The URL can be used to link to this page

Home My WebLink Aboutordinance.council.025-14 ORDINANCE NO. 25 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY ADDING SECTION 3.10, TO PROVIDE SPECIFIC AND OVERALL TERM LIMITS FOR SERVING IN THE OFFICES OF MAYOR AND CITY COUNCIL. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to add a provision that would provide for specific term limits for the offices of Mayor and City Council and would provide for an overall limit for consecutive service in such offices; and WHEREAS, currently terns limits for the offices of Mayor and Council are set pursuant to Article XVIII, Section 11(1) of the Colorado Constitution. However, Article XVIII, Section 11(2), provides each municipality with the authority to amend such provisions; and WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as may be enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210, C.R.S., which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment, and submission of the proposed amendment to the electorate; and, WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments to the City Charter in the manner prescribed by the state constitution. Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1: Section 3.10 of Article III of the Home Rule Charter of the City of Aspen is hereby adopted and added to the Charter to read as follows: Section 3.10. Term Limits (a) No person shall serve more than 3 consecutive terms in the office of Mayor. (b) No person shall serve more than 2 consecutive terms in the office of City Council. (c) For the purposes of this section, the office of Mayor and the office of City Council are considered separate and distinct offices. (d) No person shall serve more than a total of fourteen (14) consecutive years in the offices of Mayor and City Council. (e) For the purposes of this section, terms and years are considered consecutive unless they are at least four years apart. (f) A person is deemed to have completed a full term of office (four full years for Council and two full years for Mayor), if such person resigns prior to expiration of the term or is appointed or elected to fill a vacancy. Section 2. Since these provisions reflect the current law, any terms of service as mayor or council member prior to the effective date of this ordinance shall be included in applying the limitations of Sections 3.10 (a), (b) (c) and (e). The provisions of Section 3.10(d) and (f) shall become effective following the first municipal election after the effective date of this ordinance. Page 2 of 4 Section 3. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4. 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 5: This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the special municipal election to be held on November 4, 2014, of a ballot question in substantially ^ the form that follows: CITY OF ASPEN REFERENDUM NO. AMENDMENT TO CITY CHARTER—TERM LIMITS. Shall Ordinance No. 25, Series of 2014, be approved? Ordinance No. 25, Series of 2014, if approved, adds sections 3.10 to the City of Aspen Home Rule Charter to provide specify term limits for the offices of Mayor and Council and to provide an overall limit to the consecutive service as a Council member and Mayor and to specify that partial terms are counted as full terms when considering term limits. Yes [] No [] Page 3 of 4 Section 6: A public hearing on this ordinance shall be held on the 25`h day of August, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Section 7: The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (10) days, or as soon as possible thereafter as possible. INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the I I`h day of August, 2014. Attest: 4L:t��v/r✓iw v. inda Manning, City Clerk Steven Skadron, Ma or FINALLY adopted, passed and approved this 25`h day of August 2014. Attest: W1 / Linda Manning, City Cle k Steven Skadron, ayor Page 4 of 4 THE CITY OF ASPEN LEGAL NOTICE RDINANCES 24 and 25, 2014 PUBLIC HEARING linances #24 and 25, Series of 2014 were adopted on ding at the City Council meeting August 11th, 2014. Th finances, if adopted, will amend Charter Section 3.8 relate ancil and .Mayor vacancies and add Section 3. 10 term lin public hearing on these ordinances is scheduled for Au( 2014 at 5:00 p. m . City Hall, 130 South Galena. 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 * 0 0 0 * 0 * 0 0 0 * 0 0 0 0 & 0 0 0 a 0 0 a 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 To see the entire text, go to the city's legal notice website :p://www.aspenpitkin.com/Departments/Clerk/Legal-Notici , f you would like a copy FAXed or e-mailed to you, call the city clerk's office, 429-268.