HomeMy WebLinkAbout1991 Ordinance No. 049ORDINIINCE NO , "/ 9
SERIFS OF 199_1 _
B'i lltmlORIT'i
COONC IL BlLL NO . 54
Im'RCXXJCJ-JJ B'i CXXJNCIL
MEl·lBER 8ULLCCK
AN ORDilWlCE SU!l:•UTimG TO 1\ VCll'E OF T!lE RffiIS'I'ERED EUX:'IDRS OF 'rnE CIT'i OF
Fl'lGL El·1XlO /IT THE NEXT SCHEDULlD ru:x;ur,J\R MUNICIP/\L ELECTI<Xl PROPOSED
N!ENll·ID-ITS TO 1'tlE Ov\R1'ER OF TliE CIT'i OF ~El-0::0 11.'lEllDDlG M'D D!l£1'mG
Tll'i TERM "~IILIFIED EU.CI'ORS " !\!ID "TIIXP/\'illlG EI..EX:l'OR" /\!ID TO lltmm!ZE THE
Tl'l1J.I "REGISTERED Er..F.X:-rORS '' Ill J>.PPROPRI/\TE SEX:I'Ia-lS .
BE IT ORDATh"ED B'i TllE CIT'i CXXJNCIL OF TllE CITI OF ENGLB·IXO,
C/Ju:Ji<NXJ , TH/IT:
Section 1. There is rereby s ul:mitted to the registere d electors of
the City o f E}\gle-NOOd at the next scheduled r egular rrunicipal election
prq,osed arrenctrent to the Oiarter of the City of El'lgle-.-lOOCI , as follc,,,s:
That the registered electors of the City o f El'lg l e-NOOd shall choose
one of the following provisions. If Question W-, , is approved by the
registered electors, upon certification thereof to-the Office of the
Secretary of State of the State of Colorado , pursuant to Section 9, Article
XX, of the Colo rado Constitution and Section 31-2-210 Colorado Revised
Statutes, hrticle I , Sections 6 and 7; Article II, Section 15; Article III,
Section 23; Article VJ, Section 34; Article V, Section 42; Article VI,
Sections 45,46,47; Article VIII, Sections 59 and 61; Artic le IX, Section
69; Article X, Section 104 ; 11,:ticle XIII , Section 121; Article X'N , Section
134; Article 'YN, Sections 137: 6 and 138: 5 of the Hare Rule Oiarter of the
City of El'lgle-.lOOd s hall be anended as follows:
N·lE2~ NO.
IIR'l'Ia.E I
LlXiISL/\TIVE BOO'i
6 : DETAO!HENl' FRCJ•I 'rnE CIT'i
No tract o r parcel of land within the boundary o f the City s hall
be detac!...>d by an owner or own e r s frr.m the City except upon majority
vcte of the t.ai, f."91.;.ACJ ~ RffiI!>'TERED EUX:'IDR vot ing upon the
question at a special e lection . The question of detachrrent fran the
City shall be sul:mitted to said vote , as provided in Sect ions 14 ( 1)
and 14(3) o f this a1arter , upon depos i t by s aid a.ner o r owners wi th
the City Treasurer of the e>cpense o f said e l ection as detennined by
the Treasurer.
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7: DEFilUTICllS :
Deleting on ly the following de finition Md no othcr de finition:
~:f-&leeOOE-._-&E=-L.QtalifiGd TiY;payin9 I! .. ~~
cleet.>,;-wi->9,..~Gal~ yea;~ P""°""iP<J tha-~~
~<late,_s"'11l l\aoo p;..tcl a; taa< ,,._ -1=~~ ·•-~ed •4thlA ~ aA<i,~aooesse<l -to-l>iffl .... ~
"66a&i;a::¥lllt i:;ol.l£.
Mticle II
EUX:l'IOOS
15: N<l·IINATia,IS FOR EliX:l'IVE Mlf.UCIPl\L OFFICE
Each candidate for an elective nunicipal office shall be
nanina tecl hy petition signed by at least fifty Ff alified rux;ISTERED
electors residing within the mmicipality, or the district, fran which
the officer is to be e lected .
