HomeMy WebLinkAbout01 - CHARTER
.
e
.
.
.
Sec. 1.1.
Sec. 1.2.
Sec. 1.3.
Sec. 1.4.'
See. 1.5.
Sec. 2.1.
See. 2.2.
Sec. 2.3.
Sec. 2.4.
Sec. 2.5.
Sec. 2.6.
Sec. 2.7.
Sec. 3.1.
Sec. 3.2.
See. 3.3.
Sec. 3.4.
Sec. 3.5.
Sec. 3.6.
Sec. 3.7.
Sec. 3.8.
See. 3.9.
Sec. 3.10.
Sec. 3.11.
Sec. 3.12.
See. 3.13.
Sec. 3.14.
Sec. 3:15.
Sec. 4.1.
See. 4.2.
Sec. 4.3.
Sec. 4.4.
Sec. 4.5.
Sec. 4.6.
Sec. 4.7.
Sec. 4.8.
Sec. 4.9.
PART I
CHARTER.
Prefatory Synopsis
Preamble
Chapter I. General Provisions
Name and boundaries.
Rights and liabilities.
Powers of self-government.
Form of government.
Present ordinances.
Chapter II. Elections
Colorado municipal elections laws adopted.
Municipal elections.
Disclosure.
Election commission.
Nonpartisan elections.
Recall from office.
Recall procedure.
Chapter III. Mayor And Administration
Election of mayor.
Power and duties of the mayor.
Mayor pro tempore.
City map-ager.
Administrative departments.
Relationship of administrative service to mayor.
Election of city clerk.
Duties of the city clerk.
Election of treasurer.
Duties of the treasurer.
Vacancies in elective offices.
Compensation of elected officials.
Oath of office.
Conflict of interest.
Bonding of employees.
Chapter IV. Council
The city council.
Council districts.
Terms of office.
Qualifications.
Vacancies.
Compensation.
Powers of council.
Oath of office.
Relationship to administrative service.
*Editor's note--The City Charter is published as amended with no rewording. The printing style, however, has been made
consistent with the Code. [The certificate of the charter commission has not been published.]
Supp. No. 18
1
Supp. No. 18
Sec. 4.10.
Sec. 5.1.
Sec. 5.2.
Sec. 5.3.
See. 5.4.
Sec. 5.5.
Sec. 5.6.
Sec. 5.7.
Sec. 5.8.
See. 5.9.
Sec. 5.10.
Sec. 5.10.1.
Sec. 5.11.
Sec. 5.12.
Sec. 5.13.
Sec. 5.14.
Sec. 5.15.
See. 5.16.
Sec. 5.17.
Sec. 5.18.
Sec. 5.19.
Sec. 5.20.
Sec. 6.1.
Sec. 6.2.
Sec. 6.3.
Sec. 6.4.
Sec. 6.5.
Sec. 6.6.
Sec. 7.1.
Sec. 8.l.
Sec. 8.2.
Sec. 8.3.
Sec. 8.4.
Sec. 8.5.
Sec. 9.1.
Sec. 9.2.
Sec. 9.3.
See. 9.4.
Sec. 10.1.
Sec. 10.2.
WHEAT RIDGE CITY CODE
.
Conflict of interest.
Chapter v: Council Procedure And Legislation
Regular meetings.
Special meetings.
Business at special meetings.
Quorum; adjournment of meeting.
Council attendance at meetings.
Meetings to be public.
Executive sessions.
Council acts.
Voting.
Action by ordinance required.
Building height and density limitations.
Form of ordinances.
Procedure,
Emergency ordinances.
Veto by mayor.
Codification of ordinances.
Standard codes adopted by reference.
Severability of ordinances.
Disposition of ordinances.
Public records,
Street width designation.
e
Chapter VI. Initiative And Referendum
Initiative.
Referendum.
Ordinances referred tp the people.
Certificate of clerk; amendment of petition.
Prohibition of amendment or reenactment.
Implementation.
.
Chapter VII. Personnel
Personnel system.
Chapter VDI. Legal And Judiciary
City attorney.
Municipal court.
Tenure and removal of judges.
Duties of the presiding judge.
Compensation of judges.
Chapter IX. Boards And Commissions
Existing boards and commissions.
Right to establish.
Appointments to boards or commissions.
Procedures of boards and commissions.
.
Chapter X. Finance And Budget
Fiscal year.
Submission of budget.
.
2
.
.
.
.
.
Supp. No. 17
Sec. 10.3.
Sec. 10.4.
Sec. 10.5.
Sec. 10.6.
See. 10.7.
Sec. 10.8.
Sec. 10.9.
See. 10.10.
Sec. 10.11.
Sec. 10.12.
Sec. 10.13.
See. 10.14.
Sec. 10.15.
Sec. 11.1.
See. 11.2.
Sec. 11.3.
Sec. 12.1.
Sec. 12.2.
Sec. 12.3.
See. 12.4.
Sec. 12.5.
Sec. 12.6.
See. 12.7.
Sec. 12.8.
Sec. 12.9.
Sec. 13.1.
Sec. 13.2.
Sec. 13.3.
Sec. 13.4.
Sec. 13.5.
Sec. 13.6.
Sec. 14.1.
Sec. 14.2.
Sec. 15.1.
Sec. 15.2.
Sec. 15.3.
Sec. 15.4.
Sec. 15.5.
Sec. 15.6.
Sec. 15.7.
CHARTER
Budget message.
Budget content.
Balanced budget required.
Capital program.
Public hearing.
Council amendments.
Council budget adoption.
Property tax levy and budget appropriations.
Budget status report.
Amendments after adoption.
Lapse of appropriation.
Public record.
Independent audit.
Chapter XI. Taxation
Tax authority and limitations.
Collection of taxes.
Authority to acquire property.
Chapter XII. Municipal Funding
Forms of borrowing.
ShortRterm notes.
General obligation bonds.
Revenue bonds.
Revenue bonds funded by sales and use tax.
Refunding bonds.
Limitations on indebtedness.
Bonds: Interest, sale, prepayment.
Long-tenn installment contracts, rentals and leaseholds-City
property.
Chapter XllI. Improvement Districts
Creation of special or local improvement districts.
Power to create special or local improvement districts.
Improvement district bonds; levy for general benefit to special
fundi pledge of credit.
Transfers from unencumbered special or local improvement dis-
trict funds.
Payment of bonds by city:
Review of improvement district proceedings.
Chapter XIV: Intergovernmental Relations
Regional service authorities.
Cooperative intergovernmental contracts.
Chapter xv: Utilities And Franchises
General powers.
Water rights.
Utility rates.
Management of municipal utilities.
Use of public places by utilities.
Granting of franchises.
Existing franchises.
3
Supp. No. 17
Sec. 15.8.
Sec. 15.9.
Sec. 15.10.
See. 16.1.
See. 16.2.
See. 16.3.
See. 16.4.
Sec. 16.5.
Sec. 16.6.
Sec. 16.7.
Sec. 16.8.
Sec. 16.9.
Sec. 16.10.
Sec. 16.11.
Sec. 16.12.
Sec. 17.1.
See. 17.2-
See. 17.3.
See. 17.4.
See. 17.5.
Sec. 17.6.
Sec. 17.7.
Sec. 17.8.
WHEAT RIDGE CITY CODE
.
Transit facilities.
Revocable permits.
Franchise records.
Chapter XVI. Miscellaneous Legal Provisions
Reservation of power.
Bequests, gifts and donations.
Liability of the city.
Eminent domain.
Sale of real property.
Severability of Charter provisions.
Charter amendments.
Procedure to amend the Charter.
Charter repeal.
Interpretations.
Definitions.
Chapter and section headings.
.
Chapter XVII. Transitional Provisions
Effective date of Charter.
Status of transitional provisions.
Transitioq. period.
Prior city legislation.
Continuation of elected officers.
Continuation of boards and commissions.
c.ontinuation of appointed officers and employees.
Savings clause.
.
.
.
4
.
e
.
.
.
PREFATORY SYNOPSIS
On November 2, 1976, the citizens of Wheat
Ridge voted for the creation of a Home Rule
Charter Commission and selected a diversified
group of citizens to draft a proposed Charter. The
twenty-one (21) elected members of the Charter
Commission submit to the voters of the City their
proposed Home Rule Charter which has been
framed in conformity with article XX of the Con-
stitution of the State of Colorado and the Munic-
ipal Home Rule Act of 1971.
The commission members have drafted a Char-
ter to achieve a simple and direct form of local
government based upon sound principles. It is
designed to meet the present and future needs of
the citizens of Wheat Ridge. The underlying con-
cept ofthis document is the need for a flexible and
responsive government with maximum financial
control exercised by the citizens. Such a philoso-
phy emphasizes public involvement and encour-
ages citizen participation in matters of local and
municipal concern. The commission believes that
this charter provides for effective government
through local self-determination by separating
legislative and administrative branches.
The charter provides for the Council-Manager
form of government. The mayor presides over
council meetings and possesses the power of veto.
The mayor shall be the recognized head ofthe city
government for all legal and ceremonial purposes
and shall be the conservator of the peace.
The city council is established as the policy-
making legislative body of the city. The council
consists of eight (8) members with two (2) mem-
bers elected from each of four (4) districts. The
council shall appoint citizens to all boards and
commissions on an equal representation basis.
The charter provides that all elections are to be
nonpartisan and conducted in accordance with
Colorado Municipal Election Law. All city officials
are elected for a two-year term of office thereby
providing maximum accountability to the citi-
zens. The treasurer and city clerk remain elected
officers ofthe city. The city council also appoints a
city manager to run the daily affairs of the city.
The rights of the people have been retained
through powers of recall, initiative and referen-
Supp. No. 18
CHARTER
U.2
dum. Significant tax limitations existing under
present state law also are incorporated into this
charter.
The proposed charter is a document of consen-
sus and compromise. The significant consider-
ation is the charter itselfand there is no substi-
tute for reading it in its entirety.
(Ord. No. 1996-1038, ~ 1, 7-22-96)
PREAMBLE
We, the people of the City of Wheat Ridge,
Colorado, under the authority of the Constitution
of the State of Colorado and in order to exercise
the rights, privileges and responsibilities of self-
government granted to use by the said Constitu-
tion, do ordain and establish this home rule
charter for the City of Wheat Ridge, Colorado.
CHAPTER I. GENERAL PROVISIONS
Sec. 1.1. Name and boundaries.
The municipal corporation heretofore existing
as the "City of Wheat Ridge" in Jefferson County
of Colorado shall remain and continue as a body
politic and corporate and under this Charter shall
be known as the "City of Wheat Ridge" with the
same boundaries until changed in a manner au-
thorized by law.
Sec. 1.2. Rights and liabilities.
By the name of the City of Wheat Ridge, the
municipal corporation shall have perpetual suc-
cession, shall own, possess and hold all property,
real and personal, heretofore owned, possessed
and held by the City of Wheat Ridge and does
assume and manage and dispose of all trusts in
any way connected therewith; shall succeed to all
the rights and liabilities and shall acquire all
benefits and does assume and shall pay all bonds,
obligations and indebtedness of said City of Wheat
Ridge; may, in the name of the City of Wheat
Ridge, sue and defend, plead and be impleaded in
all courts and places and in all matters and
proceedings; may purchase, receive, hold and en-
joy, or sell and dispose of real and personal
property.
5
~ 1.3
WHEAT RIDGE C1TY CODE
.
Sec. 1.3. Powers of self-government.
The city shall have all the power of local
self-government and home rule and all powers
possible for a city to have under the Constitution
of the State of Colorado. The city shall also have
all powers that now or hereafter may be granted
to municipalities by the statutes of the State of
Colorado. The enumeration of particular powers
in this Charter shall not be deemed to be exclu-
sive of others. All such powers shall be exercised
in the manner prescribed in this Charter or, if not
provided for herein, in such manner as shall be
provided by ordinance of the council of the city.
e
.
.
.
Supp. No. 18
6
.
. i
5h
OJ
"~
A
ill
Ul
~
=
~
Qj
~
...
Qj
~
g,
~
OJ
a
Ei
,;;
"
s
0
='"
Jl ~
'"
OJ Z
. .: 0
j ;::
u
w
~
Qj :;:
.c
- <(
Oi a:
<:J
.<:: <(
'" 0
...
~
.<::
Q
'"
~
$
1l
"Cl
1l ">
e
Qj ""
I g
Ei
E
~ Qj
~
.... g,
0 -
. e OJ
""
~ "<3
.~
'<j1 Ei
...; Qj
. ol .<::
Ql E-<
rn
Supp. No. 19
CHARTER
>
-;; "0 :;
I ~ "
- c 'S " -
0 0
., "0 "
. <fl <(
'5 0 .~ ~~ >=g
0:
'u <( '5 "0 2; g ....
-' c 0 0 = c ~ '0
= OJ U 0 U
U 0 g "
u <( "
z 5
- :;) "
0
u 0
.c
u
0
.
E
g
~ I--
- " '0
" ~
'u '; c
. C 0 0
= u "
:;: "
5
-
w
,...
<( u .?: <fl >
a: '" a: .~ '0 ,... .0
0 - > a: w > ~ "0 Z "0
,... ""w <:J .0 ~ W . .
u u-' <( "0 ~ '" ::; ;: '"
w U .
-' z 3 u :s "0 ,... '0 ~
. = a: c
w <( c c :3 .0 " ~
::; '0 = E ~ <( ~:;:
w ,,0 "0 .~ <; . 0-
<:J ~u ~ . w
" > ;; ~ 0 0 ;; 0 . >
0: t: 1! .~ " ~ " u .~
. > ~U
U <: . ~ . t: .
,... u 0 0: <> d:: ~
<( u
w . . .
I
;:
0:
w
- a: -
> :;)
,... <fl
- U <(
w
a:
,...
-- -
- --
- ~
~ > ;;
0 0
.i! " <:J u
'" "0
0 ;; a
0: =' "0 . >
0 "0 0 ~ 0
. ; . "
> u 0 ~ .[
<( I 0- .
. "0 "0
- :;: w . " 0 ., .,
u ~ ;; . "
. . . > d:: :2
w -'
U
. . .
7
U.4
~
'"
'"
c:,
""
,
t-
.-.
'"'"
"'<1'-
'"
o
~
<b
'"
'"
~
ci
Z
-d
...
o
~
~ 1.5
WHEAT RIDGE CITY CODE
Sec. 1.5. Present ordinances.
All ordinances of the City of Wheat Ridge in
force at the time this Charter goes into effect shall
continue in force except insofar as they may
conflict with the provisions of this Charter or
shall be amended or repealed by ordinances en-
acted under the authority of this Charter.
CHAPTER II. ELECTIONS
Sec. 2.1. Colorado municipal elections laws
adopted.
City elections shall be governed by the Colo-
rado municip-al elections laws as now existing or
hereafter amended or modified, except as other-
wise provided by this Charter, or by ordinance
hereafter enacted.
Sec. 2.2. Municipal elections.
A general municipal election shall be held on
the first 'fuesday after the first Monday in No-
vember of 1979, and every two (2) years thereaf-
ter. Any special municipal election may be called
by resolution or ordinance of the city council at
least sixty (60) days in advance of such election.
The resolution or ordinance calling aspecial mu-
nicipal election shall set forth the purpose or
purposes of such election. Polling places for all
municipal elections shall be open from 7:00 a.m.
to 7:00 p.m. on election day.
Sec. 2.3. Disclosure.
The city council shall, within six (6) months of
the adoption ofthis Charter, adopt and thereafter
maintain, by resolution or ordinance, an election
code of-ethics covering the conduct of municipal
elections and conduct of candidates for municipal
office; and which shall include, but not necessar-
ily be limited to, disclosure of all campaign con-
tributions and expenditures of an amount in
excess of that which the council may detennine
and the names of the contributions and the recip-
ients thereof.
electors of the city. These two (2) registered elec-
tors during their tenn of office shall not be elected
city officers or employees or candidates or nomi-
nees for elective city office. These two (2) mem-
bers shall be appointed by the city council in the
first December meeting following a regular city
election, for a term of two (2) years.
(b) The city clerk shall be chairperson. The
election commission shall have charge of all ac-
tivities and duties required of it by statute, ordi-
nance and this Charter relating to the conduct of
elections in the city. In any case where election
procedure is in doubt, the election commission
shall prescribe the procedure to be followed.
(c) The commission shall provide procedures to
establish proof of residency qualification where
residency is in question. Upon a showing for good
cause, the election commission may require proof
of residency by any person registered to vote or
attempting to register to vote in the City of Wheat
Ridge. Said person shall not be qualified to vote in
any municipal election until the election commis-
sion is satisfied that he has presented sufficient
proof of residency as required by statute or ordi-
nance adopted pursuant to this Charter.
(d) The election commission shall provide for:
ballots, sample ballots and any voting methods as
approved by state statutes; the determination of
the winner by lot in the event of a tie vote; the
canvass of returns; and the issuance of appropri-
ate certificates.
(e) A member of the election commission shall
not act as a judge of an election.
.
e
.
Sec. 2.5. Nonpartisan elections.
All special and general elections shall be non-
partisan. No candidate for any municipal office
shall run under any party label.
Sec. 2.6. Recall from office.
Any incumbent of an elective office may be
removed from office at any time after holding
office for six (6) months, by the qualified electors
of the city in the manner herein provided.
.
Sec. 2.4. Election commission.
(a) An election commission is hereby created, .
consisting of the city clerk and two (2) registered
Supp. No. 19 8
.
.
.
.
.
CHARTER
Sec. 2.7. Recall procedure.
The procedure hereunder to effect the recall of
any elective officer shall be as follows: One (1) or
more registered electors, in the case of a council
member, residing in the councilmember's district,
and in the case of any other elective officer
residing in the city, shall file with the city clerk an
affidavit of not more than two hundred (200)
words stating the reasons for the recall of the
elective officer sought to be removed. The city
clerk shall, within forty-eight (48) hours after the
filing of said affidavit, mail a copy by registered
mail to the elective officer sought to be recalled,
who may tile with the city clerk a sworn state-
ment in defense of the charges made against him.
After the affidavit has been filed, the city clerk
shall issue a petition for recall of the elective
officer and said petition may be circulated and
signed by registered electors who would be enti-
tled to vote upon the proposed recall question.
A petition signed by registered electors entitled
to vote for a successor of the incumbent sought to
be recalled, equal in number to twenty-five (25)
percent of the entire votes cast in the last preced-
ing election for that position, demanding a recall
of the officer named in the petition shall be filed
in the office of the city clerk.
The registered electors shall be the sole and
exclusive judges of the legality, reasonableness,
and sufficiency of such grounds assigned for such
recall, and said grounds shall not be open to
review.
The recall petition shall be filed with the req-
uisite information and signatures with the city
clerk within sixty (60) days after issuance. If said
petition is filed within the time specified, and is
proper in all respects, the council shall set a date
for a recall election to be held within sixty (60)
days from the date of flling with the city clerk,
unless a general or special municipal election will
be held within one hundred eighty (180) days
following the filing of the petition in which case
the recall election shall be held in conjunction
therewith. At such recall election, the question of
the proposed recall of a councilmember elected
from a district within the city shall be submitted
only to the registered electors of the district from
which the councilmember was elected, and the
Supp. No. 20
~ 3.1
question of the proposed recall of any other elec-
tive officer shall be submitted to the registered
electors of the city.
The ballot upon which such proposed recall is
submitted shall set forth the following question:
Shall (name of person against whom the recall
petition is flled) be recalled from the office of
(title of office)?
Following such question shall be the words "yes"
and I'no."
On such ballots, under the question, there shall
be printed the names of those persons who have
been nominated as candidates to succeed the
person sought to be recalled; but no vote cast shall
be counted for any candidate for such office unless
the voter also voted for or against the recall of
such person sought to be recalled from said office.
The foregoing sentence or instructions shall be
printed on the ballot. The name of the person
against whom the petition is flled shall not ap-
pear on the ballot as a candidate for the office.
Any registered elector desiring to become a
candidate at a recall election shall fife his petition
with the city clerk shall not less than twenty-five
(25) days prior to the recall election. All petitions
and procedures shall be in conformance with the
other provisions of elections in this Charter.
If a vacancy occurs in said office after a proper
petition for a recall election has been flled with
the city clerk, the election to fill the vacancy shall
nevertheless proceed as provided in this article.
The council shall make such additional rules
and regulations as necessary to implement the
above procedures.
(Ord. No. 865, ~ 3(A), 6-24-91)
CHAPTER ID. MAYORAND
ADMINISTRATION
Sec. 3.1. Election of mayor.
The mayor shall be elected by a majority vote of
the electors of the City of Wheat Ridge at each
general municipal election, and shall have the
same qualifications as members of the council.
Commencing with the general municipal election
9
~ 3.1
WHEAT RIDGE C1TY CODE
held on the first Tuesday after the first Monday in
November, 1997, his term of office shall be for four
(4) years and shall commence on his taking the
oath of office at the ensuing organizational meet-
ing of the city council held after the election in the
year elected and shall continue during the term
for which he shall have been elected until his
successor shall have been elected and duly qual-
ified.
No person shall serve in the office of mayor for
more than two (2) consecutive terms of office. This
limitation on the number of consecutive terms
shall apply to terms of office commencing on or
after November 4, 1997. Any person who succeeds
to the office of mayor, and who serves at least
one-half of a term in the office, shall be considered
to have served a full term in that office. Terms are
considered consecutive unless separated by at
least four (4) full years.
(Ord. No. 864, g 3(a), 6-24-91; Ord. No. 1997-1081,
g 1, 7-28-97)
Editor's note-The amendments to ~ 3.1 above were
ratified at referendum held Nov. 4, 1997.
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the
city government for all legal and ceremonial pur-
poses. All contracts in writing binding the city, all
conveyances of interests in land by the city, and
any other documents requiring his signature shall
be signed by the mayor (or person acting as mayor
as herein provided).
The mayor shall be the chief elected officer of
the city. The mayor shall be responsible for the
efficient administration of all affairs of the city
placed in his charge. The mayor shall serve as a
liaison between the city council and the city
administration, including, but not limited to, at-
tendance at meetings and special events involv-
ing the city administration.
The mayor shall be a conservator of the peace,
and in emergencies may exercise within the city
the powers conferred by the Governor of the State
of Colorado for the purposes of military law, and
shall have the authority to command the assis-
tance of all able-bodied citizens to aid in the
enforcement of the ordinances of the city and to
suppress riot and disorder. Except as may be
Supp. No. 20
required by statute, the mayor shall exercise such
other powers as the council shall confer upon him.
The mayor shall have the power to veto any
ordinance passed by the council in accordance
with the procedure set forth in section 5.14 of this
Charter. The mayor shall also preside over city
council meetings.
In the event of a tie vote by the city council,
except upon adoption or amendment of the bud-
get, the mayor shall cast a tie-breaking vote. In no
other instance shall the mayor cast a vote on a
matter presented to the council for decision. On
any ordinance upon which the mayor has cast a
tie-breaking vote, the mayor shall not exercise his
power to veto said ordinance.
(Ord. No. 863, g 3, 6-24-91; Ord. No. 1996-1038, g
1, 7-22-96)
Sec. 3.3. Mayor pro tempore.
The council shall elect one (1) ofits members to
serve as the mayor pro tempore of the city. He
shall serve in place of the mayor during the
absence or disability of the mayor with all powers
and duties of the mayor, except he shall not have
the power to veto ordinances. In case of a vacancy
in the office of mayor, the mayor pro tempore shall
serve as mayor only until the vacancy is filled, as
provided in section 3.11.
Sec. 3.4. Manager.
The city manager shall be the chief adminis-
trative 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 (30) days) of the city
manager. Any acting city manager shall have all
of the responsibilities, duties, and authority of the
10
.
.
.
.
.
.
.
.
.
.
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.
The city manager shall be appointed with re-
gard to fitness, competency, training, and experi-
Supp. No. 20
CHARTER
~ 3.4
10.1
.
e
.
.
.
ence in professional urban administration. At the
time of his appointment, the city 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 manager during or within
one (1) year after the termination of his elected
term.
The city manager is responsible to the council
for the operation of the city and may be dismissed
by the council should it determine that such
removal is in the best interest of the city. Dis-
missal 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.
The duties of the city manager shall include,
but not be limited to, the following:
(a) Be responsible for the enforcement of the
laws and ordinances of the city;
(b) Hire, suspend, transfer and remove city
department heads, who serve under the
jurisdiction, and at the will of, the city
manager;
(c) Make appointments of subordinates on
the basis of merit and fitness;
(d) Cause a proposed budget to be prepared
annually and submitted to the council
and be responsible for the administration
of the budget after its adoption;
(e) During the month of July, and as often as
the council may require, prepare and sub-
mit to the council a budget status and
forecast report with any recommenda-
tions for remedial action;
(I) Prepare and submit to the council, as of
the end of the fiscal year, a complete
report on finances and administrative ac-
tivities of the city for the preceding year
and, upon the request of the council, make
written or verbal reports at any time
concerning the affairs of the city under his
supervision;
(g) Keep the council advised of the fmancial
condition and future needs ofthe city and
Supp. No. 18
CHARTER
~ 3.6
make such recommendations to the coun-
cil for adoption as he may deem necessary
or expedient;
(h) Exercise supervision and control over all
departments under his jurisdiction.
(i) Be responsible for the enforcement of all
terms and conditions imposed in favor of
the city in any contract or public utility
franchise, and upon knowledge of any
violation thereof, report the same to the
council for such action and proceedings as
may be necessary to enforce the same;
(j) Provide for engineering, architectural,
maintenance, and construction service re-
quired by the city;
(k) Attend council meetings and participate
in discussions with the council in an ad-
visory capacity;
(1) Perform such other duties as may be
prescribed by this Charter, by ordinance
or required of him by council and which
are not inconsistent with this Charter.
(Ord. No. 865, * 3CB), 6-24-91; Ord. No. 1996-
1038, * 1, 7-22-96)
Sec. 3.5. Administrative departments.
The administrative functions of the city shall
be performed by the departments existing at the
time this Charter is. adopted and such other
departments as may be hereafter established by
ordinance. The council may, by ordinance, consol-
idate, merge or abolish any of said departments.
Each department shall be under the immediate
control and supervision of a department head
appointed by the city manager and subject to
dismissal by him.
Card. No. 1996-1038, * 1, 7-22-96)
Sec. 3.6. Relationship of administrative ser-
vice to councila
The city manager shall be held accountable to
the council for his actions and those of his subor-
dinates.
Card. No. 1996-1038, * 1, 7-2-96)
11
~ 3.7
WHEAT RIDGE CITY CODE
Sec. 3.7. Election of city clerk.
The city clerk shall be elected by a majority
vote of the electors ofthe City of Wheat Ridge at
each general municipal election, and shall have
the same qualifications as members of the coun-
cil. His term of office shall be for two (2) years and
shall commence on his taking the oath of office at
the ensuing organizational meeting of the city
council held after the election in the year elected
and shall continue during the term for which he
shall have been elected until his successor shall
have been elected and duly qualified.
Sec. 3.8. Duties of the city clerk.
(a) The city clerk shall be the clerk of the
council and shall attend all meetings of the coun-
cil and shall keep a permanent journal of its
proceedings.
(b) The city clerk shall be the custodian of the
seal ofthe city and shall affix it to all documents
and instruments requiring the seal and shall
attest the same. He shall also be custodian of all
papers, documents and records pertaining to the
city, the custody of which is not otherwise pro-
vided for.
(c) The city clerk shall certifY by his signature,
all ordinances and resolutions enacted or passed
by the council.
(d) The city clerk shall provide and maintain
in his. office a supply of forms for all petitions
required to be fIled for any purpose by the provi-
sions of this Charter or by ordinance enacted
hereunder.
(e) The city clerk shall have power to admin-
ister oaths of office.
(D The city clerk shall be the chairperson of
the election commission.
(g) The city clerk shall publish all notices,
proceedings, and other matters required to be
published.
(h) The city clerk shall supervise the staff
under his jurisdiction.
(i) The city clerk shall perform such other
duties as may be prescribed by this Charter or by
ordinance.
Supp. No. 18
Sec. 3.9. Election of treasurer.
The treasurer shall be elected by a majority
vote of the electors of the City of Wheat Ridge of
each general municipal election, and shall have
the same qualifications as members of the coun-
cil. His term of office shall be for two (2) years and
shall commence on his taking the oath of office at
the ensuing organizational meeting of the city
council held after the election in'the year elected
and shall continue during the term for which he
shall have been elected until his successor shall
have been elected and duly qualified.
Sec. 3.10. Duties of the treasurer.
(a) It shall be the treasurer's responsibility to
establish a system of accounting and auditing for
the city which shall reflect, in accordance with
generally accepted accounting principles, the fi-
nancial condition and operation of the city.
(b) The treasurer shall be custodian of all
public monies belonging to or under the control of
the city, or any office, department, or agency of
the city, and shall deposit or invest all monies as
directed by the council. All interest earnings shall
be the property ofthe city and shall be accounted
for and credited to the proper city fund.
(c) The treasurer shall collect, receive, and
disburse on proper authorization, all monies re-
ceivable by the city and all other monies for which
the city is responsible for holding in trust.
(d) The treasurer shall supervise the staff un-
der his jurisdiction.
(e) The treasurer shall perform all other duties
as may be required by ordinance pursuant to this
Charter.
Sec. 3.11. Vacancies in elective offices.
(a) An elected official shall continue to hold his
office until his success.or is duly qualified. An
elective office shall become vacant whenever any
officer is recalled, dies, becomes incapacitated,
resigns, refuses to serve, ceases to be a resident of
the city, or is convicted of a felony.
(b) If a vacancy occurs in the office of mayor,
the council shall call a special election within
12
.
.
.
.
.
.
.
.
.
.
CHARTER
sixty (60) days to elect a new mayor, unless said
vacancy occurs within one hundred eighty (180)
days of the general municipal election.
(c) If a vacancy occurs in the office of the city
clerk or city treasurer, no special election shall be
called but such vacancy shall be filled by appoint-
ment by the council for the remainder of the term.
Sec. 3.12. Compensation of elected officials.
Elected officials shall receive such compensa-
tion as the council shall prescribe by ordinance;
provided they shall neither increase nor decrease
the compensation of any elected official during his
term of office. Elected officials may, upon order of
the council, be paid such necessary bona fide
expenses incurred by him in service in behalf of
the city as are authorized and itemized.
Sec. 3.13. Oath of office.
Every elected officer under this Charter, before
entering upon the duties of his office, shall take
an oath or affirmation of office, that he will
support the Constitution and the laws of the
United States and of the State of Colorado, and
this Charter and the ordinances of the city, and
will strive to be responsive to all citizens of the
city and will faithfully perform the duties of his
office upon which he is about to enter.
In case offailure to comply with the provisions
of this section within ten (10) days from the date
of his appointment, or within ten (10) days from
the date prescribed in this Charter to take office,
such officer shall be deemed to have declined the
office and such office shall thereupon become
vacant unless the council shall by motion or
resolution, extend the time in which such officer
may qualify as set forth in this section.
Sec. 3.14. Conflict of interest.
No elected official during his term of office
shall be a compensated employee of the city, nor
shall he have any material or significant financial
interest, direct or indirect, with the city. In the
event that any elected official or any member of
his family has such interest, said elected official
shall declare such interest. If any elected official
fails to declare such interest, the council shall
Supp. No. 20
H.3
determine by a majority vote whether said inter-
est does in fact constitute a conflict of interest.
When such conflict of interest is establishe~, the
council shall take any action it deems to be m the
best interest of the city.
Sec. 3.15. Bonding of employees.
All city officials and employees dealing directly
with municipal funds or substantial inventories
of material and supplies shall post bond in an
amount and under such conditions as required by
the council, and at the expense of the city.
CHAPTER IV. COUNCIL
Sec. 4.1. The city council.
The city council shall consist of eight (8) mem-
bers. Two (2) councilmembers shall be' elected
from each of the four (4) districts.
Sec. 4.2. Council districts.
The city is hereby divided into four (4) districts.
The districts shall be contiguous and compact,
and shall be approximately equal in population.
The council shall complete the apportionment
of the city into four (4) districts prior to December
31,1978, for the purpose of the November 6,1979,
general municipal election. Thereafter the council
shall cause such changes as are necessary to carry
out the intent of this section to be made no less
than six (6) months prior to the general municipal
election every four (4) years.
Sec. 4.3. Terms of office.
(a) The terms of office of the councilmembers
hereafter to be elected in accordance with the
provisions of this Charter shall commence on
their taking the oath of office at the ensuing
organizational meeting of the city council held
after the election in the year elected and shall
continue during the term for which they shall
have been elected until their successors shall
have been elected and duly qualified.
(b) At the general municipal election held on
the first Tuesday after the first Monday in No-
vember, 1997, two (2) councilmembers shall be
13
H.3
WHEAT RlDGE CITY CODE
elected from each of the four (4) council districts,
as follows: The candidate receiving the highest
number of votes in each district shall be elected to
a four-year term of office, and the candidate
receiving the second highest number of votes in
each district shall be elected to a two-year term of
office.
(c) At the general municipal election held on
the first Tuesday after the first Monday in N 0-
vember, 1999, and every two (2) years thereafter, .
one councilmember from each of the four (4)
council districts shall be elected to a four-year
term of office.
(d) It is the intent of this section that
councilmembers serve four-year staggered terms
of office with four (4) councilmembers elected at
each general municipal election.
(Ord. No. 1997-1082, ~ 1, 7-28-97)
Editor's note-The amendments to ~ 4.3 above were
ratified at referendum held Nov. 4, 1997.
Sec. 4.4. Qualifications.
(a) No person shall be eligible to hold the office
of a councilmember unless, at the time of his
election, he is a registered elector, as defined by
Colorado Revised Statutes, and is a resident of
the district from which he is elected for a period of
at least twelve (12) consecutive months immedi-
ately preceding the date of the election.
In the event of annexation, any person who
lives in the annexed area for a period of twelve
(12) consecutive months immediately preceding
the date of election will be deemed a resident of
the city, and a resident of the district and may nm
as a councilmember from that district. In the
event. that council boundary lines are changed, a
prospective councilmember shall be eligible to nm
from the newly defined district if he has been a
resident ofthe city and the district from which he
is elected for a period of at least twelve (12)
consecutive months immediately preceding the
date of election.
(b) Each councilmember shall maintain his
residency in the city and district throughout his
term of office. If an elected official shall move
from the city or district during his term of office,
Supp. No. 20
his seat shall be declared vacant and such va-
cancy shall be filled by the city council as provided
by this Charter.
(c) The city council shall be the judge of the
election and qualifications of its own members.
(d) No person shall serve in the office of city
councilmember for more than two (2) consecutive
terms of office. This limitation of the number of
consecutive terms shall apply to terms of office
commencing on or after November 4, 1997, except
as provided at subsection (e) hereof. Any person
who succeeds to the office of councilmember, and
who serves at least one-half of a term in that
office, shall be considered to have served a full
term in that office. Terms are considered consec-
utive unless separated by at least four (4) full
years.
(e) Incumbent councilmembers as of Novem-
ber 3, 1997, shall be eligible for re-election as
follows:
(1) Incumbent councilmembers who will com-
plete six (6) consecutive years in office on
November 4, 1997, are eligible for re-
election for either one two-year term or
one four-year term in the November 4,
1997 election.
(2) Incumbent councilmembers who will com-
plete four (4) consecutive years in office on
November 4, 1997, are eligible for re-
election for one two-year term in the No-
vember 4, 1997, election and one subse-
quent four-year term in the November,
1999, election or one four-year term in the
November 4, 1997, election.
(3) Incumbent councilmembers who will com-
plete two (2) consecutive years in office on
November 4, 1997, are eligible for re-
election for one two-year or one four-year
term in the November 4, 1997, election
and one subsequent four-year term in
either the November, 1999 or 2001 elec-
tion.
(4) Aperson elected in the November 4,1997,
election for a two-year term who is not an
14
.
.
.
.
.
.
.
.
.
.
incumbent on November 3,1997, may be
re-elected for two (2) additional four-year
terms in November, 1999 and 2003.
(Ord. No. 864, ~ 2, 6-24-91; Ord. No. 865, ~ 3(A),
6-24-91; Ord. No. 866, ~ 1, 6-24-91; Ord. No.
1997-1082, ~ 1,7-28-97)
Editor's note--The amendments to ~ 4.4 above were
ratified at referendum Nov. 4, 1997.
Sec. 4.5. Vacancies.
(a) A councilmember shall continue to hold his
office until his successor is duly qualified. A
council position shall become vacant whenever
any councilmember is recalled, dies, becomes in-
capacitated, resigns, refuses to serve, or ceases to
be a resident of the city or district from which
elected, or is convicted of a felony.
(b) Within thirty (30) days after a vacancy
occurs on the council, the remaining
. councilmembers shall choose by majority vote a
duly qualified person from the proper district to
fill such vacancy. He shall serve the unexpired
term until the following municipal election and
his successor is duly qualified. If three (3) or more
council vacancies exist simultaneously, the remain-
ing councilmembers shall, at the neJ:<t regular
meeting of the council, call a special election
within sixty (60) days to fill such vacancies,
provided there will not be a general municipal
election within one hundred eighty (180) days and
provided that their successors have not previ-
0usly been elected.
Sec. 4.6. Compensation.
The members of the council shall receive such
compensation as the council shall prescribe by
ordinance; provided, however, that the compensa-
tion of any member during his term of office shall
not be increased or decreased. Councilmembers
may, upon order of the council, be paid such
necessary bona fide expenses as may be incurred
by them in service in behalf of the city as are
authorized and itemized.
Sec. 4.7. Powers of council.
The council shall constitute the legislative body
of the city and shall have all legislative powers
and functions of municipal government, except as
otherwise provided in this Charter, and shall
Supp. No. 20
CHARTER
. ~ 4.7
14.1
.
e
.
.
.
have the power and authority to adopt such
ordinances, resolutions, motions and rules as it
shall deem proper.
Sec. 4.8. Oath of office.
Every councilmember under this Charter, be-
fore entering upon the duties in his office, shall
take an oath or affirmation of office, that he will
support the Constitution and the laws of the
United States and of the State of Colorado, and
this Charter and the ordinances of the city, and
will strive to be responsive to all citizens of the
city, and will faithfully perform the duties of his
office upon which he is about to enter.
In case of failure to comply with the provisions
of this section within ten (10) days from the date
prescribed in this Charter to take office, such
officer shall be deemed to have declined the office
and such office shall become vacant unless council
shall by motion or resolution extend the time in
which such officer may qualify as above set forth.
Sec. 4.9. Relationship to administrative ser-
vice.
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 the city manager, and neither
council nor its members shall give orders or
reprimands to any employee or subordinate of the
city manager. The council retains the prerogative
of requiring the city manager to make verbal or
written reports of his activities, those of his
subordinates and the administrative service un:.
der his charge, not in conflict with other provi-
sions of this Charter.
(Ord. No. 1996-1038, ~ 1, 7-22-96)
Sec.' 4.10. Conflict of interest.
