HomeMy WebLinkAbout2017CV219 - ERIC SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 019C - EXHIBIT C TO CITY'S CORRECTED BRIEF IN OPPOSITION TO PLAINTIFF'S CONTEST TO FORM AND CONTENT OF BALLOT QUESTIONORDINANCE.NO. 096, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN CONJUNCTION WITH THE NOVEMBER 7, 2017
LARIMER COUNTY COORDINATED ELECTION
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, the decision to call a special election must be made by ordinance sooner
than the deadline to place measures on the ballot; and
WHEREAS, City staff will present to the City Council for consideration in August,
proposed Charter amendments that would authorize the City to add communication services as a
component of the Electric Utilities services and adding related provisions; and
WHEREAS, for the foregoing reasons, the City Council wishes to call a special
municipal election on November 7, 2017, to be held in conjunction with the Larimer County
Coordinated Election, for the purpose of submitting to the electorate of the City any ballot issues
approved by the City Council prior to the deadline for certifying ballot content to the Larimer
County Clerk and Recorder.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That a Special Municipal Election in the City is hereby called for Tuesday,
November 7, 2017, which shall be held in conjunction with the Larimer County Coordinated
Election and conducted in such manner as shall be determined by the Larimer County Clerk and
Recorder.
Section 3. That the provisions of the Uniform Election Code of 1992 are hereby
adopted with respect to the conduct of said election in lieu of the provisions of the Municipal
Election Code of 1965.
Section 4. That, subject to any applicable provision in Colorado statute to, the
contrary, the City Council may, by resolution or ordinance, submit to the voters at said election
any citizen -initiated or City -initiated measure that complies with the requirements of the City
Charter, irrespective of the nature of such measure.
Be
Section 5. That the City Clerk is hereby directed to certify the ballot content for the
Special Municipal Election to the Larimer County Clerk no later than September 8, 2017, for any
ballot titles set by the City Council prior to said date.
Section 6. That the City Manager is hereby authorized to enter' into an
intergovernmental agreement with Larimer County for conduct of the election, pursuant to
Section 1-7-116(2) of the Colorado Revised Statutes.
Section 7. That, in the event that the City Council does not take action by ordinance
or resolution prior to August 29, 2017, to submit any ballot measures to the voters at the
November 7, 2017 Larimer County Coordinated Election, the election provided for herein shall
be cancelled and the provisions of this Ordinance shall be of no further force and effect.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
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Passed and adopted on final reading on the 15th day of August, A.D. 2017.
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