Petition Fonns supplied by the City Clerk may be circulated and
signed not rrore than fifty days prior to the day o f the election and
shall be filed with the City Clerk not less than thirty days prior
thereto. Petitio ns shall be circulated and filed in accordance with
Colorado Municipal Election Laws.
ARTICLE III
LffiISIJ\TIVE BCOY
23: QUJ\LIFICATIOOS OF CC1JNClli!EN
No person shall be eligible for the office of Councilman unless at
the tirre of his election he is a citizen of the United States, at least
twenty-five ( 25) years o f age , shall have been for three years
imediately preceding such election a 'fl11 jffad RffiISTERED elector of
the City. Council.rren elected by Districts shall also be residents and
'fJ?)ifi.Qd. REGISTsm electors of their districts. No rrenber of the
Council shall hold any other p.iblic office or erployrrent for which
ccx;pensation i s paid frm any mmicipality.
ARTICLE N
34: PRCCIDURFS
l\ny elected o fficer o f the City o f 01g l e,,,xxi may oo recalled fran
o ff ice at any tirre afte r holding off ice for s ix rronths , in the manner
he r e provided:
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Tee procedure hereunde,· to effect the reca ll of an y elected o fficer
shal l be as fella,~:
One or rore ~eG RffiISTERED e l ectors who would be en titled to
vote fo r the successor o f the incuooent sought to l:e recalled shal l file
with the ~~ ea offiai.a Gil;y G18El• -Q[" ... «;ity
Ckrk t-, an affidavit of rot rrore than 20 0 wo rds stating the reasons for
the reca ll o f the elected officer sought to l:e raroved. The City Clerk
shall, within forty-eight (48 ) hours aft er the fil ing of said affidavit ,
rrail a oopy of said affidavit , by certified !Mi l, to the e l ected officer
sooght to be recalled , who ma y fi le with the City Clerk a S\.l'.lrn
stata:ent in c!efense of the charges made against h.iJn . After the
affidavit has been filed , The City Clerk s hall authcri ze a petition for
r ecall of the elected o fficer which shall incl ude the s t ater.ent in
defense of the petit ion if so requested by the person sought to be
recalled prior to the authorization by the City Clerk , The Ci ty Clerk's
author ization shall not o:,nsti t ute an approval o f the form or oontent s
o f the petit ion b..it , rather, shall camP..nce the running of the tima
periods provided hereaft e r .
The authorized petition may be circulated and signed by <tll"l~
RffilSI'ERED electors •'ho \,IO\lld be entitled to vote for the succe,ssor of
the incunbent sought to be r ecalled . For recall of any electeil officer,
said petition rrust be signed by ..,.ali.iied RmISTERID electcrs who would
be entitled to vote for a successor of the incumbent sought to be
recalled, nw.bering at least twenty-five (25~) of the ffnJIHeli
RffiISI'ERED e lectors voting for all the candidates for the elected
officer 's respective office in the last preceding gene ral rrunicipal
election .
The recall petition shall be filed with the requisit;! information and
signatures with the City Clerk within sixty (60) days after
authorization by the City Clerk. Failure to file a petition within this
period shall render the recall petition null and void, If s aid petition
is f iled with in the tirre specifi ed and is prq,er in all respects , the
Council shall set a date fer a r ecall election to be held not less than
si>.ty (60 ) days ror rrore than cne hundred twenty (120) days after filing
o f th,a recall petition unless within said period of tirre a general
munkipal e l ection , a special municipal electi on or a general state
election is to be he ld.
Should a general irunicipal elect ion or a special municipal election
be hald within t he 60th t:.:, 120th day after filing of the recall
petition , the recall e l ection shall be held in conjunction therewith .
Should a general state election be re ld within the 60 th to 120th day
afte r filing of the recall petition, the recall e l ection shall be r"'1 d
on the 46th to 90th day after the general s tate election. At such
recall election , the question o f the proposed r ecall of the elected
off icer sha1l be sul:mi.tted to the 'fl11 if¼cl RffiISTERill electors who
would be ent tled to vote for t11<, successor of the incurroent sought to
be recalled .
