CITY OF GLENWOOD SPRINGS

MUNICIPAL CHARTER

TABLE OF CONTENTS

Charter

Prefatory Synopsis

Preamble

Article I                   General Provisions

Section 1.1          Name and Boundaries

Section 1.2          Powers

Section 1.3          Rights and Liabilities

Section 1.4          Present Ordinances in Force

Article II                 Elections

Section 2.1          Colorado Municipal Elections Laws Adopted

Section 2.2          Registrations, Judges and Clerks

Section 2.3          Election Date

Section 2.4          Special Elections

Section 2.5          Election Wards

Section 2.6          Elective Officers

Section 2.7          Nominations for Elective Municipal Office

Article III                City Council

Section 3.1          City Council

Section 3.2          Qualifications for Councilpersons

Section 3.3          Mayor and Mayor Pro Tem

Section 3.4          Terms of Office

Section 3.5          Vacancies

Section 3.6          Oath of Office

Section 3.7          Compensation of Councilmen

Section 3.8          Council Meetings

Section 3.9          Special Meetings

Section 3.10        Council-Administration Relations

Section 3.11        Independent Audit

Article IV                Ordinances

Section 4.1          When Required

Section 4.2          Voting

Section 4.4          Form of Ordinance

Section 4.4          Procedure of Passage

Section 4.5          Disposition

Section 4.6          Codes Published by Reference

Section 4.7          Severability of Ordinances

Section 4.8          Resolutions and Motions

Article V                 Initiation, Referendum and Recall

Section 5.1          Initiation and Referendum

Section 5.2          Petition Requirements

Section 5.2.1       Time for Submission of Referendum Petitions

Section 5.3          Council Procedure on Initiation and Referendum Petitions

Section 5.4          Submission of Initiation and Referendum Ordinances to
Electors

Section 5.5          Miscellaneous Provisions on Initiation and Referendum
Petitions

Section 5.6          Ordinances Excepted

Section 5.7          Recall

Section 5.8          Recall Procedure by Council

Article VI                City Administration

Section 6.1          City Manager

Section 6.2          Appointment and Qualifications

Section 6.3          Absence of City Manager

Section 6.4          Powers and Duties

Section 6.5          Director of Finance and City Clerk

Section 6.6          Duties and Powers of Director of Finance and City Clerk

Section 6.7          Departments Created

Article VII              Board and Commissions

Section 7.1          General Provisions

Section 7.2          Services Provided

Article VIII             City Attorney and Municipal Court

Section 8.1          Appointment of City Attorney

Section 8.2          Duties

Section 8.3          Special Counsel

Section 8.4          Municipal Court

Section 8.5          Qualifications and Appointment of Municipal Judge and
Assistant Municipal Judges

.Article IX               City Finances

Section 9.1          Fiscal Year

Section 9.2          Annual Budget

Section 9.3          Scope of the Budget

Section 9.4          Budget Hearing

Section 9.5          Adoption of the Budget

Section 9.6          Annual Appropriation

Section 9.7          Certification of Tax Levy

Section 9.8          General Fund

Section 9.9          Contingencies

Section 9.10        Special Funds

Section 9.11        Capital Project Fund

Section 9.12        Transfer of Funds

Section 9.13        Additional Appropriations

Section 9.14        Investments

Article X                 Bonded Indebtedness

Section 10.1        General Obligation Bonds, Water Extension Bonds, and
Sewer Extension Bonds

Section 10.2        Refunding Bonds

Section 10.3        Special and Local Improvement Districts and Construction
of Improvements Therein

Section 10.4        Special or Local Improvement District Bonds-General
Benefits

Section 10.5        Bond Sales-Limitations

Section 10.6        Sales Tax Revenue Securities

Article XI                Taxation

Section 11.1        Authority to Levy Taxes

Section 11.2        Authority to Acquire Property

Article XII              Franchises

Section 12.1        Granting of Franchises

Section 12.2        Present Franchises

Section 12.3        Extension of Territory

Section 12.4        Term, Compensation, Restriction

Section 12.5        Revocable Permits

Section 12.6        Condemnation or Purchase

Section 12.7        Assignment

Section 12.8        Books and Records

Section 12.9        Control of Franchise for Use of Water Reserved to City

Section 12.10      Common Use of Facilities

Article XIII             Miscellaneous Legal Provisions

Section 13.1        Water Rights in Annexation

Section 13.2        Restriction on Sales of Land and Water Rights

Section 13.3        Reserved

Section 13.4        Right of Eminent Domain

Section 13.5        Surety Bonds

Section 13.6        City Depository

Section 13.7        Contracts with Other Governmental Units

Section 13.8        Bequests, Gifts or Donations

Section 13.9        Competitive Bidding

Section 13.10      Emergency Purchases

Section 13.11      City not to Pledge Credit

Section 13.12      Penalties for Violation of Charter and Municipal Code

Section 13.13      Article and Section Headings

Section 13.14      Amendments

Section 13.15      Saturday, Sundays and Holidays

Section 13.16      Zoning

Section 13.17      Interpretations

Section 13.18      Severability of Charter Provisions

Article XIV           (R 07-15, §1)

Certificate of Charter Convention

Certificate of Receipt by City Clerk

Results Certificate of Election


CHARTER*

PREFATORY SYNOPSIS

The Glenwood Springs Charter Convention was elected on the twelfth day of July, 1966, under the authority and the method set out by Article XX of the Constitution of the State of Colorado.  The twenty-one elected members have been charged with the responsibility of drawing a document to prescribe the form and substance of home rule government for the City of Glenwood Springs, Colorado.

The delegates to the convention have viewed their task as one of great responsibility.

Two objectives have been uppermost in the minds of the members of the Charter Convention:

First:  That the Charter must reserve to the people of Glenwood Springs the absolute right and power of self-government under the home rule provisions of the Constitution.

Second:  That the Charter must ensure the orderly and economical management of the government of Glenwood Springs, guided and controlled by the people through their elected representatives.

To these ends, this Charter provides for a Council-Manager form of government for our City and provides for the appointment of a City Manager, who will serve at the exclusive pleasure of the Council, with powers and duties as provided by this Charter and by the Council.

Under this Charter, the Council will be responsible to the people, will be legislative in function, and enact ordinances for the good government of the City.  The Council will consist of seven members elected from the City in such a manner as to achieve overlapping terms, thus providing for continuity of City government.

All ordinances now in effect will remain in effect unless superseded by the provisions of this Charter, or hereafter amended and repealed by the Council.

To ensure the greatest possible control of governmental process by the people, provision is made in the Charter for the direct democratic techniques of initiative, referendum, and recall.  These methods provide the means whereby the people can, if they wish, directly control the legislative process and recall any elected official who proves himself unsatisfactory.

Modern budget-making and fiscal procedures are included to ensure that the City government will always operate as economically as possible and with the maximum degree of financial responsibility.  The Manager will be the principal budget-making officer, subject to approval of the budget by the Council.

This Charter may be amended when need arises in accordance with provisions of the Constitution.  However, the convention believes this Charter is so written that it will serve the needs of Glenwood Springs for many years to come and will provide a sound, economical governmental structure.

The aims for the City government and the scope of this Charter are not confined to the present, but are set out in this document to last for many generations, subject to the right of the people to make necessary changes to meet the possible unforeseen requirements of the future.

This Charter is designed to meet the continuing needs of a growing City and have a high quality of government.

This Charter guarantees and vests the final voice of City government in the people of Glenwood Springs.

PREAMBLE

We, the people of Glenwood Springs, Colorado, under authority granted by the Constitution of the State of Colorado, do ordain and establish this Charter for the City government of Glenwood Springs.

Article I.  General Provisions

Sec. 1.1  Name and Boundaries.

The municipal corporation heretofore existing as the City of Glenwood Springs, which is located in Garfield County, State of Colorado, shall remain and continue as a body politic and corporate and under this Charter be known as the City of Glenwood Springs, with the same boundaries, until changed in a manner authorized by law.

Sec. 1.2  Powers.

The City shall have all the power of local self-government and home rule and all power possible for a city to have under the Constitution and laws of the State of Colorado.  The enumeration of particular powers in this Charter is not exclusive of others.

Sec. 1.3  Rights and Liabilities.

By the name of the City of Glenwood Springs, the municipal corporation shall have perpetual succession; shall own, possess and hold all property, real and personal heretofore owned, possessed and held by the City, and does assume and shall manage and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities; shall acquire all benefits and does assume and shall pay all bonds, obligations, and indebtedness of the City; may, by the name of the City of Glenwood Springs, sue and defend, purchase, receive, hold and enjoy, or sell and dispose of real and personal property, and shall have a common seal and alter the same at pleasure.

Sec. 1.4  Present Ordinances in Force.

All ordinances of the City in force at the time that this Charter becomes effective shall continue in force, except as they may conflict with the provisions of this Charter, or shall be amended or repealed by ordinance enacted under authority of this Charter.

Article II.  Elections

Sec. 2.1  Colorado Municipal Election Laws Adopted.

City elections shall be governed by the Colorado Municipal Election Code of 1965 as now existing, or hereafter amended or modified, except as otherwise provided in this Charter, or by ordinance.

Sec. 2.2  Registrations, Judges and Clerks.

The establishment of the regulations on registration, judges, and clerks, and the conducting of elections shall be governed by the Colorado Municipal Election Code of 1965 as now existing, or hereafter amended or modified, except as otherwise provided in this Charter, or by ordinance.

Sec. 2.3  Election Date.

A general municipal election shall be held biennially on the first Tuesday in the month of April in odd numbered years.  Special municipal elections shall be held in accordance with the provisions of this Charter.  The polling places shall be open from seven a.m. to seven p.m. on election days.  (A 15-04, §1; A 15-07, §1) 

Sec. 2.4  Special Elections.

Any special municipal election shall be called by resolution or ordinance of the Council at least ninety (90) days in advance of such election, or as stipulated in the Colorado Municipal Election Code or the Uniform Election Code of the Colorado Revised Statutes, as amended from time to time.  The resolution or ordinance calling a special municipal election shall set forth the purpose of such election.  (A 15-07, §1)

Sec. 2.5  Election Wards.

The City, as its corporate limits are now established, or may hereafter be extended or changed, is hereby divided into five wards with numbers and boundaries as follows:

WARD 1

All that area southerly and westerly of a line starting at the intersection of the westerly City Limits line southerly of the Colorado River, extended north, and the centerline of the Colorado River, then easterly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Grand Avenue (State Highway 82), then southerly along the centerline of Grand Avenue to the intersection of the centerlines of Grand Avenue and 14th Street, then westerly along the centerline of 14th Street to the centerline of Coach Don Miller Drive, then westerly and southerly along the centerline of Coach Don Miller Drive to the intersection of the centerline of Coach Don Miller Drive and the northerly line of the parcel of City owned land located at 1477 Riverside Drive (Kline Family LLC Parcel) extended easterly , then westerly along the northerly line of the parcel of City owned land located at 1477 Riverside Drive to the centerline of the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersections of the centerlines of the Roaring Fork River and 27th Street, then westerly along the centerline of 27th Street to the intersection of the centerlines of 27th Street and Midland Avenue, then southerly along the centerline of Midland Avenue to the intersection of the centerline of Midland Avenue and the southerly line, extended easterly, of the parcel of land platted as Riverview Terrace.

WARD 2

All of that area northerly and westerly of a line starting at a point on the centerline of the Colorado River, said point being south of the western most point on the City Limits line northerly of the Colorado River, then easterly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Devereux Road, then northerly along the centerline of Devereux Road to the intersection of the centerlines of Devereux Road and State Highway 6, then westerly along the centerline of State Highway 6 to the intersection of the centerlines of State Highway 6 and Traver Trail, extended southerly, then northerly along the centerline of Traver Trail to the intersection of the centerlines of Traver Trail and Transfer Trail, extended southerly, then northerly along the centerline of Transfer Trail to the intersection  of the centerline of Transfer Trail and the City Limits line located on the westerly line of Lot 2, Section 4, T.6 S., R. 89 W., 6th PM

WARD 3

All that area northerly and easterly of a line starting at the intersection of the centerline of 14th Street, extended easterly, and the easterly City Limits line, then westerly along the centerline of 14th Street to the intersection of the centerlines of 14th Street and Grand Avenue (State Highway 82), then northerly along the centerline of Grand Avenue to the intersection of the centerlines of Grand Avenue and the Colorado River, then westerly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Devereux Road, then northerly along the centerline of Devereux Road to the intersection of the centerlines of Devereux Road and State Highway 6, then westerly along the centerline of State Highway 6 to the intersection of the centerlines of State Highway 6 and Traver Trail, extended southerly, then northerly along the centerline of Traver Trail to the intersection of the centerlines of Traver Trail and Transfer Trail, extended southerly, then northerly along the centerline of Transfer Trail to the intersection of the centerline of Transfer Trail and the City Limits line located on the westerly line of Lot 2, Section 4, T.6 S., R. 89 W., 6th PM

WARD 4

All that area southerly and easterly of a line starting at the intersection of the centerline of 14th Street, extended easterly, and the easterly City Limits line, then westerly along the centerline of 14th Street to the centerline of Coach Don Miller Drive, then westerly and southerly along the centerline of Coach Don Miller Drive to the intersection of the centerline of Coach Don Miller Drive and the northerly line of the parcel of City owned land located at 1477 Riverside Drive (Kline Family LLC Parcel) extended easterly , then westerly along the northerly line of the parcel of City owned land located at 1477 Riverside Drive to the centerline of the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the easterly line of Rosebud Cemetery, extended south.

 

WARD 5

All that area southerly and westerly of a line starting at the intersection of the centerline of Midland Avenue and the southerly line, extended easterly, of the parcel of land platted as Riverview Terrace, then northerly along the centerline of Midland Avenue to the intersection of the centerlines of Midland Avenue and 27th Street, then easterly along the centerline of 27th Street to the intersection of the centerlines of 27th Street and the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the easterly line of Rosebud Cemetery, extended south, then north along the extended easterly line of Rosebud Cemetery to the intersection of the extended easterly line of Rosebud Cemetery and the centerline of South Grand Avenue (County Road 154), then southerly along the centerline of South Grand Avenue and County Road 154 to the intersection of the centerline of County Road 154 and the southerly line of the Deerwalker Subdivision, extended north, then southerly along the southerly line of the Deerwalker Subdivision to the intersection of the southerly line of the Deerwalker Subdivision and the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the south line of Section 27, T.6 S., R. 89 W., 6th PM

(A. 24-04, §1)

The aforementioned ward boundaries shall be effective commencing with the general municipal election on November 5, 1985.

The Council shall have the authority, and is hereby directed to realign and redistrict the above said wards at such time as the growth, redistribution of population or otherwise requires the same, provided, however, that:

(a)  The number of wards shall not be reduced to less than five;

(b)  The same shall be accomplished by ordinance effective more than one year preceding any general municipal election date; and

(c)  All wards shall be contiguous, compact and have approximately the same number of voters as determined by the number registered to vote in the preceding general municipal election.

(R & Re Amend. No. 1, 8-7-73; A Resol #85-13, §1; A 15-07, §1)

Sec. 2.6  Elective Officers.

The elective officers of the City shall be seven Councilpersons.  One member of Council shall be nominated and elected from each of the several wards of the City and the remainder of the members of Council shall be nominated and elected from the City at large. (A 15-07, §1)

See. 2.7  Nominations for Elective Municipal Office.

Nominations for elective municipal office shall be by petition as provided by the Colorado Municipal Election Code of 1965, as now existing, or hereafter amended or modifiedexcept as otherwise provided in this Charter or by ordinance.

ARTICLE III.  CITY COUNCIL

Sec. 3.1  City Council.

All powers of the City not otherwise limited or conferred upon others by this Charter shall be vested in a Council consisting of seven members.  It shall have the power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property; to declare, prevent and summarily abate and remove nuisances; to preserve and enforce good government, general welfare, order and security of the City and the inhabitants thereof, to enforce ordinances and regulations by ordaining fines and sentencing as established in Section 13.12 of this Charter; to provide for the granting of probation and the conditional suspension of sentences by the Municipal Court; and to delegate to boards and commissions, within limitations of the Constitution and this Charter, such functions, powers, and authority of the City as it deems proper and advisable.  No enumeration of particular powers granted to the Council shall be construed to impair any general grant of power herein contained or granted by the Constitution, nor to limit any such grant to powers of the same class or classes as those so enumerated.  (A 15-07, §1)

Sec. 3.2  Qualifications of Councilpersons.

Each Councilperson, when nominated and elected, or appointed, shall be a registered elector of the City and shall have been registered in and shall have resided in the City for one year immediately preceding each election.  No Councilperson shall be a salaried employee of the City or hold any other municipal public office during his term as Councilperson.  (A Amend. No. 2, 8-7-73; A 29-83)

Sec. 3.3  Mayor and Mayor Pro Tem.

The Mayor shall be the presiding officer and required to vote and shall be elected from the members of the Council at its organizational meeting, by a majority vote, after each general municipal election.  The Mayor shall be recognized as head of the City government for all ceremonial and legal purposes, and shall execute and authenticate legal instruments requiring the Mayor’s signature as such official.  (A 15-07, §1)

The Council shall elect a Mayor Pro Tem who shall act as Mayor during the absence of the Mayor with all powers herein granted to the Mayor.

Sec. 3.4  Terms of Office.

Terms of the newly elected members of Council shall begin upon their taking oath at the first regular meeting of the Council following their election.  Council members elected at the November 6, 2007 election (Ward 1, Ward 3, Ward 4 and At Large) shall serve until the first regular meeting of the Council after the April, 2011 election.  Council members elected at the November 1, 2005 election (Ward 2, Ward 5 and At Large) shall serve until the first regular meeting of the Council after the April, 2009 election.

At each general municipal election, the terms of office for which the Councilmember shall be elected shall be four years.

(R & Re Amend. No. 3, 8-17-73; A Resol 85-13, §2; A 15-07, §1)

Sec. 3.5  Vacancies.

A Councilmember's office shall become vacant whenever he or she is recalled, dies, becomes incapacitated, resigns, misses three consecutive regular meetings of the City Council, removes from or becomes a non-resident of the City, or removes from the ward from which he or she was elected.  Vacancies shall be filled in the following manner:  (A 24-76, §1; A 37-81, §2; A 15-07)

(a)  Appointment by Council if the vacancy occurs more than ninety days before the next general municipal election.  The appointee shall be selected by a majority vote of Council and such appointment shall be made within thirty days after such vacancy occurs.  All such appointments shall be until a successor is elected and qualified at the next general municipal election.  Vacancies occurring in the offices of Councilpersons elected from the several wards of the City shall be filled as herein provided by the appointment of a person residing in the ward wherein the vacancy occurs and who is otherwise qualified, as provided in Article 3, Section 2, of this Charter.  In the event that a vacancy occurs in the office of Mayor, the appointment shall be for the office of Councilperson only and the Mayor Pro-Tem shall assume the duties of Mayor.  (A 15-07, §1)

(b)  By election at the next general municipal election if the vacancy occurs within the ninety days immediately preceding said election.

(c)  By election at a special municipal election if three or more vacancies exist at any one time and there will not be a general municipal election within the ninety days immediately succeeding the date that the third vacancy occurred.  In the event of such multiple vacancies, Council shall call a special municipal election to be held within sixty days from the occurrence of the third vacancy to elect a Councilperson to fill each vacated office.  (A 29-83, §2)

All members of Council elected to fill vacancies as provided in subparagraphs (b) and (c) hereof and those elected subsequent to the filling of a vacancy by appointment as provided in subparagraph (a) hereof shall be elected to fill only the unexpired terms of the offices so vacant.  (A 15-07, §1)

Sec. 3.6  Oath of Office.

Members of Council and applicable employees of the City shall each take an oath or affirmation before entering upon the duties of his or her office, that he or she will support the Constitutions of the United States and the State of Colorado, and the Charter and ordinances of the City of Glenwood Springs, and faithfully perform the duties of his or her office.  (A 15-07, §1)

Sec. 3.7  Compensation of Members of Council.

City Council’s compensation may be changed by ordinance from time to time; provided, however, that no increase so granted will take effect before the next general election of City Council.  (A 15-07, §1)

Sec. 3.8  Council Meetings.

   (a)     The organizational meeting of the Council shall be held at the first regular meeting in April following the regular municipal election.  At the organizational meeting, the outgoing City Council shall meet to act upon any ordinances pending on second reading.

             After the outgoing Council has performed the foregoing duties, the outgoing Council shall adjourn sine die, new members of the incoming Council shall take the oath of office as provided in Section 3.6 of the Charter, and the incoming Council shall henceforth assume all powers and duties as set forth herein.

(b)     Council meetings shall be held in the Council Chambers at the City Hall, or other designated assembly room.  The regular meetings of the Council shall be not less than twice a month and shall be held on the first and third Thursday of each month unless changed by ordinance of the City Council.  All regular and special meetings of the Council shall be open to the public.

(c)     Four (4) members of Council shall constitute a quorum for the transaction of business.

(A 52-87, §2; A 15-07, §1)

Sec. 3.9  Special Meetings.

Special meetings of the Council shall be called by the City Clerk on the written request of the Mayor, or any two members of the Council, on at least twenty-four hours written notice to each member of the Council., served personally or left at his or her usual place of residence; but a special meeting may be held on shorter notice, if all members of the Council are present or have waived notice thereof in writing.  (A 37-81, §1; A 15-07, §1)

Sec. 3.10  Council-Administration Relations.

