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AGENDA ITEM SUMMARY ITEM NUMBER: 10
DATE: August 17, 1999
FORT COLLINS CITY COUNCIL STAFF:
Wanda Krajicek
SUBJECT :
Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed Charter
Amendments on Said Ballot.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY:
A. Second Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be
Held in Conjunction with the November 2, 1999 Larimer County Coordinated Election.
B. Second Reading of Ordinance No. 126, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City
Charter, Pertaining to Petition Circulators.
C. Second Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter,
Pertaining to Initiative and Referendum.
D. Second Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article IX,Section 1(b)of the
City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling
of a Recall Election.
E. Second Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered
Electors of the City ofFort Collins Proposed Amendments to Article VIII ofthe City Charter
Pertaining to the Appearance of Names on Election Ballots.
F. Second Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the
City Charter Exempting Special Purpose Committees from Conflict of Interest Rules.
Ordinance No. 125, 1999. which was unanimously adopted on August 3, 1999, calls a Special
Municipal Election to be held in conjunction with the November 2, 1999 Larimer County
110 Coordinated Election. The remaining Ordinances, which were all unanimously adopted on First
Reading on August 3, 1999, place individual Charter amendments on the Special Election ballot.
DATE: August 17, 1999 2 ITEM NUMBER: 10
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The proposed Charter amendments were considered by the Council Governance Committee,which
recommended they be forwarded to the Council for consideration for placement on the ballot.
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Ordinance No. 128, 1999 has been amended on Second Reading to include reference to the
amendment of Article IX, Section 1(c) in the title of the ordinance and in the ballot language.
Each of the ordinances has been amended on Second Reading in the following respects:
1. The ballot language, presented in all caps on First Reading, has been changed to
upper and lower case in conformance with rules promulgated by the Secretary of
State for elections conducted under the Uniform Election Code.
2. The number assigned to each ballot issue has been amended to leave the letter blank
(i.e., Ballot Issue 2 _). This amendment is necessary to accommodate flexible
lettering of the issues due to the possibility of the City receiving a citizen petition for
possible placement of an initiative on the ballot. Section 1-5-407(5)C.R.S.requires
that citizen petitions appear on the ballot before referred measures.
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AGENDA ITEM SUMMARY ITEM NUMBER: 18 A-F
DATE: August 3, 1999
FORT COLLINS CITY COUNCIL STAFF
• Wanda Krajicek
SUBJECT :
Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed Charter
Amendments on Said Ballot.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 125, 1999,Calling a Special Municipal Election to be Held
in Conjunction with the November 2, 1999 Larimer County Coordinated Election.
B. First Reading of Ordinance No. 126, 1999, Submitting o a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Aficles IX and X of the City Charter,
Pertaining to Petition Ciiculaiors.
C. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article X of the City Charter,Pertaining
to Initiative and Referendum.
D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article IX, Section 1(b) of the City
Charter, Pertaining to the @ommencement-uf=R roceedings and the Scheduling of a
Recall Election. r` s` r
t
E. First Reading of Ordinance NO. 129,4499, bmittingfo-a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter
Pertaining to the Appearance of Names on Election Ballots.
F. First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City
Charter Exempting Special Purpose Committees from Conflict of Interest Rules.
Ordinance No. 125, 1999, calls a Special Municipal Election to be held in conjunction with the
November 2. 1999 Larimer County Coordinated Election. The remaining Ordinances place
individual Charter amendments on the Special Election ballot. The proposed Charter amendments
were considered by the Council Governance Committee,which recommended they be forwarded to
the Council for consideration for placement on the ballot.
DATE: August 3, 1999 2 ITEM NUMBER: 18 A-F
BACKGROUND:
A. Ordinance No. 125, 1999,Calling a Special Municipal Election to be Held in Conjunction with
the November 2, 1999 Latimer County Coordinated Election.
This Ordinance calls the election,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 Latimer County no later than September 7, and authorizes the Mayor to enter into an
intergovernmental agreement with Latimer County for the conduct of the election.
B. Ordinance No. 126, 1999, Submitting to a'Yote of the Registered Electors of the City of Fort
Collins Proposed Amendments to tarticlesJX and X of the City Charter,Pertaining to Petition
Circulators. �-
The United States Supreme Court recently held that it is impermissible to required that petition
circulators be registered electors. This Amendment removes from the Charter the requirement
that petition circulators be registered electors of the City, in conformance with the Supreme
Court's decision.
C. Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and
Referendum
Article X, Section 1(e) of the Charter, incorrectly uses'the term "refer" with regarding to
placing an initiative on the ballot. Conversely,Article X,Section 2(e)incorrectly uses the term
"submit"with regard to placing a referendum on the ballot. This Amendment simply corrects
the language so that an initiative is submitted to the voters,and a referendum is referred to the
voters.
D. Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Article IX, Section 1(b) of the City Charter, Pertaining to
the Commencement of Recall Proceedings and the Scheduling of a Recall Election.
The Charter provisions relating to 19 rec nfielective o cers allow recall proceedings,once
commenced,to continuevndefinit4. Th tncertainty created by pending recall proceedings
can have.a detrimental effe"e"l on the cdndud6f business"liy the Council. This Amendment
states that a petition for recall must be submitted to the City Clerk for approval of the form of
the petition within ten(10)days after the date that the affected officer's statement in defense
of the charges is due. If a petition is not submitted to the Clerk for approval of its form within
the specified time period,the recall proceedings are terminated.
In addition,this Amendment requires that a recall election be held not less that sixty (60)nor
more that ninety (90) days after the Clerk presents a petition certified sufficient for recall to
the Council. Current language provides for the election to be held in not less that forty-five
(45) days nor more than ninety (90) days, which does not provide adequate time for the
nomination of replacement candidates and preparation for the conduct of an election.
DATE: August 3, 1999 3 ITEM NUMBER: 18 A-F
E. Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Article VIII ofthe City Charter Pertaining to the Appearance
of Names on Election Ballots.
An earlier Charter amendment inadvertently deleted language pertaining to the appearance of
names on the ballot. This Amendment provides for candidate names to be arranged in
alphabetical order by surname for each office, and prohibits the appearance of any title or
degree designating the business or profession of the candidate. In addition,the Amendment
allows the use of nicknames, but prohibits the use of punctuation marks setting our the
nickname. These provisions are intended to ensure that the appearance of a candidate's name
on the ballot will not provide any unfair advantage,4o"flie candidate.
F. Ordinance No. 130, 1999,Submitting to a�Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to Article IV,Section 9 of the City Charter Exempting Special
Purpose Committees from Conflict of Interest Rules.
The Charter's conflict of interest rules presently apply to all authorities,boards,commissions
and committees of the City. This amendment would allow persons directly affected by specific
proposals to serve on special purpose committees formed to study and make recommendations
regarding those proposals. Members of the City's regular boards and commissions would
continue to be subject to the conflict of interest rules.
ORDINANCE NO. 126, 1999
. OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLES IX AND X
OF THE CITY CHARTER, PERTAINING TO PETITION CIRCULATORS
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210,C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS,the Charter presently provides that the circulators of petitions for recall and for
initiative and referendum be registered electors of the City; and
WHEREAS,the United States Supreme Court has recently held that it is impermissible to
require that petition circulators be registered electors,because such a requirement infringes upon the
constitutional rights of other citizens to influence the electoral process; and
WHEREAS, the Council wishes to conform the provisions of the City Charter to this
decision of the Court by eliminating the requirements that petition circulators be registered electors;
and
WHEREAS,the City Council believes that the foregoing proposed amendments should be
submitted to the registered electors of the City so that the voters may determine whether such
amendments are in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article IX,Sections 2(c)and(d), and
Article X, Sections 5(c) and (d)of the City Charter shall be submitted to the registered electors of
the City as "Proposed Charter Amendment No. V at a special municipal election to be held in
conjunction with the Larimer County, Colorado Coordinated Election on Tuesday, November 2,
1999:
ARTICLE IX. RECALL
Section 2. Petitions.
(c) Circulation ofpetition. The petition may be circulated and signed in sections
with each section consisting of one (1) or more sheets securely fastened at the top,
provided that each section contains a full and accurate copy of the text of the petition
and the names and addresses of the designated representatives for the petition. All
sections shall be filed as one(1) instrument.
the Fetition for signaftres.The circulation of any petition by any medium other than
personally by a circulator is prohibited. No person shall receive any compensation
whatever for signing a recall petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition
circulated, an affidavit signed by the circulator under oath before a notary public
stating the following:
(1) the circulator's address of residence;
(3-Z,) that he or she personally circulated the section;
(41) that each signature was affixed in the circulator's presence;
(3 Fa that to the best of the circulator's knowledge and belief each signer was at the
time of signing a registered elector of the city;
(6 that to the best of the circulator's knowledge and belief each signature is the
genuine signature of the person whose name it purports to be;
( ii that each signer had an opportunity before signing to read the full text of the
petition; and
(8V that the circulator has not paid or offered to pay any money or other thing of
value to any signer for the purpose of inducing or causing the signer to affix
his or her signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections shall
be prima facie evidence that the signatures thereon are genuine and true.
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ARTICLE X. INITIATIVE AND REFERENDUM
Section 5. Petitions.
(c) Circulation ofpetition. The petition may be circulated and signed in sections
with each section consisting of one(1)or more sheets securely fastened at the top,
provided that each section contains a full and accurate copy of the text of the petition
and the names and addresses of the designated representatives for the petition. All
sections shall be filed as one(1) instrument.
the petition Ea. signatures.The circulation of any petition by any medium other than
personally by a circulator is prohibited.No person shall receive any compensation
whatever for signing an initiative or referendum petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition
circulated an affidavit signed by the circulator under oath before a notary public
stating the following:
(1) the circulator's address of residence;
(32 that he or she personally circulated the section;
(41) that each signature was affixed in the circulator's presence;
(3 that to the best of the circulator's knowledge and belief each signer was at the
time of signing a registered elector of the city;
(6�) that to the best of the circulator's knowledge and belief each signature is the
genuine signature of the person whose name it purports to be;
(4§) that each signer had an opportunity before signing to read the full text of the
petition; and
($ that the circulator has not paid or offered to pay any money or other thing of
value to any signer for the purpose of inducing or causing the signer to affix
his or her signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections shall
be prima facie evidence that the signatures thereon are genuine and true.
Section 2. That the following ballot language is hereby adopted for submitting
Proposed Charter Amendment No. I to the voters at said election:
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CITY OF FORT COLLINS
BALLOT ISSUE 2_
PROPOSED CHARTER AMENDMENT NO. 1
Amendments to Article IX, Section 2 and Article X, Section 5 of the Charter of the
City of Fort Collins pertaining to petition circulators, which amendments would
eliminate the requirement that the circulators of initiative, referendum or recall
petitions be registered electors of the city.
_YES
NO
Introduced, considered favorably on first reading, and ordered published this 3rd day of
August, A.D. 1999, and to be presented for final passage on the 17th day of August,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 127, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLE X
OF THE CITY CHARTER, PERTAINING TO INITIATIVE AND REFERENDUM
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210,C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, Article X, Section 1(e) of the Charter incorrectly uses the term "refer" with
regard to placing an initiative on the ballot; and
WHEREAS,Article X, Section 2(e)of the Charter incorrectly uses the term "submit" with
regard to placing a referendum on the ballot; and
WHEREAS, City staff has proposed certain amendments to Article X of the Charter so as
to correct the above referenced usage of the terms "refer" and "submit'; and
WHEREAS,the City Council believes that the foregoing proposed amendments should be
submitted to the registered electors of the City so that the voters may determine whether such
amendments are in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article X, Section 1(e) and Section
2(e) shall be submitted to the registered electors of the City as "Proposed Charter Amendment No.
2" at a special municipal election to be held in conjunction with the Latimer County, Colorado
Coordinated Election on Tuesday,November 2, 1999:
ARTICLE X. INITIATIVE AND REFERENDUM
Section 1. The initiative.
(e) Action by Council. Upon presentation of an initiative petition certified as to
sufficiency by the City Clerk as hereinafter provided,the Council shall either adopt
the proposed ordinance or resolution without alteration within thirty (30) days or
refer suit such proposed measure in the form petitioned for, to the registered
electors of the city at the next regular city election. If the petition requests a special
election and is signed by the requisite number of registered electors,the Council shall
call a special election to be held on a Tuesday within one hundred twenty(120)days
of the presentation of the certified petition to Council, unless any other regular or
special city election is to occur within said period, in which case the initiative mea-
sures shall be consolidated with such other election.All ordinances submitted to the
Council by initiative petition and adopted by Council without the vote of the electors
shall be subject to the referendum in the same manner as other ordinances.
Section 2. The referendum.
(e) Action by Council. The presentation to Council of a petition certified by the
City Clerk as sufficient for referendum shall automatically suspend the operation of
the ordinance in question pending repeal by Council or final determination by the
electors. The Council shall reconsider the ordinance at the next regular or special
meeting of the Council following the receipt of the petition by the City Clerk. If the
ordinance,or that part sought to be repealed,is not repealed,the Council shall submit
refer the same to a vote of the registered electors at the next regular or special city
election scheduled for any other purpose. Alternatively, the Council may call a
special election for that specific purpose.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 2 to the voters at said election:
CITY OF FORT COLLINS
BALLOT ISSUE 2_
PROPOSED CHARTER AMENDMENT NO. 2
Amendments to Article X,Sections 1 and 2 of the Charter of the City of Fort Collins
pertaining to initiative and referendum,which amendments would change the usage
of the terms "refer" and "submit' so as to provide that initiated measures shall be
"submitted"to the voters and referred measures shall be"referred"to the voters.
_YES
NO
Introduced, considered favorably on first reading, and ordered published this 3rd day of
• August, A.D. 1999, and to be presented for final passage on the 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August,A.D. 1999.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 128, 1999
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLE IX,
SECTIONS 1(b) and 1(c), OF THE CITY CHARTER, PERTAINING TO THE
COMMENCEMENT OF RECALL PROCEEDINGS
AND THE SCHEDULING OF A RECALL ELECTION
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, the Charter provisions relating to the recall of elective officers allow recall
proceedings, once commenced,to continue indefinitely; and
WHEREAS,the uncertainty created by pending recall proceedings can have a detrimental
effect on the conduct of business by the City Council; and
WHEREAS, City staff has proposed certain amendments to Article IX, Section 1(b) of the
Charter so as to establish a time period for submitting a petition for recall to the City Clerk for
approval,thereby requiring recall proceedings to either progress in a timely fashion or be terminated;
and
WHEREAS,Article IX, Section 1(c)of the Charter provides for a recall election to be held
not less than forty-five(45)nor more than ninety(90) days from the date the City Clerk presents to
the Council a petition certified sufficient for recall; and
WHEREAS, the requirement to hold a recall election within forty-five (45) to ninety (90)
days after presentation of a certified petition to the Council does not provide adequate time for the
nomination of replacement candidates and preparation for the conduct of an election; and
WHEREAS, City staff has proposed certain amendments to Article IX, Section 1(c) of the
Charter so as to provide adequate time for replacement candidates to circulate nomination petitions
and for preparation of the ballot; and
WHEREAS,the City Council believes that the foregoing proposed amendments should be
submitted to the registered electors of the City so that the voters may determine whether such
amendments are in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article IX, Section 1(b) and (c), of
the City Charter shall be submitted to the registered electors of the City as "Proposed Charter
Amendment No. 3" at a special municipal election to be held in conjunction with the Larimer
Countv. Colorado Coordinated Election on Tuesday,November 2, 1999:
ARTICLE DL RECALL
Section 1. The recall.
(b) Commencement ofproceedings;affidavit.One(1) or more registered electors
may commence recall proceedings by filing with the City Clerk an affidavit of not
more than two hundred(200) words stating the reasons for the recall of the officer
sought to be removed.A separate affidavit shall be filed for each officer sought to be
recalled.Within forty-eight(48)hours after the filing of the affidavit,the City Clerk
shall mail a copy by certified mail to the affected officer. Within five (5)days after
the date of the City Clerk's mailing,the affected officer may file with the City Clerk
a swom statement of not more than three hundred (300) words in defense of the
charges. The affidavit and the response are intended for the information of the
registered electors,who shall be the sole and exclusive judges of the sufficiency of
the ground or grounds assigned for the recall, and said ground or grounds shall not
be open to judicial review.Within ten(1D date ? zvvhiehny!3pen the
filing of the statement in defensemulstl"�. or after the expira6en of the time
€err of the a petition for recall of the officer ;N tbmttteclkofhei rty i c for
apprgftf the.kr epeti#an:in accordance with Section 2(b)of this Article.
The petition shall be circulated,signed,verified and filed in the manner provided in
Section 2 of this Article. lfto pe##Pii sYfi>eeP�stt�Y e . a -,.erk
fora ro alofits rthinthedimepet � tl�bev ecdl rodaetlsugs
dalllar terminate$
(c) Call of election. A recall election shall be for the dual purposes of voting on
the recall of the officer sought to be removed and the election of a successor. Upon
the City Clerk's presentation of a petition certified sufficient for recall,the Council
shall set a date for the election which shall be held on a Tuesday not less than forty-
five(46)§xty(60�nor more than ninety(90)days from the date of presentation of
the certified petition to Council.However,if any other city election is to occur within
ninety(90)days from the presentation of the certified petition to Council,the recall
election shall be postponed and consolidated with such other city election.The order
setting a date for the recall election shall not become effective until five (5) days
from the presentation of the certified petition to Council.If the officer resigns within
the five-day period,the vacancy may be filled by appointment. If a vacancy occurs
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in the affected office after the effective date of the order, the election to fill the
. vacancy shall nevertheless proceed.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 3 to the voters at said election:
CITY OF FORT COLLINS
BALLOT ISSUE 2
PROPOSED CHARTER AMENDMENT NO.3
Amendments to Article IX, Section 1(b) and 1(c) of the Charter of the City of Fort
Collins pertaining to recall proceedings,which amendments would establish a ten(10)
day time period for submitting a petition for recall to the City Clerk for approval as to
its form and would require that recall elections be held not less than sixty (60) nor
more than ninety (90) days from the date of presentation of a certified recall petition
to the City Council.
_YES
NO
• Introduced, considered favorably on first reading, and ordered published this 3rd day of
August,A.D. 1999, and to be presented for final passage on the 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
•
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ORDINANCE NO. 129, 1999
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLE VIII,
OF THE CITY CHARTER, PERTAINING TO
THE APPEARANCE OF NAMES ON ELECTION BALLOTS
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, the Charter is silent with respect to the manner in which names should appear
on an election ballot; and
WHEREAS,the City Council wishes to ensure that the appearance of a candidate's name on
the ballot will not provide any unfair advantage to the candidate; and
WHEREAS,the Council believes that this objective can best be achieved by requiring that
• candidate names be placed on the ballot in alphabetical order by surname for each office, and by
prohibiting the printing of titles or degrees designating the business or profession of the candidate,
as well as the use of punctuation marks to distinguish the use of a nickname; and
WHEREAS,City staffhas proposed an amendment to Article VIII ofthe Charter so as to add
a section relating to the manner in which names shall appear on the ballot; and
WHEREAS, the City Council believes that the foregoing proposed amendment should be
submitted to the registered electors of the City so that the voters may determine whether said
amendment is in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed change to Article VIII of the City Charter shall
be submitted to the registered electors of the City as "Proposed Charter Amendment No. 4" at a
special municipal election to beheld in conjunction with the Larimer County,Colorado Coordinated
Election on Tuesday,November 2, 1999:
ARTICLE VIII. ELECTIONS
Section 6. Appearanceofnames•on ballot.
Every ballot shall contain the names of all duly nominated candidates for offices
to be voted for at that election,except those who have died or withdrawn: The names
shall be arranged in alphabetical ordernof.;surname,for eachrnffice, and shall not
contain any title or degree tlesignatmgfhe business or profession ofa he;candidate.
They:candidate's namey„be.a�e"kname,�ut�hail�aot-�u'o7bde�nunctuation
n*1cssetting outlhe mckuame
Section 2. That, if the amendment provided for in Section 1 above is approved by the
registered electors of the City of Fort Collins,the subsequent sections of Article VIII of the Charter
shall be renumbered accordingly.
Section 3. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 4 to the voters at said election:
CITY OF FORT COLLINS
BALLOT ISSUE 2_
PROPOSED CHARTER AMENDMENT NO. 4
Amendments to Article VIII, Section IV of the Charter of the City of Fort Collins
pertaining to elections,which amendments would require that candidates' names be
placed on the ballot in alphabetical order by surname for each office,would prohibit
the printing of titles or degrees designating the business or profession ofthe candidate,
and would prohibit the use of punctuation marks to distinguish the use of any
nickname.
_YES
NO
Introduced, considered favorably on first reading, and ordered published this 3rd day of
August, A.D. 1999,and to be presented for final passage on the 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
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• Passed and adopted on final reading this 17th day of August,A.D. 1999.
Mayor
ATTEST:
City Clerk
•
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ORDINANCE NO. 130, 1999
. OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS A PROPOSED
AMENDMENT TO ARTICLE IV, SECTION 9 OF THE CITY CHARTER
EXEMPTING AD HOC COMMITTEES FROM CONFLICT OF INTEREST RULES
WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S. provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS,Article IV,Section 9 of the Charter contains certain conflict of interest rules that
apply to the members ofany authority,board,committee,commission,department,division or office
of the City; and
WHEREAS,the City sometimes appoints committees to formulate recommendations with
regard to specific proposals to be considered by the City Council; and
WHEREAS, such committees may frequently include members who have a personal or
• financial interest in the proposal being considered by the City; and
WHEREAS,it is important that individuals having such an interest in the subject matter of
these proposals be allowed to serve on such committees, so that their rights and interests may be
considered by City staff in formulating its recommendations to the Council,and by the Council in
deciding how to proceed with regard to such proposals; and
WHEREAS,members of these committees have no decision-making responsibility on behalf
of the City; and
WHEREAS, for the foregoing reasons, the City Council believes it to be necessary and
desirable in the interests of the City to exempt the members of such committees from the conflict
of interest rules contained in the City Charter; and
WHEREAS, the City Council believes that an amendment proposing such an exemption
should be submitted to the registered electors of the City so that the voters may determine whether
such amendment is in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section1. Thatthe following proposed changes to the definition of"officer or employee"
as contained in Article IV,Section 9 of the City Charter shall be submitted to the registered electors
of the City as "Proposed Charter Amendment No. 5" at a special municipal election to be held in
conjunction with the Larimer County, Colorado, Coordinated Election on Tuesday, November 2,
1999:
ARTICLE IV. GENERAL PROVISIONS
Section 9. Conflicts of interest.
(a) Definitions. For purposes of construction of this Section 9, the following
words and phrases shall have the following meanings:
Officer or employee means any person holding aposition by election,appointment
or employment in the service of the city,whether part-time or full time, including a
member of any authority,board,committee or commission of the city,other than-an
M=thoritptlmt is:
an
(+)are established under the provisions of the Colorado Revised Statutes;
(-2)b governed by state statutory rules of ethical conduct; and
{3)c expressly exempted from the provisions of this Article by ordinance
of the Council.
Q a rammtttestabhs°Iied�oservefo � � pdoftrri3e
forihetp # ' gand/orformuta£ingreco daft
to s_r, mta�yberconstderelbythe y ' Coil_
Section 2. That following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 5 to the voters at said election:
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CITY OF FORT COLLINS
BALLOT ISSUE 2_
PROPOSED CHARTER AMENDMENT NO. 5
An amendment to Article IV, Section 9 of the Charter of the City of Fort Collins
pertaining to conflicts of interest, which amendment would exempt from the City's
conflict of interest rules any special purpose committee established to serve for a
limited period of time for the purpose of studying specific proposals that may be
considered by the City Council.
_YES
NO
Introduced and considered favorably on first reading and ordered published this 3rd day of
August, A.D. 1999, and to be presented for final passage on the 17th day of August,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 1999.
Mayor
ATTEST:
City Clerk
•
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