On November 6, 2001 the citizens of the City of Sheridan approved the formation of a nine-member Home Rule Charter Commission to draft a Home Rule Charter for the City. In conformity with Article XX of the Colorado Constitution and the Municipal Home Rule Act of 1971, as amended, the Sheridan Home Rule Charter Commission has spent the last several months drafting this Charter and hereby submit it to the people. The Charter was drafted utilizing public input, extensive research into past practices, and with the advice and expertise of legal and financial professionals.

We believe this Charter will allow Sheridan to capitalize on its existing strengths, while allowing for a future full of promise for our City. The Commission members have sought to prepare a charter which holds the City’s elected and appointed officials to the highest ethical standards. The Charter also reserves and assures the absolute rights and power of the citizens for self-government under the Home Rule provisions of the Colorado Constitution. The Charter may be amended by voter approval if the need arises, and guarantees and vests the final voice of City government in the people of Sheridan.

The form of government provided for in the Charter is a “Council-Manager” form, with the manager’s duties and responsibilities fundamental to creating a collaborative framework in which all Sheridan residents and City employees can maintain and enhance the quality of life in our City. The elected City Council will continue as a Mayor and six-member Council with four-year overlapping terms; and no change to existing boards and commissions will take place, although the Charter gives Council the authority to make changes in the future.

The Commission has provided in the Charter that the City Clerk and City Treasurer be appointed and supervised by City Council rather than elected. This will allow the City to employ a full time City Clerk and City Treasurer who have necessary qualifications and skills to provide the City with expertise needed in these positions.

We were careful not to infringe on the citizen’s rights to vote on issues such as new taxes or term limits. We believe issues of that importance should be decided separate from this Charter.

It was the intent of the Commission that major City policies be decided by Ordinance, requiring a public hearing prior to adoption. In addition, the democratic techniques of initiative, referendum, and recall are also included in the Charter. By these rights, all citizens have the final voice in their government.

The adoption of this Charter gives Sheridan all the powers available to a Home Rule city, such as local control of local issues. The Commission has structured it to meet the present and future needs of the citizens of Sheridan.

The Commission members wish to thank the citizens of Sheridan for entrusting them with the responsibility of composing this Charter.

ARTICLE 1

GENERAL PROVISIONS

Section 1.1. Name and Boundaries.

The municipal corporation hereto existing as the City of Sheridan, which is located in Arapahoe County, State of Colorado, shall remain and continue as a body corporate and politic and under this Charter be known as the City of Sheridan, with the same boundaries, unless changed in a manner authorized by law.

Section 1.2. Purpose of Charter.

It is the purpose of this Charter to establish a basic governmental structure that will provide for the effective and efficient conduct of the business of the City. It is intended that the Charter shall provide for full participation in the affairs of the City by every member of the community in the manner provided for herein.

Section 1.3. Form of Government.

The municipal government provided in this Charter shall be known as a Council-Manager government.

Section 1.4. Powers of the City.

A. The City shall have all the powers of local self-government and home rule, and all powers possible for the City under the State Constitution. All such powers shall be exercised in a manner consistent with the United States Constitution, the State Constitution and this Charter. The City shall not enact any laws infringing upon the constitutional rights of its citizens.

B. Except as otherwise provided in this Charter, the City shall also have all powers granted to cities, towns, and municipalities by the State statutes.

C. The enumeration of specific powers in this Charter shall not be considered as limiting or excluding any other powers under Article XX of the State Constitution or any other applicable laws. All powers shall be exercised in the manner set forth in this Charter or, if not provided for in this Charter, in such manner as shall be provided by City ordinances, codes, rules, regulations, policies or any other applicable powers and laws.

Section 1.5. Eminent Domain.

The City shall have the right and power of eminent domain within and outside its corporate limits for all public purposes, as provided by the Colorado Constitution, State statutes and all applicable laws and ordinances enacted by City Council.

Section 1.6. Rights and Liabilities.

By the name of the City of Sheridan, the municipal corporation shall, by illustration, have perpetual succession; shall own, possess and hold all property, real and personal heretofore owned, possessed and held by the City, and does assume and shall manage and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities; shall acquire all benefits and does assume and shall pay all bonds, obligations, and indebtedness of the City; may, by the name of the City of Sheridan, sue and defend, purchase, acquire, receive, hold and enjoy, or sell, lease and dispose of any interest in real and/or personal property; and shall have a common seal and alter the same at pleasure.

Section 1.7. Present Ordinances in Effect.

All ordinances and codes of the City in effect at the time this Charter becomes effective shall continue in effect, except as they may conflict with the provisions of this Charter or shall be amended or repealed by ordinances enacted under authority of this Charter.

Section 1.8. Amendments to the Charter.

This Charter may be amended in the manner provided in the State Constitution and the State statutes pertaining to home rule charter amendments. Proceedings to amend the Charter may be initiated by the filing of a petition meeting the requirements of the State statutes or by the adoption of an ordinance by the City Council submitting the proposed amendment to a vote of the registered electors of the City.

Section 1.9. Charter Amendments only by Measures Expressing a Single Subject.

A. No measure proposing an amendment to this Charter shall be submitted to the registered electors of the City if the measure contains more than one subject.

B. The City Clerk shall approve the form of the petition for circulation of a ballot measure proposing a Charter amendment only if such measure contains a single subject.

C. As used in this Section, the single subject requirement means that the matters in the measure submitted for voter approval are necessarily or properly connected and are not disconnected or incongruous.

ARTICLE 2

CITY COUNCIL

Section 2.1. City Council.

A. The City Council shall be the governing body of the City, and shall have such powers as are possessed by the City and not conferred by this Charter on others. All such powers shall be exercised in the manner prescribed in this Charter or, if not provided for herein, in such manner as shall be provided by ordinances, codes and applicable laws.

B. The City Council shall consist of seven (7) Councilmembers, two (2) of whom shall be nominated and elected from each of three wards and a Mayor, who shall be nominated and elected from the City at large.

Section 2.2. Mayor, Mayor Pro Tem.

A. The Mayor shall be a member of the City Council and shall have the same voting powers as any Councilmember.

B. The Mayor shall preside over meetings of the City Council and shall be recognized as the head of the City government.

C. By the affirmative vote of a majority of the entire Council, a Councilmember shall be appointed as Mayor Pro Tem for the term as prescribed by ordinance, to perform the responsibilities of the Mayor when the Mayor is absent or is otherwise unable to perform the responsibilities of the Mayor.

Section 2.3. Mayor and Councilmembers – Qualifications.

A. Each Councilmember and the Mayor shall be a citizen of the United States.

B. Each Councilmember shall be a registered elector of the City who has resided in his/her respective ward for a period of at least twelve (12) consecutive months immediately preceding the election; except that, in case the boundaries of the ward are changed pursuant to Section 5.4 or as a result of annexation, residence for the prescribed time period within territory added to the ward, shall be deemed to meet the residency requirements for the ward to which the territory was added.

