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HomeMy WebLinkAbout07149ORDINANCE NO. 7149 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, DIRECTING THAT THE NOVEMBER 2, 2004 SPECIAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED 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, Article X, Section 20 of the Colorado constitution and the Uniform Election Code of 1992 permits districts to consolidate elections held on the first Tuesday in November of odd - numbered years, and WHEREAS, a state election will be held at the same time as the City's special municipal election on November 2, 2004, 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 2, 2004; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 A special municipal election of the City of Pueblo, a Municipal Corporation, is hereby called to be held on November 2, 2004. SECTION 2_ The City's special municipal election to be held on November 2, 2004 shall be conducted as part of a coordinated election as defined in the Uniform Election Code of 1992. SECTION 3_ Pursuant to the authority granted by 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 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 election to be held as part of a coordinated election on November 2, 2004. 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 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 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 all votes at the special municipal election shall be taken, recorded and tabulated by the use of an electronic voting system. 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 November 2, 2004. SECTION 8_ 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 2, 2004. SECTION 9. 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 10. This Ordinance shall take effect immediately upon final passage and approval. INTRODUCED Mav 24. 2004 Background Paper for Proposed ORDINANCE - -A /-) /qg AGENDA ITEM # 1�3 3`t DATE: May 24, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, DIRECTING THAT THE NOVEMBER 2, 2004 SPECIAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USEATTHE SPECIAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OFTHE 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 ISSUE Should City Council call a special municipal election as a coordinated election for November 2, 2004? RECOMMENDATION Call a special municipal election. BACKGROUND Charter amendments relating to election procedures and employee residency requirements as well as an ordinance requesting approval of the voters to use excess revenues to be received from Xcel Energy, Inc. are proposed to be submitted at the special municipal election. FINANCIAL IMPACT City will share on a proportional basis costs incurred by the Pueblo County Clerk in conducting the general election to be held on November 2, 2004 as a coordinated election.