HomeMy WebLinkAboutORDINANCE 10-100 0
ORDINANCE NO.10-10
AN ORDINANCE AMENDING AND RESTATING TITLE 2 OF THE MUNCIPAL
CODE PERTAINING TO ADMINISTRATION AND PERSONNEL AND
SECTION 9.02.040 PERTAINING TO FALSE REPORTING TO AUTHORITIES
WHEREAS,the Board of Trustees of the Town of Estes Park has determined
that it is necessary to amend and restate Title 2 of the Municipal Code to change
references to outdated language in Title 2,clarify the Officers to be appointed by the
Board of Trustees following each biennial election,and consolidate sections of Title 2
into a more readable and clear format;and
WHEREAS,Section 9.02.040 of the Municipal Code shall be amended to clarify
language relating to false reporting to authorities.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO.
Section 1.Title 2 of the Municipal Code is hereby amended and restated in its
entirety as more fully set forth on Exhibit A attached hereto and incorporated herein by
reference.
Section 2.Section 9.02.040 (1)of the Municipal Code shall be amended to read as
follows:
(1)He or she knowingly causes a false alarm of fire or other emergency
to be transmitted to the fire department,police department,ambulance
service,or any other government agency which deals with emergencies
involving danger to life or property.
Section 3.The Ordinance shall take effect and be in force 30 days after its adoption
and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 3O-DAY OF
________________
2010.
ATTEST:
0
cac —
Ton Clerk
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I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the j-day of
_______________,
2010,and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,
onthe €fltsodayof
_______________
2010.
ToW Clerk
Mayor
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Title 2
Administration and Personnel
Chapter 2.04 Board of Trustees
2.04.010 Four-year terms for Trustees
2.04.020 Write-in candidate affidavit
2.04.030 Cancellation of elections
2.04.040 Meeting
2.04.050 Quorum
2.04.060 Action by Board
Chapter 2.08 Standing Committees
2.08.010 Committees
2.08020 Special committees
Chapter 2.12 Mayor
2.12.010 Four-year term for Mayor
2.12.020 Duty to sign warrants or other instruments;facsimile signature
2.12.030 Vote required
Chapter 2.16 Mayor Pro Tern
2,16,010 Mayor Pro Tem
Chapter 2.20 Mayor and Trustees Compensation
2.20.010 Compensation of Mayor and the Board of Trustees
Chapter 2.24 Town Officers
2.24.010 Appointment
2.24.020 Officers’Duties
2.24.030 Compensation
Chapter 2.28 Town Administrator
2.28.010 Town Administrator:appointment
2.28.020 Functions and duties
Chapter 2.32 Municipal Court
2.32.010 Municipal Court
Chapter 2.36 Social Security Coverage
2.36.010 Social Security coverage
Chapter 2.40 Fire Chief
2.40.010 Designation
7.,
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Administration and Personnel
Chapter 2.04
Board of Trustees
2.64.0 10 Four-year terms for Trustees.
At each regular election three (3)Trustees
shall be elected to serve four-year terms.(Prior
code §3.1-1;Ord.6-72 §1(part),1972;Ord.15-
97.1997)
2.04.020 Write-in candidate affidavit.
In any special or regular election of any
member to the Board of Trustees,no write-in
vote for any person shall be counted unless an
affidavit of intent has been filed with the Town
Clerk at least twenty (20)days prior to the date
of the election,by the person whose name is
written in indicating that such person desires the
office and is qualified to assume the duties of
that office,ifelected.(Ord.20-91 §1,1991)
2.04.030 Cancellation of elections.
In any special or regular election for a mem
ber or members to the Board of Trustees,if the
only mnatter before the voters is the election of
persons to office and if,at the close of business
on the nineteenth day before the election there
are not more candidates than offices to be filled
at such election,including candidates filing affi
davits of intent,the Town Clerk,if instructed by
resolution of the Board of Trustees shall cancel
the election and the candidates shall be deemed
elected.(Ord.20-91 §2,1991;Ord.15-97,
1997)
2.04.040 Meetings.
The regular meetings of the Board of Trus
tees shall be held at the Municipal Building,170
MacGregor Avenue,Estes Park,Colorado,on
the second and fourth Tuesday of each and every
month at 7:00 p.m.Special meetings may be
2-8
0.Section 2.52.040
called by the Mayor or,in his or her absence,by
the Town Clerk,by written notice of such
meeting,to each member of the Board of Trus
tees.(Prior code §4.1;Ord.27-74 §1,1974;
Ord.6-90 §3,1990;Ord.15-97,1997;Ord.8-03
§1,2003)
2.04.050 Quorum.
Four (4)members of the Board of Trustees
shall be a quorum for the transaction of business.
No business shall be transacted except when a
quorum is present,but a smaller number may
adjourn the meeting to another time.(Prior code
§4.3)
2.04.060 Action by Board.
All ordinances and all resolutions for the
appropriation of money or the entering into of
contracts shall require for their passage the
concurrence of a majority of the Board of Trus
tees.All other actions of the Board of Trustees
upon which a vote is taken shall require the
concurrence of a majority of those present.
(Ord.15-97,1997)
Chapter 2.08
Committees
2.08.010 Committees.
At the first regular meeting following the
certification of the results of each biennial
election,the Mayor shall appoint three (3)
Trustees to the Following standing committees:
community development,public safety,public
works,and utilities.(Ord.26-88 §l(pal),1988;
Ord.7-03 §1,2003)
2.08.020 Special committees.
Special committees may be established by
the Board of Trustees.The Mayor shall appoint
all members of any special committee subject to
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the approval of the Board of Trustees.(Ord.26-
88 §1(part),1988)
act,shall perform his or her duties.(Prior code
§4.2;Ord.15-97,1997)
Mayor
2.12.010 Four-year term for Mayor.
A Mayor shall be elected to serve a four-year
term.(Prior code §3.1-2;Ord.6-72 §1(pad).
1972;Ord.15-97,1997)
2.12.020 Duty to sign warrants or other
instruments;facsimile signature.
All warrants or other instruments of payment
drawn upon the Town shall be signed by the
Mayor.The Mayor may execute,or cause to be
executed,all such warrants or other instruments
of payment with a facsimile signature in lieu of
his or her manual signature upon his or her com
pliance with State statutes pertaining to fac
simile signatures.(Prior code §3.1-5;Ord.14-
72 §1.1972:Ord.15-97.1997)
2.12.030 Vote required.
The Mayor shall have no vote upon any
question except in the case of a tie vote.All
ordinance adopted and resolutions authorizing
the expenditure of money or the entering into a
contract require the approval and signature by
the Mayor before they can become valid.(Prior
code §4.8:Ord.15-97,1997)Chapter 2.16
Mayor Pro Tem
2.16.010 Mayor Pro Tcm.
At its first regular meeting following the
certification of the results of each biennial
election.the Board of Trustees shall choose one
(I)of the Trustees as Mayor Pro Tem who,in
the absence of the Mayor from any meeting of
the Board of Trustees,or during the Mayor’s
absence from the Town or his or her inability to
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Mayor and Trustees Compensation
2.20.010 Compensation of Mayor and the
Board of Trustees.
The Mayor shall receive as full compensation
for his or her services the sum of six thousand
dollars (56.000.00)per year during each year of
his or her term,payable in equal monthly pay
ments.The Mayor Pro-Tem shall receive as full
compensation for his or her services the sum of
five thousand dollars (S5.000.00)per year dur
ing each year of his or her term,payable in equal
monthly payments.Each member of the Board
of Trustees shall receive as full compensation
for his or her services the sum of four thousand
dollars (54,000.00)per year during each year of
his or her term,payable in equal monthly pay
ments.(Ord.7-74 §1,1974:Ord.9-80 §1.1980:
Ord.8-86 §1,1986:Ord.15-97,1997:Ord.3-00
§1.2000;Ord.3-08 §1,2008)
Chapter 2.24
Town Officers
2.24.010 Appointment.
At its first regular meeting following
certification of the results of each biennial
election,the Board of Trustees shall appoint a
qualified person as Ton Clerk,Town
Treasurer,Town Attorney,Municipal Judge,and
Assistant Municipal Judge,and any other
officers the Board of Trustees deems necessary
for the good governance of the Town.
2.24.020 Officers’Duties.
The Officers shall have the following duties:
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Administration and Pcrsonncl Section 2.52.040
Chapter 2.12 Chapter 2.20
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Administration and Personnel
(1)Town Clerk.The Town Clerk shall
attend meetings of the Board of Trustees and
make a true and accurate record of all the
proceedings,rules and ordinances made and
passed by the Board of Trustees.He or she shall
be the custodian of all of the Towns records.
