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HomeMy WebLinkAboutORDINANCE 02-120 ORDINANCE NO.02-12 AN ORDINANCE AMENDING SECTION 2.04050 OF THE MUNICIPAL CODE REGARDING THE QUORUM FOR THE BOARD OF TRUSTEES WHEREAS,pursuant to the provisions of Section 31 -4-302 C.R.S.and Section 2.12.030 of the Municipal Code,the Mayor shall have no vote upon any question, except in the case of a tie vote;and WHEREAS,Section 31-4-302 C.R.S.provides that the Mayor shall be considered a member of the Board of Trustees;and WHEREAS,Section 2.04.050 of the Municipal Code provides that four members of the Board of Trustees shall be a quorum for the transaction of business which includes the Mayor as a member of the Board of Trustees;and WHEREAS,Section 31-4-302 C.R.S.provides that in the event the Mayor is not entitled to vote except in the case of a tie vote,the Town may,by ordinance,provide that the Mayor shall not be counted for purpose of determining a quorum;and WHEREAS,Section 31-4-302 C.R.S.provides that any such ordinance may be adopted only within sixty days preceding any election of a Mayor,to take effect upon the Mayor’s assumption of office;and WHEREAS,the regular municipal election of the Town of Estes Park will be held on April 3,2012,at which time the Mayor shall be elected;and WHEREAS,as currently set forth in Section 2.04.050 Quorum of the Municipal Code,it is possible that three Board members and the Mayor constitute a quorum,and that the vote of two Trustees is sufficient to approve an action of the Board;and WHEREAS,the Board of Trustees has determined that it is necessary to amend Section 2.04.050 of the Municipal Code to provide that the Mayor shall not be counted as part of a quorum for the transaction of business in order to remove the possibility of two Trustees approving an action of the Board. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: 1 0 C 1.Section 2.04.050 of the Municipal Code shall be amended to read as follows: Section 2.04.050 Quorum “Four (4)members of the Board of Trustees shall be a quorum for the transaction of business.The Mayor shall not be counted for the purpose of determining a quorum.No business shall be transacted except when a quorum is present,but a smaller number may adjourn the meeting to another time.” 2.This Ordinance shall take effect upon the new mayor’s assumption of office following the regular municipal election of April 3,2012. PASSED AND ADOPTED by Colorado this day of of the Town of Estes Park, 2012. I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the 23 -day of ctcQ ,2012 and published in a newspaper of general publication in the Town of rstes Park,Colorado, onthe 3°dayof \—kc’Qc&4 ,2012. c2 N .o To(j Clerk the Board of Trustees ATTEST: n Clerkj 2