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Chapter IV

Organization of Government


Section 4.1.  The City Council.

          The City Council shall consist of seven (7) members, six (6) Councillors and one (1) Mayor.  The Council shall constitute the legislative and governing body of the City and shall have power and authority, except as otherwise provided in this Charter or by statute, to exercise all powers conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof.  (As amended 11-2-93)

Section 4.2.  Qualifications of Councilmen:

          Members of the Council shall meet the eligibility requirements contained in Section 5.1 of this Charter.  The Council shall be sole judge of the election and qualifications of its own members, subject only to review by the court.

Section 4.3.  Compensation of Mayor and Councilmen.

          The members of the Council shall receive such compensation as the Council shall by ordinance prescribe; provided, however, they shall neither increase nor decrease the compensation of any member during his term of office, except members of the Council whose terms do not expire at the next regular City election, who shall receive the same salary as that provided for incoming members for the remainder of their term of office.  The Mayor and Councilmen may, upon order of the Council, be paid such necessary bona fide expenses incurred in service in behalf of the City as are authorized and itemized.

Section 4.4.  Appointment of Mayor Pro Tem.

          (a)          The Council shall, at its first meeting following each regular City election, and after the newly elected members take office, elect one (1) of its members to serve as Mayor Pro Tem, for a term expiring at the first Council meeting following each regular City election.  Such election shall be by written ballot and by majority of the members of the Council in office at the time.  (As amended 11-2-93)

          (b)          In the event of absence or disability of both the Mayor and Mayor Pro Tem, the Council may designate another of its members to serve as Acting Mayor during such absence or disability.

Section 4.5.  Duties of Mayor.

          (a)  Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the City.  He shall have a voice and vote in all proceedings of the Council equal with that of other members of the Council but shall have no veto power.  He shall be the presiding officer of the Council.

          (b)  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 purposes of military law, and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the city and to suppress riot and disorder.

          (c)  The Mayor shall execute and authenticate by his signature such instruments as the Council, this Charter or any statutes of the State of Colorado or laws of the United States shall require.

          (d)  Except as may be required by statute, the Mayor shall exercise only such power as this Charter or the Council shall specifically confer upon him.

Section 4.6.  Administrative Service.

          The administrative officers of the City shall be the City Manager, Attorney, Clerk and Director of Finance, and such additional administrative officers as may be created by ordinance.  The Council may by ordinance create additional administrative offices and may by ordinance combine any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the City, but the Council may not diminish the duties and responsibilities of the office of City Manager.

          The City Manager and Attorney shall be appointed by the Council for an indefinite period, shall be responsible to and serve at the pleasure of the Council and shall have their compensation fixed by the Council.

          All administrative officers of the City, except the City Manager and Attorney, shall be appointed by the City Manager for an indefinite period.  The appointment of Clerk and Director of Finance shall be subject to confirmation by the Council.  All administrative officers except the Attorney shall be responsible to the City Manager and shall have their compensation fixed by the Council.  All administrative officers, except the Attorney, Clerk and Director of Finance, may be discharged by the City Manager without confirmation by the Council.

          The Council shall establish by ordinance such departments of the city as it deems necessary or advisable and shall prescribe therein the functions, duties, and authorities of each department.  Notwithstanding any provision elsewhere in the Charter, Council may add, combine, or eliminate departments and positions as it deems necessary or advisable.  In the event of conflict between this section and provisions elsewhere in this Charter, this section shall prevail.

          The City Manager may prescribe such duties and responsibilities of the department heads of those departments responsible to him which are not inconsistent with this Charter or with any ordinance or resolution.

          All personnel employed by the City who are not elected officers of the City or administrative officers by, or under the authority of, this Charter shall be deemed to be employees of the City.  The head of each department shall have the power to hire, suspend or discharge the employees of his department with confirmation by the City Manager.

          The Council may require any administrative officer or employee, if he is not resident at the time of his appointment or employment, to become a resident of the City within the time set by the Council and so remain throughout his tenure of office or employment.  (as amended 11-5-91)

Section 4.7.  City Manager: Appointment and Qualifications.

          The Council shall appoint a City Manager within ninety (90) days after any vacancy exists in such position.  The City Manager shall hold office at the pleasure of a majority of the Council.  He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his actual experience in and his knowledge of accepted practice in respect to the duties of his office as hereafter set forth.  At the time of his appointment, he need not be a resident of the City or State; but during tenure of office he shall reside within the City.

Section 4.8.  City Manager: Functions and Duties.

          The City Manager shall be the chief administrative officer of the city government.  His functions and duties shall be:

(a)  To be responsible to the Council for the efficient administration of all administrative departments of the City government except the department under the direction of the Attorney, and excepting that the City Manager shall be responsible for the operation and staff of the Municipal Court but shall not supervise or direct the Presiding Judge or the Assistant Judges, and; (as amended 11-5-91)

(b)  To see that all laws and ordinances are enforced;

(c)  To appoint the heads of the several city departments whose appointment is not otherwise specified in this Charter, and to direct and supervise such department heads;

(d)  To give to the proper department or officials ample notice of the expiration or termination of any franchises, contracts or agreements;

(e)  To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;

(f)  To recommend an annual budget to the Council and to administer the budget as finally adopted under policies formulated by the Council, and to keep the Council fully advised at all times as to the financial conditions and needs of the City;

(g)  To recommend to the Council for adoption such measures as he may deem necessary or expedient; and to attend Council meetings with the right to take part in discussions but not to vote;

(h)  To exercise and perform all administrative functions of the City that are not imposed by this Charter or ordinance upon some other official;

(i)  To be responsible for the maintenance of a system of accounts of the City which shall conform to any uniform system required by the Council and to generally accepted principles and procedures of governmental accounting; he shall submit financial statements to the Council quarterly, or more often as the Council directs;

(j)  To act as Purchasing Agent for the City and in such capacity to purchase all supplies and equipment and dispose of the same in accordance with procedures established by the Council;

(k)  To establish administrative policies and appropriate personnel rules and regulations governing officers and employees of the City within the parameters set by the City Charter and appropriate City ordinances adopted by City Council. (Amended 11-3-98)

(l)  To perform such other duties as may be prescribed by this Charter or required of him by ordinance or by direction of the Council.

