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HomeMy WebLinkAboutOrdinance-1998-1144 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 44 Ordinance No. 1144 Series of 1998 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO CODIFY THE HOME RULE CHARTER CHANGE TO A COUNCIL- MANAGER FORM OF GOVERNMENT. WHEREAS, on November 5, 1996, the citizens of the City of Wheat Ridge voted to amend the Home Rule Charter of the City of Wheat Ridge to provide for a council-manager form of governQlent, and . , WHEREAS, the Wheat Ridge Code of Laws still reflects the former Mayor- City Administrator form of government and refers throughout to a City Administrator rather than a City Manager; and WHEREAS, the Wheat Ridge Code of Laws should be amended to reflect the change to a Council-City Manager form of government; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Sections 2-5{c){3), (4), (6), and (7) of the Wheat Ridge Code of Laws, pertaining to the disposition of unclaimed property, are hereby amended to read as follows: Sec. 2-5. Disposition of unclaimed property. (c) Procedure for disposition of property' (3) If the city clerk receives a written claim within the sixty-day claim period, the city administrator MANAGER shall evaluate the claim and give written notice to the city clerk and the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The city administrator MANAGER may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. (4) In the event that there is more than one claimant for the same property, the city administrator MANAGER may, at the city administrator's MANAGER'S option, resolve such claims or may GED\53027\298107 01 resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (6) Any legal action filed challengIng a decision of the city admini3trator MANAGER shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city administrator MANAGER pursuant to the order of the court having jurisdiction over such claim. (7) The city administrator MANAGER is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this section, including compliance requirements for other municipal officers and employees in the identification and disposition of such property Section 2. Section 2-21 (b) of the Wheat Ridge Code of Laws, pertaInIng to the powers and duties of the mayor, is hereby amended to read as follows. Sec. 2-21. Power and duties of mayor. (b) The mayor shall be the elected chief executive officer of the city. Hc shall appoint, in accordance with scction 3.1 of thc chartcr, a city admini3trator to handlc thc day to day rC3ponsibilitics of managing thc affairs of thc city. The mayor shall be responsible for the efficient administration of all affairs of the city placed in his OR HER charge.and a33uring that thc city administrator performs his dutics as providcd b the charter. Section 3. Subsection (a) and the introductory statement of subsection (b) of Section 2-26 of the Wheat Ridge Code of Laws, pertaining to the duties of the city administrator, are hereby amended to read as follows: Sec. 2-26. Duties of city administrator MANAGER. (a) The city administrator MANAGER is responsible to the mayor COUNCIL for the operation of the city and may be dismissed by fttm THE COUNCIL should the mayor IT determine that Affi SUCH removal is in the best interest of the city. (b) The duties of the city administrator MANAGER shall include but not be limited to the following GED\53027\2981 07 ,01 2 Section 4. The mtroductory statement and subsectIon (5) of Section 2-28 of the Wheat Ridge Code of Laws, pertaining to the duties of the administrative personnel assistant, are hereby amended to read as follows' Sec. 2-28. Duties of administrative personnel assistant. The personnel assistant works under the immediate supervision of the city odminiGtrotor MANAGER in: (5) Handling special administrative matters odminiGtrator MANAGER, including the pertaining to personnel matters. assigned drafting by the city of ordinances Section 5. The introductory statement and subsection (11) of Section 2-29 of the Wheat Ridge Code of Laws, pertaining to the duties of the director of parks and recreation, are hereby amended to read as follows: Sec. 2-29. Duties of director of parks and recreation. The director of parks and recreation works under the immediate supervision of the city adminiGtrator MANAGER to perform the following functions: (11) Rccommcndating RECOMMENDING contracts concernmg the operation of concessions, recreation facilities and programs as THAT the department finds are in the best interests of the city. Section 6. The introductory statement of Section 2-30 of the Wheat Ridge Code of Laws, pertaining to the duties of the chief of police, is hereby amended to read as follows: Sec. 2-30. Duties of chief of police. The chief of police works under immediate supervIsion of the city odminiGtrator MANAGER to perform the following functions: Section 7. The introductory statement of Section 2-31 of the Wheat Ridge Code of Laws, pertaining to the duties of the director of public works, is hereby amended to read as follows: Sec. 2-31. Duties of director of public works. The director of public works under the immediate supervIsion of the city odminiGtrotor MANAGER to perform the following functions: GED\53027\2981 07 01 3 Section 8. The introductory statement of Section 2-32 of the Wheat Ridge Code of Laws pertaining to the duties of the director of planning and development is hereby amended to read as follows: Sec. 2-32. Duties of director of planning and development. The director of planning and development works under the immediate supervision of the city administrator MANAGER to accompliGh PERFORM the following functions: Section 9. Sections 2-55(a) and (b)(1) of the Wheat Ridge Code of Laws, pertaining to the personnel commission, are hereby amended to read as follows: Sec. 2-55. Personnel commission. (a) Establishment. There is hereby established a personnel commission to advise the mayor, city council and city admini5trotor MANAGER on all matters concerning city employees within the scope of the personnel policies and procedures for the city. (b) Authority. The authority of the personnel commission shall extend to all city employees except: (1 )The city adminiGtrator MANAGER, Section 10. Sections 2-56(a) and (c) of the Wheat Ridge Code of Laws, pertaining to the animal control commission, are hereby amended as follows: Sec. 2-56. Animal control commission. (a) The animal control commission shall advise the police chief, mayor, city admiAistf8ter MANAGER and city council on matters within the scope of this section and chapter 4 of this Code, and on matters concerning the control and disposition of animals that may arise in the city. (c) The animal control commission shall receive and review complaints made concerning the administration and effect of this and other ordinances relating to animals and shall make recommendations to the city council, mayor, city administrator MANAGER or police chief on the appropriate action to be taken on complaints. GED\53027\2981 07 ,01 4 Section 11. Section 2-57(a) of the Wheat Ridge Code of Laws, pertaining to the parks and recreation commission, is hereby amended to read as follows: Sec. 2-57. Parks and recreation commission. (a) The parks and recreation commission shall advise the mayor, city council, and city odminiatrotor MANAGER on all matters within the scope of chapter 17 of this Code. Section 12. Section 2-58(a) of the Wheat Ridge Code of Laws, pertaining to the arborist board, is hereby amended to read as follows: Sec. 2-58. Arborist board. (a) The arborist board shall advise the mayor, city council, city arborist, and city adminiatrator MANAGER, on all matters within the scope of chapter 24 of this Code. Section 13. Sections 2-62(a) (4) and (b) of the Wheat Ridge Code of Laws, pertaining to the civil service commission, are hereby amended to read as follows: Sec. 2-62. Civil service commission. (a) Examination and certification of applicants for position or promotion: (4) Upon completion of the screening process the city odminiatrator'a MANAGER'S personnel assistant shall prepare a list of candidates who have satisfactorily passed the entire examination in the order in which their grades have placed them. This list of the candidates shall be certified by the chairman of the civil service commission or his designee and then shall be submitted to the chief of police for processing. The chief of police, with approval of the city odminiatrotor MANAGER, after having received a list or lists duly certified, shall hire candidates from the list or lists on the basis of the "rule of three" The" rule of three," whenever referenced in connection with this chapter, shall indicate the initial hiring of a candidate from among the top three (3) remaining candidates on the current eligibility list or lists for the particular job class or rank. The chief of police may hire candidates for the position of police officer from either the entry level eligibility list or the lateral entry eligibility list. The chief of police and the chairman of the civil service commission, with approval of the city administrator MANAGER, shall designate those persons who shall serve on the various phases of the screening process; however, due to the chief's ultimate hiring authority, he shall not directly participate in the actual screening of GED\53027\2981 07 ,01 5 any given group of candidates prior to his receiving the certified list of eligible candidates. (b) Rules; investigations. The commission shall have the power to make and enforce rules for the purposes of carrying out the provisions of this article, which rules shall be printed for distribution and a copy provided for each member of the classified service. The commission shall have the power to investigate all breaches of this article and conduct hearings in disciplinary matters as herein provided, and while conducting such an investigation or hearing, the commission shall have the authority to compel the attendance of witnesses and the production of books and papers. The civil service commission, with approval of the city administrator MANAGER, may make use of existing city facilities and, as circumstances might dictate, temporarily use other city employees to assist the commission in performing its duties. Section 14. Conforminq Chanqes. In addition to the amendments set forth in sections 1 through 14 above, the Wheat Ridge Code of Laws is hereby amended to delete all references to "city administrator" and to insert in place thereof "city manager," and to delete all references to "administrator" and to insert in place thereof "manager." Section 15. Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the police powers 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 objective sought to be attained. Section 16. 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 judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 17. Repeal of Conflictinq Ordinances. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 18. Effective date. This ordinance shall take effect upon passage at second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ...L _to ..L on this 26thday of October , 1998, ordered published in full in a GED\53027\29810701 6 newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Dp('pm1'1Pr 14 ,1998, 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 and final reading by a vote of ~ to ~,this 14th day of December , 1998. ~ . , / '(;' , - I:' , , -'~ ,.' /. r ,'C '\ ,~ i~e;c'h~~ ~~~~e~y ,; Ma~~r" L \ ATTEST: APPROVED AS TO FORM BY CITY A(l~@!ikjJ Gerald E. Dahl, City Attorney 1 st Publication' Oc tober 30, 1998 2nd Publication: December 25, 1998 Wheat Ridge Transcript Effective Date: December 14, 1998 GED\53027\298107 01 7