HomeMy WebLinkAboutordinance.council.020-10ORDINANCE NO. 20
(SERIES OF 20 10)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING
SECTIONS 2.7, 3.2, AND 3.3, TO ELIMINATE INSTANT RUN -OFF VOTING
PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL;
AND, TO RE- INSTATE THE JUNE RUN -OFF ELECTION PROCEDURES IF
CANDIDATES FOR THE OFFICE OF MAYOR FAIL TO RECEIVE FIFTY PERCENT
(50 %) PLUS ONE, OR MORE, OF THE VOTES CAST; OR, IF CANDIDATES FOR THE
OFFICE OF CITY COUNCIL FAIL TO OBTAIN FORTY -FIVE PERCENT (45 %) PLUS
ONE, OR MORE, OF THE VOTES CAST FOR THAT OFFICE.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
eliminate instant run off voting procedures and re- instate previously used run -off elections for
the election of the offices of Mayor and members of Council, and;
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
amend the requisite votes needed to be elected to the office of Mayor and member 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 Charter of the City of Aspen authorizes amendments
to the City Charter in the manner prescribed by the state constitution.
Page 1 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL THAT:
Section I:
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety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. Run -off elections
In the event a run -off election is necessitated for the offices of mayor or member of
Council, said election shall be held the first Tuesday in June following the municipal
election. The run -off election shall be held in the same manner as the municipal election,
except:
(a) Certificate of candidates and publication of election notice shall be on or before the
tenth (10 day before the run -off election.
(b) If a run -off for mayor is required, the two (2) persons with the highest number of
votes for mayor in the municipal election shall appear on the ballot for mayor.
(c) If a run -off election is required for two vacancies for City Council, then the four (4)
persons with the highest number of votes for the office of member of Council in the
municipal election shall appear on the ballot for members of Council. The two
persons receiving the highest number of votes in the run -off election shall be elected
for a four year term. In this event, each voter shall be allowed to cast two votes for
the office of member of Council.
(d) If a run -off election is required for one vacancy for the office of member of Council
then the two (2) persons with the highest number of votes for that office in the
municipal election shall appear on the ballot for member of Council. The person
receiving the highest number of votes in the run -off election shall be elected for a
four year term. In this event, each voter shall be allowed to cast one vote for the
office of member of Council.
(e) The names of candidates shall be arranged in the same order as they appeared in the
municipal election.
As soon as the polls are closed after every run -off election, the judges shall determine
the number of votes cast for each candidate and make return thereof to the city clerk and the
candidates receiving the greatest number of votes cast at said election shall be declared
elected.
Page 2 of 5
As soon as the polls are closed after every run -off election, the judges of election shall
immediately lock and seal each voting machine or ballot box against further voting and each
such machine or ballot box shall remain so locked unless as otherwise provided by law.
Section 2:
Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.2 Terms of office for members of Council.
The terms of office for members of Council shall be for four (4) years. Each voter shall
be allowed to vote for two candidates for the office of member of Council. At all municipal
elections, the two (2) candidates receiving the highest number of votes shall be elected for a
four year term, provided that the candidate receives forty -five percent (45 %) plus one vote, or
more, of the votes cast for the office ( "votes cast for the office" shall be calculated by dividing
the sum of all votes cast for all city council candidates by two (2)) In the event that the number
of elected candidates shall be less than the number of vacancies following the municipal
election, the run -off election shall be held in accordance with Section 2.7.
Section 3•
Section 3.3 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to
read as follows:
Section 3.3 Mayor.
The mayor shall be elected at large for the entire city for a term of two (2) years.
The candidate receiving the highest number of votes shall be elected mayor, provided that
the candidate receives fifty percent (50 %) plus one vote, or more, of the votes cast for the
office of mayor. In the event that no candidate shall have received fifty percent plus one
vote, or more, of the votes cast for the office of mayor, then a run -off election shall be held
in accordance with Section 2.7.
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 or her by
this Charter or 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 government for all ceremonial and legal purposes and he or she shall execute and
authenticate legal instruments requiring his or her signature as such official.
Page 3 of 5
Section 4.
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 5.
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 6:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the special municipal election to be held on November 2, 2010, of a ballot question in substantially
the form that follows:
CITY OF ASPEN REFERENDUM NO.
AMENDMENT TO CITY CHARTER — REPLACE IRV WITH JUNE RUN OFF
VOTING PROCEDURES. c
Shall Ordinance No. 20, Series of 2010, be approved? Ordinance No. 20, Series of
2010, if approved, amends sections 2.7, 3.2 and 3.3 of the City of Aspen Home Rule
Charter to eliminate instant run -off voting procedures and re- instate previously used
run -off procedures in June for the election of mayor and members of Council if
candidates for the office of mayor do not receive fifty percent (50 %) plus one votre, or
more, of the total votes cast for the office of mayor; or if candidates for city council do
not receive forty -five percent (45 %), plus one vote or more, of the total votes cast for
the office.
Yes [ ]
No [ ]
Page 4 of 5
A public hearing on this ordinance shall be held on the 23 day of August 2010, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
Section 6:
The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance
in a newspaper of general circulation within ten (1) days, or as soon as possible thereafter as
possible.
INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by
the City Council of the City of Aspen on the 9` day of August 2010.
Attest:
Kathryn S. Koc , City Clerk
Michael C. Ireland, May
FINALLY adopted, passed and approved this 24` day of August 2010.
Attest:
4 d Sri - %
Kathryn S.' o # City Clerk Michael C. Ireland, Mayor
charter -amd- 2010- run-off -a.doc
Page 5 of 5
PUBLIC NOTICE
5427849 ORDINANCE NO. 20
I (SERIES OF 2010)
PROOF OF PUBLICATION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE
CITY CHARTER OF THE CITY OF ASPEN BY REPEALING SECTION 2.7 TO ELIMINATE INSTANT
RUN -OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL;
AND, TO RE- INSTATE THE JUNE RUN -OFF ELECTION PROCEDURES IF CANDIDATES FOR THE
OFFICES OF CITY COUNCIL OR MAYOR FAIL TO RECEIVE FORTY PERCENT (40 %), OR MORE, OF
8S THE VOTES CAST.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to eliminate instant
run off voting procedures and re- instate previously used run-off elections for the election of the offices of
Mayor and members of Council, and;
WHEREAS, the e to Council desires to amend the City of Aspen Home Rule Charter to amend the o requi-
site votes tes n , nese tled d be el to be elected to the office of Mayor and member 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 assem-
bl d
STATE OF COLORADO, COUNTY OF PITKIN vy the state legislature has enacted Section 31 -2 -210, C.R.S., which section seta forth the pro-
cedures 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 Charter of the City of Aspen authorizes amendments to the City
Charter in the manner prescribed by the state constitution.
I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT:
TIMES WEEKLY, that the same weeldy newspaper printed, in whole or in Section 1:
part and published in the County of Pitkin, State of Colorado, and has a readopted
Section t of ead as folll of home Rule Charter of the City of Aspen is repealed In its entirety and
Section 2.7. Run -off elections
general circulation therein; that said newspaper has been published In the event a run -off election is necessitated for the offices of mayor or member of Council, said election
shall be held the first Tuesday in June following the municipal election. The run -off election shall be held
continuously and uninterruptedly in said County of Pitkin for a period of in the same man" eras the municipal election, except:
more than fifty-two consecutive weeks next prior to the first publication of (a) certificate of candidates and publication of election notice shall be on or before the tenth (10th) day
before the run -off election.
the annexed legal notice or advertisement. (b) If a run -of for mayor is required, the two (2) persons with the highest number of votes for mayor in the
municipal election shall appear on the ballot for mayor.
(c) If a run -off election is required for two vacancies for City Council, then the four (4) persons with the
That hat the annexed legal notice or advertisement was published in the regular highest number of votes for the office of member of Council in the municipal election shall appear on the
ballot for members of Council. The two persons receiving the highest number of votes in the run -off elec-
and entire issue of every number of said daily newspaper for the period of 1 bon shall be elected for a four year term. In this event, each voter shall be allowed to cast two votes for the
office of member of Council.
consecutive insertions; and that the first ublication of said notice was in the
p If a he g hion is required totone vacancy for hoff ice cf member n( Council then the two (2)
issue of said newspaper dated 8/15/2010 and that the last publication of said
persons sons ir" the uncThe number
of votes for that office in the municipal o election
in the i hehull appear on the ballot
for member er of Council. The person receiving , the high number of votes toc run-oft o election office ll be
be
elected for a four ur year il. year term. In this event, each voter ter shall ll be er be allowed to cast at one vote e for the e office of
notice was in the issue of said newspaper dated 8/15/2010. member of Council.
In witness whereof, I have here unto set my hand this 24th day of August, election. "amen °' candidates shat be are "gad'n the same order as they appeared in the municipal
2010. As soon as the polls are closed after every run-off election, the judges shall determine the number of
votes cast for each candidate and make return thereof to the city clerk and the candidates receiving the
greatest number of votes cast at said election shall be declared elected.
As soon as the polls are closed after every run -off election, the judges of election shall Immediately lock
and seal each voting machine or ballot box against further voting and each such machine or ballot box
shall remain so locked as provided by law.
Section 2'.
�r�w �! Section 3.2 of Article III of the Home Rule Charter of the City of Aspen is hereby amended to read as
follows:
Jenn. eatherre't, • .usher Section 3.2 Terms of office for members of Council.
