City of Cañon City Charter
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 & 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 & 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 & 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 & 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 & 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 & Demands Against City Requisitions
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 pre-scribed 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 professsional and scientific services, shall be entered into, involving an expenditure of more than $6,500.00 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 con-tract 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, and as amended by special election certified (canvassed) November 13, 2014).
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 & 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 & 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 & 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, & 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 & 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 & 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 - Franchise
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 & 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 & 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 & Museum
Section 1 - Library & 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 & 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 & of Ordinance
The City Clerk shall record in his minutes of the Council meeting, the votes by ayes and nays 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 & 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 XII Public & 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 & 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 & 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 & 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 & 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 & 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.
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 - Continuing 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 & 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.
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
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.
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.