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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/16/2002 - ITEMS RELATING TO THE CALLING OF A SPECIAL MUNICIP AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: July 16, 2002 FORT COLLINS CITY COUNCIL FROM: Wanda Krajicek SUBJECT7111, Items Relating to the Calling of a Special Municipal Election to Be Held in Conjunction with the November 5, 2002 Larimer County General Election, and Placing a Proposed Charter Amendment on Said Ballot. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Presentation of a Petition Relating to Citizen-Initiated Ordinance No. 1, 2002 (Which Continues the City's Existing Open Space Sales and Use Tax)Certified by the City Clerk as Sufficient for Placement on a Special Election Ballot. B. First Reading of Ordinance No. 100, 2002, Calling a Special Municipal Election to be held in Conjunction with the November 5, 2002 Larimer County General Election. C. First Reading of Ordinance No. 101, 2002, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article X of the City Charter, Pertaining to Initiative and Referendum The City Clerk's Office received an initiative petition on June 24,2002,which has been determined to contain a sufficient number of signatures to place the initiated measure on a special election ballot. Ordinance No. 100, 2002, calls a Special Municipal Election to be held in conjunction with the November 5, 2002 Latimer County General Election. Ordinance No. 101, 2002, places a Charter amendment on the November 5, 2002 Special Election ballot. The proposed Charter amendment was considered by the Council Governance Committee on April 17, 2002. ACKGROUND: Citizen Initiative The City Clerk's Office has certified a sufficient number of signatures on an initiative petitions received on June 24, 2002. 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 10 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 DATE: July 16, 2002 2 ITEM NUMBER: 2 electors of the city. Because the petition proposes an ordinance that is subject to the election requirements of Article X, Section 20 of the Colorado Constitution (TABOR), the Council must submit the proposed measure to the voters. The City Charter requires that,if a petition requests a special election(which this petition does),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. TABOR elections must either be held at the regular City election or in conjunction with the state general election or on the first Tuesday in November of odd numbered years. Accordingly, Ordinance No. 100, 2002, calls a special election to be held on November 5, 2002 in conjunction with the Latimer County General 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 11, and authorizes the City Manager to enter into an intergovernmental agreement with Latimer County for the conduct of the election. At the August 20,2002 meeting,Council will be presented with a resolution submitting the citizen- initiated ordinance to a vote of the registered electors at a special election to be held in conjunction with the November 5, 2002 Latimer County General Election. Charter Amendment Article X, Section I(e) of the Charter presently provides that upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the proposed ordinance or resolution without alteration within 30 days, or submit such proposed measure in the form petitioned for, to the registered electors of the city. However, if an initiated ordinance is subject to a vote of the people pursuant to Article X, Section 20 of the Colorado Constitution (TABOR),the City Council cannot adopt such ordinance without an election. The proposed Charter amendment amends Article X,Section I(e)of the Charter to reflect more accurately the alternatives available to the Council when presented with an initiative petition proposing a measure that requires voter approval in advance under Article X, Section 20 of the Colorado Constitution. Other Potential Ballot Issues 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 I 1 (the statutory deadline for certifying ballot content to the County Clerk). The Council will hold a regular meeting on September 3. • STATE OF COLORADO ) COUNTY OF LARIMER ) SS. CITY OF FORT COLLINS ) PETITION CERTIFICATION I, the undersigned, duly appointed and authorized City Clerk of the City of Fort Collins, Colorado do hereby certify that a petition received from Linda Stanley on Monday, June 24, 2001, requesting that Council place an initiated ordinance on a special municipal election ballot, has been determined to contain at least 3,232 signatures of registered voters who live within the Fort Collins city limits, and the petition is determined to be Msufficient to require placement of the measure on a special municipal election ballot. Said initiated ordinance pertains to the acquisition of open spaces, community separators, natural areas,wildlife habitat, riparian areas,wetlands,and valued agricultural lands for the purpose of conserving and protecting such lands and providing appropriate access, use, and enjoyment to the citizens of Fort Collins, which shall be funded by extending the existing twenty-five one-hundredths (.25) percent sales and use tax authorized by Ordinance No. 29, 1997 for a period of twenty-five (25) years, expiring at midnight on December 31, 2030. Dated at Fort Collins, Colorado this 26th day of June, A.D. 2002. (SEP, L) Wanda Krajicek, Cit CI k ORDINANCE NO. 100, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 5, 2002 LARIMER COUNTY GENERAL ELECTION WHEREAS, a group of local citizens has circulated an initiative petition relating to the extension of the City's existing open space sales and use tax; and WHEREAS,said petition was submitted to the City Clerk on June 24,2002,and the Clerk's examination has determined that the petition is 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 5, 2002, in conjunction with the Latimer County General 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 5, 2002, to be held in conjunction with the Larimer County General Election, for the purpose of submitting to the electorate of the City the above-referenced initiative, 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 5,2002,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 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 11, 2002. Section 4. 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 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk • ORDINANCE NO. 101, 2002 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 XIV,Section 8 of the Charter of the City of Fort Collins(the "Charter") 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 l(e) of the Charter provides that, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the proposed ordinance or resolution without alteration within 30 days,or submit such proposed measure in the form petitioned for, to the registered electors of the city; and WHEREAS,if an initiated measure requires a vote of the people under Article X Section 20 of the Colorado Constitution before being enacted, the City Council cannot adopt such ordinance without an election; and • WHEREAS, the City Council believes that Article X, Sections 1(d) and (e) of the Charter should be amended to reflect more accurately the alternatives available to the Council when presented with an initiative petition certified as sufficient by the City Clerk that proposes a measure requiring voter approval in advance under Article X, Section 20 of the Colorado Constitution; and WHEREAS, the Council wishes to submit a proposed Charter amendment to the registered electors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section I. That the following proposed amendments to Article X Sections 1(d) and (e) of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 1"at a special municipal election to be held in conjunction with the Larimer County General Election on Tuesday, November 5, 2002: ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (d) Petition deadlines. The initiative petition shall be filed no more than sixty (60)days after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least sixty (60) days prior to the next regular city election. If the petition request a special election in conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such elections, andfagglei+ th>Artile„ 5ectioq 2f}pf EFte Colorado Constitution,anti shall advise the petition representatives in writing as to the submittal deadline. (e) Action by Council. Upon presentation of an initiative petition certified as to sufficiency„ by the City Clerk as heteittaftet pro vi the Council shall either ' adopt the proposed ordinance or resolution without alteration;within thirty (30) days, or 'submit such proposed measure; in the form petitioned for, to the registered electors of the city protnded, however, autrespetagpraalrm>advance itnder Article X, m r ; aboesh�l"r�otbe^available • s r x t � deb; ,g�odieasure�sljaltsstead be suhttutted to a vote of the r ,peyttt + $tgpo,ttg sgch a measure zegtg (s a fled C at�l thei�gred a 2Q" the aad0 be L a t�?at gy} fi a #' v C@P cs rrn �,dli tt' d;t; „��,c <,� , " irF' ,d elec(�r' aC`�t, e�k�ext regnlai;;etty�, echatt art the x t iPmu rm *p stgt,W §vEx i Q,SAS"8 -' ,� ndua�rf�u�lder ,�._�grades Asa tto�,'the p'' gosedmeasur�,tf snot to a v teof t egula ot' Ikon or l theskr tiative,pedi Qn i�guests l be spectaeelton, the groposed measure shal of lie egiSte ail electg a special election to be called by�the C4rctfuttthin gne`huitdr€ vw cnCY(120aysbf the presfaUan�of the�certified z,r t eft g @ trhtpto tF a Caunctl;runless afly.other regular or species 4citp elee ion'isFta:ocaur within said pettodsn wJitgh cash the proposed rpeasure stiall',b,e submtted,at,such Atli reg% anrspecia,eity ejection.; 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. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. I to the voters at said election: . CITY INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Article X, Sections 1(d) and (e) of the City Charter be amended to conform to the requirements of Article X, Section 20 of the Colorado Constitution, so that any citizen initiated measure that requires voter approval in advance under Article X, Section 20 of the Colorado Constitution would have to be submitted to a vote of the registered electors of the City as required by said constitutional provision? _YES NO Introduced and considered favorably on first reading,and ordered published this 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk •