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Home My WebLink About1998 Ordinance No. 045.... ; . .. ' • • • ORDINANCE NO. K SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINAJ."\J"CE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD AMENDING SECTION 46 OF THE ENGLEWOOD HOME RULE CHARTER WHICH WOULD CHANGE THE TIME PERIOD FOR SUBMITTING INITIATIVE PETITIONS PRIOR TO AN ELECTION FROM SIXTY DAYS TO NINETY DAYS. WHEREAS , the City Council of the City of Englewood desires to change the time period for submitting initiative petitions prior to an election from sixty days to ninety days in order that the provisions of State law concerning coordinated elections may more easily be met; 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: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 3, 1998, a proposed amendment to the Charter of the City of Englewood , as follows: ARTICLE VI INITIATIVE AND REFERENDUM 46: SUBMISSIONS If the petition accompanying the proposed ordinance is signed by registered electors equal in number to ten percent (10%) of the preceding gubernatorial vote in the city, with a request for a special election, the Council shall either pass said ordinance without alterations within thirty days after the petition is filed, subject to the referendum , or call a special municipal election, unless a general or special municipal election is to occur within ninety days thereafter. At such special or general municipal election the Council shall submit said ordinance to a vote of the electors of the City. If the petition is signed by registered electors equal in number to at least five percent (5%) of the preceding gubernatorial vote in the city, and is filed with the City Clerk at least sixty (60) NINETY (90) days before any municipal or general state election, the Council shall pass said proposed ordinance without alterations within thirty (30) d ays , or shall submit same to a vote of the electors at the next general municipal or state election. If the petition is not filed with the City Clerk at least sixty (60) NINETY (90) days before the next general municipal or state election, it shall be null and void . -1- 10 b iv An initiated ordinance shall be published in the same manner as other ordinances . The ballot upon which such proposed ordinance is submitted shall comply with the requirements set forth in Section 14 of this Charter. If a majority of the electors voting thereon shall vote in favor thereof, the same shall thereupon, without further publication, become an ordinance of the City immediately . Any number of proposed ordinances may be submitted at the same election. The number of special elections shall be limited as provided in Section 14 of this Charter. Section 2. The voting machines , paper ballots or mail ballots for said election shall carry the following designation which shall be the submission clause: Question No. Shall the Home Rule Charter of the City of Englewood Section 46 - SUBMISSIONS of Article VI be amended to change the time period for submitting initiative petitions prior to an election from sixty days to ninety days? ___ Yes No Section 3. 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 marking upon paper ballots where used. Section 4. The proper officials of the City of Englewood shall give 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 . Section 5. Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State . Section 6 . If any section , paragraph, clause , or other portion of this Ordinance is 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 , read in full, and passed on first reading on the 6th day of July, 1998. Published as a Bill for an Ordinance on the 10th day of July, 1998. Read by title and passed on final reading on the 20th day of July, 1998. -2- ... .. . ' . ' • • • '· . ( • • • Published by title as Ordinance No.~ Series of 1998, on the 24th day of July, 1998 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true coy~,9£ the Ordinance pas d on final reading and published by title as Ordinance No.'t'.5_, Series of 199 . -3- . ' • • ' . . Date July 6, 1998 Initiated By COUNCIL COMMUNICATION Agenda Item Subject Charter Question for November 10 a iv 3, 1998 Election Staff Sources Loucrishia A. Ellis, City Clerk/ City Clerk's Office/Election Commission Election Commission Member Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council met with the Englewood Election Commission on June 1, 1998 and discussed the recommendations of the Commission and staff with regard to the proposed Charter amendment. RECOMMENDED ACTION The C ity Clerk's Office and the Election Commission 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 scheduled General Municipal Election , November 3, 1998 , a proposed amendment to the Home Rule Charter of the C ity of Englewood amending the provisions relating to Initiative and Referendum. With the passage of State Legislation relative to the Election laws over the last several years , we find ourselves in the posit ion of working with Charter mandated timeframes that are in conflict with State Statute. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed Council Bill No . 36