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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.