PART 1 ELECTIVE OFFICERS 1

SECTION:

1.2.101: Mayor And Council; Departments

1.2.102: Regular Council Meetings; Utility Board

1.2.103: Special Council Meetings

1.2.104: Council Meetings; Procedure

1.2.105: Indemnification

1.2.106: Prohibition Of Council Members From Contracting With The City

1.2.107: Stipend For Council Members

1.2.108: Ordinance Approval And Adoption; Disapproval Or Veto

 

Notes

1	1. Prior ordinance history: Ord. 730; Ord. 894; Ord. 2022; 1968 Code §§1-1, 1-8, 1-9; 1980 Code; Ord. 85-278; Ord. 86-75; Ord. 94-81; Ord. 95-66; Ord. 01-42.

1.2.101: MAYOR AND COUNCIL; DEPARTMENTS:

   A.   In addition to the obligations imposed by the City Charter 2 , the Mayor shall perform acts required by the provisions of the ordinances of the City.

   B.   In performance of its duties required by City Charter, the City Council shall provide its strategic plan and goals, and its Annual Report to the Citizens, to the Mayor no later than June 30 for the Mayor's consideration in the development of the Municipal administrative budget. (Ord. 11-18; Ord. 17-81; Ord. 19-22)

 

Notes

2	2. See City Charter subsection 3-70(f) and sections 4-10 and 4-40.

1.2.102: REGULAR COUNCIL MEETINGS 1 ; UTILITY BOARD:

   A.   The President of Council may call and convene regular City Council meetings in accord with the provisions of the City Charter and the rules and procedures of City Council.

   B.   The regular meetings of the City Council shall be held in accord with the City Charter and the rules and procedures of Council.

   C.   In accord with City Charter subsection 6-40(a), the City Council shall serve as the Board of Directors for Utilities ("Utilities Board"). (Ord. 11-18; Ord. 17-17)

 

Notes

1	3. See City Charter section 3-60. For provision stating meeting open to the public, see City Charter subsection 3-60(d).

1.2.103: SPECIAL COUNCIL MEETINGS:

The President of Council may call and convene special City Council meetings in accord with the provisions of the City Charter and the rules and procedures of City Council. (Ord. 11-18)

1.2.104: COUNCIL MEETINGS; PROCEDURE 1 :

   A.   The Council shall keep a record of its official proceedings which shall be open at all times for inspection. It shall make and enforce legislative rules of proceedings and shall, when necessary, compel attendance of absent members.

   B.   When City Council provides direction to the City Attorney to negotiate settlement of a matter, claim, or litigation in excess of one hundred thousand dollars ($100,000.00), City Council shall vote to approve its direction to negotiate a settlement during a regular or special meeting of City Council, but without publicly identifying the amount of the settlement authority. The matter, claim, or litigation may be identified by subject matter in the discretion of the City Attorney.

   C.   When the City Attorney has negotiated settlement of a matter, claim or litigation in excess of one hundred thousand dollars ($100,000.00) that is contingent only on City Council approval, City Council shall vote to approve settlement of the matter, claim, or litigation during a regular or special meeting of City Council. A matter or claim may be identified by subject matter in the discretion of the City Attorney. Litigation will be identified by case number, caption, or subject matter.

   D.   This section shall not restrict any authority to hold a closed executive session pursuant to the City's Open Meetings Law as adopted by City Charter section 3-60(d). (Ord. 11-18; Ord. 19-4)

 

Notes

1	1. See City Charter section 3-50.

1.2.105: INDEMNIFICATION:

All elective officers of the City of Colorado Springs are hereby indemnified and held harmless for conduct within the scope of their elective offices and as ex officio the board of directors of any general improvement district formed pursuant to Colorado Revised Statutes section 31-25-601 et seq., Improvement Districts in Municipalities (1949 Act). Elective officers of the City shall have all immunities as provided by the Colorado Governmental Immunity Act 1 , as well as any other immunities established by law. (Ord. 11-18)

 

Notes

1	2. CRS §24-10-101 et seq.

1.2.106: PROHIBITION OF COUNCIL MEMBERS FROM CONTRACTING WITH THE CITY:

No Council Member shall contract directly or indirectly for work or services with the City or any of its enterprises. (Ord. 11-18)

1.2.107: STIPEND FOR COUNCIL MEMBERS:

Pursuant to City Charter subsection 13-20(b), Council Members shall receive an annual stipend and mandatory benefits as required by State or Federal law, payable in accord with City payroll procedures. (Ord. 11-18)

1.2.108: ORDINANCE APPROVAL AND ADOPTION; DISAPPROVAL OR VETO:

   A.   Ordinances: In accord with Charter section 3-70, the Council may act at legislative sessions by ordinance, resolution or motion. The Mayor, as the elected executive and administrative head of the government, has the power to veto certain Council ordinances. It is the intent of this chapter to set forth procedures for the exercise of the Mayor's veto power to implement Charter subsection 3-70(e) and ensure the publication of finally passed and adopted ordinances in accord with Charter section 3-80.

   B.   Mayoral Veto Power; Limitations:

      1.   The Mayor shall have the power to review and approve or disapprove by veto ordinances finally passed on second reading by the City Council subject to the provisions of Charter section 3-70 and this section.

      2.   The Mayor shall have the power to disapprove specific line items without disapproving in its entirety any ordinance appropriating funds. In an ordinance appropriating funds, line items shall be identified, shall include a description of the program or purpose of the appropriation, and shall include the dollar amount therefor.

      3.   The Mayor shall not have the power or authority to disapprove by veto the following types of ordinances:

         a.   Ordinances pertaining to quasi-judicial decisions or acts.

         b.   An ordinance approving bonds to be issued by the City on behalf of Colorado Springs Utilities, MHS Enterprise or any Municipal enterprise.

         c.   An ordinance pertaining to any act permitted by article VI (Utilities) of the Charter.

         d.   An ordinance submitting a Charter amendment, referring an initiated ordinance or Charter amendment, or referring a Charter convention question to the qualified electors.

   C.   Procedure:

      1.   Council Action: An ordinance finally passed on second reading by the City Council shall be signed by the President of the Council within forty eight (48) hours of the Council's action. If the finally passed ordinance is not subject to the Mayor's veto, it shall be returned to the City Clerk within forty eight (48) hours of the Council's action for signature and attestation in accord with Charter subsection 3-70(f), and publication in accord with Charter section 3-80. If the finally passed ordinance is subject to the Mayor's veto, it must be presented to the Mayor within forty eight (48) hours of the Council's action.

      2.   Mayor's Action: Once an ordinance subject to the Mayor's veto power is presented to the Mayor, the Mayor shall then have five (5) days to review the ordinance and take action.

         a.   If the Mayor approves the ordinance, the Mayor shall sign the ordinance "finally adopted" within the five (5) days and return it to the City Clerk for attestation and publication. The City Clerk shall notify City Council of the Mayor's action and the date the ordinance was finally adopted.

         b.   If the Mayor disapproves the ordinance, the Mayor shall return the ordinance to the Council within the five (5) days with the Mayor's written objections to the ordinance, in accord with the rules and procedures of City Council. Written objections may be transmitted by fax, e-mail or other electronic means.

         c.   If the Mayor does not approve or disapprove the ordinance, or return it to the Council with written objections, within five (5) days after receiving it from the Council, the ordinance shall become finally adopted as if the Mayor had approved it. The ordinance shall be forwarded to the City Clerk for signature, attestation and publication.

      3.   City Council Override:

         a.   If an ordinance vetoed by the Mayor is returned to the Council with the Mayor's written objections, the Council shall have the power to override the Mayor's veto by the affirmative vote of six (6) members of the Council at the next regular Council meeting. The Council may prescribe further procedures, to include notice requirements and time deadlines, for exercising its override power and authority in its legislative rules of procedure 1 .

         b.   If Council successfully overrides the Mayor's veto, the ordinance shall be finally adopted notwithstanding the objections of the Mayor, and shall be forwarded to the City Clerk for signature, attestation and publication.

         c.   If the Council does not successfully override the Mayor's veto, it shall be deemed finally disapproved and have no effect.

      4.   Publication: Any finally adopted ordinance shall be published and effective as provided in Charter section 3-80.

      5.   Vetoed Or Disapproved Ordinance Reconsidered As New Ordinance: Any vetoed or finally disapproved ordinance may be subsequently re-presented to the City Council for consideration as a new ordinance pursuant to Charter section 3-70.

      6.   Form Of Ordinances: The form of all ordinances shall include the enacting clause required by Charter subsection 3-70(d), and shall include blocks for the date and signature of the Mayor, the City Clerk's attestation and the date of final adoption.

      7.   Vetoed Ordinance Documentation; Council Consideration To Override: If an ordinance is vetoed, the date of the veto and the Mayor's written objections shall be attached to the ordinance and the ordinance placed on the next available City Council formal agenda so that the Council may consider whether to override the veto.

      8.   Records: The City Clerk shall keep a record of all ordinances passed by the Council, ordinances approved by the Mayor, the exercise of the Mayor's veto power and authority, as well as any further action by the Council to override the Mayor's veto. (Ord. 11-18; Ord. 15-62; Ord. 17-81)

 

Notes

1	1. See City Charter section 3-50.