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HomeMy WebLinkAbout005 - 01/17/1989 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY CONCERNING ORDINANCE NO. 5 , 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS CONCERNING THE JURISDICTION OF THE MUNICIPAL COURT 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, the Council desires to submit certain proposed Charter amendments to the registered voters of the City at the next regular City election to be held on March 7, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed Charter amendment shall be submitted to the registered voters of the City at the next regular City election to be held on March 7, 1989: PROPOSED CHARTER AMENDMENT NO. 10 Section 1 of Article VII of the City Charter is hereby amended to read as follows: "Section 1. Municipal Court. There shall be a Municipal Court vested with original jurisdiction of all causes arising under the Charter and the ordinances of the city. The Judge of the Court shall be an attorney admitted to practice law in Colorado, and a resident of the city. The Judge shall be appointed by the Council for a term of two (2) years, may be removed by the Council for cause, and shall receive such compensation as shall be fixed by the Council . Such compensation shall in no manner be contingent upon the amount of fees charged or collected. In the absence of the regular Judge, the Council shall designate a reputable attorney possessing the qualifications for the office to serve as a temporary judge. Rules and procedure, costs and fees shall be enacted by the Council upon recommendation of the Municipal Judge." Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 10 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 10 An amendment to Article VII, Section 1 of the City Charter, eliminating reference to the Municipal Court's jurisdiction as being "exclusive," thereby clarifying that City Ordinances can create civil remedies in other courts of competent jurisdiction. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 3rd day of January, A.D. 1989, and to be presented for final passage on the 17th day of January, A.D. 1989. Mauer ATTEST: City Clerk Zi 1989.Passed and adopted on final reading th's 17th day of January, A.D. -Mayor ATTEST: ATTEST: City Clerk QS