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HomeMy WebLinkAboutOrdinance-1995-0995 INTRODUCED BY COUNCIL KEMBER WORTH Council sill No. 16 Ordinance No. 995 Series of 1995 TITLE: AN EMERGENCY ORDINANCE AMENDING SECTION 7-40 OF THE WHEAT RIDGE CITY CODE CONCERNING WRITE-IN CANDIDATES AND CANCELLATION OF ELECTIONS IN SPECIFIED CASES WHEREAS, a special election is scheduled within the city on May 2, 1995; and WHEREAS, the city Council is empowered by sections 31-10-306 and 31-10-507, C.R.S. to provide for write-in candidates and the cancellation of election in specified cases; and WHEREAS, the emergency enactment of this ordinance pursuant to City Charter provisions is necessitated for the immediate preservation of public property, health, peace, or safety; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 7-40 of the Wheat Ridge city Code is hereby amended to read: Sec. 7-40. Write-in candidate affidavit; cancellation of election; No write-in vote for any elected municipal office shall be counted unless an affidavit of intent has been filed with the city clerk by the person whose name is written in prior to five (5) oalendar duyo twenty (20) days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. In any election, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the city clerk, if so instructed by the City Council, either before or after such date, shall cancel the election and by resolution declare the candidates elected. Upon such declaration the candidates shall be deemed elected. Section 2. Emerqencv Declared. Pursuant to Section 5.13 of the Wheat Ridge City Charter, the Wheat Ridge City Council hereby determines that this ordinance is necessary for the immediate preservation of pUblic property, health, peace, or safety in that, with respect to a scheduled May 2, special election, it is likely that only one candidate will have filed for the office to be filled at the election, and without the immediate effectiveness of this ordinance, an unnecessary election and expenditure of public funds would be required. Ordinance No. 995 Page 2 section 3. Safetv Clause. The city Council hereby finds, determines and declares that this ordinance is promulgated under the general police power; of the city of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. section 5. This ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED as an emergency ordinance on a single reading by a vote of ---6....- to -L- on this 10th day of Apri 1 . 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge within 10 days after passage or as soon thereafter as possible. ~~ Dan Wilde, Mayor r, ATTEST: /1 , j f ':3} hv,-/L,,, W pl-rTZ ~ Wanda Sang, city cl~rk .l Published: Rocky Mountain News April 12, 1995 AS TO FORM BY CITY