Loading...
HomeMy WebLinkAboutordinance.council.048-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE PROVIDING FOR THE ELECTION OF THE SUCCESSOR OR SUCCESSORS TO A RECALLED COUNCILMAN OR MAYOR AT THE TIME OF SUBMISSION OF THE QUESTION OF RECALL ALL AS PERMITTED BY THE RECENT AMENDMENT OF SECTION 3.8 OF THE ASPEN MUNICIPAL CHARTER. WHEREAS, the City Council by its Ordinance 6, Series of 1974, did establish procedures for the initiation of recall procedures and the setting of an election on the question, more specifically by Sections 6 and 7 of such Ordinance, and WHEREAS, by election duly called and held on October 1, 1974, Section 3.8 "Vacancies", of the Aspen Home Rule Charter was amended as follows: "If three (3) or more vacancies exist simul- taneously or a vacancy occurs because of the recall of a councilman or mayor, the remaining members of the Council shall, at the next regular meeting of the Council, call a special election to fill such vacancies, provided there shall not be a general municipal election within ninety (90) days or that their successors have not previously been elected. Provided, further that the City Council may, by Ordinance, adopt special procedures for the election of the successor to a recalled councilman or the mayor, such election to be held simultaneously with the recall election", and WHEREAS, the City Council wishes to establish the procedures anticipated by the last provision so as to permit STATE m~ COLORADO ) ) SS COUNTY DF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on first _ reading at a regular meeting of the City Council of the October 15 ...,19~4, and publish- City of Aspen on ed in the fspen Times a weekly newspaper of' general circul- ation, published in the City of Aspen, Colorado, in its issue of October 17 ,19~4, and was finally adopted and approved at a regula? meeting of the City Council On October 29 Ordinance No. provided by law. 48 .,1994 , and ordered published as , Series 19~4 , of said City, as IN WITNESS WHEREOF, the seal of said City of Aspen, Colorado, day of October , 19~4 I have hereunto set my hand and this 30th SEAL Lorraine Graves, City Clerk RECORD OF PROCEEDINGS 100 Leaves the submission of the question of a successor at the time of a recall election and simultaneously therewith, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Submission of Question of Successor Whenever there shall be submitted to the electorate the question of the recall of a councilman or mayor pursuant to the procedures established by ordinance 6, Series of 1974 (or amendments thereto), there shall occur, in addition to the requirements of Ordinance 6, the follow- ing: (1) On the official recall ballot, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled, but no vote cast shall be counted for any candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled from office. The name of such person against whom the petition is filed shall not appear on the ballot as a candi- date for the office. (2) If the vote had in such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term. When more than one official is sought to be recalled, and if the term of office of all such incumbents expires at the same -2- RECORD OF PROCEEDINGS 100 Leaves time, all nominations shall be considered as being to elect a successor or successors to any or all of such incumbents as may be recalled. If more than one official is sought to be recalled, and the terms of all do not expire at the same time, then the nominating petitions must specify the unexpired term for which the nominee is a candidate. An elected successor or successors shall take office at the next regular Council meeting. Section 2 Nomination of Candidates Ail candidates for successors to recalled councilmen or mayor shall be qualified candidates and properly nomi- nated and nothing herein shall be construed to modify the qualifications for candidacy or procedures for nomination as otherwise established by law. Section 3 Failure of Successor to be Elected In the event no candidate files a petition to succeed an incumbent subject to recall and the recall question receives a favorable vote, the vacancy created shall be filled by vote of City Council as provided by Section 3.8 of the Aspen City Charter. Section 4 Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applica- tions of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable -3- RECORD OF PROCEEDINGS 100 Leaves Section 5 Public Hearing A public hearing on this Ordinance shall be held on .~?~./~.~ , 1974, at 5:00 p.m. in the City Council Chamber, City Hall, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ATTEST: .... City Clerk Colorado, FINALLY ADOPTED, Council on ~.~--~ ~ ATTEST: PASSED AND APPROVED by the City , 1974. ~ ~acy ~nd~ey III._.._.p / Mayor ~ ~.~ ~ ~'~ity Clerk