CITY OF EDGEWATER

Home Rule Charter

 

Table of Contents

 

 

Article I. General Provisions

Article II. The Mayor

Article III. The Council

Article IV. Elections

Article V. Initiative, Referendum, and Recall

Article VI. Ordinances, Resolutions, and Motions

Article VII. Code of Ethics

Article VIII. Municipal Court – City Attorney

Article IX. City Manager

Article X. Administrative Departments

Article XI. Boards and Commissions

Article XII. Budget

Article XIII. Finance Administration

Article XIV. Municipal Borrowing

Article XV. Improvement Districts

Article XVI. Purchases and Sales

Article XVII. Franchises and Permits

Article XVIII. Taxation

Article XIX. Miscellaneous Legal Provisions

Article XX. Transitional Provisions

Article XXI. Definitions

 

 

 

CITY OF EDGEWATER

Home Rule Charter

 

Prefatory Synopsis

 

The members of the Charter Commission of the City of Edgewater, Colorado, hereby submit to the City Council and to the voters a proposed new home rule Charter that has been framed in conformity with Article XX of the Colorado Constitution and the Municipal Home Rule Act of 1971, as amended.

 

The Commission has sought to prepare a new Charter that meets the current and future needs of the City. The Commission recognizes that the Charter is a document of limitation on the home rule powers available to the City and its citizens. Therefore, the Commission has sought to include in the Charter important protections for the citizens. One of those protections is a limitation on the City’s ability to exercise the power of eminent domain to acquire private property.

 

The form of government provided by the new Charter is the Council-Mayor-Manager form. The new Charter provides for a City Manager to perform the administrative functions of the City. However, the Mayor, as a member of the City Council, continues to have significant responsibilities, such as the appointment of the members of most boards and commissions, voting when necessary to break a tie vote of the Council, and exercising the veto power over ordinances and resolutions.

 

In drafting this Charter, the Charter Commissioners referred to the charters of many other Colorado cities and towns; consulted with the state’s experts in municipal government; and solicited and secured the opinions of Edgewater’s citizens, employees and elected officials. It is with great appreciation that we thank each of you for your contributions to this process.

 

For ease of reference, words and phrases that are defined in Article XXI are italicized throughout the Charter.

 

The following summarizes some of the key provisions of the Charter as proposed by the Home Rule Charter Commission on March 18, 2008; future amendments may not be reflected in this summary.

 

Article I, General Provisions, contains a summary statement of the Charter's purposes, describes generally the home rule powers of the City, and provides for a Council-Mayor-Manager form of government. It also provides the procedure for amendments to the Charter; under that procedure, amendments may be initiated by ordinance or by petition, but must all be approved by the electors.

 

Article II, The Mayor, sets out provisions for the Mayor. The Mayor is a member of the City Council, but does not vote except to break a tie. The Mayor has the power to veto ordinances and resolutions, and the power to appoint the members of most City boards and commissions.

 

Article III, The Council, sets out provisions for the City Council. Procedures are specified for filling vacancies on the Council and terms of office are generally set at four years. Regular and special meeting requirements are established.

 

Article IV, Elections, sets out election procedures and requirements for regular and special municipal elections.

 

Article V, Initiative, Referendum and Recall, reserves to the voters the power to initiate proposed ordinances, the power to require adopted ordinances to be referred to a public vote, and the power to recall the Mayor or any Council member.

 

Article VI, Ordinances, Resolutions, and Motions, sets out the procedures to be followed for the adoption of ordinances, resolutions, and motions.

 

Article VII, Code of Ethics, establishes standards of ethical conduct for the Mayor and Council members, the City Manager, board and commission members, and officers and employees.

 

Article VIII, Municipal Court – City Attorney, sets out provisions for the Municipal Court, Municipal Judge, and City Attorney.

 

Article IX, City Manager, establishes the position of City Manager to perform the administrative functions of the City.

 

Article X, Administrative Departments, provides for the office of City Clerk, the Fire Department, the Police Department, the Department of Public Works, the Finance Department, and the Department of Parks and Recreation. Other departments may be created by ordinance of the City Council.

 

Article XI, Boards and Commissions, provides for the City’s boards and commissions. All existing boards and commissions are continued in effect. In addition, a new commission, the Charter Review and Compliance Commission, is established. The purpose of this Commission is the hear complaints alleging non-compliance with the Charter. This Commission is also charged with reviewing the Charter at least once every six years. Community Committees are recognized as a way for volunteers to organize and participate in City activities.

 

Article XII, Budget, sets out the procedures for preparation and adoption of the annual budget. At least one public hearing must be held on the proposed budget.

 

Article XIII, Finance Administration, makes provisions for the General Fund, a Capital Improvement Fund, a Capital Equipment Fund, Utility Funds, and special funds. An annual financial audit is required.

 

Article XIV, Municipal Borrowing, addresses municipal debts, contracts, and agreements.

 

Article XV, Improvement Districts, provides for the creation of improvement districts and increases the requirement for property owners petitioning for the creation of an improvement district to the property owners who will be assessed two-thirds of the entire estimated cost of the project.

 

Article XVI, Purchases and Sales, establishes procedures and requirements for purchases and sales.

 

Article XVII, Franchises and Permits, establishes procedures for the granting of franchises for the use of City rights-of-way, and for the granting of revocable permits or licenses.

 

Article XVIII, Taxation, establishes requirements for and limitations on the City’s tax and revenue powers.

 

Article XIX, Miscellaneous Legal Provisions, covers miscellaneous legal issues. An important limitation on the City’s exercise of the power of eminent domain is established in order to provide a disincentive against the use of that power to take private property from one owner in order to transfer it to another non-governmental owner.

 

Article XX, Transitional Provisions, provides for an orderly transition from the present City government to a Council-Mayor-Manager form of government.

 

Article XXI, Definitions, defines certain words and phrases used throughout the Charter.

 

In conclusion, the Commission believes that this new Charter provides a structure for a responsible and responsive government for the City of Edgewater, now and in the future, that will maintain and enhance the quality of life of the citizens, assure fiscal responsibility and accountability, continue the forward progress of the City, and continue to be responsive to the needs and concerns of the citizens.

 

 

ARTICLE I. GENERAL PROVISIONS

 

1.1 Name and boundaries. The municipal corporation heretofore existing as the City of Edgewater shall remain and continue as a body politic and corporate under this Charter, to be known as the City of Edgewater, with the same boundaries until changed in a manner authorized by law.

 

1.2 Purpose of Charter. 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 City. It is intended that the Charter shall provide for the fullest possible participation in the affairs of the City by every member of the community in the manner provided for herein.

 

1.3 Form of government. The municipal government provided by this Charter shall be the Council-Mayor-Manager form of government. Pursuant to the provisions of this Charter and subject only to limitations imposed by the State Constitution, all powers of the City shall be vested in an elective Mayor[1] and Council.

 

1.4 Powers, rights, and liabilities. (1) The City shall have all the power of local self-government and home rule and all power possible for the City 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.

 

(2) Except as otherwise provided in this Charter, the City shall also have all powers granted to cities, towns, and municipalities by the State statutes.

 

(3) The enumeration of specific powers in this Charter shall not be considered as limiting or excluding any other power under Article XX of the State Constitution. All powers 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.

 

1.5 Amendments to the Charter. 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:

 

(1) A petition meeting the requirements of the State statutes; or

 

(2) An ordinance, approved by at least five (5) Council members, submitting the proposed amendment to a vote of the registered electors of the City.

 

ARTICLE II. THE MAYOR

2.1 Election of Mayor. The Mayor shall be nominated and elected at large to a two-year term at each regular municipal election. The Mayor’s term of office shall begin at the first regular City Council meeting following certification of election results.

2.2 Qualifications. (1) No person shall be eligible to be elected to, or to be appointed to, fill a vacancy in the office of Mayor unless the person:

(a) is a citizen of the United States at the time of nomination or appointment;

(b) is at least 23 years of age at the time of nomination or appointment;

(c) is a registered elector at the time of nomination or appointment; and

(d) has been, for one year immediately preceding such election or appointment, a resident of the City. Any person who is a resident of the City or any area annexed to or consolidated with the City for the required length of time, as herein provided, shall be deemed to meet the resident requirements of this paragraph.

(2) No person who has been, or who is, convicted of embezzlement, bribery, solicitation of bribery, perjury, subornation of perjury, or any offense involving fraud, shall be capable of holding the office of Mayor.

(3) A person who holds a position as a board or commission member, or is a member of the Fire Department described in Section 10.2 in an elective rank above that of firefighter, or is an officer or employee of the City, shall be deemed to have resigned such position upon taking office as Mayor.

2.3 Powers of the Mayor. The Mayor shall be a member of the City Council, as set forth in Section 3.1, and shall also have all power and authority necessary for the efficient performance of the Mayor’s duties.

(1) The Mayor shall preside at the meetings of the Council and shall exercise such powers and perform such duties as are or may be conferred upon him or her by this Charter or by the ordinances of the City, so long as not inconsistent with this Charter.

(2) The Mayor shall have all of the power, rights, and privileges of a Council member, except that the Mayor shall be a non-voting member of Council. The Mayor’s presence shall not count toward a quorum of the Council, the Mayor shall vote only in order to break a tie, and the Mayor shall possess the veto power.

(3) The Mayor shall be recognized as the head of the City government for all ceremonial purposes, by the courts for serving civil process, and by the government for purposes of military law.

(4) The Mayor, at the first regular City Council meeting following certification of election results or following his or her appointment to office per Section 2.7(3) shall appoint a Mayor Pro Tempore, who shall assume all the duties of Mayor in the case of the Mayor’s absence.

(5) The Mayor shall have the exclusive authority to appoint all members of the City’s boards and commissions that exist pursuant to Article XI of this Charter, except that members of the City’s Charter Review and Compliance Commission established in Section 11.6 of this Charter shall be appointed by Council.

2.4 The Mayor and Administrative Service. The Mayor shall deal with the administrative service of the City solely as a member of Council.

2.5 Compensation. The compensation of the Mayor shall be set by ordinance and may be changed from time to time. Any increase in compensation shall take effect only on January 1^st following voter approval at a regular election.

2.6 Veto power of the Mayor. (1) Every ordinance or resolution passed by the Council shall be presented to the Mayor within two (2) business days after passage.

(2) To approve the ordinance or resolution, the Mayor shall sign it within three (3) business days after receiving it. If the Mayor does not return the ordinance or resolution to the Council within three (3) business days, it shall take effect as if the Mayor had approved it.

(3) To disapprove an ordinance or resolution, the Mayor shall veto the same and return it to the City Council within three (3) business days after receiving it, with the Mayor’s objections in writing. The Council may override the Mayor’s veto if at least five (5) members of the City Council vote to pass the same over the Mayor’s objections.

2.7 Vacancies. (1) A vacancy shall exist when the Mayor:

(a) fails to qualify, dies, resigns, is recalled from office, or moves from the City;

(b) is incapacitated, or is absent continuously from City meetings for more than three (3) months;

(c) is convicted of embezzlement, bribery, solicitation of bribery, perjury, subornation of perjury, or any offense involving fraud; or

(d) is judicially declared mentally incompetent.

(2) That such cause of vacancy exists shall be established by competent evidence thereof and placed on record in the Council minutes. The Council shall determine the validity of the evidence and, based on its determination, decide when a vacancy exists.

(3) A vacancy in the office of Mayor shall be filled by the Mayor Pro Tempore, and the vacancy caused in Council by the Mayor Pro Tempore’s accession to the seat of Mayor shall be filled according to the procedure set forth in Section 3.6 of this Charter. If the Mayor Pro Tempore should decline to accede to the seat of Mayor, the Council shall elect a new Mayor from within its current membership by a majority vote.

 

2.8 Term limits for the office of Mayor. In order to broaden the opportunities for public service, no individual shall serve more than four (4) consecutive terms in the office of Mayor, whether that limit is reached by election to two-year terms, by appointment to fill vacancies, or by a combination thereof. For the purposes of this Section 2.8, a “term” shall mean serving more than one (1) year in the office of Mayor. Terms in the office of Mayor shall be considered consecutive unless they occur more than one regular municipal election cycle apart.

 

ARTICLE III. THE COUNCIL

 

3.1 The Council. The legislative affairs of the City shall be vested in a City Council consisting of seven (7) Council members, plus the Mayor, who shall be a member of Council and whose voting power shall be limited as set forth in Section 2.3(2) of this Charter. All members of Council shall be nominated and elected at large.

