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Town Council Resolution 27 2015TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 27 SERIES OF 2015 A RESOLUTION SETTING AN ELECTION DATE ON THE PETITION FOR RECALL OF CHRIS JACOBSON FROM THE OFFICE OF TOWN COUNCIL MEMBER AND ELECTION OF A SUCCESSOR COUNCIL MEMBER WHEREAS, the provisions of Section 2.7 of the Home Rule Charter provide to the electors of the Town of Snowmass Village the power to recall elected officials of the Town; and WHEREAS, on July 20, 2015 a Petitioners Committee was formed and the Committee submitted to the Town Clerk a petition for approval as to form; and WHEREAS, on July 21, 2015 the Town Clerk approved as to form the "Petition for Recall of Chris Jacobson from the office of Town Council Member' and the Petitioners Committee began circulating the Petition for signatures from electors; WHEREAS, on August 3, 2015 the Petitioners Committee filed with the Town Clerk a Petition containing 323 signatures demanding the recall of Council Member Jacobson;and WHEREAS, on August 6, 2015, the Town Clerk issued a Statement of Sufficiency determining that the 256 of the signatures were valid and that therefore Petition contained enough valid signatures to call an election on the Petition subject to Protest; and WHEREAS, the period for filing of Protest began August 7, 2015, ran for fifteen days and ended August 21, 2015 without any Protest filed with the Town Clerk; and WHEREAS, on August 24, 2015 the Town Clerk determined that the Petition for Recall of Chris Jacobson from the office of Town Council Member contained a sufficient number of valid electors signatures to require an election on the question of recall and issued a Final Determination of Sufficiency; and WHEREAS, the Town Clerk submitted said Petition to the Governor of the State of Colorado requesting the Governor to set an election date on the recall question and staff for the Governor informed staff that, rather than the Governor, the Town Council was required by C.R.S. Section 31-4-503(4) to set the date for the election on the recall question; and WHEREAS, candidates to succeed to the office of Town Council Member in the event the "YES' votes exceed the "NO" votes, shall file with the Town Clerk nominating TC Reso 15-27 Page 2 of 3 petitions on forms provided by the Town Clerk no later than 5:00pm on September 11, 2015 for inclusion on the second section of the election ballot; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: 1. Date of Election. The Town Council hereby accepts, approves and ratifies the determinations made by the Town Clerk regarding the sufficiency of the Petition for Recall of Chris Jacobson from the office of Town Council Member and hereby sets October 13, 2015 as the date of an election on the following question: Shall Chris Jacobson be recalled from the office of Town Council Member?" Yes No 2. Direction to Town Staff. Town Staff is hereby authorized and directed to take such actions as are necessary and proper to conduct an election, including but not limited to, allowing successor candidates be listed in order by lot on the second section of the ballot with the candidate receiving the highest vote total being elected successor in the event the "YES' votes exceed the "NO" votes and conducting the election as a mail -in ballot according to mail -in ballot plan submitted to the Colorado Secretary of State and all other necessary and prudent actions and/or obligations of the Town to conduct an election in accordance with law. 3. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on August 31, 2015 upon a motion by Council Member Shenk, the second of Council Member Sirkus, and upon a vote of 4 in favor and 0 opposed. Council Member Jacobson was absent. TOWN OF SNOW2er, MASS VILLAGE k y Mayor TC Reso 15-27 Page 3 of 3 APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney