HomeMy WebLinkAbout2001 Ordinance No. 038,.
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ORD! ANCE o.-.33
SERIES OF 2001
BY AUTHORJTY
COU ClL BlLL NO . 41
INTRODUCED BY COUNCIL
MEMBER GARRETr
AN ORDJ ANCE SUBMITr!NG TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF E GLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTIO. A PROPOSED AMENDMENT TO ARTJCLE VI , SECTION 47 , OF THE
E GLEWOOD HOME RULE CHARTE R.
WHEREAS, the City Council of the Ci ty of Englewood desires to amend the
Referendum Section; and
WHERE.\S, the Ec~ewood City Clerk 's Office end the Englewood Election
Commission seek Council approval of a bill for an ordinance submitting to a vote of the
registered electo.ra ofthe City of Englewood, at the next scheduled General Municipal
Election, ovember 6, 2001, propo;;ed amendments to the recall, vacancy, initiative
and referendum sections of the Home Rule Charter of the City of Englewood; and
WHEREAS. the amendments would permit submiesion of queetiona to the voters
at general state electioDB, which are currently restricted by Charter; and
WHEREAS, these Charter restrictions, regarding participation in general state
elections, were established prior to the advent of coordinated election.s ; and
WHEREAS, the Englewood City Council finds that s uch modification of th.e
Englewood Home Rule Charter woul d sel"•e the public welfare ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU CIL OF THE CITY OF
E GLEWOOD, COLORADO , THAT:
Section 1 There is hereby submitted to the regiatered electors of the City of
Englewood at the next scheduled municipal election on November 6, 2001 a proposed
amendm ent to the Charter of the City of Englewood, as follows:
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10 bv
47: Refe oduzn.
Questton No.
ART1CLE VI
INITIATIVE AND REFERENDill
The referendum shall apply to all ordinances passed by Council , except
ordinances ,king the tax levy , th annual ppropriauon ordinance , or the ordering
of improve. initiated by petition and to be paid for in whole or pa rt by special
assessment
If at any time within thirty (30) da ys after the final pas age of en ordinance
to which the referendum is applicable a peuu.on signed by registered electors e uaJ
in number to at least ten percent (10%) of the precedm gubernatorial vote in the
City, is presented to the ouncil protesting any ordinance going into e ffect , it shall
reconsider such ordinan.:e. I! the ordinance 18 not entirely repealed, Council s hall
submit it to a vote of the electors of the City a.s provided in the Initiative and Section
1-l of this Charter, at the next general municipal election,~ special municipal
Plection or general state election . Such ordinance sh ll then go into effect without
further publication if a mlliority of th electors voting thereon vote in favor of it. The
Council, on its own motion , shall have the powe r to submit any proposed ordinance
to a .-ote of the electors at a gen.eral munjcipa) election, M' special municipal election
or genera! state election as provided and limited in thi1 Charter. No provision of th.ia
Charter shall be construed as limiting the ri ht of Council to refer to any ordinance
Rubject to referendum . lfpro,'1!lions of two or more proposed oroinances adopted or
approved at the same election conflict, the ordinance receiving the highest affirmative
vote shall become effective .
___ Yes ___ No
~-Each elector voting at said election and desirous of voting shell indicate
bia/her choice by depressing the appropriatt.-counter of the voting machine or by the
appropriate marking upon paper ballots where used.
$f<;1jon 3 The proper officia18 of the City of Englewood shall give notice of said next
scheduled murucipal election , such notice shall be published in the manner and for the
length of t1me reqwred by law , and the ballots cast at such election shall be canvassed
nd the result ascertai ned, determrned , and ceru.fied s required by law .
~-Only if the quest:on I approved by t.he registered electors of the City of
Englewood shall the Section be amended and the Charter, os emended, certified to the
cret.iry of State.
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~-For purposes of Section 1-11 -203.5, C.R.S., this Ordinance ehall serve to
set the title and content of the ballot issue ■et forth herein and the ballot title for such
q uestion shall be the te11t of the 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 Ordinan.ce.
~-If any 11ection, paragraph, cla use , or other portion of this Orciinance iii for
any reason held to be invalid or unenforceable , the mvalidity or unenforceability shall
not affect any of the r emaining portions of this Ordinance.
Introduced, read 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 as Ordinance No .~ Series of 2001 , on the lOtb day of
August, 2001.
I, l.nucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and for er,oing is a true co~~ the Ordinacce pa on final reading
and publnhed by title as Ordinance o.~ Series of 2001.
