Government

City of Cañon City Charter

THE CHARTER OF THE CITY OF CAÑON CITY, COLORADO

PREAMBLE
We, the people of Cañon City, under the authority of the Constitution of the State of Colorado, do ordain and establish for our municipal government, this  Charter.

ARTICLE I NAME, BOUNDARIES, RIGHTS, POWERS AND LIABILITIES
Section 1--NAME, BOUNDARIES The municipal corporation, heretofore existing as a city of the second class in  Fremont County, State of Colorado, and known as Cañon City, shall remain and  continue a body politic incorporated under this Charter and with the same name  and boundaries, until changed in the manner authorized by law.
Section 2--RIGHTS, LIABILITIES By the name of Cañon City, the City shall have perpetual succession; shall own,  possess and hold all the property, real and personal, heretofore owned,  possessed and held by said City, and shall assume and manage all trusts in any  way connected therewith; and shall succeed to all rights and assume all  liabilities thereof.
Section 3--GENERAL POWERS The City of Cañon City shall have power to enact and to enforce all ordinances  necessary to protect life, health and property; to prevent and summarily abate  and remove nuisances; to preserve and promote good government, order, security,  amusement, peace, quiet, education, prosperity and general welfare of said City  and its inhabitants; to exercise all the municipal powers necessary or proper  for the complete and efficient management and control of the municipal property  and affairs of said City, to effectuate the due administration of the municipal  government thereof; to exercise such powers as conduce to the public welfare,  happiness and prosperity of said City and its inhabitants, and to enact and  enforce any and all ordinances upon any subject pertaining thereto; provided  that no ordinance shall be enacted inconsistent with the provisions of this  Charter, and provided further, that the specification of particular powers shall  never be construed as a limitation upon the general powers herein granted. It is  intended by this Charter to grant to and bestow upon the inhabitants of the City  of Cañon City, and upon the City of Cañon City full power of local  self-government, and it shall have and exercise all powers of municipal  government not prohibited to it by this Charter or by the provisions of the  Constitution of the State of Colorado.
Section 4--RESERVATION OF POWERS The City shall have all powers that are or hereafter may be granted to  municipalities by the Constitution or Laws of Colorado; and all such powers  whether expressed or implied shall be exercised and enforced in the manner  prescribed by this Charter, or when not prescribed herein, in such manner as  shall be provided by ordinance or resolution of the Council. In addition to all the powers enumerated in this Charter, implied thereby or  appropriate to the exercise thereof, the said City shall have and may exercise  in the manner hereinbefore provided, all other powers which, under the  Constitution and Laws of the State of Colorado, it would have been competent for  this Charter specifically to enumerate. (As amended by Ord. 27-2000 § 1 (part),  certified November 7, 2000).
Section 5--POWERS OF COUNCIL All governmental powers vested in Cañon City, or the people thereof, by the  Constitution and Laws of the State of Colorado are hereby vested in the Council  of Cañon City, except such powers as are otherwise expressly vested by  constitutional or Charter provisions; and such powers of the Council, subject to  constitutional and Charter limitations, shall be plenary as to both local and  municipal matters; and no enumeration of specific powers of the Council in this  Charter shall be construed as a limitation upon such general powers of the  Council. (As amended by Ord. 27-2000 § 1 (part), certified November 7, 2000).

ARTICLE II ELECTIVE OFFICERS
Section 1--ELECTIVE OFFICERS, DISTRICTS AND REAPPORTIONMENT A. The elective officers of the City under this Charter shall be seven (7)  Council members and one (1) Mayor, all of whom shall be nominated and elected at  large by the qualified electors of the City. B. The residence qualifications of Council Members shall be as follows: i) One (1) Council Member shall reside in the area of the City west of the west  line of Ninth Street, which area shall be designated as District One. ii) One (1) Council Member shall reside in the area of the City west of the west  line of Fifteenth Street (extended northerly and southerly into those areas  where said street does not exist) excepting the area designated as District One,  which area shall be designated as District Two. iii) One (1) Council Member shall reside in the area of the City west of the  west line of Cottonwood Avenue (extended northerly and southerly into areas  where said street does not exist) excepting the areas designated as Districts  One and Two, which area shall be designated as District Three. iv) One (1) Council Member shall reside in the area of the City lying east of  the west line of Cottonwood Avenue (extended northerly and southerly into areas  where said street does not exist) which area shall be designated as District  Four. v) The remaining three (3) Council Members and the Mayor shall be designated as  Council Members At Large and Mayor and shall not be subject to district  residence requirements. C. Every ten (10) years, and in each case not later than two (2) years following  the release of population figures for the City following the completion of each  national census, the City Council shall review the respective populations of the  four (4) districts identified in subsection B and, if necessary to equalize the  populations in each district, Council, by ordinance, shall reapportion the four  (4) districts so that the population of each district is approximately equal to  the population of the other three (3). No Council Member shall be disqualified  from serving out the balance of his or her term if reapportionment pursuant to  this subsection C should result in that Council Member's residence being  assigned to a district different from the one in which such Council Member  resided at the time of his or her election. (As amended by Ord. 2-1974,  certified April 5, 1974 and Ord. 27-1999 § 1 (part), certified November 2,  1999).
Section 2--QUALIFICATIONS A. No person shall be eligible to any elective office unless he or she shall  have been a resident and qualified elector of the City of Cañon City for one  year immediately preceding the date of the election which determines his or her  election. (As amended by Ord. 2-1974, § 4, certified April 5, 1974, by special  election certified June 30, 1978 and by Ord. 27-1999 § 1 (part), certified  November 2, 1999).
Section 3--VACANCIES A. A vacancy shall be declared to have occurred whenever an elective officer: i) Shall fail to qualify by the first (1st) regular council meeting in January  next following his or her election; ii) After commencement of his or her term, dies, resigns or removes from the  City, or, in the case of a Council Member elected from a district, removes  himself or herself from the residency district from which he or she was elected; iii) Is convicted of a felony; iv) Is unable to discharge the duties of the office to which he or she was  elected by reason of mental illness, mental deficiency, physical illness or  disability, chronic use of drugs or chronic intoxication; or v) Without reasonable excuse, absents himself or herself continuously from his  or her duties for a period of sixty (60) days or longer, such procedure for  determination of these facts shall be established by ordinance. B. City Council shall have the authority to establish written procedures that  will be used to determine whether circumstances or conduct justifying the  declaration of vacancy in accordance with the standards set forth in subsection  A of this Section 3 exist or have occurred. Upon the finding by a majority of  the City Council that cause exists for the declaring of a vacancy the City  Council shall have the authority and the duty to declare such vacancy. C. After a vacancy has been declared, City Council shall appoint a successor to  serve out the balance of the term for the vacant office. Any successor so  appointed must be qualified as provided for in Section 2 and, if not the Mayor  or a Council Member At Large, must also meet the residence qualification  provided for in subsection B of Section 1 which applies to the vacant office.  Council may establish additional rules for filling vacant offices, provided that  such rules are not in conflict with the provisions of this Article II. No  special election shall be called or conducted to fill a vacancy in an elective  office. (As amended by Ord. 16-1987 § 103, certified November 9, 1987 and Ord.  27-1999 § 1 (part), certified November 2, 1999).
Section 4--TERM The term of each Council Member shall be for four (4) years and the term of the  Mayor shall be two (2) years, subject however, to recall, as provided in this  Charter. All four (4) year terms shall be staggered in a manner consistent with  the 1999 and prior general elections of the City such that Council Members from  Districts One and Three and one (1) Council Member At Large always shall be  elected in the same general election and Council Members from Districts Two and  Four and two (2) Council Members At Large always shall be elected in the next  general election. (As amended by Ord. 2-1974, § 5, certified April 5, 1974 and  Ord. 27-1999 § 1 (part), certified November 2, 1999).
Section 5--WHEN THEY TAKE OFFICE All elective officers shall take office at the first (1st) regular Council  meeting in January next following their election to office. Unless he or she is  removed from office by recall or as a result of City Council's declaration of a  vacancy pursuant to Section 3, each elective officer shall hold office until his  or her successor has been duly elected, qualified and takes office. (As amended  by Ord. 16-1987 § 105, certified November 9, 1987 and Ord. 27-1999 § 1 (part),  certified November 2, 1999).

ARTICLE III THE COUNCIL
Section 1--COUNCIL A. The Council shall consist of seven (7) Council Members and one (1) Mayor. B. The Council shall be the Judge of the election and qualifications of its own  members; it shall determine its own rules and procedures and shall have power  and authorization to compel the attendance of its members by any lawful means.  (As amended by Ord. 2-1974, § 6, certified April 5, 1974 and Ord. 28-1999 § 1  (part), certified November 2, 1999).
Section 2--MAYOR The Mayor shall preside at meetings of the Council, represent the City in  intergovernmental relationships, appoint members of citizen advisory boards and  commissions, and perform other duties as specified by Council. The Mayor shall  be Ex-Officio President of the Council, but shall not vote upon any question  except to break a tie. The Mayor shall have no veto power. Upon order and  authorization of the Council the Mayor shall sign the minutes and records of all  ordinances and proceedings, and all warrants, bonds, coupons, contracts,  licenses, and other instruments required to be signed or executed by the Mayor  on behalf of the City. The Mayor shall perform ceremonial functions that are in  keeping with the proper conduct of the affairs of the City. (As amended by Ord.  28-1999 § 1 (part), certified November 2, 1999).
Section 3--COUNCIL MEMBER NOT TO HOLD OTHER CITY POSITION No member of the Council shall hold any other public office or position for  which compensation is paid out of City Funds. No member of the Council shall be  elected or appointed to any other office or position in the City government,  while a member of the Council. No former member of Council shall hold any  compensated office or employment with the City until one year after the  expiration of the term of which the member was elected to the Council.  Notwithstanding the foregoing, Council Members may serve on boards, commissions  and committees of the City on which members of Council are required or permitted  to serve and receive for their actual service on any such board, commission or  committee the same fees and benefits, if any, that are paid or otherwise  provided to all other members of the same board, commission or committee. (As  amended by Ord. 28-1999 § 1 (part), certified November 2, 1999).
Section 4--RULES OF COUNCIL The Council shall prescribe by ordinance or otherwise, as it may deem advisable,  the time and place of holding its regular meetings, and the manner of calling  special meetings, and such matters, once determined, shall not be changed except  by action of the Council. (As amended by Ord. 28-1999 § 1 (part), certified  November 2, 1999).
Section 5--QUORUM--MEETINGS OPEN Four (4) voting members shall constitute a quorum to conduct business. All  Council meetings at which legislative matters are discussed or passed upon shall  at all times be open to the public; and all records and minutes of the meetings  of the Council and of all actions taken therein shall be matters of public  record, and shall be open at all times during office hours to the inspection of  the public. (As amended by Ord. 28-1999 § 1 (part), certified November 2, 1999).
Section 6--VOTE ON ALL MEASURES A. Action of the Council shall be by ordinance, resolution or motion. Upon all  legislative matters and matters involving the expenditure of City funds, the  vote thereon shall be taken upon roll call by "Ayes" and "Nays" or by other  means which clearly identifies the vote by each member. The vote of each Council  Member thereon shall be recorded in the minutes of the proceedings of the  Council. B. All Council Members, and in case of a tie, the Mayor, when present, shall be  required to vote on all matters presented, unless a Council Member shall be  personally affected by the action, when the Council Member may, upon request, be  excused by action of the Council from voting. (As amended by Ord. 28-1999 § 1  (part), certified November 2, 1999).
Section 7--MAYOR PRO TEM The Council shall appoint one (1) of its members as Mayor pro tem and Vice  President of the Council, who shall have and exercise the same powers, authority  and duties as the Mayor, when the Mayor is out of the City or unable to act  because of disability. The Mayor pro tem shall preside over Council meetings  when the Mayor is absent and, unlike the Mayor, shall have the right to vote on  all matters presented during any such meeting. (As amended by Ord. 28-1999 § 1  (part), certified November 2, 1999).

ARTICLE IV DEPARTMENTS OF CITY GOVERNMENT
Section 1--BRANCHES OF GOVERNMENT The Government of the City shall be divided into three branches, viz:  legislative, judicial, and administrative and executive.
Section 2--LEGISLATIVE POWERS All legislative powers and duties shall be exercised or performed by the City  Council subject to referendum as herein provided, or by the people under the  initiative powers provided for in this Charter.
Section 3--JUDICIAL DEPARTMENT The judicial department shall be a "Municipal Court" presided over by a  "Municipal Judge," vested with exclusive original jurisdiction of all causes  arising under this Charter and the ordinances of the City for violation or  enforcement thereof. (As amended by general election certified November 3,  1981).
Section 4--ADMINISTRATIVE POWERS Except as may be otherwise provided in this Charter, the executive and  administrative authority, powers and duties of the City under this Charter,  shall be exercised or performed by the City Council, unless such authority,  powers and duties or any thereof be delegated to a "City Administrator" by the  action of the Council, as in this Charter provided. Such authority, powers and duties of the Council shall embrace the management,  supervision, and operation of the City water works; the care, protection,  supervision, management, upkeep and construction of City streets, alleys, public  places, parks, squares, boulevards, cemeteries, buildings and shops, and of  public works, utilities and properties; the management of the City's finances,  accounts and funds, and the funds of which the City may be Trustee; the  management, maintenance and safeguarding of the peace, health, and sanitation  and safety of the inhabitants of the City; the abatement of nuisances; the  purchase of supplies, materials, equipment, machines, and apparatuses and  leasing or renting of same, which may be required in the administration of the  City's affairs; and the doing of every act, the performance of every duty, and  the exercise of every power possessed by the City, which shall not be in  exercise of the legislative or judicial powers and duties of the City.
Section 5--COUNCIL MAY DELEGATE TO ADMINISTRATOR The City Council may employ an Administrator to perform any or all  administrative and executive powers and duties vested in it by this Charter or  by law, and may delegate to such Administrator any or all such powers and  duties, subject, however, to any rights of the people of the City exercisable by  initiative and referendum as in this Charter provided; but no powers, authority,  and duties shall be delegated to such Administrator which have been expressly  delegated by this Charter, without reservation, to some other appointive City  Officer.
Section 6--COUNCIL MAY ESTABLISH ADMINISTRATIVE DEPARTMENTS The City Council shall have power to establish, provide for and maintain a  Department of Finance, office of City Clerk, and other administrative  departments, boards and bureaus, as it may deem necessary or convenient to a  proper and orderly administration of the City's affairs. (As amended by general  election certified November 3, 1981).

ARTICLE V APPOINTIVE OFFICERS AND EMPLOYEES
Section 1--APPOINTIVE OFFICERS The appointive officers of the City shall be as follows: One City Attorney, one  Judge of the Municipal Court, and one City Administrator. (As amended by general  election certified November 3, 1981).
Section 2--TERMS OF OFFICE All such appointive officials, shall be appointed by the Council, and shall hold  office until the first regular Council meeting in January following each general  municipal election. (As amended by Ord. 16-1987 § 108, certified November 9,  1987).
Section 3--REMOVAL FOR CAUSE Any such appointed officer may be removed by the Council, for cause, in the  event such officer shall remove, secrete, embezzle or appropriate to his own use  any funds, records, books, or property belonging to the City or in the custody  of the City as Trustee, or otherwise; or in case any such officer shall fail,  refuse or neglect to perform the duties and functions of his office in a  careful, conscientious, prudent and industrious manner, or, in case it shall be  shown to the Council that such officer lacks the experience, qualifications, and  ability to properly perform and carry out the duties and functions of his office  and such characteristics were not apparent, and could not have been ascertained  by ordinary diligence, at the time of his appointment; or in case the Council,  in its judgment, shall deem the interests of the City insecure by reason of the  intemperate, immoral, or profligate habits and practices of such officer shown  to the satisfaction of the Council. The Council shall provide by ordinance or  resolution the procedure to be followed and the notice to be given the office  holder, in effecting removal of an officer, but any such removal shall not  become effective nor shall such office be declared vacant, until the expiration  of 30 days after written notice of removal, specifying the cause, shall be  served upon such officer either in person or by registered mail, and such  officer shall be given the opportunity during such 30-day period to present  evidence contradicting the causes stated in such notice and his removal shall be  thereafter reconsidered by the Council; provided that in case the financial  interests of the City shall be in immediate jeopardy by continuance of such  officer in office, the Council may declare an emergency to exist and may effect  removal of such officer immediately upon action of the Council.
Section 4--VACANCIES The Council shall, in case of the death, resignation, or removal of an officer,  declare the office vacant and appoint a qualified person to the office to fill  such vacancy.
Section 5--ALL OTHERS ARE EMPLOYEES All other persons serving the City in any capacity, whether designated as a  foreman, supervisor, laborer or member of a board, commission or bureau, or  whether performing professional, scientific or specific services for and on  behalf of the City are hereby declared to be employees and not officers and  shall hold their office or employment at the pleasure of the Council.

ARTICLE VI DUTIES--QUALIFICATIONS--OATHS--BONDS OF OFFICERS
Section 1--CITY ATTORNEY QUALIFICATIONS. The City Attorney shall be a reputable attorney at law, admitted  to practice before the Supreme Court of the State of Colorado, who shall have  had at least two (2) years' experience in the general practice of law. POWERS AND DUTIES. He shall draw ordinances, contracts and other instruments  which may be required by the City Council or City Officers, pertaining to the  affairs of the City. He shall be the legal advisor of the City Council and of  all City officers and departments with respect to City affairs. He shall  represent the City in its Municipal Court and in other courts when the City or  any officer or department thereof, on behalf of the City, shall be a party, or  the City shall be a party in interest. He shall sign and verify, when necessary,  on behalf of the City, all pleadings, affidavits and other papers necessary to  be signed by the City in connection with any such court proceedings or  litigation in which the City may be involved. He shall attend all Council  meetings, both regular and special, and shall perform all other duties connected  with the affairs of the City or litigation in which the City may be involved,  required of him by the City Council, or by ordinance, when the advice or  services of an attorney shall be necessary, but he shall neither prosecute nor  defend any action or proceeding on behalf of the City or its officers or  departments, in any court other than the Municipal Court, without the prior  approval of the City Council. He shall have such other powers and duties and be subject to such measures as  may be provided in this Charter, or by ordinance, or resolution of the Council.  (As amended by Ord. 16-1980 § 1, certified October 7, 1980, and by general  election certified November 3, 1981).
Section 2--MUNICIPAL JUDGE QUALIFICATION The Municipal Judge shall be a reputable attorney at law, admitted to practice  before the Supreme Court of the State of Colorado, who shall have had at least  two (2) years' experience in the practice of law. The Municipal Judge need not  be a resident of the City of Cañon City, but shall be, at all times, a permanent  resident of the metropolitan area of said City. (As added by general election  certified November 3, 1981).
Section 3--CITY ADMINISTRATOR QUALIFICATIONS, POWERS AND DUTIES. The Council may appoint some person with sufficient experience, education and  training for the position, as City Administrator, who shall have such authority  and perform such duties of the City not specifically delegated in this Charter  to some other appointive officer of the City, as the Council may provide. (As  amended by general election certified November 3, 1981).
Section 4--OATHS OF OFFICE Before entering upon the performance of the duties of the office, each officer,  both elective and appointive, shall take and subscribe oath before some officer  qualified to administer oaths, and file the same in the office of the City  Clerk, that he will uphold and defend the Constitutions of the United States and  of the State of Colorado, and the ordinances, Charter, and laws of the City of  Cañon City, and will perform the duties of his office to the best of his  ability. (As amended by general election certified November 3, 1981).
Section 5--BONDS No bond shall be required of the members of the City Council, City Attorney or  Municipal Judge. The Council may require the City Administrator to furnish a  bond to the City in such sum as it may determine conditioned upon his faithful  performance of the duties of his office. (As amended by general election  certified November 3, 1981).
Section 6--SALARIES The Mayor and members of the City Council under this Charter shall receive  annually the sum of $180.00 payable in 12 monthly installments of $15.00 each;  provided, that the Council may, by ordinance, increase or decrease such  salaries, but no increase shall enure to the benefit of any incumbent in office. All other officers, employees and persons serving the City in any capacity after  the effective date of this Charter shall receive such compensation for services  actually rendered as may be determined from time to time by the City Council, by  ordinance, resolution, or contract of employment approved by the Council;  provided that all persons serving the City in any capacity upon the effective  date of this Charter and continuing thereafter to perform the same services and  functions as of the office or employment under which they were appointed or  employed, shall receive the same compensation for services as are in effect at  the effective date of this Charter, until otherwise provided by the Council. The Council shall, by ordinance, not later than the month of January 1946, fix  the salaries of the City Attorney, Municipal Judge, and City Administrator and  such salaries shall not be increased or decreased except by ordinance. The  salaries of said officers, thus fixed, shall be retroactive to the time they  shall qualify as such officers. All salaries and compensation shall be paid out of City funds, only, and no part  of the salaries or compensation of an officer or employee shall be credited or  paid out of the fees of his office or out of the charges, fines or costs  collected by him. All fees, fines, charges and costs charged or collected by any  officer or employee connected with the performance of the duties of such officer  or employee, shall belong to the City, and shall be turned over to the Director  of Finance. (As amended by general election certified November 3, 1981).

