HomeMy WebLinkAboutordinance.council.009-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 9.04 OF THE ASPEN MUNICIPAL CODE, SECTION 9.04.020
RELATING TO DISCLOSURE AND REPORTING REQUIREMENTS APPLICABLE
TO CITY CANDIDATES, POLITICAL COMMITTEES AND ISSUE COMMITTEES
ORDINANCE NO. 9
(Series of 2013)
WHEREAS, the electors and governing boards of home rule cities are vested by article XX, §6
of the Colorado Constitution, and the Municipal Home Rule Act of 1971, §§ 31-2-201 to 225 of
the Colorado Revised Statutes ("C.R.S."), as amended, with the constitutional and statutory
authority to adopt home rule charters and enact ordinances, establishing the organization and
structure of City government;
WHEREAS, §1-45-116, C.R.S., of the Colorado Fair Campaign Practices Act, states, in
pertinent part:
Any home rule county or municipality may adopt ordinances or charter
provisions with respect to its local elections that are more stringent than any of the
provisions contained in this act.
WHEREAS, the manner of electing City officers and of financing political campaigns
supporting or opposing candidates for City office and ballot issues and ballot questions referred
to or initiated by City electors for a vote of the entire City electorate, are matters affecting the
organization and structure of City government and are matters affecting the elective franchise
and potential abuses of the elective franchise; and, therefore are within the constitutional and
statutory authority of City electors and the governing board to regulate by duly adopted home
rule charter or ordinance;
WHEREAS, the City of Aspen has been organized and operating as a home rule city by virtue
of the adoption of the City of Aspen Home Rule Charter(the "Charter") on June 16, 1970;
WHEREAS, as a result of its status as a home rule city, the City of Aspen has a forty-two year
tradition and culture acknowledging the value and importance of transparency and disclosure in
the financing of campaigns in local elections;
WHEREAS, the purpose of this Ordinance is to require that the names of all campaign donors
be reported regardless of the amount of donation.
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. Ks
• Text being added is bold and underline. Text being added looks like this
• Text which is not highlighted is not affected; and
WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That Title 9, Section 9.04.020 of the Municipal Code of the City of Aspen is hereby
amended by adding the following:
The campaign treasurer, shall prepare, maintain,keep and file records of
contributions and expenditures as required by the Act.Notwithstanding any
provision within the Act to the contrar a candidate or candidate committee ma
receive Lip to two hundred fifty dollars in non-itemized contributions of less than
twent y dollars. Upon receipt of two hundred fifty dollars in non-itemized
contributions the record of contributions filed pursuant to the Act shall include
the names and addresses of all contributors regardless of amount In the event that
the provisions of this Chapter are inconsistent with the provisions of the Act,the
more stringent shall apply.
Section 2: Severability.
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 3: Existing Litigation.
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:
A public hearing on this ordinance shall be held on the 8th day of April, 2013, 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 5: Effective Date.
This Ordinance shall be effective commencing on the 1St day of July, 2013.
INTRODUCED,READ AND PUBLISHED as provided by law,by the City Council of the City of
Aspen on the 11th day of March,2013.
Att st:
Kathryn S. ch,City Clerk Michael C. Ireland,May r
FINALLY, adopted,passed and approved this &day of 2013.
Attest:
athryn S. K , City Clerk Michael C. Ireland, Mayor
Approved as to form:
ity Attorney
1
C/ -
Ad Name: 8978079A LEGAL NoTI E f
Customer: Aspen (LEGALS City f ORDINANCE Series 2013 PUBLIC HEARING
Y Ordinance#9,Series of 2013,was adopted on first
reading at the City Council meeting March 11,
Your account number: 1013028 2013. This ordinance,if adopted will approve code
amendments regarding small campaign contribu-
tions. The public hearing on this ordinance is
scheduled for March 18,2013,at 5 PM,City hall,
130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
UZI TIM website
ht ://w ww,as,enpitkin.com/Departments/Clerk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on March
14,2013. [8978079]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado,and has a general circulation therein; that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 3/14/2013 and that the last publication of
said notice was in the issue of said newspaper dated
3/14/2013.
In witness whereof,I have here unto set my hand
this 03/18/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 03/18/2013.
971 aA,J �. jJo
Mary E.Borkenhagen,Notary Public
,, ,hey,Commission expires:September 12,2015
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