HomeMy WebLinkAbout2003 Ordinance No. 058•
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ORDINANCE NO . _51{
SERIES OF 2003
BY AUTHORITY
COUNC IL BILL NO. 34
INTRODUCED BY COUNCIL
MEMBER GRAZULIS
AN ORDINANCE SUBMITTING TO A VOTE OF TH E REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A
PROPOSED AMENDMENT TO ART ICLE V, SE CTION 40 , OF THE ENG!.EWOOD HOME
RULE CHARTER .
WHEREAS. th e lega l publicatio n expenses required by the Charter are a subs tantial
yearl y ex penditure ; and
WHEREAS , ongoin g impro vements in the City 's electronic commun icatio n will make
co mmunication of ordinances more ava ilable to the citizens of Englew ood ; and
WHEREAS , on first reading, the publicat ion may be in fu ll or by titl e with a summary .
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY
OF ENGLEWOO D, COLORADO THAT :
Section I. There is hereby submitted to th e regi stered elector.; of the City of Englewood
at the ne xt sc heduled municipal election on November 4, 2003, a proposed amendment to the
Charte r of the City of Engle wood , Artic le V, Section 40, to read as follows:
Question No . __
Shall the Home Ruic Charter of th o City of Englewood, Artic le V, Section 40 , be
amended to read as follows :
40 : Proce dure of passage .
ARTICLE V
ORDINANCES
An ordinance may be introduced as a bill at any regular meeting by any member of th e
Council , or by petition of th e people as pro vided by th is Charter . Upon introduction, the bi ll
e1teept fer an ordin&ftee mak iRg a geReFBI eedifieatiea ef erEli,um ee er erdi,um ees eEloplieg
!HMderd eo de s, shell he read a firs, tifRe iA ft.Ill anti sha ll be nublished bv referen ce or iii~
Council max dctennine Council may set a day and hour at which Council , or a commin~i: of
Counci l, shall hold a public hearing thereon . A bill , before its final passage, sh all be presented at
ono addit ional meeting of the Council , whi ch meeting must be held no earlier than seve n da ys
after publication of the bill for an ordi nan ce iR it, HRol ...,,Rded feR!l , except in case of
emergency a, herein provided. After final passage , every ordinance shall again be publi shed by
reference or in full as Co uncil may determine .
• Any publicati on by reference shall contain a summary of the subject mailer of the
ordinance and a notice that copies of the ordinance arc availab le at the office of the City Cle rk .
11 bi
Yes No
Section 2. Each elect or voti ng at sai d election and desirous of voti ng shall indicate
his/be r choice by depre ss ing th e appropriate co unt er of the voti ng machine or by the appropriate
marking upon paper ballot s wher e used.
Section 3. Th e proper officials of the Cit)' of Eng lewood shall gi ve not ice of said next
sc heduled municipal ele ction, such not ice shall be published in the manner and for the length of
time required by law, and the ballots cast at such ele ction shall be can vasse d and the re sult
ascertained , detennined. and certified as required by law .
Section 4. Only if the questio n is approved by the registered electors of the City of
Englewood shall the Section be amended and the Chaner , as amended , cenified to the Secretary
of State .
Sectjon 5. For purposes of Section 1-11 -203.5 , C.R.S .. this Ordinance shall serve to set
the title and content of the ballot issue set fonh herein and the ballot title for such question shall
be the text of the .. ,"estion itse lf. Any petiti on to contest the form or content of the ballot title
may be filed with the District Coun 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 fin al re ading of thi s Ordinance.
~i~ If any section, paragraph, clause , or other port ion of thi s Ordinance is for any
reason held to be mval lJ :i~ u.nerifo rre:\h!r , the invalidity or unenforceability shall not affect any
of the remaining ponions of this Ordinance .
Introduced , read in full, and passe d on fi rst reading on the 2 1" day of July, 2003 .
Published as a Bill for an Ordinance on the 1st day of August, 200).
Read by title an d passed on final re ad in g on the 18th da y of Augu st, 2003 .
Publi she d by title as Ordinan ce No. Sf , Series of 2003, on th e 22 nd day of Aug ust,
I, Loucri shia A. Elli s, City Cl erk for the City of
the above and foregoingMtrUC copy of the Or nan
title as Ordinance No . ..'.:;;!L, Series of 2003 .
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COUNCIL COMMUNICATION •----~-~-----
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Dale
July 21, 1003
INITIATED BY
Agenda llem
11 a i
Di rec tor of Fi nan ce and Ad minist rati ve Services
'.:i ty Clerk's Office
Subject
Chart er Que5'i o n fo r November -l , 1003
El ec tio n Rega rdi ng Legal Pu bli ca tions
STAFF SOURCE
Frank Gryglewicz, D irector oi Fina nce and
Adm inist rative Services
Lo ucri shia A. Elli s, City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Co unci l re viewed thi s propose d amendment l o th e Chart er at th ei r May 19, 2003 Stu :J y Sess io n.
RECOMMENDED ACTION
Th e D epa rtm ent of Fina nce and Administrative Services seeks Co un ci l approval of a bill fo r an o rdinan ce
subm itting to a vote of th e reg istered elec to rs of th e Ci ty of Eng lewood, at th e nex t sched ul ed General
M unici pal El ec ti on, November 4, 2003 , a pro po sed ameodm ent to Sect ion 40 of th e City of Englewood
H ome Rul e Cha rt er. Th e am endment would amend the Charte r to all ow the City to publish ordinances by
reference or in full as Co un ci l may determ ine .
Pr opose d amendment
H ome Rule Charter A RTI CLE V. ORDI N A NCE S
40: Procedure of passage . A n ordinance may be introdLced as a bill al any regul ar meeti ng by any
member of the Co uncil , o r by petiti on of the PL opl e as provided by th is Charter. U po n intro ductio n, th e
bill , eHEe ~t fer an erel i11 anee mal,i ng a ge neral ee aiH eati en ef e,ainan ee SF e,ainanees aae~ti ng stanaa,a
eeele s, sl:i all Se ,cad a 11 ,st tim e iA i1:111 a,H~ sha ll be oub lished bx cefereoce or io fiJU as Co uncil ma x
~ Co uncil may set a da y and ho ur at w hic h Co un cil, o r a committee of Council , shall ho ld a
pu bli c heari ng th ereon. A bill , befo re its fina l passag e, sha ll be prese nted at o ne additio nal mee tin g of th e
Cou nci l, w hi ch meeting mus t be held no earl ie r th an seven days after publica ti on < f th e b ill fo r an
ordinance in its fi nal amen ae a ferm , exc ep t in case 1/ emergency as herein prov id ed. Afte r fi nal rassage,
eve ry o rdi nan ce shall again be publi shed by reference o r in full as Co un cil may determine.
Any pu bli ca tion by refe rence sha ll contain a sum mary oi the subjec t ma tt er of the ordina nce an d a notice
tha t copi es of th e o rdina nce are avai lab le at th e office o f th e City Cl er k.
FINANCIAL IMPACT
D uring th e las t fi ve ye.,s m y bu dget fo r leg al p ublica tio ns has fl uctu ated be tween S36 ,000.00 and
$70,000.00. If thi s proposed ball ot ques tion is app roved, und er Cou nci l's di rec tion, we co ul d po ssibl )'
rea li ze a sig nifica nt sa vings .
LIST OF ATTACHMENTS
M emo to Frank Grvglewi cz, Direc to r of Finan ce and •1n1 inis tr ative Services , dated ,'v\a rch -l , 2003
Propo sed bill for an ordinance
.MEMORANDUM
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TO :
FRO M :
DATE :
SU BJE CT:
Frank Gryglew lc z. Direct or of Finance and Admi nist rative Ser vi ces
Loucr ishia Ell is, City Clerk
March 4, 2003
Pro posed Charter C hange -Legal Publications
Due to budget constra ints, I am submitting for yo ur consideration , a proposed Charter Change to amend the
Englewood Home Rul e Charter Article V § 40. Cu rrentl y, th e Charter requires that all cou ncil bills be published in full
on first reading and by title (or in full , as Counc il may determine) on final reading . Each time th e counc il bill is
amended, substan tively, ii must be published. again. in full.
Rates are set by St ate Statute, ho wever. legal publication costs are . I believe , substantial.
[998 [999 2000 200 [ 2002
Le gal public;i tio n ex penses
$46,TT 0,06 $45,871 .23 $70,836.42 $35,795 .92 $43,940.JB
I conducted a survey of a few cities in the metro area, wi th the following results:
C ity Le aal Publication p,.;;'<',dures -Briahton Same as Enolewood .
Broomlield Same as Englewood with the ao-lilional requirement that ·publication of -
any ordinance by reference or by title as prov ided here in must set forth in
full any penalty clause contained in said ordinance ."
Greeley Bas ically, the same as Englewood. (They "often format lengthy
ordinances by having the bulk of the text be an "exhibit" to the ordinance
and they don't have to publish exhibits . then most of their ordinances turn
out to be a single page for publication purposes; citizens get a summary
of the ord inance in the publ ication and they meet their Charter
reau irements and save monev.l"
Lakewood Same as Eng lewood . The y are "cons id er ing u~·.,g their we bsite as the
new med ia of cho ice and eliminat ing the cost of newspaper publication
entirely."
Li ttleton Same as Ena lewood.
Parker The y only publish after the ordinance is passed on final and it is published
by title o nly. Their publication indicates that "The full text of th e ordinance
is ava ilable for pul::lic inspection and acquisition in the office of the Town
Clerk. 20120 East Mainstreet. Parker. Colorado."
Westminsler They publish by lille rnd purpose before second reading ca n be
considered. (Purpose means they publ ish a summary.) Ordinances are
pub lis herJ in full after second readina.
Thornton "The l ull text of each ordinance after passage on fi rst reading andbiiiore
second reading and final passage, and after second reading and final
passage . shall be posted in six (6) publi c places in the City as such
pla ces are des ignated by resolution of Counc il. The title of each
ord ina nce and a statemen t that the ordinance is on file In the City Clerk's
office for publ ic inspection sh all be published in a newspaper legally
qualified fo r City publicatio ns as provided in this Charter after l irst
passage and be fore seco nd passage and aga in afte r second and fina l
pas saae ."
Pnnted on Rec yc led Paper,~
aI}_ver the las t few years the poss ibil ity of amen ding publ icat ion req ui rements has been a top ic of disc 1.."s1on among City
~larks . as ou r wor lo has changed dramatically in the way we access information . W ith the advent of the electronic
age , inform atio n availabil ity has dramatica lly increas ed .
Currenlly. th e City's web site provides a co py al City Cou nc il mee ting agenda s and the approved Council minutes . We
have a list al intere sted parties who re ceive eve ry Counc il agenda and se t of app roved minut es .
I wo uld like to suggest we propos e a ball ot que stio n that wou ld amend the Chane, to allow the City to publish
ordinances In full, or by title with a summary, on first reading .
We anticipate some ratne r larg e ordinances co ming bet c ·e Council, in the near future . The Colorado Pub lication
Statutes restr ic ts r,ublicatio n ra tes . Bas ic ally, an 8 ½ by 1 t inch , l ull page of text , will cost in the neighborhood al
S100.00. II so meone would like a co py of a spe ci fic ordinanc e, it would be cheaper to mail them a hard copy, e-mail or
tax it to them .
In resear ching th e possibility of prov iding copies of the counc il bills on our webs ite, I have determined that , at this time ,
it wou ld not work . The sheer si ze al some ot the documents wo uld be an issue , especially some of the maps and
many of our attachments come from outside source s. It would ta ke a lot of ti me and labor to make this happen , so at
th is tfmg I think it would be counte r-prod uctive .
I am unaware al an yt hing in St ate Statutes that wo uld proh ibi t us from making this change.
Colorado St at ute s req uire mun ici pal ities to give publ i( notice co ncern ing certai n mun icipa l acti vitie s by newspaper
publ icat ion . State Statute § 31-16-1 OS states "an y mun icipal ity ma y dete rm ine at a regular or spec ial election to meet
the requ iremen ts al this section and section 31 -16-106 by publ is hin g ordinances by titl e only rather than by publishing
the ord inance in lull. No mun icipalit y shall call a spec ia l election tor the sole purpos e al determ ini ng the issue of
whether the municipality sh oul d publish new ordinances in lull or by ti tle on ly ."
.lease let me know ii you have any queslio n3 or ii you would lik e additional information .
cc : Gary Se ars, City Manag er
Dan Brotzman , City Atto rne y
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Mike Fla heny, Assis tan t City • !anager
Nancy Re id. Assistan t Ci ty At torney
Bob Simpso n, Dire ctor of Com ,nun ity Development