HomeMy WebLinkAbout2001 Ordinance No. 037•
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ORDINANCE N0.3.Z
SERIES OF 2001
BY AU'l'HORITY
COUNCIL BILL NO. 40
INTRODUCED BY COUNCIL
MEMBER GARRET!'
AN ORDI ANCE SUBM£TTING TO A VOTE OF THE REGlSTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT'l'HE NE>."T SCHEDULED MUNICTPAL
ELECTIO A PROPOSED AMENDMENT TO ARTICLE VI . SECTION 46. OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS. the City Council of the City of Englewood desires to amend the
Submissions Section of the Englewood Home Rule Charter: end
WHEREAS. the Englewood City Clerk's Office end the Englewood Election
Coauniseion seek Council approval of a bill for an ordinance submitting to a vote of the
registered electors of the City of Englewood, at the next sche Juled General Murucipal
Election, November 6 . 2001, proposed amendments to the reeall, vacancy, initiative
and referendum sectio'\S of the Home Rule Che.rur of the City of Englewood; end
WHEREAS , the amendments would permit submission of questions to the voters
at gen.era! state elections, which are currently restTicted by Charter: and
WHEREAS, these Charter restrictione. regarding participation in general state
elections, were established pnor to the advent of coordinated elections; and
WHEREAS, the Englewood City Council finds that such modification of the
Englewood Home Rule Charter would serve the public welfare;
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. THAT:
Ses;tiPO l There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on ovember 6 , 2001 a proposed
amendmen• to the Charter of the City of Englewood. 118 follows :
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10 b iv
46: Submissions.
Que8tjon No
ARTICLE VJ
INl'l'!ATIVE AND REFERENDUM
If the petition accompanying the proposed ordinance is &Ii/Tied by registered
electors equal in numbor to ten percent (10%) of the preceding gubernatorial vote in
the ~ty. with a request for a special election, the Council J:,aU either pass said
ordmance without alterations witlun thirty days fter the pet'tlon is filed. subject to
the referendum , or call a special municipal election, unless a general munjcipal
election . er special 111unicipal election or 11eneral state elec;tion is to oa:ur within
ninety days thereafter. At s uc\i epceift! er general municipal election. specjal
muniopal election or general state elecuon the Council shall submit said ordinance
to a vote of the electors of th City. If the petition i• signed by registered electors
equal in number to et least five perce nt (5%) of the preceding gubernatorial vote in
the ~ity, and is filed with the City Clerk at least ninety (90) days before 81'11" !!
~ municipal or general stati! election, the Council shall pass said proposed
ordinance without alterations with.in thirty (3 0) days, or shall submit &ame to a vote
of the electors at the next general municipal elec;tion or~ state election. If the
petition is not filed with the City Clerk at least ninety (90) days before the next
general mun.icipal ~or~ state ele<:tion, it shall be null and void .
An initiated ordinance shall be published in the same manner as other
ordinances. The ballot upon which such proposed ozdinance is s11bmitted shall
comply with the requirement& aet forth in Section 14 of this Charter. If a majority of
the electors voting thereon shall vot,e in favor thereof, the same shall thereupon,
without further publication. become an ordina.nce of the City Immediately. Any
number of proposed ordinances may be submitted at the s ame election. The number
of special elections shall be limited as proV1ded in Section 14 of this Charter.
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~-Each 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 marlang u pon paper baUota where u ed.
Section 3 The prop r officials of the City of Englewovd s hall gwe notice of said next
scheduled muniopal el ec tion, such notice shall be published in the manner and for the
length of time reqwred by low. and the ballots cast t such elecuon shall be convueed
and the result as.:ertorn ed. determ ined, and certified s reqwred by law.
Swi.9D.i . Only if the question 1s approved by the reguitered electors of the City of
Englewood shall the Section be amended and the Charte.-, as am ended , certified to he
Secretary of State.
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• ~. For purposes of Section 1·11-203 .5, C.R.S., this Ordinance ahEill serve to
eet the tit.le and content of the ballot issue eat forth herein and the ballot title for auch
question shall be the text of the question itself. Any petition to conteet the form or
content of the ballot title ·.Jay be filed with t he District Court and a copy erved on the
City Clerk within five da;11 after the title of the ballot question ia set by the City
Council on fu reading of this Ordinance.
~-If any section. paragraph. clause, or other portion of this Ordinance ls for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, rend in full , and passed on first reading on the 16th day of July, 2001 .
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Read by title and passed on final reading on the 6th day of August, 2001.
Published by title aa Ordinance No~ Series of 2001, on t he 10th d y of
August, 200 l.
~4tc, ThoJ.Burns,¥
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Color do, hereby certify
that the above and foregoing is a true cop~ the Ordinance p e on final reading
and published by title as O ' ce o . .:;z_;., Series of 2001
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COUNCIL COMMUNICATION
Date Agenda Item
July 16, 2001
INITIATED BY
Director of Fina nce and Administrative Services
Election Commission/City Clerk's Office
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STAFF SOURCE
Subject
Charter Question for November
6, 1001 Election regarding
Initiative Pro cedure
Frank Gryglewicz, Director of Finance and
Administrative Sel'\llces
Loucrishia A. Ellis, City Cle rk/Ele ction Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCI L ACTION
City Council reviewed this proposed amendment to the Charter at their April 16, 2001 Study Session . At
the May 21 , 2001 Study S(!ssion Council directed staff to proc edwith submitting this question to the
voters.
RECOMMENDED ACTION
The City Clerk's Office and the Election Commission seek Council app roval of a bill for an o rdinance
submitting to a vote of the registered electors of the City of Engl ewood, at the next scheduled General
Municipal Elec tion, November 6, 2001, proposed am en dments to the recall, vacancy, initiative and
referendum sections of the Home Rule Cha.rter of the City of Englewood . The amendments would permit
submission of questions to the voters at general state elections, which are cu rrently restr icted by Charter.
These Charter restrictions, regarding participation in general state elee1ions, were established prior to the
advent of coordinated elections .
Additionally, a re view of Article IV, Recall revealed that paragraph six and paragraph nine contain repetiti e
la nguage. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fi ll a vaca ncy.
FINA CIAL IMPACT
Thi s action will not have a direct mancial impaC1 on the Ci of Englewood.
UST OF ATTACHMENTS
Propr-sed bill for an ordinance
Memo to Director Frank Gryglewicz dated March 14, 2001
MEMORAND UM
TO :
FROM:
DA.TE :
SUBIECT:
Frank G glewicz, Director of Finance and dmmistrative Services
Loucrishia Ellis, City Clerk
arch 14. 2001
Proposed Charter changes
At the Election Comm is sion meeting, M ar ch I, 2001. the Commission discussed amending the Charter to
permit su bmissio n of recall , vacancy, initiative and refere ndum questions to the voters at ge neral state
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elections .
Yh is became an issue last summ er when a ci tizen ini tiat ed a recall effort. Even though the timin g would
have allowed the question to be po se d to the citizens at a general municipal election, it was an ofi-year for
us . The fall election was a general state election, and based o n Charter restrictions, we would have been
looking at a Ja nuary special election. Bo th sides of the issue expresse d dismay that the issue coul d not be
reso lved at th e November election . There is also the i ssue of the additional cost of conducting a speci al
election.
Charter restrictions regarding participation in gener al stat e elections were esta b lis hed prior to the advent of
coordi nated elections.
lhe Election Commission reviewed Charter procedures re lative to recall, vacancy, initiative and refe rendum
and determined to propose cha nges which would allow th e submission of recall, vacancy, i nitia tive and
reierendum questions to a general st ate election .
Artide VI. Ini tiative and Referendum, Section 46: Subm ission) contained confu sing language. Th e
Commission fee ls their recommended chan ge would cl arify the inten t of he Charter, which is that petitions
submitted with signatures of 10% of the preceding gubernatorial vote i n tne City can call fo r a special
election. If the pe tition is submitted with just 5% of the signatures . the question must be su bmitted at a
general municipal or gene-ral state election . The Commission 's recommendation is simp ly to re m ove the
vord • an • 1n Section 46 and add • a general."
dditionall~. a re ,ew of Art1de IV, Recall revealed that paragraph i and para11raph riine contain repetitive
langu.ige e have recomme nded cha nge s 1n paragraph nine to cla ri that this paragraph was meant to
refer to an election to fill a vacancy.
I ha e attached a cop of th e motic,:1 fo r furthe r clari ,ca ti on. Please le t me kno1 if you have any questions
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Membtr Lay moved, and Member Redpath 1KOnded, to recom mend submitting to a vote of the
registered electors of the City of Englewood, amendme nts to Article IV, Recall, Section 34 and Article VI,
Initiative and Referendum, Sections an d 47 generally as follows:
Article IV . RECALL
34: Procedures.
