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HomeMy WebLinkAbout008 - 01/17/2023 - CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED ELECTORS A CITINo Action Taken 01/17/2023 ORDINANCE NO. 008, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED ELECTORS A CITIZEN REFERENDUM OF ORDINANCE NO. 114, 2022, REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOPMENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS “2022 TRANSITIONAL LAND USE REGULATIONS” WHEREAS, on November 1, 2022, the City Council adopted on second reading Ordinance No. 114, 2022, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying the 1997 Land Use Code as “2022 Transitional Land Use Regulations” (the “Ordinance”); and WHEREAS, on November 11, 2022, a registered elector commenced referendum proceedings by filing with the City Clerk a notice of protest against the Ordinance; and WHEREAS, on November 18, 2022, the City Clerk approved the form of the referendum petition relating to the Ordinance (the “Referendum Petition”); and WHEREAS, on December 19, 2022, the petition representatives filed the Referendum Petition with the City Clerk; and WHEREAS, on December 30, 2022, the City Clerk issued and provided to the City Council her certification that the Referendum Petition contained the requisite number of signatures (at least 4,228) to require further action by the City Council, 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 pending repeal by the Council or final determination by the electors; and WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not repealed, the Council must refer the same to a vote of the registered electors at the next regular or special city election, or, in the alternative, call a special election for that purpose; and WHEREAS, the Council has, this same date, determined that the Ordinance should not be repealed by the Council but should instead be referred to the registered electors; and WHEREAS, the Council has further determined that it would be in the best interest of the City to call a special municipal election on the date specified below in order to submit the Ordinance to a vote of the registered electors of the City at such special election. No Action Taken 01/17/2023 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That a Special Municipal Election in the City is hereby called for Tuesday, _________________. Section 3. That the use of an electronic system to record the votes at said election is hereby authorized. Introduced, considered favorably on first reading, and ordered published this 17th day of January, 2023, and to be presented for final passage on the 7th day of February, 2023. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of February, 2023. Mayor ATTEST: City Clerk