HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2021 - RESOLUTION 2021-023 REFERRING ORDINANCE NO. 026, 2 Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 16, 2021
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Resolution 2021-023 Referring Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the Cit y of Fort
Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use
Plastic Pollution to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April
6, 2021.
EXECUTIVE SUMMARY
The purpose of this item is to refer Ordinance No. 026, 2021 to the voters at the April 2021 regular municipal
election.
Any protest of the proposed ballot language must be submitted on the Notice of Protest form located at
https://www.fcgov.com/elections/ballot-title-protest and received no later than Tuesday, February 16, 2021, at
9:00 a.m. (due to the President’s Day holiday). The protest(s) shall be heard, considered, and resolved by
Council prior to adoption of any Resolution that is the subject of a protest. If protests are received, copies will
be included in Council’s “Read-before” packet provided the day of the meeting.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Pursuant to Article X, Section 3 of the City Charter, Council may refer adopted Ordinance No. 026, 2021 to a
vote of the registered electors at the next regular City election, which is scheduled for April 6, 2021.
Although an initiated measure submitted to the voters may not be later repealed or amended by Council except
by a subsequent electoral vote, an ordinance adopted by Council and referred to the voters is not subject to
this limitation. See City Charter Article X, Section 4.
Accordingly, if Ordinance No. 026, 2021, is adopted by the voters, Council may still repeal or amend the
Ordinance at any time after the election.
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot title or
submission clause for any referred measure must file such a protest with the City Clerk using a Notice of
Protest form located at https://www.fcgov.com/elections/ballot-title-protest no later than Tuesday, February 16,
2021, at 9:00 a.m. (due to the President’s Day holiday). If a protest is filed, a hearing on the protest is added
to the agenda item and must take place before the Council adopts the Resolution setting the ballot title and
submission clause.
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RESOLUTION 2021-023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING ORDINANCE NO. 026, 2021, AMENDING CHAPTER 12 OF
THE CODE OF THE CITY OF FORT COLLINS
TO ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS AND
MITIGATION OF OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION,
TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
AT THE NEXT REGULAR MUNICIPAL ELECTION ON APRIL 6, 2021
WHEREAS, by adoption of Resolution 2020-118 on December 15, 2020, City Council
directed development of an ordinance regulating the use of disposable bags and recognizing that
further regulation of single-use plastics may be adopted by future Council action; and
WHEREAS, on February 2 and February 16, 2021, City Council, adopted Ordinance No.
026, 2021, on first and second reading, respectively; and
WHEREAS, Council desires to refer the adopted Ordinance No. 026, 2021, to the vote of
the registered electors at the next regular City election on April 6, 2021, pursuant to Article X,
Section 3 of the City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the
City of Fort Collins to Establish Regulations Regarding Disposable Bags and Mitigation of Other
Sources of Single Use Plastic Pollution, is hereby referred to the registered electors of the City of
Fort Collins at the next regular city election to be held on Tuesday, April 6, 2021, in the
following form:
COUNCIL-REFERRED ORDINANCE
On February 16, 2021, the City Council adopted on second reading, and referred
to the registered electors of the City, Ordinance No. 026, 2021, Amending
Chapter 12 of the Code of the City of Fort Collins to Establish Regulations
Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic
Pollution (the “Ordinance”), regulating the use of disposable bags by (a)
prohibiting large grocers from providing disposable plastic bags; (b) requiring
payment of a disposable bag fee of $0.12 for disposable paper bags; and (c)
recognizing that further regulation of single-use plastics may be adopted by future
Council action. Shall the Ordinance be approved?
YES/FOR _____
NO/AGAINST _____
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of February, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk