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HomeMy WebLinkAbout1991-07-08 EC MEMOMEMORANDUM TO: Jo Lay, Election Commission Member Ruth Smith, Election Commission Member Llomar Warren, Election Commission Member Betty Wilson, Election Commission Member Patricia Crow, City Clerk,,./' FROM: Rick DeWitt, City Attorney DATE: July 8, 1991 REGARDING: Election Commission Charter Amendments. Enclosed please find the final version of the Ordinance setting forth the Election Commission and the Sub Committee suggestions for the amendments to the ~~ ~;~ ~~ Enclosure nf ORDINANCE NO. SERIES OF 199_1_ BY AUTHORITY A BIIJ.. FOR COUNCIL BIIJ.. NO. 54 INTRODUCED BY caJNCIL MEMBER ------ AN ORDINANCE SUBMITI'ING TO A VOI'E OF THE RffiISTERED ELEX::TORS OF THE CITY OF ENGLB'KX:>D AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELOCTION PROPOSED AMENil-1ENTS TO THE CHARTER OF THE CITY OF ENGLEWX)l) AMENDING AND DELETING THE TERM "QUALIFIED ELEX::TORS" AND "TAXPAYING ELEX:'IOR" AND TO AUTHORIZE THE TERM "REGISI'ERED ELEX::TOR.S" IN APPROPRIATE SIX:'I'ICNS. BE IT ORDAINED BY THE CITY OXJNCIL OF THE CITY OF ENGLilroD, COLORADO I THAT: Section 1. There is hereby sul:xnitted to the registered electors of the City of Englewood at the next scheduled regular rrn.micipal election prcposed arrendment to the Charter of the City of Englewood, as follows: That the registered electors of the City of Englewood shall choose one of the following provisions. If Question No. , is approved by the registered electors, upon certification thereof to-the Office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article I, Sections 6 and 7; Article II, Section 15; Article III, Section 23; Article IV, Section 34; Article V, Section 42; Article VI, Sections 45,46,47; Article VIII, Sections 59 and 61; Article IX, Section 69; Article X, Section 104; Article XIII, Section 121; Article XIV, Section 134; Article XV, Sections 137:6 and 138:5 of the Harre Rule Charter of the City of Englewood shall be arrended as follows: AMENDMENT NO. ARTICLE I LB3ISLATIVE BODY 6: DETACHMENT FROM THE CITY No tract or parcel of land within the boundary of the City shall be detached by an CMner or owners fran the City except upon majority vote of the t~ PillWv:f g],QgtQJP& REGISTERED ELEX:'IOR voting upon the question at a special election. The question of <Etachrrent fran the City shall be sul:xnitted to said vote, as provided in Sections 14(1) and 14(3) of this Charter, upon deposit by said CMner or owners with the City Treasurer of the expense of said election as detennined by the Treasurer. -1 - 7 : DEFINITIONS: Deleting only the following definition and no other definition: ~ lGeete!:' ... -eFo ... Qtialifieti ~ Hleeter' -lmy- Ql,~ ~ in tho ealeOOar year liHX ~ 4;ha..~ ~&IR, .QJP. ~ ~, shall hiifl.1Q pii4a a 'f;;.ai[ apea ~ er ~ p~ siAia.AtQQ-u;i:A:.hi:A t.R9 CN?ir ana ~~ ~, awl as&Q'9'9Q41'J. t.g bjw 9R ~ ass96SEBBR'& rolls. Article II ELEX:TIONS 15: NCMINATIONS FOR ELEX:TIVE MUNICIPAL OFFICE Each candidate for an elective municipal office shall be ncxninated by petition signed by at least fifty ~:i:eft Rfl3ISTERED electors residing within the municipality, or the district, fran which the officer is to be elected. Petition Fonns supplied by the City Clerk nlay be circulated and signed not rrore than fifty days prior to the day of the election and shall be filed with the City Clerk not less than thirty days prior thereto. Petitions shall be circulated and filed in accordance with Colorado !-1\.lnicipal Election Laws. ARTICLE III LffiISLATIVE BODY 23: QUALIFICATIONS OF COUNCILMEN No person shall be eligible for the off ice of Councilman unless at the tirre of his election he is a citizen of the United States, at least twenty-five (25) years of age, shall have been for three years irrrrediately preceding such election a ~98 Rfl3ISTERED elector of the City. Councilrren elected by Districts shall also be residents and qualified Rfl3ISTERED electors of their districts. No rrernber of the Council shall hold any other public office or ercployrrent for which corrpensation is paid fran any municipality. ARTICLE N RECALL 34: PROCEDURES Any elected officer of the City of Englewood may be recalled fran office at any tine after holding office for six rronths, in the manner here provided: -2 - The procedure hereunder to effect the recall of any elected officer shall be as follows: One or nnre qna 1 ifieEI RffiISTERED electors who 'WOuld be entitled to vote for the successor of the incumbent sought to be recalled shall file with the Directm; .g£,.Eiu;moe, ~officio-.ci::ty Clerk 'l'reasurel'.., ~ity Clerk~ an affidavit of not nnre than 200 'WOrds stating the reasons for the recall of the elected officer sought to be rerooved. The City Clerk shall, within forty-eight (48) hours after the filing of said affidavit, mail a copy of said affidavit, by certified mail, to the elected officer sought to be recalled, who may file with the City Clerk a sworn staterrent in defense of the charges Illade against him. After the affidavit has been filed, The City Clerk shall authorize a petition for recall of the elected officer which shall include the staterrent in defense of the petition if so requested by the person sought to be recalled prior to the authorization by the City Clerk. The City Clerk's authorization shall not constitute an approval of the form or contents of the petition but, rather, shall comrence the running of the tine periods provided hereafter. The authorized petition IllaY be circulated and signed by Sf Pl i fie& RffiISTERED electors who would be entitled to vote for the successor of the incumbent sought to be recalled. For recall of any elected officer, said petition must be signed by Sf Pl i fieEI RffiISTERED electors who would be entitled to vote for a successor of the incumbent sought to be recalled, numbering at least twenty-five (25%) of the ~ieEI RffiISTERED electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election. The recall petition shall be filed with the requisite inforlllation 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 tirre 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 ra:::>re than one hundred twenty ( 120) days after filing of the recall petition unless within said period of tirre a general municipal election, a special municipal election or a general state election is to be held. Should a general municipal election or a special municipal election be held within the 60th to 120th day after filing of the recall petition, the recall election shall be held in conjunction therewith. Should a general state election be held within the 60th to 120th day after filing of the recall petition, the recall election shall be held on the 46th to 90th day after the general state election. At such recall election, the question of the proposed recall of the elected officer shall be submitted to the 'ifnaJifieEl RffiISTERED electors who would be entitled to vote for the successor of the incumbent sought to be recalled. -3 - The ballot upon which such proposed recall is submitted shall set forth the follaNing question: SHALL NAME OF PERSON AGAINST WHCM ROC.ALL PEI'ITION IS FILED) BE RECALLED FRCM THE OFFICE OF (TITLE OF OFFICE)? Following such question shall be the words "Yes" and "No". In the event that an officer is recalled by a majority vote of those voting on the question, the office shall be deerred vacant and shall be filled at an election called by Council not less than sixty (60) days nor rrore than one hundred twenty (120) days after the recall election unless within said period of tirre a general municipal election, a special municipal election, or a general election is to held. Should a general municipal election or a special municipal election be held within the 60th or 120th day after filing of the recall petition, the election shall be held in conjunction therewith. Recall elections and elections to fill a vacancy created by a recall election shall not be subject to the limitation set forth in Section 14 of the Hane Rule Charter. ARTICLE V ORDINANCES 42: DISPOSITION A true copy of every ordinance, as adopted by Council, shall be numbered and recorded and adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the certificate of publication. A true copy of every ordinance as adopted by the vote of the qnaljfi,QQ RffiISTERED electors of the City shall be separately numbered and recorded comrencing with "Peoples" Ordinance No. 1. ARTICLE VI INITIATIVE AND REFERENDUM 45: INITIATIVE Any proposed ordinance may be submitted to the Council by a petition signed by qttttli:fied RffiISTERED electors of the City equal in mnnber to the percentage herein required. 46: SUBMISSIONS If the petition accorrpanying the proposed ordinance is signed by qt!ttlified RffiISTERED electors equal in nurrber to ten percent (10%) of the preceding gubernatorial vote in the city, with a request for a special election, the Council shall either pass said ordinance without -4 - alterations within thirty days after the petition is filed, subject to the referendum, or call a special municipal election, unless a general or special municipal election is to occur within ninety days thereafter. At such special or general municipal election the Council shall submit said ordinance to a vote of the electors of the City. If the petition is signed by qnalifiQQ REGISTERED electors equal in number to at least five percent (5%) of the preceding gubernatorial vote in the city, and is filed with the City Clerk at least sixty (60) days before any municipal or general state election, the Council shall pass said proposed ordinance without alterations within thirty (30) days, or shall submit sane to a vote of the electors at the next general municipal or state election. If the petition is not filed with the City Clerk at least sixty (60) days before the next general municipal or state election, it shall be null and void. An initiated ordinance shall be published in the sane manner as other ordinances. The ballot upon which such proposed ordinance is submitted shall comply with the requirements set forth in Section 14 of this Charter. If a majority of the electors voting thereon shall vote in favor thereof, the sane shall thereupon, without further publication, becorre an ordinance of the city .i.rrrrediately. Any number of proposed ordinances may be submitted at the sane election. The number of special elections shall be limited as provided in Section 14 of this Charter. 