C. The Mayor shall be a registered elector of the City who has resided within the limits of the City for a period of at least twelve (12) consecutive months immediately preceding the election; except that, in the case of annexation, residence within the annexed territory for the prescribed time period shall be deemed to meet the residency requirements of this paragraph.

D. No person who has been convicted of a felony or abuse of public office shall be nominated or elected as Mayor or Councilmember.

E. City Council shall enact, by ordinance, requirements and procedures to govern the Council-related activities of Councilmembers and the Mayor while in office, which ordinance shall prescribe disciplinary procedures and consequences, which may include expulsion from the office, for violations thereof.

F. No person who is an employee of the City may serve as Mayor or Councilmember. Any employee who runs for Mayor or Councilmember shall be deemed to have resigned from the position of City employee on the date of certification of his/her election to such office. The Mayor or a Councilmember, after taking office, may be appointed to a City board or commission if the person is eligible to be so appointed pursuant to the ordinance establishing the board or commission and such board or commission members do not receive compensation, except expenses.

G. No person may be a candidate for both Mayor and Councilmember at the same election or hold both positions simultaneously.

H. Nothing in this section shall prohibit City volunteers or members of City boards and commissions, who are not otherwise employees of the City, from serving as Mayor or Councilmembers.

Section 2.4 Code of Ethics.

City Council shall enact by ordinance a code of ethics pertaining to Council.

Section 2.5. Term Limits.

The Colorado constitutional provisions related to term limits for municipal elected officials shall apply to the Mayor and Councilmembers.

Section 2.6. Term of Office; Time of Taking Office; Oath

A. Each Councilmember shall be elected for a four (4) year term. Councilmembers’ terms shall be staggered within each ward as provided by ordinance. The Mayor shall be elected for a four (4) year term.

B. The Mayor and each Councilmember shall take office at the first regular or special meeting of the Council following certification of their election and shall continue in office until their successors have been elected and take office or a vacancy occurs.

C. Before taking office, the Mayor and each Councilmember shall take and file with the City Clerk an oath or affirmation to support the United States Constitution, the State Constitution, the Charter, ordinances and codes of the City and to faithfully perform the duties of the office.

Section 2.7. Compensation.

The Mayor and each Councilmember shall receive such salary and benefits as may be prescribed by ordinance. The salary of the Mayor or of any Councilmember shall

not be increased or diminished during the term for which the Mayor or Councilmember has been elected. Subject to the Council’s approval, the Mayor and Councilmembers may be reimbursed for the actual and necessary expenses incurred in the performance of the duties of office.

Section 2.8. Vacancies.

A Councilmember’s office (including the Mayor) shall become vacant whenever he/she is recalled, dies, becomes incapacitated, resigns, is expelled from Council in accordance with Section 2.3 E of this Charter, moves from or becomes a non-

resident of the City or, with the exception of the Mayor, moves from the ward from which he/she was elected. Vacancies shall be filled in the following manner:

A. Appointment by Council if the vacancy occurs more than one hundred twenty (120) days before the next regular municipal election. The appointee shall be selected by a majority vote of Council and such appointment shall be made within forty five (45) days after such vacancy occurs. All such appointments shall be until a successor is elected and qualified at the next regular municipal election. In the event that a vacancy occurs in the office of Mayor, the Mayor Pro Tem shall assume the office of Mayor and the appointment shall be for the office of the Councilmember (who was the Mayor Pro Tem) only; or

B. By election at the next regular municipal election if the vacancy occurs within one hundred twenty (120) days immediately preceding said election; or

C. By election at a special municipal election if three or more vacancies exist at any one time and there will not be a regular municipal election within ninety (90) days immediately after the date that the third vacancy occurred. In the event of such multiple vacancies, Council shall call a special municipal election to be held within sixty (60) days from the occurrence of the third vacancy to elect a Councilmember to fill each vacated office.

D. In the event of a vacancy in the office of Mayor Pro-Tem, the Council shall choose the successor.

All Councilmembers elected to fill vacancies as provided in paragraphs B. and C. hereof and those elected subsequent to the filling of a vacancy by appointment as provided in paragraph A. hereof shall be elected to fill only the unexpired terms of the offices so vacant.

ARTICLE 3

COUNCIL PROCEDURE

Section 3.1. Meetings.

A. The Council shall meet regularly each month as prescribed by ordinance. The Council shall prescribe by rules of the Council the day and hour of its regular meetings and the procedures governing meetings.

B. The Council shall cause minutes of its regular and special meetings to be taken and retained in the records of the City.

C. Council may meet in study sessions or other sessions as it deems necessary or as it may prescribe by and pursuant to rules and procedures adopted by Council.

Section 3.2. Special Meetings and Business at Special Meetings.

A. Special meetings shall be called by the City Clerk on the request of three Councilmembers, one of which may be the Mayor

B. A special meeting shall be held on notice to each Councilmember and Mayor, either personally, in writing or by electronic or telephonic means. The notice need not be made if the member has waived same.

C. The Council shall not take action on any item of business at any special meeting of the Council unless it has been stated in the notice of the meeting.

Section 3.3. Quorum.

A majority of the Council holding office at the time shall be a quorum for the transaction of business at all Council meetings.

Section 3.4. Public Meetings; Executive Sessions.

A. Except as provided in Section 3.4.D, all regular meetings, special meetings, study sessions and other sessions of the Council shall be open to the public and all persons shall have a reasonable opportunity to be heard at each meeting under such rules as the Council may prescribe.

B. Notice of regular meetings, special meetings and study sessions shall be made available to the public in advance of the meetings. The notice shall include agenda information to the extent reasonably available.

C. No formal action, final policy decision, rule, regulation, resolution, ordinance or action approving a contract or calling for the payment of money shall be adopted or approved except at a regular or special meeting.

D. Executive sessions may be held in compliance with City ordinances related to such sessions.

E. Except as authorized by majority vote of the entire City Council, or required or permitted by judicial order, no participant in any executive session shall reveal any information presented in such session. A participant who is in doubt about the application of this provision may seek a judicial order by requesting an in camera hearing in the District Court of Arapahoe County at his/her expense.

ARTICLE 4

COUNCIL ACTIONS

Section 4.1. Council Acts.

The Council shall act only by ordinance, resolution or motion. All legislative enactments shall be in the form of ordinances. All other actions, except as herein provided, may be in the form of resolutions or motions. A copy of every ordinance and resolution adopted shall be numbered and recorded in the records of the City.

Section 4.2. Voting.

A. The vote by “Yes” and “No” shall be taken upon the adoption of all ordinances, resolutions and motions and entered in the minutes of the Council meetings.

B. Except where a greater number is required in this Charter or ordinance adopted pursuant to this Charter, the final adoption of any ordinance shall require the affirmative vote of a majority of the current Council and resolutions and/or motions shall require the affirmative vote of a majority of the Council present at the meeting adopting such resolutions and motions.

C. Neither the Mayor nor any Councilmember shall vote on any matter concerning such person’s own conduct.

D. Neither the Mayor nor any Councilmember shall vote on any matter in which such person has, or may have, a conflict of interest, which matters related to conflict of interest shall be prescribed by ordinance.

