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This Prefatory Synopsis and Charter Summary is provided for convenience only. It is not part of the Charter, and is not to be interpreted as varying or modifying the Charter.

On April 2, 2000, the Citizens of Monument, Colorado voted to form a Commission for the purpose of drafting a Home Rule Charter. On that same date, we the undersigned were elected as the Commissioners of the Home Rule Charter Commission. We were honored to have been entrusted with the responsibility of this important task. We have held many meetings, considered numerous Charters from other communities, and reviewed many drafts of this Charter. We have listened to our differing ideas and perspectives. We have debated, agreed and disagreed with mutual respect. We have learned from one another, and from the many insightful comments which we received from the public, our hired consultants and the elected and employed representatives of Monument. We are pleased to report that we have concluded our task. The Charter which we have prepared follows this Synopsis and Charter Summary.

As individuals, we brought to this task differing political perspectives on the proper role of government. But as a Commission, we have been united by a couple of common principles which have permeated the drafting of this Charter. First, the benefit of being a Home Rule Town is the ability to control our affairs at a local level, rather than depending upon authorities granted by the State General Assembly. This fundamental principle, that the residents of Monument are best suited to govern the affairs of this community, has been the polestar of our drafting process. We also believe that our elected officials and Town employees should be entrusted with the latitude to perform their jobs with a sense of responsibility and commitment to the Citizens. To that end, we have endeavored to draft a Charter which is general and broad rather than infinitely detailed. At the same time, we also believe that there is a need for certain checks and balances to ensure that discretionary authority is not abused. To that end, we have included various limitations on governmental power, and enshrined certain fundamental rights which remain always the prerogative of the Citizens. The entire Charter has been influenced by an effort to synthesize these fundamental concepts. We believe that we have reached an appropriate balance.

We have approached this project with a sense of care and responsibility. It is our fervent hope that this Charter will provide a mechanism by which the Citizens of Monument, and their children’s grandchildren, can effectively govern themselves. With humility and pride in our work, and the hope that it meets with the acceptance of our fellow Citizens, we offer the people of Monument this Home Rule Charter.

The Charter Committee would like to recognize Mr. Tim Schutz for his legal guidance and Ms. Claudia Whitney for her administrative support. Without their efforts the drafting of this Charter would not have been possible.

We, the undersigned members of the Monument Home Rule Commission, duly elected by the Citizens of Monument at an election held on April 2, 2000 to frame a Home Rule Charter for the Town, do hereby certify that the following is the Proposed Charter as finally approved and adopted by the members of the Commission on the 1st day of August, 2000, for submission to Monument’s Citizens and its’ Board of Trustees.

Dated this 1st day of August, 2000.

Ed Delaney, Chairperson
Michael M. Wicklund, Vice-Chairperson
S. Faye Elbaum
Mark Y. Hansen
Doug Jones
Steven D. Wilcox, Secretary
W. Lowell Morgan, Treasurer
Patricia Powell
Don Smith

The following summary is provided as an overview of the general content of each article of the Charter. The summary is provided for convenience only, and should not be interpreted as varying or modifying the Charter.

This article defines words and phrases used throughout the Charter.

This article contains a summary of the Charter’s purposes, describes the home rule powers of the Town, and provides for the continuation of the Town’s Council-Manager form of government. It also provides the procedure for amendments to the Charter; under that procedure, amendments may be initiated by Council through an ordinance or by the Registered electors through a petition, but such amendments cannot take effect unless approved by a majority of the votes cast by the Registered electors of the Town.

This article provides for the organization and qualifications of the Town Council and Mayor. Together with Article Six, it provides for the Town to be organized into four separate districts. One Council member will be elected from each of the four districts, and two Council members will be elected from the Town at large. The Mayor will also be elected from the Town at large. The Mayor will be considered a member of the Council, and will have the same powers as a Council member. The article provides for four year overlapping terms for Council members; the Mayor’s term is also four years. A vacancy in office will be filled by the voters at a regular or special election, although an interim Council appointment will be permitted until the election. The article also adopts a term limit of three consecutive terms for the Mayor and Council members.

This article establishes meeting procedures for the Council. All regular and special meetings must be open to the public, and persons must be given a reasonable opportunity to be heard. The matters for which an executive session may be held, and the procedures for going into executive session, are addressed in the article - both generally follow the State statutes. The procedure for adopting regular and emergency ordinances is also addressed. The article provides that emergency ordinances shall terminate within sixty (60) days of enactment.

This article establishes minimum ethical requirements for the Mayor, Council members, members of Town boards and commissions, and Town employees. The requirements are stricter than State statutes in that no exceptions are provided for the rule that an individual having a conflict of interest in a matter may not take official action on the matter. An individual with a conflict of interest also may not participate in any discussion of the matter, disclose the nature of his or her interest, participate in any executive session concerning the matter, and may not attempt to influence other members’ votes. A Town employee with a conflict of interest in a matter may not take any official action concerning the matter.

This article addresses the procedures for conducting municipal elections. It also calls for the creation of an Election Commission, which will establish and periodically adjust, the boundaries of the Town’s districts. Adjustments are for the purpose of ensuring that the population of Registered electors in one district shall not be less than eighty-five percent (85%) of the number of Registered electors in any other district. Elections are to be nonpartisan. Regular elections remain in April of each even-numbered year.

This article reserves to the voters the power to initiate proposed ordinances, as well as the power to require adopted ordinances to be referred to a public vote. The number of Registered electors required to sign an initiative or referendum petition varies, depending upon the population of the Town at the time the petition is initiated. Council is also granted the authority to refer an ordinance to a vote of the Registered electors. This article also reserves to the voters the power to recall the mayor or any Council member.

This article establishes the requirements and functions of the Town Manager and the Town Clerk. The article provides for the establishment and abolition of such Town departments as may be necessary to efficiently operate the Town. It also addresses the relationship between Council and Town employees.

This article provides for the creation, qualification and function of the Town Attorney and each Municipal Court Judge.

This article continues all existing boards and commissions, and provides for other matters in relation to boards and commissions. It includes a provision prohibiting the Mayor or Council members from serving on boards or commissions during their term of office. Boards and commissions must follow the executive session procedures specified for the Council in Article 4.

This article sets out the procedures for the adoption of the Town's annual budget. In addition to the proposed budget, the Town Manager is also required to submit a five-year capital projects program. At least one public hearing must be held on the proposed budget and capital projects program. An annual financial audit is required.

This article address debts and taxation. The article grants the Town the authority to impose taxes and borrow money, provided such action is consistent with any applicable limitations contained in the State Constitution.

Town-owned utilities are addressed in this article. Utility rates will continue to be established by the Town Council. Each utility’s accounts must be maintained separately. Although loans from a utility fund to other Town funds will be allowed, such loans will require the unanimous approval of the entire Council, and must be repaid with interest.

A maximum ten (10) year duration is established by this article for franchises (which are granted to non-Town owned utilities and others requiring long-term occupation of Town rights-of-way). The right of referendum is guaranteed on all franchises. Other permits and licenses for the temporary use or occupation of the rights-of-way may be granted on a revocable basis.

This Article requires the Town to adopt and periodically update a comprehensive plan, which shall address land use and development within the Town for a period of at least five years from the date of adoption or modification of the comprehensive plan. The article gives Council the authority to employ such regulations, departments and consultants as are appropriate to address land use and development within the Town. The article also contains a provision requiring the assessment of impact fees to ensure that the cost and use of public resources associated with a development are borne by that particular development. The article also contains a section which provides that no annexation which would increase the population of the Town by more than ten percent (10%), shall be permitted without the approval of a majority of the votes cast by the Town’s Registered electors.

Among other miscellaneous matters addressed by this article are a voter approval requirement for the sale of park lands and Town owned water rights; a bond or insurance requirement for Town personnel involved in handling Town funds; and the establishment of competitive bidding requirements.

Among the transitional matters addressed by this article are the effective date of the Charter; the repeal of legislation inconsistent with the Charter and continuation of legislation not inconsistent with the Charter; and the continuation of Town employees, the Mayor and Council members, and board and commission members.

As used in this Charter, the following terms shall have the following meanings, except where the context clearly indicates otherwise:

(a) "Board or commission" or "board and commission" means the boards and commissions established by this Charter, or pursuant to an ordinance adopted by Council in accordance with the terms of this Charter.

(b) "Committee" means a group of people who come together, on a temporary basis, to evaluate and advise the Town concerning designated issues; committees are established through Council’s adoption of an appropriate ordinance, resolution or motion.

(c) "Council" or "Town Council" means the body constituting the Town Council of the Town, which includes the Council members and the Mayor.

(d) "Council member" means each member of the Town Council except the Mayor.

(e) "Department head" means the Town employee, other than the Town Manager, who has primary responsibility for the administration and management of a particular department of the Town.

(f) "Emergency ordinance" means an ordinance which, in the opinion of the Town Council, is necessary for the immediate preservation of the public property, health, welfare, peace or safety.

(g) "Employee" means each compensated person employed in the service of the Town.

(h) "Entire Council" means all Council members and the Mayor.

(i) "General statewide election" means the statewide election held on the Tuesday succeeding the first Monday of November in each even-numbered year.

(j) "Mayor" means the Mayor of the Town.

(k) "Member of the Council" means the Mayor and each Council member.

(l) "Newspaper" means a newspaper of general circulation in the Town which meets the requirements for a legal newspaper as established in the State statutes.

(m) "Park" means a trail, open space, playground, beach, recreation center, or other property owned by the Town and used by the Town's residents for purposes of active or passive recreation.

(n) "Publication" or "publish" means:

(i) Publication in a newspaper; or

(ii) In the event of an emergency, or when no such newspaper is available, by posting. Anything published by such posting because of any emergency shall subsequently be actually published in a newspaper.

(o) "Registered elector" means any resident of the Town who has registered to vote pursuant to applicable State statutes.

(p) "Regular election" or "regular Town election" means a Town election held pursuant to section 6-3 of this Charter.

(q) "Special election" or "special Town election" means a Town election held at a time other than a regular election.

(r) "State Constitution" or "Colorado Constitution" means the Constitution of the State of Colorado, as from time to time amended.

(s) "State statutes" means the statutes of the State of Colorado, as from time to time amended.

(t) "Town" means the Town of Monument, Colorado.

(u) "United States Constitution" or "Federal Constitution" means the Constitution of the United States of America, as from time to time amended.

 

The Colorado municipal corporation now existing under the name the "Town of Monument" shall remain and continue to be a body politic and corporate under the same name and with the same boundaries existing at the time this Charter is adopted, unless and until lawfully changed.

It is the purpose of this Charter to establish a basic governmental structure that will provide for the effective and efficient conduct of the business of the Town. It is intended that the Charter shall facilitate participation in the affairs of the Town by all members of the community in the manner provided for herein.

The Town shall operate under the Council-Manager form of government.

(a) The Town shall have the power of local self-government and home rule and all power possible for a home rule municipality under the State Constitution. All such powers shall be exercised in a manner consistent with the United States Constitution, the State Constitution, and this Charter.

(b) Except as otherwise provided in this Charter, the Town shall also have all powers granted to cities, towns or municipalities by the State Constitution, the State statutes, and the common law.

(c) The enumeration of specific powers in this Charter shall not be considered as limiting or excluding the Town’s right to exercise and enjoy any other power under Article XX of the State Constitution. All powers of the Town shall be exercised in the manner set forth in this Charter or, if not provided for in this Charter, in such manner as shall be provided by ordinance or resolution.

(d) The Town shall be entitled to exercise all powers of eminent domain, both inside and outside of its boundaries, for any and all municipal purposes.

(e) The Town shall have the authority to form, own and operate any enterprise permitted by law.

This Charter may be amended in the manner provided in the State Constitution and the State statutes pertaining to home rule charter amendments. Proceedings to amend the Charter may be initiated by the filing of a petition meeting the requirements of the State statutes, or by the adoption of an ordinance by the Town Council submitting the proposed amendment to a vote of the Registered electors of the Town.

(a) No measure proposing an amendment to this Charter shall be submitted to the Registered electors of the Town if the measure contains more than one subject.

(b) The Town Clerk shall approve for petition circulation measures proposing Charter amendments only when such measures contain a single subject.

(c) A proposed Charter amendment violates the single subject requirement if it: (1) relates to more than one substantive issue; and (2) has at least two distinct and separate purposes which are not dependent upon or connected with each other.

 

(a) The Town Council shall be the governing body of the Town, and shall have such powers as are possessed by the Town and not conferred by this Charter on others. All such powers shall be exercised in the manner prescribed in this Charter or, if not provided for herein, in such manner as shall be provided by ordinance or resolution.

(b) The Town Council shall consist of six (6) Council members and a Mayor. Upon the adoption of this Charter, the Town shall be divided into four (4) separate districts, numbered 1, 2, 3 and 4, in the manner set forth in Article Six, below. One Council member shall be nominated and elected from each of the four districts. Only Registered electors from the district electing a particular Council member may vote for a Council member from that particular district. Two additional Council members and the Mayor shall be nominated and elected from the Town at large. All Registered electors may vote for the Mayor and the at large Council members.

(c) At the first regularly scheduled election to be held after the adoption of this Charter, the Registered electors shall elect three Council members, one from District 1, a second from District 3, and a third from the Town at large. At the following regularly scheduled election, the Registered electors shall elect three Council members, one from District 2, a second from District 4, a third from the Town at large, and the Mayor.

(a) The Mayor shall be a member of the Town Council and shall have the same voting powers as any Council member.

(b) The Mayor shall preside over meetings of the Town Council, and shall be recognized as the head of the Town government for all ceremonial purposes.

(c) By the affirmative vote of a majority of the entire Council, a Council member shall be appointed as Mayor Pro-tem, to perform the responsibilities of the Mayor when the Mayor is absent or is otherwise temporarily unable to perform the responsibilities of the Mayor.

(a) Each candidate for a Council member position shall be a Registered elector of the Town who has resided in the Town for at least twelve (12) consecutive months immediately preceding the election. In addition, to be nominated and elected to a Council member position from a specific district, a candidate must also have resided in his or her respective district for a period of at least twelve (12) consecutive months immediately preceding the election; except that, in case the boundaries of a district are changed pursuant to Section 6-6, below, or as a result of annexation, residence for the prescribed time period within territory added to the district shall be deemed to meet the residency requirements for the district to which the territory was added.

(b) The Mayor shall be a Registered elector of the Town who has resided within the limits of the Town for a period of at least (12) consecutive months immediately preceding the election; except that, in the case of annexation, residence within the annexed territory for the prescribed time period shall be deemed to meet the residency requirements of this section.

(c) No person who has been convicted of embezzlement of public funds, bribery, perjury, solicitation of bribery, or subornation of perjury shall be nominated or elected as Mayor or Council member.

(d) No employee of the Town, or a member of a Town Board or commission, may serve as Mayor or Council member while also an employee of the Town or member of such board or commission. Any such person who takes office as Mayor or Council member shall be deemed to have resigned from the position of Town employee, or Town board or commission member, on the date of taking office under Section 3-5. Additionally, no Council member or Mayor may be otherwise employed by the Town during their term of office, and for a period of six months following the completion of their term of office.

(e) No person may be a candidate for both Mayor and Council member at the same election, or hold both positions simultaneously. If a Council member runs for the position of Mayor, and is elected Mayor, the Council member shall be deemed to have resigned his or her Council member position on the date that he or she takes office as Mayor. If a Council Member runs for the position of Mayor, and is not elected Mayor, such Council Member shall be entitled to complete the term of his or her position as Council Member.

(f) The Mayor and each Council member shall continue to meet the eligibility requirements of this Charter throughout their term of office.

The Mayor and Council members shall be limited to three consecutive terms in office. For purposes of this limitation, all Council member seats are considered the same office, but the position of Mayor is not considered the same office as a Council member. Partial terms of office shall not count towards the limits set forth herein. After sitting out at least one full term of office, a candidate may be reelected to an office for which they have previously served, and the terms previously served shall not be counted towards the term limits set forth herein.

(a) Each Council member shall be elected for a four (4) year term. The Mayor shall be elected for a four (4) year term.

(b) The Mayor and each Council member shall take office at the first regular or special meeting of the Council following their election, and shall continue in office until their successors have been elected and take office, or a vacancy is earlier established.

(c) Before taking office, the Mayor and each Council member shall take and file with the Town Clerk an oath or affirmation to support the United States Constitution, the State Constitution, this Charter, and the Town's ordinances, and to faithfully perform the duties of the office.

Unless and until the Registered electors of the Town provide otherwise through an amendment to this Charter or through the adoption of an ordinance by initiative or referendum, neither the Mayor nor Council members shall receive any salary for their service. If the Registered electors amend the Charter or pass an ordinance to allow the Mayor and Council members to receive a salary, the amount of the salary may thereafter be increased or decreased by the Town Council through the adoption of an appropriate ordinance. However, any such increase or decrease shall be applied prospectively so that the salary of the Mayor, or of any Council member, shall not be increased or diminished during the term for which the Mayor or Council member has been elected. Subject to the Council’s approval, the Mayor and Council members may be reimbursed for the actual and necessary expenses in the performance of their duties of office.

(a) A vacancy shall exist if, during the term of office, the Mayor or a Council member dies, is judicially declared incompetent, resigns, is recalled without the election of a successor, no longer meets one (1) or more of the qualifications specified in Section 3-3, or has had more than three (3) consecutive unexcused absences from regular meetings of the Council.

(b) At each meeting, the Council shall determine, by motion, whether an absence is excused or unexcused. The motion shall set forth the reasons for the determination.

(c) The fourth consecutive unexcused absence from a regular meeting shall be deemed to constitute a vacation of the office effective on the date of the motion of the Council determining that such absence was unexcused.

(d) If a vacancy occurs in the office of Mayor or Council member, the Council may fill such vacancy within sixty days of the effective date of the vacancy by appointing a person eligible to hold such office. The appointee shall serve until the next regularly scheduled election, at which time any remaining unexpired portion of the vacated term shall be filled by election. Except as provided in subsection (e) and (f) of this section, if Council does not fill the vacancy by appointment within sixty (60) days of the effective date of the vacancy, the vacancy shall be filled at a special election to be held no later than 180 days from the date of the vacancy.

(e) If the Council fails to fill a vacancy by appointment, and a regular Town election will be held within one hundred eighty (180) days after the vacancy occurs, no special election shall be scheduled, and the vacancy shall be filled at that regular Town election.

(f) If the Council fails to fill a vacancy by appointment, and a general statewide election will be held within one hundred eighty (180) days after the vacancy occurs, the vacancy shall be filled at a special election which shall be held on the date of that statewide election.

 

(a) The Council shall meet regularly at least once each month. The Council shall prescribe the day and hour of its regular meetings and the procedures governing meetings.

(b) The Council shall cause written minutes of its regular and special meetings to be taken and retained in the records of the Town. In addition to written minutes, Council shall also cause its meetings to be electronically recorded, and such electronic recordings shall be maintained for not less than one year in the records of the Town. In the event of any conflict or discrepancy, written minutes, motions, resolutions and ordinances adopted by the Council shall control, and be given effect, over the electronic record of Council’s meetings.

(a) Special meetings shall be called by the Town Clerk on the request of the Mayor and one additional Council member, or any two Council members.

(b) A special meeting shall be held on at least forty-eight (48) hours written notice to each member of the Council, served personally or left at the Council member’s usual place of residence. The notice need not be served if the member has waived the notice in writing.

(c) The Council shall not take action on any item of business at any special meeting of the Council unless it has been stated in the notice of the meeting.

A majority of the members of the Council holding office at the time shall be a quorum for the transaction of business at all Council meetings.

(a) All regular and special meetings of the Council shall be open to the public, and persons shall have a reasonable opportunity to be heard at each meeting under such rules as the Council may prescribe.

(b) Public notice of each regular and special meeting shall be posted at least forty-eight (48) hours in advance of the meeting. The notice shall include specific agenda information to the extent available.

(c) No formal action, no final policy decision, no rule, regulation, resolution, or ordinance, and no action approving a contract or calling for the payment of money, shall be adopted or approved except at a regular or special meeting of Council. Subject to these requirements, a meeting may be recessed into an executive session by the affirmative vote of two-thirds (2/3) of the members of the Council present, for the following purposes only:

(i) To determine a position relative to issues subject to negotiation, to receive reports on the progress and status of negotiations, to develop negotiation strategy, and to instruct negotiations;

(ii) To consider the acquisition or disposal of property if, in the judgment of the Council, premature disclosure of information might give any person an unfair competitive or bargaining advantage;

(iii) For matters of attorney-client privilege, to receive legal advice from an attorney representing the Town, and for matters required by law to be kept confidential;

(iv) For matters critical to the personal safety of the members of the Council and for matters involving the protection and security of Town property;

(v) For personnel matters; and

(vi) To consider additional matters for which an executive session is permitted under the State statutes concerning the meetings of local public bodies.

(d) The general subject matter of any executive session shall be stated in the motion calling for the session.

(e) Except as authorized by the Council, as required or permitted by judicial order, or as otherwise required or permitted by law, no participant in any executive session shall reveal any information gained as a result of the session.

The Council shall act only by ordinance, resolution, or motion. Each action shall be recorded in the minutes of the meeting. The Council may select the appropriate form for its action, except where a particular form is required by this Charter or applicable State statutes. A true copy of every ordinance and resolution as adopted shall be numbered and retained in the records of the Town.

(a) The vote of the Mayor and each Council member on an ordinance or resolution shall be recorded in the minutes. A roll call vote on an ordinance or resolution shall be required when requested by either the Mayor or a Council member.

(b) Except where a greater number is required in this Charter, the final adoption of any ordinance shall require the affirmative vote of a majority of the Entire Council, and resolutions and motions shall require the affirmative vote of a majority of the members of the Council present and not abstaining from the vote.

(c) No member of the Council shall vote on any matter in which the member has a conflict of interest, as defined in Section 5-1.

(d) Except as provided in subsection (c) of this section, each member of the Council who is present shall vote on each matter. Any refusal to vote, except when an abstention is required by subsection (c) of this section, shall be recorded as an affirmative vote.

In addition to such acts of the Council as are required by the State Constitution to be by ordinance, the following Council actions may be taken only by the adoption of an ordinance in the manner provided for in this Charter:

(a) authorizing any appropriation of money;

(b) creating a debt or authorizing the borrowing of money;

(c) imposing a tax or increasing a tax rate;

(d) transferring any fee ownership in real property owned by the Town (any such action with respect to property devoted to park purposes must also comply with section 16-3, below);

(e) imposing or increasing the rates for services provided by utilities which are owned by the Town;

(f) entering into any intergovernmental agreements;

(g) selling any water rights owned by the Town (any such action must also comply with section 16-3, below);

(h) establishing any regulation which imposes a fine, imprisonment, or both; and

(i) any action required by applicable State statutes to be by ordinance.

(a) Every ordinance shall be introduced in printed form. The enacting clause of all ordinances shall be: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MONUMENT, COLORADO.

(b) Except as otherwise provided in this Charter, all ordinances shall take effect thirty (30) days after publication following final adoption. Unless otherwise specifically provided in the ordinance, every ordinance shall be deemed to contain a severability clause, whether stated therein or not.

The following procedures shall be employed in adopting any ordinance, except an emergency ordinance:

(a) The proposed ordinance shall be introduced by motion at a regular or special meeting of the Council. Except with respect to emergency ordinances, which are addressed below, either the first or second reading of a proposed ordinance shall be conducted at a regular meeting of Council.

(b) The proposed ordinance shall be read in full or by title.

(c) After the first reading, the Council shall vote to amend, preliminarily adopt, or reject the proposed ordinance, or take such other action as it deems appropriate.

(d) If the proposed ordinance is preliminarily adopted on first reading, it shall thereafter be published in full in a newspaper having general circulation in the Town.

(e) The proposed ordinance shall be introduced by motion at a second regular or special meeting of the council held not earlier than four (4) days after the first publication of the proposed ordinance.

(f) Prior to taking final action on the proposed ordinance, the Council shall permit public comments, then shall vote to amend, finally adopt, or reject the proposed ordinance, or take such other action, as it deems appropriate. If the proposed ordinance is amended, the text of the amendment shall be read in full.

(g) Upon final adoption, the ordinance shall be published in a newspaper having general circulation in the Town. Publication of the adopted ordinance shall be by title, together with an identification of the place where the adopted ordinance is available for public inspection.

(h) The adopted ordinance shall be signed by the Mayor and attested by the Town Clerk, and affidavits of publication shall be retained with the adopted ordinance in the Town’s records.

(a) Except as set forth in subsection (d) of this section, to meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances.

(b) A proposed emergency ordinance shall be introduced in the form or manner prescribed in section 4-9(a) through 4-9(c), above, except that the proposed emergency ordinance shall contain a declaration stating that an emergency exists and describing such emergency clearly and specifically. Prior to the final adoption of an emergency ordinance, the Council must receive evidence in support of the declaration that an emergency exists, and further, must make a specific finding of fact that a public emergency exists which affects life, health, property or the public peace. A proposed emergency ordinance may be finally adopted with or without amendment or rejected at the meeting at which it is introduced by a majority vote of the entire Council. After final adoption, an emergency ordinance shall be forthwith published, in full, in a newspaper of general circulation in the Town.

(c) An emergency ordinance shall become effective upon its adoption, or at such later time as may be specified therein. Every emergency ordinance shall automatically stand repealed as of the sixty-first day following the date on which it is adopted, but this automatic repeal shall not prevent re-enactment of the ordinance in accordance with this section if an emergency still exists, or re-enactment of the ordinance in accordance with the procedures set forth in section 4-9, above.

(d) No emergency ordinance may be adopted for purposes of:

(i) granting any person or persons a special privilege;

(ii) imposing a tax or increasing a tax rate; or

(iii) imposing or increasing the rates for services provided by utilities which are owned by the Town.

The Council shall cause all ordinances of a general and permanent nature to be codified. The codification, or any revisions to the codification, may be adopted by reference as provided in Section 4-12.

The Council may adopt, by ordinance, any code (for example, but not limited to, Uniform Building and Fire Codes) by reference. The procedure for adoption of a code by reference shall be as provided in the State statutes applicable to the adoption of codes by reference, or such other procedure as the Council may provide by ordinance. Every ordinance adopting a code by reference shall contain a notice that copies of the code are available for inspection at the office of the Town Clerk. Any penalty clause in such a code may be adopted only if set forth in full in the adopting ordinance.

All public records of the Town shall be open for inspection by any person in accordance with the State statutes concerning inspection of public records.

Penalties for the violation of Town ordinances shall be established by ordinance.

Persons who are elected, appointed, or employed representatives of the Town occupy a position of public trust. These persons are entrusted to apply their independent judgment to determine what is in the best interest of the Town, free from any personal conflict of interest. Thus, it is the purpose of this article to ensure that no elected, appointed or employed member of the Town shall take action upon any matter for which such person has a conflict of interest.

(a) A "conflict of interest" exists for persons covered by the terms of this article if such person is required to take official action upon any matter which is likely to materially impact such person’s pecuniary, property, or commercial interests or the same interests of such persons’ parent, spouse, or child.

(b) Notwithstanding the terms of sections 5.1(a), a "conflict of interest" does not arise when the matter in question serves the common public interest and the person covered by this article who is asked to take official action upon the matter will receive no greater or lesser benefit than other members of the public who are similarly situated.

(c) As used in this article, the term "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.

(a) If the Mayor, any Council member, or any member of a board or commission has a conflict of interest with regard to any matter before the Council, board, or commission, as applicable, the person shall disclose that he or she has a conflict of interest, but shall not disclose the specific nature of his or her interest. Thereafter, such person shall not vote on or otherwise take any official action concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member in voting on the matter.

(b) No Town employee shall take any official action concerning any matter as to which the employee has a conflict of interest.

(c) No person covered by the terms of this article shall use for personal or private gain, or for any other personal or private purposes, any information which is not available to the public and which is obtained by reason of the person’s position with the Town, nor shall such person disclose any such information except as required by law.

(d) The provisions of this article shall be in addition to any applicable conflict of interest provisions embodied in the State statutes, as now existing or as hereafter amended. To the fullest extent permitted by law, the terms of this article shall be deemed to supersede any such conflict of interest provisions of the State statutes that are less restrictive than this article.

 

Except as otherwise provided by this Charter or by a duly adopted ordinance, the Town’s elections shall be conducted in accordance with the State statutes contained in the Colorado Municipal Election Code, as now existing or as hereafter amended.

All regular and special elections shall be nonpartisan.

A regular election shall be held on the first Tuesday following the first Monday of April in each even-number year.

A special election shall be called by a resolution adopted at least thirty (30) days prior to the election. The resolution calling a special election shall set forth the date and purpose of the election.

Section 6-5 – Election Commission

(a) At the first regular meeting following the adoption of this Charter, the Council shall create a Temporary Election Commission. The Temporary Election Commission shall be comprised of the Town Clerk and two Registered electors from the Town. Within ninety (90) days from its creation, the Temporary Election Commission shall divide the Town into four (4) Districts, numbered 1 through 4. Districts shall be contiguous and compact, to the maximum extent possible. All Districts shall have approximately the same number of Registered electors, as determined by the number of Registered electors registered to vote on the date this Charter is adopted. The Town Clerk shall be the Chairperson of the Temporary Election Commission. The Temporary Election Commission shall be deemed dissolved upon the creation of the Election Commission as set forth in paragraph (b) below.

(b) Once the Temporary Election Commission has completed the task of dividing the Town into four Districts, Council shall create the Election Commission, which shall consist of the Town Clerk and four Registered electors of the Town. The Registered electors shall be appointed by Council, one from each of the Town’s four Districts. While serving as the registered elector members of the Election Commission, such persons shall not be employed by the Town or hold an elected office within the Town. The registered elector members from Districts 2 and 4 shall serve initial terms of four years. The registered elector members from Districts 1 and 3 shall serve initial terms of two years. After the initial terms, the terms of all Registered electors shall be four years. Such terms shall expire, and shall be filled by Council, at the first Council meeting following each regularly scheduled election.

(c) The Town Clerk shall be the Chairperson of the Election Commission.

(d) The Election Commission shall have the responsibilities and duties set forth in this Charter, and which may hereafter be set forth by ordinance, specifically including the conduct of elections in the Town.

(e) The Election Commission shall specify the official voting location(s) and adopt procedures for establishing proof of residency when there is a question of residency for a person who is registered to vote.

(f) The Election Commission shall provide for ballots or voting machines, for procedures to determine the winner of an election by lot in the event of a tie vote, for the canvassing of election returns, and for the issuance of appropriate election certificates.

(g) The Election Commission shall have the power to adopt reasonable rules and regulations not inconsistent with the State or Federal Constitution, this Charter, or the ordinances of the Town.

(a) No later than ninety (90) days prior to each regular election held subsequent to the date this Charter is adopted, the Election Commission shall make such adjustments to the geographic boundaries of the Districts, consistent with the terms of this Charter, as are necessary to ensure that the number of Registered electors in the District having the lowest number of Registered electors is not less than eighty-five percent (85%) of the number of Registered electors in the District with the highest number of Registered electors.

(b) Notwithstanding any other provision of this Charter, no change in District boundaries shall create a vacancy during the term of any Council member in office at the time of the change.

 

(a) The Registered electors of the Town may initiate a proposed ordinance, pursuant to the initiative power reserved by Article V, Section 1(9) of the State constitution, as to any legislative matter which is subject to said initiative power. Any initiated measure shall be in the form of an ordinance, using a format which must be approved by the Town Clerk. Except as otherwise provided for in this Article, the proposed ordinance shall be initiated, reviewed, circulated and presented in accordance with the procedures set forth in the State statutes pertaining to municipal initiatives.

(b) Unless and until such time as the number of Registered electors in the Town, measured at the time the Town Clerk approves the format of the initiative petition, exceeds 25,000 Registered electors, an initiative petition shall be signed by Registered electors of the Town equal in number to at least fifteen (15) percent of the total number of Registered electors of the Town registered to vote as of the date the format of the petition is approved by the Town Clerk. If the number of Registered electors in the Town, measured at the time the Town Clerk approves the format of the initiative petition, exceeds 25,000 Registered electors, the initiative petition shall be signed by Registered electors of the Town equal in number to at least ten (10) percent of the total number of Registered electors of the Town registered to vote as of the date the format of the petition was approved by the Town Clerk.

(c) The Town Clerk shall not count as valid any signature on an initiative petition if the date of the signature is prior to the date the format of the petition was approved by the Town Clerk.

(d) The Town Clerk shall not count as valid any signature on an initiative petition if more than ninety (90) days have elapsed between the date the format of the petition was approved by the Town Clerk and the date of the signature.

(a) The Registered electors may require an adopted ordinance to be referred to them at an election, pursuant to the referendum power reserved by Article V, Section 1(9) of the State Constitution, to the extent the ordinance constitutes a legislative matter which is subject to said referendum power. Except as otherwise provided in this Charter, the proposed ordinance shall be referred to the electorate using the methods and procedures set forth in the State statues pertaining to municipal referenda. The referendum power shall not apply to an emergency ordinance.

(b) The format and content of each referendum petition shall be approved by the Town Clerk.

(c) Unless and until such time as the number of Registered electors in the Town, measured at the time the Town Clerk approves the format of the referendum petition, exceeds 25,000 Registered electors, the referendum petition shall be signed by Registered electors of the Town equal in number to at least ten (10) percent of the total number of Registered electors of the Town registered to vote as of the date the ordinance which is the subject of the referendum petition was adopted by Council. If the number of Registered electors in the Town, measured at the time the Town Clerk approves the format of the referendum petition, exceeds 25,000 Registered electors, the referendum petition shall be signed by Registered electors of the Town equal in number to at least five (5) percent of the total number of Registered electors of the Town registered to vote as of the date the ordinance which is the subject of the referendum petition was adopted by Council.

(d) The Town Clerk shall not count as valid any signature on a referendum petition if the date of the signature is prior to the date the format of the referendum petition was approved by the Town Clerk.

Council shall have the power, on its own motion and without the necessity of a petition, to submit any proposed or adopted ordinance or resolution or any question to a vote of the Registered electors at any regular or special election.

(a) If a proposed ordinance or resolution referred to the Registered electors by Council receives a majority of the votes cast at such election, it shall be deemed finally adopted, and shall take effect, without any need for further publication, ten (10) days from the date of the election.

(b) If an adopted ordinance or resolution referred to the Registered electors by Council is repealed by the Registered electors, the ordinance or resolution shall be deemed repealed as of the date of the election.

(a) The Mayor or any council member may be recalled from office pursuant to the State statutes which establish procedures for the recall of municipal elective officers, except as otherwise provided in this Charter.

(b) The format of any recall petition shall be approved by the Town Clerk.

(c) A petition to recall a Council member elected from a particular district shall be signed by any Registered elector of the district from which the council member was elected, and a petition to recall the Mayor or an at large Council member shall be signed by any Registered elector of the Town. Unless and until such time as the number of Registered electors in the Town, measured at the time the Town Clerk approves the recall petition, exceeds 10,000 Registered electors, the signers shall number at least twenty-five (25) percent of the entire vote cast for all the candidates for that particular office at the last preceding election at which the person sought to be recalled was elected to office. If, at the time the Town Clerk approves the format of a recall petition, the number of Registered electors in the Town is between 10,001 and 20,000, the signers shall number at least twenty (20) percent of the entire vote cast for all the candidates for that particular office at the last preceding election at which the person sought to be recalled was elected to office. If at the time the Town Clerk approves the format of a recall petition, the number of Registered electors in the Town is 20,001 or more, the signers shall number at least fifteen (15) percent of the entire vote cast for all the candidates for that particular office at the last preceding election at which the person sought to be recalled was elected to office.

(d) If the office held by the person sought to be recalled would otherwise be filled at a regular Town election scheduled to be held within (90) days after submission of the recall petition, the petition shall not be accepted and no recall election shall be held.

(e) If a regular Town election is scheduled to be held within ninety (90) days after submission of the recall petition, even though that election is not the one at which the office held by the person sought to be recalled would otherwise be filled, the recall election shall be held at the same time as that regular election.

(f) If a general statewide election is scheduled to be held within ninety (90) days after submission of the recall petition, the recall election shall be held at the same time as that statewide election.

(g) After one (1) recall petition and election, no further petition shall be filed against the same person during the term for which such person was elected, unless the signers number at least fifty (50) percent of the entire vote cast for all candidates for that particular office at the last preceding election at which the person sought to be recalled was elected to office.

(a) No initiated ordinance adopted by the Registered electors of the Town may be substantively amended or repealed by the Council during a period of six (6) months after the date of the election on the initiated ordinance. Between six (6) months and one (1) year after the date of the election on the initiated ordinance, Council may substantively amend or repeal the initiated ordinance only if the amendment or repeal is approved by the affirmative vote of two-thirds (2/3) of the entire Council.

(b) No referred ordinance repealed by the Registered electors of the Town may be readopted by the Council during a period of six (6) months after the date of the election on the referred ordinance. Between six (6) months and one (1) year after the date of the election on the referred ordinance, Council may readopt the repealed ordinance only by the affirmative vote of two thirds (2/3) of the entire Council.

An initiative, referendum, or recall petition may be withdrawn at any time prior to thirty (30) days preceding the day scheduled for a vote, by filing with the Town Clerk a written request for withdrawal signed by a majority of the persons who are designated in the petition as representing the signers on matters affecting the petition. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.

The Town Clerk shall provide, upon request, a sample of the approved format for an initiative, referendum, or recall petition.

(a) No initiative or referendum shall be submitted to the Registered electors of the Town if the measure contains more than one subject.

(b) The Town Clerk shall approve for petition circulation measures proposing a referred or initiated ordinance only when such measures contain a single subject.

(c) A referred or initiated ordinance violates the single subject requirement if it: (1) relates to more than one substantive issue; and (2) has at least two distinct and separate purposes which are not dependent upon or connected with each other.

 

(a) The Town Council, by the affirmative vote of two-thirds (2/3) of the entire Council, shall appoint a Town Manager.

(b) The Council shall establish the Town Manager’s compensation.

(c) Unless otherwise agreed by the unanimous vote of the Council, the Town Manager shall become a resident of the Town within six (6) months of appointment, and shall remain a resident throughout the Manager’s appointment.

(d) The removal of the Town Manager may be made with or without cause, but shall require the affirmative vote of two-thirds (2/3) of the entire Council.

(a) During periods of vacation or anticipated leave, the Town Manager may appoint an Acting Town Manager who shall act in the Manager’s stead until the Town Manager’s return. The Acting Town Manager shall have the duties and authorities of the Town Manager, as set forth herein, except that the Acting Town Manager shall have no authority to hire or terminate Town employees.

(b) The Town Council, by the affirmative vote of two-thirds (2/3) of the Entire Council, shall designate a qualified person to serve as Temporary Town Manager if the Town Manager becomes incapacitated or the position becomes vacant. The Temporary Town Manager shall have all of the duties and authorities of the Town Manager. While the Town Manager position is vacant, Council shall have the authority to hire and/or terminate the Department head of any department in the Town.

During the period of the appointment, the Town Manager shall not be an employee of, or perform any services for compensation from, any person or entity other than the Town, unless the Manager has first obtained the written approval of the Town Council.

The Town Manager shall be the chief administrative officer of the Town. The Town Manager shall have the following powers and duties:

(a) Enforce the ordinances, resolutions, franchises, contracts, and other enactments of the Town.

(b) Prepare and submit a budget to the Council annually, and be responsible for the administration of the adopted budget.

(c) Prepare and submit to the Town Council a complete report on finances and administrative activities of the Town for the previous fiscal year.

(d) Keep the Town Council advised of the financial condition and future needs of the Town.

(e) Except as to the Municipal Court and the office of the Town Attorney, exercise supervision and control over all Town departments, and make recommendations to the Town Council concerning the establishment, consolidation or abolition of such departments.

(f) Attend Town Council meetings and participate in discussions with the Council in an advisory capacity.

(g) Inform the public of Town functions and activities.

(h) Perform such other duties as prescribed by this Charter, or as required by the Council and not inconsistent with this Charter.

(a) The Town Council, by the affirmative vote of two-thirds (2/3) of the entire Council, shall appoint a Town Clerk.

(b) The Town Clerk shall have the following duties and responsibilities:

(i) Attend all meetings of the Council and maintain a permanent record of all proceedings before Council;

(ii) Administer oaths and receive acknowledgments under the seal of the Town;

(iii) Maintain the Town seal and affix it to all documents and instruments which require the Town’s seal;

(iv) Maintain all papers, documents, and records pertaining to the Town;

(v) Provide and maintain a supply of forms for all petitions, referenda, or initiatives allowed under the terms of this Charter;

(vi) Serve as Chair of the Temporary Election Commission and Election Commission as provided for in Article Six, above; and

(vii) Such other duties and responsibilities as may be established by the Town Manager, or duly adopted ordinance.

(c) The Town Clerk’s employment may be terminated, with or without cause, only by the Town Manager or the affirmative vote of two-thirds (2/3) of the Entire Council.

The Council shall establish or abolish, by resolution, such Town departments as it deems appropriate to efficiently conduct the affairs of the Town. Except as otherwise provided in this Charter, all departments of the Town shall be under the direct supervision of the Town Manager.

(a) Except as otherwise provided in the Charter, neither the Council, the Mayor, nor any Council member, shall dictate or interfere with the appointment, or the duties, of any Town employee subordinate to the Town Manager, Presiding Municipal Judge, or to the Town Attorney, or prevent or interfere with the exercise of judgment in the performance of the employee’s responsibilities. The Council, the Mayor, and each Council member, shall deal with such employees solely through the Town Manager, Presiding Municipal Judge or the Town Attorney, as applicable, and shall not give orders or reprimands to any such employees.

(b) The Town Manager, Town Clerk, Presiding Municipal Judge and the Town Attorney shall be responsible to the Town Council for the proper administration of all matters placed in their charge by or pursuant to this Charter.

 

(a) The Town Council, by the affirmative vote of two-thirds (2/3) of the entire Council, shall appoint a Town Attorney to serve at the pleasure of the Council. The Town Attorney may be either an employee or independent contractor of the Town, as determined by Council.

(b) The Council shall establish the Town Attorney’s compensation.

(c) The Town Attorney shall be, at all times while serving as Town Attorney, an attorney licensed to practice in Colorado, and a member in good standing of the Bar of the Colorado Supreme Court.

(d) The removal of the Town Attorney shall require the affirmative vote of two thirds (2/3) of the entire Council.

(e) The Town Attorney shall serve as the chief legal advisor for the Town.

(f) The Council may employ such special legal counsel as it deems necessary or as may be recommended by the Town Attorney or the Town Manager.

(a) There shall be a Municipal Court vested with jurisdiction over matters arising under the Charter and ordinances of the Town. The Municipal Court shall be a court of record, with the record maintained by either electronic or stenographic recording.

(b) The Town Council shall appoint, by the affirmative vote of two-thirds (2/3) of the entire Council, a presiding municipal judge and such deputy municipal judges as the Council deems necessary. Each presiding and deputy municipal judge shall be appointed to an initial term of four (4) years, or such shorter period as remains between the date of appointment and the second regularly scheduled Town election after the judge’s appointment. Thereafter, each presiding and deputy municipal judge shall be subject to a retention election every four years. If the majority of votes cast at the election favor retention, the judge shall serve another four year term. If the majority of votes cast at the election oppose retention, the Town Council shall appoint a new judge who shall serve until the second regularly scheduled Town election after the judge’s appointment, at which time the judge will stand for a retention election in accordance with the procedures set forth herein.

(c) The Council shall establish, by ordinance, the compensation of the presiding municipal judge and each deputy municipal judge. Such salary shall be a fixed annual compensation and payable on a monthly or bi-weekly basis. The compensation shall not be dependent upon the outcome of matters to be decided by the judge.

(d) The presiding municipal judge and each deputy municipal judge shall be, at all times while serving as judge, an attorney licensed to practice in Colorado, and a member in good standing of the Bar of the Colorado Supreme Court.

(e) The removal of any judge during the term of office shall require the affirmative vote of two-thirds (2/3) of the entire Council. Any such removal shall only be for cause as specified in the statutes applicable to the removal of municipal judges, and for any other conduct which would constitute a violation of the Colorado Code of Judicial Conduct, as from time to time amended.

 

Each board and commission existing at the time this Charter is adopted shall continue, except as otherwise provided by ordinance. The Town Council may, by ordinance, establish, consolidate or abolish any board or commission.

(a) Except as otherwise provided by this Charter or by ordinance, each board and commission shall be advisory in character. The selection, term, and responsibilities concerning each board and commission shall be as established by ordinance. The policies and other matters concerning each board and commission shall be as established by resolution.

(b) The appointment or removal of any board or commission member who is required by ordinance or this Charter to be appointed by the Town Council may be made with or without cause, but shall require the affirmative vote of a majority of the entire Council.

(c) The members of each board and commission shall serve without compensation, but may be paid authorized expense actually incurred in the performance of their duties.

(d) No board or commission shall hold any executive session except in accordance with procedures and purposes specified in Section 4-4 of this Charter.

(e) Unless otherwise required by intergovernmental agreement or contract, neither the Mayor nor any Council member shall serve on any board or commission which acts in an advisory capacity towards Council during their respective terms of office. If, at the time this Charter is adopted, the Mayor or any Council member is currently serving on any such board or commission, such person shall be deemed to have resigned from such board or commission effective the date this Charter is adopted. Any vacancy created by such resignations shall be filled by the majority vote of the Town Council. Nothing contained herein shall preclude the Mayor or any Council member from serving on such committees as may be approved by Council.

 

The Town’s fiscal year shall be from January 1 through December 31.

(a) Unless a different date is set by the Town Council, the Town Manager shall submit to the Town Council, on or before October 15, a proposed budget for the ensuing fiscal year.

(b) The proposed budget shall provide a complete financial plan for the Town in a format acceptable to the Town Council. Except as otherwise provided by this Charter, the proposed budget shall be prepared in accordance with the State statutes establishing the local government budget laws and the local government uniform accounting laws.

As a part of the proposed budget or as a separate attachment thereto, the Town Manager shall also present a program of proposed capital projects for the ensuing fiscal year and the four (4) fiscal years thereafter. Estimates of the cost of such projects shall be submitted together with suggested methods of financing the same. The Town Manager may also recommend the omission or deferment of projects.

(a) Within fourteen (14) days after it receives the proposed budget and the proposed capital projects program from the Town Manager, the Town Council shall set the date and time for at least one (1) public hearing on the same.

(b) Notice of the public hearing shall be published at least once, and shall state that copies of the proposed budget and the proposed capital projects program are available for public inspection in the office of the Town Clerk.

(a) Unless another date is provided by ordinance, the Council shall adopt the budget, by ordinance, on or before the date provided by law for certification of the ad valorem property tax levy.

(b) If the Council fails to adopt the budget by the required date, the amounts budgeted and appropriated for the then-current fiscal year, together with any additional amounts necessary for payments of principal and interest on securities and other payment obligations, shall be deemed the budgeted and appropriated amounts for the next fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts the budget for that fiscal year.

(c) Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated, and shall constitute a levy of the ad valorem property tax therein provided. The Council shall cause the ad valorem property tax levy to be certified as provided by law.

(d) Notwithstanding any other provision of this Charter, an ordinance adopting or amending the budget, making any appropriation, or levying the ad valorem property tax, shall be effective upon final adoption.

(a) Except as otherwise provided in this Charter or by ordinance, procedures concerning supplemental appropriations, transfer, contingencies, and other matters pertaining to the budget, shall be as set forth in the State statutes concerning the budget of local governments.

(b) During the fiscal year, no Town department or other spending unit shall expend or contract to expend any money, or incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts appropriated by the Town Council. Any contract, verbal or written, made in violation of this subsection shall be void, and no moneys of the Town shall be paid on such contract; except that the Town Council may ratify such a contract if it determines that ratification would be in the best interest of the Town, and if it first adopts an ordinance making the necessary appropriation.

(c) Nothing in this section shall prevent the Town from entering into a multiple-year contract in the manner provided by law.

(d) The Town Council, by resolution, may authorize a maximum amount which the Town Manager may transfer from any unused balance of any general fund appropriation or portion thereof from one (1) department or other spending unit to another. Except as otherwise provided in this Charter, the transfer of monies from one (1) fund to another shall only be made by an ordinance amending the budget as adopted.

(e) Monthly, or more often if required by the Council, by ordinance or resolution, the Town Manager shall submit to the Council data showing the relation between the estimated and actual revenues and expenditures to date.

(f) The balance in any budget appropriation at the end of the fiscal year shall become a part of the same fund for the next fiscal year.

The Council shall provide for a financial audit, which shall be performed at least annually by a certified public accountant selected by the Council. The retention of the auditor shall be memorialized by an annual engagement letter which shall specify the nature and extent of the audit to be completed. The audit shall be performed in accordance with the State statutes establishing the local government audit laws, and shall include a manager’s letter and executive summary. Council shall change the firm which provides the audit at least once every four years, so that at least two different firms provide the Town's financial audit within any four year period. Copies of the audit shall be made available for public inspection.

Subject to any applicable limitation in the Colorado Constitution and this Charter, the Town may, through the adoption of an appropriate ordinance, borrow money and issue securities or enter into other obligations to evidence such borrowing in any form and in any manner determined by the Council to be advantageous to the Town.

The Town Council may adopt, by ordinance, such taxes as are not prohibited for home rule municipalities by the Colorado Constitution, subject to any applicable limitations in said Constitution, including any applicable voter approval requirements.

The Town shall have and exercise, in any matter pertaining to Town-owned utilities, all the authority and powers provided to statutory and home rule cities by the Colorado Constitution, State statutes and other applicable laws. This power and authority shall extend to all types of utilities, whether presently known or unknown, and regardless of whether the particular type of utility is owned by the Town at the time this Charter is adopted.

(a) The Council shall from time to time fix, establish, maintain, and provide for the collection of rates, fees, tools and charges for any utility services furnished by the Town.

(b) Such rates, fees, tools and charges shall be sufficient, in the Council’s judgment, to provide good service to the customers, pay all bonded indebtedness, pay legally required refunds, cover the cost of operation, maintenance, additions, extensions, betterments, and improvements, provide a reasonable return on the Town’s investment in utility properties and capital investments, and reimburse the general fund for administrative services and overhead provided and incurred by the Town on behalf of each utility, together with a sum which, in the Council’s judgment, is equivalent to that which would have been obtained from a franchise fee or utility occupation tax on the utility.

(c) The provisions of this section shall be subject at all times to the performance by the Town of all covenants and agreements made by it in connection with the issuance, sale or delivery of any bonds of the Town, payable out of the revenues derived from the operation of its utilities, whether such revenue bonds be heretofore or hereafter issued.