Section 4.9.  Acting City Manager.

          The Council may appoint or designate an Acting City Manager during the period of vacancy in the office or the City Manager may designate an Acting City Manager during the temporary absence of the City Manager from the City.  Such appointment shall not exceed thirty (30) consecutive days without the consent of City Council.  Such Acting City Manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager.

Section 4.10.  Relationship of Council to Administrative Service.

          Neither the Council nor any of its members shall dictate the appointment of any person to office by the City Manager or in any way interfere with the City Manager or other City officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service.  Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager; and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

Section 4.11.  Clerk: Functions and Duties.

          (a)          The City Clerk shall be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language.

          (b)          The Clerk shall be custodian of the City seal 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 provided for.

          (c)          The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by Council.

          (d)          The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this Charter.

          (e)          The Clerk shall have power to administer oaths of office.

          (f)          The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council or by the City Manager.

Section 4.12.  Treasurer: Functions and Duties.

          (a)          The Treasurer shall have the custody of all monies of the City, any bond pertaining solely to the Clerk and all evidences of indebtedness belonging to the City or held in trust by the City.

          (b)          The Treasurer shall collect all monies of the City, the collection of which is not provided for elsewhere by Charter or ordinance.  He shall receive from other officers and employees of the City all money belonging to and receivable by the City that may be collected by such officers and employees, including fines, license fees, taxes, assessments and all other charges.  All money shall be turned over to the Treasurer after collection or receipt.

          (c)          The Treasurer shall keep and deposit all monies or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the City Manager.

          (d)          The Treasurer shall disburse all City funds in accordance with the provisions of statute, this Charter and procedures to be established by Council.

          (e)          The Treasurer shall perform such other duties as may be prescribed for him by this Charter, by the Council or by the City Manager.

Section 4.13.  Attorney: Functions and Duties.

          (a)          The Attorney shall act as legal advisor to, and be attorney and counsel for, the Council and shall be responsible solely to the Council.  He shall advise any officer or department head of the City in matters relating to his official duties when so requested and shall maintain a copy of all written opinions given by him. (As amended 11-7-89)

          (b)          The Attorney shall prosecute ordinance violations, and he shall conduct for the city cases in court and before other legally constituted tribunals.  He shall file with the Clerk copies of such records and files relating thereto as the Council may direct.

          (c)          The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council and City Manager and shall promptly give his opinion as to the legal consequences thereof.

          (d)          The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the City.

          (e)          The Attorney shall perform such other duties as may be prescribed for him by this Charter or by the Council.

          (f)          Upon the recommendation of the Attorney, City Manager, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has an interest, or to assist and counsel with the Attorney therein.  (as amended 11-5-85)

Section 4.14.  Compensation of Attorney and Special Counsel.

          The compensation of the Attorney shall be set by the Council.  No compensation to special legal counsel shall be paid except in accordance with an agreement between the Council and the Attorney or Special Counsel made before the service for which such compensation is to be paid has been rendered.

Section 4.15.  Fire Department.

          There is hereby created a Fire Department, the head of which shall be a full-time, paid Fire Chief appointed by the City Manager
The Fire Chief shall supervise all appointed and volunteer employees and members of the Fire Department subject to direction and supervision of the City Manager.  The Department shall also consist of other employees of such ranks and grades prescribed by ordinance or administrative directive. (As amended 11-1-83)

Section 4.16.  Planning and Zoning.

          The Council shall provide for a City Planning and Zoning Commission having all the powers and duties granted by the provisions of statutes, this Charter, or as may be provided by ordinance, relating to commissions and boards.  By ordinance, the Council may establish procedures and requirements for the use, division and development of land; and use, construction, alteration and removal of structures; and the pattern location and rate of growth of the community; all for the general purpose of protecting the public health, safety and welfare.  Such ordinances may authorize the Council to act by resolution, motion or order as the Council deems appropriate.  As used in this section, "public health, safety and welfare" shall mean, but not be limited to:

(1)  The preservation of sound fiscal balance for the City in providing municipal services within the City limits;

(2)  The maintenance of a sound balance between available public resources, facilities and services and the demands for such services;

(3)  The preservation of a safe, healthy, and sound natural environment within the City.

The Council may amend, repeal or revoke any ordinances or other action taken by it under this section, by following the same procedures used for the adoption of the ordinance or approval of any other section. (as amended 7-29-80, 11-3-87, 11-5-91)
          Cross reference-Land development and public improvements, Ch. XI.V.

Section 4.17.  Independent Boards and Commissions.

          The Council may not create any board or commission, other than those provided for in this Charter, to administer any activity, department or agency of the City government except any activity which by statute is required to be so administered.  The Council may, however, establish by ordinance (a) quasi-judicial licensing, permitting, and appeal boards and (b) other boards or commissions to serve solely in an advisory capacity.  The Council shall define by ordinance the extent of the jurisdiction and authority of a board or commission created pursuant to this section.  Members of several boards and commissions shall be appointed for two (2) year terms.  All persons serving a term in excess of two (2) years on the effective date of this provision establishing two-year terms shall continue to serve until the expiration of the term for which they were appointed, after which new appointments or reappointments shall be for two (2) years. (as amended 11-5-91)