 

3.2 Terms of Council members. (1) All Council members shall be elected to serve four (4) year terms unless a shorter term is required to restore the staggered expiration of terms to the Council following an appointment made necessary by a vacancy, as described in Section 3.6(4)(c) of this Charter. Two year terms are otherwise permitted only to restore the staggered expiration of terms to the Council. If two year terms are required in an election, the four (4) year term(s) shall go to the candidate(s) with the highest number of votes, and the two year term(s) shall go to the candidate(s) with the next highest number of votes.

(2) The terms of office of Council members shall commence at the first regular City Council meeting following certification of election results.

 

3.3 Compensation. The compensation of the Council members shall be set by ordinance and may be changed from time to time. Any increase in compensation shall take effect only on January 1^st following voter approval of the increase at a regular election, and any increase in compensation, once approved shall apply to all currently seated Council members.

 

3.4 Qualifications of Council members. (1) No person shall be eligible to be elected to, or to be appointed to, fill a vacancy in the office of Council member unless the person:

(a) is a citizen of the United States at the time of nomination or appointment;

(b) is at least 23 years of age at the time of nomination or appointment;

(c) is a registered elector at the time of nomination or appointment; and

(d) has been, for one year immediately preceding such election or appointment, a resident of the city. Any person who is a resident of the City, or of any area annexed to, or consolidated with the City for the required length of time, as herein provided, shall be deemed to meet the resident requirements of this paragraph.

(2) No person who has been, or who is convicted, of embezzlement, bribery, solicitation of bribery, perjury, subornation of perjury, or any offense involving fraud, shall be capable of holding the office of Council member.

(3) A person who holds a position as a board or commission member, or is a member of the Fire Department described in Section 10.2 in an elective rank above that of firefighter, or is an officer or employee of the City, shall be deemed to have resigned such position upon taking office as Council member.

3.5 Council Meetings. (1) The Council shall meet regularly at the City hall, at least once each month, at a day and hour to be fixed from time to time by Council.

(2) The Council shall adopt, and may change from time to time, rules of procedures for the conduct of Council meetings. Such rules shall provide citizens a reasonable opportunity to be heard during Council meetings. Where a question not addressed in such rules arises in the conduct of a Council meeting, the question shall be resolved, to the extent practicable, by Robert’s Rules of Order, newly revised, as from time to time amended.

(3) All meetings for the transaction of business shall be open to the public, except that the Council may go into executive session for the purpose of considering matters permitted by the state statute and according to the procedures set forth therefor in Title 24, Article 6, Part 4, of the Colorado Revised Statutes as may be amended from time to time.

(4) Four (4) Council members shall constitute a quorum for the transaction of business. The presence of the Mayor shall not count toward the quorum requirement.

(5) Special meetings of the Council shall be called by the City Clerk on the written request of the Mayor or of any four (4) Council members. At least forty-eight (48) hours written notice of the special meeting shall be served personally or left at each member’s usual place of residence, and shall be posted. A special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing. These requirements shall not apply in case of emergency.

3.6 Vacancy. (1) A vacancy shall exist when a Council member:

(a) fails to qualify, dies, resigns, is recalled from office, or moves from the City;

(b) is incapacitated, or is absent continuously from City meetings for more than three (3) months, or is derelict in the duties of Council member;

(c) is convicted of embezzlement, bribery, solicitation of bribery, perjury, subornation of perjury, or any offense involving fraud; or

(d) is judicially declared mentally incompetent.

(2) That such cause of vacancy exists shall be established by competent evidence thereof and placed on record in the Council minutes. By affirmative vote of a majority of the remaining currently seated Council members, the Council shall determine the validity of the evidence and, based on its determination, decide when a vacancy exists.

(3) Vacancies occurring within the first one hundred eighty (180) days following an election. If a vacancy occurs in the office of Council member within the first one hundred eighty (180) days following an election, Council shall act to fill the vacant seat by appointment. Appointments shall be made as follows, and the term of such appointment shall last only until the next regular municipal election:

(a) At the next regular Council meeting following the declaration of a vacancy, or as soon as practicable thereafter, Council shall act to appoint to the vacant seat the candidate who received the highest number of votes but who did not qualify to earn a Council seat at the last election.

