HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2007 - RESOLUTION 2007-004 FIXING THE BALLOT LANGUAGE FOR ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: January 16, 2007
FORT COLLINS CITY COUNCIL
STAFF: Wanda Krajicek
SUBJECT
Resolution 2007-004 Fixing the Ballot Language for Voter Consideration of Referred Ordinance No.
137, 2006, Annexing Property Known as the Southwest Enclave Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
On November 9,2006,a referendum petition was filed with the City Clerk's Office seeking to repeal
Ordinance No. 137, 2006,Annexing Property Known as the Southwest Enclave Annexation to the
City of Fort Collins, Colorado. On December 15, the City Clerk determined that the petition
contained a sufficient number of valid signatures.
The petition was certified to the City Council on December 19,and the Council adopted Resolution
2006-132 Referring Ordinance No. 13 7,2006,Annexing Property Known as the Southwest Enclave
Annexation,to a Vote of the Registered Electors of the City at the Next Regular Municipal Election
on April 3, 2007. Resolution 2006-132 directed the City Manager and City Attorney to present for
Council's consideration no later than February 6,2007,a resolution proposing the form of the ballot
language for the foregoing referred measure.
RESOLUTION 2007-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FIXING THE BALLOT LANGUAGE FOR VOTER CONSIDERATION OF
REFERRED ORDINANCE NO. 137, 2006, ANNEXING PROPERTY
KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION
WHEREAS,on October 3, 2006,the City Council approved on Second Reading Ordinance
No. 137, 2006, (the"Annexation Ordinance") annexing property known as the Southwest Enclave
Annexation; and
WHEREAS, on October 12, 2006, three registered electors of the City filed a notice of
protest against the going into effect of the Annexation Ordinance with the City Clerk, pursuant to
Article X, Section 2 of the City Charter(the "Charter"); and
WHEREAS,on October 20,2006,the City Clerk approved the form of referendum petition
relating to the Annexation Ordinance (the"Petition"); and
WHEREAS, on November 9, 2006, a signed Petition was filed with the City Clerk; and
WHEREAS, the City Clerk has determined that the Petition contains the requisite number
of signatures required by Article X, Section 2(c) of the Charter; and
WHEREAS, on December 15, 2006, the City Clerk certified the Petition as sufficient and
presented the same to the City Council at its regular meeting on December 19, 2006, which
presentation automatically suspended the operation of the Annexation Ordinance pending repeal by
the City Council or final determination by the registered electors of the City; and
WHEREAS, on December 19, 2006, the City Council declined to repeal the Annexation
Ordinance and instead adopted Resolution 2006-132, referring the Annexation Ordinance to the
registered electors of the City, pursuant to Article X, Section 2(e) of the Charter, to be considered
at the next regular City election to be held on Tuesday, April 3, 2007; and
WHEREAS, Article X, Section 6(b)of the Charter states that,upon ordering an election on
any initiative or referendum measure,the City Council shall,after public hearing,adopt by resolution
a ballot title and submission clause for said measure.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the question of whether to approve or reject the Annexation Ordinance shall be
submitted to the registered electors of the City at the regular election on April 3, 2007, in
substantially the following form:
CITIZEN-REFERRED ORDINANCE
On October 3, 2006, the Fort Collins City Council adopted on second reading
Ordinance No. 137, 2006, (the"Annexation Ordinance'), which annexed to the
City property known as the Southwest Enclave Annexation. The Southwest
Enclave consists of approximately 2.7 square miles, generally bordered on the
north by Harmony Road, on the south by Trilby Road, on the west by South Taft
Hill Road, and extending approximately one-quarter mile east of College
Avenue. On November 9, 2006, a petition signed by a sufficient number of
registered electors was submitted to the City Clerk seeking the repeal of the
Annexation Ordinance. On December 19, 2006, the City Council referred the
Annexation Ordinance to the registered electors of the City at this election, as
permitted by the City Charter. Shall the Annexation Ordinance be repealed?
YES
NO
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of January, A.D. 2007.
Mayor
ATTEST:
City Clerk