CHAPTER IV
LEGISLATIVE BODY AND MEETINGS
Section 4.1 City Council.
The City Council shall consist of six (6) members, elected from the city at large, four (4) year staggering terms, three (3) each two (2) years.
The Mayor shall be elected, as hereinafter provided, from the City at large.
Section 4.2 Terms of Office — Mayor and Council members.
a. The terms of office of the Council members, including the Mayor, hereafter to be elected in accordance with the provisions of this Charter, shall commence on their taking the oath of office at the ensuing organizational meeting of the City Council held on the first Monday after election in the year elected and shall continue during the term for which they shall have been elected until their successors shall have been elected and duly qualified.
b. On the first Tuesday in April, in the year 1974, the first regular municipal election shall be held under the provisions of this Charter, at which time the three (3) Council members shall be elected for a term of four (4) years.
c. On the first Tuesday in April, in the year 1976, the second regular municipal election shall be held under the provisions of this Charter in which three (3) Council members, and Mayor, shall be elected for a term of four (4) years. Every two (2) years thereafter at the regular municipal election Council members shall be elected for four (4) year terms.
d. The Mayor shall, at the organizational meeting held on the first Monday after the regular municipal election and after the newly elected members have qualified for their respective offices, appoint from the Council membership, a Mayor Pro-Tem for a term expiring at the next organizational meeting following the next regular municipal election.
e. The Mayor and Council members shall serve no more than four (4) consecutive terms. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. (Ord. 2022-1 §§ 1, 3; Ord. 2018-1 § 1)
Section 4.3 Qualifications.
No person shall be eligible to be elected or appointed to the office of Mayor or Council member unless he be a citizen of the United States, at least twenty-one (21) years of age, shall have been for one (1) year immediately preceding such election or appointment a resident of the City of Glendale, Colorado, and a registered elector of the City at the time of filing his nomination petition for such office, or at the time of appointment to the office, if that be the case. Any person who is a resident of the City by virtue of having been a resident of an area annexed to or consolidated with the City shall be deemed to meet the residence requirements of this Section provided he was a resident of such annexed or consolidated area for the length of time required herein for any other resident of the City. A person who has been convicted of a felony or has received a dishonorable discharge from the military service of the United States shall not be eligible to become a candidate for an elected City Office. The Council shall be the judge of the election qualifications of its own members, subject, however, to judicial review. (Ord. 2022-1 § 3)
Section 4.5 Vacancy.
a. An elected officer shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever an elective officer fails or refuses to qualify, dies, resigns, is removed from office, moves from the City, is incapacitated to an extent which prohibits him from properly performing his duties as an elective officer, absents himself continuously from the City for more than three (3) months without a leave of absence given by a majority vote of the entire Council in office at the time the vote is taken, is convicted by a Court of Law of any act constituting misconduct in office or constituting a felony, is judicially declared mentally ill, or moves from the City of Glendale.
The existence of a vacancy shall be established by competent evidence thereof and placed on record in the Council minutes. The Council shall determine the validity of the evidence and decide when a vacancy exists.
b. In not less than ten (10) days or more than thirty (30) days after a vacancy in an elected office occurs, the remaining Council members shall appoint an eligible person, as defined in Section 4.3, to fill such vacancy to serve to the next organization meeting of the City Council held on the second Monday after the next regular municipal election. Such appointment shall be decided by secret written ballot and by a majority vote of the members of the City Council in office at the time the vote is taken. If there will be remaining unexpired time in the term of office for which the appointment was made, after the organization meeting held the second Monday after the next regular municipal election, then such vacancy for the remaining unexpired time shall be filled at the regular municipal election preceding the said organization meeting of the City Council. (Ord. 2022-1 § 3)
Section 4.6 Compensation of Mayor and Council members.
The members of the City Council, including the Mayor, shall receive such compensation as the Council shall by ordinance prescribe; provided, however, they shall neither increase nor decrease the compensation of any member during his term of office, except, however, members of the Council whose terms do not expire at the next organizational meeting of the City Council shall receive the same salary as that provided for incoming members for the remainder of their terms of office. The Mayor and Council members may, upon order of the Council, be paid such necessary bona fide expenses incurred in service in behalf of the City as are authorized by City Council. (Ord. 2022-1 § 3)
Section 4.7 Oath of Office and Bond.
a. Every elected officer under this Charter, before entering upon the duties of his office, shall take an oath or affirmation of office, that he will support the Constitution and the laws of the United States and of the State of Colorado, and this Charter and the ordinances of the City and will faithfully perform the duties of his office upon which he is about to enter. The City Clerk shall file each oath, together with any bond required by this Charter, or by the Council.
b. In case of failure to comply with the provisions of this Section within ten (10) days from the date of his appointment, or within ten (10) days from the date prescribed in this Charter to take office, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by motion or resolution, extend the time in which such officer may qualify as above set forth.
Section 4.8 General Powers of Council.
The Council shall constitute the legislative and governing body of the City and shall have all legislative powers and functions of municipal government, except as otherwise provided in the Constitution of the State of Colorado, this Charter or by Statutes applicable to Home Rule Cities, and shall have the power and authority to adopt such laws, ordinances, resolutions, and rules as it shall deem proper.
Section 4.9 Mayor.
a. The Mayor shall preside over meetings of the Council, have the power to administer oaths and affirmations, and have the right to vote only in case of tie. Mayor votes and may veto — two-thirds (2/3) vote of the City Council to override veto. He shall be recognized as head of the City government for all ceremonial purposes. He shall execute and authenticate legal instruments requiring his signature as such an official.
b. The mayor shall be the conservator of the peace, and in case of riot, insurrection or other extreme emergency shall assume general control of the City government and all branches thereof and be responsible for the suppression of disorder and the restoration of normal conditions. At such times the Mayor shall:
(1) Proclaim the existence and then the termination of the emergency;
(2) In his discretion, request the Colorado Governor’s proclamation if it appears that the resources and the ability of City are inadequate to cope with the emergency;
(3) Convene the Council, if reasonable to do so;
(4) Execute all his normal powers and all his special powers lawfully conferred upon him including, but not limited to, establishing written rules and regulations governing conduct and activities reasonably related to the protection of life and property and to the suppression of the emergency.
(5) Have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the general law and ordinances of the City and to suppress the emergency.
c. The Mayor shall exercise only such power as this Charter or the Council, acting not inconsistent with this Charter, shall confer upon him. (Ord. 2018-1 § 3)
Section 4.10 Mayor Pro-Tem.
In the event of absence or disability of the Mayor, the Mayor Pro-Tem shall serve as Mayor. In the event of absence or disability of both the Mayor and Mayor Pro-Tem, the Council shall designate another of its members to serve as Acting Mayor during such absence or disability. The Mayor Pro-Tem and Acting Mayor, when serving as Mayor, shall have all the power, duties, responsibility and the authority of the Mayor.
Section 4.11 Appointments by Council.
The Council shall appoint the officers and all members of the boards and commissions as provided in this Charter. Except as otherwise provided herein, such persons shall serve at the pleasure of Council and may be removed at any time, with or without cause.
Section 4.12 Power to Make Contracts.
a. The Council may negotiate and enter into contracts and leases on behalf of the City, including contracts for purchase of real estate, and personal property and contracts for sale of City property, all in accordance with such procedures as may be prescribed by Council, subject, however, to the provisions of this Charter and the authority vested by this Charter in the City Manager.
b. All written contracts, to which the municipal government is a party, shall be approved as to form by the City Attorney and reviewed as to substance by the City Manager before final acceptance.
c. The Council, on behalf of the City, may make contracts or spend money for capital improvements to be financed in whole or in part by the issuance of bonds or otherwise as the Council may decide in accordance with the provisions of this Charter.
d. The Council, on behalf of the City, may enter long term contracts and leases, including contracts for service, for a period of time extending beyond the budget year in which such contract or lease is made, if otherwise not prohibited.
Section 4.13 Contracts and Projects with other Governmental Bodies, Associations, Organizations, Agencies and persons.
a. Subject to any provisions of this Charter or ordinances of the City Council, upon recommendation of the City Manager, may enter into contracts with other governmental bodies, including special districts or associations or agencies, organizations or persons to furnish or receive materials or governmental services within or without the corporate limits of the City and make charges or expenditures for such materials or services including City employee organizations, or enter into cooperative or joint activities with other governmental bodies, including special districts or associations, agencies, organizations or persons including joint use of buildings, equipment and facilities, within or without the corporate limits of the City, under such terms and conditions as the Council may deem necessary.
b. Subject to the provisions of this Charter and ordinances of the City, the Council may unite or cooperate with any other governmental body, agency, association, organization or person in acquiring, establishing or maintaining any property for the health, safety or welfare of the inhabitants of the City.
Section 4.14 Sale and Transfer of City Property and Appraisal.
a. Pursuant to such rules and regulations as may be prescribed by Council, any property owned by the City may be sold and transferred by the City; provided, however, any sale, conveyance or transfer of real estate, water rights, mineral and air rights, shall have prior approval of the Council by resolution passed by majority vote of the entire Council in office at the time the vote was taken.
b. After such approval, the Mayor shall execute on behalf of the City any required documents of sale or transfer including deeds, bills of sale, assignments or other appropriate documents, and the City Clerk shall attest the same under seal of the City.
Section 4.15 Eminent Domain.
a. In carrying out the powers and duties imposed upon the City by this Charter or by the general statutes applicable to Home Rule Cities, the City shall have power to acquire, establish and maintain within or without its corporate limits, lands, buildings, water, water rights and water storage rights, water and sewer properties, parks and recreation facilities and other properties and any interest in land and air rights over land and may take the same upon paying just compensation to the owner as provided by the Statutes of the State of Colorado.
b. The term “interest in land” as used in this Chapter means and includes any and all rights and interests in land less than the full fee interest including, but not limited to, future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this Section when recorded shall be deemed to run with the land to which it pertains for the benefit of the City, and may be protected and enforced by such City in any Court of general jurisdiction by any proceeding known at law or in equity.
Section 4.16 Providing for Public Health and Safety.
a. The Council shall see that provision is made for the public peace and health and for the safety of persons and property within the City.
b. While acting in such capacity the Council, its officers and all City employees shall possess all powers, privileges and immunities granted to health officials by statute.
Section 4.17 Continuity of Government Emergency.
The Council shall have the power to provide for continuity of the government of the City in the event of natural or enemy-caused disaster. Such power shall be employed in a manner which will preserve representative government in the City, and which will provide an orderly line of succession of officers notwithstanding the provisions of this Charter. If no such provisions for continuity of government have been made by Council and there being no members of Council surviving, the Chief of Police, shall assume the powers granted the Mayor or Council herein.
Section 4.18 Bequests, Gifts and Donations.
Council, on behalf of the City, may receive or refuse bequests, gifts, and donations of all kinds of property in fee simple or in trust for public or charitable 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.
Section 4.19 Conflict of Interest.
a. No member of the Council shall be interested directly or indirectly in any contract, including purchases or sales, with the City, except that such contract may be made by the City if the members of the Council in office at the time the vote is taken, having no such interests, shall unanimously determine that the best interests of the City shall be served by the making of such contract and if, either such contract is made after comparative prices are obtained or if the members of the Council having no interest shall unanimously determine that the obtaining of comparative prices is not feasible in such particular case.
b. For purposes of this Section, ownership by a member of the Council or his immediate family of securities or of any beneficial interest in securities of any corporations, shall not be deemed to create a prohibited interest under this Section, unless the aggregate amount of such securities or interest in such securities so owned by such Council member and the members of his immediate family, shall amount to ten percent (10 pct.) or more of any class of the securities of such corporation then outstanding. (Ord. 2022-1 § 3)
Section 4.20 Elective Officers Not to be Employed.
No elective officer under this Charter, shall be appointed to any City office with compensation or be employed by the City during that period of time while he is in office. Provided, however, this Section shall not be construed to prohibit reimbursement or payment of bona fide expenses incurred by an elective officer in performance of official duties or business on behalf of the City.
Section 4.21 Regular Meetings.
The Council shall provide, by ordinance, for the time, place and number of regular Council meetings each month, provided the Council may, by motion or resolution, change the time and place of any particular regular or special meeting.
Section 4.22 Special Meetings.
Special meetings of the Council shall be called by the Clerk on the written request of the Mayor, or by any three (3) members of the Council on at least twenty-four (24) hours written notice to each member of the Council, served personally or left at his usual place of residence or place of business, 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.
Section 4.23 Business at Special Meetings.
No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Council present consent thereto and all the members absent file their written consent.
Section 4.24 Meetings to be Public — Exception.
a. All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.
b. The Council may hold such study sessions and executive sessions as the Mayor or any three (3) Council members may call and may exclude from said meetings the public and citizens; provided, however, no formal or legally binding action by the Council for the City shall be taken at any such executive or study sessions. Notice of such sessions shall be given to the Council as provided in Section 4.22 for special meetings, however, no quorum shall be required at any study or executive session. (Ord. 2022-1 § 3)
Section 4.25 Quorum — Adjournment of Meeting.
A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date, and in the absence of all members, the Clerk may adjourn any meeting for not longer than one (1) week.
Section 4.26 Compulsory Attendance and Conduct at Meetings.
a. A majority of the members of the Council may, by vote, request the attendance of its members and other officers of the City at the next regular or special meeting of the Council. Any member of the Council or other officer who, when notified of such request for his attendance fails to attend such meeting for reasons other than confining illness or absence from the City, or because said Council member is attending a meeting as a representative of the City, shall be deemed guilty of misconduct in office unless excused by the Council.
b. The presiding officer shall enforce orderly conduct at meetings and any member of the Council or other officer who shall fail to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct in office. (Ord. 2022-1 § 3)
Section 4.27 Organization and Rules of the Council.
The Council shall determine its own organization, rules and order of business subject to the following provisions:
a. Minutes of the proceedings of each regular or special meeting shall be kept in the English language by the Clerk and shall be signed by the Presiding Officer and Clerk of the meeting at which the minutes are approved.
b. A roll call vote upon all ordinances shall be taken by “Yes” or “No” vote and entered upon the records, except that where the vote is unanimous it shall only be necessary to state that the vote was unanimous.
c. No member of the Council shall vote on any question in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct.