2D - CITY OF FOUNTAIN Shall Section 12.6 (a) the Home Rule Charter of the City of Fountain, Colorado be amended by the addition of the underlined language to read as follows: “The Council shall have all municipal powers relating to all utilities and franchises including, but without limitation to, all powers and authority now existing and which maybe hereafter provided by the Constitution or Statutes of the State of Colorado, or by ordinance, or by this Charter. The rights of the City to construct, purchase, or condemn any public or private utility work or way shall not be abridged, except the right to use, or allow installation of smart meter technology with wired or wireless communication which possesses any capability to monitor, control, record time of day usage, history, or hold any information other than the amount of energy consumed by any consumer in one billing cycle solely for the sake of billing, is prohibited. Individual information heretofore gathered shall not be made available, sold or used except for billing. Except as otherwise required by this Charter or ordinance, the Council shall exercise all powers and authority concerning the granting, amending, revoking or otherwise dealing in franchises.” _______ YES _______ NO