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HomeMy WebLinkAbout07318ORDINANCE NO. 7318 AN ORDINANCE AUTHORIZING AND DIRECTING THAT THE NOVEMBER 8, 2005 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS A MAIL BALLOT ELECTION PURSUANT TO SECTION 5 -3 -1 OF THE PUEBLO MUNICIPAL CODE, ADOPTING FOR USE AT THE GENERAL 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, pursuant to the requirements of Section 17 -2 of the City Charter, a General Municipal Election is to be conducted on the first Tuesday following the first Monday in November, and Tuesday, November 8, 2005 is the first Tuesday following the first Monday in November 2005 WHEREAS, the Uniform Election Code of 1992 authorizes a municipality to utilize the requirements and procedures of the Uniform Election Code of 1992 for the conduct of a municipal election. and WHEREAS, pursuant to the provisions of section 5 -3 -1 of the Pueblo Municipal Code, and upon the recommendation of the Board of Election, the City Council believes it is appropriate for the 2005 General Municipal Election to be conducted by mail ballot; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City's General Municipal Election shall be held on November 8, 2005 and shall be conducted as a Mail Ballot Election in accordance with Chapter 3 of Title V of the Pueblo Municipal Code and the Mail Ballot Election Act, §1 -7.5 -101, et sec., C.R.S. SECTION 2. Pursuant to the authority granted by Article XX 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 extend 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 General Municipal Election to be held on November 8, 2005. SECTION 3. The City Clerk, the Board of Elections, and all officers of the City are authorized and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance and to conduct the General Municipal Election in compliance with the requirements and procedures of the Charter of the City of Pueblo 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. Registered voters shall have the opportunity to cast ballots in person as provided by the Mail Ballot Election Act at a polling place located in the City Clerk's office, City Hall, #1 City Hall Place, Pueblo, Colorado. SECTION 6. All public notices required to be published with respect to the general 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 mail ballot election to be held November 8, 2005. 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 mail ballot election to be held November 8, 2005. 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 May 23, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED June 13, 2005 — o oAd - t - /9 ao Background Paper for Proposed ORDINANCE 2, DATE: May 23, 2005 AGENDA ITEM 0 �7` J 9 DEPARTMENT: CITY CLERK'S OFFICE Gina Dutcher, City Clerk TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THAT THE NOVEMBER 8, 2005 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS A MAIL BALLOT ELECTION PURSUANT TO SECTION 5 -3-1 OF THE PUEBLO MUNICIPAL CODE, ADOPTING FOR USE AT THE GENERAL 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 ISSUE Should the City Council adopt an Ordinance directing that the November 8, 2005 General Municipal election be conducted as a Mail Ballot Election? Approval of the Ordinance. Pursuant to the requirements of Section 17 -2 of the City Charter, the General Municipal Election is to be conducted on the first Tuesday following the first Monday in November. For 2005, that election day is November 8. The State Constitution, specifically the Taxpayers Bill of Rights, calls for elections to be held on the first Tuesday of November, which in 2005 would be November 1. Although a Charter Amendment was proposed in 2004 to change the municipal election date to the first Tuesday in November in order to avoid the conflict, the voters rejected the amendment. Because this conflict of election dates remains, the City of Pueblo cannot participate in the Coordinated Election with the County. Because the City does not own any election machines or equipment the most cost effective option is to conduct the 2005 General Municipal Election as a Mail Ballot Election. In accordance with Chapter 3 of Title V of the Pueblo Municipal Code, this Ordinance would authorize the November 8, 2005 election to be conducted as a mail ballot election using the statutory procedures of the Mail Ballot Election Act. FINANCIAL IMPACT Funding in the amount of $30,000 has been allocated in the City Clerk's Budget specifically for the 2005 General Municipal Election; however, it is unknown at this time exactly how much a mail ballot will cost, as this will be the first time the City has conducted a mail ballot election.