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HomeMy WebLinkAbout014 - 02/04/1997 - SUBMITTING CHARTER AMENDMENT NO. 7 TO THE APRIL 8, 1997 ELECTION ORDINANCE NO. 14, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING PROPOSED AMENDMENTS TO ARTICLE II, SECTION 11, OF THE CITY CHARTER,PERTAINING TO COUNCIL MEETINGS, 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, on November 21, 1995, the City Council adopted Resolution 95-161 creating a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a comprehensive review of the City Charter and to recommend any amendments thereto that the Committee believed to be in the best interests of the City; and WHEREAS,after conducting such review,the Committee has recommended certain changes to Article II, Section 11 of the City Charter, pertaining to council meetings; and WHEREAS,the City Council believes that the foregoing proposed amendments,as modified by the City Council, should be submitted to the registered electors of the City so that the voters may determine whether such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article II, Section 11, of the City Charter shall be submitted to the registered voters of the City as "Proposed Charter Amendment No. 7" at the next regular municipal election to be held on April 8, 1997: ARTICLE 11. CITY COUNCIL Section 11. Meetings, quorum, executive session. The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1)week. No other action, except to adjourn, may be taken by the Council in the absence of a quorum, unless the absence of a quorum is due to the filing of conflict of interest disclosure statements by all absent members, in which event at least three (3)remaining members may transact business. By majority vote of those present and voting, the Council may approve any action of the Council except the passage of emergency ordinances and the approval of executive sessions. By two- thirds vote of those present and voting, the Council may go into executive session, which shall be closed to the public. Executive sessions may only be held to: (1) discuss personnel matters; or (2) consult with attorneys representing the city regarding specific legal questions involving litigation or potential litigation and/or the manner in which particular policies, practices or regulations of the city may be affected by existing or proposed provisions of federal, state or local law; or (3) consider water and real property acquisitions and sales by the city; or (4) consider electric utility matters if such matters pertain to issues of competition in the electric utility industry. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 7 to the voters at said election: 2 PROPOSED CHARTER AMENDMENT NO. 7 AMENDMENTS TO ARTICLE II, SECTION I I OF THE CIIARTER OF THE CITY OF FORT COLLINS REQUIRING THAT A MAJORITY OF THE COUNCIL MUST BE PRESENT IN ORDER FOR THE COUNCIL TO TAKE ANY ACTION,EXCEPT THAT THREE COUNCILMEMBERS MAY TRANSACT BUSINESS WHEN THE ABSENCE OF A QUORUM IS DUE TO THE FILING OF CONFLICT OF INTEREST DISCLOSURE STATEMENTS BY ALL ABSENT MEMBERS; CLARIFYING THAT A TWO-THIRDS VOTE OF THE COUNCILMEMBERS "PRESENT AND VOTING" IS SUFFICIENT FOR THE COUNCIL TO GO INTO EXECUTIVE SESSION; EXPANDING THE PURPOSES FOR WHICH EXECUTIVE SESSIONS MAY BE HELD TO INCLUDE CONSULTATIONS WITH ATTORNEYS REPRESENTING THE CITY REGARDING LITIGATION OR POTENTIAL LITIGATION INVOLVING THE CITY AND/OR THE MANNER IN WHICH PARTICULAR POLICIES, PRACTICES OR REGULATIONS OF THE CITY MAY BE AFFECTED BY EXISTING OR PROPOSED PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RATHER THAN LIMITING SUCH CONSULTATIONS TO "ADVERSARIAL SITUATIONS"; EXPANDING THE PURPOSES OF EXECUTIVE SESSIONS TO INCLUDE THE CONSIDERATION OF WATER .AND REAL PROPERTY SALES,AS WELL AS WATER AND REAL PROPERTY ACQUISITIONS,BY THE CITY; AND EXPANDING THE PURPOSES OF EXECUTIVE SESSIONS TO INCLUDE THE CONSIDERATION OF ELECTRIC UTILITY MATTERS IF SUCH MATTERS PERTAIN TO ISSUES OF COMPETITION IN THE ELECTRIC UTILITY INDUSTRY. YES NO Introduced, considered favorably on first reading, and ordered published this 21 st day of January, A.D. 1997, and to be presented for final passage on the 4th.daygf February, A D,l997. yor ATTEST: (` City Clerk 3 Passed and adopted on final reading this 4th day of Februar-v;-A7p. 1997. ayor ATTEST: I► City Clerk 4