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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 , -1- 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 -2- 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, -3- I (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, -4- ti (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 -5- 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