ARTICLE VII FINANCE, APPROPRIATION AND TAXATION
Section 1--FISCAL YEAR The fiscal year of the City shall commence on January 1st and end at midnight of  December 31st of each calendar year.
Section 2--DEPOSIT OF FUNDS The cash balances in any fund, not invested, and current funds of the City,  shall be deposited by the Director of Finance in either (1) the local banks of  the City, without discrimination, and equally as far as practicable, upon such  guaranty against loss as the Council shall deem advisable or may be able to  procure, or (2) with any moneys invested by other local governments in Colorado  in any statutorily authorized fund established for the purpose of pooling  surplus funds of any local government entity for investment purposes, in such  proportions as the Director of Finance deems advisable, subject to the power of  Council, in its discretion, to direct the apportionment of such investments  between local banks and such investment pools. Nothing herein contained shall  make the Council or any member thereof personally liable to the City in case of  loss of any funds so deposited. (As amended by general election certified  November 3, 1981, and by general election certified November 13, 1989).
Section 3--BILLS, CLAIMS AND DEMANDS AGAINST CITY REQUISITIONS. No purchase shall be made or any indebtedness incurred on behalf  of the City therefor, unless a proper requisition be made by the agency  requesting the purchase and approved by the officer to whom the authority and  duty shall be delegated to approve the same. VOUCHERS. No demand for money against the City shall be approved, allowed,  audited or paid unless it be in writing, and upon a form of voucher prescribed  by the Council, and dated and sufficiently itemized to identify the expenditure  and which shall have attached thereto a requisition approved in the manner  aforesaid; provided, that bills for salaries or compensations of officers and  regular employees, and for fixed expenses or items purchased after they have  been ordered purchased by the Council, may be paid without requisition attached.  All vouchers shall be approved by the Council before warrant is drawn therefor. WARRANTS. Demands against the City shall be paid only by warrant drawn on the  City Treasury by the Director of Finance, stating the date, fund out of which  payable, the person, firm or corporation to whose order it is payable, the  amount thereof, and stating the number of the voucher filed and approved for its  payment. If a City Administrator is appointed and acting, he may be authorized  to draw all warrants and the Director of Finance shall countersign the same. COMPETITIVE BIDDING. No purchase shall be made and no contract for work,  services and labor, except professional and scientific services, shall be  entered into, involving an expenditure of more than $500.00 unless bids be asked  and received therefor, under rules prescribed by the Council. Contracts for work, services or labor, above mentioned, shall be deemed to  include only independent contracts, and shall not be deemed to include any  contract of employment on behalf of the City for an hourly, daily, weekly, or  monthly wage, salary or compensation, or when such person would be deemed an  employee under the Federal Social Security Act. Contracts, wherein the  furnishing of materials or part thereof, is combined with work, labor or  services, shall be deemed contracts for work, labor or services. CONTRACTORS. The City shall observe the provisions of law pertaining to  contracts for public work, for the protection of subcontractors, laborers,  materialmen, and the City. The Council may make any further reasonable  requirements in respect to such contracts as it deems necessary or advisable.  (Amendment certified November 2, 1971, and amended by general election certified  November 3, 1981).
Section 4--INVESTMENTS Moneys remaining in any fund which the Council may by resolution at any time  determine will not be required to be disbursed for a period of six months  thereafter, may in the discretion of the Council be invested in one or more of  the securities permitted by the Statutes of Colorado governing investment of  trust funds, or in securities of special improvement districts lying wholly  within the City, or bonds payable out of the revenues of any service or facility  furnished by the City, or in general obligation bonds of the City; provided,  that special improvement district funds shall not be invested.
Section 5--FUNDS OF THE CITY The funds of the City shall be as follows: A. WATER FUND. The Water Fund shall consist of all revenues of the water  department. Such revenues shall not be used or appropriated for any purpose  other than payment of the operating expenses of the water department, for  improvements, repairs, replacements and enlargements to the water plant or  facilities, and the payment of the principal of, and interest on, the  obligations of the City payable out of the revenues of the water department. B. CEMETERY FUND. Not less than 40% of the current revenues derived from the  sale of grave lots at Lakeside Cemetery shall be kept in a fund known as the  "Cemetery Fund," and the same shall not be appropriated or used for any purpose  until such time when, in the opinion of the Council, the earnings from  investment of such funds shall be sufficient to provide for the perpetual care  of Lakeside Cemetery. As long as such earnings shall be sufficient to provide  perpetual care, all such revenues from the sale of such grave lots may be used  for other City purposes. The Lakeside and Greenwood cemeteries shall be  maintained by the City and such expenditures shall be made therefor as the  Council may determine. C. PARK IMPROVEMENT FUND. Annually, an amount not less than a sum equal to 20%  of all net revenues derived by the City from public parks owned or controlled by  it or the sum of $30,000.00, whichever shall be the greater, irrespective of  source, shall be used or appropriated only for the purpose of purchasing lands,  making improvements, and the purchase of equipment, supplies and materials, and  for labor, in the connection with the acquisition and maintenance of public  parks, including the Royal Gorge Park and other parks owned or held under lease  and maintained by the City. D. GENERAL FUND. All revenues of the City not herein otherwise specifically  required to be appropriated shall be held and used in the General Fund and  appropriated for the general uses and purposes of the City. E. EXCESS SPECIAL IMPROVEMENT DISTRICT FUND. i. All surplus moneys, tax sale certificates and property in any special  improvement district fund remaining after retirement of all bonds and the  interest thereon payable out of such fund, shall be held and used for the  payment of the principal of unpaid bonds outstanding against any defaulting  special improvement districts after all the moneys, property and securities  remaining in the fund of such defaulting district shall have been exhausted or  turned over to the City; and the Council shall have the power and authority to  appropriate, by ordinance, the moneys or any part thereof, at any time remaining  in such excess special Improvement District Fund, to the payment of any  outstanding bonds in any such defaulting district, whenever the holders of the  outstanding bonds in any such defaulting special improvement district shall, by  instrument in writing, surrender, transfer and convey to the City all tax sale  certificates and property belonging to such district, and make an arrangement in  writing, satisfactory to the City as to the order of distribution among such  outstanding bondholders of the funds appropriated by such ordinance. ii. The City may take a Tax Deed in its own name upon any certificates acquired  by it in the manner aforesaid, free from any trusts previously applicable  thereto, and may use, sell or transfer any property or tax certificate so  acquired, as the Council may deem advisable; provided, that all such sales shall  be made to the highest bidder according to rules prescribed by the Council. iii. When any state and county taxes shall be outstanding against any real  property so acquired by the City, or against any real property on which the City  shall hold an unredeemed special improvement tax sale certificate, the City may  pay any such state and county taxes or purchase any outstanding certificate held  by the county against such real property, and use the moneys in such fund for  that purpose, in order to protect its interest in such real property so held by  it or against which it may hold a special improvement tax certificate. iv. Any real estate acquired by the City in the manner authorized by this  section shall be disposed of to the highest bidder, within two years after  acquisition thereof by the City, unless such real estate shall be appropriated  to a public use within such period. F. OTHER FUNDS. Nothing herein contained shall prevent the Council from  establishing such other funds or trustee accounts as may be convenient or  necessary for the proper administration of the affairs of the City, subject,  however, to the provision of this Charter. (As amended August 2, 1967, and by  special election certified June 30, 1978).
Section 6--BUDGET AND APPROPRIATIONS A. Prior to October 1st in each year the Director of Finance shall procure from  the heads of the departments an estimate of the probable expenditures in each  department for the next ensuing fiscal year, including interest and principal of  outstanding indebtedness becoming due, and any unpaid warrants, and also an  estimate of the revenues of the City derived from sources other than taxes on  property, and he shall prepare and present to the Council a tentative budget on  or before said date showing in detail the required expenditures in each  department and all anticipated revenues, arranging the budget as may be required  by the Council. B. The Council shall annually consider such budget and revise the same as it may  deem advisable, and prior to the end of the fiscal year shall adopt such budget  and pass an appropriation ordinance appropriating such sums as it may deem  necessary to defray the expenses and liabilities of the City, according to such  budget, specifying the objects and purposes for which such expenditure is to be  made, and the fund out of which the same shall be paid. Such budget, when  approved by the Council shall be kept on file in the office of the Director of  Finance for inspection by the Council and all interested parties. C. Except as otherwise provided in this Charter, no contract involving any  expenditure of money shall be entered into, and no expenditure shall be made  during the current year for any object or purpose in excess of the amounts set  aside for such object or purpose in the said budget and annual appropriation  ordinance. i. (a) Provided, however that provision may be made in such budget and  appropriation ordinance for a Contingent General Fund to cover items of  expenditure which cannot be reasonably anticipated at the time of making such  budget and ordinance, not exceeding ten percent (10%) of the total of the annual  appropriations, exclusive of the appropriations to the water department, the  amount by which it is estimated that the Cemetery Fund will be increased during  the fiscal year, and the amount appropriated to pay principal of outstanding  bonded indebtedness, as provided for in such budget. (b) All sums, revenues and balances in the Water Fund not otherwise budgeted  shall be determined to have been budgeted and shall be appropriated as a  Contingent Water Fund available for items of expenditure which cannot be  reasonably anticipated or for any emergency in maintaining an adequate water  supply and water treatment and distribution system for the residents of the City  of Cañon City. (c) Any sums paid from the contingent funds referred to in Paragraphs (a) and  (b) of this Subsection (C)(i), whether from the General Contingent Fund or the  Water Contingent Fund, shall be done by resolution, which resolution shall be  deemed to be an amendment to the annual budget for the then current year. ii. Provided, further, that if the City Council shall find at any time during  the fiscal year that the funds appropriated for any object or purpose shall be  in excess of those needed for such object or purpose, such excess fund may be  used to meet any unexpected and necessary expenditure for any object or purpose  when the amount appropriated therefor shall be insufficient, or when no  appropriation shall have been made therefor. iii. Provided, further, that the Council is empowered and authorized to encumber  and expend moneys or funds not included in the annual budget and not included in  the annual appropriation ordinance received from grants, gifts and bequests,  including federal and state funds for any purpose permitted by law, this  Charter, and ordinances of the City, and to enter into contracts with the United  States, the State of Colorado, or any agency of either, or with the donor of  such funds and upon such conditions as the grantor or donor of such funds may  impose. The Council may budget and appropriate matching funds (City moneys not  received in the grant, gift, or bequest) wherever funds, grants, gifts, bequests  and contractual assistances are available to the City on such basis. Any such  matching funds, when encumbered or expended, may be charged to any contingent  item, account, or classification contained in the current annual budget of any  City Fund established under the provisions of this Charter or ordinance adopted  pursuant to this chapter. D. If the City Council shall delegate the authority to prepare the budget to a  City Administrator, then he shall perform the duties herein required of the  Director of Finance. (As amended by special election certified June 30, 1978,  and by general election certified November 3, 1981, and by Ord. 16-1987 § 107,  certified November 9, 1987).
Section 7--LEVY AND COLLECTION OF TAXES FOR CITY PURPOSES The mill levy shall be fixed and certified, and all taxes both general and  special, shall be levied, collected and payment thereof enforced, in the manner  now or hereafter provided by law for the levy and collection of taxes by cities  of the second class in the State of Colorado. All assessments and equalizations for City tax purposes shall be made as now or  may be hereafter provided by law with respect to assessments and equalizations  for general State and County Taxes.
Section 8--GENERAL OBLIGATION BONDS AND REFUNDING BONDS General obligation bonds and funding and refunding bonds shall be authorized and  issued in the manner now or hereafter provided by law for the authorization and  issuance of such bonds in cities of the second class under the Statutes of  Colorado. Provided, that no original, funding or refunding bond shall be  authorized or issued which shall mature at a date later than 30 years after the  date of issuance, and that the payment of said bonds within the time determined  by the Council of the City, by ordinance (but not in excess of 30 years) shall  be determined by the Council in said ordinance and need not provide for equal  annual payments on the principal of said bonds. (As amended by Ord. 3-1973,  certified June 15, 1973).
Section 9--AUDIT At the close of each fiscal year the books and accounts of the City shall be  audited by a wholly disinterested certified public accountant, or by a  recognized accounting firm, who shall, upon completion of such audit, file a  detailed report of such audit with the City which shall be open for the  inspection of the Council and any and all parties interested therein.
Section 10--FINANCIAL STATEMENT At the close of each fiscal year a statement of the City's financial condition  shall be made and published as set forth under the duties of the Director of  Finance. (As amended by general election certified November 3, 1981).
Section 11--STATUS OF PRESENT FUNDS All moneys remaining in the Water Fund, Cemetery Improvement Fund, General  Obligation Bond Sinking Fund, Park Improvement Project Funds, and the General  Fund, at the time this Charter becomes effective, shall belong to and be held,  appropriated and used, for the purposes, respectively of the Water Fund,  Cemetery Fund, Franchise Revenue Fund, Park Improvement Fund, and General Fund,  according to the provisions of this Charter.
Section 12--PUBLICATION OF LIST OF WARRANTS The Director of Finance shall publish monthly in a newspaper of general  circulation in the City, a list of the warrants issued for the previous month,  stating the name of the person, firm or corporation to whom issued, amount  thereof, and showing separately the warrants payable out of each fund. (As  amended by general election certified November 3, 1981).

ARTICLE VIII ELECTIONS
Section 1--ELECTIONS TO BE GOVERNED BY COLORADO MUNICIPAL ELECTION CODE OF 1965 Except as may be specifically provided otherwise in this Charter or in any duly  adopted ordinance of the City, elections and matters pertaining to elections of  the City of Cañon City shall be governed by the provisions of the "Colorado  Municipal Election Code of 1965," article 10 of title 31, C.R.S., including the  power for City Council to provide by ordinance or resolution that the City will  utilize the requirements and procedures of the "Uniform Election Code of 1992,"  articles 1 to 13 of title 1, C.R.S., in lieu of the Colorado Municipal Election  Code of 1965, with respect to any election. (As amended by Ord. 29-1999 § 1,  certified November 2, 1999).
Sections 2--20--(Repealed effective November 2, 1999).

ARTICLE IX INITIATIVE, REFERENDUM, AND RECALL
Section 1--POWERS RESERVED
The power to initiate ordinances upon proper petition and refer measures adopted  by the Council to a vote of the qualified electors, by proper petition, is  hereby reserved to the qualified electors of the City.
Section 2--MANNER OF EXERCISE --RECALL The Council may, by ordinance, provide for the manner of exercising such powers  consistently with the provisions of this Charter, and may also provide by  ordinance for the recall of elective officers.
Section 3--REQUIRED SIGNATURES ON PETITIONS No referendum may be ordered by less than 10%, and no measure may be initiated  by less than 15%, of the total number of registered electors of the City at the  time of filing petition therefor; and no signature on any petition invoking the  initiative or referendum powers shall be considered unless the person affixing  his signature shall, at the time such signature is affixed, be a qualified and  registered elector. No petition for the recall of an elective officer shall be sufficient unless  signed by qualified and registered electors of the City equal in number to at  least 25% of the entire vote cast at the last preceding general municipal  election for all candidates for the office to which the incumbent sought to be  recalled was elected as one of the officers thereof, divided by the number of  all officers elected to such office at such last preceding general municipal  election.
Section 4--EMERGENCY AND APPROPRIATION MEASURE NOT SUBJECT TO REFERENDUM There shall be no referendum as to any ordinance, or portion of ordinance, when  the Council shall find and declare the same to be necessary for the immediate  preservation of the public peace, health, or safety of the residents of the City  in a separate section of such ordinance; and there shall be no referendum on any  ordinance, or portion thereof appropriating funds for the support and  maintenance of the City government or any department thereof.
Section 5--PETITIONS ADDRESSED TO THE COUNCIL--CONTENTS All petitions to initiate any measure, or to have a measure referred to a vote  of the electorate, shall be addressed to and filed with the Council, which shall  judge of the sufficiency of the petition. Each such petition shall state, in  concise language, the measure to be voted upon, and, in initiating an ordinance,  shall contain a copy of the proposed ordinance. It shall also state whether the  measure is to be voted upon at a general or special municipal election, the date  of the general election or the time within which the special election shall be  called, and shall conform with any and all other provisions of this Charter  applicable thereto.
Section 6--VOTING ON REVENUE RAISING MEASURES If any initiated measure shall require an expenditure of funds to be raised by  an ad valorem tax on property (See Section 8 of Article VII of this Charter), it  shall be voted on by the electors.
Section 7--COUNCIL MAY COMPLY WITH PETITION OR PARTS THEREOF The Council may adopt any ordinance, or portion of ordinance, petitioned for,  upon its own initiative, within 30 days after the filing of the petition, unless  this Charter or the laws applicable to the measure require a vote of the  electorate thereon. The Council may also, within the same period of time, repeal  any measure or ordinance previously adopted by it upon which a referendum is  requested. If the action of the Council shall fully comply with the mandate of  the petition, the petition shall abate; otherwise it shall remain in full force  and effect. Provided, that the Council may not repeal any ordinance or measure  adopted by vote of the electorate, or which it shall have no power to repeal.
Section 8--LIMITATION ON SPECIAL ELECTIONS No special election shall be called to vote on any measure contained in a  petition filed under this article, within 12 months of a previous special  election called solely to submit a measure or measures under this article, nor  within 3 months prior to a general municipal election. Provided, that more than  one measure may be submitted at a special election and any measure under this  article may be submitted at any special election at which measures other than  those submitted under this article are voted upon.

