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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 1 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 2 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 3 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, / 4