CITY OF EDGEWATER
Home Rule Charter
Table of Contents
Article I. General
Provisions
Article II. The
Mayor
Article III. The Council
Article IV. Elections
Article V. Initiative,
Referendum, and Recall
Article VI. Ordinances,
Resolutions, and Motions
Article VII. Code of Ethics
Article VIII. Municipal Court – City Attorney
Article IX. City
Manager
Article X. Administrative
Departments
Article XI. Boards
and Commissions
Article XII. Budget
Article XIII. Finance Administration
Article XIV. Municipal Borrowing
Article XV. Improvement
Districts
Article XVI. Purchases and Sales
Article XVII. Franchises and Permits
Article XVIII. Taxation
Article XIX. Miscellaneous Legal Provisions
Article XX. Transitional
Provisions
Article XXI. Definitions
CITY OF EDGEWATER
Home Rule Charter
Prefatory Synopsis
The members of the Charter
Commission of the City of Edgewater, Colorado, hereby submit to the City
Council and to the voters a proposed new home rule Charter that has been framed
in conformity with Article XX of the Colorado Constitution and the Municipal
Home Rule Act of 1971, as amended.
The Commission has sought to
prepare a new Charter that meets the current and future needs of the City. The
Commission recognizes that the Charter is a document of limitation on the home
rule powers available to the City and its citizens. Therefore, the Commission
has sought to include in the Charter important protections for the citizens.
One of those protections is a limitation on the City’s ability to exercise the
power of eminent domain to acquire private property.
The form of government provided
by the new Charter is the Council-Mayor-Manager form. The new Charter provides
for a City Manager to perform the administrative functions of the City.
However, the Mayor, as a member of the City Council, continues to have
significant responsibilities, such as the appointment of the members of most
boards and commissions, voting when necessary to break a tie vote of the Council,
and exercising the veto power over ordinances and resolutions.
In drafting this Charter, the
Charter Commissioners referred to the charters of many other Colorado cities
and towns; consulted with the state’s experts in municipal government; and solicited
and secured the opinions of Edgewater’s citizens, employees and elected
officials. It is with great
appreciation that we thank each of you for your contributions to this process.
For ease of reference, words and
phrases that are defined in Article XXI are italicized throughout the Charter.
The following summarizes some of
the key provisions of the Charter as proposed by the Home Rule Charter
Commission on March 18, 2008; future amendments may not be reflected in this
summary.
Article I, General Provisions, contains a summary statement of the
Charter's purposes, describes generally the home rule powers of the City, and
provides for a Council-Mayor-Manager form of government. It also provides the
procedure for amendments to the Charter; under that procedure, amendments may
be initiated by ordinance or by petition, but must all be approved by the
electors.
Article II, The Mayor, sets out provisions for the Mayor. The Mayor
is a member of the City Council, but does not vote except to break a tie. The
Mayor has the power to veto ordinances and resolutions, and the power to
appoint the members of most City boards and commissions.
Article III, The Council, sets out provisions for the City Council.
Procedures are specified for filling vacancies on the Council and terms of
office are generally set at four years. Regular and special meeting
requirements are established.
Article IV, Elections, sets out election procedures and
requirements for regular and special municipal elections.
Article V, Initiative, Referendum and
Recall, reserves to the voters the power to initiate proposed ordinances,
the power to require adopted ordinances to be referred to a public vote, and
the power to recall the Mayor or any Council member.
Article VI, Ordinances, Resolutions, and Motions, sets out the
procedures to be followed for the adoption of ordinances, resolutions, and
motions.
Article VII, Code of Ethics, establishes standards of ethical
conduct for the Mayor and Council members, the City Manager, board and
commission members, and officers and employees.
Article VIII, Municipal Court – City Attorney, sets out provisions
for the Municipal Court, Municipal Judge, and City Attorney.
Article IX, City Manager, establishes the position of City Manager
to perform the administrative functions of the City.
Article X, Administrative Departments, provides for the office of
City Clerk, the Fire Department, the Police Department, the Department of
Public Works, the Finance Department, and the Department of Parks and
Recreation. Other departments may be created by ordinance of the City Council.
Article XI, Boards and Commissions, provides for the City’s boards
and commissions. All existing boards and commissions are continued in effect.
In addition, a new commission, the Charter Review and Compliance Commission, is
established. The purpose of this Commission is the hear complaints alleging
non-compliance with the Charter. This Commission is also charged with reviewing
the Charter at least once every six years.
Community Committees are recognized as a way for volunteers to organize
and participate in City activities.
Article XII, Budget, sets
out the procedures for preparation and adoption of the annual budget. At least
one public hearing must be held on the proposed budget.
Article XIII, Finance Administration, makes provisions for the
General Fund, a Capital Improvement Fund, a Capital Equipment Fund, Utility
Funds, and special funds. An annual financial audit is required.
Article XIV, Municipal Borrowing, addresses municipal debts,
contracts, and agreements.
Article XV, Improvement Districts,
provides for the creation of improvement districts and increases the
requirement for property owners petitioning for the creation of an improvement
district to the property owners who will be assessed two-thirds of the entire
estimated cost of the project.
Article XVI, Purchases and Sales, establishes procedures and
requirements for purchases and sales.
Article XVII, Franchises and Permits, establishes procedures for
the granting of franchises for the use of City rights-of-way, and for the
granting of revocable permits or licenses.
Article XVIII, Taxation, establishes requirements for and
limitations on the City’s tax and revenue powers.
Article XIX, Miscellaneous Legal Provisions, covers miscellaneous
legal issues. An important limitation on the City’s exercise of the power of
eminent domain is established in order to provide a disincentive against the
use of that power to take private property from one owner in order to transfer
it to another non-governmental owner.
Article XX, Transitional Provisions, provides for an orderly
transition from the present City government to a Council-Mayor-Manager form of
government.
Article XXI, Definitions, defines certain words and phrases used throughout the
Charter.
In
conclusion, the Commission believes that this new Charter provides a structure
for a responsible and responsive government for the City of Edgewater, now and
in the future, that will maintain and enhance the quality of life of the
citizens, assure fiscal responsibility and accountability, continue the forward
progress of the City, and continue to be responsive to the needs and concerns
of the citizens.
ARTICLE
I. GENERAL PROVISIONS
1.1
Name and boundaries. The
municipal corporation heretofore existing as the City of Edgewater shall remain
and continue as a body politic and corporate under this Charter, to be known as
the City of Edgewater, with the same boundaries until changed in a manner
authorized by law.
1.2
Purpose of Charter. It is the
purpose of this Charter to establish a basic governmental structure that will
provide for the effective and efficient conduct of the business of the City. It
is intended that the Charter shall provide for the fullest possible
participation in the affairs of the City by every member of the community in
the manner provided for herein.
1.3
Form of government. The
municipal government provided by this Charter shall be the Council-Mayor-Manager
form of government. Pursuant to the provisions of this Charter and subject only
to limitations imposed by the State Constitution, all powers of the City shall
be vested in an elective Mayor and Council.
1.4 Powers, rights, and liabilities. (1) The City shall have all the power of local self-government and home
rule and all power possible for the City under the State Constitution. All such
powers shall be exercised in a manner consistent with the United States
Constitution, the State Constitution, and this Charter.
(2) Except as otherwise provided in this Charter,
the City shall also have all powers granted to cities, towns, and
municipalities by the State statutes.
(3) The enumeration of specific powers in this
Charter shall not be considered as limiting or excluding any other power under
Article XX of the State Constitution. All powers shall be exercised in the
manner set forth in this Charter or, if not provided for in this Charter, in
such manner as shall be provided by ordinance.
1.5 Amendments to the Charter. This Charter may be amended in the manner
provided in the State Constitution and the State
statutes pertaining to home rule charter amendments. Proceedings to amend
the Charter may be initiated by:
(1) A petition meeting the requirements of the State statutes; or
(2) An ordinance, approved by at
least five (5) Council members,
submitting the proposed amendment to a vote of the registered electors of the City.
ARTICLE II. THE MAYOR
2.1 Election of Mayor. The
Mayor shall be nominated and elected
at large to a two-year term at each regular municipal election. The Mayor’s term of office shall begin at
the first regular City Council
meeting following certification of election results.
2.2 Qualifications. (1)
No person shall be eligible to be elected to, or to be appointed to, fill a
vacancy in the office of Mayor unless
the person:
(a) is a citizen of the United
States at the time of nomination or appointment;
(b) is at least 23 years of age
at the time of nomination or appointment;
(c) is a registered elector at the time of nomination or appointment; and
(d) has been, for one year
immediately preceding such election or appointment, a resident of the City. Any
person who is a resident of the City or any area annexed to or consolidated
with the City for the required length of time, as herein provided, shall be
deemed to meet the resident requirements of this paragraph.
(2) No person who
has been, or who is, convicted of embezzlement, bribery, solicitation of
bribery, perjury, subornation of perjury, or any offense involving fraud, shall
be capable of holding the office of Mayor.
(3) A person who holds a position as a board or commission member, or is a member of the Fire Department
described in Section 10.2 in an elective rank above that of firefighter, or is
an officer or employee of the City, shall be deemed to have resigned such
position upon taking office as Mayor.
2.3 Powers of the Mayor.
The Mayor shall be a member of the City Council, as set forth in Section
3.1, and shall also have all power and authority necessary for the efficient
performance of the Mayor’s duties.
(1) The Mayor shall preside at the meetings of
the Council and shall exercise such
powers and perform such duties as are or may be conferred upon him or her by
this Charter or by the ordinances of
the City, so long as not inconsistent with this Charter.
(2) The Mayor
shall have all of the power, rights, and privileges of a Council member, except
that the Mayor shall be a non-voting member of Council. The Mayor’s presence shall not count toward
a quorum of the Council, the Mayor shall vote only in order to break
a tie, and the Mayor shall possess
the veto power.
(3) The Mayor
shall be recognized as the head of the City government for all ceremonial
purposes, by the courts for serving civil process, and by the government for
purposes of military law.
(4) The Mayor, at the first regular City Council meeting following
certification of election results or following his or her appointment to office
per Section 2.7(3) shall appoint a Mayor
Pro Tempore, who shall assume all the duties of Mayor in the case of the Mayor’s
absence.
(5) The Mayor
shall have the exclusive authority to appoint all members of the City’s boards and commissions that exist
pursuant to Article XI of this Charter, except that members of the City’s
Charter Review and Compliance Commission established in Section 11.6 of this
Charter shall be appointed by Council.
2.4 The Mayor and
Administrative Service. The Mayor
shall deal with the administrative service of the City solely as a member of Council.
2.5 Compensation. The
compensation of the Mayor shall be
set by ordinance and may be changed
from time to time. Any increase in compensation shall take effect only on
January 1st following voter approval at a regular election.
2.6 Veto power of the Mayor.
(1) Every ordinance or resolution passed by the Council shall be presented to the Mayor within two (2) business days after passage.
(2) To approve the ordinance or resolution, the Mayor
shall sign it within three (3) business
days after receiving it. If the Mayor
does not return the ordinance or resolution to the Council within three (3) business
days, it shall take effect as if the Mayor
had approved it.
(3) To disapprove an ordinance or resolution, the Mayor
shall veto the same and return it to the City Council within three (3) business
days after receiving it, with the Mayor’s
objections in writing. The Council
may override the Mayor’s veto if at
least five (5) members of the City
Council vote to pass the same over the Mayor’s
objections.
2.7 Vacancies.
(1) A vacancy shall exist when the Mayor:
(a)
fails to qualify, dies, resigns, is recalled from office, or moves from the City;
(b)
is incapacitated, or is absent continuously from City meetings for more than
three (3) months;
(c) is
convicted of embezzlement, bribery, solicitation of bribery, perjury,
subornation of perjury, or any offense involving fraud; or
(d)
is judicially declared mentally incompetent.
(2) That such cause
of vacancy exists shall be established by competent evidence thereof and placed
on record in the Council minutes. The
Council shall determine the validity of
the evidence and, based on its determination, decide when a vacancy exists.
