HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2003 - FIRST READING OF ORDINANCE NO. 102, 2003, CALLING AGENDA ITEM SUMMARY ITEM NUMBER: 16
FORT COLLINS CITY COUNCIL DATE: July 15, 2003
FROM:
Wanda Krajicek
SUBJECT:
First Reading of Ordinance No. 102, 2003, Calling a Special Municipal Election to Be Held in
Conjunction with the November 4, 2003 Larimer County Coordinated Election.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This Ordinance calls a Special Municipal Election to be held in conjunction with the November 4,
2003 Larimer County Coordinated Election, and preserves the opportunity for Council to place
initiated or referred issues on the November ballot.
ACKGROUND:
Article VIII, Section 2 of the City Charter requires that a special election be called by ordinance. In
order to meet the statutory deadline to enter into an intergovernmental agreement with Larimer
County for the conduct of the election,First Reading of this Ordinance must occur on this date with
Second Reading at the next available Council meeting on August 19. (The August 5 meeting has
been cancelled.)
Pending Citizen Referendum
On June 23,2003,the City Clerk approved for circulation a referendum petition calling for the repeal
of Ordinance No. 084, 2003 (relating to soil amendments). The deadline for the petition
representatives to submit the circulated petition to the City Clerk is Monday,July 14. The City Clerk
has five working days to examine the petition and determine if the petition contains a sufficient
number of signatures (2,601) for referendum.
If the petition is submitted on Monday,July 14,it is unlikely that the examination of the petition will
be completed in time to certify the results at this meeting. Therefore,the results will not be certified
until the next regularly scheduled meeting,which will be August 19. The Charter provides that the
presentation of a petition certified as sufficient for referendum shall automatically suspend the
operation of the ordinance in question pending repeal by the Council or final determination by the
electors. If the Council chooses not to repeal the ordinance but instead refers it to a vote of the
registered electors, and if Council wants that vote to take place in November, then the election has
to be called now to preserve that option.
DATE: uy ITEM NUMBER:
Possible Transportation Funding Issues
At the July 8, 2003 Council Study Session there was consensus among the members that a ballot
measure reallocating the unused Building Community Choices Community Enhancement funds for
the Highway 14 Relocation and Prospect Widening projects to be used for the Harmony Road and
Timberline Road projects be prepared for the November 4 election. Staff will prepare a resolution
for the September 2 meeting which places a transportation ballot measure on the November Special
Election ballot.
If the Council wishes to consider the placement of issues relating to transportation funding, or any
other matters,before the voters in November,it may do so by resolution no later than September 10
(the statutory deadline for certifying ballot content to the County Clerk). The Council will hold a
regular meeting on September 2.
. ORDINANCE NO. 102, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN CONJUNCTION WITH THE NOVEMBER 4, 2003
LARRvER COUNTY COORDINATED ELECTION
WHEREAS, a group of local citizens has circulated a referendum petition calling for the
repeal of Ordinance No. 084, 2003 (the "Ordinance") or submission of the Ordinance to a vote of
the qualified electors of the City; and
WHEREAS, said petition was submitted to the City Clerk on July 14,2003,and the Clerk's
examination,of the petition has not yet been completed; and
WHEREAS, if the City Clerk determines that the petition is sufficient for referendum, the
Council must reconsider the Ordinance, and if the Council does not repeal the Ordinance, the
Council must refer the Ordinance to a vote of the registered electors at the next regular or special city
election scheduled for any other purpose or call a special election for that specific purpose; and
WHEREAS,the Council may also wish to consider placing before the voters a ballot measure
changing the use of certain tax revenues to help fund transportation projects in the City, which
measure would be placed before the voters in November at a special election to be held on
• November 4, 2003, 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,for the foregoing reasons,the Council wishes to call a special municipal election
on November 4, 2003,to be held in conjunction with the Larimer County Coordinated Election,for
the purpose of submitting to the electorate of the City any 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 4, 2003, 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 provisions of the 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 3. That,notwithstanding any provision in the State Statutes to the contrary, the
City Council may, by resolution, submit to the voters at said election any citizen-initiated or City-
initiated measure that complies with the requirements of the City Charter,irrespective of the nature
of such measure.
Section 4. 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 10, 2003.
Section5. That the City Manager is hereby authorized to enter into an intergovernmental
agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2)of the
Colorado Revised Statutes.
Section 6. In the event that the Council does not take action by resolution prior to
September 10, 2003 to submit any ballot measures to the voters at the November 4, 2003 Larimer
County Coordinated Election,the election provided for herein shall be cancelled and the provisions
of this Ordinance shall be of no further force and effect.
Introduced,considered favorably on first reading,and ordered published this 15th day of July,
A.D. 2003, and to be presented for final passage on the 19th day of August, A.D. 2003,
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
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