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HomeMy WebLinkAbout203 - 12/16/1986 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE ELECTORS CONCERNING HOUSEKEEPING ITEMS FOR ORDINANCE NO. 203, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS CONCERNING HOUSEKEEPING ITEMS FOR FINANCIAL ADMINISTRATION PROVISIONS OF THE CHARTER WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S. , provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the qualified electors of the City of Fort Collins; and WHEREAS, the Council desires to submit certain proposed Charter amendments to the registered voters of the City at the next regular City election to be held on March 3, 1987. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . The following proposed Charter amendment shall be submitted to the registered voters of the City at the next regular City election to be held on March 3, 1987: PROPOSED CHARTER AMENDMENT NO 7 Part A. The second paragraph of Section 6 of Article II of the Charter of the City is hereby amended as follows: Section 6. Ordinances, resolutions, motions. (Paragraph 1 of Section 6 contains no proposed changes and is not shown. ) All ordinances, except the annual appropriation ordinance and any ordinance making a general codification of ordinances, shall be confined to one subject which shall be clearly expressed in the title. 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. but No ordinance, EXCEPT AN EMERGENCY ORDINANCE, shall be finally passed on the first reading or at the meeting at which it is first introduced. exeept--4fl--case--of emergenEy--€er--the--aEtual--preservation---of-4he--pablie--peace; health;-safety;--or--p reperty- AN EMERGENCY ORDINANCE MAY BE FORMALLY INTRODUCED AT A SPECIAL COUNCIL MEETING AND ACTION TAKEN THEREON, INCLUDING FINAL PASSAGE AT SUCH SPECIAL MEETING. -1- Reading of an ordinance shall consist only of reading the title thereof, provided that copies of the full ordinance proposed shall have been available in the office of the City Clerk at least 48 hours prior to the time such ordinance is introduced for each member of the City Council , and for inspection and copying by the general public, and provided further that any member of the City Council may request that an ordinance be read in full at any reading of the same, in which case such ordinance shall be read in full at such reading. Final passage of all ordinances except emergency ordinances shall be at a regular Council meeting. Emergency ordinances shall require for passage the affirmative vote of at least five 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 eerperatien; partnership;- er person OR ENTITY shall ever be passed as an emergency ordinance. Part B. Section 12 of Article V of the Charter of the City is hereby amended as follows: Section 12. Collection of taxes. Until the Council shall otherwise provide by ordinance OR RESOLUTION, the county treasurer shall collect city taxes in the same manner and at the same time as State--taxes-are-eelleeted GENERAL TAXES ARE COLLECTED UNDER THE LAWS OF THE STATE OF COLORADO. In like manner, the Council may provide for collection of special improvement assessments by said treasurer. All laws of this State for the assessment of property and the levy and collection of general taxes, sale of property for taxes and the redemption of the same shall apply and have fall THE SAME effect in WITH respect to ALL taxes for the city as of-3beh general taxes, except as modified by this Charter. On or before the fifth TENTH day of each month OR AS FREQUENTLY AS THE COUNCIL MAY PRESCRIBE BY ORDINANCE, the county treasurer shall report and pay to the direeter-a€-finance FINANCIAL OFFICER the amount of tax collections of the City for the preceding month. The estimated costs of tax collections and losses shall be included in the budget. Part C. Section 14 of Article V of the Charter of the City is hereby amended as follows: Section 14. Apportionment of expenses. The salaries of the city manager, directors, and otherS rendering services to two or more departments, and expenses of departments rendering services to other departments or to improvement districts, shall be equitably apportioned and charged against the proper department or other agency. -2- Part D. Section 17 of Article V of the Charter of the City is hereby amended as follows: Section 17. City not to pledge credit. The City shall not lend or pledge