HomeMy WebLinkAbout08201ORDINANCE NO. 8201
AN ORDINANCE CALLING A SPECIAL MUNICIPAL
FRANCHISE ELECTION TO BE HELD ON AUGUST 10,
2010, DIRECTING THAT SAID SPECIAL MUNICIPAL
FRANCHISE ELECTION BE CONDUCTED AS PART OF A
COORDINATED ELECTION TO BE CONDUCTED AS A
MAIL BALLOT ELECTION, ADOPTING FOR USE AT THE
SPECIAL MUNICIPAL ELECTION THE REQUIREMENTS
AND PROCEDURES OF THE UNIFORM ELECTION CODE
OF 1992 EXCEPT TO THE EXTENT THE UNIFORM
ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC
PROVISION OF THE CHARTER OF THE CITY OF
PUEBLO, AND SUSPENDING FOR SUCH PURPOSES
ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN
CONFLICT THEREWITH
WHEREAS, §31-10-108, C.R.S., §1-7-116, C.R.S., §1-7.5-104, C.R.S. and the
Uniform Election Code of 1992 permit municipalities to conduct a special election at the
same time as a primary election as a coordinated election which may be conducted as a
mail ballot election; and
WHEREAS, a primary election will be conducted as a mail ballot election and
held at the same time as the City’s special municipal franchise election on August 10,
2010; and
WHEREAS, the Uniform Election Code of 1992 applies to any municipal election
conducted as part of a coordinated election and authorizes a municipality to utilize the
requirements and procedures of the Uniform Election Code of 1992 for the conduct of
such election; and
WHEREAS, it would be in the best interests of the City and its citizens to
participate in a coordinated election on August 10, 2010; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A special municipal franchise election of the City of Pueblo, a Municipal
Corporation, is hereby called to be held on August 10, 2010.
SECTION 2.
The City's special municipal franchise election to be held on August 10, 2010
shall be conducted as part of a coordinated election as defined in the Uniform Election
Code of 1992, and may be conducted as a mail ballot election pursuant to Article 7.5 of
Title I, C.R.S.
SECTION 3.
Pursuant to the authority granted by Article XX of the Colorado constitution and
§§1-1-102 and 31-10-102.7 C.R.S., the requirements and procedures of the Uniform
Election Code of 1992 (Articles 1 to 12 of Title 1, C.R.S. but not Article 13 thereof
relating to election offenses), except to the extent they conflict with a specific provision
of the Charter of the City of Pueblo, are hereby adopted and will be utilized in the
conduct of the special municipal franchise election to be held as part of a coordinated
election on August 10, 2010.
SECTION 4.
The City Clerk, the Board of Elections, and all officers of the City are authorized
and directed to cooperate with the Pueblo County Clerk and Recorder and to take all
action necessary, appropriate or required to effectuate the provisions of this Ordinance
and to conduct the special municipal franchise election as part of a coordinated election
in compliance with the requirements and procedures of the Charter of the City of
Pueblo, Article XX of the Colorado constitution, and the Uniform Election Code of 1992.
SECTION 5.
The City Council does hereby adopt the optional registration plan provided for in
Section 17-9 of the Charter of the City of Pueblo and hereby determines and declares
that voting machines are not available and that the election shall be by mail ballot as
authorized by, and in accordance with §1-7.5-104, C.R.S.
SECTION 6.
All public notices required to be published with respect to the special municipal
election shall be published in the Pueblo Chieftain.
SECTION 7.
The Pueblo Election Code and all other ordinances and resolutions of the City
inconsistent with this Ordinance are hereby superseded, suspended and repealed to the
extent only of such inconsistency for and during the conduct of the coordinated election
to be held August 10, 2010.
SECTION 8.
If any section, clause or provision of this Ordinance shall for any reason be held
to be invalid or unenforceable, the invalidity or enforceability of such section, clause or
provision shall not affect any of the remaining sections, clauses or provisions of this
Ordinance.
SECTION 9.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED: May 10, 2010
BY: Chris Kaufman /COUNCILPERSON
PASSED AND APPROVED: May 24, 2010
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-3
DATE:
May 10, 2010
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE CALLING A SPECIAL MUNICIPAL FRANCHISE ELECTION TO BE
HELD ON AUGUST 10, 2010, DIRECTING THAT SAID SPECIAL MUNICIPAL
FRANCHISE ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION
TO BE CONDUCTED AS A MAIL BALLOT ELECTION, ADOPTING FOR USE AT THE
SPECIAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OF THE
UNIFORM ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM
ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE
CHARTER OF THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES ALL
ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH
ISSUE
Should the City Council call a special municipal franchise election to be held at the same
time as the primary election on August 10, 2010 in order to submit a question to the voters
relating to whether an electric franchise should be granted to Black Hills/Colorado Electric
Utility Company, L.P. ("Black Hills")?
RECOMMENDATION
If Council desires to submit the franchise question to the voters on August 10, 2010, it must
pass this Ordinance.
BACKGROUND
In order to submit a question to the voters relating to the granting of the electric franchise to
Black Hills, the City Council must call a special municipal franchise election. The ordinance
calls such special municipal franchise election to be held as part of a coordinated election at
the same time as the primary election on August 10, 2010.
FINANCIAL IMPACT
The special municipal franchise election will be conducted as part of a coordinated election
conducted by the Pueblo County Clerk and Recorder. Although City will be responsible for
payment of a share of the costs of conducting the coordinated election incurred by the
Pueblo County Clerk and Recorder, all such costs must be paid in full by Black Hills.