City of Durango | City Code

Chapter 2 ADMINISTRATION*

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*Cross reference(s)--Alcoholic beverages, Ch. 3; animals, Ch. 4; boards, commissions and committees, Ch. 5; cemeteries, Ch. 7; licenses and business regulations, Ch. 13; taxation, Ch. 23; utilities, Ch. 25; vegetation, Ch. 26; zoning, Ch. 27.

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Art. I. In General, §§ 2-1--2-15

Art. II. City Council, §§ 2-16--2-35

Art. III. Departments, §§ 2-36--2-65

Div. 1. Generally, §§ 2-36--2-50

Div. 2. Department of Community Development, §§ 2-51--2-65

Art. IV. Officers and Employees, §§ 2-66--2-125

Div. 1. Generally, §§ 2-66--2-75

Div. 2. City Clerk, §§ 2-76--2-90

Div. 3. City Attorney, §§ 2-91--2-110

Div. 4. City Engineer, §§ 2-111--2-125

Art. V. Finance, §§ 2-126--2-170

Div. 1. Generally, §§ 2-126--2-140

Div. 2. Finance Department, §§ 2-141--2-155

Div. 3. Capital Equipment Reserve Fund, §§ 2-156--2-170

Art. VI. Elections, §§ 2-171--2-190

ARTICLE I. IN GENERAL

Sec. 2-1. Corporate seal; design.

The corporate seal of the city shall be circular in form with inner and outer circles. The outer circle shall be of rope design and one and five-eighths (1 5/8) inches in diameter. The inner circle shall be of dot design and one and one-eighths (1 1/8) inches in diameter. It shall bear upon the space between the inner and outer circles the words "City of Durango" in Gothic-style type. Across the center of the space within the inner circle shall be the word "Seal" in Roman-style type. A facsimile of the above-described seal follows:

INSET: Durango Corporate Seal

(Code 1962, § 1-4-1)

Sec. 2-2. Centennial logo--Adoption.

The city does hereby adopt as the official centennial logo for the city, the following design which consists of two (2) locomotive engines facing opposite directions with the numerals 1980 on the lower left-hand side of the logo and the numerals 1880 at the upper right-hand side of the logo. A facsimile of the adopted logo follows:

INSET: Durango Centennial Logo 1880--1980

(Code 1962, § 1-22-1)

Sec. 2-3. Same--Unauthorized use, reproduction or exhibit.

It shall be unlawful for any person to use, exhibit or reproduce the official centennial logo of the city without having first obtained express written permission for such use, reproduction or exhibition from the city council or the Durango Centennial Commission.

(Code 1962, § 1-22-2)

Sec. 2-4. City limits.

The city engineer shall annually revise and prepare an updated map of the corporate limits of the city and shall certify such map to the city council. Upon such certification, a true and correct copy of the city map, reflecting the corporate boundaries of the city, shall be kept in the offices of the city clerk.

(Code 1962, § 1-7-1)

Secs. 2-5--2-15. Reserved.

ARTICLE II. CITY COUNCIL*

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*Charter reference(s)--City council, art. II.

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Sec. 2-16. Time and place of meetings.

The city council shall hold its regular meetings on the first and third Tuesdays of each and every month at 6:30 p.m. at the city hall unless another time and day shall be adopted for a particular reason by a majority vote of the council.

(Code 1962, § 1-8-1; Ord. No. O-2006-1, § 1, 2-7-06)

Charter reference(s)--Procedure for meetings, art. II, § 7.

Cross reference(s)--Appeals from the decision of the director of fire services, § 8-53.

Sec. 2-17. Special meetings.

(a) Special meetings of the city council may be called at any time by the mayor by notification to the clerk or by signed request of any three (3) members of the council filed with the clerk.

(b) Notice in writing of such meeting shall be served upon the other members of the council at least twelve (12) hours, whenever practicable, prior to the time of the meeting, by personal service or by leaving a copy of such notice at the usual place of abode of such members.

(c) In addition to the establishment of special meetings pursuant to the procedures set forth above, the executive committee of the council shall have the authority to establish public hearing dates before the city council concerning any matters on the agenda of the city council which are either required to have a public hearing or which in the opinion of the council should be the subject matter of a public hearing.

(Code 1962, § 1-8-2)

Charter reference(s)--Special meetings, art. II, § 7(a).

Sec. 2-18. Attendance.

