HomeMy WebLinkAbout015 - 02/04/1997 - SUBMITTING PROPOSED AMENDMENTS OF THE CITY CHARTER PERTAINING TO THE CITY COUNCIL TO A VOTE OF THE R ORDINANCE NO. 15, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED AMENDMENTS TO ARTICLES I AND II OF THE CITY
CHARTER, PERTAINING TO THE CITY COUNCIL, 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
amendments to Articles I and II of the City Charter pertaining to the qualifications of
councilmembers,the methods for challenging councilmember qualifications, and redistricting; 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 Articles I and II of the City Charter
shall be submitted to the registered voters of the City as "Proposed Charter Amendment No. 8" at
the next regular municipal election to be held on April 8, 1997:
(a) That Article I, Section 2 of the City Charter be amended to read as follows:
ARTICLE I. FORM OF GOVERNMENT, POWERS, SEAL
Section 2. Form of government.
The municipal government provided by this Charter shall be known as the
"Council-Manager government." Pursuant to its provisions and subject only to the
limitations and exceptions imposed by the state Constitution and by this Charter, all
powers of the city shall be vested in an elective Council, hereinafter referred to as
"the Council." All powers of the City of Fort Collins shall be exercised in the
manner prescribed by this Charter or, if the manner be not therein prescribed, then
in such manner as may be prescribed by ordinance.
(b) That Article II of the City Charter is amended to read as follows:
ARTICLE II. CITY COUNCIL
Section 1. Membership; terms.
(a) Composition of Council. The Council shall consist of seven (7)
members,including a Mayor and Mayor Pro Tem, elected as provided in this Article.
(b) Method of election. The Mayor shall be nominated and elected from
the city at large. The remaining six (6) members shall be nominated and elected by
Districts. The election of District Councilmembers shall alternate between the
election of representatives for Council Districts 1, 3 and 5 and the election of
representatives for Council Districts 2, 4 and 6.
(c) Redistricting. The city shall be divided into six (6) Districts, each
representing one (1) contiguous, reasonably compact unit. The Districts shall be
numbered consecutively in a clockwise fashion beginning with the northeast District,
which shall be District 1. The Council shall provide by ordinance for the giving of
notice of any redistricting proceedings and the manner of protesting such
proceedings.
(d) Formula for redistricting. No later than one hundred and eighty(180)
days before each regular biennial election, the City Clerk shall determine if the
number of registered electors in the District containing the lowest number of
registered electors is less than eighty-five (85) percent of the number of registered
electors in the District containing the highest number. If so, the City Clerk shall
recommend to the Council District boundary changes, which shall be established by
ordinance at least one hundred and twenty(120) days before the election.
(e) Terms. Except as otherwise provided in Section 18 of this Article and
Section 3(d)of Article IX,the term of office of the Mayor shall be two (2)years, and
the term of office of all other members of the Council shall be four(4)years each ;
provided,however,that all such officers shall serve until their successors have been
elected and have taken office. The terms of the Mayor and other members of the
Council shall begin when they take the oath of office, which shall occur as the first
order of business at the first regular or special Council meeting following their
election or appointment.
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Section 2. Qualifications of candidates and members; challenges.
(a) An individual shall be eligible to be a candidate for the office of
Councilmember if at the time of the election he or she is a citizen of the United
States; is at least twenty-one(21)years of age;has been for one (1)year immediately
preceding such election an elector of the city; and, in the case of a District
Councilmember,has continuously resided in the District from which he or she is to
be elected since the date of accepting any nomination for election under Article VIII,
Section 3, of this Charter.
(b) No person who has been convicted of a felony shall be eligible to be a
candidate for, or hold,the office of Councilmember.
(c) No person shall be eligible to stand for election to more than one (1)
elective office at any single municipal election. During a term of office, no member
of the Council shall be an employee of the city or hold any other elective public
office. No person shall be elected or appointed to any city office, position or
employment for which the compensation was increased or fixed by the Council while
such person was a member thereof until after expiration of one(1)year from the date
when such person ceased to be a member of the Council.
(d) Any registered elector may file with the City Clerk a written protest
challenging the qualifications of any member of the Council. Any such protest shall
be resolved by the City Clerk as expeditiously as possible but no more than forty-five
(45) days from the date of filing of the protest, pursuant to a procedure established
by the Council by ordinance. In order to resolve such protests, the City Clerk shall
have the power to subpoena witnesses, administer oaths, and require the production
of evidence. No protest shall be filed prior to the date of appointment or the date of
issuance of the certificate of election of a Councilmember, whichever is applicable,
nor shall any such protest, other than a protest based upon the fact of a felony
conviction, be filed more than fifteen (15) days after said date.
(e) The fact that a Councilmember may be determined to have lacked any
qualification for the office of Councilmember during all or any portion of his or her
term of office shall not affect the validity of any action taken by the Council during
such Councilmember's term of office.
Section 4. Organization.
The Mayor shall preside at meetings of the Council and shall be recognized
as head of the city government for all ceremonial purposes and by the Governor of
the state for purposes of military law. The Mayor shall execute and authenticate legal
instruments requiring the signature of the Mayor. The Mayor shall also perform such
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other duties as may be provided by ordinance which are not inconsistent with the
provisions of this Charter.
At the first regular or special meeting after every biennial election, the
Council shall elect a Mayor Pro Tern for a two (2) year term from among the
members of the Council to act as Mayor during the absence or disability of the
Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tern shall
become Mayor as provided in Section 18(b)below.
Section 5. Powers.
All powers of the city and the determination of all matters of policy shall be
vested in the Council except as otherwise provided by this Charter. Without
limitation of the foregoing, the Council shall have power to:
(a) Appoint and remove the City Manager;
(b) Establish, change, consolidate or abolish administrative offices,
departments or agencies by ordinance, upon report and
recommendation of the City Manager, so long as the administrative
functions and public services established by this Charter are not
abolished in any such reorganization. The city shall provide for all
essential administrative functions and public services, including, but
not limited to the following:
(1) Fire suppression and prevention;
(2) Police services;
(3) Finance and recordkeeping;
(4) Electric utility services ;
(5) Water supply and wastewater services;
(6) Street maintenance;
(7) Storm drainage;
(8) Planning and zoning.
(c) Adopt the budget of the city;
(d) Authorize the issuance of bonds by ordinance as provided by this
Charter;
(e) Inquire into and investigate any office, department, or agency of the
city and the official acts of any officer or employee thereof, and to
compel by subpoena attendance and testimony of witnesses and
production of books and documents;
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(f) Adopt plats;
(g) Adopt and modify the official map of the city;
(h) Provide for independent audits of all funds and accounts of the city.
Section 7. Ordinances, publication and effective date.
Every proposed ordinance,except an emergency ordinance,shall be published
once in full at least seven(7)days before its final passage in a newspaper of general
circulation published in the city, which publication shall contain a notice giving the
date when said proposed ordinance will be presented for final passage. If on final
passage such ordinance is passed in the same form as published, no further
publication of such ordinance shall be required; except that the City Clerk shall,
within seven (7) days after final passage of any such ordinance,publish a notice of
such final passage which shall contain the number and title of such ordinance. All
ordinances,except emergency ordinances,shall take effect on the tenth day following
their passage. An emergency ordinance shall take effect upon passage and shall be
published as provided above within seven(7) days thereof.
When the Council deems it appropriate, publication of the title of an
ordinance, or the title of an amendment thereto, together with a comprehensive
summary of the substance of the ordinance or amendment thereto and with a
statement that the text is available for public inspection and acquisition in the office
of the City Clerk, shall be sufficient publication. However, when the Council deems
it appropriate, ordinances authorizing the issuance of municipal bonds, other
securities or evidences of municipal borrowing as authorized in Article V, Section
19 of this Charter may be published by title only with a statement that the text is
available for public inspection and acquisition in the office of the City Clerk.
Standard codes and codifications of ordinances of the city may be published by title
and reference in whole or in part.
Ordinances shall be signed by the Mayor, attested by the City Clerk and
published without further certification.
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
hold a public hearing thereon and notice of the hearing shall 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 state the time and place of
the hearing and shall 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 also contain a
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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 set forth
in full any penalty clause in connection with such code.
Section 18. Vacancies.
(a) A vacancy exists when a Councilmember:
(1) dies, resigns, or moves from the city or the District from
which elected or appointed;
(2) assumes another elective office;
(3) fails to attend all regular and special meetings of the Council
for sixty (60) consecutive days unless excused by Council
resolution;
(4) is judicially declared mentally incompetent;
(5) is convicted of a felony or is declared by the City Clerk, more
than sixty(60)days after the date of issuance of the certificate
of election of such Councilmember, to have previously been
convicted of a felony pursuant to a written protest filed under
Section 2 of this article; or
(6) in the case of an appointed member of the Council, is
declared by the City Clerk to lack any qualification for the
office of Councilmember.
Except for the office of Mayor, any vacancy on the Council shall be filled within
forty-five (45) days by appointment of the Council. The person so appointed shall
serve until the next regular election,when the electors will select a person to fill the
vacancy for the remainder of the term, if any. This selection process shall be subject
to the following exception: If the time for filling the vacancy by appointment would
fall within forty-five (45) days prior to any regular election, and the remaining
unexpired term of the Councilmember to be replaced is more than two(2)years,then
the vacancy shall be filled by the newly constituted Council following their election,
within forty-five (45) days after their terms of office begin.
Under this exception, the term of office of the Councilmember appointed
shall run for the remainder of the replaced Councilmember's term. Any person
appointed to fill a Councilmember's vacated position shall have all the qualifications
required of regularly elected Councilmembers. In the case of a vacancy representing
a member elected from a District, any person appointed or elected to fill such
vacancy shall be from the same District, as such District is constituted at the time of
the appointment or election.
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(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five
(45) days prior to the next regular election, the Mayor Pro
Tem shall become Acting Mayor, and the Council shall elect
a new Mayor Pro Tem. Both the Acting Mayor and Mayor
Pro Tem shall serve until the next regular election, at which
time the office of Mayor shall be filled by the electors for a
new term, and the Acting Mayor and Mayor Pro Tem shall
resume their duties as Councilmembers for the remainder of
their unexpired terms of office, if any. The vacancy on the
Council created by the Mayor Pro Tem assuming the office of
Mayor shall be filled in accordance with the provisions of
Section 18(a) above.
(2) If the position of Mayor becomes vacant within the forty-five
(45)days prior to any regular election,the duties of the Mayor
shall be immediately assumed by the Mayor Pro Tem, who
shall serve as Acting Mayor until said regular election, at
which time the office of Mayor shall be filled by the electors
for a new term. Pending the election and the commencement
of the term of the newly elected Mayor, the Council shall
consist of six (6) members, and the Council shall elect an
interim Mayor Pro Tem. After the election,the Acting Mayor
and Interim Mayor Pro Tem shall resume their duties as
Councilmembers for the remainder of their unexpired terms
of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any
Councilmember from standing for election to the office of
Mayor.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 8 to the voters at said election:
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PROPOSED CHARTER AMENDMENT NO. 8
AMENDMENTS TO ARTICLES I AND II OF THE CHARTER OF THE CITY OF FORT COLLINS
ELIMINATING CERTAIN LANGUAGE FOR TRANSITIONING INTO THE DISTRICT COUNCILMEMBER
SYSTEM;STATING THAT THE COUNCIL SHALL GIVE NOTICE OF ANY REDISTRICTING PROCEEDINGS
BY ORDINANCE;ESTABLISHING A FORMULA TO DETERMINE WHEN REDISTRICTING IS NECESSARY;
PROVIDING THAT NO PERSON CONVICTED OF A FELONY SHALL BE ELIGIBLE TO BE A CANDIDATE
FOR OR HOLD THE OFFICE OF COUNCILMEMBER; REQUIRING THAT ANY PROTEST OF
COUNCILMEMBER QUALIFICATIONS, EXCEPT A PROTEST BASED UPON A FELONY CONVICTION,
MUST BE FILED NO MORE THAN FIFTEEN(15)DAYS AFTER THE CERTIFICATION OF THE RESULTS OF
THE ELECTION AND MUST BE RESOLVED BY THE CITY CLERK WITHIN FORTY-FIVE(45)DAYS OF THE
PROTEST; STATING THAT AN INELIGIBLE COUNCILMEMBER'S PARTICIPATION SHALL NOT
INVALIDATE ANY ACTION OF THE COUNCIL; REWORDING THE PROVISIONS PERTAINING TO
VACANCIES IN THE POSITION OF COUNCILMEMBER; CLARIFYING THAT ALL COUNCILMEMBERS
SHALL SERVE UNTIL THEIR SUCCESSORS HAVE BEEN ELECTED AND HAVE TAKEN OFFICE, AND
PROVIDING THAT THE TAKING OF THE OATH OF OFFICE SHALL OCCUR AS THE FIRST ORDER OF
BUSINESS OF THE COUNCIL FOLLOWING THE COUNCILMEMBER'S ELECTION OR APPOINTMENT.
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 ,,n da of February, A�H:� 97.
C_--� a��yor
ATTEST:
City Clerk
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Passed and adopted on final reading this 4th day of Feb �/A.D. 1997.
ATTEST: ../-
City Clerk
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