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Home My WebLink About2004 Ordinance No. 034• • ORDINANCE NO .~ SERIES OF 2004 BY AUTH RITY COUNCIL BILL NO . 29 INTRODU CED BY COUN CIL MEMBER WOLOSYN AN ORDINANCE SUBM ITT ING TO A VOTE OF TH E REGIST ERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NE XT S HEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTI CLE I, SECTION 12, OF THE ENGLEWOOD HOME RULE CHART ER . •t WHEREAS , when the TABOR Co nsli tuti onal Amendment (The Taxpayer's Bill of Rights) was approved by Colorado volcrs it c reated an election timing problem fo r statu tory cities and some Home Rule municipalities ; and WHEREAS, TABOR provides for an election on the "firs! Tue sday in Novembe r of odd-numbere d years"; and WHEREAS, the City of Englewood Home Ruic Charte r Slalcs "a general municipal cleclion shall be he ld on 1he Tu esday after 1hc firSI Monday in November, 1959, and biennially thereafter"; and WHEREAS, without Ibis amendment lo the currcnl language of Section 12 of 1hc Englewood Home Ru ic Charter in yea rs when the firsl Tuesday in November wi II not be preceded by a Monday 1hc City of Englewood would have 10 conducl Eng lewood 's general municipa l elec tion a week later than the state 's genera l municipal election; and WHEREAS , by the passage of this Ordinance would allow th e Ci 1y of Englewood 10 conduct !heir elections on the same dale as lh c S1a1c clccl ion which will facilitate consolidated elec ti ons; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO THAT: ~-There is hereby submi tt ed lu the rcgisicrcd clcclors of the Ci 1y ~ f Englewood al 1he nexl sc hedul ed municipal clcc 1ion on November 2, 2004, a proposed amendmcnl 10 th e Charter of the Cily of Englewood, which would amend 1hc language of Article I, Section 12, to read as fo ll ows 11 b ii Quest ion No . __ Sh a ll th e Home Ruic Chan cr of the C it y of Englewood , Arti c le I, Section 12, be amended to read as follow s.:, Al,,,, A . ...__ .... ,,,,. .. -· lr -7 .,_, "7MUtfW. . £1..Eet/()A,Q ~.. -(i ARTICLE I. G ENERAL PR O¥ISIONS qf?(ot.t O~'l2 : Municipal e lec t ions. ~ ~ A general muni ci pal elect ion sh a ll be held on the TuesdB) eA~-s~ !lend•) in Ne.~ml,e,, 1959 , and laiemtie ll ) the ,eeAe, dates specified in Sta te lrul•, Special municipal election s shall be held in accordance wit h th e provisions oftr.'s Chaner. The polling places shall be open from seven A.M . lo seven P.M. e lection days . Yes No ~-Each elector voting at said ,Jection and des irous of voting shall indicate hi s/her choice by depre ss ing th e aµ:.,ropria tc coun ter of th e voting machine or by the approp ri ate marking up on paper baH.ns where used. ~-The proper officials of the C ity of Englewood shall gi ve n oti ce of sa id next schedul ed municipal election , such notice sha ll be pu blished in the m anner and for the len gth of time required by law, and the ballots cast at such elec ti on shall be canvas sed and the result asce rtained , determined , and ce rtifi ed as required by law. ~-Only if the question is approved by the regi stered elec tors of th e City of Englewood shall the Section be amended and th e Charter, as amende d, certi fied lo th e Secretary of State. ~-For purposes of Section 1-11-203 .5 , C.R.S., thi s Ordinance shall serve to set the title and co nt ent of the ballot iss ue set forth herein a nd the ball ot ti tl e for s uch question shall be the text of the question itself. Any petit ion 10 contest the form or content of th e ballot title may be filed wi th th e District Coun and a copy se,ved on the Ci ty Clerk wi thin five days af\cr the t itle of th e ballot question is se t b y the City Council on final reading of thi s O rdinance. Section 6. If any sec tion, paragraph , cla use, or oth er portion of thi s Ordinan ce is fo r an y reaso n held to be in va lid or unenforceable , th e inva lidit y or uncn fo rccability shall not affect any of th e remainin g ponions of this Ordinance . Introduced, read in full , a nd passed on fir st read ing on th e 7th day of June , 2004. -2- • • • • Publi shed as a Bill for an Ord inance on the 11th da y of June , 2004 . Read by title and pa sse d on final rea din g on th e 2 1st day of June , L004. Published by titl e as Ordinance No.,;!/_, Series of 2004, n th e 25th d y of June , 2004. ~, ~ I, Loueri shia A. Elli s, City C lerk of the City of Englewood, Colorado, hereby cert ify that the above and foregoing is a true COW, pf the Or inan passed on fin al reading and p ubli shed by tit le as Ordinance No . .zt., Serie s f -3 - • COUNCIL COMMUNICATION Date Agenda ll e m Jun e 7, 2004 11 a i INITIATED BY Director of Fi n ance and Ad min is trati ve Serv ices Elec ti on Commiss ion/City Clerk's Office Subject Chart er Q ues ti on fo r November 2, 2004 Elec tion STAFF SOURCE Frank Gryglewicz , D irec tor of Fin an ce and Admin is tra tive Services Loucri shi a A. Ell is , City Clerk/Elec ti o n Commissio n Mem be r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Coun c il rev iewed this p ropose d amendm ent to th e Chart er at th e M ay 24, 2004 Study Sess ion . RECOMMENDED ACTION Th e Cit'{ Cler k's Offic e and th e El ecti on Co mmiss ion see k Co un cil approva l of a bill for an ord inance su bmitting to a vote of th e regist ered el ectors o f th e Ci ty of En glewood, at the N ovember 2, 2004 El ecti on, a p roposed am endment to the H om e Rul e Charter to address an electi o n timing iss u e. Th e am endment w ould all ow the City of Englewood to conduct th eir elec tions on th e sa me date as se t forth in Stat e law. • When TABOR (The Tax paye r's Bill of Rights) was approved by th e vote rs it crea ted an election timing problem for statuto ry c iti es and some H om e Rule munic ipalities. • TAB O R provides fo r an elec tion on the •first Tue sday in N ovember of odd-numbered years ." Englewood's Ch art er states th at "a ge neral municipal el ecti on shall b e he ld on th e Tu esd ay after th e firs t M onday in November, 1959, and bienni all y th erea ft er: In 2005 and 20 11 th e first Tu esd ay in Nove mber will not b e prece ded by a M onda y. Thi s means th at unl ess we am end our Charte r, th e TAB O R coordin ated elec ti on will occur on th e first Tue sday of th e month and we would have to conduct our gen eral mun icipal elec ti on a wee k later. Thi s would defi nitely ca use electi on adminis trati on p roblems , add :t ional cost and the El ection Commiss ion feels it would n ot be in th e bes t int eres t of o ur ci ti ze ns. FINANCIAL IMPACT Th is action w ill not have a direc t fi nancia l impact o n th e City of Englewood. LIST OF ATTACHMENTS Prop ose d b ill fo r an ordi nance Mem o fr om Geoff W ilson, CML General Coun sel, da t ed May 1 1, 2004