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HomeMy WebLinkAbout08046AS AMENDED AUGUST 10, 2009 ORDINANCE NO. 8046 AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2009 PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PUEBLO CHANGING THE OFFICE OF THE PRESIDENT OF THE CITY COUNCIL AND ONE AT LARGE COUNCIL MEMBER TO AN ELECTED MAYOR WITHOUT ADDITIONAL POWER OR AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 There is hereby submitted to a vote of the registered electors of the City of Pueblo at the general municipal election to be held on November 3, 2009 amendments to Sections 2 -1, 2 -3, 2 -6, 3 -1, 3 -3, 3 -4 and 3 -21 of the Charter of the City of Pueblo, as follows: Section 2 -1. Designation of Officers - In accordance with Article XX of the Constitution of the State of Colorado, the legally qualified holders of the following positions in municipal service are hereby declared to be officers, and their monthly salaries are hereby initially fixed in the following amounts until changed by ordinance, but shall not be increased during the current term of [councilmen] council members enacting such ordinance [President of the City Council] Mayor $[125.00] 900.00 Member of the City Council $[100.00] 700.00 Members of Boards or Commissions shall receive such pay, if any, as shall hereafter be set by ordinance. Section 2 -3. Elective Officers - The following officers shall be elected by the qualified electors: Mayor; Members of the City Council; Members of the Civil Service Commission; Such other officers as provided for in this Charter. Section 2 -6. Elected Officers - All elected officers shall continue to hold office until their successors are duly elected and qualified. An elective office shall become vacant whenever any officer becomes permanently incapacitated, either physically or mentally, and cannot perform the duties of his or her office, or if a [councilman] council member absents himself or herself from two regular council meetings during any one calendar year without reasonable excuse, as determined by the rules of procedure of the Council. Any officer after final conviction of a felony shall forfeit his or her office forthwith. If a [councilman] council member elected from a district moves from such district during his or her term of office, his or her office is automatically declared vacant. In the case of vacancy of a district council member, the Council shall fill the vacancy by appointment of an eligible person from such district. In case of a vacancy of a council member elected at large or of the Mayor the Council shall fill the vacancy by appointment of an eligible person selected from the City at large. Any vacancy in an elective office shall be filled by appointment of the Council. Any person appointed to fill a vacancy in an elective office shall have the qualifications required of persons regularly elected and shall hold the office until the next general municipal election when the vacancy shall be filled by election according to law and until his or her successor is qualified. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred. [Section 3 -1. Composition - The Council shall consist of seven members, four to be elected by district and three to be elected from the City at large. Terms of members of the Council shall commence on January 1, 1955. Of those elected at a special municipal election in 1954, the one councilman elected at large and the two councilmen elected by districts receiving the lowest number of votes shall hold office until January 1, 1956; the remaining four councilmen shall hold office until January 1, 1958. Thereafter each member shall be elected for a term of four years at the general municipal election to be held the first Tuesday after the first Monday in November, in odd numbered years.] Section 3 -1.1. Composition - The Council shall consist of the Mayor and six council members. Section 3 -1.2. Council members - Four council members shall be elected by district and two shall be elected from the City at large. Two district council members shall be elected for four -year terms commencing Snail De elected Tor tour -year terms Commencing wnn the zuij general municipal election. Council members elected at general municipal elections held on or before the 2009 general municipal election shall until tneir successors are auiy eiectea ana guanfiea. i ne terms Or council members shall commence at noon on January 1 of the year following the general municipal election at which he or she was elected. Section 3 -1.3. Mayor - The Mayor shall be elected from the City at enerai mumci of the votes cast for that office. If no candidate receives a majority of the votes cast for Mayor, a run -off election shall be held on the second Tuesday in December following the election. The run -off election shall be the c;ouncu may Dy oramance otnerwise airect, except mat the two persons receiving the highest number of votes for Mayor in the election shall appear on the ballot as candidates for Mayor with the first name being the i ne term of mayor snau commence on January i of the year touow general municipal or run -off election at which he or she was elected. Section 3 -3. Membership Rules - Except as otherwise provided in this Charter, the Council shall be the judge of the election and qualifications of its own members including the Mayor shall determine its own rules of procedure; [shall elect a president and vice - president thereofJmay punish its members including the Mayor for disorderly conduct and may compel attendance of its members including the Mayor Section 3 -4. [President of the Council] - Mayor and Vice -Mayor - The [President of the Council] Mayor shall preside over meetings of the Council and have the same right to speak and vote therein as any other member. [He] The Mayor shall be recognized as head of the City Government for all ceremonial purposes[.] and [He] shall execute and authenticate legal instruments requiring his or her signature as such an official. The [Vice- President] Vice -Mayor shall become acting [President] Mayor with the same duties as provided for the [President] Mayor in his or her absence or disability. The [President] Mayor shall in no case have the power of veto. The Mayor shall have no special administrative duties. At its first meeting in January 2012 and each year thereafter, the Council shall elect one of its members as Vice - Mayor. Section 3 -21. Disposition of Ordinances - The [President of the Council] Mayor shall sign all ordinances approved by the Council, both on the ordinance itself and in the ordinance record. All ordinances of Pueblo shall be indexed by subject by the City Clerk in a book kept for that purpose which shall be a public record. rd Transitional Provisions - The Sections of the City Charter set forth herein, as amended, shall become effective January 1, 2012, except that Sections 3 -1.2 and 3 -1.3 shall be effective for the general municipal election to be held in 2011. SECTION 2 This ballot title (submission clause and title) for the proposed Charter Amendments set forth in Section 1 hereof is hereby fixed and adopted as follows: QUESTION CHARTER AMENDMENT (retain council- manager form of government, change president of city council to an elected mayor) SHALL THE COUNCIL - MANAGER FORM OF GOVERNMENT BE RETAINED AND SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO CHANGE THE OFFICE OF THE PRESIDENT OF THE CITY COUNCIL AND ONE AT LARGE COUNCIL MEMBER TO A MAYOR- MEMBER OF THE CITY COUNCIL WITHOUT ADDITIONAL POWER OR AUTHORITY, ELECTED BY MAJORITY VOTE OF THE REGISTERED ELECTORS FOR FOUR -YEAR TERMS, WITH THE FIRST MAYOR BEING ELECTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN 2011? YES 72ce SECTION 3 The officials of the City are authorized and directed to take all actions necessary, appropriate or required to effectuate the provisions of this Ordinance. The City Clerk is directed to publish notice of election upon the Charter amendment in conformity with the provision of 1 1- 7.5- 107(2.5)(a) and 131 -2- 210(4), C.R.S. 5 SECTION 4 This Ordinance shall become effective upon final passage and approval, provided, however, that the Charter amendments set forth in Section 1 of this Ordinance shall become effective on January 1, 2012, except that Sections 3 -1.2 and 3 -1.3 shall be effective for the general municipal election to be held in 2011, and then only upon the affirmative vote of a majority of the registered electors voting thereon at the general municipal election to be held on November 3, 2009. INTRODUCED AND AMENDED ON: August 10, 2009 BY: Barbara Vidmar COUNCILPERSON A77TSTDD SY: CITY CLERK APPR D' } �. PRESIDENTaf Cfty Council PASSED AND APPROVED: August 24, 2009 R D �I � �I ED Background Paper for Proposed ORDINANCE AGENDA ITEM # R -2 AS AMENDED AUGUST 10, 2009 DATE: August 10, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2009 PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PUEBLO CHANGING THE OFFICE OF THE PRESIDENT OF THE CITY COUNCIL AND ONE AT LARGE COUNCIL MEMBER TO AN ELECTED MAYOR WITHOUT ADDITIONAL POWER OR AUTHORITY ISSUE Should City Council submit to a vote of the registered electors a proposed Charter amendment changing the President of the City Council to an elected mayor. RECOMMENDATION City Council's Blue Ribbon Panel recommends such change. BACKGROUND The proposed Charter amendment retains the Council- Manager form of government but changes the President of the City Council and one at large council member to an elected Mayor for four -year terms, without additional power or authority. If adopted by vote of the registered electors, the first Mayor election will be held at the general municipal election in 2011. The Mayor will be elected by a majority of votes cast for that office. If no candidate receives a majority of votes, a run -off election between the two persons receiving the highest number of votes for Mayor will be held on the second Tuesday in December following the election. The Mayor will be a member of Council. The Mayor will preside over meetings of the Council, have the same right to speak and vote therein as other Council members, shall be recognized as head of City Government for all ceremonial purposes, execute and authenticate legal instruments requiring his or her signature as such official, and have no special administrative duties. The Council shall annually elect from the members a Vice -Mayor at its first meeting in January starting January 2012. The Vice -Mayor shall become acting Mayor with the same duties during the Mayor's absence or disability. FINANCIAL IMPACT None.