HomeMy WebLinkAbout2001 Ordinance No. 040'·
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ORDI NANCE NO .~
SERIE S OF 2001
BY AUTHORITY
COUN CIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER GARRE'J"I'
AN ORDINANCE SUBMl'M'ING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICrPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTIO 41 , OF THE
E GLEWOOD HOME RULE CHAPTER.
WHEREAS . the City Council of the City of Englewood desires to amen.d Emergency
Ordinances section of the Home Rule Charter: and
WHEREAS. this bill for an ordinance submits to the registered voters in lh.e City of
Englewood a ballot question making changes to the City Charter re,;a ~ding emergency
ordinances; and
WHEREAS , currently, Article V, Section 41 of the Charter does not allow the City to
pass an emergency ordinance to inc:,·t indebtedness: and
WHEREAS , City staff brought this issue forward after conferring with the City's
bond attorney and financial advisor; and
WHEREAS , aa it stands now, when the City isaues bonds the period of time
between tile awarding of the bid a nd the actual receipt of the bonds to bidder requires
first and second readings plus the 30-day referendum period : and
WHEREAS, during this relatively long period of time interest rates can change
significantly, which may limit the number of bidders on the City's debt; and
WHEREAS. aome potential bidders may decide not to bid on Englewood debt
because of the uncertainty of not beinr able to market the securities for a long period of
time; and
WHEREAS , fe wer bidders may deter bidll that could reduce the interest the City
pays on its obli tions ; and
WHER , he citizens of Englewood still maintain their right to vote on debt
issues, except for the indebtedness of the enterprise funds (e .g. Golf Course, Water,
Sewer, etc.) which are repBld with user fee11 not t.axea : and
WHEREAS, the Englewood City Counctl finds that 1uch modification of the
Englewood Home Rule Charter would serva the public welfare ;
NOW . THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF
E, GLEWOOD , COLORADO . THAT :
$ec;tion 1. There is hereby submitted to the regiatereJ electors of the City of
Englewood at the next sc heduled munici pal election on ove mb e r 6, 2001 a propo ed
amendment to I.he Charter of the City of Engl wood , as foUow e:
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10 b vii
41 : Emerfen,~y ordinances.
Question Np
ARTICLEV
ORDINANCES
Emergency ordinances necessary for the immediate preservation of public
pro1ierty, health. peace , or safety may be introduced, read and unanimoualy
approved b~ a quorum present, at any meeting of the Cowicil. The facts showing
such urgency and need shall be specifically stated in the ordinance. No ordinance
l'hall rece ive final passage on the same date it is introduced; however, emergency
,;, tlinances may receive final passage by Council on the following day. Emergency
ordinances shall take effect immediately upon final pas sage end shall be pu blish ed
within seven days thereof. No ordinance making a granl. of any special privilege,
levying taxes, incurring indebtednese, authorizing borrowing money or fixing rates
charged by sny city owned utility shall ever be passed as an emergency measure
un!e88 the indebtedneSf or th borrowing of mon ey has w:eived prior voter
approval, or the indebtedneSf does not require yoter approval undex Artic)e X
Section 20 /TABOR\ of the State Constitution
___ Yes No
~-Each elector voting at said election and desirous of voting shall indicate
b.is/her choice by depreasing the appropriate counter of the voting maclune or by the
appropriate marking upon paper ballots where uaed.
Section 3 The proper officials of the City of Englewood shall pve notice of said next
scheduled municipal election , such notice shall be published in the manner and for the
length of time required by law, and the ballots cast at such election shall be canvassed
and the result ascertained, determined , and certified as required by law.
Se.ction..i . Only if the question is approved by the registered electcre of the ity of
Englewood ahsll the Section be amended and the Charter, as amend ed, certified to the
Seaeta.ry of State.
~-For purpoees of Section 1-11-203.5, C.R.S., this Ordinance ahall serve to
ae t the title and content of the bsllot iaaue set forth herein and the ballot title for such
question shell be the text of the question itself. Any petition to contest the form or
conte nt of the ballot title ma y be filed with the Dll!trict Court nd a copy serv d on the
City Clerk within five days after the title of the ballot question is set by the City
Co uncil on final reading of this Ordinance.
~-If any section, paragraph, clause, or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invaliclity or unenforceability shall
not are ct any of the remaining portio111 of this Ordinance .
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Introduced, rea d in full, and paaaed on first reading on the 16th day of July, 2001.
Publiahed u a Bill fo r an Ordinance on the 20th day of July, 2001 .
Read by title and paaaed on firuiJ reading on the 6th day of August, 2001.
Pubmhed by title u Ordinance No .~ Series of 2001 , on the 10th day of
August, 2001.
I . Loucriehia A. Elli a, City Clerk of the City of Englewood, Col
that the above and foregoing ia a true cop;yAif the Ordinance p
and published by title aa Ordinance No . m, Series o 2001
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COU CIL COMMUNICATIO
Date Agenda llem Subject
Bill for an ordinance submitting to
lu lv 16, 1001 10 a \ii the registered electors of the City
of Engl ewood a proposed
ame ndment to Article V, Section
41 of the Charter of the City or
Englewood .
Initiated R Staff Source
Departmenl oi Finance and Adm inis trativ e Se rvices I Frank Gryglewic.z. Director
COU Cll COAL ND PREVIO S COU CIL ACTIO
e Council has discussed these iss ue s at a number of stud sessions, including one held May 11 , 1001
where Counci l directed staff to proceed with submitting this question to the vo ter s.
RECOMME OED ACTIO
Staff re commends Council apprO\ e the attached bill for an ordinance .
BACKGROU D, A ALYSIS, ANO lTER ATTVES IDENTIFIED
ts bill for an ordinance submits to the regist ered vo ters in the City of Englewood a ballot question making
anges to the City Charter regard ing emergency ordinances. Cu rrently, Article V, Section 41 of the
Charter does not allow the City to pas s an emergency ordinance to incur indebtedness.
Ci staff br ough t this issue for. ard after conferring with the City's bond attorney and financial advisor. As
11 stands now, when the City issue1 bonds the period o time between the awarding of the bid and the
actual re cei pt of the bonds to bidde requires firs t and second readings plus the 30-day referendum period.
Du ring this re latively long period o · time interest rates can cha nge significantly, which may limi t the number
oi bidders on the City's debL Some potential bidders ma decide not to bid on Englewood debt because
o · the ur rtamty c: not being able o market the securities for a long period of time . Fewer bidders may
ete r bids thal coul o redu ce the inte rest the Citv pavs on its obligations.
n e Citizens of En glewood still ma • tain their right to vo te on deb t issues, except for the indebte dness oi
e enterprise unds (e.g. Gol f Co u~ . Water , Sewer , et c.)., h1ch are repaid wi th user fee s not taxes .
FINANCIAL IMPACT
r11s a 10n I ill no t have a direct 'nancf al im pa cl on the Oty of Englewood .
UST OF TTACHME TS
• P o posed bill for an ordinance