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HomeMy WebLinkAbout2011 Ordinance No. 001ORDINI\NCE NO. / SERIES OF 2011 - RY AlITHORITY COUNCCL BCLL NO . I INTRODUCEDBYCOUNCCL MEMBER WD..SON AN ORDINANCE AMENDING TITLE 1, CHAl'TcR 5, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 20()~. RELATING TO REAPPORTIONMENT OF cm· COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, CCLORADO. WHEREAS, the Englewood City Council established tlic curre nt Council District boundaries by the passa ge of Ordinance No . 3, Series of2007; and WHEREJ,S, tho E.nglcwood City Council hereb>· affirms that the current Council District boundaries as set b~ 0rdir.ance No . 3, Series of2007 remain the same; and WHEREAS, pursuant 1,, Miele m, Section 20 , of the Englewood Home Rule Charter , the four Co11nc1I Districts shall be contiguous and compact and have approximately the same number of registered voters, and every four years Council shall make such divis ions, chan ges, and consolidations necessary to carry out the intent of Miele Ill, Se •;tion 2l :, of the Home Rule Charter; and WHEREAS, the Englewood City Charter requires that the number oi registered voters should vary no more than 15% between the highest and lowest Coun cil District s; and WHEREAS, the Constitution of the State of Colorado has a population provision that case law suppor.s, even though the provision is not made specifically applicable to municipalities; and WHEREAS, the Constitution of the S1a1, of Colorado provision stipulates that the population of the districts reOect no more than a 5% differential between the most and the least populated district ; and WHEREAS, the current api,;,rt i~rJUer.t meets both the population and registered voter criteri a; and WHEREAS, the current districting meets th e regist ered vot er crit eria of the Englewood Home Rule Chart er with a 14.61 % differential ; and WHEREAS, pursuant 10 populat ion requirements established by the Constitution of the State of Colorado , Miele V, Sect ion 46, the current districting me ets the pupul•tion criteria with a 4.99% differential ; and WHEREAS, the Englewood Hor:ie Rule Charter requires that an y reapponionment be completed at least six months prior to the general munic :pal election November I, 201 I at whi ch ii is to hecome effective ; and WHEREAS, the Englewood Election Commission is charged with reviewing and recommending reapponionment to City Council; and \ 9b i WHEREAS, lhe Englewood Election Commission reviewed lhe upponionmenl and rm . .:ommonds the current apportionment remain unchanged. NOW , TIJEREl'ORE, BE IT ORDAINEIJ BY THE CITY COUNCIL OFTME CITY OF ENGLEWOOD, COLORADO, AS l'OLLOWS : Section I . The Ci1y Co uncil oflhe Cit) o f Englewood, Colorado, hereby dclcnninc., Ihm the Engl ewood Council Districts de scribed in Title I, Chapter 5, Secliun I, of the cnglewood Municipal Code 2000, remain us current :y dcscr:bed and a:nendinc 1-5-1 (8), 10 rcitd as fo ll ows: 1-5-1. COUNCIi . OlSTRJ CTS : A. Districts Descri bed. Ea::h di.~trict i~ ln ca!ccl ,n thr: S1n1c of Colorndo and tht! Coun ty of Arapahoe . Coun c il Distri c t No. I; Co unc il Di str ict No. I s hnll includ e 1.1 11d be comp rised of all timt poni ou of 1h.: Cit y lyi ng nonhcrly and westerl y of the following dcsc1 il>cd line:. Hc~inning at the intersecti on of the centerline o f West Kc1,yc111 Avcnut: and the Wl!Stc rly City Limit line of Englewood; thence e ast erly aluug !laid ccmcrlin c of \Vest Kenyon Avenue to the intersection at South Droadway; tltcnce nonhcrly along 1he cc,ucrline of South Broadway 10 1hc intersection at East Floyd Avenue; thence easlerly al ong the ccnlerlme of 1:ast Floyd Avenue to lhc intersection at South Down ing Stre et; thence northerly nlong the centerline.: of South Downing St reet 10 ils ,ntcrseclion with the northerly City Limil line Council District No . 2: Council 1Jis1rict No. 2 shall include and he comprised of all that pnnion of the Ci1y lying northerly and easterly nfthe following d escribed line· Degin:iing ot the intersection of th e rastcrly prolong.1tio 11 of the centerline <'f East Kenyon Avenue and the eil~tcrl y City Limit line of Englewood: thence westerly :tlong said centerline of East Kc11yon Ave nu e to the intersection .11 South Broa dwa y; thence northerly along the centerline of South Brondway to the intersection nt F.nst Floyd Avenue ; thence easterly alon ~ th e c.:c:lllcrl1m; o f East Floyd Avenue to the intcrscc 1ion at S outh Downing Street, thence nonherly along the ccnt..:rlinc of South Downing Strei;t lu its inter section with the nonhcrly City Limit line . Council Uistnct No . 