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HomeMy WebLinkAbout2023 Ordinance No. 0361 ORDINANCE NO. 36 COUNCIL BILL NO. 31 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE CALLING A MUNICIPAL ELECTION FOR NOVEMBER 7, 2023, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors by City Council on its own initiative at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the city council may, on its own initiative, submit any charter amendment at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters; WHEREAS, pursuant to § 31-2-210(1)(b), C.R.S., proceedings to amend a home rule charter may be initiated by an ordinance adopted by the governing body submitting the proposed amendments to a vote of the registered electors of the municipality and such ordinance shall also adopt ballot titles for the proposed amendments; WHEREAS, pursuant to §§ 1-5-401 and 1-7-116, C.R.S., if more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the elections shall be coordinated by the county clerk and recorder as the coordinated election official; WHEREAS, the City must take formal action to participate in an election that will be coordinated by the county clerk and recorder and must notify the county clerk and recorder in writing of such decision; and WHEREAS, the November 7, 2023 state general election will be held more than 30 days after the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council will hold its general municipal election to be coordinated with Arapahoe County on Tuesday, November 7, 2023. DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 2 Section 2. At the general municipal election to be held on Tuesday, November 7, 2023, ballot questions regarding proposed amendments to the Charter shall be submitted to the registered electors of the City. Section 3. The following ballot titles and ballot questions are hereby set: Question 1. To ensure consistency with TABOR and other provisions of the Charter, shall the City of Englewood Home Rule Charter be amended to exclude voter-approved taxes from right to challenge ordinances through referendum with new language shown in bold underline and deleted language shown in strikethrough? Section 78 Council may levy such taxes and excises as may be necessary to obtain revenue for the operation of the City subject to Article X Section 20 of the Colorado Constitution, subject to the right of referendum as in this Charter provided. Question 2. Shall the restrictions on timing and topics for special elections in Sections 14(2) and (3) of the City of Englewood Home Rule Charter, be repealed to allow the City to conduct special elections with more flexibility and responsiveness to citizens seeking voter action through initiative and referendum and to conform with TABOR concerning questions for approval of general obligation bonds and shall Sections 6, 34, 48, and 77 of the City of Englewood Home Rule Charter be amended to conform with the repeal of Sections 14(2) and (3)? Question 3. Shall Section 34 of the City of Englewood Home Rule Charter be amended to require one election for recalls, allowing for the question whether an elected officer should be recalled and the election of new elected officers to be considered at the same election and to remove the requirement that circulators for nomination petitions be residents of the City of Englewood to comply with state and federal law, with new language shown in bold underline and deleted language shown in strikethrough? Section 34 (only portion of) Persons, who are at least 18 years of age, may circulate the authorized petition. The authorized petition may be circulated and signed by registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled. The recall petition shall be filed with the requisite information and signatures with the City Clerk within sixty (60) days after authorization by the City Clerk. Failure to file a petition within this period shall render the recall petition null and void. If said petition is filed within the time specified and is proper in all respects, the Council shall set a date for a recall election to be held not less than sixty (60) days nor more than one hundred twenty (120) days after filing of the recall petition unless within said period of time one hundred and eighty (180) DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 3 days a general municipal election, a special municipal election or a general state election is to be held, then the recall election shall be held as part of said general municipal election, a special municipal election or a general state election. In the event that an officer is recalled by a majority vote of those voting on the question, the office shall be deemed vacant and shall be filled at an election called by Council not less than sixty (60) days nor more than one hundred twenty (120) days after the recall election unless within said period of time a general municipal election, a special municipal election, or a general state election is to be held. Should a general municipal election, a special municipal election, or a general state election be held within the 60th to 120th day after the recall election, the election to fill the vacancy shall be held in conjunction therewith. On such ballots, under each question, there must also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. All candidates on the ballot must be listed in alphabetical order. Candidates for the office at a recall election may be nominated by petition as provided in applicable election code; except that candidates shall have not less than ten (10) calendar days beginning on the first calendar day after the governing body sets the date for the recall election within which to circulate nominating petitions, and such petitions shall be filed no later than forty-five (45) days prior to such recall election. A recall petition may not be circulated or filed against an elected officer whose office is up for election within six (6) months. Question 4. Shall the portion of Section 58 of the City of Englewood Home Rule Charter describing the Duties of the City Planning and Zoning Commission be repealed in part to allow City Council to designate decision-making authority for subdivision plats by ordinance with deleted language shown in strikethrough? Section 58 (only portion of) The City Planning and Zoning Commission shall prepare and submit to the Council for its approval a master plan, and current modifications thereof, for the physical development of the City. All plats of proposed subdivisions shall be submitted to the City Planning and Zoning Commission for its recommendations to Council with respect thereto. The Commission shall submit annually to the City Manager, not less than ninety days prior to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Commission are DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 4 necessary or desirable to be constructed during the forthcoming five-year period. Question 5. Shall Section 71 of the City of Englewood Home Rule Charter be amended to allow City Council to delegate authority to sign contracts and land conveyances with new language shown in bold underline and deleted language shown in strikethrough? Section 71 Except as otherwise authorized by Council, Aall contracts in writing binding the City and all conveyances of an interest in land by the City shall be signed by the Mayor and attested by the City Clerk under the seal of the City. Section 4. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 5 F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced and passed on first reading on the 17th day of July, 2023; and on second reading, in identical form to the first reading, on the 7th day of August, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549