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HomeMy Public PortalAboutOrdinance 503 Amending Chapter 2 Article 2 Regarding Board of TrusteesTOWN OF FRASER ORDINANCE NO. 503 Series 2023 AN ORDINANCE AMENDING CHAPTER 2 ARTICLE 2 OF THE FRASER MUNICIPAL CODE REGARDING BOARD OF TRUSTEES WHEREAS, the Board of Trustees has determined that it is in the public's interest to at times provide options for economic incentives to encourage certain types of private investment or development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 2, Article 2, Division 10, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as str-i•ketl4r-eugh print]: Chapter 2 Sec. 2-2-10. - Board of Trustees; terms, authority, qualifications and vacancies. (a) At the regular municipal election on the first Tuesday of Apri1,1980, six (6) Trustees shall be elected. The three (3) candidates for Trustee receiving the highest number of votes shall be elected for four-year terms, and the three (3) candidates for Trustee receiving the next highest number of votes shall be elected for two-year terms. At the next subsequent regular election and at each regular election thereafter, three (3) Trustees shall be elected to serve four-year terms. (b) Qualifications. Each Trustee shall be a registered elector of the Town who has resided within the Town limits for a period of at least twelve (12) consecutive months immediately preceding the date of thee election; except that, in case of an annexation, any person who has resided within the annexed territory for the time prescribed herein shall be deemed to have met the residence requirements for the Town. (c) Vacancies. In case of a vacancy, the Board of Trustees shall have the power to, by appointment, fill all vacancies in the Board or in any other elected office in accordance with the provisions of Section 31-4-303, C.R.S. The person so appointed shall hold office until the next regular election and until his or her successor is elected and qualified. If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term. Where vacancies exist in the offices of Trustee and successors are to be elected at the next election to fill the unexpired terms, the three (3) candidates for Trustee receiving the highest number of votes shall be elected to four-year terms, and the candidates receiving the next highest number of votes, in descending order, shall be elected to fill the unexpired terms. (Prior code 2-2-1, 2-2-2; Ord. 330 §1, 2007) (d) Notwithstanding any other provision of this Code, the Board of Trustees may negotiate and award to qualifying taxpayers certain incentive payments or credits in accordance with C.R.S. § 31-15-903 and C.R.S. $ 39-30-105.1(6)(b)8,(f), and may allow property owners the ability to pay plant investment fees over time. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 15th DAY OF NOVEMBER, 2023. / Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: 0 IQWN1OF FRASER, COLORADO Votes abstained: 0 BY: Mayor ATTEST: vet, "G`e c� Town Clerk Published in the Middle Park Times on 2