(a) When existing. A vacancy in the office of a council member shall exist when a council member dies, resigns, moves from the city, fails to attend four (4) consecutive regular meetings of the council, unless excused by the council, is convicted of a felony, or is judicially declared incompetent, as defined by law.

(b) Procedures. Upon the occurrence of a vacancy in the office of a council member, the city council shall have forty-five (45) days from the date of said vacancy to appoint a qualified person to fill such vacancy until the next general municipal election, at which time a person shall be elected to fill the unexpired term of the council seat vacated, subject to the provisions of this Charter as to recall. Such appointment shall be made at a regularly scheduled meeting of the city council, unless the council shall, as provided by this Charter, call a special session for the purpose of making said appointment. All appointments shall be approved upon a majority vote of the city council as then constituted. Should the council fail to fill said vacancy within the forty-five (45) days provided by this Charter, then a special election shall be held not less than thirty (30) nor more than ninety (90) days from the failure of the council to fill said vacancy.

(c) Loss of quorum. If three (3) or more council vacancies exist, the election commission shall call a special election within thirty (30) days, provided that a general municipal election will not occur within ninety (90) days.

(a) Meetings. The council shall prescribe by ordinance the time and place of all regular council meetings, but there shall be at least two (2) council meetings per month. Special meetings may be held on the call of the mayor or of three (3) or more members of the council, and whenever practical, upon no less than twenty-four (24) hours' notice to each member.

(b) All meetings of the city council should be open to the public, provided that the council may recess for the purpose of discussing in a closed session the following matters:

(a) Adopt or amend an administrative code or establish, alter or abolish any city department, office or agency;

(b) Provide for a fine or other penalty or establish a rule or regulation, the violation of which a fine or other penalty is imposed;

(c) Levy taxes;

(d) Convey or lease or authorize the conveyance or lease of any real property of the city.

(a) Any person may present a proposed ordinance to the city council. Upon presentation, a member of the city council may introduce a proposed ordinance or request a public hearing date be set concerning the subject matter of a proposed ordinance;

(b) Upon introduction of a proposed ordinance or a request for a public hearing concerning the subject matter of a proposed ordinance, the city council shall set a date for a public hearing;

(c) Thereafter, the city clerk shall publish a notice of such public hearing, setting forth the time and place of the public hearing, and indicating to the public the subject matter of the proposed ordinance. If the proposed ordinance has been submitted to the council prior to the time that the council sets the public hearing, then the public notice shall also state that copies of the proposed ordinance are available for inspection at the office of the city clerk, and the city clerk shall, at the time of publication, or prior thereto, distribute a copy to each council member and to the city manager, and file a reasonable number of copies in the office of the city clerk, and such other public places as the council may designate;

(d) All interested persons shall have an opportunity to be heard at the public hearing. After the public hearing, the proposed ordinance shall be read, by title only, at a regularly scheduled meeting of the council, unless a member of the council requests that the ordinance be read in full, in which event the full text of the ordinance shall be read. The first reading may occur at the same meeting in which the public hearing is held, if the council so desires;

(e) If the proposed ordinance is approved after its first reading by a majority of those council members present, it shall thereafter be published in full;

(f) At the next regularly scheduled meeting of the city council following publication of the proposed ordinance, the ordinance shall be read a second time, by title only;

(g) If approved by a majority of the members of the entire council as then constituted, upon second reading, the ordinance shall thereafter be published by title only, which publication shall constitute final publication;

(h) Unless the council shall designate a longer period of time, all ordinances shall become effective ten (10) days after final publication;

(i) All ordinances which are the subject of an election shall, if approved by a majority of those voting, become effective upon such approval and the procedures of this section shall not apply;

(j) All ordinances authorizing issuance of any bonds or securities may be introduced and finally adopted at one (1) regular city council meeting, without adherence to the other provisions of this article.

(a) Not less than thirty (30) days prior to the date that the evaluation shall occur, the city council shall publish notice, as otherwise provided in this Charter, to the public, inviting comment on the performance of the city manager.

(b) At the time of publication of the notice, the form to be used by the city council in evaluating the city manager shall be made available to the public.

(c) The actual contents of the evaluation of the city manager shall not be made public.

(d) The decision of the council, after reviewing the evaluation of the city manager, shall be announced at a regular council meeting.

The city council may, by ordinance, create or abolish departments, offices or agencies, in addition to those created by this Charter, and may prescribe their functions.

(a) Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.

(b) Personnel rules. The city manager shall prescribe personnel rules to the council. The council shall, by resolution, adopt the proposed rules, subject to the right to make necessary amendments. These rules shall provide for the following:

There shall be a legal officer of the city, appointed by the city council, who shall serve at the pleasure of the city council, as chief legal adviser to the council, the city manager and all city departments, offices and agencies, and shall represent the city in all legal proceedings and perform any other duties prescribed by this Charter or by ordinance. Compensation of the legal officer shall be fixed by the city council.

The city council shall appoint a municipal judge who shall be an attorney licensed to practice law in the State of Colorado. The appointment shall be for a term of two (2) years and until a successor is appointed and qualified, subject to the authority of the council to remove the judge for good cause shown. The following shall constitute good cause for such removal:

The compensation of the municipal judge shall be set by the council, and the jurisdiction of the municipal court shall be fixed by ordinance.

The city manager shall appoint a city clerk, who shall be custodian of the seal of the city, and who shall keep a journal of council proceedings and record in full of all ordinances, motions and resolutions. The city clerk shall have power to administer oaths and take acknowledgements under seal of the city, and shall perform such other duties as required by this Charter, the city council, or the city manager.

The fiscal year of the City of Durango and all its agencies shall be determined by the city council by ordinance.

The city manager shall direct the preparation of the annual budget, and submit the annual budget to the city council in a timely manner.

The proposed budget for the ensuing year shall contain:

The proposed budget shall also include:

A public hearing on the proposed budget shall be held before its final adoption. Notice of such public hearing shall be announced at least two (2) weeks prior to such hearing. Publication shall be made as otherwise provided in this Charter. The complete proposed budget shall be on file for public inspection in the city offices, for a period of not less than two (2) weeks prior to the date of such hearing, and available for purchase by the public, at actual cost.

The city council shall adopt the final budget in a timely manner prior to the start of the ensuing budget year, and pass the necessary appropriation ordinance.

The city council shall certify to the authorized taxing authority the proper number of mills on each dollar of assessed valuation of all taxable property within the corporate limits of the city, as may be necessary to raise the ad valorem requirements of the adopted budget. Such certification shall be done by the city council in a timely manner, or as required by the taxing authority.

If the city council fails to act in a timely manner to adopt the annual budget, the appropriation ordinance, or to certify the tax levy, as required by this Charter, the amounts last fixed shall be the amounts for the ensuing year. These amounts will be in effect until the city council takes additional action.

The city manager may transfer any unencumbered appropriation balance or portion thereof from one classification or expenditure to another within the same department, office or agency. At the request of the city manager, the city council may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one department, office or agency to another.

The council may make additional appropriations by resolution during the budget year for unanticipated expenditures required by the city, but not in excess of the amount that actual revenues exceed budgeted revenues and unappropriated surplus, unless the appropriation is necessary to relieve an emergency endangering the public health, peace and safety. Should such emergency exist, the council must, by appropriate resolution, find that an additional appropriation is necessary to relieve an emergency endangering the public health, peace and safety.

The city council may, by ordinance, provide for sinking or reserve funds for all forms of debt service, future improvements or other projects. Such funds are to be held in trust for each specified purpose.

The city manager shall direct and administer a proper system of accounts and records which shall conform with current generally accepted governmental accounting principles. The system of accounts and records shall provide for the following:

The accounting system shall incorporate a proper system of internal control and provide for the minimum safeguards in accounting controls.

An independent audit shall be made annually of all city accounting records by a certified public accountant, licensed to practice in the State of Colorado. The accountant shall not be an employee of the City of Durango. The city council shall select the accountant and may call for more frequent or special audits if deemed necessary. Such audits shall be available for public inspection, and for ensuing year budget preparation.

The city manager shall direct a central purchasing operation which shall be responsible for the procurement of goods and services for all departments, offices and agencies. The procedures utilized by the purchasing department shall comply with standards normally used in municipal and governmental entities, provided, however, that nothing contained herein shall be construed as limiting the power of the City of Durango from entering into a joint purchasing agreement with any governmental entity.

The city council shall designate depositories for city funds and provide for security for such deposits.

Cash in any city fund not needed for current operations may be invested in any manner that is then permitted by the statutes of Colorado. Such investments shall take into account the time when the cash will be needed for its intended purpose.

The city may borrow money and issue securities in evidence thereof, as follows:

The city may, be resolution of the city council, without an election, issue short term notes maturing within twelve (12) months of the date of their issuance. Such notes are not indebtedness within the limitations of sections 20 and 21.

No bonds or other evidence of indebtedness payable in whole or in part from general revenues, or to which the full faith and credit of the city are pledged, shall be issued until the question of their issuance shall be submitted to a vote of the registered electors at a special or general municipal election and approved by a majority of those voting. For purposes of this section, "general revenues" shall be defined to include but not be limited to: ad valorem taxes, sales and use taxes, and charges of any nature to users or future users of the water or sewer systems. Other sources of revenue shall be considered "general revenues" if said revenues are not specifically discussed in other sections of this article. This section is not to be construed to require an election prior to issuing specific bonds if the Constitution of the State of Colorado has not delegated the power to home rule cities to decide whether or not such an election should be required.

(Charter Amend. of April, 1987)

The aggregate amount of bonds or other forms of indebtedness payable in whole or in part from the proceeds of ad valorem taxes, or to which the full faith and credit of the city are pledged (excluding such debt relating to water and excluding securities issued under section 23) shall not exceed ten (10) percent of the assessed valuation of the taxable property within the city, as shown in the most recent assessment for city purposes.

The city may, by ordinance of the city council, without an election and without adherence to the limitations of section 21, issue securities made payable solely from revenues derived from the operation of the project or capital improvement acquired or bettered with the securities' proceeds.

(Charter Amend. of April, 1987)

The city may, by ordinance of the city council, contract for or construct local or special improvements within specified districts of the city, and determine the methods of specially assessing the cost of such improvements, unless the owners of a majority of the property of such district oppose the project, or alternatively, if council so provides by procedural ordinance, a majority of the owners of property in an assessment unit oppose the project to be constructed in such unit. In connection with local improvement bonds payable from special assessments to be levied in such districts, the city may provide a special surplus and deficiency fund. Such fund shall be maintained to provide separate accounting for any surplus or deficiency after the bonds for a district are completely paid. Any surplus may be applied to any other local improvement bonds or may be returned to the general fund when no other improvement bonds are outstanding. In addition, the city council may provide for additional security by an annual tax levy on all taxable property of the city of no more than three (3) mills, or in lieu of such a tax levy may annually transfer to such special fund any available money of the city. The city may also pay out of such funds or the general fund the balance of any local improvement bonds that have been retired, to the extent of eighty (80) percent, in order for the remaining bonds to be retired as due. The city shall reimburse itself by collecting any unpaid assessments due in connection with a district. Local improvement bonds (as well as any other securities of the city) may be sold at public or private sale.

The city may, by ordinance, issue securities for the purpose of refunding outstanding securities as the same mature or in advance of maturity (but without impairing then outstanding contractual rights) by means of escrow or otherwise; and it shall be the duty of council to authorize such refunding securities whenever it determines it to the best advantage of the city to do so. If the refunding securities are made payable in whole or in part from the proceeds of ad valorem taxes, or if they constitute a pledge of the full faith and credit of the city, the refunding securities shall not be issued unless they are first submitted to a vote in conformity with section 20, except that no such election shall be necessary as a condition precedent to the issuance of securities to refund general obligations originally issued with voter approval, water securities or local improvement securities. General obligation refunding securities (except water debt) shall be included in any debt limitation determination made pursuant to section 21, but the securities so refunded shall not be included in such determination.

The city council may, by ordinance, enter into long-term rental or leasehold agreements and may provide for payment thereof by general appropriation levy, by imposition of usage fees on such rental or leasehold property, or a combination of both general appropriation levy and imposition of usage fees. The obligation to pay such rental or leasehold costs shall not be construed to be a part of this Charter's limitation on indebtedness.

ARTICLE VI. ELECTIONS

City elections shall be governed by the Colorado Municipal Election Law as now existing or hereafter amended or modified, except as otherwise provided in this Charter, or as the council may prescribe by ordinance.

