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HomeMy WebLinkAbout08039ORDINANCE NO. 8039 AN ORDINANCE DIRECTING THAT THE NOVEMBER 3, 2009 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, 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, 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, other district elections will be held at the same time as the City's general municipal election on November 3, 2009, 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 3, 2009; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: The City's General Municipal Election to be held on November 3, 2009 shall be conducted as part of a coordinated election as defined in the Uniform Election Code of 1992. SECTION 2. Pursuant to the authority granted by Article XX and 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 including Article 7.5 the Mail Ballot Election Act, 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 General Municipal Election to be held as part of a coordinated election on November 3, 2009. SECTION 3. 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 General 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 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. All public notices that are required to be published with respect to the General Municipal Election shall be published in the Pueblo Chieftain SECTION 6. 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 3. 2009. SECTION 7. 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 3, 2009. SECTION 8. 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 9. This Ordinance shall take effect immediately upon final passage and approval. INTRODUCED: July 13, 2009 BY: Barbara Vidmar COUNCIL PERSON APPR 0' 40 PRESIDENTof City Council ATTESTEC? BY: CITY CLERK PASSED AND APPROVED: July 27, 2009 4 Background Paper for Proposed ORDINANCE DATE: JULY 13, 2009 AGENDA ITEM # Q -5 DEPARTMENT: CITY CLERK'S OFFICE GINA DUTCHER, CITY CLERK TITLE AN ORDINANCE DIRECTING THAT THE NOVEMBER 3, 2009 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, 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 3, 2009 General Municipal election be conducted as part of a Coordinated Election? RECOMMENDATION Approval of the Ordinance. BACKGROUND Article X, Section 20 of the Colorado Constitution and the Uniform Election code of 1992 permits the consolidation of elections. The Board of Elections feels that it is in the best interest of the City and its Citizens to participate in the Coordination Election on November 3, 2009. The Board of Elections has reviewed the Ordinance and has adopted an Election Board Resolution recommending the adoption of the Ordinance by City Council. FINANCIAL IMPACT Funding for costs associated with the County Election Division conducting the General Municipal Election on behalf of the City has been allocated in the City Clerk's 2009 Departmental Budget. BE IT RESOLVED BY THE BOARD OF ELECTIONS OF PUEBLO, COLORADO that: SECTION 1: The Ordinance directing that the November 3, 2009 General Municipal Election be Conducted as Part of a Coordinated Election, 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 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, was reviewed by the Board of Election. Upon a motion made by B. Gloria Gonzales and seconded by Frank Petrocco and unanimously adopted, the Board of Elections approved the Ordinance and recommends the Adoption of the Ordinance by the City Council to constitute the election procedures, rules and regulations, as to the matters set forth in -Section 17 -7 of the Charter and the Uniform Election Code -of 1992. PASSED AND APPROVED THIS 16th day of July , 2009. B. Gloria Gonzales Frank Petrocco wk i tcher BOARD OF ELECTION: