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Home My WebLink About2024 Ordinance No. 0304886-3740-6662.1 1 ORDINANCE NO. 30 COUNCIL BILL NO. 30 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE REGARDING THE NOVEMBER 2024 ELECTION: CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2024, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY AND AUTHORIZING AN AGREEMENT THEREFORE; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT MEASURE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING PARK AND RECREATION CAPITAL IMPROVEMENTS; AND SETTING THE BALLOT TITLE THEREON WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood (“the City”) has participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 5, 2024; and WHEREAS, this bill for an ordinance submits to the registered voters of the City a ballot measure regarding the issuance of debt for the purpose of financing park and recreation improvements; and WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt and Section 104 of the Englewood Home Rule Charter provides that the Englewood City Council (the “City Council”) shall have power to issue general obligation bonds of the City for any public capital purpose upon majority vote of the registered electors of the City voting thereon; and WHEREAS, City staff and the City Council agree that the issuance of debt for the purpose of financing park and recreation improvements is necessary and that a ballot measure should be submitted for a vote of the registered electors of the City; and Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E 4886-3740-6662.1 2 WHEREAS, Title 1, Chapter 8, Section 8 of the Englewood Municipal Code provides (i) that any City registered elector desiring to protest a proposed ballot title and/or submission clause for any initiated or referred measure may file a written protest in the office of the City Clerk, (ii) that any notice of protest shall be filed no later than 5:00 p.m. on the Friday immediately preceding the date upon which the City Council will consider the ordinance, on final reading, setting the ballot title and/or submission clause and (iii) that any notice of protest shall set forth with particularity the grounds of the protest; and WHEREAS, the issuance of the proposed debt is included in the City’s debt ceiling computation and will not, at any time, exceed three percent of the actual valuation of the taxable property within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City of Englewood hereby calls a special municipal election for November 5, 2024 to coincide with the State of Colorado General Election, coordinated with Arapahoe County. The City of Englewood is hereby authorized to execute an Intergovernmental Agreement for Coordinated Election with Arapahoe County to operate the coordinated election and any City ballot questions therein. Section 2. Pursuant to the provisions of law the City Council hereby submits for a vote of the City’s registered electors at the coordinated Municipal Election held on November 5, 2024 the following ballot issue set forth in Appendix A hereto. Appendix A is hereby incorporated into this Ordinance as if set forth in full herein (the “Ballot Issue”). Should another question be required by law to be set for said election, and as a result Englewood Home Rule Charter Sections 14 and 104 prohibit the Ballot Issue from consideration at said election, this Section 2 shall be automatically repealed as a matter of law. Section 3. For purposes of Section 1-11-203.5, C.R.S., this Ordinance shall serve to set the ballot title and/or submission clause. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 4. If a majority of the votes cast on the Ballot Issue shall be in favor of the Ballot Issue, the City Council shall be authorized to proceed with the necessary action to issue bonds and/or levy taxes in accordance with the approved Ballot Issue. Any authority to issue bonds and levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue bonds and levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E 4886-3740-6662.1 3 Section 5. 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) Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City, 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 further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. (d) 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. (e) Actions Authorized. The City Clerk and other appropriate City officials are hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Ordinance and comply with the Uniform Election Code, Article X, Section 20 of the Colorado Constitution and other applicable laws and election rules. The ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. 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 Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E 4886-3740-6662.1 4 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 4886-3740-6662.1 5 Appendix A Ballot Issue # _____ SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO $ 41.5 MILLION, WITH A MAXIMUM REPAYMENT COST OF UP TO $72 MILLION, AND SHALL CITY TAXES BE INCREASED UP TO $4 MILLION ANNUALLY FOR THE PURPOSE OF IMPROVING, REPAIRING, EQUIPPING AND UPGRADING THE CITY’S PARKS AND RECREATION FACILITIES AND AREAS TO INCLUDE, BASED ON AVAILABLE FUNDS: - IMPROVEMENTS TO BARDE PARK, BELLEVIEW PARK, CLARKSON- AMHERST PARK, CUSHING PARK, MILLER FIELD, NORTHWEST GREENBELT, ROTOLO PARK, EMERSON PARK, ENGLEWOOD RECREATION CENTER, AND PIRATES COVE, INCLUDING NEW RECREATIONAL FACILITIES, IRRIGATION UPDATES TO REPLACE AGING EXISTING IRRIGATION SYSTEMS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; AND SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AMOUNTS, NOT TO EXCEED THE ABOVE AMOUNTS, SUFFICIENT IN EACH YEAR TO TIMELY PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS? _____ YES/FOR _____ NO/AGAINST Docusign Envelope ID: 89E225BF-378B-4353-A84D-624EB51D762E