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HomeMy WebLinkAbout156 - 12/20/1988 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS CONCERNING SIGNATURE RE ORDINANCE NO. 156, 1988 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 SIGNATURE REQUIREMENTS FOR INITIATIVE AND REFERENDUM PETITIONS 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 registered 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 7, 1989. 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 7, 1989: PROPOSED CHARTER AMENDMENT NO. 3 Section 1(c) of Article X of the City Charter is hereby amended to read as follows: "(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 (30) days or refer such proposed measure in the form petitioned for, to the registered 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 requisite number of registered electors, as provided in Section 4(e) of this Article, the Council shall instead call a special election to be held on a Tuesday within ninety (90) 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 4(e) of Article X of the City Charter is hereby amended to read as follows: " (e) Number of signatures required. (1) Initiative. The petition must be signed by registered electors of the city equal in number to at least five (5) percent of the total number of registered electors for the last preceding regular city election. (2) Referendum. The petition must be signed by registered electors of the city equal in number to at least five (5) percent of the total number of registered electors for the last preceding regular city election." Section 1 of Article XI of the City Charter is hereby amended to read as follows: "Section 1 . Franchise granted by ordinance. The City Council may grant a franchise relating to any street, alley, or other public place within the city by ordinance, subject to the initiative and referendum powers reserved to the electors of the city. No exclusive franchise shall ever be granted. Every franchise ordinance shall require for its adoption the concurrence of a majority of all the members of the City Council . A franchise may be awarded only after a public hearing on the application or proposal . The applicant for the franchise shall publish a notice of the hearing in a local newspaper of general circulation once a week for three (3) successive weeks immediately prior to the date of the hearing. Such notice shall specify the meeting of the Council at which it is intended to apply for the franchise, the name of the applicant, a general description of the rights and privileges to be applied for, and the time for and terms upon which the franchise is desired. The hearing on the franchise application shall not be held unless a publisher's affidavit of publication proving the applicant' s compliance with the notice requirements has been presented to the Council . Publication of the franchise ordinance by the City Clerk shall be in the same manner as for other proposed ordinances. The procedure for initiative and referendum of an ordinance granting a franchise shall be as provided in Article X of this Charter. If the franchise ordinance is referred to the vote of the electors, the grantee of the franchise shall deposit with the city's Financial Officer an amount determined by said Officer to be sufficient to pay for the cost of the election. No franchise election shall be ordered until the grantee deposits such costs." Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 3 to the registered electors at said election: PROPOSED CHARTER AMENDMENT NO. 3 An Amendment to Section l(c) and Section 4(e) of Article X and Section 1 of Article XI of the City Charter, to require an initiative petition to be signed by registered City electors equal in number to at least five (5) percent of the total number of registered electors for the last preceding regular City election to place the initiative on a regular election ballot or special election ballot, to require a referendum petition to be signed by registered City electors equal in number to at least five (5) percent of the total number of registered electors for the last regular City election, and to conform the initiative and referendum procedure for franchise ordinances to the provisions of Article X. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 198 an o be presented for final passage on the 20th day of December, A. 19 Maydr— L TTEST: t City Clerk Passed and adopted on final reading this 20th da of December, A.D. 1988. Mayor TTEST: a u City Clerk