(a) The accounts of each utility owned and operated by the Town shall be kept separate and distinct from all other accounts of the Town.

(b) Loans from a utility account to another Town account shall be allowed only with the unanimous approval of the entire Council. All loans will require a repayment term not to exceed fifteen (15) years, and shall be repaid with interest. The interest rate shall be adjusted annually to a rate equivalent to the average return on Town investments for the preceding twelve (12) months.

(a) Subject to section 16-3(a), the Town shall have the right and power to buy, appropriate, adjudicate, sell, condemn, exchange, lease, own, control and otherwise deal in water rights, including the right to compel the dedication and conveyance of all water rights associated with real property as a condition precedent to obtaining or maintaining water or other municipal services from the Town.

(b) Council shall adopt procedures to identify, document, and permanently record the ownership of all water rights associated with all property located within the Town. Nothing contained in this section shall be construed as prohibiting Council from adopting appropriate ordinances which limit or prohibit the transfer or application of water associated with one parcel or development to another parcel or development.

 

(a) No franchise shall be granted, or renewed, for a term in excess of ten (10) years, including option periods. This limitation shall not prevent, nor require, the Town’s renewal of a franchise with the same entity after the expiration of a particular franchise term.

(b) Any franchise, and any renewal of or amendment to a franchise, shall be granted by the Town Council by ordinance. Any ordinance granting, renewing or amending a franchise shall be subject to a timely referendum, notwithstanding any emergency declaration in the ordinance. Such referendum shall be initiated and filed in accordance with the procedures set forth in this Charter, with the exception that, regardless of the Town’s population at the time the franchise referendum is initiated, the petition shall be signed by Registered electors of the Town equal in number to at least five (5) percent of the total number of Registered electors of the Town registered to vote as of the date the particular ordinance granting the franchise, renewal or amendment was adopted by the Town Council. If such an election is ordered, the grantee of such franchise shall deposit the cost of the election with the Town Clerk in an amount determined by the Town Clerk.

The Town may grant a permit or license at any time for the temporary use or occupation of any street, alley, other public way, or Town-owned place. Any such permit or license shall be revocable by the Town at any time without cause, whether or not such right to revoke is expressly reserved in the permit or license.

(a) The Council shall develop, adopt and may from time to time, amend a comprehensive plan which shall address the future use and development of land, facilities and services in the Town, and any anticipated plans for annexations of property into the Town, for a period of at least five years from the date of its adoption or modification.

(b) Prior to the adoption of the comprehensive plan, Council shall conduct a public hearing to address the same.

(c) At least annually, Council shall hold a public meeting to address any necessary changes or modifications to the comprehensive plan.

(d) The comprehensive plan shall serve as a guide for all future Council action concerning land use and development. Future land use and development may vary from the terms of the comprehensive plan only for good cause shown.

The annexation of any real property to the Town shall be consistent with the comprehensive plan, and shall be conducted in accordance with the procedures set forth in the Municipal Annexation Act of 1965 (Colorado Revised Statues §§ 31-12-101, et. seq.), as it may be amended from time to time. In addition to such statutory requirements, if the population of the area proposed to be annexed equals ten percent (10%) or more of the Town’s population at the time the annexation petition is submitted to the Town Council, then, in addition to the referenced statutory requirements, the annexation shall not become effective unless and until the proposed annexation is approved by a majority of the votes cast by the Registered electors of the Town voting at such election.

(a) The Council may adopt land use and development ordinances, including but not limited to, zoning ordinances, subdivision ordinances, and an official map of the Town.

(b) The Town’s land use and subdivision ordinances shall include such impact fees as are necessary to ensure that the cost of necessary public improvements and the use or depletion of public resources created by a specific development or project are paid for by that particular development or project.

(c) The Council may establish a town planning department or engage appropriate consultants to assist in adopting and implementing the comprehensive plan and related land use ordinances and regulations.

 

(a) When any question exists concerning the meaning of any portion of this Charter, it shall be interpreted consistently with the Charter’s purpose to reserve to the Town and its citizens the broadest possible powers of home rule and local self-government available under the Constitution of the State of Colorado, as limited only by the specific language of the Charter.

(b) Except as otherwise specifically provided or indicated by the context, all words used in the Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall extend to and include the time of happening of any event or requirement for which provision is made. As used herein, the singular shall include the plural and the plural shall include the singular.

If any part of this Charter or the application thereof to any person or circumstance is found to be invalid, such invalidity shall not affect the validity of any remaining part of this Charter, and to this end this Charter is declared to be severable.

The Town shall not convey the fee interest in, nor enter into any lease for more than two years with respect to:

(a) any water rights owned by the Town, or

(b) any real property owned by the Town which is used by the Town for Park purposes;

except upon the approval by a majority vote of the Registered electors of the Town voting thereon at a regular or special election. This section shall not apply to any transfer of water rights or park property to an enterprise wholly owned by the Town.

Before permitting any member of the Council or any Town employee to perform any function or duty involving the handling of Town funds, the Town shall obtain a fidelity bond or insurance coverage in an amount acceptable to the Council.

Except as otherwise provided in this Charter, the Council, on behalf of the Town, may receive bequests, gifts, and donations of all kinds of property with power to manage, sell, lease, or otherwise dispose or provide for the disposition of the same.

If the last day of any period required to be computed under this Charter is a Saturday, Sunday or Town holiday, the period shall be extended to include the next day which is not a Saturday, Sunday, or Town holiday.

Council shall, by ordinance, adopt appropriate sanctions, penalties or fines, to be imposed for any willful violation of this Charter.

Purchases or contracts for supplies, material, equipment, or improvements shall be made under such requirements with respect to competitive bidding as the Council may prescribe by ordinance.

This Charter shall become effective immediately upon its filing and recording with the Colorado Secretary of State following an election at which the Charter is approved by a majority of the votes cast by the Registered electors of the Town voting at such election.

All ordinances, resolutions, rules, and regulations of the Town which are not inconsistent with this Charter, and which are in force and effect on the effective date of the Charter, shall continue in full force and effect until repealed or amended. Any provision of any ordinance, resolution, rule, or regulation which is inconsistent with this Charter shall be deemed repealed as of the effective date of this Charter.

After this Charter is adopted, the employment of each employee of the Town serving on the effective date of this Charter shall continue subject to the terms of the Charter.

Except as provided in section 10(2)(e) above, after this Charter is adopted, the term of office of the Mayor and each Council member, and of the members of each Town board and commission serving prior to the effective date of this Charter, shall continue subject to the terms of the Charter. Only those terms resulting from elections held after the adoption of this Charter shall count towards the term limits set forth in section 3-4 of this Charter.

Neither the adoption of this Charter nor the amendment or repeal of any ordinance, resolution, rule, or regulation, or portion thereof, inconsistent with this Charter, shall be construed to destroy any existing property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the Town by virtue of any such ordinance, resolution, rule, or regulation, or portion thereof, or any other provision of law theretofore existing or otherwise accruing to the Town. All such rights shall vest in and inure to the Town or to any persons asserting any such claims against the Town as fully and as completely as though this Charter had not been adopted, and as though there had been no amendment or repeal of any ordinance, resolution, rule, regulation, or portion thereof. Such rights shall include but not be limited to:

(a) Any contractual relationship between the Town and any employee by virtue of any retirement and pension plans in effect on the effective date of this Charter; and

(b) Any franchises, contracts or agreements of the Town in effect on the effective date of this Charter.

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