HomeMy WebLinkAboutordinance.council.006-75RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1975)
AN ORDINANCE ESTABLISHING MUNICIPAL CANDIDATES' AGE AND
RESIDENCY REQUIREMENTS; SETTING THE MINIMUM AGE OF EIGHTEEN
YEARS; REQUIRING RESIDENCY WITHIN THE CITY FOR TWELVE (12)
CONSECUTIVE MONTHS BEFORE THE DATE OF THE ELECTION; AND
PROVIDING THAT IN THE CASE OF ANNEXATION, RESIDENCY FOR THE
REQUISITE PERIOD WITHIN THE ANNEXED PERIOD WILL SATISFY THE
REQUIREMENTS HEREIN IMPOSED
WHEREAS, the colorado Supreme court did in Cowan, et
al. v. City of Aspen, I~o. 24995, decided May 3, 1973, invalidate
the three year residency requirement for candidates for municipal
office as contained in Sec. 3.5 of the Aspen Home Rule Charter,
and
WHEREAS,in lieu thereof the Court did apply the one
year residency requirement contained in Sec. 49-24-20 of the
colorado Municipal Election code pursuant to the directive
of Sec. 2.1 of said Charter, and
WHEREAS, to avoid confusion in interpretation and
otherwise make clear the requirements for candidacy, the City
Council wishes to specify the same,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
Every qualified elector eighteen years of age or older
on the date of election may be a candidate for and hold the
office of councilman or mayor, provided he has resided within
the city of Aspen for a period of at least twelve (12) consec-
utive months immediately preceding the date of election. In case
RECORD OF PROCEEDINGS
100 Leaves
of annexation, any person who has resided within the terriroty
annexed for the prescribed time shall be deemed to have met the
residency requirements hereinabove imposed.
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such in-
validity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid pro-
visions or applications, and to this end the provisions or
applications of this ordinance are declared to be severable.
Section 3
A public hearing on this ordinance shall be held on the
1975, at 5 P.M. in the city
?/ day of _~ ~-~ -'
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, at its regular
meeting held January 27, 1975.
ATTEST:
i{athryn ~auter
City clerk
FINALLY ADOPTED AND APPROVED ON
ATTEST:
Kathryn ~auter
City clerk
Stacy s~ndley ,~ ~
Mayor~ ~ /
-2-
1975.
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~ ~._
reading at a regular meeting of the City Council of the
City of Aspen on /~7~ f~.~. ×'~ , 197.~, and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of '~~ , 197 'D , and was finally adopted
and approved at a regular meeting of the City Council on~
~~. /~ , 197~--, and ordered published as
Ordinance No. ~ , Series of 197 ~--, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen,'Colorado, this //~
day of /z~o~_~_~_ , 197~~-~.
KathrYn Sf Hau~er, City Clerk