COUNCIL COMMUNICATION

Meeting Date: Agenda Item: Agenda Location: Work Plan # Legal Review:

August 13, 2013

10C-1

Action Items

X 1 Reading nd 2 Reading

st

Subject: A resolution submitting to the voters of the City of Thornton, Colorado a ballot issue extending the existing .25% sales and use tax for open space and parks purposes from its current termination date of December 31, 2018 to December 31, 2038; a ballot question to lengthen the limitations on terms of office for Mayor and City Councilmembers to three terms pursuant to Article XVIII Section 11 of the Colorado Constitution; and four ordinances proposing charter amendments regarding: reducing the age to qualify to run for Council from 25 years to 21 years, changing the provisions for filling a vacancy in the office of Mayor, a new section providing for continuity of government in an emergency, and amending the definition of firefighter; and providing other related details.

Recommended by: Margaret Emerich

Approved by: Jack Ethredge

Presenter(s): Mike Soderberg, Executive Director of Community Services Margaret Emerich, City Attorney Charles Long, Deputy City Manager Management Services

Ordinance previously introduced by:

SYNOPSIS:
The City Council discussed the extension of the Open Space Tax Issue which is a Tax Payers Bill of Rights (TABOR) issue, the extension of term limits, and the four proposed Charter amendments at Planning Sessions on June 4, July 2, July 16 and July 30. Attached are the resolutions and ordinances which set forth the ballot language for the November 5, 2013 Election. Open Space Tax Issue The current Parks and Open Space Sales Tax of .25% is scheduled to sunset in 2018. To date, the City has spent $56,561,721 of Parks and Open Space funding. The Resolution proposes a ballot issue that, if approved would extend the tax from its current expiration on December 31, 2018 to December 31, 2038. The proceeds for the sales and use tax extension could be used for the purchase of open space, parks, recreational facilities, senior facilities, sports fields, buildings of historic, artistic or cultural significance, trails, passive parks, water bodies, wildlife habitat, and water and mineral rights associated with a property; and the construction, replacement or rehabilitation of appurtenant facilities, design, construction management, equipment and maintenance, excluding city staff compensation provided that no more than 20% of the total annual revenues from the tax may be spent on or reserved for maintenance costs and provided that the expenditure of the revenues from the tax in each year shall be based on advice from City Boards and Commissions as adopted in master plans by the City Council. Lengthen Term Limit Ballot Question The Colorado Constitution was amended at the general election of 1994 to provide that beginning on January 1, 1995, city elected officials were limited to two consecutive terms in office. Further the amendment provided that the voters of any political subdivision could lengthen or eliminate the limitations imposed by the Constitution. The City Council has discussed that experienced leadership is an important factor in providing for continuity and consistency in planning and carrying out the long-term goals of the community. The City Council desires to promote long-range planning and effective government and provide consistency with the terms of other county elected officials by allowing one additional term of office for the Mayor and City Councilmembers.

COUNCIL COMMUNICATION PAGE 2 Charter Amendment Questions 1. Reducing the Age for Councilmembers and Mayor Charter Amendment The City Council proposes the voters amend Section 4.4, Qualifications, to reduce the age that persons are qualified to serve as Mayor or Councilmember from 25 years of age to 21 years of age to provide more opportunities for participation in local government. 2. Changing the Provisions to fill a Mayoral Vacancy The City Council proposes a Charter question to amend Section 4.5, Vacancy, to provide a vacancy in the position of the Mayor is filled by the Mayor Pro Tem becoming Acting Mayor until the next regular election at which time the Mayors position would be placed on the ballot to be filled for a four (4) year term. 3. Continuity of Government The City Council desires to create a new Section 4.23, Continuity of Government in the Charter to provide for continuity of government during an emergency by preserving representative government by allowing for alternative meeting locations or use of telecommunication systems for meetings during an emergency. 4. Amending the Definition for Fire Fighter Finally, the City Council and the Thornton fire fighters desire to amend the provisions regarding the members and positions in the Fire Department that are defined as fire fighters under Section 18.2 to provide that the term fire fighter shall mean the following regular employees of the Fire Department of the City of Thornton: sworn fire fighters up to and including the rank of Lieutenant, and emergency medical technicians who are not supervisors and whose primary responsibilities are responding to emergency calls for fire suppression and/or emergency medical services.

RECOMMENDATION:
At its meeting on July 23, the Parks and Open Space Advisory Commission recommended the Council approve a ballot question asking the voters to extend the tax until December 31, 2038.

BUDGET/STAFF IMPLICATIONS:
Election costs will be paid to Adams County for the coordinated election. The estimated additional costs for the ballots questions is nominal.

ALTERNATIVES: 1. Approve the resolutions and ordinances establishing the ballot questions. 2. Do not approve some or all of the resolutions or ordinances establishing the ballot questions. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)
The City Council met with the Parks and Open Space Advisory Commission on July 16 where the TABOR issue was discussed with the Commission. The ballot language was modified based on their input. Some of the major land purchases and improvements that were constructed with the 1997 Parks and Open

COUNCIL COMMUNICATION PAGE 3 Space tax proceeds include: Badding Open Space purchase of 10.97 acres at the northwest corner of Interstate 25 and Thornton Parkway; Civic Center Park construction including trails, pavilion and fountain; Niver Creek Open Space improvements including trails and landscaping; Carpenter Park improvements including amphitheater, skate park, playground, boathouse, carousel, sport courts, and trails; Grandview Ponds Open Space purchase of 59.58 acres at 104th Avenue east of Colorado Boulevard and construction of trails, bridges, picnic pavilions, fishing pier, and parking lot; Thornton Sports Complex improvements of 4 ball fields and playground at 102nd Avenue and McKay Road; Lambertson Lakes Homesite preservation including building stabilization, concrete floor for barn, and painting; Fishing facilities at reservoirs along the South Platte River from 88th Avenue to 104th Avenue; Thornton Trail Winds Park and Open Space purchase of 145 acres and construction of multipurpose fields, trails, playground, skate park, and rest rooms at the southwest corner of 136th Avenue and Holly Street; Aylor Park and Open Space purchase of 139.17 acres at the northwest corner of 136th and Quebec Street; Trail underpass at Brantner Gulch and Holly Street; Big Dry Creek Open Space purchase of 171.6 acres along Big Dry Creek from north of 144th Avenue to 156th Avenue; Eastlake Open Space purchase of 13.99 acres east of Eastlake reservoir #3 and Park and Nature Preserve improvements including lake dredging, trails, boardwalk, and wildlife viewing blinds near 124th Avenue and Fillmore Street; and Signal Ditch trail connections on trail south of 136th Avenue to Signal Creek Boulevard with crossings at Peachtree Subdivision on the Farmers Highline Ditch and Lee Lateral.

RESOLUTION A RESOLUTION SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO A BALLOT QUESTION EXTENDING THE EXISTING .25% SALES AND USE TAX FOR OPEN SPACE AND PARKS PURPOSES FROM ITS CURRENT TERMINATION DATE OF DECEMBER 31, 2018 TO DECEMBER 31, 2038; AND PROVIDING OTHER RELATED DETAILS. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, the members of the City Council of the City of Thornton (the Council) have been duly elected and qualified; and WHEREAS, the citizens of Thornton have recognized the benefits in establishing parks and ball fields, trails and open space, and preserving wetlands and wilderness areas for the quality of life and sense of community by approving a sales tax increase in 1997 for parks, trails and open space; and WHEREAS, some of the major land purchases and improvements that were constructed with the 1997 tax proceeds include: Badding Open Space purchase of 10.97 acres at the northwest corner of Interstate 25 and Thornton Parkway; Civic Center Park construction including trails, pavilion and fountain; Niver Creek Open Space improvements including trails and landscaping; Carpenter Park improvements including amphitheater, skate park, playground, boathouse, carousel, sport courts, and trails; Grandview Ponds Open Space purchase of 59.58 acres at 104th Avenue east of Colorado Boulevard and construction of trails, bridges, picnic pavilions, fishing pier, and parking lot; Thornton Sports Complex improvements of 4 ball fields and playground at 102nd Avenue and McKay Road; Lambertson Lakes Homesite preservation including building stabilization, concrete floor for barn, and painting; Fishing facilities at reservoirs along the South Platte River from 88th Avenue to 104th Avenue; Thornton Trail Winds Park and Open Space purchase of 145 acres and construction of multipurpose fields, trails, playground, skate park, and rest rooms at the southwest corner of 136th Avenue and Holly Street; Aylor Park and Open Space purchase of 139.17 acres at the northwest corner of 136th and Quebec Street; Trail underpass at Brantner Gulch and Holly Street; Big Dry Creek Open Space purchase of 171.6 acres along Big Dry Creek from north of 144th Avenue to 156th Avenue; Eastlake Open Space purchase of 13.99 acres east of Eastlake Reservoir #3 and Park and Nature Preserve improvements including lake dredging, trails, boardwalk, and wildlife viewing blinds near 124th Avenue and Fillmore Street; and Signal Ditch trail connections on trail south of 136th Avenue to Signal Creek Boulevard with crossings at Peachtree Subdivision on the Farmers Highline Ditch and Lee Lateral; and WHEREAS, the City Council desires to extend these benefits for an additional time from December 31, 2018 to December 31, 2038; and

WHEREAS, the proceeds for the sales and use tax extension could be used for the purchase of open space, parks, recreational facilities, senior facilities, sports fields, buildings of historic, artistic or cultural significance, trails, passive parks, water bodies, wildlife habitat, and water and mineral rights associated with a property; and the construction, replacement or rehabilitation of appurtenant facilities, design, construction management, equipment and maintenance, excluding city staff compensation; provided that no more that 20% of the total annual revenues from the tax may be spent on or reserved for maintenance costs and provided that the expenditure of the revenues from the tax in each year shall be based on advice from City Boards and Commissions as adopted in master plans by the City Council; and WHEREAS, pursuant to Section 3.1 of the City Charter, the Citys regular municipal election will be held on November 5, 2013; and WHEREAS, the City Council now determines it necessary and desirable to submit to the electors of the City, at the regular municipal election to be held November 5, 2013, the proposition to extend the rate of its sales and use tax for the purposes described herein; and WHEREAS, pursuant to Section 10.2 of the City Charter, the rate of the sales tax and use tax may not be increased without approval of the voters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, C.R.S. 2. Pursuant to the City Charter, the Colorado Uniform Election Code, and all laws amendatory thereof and supplemental thereto, at the regular municipal election to be held on November 5, 2013, there shall be submitted to the eligible electors of the City the following issue: WITHOUT RAISING ADDITIONAL TAXES, SHALL THE EXISTING .25% SALES AND USE TAX FOR OPEN SPACE, RECREATION AND PARKS PURPOSES BE EXTENDED FROM ITS CURRENT TERMINATION DATE OF DECEMBER 31, 2018 TO DECEMBER 31, 2038 WITH SUCH TAX REVENUES TO BE USED FOR OPEN SPACE, PARKS, RECREATION, SENIOR FACILITIES, SPORTS FIELDS, BUILDINGS OF HISTORIC, ARTISTIC OR CULTURAL SIGNIFICANCE, TRAILS, PASSIVE PARKS, WATER BODIES, WILDLIFE HABITAT, AND WATER AND MINERAL RIGHTS ASSOCIATED WITH A PROPERTY, AND CONSTRUCTION, REPLACEMENT OR REHABILITATION OF APPURTENANT FACILITIES, DESIGN, CONSTRUCTION MANAGEMENT, EQUIPMENT AND MAINTENANCE (EXCLUDING CITY STAFF COMPENSATION); AND PROVIDED THAT NO MORE THAN 20% OF THE TOTAL ANNUAL REVENUES FROM THE TAX MAY BE SPENT ON OR
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RESERVED FOR MAINTENANCE COSTS AND PROVIDED THAT THE EXPENDITURE OF THE REVENUES FROM THE TAX IN EACH YEAR SHALL BE BASED ON ADVICE FROM CITY BOARDS AND COMMISSIONS AS ADOPTED IN MASTER PLANS BY THE CITY COUNCIL? 3. If a majority of all votes cast at the election are in favor of the question, the extension of the tax question shall be approved. 4. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. 5. Pursuant to C.R.S. Sections 1-5-205(1) and 1-7.5-107(2.5)(a), not less than 20 days prior to the election, the County Clerk is hereby instructed to give notice of the election, by causing a printed notice of the election to be published at least one time in the Northglenn-Thornton Sentinel, a legal newspaper of general circulation in the City. Pursuant to C.R.S. Section 1-5-105(1.3), such notice shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the City Clerk. 6. The City Clerk shall cause the notice required by Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and transmitted to the County Clerk at least 42 days prior to the election as required by C.R.S. Section 1-7-904. 7. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. 8. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on ________________, 2013. CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

Nancy A. Vincent, City Clerk

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RESOLUTION A RESOLUTION SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO, A BALLOT QUESTION TO LENGTHEN THE LIMITATIONS ON TERMS OF OFFICE FOR MAYOR AND CITY COUNCILMEMBERS TO THREE TERMS PURSUANT TO ARTICLE XVIII SECTION 11 OF THE COLORADO CONSTITUTION; PROVIDING FOR EFFECTIVE DATES; AND PROVIDING OTHER RELATED DETAILS. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, the Colorado Constitution was amended at the general election of 1994 to provide that beginning on January 1, 1995, city elected officials were limited to two consecutive terms in office. Further the amendment provided that the voters of any political subdivision could lengthen or eliminate the limitations imposed by the Constitution; and WHEREAS, the City Council has discussed that experienced leadership is an important factor in providing for continuity and consistency in planning and carrying out the long-term goals of the community; and WHEREAS, the City Council has reviewed the provisions of the Colorado Constitution which allows the voters of the City of Thornton to lengthen or eliminate the two consecutive term limitation; and WHEREAS, the City Council desires to promote long-range planning and effective government and provide consistency with the terms of other county elected officials by allowing one additional term of office for the Mayor and City Councilmembers; and WHEREAS, the City Council believes that it is in the best interests of the citizens to allow elected officials more time to achieve these goals as well as have an impact on regional issues by allowing for one additional term of office; and WHEREAS, pursuant to Section 3.1 of the City Charter, the Citys regular election will be held on November 5, 2013; and WHEREAS, the City Council now determines it is necessary and desireable to submit to the electors of the City, at the regular municipal election to be held November 5, 2013, the proposed ballot question to lengthen term limitations by one term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, C.R.S. 2. Pursuant to the City Charter, the Colorado Uniform Election Code of 1992, and all laws amendatory thereof and supplemental thereto, at the regular municipal election to be held on November 5, 2013, there shall be submitted to the eligible electors of the City the following ballot question. The official ballot and official absentee ballot shall contain the following ballot title which shall also be the designation and submission clauses for the measure as stated below: EXTENDING TERM LIMITS To promote long-range planning and effective government and provide consistency with the terms of other county elected officials, shall the terms of office for the City of Thornton Mayor and City Councilmembers be extended to a maximum of three consecutive terms as permitted in the Colorado Constitution Article XVIII, Section 11? 3. If a majority of all votes cast at the election are in favor of this question, then the question shall be approved. 4. If the question is approved, the City Council directs the City Manager to present an ordinance to the City Council codifying the provisions of the question. 5. The issue described in Paragraph 2 shall be effective for elected officials in office as of January 1, 2014 if it is approved by a majority of all votes cast. 6. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on ________________, 2013. CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

__ Nancy A. Vincent, City Clerk 2

INTRODUCED BY: AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO, A PROPOSED AMENDMENT TO CHAPTER IV OF THE CHARTER OF THE CITY OF THORNTON, COLORADO, REDUCING THE AGE OF A PERSON TO 21 YEARS OLD TO QUALIFY TO SERVE AS MAYOR OR COUNCILMEMBER. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes requires the City to submit any Charter amendment to the Citys electors; and WHEREAS, the Council now determines it necessary and desirable to submit a Charter amendment to the electors of the City at the regular municipal election to be held November 5, 2013; and WHEREAS, Adams County (the County) is conducting on November 5, 2013, a coordinated election pursuant to Section 1-7-116, Colorado Revised Statutes; and WHEREAS, pursuant to Section 3.3 of the City Charter, and Sections 1-1-102 and 31-10-102.7, Colorado Revised Statutes, the Council elects to utilize the Uniform Election Code for the purpose of participating in the coordinated election on November 5, 2013, and WHEREAS, the Charter of the City of Thornton has been in existence since 1967; and WHEREAS, the Charter has been amended by the Thornton electorate in 1972, 1977, 1979, 1981, 1989, 1991, 1993, 1995, 1997, 1999, 2001, and 2004; and WHEREAS, the City Council has further reviewed and analyzed the Charter, and believes that certain proposed changes as set forth herein are in the best interests of the City; and WHEREAS, the City Council desires to amend the age that persons are qualified to serve as Mayor or Councilmember from 25 years of age to 21 years of age to provide more opportunities for participation in local government. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, Colorado Revised Statutes. 2. At the regular election on November 5, 2013, there shall be submitted to the eligible electors of the City the following amendment to the Thornton City Charter: [Words underlined will be added and words stricken shall be deleted] 4.4. Qualifications. No person shall be eligible to be elected or appointed to the office of Mayor or Councilmember unless the person is a citizen of the United States, at least twenty-onefive (215) years of age, shall have been for one (1) year immediately preceding such election or appointment a resident of the City of Thornton, Colorado, and is a registered elector. In addition to these requirements no person shall be eligible for the office of Councilmember unless the person is and has been a resident of the ward for the time period required by the Colorado Municipal Election Code. Any person who is a resident of the City or of any area annexed to or consolidated with the City for the required length of time, as herein provided, shall be deemed to meet the resident requirements of this Section. A person who has been convicted of a felony shall not be eligible to become a candidate for City office. No person shall serve as Mayor or Councilmember while also holding another elected position in government. 3. No amendments are proposed by this ordinance to those sections, subsections, paragraphs, or subparagraphs of the Charter which do not appear in Paragraph 2 of this ordinance. 4. The official ballot and official absentee ballot shall contain the following ballot titles which shall also be the designation and submission clauses for the measures, and which shall appear as a question on the ballot as stated below: "Shall Section 4.4 of the Thornton City Charter, Qualifications, be amended to reduce the age to qualify for Mayor or Councilmember from 25 years of age to 21 years of age? 5. If a majority of all votes cast at the election are in favor of the question, that Charter amendment shall be approved.

6. The City Clerk is hereby directed to publish notice of the election upon the foregoing amendment as required by the Colorado Constitution and Statutes, and the Charter and the Code of the City of Thornton, Colorado. 7. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election.

8. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance. 9. The amendment to the Thornton City Charter described in Paragraph 2 shall take effect on the date of the filing in accordance with Paragraph 10 below. 10. Within twenty (20) days after the approval of the Charter amendment, the City Clerk shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment. 11. All ordinances or parts of ordinances of the City Code of the City of Thornton, Colorado, in conflict herewith shall be repealed at the time any of the amendments to the Thornton City Charter take effect. 12. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 13. This ordinance shall take effect upon final passage.

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on , 2013. PASSED AND ADOPTED on second and final reading on , 2013.

CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

Nancy A. Vincent, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERKS OFFICE FOR PUBLIC INSPECTION.

