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Home My WebLink About2007 Ordinance No. 040• • • ORDINANCE NO . .!&._ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 40 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF nm REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT nm NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART I, SECTION 94 "Appropriations to lapse", OF THE ENGLEWOOD HOME RULE CHARTER . WHEREAS, Anicle X. Pan I, Section 94, of the Englewood Home Rule Chaner addresses when appropriations lapse ; and WHEREAS, all appropriations lapse at the end of the budget year; and WHEREAS , Anicle X, Pan I, Section 96, provides that appropriations to the Public Improvement Fund, for construction of permanent improvements , shall not lapse until the project has been accomplished or abandoned; and WHEREAS , the City of Englewood has created additional funds which are also used for permanent improvements and if the many permanent improvement projects are not completed by the end of the fiscal year the appropriations lapse and Council must take action to re-appropriato the funds; and WHEREAS, the pamge of this ordinance will amend Anicle X, Pan I, Section 94, of the Englewood Home Rule Chaner to recognize these additional capital funds which will allow for continuing appropriations for the appropriate funds and provides Council the flexibility to add another fund if another fund is needed in the future ; and WHEREAS , the proposed changes to the current language in the Englewood Home Rule Chaner are as follo ws: 94: Appropriations to lapse. Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund , er le a s,eeial l\ied, as Se1H1ail 1118) diFOal. ~ BPPmnriations for @nstruction or maintenance of PGPPIPMt imnrovmeots fro m the Public lmpromsu Fund or other such funds dsimetM hv Citv Council which shall not lense YPtil the numoHG for which the appropriation wv made shall have hesm eGr-Omnlished or abaodnor4 aa omvidPil in Article X Pan I Sertioo 96 of the Enslewopd Homs Rule Charter NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT : -1 - 11 b I ~ There is hereby 111bmitted to the reaistered electon of the City of EnaJewood at the next ICheduled municipal election on November 6, 2007, a proposed amendment to the Chanerofthe City of Englewood, Article X, Part I, Section 94, to read 11 follows : Question No. Shall the Home Rule Charter of the City of Englewood, Article X, Part I, Section 94, be amended to read II follows: ARTICLEX FINANCE ADMINISTRATION PART!. BUDGET 94: Approprladon1 to lapse . Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund; except for appropriations for construction or maintenance of permanent improvements from the Public !mprovement Fund or other such funds designated by City Council which shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned a,. provided in Article X, Part I, Section 96 of the Engl.wood Home Rule Charter. Yes No ~-Each registered 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 . ~-The proper officials of the City of Englew0<,. ,hall gi ve 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 rtquired by law. ~ Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. ~ For purposes of Section 1-11-203.5, C.R.S ., this Ordinance shall serve to set the title a.'ld content of the ballot is111e set forth herein and the ballot title for such question shal, :-.. the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Cleric within five days after the title of the ballot question is set by the City Council on fi:aa1 reading of this Ordinance. -2- • • • • ~ If any section, parapaph, clauae, or other portion of this Ordinance is for any reuon held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remsinin a portions of thi1 Ordinance . Introduced, read in full, and passed on tint readina on the 2nd day of July, 2007 . Published as a Bill for an Ordinance on the 6th day of July, 2007 . Read by title and passed on final readina on the 16th day of July, 2007 . Published by title as Ordinance No . ,:&series of 2007, on the 20th day of July 2007. I, Loucrishia A. Ellis, City Cleric of the City of Englewood, Colorado, hereby certify that the above and foregoing is a tru; ~PY of the Ordinance pass n final reading and published by title as Ordinance No . "]J,L, Series of 2007 . -3- • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 2, 2007 11 a ii A Bill for an Ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language In Article X, Part I, Section 94 of the Charter of the City of Englewood lnitlat,?d By: Department of Finance and Adm inistrati ve Serv ices I Staff Source: Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACllON The Council discussed this issue at the Study Se ssion held on April 2, 2007. Staff was directed to proceed with submitting this qu estion to the voters at the November 6, 2007 Election. RECOMMENDED ACTION Staff recommends Council approve the attached Bill fo r an Ordinance placing this issue on the Nove mber 6, 2007 ballot. If this proposal passes, it will provide fle xibility and time savings for Cou nci l and staff. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Article X, Part I, Section 96 of the Charter addresses various requirements for the Public Improvement Fund (PIF). Currently the Charter allows appropriations for the PIF not to lapse ur til the project is completed or abandoned . Currently, the Charter requires all appropriations, oi!·,er than thos e for the Public improvement Fund, to lapse at year-end. If the voters approve the proposed ballot question adding language to Section 94, appr opriations for the const:uction or maintenance of permanent improvements budgeted In fund s designated by City Council would not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned . Currently, Charter Section 96 only recognizes one capital fund , the Public improvement Fund . Since the time this language was included in the Charter, the City has added the Capital Projects Fund, Conservation Trust Fund, and th e Open Space Fund. Each of these funds expends funds for permanent improvements, and if the many permanent improvement projects are not completed by the end of the fiscal year, the appropria•ions lapse ancl Council must take action to re-appropriate the funds . Essentially the question Is asking that these funds be treated In the same manner as the PIF . The provision for Council to designate the funds provides Council the flexibility if another fund is added In the future . FINANCIAL IMPACT This action will not have a direct flnanclal Impact on the City of Englewood . LIST OF ATTACHMENTS Copy of Section 96 of the City Charter Proposed Bill for an Ordinance • • • • • • 96 HOME RULE CHARTER 98 1181 Public Improvement levy, The Council may levy annually a tax of not more than two mills to be assessed upon the valuation within the City at the some time as the regular annual taxes for City expenses for the benefit of a fund to be known os the "Public Improvement Fund". The fund is to be established for the purpose of paying, in whole or in part, the cost of general or special improvements of the City. 'l'he proceeds of such leVY shall be kept by the City Treas urer in a special account until invested as authorized by the Council . The Coun- cil shall have power to transfer from time to time to the Public Improvement Fund any portion of the General Fund eurplus not otherwise appnr priated . Appropriations for construction of perma- nent improvements , from the Public Improve - ment Fund, shall not lapse until the purpose for which the appropriat ion was made shall have been accomplished or abandoned, provid ed any project sh all be deemed to have bee n abandoned if fiv e fis cal years e)np se without any expenditure from th e appropriation therEfor. AI1y un appropri - ated balance in the Public Improvement Fund may be transferred by the Council for paym ent of outstanding general or s pecial bonded indebted- ness of the City. PART II . CITY TREASURER 97: Appointment and qualification, The City Treasurer shall be appointed by the City Manager. He shall have knowledge of munic- ipal accounting and taxation, and shall have had experience in budgeting and financial control. 98: Powers and duties, The City Treasurer, under jurisdiction of the City Manager, shell have charge of administra- tion of the financial affairs of the City end to that end he shall have authority and shall be required to: (a) Compile the expense estimates end capi- tal estimates for the annual budgets; (b) Disburse funds in • manner which will assure that budget appropriations are not. exceeded and that payments are not ille- gally made ; Supp . No . 6 CHT:23 (,) Examine and approve as correct all pur- chase contracts, orders and other docu- ments by which the City incurs financial obligations, except petty ca sh transac- tions and field orders of a limited amount, having previously ascertained that mon- ies have been appropriated end allotted and will be available when the obligations become due and payable; end he shall audit, before payment, all bills, invoi ce s, payrolls and other evidences of claim, demands or charges against the City; (dJ Maintain a general accounting sys te m for the City e nd each of its offic es, depart- me nts , and agencies; (el Receive from the County Treas urer all funds due the City from taxes, special s i;;sessments, and other items which are collected for the City by the County Trea- surer. Collect such other taxes , special ass essments, license fees and other reve - nues of the City or for whose collection the City is res pon sibl e and receive all money receivable by the City from the state or federal governm ent or from any cot t\ or from any office , department or agency, of the City, or any other agenc,· office or source which is not now in e1t1 stence but which may, in the future, be created or provided for ; (0 Arrange for the preparation of tax maps and give such notice of truces and special assessments as may be requiredi (g) Have cu stody of all public funds belonging to or under the control of the City, or any office, department or agency of the City Gov ernment, and de posit or invest all funds coming into his hands as shall be designoted by resolution of Council, sub- ject to the requirements of low es to surety and payment of interest on depos- its or investments. All interest shall be the property of the City and shall be accounted for and credited to the proper account; (h) Have custody of all investments and in- vested funds of the City Government, or in possession of such government in a