
(4)refunding securities.
(5)special assessment securities.
(6)tax increment securities.
(7)any other securities not In contravention of this Charter.
Section 19.1.Short-term notes.
The city is hereby authorized to borrow money,by Council action and without an election,in anticipation of the
collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.Any such
short-term notes payable in whole or part from ad valorem taxes shall m be issued after the annual levy of taxes
and be payable in full within twelve (12)months from their date,except as otherwise specifically provided in
this Charter.
Section 19.2.General obligation securities.
Except as otherwise provided in this Pan II of Article V of this Charter,no securities payable in whole or in part
from the proceeds of ad valorem taxes of the city shall may be issued until the question of their issuance has,at a
special or regular election,been submitted to a vote of the electors of the city and approved by a majority of those
voting on the question.The aggregate amount of such securities as are described in this Section,excluding
securities which have been refunded and defeased,shall-rn t not exceed ten (10)percent of the assessed
valuation of the taxable property within the city as shown by the last assessment for city purposes. Securities
issued for water purposes may be issued by Council action without an election and shall not be included in the
determination of such debt limitation.
Section 19.3.Revenue securities.
(a)Secuntie The city,by Council action and without an election,may issue securities made payable solely from
revenues derived from the operation of the project or capital improvement acquired with the securities’proceeds,
or from other projects or improvements, or from the proceeds of any sales tax,use tax or other excise tax,or
solely from any source or sources or any combination thereof other than ad valorem taxes of the city.
(b)Council powers The Council may,by ordinance,establish any one or more of the city’s water, wastewater,
storm drainage or electrical utilities as an enterprise of the city.The Council may also,by ordinance,authorize any
such city-owned enterprise,acting by and through the Council,sitting as the board of the enterprise,to issue its
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own revenue bonds or other obligations (including refunding securities)on behalf of the city,which revenue bonds
or other obligations shall-w I be payable solely from the net revenues (including special assessments)derived from
the operation of the enterprise.Such revenue bonds or other obligations may be additionally secured by
mortgages on or security interests In any real or personal property of the city used in the operation of the
enterprise.Such revenue bonds or other obligations shall mu be issued by ordinance of the board of the
enterprise, adopted In the same manner and subject to referendum to the same extent as ordinances of the
Council.
(c)Members.The Council shall ma not appoint any persons other than its own members to serve on the board of
the enterprise or delegate to any other person or entity the powers reserved to the board of the enterprise
hereunder.Neither shall-rn the Council authorize the board of the enterprise to acquire,construct or install or
hold title to or dispose of any city-owned property used In the operation of the enterprise,to impose or adjust
rates, fees,tolls or charges for the use of any such property or for any service or commodity furnished by the
enterprise,to levy special assessments or to exercise any power reserved to the Council or other city officials by
this Charter or otherwise (other than the power to Issue revenue bonds and other obligations).
Section 19.4.Refunding securities.
The Council may authorize without an election issuance of refunding securities for the purpose of refunding and
providing for the payment of outstanding securities or other obligations of the city as the same mature,or in
advance of maturity by means of an escrow or otherwise.The ordinance authorizing the issuance of such
refunding securities may provide that the interest rate or principal amount of the refunding securities be higher or
lower than that of the securities being refunded, provided that In the case of general obligation securities the total
principal and interest payable on the refunding securities does not exceed that of the securities being refunded.
No refunding securities (other than water refunding securities and tax increment refunding securities)issued for
the purpose of refunding revenue securities shall-rn be issued without an election If such refunding securities are
made payable In whole or part from ad valorem taxes of the city.
Section 19.5.SpecIal assessment securities.
(a)Securities for any special or local Improvement district,secured as provided in this Section,shall ill not be
subject to any debt limitation nor affect the city’s debt incurring power,nor shall I such securities be
required to be authorized at any election.
(b)The city may Include property owned by it within any special or local improvement district and provide for
the assessment of such property as it would any other property located within the special or local
improvement district.The city may without an election elect to pay any such assessment in installments,and
any such assessment,regardless of the source of payment thereof,shall will not be included within the
limitation contained in Section 19.2 of Article V of this Charter.
(c)When all outstanding securities for a special or local improvement district have been fully paid and money
remains to the credit of the district,it may be transferred to a surplus and deficiency fund.Whenever there
is a deficiency in any special or local improvement district fund to meet the payment of outstanding
securities and interest due thereon,the deficiency may be paid out of the surplus and deficiency fund.
(d)Whenever three-fourths (%)of the securities issued for a special or local improvement district have been
paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the final
securities for the district the city shall u pay if so provided in the ordinance authorizing issuance of the
bonds,the securities when due and levy additional ad valorem taxes necessary therefor and reimburse itself
by collecting the unpaid assessments due the district.
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Section 19.6.Terms and disposal of securities.
The terms and maximum interest rate of all securities shall mu t be fixed by the ordinance authorizing the
borrowing and providing for its payment and all securities shall be sold or exchanged as determined by the
Council. If bonds are publicly sold,Council action awarding the sale of securities,and thereby establishing the
interest rates and price paid for the securities,may be by resolution.
Section 19.7.Umitation of actions.
No action or proceeding,at law or in equity,to review any elections,acts or proceedings,or to question the
validity of or enjoin the issuance or payment of any securities issued in accordance with their terms,or the levy or
collection of any assessments,or for any other relief against any acts or proceedings of the city done or had under
this Part II of Article V of this Charter,shall be maintained against the city,unless commenced within thirty
(30)days after the election or performance of the act or the effective date of the resolution or ordinance
complained of,or else be thereafter perpetually barred.
Section 19.8.Tax increment securities.
The city,by Council action and without an election,may issue tax increment securities payable from ad valorem
tax revenues derived from the increased valuation for assessment of taxable property within a plan of
development or other similar area as defined by applicable state statutes.Such securities shall st be issued in
accordance with such statutes or any ordinance adopted by the Council not inconsistent with this Charter. Any
securities issued pursuant to this Section shall-will not be included in the determination of the debt limitation
contained in Section 19.2 of Article V of this Charter.
Section 20.No additional limitations.
Section 6 of Part I of Article V of this Charter shaliw have no application to the payment of securities issued
hereunder.Except as provided by this Part II of Article V of this Charter.there shall be no limitations on the
authority of the city to incur indebtedness or to issue securities.
Pan III.FinancialAdministration Unit
Section 21.Financial officer.
The City Manager shall appoint a Financial Officer who chall have a special knowledge of municipal
accounting,taxation,budget making,and finance.Such Officer ill be the ex-officio City Treasurer and head
the administrative unit assigned the financial affairs of the city.
Section 22.Powers and duties.
The Financial Officer shall will have charge of the financial records and general and special funds of the city,and
shall must collect,receive,and disburse all money belonging to the city,and shall will have all other duties
required to administer properly the financial affairs of the city;to that end the Financial Officer have
authority and 5hall be is required to:
(a)maintain a general accounting system for the city government and each of its offices,service areas,and
agencies;exercise budgetary control over the same in accordance with the budget and annual appropriation
ordinance;prescribe the form of receipts,requisitions,warrants,and other evidence of income and
disbursements;audit before payment all bills,invoices,payrolls,and other claims and charges against the
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city government;and with the advice of the City Attorney,determine the regularity,legality,and correctness
of such claims,demands,or charges:
(b)advise the City Manager of the budget requirements of the Financial Administration Unit and furnish
estimates and information concerning other service areas,agencies,and boards as requested by the City
Manager;
(c)advise service areas of remaining allotments;
(d)disburse funds in a manner which will assure that budget appropriations are not exceeded and that
payments are not illegally made;
(e)collect and hold all city funds;invest funds as directed by the Council by resolution or ordinance:be
responsible for all trust funds;
(f)serve as custodian of all bonds,documents,and other evidences of indebtedness owned by the city or under
its control;
(g)issue all licenses and collect the fees therefor;collect or receive funds of every description belonging to,due
to,or accruing to the city,including fines,forfeitures,penalties,taxes,water rentals, sewer fees,and electric
revenues;
(h)submit to the Council through the City Manager periodic statements of all accounts and funds,sufficiently
itemized in detail to show the exact financial condition of the city at a frequency established by the Council;
(i)examine and approve all purchase contracts, orders,and other documents by which the city incurs financial
obligations,having previously ascertained that moneys have been appropriated and allotted and will be
available when the obligations become due and payable;
(J)advise the CIty Manager of any financial irregularity in any service area.
Section 23.Separate utilities accounts.
(a)Utility accounts.The accounts of each utility owned and operated by the city shall must be maintained in a
separate fund and kept separate and distinct from all other accounts of the city.Each utility fund shall must be
accounted for utilizing the basis of accounting appropriate for an enterprise fund,and shall must contain a
reasonable allowance for depreciation and obsolescence.
(b)fiyj~payment required.All expenses incurred by service areas in rendering services to any utility owned and
operated by the city shall must be fully paid by such utility on a “cost of service”basis as determined by the City
Manager.Each utility shall must be fully paid for all services rendered by such utility to other city service areas.
(c)Estimates.If the utility is subject to a payment to the general fund in lieu of taxes and franchise fees,an
estimate shall mu t be made of the amount of taxes and franchise fees that would be chargeable against such
utility if privately owned,and the amount of such payment,as determined by the Council under Article XII,Section
6 of this Charter,shall must be charged against the utility fund.
Section 24.Responsibility for funds.
All money belonging to the city and in the custody of city employees shall be paid daily to the Financial
Officer.
Section 25.Creation of funds.
The Financial Officer may create such funds as he or chc they deems appropriate to carry out the provisions of this
Part III.The funds of the city shall must include a general fund which shall ill be used to account for all financial
resources of the city except those required to be accounted for in another fund.
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Pan IV Purchasing
Section 26.Powers and duties.
The City Manager or designee shall appoint a Purchasing Agent who shall will contract for all supplies,
materials,and equipment required or used by all service areas and agencies of the city,including businesses and
enterprises operated by the city.
Section 27.Competitive bidding.
Before the Purchasing Agent makes any purchase of or contract for supplies,materials,or equipment,he or the
shall they must give ample opportunity for competitive bidding under such rules and regulations,and with such
exceptions as the Council may prescribe by ordinance.
Section 28.Emergency purchases.
In case of emergency affecting the public peace,health,or safety,the Council may waive all provisions for
competitive bidding and direct the Purchasing Agent to purchase necessary supplies in the open market at not
more than commercial prices.
Section 29.Contracts for improvements.
All city improvements constructed by an independent contractor shall-u be executed pursuant to a written
contract.Any such improvement,the cost of which exceeds an amount to be determined by ordinance of the
Council,shall must be insured by a performance bond or other equivalent security and submitted to a competitive
bidding process resulting in award to the lowest responsible bidder or a competitive proposal process;provided,
however,that the Council may,by ordinance,authorize the Purchasing Agent to exempt improvements from the
competitive bidding and competitive proposal processes.
In the event thot If Council authorizes the city,rather than an independent contractor,to proceed with the
construction of an improvement,the services of the city shall be charged as a part of the cost of the
improvement.
Section 30.Contracts for service.
The Council shall will establish by ordinance a maximum term for contracts for service which may be executed by
the city without Council approval.No contract for service for a longer term shall y be made by the city,unless
authorized by ordinance,which ordinance shall a not be passed as an emergency ordinance.
Section 31.Contracts effective only when bond funds available.
No contract for the acquisition of property or the construction of improvements or other expenditures which is to
be financed by bonds or other obligations shall be effective until the proceeds of the bonds or obligations
have been received by the city.
Improvements to be paid for by special assessments shall I be excepted from the provisions of this Section.
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ARTICLE VI.CITY ATIORNEY
Section 1.Appointment.
The Council shall m t appoint and fix the compensation of a City Attorney.The City Attorney shall be
licensed to practice law in the State of Colorado during his or her tenure in office,but need not be so licensed
prior to appointment.The City Attorney shall I serve at the pleasure of the Council.
Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall w perform
duties as assigned by the City Attorney,including attending Council meetings in the place of the City Attorney.
Section 2.Functions.
The City Attorney shall will be the legal adviser of the Council and all employees of the city in matters relating to
their official powers and duties.Mc or chc shall They will represent the city in all legal proceedings,draw all
ordinances,and prepare all other legal documents,attend all Council meetings and perform all services incident to
the position as may be required by this Charter,ordinances,or the Council.
Section 3.Special counsel.
The Council may,upon the request of the City Attorney in special cases,employ special counsel if deemed
necessary and advisable under the circumstances.
ARTICLE VII. MUNICIPAL COURT
Section 1.Municipal court.
(a)Appointment ofjudges There shall will be a Municipal Court vested with original jurisdiction of all causes
arising under the City’s Charter and ordinances.The Council shall appoint the judge or judges of Municipal
Court for two (2)year terms.Council shall will designate a Chief Judge to carry out related duties as adopted by the
Council by ordinance,and shall will fix the compensation of the Municipal Judges.
(b)Compen ation.Such compensation shall may in no manner be contingent upon the amount of fees,fines or
costs imposed or collected.
Licensure Each Municipal Judge shall must be licensed to practice law in the State of Colorado during his or her
their tenure in office,but need not be so licensed prior to appointment.
(d)Temporaiyjudg s As Council determines necessary,the Council may designate one (1)or more reputable and
qualified attorneys to serve as temporary judge.
(e)Remova The Council may remove a Municipal Judge for cause.
(f) Rules,costs and fees Rules of procedure,costs and fees shall II be enacted by the Council upon
recommendation of the Chief Municipal Judge.
Section 2.Penalty for violation.
The Council shall will provide for enforcement of its ordinances.The maximum penalty for a violation of the
ordinances of the city shall will be set by the Council by ordinance.
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ARTICLE VIII.ELECTIONS
Section 1.Applicability of state constitution.
The Council will provide by ordinance for the manner of holding city elections.All ordinances regarding elections
must be consistent with the provisions of this Charter and the state Constitution.For any matter regarding
elections not covered by the state Constitution,this Charter or ordinance of the Council will be governed by the
laws of the State of Colorado relating to municipal elections,or coordinated municipal elections,as applicable.
Section 2.City elections.
(a)General provisions.A regular city election will be held on the first Tuesday in November of every odd-numbered
year.All other municipal elections will be known as special city elections and will be called by ordinance and must
be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto.All
municipal elections must be nonpartisan.
(b)Transiti na terms.In order to implement a change of regular city elections from April of each odd-numbered
year to November of each odd-numbered year,the term of the Mayor and each Councilmember will be extended
to such time as a successor elected in November of the appropriate odd-numbered year (consistent with Article II,
Section 1(b))takes office,unless otherwise ended due to an event of vacancy or recall.Such change in term length
will have no effect on the number of terms any such officer may be elected under the applicable term limits.
Section 3.Nomination;withdrawal from nomination.
(a)Nominat on Any person who is qualified at the time of nomination for the office to be filled may be nominated
for the elective office by petition.A nominating petition for the office of Mayor must be signed by not less than
twenty-five (25)registered electors.A nominating petition for District Council office must be signed by not less
than twenty-five (25)registered electors residing in that District.A registered elector may sign one (1)petition for
each office for which the elector is entitled to vote at the election.If an elector should sign more petitions than
entitled,said elector’s signature will be void as to all petitions which the elector signed.
(b)et t,on requfrements.Nominating petitions must be filed with the City Clerk.The Council will enact an
ordinance specifying the time frame for circulation and submittal of nominating petitions and the deadline for
withdrawal from candidacy for municipal office.Such time frame must not be changed within one hundred eighty
(180)days immediately prior to the election.No nominating petition may be accepted unless the candidate
completes a verified acceptance of the nomination certifying that they are not a candidate,directly or indirectly,of
any political party,and that they meet the qualifications for office and will serve if elected.
(c)Withdrawal.A person who has been nominated may withdraw from candidacy by filing a written request to do
so with the City Clerk before the deadline established by Council ordinance for such withdrawal,and no name so
withdrawn may be placed upon the ballot.
Section 4.Petitions.
(a)Form;circulation.The Council will prescribe by ordinance, upon recommendation of the City Clerk,the form
for a nominating petition which must include such warnings and notices to signers as may be deemed
appropriate by the Council,as well as the candidate’s verified acceptance of nomination.The signatures on a
nominating petition need not all be subscribed on one (1)page,but to each separate section of the petition
there will be attached a signed statement of the circulator thereof,stating the number of signers on that
section of the petition,and that each signature thereon was made in the circulator’s presence and is the
genuine signature of the person whose name it purports to be.When executed,such statement must be
accepted as true until it may be proved false.If any portion is proved false,that portion of any petition must
be disregarded. Following each signature on the petition of nomination must be written the printed name
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and the residence address of the signer,and the date of signing.All nominating papers comprising a petition
must be filed as one (1)instrument.
(b)Sufficiency of petition.Upon receipt of a nominating petition,the City Clerk will forthwith examine the
petition,and within five (5)business days after the filing of the petition,notify the candidate in writing of the
results of the examination,specifying the particulars of insufficiency,if any.Within the regular time for filing
petitions,an insufficient petition may be amended and filed again as a new petition,In which case the time
of the first filing will be disregarded in determining the validity of signatures thereon, or a different petition
may be filed for the same candidate.The petition for each candidate elected to office must be preserved by
the City Clerk until the expiration of the terms of office for such person.
(c)~g~pen atbn proh hit d No person may receive any compensation whatever for signing a nominating
petition.
(d)Ob ections The City adopts the applicable requirements and procedures outlined in the Colorado Municipal
Election Code of 1965,as amended,for objections to officer nominations.
Section 5.Board of Elections for City-administered elections.
There is hereby created a Board of Elections consisting of the City Clerk,the lead election expert in the City Clerks
Office,as determined by the City Clerk,and Chief Judge.The Board will be responsible for any election duties
specified in this Charter and for such additional duties related to the conduct of elections by the City as may be
established by the Council by ordinance.
(Ord.No.201,1986,§1,Part H,12-16-86,approved,election 3-3-87;Ord.No.202, 1986,§1,Part V,12-16-86,
approved,election 3-3-87;Ord.No.11,1997,§1,2-4-97,approved,election 4-8-97;Ord.No.022,2007,§1,2-20-
07,approved,election 4-3-07,Ord.No.015,2021,§2,1 19 21,approved,election 4 6-21,Ord.No.081,2022,§2,
7-5-22,approved,election 11-8-22;Ord.No.094,2024,§1,7-16-24,approved,election 11-5-24)
Section 6.Appearance of names on ballot.
Every ballot must contain the names of all duly nominated candidates for offices to be voted for at that election,
except those who have died or withdrawn.The names will be arranged In alphabetical order of surname for each
office,and may not contain any title or degree designating the business or profession of the candidate.The
candidate’s name may be a nickname,but may not include any punctuation marks setting out the nickname.
Section 7.CertIfication of election results.
(a)Certification of election No later than the date specified by Council by ordinance and,after verifying the total
number of legal votes cast for each candidate and measure voted upon,the Board of Elections must
complete a certificate declaring the results of the election.The candidate receiving the highest number of
votes for a particular office,as determined pursuant to this Section 7,will be declared elected to that office.
In event of a tie,the selection will be made by the Board of Elections by lot after notice to the candidates
affected.
(b)Contests The City adopts the applicable requirements and procedures outlined in the Colorado Municipal
Election Code of 1965,as amended,for contests to officers declared duly elected.
(c)Disqualification.In case the candidate elected is disqualified by court order after the date of issuance of the
certificate of election,tabulation of results in that contest shall mus be rerun with the disqualified candidate
being eliminated prior to any tabulation and the candidate with the resulting highest vote shall m t be
elected.If there is no other elected successor who qualifies or if the vote tabulation can no longer be rerun,
the office will be deemed vacant,and will be filled by appointment by the remaining members of the council,
as provided in Article II,Section 18.In the event of a mandatory recount or recount by request In a City-
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administered election,the Board of Elections must complete an amended certificate declaring the results of
the election by no later than five (5)business days after the completion of the recount.
(bd)Coordinated elections.For coordinated city elections (which are not administered by the City),the election
will be determined and certified,and any tie vote or recount will be administered,as provided in the
applicable state law.The candidate receiving the highest number of votes for a particular office,as
determined pursuant to Section 7(c),will be declared elected to that office.
(Ge)Ranked votng methods.Beginning in 2025,the candidate receiving the highest number of votes for a
particular office will be determined using a ranked voting method.
(1)For a City-administered election,the ranked voting method will be in accordance with specifications
adopted by the City Council by ordinance.
(2)For a coordinated election,the ranked voting method will be in accordance with,and as provided by,
applicable state law.
Section 8.Campaign contributions.
(a)Contributions limits.The Council will act by ordinance 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.
(b)Prohibited contributions 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 may contribute or expend any money or other valuable thing,directly or
indirectly,to assist in the election or defeat of any candidate.
Section 9.Corrupt practices.
Any person who violates at a city election any state law,provision of this Charter or ordinance of the city will,upon
conviction thereof,be disqualified from holding any city position or employment for two (2)years,or any elective
city office for four (4)years.
Section 10.Validity of City-administered elections.
No City-administered election may be invalidated if it has been conducted fairly and in substantial conformity with
the requirements of this Charter.
Section U.Computation of time.
(a)Calendar days unless specified.Except when business days are specified,all computations of time made
under the provisions of this article will be based on calendar days.
(b)Included days.Except when computing business days,Saturdays,Sundays,City holidays and days City Hall is
closed for business for a full or partial day due to inclement weather or other emergency circumstances will
be included,but,if the time for any act to be done or the last day of any period is a Saturday,Sunday,City
holiday or day City Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances,the period is extended to include the next day that is not a Saturday,Sunday,or
City holiday.
(c)Days counted.In computing time for any act to be done before any regular or special election,the first day
will be included,and the last or election day will be excluded.
(d)Business days.If the time for an act to be done under this article is referred to in business days,the time will
be computed by excluding Saturdays,Sundays,City holidays,and any day City Hall is closed for business for a
full or partial day due to inclement weather or other emergency circumstances.
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(e)Specific considerations.If a provision requires doing an act in “not less than’or “no later than”or “at least”a
certain number of days or “prior to”a certain number of days or a certain number of months “before”the
date of an election,or any phrase that suggests a similar meaning,if that period would end on a Saturday,
Sunday or City holiday, it will instead shift to end on the prior business day that is not a Saturday,Sunday,or
City holiday.If the period ends on a day City Hall is closed for business for a full or partial day due to
inclement weather or other emergency circumstances,the period will end on the next business day on which
City Hall is open for business.
(f)Time of day. Except when otherwise specified,an act must be completed by 5:00 p.m.Mountain time on the
last day for that action.
Section 12.Further regulations.
The Council may,by ordinance,make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
ARTICLE IX.RECALL
Section 1.The recall.
(a)Power of reca I.Any elective officer of the city may be recalled from office,through the procedure and in the
manner provided herein,by the registered electors entitled to vote for a successor of such incumbent officer.
The procedure to affect a recall will be as provided in this Article.
(1)For purposes of this Article,in the case of recall of the Mayor,the words “registered elector” will be
construed to mean persons residing within the city who are registered to vote as of the date they
signed the petition for recall.
(2)For purposes of this Article,in the case of a proposed recall of District Council representatives,the
words “registered elector”will be construed to mean persons who are registered to vote within the
particular affected Council District of the city as of the date they signed the petition for recall of the
District Council representative.
(3)No recall petition may be circulated or filed against any officer until the officer has actually held office
for at least one (1)year in the officer’s current term,nor within six (6)months of the end of such term.
(b)Commencement of proceedings;affidavit.One (1)or more registered electors may commence recall
proceedings by filing with the City Clerk an affidavit of not more than two hundred (200)words stating the
reasons for the recall of the officer sought to be removed.A separate affidavit must be filed for each officer
sought to be recalled.
(1)Within two (2)business days after the filing of the affidavit,the City Clerk will mail a copy by certified
mail to the affected officer.The City Clerk will also promptly provide the affidavit to the City Council by
electronic mail.
(2)No later than seven (7)days after the date of the City Clerk’s mailing,the affected officer may file with
the City Clerk a sworn statement of not more than three hundred (300)words in defense of the
charges.
(3)The affidavit and the response are intended for the information of the registered electors,who will be
the sole and exclusive Judges of the sufficiency of the ground or grounds assigned for the recall, and
said ground or grounds will not be open to judicial review.
(4)Within seven (7)days after the date by which any statement in defense must be filed,the petitioner
must submit to the City Clerk a petition for recall of the officer for City Clerk review in accordance with
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Section 2(b)of this Article.The petition must be circulated,signed,verified and filed In the manner
provided in Section 2 of this Article.
(5)If no petition for recall has been submitted to the City Clerk for approval of its form within the time
period specified above,the recall proceedings will be terminated.
Section 2.Petitions.
(a)Separate petitions required.A separate petition must be circulated and filed for each officer sought to be
recalled.
(b)Form and content.
(1)Adoption of form.The Council must prescribe by ordinance,upon recommendation of the City Clerk,a
general form of petition which will contain warnings and notices to signers as necessary and meet the
requirements of this Article.
(2)Approval of form.No petition may be circulated until the City Clerk has approved the form for
circulation.The City Clerk must determine whether to approve the form of petition no later than five
(5)business days after submittal.The City Clerk must first determine that the petition form contains all
matters required under this Article and only the matters required by this Article.
(3)Scope of approval.The City Clerk’s approval under this Section does not constitute an approval of the
content of the petition or its legality,but rather,starts the running of the time periods provided for
circulation and filing of petitions for recall.
(4)Statement of purpose.The petition must contain or have attached to each section throughout Its
circulation a copy of the charges set forth in the affidavit on file with the City Clerk,and if requested by
the person sought to be recalled,a copy of the statement in defense.
(5)Petition representatives.Each petition must designate by name and address three (3)registered
electors who will represent the signers of the petition in all matters affecting the petition.
(6)Signatures. Only registered electors may sign the petitions authorized under this Article.Each signer
must sign their own signature and each signature must be followed by the printed name of the signer,
the street and number address of their residence,and the date of signing.
(7)Petition sections.Each section of the petition must be individually numbered and must contain no less
than thirty (30),and no more than one hundred (100)signature lines.
(c)Circulation of petition.
(1)To be valid,the petition must be circulated and signed in sections with each section consisting of one
(1)or more sheets securely fastened at the top,and each section must contain a full and accurate copy
of the text of the petition and the names and addresses of the designated representatives for the
petition.
(2)All sections must be filed with the City Clerk as one (1)instrument.
(3)Only persons eighteen (18)years of age or older may circulate the petition for signatures.
(4)The circulation of any petition by any medium other than personally by a circulator is prohibited.
(5)No person may receive any compensation whatever for signing a recall petition.
(6)No person may knowingly sign an initiative petition more than once.
(7)In the event that the signature of any person appears more than once on a petition authorized under
this Article,the first signature verified will be counted and all other signatures of that person will be
rejected.
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(d)Affidavit of circulator.For each petition section,the circulator of the petition section must sign under oath
before a notary public the affidavit of circulator attached at the end of the petition section.The affidavit
must state the following:
(1)the circulator’s address of residence;
(2)that the circulator Is eighteen (18)years of age or older;
(3)that they personally circulated the section;
(4)that each signature was affixed in the circulator’s presence on the date stated with such signature;
(5)that to the best of the circulator’s knowledge and belief each signer was at the time of signing a
registered elector of the city;
(6)that to the best of the circulator’s knowledge and belief each signature is the genuine signature of the
person whose name It purports to be;
(7)that each signer had an opportunity before signing to read the full text of the petition;and
(8)that the circulator has not paid or offered to pay any money or other thing of value to any signer for
the purpose of Inducing or causing the signer to affix their signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections will be prima facie evidence that
the signatures thereon are genuine and true.
(e)Number of signatures required.
(1)First recall attempt.The petition must be signed by registered electors equal in number to at least
twenty-five (25)percent of the total of votes cast at the last preceding regular city election for the
office to which the incumbent sought to be recalled was elected.
(2)Subsequent recall attempts.After one (1)recall petition and election,a recall petition filed against the
same officer during the same term for which elected must be signed by registered electors equal in
number to at least fifty (50)percent of the total of first choice votes cast at the last preceding regular
city election for the office to which the incumbent sought to be recalled was elected.
(f)Petition deadlines;submittal
(1)For the recall process to proceed,petitions for recall must be filed with the City Clerk as follows:
a.For a District Council representative,no later than thirty-five (35)days after the City Clerk’s
approval of the form for circulation;
b.For a Mayor,no later than forty-nine (49)days after the City Clerk’s approval of the form for
circulation.
(2)All petition sections must be filed with the City Clerk together at the same time and will collectively
constitute the petition.
(3)A recall petition must be filed with the City Clerk within the requisite time or it will be deemed null and
void.
(g)Examination of petitio
(1)Within fifteen (15)business days of the filing of a petition the City Clerk will ascertain by examination
of the petition and the registration books whether the petition is signed by the requisite number of
registered electors and contains the required particulars and affidavits.
(2)Any petition section the City Clerk reasonably determines has been disassembled,whether or not it has
been reassembled,will be deemed invalid.
(3)Upon submittal of a petition,the Clerk shall may not remove the signature of an elector from the
petition.
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(4)The Clerk will issue publicly and provide to the petition representatives the Clerks initial determination
of petition sufficiency.If the petition is insufficient,the City Clerk will so certify and forthwith notify all
of the designated petition representatives in writing,specifying the particulars of insufficiency.
(h)Prt
(1)Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or Insufficient may file a written protest, under oath,in the office of the City Clerk within
seven (7) days of the City Clerks initial determination as to sufficiency of the petition.The protest must
set forth with particularity the grounds of protest and any signatures and related defects in form
protested.
(2)Upon the filing of a protest,the City Clerk will send a copy of the protest to the designated petition
representatives,the City Council and the City Manager.The City Manager will appoint a hearing officer,
who,in conjunction with the City Clerk,will set a time for hearing such protest,which must be no more
than ten (10)business days after the filing of a protest.
(3)At least five (5)business days prior to the hearing,the City Clerk will send a notice of the date,time and
location for the hearing and a copy of the protest to all of the designated petition representatives,the
person(s)who filed the protest,and the City Council.
(4)All protest hearings will be before a hearing officer appointed by the City Manager.The hearing officer
will have the power to issue subpoenas to compel the attendance of witnesses and the production of
documents.
(5)All records and hearings will be public,and all testimony must be under oath.
(6)The hearing will be summary in nature and concluded no later than twenty (20)business days after the
protest was filed.
(7)The hearing officer must decide and certify the results of the hearing no later than five (5)business
days after the hearing is concluded,and no further protest regarding the petition may be filed.
(8)The City Clerk will make any final determination regarding the sufficiency or insufficiency of a petition
and must base such determination on the protest hearing results issued by the hearing officer.
(9)A petition for recall that has been deemed insufficient after protest may not be amended or circulated
further and no further protest regarding the petition may be filed.
(i)c!~lfication and presentation to Council.When and if a petition is deemed sufficient,whether following the
initial sufficiency determination by the City Clerk in the absence of a protest,or following protest
proceedings,the City Clerk will so certify and present the certified petition to the Council at the next
regularly scheduled meeting or special meeting called for this purpose.The City Clerk’s certificate constitutes
the final determination as to the sufficiency of the petition.
Section 3.Action by Council,
(a)Purpose.A recall election will be for the dual purposes of voting on the recall of the officer sought to be
removed and the election of a successor.
(b)Timing Upon the City Clerk’s presentation of a petition certified as sufficient for recall,the Council must set a
date for the election to be held on a Tuesday at the earliest possible election date that allows the City Clerk
sufficient time to meet all legal,logistical and technical requirements applicable to the conduct of an
election.The City Clerk will advise the Council of said election date in connection with Council’s call of the
recall election.
(c)Consolidation.If the earliest possible election date determined by the City Clerk is less than seventy-seven
(77)days prior to an upcoming November regular municipal election or November General Election
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conducted by the Larimer County Clerk and Recorder,the recall election must be consolidated with such
other election date.
(d)Termination o e ect on If a recall election must be consolidated with a November regular municipal election
pursuant to subsection (c)or cannot be set until a date after a November regular election,and if the Council
office held by the officer for whom a recall is sought will be on such November ballot,the recall process must
be deemed terminated and the regular election for that Council office will proceed as part of the November
regular municipal election.
(e)Resignation.If the officer subject to a recall petition resigns before ballots for the recall election are mailed
to the voters,the recall process must be deemed terminated and the vacancy must be filled by appointment.
If a vacancy occurs after the ballots for the recall election have been mailed to the voters, the election to fill
the vacancy under Section 4,below, must nevertheless proceed.
Section 4.Recall elections.
(a)Generally Recall elections must be conducted in the same manner as provided generally for regular or
special city elections in this Charter.All Charter provisions related to nomination and qualification of
candidates apply to recall elections.
(b)Nominations on recall Anyone desiring to become a candidate at the recall election must do so by
nominating petition as required in Article VIII of this Charter.The deadline for filing a nominating petition for
a recall election will be as established by ordinance of the Council.If more than one (1)officer Is sought to be
recalled,then the nominating petition must specify which incumbent the candidate seeks to succeed. The
name of the person against whom the recall petition is filed Is barred from appearing on the ballot as a
candidate for the office.
(c)Ballots The official ballot must include,as to every officer whose recall is to be voted on,the statement of
grounds and,if requested by the affected officer,the officer’s statement in defense followed by the words,
“Shall (name of person against whom the recall petition is filed)be recalled from the office of (~)?“
Following such question must appear the words,“Yes”indicating a vote in favor of the recall and “No”
indicating a vote against such recall.On such ballots,under each question,there must also be printed the
names of those persons who have been nominated as candidates to succeed the person sought to be
recalled.
(d)rE ection results. If a majority of those voting on the question of the recall of any incumbent from office votes
“No,”the incumbent continues in office.If a majority votes “Yes”for the incumbent’s removal,the
incumbent will thereupon be deemed removed from their office upon the taking of the oath of office by
their successor.If the officer is recalled,the candidate for succession receiving the highest number of votes
at the election determined in accordance with Article VIII,will be declared elected for the remainder of the
incumbent’s term.
(e)Elected replacement The candidate elected will take office upon taking the oath of office,which must occur
as the first order of business at the next regular or special Council meeting after certification of the election
results.
(f)Disqualif(cation from office.No person who has been recalled or has resigned after the City Clerk’s
presentation to Council of a certified,sufficient petition for recall of such person may serve the city in any
elected or Council-appointed capacity within two (2)years after such removal or resignation.
Section 5.Computation of time,
(a)Calendar days Except when business days are specified,all computations of time made under the provisions
of this article will be based on calendar days.
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(b)Included days Except when computing business days,Saturdays,Sundays,City holidays and days City Hall is
closed for business for a full or partial day due to inclement weather or other emergency circumstances will
be included,but,if the time for any act to be done or the last day of any period is a Saturday,Sunday,City
holiday or day City Hall Is closed for business for a full or partial day due to inclement weather or other
emergency circumstances,the period Is extended to include the next day that Is not a Saturday,Sunday,or
City holiday.
(c)Days counted.In computing time for any act to be done before any regular or special election, the first day
will be included,and the last or election day will be excluded.
(d)Business days.If the time for an act to be done under this article is referred to in business days,the time will
be computed by excluding Saturdays,Sundays,City holidays,and any day City Hall is closed for business for a
full or partial day due to inclement weather or other emergency circumstances.
(e)Specific considerations.If a provision requires doing an act in “not less than”or “no later than”or “at least”a
certain number of days or “prior to”a certain number of days or a certain number of months “before”the
date of an election,or any phrase that suggests a similar meaning,if that period would end on a Saturday,
Sunday or City holiday,it will instead shift to end on the prior business day that is not a Saturday,Sunday,or
City holiday.If the period ends on a day City Hall is closed for business for a full or partial day due to
inclement weather or other emergency circumstances,the period will end on the next business day on which
City Hall is open for business.
(f)Time of day Except when otherwise specified,an act must be completed by 5:00 p.m.Mountain time on the
last day for that action.
Section 6.Further regulations.
The Council may,by ordinance,make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
ARTICLE X,INITIATIVE AND REFERENDUM
Pan I Initiative
Section 1.The initiative.
(a)Power of initiative.The registered electors of the city have the power at their option to propose ordinances
or resolutions to the Council, and,if the Council fails to adopt a measure so proposed,to adopt or reject such
ordinance or resolution at the polls.The procedure for initiative must be as provided in this Article.
(b)~Commen ement of proceedings;notce.One (1)or more registered electors may commence initiative
proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition.The
notice commencing proceedings must contain the full text of the proposed ordinance or resolution and state
whether a special election is requested.
Section 2.Petitions.
(a)Separate.pet;tions_reque.A separate petition must be circulated and filed for each measure sought to be
initiated.
(b)Form and content.
(1)Adoption of form.The Council will prescribe by ordinance,upon recommendation of the City Clerk,a
general form of petition which will contain warnings and notices to signers as necessary.
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(2)Petition content.
a.The petition must be addressed to Council.
b.An initiative petition must contain a general statement of purpose prepared by the City Clerk in
consultation with the City Attorney to fairly and accurately summarize the proposed ordinance or
resolution,without argument or prejudice,and Indicating that the petition is to be circulated in
support of the initiated ordinance or resolution and specifying whether a special election is
requested.
c.The petition must designate by name and address three (3)registered electors who will
represent the signers of the petition in all matters affecting the petition.
d.The petition must contain a full and accurate copy of the text of the initiative.
e.Each section of the petition must be individually numbered and contain no less than thirty (30),
and no more than one hundred (100)signature lines.
f.For each petition section,the circulator of the petition section must sign under oath before a
notary public the affidavit of circulator attached at the end of the petition section.The affidavit
must state the following:
(i)the circulator’s address of residence;
(ii)that the circulator is eighteen (18)years of age or older;
(iii)that they personally circulated the section;
(lv)that each signature was affixed In the circulator’s presence on the date stated with such
signature;
(v)that to the best of the circulator’s knowledge and belief each signer was at the time of
signing a registered elector of the city;
(vi)that to the best of the circulator’s knowledge and belief each signature is the genuine
signature of the person whose name It purports to be;
(vii)that each signer had an opportunity before signing to read the full text of the petition;and
(viii)that the circulator has not paid or offered to pay any money or other thing of value to any
signer for the purpose of Inducing or causing the signer to affix their signature to the
petition.
(3)Approval of form for circulation.
a.No petition may be circulated until the City Clerk has approved the form for circulation.
b. In considering whether to approve the form of a petition, the City Clerk will evaluate whether the
petition form contains all matters required under this Article and only the matters required by
this Article.
c.The City Clerk’s approval under this Section does not constitute an approval of the content of the
petition or its legality,but rather,starts the running of the time periods provided for circulation
and filing of petitions.
Circulation of petition.
(1)To be valid,the petition must be circulated and signed In sections with each section consisting of one
(1)or more sheets securely fastened at the top,and containing all required elements as described in
Section 2(b)(2)of this Article.
(2)Only persons eighteen (18)years of age or older may circulate the petition for signatures.
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(3)The circulation of any petition by any medium other than personally by a circulator is prohibited.No
person may receive any compensation whatever for signing an initiative petition.
(4)Only registered electors may sign the petitions authorized under this Article.
(5)Each signer must sign their own signature and each signature must be followed by the printed name of
the signer,the street and number address of their residence,and the date of signing.
(6)No person may knowingly sign an initiative petition more than once.
(7)In the event that the signature of any person appears more than once on a petition authorized under
this Article,the first signature verified will be counted and all other signatures of that person will be
rejected.
(d)Number of signatures required.
(1)The petition must be signed by registered electors of the city equal in number to at least ten (10)
percent of the total ballots cast in the last regular city election.
(2)If a special election is requested by the petitioners,the petition must be signed by registered electors
equal in number to at least fifteen (15)percent of the total ballots cast in the last regular city election.
(e)Petition deadline and submittal.
(1)To be valid,the initiative petition must be filed no more than sixty-three (63)days after the City Clerk’s
approval of the form for circulation.
(2)To be valid,all petition sections must be filed with the City Clerk together at the same time and those
sections submitted together will collectively constitute the petition.
(3)Any petition section the City Clerk reasonably determines has been disassembled,whether or not it has
been reassembled,will be deemed invalid.
(4)Upon submittal of a petition,the Clerk must not remove the signature of an elector from the petition.
(5)An initiative petition must be filed with the City Clerk within the requisite time or it will be deemed null
and void.
(f)Examination of petition,protest;presentation.
(1)Within fifteen (15)business days of the filing of a petition the City Clerk will ascertain by examination
of the petition and the registration books whether the petition is signed by the requisite number of
registered electors and contains the required particulars and affidavits.
(2)Any petition section the City Clerk reasonably determines has been disassembled,whether or not it has
been reassembled,will be deemed invalid.
(3)Upon submittal of a petition, the Clerk must not remove the signature of an elector from the petition.
(4)The Clerk will issue publicly and provide to the petition representatives the Clerk’s initial determination
of petition sufficiency.If the petition is insufficient,the City Clerk will so certify and forthwith notify all
of the designated petition representatives in writing,specifying the particulars of insufficiency.
