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 Pagosa Springs
 Code of Ordinances
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 Article 5. INITIATIVE, REFERENDUM, AND RECALL

  § 5.4. Petition Requirements  

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  • A)

    Except as otherwise provided in this Charter, a petition must be in the form provided by §31-11-106, C.R.S. The form of the petition must be submitted to the Town Clerk prior to circulation and approved or rejected by the Town Clerk within five (5) business days following the Town Clerk's receipt of such form of petition. Rejection of the form of petition shall not extend the time period for filing a valid signed referendum petition.

    B)

    Upon approval of the form of petition by the Town Clerk, the petition shall be circulated and signed in accordance with §31-11-108, C.R.S and the signed petition shall be filed with the Town Clerk within the applicable time periods established by Sections 5.1 and 5.3 of this Charter.

    C)

    The Town Clerk shall inspect the signed petition and issue a statement as to whether the signed petition is sufficient, within ten (10) business days of the filing of the signed petition. A copy of the statement of sufficiency or insufficiency shall be mailed to the Petitioner or the Petitioner's designee, and also posted in the Town Clerk's office. It shall be the Petitioner's duty to check with the Town Clerk on the tenth (10) business day after filing the petition. A statement of insufficiency shall not extend the time period for filing a valid signed referendum petition.

    D)

    When a petition is deemed sufficient, the Town Clerk shall present the petition to the Council at the next regular meeting. If a petition is insufficient, the Petitioner shall have five (5) business days from the date of posting of a notice of insufficiency to file supplemental or corrected petition papers with the Town Clerk. The Town Clerk shall verify the amended or supplemental petition within two (2) business days after receipt thereof. Any petition amended and refiled in accordance with this subsection may not be amended and refiled more than once.

    E)

    If an amended or supplemental petition is deemed to be insufficient, the Clerk shall notify the Petitioner of the insufficiency of the petitions and the proceeding shall terminate. Petitions shall be retained only for a period of one year. The termination of any proceeding due to insufficiency of a petition shall preclude the initiation of any proceeding pertaining to the same subject matter or same elected Town official for one year from the date of the Clerk's determination of insufficiency.

(Ordinance No. 2012-767, adopted February 7, 2012 and passed at election April 3, 2012, repealed and replaced Section 5.4 in its entirety; former Section 5.4 adopted as part of 2003 Charter)