HomeMy WebLinkAbout2015-078-08/18/2015-SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT QUESTION FOR A CITY-INITIATED QUESTION AU RESOLUTION 2015-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT TITLE AND
SUBMISSION CLAUSE FOR A CITY-INITIATED QUESTION AUTHORIZING THE CITY
TO PROVIDE DIRECTLY, AND/OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE
SECTOR PARTNERS, HIGH-SPEED INTERNET SERVICES, TELECOMMUNICATION
SERVICES, AND/OR CABLE TELEVISION SERVICES WITHIN THE CITY OF FORT
COLLINS GROWTH MANAGEMENT AREA, AS PERMITTED BY TITLE 29, ARTICLE 27
OF THE COLORADO REVISED STATUTES (SB 05-152), TO BE PRESENTED AT THE
NOVEMBER 3, 2015 LARIMER COUNTY COORDINATED ELECTION.
WHEREAS, on June 3, 2005, Colorado Senate Bill 05-152, "Concerning Local
Government Competition in the Provision of Specified Communication Services", became
effective, as codified at Title 29, Article 27 of the Colorado Revised Statutes (The 'Broadband
Act"); and
WHEREAS, by its terms, the Broadband Act limits the ability of local governments to
provide "advanced services", i.e., broadband and high-speed internet; telecommunication
services; and cable services (collectively "Communication Services") within their jurisdictions in
competition with private service providers; and
WHEREAS, recent economic development efforts have led Fort Collins and other local
communities to develop robust fiber optic communication networks with the potential to deliver
higher quality and more affordable Communication Services within their municipal areas than
are currently provided by private service providers serving these areas; and
WHEREAS, under the terms of the Broadband Act, the City may not use its fiber optic
network to deliver Communication Services to private parties without first satisfying certain
conditions regarding local government competition with private service providers; and
WHEREAS, Section 29-27-201(1), C.R.S., provides that before a local government may
engage or offer to provide Communication Services, the voters must determine whether or not
the local government shall provide the proposed service(s); and
WHEREAS, Section 29-27-201(2), C.R.S. further provides that the ballot question
submitted to the voters pursuant to the section shall include a description of the nature of the
proposed service, the role the local government will have in providing the service, and the
intended subscribers, and the ballot proposition shall not take effect until submitted to and
approved by a majority of the electors voting on the ballot; and
WHEREAS, since`2011, the voters of three counties and thirteen municipalities have
approved local ballot measures to set aside the limitations of the Broadband Act, authorizing
their local governments to offer Communication Services directly or indirectly within their
jurisdictions; and
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WHEREAS, under Article X, Section 3 of the City Charter, the Council may submit any
question, or proposed ordinance or resolution, or refer any adopted ordinance or resolution to the
vote of the people at a regular or special election with the same force and effect as provided for
citizen initiated and referred measures; and '
WHEREAS, the City Council intends to preserve and exercise its authority as a home-
rule municipality under Section 6 of Article XX of the Colorado Constitution and the Home Rule
Charter of the City of Fort Collins, while submitting the question to the registered electors of the
City; and
WHEREAS, the City Council adopted as of this date Ordinance No 89, 2015, calling a
special election to be held as part of the Larimer County Coordinated Election on November 3,
2015 for the purpose of asking voters whether the City shall be allowed to provide
Communication Services directly and/or indirectly within the City of Fort Collins growth
management area; and
WHEREAS, under Article X, Section 6(b) of the City Charter, upon calling an election
on any initiative or referendum measure, the Council shall, after public hearing, adopt by
resolution a ballot title and submission clause for each measure.
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 of Fort
Collins at a special municipal election to be held as part of the Latimer County, Colorado
Coordinated Election on Tuesday, November 3, 2015 the question of whether or not the City
should be authorized to directly and/or indirectly provide specified communication services in
substantially the following form:
City-Initiated Question Authorizing the City to Provide Directly, and/or
Indirectly with Public and/or Private Sector Partners, High-Speed Internet
Services, Telecommunication Services, and/or Cable Television Services
within the City of Fort Collins Growth Management Area, as Permitted by
Title 29, Article 27 of the Colorado Revised Statutes (SB 05-152)
Without increasing taxes by this measure, shall the City of Fort Collins, in the
exercise of its home-rule authority, have the right to provide, either directly,
and/or indirectly with public and/or private sector partners, high-speed internet
services, including but not limited to any new or improved high bandwidth
services based on future technologies (advanced services), telecommunications
services, and/or cable television services to residents, businesses, schools,
libraries, nonprofit entities and other users of such services located within the
boundaries of the City of Fort Collins growth management area, as expressly
permitted by SB 05-152 (codified at Sections 29-27-101 to 304 of the Colorado
Revised Statutes)?
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Yes/For
No/Against
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of August, A.D. 2015.
FART C�<
�: SEAL
Mayor
ATTEST: coi-n5k
City Clerk
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