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HomeMy WebLinkAbout126 - 08/17/1999 - SUBMITTING A CHARTER AMENDMENT TO THE VOTERS PERTAINING TO PETITION CIRCULATORS ORDINANCE NO. 126, 1999 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,because such a requirement infringes upon the constitutional rights of other citizens to influence the electoral process; and WHEREAS, the Council wishes to conform the provisions of the City Charter to this decision of the Court by eliminating the requirements that petition circulators be registered electors; 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 Coordinated Election on Tuesday, November 2, 1999: 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. 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 he or she personally circulated the section; (3) that each signature was affixed in the circulator's presence; (4) 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; (5) 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; (6) that each signer had an opportunity before signing to read the full text of the petition; and (7) 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. -2- 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. 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 he or she personally circulated the section; (3) that each signature was affixed in the circulator's presence; (4) 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; (5) 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; (6) that each signer had an opportunity before signing to read the full text of the petition; and (7) 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: -3- CITY OF FORT COLLINS BALLOT ISSUE 2_ PROPOSED CHARTER AMENDMENT NO. I Amendments to Article IX, Section 2 and Article X, Section 5 of the Charter of the City of Fort Collins pertaining to petition circulators, which amendments would eliminate the requirement that the circulators of initiative, referendum or recall petitions be registered electors of the city. YES NO Introduced, considered favorably on first reading, and ordered published this 3rd day of August, A.D. 1999, and to be presented for final passage on the 17th day of August, A.D. 1999. Mayor TTEST: City Clerk Passed and adopted on final reading this 17th day of August, A.D. 1999. wF+y Mayor ATTEST: City Clerk -4-