HomeMy WebLinkAbout2023 Ordinance No. 038
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ORDINANCE COUNCIL BILL NO. 38
NO. 38 INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER ANDERSON
AN ORDINANCE CALLING A SPECIAL MUNICIPAL MAIL
BALLOT ELECTION FOR OCTOBER 3, 2023, TO DETERMINE
WHETHER THE FOLLOWING CITY COUNCIL MEMBER WILL
BE RECALLED FROM OFFICE: JOE ANDERSON, DISTRICT 3.
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 July 6, 2023, a petition for recall for Council Member Joe
Anderson was filed with the City Clerk; and
WHEREAS, on July 13, 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.
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 3 to determine whether Joe Anderson shall be recalled from the
office of Englewood City Council Member representing District 3.
DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545
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Section 2. The following ballot title and ballot question is hereby set:
SHALL JOE ANDERSON BE RECALLED FROM THE OFFICE OF CITY
COUNCIL MEMBER?
Section 3. 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
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 7th day of August, 2023; and on second
reading, in identical form to the first reading, on the 21st 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: ACF32A0B-985E-456B-BE50-8538CBCA7545
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DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545