TOWN
OF
HOME
RULE CHARTER
1994
Adopted
by the Electorate
of the Town of
on
Published
by
COLORADO
CODE PUBLISHING COMPANY
CHARTER TABLE OF CONTENTS
PREFATORY STATEMENT
PREAMBLE
ARTICLE I GENERAL
PROVISIONS
Section 1.1 Name
and Boundaries
Section 1.2 Powers
Section 1.3 Rights
and Liabilities
Section 1.4 Form
of Government
ARTICLE II ELECTIONS
Section 2.1
Section 2.2 Registration,
Judges, Clerks and Election Commission
Section 2.3 Election
Day
Section 2.4 Hours
of Voting
Section 2.5 Nonpartisan
Elections
Section 2.6 Election
Precincts
Section 2.7 Nominating
Petitions
Section 2.8 Notice
of Election
Section 2.9 Special
Election
Section 2.10 Recall
ARTICLE III TOWN
COUNCIL
Section 3.1 Elective
Officers
Section 3.2 Council
Districts
Section 3.3 Qualifications
of Elective Officers
Section 3.4 Powers
of the Council
Section 3.5 Terms
of Office
Section 3.6 Vacancies
Section 3.7 Mayor
Section 3.8 Mayor
Pro Tem
Section 3.9 Conflict
of Interest
Section 3.10 Oath
of Office
Section 3.11 Compensation
of Councilmembers
ARTICLE IV COUNCIL
ACTIONS
Section 4.1 Form
of Action
Section 4.2 Voting
Section 4.3 Action
by Ordinance Required
Section 4.4 Form
of Ordinances
Section 4.5 Procedure
for Passage of Ordinances
a. First
reading
b. Publication
c. Second
reading
d. Final
publication
e. Effective
date
Section 4.6 Emergency
Ordinances
Section 4.7 Enactment
of Codes and Amendment Thereof by Reference
Section 4.8 Recording
of Ordinances, Public Record
Section 4.9 Severability
of Ordinances
Section 4.10 Resolutions
and Motions
Section 4.11 Council
Meetings
Section 4.12 Special
Meetings
Section 4.13 Emergency
Meetings, Study Sessions, Executive Sessions
a. Emergency
meetings
b. Study
sessions
c. Executive
sessions
ARTICLE V BOARDS AND COMMISSIONS
Section 5.1 General
Provisions
Section 5.2 Board
of Adjustment
a. Board
of Adjustment created
b. Powers
c. Limitations;
procedure
Section 5.3 Planning
Commission
ARTICLE VI TOWN
ADMINISTRATION
Section 6.1 Town
Manager
Section 6.2 Town
Clerk
Section 6.3 Town
Attorney
Section 6.4 Organization
Section 6.5 Relationship
of Council to Town Administration
ARTICLE VII MUNICIPAL COURT
Section 7.1 Municipal
Court Established
Section 7.2 Municipal
Judge
ARTICLE VIII TOWN
FINANCES
Section 8.1 Fiscal Year
Section 8.2 Annual
Budget
Section 8.3 Scope
of Annual Budget
Section 8.4 Adoption
of Budget and Appropriation
Section 8.5 Certification
of Tax Levy
Section 8.6 Transfer
of Funds
Section 8.7 Increase
or Reduction of Appropriations
Section 8.8 Departmental
Appropriations Revert
Section 8.9 Independent
Audit
ARTICLE IX MUNICIPAL BORROWING
Section 9.1 Forms
of Borrowing Permitted
a. Short-term
notes
b. Emergency
notes
c. Anticipation
warrants
d. General
obligation bonds
e. Revenue
bonds
f. Industrial
development revenue bonds
g. Special
assessment bonds
h. Refunding
bonds
i. Lease
purchase; installment purchase agreements
j. Other
obligations
Section 9.2 Limitations
ARTICLE X TAXATION
Section 10.1 Authority
to Levy Taxes
ARTICLE XI IMPROVEMENT
DISTRICTS
Section 11.1 Power
to Construct Improvements and Create Improvement Districts
Section 11.2 Review
of Improvement District Proceedings
ARTICLE XII FRANCHISES
AND PUBLIC UTILITIES
Section 12.1 Town
Powers
Section 12.2 Grant
of Public Utility Franchises
Section 12.3 Water
Rights
Section 12.4 Utility
Rates
Section 12.5 Term; Compensation; Restriction
Section 12.6 Review
Section 12.7 Assignment
Section 12.8 Common
Use of Facilities
Section 12.9 Franchise
Records
Section 12.10 Existing
Franchises
Section 12.11 Revocable
Permits
ARTICLE XIII INITIATIVE
AND REFERENDUM
Section 13.1 Initiative
Section 13.2 Referendum
Section 13.3 Petitioners'
Committee Affidavit
Section 13.4 Petitions
a. Number
of signatures
b. Form
and content
c. Affidavit
of circulator
d. Time
for filing referendum petitions
Section 13.5 Procedure
After Filing
a. Certificate
of Clerk, amendment
b. Council
review
c. Court
review; new petition
Section 13.6 Referendum
Petitions
Section 13.7 Action
