HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/04/2014 - SECOND READING OF ORDINANCE NO. 151, 2014, REPEALIAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY November 4, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Second Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending Chapter 12 of
City Code to Establish Regulations Regarding Disposable Bags.
EXECUTIVE SUMMARY
On October 10, 2014, the City Clerk certified that a referendum petition seeking to repeal Ordinance No. 099,
2014, Amending Chapter 12 of City Code to Establish Regulations Regarding disposable Bags was sufficient.
On October 21, 2014, Council voted 6-1 (nays: Poppaw) to repeal Ordinance No. 099, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (PDF)
2. Ordinance No. 151, 2014 (PDF)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY October 21, 2014
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Items Relating to the Disposable Bags Referendum Petition.
EXECUTIVE SUMMARY
A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 099, 2014, Amending Chapter 12 of
City Code to Establish Regulations Regarding Disposable Bags. (No Action Needed)
AND
B. First Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending Chapter 12 of
City Code to Establish Regulations Regarding Disposable Bags.
OR
C. First Reading of Ordinance No. 152, 2014, Calling a Special Election for the Purpose of Submitting to the
Registered Electors a Citizen Referendum of Ordinance No. 099, 2014 Amending Chapter 12 of the Code
of the City of Fort Collins Establishing Regulations Regarding Disposable Bags
OR
D. Resolution 2014-097 Referring Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish
Regulations Regarding Disposable Bags to a Vote of the Registered Electors of the City at the Next
Regular Municipal Election on April 7, 2015.
On September 29, 2014, a referendum petition was filed with the City Clerk’s Office seeking to repeal
Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable
Bags. On October 10, 2014, the City Clerk determined that the referendum petition was sufficient, absent a
protest being filed by the October 9 deadline.
Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of the
ordinance in question is automatically suspended pending repeal by the Council or final determination by the
voters. If the ordinance is not repealed, 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.
If the Council chooses to refer the measure to the voters, the Council may call a special election for this
specific purpose. The earliest practical opportunity for a special election would be January 2015.
If the Council chooses to wait until April 2015 to have the voters consider this issue, Resolution 2014-097 is
presented to place the issue on the ballot and set the ballot language. If Council opts for a special election on
another date, a revised Resolution will be presented to Council on November 4 in conjunction with Second
Reading of the Ordinance calling the special election.
ATTACHMENT 1
Agenda Item 15
Item # 15 Page 2
STAFF RECOMMENDATION
Staff recommends Council select among the options provided.
FINANCIAL / ECONOMIC IMPACTS
The cost for a special election would exceed $100,000.
ATTACHMENTS
1. Certification of Referendum Petition (PDF)
2. Ordinance No. 099, 2014 Amending Chapter 12 of City Code to Establish Regulations Regarding
Disposable Bags (PDF)
3. Powerpoint presentation (PDF)
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ORDINANCE NO. 151, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 099, 2014, AMENDING CHAPTER 12
OF THE CODE OF THE CITY OF FORT COLLINS TO
ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS
WHEREAS, on August 19, 2014, the City Council adopted on second reading Ordinance
No. 099, 2014, Amending Chapter 12 of the Code of the City of Fort Collins Regarding
Disposable Bags (the “Ordinance”); and
WHEREAS, on August 26, 2014, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on September 9, 2014, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on September 29, 2014, the Referendum Petition was filed with the City
Clerk; and
WHEREAS, on October 10, 2014, the City Clerk determined that the Referendum
Petition did contain the requisite number of signatures (at least 2,604) to warrant further action
by the City Council and that such petition was sufficient within the meaning of Article X,
Section 5(f) of the City Charter; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the
City Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the ordinance in question pending repeal by the Council or final
determination by the electors; and
WHEREAS, Council has determined that the Ordinance should be repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Ordinance No. 099, 2014, Amending Chapter 12 of the Code of the City
of Fort Collins to Establish Regulations Regarding Disposable Bags, is hereby repealed in its
entirety.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk