HomeMy WebLinkAbout052 - 05/03/2011 - REPEALING ORDINANCE NO. 003, 2011, MAKING AMENDMENTS TO THE LAND USE CODE PERTAINING TO THE EAST SID ORDINANCE NO. 052, 2011,
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 0033 2011, MAKING
AMENDMENTS TO THE CITY OF FORT COLLINS
LAND USE CODE PERTAINING TO THE EAST SIDE AND
WEST SIDE NEIGHBORHOODS
WHEREAS, on February 1, 2011, the City Council adopted on second reading Ordinance
No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the
East Side and West Side Neighborhoods (the "Ordinance"); and
WHEREAS,on February 11,2011,a registered elector commenced referendum proceedings
by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on February 22, 2011, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the"Referendum Petition"); and
WHEREAS,on March 14,2011,the Referendum Petition was filed with the City Clerk;and
WHEREAS,on March 17,2011,the City Clerk determined that the Referendum Petition did
not contain the requisite number of signatures (at least 2,517) to warrant further action by the City
Council and that such petition was insufficient within the meaning of Article X, Section 5(f)of the
City Charter; and
WHEREAS, on March 24, 2011, a Protest of Petition Insufficiency (the "Protest Notice")
was filed by Lynn Davies, one of the Referendum Petition representatives; and
WHEREAS, pursuant to the provisions of the City Charter, a protest hearing (the "Protest
Hearing") was held on March 31, 2011, at which the City Clerk heard testimony regarding the
allegations contained in the Protest Notice; and
WHEREAS,at the conclusion of the Protest Hearing,the City Clerk preliminarily determined
that she had received adequate testimony to qualify additional signatures which would result in the
Referendum Petition being certified as sufficient; and
WHEREAS,the final Decision of the City Clerk was rendered on April 7,2011,finding the
Referendum Petition to be sufficient; and
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically suspends
the operation of the ordinance'in question pending repeal by the Council or final determination by
the electors; and
WHEREAS, Council has determined that the Ordinance should be repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Ordinance No.003,2011,Making Amendments to the City of Fort Collins Land Use
Code Pertaining to the East Side and West Side Neighborhoods, is hereby repealed in its entirety.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011.
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City Clerk
Passed and adopted on final reading on the 3rd day of May, A.D. 2011.
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