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HomeMy WebLinkAbout006 - 01/16/1980 - CALLING FOR AND PROVIDING FOR A SPECIAL CITY ELECTION TO BE HELD ON TUESDAY, FEBRUARY 26, 1980, AND ORDINANCE NO 6, 1980 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE CALLING FOR AND PROVIDING FOR A SPECIAL CITY ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE 26TH DAY OF FEBRUARY, 1980, AND FURTHEF PPOVIDING FOR SPECIFIED INITIATE) MEASURES AND CHARTER AhEP'OMIENTS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY AT SAID ELECTION WHEREAS, Article XVI , Section 2, of the Charter of the City of Fort Collins provides that the Council shall provide by ordinance for the manner of holding elections and such additional regulations in respect thereto as may be necessary to accomplish the intent of the Charter, and WHERFAS, the Charter further provides that where the Charter Code and State Constitution is silent with regard to an election issue, that the laws of the State of Colorado shall govern said issue, and WHEREAS, Article X, Title 31, C R S 1973, oeing the Municipal Elec- tion Code, contains various provisions relating to the holding of a special election - N04i, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That a special City election be, and the same hereby is, called as provided by law to be helo in the several precincts of the City of Fort Collin, Colorado, oil luesday, the cup , day of Februu•j, 1980 Section 2 At such election, the following citizen's initiative shall be submitted to a vote of the qualified electors of the City - "PEOPLE'S ORDINANCE NO 1 BEI14G AN ORDINANCE REOUI� ING THAT THE ONE PERCENT CITY SALES TAX APPkOVED BY THE PEOPLE IN 1973 BE EXTENDED FOR THE PURPOSE OF CONSTRUCTION OF VARIOUS CAPITAL IMPPOVEVENTS BE IT ORDAINED BY THE PEOPLE OF THE CITY OF FORT COLLINS that the one percent (1%) City sales tax aoproved by vote of the people on 20 February, 1973 be continued to 31 December, 1981 in order to corplete capital improvements projects, particularly a 50-meter indoor pool and ice rink, additional greenbelt, bicycle paths, and trail system " Section 3 At such election, the following Council initiative shall be submitted to a vote of the qualified electors of the City "ORDINANCE NO 10, 1980 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN OPDINANCE REQUIRING THE CONSTRUCTION OF AN INDOOR POOL AND ICE RINK AND SPECIFYING THE TIMING AND FINANCING THEREFOR BE IT ORDAINED BY THE COUNCIL OF ThE CITY OF FORT COLLINS Section 1 That a 50-ieter indoor swimming pool and ice rink snall be constructed by the City, with said con- struction to be commenced no later than Dec Ember 31, 1981 Section 2 Such pool and ice rink construction shall be financed by the Ceneral Fund of the City in any manner to be later determined by the City Council , including but not limited to the issuance of general obligation bonds if duly approved at an election, or general fund sales tax revenue bonds Section 3 That the one percent (10%) City sales tax approved by City voters on February 20, 1973 not be extended beyond March 31, 1980 for the purpose of financing said pool and ice rink construction of other capital im- provements " Section 4 At such election the following citizen ' s initiative shall be submitted to a vote of the qualified electors of the City "PEOPLE'S ORDINANCE NO 2 BEING AN ORDINANCE AhENDING SECTION 84-2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE POSSESSION, USE OR DISTRIBUTION OF NO MORE THAN ONE OUNCE OF MARIJUANA AND SETTING A PENALTY THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 84-2 of the Code of the City of Fort Collins be, and it hereby is, amended by the addition tnereto of the followinq subsection "L Possession of One Ounce or Less of Nari,7uana (a) No adult snall possess, control , use, or give -2- away cannabis, which is defined as all parts of the plant, Cannabis Sativa L , whether growing or not, its seeds or resin, and every compound , manufacture, salt, derivative, mixture or preparation with the above, unless such possession, control , use or sale is pursuant to a license or prescrip- tson as provided in C R S 12-22-408, as amended This definition does not include the mature stalks of the plant , fiber produced from the stalks , oil or cake made from the seeds of the plant, or any other compounds, manufacture, sale, deriva- tive, mixtures or preparation of the mature stalks, except resin extracted therefrom , fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination (b) Any violation of possession by an adult of not more than one ounce of cannabis shall be subject to a sentence of up to Five Dollars ($5 00) , including judgment fees and costs, and no probation or any otner punative or rehabilitative measure shall be imposed, provided, however, that this Article shall not be construed to prohibit deferred sen- tencinq Juveniles will continue to oe treated under existing State statutes The Municipal Court Clerk shall accept any plea of guilty in the ame manner as pay ki , g tickets are paid at the hunicipal Finance Department, as of May 1 , 1980 Adults pleading guilty of viola bons of this Article shall be allowed to tender the sum of Five Dollars ($5 00) to the Municipal Finaice Department as a full and complete satisfac- tion and discharge of liability, and no aopearance before a funicipal Judge or any othe, judicial officer snall be required In any prosecution for violations of this Section, the burder of establishing any license or prescription shall be upon the defendant but this does not snift the burden of proof for the violation (c) No Fort Collins police officer, or his or her agent, shall complain of the posses- sion, control , use, or giving away of canna- bis by an adult to any other authority except -3- the Fort Collins City Attorney, and the City Attorney shall not refer any said complaint to any other authority for prosecution (d) Should the State of Colorado enact lesser penalties than set forth in (2) above, or entirely repeal penalties for the possession, control , use, giving away, or sale of canna- bis, then this Section, or tiie relevant portions thereof, shall be null and void " Section 5 The City Council has reviewed the City Charter and desires to submit certain Charter Amendments to the qualified electors of the City at said special election The following proposed Charter Amendments shall be submitted to a vote of the qualified electors of tire City at said election PROPOSED CHARTER AhErOiEHT NO 1 Amend Article XVI , Section 13 of the Charter of the