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HomeMy WebLinkAbout2015 Ordinance No. 012I ,. ' ORDINANCE No. j;b. SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REDISTRICTING OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Cowicil established the current Council District boundaries by the passage of Ordinance No. 1, Series of 2011; and WHEREAS, pursuant to Article ID, Section 20, of the Englewood Home Rule Charter, the four Council Districts shall be contiguous and compact and have approximately the same number of registered voters, and every four years Council shall make such divisions, changes, and consolidations necessary to carry out the intent of Article m, Section 20, of the Home Rule Charter; and WHEREAS, the Englewood City Charter requires that the number of registered voters should • vary no more than 15% between the highest and lowest Council Districts; and WHEREAS, the Article V, Section 46 of the Constitution of the State of Colorado has a population provision that case law supports, even though the provision is not made specifically applicable to municipalities; and WHEREAS, the Constitution of the State of Colorado provision stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district; and WHEREAS, the proposed redistricting meets both the population and registered voter criteria; and WHEREAS, the proposed redistricting meets the registered voter criteria of the Englewood Home Rule Charter with a 11.9% differential; and WHEREAS, pursuant to population requirements established by the Constitution of the State of Colorado, Article V, Section 46, the proposed redistricting meets the population criteria with a 4.2% differential; and WHEREAS, the Englewood Home Rule Charter requires that any redistricting be completed at least six months prior to the General Municipal Election November 3, 2015 at which it is to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1 9 b ii Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 2000, to read as follows: 1-S-1: Council Districts. A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe. Council District No. 1: Council District No. 1 shall include and be comprised of all that portion of the City lying northerly and westerly of the following described line: Beginning at the intersection of the easterly prolongation of the centerline of West KeR)'oH h,•eRUe Jefferson Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West K:eayee Jefferson Avenue to the intersection at South Bf0aev,•ay Delaware Street; thence HoABerly southerly along the centerline of South Broae·.vay Delaware Street to the intersection at east Floyd ~ ~QXQ!) Avenue; thence easterly along the--,wg centerline of East Floyd West Kenyon Avenue to the intersection at South Do•.TlfWlg Ske et Broadway: thence northerly along the centerline of South D □'i','HiHg Street Broadway to its W intersection at..East HamR,d_en_AY:enue: th_ence easterly along the centerline of East Hampden A venue to the inters ection at Sout h Loga n Str;g; th ence north erl y along tbe cente r1 j:ge of.,Solrtb Lo gan 5tg;s;J toJb.~ntersectjon at Eas t Flo yd Avenue;thence easterly a1oo g th e cent erl ine of East Floyd Ayenue,toJ heintersec tion at south qartcson Street · thence northerly along the centerline of South Clarkson Street to its intersection with the northerly City Limit line. Council District No. 2 : Council District No. 2 shall include and be comprised of all that portion of the City lying northerly and easterly of the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly City Limit line of Englewood; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence northerly along the centerline of South Broadway to the intersection at East Fle,.a Hampden A venue; thence easterly along the centerline of East Hampden Avenue ~ intersection at South Logan Street: thence eas1 eay northerh_along the centerline of East Flo;•a A1,'eHse South Logan Street to the intersection at South De1w'HiHg Street East Floyd A venu e; thence Hortherly easterly along the centerline of~ DevliHBg ~ East Floyd Avenue to its the intersection at South Clarkson Street; thence northerly along the centerline of South Clarkson Street to it s in tersection with the northerly City Limit line. 2 • ' ., . Council District No. 3: Council District No. 3 shall include and be comprised of all that portion of the City bounded by the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly City Limit line of Englewood; thence westerly along said centerline of East Kenyon A venue to the intersection at South Broadway; thence continuing westerly along the centerline of West Kenyon Avenue to the intersection at South Delaware Street: thence northerly along the centerline of South Delaware Street to the intersection at West Jefferson Avenue; thence westerly along the centerline of West Jefferson Avenue and along the proton gation of the centerline of West Jeff ersoo Avenue to the westerly City Limit Jine of Englewood; i~ interseetiee with thence southwesterly along said the westerly City Limit line to its intersection with the centerline at West Oxford Avenue; thence easterly along said centerline of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford A venue; thence easterly along the centerline of West Stanford Avenue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Belleview Avenue; thence easterly along the centerline of East Belleview A venue to its intersection with the City Limit line; thence continuing easterly and along said City Limit Jioe to the easterly City Limit line at South Clarkson Street: thence northerly along said City Limit line to the intersection with the prolongation of the centerline of East Kenyon Avenue, said point also being the Point of Beginning. Council District No. 4: Council District No . 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line: Beginning at the intersection of the centerline of West Oxford Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Oxford A venue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the centerline of West Stanford Avenue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Belleview Avenue; thence easterly along the centerline of East Belleview A venue to its intersection with the City Limit line. 3 B. Equivalent Size. The City Council finds, determines and declares that the four (4) districts, as hereinabove established, contain an approximately similar number of citizens as determined by the ~ ~ Census figures. The districts contain a similar number of registered voters as determined by the number ofregistered voters as of November 3, 2QQ9 5, 2013, and the variance between the district with the highest number ofregistered voters and the district with the lowest number of registered voters is not in excess of fifteen percent (15%). C. Annexations. All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City. Section 2. 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. Section 3. 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. Section 4. 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. Section 5 . Effect of r epeal or modification. The repeal or modification of any provision of lhe 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 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. Introduced, read in full, and passed on first reading on the 6th day of April, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of April, 2015. 4 • • . , • • Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of April, 2015 for thirty (30) days. Read by title and passed on final reading on the 20th day of April, 2015. Published by title in the City's official newspaper as Ordinance No./4-6-Series of 2015, on the 23rd day of April, 2015. Published by title on the City's official website beginning on the 22nd day of April, 2015 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. --!iandy P. Penn, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is t true copy of the Ordinance passed on final reading and published by title as Ordinance No.~Series of 2015 . 5 .. r -COUNCIL COMMUNICATION Date Agenda Item Subject April 6, 2015 11 a i Redistricting INITIATED BY STAFF SOURCE City Clerk's Office/Election Frank Gryglewicz, Director of Finance and Administrative Commission Services Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. l, Series of 2011, adopted by City Council on January 18, 2011, established the current City Council District boundaries. At their January 20, 2015 Study Session City Council reviewed the three redistricting options and, specifically, Option 3, which the Election Commission recommended. Council directed staff to revisit the options in an effort to keep the West Hampden Avenue business corridor intact within District 1. Community Development Planner II John Voboril prepared an Option 4 based on Council's direction. City Council reviewed Option 4 at their February 17, 2015 Study Session. -RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance authorizing the proposed redistricting. BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED The Englewood City Charter requires that the number of registered v o ters be reviewed every four years in an effort to equalize the Council Districts. The Englewood City Charter (Article Ill, Section 20) requires that the number of registered voters should vary no more than 15% between the highest and lowest Council Districts . We use the number of registered voters, as determined by the number registered to vote at the preceding General Municipal Elec tion, which was November 5, 2013. The Constitution of the State of Colorado (Article V, Section 46) has a population provision which case law supports, even though the provision is not specifically applicable to municipalities. The provision stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated districts. Option 4: Population Registered Voters District (2010 Census) (November 5, 2013) 1 7,446 4 789 2 7,527 5 315 3 7,521 5,359 4 7,761 5,235 Population % difference between highest and lowest figure = 4.2% Registration% difference between highest and lowest figure= 11.9% The proposed redistricting meets both the population and registered voter criteria. The Charter requires that redistricting be completed at least six months before the General Municipal Election at which it is to become effective. FINANCIAL IMPACT Minimal [cost of printing maps] LIST OF ATTACHMENTS City Council District Map: Option 4 Pr oposed Bill for an Ordinance • • BELLEVIEW ~ 0 (I) YALE City of Englewood, Colorado City Council District Boundaries ~ :ti, ~ -!:: DARTMOUTH c:::J District I CJ District II • District Ill D District IV /V Arterials and Collectors /V Local Streets 0 0.5 1 1.5 Miles 8 City of Englewood February 2015