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ORDINANCE N0. 34
(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 maybe enacted by
the state genera] 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.
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The mayor shall preside at meetings of the council and shall exercise such powers and
perform such duties as are or maybe 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action or proceeding now pending under or by virtue of the ordinances repealed or amended as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 of 2007, 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 yeazs 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
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13`h day of August 2007.
Attest:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
day of
2007.
Michael C. Ireland, Mayor
JP W-saved: 7/19/2007fi46-G:\john\wordWrds\charter-amd-Nov - 2007-b.doc
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