Home > Government > City Charter > Chapter XVII

Chapter XVII


Section 17.1.  Vested Rights Continued.

       After the effective date of this Charter, the City shall be vested with all property, monies, contracts, rights, credits, effects and the records, files books and papers belonging to it under and by virtue of operation under statutes governing second class cities.

       No right or liability, either in favor of or against the City, existing at the time this Charter becomes effective and no suit or prosecution of any character shall in any manner be affected by any change, resulting from the adoption of this Charter, but the same shall stand or proceed as if no change had been made.  All debts and liabilities of the City shall continue to be the debts and liabilities of the City and all fines and penalties imposed at the time of such change shall be collected.

Section 17.2.  Records To Be Public.

       All records of the City shall be public, in accordance with the Colorado Public Records Law, shall be kept in City offices except when required for official reasons or for purpose of safekeeping to be elsewhere, and shall be available for inspection at all reasonable times.  (As amended 11-3-87)

Section 17.3.  Interpretations.

       Except as otherwise specifically provided or indicated by the context:

(1)        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 or requirement for which provision is made herein.

(2)        The singular number shall include the plural, the plural number shall include the singular, and the masculine gender shall extend to and include the feminine gender and the neuter.

(3)        The word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as to individuals.

(4)        The words "printed" and "printing" shall include reproductions by printing, engraving, stencil duplicating, lithographing or any similar method.

(5)        Except in reference to signatures, the words "written" and "in writing" shall include printing and typewriting.

(6)        The word "officer" shall include the Mayor and other members of the Council, the administrative officers, members of City boards and commissions created by or pursuant to this Charter.

(7)        The word "statute" shall denote the laws of the State of Colorado in effect at the time the provision of the Charter containing the word "statute" is to be applied.

(8)        All references to section numbers shall refer to section numbers of this Charter.

(9)        The word "appropriation" shall mean the authorized amount of funds set aside for expenditure during a specified time for a specific purpose.

(10)         The word "City" shall mean the City of Westminster, Colorado, a municipal corporation.

(11)         The term "elector" or "qualified elector" shall mean a person who is legally qualified to register to vote in the City.  The term "registered elector" shall mean an elector who has registered to vote in compliance with the provisions of this Charter. (As amended 11-5-85)

(12)         The word "emergency" shall mean an existing condition actually rising from unforeseen contingencies which immediately endangers public property, health, peace, or safety.

(13)         The word "misdemeanor" shall mean a violation of this Charter or of any City ordinance, and it shall not have the meaning attached to it in the criminal statutes of the State of Colorado.

(14)         The words "qualified taxpaying elector" shall mean an elector and/or spouse thereof, who, in the calendar year last preceding the time, election, or other date, shall have paid a tax upon real or personal property situated within the City and owned by and assessed to him on the assessment rolls, and includes the term "taxpaying elector."

(15)         The words "vote of the electors" and "vote of the qualified electors" shall mean a favorable vote by a majority of the electors voting in an election.

(16)         The words "vote of the taxpaying electors" and "vote of the qualified taxpaying electors" shall mean a favorable vote by a majority of the taxpaying electors voting in an election.

(17)         The Words "untreated surplus water" shall mean water that does not enter the municipal water system.

(18)         The names of offices, officers, employees, board {boards} and commissions used in this Charter or any amendments thereto may be changed from time to time by {the} Council by ordinance setting forth the change of designation or title which is intended.  Such change shall not change the duties of the office, officer, employee, board or commission as set forth in the Charter.  (As added 7-29-80)

Section 17.4.  Sundays and Holidays.

     Whenever the date fixed by this Charter or by ordinance for the doing or completion of any act falls on a Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Sunday or legal holiday.

Section 17.5.  Definition of Publication, Mailing of Notices.

     The requirement contained in this Charter for the publishing or publication of notices or ordinances shall be met by publishing an appropriate insertion in a newspaper published in the English language for the dissemination of news of a general character, which newspaper shall have had a general circulation at regular intervals in the city for at least two (2) years immediately preceding the time that it is used for such publication purposes.  The affidavit of the printer or publisher of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, ordinance or proceeding taken from the paper in which it was published and specifying the times of publication shall be prima facie evidence of such publication.

     In any case in which this Charter requires the mailing of notices, the affidavit of the officer or employee responsible for such mailing that such notice was mailed shall be prima facie evidence of such mailing.

Section 17.6.  City Liability.

     The City shall not be liable for damages sustained by any person either to his person or property by reason of negligence of the City, its officers or employees, except as may be provided by the Colorado Governmental Immunity Act.  (As amended 11-1-83, 11-7-89)

Section 17.7.  Penalties for Violation of Charter.

     Any violation of a provision of this Charter shall be deemed a misdemeanor, and shall be tried in the Municipal Court.  Any person convicted of such violation may be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.  Any officer or employee of the City so convicted may be deprived of his office or employment and may be ineligible to any City office or employment for two (2) years thereafter.  The power to suspend or remove an elected official, City Manager, City Attorney, board or commission member or any other official appointed by the Council, convicted under {this} section, shall be vested in the Council.  The power to suspend or remove a City employee so convicted under this section shall be vested in the City Manager.

Section 17.8.  Eminent Domain.

     In carrying out the powers and duties imposed upon it by this Charter or by the general statutes, the City shall have power to acquire within or without its corporate limits, lands, building, water, water rights and water storage rights, and other properties, and any interest in land and air rights over land, and may take the same upon paying just compensation to the owner as provided by law.

Section 17.9.  City Not To Pledge Credit.

     The City shall not lend or pledge its credit or faith, directly or indirectly, or in any manner to or in aid of any person, corporation or other organization, public or private, for any amount or any purpose whatsoever, or become responsible for any debt, contract or liability thereof.

Section 17.10.  Chapter and Section Headings.

     The chapter, section and subsection headings used in this Charter are for convenience only and shall not be considered as part of the Charter.

Section 17.11.  Amendment of Charter.

     This Charter may be amended in the manner and following the procedures set forth in Article XX, Section 9 of the Constitution of the State of Colorado, the Municipal Home-Rule Act of 1971, as that act now exists or may be amended from time to time hereafter, and all other present or future State statutes and Constitutional provisions concerning the amendment of Home-Rule Charters by initiative or otherwise.  (As amended 11-1-83, 11-2-93)

Section 17.12.  Processes Against City.

     All process against the City shall run against the City in the corporate name thereof and may be served by leaving a true copy with the Mayor, City Clerk or City Attorney.

Section 17.13.  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 Charter 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 this charter is declared to be severable.