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HomeMy WebLinkAboutordinance.council.018-79RECORD OF PROCEEDINGS ORDINANCE NO. 18 (Series of 1979) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AN AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT VACANCIES IN ELECTIVE OFFICES SHALL BE FILLED BY APPOINTMENT BY THE REMAINING COUNCILMEMBERS UNTIL THE NEXT GENERAL MUNICIPAL ELECTION AFTER SUCH VACANCY OCCURS, WHEN SUCH VACANCY WILL BE FILLED BY ELECTION WHEREAS, the City Council of the City of Aspen, Colorado, has determined that it is necessary and advisable to submit to the qualified registered electors of the City of Aspen a proposal modifying the method of filling vacancies in municipal elective offices by providing that such vacancies shall be filled by appointment by the remaining councilmembers, but only until the next general municipal election when such vacancy will be filled by election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the Regular Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the 8th day of May, 1979, there shall be submitted to a vote of the qualified, registered electors of the city the following proposed amend- ment to the Charter of the City of Aspen concerning Section 3.8 thereof, relating to the method of filling vacancies in elective offices, all as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election. FORM OF QUESTION "VOTE FOR OR AGAINST THE FOLLOWING" Shall the Charter of the City of Aspen be amended by the repeal of Section 3.8 thereof and its reenactment as follows: "Section 3.8. Vacancies. An elected officer shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, or ceases to be a resident of the City, or is convicted of a felony. Within thirty (30) days after a vacancy RECORD OF PROCEEDINGS occurs, the remaining councilmembers shall choose by majority vote a duly qualified person to fill such vacancy until the next general municipal election after such vacancy occurs, when such vacancy shall be filled by election. If three (3) or more vacancies exist simultaneously or a vacancy occurs because of the recall of a councilmember or mayor, the remaining members of the council shall, at the next regular meeting of the council call a special election to fill such vacancies, provided there shall not be a general municipal election within ninety (90) days or that their successors have not previously been elected. Provided, further that the city council may, by ordinance, adopt special procedures for the election of the successor to a recalled councilmember or the mayor, such election to be held simultaneously with the recall election." Section 2 1. For 2. Against 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 question of charter amendment. Section 3 The election on the question of proposed charter amendment will be held at the designated polling places within the newly established voting precincts between the hours of 7 A.~. and 7 P.M. on Tuesday, May 8, 1979, in the City of Aspen, Colorado. Section 4 The election on the question of proposed charter amendment 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 That provisions of registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The vote at said election shall be registered on voting machines and the ballot label shall read similarly to the form of the question providing be separately titled. in Section 1. This question~all -2- RECORD OF PROCEEDINGS Section 7 The election on the question of proposed charter amendment 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 declaration of the officers of the City of Aspen. Section 8 The notice of the election on the proposed charter amend- ment shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Section 9 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 provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 10 A public hearing on the ordinance shall be held on ~7/~..~ ~. , 1979, at 5:00 P.M. in the City 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, Colorado, at its regular meeting held on 1979. ATTEST: -3- RECORD OF PROCEEDINGS FINALLY adopted, ATTEST: passed and approved on the~ day of MaY°Yr~ Y~ ~ City Clerk -4- RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, 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 Cityf/Council of the City of Aspen on ~~.~/~, 197~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ /~ , 197 ~, and was finally adopted and approved at a regular meeting of the City Council on ~~, 197~, and ordered published as Ordinance No. /~ , Series of 1972, of said Ciny, as provided by law. IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~ , 197~.__ set my hand and this SEAL Deputy City Clerk