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HomeMy WebLinkAbout013 - 02/04/1997 - SUBMITTING A PROPOSED CHARTER AMENDMENT PERTAINING TO RESIDENCY REQUIREMENTS TO A VOTE OF THE REGIST ORDINANCE NO. 13, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED AMENDMENT TO ARTICLE II, SECTION 12; ARTICLE III, SECTION 1, 3; ARTICLE IV, SECTION 3; ARTICLE VI, SECTION 1; ARTICLE VII, SECTION 1, OF THE CITY CHARTER, PERTAINING TO RESIDENCY REQUIREMENTS, 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 Articles II, III, IV, VI, and VII of the City Charter pertaining to residency requirements; and WHEREAS, the City Council has reviewed the Committee's recommendations and has determined that the proposed amendments to the foregoing Articles of the City Charter, as modified by the City Council, should be submitted to the registered electors of the City so that they may determine whether the proposed 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 shall be submitted to the registered voters of the City as"Proposed Charter Amendment No. 6" at the next regular municipal election to be held on April 8, 1997: (a) That Article II, Section 12, of the City Charter is hereby amended to read as follows: ARTICLE II. CITY COUNCIL Section 12. City Clerk. With the approval of the Council, the City Manager shall appoint a City Clerk who shall act as Clerk of the Council and who while so employed shall be a resident of the Fort Collins Urban Growth Area. The City Clerk shall: (1) give notice of Council meetings; (2) keep a journal of Council proceedings; (3) authenticate by his or her signature and permanently record in full all ordinances and resolutions ; and (4) perform other duties required by this Charter or by the City Manager. (b) That Article III, Section 1,of the City Charter is hereby amended to read as follows: ARTICLE III. CITY MANAGER Section 1. Appointment, qualifications. The Council shall appoint and fix the compensation of a City Manager, who shall be the chief executive officer and head of the administrative branch of the city government. The City Manager shall be appointed on the basis of his or her executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice in respect to the duties of the office. Prior to appointment,the City Manager need not be a resident of the city,but during his or her tenure in office the City Manager shall reside within the city. No member of Council shall be appointed City Manager during the term for which he or she has been elected nor within one(1)year after the expiration of such term. Section 3. Absence of City Manager. To perform his or her duties during temporary absence or disability, the City Manager may designate a qualified employee of the city by letter filed with the City Clerk. If the City Manager fails to make such designation, the Council may by resolution appoint a qualified employee of the city to perform the duties of the City Manager until he or she returns or his or her disability ceases. 2 (c) That Article IV, Section 3, of the City Charter is hereby amended to read as follows: ARTICLE IV. GENERAL PROVISIONS Section 3. Residency requirement. Directors of a city department or a group of city departments, city division heads appointed after March 5, 1985, deputy city managers, and assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure in office,but need not reside within the Fort Collins Urban Growth Area prior to their appointment. (d) That Article VI, Section 1, of the City Charter is hereby amended to read as follows: ARTICLE VI. CITY ATTORNEY Section 1. Appointment. The Council shall appoint and fix the compensation of a City Attorney. The City Attorney shall be licensed to practice law in the State of Colorado during his or her tenure in office, but need not be so licensed prior to appointment. The City Attorney shall serve at the pleasure of the Council. Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall perform duties as assigned by the City Attorney,including attending Council meetings in the place of the City Attorney. (e) That Article VII, Section 1, of the City Charter is hereby amended to read as follows: ARTICLE VII. MUNICIPAL COURT Section 1. Municipal Court. There shall be a Municipal Court vested with original jurisdiction of all causes arising under the City's Charter and ordinances . The Council shall appoint a Municipal Judge. for a two (2) year term and shall fix the compensation of the Municipal Judge.. Such compensation shall in no manner be contingent upon the amount of fees, fines or costs imposed or collected. The Municipal Judge shall be licensed to practice law in the State of Colorado during his or her tenure in office,but need not be so licensed prior to appointment. In the absence of the Municipal Judge, the Council shall designate a reputable and qualified attorney to serve as a temporary judge. The Council may remove the Municipal Judge for cause. Rules of procedure, costs and fees shall be enacted by the Council upon recommendation of the Municipal Judge. 3 Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 6 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 6 AMENDMENTS TO ARTICLES II,III,IV,VI AND VII OF THE CHARTER OF THE CITY OF FORT COLLINS ADDING THE REQUIREMENT THAT DEPUTY CITY MANAGERS AND ASSISTANT CITY MANAGERS RESIDE WITHIN THE FORT COLLINS URBAN GROWTH AREA;ELIMINATING THE REQUIREMENT THAT THE CITY ATTORNEY AND THE MUNICIPAL JUDGE RESIDE WITHIN THE CITY;AND MAKING CERTAIN GRAMMATICAL AND NON-SUBSTANTIVE CHANGES. YES NO Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 1997, and to be presented for final passage on the 4th day of February, A.D. 1997. Mayor ATTEST; � City Clerk Passed and adopted on final reading this 4th day of February, A.D. 1997. yor A)�� TTEST: CityClerk 4