HomeMy WebLinkAbout002 - 02/10/1939 - CREATING THE OFFICE OF CITY MANAGER, DEFINING HIS DUTIES, FIXING HIS COMPENSATION AND TERM OF EMPLOY ORDINANCE NO 2 1939
BEING AN OORDINANCE CREATING THE OFFICE OF CITY M�.NAGER, DEFINING
HIS DUTIES, FIXING HIS COMPENSATION AND TERM OF EMPLOYMENT AND
DECLARING AN E1IEI&ENCY
WHEREAS, the City Council of the City of
Fort Collins is of the opinion that public service requires
and a more economic and efficient management in the adminis-
tration of the city government may be obtained through the
appointment and employment of a City Manager, who shall be
the head of the administrative branch of the City, selected
on the basis of his training, ability, experience and personal
traits and shall exercise all administrative authority and he
shall be responsible only to the City Council, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS
Section 1 Creation of Office There is
hereby created the office of City Manager and prior to the
first day of 11arrh 1939 , the City Council shall appoint an
officer whose title shall be "City Manager" and who shall assume
the duties of his office on ITaarch 1, 1939 ana who shall be the
chief executive officer and head of the administrative branch
of the City government , and who shall be chosen by the Council
solely on the basis of his executive and administrative quali-
fications, with s-oecial reference to his actual experience in,
or his knowledge of, accepted practice in respect to the duties
of his office hereinafter outlined, and who shall have had at
least six years experience in the operation and management of
electric utilities and shall devote his full time to said
office No person elected to membership on the Council shall ,
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subsequent to such election, be eligible for appointment as
City Manager until one year has elapsed following the expiration
of the term for which he was elected The City Manager shall
be appointed for an indefinite term, but may be removed by a
majority vote of the members of the Council In case of the
absence or disability of the Manager the Council may designate
a qualified administrative officer of the City to perform the
duties of the Manager during such absence or disability The
salary of the City Pranager shall be fixed by Resolution
Section 2 Responsibility of Nanager - Powers
of A-opointment and Removal The City Manager shall be responsible
to the Council for the proper administration of all affairs of
the City placed in his charge, and to that end, except as other-
wise provided herein he shall have the power to appoint and
remove all employees in the administrative service of the City,
except members of boards and commissions whose services are
rendered without pay, but the Manager may authorize the head
of a department or officer responsible to him, to appoint and
remove subordinates in such department or office Appointments
made by or under the authority of the City Vanager shall be
on the basis of executive and administrative ability and of the
training and experience of such appointees in the work which
they are to perform 411 such appointments shall be without
definite term
Section 3 Removal of Employees Any employee
to whom the City D"anager, or a head of a department or office ,
may appoint a successor, may be removed by the Manager or other
appointing officer at any time , the decision of the Manager, or
other appointing officer shall be final and there shall be no
appeal therefrom to any other officer, body or court whatsoever
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Section 4 Council not to Interfere with Appoint-
ments or Removals Neither the Council nor any of its committees
or members shall direct or request the appointment of any person
to, or his removal from, office by the City PTanager, or any of
his subordinates, or in any manner take part in the appointment
or removal of employees in the administrative service of the City
Except for the purpose of inquiry, the Council and its members shall
deal with the administrative service solely through the Manager
and neither the Council, nor any member thereof shall give orders
to any subordinate of the City Manager either publicly or privately,
except in case of emergency
Section 5 Duties of the Manager It shall be
the dutv of the City Manager under the necessary direction and
supervision of the City Council, to perform the following duties
(a) To act as chief conservator of the peace ,
(b) To supervise the police and fire departments,
(c) To enforce the penal laws of the State and all ordinances
of the City,
(d) To make such recommendations to the Council concerning
the affairs of the City as may seem to him desirable ,
(e) To keep the Council advised of the financial condition
and future needs of the City,
(f) To prepare and submit to the Council the annual budget
estimate ,
(g) To prepare and submit to the Council such reports as
may be required by that body,
(h) To supervise the inspection of steam boilers , plumbing,
electrical wiring and construction, heating power
and lighting, sewer flushing and repairs,
(1) To abate all nuisances,
(j) To maintain general cleanliness in the City,
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(k) He shall have the direct care , control and super-
vision over all streets avenues, alleys levees,
bridges , viaducts , sidewalks, crosswalks, curbs
and gutters and over all improvements and repairs
thereon, including street paving alley paving,
gutters , curbs, crosswalks, sidewalk construction,
and the construction and repairs of all city
buildings,
(1) He shall have the care and supervision of all real
and personal property owned , leased or controlled
by the City,
(m) He shall have supervision of all public parks and the
cemetery of the City and of the planting, both by
private individuals and by the City of ornamental
and shade trees along public streets
(n) He shall have supervision and control of the con-
struction, repair and operation of the water system
sewage system and municipal street railway and
municipal eldctric light and power system
(o) He shall maintain general supervision over all persons,
firms ana corporations furnishing public utilities
to the City, or to its inhabitants , insofar as they
are made subject to municipal control under the
City Charter or by ordinance,
(p) He shall cause to be institutea such actions or pro-
ceedings as may be necessary to prosecute public
utility companies zor violation of the law, ordinance
or the City Charter,
(q) he shall see that all moneys of every kind due to the
City are auly and promptly paid
(r) He shall supervise the purchase of all supplies for
the City in manner as provided by the City Charter
he sh&ll advertise annually in December for at least
ten (10) days by one publication in a newspaper of
general circulation of the City for bids for furnish-
ing all supplies for the City for the ensuing fiscal
year, and shall open the bids received in the presence
of the Council in January of each year Upon order
of the City Council, he shall re-advertise for bids
on bids which my have been rejected, or purchase
the supplies on the open market when said bids are
unsatisfactory,
(s) He shall make written requisitions for all supplies
as needed to the Commissioner of Finance and the
Council shall mass upon said requisitions upon the
approval of said Commissioner,
(t) He shall be custodian of all supplies purchased until
delivered for use and shall be responsible therefor,
he shall keep books of account of all supplies
purchased and to whom delivered,
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(u) He shall manage and operate the Light and Power
Department in conformity with The provisions of
Ordinance No 9 of the Series of 1965 duly adopted
on May 15, 1935,
(v) He shall perform such other duties as may be required
of him by ordinance or resolution of the Council
Section 6 Right of Manager in Council The City
Manager shall be entitled to a seat in the Council, but shall have
no vote therein, and shall have the right to take part in the
discussion of all matters before the Council and shall attend all
meetings of the City Council
Section 7 Retention of Present Departments All
departments, offices , commissions and boards heretofore created
by the City Charter or by Ordinances, are hereby retained and
continued as in said charter or ordinance provided, except that
all departments shall be under the management of the City Manager
as in this ordinance defined, subject to the necessary supervision
of the City Council, however, the City Manager shall have the right
and duty of using employees and equipment in one department on the
work of another department and of assigning employees to part time
duty in two or more departments when in his judgment the same shall
be desirable, provided, however , that proper allocation of necessary
costs shall be charged against the department receiving the service
Section 8 Bond The City Manager shall give bond in
such amount as the City Council may by resolution fix, executed by
a surety company and approved by the Commissioner of Safety and
conditioned that he shall well and faithfully perform all the
duties of his office and shall account for and turn over all money,
property ana books of the City coming to his hands
Section 9 Oath of Office Before assuming his
duties, the City Manager shall subscribe and file with the City
Clerk the oath of office provided in Section 7 of Article XX of
the City Charter
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Section 10 The duties, rights and powers herein
given to the City Manager are granted in conformity with Section
6 of Article III and Section 6 of P rticle V of the City Charter
Section 11 Ordinance No 9 , 1938 and all other
ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed
Section 12 In the opinion of the City Council an
emergency exists for the preservation of the public health peace
ana safety, and this ordinance shall take effect upon its passage ,
under and by virtue of the authority contained in Sections 6 and
7 of Article IV of the City Charter
Introduced read at length and adopted by the unanimous
vote of all members of the City Council at a regular meeting
held this loth day of February, A D 1939
i
Commiss o r o ty and Ex-Offs i
Ntayor
Attest
City C erk
STATE OF COLORADO, )
ss
County of Larimer }
I, MILES F HOUSE City Clerk of the City
of Fort Collins, do hereby certify and declare that the fore-
going Ordinance , consisting of twelve (12) sections, was duly
proposed and read at length at a regular meeting of the City
Council, held on the loth day of February, A. D 1939 and was
duly adopted and ordered published in the Fort Collins Express-
Courier, a daily newspaper of general circulation published in
the City of Fort Collins, by the unanimous vote of all members
of the City Council as an emergency ordinance, in accordance with
the provisions of Sections 6 and 7 of Article IV oz the City
Charter, and thereafter and on to-wit the 14th aa,y of February,
A D 1939 , said Ordinance No 2 was duly published in the Fort
Collins Express-Courier, a daily newspaper published in the City
of Fort Collins Colorado
Ih WITNEESS 4VEMOF, I have nereunto set my
hand and affixed the seal of said City, this 14th day of February,
A D 1939
City Clerk