CITY OF THORNTON CITY MANAGER’S OFFICE

COUNCIL UPDATE June 9, 2015

5:45 p.m. Training Room

I. DISCUSSION ITEMS

A. Thornton Water Project Permitting and Project Outreach

B. Water Rates/New Billing System Update

C. Discussion of Charter Amendment Questions

II. COUNCIL MEETING AGENDA ITEMS

III. COUNCIL INFORMATION SHARING

A. Adams County Economic Development Investor Forum Meeting Update by Councilmember Dove

B. DRCOG Metro Vision Meeting Update by Mayor Pro Tem Vigil

C. Metro Mayor’s Caucus Meeting Update by Mayor Williams

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Thornton Water Project Regulatory Outreach

City Council Update June 9, 2015

Northern Colorado Meetings • Greeley – April 3 • Fort Collins – April 10 • Windsor – April 16 • Northern Water – April 20 • Timnath – April 29 • Johnstown – May 19 • Firestone – May 22 • Windsor – May 27 • Larimer County – June 3 • Weld County – June 4

Previously met with Larimer County and Weld County and updated City Council on March 3rd

General Observations • City and town staff and consultants

have been: – Appreciative of up-front contact – Appreciative of Project history and

Thornton approach to Project – Forthcoming and helpful – Helping to identify problematic areas – Helping to find favorable corridors

• City and town staff have suggested alternative alignment studies and public outreach

Fort Collins, Larimer County,

and Timnath interests in Thornton properties

Continuing Outreach • Dacono • Frederick

• Weld 1041

Stakeholder Meetings

• Loveland • Berthoud • Mead • Milliken • Wellington

Conclusion • Better understanding of permitting

processes • Identification of some alignment

preferences • Identification of potential opportunities

for partnerships • Establishing relationships at a staff

level

B

C

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services, including any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including, but not limited to the city’s existing fiber optic network, to residents, businesses, schools, libraries, nonprofit entities and other users of such services, either directly or indirectly with public or private sector partners, as expressly permitted by §§ 29-27-101 to 304, “Competition in Utility and Entertainment Services,” of the Colorado Revised Statutes, without limiting its home rule authority?” Question B: "Shall the City Clerk be directed to provide sample forms and provide information on procedures for petitions; and allow initiative or referendum petitions to be withdrawn prior to 30 days before the election if the majority of signers who are designated as representatives so request; and allow the general or regular election to be a recall election if it is within 90 days of submission of the recall petition amending sections 3.4, Recall from Office, 5.7 Clerk, and 8.16, Miscellaneous Provisions on Initiative and Referendum of the Thornton City Charter?” Question C: "Shall Section 4.5, Vacancy, of the Thornton City Charter, be amended to remove the written ballot provision and permit voting to be done openly by City Council when City Council is filling a vacant council seat?” Question D: “Shall the Charter be updated by deleting references to positions that no longer exist, such as Utilities Director, Utilities Attorney and Utilities Department, and by utilizing updated terminology regarding qualified voter, surety bonds, Career Service Board, and anti-discrimination language with respect to sections 4.17, Power to Make Contracts; 5.1, Departments Created; 5.4, City Manager – Functions and Duties; 5.6, Relationship of Council to Administrative Service; 6.2, Presiding Officer – Qualifications and Compensation; 7.2, Surety bonds; 7.4, Pecuniary Interest Prohibited; 7.6, Anti-Nepotism; 18.3, Right to Organize and Bargain Collectively; and 18.17, Prohibitions, of the Thornton City Charter?” Question E: "Shall Sections 7.1, Career Service System; 8.6, Posting and Publication; and 16.4, Publications, of the Thornton City Charter be amended to delete the reference to newspapers and require City Council to establish by ordinance the publication requirements for the City?” Question F: “Shall a new Section 8.17, Single Subject Requirement – Initiated and Referred Measures, be added to the Thornton City Charter that requires any initiative or referendum on a municipal ballot to contain only one subject similar to the requirement in the State constitution for state ballot issues?” The ballot questions that were removed from the June 2, 2015 draft ordinance are below. Question A: "Shall Section 1.1 of the Thornton City Charter, Name and Boundaries, be amended to clarify that Thornton may include land in multiple counties?” Question F: "Shall Section 5.3, City Manager – Appointment and Qualifications, of the Thornton City Charter be amended to allow City Council to establish by resolution a schedule for appointment of a City Manager when there is a vacancy?” Question G: "Shall Section 5.3, City Manager – Appointment and Qualifications, of the Thornton City Charter be amended to add the provisions of Section 5.5, Acting City Manager, to this section and

