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HomeMy WebLinkAboutordinance.council.019-79RECORD OF PROCEEDINGS ORDINANCE NO. /~ (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 FOR THE REDUCTION IN THE NUMBER OF CITY COUNCILMEN FROM SIX (6) TO FOUR (4) AND REDUCING THE NUMBER OF AFFIRMATIVE VOTES NECESSARY TO ADOPT AN EMERGENCY ORDINANCE 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 reducing the number of councilmen from six (6) to four (4), modifying the procedures for the election of councilmen to effectuate the same and reducing the number of affirmative votes necessary to adopt an emergency ordinance. 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 3.1, 3.2 and 4.11 thereof, relating to the number of councilmen on the Aspen City Council and reducing the number of affirmative votes necessary to adopt an emergency ordinance, all as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election. FORM OF QUESTION "VOTE FOR ONLY ONE OF THE FOLLOWING" Shall the Charter of the City of Aspen be amended by the repeal of Section 3.1, 3.2 and 4.11 thereof and their reenactment as follows: REGORD OF PROCEEDINGS "Section 3.1. The Council. The City shall be governed by a council of four (4) councilmen and Mayor. All councilmen and mayor shall be nominated and elected at large from the entire City. Section 3.2. Terms of Office. ?he terms of office shall be four years as herein- after provided: In the general municipal election to be held in 1981 the two candidates receiving the highest number of votes shall be elected for four year terms and the candidate receiving the third highest number of votes shall be elected for a two year term. In the general municipal election to be held in 1983 and thereafter the two candidates receiving the highest number of votes shall be elected for four year terms. Section 4.11. Emergency Ordinances. Emergency ordinances for the preservation of public property, health, peace, or safety shall be approved only by the unanimous vote of councilmen present or a vote of four (4) councilmen whichever is less. The facts showing such urgency and need shall be specifically stated in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city- owned utility shall ever be passed as an emergency measure. An emergency ordinance shall require passage at two meetings of council. However, neither a public hearing nor a first publication as provided in Section 4.10 shall be required. An emergency ordinance shall take effect upon final passage. Publication shall be within 10 days after final passage, or as soon there- after as possible." 1. For 2. Against 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 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.M. and 7 P.M. on Tuesday, May 8, 1979, in the City of Aspen, Colorado. -2- RECORD OF PROCEEDINGS 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 provided in Section 1. 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 -3- 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 , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, P~AD 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: Stacy Standley III Mayor Kathryn S. Koch City Clerk FINALLY adopted, passed and approved on the · 1979. day of ATTEST: Stacy Standley III Mayor Kathryn S. Koch City Clerk -4-