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HomeMy WebLinkAbout092 - 08/17/1993 - SUBMITTING A PROPOSED AMENDMENT TO CITY CHARTER PERTAINING TO PENALTIES FOR VIOLATIONS OF THE CHARTE ORDINANCE NO. 92, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 10, OF THE CITY CHARTER, PERTAINING TO PENALTIES FOR VIOLATIONS OF THE CHARTER, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS WHEREAS, Article IV, Section 8, of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S. , provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article IV, Section 10, of the City Charter presently states that any violation of a provision of the Charter shall be deemed a misdemeanor; and WHEREAS, the City Council believes that it would be in the best interests of the City to amend this provision of the Charter so as to provide that only knowing and willful violations of the Charter shall be deemed a misdemeanor and that this proposed amendment to the City Charter should be submitted to the registered electors of the City in the manner required by law; and WHEREAS, by Ordinance No. 92, 1993, the City Council has called a Special Election to be held on November 2, 1993, in conjunction with the Coordinated Election to be held on that date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following Proposed Charter Amendment No. shall be submitted to the registered electors of the City at the next special City election to be held on November 2, 1993. PROPOSED CHARTER AMENDMENT NO. _ That Article IV, Section 10, of the Charter of the City of Fort Collins is hereby amended to read as follows: Section 10. Penalties for violation of Charter. Any kh"""I"gild' I ,1fUl' violation of a provision of this Charter shall Ge "deemed am "sdemeanor. Any person convicted of such violation may be punished by a fine and imprisonment, the maximum amount and term of which shall be no less than that established by ordinance for misdemeanor violations of the city Code. Said maximum penalty shall be set by the Council by ordinance. Any officer or employee of the city convicted of such a violation shall be deprived of his or her office or employment and shall be ineligible to any city office or employment for two (2) years thereafter. oC� Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. to the electors at said election: PROPOSED CHARTER AMENDMENT NO. _ AN AMENDMENT TO ARTICLE IV, SECTION 10, OF THE CITY CHARTER STATING THAT ONLY KNOWING AND WILLFUL VIOLATIONS OF THE CHARTER SHALL BE DEEMED A MISDEMEANOR CRIMINAL OFFENSE. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 3rd day of August, A.D. 1993, and to be presented for final passage on the 17th day of August, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of August, A.D. 1993. Mayor ATTEST: City Clerk