its credit or faith, directly or indirectly, or in any manner to or in aid of any PRIVATE person ;--cerperatien; or ENTITY ether-erganizatien;--pbblie-er private; for any amount or any purpose whatever, or become responsible for any debt, contract, or liability thereof. Part E. Section 19 of Article V of the Charter of the City is hereby amended as follows: Section 19. Forms of borrowing. The City may borrow money and issue the following securities to evidence such indebtedness: a. Short-term notes. b. General obligation bends SECURITIES. c. Revenue bends SECURITIES. D. REFUNDING SECURITIES. dE. Special or-leeal-imprevement-bends ASSESSMENT SECURITIES. F. TAX INCREMENT SECURITIES. eG. Any other securities not in contravention of this Charter. Part F. Section 20.2 of Article V of the Charter of the City is hereby amended as follows: Section 20.2. General obligation securities. Except as otherwise provided in this Part II of Article V of this Charter, no securities payable in whole or in part from the proceeds of ad valorem taxes of the City shall be issued until the question of their issuance HAS shall; at a special or regular election, be BEEN submitted to a vote of the electors of the City and approved by a majority of those voting on the question. The aggregate amount of such securities as are described in this Section, EXCLUDING SECURITIES WHICH HAVE BEEN REFUNDED AND DEFEASED, shall not exceed ten percent (10%) of the assessed valuation of the taxable property within the City as shown by the last assessment for City purposes. Securities issued for water purposes may be issued by Council action without an election and -3- shall not be included in the determination of such debt limitation. Part G. Section 20.4 of Article V of the Charter of the City is hereby amended as follows: Section 20.4. Refunding securities. The Council may authorize without an election issuance of refunding securities for the purpose of refunding and providing for the payment of outstanding securities or other obligations of the City as the same mature, or in advance of maturity by means of an escrow or otherwise. THE ORDINANCE AUTHORIZING THE ISSUANCE OF SUCH REFUNDING SECURITIES MAY PROVIDE THAT THE INTEREST RATE OR PRINCIPAL AMOUNT OF THE REFUNDING SECURITIES BE HIGHER OR LOWER THAN THAT OF THE SECURITIES BEING REFUNDED, PROVIDED THAT IN THE CASE OF GENERAL OBLIGATION SECURITIES THE TOTAL PRINCIPAL AND INTEREST PAYABLE ON THE REFUNDING SECURITIES DOES NOT EXCEED THAT OF THE SECURITIES BEING REFUNDED. No refunding securities (other than water refunding securities AND TAX INCREMENT REFUNDING SECURITIES) issued for the purpose of refunding revenue securities shall be issued without an election if such refunding securities are made payable in whole or part from ad valorem taxes of the City. Part H. Section 20.5 of Article V of the Charter of the City is hereby amended as follows: Section 20.5. Special improvement ASSESSMENT securities. (a) Securities for any special or local improvement district, secured as provided in this Section, shall not be subject to any debt limitation nor affect the City's debt incurring power, nor shall such securities be required to be authorized at any election. (B) THE CITY MAY INCLUDE PROPERTY OWNED BY IT WITHIN ANY SPECIAL OR LOCAL IMPROVEMENT DISTRICT AND PROVIDE FOR THE ASSESSMENT OF SUCH PROPERTY AS IT WOULD ANY OTHER PROPERTY LOCATED WITHIN THE SPECIAL OR LOCAL IMPROVEMENT DISTRICT. THE CITY MAY WITHOUT AN ELECTION ELECT TO PAY ANY SUCH ASSESSMENT IN INSTALLMENTS, AND ANY SUCH ASSESSMENT, REGARDLESS OF THE SOURCE OF PAYMENT THEREOF, SHALL NOT BE INCLUDED WITHIN THE LIMITATION CONTAINED IN SECTION 20.2 OF ARTICLE V OF THIS CHARTER. (bC) When all outstanding securities for a special or local improvement district have been fully paid and money remains to the credit of the district, it shall MAY be transferred to a surplus and deficiency fund;--but. Moneys in the surplus and deficiency fund in excess of the total principal aifleaRt-ef AND INTEREST REMAINING UNPAID ON the outstanding special assessment securities of the City TO -4- WHICH THE SURPLUS AND DEFICIENCY FUND IS PLEDGED may be withdrawn by Council action and used for any public purpose. Whenever there is a deficiency in any special or local improvement district fund to meet the payment of outstanding securities and interest due thereon, the deficiency shall MAY be paid out of the surplus and deficiency fund. (eD) Whenever three-fourths (3/4) of the securities issued for a special or local improvement district have been paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the final securities for the district, the City shall pay the securities when due and levy additional ad valorem taxes necessary therefor and reimburse itself by collecting the unpaid assessments due the district. Part I . Section 20.8 of Article V of the Charter of the City is hereby amended as follows: Section 20.8. Tax increment securities. The City, by Council action and without an election, may issue tax increment securities payable from ad valorem tax revenues derived from the increased valuation for assessment of taxable property within a plan of development or other similar area as defined by applicable state statutes. Such securities shall be issued in accordance with such statutes or any ordinance adopted by the Council not inconsistent with this Charter. Any securities issued pursuant to this Section 20.8 shall not be included in the determination of the debt limitation contained in Section 20.2 OF ARTICLE V of this Charter. Part J. Section 23(h) of Article V of the Charter of the City is hereby amended as follows: Section 23. Powers and duties. (h) Submit to the Council through the city manager a-monthly PERIODIC statementS of all accounts and funds, inElading trust-and-custedial-funds;-such-repert-to-shew-reeeipts-and disbursements-and-remaining-budget-allotments sufficiently itemized in detail to show the exact financial condition of the City AT A FREQUENCY ESTABLISHED BY THE COUNCIL. Part K. Section 24 of Article V of the Charter of the City is hereby amended as follows: Section 24. Separate utilities accounts. The accounts of each utility owned and operated by the City shall be MAINTAINED IN A SEPARATE FUND AND kept separate and distinct from all other accounts of the City. EACH UTILITY FUND -5- SHALL BE ACCOUNTED FOR UTILIZING THE BASIS OF ACCOUNTING APPROPRIATE FOR AN ENTERPRISE FUND , and shall contain proportionate charges for all services performed by other departments for such utility, as well as proportionate credits for all services rendered, Such--accounts--s pall--alse-show A reasonable allowance for depreciation and obsolescence and, IF THE UTILITY IS SUBJECT TO PAYMENTS TO THE GENERAL FUND IN LIEU OF TAXES, an estimate of the amount of taxes that would be chargeable against such utility if owned privately. Part L. Sections 26 and 27 of the Article V of the Charter of the City are hereby repealed and reenacted as a new Section 26 of said article as follows: Section 26. General-fund;-expenditure CREATION OF FUNDS. A--general--fund-4s--hereby-created--which--shall--consist-ef-ell revenues-e€--the--City--net-3peeifieall•y--belonging-to-any-special fand:--The-governmental-€unctiens-ef-the-City-shall-be-paid-for out-a€-apprepriatiens-€rem-the-general-fund FUNDS MAY BE CREATED FOR ANY PURPOSE BY ORDINANCE. ANY ORDINANCE CREATING A FUND SHALL ALSO SPECIFY THE SOURCE OF REVENUE AND THE PURPOSES AND MANNER OF EXPENDITURE. THE FUNDS OF THE CITY SHALL INCLUDE A GENERAL FUND WHICH SHALL BE USED TO ACCOUNT FOR ALL FINANCIAL RESOURCES OF THE CITY EXCEPT THOSE REQUIRED TO BE ACCOUNTED FOR IN ANOTHER FUND. Sect4on-27:--Speeial-funds3-expenditures: Speeial-funds-may-be-created-for-any-purpose-by-erdinance;-any erdinance-creating-a-special-€and-shall-also-specify-the-source of-revenue-and-the-parpeses-and-manner-ef-expenditure: Part M. Section 28 of Article V of the Charter of the City is hereby repealed in its entirety: Section-28:--Grandview-Cemetery: The--previsions--of--the--ordinances--pertaining--te--Grandview Cemetery--and--its--special--€ands--are--continued--in-fall-ef€eet- previdedT--that-4he--4neeme--€rem--said--funds--shall--be--devoted exelasively-te-the-perpetual-eare-of-the-lets-in-said-cemetery: Part N. Section 6 of Article IX of the Charter of the City is hereby amended as follows: Section 6. Municipal utility rates and finances. The Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water and electricity, and for water; sewerT--and--electric UTILITY serviceS furnished by the City as will produce revenues sufficient to pay the cost of operation and -6- maintenance of said THE CITY'S utilities in good repair and working order; to pay into the general fund in lieu of taxes ON ACCOUNT OF THE WATER, WASTEWATER AND ELECTRIC UTILITIES an amount at least equivalent to City taxes and franchise permits if the utility were privately owned; to pay the principal of and interest on all bonds of the City payable from the revenues of said utilities; to provide and maintain an adequate working capital fund for the day-to-day business operations of the utility; to provide and maintain an adequate fund for the replacement of depreciated and obsolete property and for the extension, improvement, enlargement and betterment of said utilities; to pay the interest on and principal of any general obligation bonds issued by the City to extend or improve said utilities. The provisions hereof shall be subject at all times to the performance by the City of all covenants and agreements made by it in connection with the issuance, sale, or delivery of any bonds of the City payable out of the revenues derived from the operation of its water;--eleetrie;--and--ether utilities, whether such revenue bonds be heretofore or hereafter issued. All net operating revenues of said THE CITY'S water;-eleetrieT and - ether utilities shall be HELD WITHIN paid- irate-the depreeiatien-and-eapital-improvements-fund-of-said THE RESPECTIVE UTILITY'S FUND and sdeh--€ands--shall MAY be expended only for renewals, replacements, extraordinary repairs, extensions, improvements, enlargements and betterments to such utility, OR OTHER SPECIFIC UTILITY PURPOSE DETERMINED BY THE COUNCIL TO BE BENEFICIAL TO THE RATEPAYERS OF SAID UTILITIES. Part 0. Section 1 of Article XXII of the Charter of the City is hereby amended as follows: Section 1 . PURPOSE AND status of this article. The purpose of this article is to provide an orderly transition from the commission form of government of Fert-Gellins THE CITY to the council -manager form of government under provisions of this Charter AND TO PREVENT THE IMPAIRMENT OF ANY CONTRACTUAL RELATIONSHIPS BETWEEN THE CITY AND THE BENEFICIARIES OF ANY RETIREMENT PLANS OF THE CITY IN EFFECT ON THE EFFECTIVE DATE OF THIS CHARTER OR THE OWNERS OF ANY MUNICIPAL BONDS OF THE CITY THEN OUTSTANDING. This article shall constitute a part of the Charter only to the extent and for the time required to accomplish that purpose. Part P. Capital letters indicate new or substituted language; dashes through words indicate deletions from existing provisions and such material is not a part of the final charter language. -7- Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 7 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 7 Amendments to the Charter of the City of Fort Collins to update and clarify the financial provisions of the Charter, including: clarifying that the City shall not pledge its credit to private persons or entities; clarifying that refunded and defeased securities are excluded from the limitation on indebtedness to avoid double-counting of the outstanding obligations; clarifying that an ordinance may be introduced at a regular or special meeting of Council but that only an emergency ordinance may have final action taken at the same meeting at which it is introduced; authorizing the interest rate or principal amount of refunding securities to be higher or lower than that of the securities being refunded so long as the total refunding obligation does not exceed that of the securities being refunded; specifying that tax increment refunding securities are excluded from the requirement of an election prior to issuance; allowing the city to pay assessments on city-owned property included in an improvement district in installments without an election and excluding such assessment from the limitation on indebtedness; providing that money remaining to the credit of an improvement district may be transferred to a surplus and deficiency fund when all obligations are satisfied and excess funds therein withdrawn for public purposes or for meeting a deficiency in another improvement district fund; requiring the accounts of each utility to be maintained in separate funds and accounted for as an enterprise fund; and permitting net operating revenues held in a utility fund to be expended for specific utility purposes determined by the Council to be beneficial to utility ratepayers. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 1986, and to be presented for final passage on the 16th day of December, A.D. 1986. Mayor ATTEST. City Clerk -8- 1986.Passed and adopted on final reading this 16th day of December, A.D. Mayor ATTEST: City Clerk -9-