4 7: REFERENDUM The referendum shall apply to all ordinances passed by Council, except ordinances making the tax levy, the annual appropriation ordinance, or the ordering of improverrents initiated by petition and to be paid for in whole or part by special assessrrents. If at any tirre within thirty (30) days after the final passage of an ordinance to which the referendum is applicable a petition signed by qtftli:fieS. REGISTERED electors equal in number to at least ten percent (10%) of the preceding gubernatorial vote in the City, is presented to the Council protesting any ordinance going into effect, it shall reconsider such ordinance. If the ordinance is not entirely repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and Section 14 of this Charter, at the next general municipal election or at a special election. Such ordinance shall then go into effect without further publication if a majority of the electors voting thereon vote in favor of it. The Council, on its CMI1 rrotion, shall have the power to submit any proposed ordinance to a vote of the electors at a general or special election as provided and limited in this Charter. No provision of this Charter shall be construed as limiting the right of Council to refer to any ordinance subject to referendum. If provisions of tVK> or rrore proposed ordinance receiving the highest affirmative vote shall becom2 effective. -5 - ARTICLE VIII BOARDS AND CG-MISSIONS PART III. BOARD OF ADJUSTMENT AND APPEALS 59: BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) members appointed by Council, for overlapping tenns of four ( 4) years. Members shall be qualified tax pa~~ electors, residents of the City at least one (1) year inrnediately prior to the date of their appointment, and shall hold no other off ice or position in the City Administration. The recording secretary shall sign any dcx;urrents or corrrnunications from the Board, 11 by order of the Board of Adjustment and Appeals". PART IV. WATER A.f\JD SBIBR BOARD 61: BOARD OIBATED The Council shall establish by ordinance a Water and Sewer Board. The Board shall consist of the Mayor of the City, two (2) councilmen selected by Council, and six ( 6) members appointed by the Council from qualified tau f)Clyift4!f electors, serving six (6) overlapping terms of six (6) years. A representative from the City Administration shall be appointed by the City Manager to serve as an ex officio nonvoting member. ARTICLE IX PART II. MUNICIPAL COURT 69: QUALIFICATIONS The Municipal Judge shall be an attorney-at-law admitted to practice in Colorado, and shall have had a minimum of two years experience in the active practice of law and be a qaalified RffiISTERED elector of the City. ARTICLE X PART III. BONDED INDEBTEDNESS 104: GENERAL OBLIGATION BONDS Indebtedness and obligations of the City shall be incurred and limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Council shall have the power to issue general obligation bonds of the City for any public capital purpose, upon majority vote of -6 - the 'f\lal~,i.QQ Rfl3ISTERED electors of the City voting thereon at a special election; provided, however, that water extension and water irrprovement bonds may be issued \vithout an election upon determination to that effect by Council. The total outstanding general obligation indebtedness of the City, other than for water oonds, shall not at any tirre exceed three percent (3%) of the assessed valuation of the taxable property within the City as sh~'lTl by the last preceding assessment for tax purposes. Water oonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds. Article XIII CITY a~ UTILITIES 121: AUTHORITY AND PG'IBRS The City shall have and exercise with regard to City owned utilities, including water and water rights and the acquisition thereof, and bonded indebtedness in connection therewith, all of the authority and powers now provided by the Statutes of the State of Colorado, including those hereafter established by act of the General Assembly. In addition, the city shall have the power to exchange water rights a.vned by it for other water rights owned by other persons, associations, corpJrations, municipalities, or quasi-municipal bodies, upon such tenns and conditions, and in such proportions as the City Council shall determine to be for the benefit of the inhabitants of the City. No water rights, or physical assets of the water works and distribution system or sewer plant and collection system shall be sold without a niajority vote of the ~y~ eleet:ors RffiISTERED ELECTOR voting thereon at a special election held in accordance with the provisions and limitations of this Charter. The City shall have the power to enter into agreement with other persons, associations, corpJrations, municipalities, or quasi-municipal bodies, for joint acquisition of water rights, for development of water rights or for development of sewage facilities upon such tenns as may be agreed upon. Such agreements shall be authorized by ordinance, enacted not using the energency provision, and such ordinance shall be subject to the referendum as provided in Section 47 of this Charter. ARTICLE XIV FRANCHISES AND PUBLIC UTILITIES 134: EA'TENSION OF TERRITORY Council, by ordinance, may extend the area or include streets, alleys, public places and property, not Embraced in such franchise, when public convenience and necessity requires, subject to