HomeMy WebLinkAbout006 - 01/16/1980 - CALLING FOR AND PROVIDING FOR A SPECIAL CITY ELECTION TO BE HELD ON TUESDAY, FEBRUARY 26, 1980, AND ORDINANCE NO 6, 1980
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING AN ORDINANCE CALLING FOR AND PROVIDING
FOR A SPECIAL CITY ELECTION TO BE HELD IN THE
CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE
26TH DAY OF FEBRUARY, 1980, AND FURTHEF PPOVIDING
FOR SPECIFIED INITIATE) MEASURES AND CHARTER AhEP'OMIENTS
TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY AT SAID ELECTION
WHEREAS, Article XVI , Section 2, of the Charter of the City of Fort
Collins provides that the Council shall provide by ordinance for the manner
of holding elections and such additional regulations in respect thereto
as may be necessary to accomplish the intent of the Charter, and
WHERFAS, the Charter further provides that where the Charter Code and
State Constitution is silent with regard to an election issue, that the
laws of the State of Colorado shall govern said issue, and
WHEREAS, Article X, Title 31, C R S 1973, oeing the Municipal Elec-
tion Code, contains various provisions relating to the holding of a special
election -
N04i, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 That a special City election be, and the same hereby
is, called as provided by law to be helo in the several precincts of the
City of Fort Collin, Colorado, oil luesday, the cup , day of Februu•j,
1980
Section 2 At such election, the following citizen's initiative
shall be submitted to a vote of the qualified electors of the City -
"PEOPLE'S ORDINANCE NO 1
BEI14G AN ORDINANCE REOUI� ING THAT THE
ONE PERCENT CITY SALES TAX APPkOVED BY THE PEOPLE IN
1973 BE EXTENDED FOR THE PURPOSE OF CONSTRUCTION OF
VARIOUS CAPITAL IMPPOVEVENTS
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF FORT
COLLINS that the one percent (1%) City sales tax aoproved by
vote of the people on 20 February, 1973 be continued to 31
December, 1981 in order to corplete capital improvements
projects, particularly a 50-meter indoor pool and ice rink,
additional greenbelt, bicycle paths, and trail system "
Section 3 At such election, the following Council initiative shall
be submitted to a vote of the qualified electors of the City
"ORDINANCE NO 10, 1980
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING AN OPDINANCE REQUIRING THE CONSTRUCTION
OF AN INDOOR POOL AND ICE RINK AND SPECIFYING THE
TIMING AND FINANCING THEREFOR
BE IT ORDAINED BY THE COUNCIL OF ThE CITY OF FORT
COLLINS
Section 1 That a 50-ieter indoor swimming pool and
ice rink snall be constructed by the City, with said con-
struction to be commenced no later than Dec Ember 31, 1981
Section 2 Such pool and ice rink construction shall
be financed by the Ceneral Fund of the City in any manner to
be later determined by the City Council , including but not
limited to the issuance of general obligation bonds if duly
approved at an election, or general fund sales tax revenue
bonds
Section 3 That the one percent (10%) City sales
tax approved by City voters on February 20, 1973 not be
extended beyond March 31, 1980 for the purpose of financing
said pool and ice rink construction of other capital im-
provements "
Section 4 At such election the following citizen ' s initiative
shall be submitted to a vote of the qualified electors of the City
"PEOPLE'S ORDINANCE NO 2
BEING AN ORDINANCE AhENDING SECTION 84-2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE POSSESSION, USE OR
DISTRIBUTION OF NO MORE THAN ONE OUNCE OF
MARIJUANA AND SETTING A PENALTY THEREFOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 84-2 of the Code of the City of Fort
Collins be, and it hereby is, amended by the addition
tnereto of the followinq subsection
"L Possession of One Ounce or Less of Nari,7uana
(a) No adult snall possess, control , use, or give
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away cannabis, which is defined as all parts
of the plant, Cannabis Sativa L , whether
growing or not, its seeds or resin, and every
compound , manufacture, salt, derivative,
mixture or preparation with the above,
unless such possession, control , use or sale
is pursuant to a license or prescrip-
tson as provided in C R S 12-22-408, as
amended This definition does not include
the mature stalks of the plant , fiber
produced from the stalks , oil or cake
made from the seeds of the plant, or any
other compounds, manufacture, sale, deriva-
tive, mixtures or preparation of the mature
stalks, except resin extracted therefrom ,
fiber, oil or cake, or the sterilized seed of
