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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2001 - ITEMS RELATING TO THE CALLING OF A SPECIAL MUNICIP AGENDA ITEM SUMMARY ITEM NUMBER: 36 A-D DATE: July 17, 2001• FORT COLLINS CITY COUNCIL FROM • Wanda Krajicek SUBJECT: Items Relating to the Calling of a Special Municipal Election to be held in Conjunction with the November 6, 2001 Larimer County Coordinated Election. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: A. Presentation of a Petition Relating to Citizen-Initiated Ordinance No. 1, 2001 (Which Authorizes an Additional .29% Sales and Use Tax to Fund Costs Associated with a New Performing Arts Center, a New Main Library,New and/or Renovated Museum Facilities, and the Acquisition of Land And/or the Design and Construction of Improvements for aNew lipBranch Library)Certified by the City Clerk as Sufficient for Placement on a Special Election Ballot. B. Presentation of a Petition Relating to Citizen-Initiated Ordinance No. 2, 2001 (Which Authorizes the Issuance of Sales and Use Tax Revenue Bonds,the Proceeds of Which Shall Be Used to Finance And/or Refinance the Costs of a New Performing Arts Center)Certified by the City Clerk as Sufficient for Placement on a Special Election Ballot. C. Presentation of a Petition Relating to Citizen-Initiated Ordinance No. 3, 2001 (Which Authorizes the Issuance of Sales and Use Tax Revenue Bonds,the Proceeds of Which Shall Be Used to Finance and/or Refinance the Costs of a New Main Library and the Acquisition of Land And/or the Design and Construction of Improvements for a New Branch Library) Certified by the City Clerk as Sufficient for Placement on a Special Election Ballot. D. First Reading of Ordinance No. 123,2001, Calling a Special Municipal Election to be held in Conjunction with the November 6, 2001 Larimer County Coordinated Election. The City Clerk's Office has certified a sufficient number of signatures on three initiative petitions received on June 25, 2001. Under Article X of the City Charter, 3,112 signatures of registered electors (at least 15% of the total ballots cast in the last regular City election) are required to place an initiative on a special election ballot. Generally,upon presentation of an initiative petition certified as to sufficiency by the City Clerk,the Council must either adopt the proposed ordinance without alteration or submit the proposed measure in the form petitioned for, to the registered electors of the city. Because all three petitions propose DATE: July 17, 2001 2 ITEM NUMBER:36 A-D ordinances that are subject to the election requirements of Article X, Section 20 of the Colorado Constitution(TABOR),the Council must submit the issues to the voters. The City Charter requires that,if a petition requests a special election(which these petitions do),the Council must call a special election to be held on a Tuesday within 120 days of the presentation of the certified petition to the Council. Accordingly,Ordinance No. 123,2001,calls a special election to be held on November 6, 2001 in conjunction with the Larimer County Coordinanced Election. It also adopts the provisions of the Uniform Election Code of 1992 in lieu of the Municipal Election Code of 1965, directs the City Clerk to certify ballot content to Larimer County no later than September 12, and authorizes the City Manager to enter into an intergovernmental agreement with Larimer County for the conduct of the election. The November 6, 2001 Coordinated Election will be conducted by mail ballot. At the August 21,2001 meeting,Council will be presented with resolutions submitting the citizen- initiated ordinances to a vote of the registered electors at a special election to be held in conjunction with the November 6,2001 Larimer County Coordinated Election. If the Council wishes to consider the placement of an issue relating to transportation funding,or any other matters,before the voters in November,it may do so by resolution no later than September 12 (the statutory deadline for certifying ballot content to the County Clerk). ORDINANCE NO. 123, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 6,2001 LARIMER COUNTY COORDINATED ELECTION WHEREAS, a group of local citizens has circulated three initiative petitions relating to funding for a new performing arts center, a new main library, new and/or renovated museum facilities,and the acquisition of land and/or the design and construction of improvements for a new branch library; and WHEREAS, said petitions were submitted to the City Clerk on June 25, 2001, and the Clerk's examination has determined that the petitions are sufficient to require placement of the measure on a special election ballot; and WHEREAS,the City Council may also wish to consider the placement of an issue relating to transportation funding before the voters in November at a special election to be held on November 6, 2001, in conjunction with the Larimer County Coordinated Election; and WHEREAS, while the Council may, by resolution, submit any question or proposed ordinance or resolution,or submit any initiative or referendum measure,to the vote of the people at a regular or special election at any time prior to the statutory deadline to certify ballot content to the County Clerk, the decision to call a special election must be made by ordinance at an earlier date; and WHEREAS, the City Council wishes to call a special municipal election on November 6, 2001, to be held in conjunction with the Larimer County Coordinated Election, for the purpose of submitting to the electorate of the City the above-referenced initiative petitions,as well as any other ballot issues approved by the Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, November 6, 2001, which shall be held in conjunction with the Larimer County Coordinated Election and conducted in such form as shall be determined by the Larimer County Clerk and Recorder. Section 2. That the polls shall be open at the hour of 7:00 a.m. and shall remain open continuously until closed at 7:00 p.m. Section 3. That said Special Municipal Election shall be held and conducted, as nearly as may be,in the manner prescribed by law,as in the case of regular municipal elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 4. That the provisions ofthe Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 5. That the use of an electronic system to record the votes at said election is hereby authorized. Section6. That no vote,either for or against any ballot issues referred or submitted, shall be received by the election judges unless the person offering the same shall be a duly registered voter in the precinct in which he or she offers to vote and,in addition thereto,said person is an elector of the City of Fort Collins as defined in the applicable election laws. Section 7. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 12, 2001. Section 8. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election. Introduced, considered favorably on first reading, and ordered published this 17th day of July,A.D. 2001, and to be presented for final passage on the 21 st day of August,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21 st day of August, A.D. 2001. Mayor ATTEST: City Clerk