While Salida City Clerk Alisa Pappenfort issued an initial determination of sufficiency for the petition objecting to the Salida Crossings development, state statute states that the final determination may not be issued during the 40-day protest period.
A press release from Salida Deputy City Clerk Lynda Travis cites Colorado Revised Statute 31-11-103(2), in reference to the 40-day protest period.
“Within 40 days after a referendum is filed, a protest in writing under oath may be filed with the clerk by any registered elector of the municipality,” reads Travis’ press release. “The grounds for protest may include … the failure of any portion of the petition or circulator affidavit to meet the requirements of the article (Title 31, Article 11).
Therefore, the city clerk will not issue a final determination of sufficiency for the referendum petition until 40 days after the petition was filed, and city council may not reconsider the ordinance during the protest period.
Former mayor Jim LiVecchi submitted the petition April 19.
“Reconsideration of the ordinance will then be scheduled at a regular meeting of the city council,” reads the press release. “If the city council votes to repeal the ordinance, the referendum process will be done and the ordinance will not take effect.
“If the city council votes against a repeal of the ordinance, then it will be taken to a special election to be held not less than 60 days and not more than 150 days after the final determination of petition sufficiency.”
For additional information contact Travis at firstname.lastname@example.org or 719-530-2630.