HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2019 - POSSIBLE CONSIDERATION, BY CITY COUNCIL, OF A MOTIAgenda Item 24
Item # 24 Page 1
AGENDA ITEM SUMMARY February 19, 2019
City Council
STAFF
Delynn Coldiron, City Clerk
John Duval, Legal
SUBJECT
Possible Consideration, by City Council, of a Motion to Amend Resolution 2019-022 Related to the Ballot
Language for the Renewal of the City's Current "Keep Fort Collins Great" .85% Sales and Use Tax.
EXECUTIVE SUMMARY
The purpose of this item is to give Council the opportunity to consider a Motion to Amend Resolution 2019-022
in response to any contest filed in the courts to challenge under City Code Section 7-156 and Section 1-11-
203.5 of the Colorado Revised Statutes (CRS) the form or content of the ballot question submitted in
Resolution 2019-022 to the City’s electors at the April 2, 2019, regular City election.
STAFF RECOMMENDATION
Staff recommends consideration by Council of a Motion to Amend if an amendment is desired in light of a
timely-filed contest in court.
BACKGROUND / DISCUSSION
At its February 12, 2012 meeting, the City Council adopted Resolution 2019-022 (Attachment 1) in which it
submitted to the City’s electors a ballot question for the renewal of the City’s current “Keep Fort Collins Great”
.85% sales and use tax. At that meeting the Council considered two protests to the ballot question that were
filed with the City under City Code Section 7-156. Although the Council denied both protests, it did make some
changes to the ballot question suggested by one of the protestants.
Code Section 7-156 provides that any legal challenge or contest to the form or content of a Council adopted
ballot question must be filed in the City’s Municipal Court or in Larimer County District Court using the contest
procedures set forth in CRS Section 1-11-203.5. While these procedures provide for an expedited process for
these contests to be heard and decided by the courts, the filing of a contest has the potential for interfering
with the City’s schedule to print and mail the ballots and the election notice required under Colorado’s
Taxpayer’s Bill of Rights.
This item is therefore being presented to Council to give it the opportunity to consider any changes to the ballot
question in Resolution 2019-022 if a contest has been timely filed by the time of this Council meeting (February
19).
Under the Council’s adopted Rules of Procedure, the Council may make a “Motion to Amend Something
Previously Adopted” at any time to amend a previously adopted resolution provided no actions have been
taken under that resolution that cannot be undone (see, Section 3 of “Restorative Motions” on page 10 of
Council’s Rules of Procedure). No actions have been taken concerning the ballot question in Resolution 2019-
022 that cannot be undone.
Agenda Item 24
Item # 24 Page 2
ATTACHMENTS
1. Resolution 2019-022 (PDF)
ATTACHMENT 1