HomeMy WebLinkAbout144 - 09/07/2004 - CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 2, 2004 LARIMER COU OPTION 2A
NO ACTION TAKEN
ORDINANCE NO. 144, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN CONJUNCTION WITH THE NOVEMBER 2, 2004
LARIMER COUNTY GENERAL ELECTION
WHEREAS, under Article X, Section 1 of the Charter of the City of Fort Collins, the
registered electors of the city have the power to propose a measure to the Council,and if the Council
fails to adopt a measure so proposed,then to adopt or reject such ordinance or resolution at the polls;
and
WHEREAS,an initiative petition proposing the elimination of the City's sales tax on grocery
food has been submitted to the City; and
WHEREAS, the City Clerk has certified said petition as sufficient for submission of the
initiated ordinance to a vote of the people at a special municipal election and has presented said
petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and
WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the
citizen-initiated ordinance without alteration within thirty(30)days or submit said citizen-initiated
ordinance in the form petitioned for, to the registered electors of the city; and
WHEREAS, the City Council voted unanimously on August 17, 2004 not to adopt the
initiated ordinance because of the severe impact that the measure's passage would have on the
delivery of City services to the Fort Collins community; and
WHEREAS,when a special election is requested in an initiative petition and the petition has
been certified as sufficient, and the Council declines to adopt the measure, the measure must
generally be submitted at the next special municipal election to be held within one-hundred twenty
days of the Council's consideration of the measure, unless any other regular or special city election
is to occur within said period, in which case the initiative measure must be consolidated with such
other election; and
WHEREAS,notwithstanding the foregoing general rule,Article X, Section 6(e)of the City
Charter states that not more than one special election on citizen-initiated measures shall be held in
any twelve (12) months; and
WHEREAS,since a special election on a citizen-initiated measure has been held by the City
on August 10, 2004,the above-referenced initiative petition relating to the reduction of sales tax on
grocery food must be referred to the registered electors of the city at the next regular city election
on April 5, 2005; and
WHEREAS,the above-referenced prohibition against more than one special election within
a 12-month period does not apply to Council initiated or referred measures; and
WHEREAS,the City's 2005 budget and subsequent budgets may be severely affected by the
passage of the proposed elimination of the sales tax on grocery food; and
WHEREAS,accordingly,the Council has determined that,in order to better prepare the 2005
budget, it is in the best interests of the City to place the initiated measure on the November 2,2004,
ballot as a Council-initiated measure, so the City voters will approve or deny the measure prior to
the 2005 fiscal year; and
WHEREAS, the City Council therefore wishes to call a special municipal election on
November 2, 2004, to be held in conjunction with the Larimer County General Election, for the
purpose of submitting to the electorate of the Citythe above-referenced ballot measure as a Council-
initiated measure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called
for Tuesday,November 2,2004,which shall be held in conjunction with the Larimer County General
Election and conducted in such form as shall be determined by the Larimer County Clerk and
Recorder.
Section 2. That the provisions of the Uniform Election Code of 1992 are hereby adopted
with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code
of 1965.
Section 3. That the City Clerk is hereby directed to certify the ballot content for the
Special Municipal Election to the Larimer County Clerk no later than September 8, 2004.
Section 4. That the City Manager's execution of an intergovernmental agreement with
Larimer County for conducting the election dated September 3,2004,is hereby approved and ratified
by the Council.
Section 5. That this Ordinance is expressly contingent upon the petition representatives
for the above-referenced citizen-initiated measure executing a written withdrawal of their initiative
petition in a form satisfactory to the City Attorney on or before September 17, 2004.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2004, and to be presented for final passage on the 21st day of September, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk