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
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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.