Loading...
HomeMy WebLinkAbout011 - 02/04/1997 - SUBMITTING CHARTER AMENDMENT NO. 4 TO THE APRIL 8, 1997 ELECTION ORDINANCE NO. 11, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING PROPOSED AMENDMENTS TO ARTICLES VIII, IX, AND X OF THE CITY CHARTER, PERTAINING TO ELECTIONS, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS 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, on November 21, 1995, the City Council adopted Resolution 95-161 creating a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a comprehensive review of the City Charter and to recommend any amendments thereto that the Committee believed to be in the best interests of the City; and WHEREAS, after conducting such review, the Committee has recommended certain amendments to Articles VIII, IX and X of the City Charter, pertaining to the conduct of municipal elections; and WHEREAS,the City Council believes that the foregoing proposed amendments,as modified by the City Council, 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 TI IE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Articles VIII, IX and X of the City Charter shall be submitted to the registered voters of the City as"Proposed Charter Amendment No. 4" at the next regular municipal election to be held on April 8, 1997: (a) That Article VIII, Sections 2 - 16, of the City Charter be amended to read as follows: ARTICLE VIIL ELECTIONS Section 2. City elections. A regular city election shall be held on the first Tuesday after the first Monday in April of odd-numbered years. Special city elections shall be called by ordinance and shall be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto. All municipal elections shall be nonpartisan. Section 3. Nomination; withdrawal from nomination. Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty-five (25) registered electors. A nominating petition for District Council office shall be signed by not less than twenty-five(25)registered electors residing in that District. A registered elector may sign one petition for each office for which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said elector's signature shall be void as to all petitions which the elector signed. Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for municipal office. Such time frame shall not be changed within one(1) year immediately prior to the election. No nominating petition shall be accepted unless the candidate completes a verified acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any political party, and that he or she meets the qualifications for office, and will serve if elected. A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall be placed upon the ballot. Section 4. Petitions. (a) Form; circulation. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, the form for a nominating petition which shall include such warnings and notices to signers as may be deemed appropriate by the Council,as well as the candidate's verified acceptance of nomination. The signatures on a nominating petition need not all be subscribed on one (1) page, but to each separate section of the petition there shall be attached a signed statement of the circulator thereof, stating the number of signers on that section of the petition, and that each signature thereon was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. When executed,such statement shall be accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall be disregarded. Following each signature on the petition of nomination shall be written the printed name and the residence address of the signer,and the date of signing. All nominating papers comprising a petition shall be filed as one (1) instrument. 2 (b) Sufficiency of petition. The City Clerk shall make a record of the exact date and time at which each nominating petition is filed and shall record the names and mailing addresses of the circulators and the candidate. The City Clerk shall forthwith examine all petitions submitted, and within five (5) days after the filing of a nominating petition, notify the candidate and the circulators, with a statement certifying the results of the examination, specifying the particulars of insufficiency, if any. If a petition is found to be signed by fewer persons than the number certified by the circulator, the signatures shall be accepted unless void on other grounds. If a petition is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. Within the regular time for filing petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by the City Clerk until the expiration of the terms of office for such person. (c) No person shall receive any compensation whatever for signing a nominating petition. Section 5. Board of Elections. There is hereby created a Board of Elections consisting of the City Clerk and two (2) registered electors appointed by the Council. The Board shall be responsible for any election duties specified in this Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance. Board members may receive such compensation as may be determined by the Council. Section 6. Certification of election results. The Board of Elections shall meet on the third day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, shall file a certificate with the City Clerk declaring the results of the election. The candidate receiving the highest number of votes for a particular office shall be declared elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election,the candidate with the next highest vote shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. If there is no other elected successor who qualifies,the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the Council, as provided in Article II, Section 18. 3 Section 7. Campaign contributions. The Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any city election. No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. Section 8. Corrupt practices. Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shall, upon conviction thereof, be disqualified from holding any city position or employment for two (2)years, or any elective city office for four (4) years. Section 9. Validity of elections. No city election shall be invalidated if it has been conducted fairly and in substantial conformity with the requirements of this Charter. Section 10. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. (b) That Article IX, Sections I - 4, of the City Charter be amended to read as follows: ARTICLE IX. RECALL Section 1. The recall. (a) Power. Any elective officer of the city may be recalled from office, through the procedure and in the manner provided herein, by the registered electors entitled to vote for a successor of such incumbent officer. For purposes of this Article, in the case of recall of the Mayor, the words "registered elector" shall be construed to mean persons residing within the city who are registered to vote as of the date they signed the petition for recall. For purposes of this Article, in the case of a proposed recall of District Council representatives,the words "registered elector" 4 shall be construed to mean persons who are registered to vote within the particular affected Council District of the city as of the date they signed the petition for recall of the District Council representative. No recall petition shall be circulated or filed against any officer until the officer has actually held office for at least one (1) year in the officer's current term, nor within six (6) months of the end of such term. The procedure to effect a recall shall be as provided in this Article. (b) Commencementofproceedings; affidavit. One(1) or more registered electors may commence recall proceedings by filing with the City Clerk an affidavit of not more than two hundred (200) words stating the reasons for the recall of the officer sought to be removed. A separate affidavit shall be filed for each officer sought to be recalled. Within forty-eight (48) hours after the filing of the affidavit, the City Clerk shall mail a copy by certified mail to the affected officer. Within five (5) days after the date of the City Clerk's mailing, the affected officer may file with the City Clerk a sworn statement of not more than three hundred (300) words in defense of the charges. The affidavit and the response are intended for the information of the registered electors, who shall be the sole and exclusive judges of the sufficiency of the ground or grounds assigned for the recall, and said ground or grounds shall not be open to judicial review. Upon the filing of the statement in defense, or after the expiration of the time allowed for such filing when no statement is filed, the City Clerk shall approve the form of the petition for recall of the officer in accordance with Section 2(b) of this Article. The petition shall be circulated, signed, verified and filed in the manner provided in Section 2 of this Article. (c) Call of election. A recall election shall be for the dual purposes of voting on the recall of the officer sought to be removed and the election of a successor. Upon the City Clerk's presentation of a petition certified sufficient for recall, the Council shall set a date for the election which shall be held on a Tuesday not less than forty-five (45) nor more than ninety (90) days from the date of presentation of the certified petition to Council. However, if any other city election is to occur within ninety (90) days from the presentation of the certified petition to Council, the recall election shall be postponed and consolidated with such other city election. The order setting a date for the recall election shall not become effective until five (5) days from the presentation of the certified petition to Council. If the officer resigns within the five-day period,the vacancy may be filled by appointment. If a vacancy occurs in the affected office after the effective date of the order, the election to fill the vacancy shall nevertheless proceed. (d) Disqualification for office. No person who has been recalled or has resigned after the City Clerk's presentation to Council of a certified, sufficient petition for recall of such person shall serve the city in any elected or appointed capacity within two (2) years after such removal or resignation. 5 Section 2. Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each officer sought to be recalled. (b) Form and content. (1) Approval ofform. No petition shall be circulated until the City Clerk has approved the form for circulation. The City Clerk shall first determine that the petition form contains only the matters required by this Article. The Council shall prescribe by ordinance, upon recommendation of the City Clerk,a general form of petition which shall contain warnings and notices to signers as necessary. The City Clerk's approval under this Section shall not constitute an approval of the content of the petition,but rather, shall start the running of the time periods provided for circulation and filing of petitions for recall. (2) Statement of purpose. The petition shall be addressed to Council and shall contain or have attached to each section throughout its circulation a copy of the charges set forth in the affidavit on file with the City Clerk, and if requested by the person sought to be recalled, a copy of the statement in defense. (3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign his or her name more than once for the recall of the same incumbent. (c) Circulation of petition. 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 registered electors 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. 6 (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 a registered elector; (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. (e) Number of signatures required (1) First recall attempt. The petition must be signed by registered electors equal in number to at least twenty-five(25) percent of the entire vote cast at the last preceding regular city election for all candidates for the office, to which the incumbent sought to be recalled was elected as one of the officers thereof, said entire vote being divided by the number of all officers elected to such office at said election. (2) Subsequent recall attempts. After one (1) recall petition and election,a recall petition filed against the same officer during the same term for which elected must be signed by registered electors equal in number to at least fifty (50) percent of the entire vote cast at the last preceding regular city election for all candidates for the office to which the incumbent sought to be recalled was elected as one of the officers thereof, said entire vote being divided by the number of all officers elected to such office at said election. 7 (f) Place offiling, time limits. Petitions for recall shall be filed with the City Clerk within thirty(30) days of the City Clerk's approval of the form for circulation. Each petition shall designate by name and address not less than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all matters affecting the petition, and shall be endorsed by such persons. (g) Sufficiency ofpetition, amendment. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. Registered electors desiring to protest the sufficiency of a petition may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. The reasons assigned for recall may not be protested. Upon the filing of a written protest, the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days before the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All records and hearings shall be before the City Clerk who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. In case the petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be withdrawn and amended within fifteen(15) days from the filing of the City Clerk's certificate of insufficiency. The City Clerk shall, within five (5) days after such amendment, examine the amended petition and the registration books and certify the result. If the petition is still insufficient, or if no amendment is made, the City Clerk shall return it to one (1)of the designated petition representatives without prejudice to the filing of a new petition for the same purpose. When and if a petition or amended petition is deemed sufficient, whether following the initial sufficiency determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so certify and present 8 the certified petition to the Council at the next regularly scheduled meeting. The City Clerk's certificate shall then be a final determination as to the sufficiency of the petition. Section 3. Elections. (a) Generally. Elections on recall shall be conducted in the same manner as provided generally for regular or special city elections in this Charter. All Charter provisions related to nomination and qualification of candidates shall apply to recall elections. (b) Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by nominating petition as required in Article VIII of this Charter The deadline for filing a nominating petition for a recall election shall be as established by ordinance of the Council. If more than one (1) officer is sought to be recalled,then the nominating petition must specify which incumbent the candidate seeks to succeed. The name of the person against whom the recall petition is filed shall not appear on the ballot as a candidate for the office. (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of( )?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall and "No" indicating a vote against such recall On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. The following instruction shall be effective in counting votes and shall appear on the ballot: No vote cast shall be counted for any candidate for such office, unless the voter also voted for or against the recall of the person sought to be recalled from the office. (d) Election results. If a majority of those voting on the question of the recall of any incumbent from office votes "No." the incumbent continues in office. If a majority votes "Yes" for the incumbent's removal, the incumbent shall thereupon be deemed removed from his or her office upon the taking of the oath of office by his or her successor. If the officer is recalled,the candidate for succession receiving the highest number of votes at the election shall be declared elected for the remainder of the incumbent's term. The candidate elected shall take office upon taking the oath of office, which shall occur as the first order of business at the next regular or special Council meeting. In case the candidate elected fails to qualify within sixty(60) days after the issuance of a certificate of election, the candidate with the next highest vote shall be elected, and if there is no other elected successor who qualifies, the office 9 shall be deemed vacant,and shall be filled by appointment by the remaining members of the Council, as provided in Article I1, Section 18. Section 4. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. (c) That Article X, Sections 1 - 7, of the City Charter be amended to read as follows: ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (a) Power. The registered electors of the city shall have the power at their option to propose ordinances or resolutions to the Council, and, if the Council fails to adopt a measure so proposed,to adopt or reject such ordinance or resolution at the polls. The procedure for initiative shall be as provided in this Article. (b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition. . The notice commencing proceedings shall contain the full text of the proposed ordinance or resolution and shall state whether a special election is requested. After such notice has been filed, the City Clerk shall approve the petition for circulation in accordance with Section 4(b) of this Article. The petition shall be circulated, signed,verified, and filed in the manner prescribed in Section 4 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election, except when a special election is requested by the petitioners, the petition must be signed by registered electors equal in number to at least fifteen (15) percent of the total ballots cast in the last