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HomeMy WebLinkAbout09946RESOLUTION NO. 9946 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2003 A PROPOSED INITIATED ORDINANCE AMENDING THE PUEBLO SMOKE FREE AIR ACT OF 2002, AND FIXING THE BALLOT TITLE THEREFOR WHEREAS, an initiative petition having the required number of signatures has been filed with the City Clerk requesting that a proposed initiated Ordinance No. 7039 amending the Pueblo Smoke Free Air Act of 2002 (the i'proposed Ordinance") be submitted to a vote of the registered electors of the City of Pueblo at the general municipal election to be held on Tuesday, November 4, 2003, and WHEREAS, pursuant to section 5-1-10 of the Pueblo Municipal Code, the City Council shall fix the ballot title for such proposed Ordinance which will fairly express the true meaning and intent thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The proposed Ordinance shall be and is hereby submitted to a vote of the registered electors of the City of Pueblo at the general municipal election to be held on Tuesday, November 4, 2003. SECTION 2. The ballot title (submission clause and title) for the proposed Ordinance is hereby fixed to read as follows: QUESTION NO. (AMENDING THE PUEBLO SMOKE FREE AIR ACT OF 2002) SHALL PROPOSED INITIATED ORDINANCE NO. 7039 BE ADOPTED AMEND-lNG THE PUEBLO SMOKE FREE AIR ACT OF 2002 SO AS TO CHANGE THE MEANING OF A "FREESTANDING BAR" FROM AN ESTABLISHMENT WITH NOT MORE THAN 25% OF GROSS REVENUE DERIVED FROM FOOD TO AN ESTABLISHMENT WITH NOT MORE THAN 60% OF GROSS REVENUE DERIVED FROM FOOD AND COMPLETELY EXEMPTING FROM THE SMOKE FREE AIR ACT OF 2002 BOTH "FREESTANDING BARS" AND ALL "ATTACHED BARS," WHERE THE TERM "ATTACHED BAR" MEANS THE BAR AREA OF A RESTAURANT? FOR THE ORDINANCE AGAINST THE ORDINANCE SECTION 3. The City Council does hereby find, determine and declare that the ballot title set forth in Section 2 hereof fairly expresses the true meaning and intent of the proposed Ordinance. SECTION 4. The City Clerk shall (a) at least ten (10) days prior to the November 4, 2003 general municipal election publish notice of an election upon the proposed Ordinance, which notice shall contain the full text of the proposed Ordinance, and (b) certify the Ballot Title to the Pueblo County Clerk and Recorder by the fifty-fifth day prior to the November 4, 2003 coordinated election as provided in section 1-5-203(3), C.R.S. SECTION 5. This Resolution shall become effective upon final passage. INTRODUCED September 8, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/ President of City Council ATTEST: Gina Dutcher/City Clerk