Town of Rico Home Rule Charter

TOWN OF RICO
HOME RULE CHARTER

To be adopted in April, 2000

PREFATORY SYNOPSIS

The original Home Rule Charter for the Town of Rico was prepared by the nine members of the Rico Home Rule Charter Commission in accordance with Article XX of the Colorado Constitution and the Municipal Home Rule Act of 1971, as amended, and was adopted by election on April ____, 2000.

OBJECTIVES

The Charter seeks to achieve the following main purposes:

to reserve to the Town of Rico the greatest autonomy and power of self-government legally permissible under the Constitution and the laws of the State of Colorado;
to establish a structure for the efficient and orderly conduct of the Town government while also providing for and encouraging the fullest possible citizen participation in the affairs of the Town; and
to safeguard the well-being of all inhabitants of the Town and set forth the framework for the Town's future growth and development as a quality community. The functions of government are carried out by a popularly elected seven member Town Trustees, which includes the position of Mayor. The Mayor Pro-Tem is appointed by the Trustees. A Town Manager, who serves as the Town's chief administrative officer, is hired by, and serves at the direction, of Trustees.

The Charter also addresses initiatives and referendums, elections, finances, taxation, borrowing, public utilities, taxation, and improvement districts. This Charter vests the citizens of Rico with every power and authority grant to Home Rule municipalities under the Constitution of the State of Colorado.

ORIGINAL HOME RULE CHARTER COMMISSION MEMBERS

Peter Carter, Trustees and Home Rule Charter Chairperson
Joseph V. Croke, Mayor
Jerrie Akey, Trustee
David Allen, Planning Commission Chairperson
Barb Turrin, Planning Commission Member
Joan Folsom
Kathy McJoynt, Home Rule Charter Secretary
Dara Kinsey
Bruce Kinsey
Town Attorney: Eric James Heil, Esq.

PREAMBLE

Municipal home rule is based upon the theory that the citizens of a municipality should have the right to decide how their local problems should be solved. Still, the powers of home rule municipalities are limited by their charters, federal law, the state constitution, court decisions and legislation enacted by the General Assembly. It is the primary goal of this charter document to allow the government of the Town of Rico to operate more efficiently and to be successful in solving problems. It will always be the objective of the government of the Town of Rico to act in the best interests of the Town and its residents.

ARTICLE 1: GENERAL PROVISIONS

§ 1.1 Town of Rico
§ 1.2 Municipal Powers
§ 1.3 Form of Government

ARTICLE II: BOARD OF TRUSTEES

§ 2.1 Board of Trustees
§ 2.2 Qualifications
§ 2.3 Term of Office
§ 2.4 Vacancies
§ 2.5 Powers
§ 2.6 Mayor
§ 2.7 Mayor Pro-Tem
§ 2.8 Compensation
§ 2.9 Oath of Office

ARTICLE III: ACTIONS OF TRUSTEES

§ 3.1 Form of Action
§ 3.2 Quorum
§ 3.3 Voting
§ 3.4 Form of Ordinance
§ 3.5 Procedures for Passage of Ordinance
§ 3.6 Emergency Ordinances
§ 3.7 Enactment of Codes and Amendment Thereof by Reference
§ 3.8 Recording of Ordinances, Public Records
§ 3.9 Resolutions and Motions
§ 3.10 Trustee Meetings
§ 3.11 Special Meetings
§ 3.12 Emergency Meetings, Study Sessions, Executive Sessions
§ 3.13 Conflict of Interest
§ 3.14 Removal for Cause

ARTICLE IV: TOWN ADMINISTRATION

§ 4.1 Town Manager
§ 4.2 Town Clerk
§ 4.3 Town Attorney
§ 4.4 Town Marshall
§ 4.5 Employment Status and Agreements

ARTICLE V: MUNICIPAL COURT

§ 5.1 Municipal Court Established
§ 5.2 Municipal Judge

ARTICLE VI: TOWN FINANCES

§ 6.1 Fiscal Year
§ 6.2 Annual Budget
§ 6.3 Scope of Annual Budget
§ 6.4 Adoption of Budget and Appropriation
§ 6.5 Certification of Tax Levy
§ 6.6 Transfer of Funds
§ 6.7 Increase or Reduction of Appropriations
§ 6.8 Independent Audit

ARTICLE VII: MUNICIPAL BORROWING

§ 7.1 Forms of Borrowing Permitted
§ 7.2 Limitations

ARTICLE VIII: TAXATION

§ 8.1 Authority to Levy Taxes

ARTICLE IX: IMPROVEMENT DISTRICTS

§ 9.1 Power to Construct Improvements and Create Improvement Districts
§ 9.2 Review of Improvement District Proceedings
§ 9.3 Elections

ARTICLE X: FRANCHISES AND PUBLIC UTILITIES

§10.1 Town Powers
§10.2 Grant of Public Utility Franchises
§10.3 Water Rights
§10.4 Utility Rates
§10.5 Term; Compensation; Restriction
§10.6 Review
§10.7 Assignment
§10.8 Common Use of Facilities
§10.9 Franchise Records
§10.10 Existing Franchises
§10.11 Revocable Permits

ARTICLE XI: ELECTIONS

§11.1 Election Rules
§11.2 Election Date and Time
§11.3 Penalty for Election Fraud
§11.4 Nominating Petitions
§11.5 Notice of Election
§11.6 Special Election
§11.7 Recall

ARTICLE XII: INITIATIVE AND REFERENDUM

§12.1 Initiative
§12.2 Referendum
§12.3 Petitioners' Committee Affidavit
§12.4 Petitions
§12.5 Procedure After Filing
§12.6 Referendum Petitions
§12.7 Action on Petitions
§12.8 Results of Election
§12.9 Amendment or Repeal

ARTICLE XIII: TOWN MEETINGS

§13.1 Town Meeting
§13.2 Meeting Procedures
§13.3 Veto

ARTICLE XIV: MISCELLANEOUS PROVISIONS

§14.1 Purchase, Sale or Lease of Real Property
§14.2 Right of Eminent Domain
§14.3 Charter Amendments
§14.4 Effect of State Statutes
§14.5 Severability
§14.6 Emergency Powers
§14.7 Continuity of Government
§14.8 Titles and Subheadings
§14.9 Construction of Words
§14.10 Indemnification of Mayor and Trustees
§14.11 Publication and Posting of Ordinances, Notices and Other Documents
§14.12 Boards and Commissions

ARTICLE XV: TRANSITION PERIOD

§15.1 Purpose of Transitional Provisions
§15.2 Effective Date of Charter
§15.3 Continuation of Present Elected Officials
§15.4 Continuation of Appointed Officers and Employees
§15.5 Continuation of Prior Legislation and Obligations
§15.6 November, 2000, Election