Loading...
HomeMy WebLinkAbout052 - 05/03/2011 - REPEALING ORDINANCE NO. 003, 2011, MAKING AMENDMENTS TO THE LAND USE CODE PERTAINING TO THE EAST SID ORDINANCE NO. 052, 2011, OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO. 0033 2011, MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO THE EAST SIDE AND WEST SIDE NEIGHBORHOODS WHEREAS, on February 1, 2011, the City Council adopted on second reading Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods (the "Ordinance"); and WHEREAS,on February 11,2011,a registered elector commenced referendum proceedings by filing with the City Clerk a notice of protest against the Ordinance; and WHEREAS, on February 22, 2011, the City Clerk approved the form of the referendum petition relating to the Ordinance (the"Referendum Petition"); and WHEREAS,on March 14,2011,the Referendum Petition was filed with the City Clerk;and WHEREAS,on March 17,2011,the City Clerk determined that the Referendum Petition did not contain the requisite number of signatures (at least 2,517) to warrant further action by the City Council and that such petition was insufficient within the meaning of Article X, Section 5(f)of the City Charter; and WHEREAS, on March 24, 2011, a Protest of Petition Insufficiency (the "Protest Notice") was filed by Lynn Davies, one of the Referendum Petition representatives; and WHEREAS, pursuant to the provisions of the City Charter, a protest hearing (the "Protest Hearing") was held on March 31, 2011, at which the City Clerk heard testimony regarding the allegations contained in the Protest Notice; and WHEREAS,at the conclusion of the Protest Hearing,the City Clerk preliminarily determined that she had received adequate testimony to qualify additional signatures which would result in the Referendum Petition being certified as sufficient; and WHEREAS,the final Decision of the City Clerk was rendered on April 7,2011,finding the Referendum Petition to be sufficient; and WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City Council of a petition certified by the City Clerk as sufficient for referendum automatically suspends the operation of the ordinance'in question pending repeal by the Council or final determination by the electors; and WHEREAS, Council has determined that the Ordinance should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Ordinance No.003,2011,Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods, is hereby repealed in its entirety. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. GOLLINs yor ATTEST: , 0. * � Ali City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. 11�yor ATTEST: �GQ; C0 ✓J; City Clerk p �� •per: