HomeMy WebLinkAbout199 - 12/16/1986 - SUBMITTING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE ELECTORS CONCERNING RECALL, INITIATIVE AND RE ORDINANCE NO. 1997 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A PROPOSED CHARTER AMENDMENT
TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
CONCERNING RECALL, INITIATIVE AND REFERENDUM
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort
Collins provides that the Charter may be amended as provided by the laws of
the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S. , provides that Charter amendments
may be initiated by the adoption of an ordinance by the Council submitting
a proposed amendment to a vote of the qualified electors of the City of
Fort Collins; and
WHEREAS, the Council desires to submit certain proposed Charter
amendments to the registered voters of the City at the next regular City
election to be held on March 3, 1987.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1 . The following proposed Charter amendment shall be
submitted to the registered voters of the City at the next regular City
election to be held on March 3, 1987:
PROPOSED CHARTER AMENDMENT NO 3
Part A. Article XVIII of the Charter of the City is hereby repealed
in its entirety and reenacted as follows:
RECALL
Section 1 . The Recall .
(a) Power. Any incumbent of an elective office may be removed
from office by the qualified REGISTERED electors of the city.
after-he-has-held-of€ice-der-eRe-year: NO RECALL PETITION SHALL
BE CIRCULATED OR FILED AGAINST ANY OFFICER UNTIL THE OFFICER HAS
ACTUALLY HELD OFFICE FOR AT LEAST ONE YEAR IN THE OFFICER'S
CURRENT TERM, NOR WITHIN SIX MONTHS OF THE END OF SUCH TERM. THE
PROCEDURE TO EFFECT A RECALL SHALL BE AS PROVIDED IN THIS
ARTICLE.
(b) Commencement of proceedings• affidavit One or more
qualified REGISTERED electors shall--file MAY COMMENCE RECALL
PROCEEDINGS BY FILING with the City Clerk an affidavit of not
more than three hundred words stating the reasons for the recall
of the officer sought to be removed. A SEPARATE AFFIDAVIT SHALL
BE FILED FOR EACH OFFICER SOUGHT TO BE RECALLED. The-Gity-clerk
shall;--within--€arty-eight--hears--after--the--filing--ef--said
affidavit;-mail-a-copy-by-registered-mail-te-the-officer-sought
te--be--recalled;--who-may--file--with--the--City-�Ierk--a---swern
statement--in--defense-of-Ahe--charges--made-against--him: WITHIN
FORTY-EIGHT HOURS AFTER THE FILING OF THE AFFIDAVIT, THE CITY
CLERK SHALL MAIL A COPY BY REGISTERED MAIL TO THE AFFECTED
OFFICER. WITHIN FIVE DAYS AFTER THE DATE OF THE CLERK'S MAILING,
THE AFFECTED OFFICER MAY FILE WITH THE CITY CLERK A SWORN
STATEMENT OF NOT MORE THAN THREE HUNDRED WORDS IN DEFENSE OF THE
CHARGES. THE AFFIDAVIT AND THE RESPONSE ARE INTENDED FOR THE
INFORMATION OF THE REGISTERED ELECTORS, WHO SHALL BE THE SOLE AND
EXCLUSIVE JUDGES OF THE SUFFICIENCY OF THE GROUND OR GROUNDS
ASSIGNED FOR THE RECALL, AND SAID GROUND OR GROUNDS SHALL NOT BE
OPEN TO JUDICIAL REVIEW. UPON THE FILING OF THE STATEMENT IN
DEFENSE, OR AFTER THE EXPIRATION OF THE TIME ALLOWED FOR SUCH
FILING WHEN NO STATEMENT IS FILED, THE CITY CLERK SHALL APPROVE
THE FORM OF THE PETITION FOR RECALL OF THE OFFICER IN ACCORDANCE
WITH SECTION 2(b) OF THIS ARTICLE. THE PETITION SHALL BE
CIRCULATED, SIGNED, VERIFIED AND FILED IN THE MANNER PROVIDED IN
SECTION 2 OF THIS ARTICLE.
(c) Call of election. If-the-petit4on-er-amended-i3etitien;-4s
found-sufficient;-the-City-Clerk-shall-submit-the-same-with-his
certificate-te-the-Council-without-delay-and-the-£euncil;-if-the
officer-3ought- to--be--remeved-,dees-flet--resign--within--five--days
thereafter-shall-ender-an-election:---,---Sueh-election-shall-be
held-en-a-4uesday-fixed-by-the-Council-to-Tess-than-thirty-nor
mere--than--ferty-days--frem--the-date-that-the--City-Clerk=s-said
eert4f icate-was-filed-, -provided-that-4f-any-other-City-election
is-to-occur-within-ninety-days-f rem-the-date-ef-the-G4ty-Glerkts
certificate;--the--£euneil--shall--postpene--and--censel 4date--the
recall--election--with--such-ether--City-electien:::--If-a--vacancy
eccurs - Tn - said-office-after-a-reeall -eleetien -has - been
orderedTthe--eleet4on--to--fill--the--vacancy--shall--nevertheless
preceed-as-Tn-this-article-previded: A RECALL ELECTION SHALL BE
FOR THE DUAL PURPOSES OF VOTING ON THE RECALL OF THE OFFICER
SOUGHT TO BE REMOVED AND THE ELECTION OF A SUCCESSOR. UPON THE
CITY CLERK'S PRESENTATION OF A PETITION CERTIFIED SUFFICIENT FOR
RECALL, THE COUNCIL SHALL SET A DATE FOR THE ELECTION WHICH SHALL
BE HELD ON A TUESDAY NOT LESS THAN THIRTY NOR MORE THAN SIXTY
DAYS FROM THE DATE OF PRESENTATION OF THE CERTIFIED PETITION TO
COUNCIL. HOWEVER, IF ANY OTHER CITY ELECTION IS TO OCCUR WITHIN
NINETY DAYS FROM THE PRESENTATION OF THE CERTIFIED PETITION TO
COUNCIL, THE RECALL ELECTION SHALL BE POSTPONED AND CONSOLIDATED
WITH SUCH OTHER CITY ELECTION. THE ORDER SETTING A DATE FOR THE
RECALL ELECTION SHALL NOT BECOME EFFECTIVE UNTIL FIVE DAYS FROM
THE PRESENTATION OF THE CERTIFIED PETITION TO COUNCIL. IF THE
OFFICER RESIGNS WITHIN THE FIVE DAY PERIOD, THE VACANCY MAY BE
FILLED BY APPOINTMENT. IF A VACANCY OCCURS IN THE AFFECTED
OFFICE AFTER THE EFFECTIVE DATE OF THE ORDER, THE ELECTION TO
FILL THE VACANCY SHALL NEVERTHELESS PROCEED.
-2-
(d) Disoualification for office. No person who has been
recalled or has resigned while--recall--proceedings-were-pending
against--him AFTER THE CLERK'S PRESENTATION TO COUNCIL OF A
CERTIFIED, SUFFICIENT PETITION FOR RECALL OF SUCH PERSON shall
serve the city in any ELECTED OR APPOINTED capacity within two
years after such removal or resignation.
Section 2. Petitions.
A-petition-signed-by-qualified-electors-equal-4n-number-to-at
least--fifteen--per-eent-e€--the-Aetal--registration--fer--the--last
preceding--general--City-election;--but-net-mere--than-twenty-five
per-cent-o€-the-total-vote-cast-in-such-election;-demanding-the
recall-of-the-off 4eer-seught-te-be-remevedT-shall-be-addressed-te
the-GeuneiI-and-€iled-with-the-Gity-clerk-pet-less-than-€ive-Rer
more-than-thirty-days-af ter-the-af f idavit-mak4ng-eharges-against
said-of€icer-has-been-filed.--Each-eleeter-signing-the-petition
shall-write-his-home-address-after-his-name:--Said-petition-may
be--tn--sections-a€-ene-er- more--sheets--fastened--securely-at-the
tep;-and-open-each--section-o€-the-petition-shall-be-written-er
printed--a--copy--ef--the--charges--previously--filed—with--the--Gity
Clerk.-—One- a€--the-electors--signing-each--section--shall-append
thereto-his-af f idavit-that-each-signature-wr4tten-thereen-is-the
genuine-signature-e€-the-person-whese-name-it-purports-to-be;-and
that-a€€iant--has-net-and--will-net-receive- any-compensation-€er
obtaining-the-s4gnaturesz--All-sections-of-the-petitien-shall-be
fi led-as-ene-4nstrument;-with--the-endersement--ef--the-flames-ef
three-persens-designated-as-filing-the-same.
(a) Separate petitions required. A SEPARATE PETITION SHALL BE
CIRCULATED AND FILED FOR EACH OFFICER SOUGHT TO BE RECALLED.
(b) Form and content.
(1) Approval of form. NO PETITION SHALL BE CIRCULATED UNTIL
THE CITY CLERK HAS APPROVED THE FORM FOR CIRCULATION. THE
CITY CLERK SHALL FIRST DETERMINE THAT THE PETITION FORM
CONTAINS ONLY THE MATTERS REQUIRED BY THIS ARTICLE. THE
CITY COUNCIL SHALL PRESCRIBE BY ORDINANCE , UPON
RECOMMENDATION OF THE CITY CLERK, A GENERAL FORM OF PETITION
WHICH SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS AS
NECESSARY. THE CITY CLERK'S APPROVAL UNDER THIS SECTION
SHALL NOT CONSTITUTE AN APPROVAL OF THE CONTENT OF THE
PETITION, BUT RATHER, SHALL START THE RUNNING OF THE TIME
PERIODS PROVIDED FOR CIRCULATION AND FILING OF PETITIONS FOR
RECALL.
(2) Statement of purpose. THE PETITION SHALL BE ADDRESSED
TO COUNCIL AND SHALL CONTAIN OR HAVE ATTACHED TO EACH
SECTION THROUGHOUT ITS CIRCULATION A COPY OF THE CHARGES SET
FORTH IN THE AFFIDAVIT ON FILE WITH THE CITY CLERK, AND IF
REQUESTED BY THE PERSON SOUGHT TO BE RECALLED, A COPY OF THE
STATEMENT IN DEFENSE.
-3-
(3) Signatures. ONLY REGISTERED ELECTORS MAY SIGN THE
PETITIONS AUTHORIZED UNDER THIS ARTICLE. EACH SIGNER MUST
SIGN HIS OR HER OWN SIGNATURE AND EACH SIGNATURE SHALL BE
FOLLOWED BY THE PRINTED NAME OF THE SIGNER, THE STREET AND
NUMBER ADDRESS OF HIS OR HER RESIDENCE, AND THE DATE OF
SIGNING. NO PERSON SHALL KNOWINGLY SIGN HIS OR HER NAME
MORE THAN ONCE FOR THE RECALL OF THE SAME INCUMBENT.
(c) Circulation of Petition. THE PETITION MAY BE CIRCULATED AND
SIGNED IN SECTIONS WITH EACH SECTION CONSISTING OF ONE OR MORE
SHEETS SECURELY FASTENED AT THE TOP, PROVIDED THAT EACH SECTION
CONTAINS A FULL AND ACCURATE COPY OF THE TEXT OF THE PETITION AND
THE NAMES AND ADDRESSES OF THE DESIGNATED REPRESENTATIVES FOR THE
PETITION. ALL SECTIONS SHALL BE FILED AS ONE INSTRUMENT. ONLY
REGISTERED ELECTORS MAY CIRCULATE THE PETITION FOR SIGNATURES.
THE CIRCULATION OF ANY PETITION BY ANY MEDIUM OTHER THAN
PERSONALLY BY A CIRCULATOR IS PROHIBITED. No person shall
receive any compensation whatever for canvassing for signatures
to petition for recall of any official OR FOR SIGNING A PETITION.
(d) Affidavit of circulator. One-ef-the-electers-signing-each
section--shall-append-4berete--his-a€€idavit--that A CIRCULATOR
SHALL ATTACH TO EACH SECTION OF THE PETITION CIRCULATED, AN
AFFIDAVIT SIGNED BY THE CIRCULATOR UNDER OATH BEFORE A NOTARY
PUBLIC STATING THE FOLLOWING:
(1) THE CIRCULATOR'S ADDRESS OF RESIDENCE;
(2) THAT THE CIRCULATOR IS A REGISTERED ELECTOR;
(3) THAT HE OR SHE PERSONALLY CIRCULATED THE SECTION;
(4) THAT EACH SIGNATURE WAS AFFIXED IN THE CIRCULATOR'S
PRESENCE;
(5) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND
BELIEF EACH SIGNER WAS AT THE TIME OF SIGNING A REGISTERED
ELECTOR OF THE CITY;
(6) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND
BELIEF each signature written--thereeR is the genuine
signature of the person whose name it purports to be;
(7) THAT EACH SIGNER HAD AN OPPORTUNITY BEFORE SIGNING TO
READ THE FULL TEXT OF THE PETITION;
(8) and that the of€iant CIRCULATOR has not and will not
receive any compensation for obtaining the signatures; AND
-4-
(9) THAT THE CIRCULATOR HAS NOT PAID OR OFFERED TO PAY ANY
MONEY OR OTHER THING OF VALUE TO ANY SIGNER FOR THE PURPOSE
OF INDUCING OR CAUSING THE SIGNER TO AFFIX HIS OR HER
SIGNATURE TO THE PETITION.
A PETITION VERIFIED BY THE VALID AFFIDAVITS OF ITS CIRCULATORS IN
EACH OF ITS SECTIONS SHALL BE PRIMA FACIE EVIDENCE THAT THE
SIGNATURES THEREON ARE GENUINE AND TRUE.
(e) Number of signatures required.
(1) First recall attempt THE PETITION MUST BE SIGNED BY
REGISTERED ELECTORS EQUAL IN NUMBER TO THE LESSER OF FIFTEEN
PERCENT OF THE TOTAL NUMBER OF REGISTERED ELECTORS FOR THE
LAST PRECEDING REGULAR CITY ELECTION OR TWENTY-FIVE PERCENT
OF THE TOTAL VOTE CAST IN THE LAST PRECEDING REGULAR CITY
ELECTION FOR ALL CANDIDATES FOR THE OFFICE WHICH THE
INCUMBENT SOUGHT TO BE RECALLED OCCUPIES, AS SUCH NUMBER IS
ESTABLISHED BY THE COLORADO CONSTITUTION.
(2) Subsequent recall attempts AFTER ONE RECALL PETITION
AND ELECTION, A RECALL PETITION FILED AGAINST THE SAME
OFFICER DURING THE SAME TERM FOR WHICH ELECTED MUST BE
SIGNED BY REGISTERED ELECTORS EQUAL IN NUMBER TO THE LESSER
OF THIRTY PERCENT OF THE TOTAL NUMBER OF REGISTERED ELECTORS
FOR THE LAST PRECEDING REGULAR CITY ELECTION OR FIFTY
PERCENT OF THE TOTAL VOTE CAST IN THE LAST PRECEDING REGULAR
CITY ELECTION FOR ALL CANDIDATES FOR THE OFFICE WHICH THE
INCUMBENT SOUGHT TO BE RECALLED OCCUPIES, AS SUCH NUMBER IS
ESTABLISHED BY THE COLORADO CONSTITUTION.
(f) Place of filing time limits. PETITIONS FOR RECALL SHALL BE
FILED WITH THE CITY CLERK WITHIN THIRTY DAYS OF THE CLERK'S
APPROVAL OF THE FORM FOR CIRCULATION. EACH PETITION SHALL
DESIGNATE BY NAME AND ADDRESS NOT LESS THAN THREE NOR MORE THAN
FIVE PERSONS WHO SHALL REPRESENT THE SIGNERS OF THE PETITION IN
ALL MATTERS AFFECTING THE PETITION, AND SHALL BE ENDORSED BY SUCH
PERSONS.
(g) Sufficiency of Detition• amendment. Within ten FIVE WORKING
days of the filing of said A petition the City Clerk shall
ascertain by examination of the petition and the registration
books whether the petition is signed by the requisite number of
qualified REGISTERED electors AND CONTAINS THE REQUIRED
PARTICULARS AND AFFIDAVITS. and--shall--attach--therete--his
eertifieate--showing--the--result--o€--such--examination:-—I€--the
petition-is-4nsuffieient-he-shall-forthwith;-4n-writing;-notify
one-er-mere-of-the-persons-designated-en-the-petition-as-filing
the--same. IF THE PETITION IS INSUFFICIENT, THE CLERK SHALL SO
CERTIFY AND FORTHWITH NOTIFY ALL OF THE DESIGNATED PETITION
REPRESENTATIVES IN WRITING, SPECIFYING THE PARTICULARS OF
INSUFFICIENCY.
-5-
REGISTERED ELECTORS DESIRING TO PROTEST THE SUFFICIENCY OF A
PETITION MAY FILE A WRITTEN PROTEST, UNDER OATH, IN THE OFFICE OF
THE CITY CLERK WITHIN TEN DAYS OF THE FILING OF THE PETITION.
THE PROTEST SHALL SET FORTH WITH PARTICULARITY THE GROUNDS OF
PROTEST AND THE NAMES AND DEFECTS IN FORM PROTESTED. THE REASONS
ASSIGNED FOR RECALL MAY NOT BE PROTESTED. UPON THE FILING OF A
WRITTEN PROTEST, THE CITY CLERK SHALL SET A TIME FOR HEARING SUCH
PROTEST, WHICH SHALL BE NO MORE THAN SEVEN DAYS THEREAFTER. AT
LEAST FIVE DAYS BEFORE THE HEARING, THE CITY CLERK SHALL MAIL A
COPY OF THE PROTEST TO ALL OF THE DESIGNATED PETITION
REPRESENTATIVES TOGETHER WITH A NOTICE OF THE TIME FOR HEARING.
ALL RECORDS AND HEARINGS SHALL BE BEFORE THE CITY CLERK WHO SHALL
HAVE THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF DOCUMENTS. ALL RECORDS AND
HEARINGS SHALL BE PUBLIC, AND ALL TESTIMONY SHALL BE UNDER OATH.
THE HEARING SHALL BE SUMMARY IN NATURE AND CONCLUDED WITHIN
THIRTY DAYS AFTER THE PETITION WAS FILED. THE CITY CLERK SHALL
DECIDE AND CERTIFY THE RESULTS OF THE HEARING WITHIN TEN DAYS
AFTER THE HEARING IS CONCLUDED.
IN CASE THE PETITION IS DEEMED INSUFFICIENT, WHETHER FOLLOWING
THE INITIAL DETERMINATION BY THE CITY CLERK, OR FOLLOWING PROTEST
PROCEEDINGS, IT the-petition may be withdrawn and amended within
fifteen days from the filing of the CLERK's certificate of
INSUFFICIENCY. The City Clerk shall , within five days after such
amendment, make-Tike-examinatien-ef EXAMINE the amended petition
AND THE REGISTRATION BOOKS and attaeh-therete-his-eertifieate-of
the--result CERTIFY THE RESULT. If the petition is still
insufficient, OR IF NO AMENDMENT IS MADE, he THE CITY CLERK shall
return it to one of the persons-designated-thereon-es-filing-it
DESIGNATED PETITION REPRESENTATIVES without prejudice to the
filing of a new petition for the same purpose.
WHEN AND IF A PETITION OR AMENDED PETITION IS DEEMED SUFFICIENT,
WHETHER FOLLOWING THE INITIAL SUFFICIENCY DETERMINATION BY THE
CITY CLERK IN THE ABSENCE OF A PROTEST, OR FOLLOWING PROTEST
PROCEEDINGS, THE CITY CLERK SHALL SO CERTIFY AND PRESENT THE
CERTIFIED PETITION TO THE COUNCIL AT THE NEXT REGULARLY SCHEDULED
MEETING. THE CITY CLERK'S CERTIFICATE SHALL THEN BE A FINAL
DETERMINATION AS TO THE SUFFICIENCY OF THE PETITION.
Section 3. Elections.
(a) Generally. ELECTIONS ON RECALL SHALL BE CONDUCTED IN THE
SAME MANNER AS PROVIDED GENERALLY FOR REGULAR OR SPECIAL CITY
ELECTIONS IN THIS CHARTER. ALL CHARTER PROVISIONS RELATED TO
NOMINATION AND QUALIFICATION OF CANDIDATES SHALL APPLY TO RECALL
ELECTIONS.