E. Except as provided by paragraphs C. and D. of this Section, each Elected Official who is present shall vote on each matter.

Section 4.3. Actions by Ordinance Required.

In addition to such acts of the Council that are required by other provisions of this Charter to be done by ordinance, every act creating indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a

penalty is imposed, or placing any burden upon or limiting the use of private property shall be by ordinance.

Section 4.4. Form of Ordinance.

Every ordinance shall be introduced in a written, printed or electronic communication format. The enacting clause of all ordinances shall be: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHERIDAN, COLORADO. Except as otherwise provided in this Article, all ordinances shall take effect three (3) days after publication or notice by any other method provided in this Charter, following final passage.

Section 4.5. Severability of Ordinances.

Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstance shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance which can be given affect without the invalid portion or application; provided, such remaining portions or applications are not determined by a court to be inoperable, and to this end, all ordinances are declared to be severable.

Section 4.6. Adoption Procedure for Ordinances.

A. Each ordinance shall be presented to Council at least twice, and the following procedure shall be followed in adopting any ordinance, except an emergency ordinance:

1. The ordinance shall be introduced by motion at a regular or special meeting of the Council.

2. The ordinance shall be read in full or by title if copies of the ordinance are available to the public.

3. At the first reading, the Council shall vote to amend, adopt or reject the ordinance or take other action, as it deems appropriate.

4. If the ordinance is adopted by Council upon its initial introduction either as presented or as amended, it shall be published, or notice provided by any other method provided by this Charter, by descriptive title as it was adopted, provided copies of the entire ordinance are available to the public.

5. The ordinance shall be introduced by motion and title a second time at a regular or special meeting of the Council held not earlier than three (3) days after the first publication or notice.

6. Prior to taking final action on the ordinance, the Council shall permit public comments on the ordinance, then shall vote to amend, finally adopt, reject the ordinance or take other action, as it deems appropriate.

7. Upon final adoption, the ordinance shall be published, or notice provided by any other method provided by this Charter, either in full or by descriptive title of the ordinance, provided copies of the entire ordinance are available to the public, as the Council may direct; however, if the ordinance is amended on final adoption, reference to the amendment shall be made in such publication or notice.

8. The ordinance shall be signed by the Mayor and attested by the

City Clerk and affidavits of publication or notice shall be retained with the ordinance in the City’s records.

B. Every ordinance published, or notice provided as described in this Charter, or ordinance adopted pursuant to this Charter, by descriptive title, shall contain a provision that copies of the ordinance are available at the office of the City Clerk or are available by other means of communication with the public.

Section 4.7. Emergency Ordinances.

A. An emergency ordinance necessary for the immediate preservation of public property, health, welfare, peace, or safety shall require the affirmative vote of two-thirds (2/3) of the Council in office at the time. The facts determining the emergency shall be stated in the ordinance. Determination by Council as to the existence of an emergency shall be final and conclusive.

B. An emergency ordinance may be introduced and finally adopted at any regular or special meeting, shall require only one (1) reading and shall not require publication or notice prior to final adoption. An emergency ordinance shall take effect upon final adoption or on such later date as specified in the ordinance. Following final adoption, an emergency ordinance shall be published or notice provided by any other method provided by this Charter, in full.

Section 4.8. Codification.

Immediately following the effective date of this Charter, the Council shall commence and cause the ordinances of general applicability to be codified within three (3) years of the effective date of this Charter and thereafter maintained in codified form. Revisions to the code/codes may be accomplished by reference as provided in Section 4.9 of this Charter.

Section 4.9. Adoption of Codes by Reference.

The Council may adopt, by ordinance, any code by reference. The procedure of adoption of a code by reference shall be as provided in the State statutes, or all laws applicable to the adoption of codes by reference, or such other procedure as the Council

may provide by ordinance. Every ordinance adopting a code by reference shall contain a notice that copies of the code are available at the office of the City Clerk or are available by other means of communication with the public. Any penalty clause in such a code may be adopted only if set forth in full in the adopting ordinance.

Section 4.10. Public Records.

All public records of the City of Sheridan shall be open for inspection by any person at reasonable times as provided by ordinance or City procedure.

Section 4.11. Fines and Penalties for Ordinance Violations.

Penalties for violations of City ordinances shall be established by ordinance. No fine or sentence for such violations shall exceed the maximum established by applicable laws for municipal ordinance and/or code violations.

ARTICLE 5

ELECTIONS

Section 5.1. State Election Laws Adopted.

City elections shall be governed by the State statutes, except as otherwise provided by this Charter or by ordinance adopted pursuant to this Charter. All regular and special elections shall be nonpartisan.

Section 5.2. Regular Elections.

Regular municipal elections shall be held on the first Tuesday in November of each odd-numbered year, commencing in 2003.

Section 5.3. Special Elections.

Except as provided in Section 2.8.C, special elections shall be called by a Council resolution adopted not less than thirty (30) days before the election. The resolution calling a special election shall describe the purpose of the election.

Section 5.4. Wards.

A. The City shall be divided into three wards, the boundaries of which shall be changed only by an ordinance adopted by the affirmative vote of a majority of the entire Council.

B. The boundaries of the wards established pursuant to this Section shall not be changed more often than once in six (6) years, unless change is necessary to conform to constitutional apportionment requirements. Territory added to the City shall become a

part of such ward or wards as may be determined by ordinance, but this shall not prevent apportionment to conform to constitutional requirements.

C. Notwithstanding any other provision of this Charter, no change in boundaries of wards shall create a vacancy during the term of any Councilmember in office at the time of the change.

Section 5.5. Conduct of Elections.

The City Clerk shall have charge of all activities and duties required pursuant to this Charter relating to the conduct of City elections. In any case where election procedures are in doubt or question, the City Clerk shall prescribe the procedures to be followed.

ARTICLE 6

INITIATIVE, REFERENDUM, AND RECALL

Section 6.1. Initiative.

A. The initiative power, reserved by Article V, Section 1(9) of the Colorado Constitution, is hereby extended to the registered electors of the City as to that City legislation which is subject to the initiative power. Any initiated measure shall be in the form of an ordinance. The measure shall be initiated pursuant to the State statutes, or ordinances, which establish procedures for municipal initiative, except as otherwise provided in this Charter and in ordinances adopted pursuant to this Charter.

B. The initiative petition shall be signed by registered electors of the City equal in number to at least fifteen (15) percent of the total number of electors of the City registered to vote at the last regular municipal election.

C. The City Clerk shall not count as valid any signature on an initiative petition if the date of the signature is prior to the date the form of the petition was approved by the City Clerk.

D. The City Clerk shall not count as valid any signature on an initiative petition if more than ninety (90) days have elapsed between the date the form of the petition was approved by the City Clerk and the date of the signature.

Section 6.2. Referendum.

A. The referendum power, reserved by Article V, Section 1(9) of the Colorado Constitution, is hereby extended to the registered electors of the City as to those ordinances which are subject to the referendum power. Such ordinances shall be referred pursuant to the State statutes or ordinances, which establish procedures for municipal referendum, except as otherwise provided in this Charter and in ordinances adopted pursuant to this Charter.

B. A referendum petition shall be signed by registered electors of the City equal in number to at least ten (10) percent of the total number of electors of the City registered to vote at the last regular municipal election.

C. The City Clerk shall not count as valid any signature on a referendum petition if the date of the signature is prior to the date the form of the petition was approved by the City Clerk.

Section 6.3. Exceptions.

Notwithstanding these provisions for initiative and referendum, the following ordinance matters shall not be subject to initiative and referendum:

A. Ordinances addressing budgets, capital programs, appropriations, levies of taxes, economic development and salaries of City officers or employees shall not be subject to initiative.

B. Ordinances addressing budgets, capital programs, appropriations, levies of taxes, economic development, salaries of City officers or employees, special elections, emergencies, authorization of issuance of improvement district bonds payable in part from special assessments, levying special assessments or contractual obligations of the City shall not be subject to referendum.

Section 6.4. Recall.

A. Any elected official may be recalled at any time after six (6) months in office, pursuant to the State statutes or applicable laws which establish procedures for the recall of municipal elected officials, except as otherwise provided in this Charter and in ordinances not inconsistent with this Charter.

B. A petition to recall a Councilmember shall be signed by registered electors of the ward from which the Councilmember was elected and a petition to recall the Mayor shall be signed by registered electors of the City.

C. The signers shall number at least twenty-five (25) percent of the entire votes cast in the ward or in the City, as the case may be with reference to Section 6.4 B., for all the candidates for that particular office at the last preceding election in which the person sought to be recalled was elected to office.

D. For the recall of a person appointed to fill a vacancy, signers shall number at least twenty-five (25) percent of the entire vote cast for all candidates for the vacated office in the ward or in the City, as the case may be with reference to Section 6.4 B., at the last preceding regular municipal election at which a person was elected to that office.

E. If a regular municipal election or statewide general election is scheduled to be held within ninety (90) days after submission of a recall petition, although that election is not the one at which the office held by the person sought to be recalled would otherwise be filled, the recall election shall be held at the same time as that regular municipal or statewide general election.

F. After one (1) recall petition and election, no further petition shall be filed against the same person during the term for which such person was elected or appointed unless the number of petitioners signing said petition are equal to or exceed fifty (50) percent of all the votes cast in the ward, or the City at the previous general election, as the case may be, with reference to Section 6.4 B., for all the candidates for that particular office at the last preceding election.

G. Except as to requirements contained in this Charter, State statutes, ordinances or other applicable laws regarding the recall of municipal elected officers, the form, content, approval, and other petition requirements in the State statutes, ordinances or such applicable laws applicable to municipal initiatives shall apply as nearly as practicable to recall petitions.

Section 6.5. Council Referral.

The Council shall have the power to submit to a vote of the registered electors of the City, without receipt of any petition, any proposed or adopted ordinance or any issue or question.

Section 6.6. Prohibited Action By Council.

A. No initiated ordinance adopted by the registered electors of the City may be substantively amended or repealed by the Council during a period of one (1) year after the date of the election on the initiated ordinance, unless the amendment or repeal is approved by a majority of the registered electors of the City.

B. No referred ordinance repealed by the registered electors of the City may be re-adopted by the Council during a period of one (1) year after the date of the election on the referred ordinance, unless the re-adoption is approved by a majority of the registered electors of the City.

Section 6.7. Withdrawal of Petition.

A. An initiative, referendum, or recall petition may be withdrawn at any time prior to thirty (30) days before the day scheduled for a vote by filing with the City Clerk a written request for withdrawal.

B. The written request for withdrawal shall be signed by a majority of persons who are designated in the petition as representing the signers on matters affecting the petition.

C. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 6.8. Petition Forms to be Provided.

The City Clerk shall, upon request, provide sample forms of initiative, referendum, and recall petitions which conform to the requirements of this Charter.

ARTICLE 7

CITY ADMINISTRATION

Section 7.1. City Manager.

A. The Council shall appoint a City Manager. The appointment shall provide for compensation to be fixed by Council. The City Manager shall serve at the pleasure of City Council. The appointment or removal of the City Manager shall require the affirmative vote of a majority of the entire Council.

B. The City Manager shall be appointed with regard to fitness, competency, training, and experience in professional administration.

C. Neither any Councilmember nor the Mayor shall be appointed City Manager during the term for which the person was elected or appointed nor within two (2) years after the term of such office.

Section 7.2. Exclusive Service to City.

A. During the period of the appointment, the City Manager shall not be an employee of, or perform any services for compensation from, any person or entity other than the City, unless the Manager has first obtained the approval of the City Council.

B. The Manager shall not engage in any financial, business dealings or relationships with the City for two (2) years following his/her departure as an employee of the City, except if waived by City Council.

Section 7.3. Powers and Duties of Manager.

The City Manager shall be the administrative officer of the City. The City Manager shall have the following powers and duties:

A. Be responsible for the enforcement of the ordinances, resolutions, franchises, contracts, requirements, regulations, policies, actions, directives and enactments of the City and the Council.

B. Coordinate and work collaboratively with all department heads to administer the policies and directives of City Council, and to report such administrative activities to Council on a periodic basis.

C. Establish, with Council approval, and implement personnel rules and regulations for City employees. Such rules and regulations shall provide, by illustration only, for the selection, promotion and retention of City employees on the basis of ability, training, experience and performance, and also provide for annual reviews of performances of all City employees. Nothing in this paragraph shall preclude the

Council from the enactment of ordinances or resolutions, establishment or application of rules and regulations for reductions in force, administrative reorganizations or the establishment of temporary or seasonal positions of employment.

D. Cause a proposed budget, including a capital budget, to be prepared and submitted to the Council biannually, annually and/or as provided by Council ordinance and be responsible for the administration of the budget adopted by Council.

E. Cause to be prepared and submitted to Council a monthly report of all finances and financial activities of the City for the preceding calendar month and keep the Council advised of the financial condition and existing and future financial needs of the City.

F. Cause to be prepared and submitted to the City Council, as of the end of the fiscal year, a complete report on finances and administrative activities of the City for that year and make other reports as requested by the Council concerning the matters of the City which are within the Manager’s responsibility.

G. Except as to the City Clerk, City Treasurer, Municipal Court and the office of the City Attorney (including the City Prosecutor), exercise supervision and control over all City departments and employees and make recommendations to the City Council concerning the establishment, alteration, consolidation or abolition of City departments and employee positions.

H. Except as to the City Clerk, City Treasurer, Municipal Court and the office of the City Attorney (including the City Prosecutor), employ and dismiss all City employees, subject to Council review and subject to personnel rules and regulations for City employees.

I. Attend City Council meetings and participate in discussions with the Council in an advisory capacity.

J. Make recommendations and offer advice to Council regarding administrative matters.

K. Be responsible for informing the public on City functions and activities.

L. Perform such other duties as prescribed by this Charter or as required by the Council and not inconsistent with this Charter and City Codes, ordinances and laws.

Section 7.4. City Clerk.

City Council shall appoint a City Clerk, who shall serve at the pleasure of Council, to perform such duties required by this Charter, applicable laws, ordinances, rules, regulations and policies and such other duties as directed by the Council.

Section 7.5. City Treasurer.

City Council shall appoint a City Treasurer, who shall serve at the pleasure of Council, to perform duties required by laws, ordinances, rules, regulations and policies and such other duties as may be required by the Council.

Section 7.6. Administrative Departments.

The administrative functions of the City will be performed within the administrative departments that exist on the effective date of this Charter, subject to Section 7.3 F. of this Charter. The Council may, by ordinance, establish, alter, consolidate, or abolish administrative departments and employee positions.

Section 7.7. Relationship of Council to Administration.

The Council shall have authority to direct the City Manager with respect to the performance of his/her duties and responsibilities. Although individual Councilmembers and the Mayor shall be authorized to discuss all matters relating to City operations and administrative services with employees, officers, contractors and consultants of the City, including the City Manager, they shall not be authorized to give any direct orders specifically to City employees. The Mayor and City Council shall be authorized to direct the City Manager regarding the administration and operations of City codes, ordinances, resolutions, policies, procedures and directives to be carried out by the administration.

ARTICLE 8

CITY ATTORNEY

A. The City Council, by majority vote of the entire Council, shall appoint a City Attorney to serve at the pleasure of the Council.

B. The Council shall establish the City Attorney’s compensation.

C. The City Attorney shall be, at all times while serving as City Attorney, an attorney admitted to practice in Colorado.

D. The removal of the City Attorney shall require the majority vote of the entire Council.

E. The City Attorney shall serve as the chief legal officer and advisor of the City, be responsible for the drafting of all ordinances, resolutions and legal documents, attend Council meetings, represent the City in all legal matters and proceedings, advise the Council and all City employees and officials in legal matters relating to their functions, powers and duties and perform all other duties designated by the Council.

F. The Council may employ special counsel or a City Prosecutor. The City Attorney and the City Prosecutor may be the same person.

ARTICLE 9

MUNICIPAL COURT; MUNICIPAL JUDGE

A. There shall be a Municipal Court vested with jurisdiction over matters related to the Charter and ordinances of the City. The Municipal Court shall be a court of

record. The Court shall have such powers and jurisdiction over all local, municipal matters and/or mixed local and statewide matters as provided by this Charter, Council ordinances and applicable laws.

B. The City Council shall appoint, by the majority vote of the entire Council, a presiding municipal judge and such deputy municipal judges, as the Council deems necessary. Each municipal judge shall be appointed for a two (2) year term.

C. The Council shall establish the compensation for the presiding municipal judge and each deputy municipal judge. The compensation shall not be dependent upon the outcome of the matters to be decided by the judge.

D. The presiding municipal judge and each deputy municipal judge shall be, at all times while serving as judge, an attorney admitted to practice in Colorado.

E. The removal of any judge during the term of office shall require the majority vote of the entire Council. Any such removal shall only be for cause as specified in the State statutes applicable to the removal of municipal judges and for any other conduct which would constitute a violation of the Colorado Code of Judicial Conduct, as from time to time amended.

ARTICLE 10

BUDGET AND FINANCE

Section 10.1. Fiscal Year.

Unless otherwise provided by ordinance, the fiscal year of the City shall begin on the first day of January and end on the last day of December of each year.

Section 10.2. Proposed Budget and Message.

At such time as the Council may provide by ordinance, the City Manager shall cause to be prepared and submitted to the Council a proposed budget and accompanying message. The proposed budget shall provide a financial plan for all City funds and activities for at least the next fiscal year and, if Council provides by ordinance, shall provide such a financial plan for the subsequent fiscal year or years, and except as required by this Charter, shall be in such form as the Council may require. The proposed budget shall contain a general summary of its contents and shall include comparative figures for revenues and expenditures for the current or subsequent fiscal year or years.

Section 10.3. Contents of Proposed Budget.

The proposed budget shall include, but not be limited to, in separate sections the following information:

A. An estimate of anticipated revenues classified by source;

B. An estimate of cash available, if any, as of December 31 of the current fiscal year;

C. Proposed expenditures for the operation of the City, by fund, department, office and agency, and the methods of financing such expenditures;

D. Provisions for reserves and contingencies;

E. Proposed capital expenditures, by fund, department, office and agency, and the proposed methods of financing such expenditures;

F. Anticipated net surplus or deficit for each municipal utility system and the proposed method of its disposition;

G. Anticipated net surplus or deficit for each municipal enterprise and the proposed method of its disposition;

H. An estimate of the amount required to be raised from an ad valorem property tax levy;

I. A statement of the outstanding securities and other debt and payment obligations of the City, showing the debt redemption and interest requirements, the debt authorized and outstanding and the condition of sinking funds, if any; and

J. Such other information as the Council and/or applicable law may require.

Section 10.4. Capital Program.

A. Concurrently with the date of submission of the proposed budget to the Council, or at such other time as the Council may require by ordinance, the City Manager

shall cause to be prepared and submitted to the Council a recommended capital program for the next fiscal year and for such subsequent fiscal years as provided by Council ordinance.

B. The recommended capital program shall include, but not be limited to, the following information:

1. A general summary of its contents;

2. A list of all capital improvements which are recommended to be undertaken, continued or completed;

3. Cost estimates and methods and timing of financing the improvements;

4. The estimated annual cost of operating and maintaining the improvements; and

5. Such other information as the Council may require.

C. The recommended capital program, following adoption, shall serve as a guide for the planning of capital improvements.

Section 10.5. Budget Hearing.

A public hearing on the proposed budget and capital program shall be held by the Council after receipt of the proposed budget. Notice of the time and place of such hearing shall be published or notice provided by such methods as described in this Charter at least one (1) time not less than ten (10) days prior to the hearing and shall state that copies of the proposed budget and the proposed capital projects programs are available for public review.

Section 10.6. Council Amendments.

After the public hearing the Council may adopt the budget as presented or amended. In amending the budget, Council may add or increase programs or amounts and may delete or decrease programs or amounts except those expenditures required by law, for debt service or for estimated cash deficits. Such amendments shall not increase the total expenditures for the overall budget as presented at the public hearing. If such amendment does increase the total expenditures, then another public hearing shall be held prior to adoption of the budget, subject to notice as described in Section 10.5.

Section 10.7. City Council Adoption.

The Council shall adopt the budget for the next fiscal year by ordinance on or before the final day of the current fiscal year. If it fails to adopt the budget by this date, the amounts appropriated for the current operations for the current fiscal year shall be deemed adopted for the next fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts the budget.

Section 10.8. Appropriations.

A. Adoption of the budget by Council shall constitute appropriations of the amounts specified therein for expenditure from the funds indicated.

B. The proceeds of any municipal borrowing shall not be subject to any requirement of prior budgeting or appropriation as a condition of their expenditures.

