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HomeMy WebLinkAbout003 - 01/06/2015 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO ARTICLE II, SECTPOSTPONED INDEFINITELY ON FIRST READING 1/6/2015 ORDINANCE NO. 003, 2015 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 ARTICLE II, SECTION 1(d) OF THE CITY CHARTER PERTAINING TO THE TERMS OF OFFICE OF THE MAYOR AND CITY COUNCILMEMBERS 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 II, Section 1(d) of the Charter states that the term of office of the Mayor shall be two (2) years and is silent on the question of the number of consecutive terms the Mayor may serve; and WHEREAS, Article II, Section 1(d) of the Charter states that the term of office of all other members of the Council shall be four (4) years each and is silent on the question of the number of consecutive terms that a City Council member may serve; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive two-year terms is three consecutive terms for an elected city government official who is serving a term of office two years or shorter in duration; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive terms is two consecutive terms for an elected city government official who is serving a term of office more than two years in duration; and WHEREAS, this constitutional provision also authorizes the voters of the City to lengthen, shorten or eliminate such terms limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article II, Section 1(d) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: OPTION A—(consistent with State Constitution) Section 1. Membership; terms. … POSTPONED INDEFINITELY ON FIRST READING 1/6/2015 (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and the Mayor shall serve no more than three (3) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than two (2) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than three (3) consecutive terms and the members of the Council shall serve no more than two (2) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION B—(similar to Larimer County regarding members) Section 1. Membership; terms. … (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and the Mayor shall serve no more than four (4) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than three (3) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The terms of the Mayor and other members of the Council shall begin when they take the oath POSTPONED INDEFINITELY ON FIRST READING 1/6/2015 of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than four (4) consecutive terms and the members of the Council shall serve no more than three (3) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION C—(no term limits) Section 1. Membership; terms. … (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and there shall be no limit on the number of consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and there shall be no limit on the number of consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that there shall be no limit on the number of consecutive terms the Mayor or members of the City Council may serve? POSTPONED INDEFINITELY ON FIRST READING 1/6/2015 ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk