HomeMy WebLinkAbout2020CV30833 - CITY OF FORT COLLINS V. PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, ET. AL - 015A - EXHIBIT 1 - COLDIRON AFFIDAVITDISTRICT COURT, COUNTY OF LARIMER,
COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, Colorado 80521-2762
(970) 498-6100
Plaintiff: THE CITY OF FORT COLLINS, COLORADO,
a Colorado home rule city and municipal corporation,
v.
Defendants: PLANNING ACTION TO TRANSFORM
HUGHES STADIUM SUSTAINABLY CORP, a Colorado
nonprofit corporation; and ELENA M. LOPEZ, MELISSA
ROSAS, AND PAUL PATTERSON, each in their official
capacity as a petition representative of the persons signing the
petition for a citizen initiated ordinance relating to the City
of Fort Collins rezoning and acquiring certain real property
Carrie M. Daggett #23316
City Attorney
John R. Duval #10185
Deputy City Attorney
Fort Collins City Attorney's Office
300 Laporte Avenue
P.O. Box 500
Fort Collins, Colorado 80522
970-221-6520
Fax: 970-221-6327
cdaggett@fcgov.com
jduval@fcgov.com
Andrew D. Ringel #24762
Hall & Evans, L.L.C.
1001 17'h Street, Suite 300
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
ringela@hallevans.com
Attorneys for Plaintiff
♦ COURT USE ONLY
Case Number: 2020 CV 30833
Division: 3B
AFFIDAVIT OF DELYNN COLDIRON
AFFIANT, being duly sworn upon oath, states:
1. My name is Delynn Coldiron. I am over the age of 18 and I have personal knowledge of the
matters set forth in this Affidavit.
2. I am the City Clerk of the City of Fort Collins (the "City"). I was appointed the Interim City
Clerk on August 7, 2017, and I was appointed City Clerk on September 26, 2017. Pursuant to Article
II, Section 12 of the City Charter and Section 2-494 of the City Code, the City Clerk is appointed by
the City Manager to act as Clerk of the Fort Collins City Council (the "Council"). The City Charter
and Code provide that the City Clerk has the following duties:
(1) give notice of Council meetings;
(2) keep a journal of Council proceedings;
(3) authenticate by his or her signature and permanently record in full all ordinances and
resolutions; and
(4) perform other duties required by the City Charter, the City Code or by the City
Manager.
3. Included in the duties assigned to me in the City Charter are those set forth in Charter
Article X concerning citizen initiatives and referendum.
4. I am aware of the above -captioned action filed by the City against the above -named defendants
and I have reviewed the "Complaint for Declaratory Relief Pursuant to C.R.C.P. 57 and the Uniform
Declaratory Judgments Law" filed on December 7, 2020, in Larimer County District Court Case No.
2020CV30833 (the "Complaint") and the exhibits filed with the Complaint. I rtinderstand the
Complaint asks the Larimer County District Court (the "Court") to determine whether the "Initiated
Ordinance," as described in the Complaint and attached as Exhibit B of the Complaint, (the "Initiated
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Ordinance") includes certain administrative matters that are not subject to a citizen initiative as
provided in the Colorado Constitution and the City Charter.
5. I have also reviewed the "Plaintiff's Motion for Summary Judgment" to be filed by the City in
the above -captioned action ("the Motion"), including the exhibits attached to it that are described in
the Motion's "Statement of Undisputed Material Facts" at paragraph numbers 1, 2, 3, 4, 5, 7, 9, 13, 15
and 18.
6. Pursuant to Article II, Section 8 of the City Chatter, "a true copy of every ordinance, when
adopted, shall be numbered and recorded in a book marked `Ordinance Record,' and adoption and
publication shall be authenticated by the signatures of the Mayor and the City Clerk, and by the
certificate of the publisher, respectively. The ordinances as adopted by the vote of the qualified electors
of the city shall be separately numbered and recorded."
7. I have reviewed the official Ordinance Record kept in the Office of the City Clerk (the "Clerk's
Office") and hereby attest that the ordinances described in paragraphs 13 and 15 of the Motion's
Statement of Undisputed Material Facts and attached as Exhibits 10 and 11 to the Motion (collectively,
"the Ordinances"), are true and correct copies of the measures adopted by Council on the dates stated
therein, and bear the signature of the Mayor and City Clerk at the time adopted and the City's seal.
Pursuant to Article II, Section 10 of the City Charter, I hereby certify the Ordinances by my signature
and under seal of the City affixed to this Affidavit. I further certify that the "Annexation Ordinance"
attached as Exhibit 13 to the Motion was recorded in the records of the Larimer County Colorado
Clerk and Recorder on October 30, 2018, at Reception #20180066468.
8. I have reviewed Clerk's Office records concerning the resolutions adopted by City Council
and can certify Resolution 2020-105 described in paragraph 9 of the Motion's Statement of
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Undisputed Material Facts and attached as Exhibit 9 to the Motion is a true and correct copy of the
Resolution 2020-105 the City Council adopted on November 17, 2020 ("Resolution 2020-105").
9. On August 27, 2020, Defendants Elena M. Lopez, Melissa Rosas and Paul Patterson
(collectively, the "Petition Representatives") submitted to the Clerk's Office the "Notice of Intent to
Circulate an Initiative Petition related to the Hughes Stadium Property" dated August 27, 2020 (the
"Notice of Intent to Circulate") and I certify Exhibit 3 attached to the Motion is a true and correct
copy of the Notice of Intent to Circulate.
10. On or about September 3, 2020, the Petition Representatives submitted to Clerk's Office the
form of the petition for the Initiated Ordinance to be circulated for signing by the City's registered
electors (the "Petition"), and I certify Exhibit 4 attached to the Motion is a true and correct copy of
the Petition.
11. On September 4, 2020, the form of the Petition was approved in the "Petition Form
Approval" dated September 4, 2020, signed by Chief Deputy City Clerk Rita Knoll, (the "Petition
Approval") and I certify Exhibit 5 attached to the Motion is a true and correct copy of the Petition
Approval.
12. On November 2, 2020, the Petition Representative Melissa Rosas submitted the signed
Petition to the Clerk's Office as evidenced by the "Petition Receipt" (the "Petition Receipt") and I
certify Exhibit 6 attached to the Motion is a true and correct copy of the Petition Receipt..
13. After examining the signatures in the signed Petition, I issued on November 5, 2020, my
"Statement of Initiative Petition Sufficiency" dated November 5, 2020, (the "Statement of
Sufficiency") and I certify Exhibit 7 attached to the Motion is a true and correct copy of the Statement
of Sufficiency.
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14. I certified in the Statement of Sufficiency that the Petition contained more than the 3,280 valid
signatures required for the Initiated Ordinance to be placed on the ballot of the City's April 6, 2021,
regular election.
15. I certify that the form and wording of the Initiated Ordinance in the Petition for which I issued
the Statement of Sufficiency is as shown in Exhibit 8 attached to the Motion.
16. I presented the Statement of Sufficiency to the Council at its regular meeting on November
17, 2020, the Council's next regular meeting after I issued the Statement of Sufficiency.
17. At its November 17, 2020, meeting, the Council adopted Resolution 2020-105 provisionally
and conditionally submitting in Section 2 of Resolution 2020-105, subject to this declaratory action,
the Initiated Ordinance to a vote of the City's registered electors at the City's April 6, 2021, regular
election.
18. The Council also provisionally and conditionally adopted in Section 3 of Resolution 2020-105,
subject to this declaratory action, the ballot title and submission clause for the Initiated Ordinance to
be submitted to the City's registered electors on the ballot at the City's April 6, 2021, regular election.
19. Defendants Elena M. Lopez, Melissa Rosas and Paul Patterson are the City registered electors
designated as the "petition representatives" in the Notice of Intent to Circulate and the Petition as
required by Charter Article X, Section 5(e) for citizen -initiated ordinances.
20. The City is organized and existing as a home rule municipality under Article XX of the
Colorado Constitution as provided in the Charter of the City of Fort Collins (the "Charter").
21. Exhibit 14 attached to the Motion is a true, correct and complete copy of the Charter in the
form it has existed since the City's electors last approved amendments to the Charter at the City's
November 7, 2017, special election.
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FURTHER, Affiant sayeth naught.
STATE OF COLORADO
}
COUNTY OF LARIMER
SS.
64'
Subscribed and sworn to before me this day of a -021, by Delynn Coldiron.
AIMEE JENSEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19l64022195
MY COMMISSION EXPIRES JANUARY 13, 2021