Except for the purpose of inquiry, the Council and its members shall deal with the administrative functions of the City solely through the City Manager and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

Sec. 3.11  Independent Audit.

An independent audit of all financial affairs of the City shall be made by registered or certified public accountants experienced in the municipal accounting selected by the Council;

(1)  annually, and

(2)  upon the termination of the employment of the Director of Finance, or the City Manager, or both, more than ninety (90) days after or more than thirty (30) days before the effective date of the nearest annual audit.  (R & Re 27-79, §1)

ARTICLE IV.  ORDINANCES

Sec. 4.1  When Required.

All legislative enactments of the Council must be in the form of ordinances.  Legislative enactments as used herein shall include, but not be limited to, every act making an appropriation, levying a tax, authorizing the borrowing of money, creating an indebtedness, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property.

Sec. 4.2  Voting.

A roll call or electronically displayed vote of Council shall be taken upon the first and second introductions of all ordinances and the "yeas" and "nays" entered upon the minutes or records of the Council proceedings.  Except as otherwise provided in this Charter, passage of every ordinance upon first reading shall require the affirmative vote of a majority of Council present and entitled to vote thereon, and final passage of every ordinance shall require the affirmative vote of a majority of the entire Council entitled to vote thereon. (A 15-07, §1)

Every member, when present, must vote upon ordinances, except that a member who has a personal or private interest in any ordinance proposed or pending before the Council shall disclose this fact to it and shall not be entitled to vote thereon; provided, however, should any member entitled to vote thereon fail to vote, his or her vote shall be recorded in the affirmative.  (A 15-07, §1)

Sec. 4.3  Form of Ordinance.

Every ordinance shall be introduced in written or printed form.  The enacting clause of all ordinances shall be, "THE CITY COUNCIL OF THE CITY OF GLENWOOD SPRINGS, COLORADO, ORDAINS."

Sec. 4.4  Procedure of Passage.

The course that an ordinance shall take for passage shall be:

(a)  Introduction at any regular or special meeting by any member of the Council.

(b)  At the first introduction, reading the title and number only, unless a Council member or citizen in attendance requests a reading in full of any ordinance except standard codes proposed to be adopted by reference pursuant to Section 4.6 of this Charter; at least one (1) copy of all ordinances shall be available at the meeting for public inspection, and except for standard codes to be adopted by reference pursuant to Section 4.6, either digital or paper copies of ordinances shall be furnished to each member of Council.  (A 15-07, §1)

(c)  Passage or rejection on first reading by a roll call or electronically displayed vote of the City Council.  (A 15-07, §1)

(d)  If passed upon first introduction, the title of the ordinance shall be published, or the title of an amendment thereto, together with a statement that the text is available for public inspection and acquisition in the office of the City Clerk.  Except for standard codes adopted by reference pursuant to Section 4.6, the full ordinance shall also be electronically displayed.  (A 15-07, §1)

(e)  Introduction a second time at a regular or special meeting of Council, held not earlier than seven days after publication, for final passage or rejection by roll call or electronically displayed vote of the Council.  (A 15-07, §1)

(f)  At the second introduction, reading of the title and number of the ordinance.

(g)  Final passage or rejection by roll call or electronically displayed vote of the Council.  (A 15-07, §1)

(h)  An ordinance may be amended as to form at the second introduction by a roll call or electronically displayed vote of the Council.  (A 07-15, §1)

(i)   After final passage, the ordinance shall be published by title and number, with notice that the text of any amendments as to form enacted upon the second introduction are available in full text in the office of the City Clerk.  (A 15-07, §1)

(j)   Appropriation ordinances are excepted from the provisions of (d) and (e) above.  The annual appropriation ordinance shall be passed at a meeting of Council on or before the first regular meeting of December of each year.  The annual appropriation ordinance may be introduced by the reading of its title and number, unless a member of Council or citizen attending the meeting requests a reading in full; each member of Council shall be furnished with one (1) paper or digital copy of the appropriation ordinance, and at least one (1) copy shall be available at the meeting for public inspection.  (A 15-07, §1)

(k)  An ordinance, when passed, shall take effect and be in force ten (10) days after final publication except for ordinances necessary for the immediate preservation of the public peace, health or safety, which shall take effect upon final publication if they are approved by at least five (5) members of Council on final reading.  Such excepted ordinances shall contain a finding that Council deems the passage of the ordinance to be necessary for the immediate preservation of public peace, health or safety, and a brief statement in support of this finding, which shall be conclusive.  (R & Re  24-76, §2)

Sec. 4.5  Disposition.

A true copy of every ordinance, as adopted by Council, shall be numbered and recorded, and adoption shall be authenticated by the signatures of the Mayor and the City Clerk and proof of publication by the certificate of the publisher, respectively.  Original ordinances and the proofs of publication for the same shall be kept and be available for public inspection in the office of the City Clerk.  (A 37-81, §1; A 15-07, §1)

Sec. 4.6  Codes Published by Reference.

Standard codes, promulgated by the Federal Government, the State of Colorado, or any agency of either, or by any municipality within the State of Colorado, including the City of Glenwood Springs, or by recognized trade or professional organizations, or amendments or revisions thereof may be adopted by reference; providing the publication of the adopting ordinance shall advise that copies of the code to be adopted by reference are available for inspection at the office of the City Clerk and providing that any penalty clause in said codes may be adopted only if set forth in full and published in the adopting ordinance.  (A 37-81, §1)

Sec. 4.7  Severability of Ordinances.

Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances 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 affect without the invalid portion or application; provided such remaining portions or applications are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.

Sec. 4.8  Ordinances, Resolutions and Motions.

All actions of the Council not required by this Charter to be in the form of ordinances, may be in the form of resolutions and motions, on which the "yeas" and "nays" shall be entered upon the minutes or records of the Council proceedings.  Every member, when present, must vote upon ordinances, resolutions and motions, except that a member who has a personal, private or conflict of interest in any ordinance, resolution and motion proposed or pending before the Council shall disclose this fact to it and shall not be entitled to vote thereon; provided, however, should any member entitled to vote thereon fail to vote, his vote shall be recorded in the affirmative.  (A 15-07, §1)

ARTICLE V.  INITIATION,
REFERENDUM AND RECALL

Sec. 5.1  Citizen Initiative and Referendum.

A ballot question, new ordinance, or a referendum on an enacted effective ordinance may be initiated by citizen petition to the electorate, as hereafter provided; or the Council may, on its own motion, submit an ordinance, question or issue to the electorate as hereafter provided.  (A 15-07, §1)

Sec. 5.2  Petition Requirements.

A citizen initiated petition shall be signed by registered electors in a number not less than five percent (5%)of the number of persons who were registered electors of the City as of the date of the last regular City election, and all signatures on said petition shall be obtained within twenty-one (21) days before the date of filing the petition with the City Clerk.  Any such petition shall be addressed to the Council and may be the aggregate of two or more petition papers identical as to content and simultaneously filed by one person.  An initiated petition shall set forth in full the proposed ordinance, and no petition shall propose to initiate more than one ordinance.  A referendum petition shall identify the ordinance, or part thereof, or code section it proposes to have repealed or amended.  Each signer of a petition shall sign his or her name, the date and his or her place of residence by street and number.  To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereof, that each signature thereon is the genuine signature of the person whose name it purports to be and that it was made in the presence of the affiant.  Such petition shall be filed with the City Clerk who shall, within fifteen (15) days, canvass the signatures thereon.  If the petition does not contain a sufficient number of signatures or qualified electors of the City, or any other error or insufficiency shall be found in the petition, the City Clerk shall notify forthwith, by mail, the person filing such petition.  Fifteen (15) days from the date of mailing such notice shall be allowed for the filing of supplemental or corrected petition papers.  When a petition with sufficient signatures is filed within the time allowed by this section, the City Clerk shall present the petition to the Council at its next regular meeting.  (A 37-81, §3; A 15-07, §1)

Sec. 5.2.1 Time for Submission of Referendum Petitions.

Any person seeking a referendum on an enacted, effective ordinance shall submit to the City Clerk a written notice of intent to circulate a referendum petition within ten (10) days after final publication of the subject ordinance.  The petitioner shall then submit the referendum petition within twenty-one (21) days of submission of the notice of intent to circulate.  (Ad 28-91, §2; A 15-07, §1)

Sec. 5.3  Council Procedure on Petitions.

Upon presentation to the Council of a citizen petition by the City Clerk the Council shall, within thirty (30) days, either:

(a)  Adopt the ordinance as submitted by an initiated petition;

(b)  Repeal the ordinance, or part thereof, referred to by a referendum petition; or

(c)  Determine to submit to the electors the question as set forth in the petition. 

(A 37-81, §3; A 07-15, §1)

Sec. 5.4  Submission of Ordinances to Electors.

All ordinances, or parts thereof, be they initiated, referred or upon motion of Council, shall be submitted at the next regular City election held in the City for any other purpose or in the discretion of the Council at a special election called for that specific purpose.  If no election is to be held in the City for any other purpose within one hundred fifty (150) days from the time the petition is presented to the Council, and it does not enact or repeal the ordinance, or part thereof, referred to by a petition, then the Council shall by resolution or ordinance call a special election for the submission of the question to the electors, which said election shall be held within ninety (90) days from such date of presentation.  The results of all elections held under the provisions of this section shall be determined by a majority vote of the electors voting thereon.  (A 15-07, §1)

Sec. 5.5  Miscellaneous Provisions on Petitions.

An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted; provided, however, Council may make technical changes in such an ordinance by amendment thereof, which, by change of conditions or circumstances, or otherwise, are necessary to give full effect thereto.  An ordinance repealed by the electorate may not be re-enacted for a period of six (6) months after the date of the election at which it was repealed.  Any ordinance, however, may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the Council on its own motion.  If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.  (A 15-07, §1)

Sec. 5.6  Ordinances Excepted.

Anything to the contrary notwithstanding, ordinances authorizing the issuance of bonds, levying taxes, the annual appropriation ordinances and those ordering improvements initiated by petition to be paid for by special assessments and those declaring an emergency shall be excepted from the referendum.

Sec. 5.7  Recall.

Every elective officer of the City may be recalled at any time after six (6) months in office by the electors entitled to vote for a successor of such incumbent through the procedure and in the manner provided for in Article XXI of the Constitution as now existing, or as may hereafter be amended or modified.  (A 29-83, §4).

Sec. 5.8  Recall Procedure by Council.

The Council may provide by ordinance such further recall procedure as may be deemed necessary as long as it is not inconsistent with the Constitution or this Charter.  However, in no event shall an ordinance require any recall petition to be signed by more than twenty-five percent (25%) of the electors of the entire vote cast at the last preceding election for all candidates for the office. 

After one (1) recall petition and election, no further petition shall be filed against the same officer during the term for which he was elected, unless the petitioners signing said petition shall equal fifty percent (50%) of the votes cast at the last preceding general election for all candidates for the office.

Article VI.  CITY ADMINISTRATION

Sec. 6.1  City Manager.

The City Manager shall be the chief administrative officer of the City and shall reside within a ten-mile radius of the corporate limits of the City.  (A 29-83, §5)

Sec. 6.2  Appointment and Qualifications.

The Council by majority vote shall appoint a City Manager within one hundred twenty (120) days after any vacancy exists in such position, who shall serve at the pleasure of a majority of the Council at a salary to be fixed by the Council.  He or she shall be selected on the basis of executive and administrative qualifications with special reference to actual experience in and knowledge of accepted practice in respect to the duties of the office.  (A 24-76, §3; A 15-07, §1)

Sec. 6.3  Absence of City Manager.

The City Council may appoint or designate an acting City Manager during any period of vacancy in the office, or during the absence of the City Manager from the City.  In addition, for short temporary absences not exceeding twenty-one (21) days, the City Manager may appoint an acting City Manager.  Such acting City Manager shall, while in such office, have all the responsibilities, duties, functions, protections, and authority of the City Manager.  (A Res. 77-18(A), §1)

Sec. 6.4  Powers and Duties.

The City Manager shall be responsible to the Council for the efficient administration of all affairs of the City placed in his or her charge, and to that end shall have the power and duty to:

(a)  Enforce the laws and ordinances of the City.

(b)  Appoint, subject to the provisions of this Charter, all the officers and employees of the City, except where this Charter expressly provides otherwise.  The City Manager may remove, suspend, demote or discipline any officer or employee of the City, except such as are appointed by Council.

(c)  Make appointments on the basis of executive and administrative ability and the training and experience of such appointees in the work which they are to perform.

(d)  Prepare a proposed budget annually and submit it to the Council and be responsible for the administration of the budget after its adoption.

(e)  Prepare and submit to the Council as of the end of the fiscal year a complete report on finances and administrative activities of the City for the preceding year and, upon request of the Council, make written or verbal reports at any time concerning the affairs of the City under the City Manager's supervision. (A 15-07, §1)

(f)  Keep the Council advised of the financial condition and future needs of the City and make such recommendations to the Council as the City Manager may deem necessary or expedient. (A 15-07, §1)

(g)  Exercise supervision and control over all executive and administrative departments and recommend to the Council any proposal the City Manager thinks advisable to establish, consolidate or abolish administrative departments.  (A 15-07, §1)

(h)  Enforce all terms and conditions imposed in favor of the City or its inhabitants in any contract or public utility franchise and, upon knowledge of any violation thereof, report same to the Council for such action and proceedings as may be necessary to enforce the same.

(i)   Attend Council meetings and participate in discussions with the Council in an advisory capacity.

(j)   Be responsible for the establishment and maintenance of a system of accounts of the City which shall conform to any uniform system required by the Council and to generally accepted principles and procedures of governmental accounting.

(k)  Be responsible for City purchases and for engineering, architectural and maintenance, construction and equipment services required by the City.  (R & Re 27-79, §2)

(l)   For such other duties as may be prescribed by this Charter, by ordinance, or by Council.  (R & Re 27-79, §2)

Sec. 6.5  Director of Finance and City Clerk.

There shall be a Director of Finance and City Clerk who shall be appointed by the City Manager, to serve at the pleasure of the City Manager.  The City Manager may also appoint a deputy or deputies to serve under the Director of Finance or the City Clerk who shall have the authority to act in the absence of the Director of Finance or the City Clerk, respectively.  (R & Re 37-81, §4)

Sec. 6.6  Duties and Powers of Director of Finance and City Clerk.

(a)  The Director of Finance shall be the City Treasurer with the power to administer oaths and take acknowledgments under the seal of the City.  The Director shall keep and supervise all financial accounts, receive and have custody of all monies of the City, collect all City taxes, electrical fees, water fees and other charges for City services, issue licenses and collect fees therefore, and perform such other duties pertaining to the Department of Finance as are specified in this Charter or required by ordinance or assigned by the City Manager.

(b)  The City Clerk shall be the Clerk of the Council with the power to administer oaths and take acknowledgments under seal of the City.  The Clerk shall make and keep all records of the City and publish notice on behalf of the City not specifically entrusted to or required of any other department by this Charter or by ordinance.  The Clerk should perform such other duties pertaining to the City records as are specified in this Charter or by ordinance or assigned by the City Manager. 

(R & Re 27-79, §3; A 29-83, §6; A 15-07, §1)

Sec. 6.7  Departments Created.

(a)  The administrative functions of the City shall be performed by such departments as may hereafter be established by ordinance.  Upon recommendation of the City Manager, the Council may, by ordinance, establish departments necessary to perform and carry out the City's lawful functions, and the Council may, by ordinance, consolidate or merge any departments.  (R & Re 27-79, §4; A 29-83, §7)

(b)  Residency requirements for all members of the police and emergency services departments shall be specified in the City of Glenwood Springs Employee Handbook.  (R & Re 24-76, §4; R & Re Res. 77-18A, §2; R & Re 27-79, §4; R & Re 32-94, §1)

(c)  In the employment of persons to work for the City, whether by contract or otherwise, all other things being equal, preference shall be given to the residents of the City.  (R & Re 27-79, §4; A 29-83, §8)

ARTICLE VII.  BOARDS AND COMMISSIONS

Sec. 7.1  General Provisions.

The Council may establish Boards and Commissions and provide for their powers and duties, and the Council may consolidate, merge, or abolish any of the said Boards or Commissions.  The establishment, consolidation, merger, or abolishment of any Boards or Commissions shall be accomplished only by ordinance.  Unless otherwise required by law or this Charter, all Boards and Commissions shall be appointed by the Council.  Initial appointments by the Council shall specify the term of office of each individual in order to achieve overlapping tenure.  All members shall be subject to removal by the appointing authority.  The Council shall make appointments to fill vacancies for unexpired terms.  Except as otherwise provided in this Charter, each Board and Commission shall choose its own chairman and vice-chairman from its members and operate in accordance with the rules of procedures set forth by the appointing authority.

All meetings shall be open to the public.  Copies of all records and minutes of all meetings shall be kept and placed in the office of the City Clerk or in the office of the Department staffing the Board or Commission for public inspection.  Reports shall be made to the Council as the Council shall require.  (A 37-81, §1; A 15-07, §1)

Sec. 7.2  Services Provided.

The Council may provide by ordinance for the planning, establishment, and supervision of a community recreation program and for equipping and maintaining City-owned or controlled parks, recreational areas and facilities, in and outside the City, which functions shall be under the direction of the City Manager.

The City may cooperate with other public authorities, organizations, or individuals, in or outside the City, to implement the operations of any programs for the benefit of the public.

ARTICLE VIII.  CITY ATTORNEY AND MUNICIPAL COURT

Sec. 8.1  Appointment of City Attorney.

The Council shall appoint a City Attorney who shall be the legal representative of the City and shall advise the Council and City officials in matters relating to their official powers and duties.  The City Attorney shall be an attorney-at-law admitted to practice in Colorado.  The Council may provide the City Attorney with such assistants as the Council may deem necessary.  The Council shall establish compensation for the City Attorney and special counsel.  (A 15-07, §1)

Sec. 8.2  Duties.

The City Attorney or assistants shall represent the City in all legal proceedings; supervise the drafting of all ordinances; and the preparation of all other legal documents.  The City Attorney or assistants shall attend all Council meetings and shall perform all services incident to this position as may be required by this Charter or the ordinances of the City.

Sec. 8.3  Special Counsel.

The Council may, on its own motion, or upon request of the City Attorney, in special cases employ special counsel to serve under the direction of the City Attorney.  Special counsel engaged in regard to irregularities found by audit or any alleged dereliction in the duties of any officer or employee, shall serve independently of the City Attorney.

Sec. 8.4  Municipal Court.

There shall be a Municipal Court which shall have jurisdiction to hear and try all alleged violations of this Charter and the City ordinances.  The Municipal Court shall have all jurisdiction as is provided under state statutes and rules promulgated by the Colorado Supreme Court.  The Municipal Court shall be a qualified Municipal Court of Record and shall keep a verbatim record of all proceedings and evidence at trials by either electric devices or stenographic means.  The Council shall provide suitable quarters for the honor and dignity of the Municipal Court and all supplies and things necessary for the proper functioning of the Court.  (R & Re 27-79, §5)

Sec. 8.5  Qualifications and Appointment of Municipal Judges, Assistant Municipal Judges, and Substitute Municipal Judges.

The Council shall appoint one or more municipal judges and such assistant municipal judges as may be reasonably necessary to insure the prompt and expeditious determination of Municipal Court matters.  Council may also appoint substitute municipal judges as circumstances may require in case of temporary absence, sickness, disqualification, or other inability of the presiding or assistant municipal judges to act.  Each municipal judge, assistant municipal judge, and substitute municipal judge shall be admitted to and licensed in the practice of law in Colorado so long as such person acts as judge, shall be at least twenty-five (25) years of age at the time the duties of the office are assumed, shall reside within a ten (10) mile radius of the corporate limits of the City, and shall take the oath of office as set forth in Article III, Section 6, of this Charter.  (A 29-91, §2)

Each judge shall be appointed for a term of two (2) years, and any vacancy shall be filled by appointment by the Council for the remainder of the unexpired term.  The Council shall provide for the salary of each municipal judge or assistant municipal judge which shall be a fixed annual compensation and payable on a monthly basis.  The Council may pay any substitute judge, appointed pursuant to this section, proportionate to the services rendered served by such judge.  (A 29-91, §2; A 15-07, §1)

ARTICLE IX.  CITY FINANCES

Sec. 9.1  Fiscal Year.

The fiscal year for the City and of all its agencies shall begin on the first day of January and end on the thirty-first day of December each year.

Sec. 9.2  Annual Budget.

On or before the first regular Council meeting in October of each year, the City Manager shall submit to the Council a complete budget for the City for the next fiscal year.  (A 24-76, §5; A 15-07, §1)

Sec. 9.3  Scope of the Budget.

The budget adopted by the Council shall contain:

(a)  An estimate of anticipated revenue from all sources other than the tax levy for the ensuing year.

(b)  An estimate of the general fund cash surplus at the end of the current fiscal year, or of the deficit to be made up by appropriation.

(c)  The estimated expenditures necessary for the operation of the several departments, offices, and agencies of the City.

(d)  Debt service requirements for the ensuing fiscal year.

(e)  A program of proposed capital projects for the ensuing year and the five (5) years thereafter, which shall contain estimates of the cost of such projects, together with suggested methods of financing the same.  The City Manager shall include those projects previously considered and not abandoned and give reasons therefor.  This report may be a part of the budget or a separate report attached thereto.

(f)  A balance between the total estimated expenditures including any deficit to be met, and moneys set aside for public improvements and total anticipated revenue, plus any surplus.  All estimates shall be in detail showing revenues by source, and expenditures by organizational units, activities, character and object.

Sec. 9.4  Budget Hearing.

On receipt of the proposed budget, the Council shall set a day for the hearing of the budget and shall show that such proposed budget is open for inspection by the public at the office of the Director of Finance.  Notice of the time and place of such hearing shall be published at least once ten (10) days prior to such hearing.  (A 37-81, §1)

Sec. 9.5  Adoption of the Budget.

After said public hearing and on or before the first regular meeting of Council in November of each year, the Council shall adopt by resolution the budget for the ensuing fiscal year.  (A 30-91, §2; A 15-07, §1)

Sec. 9.6  Annual Appropriation.

After said public hearing and on or before the first regular meeting in December of each year, the Council shall pass the annual appropriation ordinance in which shall be appropriated such sums of money as the Council deems necessary to defray all expenses and liabilities of the City during the ensuing year.

The annual appropriation ordinance shall be based upon the budget as adopted, but need not be itemized further than by departments and the major divisions thereof, and by each independent office and agency.

Sec. 9.7  Certification of Tax Levy.

Not later than the first regular meeting of Council in December of each year, or such other date required by law, the Council shall fix the amount of tax levy which shall be assessed upon each dollar of assessed valuation of all taxable property within the corporate limits of the City, and shall cause the same to be certified to the County as required by law.  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 by law provided.  (A 15-07, §1)

Sec. 9.8  General Fund.

There is hereby established a fund to be known as the general fund.  All revenues not specifically allocated to any other fund shall be placed in the general fund.  All general functions of the City shall be financed by expenditures from the general fund.

Sec. 9.9  Contingencies.

The general fund may contain an item for contingencies.  Except in those cases where there is no logical account to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account, and the expenditure charged to such account.  No such transfer shall be made without the express approval of the Council, and then only for expenditures which could not readily be foreseen at the time the budget was adopted.

Sec. 9.10  Special Funds.

Additional funds which shall be known as special or enterprise funds shall be created by ordinance to provide for moneys to be held for special purposes, such as:  depreciation and obsolescence; debt service; equipment and building replacement; special services; local improvements; City-owned utilities; trust funds and endowments; and such other purposes as the Council may determine.  (A 15-07, §1)

Sec. 9.11  Capital Project Fund.

The Council may create a fund to be known as the capital project fund for the purpose of paying the cost of capital improvements, including purchase of land, buildings or equipment, and the improvement and the construction of public works.  The Council shall have power to define the rules and regulations pertaining to such fund by ordinance and shall have power to transfer from time to time moneys from the general fund to the capital project fund; however, no monies may be transferred by the Council at any time from the capital project fund to the general fund.  Unless unexpended appropriated monies are carried over to the next fiscal year by resolution of the City Council, all monies remaining for an appropriation in the capital project fund at the end of a fiscal year shall revert to the capital project fund balance.  Any such monies not appropriated by Council in the budget for the following fiscal year shall automatically become additional monies in the contingency capital project appropriation for that fiscal year.  (R & Re 37-81, §6)

Sec. 9.12  Transfer of Funds.

The Council may, by the affirmative vote of five (5) or more of the Council, transfer any unencumbered appropriation balance or portion thereof, from one department to another at any time; except that no transfer shall be made from any sinking fund, encumbered fund, or capital project fund.

Sec. 9.13  Additional Appropriation.

The Council may make additional appropriations by ordinance during the fiscal year for unanticipated expenditures required of the City, but such additional appropriations shall not exceed the amount by which actual and anticipated revenues of the year are exceeding the revenues as estimated in the budget, unless the appropriations are necessary to relieve an emergency endangering the public health, peace or safety.

Sec. 9.14  Investments.

Funds on hand which are not then needed in the conduct of the affairs of the City may be invested in securities which are legal investments for public funds under the statutes in effect at the time of such investments.  In investing such funds, all other things being equal, preference shall be given to local financial institutions.  (A 29-83, §9)

(Cross reference:  Charter §13.6)

ARTICLE X.  BONDED INDEBTEDNESS

Sec. 10.1  General Obligation Bonds, Water Extension Bonds, and Sewer Extension Bonds.

Indebtedness and obligations of the City shall be incurred and limited as provided in Articles XI and XX of the Constitution, as now existing or as may hereafter be amended or modified, applicable to towns and cities, except as otherwise provided in this Charter.  The Council shall have power to issue general obligation bonds of the City for any public purpose upon the affirmative vote of a majority of the taxpaying electors of the City voting thereon at any special or general election; provided, however, that sewer bonds as well as water bonds need not be so authorized.  The total outstanding general obligation indebtedness of the City, other than water bonds or sewer bonds, shall not at any time exceed ten percent (10%) of the assessed valuation of the taxable property within the City as shown by the last preceding assessment for tax purposes.  Bonds of the City, other than water bonds and sewer bonds, shall mature in not more than twenty-five (25) years from date and shall be payable in annual installments commencing not later than five (5) years after the date of issue of said bonds.  Water bonds and sewer bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds.  (A 29-83, §10)

Sec. 10.2  Refunding Bonds.

The Council may authorize, by ordinance, without an election, issuance of refunding bonds for the purpose of paying or providing for the payment of, by escrow deposit or otherwise outstanding bonds of the City, including special improvement bonds.

Sec. 10.3  Special and Local Improvement Districts and Construction of Improvements Therein.

The Council shall have the power to establish, by ordinance, improvement districts for the construction of special or local improvements of every land and character.  Such districts shall be established in accordance with the provisions of this section.

A   Necessity of District.  Council shall, by resolution, determine that it is necessary to form a district by finding:

(1)  Such improvement is necessary for the preservation of the public peace, safety, health or welfare, or

(2)  A petition requesting improvements signed by the owners of more than fifty percent (50%) of the area of the proposed district, provided that such majority shall include not less than fifty percent (50%) of the landowners residing in the territory.

B.   Public Hearing.  Such resolution shall include a date, time and place for a public hearing at which all interested parties may appear and give testimony and shall state the method and manner by which Council proposes to assess the property owners in the proposed improvement district.  Such resolution shall be published, not less than seven (7) days nor more than fourteen (14) days, prior to the date of the public hearing, in a newspaper of general circulation in the City.  In addition, a copy of such resolution shall be mailed by first class mail, postage prepaid, to each property owner to be included within the proposed special improvement district.  At the conclusion of the public hearing, the Council shall consider all protests and shall establish or reject all or any part of the proposed district as the interests of the property owners within the proposed district and the general public may best be served.

C.   Ordinance Establishing District.  In the event Council determines, after the public hearing, to establish an improvement district it shall do so by ordinance.  The establishing ordinance shall prescribe the area to be included in the improvement district and the method and manner of making such improvements and assessing the costs of such improvements.  The method of assessment shall bear a rational relationship to the benefits to be conferred upon the property to be assessed and may be based upon front footage, assessed valuation or other methods or combination of methods.

D   Financing Improvements.  The Council by the establishing ordinance or by subsequent ordinance or both shall provide for the method by which the costs and expenses of the organization of the district and the construction or installation of the improvements shall be made.  Those methods may include the issuance of bonds or the funding of the costs and expenses from current appropriations.  In the event the costs and expenses are paid from the current appropriations, the interest rate shall be set by Council in accordance with the interest rate which could be earned by the City should those same funds be invested by the City for the same period given the property owners to repay their assessments to the City.

E.   Prepayment of Assessments.  Property owners shall have the right to pay their individual assessments in full prior to certification of the assessment to the County and such payment in full shall be subject to a discount in an amount to be set by Council not to exceed its proportional share of the interest plus the cost of annual collection.

(R & Re 29-83, §11)

Sec. 10.4  Special or Local Improvement District Bonds-General Benefits.

In consideration of general benefits conferred on the City at large from the construction or installation of improvements in special or local improvement districts, the Council may levy annual taxes on the taxable property within the City, not exceeding one mill in any one year, to be disbursed as determined by the Council for the paying of such benefits, for the payment of any assessments levied against the City itself in connection with bonds issued for special or local improvement districts and for the purpose of advancing money to maintain current payments of interest and equal annual payments of the principal amount of bonds issued for any special or local improvement district hereafter created.

Sec. 10.5  Bond Sales-Limitations.

All the terms and conditions of all bonds issued pursuant to the provisions of this Charter shall be fixed by the authorizing ordinance and such bonds shall be sold to the best advantage of the City, provided that refunding bonds may be exchanged, dollar for dollar, for the bonds being refunded.  Each bond issue may contain provisions for the redemption of bonds prior to their respective maturity dates on such terms as may be provided by the Council.  (A 29-83, §12)

Sec. 10.6  Sales Tax Revenue Securities.

The Council may authorize, by ordinance, without an election, securities made payable solely out of the proceeds of any sales or use taxes, or from any portion, however determined, or any combination, of sales and use taxes ("Sales Tax Revenue Securities").  Sales Tax Revenue Securities include, without limitation, interim or short term securities, and securities extending or funding such interim or short term securities.  Sales Tax Revenue Securities may be refunded in the manner provided in Section 10.2.  No Sales Tax Revenue Securities shall be issued for a term longer than twenty-five (25) years from the date thereof.  Sales Tax Revenue Securities shall not be subject to any restrictions or limitations contained in Section 10.1.  Sales or use taxes, or any portion, however determined, or any combination of sales and use taxes may also be pledged as additional security for any other City securities.  (Ad 6-83, §3)

ARTICLE XI.  TAXATION

Sec. 11.1  Authority to Levy Taxes.

The Council may levy and collect taxes for municipal purposes, and it may levy and collect special assessments for local improvements as provided in this Charter or by ordinance; provided, however, that no income tax, sales tax, or cigarette or tobacco tax shall be levied after the adoption of this Charter until it shall have been approved by a majority of the electorate at a regular or special election.  This section shall have no effect on any taxes in existence on the effective date hereof.

Sec. 11.2  Authority to Acquire Property.

In addition to any other power it has to acquire property, the City is hereby authorized to purchase or otherwise acquire property on which there are delinquent taxes and/or special assessments.  The City may sell and dispose of any property acquired under this authority, provided provision for any such sale or disposal is accomplished by ordinance.

ARTICLE XII.  FRANCHISES

Sec. 12.1  Granting of Franchises.

Any franchise relating to any street, alley, public place or property of the City shall be subject to the initiative and referendum powers reserved to the people under Article V of this Charter and Sec. 1 of Article V of the Colorado Constitution.  Such referendum powers shall be guaranteed notwithstanding a recital in an ordinance granting such franchise that such ordinance is necessary for the immediate preservation of the public peace, health and safety.  If such a referendum is ordered to be submitted to the registered electors, the grantee of such franchise shall deposit with the Director of Finance the expense, as determined by the Director of Finance, of such submission.  (A 24-76, §6; A- 47-87, §2)

Sec. 12.2  Present Franchises.

All franchise ordinances of the City in effect at the time this Charter is adopted shall remain in full force and effect, according to their provisions and terms, until the expiration date provided in such ordinances, or until such ordinances are amended in order to comply with state and federal law or upon mutual agreement of the City and the franchisee.  (A 24-76, §6)

Sec. 12.3  Extension of Territory.

With respect to any franchise, after negotiation or mutual agreement, the Council may by ordinance extend the area to include streets, or public places and property not embraced in such franchise, when public convenience and necessity require, subject to all terms and conditions of such original franchises, and coextensive with the terms thereof, without a vote of the qualified taxpaying electors.

Sec. 12.4  Term, Compensation, Restriction.

No franchise, lease, or right to use the streets, alleys, or the public places or property of the City shall be granted for longer than twenty (20) years.  Every grant of a franchise shall fix the amount and manner of payment of the compensation to be paid by the grantee for the use of the same.  This provision shall not exempt the grantee from any lawful taxation upon grantee or grantee’s property, nor from any license, charges, or other impositions, levied by the Council, not levied on account of the use granted by the franchise.  (A 15-07, §1)

Sec. 12.5  Revocable Permits.

The Council may grant permits for the temporary use or occupation of any street, alley, public place or property of the City and establish conditions and compensation to be paid the City therefor.

Sec. 12.6  Condemnation or Purchase.

The right of the City to construct, purchase, or condemn any public utility, work or way, as provided by law, is expressly reserved.

Sec. 12.7  Assignment.

Assigning, selling, leasing, or otherwise alienating a franchise shall be considered a forfeiture unless consent is given by the Council by ordinance.

Sec. 12.8  Books and Records.

The Council shall cause to be kept in the office of the Director of Finance an indexed franchise record in which shall be transcribed copies of all franchises granted by the City.  The record shall be a complete history of all such franchises and shall include a comprehensive and convenient reference to all actions at law affecting the same, copies of all annual and inspection reports, and such other information as the Council may require.

Sec. 12.9  Control of Franchise for Use of Water Reserved to City.

No franchise, right, or privilege shall be granted affecting the use of the water belonging to the City, or affecting its water systems, without retaining complete and absolute control in the City.

Sec. 12.10   Common Use of Facilities.

The Council shall have the power to require any holder of a franchise from the City, or other public utility, to allow the use of its rights-of-way, poles, and wires by any franchise holder, or the City itself, upon payment of a reasonable rental therefor, and the City may, under the terms prescribed by the Council, allow such franchise holders to use rights-of-way, poles, and wires of City-owned utilities.

ARTICLE XIII.   MISCELLANEOUS LEGAL PROVISIONS

Sec. 13.1  Water Rights in Annexation.

The City shall have the power to purchase, or obtain, such existing water rights as may be used upon, or allotted to, any land which is annexed to the City.

Sec. 13.2  Restriction on Sales of Land and Water Rights.

Neither lands owned and used by the City for park or governmental purposes, nor water rights, shall be sold or conveyed without an affirmative vote of a majority of the qualified electors.  Nothing in this provision, however, shall prohibit the City from exchanging, or changing point of diversion of water rights without such vote.

Sec. 13.3  Reserved.

Ed. Note--Ord. No. 37-1981, §7, repealed this section which set forth the notice required to be given the city in the event of negligence action claim against the City.  (Historical Note:  A Res. 77-18A, §4)

Sec. 13.4  Right of Eminent Domain.

The City shall have the right of eminent domain as provided by the Constitution and the statutes.

Sec. 13.5  Surety Bonds.

Except as otherwise provided in this Charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council shall, before they enter upon the duties of their respective office, file with the City an official bond, in such form and amount as the Council shall direct and approve.  The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all or a group of City employees and officers.

All official bonds shall be corporate surety bonds and the premium thereon shall be paid by the City.  The Director of Finance shall be custodian of all bonds of all officers or employees, except that the City Manager shall be custodian of any bonds pertaining solely to the Director of Finance.

Sec. 13.6  City Depository.

The Council shall designate depositories for City funds and shall provide for the regular deposit of all City moneys.  The Council shall provide for such security for the City deposits as is authorized or permitted by statute.

(Cross reference:  Charter §9.14)

Sec. 13.7  Contracts with Other Governmental Units.

The Council may, by resolution or by ordinance, enter into contracts or agreements with other governmental units or special districts for the use of buildings, equipment, or facilities, and for furnishing or receiving commodities or services.

Sec. 13.8  Bequests, Gifts or Donations.

The Council, on behalf of the City, may receive bequests, gifts, and donations of all kinds of property in fee simple or in trust, for public, charitable or other purposes, and do all things and acts necessary to carry out the purposes of such gifts, bequests, and donations, with the power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust.

Sec. 13.9  Competitive Bidding.

When the City purchases materials or equipment for twenty-five thousand dollars ($25,000.00) or more, ample opportunity shall be given for competitive bidding; however, the City need not engage in competitive bidding when purchasing through or from an agency of the state or federal government which engaged in competitive bidding to purchase the equipment or materials, when the City Council determines an emergency exists or when the City Council determines there is only one source for an item.  In addition Council may provide for purchase of used equipment at other than competitive bid if it is determined to be to the best advantage to the City.  Council shall provide by ordinance for procedures to implement this section.  (R & Re 24-76, §7; A Res. 77-18A, §5; A 27-79, §6; A 29-83, §13; A 19-03 §1)

Sec. 13.10   Emergency Purchases.

In case of emergency affecting the public peace, health, or safety, the Council may waive all provisions for competitive bidding and direct the City Manager, acting as purchasing agent for the City, to purchase necessary supplies in the open market at not more than commercial prices.

Sec. 13.11   City Not to Pledge Credit.

The City shall not lend or pledge the credit or faith thereof, directly or indirectly, in any manner to, or in aid of, any person, company or corporation, public or private, for any amount, or for any purpose whatever; or become responsible for any debt, contract or liability of any person, company or corporation, public or private, in or out of the State.

Sec. 13.12   Penalties for Violation of Charter and Municipal Code.

A.  Any violation of a provision of this Charter shall be deemed a misdemeanor.  Any person convicted of such violation may be punished by fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year.

B    Any violation of a provision of the Glenwood Springs Municipal Code as adopted by the City Council from time to time shall be deemed a misdemeanor.  Any person convicted of such violation may be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year.

(A 31-83, §1)

Sec. 13.13   Article and Section Headings.

The article and section headings used in this Charter are for convenience only, and shall not be considered as part of the Charter.

Sec. 13.14   Amendments.

This Charter may be amended at any time in the manner provided by the Constitution.  Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

Sec. 13.15   Saturdays, Sundays, and Holidays.

Whenever the date fixed by this Charter, or by ordinance, for doing or completion of any act, except a regular City Council meeting, falls on a Saturday, Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Saturday, Sunday or a legal holiday.  Whenever a regular City Council meeting falls on a legal holiday, such meeting shall be continued until the next regularly scheduled city council meeting.  (A 37-81, §8)

Sec. 13.16   Zoning.

The Council shall comply with the procedures and ordinances for zoning now or hereafter amended or enacted.

Sec. 13.17   Interpretations.

(a)  All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.

(b)  The singular number shall include the plural, the plural number shall include the singular, and the masculine gender shall extend to and include the feminine gender and the neuter.

(c)  Definitions.  As used in this Charter:

1.   "Ad valorem tax" means only the general property tax levied annually on real or personal property listed with the assessor of Garfield County, Colorado; it shall not include any one or more of the following taxes:  income tax, sales tax, use tax, excise tax or specific ownership tax on a motor vehicle or trailer.  The generality of this definition shall not be restricted by the listing set forth herein.

2.   "City" means the City of Glenwood Springs, Colorado, a municipal corporation.

3.   "Constitution" and "statute" mean the Constitution and laws of the State of Colorado, respectively, in effect at the time the provision of the Charter containing the words "Constitution" and "statute" are to be applied.

4.   "Council" means the City Council of the City of Glenwood Springs, Colorado.

5.   "Elector" means any person who is at least eighteen years of age, a citizen of the United States, and who has resided in the State of Colorado for three (3) months and in a ward of the City for thirty-two (32) days immediately preceding the election at which he offers to vote and who is registered to vote.  (R & Re, Amend. No. 4, 8-7-73)

6.   "Person" may extend and be applied to bodies politic and corporate, and to partnerships, and associations as well as to individuals.

7.   "Public utility" when used in this Charter means any person, firm or corporation operating heat, power or light systems, communication systems, water, sewer or scheduled transportation systems, and serving or supplying the public under a franchise granted by the City.

8.   "Publication" means publishing in a newspaper of general circulation within the City.  (A 15-07, §1)

9.   "State" and "County" mean the State of Colorado and the County of Garfield, respectively.

10.  "Taxpaying elector" and "qualified taxpaying elector" means an elector who owns real or personal property within the City and has paid an ad valorem tax thereon in the calendar year last preceding the election or in the calendar year in which the election is held.  An elector who is obligated to pay ad valorem taxes under a contract to purchase real property within the City shall be considered as a taxpaying elector or qualified taxpaying elector within the meaning of this definition.

11.  "Ward" means a district, the boundaries of which have been established pursuant to Article 2, Section 5, of this Charter or which will be established by Council pursuant to Article 2, Section 5, of this Charter, from which an elective officer or officers shall be elected.

12.  "Written" and "in writing," except in reference to signatures, shall include printing, typewriting, engraving, stencil duplicating, lithographing, electronic processing system or any other similar method.  (A 15-07, §1)

Sec. 13.18   Severability of Charter Provisions.

If any provision, section, article or clause of this Charter or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or application of the Charter which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is declared to be severable.

ARTICLE XIV.  TRANSITIONAL PERIOD

(R 07-15, §1)

 Certificate of Charter Convention

We, the undersigned, members of the Glenwood Springs Charter Convention, duly elected by the people of Glenwood Springs, Colorado, at a special election held on July 12, 1966, under authorization of Article XX, Constitution of the State of Colorado, to frame a Home Rule Charter for the City of Glenwood Springs, do hereby certify that the foregoing is the proposed Charter as finally approved and adopted by the members of said Convention on the 9th day of September, 1966, for submission to the people of Glenwood Springs at a special election to be held on October 11, 1966.

Done in triplicate at Glenwood Springs, Colorado, this 9th day of September, 1966.

/s/ E.L. Busby              /s/ Kenneth Hollenbaugh
E.L. Busby                  Kenneth Hollenbaugh
President and Chairman

/s/ Florence Hitt            /s/ John Hooker
Florence Hitt                 John Hooker
Secretary

/s/ Hal Beattie               /s/ James Kennedy
Hal Beattie                   James Kenney

/s/ Henry Bosco            /s/ Jay Kimball
Henry Bosco                 Jay Kimball

/s/ Charles Casteel        /s/ Stan Kochevar
Charles Casteel             Stan Kochevar

/s/ Walker Coleman       /s/ John Samuelson
Walker Coleman           John Samuelson

/s/ Cliff Collings             /s/ Ruben Stroh
Cliff Collings                 Ruben Stroh

/s/ William Crutcher       /s/ Margaret Thrall
William Crutcher           Margaret Thrall

/s/ Gene Curtis              /s/ Don Vanderhoof
Gene Curtis                   Don Vanderhoof

/s/ Warren Ferrin          
Warren Ferrin              

/s/ Leo Grange             
Leo Grange                  

/s/ Roger Henderson     
Roger Henderson

State of Colorado          )
                                    )  ss.
County of Garfield         )

Subscribed and sworn to before me this 9th day of September, 1966.

/s/ Ann F. S      Skidmore
City Clerk
City of Glenwood Springs, Colorado

(Seal)

Certificate of Receipt by City Clerk

State of Colorado          )
                                    )  ss.
County of Garfield         )

I hereby certify that the above and foregoing document is the Proposed Charter delivered to me by the Glenwood Springs Charter Convention on the 9th day of September, 1966.

/s/ Ann F. S      Skidmore
City Clerk
City of Glenwood Springs, Colorado

(Seal)

Results
Certificate of Election

CITY OF GLENWOOD SPRINGS       )
COUNTY OF GARFIELD                   )  ss.
STATE OF COLORADO                     )

I, ANN F. SKIDMORE, City Clerk of the City of Glenwood Springs, Colorado, do hereby certify that the above and foregoing Proposed Charter for the City of Glenwood Springs, Colorado was submitted to the qualified electorate of the City of Glenwood Springs, Colorado, after having been duly published in full three times and a week apart at a Special Municipal Election held in said City on Tuesday, the 11th day of October, 1966, and approved by a majority of those voting thereon, and that the vote for and against said Charter was as follows:

For:  176

Against:  73

I further certify that said Charter was published in full within ten days following said election, the same being October 19, 1966.

WITNESS my hand and seat of the City of Glenwood Springs, Colorado, this 19th day of October.  1966.

/s/ Ann F. S      Skidmore
City Clerk


Ordinance No

Effective Date

Charter Section

Change*

Amendment No. 1**

08/07/73

2.5

R & Re

Amendment No. 2

08/07/73

3.2

R & Re

Amendment No. 3

08/07/73

3.4

R & Re

Amendment No. 4

08/07/73

13.17(c)(5)

R & Re

24-76, §1

11/02/76

3.5

A

24-76, §2

11/02/76

4.4

R & Re

24-76, §3

11/02/76

6.2

R & Re

24-76, §5

11/02/76

9.2

R & Re

24-76, §6

11/02/76

12.1

R & Re

24-76, §6

11/02/76

12.2

R & Re

77-18(A), §1***

11/08/77

6.3

R & Re

77-18(A), §4

11/08/77

13.3

R & Re

77-18(A), §5

11/08/77

13.9

R & Re

27-79, §1

11/06/79

3.11

R & Re

27-79, §2

11/06/79

6.4(k)

R & Re

27-79, §2

11/06/79

6.4(l)

R & Re

27-79, §2

11/06/79

6.4(m)

R

27-79, §3

11/06/79

6.6

R & Re

27-79, §4

11/06/79

6.7

R & Re

27-79, §5

11/06/79

8.4

R & Re

27-79, §5

11/06/79

8.5

R & Re

27-79, §6

11/06/79

13.9

R & Re

37-81, §1

11/03/81

3.9

R & Re

37-81, §1

11/03/81

4.5

R & Re

37-81, §1

11/03/81

4.6

R & Re

37-81, §1

11/03/81

7.1

A

37-81, §1

11/03/81

9.4

R & Re

37-81, §1

11/03/81

12.8

A

37-81, §2

11/03/81

3.5

A

37-81, §3

11/03/81

5.2

R & Re

37-81, §3

11/03/81

5.3

R& Re

37-81, §4

11/03/81

6.5

R & Re

37-81, §5

11/03/81

8.5

A

37-81, §6

11/03/81

9.11

R & Re

37-81, §7

11/03/81

13.3

R

37-81, §8

11/03/81

13.15

R & Re

 


 

Ordinance No

Effective Date

Charter Section

Change

6-83, §3

04/26/83

10.6

Ad

29-83, §1

11/08/83

3.2

A

29-83, §2

11/08/83

3.5(c)

A

29-83, §3

11/08/83

3.8

A

29-83, §4

11/08/83

5.7

A

29-83, §5

11/08/83

6.1

A

29-83, §6

11/08/83

6.6

A

29-83, §7

11/08/83

6.7(a)

A

29-83, §8

11/08/83

6.7(d)

A

29-83, §9

11/08/83

9.14

A

29-83, §10

11/08/83

10.1

A

29-83, §11

11/08/83

10.3

R & Re

29-83, §12

11/08/83

10.5

A

29-83, §13

11/08/83

13.9

A

 


-A-

AD VALOREM TAX

Defined                                                                   13.17

ANNEXATION

Right to Require Water Rights                             13.1

APPROPRIATIONS
See FINANCES

AUDIT

Audit of City Finances                                          3.11

-B-

BIDS

Competitive Bidding Requirements                     13.9

BONDS

General Obligation Bonds                                     10.1

Refunding Bonds                                                   10.2

Sales Tax Revenue Securities                               10.6

Sewer Extension Bonds                                         10.1

Surety Bonds Required                                         13.5

Water Extension Bonds                                         10.1

BOUNDARIES

Of City                                                                        1.1

BUDGET
See also FINANCES

Annual Budget Requirements                                9.2

-C-

CAPITAL PROJECT FUND

Established                                                              9.11

CHARTER

Amendments                                                         13.14

Definitions                                                             13.17

Interpretation

Article and Section Headings                      13.13

In General                                                        13.13

Saturdays, Sundays and Holidays              13.15

Saving Clause                                                   14.8

Severability of Provisions                                   13.18

Transitional Period                                                 14.1

Violations                                                               13.12

CITY

Annexation, Authority to Acquire
Water Rights                                                        13.1

Appropriations
See FINANCES

Audit Required                                                       3.11

Bequests, Gifts and Donations                            13.8

Boundaries                                                                1.1

Budget
See FINANCES

Community Recreation Program                             7.2

Competitive Bidding                                              13.9

Condemnation

Eminent Domain                                               13.4

Right to Condemn                                            13.4

Right to Condemn Public Utility                    13.4

Contracts, Intergovernmental
Contract Authority                                             13.7

Credit, Restrictions on Pledge of                       13.11

Defined                                                                   13.17

Donations to                                                           13.8

Elective Officers                                                        2.6

Emergency Purchases                                          13.10

Eminent Domain.  See Condemnation
This Heading

Employees, Surety Bond
Requirements                                                       13.5

Finances
See FINANCES

Fiscal Year                                                                 9.1

Funds, Deposit of                                                   13.6

Gifts                                                                          13.8

In Writing Defined                                               13.17

Intergovernmental Contracts                                13.7

Loan Restrictions                                                 13.11

Municipal Court
See MUNICIPAL COURT

Name                                                                           1.1

Oath of Office, Councilpersons and
Employees                                                              3.6

Officers and Employees, Surety
Bond Requirements                                            13.5

Ordinances
See ORDINANCES

Parks                                                                           7.2

Parks and Recreation, Agreements
with Other Groups                                                 7.2

Powers                                                                        1.2

Property

Franchises
See FINANCES, Franchises

Lease Restrictions                                            13.4

Power to Acquire for Delinquent
Taxes                                                               11.2

Revocable Permits for Use of
City Property                                                 12.5

Sale of Property Acquired for
Taxes                                                               11.2

Sale Restrictions                                               13.2

Publication Defined                                              13.17

Purchases

Competitive Bidding
Requirements                                                 13.9

Emergency Purchases                                   13.10

Resolutions and Motions                                       4.8

Rights and Liabilities                                               1.3

Saturdays, Sundays and Holidays                    13.15

Utilities

Common Use of Franchise
Facilities                                                       12.10

Public Utility Defined                                    13.17

Right to Condemn                                            12.6

Water

Annexation, Right to Acquire
Rights                                                             13.1

Restriction on Franchise for Same                 12.9

Transfer of Rights, Restrictions                     13.2

Written Defined                                                    13.17

Zoning                                                                    13.16

CITY ADMINISTRATION

In General                                                                 3.10

City Attorney
See CITY ATTORNEY

City Clerk

Appointed                                                           6.5

Assistants                                                           6.5

Duties                                                                   6.5

City Council Relationship                                     3.10

City Employees, Preference in
Employment to Residents                                    6.7

City Manager
See CITY MANAGER

Departments Created                                               6.7

Director of Finance
See FINANCE DIRECTOR

Firepersons, Residency Requirements                  6.7

Policepersons, Residency
Requirements                                                         6.7

Surety Bond Requirements                                   13.5

CITY ATTORNEY

Appointment                                                             8.1

Assistants Appointed by Council                         8.1

Compensation                                                           8.1

Duties                                                                         8.2

Qualifications                                                            8.1

Special Counsel, Appointment                               8.3

CITY CLERK

Appointment                                                             6.5

Assistants                                                                 6.5

Duties                                                                         6.6

CITY COUNCIL

Administrative Relationship                                 3.10

Boards and Commissions

Appointment and Terms of
Members                                                          7.1

Established                                                          7.1

Meetings Open to Public                                  7.1

Minutes and Records Kept by
City Clerk                                                          7.1

City Attorney
See CITY ATTORNEY

Defined                                                                   13.17

In General                                                                   3.1

Mayor

Duties                                                                   3.3

How Elected                                                        3.3

Mayor Pro Tem, Duties                                           3.3

Meetings

Open to Public                                                    3.8

Publication Defined                                       13.17

Quorum for Conduct of Business                    3.8

Saturdays, Sundays and Holidays              13.15

Special, How Called                                           3.9

When Held                                                          3.8

Ordinances
See ORDINANCES

Park Administration                                                 7.2

Powers                                                                        3.1

Public program implementation                              7.2

Publication Defined                                              13.17

Recall of Members                                                    5.7

Resolutions and Motions                                       4.8

Surety Bond Requirements                                   13.5

Voting Upon Ordinances                                        4.4

CITY MANAGER

Absence                                                                     6.3

Annual Budget, Date of Submission
to City Council                                                       9.2

Appointment                                                             6.2

Chief Administrative Officer                                   6.1

In General                                                                   6.1

Powers and Duties                                                   6.3

Qualifications                                                            6.2

Residency Requirement                                           6.1

CODES

Adopted by Reference                                            4.6

COMPETITIVE BIDS

Requirements For                                                   13.9

CONDEMNATION

Right of City                                                            12.6

CONSTITUTION

Defined                                                                   13.17

CONSTRUCTION

Of Charter.  See CHARTER, Interpretation

Present Ordinances Effective                                 1.4

CONTRACTS

Intergovernmental Contract Authority               13.7

COUNCIL.  See CITY COUNCIL

COUNCILMEMBERS

Compensation                                                           3.7

Elective Officers                                                        2.6

In General                                                                   3.1

Nomination for Office                                              2.7

Oath of Office                                                            3.6

Qualifications                                                            3.2

Recall                                                                          5.7

Surety Bond Requirements                                   13.5

Terms of Office                                                         3.4

Vacancies                                                                   3.5

COUNTY

Defined                                                                   13.17

CREDIT

Pledge of Credit Restrictions                              13.11

-D-

DEFINITIONS

Generally                                                                13.17
(See Also Individual Terms This Index)

-E-

ELECTIONS

Clerks                                                                          2.2

Colorado Municipal Election Laws
Adopted                                                                 2.1

Date of General Election                                          2.3

Date of Special Election                                           2.4

Elector Defined                                                     13.17

Judges                                                                        2.2

Registration                                                               2.2

Special Election, How Called                                  2.4

Taxpaying Elector Defined                                  13.17

Time Polls Open                                                        2.3

Wards

Contiguous and Compact                                 2.5

Defined                                                            13.17

Established                                                          2.5

How Changed                                                     2.5

Number                                                                2.5

EMINENT DOMAIN

Power of City                                                           12.6

EMPLOYEES

Oath of Office                                                            3.6

Preference to Residents                                           6.7

Retirement Plans Continue                                    14.7

Surety Bond Requirements                                   13.5

-F-

FINANCE DIRECTOR

Appointment                                                             6.5

Assistants                                                                 6.5

Duties                                                                         6.6

FINANCES

Annual Budget

Adoption Date Requirement                            9.5

Establishing Mill Levy by Certain
Date                                                                   9.7

Public Hearing                                                    9.4

Scope and Contents                                          9.3

Submission by City Manager                           9.2

Appropriation Ordinance

Date by Which Adopted                                  9.6

Requirements                                                      9.6

Appropriation, Restrictions on
Additional Appropriation                                  9.13

Appropriations, Additional                                  9.13

Assistance to Private Corporations
Restricted                                                           13.11

Audit                                                                        3.11

Bonds

Redemption, Refund Provisions                    10.2

Sale Requirements, Limitations                      10.5

Sales Tax Revenue Securities                         10.6

Terms and Conditions Fixed by
Ordinance                                                       10.5

Bonds, Special Improvement Districts.
See Special Improvement Districts
This Heading

Budget.  See Annual Budget This
Heading

Capital Project Fund

Carry-Over Balance at End of
Fiscal Year                                                      9.11

Established                                                        9.11

Purpose                                                              9.11

Restriction on Transfers to
General Fund                                                 9.11

Rules and Regulations                                    9.11

Competitive Bidding

Emergency Purchases                                   13.10

Requirements                                                    13.9

Credit, Restrictions on Pledge of
Same                                                                    13.11

Fiscal Year Established                                            9.1

Franchises

Assignment, Transfer Restrictions               12.7

Common Use of Facilities                             12.10

Compensation to be Set in Grant                   12.4

Election Expense Deposit Required              12.1

Expansion of Territory                                     12.3

Grant Authorized                                              12.1

Present Franchises Continue                         12.2

Record of Franchise to be Kept                     12.8

Revocable Permits                                            12.5

Term of Franchise                                            12.4

Voter Approval Required                                12.1

Water, Restrictions Upon                               12.9

Funds, Deposit of Funds                                      13.6

Funds Transferred                                                  9.12

General Fund

Contingency Fund                                             9.9

Transfer to Accounts                                 9.9

Established                                                          9.8

Expenditures to be Made From
Fund                                                                  9.8

Revenue to be Deposited in Fund                   9.8

General Obligation Bonds

Limitation on Term for
Repayment                                                     10.3

Limitation on Total Indebtedness                 10.1

Procedures for Incurring                                 10.1

Vote of Electors Required                               10.1

In Writing Defined                                               13.17

Investment of City Funds

In General                                                          9.14

Preference to Local Financing
Institution                                                      9.14

Loan Restrictions                                                 13.11

Local Improvement District Bonds
See Special Improvement

Mill Levy

City-wide Levy for Special
Improvement District                                    11.1

Failure to Certify to County,
Result                                                                9.7

When Certified to the County                          9.7

When Fixed by City Council                            9.7

Purchase, Competitive Bidding
Requirements                                                       13.9

Refunding Bonds                                                   10.2

Sales Tax Revenue Securities

Authorized by Ordinance                               10.6

Defined                                                              10.6

Limitation on Term                                           10.6

Sales and/or Use Tax May Be
Pledged                                                           10.6

Sewer Bonds, Procedures for
Incurring                                                               10.3

Special Funds

Creation by City Council                                 9.10

Purposes                                                            9.10

Special Improvement Districts

Area Included                                                   10.3

Assessment of Costs by
Ordinance                                                       10.3

Assessments, Prepayment by
Owner                                                             10.3

Bonds Issued for Financing                           10.3

City Council Determination of
Area Included                                                10.3

Established by Ordinance                               10.3

Interest on City Financing                              10.3

Methods of Financing
Improvements                                                10.3

Power to Establish                                           10.1

Public Hearing Notice Requirements            10.1

Public Hearing to Establish
Required                                                         10.1

Purposes                                                            10.1

Resolution Determining Necessity                10.3

Taxation

Authority to Levy                                            11.1

Property Acquisition by City                         11.2

Purposes                                                            11.2

Voter Approval Required for
Imposition                                                      11.1

Water Bonds, Procedures for
Incurring                                                               10.1

Written Defined                                                    13.17

FISCAL YEAR

Established                                                                9.1

FRANCHISES
See FINANCES

FUNDS

Capital Projects Fund                                             9.11

Deposit of City Funds                                           13.6

Qualified Entities for Investment                         9.14

Special Funds                                                          9.10

Transfer of Funds                                                   9.12

-G-

GENERAL FUND

Established                                                                9.8

GENERAL OBLIGATION BONDS

Power of City                                                           10.1

GIFTS

Receipt by City                                                       13.8

-H-

HOLIDAYS

Effect on Time for Things to Occur                   13.15

-I-

IN WRITING

Defined                                                                   13.17

INITIATIVE & REFERENDUM
See ORDINANCES

-L-

LOANS

Restrictions                                                           13.11

-M-

MAYOR

Duties                                                                         3.3

Mayor Pro Tem                                                         3.3

MEETINGS

Boards and Commissions Open to
Public                                                                      7.1

City Council Meetings Open to Public                 3.8

Saturdays, Sundays & Holidays, Effect
of Meeting Falling on the Same                      13.15

MILL LEVY

Assessment for Special Improvement
District                                                                  11.1

Establishing and Certifying                                    9.7

MOTIONS

Of City Council                                                         4.8

MUNICIPAL COURT

City Council to Furnish Facilities                           8.4

Court of Record                                                        8.4

Established                                                                8.4

Judge

Appointment                                                       8.5

Assistant Judges Appointed                           8.5

Compensation                                                     8.5

Qualifications                                                      8.5

Residency Requirement                                    8.5

Term of Office                                                     8.5

Verbatim Record to be Kept                                    8.4

-N-

NAME OF CITY                                                              1.1

-O-

OATHS OF OFFICE                                                       3.6

ORDINANCES

Appropriation Ordinances, Procedure
for Passage                                                             4.4

Book of Ordinances                                                 4.5

Codes Adopted by Reference                                4.6

Disposition                                                                4.5

Effective Date

Appropriation Ordinances                                4.4

Emergency Passage                                           4.4

Form                                                                            4.3

Initiative and Referendum

Appropriation Ordinances
Excepted                                                           5.6

Cannot be Altered for Six Months                  5.5

City Council Procedure                                     5.3

Conflicting Provisions in Same
Election                                                             5.5

Ordinances Commenced By                             5.1

Petition Requirements                                       5.2

Special Improvement
Assessments Excepted                                  5.6

Submission to Electors                                      5.4

Time for Submission of Petitions                  5.2.1

Present Ordinances in Force                                   1.4

Procedure for Passage                                             4.4

Publication Defined                                              13.17

Recall                                                                          5.7

Council Procedure                                             5/8

Severability                                                                4.7

Voting Upon                                                              4.2

When Required                                                         4.1

-P-

PARKS

Cooperation with Other Groups                             7.2

Provisions for City Parks                                         7.2

PENALTIES

Charter, Code Violations                                     13.12

PERSON

Defined                                                                   13.17

PROPERTY
See CITY

PUBLIC UTILITY

Defined                                                                   13.17

PUBLICATION

Defined                                                                   13.17

PURCHASING

Competitive Bid Requirements                             13.9

-Q-

QUALIFIED TAXPAYING ELECTOR

Defined                                                                   13.17

-R-

RECALL

Of City Council Members                                        5.7

REFUNDING BONDS

Authorized by Council                                          10.2

RESIDENCY

City Manager                                                            6.1

Firepersons                                                                6.7

Municipal Judge                                                       8.5

Policepersons                                                            6.7

Preference for City Employment                             6.7

RESOLUTIONS

Of City Council                                                         4.8

-S-

SALES TAX

Sales Tax Revenue Securities                               10.6

SEVERABILITY

Of Charter Provisions                                          13.18

SEWER BONDS

Authority to Issue                                                  10.1

SPECIAL DISTRICTS
See FINANCES

STATUTE

Defined                                                                   13.17

STATE

Defined                                                                   13.17

-T-

TAXATION
See FINANCES

TAXPAYING ELECTOR

Defined                                                                   13.17

TRANSITION PERIOD  (R 07-15, §1)

-U-

UTILITIES
See CITY

-V-

VIOLATIONS

Charter, Code                                                        13.12

-W-

WARD

Defined                                                                   13.17

WASTEWATER
See Sewer Under Various Topics
This Index

WATER
See CITY

WATER BONDS

Authority to Issue                                                  10.1

WRITTEN

Defined                                                                   13.17

Z-

ZONING

Compliance with Procedures                              13.16

 


 



*     Editor's note-The Charter for the City of Glenwood Springs, Colorado was adopted by the Glenwood Springs Charter Convention on September 9, 1966, and approved by the citizens of Glenwood Springs at a special election on October 11, 1966.

*       A = Amended.  Ad = Added.  R = Repealed, R & Re = Repealed and Re-enacted.

**    Amendments 1-4 were enacted by an unnumbered Resolution of City Council passed July 5, 1973.  and approved by the voters on August 7, 1973 at a special election.  (See Minutes Book (H) at Pages 229 and 230.)

***  Resolution 18 of 1977.