TOWN OF MILLIKEN

 ORDINANCE NO. 763

 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN,  COLORADO AMENDING SECTION 1-3-50 OF THE MUNICIPAL CODE CONCERNING PUBLICATION OF ORDINANCES AND DECLARING AN EMERGENCY

WHEREAS, the Town of Milliken (the “Town”) is a statutory municipality incorporated and organized pursuant to the provisions of Section 31-2-101, et seq., C.R.S.; and

WHEREAS, Section 31-16-105, C.R.S., grants municipalities the authority to determine at a regular or special election to meet the statutory ordinance publication requirements by publishing ordinances by title only; and

WHEREAS, in accordance with the authority under Title 31, Article 16, C.R.S., the Town presented the following ballot question (“Ballot Question 1B”) to voters at the regular election on April 3, 2018: “Shall the Town of Milliken be authorized to publish ordinances by title only rather than by publishing each ordinance in full, in accordance with Section 31-16-105, Colorado Revised Statutes, thereby substantially reducing the cost incurred in the publication of ordinances, with such publication to include a statement that “The complete text of all ordinances is available at the Town offices and on the Town’s official website?”; and

WHEREAS, Milliken voters approved Ballot Question 1B at the April 3, 2018 regular election with an immediate effective date; and

WHEREAS, the Board of Trustees desires to codify the voters’ approval of Ballot Question 1B through an amendment to Section 1-3-50 of the Municipal Code and declares such enactment to be an emergency in that the Municipal Code currently requires ordinance publication in full in the newspaper and thus conflicts with the voters’ passage of Ballot Question 1B; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN, COLORADO:

Section 1.        Incorporation of Recitals.  The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Town Board.

Section 2.        Amendment of Section 1-3-50 of Milliken Municipal Code. Section 1-3-50 of the Milliken Municipal Code entitled “Publication of ordinances,” is amended as follows, with strikethrough showing deletions and all caps showing additions:

Sec. 1-3-50. - Publication of ordinances.

AFTER THEIR PASSAGE, Aall ordinances, as soon as possible after their passage, shall be recorded in a book kept for that purpose and authenticated by the signature of the Mayor and Town Clerk. All ordinances of a general or permanent nature, and those imposing any fine or forfeiture, shall be published BY TITLE ONLY in a newspaper published within the Town, OR IF THERE IS NONE, IN A NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN. SUCH PUBLICATION SHALL INCLUDE A STATEMENT THAT THE COMPLETE TEXT OF THE ORDINANCE IS AVAILABLE AT THE TOWN OFFICES AND ON THE TOWN OFFICIAL WEBSITE. Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health and safety and containing the reasons making the same necessary in a separate section. The excepted ordinances shall take effect upon their final passage and adoption and the approval and signature of the Mayor, if they are adopted by an affirmative vote of three-fourths (3/4) of the members of the Board of Trustees.

Section 3.        Codification Amendments.  The codifier of Milliken’s Municipal Code is hereby authorized to make such numerical, technical, and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Milliken Municipal Code.

Section 4.        Remaining provisions.  Except as specifically amended hereby, all other provisions of the Milliken Municipal Code and the various secondary codes adopted by reference therein shall continue in full force and effect.

 Section 5.        Emergency Declared. The Board of Trustees finds that the immediate passage of this Ordinance will codify the voters’ approval of Ballot Question 1B, which became effective immediately upon certification of election results, and thus avoid any confusion as to the applicability of Section 1-3-50 of the Municipal Code.  

 Section 6.        Effective Date.  Except as otherwise expressly provided herein, this Ordinance shall become effective immediately upon adoption as provided in C.R.S. § 31-16-105. 

Section 7.        Severability.  Should any one or more sections or provisions of this ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance or of the Municipal Code, the intention being that the various sections and provisions are severable.

Section 8.        Repeal.  Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code provision heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or code hereby repealed prior to the taking effect of this ordinance.

Introduced, read, adopted, signed and ordered published by title only by the Board of Trustees of the Town of Milliken this ___ day of ___________________, 2018.

TOWN OF MILLIKEN

Beau Woodcock, Mayor

ATTEST:                                                                     APPROVED AS TO FORM:

Cheryl Powell, Town Clerk                                        Linda Michow, Town Attorney

Published by title only, together with the statement that “[t]he complete text of all ordinances is available at the Town offices and on the Town’s official website” on _____________, 2018.

___________________

Cheryl Powell, Town Clerk

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