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HomeMy WebLinkAbout199 - 12/16/1986 - SUBMITTING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE ELECTORS CONCERNING RECALL, INITIATIVE AND RE ORDINANCE NO. 1997 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS CONCERNING RECALL, INITIATIVE AND REFERENDUM 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 qualified electors of the City of Fort Collins; and WHEREAS, the Council desires to submit certain proposed Charter amendments to the registered voters of the City at the next regular City election to be held on March 3, 1987. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . 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to be held on March 3, 1987: PROPOSED CHARTER AMENDMENT NO 3 Part A. Article XVIII of the Charter of the City is hereby repealed in its entirety and reenacted as follows: RECALL Section 1 . The Recall . (a) Power. Any incumbent of an elective office may be removed from office by the qualified REGISTERED electors of the city. after-he-has-held-of€ice-der-eRe-year: NO RECALL PETITION SHALL BE CIRCULATED OR FILED AGAINST ANY OFFICER UNTIL THE OFFICER HAS ACTUALLY HELD OFFICE FOR AT LEAST ONE YEAR IN THE OFFICER'S CURRENT TERM, NOR WITHIN SIX MONTHS OF THE END OF SUCH TERM. THE PROCEDURE TO EFFECT A RECALL SHALL BE AS PROVIDED IN THIS ARTICLE. (b) Commencement of proceedings• affidavit One or more qualified REGISTERED electors shall--file MAY COMMENCE RECALL PROCEEDINGS BY FILING with the City Clerk an affidavit of not more than three hundred words stating the reasons for the recall of the officer sought to be removed. A SEPARATE AFFIDAVIT SHALL BE FILED FOR EACH OFFICER SOUGHT TO BE RECALLED. The-Gity-clerk shall;--within--€arty-eight--hears--after--the--filing--ef--said affidavit;-mail-a-copy-by-registered-mail-te-the-officer-sought te--be--recalled;--who-may--file--with--the--City-�Ierk--a---swern statement--in--defense-of-Ahe--charges--made-against--him: WITHIN FORTY-EIGHT HOURS AFTER THE FILING OF THE AFFIDAVIT, THE CITY CLERK SHALL MAIL A COPY BY REGISTERED MAIL TO THE AFFECTED OFFICER. WITHIN FIVE DAYS AFTER THE DATE OF THE CLERK'S MAILING, THE AFFECTED OFFICER MAY FILE WITH THE CITY CLERK A SWORN STATEMENT OF NOT MORE THAN THREE HUNDRED WORDS IN DEFENSE OF THE CHARGES. THE AFFIDAVIT AND THE RESPONSE ARE INTENDED FOR THE INFORMATION OF THE REGISTERED ELECTORS, WHO SHALL BE THE SOLE AND EXCLUSIVE JUDGES OF THE SUFFICIENCY OF THE GROUND OR GROUNDS ASSIGNED FOR THE RECALL, AND SAID GROUND OR GROUNDS SHALL NOT BE OPEN TO JUDICIAL REVIEW. UPON THE FILING OF THE STATEMENT IN DEFENSE, OR AFTER THE EXPIRATION OF THE TIME ALLOWED FOR SUCH FILING WHEN NO STATEMENT IS FILED, THE CITY CLERK SHALL APPROVE THE FORM OF THE PETITION FOR RECALL OF THE OFFICER IN ACCORDANCE WITH SECTION 2(b) OF THIS ARTICLE. THE PETITION SHALL BE CIRCULATED, SIGNED, VERIFIED AND FILED IN THE MANNER PROVIDED IN SECTION 2 OF THIS ARTICLE. (c) Call of election. If-the-petit4on-er-amended-i3etitien;-4s found-sufficient;-the-City-Clerk-shall-submit-the-same-with-his certificate-te-the-Council-without-delay-and-the-£euncil;-if-the officer-3ought- to--be--remeved-,dees-flet--resign--within--five--days thereafter-shall-ender-an-election:---,---Sueh-election-shall-be held-en-a-4uesday-fixed-by-the-Council-to-Tess-than-thirty-nor mere--than--ferty-days--frem--the-date-that-the--City-Clerk=s-said eert4f icate-was-filed-, -provided-that-4f-any-other-City-election is-to-occur-within-ninety-days-f rem-the-date-ef-the-G4ty-Glerkts certificate;--the--£euneil--shall--postpene--and--censel 4date--the recall--election--with--such-ether--City-electien:::--If-a--vacancy eccurs - Tn - said-office-after-a-reeall -eleetien -has - been orderedTthe--eleet4on--to--fill--the--vacancy--shall--nevertheless preceed-as-Tn-this-article-previded: A RECALL ELECTION SHALL BE FOR THE DUAL PURPOSES OF VOTING ON THE RECALL OF THE OFFICER SOUGHT TO BE REMOVED AND THE ELECTION OF A SUCCESSOR. UPON THE CITY CLERK'S PRESENTATION OF A PETITION CERTIFIED SUFFICIENT FOR RECALL, THE COUNCIL SHALL SET A DATE FOR THE ELECTION WHICH SHALL BE HELD ON A TUESDAY NOT LESS THAN THIRTY NOR MORE THAN SIXTY DAYS FROM THE DATE OF PRESENTATION OF THE CERTIFIED PETITION TO COUNCIL. HOWEVER, IF ANY OTHER CITY ELECTION IS TO OCCUR WITHIN NINETY DAYS FROM THE PRESENTATION OF THE CERTIFIED PETITION TO COUNCIL, THE RECALL ELECTION SHALL BE POSTPONED AND CONSOLIDATED WITH SUCH OTHER CITY ELECTION. THE ORDER SETTING A DATE FOR THE RECALL ELECTION SHALL NOT BECOME EFFECTIVE UNTIL FIVE DAYS FROM THE PRESENTATION OF THE CERTIFIED PETITION TO COUNCIL. IF THE OFFICER RESIGNS WITHIN THE FIVE DAY PERIOD, THE VACANCY MAY BE FILLED BY APPOINTMENT. IF A VACANCY OCCURS IN THE AFFECTED OFFICE AFTER THE EFFECTIVE DATE OF THE ORDER, THE ELECTION TO FILL THE VACANCY SHALL NEVERTHELESS PROCEED. -2- (d) Disoualification for office. No person who has been recalled or has resigned while--recall--proceedings-were-pending against--him AFTER THE CLERK'S PRESENTATION TO COUNCIL OF A CERTIFIED, SUFFICIENT PETITION FOR RECALL OF SUCH PERSON shall serve the city in any ELECTED OR APPOINTED capacity within two years after such removal or resignation. Section 2. Petitions. A-petition-signed-by-qualified-electors-equal-4n-number-to-at least--fifteen--per-eent-e€--the-Aetal--registration--fer--the--last preceding--general--City-election;--but-net-mere--than-twenty-five per-cent-o€-the-total-vote-cast-in-such-election;-demanding-the recall-of-the-off 4eer-seught-te-be-remevedT-shall-be-addressed-te the-GeuneiI-and-€iled-with-the-Gity-clerk-pet-less-than-€ive-Rer more-than-thirty-days-af ter-the-af f idavit-mak4ng-eharges-against said-of€icer-has-been-filed.--Each-eleeter-signing-the-petition shall-write-his-home-address-after-his-name:--Said-petition-may be--tn--sections-a€-ene-er- more--sheets--fastened--securely-at-the tep;-and-open-each--section-o€-the-petition-shall-be-written-er printed--a--copy--ef--the--charges--previously--filed—with--the--Gity Clerk.-—One- a€--the-electors--signing-each--section--shall-append thereto-his-af f idavit-that-each-signature-wr4tten-thereen-is-the genuine-signature-e€-the-person-whese-name-it-purports-to-be;-and that-a€€iant--has-net-and--will-net-receive- any-compensation-€er obtaining-the-s4gnaturesz--All-sections-of-the-petitien-shall-be fi led-as-ene-4nstrument;-with--the-endersement--ef--the-flames-ef three-persens-designated-as-filing-the-same. (a) Separate petitions required. A SEPARATE PETITION SHALL BE CIRCULATED AND FILED FOR EACH OFFICER SOUGHT TO BE RECALLED. (b) Form and content. (1) Approval of form. NO PETITION SHALL BE CIRCULATED UNTIL THE CITY CLERK HAS APPROVED THE FORM FOR CIRCULATION. THE CITY CLERK SHALL FIRST DETERMINE THAT THE PETITION FORM CONTAINS ONLY THE MATTERS REQUIRED BY THIS ARTICLE. THE CITY COUNCIL SHALL PRESCRIBE BY ORDINANCE , UPON RECOMMENDATION OF THE CITY CLERK, A GENERAL FORM OF PETITION WHICH SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS AS NECESSARY. THE CITY CLERK'S APPROVAL UNDER THIS SECTION SHALL NOT CONSTITUTE AN APPROVAL OF THE CONTENT OF THE PETITION, BUT RATHER, SHALL START THE RUNNING OF THE TIME PERIODS PROVIDED FOR CIRCULATION AND FILING OF PETITIONS FOR RECALL. (2) Statement of purpose. THE PETITION SHALL BE ADDRESSED TO COUNCIL AND SHALL CONTAIN OR HAVE ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION A COPY OF THE CHARGES SET FORTH IN THE AFFIDAVIT ON FILE WITH THE CITY CLERK, AND IF REQUESTED BY THE PERSON SOUGHT TO BE RECALLED, A COPY OF THE STATEMENT IN DEFENSE. -3- (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 RECALL OF THE SAME INCUMBENT. (c) Circulation of Petition. THE PETITION MAY BE CIRCULATED AND SIGNED IN SECTIONS WITH EACH SECTION CONSISTING OF ONE OR MORE SHEETS SECURELY FASTENED AT THE TOP, PROVIDED THAT EACH SECTION CONTAINS A FULL AND ACCURATE COPY OF THE TEXT OF THE PETITION AND THE NAMES AND ADDRESSES OF THE DESIGNATED REPRESENTATIVES FOR THE PETITION. ALL SECTIONS SHALL BE FILED AS ONE INSTRUMENT. ONLY REGISTERED ELECTORS MAY CIRCULATE THE PETITION FOR SIGNATURES. THE CIRCULATION OF ANY PETITION BY ANY MEDIUM OTHER THAN PERSONALLY BY A CIRCULATOR IS PROHIBITED. No person shall receive any compensation whatever for canvassing for signatures to petition for recall of any official OR FOR SIGNING A PETITION. (d) Affidavit of circulator. One-ef-the-electers-signing-each section--shall-append-4berete--his-a€€idavit--that A CIRCULATOR SHALL ATTACH TO EACH SECTION OF THE PETITION CIRCULATED, AN AFFIDAVIT SIGNED BY THE CIRCULATOR UNDER OATH BEFORE A NOTARY PUBLIC STATING THE FOLLOWING: (1) THE CIRCULATOR'S ADDRESS OF RESIDENCE; (2) THAT THE CIRCULATOR IS A REGISTERED ELECTOR; (3) THAT HE OR SHE PERSONALLY CIRCULATED THE SECTION; (4) THAT EACH SIGNATURE WAS AFFIXED IN THE CIRCULATOR'S PRESENCE; (5) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND BELIEF EACH SIGNER WAS AT THE TIME OF SIGNING A REGISTERED ELECTOR OF THE CITY; (6) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND BELIEF each signature written--thereeR is the genuine signature of the person whose name it purports to be; (7) THAT EACH SIGNER HAD AN OPPORTUNITY BEFORE SIGNING TO READ THE FULL TEXT OF THE PETITION; (8) and that the of€iant CIRCULATOR has not and will not receive any compensation for obtaining the signatures; AND -4- (9) THAT THE CIRCULATOR HAS NOT PAID OR OFFERED TO PAY ANY MONEY OR OTHER THING OF VALUE TO ANY SIGNER FOR THE PURPOSE OF INDUCING OR CAUSING THE SIGNER TO AFFIX HIS OR HER SIGNATURE TO THE PETITION. A PETITION VERIFIED BY THE VALID AFFIDAVITS OF ITS CIRCULATORS IN EACH