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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2018 - SECOND READING OF ORDINANCE NO. 115, 2018, AMENDIAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY September 18, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 115, 2018, Amending Section 2-636 of the Code of the City of Fort Collins to Conform to Recently Amended Section 7-133. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 4, 2018, amends Section 2-636 of the City Code relating to financial disclosure statements to conform the language to Section 7-133 of the City Code relating to the timely filing of financial disclosure statements by candidates for a mayoral or Council seat. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 4, 2018 (w/o attachments) (PDF) 2. Ordinance No. 115, 2018 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 4, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 115, 2018, Amending Section 2-636 of the Code of the City of Fort Collins to Conform to Recently Amended Section 7-133 EXECUTIVE SUMMARY The purpose of this item is to amend Section 2-636 of the City Code relating to financial disclosure statements to conform the language to Section 7-133 of the City Code relating to the timely filing of financial disclosure statements by candidates for a mayoral or Council seat. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On April 3, 2018, Council adopted Ordinance No. 045, 2018, which, in part, amended Section 7-133 of the City Code to require candidates to file a financial disclosure statement at the time of filing an acceptance of nomination, rather than 10 days after filing the acceptance. Section 7-133, which addresses requirements for candidates for election, references Section 2-636, which is focused specifically on the requirement for candidates, elected Councilmembers, the City Manager and the City Attorney to file a financial disclosure by a certain date. Section 2-636 contains language now in conflict with the recently amended Section 7-133, in that it still references the former requirement for candidates to file a financial disclosure statement within 10 days after acceptance of nomination. This Ordinance amends Section 2-636 to conform to the current language in Section 7-133. ATTACHMENT 1 ORDINANCE NO. 115, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-636 OF THE CODE OF THE CITY OF FORT COLLINS TO CONFORM TO RECENTLY AMENDED SECTION 7-133 WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for the conduct of City elections, including the requirements for becoming a candidate for a mayoral or Council seat; and WHEREAS, on April 3, 2018, Council adopted Ordinance No. 045, 2018, amending Chapter 7 of the Code to amend requirements and procedures for City elections; and WHEREAS, Ordinance No. 045,2018 amended City Code Section 7-133 so as to modify the deadline for submission of a candidate financial disclosure statement to require that a candidate file such a statement at the time of filing an acceptance of nomination, rather than within ten days after filing the acceptance; and WHEREAS, City Code Section 2-636, references the requirement for candidates to file financial disclosures and has not yet been updated to conform to already amended Section 7-133; and WHEREAS, in order to avoid any confusion and resolve any conflict between these two provisions, Council desires to amend Section 2-636 to conform to the current language of Section 7-133, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 2-636 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-636. - Required. Any candidate for the office of City Councilmember shall, at the time of filing his or her acceptance of nomination with the City Clerk, file with the City Clerk a written disclosure statement that conforms to the requirements of § 2-637. Such a written disclosure statement shall also be filed with the City Clerk by each member of the City Council, the City Manager and the City Attorney not later than thirty (30) days after their election, re- election, appointment or retention in office; provided, however, that any City Councilmember who is elected or re-elected and who has, prior to said election or re- election, filed a written disclosure statement within ten (10) days after filing acceptance of nomination, may file an amended statement with the City Clerk or notify the City Clerk in writing that there has been no change in the disclosures made therein, since the date of filing of the same. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2018, and to be presented for final passage on the 18th day of September, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk