HomeMy WebLinkAboutOrdinance-1996-1038
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
Council Bill No. 30
Ordinance No. 1038
Series of 1996
TITLE:
AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO
WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF
CITY PURSUANT TO CHARTER SECTION 16,8(b)
DECLARING AN EMERGENCY
THE
THE
AND
WHEREAS, Section l6.8(b) of the Charter permits the City
Council to initiate charter amendments; and
WHEREAS, the Council wishes to place before the voters at the
November, 1996 general election a ballot measure to adopt a
council-manager form of government.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Pursuant to Charter Section l6.8(b), the following
proposed amendment to the Wheat Ridge City Charter is hereby
submitted to the voters of the City for their consideration at the
general election to be held on November 5, 1996:
PREFATORY SYNOPSIS
(Paragraph 3)
The charter provides for the Council-Mayor ^dministrator MANAGER form of
government Thc Q)(ccutivc pO'</,,(cr is ',fcstcd in a mayor ...vho is clcctcd at largc and
who appoints a city administrator to run thc daily affairn of thc city, The mayor
presides over council meetings and possesses the power of veto. The mayor shall be
the recognized head of the city government for all legal and ceremonial purposes and
shall be the conservator of the peace.
(Paragraph 4)
The city council is established as the policy-making legislative body of the city.
The council consists of eight (8) members with two (2) members elected from each
of four (4) districts The council shall appoint citizens to all boards and commissions
on an equal representation basis. THE CITY COUNCIL ALSO APPOINTS A CITY
MANAGER TO RUN THE DAILY AFFAIRS OF THE CITY
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CHAPTER I. GENERAL PROVISIONS
Section 1.4 Form of government.
The mUnicipal government provided by this Charter shall be known as the
"mayor council administrator" "COUNCIL-MANAGER government." (See Diagram.)
CHAPTER III. MAYOR AND ADMINISTRATION
Section 3.2. Power and duties of the mayor.
(Paragraph 2)
The mayor shall be the CHIEF elected chicf CJ(Qcutivc officer of the city. He
shall appoint, in accordancc with ncction 3.4, a city adminintrator to handlc thc day
to day renponGibilities of managing the affaira of the city. The mayor shall be
responsible for the efficient administration of all affairs of the city placed in his charge
and assuring that thc city administrator pcrformn his dutics as providcd by thin
Chartcr. THE MAYOR SHALL SERVE AS A LIAISON BETWEEN THE CITY COUNCIL
AND THE CITY ADMINISTRATION, INCLUDING, BUT NOT LIMITED TO ATTENDANCE
AT MEETINGS AND SPECIAL EVENTS INVOLVING THE CITY ADMINISTRATION.
Section 3.4. City administrator MANAGER.
(Paragraph 1)
Whencvcr a vacaney occum the mayor shall, within a reasonable timc, appoint
a city administrator. Suoh appointment shall be oonfirmed by the majority of the
couneil and ::;hall be V'Jithout dcfinitc term and at a salary fixcd by thc council.
THE CITY MANAGER SHALL BE THE CHIEF ADMINISTRATIVE OFFICER OF THE
CITY. THE COUNCIL, BY MAJORITY VOTE OF ALL MEMBERS, SHALL APPOINT A
CITY MANAGER WHO SHALL SERVE AT THE PLEASURE OF THE COUNCIL,
WITHOUT DEFINITE TERM AND AT A SALARY FIXED BY THE COUNCIL. THE
COUNCIL SHALL APPOINT A CITY MANAGER WITHIN A REASONABLE TIME AFTER
A VACANCY EXISTS IN THE POSITION. DURING THE PERIOD OF ANY VACANCY
OR EXTENDED ABSENCE IN THE OFFICE OF CITY MANAGER, THE COUNCIL SHALL
APPOINT AN ACTING CITY MANAGER THE CITY MANAGER MAY APPOINT AN
EMPLOYEE OF THE CITY AS ACTING CITY MANAGER DURING THE TEMPORARY
ABSENCE (NOT TO EXCEED THIRTY DAYS) OF THE CITY MANAGER. ANY ACTING
CITY MANAGER SHALL HAVE ALL OF THE RESPONSIBILITIES, DUTIES, AND
AUTHORITY OF THE CITY MANAGER PURSUANT TO CHARTER SECTION 17,7,
THE CITY ADMINISTRATOR SERVING UPON THE EFFECTIVE DATE OF THIS
SECTION 3.4 AS AMENDED SHALL BE DEEMED TO HAVE BEEN APPOINTED CITY
MANAGER AS PROVIDED HEREBY.