APPROVED AS TO LEGAL FORM:

Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on and after second and final reading on , 2013. , 2013,

INTRODUCED BY: AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO, A PROPOSED AMENDMENT TO CHAPTER IV OF THE CHARTER OF THE CITY OF THORNTON, COLORADO, CONCERNING FILLING THE POSITION OF MAYOR IN THE EVENT OF A VACANCY. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes requires the City to submit any Charter amendment to the Citys electors; and WHEREAS, the Council now determines it necessary and desirable to submit a Charter amendment to the electors of the City at the regular municipal election to be held November 5, 2013; and WHEREAS, Adams County (the County) is conducting on November 5, 2013, a coordinated election pursuant to Section 1-7-116, Colorado Revised Statutes; and WHEREAS, pursuant to Section 3.3 of the City Charter, and Sections 1-1-102 and 31-10-102.7, Colorado Revised Statutes, the Council elects to utilize the Uniform Election Code for the purpose of participating in the coordinated election on November 5, 2013, and WHEREAS, the Charter of the City of Thornton has been in existence since 1967; and WHEREAS, the Charter has been amended by the Thornton electorate in 1972, 1977, 1979, 1981, 1989, 1991, 1993, 1995, 1997, 1999, 2001, and 2004; and WHEREAS, the City Council has further reviewed and analyzed the Charter, and believes that certain proposed changes as set forth herein are in the best interests of the City; and WHEREAS, the City Council desires to amend the provisions regarding filling a vacancy in the position of the Mayor to allow the Mayor Pro Tem to become Acting Mayor until the next regular election and allow the appointment by City Council of an Acting Mayor Pro Tem until the next regular election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, Colorado Revised Statutes. 2. At the regular election on November 5, 2013, there shall be submitted to the eligible electors of the City the following amendment to the Thornton City Charter: [Words underlined will be added and words stricken shall be deleted] 4.5. Vacancy. A. If a vacancy occurs in the office of Mayoror Councilmember, the Mayor ProTem shall become the Acting Mayor immediately. The Acting Mayor shall serve until the next regular election and then the Acting Mayor shall resume the duties as Councilmember for the remainder of that Councilmembers unexpired term of office. The term of office for Mayor at a regular election following a vacancy in that office shall be for four years. B. If a vacancy occurs in the office of Councilmember, the Council shall appoint an eligible person to fill such vacancy to serve the remainder of the term of office that was vacated. Such appointment shall be by written ballot and by a majority of the members of the Council in office at the time. C. A vacancy shall exist when an elective officer fails to qualify, dies, resigns, is removed from office, moves from the City, moves from the ward from which elected, is incapacitated or is absent continuously therefrom for more than three (3) months, is convicted of a felony, or is judicially declared mentally incompetent. That such cause of vacancy exists shall be established by competent evidence thereof and placed on record in the Council minutes. The Council shall determine the validity of the evidence and, based on its determination, decide when a vacancy exists. 3. No amendments are proposed by this ordinance to those sections, subsections, paragraphs, or subparagraphs of the Charter which do not appear in Paragraph 2 of this ordinance. 4. The official ballot and official absentee ballot shall contain the following ballot titles which shall also be the designation and submission clauses for the measures, and which shall appear as a question on the ballot as stated below: Shall Section 4.5 of the Thornton City Charter, Vacancy, be amended to have a vacancy in the position of Mayor filled by the Mayor Pro-Tem becoming the Acting Mayor until the next regular election at which time the office of Mayor would be filled for a four year term and the Acting Mayor returns to Councilmember for the remaining unexpired term? 5. If a majority of all votes cast at the election are in favor of the question, that Charter amendment shall be approved.

6. The City Clerk is hereby directed to publish notice of the election upon the foregoing amendment as required by the Colorado Constitution and Statutes, and the Charter and the Code of the City of Thornton, Colorado. 7. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. 8. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance. 9. The amendment to the Thornton City Charter described in Paragraph 2 shall take effect on the date of the filing in accordance with Paragraph 10 below. 10. Within twenty (20) days after the approval of the Charter amendment, the City Clerk shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment. 11. All ordinances or parts of ordinances of the City Code of the City of Thornton, Colorado, in conflict herewith shall be repealed at the time any of the amendments to the Thornton City Charter take effect. 12. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. 13. This ordinance shall take effect upon final passage.

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on , 2013.

PASSED AND ADOPTED on second and final reading on

, 2013.

CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

Nancy A. Vincent, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERKS OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM:

Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on and after second and final reading on , 2013. , 2013,

INTRODUCED BY: AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO A PROPOSED AMENDMENT TO CHAPTER IV OF THE CHARTER OF THE CITY OF THORNTON, COLORADO, CONCERNING CONTINUITY OF GOVERNMENT DURING AN EMERGENCY. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes requires the City to submit any Charter amendment to the Citys electors; and WHEREAS, the Council now determines it necessary and desirable to submit a Charter amendment to the electors of the City at the regular municipal election to be held November 5, 2013; and WHEREAS, Adams County (the County) is conducting on November 5, 2013, a coordinated election pursuant to Section 1-7-116, Colorado Revised Statutes; and WHEREAS, pursuant to Section 3.3 of the City Charter, and Sections 1-1-102 and 31-10-102.7, Colorado Revised Statutes, the Council elects to utilize the Uniform Election Code for the purpose of participating in the coordinated election on November 5, 2013, and WHEREAS, the Charter of the City of Thornton has been in existence since 1967; and WHEREAS, the Charter has been amended by the Thornton electorate in 1972, 1977, 1979, 1981, 1989, 1991, 1993, 1995, 1997, 1999, 2001, and 2004; and WHEREAS, the City Council has further reviewed and analyzed the Charter, and believes that certain proposed changes as set forth herein are in the best interests of the City; and WHEREAS, the City Council desires to amend Chapter 4 of the City Charter by proposing a new section 4.23 to provide for continuity of government during an emergency by preserving representative government by allowing for alternative meeting locations or use of telecommunication systems for meetings during an emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, Colorado Revised Statutes. 2. At the regular election on November 5, 2013, there shall be submitted to the eligible electors of the City the following amendment to the Thornton City Charter: [Words underlined will be added] 4.23. Continuity of Government Disasters and Emergencies. The City Council shall provide by ordinance for continuity of government of the City in the event of natural or enemy-caused disaster or emergency. Such ordinance shall provide for an orderly line of succession of City elected officials with the authority to take appropriate action for the protection of life and property, and provide for alternative Council meeting locations or use of telecommunication systems for Council meetings during a disaster or emergency notwithstanding the provisions of this Charter. 3. No amendments are proposed by this ordinance to those sections, subsections, paragraphs, or subparagraphs of the Charter which do not appear in Paragraph 2 of this ordinance. 4. The official ballot and official absentee ballot shall contain the following ballot titles which shall also be the designation and submission clauses for the measures, and which shall appear as a question on the ballot as stated below: "Shall Section 4.23 be added to the Thornton City Charter, titled Continuity of Government to provide that the City Council shall adopt an ordinance for continuity of government in the event of natural or enemy-caused disaster or emergency that establishes an orderly line of succession of City elected officials with the authority to take action to protect life and property and provide for alternative Council meeting locations or use of telecommunication systems for meetings during a disaster or emergency notwithstanding the provisions of the Charter? 5. If a majority of all votes cast at the election are in favor of the question, that Charter amendment shall be approved. 6. The City Clerk is hereby directed to publish notice of the election upon the foregoing amendment as required by the Colorado Constitution and Statutes, and the Charter and the Code of the City of Thornton, Colorado. 7. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. 8. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance.

9. The amendment to the Thornton City Charter described in Paragraph 2 shall take effect on the date of the filing in accordance with Paragraph 10 below. 10. Within twenty (20) days after the approval of the Charter amendment, the City Clerk shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment. 11. All ordinances or parts of ordinances of the City Code of the City of Thornton, Colorado, in conflict herewith shall be repealed at the time any of the amendments to the Thornton City Charter take effect. 12. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. 13. This ordinance shall take effect upon final passage.

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on , 2013. PASSED AND ADOPTED on second and final reading on , 2013.

CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

Nancy A. Vincent, City Clerk

THIS ORDINANCE IS ON FILE IN THE CITY CLERKS OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM:

Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on and after second and final reading on , 2013. , 2013,

INTRODUCED BY: AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO, A PROPOSED AMENDMENT TO CHAPTER XVIII OF THE CHARTER OF THE CITY OF THORNTON, COLORADO, CONCERNING THE DEFINITION OF FIRE FIGHTER. WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the City), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes requires the City to submit any Charter amendment to the Citys electors; and WHEREAS, the Council now determines it necessary and desirable to submit a Charter amendment to the electors of the City at the regular municipal election to be held November 5, 2013; and WHEREAS, Adams County (the County) is conducting on November 5, 2013, a coordinated election pursuant to Section 1-7-116, Colorado Revised Statutes; and WHEREAS, pursuant to Section 3.3 of the City Charter, and Sections 1-1-102 and 31-10-102.7, Colorado Revised Statutes, the Council elects to utilize the Uniform Election Code for the purpose of participating in the coordinated election on November 5, 2013, and WHEREAS, the Charter of the City of Thornton has been in existence since 1967; and WHEREAS, the Charter has been amended by the Thornton electorate in 1972, 1977, 1979, 1981, 1989, 1991, 1993, 1995, 1997, 1999, 2001, and 2004; and WHEREAS, the City Council has further reviewed and analyzed the Charter, and believes that certain proposed changes as set forth herein are in the best interests of the City; and WHEREAS, the City Council and the Thornton fire fighters desire to amend the provisions regarding the members and positions in the Fire Department that are defined as fire fighters under the Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

Section 1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, Colorado Revised Statutes. Section 2. At the regular election on November 5, 2013, there shall be submitted to the eligible electors of the City the following amendment to the Thornton City Charter: [Words underlined will be added and words stricken shall be deleted] 18.2 DEFINITIONS. As used in this Chapter and its subparts, the following terms shall, unless the context requires a different interpretation, have the following meanings: (a) The term fire fighter shall mean the following regular employees members and positions of the classified service of the Fire Department of the City of Thornton: sworn fire fighters up to and including the rank of Lieutenant, and emergency medical technicians who are not supervisors and whose primary responsibilities are responding to emergency calls for fire suppression and/or emergency medical services, except the ranks of Chief, Deputy Chief, and Assistant Chief of the Fire Department. Section 3. No amendments are proposed by this ordinance to those sections, subsections, paragraphs, or subparagraphs of the Charter which do not appear in Section 2 of this ordinance. Section 4. The official ballot and official absentee ballot shall contain the following ballot titles which shall also be the designation and submission clauses for the measures, and which shall appear as a question on the ballot as stated below: "Shall Section 18.2 of the Thornton City Charter, Definitions, be amended to define fire fighter as regular sworn fire fighters up to and including the rank of Lieutenant and regular emergency medical technicians who are not supervisors whose primary duties are to provide emergency medical or fire suppression services? Section 5. If a majority of all votes cast at the election are in favor of the question, that Charter amendment shall be approved. Section 6. The City Clerk is hereby directed to publish notice of the election upon the foregoing amendment as required by the Colorado Constitution and Statutes, and the Charter and the Code of the City of Thornton, Colorado.

Section 7. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. Section 8. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance.

Section 9. The amendment to the Thornton City Charter described in Section 2 shall take effect on the date of the filing in accordance with Section 10 below. Section 10. Within twenty (20) days after the approval of the Charter amendment, the City Clerk shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment. Section 11. All ordinances or parts of ordinances of the City Code of the City of Thornton, Colorado, in conflict herewith shall be repealed at the time any of the amendments to the Thornton City Charter take effect. Section 12. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 13. This ordinance shall take effect upon final passage.

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on , 2013. PASSED AND ADOPTED on second and final reading on , 2013.

CITY OF THORNTON, COLORADO

Heidi K. Williams, Mayor ATTEST:

Nancy A. Vincent, City Clerk

THIS ORDINANCE IS ON FILE IN THE CITY CLERKS OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM:

Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on and after second and final reading on , 2013. , 2013,