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HomeMy WebLinkAbout1995-161-11/21/1995-CHARTER AMENDMENTS CHARTER REVIEW COMMITTEE SCOPE RESOLUTION 95-161 OF THE COUNCIL OF THE CITY OF FORT COLLINS CREATING A CHARTER REVIEW COMMITTEE AND DIRECTING THE SCOPE OF THE CHARTER REVIEW WHEREAS, the City of Fort Collins, as a home-rule municipality, has been granted under Article XX of the Colorado Constitution all powers necessary and proper to the full right of self- government in local and municipal matters; and WHEREAS, the Fort Collins City Charter classifies and distributes the powers and duties of the city and its various departments, boards and officers and provides for the manner in which such powers are to be exercised; and WHEREAS, the provisions of the City Charter impose certain limitations upon the City's ability to legislate in areas of local concern under the foregoing general grant of Constitutional authority; and WHEREAS, the periodic review of the provisions of the City Charter is necessary and desirable in the City's interest, so as to clarify any existing ambiguities in the wording of the Charter, to eliminate any unnecessary details or limitations upon the City's ability to exercise, by ordinance, the cty's home-rule powers, and to maintain the flexibility and responsiveness of the municipal organization; and WHEREAS,the Council Governance Committee has recommended the creation of a 1996 Charter Review Committee (the "Committee") to conduct a comprehensive review of the City Charter and to make recommendations to the Council regarding proposed amendments to said Charter; and WHEREAS,the City Council has adopted Resolution 95-113 approving the 1995-97 Council Policy Agenda, which includes a theme of building deliberative democracy; and WHEREAS,one of the projects identified for action as part of the deliberative democracy theme is the establishment of a Charter Review Committee; and WHEREAS,the City Council wishes to establish the overall scope of study of the Committee and provide general guidance to the Committee concerning the Charter review to be undertaken. NOW,THEREFORE, BE IT RESOLVED BYTHE COUNCIL.OF THE CITY OF FORT COLLINS as follows: Section 1. That a Charter Review Committee is hereby established for the purpose of reviewing the Charter of the City of Fort Collins and making recommendations to the City Council regarding propvserl ameridmentsto said Charter. Section 2. That said Charter Review Committee shall consist of eleven (11) registered electors of the City of Fort Collins appointed by the City Council, with terms to run until the work of the Committee concludes. Section 3. That the members of the Council Governance Committee are hereby appointed to serveas-Council-advisors-and-liaisons to the Committee. Section 4. That the Charter Review Committee is hereby directed to advise the Governance Committee and the Council of its recommendations regarding possible Charter amendments within the following scope of study, and to establish a priority listing of such amendments to be placed on future municipal election ballots: 0 Review any proposed amendments recommended by City staff. ❑O Consider possible amendments regarding utility deregulation and governance issues. O Consider any amendments that could help ensure that the Charter remains a dynamic document, responsive to the changing needs of the Fort Collins community. 0 Consider amendments to remove any unnecessary limitations that impede the flexibility and responsiveness of the municipal organization,especially in the area of intergovernmental cooperation. V ❑O Ensure that the Charter conforms to the requirements of the Colorado Constitution, applicable common law, and, to the extent necessary or desirable for a Home Rule municipality, the provisions of the State statutes. 0 Identify any Charter provisions that should be removed from the City Charter so that the subject governed by such provisions-may be addressed in the City Code or regulated by State law, with the intent of simplifying the Charter. M Identify any possible amendments that may be necessary to clarify Charter provisions that may be ambiguous or susceptible to various interpretations. ❑O Examine other issues as defined by the City Council,the Council Governance Committee, City staff, or a majority of the Committee. Section 5. That the Committee is further directed to take under advisement the recommendations of any boards or commissions of the City which may offer input concerning any portion of the Charter review, and to undertake any appropriate public outreach to solicit the views of the citizenry concerning specific Charter issues. Section 6. That the Committee shall submit periodic activity reports to the Council Governance Committee and shall present a written report with recommendations, including recommendations for ballot submission language, to the City Council no later than January 1, 1997, and that a mechanism shall be established by the Committee for the preparation and forwarding of minority reports. Section 7. That the Committee is further directed to conduct its meetings at a time and place convenient and conducive to public attendance and observation, and that notice of the meeting place and times of the-Committee shall be-forwarded to the-City Council and posted at the established place for the posting of notices of public meetings. Section 8. That the staff liaison for the Charter Review Committee shall be the City Clerk. Section 9. That the City Attorney and the City Manaver shall designate representatives to serve in an advisory capacity to the Committee, and the various service areas and departments of the City shall designate representatives as needed to serve as resources for the study of specific topics. Section 10. That the staff liaison is hereby directed to solicit applications to the Charter Review_[nimnittee-and-establish,in_conjunction_with the CouncilGovernance Committee,a-process - for the screening of applicants and the presentation of recommendations concerning Charter Review Committee appointments to be made by Resolution of the City Council no later than January 16, 1996. Passed and adopted at a regular meeting of the City Counci field this 21st of Nov fiber, A.D. 1995. Mayor ATTEST: 4�� '��4." — City Clerk