Sec. 54-141. Charter amendment initiative petitions—Generally.
(a) Statement of intent. Petition representatives, who shall be registered electors of the City, shall submit to the city clerk a statement indicating their intent to circulate a Charter amendment initiative petition. Not later than ten days following the filing of the statement, a prepared Charter amendment initiative petition, in ordinance form, shall be submitted to the city clerk. Charter amendment initiatives, which meet all the requirements for submission to the electorate, shall be scheduled on an appropriate date in accordance with the Colorado Constitution, applicable state statutes and municipal ordinances.
(b) Time for filing. A petition for a Charter amendment initiative ordinance shall be filed with the city clerk not later than 120 days from the date the petition has been approved as to form, pursuant to the provisions of this article. The city clerk shall not accept any petition for filing which is not timely filed under this section. A petition for a Charter amendment initiative ordinance shall be placed upon the ballot at either a regular or special municipal election subject to all constitutional, statutory, and municipal ordinance deadlines having been met.
(c) Number of signatures. A petition for a Charter amendment initiative ordinance shall be signed by registered electors in a number equal to:
(1) For a special municipal election, at least ten percent of the registered electors of the municipality registered on the date of the last regular municipal election held by the City.
(2) For a regular municipal election, at least five percent of the registered electors of the municipality registered on the date of the last regular municipal election held by the City.
(d) Ballot title. Procedures for fixing the ballot title of Charter amendment initiative petitions shall be as follows:
(1) Any Charter amendment initiative petition shall be in the form of an ordinance, the original of which shall be submitted to the city clerk before it is signed by registered electors. The city clerk, with the assistance of such other city officials as the clerk deems necessary, shall designate and fix a ballot title and submission clause which shall fairly and accurately express the intent and meaning of the proposed Charter amendment. Ballot titles shall be brief and shall not conflict with titles selected for any petitions previously filed for the same election. Proceedings for fixing the ballot title and submission clause shall be concluded not later than ten days after the city clerk has issued the initial determination of sufficiency.
(2) If any person submitting a Charter amendment initiative petition claims that the ballot title and submission clause do not fairly express the meaning and intent of the proposed amendment, he or she must file a motion for a hearing with the city clerk not later than three days after the ballot title and submission clause are fixed by the city clerk. A hearing on the ballot title and submission clause shall be held not less than ten nor more than 20 days after the motion for a hearing has been filed. If the city clerk finds that the ballot title and submission clause fairly express the meaning and intent of the proposed amendment, the person submitting such measure may appeal such decision to the Arapahoe County District Court as set forth in the Colorado Rules of Civil Procedure.
(e) Election.
(1) If the city clerk determines that the Charter amendment initiative petition is valid, then the petition shall be presented to the city council at a regular or special meeting not later than 30 days of final determination. The final determination of sufficiency will not be issued by the city clerk until the 20-day protest period has elapsed or at the conclusion of a protest hearing, whichever occurs later. The city council shall submit the Charter amendment initiative ordinance to a vote of the registered electors of the City.
(2) The ballot upon which such ordinance is submitted shall state briefly its nature and shall contain the words "yes" and "no," in order to comply with the requirements of the Charter.
(f) Election results. If a majority of the registered electors voting approve the Charter amendment initiative ordinance, it shall be adopted and take effect upon certification of the election results by the canvass board. (Ord. No. 2016-35, § 15, 8-8-2016)