HomeMy WebLinkAboutordinance.council.038-07ORDINANCE N0. 38
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTIONS 2.7 AND 3.2 OF THE CITY OF ASPEN HOME RULE
CHARTER TO REQUIRE COUNCIL TO ADOPT INSTANT RUN-OFF VOTING
PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL AND
TO REQUIRE MEMBERS OF COUNCIL TO BE ELECTED BY MAJORITY VOTE.
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
to require members of council to be elected by majority vote; 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Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and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.
Page 1 of 3
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.
Section 2:
The third sentence of Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby
amended to read as follows:
At all municipal elections thereafter, the two (2) candidates receiving the highest number of
votes shall be elected for a four year term, provided that the candidate receives fifty percent
(50%) plus one vote or more of the of votes cast.
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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 general municipal election to be held on November 6, 2007, of the following ballot title:
Instant Run-off Voting, Council Members to be Elected by Majority Vote
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; and to amend
Section 3.2 to require members of Council to be elected by majority vote?
Page 2 of 3
Yes [ ]
No [ ]
A public hearing on this ordinance shall be held on the 4th day September, 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
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13`" day of August 2007.
Attest:
~~ G/~~Nv``V`~
Kathryn $. oc ,City Clerk Michael C. Ireland, Mayor
FINALLY adopted, passed and approved this ~ day of 7~~~~~~2 07.
Attest:
Kathryn S. h, City Clerk
~~~ ~~
Michael C. Ireland, Mayor
Page 3 of 3