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HomeMy WebLinkAbout107 - 08/16/1988 - CALLING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 8, 1988 AND SUBMITTING AN ORDINANCE PROHIBITING DIS ORDINANCE NO. 107, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 8, 1988, AND SUBMITTING AN ORDINANCE PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION IN THE AREAS OF EMPLOYMENT, HOUSING, AND PUBLIC ACCOMMODATION TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY WHEREAS, under Article X Section 3 of the Charter of the City of Fort Collins, the Council of the City of Fort Collins has the power to submit a proposed ordinance to a vote of the people at a regular or special election; and WHEREAS, Ordinance No. 106, 1988, which ordinance prohibits discrimination on the basis of sexual orientation in the areas of employment, housing, and public accommodation, has been proposed to the City Council ; and WHEREAS, in the considered opinion of the City Council , said ordinance should be submitted forthwith to a vote of the registered electors of the City of Fort Collins; and WHEREAS, the City Council desires to call a special City election and submit said ordinance to a vote of the registered electors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, November 8, 1988, which shall be held in conjunction with the Larimer County, State of Colorado, General Election, at such polls as are regularly established and announced for such elections. Section 2. That the polls shall be open at the hour of 7:00 AM, shall remain open continuously until and shall be closed at 7:00 PM on said date. Section 3. That said Special Election shall be held and conducted, as nearly as may be in the manner prescribed by law, as in the case of regular city elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 4. That the use of an electronic system to record the votes at said election is hereby authorized. Section 5. That no vote, either for or against the question so submitted, shall be received by the election judges unless the person offering the same shall be a duly registered voter in the precinct in which he offers to vote and, in addition thereto, said person is an elector of the City of Fort Collins as defined in the applicable election laws. The last day for a City resident to register to vote for this Special Election shall be October 14, 1988, as set by law. Section 6. That there is hereby submitted to the registered electors of the City of Fort Collins at the Special Election to be held in the several precincts of the City on Tuesday, November 8, 1988, the following ordinance: ORDINANCE NO. 106, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE II OF CHAPTER 13 OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO PROHIBIT DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION IN THE AREAS OF EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATION WHEREAS, Article II of Chapter 13 of the City Code generally prohibits discriminatory practices in the areas of employment, housing and public accommodations when such discrimination is based upon race, color, religion, national origin, sex, marital status or physical disability; and WHEREAS, it is desirable and necessary in the public interest, in order to ensure equal opportunity and treatment for all citizens, that the above-referenced provisions of the City Code be amended so as to also prohibit discrimination on the basis of sexual orientation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 13-16 of the Code of the City of Fart Collins is hereby amended by adding thereto the following definition, to be inserted alphabetically and to read as follows: Sexual orientation shall mean actual or supposed heterosexuality, homosexuality or bisexuality. Section 2. That the definition of discriminate and discriminate against; discriminatory reason or reason of discrimination is hereby amended to read as follows: Discriminate and discriminate against; discriminatory reason or reason of discrimination shall mean under the given circumstances, a person makes a limitation or specification as to another because of the latter person's race, color, religion, national origin, sex, sexual orientation or marital status or because of the race, color, religion, national origin, sex, sexual orientation or marital status of the other person's friends or associates. The term discriminatory reason or reason of discrimination may be used to have the following sense or meaning and at the same time save repeated use of the term based upon or because of the race, color, religion, national origin, sex, sexual orientation or marital status of the other person, or because of the race, color, religion, national origin, sex, sexual orientation or marital status of such other person's friends or associates. The foregoing terms will include the phrase age between forty (40) and seventy (70) when used in the area of employment under § 13-17. The foregoing shall include discrimination against a disabled individual , as defined herein, when used in the areas of housing under § 13-18, employment under § 13-17 and public accommodations under § 13-19 of the Code. Section 3. That Section 13-18(e) of the Code of the City of Fort Collins is hereby amended to read as follows: (e) The following exemptions shall apply to the provisions of this Section: (1) The owner of an owner-occupied single-family or two-family dwelling or housing facility may restrict occupancy of such facility on the basis of the sex or sexual orientation of the proposed occupant, and such owner or authorized agent can effectuate said restrictions by advertising or otherwise arranging for the occupancy of the dwelling. Section 7. That Ordinance No. 106, 1988 of the Council of the City of Fort Collins is hereby submitted to the registered electors of the City of Fort Collins at said Special Election in substantially the following form: PROPOSED ORDINANCE ORDINANCE NO. 106, 1988, OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE II OF CHAPTER 13 OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO PROHIBIT DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION IN THE AREAS OF EMPLOYMENT, HOUSING AND PUBLIC ACCOMMODATION For the Ordinance Against the Ordinance Introduced, considered favorably on first reading, and ordered published this 2nd day of August, A.D. 1988, and to be presented for final passage on the 16th day of August, A.D. 1988. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th ay of August, A.D. 1988. May ATTEST: 4 City Clerk