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Home My WebLink Aboutordinance.council.035-07 ~-.",.~~..."..-;..~ -:J.c..._'. ORDINANCE NO. ~:) (SERIES OF 2007) (V~ ",-r;;J IMloftftl O~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2.7 OF TITLE II OF THE CITY OF ASPEN HOME RULE CHARTER REQUIRING INSTANT RUN-OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to require instant run-off voting procedures for the election of Mayor and members of Council; 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 amendments to the electorate; and, WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the City Charter in the manner prescribed by the state constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1: Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and readopted to read as follows: Section 2.7. Instant run-off voting procedures. The City Council shall, by ordinance, establish instant run-off voting procedures to be used for the election of Mayor and members of Council when run-off elections are required by this Charter. Page I of3 .,--,.-.'" ,<<~_,_~-",'-~~'-~~~-~"~ Section 2: 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.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 3: 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: This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the general municipal election to be held on November 6,2007, of the following ballot title: Shall Ordinance No. , Series of 2007, be approved to amend Section 2.7 of the City of Aspen Home Rule Charter to require City Council to adopt and implement instant run-off voting procedures for the election of Mayor and members of Council? Yes [] No [] A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Page 2 of3 ~ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of August 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted as amended, passed and approved this 27th day of August, 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor JPW- saved: 7/19/2007_539_G:~ohn\word\ords\charter-amd.Nov - 2007-c.doc Page 3 of3 ,-~"--"--,,,,-,;,''''''>'' ,-,.--,'"-"---~-~'-~'-~~'-~-'--'--- , ORDINANCE NO. ~ (SERIES OF 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 3.3 OF TITLE III OF THE CITY OF ASPEN HOME RULE CHARTER AMENDING THE TERM OF OFFICE FOR MAYOR FROM TWO YEARS TO FOUR. WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to change the term of the office for Mayor from two years to four; 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 amendments to the electorate; and, WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the City Charter in the manner prescribed by the state constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Section 1: Section 3.3 of Article III of the Home Rule Charter of the City of Aspen shall be and hereby is amended to read as follows: Section 3.3. Mayor. The mayor shall be elected at large from the entire city for a term of four (4) years. The candidate receiving a majority of the votes cast for the office shall be elected mayor. In the event that no candidate shall have received a majority of the votes cast for the office, then a run-off election shall be held in accordance with section 2.7. Page 1 of3 ; The mayor shall preside at meetings of the council and shall exercise such powers and perform such duties as are or may be conferred and imposed upon him by this Charter of the ordinances of the City. He or she shall have all of the powers, rights, privileges and obligations of a member of council. He or she shall be recognized as the head of the city government for all ceremonial and legal purposes and he or she shall execute and authenticate legal instruments requiring the mayor's signature as such official. Section 2: 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 3: 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: This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the general municipal election to be held on November 6, 2007, of the following ballot title: Shall Ordinance No. , Series of2007, be approved to amend Section 3.3 of the City of Aspen Home Rule Charter to change the term of office for Mayor from two years to four? Yes [] No [] A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado Page 2 of3 ,.,~-.,._.",",,_.~,_._._- , INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of August 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted as amended, passed and approved this 27th day of August, 2007. Attest: Michael C. Ireland, Mayor Kathryn S. Koch, City Clerk JPW. saved: 7/19/2007_646.G:~ohn\word\ords\charter-amd-Nov - 2007-b.doc Page 3 of3