regular city election. (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 requests a special election in conjunction with a Latimer 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 10 provisions of the Colorado Revised Statutes governing the conduct of such elections, 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 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 refer 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. (a) Power. The registered electors of the city shall have the power at their option to approve or reject at the polls, any ordinance adopted by the Council, except ordinances making the annual property tax levy, making the annual appropriation, calling a special election, or ordering improvements initiated by petition and to be paid for by special assessments. (b) Commencement ofproceedings. One (1) or more registered electors may commence referendum proceedings by filing with the City Clerk within ten (10) days after final passage of the ordinance in question, a notice of protest against the going into effect of the ordinance. The notice shall be brief and need not state any reasons, but shall identify the ordinance or part thereof, or code section it proposes to have repealed. Not later than ten (10) days after the filing of the notice, the proponents shall present to the City Clerk the final form for the referendum petition conforming to the requirements of the Article. If the notice and petition form are timely presented, the City Clerk shall approve the petition form for circulation, in accordance with Section 4(b)of this Article. The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section 4 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election. (d) Petition deadlines. The referendum petition shall be filed within twenty (20) days after the City Clerk's approval of the petition for circulation. If a completed petition is not subsequently filed within the requisite time after the City 11 Clerk's approval of the petition for circulation,the referendum effort is null and void and the petition shall not be circulated further. (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 submit 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 3. Council use of initiative and referendum. The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or resolution, to the vote of the people at a regular or special election in the same manner and with the same force and effect as is provided for citizen initiated and referred measures. Section 4. Repeal or amendment of initiated measure. An initiated measure submitted to the registered electors of the city by the City Council, with or without a petition therefor, and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote. This provision shall not apply to ordinances or resolutions adopted by the City Council and referred to the voters. Section 5. Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be initiated or referred to the vote of the electors. (b) Form and content. (1) Approval of form for circulation. No petition shall be circulated until the City Clerk has approved the form for circulation. The City Clerk shall first determine that the petition form contains only the matters required by this Article. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form of petition which shall contain warnings and notices to signers as 12 necessary. The City Clerk's approval under this Section shall not constitute an approval of the content of the petition, but rather, shall start the running of the time periods provided for circulation and filing of petitions. (2) Petition content. The petition shall be addressed to Council. a. Initiative. The petition shall contain or have attached to each section throughout its circulation the full text of the proposed ordinance or resolution and shall contain a general statement of purpose fairly and accurately summarizing the proposed ordinance or resolution, indicating that the petition is to be circulated in support of the initiated ordinance or resolution and specifying whether a special election is requested. b. Referendum. The petition shall contain or have attached to each section throughout its circulation the full text of the ordinance sought to be referred, clearly identifying the protested portions if only a partial repeal is sought. In the case of bond ordinances, the full text of the ordinance need not be set forth but the petition shall contain or have attached to each section throughout its circulation the title and summary of the ordinance in question as prepared by the City Clerk. (3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign an initiative or referendum petition more than once In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures shall be subject to invalidation by the City Clerk. (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 registered electors 13 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 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 a registered elector; (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. (e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk within the requisite time limits or they will be deemed null and void. Each petition shall designate by name and address not less than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all matters affecting the petition. (f) Sufficiency ofpetition. (1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith 14 notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. (2) Insufficient petition; amendment. In case an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings,it may be withdrawn and amended within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. A referendum petition may be withdrawn and amended but to be considered must be refiled within the twenty-day period after the City Clerk's approval of the petition form for circulation. Within five (5) days after such amendment,the City Clerk shall make like examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the City Clerk shall return the petition to one (1) of the designated petition representatives. In the case of an initiative petition, the return of the petition is without prejudice to the filing of a new petition for the same purpose. However, a returned referendum petition is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. Registered electors desiring to protest the sufficiency of a petition may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest,the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. A petition for referendum which 15 has been deemed insufficient after protest may not be amended or circulated further. (4) Certification and presentation to Council. When and if a petition or amended petition is deemed sufficient, whether following the sufficiency determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so certify and present the certified petition to the Council at the next regularly scheduled meeting. The City Clerk's certificate shall then be a final determination as to the sufficiency of the petition. Section 6. Elections. (a) Generally. Elections on initiative and referendum measures shall be conducted in the same manner as provided generally for regular or special city elections in this Charter. (b) Ballots. Upon ordering an election on any initiative or referendum measure,the City Council shall, after public hearing, adopt by resolution a ballot title and submission clause for each measure. The ballot title shall contain information identifying the measure as a city initiated or citizen initiated measure. The submission clause shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall unambiguously state the principle of the provision sought to be added. The official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, "Yes"and "No" in response to a ballot question, or "For the Ordinance" and "Against the Ordinance" or "For the Resolution" and "Against the Resolution." (c) Publication; notice of election. (1) Initiative. An initiated measure being considered for adoption by Council shall be published in like manner as other proposed ordinances and resolutions. If the initiated measure is submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the proposed ordinance or resolution. The text of a successful initiative measure need not be published in full after the election. 16 (2) Referendum. If the referred measure is to be submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the referred ordinance. If the ordinance in question is a bond ordinance, the summary from the petition may be published in place of the full text. The full text of an ordinance passed on referendum need not be published after the election. (d) Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a majority of the registered electors voting on a referred ordinance, vote in favor of the ordinance, the ordinance shall go into effect without further publication upon certification of the election results, or at such later date as may be set forth in the ordinance itself. If the provisions of two (2) or more proposed or referred measures adopted or approved at the same election conflict, the measure receiving the highest affirmative vote shall become effective. (e) Frequency of elections. Any number of proposed ordinances or resolutions or referred ordinances may be submitted at the same election. Not more than one(1) speciai electon on citizen-initiated measures shall be held in anitxvEwe (12) months. This limitation does not apply to the Council which on its own motion may at any time call a special election for the purpose of considering any measure initiated, or adopted and referred, by the Council. Section 7. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at said election: 17 PROPOSED CHARTER AMENDMENT NO. 4 AMENDMENTS TO ARTICLES VIII,IX AND X OF THE CITY CHARTER SPECIFYING THAT SPECIAL CITY ELECTIONS SHALL BE CALLED BY ORDINANCE; STATING THAT THE COUNCIL SHALL ENACT AN ORDINANCE SPECIFYING THE TIME FRAME FOR CIRCULATION AND SUBMITTAL OF NOMINATING PETITIONS FOR COUNCILMEMBERS,AS WELL AS THE DEADLINE FOR A CANDIDATE'S WITHDRAWAL FROM CANDIDACY; ELIMINATING CERTAIN PROVISIONS RELATING TO THE CONDUCT OF ELECTIONS,SO THAT SUCH SUBJECTS WILL BE GOVERNED BY STATE STATUTE RATHER THAN THE CITY CHARTER; ADDING A PROVISION TO ALLOW THE CITY COUNCIL TO ESTABLISH THE DUTIES OF THE BOARD OF ELECTIONS BY ORDINANCE,EXCEPT TO THE EXTENT THAT SUCH DUTIES ARE CONTAINED IN THE CHARTER;ESTABLISHING A METHOD FOR CERTIFYING ELECTION RESULTS FOR CANDIDATE ELECTIONS; STATING THAT THE DEADLINE FOR FILING A NOMINATING PETITION FOR A RECALL ELECTION SHALL BE AS ESTABLISHED BY COUNCIL ORDINANCE AND CLARIFYING WHEN A CANDIDATE ELECTED AT A RECALL ELECTION TAKES OFFICE;REARRANGING AND REWORDING CERTAIN PROVISIONS PERTAINING TO INITIATIVE AND REFERENDUM; REQUIRING THAT THE NOTICE COMMENCING INITIATIVE PROCEEDINGS STATE WHETHER A SPECIAL ELECTION IS REQUESTED AND ALLOWING THE COUNCIL ONE HUNDRED TWENTY (120) DAYS, RATHER THAN NINETY(90)DAYS AFTER THE PRESENTATION OF A CERTIFIED PETITION,TO CALL SUCH A SPECIAL ELECTION; ALLOWING THE COUNCIL, OF ITS OWN INITIATIVE,TO SUBMIT ANY"QUESTION", AS WELL AS ANY PROPOSED ORDINANCE OR RESOLUTION TO THE VOTERS; REQUIRING THAT INITIATIVE PETITIONS CONTAIN A GENERAL STATEMENT OF PURPOSE AND SPECIFY WHETHER A -- - SPECIAL ELECTION IS REQUESTED;REQUIRING THAT PETITION REPRESENTATIVES BE REGISTERED ELECTORS; REQUIRING THAT'BALLOT TITLES FOR INITIATIVE AND REFERENDUM MEASURES IDENTIFY SUCH MEASURES AS CITY-INITIATED OR CITIZEN-INITIATED; PERMITTING THE CITY COUNCIL TO MODIFY, WITHOUT VOTER APPROVAL, PREVIOUSLY ADOPTED ORDINANCES OR RESOLUTIONS OF THE COUNCIL THAT HAVE BEEN REFERRED TO,AND APPROVED BY,THE VOTERS; AND PRESCRIBING THE FORM OF THE BALLOT FOR BALLOT QUESTIONS. YES NO 18 Introduced, considered favorably on first reading, and ordere blished this 21 st day of January, A.D. 1997, and to be presented for final passage on th th d of February, . t997. i avor ATTEST- City Clerk Passed and adopted on final reading this 4th day of Wuary, A.D. 1997. ayor ATTEST: City Clerk 19