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HomeMy WebLinkAbout022 - 02/20/2001 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS A PROPOSED CHARTER AMENDMENT PERTAINING TO THE DEFIN ORDINANCE NO. 22, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE XIII OF THE CITY CHARTER, PERTAINING TO THE DEFINITION OF TERMS WHEREAS,Article IV,Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S., provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS,the terms"department"and"division"appear in various provisions throughout the City Charter and those terms are defined in Article XIII of the Charter in a manner that is inconsistent with the present organizational structure of the City; and WHEREAS, the term "department" as used in the Charter refers to a major city administrative unit headed by a director,which unit,in the current organizational structure of the city is actually a "service area"; and WHEREAS,the term "division" as used in the Charter refers to administrative units that, in the City's current organizational structure, are referred to as a "department"; and WHEREAS,the City Council believes that the terms "department"and "division" should be redefined in the Charter so as to be consistent with the current organizational structure of the City; and WHEREAS, for the foregoing, the City Council believes that the proposed amendment to the above-referenced definitions should be submitted to the registered electors of the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article XIII of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No 2" at a regular municipal election to be held on Tuesday, April 3, 2001: ARTICLE XIII. DEFINITIONS "Department" means a primary subdivision of a service area headed by a person who, regardless of title, is directly responsible to the director of the service area. "Service area" means a major city administrative unit headed by a director who, regardless of title, is directly responsible to the City Manager Section 2. That the following proposed changes to Articles II, I11, IV and V of the City Charter, where the terms "department" or "division" are used, shall also be submitted to the registered electors of the City at said election as part of 'Proposed Charter Amendment No. 2": ARTICLE II. CITY COUNCIL Section 5. Powers. All powers of the city and the determination of all matters of policy shall be vested in the Council except as otherwise provided by this Charter.Without limita- tion of the foregoing, the Council shall have power to: (b) establish, change, consolidate or abolish administrative offices, service areas or agencies by ordinance, upon report and recommendation of the City Manager, so long as the administrative functions and public services established by this Charter are not abolished in any such reorganization. The city shall provide for all essential administrative functions and public services, including,but not limited to the following: (e) inquire into and investigate any office, service area, or agency of the city and the official acts of any officer or employee thereof, and to compel by subpoena attendance and testimony of witnesses and production of books and documents; ARTICLE III. CITY MANAGER Section 2. Powers, duties. The City Manager shall be responsible to the Council for the proper administration of all affairs of the city and to that end shall have power and be required to: (a) appoint and, when necessary for the good of the service, remove all heads of service areas and employees of the city except as otherwise provided by this Charter; ARTICLE IV. GENERAL PROVISIONS Section 2. Administrative branch. The administrative branch of the city government shall be composed of the offices, service areas and agencies established by ordinance upon report and recommendation of the City Manager. Administrative functions and duties may be assigned and distributed among offices, service areas or departments thereof, or agencies of the administrative branch by regulations issued by the City Manager.The City Manager shall have power,whenever the interest of the city requires,to assign any employee of one (1) service area to perform duties in another service area. Section 3. Residency requirement. Directors of a city service area or a group of city service areas, city department heads appointed after March 5, 1985,deputy city managers,and assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure in office,but need not reside within the Fort Collins Urban Growth Area prior to their appointment. Section 4. Oath of office. Before entering upon the duties of the office, each member of Council, the City Manager, the City Attorney, the City Clerk, the Judge of the Municipal Court, and each director of a service area shall take, subscribe before,and file with the City Clerk an oath or affirmation that he or she will support the Constitution of the United States, the Constitution of the State of Colorado,this Charter, and the ordinances of the City of Fort Collins, and that he or she will faithfully perform the duties of the office or position. The City Clerk shall take and subscribe the oath before a notary public. Section 9. Conflicts of interest. Public body means the Council or any authority, board, committee, commission, service area, department or office of the city. ARTICLE V. FINANCE ADMINISTRATION Section S. Appropriations not to exceed revenue; appropriation required for expenditures and obligations. (b) It shall be unlawful for any service area,officer or agent of the city to incur or contract any expense or liability or make any expenditure for or on behalf of the city unless an appropriation therefor shall have been made by the Council.Any authorization of an expenditure or incurring of an obligation by any officer or employee of the city in violation of this provision shall be null and void from its inception. Section 14. Audit and payments. No demand for money against the city shall be approved, allowed, audited, or paid unless it is in writing, dated and sufficiently itemized to identify the expenditure, and payment thereof approved by the Financial Officer and the person or service area creating the obligation. Section 22. Powers and duties. The Financial Officer shall have charge of the financial records and general and special funds of the city, and shall collect, receive, and disburse all money be- longing to the city,and shall have all other duties required to administer properly the financial affairs of the city;to that end the Financial Officer shall have authority and shall be required to: (a) maintain a general accounting system for the city government and each of its offices, service areas, and agencies; exercise budgetary control over the same in accordance with the budget and annual appropriation ordinance;prescribe the form of receipts,requisitions, warrants, and other evidence of income and disbursements; audit before payment all bills, invoices, payrolls, and other claims and charges against the city government; and with the advice of the City Attorney, determine the regularity, legality, and correctness of such claims, demands, or charges; (b) advise the City Manager of the budget requirements of the Financial Administration Unit and furnish estimates and information concerning other service areas, agencies, and boards as requested by the City Manager; (c) advise service areas of remaining allotments; (j) advise the City Manager of any financial irregularity in any service area. Section 23. Separate utilities accounts. The accounts of each utility owned and operated by the city shall be maintained in a separate fund and kept separate and distinct from all other accounts of the city. Each utility fund shall be accounted for utilizing the basis of accounting appropriate for an enterprise fund, and shall contain a reasonable allowance for depreciation and obsolescence. All expenses incurred by service areas in rendering services to any utility owned and operated by the city shall be fully paid by such utility on a "cost of service" basis as determined by the City Manager. Each utility shall be fully paid for all services rendered by such utility to other city service areas. If the utility is subject to a payment to the general fund in lieu of taxes and franchise fees, an estimate shall be made of the amount of taxes and franchise fees that would be chargeable against such utility if privately owned, and the amount of such payment, as determined by the Council under Article XII, Section 6 of this Charter, shall be charged against the utility fund. Section 26. Powers and duties. The City Manager or designee shall appoint a Purchasing Agent who shall contract for all supplies, materials, and equipment required or used by all service areas and agencies of the city, including businesses and enterprises operated by the city. Section 3. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: CITY INITIATED PROPOSED CHARTER AMENDMENT NO. 2 Without changing the City's organizational structure, shall Article XHI of the City Charter, as well as other terminology contained in other provisions of the Charter where those defined terms are used, be amended so as to make the Charter language consistent with the current organizational structure of the City in the following respects: (1) each major City administrative unit headed by a director who is directly responsible to the City Manager would be called a "service area" rather than a "department," and (2) each primary subdivision of a service area headed by a person who is directly responsible to the director of the service area would be called a"department" rather than a "division"? YES NO Introduced and considered favorably on first reading, and ordered published this 6th day of February, A.D. 2001, and to be presented for final passage on the 20th day of February,A.D. 2001. a � Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of February, A.D. 2001. Ile 'f .s ATTEST: Mayor �.. City Clerk u'jk �—