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HomeMy WebLinkAbout2024 Ordinance No. 0291 ORDINANCE NO. 29 COUNCIL BILL NO. 26 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING RANKED CHOICE VOTING; AND SETTING BALLOT TITLE 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; and 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; and 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; and WHEREAS, in elections with three or more candidates for the same office, ranked- choice voting allows voters to rank candidates for each elective municipal office by preference on their ballots, and if a candidate receives a majority of first-preference votes, they are the winner, but if no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated and those votes are awarded to the second-ranked choice candidate; and WHEREAS, Colorado law provides for the procedure used by cities adopting a ranked- choice voting system in 8 Colo. Code Regs. § 1505-1:26; and WHEREAS, if Englewood voters approved ranked-choice voting for Englewood elective municipal offices in the November 2024 election, the City of Englewood would follow the ranked-choice voting system established by 8 Colo. Code Regs. § 1505-1:26 starting in the November 2025 election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Should the issuance of a City of Englewood General Obligation bond not be on the City of Englewood November 5, 2024 election ballot, the following ballot question regarding a proposed amendment to the Charter shall be submitted to the registered electors of the City at the election held on Tuesday, November 5, 2024: Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E 2 Ballot Question No. ___ Charter Amendment Implementing Ranked Choice Voting for Elected Municipal Office Shall Section 16 of the Englewood Home Rule Charter be amended to provide ranked choice (instant runoff) voting for every elective municipal office with three or more candidates? For the Measure ____ Against the Measure ____ Section 2. If the ballot question contained in Section 1 above is on the November 5, 2024 election ballot and approved by the Englewood voters, the Englewood Home Rule Charter will be amended as follows (new provisions underlined; deleted provisions struck through): 16: Ranked Choice Voting. If three or more candidates have qualified for the ballot for any elective municipal office, then the election shall be conducted by ranked choice (instant runoff) voting. Section 3. 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. Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E 3 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. 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 22nd day of July, 2024; and on second reading, in identical form to the first reading, on the 5th day of August, 2024. 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: 89E225BF-378B-4353-A84D-624EB51D762E