Town Charter


Charter of the Town of Mountain View Colorado


TABLE OF CONTENTS

ARTICLE I GENERAL PROVISIONS
Section 1.1 Name and Boundaries
Section 1.2 Powers
Section 1.3 Rights and Liabilities
Section 1.4 Present Ordinances in Force

ARTICLE II ELECTIONS
Section 2.1 Colorado Municipal Election Laws Adopted
Section 2.2 Registration, Judges, Clerks and Election Commission
Section 2.3 Election Day
Section 2.4 Hours of Voting
Section 2.5 Elective Officers
Section 2.6 Council Elected at Large
Section 2.7 Terms of Councilmen
Section 2.8 Nominating Petitions – Required Signatures
Section 2.9 Vacancies
Section 2.10 Special Elections

ARTICLE III TOWN COUNCIL
Section 3.1 Town Council
Section 3.2 Powers or Council
Section 3.3 Qualifications (AMENDED 11-08-94)
Section 3.4 Mayor Pro Tem
Section 3.5 Financial Interest Prohibited
Section 3.6 Oath of Office
Section 3.7 Compensation of Councilmen
Section 3.8 Council Meetings
Section 3.9 Special Meetings (AMENDED 11-08-94)
Section 3.10 Audit of Accounts

ARTICLE IV ORDINANCES
Section 4.1 Council Acts
Section 4.2 Voting
Section 4.3 Action by Ordinance Required
Section 4.4 Form of Ordinance
Section 4.5 Procedure
Section 4.6 Enactment of Codes and Amendments Hereof by Reference
Section 4.7 Severability of Ordinances

ARTICLE V TOWN ADMINISTRATION
Section 5.1 Powers of Mayor
Section 5.2 Qualifications of Mayor
Section 5.3 Compensation of Mayor (AMENDED 11-08-94)
Section 5.4 Delegation of Duties
Section 5.5 Department Created

ARTICLE VI APPOINTED OFFICIALS
Section 6.1 Time of Appointment
Section 6.2 Town Clerk
Section 6.3 Town Treasurer
Section 6.4 Town Attorney

ARTICLE VII ENFORCEMENT OF LAWS AND ORDINANCES
Section 7.1 Municipal Court (AMENDED 11-05-91)
Section 7.2 Department of Police
Section 7.3 Other Officials and Departments

ARTICLE VIII BOARDS AND COMMISIONS
Section 8.1 General Provisions for Boards and Commissions
Section 8.2 Board of Adjustment and Appeals (AMENDED 11-05-91)

ARTICLE IX TOWN FINANCES
Section 9.1 Fiscal Year
Section 9.2 Annual Budget
Section 9.3 Budget Hearing
Section 9.4 Scope of Annual Budget
Section 9.5 Adoption of Budget and Appropriation
Section 9.6 Certification of Tax Levy
Section 9.7 General Fund
Section 9.8 Contingencies
Section 9.9 Special Funds
Section 9.10 Public Improvements Funds
Section 9.11 Transfer of Funds
Section 9.12 Additional Appropriations
Section 9.13 Department Appropriation Revert
Section 9.14 Publication of Expenditures

ARTICLE X BONDED INDEBTEDNESS
Section 10.1 General Obligation Bonds (AMENDED 11-O8-94)
Section 10.2 Revenue Bonds (REPEALED 11-08-94)
Section 10.3 Refunding Bonds (REPEALED 11-08-94)
Section 10.4 Bond Sales Limitations

ARTICLE XI IMPROVEMENT DISTRICTS
Section 11.1 Power to Construct Improvements and Create
Improvement Districts
Section 11.2 Surplus and Deficiency Fund
Section 11.3 Improvement District Bonds – General Benefits
Section 11.4 Review of Improvement District Proceedings

ARTICLE XII FRANCHISES
Section 12.1 Present Franchises
Section 12.2 Extension of Territory Covered by Franchise
Section 12.3 Term, Compensation, Restriction
Section 12.4 Revocable Permits
Section 12.5 Condemnation or Purchase
Section 12.6 Assignment
Section 12.7 Common Use of Facilities

ARTICLE XIII MISCELLANEOUS PROVISIONS
Section 13.1 Disconnection
Section 13.2 Taxes for Municipal Purposes
Section 13.3 Notice Required on Negligence Action (REPEALED 11-08-94)
Section 13.4 Fidelity Bonds (REPEALED 11-08-94)
Section 13.5 Right of Eminent Domain
Section 13.6 Contracts with Other Government Units
Section 13.7 Bequests, Gifts and Donations
Section 13.8 Contacts for Purchases, Leases and Construction of Public Works
Section 13.9 Temporary Zoning (AMENDED 11-08-94)
Section 13.10 Annexation of or Consolidation with Another Municipality (REPEALED 11-08-94)
Section 13.11 Initiative and Referendum
Section 13.12 Recall (AMENDED 11-08-94)
Section 13.13 Amendment
Section 13.14 Effect of State Statutes
Section 13.15 Severability

CHARTER OF THE TOWN OF MOUNTAIN VIEW

PREAMBLE

We, the people of the Town of Mountain View, Colorado, under the authority of the Constitution of the State of Colorado and in order to exercise the rights, privileges and responsibilities of self-government granted to us by the said Constitution, do ordain and establish this Home Rule Charter for the Town of Mountain View, Colorado.

ARTICLE I
GENERAL PROVISIONS

Section 1.1–Name and Boundaries:
The Municipal Corporation heretofore existing as the Town of Mountain View, in Jefferson County, State of Colorado, shall remain and continue a body
politic and corporate and under this Charter be known as the Town of Mountain View, with boundaries the same as presently established, until changed in a manner authorized by law.

Section 1.2–Powers:
The Town shall have all the power of local self government and home rule and all power possible for a town to have under the Constitution and laws of the State of Colorado. The enumeration of particular powers in this Charter is not exclusive of others.

Section 1.3–Rights and Liabilities:
By the name of the Town of Mountain View, the municipal corporation shall have perpetual succession; shall own, possess and hold all property, real and personal heretofore owned, possessed and held by the Town, and does assume and shall manage and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities of the town; shall acquire all benefits and does assume and shall pay all bonds, obligations, and indebtedness of the town; may sue and defend, purchase, lease, receive, hold and enjoy, or sell and dispose of real and personal property; may establish municipal water works, sewage disposal works, and water and sewer systems in the manner provided by statute; shall have a common seal and alter the same at pleasure.

Section 1.4–Present Ordinances in Force:
All ordinances of the town in force at the time this Charter becomes effective shall continue in force except insofar as they conflict with the provisions of this Charter, or shall be amended or repealed by ordinance enacted under authority of this Charter.

ARTICLE II
ELECTIONS

Section 2.1–Colorado Municipal Election Laws Adopted:
Town elections shall be governed by the Colorado municipal election laws as now existing or hereafter amended or modified, except as otherwise provided in this Charter, or by ordinance hereafter enacted.

Section 2.2–Registration, Judges, Clerks and Election Commission:
The Council may by ordinance establish the method for the registration of electors, the qualifications and compensation of election judges and clerks, and the boundaries of election precincts. The Council may by ordinance establish an election commission consisting of the Clerk, as chairman, and two additional members to be appointed by the Council, with such powers, duties, terms and qualifications as provided by such ordinance.

Section 2.3–Election Day:
A regular Town election shall be held on the first Tuesday after the first Monday in November in odd numbered years, commencing in the year 1975.

Section 2.4–Hours of Voting:
Polling places for all Town elections shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.

Section 2.5–Elective Officers:
The elective officers shall be a Mayor and six Councilmen. All elective officers shall be elected from the Town at large. All elections shall be nonpartisan.

Section 2.6–Council Elected at Large:
All members of the Town Council shall be elected from the Town at large, and no Districts or Wards for the election or the Town Council shall be established.

Section 2.7–Terms of Councilmen:
Those Councilmen elected to two year terms in the Town election of April 4, 1972, prior to the adoption of this Charter, shall remain in office until the general election date set forth in this Charter in 1975. Those Councilmen elected to four year terms in the Town election of 1972, prior to the adoption of this Charter, shall remain in office until the general election date set forth in this Charter In 1977. Upon the expiration of the terms of the Councilmen who were elected to serve two year terms in the election of 1972, then all members of Council shall be elected to four year terms with three members of Council elected at each general election.

Section 2.8–Nominating Petitions–Required Signatures:
The Nominating Petition for each candidate for Mayor shall be signed by twenty-five, and, for Councilman, shall be signed by not fewer than ten qualified electors of the Town of Mountain View, and shall be filed before the regular Town election as provided by the Colorado Municipal Election Laws, except as otherwise provided in this Chapter or by ordinance hereafter enacted.

Section 2.9–Vacancies:
The Mayor’s office and a Councilman’s office shall become vacant whenever he resigns, dies, becomes a nonresident of the Town, or, as to Councilmen, the district from which he was elected or appointed. A vacancy which occurs shall be filled by a majority vote of the membership of the entire Council within thirty days after such vacancy occurs for the full then unexpired term of the office which has become vacant.

Section 2.10–Special Elections:
Any special Town election may be called by resolution of the Council at least thirty days in advance of such election. The resolution calling a special Town election shall set forth the purpose or purposes of such election.

ARTICLE III
TOWN COUNCIL

Section 3.1–Town Council:
All powers of the Town and otherwise limited or conferred upon others by this Charter shall be vested in a Council consisting of six members.

Section 3.2–Powers of Council:
The Council shall have all municipal powers, including, without limitation, all powers as conferred by general law except as limited by this Charter.

Section 3.3—Qualifications:
Each candidate for Councilman or Mayor, when nominated and elected shall be a qualified elector of the Town of Mountain View, a citizen of the United States, and a resident of the Town of Mountain View for at least one year immediately preceeding such election. No Councilman shall be a salaried employee of the Town during his tenure of office. The Council shall be the judge of the election and qualifications of its own members, subject to judicial review.
(AMENDED BY CHARTER ELECTION HELD ON 11-08-94)

Section 3.4–Mayor Pro Tem:
A Mayor Pro Tem shall be elected by the Council from its own membership at the first meeting following each biennial election or an adjournment thereof. The Mayor Pro Tem shall serve until the Council meeting following the next regular Town election, and shall act as Mayor during the absence or disability of the Mayor. In the event or absence or disability of both the Mayor and the Mayor Pro Tem, the Council shall designate another of its members to serve as Acting Mayor during such absence of disability. Any Mayor Pro Tem or Acting Mayor, while serving as such, shall retain all powers granted herein to Councilmen.

Section 3.5–Financial Interest Prohibited:
No member of the Council shall have any direct financial interest in any contract with the Town.

Section 3.6–Oath of Office:
The Mayor and each Councilman shall take an oath of affirmation before entering upon the duties of his office, that he will support the Constitution of the United States and of the State of Colorado, and the Charter and ordinances of the Town of Mountain View, and faithfully perform the duties of his office.

Section 3.7–Compensation of Councilmen:
The members of Council shall receive such compensation, and the Mayor such additional compensation as the Council by ordinance shall prescribe, provided however that they shall neither increase nor decrease the compensation of any member during his term of office, except member of the Council whose terms do not expire at the next regular Town election, shall receive the, same compensation as that provided for incoming members for the remainder of their term of office. The Mayor and Council may, upon order of Council, be paid such necessary bona fide expenses incurred in service on behalf of the Town as are authorized.

Section 3.8–Council Meetings:
The Council shall meet regularly at least once each month at a day and hour and place to be fixed by the rules and proceedings of each Council. The Council shall prescribe the rules of procedure governing meetings. All regular and special meetings of the Council shall be open to the public, and citizens and employees shall have a reasonable opportunity to be heard. An organizational meeting shall be held on the Monday following each regular Town election. Four members of the Council shall constitute a quorum. Written minutes of the proceedings of each meeting shall be kept by the Clerk and signed by the Mayor.

Section 3.9–Special Meetings:
Special Meetings of the Council shall be called by the Clerk on the oral request of the Mayor, or of any two members of the Council, on at least 24 hours written notice to each member of the Council. Notice may be waived by either written consent or attendance at the Special Meeting. The Special Meetings of the Town Council shall comply with the Colorado Open Meetings Act, C.R.S. Sections 24-6-401 to -402, or as hereinafter amended.
(AMENDED BY CHARTER ELECTION HELD ON 11-08-94)

Section 3.10–Audit of Accounts:
An independent audit shall be made annually of all financial affairs of the Town and more frequent audits may be made if deemed necessary by the Council. Such audits shall be made by a certified public accountant, experienced in municipal accounting, selected by the Council.

ARTICLE IV
ORDINANCES

Section 4.1–Council Acts:
The Council shall act only by ordinance, resolution or motion. All legislative enactments must be in the form of ordinances; all other actions, except as herein provided may be in the form of resolutions or motions. All ordinances and resolutions shall be confined to one subject except in case of repealing ordinances, and ordinances making appropriations shall be confined to the subject of appropriation.

Section 4.2–Voting:
The vote by “Yes” and “No” shall be taken upon the passage of all ordinances, resolutions and motions, and entered upon the minutes of the Council proceedings. Every ordinance shall require the affirmative vote of the majority of the membership of the entire Council for final passage. Resolutions and motions shall require the affirmative vote of a majority of the members present. Every member, when present, shall vote upon ordinances, resolutions and motions unless he shall have a personal interest therein.

Section 4.3–Action by Ordinance Required:
In addition to such acts of the Council as are required by other provisions of this Charter to be by ordinance, every act making an appropriation, creating an 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 without the consent of the owner, shall be by ordinance.

Section 4.4–Form of Ordinance:
The enacting clause of all ordinances shall be: “THE COUNCIL OF THE  TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS”.

Section 4.5–Procedure:
The course that an ordinance shall take for passage shall be:
(a) Introduction by any member of Council or committee thereof at any regular or special meeting providing however that said introduction at a special meeting shall be consistent with Charter provisions regarding special meetings.

(b) Passage or rejection by a roll call vote of the Council.

(c) If first passed, posting at such locations shall be made as shall be prescribed from time to time. A copy of said ordinance is to be provided in full to each Council member before second consideration.

(d) After first passage, Council shall consider said ordinance a second time not earlier than six days after first passage. The Council shall pass or reject the ordinance by roll call vote. An ordinance may be amended before that final passage by a roll call vote of the Council.

(e) If the ordinance is passed by Council then it shall be submitted to the Mayor for his approval or rejection. The Mayor may either approve the ordinance, reject the ordinance or by not signing the ordinance for a period of five days allow the passage of the ordinance without his signature.

(f) If rejected by the Mayor, then the Council may, by a two-thirds vote of the entire Council approve the ordinance over the Mayor’s veto.

(g) After the ordinance is finally approved by both the Council and the Mayor or approved over the Mayor’s veto, the ordinance shall be available for inspection in the office of the Town Clerk, or as prescribed by ordinance of the Council.

(h) An ordinance when finally approved shall take effect and shall be enforced ten days after final approval except for emergency ordinances adopted pursuant to subsection (i) hereof.

(i) Emergency ordinances. The Council may adopt emergency ordinances necessary for the immediate preservation of the public peace, health or safety. The facts showing such emergency shall be recited in the ordinance. Emergency ordinances shall not require a second reading and shall take effect immediately upon adoption by the Council. Emergency ordinances shall be posted as other ordinances are posted. Adoption of any emergency ordinance that the Council deems the passage of said ordinance to be the immediate preservation of public peace, health or safety shall be conclusive.

