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HomeMy WebLinkAboutordinance.council.028-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE 40.../6 (Series of 1974) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, October 1 , 197 4 , A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT IN THE EVENT OF RECALL OF THE MAYOR OR CITY COUNCILMAN THE VACANCY CREATED 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 a proposal to amend Section 3.8 of the Charter of the City relating to the filling of vacancies on the City Council in the event of recall of any of its members, and WHEREAS, recent state legislation requires submission by ordinance after one publication thereof and the City Charter requires an election on referred ordinances within 90 days of adoption but not less than 30 days thereafter, and WHEREAS, the City Council wishes to submit this proposed Charter Amendment at a Special Municipal Election to be held on Tuesday, October 1 , 197 4 , 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 the Special Municipal Election to be held in the City of Aspen, colorado, on Tuesday, the 1st day of October , 1974 , there shall be submitted to a vote of the qualified, registered electors RECORD OF PROCEEDINGS 100 Leaves of the City a proposed amendment to the Charter of the City concerning Section 3.8 thereof, relating to the filling of vacancies in the office of councilman or mayor, as set forth below and as is more particularly stated in the form of Ballot Label and Notice of Election herein- after set forth. FORM OF QUESTION QUESTION SUBMITTED: Shall the Charter of the City of Aspen, colorado, be amended by the repeal of Section 3.8 thereof and its reenactment as follows: "Sec. 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 councilman or mayor is recalled, dies, becomes incapacitated, resigns, ceases to be a resident of the City, or is convicted of a felony. Within 30 days after a vacancy occurs due to circumstances other than the recall of a councilman or the mayor, the remaining members of council shall choose by majority vote a duly qualified person to fill such vacancy, provided, however, if a vacancy occurs in the office of mayor, a successor shall be chosen from among the council members. All persons so chosen shall serve the unexpired term so vacant and until their successors are duly qualified. If three or more vacancies exist simultaneously, or a vacancy exists because of the recall of a councilman or mayor, 'the remaining members of -2- RECORD OF PROCEEDINGS 100 Leaves council shall, at the next regular meeting of the council, call a special election to fill such vacancies, provided there will not be a general municipal election within 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 councilman or the mayor, such election to be held simultaneously with the recall election." 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 amendment to the City Charter. Section 3. The election on the proposed Charter Amendment will be held at the following polling places within the estbalished precincts between the hours of 7 A.M. and 7 P.M. on October 1 , 1974 , 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 Precinct 3 - Villa of Aspen, 207 North Seventh Street Section 4. The election on the proposed amendment 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. -3- RECORD OF PROCEEDINGS 100 Leaves Section 5. The provisions for registration of electors and for voting by absentee ballot on the question of the Charter Amendment 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 polling places. The Ballot Label shall read as follows: FOR AGAINST Shall the Charter of the City of Aspen be amended by the repeal of Section 3.8 thereof and its reenact- ment as follows: "Sec. 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 councilman or mayor is recalled, dies, becomes incapacitated, resigns, ceases to be a resident of the City, or is convicted of a felony. Within 30 days after a vacancy occurs due to circumstances other than the recall of a councilman or the mayor, the remaining members of council shall choose by majority vote a duly qualified person to fill such vacancy, provided, however, if a vacancy occurs in the office of mayor, a successor shall be chosen from among the council members. All persons so chosen shall serve the unexpired term so vacant and until their successors are duly qualified. -4- RECORD OF PROCEEDINGS 100 Leaves If three or more vacancies exist simultaneously, or a vacancy exists because of the recall of a councilman or mayor, the remaining members of council shall, at the next regular meeting of the council, call a special election to fill such vacancies, provided there will not be a general municipal election within 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 councilman or the mayor, such election to be held simultaneously with the recall election." On each such (voting machine) (paper ballot) there shall be (counters) (spaces) which will permit the elector to indicate his vote "FOR THE CHARTER AMENDMENT" or "AGAINST THE CHARTER AMENDMENT". The absentee votes cast at 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 expressing his or her choice, either "FOR THE CHARTER AMENDMENT" or "AGAINST THE CHARTER AMENDMENT". Section 7. The election on the question of the amendment 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 -5- RECORD OF PROCEEDINGS 100 Leaves the return, canvass and the declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 8. ~otice 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 September 19 4 , 197 , 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. Said Notice shall be in sub- stantially the following form: PUBLIC NOTICE OF SUBMISSION OF PROPOSED CHARTER AMENDMENT OF THE CITY OF ASPEN, COLORADO AT THE SPECIAL MUNICIPAL ELECTION October 1 , 197 4 PUBLIC NOTICE IS HEREBY GIVEN, that pursuant to an Ordinance of the City Council of the City of Aspen, Colorado, a Special Municipal Election will be held in said City on Tuesday, the 1st day of October 197 4 , between the hours of 7 A.M. and 7 P.M., and there will be submitted a proposed 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 3.8 thereof and its reenactment as follows: "Sec. 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 -6- RECORD OF PROCEEDINGS 100 Leaves any councilman or mayor is recalled, dies, becomes incapacitated, resigns, ceases to be a resident of the City, or is convicted of a felony. Within 30 days after a vacancy occurs due to circumstances other than the recall of a councilman or the mayor, the remaining members of council shall choose by majority vote a duly qualified person to fill such vacancy, provided, however, if a vacancy occurs in the office of mayor, a successor shall be chosen from among the council members. All persons so chosen shall serve the unexpired term so vacant and until their successors are duly qualified. If three or more vacancies exist simultaneously, or a vacancy exists because of the recall of a councilman or mayor, the remaining members of council shall, at the next regular meeting of the council, call a special election to fill such vacancies, provided there will not be a general municipal election within 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 councilman or the mayor, such election to be held simultaneously with the recall election." 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. Mary's Catholic Church, 533 East Main Street -7- RECORD OF PROCEEDINGS 100 Leaves 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 27th day of September , 197 4 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 nlay 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 12th day of August , 1974 (Seal) Lorraine Graves City Clerk Published in: Aspen Times Published on: September 19 , 197 4 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 provisions or applications and to this end the -3- RECORD OF PROCEEDINGS 100 Leaves provisions or applications of this ordinance are declared to be severable. Section 10. A public hearing on the ordinance shall be held on the 12tbday of August , 1974 , at5:00 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 22nd day of July , 197 4 / _~. s~~ley II~Mayor~/ P~AD, APPROVED AND ADOPTED this /~-~ day of ~f.~- , 197~/, by the Aspen City Council. / · ~ ~tacy ~andley , , ayor ~ City Clerk STATE OF COLORADO) ) COUNTY OF PITKIN ) ss CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on July 22 , 19~ , and published a weekly newspaper of general circulation, published City of Aspen, Colorado, in its issue of 2uly 25 and was finally adopted and approved at a regular meeting of the City Council on August 12 28 published as Ordinance No. said City, as provided by law. in the Aspen Times in the , 1974__, , 1974, and ordered , Series of 197 4, of and the IN WITNESS WHEREOF, I have hereunto set my hand seal of said City of Aspen, Colorado, this 13th day of August , 1974. SEAL ~.3~raine 'Graves, City Clerk