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HomeMy WebLinkAboutordinance.council.053-75RECORD OF PROCEEDINGS 100 Leaves OR NANC UO. (Ser±es of 1975) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD , 1975, A PROPOSED AMENDMENT TO THE ASPEN HOME RULE CHARTER WHICH WOULD PERMIT ABSENTEE VOTING BY MEMBERS OF THE CITY COUNCIL WHEREAS, the City Council has determined that absentee voting will facilitate its proceedings and enhance participation by its members, and the City Council wishes to amend the Aspen Home Rule Charter to recognize absentee voting by proxy, and WHEREAS, the City Council wishes to submit this proposed Charter Amendment at a Special Municipal Election to be held on Tuesday, , 1975, and to provide for the necessary publication thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at a Special Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the __day of , 1975, there shall be submitted to a vote of the qualified, registered electors of the City an amendment to the Charter of the City of Aspen concerning Section 4.7 thereof, relating to absentee proxy voting, all as set forth below and as more particularly stated in the form of Ballot Label and Notice of Election hereinafter set forth: FORM OF QUESTION QUESTION SUBMITTED "Shall the Charter of the City of Aspen, Colorado, be amended by the repeal of Section 4.7 thereof and its re- enactment as follows: RECORD OF PROCEEDINGS 100 Leaves "Section 4.7 .Votin.~. The vote by "Yes" and "No" shall be taken upon the passage of all ordinances and resolutions, and entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the majority of the entire council voting in person or by proxy. Resolution and motions shall require the affirmative vote of a majority of the members present. Voting by proxy is authorized when a written proxy, containing the notarized signature of an absent member and specifying which agenda items are covered and directing a particular vote thereon, is addressed to, held, and exercised by the mayor or councilman present at the meeting. All proxies shall be tender- ed to the City Clerk prior to voting for the purposes of verification and retention as permanent record. No member of the council shall vote on any question in which he has a substantial personal or financial interest, other than the common public interest, or on any question concerning his own conduct, and in said instances the member shall disclose this interest to the council. On all other questions each member who is present shall vote when his name is called, and shall respond for an absent member if a proper proxy is held by him. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office." Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed amendments to the City Charter. Section 3 The election on the proposed Charter Amendment will be held at the following polling places within the established precincts between the hours of 7 A.M. and 7 P.M. on , 1975, in the City of Aspen, Colorado: POLLING PLACES Precinct 1 - St. Mary's Catholic Church, 533 East Main Street Precinct 2 - Aspen Intermediate School, 110 East Hallam Street -2- RECORD OF PROCEEDINGS 100 Leaves Precinct 3 - Villa of Aspen, 207 North Seventh Street Section 4 The election on the proposed amendments to the city Charter shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions for registration of electors and for voting by absentee ballot on the question of the Charter Amendments shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election, except those cast by absentee voters, shall be registered on (voting machines) (paper ballots) at each of the poling places. The Ballot Label shall read as follows: "FOR Shall Colorado, AGAINST the Charter of the City of Aspen, be ~amended by the repeal of Section 4.7 thereof and its reenactment as follows: "Section 4.7 Voting The vote by "Yes" and "No" shall be taken upon the passage of all ordinances and resolutions, and entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the majority of the entire council voting in person or by proxy. Resolution and motions shall require the affirmative vote of a majority of the members present. Voting by proxy is authorized when a written proxy, con- taining the notarized signature of an absent member and specifying which agenda items are covered and directing a particular vote thereon, is addressed to, held, and exercised by the -3- RECORD OF PROCEEDINGS 100 Leaves mayor or councilman present at the meeting. Ail proxies shall be tendered to the City Clerk prior to voting for the purposes of verification and retention as permanent re- cord. No member of the council shall vote on any question in which he has a substantial personal or financial interest, other than the common public interest, or on any question concerning his own conduct, and in said in- stances the member shall disclose this interest to the council. On all other questions each member who is present shall vote when his name is called, and sh~ll respond for an absent member if a proper proxy is held by him. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office." On each such (voting machine) (paper ballot) there shall be ~ounters) (spaces) which will permit the elector to indicate his vote "FOR THE CHARTER AMENDMENT" or "AGAINST THE CHARTER AMENDMENT." The absentee votes cast as said election shall be registered upon paper ballots, which shall contain the same proposition relating to the charter amendment question set forth above, and a space on the ballot which will allow each elector to place a cross mark (X) opposite the words express- ing his or her choice, either "FOR THE CHARTER AMENDMENT" or "AGAINST THE CHARTER AMENDMENT." Section 7 The election on the question of the amendments to the City Charter shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declaration of the result of votes cast at the general election of mur~ipal officers of the City of Aspen. -4- RECORD OF PROCEEDINGS 100 Leaves Section 8 Notice of the election on the proposed Charter Amendment shall be published in the Aspen Times, a newspaper published and of general circulation in said City, in the edition of said newspaper dated , 1975, and a copy of such Notice shall be posted at each polling place with- in the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such Said Notice shall be in substantially the following Notice. form: "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT OF THE CITY OF ASPEN, COLORADO AT THE SPECIAL MUNICIPAL ELECTION , 1975 PUBLIC NOTICE IS HEREBY GIVEN THAT, pursuant to and ordinance of the City Council of the city of Aspen, colorado, a Special Municipal Election will be held in said City on Tuesday, the __day of , 1975, between the hours of 7 A.M. and 7P.M., and there will be submitted a pro- posed amendment to the Charter of the City as follows: "Shall the Charter of the City of Aspen, Colorado, be amended by the repeal of Section 4.7 and reenactment as follows: "Section 4.7 Voting The vote by "Yes" and "No" shall be taken upon the passage of all ordinances and resolutions, and entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the majority of the entire council voting in person or by proxy. Resolution and motions shall require the affirmative vote of a majority of the members present. Voting by proxy is authorized when a written proxy, containing the notarized signature of an absent -5- RECORD OF PROCEEDINGS 100 Leaves member and specifying which agenda items are covered and directing a particular vote there- on, is addressed to, held, and exercised by the mayor or councilman present at the meeting. All proxies shall be tendered to the city Clerk prior to voting for the purposes of verif- ication and retention as permanent record. No member of the council shall vote on any question in which he has a substantial personal or financial interest, other than the common public interest, or on any question concerning his own conduct, and in said instances the member shall disclose this interest to the council. On all other questions each member who is present shall vote when his name is called, and shall respond for an absent member if a proper proxy is held by him. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office. The election on the proposed amendment to the Charter will be held at the following polling places, between the hours of 7 A.M. and 7 P.M.: POLLING PLACE Precinct 1 - St. ~ry's Catholic Church, 533 East Main Street Precinct 2 - Aspen Intermediate School, 110 East Hallam Street Precinct 3 - Villa of Aspen, 207 North Seventh Street Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the polling place on the date of election, may apply in writing at the office of the city Clerk, at the City Hall, for an absentee ballot, at any time during business hours, on or before the day of , 1975. The votes cast shall be recorded on (voting machines) (paper ballots) and paper ballots shall be provided for absentee voters, and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this __day of 1975. -6- RECORD OF PROCEEDINGS 100 Leaves Published in. Published on Section 9 Aspen Times Kathryn Hauter, City Clerk , 1975." If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 10 A public hearing on the ordinance shall be held on the day of , 1975, at 1 P.M. in the City Council Chambers, City Hall Building, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado, on the day of , 1975. ATTEST: ~S~acy Standley III, Mayor Kathryn Hauter, City Clerk READ, APPROVED AND ADOPTED THIS 1975, by the Aspen City Council. day of ATTEST: ~tacy Standley III, ~[ayor Kathryn Hauter, city Clerk -7-