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HomeMy WebLinkAbout077 - 06/03/1997 - AMENDING THE CITY CODE BY THE ADDITION OF A NEW SUBSECTION FOR THE PURPOSE OF AMENDING SECTION 23-8 ORDINANCE NO. 77, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS BY THE ADDITION OF A NEW SUBSECTION FOR THE PURPOSE OF AMENDING SECTION 23-8 OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES," 1977 EDITION RELATING TO THE APPOINTMENT OF THE CITY'S TRAFFIC ENGINEER WHEREAS, the City Code has adopted and incorporated into it by reference the 1977 Edition of the Model Traffic Code for Colorado Municipalities ("the MTC"); and WHEREAS, Section 23-8(a)of the MTC provides that the City's Traffic Engineer shall be appointed by the City Council; and WHEREAS, this provision in MTC Section 23-8(a) is in conflict with Section 2 of Article III of the City Charter which provides that the City Manager shall be responsible for and have the power to appoint all heads of departments and employees of the City except as otherwise provided in the Charter; and WHEREAS, the Charter contains no other provisions concerning the appointment of the City's Traffic Engineer and, therefore, the City's Charter grants to the City Manager the power to appoint the specific individual who is to be the City's Traffic Engineer; and WHEREAS, it is therefore necessary for MTC Section 23-8 to be amended to provide that the City's Traffic Engineer shall be appointed by the City Manager. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Section 28-17 of the Code of the City of Fort Collins is hereby amended to add a subsection(28.2)for the purpose of amending Section 23-8 of the"Model Traffic Code for Colorado Municipalities," 1977 edition to read as follows: Sec. 28-17. Amendments to the adopted code. (28.2) Section 23-8, Office of traffic engineer, is amended as follows: "Sec. 23-8. Office of traffic engineer. "(a) The office of traffic engineer is hereby established. The traffic engineer shall be appointed by the City Manager of this municipality and shall exercise the powers and duties provided in this Code under the supervision of the City's Director of Transportation Services. "(b) In the absence of such appointment or at such times as the traffic engineer may be absent from the municipality or unable to perform his duties, the said duties shall be vested in the chief of police or other municipal official as determined and authorized by the City Manager of this municipality." Introduced, considered favorably on first reading, and ordered published this 20th day of May, A.D. 1997, and to be presented for final passage on the 3 ay f June, A.D 7. 11- 1 Mayor A Passed and adopted on final reading this 3rd:day of e, A.D 997. yor ATTEST: City Clerk