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HomeMy WebLinkAbout101 - 08/20/2002 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO A ORDINANCE NO. 101, 2002 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 ARTICLE X OF THE CITY CHARTER, PERTAINING TO INITIATIVE AND REFERENDUM WHEREAS,Article XIV,Section 8 of the Charter of the City of Fort Collins(the"Charter") 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, Article X, Section 1(e) of the Charter provides that, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the proposed ordinance or resolution without alteration within 30 days,or submit such proposed measure in the form petitioned for, to the registered electors of the city; and WHEREAS,if an initiated measure requires a vote of the people under Article X Section 20 of the Colorado Constitution before being enacted, the City Council cannot adopt such ordinance without an election; and WHEREAS, the City Council believes that Article X, Sections 1(d) and (e) of the Charter should be amended to reflect more accurately the alternatives available to the Council when presented with an initiative petition certified as sufficient by the City Clerk that proposes a measure requiring voter approval in advance under Article X, Section 20 of the Colorado Constitution; and WHEREAS,the Council wishes to submit a proposed Charter amendment to the registered electors 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 amendments to Article X Sections 1(d) and (e) 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 General Election on Tuesday, November 5, 2002: ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (d) Petition deadlines. The initiative petition shall be filed no more than sixty (60)days after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least sixty (60) days prior to the next regular city election. If the petition request a special election in conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such elections, and,if applicable,with Article X,Section 20 of the Colorado Constitution,and shall advise the petition representatives in writing as to the submittal deadline. (e) Action by Council. Upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council shall either (1) adopt the proposed ordinance or resolution without alteration within thirty(30)days,or(2) submit such proposed measure, in the form petitioned for, to the registered electors of the city; provided,however,that if the proposed measure requires voter approval in advance under Article X,Section 20 of the Colorado Constitution, alternative(1) above shall not be available to the Council and the proposed measure shall instead be submitted to a vote of the registered electors. If the initiative petition proposing such a measure requests a special election,the proposed measure shall be submitted to a vote of the registered electors on the first possible date permitted by Article X,Section 20 of the Colorado Constitution. If a special election is not requested, the proposed measure shall be submitted to a vote of the registered electors at the next regular city election. In the case of a proposed measure that does not require voter approval in advance under Article X, Section 20 of the Colorado Constitution, the proposed measure, if not adopted by the Council under alternative (1) above, shall be submitted to a vote of the registered electors at the next regular city election or, if the initiative petition proposing such measure requests a special election, the proposed measure shall be submitted to a vote of the registered electors at a special election to be called by the Council within one hundred twenty (120) days of the presentation of the certified petition to the Council, unless any other regular or special city election is to occur within said period, in which case the proposed measure shall be submitted at such other regular or special city 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. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Article X, Sections 1(d) and (e) of the City Charter be amended to conform to the requirements of Article X, Section 20 of the Colorado Constitution, so that any citizen initiated measure that requires voter approval in advance under Article X, Section 20 of the Colorado Constitution would have to be submitted to a vote of the registered electors of the City as required by said constitutional provision? YES NO Introduced and considered favorably on first reading,and ordered published this 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of A ust, A.D. 2002. Mayor ATTEST: �LL)pk - '�- " City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor . . ._ ATTEST: —14 r�I.L'..�� lt�,.f, .*.a I City Clerk