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HomeMy WebLinkAbout1992 Ordinance No. 044ORDINANCE NO . !l:i SERIES OF 1992 BY AUTHORIT Y COUNCIL BILL NO . 39 INTRODUCED BY COUNCIL MEMBER GULLEY AN ORDINANCE AMEN DI NG TITLE 2, CHAPl'ER 3, SECTION l ; TITLE TWO, CHAPl'ER 5, SECTION 1, AN D TITLE 3, CHAPTER 5 , SECTION 7, IN ORDER FOR THE ENGLEWOOD ;\II.JNICIPAL CO DE 1985 TO CORRESPOND WITH THE ENGLEWOOD CHA RT ER. WHEREAS , in the regular municipal election of 1979, the electorate approved an amendment to the Englewood Home Rule Charter, Sect.ion No. 56, deleting the requirement th a t two mem bers of Council serve on the Planning and Zoning Commi ssion and by amending Title 2 , Chapter 5, Section 1, of E.M.C. 1985, to make the Code co nsistent with the Charter ; and 10 ll WHEREAS, in the regular municipal election of 1991 , the electorate approved an am endment to the Enelewood Home Rule Charter changing qualified, taxpaying electors to qualified electors and by amending Title 2, Chapter 3, Section 1 ofE.M . .::. 1985, lo make the Code consistent with the Charter; and WHEREAS, in the regular municipal elect.ion of 1991, the electorate approved an am endment lo the Enelewood Home Rule Charter changing the term qualified electors to registered elector1 and by amending Title 3, Chapter 5, Sect.ion 7, of E .M.C . 1985, to make the Co de consistent with the Charter; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: ~-In the 1979 regula r municipal elect.ion the electorate approved an amendm ent to th e Engl ewood Home Rule Charter, Section No. 56, deletine the requirement that two members of Council serve on the Planning an d Zoni ng Commission : therefore, Title 2, Chapter 5, Section 1, of the Englewood Municipal Code 1985, is hereby amended to re0 ect the elec torates wishes and shall read as foll ow s: 2-5-1: COMMISSION ESTABLISHED : The re is hereby established a City Pl anning and Zoning Com mission consisting of nine (9) members, appointed by the City Council,~ of-wh<,m WHO shall be citizen s-at-large with ov erlapping four (4) year terms., and••• ~2) of whom ,hall be i11con1b ent Gettrtettmen . Th e Ci ty Manager shall appoint an administrative offic er to be an ex offi cio, nonvotinr member of the Com missio n. Citizen-at-large members shall be qualified~ elecl<lrs, residents of th e City at least one year imm ediately prior l<l the date of their appointmen ·., and shall h old no paid office or po si tio n in the City adm inistration . On e citize n-at-l arge membe r sh nll be appointed t.o serve until February l , 19 7 1; two (2) citiz en -at-large members to serve until February 1, 1973 ; and two (2) citizen-at- lnrge members to se n •e until February I. 19 74 . Thereon.er, citizen -at-large members of said City Pl a nning and Zoning Commissi on sh all be appoi nted for four (4 ) year terms. GeuAfifmen mem bers ,hell ,er, e during their tenure a, Ge ttn cilrnen . All members of the City Pl anning and Zo ning Commission shall be subjec t to removal by the appo inting auth ority. The appoi nting auth ority shall make appoi ntm ents to fill vacanci es for the unexpired term s ~-In the 1991 regulnr municipal election the electorate approve d an amendment lo th e Englew ood Hom e Rul e Charter and th e Englewood Municipal Code 1985 , which ch ang ed qualified, taxpaying elec t.ors to qualified elec tors; th erefo re Title 2, Chapter 3, Section 1, is here by amended t.o reflect the elect.orates wis h es and shell r ea d os follow s: 2-3-1: BOARD ESTAB LI S HED : Th ere is her eby establi shed a Water and Sewer Board co nsisting of th e Ma}or of t he City, two (2) Gou•eilmen COUNCIL MEMBERS selected by th e City Co un cil and six (6) members appointed by the Council from qualified, ta.po,ing electors, serving six (6) overlapping terms of six (6) years . A represe ntative from the City adm ini s tration shall be appointed by the City Manager to serve as an ex officio, nonvoting member. One member of the Board shall be appointed by the Council t.o serve until February I , 1960 ; two (2) members of the Board shall be appointed by the Council t.o serve until February I, 1964 . Thereafter, members of the said Board shall be appointed by the Council for terms of six (6) yeen. Council members on said Board shall serve during their tenure as such Gounei lmen COUNCIL MEMBER. All members of the Waler and Sewer Board shall be subject t o removal by the Council. The Council shall make appointments t.o fill vacancies for the expired term s. ~-In the 19 9 1 regular municipal election the elec l.r its a pproved an amendment t.o the Englewood Home Rule Charter and the Englewood Mw ,;<i pal Code 1985, which changed qualified elect.orate t.o registered elect.orate; therefore Tille 3, Chapter 5, Section 7 G, is hereby amended to reflect the electorates wish es and shall read as follow s: 3-5-7: G. With in Utirty (30) calendar days after receipt of this notice of dissatisfaction , the City Council ahall call a apecia) Municipal election by ordinance or resolution , submitting the matter to a vole aft~ REGISTERED electorate of the City. The final offers of the City and certified employee organization and the Board's recommendations on the issue(s) contained in a notice of dissatisfaction shall be submitted as alternative si ngle mea ,ll..-, to a vote of<iualmed REGISTERED elect.ors of the City. Th~ REGISTERED electors shall elect either the position of the City , the position of the certified em ployee organization, or the Board's recomm endation. The po sition or rec@mm endation receiving the hiehest number of voles ahall be deemed approved . Said election shall be held consiste nt with the provisions of Article 11 , Section 14 of the City Charter. Introduced, read in full, and passed on first r eading on the 19th day of October, 1992. Published a s a Bill for an Ordinance on th e 22nd day of October, 1992 . Read by title and passed on final reading on the 2nd day of Novemb er, 1992. Published by title ss Ordinance No .W, Series of 1992, on the 5th day of November, 1992. At:fEST: _,,.,_~• J ' I; ✓:dt.JiJ£~.L,_ -___ 1....::f..i:-:t..{ Patricia H. Crow , CiLy Clerk 1, Palricia H . Crow, City Clerk of th e City of Englew oo d, Colo rado, hereby certify that th e above and fo regoi ng is a \'7:'Y copy of the Ordi nonc e passed on final reeding and published oy titl e as Ord inance No .'1.::f.., Series of 1992 . ~.~~~- Pt1tnc1e H. Crow -2 - ( . Date October 19 , 1992 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item 11 C Subject Amendments to the Englewood Municipal Code Department of Financial Services /City Clerk DMslon LoucrlshJa Ellis, Deputy City Cler)c ISSUE/ACTION PROPOSBD Staff seeks Council approval of amendments to sections of the Englewood Municipal Code to make the language consistent with the language of the Home Rule Charter. PREVIOUS COUNCIL ACTION None. BACKGROUND As a r esult of the !t ,,~nlclpal elections during the period of 1979 to 1991 , there were a number of wording changes approved for the Hv ... ~ Rule Charter. In 1979. the electorate voted to ellmlnate the requ ' ·ement that two members of City Council serve as members of the Planning and Zoning Conunlsslon. In 1991. the electorate voted for several changes to the Charter co n cerning qualifications of voters and qua!Jfl catlons of appointees by Council to various boards and commJsslon s. In each instance . the Home Ru.l e Charter was amended . 1 ut no concurrent changes were ma de to the Engl ewood Muni cipal Co d e . STAFF ANALYSIS To assure U1a t U1 e language of U1 e Englewood MunJ cipal Cod e Is co nsistent wlti1 U1 e am ended Hom e Ru.l e Charter . U1 e Englewood MunJ cipal Co de h as bee n che ck ed for in co nsis ten c ies brou 5h t .1bo u t by these C'hanges. Three sections of the Code were ldentl.Oed as being Inconsistent with the Cl1arter : Section 2 -3-1 Sec tion 2 -5 -1 Section 3-5-7 FINANCIAL Water and Sewer Board Deletion of the word "taxpaying." Changes \\1th regard to temllnology "council member(s)." Planning and Zoning Commission Deletion of the requirement tint two m embers of Counc!'. serve as members . Deletion of tl1e word "taxpaying." Impasse Resolution Subsection O to be amended to read "registered" tnstead of "qualified" electors. Th1.,se amendments to tl1e Englewood Municipal Code will not have any financial Impact on tile City .