HomeMy WebLinkAbout1994-151-09/06/1994-COORDINATED SPECIAL ELECTION LDGS INTERIM PHASING CRITERIA NOVEMBER ELECTION REFERENDUM PETITION RESOLUTION 94-151
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY CLERK TO REQUEST A COORDINATED ,
SPECIAL ELECTION AND CERTIFY CERTAIN BALLOT CONTENT TO THE
COUNTY CLERK AND RECORDER
WHEREAS, on August 2, 1994, the City Council adopted on second reading
Ordinance No. 114, 1994 ("Ordinance No. 114") , establishing certain interim
phasing criteria for the development of real property under the Land Development
Guidance System ("LOGS") in the City; and
WHEREAS, pursuant to Article X, Section 2, of the City Charter, a notice
of protest has been filed with the City Clerk against the going into effect of
Ordinance No. 114, pending an attempt by one or more registered electors of the
City to obtain a petition sufficient to refer said Ordinance to a vote of the
registered electors of the City; and
WHEREAS, if such referendum effort is successful , a petition with
sufficient signatures must be filed with the City Clerk on or before September
12, 1994, and, upon certification of such signatures as sufficient for
referendum, the City Clerk is to present the same to the City Council , in which
event Ordinance No. 114, would be automatically suspended in its operation until
such time as the City Council repealed the same or submitted the same to a vote
of the people; and
WHEREAS, there is presently scheduled a general election to be conducted
by the County Clerk and Recorder on November 8, 1994; and
WHEREAS, the Uniform Election Code of 1992 provides that: (1) any political
subdivision of the State may request that a special election be coordinated with
the general election, so long as the ballot content for such special election is
certified to the County Clerk and Recorder prior to the fifty-fifth day before
the general election; and (2) any political subdivision for which the County
Clerk and Recorder will conduct a coordinated election shall enter into an
intergovernmental agreement with the County Clerk and Recorder regarding the
conduct of such election; and
WHEREAS, in the event that a petition sufficient for referendum is not
filed with the City Clerk until September 12, 1994, the City Council would have
no opportunity to request a coordinated special election prior to September 13,
1994, the fifty-fifth day before the general election; and
WHEREAS, the City Council believes that if this matter is to be submitted
to the registered electors of the City, it should be submitted at the earliest
opportunity; and
WHEREAS, in anticipation of the possible filing of a petition sufficient
for referendum in this matter, the City Council wishes to authorize the City
Clerk to request the holding of a special election in coordination with the
upcoming general election; and
WHEREAS, the City Council has, on this same date, adopted on first reading
Ordinance No. 139, 1994, which, if adopted on second reading, would amend
Ordinance No. 114; and
WHEREAS, if Ordinance No. 114 is to be submitted to the voters, the City
Council intends to repeal said Ordinance in its present form as authorized by the
Charter and refer to the voters instead the amended version of Ordinance No. 114
(Ordinance No. 145, 1994) ; and
WHEREAS, the ballot content to be certified to the County Clerk and
Recorder by the City Clerk should be consistent with said amended version of
Ordinance No. 114.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the City Clerk is hereby authorized to request of the
Larimer County Clerk and Recorder that a special City election be held in
conjunction with the upcoming general election on November 8, 1994.
Section 2. That the following ballot language is hereby adopted for
referring the amended version of Ordinance No. 114 (Ordinance No. 145, 1994) to
the electors at said upcoming general election on November 8, 1994, and the City
Clerk is hereby authorized to certify said ballot language to the Larimer County
Clerk and Recorder:
REFERRED ORDINANCE
Ordinance No. 145, 1994, amending Section 29-526(D) (2) of the City
Code to add interim phasing criteria to the Land Development
Guidance System and directing city staff to develop certain proposed
plans and policies to support the adoption of long-term growth
management measures.
FOR THE ORDINANCE _
AGAINST THE ORDINANCE
Section 3. That the City Manager is hereby authorized to execute an
intergovernmental agreement with the Larimer County Clerk and Recorder regarding
the conduct of the special City election to be held in conjunction with the
upcoming general election on November 8, 1994, which agreement shall address the
allocation and responsibilities between the County Clerk and Recorder and the
City for the preparation and conduct of said election and shall make provision
for a reasonable sharing of the actual cost of the coordinated election among the
County and the political subdivisions and shall contain such other terms and
conditions as the City Manager may deem advisable, upon recommendation of the
City Clerk and City Attorney.
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Section 4. That in the event that a petition sufficient for referendum is
not filed with the City Clerk on or before September 12, 1994, the City Clerk is
hereby authorized to withdraw the foregoing request for a coordinated election,
and the City Manager is authorized to pay such reasonable costs as may have
theretofore been incurred by Larimer County as a consequence of the City's
request for such special election.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 6th day of September, A.D. , 1994
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ayor
ATTEST:
�G�LL fcA.i�
City Clerk
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