(3) A vacancy in
the office of Mayor shall be filled
by the Mayor Pro Tempore, and the
vacancy caused in Council by the Mayor Pro Tempore’s accession to the
seat of Mayor shall be filled
according to the procedure set forth in Section 3.6 of this Charter. If the Mayor
Pro Tempore should decline to accede to the seat of Mayor, the Council shall
elect a new Mayor from within its
current membership by a majority vote.
2.8 Term limits for the
office of Mayor. In order to broaden the opportunities for public service,
no individual shall serve more than four (4) consecutive terms in the office of
Mayor, whether that limit is reached
by election to two-year terms, by appointment to fill vacancies, or by a
combination thereof. For the purposes
of this Section 2.8, a “term” shall mean serving more than one (1) year in the
office of Mayor. Terms in the office
of Mayor shall be considered
consecutive unless they occur more than one regular
municipal election cycle apart.
ARTICLE III. THE COUNCIL
3.1 The Council. The
legislative affairs of the City shall be vested in a City Council consisting of seven (7) Council members, plus the
Mayor, who shall be a member of Council and whose
voting power shall be limited as set forth in Section 2.3(2) of this Charter. All members
of Council shall be nominated and
elected at large.
3.2 Terms
of Council members. (1) All Council
members shall be elected to serve
four (4) year terms unless a shorter term is required to restore the staggered
expiration of terms to the Council
following an appointment made necessary by a vacancy, as described in Section
3.6(4)(c) of this Charter. Two year terms are otherwise permitted only to
restore the staggered expiration of terms to the Council. If two year terms
are required in an election, the four (4) year term(s) shall go to the candidate(s) with the highest number of
votes, and the two year term(s) shall go to the candidate(s) with the next highest number of votes.
(2) The terms of office of Council members shall commence at the first regular City Council meeting following certification of election results.
3.3 Compensation. The
compensation of the Council members shall be set by ordinance and may be changed from time
to time. Any increase in compensation shall take effect only on January 1st
following voter approval of the increase at a regular election, and any increase in compensation, once approved
shall apply to all currently seated Council
members.
3.4 Qualifications of Council
members. (1) No person
shall be eligible to be elected to, or to be appointed to, fill a vacancy in the
office of Council member unless the person:
(a) is a
citizen of the United States at the time of nomination or appointment;
(b) is
at least 23 years of age at the time of nomination or appointment;
(c) is a
registered elector at the time of
nomination or appointment; and
(d) has
been, for one year immediately preceding such election or appointment, a resident
of the city. Any person who is a resident of the City, or of any area annexed
to, or consolidated with the City for the required length of time, as herein
provided, shall be deemed to meet the resident requirements of this paragraph.
(2) No person who has been, or who is
convicted, of embezzlement, bribery, solicitation of bribery, perjury,
subornation of perjury, or any offense involving fraud, shall be capable of
holding the office of Council member.
(3) A person who holds a position as a board or commission member, or is a
member of the Fire Department described in Section 10.2 in an elective rank
above that of firefighter, or is an officer
or employee of the City, shall be
deemed to have resigned such position upon taking office as Council member.
3.5 Council Meetings. (1) The Council shall meet regularly at the City
hall, at least once each month, at a day and hour to be fixed from time to time
by Council.
(2) The Council shall adopt, and may change from time to time, rules of
procedures for the conduct of Council
meetings. Such rules shall provide citizens a reasonable opportunity to be
heard during Council meetings. Where
a question not addressed in such rules arises in the conduct of a Council meeting, the question shall be
resolved, to the extent practicable, by Robert’s Rules of Order, newly revised,
as from time to time amended.
(3) All meetings for the transaction of
business shall be open to the public, except that the Council may go into executive session for the purpose of
considering matters permitted by the state statute and according to the
procedures set forth therefor in Title 24, Article 6, Part 4, of the Colorado
Revised Statutes as may be amended from time to time.
(4) Four (4) Council members shall constitute a quorum for the transaction of business. The presence of the Mayor shall not count
toward the quorum requirement.
(5) Special meetings of the Council shall be called by the City
Clerk on the written request of the Mayor
or of any four (4) Council members.
At least forty-eight (48) hours written notice of the special meeting shall be
served personally or left at each member’s usual place of residence, and shall
be posted. A special meeting may be held on shorter notice if all members of
the Council are present or have
waived notice thereof in writing. These requirements shall not apply in case of
emergency.
3.6 Vacancy. (1)
A vacancy shall exist when a Council member:
(a)
fails to qualify, dies, resigns, is recalled from office, or moves from the City;
(b)
is incapacitated, or is absent continuously from City meetings for more than
three (3) months, or is derelict in the duties of Council member;
(c)
is convicted of embezzlement, bribery, solicitation of bribery, perjury,
subornation of perjury, or any offense involving fraud; or
(d)
is judicially declared mentally incompetent.
(2) That such cause
of vacancy exists shall be established by competent evidence thereof and placed
on record in the Council minutes. By
affirmative vote of a majority of the remaining currently seated Council members, the Council
shall determine the validity of the evidence and, based on its determination,
decide when a vacancy exists.
(3) Vacancies
occurring within the first one hundred eighty (180) days following an election.
If a vacancy occurs in the office of Council
member within the first one hundred
eighty (180) days following an election, Council
shall act to fill the vacant seat by appointment. Appointments shall be made as
follows, and the term of such appointment shall last only until the next
regular municipal election:
(a) At the next
regular Council meeting following the
declaration of a vacancy, or as soon as practicable thereafter, Council shall act to appoint to the
vacant seat the candidate who
received the highest number of votes but who did not qualify to earn a Council seat at the last election.
(b) If the candidate who received the highest
number of votes but who did not qualify to earn a Council seat refuses appointment, the appointment process set forth
in Section 3.6(4) below shall control.
(4)
Vacancies occurring more than one
hundred eighty (180) days following an election. If a vacancy occurs in the
office of Council member more than one hundred eighty
(180) days following the last regular municipal election, Council shall act to fill the vacancy by appointment. Appointments shall be made as follows, and
the term of such appointment shall, in all cases, last only until the next
regular municipal election:
(a) Council shall cause to be posted and published notice of the vacancy for at least fourteen (14) but no
more than thirty (30) days prior to making the appointment. After thirty (30)
days, if there are no applications, the application period shall be held open
for an additional thirty (30) days. During this application period, those
interested and qualified to fill the vacancy may submit an application therefor
to the City Clerk. The names of those persons who will be considered for
appointment shall be posted and published as part of the agenda for the
meeting at which the Council will
consider and make the appointment.
(b) At the next
regular Council meeting following the
close of the application period, or as soon as practicable thereafter, Council shall act by a majority vote to
appoint a member from the applications submitted.
(c) In order to
preserve the existing stagger in the expiration of Council seats, the term of the appointment shall last only until
the next regular election, and the
length of the term to be filled at the next regular
election may be two (2) years rather than four (4) years, if the shorter
term is necessary to ensure that no more than four (4) four-year Council terms
are decided at any one regular election.
(5) If three (3) Council member seats are vacant at the same time, Council shall call a special election to fill the vacancies,
unless a regular election will occur
within sixty (60) days. If more than
three (3) Council member seats are
vacant at the same time, the Election Commission shall call a special election to fill the vacancies,
unless a regular election will occur
within sixty (60) days.
3.7 Powers. (1) The Council shall have all municipal legislative powers as conferred by
or pursuant to this Charter except those which may be exercised by the people
through direct legislation. The Council shall act only by ordinance, resolution, or motion.
(2) The Council may establish by ordinance
one or more ad hoc Council sub-committees
for the purpose of researching or evaluating specific topics or issues. Any such sub-committee shall be granted
advisory powers only, shall sunset when its defined purpose is accomplished,
and shall be comprised solely of members of Council.
(3) The Council shall have the power to appoint and remove the Municipal
Judge(s) and the City Attorney pursuant to Article VIII of this Charter;
appoint and remove the City Manager pursuant to Section 9.1 of this Charter;
and appoint and remove members of the City’s Charter Review and Compliance
Commission established in Section 11.6 of this Charter.
3.8 Term limits for the
office of Council member. In order to broaden the opportunities for public
service, no Council member shall serve more than two
consecutive terms in the office of Council
member, whether that limit is reached
by election to four-year terms, election to shorter terms, by appointments to
fill vacancies, or by a combination thereof. For the purposes of this Section
3.8, a “term” shall mean serving more than two (2) years in the office of Council member. Terms in the office
of Council member shall be considered consecutive unless they occur more than
one regular municipal election cycle
apart.
3.9 The Council and
Administrative Service. Members of
the Council shall deal with the
administrative service of the City solely through the City Manager, and neither
the Council nor any member of the Council shall give orders to any subordinates of the City Manager
either publicly or privately.
ARTICLE IV. ELECTIONS
4.1 Election
law. The provisions of the
Municipal Election Laws, as set forth in the State statutes, shall apply to all elections held in the City,
except as otherwise set forth in this Charter and in ordinances not inconsistent with this Charter.
4.2 Election
date. A regular election shall be
held on the first Tuesday in November of each odd-numbered year. This biennial
election shall be known as the City’s “regular
election,” and the roughly two years that pass between each regular election shall be known as the “regular municipal election cycle.”
4.3 Nonpartisan
elections. All City elections shall be nonpartisan in nature.
4.4 Election
Commission. (1) An Election
Commission is hereby established which shall consist of three members. The
members shall consist of the City Clerk, who shall be Chair of the Commission,
and two Commissioners, who shall be appointed by City Council for overlapping
terms of four years each. Each of the appointed Commissioners shall be a registered elector of the City. No
Election Commissioner shall become the Mayor
or Council member, without first
resigning as Election Commissioner.
(2) The Election Commission shall have charge of
all activities and duties required of it by this Charter, the Municipal
Election Code, and by ordinances
relating to the conduct of City elections. In any case, where election
procedure is in doubt, the Election Commission shall prescribe the procedure to
be followed.
(3) The Election Commission shall have
the power to adopt reasonable rules and regulations. Such rules and regulations
shall not be inconsistent with the State Constitution, this Charter, the
Colorado Municipal Election Code, and the ordinances
of the City.
4.5 Canvass
of returns. The Election Commission shall meet within three (3) days after every
election and canvass the returns thereof.
4.6 Nomination
of Candidates. Candidates for
City office shall be nominated by petition on forms supplied by the City
Clerk. Nomination petitions may be
circulated and signed beginning on the one hundred twentieth (120) day and
ending on the thirtieth (30) day prior to the day of the election. Each petition shall be circulated and signed
in the manner specified by state statute except as otherwise set forth herein. In elections coordinated with the County, nomination
petition deadlines shall be modified to accommodate the requirements set forth
in the Uniform Election Code of 1992, as may be amended from time to time.
4.7 Special
Elections. A special election is
an election held on any date other than the City’s regular election date. Special elections shall be called by a resolution adopted at least thirty (30)
days prior to the election date, which resolution
shall set forth the purpose of the special
election.
ARTICLE V. INITIATIVE,
REFERENDUM AND RECALL
5.1 Initiative. (1) The initiative power, reserved by Article
V, Section 1(9) of the State Constitution, is hereby extended to the City’s registered electors as to that City
legislation which is subject to the initiative power reserved in the State Constitution.
Any initiated measure shall be in the form of an ordinance. The measure shall be initiated pursuant to the State statutes which establish
procedures for a municipal initiative, except as otherwise provided in this
Charter, and in ordinances not
inconsistent with this Charter.
(2) An initiative petition shall be
signed by registered electors of the
City equal in number to at least 10 percent of the total number of electors of the City registered to vote at
the regular election immediately
preceding the filing of the petition. No signature on an initiative petition
shall be valid if signed on a date more than 90 days prior to the date the
signed petition is filed with the City.
An initiative petition shall name two people who shall represent the petition
for all purposes, and an initiative petition may be withdrawn any time prior to
thirty days before the election by written request signed by both petition
representatives.
5.2 Referendum. (1) The
referendum power, reserved by Article V, Section 1(9) of the State
Constitution, is hereby extended to the City’s registered electors as to those ordinances
which are subject to the referendum power reserved in the State Constitution.
Such ordinances shall be referred
pursuant to the State statutes which establish
procedures for a municipal referendum, except as otherwise provided in this
Charter and in ordinances not
inconsistent with this Charter.
(2) The referendum
power shall not apply to an emergency ordinance,
nor shall it apply to any appropriation
adopted by ordinance for the support
and maintenance of the City government
(3) A referendum
petition shall be signed by registered
electors of the City equal in number to at least 10 percent of the total
number of electors of the City registered to vote at the regular election immediately preceding the filing of the petition.
A referendum petition shall name two people who shall represent the petition
for all purposes, and a referendum petition may be withdrawn any time prior to
thirty days before the election by written request signed by both petition
representatives.
5.3 Recall.
(1) Any elected official, including
the Mayor and any Council member, may be recalled at any time after six months in office,
pursuant to the State statutes which
establish municipal recall procedures, except as otherwise provided in this
Charter and in ordinances not
inconsistent with this Charter.
(2) A recall
petition shall be signed by registered
electors of the City. The signers shall number at least 25 percent of the
ballots cast at the last preceding election. For the purpose of this Section,
the “last preceding election” shall be the last preceding election at which the
person sought to be recalled was elected to office, unless the person sought to
be recalled was appointed to fill a vacancy, in which event it shall be the
last preceding election at which the person who created the vacancy was elected
to office.
(3) A recall
petition shall designate a committee of not less than three (3) people but not
more than (5) people who shall represent the petition for all purposes, and a
recall petition may be withdrawn any time prior to thirty days before the
election by written request signed by all petition representatives. Any signer of a recall petition may request
that his or her name be stricken from the recall petition at any time prior to
the date the petition is deemed sufficient by the City Clerk by filing a
written request with the City Clerk and delivering a copy of the request to a
member of the recall petition committee.
(4) After one (1) recall petition and
election, no further petition shall be filed against the same person during the
term for which such person was elected or appointed, unless the signers number
at least 50 percent of the ballots cast at the last preceding election.
5.4 Council referendum.
The Council shall have the power to
submit to a vote of the registered
electors at a regular or special
election, without receipt of any petition, any proposed or adopted ordinance or any question.
5.5 Petition
forms to be provided. The City Clerk shall provide, upon request, sample
forms of initiative, referendum, or recall petitions which conform to the
requirements of this Charter.
ARTICLE VI. ORDINANCES, RESOLUTIONS, AND MOTIONS
6.1 Ordinances, resolutions,
motions. (1) All legislative enactments shall be in the form of ordinances.
(2) Each ordinance shall be confined to one
subject, except in the case of a repealing ordinance
or an annexation ordinance.
6.2 Voting. (1) The
ayes and nays, or the equivalent as may be determined by Council, shall be taken upon the passage of all ordinances, resolutions, and motions, and entered upon the minutes.
(2) Except as
otherwise provided in this Charter, every ordinance
shall require the affirmative vote of a majority of the members of Council present for passage
on first reading and the affirmative vote of four (4) members of Council for
passage on final reading.
(3) Resolutions and motions shall require the
affirmative vote of a majority of the members
of Council present.
(4) Every member when
present shall vote on each ordinance,
resolution, and motion, except when
prohibited pursuant to this Charter.
6.3 Required
acts. In addition to such acts of the Council
as are required by this Charter to be by ordinance,
every act of the Council making an appropriation; imposing a fee of any
kind; or authorizing any rule or regulation for the violation of which a
penalty is imposed shall be by ordinance.
6.4 Form of ordinance.
Every ordinance shall be introduced
in typewritten form. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, COLORADO.” Except as otherwise provided in this Charter; all
ordinances shall take effect no
sooner than five (5) days after publication
following final passage.
6.5 Procedure for
passage. The course that an ordinance
shall take for passage shall be:
(1) Introduction at
any regular or special meeting by any member
of Council, or by petition of the
people as provided by this Charter.
(2) Reading may be
done by title only unless any single member
of Council objects, in which case, reading shall be done in full. If the ordinance is read by title only, a
general summary of the ordinance
shall also be read and at least one (1) copy of the ordinance shall be available for review by the public during the
meeting at which the ordinance is
considered.
(3) Passage or
rejection on first reading by vote of the Council.
(4) If passed on first reading,
the ordinance shall be posted and published in full, except as otherwise provided in this Charter.
(5) Second reading at
a meeting not held earlier than seven (7) days after publication for final passage or rejection by vote of the Council. Reading may be done by title
only unless any single member of Council
objects, in which case, reading shall be done in full. If the ordinance is read by title only, a
general summary of the ordinance
shall also be read and at least one (1) copy of the ordinance shall be available for review by the public during the
meeting at which the ordinance is
considered. An ordinance may be
amended before final passage by a vote of the Council.
(6) Following second
reading, the ordinance shall be posted and published either in full or by title, except that if the ordinance is amended prior to final
passage, any amendment shall be published
in full, and except that any penalty contained in the ordinance shall be published
in full.
(7) An emergency ordinance necessary for the
immediate preservation of public property, health, welfare, peace, or safety,
or the financial well-being of the City shall require at least five (5)
affirmative votes and may be finally adopted at the same meeting in which it is
introduced. The facts showing the need for the emergency ordinance shall be specifically stated in the ordinance. The Council’s determination as to the need for the emergency ordinance shall be final and conclusive on the question.
An emergency ordinance shall take
effect upon signature by the Mayor
following adoption.
(8) No ordinance granting, renewing, or
amending any franchise, initially imposing a tax, selling real property of the
city, or fixing rates charged by any municipal utility system, shall be adopted
as an emergency ordinance.
(9) The unintentional failure to publish an ordinance shall not affect the validity or enforceability of the ordinance.
6.6 Disposition.
(1) Every ordinance adopted by the Council
shall be numbered and shall be placed in the ordinance book. Adoption and publication
shall be authenticated by the signature of the Mayor and the City Clerk, and by affixing the seal of the city and
a certificate of publication, if
applicable.
(2) Every ordinance adopted by the Council shall be effective upon
expiration of the three (3) business days
in which the Mayor may return the ordinance or submit a veto unless the Mayor exercises those powers as set
forth by Section 2.6 of this Charter.
6.7 Codification.
The Council shall cause ordinances of a general and permanent
nature to be codified. Revisions to the codification may be adopted by
reference as provided in Section 6.8.
6.8 Adoption of codes by
reference. (1) The Council may
adopt, by ordinance, any code by
reference. The procedure for adoption of a code by reference shall be as
provided in the State statutes
applicable to the adoption of codes by reference, or such other procedure as
the Council may provide by ordinance.
(2) Every ordinance adopting a code by reference
shall contain a notice that copies of the code are available at the office of
the City Clerk. Any penalty in such a code may be adopted only if set forth in
full in the adopting ordinance an published in full.
6.9 Ordinance
interpretation. (1) Unless an ordinance
expressly provides to the contrary, if any portion of an ordinance, or the application thereof to any person or
circumstance, 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, and to this end ordinances
are declared to be severable.
6.10 Ordinance
review. (1) The Council shall
review ordinances of a general and
permanent nature adopted on or after the effective date of this Charter at
least once every six (6) years after adoption, and at least once every six (6)
years thereafter, for possible amendment or repeal. Any amendment or repeal
that the Council determines is
warranted as a result of such review shall be completed within six (6) months
after the review. Nothing herein shall preclude any subsequent amendment or
repeal.
(2) The Council shall establish a schedule for
reviewing all ordinances of a general
and permanent nature which were adopted prior to the effective date of this
Charter.
(3) The failure to review
any ordinance pursuant to this
section shall not affect the validity or enforceability of the ordinance.
ARTICLE VII. CODE OF ETHICS
7.1 Purpose and intent. (1) Whereas high standards of ethical
conduct for those participating in local government is a matter of local
concern, the City hereby declares that, as a home rule municipality, and by operation
of Section 7 of Article XXIX of the Colorado Constitution, it may adopt
standards of ethical conduct that apply to its elected officials, officers,
employees, volunteer firefighters and board
and commission members to the exclusion of statutory provisions regulating
the conduct of those individuals.
(2) It is the City’s express
intent to set high standards of ethical conduct that at all times honor the
public’s trust and avoid even the appearance of impropriety, and it is the
City’s express intent that this Article VII be interpreted and applied broadly
in order to encourage responsible conduct at all levels of service to the City.
(3) The City hereby promulgates
its own code of ethics that shall
supersede the substantive requirements of Article XXIX of the Colorado
Constitution.
(4) The City’s code of ethics,
which shall apply as follows, may be enhanced by ordinance in any way that does not conflict with this Charter, in
any way that is more restrictive than the requirements of this Article, or in
any way that extends the requirements of this Article to other persons or
classes of persons.
7.2 Duty to declare a
conflict. Each of the following persons shall declare each conflict of interest when his or her awareness
of the conflict arises or reasonably should have arisen and prior to discussion
or comment on a topic as follows:
(1) The members of Council and the City Manager
shall make the declaration to the Council
in an open meeting.
(2) Each board or commission member shall make
the declaration to the board or
commission of which he or she is a member.
(3) Each officer and employee of the City shall make the declaration to the City
Manager, except that all members of the Fire Department, including volunteer
firefighters, shall make the declaration to the acting Fire Chief.
(4) Each member of any entity established by the City shall
make the declaration to the board of the entity.
7.3 Failure to make
declaration. (1) In the event there is an allegation of a failure to make
the declaration of a conflict as required by Section 7.2, the Charter Review
and Compliance Commission established in Section 11.6 of this Charter shall
hear and determine whether a conflict of
interest exists.
(2) Failure to make a
declaration of a conflict of interest
when required is a violation of this Code of Ethics and this Charter, and the
failure may be investigated and penalized according to Sections 11.6, 11.7, and
19.8 of this Charter.
7.4 No action permitted.
(1) In addition to any other
applicable requirements imposed by this Charter or by ordinance, no elected
official, appointed official, officer,
employee, or board or commission
member serving or employed by the City or serving or employed by any entity established by the City shall
vote on, participate in discussion of, or otherwise take any official action or
position on any matter concerning his or her own conduct or on any matter as to
which he or she has declared a conflict
of interest, or as to any matter in which it has been determined that he or
she has a conflict of interest.
(2) A member of Council or a board or commission member who has
declared a conflict of interest or
for whom a conflict of interest has
been determined shall not participate in discussion of any topic related to the
conflict and shall physically step down from the dais during discussion of the
topic.
(3) In addition to any other applicable
requirements imposed by this Charter or by ordinance,
elected officials, appointed
officials, officers, employees, or board or commission member shall not use for personal or private
purposes any information that is not available to the public that has been
obtained by reason of his or her position and shall not disclose any such
information except as required by law.
(4) Action taken by an elected official, appointed official, officer, employee, or board
or commission member serving or employed by the City or serving or employed
by any entity established by the City when
action is prohibited by this Section 7.5 is a violation of this Code of Ethics
and this Charter, and the action may be heard and penalized according to
Sections 11.6, 11.7, and 19.8 of this Charter.
7.5 Review
of Charter Review and Compliance Commission. (1) Any allegation of ethical misconduct brought against members
of the City’s Charter Review and Compliance Commission established in Section
11.6 of this Charter, as a whole or against individuals serving thereon, shall
not be heard by the Charter Review and Compliance Commission.
(2) Matters
involving allegations of ethical misconduct brought against the City’s Charter
Review and Compliance Commission established in Section 11.6 of this Charter,
as a whole or individuals serving thereon, shall be heard by the City Council at a special meeting. The Council shall, in
all respects, act to hear the complaint in a manner consistent with the
requirements of Section 11.7 of this Charter and by following the same process
as shall be set forth by ordinance for proceedings before the Charter Review
and Compliance Commission.
ARTICLE VIII. MUNICIPAL COURT – CITY ATTORNEY
8.1 Municipal
Court. There shall be a Municipal Court that shall have jurisdiction to
hear and determine all cases arising under this Charter or the ordinances of the City; subject to
appeal in the manner provided by law. The Municipal Court shall be a court of
record.
8.2 Municipal
Judge. (1) The Presiding Judge of the court shall be an attorney at law
admitted to practice in Colorado, or shall have had not less than ten (10)
years experience on the bench.
(2) The Council shall appoint the Presiding
Judge and any Deputy Judges. Preference of consideration shall be given to
persons residing in the City or having a law office in the City.
(3) Each judge shall
be appointed for a term of two (2) years. The term shall expire ninety (90)
days after the commencement of the Mayor’s
term of office as provided in Section 2.1 or upon confirmation of a qualified
successor.
(4) Each judge shall
receive a salary or compensation to be fixed by ordinance and not to be dependent upon the outcome of the matters
to be decided by the judge.
(5) Each judge may be
removed from office during his or her term by a vote of at least four (4) Council members finding, by a
preponderance of the evidence, that cause for the judge’s removal exists as is specified
in the State statutes applicable to
the removal of municipal judges and for any other conduct that would constitute
a violation of the Colorado Code of Judicial Conduct, as from time to time
amended, if committed by a judge subject to such code.
8.3 Place of court,
supplies, and court sessions. (1) The City shall provide a suitable place
and all supplies and things necessary for the proper functioning of the court.
(2) Court sessions
shall be held at least once each month and more often as needed.
8.4 City Attorney. (1)
The Council shall appoint a City
Attorney. The City Attorney shall be the legal representative of the City and
shall advise the Mayor, the Council, the City Manager, boards and commissions established
pursuant to Article XI of this Charter, and other officers of the City in matters relating to their official powers
and duties.
(2) The City Attorney
shall be an attorney at law admitted to practice in Colorado. Preference of consideration shall be
given to persons residing in the City or having a law office in the City.
(3) The City Attorney
may be removed at any time by a vote of at least four (4) Council members.
8.5 Duties. (1) The City Attorney shall prosecute
Charter violations and ordinance
violations, shall conduct for the City cases in court and before other legally
constituted tribunals, and shall file with the City Clerk copies of such
records and files relating thereto as the Mayor
and the Council may direct.
(2) When requested,
the City Attorney shall prepare or review the ordinances, contracts, bonds, and other written instruments of the
City submitted by the Mayor or the Council and when requested, shall
provide a legal opinion concerning the same.
(3) The City Attorney
shall call to the attention of the Mayor
and the Council all matters of law
and changes or developments therein affecting the City.
(4) The City Attorney
shall perform such other duties as may be prescribed by this Charter, or by the
Mayor, Council, or City Manager.
8.6 Compensation. (1) The compensation of the City
Attorney shall be set by written agreement.
(2) No compensation
shall be paid to special legal counsel except in accordance with a written
agreement that shall specify the amount or rate of such compensation. Such
agreement shall be executed before any service is rendered by such counsel.
ARTICLE IX. CITY MANAGER
9.1 City Manager. (1) The
City Manager shall be the chief administrative officer of the City. As such, he or she shall possess, have, and exercise all the
administrative powers vested in the City.
The City Manager shall serve at the pleasure of the Council for an
indefinite period, and shall be removable by the Council at its pleasure.
The City Manager shall be chosen by the City Council solely on the basis of his or her administrative
qualifications.
(2) The Council,
by a vote of at least four (4) Council
members, shall appoint a City Manager at a salary fixed from time to time
by the Council. City Manager shall be
responsible to Council and shall perform
such duties as provided by this Charter or by ordinance.
(3) The choice of City Manager need
not be limited to the inhabitants of the City or State.
(4) No
current or former elected official shall
be considered for appointment to the office of City Manager unless and until he
or she has been out of office for at least a period of two (2) years.
(5) The
City Manager may appoint a department
head to function in his or her capacity as the Acting City Manager during temporary
absences of the City Manager. In the case of a vacancy in the office of City
Manager, the Council may appoint, by
a vote of at least four (4) Council
members, a department
head to function as the Acting City Manager until the office of City
Manager is filled.
(6) The Council, upon a vote of at least four (4) Council members, may remove the City Manager or any Acting City
Manager from office.
(7) The job performance of the
City Manager shall be evaluated at least annually by the Council, and the Council
shall review such evaluation with the City Manager pursuant to the executive
session provisions set forth in Section 3.5(3) of this Charter.
9.2 City Manager Powers and Duties. The City Manager shall have the following powers and duties
and shall be directly responsible to the Council
for the proper administration thereof.
(1) To see that all laws and ordinances governing the City are
implemented.
(2) To hire and terminate from employment,
except as otherwise provided in this Charter, all department heads. The department
heads shall, in turn, hire and terminate from employment all of his or her
subordinate employees.
(3) To prepare and adopt from time to time or as needed rules,
regulations, and policies regarding personnel matters.
(4) To exercise control and
supervision over all City departments.
(5) To hear appeals and
grievances from City employees working
under the supervision and control of department
heads.
(6) To make reports and attend
meetings as required by Council.
(7) To recommend to the Council for adoption such measures as he
or she may deem necessary or expedient.
(8) To keep the Council fully advised as to the
financial condition of the City.
(9) To see that all franchise
rights and provisions are justly enforced.
(10) To prepare and submit to
the Council an annual budget, which
budget shall include a pay plan for all City employees and a plan for capital expenses as required by Section
12.5 of this Charter, and which budget shall be approved by Council according to the procedure set
forth in Article XII of this Charter.
(11) To operate at all times
within the City’s approved budget.
(12) To provide administrative resources
as may be required for the effective operation of all City boards and commissions established pursuant to Article XI of this
Charter, including but not limited to, naming a department head who shall act as a liaison among the City staff,
the City Council, and each City board or commission.
(13) To accept or decline, on
behalf of the City, bequests, gifts, and donations of all kinds of
personal property.
(14) To perform such other
duties as may be prescribed by this Charter, or as may be required of him or
her by ordinance or resolution of the Council not inconsistent with this Charter.
ARTICLE X. ADMINISTRATIVE DEPARTMENTS
10.1 Office of the City Clerk. (1) The office of the City Clerk
is hereby established, consisting of the City Clerk as the department head and any personnel subordinate to the City Clerk. The
City Clerk shall be hired and may be terminated from employment by the City
Manager.
(2) The City Clerk
shall be responsible to the City Manager for the proper administration of the
office of the City Clerk, and for performance of the following functions and
duties:
(a)
attendance at meetings of the City
Council and maintenance of its minutes;
(b)
maintenance of a public record of all proceedings of the Council, and authentication of the same;
(c)
custody of all papers, documents, bonds, and records pertaining to the City;
except as otherwise provided by law or Charter;
(d)
custody of the City seal and affixation of the same to documents;
(e)
administration of oaths, affirmations, and attestations;
(f) publication
and of all notices, proceedings, and other matters required to be published or posted by this Charter or by ordinance;
(g)
serving as the Chief Elections Officer of the City; and
(h)
performance of such other functions and duties that may be required by law, but
are not inconsistent with this Charter, the ordinances
and resolutions of the Council, and the directions of the City
Manager.
10.2 Fire Department. (1)
The Fire Department is hereby established consisting of the Fire Chief as the department head and any personnel
subordinate to the Fire Chief, including volunteer
firefighters. So long as the Fire
Chief is a volunteer position, the Fire Chief shall be elected by members of
the Fire Department, subject to ratification by Council. If the Fire Chief is a paid position, the Fire Chief
shall be hired by and may be terminated from employment by the City Manager.
(2) The Fire Chief shall be responsible to
the City Manager for the proper administration of the Fire Department and for
the performance of such other functions and duties that may be required by law
but are not inconsistent with this Charter, the ordinances and resolutions
of the Council, and the directions of
the City Manager.
10.3 Police
Department. (1) The Police
Department is hereby established consisting of the Police Chief as the department head and any personnel
subordinate to the Police Chief. The Police Chief shall be hired by and may be
terminated from employment by the City Manager.
(2) The Police Chief shall be responsible to
the City Manager for the proper administration of the Police Department and for
the performance of such other functions and duties that may be required by law
but are not inconsistent with this Charter, the ordinances and resolutions
of the Council, and the directions of
the City Manager.
10.4 Department of
public works. (1) The Department of Public Works is hereby established,
consisting of the Public Works Director as the department head and any personnel subordinate to the Public Works
Director. The Public Works Director shall be hired by and may be terminated
from employment by the City Manager.
(2) The Public Works Director shall be
responsible to the City Manager for the proper administration of the Department
of Public Works and for the performance of such other functions and duties that may be required by law but
are not inconsistent with this Charter, the ordinances
and resolutions of the Council, and the directions of the City
Manager.
10.5 Department of
Finance. (1) The Department of Finance is hereby established, consisting of
the City Treasurer as the department head,
and any personnel subordinate to the City Treasurer. The City Treasurer shall be hired by and may be terminated from
employment by the City Manager.
(2) The City
Treasurer shall be responsible to the City Manager for the proper
administration of the Department of Finance and for the performance of such
other functions and duties that may be required by law but are not inconsistent
with this Charter, the ordinances and
resolutions of the Council, and the directions of the City
Manager.
10.6 Department of
Parks and Recreation. (1) The Department of Parks and Recreation is hereby
established, consisting of the Parks and Recreation Director as the department head and any personnel
subordinate to the Parks and Recreation Director. The Parks and Recreation
Director shall be hired by and may be terminated from employment by the City
Manager.
(2) The Parks and Recreation Director shall
be responsible to the City Manager for the proper administration of the
Department of Parks and Recreation and for the performance of such other
functions and duties that may be required by law but are not inconsistent with
this Charter, the ordinances and resolutions of the Council, and the directions of the City Manager.
10.7 General; Other Departments. (1) The City Council may establish by ordinance,
such other departments as it determines necessary for the proper administration
of the City. Any such department shall consist of a department head, who shall be hired by and may be terminated from
employment by the City Manager, and any personnel subordinate to the department head, who shall be hired by
and may be terminated by the relevant department
head.
(2) The department head of any department
established pursuant to Subsection 1 of this Section shall be responsible to
the City Manager for the proper administration of the department and for the
performance of such other functions and duties as may be required by law but
are not inconsistent with this Charter, the ordinances
and resolutions of the Council, and the directions of the City
Manager.
(3) The City Council may, by ordinance, consolidate or abolish any department established pursuant
to this Section 10.7 but shall not consolidate or abolish those departments
expressly established by Sections 10.1 through 10.6 herein.
ARTICLE XI. BOARDS AND COMMISSIONS
11.1 General; Boards and
Commissions. (1) All boards and commissions existing as of the date of the
adoption of this Charter, including any urban renewal authority formed pursuant
to Title 31, Article 25, of the Colorado Revised Statutes, shall continue as
established by ordinance, except as
otherwise provided in this Charter.
(2) The City Council may establish, by ordinance, such other advisory boards
and commissions as it determines necessary or desirable, including any urban
renewal authority formed pursuant to Title 31, Article 25, of the Colorado
Revised Statutes. The ordinance
establishing any board or commission
shall prescribe its powers and duties; shall specify the board or commission’s duty to report to the City Council or to the City Manager, as appropriate; and shall
identify the department head who will
act as the board or commission’s liaison
pursuant to Section 9.2(12). All such boards and commissions shall have powers and
duties that are advisory only, except as otherwise provided by law, and the City Council shall reserve in any such ordinance the power and duty to make the
final decision with respect to all such matters.
(3) Except as otherwise
required by this Charter, all board and
commission members shall be appointed by the Mayor.
(4) Unless specifically
provided for otherwise by ordinance,
all boards and commissions shall be
comprised solely of residents of the City who are not elected officials, officers,
or employees of the City. Volunteer firefighters are not
considered employees of the City and may, if otherwise qualified, serve on City
boards and commissions.
(5) Except as otherwise
provided by this Charter, the Mayor
may remove for negligence of duty, malfeasance, or inefficiency any appointee
with the approval of Council. No such
removal shall take place without a charge in writing by the Mayor and the opportunity for a hearing
before the Council.
(6) Each board and commission established by, or
pursuant to, this Charter shall:
(a)
choose its own Chairperson and Vice-Chairperson and may choose such other
officers as it deems appropriate;
(b)
adopt and operate in accordance with its own rules of procedure. Such rules
shall not conflict with this Charter or the ordinances of the City, and shall
not take effect until reviewed and approved by the City Council.
(7) The City Council may, by ordinance, consolidate or abolish any board or commission established pursuant
to this Section 11.1 of the Charter, but shall not consolidate or abolish those
boards or commissions expressly set
forth in Sections 11.2 through 11.6 below.
(8) The Mayor shall not make any appointment to
any board or commission without posting and publishing notice of vacancy thereon for at least fourteen (14)
days prior to the appointment. The Mayor shall consider the recommendations
of the board or commission to which
the appointment applies.
(9) No person who has
been or who is convicted of embezzlement, bribery, solicitation of bribery,
perjury, subornation or perjury, or any offense involving fraud, shall be
capable of holding a position on any board
or commission.
(10) Each board and commission shall meet at least
once each year with the City Council
to discuss matters of mutual interest.
(11) Except as
otherwise specifically provided in this Charter, the City Council shall establish by ordinance,
functions of and other matters concerning each board and commission.
(12) All board or commission meetings for the
transaction of business shall be open to the public, except that the board or commission may go into
executive session for the purpose of considering matters permitted by the state
statute and according to the procedures set forth therefor in Title 24, Article
6, Part 4, of the Colorado Revised Statutes as may be amended from time to
time.
11.2 Planning and
Zoning Commission. (1) The Planning and Zoning Commission is hereby
established, consisting of five (5) members to be appointed by the Mayor. The members shall be appointed
for five-year overlapping terms, and
the commission’s duties to report to the City
Council or the City Manager shall be set by ordinance.
(2) The members of
the Planning and Zoning Commission shall be registered
electors, and shall have been residents of the City for at least one (1)
year immediately preceding the date of their appointment. No member shall be an
elected official, officer, or employee of the City.
11.3 Functions of
the Planning and Zoning Commission. (1) The Planning and Zoning Commission
shall prepare and adopt, and may amend from time to time, the master plan for
the physical development of the City. No such master plan or any amendment
thereto, shall become effective until
approved by the City Council.
(2) The Planning and
Zoning Commission shall hold the initial hearings relative to proposed
subdivision plats, proposed rezoning, and proposed changes in the zoning ordinance, and shall make
recommendations thereon to the Council.
(3) Except as otherwise provided by Charter,
or by ordinance, the Planning and
Zoning Commission shall have the powers, perform the functions, and follow the
procedures set forth in the applicable State
statutes.
11.4 Board of Adjustment
and Appeals. (1) The Board of Adjustment and Appeals is hereby established,
consisting of five (5) members to be appointed by the Mayor. The members shall be appointed for three-year overlapping terms, and the commission’s
duties to report to the City Council
or the City Manager shall be set by ordinance.
(2) The members of
the Board of Adjustment and Appeals shall be registered electors and shall have been residents of the City for
at least one (1) year immediately preceding the date of their appointment. No
member shall be an elected official, officer, or employee of the City.
11.5 Functions of
the Board of Adjustment and Appeals. (1) The Board of Adjustment and
Appeals shall have the power to hear and determine appeals from refusals of
building permits, subject to such limitations and requirements as established
by ordinance.
(2) The board shall
have the power to make exceptions to the terms of the zoning regulations in
harmony with their general purpose and intent and to authorize variances from
the strict application of the zoning regulations in such situations, subject to
such limitations as may be set by ordinance.
(3) A party aggrieved
by the findings and decisions of the board may appeal the same to the City Council, subject to the
requirements and limitations set forth by ordinance.
(4) The board shall
have such other functions and duties as set forth by ordinance.
11.6 Charter Review and Compliance
Commission. (1) The Charter Review and Compliance Commission is hereby
established, consisting of five (5) members and one (1) alternate to be
appointed by the Council. The members
shall be appointed for three-year overlapping
terms, and the commission’s duties to report to the City Council or the City Manager shall be set by ordinance.
(2) The members of
the Charter Review and Compliance Commission shall be registered electors and shall have been residents of the City for
at least one (1) year immediately preceding the date of their appointment. No member shall be an elected official, officer,
or employee, board or commission member, or member of the Fire Department.
11.7
Functions of the
Charter Review and Compliance Commission. (1) The commission shall have the
power to hear all complaints alleging non-compliance with this Charter,
including allegations of willful Charter violations, subject to limitations and
requirements as shall be subsequently established by ordinance. Any complaints
involving the commission or members thereof shall be heard by the City Council in the manner provided in
Section 7.5(2) of this Charter.
(2) The commission shall forward
any findings of willful Charter violations to the City Attorney for possible
prosecution in the City’s Municipal Court pursuant to Section 19.8 of the Charter.
(3) The commission shall review
the Charter at least once every six (6) years after adoption, and at least once
every six (6) years thereafter, for possible amendment. In addition, in the
form of advisory resolutions, the
commission shall present its findings to the Council regarding complaints of Charter non-compliance. Therein the commission may provide suggestions
for possible clarification or revision of the Charter to address ambiguities or
inconsistencies that it has identified.
11.8 Committees as
Distinct from Boards and Commissions. (1) Community Committees. By ordinance
or resolution, the City Council may, for a defined purpose
establish a community committee, task
force, panel, working group, or other body, by whatever name it may be called,
that is temporary in nature and that is comprised solely of volunteers who are
not elected officials, officers, or employees of the City.
(a)
Volunteer firefighters are not
considered employees of the City and
may, if otherwise qualified, serve on City community
committees; board or commission members may also serve on community committees.
(b)
Any such community committee, by
whatever name it is called, is separate and distinct from a City board or commission formed under Article
XI of this Charter in that it is temporary in nature and limited in purpose.
(c)
The ordinance or resolution establishing a community
committee shall specify the qualifications, if any, needed for becoming a
member of the committee and the process, if any, by which membership may occur
and be recognized.
(2) Council sub-committees. Any Council
sub-committee established by the City
Council according to the process set forth in Section 3.7(2) of this
Charter shall be separate and distinct from community
committees authorized in Section 11.8(1) and City boards or commissions
identified in this Article XI.
ARTICLE XII. BUDGET
12.1 Fiscal Year. The
fiscal year of the City shall begin on January first and end at midnight on
December thirty-first of each year.
12.2 Proposed annual
budget. (1) The City Manager shall annually establish a schedule for
submission to the City Manager, by each department and agency, and each board and commission formed under
Article XI of this Charter, of budget information for the ensuing fiscal year.
(2) On or before September
first of each year, the City Manager shall prepare and submit to the City Council a proposed budget that
shall present a complete financial plan for the City for the ensuing fiscal
year. The proposed budget shall be divided into the following sections:
(a)
an annual expense and revenue budget, as set forth in Section 12.3 of this
Charter; and
(b)
a budget message meeting the requirements outlined in Section 12.4 of this
Charter; and
(c)
a capital budget as provided in Section 12.5 of this Charter.
(3) Upon
submission by the City Manager of the proposed budget to the City Council, the proposed budget shall
be a public record that is available to the public for inspection in the City
Clerk’s office.
12.3 Annual expense and revenue budget The annual expense and revenue budget shall contain the
following items:
(a)
an estimate of anticipated revenue from all sources, including receipts from
the property tax levy for the ensuing fiscal year;
(b)
an estimate of the various fund surpluses
at the end of the current fiscal year, or of the fund deficits to be made up by appropriation;
(c)
the estimated expenditures necessary for the operation of each of the several
departments, offices, and agencies of the City;
(d)
debt service requirements for the ensuing fiscal year;
(e)
an estimate of the sum required to be raised by the tax levy for the ensuing
fiscal year, and the rate of levy necessary to produce such sum; and
(f)
a summary showing actual expenditures and revenues for the preceding fiscal
year, and a balance between the total estimated expenditure and total
anticipated revenue from all sources, taking into account the estimated fund surpluses or deficits at the end of
the current fiscal year. All estimates shall be in detail, showing revenues by
sources and expenditures by organizational units, activities, agencies, or
objects.
12.4 The budget
message. The budget message shall
contain:
(1) the
recommendations of the City Manager concerning the fiscal policy of the City;
(2) a description of
the important features of the budget plan;
(3) an explanation of
all major increases or decreases in budget recommendations as compared to prior
years;
(4) an estimate of
the surplus in each fund at the end
of the current fiscal year, or of the deficit in each fund to be made up by appropriation;
and
(5) a statement
showing that there is a balance between the total estimated expenditures and
the total anticipated revenue from all sources, taking into account the
estimated surpluses or deficits in the various funds so that at all times the City shall aspire to maintain a
balanced budget.
12.5 Capital budget.
(1) As a part of the budget message, or as a separate report attached thereto,
the City Manager shall present a program of proposed capital projects for the
ensuing fiscal year and for four (4) fiscal years thereafter.
(2) Estimates of the
cost of each such project shall be stated in the same manner as estimates of
other budgetary requirements and recommendations. The City Manager shall recommend
to the Council those projects to be
undertaken during the ensuing fiscal year and method of financing the same.
12.6 Public hearing.
(1) The City Council shall hold at
least one public hearing on the proposed budget, at which time all interested
persons shall have an opportunity to be heard.
(2) Notice of said
hearing shall include a summary of the proposed budget, shall fix a time and
place for the hearing, and shall state that copies of the proposed budget may
be obtained at the City Clerk’s Office. Said notice shall be published and posted at least fourteen (14) days before the date of the hearing.
12.7 Adoption and changes
by the Council. (1) At
the conclusion of the public hearing, the City
Council shall make such changes and alterations in the budget as it deems
proper.
(2) If the Council makes changes to the budget that
result in an increase in the total appropriations
such change shall be reflected in the tax levy.
(3) As soon as
practicable after the conclusion of such public hearing, but in any case prior
to the date established by the State
statutes for certification of the mill levy, the Council shall, by resolution,
adopt the budget. Following adoption, a copy of the resolution of adoption shall be published
and posted.
(4) Following adoption
of the budget, no additional appropriations
shall be made without a public hearing, a duly passed ordinance, and the adoption
by ordinance of a revised quarterly
budget, as is required by the process set forth in Section 12.12 herein.
(5) If at any time during the
fiscal year it appears probable to the City Manager or his or her designee that
the revenues available will be insufficient to meet the amount appropriated, he
or she shall provide a report to the Council
without delay indicating the estimated amount of deficit and recommending any
steps to be taken. The Council shall
then take such further action as it deems necessary to prevent or minimize any
deficit, and for that purpose it may by ordinance
reduce one (1) or more appropriations.
12.8 Certification
of tax levy.
On or before the date
required by the State statutes, the Council shall set a tax levy and certify
the same to the county assessor. If the Council
should fail in any year to make such levy as above provided, the rate last
fixed shall be the rate for the ensuing fiscal year, which rate shall be levied
as provided by the State statutes.
12.9 Appropriation resolution.
On or before the
last day of the fiscal year, the Council
shall, by resolution, appropriate the
money needed for all municipal purposes during the next fiscal year. The appropriations shall be based upon the
budget as adopted. Following adoption, a copy of the resolution shall be published
and posted.
12.10 Appropriation
to lapse.
Except as otherwise
provided by law, by this Charter, or by ordinances
not inconsistent with this Charter, any annual appropriations, or any portion thereof remaining unexpended and
unencumbered at the close of the budget year, shall lapse and revert to the General
Fund, or to such special fund as the Council may by resolution direct.
12.11 Transfer of
funds. (1) The Council may, at
any time, authorize by resolution the
transfer of any unencumbered appropriation
balance, or any portion thereof, from one classification of expenditures to
another within the same department, office, or agency.
(2) For purposes of this section, an
unencumbered appropriation shall be
understood to mean an appropriation
the object of which has ceased to exist.
12.12 Additional
appropriations. (1) Unless an emergency
appropriation is necessary, as
permitted by Section 12.13 below, all appropriations
in addition to those contained in the budget may be made by ordinance of the Council only after a public hearing is held thereon and only so
long as there are sufficient surplus or unencumbered monies available to meet
such appropriation.
(2) In each quarter
in which additional appropriations
are made, including any emergency appropriations, the Council shall adopt at least once per quarter, by ordinance, a revised quarterly budget
that reflects such changes.
