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HomeMy WebLinkAbout2007 Ordinance No. 003• • • ORDINANCE NOJ SERIES OF 2007 -- BY AUTH ORITY COUNCll. BILL NO . I INTRODUCEDBYCOUNCll. MEMBER WOODWARD AN ORDINANCE AMENDING rrn..E I, CHAPTERS, SECTION I, OF nm ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCll. DISTRICTS WITHIN nm CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council established the current Council District boundaries by the passage of Ordinance No . 17, Series of200:; and WHEREAS, the Englewood City Co•mcil hereby affirms that the current Council District boundaries as set by Ordinance No. 17, Series of2003 remain the same ; and WHEREAS, pllr1luant to Article m, Section 20 , of the Englewood Home Ruic Charter, the four Council Districts shall be contiguous and compact and have approximately the srunc number of registered voters, and every four years Council shall make such divisions , changes, and consolidations necessary to carry out the intent of Article ill, Section 20, of the Home Ruic Charter; and \ i :-EREAS , the Englewood City Charter requires that the number of registered voters should vary no more than I 5% between the highest and lowest Council Districts ; and WHEREAS , the Constitution of the State ofColoredo bas 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 districts reflect nv more than a 5% differential between the most and the least populated district ; and WHEREAS , the current reapportionment meets both the population and registered voter criteriai and WHEREAS, the current redistricting meets the registered voter criteria of the Englewood Home Ruic Charter with a 5.35% differential; and WHEREAS , pllr1lU8Dt to population requirements esta~iished by the Constitution of the State of Colorado, Article V, Section 4G, the current redistricting meets the population criteria with a 4.99% differential ; and WHEREAS , the Englewood Horr.c Ruic Charter requires that reapportionment be completed at least six months prior to the general municipal election (November 6, 2007) at which it is to become effective; and WHEREAS, th• Englewood Election Commission is charged with reviewing and recommending reapportionment to City Council; and 9 bi WHEREAS, the Englewood Election Commission reviewed the apportionment and recommends the cwrent apportionment remain unchanged. NOW, TIIEREFORE, BE IT ORDAINED BY 11IE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~ The City Council of the City of Englewood, Colorado, hereby determines that the Englewood Council Districts described in Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 2000, remain as currently described and amending l-5-l(B), to read as follows : l-5-l: COUNCILDISTRICTS : A. Districts Described. Each district is located in the State t.f 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 follo\\ing described line : Beginning at the intersection of the centerline of West Kenyon Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Kenyon Avenue to the intersection at South Broadway; thence ncrtherly along .be centerline of South Broadway to the intersection at East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the centerline of South Downing 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 al South Broadway; thence northerly along the centerline of South Broadway to the intersection al East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street ; thence northerly along the centerline of South Downing Street to its interse..-tion with the northerly City Limit line . 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 Enalewood; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence continuing westerly along the centerline of West Kenyon Avenue to its intersection with the westerly City Limit line of Englewood; thence southwesterly along said westerly City Limit line to its intersection with the • • centerline at West Oxford Avenue; thence easterly along said centerline of West Oxford • 2 • • • Avenue 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 a• East Belleview Avenue; thence easterly along the centerline of East Belleview Avenue to its interscrtion with the City Limit line; thence continuing easterly and nonherly along said City Limit line to the intersection with the prolongation of the centerline of East Kenyon Avenue, said p ·int also being the Point ofBeginning . Council District No . 4: Council District No. 4 shall include and be comprised of all that ponion of the City lying southerly and westerly of the folk,wing described line: Beginning at the intersection of the centerline of West Oxford Avenue snd the westerly City Limit line of Engle-wood; thence easterly along said centerline of We ct Oxford Avenue to the intersection at South Delaware Street ; thence sout herly 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 Avenue to its intcrsectioP with the City Limit line. B. Equivalent Size . The Ci ty Council find s, determines and dedares that the four (4) districts, as hereinabove established , contain an approximately similar number of citizens as determined by the 2000 Census figure s. The districts contain a similar number of regi stered voters as determined by the number of registered voters as ofl, .. OIMer 13 . ;JOO;!~ ~. snd the variance between the district with the highest number of regist ered vot-.rs and the district with the lowe st number of registered voters is not in excess of t:fteen percent (15 %). C. Anne,ations. All territory annexed to the City shall be snd becomes a pan of the Council di strict to which the said district is contiguous , until such time as the Council shall redistrict the City. ~-Safety Clauses. The City Council hereby finds , determines, and declares that thi s 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 sa fety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance be ; a rational relation to the proper legisl ative object sought to be obtained. ~ Scvcrabiljty. Ifany clause , sentence, paragraph , 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 jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . 3 ~ Inconsistent 9n1ioeooe All other Ordinances or portions thereof inconsistent or • conflicting with this Ordinanc<, or any portion hereof are hereby repealed to the extent of such inco111iatency or conflict. ~ Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of tho City ofEnaJewood 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 sball 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 rnsy be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Introduced, read in full, and passed on first reading on the 8th day of January, 2007 . Published as a Bill for an Ordinance on the 12'" day of January, 2007 . Read by title and passed on final reading on the 5th day of February, 2007 . Published by title as Ordinance No .-i, Series of2('07, on the 9th day of February, 2007 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is aµue copy of the Ordinance passed on final reading and published by '""•-No.S',Sa;oof>On. ~~ Louc shia A. Ellis 4 • • 1 ! I e I t I H M ::i I II JU 1 )J In , ~ I 111 t .e l ~ I II t ~ H 0 --j I I II l I ~ 8 • • • COUNCIL COMMUNICATION Date: I Agenda Item: I Subject: January 8, 2007 11 ai Redistricting Initiated By: Staff Source: Department of Finance and Administrative Frank Grygiewicz, Directo r of Finance and Services Administrative Services City Clerk 's Office /Election Commission Loucrishia A. Ellis, City Clerk /Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No . 17, Series of 2003 , adopted by City Council on March 3, 2003, established the current City Council District boundaries . RECOMMENDED ACTION The Englewood Election Commission , at their February 21 , 2006 meeting, reviewed two redistricting options prepared by Community Development Planner John Voboril. The Election Commission recom mends that Coun ci l adopt proposed redistricting Option 1. If adopted , the City Council District Boundaries will remain the same . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Charter requires that the numb er of registered vo ters be reviewe d 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 1 S% between the highest and lowest Council Districts . The Constitution of the State of Colorado (Article V, Section 46) has a population provis ion which case law supports, even 1~'lugh the provision is not specifically applicable lo municipalities . The provis ion stipulates that the populatio n of the districts reflect no more than a 5% differential between the most ;,nd 1~,, least populated district The Election Commission is charged wi th reviewing and recommending redistricting to City Council. The Charter requires that redistricting be completed al least six months before the general municipal election at which it is to become effective. The Englewood Election Commission , at their February 21, 2006 meeting, reviewed the two redistricting options, as prepared by Community Development Planner John Voboril . The Election Commission recommends the following orooosed redistrictins (Ootion 1 )· Dl1trld Population Regi1tered Voten 12000 Cen1u1I /November 1 20051 1 8107 5120 2 7770 4917 3 7732 4860 4 8118 4933 Populatio n % difference between highest and lowes t figure • 4. 99% Registration% difference between highest and lowest figure• 5.35% If adopted the City Council District Boundaries wil\ remain the same The prop osed redistricting meets both the population and registered vNer :riteria. FINANCIAL IMPACT Minimal (cost of printing maps) LIST OF ATTACHMENTS City Council District maps: Option 1 and Option 2 Proposed Bill for an Ordinance • • •