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Home My WebLink About2007 Ordinance No. 041.. • • • ORI'NANCE NO. 1f_ SERlliS OF 2007 BY AtrfHORITY COUNCll. Bll.L NO. 42 INTRODUCEDBYCOUNCll. MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF Tiffi REGISTERED ELECTORS OF TiiE CITY OF ENGLEWOOD AT Tiffi NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMEND!';;~ TO ARTICLE X, PART IV, SECTION 117 "Sales", OF TiiE ENGLEWOOD HOME RULE CHARTER. WHEREAS , Article X, Part IV, Section 117, of the Englewood Home Rule Charter requires the City to "advertise for bids to dispose of any swplus, junk, or articles of value no longer of use to the City."; and WHEREAS, the City currently stores and attempts to sell property even when it is known that the property has no value and could be disposed of and not waste time and efforts in a futile attempt to sell the items ; and WHEREAS , the proposed amendment allows the purchasing officer some flexibility in detcnnining the advertising methodology that is most advantageous to the City· nd WHEREAS , the following depicts the changes to the current language ir • Englewood Home Rule Charter are as follows : 117: ~aalts. The purchasing officer shall detSJPiPR the value pf §Umlus illiPVi pg IPPRS pf wse 1P the Citv Article,, withnut Yllue IDIY hsi di1oo§Od of io a roeonm most adYlntnrmm to the Cit¥ •• lffioe f.er ltida te llio,eae ef ~ aw,phta; jYRlit er 8llielea of alYI 88 ..... af ... la lho Cit, If lho llilla ... diaaa 88188181111 1B lho Cit,, 1111 ,-1iaeia8 effiu,-1· Nj111 aay er all llilla · Itqps ofyalµ• shall ~,dxmiBr4 for ale io a Q)ftOPst droned JDPst effective and efficient to the i;;,in:,; I if no bids are received for aai4-IIIF..advertised articles, 11111! ho -y aiepm ef 111-10 Iii• 11181 aa· -8• ef tho Ciiy, th• ewsl!Mie• offjcq shaH dimosc of the on isle in a WIPDst mgst a4xnntasmus to the Citv NOW, TIIBREFORE, BE IT ORDAINED BY Tiffi CITY COUNCll. OF Tiffi CITY OF ENGLEWOOD, COWRADO THAT: ~ There is hereby submitted to the registered electors of the City of Enaicwood at the next scheduled municipal clc.:tion on November 6, 2007, a proposed amendment to the Charter of the City ofEng!,.:wood, Article X, Part IV, Section 117, to read as follows : -1- 11 b Ii Question No . Shall the Home Ruic Charter of the City of Englewood, Article X, Pan IV, Section 117, be amended to read as follows : ARTICLEX FINANCE ADMINISTRATION l'ARTIV . PURCHASES AND SAi .ES 117: Property sales. The purchasing officer shall detenninc the value of surplus items no longer of use to the City. Articles without value may be disposed of ~, a manner most advantageous to the City . Items of value shall be advcnised for sale in a manner deemed most effective and effic ient to the City; if no bids arc received for the advcnised anicles, the pur~hasing officer shall dispose of the articles in a manner most advantageous to the City . Yes No Section 2. 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 Englewood shall give 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, detennined , and ccnifie.l as required 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 and content of the bnllot issue set forth herein and the ballot title for such question shall be the text ofthr, 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 Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance . ~ If any section, paragr.i,h, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or uncnforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read ;n full , and passed on first reading on the 2nd day of July, 2007 . -2- • • • • Publi1hod u a Bill for an Ordinance on lhe 61h day of July, 2007 . Read by title and pauod on final Jeldina on lhe 16th day of July, 2007 . Publilhod by title u Ordinance No . ft Seri ea of 2007, on lhe 20th day of July 2007 . I, Loucrishia A. Ellis , City Clerk of lhe City of Englewood, Colorado, hereby certify that the above and foregoing is a tru5 "{JPY of the Ordinance passed final reading and published by title as Ordinance No . ':1L, Series of 2007 . -3- • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 2, 2007 11 a Ill 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 IV, Section 117 of Charter of the City of Englewood Initiated By: Department of Finance and Administrati ve Services I Staff Source: Frank Gryglewicz, Dir ector COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this issue at the Study Session held April 2, 2007. Staff was directed to proceed with submitt ing this question to the voters at the No ve mb er 6, 2007 Election . RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance placing this issue on the Nove mber 6, 200 7 ballot. If this proposal passes, it wi ll provide flexibility and time savings for Council and staff. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Article X, Part IV, Section 117 of the Charter addresses property sales . Current Charter language requires the City to "advertise for bids to dispose of any surplus, junk, or articles of va lue no longer of use to the City." The City currently stores and attempts to sell property even when it is known that the property h,s no value . It could :.ie easily disposed of and, in these cases, disposing of the items would expend less time and efforts than attempting to sell them . The proposed changes also allow the purchasing officer some fle xi bility in determ ining the advertising methodology that is most advantageous to the City. FINANCIAL IMPACT This action will not have a direct financial imp,.ct on the City of Englewood. LIST OF ATTACHMENTS Copy of Section 117 of the City Charter Proposed Bill for an Ordinance • • • 118 HOME RUL E CHARTER 122 be invalid unless accepted by resolution which shall declare the reason for excep- tion to the competitive bidding require- ment . (Amended 3-24-1981 ; 11 -3-1987 ; 11 -6-20 01) 117: Sale,. The purchasing officer shall advertise for bids to dispose of any surplus, junk, or articles of value no longer of use to the City. If the bids are disadvantageous to the City, the purchasing of- ficer may reject any or all bids. If no bids are received for said articles, then he moy dispose of them to the best advantage of the City, ll8: Emergency purchases. In case o! emergency affecting the public prop- erty, health, peace or safety, the Council may waive all provisions for competitive bidding and direct the purchasing officer to purchase nec es- sary su pplies in the open market at not more than commercial pri ces. ARTICLE XI. FIRE, POLICE AND HEALTH SERVICES 119: Provision for. Council shall provide, by ordinance, Fire, Po- lice and Heolth services for the preservation of public property, health, peace and safety, i·, '.,; ing the prevention of crime, the apprehens. · 1, , • criminals, the protection of property and .. ~.e rights of persons, the enforcement of the laws of the State and the ordinances of the City, and such other functions as Council end the City Manager may prescribe. ARTICLE XII. PARKS AND RECREATION 120: Services 1-rovidcd. Council shall provide, by ordinance, for the planning and supervision of a community recre- ation program end for equipping and maintaining City-owned or controlled parks, recrentional ar- eas and facilities, both in and outside the corpo- rate City limits which functions shall be under the direction of the City Manager. The City may cooperate with other public authorities, organiza- tions, or individuals in or outside the City to implement the operations of this program . ARTICLE XIII. CITY OWNED UTILITIES 121 : Authority and powers. The City shell have and exercise with regard to City owned utilities, including water nnd wnter rights end the acquisition ther eo f, and bonded indebtedness in connect.ion therewith, all of the authority and powers now provided by the Stat- utes of the State of Colorado, including those hereafter established by act of the General Assem- bly. In addition, the City shall have the power to exchange water rights owned by it for other wate r rights owned by other persons, associations, cor- porations, municip alities, or quasi -municipal bod- ies, upon such terms and conditions, an d in such proportions as the City Council shall determine to be for the benefit of the inhabitants of th e City. No water rights, or physical assets of the water works and distribution system or sewer plant and collection system shall be sold without a majority vote of the registered electors voting thereon at a special election held in accordance with the pro- visions and limitations of this Charter. The City shall have the power to enter into agreement with other persons, associations, corporations, munic• ipalities, or quasi•municipal bodies, for joint ac• quisition of water rights, for development of wa • ter rights or for development of sewage facilities upon such terms as may be agreed upon . Such agreements shall be authorized by ordinance, enacted not using the emergency provision, and such ordinance shall be s ubject to the referendum as provided in Section 4 7 of this Charter. (Amended 11 -2-1965; 11-5-1991) 122: Administration. Except as otherwise provided by ordinance, the City Manager shell have administrative charge over the collection nnd distribution facilities of the water and sewer systems and all physical properties in connection therewith . Such duties shall consist of: operation of the municipal water works, sewer systems, and other City owned Supp. No. 6 CHT:2 ,