12.13 Emergency
Appropriation. To relieve an emergency
endangering the public peace, health, safety or property, and provided that the
Council makes specific findings of
such emergency on the record, the Council may make emergency appropriations
by resolution. As soon as practical thereafter, any such emergency appropriation shall be ratified by ordinance.
12.14 Investment
of City funds. (1) Subject to the provisions of this Charter, monies in any
fund that are available for
investment may be invested in one or more of the securities permitted by the State statutes for the investment of
municipal monies, or in securities payable out of the revenues of any service
or facility furnished by the City, or in general obligation securities of the
City.
(2) Interest on such
investments shall be credited to the fund
to which the investment money belongs, if such can be determined, otherwise to
the General Fund of the City.
ARTICLE XIII. FINANCE ADMINISTRATION
13.1 General fund. There
is hereby established a General Fund. The General Fund shall comprise all
revenues of the City not specifically belonging to any other fund. All general functions of the City
shall be financed from this fund.
13.2 Capital Improvement Fund
and Capital Equipment Fund. (1)
There are hereby established a “Capital Improvement Fund” and a “Capital Equipment Fund.”
(2) The money in the
Capital Improvement Fund shall be used only in payment, in whole or in part, of
the cost of capital improvements.
(3) The money in the
Capital Equipment Fund shall be used only in payment, in whole or in part, for
the cost of capital equipment.
(4) The Council shall have the power, in the
manner provided in Article XII, to transfer to the Capital Improvement Fund or
to the Capital Equipment Fund, from time to time, any portion of the General
Fund surplus not otherwise appropriated.
(5) The money
accumulating in the Capital Improvement Fund, and the Capital Equipment Fund,
shall remain in said funds and shall
be held in separate special accounts, subject to investment as authorized by
the Council.
(6) Appropriations from the Capital
Improvement Fund, for construction of permanent improvements, shall not lapse
until the purpose for which the appropriation
was made shall have been accomplished or abandoned. Upon lapse, all appropriations from the Capital
Improvement Fund shall revert to that fund,
and all appropriations from the
Capital Equipment Fund shall revert to that fund.
13.3 Utility Funds. (1)
There are hereby established three separate City utility funds, which shall be maintained as separate and distinct funds within the City’s budget:
(a)
the Water Utility Fund; and
(b)
the Sewer Utility Fund; and
(c)
the Trash Utility Fund.
(2) The Council may, by ordinance, establish such other utility funds for other utilities as may hereafter be provided by the City
and may delete, by ordinance, any of
the utility funds named in Section
13.3(1) above in the event the City ceases to provide such utility service so
long as each utility service provided by the City does maintain its own
separate and distinct fund.
(3) The Council shall, by ordinance fix the rates at which the City utilities shall be
furnished. Such ordinance shall be
amended as necessary to reflect the amount of any increase imposed on the City
by any governmental entity involved in providing water service to the City and
its customers.
(4) City utility rates
shall, in the judgment of the Council,
be sufficient in amount to provide adequate service to customers, to pay any bonded
indebtedness, to pay any legally required refunds, and to cover the actual cost
of operation, additions, extensions, betterments, improvements, and a
reasonable return on the City’s investment in utility properties and capital
investments, together with reimbursement to the General Fund for administrative services and overhead
provided and incurred by the City for such utilities.
(5) All receipts from
City utility services, subject to reimbursement as provided in Subsection 3 of
this section, shall be paid into the respective utility fund.
(6) The Council shall have power, in the manner
provided in Article XII, to transfer to any utility fund, from time to time, any portion of the General Fund surplus
not otherwise appropriated.
(7) The money
accumulating in any utility fund
shall remain in said fund and shall
be held in separate special accounts, subject to investment as authorized by
the Council.
13.4 Special funds. (1)
Additional funds, which shall be
known as “special funds,” may be
created by ordinance.
(2) The ordinance creating a special fund shall specify and provide for its
source of income, and the purpose for which expenditures from the special fund shall be made.
(3) Special funds created by ordinance may be abolished by ordinance,
subject to existing
obligations, and the remaining assets of any special fund, whose purpose
shall have been accomplished or which shall have been abolished as above
provided, shall be transferred to the General Fund.
13.5 Audit. (1) The Council shall hire an auditor who shall be a certified public
accountant, for such functions and duties as required by this Charter or as may
be deemed necessary by the Council.
The auditor’s compensation shall be fixed by ordinance.
(2) At least once
every three (3) years, the Council
shall conduct competitive bidding for the auditor’s position, subject to such
conditions, rules, and procedures as the Council
may determine from time to time. No certified public accountant or accounting
firm shall perform the independent general audit required by this section for
more than six (6) consecutive years.
(3) The City Council shall provide for an
independent general audit by the auditor of all books and accounts of the City,
and shall publish a summary thereof
once within four (4) months after the end of each year. Copies of such audit
shall be available at the office of the City Clerk for public inspection.
ARTICLE XIV. MUNICIPAL BORROWING
14.1 General obligation
securities. (1) The City may borrow money and
issue securities, or enter into other obligations, to evidence such borrowing
in any form, and in any manner determined by the Council to be advantageous to the City, and not in conflict with
the provisions of this Charter. Such securities may be issued, and such
obligations may be incurred, for any public purpose.
(2) Except as
otherwise provided in this Charter, no securities that mature after the close
of the fiscal year in which they are issued, and that are payable in whole or
in part from the proceeds of ad valorem property taxes, shall be issued except
by ordinance, nor until the question
of their issuance has been submitted to a vote of the registered electors at a regular
or special election and approved by a majority of those voting on the
question.
(3) The election
requirement of Subsection 2 of this section shall not apply to securities
issued for acquiring water and rights thereto, or acquiring improving, or
extending a municipal water system.
14.2 Revenue
securities. The City may, by ordinance and without an election, issue
revenue securities for any public purpose payable in whole or in part from any
source of revenues other than ad valorem property taxes, or from any
combination of sources of revenues other than ad valorem property taxes.
14.3 Refunding
securities. (1) The Council may, by ordinance
and without an election, issue securities for the purpose of refunding
outstanding securities to accomplish any refunding purpose determined by the Council to be advantageous and favorable
to the City.
(2) Refunding
securities may be issued in such principal amount and otherwise, on such terms
as the Council may determine to be
necessary or appropriate to accomplish the refunding purpose.
14.4 Securities,
interest, sale. The
maximum interest rate and all other terms of securities shall be fixed by, or
pursuant to, an ordinance, and such
securities shall be sold to the best advantage of the City as determined by the
Council. All securities may contain
provisions for calling the same prior to the final due date.
14.5 Other contracts and
agreements. (1) The Council may, without an election, enter,
on a long-term or short-term basis, into lease-purchase and installment
purchase agreements, construction contracts, contracts for the purchase,
installation, or acquisition of any real or personal property for public
purposes, and any executory
contracts or agreements, and may, without an election, commit to pay such
obligations in whole or in part from the proceeds of ad valorem property taxes.
(2) Property acquired
or occupied by the City pursuant to this Charter shall be exempt from taxation
so long as used for any authorized public purpose of the City.
14.6 Other contracts and
agreements. (1) No action of whatsoever nature, against any act,
proceeding, or election of the City done or had pursuant to this Article XIV
shall be maintained unless commenced within thirty (30) days after the election
or performance of the act or proceeding or effective date of any ordinance or resolution complained of to:
(a) question the
validity or enforceability of or enjoin the performance of any act;
(b) question the
validity or enforceability of or enjoin the issuance or payment of any
securities;
(c) question the
validity or enforceability of or enjoin the incurring of any other payment
obligation;
(d) question the
validity or enforceability of or enjoin the imposition or collection of any
taxes, assessment, fees, or charges; or
(e) obtain any other
review of or relief against any act, proceeding, or election of the city
pursuant to this Article XIV.
ARTICLE XV. IMPROVEMENT DISTRICTS
15.1 Power to create local
improvement districts. The Council
shall have the power to create local improvement districts and to assess the
cost of the construction, acquisition, or installation of local improvements of
every character against property determined by the Council to be benefited within such districts, in the following
manner.
(1) by order of the Council; or
(2) on a petition by
the owners of property to be assessed for more than two-thirds of the entire
costs estimated by the City Council to be assessed.
15.2 Procedure. (1)
The Council may, by ordinances not inconsistent with this
Charter, prescribe the method and manner of:
(a) creating local improvement districts;
(b)
acquiring, constructing, or installing the improvements therefore;
(c)
letting contracts therefore;
(d)
assessing part or all of the cost thereof against the benefited property;
(e)
providing for the right to protest and the scope and manner thereof;
(f)
paying for or issuing special assessment securities for the costs and expenses
of the organization of the district, the acquisition, construction, or
installation of said improvements, and incidental costs and expenses; and
(g)
all other things in relation to local improvement districts.
(2) The following
requirements shall apply to the creation of any local improvement district:
(a) The creation of
any local improvement district shall be by ordinance;
and
(b) prior
to the adoption of any ordinance
creating a local improvement district, the Council
shall hold at least one (1) public hearing at which all interested persons may
appear and be heard. Notice of any such public hearing shall be published at least once not less than
seven (7) days nor more than fourteen (14) days prior to said hearing and
during this period a notice or summary thereof shall be mailed to each property
owner affected. At the conclusion of the hearing, the Council shall consider all protest and shall establish or reject
all or any part of the proposed district as the interests of the petitioners
and the general public may best be served.
15.3 Deficiency. (1)
When all outstanding securities of a local improvement district have been paid,
and any monies remain in the credit of the district, the Council may transfer such monies to a special surplus and
deficiency fund.
(2) The Council may prescribe by ordinance the manner in which the monies
deposited in the surplus and deficiency fund
may be applied.
15.4 Additional
commitment to pay improvement district securities. The Council may,
without any election, covenant in connection with the issuance of improvement
district securities that, if at least three-fourths of the improvement district
securities issued have been paid, and if for any reason the remaining
assessments are not paid in time to pay the remaining securities of the
district and the interest due thereon, the City shall pay said securities and
the interest due thereon when due and reimburse itself by collecting the unpaid
assessments due the district.
15.5 Improvement district
securities – General benefit. (1)
In consideration of general benefits conferred on the City at large from the construction, acquisition,
or installation of improvements made in connection with a local improvement
district, the Council may levy a
general ad valorem property tax on all taxable property within the City, at an
annual rate not to exceed a total of two (2) mils for all such districts, to be
disbursed among the following purposes with such priority as may be determined
by the Council:
(a) paying
any assessment levied against the City, whether or not imposed on City-owned
property, in connection with securities issued for any local improvement
district; or
(b) advancing
money for the payment of principal, interest, or both, or for establishing
reserves for, or otherwise securing the payment of, securities issued for any
local improvement district in the manner provided for in the authorizing ordinance.
(2) In lieu of
the tax levy provided in Subsection 1 of this section, the Council may, in its discretion, apply any available money of the
City for the purposes listed in Subsection 1 of this section, but in no event
shall the amount so applied in any one year exceed the amount which would have
resulted in such year from a tax levied pursuant to Subsection 1 of this
section.
15.6 Limitation of
actions. (1) No action of whatsoever nature against any act, proceeding, or
election of the City done or had pursuant to this Article XV shall be
maintained unless commenced
within thirty (30) days after the election or performance of the act or
proceeding or effective date of any ordinance
or resolution complained of to:
(a) question
the validity or enforceability of or enjoin the performance of any act;
(b) question
the validity or enforceability of or enjoin the issuance or payment of any
securities;
(c) question
the validity or enforceability of or enjoin the incurring of any other payment
obligation;
(d) question
the validity or enforceability of or enjoin the imposition or collection or any
taxes, assessment, fee, or charges; or
(e) obtain
any other review of or relief against any act, proceeding, or election of the
city pursuant to this Article XV.
(2) Any action not
commenced within the time limits provided in Subsection 1 of this section shall
be thereafter perpetually barred.
(3) The limitations
of this section shall be in addition to any limitations or restrictions
provided by ordinance.
ARTICLE XVI. PURCHASES AND SALES
16.1 Purchases. The
City Manager shall be responsible, subject to procedures established by ordinance, for contracting for and
purchasing all supplies, materials, equipment, and contractual services
required by any department, office, entity, or agency of the City. The purchasing officer shall be the City
Clerk.
16.2 Powers and duties. It
shall be the duty of the purchasing
officer to certify that purchasing procedures are followed, to issue
purchase orders, and to keep an inventory.
16.3 Competitive
bidding. The Council shall
establish, by ordinances not
inconsistent with this Charter, the procedure for entering into contracts for
purchases and contracts for construction of public works.
16.4 Contracts for
City improvements. All City improvements, except those performed by the
City using city employees, shall be
made by contract awarded to the most competitive responsible bidder, unless the
City Council determines that the
public interest will be better served otherwise in any given situation.
16.5 Local purchases. Subject
to the other provisions of this Charter, whenever a product or service is
available within the City that meets requirements established pursuant to the
City’s purchasing and contracting procedures as to quality and quantity, and
the price is comparable with outside sources, the City may give preference to
the supplier of such product or service that is located in the City.
16.6 Emergency
purchases. In case of an emergency,
the Council may waive all provisions
for competitive bidding and permit the purchase of necessary products or
services in the open market at more than prevailing commercial prices.
16.7 Capital improvements. Capital improvements costing in excess
of a maximum amount, which shall be established by ordinance, except when performed by the City using City employees, shall be by contract and
subject to the following requirements:
(1) The purchasing officer shall, on the basis
of specifications properly submitted
and approved, advertise for and receive sealed bids for the work contemplated,
and on closing of the bidding, shall open the bids, tabulate same, and present
the results, with recommendations to the City Manager.
(2) The City Council shall have final approval
of the bid determined by it to be the most advantageous to the City, and all
bids may be rejected if determined by the Council
to be in the best interests of the City.
(3) When no
satisfactory bids are received, or for other reasons deemed expedient to the Council, contracts for public works or
improvements may be negotiated, provided that contracts for which no
competitive bids have been requested shall be invalid unless accepted by ordinance that shall declare the reason
for the exception to the competitive bidding requirement.
(4) The Council shall have the power to waive
the above requirements on expenditures costing less than a minimum amount,
which shall be established by ordinance,
if it determines that the best
interests of the City may be served thereby.
16.8 Sales. The purchasing officer shall dispose of any
surplus materials, items deemed undesirable, or articles of value that are no
longer of use to the City by bid or by auction. If the bids or offers are
disadvantageous to the City, the purchasing
officer may reject any or all of them. If no bids or offers are received
for said articles, the purchasing officer
may then dispose of such materials to the best advantage of the City.
ARTICLE XVII. FRANCHISES AND PERMITS
17.1 Franchise defined. Franchise
means an agreement between a supplier of a product or service, such as
telephone, internet, or cable television services, and the City by which the
City agrees to sell the franchisor’s product or service to City residents
according to terms and conditions set out in a franchise agreement. State and federal law regulate the content
of franchise agreements.
17.2 Granting of franchises. (1)
No franchise shall be granted or renewed for a longer period than twenty (20)
years.
(2) No franchise shall be granted,
renewed, or amended by the Council
except by ordinance. Any ordinance granting, renewing, or
amending a franchise shall be subject to a timely referendum if one is filed in
accordance with the procedures and requirements set forth in this Charter.
(3) Notwithstanding any other provision
of this Charter, such a petition shall be signed by registered electors of the City equal in number to at least five
percent of the total number of electors of the City registered to vote at the regular election immediately preceding
the filing of the petition.
(4) If such an election is ordered, the
grantee of such franchise shall deposit the cost of the election with the City
Clerk in an amount determined by the City Clerk.
(5) Each franchise granted pursuant to
this Charter shall include a provision for a periodic review of the franchise
by the Council.
(6) The Council shall establish, by ordinance
not inconsistent with this Charter, the terms, fees, compensation, conditions,
record keeping, and other matters relating to franchises.
(7) The franchisee shall promptly file,
in writing, its acceptance of each grant, renewal, or amendment of a franchise
following final adoption of the ordinance
making such grant, renewal, or amendment. The failure to file such acceptance
within forty-five (45) days of said final adoption shall be deemed an
acceptance of such grant, renewal, or amendment.
17.3 Revocable permits or
licenses. Any permit or license
granted for the temporary use or occupation of any street, alley, other public
way, or City-owned place, shall be revocable by the City at any time and
without cause, whether or not such right to revoke is expressly reserved in the
permit or license.
17.4 Tracks and crossings. The 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 rights-of-way or tracks running over, under, along, or across any public
thoroughfare, and to construct and maintain all street crossings, bridges,
viaducts, or other conveniences in good condition with proper approaches and
safety devices.
17.5 Existing Franchises.
All franchise ordinances of the City
in effect at the time that this Charter is adopted shall remain in full force
and effect according to their provisions and terms until the expiration date
provided in such ordinance or until
modified by another franchise.
ARTICLE XVIII. TAXATION
18.1 City taxes. The Council may adopt by ordinance municipal taxes as long as
those taxes comply with the following conditions:
(1) Such taxes are subject to any
applicable limitations in the Colorado Constitution, including any requirements
for voter approval; and
(2) Such taxes
are not prohibited for home rule municipalities by the Colorado Constitution.
18.2 Retained revenues. (1)
The City shall be authorized to collect, retain and expend all of the sales and
use tax revenues and all revenues generated by the City, subject only to those
limitations previously approved by the voters, notwithstanding any limitation
contained in Article X, Section 20, of the Colorado Constitution or any other
law.
(2) The City may, in order to
serve the best interests of the City, opt out of the provisions imposed by
Article X, Section 3, of the Colorado Constitution, regarding valuations for
assessment on real and personal property. Any such decision to opt out shall be
set forth in the ordinance or resolution that sets the ballot question
for the election.
18.3 Enterprise
funds. (1) The Council may,
subject to ordinance requirements and
limitations, adopt ordinances
providing for the establishment and operation of any enterprise deemed to be in
the best interest of the City.
(2) Within
this Article, enterprise refers to a government-owned business authorized to
issue its own revenue bonds and receiving under ten percent (10%) of its annual
revenue in grants from all Colorado state and local governments combined.
ARTICLE XIX. MISCELLANEOUS LEGAL PROVISIONS
19.1 Contracts and conveyances. All
contracts in writing binding the City, and all conveyances of an interest in
land by the City, shall be accepted by action of Council, signed by the Mayor,
and attested by the City Clerk under the seal of the City.
19.2
Sale of real property. Real property of the City shall be sold
only by ordinance after the
completion of a process that shall also be outlined by ordinance and that shall require the City to obtain at least one appraisal
of the property from an appropriate state licensed appraiser, the selection of
whom shall be done publicly and by resolution
of Council. In addition, lands owned
or acquired by the City and used by the City for park purposes shall not be
conveyed except upon the approval of the registered
electors voting thereon at a regular
or special election.
19.3 Oath of Office. Before
entering upon his or her duties, every elected
official and every board or
commission member shall take, subscribe before, and file with the City
Clerk, an oath or affirmation to support the Constitution of the United States,
the Constitution of the State of Colorado, this Charter, and the ordinances of the City, and faithfully
perform his or her duties.
19.4 Bonding. Before
permitting any elected official, officer, or employee to perform any function or duty involving the handling of
City monies, the Council shall obtain
a fidelity bond or insurance coverage, in sufficient amount to be fixed by the Council.
19.5 Eminent domain. (1)
The City shall have the full powers of eminent domain as provided by the
Constitution of the State of Colorado. No entity established by the City which
has the power of eminent domain shall exercise that power except upon the terms
and conditions established by the City
Council by ordinance.
(2) The preferred
interpretation of this Section 19.5 shall be to provide a disincentive to the
City against using its power of eminent domain to take private property from
one owner in order to transfer it to another non-governmental owner, including
any entity created by a governmental entity for the purpose of participating in
a lease-purchase agreement with a private entity. This Section 19.5 shall not be interpreted to limit the City’s
power of eminent domain, to alter the definition of “just compensation” as
established by statutory and common law, or to alter the definition of “public
use” as established by statutory and common law.
(3) In the event that
title to land or improvements that was obtained by the City or any entity of
the City using its power of eminent domain is transferred to a non-governmental
owner at any time within ten (10) years of the original taking, the City shall
pay the former property owner the actual value of the property as reported by
the County assessor’s records as of the date of the original taking by the City
in addition to the amount of just compensation paid to the property owner at
the time of the taking.
(4) Additional
compensation due a property owner pursuant to Section 19.5(3) above shall be
reduced by any amount paid pursuant to the Uniform Relocation Assistance Act of
1970, 42 U.S.C. § 4601, et seq., as
may be amended from time to time, and by any other amount paid by the City over
and above the just compensation amount paid at the time of the taking.
(5) The City shall not
attempt to circumvent the intent of this Section 19.5 by the use of leases or
other financing mechanisms. The City shall make the payment specified in
Section 19.5(3) if a lease or other financing mechanism is granted to any
non-governmental entity that permits the possession or use of the taken
property, with the exception of leases that permit the minor and incidental use
of the property.
(6) Easements for public
utilities and common carriers are specifically excluded from the requirements
of Section 19.5(3).
(7) Nothing shall prohibit
an owner of land or improvements from releasing the City from the obligations
imposed on it by Section 19.5(3) by written agreement.
19.6 Bequests,
gifts, and donations. (1) Personal property. Except as otherwise provided in this Charter, the City Manager,
may on behalf of the City and as set forth in Section 9.2(13), accept or decline
bequests, gifts, and donations of all kinds of personal property. Upon approval of Council, the City may manage, sell, lease, or otherwise dispose or
provide for the disposition of the same.
(2) Real property. Upon approval
of Council after evaluating the costs
and benefits of accepting title to such real property, the procedure for which
evaluation may be established by ordinance,
the City may accept or decline bequests, gifts, and donations of real property.
Upon approval of Council, the City
may manage, sell, lease, or otherwise dispose or provide for the disposition of
the same.
19.7 Saturday,
Sundays, and holidays. Whenever the date fixed by this Charter or by ordinance for the doing or completion of
any act or the happening of any event falls on a Saturday, Sunday, or legal
holiday, such act shall be done or completed, or the event shall occur on the
next succeeding day which is not a Saturday, Sunday, or legal holiday.
19.8 Penalty for willful
violation of Charter. By referral
from the Charter Review and Compliance Commission established pursuant to
Section 11.6 of this Charter or by any other applicable procedure, any willful
violation of a provision of this Charter shall be deemed a misdemeanor and may
be prosecuted in the Municipal Court. The penalty for any such violation may be
imprisonment for a term not to exceed the maximum term of imprisonment that the
Municipal Court is authorized to impose, fine in an amount not to exceed the
maximum fine that the Municipal Court is authorized to impose, or both such
fine and imprisonment. Immediately
following the adoption of this Charter, Council
shall by ordinance define what
constitutes a willful violation of this Charter and shall set appropriate
penalties not inconsistent with this Charter.
19.9 Intergovernmental
agreements. The Council may, by resolution, enter into contracts with other governmental bodies for
the provision of such functions, services, or facilities as authorized by the Colorado
Constitution and State statutes.
19.10 Construction
of words. Whenever
such construction is applicable, words used in this Charter importing singular
or plural number may be construed so that one number includes both; and the
word “person” may include persons, firms, corporations, associations, and other
entities.
19.11 Captions and headings. The
headings and captions of the several articles and sections of this Charter are
for convenience only and shall not be considered as part of this Charter.
19.12 Severability.
If any article, section, clause, or provision, or other portion of this
Charter, or the application thereof, is found to be invalid by a court, such
invalidity shall not affect any remaining portion or application which can be
given effect without the invalid portion of application, and to this end, this
Charter is declared to be severable.
ARTICLE XX. TRANSITIONAL PROVISIONS
20.1 Purpose of
Transitional Provisions. The
purpose of this Article is to provide for an orderly transition from the
present City government to a Council-Mayor-Manager form of government under
provisions of this Charter. The provisions of this Article shall constitute a
part of this Charter only to the extent necessary to accomplish that purpose.
