Section 3-5-1. General Authority.

Initiative. The electors of the City shall have the power to propose any ordinance to the City Council, in accordance with the provisions of this article or the provisions of the City Charter, except budget, capital programs, appropriation or levy of taxes or salaries of employees. In the event City Council fails to adopt the proposed ordinance without any change in substance, the proposed ordinance shall be submitted to the electors at a City election for their acceptance or rejection.

Referendum. The electors of the City shall have the power to require reconsideration by the City Council of any ordinance and, if the City Council fails to repeal an ordinance, so reconsidered, to approve or reject it at a City election, in accordance with the provisions of this article or the provisions of the City Charter; provided that such powers shall not extend to the budget, appropriation, levy of ad valorem taxes and those taxes required to be voted on by the people pursuant to the City Charter, calling a special election, or authorizing the issuance of local improvement district bonds payable primarily from special assessments, levying special assessments, or ordinance to meet the contractual obligations of the City.

[Source: Ord. 392, 1975]

Section 3-5-2. Commencement of Proceedings; Petitioners' Committee; Affidavit.

Any five (5) electors may commence initiative or referendum proceedings by filing with the City Clerk's office an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

Promptly after the affidavit of the petitioners' committee is filed, the City Clerk's office shall issue to the Committee petition forms containing all statements and information required by the Colorado Constitution, applicable state statutes, and the Charter and ordinances of the City of Northglenn, Colorado. It shall be the duty of the petition circulators to assure that all blanks in such petition forms are filled in as required by law and that all legal requirements regarding the manner of circulating such petitions are complied with.

[Source: Ord. 726, 1984]

Section 3-5-3. Petitions.

Number of Signatures. Initiative and Referendum petitions must be signed by qualified electors of the City of Northglenn in number to at least ten percent (10%) of the total number of qualified electors voting at the last general municipal election.

Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

Affidavit of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the petition, the number of signatures thereon, that all signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after the adoption by the Council of the ordinance sought to be reconsidered.

[Source: Ord. 392, 1975; 1824, 2022]

Section 3-5-4. Procedure After Filing.

Certificate of Clerk. Amendment. Within ten (10) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two (2) days after receiving the copy of the Clerk's certificate and files a supplementary petition upon additional forms within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 3-5-3, and within five (5) days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present the Clerk's certificate to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition.

City Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving a copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the request and approve or disapprove it, and Council's determination shall then be a final determination as to the sufficiency of the petition.

Court Review: New Petition. A final determination as to sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

[Source: Ord. 392, 1975; 1824, 2022]

Section 3-5-5. Referendum Petitions: Suspension of Effect of Ordinance. When a referendum petition is filed with the City Clerk's office, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

There is a final determination of sufficiency of the petition, or

The petitioners' committee withdraws the petition, or

The Council repeals the ordinance, or

Thirty (30) days have elapsed after a favorable vote of the City Council on the ordinance.

[Source: Ord. 392, 1975]

Section 3-5-6. Action on Petitions.

Action by Council. When an initiative or referendum petition has been finally determined sufficient, the City Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting on the question of its repeal; provided, however, that the City Council shall have the power to change the detailed language of any proposed initiative ordinance so long as the general character of the measure will not be substantially altered; and provided further that repeal of any referred ordinance may be effected only by a three-fourths majority vote of the entire City Council.

Submission to the Voters. The vote of the qualified electors on a proposed or referred ordinance shall be held not less than 30 days and not later than 90 days from the date of the final City Council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the City Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the City Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election.

Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least three members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereof shall be terminated.

[Source: Ord. 392, 1975]

Section 3-5-7. Submission by the City Council. The City Council, on its own motion, shall have the power to submit to a general or special election a proposed ordinance or question to a vote of the people.

[Source: Ord. 392, 1975]

Section 3-5-8. Results of Election.

Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

An ordinance adopted by the electorate may not be amended or repealed for a period of twelve (12) months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of twelve (12) months after the date of the election at which it was repealed; provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this article, or if submitted to the electorate by the Council on its own motion.

Any number of proposed ordinances may be submitted at the same election.

[Source: Ord. 392, 1975]