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require the City Council to appoint an Acting City Manager if there is a vacancy and require the City Manager to appoint an Acting City Manager if the City Manager is an absent from the office?” Question L: "Shall Section 7.6, Anti-Nepotism, of the Thornton City Charter be amended to require domestic partners or persons in civil unions with elected officials or the City Manager be subject to the anti-nepotism requirements?” Question O: “Shall the title of Chapter XV of the Thornton City Charter be amended from ‘Franchises’ to ‘Use of Public Property’ to more accurately reflect all the provisions in Chapter XV?”

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ORDINANCE NO.:____________ INTRODUCED BY:____________ AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF THORNTON, COLORADO PROPOSED AMENDMENTS TO CHAPTERS 3, 4, 5, 6, 7, 8, 16, AND 18 OF THE CHARTER OF THE CITY OF THORNTON, COLORADO, REMOVING POSITION TITLES OR BOARDS THAT ARE NOT IN USE, CLARIFYING THE CITY CLERK’S DUTIES IN RECALL, INITIATIVE, OR REFERENDUM ELECTIONS, REQUIRING THE MUNICIPAL COURT JUDGES TO BE REGISTERED ELECTORS OF THE CITY, ALLOWING INSURANCE IN LIEU OF SURETY BONDS FOR OFFICERS AND EMPLOYEES, ADDING A SINGLE SUBJECT REQUIREMENT FOR INITIATED OR REFERRED BALLOT QUESTIONS, REQUIRING CITY COUNCIL TO SET PUBLICATION REQUIREMENTS BY ORDINANCE, AND UPDATING ANTI-DISCRIMINATION LANGUAGE; AND A BALLOT ISSUE TO RE-ESTABLISH THE CITY’S AUTHORITY TO PROVIDE HIGH-SPEED INTERNET SERVICES, TELECOMMUNICATIONS SERVICES, CABLE TELEVISIONS SERVICES, INCLUDING HIGH BANDWIDTH SERVICES UTILIZING COMMUNITY OWNED INFRASTRUCTURE EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY § 29-27-101 to 304 OF THE COLORADO REVISED STATUTES, WITHOUT LIMITING ITS HOME RULE AUTHORITY AND WITHOUT RAISING TAXES, FOR THE NOVEMBER 3, 2015 REGULAR ELECTION.

WHEREAS, the City of Thornton, in the County of Adams and State of Colorado (the “City”), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes requires the City to submit any Charter amendment to the City’s electors; and WHEREAS, the Council now determines it necessary and desirable to submit Charter amendments to the electors of the City at the regular municipal election to be held November 3, 2015; and WHEREAS, Adams County (the “County”) is conducting on November 3, 2015, a coordinated election pursuant to Section 1-7-116, Colorado Revised Statutes; and WHEREAS, pursuant to Section 3.3 of the City Charter, and Sections 1-1-102 and 31-10-102.7, Colorado Revised Statutes, the Council elects to utilize the Uniform Election Code for the purpose of participating in the coordinated election on November 3, 2015; and WHEREAS, the Charter of the City of Thornton has been in existence since 1967; and

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WHEREAS, the Charter has been amended by the Thornton electorate in 1972, 1977, 1979, 1981, 1989, 1991, 1993, 1995, 1997, 1999, 2001, 2004, and 2013; and WHEREAS, the City Council has further reviewed and analyzed the Charter, and believes that certain proposed changes as set forth herein are in the best interests of the City; and WHEREAS, the City Council desires to amend Chapters 3, 4, 5, 6, 7, 8, 16, and 18 to remove position titles or boards that are not in use, clarify the City Clerks duties in recall, initiative or referendum elections, require ballot issues to have a single subject, require the Municipal Court Judges to be registered electors of the State, allow insurance in lieu of surety bonds for officers and employees, require City Council to set publication requirements by ordinance, and update anti-discrimination provisions in the fire collective bargaining chapter; and WHEREAS, to foster job creation and a stronger economic development infrastructure for the City, the City Council desires to ask the voters to restore to the City the authority to provide high-speed Internet services (advanced services), telecommunications services, cable television services, including any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including, but not limited to the city’s existing fiber optic network, to residents, businesses, schools, libraries, nonprofit entities and other users of such services, either directly or indirectly with public or private sector partners, as expressly permitted by §§ 29-27-101 to 304, “Competition in Utility and Entertainment Services,” of the Colorado Revised Statutes, without limiting its home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: Section 1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-104, Colorado Revised Statutes. Section 2. At the regular election on November 3, 2015, there shall be submitted to the eligible electors of the City the following amendments to the Thornton City Charter: [Words underlined will be added and words stricken will be deleted] 3.4. RECALL FROM OFFICE. (a) Any person holding elective office may be recalled at any time after six months in office pursuant to the procedures set forth in this Charter, in those State statutes, as from time to time amended, which do not conflict with this Charter and which establish procedures for the recall of municipal elective officers, and in those City ordinances which do not conflict with the Charter or those State statutes. (b) A recall petition must be signed by registered electors of the City numbering at least twenty-five percent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be recalled occupies. For the

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purpose of this Section, the “last preceding election” shall be the last preceding election at which the person sought to be recalled was elected to office, unless the person sought to be recalled was appointed to fill a vacancy, in which event it shall be the last preceding election at which the person who created the vacancy was elected to office. (c) No signature on a recall petition shall be valid if signed on a date more than sixty days prior to the date the signed petition is filed with the City Clerk. (d) No recall election shall be held if the person sought to be recalled occupies one of the offices to be filled at a regular election which is scheduled within ninety days after submission of the recall petition. (e) After one recall petition and election, no further petition shall be filed against the same person during the term for which such person was elected or appointed, unless the signers number at least fifty percent of the votes cast at the last preceding election for all candidates for the office held by such person, the number to be determined in the manner described in this Section. (f) A copy of the recall petition shall be filed with the City Clerk prior to any signatures being placed on the petition. The City Clerk shall provide, upon request, sample forms of petitions which conform to the requirements of this Charter. (g) The officer with whom any protest is filed shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. Upon failure of any witness to obey the subpoena, the officer may enforce the subpoena as provided by ordinance or may petition the Municipal Court and, upon proper showing, the Court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of Court shall be punishable as a contempt of court. (h) Except as to requirements contained in this Charter, in the State statutes, as from time to time amended, applicable to the recall of municipal elective officers, and in City ordinances, the form, content, approval and other petition requirements in the municipal initiative statutes, as from time to time amended, shall apply as nearly as practicable to recall petitions. (i) If a regular Municipal election is scheduled to be held within ninety (90) days after submission of the recall petition, even though that election is not the one at which the office held by the person sought to be recalled would otherwise be filled, the recall election shall be held at the same time as that regular Municipal election. (j) If a general statewide election is scheduled to be held within ninety (90) days after submission of the recall petition, the recall election shall be held at the same time as that statewide election. (k) A recall petition may be withdrawn at any time prior to thirty (30) days preceding the day scheduled for a vote, by filing with the City Clerk a written request for withdrawal signed by a majority of the persons who are designated in the petition as representing the signers on matters affecting the petition. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. 4.5. VACANCY. If a vacancy occurs in the office of Mayor or Councilmember, the Council shall appoint an eligible person to fill such vacancy to serve the remainder of the term of office that was vacated. Such appointment shall be by written ballot and by a majority of the members of the Council in office at the time. A vacancy shall exist when

