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HomeMy WebLinkAbout2022 Ordinance No. 0331 BY AUTHORITY ORDINANCE NO. 33 COUNCIL BILL NO. 34 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 8, 2022, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors by City Council on its own initiative at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; and WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the city council may, on its own initiative, submit any charter amendment at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters; and WHEREAS, pursuant to § 31-2-210(1)(b), C.R.S., proceedings to amend a home rule charter may be initiated by an ordinance adopted by the governing body submitting the proposed amendments to a vote of the registered electors of the municipality and such ordinance shall also adopt ballot titles for the proposed amendments; and WHEREAS, pursuant to § 31-10-108, C.R.S., municipal special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body, and a special election may be held at the same time and place as a primary, congressional vacancy, or state general election as a coordinated election; and WHEREAS, pursuant to §§ 1-5-401 and 1-7-116, C.R.S., if more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the elections shall be coordinated by the county clerk and recorder as the coordinated election official; and WHEREAS, the City must take formal action to participate in an election that will be coordinated by the county clerk and recorder and must notify the county clerk and recorder in writing of such decision; and WHEREAS, the November 8, 2022, state general election will be held more than 30 days after the effective date of this ordinance. DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council hereby calls a special election to be coordinated with Arapahoe County on Tuesday, November 8, 2022. Section 2. At the special election to be held on Tuesday, November 8, 2022, ballot questions regarding proposed amendment to the Charter shall be submitted to the registered electors of the City. Section 3. The following ballot titles and ballot questions are hereby set: Question 1. To reflect the make-up of today’s workforce and for consistency, shall the City of Englewood Home Rule Charter be amended throughout to eliminate gender- specific pronouns, such as “he,” and to use the term “Council Member” consistently to refer to those serving on City Council? Question 2. Shall Article II, Section 12, of the City of Englewood Home Rule Charter regarding municipal elections be revised as follows with new language shown in bold underline and deleted language shown in strikethrough? 12: Municipal elections. A general municipal election shall be held on dates and in a manner specified in State law. Special municipal elections shall be held in accordance with the provisions of this Charter. The polling places shall be open from seven A.M. to seven P.M. election days. Question 3. Shall Article III, Section 20, of the City of Englewood Home Rule Charter regarding City Council redistricting be revised to comply with federal law by requiring contiguous, compact districts to have approximately the same number of registered voters, with the variance in number of registered voters between the district with the highest and lowest number of registered voters being minimized to the greatest extent possible? Question 4. To ensure new Council Members are sworn in following certification of election results, shall Article III, Section 22, of the City of Englewood Home Rule Charter regarding City Council terms of office be revised, in part, as follows with new language shown in bold underline and deleted language shown in strikethrough? 22: Terms. Terms of Councilpersons Council Members shall begin at 8:00 P.M., on the day of the next regularly scheduled City Council meeting following certification of the election results and upon taking an appropriate oath of office… DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 3 Question 5. For increased flexibility, shall Article III, Section 27, of the City of Englewood Home Rule Charter regarding Council meetings be revised, in part, as follows with new language shown in bold underline and deleted language shown in strikethrough? 27: Council meetings. Council shall meet regularly at the City Hall, at least twice each month, at a day, time and manner and hour to be fixed from time to time by the rules and procedures of each Council; however, Council may, upon appropriate prior published notice hold any regular or special meeting at such other appropriate public place in the City as they may designate… Question 6. Shall Article VII, Section 52, of the City of Englewood Home Rule Charter, regarding the City Manager’s powers and duties, be revised to eliminate an unnecessary and outdated reference to the City Manager developing and maintaining a municipal airport? Question 7. Shall Article VIII, Sections 54, 56, 59 and 61 of the City of Englewood Home Rule Charter regarding board and commission members be amended to specify a minimum number of five (5) members shall serve on the Public Library Board, the City Planning and Zoning Commission, the Board of Adjustment and Appeals, and the Water and Sewer Board, respectively, and to allow such higher number of members on each board or commission as may be specified by ordinance? Question 8. Shall Article IX, Part III, Section 73, of the City of Englewood Home Rule Charter regarding recovering compensation from the City be amended to comply with the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.? Section 4. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 adjudged 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. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 4 well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, 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 obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 27th day of June, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 30th day of June, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 29th day of June, 2022. for thirty (30) days. Read by Title and passed on final reading on the 18th day of July, 2022. Published by Title in the City’s official newspaper as Ordinance No. 33, Series of 2022, on the 21st day of July, 2022. Published by title on the City’s official website beginning on the 20th day of July, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 5 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. 33, Series of 2022. Stephanie Carlile DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5