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COUNCIL COMMUNICATION
• Date Agrnda ltrm Subject
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July 16, 200 I
I ITIATED BY
Direct9 r of Finance and Admin is tra ti, e Ser.ices
Election Commiss ion/Ci ty Cl rk 's Offi e
10 a V
STAFF SO RCE
Charter Question fo r ove mber
6, 200 1 El ection regarding
Referendum Proce dure
Frank Grygl ewicz, Director of Fina nce and
Administrative Serv ices
loucris hia A . Elli s, C ity Clerk/Election Commission
Mem ber
COUNCIL GOAL A D PREVIOUS COUNCIL ACTIO
Ci ty Coi.:nd l re viewed th is p roposed d Tiendment to the Charte r at th eir April 16, 200 1 Stud y Session . A t
the May 2 1, 2001 Stud Session Council di rected staff to procee d w ith submitting this question to the
,oters.
RECOMMENDED ACTION
Th e City Clerk's O ffice and the Bection Comm ission seek Council appro al of a b ill fo r an ordinance
submitting to a vote of the registered elector! of the City of Englewood, at the next scheduled General
unicipal Election, N ovember 6, ~ 01, proposed amendments to the re ca ll , vaca ncy, in itiative and
referen dum se ctions o f th e Hom.: Rule Cha rt er of the City of Engle wood. Th e am end ments would pe rm i t
sub missi o n of questions to the voters at general state elections, w h ich are curren tly restricted by Charter.
Th ese Chart er restrictions, regarding participati o n in gene ral state elections, w ere established prior to th e
adven t of coo rdinated ele ctions .
dditionall y, a review of Article I , Recall revea led that pa ragr aph six and paragraph nine contain repetitive
la nguage. We have recommended cha nges in paragraph nin '! to clarify that this paragraph w as meant to
efer to an election to fill a acancy.
Fl ANCIAL IMPACT
This actio n w ill not ha e a d ire ct financial impact on the City o f Englewo od.
UST OF ATTACHMENTS
Prop os ed bill for an o rdin ance
\lemo to Director Fra nk Gryglewicz da ted M arch 14, 200 1
M EM OR OUM
TO : Frank Gry lewicz, Dir ctor of Finance and Adrninis1rati e Ser, ices
FROM: Lo ucrishia Ellis, City Clerk
DATE : March 14, 2001
SUBJECT : Prop os ed Charter ch ang es
Al the Election Commission mc'c?tin g. March 1, 2001, the Commission dlscus~ed amending the Charter to
pennit subm is sion of recall , vacancy, initiative and referendum questions to the voters at gene ral state
elections.
This became an iss ue iast summer when a citizen initiated a recall effort. Even though the timing, ould
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ha e allowed the question to be posed to the citizens at a general municipal election, it was an off-ear for
us . The fall election was a genera l state election, and based on Charter res trictions , we would have been
looking at a January special electio n. Both sides of the issue expressed dismay that the issue could not be
resol ed at the November election. There is also the issue of the additional cost of conducting a special •
election .
Charter restrictions regarding participa tion in gen eral state elections were es tablished prior to the advent of
coordinated elections.
The Election Commission re iewed Charter procedures relative to recall , vacancy, initiative and refere nd um
and detennined to propose changes which would allow the submission of recall, vacancy, initiati e and
referendum questions to a general state election.
Article VI. Initiative and Referendum , Section 46 : Submissions con tained co nfusing language . The
Commission feels their recommended change, ould clari the intent of the Charter, which is that petitions
submitl c?d with signa tures of 10% of the preceding gub '1 atorial vote in the City can call for a speci al
election . If the petition is submi tt ed wi th just 5% of the signatures, the question must be submitted at a
general municipal o r general state election. The Commission 's recommenda tion is simply to remove the
word ·any • in Section 46 and add •a general."
dditionallv, a review of Article I , Recall r ealed that par agra ph six and paragraph nine contain repetiti, e
language . We have recommended change~ in parag raph nine to clarify that this paragraph was meant to
refer to n elec tio n o fill a vacancv .
I ha~e attached a cop of th e motion for further clan 1cat1on. Please let me know if you ha ve an\ questions
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Member Lay moved , and Member Redpath seconded , to reco, ,<'• -::nd submitting to a vote of the
registered electors of th e Oty of Englewood, amendments to A .. je IV, RecaU, Section 34 and Art.ide VI ,
Initiative and Refere nd um , Sectio ns 46 and 47 generally as fol ,,'NS:
Article IV. RECALL
34 . Proce dures.
