HomeMy WebLinkAbout014 - 02/04/1997 - SUBMITTING CHARTER AMENDMENT NO. 7 TO THE APRIL 8, 1997 ELECTION ORDINANCE NO. 14, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED AMENDMENTS TO ARTICLE II, SECTION 11,
OF THE CITY CHARTER,PERTAINING TO COUNCIL MEETINGS,
TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS
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
registered electors of the City of Fort Collins; and
WHEREAS, on November 21, 1995, the City Council adopted Resolution 95-161 creating
a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a
comprehensive review of the City Charter and to recommend any amendments thereto that the
Committee believed to be in the best interests of the City; and
WHEREAS,after conducting such review,the Committee has recommended certain changes
to Article II, Section 11 of the City Charter, pertaining to council meetings; and
WHEREAS,the City Council believes that the foregoing proposed amendments,as modified
by the City Council, should be submitted to the registered electors of the City so that the voters may
determine whether such amendments are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article II, Section 11, of the City
Charter shall be submitted to the registered voters of the City as "Proposed Charter Amendment No.
7" at the next regular municipal election to be held on April 8, 1997:
ARTICLE 11. CITY COUNCIL
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may
prescribe by ordinance and shall prescribe the manner in which special meetings may
be called. Notice of any special meeting shall be given to all Councilmembers no
less than one (1) day prior to such meeting. All meetings shall be open to the public.
A majority of the members of Council shall constitute a quorum sufficient to transact
business. A smaller number can adjourn a meeting to a later date and time, and in
the absence of all members, the City Clerk may adjourn any meeting for not longer
than one (1)week. No other action, except to adjourn, may be taken by the Council
in the absence of a quorum, unless the absence of a quorum is due to the filing of
conflict of interest disclosure statements by all absent members, in which event at
least three (3)remaining members may transact business. By majority vote of those
present and voting, the Council may approve any action of the Council except the
passage of emergency ordinances and the approval of executive sessions. By two-
thirds vote of those present and voting, the Council may go into executive session,
which shall be closed to the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific
legal questions involving litigation or potential litigation
and/or the manner in which particular policies, practices or
regulations of the city may be affected by existing or proposed
provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the
city; or
(4) consider electric utility matters if such matters pertain to
issues of competition in the electric utility industry.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 7 to the voters at said election:
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PROPOSED CHARTER AMENDMENT NO. 7
AMENDMENTS TO ARTICLE II, SECTION I I OF THE CIIARTER OF THE CITY OF FORT COLLINS
REQUIRING THAT A MAJORITY OF THE COUNCIL MUST BE PRESENT IN ORDER FOR THE COUNCIL TO
TAKE ANY ACTION,EXCEPT THAT THREE COUNCILMEMBERS MAY TRANSACT BUSINESS WHEN THE
ABSENCE OF A QUORUM IS DUE TO THE FILING OF CONFLICT OF INTEREST DISCLOSURE
STATEMENTS BY ALL ABSENT MEMBERS; CLARIFYING THAT A TWO-THIRDS VOTE OF THE
COUNCILMEMBERS "PRESENT AND VOTING" IS SUFFICIENT FOR THE COUNCIL TO GO INTO
EXECUTIVE SESSION; EXPANDING THE PURPOSES FOR WHICH EXECUTIVE SESSIONS MAY BE HELD
TO INCLUDE CONSULTATIONS WITH ATTORNEYS REPRESENTING THE CITY REGARDING LITIGATION
OR POTENTIAL LITIGATION INVOLVING THE CITY AND/OR THE MANNER IN WHICH PARTICULAR
POLICIES, PRACTICES OR REGULATIONS OF THE CITY MAY BE AFFECTED BY EXISTING OR
PROPOSED PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RATHER THAN LIMITING SUCH
CONSULTATIONS TO "ADVERSARIAL SITUATIONS"; EXPANDING THE PURPOSES OF EXECUTIVE
SESSIONS TO INCLUDE THE CONSIDERATION OF WATER .AND REAL PROPERTY SALES,AS WELL AS
WATER AND REAL PROPERTY ACQUISITIONS,BY THE CITY; AND EXPANDING THE PURPOSES OF
EXECUTIVE SESSIONS TO INCLUDE THE CONSIDERATION OF ELECTRIC UTILITY MATTERS IF SUCH
MATTERS PERTAIN TO ISSUES OF COMPETITION IN THE ELECTRIC UTILITY INDUSTRY.
YES
NO
Introduced, considered favorably on first reading, and ordered published this 21 st day of
January, A.D. 1997, and to be presented for final passage on the 4th.daygf February, A D,l997.
yor
ATTEST: (`
City Clerk
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Passed and adopted on final reading this 4th day of Februar-v;-A7p. 1997.
ayor
ATTEST:
I►
City Clerk
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