(b) Nominations on recall . Anyone desiring to become a
candidate at the recall election shall do so by petition as
required in Article XVI, which, if presented to the City Clerk at
least fifteen TWENTY-FIVE days before said THE election ENTITLES
-6-
THAT CANDIDATE TO BE NAMED ON THE BALLOT. shall;-entitle-Hire-te
have-his-r9ame-plaeed-en-the-ballet IF MORE THAN ONE OFFICIAL IS
SOUGHT TO BE RECALLED, THEN THE NOMINATION PETITIONS MUST SPECIFY
WHICH INCUMBENT THE CANDIDATE SEEKS TO SUCCEED. Notice of
election shall be given as provided in Section 5 of Article XVI
OF THIS CHARTER AND THE MUNICIPAL ELECTION CODE. The name of the
person against whom the RECALL petition is filed shall not appear
on the ballot as a candidate for the office.
(c) Ballots. There shall be printed on the official ballot, as
to every officer whose recall is to be voted on, THE STATEMENT OF
GROUNDS AND, IF REQUESTED BY THE AFFECTED OFFICER, THE OFFICER'S
STATEMENT IN DEFENSE FOLLOWED BY THE WORDS, "Shall (name of
person against whom the recall petition is filed) be recalled
from the office of ( . . . . . . . . .) ." Following such question shall be
the words, "Yes" and "No" on separate lines, with a blank space
at the right of each, in which the voter shall indicate by
marking-e-eress-{X)7 his OR HER vote for or against such recall .
On such ballots, under each question, there shall also be printed
the names of those persons who have been nominated as candidates
to succeed the person sought to be recalled. but THE FOLLOWING
INSTRUCTION SHALL BE EFFECTIVE IN COUNTING VOTES AND SHALL APPEAR
ON THE BALLOT: No vote cast shall be counted for any candidate
for such office, unless the voter also voted for or against the
recall of the person sought to be recalled from said THE office.
(d) Election results. If a majority of those voting on said THE
question of the recall of any incumbent from office shall-vete
VOTE "No," the incumbent continues in office. If a majority
shall-vete VOTES "Yes" for the incumbent's removal , the incumbent
shall thereupon be deemed removed from his office upon the
qualification of his successor. If the officer be IS recalled,
the candidate for succession receiving the highest number of
votes at said THE election shall be declared elected FOR THE
REMAINDER OF THE INCUMBENT'S TERM. The candidate elected shall
take office at the next regular Council meeting. IN CASE THE
CANDIDATE ELECTED FAILS TO QUALIFY WITHIN TEN DAYS AFTER THE
ISSUANCE OF A CERTIFICATE OF ELECTION, THE CANDIDATE WITH THE
NEXT HIGHEST VOTE SHALL BE ELECTED, AND IF THERE IS NO OTHER
ELECTED SUCCESSOR WHO QUALIFIES, THE OFFICE SHALL BE DEEMED
VACANT, AND SHALL BE FILLED BY APPOINTMENT BY THE REMAINING
MEMBERS OF THE COUNCIL.
Section 4. Further regulations.
THE COUNCIL SHALL, BY ORDINANCE, MAKE SUCH FURTHER RULES AND
REGULATIONS AS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE, IF NOT INCONSISTENT WITH THIS CHARTER AND THE COLORADO
CONSTITUTION.
-7-
Part B. Article XVII of the Charter of the City is hereby repealed in
its entirety and reenacted as follows:
INITIATIVE AND REFERENDUM
Section 1. The Initiative.
Any--pro posed--ordinance--er--resolution-inay--be-submitted-to-the
Ceuneil--by--petition--signed--by--quali€ied--eleeters--of--the--City
equal-in-number-te-the-pereentage-hereinafter-required:
(a) Power. THE REGISTERED ELECTORS OF THE CITY SHALL HAVE THE
POWER AT THEIR OPTION TO PROPOSE ORDINANCES OR RESOLUTIONS TO THE
COUNCIL, AND, IF THE COUNCIL FAILS TO ADOPT A MEASURE SO
PROPOSED, TO ADOPT OR REJECT SUCH ORDINANCE OR RESOLUTION AT THE
POLLS. THE PROCEDURE FOR INITIATIVE SHALL BE AS PROVIDED IN THIS
ARTICLE.
(b) Commencement of Proceedings; notice. ONE OR MORE REGISTERED
ELECTORS MAY COMMENCE INITIATIVE PROCEEDINGS BY FILING WITH THE
CITY CLERK THE FULL TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION.
AFTER SUCH TEXT HAS BEEN FILED, THE CITY CLERK SHALL APPROVE A
PETITION FORM FOR CIRCULATION IN ACCORDANCE WITH SECTION 4(b) OF
THIS ARTICLE. THE PETITION SHALL BE CIRCULATED, SIGNED,
VERIFIED, AND FILED IN THE MANNER PRESCRIBED IN SECTION 4 OF THIS
ARTICLE.
If-the-petitien-aeeempaRy4ng-the-proposed-ordi-nanee-er-resolution
is--signed--by--qual i€ied--electors--equal--in---number--to--fi€teen
percent-o€-the-total-vote-east-in-the-last-general-City-election;
and--requests--that--such--preposed--ordinance--or--resolution--be
submitted-to-a-vote-of-the-peepleT-the-Council-shall-either-pass
said---ordinance--er---resolution--within---thirty--days--without
alterations;-subject--te-the--re€ereRdum;- or--eall-a-special-City
election--within--ninety--(9A)--days--af ter-4he--petition--has--been
eerti€ied--te--the--Ceuneil--unless-�--general--or--special-amity
election-4s-to-occur-within-said-ninety-f90)-day-period;-and-at
such--special-,er-general-election-submit-said-proposed-ordinance
er-resolutien-te-a-vote-ef-the-quali€ied-eleeters:
If-the-petition-4s-signed-by-quali€ied-electors-equal-4R-number
to--at--4east--ten--percent--of--the--total--vote--East--in--the--last
general-City-election-and-4s-€iled-with-the-City-Clerk-at-least
sixty-days--be€ere-any-general-City-electien;-the-Council-shall
pass--said--proposed--ordinance--or--resolution--without--alteration
within--thirty-days;-er--shall-submit--the--same--te-a-vete-o€-the
quali€ied-eleeters-at-the-next-general-City-eleetieR:
(c) Action by Council . UPON PRESENTATION OF AN INITIATIVE
PETITION CERTIFIED AS TO SUFFICIENCY BY THE CITY CLERK AS
HEREINAFTER PROVIDED, THE COUNCIL SHALL EITHER ADOPT THE PROPOSED
ORDINANCE WITHOUT ALTERATION WITHIN THIRTY DAYS OR REFER SUCH
PROPOSED MEASURE IN THE FORM PETITIONED FOR, TO THE REGISTERED
-8-
ELECTORS OF THE CITY AT THE NEXT REGULAR CITY ELECTION. IF THE
PETITION REQUESTS THAT THE MEASURE BE SUBMITTED TO THE VOTE OF
THE PEOPLE AT A SPECIAL ELECTION AND IS SIGNED BY THE NUMBER OF
REGISTERED ELECTORS EQUAL TO FIFTEEN PER CENT OF THE TOTAL
BALLOTS CAST AT THE LAST REGULAR CITY ELECTION, THE COUNCIL SHALL
INSTEAD CALL A SPECIAL ELECTION TO BE HELD ON A TUESDAY WITHIN
NINETY DAYS OF THE PRESENTATION OF THE CERTIFIED PETITION TO
COUNCIL, UNLESS ANY OTHER REGULAR OR SPECIAL CITY ELECTION IS TO
OCCUR WITHIN SAID NINETY DAY PERIOD, IN WHICH CASE THE INITIATIVE
MEASURES SHALL BE CONSOLIDATED WITH SUCH OTHER ELECTION. ALL
ORDINANCES SUBMITTED TO THE COUNCIL BY INITIATIVE PETITION AND
ADOPTED BY COUNCIL WITHOUT THE VOTE OF THE ELECTORS SHALL BE
SUBJECT TO THE REFERENDUM IN THE SAME MANNER AS OTHER ORDINANCES.