C. The amount necessary to repay any such municipal borrowing, including interest, need not be budgeted or appropriated in full in the year in which the borrowing occurs; however, such amounts necessary to pay debt service shall be budgeted and appropriated on an annual basis, provided that no failure to budget and appropriate such annual debt service amounts shall affect the enforceability of any covenant of the City to make such payments.

Section 10.9. Property Tax Levy.

The Council shall cause the property tax to be certified to the county for collection as required by law.

Section 10.10. Public Records.

Copies of the budget and the capital program as adopted shall be public records and shall be available to the public.

Section 10.11. Contingencies.

A. The budget may include an item for contingencies.

B. Expenditures shall not be charged directly to contingencies except if there is no logical account to which such expenditures may be charged.

Section 10.12. Amendments After Adoption.

A. Supplemental Appropriations: If during the fiscal year the City Manager certifies to Council that there are revenues available for appropriation in excess of those estimated in the budget, the Council may by ordinance make supplemental appropriations for the year not to exceed the amount of such excess, provided that such additional spending is not in conflict with the Colorado Constitution.

B. Emergency Appropriations: To meet a public emergency affecting life, health, property or the public good or peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance . To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes.

C. Reduction of Appropriations: If during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, it shall be reported to the Council without delay, indicating the estimated amount of deficit, any remedial action taken and recommendations as to any other steps to be taken. The Council shall take such further action it deems necessary to prevent any deficit and for that purpose it may by ordinance reduce one or more appropriations.

D. Transfer of Appropriations: The City Council, by ordinance, may authorize a maximum amount which the City Manager may transfer from any unused balance of any general fund appropriation or portion thereof from one (1) department or other spending unit to another. Except as otherwise provided in this Charter, the transfer of monies from one (1) fund to another shall only be made by ordinance amending the budget as adopted.

E. Reports: Monthly, or as often as required by Council, the City Manager shall submit to the Council data showing the relation between the estimated and actual revenues and expenditures to date.

F. Administrative Fiscal Responsibilities: Each department head or department manager shall have the responsibility to advise the City Manager, who shall then advise the Council, of any financial irregularities in the department.

G. Limitation, Effective Date: No appropriation for debt service may be reduced or transferred. No appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental appropriations, emergency appropriations, and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption.

Section 10.13. Payments and Obligations Provided.

During the fiscal year no City official, employee, or spending agency shall expend any money, incur any liability, or enter into any contract which, by its terms, involves the expenditures of money in excess of the amounts appropriated. Any contract or financial obligation, verbal or written, made in violation of this Section, shall be void and no monies belonging to the City shall be paid on such contract or financial obligation.

Section 10.14. Multiple Year Obligations.

Nothing in this Article 10 shall prevent the City from entering into multiple fiscal year contracts or financial obligations in the manner provided by law.

Section 10.15. Enterprises.

The Council may adopt ordinances or resolutions providing for the establishment and operation of municipal enterprises.

Section 10.16. Independent Audit.

The Council shall provide for an independent annual audit of all City accounts by a certified public accountant selected by the Council and may provide for more frequent audits, as it deems necessary. The accountant selected shall have no direct personal interest in the fiscal affairs of the City, of any member of the Council, or of any other officer of the City. Unless another date is provided by ordinance, the audit shall be completed within six (6) months after the close of the fiscal year. Copies of the audit shall be available for public inspection or review.

ARTICLE 11

MUNICIPAL BORROWING AND PAYMENT OBLIGATIONS

Section 11.1. Forms of Borrowing and Obligations.

The City may borrow money and issue securities or enter into other obligations to evidence such borrowing and may otherwise incur payment obligations in such form and manner as the Council determines to be advantageous to the City.

Section 11.2. Short-Term Securities and Obligations.

The Council may, by ordinance and without any election, borrow money, and may, without any election, otherwise incur payment obligations in anticipation of the collection of taxes or other revenues in the same fiscal year. The Council may issue short-term securities or otherwise evidence the amount so borrowed or the payment obligation so incurred. Short-term securities may be secured in any manner determined by the Council, including a pledge of the full faith and credit of the City. Any such short-term securities or obligations shall mature or become payable on or before the end of the same fiscal year.

Section 11.3. General Obligation Securities and Obligations.

A. Except as otherwise provided in this Charter, no securities or other payment obligations, which the City is obligated to pay in whole or in part from the proceeds of general ad valorem property taxes, shall be issued or otherwise incurred until the question of their issuance has been approved by a majority of the registered electors voting thereon at an election.

B. Paragraph A. of this Section shall not apply to any securities issued or other payment obligations incurred for the purpose of acquiring, constructing, improving, or extending any municipal utility system or for the purpose of acquiring water or rights thereto, nor shall it apply to other long-term payment obligations or contracts for municipal utility system properties, services or operations.

Section 11.4. Revenue Securities and Obligations.

The Council may, by ordinance and without any election, issue securities, and may, without any election, otherwise incur payment obligations for any public purpose payable in whole or in part from any source of revenues other than general ad valorem property taxes.

Section 11.5. Refunding Securities.

A. The Council may, by ordinance and without any election, issue securities for the purpose of refunding outstanding securities or other payment obligations to accomplish any refunding purpose determined by the Council to be advantageous to the City. Any refunding securities which are revenue securities may be payable in whole or in part from any source of revenue or any combination of sources of revenues other than general ad valorem property taxes.

B. Refunding securities may be issued in such principal amount and otherwise on such terms as the Council may determine to be necessary or appropriate to accomplish the refunding purpose.

Section 11.6. Limitations.

Subject to the applicable legal requirements of voter approval of debt and except as provided in this Charter, there shall be no limitation on the total amounts or other terms of securities the City may issue or on the incurring of other debts or payment obligations by the City.

Section 11.7. Sale of Securities.

All securities issued pursuant to this Charter shall be sold in such manner and pursuant to such terms as determined by the Council to be to the best advantage of the City.

Section 11.8. Other Contracts and Agreements.

The City may, without any election, enter into lease-purchase and installment-purchase agreements, construction contracts, contracts for the purchase, installation or acquisition of any real or personal property for public purposes and any executory contracts or agreements and may, without any election, commit to pay such obligations in whole or in part from the proceeds of general ad valorem property taxes. The Council may pledge the full faith and credit and the general taxing power of the City to the payment of its obligations under any such agreement and may enter into such covenants

regarding the rights of the lessor-vendor in the property upon default, as the Council may deem necessary or appropriate.

Section 11.9. Limitation of Actions.

A. No action of any nature whatsoever against any act, proceeding, or election of the City pursuant to this Article 11 shall be maintained unless commenced within thirty (30) days after the election or performance of the act or proceeding or effective date of any ordinance or resolution complained of to:

1. Question the validity or enforceability of or enjoin the performance

of any act;

2. Question the validity or enforceability of or enjoin the issuance or payment of any securities;

3. Question the validity or enforceability of or enjoin the incurring of any other payment obligation;

4. Question the validity or enforceability of or enjoin the imposition or collection of any taxes, fees or charges; or

5. Obtain any other review of or relief against any act, proceeding or election of the City pursuant to this Article 11.

B. Any action not commenced within the time limits provided in paragraph A. of this Section shall be thereafter perpetually barred.

