HomeMy WebLinkAbout11685RESOLUTION NO. 11685
A RESOLUTION SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3,
2009 AN INITIATED CHARTER AMENDMENT AND FIXING
THE BALLOT TITLE THEREFOR
WHEREAS, an initiative petition to amend the Charter of the City of Pueblo
relating to change in the form of government from Council- Manager to Mayor - Council
(the "Petition ") has been filed with the City Clerk requesting submission of same to a
vote of the registered electors of the City of Pueblo at the general municipal election to
be held on November 3, 2009; and
WHEREAS, the City Clerk has certified to the City Council that the Petition is
valid and sufficient and contains the requisite number of signatures of registered
electors of the City; and
WHEREAS, pursuant to Section 5 -1 -10 of the Pueblo Municipal Code and
Section 31 -2- 210(3), C.R.S., the City Council shall set the ballot title for the proposed
Charter amendment.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The amendment to the Charter of the City of Pueblo contained in the Petition
shall be and hereby is submitted to a vote of the registered electors of the City of
Pueblo at the general municipal election to be held on Tuesday, November 3, 2009.
SFrTinN 9
The ballot title (submission clause and title) for the proposed Charter amendment
is hereby fixed to read as follows:
QUESTION - CITY OF PUEBLO CHARTER AMENDMENT
(change the form of government to mayor - council)
SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO
CHANGE THE FORM OF GOVERNMENT FROM A COUNCIL -
MANAGER GOVERNMENT TO A MAYOR - COUNCIL GOVERNMENT,
AND IN CONNECTION THEREWITH: TO ELIMINATE THE OFFICE OF
MANAGER AND ESTABLISH THE OFFICE OF MAYOR IN WHICH ALL
EXECUTIVE AND ADMINISTRATIVE POWERS OF THE CITY SHALL
BE VESTED; TO PROVIDE FOR ELECTION OF THE MAYOR BY
MAJORITY VOTE OF THE ELECTORS FOR FOUR -YEAR TERMS; TO
PROVIDE FOR THE MAYOR TO DEVOTE HIS OR HER FULL TIME
AND ATTENTION TO THE DUTIES OF THE OFFICE AND
PROHIBITING OTHER PAID EMPLOYMENT; TO FIX A SALARY OF
THE MAYOR AT $8,333 PER MONTH, SUBJECT TO CHANGE BY
ORDINANCE; TO GIVE THE MAYOR THE POWER TO APPOINT,
SUBJECT TO COUNCIL CONFIRMATION, THE CITY CLERK,
MUNICIPAL JUDGES, DEPUTY MAYOR, AND THE DIRECTORS OF
ALL CITY DEPARTMENTS INCLUDING POLICE, FIRE, FINANCE,
PERSON -NEL, PURCHASING AND SUPPLIES, LAW, PUBLIC WORKS,
PARKS AND RECREATION, AND AVIATION; TO GIVE THE MAYOR
THE POWER TO SUSPEND AND REMOVE DIRECTORS OF ALL
DEPARTMENTS AND BUREAUS OF THE CITY; TO GIVE THE MAYOR
THE POWER TO APPOINT, SUBJECT TO COUNCIL CONFIRMATION,
ALL BOARDS AND COMMISSIONS, AND TO REMOVE MEMBERS
THEREOF; EXCEPT FOR THE PURPOSE OF CONFIRMATION ON
APPOINTMENTS, TO PROHIBIT COUNCIL FROM INTERFERING IN
APPOINTMENT OR REMOVAL OF DIRECTORS OF BUREAUS OR
DEPARTMENTS, CITY EMPLOYEES, AND MEMBERS OF MAYOR -
APPOINTED BOARDS AND COMMISSIONS; TO GIVE THE MAYOR
THE POWER TO VETO ORDINANCES PASSED BY COUNCIL,
SUBJECT TO OVERRIDE AT THE NEXT MEETING OF COUNCIL BY
AFFIRMATIVE VOTE OF AT LEAST 5 MEMBERS OF THE COUNCIL;
TO PROVIDE FOR THE MAYOR TO PREPARE THE CITY BUDGET
AND SUBMIT SAME TO COUNCIL; AFTER ADOPTION OF THE
ANNUAL APPROPRIATION, TO GIVE THE MAYOR THE POWER TO
APPROVE THE ALLOTMENTS OF APPROPRIATIONS FOR EACH
DEPARTMENT, OFFICE AND AGENCY, AND TO TRANSFER
UNENCUMBERED APPROPRIATION BALANCES AMONG CLASSES
OF EXPENDITURES WITHIN EACH DEPARTMENT, OFFICE AND
AGENCY; TO PROVIDE FOR A SPECIAL RUN -OFF ELECTION FOR
THE OFFICE OF MAYOR IF NO CANDIDATE FOR THE OFFICE
RECEIVES A MAJORITY OF THE VOTES CAST; AND PROVIDING
TRANSITION PROVISIONS INCLUDING A SPECIAL ELECTION FOR
THE FIRST MAYOR TO BE HELD ON NOVEMBER 2, 2010, FOR AN
INITIAL TERM OF THREE YEARS?
YES
NO
SECTION 3
The City Council does hereby find, determine and declare that the ballot title set
forth in Section 2 hereof fairly expresses the true meaning and intent of the initiated
Charter amendment.
SECTION 4
The City Clerk shall (a) at least ten (10) days prior to the November 3, 2009
general municipal election publish notice of an election upon the initiated Charter
amendment, which notice shall contain the full text of the initiated Charter amendment,
and (b) certify the Ballot Title to the Pueblo County Clerk and Recorder by no later than
sixty days before the November 3, 2009 coordinated election, as provided by Section 1-
5- 203(3), C.R.S., and Section 31 -2- 210(3.5).
SECTION 5
This Resolution shall become effective upon final passage.
INTRODUCED: August 24, 2009
BY: Ray Aquilera
COUNCIL PERSON
APPR 0' } �-
PRESIDENTaf Cfty Council
A77TSTED DY:
CITY CLERK
ED
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # Q -1
DATE: August 24, 2009
DEPARTMENT: Law Department
TITLE
A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE
CITY OF PUEBLO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2009 AN INITIATED CHARTER AMENDMENT AND FIXING THE
BALLOT TITLE THEREFOR
ISSUE
Should Council adopt the attached Resolution referring an Initiated Charter
Amendment to vote of the electors on November 3, 2009?
RECOMMENDATION
Law Department recommends adoption of the Resolution.
BACKGROUND
Under Section 31 -2 -210, C.R.S., Charter amendments may be initiated by Petition
signed by registered electors equal in number to 5% of the total number of
registered electors in the City at the time the statement of intent to circulate the
Petition is filed with the City Clerk. Upon certification by the Clerk that a petition
has the requisite number of signatures, Council must at its next regular meeting set
a ballot title for the proposed amendment, and the question must be certified to the
County Clerk and Recorder not less than sixty days before the coordinated
election.
The Resolution accompanying this Background Paper would set the ballot title for
the initiated Charter amendment and refer it to vote at the General Municipal
Election to be held on November 3, 2009.
FINANCIAL IMPACT
The incremental financial impact attributable to the addition of the ballot title to the
Coordinated Election ballot will be borne by the City in accordance with law and
the terms of the IGA with the County concerning conduct of the Coordinated
Election.