HomeMy WebLinkAbout063 - 04/15/2025 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED CHARTER AMENDORDINANCE 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.
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-
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:
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~
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Effective Date:April 25,2025
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Mayor •-
Approving Attorney:Carrie Daggett