on Petitions
a. Action
by the Council
b. Submission
to voters
c. Withdrawal
of petition
Section 13.8 Results
of Election
a. Initiative
b. Referendum
Section 13.9 Amendment
or Repeal
ARTICLE XIV MISCELLANEOUS
PROVISIONS
Section 14.1 Purchase,
Section 14.2 Fidelity
Bonds
Section 14.3 Right
of Eminent Domain
Section 14.4 Bequests,
Gifts and Donations
Section
14.5 Charter Amendments
Section 14.6 Effect
of State Statutes
Section 14.7 Severability
Section 14.8 Emergency
Powers
Section 14.9 Continuity
of Government
Section 14.10 Titles
and Subheadings
Section 14.11 Construction
of Words
Section 14.12 Indemnification
of Mayor and Council
Section 14.13 Publication
of Ordinances, Notices and Other Documents
ARTICLE XV TRANSITION
PERIOD
Section 15.1 Purpose
of Transitional Provisions
Section 15.2 Effective
Date of Charter
Section 15.3 Continuation
of Present Elected Officials
Section 15.4 Continuation
of Appointed Officers and Employees
Section 15.5 Continuation
of Prior Legislation and Obligations
The Home Rule Charter Commission for the Town of
Objectives
The Charter seeks to achieve the following main purposes:
- to reserve to the
Town of
- to establish a structure for the efficient
and orderly conduct of the Town government while also providing for and
encouraging the fullest possible citizen participation in the affairs of the
Town; and
- to safeguard the
well-being of all inhabitants of the Town and set forth the framework for the
Town's future growth and development as a quality community.
Town government
To accomplish these objectives, the Charter provides for the council-manager form of government.
The policy-making and legislative powers are vested in the Town Council, consisting of the Mayor and six councilmembers elected at large for four-year overlapping terms. Councilmembers are elected on the basis of the largest number of votes received, while the election of the Mayor requires a majority of all the votes cast for that position. The Council may take action through ordinances, resolutions and motions. The Charter establishes procedures to promote the expeditious and efficient handling of Town matters as well as to encourage citizen participation.
The Town Manager is the chief executive and administrative officer of the Town. The Town Manager is appointed by, and serves at the pleasure of, the Town Council.
Financial controls
The Charter imposes strict financial controls to insure responsible use of public funds, and provides for the conduct of the Town business on a balanced budget basis.
Citizen rights
The protection of citizen rights is a major concern of this Charter. Provisions are established for the recall of elected officers, for control of legislation by the people through initiative and referendum, and for amendment of the Charter by popular vote. Also included are provisions requiring Town Council meetings to be open to the public and procedures for notice and publication of ordinances.
Continuing a well established Silverthorne tradition, citizen participation in the Town government is further promoted through service on commissions and boards. This includes a planning commission which provides recommendations for the orderly development, growth and beautification of the Town and adjacent areas, including the regular review and amendment of a comprehensive plan.
Transitional provisions
For an orderly transition to home rule government, the Charter provides for the continuation in office of all present elected officials, appointed officers and employees, and for the continuation of existing legislation and obligations so long as they do not conflict with the Charter.
The Commission believes that this Charter provides a framework for sound and progressive municipal government which will maintain and enhance the quality of life of the citizens of Silverthorne, promote enlightened growth and development of the Town, and continue to be responsive to the needs and interests of the people.
Home Rule Charter Commission members:
Chuck Bear, Chairman
Howard Koontz
Tom Long
Traci McGeehan
Marilyn Repsher
Steve Swanson
Diane Trujillo
John Whelan
PREAMBLE
Municipal home rule is based upon the theory that the
citizens of a municipality should have the right to decide how their local
problems should be solved. Still, the
powers of home rule municipalities are limited by their charters, federal law,
the state constitution, court decisions and legislation enacted by the General
Assembly. It is the primary goal of this
charter document to allow the government of the Town of
ARTICLE I
General Provisions
Section 1.1 Name and Boundaries
The municipal corporation heretofore existing as the Town of Silverthorne, Summit County, State of Colorado, shall remain and continue a body politic and corporate and under this Charter, known as the Town of Silverthorne, 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 municipality to have
under the Constitution and laws of the State of
Section 1.3 Rights and Liabilities
By the name of the Town of Silverthorne, a municipal corporation, the Town shall have perpetual succession; shall own, possess and hold all property, real and personal, heretofore owned, possessed and held by the Town, and may purchase, lease, receive, sell or dispose of such property; assumes 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 assume and shall pay all bonds, obligations and indebtedness of the Town; may sue and defend; may purchase, lease, receive, hold and enjoy, or sell and dispose of real and personal property; may establish municipal utility systems; shall have a common seal and alter the same at pleasure.
Section 1.4 Form of Government
The municipal government provided by this Charter shall
be known as council-manager government.
Pursuant to the Charter provisions and subject only to limitations
imposed by the Constitution and laws of the State of
ARTICLE II
Elections
Section 2.1
Town elections shall be governed by the
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 districts. The Council may by ordinance establish an election commission consisting of the Town Clerk as chair and two additional members to be appointed by the Council, with such powers, duties, terms and qualifications as provided by such ordinance. In lieu of an election commission, the Council may vest any or all of the powers herein granted in the Town Clerk alone.
Section 2.3 Election Day
A regular Town election shall be held on the Tuesday following the first Monday in April commencing in the year 1994, and in each even numbered year thereafter.
Section 2.4 Hours of Voting
Polling places for all Town elections shall be open from
Section 2.5 Nonpartisan Elections
All special and regular elections shall be nonpartisan. No candidate for any municipal office shall run under any party label, unless permitted by ordinance adopted thirty days or more prior to the election.
Section 2.6 Election Precincts
The Town shall constitute one voting precinct, provided that the Council may by ordinance establish for the convenience of voters additional precincts thirty days or more prior to any election. The precincts so established shall remain for subsequent elections unless cancelled or amended by ordinance. Precincts shall be contiguous and compact wherever possible and shall have approximately the same number of voters.
Section 2.7 Nominating Petitions
The nomination petition for each candidate for Mayor or Councilmember shall be signed by not fewer than twenty-five registered electors. Petitions shall be filed with the Town Clerk not earlier than sixty days and not later than twenty-five days before the regular Town election.
Section 2.8 Notice of Election
Prior to each regular, recall or special election, the Town Clerk shall cause to be published, no later than ten days preceding said election, a notice of said election. Said notice shall consist of a list of the candidates together with the offices to be filled, and the questions or propositions to be submitted to the voters. The notice shall be in the same size and form as the official ballot and shall be preceded by a short statement denoting the date and type of election, the hours the polls will be open, and the location of the polling place or places.
Section 2.9 Special Election
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.
Section 2.10 Recall
Every elective officer may be recalled from office after holding office for at least six months. The procedure to effect the recall of any elective officer shall be as follows:
a. A petition shall be signed in accordance with Article XXI Section 4 of the Colorado Constitution. The petition shall contain a general statement of not more than two hundred words setting forth the specific factual reasons for the recall of the officer sought to be removed. The petition shall be filed with the Town Clerk. The only valid grounds for recall are willful misconduct or failure to perform duties.
b. When such petition is filed, the Town Clerk shall notify the Council and the Council shall by resolution call a recall election to be held within ninety days after the filing of the petition, if such petition is found to meet all the requirements of this Charter and the Colorado Constitution.
c. The ballot upon which the proposed recall is submitted shall be prepared by the Town Clerk and shall summarize and state the grounds set forth in the petition for demanding such recall and there shall also be printed thereon the words, "Shall [name of person against whom the recall petition is filed] be recalled from the office of [title of office]?" Following such question shall be the words "Yes" or "No" and a mechanism for indicating the vote for or against such recall.
d. In the event an officer is recalled by a majority vote of those voting on the question, the office shall be deemed vacant and shall be filled as provided in this Charter for the filling of such vacancies, except that the officer recalled shall not be appointed to fill the vacancy.
e. In the event an officer is not recalled after an election pursuant to this Section, no petition for the recall of the same officer for the same reason or reasons shall be accepted for filing by the Town Clerk for a period of six months from the date of the recall election.
ARTICLE III
Town Council
Section 3.1 Elective Officers
The elective officers of the Town shall be a Mayor and six Councilmembers. Councilmembers and the Mayor shall be elected from the Town at large.
Section 3.2 Council Districts
The Council may provide by ordinance adopted at least ninety days prior to any regular Town election for the creation of two or more councilmember districts. Such districts shall be contiguous and compact wherever possible and shall have, as nearly as possible, substantially equal population. At least one councilmember shall be elected from each district by the voters of the entire Town. In the event such districts are created, the Council shall also amend precinct boundaries, if any, to conform to the district boundaries. If at any regular election a district could become unrepresented, then in that event the candidate from that district receiving the larger number of votes shall be elected to represent that district. All other vacancies which may occur at that election shall be filled by the candidates at large receiving the highest number of votes. Should councilmember districts be established pursuant to this Section, each Councilmember who is elected from a district shall also be a resident and registered elector of that district when nominated and elected or appointed. In the event a Councilmember moves out of the district from which he or she was elected, that office shall be deemed vacant and shall be filled as provided by Section 3.6.
Section 3.3 Qualifications of Elective Officers
Each elective officer when nominated and elected or appointed shall be a registered elector of the Town and shall have resided in the Town for one year immediately preceding such election or appointment.
Section 3.4 Powers of the Council
All powers of the Town not otherwise limited or conferred upon others by this Charter shall be vested in the Town Council. The Council shall have the power to enact and provide for the enforcement of all ordinances necessary to protect life, health, safety, welfare and property; to declare, prevent and summarily abate and remove nuisances; to preserve and enforce good government, general welfare, order and security of the Town and the inhabitants thereof; to enforce ordinances and regulations by ordaining fines, imprisonment, public service or any combination thereof; to provide for the granting of probation and the conditional suspension of sentences by the Municipal Court; and to delegate to staff, officials, boards and commissions within limitations of the Colorado Constitution and this Charter, such functions, powers and authority of the Town as it deems proper and advisable. No enumeration or particular powers granted to the Council shall be construed to impair any general grant of power herein contained or granted by the Colorado Constitution, nor to limit any such grant of power.
Section 3.5 Terms of Office
The Mayor and the six Trustees holding office at the time of adoption of this Charter shall remain in office until their current terms expire and their successors are elected as provided in this Section. Any elective officer of the Town may succeed himself or herself in office.
a. The term of office for Mayor, commencing with the election held in the year 1992, shall be for four years. Thereafter, election for the Mayor shall be held at the regular Town election every fourth year.
b. The three members of the current Board of Trustees elected in 1990 shall serve as Councilmembers until the regular Town election in 1994, at which time their tenure shall expire and their successors shall be elected, each for a four-year term of office. The three members of the current Board of Trustees elected in 1992 shall serve as Councilmembers until the regular Town election in 1996, at which time their terms shall expire and their successors shall be elected, each for a four-year term of office.
c. At the
regular Town election in the year 1994 and every two years thereafter, three
members of the Town Council of the Town of
1. Those nominees seeking election for the Town Council who receive the first, second and third largest number of votes each shall be elected for a four-year term of office.
2. It is the intent of this Section that members of the Council serve four-year overlapping terms of office with three Councilmembers elected at each regular Town election.
3. In the event of a tie, there shall be a drawing by lot pursuant to the Colorado Municipal Election Code at the first regular meeting of the Town Council following the election. The winner of said lot drawing shall serve a four-year term. The loser shall be ranked immediately below the winner, for purposes of determining persons elected to the Council under Sections 3.5.c.1 and 3.6.
Section 3.6 Vacancies
a. An elected officer shall continue to hold office until his or her successor is duly qualified. An elective office shall become vacant whenever an elective officer fails or refuses to qualify, dies, resigns, is removed from office, is incapacitated to an extent which prohibits him or her from properly performing his or her duties as an elective officer, is absent continuously from the Town for more than three months without a leave of absence given by a vote of three-fourths of the entire Council in office at the time the vote is taken, is convicted by a court of law of any act constituting misconduct in office or constituting a felony, is judicially declared mentally ill, or moves from the Town of Silverthorne.
b. The existence of a vacancy shall be established by competent evidence thereof placed on record in the Council minutes. The Council shall determine the validity of the evidence and decide when a vacancy exists.
c. Not less than ten days nor more than thirty days after a vacancy in an elective office has been determined to exist by the Council, the remaining Councilmembers shall appoint an eligible person as defined by Sections 3.2 and 3.3, to fill such vacancy to serve until the next regular Town election. Such appointment shall be decided by a majority vote of the members of the Town Council in office at the time the vote is taken. If there will be remaining unexpired time in the term of office for which the appointment was made after the next regular election, then such vacancy for the remaining unexpired time shall be filled by vote of the registered electors at the next regular Town election. At the election, the candidates receiving the first, second and third highest number of votes shall serve terms of four years. The candidate receiving the fourth highest number of votes shall serve a term of two years, to serve the unexpired time in the office for which an appointment was made. Additional unexpired terms caused by additional vacancies, if any, shall be filled by candidates receiving the next highest number of votes.
d. In the event of a vacancy in the office of Mayor, the Council shall fill the vacancy by appointing one of the members of the Council to serve as Mayor until the next Town election. In the event there will be remaining unexpired time in the then current Mayor's term after the next Town election, candidates for the office of Mayor at that election shall run for a four-year term. In such event, the schedule for election of the Mayor by Section 3.5.a shall be superseded by this Section.
Section 3.7 Mayor
The Mayor shall be elected from the Town at large, and must receive a majority of the votes cast for all candidates for that office. In the event no candidate for Mayor receives a majority of the votes cast, a runoff election between the two candidates receiving the two highest number of votes shall be held within ninety days of the Town election. The candidate receiving a majority of votes at the runoff shall be elected Mayor.
The Mayor shall preside at meetings of the Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed by this Charter or by ordinance or other applicable law. The Mayor shall have all the powers, rights and privileges of a Councilmember, excluding therefrom the right to vote. The Mayor shall vote only in the case of a tie. The Mayor shall not be counted as a member of the Council for purposes of achieving a quorum or for calculating the required number of votes to approve any given matter. The Mayor shall have the power to veto any action taken by vote of the Council, within two days of such action. A veto may be overridden by vote of three-fourths of the entire membership of the Council, only at the next regular or special meeting of the Council following the veto. The Mayor shall be recognized as the head of the Town Government for all ceremonial and legal purposes, shall execute and authenticate those legal instruments which require signature by the Mayor, and shall administer (or delegate the administration of) oaths of office. The Mayor (or in his or her absence, the Mayor Pro Tem) shall countersign all checks expending Town funds, except those items identified by ordinance not requiring such signature. In the event of a vacancy in the office of Mayor, the Council shall choose a successor to fill the unexpired term in the manner set forth at Section 3.6 hereof.
Section 3.8 Mayor Pro Tem
A Mayor Pro Tem shall be elected by the Council from its own membership at the first meeting following each regular Town election. 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 of 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 or disability. Any Mayor Pro Tem or Acting Mayor, while serving as such, shall retain all powers granted herein to Councilmembers, including the right to vote on all matters before the Council, but shall not have the power to veto Council actions.
Section 3.9 Conflict of Interest
Neither the Mayor nor any member of the Council shall vote or participate in discussion or deliberation on any question in which he or she has a substantial personal or financial interest, direct or indirect, including an interest held through a spouse or family member, other than the common public interest, or on any question concerning his or her own conduct. In the event the Mayor or any Councilmember has such an interest, he or she shall declare such interest. Whether or not such a declaration is made, the remaining members of the Council shall determine by a majority vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is established, the Mayor or Councilmember affected shall not participate further in the matter, and the remaining Councilmembers shall take any further action they deem to be in the best interests of the Town. This Section and any ordinance adopted in furtherance thereof shall abrogate and replace any common law doctrine on this subject.
Section 3.10 Oath of Office
Before entering upon the duties of his or her office, the Mayor and every Councilmember shall take, subscribe and file with the Town Clerk an oath or affirmation that he or she will support the Constitution of the United States of America, the Constitution of the State of Colorado, this Charter and the ordinances of the Town and will faithfully perform the duties of the office.
Section 3.11 Compensation of Councilmembers
The Mayor and members of the Council shall receive such compensation as the Council shall by ordinance prescribe; provided, however, no increase or decrease in the compensation of any member shall take effect during his or her then present term of office. No Councilmember shall be a salaried employee of the Town during his or her term of office, nor for one year following completion of his or her term of office. Neither the Mayor nor any Councilmember shall perform personal services for the Town during his or her term of office for which he or she is compensated other than as provided in this Section. The Mayor or Councilmembers may, upon order of the Council, be paid such necessary bona fide expenses incurred in service in behalf of the Town as are authorized by the Council within the constraints of the annual budget and appropriation ordinance.
