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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