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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2012 - SECOND READING OF ORDINANCE NO. 066, 2012, CALLINGDATE: August 21, 2012 STAFF: Rita Harris AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 066, 2012, Calling a Special Municipal Election to Be Held in Conjunction with the November 6, 2012 Larimer County General Election. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 17, 2012, calls a Special Municipal Election to be held in conjunction with the November 6, 2012 Larimer County General Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its September 4 meeting. If Council does not take final action by ordinance or resolution before the statutory deadline (September 7) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 6, 2012 ballot. However, Resolution 2012-062 Submitting a Citizen-initiated Ordinance Dealing with Medical Marijuana Businesses to a Vote of the Registered Electors of the City at a Special Municipal Election to Be Held on November 6, 2012, in Conjunction with the Larimer County General Election was adopted on July 17, 2012. The purpose of the initiated measure is to strictly regulate, control and permit a limited number of state-authorized medical marijuana businesses within the city of Fort Collins and establish reasonable restrictions on the signage and advertising of these businesses to match community needs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 17, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: July 17, 2012 STAFF: Rita Harris AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 066, 2012, Calling a Special Municipal Election to Be Held in Conjunction with the November 6, 2012 Larimer County General Election. EXECUTIVE SUMMARY This Ordinance calls a Special Municipal Election to be held in conjunction with the November 6, 2012 Larimer County General Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its September 4 meeting. If Council does not take final action by ordinance or resolution before the statutory deadline (September 7) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 6, 2012 ballot. However, a group of citizens recently circulated an initiative petition proposing to reverse the ban on medical marijuana businesses, which was approved by the voters in November 2011. The certified petition is presented to Council this same date under Agenda Item #39. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 066, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 6, 2012 LARIMER COUNTY COORDINATED ELECTION WHEREAS, under Article X, Section 1 of the City Charter, the registered electors of the city have the power to propose a measure to the City Council, and if the City Council fails to adopt such measure, to have the same considered by the electors of the City at the polls; and WHEREAS, an initiative petition proposing a ballot measure that would reverse the voter- imposed ban on medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused product manufacturing within the City has been determined by the Interim City Clerk to contain a sufficient number of signatures for placement of the measure on a special election ballot; and WHEREAS, said petition requests a special election on November 6, 2012; and WHEREAS, in order to place the citizen-initiated measure, or any Council-initiated or referred measures measure, before the voters on November 6, 2012, City Council must first call the election; and WHEREAS, for the foregoing reasons, the City Council wishes to call a special municipal election on November 6, 2012, to be held in conjunction with the Larimer County General Election, for the purpose of submitting to the electorate of the City any ballot issues approved by the City 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 is hereby called for Tuesday, November 6, 2012, which shall be held in conjunction with the Larimer County General 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 7, 2012. Section 5. 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. That, in the event that the City Council does not take action by ordinance or resolution prior to September 7, 2012 to submit any ballot measures to the voters at the November 6, 2012 Larimer County General 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 17th day of July, A.D. 2012, and to be presented for final passage on the 21st day of August, A.D. 2012. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of August, A.D. 2012. Mayor ATTEST: City Clerk