3 : Council District No. 3 shall incl ude and oe c omprised o f all that portion of the City bounded by the following described line: Beginning ot the intersection oflhe easterly prolongation of the centerline of East Kenyon Avenue and the easterly City I .imil line of Englewood : thence westerly along said ccn1erline of East Kenyon Avenue to the in1er!;ecti on at South Broadway ; thence continuing westerly along the centerline of West Kenyon Avenue to its intersection wilh the westerly Cit y Limit line of Englewood ; thence southwesterly along sa id westerly City Limit line to its intersection with the centerline at West Oxford Avenue; thence easterly along said centerline of West Oxford Avcnu, 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 southdy along the centerline of South Broadway to the intersection at East Belleview Avenue: thence easterly alona the centerline of Eas: Belleview Avenue to its intersection with the City Limit line; thence continuing easterly and northerly along ssid C.iry I .imit line 10 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 westecly of the following described line: Beginning at the intersection of the centerline of West Oxford Avenue und the westerly City Limit line of Cnglewood; thence easterly along said centerline of West Oxford Avenue to the intcrccction al 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 llroadway; thence southerly along the centerline of South Broadway :o the inter.section at East Belleview Avenue: thence easterly along the cemcrline of East Belleview Avenue to its intersection with the City Linut line. B. Equivalent Size . The City Council finds, detennines and declares that the four (4) districts, as hereinabove established, contain an approximately similar number of citizens as determined by the 1000 Census figures. The distr.cts contain a similar number of registered voters as detennined by the number of registered voters as oi Ne"'emher 1~ ~ ~. and the variance between the district with the highe;t number of rer,istered 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 aud becomes a pan of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City. Section 2. Safetv Clauses. The City Cow1cil 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, satety, 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 detennines that the O,·dinance bears a rational relation to the proper legis!ative object sought to be obtained. Sectjon 3 Scverability, If any clause, sentence , parag.·•ph, or pan of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent juri~dic.tion lJ1Valid, such judgmmt shall not affect, impair nr invalidate the rernainder of this Ordinance or its app lication to other persons or circumstances. Scc1i,1n 4. Inconsistent Ordmances . All other Ordinances or portions thereof inconsistent or connicling with this Ordinance or any portion hereof are hereby repealed lo the extent of such inconsistency or connict . ~ Effect of rcoeol or modification . The rcpenl nr moctific :11im1 of any rrovision of thr Code of the City of Enijlewood by this ( :dinancc shall 1:ot release , extingui sh, alter, mociify, or change in wl,ole or in part .::my penr,lt y, forfeiture, or litibilit y, either civil or criminal, which :ilrnll lrnvc been incui,·crt under such provision, m:d cnc h prov is ion shall be treated and hcM ;1..-. stil '. rcrnaining in force for the purp oses of sw-.,ai11 :11g any a11J all prupcr m,aions, suit:,;, piocecdiugs, and prosL-cutions for the enforcement of the penalty , forfeiture, or liability , as wcH as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , ente red, or made in such actions , suits, 1m>et!:!dinb'S, or prosecutions. Introduced, read in fttll, and passed on first reading on the 4th day of January, 2011. Published by Title :t!; a Bill for an Ordinance in 1he \.i1y·.~ nfficial newspaper on th e 14111 c!ny of .la1111ary , 2011 . Publi:;hed ar. n Bill :Or un Or~in ,•.nce on the City's o'.fic;c11 wcb ~i tc hcg innin~on the 5th d.-,y c,f January, 201 I for thirt y (30) days . Read by 1itle and pa ss~d on fi,rnl readi ng on.lhc I 811' d.:y of January , 2011 . Published by tille in the City's ol'licial newspaper as Ordinance No L. Series of 2011, on the 21 11 dny of .l1.1mrnry, 20 11. Published by title on the City's official web site begim1ing on the 19'' day of January, 2011 for th irty PO) clays . I, Loucrishia A. EIits , City Clerk o f the City o f Englewood, Colorado , hcrr.hy certify that the above and fo regoing is a true copy of the Ordinance passed on final rc.,din(. nnd published by title :l!; Ordinance No. _j_, Series of 2011 . L,✓-~ COUNCIL COMMUNICATION I Subject: ·-. -- Date: Agenda Item: January 4, 2011 9 a i Redistricting Initiated By: Staff Source: Department of Finan ce and Administrative Frank Gryglewicz, Director of Finance and Services Administrative Services City Clerk's Office/Election Commission Luuuishia A . Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Orriinanre No 3, Series of 2007, adopted by City Council on February 5, 2007, established the c urrent City Council District boundaries. RECOMMENDED ACTION Staff seeks City Council's support for a bill for an ordinance reaffirming the City's current City Co uncil ni~tri ct boundaries. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Charter requires that the number of registered voters b e reviewed every four yea;s 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 Geaeral Municipal Election, which waf ,\lovember 3, 2009. The Constitution of the Stale of Colorado (Article V, Section 46) has a population provision which case law supports, even thoueh the provisinn is nnt sp ec ifi cally applicable to municipalities. The provisio n stipulate; that the population of the districts reflect no more than a 5% differential between the 111u,1 an d th e least µop ulated district . The El ection Commission is charge d with review ing and recommending redistricting to City Council. The Charter requires that redistricting be completed at le as t six months before the General Municipal ~lecti o n at which it is to be c ome effective. The Englewood Election Commission reviewed the two redistricting options, as prepared by Community Deve;,,pme nt Planner II , John Voboril. The Election Crnnrnissi on recommend, the following proposed redis tricting (Option 1 }: --·-Population Registered Voters Districl (2000 Census) (November 3, 2009) ____ -1 8107 5 120 -2 77 70 4467 3 7732 4797 -. ··- 4 Ul HJ 4!)47 Population 1½) diffe ren ce between hiBhe st and lowe ;t iigur P .. 4,qq% l~cgistrn tion % difference between highcf.t an d low c~t figure = 14.61 °k If aclopled th e L,ty Council District Bopndaries will remain the same . ThP. propn~r.d rP.districting meP.ts holh the population a11d regi stered voter criterid . FINANCIAL IMPACT Minima: lc.o st of print111~ maps). LIST or ATTACHM~NTS Memoreodum dat ed September 24, 20 I(• fro m City Clerk to Elec ti on Commission Cit~ Co un cil Distri ct M aps: Option 1 and Option 2 Proposed 3ill for an Ordinance MEMORANDUM TO: FROM: DATE: SUBJECT: Election Commission Lou Ellis, City Cler"!/fv September 24, 2010 Telephone Poll September 30, 2010 regarding 2011 Redistricting We are way ahead of schedule . But as we have all the necessary in formation to complete the redislr: review, I decided to forward everything to you now. I plan lo lake your recommendation to Council the first regular City Council Meeting of January 2011 . The Englewood City Charter requires that the number of re:Jistered voters be reviewed every four yea rs in an effort to equalize the Council Districts . The Er.glewood City Charter (Article Ill, Section 20) requires that the number of registered voters should vary no more than 15% between the high~st and lowest Council Districts. We use the number of registered voters . as determined by the number reg istered to vote at the preceding general municipal election, which was November 3, 2009. 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 district. The Electioo Commission is charged with reviewing and recommending redistricting to City Council. The Charter requ ires that redistricting be completed al least six months before the general municipa! election at which ii is I~ become ~rrectlve . In June·of 2009, I contacted the Arapahoe County Clerk & Recorder, Nancy Doty , to try to determine how long ii would :ake the County to establish new precincts based on the 201 0 Census. They really don't know how long it will take to review and re-precinct. Ms. Doty is not anticipating a lot of change to the Englewood, County precincts. And we do not know when the Census infonnation will be distributed . After discussing this with City Attorney Brotzman, Deputy City Manager Flaherty and Finance and Administrative Services Director Gryglewicz we agreed to go ahead with the redistricting for 2011, based on the 2000 Census figures . John Voboril, Commonity Development Planner II, worked on the redistricting scenarios. He said he ran the numbers for the two sce03rios we had last time, and they both still won<. The current boundaries just barely meet the registere d voter spread of less than 15 %, but ii does meet our criteria. Mr. Voboril ind icated there were other possibilities, however they would require a second precinct split, which we always try to avoid . You are welcome to give me a call or leave me a voice ma,I at :;o3. 762 .2407 with your vote al any time on or before Sep tember 30, 2010 . I need to know It you want to recommend to City Council that we adopt Option 1 or Option 2. If you choose Optlr,n 1, nothing changes . These are our current District boundarie•. Option 2 creates a spilt in County Precinct 117 along US 285 and would, substantially, alter Englewood City Council Districts 1 and 3. If you have any questions, don 't hesitate lo contact me .