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an elective officer fails to qualify, dies, resigns, is removed from office, moves from the City, moves from the ward from which elected, is incapacitated or is absent continuously therefrom for more than three (3) months, is convicted of a felony, or is judicially declared mentally incompetent. That such cause of vacancy exists shall be established by competent evidence thereof and placed on record in the Council minutes. The Council shall determine the validity of the evidence and, based on its determination, decide when a vacancy exists. 4.17. POWER TO MAKE CONTRACTS. (a) The Council may enter into contracts and leases on behalf of the City and may, by ordinance, delegate such power to officers or employees of the City subject to limits specified within the ordinance. All written contracts, to which the City is a party, including utilities contracts, shall be approved as to form by the City Attorney and all utilities contracts shall also be approved as to form by the Utilities Attorney, if any, before final approval. All written contracts to which the City is a party shall be reviewed as to substance by the City Manager, except that utilities contracts shall be reviewed as to substance by the Utilities Director, before final approval. (b) The Council may make contracts or spend money for capital improvements including those financed in whole or in part by issuance of bonds, and may make contracts or leases or contracts for services for a period exceeding the budget year in which such contract or lease is made, if otherwise not prohibited under this Charter. The City may enter into long term contracts or leases. (c) Except for contracts issued for acquiring water and rights thereto, or for acquiring, improving, or extending a municipal water system and except for long term rentals and leaseholds entered into pursuant to Section 11.7, any contract which is made for a period exceeding the budget year in which it is made and which contains an express statement that the full faith and credit of the City is pledged for its payment shall be subject to the election requirement of Section 11.2(a) and the debt limitation of Section 11.3. 5.1. DEPARTMENTS CREATED. The administrative functions of the City shall be performed by the Utilities, and such other departments as are or may be established by this Charter or ordinances of the City. 5.6. RELATIONSHIP OF COUNCIL TO ADMINISTRATIVE SERVICE. Neither the Council nor any of its members shall dictate the appointment of any person to office by the City Manager or in any way interfere with the City Manager or other City officer to prevent the City Manager from exercising judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager or Utilities Director.

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5.7. CLERK - FUNCTIONS AND DUTIES. (a) The City Clerk shall be the Clerk of the Council and shall attend all meetings of the Council and shall keep minutes of its proceedings in the English language, and shall be appointed and removed by the City Manager with the approval of the Council. (b) The Clerk shall be custodian of the City seal and shall affix it to all documents and instruments requiring the seal, and shall attest the same. The Clerk shall also be custodian of all papers, documents, and records pertaining to the City, the custody of which is not otherwise provided for. (c) The Clerk shall certify by signature all ordinances and resolutions enacted or passed by the Council. (d) The Clerk shall provide, upon request, information on procedures for all petitions required to be filed for any purpose by the provisions of this Charter, but nothing herein shall permit the Clerk to provide legal advice. (de) The Clerk shall have power to administer oaths of office. (ef) The Clerk shall perform such other duties as may be prescribed by this Charter, by the Council or by the City Manager. 6.2. PRESIDING OFFICER - QUALIFICATIONS AND COMPENSATION. The Municipal Court shall be presided over and its functions exercised by one or more judges, who are registered qualified electors of the State of Colorado, at least twenty-five (25) years of age, and licensed to practice law by the Supreme Court of the State of Colorado, appointed by the Council to serve at the pleasure of the Council. The Council shall designate the presiding judge. Each judge shall receive a fixed salary or compensation, not dependent upon the outcome of the matters to be decided, and to be fixed by the Council from time to time. In the event all regularly appointed judges are absent, disqualified or unable to act in any matter or case, the presiding judge or, in the absence of the presiding judge, the Mayor, may call any eligible person to act and serve temporarily. (a) The Council shall provide a suitable place and all supplies and things necessary for the proper functioning of the Court. (b) The forms of the complaint and all other rules, procedures and proceedings in the Municipal Court shall be fixed by the presiding municipal judge. The court costs, fines, surcharges, assessments and fees in the Municipal Court shall be prescribed by the Council by ordinance or resolution after receiving the recommendation of the presiding judge.

7.1. CAREER SERVICE SYSTEM.

(d) The Council shall annually enact a pay plan for all positions in the Career Service System. The Council shall before adopting a pay plan, conduct a public hearing on the pay plan. At said hearing any employees or agents or representatives of employees, including unions, may appear in addition to any other interested parties. Prior to said hearing, each employee shall be given written notice of the hearing. A notice advertising the public hearing shall be published in a manner set forth by ordinance in the City's newspaper designated for legal publications at least ten (10) days before said hearing

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and said notice posted in six (6) public places as provided for by resolution of the Council.

7.2. SURETY BONDS. Except as otherwise provided in this Charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council shall, before they enter upon the duties of their respective offices, file with the City an official bond, in such form and amount as the Council shall direct and approve. Such official bond of every officer and employee shall be conditioned that the officer or employee will on demand deliver over to any successor in office, or other proper officer or an agent of the City, all books, papers, monies, effects, and property belonging thereto, or appertaining to the office, which may be in custody as an officer or employee; and such bonds may be further conditioned as the Council shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that the officer will, on demand, pay over or account for to the City, or any proper officer or agent thereof, all monies received as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of, City employees and officers. The requirements of this paragraph may also be met by the purchase of one or more blanket crime insurance policies covering all, or a group of, City employees and officers as determined by the City Manager. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City. The Clerk shall be custodian of all bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk. In the event the offices of the Clerk and Treasurer are held by the same person, then the City Manager shall be custodian of any bonds pertaining to the Clerk and Treasurer 7.4. PECUNIARY INTEREST PROHIBITED. (a) No contract or purchase involving an amount in excess of one hundred dollars ($100.00) shall be made by the City in which an elective or appointive officer or any member of the officer’s family has any pecuniary interest, direct or indirect. For the purposes of this Section 7.4 only, a “contract” shall include any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the City for a valuable consideration to be paid by the City or sold or transferred by the City, except the provision of personal services within the scope of employment as an officer of the City; the term “member of the officer’s family” shall include spouse, children, and the spouse of any of them, and such other persons or classes of persons as may be provided by ordinance; and the term “officer” means each member of the City Council, each Municipal Judge, the City Manager, and the City Attorney, the Utilities Attorney, if any, and the Utilities Director. 7.6. ANTI-NEPOTISM. The following relatives and their spouses (a) of any elective official or spouse, or (b) of the City Manager or spouse, or (c) the Utilities Director or spouse, are disqualified from holding any appointive office during the term for which said elective official was elected or during the tenure of office of the City Manager and Utilities Director, respectively; child, grandchild, parent, grandparent, brother, sister, half

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brother and half sister. All relationships shall include those arising from adoption. This Section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the City at the time of the election of said elective official or the appointment of said City Manager or Utilities Director.

8.6. POSTING AND PUBLICATION.

The full text of each ordinance after passage on first reading and before second reading and final passage, and after second reading and final passage, shall be posted in six (6) public places in the City as such places are designated by resolution of the Council. The title of each ordinance and a statement that the ordinance is on file in the City Clerk's office for public inspection shall be published in a manner set forth by ordinancea newspaper legally qualified for City publications as provided in this Charter after first passage and before second passage and again after second and final passage.

8.16. MISCELLANEOUS PROVISIONS ON INITIATIVE AND REFERENDUM. (a) The presentation to the Council by the Clerk of a valid and sufficient referendum petition containing a number of signatures of registered electors of the City equal to ten (10) percent of the number of persons who were registered electors of the City as of the date of the last regular Municipal election, which signatures have been obtained within twenty-one (21) days before the date of filing the petition with the Clerk, shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors. (b) An ordinance adopted by the electorate through initiative proceedings may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any ordinance may be adopted, amended, or repealed at any time by appropriate referendum or initiative procedure in accordance with the foregoing provisions of this Chapter or if submitted to the electorate by the Council on its own motion. (c) If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern. (d) The Council, on its own motion, may submit any proposed ordinance or question to a vote of the registered electors at any regular or special election. (e) The City Clerk shall provide, upon request, sample forms of initiative and referendum petitions which conform to the requirements of this Charter. (f) An initiative or referendum petition may be withdrawn at any time prior to thirty (30) days preceding the day scheduled for a vote, by filing with the City Clerk a written request for withdrawal signed by a majority of the persons who are designated in the petition as representing the signers on matters affecting the petition. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.

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8.17. SINGLE SUBJECT REQUIREMENT – INITIATED AND REFERRED MEASURES. (a) No measure proposing an amendment to the ordinances of the City by means of a petition for initiative or referendum shall be submitted to the registered electors of the City if the measure contains more than one subject. (b) The City Clerk shall approve for petition circulation measures proposing referred ordinances or initiated ordinances only when such measures contain a single subject. (c) As used in this section, the single subject requirement means that the matters in the measure submitted for voter approval are necessarily or properly connected and are not disconnected or incongruous. 16.4 PUBLICATIONS.

The City Council shall, by ordinance, establish publication requirements for a newspaper to be legally qualified for City publications.

18.3. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY. (a) Fire fighters shall have the right to bargain collectively with the City and to be represented by an employee organization in such collective bargaining respecting wages, rates of pay, hours, grievance procedure, working conditions and all other terms and conditions of employment, except pensions and the public and management rights contained in Subsection (b) herein. (b) Public and Management Rights. The following are the inherent and exclusive rights of the City and these shall not be the subjects of collective bargaining: (i) To direct the work of its employees; (ii) To hire, promote, demote, classify, evaluate and retain employees in positions with the City; (iii) To demote, suspend and discharge or otherwise discipline employees for proper cause; (iv) To transfer, assign and schedule employees, but nothing contained in this Paragraph (iv) shall prohibit bargaining over scheduling and the procedures for transfer and assignment; (v) To determine whether to layoff employees because of lack of work, lack of funds, or for other legitimate reasons, provided that nothing contained in this Paragraph (v) shall prohibit bargaining over the process used to determine how any layoff will be accomplished; (vi) To determine and implement the methods, equipment, facilities and other means and personnel by which municipal operations are to be conducted, and to take the steps it deems necessary to maintain the efficiency and safety of said operations and of the personnel engaged therein; and (vii) To determine its budget, organization, and the merits, necessity and level of any activity or service provided by the City, provided, however, that nothing contained in Paragraphs (vi) and (vii) shall prohibit bargaining over minimum manning requirements. This Subsection (b) shall not be construed as limiting, diminishing or repealing in any way the Career Service System Board provisions appearing in Chapter VII of this Charter.

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18.17. PROHIBITION. (a) No fire fighter or person seeking admission as a fire fighter shall be appointed, promoted, reduced, removed or in any way favored or discriminated against because of race, of sex, of political or religious opinions or other affiliations or non- affiliations or in violation of Federal, State, or the City’s anti-discrimination laws; provided that it shall be permissible and it shall not be in violation of this Charter for the City to enter into an agreement with the bargaining agent of the fire fighters which requires the payment by fire fighters to said bargaining agent of an amount not to exceed the normal dues and assessments required of members of said bargaining agent if a majority of the fire fighters voting in an election conducted by the Election Commission, approve including such a provision in any collective bargaining agreement entered into between the City and said bargaining agent. (b) Fire fighters shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on the matters of wages, benefits, and other terms or conditions of employment. Members of the bargaining unit shall also have the right to refuse to join or participate in any activities of employee organizations and shall have the right to represent themselves individually and have individual grievances adjusted without resort to employee organizations; provided, however, that a representative of the bargaining agent shall have the right to be present in any such adjustments which deal with the provisions of the collective bargaining agreement, and any resolution reached as a result of such individual representation or grievance must be in accord with the terms of any collective bargaining agreement actually in effect and applicable to such bargaining unit members. Except as provided in Paragraph (a) of this Section, neither the City, nor any member of the bargaining unit, nor any employee organization, nor any officially recognized bargaining agent shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of the exercise of the foregoing rights. 18.19. IMPACT UPON CAREER SERVICE BOARD SYSTEM. This Chapter shall not in any way be construed to expand, modify, delete, circumscribe or alter the powers and duties of the Career Service Board System established pursuant to Chapter VII of this Charter except as specifically stated herein, to wit, Sections 7.1.(c) and 7.1.(d) shall not apply to fire fighters upon the certification of a bargaining agent pursuant to Section 18.4. herein and furthermore that all other provisions of Section 7.1 shall remain in effect for fire fighters only until modified by or included in a collective bargaining agreement between the City and the bargaining agent. No rule or regulation of the Career Service System either in effect at the time of the adoption of this Chapter or thereafter adopted by the Career Service Board shall be enforced or applied as to any fire fighter covered by a collective bargaining agreement arrived at pursuant to this Chapter XVIII where to do so would contravene the terms of such a collective bargaining agreement. In the event of any conflict between a rule or regulation of the Career Service Board System and a collective bargaining agreement, the provision of the collective bargaining agreement shall control and supersede said rule or regulation.

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Section 3. No amendments are proposed by this ordinance to those sections, subsections, paragraphs, or subparagraphs of the Charter which do not appear in Section 2 of this ordinance. Section 4. The official ballot and official absentee ballot shall contain the following ballot titles which shall also be the designation and submission clauses for the measures, and which shall appear as a question on the ballot as stated below: Question A: “Shall the City of Thornton, without increasing taxes, re-establish its authority to provide high-speed Internet services (advanced services), telecommunications services, cable television services, including any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including, but not limited to the city’s existing fiber optic network, to residents, businesses, schools, libraries, nonprofit entities and other users of such services, either directly or indirectly with public or private sector partners, as expressly permitted by §§ 29-27-101 to 304, “Competition in Utility and Entertainment Services,” of the Colorado Revised Statutes, without limiting its home rule authority?”

Question B: "Shall the City Clerk be directed to provide sample forms and provide information on procedures for petitions; and allow initiative or referendum petitions to be withdrawn prior to 30 days before the election if the majority of signers who are designated as representatives so request; and allow the general or regular election to be a recall election if it is within 90 days of submission of the recall petition amending sections 3.4, Recall from Office, 5.7 Clerk, and 8.16, Miscellaneous Provisions on Initiative and Referendum of the Thornton City Charter?” Question C: "Shall Section 4.5, Vacancy, of the Thornton City Charter, be amended to remove the written ballot provision and permit voting to be done openly by City Council when City Council is filling a vacant council seat?” Question D: “Shall the Charter be updated by deleting references to positions that no longer exist, such as Utilities Director, Utilities Attorney and Utilities Department, and by utilizing updated terminology regarding qualified voter, surety bonds, Career Service Board, and anti-discrimination language with respect to sections 4.17, Power to Make Contracts; 5.1, Departments Created; 5.4, City Manager – Functions and Duties; 5.6, Relationship of Council to Administrative Service; 6.2, Presiding Officer – Qualifications and Compensation; 7.2, Surety bonds; 7.4, Pecuniary Interest Prohibited; 7.6, Anti-Nepotism; 18.3, Right to Organize and Bargain Collectively; and 18.17, Prohibitions, of the Thornton City Charter?”

Question E: "Shall Sections 7.1, Career Service System; 8.6, Posting and Publication; and 16.4, Publications, of the Thornton City Charter be amended to delete the reference to newspapers and require City Council to establish by ordinance the publication requirements for the City?” Question F: “Shall a new Section 8.17, Single Subject Requirement – Initiated and Referred Measures, be added to the Thornton City Charter that requires any initiative or

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referendum on a municipal ballot to contain only one subject similar to the requirement in the State constitution for state ballot issues?” Section 5. If a majority of all votes cast at the election are in favor of the question, that Charter amendment shall be approved. Section 6. The City Clerk is hereby directed to publish notice of the election upon the foregoing amendment as required by the Colorado Constitution and Statutes, and the Charter and the Code of the City of Thornton, Colorado. Section 7. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. Section 8. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 9. The amendment to the Thornton City Charter described in Section 2 shall take effect on the date of the filing in accordance with Section 10 below. Section 10. Within twenty (20) days after the approval of the Charter amendment, the City Clerk shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment. Section 11. All ordinances or parts of ordinances of the City Code of the City of Thornton, Colorado, in conflict herewith shall be repealed at the time any of the amendments to the Thornton City Charter take effect. Section 12. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 13. This ordinance shall take effect upon final passage. INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, this day of _________________, 2015.

PASSED AND ADOPTED on second and final reading this day of _________________, 2015.

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CITY OF THORNTON, COLORADO Heidi M. Williams, Mayor ATTEST: Nancy A. Vincent, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERK'S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on , 2015, and after second and final reading on , 2015.