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(Paragraph 2)
The city administrator MANAGER shall be appointed by thc mayor with regard
to fitness, competency, training, and experience in professional urban administration
At the time of his appointment, the city administrator MANAGER need not be a
resident of the city, but during his tenure in office he shall reside within the city No
mayor shall be appointed city administrator MANAGER during or within one (1) year
after the termination of his ELECTED term as mayor.
(Paragraph 3)
The city administrator CITY MANAGER is responsible to the mayor COUNCIL
for the operation of the city and may be dismissed by him should thc mayor THE
COUNCIL SHOULD IT determine that such removal is in the best interest of the city.
DISMISSAL OF THE CITY MANAGER SHALL BE BY A MAJORITY VOTE OF ALL
MEMBERS OF THE COUNCIL. THE COUNCIL SHALL ASSURE THAT THE CITY
MANAGER PERFORMS HIS DUTIES AS PROVIDED BY THIS CHARTER.
(Paragraph 4)
The duties of the city admini3trator CITY MANAGER shall include but not be
limited to the following:
(b) Hire, suspend, transfer and remove city department heads, who serve
under the jurisdiction, and at the will of the city adminiotrator CITY
MANAGER.
Section 3.6. Relationship of administrative service to mayor COUNCIL.
The city adminiotrator MANAGER shall be held accountable to the mayor
COUNCIL for his actions and those of his subordinates.
Section 4.9 Relationship to administrative service.
No member of the council shall dictate the appointment or duties of any
department head or employee of the city, except as expressly provided in this Charter.
The council and its members shall deal with the administrative service of the city
solely through thc mayor and the city administrator MANAGER, and neither the council
nor its members shall give orders or reprimands to any employee or subordinate of the
city administmtor MANAGER. Tho oity ::Idminiatrator ahall bo hold aooountablo to tho
mayor for his aotions and tho::;c of his aubordinatcs. The council retains the
prerogative of requiring the city administrator MANAGER to make verbal or written
reports of his activities, those of his subordinates and the administrative service under
his charge, not in conflict with other provisions of this Charter.
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CONFORMING CHANGES
In addition to the above changes, delete all references to "city administrator"
and insert "city manager" throughout the charter, including the following sections.
Section 3 4
Section 3.5
Section 5.7(b)(2)
Section 16 11 (d), (I)
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Section 2. Ballot Title. The ballot title for the proposed
Charter Amendment shall read as follows:
SHALL THE HOME RULE CHARTER OF THE CITY OF
WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE
FOR A COUNCIL-MANAGER FORM OF GOVERNMENT, AND
IN CONNECTION THEREWITH, PROVIDING FOR
APPOINTMENT AND TERMINATION OF THE CITY
MANAGER BY THE CITY COUNCIL, PROVIDING FOR THE
MAYOR TO ACT AS A LIAISON BETWEEN THE CITY
COUNCIL AND THE CITY ADMINISTRATION, PROVIDING
THAT THE CITY MANAGER SHALL BE THE CHIEF
ADMINISTRATIVE OFFICER OF THE CITY, AND MAKING
CONFORMING CHANGES?
Section 3, 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 proper legislative object sought to be
attained.
Section 4. Severability, If any clause, sentence, paragraph,
or part of this Ordinance or Application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5. Emerqency Declared; Effective Date. Pursuant to
Charter Section 5.13, the City Council hereby finds, determines and
declares that this Ordinance is promulgated under the general
police power of the City of Wheat Ridge and that this Ordinance is
necessary for the immediate preservation of public property, peace,
health and safety. Specifically, a City Council reconsideration or
a Mayor veto of this Ordinance would not allow for sufficient time
for citizens to enter into the petition process and would deny the
citizens the possibility to vote on their form of government in the
November, 1996 election. Pursuant to Charter Section 5,13, this
Ordinance shall take effect upon final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6
to 1 on this 24th day of June, 1996, 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 July 22,
1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second
reading by a vote of ~ to~, this 22nd day of July
and final
, 1996.
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SIGNED by the Mayor on this 23rd day of July
7/23/96 Mayor Wilde would not sign thlS Ordinance.
ATTEST:
, 1996.
WANDA SANG, CITY CLERK
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY
ATTORNEY
/
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GERALD E. DAHL, CITY
1st Publication: July 12, 1996
2nd Publication: August 2, 1996
Wheat Ridge Transcript
Effective Date: July 23, 1996
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ATTORNEY