[BoulderCouncilHotline] Flow chart of possible citizen-initiated responses to passage of Ordinance 8483 (CU South annexation) by City Council

[Weaver, Sam]

Fellow Council Members and HOTLINE followers,

One issue of significant community concern regarding Council consideration of proposed Ordinance 8483 (CU South annexation) is whether there is a material difference in potential citizen-initiated responses available between adoption as an emergency measure and adoption as a non-emergency measure.  Determination of whether Ordinance 8483 should be passed as an emergency measure will be made solely on the basis of findings of facts as evaluated by each Council Member.  A community concern has been expressed that passage of 8483 as an emergency measure would limit the options or outcomes available to residents who might disagree with passage of 8483 when compared to non-emergency adoption of 8483.  While this concern should not influence the determination of each Council Member as to whether emergency passage is justified, it is still a substantial concern that should be evaluated so that Council Members and the community can understand what outcomes could occur in various scenarios.

Currently, there is a citizen-initiated ballot measure which will be voted on in the coming November municipal election, Ballot Question 302, which establishes certain conditions for any future annexation of the CU-South property.  If Ordinance 8483 is adopted by Council (whether as an emergency measure or not) there is a separate popular action which can be taken which could ultimately reverse that adoption: a referendum.  Boulder Charter sections 43 to 54 delineate the referendum process, including the provision in Charter section 50 which specifies that the power of referendum applies to all measures passed by Council including those passed as emergency measures.

In an effort to evaluate the impacts (if any) that passage of 8483 as an emergency measure would have on future electoral options when compared to passage as a non-emergency measure, I created a flow chart for myself to evaluate any potential differences.  I wanted to share that chart publicly (see attached) ahead of our meeting, as I may want to speak to my interpretation of this chart tomorrow during Council discussions.  While I do not believe there are any factual errors in the chart, and it has been reviewed by others for general accuracy, this is my work alone, and any mistakes are mine alone.

These scenarios are only relevant if Council adopts Ordinance 8483.  If Council decides not to pass ordinance 8483, these scenarios are moot.

All the best,

Sam Weaver

[cid:image001.png at 01D7AE3B.AD1ECF60]

weavers at bouldercolorado.gov<mailto:weavers at bouldercolorado.gov>
Phone: 303-416-6130

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