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Home My WebLink About14379 RESOLUTION NO. 14379 A RESOLUTION APPOINTING THE CITY CLERK AS THE DESIGNATED ELECTION OFFICIAL FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 5, 2020, AND RATIFYING THE CITY CLERK’S FEBRUARY 26, 2020 CERTIFICATION OF THE CONTENT OF THE BALLOT FOR SAID ELECTION, AND RATIFYING ALL OTHER ACTIONS OF THE CITY CLERK IN CONNECTION THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Clerk shall be and hereby is appointed as the Designated Election Official for the May 5, 2020 Special Municipal Election. SECTION 2. The content of the ballot for the City's Special Municipal Election to be held on May 5, 2020 shall be as follows: BALLOT QUESTION NO. 2A – WATER AND ELECTRIC WORKS SHALL THE FRANCHISE AGREEMENT WITH BLACK HILLS/COLORADO ELECTRIC UTILITY COMPANY, LP BE TERMINATED AND SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO AUTHORIZE THE BOARD OF WATER WORKS OF PUEBLO, COLORADO TO OPERATE A WATER AND ELECTRIC WORKS BY THE ADOPTION OF ORDINANCE NO. 9654 AND SHALL THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, AS AN ENTERPRISE AND INSTRUMENTALITY OF THE CITY OF PUEBLO, BE AUTHORIZED TO ISSUE WITHOUT VOTER APPROVAL AND NOTWITHSTANDING THE PROVISIONS OF ANY INCONSISTENT LAW, BONDS AND OTHER OBLIGATIONS, PAYABLE FROM ANY BOARD OF WATER WORKS FUNDS OR OTHER REVENUE, INCLUDING REVENUE FROM WATER CHARGES, BOTH TO PROVIDE WATER-RELATED SERVICES AND TO PURCHASE, CONDEMN OR OTHERWISE ACQUIRE BY ANY LAWFUL MEANS, THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OF BLACK HILLS/ COLORADO ELECTRIC UTILITY COMPANY, LP, OR OTHERS, AND ANY ELECTRIC DISTRIBUTION, TRANSMISSION AND GENERATION SYSTEMS LOCATED IN THE STATE OF COLORADO, AS DETERMINED NECESSARY BY THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, INCLUDING WITHOUT LIMITATION DISTRIBUTION FACILITIES, TRANSMISSION LINES, GENERATING STATIONS, EQUIPMENT, ELECTRIC LIGHT AND POWER WORKS AND ALL APPURTENANCES THERETO INCLUDING BOTH REAL AND PERSONAL PROPERTY AND SHALL THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, AS AN ENTERPRISE AND INSTRUMENTALITY OF THE CITY OF PUEBLO, HAVE THE AUTHORITY TO ISSUE WITHOUT VOTER APPROVAL AND NOTWITHSTANDING THE PROVISIONS OF ANY INCONSISTENT LAW, BONDS AND OTHER OBLIGATIONS, PAYABLE FROM ANY AVAILABLE REVENUE TO CONSTRUCT, RELOCATE, INSTALL AND EXPAND THE EQUIPMENT AND FACILITIES AND OTHER ASSETS COMPRISING THE ELECTRIC DISTRIBUTION, TRANSMISSION AND GENERATION SYSTEMS OF BLACK HILLS/COLORADO ELECTRIC UTILITY COMPANY, LP, OR OTHERS, WITHIN THE STATE OF COLORADO, PAYING ALL NECESSARY AND INCIDENTAL COSTS RELATED THERETO AND BE AUTHORIZED TO ENTER INTO CONTRACTS WITH THIRD PARTIES TO MAINTAIN AND OPERATE SUCH ELECTRIC DISTRIBUTION, TRANSMISSION AND GENERATION SYSTEMS AND SHALL THE WATER AND ELECTRIC WORKS FUNCTION AS AN ENTERPRISE EXCLUDING ITS ACTIVITIES FROM THE APPLICATION OF TABOR WHICH, IN PART, REQUIRES THAT AN ENTERPRISE RECEIVE UNDER 10% OF ANNUAL REVENUE IN GRANTS FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS COMBINED AND SHALL THE CITY COUNCIL BE AUTHORIZED TO ADOPT FUTURE ORDINANCES AND RESOLUTIONS AND SHALL THE BOARD OF WATER WORKS OF PUEBLO, COLORADO BE AUTHORIZED TO ADOPT FUTURE RESOLUTIONS AND SHALL THE MAYOR BE AUTHORIZED TO TAKE FUTURE ACTIONS NECESSARY OR APPROPRIATE TO CARRY OUT THE REQUIREMENTS, PURPOSE AND INTENT OF THIS MEASURE? _____ For the measure _____ Against the measure SECTION 3. The City Clerk’s February 26, 2020 certification of the content of the ballot for said election and all other actions of the City Clerk in connection therewith shall be and hereby are ratified. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall take effect immediately upon final passage and approval. INTRODUCED: March 9, 2020 BY: Robert Schilling MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 9, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas Gradisar, Mayor VIA: Office of the City Clerk FROM: Brenda Armijo, City Clerk SUBJECT: A RESOLUTION APPOINTING THE CITY CLERK AS THE DESIGNATED ELECTION OFFICIAL FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 5, 2020, AND RATIFYING THE CITY CLERK’S FEBRUARY 26, 2020 CERTIFICATION OF THE CONTENT OF THE BALLOT FOR SAID ELECTION, AND RATIFYING ALL OTHER ACTIONS OF THE CITY CLERK IN CONNECTION THEREWITH SUMMARY This Resolution appoints the City Clerk as the Designated Election Official for the May 5, 2020 Special Municipal Election. This Resolution also ratifies the City Clerk’s February 26, 2020 certification of the content of the ballot for said election and ratifies all other actions of the City Clerk in connection therewith. PREVIOUS COUNCIL ACTION On February 10, 2020, by Ordinance No. 9661, City Council referred Ballot Question 2A to the eligible electors of the City of Pueblo and to be voted on at the May 5, 2020 Special Municipal Election and further directed that said election be conducted as part of a Mail Ballot Coordinated Election with Pueblo County. On February 24, 2020, by Emergency Ordinance No. 9673, the City Council amended the Ballot Title of Question 2A to use certain ballot language submitted by opponents of Ballot Question 2A in order to allow the May 5, 2020 election to proceed as scheduled. BACKGROUND C.R.S. 1-5-203 (3)(a) requires that the Designated Election Official of each political subdivision participating in a Coordinated Election certify the order of the ballot and ballot content. Such certification is to be delivered to the County Clerk and Recorder no later than sixty (60) days before the Coordinated Election. 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. Funding for the costs associated with conducting this Special Municipal Election is allocated in the City Clerk’s 2020 Departmental Budget. BOARD/COMMISSION RECOMMENDATION Not applicable to this Resolution. STAKEHOLDER PROCESS Not applicable to this Resolution. ALTERNATIVES If this Resolution is not adopted, the City will be unable to proceed with the May 5, 2020 Special Municipal Election. RECOMMENDATION Approval of the Resolution. Attachment: Proposed Resolution