No member of the council, during his tenn of
office, shall be a compensated employee of the
city, nor shall he have any material or significant
financial interest, direct or indirect, with the city.
In the event that any councilmember or any
member of his family has such interest, said
councilmember shall declare such interest. If any
Supp. No. 18
CHARTER
* 5.2
councilmember fails to declare such interest, the
remaining members of the council shall deter-
mine by a majority vote whether said interest
does in fact constitute a conflict of interest. When
such conflict ofinterest is established, the remain-
ing councilmembers shall take any actions they
deem to be in the best interest of the city.
CHAPTER V. COUNCIL PROCEDURE
AND LEGISLATION
Sec. 5.1. Regular meetings.
The council shall meet regularly at least twice
each month at a day and hour to be fixed by the
rules of council. The council shall determine the
rules of procedure governing meetings. At the
first regular meeting following each general mu-
nicipal election, the council shall organize as a
matter of business and shall not be restricted
from transacting other proper business.
Sec. 5.2. Special meetings.
(a) A special meeting may be called by the city
clerk on the written request of the mayor or any
two (2) members of the council provided that each
member of the council is given written notice at
least twenty-four (24) hours before the time set
for such meeting. Such notice may be either
personally served or left at the usual place of
abode of the members of the council. Notice of
such special meeting shall also be posted in the
office of city clerk and published in a newspaper of
general circulation in the City of Wheat Ridge at
least twenty-four (24) hours prior to such a spe-
_cial session.
(b) An emergency special meeting may be called
by the city clerk at any time on a written request
from the mayor or five (5) members of the council.
Such request shall state that the matter to be
considered is an emergency of such gravity that
irreparable harm would come to the city if there
was any further delay in council action. The
nature of the emergency shall be stated in detail
in a written notice to each councilmember, a
notice posted in the office of the city clerk, and in
the minutes of the special meeting. A vote shall
also be taken at the beginning of such special
15
~ 5.2
WHEAT RIDGE CITY CODE
meeting as to whether there is in fact an emer-
gency and the vote of each member of the council
shall be individually recorded.
Sec. 5.3. Business at special meetings.
No business shall be discussed or transacted at
any special meeting of the council unless it has
been stated in the official notice of such meeting
issued by the city clerk.
Sec. 5.4. Quorum; adjournment of meeting.
I A majority of the members of the council in
office at the time shall be a quorum for the
transaction of business at all council meetings,
but in the absence of a quorum a lesser number
may adjourn any meeting to a later time or date,
and in the absence of all members the city clerk
may adjourn any meeting for not longer than one
(1) week.
Sec. 5.5. Council attendance at meetings.
A majority of the members of the council may,
by vote, either request or compel the attendance
of its members and other officers ofthe city at any
meeting of the council. Any member of the council
or other officer who then [when] notified of such
request for his attendance fails to attend such
meeting for reasons other than confining illness
or absence from the city, or because said
councilmember or officer is attending a meeting
as a representative of the city, shall be deemed
guilty of misconduct in office unless excused by
the council.
Sec. 5.6. Meetings to be public.
All regular and special meetings of the council
shall be open to the public, except executive
sessions held in accordance with section 5.7, and
citizens shall have a reasonable opportunity to be
heard under such rules and regulations as the
council may prescribe.
Sec. 5.7. Executive sessions.
(a) An executive session of the city council may
be convened only if the majority of the council
vote publicly to hold such a session, the subject
matter to be considered is one of those listed in
Supp. No. 18
subsection (b) of this section and a public an-
nouncement is made as to which category of
subsection (b) the matter concerns. No formal
votes may be taken in any executive session
unless they concern a matter included as a cate-
gory of subsection (b) of this section.
(b) An executive session may be convened only
on the following matters:
(1) Legal Consultation. The city council may
convene an executive session under the
following conditions:
(A) A suit has been filed against the city
or the city has received formal writ-
ten notice that a suit against the city
is imminent.
(B) The city council is considering insti-
tuting legal action against another
party.
(C) The city council has knowledge of
violations of the law and is consider-
ing the possibility of criminal prose-
cution.
(2) Personnel Matters. No executive session
shall be held to consider any personnel
matter that concerns the city manager
unless the matter concerns a subject cov-
ered under another category of this sub-
section. Personnel matters concerning city
employees may be considered in an exec-
utive session if that employee requests
such a session. However, no request of the
employee is required if the matter con-
cerns a subject covered under another
category of this subsection.
(3) Real Estate Appraisals. The city council
may convene an executive session to con-
sider real estate appraisals made for the
purpose of the possible acquisition of real
property or an interest therein for public
use, or the sale of any real property owned
by the city. However, no executive session
shall be convened to discuss the merits of
purchasing real property for public use or
the sale of real property owned by the city,
or any other matters pertaining to land
acquisition or sale.
16
.
.
.
.
.
.
e
.
.
.
CHARTER
(c) The city clerk shall make a tape recording
and prepare the minutes of all executive sessions.
Such recordings and minutes shall be closed to
the public unless a majority of the council votes to
make them available to the public. The mayor,
any member of the council, or the city attorney
may examine such tapes or minutes at any rea-
sonable time under the direct supervision of the
city clerk. The city clerk may also release such
tapes and minutes pursuant to a valid court order
in any action challenging the legitimacy of an
executive session.
(Ord. No. 1996-1038, ~ 1, 7-22-96)
Sec. 5.8. Council acts.
The council shall act only by ordinance, resolu-
tion or motion. All legislative enactments of a
permanent nature shall be by ordinance; all other
actions, except as provided in this Charter, may
be in the form of resolutions or motions. All
ordinances and resolutions shall be confined to
one (1) subject, except in the case of repealing
ordinances. Ordinances making appropriations
shall be confined to the subject of appropriation,
but may include more than one (1) appropriation.
Sec. 5.9. Voting.
The vote by "yes" or "no" shall be taken upon
the passage of all ordinances, resolutions, and
motions and entered upon the minutes of the
council proceedings. Every ordinance shall re-
quire the affirmative vote of the majority of the
entire council for final passage, except as pro-
vided for zoning and rezoning ordinances in sec-
tion 5.10, sale of real property in section 16.5 or
elsewhere provided in this Charter. Resolutions
and motions shall require the affirmative vote of a
majority of the councilmembers present. No mem-
ber of the council shall vote on any question in
which he has a personal or financial interest,
other than the common public interest, or on any
question concerning his own conduct, and in said
instances the member shall disclose this interest
to the council. On all other questions each mem-
ber who is present shall vote unless excused by
the unanimous consent of the remaining mem-
bers present. Any member refusing to vote, except
when not so required by this paragraph, shall be
guilty of misconduct in office. At the request of
Supp. No. 18
~ 5.10
any member of the council any vote shall be taken
simultaneously in a manner prescribed by the
council; provided, however, that the vote of each
member shall be publicly announced immediately
thereafter.
Sec. 5.10. Action by ordinance required.
In addition to such acts of the council as are
required by other provisions of this Charter to be
by ordinance, every act amending or repealing
any ordinance or section of an ordinance, making
an appropriation, creating an indebtedness, au-
thorizing borrowing of money, levying a tax, es-
tablishing any rule or regulation for the violation
of which a penalty is imposed, or placing any
burden upon or limiting the use of private prop-
erty, shall be by ordinance; provided, however,
that this section shall not apply to the budget
adoption in section 10.9. Zoning and rezoning
shall be governed by the statutes of the State of
Colorado as now existing or hereafter amended or
modified unless superseded by new procedures
set forth in a duly adopted ordinance, except as
follows:
The council shall have the power to amend,
supplement, change, or repeal the regulations,
restrictions and boundaries of zoning districts
within the city. Such changes shall be adopted by
ordinance after a public hearing at which parties
in interest and citizens shall have an opportunity
to be heard.
In the event of a protest against such changes
signed by the owners of twenty (20) percent or
more of the area:
(1) Of the property included within the pro-
posed change; or,
(2) Of those immediately adjacent to the rear
or any side of the property, extending one
hundred (100) feet from. the property; or,
16.1
~ 5.10
. WHEAT RlDGE C1TY CODE
(3) Of those directly opposite across the street
from the property, extending one hundred
(100)feetJ'rom the street frontage of such
opposite property,
such changes shall not become effective except by
the favorable vote of three-fourths of the entire
city counciL Where land within the area proposed
for change, or adjacent or opposite land as defmed
above is owned by the City of Wheat Ridge, such
Supp. No. 18
.
.
.
e
.
16.2
e
property shall be exel uded in computing the re-
quired twenty (20) percent, and owners of noncity
land within the one-hundred-foot limit as defined
above shall be considered adjacent or opposite
despite such intervening city land.
The written protest to such changes shall be
submitted to the city council no later than the
hearing on the proposed amendment. At least fif-
teen (15) days' notice of the time and place of the
hearing, and the address and legal description of
the property, shall be published in an official paper
or paper of general circulation within the city,
and notice of the hearing shall also be posted on
the property so that it is easily visible to neigh-
boring property owners. Said notices shall con-
tain the statement that specific plans for the pro-
posed changes are available for inspection at the
Wheat Ridge City Hall.
(As amended 7-12-83. Effective upon adoption
7-12-83)
e
Sec. 5.10.1. Building height and density
limitations.
(a) Height limitatwns. The city shall not, by
ordinance, resolution, motion, permit, or other
action, or variance except as provided in subsec-
tion (e), allow the construction of buildings or
other structures which exceed the following max-
imum heights:
(1) Thirty-five (35) feet for the following: All
residential, planned residential and agri-
cultural districts, including any created mrer
passage of this amendment; residential build-
ings when built in nonresidential districts;
the hospital-one district; and the restricted
commercial-one district.
.
(2) Fifty (50) feet for the following: Any other
commercial, planned commercial, industrial
or planned industrial districts; the public
buildings and facilities district; commercial
and office buildings constructed in the
hospital.two district; and any nonresiden-
tial district created after passage of this
amendment.
(3) Sixty-five (65) feet, but in no event more
than six (6) stories above grade, for new
hospitals in the hospital-two district, on a
CHARTER
,5.10.1
minimum lot area of fifty (50) acres; how-
ever, additions attached to existing hospi-
tals in this district may be built to a height
not to exceed the height of the existing
building.
The height limitations established shall not apply
to the following: Church steeples, silos, decora-
tive domes and cupolas not used for human occu-
pancy or any commercial, business or industrial
use, nor to windmills, chimneys, ventilators, trans-
mission towers, solar heating and cooling devices,
water towers, antennas, or necessary mechanical
appurtenances normally carried above the roofline,
but the city council may, by ordinance, establish
height limitations for these structures.
(b) Density Limitatwns. The city shall not, by
ordinance, resolution, motion, variance, permit
or other action, allow the construction of residen-
tial buildings in any zone district which exceed a
maximum of twenty-one (21) family units per acre,
except that nursing homes shall not be required
to meet this density maximum. In order that land
required to support a previous building permit
not be used again as a means of circumventing
the above maximum, the following shall apply:
No subdivision, variance, rezoning or permit shall
be approved or granted on said land which sub-
tracts the supporting land and thereby leaves the
existing building nonconforming by these stand-
ards. The maximum of twenty-one (21) units per
acre shall apply to the total parcel, including both
existing and proposed construction.
(c) DefinitWns.
(1) Height: The vertical distance measured from
the average elevation of the finished grade
of the building to the highest point of the
roof surface if a flat roof, to the deck line of
a mansard roof, and to the mean height
level between eaves and ridge for a gable,
hip, gambrel or other roof.
(2) Residential: Intended for human occupan-
cy, including homes for the aged and nurs-
ing homes, but exeluding hospitals, and mo-
tels and hotels for transient occuJ;lancy.
(3) Family unit: One (1) or more persons re-
lated by blood, marriage, or adoption, or no
more than three (3) unrelated persons liv-
17
~ 5.10.1
WHEAT RIDGE CITY CODE
ing together as a single housekeeping unit.
This definition is intended to be utilized
and applied only as a standard for comput-
ing maximum density in new, multiunit
construction; it shall not, unless reenacted
as a portion of the Wheat Ridge Code of
Laws, be utilized for any purpose except
density computations under this Charter
section. If a single housekeeping unit is
designed for the use of more than three (3)
unrelated persons, such as, but not limited
to, the handicapped or elderly, each three
(3) persons in any such unit shall consti-
tute one (1) family unit.
(d) Nonconforming structures. This amendment
applies only to new construction; buildings and
other structures legally in existence at the time
of passage of this amendment shall not become
nonconforming because of the adoption of these
new density and height limits.
(e) Variances. The board of adjustment shall
have the power to interpret terms and definitions
in this amendment, and to allow a variance to
maximum height, not to exceed ten (10) percent,
upon a finding that not granting the variance
would cause an extreme hardship. The city coun-
cil and other boards may not grant variances from
these standards, but nothing in this amendment
shall be construed to limit the council from im.
posing more stringent height and density stand-
ards in any zoning district.
(Adopted 7-12-83; effective upon adoption)
Sec. 5.11. Form of ordinances.
Every ordinance shall be introduced in written
or printed form. The enacting clause of all ordi-
nances shall be: BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE.
The effective date of all ordinances shall be fif-
teen (15) days from the date of final publication of
said ordinance unless another date is prescribed
therein, or otherwise provided for elsewhere in
this Charter.
Sec. 5.12. Procedure.
Except for emergency ordinances, ordinances
making general codifications of existing ordinan-
.
ces, and ordinances adopting standard codes, the
following procedure for the enactment of ordinan.
ces shall be followed:
(a) The ordinance shall be introduced at any
regular meeting of the council by any memo
ber thereof.
(b) The ordinance shall be read in full or, in
cases where copies of the ordinance are avail-
able to the council and to those persons in
attendance at said council meeting, said
ordinance may be read by title only.
(c) After the first reading of the ordinance, the
same shall be approved or rejected by a
vote of the council.
(d) If the ordinance is approved on first read-
ing, it shall be published in full. The coun.
cil shall set a day, hour, and place at which
the council shall hold a public hearing on
the ordinance and notice of said day, hour
and place shall be included in the first
publication.
(e) The ordinance shall be introduced at coun-
cil a second time, at a meeting not earlier
than seven (7) days after first publication,
for final approval, rejection, or other action
as may be taken by vote of the council.
This meeting may be the same meeting at
which the public hearing on the ordinance
is held, but the public hearing shall pre-
cede action on the ordinance. The ordinance
may be amended before final approval by
vote of the council.
CD After final approval, an ordinance shall be
published by title or in full as the council
may determine. If amended, an ordinance
shall be published by title and full text of
the amendment or in full as the council
may determine.
(g) Whenever an ordinance shall be published
by reference or by title, the publication shall
contain a summary of the subject matter of
said ordinance and shall contain a notice to
the public that copies of the proposed ordi-
nance are available at the office of the city
clerk. The publication of any ordinance, by
e
.
18
.
.
.
.
.
(h)
reference or by title, as provided herein
must set forth in full any penalty clause
contained in said ordinance.
Ordinances shall be published in a news-
paper of general circulation in the City of
Wheat Ridge.
Sec. 5.13. Emergency ordinances.
Emergency ordinances for the immediate pres-
ervation of public property, health, peace, or safety
shall be approved only by the majority vote of
councilmembers present at the meeting. The facts
showing such Urgency and need shall be specifi-
cally stated in the measure itself. No ordinance
making a grant of any special privilege, levying
taxes, or fixing rates charged by any city-owned
utility shall ever be passed as an emergency
measure. An emergency ordinance shall require
passage at one (1) meeting of the council. How-
ever, neither a public hearing nor a first publica-
tion as provided in section 5.12 shall be required.
An emergency ordinance shall take effect upon
final passage. Publication shall be within ten (10)
days after passage, or as soon thereafter as pos-
sible. An emergency ordinance shall not be in
effect longer than ninety (90) days after passage,
and shall not again be passed as an emergency
ordinance.
Sec. 5.14. Veto by mayor.
The mayor shall have the power to veto any
ordinance passed by the council subject to the
following:
(a) Every ordinance passed by the council shall
be presented to the mayor within forty-
eight (48) hours thereafter. If he approves
such ordinance he shall sign it within three
(3) days after receiving it.
(b) The mayor must exercise the power of veto
with a complete written explanation of the
reasons therefor addressed and delivered
to each councilmember within seven (7)
days from the date of its final passage.
(c) The mayor's veto may be overridden only
by an affirmative vote of three-fourths of
the entire council at the next regular meet-
ing following the veto.
Supp. No. 17
CHARTER
S 5.18
(d) If the mayor does not return the ordinance
with his veto to the council within the time
specified, it shall take effect as if he had
approved it.
(e) The mayor shall not have veto power on
any emergency ordinance.
Sec. 5.15. Codification of ordinances.
The council shall cause the ordinances to be
codified and thereafter maintained in current
form. Revisions to the codes may be accomplished
by reference as provided in section 5.16.
Sec. 5.16. Standard codes adopted by refer-
ence.
Standard codes, promulgated by the federal
government, the State of Colorado, or by any
agency of either of them, or by any municipality
within the State of Colorado, or by any recognized
trade or professional organization, or amend-
ments or revisions thereof, may be adopted by
reference; provided the publication of the ordi-
nances adopting any said code shall advise that
copies are available for inspection at the office of
the city clerk, and provided that any penalty
clause in any code may be adopted only if set forth
in full and published in the adopting ordinance.
Sec. 5.17. Severability of ordinances.
Unless an ordinance shall expressly provide to
the contrary, if any portion of an ordinance or the
application thereof to any person or circum-
stances shall be found to be invalid by a court,
such invalidity shall not affect the remaining
portions or applications of the ordinance which
can be given effect without the invalid portion or
application, provided such remaining portions or
applications are not determined by the court to be
inoperable, and to this end ordinances are de-
clared to be severable.
Sec. 5.18. Disposition of ordinances.
A true copy of every ordinance, as adopted by
the council or electorate, shall be numbered and
recorded in the official records of the city. Its
adoption and publication shall be authenticated
by the signatures of the mayor or mayor pro
tern pore, and the city clerk and by the certificate
19
~ 5.18
WHEAT RIDGE CITY CODE
of publication. The failure to record, or authenti-
cate any ordinance shall not, however, invalidate,
suspend, or void such ordinance.
Sec. 5.19. Public records.
All public records of the City of Wheat Ridge
shall be open for inspection by any person at
reasonable times in accordance with state stat-
utes existing at the present time or hereafter
enacted or hereafter amended by ordinance adopted
pursuant to this Charter.
Sec. 5.20. Street width designation.
The city council shall have the sole authority
and responsibility to determine the width of all
city streets within the boundaries of the City of
Wheat Ridge. Such authority and responsibility
cannot be delegated to any other body or individ-
ual(s), the only exception being the election pro-
cedure specifically set forth in this Charter sec-
tion. Street width shall be determined by the
flowline of the street. Flowline is defined as the
measurement from the inside edge of one (1) curb
to the inside edge of the opposite curb. Where no
curb is planned to be constructed, flowline shall
be defined as the measurement from the outside
edge of one (1) side of the driving surface of the
street, to the outside edge of the opposite side of
the driving surface of the street.
Within one (1) year prior to construction or
reconstruction of a street, the city council shall
hold a public hearing to determine the flowline of
such street. Following the public hearing, the
council shall adopt such flowline as the street's
official street width designation.
In the event of a protest agaiIi.st such proposed
street width designation signed by the owners of:
(1) Twenty (20) percent of the property imme-
diately adjacent or contiguous to either
side of such street; or
(2) Ten (10) percent of the property lying within
three hundred (300) feet of either side of
such street,
such proposed street width designation shall not
become effective except by the favorable vote of
three-fourths (3/4) of the entire city council. Prop-
erty does not need to be entirely contained within
Supp. No. 17
the three hundred (300) foot area to be used in the
computation of the ten (10) percent necessary to
file a protest. Only the portion of the property
that actually lies within the three hundred (300)
foot area is used to compute the ten (10) percent
required to file a protest. Where the City of Wheat
Ridge owns property or has right-of-way within
three hundred (300) feet of either side of the
street, then such city-owned land or right-of-way
shall be excluded from the computation of the
required percentage of properties needed to file a
protest to the proposed street width designation.
Owners of non city land shall be considered imme-
diately adjacent or contiguous to the street, or
within three hundred (300) feet of either side of
such street, despite such intervening city-owned
land or right-of-way.
The written protest to such proposed street
width designation shall be submitted to the city
council no later than the conclusion of the public
hearing on the proposed street width designation.
At least fifteen (15) days' notice of the time and
place of the hearing shall be published in the
newspaper used by the city to publish legal no-
tices, and notice of such public hearing shall be
mailed by certified letter to all property owners
within three hundred (300) feet of both sides of
such street.
Said notice shall contain:
(1) A description of the proposed street width
designation and a statement that the spe-
cific plans for the proposed street width
designation are available for inspection at
the Wheat Ridge Municipal Building; and
(2) An explanation of the right of the property
owners to protest such proposed street width..
designation, and how to exercise such right;
and
(3) The full and complete text of this Charter
section.
All publication and notification requirements set
forth in this Charter section shall be performed by
the city clerk.
If at any time within forty-five (45) days after a
favorable vote by city council of such proposed
street width designation, a petition signed by at
least five (5) percent of the registered electors of
20
.
.
.
.
.
.
e
.
.
.
CHARTER
the city council district(s) immediately adjacent
or contiguous to such street be presented to the
council against the going into effect of such pro-
posed street width designation; the same shall
thereupon be immediately suspended and the
council shall publish notice of and call an election
upon the proposed street width designation. Said
election shall be held not less than thirty (30)
days nor more than one hundred eighty (180)
days after publication of the notice thereof.
Only registered electors in the city council
district(s) immediately adjacent or contiguous to
such street shall be eligible to vote on the pro-
posed street width designation. If a majority of
the registered electors in the city council dis-
trict(s) immediately adjacent or contiguous to
such street voting thereon vote for such proposed
street width designation, the proposed street width
designation shall be deemed approved. For pur-
poses of ballot tabulation, the total votes of all
electors who cast ballots from one or more city
council district(s) shall be counted together.
If any provision of this Charter section or the
application in any particular case, is held invalid,
the remainder of this Charter section and its
application in all other cases shall remain unim-
paired. Anything in the Charter or ordinances of
the City of Wheat Ridge in conflict or inconsistent
with the provisions of this Charter section is
hereby declared to be inapplicable to the matters
and things covered and provided for by this Char-
ter section. This Charter section shall take effect
immediately upon passage.
(Amend. of 11-7-95)
CHAPTER VI. INITIATIVE AND
REFERENDUM
Sec. 6.1. Initiative.
(a) Any proposed ordinance may be submitted
to the council by petition signed by registered
electors of the city equal in number to the per-
centage hereinafter required.
(b) An initiative petition accompanying the pro-
posed ordinances signed by registered electors of
the city equal in number to fifteen (15) percent of
the total vote cast, in the City of Wheat Ridge, in
Supp. No. 17
~ 6.2
the last gubernatorial election, shall be filed with
the city clerk at least sixty (60) days prior to any
general or special municipal election, and shall
contain a request that said proposed ordinance be
submitted to a vote of the people if not passed by
the council. The council shall within thirty (30)
days after the attachment of the clerk's certificate
of sufficiency to the accompanying petition either
(1) pass said ordinance without alteration, or (2)
call a special election, unless a general municipal
election is fixed within one hundred eighty (180)
days thereafter, and at such special or general
municipal election, said proposed ordinance shall
be submitted without alteration to the vote ofthe
registered electors of the city.
(c) An initiated ordinance shall be published in
like manner as other proposed ordinances. The
ballot upon which such proposed ordinance is
submitted shall state briefly the nature for the
proposal and it shall contain the words "FOR
THE ORDINANCE" and "AGAINST THE ORDI-
NANCE." If a majority of the registered electors
voting thereon shall vote in favor thereof, the
same shall thereupon without further publication
become an ordinance of the city.
(d) The provisions of this section shall in no
way affect nor preclude the procedures for recall
of any elected official or officer as provided in this
Charter.
Sec. 6.2. Referendum.
(a) The referendum shall apply to all ordi-
nances passed by the council.
(b) If at any time within forty-five (45) days
after the final passage of an ordinance to which
the referendum is applicable, a petition signed by
registered electors equal in amount to at least ten
(10) percent of the total vote cast, in the City of
Wheat Ridge, in the last gubernatorial election be
presented to the council against the going, into
effect of any ordinance, the same shall thereupon
be suspended and the council shall reconsider
such ordinance; and if the same be not entirely
repealed shall submit the same to a vote of the
registered electors of the city in a manner as
provided in respect to the initiative at the next
regular municipal election, or at a special election
20.1
~ 6.2
WHEAT RIDGE CITY CODE
.
called therefor. If a majority of the registered
electors vote in favor of such ordinance, it shall go
into effect without further publication.
Sec. 6.3. Ordinances referred to the people.
(a) The council, on its own motion, shall have
the power to submit at a general or special
election any proposed ordinance or question to a
vote of the people in a manner as in this Charter
is provided.
(b) If provisions of two (2) or more proposed
ordinances adopted or approved at the same elec-
tion conflict, the ordinance or provision in conflict
receiving the highest affirmative vote shall be-
come effective.
e
Sec. 6.4. Certificate of clerk; amendment of
petition.
Within ten (10) days from the filing of any
initiative or referendum petition, the city clerk
shall ascertain whether the petition is signed by
the requisite number of registered electors, and if
suffi-
.
.
.
Supp. No. 17
20.2
e
e
e
CHARTER
cient shall attach thereto a certificate of suffi-
ciency showing the result of such examination. If
the petition is insufficient, the clerk shall forth-
with in writing notify one (1) or more of the per-
sons designated as filing the same on the peti-
tion. The petition may then be amended within
ten (10) days from the filing of the certificate. The
city clerk, within five (5) working days after such
amendment, shall make the examination of the
amended petition and attach thereto a certificate
of the result. If still insufficient, the clerk shall
return the petition to one (1) of the persons desig-
nated thereon as filing it, without prejudice to
the filing of a new petition for the same purpose,
but such petition shall not be refiled within one
(1) year after return by the clerk.
Sec. 6.5. Prohibition of amendment or re-
enactment.
An ordinance adopted by the electorate may
not be amended or repealed for a period of six (6)
months after the date of the election at which it
was adopted, and an ordinance repealed by the
electorate may not be reenacted for a period of six
(6) months after the date of the election at which
it was repealed; provided however, that ordinan-
ces may be adopted, amended or repealed at any
time by appropriate referendum or initiative pro-
cedure in accordance with the foregoing provisions
of this Charter, or if submitted to the electorate
by the council on its own motion.
Sec. 6.6. bnplementation.
The council may adopt such additional rules
and regulations by ordinance as are deemed nec-
essary to implement this chapter on initiative
and referendum.
CHAPTER VII. PERSONNEL
Sec. 7.1. Personnel system.
The council may establish, modify, or eliminate
a system or systems to handle personnel matters
as it deems necessary.
98.3
CHAPTER VIII. LEGAL AND JUDICIARY
Sec. 8.1. City attorney.
The council shall appoint a city attorney to
serve for an indefinite term at the pleasure of the
council. He shall be an attorney-at-law admitted
to practice in Colorado and have at least five (5)
years' experience in the practice oflaw. The council
may provide the city attorney such assistants,
facilities and considerations as council may deem
necessary, and may on its own motion or upon
request of the city attorney, employ special coun-
sel. The council shall establish compensation for
the city attorney, his assistants and special counsel.
The city attorney shall be the legal representa-
tive of the city and shall represent the city in all
cases and in all courts. The city attorney shall act
as legal adviser to the council and other city offi-
cials in matters relating to their official powers
or duties when requested and shall provide a copy
of any written opinion to the city clerk.
The city attorney shall also perform such other
duties as the council may prescribe by ordinance
or resolution.
Sec. 8.2. Municipal court.
There shall be a municipaJ court which shall
have jurisdiction to hear and determine all cases
arising under this Charter or the ordinances of
the City of Wheat Ridge. The council shall ap-
point a presiding judge. The council may also
appoint one (1) or more associate judges, who shall
sit at such times and upon such cases as shall be
determined by the presiding municipal judge. Such
associate judge shall have all the powers of a
municipal judge and his orders and judgments
shall be those of the municipal court.
All judges shall be members in good standing
of the Bar of the State of Colorado, and shall have
a minimum of five (5) years' experience on the
bench or in the active practice of law in the State
of Colorado immediately prior to appointment.
Sec. 8.3. Tenure and removal of judges.
The council shall appoint all judges for a term
of two (2) years and they may be removed by the
21
98.3
WHEAT RlDGE CiTY CODE
e
ceuncil during their term .only fer cause. A judge
may be remeved fer cause if:
(a) He is feund guilty .of a felony .or any other
crime invelving meral turpitude;
(b) He has a disability which interferes with
the perfermance .of his duties, and which
is, .or is likely te beceme, .of permanent
character;
(c) He has willfully .or persistently failed te
perferm his duties; .or
(d) He is habitually intemperate.
Sec. 8.4. Duties .of the presiding judge.
The presiding judge shall have the fellewing
duties, in additien te presiding in court:
(a) He shall fermulate and amend the local
rules .of the court with the appreval .of the
Celerade Supreme Ceurt.
(b) He shall supervise all ceurt persennel.
(c) He shall submit a yearly budget request to
the ceuncil fer the preper functiening .of
the ceurt.
Sec. 8.5. Cempensatien .of judges.
All judges shall 'receive a fixed salary .or cem-
pensatien set by the ceuncil, by .ordinance, and
such salary .or cempensatien shall not be depen-
dent upen the eutceme .of the matters te be de-
cided by the judges. A judge's cempensation may
net be reduced during the term .of his appeintment.
CHAPTER IX. BOARDS AND
COMMISSIONS
Sec. 9.1. Existing beards and cemmissiens.
All beards and cemmissions in existence at the
time of adeptien .of this Charter, shall continue in
existence as previded in the respective .ordinan-
ces, except as .otherwise previded by .ordinance .or
this Charter.
Sec. 9.2. Right te establish.
The ceuncil shall have the pewer and authority
te create beards and cemmissions as deemed nec-
essary including advisery and appeal beards. Ad-
visery beards may be created by reselutien. All
ether beards and cemmissiens, including appeal
beards, shall be created by .ordinance, which shall
set ferth the pewers and duties delegated te such
beard .or cemmissien.
Sec. 9.3. Appointments to beards or cem-
missions.
The ceuncil shall make all appeintments te all
beards and commissiens and shall specify the term
.of .office .of each individual in .order te achieve
.overlapping tenure. All beards and cemmissiens
shall have appreximately equal representatien frem
each ceuncil district. All members shall be resi-
dents .of the city, registered veters and shall be
subject to remeval fer just cause by the ceuncil.
The ceuncil shall alse make appeintments te fill
vacancies for unexpired terms.
Sec. 9.4. Precedures .of beards and cem-
missiens.
e
Each beard and cemmission shall .operate in
accerdance with its .own rules .of precedure except
as .otherwise directed by the ceuncil. All meetings
.of any beard or cemmissien shall be open te the
public except that any beard .or commissien may
held an executive sessien previded that the same
previsions that apply to the city ceuncil in sectien
5.7 shall be applicable. Minutes .of all beard and
cemmissien meetings shall be kept in the office .of
the city clerk.
CHAPTER X. FINANCE AND BUDGET
Sec. 10.1. Fiscal year.
The fiscal year .of the city and all its agencies
shall begin en the first day .of January and end en
. the thirty-first day .of December .of each year.
Sec. 10.2. Submissien .of budget.
Prier te the beginning .of each fiscal year, the
city administratien shall prepare and submit te
the ceuncil a recemmended budget fer the next
fiscal year and an accempanying message.
e
22
e
e
e
Sec. 10.3. Budget message.
The city administration message shall explain
the budget both in fiscal terms and in terms of
the work programs. It shall outline the proposed
financial policies of the city for the next fiscal
year, describe the important features of the bud-
get, indicate any major changes from the current
year in financial policies, expenditures and reve-
nues, together with the reasons for such changes,
summarize the city's debt position, and include
such other material as the administration deems
desirable or which the city council may require.
Sec. 10.4. Budget content.
The budget shall provide a complete financial
plan of all municipal funds and activities for the
next fiscal year and, except as required by ordi.
nance or this Charter, shall be in such form as
the city administration deems desirable or the
council may require. In organizing the budget,
the city administration shall utilize the most fea.
sible combination or expenditure classification by
fund, organization unit, program, purpose or ac-
tivity, and object. It shall begin with a clear gen-
eral summary of its contents and shall be arranged
so as ttf show comparative figures for actual and
estimated income and expenditures of the preced-
ing fiscal year. It shall include the following in
separate sections unless otherwise provided by
ordinance:
(a) Anticipated revenues classified as cash sur-
plus, miscellaneous revenues, and amounts
to be received from ad valorem taxes; cash
surplus being defined for purposes of this
Charter as the amount by which cash is
expected to exceed current liabilities and
encumbrances at the beginning of the next
fiscal year;
(b) Proposed expenditures for current operations
during the next fiscal year, detailed by of-
fices, departments and agencies in terms of
th.eir-respecti-"&-WGl"k--programs, and .the
method of financing such expenditures;
(c) A reasonable provision for contingencies;
(d) A capital depreciation account;
CHARTER
i 10.6
(e) Requjred expenditures for debt service, judg-
ments, cash deficient recovery and statu.
tory expenditures;
(I) Proposed capital expenditures during the
next fiscal year, detailed by offices, depart-
ments and agencies when practicable, and
the proposed method of financing each such
capital expenditure;
(g) Anticipated net surplus or deficit for the
next fiscal year for each utility owned or
operated by the city and the proposed method
of its disposition; subsidiary budgets for each
such utility giving detailed income and ex-
penditure information shall be attached as
appendices to the budget;
(h) The bonded and other indebtedness of the
city, showing the debt redemption and in-
terest requirements, the debt authorized
and unissued, and the condition of sinking
funds, if any;
(i) Such other information as the council may
request.
Sec. 10.5. Bala.nced budget required.
The total of proposed expenditures shall not
exceed the total of estimated revenue.
Sec. 10.6. Capital program.
(a) The city administration, with such assistance-
as the council may direct, shall prepare and sub-
mit to the council a long-range capital program,
simultaneously with the recommended budget.
(b) The capital program shall include the fol-
lowing, unless otherwise provided by ordinance:
1. A clear general summary of its contents;
2. A list of all capital improvements which
are proposed to be undertaken during the
following fiscal years, with appropriate sup-
porting information as to the necessity for
the improvement;
3. Cost estimates, method of financing and
recommended schedules for each such im-
provement;
4. The estimated annual cost of operating and
maintaining the facilities to be constructed
or acquired;
23
~ 10.6
WHEAT RIDGE CITY CODE
e
5. Such other information as the council may
request.
This infonnation shall be revised or extended each
year with regard to capital improvements still
pending or in process of construction or acquisition.
Sec. 10.7. Public hearing.
A public hearing on the proposed budget and.
proposed capital program shall be held before its
final adoption at such time and place as the coun.
cil may direct. Notice of such public hearing and
notice that the proposed budget is on file for pub.
lic inspection in the office of the city clerk shall
be published one (1) time at least seven (7) days
prior to the hearing.
Sec. 10.8. Council amendments.
After the public hearing, the council may adopt
the budget with or without amendment. In amend.
ing the budget, it may add or delete any programs
or increase or decrease any amounts,_ex.cept. ex~
penditures required by law or for debt service or
for estimated cash deficit. However, the total of
proposed expenditures shall not exceed the total
of estimated revenue.
Sec. 10.9. Council budget adoption.
The council shall adopt the budget by resolu-
tion on or before the final day established by
statute for the certification of the next year's tax
levy to the county. If it fails to adopt the budgetn
by this date, the amounts appropriated for the
operation for the current fiscal year shall be deemed
adopted for the next fiscal year on a month-to-
month basis, with all items in it prorated accord-
ingly, until such time as the council adopts the
budget for the next fiscal year.
Sec. 10.10. Property tax levy and budget
appropriations.
Adoption of the budget by council shall consti-
tute appropriations of the amounts specified therein
as expenditures from the funds indicated and shall
constitute a levy of the property tax therein pro-
posed. Council shall cause the same to be certi-
fiep. to the county as required by statute.
Sec. 10.11. Budget status report.
During the month of July, and as often as the
council may require, theadministration-shall
present a budget status and forecast report to the
city council with any recommendations for reme.
dial action.
Sec. 10.12. Amendments after adoption.
(a) Supplemental Appropriations. If during the
fiscal year the city administration detennines that
there are available for appropriation revenues in
excess of those estimated in the budget, the coun-
cil by resolution may make supplemental appro-
priations for the year up to the amount of the
excess.
(b) Emergency Appropriations. To meet a pub.
lic emergency affecting life, health, property, pub-
lic safety or the public peace, the council may
make emergency appropriations. Such appropria-
tions may be made by emergency ordinance in
accordance with section 5.13 of this Charter. To
the extent that therec are no available unappro-
priated revenues to meet such appropriations, the
council may by emergency ordinance authorize
the issuance of emergency notes, which may be
renewed from time to time, but the emergency
notes and renewals of any fiscal year shall be
paid not later than the last day of the fiscal year
next succeeding that in which the emergency ap.
propriation was made.
(c) Reduction of Appropriations. If at any time
during the fiscal year it appears probable to the
administration that the revenues available will
be insuffi~ient to meet the amount appropriated,
this shall be reported to the council without delay,
indicating the estimated amount of deficit, any
remedial action taken and recommendation as to
any other steps to be taken. The council shall
then take action to prevent or minimize any defi-
cit and for that purpose it may by resolution re-
duce one (1) or more appropriations.
Cd) Transfer of Appropriations. Any time dur-
ing" the fiscal year, the administration may trans-
fer part or all of any unencumbered appropriation
balance among programs within a department,
office or agency and, upon written request by the
administration, the council may by resolution trans-
e
e
24.
e
e
CHARTER
fer part or all of any unencumbered appropriation
balance from one (1) department, office, agency,
or object to another.
(e) LimitatWn-Effective Date. No appropriation
for debt service may be reduced below any amount
required to be appropriated or by more than the
amount of the unencumbered balance thereof. The
. supplemental and emergency appropriation and
reduction or transfer of appropriations authorized
by this section may be made immediately upon
adoption.
(D No Contract to Exceed Appropriation. During
each and any fiscal year, no contract entered into
by or on behalf of the city shall expend or contract
to expend any money, or to incur any liability, nor
shall any contract be entered into nor any bid be
awarded by or on behalf of the city which, by its
terms, involves the expenditure of money for any
of the purposes for which provision is made either
in the adopted budget or adopting resolution, in-
cluding any legally authorized amendments
thereto, in excess of the amount appropriated in
the budget or approved contract or bid award. Any
contract or bid award, either verbal or written,
made in violation of the provisions of this section
shall be void as to the city and no city monies
from any source whatsoever shall be paid thereon.
(Ord. No. 867, S 3(b), 6-24-91)
Sec. 10.13. Lapse of appropriation.
Every appropriation, except an appropriation
for a capital expenditure fund or special fund,
shall lapse at the close of the fiscal year to the
extent that it has not been expended or encum-
bered. An appropriation for a capital expenditure
fund or special fund shall continue in effect until
the purpose for which it has been established is
accomplished or abandoned.
Sec. 10.14. Public record.
Copies of the budget and capital program as
adopted shall be public records and shall be made
available to the public in the city clerk's office.
Sec. 10.15. Independent audit.
An independent certified audit shall be made of
all city accounts annually, and more frequently if
e Supp. No.8
!i 11.3
deemed necessary by the council. Such audit shall
be made by certified public accountants experi-
enced in municipal accounting selected by the
council.
CHAPTER XI. TAXATION
Sec. 11.1. Tax authority and limitations.
The council shall have the authority to levy and
impose taxes for municipal purposes and to pro-
vide for their collection, provided that there shall
not be an increase of rate of sales tax unless and
until such rate increase shall be approved by a
majority of the electorate voting at a regular or
special municipal election. The council shall also
have authority to levy and provide for collection
of special assessments for local improvements as
provided in this Charter or by ordinance. Increases
in ad valorem shall be subject to the same limi-
tations and review procedures now or hereafter
provided by state statute for statutory cities.
(Ord. No. 8.65, S 3(C), 6.24.91)
Sec. 11.2. Collection of taxes.
(a) Unless otherwise provided by ordinance, the
county treasurer shall collect city ad valorem taxes
in the same manner and at the same time as
general ad valorem taxes are collected. In like
manner, the council may provide for collection of
special improvement assessments by the county
treasurer.
(b) All statutes ofthis state for the assessment
of property and the levy and collection of ad val-
orem taxes, sale of property for taxes, and the
redemption of the same, shall apply and have the
full force and effect in respect to taxes for the city
as to such general ad valorem taxes, except as
may be modified pursuant to this Charter.
Sec. 11.3. Authority to acquire property.
In addition to all other power which it has to
acquire property, the city is hereby authorized to
purchase or otherwise acquire property on which
there are delinquent taxes or special assessments.
The city may also dispose of any property acquired
under this authority. .
25
~ 12.1
WHEAT RlDGE CITY CODE
CHAPTER XII. MUNICIPAL FUNDING
Sec. 12.1. Forms of borrowing.
The city may borrow money for any municipal
purpose as provided herein and issue the follow-
ing securities to evidence such indebtedness:
(a) Short-term notes.
(b) General obligation bonds and other like
securities.
(c) Revenue bonds and other like securities.
(d) Special or local improvement bonds and other
like securities.
(e) Arr; other legally recognized security which
the council may provide.
Sec. 12.2. Short-term not~_s, _
The city, upon the affirmative vote of the ma-
jority of the entire council in office at the time the
vote is taken, is hereby authorized to borrow money
without an election in anticipation of the collec-
tion of taxes or other revenues and to issue short-_
term notes to evidence the amount so borrowed.
Any such short-term notes shall mature before
the close of the fiscal year in which the money is
so borrowed except a~ is permitted in the provi-
sion of this Charter pertaining to emergency
appropriations.
Sec. 12..3. General obligation bonds. _
No bonds or other evidence of indebtedness pay-
able in whole or in part from the proceeds of ad
valorem taxes or to which the full faith and credit
of the city are pledged, shall be issued, except in
pursuance of an ordinance, nor until the question
of their issuance shall, at a special or regular
election, be submitted to a vote of the q'ualified
registered electors of the city, and approved by a
majority of those voting on the question, except
as provided in sections 12.2, 12.4, 12.5, 12.6, 13.3,
and 13.4 and provided further that such securi-
ties issued for acquiring water and rights thereto,
or acquiring, improving or extending a city water
system or sewer system or any combination of
such purposes, may be so issued without an election.
Supp. No.8
Sec. 12.4. Revenue bonds.
The city, pursuant to ordinance, and without
an election, may borrow money. issue bonds, or
otherwise extend its credit for purchasing, con-
structing, condemning, otherwise acquiring, ex-
tending, or improving a water, electric, gas, or
sewer system, or other public utility or income-
producing project or for any other capital improve-
ment; provided that the bonds or other obliga-
tions shall be made payable from the net reve-
nues derived from the operation of such system,
utility or other such project or capital improve-
ment, and provided further, that any two (2) or
more of such systems, utilities, projects or capital
improvements may be combined, operated, and
maintained as joint municipal systems, utilities,
projects or capital improvements, in which case
such bonds or other obligations shall be made
payable out of the net revenue derived from the
operation of such joint systems, utilities, projects
or capital improvements.
Sec. 12.5. Revenue bonds funded by sales and
use tax.
In addition to the provisions of section 12.4
relating to revenue bonds, the city shall have the
authority to issue revenue bonds payable from
the revenue and income of the project, facility, or
improvement to be constructed or installed with
the proceeds of the bond issue, or payable in whole
or in part from the available proceeds of a city
sales and use tax which may be imposed pursu-
ant to chapter XI.
Sec. 12.6. Refunding bonds.
(a) The council may authorize, by ordinance,
without an election, the issuance of refunding
bonds or other like securities for the purpose of
refunding and providing for the payment of the
outstanding bonds or other like securities of the
city as the same mature, or in advance of matu.
rity by means of an escrow or otherwise.
(b) Any refunding bonds or other like securi-
ties issued for the purpose of refunding revenue
bonds or other revenue securities shall be pay-
able from the revenues pledged to the original
bond issue.
26
.
e
e
e
e
e
Sec. 12.7. Limitations on indebtedness.
The aggregate amount of bonds or other evi.
dences of indebtedness of the city shall not exceed
three (3) percent of the actual valuation of the
taxable property within the city as shown by the
last preceding assessment for city purposes; pro.
vided however. in determining the amount of in.
debtedness, there shall not be included within the
computation:
(a) Bonds or other evidences of indebtedness,
outstanding or authorized to be issued for
the acquisition, extension or improvement
of a municipal waterworks system or mu.
nicipal storm sewer, sanitary sewer, com.
bined storm and sanitary sewers, or sew.
. age disposal systems;
(b) Short-term notes;
(c) Special or local improvement securities;
(d) Securities payable from the revenues of an
income-producing system, utility, project,
or other capital improvement or from city
sales or use taxes;
(e) Long-term installment contracts other than
real property acquisitions, rentals and lease-
holds pursuant to section 12.9.
Sec. 12.8. Bonds: Interest, sale, prepayment.
(a) The terms and maximum interest rate of
general obligation or revenue bonds or other like
securities shall be fixed by the authorizing ordi-
nance and such securities shall be sold to the best
advantage of the city.
(b) Any refunding bond may be exchanged dol-
lar for dollar for a bond refunded.
(c) All bonds may contain provisions for calling
the same at designated periods prior to the final
due date, with or without the payment of a prior
redemption premium.
Sec. 12.9. Long-term installment contracts,
rentals and leaseholds-City prop-
erty.
(a) In order to provide necessary land, build-
ings, equipment, and other property for govern-
Supp. No.8
CHARTER
~ 13.Z
mental or proprietary purposes, the city is hereby
authorized to enter into long-term installment pur-
chase contracts and rental or leasehold agreements.
Such agreements may include an option or op-
tions to purchase and acquire title to such prop-
erty within a period not exceeding the useful life
of such property. Each such agreement and the
terms thereof shall be concluded by an ordinance
duly enacted by the council.
(b) The council is authorized and empowered to
provide for the said payments at their discretion
from any available municipal revenues.
(c) The obligation created hereunder shall not
constitute an indebtedness of the city within the
meaning of the legal limitations ori contracting of
indebtedness contained in this chapter.
(Ord. No. 865, S 3(C), 6-24-91)
CHAPTER XIII. IMPROVEMENT
DISTRICTS
Sec. 13.1. Creation of special or local improve-
ment districts.
Special or local improvement districts created
pursuant to this Charter may, in the discretion of
council, be so created only upon receipt by the
council of a petition for an ordinance by the own-
ers of more than fifty (50) percent of the landown.
ers residing in the proposed district.
Sec. 13.2. Power to create special or local im-
provement districts.
(a) Upon receipt of a petition. as described in
section 13.1, the city shall have the power to cre-
ate special or local improvement districts within
designated districts in the city, to contract for,
construct or install special or local improvements
of every character within the said designated dis-
tricts, to assess the cost thereof, wholly or in part,
upon the property benefited in such district, and
to issue special or local improvement bonds therefor.
(b) The council shall, by ordinance, prescribe
the method and manner of creating such improve.
ments, of letting contracts therefor, issuing and
paying 'bonds for construction or installation of
27
* 13.2
WHEAT RIDGE CITY CODE
e
such improvements, including the costsinciden-
tal thereto, for assessing the costs thereof and for
all things in relation to the authority herein created.
(c) Except as otherwise provided by Charter or
by ordinance, the statutes of the State of Colo-
rado shall govern the creation and organization
of special or local improvement districts, the as-
sessmentof costs, the issuance of bonds therefor
and all things in relation thereto.
Sec. 13.3. Improvement district bonds; levy
for general benefit to special fund;
pledge of credit.
(a) In consideration of general benefits conferred
on the city at large from the construction or installa.
tion of improvements in special or local improve-
ment districts, created pursuant to section 13.1,
the city council may contract by ordinance prior
to the issuance of any bonds of any special or local
improvement district, that the payment of such
bonds, both as the principal, interest and costs
appertaining thereto become due, is additionally
secured by a special fund herein created, and pur-
suant thereto may, subject to the limitations of
section 11.1, levy annual taxes on all taxable prop-
erty within the city at a rate not exceeding two (2)
mills in anyone (1) year, to be disbursed as de-
termined by the council, for the purpose of ad.
vancing money to maintain current payments of
interest and equal annual payments of the prin.
cipal amount of said bonds or for any prior re-
demption premium appertaining to such bonds.
(b) The proceeds of such taxes shall be placed
in a special fund and shall be disbursed only for
the purposes specified in this section, provided,
however, that in lieu of such tax levied, the coun-
cil may annually transfer to such special fund
any available money of the city, but in no event
shall the amount transferred in anyone (1) year
exceed the amount which would result from a tax
levied in such year as herein limited.
As long as any bonds issued for special or local
improvement districts hereafter organized, remain
outstanding, the tax levy or e_quivalent transfer
of money to the special fund created for the pay-
ment of said bonds shall not be diminished in any
succeeding year until all of said bonds and the
interest thereon shall be paid in full, unless other
Supp. No.8
available funds are on hand therefor, or such bonds
and interest are paid by the city as provided in
section 13.5 of this Charter.
(c) In addition to the above, the council may
finance the city's share of the cost of any special
improvement project, whether or not such cost is
assessed against city-owned property, by the is-
suance of special improvement district bonds, and
shall appropriate annually an amount sufficient
for the payment of that portion of the share of
such costs then due. Such bonds shall not be sub.
ject to any election requirement or debt limita-
tion which might otherwise exist pursuant to this
Charter or other applicable law.
(d) After the bonds have been retired in full,
any monies remaining in such special funds shall
be transferred as provided in section 13.4.
(e) Bonds of any special or local improvement
district payable from special assessments, which
payment may be additionally secured as provided
in this section, shall not be subject to any debt
limitation nor affect the city's debt-incurring power,
nor shall such bonds be required to be authorized
at any election; and such bonds shall not be held
to constitute a prohibited lending of credit or do-
nation, nor to contravene any constitutional, statu-
tory, or Charter limitation or restriction.
.
Sec. 13.4. Transfers from unencwnbered spe.
cial or local improvement district
funds.
Where all outstanding bonds of a special or
local improvement district have been paid and
money remains to the credit of the district or in a
special fund created pursuant to section 13.3 for
the said bond issue, it may be transferred, in
whole or in part, by ordinance, to a surplus and
deficiency fund, and whenever there is a deficiency
in any special or local improvement district fund
to meet the payment of outstanding bonds and
interest due thereon, the deficiency shall be paid
out of the said fund; or in the alternative, council,
may by ordinance, transfer all or part of any un-
encumbered balance from a special or local im-
provement district fund or a special fund created
pursuant to section 13.3 for the said bond issues
to any other city fund.
.
28
e
e
e
CHARTER
Sec. 13.5. Payment of bonds by city.
Whenever a special or local improvement dis-
trict has paid and cancelled three-fourths of its
bonds issued and for any reason the remaining
assessments are not paid in time to redeem the
final bonds of the district, the city shall pay the
bonds when due and reimburse itself by collect-
ing the unpaid assessments due the district.
Sec. 13.6. Review of improvement district
proceedings.
No action or proceeding, at law or in equity, to
review any acts or proceedings, or to question the
validity of, or enjoin the performance of the issue
or collection of any bonds, or the levy or collection
of any assessments authorized by this chapter, or
for any other relief against any acts or proceed-
ings of the city done or had under this chapter,
shall be maintained against the city, unless com-
menced within thirty (30) days after the date of
passage of the resolution or ordinance complained
of, or else be thereafter perpetually barred.
CHAPTER XIV. INTERGOVERNMENTAL
RELATIONS
Sec. 14.1. Regional service authorities.
In the interest of governmental services pro-
vided on a regional or area-wide basis and the
benefits realized by the City of Wheat Ridge from
said services, the council may by ordinance pro-
vide grants of municipal funds by ordinance pro-
vide grants of municipal funds and services on a
regional or area-wide basis, existing at the time
this Charter becomes effective or thereafter cre-
ated. The council shall also have the authority to
allow city participation in said service authori-
ties in any manner it deems in the best interest of
the city.
Sec. 14.2. Cooperative intergovernmental
contracts.
The council may, by resolution or by ordinance,
enter into contracts or agreements with other gov-
ernmental units or special districts for the joint
use of buildings, equipment, or facilities, or for
furnishing or receiving commodities or services.
Supp. No.8
~ 15.5
CHAPTER XV. UTILITIES ~D
FRANCHISES
Sec. 15.1. General powers.
The city shall have and exercise with regard to
all utilities and franchises, all municipal powers,
including without limitation, all powers now ex-
isting and which may be hereafter provided by
the constitution and statutes. The right of the
city to construct, lease, purchase, acquire, con-
demn or operate any public utility, work or way
is expressly reserved. Except as otherwise pro-
vided by constitution, or this Charter, all powers
concerning the granting, amending, revoking, or
otherwise dealing in franchises, shall be exercised
by the council. Any utility serving entirely within
the corporate boundaries of the city may be ac-
quired, purchased, or constructed without the re-
quirement of an election.
Sec. 15.2. Water rights.
The city shall have the authority to buy, sell,
exchange, lease, own, control and otherwise deal
in water rights.
Sec. 15.3. Utility rates.
The council shall, by ordinance, establish rates,
rules and regulations and extension policies for
services provided by city-owned utilities, both within
and outside the corporate limits of the city.
Sec. 15.4. Management of municipal utilities.
All municipally owned or operated utilities shall
be administered as a regular department of the
city.
Sec. 15.5. Use of public places by utilities.
Every public utility, whether it has a franchise
or not, shall pay such part of the cost of improve-
ment or maintenance of streets, alleys, bridges,
and other public places as shall arise from its use
thereof and shall protect and save the city harm-
less from all damages arising from said use. Every
such public utility may be required by the city to
permit joint use of its property and appurtenances
located in the streets, alleys or other public places
of the city by the city and by other utilities inso-
far as such joint use may be reasonably practicable.
29
~ 15.6
WHEAT JUDGE CITY CODE
Sec. 15.6. Granting of franchises.
(a) No franchise shall be granted except upon
approval by a majority of the registered electors
voting thereon.
(b) The council shall establish by ordinance the
terms, fees, compensation, conditions, and any
other matters related to the granting of fran-
chises.
(Ord. No. 865, II 3(A), 6-24-91)
Sec. 15.7. Existing franchises.
All franchise ordinances and agreements of the
city in effect at the time this Charter is effective
shall remain in full force and effect in accordance
with their respective terms and conditions unless
modified by another franchise.
Sec. 15.8. Transit facilities.
Council may require by ordinance and by fair
apportionment of the cost, any railroad or other
transportation system to elevate or lower any of
its right-of-way or tracks running over, under,
along or across any public thoroughfare; and to
construct and maintain all street crossings, brid-
ges, viaducts and other conveniences in good con-
dition with proper approaches and safety devices.
Sec. 15.9. Revocable permits.
The councH may grant a permit at any time for
the temporary use or occupation of any street,
alley, or city-owned place, provided such permit
shall be revocable by the council at its pleasure,
regardless of whether or not such right to revoke
be expressly reserved in such permit.
Sec. 15.10. Franchise records.
The city shall cause to be kept in the office of
the city clerk an indexed franchise record in which
shall be transcribed copies of all franchises here-
tofore and hereafter granted. The index shall give
the name of the grantee and any assignees. The
record, a complete history of all such franchises,
shall include a comprehensive and convenient ref-
erence to all actions at law affecting the same,
and copies of all annual reports and such other
matters of information and public interest as the
council may from time to time require.
Supp. No. 8
CHAPTER XVI. MISCELLANEOUS
LEGAL PROVISIONS
Sec. 16.1. Reservation of power.
The power to supersede any law of this state
now or hereafter in force, insofar as it applies to
local or municipal affairs shall be reserved to the
city, acting by ordinance subject only to restric-
- tions of article XX of the Constitution of the State
of Colorado.
Sec. 16.2. Bequests, gifts and donations.
The council, on behalf of the city, may receive
or refuse bequests, gifts and donations of all kinds
of real and personal property in fee simple or
trust for public, charitable or other purposes, and
do all things and acts necessary to carry out the
purpose of such gifts, bequests and donations with
the power to manage, sell, lease or otherwise dis-
pose of the same in accordance with the terms of
the gift, bequest or trust, or the council may dele-
gate such power to persons as it may deem advisable.
Sec'. 16.3. Liability of the city.
No action for recovery of compensation for per-
sonal injury, death or property damage against
the city on account of its negligence or other tort
shall be maintained unless written notice of the
alleged time, place and cause of injury, death or
property damage is given to the city clerk by the
person injured, his agent or attorney, within one
hundred eighty (180) days of the occurrence caus-
ing the injury, death or property damage. The
notice given under the provisions of this section
shall not be deemed invalid or insufficient solely
by reason of an inaccuracy in stating the time,
place or cause of injury, if it is shown that there
was no intent to mislead and that the city, in fact,
was not misled thereby. This provision shall not
be construed as a waiver of any governmental
immunity the city may now, or in the future,
have.
Sec. 16.4. Eminent domain.
The city shall have the right of eminent do-
main ~ithin or without its corporate limits as
provided by the Constitution of the State of Colo-
rado and statutes.
30
.
e
.
.
e
.
.
.
Sec. 16.5. Sale of real property.
The city shall not sell or dispose of municipally
owned buildings or real property for a public
purpose, without first obtaining the approval, by
ordinance, of three-fourths of the entire council.
Unanimous approval of the entire council, by
ordinance, shall be necessary for sale or disposi-
tion of designated park land.
Sec. 16.6. Severability of Charter provisions.
If any provision, section, article or clause of
this Charter or the application thereof to any
person or circumstances shall be found to be
invalid by a court, such invalidity shall not affect
any remaining portion or application of the Char-
ter which can be given effect without the invalid
portion or application, provided such remaining
portions or applications are not detennined by the
court to be inoperable, and to this end this Char-
ter is declared to be severable.
Sec. 16.7. Charter amendments.
This Charter may be amended at any time in
the manner provided in section 16.8 of this Char-
ter. Nothing herein contained shall be construed
as preventing the submission to the people of
more than one (1) Charter amendment at anyone
(1) election. If provisions of two (2) or more
proposed amendments conflict or are inconsistent
and are adopted or approved at the same election,
the amendment receiving the highest affirmative
vote shall become effective.
Sec. 16.8. Procedure to amend the Charter.
Proceedings to amend this Charter may be
initiated by:
(a) A petition signed by at least five (5) per-
cent of the registered electors of the City
of Wheat Ridge; or
(b) An ordinance adopted by the council sub-
mitting the proposed amendment to a
vote of said registered electors.
Within thirty (30) days from the initiation of
proceedings to amend this Charter, the council
shall publish notice of and call an election upon
the proposed amendment, which election shall be
held not less than thirty (30) nor more than one
Supp. No. 18
CHARTER
~ 16.11
hundred eighty (180) days after publication of the
notice thereof. Notice of a proposed Charter amend-
men t shall contain the full text thereof.
If a majority of the registered electors voting
thereon vote for a proposed amendment, the amend-
ment shall be deemed approved.
Sec. 16.9. Charter repeal.
This Charter may be repealed as provided by
the Constitution and the statutes ofthe State of
Colorado as now existing or hereafter amended or
modified.
Sec. 16.10. Interpretations.
Except as otherwise specifically provided or
indicated by the context thereof, all words used in
this Charter indicating the present tense shall
not be limited to the time of the adoption of this
Charter but shall extend to and include the time
of the happening of any event for which provision
is made herein. The singular number shall in-
clude the plural, the plural shall include the
singular and the masculine gender shall extend to
and include the feminine gender and neuter, and
the word "person" may extend and be applied to
bodies politic and corporate and to partnerships
as well as to individuals.
Sec. 16.11. Definitions.
As used in this Charter, the folloWing words
and phrases shall have the following meaning:
(a) Ad valorem or general property tax. A tax
levied on property in the form of a per-
centage of the value of the property.
(b) Appropriation. The authorized amount of
monies set aside for expenditure during a
specific time for a specific purpose.
(c) City. The City of Wheat Ridge, Colorado, a
municipal corporation.
(d) City administration. The elected mayor
and city manager of the City of Wheat
Ridge appointed pursuant to this Charter.
(e) Clerk. The clerk of the City of Wheat
Ridge.
31
9 16.11
WHEAT RIDGE CITY CODE
(f) Constitution. The Constitution of the State
of Colorado.
(g) Council. The city council of the City of
Wheat Ridge.
(h) Elector or registered elector. A resident of
the city qualified to vote under the Con-
stitution and statutes of the State of Col-
orado.
(i) Employee. A person employed by the City
of Wheat Ridge.
(j) Franchise. An irrevocable privilege granted
by the city permitting a specified use of
public property for a specified length of
time.
(k) General municipal election. A municipal
election held every two (2) years at which
candidates for electh<e offices of the city
are voted upon in accordance with this
Charter.
(1) Officer and/or official. Any person elected
to office or appointed by the council or
mayor, including appointees to boards and
commissions and the city manager.
(m) Public utility. Any person, firm or corpo-
ration operating power or light systems,
communicating systems, water, sewer or
scheduled transportation systems, and
serving or supplying the public whether
or not under a franchise granted by the
city.
(n) Statutes or laws. The applicable laws of
the State of Colorado as they now exist or
as they may be amended, changed, re-
pealed or otherwise modified by legisla-
tive procedure.
(0) Treasurer. The city treasurer of the City of
Wheat Ridge.
(Ord. No. 865, ~ 3(A), 6-24-91; Ord. No. 1996-
1038, ~ 1, 7-22-96)
Sec. 16.12. Chapter and section headings.
The chapter, section and subsection headings
are inserted for convenience and reference only
and shall not be construed to limit, describe or
control the scope or intent of any provision therein.
Supp. No. 1S
CHAPTER xvn. TRANSITIONAL
PROVISIONS
Sec. 17.1. Effective date of Charter.
This Charter shall become effective immedi-
ately upon voter approval, except as otherwise
provided in this chapter.
Sec. 17.2. Status of transitional provisions.
The purpose of this chapter is to provide for an
orderly transition from the present city govern-
ment of Wheat Ridge to a home rule government
under the provisions of this Charter. This chapter
shall constitute a part of this Charter, during the
transition period, only to the extent required to
accomplish that purpose.
Sec. 17.3. Transition period.
The period from the voter approval of this
Charter to November 6, 1979, shall be known as
the "transition period." During this period, all
officers and employees of the city shall proceed,
with due diligence, to put into effect the provi-
sions of this Charter. During the transition period
the council shall, by resolution, designate the
dates the various provisions become operative
and the agency or agencies on which they shall
become operative. Until superseded by this Char-
ter or any provision thereof the state statutes
shall continue in effect.
For the purpose of the November 6, 1979,
general municipal election, the council shall com-
plete the apportionment of the city into four (4)
council districts prior to December 31, 1978.
Sec. 17.4. Prior city legislation.
All ordinances, resolutions, rules and regula-
tions of the city which are not inconsistent with
this Charter and which are in force and effect at
the effective date of this Charter shall continue in
full force and effect until repealed or amended.
Those provisions of any effective ordinance, reso-
lution, rule and regulation which are inconsistent
with this Charter are hereby repealed.
32
.-
e
.
.
.
e
e
e
See. 17.5. Continuation of elected officers.
The present elected officers or their appointed
successors in office at the time of the adoption of
this Charter shall continue to serve and carry out
the functions, powers and duties of their offices
until their successors assume the duties of their
offices.
Sec. 17.6. Continuation of boards and com-
missions.
All boards and commissions in office at the time
of adoption of this Charter shall continue to func.
tion with their present powers and structure as
provided in the respective ordinances.
Sec. 17.7. Continuation of appointed officers
and employees.
Except as otherwise provided herein, after the
effective date of this Charter, all appointive offi.
cers and all employees of the city shall continue
in that city office or employment, which corres.
ponds to the city office or employment which they
held at the time of the effective date of this Char.
ter, as though they had been appointed or em.
ployed in the manner provided in this Charter,
and they shall in all respects be subject to the
provisions of this Charter, except that any officer
or employee who holds a position which this Char.
ter provides be held at the pleasure of the ap.
pointing officer or body, shall hold such position
only at such pleasure regardless of the term for
which originally appointed.
Sec. 17.8. Saving clause,
This Charter shall not affect any suit pending
in any court or any document heretofore executed
in connection therewith. Nothing in this Charter
shall invalidate any existing agreements or con.
tracts between the City of Wheat Ridge and indi.
viduals, corporations or public agencies.
Supp. No.8
CHARTER
~ 17.8
[The next page is 83]
33