Section 4.6–Enactment of Codes and Amendments Hereof by Reference:
In accordance with statutes relative to adoption by reference now or hereafter in effect, the Council may enact any appropriate Colorado Statute or any standard code promulgated or enacted by any municipality, county, state or federal agency, or by recognized trade or professional organizations, by reference thereto in an enacting ordinance and without publishing such statutes or codes in full. In the event that any such statute or code, after being adopted by reference, is revised or amended by the agency or organization by whom it was enacted or promulgated, then any such revision or amended version may be adopted by reference by an ordinance passed in the usual manner without strict compliance with the statutory regulations relative to notices and public hearings.

Section 4.7–Severability of Ordinances:
Unless all ordinance shall expressly provide to the contrary, if any portion of an ordinance or application thereof to any person or circumstance shall be found to be illegal or invalid by a court, such illegality or invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the illegal or invalid portion or application. (AMENDED BY CHARTER ELECTION HELD ON 11-02-99)

ARTICLE V
TOWN ADMINISTRATION

Section 5.1–Powers of the Mayor:
The Mayor shall be the presiding officer of the Council and the recognized head of the Town Government for all legal and ceremonial purposes. He shall have no vote on any question except in the case of a tie vote, when he shall be allowed to vote. He shall have the power to approve ordinances approved by Council, or deny approval of the same. All contracts in writing binding the Town, all conveyances of interests in land by the Town and any other documents requiring his signature shall be signed by the Mayor and attested by the Clerk. The Mayor shall also oversee the administrative functions of the Town and shall make such recommendations to the Council concerning personnel, and procedures and policy to insure the efficient administration of the Town.

Section 5.2–Qualifications or Mayor:
The Mayor, when nominated and elected shall be a qualified elector of the Town of Mountain View, a citizen of the United States for at least five years, and a resident of the Town of Mountain View for at least one year immediately preceeding such election. The Mayor shall not be a salaried employee of the Town during his tenure of office.

Section 5.3–Compensation of Mayor:
The Town Council shall set the salary of the Mayor, and the ordinance setting the compensation shall not necessitate the approval of the Mayor to take effect. The Mayor’s salary shall not be increased or decreased during his term of office. (AMENDED BY CHARTER ELECTION HELD ON 11-08-94)

Section 5.4–Delegation of Duties:
The Mayor with the consent of the Council by resolution may delegate to various of the members of the Council any of the powers and duties enumerated, except that of approval or rejection of ordinances or resolutions as prescribed.

Section 5.5–Departments Created:
The administrative functions of the Town may be performed by the following departments: Water and Sanitation, Streets, Police, Fire, Finance, Executive, and such other departments as are or may be established by this Charter or by ordinances of the Town. Upon recommendation of the Mayor, the Council may by ordinance consolidate or merge any of the said departments whether set forth in the Charter or created by ordinance in order to achieve more efficient operation or administration. All departments of the Town except as otherwise provided in this Charter, shall be under the supervision and control of the Mayor.

ARTICLE VI
APPOINTED OFFICIALS

Section 6.1–Time of Appointment:
At its first meeting after each regular Town election, the Council shall appoint the officials hereinafter enumerated in this Article with the powers and duties herein specified. Such appointments shall be at the pleasure of the Council, at such compensation as the Council may by resolution from time to time establish.

Section 6.2–Town Clerk:
(a) The Clerk shall be the clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings.

(b) The Town Clerk shall be the keeper of the seal and shall affix it to all instruments and papers which by law or ordinances are required to be attested with the Town seal.

(c) He shall have the custody of and shall safely keep all public records, documents, ordinances, resolutions and orders of the Council, and such other papers and documents as may be delivered into his custody.

(d) The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Council and approved under the provisions of Section 4.5, Article IV.

(e) The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council or by the Mayor.

Section 6.3–Town Treasurer:
(a) The Treasurer shall have the custody of all monies of the Town, all bonds pertaining to officials or employees, and all evidences of indebtedness belonging to the Town or held in trust by the Town.

(b) The Treasurer shall collect all monies for the Town, the collection of which is not provided for elsewhere by Charter or ordinance. He shall receive from other officers and employees of the Town all monies belonging to and receivable by the Town and collected by such officers and employees, including fines, license fees, taxes, assessments, and all other charges. All monies shall be turned over to the Treasurer after collection or receipt.

(c) The Treasurer shall keep and deposit all monies or funds in such manner and only in such places as the Council may determine.

(d) The Treasurer shall disburse all Town funds in accordance with the provisions of statute, this Charter and procedures established by the Council or by the Mayor.

(e) The Treasurer shall perform such other duties as may be prescribed for him by this Charter or by the Council.

(f) The Council may combine the offices of Clerk and Treasurer.

Section 6.4–Town Attorney:
(a) It shall be the right and duty of the Town Attorney to institute and prosecute all suits for the recovery of fines and penalties, which may be brought under the provisions of the law of the State of Colorado, and of the ordinances of the Town of Mountain View.

(b) To institute and defend all suits which may be brought in any court by or against the Town of Mountain View, or any of its officers in their official capacity.

(c) He shall draft or review all ordinances, contracts, leases, conveyances, and any and all instruments of writing which may be required of him by ordinances, resolution, motion or order of the Council. It shall be his right and duty to act as the legal adviser to the Town of Mountain View in all matters pertaining to contracts with or by the Town, and in any question of law arising under the ordinances or otherwise.

(d) The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the Town.

(e) The Attorney shall perform such other duties as may be prescribed for him by this Charter or by the Council.

(f) Upon the recommendation of the Attorney or upon its own initiative, the Council may appoint one or more assistant attorneys to handle any matter in which the Town has an interest or to assist and counsel with the Attorney therein.

ARTICLE VII
ENFORCEMENT OF LAWS AND ORDINANCES

Section 7.1–Municipal Court:
(a) There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases arising under this Charter or the ordinances of the Town. The powers of and the procedure in such Municipal Court and the manner of enforcement of its orders and judgments, shall be such as is provided for under the Statutes of the State of Colorado, and the present ordinances of the Town with respect to police magistrates, except as may be otherwise provided in this Charter or by ordinance hereafter enacted. The Council shall have the power to provide for juries for service in the Municipal Court. The Council shall provide a suitable place and all supplies and personnel necessary for the proper functioning of the Court.

(b) The Municipal Court shall be presided over and its functions exercised by one or more Municipal Judges, appointed by the Council for a term to be at the pleasure of the Council. A Municipal Judge shall receive a fixed salary or compensation not dependent upon the outcome of the matters to be decided by him, and to be fixed by the Council from time to time. If a Municipal Judge is absent or unable to act in any manner or case, the Mayor shall call any eligible person to act and serve temporarily, and if he fails to, or cannot call in a substitute, the Council shall appoint a substitute. Qualifications for Municipal Judges shall be established by ordinance.

(c) The Council shall provide for the enforcement of its ordinances by fine, or imprisonment, or both. (AMENDED BY CHARTER ELECTION HELD ON 11-05-91)

Section 7.2–Department of Police:
(a) There is hereby created a Department of Police, the director of which shall be the Chief of Police who shall be appointed by the Council for a term to be at the pleasure of the Council.

(b) The Chief of Police shall be in direct command of the Department of Police. He shall assign all members of the Department to their respective posts, shifts, details and duties. He shall make rules and regulations affecting his Department, in conformity with the ordinances and resolutions of the Town, concerning the operation of the Department and conduct of all employees. He shall be responsible for the efficiency, discipline and good conduct or the Department and for the care and custody of all properly used by the Department.

(c) The Department of Police shall be responsible for the preservation of public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, the enforcement of the laws of the State and of the ordinances of the Town as provided by this Charter and all rules and regulations made in accordance therewith, and such other functions as the Mayor and Council may prescribe for public safety. All members of the Department shall have all powers with respect to the service of criminal process and the enforcement of criminal laws as are vested in police officers.

Section 7.3–Other Officials and Departments:
The Council shall have the power to create such other departments as it deems necessary to effectively administer the Town, and to this end shall also have the power to appoint and compensate other officials, experts or such other persons or businesses as are necessary to achieve efficient administration or to comply with this Charter or law.

ARTICLE VIII
BOARDS AND COMMISSIONS

Section 8.1–General Provisions for Boards and Commissions:
Unless otherwise provided by this Charter, all boards and commissions shall be appointed by the Council and shall have such powers and perform such duties as are provided by this Charter or by ordinance; and members of such boards and commissions shall be appointed to serve without compensation, but shall be paid their authorized expenses actually incurred in the discharge of their official duties. Initial appointments by the Council shall specify the term of office of each individual in order to achieve overlapping tenure, and thereafter all appointments shall be for the full term specified. All members shall be subject to removal by a 3/4 majority vote of the entire Council. The Council shall make appointments to fill vacancies for the unexpired terms. Each board and commission shall choose its own chairman and vice-chairman, and shall adopt its own rules of procedure for the proper conduct of Its business.

Section 8.2–Board of Adjustment and Appeals:
There is hereby created and established a Board of Adjustment and Appeals consisting of the number of members from time to time specified by the Council by ordinance. Such members shall be appointed by the Council for terms to be established by the Council at the time of appointment. Each member shall be a taxpaying elector and in addition shall have resided in the area comprising the Town at the time of his appointment for at least one year immediately preceding the date of his appointment. (AMENDED BY CHARTER ELECTION HELD ON 11-05-91) (AMENDED ELECTION HELD ON 11-04-03)

The Board shall have power to hear and determine appeals from refusals of building permits in violation of the zoning ordinance; to make exceptions to the terms of the zoning regulations in harmony with their general purpose and intent; and to authorize variances from the strict application of the zoning regulations in such situations, subject to such limitations as may be set by ordinance. The findings and decisions of the Board shall be final, subject only to judicial review.

The Board shall keep minutes of its proceedings, show the vote taken, keep records of its examinations and other official actions. Every order, requirement, decision or determination of the Board shall be filed in the office of the Clerk.

The Board shall exercise the functions and powers and perform the duties assigned to it by this Charter and the ordinances of the Town; and where not otherwise provided by ordinance or Charter, the Board shall have the powers, perform the functions, and follow the procedures set forth in the Statutes of the State of Colorado.

Section 8.3–Planning and Zoning Commission:
There is hereby created and established a Planning and Zoning Commission consisting of the number of members from time to time specified by the Council by ordinance. Such members shall be appointed by the Council for terms to be established by the Council at the time of appointment. Each member shall be a taxpaying elector and in addition shall have resided in the area comprising the Town at the time of his appointment for at least one year immediately preceding the date of his appointment.  (AMENDED ELECTION HELD ON 11-04-03)

The Planning and Zoning Commission shall exercise the functions and powers and perform the duties assigned to it by this Charter and the ordinances of the Town. It may prepare and submit to the Council for its approval a master plan for the physical development of the Town and areas adjacent thereto. All plats of proposed subdivisions shall be submitted to it for its recommendations and approval before being presented to the Council for its approval; it shall hold hearings relative to zoning and changes in the zoning ordinance, and shall make recommendations thereon to the Council. Where not otherwise provided by Charter or ordinance, the Planning and Zoning Commission shall have the powers, perform the functions, and follow the procedures set forth in the Statutes of the State of Colorado.

ARTICLE IX
TOWN FINANCES

Section 9.1–Fiscal Year:
The fiscal year of the Town, and of all its agencies, shall begin on the first day of January and end on the thirty-first day of December of each year.

Section 9.2–Annual Budget:
A proposed budget for the ensuing fiscal year shall be presented to the Council on or before the fifteenth day of October of each year.
(AMENDED ELECTION HELD ON 11-04-03)

Section 9.3—Budget Hearing
At the next regular meeting of the Council following presentation of the budget, the Council shall hold a public hearing on the proposed budget. Notice of the time and place of such hearing shall be published at least once five days prior to such hearing, and copies of the proposed budget shall be made available to the public by depositing them In the office of the Clerk.

The Council may at any time before final adoption increase, decrease, add or strike out any item in the budget.

Section 9.4–Scope of Annual Budget:
The budget adopted by the Council shall contain: (a) an estimate of anticipated revenue from all sources other than the tax levy for the ensuing year; (b) an estimate of the general fund cash surplus at the end of the current fiscal year, or of the deficit to be made up by appropriation; (c) estimated expenditures necessary for the operation of the several departments, offices, and agencies of the Town; (d) debt service requirements for the ensuing fiscal year; (e) the amount to be set aside for the public improvements fund; (f) an estimate of the sum required to be raised by the tax levy for the ensuing fiscal year, and the rate of levy necessary to produce such sum based on the percentage of current levy collection experience during the three preceding fiscal years; (g) a balance between the total estimated expenditures, including any deficit to be met, and monies set aside for public improvements and total anticipated revenue, plus any surplus. All estimates shall be in detail showing revenues by source, and expenditures by organizational units, activities, character and object.

Section 9.5–Adoption of Budget and Appropriation:

Before the tax levy is certified each year, the Council shall adopt on final reading an ordinance for the budget and an ordinance for the annual appropriations. When finally adopted, the budget shall become a public record, and sufficient copies shall be deposited with the Clerk to insure adequate circulation.
(AMENDED ELECTION HELD ON 11-04-03)

Section 9.6–Certification of Tax Levy:
Not later than the first day of November of each year, or such other date as may be required by law, the Council shall fix the amount of lax levy which shall be assessed upon each dollar of assessed valuation of all taxable property within the corporate limits of the Town, and shall cause the same to be certified to the County as required by law. If the Council should fail in any year to make such levy as above provided, the rate fixed shall be the rate for the ensuing fiscal year, which rate shall be levied as by law provided.

Section 9.7–General Fund:
There is hereby established a fund to be known as the General Fund. All revenues not specifically allocated to any other fund shall be placed in the General Fund. All general functions of the Town shall be financed by expenditures from the General Fund.

Section 9.8–Contingencies:
The General Fund may contain an item for contingencies.

Section 9.9–Special Funds:
Additional funds which shall be known as Special Funds may be created by ordinance to provide for monies to be held or used for special purposes, such as: depreciation and obsolescence; debt service; equipment and building replacement; special services; local improvements; Town owned utilities; trust funds and endowments; and such other purposes as the Council may determine.

Section 9.10–Public Improvements Fund:
There is hereby established a fund to be known as the Public Improvements Fund for the purpose of paying the cost of capital improvements. The Council shall have power to define the rules and regulations pertaining to such fund by ordinance, and shall have power to transfer from time to time monies from the General Fund to the Public Improvements Fund. Appropriations for construction or other permanent improvements from the Public Improvements Fund shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; unencumbered balances from projects accomplished or abandoned shall be used for payment of any outstanding bonded indebtedness of the Town or if none, transferred to any other fund. Any unappropriated or unencumbered balance in the Public Improvements Fund may be transferred by the Council to any fund, or used to pay outstanding bonded indebtedness of the Town.

Section 9.11 -Transfer of Funds:
The Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one department, office or agency to another.

Section 9.12–Additional Appropriations:
The Council may make additional appropriations by ordinance during the fiscal year for unanticipated expenditures required of the Town, but such additional appropriations shall not exceed the amount by which actual and anticipated revenues of the year are exceeding the revenues as estimated in the budget, unless the appropriations are necessary to relieve an emergency endangering the public peace, health or safety.

Section 9.13–Departmental Appropriations Revert:
Any annual departmental appropriation, of any portion thereof, remaining unexpended and unencumbered at the close of the fiscal year, shall revert to the General Fund.

Section 9.14–Publication of Expenditures:
Expenditures authorized to be made need not be published, but the Clerk shall maintain a record on file of same, which shall at all times be available for public inspection.

ARTICLE X
BOND INDEBTEDNESS

Section 10.1–General Obligation Bond:
Indebtedness and obligations of the Town shall be incurred as provided in Article X, Section 20, and Articles XI and XX of the Colorado Constitution, unless in conflict with this Charter. The Council shall have the power to issue general obligation bonds or· revenue bonds for any purpose upon the affirmative vote of a majority of the taxpaying electors of the Town voting at a general election. The general obligation bonds of the Town shall mature in not more than 15 years from the date of issuance and shall be payable in installments commencing not later than 5 years after the issuance of the bonds.  (AMENDED BY CHARTER ELECTION HELD ON 11-08-94)

Section 10.2–Revenue Bonds:

(REPEALED BY CHARTER ELECTION HELD ON 11-08-94)

Section 10.3–Refunding Bonds:

(REPEALED BY CHARTER ELECTION HELD ON 11-08-94)

Section 10.4–Bond Sales-Limitations:
Bonds shall be sold to the highest and best bidder for cash at public sale, provided that the Town shall reserve the right to reject any and all bids for the purchase of said bonds and sell the same at private sale, if it is to the best advantage of the Town as determined by Council. Bonds may contain provisions for calling the same at designated periods prior to maturity.

ARTICLE XI
IMPROVEMENT DISTRICTS

Section 11.1—Power to Construct Improvements and Create Improvement Districts:
The Town shall have the power to contract for, construct, or install special or local improvements of every character within designated districts of said Town, and to assess the cost thereof wholly or in part upon the property especially benefited. The Council shall by ordinance prescribe the procedure for notice, the method and time for filing protest and disposition thereof, the method and manner of making such improvements, letting contracts therefor, assessing the cost thereof, and issuing and paying bonds for costs and expenses of the organization of said districts and of construction or installation of said improvements. Nothing herein contained shall be construed to limit the power of the Council to otherwise act in accordance with the Constitution and Statutes of Colorado in carrying out such purposes.

Section 11.2–Surplus and Deficiency Fund:
All special or local improvements except as the Town may contribute to the cost thereof, shall be paid for in public improvement bonds, and all monies collected on account of the assessments for any improvements shall be applied to the payment of the bonds, and interest, issued therefor, until the payment of all the said bonds. Where all outstanding bonds of a special or local improvement district have been paid and any monies remain to the credit of the district, they shall be transferred to a Special Surplus and Deficiency Fund and whenever there is a deficiency in any special or local improvement district fund to meet the payments of outstanding bonds and interest due thereon, the deficiency shall be paid out of said surplus and deficiency fund. Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued, and for any reason the remaining assessments are not paid in time to take up the remaining bonds of the district and the interest due thereon, and there is not sufficient monies in the Special Surplus and Deficiency Fund, then the Town shall pay said bonds when due and the interest due thereon, and reimburse itself by collecting the unpaid assessments due said district.

Section 11.3–Improvement District Bond–General Benefits:
In consideration of general benefits conferred on the Town at large from the construction or installation of improvements in improvement districts, the Council may levy annual taxes on all taxable property within the Town at a rate not exceeding two mills in any one year, to be disbursed as determined by the Council for the purpose of paying for such benefits, for the payment of any assessment levied against the Town itself in connection with bonds issued for improvement districts, or for the purpose of advancing monies to maintain current payments of interest and equal annual payments of the principal amount of bonds issued for any improvement district hereinafter created. The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes specified herein, provided that in lieu of such tax levies, the Council may annually transfer to such special fund any available monies of the Town, but in no event shall the amount transferred in any one year exceed the amount which would result from a tax levied in such year as herein limited.

Section 11.4–Review of Improvement District Proceedings:
No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act, or the issue or collection of any bonds, or the levy or collection of any assessments, authorized by this Article, or for any other relief against any acts or proceedings done or had under this Article, or of the Town, with reference thereto, whether based upon irregularities or jurisdictional defects, shall be maintained, unless commenced within ninety days after the performance of the act or the passage of the resolution or ordinance complained of, or else be thereafter perpetually barred.

ARTICLE XII
FRANCHISES

Section 12.1–Present Franchises:
All franchise ordinances of the Town in effect at the time that this Charter is adopted shall remain in full force and effect, according to the provisions and terms, until the expiration date provided in such ordinances.

Section 12.2–Extension of Territory Covered by Franchise:
With respect to any franchise after negotiation or mutual agreement, the Council may by ordinance extend the area to include streets, alleys, or public places and property not embraced in such franchise, when public convenience and necessity requires, subject to all the terms and conditions of such original franchise, and co-extensive with the terms thereof, without a vote of the qualified taxpaying electors.