(5)Protests.
a.Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest under oath,in the office of the City Clerk
within seven (7) days of the City Clerk’s initial determination as to petition sufficiency.The
protest must set forth with particularity the grounds of protest and any signatures and related
defects in form protested.
b.Upon the filing of a protest,the City Clerk will send a copy of the protest to the designated
petition representatives, the City Council and the City Manager.The City Manager will appoint a
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hearing officer,who,in conjunction with the City Clerk,will set a time for hearing such protest,
which must be no more than ten (10)business days after the filing of a protest.
c.At least five (5)business days prior to the hearing,the City Clerk will send a notice of the date,
time and location for the hearing and a copy of the protest to all of the designated petition
representatives,the person(s)who filed the protest,and the City Council.
d.All protest hearings will be before a hearing officer appointed by the City Manager.The hearing
officer will have the power to issue subpoenas to compel the attendance of witnesses and the
production of documents.
e.All records and hearings will be public,and all testimony must be under oath.
f.The hearing will be summary in nature and concluded no later than twenty (20)business days
after the protest was filed.
g.The hearing officer must decide and certify the results of the hearing no later than ten (10)
business days after the hearing is concluded,and no further protest regarding the petition may
be filed.
h.The City Clerk will make any final determination regarding the sufficiency or insufficiency of a
petition and must base such determination on the protest hearing results issued by the hearing
officer.
(6)Certification and presentation to Council.When and if a petition is deemed sufficient,whether
following the sufficiency determination by the City Clerk in the absence of a protest or following
protest proceedings,the City Clerk must so certify and then present the certified petition to the Council
at the next regularly scheduled meeting or special meeting called for this purpose.The City Clerk’s
certificate will be the final determination as to the sufficiency of the petition.
Section 3.Action by Council.
(a)Action on sufficient initiative.Upon presentation of an initiative petition certified as sufficient by the City
Clerk,the Council must within twenty-five (25)business days either (1)adopt the proposed ordinance or
resolution without alteration,or (2)submit such proposed measure,in the form petitioned for,to the
registered electors of the city as provided In this subsection.
(1)For a proposed measure that requires voter approval in advance under Article X,Section 20 of the
Colorado Constitution,the Council must submit the measure to a vote of the registered electors.If the
initiative petition proposing such a measure requests a special election,the proposed measure must be
submitted to a vote of the registered electors on the first possible date permitted by Article X,Section
20 of the Colorado Constitution.If a special election is not requested,the proposed measure must be
submitted to a vote of the registered electors at the next regular city election or at the Council’s
option,may be submitted to a vote at an earlier special election that meets the constitutional
requirements.
(2)For a proposed measure that does not require voter approval in advance under Article X,Section 20 of
the Colorado Constitution,if not adopted by the Council under alternative (1)above,the Council must
submit the measure to a vote of the registered electors at no later than the next regular or special city
election scheduled for any other purpose for which election process requirements can be met.
Alternatively,the Council may opt to call an earlier special election for the specific purpose of
submitting the initiated measure to the voters.
(3)If the initiative petition proposing such measure requests a special election,the Council must submit
the proposed measure to a vote of the registered electors at the next November election for which the
City is able to coordinate an election with the Larimer County Clerk and Recorder,whether a special
election or regular City election.
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(b)Referral of initiated ordinances All ordinances submitted to the Council by initiative petition and adopted by
Council without the vote of the electors are subject to the referendum in the same manner as other
ordinances.
Section 4.Council use of initiative.
The Council may submit any question or proposed ordinance or resolution to the vote of the people at a regular or
special election to be conducted in accordance with the provisions of Article VIII,Section 2 of the Charter.
Section 5.Repeal or amendment of initiated measure.
An initiated measure submitted to the registered electors of the city by the Council,with or without a petition
therefore,and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote.
This provision does not apply to ordinances or resolutions adopted by the City Council and referred to the voters.
Pan II Referendum
Section 6.The referendum.
(a)Power of referendum.The registered electors of the city have the power at their option to approve or reject
at the polls, any ordinance,or portion of ordinance,adopted by the Council,except ordinances making the
annual property tax levy,making the annual appropriation,calling a special election,or ordering
improvements initiated by petition and to be paid for by special assessments.
(b)Commencement of proceethnqs.
(1)One (1)or more registered electors may commence referendum proceedings by filing with the City
Clerk no later than ten (10)days after final passage of the ordinance in question,a notice of protest
against the going into effect of the ordinance.The notice must be brief and need not state any reasons,
but must identify the ordinance or part thereof,or code section it proposes to have repealed.
(2)Within ten (10)days after the filing of the notice,the proponents must present to the City Clerk the
final form for the referendum petition conforming to the requirements of the Article.
Section 7.Petitions.
(a)Separate petitions required.A separate petition will be circulated and filed for each measure sought to be
initiated.
(b)Form and content.
(1)Adoption of form.The Council will prescribe by ordinance,upon recommendation of the City Clerk,a
general form of petition which must contain warnings and notices to signers as necessary.
(2)Petition content.
a.The petition must be addressed to Council.
b.A referendum petition must contain a general statement of purpose prepared by the City Clerk in
consultation with the City Attorney to fairly and accurately summarize the ordinance or part
thereof sought to be referred,without argument or prejudice,and indicating that the petition is
to be circulated in support of the referendum.
c.The petition must designate by name and address three (3)registered electors who will
represent the signers of the petition in all matters affecting the petition.
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d.The petition must contain a full and accurate copy of the of the ordinance sought to referred,
without any exhibits that may be a part of said ordinance,clearly identifying the protested
portions if only a partial repeal is sought.In the case of an ordinance exceeding two (2)pages in
length,a fair and accurate summary of the ordinance, prepared by the City Clerk in consultation
with the City Attorney will replace said ordinance.
e.Each section of the petition must be individually numbered and must contain no less than thirty
(30), and no more than one hundred (100),signature lines.
f.For each petition section,the circulator of the petition section must sign under oath before a
notary public the affidavit of circulator attached at the end of the petition section.The affidavit
must state the following:
(i)the circulator’s address of residence;
(ii)that the circulator is eighteen (18)years of age or older;
(iii)that they personally circulated the section;
(iv)that each signature was affixed in the circulator’s presence on the date stated with such
signature;
(v)that to the best of the circulator’s knowledge and belief each signer was at the time of
signing a registered elector of the city;
(vi)that to the best of the circulator’s knowledge and belief each signature Is the genuine
signature of the person whose name it purports to be;
(vii)that each signer had an opportunity before signing to read the full text of the petition;and
(viii)that the circulator has not paid or offered to pay any money or other thing of value to any
signer for the purpose of inducing or causing the signer to affix their signature to the
petition.
(3)Approval of form for circulation.
a.A petition must not be circulated until the City Clerk has approved the form for circulation.
b.The City Clerk will first determine that the petition form contains all matters required by this
Article and only the matters required by this Article.
c.The City Clerk’s approval under this Section does not constitute an approval of the content of the
petition or its legality,but rather,will start the running of the time periods provided for
circulation and filing of a referendum petition.
(c)Circulation of petition.
(1)The petition may be circulated and signed in sections with each section consisting of one (1)or more
sheets securely fastened at the top,and containing all required elements as described in Section
2(b)(2)of this Article.
(2)Only persons eighteen (1~)years of age or older may circulate the petition for signatures.
(3)The circulation of any petition by any medium other than personally by a circulator is prohibited.No
person may receive any compensation whatever for signing a referendum petition.
(4)Only registered electors may sign the petitions authorized under this Article.
(5)Each signer must sign their own signature and each signature must be followed by the printed name of
the signer,the street and number address of their residence,and the date of signing.
(6)No person may knowingly sign a referendum petition more than once.
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(7)In the event that the signature of any person appears more than once on a petition authorized under
this Article,the first signature verified will be counted and all other signatures of that person will be
rejected.
(d)Number of signatures required.The petition must be signed by registered electors of the city equal in
number to at least ten (10)percent of the total ballots cast in the last regular city election.
(e)Petition deadlines and submittal.
(1)The petition must be filed no more than twenty-one (21)days after the City Clerks approval of the
form for circulation.
(2)All petition sections must be filed with the City Clerk together at the same time and will collectively
constitute the petition.
(3)Any petition section the City Clerk reasonably determines has been disassembled,whether or not it has
been reassembled,will be deemed invalid.
(4)Upon submittal of a petition,the Clerk must not remove the signature of an elector from the petition.
(5)A referendum petition must be filed with the City Clerk within the requisite time or it will be deemed
null and void.
(f)Examination of petition protest;presentation.
(1)Within fifteen (15)business days of the filing of a petition the City Clerk will ascertain by examination
of the petition and the registration books whether the petition is signed by the requisite number of
registered electors and contains the required particulars and affidavits.
(2)Any petition section the City Clerk reasonably determines has been disassembled,whether or not it has
been reassembled,will be deemed invalid.
(3)Upon submittal of a petition,the Clerk must not remove the signature of an elector from the petition.
(4)The Clerk will issue publicly and provide to the petition representatives the Clerk’s initial determination
of petition sufficiency.If the petition is insufficient,the City Clerk will so certify and forthwith notify all
of the designated petition representatives in writing,specifying the particulars of insufficiency.
(5)Protests.
a.Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest,under oath,In the office of the City Clerk
within seven (7) days of the City Clerk’s initial determination as to sufficiency of the petition.The
protest must set forth with particularity the grounds of protest and any signatures and related
defects in form protested.
b.Upon the filing of a protest,the City Clerk will send a copy of the protest to the designated
petition representatives, the City Council and the City Manager.The City Manager will appoint a
hearing officer, who,in conjunction with the City Clerk,will set a time for hearing such protest,
which must be no more than ten (10)business days after the filing of a protest.
c.At least five (5)business days prior to the hearing,the City Clerk will send a notice of the date,
time and location for the hearing and a copy of the protest to all of the designated petition
representatives,the person(s)who filed the protest,and the City Council.
d.All protest hearings will be before a hearing officer appointed by the City Manager.The hearing
officer will have the power to issue subpoenas to compel the attendance of witnesses and the
production of documents.
e.All records and hearings will be public,and all testimony must be under oath.
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f.The hearing will be summary in nature and concluded no later than twenty (20)business days
after the protest was filed.
g.The hearing officer must decide and certify the results of the hearing no later than ten (10)
business days after the hearing is concluded,and no further protest regarding the petition may
be filed.
h.The City Clerk will make any final determination regarding the sufficiency or insufficiency of a
petition and must base such determination on the protest hearing results Issued by the hearing
officer.
(6)CertifIcation and presentation to Council.When and if a petition is deemed sufficient,whether
following the sufficiency determination by the City Clerk in the absence of a protest,or following
protest proceedings,the City Clerk must so certify and then present the certified petition to the Council
at the next regularly scheduled meeting or special meeting called for this purpose.The City Clerk’s
certificate will be the final determination as to the sufficiency of the petition.
Section 8.Action by Council.
(a)Suspension of ordinance.The City Clerk’s certification of a petition as sufficient for referendum automatically
suspends the operation of the ordinance in question,or portion sought to be repealed,pending repeal by
Council or final determination by the electors.
(b)Referral of ordinance. Following receipt of the City Clerk’s certification of a petition as sufficient for
referendum,the Council must either refer the ordinance or portion thereof that is the subject of the petition
to the voters,as set forth below,or reconsider the ordinance at the next regular meeting of the Council,or at
an earlier special meeting of the Council called for this purpose,and adopt an ordinance to repeal the
ordinance in question,or part sought to be repealed,on first reading,with second reading at the next regular
meeting.
(c)Timing of election.If the ordinance,or that part sought to be repealed,is not repealed,the Council must
refer the same to a vote of the registered electors at no later than the next regular or special city election
scheduled for any other purpose for which election process requirements can be met.Alternatively,the
Council may opt to call an earlier special election for the specific purpose of submitting the referred measure
to the voters.
Section 9.Council use of referendum.
The Council may refer any adopted ordinance or resolution,to the vote of the people at a regular or special
election to be conducted in accordance with the provisions of Article VIII of the Charter.
Pan III In General
Section 10.Elections.
(a)Generally. Elections on initiative and referendum measures must be conducted in the same manner as
provided generally for regular or special city elections in this Charter.
(b)Ballot text.Upon ordering an election on any Initiative or referendum measure,the Council must,after
public hearing,adopt by resolution a ballot title and submission clause for each measure.The ballot title
must contain information identifying the measure as a city initiated or referred measure or a citizen initiated
or referred measure.The submission clause must be brief,must not conflict with those selected for any
petition previously filed for the same election,and must unambiguously state the principle of the provision
sought to be considered.The official ballot used when voting upon each proposed or referred measure must
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have printed on it the ballot title and submission clause and contain the words,“Yes/For”and “No/Against”
in response to each measure.
(c)Publication, notice of e ection
(1)Initiative.An initiated measure being considered for adoption by Council must be published as part of
the appropriate Council meeting agenda in like manner as other proposed ordinances and resolutions.
If the initiated measure is submitted to a vote of the people,the City Clerk must publish a notice of
election in conformity with the laws of the State of Colorado relating to municipal elections,together
with the ballot title,submission clause and full text of the proposed ordinance or resolution.The text
of a successful initiative measure need not be published in full after the election.
(2)Referendum.If the referred measure is to be submitted to a vote of the people,the City Clerk must
publish a notice of election in conformity with the laws of the State of Colorado relating to municipal
elections,together with the ballot title,submission clause and full text of the referred ordinance,
specifying the portion to be referred if only a portion of the ordinance has been referred.If the
ordinance in question exceeds two (2)pages in length,the summary from the petition may be
published in place of the full text.The City Clerk will make the full text of a referred ordinance,
together with all exhibits, generally available to the public.The full text of an ordinance passed on
referendum need not be published after the election.
(d)Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the
measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a
majority of the registered electors voting on a referred ordinance,vote in favor of the referred ordinance,or
referred portion of the ordinance,such referred ordinance or portion thereof will go Into effect without
further publication upon certification of the election results,or at such later date as may be set forth in the
ordinance itself.If the provisions of two (2)or more proposed or referred measures adopted or approved at
the same election conflict,the measure receiving the highest affirmative vote will become effective.
(e)Frequency of elections.Any number of proposed ordinances or resolutions or referred ordinances may be
submitted at the same election.
Section 11.Computation of time.
(a)Calendar days unless specified.Except when business days are specified,all computations of time made
under the provisions of this article will be based on calendar days.
(b)Included days.Except when computing business days,Saturdays,Sundays,City holidays and days City Hall is
closed for business for a full or partial day due to inclement weather or other emergency circumstances will
be included, but, if the time for any act to be done or the last day of any period is a Saturday,Sunday,City
holiday or day City Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances,the period is extended to include the next day that is not a Saturday,Sunday,or
City holiday.
(c)Days counted.In computing time for any act to be done before any regular or special election,the first day
will be included,and the last or election day will be excluded.
(d)Business days.If the time for an act to be done under this article is referred to in business days,the time will
be computed by excluding Saturdays,Sundays,City holidays,and any day City Hall is closed for business for a
full or partial day due to inclement weather or other emergency circumstances.
(e)Specific consideration If a provision requires doing an act in “not less than”or “no later than”or “at least”a
certain number of days or “prior to”a certain number of days or a certain number of months “before”the
date of an election,or any phrase that suggests a similar meaning,if that period would end on a Saturday,
Sunday or City holiday,it will instead shift to end on the prior business day that is not a Saturday,Sunday,or
City holiday.If the period ends on a day City Hall is closed for business for a full or partial day due to
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inclement weather or other emergency circumstances,the period will end on the next business day on which
City Hall is open for business.
(f)Time of day Except when otherwise specified,an act must be completed by 5:00 p.m.Mountain time on the
last day for that action.
Section 12.Further regulations.
The Council may,by ordinance,make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
ARTICLE XI.FRANCHISES AND PUBLIC UTILITIES
Section 1.Franchise granted by ordinance.
(a)Franchise requirements The Council may grant a franchise relating to any street alley,or other public place
within the city by ordinance, subject to the initiative and referendum powers reserved to the electors of the city.
No exclusive franchise shall may ever be granted.Every franchise ordinance shall require for its adoption the
concurrence of a majority of all the members of the Council.
(b)u ftc no ice and ea A franchise may be awarded only after a public hearing on the application or
proposal.The applicant for the franchise shall t publish a notice of the hearing in a local newspaper of general
circulation once a week for three (3)successive weeks Immediately prior to the date of the hearing.Such notice
shall must specify the meeting of the Council at which it is intended to apply for the franchise,the name of the
applIcant,a general description of the rights and privileges to be applied for,and the time for and terms upon
which the franchise is desired.The hearing on the franchise application shall m st not be held unless a publisher’s
affidavit of publication proving the applicant’s compliance with the notice requirements has been presented to the
Council.Publication of the franchise ordinance by the City Clerk shall mu be in the same manner as for other
proposed ordinances.
(c)initiative and referendum The procedure for initiative and referendum of an ordinance granting a franchise
shall-must be as otherwise provided in this Charter,except that the sIgnatures required for referendum shall will
be equal In number to five (5)percent of the registered electors,or ten (10)percent of the total ballots cast in the
last regular city election,whichever is less.If the franchise ordinance Is referred to the vote of the electors,the
grantee of the franchise shall must deposit with the city’s Financial Officer an amount determined by said Officer
to be sufficient to pay for the cost of the election.No franchise election shall be ordered until the grantee
deposits such costs.
Section 2.Franchises to specify streets.
All franchises or privileges hereafter granted to railroads or other transportation systems shall must plainly specify
the particular streets,alleys, avenues,and other public property, or parts thereof,to which they shall ill apply.All
other franchises may be in general terms and may apply to the city generally.
Section 3.Regulation of public utilities.
(&.&ghts reserved.The right to regulate the rates, fares,and rentals of public utilities and carriers serving the
residents of the city shall ~always be reserved to the city to be exercised by ordinance.
~b)~4nnuaI reports.Every person or corporation operating under a franchise or grant from the city shall must
annually submit to the Council a report verified by the oath of the president, the treasurer,or the general manager
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thereof.Such reports shall must be in the form,contain such detailed information,and cover the period prescribed
by the Council.
(c)Council powers.The Council shall hoyt has the power,either through Its members or by authorized experts or
employees,to examine the books and affairs of any such person,persons,or corporations,and to compel the
production of books and other records pertaining to such reports or other matters.
Section 4. Books of record.
The Council shall must provide and cause to be kept in the office of the City Clerk an Indexed franchise record in
which shall-must be transcribed copies of all franchises granted by the city.Said record shall will be a complete
history of all franchises granted by the city and shall w include a comprehensive and convenient reference to
actions,contests,or proceedings at law affecting the same,and copies of all annual and inspection reports and
such other information as the Council may require.
Section 5.Term,compensation.
No franchise shall ay be granted for longer than twenty (20)years. Every grant of a franchise shall fix the
amount and manner of payment of the compensation to be paid by the grantee for the use of the same, and no
other compensation of any kind shall be exacted for such use during the life of the franchise.This provision
shall must not exempt the grantee from any lawful taxation upon his or her th property,nor from any license,
charges,or other impositions levied by the Council,not levied on account of the use granted by the franchise.
Section 6.Option to purchase.
Every grant,extension,or renewal of a public utility franchise or right shall provide that the city may,upon
the vote of the electors and the payment therefor of its fair valuation,purchase and take over the property and
plant of the grantee in whole or in part.Such valuation shall will be made as provided in the grant,but shall t
not include any value of the franchise or right-of-way through the streets or any earning power of such property.
Section 7.Railroad tracks.
The Council, upon some fair apportionment of the cost thereof between the railroad and the city and/or other
public authority in interest may by ordinance require any railroad company to elevate or lower any of its tracks
running over,along,or across any street or alley of the city,or to take such other measures for the protection of
the public,as in the opinion of the Council the public safety or convenience may require.
Section 8.Street cleaning and paving.
Every grant of any franchise or privilege in,over,under,or along any of the streets or public places in the city for
railway purposes,shall-w II be subject to the conditions that the person,firm,or corporation exercising or enjoying
the same shall-must,unless otherwise provided by ordinance,clean,keep in repair,and pave and repave so much
of a street or other public place occupied by a railway track as lies between its rails, and between the lines of
double track,and for such space outside of said track as may have been acquired by franchise.
Section 9.Right of regulation.
The grant of every franchise or privilege shall I be subject to the right of the city,whether in terms reserved or
not,to make any regulations for the safety,welfare,and accommodation of the public,including among other
things the right to require proper and adequate extensions of the service of such grant,the right to require any or
all wires,cables,conduits,and other like appliances to be placed underground,and the right to protect the public
from danger or inconvenience in the operation of any work or business authorized by the franchise.
