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2004-38

AN ORDINANCE

SUBMITTING PROPOSED AMENDMENTS TO THE LAKEWOOD CITY CHARTER TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF LAKEWOOD AT THE SPECIAL MUNICIPAL ELECTION ON NOVEMBER 2, 2004, FURTHER DECLARING AN EMERGENCY

WHEREAS, the registered electors of the City of Lakewood adopted the Lakewood City Charter at the municipal election in 1983; and

WHEREAS, the City Council has determined that two amendments to the Charter are appropriate and necessary to clarify or otherwise modify certain provisions of the Charter; and

WHEREAS, pursuant to Section 14.9 of the Lakewood City Charter, Article XX of the Colorado Constitution and the provisions of the Colorado Revised Statutes, the City Council desires to adopt this ordinance in order to submit the proposed amendments to the Lakewood City Charter to a vote of the registered electors of the City of Lakewood at the special municipal election on November 2, 2004,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD, COLORADO, that:

SECTION 1. The following proposed amendments to the Lakewood City Charter shall be submitted to the registered electors of the City of Lakewood at the special municipal election on November 2, 2004:

PROPOSED CHARTER AMENDMENT NO. 1

Shall Article II, Section 2.9 of the Lakewood City Charter be amended to clarify that an individual, at the time of declaring their candidacy and throughout their term of office, shall be a registered elector in the City of Lakewood?

If so amended, Article II, Section 2.9 of the Lakewood City Charter shall read
"2.9 QUALIFICATIONS FOR OFFICE. Each member of the City Council shall be a citizen of the United States of America, at least twenty?one years of age, a resident of the City or of the area annexed to the City for at least twelve consecutive months immediately preceding the date of the election, a registered elector in the City, and a resident of the ward from which elected. As a condition of holding office as a member of the City Council, the Mayor shall be a resident of the City and each member of the City Council shall be a resident of the ward from which elected, provided that a change in ward boundaries shall not cause the removal from office of any member of the City Council until the end of the term for which such member was elected. No member of the City Council during a term of office shall be an employee of the City or hold any elected office of the State of Colorado or any political subdivision thereof. The City Council shall be the judge of the election and of the qualifications of its members."

FOR THE AMENDMENT _____

AGAINST THE AMENDMENT ______

PROPOSED CHARTER AMENDMENT NO. 2

Shall Article VI, Section 6.3 of the Lakewood City Charter be amended to set the date of the regular municipal election to be the first Tuesday in November of each odd-numbered year?

If so amended, Article VI, Section 6.3 of the Lakewood City Charter shall read: "6.3 REGULAR MUNICIPAL ELECTIONS. A regular municipal election shall be held in each odd-numbered year on the first Tuesday in November."

FOR THE AMENDMENT _____

AGAINST THE AMENDMENT ______

SECTION 2. The City Clerk shall take all actions necessary for such amendments to the Charter to be presented to the registered electors of the City of Lakewood at the special municipal election on November 4, 2004.

SECTION 3. If a majority of the registered electors voting thereon vote for a proposed amendment, such amendment shall be deemed approved regardless of the vote on any other proposed amendment.

SECTION 4. Effective Date: This ordinance shall take effect immediately upon signature of the Mayor.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 23rd day of August, 2004; published in full in the Lakewood Sentinel on the 26th day of August, 2004; set for public hearing on the 13th day of September, 2004; read, finally passed and adopted by the City Council on the 13th day of September 2004; and, signed and approved by the Mayor on the 14th day of September, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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