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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 GED\53027\156197 2 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. GED\S3027\156197 2 -2- (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. GED\53027\156197 2 -3- 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) GED\53027\156197 2 -4- <:t 2 o i= u w Cf) :2 <( a: ~ <( o --.J w I- <( a: o I- u W --J W W ~ o a: I- <( w I 5: ~ L- ~ r - '(3 C --J ::J U 0 2 () :J<:t 0..... U 0 .J:: () '" '" E 2 ..... I (f) ... () 'C ... (f) -0 > ~ o "'OV'JU)_ C C ":;; co "'"'2 -0 '" Cf) ~ <( ~ o ,- OJ <( a: E c <(Eij-o o 0 ::l C couu'" c I I I Cf) > 1-.0 2-0_ W '" ~ <:: ... '" "" c OJ I- "- '" a: 0 c <( 0. '" c... ~:2 w > o ~ .-:: >-"'U I- '" -I U- I If) I >-~ I-w ---J Uu a: w a: >-:J I-Cf) -<( Uw a: I- - N I----, r-- >-0 '" 2l > c C +--' lo.. .- u.8& ... 0. <(<( L- - -0 '" '" .9- t C U :J __ ,- 0 0 3 u ~ :2 ~ I > ~ "co "";::; "'0 +-' ~ ~ Q) ... 0 OJ (f) ..... -0 'c Q) :J E :o~.o en 0 ~ ~~5'~ro .....,"'_ ~ c. '- c. i.j:: en Q.) Q.) ...c ....... Q) Q. l..... uoa:oc... . . . - ... '(3 c > ::J ~ ~ 0 0 m '" - ~ u ~ () '" ~ "" ~ ..... ~ ~ ..... 0 '" ~ 0 '" ~ > / --J -0 '" 0 c a: '" ;: (f) c; 0 -0 '" ... '" 0 (f) OJ M >- ... '" I c... '" c ,n <( () -0 '';::; '" -0 ro 0 "iii '" ,~ :2 '" '" L- w ... OJ'" '" '" 0 ..... () '" '" :2 '" '" --J> c... .J:: w U . . . I a: > W.o ~ - <(-0:= 2'" () ... c <( ,,, ::J :2 0 0 >- ~U 1-<( U 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. GED\S3027\156197 2 -6- 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 / / .I 1 \~-/' /~/V:')"/ GERALD E. DAHL, CITY 1st Publication: July 12, 1996 2nd Publication: August 2, 1996 Wheat Ridge Transcript Effective Date: July 23, 1996 GED\S3027\156197 2 -7- Qj.'! /: , /, " ,,/......... ... ATTORNEY