20.2 Effective Date of
Charter. This Charter shall become effective immediately upon voter
approval at the special election that
shall be held for the purpose of considering this Charter, except that the
existence and effective date of the City Manager position, and the impact that
the existence of the City Manager position will have on the powers and duties
of the Mayor and City Council, as those powers exist today, shall be as follows:
(1) By November 1, 2008, the City Council shall prepare and present
to the public in the form of a resolution
a plan for the recruitment and hiring of a City Manager and a plan for the
transition of powers currently possessed by the Mayor and Council to
those established in this Charter to be held by the City Manager. The plan shall include, at a minimum, the
development of a City Manager job description, appropriation of monies for a national recruitment effort, setting
of a reasonable salary range, and a timeline for the transition of powers from
the Mayor and Council to the City Manager, including provisions for the transfer
of the Council President’s powers to the
Mayor and provisions for phasing out and eventually abolishing the City’s
Personnel Board as the City Manager takes over those personnel duties.
(2) No later than with the budget for the 2009 fiscal year, the City shall
appropriate monies to pay the salary of a City Manager.
(3) Subject to the details of the hiring process, the City may employ
a City Manager beginning on January 1, 2009, or as soon thereafter as the
position may be filled. On July 1, 2009, if no City Manager has begun
employment with the City, Council
shall act to name within the next thirty (30) days, or by August 1, 2009, a
department head to serve as the Acting City Manager pursuant to Section
9.1(5) of this Charter.
(4) Upon the hiring of a City Manager or appointment of an Acting
City Manager, the timeline for the transition of power from the Mayor and Council to the City Manager that was prepared by Council pursuant to Section 20.2(1)
above, shall be implemented so that the City Manager or Acting City Manager shall
have and exercise all authority and power vested in the office of City Manager
by this Charter on or before the City’s next regular municipal election in
November of 2009.
(5) As with the transfer of power
to the City Manager, the transfer of power from the Council President to the Mayor shall be complete, in a manner
determined by Council, no later than
the City’s next regular municipal election in November of 2009.
20.3 Continuation
of Present Elected Officials. The present City Council and the Mayor
in office at the time of the adoption of this Charter shall remain the City Council and the Mayor and shall continue to serve out
their terms of office. The Mayor and the Council shall carry out the functions, powers and duties of their
positions, as modified by this Charter, until their successors assume such
duties after the regular municipal elections held in November of 2009 and
November of 2011.
20.4 Conversion
of Council Terms to Four (4) Years. Upon the expiration of the existing two-year
Council terms, four-year terms shall
be implemented so that, beginning with the November 2009 election, the election
of every new Council member to any new Council seat shall be for a four-year term unless a shorter term is
required pursuant to Section 3.2 to restore the staggered expiration of terms.
20.5 Continuation
of City Officers and Employees. (1) All City officers and employees at
the time this Charter is adopted shall continue in the office or employment
that corresponds to the City office or employment that he or she held prior to
the effective date of this Charter.
(2) All City officers and employees
shall, in all respects, be subject to the provisions of this Charter as though
they had been appointed or employed in the manner provided in this Charter,
except that any officer or employee who holds a position that this
Charter provides to be held at the pleasure of Council shall hold such position only at such pleasure regardless
of the term for which he or she was originally appointed or hired.
20.6 Continuation
of Board and Commission Members. (1) All City board and commission members shall, in all respects, continue to
serve out their full appointed terms but shall be subject to the provisions of
this Charter as though they had been appointed in the manner provided in this
Charter. However, the City’s Personnel
Board members may be relieved of their duties prior to the expiration of their
full appointed terms because the Personnel Board shall be abolished by ordinance when a City Manager has assumed
his or her duties.
(2) Notwithstanding the other
provisions of this Charter, the length of the terms of office of board and
commission members appointed after the effective date of this Charter may be
shortened as specified by the Mayor if the Mayor determines that such
shortening is necessary to achieve the overlapping terms of office required by
this Charter.
20.7 Continuation
of Prior Charter. The provisions of this Charter, insofar as they are the
same as those of the Charter of the City dated March 4, 1992, as amended, shall
be considered as a continuation thereof and not as new enactments.
20.8 Continuation of
Prior City Legislation. All ordinances,
resolutions, contracts, rules and
regulations of the City in force at the time this Charter becomes effective
shall continue in full force except insofar as they conflict with the provisions
of this Charter or are subsequently amended or repealed by ordinance enacted under the authority of this Charter.
20.9 Savings 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 contracts between the City and individuals,
corporations or public agencies.
ARTICLE XXI. DEFINITIONS
21.1 Generally.
As used in this Charter, the following terms shall have the following meanings,
except where the context clearly indicates otherwise.
21.2
Any entity established by the City
means any organization, committee, commission, board or body, including boards and commissions and community committees, by whatever name
it is called, that is established by operation of this Charter or by operation
of the municipal powers conferred by state statute, or over which the City Council, Mayor, or City Manager has direct control or authority. Any
entity established by the City does not mean any non-profit corporation
with 501(c)(3) tax exempt status.
21.3 Appropriation means an authorization
granted by the Council to make
expenditures and to incur obligations for specific purposes.
21.4 Board or Commission or board and commission means the boards
and commissions established by or pursuant to Article XI of this Charter,
including any urban renewal authority established pursuant to Title 31, Article
25, of the Colorado Revised Statutes.
21.5 Board or commission members means an
appointed member of a City board or
commission formed pursuant to Article XI of this Charter. Appointees to boards or commissions are not
compensated for their time or service to the City and are referred to in this
Charter as board or commission members.
21.6 Business days means calendar days,
exclusive of Saturdays, Sundays, and legal holidays.
21.7 Candidate means a person seeking
nomination, appointment, or election as an elected
official.
21.8 Capital equipment means a City-owned
asset, the expenditure for which is capitalized and depreciated over the
estimated useful life of the asset.
21.9 Capital improvement means public
improvements, including but not limited to streets, sidewalks, curbs, gutters,
pedestrian malls, streetlights, drainage facilities, landscaping, decorative
structures, statuaries, fountains, identification signs, traffic safety
devices, bicycle paths, off-street parking facilities, benches, rest rooms,
information booth, public meeting facilities, and all necessary, incidental and
appurtenant structures and improvements. Capital improvements are assets, the
expenditure for which is capitalized and depreciated over the estimated useful
life of the asset.
21.10 Community committee means a committee,
task force, panel, working group, or other body, by whatever name it may be
called, comprised of volunteers only that is created by ordinance or resolution
and is established for a specific, short-term purpose, as required by Section 11.8(1).
21.11 Conflict of interest means a pecuniary,
property, or commercial benefit of any person covered by this Article, or of
any relative of the same, but does
not include any matter involving the common public interest, or any matter in
which a similar benefit is conferred, or is available to all persons or property
similarly situated.
21.12 Council or City Council means the body
constituting the City Council of the
City of Edgewater, Colorado, including the seven (7) Council members and the Mayor.
21.13 Council member means any one of the
seven (7) members of the City Council but not the Mayor.
21.14 Council sub-committee means a working
group within Council that is
comprised solely of members of Council
and that is established by ordinance
for a specific, short-term purpose, as is required by Section 3.7(2) and
Section 11.8(2).
21.15 Department head means the City Clerk,
the Fire Chief, the Police Chief, the Public Works Director, the Parks and
Recreation Director, and the head of any other City department later created by
ordinance pursuant to Section 10.7 of
this Charter.
21.16 Elected official means the Mayor and each Council member.
21.17 Emergency means an existing condition
actually arising from unforeseen contingencies which immediately endangers
public property, health, peace, or safety.
21.18 Emergency ordinance means an ordinance, the immediate passage of
which is, in the opinion of the Council,
necessary for the preservation or protection of public property, health, peace,
or safety.
21.19 Employee means any person compensated
for his or her service to the City who is not an independent contractor by
operation of a separate agreement.
Reimbursement to volunteer
firefighters for expenses incurred in responding to a call does not render
the volunteer firefighter an employee
of the City.
21.20 Fund means a sum of money segregated for
the purpose of carrying on specific
activities or attaining certain objectives in accordance with special
regulations, restrictions, or limitations.
21.21 Mayor means the Mayor of the City of Edgewater, Colorado.
21.22 Member of Council or members of Council means any of the
seven (7) Council members or the Mayor.
21.23 Officer means the City Manager, the City
Clerk, and the head of any City department now existing or later created by ordinance.
21.24 Ordinance means a written legislative
enactment of the City Council adopted pursuant to the process set out in
Section 6.5 of this Charter.
21.25 Overlapping terms means the terms of
board and commission members, the expiration of which are staggered, as nearly
as practicable, in such a manner that no two terms expire within 12 months of
one another.
21.26 Posting or posted means posting in at least three (3) conspicuous public
locations, one (1) of which may be the City’s website, and at least one (1) of
which shall be a location that is open to the public at hours different from
the hours during which City Hall is open to the public.
21.27 Publication or publish means publication in a manner set by ordinance for the official publication of City ordinances and announcements.
21.28 Purchasing officer means the City Clerk.
21.29 Registered elector means an elector who
has registered to vote pursuant to the Municipal Election Laws adopted by the
City in Section 4.1 of this Charter.
21.30 Regular election means an election held
pursuant to Section 4.2
21.31 Regular municipal election cycle means
the roughly two years that pass between each regular municipal election held in
November of odd numbered years, as is set forth in Section 4.2 of this Charter.
21.32 Relative means one’s parents, siblings,
spouse, and children, and the spouse of one’s parents, siblings, and children.
21.33 Resolution means a written enactment of
Council that is not legislative in nature, is effective immediately upon
passage, and need not follow the process required for the adoption of ordinances.
21.34 Special election means an election held
at a time other than a regular election.
21.35 Statutes or State statutes means the statutes of the State of Colorado, as from
time to time amended.
21.36 Volunteer firefighter means a
firefighter serving without pay on the City’s Fire Department. Officers and employees of the City’s
Fire Department are not volunteer firefighters. Reimbursement to volunteer firefighters for expenses incurred in
responding to a call does not constitute pay or otherwise render the volunteer
firefighter an employee of the City.
THE CITY OF EDGEWATER
CHARTER COMMISSION
CERTIFICATE OF FINAL ADOPTION
We, the undersigned, present members of the City of
Edgewater Home Rule Charter Commission, duly elected by the people of Edgewater,
Colorado, at a regular election held on November 8, 2007, under the
authorization of Article XX of the Constitution of the State of Colorado, to
frame a new Home Rule Charter for the City of Edgewater, do hereby certify that
the foregoing is the Proposed Charter as finally approved and adopted by the
members of the Charter Commission on the 18th day of March, 2008, for
submission to the City of Edgewater City Council for referral to the people of Edgewater
at a special election to be held for the purpose of approving this Proposed
Charter.
Done in triplicate at Edgewater, Colorado, the 18th
day of March, 2008.
________________________________ ________________________________
Leanna Hale, Chairperson Debbra Halbur
________________________________ ________________________________
John Moreno, Vice-Chairperson Lee Scott Hastie
________________________________ ________________________________
Cheryl Archuleta, Secretary Karen Hing
________________________________ ________________________________
Devon Barclay Calene
Johnson
________________________________ ________________________________
John Fox Joe
McDonald
________________________________ ________________________________
JB Freeman Chris
Mendez
________________________________ ________________________________
Juanita Freeman Pauline
York
________________________________ ________________________________
Nancy Gimberline Hilary M. Graham, Attorney for the Commission
CITY OF EDGEWATER
CERTIFICATE OF
ELECTORAL APPROVAL
I hereby certify that the foregoing is the new Home Rule
Charter as approved by the registered electors of the City of Edgewater at a
special election held on ______________________, 2008.
CITY OF EDGEWATER CHARTER
COMMISSION
By: _________________________
Leanna Hale, Chairperson
CITY OF EDGEWATER
CERTIFICATE OF FILING
I hereby certify that a true and
correct copy of the new Home Rule Charter, certified as such, and as approved
by the registered electors of the City of Edgewater at a special election held
on ____________________, 2008, was filed with the Secretary of State and with
the City Clerk on this ____________________ day of ____________________, 2008.
CITY OF EDGEWATER CHARTER
COMMISSION
By: _________________________
Leanna Hale, Chairperson