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HomeMy WebLinkAboutordinance.council.042-03 ORDINANCE NO. q' L- (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY AMENDING SECTION 2.5 TO ADOPT BY REFERENCE THE PROVISIONS OF STATE STATUES FOR RECALL PROCEDURES; AMENDING SECTION 4.9 TO CHANGE THE EFFECTIVE DATE OF ORDINANCES AFTER THEIR ADOPTION; AND, BY AMENDING ARTICLE V TO ADOPT BY REFERENCE THE PROVISIONS OF STATE STATUTES FOR INITIATIVE AND REFERENDUM. WHEREAS, Article V, Section l(9) of the Colorado Constitution reserves the powers of initiative and referendum to the registered electors of every city, town, and municipality as to all local, special, and municipal legislation of every character in and for their respective municipalities; and WHEREAS, said constitutional reservation of power includes the right of municipalities to provide the manner of exercising the initiative and referendum powers as to their mtmicipal legislation; and WHEREAS, pursuant to said constitutional power, Article V of the City of Aspen City Charter, adopted by the people of the City of Aspen on June 16, 1970. provides for the manner of exercising said power; and WHEREAS, in 1995 the State Legtslature enacted Article I l of Title 31 of the Colorado Revised Code in order ro set forth the procedures for exercising the initiative and referendum powers reserved m the municipal electors in subsection (9) of section 1 of Article V of the state constitution; and WHEREAS, the City Council desires ro adopt by reference the provisions of the state statutes relating to the manner of exercising the powers of in/tiative and referendum with certain exceptions; and WHEREAS, section 4, Article XXI of the state constitution provides that the registered electors of every municipality shall have the power to recall their elected officials; and WHEREAS, the City Council desires to adopt by reference the provisions of the state statutes relating to the procedures for recall of officers; and WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the City Charter in the manner provided by the state-constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 2.5 of the Home Rule Charter of the City of Aspen shall be and hereby is amended as follows: Section 2.5 Recall. Any elected officer of the City may be recalled at any time after six (6) months in office by the electors entitled to vote for a successor of such incumbent through the procedure and in the manner provided for in Article XXI of the Constitution and Part 5, Article 4 of Title 31 of the Colorado Revised Code, as may be amended from time to time. Any five (5) qualified electors may commence recall proceedings by filing with the clerk an affidavit stating that they will constitute the petitioner's committee and be responsible for circulating the petition and filing it in proper form, and stating the name and address of one person to which all notices to the committee are to be sent. Section 2. That Section 4.9 of the Home Rule Charter of the City of Aspen shall be and hereby is amended as follows: Section 4.9 Form of ordinance. Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Except as otherwise provided in this article, all ordinances shall take effect thirty days after final passage or a later date as specified in the ordinance. Section 3. That Article V of the Home Rule Charter of the City of Aspen shall be and hereby is amended as follows: ~ ARTICLE V. INITIATIVE AND REFERENDUM Section 5.1. General authority. (a) Initiative. The registered electors of the City may initiate a proposed ordinance, pursuant to the initiative power reserved by Article V, Section 1(9) of thc State Constitution, as to any legislative matter winch is subject to said legislative power. (b) Referendum. The registered electors of the City may require an adopted ordinance to be referred to them at an election, pursuant to the referendum power reserved by Article V, Section 1(9) of the State Constitution, to the extent the ordinance constitutes a legislative matter that is subject to said referendum power. Section 5.2. Manner and procedure for exercising the powers of initiative and referendum. The manner and procedure for exercising the powers of initiative and referendum shall be as set forth in Article 11 of Title 31 of the Colorado Revised Statutes, as may be amended bom time to time by the state legislature; except as otherwise provided in this Charter. Section 5.3, Exceptions to State Statutes. Notwithstanding any language to the contrary contained in Article 11 of title 31 of the Colorado Revised Statutes, as amended, the following manner and procedure shall apply for exercising the powers of initiative and referendum in the City: (a) Number of signatures. Initiative petitions must be sigued by electors of the City in number to at least fifteen (15) percent of the total number of electors registered to vote at the last general municipal election. Referendum petitions must be signed by electors of the City in number to at least ten (10) percent of the total number of electors registered to vote at the last general municipal election. (b) Supplementing petitions. An original petition certified insufficient for lack of the required number of valid signatures may be amended once if alt persons designated in the original petition as representing the signers on matters affecting the petition file a notice of intent to amend it with the city clerk within two (2) days after receiving the copy of the certificate and file a supplementary petition upon additional fom~s within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of state statutes for the form of the original petitions, and five (5) days after it is filed, the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to all persons designated in the petition as representing the signers on matters affecting the petition as in the case of an original petition. Upon the filing of a notice of intent to amend, the ordinance shall be suspended from taking effect as provided by state statute upon the filing of an original petition. Section 5.4. Amendments or repeal of adopted or repealed ordinances. An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this article, or if submitted to the electorate by the council on its own motion. Section 5.5. Submission by council. The council on its own motion, shall have the power to submit at a general or special election any proposed ordinance or question to a vote of the people in a manner as in this article provided. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional m a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent prowsion and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 6. That this ordinance shall become effective only upon approval of the electorate of the City of Asp~ at a regular or special election held Pursuant to Section 13.10 of the Home Rule Charter of the City of Aspen. A public hearing on the ordinance shall be held on theoQ~ day of ~.c~t~, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council ofthe City ofAspen on the // dayof ~t.~.,P' ,2003. ATTEST: ~ rathryn S. ~h', ~-~ty Clerk FINALLY adopted, passed and approved this ,~ ~ day of ATTEST: Kathry~ S. ~I~, Cit½ ~le~k - ' JPW-08/18, 2003-G: ,john\word\ords xharter-amd-initiative.doc