HomeMy WebLinkAbout05739ORDINANCE NO. 5739
AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION
FOR MAY 12, 1992 AND SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF PUEBLO AT THE SPECIAL
MUNICIPAL ELECTION ORDINANCE NO. 5729 GRANTING TO
TCI CABLEVISION OF COLORADO, INC. A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A
CABLE TELEVISION SYSTEM WITHIN THE CITY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
A Special Municipal Election is hereby called for May 12,
1992 and Ordinance No. 5729, a copy of which is attached hereto
and incorporated herein, granting to TCI Cablevision of Colorado,
Inc., a nonexclusive franchise to construct, maintain and operate
a cable television system within the City is hereby submitted to a
vote of the registered electors of the City at such special
municipal election. The ballot proposal shall be in substantially
the following form:
FRANCHISE QUESTION SUBMITTED
Shall Ordinance No. 5729 granting to TCI Cablevision of
Colorado, Inc., a nonexclusive franchise and right to
construct, install, operate, provide and maintain a cable
television system within the City; and a nonexclusive right
to make reasonable use of streets, roads, alleys, bridges,
viaducts, public easements and other public places within the
City as may be necessary to carry out the terms of Ordinance
No. 5729 be approved?
For The Ordinance
Against The Ordinance
SECTION 2
Except as herein otherwise provided, expressly or by neces-
sary implication, the election on the franchise question and
Ordinance No. 5729 shall be conducted as nearly as practicable in
conformity with the provisions of the Pueblo Election Code in the
same manner as general municipal elections. The use of an
electronic voting system is hereby authorized. The City Clerk
shall cause to be prepared electronic voting system ballots and
(to the extent necessary or advisable) paper ballots. The ballots
shall contain the words "For The Ordinance" and "Against The
Ordinance ", which will permit each elector to record his or her
vote for or against Ordinance No. 5729. The City Council does
hereby adopt the optional registration plan provided for in
Section 17 -9 of the Charter of the City of Pueblo as set forth in
the Pueblo Election Code and hereby declares and determines that
voting machines are not available and all votes shall be taken,
recorded and tabulated by use of an electronic voting system.
SECTION 3
The City Clerk shall (a) give notice of the election and of
registration requirements in connection therewith, and (b) cause
the full text of Ordinance No. 5729 to be published once in the
Pueblo Chieftain at least ten (10) days prior to the special
municipal election.
SECTION 4
All action heretofore taken by the City Council and officers
of the City, not inconsistent with the provisions of this
Ordinance and toward the special election, be, and the same is
hereby ratified, approved and confirmed.
SECTION 5
The officers of the City hereby are authorized and directed
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to take all action necessary or appropriate to effectuate the
provisions of this Ordinance.
CFrTTnM A
If any provision of this Ordinance is held to be invalid or
unenforceable, such holding shall not affect any of the remaining
provisions of this Ordinance.
gPC'TTnN 7-
All ordinances, resolutions, rules and regulations of the
City inconsistent with this Ordinance are hereby suspended to the
extent of such inconsistency for the purpose of the special
municipal election and this Ordinance.
SECTION 8.
TCI Cablevision of Colorado, Inc. shall prior to final
passage of this Ordinance deposit with the Director of Finance of
the City the expenses (to be determined by the Director of
Finance) of the special municipal election as required by Section
16 -2 of the Charter of the City.
SECTION 9.
This Ordinance shall take effect immediately upon final
passage.
ATTEST:
Cit Clerk
INTRODUCED: February 10, 1992
By JOYCE LAWRENCE
Councilperson
APPROVED:
Presid nt of the City Council
TJ 57.36 -3-