HomeMy WebLinkAbout052 - 04/18/2017 - AMENDING CHAPTER 19 OF CITY CODE TO ADOPT THE COLORADO RULES OF CIVIL PROCEDURE TO GOVERN THE PROCEDORDINANCE NO. 052, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADOPT THE COLORADO RULES OF CIVIL PROCEDURE TO GOVERN
THE PROCEDURES AND TO ADD CITY CODE SECTION 1-24 TO CLARIFY
THAT CIVIL ACTIONS ARISING UNDER THE CITY'S ORDINANCES ARE NOT
INTENDED TO CREATE BY IMPLICATION CLAIMS FOR MONETARY
DAMAGES FOR THE BENEFIT OF THIRD PARTIES
WHEREAS, as a home rule municipality, the City is granted in Article XX, Section 6.c.
of the Colorado Constitution the home rule power to create a municipal court and to define and
regulate its "jurisdiction, powers and duties"; and
WHEREAS, in City barter Article VII, Section 1, the City has created its Municipal
Court and vested it "with original jurisdiction of all causes arising under the City's Charter and
ordinances," and further provides that the Court's "[rjules of procedure . . . shall be enacted by
the Council upon recommendation of the Municipal Judge"; and
WHEREAS, the City Council has previously adopted in Code Section 19-3 the
Colorado Municipal Court Rules of Procedure" promulgated by the Colorado Supreme Court,
which govern the procedures in municipal courts in "municipal charter and ordinance violation
cases," and Council has also adopted various other rules of procedure in Chapter 19, all related to
governing the procedures in Municipal Court for the City's prosecution of misdemeanor, traffic,
parking and civil violations, offenses and infractions under the City Charter, Code and
ordinances (collectively "Current Rules of Procedure"); and
WHEREAS, in granting the Municipal Court "original jurisdiction of all causes arising
under the City's Charter and ordinances," the Court also has jurisdiction over causes arising
under the City Code that are unrelated to violations of the Charter or Code, for example this can
include jurisdiction to consider civil actions filed with the Municipal Court to challenge quasi-
judicial decisions made by City Council and other City officials; and
WHEREAS, the Current Rules of Procedure do not provide the necessary rules of
procedure needed by the Municipal Court to adequately, properly and expeditiously consider a
civil action filed with it that does not involve a violation of the Charter or Code and needed by
the litigants in that civil action to guide them in presenting their cases to the Court; and
WHEREAS, the rules of procedure that would provide such adequate, proper and
expeditious procedures for the Municipal Court and the needed guidance to litigants are found in
the Colorado Rules of Civil Procedure adopted by the Colorado Supreme Court to govern the
procedures in all civil actions filed in Colorado's district courts: and
WHEREAS, pursuant to Charter Article VII, Section 1, Municipal Judge Kathleen Lane
has recommended to the Council that it adopt the Colorado Rules of Civil Procedure for the
Municipal Court to use, as applicable, to govern the procedures for civil actions filed with it; and
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WHEREAS, a civil action has recently been filed in Municipal Court to challenge a
quasi-judicial decision Council rendered in February denying an appeal from a decision of the
Planning and Zoning Board granting a land use application, so this Ordinance's adoption of the
Colorado Rules of Civil Procedures is necessary to allow this newly filed civil action to proceed
under these rules; and
WHEREAS, this Ordinance also adds a Section 1-24 to the Code to clarify that with
respect to those civil actions filed in Municipal Court over which it has jurisdiction, that the
provisions of the Code are not intended to create by implication for the benefit of any person not
the City, a cause of action for monetary damages or amounts unless made expressly clear in such
provisions; and
WHEREAS, pursuant to the City Charter Article II, Section 7, City Council may enact
any ordinance which adopts a code by reference in whole or in part provided that before adoption
of such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one.of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing; and
WHEREAS, in compliance with Article 11, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the Colorado Rules of Civil
Procedure on April 2, 2017, and April 9, 2017,; and
WHEREAS, attached as Exhibit "A" and incorporated herein by reference is the Notice
of Public Hearing dated April 2, 2017, that was so published and which the Council hereby finds
meets the requirements of Article lI, Section 7 of the City Charter.
WHEREAS, the City Council hereby finds and determines, in the exercise of the City's
home rule authority, that adoption of this Ordinance is necessary for the just, orderly and
expeditious resolution of civil actions filed in Municipal Court.
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 Chapter 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 1-24 which reads in its entirety as follows:
Sec. 1-24. - No implied civil causes of action for damages.
The provisions of this Code and other City ordinances are not intended to create by implication
for the benefit of any person not the City any civil cause of action, right of action, chose in action
or any other kind of civil action or legal claim of liability for monetary damages or amounts.
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Any such civil action or legal claim for monetary damages or amounts created in this Code or
any City ordinance must be expressly stated and clearly intended in the Code provision creating
it.
Section 3. That Section 19-3 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-3. - Rules of procedure.
a) The Colorado Municipal Court Rules of Procedure, as amended, the rules for traffic
infractions contained in Article IV of this Chapter, the provisions of this Chapter, and the
procedures adopted by the Municipal Judge which are not inconsistent therewith, are adopted
herein by reference and shall govern the procedures in the Municipal Court in all cases arising
from misdemeanor, traffic, parking and civil violations, offenses and infractions under the
Charter, Code and City ordinances.
b) The Colorado Rules of Civil Procedure, as amended, shall govern the procedures in
Municipal Court in all civil actions for a cause arising under the Charter, Code and City
ordinances and as needed for the Municipal Court to determine whether it has jurisdiction over
a cause in a civil action, but not for actions for violations, offenses and infractions of the
Charter, Code and City ordinances which are to be governed by the procedures established in
Subsection (a) of this Section. References to the district court in the Colorado Rules of Civil
Procedure shall be deemed to refer to the Municipal Court. In addition,`the Municipal Court
shall liberally construe, administer and apply these rules as applicable in each civil action to
secure the just, speedy and inexpensive determination of that civil action. In these civil
actions, the Municipal Court shall be vested with the full authority to provide civil remedies,
including, without limitation, equitable, injunctive and declaratory relief and to award.costs
and attorney fees to the full extent permitted by law. It shall also have the power in those
actions to compel the attendance of witnesses, to punish for contempt of court and to enforce
any award of equitable, declaratory or injunctive relief through its contempt power in
accordance with the applicable provisions of the Colorado Rules of'Civil Procedure, as
amended.
Section 4. That the rules of procedure adopted in Code Section 19-3(b) of this
Ordinance shall be applicable as of the effective date of this Ordinance with respect to all civil
actions in Municipal Court not arising from violations of the City's Charter, Code or ordinances.
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Introduced, considered favorably on first reading, and ordered published this 28th day of
March, A.D. 2017, and to be,presented for final passage on the 18th d pril, A.D. 2017.
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Mayor
ATTEST:
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V/ Ait/
City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
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Mayor
ATTEST:
cOLOR
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City Clerk
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NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the
City of Fort Collins, Colorado, on the 18th day of April , A. D . , 2017 at 6 : 00 p.m. , or as soon
thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300
LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of an
ordinance adopting by reference the Colorado Rules of Civil Procedure promulgated by the
Colorado Supreme Court, located at 2 East 14'
h
Avenue, Denver, Colorado 80203 .
Not less than one ( 1 ) copy of said Code has been, and now is on file in the Fort Collins
City Attomey ' s Office and one copy is on file in the Office of the City Clerk of the City of Fort
Collins and is available for public inspection.
The purpose of the adoption of the Colorado Rules of Civil Procedure by said ordinance
is to provide the rules of procedure that will govern those civil actions filed in the Fort Collins
Municipal Court that do not involve the prosecution of violations of the City Charter or
ordinance.
This notice is given and published by order of the City of Fort Collins, Colorado.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221 =6515 (V/TDD : Dial 711 for Relay Colorado) for assistance.
Dated at Fort Collins, Colorado this 2nd day of April , A. D . 2017.
Wanda Winkelmann
City Clerk