(b) If the candidate who received the highest number of votes but who did not qualify to earn a Council seat refuses appointment, the appointment process set forth in Section 3.6(4) below shall control.

(4) Vacancies occurring more than one hundred eighty (180) days following an election. If a vacancy occurs in the office of Council member more than one hundred eighty (180) days following the last regular municipal election, Council shall act to fill the vacancy by appointment. Appointments shall be made as follows, and the term of such appointment shall, in all cases, last only until the next regular municipal election:

(a) Council shall cause to be posted and published notice of the vacancy for at least fourteen (14) but no more than thirty (30) days prior to making the appointment. After thirty (30) days, if there are no applications, the application period shall be held open for an additional thirty (30) days. During this application period, those interested and qualified to fill the vacancy may submit an application therefor to the City Clerk. The names of those persons who will be considered for appointment shall be posted and published as part of the agenda for the meeting at which the Council will consider and make the appointment.

(b) At the next regular Council meeting following the close of the application period, or as soon as practicable thereafter, Council shall act by a majority vote to appoint a member from the applications submitted.

(c) In order to preserve the existing stagger in the expiration of Council seats, the term of the appointment shall last only until the next regular election, and the length of the term to be filled at the next regular election may be two (2) years rather than four (4) years, if the shorter term is necessary to ensure that no more than four (4) four-year Council terms are decided at any one regular election.

(5) If three (3) Council member seats are vacant at the same time, Council shall call a special election to fill the vacancies, unless a regular election will occur within sixty (60) days. If more than three (3) Council member seats are vacant at the same time, the Election Commission shall call a special election to fill the vacancies, unless a regular election will occur within sixty (60) days.

 

3.7 Powers. (1) The Council shall have all municipal legislative powers as conferred by or pursuant to this Charter except those which may be exercised by the people through direct legislation. The Council shall act only by ordinance, resolution, or motion.

 

(2) The Council may establish by ordinance one or more ad hoc Council sub-committees for the purpose of researching or evaluating specific topics or issues. Any such sub-committee shall be granted advisory powers only, shall sunset when its defined purpose is accomplished, and shall be comprised solely of members of Council.

 

(3) The Council shall have the power to appoint and remove the Municipal Judge(s) and the City Attorney pursuant to Article VIII of this Charter; appoint and remove the City Manager pursuant to Section 9.1 of this Charter; and appoint and remove members of the City’s Charter Review and Compliance Commission established in Section 11.6 of this Charter.

 

3.8 Term limits for the office of Council member. In order to broaden the opportunities for public service, no Council member shall serve more than two consecutive terms in the office of Council member, whether that limit is reached by election to four-year terms, election to shorter terms, by appointments to fill vacancies, or by a combination thereof. For the purposes of this Section 3.8, a “term” shall mean serving more than two (2) years in the office of Council member. Terms in the office of Council member shall be considered consecutive unless they occur more than one regular municipal election cycle apart.

3.9 The Council and Administrative Service. Members of the Council shall deal with the administrative service of the City solely through the City Manager, and neither the Council nor any member of the Council shall give orders to any subordinates of the City Manager either publicly or privately.

 

ARTICLE IV. ELECTIONS

 

4.1 Election law. The provisions of the Municipal Election Laws, as set forth in the State statutes, shall apply to all elections held in the City, except as otherwise set forth in this Charter and in ordinances not inconsistent with this Charter.

4.2 Election date. A regular election shall be held on the first Tuesday in November of each odd-numbered year. This biennial election shall be known as the City’s “regular election,” and the roughly two years that pass between each regular election shall be known as the “regular municipal election cycle.”

4.3 Nonpartisan elections. All City elections shall be nonpartisan in nature.

4.4 Election Commission. (1) An Election Commission is hereby established which shall consist of three members. The members shall consist of the City Clerk, who shall be Chair of the Commission, and two Commissioners, who shall be appointed by City Council for overlapping terms of four years each. Each of the appointed Commissioners shall be a registered elector of the City. No Election Commissioner shall become the Mayor or Council member, without first resigning as Election Commissioner.

(2) The Election Commission shall have charge of all activities and duties required of it by this Charter, the Municipal Election Code, and by ordinances relating to the conduct of City elections. In any case, where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed.

(3) The Election Commission shall have the power to adopt reasonable rules and regulations. Such rules and regulations shall not be inconsistent with the State Constitution, this Charter, the Colorado Municipal Election Code, and the ordinances of the City.

4.5 Canvass of returns. The Election Commission shall meet within three (3) days after every election and canvass the returns thereof.

4.6 Nomination of Candidates. Candidates for City office shall be nominated by petition on forms supplied by the City Clerk. Nomination petitions may be circulated and signed beginning on the one hundred twentieth (120) day and ending on the thirtieth (30) day prior to the day of the election. Each petition shall be circulated and signed in the manner specified by state statute except as otherwise set forth herein. In elections coordinated with the County, nomination petition deadlines shall be modified to accommodate the requirements set forth in the Uniform Election Code of 1992, as may be amended from time to time.

4.7 Special Elections. A special election is an election held on any date other than the City’s regular election date. Special elections shall be called by a resolution adopted at least thirty (30) days prior to the election date, which resolution shall set forth the purpose of the special election.

 

ARTICLE V. INITIATIVE, REFERENDUM AND RECALL

 

5.1 Initiative. (1) The initiative power, reserved by Article V, Section 1(9) of the State Constitution, is hereby extended to the City’s registered electors as to that City legislation which is subject to the initiative power reserved in the State Constitution. Any initiated measure shall be in the form of an ordinance. The measure shall be initiated pursuant to the State statutes which establish procedures for a municipal initiative, except as otherwise provided in this Charter, and in ordinances not inconsistent with this Charter.

(2) An initiative petition shall be signed by registered electors of the City equal in number to at least 10 percent of the total number of electors of the City registered to vote at the regular election immediately preceding the filing of the petition. No signature on an initiative petition shall be valid if signed on a date more than 90 days prior to the date the signed petition is filed with the City. An initiative petition shall name two people who shall represent the petition for all purposes, and an initiative petition may be withdrawn any time prior to thirty days before the election by written request signed by both petition representatives.

5.2 Referendum. (1) The referendum power, reserved by Article V, Section 1(9) of the State Constitution, is hereby extended to the City’s registered electors as to those ordinances which are subject to the referendum power reserved in the State Constitution. Such ordinances shall be referred pursuant to the State statutes which establish procedures for a municipal referendum, except as otherwise provided in this Charter and in ordinances not inconsistent with this Charter.

(2) The referendum power shall not apply to an emergency ordinance, nor shall it apply to any appropriation adopted by ordinance for the support and maintenance of the City government

(3) A referendum petition shall be signed by registered electors of the City equal in number to at least 10 percent of the total number of electors of the City registered to vote at the regular election immediately preceding the filing of the petition. A referendum petition shall name two people who shall represent the petition for all purposes, and a referendum petition may be withdrawn any time prior to thirty days before the election by written request signed by both petition representatives.

5.3 Recall. (1) Any elected official, including the Mayor and any Council member, may be recalled at any time after six months in office, pursuant to the State statutes which establish municipal recall procedures, except as otherwise provided in this Charter and in ordinances not inconsistent with this Charter.

(2) A recall petition shall be signed by registered electors of the City. The signers shall number at least 25 percent of the ballots cast at the last preceding election. For the purpose of this Section, the “last preceding election” shall be the last preceding election at which the person sought to be recalled was elected to office, unless the person sought to be recalled was appointed to fill a vacancy, in which event it shall be the last preceding election at which the person who created the vacancy was elected to office.

(3) A recall petition shall designate a committee of not less than three (3) people but not more than (5) people who shall represent the petition for all purposes, and a recall petition may be withdrawn any time prior to thirty days before the election by written request signed by all petition representatives. Any signer of a recall petition may request that his or her name be stricken from the recall petition at any time prior to the date the petition is deemed sufficient by the City Clerk by filing a written request with the City Clerk and delivering a copy of the request to a member of the recall petition committee.

(4) 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 or appointed, unless the signers number at least 50 percent of the ballots cast at the last preceding election.

5.4 Council referendum. The Council shall have the power to submit to a vote of the registered electors at a regular or special election, without receipt of any petition, any proposed or adopted ordinance or any question.

