HomeMy WebLinkAbout034 - 02/18/2020 - AMENDING CHAPTER 1 OF CITY CODE TO ESTABLISH STANDARDS FOR SENTENCES TO PROBATION AND DEFERRED JUDGMORDINANCE NO. 034, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF FORT
COLLINS TO ESTABLISH STANDARDS FOR SENTENCES TO
PROBATION AND DEFERRED JUDGMENTS AND SENTENCES
WHEREAS, the City Council provided funds for hiring and employment of a probation
officer by the Fort Collins Municipal Court in the 2020 budget; and
WHEREAS, probation, which is an alternative to fines and jail time, provides a benefit to
both offenders and the community in allowing for rehabilitative action and appropriate
supervision; and
WHEREAS, Municipal Court is increasingly sentencing individuals with needs that can be
addressed through a probationary sentence, such as substance abuse disorders and mental health
issues; and
WHEREAS, supervision by probation will increase the likelihood that individuals will
engage in treatment and complete sentencing requirements and increase early intervention and
rehabilitation for municipal offenders; and
WHEREAS, probationary sentences are lower cost than incarceration and will allow low -
risk offenders to remain in the community and work toward greater stability and productivity; and
WHEREAS, in order to effectively run a probation division, the City needs to establish
both authority to sentence to probation and procedures for revocation of probation; and
WHEREAS, deferred judgements and sentences allow offenders to complete certain
conditions and have their guilty pleas withdrawn and the case dismissed; and
WHEREAS, conditions placed on a deferred judgment and sentence would be
appropriately supervised by a probation division; and
WHEREAS, a uniform procedure for revoking probation and/or a deferred judgment and
sentence ensures fairness and due process; and
WHEREAS, guidance and express authorization for imposing probation sentences will
ensure Municipal Court judges sentence consistently and fairly; and
WHEREAS, the City Council has determined that the proposed amendments are in the best
interests of the City and are necessary for the health, safety, and welfare of the City's citizens.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 1 of the Code of the City of Fort Colins is hereby amended by
adding new Sections 1-25 through 1-28 to read as follows:
Sec. 1-25. Sentences to Probation.
(a) A person who has been convicted of a non -traffic offense is eligible to apply to the
Municipal Court for probation. A person may be referred to or ordered to probation for supervision
of conditions of any deferred judgment and sentence agreement.
(b) The Municipal Court may grant the defendant probation for such period and upon such
terms and conditions as it deems just and appropriate, balancing the best interests of both the public
and the defendant. The length of probation is at the Municipal Court's discretion and may exceed
the maximum period of incarceration authorized for the classification of the offense of which the
defendant is convicted but shall not exceed two (2) years.
(c) If the Municipal Court grants the defendant probation, the order placing the defendant on
probation shall take effect upon entry and, if any appeal is brought, shall remain in effect pending
review by an appellate court unless the court grants a stay of probation. Unless an appeal is filed
that raises a claim that probation was granted contrary to law, the Municipal Court shall retain
jurisdiction of the case.
(d) In addition to imposing other conditions, if the conviction is for a misdemeanor, the
Municipal Court may impose jail as a condition of probation. The aggregate length of any such
commitment whether continuous or at designated intervals may not exceed sixty (60) days.
(e) The Municipal Court, in its discretion may grant probation to a defendant unless it is
satisfied that imprisonment is the more appropriate sentence because:
(1) There is undue risk that during a period of probation the defendant will commit
another crime; or
(2) the defendant is in need of correctional treatment that can most effectively be
provided by a sentence to imprisonment; or
(3) a sentence to probation will unduly depreciate the seriousness of the defendant's
crime or undermine respect for law; or
(4) the defendant's past criminal record indicates that probation would fail to
accomplish its intended purposes; or
(5) the crime, the facts surrounding it, or the defendant's history and character do not
justify the granting of probation.
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(f) The following factors, or the converse thereof where appropriate, while not controlling the
discretion of the Municipal Court, shall be accorded weight in making determinations called for
by this Section:
(1) the defendant's criminal conduct neither caused nor threatened serious harm to
another person or his or her property;
(2) the defendant did not plan or expect that such criminal conduct would cause or
threaten serious harm to another person or his or her property;
(3)
the defendant acted under strong provocation;
(4) there were substantial grounds which, though insufficient to establish a legal
defense, tend to excuse or justify the defendant's conduct;
(5) the victim of the defendant's conduct induced or facilitated its commission;
(6) the defendant has made or will make restitution or reparation to the victim of the
defendant's conduct for the damage or injury which was sustained;
(7) the defendant has no history of prior criminal activity or has led a law-abiding life
for a substantial period of time before the commission of the present offense;
(8) the defendant's conduct was the result of circumstances unlikely to recur;
(9) the character, history, and attitudes of the defendant indicate that the defendant is
unlikely to commit another crime;
(10) the defendant is particularly likely to respond affirmatively to probationary
treatment;
(11) imprisonment would entail undue hardship to the defendant or the defendant's
dependents;
(12) the defendant is elderly or in poor health;
(13) the defendant did not abuse a public position of responsibility or trust;
(14) the defendant cooperated with law enforcement authorities
offenders to justice, or otherwise.
Nothing in this Section shall be deemed to require explicit reference to
presentence report or by the Municipal Court at sentencing.
Sec. 1-26. Conditions of Probation.
by bringing other
these factors in a
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(a) The conditions of probation shall be such as the Municipal Court in its discretion deems
reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the
defendant in doing so. Mandatory conditions of probation shall include:
(1) that the defendant not commit another offense during the period for which the
sentence or deferred judgment and sentence remains subject to revocation;
(2) that the defendant make restitution if ordered;
(3) that the defendant comply with any court orders regarding substance abuse testing
and treatment; and
(4) that the defendant not harass, molest, intimidate, retaliate against, or tamper with
the victim of or any prosecution witnesses to the crime, unless the Municipal Court makes
findings that such condition is not necessary.
(b) When granting probation, the Municipal Court may, as a condition of probation, require
that the defendant:
(1) work faithfully at a suitable employment or faithfully pursue a course of study or
of vocational training that will equip the defendant for suitable employment;
(2) undergo available medical or psychiatric treatment and remain in a specified
institution if required for that purpose.
(3) participate in restorative justice practices, if available, and the defendant is
determined suitable by a designated restorative justice practices facilitator. Failure to
complete the requirements arising from a restorative justice conference may be considered
a violation of probation. Nothing in this subparagraph shall be construed to require a victim
to participate in restorative justice practices or a restorative justice victim -offender
conference.
(4) pay reasonable costs of the Municipal Court proceedings or costs of supervision of
probation, or both.
(5) pay any fines or fees imposed by the Municipal Court or complete useful public
service in lieu of payment if the defendant is deemed indigent by the Municipal Court;
(6) refrain from possessing a firearm, destructive device, or other dangerous weapon
unless granted written permission by the Municipal Court or probation officer;
(7) refrain from use or excessive use of alcohol or any unlawful use of controlled
substances, or of any other dangerous or abusable drug without a prescription; except that
the Municipal Court shall not, as a condition of probation, prohibit the possession or use
of medical marijuana, unless the Municipal Court determines, based on any material
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evidence, that a prohibition against the possession or use of medical marijuana is necessary
and appropriate to accomplish the goals of sentencing;
(8) report to a probation officer at reasonable times as directed by the Municipal Court
or the probation officer;
(9) remain within the jurisdiction of the Municipal Court, unless granted permission to
leave by the Municipal Court or the probation officer;
(10) answer all reasonable inquiries by the probation officer and promptly notify the
probation officer of any change in physical, mailing and email addresses, phone numbers
or employment;
(11) be subject to home detention;
(12) be subject to electronic or global position monitoring;
(13) satisfy any other conditions reasonably related to the defendant's rehabilitation and
the purposes of probation;
(14) participate in drug treatment. If the defendant's assessed treatment need is for
residential treatment, the Municipal Court may make residential drug treatment a condition
of probation;
(15) attend school or an educational program or to work toward the attainment of a high
school diploma or the successful completion of a high school equivalency examination;
except that the Municipal Court shall not require any juvenile to attend a school from which
such juvenile has been expelled without the prior approval of that school's local board of
education;
(16) participate in Special Agency Session or other programs.
(c) A defendant who is granted probation or is on a deferred judgment and sentence supervised
by probation shall be given a written statement explicitly setting forth the conditions of probation
or probation supervised deferred judgment and sentence.
(d) For good cause shown and after notice to the defendant, the City Attorney's Office, and
the probation officer, and after a hearing if the defendant or the City Attorney's Office requests it,
the Judge may reduce or increase the term of probation or alter the conditions or impose new
conditions.
Sec. 1-27. Deferred Judgment and Sentence.
(a) In any case in which the defendant has entered a plea of guilty or no contest, the Municipal
Court has the power, with the written consent of the defendant, the defendant's attorney of record,
and the City Attorney's Office, to continue the case for the purpose of entering judgment and
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sentence upon the plea of guilty for a period not to exceed two (2) years. The period shall begin to
run from the date that the Municipal Court continues the case.
(b) Prior to entry of a plea of guilty or no contest to be followed by deferred judgment and
sentence, the City Attorney's Office, in the course of plea discussion is authorized to enter into a
written stipulation, to be signed by the defendant, the defendant's attorney of record, and the City
Attorney's Office, under which the defendant is obligated to adhere to such stipulation. The
conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part
of probation and a deferred judgment and sentence may be supervised by a probation officer. In
addition, the stipulation may require the defendant to perform community or charitable work
service projects or make donations thereto.
(c) Upon full compliance by the defendant with the written conditions of a stipulation, the plea
of guilty or no contest previously entered shall be withdrawn and the charge upon which the
judgment and sentence of the Municipal Court was deferred shall be dismissed with prejudice and
the defendant given notice of eligibility to seal municipal records pertaining to the case dismissed.
(d) When, as a condition of the deferred judgment and sentence, the Municipal Court orders
the defendant to make restitution and has determined that the defendant has the ability to pay,
evidence of failure to pay the restitution shall constitute prima facie evidence of a violation.
(e) Whether a breach of condition has occurred shall be determined by the Municipal Court
without a jury upon motion of the City Attorney's Office and upon notice of hearing thereon of
not less than seven (7) days to the defendant or the defendant's attorney of record. Failure of the
defendant to appear before the Municipal Court as required shall be deemed a violation of the
conditions of a deferred judgment and sentence supervised by probation and the Municipal Court
may issue a warrant for the defendant's arrest.
(f) Application for entry of judgment and imposition of sentence may be made by the City
Attorney's Office at any time within the term of the deferred judgment and sentence or within
thirty-five (35) days thereafter.
(g) The burden of proof at the hearing shall be by a preponderance of the evidence, and the
procedural safeguards required in a revocation of probation hearing shall apply.
(h) When a defendant signs a stipulation providing that judgment and sentence shall be
deferred for a time certain, defendant waives all rights to a trial.
(i) A warrant for the arrest of any defendant for breach of a condition of a deferred judgment
and sentence may be issued by any judge of the Municipal Court upon the report of a probation
officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge
probable cause to believe that a condition of the deferred judgment and sentence has been violated
and that the arrest of the defendant is reasonably necessary.
Sec. 1-28. Revocation of probation or deferred judgment and sentence supervised by
probation.
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(a) If a probation officer has reason to believe that the conditions of probation or a deferred
judgment and sentence have been violated by any defendant on probation or under probation
supervision of conditions of a deferred judgment and sentence, the probation officer may notify
the prosecutor. The prosecutor may file a motion to revoke probation and request a hearing. The
Municipal Court may issue notice of hearing requiring the defendant to appear before the
Municipal Court at a specified time and place to answer charges of violation of the conditions of
probation. The motion to revoke and request for hearing shall contain a brief statement of the
violation and the date and place thereof. A copy of the motion shall be given to the defendant a
reasonable length of time before the defendant's scheduled appearance in Municipal Court.
(b) Failure of the defendant to appear before the Municipal Court as required shall be deemed
a violation of the conditions of probation or conditions of a deferred judgment and sentence
supervised by probation and the Municipal Court may issue a warrant for the defendant's arrest.
(c) At the first appearance of the defendant in Municipal Court or at the commencement of the
hearing, whichever is first in time, the Municipal Court shall advise the defendant of his or her
rights in the revocation proceeding, including the right to court -appointed counsel if qualifies as
indigent and that there is no right to a trial by jury in proceedings for revocation of probation.
(d) At or prior to the commencement of the hearing, the Municipal Court shall advise the
defendant of the alleged violations of conditions of probation and the possible penalties and shall
require the defendant to admit or deny the allegations.
(e) At the hearing, the prosecution has the burden of establishing by a preponderance of the
evidence the violation of a condition of probation; except that the commission of a criminal offense
must be established beyond a reasonable doubt unless the defendant has been convicted thereof in
a criminal proceeding. The Municipal Court may, when it appears that the alleged violation of
conditions of probation consists of an offense with which the defendant is charged in a criminal
proceeding then pending, continue the probation revocation hearing until the termination of the
criminal proceeding.
(0 When, in a revocation hearing, the alleged violation of a condition is the defendant's failure
to pay court -ordered compensation to appointed counsel, probation fees, court costs, restitution, or
reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. Any
evidence having probative value shall be received regardless of its admissibility under the
exclusionary rules of evidence if the defendant is accorded a fair opportunity to rebut hearsay
evidence. The Municipal Court shall not revoke probation for failure to pay unless the Municipal
Court has made findings on the record, after providing notice to the defendant and a hearing, that
the defendant has the ability to comply with the Municipal Court's order to pay a monetary amount
due without undue hardship to the defendant or the defendant's dependents and that the defendant
has not made a good -faith effort to comply with the order.
(g) For purposes of subsection, a defendant or a defendant's dependents arc considered to
suffer undue hardship if they would be deprived of money needed for basic living necessities, such
as food, shelter, clothing, necessary medical expenses, or child support. In determining; whether a
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defendant is able to comply with an order to pay a monetary amount without undue hardship to
the defendant or the defendant's dependents, the Municipal Court shall consider:
(1)
(2)
(3)
whether the defendant is experiencing homelessness;
the defendant's present employment, income, and expenses;
the defendant's outstanding debts and liabilities, both secured and unsecured;
(4) whether the defendant has qualified for and is receiving any form of public
assistance, including food stamps, temporary assistance for needy families, medicaid, or
supplemental security income benefits:
(5) the availability and convertibility. without undue hardship to the defendant or the
defendant's dependents, of any real or personal property owned by the defendant;
(6) whether the defendant resides in public housing;
(7) whether the defendant's family income is less than two hundred percent of the
federal poverty line, adjusted for family size; and
(8) any other circumstances that would impair the defendant's ability to pay.
(h) If the defendant is in custody, the hearing shall be held within fourteen (14) days after the
filing of the complaint, unless delay or continuance is granted by the court at the instance or request
of the defendant or for other good cause found by the Municipal Court justifying further delay.
(i) If the defendant fails to appear at the hearing referenced in this paragraph after receiving
notice, the Municipal Court may issue a warrant for his or her arrest for failure to appear.
(j) If the Municipal Court determines that a violation of a condition of probation has been
committed, it shall, within seven (7) days after the said hearing, either revoke or continue the
probation. If probation is revoked, the Municipal Court may then impose any sentence or grant
any probation pursuant to the provisions of Code Section 1-15 which might originally have been
imposed or granted.
Introduced, considered favorably on first reading, and ordered published this 4th day of
February, A.D. 2020, and to be presented for final n the 18th day Qf February, A.D. 2020.
Mayor
ATTEST:
Passed and adopted on final reading on the 18th day of February, A.D. 2020.
ATTEST:
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Account #: FTC-003160
FORT•COLLINS
OLO
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on 1
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
STATE OF COLORADO
) ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER
I, being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan;_. that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins, in said county and state; that the notice or advertisement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
02/09/20
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Subscribed and sworn to before me, within the County of Brown, State of Wisconsin this
10th of February 2020.
.001111
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# of Affidavits :1
This is not an invoice
Legal Clerk
(votary Public
Notary Expires
Legal No.0004043147
Affidavit Prepared
Monday. February 10. 2020 8:56 am
NOTICE 15 HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
February 4, 2020, passed and adopted
the following ordinances on first
rending. These ordinances will be pre-
sented for final passage on February 18,
2020:
ORDINANCE NO. 021, 2020
OF THE COUNCIL OF THE
ITY OF
FORT COLLINSS
MAKING APPROPRIATIONS AND AU-
THORIZNG TRANSFERS AU -
OF
APPROPRIATIONS FOR THE RE-
STORATIVE JUSTIRCAME SERVICES
PROG
ORDINANCE NO. 022, 2020
OF THE COUNCIL OF
COLLINSNE ITY OF
S
AMENDIIND E CHAPTER
OTHE C19 OF THE
COOF FORT COLLINS
L REGOURTARDING MU-
NICIPORDINANCE NO. 023, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO RECLASSIFY
OF-
FENSES AND UPDATE THE POTEN-
TIAL
MONETARY PENALTY FOR CODE
VIOLATIONS
ORDINANCE NO. 024, 2020
OF THE COUNCIL
CO F TI-I CITY OF
FAMENDING CODE OF THE ICITY ON 7OF2THE OF
FORT
COLLINS REGARDING THE OF-
FENSE OF THROWING MISSILES
ORDINANCE NO. 025, 2020
OF THE COUNCILCUOF THE LLINS CITY OF
FORT AMENDING VARIOUS SECTIONS OF
THE FORT COLLINS TRAFFIC CODE
ORDINANCE NO. 026, 2020
OF THE COUNCIL COLOF
HSE CITY OF
FORTANNEXING THAS PROPERTY KNOWN
SOLDIER CANYON
PUMP
STATION
ON
TO THE CITY
OFF FORT
COLLINS,
COLORDINANCE NO. 027, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING
PURPOSES THEE PROPERTY IN-
CL
IN THE SOLDIER CANYON PUMP
STATION ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO,
AND
CHANGES OTO THE RESIDENTIAL VING G
NEIGHBORHOODAP SSIGN DISTRICT
ORDINANCE NO, 028, 2020
OF THE CO NC LOF LITHE
NCITY OF
FORTANNEXING THEASPROPERTY KNOWN
TIMBERLII EXE-INTERNAT
IEN NO. TONAL AN -
TO THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO. 029, 2020
OF THE CO UCITY OF
RT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND FOR
PURPOSESIFYING THE ROPERTTYING IN-
CLUDED
IN THE
ANNE ANNEXATION NTERNATION-
AL1 TO THE CITY
OF ACOLLINS, COLORADO, AND
P ROVING CORRESPONDING
CHANGES TO THE RES
NEIGHBORHOOD S GNIDENTIAL DISTRICT
MAP
ORDINANCE NO. 030, 2020
OF THE COUNCIL COF THE
CITY OF
FORTANNEXING THE PROPERTY KNOWN
AS THE TIMBERLINE -INTERNA-
TIONAL ANNEXATION NO. 2 TO THE
CITY OF FORT COLLINS, COLORADO
ORDINANCE NO. 031, 2020
OF THE COUNCIL CO OF
THE
CITY OF
FORTAMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYINGOS-
ES THEPROPERTY NC INCLUDED IN
THE TIMBERLINE -INTERNATIONAL
ANNEXATION NO. 2 TO THE CITY OF
FORT COLLINS, COLORADO, AND
APPROVING CORRESPONDING
CHANGES TO
THE RESIDENTIAL
SIGN DISTRICT MAP NEIGHBORHOOD
ORDINANCE NO. 032, 2020
OF THE COUNCIL COLLINS CITY OF
FORTANNEXING THE PROPERTY KNOWN
AS THE TIMBERLINE -INTERNA-
TIONAL ANNEXATION NO. 3 TO THE
CITY OF FORT COLLINS, COLORADO
ORDINANCE NO, 033, 2020
OF THE COUNCIL
CO F TI-I CITY OF
AMENDINGFTHE
THE CITY OF FORT COLLINSAND CLASSF FOR
G
NG
PURPOSESITHENPROPERTYI IN-
CLUDED IN
THE TIMBERLINE -INTERNATIONAL
ANNEXATION FORT COLLINS, COLORADO, . 3 TO THE IOFTY ANDI�
APPROVING CORRESPONDING
RRES S ONDINGCHANNNN
THE RESIDENTIALSIGN DISTRICT MAP NEIGHBORHOOD
ORDINANCE NO. 034, 2020
OF THE COUNCIL
O OF THE
INCITY OF
AMENDINGFORT 1
CODE OF THE CITY OF FORT
THE
COLLINS
TO ESTABLISH STANDARDS FOR
SENTENCES TO PROBATION AND
DEFERRED JUDGMENTS AND SEN-
TEN
ORDINANCE NO. 035, 2020
OF THE CO NCILOOFL H CITY OF
RE-
SERVESFOTO PURCHASE PROPERTY
ON NORTH COLLEGE AVENUE FOR
THE AFFORDABLE HOUSING LAND
BANK
ORDINANCE NO. 036, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINSAPPR
PRIATING UNANTICIPATED
GRANOT REVENUE AND AUTHORIZ-
ING TRANSFERS IN THE NATURAL
AREAS FUND UB OUT-
DOORS PROGRAM
The full text of these ordinances can be
found at http://fcgoV.comlpublicnotices
or by calling the City Clerk's Office at
(970) 221-6515.
0004043147
Coloradoan
Feb. 9, 2020
Account #: FTC-003160
uJ
FORT•COLLINS
am
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on 1
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
Ad#:0004069046
P0:2/18SR
# of Affidavits :1
This is not an invoice
STATE OF COLORADO
) ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER
I, being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that
the same is a daily newspaper of general- circulation and printed and published —in the City of Fort
Collins, in said county and state; that the notice or advertisement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
02/23/20
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Subscribed and sworn to before me, xvithin the County of Brown, State of Wisconsin this
24th of February 2020.
\`�\w" I l i i l l l4.,
- i ‘OTAR -
®04:110 _.
��'•. PU B LAC : ?•
Legal Clerk
Notary Public
Notary Expires
Legal No.0004069046
: ntdavit Prepared
Monday. February 24. 2020 8:43 am
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
February 18, 2020, passed and adopted
the following ordinances on second
reading:
ORDINANCE NO. 014, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROVING THE MONTAVA PUD
MASTER PLAN AND
MONTAVA PUD OVERLAY,
ODP 180002
ORDINANCE NO. 015, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING A DEVELOPMENT
AGREEMENT EXTENDING THE
TERM OF
VESTED RIGHTS FOR THE
MONTAVA PUD OVERLAY AND
REGARDING
CERTAIN TERMS OF
DEVELOPMENT WITHIN THE
MONTAVA PUD OVERLAY
ORDINANCE NO. 021, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MAKING APPROPRIATIONS AND
AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE
RESTORATIVE JUSTICE SERVICES
PROGRAM
ORDINANCE NO. 022, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 19 OF THE
CODE OF THE CITY
OF FORT COLLINS REGARDING
MUNICIPAL COURT
ORDINANCE NO. 023, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO RECLASSIFY
CERTAIN OFFENSES AS PETTY
OFFENSES AND UPDATE THE
POTENTIAL
MONETARY PENALTY FOR CODE
VIOLATIONS
ORDINANCE NO. 024, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING SECTION 17.102OF THE
CODE OF THE CITY OF FORT
COLLINS REGARDING THE
OFFENSE OF THROWING MISSILES
ORDINANCE NO. 025, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING VARIOUS SECTIONS OF
THE FORT COLLINS TRAFFIC CODE
ORDINANCE NO. 026, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE
SOLDIER CANYON PUMP STATION
ANNEXATION
TO THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO. 028, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE
TIMBERLINE -INTERNATIONAL
ANNEXATION NO. 1
TO THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO. 030, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE TIMBERLINE -
INTERNATIONAL ANNEXATION
NO. 2 TO THE CITY OF FORT
COLLINS, COLORADO
ORDINANCE NO. 032, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE TIMBERLINE -
INTERNATIONAL ANNEXATION
NO. 3 TO THE CITY OF FORT
COLLINS, COLORADO
ORDINANCE NO. 034, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 1 OF THE
CODE OF THE CITY OF FORT
COLLINS
TO ESTABLISH STANDARDS FOR
SENTENCES TO PROBATION AND
DEFERRED JUDGMENTS AND
SENTENCES
ORDINANCE NO. 035, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR
RESERVES TO PURCHASE
PROPERTY
ON NORTH COLLEGE AVENUE FOR
THE AFFORDABLE HOUSING LAND
BANK
ORDINANCE NO. 036, 2020
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE AND
AUTHORIZING TRANSFERS IN THE
NATURAL AREAS FUND FOR THE
CLUB OUTDOORS PROGRAM
The full text of these ordinances can be
found at http://fcgov.com/Publicnotices
or by coiling the City Clerk's Office at
(970) 221-6515.
0004069046
The Coloradoan
Feb 23, 2020