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Section 10.Revocable permits.
The Council may grant a permit at any time for the use or occupation of any street,alley,or public place.Such
permit shall II be revocable by the Council at its pleasure,whether or not such right to revoke is expressly
reserved in such permit.
Section 11.Franchise renewal.
No franchise shall may be renewed before one (1)year prior to its expiration,which renewal shall II be subject to
all provisions relating to the original grant of a franchise.
Section 12.Leasing of franchises.
No franchise granted by the city shall may ever be leased, assigned,or otherwise alienated without the express
consent of the city,and no dealing with the lessee or assignee on the part of the city to require the performance of
any act or the payment of any compensation by the lessee or assignee shall be deemed to operate as such
consent.Any assignment or sale of such franchise without the consent of the city shall-,at the option of the
Council,operate as a forfeiture to the city of such franchise.
Section 13.Issuance of stock.
Every ordinance granting any franchise shall will prohibit the issuing of any stock on account thereof by any
corporation holding or doing business thereunder.
Section 14.Amendment, renewal,extension or enlargement of franchise.
No amendment,renewal, extension,or enlargement of any franchise,or grant of rights or powers heretofore
granted to any corporation,person,or association of persons shell I be made except in the manner and subject
to all the conditions provided in this Article for the making of original grants and franchises.
Section 15.Common use of facilities.
The City may by ordinance require any person or corporation holding a franchise from the city for any public utility
to allow the use of any of its poles,tracks, wires,conduits,and other related facilities by any other person or
corporation to which the city grants a franchise upon the payment of a reasonable rental to the owner therefor.If
the person or corporation desiring to use the same cannot agree with the owner regarding said rental and the
terms and conditions for such use,within sixty (60)days from offering in writing to do so,the Council after a fair
hearing,shall may by resolution fix the terms and conditions of such use and compensation to be paid therefor,
which award of the Council shallw I be final and binding on the parties concerned.
ARTICLE XII.MUNICIPAL PUBLIC UTILITIES
Section 1.City may acquire utilities.
(a)Council powers.The Council upon vote of the electors shall II have the power within or without the territorial
limits of the city to construct,condemn and purchase,acquire,and lease waterworks,gasworks,light plants,
power plants,transportation systems,telephone systems,heating plants,and other public utilities local in use and
extent,in whole or In part,and everything required therefor,for the use of the city and its inhabitants,and any
such systems,plants, works,or ways,or any contracts in relation or in connection therewith which may exist and
which the city may desire to acquire or purchase,in whole or in part,the same or any part thereof may be
purchased by the city.
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(b)Establishment An election is not required for the purchase of a portion of a utility system which is included in
an area being annexed to the city and which is not the subject of an existing city franchise.
(c)Revenue.Such public utilities acquired by the city,except waterworks and transportation systems,shall not
be paid for out of general taxes or general obligation bonds,but shall be paid for from revenue derived from
the public utility.Equipment necessary for transportation system may be acquired from the funds of the
equipment fund of the city.
Section 2.Right of entry.
The directors and employees of city-owned utilities shall I have authority in the necessary discharge of their
duties to enter upon any lands,properties or premises,within or without the city limits,for the examination or
survey thereof,or for the purpose of repairing, inspecting,removing,or connecting the service,reading meters,or
any other purpose whatever in connection with the water,wastewater,electric,and other utilities.
Section 3.Restriction on sale of water and electric property.
The City shall a not sell,lease,or in any manner dispose of the city’s water or electric utility system as a whole
unless and except the proposition for such purpose has first been approved by a vote of the electors.The
provisions of this Section shall w I not apply to the sale,lease or exchange of any part of the water or electric
utility systems,which the Council,by ordinance,determines does not materially impair the viability of the
particular utility system as a whole and further determines is for the benefit of the citizens of Fort Collins.The
provisions of this Section shall w also not apply to the sale of water rights no longer useful to the city nor to the
exchange of certain water rights for other water rights which would be more useful to the city.
Section 4.Control of water.
(a)Surplus water If at any time the water supply is greater than the immediate needs of the city and its
inhabitants,the Council may authorize the City Manager to permit the use of such surplus water by consumers
outside the city at such rates as the Council may prescribe;provided that no vested right shall-w accrue under
such permits.
(b)Use The use of water belonging to the city,or the use of its water system,whether for domestic or industrial
use,or for use in connection with a franchise or other privilege granted by the city,shall will always be subject to
the most comprehensive scrutiny,management,and control by the city,and nothing shall will ever be done by a
user whisk that shall-will interfere with the successful operation of the waterworks or tend to interfere with the
complete performance of the trust for the people under which such waterworks are held by the city;neither shall
will such use confer upon any user a right to water superior to the right of any other user.
Section 5.Utility budgeting.
Budgets for all city-owned public utilities shall be prepared and adopted at the same time and to the same
extent as budgets for all other city functions,as specified in Article V of this Charter.
Section 6.Municipal utility rates and finances.
(a)Rate The Council shall by ordinance from time to time fix,establish,maintain,and provide for the
collection of such rates,fees,or charges for water and electricity,and for other utility services furnished by the city
as will produce revenues sufficient to pay the cost of operation and maintenance of the city’s utilities In good
repair and working order;to pay into the general fund in lieu of taxes on account of the city-owned utilities such
amount as may be established by the Council by ordinance;to pay the principal of and interest on all bonds of the
city payable from the revenues of the city’s utilities;to provide and maintain an adequate working capital fund for
the day-to-day business operations of said utilities;to provide and maintain an adequate fund for the replacement
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of depreciated and obsolete property and for the extension,improvement,enlargement and betterment of said
utilities;to pay the interest on and principal of any general obligation bonds issued by the city to extend or
Improve said utilities.
(b)Bond revenue.The provisions hereof shall I be subject at all times to the performance by the city of all
covenants and agreements made by It In connection with the Issuance, sale,or delivery of any bonds of the city
payable out of the revenues derived from the operation of its utilities,whether such revenue bonds be heretofore
or hereafter Issued.
(c)Utility fund.All net operating revenues of the city’s utilities shall be held within the respective utility’s
fund and may be expended only for renewals,replacements,extraordinary repairs,extensions,improvements,
enlargements and betterments to such utility,or other specific utility purpose determined by the Council to be
beneficial to the ratepayers of said utilities.
Section 7.Telecommunication facilities and services.
(a)Council powers.In addition to all the powers granted by this Charter to the Council to acquire, condemn,
establish,construct,own,lease,operate and maintain an electric utility to provide light,power and other
electrical facilities and services,the Council may,by ordinance and without a vote of the electors,authorize
the electric utility to acquire,construct,provide,fund and contract for telecommunication facilities and
services within and outside the City’s territorial limits,whether directly or in whole or part through one or
more third-party providers.Alternatively,the Council may create by ordinance,and without a vote of the
electors,a telecommunications utility to exercise these same powers to furnish telecommunication facilities
and services within and outside the City’s territorial limits.If the Council creates a telecommunications utility,
it may also establish that utility as an enterprise of the City in the same manner,with the same powers and
subject to the same requirements and limitations established under Section 19.3(b)of Article V of this
Charter for the City’s other enterprises.The Council may also exercise with respect to the
telecommunications utility the same general authority and powers granted to Council in this Charter with
respect to the City’s other utilities.
(b)Issuance of debt obligations.The Council,acting as itself,the board of the electric utility enterprise or as the
board of the telecommunications utility enterprise,shall-wall have the power to issue revenue and refunding
securities and other debt obligations as authorized in Sections 19.3 and 19.4 of Article V of this Charter to
fund the provision of the telecommunication facilities and services authorized in this Section.The cumulative
total principal amount of any such securities and other debt obligations issued shall m t not exceed one
hundred fifty million dollars ($150,000,000),except that any refunding of such securities or other debt
obligations shall wi I not be included In that cumulative total.The City’s payment of and performance of
covenants under the securities and other debt obligations issued under this subsection (b)and any other
contract obligations of the City relating to the provision of telecommunication facilities and services under
this Section,shall will not be subject to annual appropriation so long as annual appropriation is not required
under Article X,SectIon 20 of the Colorado Constitution.
(c)Rates The Council shall must set by ordinance the rates,fees and charges for furnishing the
telecommunication facilities and services authorized in this Section subject to the same limitations in Section
6 of Article XII of this Charter for setting the rates,fees and charges for other City utilities,except to the
extent this authority is delegated by Council pursuant to subsection (e)below.In setting such rates,fees and
charges,the Council may also include amounts payable to the City’s general fund for a franchise fee,a
reasonable rate of return on any contributions from the general fund to acquire or construct
telecommunication facilities,and the repayment of any loans from the general fund used to support the
provision of telecommunication facilities and services under this Section,to Include the payment of a
reasonable rate of interest on any such loans.
(d)Executive sessions.In addition to the authority to go into executive session as provided in Section 11 of
Article II of this Charter,the Council,and any board or commission established under subsection (e)below,
may go Into executive session to consider matters pertaining to issues of competition in providing the
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telecommunication facilities and services authorized in this Section,which shall-ill include,without
limitation,matters subject to negotiation,strategic planning,pricing,sales and marketing,development
phasing and any other matter allowed under Colorado law.
(e)Delegation powers.As authorized in Section 1 of Article IV of this Charter,the Council may,by ordinance,
establish a Council-appointed board or commission and delegate to it,in whole or part,the Council’s
governing authority and powers granted under this Section concerning the furnishing of telecommunication
facilities and services by the City’s electric utility or telecommunications utility,but not the power to issue
securities as provided in subsection (b),above which shall only be exercised by the Council acting as
itself or as the board of the electric utility enterprise or as the board of the telecommunications utility
enterprise.The Council may also delegate by ordinance to the City Manager,in whole or part,its authority in
subsection (c)above to set the rates,fees and charges for furnishing telecommunication facilities and
services.Any Council ordinance delegating this authority shall set forth the process to be used by the
delegate for the setting of these rates,fees and charges.In addition,the amount of the rates,fees and
charges so set by the delegate shall m t be determined under the same criteria the Council is authorized
and required to follow in subsection (c)above.
(f)Definitions For purposes of this Section,telecommunication facilities and services shall means those facilities
used and services provided for the transmission,between or among points specified by the user,of
information of the user’s choosing,without change in the form or content of the information as sent and
received,to include,without limitation,any broadband Internet facilities and services using any technology
having the capacity to transmit data to enable a subscriber to the service to originate and receive high-
quality voice,data,graphics and video.Telecommunication facilities and services and “broadband Internet
facilities and services”are to be interpreted under this Section in the broadest possible way to cover the
widest range of technologies and technology infrastructure,regardless of how these terms may be defined
by federal or state law.
ARTICLE XIII.DEFINITIONS
Certain words and phrases used in this Charter are hereby declared to have the following meanings:
“Agency”means any organizational unit of the city.
“Allotment”means a portion of an appropriation made available for expenditure during a specified period of less
than one (1)year.
“Appropriation”means the authorized amount of funds set aside for expenditure during a specified time for a
specific purpose.
“City”means the City of Fort Collins,Colorado,a municipal corporation.
“Day”means a calendar day unless otherwise specified.
“Department”means a primary subdivision of a service area headed by a person who,regardless of title,is directly
responsible to the director of the service area.
“Elector or taxpayer for a period of time”means that,If a person is required to be an elector or taxpayer for a
period of time as a qualification to vote,to be a candidate,orto hold an office,then he or tim th3ll they must be
such during the entire and consecutive number of years next preceding the specified time.
“Emergency”means an existing condition actually arising from unforeseen contingencies which immediately
endangers public property,health,peace,or safety.
“Emergency ordinance”means an ordinance immediately necessary,on account of an emergency,to preserve the
public property,health,peace,or safety.
“Employees”means all persons in the compensated service of the city except Councilmembers.
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“Fort Collins Urban Growth Area”means that geographical area within and adjacent to the City of Fort Collins
identified by Intergovernmental Agreement between the City of Fort Collins and Larimer County as that area
identified for annexation and urbanization by the City of Fort Collins including the Urban Growth Area as it exists
on March 5,1985,together with any amendments or changes thereto.
“Misdemeanor”means a violation of this Charter or of any city ordinance so designated,and it shall d not have
the meaning attached to it in the criminal statutes of the State of Colorado.
“Office”means an administrative,legislative,or judicial position in the service of the city.
“Officer”means a member of the City Council.
“Registered elector”or “elector”means a person residing in the city who has registered to vote in city elections in
the manner required by law.
“Service area”means a major city administrative unit designated as a service area by the City Council by ordinance.
“Vote of the electors”means a favorable vote by a majority of the electors voting in an election.
ARTICLE XIV.TRANSITIONAL PROVISIONS
Section 1.Purpose and status of this article.
The purpose of this Article Is to provide an orderly transition from the Commission form of government of the city
to the Council-Manager form of government under provisions of this Charter and to prevent the impairment of any
contractual relationships between the city and the beneficiaries of any retirement plans of the city in effect on the
effective date of this Charter or the owners of any municipal bonds of the city then outstanding.This Article shall
will constitute a part of the Charter only to the extent and for the time required to accomplish that purpose.
Section 2.Transitional period.
The period from the effective date of this Charter to April 12,1955,shall be known as the transitional period.
During the transitional period the former Charter of the City shall w remain in effect,except that for the purpose
of nominating and electing members of the Council,or filling vacancies thereon,Article VIII of this Charter shall
be immediately operative.This Charter shall be fully operative at the close of the transitional period.
Section 3.Retirement plans.
This Charter shall II not affect any contractual relationships existing on the effective date of this Charter between
the city and any officers or employees by reason of any retirement plans then in effect.
Section 4.Outstanding and authorized bonds.
The provisions of this Charter shall not affect municipal bonds outstanding on the effective date of this Charter.
Failure to observe requirements of the former Charter,as amended,governing city elections shall not
invalidate any bonds authorized at any election held prior to the effective date of this Charter.Bonds authorized at
an election held prior to the effective date of this Charter may be Issued in accordance with the provisions of this
Charter and when so issued shall be the lawful and binding obligations of the city in accordance with their
import.
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Section 5.Saving clause.
This Charter thall does not affect any suit pending in any court on the effective date of its adoption.Nothing in this
Charter thaN-will invalidate any existing contracts between the city and individuals,corporations,or public
agencies.
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Headline Copy Goes Here
2025 Charter
Amendment Ballot
Items and Preferred
Order
June 3, 2025
Delynn Coldiron, City Clerk
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Headline Copy Goes Here
2
Questions for Council
1.What feedback do Councilmembers have about the
Charter Amendment ballot items to place on the
November 2025 ballot?
2.What feedback do Councilmembers have about the
order of the Charter Amendment on the ballot?
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Item 2.
Headline Copy Goes HereAdopted Charter Amendment Ordinances
3
•Ordinance No. 063, 2025, Submitting Proposed Charter Amendment Amending Articles II, IX, and X
of the City Charter to Correct Errors and Conform to Amendments Adopted in November 2024
•Ordinance No. 064, 2025, Submitting Proposed Charter Amendment Amending Articles II, IV and XIII
of the City Charter Related to Alignment with Amended or Further Developed Laws and Removing
Inconsistencies
•Ordinance No. 065, 2025, Submitting Proposed Charter Amendment Amending Articles II and IV of
the City Charter to Modernize Certain Provisions.
•Ordinance No. 066, 2025, Submitting Proposed Charter Amendment Amending Article IV of the City
Charter Related to Conflicts of Interest
•Ordinance No. 067, 2025, Submitting Proposed Charter Amendment Amending the City Charter to
Modernize and Update It by Reformatting and Updating Language Usage for Ease of Reading and
Clarity and Eliminating Inapplicable and Invalid Provisions.
•Possible Ordinance to submit a proposed Charter Amendment to update Council Vacancy
Amendment process.
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Headline Copy Goes HereCouncil Vacancy Charter Amendment
4
•Presented for discussion in prior Work Session item: Possible Charter
Amendment updating Council Vacancy Process
•Council Vacancy Amendment Ordinance to be presented for
consideration on June 17.
•Ordinance setting order of Charter amendments also expected for
June 17.
•In this discussion, consider Council Vacancy Amendment placement
among other items.
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Item 2.
Headline Copy Goes HereOrdinance No. 063, 2025 Ballot Language
5
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Articles II, IX, and X of the Charter of the City of Fort Collins, be amended to correct errors and eliminate
outdated or unnecessary language in light of the Charter amendments adopted in November 2024, by:
•Clarifying in Section 2(d) of Article II that a registered elector must notify the City Clerk before seeking a court
determination to challenge the qualifications of any member of the Council; and
•Updating language in Section 2(e)(1) of Article IX about determining the number of votes cast in a specific race
to work with the new ranked voting rules that were approved in November 2024; and
•Changing language in Section 2(e)(1) of Article X to restore the number of days for a signature gatherer to
circulate an initiative petition by increasing it from 63days to 77 days?
______Yes/For
______No/Against
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Item 2.
Headline Copy Goes HereOrdinance No. 064, 2025 Ballot Language
6
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Articles II, IV, XIII of the Charter of the City of Fort Collins be amended to improve consistency with amended or
further developed laws and removing inconsistencies, in order to minimize conflicts between the Charter legal
developments, by:
•Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to Council elections for consistency with state law;
o Continue to prohibit a political party, public service corporations, and persons or entities with city contracts from
contributing to any City Council election, while recognizing that some speech is protected by the U.S. or Colorado
constitution;
•Adding definitions to Article XIII to correspond to the changes to Article II; and
•Adding language to Section 11 of Article II incorporating state law provisions regarding City Council executive
sessions; and
•Clarifying language in Section 5 of Article IV that City records are available for public inspection and disclosure
consistent with state open records laws?
______Yes/For
______No/AgainstPage 110
Item 2.
Headline Copy Goes HereOrdinance No. 065, 2025 Ballot Language
7
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Articles II and IV of the Charter of the City of Fort Collins, be amended to modernize publication requirements and
requirements for adopting ordinances, by:
•Revising Section 6 of Article II about adopting ordinances, resolutions, and motions to:
o Make the provision easier to read and understand by adding subsections, subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that an entire ordinance be read aloud at a Council meeting;
and
•Revising Section 7 of Article II about publication and effective date of ordinances to:
o Allow an ordinance to proceed to adoption if publication of the ordinance before adoption was not timely, so long as all
other notice requirements have been met; and
o Cure late publication of ordinance after final passage if publication completed within a reasonable period of time; and
o Delay the effective date of the ordinance until publication requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
•Revising Section 7 of Article IV to require notice be published on the City’s website and posted at City Hall, instead of
publishing formal legal notices in a local newspaper; and
•Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins about how to apply deadlines throughout the
Charter in the manner already enacted for Articles VIII, IX and X?
______Yes/For
______No/AgainstPage 111
Item 2.
Headline Copy Goes HereOrdinance No. 066, 2025 Ballot Language
8
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Section 9 of Article IV of the Charter of the City of Fort Collins, regarding conflicts of interest, be amended
to:
•Allow City Councilmembers or the Mayor to sell real property to the city if the property is needed for a city
project or public use, while retaining all requirements for disclosure and refraining from involvement that
otherwise apply in the case of a conflict of interest; and
•Allow City employees to rent property from the city with City Manager approval, if it is for the city’s benefit and
related to the employee’ s performance of their job?
______Yes/For
______No/Against
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Item 2.
Headline Copy Goes HereOrdinance No. 067, 2025 Ballot Language
9
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall the Charter of the City of Fort Collins be amended to modernize and update it by reformatting and updating
language usage for ease of reading and clarity, and eliminating inapplicable and invalid provisions, without undoing any
substantive Charter amendments approved by the voters at the Tuesday, November 4, 2025, municipal election, by:
•Changing the words “ shall” to “ will,”“ must” or “may,” or other words to improve clarity; and
•Making the language more inclusive by taking out words “ he” and “ she” and related word forms; and
•Dividing sections into subsections and adding titles to subsections to make them easier to read and understand; and
•Eliminating transitional provisions that
o Address residency requirements for City department heads appointed prior to March 6, 1985 ( Section 3 of Article
IV); and
o Set a mill levy cap on Council’ s adoption of taxes ( Section 6 of Article lv), which Council must now adopt only
with voter approval; and
o Provide for transition from the prior Charter when the Charter was adopted ( Article XIV); and
•Renumbering and updating section cross-references throughout the Charter’?
______Yes/For
______No/AgainstPage 113
Item 2.
Headline Copy Goes Here
10
Questions for Council
1.What feedback do Councilmembers have about the
Charter Amendment ballot items to place on the
November 2025 ballot?
2.What feedback do Councilmembers have about the
order of the Charter Amendment on the ballot?
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Item 2.
Headline Copy Goes Here
Questions?
11
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