C. The limitations of this Section shall be in addition to any limitations or restrictions provided by ordinance.

ARTICLE 12

MUNICIPAL TAXATION AND FEES

A. The City Council shall have the authority to adopt and levy, by ordinance, all taxes which are not prohibited for home rule municipalities by the Colorado Constitution, subject to any applicable limitations in said Constitution. Prior to the institution of any new tax or tax increase, the Council shall comply with applicable voter approval requirements in the Colorado Constitution.

B. The City Council shall have the authority to enact, establish and enforce, by ordinance and resolution, the imposition of fees for all municipal and/or public services, facilities and improvements and fees for impacts upon such municipal and/or public services, facilities and improvements it deems in the best interests of the City, subject to applicable laws related thereto.

ARTICLE 13

MUNICIPAL INVESTMENTS

The Council may, by ordinance or resolution, initiate and adopt policies for municipal investments as long as such policies comply with the following conditions:

A. Such polices are subject to any applicable limitations in the Colorado Constitution; and

B. Such policies are determined by Council to be in the best interest of the City.

ARTICLE 14

CITY UTILITIES

Section 14.1. Authority and Powers.

The City shall have and exercise all the authority and powers provided by the Colorado Constitution, State statutes and other applicable laws in any matter pertaining to City utilities, including without limitation, water and water rights and acquisition thereof, sewer and drainage and bonded indebtedness in connection therewith.

Section 14.2. Utility Rates and Finances.

A. The Council may from time to time by resolution fix, establish, maintain and provide for the collection of rates, fees and charges for water, sewer, storm water and drainage and all other utilities and services furnished by the City.

B. Such rates, fees and charges may be sufficient in the Council’s judgment to provide services to the customers, pay all bonded indebtedness, pay legally required refunds, cover the cost of operations, maintenance, additions, extensions, betterments, and improvements, provide a reasonable return on the City’s investment in utility properties and capital investments, including by illustration only, reimbursement to the City for the utilities’ use of the City’s rights-of-way and reimburse the general fund for administrative services and overhead provided and incurred by the City on behalf of all utilities and any other consideration reasonably determined by the City Council to be in

the best interest of the City, as allowed by the Colorado Constitution and other applicable laws.

Section 14.3. Separate Utility Accounting.

A. All monies derived from City utilities shall be accounted for separately from other monies of the City.

B. Any loan of money derived from City utilities to any other City utility, or to any other City fund, shall be approved by ordinance.

ARTICLE 15

FRANCHISES AND PERMITS

Section 15.1. Franchises.

All franchises in effect upon enactment of the Charter shall remain in full force and effect in accordance with their respective terms and conditions and the applicable laws.

Section 15.2. Granting of Franchises.

Any franchise and all renewals, extensions or amendments thereof shall be granted only by ordinance.

Section 15.3. Terms of Franchises.

Every grant of a franchise shall specify its duration, terms, fees, compensation, conditions, record keeping and other provisions and requirements as reasonably determined by City Council.

Section 15.4. Revocable Permits or Licenses.

The City may grant a permit or license at any time for the temporary use or occupation of any street, alley, other public way, or City-owned place. Any such permit or license shall be revocable by the City at any time and without cause, whether or not such right to revoke is expressly reserved in the permit, license or agreement.

ARTICLE 16

IMPROVEMENT DISTRICTS

The Council, subject to applicable legal restrictions and/or requirements, shall have authority to create, by ordinance, improvement districts within the City.

ARTICLE 17

BOARDS AND COMMISSIONS

Section 17.1. Existing Boards and Commissions.

Each board and commission existing at the time this Charter is adopted shall continue, except as otherwise provided by ordinance. The City Council may, by ordinance, establish, consolidate or abolish any board or commission.

Section 17.2. Boards and Commissions – General.

A. The Council may, by ordinance, provide that boards and commissions shall be advisory in character. The selection, term, responsibilities and policies concerning each board and commission shall be as established by ordinance.

B. The appointment or removal of any board or commission member who is required by ordinance to be appointed by the City Council shall require the affirmative vote of a majority of the entire Council. A member appointed by the City Council shall serve at the pleasure of Council.

ARTICLE 18

GENERAL LEGAL PROVISIONS

Section 18.1. Interpretation.

A. Except as otherwise specifically provided in or indicated by the context,

all words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made in this Charter.

B. Except as otherwise specifically provided in or indicated by the context, the singular number shall include the plural, the plural shall include the singular, and the

word “person” may extend and be applied to bodies politic and corporate, partnerships, individuals and other public or private entities.

Section 18.2. Severability of Charter Provisions.

If any part of this Charter or the application of any part of this Charter to any person or circumstance is found to be invalid, such invalidity shall not affect the validity of any remaining part of this Charter, and to this end this Charter is declared to be severable.

Section 18.3. Bonding.

Before permitting any City official or employee to perform any function or duty involving the handling of City funds, the Council shall require, by ordinance, that such

person shall obtain a fidelity bond or insurance coverage in an amount prescribed by Council, the cost of which shall be paid by the City.

Section 18.4. Bequests, Gifts and Donations.

Except as otherwise provided in this Charter, the City may receive bequests, gifts, and donations of all kinds of property with power to manage, sell, lease, or otherwise dispose or provide for the disposition of same.

Section 18.5. Saturdays, Sundays and Holidays.

If the last day of any period required to be computed under this Charter is a Saturday, Sunday, City, state or national holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or holiday.

Section 18.6. Penalty for Violation of Charter.

Any willful violation of a provision of this Charter shall be deemed a misdemeanor and may be prosecuted in the Municipal Court. Any person convicted of such a violation may be punished by imprisonment for a term not to exceed the maximum term of imprisonment that the Municipal Court is authorized to impose, by a fine in an amount not to exceed the maximum fine that the Municipal Court is authorized to impose, or by both such fine and imprisonment.

Section 18.7. Intergovernmental Agreements.

The Council may, by resolution or by ordinance, enter into contracts or agreements with public and/or governmental units, agencies, boards and commissions, persons and entities for the use of properties, improvements, buildings, equipment, or facilities, and for furnishing or receiving commodities or services and for all other legal purposes.

Section 18.8. Competitive Bidding.

Purchases of or contracts for supplies, services, materials, equipment or improvements shall be made under such requirements regarding competitive bidding as shall be prescribed by ordinance.

Section 18.9. Emergency Acquisitions.

In case of an emergency affecting the public peace, well-being, health, or safety, the Council may waive all provisions for competitive bidding and direct the City Manager, acting as purchasing agent for the City, to purchase, use, acquire and/or lease equipment, goods, supplies, services and materials.

ARTICLE 19

TRANSITIONAL PROVISIONS

Section 19.1. Effective Date of Charter.

