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HomeMy WebLinkAbout018 - 02/15/1973 - SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL I ORDINANCE NO 1973 BEING AN ORDINANCE SUBMITTINGCE ERTAIN PROPOSED CHARTER AMEM'vUUS TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL CITY ELECTION TO BE HELD ON APRIL 3, 1973 WHEREAS the general city election will be held on April 3 1973 and WHEREAS, a committee has been previously appointed to review the City Charter and make recommendations to the Council on proposed Charter amendments to be submitted to the voters at said election and WHEREAS such committee has made its report and recommendations and the Council desires to submit certain Charter amendments recommended by the committee to the qualified electors of the City NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS At the general City election to be held on April 3 1973 the following proposed Charter amendments shall be submitted to a vote of the qualified electors of the City REFERRED CHARTER AMEND4ENT NO 1 Amend Section 6 of Article II of the Charter by deleting from the second paragraph of said section the following All ordinances presented shall be read in full at the first reading thereof however the second reading of such ordinance shall consist only of reading the title thereof unless any memoer of the City Council requosts that such ordinance be read in full in which case such ordinance shall be read in full at second reading and by substituting therefor the following i Reading of an ordinance shall consist only of reading the title thereof provided that copies of the full ordinance pro posed 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 inspec tion and copying by the general public, and provided further that any member of the City Council may request that an ordin ante be read in full at any reading of the same in which case such ordinance shall be read in full at such reading " and Amend Section 7 of Article II of the Charter by deleting there from the first paragraph thereof and by substituting therefor the follow ing Every proposed ordinance except an emergency ordinance snall be published once in full at least seven 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 fur ther publication of such ordinance shall be required except that the Clerk shall within five days after final passage of any such ordinance publish a notice of such final pas sage which shall contain the number and title of such or dinance All ordinances except emergency ordinances shall take effect on the loth day following their passage An emergency ordinance shall take effect upon passage and shall be published as provided above within five days thereof ' REFERRED CHARTER AMUMNIENT NO 2 Amend Section 1 Article XV of the Charter to read as follows Section 1 Appointment The Council shall appoint a City Attorney who shall serve at the pleasure of the Council At the time of his appointment the City Attorney need not be a resident of the City but during his tenure of office he shall reside within the City Any person so appointed shall be duly licensed to practice law in the State of Colorado The Council shall fix the compensation of the City Attorney Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall perform such duties as shall be assigned by the City Attorney, including attending Council meetings in the place of the City Attorney ' 2 REFERRED CHARTER Ab1ENDINIENT NO 3 Amend Part II of Article V of the Charter to read as follows 'Part II Mmicipal Borrowing Section 20 1 Forms of borrowing The City may borrow money and issue the following securities to evidence such indebtedness a Short term notes b General obligation bonds c Revenue bonds d Special or local improvement bonds e Any other securities not in contra vention of this Charter Section 20 2 Short term notes The City is hereby authorized to borrow money by Council action an without an election in anticipation of the collection of taxes or other revenues and to issue short term notes to evidence the amount so borrowed Any such short term notes payable in whole or part from ad valorem taxes shall be issued after the annual levy of taxes and be payable in full within twelve months from their date except as otherwise specifically provided in this Charter Section 20 3 General obligation securities Except as other wise provided in this Part I1 of Article V of t is after 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 shall at a special or regular election be submitted to a vote of t'le electors of the City and ap proved by a majority of those voting on the question The aggregate amount of such securities as are described in this Section shall not exceed ten per cent (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 shall not be included in the determination of such debt limitation Section 20 4 Revenue securities The City by Council action and without an election may issue securities made payable solely from revenues derived from the operation of the project or capital improvement acquired with the securities' proceeds or from other projects or improvements or from the proceeds of any sales tax use tax or other excise tax or solely from any source or sources or any combination thereof other than ad valorem taxes of the City Section 20 5 Refunding securities The Council may authorize without an election issuance of refunding securities for the purpose of refund ing and providing for the payment of outstanding securities or other obliga tions of the City as the same mature, or in advance of maturity by means of 3 J � r an escrow or otherwise Nb refunding securities (other than water 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 Section 20 6 Special improvement 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) When all outstanding securities for a special or local improve ment district have been fully paid and money remains to the credit of the district it shall be transferred to a surplus and deficiency fund but moneys in the surplus and deficiency fund in excess of the total principal amount of the outstanding special assessment securities of the City may be withdrawn by Council action and used for any public purpose Whenever there is a deft ciency in any special or local improvement district fund to meet the payment of outstanding securities and interest due thereon the deficiency shall be paid out of the surplus and deficiency fund (c) 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 Section 20 7 Terms and disposal of securities The terms and maximum interest rate of all securities s all be fixed by the ordinance authors zing the borrowing and providing for its payment and all securities shall be sold or exchanged as determined by the Council If bonds are publicly sold Council action awarding the sale of securities, and thereby establishing the interest rates and price paid for the securities may be by resolution Section 20 8 Limitation of actions Nb action or proceeding at law or in equity to review any elections acts or proceedings or to ques tion the validity of or enjoin the issuance or payment of any securities issued in accordance with their terms or t%e levy or collection of any assess ments or for any other relief against any acts or proceedings of the City done or had under this Part II of Article V of this Charter shall be main tained against the City unless commenced within thirty (30) days after the election or performance of the act or the effective date of the resolution or ordinance complained of, or else be thereafter perpetually barred 4 s i i I I Section 21 No additional limitations Section 7 of Part I of Article V of this Charter shall ve no application to the payment of securities issued hereunder Except as provided by this Part II of Article V of this Charter there shall be no limitations on the authority of the City to incur indebtedness or to issue securities REFERRED CHARTER AMENDMENT NO 4 Amend Section 8, Article V of the Charter by adding in the last sentence of such section after the words the actual necessity of which is caused by any casualty accident or unforseen contingency arising after the passage of the annual appropriation ordinance ' the following words nor shall anything herein contained prevent the council frori providing by ordinance for payment of any expense from reserves accumulated in prior years, notwithstanding that such reserves were not appropriated for expenditures in the annual appropriation ordinance " and Amend Section 15 Article V of the Charter by adding at the end of said section the following words If revenues not anticipated in the budget are received which are designated by the source providing the same for expenditure for a particular purpose the Council may at any time during the year in which such revenues were received authorize by ordinance the expenditure of such revenues or any part thereof notwithstanding the fact that such revenues were not appropriated for expenditure in the annual appropriation ordinance ' and Amend Section 19 Article V of the Charter by adding at the end of said section the following 5 s ' and except that this provision shall not prevent expenditures from reserves accumulated in prior years " and, Amend Section 5 of Article V of the Charter by changing the word October" therein to November' REFERRED CHARTER AM NDME U NO 5 Amend Section 16 Article II of the Charter to read as follows Section 16 Contracts with other governmental bodies The Council may by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies REFERRED CHARTER AMENDMFU NO 6 Amend Section 5, Article II of the Charter by changing part (b) to read as follows (b) By ordinance create change, consolidate and aoolish offices departments or agencies, whether created by the Charter or other wise and to assign functions and duties to the same and to any offices departments or agencies established by this Charter pro vided that the functions established in the Charter for any depart ment shall not be abolished and Amend Section 2 of Article IV of the Charter to read as follows Section 2 Administrative Branch The administrative branch of the City Government shall be composed of the offices, depart ments and agencies established by this Charter and such others as may be established by ordinance upon recommendation of the City Manager and, Delete Article VI from the Charter and, Delete Article VIII from the Charter, 6 t and Amend Section 1 of Article XII of the Charter by substituting a period for a comma after the word "created' and by deleting the following words, to wit the head of which shall be ex officio city engineer and, Amend Section 29 of Article V to read as follows Section 29 Department Created A department of purchases shall be created and the head thereof shall be the purchasing agent for all departments and other agencies of the City ' and Amend Section 9 Article XVI of the Charter to read as follows Section 9 Judges The Board of Elections shall not less than 20 days before any general city election appoint not fewer than three judges as an election board in each precinct to serve until the next general city election Such judges shall be quali fled electors in their precincts The Board of Elections shall fill all vacancies in precinct election boards and Amend Section 10 Article XVI of the Charter by deleting there from the words and clerks REFERRED CHARTER M4MNIENT NO 7 Amend Section 8 Article IV of the Charter to read as follows Section 8 Charter Amendments This Charter may be amended at any time in the manner provided by the laws of the State of Colorado REFERRED CHARTER AiNIENDMENT NO 8 Amend Section 4 of Article XIX of the Charter by deleting from the next to the last sentence thereof the following words, to wit or to building inspection " 7 t Introduced considered favorably on first reading, and ordered i published this day of - _, A D 1973, and to be presented for final passage on the „' day of A D 1973 yor ATTEST City Clerk A D 1973 Passed and adopted on final reading this 12��day of Mayor ATTEST ��//✓ m -�C-CSC-C City Clerk 8