HomeMy WebLinkAbout065 - 04/15/2025 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED CHARTER AMENDORDINANCE 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
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:
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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(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.
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:
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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/Against
Introduced,considered favorably on first reading on April 1,2025,and approved
on second reading for final passage on April 15,2025.
ATTEST:
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ity
Eff-e Date:April 25,2025
Approving Attorney:Carrie Daggett