The URL can be used to link to this page

Home My WebLink About004 - 01/17/2017 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO (2) ORDINANCE NO. 004, 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 APPOINTMENT OF MUNICIPAL JUDGES 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, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VII, Section 1 of the Charter of the City of Fort Collins provides for the appointment of a Municipal Judge; and WHEREAS, the demands on the Fort Collins Municipal Court and Municipal Judge have increased over the years, due to changes in the case load as well as the addition of Liquor Licensing Authority duties; and WHEREAS, additional flexibility to hire additional Municipal Judge(s) when appropriate and necessary and to appoint a Chief Judge with specified duties would allow the Municipal Court to better evolve along with the Court's evolving case load and schedule; and WHEREAS, Charter provisions allowing city councils to appoint more than one municipal judge are common in Northern Colorado; and WHEREAS, the proposed language calls for the appointment of a Chief Judge, with duties to be established in the Code, and details relating to assignment of duties between Municipal Judges could be addressed in employment agreements, or by the Chief Judge, at Council's discretion; and WHEREAS, the proposed language also updates the authorization for appointment of temporary judge to allow such appointments as Council determines necessary. 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. 4" at the regular municipal election to be held on Tuesday, April 4, 2017: -1- 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 the judge or judges of Municipal Court for two (2) year terms. 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 and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 4 Shall Section 1 of Article VII of the Charter of the City of Fort Collins, pertaining to Municipal Court, be amended to allow the City Council to appoint multiple judges of Municipal Court, to designate a Chief Judge, and to specify the duties for the Chief Judge by ordinance, and further to appoint temporary judges as Council determines necessary? Yes/For No/Against -2- Introduced, considered favorably on first reading, and ordered published this 3rd day of January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017. �pRT•CC� ;ayor ATTEST: •'o ••COLOR�'� �vv U City Clerk Passed and adopted on final reading on the 17th day of January, A.D.-2017. Mayor ATTEST: FO1pT�0 � . SP City Clerk/Mie;C y A-Y A� AD�• -3- Account#: FTC-003160 FORT-COLLINS Invoice Text' 0 LL -0 M- -, D 01 V NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I NOTICE IS HEREBY GIVEN that the STATE OFCOLORADO ) Fort Collins City Council, on Tuesday, January 3,2017, passed and adopted the )ss: AFFIDAVIT OF PUBLICATION following ordinances on firsT reading. These ordinances will be presented for COUNTY OF LARIMER final passage on January 17,2017: ORDINANCE N0,001,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TA VOTE OF THE REGISTERED EL E TORS OF THE 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same CITY OF FORT COLLINS A PROPOSED AMEN DEMENT TO is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said SECTION CITY CHARTER PIERTAICLE INIING TO OF C county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in THE DATE OF ION ELECTION RESU E STIFICA(THE TCANVO AS. said daily newspaper for S"),AND PROPOSED AMENDMENTS TO SECTION 1 AND SECTION 40F 1 Day; ARTICLE II OF THE CITY CHARTER, PERTAINING RESPECTIVELY TO THE TMING OF THE COUNCIL ORGANIZATIONAL MEETING that the notice was published in the regular and entire issue of every number of said newspaper during the FOLLOWING AN ELECTION, AND WHEN COUNCILMEMBER period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; TERMS OF OFFICE BEGIN that the first publication of said notice was contained in the issue of said newspaper on ORDINANCE NO.002,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE Sunday,January 8,2017 CITY OF FORT COLLINS A PRO- POSED AMENDMENT TO SECTION 11 OF ARTICLE 11 OF THE CITY p P CHARTER PERTAINING TO THE l�that the last publication thereof was contained in the issue of said newspaper r on PROCESS FOR CANCELLING A COUNCIL MEETING Sunday,January 8,2017 ORDINANCE NO.003,2017 OF THE COUNCIL OF that said Fort Collins Coloradoan has been published continuous] and uninterruptedly during the period of at THE CITY OF FORT COLLINS P Y p Y g SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE least six months next prior to the first publication of said notice or advertisement above referred to;that said COLLI CITY OF FORT AMENDMENT A newspaper has been