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Home My WebLink About09317 City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: JULY 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Office of the City Clerk FROM: Brenda Armijo, Acting City Clerk SUBJECT: AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, DIRECTING THAT THE SPECIAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, CALLING FOR A SPECIAL RUN-OFF MUNICIPAL ELECTION FOR MAYOR, IF NECESSARY, TO BE HELD ON JANUARY 22, 2019, ADOPTING FOR USE AT THE SPECIAL MUNICIPAL ELECTIONS 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 THE PUEBLO ELECTION CODE AND ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH SUMMARY: This Ordinance directs that the November 6, 2018 Special Municipal Election be conducted as part of a Coordinated Election with Pueblo County. Additionally, this Ordinance directs that a Special Run-Off Municipal Election for Mayor, if necessary, be held on January 22, 2019. 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 coordination of elections. 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 costs of the Special Run-Off Municipal Election for Mayor, if necessary, shall be paid by the City. Funding for the costs associated with conducting these Special Municipal Elections are, or will be, allocated in the City Clerk’s 2018 and 2019 Departmental Budgets. BOARD/COMMISSION RECOMMENDATION The Board of Elections, at a meeting on July 6, 2018, reviewed this Ordinance and Adopted an Election Board Resolution Recommending the Adoption of this Ordinance by City Council. The Board of Elections feels that it is in the best interest of the City and its Citizens to participate in the Coordinated Election on November 6, 2018 and the Special Run-Off Municipal Election for Mayor, if necessary, on January 22, 2019. STAKEHOLDER PROCESS Not applicable ALTERNATIVES None RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. 9317 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, DIRECTING THAT THE SPECIAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, CALLING FOR A SPECIAL RUN- OFF MUNICIPAL ELECTION FOR MAYOR, IF NECESSARY, TO BE HELD ON JANUARY 22, 2019, ADOPTING FOR USE AT THE SPECIAL MUNICIPAL ELECTIONS 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 THE PUEBLO ELECTION CODE AND 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 to coordinate elections with the State of Colorado and its political subdivisions; and WHEREAS, a State election and other elections will be held at the same time as the City’s Special Municipal Election on November 6, 2018, and , WHEREASif no candidate for Mayor receives a majority of the votes cast for such office at said election as required in Article 17, Section 17-2 of the City of Pueblo Charter, a special run- off municipal election by the voters of the City is required to be held, 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 elections, and WHEREAS, it would be in the best interests of the City and its citizens to participate in a Coordinated Election on November 6, 2018 and a Special Run-Off Municipal Election for Mayor, if necessary, on January 22, 2018; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City's Special Municipal Election to be held on November 6, 2018 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 Special Municipal Elections to be held as part of a Coordinated Election on November 6, 2018 and the Special Run-Off Municipal Election for Mayor, if necessary, on January 22, 2019. SECTION 3. The Acting City Clerk, the Board of Elections, and all officers and staff 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 to be held on November 6, 2018 as part of a Coordinated Election and a Special Run-Off Municipal Election for Mayor, if necessary, to be held on January 22, 2019, 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 Special Municipal Elections shall be published in The Pueblo Chieftain. SECTION 6. The Pueblo Election Code and all other ordinances and resolutions of the City inconsistent with the Uniform Election Code of 1992 and 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 6, 2018 and the Special Run-Off Election for Mayor, to be held on January 22, 2019, if necessary. 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 6, 2018. 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 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: July 23, 2018