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11'e b..sllot 1,pon w11ich s uc h pr oposed r ecall is sul:rnittcd shall set
forth the follcr.ing question:
!'IWL NN·lE OF Prn50'1 /\GAINsr 1-;i ;a -1 REX:J\J.L
PE.'l'ITIO!~ IS FILED ) DE RJ-XAI..LlD rna-t 'llIB OFFICE
OF (TITI.E OF OFF I C:E )?
t"o lla .ing s uch qu estion shall be the '-')rd.s "\'es" and "No". In the
e,·ent that an officer is r ecalled by a maj o rity vote o f those vo t ing oo
the qu estion, the office shall be c:leenad vacant and s hall be filled at
an electio n called by Council rot less than sixty ( 60 ) days ror rrore
than a,e hundred twenty (1 20 ) days after the recall election unless
within said period o f t:irre a gene ral =icipal election, a special
municipal election , o r a general election is to held.
Shoold a general municipal election or a special municipal election
be held within the 60th or 120th day after filing of the recall
. petition, the election shall be held in conjunction therewith.
r..ecall e lections and elections to fill a vacancy created by a r'-"'all
election shall not be subject to t.'1e limitation set forth in Section 14
of the Hare Rule Charter.
!\Rl'ICLE V
ORDINA."0:5
42: DISP05ITICXl
,\ true 00p'j of every ordinance, as adq>ted by Council, shall be
nur.bered and recorded and adq>tion a~d p.lblication shall be
authenticated by the signature of the Mayor and the City Clerk, and by
the certificate of p.lblication. A true Ct:Yi1'i of every ordinance a,,
adq>ted by the vote of the Ff Ji fi,e<I :-tEX;ISTERID electors of the City
s hall be separately nunbered and recorded camencing with "Peoples"
ordinance No. 1.
45: IlUTL~TIVE
ARTICLE VI
INITIATIVE .A.!ID REFERENOO·I
Any proposed onl.inance may be sul:roit t ed to the Co uncil by a petition
signed by q,,a¼ifi""1 RffiISTERFD elector s of the City equal in number to
the percentage herein required.
46: SUB'·U SSICNS
If the petitio n acca,panying the proposed ordinance is signed by
EfJJJi fi<Mi RffiIS'TERED electors equa l in mrber to ten percent ( 10'/,) o f
the preceding guberna torial vo t e in t he c ity, with a reques t for a
special electio n, the Counc il shall e i ther pass said o rdinance without
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alterations within thirty days after the peti tion i s f iled, subjoct to
the refe r endum , o r ca ll a special municipal election , un les s a gcnu ral
o r spec Lil rmmicipal election is to occur within ninety days th~~.:-ft,ir .
At such specia l o r gene ral mun icipal e lect ion the Counc il shall s1.1!:rni.t;
said o rdi..nMce to a vot e o f the e lectors of the City. If tJ1e petition
is si<Jt1e d by -'il~ rux:asrrnrn electors equal in nurroe r to at least
five perc en t (S 'X,) of the preceding gubernato rial vote in the citi , and
is fil ed with the City Clerk a.t l east sixty (60 ) days tefor e an y
rrun.i cip al or general s t ate election , the Council shal l ,,ass s,ud
prq,osed ordina~ce without alteratio ns within thirty (JO ) d.;ys , o r shall
sul:rnit sairo to a vo t e o f the e l ecto rs at the re>.t C)el1er al municipal o r
stat.a election. If the peti ion is rot filed with the City Clerk at
least sixty (60) days before the rext general r.unicipal or s t ate
e lection , it shall be null an d \"oid .
An initia ted ordinance shall be published in the same maMer as other
ordinances . The ballot upon 1,-hich S1JCh proposed u rdinance is sul:mi. tted
s hall =iply with the require,rents set forth in sectio n 14 o f thi s
01arter. If a rnajority of the electors voting thereon shall vote in
favor thereof , the same shall thereupon, without furthe r publication ,
becare an ordinance of the city i.mrediately . °My 111.111-ber of proposed
ordinances may be sul:mi.tted at the sarre election . The number of special
elections shall be limited as provided in Section 14 o f this 01arter.
