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HomeMy WebLinkAbout2006-132-12/19/2006-REFERRING ORDINANCE NO. 137, 2006, ANNEXING PROPERTY KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION, TO A RESOLUTION 2006-132 OF THE COUNCIL OF THE CITY OF FORT COLLINS REFERRING ORDINANCE NO. 137, 2006, ANNEXING PROPERTY KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE NEXT REGULAR MUNICIPAL ELECTION ON APRIL 3, 2007 WHEREAS,on October 3,2006,the City Council adopted on second reading Ordinance No. 137, 2006, Annexing Property Known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado (the"Annexation Ordinance"); and WHEREAS, on October 12, 2006, three registered electors commenced referendum proceedings by filing with the City Clerk a notice of protest against the Annexation Ordinance; and WHEREAS, on October 20, 2006, the City Clerk approved the form of the referendum petition relating to the Annexation Ordinance (the"Referendum Petition"); and WHEREAS,on November 9, 2006,the Referendum Petition was filed with the City Clerk; and WHEREAS, on November 16, the City Clerk determined that the Referendum Petition did not contain a sufficient number of signatures to require further action by the Council; and WHEREAS,pursuant to Article X, Section 5 of the Charter of the City of Fort Collins(the "Charter"), on November 20, 2006, Joann Malara, a Referendum Petition representative, filed a written protest with the City Clerk (the"Protest'); and WHEREAS,on November 27 and December 6,2006,the City Clerk conducted a hearing on the Protest and, in written findings dated December 15, 2006, concluded that the Referendum Petition did contain the required number of valid signatures; and WHEREAS, under Article X, Section 2(e) of the City Charter, once a referendum petition is deemed sufficient, the Council must either repeal the ordinance that is the subject of the petition or refer the ordinance to the registered electors of the City; and WHEREAS,Council has determined that the Annexation Ordinance should not be repealed by the Council but should instead be referred to the registered electors at the next regular City election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Ordinance No. 137,2006,Annexing Property Known as the Southwest Enclave Annexation to the City of Fort Collins,Colorado is hereby referred to the registered electors of the City of Fort Collins at the next regular city election to be held on Tuesday, April 3, 2007. Section 2. That no later than February 6,2007,the City Manager and City Attorney shall present for Council's consideration a resolution proposing the form of the ballot language for the foregoing referred measure. Passed and adopted at a regular meeting of the Co of the City of Fort Co lins this 19th day of December, A.D. 2006. 1 Mayo ATTEST: 4UIL) City Clerk