!Paragraph 6J Sho uld a general municipal election, 8f a special municipal election, Qt
general sJale eiectjpg be held with in the 60" to 1 :!0 day after fili ng of the recall petition, the recall election
shall be held in conjunction there\ ith. ~.e1:1lel a geAe1al s1a1 e elee:tieR be llelil u ilRiA lRe 60•~•4ay
• I • •4e-90••-$:1'1'-iilMe!Hl'14HlefM!fal
slate eleeli&Re At such recall election , th question of the poposed recall cf the elected officer sha ll be
su bm itt ed to th e registered electors who \ o uld be en titl ed to vo te for th e successor of the incumben t
sough t to be reca lled .
The ballot upon which such propo sed recall is submitted shall set forth the followin g question :
SHALL (, AME OF PERSO AGA I ST W HO RECALL PETITIO IS FILED) BE RECALLED FROM THE
OFFICE OF (TITLE OF OFFICE )?
Foll owing such qu estion shall be the\ o rd s "Yes " and• o•. In the event that an officer is recalled by a
maj ori vote of those oting on the question, the office shall be dee med vacant and shall be fil led at an
ele ct.ion c alled by Council no t less than sixty (6 0) da ys nor more tha n o ne hundred twenty ( 110) days aft er
the recall election unless within said period of time a general municipal election, a special municip al
election, or a general ~ election is to be held .
!Pa ragraph 9 ] Shou ld a gen eral municipa l election, et-a specia l munici pa l elec tion, Qt
a geperal state ele qjgg be held wi thin the 60" or 120 " day aft er filiRg-el the re call ~ ~ th
election tg till the vacancy shall be hel d in con1unc tion there vith .
Recall elections and electi on s 10 fill a acancy cre ated b a rec all elec tio n shall not be subject to th e
limitation set fo rth in Section 14 o the Home Rul e Charter.
Arti cle VI. INITI ATI VE A D REFE RE , OUM
46: Submissions .
!Paragra ph 1 J It th e p tition ac compan ing th e proposed ordin an ce is sign d by
registe red elec to rs equal in num be r to ten percent ( 1 O"lo) of th e preceding gubernatorial vo te in the ci ,
wi th a request fo r a spec ial election, the Council shall ei ther pass said ordi nan ce w1 thout al tera tions wi hin
th1 dav~ a 1er the peti tion is filed , subject to 1he re erendum, or call a special mun ici pal election, unles s a
gene ral mynjcj ga l electjgg, special municipal election QI ggnernl §latf• ~ i~ 10 occu r within ni net
da S th erea fter . At such ~ general mun ici pal elect1on .~1 ' ,gal e!eniPD 9( geg eral state ~ th e Co un ci l sha ll submit said ordinanc e to a, o te of th e ele torr ~ , rhe Ci . If th e petition is
signed b regis tered electors equal in numb r to at least five percen t (S", ,; the preceding gube•na to rial
vo t in th e city, and is led 1th the Ci Cle rk al least nln ( 0 ) days b l,ro re 3fl'I' iUWlWI mu ,~:cipa l o r
g neral state elecuon, th e Council sh all pass said proposed o rdinance with out alt rations wuhin thirty ( 0 )
ays , or hall submi t same to a , ote of th e electors at th e next gene ral munici pal o r tale election. If th e • petition is not ,led , 1th th e City Cl rk at lea t nin (90 l da~s before the ne I general munrcip:il o r
tat election . 1t shall b null and oid.
47 : Refer endum .
!Paragraph 2! If at any time within thirty (30) days aft r U1e final passage of an
ordinan ce to which the referendum is applfcable a pe tition signed by regist r d el ctors equal in number to
at least ten percent (10%) of the preceding gubematorlal vo te in the City, Is presentecl to the Council
protes ting any ordinance going in to effect. it shall re con id r such ordinance. If th e ordinance Is not •
entirely repealed, Council shall submit it o a vote o f the electors of the City as provided in the Ini tiative and
Section 14 of this Charter, at the next general m un icipal election, 8hlt-a spe cia l mygjdpal election g,i:
general state e!ectjog . Such ordinance shall then go mto effect without further publica tion if a majority of
the electors voting th ereon vote in favo r of it. The Council, on its own motion, shall have the power to
submit any proposed ordinance to a vote of the electors at a general o r special election as provided and
lim ited in this Charter. No p rovision of this Charter sh all be con strued as limiting the right of Council to
re er IOi:iln Y o rdinance subject to referendum . If prov is ions o f two or m ore proposed ordinances adopted
or approved at the same election con fli ct, the ordina nce re ceiving the highes t affirmative vote shall become
effective.
Vote results :
Motion car ri ed .
Ayes :
ays:
Absent:
M embers Redpath, Ellis, Lay
None
1\.1\embers Holmberg, Mulhern
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