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:
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City Clerk
Passed and adopted on final reading this 20th day of August, A.D. 2002.
Mayor . . ._
ATTEST:
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City Clerk