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[1] 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 1^st 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 1^st 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 18^th 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 18^th 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