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8202 - SUBMITTING to the electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 7, 2017, the question of amending Section 9 of the Boulder City Charter to extend the authorization for executive sessions from1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8202 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2017, THE QUESTION OF AMENDING SECTION 9 OF THE BOULDER CITY CHARTER TO EXTEND THE AUTHORIZATION FOR EXECUTIVE SESSIONS FROM DECEMBER 31, 2017 THROUGH DECEMBER 31, 2023; RESTRICT THE PURPOSE OF EXECUTIVE SESSIONS; CHANGE THE NOTICE REQUIREMENTS TO SPECIFICALLY CONFORM TO STATE LAW; SETTING FORTH THE BALLOT TITLE; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A municipal coordinated election will be held in the city of Boulder, county of Boulder and state of Colorado, on Tuesday, November 7, 2017. Section 2. At that election, a question shall be submitted to the electors of the city of Boulder that will allow voters to consider the following amendment to Section 9 regarding executive sessions for purposes of discussing legal advice related to the operation of a municipal electric utility and the litigation related thereto. The material to be added to the Charter is shown by double underlining and material to be deleted is shown stricken through with solid lines Section 3. Section 9 of the Charter shall be amended as follows: 9. - Meetings of Council. All meetings of the council or committees thereof shall be public. However, the council may meet in executive session exclusively for the purpose of obtaining and discussing legal advice, including negotiation strategy, with respect to Boulder's municipal electric utility; .r. i•e• h. eve h - . n in 1 •e e'.ti.tion strategy rola ;_tc�lectric franchises or other settlement discussions that would terminate. iI.cj's effort to operate an enendent municipalelectric utility. K SCCCOV:1-8202 2nd Rdg-2615,doc 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All executive sessions shall be conducted according to state law. The following additional special procedural rules shall apply to every executive session: (a) No final action may be taken in an executive session. (b) An executive session shall be initiated only by a 2/3 vote of those council members present at a council meeting. (c) All executive sessions shall be recorded in their entirety. (d) During the_pendency of any litigation relating_to munici ali atignthe city council may._by unn nimous vote, release aAny recording of an executive session shall be • - - or as otherwise provided by state law. No sooner than six months after the conclusion of all litigation relating., tomunicipalization h city council may by a majority vote release portions of the recordings of any executive session (e) Any executive session shall be part of a public meeting with the public being excluded only from that portion of the meeting strictly necessary for the purpose of obtaining and discussing legal advice, including negotiation strategy. The notice of the executive session shall include identification of the matter to be discussed in as mc •e .il . • s i'le i h.0 c. . . 'n the .urnose for which the executive session is authorized (f) Each council member shall have an affirmative duty to prevent any discussion of any subject other than those strictly necessary for the purpose of obtaining and discussing legal advice, including negotiation strategy. If during any executive session, any two council members express the opinion that the subject being discussed is not strictly necessary for the purpose of obtaining and discussing legal advice, including negotiation strategy, the discussion shall cease immediately. At such time, council shall either end the executive session or return to a discussion necessary for the purpose of obtaining and discussing legal advice, including negotiation strategy. (g) This provision is adopted because of the unique and complex circumstances related to the potential creation of a municipal electrical utility. The adoption of this provision is not intended to establish a precedent for executive sessions for any other purpose. The authority to hold executive sessions shall expire on December 31, 20234-7. The council shall cause to be kept a complete journal of its proceedings and, except with reference to the journal of executive sessions, any citizen shall have access to the same at all reasonable times. Section 4. The official ballot shall contain the following ballot title, which shall also be the designation and submission clause for the measure: K \CCCOIo-8202 2nd Rdg-2675 doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ballot Question No. Charter Provisions Related to Municipalization Shall Section 9 of the Charter be amended pursuant to Ordinance 8202 to: (1) amend the requirements for notices of executive sessions regarding legal advice and negotiation strategy regarding municipalization to align processes more closely with state law; and (2) prohibit any discussions about negotiating a franchise or other settlement discussions that would terminate Boulder's effort to operate an independent municipal electric utility; and (3) extend the authority to hold executive sessions until December 31, 2023. For the Measure Against the Measure Section 5. If this ballot measure is approved by the voters, the Charter shall be so amended, and the City Council may adopt any necessary amendments to the Boulder Revised Code to implement this change. Section 6. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this ordinance. Section 7. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 8. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. K 1CCCOlo-6202 2nd Rdg-2675.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 15th day of August, 2017. Attest: Lynne Beck City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 5th day of September, 2017. Attest: Le Lynnee Beck City Clerk K:ICCCOIo-8202 2nd Rdg-2675.doc Suzanne Jones Mayor _r'