admitted to the United States mails as second-class matter under the provisions of the PROPOSED AMENDMENT TO SOT9 OF ARTICLE V FTHE CITY CHARTER Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly PERTAINING TO CONFLICTS qualified for publishing legal notices and advertisements within the meaning of the laws of the State of OF INTEREST AND CERTAIN PROHIBITED SALES TO THE CITY Colorado. ORDINANCE NO.004,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE /J n CITY OF FORT COLLINS S PRO- �j- POSED AMENDMENT TO SECTION 1 OF ARTICLE VII OF THE CITY Le gall Clerk CHARTER PERTAINING B TO APPOINTMENT OF MUNICIPAL JUDGES ORDINANCE THE COUNCIL OF17 OF Subscribed and sworn to before me,within the County of Larimer,State of Colorado this THE CITY OF FORT COLLINS AMENDING CHAPTER 7,OF THE CODE OF THE CITY OF Monday,January 09,2017 LADONNA MARY LAMAR FORT COLLINS TO AMEND LNOTA�RY PUBLIC-STATE OF COLORADO REQUIREMENTS AND PROCEDURES M Commission expires September 3,2019 ELECT --..--..-_._--... Y P p Y Identification#20154035099 The full text of these ordinances can be Expires September 3,2019 , found at http:p://fcgov.com/publicnoilces or by calling The City Clerk's Office at 970-221-6515. 1839820 Notary Public Coloradoan January 0,2017 Legal No.0001839820 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared Monday,January 9,2017 FORT COLLINS,CO 80521 10:19 am f� Account#: FTC-003160 FORT-COLLINS 0 L0_ _MDO)AN Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, STATE OF COLORADO January 17, 2017, passed and adopted } the following ordinances on second reading: ss: AFFIDAVIT OF PUBLICATION } ORDINANCE N0.001,2017 COUNTY OF LARIMER } 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 AMENDEMENT TO 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same SECTION 7 OF ARTICLE VII I OF THE is a daily n p p City CITY CHARTER PERTAINING TO y newspaper of general circulation and printed and published in the Ci of Fort Collins in said THE DATE OF CERTIFICATION OF COtm and state copy, ELECTION RESULTS(THE"CANVAS- county ,that the notice or advertisement,of which the annexed is a true co has been published in S"),AND PROPOSED AMENDMENTS said daily TO SECTION 1 AND SECTION 4 OF Y newspaper for ARTICLE II OF THE CITY CHARTER, PERTAINING RESPECTIVELY TO 1 Day; THE TIMING OF THE COUNCIL ORGANIZATIONAL MEETING FOLLOWING AN ELECTION,AND WHEN COUNCIL MEMBER TERMS that the notice was published in the regular and entire issue of every number of said newspaper during the OF OFFICE BEGIN period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; ORDINANCE NO.I L OFF that the first publication of said notice was contained in the issue of said newspaper on OF THE COUNCIL THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A y,January y 22, PROPOSED AMENDMENT TO 2017 SECTION 11 OF ARTICLE II OF THE CITY CHARTER PERTAINING TO THE PROCESS FOR CANCELLING A that the last publication thereof was contained in the issue of said newspaper on COUNCIL MEETING ORDINANCE NO.003,2017 Sunda January OF THE COUNCIL OF y+ y 22,2017 THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE that said Fort Collins Coloradoan has been published continuous) and uninterruptedly during the period of at REGISTERED ELECTORS OF p Y p y g THE CITY OF FORT COLLINS A least six months next prior to the first publication of said notice or advertisement above referred to;that said PROPOSED AMENDMENT TO p SECTION 9OF ARTICLE IV OF THE newspaper has been admitted to the United States mails as second-class matter under the provisions of the CITY CHARTER PERTAINING TO CONFLICTS OF INTERESTAND Act of March 3, 1879, or any amendments thereof, and that said news paper is a daily news a er dul TO HE CERTAIN PROHIBITED CITY SALES qualified for publishing legal notices and advertisements within the meaning of the laws of the State of ORDINANCE NO.004,2017 Colorado. 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 ll B THE CITY CHARTER PERTAINING TO APPOINTMENT OF MUNICIPAL JUDGES Legal Clerk ORDINANCE NO.005,2017 - - OF THE COUNCIL OF THE CITY OF FORT COLLINS Subscribed and sworn to before me,within the County ofLarimer,State ofColorado t Is AMENDING CHAPTER 7OF THE CODE OF THE CITY OF FORT n; COLLINS TO AMEND Monday,January 23,2017 UMNAMARY LAMAR t1 REQUIREMENTS AND PROCEDURES Ni FOR CITY ELECTIONS NOTARYPUBI.IC-STATEOFCOLORADO l My Commission expires September 3,2019 14Identification#20154035099 The full text of these ordinances can be found at http://fcgov.com/pubiicnotices Expires September3,2019 or by calling the City Clerk's Office at 970-221-6515. 1869950 Coloradoan January 22,2017 Notary Public Legal No.0001869950 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,January 23,2017 9:29 am