HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2018 - FIRST READING OF ORDINANCE NO. 115, 2018, AMENDINAgenda 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.
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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, within ten (10) days after 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
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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