ARTICLE IV
Council Actions
Section 4.1 Form of Action
The Council shall act only by ordinance, resolution or motion. All legislative enactments of a permanent nature shall be by ordinance; all other actions, except as provided in the Charter, may be in the form of resolution or motion. Ordinances, resolutions and motions are not required to be confined to one subject; provided, however, ordinances making appropriations shall be confined to the subject of the appropriation, but may include more than one appropriation.
Section 4.2 Voting
A vote shall be taken upon the passage of all ordinances, resolutions and motions and entered upon the minutes of the Council proceedings. Every ordinance, resolution and motion shall require the affirmative vote of a majority of the members present and constituting a quorum unless otherwise required in this Charter or by ordinance. Except as permitted after the Council has determined a conflict of interest to exist under Section 3.9, abstention shall not be allowed. At the request of any member of the Council, any vote shall be taken simultaneously in a manner prescribed by the Council; provided, however, that the vote of each member shall be publicly announced immediately thereafter.
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 creating an indebtedness extending beyond December 31 of the then current year, referring the question of a tax levy to an election and the establishing of any rule or regulation for the violation of which imprisonment may be imposed, shall be by ordinance and approved by a two-thirds vote of the entire membership of the Council.
Section 4.4 Form of Ordinances
The enacting clause of all ordinances shall be: "THE COUNCIL OF THE TOWN OF
SILVERTHORNE,
Section 4.5 Procedure for Passage of Ordinances
The procedure for passage of an ordinance shall be:
a. First reading: Introduction at a regular or special meeting by any member of Council. The ordinance shall be read in full, or in cases in which copies of the ordinance are available to the public at the meeting, the ordinance may be read by title only. The ordinance shall be approved or disapproved with or without amendment by the Council. If disapproved, the ordinance shall not proceed further. In no event shall any ordinance be introduced at a regular or special meeting by any member of the Council unless the Council has had copies of the entire text of the ordinance available to it at least twenty-four hours prior to said meeting.
b. Publication: Upon approval at first reading, the title only of the ordinance shall be published at least five days prior to the Council meeting at which it will first be considered on second reading (or shall otherwise be made public in a time and manner established by ordinance).
c. Second reading: After approval on first reading, the ordinance shall first be considered on second reading no sooner than five days, and no later than forty-five days, following its adoption on first reading. Ordinances concerning the following matters shall be considered on second reading only after a public hearing, notice of which has been given either separately or as a part of the publication of the title as provided at subsection b above:
1. Adoption of annual budget;
2. Increase of expenditures above budgeted amounts by fund;
3. Zoning, subdivision or planned unit development applications concerning ten or more acres of property; provided, however, that any such matter concerning less than ten acres of property may be rescheduled for a public hearing at the request of Town Staff, or by vote of the Council;
4. As otherwise provided by ordinance.
d. Final publication: After final passage, the ordinance shall be published by title only; provided, however, that in the event the ordinance was substantially amended during second reading, notice of that fact, together with a statement that the full text of the ordinance as amended is available in the office of the Town Clerk, shall be published. The Town Clerk shall determine whether the ordinance has been "substantially amended" within the meaning of this Section, and such determination shall be conclusive and final.
e. Effective date: An ordinance when finally passed shall take
effect and be in force upon adoption at second reading, unless otherwise stated
in the ordinance. Emergency ordinances
shall take effect immediately upon passage.
(Amended by Ord. No. 2001-11,
Section 4.6 Emergency Ordinances
Emergency ordinances for the preservation of public health, welfare, peace, safety or property shall be approved by a majority vote of the Councilmembers present at any meeting at which the said ordinance is introduced. Only one reading shall be required. The facts showing the emergency and need shall be specifically stated in the ordinance itself. No ordinance making, renewing or amending a grant of any franchise, special privilege or fixing rates charged by any Town-owned utility shall be adopted as an emergency ordinance. An emergency ordinance shall take effect upon passage and for informational purposes shall be posted or published by title only in the manner set forth at Section 14.13. A statement in any such ordinance that the Council deems the passage of said ordinance to be for the immediate preservation for the public pe