47: REFEREls1llM
-n..e referendum shall apply to all ordinances passed by Council ,
except ordinances m:,J<ing t:1-e tax levy, the annual appropriation
ordinance, or tho ordering o f :ir.proverrents initiated by petition and to
be paid for in whole o r part by special assessnents.
If at any tine witllin thirty (JO) days after the final passage of an
ordinance to which the r~ferendurn is applicable a petition signed by
~,I REGISTERED electors equal in nurrber to at least ten percent
(10',L) o f the prec.ading gubernatorial vote in the City, is presented to
the COUncil protesting any ordinance going into effect, i t shall
reconsider such ordinance. If the ordinance is rot entirely repealed,
c:ooncil shall sul:rni.t it to a vote of the electors of the City as
provided in the Initiative and Section 14 of this O,arter, at the next
general municipal election o r at a special election. such ordinance
shall then go into effect without f urther ?Jblication if a majority of
the electors voting tJ1erecn vote in favor of it . The Counc il, on its
c,.,n rotion, shall have the lX"ICI' to sul:rnit any proposed ordinance to a
vote o f the electors at a general o r special e lectio n as provided and
l i..mi. ted L~ this 01arter . No provis i on of this Charter shall be
cons trued ns limiting the right o f Council to refer to ""-Y o r dinance
subject to referendum . If provisions o f t.o or m:,re proposed o rdinance
receiving the highest affirmative vote shall becare effective .
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ARTICLE VIII
P,\RT I II. 00,\RD OF ,\DJUSIMD-."l' /IND /lJ
59 : llOIIRD ClU'.~TED
eouncil shall e stablis h by o rdinMce a Board o f Adjustmant ;,nd
Appeals , con,istL'l(J o f seven (7) nember s appointed by Counc il, fm:
ove rlappL-.c; •:erms o f fOJ.r (4 ) years . Me nbers shal l be qualified
w,o pzying electors, roside.,ts of the City at le.ast cne (1 ) year
irmedia tely ,:,rior to the dat.P. o f their appointrrent , and shall hold no
other office o r ?)Sition in the City Mministration. The recording
secretary shall sign any doc:w.ents or ocrm,unications fran the Board , "
by o rder of the Board of Adjustrrent and Appeals".
PJ\Rr N . ~11\.Trn /1!\'D 51:l'/E:R BOARD
61 : 8Q;\RI) <'<FATED
'!'1e COUncil s.'1.all establish by ordinance a Water and Sewer Board.
The Board shall consist of the Mayor of the City , t.o ( 2) cooncilmen
selected by Ca.mcil, and six ( 6 ) r.env,ers appointed by the Council fran
qualified 1;a>c p-'Jria:;3 electors , serving six (6) overlapping terms of six
(6 ) years . i\ representative fran the City Adru.nistration shall be
appointed by the City Manager to serve as an ex officio ronvoting
n-eimer.
A.'U'ICLE IX
Pl\RT II. MUNICIPI\L ClXJRl'
69: QJI\LIFIC\TIOOS
1'1e Municipal Judge shall be an attorney-at-law acini.tted to practice
in Co l orado, and shall have had a mi.nim.lm of t.o years experience in the
active practice o f law and be a ff Pl · fi-.d RffiISTERID elector of the
City.
ARTICLE X
Pl\RT III. llO'l1lED INDEB'!'El).\'ESS
104: GE:'lERAL OBLIG.;na; IlOODS
I ndebtedness and obligations of the City shall be incurred and
limited as prov ided in !'.rticle XI of the Constitution o f the State of
Co l or ado ap;_:,licable to to= and cities except as otherwise provided in
this Oiarter . Cou.,cil shall have the p:7-'?r to issue general d:lligation
bonds o f the City for any public c.apital p.,rpose, upon ma j o rity vote of
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tl1e ~ RffiISTERED clcctoro of Lhc City voting thereon at a
special elect ion ; pr ovided , ho.-1ever , tha t wa t e r extension and water
iJrprov nt bonds ™Y be issued without an electicn ~n determination
to that effecc by Counc il. The total o.,t s tancling genera l obligation
indebtedn€css o f the City, other than for water bends , shall not at any
tine e,:ceed t hr ee oercent (3'/.1 o f the assessed valuatio n of the taxable
property wi thin tl1e City as sha .. n by tl1e l ast preceding assessr.ent for
t a:< purposes . 1,at e r bo-,c!s s 11all mature a.'>d be payable as p r ovided by
the o rclinance authoriz ing the issuance of said bonc'd ,
Article XII I
CIT'{ Cl·~'ED lJl'ILITIES
121: AtmlORIT'i NID PO,'ERS
The City shall have and exercise with regard to City CMned utilities ,
inclucling water an d water r ights and the acquisition thereof, and bonded
incebtedness i 'l =nection therewith , all oc the authority and powers
ncs, provided by tha Statutes of the State of Colorado , including those
hereafter established by act of the General "55eibly. In addition , the
city shall have the power to exchange water rights a.ned by it f or other
water rights a.ned by other persons, associations, corporations,
nTill1icipalities, or quasi--<mU1icipal bodies, upon such teil!\S and
conditions, and in such proportions as the City Council shall d?termine
to be for the benefit of the inhabitants of the City. No water rights ,
o r physical assets of the water ,oor!<s and distribution system or se.'l!r
plant and collection system shall be sold without a nu j ority vote of the
~"":J-~ REXiISTERFD ELOC'l"...R voting thereon at a special
elect' on l-eld in acc.o rdance with th,, provisions and limitations of t.\is
Olarter. The City shall have t.'le power to e:1ter into agreement with
other persons , associatio.T'ls , corporations , m.micipalities, or
quasi~cipal bodies, for joint acquisition of water right.s, for
develq:r.ent of water rights or for develCJEr.eOt of sewage facilities t;>011
such teil1\S as nay be agreed~-SUch agreenents shall be auth-,rized
by ordinance, enllcted not using the m-ergency provision, and such
ordina.'lCe shall be subject to the referencbn as provided in Section 4 7
of this Olarter.
ARTICLE XIV
rnANCHISES A.,,_1) PUBLIC lJl'ILITIES
1 34 : E>."l'E:\Slal OF TER.t\l'IORY
Counc il, by o rdinance , ™Y e.'<ten d the area or include streets,
alleys, public places and prq,erty , not enbraced in such franchise , "11en
public convenience an d necessity requires , subj ect to all of the teil1\S
Md conditions cf such original franchise and ~'<tensive with the
terms the~eof, .. i.t.'-iout a vote o f the tni, P"'.l""'J ~ RffiISTERED
ELfl:'r(RS •
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137:6
AATIC1..E 'IN
E!JGLEl.l'.XlD El-!PLOYEE REL/\TialS A!ID
CAREER SERVICE SYSTil·I /lCr -1981
IJ.!PASSE RESOL\Tl'Ia~
In the event the parties are unabl.e to reach agreeirent en all
mandator-1 subjects to be contained in the Collecti ve Bargaining
Agreemen t on or before July l of the year in which the parties have rre t
and bargained ove r these subjects , i.rtpasse shall be declared with each
party separately sul:m!.tting to the Board an inpasse stateirent which
contains the party's final offer regarding an y r..sndatory subject upon
which the parties are at i.rtpasse . The Board may, at its discretioo,
appoint or enploy one or irore fact-finders to assist i t . By August 10,
the Board shall issue wr i tten findings of fact and reccmrendations for
resolution o f the mandatory subject s in dispute. Said findings and
reccmrendations shall be served upon the Certified Ehyloyee
Crganization, the City and the City Council and s hall be final and
binding upon the partie s unless , within five (~) s,orking days after
receipt of the findings and reccmrendations, the parties are able to
reach agreerrent over the terms of the new Collective Bargaining
l\greeirent . In the event the parties are able to 'l!ach said agree,rent
and have so rotified the Board within this five (5) ,,orking day period,
the Board' s fin dings and reoc:mrendations shall be null and void. All
fees and expenses of the fact-finding process, including the making, b.Jt
not the transcription, of a recor d and assistance o f counsel to the
Board shall be shared equally by the Cily and the Certified Ehyloyee
Organization.
If either party is dissatisfied with the Board's findings a.,d
reoamendations, the party or parties rray sul:rnit a written ootice of
dissatisfaction to City Council within twenty (20) calendar days of the
date of issuance of the Board's finding and r eccmrendatioos . atly \ .,
provision or provisions suanitted to the Board for i.rtpasse resolution,
which provision or provi sions are the basis for dissatisfaction, may be
contained in the ootice to City Council. Within thirty (30) calendar
days after receipt of this roti ce o f dissatisfaction , the City Co.lncil
shall call a special election by Ordinance or resol ution sulxnitting the
rratter to a vote o f the qna.1 i fiod RffiISTERID electorate of the City.
The final offers of the City and Certified Ellployee Organization and the
Board's reccmrendations oo the issue ( s) c ontained in a rot ice of
dissatisfaction shall be suanitted as alternative single rreasures to a
vote of the 'f Pli fiP!l !lffiISTERID electors of the City . The ff 1 · F<!d
RffiISTIRED electo rs shall elect eit.'1er the position o f the, City, the
position of the Certified En;>loyee Organizatio.,, or the Board's
reoamendation . The position o r recamendation receiving the highest
nlri:>er o f votes shall be cleered approved . Said election shall be
consistent with the pr ovisions o f Art icle II, section 14 o f the City
Charter.
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/\11 cost and e,cpenses o f any publicat.ion o r spec i a l election shal l be
borr.e by the City.
138:5
(a )
(b)
EFITCl'IVE D,'\TE -VE5'TID RIGIITS
The provisions o f this Charter itlend!T'ent shall becaro eff ective
within twenty (20 ) days after t!1eir appr oval by the ff al 'fied
ru..,:;r~-rE!lm electors o f the City and the filing o f certified
co;,ies o f said arrenarents with the secretary o f State of the
State of Co lorado , and with the g;wec;;1;.,., ef Fina,,~..., efHeie
City Clerk ~~ of the City o f Ehgle-,,ood, Colorado •
The provisions of this a..encbent s.'lall rot be construed to
destroy any prcperty right, c ontract right, or right of act ion o f
any nature or hl.nd, civil or c r iminal, vested in or against the
tr1J11icipality under and by virtue of any provision o f law
heretofore existing o r otherwise a::cruing to the rrunicipality ;
but all such rights shall vest in and inure to the rrunicipality
or to any person or persons asserting any such claims against the
ITIJl1icipality as fully and as carpletely as though the within
Charter amand!T'ent had not been adopted. SUch adoption shall
neve r be construed to affect any s uch right existing between the
rrunicipality and nay other person or persons.
section 2. The voting 1MChines or paper ballots for said election
shall carry the followir.g designation -..hich shall be the sulxnission clause :
A!·!El'1:l1ENI' NO .
Shall the City of Engle-,IOOd airend its City Charter to allow the term
"Registered Electors" to be used when referring to "Electors" and by
deleting the term "~fied Electors" in sections 15 , 23, 34, 42, 45,
46, 47, 69, 104, 137:6, and 138:5 of the 01arter, thereby bringing the
City of Englewood llclre Rule Charter into oonfontl!lnce with State
Statutes?
Shall the Olar.er of the City of Ehgle-"""'1 be amended by deleting the
term "tax-paying" in Article I, sections 6 and 7; and Article VIII,
Sections 59 and 61; Article XIII, Section 121; and Article XIV, section
134.
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And each elector voting at said election and desirous of voting s.>,a,l.l
indicate his choice b'/ depressing the appropriate counter of the voting
machine or by appropriate marki.,g u;xm paper ballots where used .
section 3. The pr.aper officials of the City o f Ehgle-..:xxl shall give
notice of said regular rrunicipal election, such rotice shall be ['Jblished
in the ranr,e r and fer. the lenc;th of tire required by law, and the ballots
cast at such election shal l be c.-.nvassed and t.>ie result ascertained ,
determined , and certified as required by la-.,,
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Int.roduce<l , read in full , and passed on first reading en the 15th
day of J\lly, 199i .
Published as a Bill for 1!n Ordinance en the 18th day o f July, 1991.
Rea d by title and passed on f inal reading en the 5th day o f August ,
199 1.
