The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/21/2014 - ITEMS RELATING TO THE DISPOSABLE BAGS REFERENDUM PAgenda 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 If the ordinance is not repealed, the Council must refer the ordinance to a vote of the registered electors at the next regular or special City election scheduled for any other purpose.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. 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) ATTACHMENT 1 ATTACHMENT 2 1 Timeline Disposable Bag Ordinance Aug Sep Oct 2014 Presentation of Certified Petition Oct. 21 Petition Found Sufficient Oct. 6 Referendum Petition Filed Sep. 29 Form of Petition Approved Sep. 9 Notice of Protest Filed Aug. 26 Adoption of Ord. 99 Aug. 19 ATTACHMENT 3 2 City Council Options • Repeal Ordinance No. 099, 2014 • Refer the Ordinance to the April 7 Regular City election • Refer the Ordinance to a Special Election - 1 - 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. - 2 - 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 - 1 - ORDINANCE NO. 152, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL 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 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 Establishing Regulations 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 contained the requisite number of signatures (at least 2,604) to warrant further action by the City Council, 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 pending repeal by the Council or final determination by the electors; and WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not repealed, the Council must refer the same to a vote of the registered electors at the next regular or special city election, or, in the alternative, call a special election for that purpose; and WHEREAS, the Council has, this same date, determined that the Ordinance should not be repealed by the Council but should instead be referred to the registered electors; and WHEREAS, the Council has further determined that it would be in the best interest of the City to call a special municipal election on the date specified below in order to submit the Ordinance to a vote of the registered electors of the City at such special election. 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, _________________. - 2 - Section 2. That the use of an electronic system to record the votes at said election is hereby authorized. Section 3. That, no later than November 4, 2014, the City Manager shall present for Council’s consideration a resolution specifying the form of the ballot language for the above- described referred measure. 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 - 1 - RESOLUTION 2014-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS REFERRING ORDINANCE NO. 099, 2014, AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS 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 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 to Establish Regulations 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 contained the requisite number of signatures (at least 2,604) to warrant further action by the City Council; 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 pending repeal by the Council or final determination by the electors; and WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not repealed, the Council must refer the same to a vote of the registered electors at the next regular or special city election, or, in the alternative, call a special election for that purpose; and WHEREAS, the City Council has determined that the Ordinance should not be repealed by the Council but should instead be referred to the registered electors at the next regular City election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. 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 referred to the registered electors of the City of Fort Collins at the next regular city election to be held on Tuesday, April 7, 2015, in the following form: - 2 - CITIZEN-REFERRED ORDINANCE 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 to Establish Regulations Regarding Disposable Bags (the “Ordinance”), which established certain regulations regarding the use of disposable bags, including disposable bag charge requirements, and the retention and administration of the disposable bag charge. A petition signed by a sufficient number of registered electors was submitted to the City Clerk seeking the repeal of the Ordinance. On October 21, 2014, the City Council referred the Ordinance to the registered electors of the City at this election, as permitted by the City Charter. Shall the Ordinance be repealed? YES _____ NO _____ Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of October, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk