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ORDINANCE NO. 8218
AN ORDINANCE CALLING A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 2010,
DIRECTING THAT THE NOVEMBER 2, 2010 SPECIAL
MUNICIPAL ELECTION BE CONDUCTED AS PART OF A
COORDINATED 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, Article X, Section 20 of the Colorado constitution and the Uniform
Election Code of 1992 permits districts to consolidate elections held on the first Tuesday
in November of odd-numbered years, and
WHEREAS, a state election will be held at the same time as the City’s special
municipal election on November 2, 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 November 2, 2010; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A special municipal election of the City of Pueblo, a Municipal Corporation, is
hereby called to be held on November 2, 2010.
SECTION 2.
The City's special municipal election to be held on November 2, 2010 shall be
conducted as part of a coordinated election as defined in the Uniform Election Code of
1992.
SECTION 3.
Pursuant to the authority granted by Article XX and Article X, Section 20 of the
Colorado constitution and 1-1-102 and 31-10-102.7 C.R.S., the requirements and
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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 election to be held as part of a
coordinated election on November 2, 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 election as part of a coordinated election in
compliance with the requirements and procedures of the Charter of the City of Pueblo,
Article XX and Article X, Section 20 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 all votes at the special municipal election
shall be taken, recorded and tabulated by the use of an electronic voting system.
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 November 2, 2010.
SECTION 8.
The Director of Finance is hereby designated as the City Council’s designee
responsible for providing to the City Clerk the fiscal information that must be included in
any ballot issue notice for any initiated measure or ballot issue referred to the voters by
the City Council at the coordinated election to be held November 2, 2010.
SECTION 9.
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 10.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED: June 14, 2010
BY: Judy Weaver /COUNCILPERSON
PASSED AND APPROVED: June 28, 2010
Background Paper for Proposed
ORDINANCE
DATE:AGENDA ITEM # R-1
June 14, 2010
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2010, DIRECTING THAT THE NOVEMBER 2, 2010 SPECIAL
MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED
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 election to be held at the same time as
the general election on November 2, 2010 in order to submit questions to the voters?
RECOMMENDATION
None.
BACKGROUND
In order to submit questions to the voters relating to any of the below identified matters,
the City Council must call a special municipal election. The ordinance calls such special
municipal election to be held as a coordinated election at the same time as the general
election on November 2, 2010.
Matters which may be presented to the voters include the following:
A question authorizing issuance of revenue bonds for the remodeling and
restoration of Memorial Hall and in conjunction therewith, approving an ordinance
authorizing use of a portion of "vendors fee" to pay the principal and interest on
such bonds.
A question imposing a special tax upon the sale of medical marijuana and
exempting the revenues therefrom from the revenue and spending limitations of
TABOR.
A question extending the 1/2 cent sales tax for primary job-creating capital
improvement projects.
FINANCIAL IMPACT
The special municipal election will be conducted as part of a coordinated election
conducted by the Pueblo County Clerk and Recorder. City will be responsible for
payment of a share of the costs of conducting the general election incurred by the
Pueblo County Clerk and Recorder. The City's share of such costs is not presently
known, but is estimated to be approximately $______________.