OF ITS SECTIONS SHALL BE PRIMA FACIE EVIDENCE THAT THE SIGNATURES THEREON ARE GENUINE AND TRUE. (e) Number of signatures required. (1) First recall attempt THE PETITION MUST BE SIGNED BY REGISTERED ELECTORS EQUAL IN NUMBER TO THE LESSER OF FIFTEEN PERCENT OF THE TOTAL NUMBER OF REGISTERED ELECTORS FOR THE LAST PRECEDING REGULAR CITY ELECTION OR TWENTY-FIVE PERCENT OF THE TOTAL VOTE CAST IN THE LAST PRECEDING REGULAR CITY ELECTION FOR ALL CANDIDATES FOR THE OFFICE WHICH THE INCUMBENT SOUGHT TO BE RECALLED OCCUPIES, AS SUCH NUMBER IS ESTABLISHED BY THE COLORADO CONSTITUTION. (2) Subsequent recall attempts AFTER ONE RECALL PETITION AND ELECTION, A RECALL PETITION FILED AGAINST THE SAME OFFICER DURING THE SAME TERM FOR WHICH ELECTED MUST BE SIGNED BY REGISTERED ELECTORS EQUAL IN NUMBER TO THE LESSER OF THIRTY PERCENT OF THE TOTAL NUMBER OF REGISTERED ELECTORS FOR THE LAST PRECEDING REGULAR CITY ELECTION OR FIFTY PERCENT OF THE TOTAL VOTE CAST IN THE LAST PRECEDING REGULAR CITY ELECTION FOR ALL CANDIDATES FOR THE OFFICE WHICH THE INCUMBENT SOUGHT TO BE RECALLED OCCUPIES, AS SUCH NUMBER IS ESTABLISHED BY THE COLORADO CONSTITUTION. (f) Place of filing time limits. PETITIONS FOR RECALL SHALL BE FILED WITH THE CITY CLERK WITHIN THIRTY DAYS OF THE CLERK'S APPROVAL OF THE FORM FOR CIRCULATION. EACH PETITION SHALL DESIGNATE BY NAME AND ADDRESS NOT LESS THAN THREE NOR MORE THAN FIVE PERSONS WHO SHALL REPRESENT THE SIGNERS OF THE PETITION IN ALL MATTERS AFFECTING THE PETITION, AND SHALL BE ENDORSED BY SUCH PERSONS. (g) Sufficiency of Detition• amendment. Within ten FIVE WORKING days of the filing of said A petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of qualified REGISTERED electors AND CONTAINS THE REQUIRED PARTICULARS AND AFFIDAVITS. and--shall--attach--therete--his eertifieate--showing--the--result--o€--such--examination:-—I€--the petition-is-4nsuffieient-he-shall-forthwith;-4n-writing;-notify one-er-mere-of-the-persons-designated-en-the-petition-as-filing the--same. IF THE PETITION IS INSUFFICIENT, THE CLERK SHALL SO CERTIFY AND FORTHWITH NOTIFY ALL OF THE DESIGNATED PETITION REPRESENTATIVES IN WRITING, SPECIFYING THE PARTICULARS OF INSUFFICIENCY. -5- REGISTERED ELECTORS DESIRING TO PROTEST THE SUFFICIENCY OF A PETITION MAY FILE A WRITTEN PROTEST, UNDER OATH, IN THE OFFICE OF THE CITY CLERK WITHIN TEN DAYS OF THE FILING OF THE PETITION. THE PROTEST SHALL SET FORTH WITH PARTICULARITY THE GROUNDS OF PROTEST AND THE NAMES AND DEFECTS IN FORM PROTESTED. THE REASONS ASSIGNED FOR RECALL MAY NOT BE PROTESTED. UPON THE FILING OF A WRITTEN PROTEST, THE CITY CLERK SHALL SET A TIME FOR HEARING SUCH PROTEST, WHICH SHALL BE NO MORE THAN SEVEN DAYS THEREAFTER. AT LEAST FIVE DAYS BEFORE THE HEARING, THE CITY CLERK SHALL MAIL A COPY OF THE PROTEST TO ALL OF THE DESIGNATED PETITION REPRESENTATIVES TOGETHER WITH A NOTICE OF THE TIME FOR HEARING. ALL RECORDS AND HEARINGS SHALL BE BEFORE THE CITY CLERK WHO SHALL HAVE THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS. ALL RECORDS AND HEARINGS SHALL BE PUBLIC, AND ALL TESTIMONY SHALL BE UNDER OATH. THE HEARING SHALL BE SUMMARY IN NATURE AND CONCLUDED WITHIN THIRTY DAYS AFTER THE PETITION WAS FILED. THE CITY CLERK SHALL DECIDE AND CERTIFY THE RESULTS OF THE HEARING WITHIN TEN DAYS AFTER THE HEARING IS CONCLUDED. IN CASE THE PETITION IS DEEMED INSUFFICIENT, WHETHER FOLLOWING THE INITIAL DETERMINATION BY THE CITY CLERK, OR FOLLOWING PROTEST PROCEEDINGS, IT the-petition may be withdrawn and amended within fifteen days from the filing of the CLERK's certificate of INSUFFICIENCY. The City Clerk shall , within five days after such amendment, make-Tike-examinatien-ef EXAMINE the amended petition AND THE REGISTRATION BOOKS and attaeh-therete-his-eertifieate-of the--result CERTIFY THE RESULT. If the petition is still insufficient, OR IF NO AMENDMENT IS MADE, he THE CITY CLERK shall return it to one of the persons-designated-thereon-es-filing-it DESIGNATED PETITION REPRESENTATIVES without prejudice to the filing of a new petition for the same purpose. WHEN AND IF A PETITION OR AMENDED PETITION IS DEEMED SUFFICIENT, WHETHER FOLLOWING THE INITIAL SUFFICIENCY DETERMINATION BY THE CITY CLERK IN THE ABSENCE OF A PROTEST, OR FOLLOWING PROTEST PROCEEDINGS, THE CITY CLERK SHALL SO CERTIFY AND PRESENT THE CERTIFIED PETITION TO THE COUNCIL AT THE NEXT REGULARLY SCHEDULED MEETING. THE CITY CLERK'S CERTIFICATE SHALL THEN BE A FINAL DETERMINATION AS TO THE SUFFICIENCY OF THE PETITION. Section 3. Elections. (a) Generally. ELECTIONS ON RECALL SHALL BE CONDUCTED IN THE SAME MANNER AS PROVIDED GENERALLY FOR REGULAR OR SPECIAL CITY ELECTIONS IN THIS CHARTER. ALL CHARTER PROVISIONS RELATED TO NOMINATION AND QUALIFICATION OF CANDIDATES SHALL APPLY TO RECALL ELECTIONS. (b) Nominations on recall . Anyone desiring to become a candidate at the recall election shall do so by petition as required in Article XVI, which, if presented to the City Clerk at least fifteen TWENTY-FIVE days before said THE election ENTITLES -6- THAT CANDIDATE TO BE NAMED ON THE BALLOT. shall;-entitle-Hire-te have-his-r9ame-plaeed-en-the-ballet IF MORE THAN ONE OFFICIAL IS SOUGHT TO BE RECALLED, THEN THE NOMINATION PETITIONS MUST SPECIFY WHICH INCUMBENT THE CANDIDATE SEEKS TO SUCCEED. Notice of election shall be given as provided in Section 5 of Article XVI OF THIS CHARTER AND THE MUNICIPAL ELECTION CODE. The name of the person against whom the RECALL petition is filed shall not appear on the ballot as a candidate for the office. (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, THE STATEMENT OF GROUNDS AND, IF REQUESTED BY THE AFFECTED OFFICER, THE OFFICER'S STATEMENT IN DEFENSE FOLLOWED BY THE WORDS, "Shall (name of person against whom the recall petition is filed) be recalled from the office of ( . . . . . . . . .) ." Following such question shall be the words, "Yes" and "No" on separate lines, with a blank space at the right of each, in which the voter shall indicate by marking-e-eress-{X)7 his OR HER vote for or against such recall . On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. but THE FOLLOWING INSTRUCTION SHALL BE EFFECTIVE IN COUNTING VOTES AND SHALL APPEAR ON THE BALLOT: No vote cast shall be counted for any candidate for such office, unless the voter also voted for or against the recall of the person sought to be recalled from said THE office. (d) Election results. If a majority of those voting on said THE question of the recall of any incumbent from office shall-vete VOTE "No," the incumbent continues in office. If a majority shall-vete VOTES "Yes" for the incumbent's removal , the incumbent shall thereupon be deemed removed from his office upon the qualification of his successor. If the officer be IS recalled, the candidate for succession receiving the highest number of votes at said THE election shall be declared elected FOR THE REMAINDER OF THE INCUMBENT'S TERM. The candidate elected shall take office at the next regular Council meeting. IN CASE THE CANDIDATE ELECTED FAILS TO QUALIFY WITHIN TEN DAYS AFTER THE ISSUANCE OF A CERTIFICATE OF ELECTION, THE CANDIDATE WITH THE NEXT HIGHEST VOTE SHALL BE ELECTED, AND IF THERE IS NO OTHER ELECTED SUCCESSOR WHO QUALIFIES, THE OFFICE SHALL BE DEEMED VACANT, AND SHALL BE FILLED BY APPOINTMENT BY THE REMAINING MEMBERS OF THE COUNCIL. Section 4. Further regulations. THE COUNCIL SHALL, BY ORDINANCE, MAKE SUCH FURTHER RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE, IF NOT INCONSISTENT WITH THIS CHARTER AND THE COLORADO CONSTITUTION. -7- Part B. Article XVII of the Charter of the City is hereby repealed in its entirety and reenacted as follows: INITIATIVE AND REFERENDUM Section 1. The Initiative. Any--pro posed--ordinance--er--resolution-inay--be-submitted-to-the Ceuneil--by--petition--signed--by--quali€ied--eleeters--of--the--City equal-in-number-te-the-pereentage-hereinafter-required: (a) Power. THE REGISTERED ELECTORS OF THE CITY SHALL HAVE THE POWER AT THEIR OPTION TO PROPOSE ORDINANCES OR RESOLUTIONS TO THE COUNCIL, AND, IF THE COUNCIL FAILS TO ADOPT A MEASURE SO PROPOSED, TO ADOPT OR REJECT SUCH ORDINANCE OR RESOLUTION AT THE POLLS. THE PROCEDURE FOR INITIATIVE SHALL BE AS PROVIDED IN THIS ARTICLE. (b) Commencement of Proceedings; notice. ONE OR MORE REGISTERED ELECTORS MAY COMMENCE INITIATIVE PROCEEDINGS BY FILING WITH THE CITY CLERK THE FULL TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION. 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. If-the-petitien-aeeempaRy4ng-the-proposed-ordi-nanee-er-resolution is--signed--by--qual i€ied--electors--equal--in---number--to--fi€teen percent-o€-the-total-vote-east-in-the-last-general-City-election; and--requests--that--such--preposed--ordinance--or--resolution--be submitted-to-a-vote-of-the-peepleT-the-Council-shall-either-pass said---ordinance--er---resolution--within---thirty--days--without alterations;-subject--te-the--re€ereRdum;- or--eall-a-special-City election--within--ninety--(9A)--days--af ter-4he--petition--has--been eerti€ied--te--the--Ceuneil--unless-�--general--or--special-amity election-4s-to-occur-within-said-ninety-f90)-day-period;-and-at such--special-,er-general-election-submit-said-proposed-ordinance er-resolutien-te-a-vote-ef-the-quali€ied-eleeters: If-the-petition-4s-signed-by-quali€ied-electors-equal-4R-number to--at--4east--ten--percent--of--the--total--vote--East--in--the--last general-City-election-and-4s-€iled-with-the-City-Clerk-at-least sixty-days--be€ere-any-general-City-electien;-the-Council-shall pass--said--proposed--ordinance--or--resolution--without--alteration within--thirty-days;-er--shall-submit--the--same--te-a-vete-o€-the quali€ied-eleeters-at-the-next-general-City-eleetieR: (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 WITHOUT ALTERATION WITHIN THIRTY DAYS OR REFER SUCH PROPOSED MEASURE IN THE FORM PETITIONED FOR, TO THE REGISTERED -8- 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 PER CENT 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 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 2. The Referendum. The---referendum--shall--apply--te--a}}--ordinances--passed--by--the Council; (a) Power. THE REGISTERED ELECTORS OF THE CITY SHALL HAVE THE POWER AT THEIR OPTION TO APPROVE OR REJECT AT THE POLLS, ANY ORDINANCE ADOPTED BY THE COUNCIL, except ordinances making the ANNUAL PROPERTY tax levy, making the annual appropriation, CALLING A SPECIAL ELECTION, or ordering improvements initiated by petition and to be paid for by special assessments. -::I€-at-any-time-within-thirty-days-af ter-the-final-passage-e€ an-erdinanee-4 e-which-4he--re€erendum-4s-applieable;-a-petition signed--by--qualified--eIecters--equal--4n-+number--te--at--4east--ten percent--(19%)--a€--the--total--rete-east-4n--the--4ast-general-City eleetien;--be--presented--ts--the- Ceaneil;--pretesting--against- the going-4nte-a€€ect-o€-any-erdinance;-the-same-shall-thereupon-be suspended;--and-the-Council-shall-reeensider-such-ordinance:--If the-same-be-net-entirely-repealed;-the-Council-shall-submit-the same-to-a-vete-e€-the-qualified-eleeters-e€-the-City-in-manner-as provided-4n-respect-to-the- Initiative;-at-the-next-general-City eleetien-er-at-a-special-eleetien-called-there€er::: (b) Commencement of proceedings ONE OR MORE REGISTERED ELECTORS MAY COMMENCE REFERENDUM PROCEEDINGS BY FILING WITH THE CITY CLERK WITHIN TEN DAYS AFTER FINAL PASSAGE OF THE ORDINANCE IN QUESTION, A NOTICE OF PROTEST AGAINST THE GOING INTO EFFECT OF THE ORDINANCE. THE NOTICE SHALL BE BRIEF AND NEED NOT STATE ANY REASONS, BUT SHALL IDENTIFY THE ORDINANCE OR PART THEREOF, OR CODE SECTION IT PROPOSES TO HAVE REPEALED. NOT LATER THAN TEN DAYS AFTER THE FILING OF THE NOTICE, THE PROPONENTS SHALL PRESENT TO THE CITY CLERK THE FINAL FORM FOR THE REFERENDUM PETITION CONFORMING TO THE REQUIREMENTS OF THE ARTICLE. IF THE NOTICE AND PETITION FORM ARE TIMELY PRESENTED, THE CITY CLERK SHALL APPROVE THE 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 BY SECTION 4 OF THIS ARTICLE. IF A COMPLETED PETITION IS NOT SUBSEQUENTLY FILED WITHIN TWENTY DAYS AFTER THE CITY CLERK'S APPROVAL OF THE FORM FOR CIRCULATION, THE REFERENDUM EFFORT IS NULL AND VOID AND THE -9- PETITION SHALL NOT BE CIRCULATED FURTHER. (c) Action by Council . THE PRESENTATION TO COUNCIL OF A PETITION CERTIFIED BY THE CITY CLERK AS SUFFICIENT FOR REFERENDUM SHALL AUTOMATICALLY SUSPEND THE OPERATION OF THE ORDINANCE IN QUESTION PENDING REPEAL BY COUNCIL OR FINAL DETERMINATION BY THE ELECTORS, AND THE COUNCIL SHALL IMMEDIATELY RECONSIDER THE ORDINANCE. IF THE ORDINANCE, OR THAT PART SOUGHT TO BE REPEALED, IS NOT REPEALED, I€-the-ordinance-4s-net-entirely-repealed; the Council shall submit the same to a vote of the qualified REGISTERED electors of-the-city-4n-manner-as-provided-in-respect to--the--4 nit iative;--at--tke--next-general--Gity--election-er-at--a special-election-called-there€er: AT THE NEXT REGULAR OR SPECIAL CITY ELECTION SCHEDULED FOR ANY OTHER PURPOSE, OR IN THE DISCRETION OF THE COUNCIL AT A SPECIAL ELECTION CALLED FOR THAT SPECIFIC PURPOSE. Section 3. Council use of initiative and referendum; amendment or repeal . The-4euncil;-a€-4ts-ewn-wmetion --shall--have--the-gewer-te THE COUNCIL MAY, WITHOUT PETITION THEREFOR, SUBMIT any proposed ordinance or resolution or refer any adopted ordinance or resolution to the vote of the people at a general REGULAR or special election as-4n-this-Charter-provided IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IS PROVIDED FOR INITIATED AND REFERRED MEASURES. An ordinance or resolution adopted by electoral vote, under either the initiative or the referendum, cannot be repealed or amended except by electoral vote. but The Council shall have the power to submit a proposition to THE ELECTORS without a petition therefor, for the repeal or amendment of any such ordinance or resolution AT ANY SUCCEEDING CITY ELECTION. Section 4. Petitions. The--preeedare--respect ing-4 0 tiative--and--re€erendum--petitions shall--be--substantially--as--provided-4n--Article--XVI I I--o€--this Charter;--with--such--medi€ieations-ems--the--nature--of--the--ease requires: (a) Separate petitions required A SEPARATE PETITION SHALL BE CIRCULATED AND FILED FOR EACH MEASURE SOUGHT TO BE INITIATED OR REFERRED TO THE VOTE OF THE ELECTORS. (b) Form and content. (1) Approval of form for circulation NO PETITION SHALL BE CIRCULATED UNTIL THE CITY CLERK HAS APPROVED THE FORM FOR CIRCULATION. THE CITY CLERK SHALL FIRST