HomeMy WebLinkAbout1995 Ordinance No. 037•
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ORDINANCE .•o .;!l
SERJES OF 1995
BY AUTHOf<ITY
C0i 'NCJL BILL NO. 39
IN', f\lJflUCED BY COUNCIL
ME 7'.IB ER HATHAWAY
AN ORDINANCE SUBMITTING TO A VOT E OF THE RE Gi STERED ELECTORS
OF THE CITY OF ENGLEWOOD AT THE NEXT SCHE D! ,( ED GENERAL
MUNICIPAL ELECTION PROPOSED AMENDMENTS TCJ 'l'HE CHARTER OF
THE CITY OF ENGLEWOOD , COLORADO REGARfl!NG l"INANCE
ADMINISTRATION.
WHEREAS. this bill for an ordina nce would submit w :he registered vo ter, of th e
City of Englewood J Mend ments to th e City of E.igl ev:,,~ C'harter : and
WHEREAS , Artlrl V, Section 41 , of th e Ci ty of l'nglewood Home Rule Charter
specifi cally proh ibits e me rgency ordinances from incu rring indebtedness or
authorizing the bo rro,..·~ng of money ; and
WHEREAS, the Charter would be changed so emergency ordina nces a re sot s ubj ect to referendum; and
WHERE.-\S, Cha rte r amendm ents will allow Co uncil th e option of usin r
e mergency ord inances to inc ur indebtedn ess or nuthorize debt without beit .g subject
to th e refe rendum pe ri od; and
WHEREAS , an e mergency ordinance fo r th ese pu rposes wou ld shorten the ti me
inves tCl rs mu st wait to receive bond!-issued by the City; and
WH.::R~AS . the Io n~ ,:~~i Pd between final approval and issua nce subjects the
"estor to ma rkel ri!:~ .. w~ich may ke ep so me inveslors from bi ddin g on the City's debt: and
WHEREAS, with a sh("rter time pe riod , more investors may s how interesl in purchasi ng the Ci ty's debt ; and
WHEHEAS . this woula increase th e competi ti C>'l fo r purc ha se and po ss ibly lower the cosl of debl issuance; end
WHE REAS . Art icle X. Part IV, Sections 11 3 nnd 116 of the Englewood Home Rul e
Charte r defin e the a mou nls for which th e sea led bidding process mu st be un dert.nken : a nd
WHEREAS, rticle X, Part IV, Sectio n 113 requi res a sen led bid fo r purchases of
s u pp lies, materia ls, or eq uipment fo r a mou n ts ofSl 0,000 or ~,o re; and
WH EREAS, ..\mcle X, Pan IV, Sec tion ll6 requi res n sea led bid for capi tal
imp rove ments for amounts ofS20 ,000 or more (exce pt wo rk pe rform ed by thi:: City
using City employeesJ: and
10 b Ii
WHEREAS, inflationary pressures on the prices of supplies, mat -::rials, equipment
and capital improvements make it approp ri ate to adjust the limits for supplies,
materials and equ.i pm e nt; and
WHEREAS, the bid process may h inder th e City 's attempts to mak e timely
purchas ing decision and the City may mi ss attractive purchase op portunities if
product availability is limi ted;
NOW THEREFORE BE IT ORDAI NED BY THE CITY COUNC IL OF THE C ITY OF
ENGLEWOOD , COLORADO, THAT :
Se.wlln.l , There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled general municipal electior. proposed amendments to
the Charter of the City of Engl ewood , Artic le V, Section 41; Article VI, Section 47 a nd
Article X, Part IV, Section 113 and 116.
If Question No._, is approved by the re gis tered e lectors, upon ce rtifi cation thereof to
the office of the Secretary of State of th e State of Colorado, purs uant to Section 9 , Article
XX , of the Colorado Const itution and Sectio n 3 1-2 -210 Colorado Revised Stat utes,
Articl e V, Article VI and Articl e X of th e Home Rul e Charter or the City of En glewood
shall be ame nded as follow s:
41 :
ARTJCLE V
ORDINANCES
EMERGENCY ORD 11',ANCES
Emergency ordinances necessary fo r th e immediate preservation of public
prop e rt y, heal th , pe nc e. or safety may be introduced, read an d unanimously approved
by a quorum present, at any mee tin g of th e Council. The fact s s howing such urgency
and need sh all be specifically stated in the ordinance . No ordinance shall receive
final passage on th e sam e dat e it is introduced; how eve r, e mergency ordinances may
receive final passage by Counci! on t he follo wing day. Emergency ordinances sha ll
take effect immediately upon final passage and sha ll be pu blished within seven days
the reof. 'o ordi nance making a grant of a ny special privilege, levying taxes,
iHe urriAg i A8eht:e6H ess , au~ho ri tiHg Borre , ir.g me He) i.. .. fixing rates charged by
any city own ed utility shall ever be pa ssed as a n emerge ncy measure. (Am ended 1 l•
2-65 )
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47 :
ARTICLE VI
INITIATIVE AND REFERENDUM
RE fEREND UM
The referendum shall apply to r.1 1 ordin a nc es passed by Co unc il, exce pt ordin Jnces
makin g the tax levy, the a nnual ap propriation ordinance, EME RGENCY
ORDINANCES, or the orde ring of im prove ments in itiated by petition and to be paid
for in whole or part by s pecial assessmen ts.
If at any time within thirty (30) days after the final passage of a n ordina ,.ce to
whi ch the refe rendum is applicable a petition signed by registered electors equal in
number to at least ten perce nt (10%) of the preceding gubernator ial vote in th e City, is
presented to the Couacil protes ting any ordin a nce goi ng into e ffect, it shall
re::o n sid er such crdinance, If the ordinance is not e ntirely repealed, Council sh all
submit it to a vote of l h e e lecto rs of th e City as provided in th e Initiative and Sect io n 14
of thi s Charte r, at the next gen eral municipa l election or at a special election. Such
ordinance shall then go into effect without further publication if a majority of the
electo rs votin g thereon vote in favor of it. Th e Counci l, on its own moti on, sl,o ll have
th e powe r to submit any proposed ordinance to a vote of t h e e lectors at a general or
special election as provided and li m ited in this Charter. No provision of thi s Ch 1rter
sh a ll be co n strued as limiting the right of Council to re fer to a ny Ordin a nce subject to
r efe re ndum . If provisions of two or more propo sed ordinances adopted or approved at
the same e lection co nflict, th l' ordinancP receiving the hi ghest affi rmative vo t e sh all
become effectiv e. , <\me nded ll -2-65: 11-5-91)
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ARTICLEX
FINANCE AD~lINISTRATION
PART IV. P u RC HASES Al'iD SA LES
COMc'ITtTNE BIDDING
Befo re th e pu rchasing offic e r makes any purch ase of su ppli es, mater ials or
equi pm en t , in excess of~ S25,000.00 , he sha ll give ample oppo rtunity for
sealed com petit ive biddi ng, ,i.,.i th such gen eral excepti on~ as the Cou ncil may
presc ribe by ord inance. CC'l un ci l s ha ll not exe mpt any individual co n t ract, purchase
or sale from the require mC!nt of compe titive bidding. No office r, appoin tee or
e mpl oyee of the Ci ty ~hr,ll be flnan L;ally interestec>, d irectly or indirectly. in the sale
of a ny land, ma terials. supplies, or se rv1 t1::;i !".' t~.<! City, except in case of purchases
su bmitted t o co mpetitive bidding or not exceed ing an aggregate ofSI00.00 in a ny one
year . Th e lowest a,.J best bid sha ll be accepted or all bids wi ll be rejected. If the
low est bid is not accepted ilS bemg the best. such reject ion mus t be ap proved by '),,
Co uncil Provisions in this ec t io n shall not apply t o professio na l or techni.:o i
services, or services of regulated public utilities. All invitations to bid sh all requi re
bidde rs to meet the req u ire ments of St.ate Stat11tes regard ing preferenc e of State
products. (Amended 3-24-81, I 1-3-Bi J
116: CAPrrAL IMPROVEMENTS
Bid s in excess of~ $50,000.00 except work perfonned directly by the City
using City employees, shall be cont.racted fo r as follows:
(n ) The purchasing offi cer shall, on the basis of specifications properly
submitted and approved , adve rti se for a nd rec eive sealed bids for the
public work or improvement and on clC\sing of bidding shall open bids,
tabulate same and present the results with recommendations to the C:ty
Manage r .
(b) Cou ncil shall have fin al approva l of the lor •est and best bid or a ll bids
must be rejected. Wh en no satisfactory bids are received or fo r other
reasons deemed expedient to Council , contracts for public works or
im prove ments may be nego tiated, provided that contracts for whi ch no
competitive bids have been requested sha ll be invalid unless accepted by
reso lu tion which shall dec lare Lhe reason for exception to the competitive
bidding requiremen L (Amended 3-24-81, 11-3-87 )
~ Ballots for said el ection shall carry th e following designation which
shall be the submission clause:
QHESTION NO .
Shall the Hom e Rul e Charter of the City of Engl ewood Section 41 .
Emergency Ordinances of Article V: Section .;-• Referendum of Article
VJ ; Section 113 • Competitive Bidding and Section 116 -Capital
Improvements of Article X be amended t o all ow a change in the effective
date fo r revenue bonds and to increase purchasing limits v.ithout the
requi reme nt of bidd;ng ?
YES NO
~-Each e lector voting at the election and desirous of voti ng fo r or against
the a m endment. shall indicate the elector's choice by depressi ng th e a ppropriate
counter of the voti ng machin e which indica tes the wo rd "YES" or the word "NO," or
by app ropriate marking upcn pape r ballots wh e n u sed.
~-The proper officials of the City of Englewood shall give notice of said
general municipal election, such notice shall be publi shed in the manner and fo r t h e
length of Lime required by law , and th e ballots cast at such electio n shall be canvas sed
and the result ascertained, detennined, and certified as requi red by law.
~. lf any sectio n, paragraph , clause, or other porLion of Lhi s ordinance is for
a ny reason held lo be invalid or unenforceable. the invalidity or unenforceabilily
shall noL aff'ect a ny of the remaining portion s of this ordi na nce .
Introduced, read in fu ll, nnd pa ssed on first readi ng on the l ith dn y of July, 1995 .
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Published as a Bill for nn Ordina nc e on the 20th day of July, 1995.
Read by title and passed on fin a l reading on the 7th day of Augu st, 1995 .
Published by tit le as Ordinance NoJ_l , Series of 1995, on the 10th day of August, 1995.
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Lou cri shia A. Elli s, City Cl erk
(~4'A . omasJ.un( May or
I, Lou c ris h ia A. Ell is , City C lerk of th e Ci ty of Englewood , Co lorado , h ereby
certify tha · the abo ve nnd for ego ing is a tru e co p){p.f the Ordin anc e pa ssed on fina l
,.,,;., '"' ,,s;,o,o •• ,w,., o";" m,. N,P_,c~~ t{ Jlt
l,~u•:ri shia A. Ell is
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COUNCIL COMMUNICATION
Date Agenda Item Subject
July 17 , 1995 Proposed Bill For An
Ordinance Regarding
11 a i i i Subm ission To A Vote Of The
Registered Electors Of The
City Of Englewood Regardi ng
Proposed Charter
Amendments .
Initiated By I Staff Source
Deoartment of Financial Services Frank Grvalewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This bill for an ord inance would submit to the reg istered voters to the City of Englewood
amendments to the City of Englewood Charter. The registered voters of Englewood last made
ch anges to Article V , Section 41 on November 2, 1965. The reg istered voters of Englewood
approved ch anges to Art icle V, Secti on 47 on Nov em ber 2, 1965 and November 5, 1991 .
The City Council approved Or::l inance numbe r 4, Series 1981 and Ord ina nce 42 Series , 1987
allowing a vote of the registered electors of Englewood amending the requ irements for sealed
bids for supplies , material or equipment (Article IV , Section 111) in 1981 and 1987
respectively . Ordinance 5. Series of 1981 and Ord ina nce 43 , Seri ..is of 1987 were approved
by Council to allow a vote of the City's electors to ma ke changes to Article IV Section 116 in
1981 and 1987 respectively.
The City Council discussed this is at the June 19 , 1995 Study Session .
RECOMMENDED ACTION
Staff recommen ds Co uncil approve the attached bill for an ord inan ce submi tting to a vo te of
the reg istered voters amendments to the City of Englewood Charter.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently , Article V , Section 41 specifically pro hibits emergency ord inance s from incurring
• indeb tedn ess or auth orizing borro wing money . Also , the charter would be changed so
emergency ordinances are not subjec', to referendum . These Charter amendments will allow ••
Council the option of using emergency ordinances to incur inde btedness or authorize debt
without be ing subject to the referendum period. This could be financially beneficial to the City
and its citizens. An emergency ordinance for th is purpose would shorten the time investors
must wait to rece ive bonds issued by the City . The long period between final approval and
issuance subjects the investor to market risk, wh ich may keep some investors from bidding on
the City's debt. With a shorter time period , more investors may show interest in purchasing
the City's debt. This would increase the compet ition for purchase , poss ibly lowering the cost
of debt iss uance.
Currently, Article IV, Sections 113 and 116 define the amounts for which the sealed bidding
proces s must be undertaken. S;ction 113 sets the amount at $10,000 for purchases of
supplies , materials , or equipment. Section 116 sets the amount at $20,000 for capital
improvements (except work performed by the City us ing City employees). These Charter
li mits were amended March 24 , 1981 and November 3 , 1987 . Due to inflationary pressures
on the prices of supplies , materials, equ ipment , and capital improvements , staff feels it is
app ropriate to adjust the limits to $25 ,000 for supp li es , ma teri a ls , equipme nt.
The ma in reasons for raising the limits to $25 ,000 for sup p lies , materials , and equ ipment is
th e price of autos is increasing to the po int that soon every vehicle will need Council approval.
City Cc mcil and staff will soon spend more time researching and approving bids instead of
more important City tasks . The bid process may hinder the City 's attempts to make timely
purchasing decisions and lose out on attractive purchase opportunit ies if product availability is •
li mited . Capital equipment would requ ire sealed bids only for purchases in excess of $50 ,000 .
Staff be lieves this will streamline the purchasing process .
FINANCIAL IMPACT
No immed iate financial impact should be felt by the City .
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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