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HomeMy WebLinkAbout022 - 02/20/2007 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ORDINANCE NO. 022, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE VIII OF THE CITY CHARTER, PERTAINING TO THE BOARD OF ELECTIONS 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 maybe 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 VIII, Section 5 of the Charter provides for a Board of Elections consisting of the City Clerk and two registered electors appointed by the City Council; and WHEREAS,the Board of Elections is responsible for any election duties specified in the City Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance; and WHEREAS, due to the increased use of technology and the conduct of elections by mail ballot, the role of the Board of Elections has declined, and in 2005 was limited to certifying the results of the election; and WHEREAS, upon recommendation of the City Clerk, the City Council believes that certification of the results of an election would most appropriately be done by a three-person panel consisting of the City Clerk,the Chief Deputy City Clerk, and the Municipal Judge,all of whom are sworn to uphold the Constitution and the laws of the United States and the State of Colorado and the Charter and Ordinances of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII,OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article VIII, Sections 5 and 7 of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 1"at the regular municipal election to be held on Tuesday, April 3, 2007: Section 5. Board of Elections. There is hereby created a Board of Elections consisting; of the City Clerk, Chief Deputy City Clerk,and Municipal Judge. 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 Council by ordinance. Section 7. Certification of election results. 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,the Board of Elections shall complete a certificate 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. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Article VIII, Sections 5 and 7 of the Fort Collins City Charter be amended to change the composition of the Board of Elections from the City Clerk and two registered electors to the City Clerk, Chief Deputy City Clerk and Municipal Judge, and to make minor amendments regarding the Board's certification of election results? _YES NO -2- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007,and to be presented for final passage on t Oth day of February,A.D. 2007. May A,47ES City Clerk Passed and adopted on final reading on the 20th day of F ary, A.D. 2007. Mayo ATTEST: City Clerk -3-