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HomeMy WebLinkAbout11976RESOLUTION NO. 11976 A RESOLUTION APPROVING AND ACCEPTING THE CANVASS AND ABSTRACT OF VOTES CAST AT THE SPECIAL MUNICIPAL FRANCHISE ELECTION HELD ON AUGUST 10, 2010 WHEREAS, members of the Board of Elections met with the Pueblo County Clerk and Recorder as part of the Primary Election Board of Canvassers for the August 10, 2010 Election Returns as it pertained to the 2010 Special Municipal Franchise Election. WHEREAS, following the Primary Election Board of Canvassers, an abstract of votes for the City of Pueblo Special Municipal Franchise Election ballot issue was prepared by the City Clerk; and WHEREAS the Board of Elections has unanimously passed a Board Resolution certifying the votes and declaring the results of voting at said Special Municipal Franchise Election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Resolution of the Board of Elections certifying the votes and declaring the results at said Special Municipal Franchise Election, a copy of which is attached hereto, is hereby approved; and the designation of results therein contained are hereby accepted and adopted. SECTION 2. This Resolution shall become effective immediately upon its adoption. INTRODUCED: September 13, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION # M-3 DATE: September 13, 2010 AGENDA ITEM DEPARTMENT: GINA DUTCHER, MMC CITY CLERK TITLE A RESOLUTION APPROVING AND ACCEPTING THE CANVASS AND ABSTRACT OF VOTES CAST AT THE SPECIAL MUNICIPAL FRANCHISE ELECTION HELD ON AUGUST 10, 2010 ISSUE Shall City Council accept and approve the abstract of votes cast at the Special Municipal Franchise Election dated August 10, 2010? RECOMMENDATION Approve the Resolution. BACKGROUND Per Section 5-1-115 of the Pueblo Municipal Code, Members of the Board of Elections, met with the Pueblo County Clerk and Recorder as part of the Election Board of Canvassers for the November 2, 2010 Special Municipal Franchise Election Returns. Following the Canvassing, Gilbert Ortiz, Pueblo County Clerk and Recorder, issued the Official Abstract of Votes signed by each member of the Canvassing Board. Per Section 5-1-119(1) of the Pueblo Municipal Code, an abstract of votes for the City of Pueblo municipal ballot issues was prepared by the City Clerk immediately following the Special Municipal Franchise Election Board of Canvassers meeting. The abstract of votes for the municipal issues was reviewed and approved by the Board of Elections (see attached). FINANCIAL IMPACT None SPECIAL MUNICIPAL FRANCHISE ELECTION AUGUST 10, 2010 TOTAL VOTES QUESTION 2A ADOPTING ORDINANCE NO. 8186 GRANTING NON- EXCLUSIVE ELECTRIC FRANCHISE TO BLACK HILLS /COLORADO ELECTRIC UTILITY COMPANY, L.P. YES NO Precinct 1 21 11 Precinct 4 4332 1854 Precinct 6 6766 3114 Precinct 11 1155 735 TOTALS 12274 5714 WE, THE UNDERSIGNED OFFICIALS OF THE CITY OF PUEBLO, COLORADO, CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT CANVASS AND ABSTRACT OF THE VOTE CAST AT THE SPECIAL MUNICIPAL FRANCHISE ELECTION HELD ON AUGUST 10, 2010 AS PART OF THE COORDINATED MAIL BALLOT PRIMARY ELECTION. ELECTION BOARD MBER CTION :OARD EMBER Ity ATTEST CAI, 4i1. . r EPUTY CITY CLER/ 12.-= _ mil { (I F / Y I � \/� I n nYl Iii ''IldCONf DR7 t0 M.AHCH 18IU' 1870 ■■■ c _ OFFICE OF THE CITY CLERK RESOLUTION BY THE BOARD OF ELECTIONS A RESOLUTION CERTIFYING THE VOTES AND DECLARING THE RESULTS OF VOTING AT THE SPECIAL MUNICIPAL FRANCHISE ELECTION HELD ON AUGUST 10, 2010 (OFFICIAL SURVEY OF RETURNS) WHEREAS, Pursuant to Section 5 -1 -115 of the Pueblo Municipal Code, as amended; the Board of Elections met on August 19, 2010 as part of the Canvassing Board for the Special Municipal Franchise Election held on August 10, 2010 and conducted as a Coordinated Election with the County of Pueblo, and; WHEREAS, the Board of Elections proceeded to canvass the votes cast at said Special Municipal Franchise Election and have made an abstract thereof; NOW THEREFORE, BE IT RESOLVED BY THE PUEBLO BOARD OF ELECTIONS that: SECTION 1: The following votes are unanimously certified: QUESTION NO. 2A (FRANCHISE QUESTION SUBMITTED): SHALL THE CITY OF PUEBLO GRANT A NON - EXCLUSIVE FRANCHISE TO BLACK HILLS /COLORADO ELECTRIC UTILITY COMPANY, L.P. TO FURNISH AND SELL ELECTRICITY TO THE CITY AND TO ALL RESIDENTS WITHIN THE CITY, AND THE NON - EXCLUSIVE RIGHT TO ACQUIRE, PURCHASE, CONSTRUCT, INSTALL, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY ALL FACILITIES REASONABLY NECESSARY FOR THE GENERATION, PRODUCTION, SALE, PURCHASE, EXCHANGE, TRANSMISSION AND DISTRIBUTION OF ELECTRIC UTILITY SERVICE WITHIN AND THROUGH THE CITY, TOGETHER WITH THE RIGHT TO MAKE REASONABLE USE OF THE STREETS AND PUBLIC UTILITY EASEMENTS OF THE CITY AS HEREIN DEFINED AS MAY BE NECESSARY, UPON THE TERMS, CONDITIONS AND REQUIREMENTS SET FORTH IN ORDINANCE NO. 8186 OF THE CITY OF PUEBLO? For the Ordinance Against the Ordinance Question 2A (Black Hills /Colorado Electric Franchise Agreement), the greatest numbers of votes cast were IN FAVOR; therefore, QUESTION 2A PASSED. The statements from the abstract of votes prepared by the City Clerk is hereby approved and each member of the Board of Elections shall affix his or her signature thereto, certifying same to be correct and shall endorse and subscribe on such statements their certification of determination required by Section 5 -1- 119(1) of the Pueblo Municipal Code, as amended. Adopted this 19 day of August, 2010. BOARD OF ELECTIONS: B. Gloria Gonzales, Member if"Irt- Gin utcher, Member and City Clerk Vacant ,` 0 : C ; CERTIFICATION OF ELECTION a k , _� c OLORAO'p STATE OF COLORADO ) PUEBLO COUNTY ) SS. I, Gilbert Ortiz, the Pueblo County Clerk and Recorder, do hereby certify the Official Abstract of Votes Cast attached herein for the 2010 Primary Election held in Pueblo County on the 10 of August 2010. We the undersigned Canvass Board for the 2010 Primary Election do hereby certify that: - We have reviewed the Post - Election Manual Random Audit - We have reviewed the report describing the audit process - We have reviewed all ballot forms and ballot logs associated with this election - We have compared the number of ballots counted to the number of ballots cast - We have reviewed and do hereby certify the results in the Official Abstract of Votes Cast Witness our hands and seal this 19th of August 2010. '/ ue )Io County Clerk and Re rder A I )•.. ocratic P Canvass Board Member /M7 -Jr Municipal Canvass •d Me icr Rep an Party Canvass Board ember Attest: Depu or Assistant SOS Revised 8/13/10