HomeMy WebLinkAbout2021 Ordinance No. 0311
BY AUTHORITY
ORDINANCE NO. 31 COUNCIL BILL NO. 29
SERIES 2021 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE SETTING A BALLOT ISSUE AT THE NOVEMBER 2,
2021 ELECTION FOR DECISION BY THE QUALIFIED ELECTORS OF
THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO
AUTHORIZE THE INCURRENCE OF DEBT BY THE ENGLEWOOD
DOWNTOWN DEVELOPMENT AUTHORITY
WHEREAS, the City Council of the City of Englewood approved the formation of
the Englewood Downtown Development Authority pursuant to the Downtown
Development Authority Act, Part 8 of Article 25 of section 31, of the Colorado Revised
Statutes ("C.R.S.");
WHEREAS, the Englewood Downtown Development Authority ("EDDA") was
formed by the passage of Ordinance No. 25, Series 2020, and approved by the voters in
November 2020;
WHEREAS, the EDDA was formed and approved for the purpose of promoting
the cohesive improvement and redevelopment of the downtown area of the City of
Englewood;
WHEREAS, pursuant to Section 31-25-804(1), C.R.S., the City Council may
provide for submission to the EDDA's qualified voters, ballot issues on any local
government matters arising under Section 20 of Article X of the state constitution, as
defined in Section 1-41-103(4), C.R.S.; and
WHEREAS, the Englewood City Council has determined that one such ballot issue
should be submitted to the EDDA's qualified voters for decision at the November 2, 2021
election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Recitals. The above recitals are incorporated by reference in this
Ordinance and such recitals constitute findings in support of the following ordaining
sections.
Section 2. Pursuant to Section 31-25-804(1) C.R.S., there shall be submitted to
the qualified electors of the Englewood Downtown Development Authority, as defined in
the Downtown Development Authority Act and Ordinance No. 25, Series 2020, the
following ballot issue in substantially the following form:
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SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $70,000,000
(MAXIMUM PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$189,000,000.00 (MAXIMUM TOTAL PRINCIPAL AND INTEREST
COSTS), WITHOUT RAISING TAXES AND TO FINANCE THE
OBJECTIVES AND PURPOSES CONTAINED IN ANY ENGLEWOOD
DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT,
AS SUCH PLAN OR PLANS MAY BE ADOPTED AND AMENDED FROM
TIME TO TIME, AND SHALL SUCH DEBT CONSTITUTE A VOTER-
APPROVED REVENUE CHANGE, OFFSET AND EXCEPTION TO LIMITS
THAT WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20
OF THE COLORADO CONSTITUTION (TABOR), OR ANY OTHER LAW ?
Section 3. Mail Ballot Election. The election shall be conducted as a mail ballot
election in accordance with Articles 1 to 13 of Title 1, C.R.S. (the “Uniform Election Code”)
and the laws of Colorado, except as otherwise provided in the City Charter or ordinances
of the City, all as impliedly modified by relevant judicial decision, including without
limitation all acts required or permitted thereby with respect to voting by early voters’
ballots, absentee ballots, and emergency absentee ballots.
Section 4. Designated Election Official. Community Resources Services of
Colorado, LLC, is appointed as the designated election official (the “Designated Election
Official”) for all matters except as otherwise provided for by ordinances of the City or by
agreement.
Section 5. The City Clerk, the Designated Election Official, and other City
officials and employees are hereby authorized and directed to take all action necessary
or appropriate to effectuate the provisions of this Ordinance.
Section 6. The submission of the foregoing issue to the qualified electors is
authorized by Part 8 of Article 25, Title 31, C.R.S., Article X, Section 20 of the Colorado
Constitution, the City Charter and the Englewood Municipal Code.
Section 7. Severability. If any one or more sections or parts of this Ordinance
shall be judged unenforceable or invalid, such judgement shall not affect, impair, or
invalidate the remaining provisions hereof, it being the intention of the City Council that
the provision hereof is severable.
Section 8. Declaration. The City Council finds and declares that this Ordinance
is promulgated and adopted for the public health, safety, and welfare and this Ordinance
bears a rational relationship to the legislative object sought to be obtained.
Section 9. This Ordinance shall be in full force and effect from and after its
passage and publication as provided by the City Charter.
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Introduced, read in full, and passed on first reading on the 6th day of July, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
9th day of July, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the
8th day of July, 2021.
Read by Title and passed on final reading on the 19th day of July, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 31, Series of
2021, on the 22nd day of July, 2021.
Published by title on the City’s official website beginning on the 21st day of July,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 31, Series of 2021.
Stephanie Carlile
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