Section 2. The Referendum.
The---referendum--shall--apply--te--a}}--ordinances--passed--by--the
Council; (a) Power. THE REGISTERED ELECTORS OF THE CITY SHALL
HAVE THE POWER AT THEIR OPTION TO APPROVE OR REJECT AT THE POLLS,
ANY ORDINANCE ADOPTED BY THE COUNCIL, except ordinances making
the ANNUAL PROPERTY tax levy, making the annual appropriation,
CALLING A SPECIAL ELECTION, or ordering improvements initiated by
petition and to be paid for by special assessments.
-::I€-at-any-time-within-thirty-days-af ter-the-final-passage-e€
an-erdinanee-4 e-which-4he--re€erendum-4s-applieable;-a-petition
signed--by--qualified--eIecters--equal--4n-+number--te--at--4east--ten
percent--(19%)--a€--the--total--rete-east-4n--the--4ast-general-City
eleetien;--be--presented--ts--the- Ceaneil;--pretesting--against- the
going-4nte-a€€ect-o€-any-erdinance;-the-same-shall-thereupon-be
suspended;--and-the-Council-shall-reeensider-such-ordinance:--If
the-same-be-net-entirely-repealed;-the-Council-shall-submit-the
same-to-a-vete-e€-the-qualified-eleeters-e€-the-City-in-manner-as
provided-4n-respect-to-the- Initiative;-at-the-next-general-City
eleetien-er-at-a-special-eleetien-called-there€er:::
(b) Commencement of proceedings ONE OR MORE REGISTERED
ELECTORS MAY COMMENCE REFERENDUM PROCEEDINGS BY FILING WITH THE
CITY CLERK WITHIN TEN DAYS AFTER FINAL PASSAGE OF THE ORDINANCE
IN QUESTION, A NOTICE OF PROTEST AGAINST THE GOING INTO EFFECT OF
THE ORDINANCE. THE NOTICE SHALL BE BRIEF AND NEED NOT STATE ANY
REASONS, BUT SHALL IDENTIFY THE ORDINANCE OR PART THEREOF, OR
CODE SECTION IT PROPOSES TO HAVE REPEALED. NOT LATER THAN TEN
DAYS AFTER THE FILING OF THE NOTICE, THE PROPONENTS SHALL PRESENT
TO THE CITY CLERK THE FINAL FORM FOR THE REFERENDUM PETITION
CONFORMING TO THE REQUIREMENTS OF THE ARTICLE. IF THE NOTICE AND
PETITION FORM ARE TIMELY PRESENTED, THE CITY CLERK SHALL APPROVE
THE PETITION FORM FOR CIRCULATION, IN ACCORDANCE WITH SECTION
4(b) OF THIS ARTICLE. THE PETITION SHALL BE CIRCULATED, SIGNED,
VERIFIED, AND FILED IN THE MANNER PRESCRIBED BY SECTION 4 OF THIS
ARTICLE. IF A COMPLETED PETITION IS NOT SUBSEQUENTLY FILED
WITHIN TWENTY DAYS AFTER THE CITY CLERK'S APPROVAL OF THE FORM
FOR CIRCULATION, THE REFERENDUM EFFORT IS NULL AND VOID AND THE
-9-
PETITION SHALL NOT BE CIRCULATED FURTHER.
(c) Action by Council . THE PRESENTATION TO COUNCIL OF A
PETITION CERTIFIED BY THE CITY CLERK AS SUFFICIENT FOR REFERENDUM
SHALL AUTOMATICALLY SUSPEND THE OPERATION OF THE ORDINANCE IN
QUESTION PENDING REPEAL BY COUNCIL OR FINAL DETERMINATION BY THE
ELECTORS, AND THE COUNCIL SHALL IMMEDIATELY RECONSIDER THE
ORDINANCE. IF THE ORDINANCE, OR THAT PART SOUGHT TO BE REPEALED,
IS NOT REPEALED, I€-the-ordinance-4s-net-entirely-repealed; the
Council shall submit the same to a vote of the qualified
REGISTERED electors of-the-city-4n-manner-as-provided-in-respect
to--the--4 nit iative;--at--tke--next-general--Gity--election-er-at--a
special-election-called-there€er: AT THE NEXT REGULAR OR SPECIAL
CITY ELECTION SCHEDULED FOR ANY OTHER PURPOSE, OR IN THE
DISCRETION OF THE COUNCIL AT A SPECIAL ELECTION CALLED FOR THAT
SPECIFIC PURPOSE.
Section 3. Council use of initiative and referendum; amendment
or repeal .
The-4euncil;-a€-4ts-ewn-wmetion --shall--have--the-gewer-te THE
COUNCIL MAY, WITHOUT PETITION THEREFOR, SUBMIT any proposed
ordinance or resolution or refer any adopted ordinance or
resolution to the vote of the people at a general REGULAR or
special election as-4n-this-Charter-provided IN THE SAME MANNER
AND WITH THE SAME FORCE AND EFFECT AS IS PROVIDED FOR INITIATED
AND REFERRED MEASURES. An ordinance or resolution adopted by
electoral vote, under either the initiative or the referendum,
cannot be repealed or amended except by electoral vote. but The
Council shall have the power to submit a proposition to THE
ELECTORS without a petition therefor, for the repeal or amendment
of any such ordinance or resolution AT ANY SUCCEEDING CITY
ELECTION.
Section 4. Petitions.
The--preeedare--respect ing-4 0 tiative--and--re€erendum--petitions
shall--be--substantially--as--provided-4n--Article--XVI I I--o€--this
Charter;--with--such--medi€ieations-ems--the--nature--of--the--ease
requires:
(a) Separate petitions required A SEPARATE PETITION SHALL BE
CIRCULATED AND FILED FOR EACH MEASURE SOUGHT TO BE INITIATED OR
REFERRED TO THE VOTE OF THE ELECTORS.
(b) Form and content.
(1) Approval of form for circulation NO PETITION SHALL BE
CIRCULATED UNTIL THE CITY CLERK HAS APPROVED THE FORM FOR
CIRCULATION. THE CITY CLERK SHALL FIRST DETERMINE THAT THE
PETITION FORM CONTAINS ONLY THE MATTERS REQUIRED BY THIS
ARTICLE. THE CITY COUNCIL SHALL PRESCRIBE BY ORDINANCE,
UPON RECOMMENDATION OF THE CITY CLERK, A GENERAL FORM OF
-10-
PETITION WHICH SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS
AS NECESSARY. THE CITY CLERK'S APPROVAL UNDER THIS SECTION
SHALL NOT CONSTITUTE AN APPROVAL OF THE CONTENT OF THE
PETITION, BUT RATHER, SHALL START THE RUNNING OF THE TIME
PERIODS PROVIDED FOR CIRCULATION AND FILING OF PETITIONS.
(2) Statement of Purpose. THE PETITION SHALL BE ADDRESSED
TO COUNCIL AND, IN THE CASE OF INITIATIVE, SHALL SPECIFY
WHETHER A SPECIAL ELECTION IS REQUESTED.
(a) Initiative. THE PETITION SHALL CONTAIN OR HAVE
ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE
FULL TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION.
(b) Referendum. THE PETITION SHALL CONTAIN OR HAVE
ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE
FULL TEXT OF THE ORDINANCE SOUGHT TO BE REFERRED,
CLEARLY IDENTIFYING THE PROTESTED PORTIONS IF ONLY A
PARTIAL REPEAL IS SOUGHT. IN THE CASE OF BOND
ORDINANCES, THE FULL TEXT OF THE ORDINANCE NEED NOT BE
SET FORTH BUT THE PETITION SHALL CONTAIN OR HAVE
ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE
TITLE AND SUMMARY OF THE ORDINANCE IN QUESTION AS
PREPARED BY THE CITY CLERK.
(3) Signatures. ONLY REGISTERED ELECTORS MAY SIGN THE
PETITIONS AUTHORIZED UNDER THIS ARTICLE. EACH SIGNER MUST
SIGN HIS OR HER OWN SIGNATURE AND EACH SIGNATURE SHALL BE
FOLLOWED BY THE PRINTED NAME OF THE SIGNER, THE STREET AND
NUMBER ADDRESS OF HIS OR HER RESIDENCE, AND THE DATE OF
SIGNING. NO PERSON SHALL KNOWINGLY SIGN HIS OR HER NAME
MORE THAN ONCE FOR THE INITIATIVE OR REFERENDUM OF THE SAME
MEASURE AT ONE ELECTION.
(c) Circulation of Petition. THE PETITION MAY BE CIRCULATED AND
SIGNED IN SECTIONS WITH EACH SECTION CONSISTING OF ONE OR MORE
SHEETS SECURELY FASTENED AT THE TOP, PROVIDED THAT EACH SECTION
CONTAINS A FULL AND ACCURATE COPY OF THE TEXT OF THE PETITION AND
THE NAMES AND ADDRESSES OF THE DESIGNATED REPRESENTATIVES FOR THE
PETITION. ALL SECTIONS SHALL BE FILED AS ONE INSTRUMENT. ONLY
REGISTERED ELECTORS MAY CIRCULATE THE PETITION FOR SIGNATURES.
THE CIRCULATION OF ANY PETITION BY ANY MEDIUM OTHER THAN
PERSONALLY BY A CIRCULATOR IS PROHIBITED. No person shall
receive any compensation whatever for canvassing for signatures
to any petition for initiative OR FOR SIGNING A PETITION.
(d) Affidavit of circulator. One-of-the-eleeters-signing-each
seetien--shall-append-4herete--his--of€idavit--that A CIRCULATOR
SHALL ATTACH TO EACH SECTION OF THE PETITION CIRCULATED AN
AFFIDAVIT SIGNED BY THE CIRCULATOR UNDER OATH BEFORE A NOTARY
PUBLIC STATING THE FOLLOWING:
-11-
(1) THE CIRCULATOR'S ADDRESS OF RESIDENCE;
(2) THAT THE CIRCULATOR IS A REGISTERED ELECTOR;
(3) THAT HE OR SHE PERSONALLY CIRCULATED THE SECTION;
(4) THAT EACH SIGNATURE WAS AFFIXED IN THE CIRCULATOR'S
PRESENCE;
(5) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND
BELIEF EACH SIGNER WAS AT THE TIME OF SIGNING A REGISTERED
ELECTOR OF THE CITY;
(6) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND
BELIEF each signature written--thereen is the genuine
signature of the person whose name it purports to be;
(7) THAT EACH SIGNER HAD AN OPPORTUNITY BEFORE SIGNING TO
READ THE FULL TEXT OF THE PETITION;
(8) and that the a€€iant CIRCULATOR has not and will not
receive any compensation for obtaining the signatures; AND
(9) THAT THE CIRCULATOR HAS NOT PAID OR OFFERED TO PAY ANY
MONEY OR OTHER THING OF VALUE TO ANY SIGNER FOR THE PURPOSE
OF INDUCING OR CAUSING THE SIGNER TO AFFIX HIS OR HER
SIGNATURE TO THE PETITION.
A PETITION VERIFIED BY THE VALID AFFIDAVITS OF ITS CIRCULATORS IN
EACH OF ITS SECTIONS SHALL BE PRIMA FACIE EVIDENCE THAT THE
SIGNATURES THEREON ARE GENUINE AND TRUE.
(e) Number of signatures required
(1) Initiative. THE PETITION MUST BE SIGNED BY REGISTERED
ELECTORS OF THE CITY EQUAL IN NUMBER TO AT LEAST TEN PERCENT
OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY ELECTION.
IF A SPECIAL ELECTION IS REQUESTED BY THE PETITIONERS, THEN
THE PETITION MUST BE SIGNED BY REGISTERED ELECTORS EQUAL IN
NUMBER TO AT LEAST FIFTEEN PERCENT OF THE TOTAL BALLOTS CAST
IN THE LAST REGULAR CITY ELECTION.
(2) Referendum. THE PETITION MUST BE SIGNED BY REGISTERED
ELECTORS OF OF THE CITY EQUAL IN NUMBER TO AT LEAST TEN
PERCENT OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY
ELECTION.
(f) Time and manner of filing PETITIONS FOR INITIATIVE AND
REFERENDUM SHALL BE FILED WITH THE CITY CLERK WITHIN THE
REQUISITE TIME LIMITS OR THEY WILL BE DEEMED NULL AND VOID. EACH
PETITION SHALL DESIGNATE BY NAME AND ADDRESS NOT LESS THAN THREE
-12-
NOR MORE THAN FIVE PERSONS WHO SHALL REPRESENT THE SIGNERS OF THE
PETITION IN ALL MATTERS AFFECTING THE PETITION AND SHALL BE
ENDORSED BY SUCH PERSONS.
(1) Initiative. THE PETITION SHALL BE FILED WITHIN SIXTY
DAYS OF THE CLERK'S APPROVAL OF THE FORM FOR CIRCULATION AND
AT LEAST SIXTY DAYS PRIOR TO ANY REGULAR CITY ELECTION.
(2) Referendum. THE PETITION SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE CITY CLERK'S APPROVAL OF THE PETITION FORM
FOR CIRCULATION.
(g) Sufficiency of petition
(1) Examination. Within ten FIVE WORKING days of the filing
of said A petition the City Clerk shall ascertain by
examination of the petition and the registration books
whether the petition is signed by the requisite number of
qualified REGISTERED electors AND CONTAINS THE REQUIRED
PARTICULARS AND AFFIDAVITS. and--shall-attach--thereto--his
eerti€4eate-shewing-the-result-a€-sweh-examination:--If-the
petition--is--insufficient--h a--shall--ferthwith;--in-writing,
neti€y-one-or-more-e€-the-persens-designated-en-the-petitien
as-Filing--the--same: IF THE PETITION IS INSUFFICIENT, THE
CLERK SHALL SO CERTIFY AND FORTHWITH NOTIFY ALL OF THE
DESIGNATED PETITION REPRESENTATIVES IN WRITING, SPECIFYING
THE PARTICULARS OF INSUFFICIENCY.
(2) Insufficient petition ; amendment . IN CASE AN
INITIATIVE PETITION IS DEEMED INSUFFICIENT, WHETHER
FOLLOWING THE INITIAL DETERMINATION BY THE CITY CLERK, OR
FOLLOWING PROTEST PROCEEDINGS, IT the--petitien may be
withdrawn and amended within fifteen days from the filing of
the CLERK'S certificate of INSUFFICIENCY. A REFERENDUM
PETITION MAY BE WITHDRAWN AND AMENDED BUT TO BE CONSIDERED
MUST BE REFILED WITHIN THE TWENTY DAY PERIOD AFTER THE CITY
CLERK'S APPROVAL OF THE PETITION FORM FOR CIRCULATION. The
City-Glerk; Within five days after such amendment, THE CITY
CLERK shall make like examination of the amended petition
and attach-therete-his-certificate-e€-the-result CERTIFY THE
RESULT. If the AMENDED petition is still insufficient, OR
IF NO AMENDMENT WAS MADE BEFORE THE EXPIRATION OF THE TIME
PERMITTED FOR AMENDMENT, he THE CITY CLERK shall return it
THE PETITION to one of the persens-designated--thereen-as
€il4ng-4t DESIGNATED PETITION REPRESENTATIVES. IN THE CASE
OF AN INITIATIVE PETITION, THE RETURN OF THE PETITION IS
without prejudice to the filing of a new petition for the
same purpose. HOWEVER, A RETURNED REFERENDUM PETITION IS
NULL AND VOID AND A NEW PETITION MAY NOT THEREAFTER BE FILED
FOR REFERENDUM OF THE SAME ORDINANCE.
(3) Protests. REGISTERED ELECTORS DESIRING TO PROTEST THE
SUFFICIENCY OF A PETITION MAY FILE A WRITTEN PROTEST, UNDER
-13-
OATH, IN THE OFFICE OF THE CITY CLERK WITHIN TEN DAYS OF THE
FILING OF THE PETITION. THE PROTEST SHALL SET FORTH WITH
PARTICULARITY THE GROUNDS OF PROTEST AND THE NAMES AND
DEFECTS IN FORM PROTESTED. UPON THE FILING OF A PROTEST,
THE CLERK SHALL SET A TIME FOR HEARING SUCH PROTEST, WHICH
SHALL BE NO MORE THAN SEVEN DAYS THEREAFTER. AT LEAST FIVE
DAYS PRIOR TO THE HEARING, THE CITY CLERK SHALL MAIL A COPY
OF THE PROTEST TO ALL OF THE DESIGNATED PETITION
REPRESENTATIVES TOGETHER WITH A NOTICE OF THE TIME FOR
HEARING. ALL RECORDS AND HEARINGS SHALL BE BEFORE THE CITY
CLERK WHO SHALL HAVE THE POWER TO ISSUE SUBPOENAS TO COMPEL
THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS.
ALL RECORDS AND HEARINGS SHALL BE PUBLIC, AND ALL TESTIMONY
SHALL BE UNDER OATH. THE HEARING SHALL BE SUMMARY IN NATURE
AND CONCLUDED WITHIN THIRTY DAYS AFTER THE PETITION WAS
FILED. THE CITY CLERK SHALL DECIDE AND CERTIFY THE RESULTS
OF THE HEARING WITHIN TEN DAYS AFTER THE HEARING IS
CONCLUDED. A PETITION FOR REFERENDUM WHICH HAS BEEN DEEMED
INSUFFICIENT AFTER PROTEST MAY NOT BE AMENDED OR CIRCULATED
FURTHER.
(4) Certification and oresentation to Council WHEN AND IF A
PETITION OR AMENDED PETITION IS DEEMED SUFFICIENT, WHETHER
FOLLOWING THE SUFFICIENCY DETERMINATION BY THE CITY CLERK IN
THE ABSENCE OF A PROTEST, OR FOLLOWING PROTEST PROCEEDINGS,
THE CITY CLERK SHALL SO CERTIFY AND PRESENT THE CERTIFIED
PETITION TO THE COUNCIL AT THE NEXT REGULARLY SCHEDULED
MEETING. THE CITY CLERK'S CERTIFICATE SHALL THEN BE A FINAL
DETERMINATION AS TO THE SUFFICIENCY OF THE PETITION.
Section 5. Elections.
(a) Generally. ELECTIONS ON INITIATIVE AND REFERENDUM MEASURES
SHALL BE CONDUCTED IN THE SAME MANNER AS PROVIDED GENERALLY FOR
REGULAR OR SPECIAL CITY ELECTIONS IN THIS CHARTER.
(b) Ballots. The-bal let-upon-which-such-preposed-erd4RaRee-er
reselut4en-4s-submitted-shall-state-brief ly-its-nature-and-shall
eentain---the--words=--"Fer--the--Ardinanee'-'--and--"Aga4Rst--the
Ard4Ranee-''-or-"Fer-the-ReselutieR'-'-and-'-'Against-the-ReselatieR:'-'
UPON ORDERING AN ELECTION ON ANY INITIATIVE OR REFERENDUM
MEASURE, THE CITY COUNCIL SHALL, AFTER PUBLIC HEARING, ADOPT BY
RESOLUTION A BALLOT TITLE AND SUBMISSION CLAUSE FOR EACH MEASURE.
THE SUBMISSION CLAUSE SHALL BE BRIEF, SHALL NOT CONFLICT WITH
THOSE SELECTED FOR ANY PETITION PREVIOUSLY FILED FOR THE SAME
ELECTION, AND SHALL UNAMBIGUOUSLY STATE THE PRINCIPLE OF THE
PROVISION SOUGHT TO BE ADDED. THE OFFICIAL BALLOT USED WHEN
VOTING UPON EACH PROPOSED OR REFERRED MEASURE SHALL HAVE PRINTED
ON IT THE BALLOT TITLE AND SUBMISSION CLAUSE AND SHALL CONTAIN
THE WORDS, "FOR THE ORDINANCE" AND "AGAINST THE ORDINANCE" OR
"FOR THE RESOLUTION" AND "AGAINST THE RESOLUTION".
-14-
(c) Publication; notice of election
(1) Initiative. An initiated erdinanee--er--reselutien
MEASURE BEING CONSIDERED FOR ADOPTION BY COUNCIL shall be
published in like manner as other proposed ordinances and
resolutions. IF THE INITIATED MEASURE IS SUBMITTED TO A
VOTE OF THE PEOPLE, THE CITY CLERK SHALL PUBLISH A NOTICE
OF ELECTION IN CONFORMITY WITH THE MUNICIPAL ELECTION CODE,
TOGETHER WITH THE BALLOT TITLE, SUBMISSION CLAUSE AND FULL
TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION, ONCE AT LEAST
TEN DAYS BEFORE THE ELECTION, IN A NEWSPAPER OF GENERAL
CIRCULATION PUBLISHED IN THE CITY . THE TEXT OF A
SUCCESSFUL INITIATIVE MEASURE NEED NOT BE PUBLISHED IN FULL
AFTER THE ELECTION.
(2) Referendum. IF THE REFERRED MEASURE IS TO BE
SUBMITTED TO A VOTE OF THE PEOPLE, THE CITY CLERK SHALL
PUBLISH A NOTICE OF ELECTION IN CONFORMITY WITH THE
MUNICIPAL ELECTION CODE, TOGETHER WITH THE BALLOT TITLE,
SUBMISSION CLAUSE AND FULL TEXT OF THE REFERRED ORDINANCE,
ONCE AT LEAST TEN DAYS BEFORE THE ELECTION, IN A NEWSPAPER
OF GENERAL CIRCULATION PUBLISHED IN THE CITY. IF THE
ORDINANCE IN QUESTION IS A BOND ORDINANCE, THE SUMMARY FROM
THE PETITION MAY BE PUBLISHED IN PLACE OF THE FULL TEXT.
THE FULL TEXT OF AN ORDINANCE PASSED ON REFERENDUM NEED NOT
BE PUBLISHED AFTER THE ELECTION.
(d) Election results. If-a-majerity-e€-the-qualified-eleeters
vetieg--thereen--shall--yete--ie--faver;--the--same--shall--thereupen
without-€urther-publieatien-beeeme-en-erdinanee-er-reselutien-e€
the-eity: IF A MAJORITY OF THE REGISTERED ELECTORS VOTING ON THE
INITIATED MEASURE VOTE IN FAVOR, THE MEASURE IS ADOPTED AS AN
ORDINANCE OR RESOLUTION OF THE CITY UPON CERTIFICATION OF THE
ELECTION RESULTS. Sueh-�rdinanee--shall-4hen--ge--into--effeet
without--further--publieatien--if--a--majerity-�€--the--quali€ied
eleeters-voting-thereon-vote-4n-#aver-thereof 7 IF A MAJORITY OF
THE REGISTERED ELECTORS VOTING ON A REFERRED ORDINANCE, VOTE IN
FAVOR OF THE ORDINANCE, THE ORDINANCE SHALL GO INTO EFFECT
WITHOUT FURTHER PUBLICATION UPON CERTIFICATION OF THE ELECTION
RESULTS, OR AT SUCH LATER DATE AS MAY BE SET FORTH IN THE
ORDINANCE ITSELF. If the provisions of two or more proposed
erdimanees OR REFERRED MEASURES adopted or approved at the same
election conflict, the erdinanee MEASURE receiving the highest
affirmative vote shall become effective.
(e) Frequency of elections. Any number of proposed ordinances
or resolutions OR REFERRED ORDINANCES may be submitted at the
same election. Not more than one (1) special election under-this
article ON CITIZEN-INITIATED MEASURES shall be held in any twelve
months previded-that-the-eeuneil. THIS LIMITATION DOES NOT APPLY
TO THE COUNCIL WHICH on its own motion may at any time call a
special election for the purpose of considering an ordinance or
resolution initiated, OR ADOPTED AND REFERRED, by the Council .
-15-
Section 6. Further regulations
THE COUNCIL SHALL, BY ORDINANCE, MAKE SUCH FURTHER RULES AND
REGULATIONS AS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE, IF NOT INCONSISTENT WITH THIS CHARTER AND THE COLORADO
CONSTITUTION.
Seet4en-9:--Contr4but4eR-14m4ts:
The-Cewneil-shall-aet-by-erd4nanee-to-establish-a-eeiling-4imit
on-the-amewnt-that-any-person-er-entity-may-eentribute-iR-sappert
ef-er-iR-eppesit4on-te-any-initiativeT-re€erendum-er-eandidate-en
the-ballet-at-any-eity-eleetion
Part C. Article XXI of the Charter of the City is hereby amended to
add the following definition:
"DAY" MEANS A CALENDAR DAY UNLESS OTHERWISE SPECIFIED.
Part D. Section 8 of Article IV of the Charter of the City is hereby
amended as follows:
Section 8. Charter amendments.
This Charter may be amended at any time in the manner provided
by the laws of the State of Colorado. THE COUNCIL MAY PRESCRIBE
BY ORDINANCE, UPON RECOMMENDATION OF THE CITY CLERK, A GENERAL
FORM OF PETITION FOR CITIZEN-INITIATED CHARTER AMENDMENTS WHICH
SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS AS NECESSARY.
Part E. Capital letters indicate new or substituted language; dashes
through words indicate deletions from existing provisions and such material
is not a part of the final charter language.
Section 2. The following ballot language is hereby adopted for
submitting Proposed Charter Amendment No. 3 to the voters at said election:
PROPOSED CHARTER AMENDMENT NO. 3
Amendments to Articles XVII and XVIII of the Charter of the City
of Fort Collins repealing existing recall , initiative and
referendum procedures and replacing them with more comprehensive
procedures without changing the number of signatures required for
any of the processes and requiring the City Council to adopt
standard forms by ordinance for recall , initiative, referendum
and charter amendment petitions.
FOR THE AMENDMENT
AGAINST THE AMENDMENT
-16-
Introduced, considered favorably on first reading, and ordered
published this 4th day of December, A.D. 1986, and to be presented for
final passage on the 16th day of December, A.D. 1986.
Mayor
ATTEST:
IAUL%
City Clerk
1986. Passed and adopted on final reading this 16th day of December, A.D.
Mayor
ATTEST:
City Clerk
-17-