HomeMy WebLinkAbout023 - 02/17/1981 - CALLING FOR AND PROVIDING FOR A REGULAR CITY ELECTION TO BE HELD ON TUESDAY, APRIL 7, 1981, AND FURT ORDINANCE NO 23 1981
OF THE COUNCIL OF THE C Tir6F FORT COLLINS
BEING AN ORDINANCE CALLING FOR AND PROVIDING FOR
A REGULAR CITY ELECTION TO BE HELD IN THE CITY OF
FORT COLLINS, COLORADO, ON TUESDAY, THE 7TH DAY OF
APRIL, 1981, AND FURTHER PROVIDING FOR SPECIFIED
CHARTER AMENDMENTS TO BE SUBMITTED TO A VOTE OF THE
QUALIFIED ELECTORS OF THE CITY AT SAID ELECTION
WHEREAS, Article XVI, Section 2, of the Charter of the City of Fort
Collins provides that the Council shall provide by ordinance for the manner
of holding elections and such additional regulations in respect thereto as
may be necessary to accomplish the intent of the Charter, and
WHEREAS, the Charter further provides that where the Charter Code and
State Constitution are silent with regard to an election issue, that the
laws of the State of Colorado shall govern said issue, and
WHEREAS, Article X, Title 31, C R S , 1973, being the Municipal
Election Code, contains various provisions relating to the holding of a
regular election
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 That a regular City election be, and the same hereby is,
called as provided by law to be held in the several precincts of the City
of Fort Collins, Colorado, on Tuesday, the 7th day of April , 1981 At such
election, four (4) members of the City Council (nominated from the dis-
tricts) shall be elected to hold office for four (4) years, or at such time
as their successors shall have been elected, the term of such district
Councilmembers to commence on the first Tuesday after the second Monday in
April , 1981
Section 2 That the City Council has reviewed the City Charter and
desires to submit certain Charter Amendments to the qualified electors of
the City at said election The following proposed Charter Amendments shall
be submitted to a vote of the qualified electors of the City at said
election
PROPOSED CHARTER AMENDMENT NO 1
Amend Section 2 of Article XVI of the Charter of the City of Fort
Collins and further amend Article XVI by the addition thereto of new
Sections 2 1 and 2 2 and amend Article II, Section 1 (d) of the Charter of
the City of Fort Collins, said amended and new sections to read as follows
Article XVI
"Section 2 City elections
A general City election shall be held on the first
Tuesday after the first Monday in March 1983, and
biennially thereafter Special City elections and
run-off elections shall be held in accordance with the
provisions of this Charter and any ordinances adopted
pursuant thereto "
"Section 2 1 Votes required
Subject to the provisions of Section 2 2 of this
Article, the candidates receiving the highest number
of votes shall be elected "
"Section 2 2 Run-off elections
(a) After a general municipal election for Council-
members at-large at which at least three candi-
dates do not each receive votes equal to forty
percent (40%) of the total number of voters who
cast ballots at such election, a run-off election
shall be required for those candidates not
receiving such forty percent (40%)
(b) In the event a run-off election is required for
at-large Councilmembers, two candidates for
every at-large position not filled by a candidate
receiving at least forty percent (40%) of the
ballots cast shall appear on the ballot The
candidates appearing on the ballot shall be those
candidates who received the highest number of
votes in the general municipal election The
candidates receiving the highest number of votes
in the run-off election so far as there are
positions to be filled shall be elected
(c) Any run-off election required herein shall be
held on the first Tuesday after the first Monday
in April after the last preceding general munici-
pal election and shall substantially conform as
provided in this Charter for general elections
with such modifications as may reasonably be
required
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(d) The Board of Elections shall meet as a canvassing
board on the third day after every run-off
election and canvass the vote The board shall
determine the total number of legal votes cast
for each candidate and file a certificate with
the City Clerk declaring the results of the
elections in accordance with this Section 2 2 of
Article XVI of this Charter In the event of a
tie, the selection shall be made by the Board of
Elections by lot after notice to the candidates
affected
(e) A run-off election shall not be considered to be
a special election for purpose of Article XVII of
this Charter
(f) Each candidate in a run-off election shall be
allowed to spend for campaign purposes the
maximum amount authorized by ordinance of the
City Council for campaign expenditures by Council
candidates in a regular election
Article II, Section 1
(d) The term of office of all members of the City
Council shall be four (4) years each, or until
their successors have been elected and have taken
office as provided in this Charter Each regular
bi-annual City election shall alternate between
selecting "at-large" members of the Council and
members nominated from districts The term of
members of the Council shall begin at 10 00
o'clock a m on the first Tuesday after the
second Monday in March of the year in which they
shall have been elected, provided that in the
event a run-off election is required pursuant to
Article XVI, Section 2 2 of this Charter, the
term of all members of the City Council shall
begin on the first Tuesday after the second
Monday in April of the year in which they shall
have been elected
At said election, this issue shall be submitted in the following
language
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PROPOSED AMENDMENT NO 1
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Amendments to Article XVI (Section 2, new Sections 2 1
and 2 2) and Article II, Section 1 of the Charter
providing that after a general municipal election for
Councilmembers at large at which at least three
Council candidates do not each receive votes equal to
forty percent (40%) of the total ballots cast, a
run-off election shall be required for those candi-
dates not receiving such forty percent (40%) , provid-
ing that if a run-off election is required, two
candidates for every at-large position not filled by a
candidate receiving such forty percent (40%) shall
appear on the ballot, changing the date of the general
election from the first Tuesday after the first Monday
in April to the first Tuesday after the first Monday
in March, providing that any required run-off election
shall be held on the first Tuesday after the first
Monday in April, providing that the term of office for
members of the City Council shall begin on the first
Tuesday after the second Monday in March unless a
run-off election is required in which case said terms
shall commence on the first Tuesday after the second
Monday in April , and providing that each candidate in
a run-off election may spend the maximum amount
authorized by the Council for campaign expenditures by
candidates in a regular election
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 2
Amend Article IX , Section 3 of the Charter of the City of Fort
Collins to read as follows
"Section 3 Restriction on sale of water and electric
property
The City shall not sell , lease, or in any manner
dispose of the water or electric utility system as a
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whole unless and except the proposition for such
purpose shall first have been approved by a vote of
the electors The provisions of this section shall
not apply to the sale, lease or exchange of any part
of the water or electric utility systems, which
the Council , by ordinance, determines does not materi-
ally impair the viability of the particular utility
system as a whole and further determines is for the
benefit of the citizens of Fort Collins The pro-
visions of this section shall also not apply to the
sale of water rights no longer useful to the City of
Fort Collins nor to the exchange of certain water
rights for other water rights which would be more
useful to the City of Fort Collins "
At said election, this issue shall be submitte in the following
language
PROPOSED AMENDMENT NO 2
An Amendment to Article IX, Section 3 of the Charter
enabling the City Council to approve by ordinance and
without an election, the sale, lease or exchange of
parts of the water or electric utility systems if the
Council determines that the sale, lease or exchange
will not materially impair the viability of the
particular utility system and will benefit the
citizens of the City of Fort Collins
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 3
Amend Article IV of the Charter of the City of Fort Collins by delet-
ing therefrom Section 10 thereof and renumbering the remaining sections
accordingly
At said election, this issue will be submitted in the following
language
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PROPOSED AMENDMENT NO 3
An Amendment to Article IV of the Charter eliminating
the requirement that the City Council must approve the
discharge of any person who has been employed full
time with the City for ten consecutive years and who
is within five years of qualifying for retirement
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 4
Amend Sections 2, 5, and 6 of Article V of the Charter of the City of
Fort Collins to read as follows
Article V
°Section 2 Annual budget estimates
On or before the first Monday in September of each
year, the City Manager shall submit to the Council a
proposed budget for the next ensuing budget year with
an explanatory message The proposed budget shall
provide a complete financial plan for each fund of the
City and shall include appropriate financial state-
ments for each type of fund showing comparative
figures for the last completed fiscal year, compara-
tive figures for the current year, and the City
Manager's recommendations for the ensuing year °
°Section 5 Annual appropriations
Upon said budget as adopted, the Council shall, not
later than the last day of October in each year, pass
the 'Annual Appropriation Ordinance' in which shall be
appropriated such sums of money as the Council deems
necessary to defray all expenses and liabilities of
the City during the ensuing budget year The annual
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appropriation ordinance shall be based upon the budget
as adopted but need not be itemized further than by
fund with the exception of capital projects and
federal or state grants which shall be summarized
by individual project or grant "
"Section 6 Levy
The 'Annual Appropriation Ordinance' shall include the
proper levy in mills upon each dollar of the assessed
valuation of all taxable property within the City,
such levy representing the amount of taxes for City
purposes necessary to provide for payment during the
ensuing budget year of all properly authorized
demands against the City, including interest and
principal of general obligation bonds The Council
shall thereupon cause the total levy to be certified
by the City Clerk to the County consistent with
applicable State statutes, which shall extend the same
upon the tax list of the current year in a separate
column entitled "City of Fort Collins Taxes" , and
shall include said City taxes in his general warrant
to the county treasurer for collection If the
Council fails in any year to make said tax levy as
above provided, then the rate last fixed shall be the
levy fixed for the ensuing budget year and the direc-
tor of finance shall so certify "
At said election, this issue will be submitted in the following
language
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PROPOSED AMENDMENT NO 4
An Amendment to Article V, Sections 2, 5 and 6 of the
Charter changing the time when the City Manager is
required to submit a proposed budget to the Council
from the first Monday in October to the first Monday
in September and eliminating specific items required
to be shown on the annual proposed budget and provid-
ing that such budget contain a complete financial plan
for each fund of the City, changing the time when the
Council must adopt the annual appropriation ordinance
from the last day of November to the last day of
October and eliminating the requirement that the
annual appropriation ordinance be itemized by depart-
ments, major divisions, independent office, and agency
and providing that such appropriation ordinance be
itemized by fund except that capital projects and
grants shall be summarized by individual project or
grant, and providing that the certification of the
annual tax levy shall be made by the City Clerk
to the County consistent with applicable state sta-
tutes
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 5
Amend Article V, Section 10 of the Charter of the City of Fort Collins
to read as follows
"Section 10 Lapsed appropriations
All appropriations unexpended or unencumbered at the
end of the budget year shall lapse to the applicable
general or special fund, with the exception of
appropriations for capital projects and federal or
state grants which appropriations shall not lapse
until the completion of the capital project or until
the expiration of the federal or state grant, provided
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that nothing herein shall limit the ability of the
City Council to terminate a capital project or a
federal or state grant at any time prior to completion
of a project or expiration of a grant "
At said election, this issue will be submitted in the following
language
PROPOSED AMENDMENT NO 5
An Amendment to Article V, Section 10 of the Charter
providing that appropriations for capital projects and
federal or state grants shall not lapse to the applic-
able general or special fund until the completion
of the capital project or the expiration of the
particular grant
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 6
Amend Article V, Section 15 of the Charter of the City of Fort Collins
to read as follows
Article V
"Section 15 Appropriation of excess revenue and
transfers of appropriations
At the expiration of eight months of the budget year
or thereafter within the budget year, if the actual
revenue realized exceeds the budget estimates, the
Council may, by ordinance, appropriate the excess to
any purpose recommended by the City Manager for
expenditure during the budget year During the budget
year, the City Manager may transfer any unused budget-
ed amount or portion thereof from one budget category
to any other budget category within the same fund
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During the budget year, the Council may, by ordinance,
upon the recommendation of the City Manager, transfer
any unexpended appropriated amount or portion thereof
from one fund to another provided that the purpose for
the initial expenditure no longer exists At any time
during the budget year, the Council, by ordinance, may
appropriate revenues which were not anticipated at the
time of adoption of the annual budget and which are a
result of rate or fee increases or new revenue
sources "
At said election, this issue will be submitted in the following
language
PROPOSED AMENDMENT NO 6
An Amendment to Article V, Section 15 of the Charter
enabling the City Manager during the budget year to
transfer unused budgeted amounts from one budget
category to another within the same fund, authorizing
the City Council during the budget year to transfer
by ordinance any unexpended, appropriated amount from
one fund to another, and providing that unanticipated
revenues which are the result of rate or fee increases
or new revenue sources may be appropriated by Council
by ordinance at any time during the budget year for
expenditure in the appropriate fund
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 7
Amend Article V of the Charter of the City of Fort Collins by deleting
therefrom Section 18 thereof and renumbering the remaining sections ac-
cordingly
At said election, this issue will be submitted in the following
language
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PROPOSED AMENDMENT NO 7
An Amendment to Article V of the Charter deleting
Section 18 thereof which requires that the Council, at
the close of each fiscal year, prepare a report of the
financial transactions of the City for the preceding
year
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO 8
