HomeMy WebLinkAboutOrdinance 2011-1498CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 26
Ordinance No. l498
Series 2011
TITLE: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE
WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY
PURSUANT TO CHARTER SECTION 16.8 (b), SETTING THE BALLOT
TITLE AND GIVING NOTICE AND CALL OF AN ELECTION CONCERNING
THE SAME
WHEREAS, Section 16.8 (b) of the City Charter ("Charter") of the City of Wheat
Ridge ("City") permits the City Council to initiate Charter amendments; and
WHEREAS, the City Council wishes to place before the voters at the November
1, 2011 coordinated election a ballot question to amend Section 15.6 of the City Charter
concerning the granting of cable franchises; and
WHEREAS, the Section 15.6 of the Charter requires that any grant of a franchise
shall be approved by a vote of the majority of the registered electors voting thereon; and
WHEREAS, the current state of federal statutory and case law prohibits local
jurisdictions from unreasonably refusing to grant a cable franchise; and
WHEREAS, the City Council has determined that requiring an election on the
granting of a cable franchise may result in the unreasonable denial of a new cable
franchise.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Text of Amendment. Pursuant to Charter Section 16.8 (b), the following
proposed amendment to the Wh~at Ridge Home Rule Charter is hereby submitted to
the voters of the City for consideration at the coordinated election to be held November
1, 2011.
Amend Charter Section 15.6 (a) as follows:
Sec. 15.6. Granting of franchises.
(a) WITH THE EXCEPTION OF CABLE FRANCHISES, Nno franchise
shall be granted except upon approval by a majority of the
registered electors voting thereon.
Section 2. Ballot Title and Question. The ballot title and ballot question for
the proposed Charter amendment shall read as follows :
Ballot Title:
AMENDING SECTION 15 .6 (a) OF THE CITY OF WHEAT RIDGE
HOME RULE CHARTER TO PROVIDE THAT NO ELECTION
SHALL BE REQUIRED FOR THE GRANTING OF A CABLE
FRANCHISE. .
Ballot Question:
SHALL SECTION 15 .6 (a) THE HOME RULE CHARTER OF THE
CITY OF WHEAT RIDGE , COLORADO , BE AMENDED TO
PROVIDE THAT NO ELECTION SHALL BE REQUIRED FOR THE
GRANTING OF CABLE FRANCHISES, THEREBY ENSURING
COMPLIANCE WITH FEDERAL LAW?
YES: NO :
Section 3. Notice and Call of Election. Pursuant to Charter Section 16.8, the
Council hereby directs the City Clerk to give notice of and call an election upon the
proposed amendment. The election on the proposed amendment shall be coordinated
with Jefferson County as part of the November 1, 2011 election.
Section 4. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect upon adoption , as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of August, 2011 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for August 22nd 2011 at 7:00 p.m., in the Council Chambers , 7500 West
29 1h Avenue, Wheat Ridge , Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _B_ to _o_, this 22nd day of August , 2011.