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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/12/2012 - POTENTIAL BALLOT QUESTIONS FOR A NOVEMBER 2012 SPEDATE: June 12, 2012 STAFF: Diane Jones, Rita Harris, Steve Roy Pre-taped staff presentation: none WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Potential Ballot Questions for a November 2012 Special Election and/or April 2013 Regular Election. EXECUTIVE SUMMARY Councilmembers expressed an interest in discussing election-related ballot questions to be placed before the electorate at a special election to be held in conjunction with the November Presidential Election or at the City’s April 2013 Regular Election. One possible City Code amendment was also mentioned. Topics identified for discussion include: • Councilmember/Mayoral Term Limits (Charter amendment) • Council District Configuration/At-large Representation (Charter Amendment) • Campaign Contribution Limits (City Code Amendment) In addition to the topics identified by Council, staff has also compiled a list of several “housekeeping” Charter amendments for Council consideration. Those suggested amendments are described in more detail below. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What Charter amendments, if any, would Council like staff to bring back for placement on the ballot for a special election to be held in conjunction with the November Presidential Election? 2. What Charter amendments, if any, would Council like to see on the April 2013 Regular Municipal Election ballot? 3. Is Council interested in considering an ordinance amending campaign contribution limits? BACKGROUND / DISCUSSION Councilmember/Mayoral Term Limits (Charter Amendment) At the general election on November 8, 1994, Colorado voters approved an amendment to the Colorado Constitution establishing term limits for municipal elected officials. Referred to as Amendment 17, the citizen-initiated constitutional amendment placed statewide term limits on every June 12, 2012 Page 2 state and local elected official in Colorado. The provisions of Amendment 17 generally limit elected officials to no more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, elected officials are limited to no more than three consecutive terms in office. Application of Amendment 17 in Fort Collins currently limits Councilmembers to two consecutive four-year terms, and the Mayor to three consecutive two-year terms. Amendment 17 also permits the voters of any such political subdivision to lengthen, shorten or eliminate the limitations on terms of office imposed by the Amendment. Prior to enactment of Amendment 17, Fort Collins did not have term limits for elected officials. Since enactment of Amendment 17, Fort Collins voters have not considered a term limits question. It is important to note that the modification of the constitutionally imposed term limits does not necessarily require amending the Charter, since the Charter does not currently speak to the number of consecutive terms that the Mayor or other Councilmembers may serve. However, staff believes that, if the City Council wishes to modify the term limits, it would be advisable to present the issue to the voters as a proposed Charter amendment so that the number of terms, if modified, would be specified in the Charter. Since 1995, 190 municipal ballot questions relating to term limits (in varying forms) have been submitted to voters throughout Colorado. Of those, 110 (57.9%) have been approved by the voters. Council District Configuration/At-large Representation (Charter Amendment) In February 1972, voters approved an amendment to the Charter increasing the number of council members from five to seven, and providing for the nomination and election of three such members from the city at large, and the nomination and election of the other four members from districts to be established by ordinance, with all members to be elected by the City at large. In March 1987, the Charter was further amended by the voters to require four members of the City Council to be nominated and elected by districts of the City beginning in 1989 and the remaining three members of the City Council to be nominated and elected by the City at-large. The Charter was again amended in November 1990 to provide for the at-large election of the Mayor by city voters; and to provide for the nomination and election of six Councilmembers by district. Municipality # of Members (includes Mayor) How Mayor Elected/ Selected How Council Elected Council Term Length and Limits Aurora 11 At large; 4 yr term 6 by dist; 4 at large 4 yr terms; 3 term limit Boulder 9 Selected by Council for a 2 yr term 9 at large 4 yr terms (8 members) 2 yr term (1 member) Colorado Springs 9 At large; 4 yr term 4 by dist; 5 at large 4 yr terms; 2 term limit Commerce City 9 At large; 4 yr term 4 by dist; 4 at large 4 yr terms; 2 term limit Greeley 7 At large; 2 yr term 4 by dist; 2 at large 4 yr terms; 2 term limit for Councilmembers; 4 term limit for Mayor June 12, 2012 Page 3 Municipality # of Members (includes Mayor) How Mayor Elected/ Selected How Council Elected Council Term Length and Limits Longmont 7 At large; 2 yr term 3 by dist; 3 at large 4 yr terms; 2 term limit for Councilmembers; 3 term limit for Mayor Loveland 9 At large; 2 yr term 8 by dist (2 per dist) 4 yr terms; no term limits Pueblo 7 No Mayor - “President” elected by the Council 4 by dist; 3 at large 4 yr terms; 2 term limit Thornton 9 At large; 4 yr term 8 by dist (2 per dist) 4 yr terms; 2 term limit Campaign Contribution Limits (City Code Amendment) Section 7-135(a) of the City Code currently prohibits a person from making a contribution or contribution in kind totaling more than $100 to a candidate for the office of Mayor, and $75 to a candidate for the office of Councilmember. These limits have been in place since October 2000. The following municipalities responded to a listserve request for information on campaign contribution limits: Municipality Contribution Limits Aurora No contribution limits Boulder $100 limit Colorado Springs No contribution limits Commerce City No contribution limits Greeley $500 for Councilmember candidates $750 for Mayor candidates (when established, limits were equal to one month’s compensation for each office) Longmont $200 limit (natural persons) $500 limit (persons other than natural persons*) Loveland $100 limit Pueblo No contribution limits Thornton No contribution limits * “Persons other than natural persons” means partnerships, committees, associations, corporations, labor organizations, or other organizations or group of persons. Any change to the campaign contribution limits will require an ordinance to amend the City Code. June 12, 2012 Page 4 Staff-proposed Charter Amendments During the past few years, staff has encountered situations that have highlighted the need for some clarification or changes in various other Charter provisions. The desired changes identified include: 1. Amending Article X, Section 1(d) to change the deadline for submitting citizen initiatives to 90 days prior to election (rather than 60) to allow enough time to meet TABOR deadlines. (If a petition filed 60 days before a regular City election is insufficient, either after initial examination or following a protest hearing, the deadline for filing an amended petition could occur after the deadline to submit pro and con statements relating to a TABOR issue, which is 45 days prior to the election.) [Art X, Sec 1(d)] 2. Changing the provision relating to petition signatures to allow the first signature of someone who signed twice to be counted, rather than disqualifying both signatures. [Art X, Sec 5(b)(3)] 3. Stating that the City Clerk would not return petitions to those filing petitions after reviewing a petition for sufficiency. (Petitions are, and should be, retained as records.) [Art X, Sec 5(f)(2)] 4. Clarifying that registered electors may protest either a determination of sufficiency or a determination of insufficiency of a petition. [Art X, Sec 5(f)(3)] 5. Authorizing the City Manager to appoint a hearing officer in the event of a protest relating to the sufficiency or insufficiency of a petition . Currently it is the City Clerk who reviews his or her own decision. [Art X, Sec 5(f)(3)] Although the Charter amendments listed above are important clarifications to make, staff believes they can all wait until City’s election in April 2013. Placing any of these Charter amendments on the November ballot could substantially increase the City’s share of the cost of the November election (see Cost to Participate in November 2012 Election below). TIMELINE FOR NOVEMBER 2012 ELECTION: Should the Council decide to submit Charter amendments to the voters in November 2012, the following deadlines should be considered: DAYS BEFORE/AFTER ELECTION DATE ACTION 120 days before November election 07/09/12 Earliest to publish notice of Charter amendments (mtg of 08/07/12 cancelled) 07/17/12 First Reading of Ordinance Calling November Special Election and Authorizing IGA with County 07/17/12 Deadline for First Reading of Ordinance(s) submitting Charter amendment(s) to November ballot 100 days before November Election 07/27/12 Deadline to notify County Clerk of intent to participate in Coordinated Election June 12, 2012 Page 5 DAYS BEFORE/AFTER ELECTION DATE ACTION 08/21/12 Second Reading of Ordinance Calling November Special Election and Authorizing IGA with County 08/21/12 Deadline for Second Reading of Ordinance(s) submitting Charter amendment(s) to November ballot 70 days before November Election 08/28/12 Deadline to sign IGA with Larimer County for conduct of November special election No later than 60 days before November Election 09/07/12 Deadline to certify ballot content to County Clerk At least 30 days before November Election 10/07/12 (publish on 09/30/12) Deadline to publish notice of Charter amendments COST TO PARTICIPATE IN NOVEMBER 2012 ELECTION: It is difficult to estimate what it would cost to participate in the November 2012 election. State law requires participating entities to pay a proportionate share of the cost of the entire election. That share is based on the number of registered voters in Fort Collins and the actual cost per registered voter. The formula does not take into account the amount of real estate used on the ballot; however, should the number of total ballot questions submitted by all participating entities require the County to us a two-page ballot (two physical sheets of paper), the total cost of the election is estimated to increase $400,000 to $500,000, of which the City will pay a proportionate share. When the City placed a tax increase measure on the November 2010 ballot, it cost Fort Collins approximately $146,000. In comparison, the November 2011 citizen-initiated question to ban medical marijuana businesses cost approximately $16,000. The November 2010 election was a vote center election; 2011 was a mail ballot election. The use of vote centers generates costs not normally seen in a mail ballot election: building rental, connectivity costs such as T-1 lines, vehicle costs, additional temporary workers and election judges, and movers. By law, mail ballot elections can only be used “in a primary election or an election that involves only nonpartisan candidates or ballot questions or ballot issues”. Larimer County is not prepared to estimate costs this early. Staff anticipates the City’s cost to participate in the November 2012 election will be somewhere in the $100,000-120,000 range. A citizen group is currently in the process of circulating petitions for placement of a medical marijuana question on the November ballot. If that petition effort is successful, the City will be participating in the November election and incurring an estimate $100,000+ in costs. It should not add a significant amount to the cost of the election if the City places one or two additional questions on the ballot, UNLESS doing so would require the County to use a two-page ballot. Since the June 12, 2012 Page 6 deadline for any participating entity to certify ballot language to the County is September 7, it is too early to determine the probability of a two-page ballot. ATTACHMENTS 1. Draft Charter language amendments 2. Municipal term limit elections/outcomes 3. Colorado Constitution - Article XVIII, Section 11. Elected government officials - limitation on terms DRAFT ARTICLE II. CITY COUNCIL Section 1. Membership; terms; term limits. (a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro Tem, elected as provided in this Article. (b) Method of election. The Mayor shall be nominated and elected from the city at large. The remaining six (6) members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate between the election of representatives for Council Districts 1, 3 and 5 and the election of representatives for Council Districts 2, 4 and 6. (c) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants. The districts shall be numbered consecutively in a clockwise fashion beginning with the northeast district, which shall be District 1. The Council shall establish by ordinance the process for adjusting district boundaries and giving notice of any proposed boundary changes, and the manner of protesting such proposed changes. (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) four (4) years, and the term of office of all other members of the Council shall be four (4) years each; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. (e) Term limits. Neither the Mayor nor any member of the Council shall serve more than three (3) consecutive four-year terms of office in their respective offices. Terms of office shall be considered consecutive unless they are at least four (4) years apart. For purposes of this section, the office of Mayor and the office of Councilmember shall be considered different offices. ATTACHMENT 1 DRAFT ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (a) Power. The registered electors of the city shall have the power at their option to propose ordinances or resolutions to the Council, and, if the Council fails to adopt a measure so proposed, to adopt or reject such ordinance or resolution at the polls. The procedure for initiative shall be as provided in this Article. (b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition. The notice commencing proceedings shall contain the full text of the proposed ordinance or resolution and shall state whether a special election is requested. After such notice has been filed, the City Clerk shall approve the petition for circulation in accordance with Section 5(b) of this Article. The petition shall be circulated, signed, verified, and filed in the manner prescribed in Section 5 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election, except when a special election is requested by the petitioners, the petition must be signed by registered electors equal in number to at least fifteen (15) percent of the total ballots cast in the last regular city election. (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) ninety (90) days prior to the next regular city election. If the petition requests 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, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and shall advise the petition representatives in writing as to the submittal deadline. (e) Action by Council. Upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council shall either (1) adopt the proposed ordinance or resolution without alteration within thirty (30) days, or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city; provided, however, that if the proposed measure requires voter approval in advance under Article X, Section 20 of the Colorado Constitution, alternative (1) above shall not be available to the Council and the proposed measure shall instead be submitted to a vote of the registered electors. If the initiative petition proposing such a measure requests a special election, the proposed measure shall be submitted to a vote of the registered electors on the first possible date permitted by Article X, Section 20 of the Colorado Constitution. If a special election is not requested, the proposed measure shall be submitted to a vote of the registered electors at the next regular city election. In the case of a proposed measure that does not require voter approval in DRAFT advance under Article X, Section 20 of the Colorado Constitution, the proposed measure, if not adopted by the Council under alternative (1) above, shall be submitted to a vote of the registered electors at the next regular city election or, if the initiative petition proposing such measure requests a special election, the proposed measure shall be submitted to a vote of the registered electors at a special election to be called by the Council within one hundred twenty (120) days of the presentation of the certified petition to the Council, unless any other regular or special city election is to occur within said period, in which case the proposed measure shall be submitted at such other regular or special city 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. (a) Power. The registered electors of the city shall have the power at their option to approve or reject at the polls, any ordinance adopted by the Council, except ordinances making the annual property tax levy, making the annual appropriation, calling a special election, or ordering improvements initiated by petition and to be paid for by special assessments. (b) Commencement of proceedings. One (1) or more registered electors may commence referendum proceedings by filing with the City Clerk within ten (10) days after final passage of the ordinance in question, a notice of protest against the going into effect of the ordinance. The notice shall be brief and need not state any reasons, but shall identify the ordinance or part thereof, or code section it proposes to have repealed. Not later than ten (10) days after the filing of the notice, the proponents shall present to the City Clerk the final form for the referendum petition conforming to the requirements of the Article. If the notice and petition form are timely presented, the City Clerk shall approve the petition form for circulation, in accordance with Section 5(b) of this Article. The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section 5 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election. (d) Petition deadlines. The referendum petition shall be filed within twenty (20) days after the City Clerk's approval of the petition for circulation. If a completed petition is not subsequently filed within the requisite time after the City Clerk's approval of the petition for circulation, the referendum effort is null and void and the petition shall not be circulated further. (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 refer the same to a vote of the registered electors at the next regular or special city election -2- DRAFT scheduled for any other purpose. Alternatively, the Council may call a special election for that specific purpose. Section 3. Council use of initiative and referendum. The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or resolution, to the vote of the people at a regular or special election in the same manner and with the same force and effect as is provided for citizen initiated and referred measures. Section 4. Repeal or amendment of initiated measure. An initiated measure submitted to the registered electors of the city by the Council, with or without a petition therefor, and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote. This provision shall not apply to ordinances or resolutions adopted by the City Council and referred to the voters. Section 5. Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be initiated or referred to the vote of the electors. (b) Form and content. (1) Approval of form for circulation. No petition shall be circulated until the City Clerk has approved the form for circulation. The City Clerk shall first determine that the petition form contains only the matters required by this Article. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form of petition which shall contain warnings and notices to signers as necessary. The City Clerk's approval under this Section shall not constitute an approval of the content of the petition, but rather, shall start the running of the time periods provided for circulation and filing of petitions. (2) Petition content. The petition shall be addressed to Council. a. Initiative. The petition shall contain or have attached to each section throughout its circulation the full text of the proposed ordinance or resolution and shall contain a general statement of purpose fairly and accurately summarizing the proposed ordinance or resolution, indicating that the petition is to be circulated in support of the initiated ordinance or resolution and specifying whether a special election is requested. b. Referendum. The petition shall contain or have attached to each section throughout its circulation the full text of the ordinance sought to be referred, clearly identifying the protested portions if only a partial repeal is sought. In the case of bond ordinances, the full text of the ordinance need not be set forth but the petition shall contain or have attached to each section -3- DRAFT throughout its circulation the title and summary of the ordinance in question as prepared by the City Clerk. (3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign an initiative or referendum petition more than once. In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures only the first such signature that is validated shall be counted, and all subsequent signatures shall be invalidated shall be subject to invalidation by the City Clerk. (c) Circulation of petition. 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. Only persons eighteen (18) years of age or older may circulate the petition for 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; (2) that the circulator is eighteen (18) years of age or older; (3) that he or she personally circulated the section; (4) that each signature was affixed in the circulator's presence; (5) 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; (7) that each signer had an opportunity before signing to read the full text of the petition; and (8) 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. (e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk within the requisite time limits or they will be deemed null and void. Each petition shall designate by name and address not less than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all matters affecting the petition. (f) Sufficiency of petition. -4- DRAFT (1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. (2) Insufficient petition; amendment. In case an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be withdrawn and amended by the filing of additional sections of the petition within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. A referendum petition may also be withdrawn and amended by the filing of additional sections of the petition but, in order for such amended petition to be considered, it must be refiled within the twenty-day period after the City Clerk's approval of the petition form for circulation. Within five (5) days after such amendment, the City Clerk shall make like examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the City Clerk shall return the petition to one (1) of the designated petition representatives. In the case of an initiative petition, the return of the petition is without prejudice to the a finding by the City Clerk that the petition is insufficient shall not prevent the filing of a new petition for the same purpose. However, a returned referendum petition found to be insufficient shall be is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. Registered electors desiring to protest the sufficiency of a determination that a petition is sufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. Registered electors desiring to protest a determination that a petition is insufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the date the City Clerk makes such determination of insufficiency. Either type of The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest, the City Clerk Manager shall appoint a hearing officer who shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk hearing officer shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk hearing officer who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. (4) Certification and presentation to Council. When and if a petition or amended petition is deemed sufficient, whether following the sufficiency determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so certify and present the certified -5- DRAFT petition to the Council at the next regularly scheduled meeting. The City Clerk's certificate shall then be a final determination as to the sufficiency of the petition. Section 6. Elections. (a) Generally. Elections on initiative and referendum measures shall be conducted in the same manner as provided generally for regular or special city elections in this Charter. (b) Ballots. Upon ordering an election on any initiative or referendum measure, the Council shall, after public hearing, adopt by resolution a ballot title and submission clause for each measure. The ballot title shall contain information identifying the measure as a city initiated or citizen initiated measure. The submission clause shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall unambiguously state the principle of the provision sought to be added. The official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, "Yes" and "No" in response to a ballot question, or "For the Ordinance" and "Against the Ordinance" or "For the Resolution" and "Against the Resolution." (c) Publication; notice of election. (1) Initiative. An initiated measure being considered for adoption by Council shall be published in like manner as other proposed ordinances and resolutions. If the initiated measure is submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the proposed ordinance or resolution. The text of a successful initiative measure need not be published in full after the election. (2) Referendum. If the referred measure is to be submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the referred ordinance. If the ordinance in question is a bond ordinance, the summary from the petition may be published in place of the full text. The full text of an ordinance passed on referendum need not be published after the election. (d) Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a majority of the registered electors voting on a referred ordinance, vote in favor of the ordinance, the ordinance shall go into effect without further publication upon certification of the election results, or at such later date as may be set forth in the ordinance itself. If the provisions of two (2) or more proposed or referred measures adopted or approved at the same election conflict, the measure receiving the highest affirmative vote shall become effective. (e) Frequency of elections. Any number of proposed ordinances or resolutions or referred -6- DRAFT ordinances may be submitted at the same election. Not more than one (1) special election on citizen- initiated measures shall be held in any twelve (12) months. This limitation does not apply to the Council which on its own motion may at any time call a special election for the purpose of considering any measure initiated, or adopted and referred, by the Council. Section 7. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. -7- ATTACHMENT 2 © 2012 by The Committee on Legal Services for the State of Colorado and Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. Section 11. Elected government officials - limitation on terms. (1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no nonjudicial elected official of any county, city and county, city, town, school district, service authority, or any other political subdivision of the State of Colorado, no member of the state board of education, and no elected member of the governing board of a state institution of higher education shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected official shall serve more than three consecutive terms in office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1995. For purposes of this Section 11, terms are considered consecutive unless they are at least four years apart. (2) The voters of any such political subdivision may lengthen, shorten or eliminate the limitations on terms of office imposed by this Section 11. The voters of the state may lengthen, shorten, or eliminate the limitations on terms of office for the state board of education or the governing board of a state institution of higher education imposed by this Section 11. (3) The provisions of this Section 11 shall apply to every home rule county, home rule city and county, home rule city and home rule town, notwithstanding any provision of Article XX, or Sections 16 and 17 of Article XIV, of the Colorado Constitution. Source: Initiated 94: Entire section added, effective upon proclamation of the Governor, L. 95, p. 1436, January 19, 1995. ATTACHMENT 3