HomeMy WebLinkAboutordinance.council.012-93
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ORDINANCE NO. /,2,
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL~ THE CITY OF ASPEN, COLORADO,
REPEALING AND REENACTING SECTION 8-1 OF THE MUNICIPAL CODE ESTAB-
LISHING ELECTION PRECINCTS FOR MUNICIPAL ELECTIONS.
WHEREAS, Section 8-1 of the Municipal Code of the City of
Aspen as adopted in 1971 currently establishes three (3) voting
precincts within the city and calls for no more than one thousand
(1,000) electors within each precinct; and
WHEREAS, Section 2.3 of the Home Rule Charter for the City
of Aspen provides that the City shall constitute one (1) voting
precinct, except when by ordinance city Council has provided for
three (3) or more precincts which shall be substantially equal in
the number of electors; and
WHEREAS, since the adoption of Section 8-1 noted above, the
city has utilized five (5) and seven (7) precincts at various
times for purposes of conducting municipal elections; and
WHEREAS, currently utilized municipal precincts are not
substantially equal in the number of electors due to the addition
of previously unincorporated areas to the City through annexation
and the growth of the municipal population; and
WHEREAS, pursuant to Section 3.1 of the Home Rule Charter,
all councilpersons and the mayor are elected at large from the
entire City, thus, minimizing the need for municipal election
precincts; and
WHEREAS, establishing one municipal voting precinct com-
prised of the entire City instead of several smaller precincts
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will allow more flexibility in the number and selection of elec-
tion polling sites; and
WHEREAS, the city council may establish or amend the number
of municipal voting precincts no less than forty-five (45) days
prior to any municipal election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, as follows:
section 1
That Section 8-1, "precincts", of the Municipal Code of the
city of Aspen, Colorado, is hereby repealed and reenacted to read
as follows:
Section 8-1. Precincts.
There shall be one voting precinct within the city for
purposes of conducting municipal elections, such precinct to
encompass the entire city as defined by the municipal bound-
aries at the time of any given municipal election. Polling
places within the precinct for municipal elections shall be
established by the city clerk from time to time as he or she
may deem necessary and expedient for the convenience of
electors.
Section 2
The city Clerk shall report the establishment of the munici-
pal election precinct as herein provided to the Pitkin County
Clerk and Recorder and a new municipal precinct map shall be
transmitted to the Clerk and Recorder as soon as possible after
the adoption of this ordinance.
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section 3
This ordinance shall not have any effect on existing litiga-
tion 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
construed 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
A public hearing
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on the ordinance shall be held on the -l.:f
, 1993, in the city Council
day of
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the city council
7hdA.-M-
of the City of Aspen on the
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day of
, 1993.
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John '. Bennett, Mayor
ATTEST:
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Kathryn
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FINALLY adopted, passed and approved this ;f~
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ATTEST:
jc34.1
Clerk
, 1993.
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day of
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John . Be:~t~ Mayor