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HomeMy WebLinkAbout2023 Ordinance No. 032 1 ORDINANCE COUNCIL BILL NO. 33 NO. 32 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER WOODWARD AN ORDINANCE CALLING A SPECIAL MUNICIPAL MAIL BALLOT ELECTION FOR OCTOBER 3, 2023, TO DETERMINE WHETHER THE FOLLOWING CITY COUNCIL MEMBERS WILL BE RECALLED FROM OFFICE: CHELSEA NUNNENKAMP, DISTRICT 2; OTHONIEL SIERRA, DISTRICT 1. WHEREAS, Englewood Home Rule Charter §34, as supplemented by C.R.S. § 31-4-501 et seq., provides for the process of creating, authorizing, circulating, signing and filing petitions to call for a recall election for any elected official within the City; and WHEREAS, on June 8, 2023, a petition for recall for Council Member Chelsea Nunnenkamp was filed with the City Clerk; and WHEREAS, on June 15, 2023, the City Clerk determined the petition contained the requisite information and signatures numbering at least twenty-five percent (25%) of the registered electors voting for all the candidates for the elected officer’s respective office in the last preceding general municipal election; and WHEREAS, on June 16, 2023, a petition for recall for Mayor Othoniel Sierra was filed with the City Clerk; and WHEREAS, on June 23, 2023, the City Clerk determined the petition contained the requisite information and signatures numbering at least twenty-five percent (25%) of the registered electors voting for all the candidates for the elected officer’s respective office in the last preceding general municipal election; and WHEREAS, pursuant to City Charter §34 and C.R.S. § 31-4-501 et seq., the City Clerk shall submit a filed recall petition, together with a certificate of its sufficiency, to the governing body of such municipality at the first regular meeting of such body following the date of filing, and City 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 a general municipal election, a special municipal election or a general state election is to be held; and WHEREAS, to act in accordance with the provisions of City Charter §34 and C.R.S. § 31-4-501 et seq. regarding setting the date for special elections, the City Council must set a date for a special election to take place within the 60 to 120 days following the date of filing of the petition, less the 32 days prior to the general election of November 7, 2023, during which no special election may take place in accordance with C.R.S. § 31-10-108. DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 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 calls a Special Election by mail ballot for October 3, 2023 for the registered electors of City Council District 2 to determine whether Chelsea Nunnenkamp shall be recalled from the office of Englewood City Council Member representing District 2. Section 2. The following ballot title and ballot question is hereby set: SHALL CHELSEA NUNNENKAMP BE RECALLED FROM THE OFFICE OF CITY COUNCIL MEMBER? Section 3. The City Council of the City of Englewood, Colorado, hereby calls a Special Election by mail ballot for October 3, 2023 for the registered electors of City Council District 1 to determine whether Othoniel Sierra shall be recalled from the office of Englewood City Council Member representing District 1. Section 4. The following ballot title and ballot question is hereby set: SHALL OTHONIEL SIERRA BE RECALLED FROM THE OFFICE OF CITY COUNCIL MEMBER? Section 5. The Special Elections shall be held in accordance with the applicable provisions of Englewood Home Rule Charter §14, §34, and applicable provisions of the Colorado Revised Statutes. Section 6. General Provisions Applicable to this Ordinance 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. 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. C. 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 DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 3 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, and has authority to correct formatting and/or typographical errors discovered during codification. 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