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HomeMy WebLinkAbout08901ORDINANCE NO. 8901 AN ORDINANCE DIRECTING THAT THE NOVEMBER 3, 2015 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USE AT THE GENERAL 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 municipalities and special districts to coordinate elections; and WHEREAS, a State election and other elections will be held at the same time as the City’s General Municipal on November 3, 2015, 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 3, 2015; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City's General Municipal Election to be held on November 3, 2015 shall be conducted as part of a Coordinated Election as defined in the Uniform Election Code of 1992. SECTION 2. 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 including Article 7.5 the Mail Ballot Election Act, 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 General Municipal Election to be held as part of a Coordinated Election on November 3, 2015. SECTION 3. 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 X, Section 20 of the Colorado Constitution, and the Uniform Election Code of 1992. SECTION 4. 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. SECTION 5. All public notices that are required to be published with respect to the General Municipal Election shall be published in the Pueblo Chieftain. SECTION 6. 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 3, 2015. SECTION 7. 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 3, 2015. 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: July 27, 2015 BY: Robert Schilling PASSED AND APPROVED: August 10, 2015 City Clerk’s Office Item R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 27, 2015 TO: President Steven G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Office of the City Clerk FROM: Gina Dutcher, City Clerk SUBJECT: AN ORDINANCE DIRECTING THAT THE NOVEMBER 3, 2015 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USE AT THE GENERAL 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 SUMMARY: This Ordinance directs that the November 3, 2015 General Municipal Election be conducted as part of a Coordinated Election with Pueblo County. PREVIOUS COUNCIL ACTION: Pursuant to §1-1-111(2), C.R.S., the City may contract with the County Clerk and Recorder of the County in which the political subdivision is organized to perform all or part of the required duties in conducting the election. The City has approved an IGA for Election Services each year the City has participated in a Coordinated Election with the County. BACKGROUND: Article X, Section 20 of the Colorado Constitution and the Uniform Election code of 1992 permits the consolidation of elections. The Board of Elections feels that it is in the best interest of the City and its Citizens to participate in the Coordination Election on November 3, 2015. FINANCIAL IMPLICATIONS The City shall pay to the County Clerk the City's share of the actual cost of materials and services directly attributable to the City’s participation in the Coordinated Election. The cost is estimated to cost between $40,000 and $45,000; Funding for the costs associated with conducting the General Municipal Election has been allocated in the City Clerk’s 2015 Departmental Budget; however, because of the cost of the Special Recall Election conducted in January, 2015, a small financial adjustment may need to take place. BOARD/COMMISSION RECOMMENDATION The Board of Elections, at a meeting on July 22, 2015, reviewed the Ordinance and Adopted an Election Board Resolution Recommending the Adoption of the Ordinance by City Council. STAKEHOLDER PROCESS Not applicable ALTERNATIVES None. Because it is anticipated that the ballot question(s) to be submitted by the City will require a TABOR notice; the City is required to submit them at a Coordinated Election held in November per Article X, Section 20 of the Constitution of Colorado. RECOMMENDATION Approval of the Ordinance Attachments: 1. Board of Election Resolution