all of the tenns and conditions of such original franchise and co-extensive with the tenns thereof, without a vote of the txHc ~ eleetiaFs RffiISTERED ELECTORS. -7 - 137:6 ARTICLE XV ENGLEl"XX>D ENPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ~ -1981 Il4PASSE RESOLUTION' In the event the parties are unable to reach agreerrent on all mandatory subjects to be contained in the Collective Bargaining Agreernent on or before July 1 of the year in which the parties have rret and bargained over these subjects, impasse shall be declared with each party separately submitting to the Board an impasse statement which contains the party's final offer regarding any mandatory subject upon which the parties are at impasse. The Board may, at its discretion, appoint or employ one or rrore fact-finders to assist it. By August 10, t.~e Board shall issue written findings of fact and recOITITendations for resolution of the mandatory subjects in dispute. Said findings and reconmendations shall be served upon the Certified Employee Organization, the City and the City Council and shall be final and binding upon the parties unless, within five (5) working days after receipt of the findings and recol"'.UTendations, the parties are able to reach agreement over the terms of the new Collective Bargaining Agreement. In the event the parties are able to reach said agreement and have so notified the Board within this five (5) working day period, the Board 1 s findings and recomrrendations shall be null and void. All fees and expenses of the fact-finding process, including the ITBking, but not the transcription, of a record and assistance of counsel to the Board shall be shared equally by the City and the Certified EEployee Organization. If either party is dissatisfied with the Board's findings and recorrmendations, the party or parties ITICl.Y submit a written notice of dissatisfaction to City Council within twenty (20) calendar days of the date of issuance of the Board's finding and recomnendations. Only the provision or provisions submitted to the Board for impasse resolution, which provision or provisions are the basis for dissatisfaction, ITICl.Y be contained in the notice to City Council. Within thirty (30) calendar days after receipt of this notice of dissatisfaction, the City Council shall call a special election by Ordinance or resolution submitting the matter to a vote of the ~iea REGISTERED electorate of the City. The final offers of the City and Certified Employee Organization and the Board's recorrrnendations on the issue(s) contained in a notice of dissatisfaction shall be submitted as alternative single rreasures to a vote of the Ef P 1 j fi.QQ. REX;ISTERED electors of the City. The 'fdlllifi:ed REX:iISTERED electors shall elect either the position of the City, the position of the Certified Employee Organization, or the Board's recorrmendation. The position or recorrrrendation receiving the highest number of votes shall be deemed approved. Said election shall be consistent with the provisions of Article II, Section 14 of the City Charter. -8 - All cost and expenses of any publication or special election shall be borne by the City. 138: 5 EFFEx:TIVE DATE -VESTED RIGHTS (a) The provisions of this Charter arrendment shall becOI'l'B effective within twenty (20) days after their approval by the ql16l::ttie8 REGISTERED electors of the City and the filing of certified copies of said amendments with the Secretary of State of the State of Colorado, and with the DiFootoF ~ Finanoo ._ ex offiei9 City Clerk T;Qmgy;;g]l of the· City of Englewood, Colorado. (b) The provisions of this amendment shall not be construed to destroy any property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the municipality under and by virtue of any provision of law heretofore existing or otherwise accruing to the municipality; but all such rights shall vest in and inure to the municipality or to any person or persons asserting any such claims against the municipality as fully and as conpletely as though the within Charter arrendment had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and nay other person or persons. Section 2. The voting machines or paper ballots for said election shall carry the following designation which shall be the submission clause: AMENDMENT NO. Shall the City of Englewood amend its City Charter to allow the term "Registered Electors" to be used when referring to "Electors" and by deleting the term "Qualified Electors" in Sections 15, 23, 34, 42, 45, 46, 47, 69, 104, 137:6, and 138:5 of the Charter, thereby bringing the City of Englewood Harre Rule Charter into confonnance with State Statutes? Shall the Charter of the City of Englewood be arrended by deleting the term "tax-paying" in Article I, Sections 6 and 7; and Article VIII, Sections 59 and 61; Article XIII, Section 121; and Article XIV, Section 134. YES NO And each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said regular municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. -9 - Introduced, read in full, and passed on first reading on the 15th day of July, 1991. Published as a Bill for an Ordinance on the 18th day of July, 1991. SUsan Van Dyke, Mayor ATI'EST: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of July, 1991. Patricia H. Crow -10 -