[Ord. No. 2020-187, 12-21-2020]
The corporate authority of the Town is, by state law and by the Charter, vested in the Town Council, consisting of one (1) Mayor and six (6) Councilmembers.
[Ord. No. 2020-187, 12-21-2020]
Each regular election shall be held on the first Tuesday in April in even-numbered years. All special elections called by the Town Council for any purpose shall be called by a resolution adopted not less than thirty (30) days before the election. The resolution calling a special election shall describe the purpose of the election.
[Ord. No. 2020-187, 12-21-2020]
The Town Council shall have power, by appointment, to fill all vacancies of the Town Council if the vacancy occurs more than ninety (90) days before the next general municipal election. The appointee shall be selected by a majority vote of the remaining members of the Council and such appointment shall be made within thirty (30) days after such vacancy occurs. If the Mayor or a Councilmember is not able to attend a meeting wherein an appointee is to be selected, the Mayor or such Councilmember may provide his or her ballot, duly signed, to the Town Clerk prior to the meeting and the Town Clerk shall retain such ballot as part of the record of the proceedings in the same manner as other ballots are retained. All such appointments shall continue until a successor is elected at the next regular election. If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term. Where a vacancy or vacancies exist and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the three (3) candidates for Councilmember receiving the highest number of votes shall be elected to four (4) year terms, and the candidate or candidates receiving the next highest number of votes, in descending order, shall be elected to fill the unexpired term or terms. If three or more vacancies exist at any one time and there will not be a regular municipal election within the ninety (90) days immediately after the date that the third vacancy occurred, Town Council shall call a special election.
[Ord. No. 2020-187, 12-21-2020]
No write-in vote for a Town office shall be counted unless an affidavit of intent has been filed with the Town Clerk by the person who desires the office and is qualified to assume the duties of that office if elected. The affidavit of intent shall be filed with the Town Clerk no later than sixty-four (64) days before the day of the election.
[Ord. No. 2020-187, 12-21-2020]
(a)
If the only matter before the voters is the election of persons to office and if, at the close of business on the sixty-fourth (64th) day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the Town Clerk shall certify such fact to the Town Council. The Town Council shall thereafter hold a meeting and, by resolution, instruct the Town Clerk to cancel the election and declare the candidates elected.
(b)
Notice of such cancellation shall be published and shall be posted at each polling place and in not less than one (1) other public place.
[Ord. No. 2020-187, 12-21-2020]
(a)
Qualifications. The Mayor shall be a registered elector who has resided within the limits of the Town for a period of at least twelve (12) consecutive months immediately preceding the date of the election; provided that, in case of annexation, any person who has resided in the annexed territory for the time prescribed shall be deemed to have met the residency requirements for the Town to which the territory was annexed.
(b)
Election and term of office. At the regular municipal election every four (4) years, a Mayor shall be elected to serve a four (4) year term.
(c)
Powers and duties generally:
(1)
The Mayor shall preside over the meetings of the Town Council and shall perform such duties as may be required of him or her by the Charter, the provisions of the Code or other ordinances of the Town.
(2)
Insofar as required by the Charter, and for all ceremonial purposes, the Mayor shall be the executive head of the Town and shall be the presiding officer of the Town Council.
(3)
The Mayor shall execute and authenticate by his or her signature such instruments as the Council or any statutes or ordinances shall require.
(4)
Except as may be required by the Charter or statute, the Mayor shall exercise only such powers as the Council shall specifically confer upon him or her.
[Ord. No. 2020-187, 12-21-2020]
(a)
At its first meeting following each election, the Town Council, by the affirmative vote of a majority vote of the entire Town Council, shall choose one (1) of the Councilmembers as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Town Council, or during the Mayor's absence from the Town or his or her inability to act, shall perform the duties of Mayor.
(b)
If the entire Town Council is not present at such first meeting and the members of the Town Council who are present, after duly voting, are not able to choose a Mayor Pro Tem by the required majority vote, then the most senior Councilmember shall be deemed to be the temporary Mayor Pro Tem until the first meeting wherein the entire Town Council is present, at which time the Town Council shall choose a Mayor Pro Tem.
(c)
For purposes of this Section, seniority shall be determined by the number of consecutive years a Councilmember has served on the Town Council. If two or more Councilmembers have served the same amount of consecutive years, then seniority shall be determined by the number of cumulative years that a Councilmember has served on the Town Council.
[Ord. No. 2020-187, 12-21-2020]
(a)
Councilmember election and terms of office. At each regular municipal election, three (3) members of the Town Council shall be elected to serve four (4) year terms.
(b)
Qualifications. Councilmembers shall be registered electors who have resided within the limits of the Town for a period of at least twelve (12) consecutive months immediately preceding the date of the election; provided that, in case of annexation, any person who has resided within the annexed territory for the time prescribed shall be deemed to have met the residency requirements for the Town to which the territory was annexed.
[Ord. No. 2020-187, 12-21-2020]
Any person who desires to be a candidate in a mail ballot election conducted during a regular municipal election shall comply with the nominating procedures set forth in the Colorado Municipal Election Code of 1965, except that:
(1)
Candidate nomination petitions may be circulated and signed beginning on the ninety-first (91st) day prior to the day of election and ending on the seventy-first (71st) day prior to the day of the election.
(2)
Each candidate nomination petition shall be filed with the Town Clerk no later than the seventy-first (71st) day prior to the day of the election.
(3)
Any candidate nomination petition may be amended to correct or replace those signatures which the Town Clerk finds are not in apparent conformity with the requirements of the Colorado Municipal Election Code by filing such changes no later than the close of business on the sixty-third (63rd) day before the election.
(4)
Any person who has been nominated and who has accepted a nomination may cause his or her name to be withdrawn from such nomination by filing a written and signed affidavit withdrawing from such nomination with the Town Clerk at any time prior to sixty-three (63) days before the election. If the only matter before the voters is the election of persons to office and if the withdrawal results in there not being more candidates than offices to be filled at such election, then the election may be cancelled as otherwise set forth in this Article.
[Ord. No. 2020-187, 12-21-2020]
The Town Council shall constitute the legislative body of the Town and shall have power and authority to exercise all power conferred upon or possessed by the Town, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof.
[Ord. No. 2020-187, 12-21-2020; Ord. No. 2023-254, 11-6-2023]
A vacancy shall exist if, during the term of office, the Mayor or a Councilmember dies, is judicially declared incompetent, resigns, moves from or becomes a non-resident of the Town or, if applicable, a ward or district, or fails to attend three (3) consecutive regular meetings of the Town Council. The failure to attend a Town Council meeting shall be excused for the death of a family member, hospitalization of the Mayor or Councilmember or involuntary military service.
[Ord. No. 2020-187, 12-21-2020]
(a)
The Town may cooperate or contract with other local governments to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes or the incurring of debt, only if such cooperation or contracts shall be authorized by each party thereto with the approval of the Town Council and the other legislative body or other authority having the power to so approve.
(b)
Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.
(c)
Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.
(d)
Any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so.
[Ord. No. 2020-187, 12-21-2020]
The Town Council shall hold regular meetings on the first and third Monday of each month at 7:00 p.m.; provided, however, that when the day fixed for any regular meeting of the Town Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the following Wednesday. Except as otherwise provided in this Article, all regular meetings of the Town Council shall be held in the Town Hall.
[Ord. No. 2020-187, 12-21-2020]
Special meetings shall be called by the Town Clerk at the request of the Mayor and two Councilmembers or at the request of three Councilmembers. A special meeting shall be held on notice to each Councilmember and the Mayor, either personally, in writing or by electronic or telephonic means. The Town Council shall not take action on any item of business at any special meeting of the Council unless it has been stated in the advance notice of the meeting or authorized by unanimous vote of all Councilmembers and the Mayor present at such special meeting.
[Ord. No. 2020-187, 12-21-2020]
(a)
Authorization for a remote meeting. When an in-person meeting is not reasonable or prudent to protect the public health, safety or welfare, the Mayor may, by providing written notice to the Town Manager and each Councilmember, direct that a Town Council meeting be conducted remotely. The Mayor's written notice shall be provided by hand delivery or electronic mail, be posted on the front entryway of Town Hall and, as soon as practicable, on the Town's website and be included in the minutes of the remote meeting. A remote meeting shall be considered a regular meeting or special meeting, as applicable, and, except as set forth herein or otherwise impractical, all meeting requirements shall apply to the remote meeting.
(b)
Type of remote meeting; notice. In the discretion of the Town Manager, remote meetings may be conducted by telephone, video conferencing or other electronic means. The Town Manager shall endeavor to ensure that Town Council, Town staff and the public are able to hear or read the discussion and testimony presented during the remote meeting. The Town Manager shall provide direct notice regarding the manner in which to participate in the remote meeting to Town Council and Town staff and shall post notice for the benefit of the public on the front entryway of Town Hall and, as soon as practicable, on the Town's website.
(c)
Public participation. The Town Manager shall take reasonable and practical measures to ensure that each remote meeting is open to the public and provides the public with an opportunity to be heard, unless public participation is not practicable or feasible due to the emergency situation. If public participation is not available, any action taken at the remote meeting shall be effective only until the next meeting that allows for public participation. At that next meeting, Town Council may ratify any action taken at the remote meeting that did not allow for public participation. If Town Council fails to ratify the action, such action shall be deemed rescinded.
(d)
Voting. All votes during a remote meeting shall be conducted by roll call.
(e)
Minutes. Minutes of the remote meeting shall be taken and retained in the records of the Town and shall be open to public inspection.
(f)
Public meeting with remote public participation. To protect the public health, safety or welfare, in lieu of a remote meeting, the Mayor may request, but not require, that members of the public participate in a public meeting remotely. In such case, the Mayor shall direct the Town Manager to provide notice to the public that attendance at a public meeting is discouraged by posting such message on the front entryway of Town Hall and on the Town's website. The Town Manager's notice shall include the manner in which the public may attend and be heard at the meeting remotely.
[Ord. No. 2020-187, 12-21-2020]
No action shall be taken by the Town Council at a meeting unless a quorum is present. A majority of the Town Council shall constitute a quorum. A lesser number may adjourn from time to time and compel the attendance of absent members. Any member of the Town Council, at any regular or special meeting, may, in writing, demand the attendance of the absent members, which demand shall be entered on the record forthwith by the Town Clerk, who shall thereupon notify the absent members of the time and place of the meeting.
[Ord. No. 2020-187, 12-21-2020]
All reports, communications, ordinances, resolutions, contracts, documents or other matters to be submitted to the Town Council shall, prior to each meeting, be delivered to the Town Clerk, who shall immediately arrange a list of such matters according to the order of business. Each Councilmember, the Mayor, the Town Manager and the Town Attorney will be furnished with a copy of the order of business, together with a copy of the minutes of the last preceding meeting, prior to the Town Council meeting and as far in advance of the meeting as time for preparation shall permit.
[Ord. No. 2020-187, 12-21-2020]
Every subject coming before the Town Council meeting for its action shall be submitted by ordinance, resolution or motion. On consideration of every ordinance and of every resolution authorizing the expenditure of money or the entering into of a contract, the yeas and nays shall be recorded.
[Ord. No. 2020-187, 12-21-2020]
Introduction, adoption, approval and publication of ordinances enacted by the Town Council shall be in accordance with the Charter.
[Ord. No. 2020-187, 12-21-2020]
The Mayor shall be considered a member of the Town Council and shall have the same voting powers as any member of the Town Council. Except where a greater number is required by the Charter, the final adoption of any ordinance shall require the affirmative vote of a majority of the Council, and resolutions and motions shall require the affirmative vote of a majority of the Council present at the meeting adopting such resolutions and motions. An emergency ordinance necessary for the immediate preservation of public property or assets, health, welfare, peace, or safety shall require the affirmative vote of five (5) members of Town Council.
[Ord. No. 2020-187, 12-21-2020]
All ordinances shall be numbered, authenticated by the signature of the Mayor and Town Clerk and recorded by the Town Clerk in the official records of the Town.
[Ord. No. 2020-187, 12-21-2020]
Any of the provisions of this Article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths (¾) of the members of the Town Council present at a meeting wherein such suspension is voted upon, except that this shall not be construed to permit any action that is contrary to the Charter.
[Ord. No. 2020-187, 12-21-2020]
(a)
Application. The provisions of this Section shall apply to the Mayor, Councilmembers and all candidates for election to the aforementioned offices.
(b) BUSINESS BUSINESS ENTITY BUSINESS WITH THE TOWN DESCRIPTION OF ANY REAL PROPERTY INTEREST(1) (2) (3) (4) LEGAL OR EQUITABLE INTEREST PERSON SOURCE OF INCOME
Definitions. In this Section, unless the context otherwise requires:
Means any activity which is engaged in for the purpose of earning a profit.
Includes a corporation, general or limited partnership, sole proprietorship, joint venture, unincorporated association, real estate investment trust or other business trust.
Shall mean any one (1) or any combination of sales, purchases, leases or contracts to, from or with the Town, or agency thereof, involving consideration of five hundred dollars ($500.00) or more on a cumulative basis during the calendar year for which a required statement is to be filed. As of the awarding or execution of a contract or lease, the total then ascertainable consideration thereby committed to be paid, regardless of the period of time over which such payments are to be made, shall be included.
Means a legal description of the property, or the address of the property if such address is sufficient to enable a reasonable person to locate and identify the property.
Shall mean:
Any legal or equitable interest, whether or not subject to an encumbrance or a condition, which is owned or held, in whole or part, jointly or severally, directly or indirectly, at any time during the calendar year from which a required statement is to be filed;
An interest in: any stock or similar security, preorganization certificate or subscription, investment contract, voting trust certificate, limited or general partnership or joint venture, business trust, or certificate of interest or participation in a profit-sharing agreement or in an oil, gas or other mineral royalty or lease; or any other equity interest, however evidenced, which entitles the owner or holder thereof, directly or indirectly to receive or direct any part of the profits from, or to exercise any part of the control over, a business entity, as well as any interest which, conditionally or unconditionally, with or without consideration, is convertible thereto;
An interest in a note, bond, debenture or any other evidence of a creditor interest;
However, it shall not include an interest held solely in the capacity of a personal representative, agent, custodian, fiduciary or Councilmember, nor an interest in a time or demand deposit in a financial institution, nor an interest in an insurance or endowment policy or annuity contract.
Does not include any interest over which the owner of the interest exercises only ministerial control or from which the owner of the interest derives no tangible benefit. Without limitations, such interests shall not include title, rights or interests held by one as agent, executor or Council member, or in another fiduciary capacity, unless coupled with a beneficial interest in the subject matter.
Includes any natural person, corporation, partnership, trust, unincorporated association, or other organization, entity or enterprise.
Means any source from which a person obtained income, except that, in the case of income received in pursuit of a business or profession in the course of which income is received from a number of clients, patients or customers, the source of the income shall be deemed to be the business or profession and not the individuals from whom the income is received.
(c)
Information to be disclosed.
(1)
Every person described in Subsection (a) above shall disclose the following information:
a.
Any source of income from which the person, his or her spouse or minor children residing with the person derived more than five hundred dollars ($500.00) during the preceding year.
b.
The name of any business, however organized, in which the person, his or her spouse or minor children residing with the person have any legal or equitable interest or serve as a director or fiduciary or is a member.
c.
A description of any real property located in Weld or Larimer County, Colorado, in which the person, his or her spouse or minor children residing with the person have any legal or equitable interest.
d.
The name of any client, patient, customer or other single source which provides twenty percent (20%) or more of the total income of individual, his or her spouse or minor children residing with the person.
e.
The name of each creditor for the person, his or her spouse or minor children residing with the person, to whom is owed an amount in excess of five hundred dollars ($500.00), including the interest rate, excluding customary household expenses, retail credit accounts, contracts for commercial retail sale and mortgage contracts on the principal place of dwelling of the person filing.
(2)
A schedule of the identity of the person to whom a liability is owed doing business with the Town, owed at any time during the year for which the statement is filed, excluding customary household expenses, retail credit accounts, contracts for a commercial retail sale and mortgage contracts on the principal place of dwelling of the person filing.
(3)
Notwithstanding the requirements of Subsection (c)(1) above, no person shall be required to disclose any interest which could not be affected materially by any action, failure to act or decision of the person making disclosure, acting within the scope of the official duties of the office which the person holds or seeks.
(d)
Procedure for making disclosure. Every person required by this Section to make disclosure shall file a completed financial disclosure statement in the office of the Town Clerk at the following stated times:
(1)
Every candidate for election to the offices named in Subsection (a) above shall file a completed financial disclosure statement on the date upon which such candidate files a nomination petition for election to municipal office, except that no person shall be required by this Section to file a financial disclosure statement during the same year the person filed an affidavit pursuant to Subsection (d)(2) below.
(2)
The Mayor and each Councilmember shall submit an affidavit on or before April 15 of each year during which the official holds office, averring that the financial disclosure statement, as may be amended from time to time, is substantially correct and that there are no material changes; provided, however, that no official whose term of office expires before April 15 of any year shall be required to file such affidavit.
(3)
If the disclosable information required by this Section materially changes at any time during an official's term, the Mayor or the Councilmember, as the case may be, shall file an updated financial disclosure statement within seven (7) days after such disclosable change to the financial information occurs.
(e)
Duties of Town Clerk.
