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HomeMy WebLinkAboutordinance.council.002-88 ORDINANCE NO. ~_ (Series of 1988) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 5, 1988, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY LIMITING THE TERMS OF THE MAYOR, COUNCIL AND PERMANENT BOARD AND COMMISSION MEMBERS WHEREAS, pursuant to the Municipal Home Rule Act of 1971, specifically Section 31-2-210, the city Council may initiate an amendment to the City of Aspen Home rule Charter by ordinance; and WHEREAS, the City Council does desire to submit to a vote of the registered electors of the City of Aspen at a special election to be held on April 5, 1988, amendments to the Home Rule Charter regarding the following matters: 1. Limiting the terms of City Council members to not more than two consecutive terms. 2. Limiting the term of the Mayor to not more than two consecutive terms. 3. Limiting the terms of members of permanent boards and commissions to not more than two consecutive terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special election to be held in the City of Aspen, Colorado, on April 5, 1988, there shall be submitted to a vote of the qualified, registered electors of the city proposed amendments to the Home Rule Charter of the City of Aspen, Colorado, relating to limiting the terms of office of councilmen, mayor and permanent boards and commissions as follows: - A proposed amendment to Section 3.2 limiting the terms of office of councilmen to no more than two consecutive terms; - A proposed amendment to Section 3.3 limiting the term of the mayor to not more than two consecutive terms providing that such person shall not be prohibited from serving consecutive terms as mayor and councilman; - A proposed amendment to Section 8.2 limiting terms of members of permanent boards and commissions to not more than two consecutive terms. The questions on the aforesaid amendments are all as set forth below and as more particularly stated in the form of Ballot Label and Notice of Election as set forth herein. FORM OF QUESTION QUESTION NO. 1: - Limiting the terms of councilmen to not more than two (2) consecutive terms Shall Section 3.2 of the Home Rule Charter of the city of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the terms of councilpersons to not more than two (2) consecutive terms, such that Section 8.2, as amended, would read as follows: "The terms of office for Councilmen shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981, the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the 2 two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections thereafter, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms. Councilmen shall not serve more than two (2) terms consecu- tively." QUESTION NO. 2: - Limiting the terms of Mayor to two (2) consecu- tive terms Shall Section 3.3 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the term of the mayor to not more than two consecutiwe terms providing that such person serving as mayor shall not be prohibited from serving consecutively as mayor and councilman, such that Section 3.3, as amended, would read as follows: "The mayor shall be elected at large from the entire City for a term of two !(2) years. The candidate receiving the highest number of 9otes shall be elected mayor. Such person elected mayor ~hafl not serve more than two (2) terms consecutively as ~n¥or. provided that such person shall not be prohibited fromiservinq consecutively as mayor and councilman. The mayor shall preside at meetings of the Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or, the ordinances of the City. He shall have all of the powers, rights, privileges and obligations of a Councilmember~ He shall be recognized as the head of city government for all ceremonial and legal purposes and he shall execute and authenticate legal instruments requiring his signature as such official." QUESTION NO. 3: - Limiting the terms of members of permanent boards and commissions to two (2) consecutive terms Shall Section 8.2 ~f the Home Rule Charter of the City of Aspen, Colorado, ~ amended by the addition of the itali- cized language limiting the terms of members of permanent boards and commissions to not more than two (2) consecutive terms such that such Section 8.2 would read as follows: "No member of the ~ity Council, the mayor, any City employee nor any appointed City official, shall serve on any per- 3 manent board or commission heretofore established or hereafter established by Council during his or her tenure as Councilperson, Mayor, City employee or appointed official. Every member of a permanent board or commission appointed by Council shall be resident of the City of Aspen for at least two (2) years and shall be a qualified elector, with the exception of the Board of Appeals and Examiners which shall be composed of members who are either residents of the City of Aspen or of the County of Pitkin for at least two (2) years. Terms of appointment to such boards and commissions shall not exceed four (4) years. No member of any such board or commission shall serve more than two (2) terms consecutively." QUESTION NO. 4: - Proposed charter amendment permitting the adoption by reference of City codes, rules and regulations by reference if approved by resolution of the City Council after notice and a public hearing thereon which the City Council determines would be unreasonably burdensome to publish because of volume and length Shall Section 4.13 of the Home Rule Charter of the city of Aspen, Colorado, be amended by the addition of the itali- cized language permitting the adoption of City codes, rules and regulations if approved by resolution of the City Council after notice and a public hearing thereon, which the City Council determines would be unreasonably burdensome to publish because of volume and length such that such Section 4.13 would read as follows: "Standard codes, promulgated by the Federal Government, the State of Colorado, or by any agency of either of them, or by any municipality within the State of Colorado, or by recognized trade or professional organizations, or City of Aspen codes, rules or regulations approved by resolution of the City Council ~fter notice and a public hearing thereon which the City council determines because of volume and length would be uRreasonably burdensome to publish, or amendments or revisions thereof, may be adopted by refer- ence; provided the publication of the ordinance adopting any said code shall advise that copies are available for inspection at the office of the city clerk and provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting ordinance." Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen shall be allowed to vote on the proposed amendments to the City Charter. Section 3 The election on the proposed Charter Amendment will be held at the polling place located at 130 South Galena Street, Aspen, Colorado, between the hours of 7:00 a.m. and 7:00 p.m. on April 5, 1988, in the City of Aspen, Colorado. Section 4 The election on the proposed amendments to the City Charter shall be conducted by the judges and clerks who shall be desig- nated by the City Clerk with the approval of the City Council of the city of Aspen. Section 5 The provisions for registration of electors and for voting by absentee ballot on the questions of the Charter Amendments shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said ~%lection shall be registered on electronic voting machines at each of the polling places. 5 "Yes No QUESTION NO. 1: - Limiting the terms of Councilmen to not more than two (2) consecutive terms Shall Section 3.2 of the Home Rule Charter of the city of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the terms of councilpersons to not more than two (2) consecutive terms, such that Section 8.2, as amended, would read as follows: The terms of office for Councilmen shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981, the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections thereafter, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms. Co,mci]men shall not serve more than two (2) terms consecu- tively. # "YES NO QUESTION NO. 2: - Limiting the terms of Mayor to two (2) consecu tive terms Shall Section 3.3 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the term of the mayor to not more than two consecutiye terms providin~ that such person serving as mayor shall not be prohibited from serving consecutively as mayor and councilman, such that Section 3.3, as amended, would read as follows: The mayor shall be elected at large from the entire city for a term of two (2) years. The candidate receiving the highest number of votes shall be elected mayor. Such person elected mayor shal~ not serve more ~han two (2) terms consecutively as m~yor, provided th%t such person shall not be prohibited fromlserv~ng consecutively as mayor and councilman. The m~yor shall preside at meetings of the Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the City. He shall 6 have all of the powers, rights, privileges and obligations of a Councilmember. He shall be recognized as the head of city government for all ceremonial and legal purposes and he shall execute and authenticate legal instruments requiring his signature as such official." "YES NO QUESTION NO. 3: - Limiting the terms of members of permanent boards and commission to two (2) consecutive terms Shall Section 8.2 of the Home Rule Charter of the city of Aspen, Colorado, be amended by the addition of the itali- cized language limiting the terms of members of permanent boards and commissions to not more than two (2) consecutive terms such that such Section 8.2 would read as follows: No member of the City Council, the mayor, any City employee nor any appointed City official, shall serve on any per- manent board or co~mission heretofore established or hereafter established by Council during his or her tenure as Councilperson, Mayor, City employee or appointed official. Every member of a permanent board or commission appointed by Council shall be resident of the City of Aspen for at least two (2) years and ~hall be a qualified elector, with the exception of the B~ard of Appeals and Examiners which shall be composed of members who are either residents of the City of Aspen or of the~County of Pitkin for at least two (2) years. Terms of appointment to such boards and commissions shall not exceed f~ur (4) years. NO member of any such board or com~issioh shall serve more than two (2) terms consecutively." QUESTION NO. 4: - Proposed charter amendment permitting the adoption by reference of City codes, rules andiregulations by reference if approved by resolution of the City Council after notice and~a public hearing thereon which the City CounCil determines.would be unreasonably burdensome to publish because of volume and length Shall Section 4.13iof the Home Rule Charter of the City of Aspen, Colorado, b~ amended by the addition of the itali- cized language per~. itting the adoption of City codes, rules and regulations ifl approved by resolution of the City Council after notice and a public hearing thereon, which the 7 city Council determines would be unreasonably burdensome to publish because of volume and length such that such Section 4.13 would read as follows: "Standard codes, promulgated by the Federal Government, the State of Colorado, or by any agency of either of them, or by any municipality within the State of Colorado, or by recognized trade or professional organizations, or City of Aspen codes, rules or requlations approved by resolution of the City Council after notice and a public hearinq thereon which the City Council determines because of volume and lenHth would be unreasonably burdensome to publish, or amendments or revisions thereof, may be adopted by refer- ence; provided the publication of the ordinance adopting any said code shall advise that copies are available for inspection at the office of the city clerk and provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting ordinance." On each such voting machine there shall be spaces which will permit the elector to indicate his vote "FOR THE CHARTER AMEND- MENT" or "AGAINST THE CHARTER AMENDMENT". Section 7 The election on the question of the amendment to the City Charter shall be held ahd conducted, and the votes cast on the questions aforesaid shall be returned and canvassed, and the result declared in the hame manner as nearly as may be provided by law for the return canvass and the declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 8 Notice of the election on the proposed Charter Amendments shall be published in the Aspen Times, a newspaper published and of general circulation in said City , in the edition of said 8 newspaper dated , 1988, and a copy of such Notice shall be posted at each polling place within the City, at least ten (10) days before the election. The city Clerk is hereby charged with the duty of giving such Notice. Said Notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an Ordinance of the City Council of the City of Aspen, Colorado, at the Special Election to be held in the City on Tuesday, April 5, 1988, between the hours of 7:00 a.m. and 7:00 p.m., and there will be submitted proposed amendments to the Charter of the City as follows: QUESTION NO. 1: - Limiting the terms of Councilmen to not more than two (2) consecutive terms Shall Section 3.2 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language lim~iting the terms of councilpersons to not more than two (2) consecutive terms, such that Section 8.2, as amended, would ~ead as follows: The terms of office for Councilmen shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981, the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections thereafter, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms. Councilmen shall not serve more than two (2) terms consecu- tively." "YES NO QUESTION NO. 2: - Limiting the terms of Mayor to two (2) consecu- tive terms Shall Section 3.3 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the term of the mayor to not more than two consecutive terms providing that such person serving as mayor shall not be prohibited from serving consecutively as mayor and councilman, such that Section 3.3, as amended, would read as follows: The mayor shall be elected at large from the entire City for a term of two (2) years. The candidate receiving the highest number of votes shall be elected mayor. Such person elected mayor shall not serve more than two (2) terms consecutively as mayor, provided that such person shall not be prohibited from servinq consecutively as mayor and councilman. The mayor shall preside at meetings of the Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the City. He shall have all of the powers, rights, privileges and obligations of a Councilmember. He shall be recognized as the head of city government for all ceremonial and legal purposes and he shall execute and authenticate legal instruments requiring his signature as such official." "YES NO QUESTION NO. 3: - Limiting the terms of members of permanent boards and commissions to two (2) consecutive terms Shall Section 8.2 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the addition of the itali- cized language limiting the terms of members of permanent boards and commissions to not more than two (2) consecutive terms such that such Section 8.2 would read as follows: No member of the City Council, the mayor, any City employee nor any appointed City official, shall serve on any per- manent board or commission heretofore established or hereafter established by Council during his or her tenure as Councilperson, Mayor, City employee or appointed official. Every member of a permanent board or commission appointed by Council shall be resident of the City of Aspen for at least 10 two (2) years and shall be a qualified elector, with the exception of the Board of Appeals and Examiners which shall be composed of members who are either residents of the City of Aspen or of the County of Pitkin for at least two (2) years. Terms of appointment to such boards and commissions shall not exceed four (4) years. No member of any such board or commission ~hall serve more than two (2) terms consecutively." QUESTION NO. 4: - Proposed charter amendment permitting the adoption by reference of City codes, rules and regulations by reference if approved by resolution of the City Council after notice and a public hearing thereon which the City Council determines would be unreasonably burdensome to publish because of volume and length Shall Section 4.13 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the addition of the itali- cized language permitting the adoption of City codes, rules and regulations if approved by resolution of the City Council after notice and a public hearing thereon, which the city Council determines would be unreasonably burdensome to publish because of volume and length such that such Section 4.13 would read as follows: "Standard codes, promulgated by the Federal Government, the State of Colorado, or by any agency of either of them, or by any municipality within the State of Colorado, or by recognized trade or professional organizations, or City of Aspen codes, rules or requlations approved by resolution of the City Council after notice and a public hearing thereon which the City Council determines because of volume and length would be unreasonably burdensome to publish, or amendments or revisions thereof, may be adopted by refer- ence; provided the publication of the ordinance adopting any said code shall advise that copies are available for inspection at the office of the city clerk and provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting ordinance." The election on the proposed amendments to the Charter will be held at the following polling place between the hours of 7:00 a.m. and 7:00 p.m.: Aspen City Hall, 130 South Galena Street, Aspen, Colorado. Those electors who are otherwise fully qualified to vote on said questions at such election, but who are or will be 11 unable to appear at the polling place on the date of the election, may apply in writing at the office of the city Clerk, City Hall, for an absentee ballot, at any time during business hours, on or before the day of , 1988. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal offices. IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this day of , 1988. Kathryn S. Koch, City Clerk Published in: Aspen Times Published on: 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 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 12 A public hearing on the ordinance shall be held on the day of , 1988, 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 day of , 1988. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1988. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 13