ARTICLE X FRANCHISE AND PUBLIC UTILITIES
Section 1--STATEMENT OF POLICY All of the streets, alleys, parkways, thoroughfares and publicly owned property  and places in the City and the space above the same, hereinafter referred to in  this article as "Public Property," shall be held and used for the benefit of the  public only, except as provided expressly or by implication in this Charter, or  any applicable provision of law consistent with this Charter.
Section 2--FRANCHISES A public utility as defined by the Statutes of Colorado, may be granted the  right or franchise to use such publicly owned property or some part thereof to  perform the functions of such utility, for such term not exceeding 25 years, and  upon such conditions, terms and considerations in money or services, as the  Council may by ordinance prescribe in granting such franchise; provided, that no  such franchise shall ever be exclusive of other franchises or of the rights of  the public to use such public property; and, provided further, that no such  franchise shall be valid or effective unless the ordinance granting such  franchise be approved by a majority vote of the electors of the City voting  thereon at a special or general municipal election at which the approval or  disapproval of such ordinance shall be submitted to the electors. (As amended  August 2, 1967, and as amended by general election certified November 13, 1989).
Section 3--ORDINANCE--VOTE OF ELECTORS--PUBLICATION No ordinance granting a franchise shall be adopted or effective unless it  provides the method of determining the value of the property used or held for  use in the operation of the utility in the event the City shall exercise its  right to purchase the same; unless it shall conform to all requirements of this  Charter and particularly this article, applicable thereto; and unless  application therefor be made to the Council, in writing, with such formalities  as the Council may require, stating the term, uses, terms and conditions of and  the consideration for the grant, and such application be published in a  newspaper of general circulation in the City not less than 10 days nor more than  20 days before adoption of a franchise ordinance by the Council. Simultaneously  with notice of the election at which it is submitted to a vote of the  electorate, the ordinance granting the franchise shall be published in full, and  such notice of election shall contain a proper reference to the ordinance to be  submitted. The City Council may, by ordinance, make other requirements with  respect to the adoption or approval of such franchise ordinance and the  effective date thereof, consistent with this Charter. All publication expenses  shall be paid by the utility, and, if a special election be necessary, the  expenses of such election shall also be paid by the utility. (As amended by  general election certified November 13, 1989).
Section 4--DESCRIPTION OF PUBLIC PROPERTY AFFECTED Where the public utility furnishes a commodity or service throughout the City,  such franchise may be in general terms with respect to the use of such public  property. Where only certain streets, alleys, and public places and property are  embraced in the franchise, the ordinance shall set out those affected thereby.
Section 5--EXTENSION OF TERRITORY The Council may extend the area or include streets, alleys, public places and  property, not embraced in such franchise, by ordinance, when public convenience  and necessity requires, subject to all of the terms and conditions of such  original franchise and co-extensive with the term thereof, without a vote of the  electors. (As amended by general election certified November 13, 1989).
Section 6--ASSIGNMENT An assignment of a franchise shall operate as a forfeiture thereof unless  application therefor be made and published, and consent be given by the Council  by ordinance.
Section 7--RESERVATIONS TO CITY There shall be reserved to the City, and every franchise or privilege to use  public property granted a public utility shall always contain a reservation to  the City, of the following rights and privileges: (a) To terminate the franchise and to purchase all of the property of the  utility used, or held for use, in the operation thereof, at a price fixed or  determined in the manner provided for in the ordinance granting the franchise,  exclusive of the value of the franchise so terminated. This right, except for  franchises now existing, shall be exercisable only at the end of each 5 year  period computed from the effective date of the franchise. (b) To control at all times the distribution of space in, over, across and under  all streets, alleys, thoroughfares, and public property to be occupied by any  public utility appliance or fixture. (c) To require such reconstruction, relocation, alteration, or discontinuance of  fixtures and appliances in public streets, alleys, thoroughfares and places, as  shall be necessary in the opinion of the Council to best serve the convenience  of the public. (d) To regulate the rates, fares, rentals and charges for services, by  ordinance, not oftener than once in each 5 year period from the effective date  of the franchise. In determining such rates, fares, rentals and charges, the  value of the franchise shall not be considered. (e) To require, by ordinance, uniform, convenient, and adequate service to the  public and reasonable extensions of such service to the inhabitants of the City. (f) To make any reasonable regulations for the safety, welfare and accommodation  of the public, including, but not exclusive of other requirements, a requirement  that any and all wires, cables, conduits, and other appliances be placed  underground wherever so doing shall not be impracticable or cause an  unjustifiable expenditure; that over-passes, bridges, and viaducts, and  approaches thereto, be constructed; that drains and ditches be constructed over  and within and along rights of way; and that any other appliance, fixture or  structure be constructed which may protect the public from danger or serve the  public convenience. (g) To examine, and have examined by its agents and experts, at any time during  reasonable hours, the books, documents, schedules, plant, equipment, appliances  and physical properties of the utility, and to compel the production before such  officers and agents of the City as the Council may direct, of any and all books,  documents, papers, reports and schedules which may pertain to or be evidence of  the earnings of the utility or the value of its property used in the operation  of the utility, in determining what constitutes fair and proper rates, fares,  rentals and charges for services.
Section 8--APPROVAL OF ACQUISITION OF PUBLIC UTILITY No public utility shall be acquired unless the complete plan for acquisition be  embodied in an ordinance adopted by the Council and approved by the electors.  The adoption and approval of such ordinance shall be deemed an approval of the  issuance and sale of the bonds described therein without further vote of the  electorate. (As amended by general election certified November 13, 1989).
Section 9--REQUIREMENTS OF ORDINANCE Such ordinance shall always contain a description of the property to be acquired  and a statement of the purchase price of the utility; the method of payment; the  total of the obligation or bond issue to finance the purchase; the  denominations, rate of interest, and maturity of the bonds, and the revenues  appropriated for payment thereof; and, if such revenues be derived, in whole or  in part out of taxes on property, the taxes required to be levied annually to  provide funds to pay the same; and all other matters embraced in such plan of  acquisition or pertaining to such bond issue required by this Charter or any  statute applicable to authorization of bonds. If the purchase price of the  utility shall be payable out of revenues, or any part thereof, of the facility  acquired, such ordinance shall also provide that the cost of operation and  maintenance of the facility shall be paid out of such revenues, currently prior  to the application of such revenues to the payment or retirement of the bonds.
Section 10--OPERATION OF A CITY OWNED UTILITY The City Council shall make adequate provision, by ordinance, for the operation  of such public utility by the City, when so acquired, and fix the rates, fares,  rentals and charges for service.
Section 11--PROPERTY HELD IN PROPRIETARY CAPACITY The term "Public Property" shall not be deemed to include any property held in  the name of the City which is not held or used for a governmental purpose.
Section 12--RIGHTS OF WAY Any existing rights of way, licenses or contracts, whether permanent, revocable,  temporary, or for a fixed period, granting the right to use any street, alley,  or thoroughfare or part thereof, if otherwise valid, shall remain in full force  and effect according to such grant, license, or contract.
Section 13--CARRIERS BY MOTOR VEHICLE (Repealed by special election certified  June 30, 1978).
Section 14--TEMPORARY AND REVOCABLE PERMITS The Council may issue permits for the use of any portion of a street for any  special occasion, temporary in its nature; and it may also issue permits, upon  such terms and conditions and for such consideration or permit fee, as it may  deem advisable, for the use of any portion of a public street or alley by a  railroad company, motor bus company, or other carrier of persons and property,  when doing so shall serve the public convenience. Provided that any such permit  shall be for an indefinite period only, and be subject to revocation at the will  of the Council or of the electors of the City by exercise of the initiative and  referendum powers herein reserved to the electors, and provided further, that no  such temporary or revocable permit shall be granted unless written consent shall  be first obtained of all property owners who may be affected thereby.
Section 15--STREET SIGNS AND AWNINGS Nothing herein contained shall be deemed to prevent the Council from granting  permits to merchants and others for street signs and awnings, or affect the  right of the City, by its Council to regulate, license and tax the same.
Section 16--EXISTING FRANCHISES Nothing herein shall affect any existing franchise or grant to a public utility,  but the same may be exercised according to its terms, subject to all provisions  of the franchise or grant or of the Statutes of Colorado, applicable thereto at  the effective date of this Charter, particularly with respect to termination,  forfeiture, and purchase by the City of its property; provided that the  reservations of right to the City contained in Section 7 of this article shall  be applicable to any existing franchise as well as any extension or renewal  thereof, except where the same may be in conflict with any such franchise.
Section 17--PUBLIC UTILITY COMMISSION TO REGULATE UNTIL CITY ACTS Unless and until the Council shall make provision, by ordinance for regulating  the rates, fares, rentals and charges, charged by any public utility or carrier  and for regulating the service furnished by a public utility, or by a carrier  serving the residents of the City, the Public Utility Commission of Colorado  shall continue to exercise supervision thereof under applicable Statutes of the  State of Colorado; but the right to so regulate public utilities and carriers  serving the residents of the City shall always be reserved to the City.
Section 18--CITY CONTRACTS Nothing herein shall affect the right of the City acting on authority of the  Council, to enter into a contract, between the City and any person, firm, or  corporation for the collection of garbage or trash, or the furnishing of any  other service to the residents of the City.

ARTICLE XI PUBLIC LIBRARY AND MUSEUM
Section 1--LIBRARY AND MUSEUM TO BE MAINTAINED
A free public library and museum shall at all times be maintained at one or more  places in the City for the residents of the City of Cañon City subject to the  provisions of Section 7 of this Article.
Section 2--COOPERATION AGREEMENTS The Council of the City of Cañon City in satisfying the requirements of Section  1 of this Article may enter into contracts with, lease or sell to, lease or  purchase from and generally cooperate in any lawful manner with any other  governmental unit, entity, agency, quasi-governmental unit, or any non-profit  corporation, to provide the free Public Library and Museum, including the  sharing of costs, the imposition of taxes and the incurring of debt. Any such  cooperating agreement may include areas and persons living outside the corporate  limits of the City. (As amended by general election certified November 13,  1989).
Section 3--MUSEUM ASSOCIATION The Council shall provide by resolution for a museum association made up of  citizens of the City and neighboring territory interested in the maintenance of  a public museum and qualification, election or appointment of the members of  such museum association, and for maintaining the membership thereof.
Section 4--RESPONSIBILITY FOR MUSEUM Said museum association shall be responsible to the City Council for the  operation and administration of the museum. Section 5--BOARD OF DIRECTORS Such museum association shall elect from its membership a Board of Directors for  the museum, who shall have active charge and management of such museum and it  shall provide for their succession, powers and duties.
Section 6--FUNDS FURNISHED BY CITY The City shall contribute to the museum association annually, at least One  Thousand Three Hundred Dollars ($1,300.00) for use in the operation of such  museum, payable in equal monthly installments, and shall in addition thereto  maintain the museum building and grounds in such manner and at such expense as  the Council may determine; and the Council shall appropriate, annually, funds  out of the revenues of the City for said purposes. The Council shall always have  authority, to appropriate other moneys for a museum building, or buildings, and  for the operation and maintenance of a free museum.
Section 7--FEES The Council may, by resolution, make provisions for use of the library and the  museum by residents of neighboring towns and territory and visitors, and for  such charges and fees to be paid by such residents and visitors as it may deem  proper. The Council may, by resolution, establish fees or charges to be paid by  any resident for use of the library and for viewing the museum, from time to  time. Fees or charges, if any, to the residents of the City of Cañon City for  the use of the Library or viewing or using the museum shall be nominal and of  uniform application.
Section 8--POWER TO MANAGE RESERVED TO COUNCIL Anything herein to the contrary notwithstanding, the Council may take over the  active management of the museum and provide for its operation, maintenance, and  upkeep, if in its opinion, the museum is not economically and efficiently  operated for the free and equal benefit and advantage of all of the residents of  the City desiring to avail themselves of the use thereof; and in such case, may  provide for payment of salaries and other items directly to the parties entitled  thereto. Section 9--REPORTS The Council may require such periodical reports of the income and the  disbursements on account of the operation of the museum, the use of facilities,  property owned and in use in the museum and such other matters, as will enable  it to determine the manner in which the museum is being operated. (As amended by  vote of the electorate at general municipal election held November 5, 1985).

ARTICLE XII ORDINANCES
Section 1--LEGISLATIVE POWERS--ORDINANCES --TITLES--ENACTING CLAUSES Except as may be otherwise provided in this Charter, all legislative powers of  the City shall be exercised by ordinances, which shall be numbered consecutively  in the order of introduction in each calendar year, bear a title stating briefly  and concisely the subject matter of the ordinance, and if initiated by the  Council, an enacting clause as follows: "Be it ordained by the Council of Cañon  City." If initiated by the electorate, the enacting clause shall be as follows:  "Be it enacted by the People of Cañon City."
Section 2--PENAL ORDINANCES Except as in this Charter otherwise provided, a Councilman's bill for an  ordinance providing a penalty for its violation, and all Councilmen's bills for  ordinances amending the same, shall be introduced by one or more Councilmen,  read in full at a regular or adjourned regular meeting and unless it contains an  emergency clause or unless it shall be introduced by three or more Councilmen,  or be an appropriation bill, or a bill amending the zoning ordinances or map,  which requires a public hearing before its adoption, shall be referred to a  committee of three (3) Councilmen and reported on at the next regular or  adjourned regular meeting, when it shall be read again by title. It shall then  either be referred back to committee or passed or rejected on first reading,  upon motion duly made and seconded. If passed on first reading, it shall be  published once in full, in a newspaper of general circulation in the City,  together with a statement following the publication of the ordinance as to when  the ordinance will be considered by the Council for final adoption , at least  one week before the next regular meeting of the Council. Thereafter it may be  adopted at any regular or adjourned regular meeting within two months after such  publication, and, if adopted, shall be published once, together with the City  Clerk's certification of adoption in a newspaper of general circulation within  ten (10) days after adoption; and except as hereinafter provided, shall become  effective five (5) days after the last publication. (As amended by special  election certified June 30, 1978, and by general election certified November 3,  1981).
Section 3--OTHER ORDINANCES Except as to ordinances granting franchises and ordinances amending the zoning  ordinances or map which are governed by other provisions of this Charter, the  procedure on all other ordinances enacted by the Council shall be the same as on  penal ordinances, except that it shall not be necessary to publish any such  ordinance after adoption unless it be amended after the first publication and  before adoption; and except as hereinafter provided, shall become effective five  (5) days after its final publication if it is published after adoption or if not  so published, five (5) days after its adoption. (As amended by special election  certified June 30, 1978).
Section 4--AMENDMENTS An ordinance may be amended at any time before adoption. If amended after the  first publication, a notation shall be made therein and before final  publication, as follows: "Ordinance No.______ Series of 19__, as amended." No amendments in the title  shall be allowed after first publication. No amendments shall be made to ordinances initiated by the electorate.
Section 5--EMERGENCY AND APPROPRIATION MEASURES An ordinance containing a finding and declaration by the Council, in a separate  section thereof, that the same is necessary for the immediate preservation of  the public peace, health and safety of the residents of the City, or an  ordinance appropriating funds for the support and maintenance of the City  Government, or any part thereof, may be passed on first reading upon  introduction by at least one Councilman, without committee reference, and shall  become effective five (5) days after final publication if it be published after  adoption, or if not so published, five (5) days after its adoption. (As amended  by special election certified June 30, 1978).
Section 6--INITIATED ORDINANCES An ordinance initiated by the electorate, shall be published in full not less  than 6 nor more than 10 days before the election at which it is to be voted  upon, and if adopted by the electorate, 5 days after its adoption, and unless  otherwise provided in the ordinance voted upon, shall become effective 5 days  after its last publication. An initiated ordinance shall bear the following  notation before its title: "Initiated Ordinance No. ___ 19____."
Section 7--EFFECTIVE DATE MAY BE PROVIDED IN ORDINANCE Any ordinance may provide for its effective date later than the effective date  provided for in this article, except as to emergency and appropriation  ordinances.
Section 8--PASSAGE REMOVAL FROM COMMITTEE --VOTE ON REJECTED ORDINANCES No ordinance shall be passed on first reading or adopted except by the  affirmative vote of a majority of the Council, at a meeting at which a quorum  shall be present. An ordinance may be ordered removed from committee and voted  upon by the affirmative vote of 3 Councilmen at a regular or adjourned meeting  upon motion duly made and seconded. An ordinance rejected on first reading or on  vote for adoption may be ordered reconsidered, on motion made and seconded, by  the affirmative vote of 3 Councilmen, provided it may not be reconsidered for  final adoption after 2 months from its first publication.
Section 9--ORDINANCE MAY ADOPT STATUTE OR CODE BY REFERENCE Codes regulating the subject matter of any legislation, recognized nationally as  containing standards uniformly applicable to the subject matter in cities of the  same size and class, and compiled by nationally recognized authorities, and the  Statutes of the State of Colorado, may be incorporated in an ordinance by proper  reference thereto and general description thereof, with such modifications  thereof and exceptions therefrom as may be set forth in such ordinance, with the  same effect as if such code or statute be contained in the ordinance, verbatim;  provided, that any such code shall at all times be available for examination of  any interested party at the office of the City Clerk, and such ordinance shall  so state. (As amended by general election (certified November 3, 1980)).
Section 10--RECORD OF VOTING AND OF ORDINANCE The City Clerk shall record in his minutes of the Council meeting, the votes by  ayes and nayes on all ordinances, or motions or resolutions pertaining to  ordinances, and on adoption of an ordinance shall append his certificate thereto  reciting, in order, the steps taken for the final adoption, and the respective  dates thereof, as shown by the record of the minutes of the Council meetings.  Each such ordinance, with the certificate of the City Clerk thereto attached,  shall after its final adoption, be transcribed in full in a record book kept for  that purpose, in the order of passage. The copy of the record of any ordinance,  with certificate thereto attached, and certified by the City Clerk as being a  true and correct copy thereof, shall be prima facie evidence of the adoption of  such ordinance and shall be received into evidence in all courts and places  without further proof. (As amended by general election certified November 3,  1981).
Section 11--POWER TO ADOPT RULES AND REGULATIONS Whenever an ordinance defines certain standards required therein and imposes the  power and duty to administer and enforce the provisions thereof upon any  officer, board, bureau or employee, it may be provided in such ordinance that  such officer, board, bureau or employee, shall have power and authority to  promulgate rules and regulations consistent with the provisions of such  ordinance, for the application of the standards contained in the ordinance. Such  rules and regulations shall become a part of the ordinance to the extent that  they are consistent therewith, when notice shall be published in a newspaper of  general circulation in the City, stating briefly the subject matter covered by  such rules and regulations, and that full copies of the same may be obtained at  the office of the City Clerk. (As amended by general election certified November  3, 1981).
Section 12--READING OF ORDINANCES When the Council deems it appropriate, the reading of a bill for an ordinance  following its introduction, required by Section 2 of this Article, may be  dispensed with; provided, however, that the ordinance shall have been printed,  typed or reproduced and be available to each member of the Council forty-eight  (48) hours prior to the regular Council meeting at which the bill is introduced.  (As added by Ord. 16-1980 § 2, certified October 7, 1980).

ARTICLE XIII PUBLIC AND LOCAL IMPROVEMENTS
Section 1--POWERS OF COUNCIL--STATUTES TO APPLY UNLESS SUPERSEDED BY ORDINANCE Except as may be otherwise provided in this Charter, the City shall have the  power to construct public works and public improvements pursuant to the  provisions of the Statutes of Colorado governing such matters, or pursuant to  the provisions of any ordinance adopted by the Council and consistent with this  Charter; and the Council shall have authority to create public, special or local  improvement districts for the construction of anything in the nature of public,  district, special or local public improvements and to provide for the  construction of improvements therein, the assessment of the cost thereof against  real estate benefited thereby, and the issuance and sale of public, special or  local improvement district bonds, under the provisions of the Statutes of  Colorado applicable thereto, or under the provisions of any ordinance duly  adopted by the Council. No ordinance providing for public, district, special or  local improvements or improvement districts shall affect the procedure with  respect to any improvement commenced before such ordinance shall take effect.

Section 2 -- REQUIREMENTS OF ORDINANCE No ordinance superseding the Statutes of Colorado with respect to improvement districts, shall authorize the Council to assess the cost of any improvement against real estate benefited thereby, unless it provide that notice by advertisement in a newspaper of general circulation in the City, be given the real property owners of any such proposed district and of the assessments to be levied therein, and provide for hearing objections thereto; and unless it provide that the improvements for streets or alleys, except sidewalks, shall not be made if the owners of more than 50% of the frontage to be assessed, exclusive of publicly owned property, shall file with the Council written protest or objection to the proposed assessment in any case where more than half of the cost of the improvement is required to be paid by special assessments against real estate.  The Council shall have authority to prescribe by ordinance a form and manner for requirements for filing petitions for or against formation of public improvement districts.  (As amended by Ord. 16-1987 §112, certified November 9, 1987).

