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Home My WebLink AboutResolution 2010-0049 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 49 Series of 2010 A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 2010 WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council not less than 60 days in advance of such special election; and WHEREAS, Section 16.8 of the City Charter further provides that when there are proposed changes to the City Charter, the Council must publish notice of and call an election thereon; and WHEREAS, the City Council desires to give notice of and call a special election to be held on the same date as the general election: November 2, 2010. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Special Election Called Pursuant to the Wheat Ridge City Charter Sections 2.2 and 16.8, the City hereby gives notice of and calls a Special Municipal Election to be held November 2, 2010 for the purpose of referring the Ballot Questions set forth in Section 2 to the voters of the City in the manner set forth below: • Date: November 2, 2010 • Polls Open: 7:00 a.m. to 7:00 p.m. • Qualifications of persons entitled to vote: 18 years of age, registered to vote, resident of the City for at least thirty (30) days prior to the election. • Polling places: Clear Creek Church, 10555 W 44th Ave Crossroads Church of Denver, 9725 W. 50th Ave Holy Cross Lutheran Church 4500 Wadsworth Blvd Kullerstrand Elem. School, 12225 W 38th Ave Manning School, 13200 W 32nd Ave Pennington Elem. School, 4645 Independence St Prospect Valley Elem. School, 3400 Pierson St Sons of Italy, 5925 W 32nd Ave Vivian Elem. School , 10500 W 25th Ave Wheat Ridge City Hall, 7500 W 29th Ave Wheat Ridge Middle School, 7101 W 38th Ave Wheat Ridge Presbyterian Church, 9180 W 38th Ave Wheat Ridge Recreation Ctr. , 4005 Kipling St -1 - Wilmore-Davis Elem., 7975 W 41st Ave Section 2. Ballot Questions Referred to Voters The purpose of the election is to place the Ballot Questions set forth below before the registered electors of the City: Ballot Question 1. SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR A MAYOR-COUNCILADMINISTRATOR FORM OF GOVERNMENT, AND IN CONNECTION THEREWITH, PROVIDING THAT THE EXECUTIVE POWER BE VESTED IN A MAYOR WHO IS ELECTED AT LARGE AND WHO APPOINTS A CITY ADMINISTRATOR TO ADMINISTER THE DAILY AFFAIRS OF THE CITY, WITH THE ADMINISTRATOR'S SALARY TO BE RECOMMENDED BY THE MAYOR AND RATIFIED BY THE CITY COUNCIL, AND MAKING CONFORMING CHANGES TO THE CHARTER? Full text of amendment: Amend the Wheat Ridge Home Rule Charter as follows: PREFATORY SYNOPSIS (Paragraph 3) The charter provides for the MAYOR-COUNCIL-ADMINISTRATOR a Council Manager form of government. THE EXECUTIVE POWER IS VESTED IN A MAYOR WHO IS ELECTED AT LARGE AND WHO APPOINTS A CITY ADMINISTRATOR TO EFFICIENTLY ADMINISTER THE DAILY AFFAIRS OF THE CITY. The mayor presides over council meetings and possesses the power of veto. The mayor shall be the recognized head of the city government for all legal and ceremonial purposes and shall be the conservator of the peace. (Paragraph 4) The city council is established as the policy-making legislative body of the city. The council consists of eight (8) members with two (2) members elected from each of four (4) districts. The council shall appoint citizens to all boards and commissions on an equal representation basis. The City Council also appoints a City Manager to run the daily affairs of the City. -2- CHAPTER I. GENERAL PROVISIONS Section 1.4. Form of government. The municipal government provided by this Charter shall be known as the "MAYOR-COUNCIL-ADMINISTRATOR" "Council Mana!jer government." (See Diagram) , Wheat Ri4ge Electorat. , Kayor I I City Council Chief Executive I Officer 􀁾􀀠 I ,City Admini.tratorl , Boards and Commissions J-, y Department I City Attorney I I KUnicipal JUdge I Heads , City Tr ••• urer I I City Clerk I 􀁾􀀠 I CHAPTER III. MAYOR AND ADMINISTRATION Section 3.2. Power and duties of the mayor. (Paragraph 2) The mayor shall be the chief elected AND CHIEF EXECUTIVE officer of the city. HE/SHE SHALL APPOINT, IN ACCORDANCE WITH SECTION 3.4, A CITY ADMINISTRATOR TO EFFICIENTLY ADMINISTER THE DAY-TO-DAY AFFAIRS OF THE CITY. The mayor shall be responsible for the efficient administration of all affairs of the city placed in J:\is HIS/HER charge AND ASSURING THAT THE CITY ADMINISTRATOR EFFICIENTLY PERFORMS HIS/HER DUTIES AS PROVIDED BY THIS CHARTER. The mayor shall serve as a liaison between the city council and the city administration, including, but not limited to, attendance at meetings and special events involving the city administration. Section 3.4. City ADMINISTRATOR mana!jer The city mana!jer ADMINISTRATOR shall be the chief administrative officer of the city. The council MAYOR, By majority vote of all memBers, shall appoint a city mana!jer ADMINISTRATOR who shall serve at the pleasure of the -3- council MAYOR, without definite term and at a salary RECOMMENDED BY THE MAYOR AND RATIFIED ffiEea by the council. The council MAYOR