This Charter shall become effective immediately upon filing and recording with the Secretary of State of Colorado following approval of the registered electors of the City.

Section 19.2. Prior City Legislation.

All ordinances, resolutions, rules, regulations, policies and procedures of the City which are not inconsistent with this Charter and which are in full force and effect on the

effective date of this Charter shall continue in full force and effect until repealed or amended. Any provision of any ordinances, resolutions, rules or regulations, policies and procedures which are inconsistent with this Charter is hereby repealed.

Section 19.3. Continuation of Appointed Officers and Employees.

Except as otherwise provided herein, after the effective date of this Charter, all appointed officers and all employees of the City shall continue in that City office or employment, which corresponds to the City office or employment which they held prior to the effective date of this Charter as though they had been appointed or employed in the manner provided in this Charter. They shall, in all respects, be subject to the provisions of this Charter, except that any officer or employee who holds a position which this Charter provides be held at the pleasure of the appointing officer or body, shall hold such position only at such pleasure regardless of the term for which originally appointed.

Section 19.4. Continuation of Terms of Office – Mayor, Councilmembers, City

Clerk, City Treasurer and Board and Commission Members.

Notwithstanding any other provision of this Charter, the terms of office of the Mayor, each Councilmember, the City Clerk, the City Treasurer and of the members of each City board and commission, serving prior to the effective date of this Charter, shall continue.

Section 19.5. Saving Clause.

Neither the adoption of this Charter nor the amendment or repeal of any ordinance, resolution, rule, regulation, policy or procedure, or portion thereof, inconsistent with this Charter, shall be construed to destroy any property right, contract right or right of action of any nature or kind, civil or criminal, vested in or against the City by virtue of any such ordinance, resolution, rule, or regulation, policy or procedure, or portion thereof, or any other provision of law theretofore existing or otherwise accruing to the City. All such rights shall vest in and inure to the City or to any persons asserting any such claims against the City as fully and as completely as though this Charter had not been adopted and as though there had been no amendment or repeal of

any ordinance, resolution, rule, regulation, policy, contract or procedure, or portion thereof. Such rights shall include but not be limited to:

a. Any contractual relationships between the City and any employee

by virtue of any retirement and pension plans in effect on the effective date of this Charter; and

b. Any franchise ordinances and agreements of the City in effect on

the effective date of this Charter; and

c. Any contracts between the City and any person, company,

individual, entity, government or corporation.

ARTICLE 20

DEFINITIONS

The following definitions shall apply as used in this Charter:

1. “Abuse of public office” means any violation of State statutes relating to public trust or public funds classified as a felony or a misdemeanor, and any violation described in State statutes which is classified as a felony.

2. “Ad valorem tax” means only the general property tax levied annually on

taxable real or personal property listed with the assessor of Arapahoe County, Colorado.

3. “Appropriation” means the authorized amount of monetary funds

designated for an expenditure during a specified time for a specified purpose, usually as an appropriation of funds in the City budget or amendment thereto.

4. “Board or Commission” or “Board and Commission” means the

boards and commissions established by this Charter or ordinances.

5. “City” means the City of Sheridan, Colorado.

6. “Clerk” means the City Clerk of the City of Sheridan or

such office designation as may be used in place of the office of City Clerk.

7. “Collaboratively” means working together.

8. “Council” or “City Council” means the governing body constituting the

City Council of the City, including the Mayor.

9. “Councilmember” means each member of the City Council, except the

Mayor.

10. “Descriptive title” means that the title of an ordinance shall contain a reasonable description of the contents of the ordinance.

11. “Elected Official” means the Mayor and each Councilmember, whether elected or appointed.

12. “Emergency ordinance” means an ordinance which, in the opinion of the

City Council is necessary for the immediate preservation of the public property, health, welfare, peace or safety.

13. “Employee” means each compensated person in the service of the City

who is designated as an employee in the personnel code or applicable rules and regulations of the City.

14. “Entire Council” means all of the members of the Council, including the

Mayor, provided for in Article 2.

15 “Franchise” means a right conferred by the City (such as to a public utility) to use public property for public use but for private profit.

16. “General applicability” means those ordinances which apply to the City as a whole, such as by illustration only, traffic control laws, general offenses, zoning classifications and building codes. It does not apply to ordinances such as by illustration only, zoning or rezoning of specific parcels of land, annexation of specific properties and employee pay plans.

17. “General election” or “Statewide general election” means the statewide

election held on the Tuesday succeeding the first Monday of November in each even-numbered year.

18. “In-camera” means in the judge’s private chambers or in the courtroom with all spectators and public excluded.

19. “Initiative” means the power of the registered electors of the City of

Sheridan to propose to City Council, in accordance with the provisions of this Charter, certain ordinances for adoption by City Council which, if not adopted by Council, shall be submitted to a vote of the registered electors of the City for acceptance or rejection, in accordance with the provisions of this Charter.

20. “Manager” means the City Manager of the City of Sheridan

appointed by City Council.

21 “Mayor” means the Mayor of the City.

22 “Newspaper” means a newspaper of general circulation in the City which

meets the requirements for a legal newspaper as established in the State statutes.

23. “Notice” means that notice may be provided to the public as prescribed by this Charter and/or by ordinance by all means and methods of communication.

24. “Officer” means the Mayor and each Councilmember.

25. “Ordinance” means a permanent law or regulation adopted by legislative

action of the City Council pursuant to the procedures set forth in this Charter or by ordinances.

26. “Publication or Posting” means:

A. Publication in a newspaper of general circulation; or

B. Publication by electronic means and methods; or

C. In the event of an emergency, or when no such newspaper is available, posting. Anything published by such posting because of an emergency shall subsequently be published in a newspaper of general circulation or published electronically; or

D Posting shall be effected by providing written or printed notice in various locations throughout the City as provided by ordinance.

27 “Referendum” means the power of the registered electors of the City of

Sheridan to request that City Council reconsider certain ordinances adopted by the Council as provided in this Charter; and, if Council fails to repeal such ordinances, to require that Council submit the referred ordinances to a vote of the registered electors of the City for approval or rejection, in accordance with the provisions of this Charter.

28. “Registered Elector” means an elector who has registered in compliance

with the provisions for registration to vote as provided in the State statutes.

29. “Regular Election” or “Regular Municipal Election” means a City

election held pursuant to Article 5.

30. “Resolution” means an expression of an administrative or a ministerial

act of Council without any required form or procedure, as distinguished from legislative acts embodied in City ordinances.

31. “Special Election” or “ Special City Election” means a City election

held at a time other than a regular election.

32. “State Constitution” or “Colorado Constitution” means the

Constitution of the State of Colorado, as amended from time to time.

33. “State statutes” means the statutes of the State of Colorado, as amended

or repealed from time to time and also referred to as the “Colorado Revised Statutes” or “C.R.S.”.

34. “Treasurer” means the City Treasurer of Sheridan or such office

designation as may be used in place of the office of Treasurer.

35. “United States Constitution” means the Constitution of the United States

of America, as amended from time to time.