The Town Clerk shall perform such other duties
as the Board of Trustees may prescribe.The
Town Clerk is supervised by the Town
Administrator and subject to the personnel
policies of the Town.
(2)Town Treasurer.The Treasurer shall
receive all moneys belonging to the Town and
give receipts therefore,keep the Town’s books
and accounts in such manner as may be
prescribed by the Board of Trustees,keep a
separate account of each fund or appropriation
and the debts and credits belonging thereto and
sign and pay all warrants and bills approved by
the Board of Trustees.All books and accounts
of the Treasurer shall always be subject to
inspection of any member of the Board of
Trustees.The Treasurer shall perform all other
duties,keep all records and make all reports that
are required by other provisions of this Code or
by the laws of the State.The Treasurer is
supervised by the Town Adnunistrator and
subject to the personnel policies of the Town.
(3)Town Attorney.It shall be the duty of
the Town Attorney to attend meetings of the
Board of Trustees as directed by the Mayor or
the Board of Trustees,to draw all ordinances,
contracts and other instruments when requested
to do so,to prosecute or defend all suits brought
by or against the Town,and to render such legal
service to the Board of Trustees and other Town
officers as they may require.
(4)Municipal Judge,Assistant Municipal
Judge,and Clerk of the Municipal Court.
The Municipal Judge,Assistant Municipal Judge
and Clerk of the Municipal Court shall have all
the powers.authority,duties,and shall follow
procedures as provided therefore by the laws of
the State and the rules and procedures adopted
by the Supreme Court of the State.
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Section 2.52.040
(5)Vacancy.In the case of a vacancy in
the office of Town Clerk,Town Treasurer,or
the Town Attorney the Board of Trustees shall
appoint a person for the unexpired term.
2.24.630 Compensation.
The Town Clerk,Town Treasurer,and any
other officers who are employees of the Town
shall be compensated pursuant to the Town’s
Employment Compensation Schedule.The
Town Attorney shall be compensated in
accordance with a Fee Schedule approved by the
Board of Trustees.The compensation of the
Municipal Judge,Assistant Municipal Judge,
and Clerk of the Municipal Court shall be set by
ordinance annually.
Chapter 2.28
Town Administrator
2.28.010 Town Administrator;appointment.
At its first regular meeting following the
certification of the results of each biennial
election,the Board of Trustees shall appoint a
qualified person as Town Administrator.In case
of a vacancy in the office of Town
Administrator,the Board of Trustees shall
appoint a Town Administrator for the unexpired
term.(Ord.21-75 §l(part),1975;Ord.15-97.
1997)
2.36.020 Functions and duties.
The functions and duties of the Town Ad
ministrator shall be as follows:
(I)To be responsible to the Board of
Trustees for the efficient administration of all
departments of the Town government;
(2)To supervise the enforcement of all
laws and ordinances;
Supp.IS
(3)To recommend an annual budget to
the Board,to administer the budget as finally
adopted and to keep the Board of Trustees
fully advised at all times of the financial
condition of the Town;
(4)To recommend to the Board of
Trustees for adoption such measures as lie or
she may deem necessary;and
(5)To perform such other duties as may
be prescribed by ordinance or by direction of
the Board of Trustees.(Ord.21-75 §l(part),
1975;Ord.15-97,1997)
(6)The Town Administrator shall
propose an administrative organization plan
of the Town which shall be presented to the
Board of Trustees for approval.When the
plan is approved by the Board,it shall
become the administrative organization plan
of the Town,and all Town administrative
procedures and functions shall be carried on
in accordance with such plan.
Chapter 2.32
Municipal Court
2.32.016 Municipal Court
There is created a Municipal Court to hear
and try all alleged violations of the Town ordi
nance provisions.
Chapter 2.36
Social Security Coverage
2.36.010 Social Security coverage.
The Board of Trustees has adopted an ordi
nance extending the benefits of Old Age and
Survivors’Insurance to its officers and employ
ees.The proper officers of the Town are author
ized to continue making payroll deductions from
salaries and to make the required payment by the
Town and to do all other things necessary to
continue the coverage of the officers and
employees of the Town in the Old Age and
Survivors’Insurance System.(Prior code §3.7)
2.40.010 Designation.
The Fire Chief of the Estes Valley Fire
Protection District is hereby designated as the
Fire Chief for all duties and responsibilities of a
fire chief set forth in the Municipal Code.
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Chapter 2.40
Fire Chief