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Home My WebLink About2013 Ordinance No. 046' , . • • • ORDINANCE NO.~ SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A QUESTION REGARDING OFFICIAL DESIGNATION OF PARK PROPERTY WITHIN THE CITY OF ENGLEWOOD . WHEREAS, on August 7th an initiative petition was submitted to the City Clerk's Office; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS , the Englewood City Clerk has certified the validity and sufficiency of the signatures for the initiative petition; and WHEREAS, the City must own property or have the consent of the owner to dedicate the property as a park; and WHEREAS, Hosanna is owned by Arapahoe School District No . 1; and WHEREAS, the District has not consented to dedication; and WHEREAS, Council Bill No. 35, Series of 2013 was passed earlier on the agenda selling the Englewood Depot; and WHEREAS, the Englewood Home Rule Charter Section 46 does not allow alteration of the initiative petition language to clarify the Hosanna and Depot properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. It has been determined that this initiated ordinance shall be enacted without alterations as provided for in Section 46, of the Englewood Home Rule Charter. 11 b ii Section 2. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 5, 2013 a proposed ballot question regarding official designation of Park property in the City of Englewood, to read as follows: Question No. 1 I Shall the Englewood Municipal Code of the City of Englewood, Colorado be amended to • include official designation of Park property within the City of Englewood in order to protect the people of Englewood and their right to vote on the sale of Park property by: dedicate as "Park" any property identified on 2006 Englewood Parks and Recreation Master Plan as a Park including but not limited to: Baker, Barde, Bates-Logan, Bellview, Centennial, Clarkson, Cushing, Depot, Duncan, Emerson, Hosanna, Jason, Miller Fields, Romans and Rotolo? ___ Yes ___ No Section 3. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 4 . The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 5. Only if the question is approved by the registered electors of the City of Englewood shall the Englewood Municipal Code be amended . Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance . Introduced, read in full, and passed on first reading on the 19th day of August, 2013. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 23rd day of August, 2013. Published as a Bill for an Ordinance on the City 's official website beginning on the 21st day of August, 2013 for thirty (30) days . Read by title and passed on final reading on the 3rd day of September, 2013. Published by title in the City 's official newspaper as Ordinance No. ~Series of 2013, on the 6th day of September, 2013. 2 • • ; I • • • Published by title on the City's official website beginning on the 4th day of September, 2013 for thirty (30) days. ---- I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is we copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 2013 . 3 1 • •• COUNCIL COMMUNICATION Date Agenda Item Subject August 19, 2013 11 a i i Proposed bill for an ordinance submitting to the registered electors of the City of Englewood a question regarding official designation of Park property within the City of Englewood. INITIATED BY STAFF SOURCE City Clerk's Office Frank Gryglewicz, Director Loucrishia A. Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council discussed this Initiative at the August 12, 2013 Study Session. RECOMMENDED ACTION Approve the proposed bill for an ordinance placing this issue on the November 5, 2013 ballot. As the Initiative Petition has been declared valid and sufficient, and the City Clerk has certified those results to City Council, the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder . On July 9, 2013 , a written notice of the proposed ordinance was filed with the City Clerk's Office in accordance with Colorado Revised Statutes § 31-11-1 04 ( 1 ). The deadline to turn in the petition was August 7, 2013 by 5:00 p.m. and they needed at least 519 valid signatures of City of Englewood registered electors. On July 11, 2013, the City Clerk certified the Initiative Petition as to form . On August 7, 2013, the Initiative Petition was filed with the City Clerk's Office. Englewood City Charter, Article VI § 46 .. .lf the petition is sufficient, Council shall pass the proposed ordinance without alterations within 30 days, or shall submit same to a vote of the electors at the next general municipal election. FINANCIAL IMPACT If Council does not pass the ordinance without alterations, the proposed ballot question will be placed on the ballot at the City's November 5, 2013 General Municipal Election. The cost of this additional ballot question is unknown at this time, but should not exceed the amount budgeted for 2013. LIST OF ATTACHMENTS • Written notice of the proposed ordinance Memo to Mayor Penn and City Council, dated August 12, 2013, certifying the validity and sufficiency of the Petition Proposed bill for an ordinance • • Shall The Englewood Municipal Code of the City of Englewood, Colorado be amended to include official designation of Park property within the City of Englew · ~e p~ple of Englewood and their right to vote on sale of Park property by: de~ating as "Park" any property identified on 2006 Englewood Parks and Recreation Master Plan as a Park including but not limited to: Baker, Barde, Bates-Logan, Bellview, Centennial, Clarkson, Cushing, Depot, Duncan, Emerson, Hosanna, Jason, Miller Fields, Romans and Rotolo? Beverly Cummins 3048 South Acoma Street Englewood , Colorado 80110 303 789-1415 Elaine Hults 3333 South Lincoln St #706 Englewood, Colo0rado 80113 303 781-0198 ,,,,, /~ . Signature: - ~--!,.-<;,-a:::::.---~/2:...,.,,,, ~~~:;,L-- / RECEIVED CITY OF ENGLEWOOD , CO JU l 9 201 .3 O f FiC : ,-.: T HE GP:·~ . ~ I ,,..,~--,-~ • • MEMORANDUM TO: Mayor Penn and City Council Members FROM: Loucrishia A. Ellis, City Clerk DATE: August 12 , 2013 SUBJECT: Initiative Petition: Shall The Englewood Municipal Code of the City of Englewood, Colorado be amended to include official des ignation of Park property within the City of Englewood in order to protect the people of Englewood and their right to vote on the sale of Park property by: dedicate as "Park " any property identified on 2006 Englewood Parks and Recreation Master Plan as a Park including but not limited to : Baker, Barde, Bates-Logan, Bellview, Centennial , Clarkson , Cushing , Depot, Duncan , Emerson , Hosanna , Jason, Miller Fields, Romans and Rotolo? State of Colorado ) ) ss County of Arapahoe ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11- 109, that the Initiative Petition filed with the City Clerk's Office on August 7, 2013 has been reviewed and it has been determined to valid and sufficient. Attest: cc : Gary Sears , City Manager Dan Brotzman, City Attorney Mike Flaherty , Deputy City Manager Frank Gryglewicz , Director of Finance and Administrative Services