The City shall have the right of eminent domain within or without its corporate limits as provided by the State Constitution and the statutes.

The power to supersede any law of this state now or hereafter in force, insofar as it applies to local or municipal affairs shall be reserved to the City, acting by ordinance, subject only to restrictions of Article XX of the state Constitution.

(a) The City shall not sell or dispose of municipally owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. Any real property acquired by the City as open space is deemed to be in use for a public purpose.

(b) Land dedicated as open space or acquired using open space sales and use tax revenues.

(1) No land dedicated as open space or acquired using open space sales and use tax revenues shall incur a change in use from an open space use to a non-open space use until approval of such change by the city council. Such approval shall be given only after such change has first been considered by the open space and trails advisory committee at a public hearing held with notice provided to property owners within 500 feet of the property proposed for a change in use, notice by posting a sign on the property proposed for a change in use at least ten days in advance of the hearing, and published at least ten days in advance in a newspaper of general circulation in Broomfield, giving the location of the land in question and the intended change in use. Such hearing by the open space and trails advisory committee shall be held not more than 60 days after the change in use has been proposed. In the event that the open space and trails advisory committee no longer exists, then the city council meeting at which the change in use is considered shall comply with these same notice requirements. Regardless of whether the proposed change in use occurs through ordinance, no change in use approved by the city council shall occur until 90 days following the date of city council approval of such change. Within said 90-day period, a petition meeting the requirements of Section 7.2, except that 90 days shall be allowed for the submission of the petition, may be submitted to the city clerk requesting that the proposed change in use be reconsidered by Council. If such petition is submitted, the proposed change in use shall be suspended and Council shall reconsider the proposed change in use. Unless Council, upon reconsideration, disapproves said change of use in its entirety, no change in use shall become effective unless approved by a majority of the registered electors voting thereon at an election to be held in accordance with the provisions of Section 7.2.

(2) Any change in use of land that has been dedicated as open space or has been acquired using open space sales and use tax revenues shall require payment of just compensation to the Open Space Fund. Nothing contained herein shall be construed to alter the mandates of the ballot question passed by the electors on November 6, 2001 requiring that 80% of the .25% sales and use tax collected be spent on the acquisition, protection, improvement and long term maintenance of open space, natural areas, wildlife habitat and trails.

(3)(A)  For purposes of this section, "Open space" means parcels intentionally protected from development and set aside for unstructured recreation and the appreciation of natural surroundings. They may contain trailheads and trails, fishing facilities, wildlife viewing areas, and other facilities that support uses compatible with site resources and conditions.

(B)  For purposes of this section, a "change in use" shall not include the following exceptions for public roads and rights of way, utility lines or transmission devices, changes to allow for the extraction of minerals, or changes involving less than one acre of land. If such exceptions, excluding extraction of minerals, utilize land dedicated as open space or purchased by the open space sales and use tax fund, just compensation shall be made to the open space sales and use tax fund. To the extent permitted by law, these exceptions shall be determined by city council in a public proceeding.
(c) Open space land acquired by other means than by dedication or purchase with monies from the open space sales and use tax fund. No open space land acquired by other means than dedication or purchase with monies from the open space sales and use tax fund shall incur a change of use until approval of such change by the city council. Such approval shall be given only after such change has first been considered by the open space and trails advisory committee at a public hearing held with notice provided to property owners within 500 feet of the property proposed for a change in use, notice by posting a sign on the property proposed for a change in use at least ten days in advance of the hearing, and published at least ten days in advance in a newspaper of general circulation in Broomfield, giving the location of the land in question and the intended change in use. Such hearing by the open space and trails advisory committee shall be held not more than 60 days after the change in use has been proposed. In the event that the open space and trails advisory committee no longer exists, then the city council meeting at which the change in use is considered shall comply with these same notice requirements. Upon approval by the city council, the proposed change of use shall become final. (Amendment passed 11/7/06).

Council, on behalf of the City, may receive or refuse bequests, gifts and donations of all kinds of property in fee simple or trust for public, charitable, or other purposes, and do all things and acts necessary to carry out the purpose of such gifts, bequests, and donations with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust.

If any provision, section, article or clause of this Charter or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or application of the Charter which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is declared to be severable.

This Charter may be amended at any time in the manner provided by statute. Nothing herein contained shall be construed as preventing the submission to the people of more than one Charter amendment at any one election. If provisions of two or more proposed amendments adopted or approved at the same election conflict, the amendment receiving the highest affirmative vote shall become effective.

Except as otherwise specifically provided or indicated by the context hereof, all words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for which provision is made herein. The singular number shall include the plural, the plural shall include the singular and the masculine gender shall extend to and include the feminine gender and neuter, and the word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as to individuals.

As used in this Charter, the following words and phrases shall have the following meaning:

(a) Appropriation. The authorized amount of monies set aside for expenditure during a specified time for a specific purpose.

(b) City. City of Broomfield, Colorado, a municipal corporation.

(c) Council. The City Council of the City of Broomfield.

(d) Manager. The City Manager of the City of Broomfield appointed pursuant to this Charter.

(e) Franchise. An irrevocable privilege granted by the City permitting a specified use of public property for a specified length of time.

(f) Employee. A person employed by the City of Broomfield.

(g) General Municipal Election. A municipal election held every two years at which candidates for elective offices of the City are voted upon in accordance with this Charter.

(h) Public Utility. Any person, firm or corporation operating heat, power or light systems, communication systems, water, sewer or scheduled transportation systems, and serving or supplying the public under a franchise granted by the City.

(i) Officer and/or Official. Any person elected to office or appointed by Council, including appointees to boards and commissions.

(j) Constitution. The Constitution of the State of Colorado.

(k) Statutes. The applicable laws of the State of Colorado as they now exist or as they may be amended, changed, repealed or otherwise modified by legislative procedure.

(l) Elector. A resident of the City registered to vote under the Constitution and statutes of the State of Colorado.

The chapter, section and subsection headings are inserted for convenience and reference only and shall not be construed to limit, describe or control the scope or intent of any provisions therein.