HomeMy WebLinkAbout2013-072-08/20/2013-SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY, AT A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 5,201 RESOLUTION 2013-072
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY, AT A SPECIAL
MUNICIPAL ELECTION ON NOVEMBER 5, 2013, A PROPOSED CITIZEN-INITIATED
ORDINANCE PLACING A FIVE-YEAR MORATORIUM ON THE USE OF HYDRAULIC
FRACTURING TO EXTRACT OIL, GAS AND OTHER HYDROCARBONS AND ON THE
STORAGE OF THE WASTE PRODUCTS OF HYDRAULIC FRACTURING WITHIN
THE CITY OF FORT COLLINS OR ON LANDS UNDER THE CITY'S JURISDICTION
WHEREAS,under Article X,Section I of the City Charter,the registered electors of the City
have the power to propose a measure to the City Council, and if the City 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 to place a five-year moratorium on the use of hydraulic
fracturing and the storage of its waste products within the City of Fort Collins or under its
jurisdiction has been submitted to the City,and 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
WHEREAS, the City Clerk 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 City 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,under Article X, Section 6 of the City Charter,upon ordering an election on any
initiative or referendum measure,the Council shall,after public hearing,adopt by resolution a ballot
title and submission clause for the measure; and
WHEREAS,the ballot title for the measure must identify the measure as either a city initiated
or citizen initiated measure; and
WHEREAS the submission clause must be brief, must not conflict with those selected for
any petition previously filed for the same election, and must unambiguously state the principle of
the provision sought to be added.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby submitted to the registered electors of the City at a special
municipal election to be held in conjunction with the Larimer County Coordinated Election on
Tuesday, November 5, 2013, the following proposed citizen-initiated ordinance:
PROPOSED CITIZEN-INITIATED ORDINANCE
Fort Collins Public Health, Safety and Wellness Act.
Section I. Purpose.
To protect property, property values, public health, safety and welfare by placing a five year
moratorium on the use ofhydraulic fracturing to extract oil,gas,or other hydrocarbons within the City
of Fort Collins in order to study the impacts of the process on the citizens of the City of Fort Collins.
Section 2. Findings.
The people of Fort Collins hereby make the following findings with respect to the process of hydraulic
fracturing within the City of Fort Collins:
The Colorado Constitution confers on all individuals in the state, including the citizens of
Fort Collins,certain inalienable rights,including"the right of enjoying and defending their lives and
liberties;of acquiring,possessing and protecting property;and of seeking and obtaining their safety .
and happiness,"Colo. Const. Art. II, Sec. 3;
The Colorado Oil and Gas Act requires oil and gas resources to be extracted in a"manner
consistent with protection of public health, safety, and welfare, including protection of the
environment and wildlife resources,"Colo. Rev. Stat. §34-60-102;
The well stimulation process known as hydraul is fracturing is used to extract deposits oil,gas,
and other hydrocarbons through the underground injection of large quantities of water,gels,acids or
gases; sands or other proppants; and chemical additives,many of which are known to be toxic;
The people of Fort Collins seek to protect themselves from the harms associated with
hydraulic fracturing, including threats to public health and safety, property damage and diminished
property values,poor air quality,destruction of landscape,and pollution of drinking and surface water;
Representatives from the State of Colorado have publically stated that they will be conducting
a health impact assessment to assess the risks posed by hydraulic fracturing and unconventional oil
and gas development.
The people of Fort Collins have determined that the best way to safeguard our inalienable
rights provided under the Colorado Constitution, and to and ensure the"protection of public health,
safety,and welfare,including protection ofthe environment and wildlife resources"as provided under
the Colorado Oil and Gas Act, is to place a five year moratorium on hydraulic fracturing and the
storage and disposal of its waste products within the City of Fort Collins in order to fully study the
impacts of this process on property values and human health.
Section 3. Moratorium
Therefore, the people of Fort Collins have determined that the best way to safeguard our
inalienable rights provided under the Colorado Constitution, and to ensure the"protection of public
health, safety, and welfare, including protection of the environment and wildlife resources" as
provided under the Colorado Oil and Gas Act, is to place a moratorium on hydraulic fracturing and
the storage of its waste products within the City of Fort Collins or under its jurisdiction for a period
of 5 years without exemption or exception in order to fully study the impacts of this process on
property values and human health. The moratorium can be lifted upon a ballot measure approved by
the people of the City of Fort Collins.
Section 4. Retroactive Application
In the event this measure is adopted by the voters,its provisions shall apply retroactively as ofthe date
the measure was found to have qualified for placement on the ballot.
Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted
to the registered electors of the City at said regular municipal election in substantially the following
form:
PROPOSED CITIZEN-fNITIATED ORDINANCE
An ordinance placing a moratorium on hydraulic fracturing and the storage of its
waste products within the City of Fort Collins or on lands under its jurisdiction for
a period of five years, without exemption or exception, in order to fully study the
impacts of this process on property values and human health,which moratorium can
be lifted upon a ballot measure approved by the people of the City of Fort Collins and
which shall apply retroactively as of the date this measure was found to have
qualified for placement on the ballot.
FOR THE ORDINANCE
AGAINST THE ORDINANCE
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of August, A.D. 2013.
ayor
ATTEST:
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City Clerk 0: t N
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