shall appoint a city manager ADMINISTRATOR 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 ADMINISTRATOR, the council MAYOR shall appoint an acting city manager ADMINISTRATOR. The city manager ADMINISTRATOR may appoint an employee of the city as acting city ADMINISTRATOR during the temporary absence (not to exceed thirty (30) days) of the city manager ADMINISTRATOR. Any acting city manager ADMINISTRATOR shall have all of the responsibilities, duties, and authority of the city manager ADMINISTRATOR. Pursuant to Charter section 17.7, the city aElministrator serving upon the effecti\!e Elate of this section J.4 , as amenEleEl , shall be EleemeEl to ha ... e been appointeEl city manager as pro ... iEleEl hereby. The city Manager ADMINISTRATOR shall be appointed BY THE MAYOR with regard to fitness, competency, training, and experience in professional urban administration. At the time of flis HIS/HER appointment, the city Manager ADMINISTRATOR need not be a resident of the city, but during flis HIS/HER tenure in office Re HE/SHE shall reside witRifllN the city WITHIN ONE YEAR OF HIS/HER APPOINTMENT. No mayor shall be appointed city Manager ADMINISTRATOR during or within one (1) year after the termination of flis HIS/HER elected term AS MAYOR. The city Manager ADMINISTRATOR is responsible to the Council MAYOR for the EFFICIENT operation of the city and may be dismissed by fliffi HIM/HER should the council MAYOR shoulEl it determine that such removal is in the best interest of the city. Elismissal of the city manager shall be by a majority ... ote of all members of the council. The Council MAYOR shall assure that the city Manager ADMINISTRATOR performs flis HIS/HER duties as provided by this Charter. The duties of the city Manager ADMINISTRATOR shall include but not be limited to the following: (a) unchanged (b) Hire, suspend, transfer and remove city department heads, who serve under the jurisdiction, and at the will of the city Manager ADMINISTRATOR. (c) -(I) unchanged Section 3.6. Relationship of CITY ADMINISTRATION aElministrati'/e service to Council THE MAYOR. -4- The city Manager ADMINISTRATOR shall be held accountable to the Gounsil MAYOR for ffis HIS/HER actions and those of ffis HIS/HER subordinates. Section 4.9. Relationship to aelR'linistrative servise CITY ADMINISTRATION. 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 ADMINISTRATOR, and neither the council nor its members shall give orders or reprimands to any employee or subordinate of the city Manager ADMINISTRATOR. THE CITY ADMINISTRATOR SHALL BE HELD ACCOUNTABLE TO THE MAYOR FOR HIS/HER ACTIONS AND THOSE OF HIS/HER SUBORDINATES. The council retains the prerogative of requiring the city Manager ADMINISTRATOR to make verbal or written reports of ffis-HIS/HER activities, those of ffis HIS/HER subordinates and the aelR'linistrati'le servise CITY ADMINISTRATION under his charge, not in conflict with other provisions of this Charter. CONFORMING CHANGES In addition to the above changes, strike all references to "city manager" and insert "city administrator" throughout the Charter including, but not limited to, the following Charter sections: Section 5.7(b)(2); Section 16 11 (d),(I) Ballot Question 2. SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR A MAYOR VETO OF THE CITY ANNUAL BUDGET, AND IN CONNECTION THEREWITH, PROVIDING THAT THE MAYOR MAY VETO THE ENTIRE BUDGET OR PARTIALLY VETO THE BUDGET BY CITY DEPARTMENT(S) AND/OR FUND(S) AND ALLOWING THE VETO TO BE OVERRRIDEN BY THREE-FOURTHS OF THE ENTIRE CITY COUNCIL AND MAKING CONFORMING CHANGES TO THE CHARTER? Full text of amendment: Amend the Wheat Ridge Home Rule Charter as follows: Section 3.2. Power and duties of the mayor. (Paragraph 4) The mayor shall have the power to veto any ordinance OR BUDGET passed by the council in accordance with the procedure set forth in section 5.14 of this Charter. The The mayor shall .also preside over city council meetings. -5- CHAPTER I. COUNCIL PROCEDURE AND LEGISLATION Section 5.14. Veto by mayor. The mayor shall have the power to veto any ordinance OR BUDGET passed by the council subject to the following: (a) -(e) unchanged; insert new item (f) to read : (F) THE MAYOR MAY VETO THE ENTIRE BUDGET OR PARTIALLY VETO THE BUDGET BY CITY DEPARTMENT(S) AND/OR FUND(S) CHAPTER XVI. MISCELLANEOUS LEGAL PROVISIONS Sec. 16.11 . Definitions. Insert new definition at (h) to read : (H) BUDGET. THE ANNUAL CITY BUDGET FOR THE CITY OF WHEAT RIDGE. Renumber remaining definitions as appropriate. Ballot Question 3. SHALL THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO BE AUTHORIZED TO ENTER INTO A FRANCHISE OR FRANCHISES FOR CITY WIDE RESIDENTIAL TRASH REMOVAL, INCLUDING RECYCLING AND A SENIOR DISCOUNT, FOR SINGLE FAMILY AND DUPLEX ZONE DISTRICTS? Section 3. Effective date; publication. This Resolution shall be effective upon passage. The City Council hereby orders this Resolution published pursuant to City Charter Section 16.8. DONE AND RESOLVED THIS 23rd day of August, 2010. ATTEST: Michael Snow, City Clerk -6-