City of Fort Collins to read as follows "Section 13 Statement of Expenses Every candidate at any City election shall , within thirty (30) days thereafter, file an itemized statement snowing in detail all amounts of money contributed or expended by the candidate, directly or indirectly, in aid of tree candidate' s campaign, and giving therein the rid-des of the various persons receiving such money, and the specific nature of each item, acid the purpose for which expended or contributed The City Council may act by ordinance to establish limits on campaign expenditures for candidates for City offices A limit established pursuant to this Section shall not apply to any City election conducted less than one year after the enactment or amendment of the limit No political party or City employee, directly or indirectly, and no public service corporation, nor any otner 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 " -4- PROPOSED CHARTER ANiENDhENT NO 2 Anend Article XIX , Section 2 of the Charter of the City of Fort Collins to read as follows "The functions of the Board shall be (a) To advise the Council on zoning , subdivision , annexations, major public and private projects, public works matters, capital outlay budgeting, and long-range planning, (b) To exercise the authority vested in it by State zoning laws, (c) To cooperate with school , county, and any other planning and zonirg board and, with the approval of the Council , to enter into agreements to pronote uniform planning and zoning within and without the City The City Council , by ordinance approved Dy at least five (5) Councilrrembers may expand the authority of the Planning and Zoning Board to include final action on all planning items except zonings, rezonings, and annexations, provided that such action shall be subject to the right of appeal to City Council " PROPOSED CHAPTER Ai iENDNiENT NO 3 Amend Article XIX, Section 3, of the Charter of the City of Fort Collins to read as follows "Section 3 Zoning For the purpose of promoting the health , safety, morals, and general welfare of the community, the Council is hcreby empowered to zone the City All zoninq regulations shall be uniform for eacn class or kind of buildinSs throughout each district, but zoning regulations in one district may differ from those in other districts, and further the Council may place reasonable use-related conditions upon any particular property in any given district " -5- PROPOSED CHARTER AVENDINENT NO 4 Amend Article XVII of the Charter of the City of Fort Collins by adding a ne�ti Section 8 thereto, ano further by amending Sections 2 and 3 thereof, said amendments to be as follows 1 That paragraphs 1 of Section 2 be amended by delet- ing therefrom tfse phrase "or call a special City election, unless a general or special City election is to occur within ninety (90) days thereafter" , and substituting therefor the phrase "or call a special City election within ninety (90) days after the petition has been certified to the Council unless a general or special City election is to occur withir said ninety (90) day period", 2 That paragraph 4 of Section 2 be amended by adding at the end of the second sentence thereof the following phrase 'provided that the Council on its own motion may at any time call a special election for the purpose of considering an ordinance initi- ates by the Council ' , 3 That Section 3 be amended by deleting from the second sentence thereof the words and figures "fifteen percent (15%)" , and substituting therefor the words and figures "ten percent (10%) , 4 That Section 3 be amended by eliminating the last sentence tnereof, 5 That Article XVII be amended by adding an addition- al Section 8 thereto to read as follows "Section 8 Council Use of Initiative and Referen- dum The Council , of its own motion, shall have the power to sslbmit any proposPo ordinance or refer rly a�7l��tCC� J - r' IC LU Ti e v0 Of `LF12 pet Jl�- i a general or pedal Clectron in f,laIlrer as In Znls Charter prodded " PROPOSED CHARTER AhEOMENT NO 5 Amend Article V , Section 31 , of the Charter of the City of Fort Collins to read as follows "Section 31 Competitive Bidding Before the purchas- inq anent males any purchase of or contract for sup- plies, materials, or equipment, he shall give ample -6- opportunity for competitive bidding under such rules and regulations , and with such exceptions as the Council may prescribe by ordinance " PROPOSED CHARTER ANENDMEOT 110 6 Amend Article V . Section 33, of the Charter of the City of Fort Collins to read as follows "All City improvements in excess of an amount to be determined by ordinance of the City Council shall be executed by contract, except such improvements as Council authorizes a department to make, and shall be submitted to competitive bidding and awarded to the lowest responsible b dder, who shall be required to provide a performance bond or other equivalent securi- ty The Council may choose not to bid any specific project, and, in lieu thereof, may authorize the City to proceed with the construction as in other cases in accordance with the plans and specifications, and tfie services of the City shall be cnarged as a part of the cost of the improvements " PROPOSED CHARTER AMENDMENT NO 7 Amend Article IV of the Charter of the City of Fort Collins by delet- ing ther-from Section 16 PROPOSED CHARTER AMENDiIENT NO 8 Amend Article II , Section 2, of the Charter of the City of Fort Collins by deleting the phrase "five years" in the first paragraph thereof, and substitutinq therefor the phrase "one year " Section 6 The said election shall be field and conducted as nearly as may be practicable in the manner prescribed by the Municipal Election Code (Article X, Title 31, C R S 1473) Eacri person offering to vote in said election must be a qualified elector registered to vote in the City of Fort Collin, Voting machines shall be used at the election Section 7 The City Clerk shall publish such notices of the election and of the issues to be voted upon as may be required by law -7- � 4 Section 8 The Board of Elections shall provide for a canvas of returns of said election and for issuance of appropriate certificates as provided in Section 6 and 12 of Article XVI of the City Charter Introduced, considered favorably on first reading, and ordered pub- lished this 8th day of January, A D 1980, and to be presented for final passage on the 16tn day of January, A D 1980 -L Mayor City Cler4 Passed and adopted on final reading this 16th day of Januarv, A D 1980 Mayo ATT ST City ler! - -II-