DETERMINE THAT THE PETITION FORM CONTAINS ONLY THE MATTERS REQUIRED BY THIS ARTICLE. THE CITY COUNCIL SHALL PRESCRIBE BY ORDINANCE, UPON RECOMMENDATION OF THE CITY CLERK, A GENERAL FORM OF -10- PETITION WHICH SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS AS NECESSARY. THE CITY CLERK'S APPROVAL UNDER THIS SECTION SHALL NOT CONSTITUTE AN APPROVAL OF THE CONTENT OF THE PETITION, BUT RATHER, SHALL START THE RUNNING OF THE TIME PERIODS PROVIDED FOR CIRCULATION AND FILING OF PETITIONS. (2) Statement of Purpose. THE PETITION SHALL BE ADDRESSED TO COUNCIL AND, IN THE CASE OF INITIATIVE, SHALL SPECIFY WHETHER A SPECIAL ELECTION IS REQUESTED. (a) Initiative. THE PETITION SHALL CONTAIN OR HAVE ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE FULL TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION. (b) Referendum. THE PETITION SHALL CONTAIN OR HAVE ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE FULL TEXT OF THE ORDINANCE SOUGHT TO BE REFERRED, CLEARLY IDENTIFYING THE PROTESTED PORTIONS IF ONLY A PARTIAL REPEAL IS SOUGHT. IN THE CASE OF BOND ORDINANCES, THE FULL TEXT OF THE ORDINANCE NEED NOT BE SET FORTH BUT THE PETITION SHALL CONTAIN OR HAVE ATTACHED TO EACH SECTION THROUGHOUT ITS CIRCULATION THE TITLE AND SUMMARY OF THE ORDINANCE IN QUESTION AS PREPARED BY THE CITY CLERK. (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 REFERENDUM OF THE SAME MEASURE AT ONE ELECTION. (c) Circulation of Petition. THE PETITION MAY BE CIRCULATED AND SIGNED IN SECTIONS WITH EACH SECTION CONSISTING OF ONE OR MORE SHEETS SECURELY FASTENED AT THE TOP, PROVIDED THAT EACH SECTION CONTAINS A FULL AND ACCURATE COPY OF THE TEXT OF THE PETITION AND THE NAMES AND ADDRESSES OF THE DESIGNATED REPRESENTATIVES FOR THE PETITION. ALL SECTIONS SHALL BE FILED AS ONE INSTRUMENT. ONLY REGISTERED ELECTORS MAY CIRCULATE THE PETITION FOR SIGNATURES. THE CIRCULATION OF ANY PETITION BY ANY MEDIUM OTHER THAN PERSONALLY BY A CIRCULATOR IS PROHIBITED. No person shall receive any compensation whatever for canvassing for signatures to any petition for initiative OR FOR SIGNING A PETITION. (d) Affidavit of circulator. One-of-the-eleeters-signing-each seetien--shall-append-4herete--his--of€idavit--that A CIRCULATOR SHALL ATTACH TO EACH SECTION OF THE PETITION CIRCULATED AN AFFIDAVIT SIGNED BY THE CIRCULATOR UNDER OATH BEFORE A NOTARY PUBLIC STATING THE FOLLOWING: -11- (1) THE CIRCULATOR'S ADDRESS OF RESIDENCE; (2) THAT THE CIRCULATOR IS A REGISTERED ELECTOR; (3) THAT HE OR SHE PERSONALLY CIRCULATED THE SECTION; (4) THAT EACH SIGNATURE WAS AFFIXED IN THE CIRCULATOR'S PRESENCE; (5) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND BELIEF EACH SIGNER WAS AT THE TIME OF SIGNING A REGISTERED ELECTOR OF THE CITY; (6) THAT TO THE BEST OF THE CIRCULATOR'S KNOWLEDGE AND BELIEF each signature written--thereen is the genuine signature of the person whose name it purports to be; (7) THAT EACH SIGNER HAD AN OPPORTUNITY BEFORE SIGNING TO READ THE FULL TEXT OF THE PETITION; (8) and that the a€€iant CIRCULATOR has not and will not receive any compensation for obtaining the signatures; AND (9) THAT THE CIRCULATOR HAS NOT PAID OR OFFERED TO PAY ANY MONEY OR OTHER THING OF VALUE TO ANY SIGNER FOR THE PURPOSE OF INDUCING OR CAUSING THE SIGNER TO AFFIX HIS OR HER SIGNATURE TO THE PETITION. A PETITION VERIFIED BY THE VALID AFFIDAVITS OF ITS CIRCULATORS IN EACH OF ITS SECTIONS SHALL BE PRIMA FACIE EVIDENCE THAT THE SIGNATURES THEREON ARE GENUINE AND TRUE. (e) Number of signatures required (1) Initiative. THE PETITION MUST BE SIGNED BY REGISTERED ELECTORS OF THE CITY EQUAL IN NUMBER TO AT LEAST TEN PERCENT OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY ELECTION. IF A SPECIAL ELECTION IS REQUESTED BY THE PETITIONERS, THEN THE PETITION MUST BE SIGNED BY REGISTERED ELECTORS EQUAL IN NUMBER TO AT LEAST FIFTEEN PERCENT OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY ELECTION. (2) Referendum. THE PETITION MUST BE SIGNED BY REGISTERED ELECTORS OF OF THE CITY EQUAL IN NUMBER TO AT LEAST TEN PERCENT OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY ELECTION. (f) Time and manner of filing PETITIONS FOR INITIATIVE AND REFERENDUM SHALL BE FILED WITH THE CITY CLERK WITHIN THE REQUISITE TIME LIMITS OR THEY WILL BE DEEMED NULL AND VOID. EACH PETITION SHALL DESIGNATE BY NAME AND ADDRESS NOT LESS THAN THREE -12- NOR MORE THAN FIVE PERSONS WHO SHALL REPRESENT THE SIGNERS OF THE PETITION IN ALL MATTERS AFFECTING THE PETITION AND SHALL BE ENDORSED BY SUCH PERSONS. (1) Initiative. THE PETITION SHALL BE FILED WITHIN SIXTY DAYS OF THE CLERK'S APPROVAL OF THE FORM FOR CIRCULATION AND AT LEAST SIXTY DAYS PRIOR TO ANY REGULAR CITY ELECTION. (2) Referendum. THE PETITION SHALL BE FILED WITHIN TWENTY DAYS AFTER THE CITY CLERK'S APPROVAL OF THE PETITION FORM FOR CIRCULATION. (g) Sufficiency of petition (1) Examination. Within ten FIVE WORKING days of the filing of said A petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of qualified REGISTERED electors AND CONTAINS THE REQUIRED PARTICULARS AND AFFIDAVITS. and--shall-attach--thereto--his eerti€4eate-shewing-the-result-a€-sweh-examination:--If-the petition--is--insufficient--h a--shall--ferthwith;--in-writing, neti€y-one-or-more-e€-the-persens-designated-en-the-petitien as-Filing--the--same: IF THE PETITION IS INSUFFICIENT, THE CLERK SHALL SO CERTIFY AND FORTHWITH NOTIFY ALL OF THE DESIGNATED PETITION REPRESENTATIVES IN WRITING, SPECIFYING THE PARTICULARS OF INSUFFICIENCY. (2) Insufficient petition ; amendment . IN CASE AN INITIATIVE PETITION IS DEEMED INSUFFICIENT, WHETHER FOLLOWING THE INITIAL DETERMINATION BY THE CITY CLERK, OR FOLLOWING PROTEST PROCEEDINGS, IT the--petitien may be withdrawn and amended within fifteen days from the filing of the CLERK'S certificate of INSUFFICIENCY. A REFERENDUM PETITION MAY BE WITHDRAWN AND AMENDED BUT TO BE CONSIDERED MUST BE REFILED WITHIN THE TWENTY DAY PERIOD AFTER THE CITY CLERK'S APPROVAL OF THE PETITION FORM FOR CIRCULATION. The City-Glerk; Within five days after such amendment, THE CITY CLERK shall make like examination of the amended petition and attach-therete-his-certificate-e€-the-result CERTIFY THE RESULT. If the AMENDED petition is still insufficient, OR IF NO AMENDMENT WAS MADE BEFORE THE EXPIRATION OF THE TIME PERMITTED FOR AMENDMENT, he THE CITY CLERK shall return it THE PETITION to one of the persens-designated--thereen-as €il4ng-4t DESIGNATED PETITION REPRESENTATIVES. IN THE CASE OF AN INITIATIVE PETITION, THE RETURN OF THE PETITION IS without prejudice to the filing of a new petition for the same purpose. HOWEVER, A RETURNED REFERENDUM PETITION IS NULL AND VOID AND A NEW PETITION MAY NOT THEREAFTER BE FILED FOR REFERENDUM OF THE SAME ORDINANCE. (3) Protests. REGISTERED ELECTORS DESIRING TO PROTEST THE SUFFICIENCY OF A PETITION MAY FILE A WRITTEN PROTEST, UNDER -13- OATH, IN THE OFFICE OF THE CITY CLERK WITHIN TEN DAYS OF THE FILING OF THE PETITION. THE PROTEST SHALL SET FORTH WITH PARTICULARITY THE GROUNDS OF PROTEST AND THE NAMES AND DEFECTS IN FORM PROTESTED. UPON THE FILING OF A PROTEST, THE CLERK SHALL SET A TIME FOR HEARING SUCH PROTEST, WHICH SHALL BE NO MORE THAN SEVEN DAYS THEREAFTER. AT LEAST FIVE DAYS PRIOR TO THE HEARING, THE CITY CLERK SHALL MAIL A COPY OF THE PROTEST TO ALL OF THE DESIGNATED PETITION REPRESENTATIVES TOGETHER WITH A NOTICE OF THE TIME FOR HEARING. ALL RECORDS AND HEARINGS SHALL BE BEFORE THE CITY CLERK WHO SHALL HAVE THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS. ALL RECORDS AND HEARINGS SHALL BE PUBLIC, AND ALL TESTIMONY SHALL BE UNDER OATH. THE HEARING SHALL BE SUMMARY IN NATURE AND CONCLUDED WITHIN THIRTY DAYS AFTER THE PETITION WAS FILED. THE CITY CLERK SHALL DECIDE AND CERTIFY THE RESULTS OF THE HEARING WITHIN TEN DAYS AFTER THE HEARING IS CONCLUDED. A PETITION FOR REFERENDUM WHICH HAS BEEN DEEMED INSUFFICIENT AFTER PROTEST MAY NOT BE AMENDED OR CIRCULATED FURTHER. (4) Certification and oresentation to Council WHEN AND IF A PETITION OR AMENDED PETITION IS DEEMED SUFFICIENT, WHETHER FOLLOWING THE SUFFICIENCY DETERMINATION BY THE CITY CLERK IN THE ABSENCE OF A PROTEST, OR FOLLOWING PROTEST PROCEEDINGS, THE CITY CLERK SHALL SO CERTIFY AND PRESENT THE CERTIFIED PETITION TO THE COUNCIL AT THE NEXT REGULARLY SCHEDULED MEETING. THE CITY CLERK'S CERTIFICATE SHALL THEN BE A FINAL DETERMINATION AS TO THE SUFFICIENCY OF THE PETITION. Section 5. Elections. (a) Generally. ELECTIONS ON INITIATIVE AND REFERENDUM MEASURES SHALL BE CONDUCTED IN THE SAME MANNER AS PROVIDED GENERALLY FOR REGULAR OR SPECIAL CITY ELECTIONS IN THIS CHARTER. (b) Ballots. The-bal let-upon-which-such-preposed-erd4RaRee-er reselut4en-4s-submitted-shall-state-brief ly-its-nature-and-shall eentain---the--words=--"Fer--the--Ardinanee'-'--and--"Aga4Rst--the Ard4Ranee-''-or-"Fer-the-ReselutieR'-'-and-'-'Against-the-ReselatieR:'-' UPON ORDERING AN ELECTION ON ANY INITIATIVE OR REFERENDUM MEASURE, THE CITY COUNCIL SHALL, AFTER PUBLIC HEARING, ADOPT BY RESOLUTION A BALLOT TITLE AND SUBMISSION CLAUSE FOR EACH MEASURE. THE SUBMISSION CLAUSE SHALL BE BRIEF, SHALL NOT CONFLICT WITH THOSE SELECTED FOR ANY PETITION PREVIOUSLY FILED FOR THE SAME ELECTION, AND SHALL UNAMBIGUOUSLY STATE THE PRINCIPLE OF THE PROVISION SOUGHT TO BE ADDED. THE OFFICIAL BALLOT USED WHEN VOTING UPON EACH PROPOSED OR REFERRED MEASURE SHALL HAVE PRINTED ON IT THE BALLOT TITLE AND SUBMISSION CLAUSE AND SHALL CONTAIN THE WORDS, "FOR THE ORDINANCE" AND "AGAINST THE ORDINANCE" OR "FOR THE RESOLUTION" AND "AGAINST THE RESOLUTION". -14- (c) Publication; notice of election (1) Initiative. An initiated erdinanee--er--reselutien MEASURE BEING CONSIDERED FOR ADOPTION BY COUNCIL shall be published in like manner as other proposed ordinances and resolutions. IF THE INITIATED MEASURE IS SUBMITTED TO A VOTE OF THE PEOPLE, THE CITY CLERK SHALL PUBLISH A NOTICE OF ELECTION IN CONFORMITY WITH THE MUNICIPAL ELECTION CODE, TOGETHER WITH THE BALLOT TITLE, SUBMISSION CLAUSE AND FULL TEXT OF THE PROPOSED ORDINANCE OR RESOLUTION, ONCE AT LEAST TEN DAYS BEFORE THE ELECTION, IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE CITY . THE TEXT OF A SUCCESSFUL INITIATIVE MEASURE NEED NOT BE PUBLISHED IN FULL AFTER THE ELECTION. (2) Referendum. IF THE REFERRED MEASURE IS TO BE SUBMITTED TO A VOTE OF THE PEOPLE, THE CITY CLERK SHALL PUBLISH A NOTICE OF ELECTION IN CONFORMITY WITH THE MUNICIPAL ELECTION CODE, TOGETHER WITH THE BALLOT TITLE, SUBMISSION CLAUSE AND FULL TEXT OF THE REFERRED ORDINANCE, ONCE AT LEAST TEN DAYS BEFORE THE ELECTION, IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE CITY. IF THE ORDINANCE IN QUESTION IS A BOND ORDINANCE, THE SUMMARY FROM THE PETITION MAY BE PUBLISHED IN PLACE OF THE FULL TEXT. THE FULL TEXT OF AN ORDINANCE PASSED ON REFERENDUM NEED NOT BE PUBLISHED AFTER THE ELECTION. (d) Election results. If-a-majerity-e€-the-qualified-eleeters vetieg--thereen--shall--yete--ie--faver;--the--same--shall--thereupen without-€urther-publieatien-beeeme-en-erdinanee-er-reselutien-e€ the-eity: IF A MAJORITY OF THE REGISTERED ELECTORS VOTING ON THE INITIATED MEASURE VOTE IN FAVOR, THE MEASURE IS ADOPTED AS AN ORDINANCE OR RESOLUTION OF THE CITY UPON CERTIFICATION OF THE ELECTION RESULTS. Sueh-�rdinanee--shall-4hen--ge--into--effeet without--further--publieatien--if--a--majerity-�€--the--quali€ied eleeters-voting-thereon-vote-4n-#aver-thereof 7 IF A MAJORITY OF THE REGISTERED ELECTORS VOTING ON A REFERRED ORDINANCE, VOTE IN FAVOR OF THE ORDINANCE, THE ORDINANCE SHALL GO INTO EFFECT WITHOUT FURTHER PUBLICATION UPON CERTIFICATION OF THE ELECTION RESULTS, OR AT SUCH LATER DATE AS MAY BE SET FORTH IN THE ORDINANCE ITSELF. If the provisions of two or more proposed erdimanees OR REFERRED MEASURES adopted or approved at the same election conflict, the erdinanee MEASURE receiving the highest affirmative vote shall become effective. (e) Frequency of elections. Any number of proposed ordinances or resolutions OR REFERRED ORDINANCES may be submitted at the same election. Not more than one (1) special election under-this article ON CITIZEN-INITIATED MEASURES shall be held in any twelve months previded-that-the-eeuneil. THIS LIMITATION DOES NOT APPLY TO THE COUNCIL WHICH on its own motion may at any time call a special election for the purpose of considering an ordinance or resolution initiated, OR ADOPTED AND REFERRED, by the Council . -15- Section 6. Further regulations THE COUNCIL SHALL, BY ORDINANCE, MAKE SUCH FURTHER RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE, IF NOT INCONSISTENT WITH THIS CHARTER AND THE COLORADO CONSTITUTION. Seet4en-9:--Contr4but4eR-14m4ts: The-Cewneil-shall-aet-by-erd4nanee-to-establish-a-eeiling-4imit on-the-amewnt-that-any-person-er-entity-may-eentribute-iR-sappert ef-er-iR-eppesit4on-te-any-initiativeT-re€erendum-er-eandidate-en the-ballet-at-any-eity-eleetion Part C. Article XXI of the Charter of the City is hereby amended to add the following definition: "DAY" MEANS A CALENDAR DAY UNLESS OTHERWISE SPECIFIED. Part D. Section 8 of Article IV of the Charter of the City is hereby amended as follows: Section 8. Charter amendments. This Charter may be amended at any time in the manner provided by the laws of the State of Colorado. THE COUNCIL MAY PRESCRIBE BY ORDINANCE, UPON RECOMMENDATION OF THE CITY CLERK, A GENERAL FORM OF PETITION FOR CITIZEN-INITIATED CHARTER AMENDMENTS WHICH SHALL CONTAIN WARNINGS AND NOTICES TO SIGNERS AS NECESSARY. Part E. Capital letters indicate new or substituted language; dashes through words indicate deletions from existing provisions and such material is not a part of the final charter language. Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 3 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 3 Amendments to Articles XVII and XVIII of the Charter of the City of Fort Collins repealing existing recall , initiative and referendum procedures and replacing them with more comprehensive procedures without changing the number of signatures required for any of the processes and requiring the City Council to adopt standard forms by ordinance for recall , initiative, referendum and charter amendment petitions. FOR THE AMENDMENT AGAINST THE AMENDMENT -16- Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 1986, and to be presented for final passage on the 16th day of December, A.D. 1986. Mayor ATTEST: IAUL% City Clerk 1986. Passed and adopted on final reading this 16th day of December, A.D. Mayor ATTEST: City Clerk -17-