The terms of office for members of Council shall be for four (4) years. Each voter shall be allowed to vote
for two candidates for the office of member of Council. At all municipal elections, the two (2) candidates
Subscribed and sworn to before me, a notary public in and for the County of receiving the Mee 4) more, or votes of be o for hear ear te provided that the candidate
forty
raceivee b d the e (40%), su percent or sf the votes
cast for the office as cast for the office" shall t b be
cane number by dividing of all 11 votes best for al cos cas t
all city c ucandidates ca ote two (
o ( In the event that
Garfield, State of Colorad this 24th day of August, 2010. the "comber r of °' elected sum ad tucti hall than at f vacancies following the municipal
election, the M1e run-off n -off a sh election n shall be e held eld number in accordance ceo with Section n w n
2.7.
e ion
3'
Section 3.3 of Article III of the Home Rule Charter of the City of Aspen Is hereby amended to read as
follows:
Section 3.3 Mayor.
The mayor shall be elected at large for the entire city for a term of two (2) years. The candidate receiving
the highest number of votes shall be elected mayor, provided that the candidate receives forty percent
• (40 %), or more, of the votes cast for the office of mayor. In the event that no candidate shall have
/ teemed forty percent or more, of the votes cast for the office of mayor, then a run -off election shall be
C /_ • �j held in accordance with Section 2 .7.
The mayor shall preside at meetings of the Council and shall exercise such powers and pertorm such
1� other duties as are or may be conferred and Imposed upon him or her by this Charter or the ordinances of
Mary E. B O enhagen, Notary Public the City. He or she shall have all of the powers, rights prieleges and obligations of a member of Council.
My Commission expires: August 27, 011 H or she shall berecognized as the head gathe government all h gnatu ur re a su h offical
a
or she shall execute and au th he le al h instruments requiring his cis or or her s s
Section 4:
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,
e and the same shall be conducted and concluded under such prior ordinances.
A spen (1 F .A i S) City of Section ay 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 he deemed a separate,
distinct and independent provision and shall not effect the validity of the rem ortions thereof.
Section 6:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at the
special municipal election to be het on November 2, 2010, of a ballot question in substantially the form
that follows'.
CITY OF ASPEN REFERENDUM NO.
AMENDMENT TO CITY CHARTER - RUN OFF VOTING PROCEDURES
Shall Ordinance No. 20, Series of 2010, be approved? Ordinance No. 20, Series of 2010, if approved.
amends sections 2.7, 3.2 and 3.3 of the City of Aspen Home Rule Charter to eliminate instant run -off
voting procedures and re- instate previously used run -off procedures in Junr e election of mayor and
members of Council t candidates for city council or the office of mayor dot ve forty- percent (40 %),
or more, of the total votes oast for the office',
Yes [) No 11
A public hearing on this ordinance shell be het on the 23rd day at August, 2010, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado
Section 6;
The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a
newspaper of general circulation within ten (1) days, or as soon as possible thereafter as possible.
INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City Coun-
cil of the City of Aspen on the 9th day of August 2010.
Attest
/s/Kathryn S. Koch, /st Michael C. Ireland
City Clerk Mayor
Published in the Aspen Times Weekly on August 15, 2010. [5427849]
Ad ID 5511832 Date 108/30/2010 II Time 8:51 AM
PUBLIC NOTICE
ORDINANCE NO. 20
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, AMENDING
THE CITY CHARTER OF THE CITY OF ASPEN
BY AMENDING SECTIONS 2.7, 3.2, AND 3.3, TO
ELIMINATE INSTANT RUN -OFF VOTING PRO-
CEDURES FOR THE ELECTION OF MAYOR
AND MEMBERS OF COUNCIL; AND, TO RE -IN-
STATE THE JUNE RUN -OFF ELECTION PRO-
CEDURES IF CANDIDATES FOR THE OFFICE
OF MAYOR FAIL TO RECEIVE FIFTY PERCENT
(50 %) PLUS ONE, OR MORE, OF THE VOTES
CAST; OR, IF CANDIDATES FOR THE OFFICE
OF CITY COUNCIL FAIL TO OBTAIN FORTY -
FIVE PERCENT (45 %) PLUS ONE, OR MORE,
OF THE VOTES CAST FOR THAT OFFICE.
Copies of this ordinance are available in the office
of the city clerk, 130 South Galena, Aspen,
Colorado, during normal business hours.
FINALLY adopted, passed and approved this
24th day August 2010.
Michael C. Ireland. Mayor
ATTEST:
Kathryn S. Koch
City Clerk
Published in the Aspen Times Weekly on Septem-
ber 5, 2010. [5511832]
Ad shown is not actual print size