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HomeMy WebLinkAbout021 - 02/16/1993 - SUBMITTING A CHARTER AMENDMENT PERTAINING TO THE INITIATIVE PROCESS TO A VOTE OF THE ELECTORS ORDINANCE NO. 21, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED AMENDMENT TO ARTICLE X, SECTIONS 1 AND 4, OF THE CITY CHARTER, PERTAINING TO THE INITIATIVE PROCESS, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS 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 registered electors of the City of Fort Collins; and WHEREAS, Article X, Section 1, of the City Charter establishes a process whereby registered electors of the City shall have the power to proposed ordinances or resolutions to the Council and establishes certain procedures to be followed in commencing such initiative proceedings; and WHEREAS, Article X, Section 4, of the City Charter describes certain additional procedures that are to be followed in preparing and circulating initiative petitions; and WHEREAS, the City Council believes that it would be in the best interests to the City to submit to the registered electors of the City the question of whether certain of the foregoing provisions should be clarified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That 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 April 6, 1993: PROPOSED CHARTER AMENDMENT NO. 4 That Article X, Sections 1(b) , 1(c) , 4(b) (2)a and 4(b) (3) , of the City Charter is hereby amended to read as follows: Section 1. The initiative. (b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative proceedings by filing with the City Clerk the full text of the proposed ordinance or resolution, together with a written notice of intent to circulate a petition requesting the Council to either adopt the proposed ordinance or resolution or to refer the same to the registered electors of the city in conformance with the provisions of this Article. 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. (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 or resolution without alteration within thirty (30) days or refer such proposed measure in the form petitioned for, to the registered 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 (15) percent 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 (90) 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 4. Petitions. (b) Form and Content (2) Statement of Purpose a. Initiative. The petition shall contain or have attached to each section throughout its circulation the full text of the proposed ordinance or resolution and shall contain a statement fairly and accurately summarizing the proposed ordinance or resolution and indicating that the petition is to be circulated in support of the initiated ordinance or resolution. (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 reference of the same measure at one (1) election. In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures shall be subject to invalidation by the City Clerk. 2 Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 4 AN AMENDMENT TO ARTICLE X, SECTIONS 1(B) , 1(C) , 4(B) (2) (A) , AND 4(B) (3) OF THE CHARTER CLARIFYING THE FORM AND CONTENT OF THE NOTICE TO COMMENCE INITIATIVE PROCEEDINGS AND THE STATEMENT OF PURPOSE OF AN INITIATIVE PETITION, AND PROVIDING THAT IF AN ELECTOR SIGNS AN INITIATIVE PETITION MORE THAN ONCE, ALL OF SAID ELECTOR'S SIGNATURES SHALL BE SUBJECT TO INVALIDATION. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 1993, and to be presented for final passage on the 16th day of February, A.D. 1993. mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of February, A.D. 1993. Mayor ATTEST: City Clerk 3