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