Published by title as Ordinance !lo . fj_, Series of 199 1, on the 8th
day o f August, 1991.
~: .W2t✓v~ ,# !J~
Patri c i a H. Crc,,1 I City Cl erk
I , Patricia H. ero.,, Ci ty Clerk of the City of Englewood, Colorado,
hereby certify that the above and foregoing is a true a::,,;ry of the Ordinance
passed en final reading and p,blished by title as Ordinance No. 'fl., Series
of 1991. y~~i)(I.~
Patricia H. CrCM
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DAT E
J ly 15, 1991
!?HTIATED BY
STAFP' SOtJRCE
I SSIIE/ACTI ON PROPO SED
COUNCI L CO!-OruNICATI ON
AGENDA ITEM SUBJECT
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Proposed Charter
1-.mendment s regarding
Registe red Elector•
Election Co:nmittee and Cou n cil SubcoI'l.-n ittee
Patrici a H. cro·..,, City Clerk
Staff p r oposes council app1:'"lv al o f a bill f o r an ord inance su bm ittimi.1 t o a vote of
t.ha regiatered electors o f t.he City of En;,lewood at the next schajulad regula r
ciunicipa l e lection p ropos ed amendment~ to the Charter of the City o f Englewood
a..-n a nding and deleting the t~rm "qua lifi ed electo:-s" and "taxpaying e l e ctor s " and to
authorizq the term "registered electors" i n appr opr iate s ections.
PR!iVIOUS COUlfCIL ACTlf'!:!
Th e Election c ommi1siun met wit.h City Council in. study session on Apr il 15, 1991,
and d is cu ■ae d proposed amerdment s t o Chart er §6, 15, 23, 34, 42, 45 , 4 6, 47, 69,
104 , 12 1, 134, 137:6, and :tJ B:S.
Mayer Va n Dyk e appointed c ouncil Memb ers 8Jllo :k a nd Clayto n to study o ther s ections
o f the Charter 1 speci ficall y S7, 11, 13, 56 , 59, a nd 61.
STAFF ANALYSIS
The Election comm i ssion ha s r e vlewed the bil l for an ordinance as pr aparea by the
City Atto r niy's of f ice based on in f o r mation submitted by the Com.-niss i on a nd the
Coun cil subcommittee. The proposed ordinance sets f orth the recommendation s of t he
Cor..-ni ssion. The El ect ion Commi ssion met with Hr . DeWitt. on June 27, 1991, and
s:::cngly suggested that these p r oposed amendments t o t he Charter be su bm itted to the
electorate und e.r one guest!o:, for ballot simplif ication. Charter S7 ...,,as d iscus sed
ca t that t ime and there ·..:as .~cn currcnce that "T axpaying Elec t or o r Qualified
Taxr,ay ing El ector " s ho1Jld be deleted from the list o f definitions.
E.ACKGROUND
As stated previ o csly 1 the Election Corr.mission met ,..,ith Cit y Counc il on hpril 15 1
:991 , to discuss v ar ious arre :,drrer.ts to t he Hoir e Rulo CJ-:arter ...,.1th regard to changing
Ch ar~er S6, 15, 23, 34, ,2, .;s , <.6, 4 7 , 69 , 104, 121, 13 4, 13 1 :6 , a nd 13S:S . The
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El ection Comrr\iasion re eommended that the Charter be am"3nded to read "ri?giste red
electo r ■" in each of named aactione.
As the Election Commisa ion dirl not take a position concerning Charter S7, 11, 13,
56, 59, and 61, a Couneil subcommittee was appointed by May o r Van Dyke to study
tl-\ose section, of tho Charter. Council Me mbe rs Bulloc k and Clayton, assisted by
City C1'~rk Crow, present e d a recommendation to Council dated April 2 5, 199 1,
c oncerning Charte r S7, 11 , 13, 56, 59, and 61. The subcommi ttee recomm ended that
S59 and 61 be a.mended to read "qualified el ec t ors" del eting "t axpayi ng" fr o m these
two sec tions, and that no changes be made to S11, 13, and 56 .
~
Approv al of t he proposed crdinance wo uld have no financial implications to the City
of Englewood .
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