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HomeMy WebLinkAbout1999 Ordinance No. 015• • • ORDINANCE NO.~ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council established the current Council District boundaries by the passage of Ordinance No. 6, Series of 1993; and WHEREAS, the Englewood City Council confirmed that Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 1985 was unchanged relating to Council Districts within the City of Englewood, Colorado by the passage of Ordinance No. 7, Series of 1995; and WHEREAS , the Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equalize the Council Districts; and WHEREAS, the Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council District; and WHEREAS, the Colorado Revised Statutes has a population provision, that case law supports, even though the provision is not made specifically applicable to municipalities; and WHEREAS, the C.R.S. provision stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district; and WHEREAS, the proposed reapportionment meets both the population and registered elector criteria as closely as circumstances will permit; and WHEREAS, pursuant to Article III, Section 20, of the Englewood Home Rule Charter, the four Council Districts established shall be contiguous and compact and have approximately the same number of registered voters and every four years Council shall make such divisions , changes and consolidations necessary to carry out the intent of Article III of the Home Rule Charter; and WHEREAS, the proposed re-districting meets the registered elector criteria as, calculated highest to lowest, there is a 10.40% differential; and WHEREAS, pursuant to population requirements established by Colorado Revised Statutes, Constitution of Colorado Article V, Section 46, and case law, the proposed re- districting meets the population criteria as closely as circumstances will permit. (District 1 is 1.63% under, District 2 is 8 .17% over, District 3 is 1.10% under and District 4 is 5.44% under, the ideal district size); and -1- 1 ,oifGJ 10 b vi ' . - WHEREAS, the Englewood Home Rule Charter requires that reapportionment be in • place six months prior to the November 2, 1999 General Municipal Election; and WHEREAS, the Englewood Election Commission is charged with reviewing and recommending reapportionment to City Council; and WHEREAS, the Englewood Election Commission of the City of Englewood has found that a variance in registered voters, in excess of their permissible limits, exists in Districts 1 and 2; and WHEREAS, the Englewood Election Commission reviewed the apportionment on February 22, 1999 and recommends the proposed reapportionment, reflecting the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 1985, to read as follows: 1-5-1: COUNCIL DISTRICTS: A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe. Council District No. 1: Council District No. 2: Council District No. 1 shall include and be comprised of all that portion of the City lying northerly and westerly of the following described line: Beginning at the intersection of the center line of West Hampden Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd Avenue to the intersection at South Downing Str~et; thence northerly along the center line of South Downing Street to the intersection at East Cornell Avenue; thence easterly along the center line of East Cornell Avenue to its intersection with the easterly City Limit line. Council District No. 2 shall include and be comprised of all that portion of the City bounded by the following described line : Beginning at the intersection of the center line of Little Dry Creek and the easterly City limit line of Englewood; thence northwesterly along said center line to the intersection at East Kenyon Avenue; thence westerly along the center line of East Kenyon Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at West Lehigh Avenue; thence westerly -2- • • ... • Council District No. 3: • Council District No. 4: • along the center line of West Lehigh Avenue to its intersection with the westerly City limit line of Englewood; thence northeasterly along said westerly City limit line to its intersection with the center line at West Hampden Avenue; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the center line of South Downing Street to the intersection at East Cornell Avenue; thence easterly along the center line of East Cornell Avenue to its intersection with the easterly City Limit line; thence southerly, easterly, southerly, westerly, and southerly along said City Limit line to the intersection with the center line of Little Dry Creek, said point also being the Point of Beginning. Council District No. 3 shall include and be comprised of all that portion of the City bounded by the following described line: Beginning at the intersection of the center line of Little Dry Creek and the easterly City limit line of Englewood; thence northwesterly along said center line to the intersection at East Kenyon Avenue; thence westerly along the center line of East Kenyon Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at West Lehigh Avenue; thence westerly along the center line of West Lehigh A venue to the intersection with the westerly City limit line of Englewood, thence southwesterly along said westerly City limit line to its intersection with the center line at West Oxford Avenue; thence easterly along said center line of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the center line of West Stanford A venue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue; thence easterly along the center line of East Belleview Avenue to its intersection with the southerly City limit line; thenc e easterly and northerly along said City limit line to the intersection with the center line of Little Dry Creek, said point also being the point of beginning. Council District No. 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line: Beginning at the intersection of the center line of West Oxford Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Oxford Avenue to -3- the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the center line of West Stanford Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue; thence easterly along the center line of East Belleview Avenue to its intersection with the southerly City limit line. B. Equivalent Size. The City Council finds, determines and declares that the four (4) districts, as hereinabove established, contain an approximately similar number of citizens as determined by the 1990 Census figures (District 1 is 1.63% under, District 2 is 8.17% over , District 3 is 1.10% under and District 4 is 5.44% under, the ideal district size). The Districts contain a similar number of registered voters as determined by the number of registered voters at the last General Municipal Election and the variance between the District with the highest number of registered voters and the District with the lowest number of registered voters is not in excess of fifteen percent (15 %). C . Annexations. All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City . Introduced, read in full , and passed on first reading on the 1st day of March, 1999. Published as a Bill for an Ordinance on the 5th day of March, 1999. Read by title and passed on final reading on the 15th day of March, 1999 . Published by title as Ordinance No. !5, Series of 1999, on the 19th day of March, 1999. ~~ Thomas J. Burns, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pas d on final reading and published by title as Ordinance No. ~ Series of 1999. Loucrishia A. Ellis -4- , ... ., .t. • • • • • • M E H 0 R 1 ' D l H TO: Lou Ellis, City Clerk FROM: Harold J. Stitt, Senior Planner DATE: February 22, 1999 RE: 1999 Council District Reapportionment The following is the population analysis you requested as part of your review for the 1999 Council District reapportionment. The tables below illustrate the current Council District population and registered voter totals and the proposed reapportionment. The proposed reapportionment reflects the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2. Current Council Districts District Population Population Registered Voters Registered Voter (1990 Census) Variance (November 1997) Variance (15% - (+/-5%) highest to lowest) 1 7,778 f+-5.8 7% 5,051 23 .92 % 2 7 ,3 96 +0.67% 3,843 ,, 7,266 1.10% 4 ,450 ~ 4 6 ,947 5.44% 4 ,700 Total ~9,387 /18 ,044 Proposed Council Districts District Population Population Registered Voters Registered Voter (1990 Census) Variance (November 1997) Variance (15% - (+/-5%) highest to lowest) 1 7 ,227 i-1.63 % ~,683 10.40% 2 7 ,947 r+-8.17% 4,211 ,, 17 ,266 ,_ 1.10 % 4,450 ~ 4 6 ,947 .. 5.44% 4,700 Total t29,387 /18 ,044 The process of reapportionment in Englewood is problematical because of the need to meet City Charter requirements as well as State Statute requirements. The City Charter requires that the • difference in the number of registered voters is not to be greater than 15 % between the district with the highest number of registered voters and the district with the lowest number of registered voters. On the other hand, the State Statutes require that the difference in population between districts be within a+/-5% range of the ideal district size. The ideal district size is simply the City population divided by the number of districts. The proposed reapportionment is not an ideal solution. However, given the difficult task of balancing registered voter totals against population, it provides a reasonable solution. Also complicating the process is our reliance on the ten years old 1990 Census figures. The City 's current population is estimated to be approximately 32 ,000 . Unfortunately , this estimate is not broken down to the block level. This leaves us with the 1990 Census as the only source of detailed population data. Using the 1990 data however, effectively under-represents the population by as many as 3,000 residents. Without the resources to do our own census and with the 2000 Census just a year away, the most reasonable approach is to adjust the Council Districts onl y as much as necessary to bring them into compliance with the City Charter and State Statutes. An y major reapportionment should be postponed until the 2000 Census figures are available . • • • COUNCIL COMMUNICATION Date Agenda Item Subject Reapportionment of City March 1 , 1999 11 a i Council Districts Initiated By Staff Source Frank Gryglewicz , Director of Financial Services City Clerk's Office/Election Commission Loucrishia A. Ellis, City Clerk/ Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 6, Series of 1993 , adopted by Council on February 1, 1993, established the current District boundaries. Ordinance No. 7 , Series of 1995 , adopted by Council on March 20, 1995, confirmed that the Council Districts remained unchanged. RECOMMENDED ACTION The Englewood City Charter requ ires that the number of registered voters be reviewed every four • years in an effort to equalize the Council Districts. • The Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council District. The Colorado Revised Statutes has a population provision , that case law supports , even though the provision is not made specifically applicable to municipalities . The provisions stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district. The Election Commission is charged with reviewing and recommending reapportionment to City Counci l. The Charter requires that reapportionment be in place six months prior to the November 2, 1999 General Municipal Election. The Election Commission recommends the following proposed reapportionment, which reflects the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2. Proposed Council Districts District Population Population Registered Voters Registered Voter (1990 Census) Variance (November 1997) Variance (15% - (+/-5%) highest to lowest) 1 7 ,227 -1 .63 % 4,683 2 7 ,947 +8.17% 4,211 3 7,266 -1.10% 4,450 10.40% 4 6 ,947 -5.44% 4 ,700 Total 29 ,387 18 ,044 ' • • • The proposed reapport ionment meets both the pop ulation and registered elector criteria as closely as circumstances will permit. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Memorandum dated February 22 , 1999 from Senior Planner Harold Stitt. Proposed bill for an ordinance I j'.J JU '1 -· Arapahoe County 1998 Election Precinct Map ............. '!"'9"--------------------.... --------------------------.;.;..;.;;.;J;;:...------------------------------.. ...... I - (. [IJ tlS A\- !:. WA RE l (.Ill [W(lfAE.