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
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ATTEST: /1
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Wanda Sang, city cl~rk
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Published: Rocky Mountain News
April 12, 1995
AS TO FORM BY CITY