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HomeMy WebLinkAbout158 - 12/20/1988 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS DELETING PROVISIONS CON ORDINANCE NO. 158, 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 DELETING PROVISIONS CONCERNING COMPENSATION FOR PETITION CIRCULATORS 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. 5 Section 4(c) of Article VIII of the Charter of the City relating to nominating petitions is hereby amended to read as follows: "(c) . No person shall receive any compensation whatever for signing a nominating petition." Section 2(c) and Section 2(d) of Article IX of the Charter of the City relating to recall petitions are hereby amended to read as follows: "(c) Circulation of petition. The petition may be circulated and signed in sections with each section consisting of one (1) 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 (1) 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 signing a recall petition. (d) Affidavit of circulator. 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 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; and (8) 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." Section 4(c) and 4(d) of Article X of the Charter of the City relating to initiative and referendum petitions are hereby amended to read as follows: "(c) Circulation of petition. The petition may be circulated and signed in sections with each section consisting of one (1) 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 (1) 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 signing an initiative or referendum petition. (d) Affidavit of circulator. 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 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; and (8) 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. " Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 5 to the registered electors at said election: PROPOSED CHARTER AMENDMENT NO. 5 An Amendment to Section 4(c) of Article VIII, Sections 2(c) and 2(d) of Article IX, and Sections 4(c) and 4(d) of Article X of the City Charter, deleting prohibitions concerning compensation paid to circulators of nominating, initiative, referendum, or recall petitions. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 1988, and to be presented for final passage on the 20th day of December, Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of December, A.D. 1988. Mayor ATTEST:, City Clerk