the plant which is incapable of germination
(b) Any violation of possession by an adult of
not more than one ounce of cannabis shall be
subject to a sentence of up to Five Dollars
($5 00) , including judgment fees and costs,
and no probation or any otner punative or
rehabilitative measure shall be imposed,
provided, however, that this Article shall
not be construed to prohibit deferred sen-
tencinq Juveniles will continue to oe
treated under existing State statutes The
Municipal Court Clerk shall accept any plea
of guilty in the ame manner as pay ki , g
tickets are paid at the hunicipal Finance
Department, as of May 1 , 1980 Adults
pleading guilty of viola bons of this
Article shall be allowed to tender the sum of
Five Dollars ($5 00) to the Municipal Finaice
Department as a full and complete satisfac-
tion and discharge of liability, and no
aopearance before a funicipal Judge or any
othe, judicial officer snall be required In
any prosecution for violations of this
Section, the burder of establishing any
license or prescription shall be upon the
defendant but this does not snift the burden
of proof for the violation
(c) No Fort Collins police officer, or his
or her agent, shall complain of the posses-
sion, control , use, or giving away of canna-
bis by an adult to any other authority except
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the Fort Collins City Attorney, and the City
Attorney shall not refer any said complaint
to any other authority for prosecution
(d) Should the State of Colorado enact lesser
penalties than set forth in (2) above, or
entirely repeal penalties for the possession,
control , use, giving away, or sale of canna-
bis, then this Section, or tiie relevant
portions thereof, shall be null and void "
Section 5 The City Council has reviewed the City Charter and desires
to submit certain Charter Amendments to the qualified electors of the City
at said special election The following proposed Charter Amendments shall
be submitted to a vote of the qualified electors of tire City at said
election
PROPOSED CHARTER AhErOiEHT NO 1
Amend Article XVI , Section 13 of the Charter of the City of Fort
Collins to read as follows
"Section 13 Statement of Expenses
Every candidate at any City election shall , within
thirty (30) days thereafter, file an itemized statement
snowing in detail all amounts of money contributed or
expended by the candidate, directly or indirectly, in
aid of tree candidate' s campaign, and giving therein the
rid-des of the various persons receiving such money, and
the specific nature of each item, acid the purpose for
which expended or contributed
The City Council may act by ordinance to establish
limits on campaign expenditures for candidates for City
offices A limit established pursuant to this Section
shall not apply to any City election conducted less
than one year after the enactment or amendment of the
limit
No political party or City employee, directly or
indirectly, and no public service corporation, nor any
otner person, firm or corporation, owning, interested
in, or intending to apply for any franchise or contract
with the City shall contribute or expend any money or
other valuable thing, directly or indirectly, to assist
in the election or defeat of any candidate "
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PROPOSED CHARTER ANiENDhENT NO 2
Anend Article XIX , Section 2 of the Charter of the City of Fort
Collins to read as follows
"The functions of the Board shall be
(a) To advise the Council on zoning , subdivision ,
annexations, major public and private projects,
public works matters, capital outlay budgeting,
and long-range planning,
(b) To exercise the authority vested in it by State
zoning laws,
(c) To cooperate with school , county, and any other
planning and zonirg board and, with the approval
of the Council , to enter into agreements to
pronote uniform planning and zoning within and
without the City
The City Council , by ordinance approved Dy at least
five (5) Councilrrembers may expand the authority of
the Planning and Zoning Board to include final action
on all planning items except zonings, rezonings, and
annexations, provided that such action shall be subject
to the right of appeal to City Council "
PROPOSED CHAPTER Ai iENDNiENT NO 3
Amend Article XIX, Section 3, of the Charter of the City of Fort
Collins to read as follows
"Section 3 Zoning For the purpose of promoting the
health , safety, morals, and general welfare of the
community, the Council is hcreby empowered to zone the
City All zoninq regulations shall be uniform for eacn
class or kind of buildinSs throughout each district,
but zoning regulations in one district may differ from
those in other districts, and further the Council may
place reasonable use-related conditions upon any
particular property in any given district "
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PROPOSED CHARTER AVENDINENT NO 4
Amend Article XVII of the Charter of the City of Fort Collins by
adding a ne�ti Section 8 thereto, ano further by amending Sections 2 and 3
thereof, said amendments to be as follows
1 That paragraphs 1 of Section 2 be amended by delet-
ing therefrom tfse phrase "or call a special City
election, unless a general or special City election
is to occur within ninety (90) days thereafter" ,
and substituting therefor the phrase "or call a
special City election within ninety (90) days after
the petition has been certified to the Council
unless a general or special City election is to
occur withir said ninety (90) day period",
2 That paragraph 4 of Section 2 be amended by adding
at the end of the second sentence thereof the
following phrase 'provided that the Council on its
own motion may at any time call a special election
for the purpose of considering an ordinance initi-
ates by the Council ' ,
3 That Section 3 be amended by deleting from the
second sentence thereof the words and figures
"fifteen percent (15%)" , and substituting therefor
the words and figures "ten percent (10%) ,
4 That Section 3 be amended by eliminating the last
sentence tnereof,
5 That Article XVII be amended by adding an addition-
al Section 8 thereto to read as follows
"Section 8 Council Use of Initiative and Referen-
dum The Council , of its own motion, shall have
the power to sslbmit any proposPo ordinance or refer
rly a�7l��tCC� J - r' IC LU Ti e v0 Of `LF12 pet Jl�- i
a general or pedal Clectron in f,laIlrer as In Znls
Charter prodded "
PROPOSED CHARTER AhEOMENT NO 5
Amend Article V , Section 31 , of the Charter of the City of Fort
Collins to read as follows
"Section 31 Competitive Bidding Before the purchas-
inq anent males any purchase of or contract for sup-
plies, materials, or equipment, he shall give ample
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opportunity for competitive bidding under such rules
and regulations , and with such exceptions as the
Council may prescribe by ordinance "
PROPOSED CHARTER ANENDMEOT 110 6
Amend Article V . Section 33, of the Charter of the City of Fort
Collins to read as follows
"All City improvements in excess of an amount to be
determined by ordinance of the City Council shall be
executed by contract, except such improvements as
Council authorizes a department to make, and shall be
submitted to competitive bidding and awarded to the
lowest responsible b dder, who shall be required to
provide a performance bond or other equivalent securi-
ty The Council may choose not to bid any specific
project, and, in lieu thereof, may authorize the City
to proceed with the construction as in other cases in
accordance with the plans and specifications, and tfie
services of the City shall be cnarged as a part of the
cost of the improvements "
PROPOSED CHARTER AMENDMENT NO 7
Amend Article IV of the Charter of the City of Fort Collins by delet-
ing ther-from Section 16
PROPOSED CHARTER AMENDiIENT NO 8
Amend Article II , Section 2, of the Charter of the City of Fort
Collins by deleting the phrase "five years" in the first paragraph thereof,
and substitutinq therefor the phrase "one year "
Section 6 The said election shall be field and conducted as nearly as
may be practicable in the manner prescribed by the Municipal Election Code
(Article X, Title 31, C R S 1473) Eacri person offering to vote in said
election must be a qualified elector registered to vote in the City of Fort
Collin, Voting machines shall be used at the election
Section 7 The City Clerk shall publish such notices of the election
and of the issues to be voted upon as may be required by law
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Section 8 The Board of Elections shall provide for a canvas of
returns of said election and for issuance of appropriate certificates as
provided in Section 6 and 12 of Article XVI of the City Charter
Introduced, considered favorably on first reading, and ordered pub-
lished this 8th day of January, A D 1980, and to be presented for final
passage on the 16tn day of January, A D 1980
-L
Mayor
City Cler4
Passed and adopted on final reading this 16th day of Januarv, A D
1980
Mayo
ATT ST
City ler! -
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