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HomeMy WebLinkAbout08973 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 8, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE CALLING A SPECIAL MUNICIPAL FRANCHISE ELECTION TO BE HELD ON MAY 3, 2016, 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 SUMMARY: The Ordinance before Council calls for a special municipal franchise election to be held on May 3, 2016 in order to submit a question to the voters relating to whether the natural gas utility franchise should again be granted to Public Service Company of Colorado. PREVIOUS COUNCIL ACTION: None. BACKGROUND: In order to submit a question to the voters relating to the granting of a natural gas franchise to Public Service Company, the City Council must call a special municipal franchise election. The Ordinance before Council calls such special municipal franchise election to be held on May 3, 2016. FINANCIAL IMPLICATIONS: The special municipal franchise election will be conducted as part of a coordinated election conducted by the Pueblo County Clerk and Recorder. Although the 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 will be paid in full by Public Service Company. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The current franchise agreement with Public Service Company of Colorado can be allowed to expire on August 3, 2016, without a renewal. RECOMMENDATION: Approval of the Ordinance. Attachments: ORDINANCE NO. 8973 AN ORDINANCE CALLING A SPECIAL MUNICIPAL FRANCHISE ELECTION TO BE HELD ON MAY 3, 2016, 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 as a coordinated election which may be conducted as a mail ballot election; 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 May 3, 2016; 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 May 3, 2016. SECTION 2. The City's special municipal franchise election to be held on May 3, 2016 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 Sections 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 May 3, 2016. 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 actions 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 on May 3, 2016. 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 February 8, 2016 BY: Ed Brown PASSED AND APPROVED: February 22, 2016