HomeMy WebLinkAboutOrdinance-1991-0865
INTRODUCED BY COUNCILMEMBER
Davis
Ordinance No. 865
Series of 1991
TITLE: AN ORDINANCE INITIATING AN AMENDMENT
TO SECTIONS 2.7, 4.4, 15.6(a), 16.11(h),
3.4(b), 11.1, and 12.9(b) OF THE HOME RULE
CHARTER OF THE CITY OF WHEAT RIDGE AND
SUBMITTING THE SAME TO THE REGISTERED ELECTORS
OF THE CITY AT THE REGULAR MUNICIPAL ELECTION
OF NOVEMBER 5, 1991.
WHEREAS, section 16.8(b) of the Home Rule Charter of the City
of Wheat Ridge authorizes the city council, by ordinance, to submit
proposed amendments to the city's home rule charter to the
registered electors for adoption or rejection at a regular or
special municipal election;
WHEREAS, the Wheat Ridge City Council has caused an ad hoc
Charter Review Task Force to be formed, which Task Force has
reviewed the present Charter and has submitted recommendations to
the City Council for possible changes and amendments to the
Charter;
WHEREAS, the City Council has received and reviewed the Task
Force's recommendations;
WHEREAS, the city Council has determined to adopt this
ordinance amending the Home Rule Charter of the City of Wheat Ridge
as herein provided upon, and only upon, adoption of said amendment
by the registered electors of the City at the regular municipal
election of November 5, 1991;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, THAT:
Section 1. The Ballot Title set forth in Section 2 hereof
shall be submitted to the registered electors of the City of Wheat
Ridge at the regular municipal election of November 5, 1991. If
adopted by a majority of those registered electors voting thereon
at that time, the Home Rule Charter of the City of Wheat Ridge
shall be amended as set forth in Section 3 hereof, effective
November 6, 1991.
Section 2.
The Ballot Title shall read as follows:
"Shall the following sections of the Home Rule Charter
of the City of Wheat Ridge be amended so that the wording of
the various provisions shall more accurately reflect the
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original intent of the Charter as originally adopted and as
implemented and construed since 1978, and so as to be
consistent with changes to the Constitution of the state of
Colorado approved since that date:
a. In sections 2.7, 4.4, 15.6(a) and 16.11(h), change
the words "qualified elector" and "elector" to "registered
elector";
b. In section 3.4(b) add
department heads serve "at
Administrator;
provisions
the will"
to clarify that
of the city
c. In section 11.1, clarify that City Council may, by
ordinance, impose taxes, but no rate of sales tax may be
increased unless the same is approved by the electors at a
regular or special election;
d. In section 12.9(b), add language to clarify that
Council may provide for the payment for lease-purchases "at
their discretion" from any available city revenues?"
section 3. If approved by a majority of those electors
voting on the Ballot Title set forth in section 2 hereof, sections
2.7, 4.4, 15.6(a), 16.11(h), 3.4(b), 11.1, and 12.9(b) of the Home
Rule Charter of the City of Wheat Ridge shall be amended, effective
November 6, 1991, to read as follows:
A. The provisions of sections 2.7, 4.4, 15.6(a) and 16.11(h)
of the Home Rule Charter of the City of Wheat Ridge are hereby
amended by deleting therefrom the term "qualified elector" or
"elector" and substituting therefore the term "registered
elector."
B. The provisions of section 3.4 (b) of the Home Rule Charter
of the City of Wheat Ridge shall be amended by repealing and
reenacting said section as follows:
(b) Hire, suspend, transfer and remove City
Department Heads, who serve under the jurisdiction, and at the
will of the City Administrator.
C. section 11.1 - Tax Authority and Limitations of the Home
Rule Charter of the City of Wheat Ridge shall be repealed and
reenacted as follows:
The Council shall have the authority to levy and impose
taxes for municipal purposes and to provide for their
collection, provided that there shall not be an increase of
rate of sales tax unless and until such rate increase shall
be approved by a majority of the electorate voting at a
regular or special municipal election. The Council shall also
have authority to levy and provide for collection of special
assessments for local improvements as provided in this Charter
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or by ordinance. Increases in ad valorem taxes shall be
subject to the same limitations and review procedures now or
hereafter provided by state statute for statutory cities.
The provisions of section 12.9 (b) of the Home Rule
Charter of the city of Wheat Ridge are hereby amended as
follows:
(b) The Council is authorized and empowered to
provide for the said payments at their discretion from any
available revenues.
section 4. Severabilitv. 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
application to other persons or circumstances.
Section 5. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the city of Wheat Ridge, 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 property legislative object sought to be
attained.
section 6. This ordinance shall become effective one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 10th day of June, , 1991,
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 Monday, June 24, , 1991, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
June
AND ORDERED
7 to
, 1991.
PUBLISHED
o this
on second and
24 th day of
final
SIGNED by the Mayor on this
1991.
25th day of
June
~<~,,./
Dan Wilde, Mayor
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ATTEST:
~ "'I
Wanda Sang, City Clerk
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
June 12, 1991
July 3, 1991
July 4, 1991
APPROVED AS TO FORM BY
OFFICE OF 5lTY ATTORNEY
fi ,y
/~/ / -.-.--; -"""\,
i
---
y Attorney
John,
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