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Home My WebLink About2006 Ordinance No. 007• • • ORDINANCE NO . !J__ SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE I, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETURNS /CANY ASSING . WHEREAS, the current time frame docs not allow the City to comply with additional procedures set forrh in State Statute ; and WHEREAS, these procedures arc in place to ensure every legitimate vote counts; and WHEREAS, the passage or this proposed Ordinance will coordinate the City's election procedures with current State Election Statutes; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLL OWS : ~-The City Council of the City of Englewood hereby approves amending Title I, Chapter 8, Section 4, of the Englewood Municipal Co de 2000, which shall read as follows : 1-8-4: Returns: Canvassi ng . The returns of all municipal elections , conducted by the City of Englewood , shall be made lo the Ci ty Clerk. He/she shall be assisted in the canvassing of returns by the other members of the Election Commis sion . Ne later then fi,e (S) da)S aller tl.e m•nieipal eleetien , the Gil)' Cieri, shell open the ret•ms in the presenee ef the ether memeers ef the Eleetien Commission and prepare•• aestraet ef ,ates. In the e,ent efthe inaeilit) efaR) efthe memeers ef the Cemn,issien le attend , the ret•ms ma) 1,e opened and ean, assed B) OR) I .. e (2) memeers ef the Commission in the effiee ef the Cit) Cieri,. In the event the City Clerk shall be disqualified or be unable to act, the Deputy City Clerk may lawfully act for him/her and discharge his/her duties hereunder. The Election Commission shall proceed with the canvassing pursuant to the pro vision s of the City Charrcr and the Colorado Election laws . ~-Safely Clauses, The City Council hereby find s, determines , and declare s that this Ordinance is promulgated under the general police power of the City of Englewood , th at it is promulgated for th e health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Co uncil furrhcr determine s that the Ordinance bears a ration al relation to the proper legislative object sought to be obtained. ~ ScvcrabiJjly If any clause, se ntence , para graph , or pan of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a courr of competent jurisdiction in va lid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . 9 bi ~ Inconsjsh:nl Ordjnanccs All other Ordinances or ponions thereof inconsis1en1 or conflicting with this Ordinance or any ponion hereof arc hereby repealed 10 the exlenl of such inconsistency or conflict ~-E(Tcct of repeal or modjfica1jon The repca 1 or modification of any provision of the Code of the Cily of Englewood by this Ordinance shall nol release , extinguish, allcr, modify, or change in whole or in pan any penally, forfeiture, or liabili1y, either civil or criminal, which shall have been incurred under such provision , and each provision shall be 1rca1cd and held as still remaining in force for the purposes of sustaining any and all proper actions, suils , proceedings, and prosecutions for the enforcement of the penally, forfeiture, or liabilily, as well as for the purpose of sustaining any judgment , decree , or order which can or may be rendered , entered, or made in such actions, suits , proceedings , or prosecutions . Introduced, read in full, and passed on firs! reading on lhe Isl day of May , 2006 . Published as a Bill for an Ordinance on lhc 5th day of May , 2006 . Read by lillc and passed on final reading on lhc 151h day of May , 2006 . Published by 1i1lc as Ordinance No . 'l, Series of 2006, on the 19th day of May, 2006 . I, Lou cd,bia A. Ellis, City Clerk of lhc City of Englewood, Colorado, hereby certify 1ha1 the above and foregoing is ~rue copy of lhc Ordinance passed o I al reading and published by 1i1lc as OrJinancc No . :..L Series of 2006 . • • • • • • COUNCIL COMMUNICATION Date : Agenda Item : Subject: May 1, 2006 9 a i Housekeeping Amendment to EMC 2000 § 1-8-4 regarding Election Returns; Cmvassing Initiated By: Staff Source: Departm ent of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services City Clerk's Office/Elec ti on Commission Lo ucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Co unci l reviewed this proposed amendment to the Code al lhPir April 17, 2006 Study Session. RECOMMENDED ACTION The El ec tion Commission disC<Jss ed this iSSl1e at th ei r February 21, 2006 meeting . Th e Cily Clerk's Office and th e Election Commission seek Council approval of a Bill for an Ordinance approving a ho usekeepi ng amendment l o th e Code as follows: EMC § 1-8-4 Returns; Canvassing. The relmns of all municipal elec ti ons, conducted by the City of Englewood, shall be made 10 the City Clerk. He/she shall be assis ted in the ca nvass ing of returns by the other members of th e Elec ti on Commission. Ma later thaa ~"'e (5) sa1·s after tl,e 1mmieipal eleetiaa, the Cit)' Clerh shall epe a the re1u,as iA the preseaee er the ether a,emlaers er tl,e Eleeti aA Ca1,aa,issiaa aAS ~ alastraet ar • ates. IA the e• ea t ar the iAalailil', er aA 7 er the 1Hemlaers er the CammissiaA ta atteAS, the ,etums ma, lae epe aea aaa eaA.assea lay an) r 10 (2) memliers er the Cea,missian ii, the afflee er the Gil\ Clerl1. In the even t the Ci ty Clerk shall be disqualified o r be unable lo act, the Deputy City Clerk may lawfully act for him/her and discharge his /her duties hereunder. The Elec ti o n Commission sha ll proceed with the canvassi ng pursuant to the provisions of th e City Charter and th e Colorado Election laws. BACKGROUND The five day deadline w o uld nol allow the City l o comply wilh additional procedures set forth in State Statut e, w hi ch are in place to ensure every legitimate vole counts. State Sta tute provides fo r this process . FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance • • •