HomeMy WebLinkAboutordinance.council.039-00 ORDINANCE NO. 39
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING PROPOSED AMENDMENTS TO THE HOME RULE CHARTER TO THE
ELECTORS OF THE CITY OF ASPEN.
WHEREAS, the City Council desires to amend certain portions of the City of Aspen
Home Rule Charter relating to the requirement for run-off elections for the office of
councilman and mayor of the City of Aspen; and
WHEREAS, Article XX, section 10, of the Colorado Constitution authorizes home rule
murdcipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210, C.R.S. which section
sets forth the procedures for amending a city's home rule charter; and
WHEREAS, said section requires that the proper procedure for amending a home rule
charter requires the adoption of an ordinance by the City Council submitting the proposed
amendment to a vote of the electors of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN,
COLORADO, AS FOLLOWS:
Section 1.
That the following question, amending the Home Rule City Charter of the City of Aspen
to require mn-off elections for the offices of Mayor and Councilmen, shall be placed on the ballot
at the City's special election to be held on November 7, 2000.
CITY OF ASPEN - REFERENDUM
CITY CHARTER AMENDMENT - RUN-OFF ELECTIONS.
Shall the last sentence of section 3.2 of the Home Rule Charter of the City of Aspen be
amended to read as follows:
At all municipal elections thereafter, the two (2) candidates receiving the highest
number of votes shall be elected for a four year term, provided that the candidate
receives forty-five percent (45%) plus one vote or more of the total number of
votes cast for the office (calculated by dividing the sum of all votes cast for all
candidates by two (2).) In the event that the number of elected candidates shall be
less than the number of vacancies following the municipal election, then a nm-off
election shall be held in accordance with section 2.7.
And,
Shall the fncst paragraph of section 3.3 of the Home Rule Charter of the City of Aspen be
amended to read as follows:
The mayor shall be elected at large from the entire city for a term of two (2)
years. The candidate receiving a majority of the votes cast for the office shall be
elected mayor. In the event that no candidate shall have received a majority of the
votes cast for the office, then a run~off election shall be held in accordance with
section 2.7.
And,
Shall a new section 2.7 be added to the Home Rule Charter of the City of Aspen which
section shall read as follows:
Section 2.7. Run-off elections.
In the event a m-off election is necessitated for the offices of mayor or
councilmen, said election shall be held on the fncst Tuesday in June following the
municipal election. The mn-off election shall be held in the same manner as the
municipal election, except:
(a) Certification of candidates and publication of election notice shall be
on or before the tenth (10~) day before the run-off election.
(b) If a mn-off for mayor is required, the two (2)'persons with the
highest.number of votes for mayor in the municipal election shall appear on the
ballot for mayor.
(c) If a m-off election is required for two vacancies for the office of
councilman, then the four (4) persons not elected to office with the highest number
of votes for councilman in the municipal election shall appear on the ballot for
councilmen. The two persons receiving the highest number of votes in the run-off
election shall be elected for a four year term.
(d) If a run-off election is required for one vacancy for the office of
councilman, then the two (2) persons not elected to office with the highest number
of votes for councilman in the municipal election shall appear on the ballot for
councilmen. The person receiving the highest number of votes in the mn-off
election shall be elected for a four year term.
(e) The names of candidates shall be arranged in the same order as
they appeared in the municipal election.
As soon as the polls are closed after every nm-off election, the judges shall
determine the number of votes cast for each candidate and make return thereof to
the election commission and the candidates receiving the greatest number of votes
cast~ at said election shall be declared elected.
As so°n as the polls are closed after every mn-off election, the judges of election
shall immediately lock and seal each voting machine or ballot box against further
voting and each such machine or ballot box shall remain so locked and sealed for
a period of seven (7) days unless otherwise ordered by the court.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of any ordinance
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 3.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or tmconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and shall not affect the validity
of the remaining portions thereof.
Section 4.
A public hearing on the Ordinance shall be held on the 28th day of August 2000, at
5:00 o'clock pm in the City Council Chambers, Aspen City Hall, 130 S. Galena St. Prior to
such hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
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INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR
POSTED ON FIRST READING ON THE 142 DAY OF August 2000.
ATTESt:
Kathfyii'S: J~h, City Clerk
INTRODUCED and FINALLY ADOPTED AFTER PUBLIC HEARING on the 28~
day of August 2000.
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