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Home My WebLink About204 - 12/16/1986 - SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS CONCERNING FRANCHISES A r ORDINANCE NO. 204, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED CHARTER AMENDMENT TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS CONCERNING FRANCHISES AND PUBLIC UTILITIES 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 qualified electors of the City of Fort Collins; and WHEREAS, on November 4, 1986, the electors of the State of Colorado adopted an amendment to the State Constitution which permits home rule cities to grant franchises by ordinance without first having an election; and WHEREAS, the Council desires to submit certain proposed Charter amendments to the registered voters of the City at the next regular City election to be held on March 3, 1987. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The following proposed Charter amendment shall be submitted to the registered voters of the City at the next regular City election to be held on March 3, 1987: PROPOSED CHARTER AMENDMENT NO 8 Part A. Section 1 of Article XIII of the Charter of the City is hereby repealed in its entirety and reenacted as follows: Section 1. Franch4se-eleet4ens Franchise granted by ordinance. Ne--franeh4se--shall--be--granted-axeept--wpen--the--vete-a€--the taxpaying-eleeters-.--Ne--franehise-eleet#en--shall--be--held-until the-appl4eant--depes its--the--east--thereof-iv4th--the- direeter--of finanee--4n-,an--ameant--determ4ned--by--sa4d--d4reeter. THE CITY COUNCIL MAY GRANT A FRANCHISE RELATING TO ANY STREET, ALLEY, OR OTHER PUBLIC PLACE WITHIN THE CITY BY ORDINANCE, SUBJECT TO THE INITIATIVE AND REFERENDUM POWERS RESERVED TO THE ELECTORS OF THE CITY. No exclusive franchise shall ever be granted. EVERY FRANCHISE ORDINANCE SHALL REQUIRE FOR ITS ADOPTION THE CONCURRENCE OF A MAJORITY OF ALL THE MEMBERS OF THE CITY COUNCIL. . Y 1 • A FRANCHISE MAY BE AWARDED ONLY AFTER A PUBLIC HEARING ON THE APPLICATION OR PROPOSAL. THE APPLICANT FOR THE FRANCHISE SHALL PUBLISH A NOTICE OF THE HEARING IN A LOCAL NEWSPAPER OF GENERAL CIRCULATION ONCE A WEEK FOR THREE SUCCESSIVE WEEKS IMMEDIATELY PRIOR TO THE DATE OF THE HEARING. SUCH NOTICE SHALL SPECIFY THE MEETING OF THE COUNCIL AT WHICH IT IS INTENDED TO APPLY FOR THE FRANCHISE, THE NAME OF THE APPLICANT, A GENERAL DESCRIPTION OF THE RIGHTS AND PRIVILEGES TO BE APPLIED FOR, AND THE TIME FOR AND TERMS UPON WHICH THE FRANCHISE IS DESIRED. THE HEARING ON THE FRANCHISE APPLICATION SHALL NOT BE HELD UNLESS A PUBLISHER'S AFFIDAVIT OF PUBLICATION PROVING THE APPLICANT'S COMPLIANCE WITH THE NOTICE REQUIREMENTS HAS BEEN PRESENTED TO THE COUNCIL. PUBLICATION OF THE FRANCHISE ORDINANCE BY THE CITY CLERK SHALL BE IN THE SAME MANNER AS FOR OTHER PROPOSED ORDINANCES. THE PROCEDURE FOR INITIATIVE AND REFERENDUM OF AN ORDINANCE GRANTING A FRANCHISE SHALL BE AS OTHERWISE PROVIDED IN THIS CHARTER, EXCEPT THAT THE SIGNATURES REQUIRED FOR REFERENDUM SHALL BE EQUAL IN NUMBER TO FIVE PERCENT OF THE REGISTERED ELECTORS, OR TEN PERCENT OF THE TOTAL BALLOTS CAST IN THE LAST REGULAR CITY ELECTION, WHICHEVER IS LESS. IF THE FRANCHISE ORDINANCE IS REFERRED TO THE VOTE OF THE ELECTORS, THE GRANTEE OF THE FRANCHISE SHALL DEPOSIT WITH THE CITY'S FINANCIAL OFFICER AN AMOUNT DETERMINED BY SAID OFFICER TO BE SUFFICIENT TO PAY FOR THE COST OF THE ELECTION. NO FRANCHISE ELECTION SHALL BE ORDERED UNTIL THE GRANTEE DEPOSITS SUCH COSTS. Part B. In the event that Proposed Charter Amendment No. 6 concerning the administrative structure of the City is not adopted by the electors, Section 6 of Article XIII of the Charter of the City is hereby amended as follows: Section 6. City may acquire utilities. The council upon vote of the taxpaying electors shall have the power within or without the territorial limits of the City to construct, condemn and purchase, acquire, and lease water works, gas works, light plants, power plants, transportation systems, telephone systems, heating plants, and other public utilities local in use and extent, in whole or in part, and everything required therefor, for the use of the city and its inhabitants, and any such systems, plants, works, or ways, or any contracts in relation or in connection therewith which may exist and which the City may desire to acquire or purchase, in whole or in part, the same or any part thereof may be purchased by the City. AN ELECTION IS NOT REQUIRED FOR THE PURCHASE OF A PORTION OF A UTILITY SYSTEM WHICH IS INCLUDED IN AN AREA BEING ANNEXED TO THE CITY AND WHICH IS NOT THE SUBJECT OF AN EXISTING CITY FRANCHISE. Such public utilities acquired by the City, except water works and transportation systems, shall not be paid for out of general -2- taxes or general obligation bonds, but shall be paid for from revenue derived from the public utility. Equipment necessary for transportation system may be acquired from the funds of the equipment fund of the city. Every grant, extension, or renewal of a PUBLIC UTILITY franchise or right shall provide that the City may, upon the VOTE OF THE ELECTORS AND THE payment therefor of its fair valuation, purchase and take over the property and plant of the grantee in whole or in part. Such valuation shall be made as provided in the grant, but shall not include any value of the franchise or right-of-way through the streets or any earning power of such property. Part C. Section 10 of Article XIII of the Charter of the City is hereby amended as follows: Section 10. Revocable permits. The Council may grant a permit at any time for the temporary use or occupation of any street, alley, or public place. prov€ded Such permit shall be revocable by the Council at its pleasure, whether OR NOT such right to revoke be IS expressly reserved in such permit. or-net: Part D. Section 15 of Article XIII of the Charter of the City is hereby amended as follows: Section 15. Common use of facilities. The City may by ordinance require any person or corporation holding a franchise from the City for any public utility to allow the use of any of its poles, tracks, wires, conduits, and other related facilities by any other person or corporation to which the City shall grants a franchise upon the payment of a reasonable rental to the owner therefor. If the person or corporation desiring to use the same cannot agree with the owner regarding said rental and the terms and conditions for such use, within sixty days from offering in writing to do so, the Council after a fair hearing, shall by resolution fix the terms and conditions of such use and compensation to be paid therefor, which award of the Council shall be final and binding on the parties concerned. Part E. Capital letters indicate new or substituted language; dashes through words indicate deletions from existing provisions and such material is not a part of the final charter language. Section 2. The following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 8 to the voters at said election: -3- PROPOSED CHARTER AMENDMENT NO. 8 Amendments to the Charter of the City of Fort Collins to provide for the granting of franchises by ordinance, subject to the initiative and referendum, rather than by mandatory election on each application; and to enact certain housekeeping changes, including clarifying that an election is not required for the purchase of a portion of a utility system in the case of annexation of the area served by the utility system; and to provide that all "registered electors" rather than only "taxpaying electors" may vote in elections considering acquisition or construction of public utility facilities. FOR THE AMENDMENT AGAINST THE AMENDMENT Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 1986, and to be presented for final passage on the 16th day of December, A.D. 1986. Mayor ATTEST: t City C erk Passed and adopted on final reading this 16th day of December, A.D. 1986. Mayoe ATTEST: City Clerk �— -4-