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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.