An election commission is hereby created consisting of the city clerk who shall be the chairman, and two (2) qualified and registered electors of the City of Durango, who, during their term of office, shall not be city officers or employees or candidates or nominees for elective city office. These two (2) members shall be appointed by the council at the first meeting of the council in the month of September following a general city election for a term of two (2) years and they shall serve without compensation.

The election commission shall establish precincts and appoint the election judges and clerks for each precinct provided by the Colorado Municipal Election Law, and shall have charge of all other activities and perform all other duties required of it by law or this Charter. The election commission shall have the power to adopt reasonable rules and regulations not in conflict with the Constitution of the State of Colorado, this Charter, and ordinances of the City of Durango. In the event of a tie vote on the election of any city office, the election commission shall determine by lot the person or persons who shall be elected. No member of the election commission shall serve as a municipal election judge or clerk.

A general municipal election shall be held on the first Tuesday of April 1979, and on the first Tuesday of April of every second year thereafter.

All special and regular elections shall be nonpartisan. No candidate for city council shall run under any party label.

ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL

(Ord. No. 1993-2, § 5, 2-16-93)

Any proposed ordinance or referendum ordinance may be submitted to the council by petition, signed by the registered electors of the city equal to the number required herein, provided that such power of initiative or referendum shall not extend to the budget or capital program, or to any ordinance relating to the appropriation of money, authorizing the issuance of bonds, the levy of special assessments, or salaries of city officers and employees.

(Ord. No. 1993-2, § 5, 2-16-93)

Any council member may be recalled after holding office for six (6) months.

Any group of five (5) or more registered electors of the city may commence initiative, referendum or recall proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioner's committee, and be responsible for circulating the petitions, and filing them in proper form, and further, stating their names and address and specifying the address to which all notices to the committee are to be sent. Petitions shall only be circulated by members of the petitioner's committee and the affidavits required under section 6(b) of this Article VII shall only be signed by members of the petitioner's committee.

(Ord. No. 1993-2, § 5, 2-16-93; Ord. No. 1997-4, § 1, 2-18-97)

Upon the filing of the necessary affidavits by the petitioners' committee, the clerk shall prepare the appropriate petition blanks for the initiative, referendum or recall, and shall further designate the number of signatures necessary for each such proceeding.

After obtaining the necessary signatures, the petitions shall be returned to the clerk not more than thirty (30) days after their issuance by the clerk. With respect to each proceeding authorized by this article, the petitions shall be sufficient when submitted as follows:

(Ord. No. 1993-2, § 5, 2-16-93; Ord. No. 1997-4, § 2, 2-18-97)

The clerk shall, within ten (10) days from the filing of any petition under this article, ascertain whether the petition is signed by the requisite number of registered electors, and if sufficient, shall attach thereto a certificate of sufficiency, showing the results of such examination. If the petition is insufficient, the city clerk shall forthwith, in writing, notify the petitioners' committee at the address designated by the petitioners' committee. The petition may then be amended within ten (10) days from the filing of the certificate of insufficiency. Upon the filing of the amended petition, the city clerk shall, within five (5) days, make examination of the amended petition, and shall attach thereto a certificate of the result. If still insufficient, the city clerk shall notify the petitioners' committee of the insufficiency of the petitions and the proceedings shall terminate. The petitions shall be retained by the city clerk for a period of one (1) year and shall then be destroyed. The termination of any proceeding under this article due to insufficient petitions shall preclude the initiation of any proceedings pertaining to the same subject matter or same council member for one (1) year.

(Ord. No. 1993-2, § 5, 2-16-93)

If the petitions are certified as sufficient by the city clerk, the city clerk shall, at the next regularly scheduled meeting of the city council, present the petitions to the council, and the council shall act as follows:

(Ord. No. 1993-2, § 5, 2-16-93; Ord. No. 997-4, § 3, 2-18-97)

With respect to the proceedings authorized under this article, the publication and form of ballot shall be as follows:

If a majority of the registered electors voting thereon vote in favor of an initiative, the proposed ordinance shall become effective upon such approval as provided in section 13 of article II of this Charter. If a majority of the registered electors voting thereupon vote in favor of a referendum, the ordinance which was the subject matter of the same shall be repealed. If the referendum shall be rejected by the voters, such ordinance shall immediately go into effect. In the event that the majority of the persons voting on the question of recall approve the recall of the council member, or members, the office or offices shall be declared vacant immediately, and such vacancy shall be filled as otherwise provided in article II of this Charter. The completion of any proceeding under this article shall preclude the initiation of any subsequent proceedings pertaining to the same subject matter or same council member for one (1) year.