5.5 Petition forms to be provided. The City Clerk shall provide, upon request, sample forms of initiative, referendum, or recall petitions which conform to the requirements of this Charter.

 

ARTICLE VI. ORDINANCES, RESOLUTIONS, AND MOTIONS

 

6.1 Ordinances, resolutions, motions. (1) All legislative enactments shall be in the form of ordinances.

(2) Each ordinance shall be confined to one subject, except in the case of a repealing ordinance or an annexation ordinance.

6.2 Voting. (1) The ayes and nays, or the equivalent as may be determined by Council, shall be taken upon the passage of all ordinances, resolutions, and motions, and entered upon the minutes.

(2) Except as otherwise provided in this Charter, every ordinance shall require the affirmative vote of a majority of the members of Council present for passage on first reading and the affirmative vote of four (4) members of Council for passage on final reading.

(3) Resolutions and motions shall require the affirmative vote of a majority of the members of Council present.

(4) Every member when present shall vote on each ordinance, resolution, and motion, except when prohibited pursuant to this Charter.

6.3 Required acts. In addition to such acts of the Council as are required by this Charter to be by ordinance, every act of the Council making an appropriation; imposing a fee of any kind; or authorizing any rule or regulation for the violation of which a penalty is imposed shall be by ordinance.

6.4 Form of ordinance. Every ordinance shall be introduced in typewritten form. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, COLORADO.” Except as otherwise provided in this Charter; all ordinances shall take effect no sooner than five (5) days after publication following final passage.

6.5 Procedure for passage. The course that an ordinance shall take for passage shall be:

(1) Introduction at any regular or special meeting by any member of Council, or by petition of the people as provided by this Charter.

(2) Reading may be done by title only unless any single member of Council objects, in which case, reading shall be done in full. If the ordinance is read by title only, a general summary of the ordinance shall also be read and at least one (1) copy of the ordinance shall be available for review by the public during the meeting at which the ordinance is considered.

(3) Passage or rejection on first reading by vote of the Council.

(4) If passed on first reading, the ordinance shall be posted and published in full, except as otherwise provided in this Charter.

(5) Second reading at a meeting not held earlier than seven (7) days after publication for final passage or rejection by vote of the Council. Reading may be done by title only unless any single member of Council objects, in which case, reading shall be done in full. If the ordinance is read by title only, a general summary of the ordinance shall also be read and at least one (1) copy of the ordinance shall be available for review by the public during the meeting at which the ordinance is considered. An ordinance may be amended before final passage by a vote of the Council.

(6) Following second reading, the ordinance shall be posted and published either in full or by title, except that if the ordinance is amended prior to final passage, any amendment shall be published in full, and except that any penalty contained in the ordinance shall be published in full.

(7) An emergency ordinance necessary for the immediate preservation of public property, health, welfare, peace, or safety, or the financial well-being of the City shall require at least five (5) affirmative votes and may be finally adopted at the same meeting in which it is introduced. The facts showing the need for the emergency ordinance shall be specifically stated in the ordinance. The Council’s determination as to the need for the emergency ordinance shall be final and conclusive on the question. An emergency ordinance shall take effect upon signature by the Mayor following adoption.

(8) No ordinance granting, renewing, or amending any franchise, initially imposing a tax, selling real property of the city, or fixing rates charged by any municipal utility system, shall be adopted as an emergency ordinance.

(9) The unintentional failure to publish an ordinance shall not affect the validity or enforceability of the ordinance.

6.6 Disposition. (1) Every ordinance adopted by the Council shall be numbered and shall be placed in the ordinance book. Adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by affixing the seal of the city and a certificate of publication, if applicable.

(2) Every ordinance adopted by the Council shall be effective upon expiration of the three (3) business days in which the Mayor may return the ordinance or submit a veto unless the Mayor exercises those powers as set forth by Section 2.6 of this Charter.

6.7 Codification. The Council shall cause ordinances of a general and permanent nature to be codified. Revisions to the codification may be adopted by reference as provided in Section 6.8.

6.8 Adoption of codes by reference. (1) The Council may adopt, by ordinance, any code 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.

(2) Every ordinance adopting a code by reference shall contain a notice that copies of the code are available at th