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HomeMy WebLinkAbout08218 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 '' 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 $______________.