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HomeMy WebLinkAbout1996-140-12/17/1996-COUNCIL ORDINANCES GUIDELINES INITIATING AND DEVELOPING RESOLUTIONS RESOLUTION 96-140 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING GUIDELINES FOR INITIATING AND DEVELOPING COUNCIL ORDINANCES AND RESOLUTIONS WHEREAS, the City Charter provides in Article 11, Section 6, that the Council shall act by ordinance, resolution or motion; and WHEREAS, under Section 2-30(a) of the Code, the City Manager, in consultation with the Mayor and Mayor Pro Tern, is to prepare the agenda for all regular and special meetings of the City Council, including all items requiring City Council action; and WHEREAS, there has been some uncertainty in the past as to the manner in which proposed ordinances and resolutions should be initiated and developed for consideration by the Council; and WHEREAS, the City Council wishes to adopt guidelines describing the circumstances under which it is appropriate for City staff to initiate and develop such items. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: 1. INITIATING WORK ON AN ORDINANCE OR RESOLUTION. The source of ideas for new and revised polices may come from the Council policy agenda, individual Councilmembers,citizens, City boards and commissions, service clubs and organizations, ad hoc task forces, community groups, neighborhood associations,etc. The following procedures shall be followed in determining whether staff resources should be devoted to the initiation of an ordinance or resolution in response to such proposals. (a) Council policy agenda. Upon Council's adoption of its policy agenda, and without further direction from the Council, work on specific ordinances and resolutions implementing the policy agenda and the goals and projects established by the Council will be commenced by City staff as directed by the City Manager. (b) Other Council initiated ordinances and resolutions. Work on other ordinances or resolutions can be initiated by the support of three (3) Councilmembers, at a regular Council meeting, study session or Council committee meeting; provided, however, that if any Councilmember desires that formal action of the Council be taken with regard to such request, such formal action shall occur at a regular Council meeting and shall require the approval of a majority of the Councilmembers present and voting. (c) Recommendations from City Boards and Commissions. If a City board or commission would like Council to consider adopting a policy or revising or eliminating an existing policy, the board or commission should contact its Council liaison or another Councilmember and discuss the request. The Council liaison or other Councilmember would then forward the request to a Council committee or to the entire Council at a regular meeting or study session under the"Other Business"segment of such meeting or study session. The Council liaison may forward with the request his or her comments and/or recommendations with regard to the request. Councilmembers shall then provide direction on whether or not staff should proceed with initiating work on an ordinance or resolution with regard to the request, in accordance with subparagraph (b) above. (d) Staff initiated ordinances and resolutions. Staff requests and suggestions for other ordinances and resolutions will be reviewed by the City Manager and presented to the City Council as he or she deems appropriate. (e) Staff follow-up. Council will be informed of work proceeding on any ordinance or resolution. Such communications will be particularly important for work that it is initiated by a Council committee or the City Manager which is outside the context of full Council gatherings. 2. DEVELOPMENT OF THE SUBSTANCE OF,AND OPTIONS FOR,AN ORDINANCE OR RESOLUTION. Once direction has been given to initiate work on a Council ordinance or resolution, preparation of the substance and, if warranted, optional approaches, will begin by the City Attorney and appropriate staff. Guidance may be offered by, or solicited from, Councilmembers as the ordinance or resolution is being developed. If the City Attorney or City Manager need clarification, additional direction, or resolution of conflicting approaches to the content in the course of preparing an ordinance or resolution, such direction is to be provided by Council in one of the following ways: (a) by a Council Committee through agreement of at least two (2) of the Council committee members; (b) by the Council Leadership Team (the Mayor and Mayor Pro Tem); or (c) if necessary, by a motion under "Other Business" at a regular Council meeting, as approved by a majority vote of the Councilmembers present. If either the City Attorney or City Manager is unable to obtain clear direction or a resolution of conflicting approaches, staff work on a pending ordinance or resolution will be suspended until such clarification and resolution is provided by City Council. City Council will be notified, in writing, when staff work on a pending ordinance or resolution has ceased. Passed and adopted at a regular meeting of the City Council held this 17th day of DeLember, A.D. 1996. Mayor ATTEST: City Clerk