HomeMy WebLinkAbout102 - - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO SECTION 1 OF ARTPostponed Indefinitely on First Reading
8/8/17
ORDINANCE NO. 102, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO
SECTION 1 OF ARTICLE VII OF THE CITY CHARTER PERTAINING
TO THE JURISDICTION OF MUNICIPAL COURT TO HEAR CIVIL CASES
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, as provided in Article XX, Section 9 of the Colorado Constitution and
Section 31-2-210(1)(b), Colorado Revised Statutes, Charter amendments may be initiated by the
City Council’s adoption of an ordinance submitting a proposed amendment to a vote of the
City’s registered electors and Council must adopt in that ordinance a ballot title for the
amendment; and
WHEREAS, the Council has determined that the Municipal Court is not well situated to
hear civil cases in addition to the City Charter and City ordinance violations that have
traditionally been heard there; and
WHEREAS, historically such civil cases have been filed not in Municipal Court but in
Larimer County District Court, with one recent exception, and the District Court is an
appropriate and practical forum for review of these cases; and
WHEREAS, the right of persons to seek redress and review in Larimer County District
Court will continue unimpeded with the amendment of the Charter as proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 1 of Article VII of the
City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 2” at the special municipal election to be held on November 7, 2017:
ARTICLE VII.
MUNICIPAL COURT
Section 1. Municipal court.
There shall be a Municipal Court with the jurisdiction to hear and try all proceedings
initiated by the City alleging violations of the Charter and ordinances of the City. The
Council shall appoint the judge or judges of Municipal Court for two (2) year terms.
Postponed Indefinitely on First Reading
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Council shall designate a Chief Judge to carry out related duties as adopted by the
Council by ordinance, and shall fix the compensation of the Municipal Judges. Such
compensation shall in no manner be contingent upon the amount of fees, fines or costs
imposed or collected. Each 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. As Council determines necessary, the Council may designate one (1) or
more reputable and qualified attorneys to serve as temporary judge. The Council may
remove a Municipal Judge for cause.
Rules of procedure, costs and fees shall be enacted by the Council upon recommendation
of the Chief Municipal Judge.
Section 3. That the following ballot title, with its title and submission clause, is
hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
AMENDING SECTION 1 OF CHARTER ARTICLE VII TO
MODIFY THE MUNICIPAL COURT’S JURISDICTION
Shall Section 1 of Article VII of the Charter of the City of Fort Collins, pertaining
to Municipal Court, be amended to eliminate the Municipal Court’s jurisdiction
over civil cases while retaining the Court’s jurisdiction to hear and try all
proceedings initiated by the City alleging violations of the Charter and ordinances
of the City?
______Yes/For
______No/Against
Introduced, considered favorably on first reading, and ordered published this 8th day of
August, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Postponed Indefinitely on First Reading
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Passed and adopted on final reading on the 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk