CITY OF WOODLAND PARK PUBLIC NOTICE
Public Hearing on Ordinance No. 1415, Series 2021, was held on January 20th, 2022 at 7:00 PM. The aforesaid Ordinance was posted on the City’s website January 10, 2022 prior to the City Council meeting, passed on first reading January 6, 2022, ordered published, as required by Section 7.6 of the Charter of the City of Woodland Park. The aforesaid Ordinance was approved by City Council as presented below.
CITY OF WOODLAND PARK, COLORADO
ORDINANCE NO. 1415
(Series of 2021)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF WOODLAND PARK, COLORADO SUBMITTING A BALLOT QUESTION TO THE ELECTORS OF THE CITY TO AMEND THE CITY’S CHARTER TO CLARIFY THE OPTIONS FOR CITY COUNCIL IN FILLING A VACANCY ON CITY COUNCIL
WHEREAS, the City of Woodland Park (the “City”) is a home rule municipality duly organized and validly existing under the Colorado Constitution and the City Charter (the “Charter”);
WHEREAS, Article XV, Section 15.10 of the Charter provides that the Charter may be amended at any time in the manner provided by statute;
WHEREAS, Article XX, Section 5 of the Colorado Constitution and C.R.S. § 31-2-210(1)(b) provide that the City Council may submit a Charter amendment to a vote by ordinance;
WHEREAS, C.R.S. § 31-2-210(1)(b) further provides that an ordinance to submit a Charter amendment to a vote must also adopt a ballot title for the proposed amendment;
WHEREAS, the City Council wishes to seek voter direction on whether the Charter should be amended to clarify the options for City Council in filling a vacancy on City Council;
WHEREAS, the next municipal election is scheduled for April 5, 2022;
WHEREAS, the City Council hereby determines that it is necessary to submit to the electors of the City, at the municipal election to be held on April 5, 2022, the question of whether to amend the Charter to clarify the options for City Council in filling a vacancy on City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOODLAND PARK, COLORADO, AS FOLLOWS:
Section 1. Pursuant to the Charter, the Colorado Constitution, and C.R.S. § 31-2-210(1)(b), the following proposal shall be submitted to the electors of the City and shall become effective if approved by the majority of the voters at the municipal election to be held on April 5, 2022.
Section 2. The following ballot language is hereby referred to the voters at said election:
PROPOSED BALLOT QUESTION TO AMEND THE CITY’S CHARTER TO CLARIFY THE OPTIONS FOR CITY COUNCIL IN FILLING A VACANCY ON CITY COUNCIL
SHALL ARTICLE III, SECTION 3.5 OF THE CHARTER FOR THE CITY OF WOODLAND PARK BE AMENDED TO CLARIFY THE OPTIONS FOR CITY COUNCIL IN FILLING A VACANCY ON CITY COUNCIL?
Section 3. If the above question is ratified by a majority of the voters of the City at the municipal election to be held on April 5, 2022, Article III, Section 3.5 of the Charter shall be amended as follows:
Section 3.5 – Vacancies
(b) A vacancy shall be filled by a majority vote of the Mayor and/or the remaining Council after such vacancy occurs, provided there will not be a regular municipal election within ninety (90) days of such vacancy. To fill a vacancy, the Mayor and/or the remaining Council members may: (i) appoint any qualified person; (ii) conduct an open application process; (iii) appoint the person who received the next highest vote total in the last municipal election should the vacancy occur within six (6) months of said election. The person appointed shall serve in that office until the next regular election.
Section 4. All acts, orders, resolutions, ordinances, or parts thereof in conflict with the foregoing Charter amendment shall be repealed at the time the amendment takes effect.
Section 5. Severability. The provisions of this ordinance are severable and the invalidity of any section, phrase, clause, or portion of the ordinance as determined by a court of competent jurisdiction shall not affect the validity or effectiveness of the remainder of the ordinance.
Section 6. Effective Date. This ordinance shall be in full force and effect upon its publication as required by law and approval by a majority of those voting at the city election to be held on April 5, 2022.
PASSED BY CITY COUNCIL ON SECOND AND FINAL READING FOLLOWING PUBLIC HEARING THIS ___ DAY OF ___________, 2022
City of Woodland Park
Hilary LaBarre, Mayor Pro-Tem
City Clerk, Suzanne Leclercq