HomeMy WebLinkAboutordinance.council.035-01 ORDINANCE NO. 2o~
(Series of 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 3.5 OF THE CITY OF ASPEN HOME RULE CHARTER TO
CLARIFY THE LEGAL QUALIFICATIONS FOR THE OFFICES OF MEMBERS OF
COUNCIL AND MAYOR.
WHEREAS, the Aspen Home Rule Charter was adopted in 1970; and
WHEREAS, Section 3.5 of the original Home Rule Charter required that each council
member and the Mayor when nominated and elected be (a) an elector of the City of Aspen, (b) a
citizen of the United States for at least three years, and (c) shall have resided in the City for three
continuous years; and
WHEREAS, the Colorado Supreme Court in Cowan v City of Aspen, 181 Colo. 343,509
P.2d 1269 (1973), declared the three year residency requirement to be unconstitutional and held
that one year durational residency requirements for candidates for municipal office was
constitutional; and
WHEREAS, following the Supreme Court's ruling the Aspen Home Rule Charter was
republished, without formal amendment in accordance with Section 13.10 of the Charter, to
delete the three year durational residency requirement, but failed to include any durational
residency requkement; and
WHEREAS, this oversight was recently discovered and the City Council desires to
correct this oversight by amending the City's Home Rule Charter to clarify that the qualification
of candidates for the office of council member and mayor shall include a one year durational
residency requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That Section 3.5 of the Aspen Home Rule Charter shall be and hereby is amended to read as
follows:
Section 3.5 Qualifications.
Each councilman and the mayor when nominated and elected shall be an elector of the
City, a citizen of the United States for at least one year, and shall have resided in the City of
Aspen for at least one year. No councilman or the mayor shall be a salaried employee of the City
during his term of office, perform personal services for the City for which he is compensated
other than as provided in Section 3.6. The council shall be the judge of election and
qualifications of its own members.
Section 2.
This ordinance shall become effective on January 1, 2002, provided that the electors of the City
approve the same at the special municipal election on November 6, 2001.
Section 3.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4.
That this ordinance shall not have any effect on exist'rog litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
2
A public hearing on the ordinance shall be held on the~. ~day of/(~~/., 2001,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the /~
dayof U~ ,2001.
H~en~tliarI~an~La~ 1, Mayor
ATTEST:- ·.
Kathryn S. ~,$ch, City Clerk
N_~LY adopted, passed and approved thise,7->/~ day of
Heleh K~lin K(ander~ rd, l~yo~
ATTEST: .
JPW-O8/22/2001-G:\john\word\ords\charter-amd2.doc