[Paragraph 6 I Should a genera l municipal election, Elf a special municipal election, Ii
general state elect!12,11 be held within th e 60 .., to 120.., da y after fili ng of the recall petition, th e recall election
shall be held in conjunction therewith. Sheljld a general stal e eleelien ee held '#ilttin lRe &o• ~•~
alle r filing ef tke recall peli!i eF1, Ike reeall eleelien shall ee held en lhe qi;• l&-9Q,.. da·; after lhe general
s1a1e eleclien. At such recall election, the queslinn of the proposed recall of the elected officer shall be
submitted to the registered electors w ho woul d b e en titl ed to vote for the successor of th e incumbent
sough! to be recalled.
Th e ballot upon which such proposed rec all is submitted shall set forth the following question :
SHALL {NAME OF PERSON AGAIN ST WH OM RECALL PETrTION IS FILED) BE RECALLED FR OM THE
OFFICE OF {TIT LE OF OFFICE)l
Following su ch question sha ll be the words "Yes" and "No". In th e event that an officer is recalled by a
majority vote of those voting on the question, the office shall be deemed vacant and shall be filled at an
election calle d by C o uncil not le ss than sixty (60) days nor more than one hundred twenty (120) days after
the re call election un less within sai d period of tim e a general municipal election, a special municipal
election, or a general ~ electJon 1s to be held .
!P aragraph 91 Should a general municipal election, Elfa special municipal election, Ill:
a gegeraJ state e[ectjon be held within the 60 th or 120'" day after~ th e recall petilieA ~ the
ele ction to fill the yacancy shall be held in conj unction therewith.
Recall elections and elections to fill a vacancy c reated by a recall election shall not be subject to the
limitat ion set forth in Sectio n 14 of the Home Rule Charter.
Article VI. INITIATIVE AND REFERE OUM
46: Submissions.
!Pa ragrap h t J If the petition accompan ing the proposed ordinance is signed by
registererl electors equal in number to ten perc ent ( 10%) of the preceding gubernatori al vote in the ci ty,
with a request fo r a special election , the Council shall either pass said o rdinance without alterations within
th irty days after the petition is filed, subject to the referendum , or call a special mun:cipal election, unless a
general mynjcioaJ electjon 6f special municipal election gr general state ejection is to occur within ninety
days th ereafter. Al such ~ e,...general municipal election. sgecjaJ mygjcj pal e[ectJog or general state
~ the Council shall submit said ordinance to a vote of the electors of the City. If the petition is
signed b reg istered electo rs equal in number to at leas t five percent (5 %) of the preceding gubernatorial
vo te in the city, and is ,led with the City Clerk at least ninery (90) days before itR'f' ~ municipal or
genera l sta te election, the Council shall pd,s said proposed o rdinan ce without alterations within thirty (30)
days , or shall submit same to a vote of the 1:lectors at the next general municipal or state election . If the
petition is not 1led with the City Clerk at least ninety (90) days before the next general municipal or g:a
sta te election, i t shall be null and void.
(Paragraph 21 If at any lime within thirty (30) days after the final passage of an
ordinance to which the referendum is appli cable a f.Jetition signed by registered electors equal In number to
at least ten percent (10%) of the preceding 8',lbematorial vote in the City, is pre5ented to the Council
protesting any ordinance going in to effect, It shaH reconsider such ordinance. If the ordinance is not
entirely repealer!, Council shall submit it to a vo te of the electors of the City as provi ded in the Initiative and
Section 14 of this Charter, at the next general municipal election. &Htt-a speci,il munjcjpal election g,c
general state e(ectjgn. Such ordinance shall then go into effect without further publication if a majority of
the electors voting thereon vote in favor of it. The Council, on its own mocion, shall have the power to
submi t any proposed ordinance to a vote of the electors at a general or ~pedal election as provided and
limited in this Charter. o provision of this Charter shall be construed as limiting the right of Council to
refer to any ordinance subject to referendum. If provisions o two or more proposed ordinances adopted
or approved at the same election conflict, the ordinance receMng the highest affinnative vote shall become
effective.
Vote results:
Aves :
Nays:
Absent :
Motion carried .
Members Redpath , Ellis, Lay
None
Members Holmber& Mulhern
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