HomeMy WebLinkAbout1981 Ordinance No. 007•
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OkDINANCE NO . 7
SERIES OF 198l
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER B:RADSHAW
AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF
THE CITY OF ENGLEWOOD , COLORADO, AT A SPECIAL ELECTION TO BE
HELD MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE
CITY OF ENGLEWOOD, AS FOLLOWS: BY RESOLUTION, THE CITY COUNCIL
MAY AUTHORIZE THE EXERCISE OF POWER OF EMINENT DOMAIN IN THE
MANNER PROVIDED BY GENERAL LAW, AMENDING SECTION 76, ARTICLE IX,
OF THE HOME RULE CHARTER.
Section 1. There is hereby submitted to the qualified electors
of the City of Englewood at a special election to be held on
March 24, 1981, proposed amendment to the Charter of the City of
Englewood, as follows:
That effective immediately upon approval of the qualified
electors of the City of Englewood and the certification thereof
to the office of the Secretary of State of Colorado, pursuant
to Section 9, Article XX, of the Colorado Constitution, the
Charter of the City of Englewood, and Section 31-2-210, Colorado
Revised Statutes, 1973, as amended, Article IX, Section 76, of
the Home Rule Charter of the City of Englewood is hereby amended
to read as follows:
76: RIGHT OF EMINENT DOMAIN
~he ei ~y eha~~ ha¥e the Ri!ht ef Bm~nent Bemain as
pre¥ided ey the Stat~tes ef the State ef ee!erade~
WHENEVER THE COUNCIL, BY RESOLUTION, SHALL DESIGNATE
ANY PROPERTY AS BEING REQUIRED FOR PUBLIC USE, THE CITY
MAY EXERCISE THE POWERS OF EMINENT DOMAIN AND CONDEMN
THE DESIGNATED PROPERTY, EITHER PERMANENTLY OR TEMPOR-
ARILY.
IT SHALL NOT BE A BAR TO ANY SUCH PROCEEDINGS THAT THE
LANDS OR RIGHTS-OF-WAY TO BE TAKEN HAVE ONCE BEEN TAKEN
FOR PUBLIC USE.
THE MANNER OF PROCEEDING, THE ASCERTAINMENT OF THE
COMPENSATION TO BE PAID, THE ASSESSMENT OF BENEFITS OR
DAMAGES, THE COLLECTION OF SUCH BENEFITS AND PAYMENT
OF SUCH DAMAGES, SHALL BE AS PROVIDED BY GENERAL LAW •.
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Se ction 2 . The voting machines and paper ballots for said
election shal l carry the following designation which shall be
the submission clause:
FOR AMENDMENT NO. 2 AGAINST ---
Amending the Charter of the City of Englewood relat-
ing to Article IX, Section 76, "Right of Eminent
Domain ," allowing City Council to determine by
resoluti on property necessary for public use,
allowing t he taking of property that is currently
in publi c use and providing that the manner of
exercising em i nent domain shall be in accordance
with g enera l law.
And each ele ctor voting at said election and desirous of voting
fo r or again st said amendment shall indicate his choice by
depressing t he appropriate counter of the voting machine which
indicates the word "For" or "Against" or by the appropriate
ma r king upon paper ballots, where used.
Section 3. A spec i al election is called to consider the fore-
going amendmen t to the Charter of the City of Englewood along
with other pro p osed Charter amendments for the 24th day of March,
1981. It is expressly understood that only one special election
is called to consider multiple questions.
Section 4. The proper officials of the City of Englewood shall
give notice o f said general mun i cipal election, which notice
shall be publ ished i n the manner and for the length of time
required by law, and the ballots cast at such election shall be
canvassed an d the result ascertained, determined, and certified
as required by law.
Introduced, read in full and passed on first reading on
the 5th day o f January, 1981.
Published as a Bill for an Ordinance on the 7th day of
January, 1981 .
Read by t i tle and passe d on final reading on the 19th
day of January , 1981.
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Published by title as Ordinance No. 7 , Series of
1981, on the 21st day of January, 1981. ---
Attest:
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the
above and fo r egoing is a true, accurate and complete copy of
the Ordinance passed on final reading and published by title
as Ordinance No. 7 , Series of 1981.
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