Section 3 -- BENEFITS TO PROPERTY OWNER AND CITY MAY BE DETERMINED BY COUNCIL In adopting any ordinance or resolution creating any improvement district, the Council shall have authority to determine the percentage of the respective benefits which will accrue therefrom to the property owners benefited thereby, and to the City at large, and the proportion of the cost of the improvements to be borne by each; but no such improvement shall be ordered, except by approval of the electors of the City at a general or special election at which the question shall be duly submitted for a vote of the electors of the City, when more than 25% of such cost is to be borne by the City. (As amended by general election certified November 13, 1989)

Section 4 -- REPAIRS AND ALTERATIONS OF EXISTING IMPROVEMENTS The Council shall have authority to order, at the expense of the City, the removal, alteration, change of grade, repair, replacement, or reconstruction of any existing improvement, or any part thereof, whether originally constructed at the expense of the City or of the property owners benefited thereby, when, in its opinion, doing so will best serve the interests of the City, and shall also have authority to order construction at the total or partial expense of the abutting property owner or owners, of any new improvement to connect with improvements already existing when it shall be impracticable, in its opinion, to create an improvement district for the construction of any such improvement, and to order, at the expense of any abutting property owner or owners, the reconstruction, repair or replacement of any existing improvement damaged by the negligence of such property owner, his tenants and agents, or any other person or persons in privity with him.

Section 5 -- CITY MAY BID ON CONTRACT The City shall have the authority to bid upon any contract let for the construction of any improvement in an improvement district and if it be the successful bidder, to construct any improvement ordered therein by its own officers, servants, agents, employees and facilities; and may take delivery to it of bonds, at par, for all or a portion of the total amount of its contract price, without sale thereof in open market, in any case where the sale of the remaining bonds not so taken by the City, can be sold at par, or more.  Any bond so acquired by the City may be negotiated and sold to, and held for investment in, any special fund maintained by the City or under its control, except improvement district funds, at par, unless this Charter or ordinance adopted pursuant thereto shall otherwise provide.  Provided, that the City shall not make any bid on any such contract for any sum less than the total estimated cost of such improvement determined by the Council in ordering such improvement, without regard to amounts added for administration, interest, collection charges, or safety surplus.  If the City shall so construct any such improvement, it shall do so according to the plans and specifications for the project, but shall not be required to furnish bond for the faithful performance of the contract, nor shall it be subject to any provisions of law relating to public contracts performed by independent contractors.

Section 6 -- VOLUNTARY DISTRICTS Nothing herein contained shall prevent the City from constructing, upon order of the Council, any improvement of publicly owned property which will beneficially affect real property, privately owned, when the cost thereof shall be deposited with the City or with some third party for use of the City, by the property owners affected, or a part thereof, to be turned over to the City when the work shall have been completed according to specifications.

Section 7 -- EXPENDITURES BY CITY TO BE WITHIN BUDGET -- BONDS The Council shall not order payment by the City of the cost of any public, special, district or local improvement, or any part thereof, out of the general revenues of the City or enter into any contract so to do, unless the expenditure therefor be included in the budget and in the ordinance appropriating revenues of the City, for the fiscal year during which such expenditure or contract is made, or unless payment of the excess of such cost over the amount appropriated therefor, in any fiscal year be provided for by the issuance of general obligation bonds approved by the electors of the City, at a general or special election at which the question of the authorization and issuance of such bonds shall be submitted to such electors; provided, that an ordinance may be adopted providing for payment of such cost in an ensuing fiscal year, contingent upon an appropriation being made therefor for such ensuing fiscal year. (As amended by general election certified November 13, 1989)

Section 8 -- SMALL DISTRICTS -- BONDS NOT NECESSARY The Council may, by ordinance, provide for the construction by the City of improvements in any special or local improvement district, when the total estimated cost of such improvements shall not exceed $5,000, and that such cost be recovered by the City by assessments against the real property benefited by such improvement and levied and collected in the manner provided in such ordinance.  This section shall not be construed as a limitation on any other power granted the Council under this Charter.

Section 9 -- PARKINGS --TREES -- SHRUBS -- ETC. The Council may provide, by ordinance, for parkings, and parkways, and the ornamentation thereof, and the planting, care and removal of grass, shrubs, plants and trees therein, and along, in, on and over streets, boulevards, public ways and places, at the expense of the City, or of the owners of the property benefited thereby; provided that the cost of such improvements or any part thereof shall not be assessed against the property benefited, unless the same be embraced in an improvement district created as herein provided or authorized.

Section 10--OTHER PUBLIC IMPROVEMENTS The Council shall also have power to provide by ordinance for the following: (a) Condemnation and the tearing down and removal of unsafe and dangerous  buildings and structures from lots and tracts of land. (b) Removal of rubbish and debris of all kinds and the cutting and removal of  weeds from lots and tracts of land in the City, and from the alleys, streets and  sidewalk area, adjacent to any lot or tract of land, and the filling and  drainage of holes, excavations, and depressions thereon, where water and rubbish  may accumulate. (c) The payment of the cost of making the improvements mentioned in subsection  (a) and (b) of this section, by the owner of any lot or tract of land upon which  or adjacent to which any such improvement be made. This section shall not be construed as any limitation on the power of the  Council to declare what shall constitute a nuisance.

Section 11--ASSESSMENTS A LIEN--PROVISION TO BE MADE BY ORDINANCE The Council shall provide by ordinance for the assessment of the cost or expense  of any improvement, which shall become payable to the City, on its own account,  under the provisions of this article or any other Charter provision, ordinance,  or law, by the owner of any real estate benefited on account of any improvement. Such assessments shall remain a lien in the several amounts assessed against any  lot or tract of land until paid and shall have priority over all other liens  except general taxes; and, if not paid within a reasonable time to be specified  by ordinance, such assessments may at any time after default in payment thereof,  be certified by the Council to the County Treasurer for collection, in the same  manner and with the same interest and penalties thereon as other taxes collected  by the County Treasurer on behalf of the City; and all of the laws of Colorado  for the assessment and collection of general taxes including the laws for the  sale of property for taxes and redemption therefrom shall be applicable to and  have the same effect with respect to the collection of such assessments.

Section 12--EXISTING IMPROVEMENTS The provisions of this article shall not apply to public, local or special  improvement districts created before the effective date of this Charter, except  as to removal, alteration, change of grade, repair, replacement or  reconstruction of improvements therein.

Section 13--REVENUE PRODUCING FACILITIES AND BONDS PAYABLE OUT OF REVENUES The Council may order construction of any building, improvement or facility used  or to be used in the operation of any revenue producing facility, plant or  utility, when the cost of such improvement shall be payable out of the revenues  of such facility, plant or utility; provided no bonds shall be authorized,  issued or sold to raise funds to defray the cost of such building, improvement  or facility without the approval thereof by the electors at a general or special  election at which the question of authorization of such bonds shall be voted  upon by electors. (As amended by general election certified November 13, 1989).

Section 14--CITY PROPERTY When any public, special or local improvement district shall embrace any park or  other property owned by the City, except streets, alleys and thoroughfares, the  City shall pay its proportion of the cost of such improvement, calculated the  same as for other property in the district.

ARTICLE XIV PUBLIC PARKS
Section 1--PUBLIC PARKS--PLAYGROUNDS--GOLF COURSES--SWIMMING POOLS AND  RECREATIONAL PLACES AND AREAS The City shall maintain, operate, care for and improve from time to time, as  necessity requires, the Royal Gorge Park, the Skyline Drive, Magdalene Park,  Margaret Park, Rudd Park, Greydene Park, West River Street Park, and all other  parks and recreational places and areas owned by the City, upon the effective  date of this Charter, and all other publicly owned parks, playgrounds, golf  courses, swimming pools and recreational places and areas which it may acquire;  and if the revenues from any such public property be insufficient to maintain,  care for and operate the same, the Council shall appropriate funds out of the  Park Improvement Fund for such purposes, provided that revenues shall also be  appropriated out of the general fund for such purposes when the moneys in the  Park Improvement Fund shall be insufficient. Provided, that no such park, playground, golf course, swimming pool,  recreational place or area, shall, after the effective date of this Charter, be  acquired by the City by purchase or gift, unless the acquisition be authorized  by ordinance, approved by the electors of the City at a general or special  election at which the approval of such ordinance shall be voted upon by the  electors, and such ordinance shall set forth the purchase price, if any,  thereof, and the estimated annual cost of maintaining, caring for, and improving  the same, and the contemplated revenues from the operation of any such park,  playground, golf course, swimming pool, recreational place or area. (As amended  by general election certified November 13, 1989).
Section 2--COUNCIL TO REGULATE AND PRESCRIBE CHARGES AND FEES The Council shall have authority to establish, by ordinance, uniform regulations  for the use of each such park, playground, golf course, swimming pool,  recreational place and area, and to prescribe reasonable charges and fees for  the use of any thereof acquired after the effective date of this Charter, and  for commercial concessions and privileges in any of them, which, after payment  of the cost of maintenance, care and operation of such park, playground, golf  course, swimming pool, recreational place or area, shall be paid into and used  for the purpose of the Park Improvement Fund. Section 3--PARKS TO BE OPEN TO PUBLIC All parks, playgrounds, golf courses, swimming pools, recreational places or  areas, shall be open to the use and enjoyment of the public, observing the  regulations thereof and paying any fees or charges required by ordinance for  such use, without discrimination.
Section 4--EXTENSION OF PUBLIC GROUNDS Nothing herein contained shall be construed to prevent authorization by the  Council without vote of the electors, of the acquisition by purchase, gift, or  condemnation of any grounds for the extension of any property already in use by  the City for public purposes. (As amended by general election certified November  13, 1989).
Section 5--PLACES OUTSIDE CITY LIMITS Any park, playground, golf course, swimming pool, recreational place or area,  may be established outside the limits of the City, if otherwise authorized as  provided in this Charter.

ARTICLE XV
Section 1--CODIFICATION OF ORDINANCES The Council shall, within 10 years after the effective date of this Charter, and  before the expiration of each successive 10-year period from each successive  codification, provide for the codification of the ordinances of the City and the  printing of the same together with this Charter, in book form, and such  codification of ordinances shall be received into evidence in all courts and  places.
Section 2--DEFINITION OF MISDEMEANOR The term "misdemeanor," as used in this Charter, shall mean a violation of this  Charter, or a violation of any ordinance adopted pursuant to this Charter, with  respect to which the Cañon City Municipal Court shall have jurisdiction, and  shall not have the meaning attached to such term as it is used in the criminal  statutes of the State of Colorado. (As amended by Ord. 28-2000 § 1 (part),  certified November 7, 2000).
Section 3--PENALTY FOR VIOLATION Any person who shall violate any of the provisions of this Charter for the  violation of which no punishment has been provided herein, shall be deemed  guilty of a misdemeanor, and upon conviction thereof, shall be punished by a  fine not exceeding one hundred ($100.00) dollars, or by imprisonment in the City  jail not exceeding three months, or by both such fine and imprisonment.
Section 4--AMENDMENT OF CHARTER This article may be amended at any time, in the manner provided by Article XX of  the Constitution of the State of Colorado. Nothing herein contained shall be construed as preventing the submission to the  people of more than one Charter amendment or measure at any one election.
Section 5--RESERVATION OF POWER The power to supersede any law of the State of Colorado, now or hereafter in  force, insofar as it applies to local or municipal matters, shall be reserved to  the City, acting by ordinance. (As amended by Ord. 28-2000 § 1 (part), certified  November 7, 2000).
Section 6--CONTINIUING BONDS, ETC. All official bonds, recognizances, obligations, contracts, and all other  instruments entered into or executed by or to the City before this Charter takes  effect, and all taxes, fines, penalties, forfeitures, incurred or imposed, due  or owing the City, shall be enforced and collected and all writs, prosecutions,  actions and causes of action, except as herein otherwise provided, shall  continue without abatement and remain unaffected by this Charter; and all legal  acts done by or in favor of the City, shall be and remain as valid as though  this Charter had not been adopted. Section 7--CONSTRUCTION OF WORDS Whenever such construction is applicable, words used in this Charter importing  singular or plural number may be construed so that one number includes both;  words importing masculine gender may be construed to apply to the feminine  gender as well; and the word "person" may extend to and include firm and  corporation; provided, that these rules of construction shall not apply to any  part of this Charter containing express provisions excluding such construction  or where the subject matter or context is repugnant thereto. Section 8--CONSTRUCTION OF CHARTER This Charter shall be construed as a whole, and shall receive a liberal  construction to carry out the intents and purpose herein set forth. In the event  any section or part of a section shall be declared unconstitutional or invalid,  the validity of the remaining sections and part of sections shall not be  affected thereby.
Section 9--WHEN CHARTER TO TAKE EFFECT--FIRST ELECTION This Charter shall become effective at 12 o'clock noon on November 15, A.D.  1945. The form of government existing in Cañon City and the officers acting  thereunder, shall continue until the fifteenth of November, A.D. 1945, at noon,  except as to the calling and holding of the first election of officers. Said  election and the registration of voters therefor shall be as provided in this  Charter. The City Clerk shall call said election and shall provide for the  registration therefor. In case there is not sufficient funds available and  appropriated for that purpose, to meet the expenses of said election or of the  election at which this Charter shall be approved, the Mayor and City Council  shall provide for issuing special warrants for such expenses and the proper  officers shall issue the same. The payment of such warrants shall be provided  for by the Council in the annual appropriation for 1946. Section 10--TERMS OF OFFICERS TERMINATE Except as otherwise provided in this Charter, the term of office of all elective  and appointive officers of the City under the government existing in and for the  City of Cañon City at the time this Charter is adopted shall terminate at noon  on the fifteenth day of November, A.D. 1945.
Section 11--OUTGOING OFFICERS All officers of the City whose term of office shall be terminated by the first  election under this Charter, shall deliver and turn over to the officers upon  whom their powers and duties devolve, all papers, records, and property of every  kind in their possession or custody by virtue of their office, and shall account  to them or to any authority designated by the Council, for all funds, credits or  property of any kind with which they are properly chargeable, as such officials.
Section 12--PRESENT ORDINANCES CONTINUE All laws, ordinances, resolutions, bylaws, order, rules or regulations in force  in the City of Cañon City, at the time this Charter takes effect, not  inconsistent with its provisions, shall continue in full force and effect until  otherwise provided by ordinance.
Section 13--STATE LAW--WHEN APPLICABLE The terms "Statutes of Colorado," "Laws of Colorado," "Laws of this State,"  "Colorado Revised Statutes," "C.R.S.," and similar references set forth in this  Charter shall all apply to and mean laws enacted by the General Assembly of the  State of Colorado, as codified in the Colorado Revised Statutes, as amended from  time to time. The statutes of Colorado shall apply to and be the law applicable  to the City of Cañon City in all respects, except insofar as the provisions of  such statutes conflict with the provisions of this Charter or the valid  ordinances of the City of Cañon City enacted pursuant to the authority granted  by this Charter, in all matters of local or municipal concern. Nothing in this  section shall be construed as a limitation on the home rule powers and authority  of the City of Cañon City, as hereinabove reserved. (As amended by Ord. 28-2000  § 1 (part), certified November 7, 2000).
Section 14--ZONING ORDINANCE--PLANNING COMMISSION--BOARD OF ADJUSTMENT The zoning ordinance of the City, and the City Planning Commission and the Board  of Adjustment of the City, shall remain in full force and effect; provided that  such zoning ordinance may be amended, and the personnel, powers and duties of  said commission and said board shall be constituted and appointed, according to  the Statutes of Colorado pertaining thereto, at any time in effect; anything in  this Charter to the contrary notwithstanding.
Section 15--AIRPORT AND LANDING FIELDS The Council may, by ordinance, acquire by condemnation, gift or purchase, and  establish, construct, own, control, lease, equip, improve, maintain, operate and  regulate airports and landing fields at any place, either within or without the  corporate limits of the City, provide fees and charges for the use thereof or  any convenience therein, or change the use of any park or other property owned  and controlled by the City, or any part thereof, to airport or landing field  purposes; provided that the Council may not change the use of any park or any  part thereof, except the Royal Gorge Park, to airport or landing field purposes,  without the approval of the qualified electors of the City, and provided further  no bonds shall be authorized or issued for such purposes except in accordance  with the provisions of this Charter.
Section 16--OFFICERS TO CONTINUE UNTIL SUCCESSORS QUALIFY Every person holding any office of the City, shall, unless removed as provided  in this Charter, exercise the duties of such office until his successor shall be  duly elected or appointed, and shall have qualified. RECOMMENDATION OF CONVENTION AS TO GREENWOOD CEMETERY Greenwood Cemetery is the final resting place of many of the pioneers of this  City and environs. The pride we have, as citizens, in the good work these men  and women did in founding and establishing this community, the respect we have  for the lives they led and our pleasant memories of the American Idealism that  they propounded, moves this Charter Commission to petition every future City  government to maintain Greenwood Cemetery in perpetuity in a manner that will  fulfill our obligations to our forefathers and will demonstrate our own desire  to perpetuate the civic pride that, then and now, has made this community a good  place in which to live.

CERTIFICATE
WHEREAS, the electors of the City of Cañon City, in the County of Fremont and  the State of Colorado, a City of the second class, did on the 15th day of May,  A.D. 1945, at a special election, under and in accordance with the provisions of  Article XX of the Constitution of the State of Colorado, elected Arthur H.  Biggs, Lee R. Blackwell, Charles A. Bliley, Jos D. Blunt, N.J. Boyd, Joseph  Fassler, C.A. Fredrickson, Chris A. Gehlbach, T.M. Harding, R.L. Hinmna, H.L.  Humphrey, W.T. Little, Jr., F.N. Luder, Joseph B. Lynn, Jr., W.A. MacKenzie,  E.B. Rundahl, L. R. Short, H.A. Turner, L.B. Walker, Ralph J. Wann and E.B.  Woodford as the Charter Convention of twenty-one electors qualified as required  by said Article XX to prepare and propose a Charter for said City; BE IT KNOWN, That, in pursuance of said provision of the Constitution, and  within a period of sixty (60) days after said election, said Charter Convention  has prepared and does propose the foregoing as and for the Charter of the said  City of Cañon City. IN WITNESS WHEREOF, WE, the duly elected and qualified members of the Charter  Convention of the City of Cañon City in the County of Fremont, State of  Colorado, have hereunto subscribed our names, in convention, in the Council  Chambers in the Municipal Building in said City, this 9th day of July, A.D.  1945: ARTHUR H. BIGGS President LEE R. BLACKWELL C.A. BLILEY JOS D. BLUNT N.J. BOYD JOSEPH FASSLER C.A. FREDRICKSON Secretary CHRIS A. GEHLBACK T.M. HARDING R.L. HINMAN H.L. HUMPHREY W.T. LITTLE, JR. F.N. LUDER J.B. LYNN W.A. MACKENZIE E.B. RUNDAHL L.R. SHORT H.A. TURNER Vice President L.B. WALKER RALPH J. WANN E.B. WOODFORD

CERTIFICATE
I, E.R. Bancroft, City Clerk of the City of Cañon City, Colorado, do hereby  certify that the above and foregoing is a true copy of the Charter on file in my  office as the same was approved and adopted by the electors of said City at a  special election held on the 11th day of September, A.D. 1945, by a vote of 302  for its approval and 27 against its approval. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said  City this 8th day of October, A.D. 1945. (SEAL) E.R. BANCFORTH, CITY CLERK.

NOTE
The above Charter was adopted by the electors of Cañon City at a special  election held on September 11, 1945, and went into effect on November 15, 1945. The text now contains additional pertinent amendments.