HomeMy WebLinkAbout088 - 08/15/2000 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS, PROPOSED AMENDMENTS TO ARTICLES IX AND X OF THE CIT ORDINANCE NO. 88, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF FORT COLLINS
PROPOSED AMENDMENTS TO ARTICLES IX AND X
OF THE CITY CHARTER, PERTAINING TO 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 Charter presently provides that the circulators of petitions for recall and for
initiative and referendum be registered electors of the City; and
WHEREAS, the United States Supreme Court has recently held that it is impermissible to
require that petition circulators be registered electors; and
WHEREAS, the Council wishes to conform the provisions of the City Charter to this
decision of the Court by eliminating the requirement that petition circulators be registered electors;
and
WHEREAS,the Council believes that it would be in the best interests of the City to further
amend the provisions of the Charter pertaining to petition circulators to require that such circulators
be at least 18 years of age; and
WHEREAS,the City Council believes that the foregoing proposed amendments should be
submitted to the registered electors of the City so that the voters may determine whether such
amendments are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article IX,Sections 2(c)and(d), and
Article X, Sections 5(c) and (d) of the City Charter shall be submitted to the registered electors of
the City as "Proposed Charter Amendment No. 1" at a special municipal election to be held in
conjunction with the Larimer County, Colorado General Election on Tuesday,November 7, 2000:
ARTICLE IX. RECALL
Section 2. Petitions.
(c) Circulation ofpetition. 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 persons eighteen(18)years of age
or older 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 eighteen(18)years of age or older;
(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.
ARTICLE X. INITIATIVE AND REFERENDUM
Section 5. Petitions.
(c) Circulation ofpetition. 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 persons eighteen(18)years of age
or older 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 ofcirculator. 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 eighteen(18) years of age or older;
(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. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 1 to the voters at said election:
CITY OF FORT COLLINS
BALLOT ISSUE
PROPOSED CHARTER AMENDMENT NO. 1
Shall Article IX, Section 2 and Article X, Section 5 of the Charter of the City of Fort
Collins, pertaining to petition circulators, be amended to eliminate the requirement
that the circulators of initiative, referendum or recall petitions be registered electors
of the city (which amendment is made necessary by a recent decision of the United
States Supreme Court that prohibits such a requirement)and should these sections be
further amended to require that the circulators of said petitions be at least 18 years of
age?
YES
NO
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000.
_ y 1. ....-.
Mayor
ATTEST:
,c a
City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk