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HomeMy WebLinkAbout127 - 08/17/1999 - SUBMITTING A CHARTER AMENDMENT TO THE VOTERS PERTAINING TO INITIATIVE AND REFERENDUM ORDINANCE NO. l 27, 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 ARTICLE X OF THE CITY CHARTER, PERTAINING TO INITIATIVE AND REFERENDUM 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, Article X, Section 1(e) of the Charter incorrectly uses the term "refer" with regard to placing an initiative on the ballot; and WHEREAS, Article X, Section 2(e) of the Charter incorrectly uses the term "submit" with regard to placing a referendum on the ballot; and WHEREAS, City staff has proposed certain amendments to Article X of the Charter so as to correct the above referenced usage of the terms "refer" and "submit"; 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 X, Section I(e) and Section 2(e) shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 2" at a special municipal election to be held in conjunction with the Larimer County, Colorado Coordinated Election on Tuesday, November 2, 1999: ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (e) Action by Council. Upon presentation of an initiative petition certified as to sufficiency by the City Clerk as hereinafter provided,the Council shall either adopt the proposed ordinance or resolution without alteration within thirty (30) days or submit such proposed measure in the form petitioned for, to the registered electors of the city at the next regular city election. If the petition requests a special election and is signed by the requisite number of registered electors, the Council shall call a special election to be held on a Tuesday within one hundred twenty(120)days of the presentation of the certified petition to Council. unless any other regular or special city election is to occur within said period,in which case the initiative measures shall be consolidated with such other 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. The referendum. (e) Action by Council. The presentation to Council of a petition certified by the City Clerk as sufficient for referendum shall automatically suspend the operation of the ordinance in question pending repeal by Council or final determination by the electors. The Council shall reconsider the ordinance at the next regular or special meeting of the Council following the receipt of the petition by the City Clerk. If the ordinance,or that part sought to be repealed, is not repealed,the Council shall refer the same to a vote of the registered electors at the next regular or special city election scheduled for any other purpose. Alternatively, the Council may call a special election for that specific purpose. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: CITY OF FORT COLLINS BALLOT ISSUE 2_ PROPOSED CHARTER AMENDMENT NO. 2 Amendments to Article X, Sections 1 and 2 of the Charter of the City of Fort Collins pertaining to initiative and referendum, which amendments would change the usage of the terms "refer" and "submit" so as to provide that initiated measures shall be "submitted"to the voters and referred measures shall be "referred" to the voters. 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 ATTEST: City Clerk Passed and adopted on final reading this 17th day of August, A.D. 1999. Orr Mayor _ TTEST: City Clerk