(1)
Within thirty (30) days of the effective date of the ordinance codified in this Section, the Town Clerk shall prepare and have available in the office of the Town Clerk a form to be entitled "Financial Disclosure Statement." Said form shall contain instructions, consistent with the provisions of this Section, explaining the manner in which the form is to be filled out. There shall be designated spaces on the form for disclosure of each matter required by this Section to be disclosed, and a space sufficient for an acknowledgment before a notary public. The form shall also contain a place for the signature of the person making disclosure; an affidavit that the information disclosed is true, accurate and complete to the best knowledge of the party making disclosure, and a place for the date upon which the statement was completed and the date upon which the statement was received by the Town Clerk. The Town Clerk shall also prepare and have available in the office of the Town Clerk a form entitled "Annual Affidavit." The Annual Affidavit shall contain a statement that the information provided on the Financial Disclosure Statement, as may be amended from time to time, is substantially correct and that there are no material changes to the disclosed information. The Annual Affidavit form shall contain a place for the signature of the official making the foregoing statements and a notary block.
(2)
Any financial disclosure statement filed by any person required by this Section to make disclosure shall be preserved by the Town Clerk until six (6) months after:
(3)
The Town Clerk shall permit any person who requests permission to inspect any financial disclosure statement on file in the office of the Town Clerk to inspect or copy the same during normal business hours of the office of the Town Clerk. A reasonable charge may be assessed for any copy provided by the office of the Town Clerk.
(4)
If any person required to file a financial disclosure statement fails to file the same, the Town Clerk shall, within three (3) days of the deadline for filing, notify the person that such person may be in violation of this Section.
(f)
Affirmative defense. It shall be an affirmative defense to any prosecution under this Section that, within seven (7) days after receipt of notice pursuant to Subsection (5)(d) above, the person filed a completed financial disclosure statement, and no prosecution under this Section shall be initiated until such seven-day period has passed.
(g)
Rules of construction. This Section shall be construed in such a way as to ensure that the electorate is fully and effectively informed of all matters required by this Section to be disclosed. If any portion of this Section is adjudged invalid or unenforceable for any reason, the remainder of the Section shall continue in force unless to give effect to the remaining provisions would defeat the policy embodied in this Section.
(h)
Appointment of special associate municipal judge. If any charge of violation of this Section is filed in the Municipal Court, the presiding municipal judge shall forthwith notify the court administrator of the state and request the court administrator to furnish to the presiding municipal judge the name or names of one (1) or more municipal judges of the state who may be available to try such case; and the presiding municipal judge shall determine the availability of such judge or judges to try such case and shall designate a municipal judge whose name is furnished by the court administrator to try such case. Such judge shall be an associate municipal judge of the Town during and for all the purposes of such case and the trial and decision thereof, upon taking an oath of office as an associate municipal judge of the Town. Such judge shall be paid reasonable compensation for services rendered.
[Ord. No. 2020-187, 12-21-2020; Ord. No. 2024-257, 8-19-2024]
(a)
Except as provided below, the Mayor shall receive the sum of two hundred dollars ($200.00) and each Councilmember shall receive the sum of one hundred twenty-five dollars ($125.00) for each regular meeting of the Town Council that he or she attends. Commencing subsequent to the next election for each position on and after April 7, 2026, the Mayor shall receive the sum of five hundred dollars ($500.00) and each Councilmember shall receive the sum of three hundred dollars ($300.00) for each regular meeting of the Town Council that he or she attends. No compensation shall be provided for attendance at special meetings or work sessions.
(b)
To be eligible for compensation, the Mayor and each Councilmember must be present for at least three-fourths (¾) of the votes taken at the meeting attended, the roll call counting as one (1) vote. Votes missed as a result of a conflict of interest by a Councilmember shall not be counted in the total against that member.
(c)
The Mayor Pro Tem, if acting as Mayor for three-fourths (¾) of the meeting, shall receive the compensation of the Mayor for the meeting.
[Ord. No. 2020-187, 12-21-2020]
Town Council shall have the power to establish, modify and amend by resolution a schedule of the fees, rates and charges levied and assessed by the Town for municipal services, which shall be known as the Town Fee Schedule.
[Ord. No. 2025-267, 3-17-2025]
The Mayor and Councilmembers may elect to receive health, vision, dental and life insurance benefits from the Town. The Town shall only offer the Mayor and Councilmembers the insurance benefits that are the most affordable to the Town, and the Mayor and Councilmembers who elect to receive the insurance benefits shall be required to pay premiums for the benefits in an amount equivalent to double the premiums paid by full-time employees for similar benefits on a schedule set by the Town Manager or the Town Manager's designee.