Section 12.3—Term, Compensation, Restriction:
No franchise, lease, or right to use the streets, or the public places or property of the Town, shall be granted for longer than twenty years. Every grant of a franchise shall fix the amount and manner of payment of the compensation to be paid by the grantee for the use of the same, and no other compensation of any kind shall be exacted for such use during the life of the franchise. This provision shall not exempt the grantee from any lawful taxation upon his or its property, nor from any licenses, charges, or other impositions levied by the Council, not levied on account of the use granted by the franchise.

Section 12.4—Revocable Permits:
The Council may grant permits for the temporary use or occupation of any street, alley or public place, and establish conditions and compensation to be paid to the Town therefor.

Section 12.5–Condemnation or Purchase:
The right of the Town to construct, purchase, or condemn any public utility, work or way, as provided by law, is expressly reserved.

Section 12.6–Assignment:
Assignment or leasing of a franchise shall be considered a forfeiture unless consent is given by the Council by ordinance.

Section 12.7–Common Use of Facilities:
The Council shall have the power to require any holder of a franchise from the Town, or other public utility, to allow the use of its rights-of-way, poles and wires by any franchise holder, or the Town itself, upon payment of a reasonable rental therefor; and the Town may, under the terms prescribed by the Council, allow such franchise holders to use rights-of-way, poles and wires of Town-owned utilities.

ARTICLEL XIII
MISCELLANEOUS PROVISIONS

Section 13.1–Disconnection:
Anything to the contrary notwithstanding under the Statutes of the State of Colorado now existing or as they may hereafter be amended, no territory may be disconnected from the Town without first submitting the question of any such disconnection for approval of the taxpaying electors.

Section 13.2–Taxes for Municipal Purposes:
The Council shall have the power by ordinance to levy all forms of taxation for municipal purposes as are now or may hereafter be permitted to home rule cities and towns under the Constitution of the State of Colorado, except that no use tax shall be imposed by the Council without having first been approved by a vote of the taxpaying electors of the Town at a general or special election.

Section 13.3—Notice Required on Negligence Action:

(REPEALED BY CHARTER ELECTION HELD ON 11-08-94)

Section 13.4–Fidelity Bonds:

(REPEALED BY CHARTER ELECTION HELD ON 11-08-94)

Section 13.5–Right of Eminent Domain:
The Town shall have the right of eminent domain for all municipal purposes whatever either within or without the limits of the Town as may be permitted to towns or cities by the Constitution and the Statutes of the State of Colorado.

Section 13.6–Contracts With Other Governmental Units:
The Council may, by resolution or by ordinance, enter into contracts or agreements with other governmental units or special districts for the use of buildings, equipment or facilities, and for furnishing or receiving commodities or services.

Section 13.7-Bequests, Gifts and Donations:
The Council, on behalf of the Town, may receive bequests, gifts and donations of all kinds of property in fee simple, or in trust, for public, charitable or other purposes, and do all things and acts necessary to carry out the purposes of such bequests, gifts and donations, with the power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the bequest, gift or trust.

Section 13.8—Contracts for Purchases, Leases, and Construction of Public Works:
The Council may establish by ordinance procedure for entering into contracts for purchases, contracts for leases, and contracts for construction of public works.

Section 13.9–Temporary Zoning:
The Town of Mountain View shall have the authority to annex property or consolidate with another municipality in accordance with the Municipal Annexation Act of 1965, C.R.S. Section 31-12-101 to –707, or as hereinafter amended, or in accordance with any other laws of the State of Colorado.
(AMENDED BY CHARTER ELECTION HELD ON 11-08-94)

Section 13.10–Annexation of or Consolidation with Another Municipality:

(REPEALEDBY CHARTER ELECTION HELD ON 11-08-94)

Section 13.11–Initiative and Referendum:
The power of initiative and referendum is reserved to the voters of the Town in accordance with the provisions of Article V. Section I of the Constitution of the State of Colorado insofar as such provisions are applicable.

Section 13.12–Recall:
The Mayor and Councilmen of the Town of Mountain View may be recalled from their several offices at any time after the expiration of thirty days next succeeding their election or appointment, by the electors, qualified and entitled to vote for a succeeder of such incumbent, through the procedure which shall be known as recall. Such procedure shall be in addition to and without excluding any other method provided within this Charter or by law of the State of Colorado. The Council shall prescribe by ordinance the procedure for recall, provided however that 25% of the entire votes cast at the last preceding election for all the candidates for office which the incumbent occupies, shall be required for the initiation of the recall against any elected official of the Town.
(AMENDED BY CHARTER HELD ON HELD ON 11-08-94)

Section 13.13—Amendment:
In addition to the provisions of Section 13.10 this Charter may be amended at any general election or special election called for such purpose upon questions which may be submitted to the electors by a majority of the Council, or upon questions which may be submitted by the electors by initiative as provided for in Article V. Section I of the Constitution of the State of Colorado.

Section 13.14–Effect of State Statues:
Unless otherwise provided by this Charter or by ordinances adopted by the Council hereunder, the Statutes of the State of Colorado governing municipalities now classified as towns shall remain in effect.

Section 13.15–Severability:
If any provision, article, section, sentence, clause or part of this Charter, or the application thereof to any person or circumstances be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such adjudication shall not affect, impair or invalidate the Charter as a whole or any part hereof other than the part so adjudged to be invalid, and to this end the provisions of this Charter are declared to be severable.

Signed and approved this _____day of July, AD. 1972.