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