Amend Article V of the Charter of the City of Fort Collins by the
addition thereto of a new Section 20 9, said section to read as follows
"Article V
Section 20 9 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 valua-
tion 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 ordin-
ance adopted by the Council not inconsistent with this
Charter Any securities issued pursuant to this
Section 20 9 shall not be included in the determination
of the debt limitation contained in Section 20 3 of
this Charter "
At said election, this issue will be submitted in the following
language
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PROPOSED AMENDMENT NO 8
An Amendment to Article V of the Charter adding a new
section thereto which authorizes the City, by Council
action and without an election, to issue tax increment
securities without limitation to principal amount in
accordance with applicable state statutes payable from
ad valorem tax revenues derived from the increased
valuation of assessment of taxable property within a
plan of development or other similar area
FOR THE AMENDMENT
AGAINST THE AMENDMENT
PROPOSED CHARTER AMENDMENT NO. 9
Amend Article V of the Charter of the City of Fort Collins by the
addition thereto of a new Section 20 10, said section to read as follows
Article V
"Section 20 10 Lease-Purchase and Installment Purchase
Agreement
The Council may enter into lease-purchase and install-
ment-purchase agreements as a means of acquiring any
real or personal property for public purposes Such
agreements may include an option or options to purchase
and acquire title to such property No such agreement
shall be made for a term exceeding the useful life of
the property or thirty (30) years, whichever is the
lesser The Council , by ordinance and without an
election, may pledge the full faith and credit and
general taxes of the -City to the payment of its obliga-
tions under any such agreement and may enter into such
covenants regarding the rights of the lessor - vendor
in the property upon default as the Council may deem
necessary or appropriate The Council may also provide
for any limited source of payment it may determine
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Nothing herein shall be construed to alter the require-
ments of this Charter with respect to the levy or
imposition of any tax pledged to the payment of such
agreements as herein provided Any property acquired
or used by the city under the provisions of this
Section shall be considered municipal property and
shall be exempt from general property taxes during the
term of such agreement Any agreement entered into
pursuant to this Section 20 10 payable in whole or in
part from the proceeds of ad valorem taxes of the city,
shall not be included in the determination of the debt
limitation provisions contained in Section 20 3 of this
Charter "
At said election, this issue will be submitted in the following
language
PROPOSED AMENDMENT NO 9
An Amendment to Article V of the Charter adding a new
section thereto which authorizes the City to enter
into lease-purchase or installment purchase agreements
without limitation as to amount for the purpose of
acquiring real and personal property for public
purposes and providing that the term of such agreement
shall not exceed the lesser of the useful life of the
property or 30 years, that the Council, by ordinance
and without an election, may pledge the full faith and
credit and general taxes of the City as payment for
its obligation under such an agreement and enter into
such default covenants as the Council may deem neces-
sary or appropriate and further that any property so
acquired shall be exempt from general property taxes
during the term of the agreement
FOR THE AMENDMENT '�
AGAINST THE AMENDMENT
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PROPOSED CHARTER AMENDMENT NO 10
Amend Section 1 of Article XX of the Charter of the City of Fort
Collins by deleting therefrom in the first sentence thereof, the term "five
members" and substituting the term "seven members" therefor
At said election, this issue shall be submitted in the following
language
PROPOSED AMENDMENT NO 10
An Amendment to Article XX, Section 1 of the Charter
increasing the number of members of the Library Board
from five to seven
FOR THE AMENDMENT
AGAINST THE AMENDMENT
Section 3 That said election shall be held and conducted as nearly
as may be practicable in the manner prescribed by the Municipal Election
Code (Article X, Title 31, C R S , 1973) Each person offering to vote in
said election must be a qualified elector registered to vote in the
City of Fort Collins Voting machines shall be used at the election
Section 4 The City Clerk shall publish such notices of the election
and of the issues to be voted upon as may be required by law
Section 5 That the Board of Elections shall provide for a canvass of
returns of said election and for issuance of appropriate certificates as
provided in Section 6 and 12 of Article XVI of the City Charter
Introduced, considered favorably on first reading, and ordered pub-
lished this 3rd day of Fgbruary 1981, and to be presented for
final passage 65 the 17 h day of 1981
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ATTEST
1,
City Clerk
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Passed and adopted on final reading this 17th day of February ,
1981
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ATTEST
i y Clerk
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