(Ord. No. 1993-2, §§ 2, 5, 2-16-93)

The city council shall have the power to submit to the vote of the people any proposed ordinance or referendum.

The election commission shall make such additional rules and regulations as are necessary to implement the procedures of this article.

The council may, by ordinance, adopt land use and development regulations, including, but not limited to, an official map and zoning and subdivision regulations.

The comprehensive plan shall include a capital improvements program for a period of no less than three (3) years. The capital improvements program shall include:

All proposed annexations shall be in compliance with the comprehensive plan.

The city council shall review the comprehensive plan annually.

The city council may establish a city planning department or enter into cooperative agreements with other governmental entities, or engage private planning organizations to assist in the foregoing, and shall have the power to enter into those agreements which are necessary to effectuate the purpose of the comprehensive plan.

The council shall, by ordinance, establish a board of adjustment and shall provide standards and procedures for such board to hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the council or by law.

No franchise relating to any street, alley or public place of the city shall be granted, except upon the vote of the registered tax paying electors, and the question of its being granted shall be submitted to such vote, upon deposit with the treasurer of the expenses (to be determined by such treasurer) of such submission by the applicant for such franchise. The proposed ordinance, granting such franchise, right or privilege, shall be publicized as provided by this Charter. Publication shall occur not more than twenty (20) and not less than ten (10) days prior to the election thereon.

(Ord. No. 1993-2, § 5, 2-16-93)

Every grant of a franchise or right for public utility within the city shall provide that the city may, upon payment thereof of its fair valuation, and in the manner to be specifically set forth in the ordinance granting such franchise, at its option, purchase and take over the property and plant of the grantee.

No extension or enlargement of any such franchise or grant or rights, or powers previously granted, to any corporation, person or association shall be made, except in the manner and subject to all of the conditions herein provided in this article, for the making of original grants and franchises.

The grant of every franchise or privilege shall be subject to the right of the city, whether in terms reserved or not, to make all regulations which may be necessary to secure, in the most ample manner, the safety, welfare, and accommodation of the public, and to protect the public from danger or inconvenience in the operation of any work or business, authorized by the granting of a franchise, and the council shall have the power, by ordinance, to make such further provisions as may be necessary or proper to carry into effect this article.

Except as otherwise provided by this Charter, the form of government existing in the City of Durango at the time of the adoption of this Charter shall continue unaltered, and all officers and other persons in the service of the city at the time this Charter takes effect shall continue to serve as such and their compensation shall not be modified by the adoption of this Charter.

It shall be the duty of the city council in office when the proposed Charter takes effect, to implement all the requirements of this Charter.

All laws, ordinances, resolutions, bylaws, orders, rules, or regulations in force in the City of Durango at the time this Charter takes effect which are not inconsistent with the provisions of this Charter, shall continue in full force and effect until the council otherwise provides.

All official bonds, recognizances, obligations, contracts, and all other instruments entered into, or executed by or to the city before this Charter takes effect, and all taxes, fines, penalties and forfeitures due or owing to the city, and all writs, prosecutions, actions, and causes of action, except as herein otherwise provided, shall continue to remain unaffected by this Charter.

This Charter may be amended at any time in the manner provided by article XX of the Constitution of the State of Colorado. Nothing herein contained shall be construed as preventing the submission to the people of more than one (1) Charter amendment or measure at any one (1) election.

All legal notices of city business of general interest to the citizens of Durango shall be publicized as required by law or by city ordinance in such manner as may be determined by the council.

All boards and commissions now in existence shall continue as constituted. The city council shall have the authority to create or abolish any board or commission. Each board or commission shall operate under its own rules of procedure, and their meetings shall be open to the public.

The existing board of directors of the public library of the city shall continue with the powers, functions and duties that are or may be prescribed by law until otherwise provided by law or amendment to this Charter.

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected by such declaration. If the application of this Charter, or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.