It shall be the duty of the members of the city council to attend all regular adjourned and special meetings. If any member of the council shall without being excused by the council absent himself for four (4) or more consecutive regular or regular adjourned meetings, the council shall declare the office of such delinquent council member vacant and may appoint a person qualified as provided by the Charter to serve as council member.

(Code 1962, § 1-8-3)

Charter reference(s)--Vacancies, art. II, § 5.

Sec. 2-19. Rules of procedure.

The proceedings of the city council shall be governed by Robert's Rules of Order, Newly Revised, except as otherwise provided by the Charter, the provisions of this Code and rules of procedure heretofore or hereafter adopted and used by the council.

(Code 1962, § 1-8-4)

Charter reference(s)--Procedure for meetings, art. II, § 7.

Sec. 2-20. Compensation of members.

(a) Each city council member shall receive a salary of five hundred dollars ($500.00) per month.

(b) The mayor shall receive as additional salary the sum of two hundred fifty dollars ($250.00) per month during his term as mayor of the city.

(Code 1962, § 1-8-5; Ord. No. O-2005-8, § 1, 4-5-05)
Charter References: Compensation, art. II, § 4.

Charter reference(s)--Compensation, art. II, § 4.

Sec. 2-21. Executive committee.

There is hereby created an executive committee of the city council which shall consist of the mayor, the mayor pro tem and the city manager. The executive committee shall have authority to establish public hearing dates as authorized in section 2-17.

(Code 1962, § 1-8-6)

Secs. 2-22--2-35. Reserved.

ARTICLE III. DEPARTMENTS*

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*Charter reference(s)--Creation of departments, art. IV, § 1.

Cross reference(s)--Finance department, § 2-141; fire department, § 8-31; parks and recreation department, § 18-16; police, § 19-31.

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DIVISION 1. GENERALLY

Secs. 2-36--2-50. Reserved.

DIVISION 2. DEPARTMENT OF COMMUNITY DEVELOPMENT

Sec. 2-51. Created.

There is hereby created a department of community development for the city. The department of community development shall be responsible for implementation of planning, planning review and zoning functions as well as building inspection and assurance of compliance with all applicable codes and ordinances.

(Code 1962, § 3-7-1)

Cross reference(s)--Buildings and building regulations, Ch. 6; flood protection and prevention, Ch. 9; signs and advertising, Ch. 20; subdivisions, Ch. 22; zoning, Ch. 27.

Sec. 2-52. Appointment of director.

The city manager shall appoint a director to carry out the responsibilities and direct the activities of the department of community development. The director may, within the framework of the annual budget approved by the city council and with the authorization of the city manager, hire such employees as are necessary to perform the prescribed functions of the department and such other duties as may be assigned by the city manager.

(Code 1962, § 3-6-2)

Secs. 2-53--2-65. Reserved.

ARTICLE IV. OFFICERS AND EMPLOYEES*

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*Charter reference(s)--City manager, art. II; administrative and personnel, art. IV.

Cross reference(s)--Director of fire services, § 8-16; municipal judge, § 15-31; chief of police, § 19-16.

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DIVISION 1. GENERALLY

Secs. 2-66--2-75. Reserved.

DIVISION 2. CITY CLERK*

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*Charter reference(s)--City clerk, art. IV, § 6.

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Sec. 2-76. Appointment.

The city manager shall appoint a city clerk who shall hold office for the duration of the appointment unless sooner removed from office.

(Code 1962, § 1-9-1)

Sec. 2-77. Duties.

The city clerk shall perform such duties as are required by law or as may be prescribed by the charter, the city council and the city manager.

(Code 1962, § 1-9-2)

Sec. 2-78. Staff.

The office of the city clerk shall have such employees as the city council may deem necessary. Subject to the direction and control of the city manager, the city clerk shall supervise, control, employ and discharge such employees.

(Code 1962, § 1-9-3)

Secs. 2-79--2-90. Reserved.

DIVISION 3. CITY ATTORNEY*

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*Charter reference(s)--Legal officer, art. IV, § 3.

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Sec. 2-91. Appointment.

The city attorney shall be appointed by the city council. He shall hold office for the duration of the appointment unless sooner removed by the city council.

(Code 1962, § 1-10-1)

Charter reference(s)--Appointment of legal officer, art. IV, § 3.

Sec. 2-92. Suits and actions.

The city attorney shall prosecute or defend any and all suits or actions at law or equity to which the city may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the city on behalf of the city, or in the capacity of such person as an officer of the city.

(Code 1962, § 1-10-2)

Sec. 2-93. Judgments.

It shall be the duty of the city attorney to see to the full enforcement of all judgments or decrees rendered or entered in favor of the city, and of all similar interlocutory orders.

(Code 1962, § 1-10-3)

Sec. 2-94. Advice.

The city attorney shall be the legal advisor of the city, and shall render advice on all legal questions affecting the city, whenever requested to do so by any city official. Upon request by the mayor or by the city council, he shall reduce any such opinion to writing.

(Code 1962, § 1-10-4)

Sec. 2-95. Special assessment proceedings.

It shall be the duty of the city attorney to see to the completion of all special assessment proceedings and condemnation proceedings.

(Code 1962, § 1-10-5)

Cross reference(s)--Local public improvements, Ch. 14; streets, sidewalks and other public places, Ch. 21.

Sec. 2-96. Ordinances and documents.

It shall be the duty of the city attorney to draft or supervise the phraseology of any contract, lease or other documents or instruments, to which the city may be a party; and upon request of the city council to draft ordinances covering any subjects within the power of the city.

(Code 1962, § 1-10-6)

Cross reference(s)--Finance, art. V.

Sec. 2-97. Code enforcement officers.

The city manager is authorized to create the position and appoint city employees as code enforcement officers for purposes of enforcing the ordinances contained within this Code. Code enforcement officers, subsequent to their appointment, shall enforce those ordinances specified by the city manager. Enforcement action is limited to the issuance of warnings, written directions, citations or summons to municipal court. The specific duties of code enforcement officers may include, but are not limited to, parking enforcement, animal control violations, traffic code violations, building code violations, zoning code violations, or other violations of the Code of Ordinances of the City of Durango.

Appointment by the city manager as a code enforcement officer shall remain in full force and effect until such time as the appointment is revoked by the city manager, in writing.

(Ord. No. 1993-3, § 1, 3-16-93)

Secs. 2-98--2-110. Reserved.

DIVISION 4. CITY ENGINEER*

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*Cross reference(s)--Flood protection and prevention, Ch. 9; local public improvements, Ch. 14; streets, sidewalks and other public places, Ch. 21; subdivisions, Ch. 22.

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Sec. 2-111. Appointment.

The city manager shall appoint a city engineer who shall hold office for the duration of the appointment unless sooner removed from office.

(Code 1962, § 1-13-1)

Sec. 2-112. Duties.

The city engineer shall perform such duties as are required by law or as may be prescribed by the city manager.

(Code 1962, § 1-13-2)

Secs. 2-113--2-125. Reserved.

ARTICLE V. FINANCE*

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*Charter reference(s)--Financial procedures, Art. V.

Cross reference(s)--City attorney to approve all contracts, § 2-96; alcoholic beverage licenses, Ch. 3; licenses and business regulations, Ch. 13; signs, permits and fees, § 20-56 et seq.; taxation, Ch. 23; utility rates and charges, Ch. 25, Art. III, div. 4.

State law reference(s)--Finance, C.R.S. § 31-20-201 et seq.

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DIVISION 1. GENERALLY

Sec. 2-126. Fiscal year.

The fiscal year for the city shall be January 1 through December 31.

Charter reference(s)--Fiscal year to be adopted, Art. V, § 1.

Cross reference(s)--Utility refund program, § 25-131 et seq.

Sec. 2-127. Depositories designated.

Pursuant to the provisions of the Charter, article V, section 16, the city council shall designate depositories for city funds and provide for security for such deposits. The city council by separate resolution shall designate the banks and savings and loans associations which shall be the designated depositories for city funds.

(Code 1962, § 1-6-1)

Charter reference(s)--Depositories, Art. V, § 16.

Secs. 2-128--2-140. Reserved.

DIVISION 2. FINANCE DEPARTMENT*

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*Cross reference(s)--Departments, Ch. 2, Art. III; licenses for junk shops, pawnbrokers and secondhand goods stores to be issued by finance director, § 12-122.

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Sec. 2-141. Created.

There is hereby created a finance department, under the general supervision of the city manager, which shall operate the city's financial management system.

(Code 1962, § 3-5-1)

Sec. 2-142. Appointment of director.

The city manager shall appoint a director of finance to carry out the responsibilities and direct the activities of the finance department. The director may, within the frame work of the annual budget approved by the city council and with the authorization of the city manager, hire such employees as are necessary to perform the prescribed functions for the department.

(Code 1962, § 3-5-2)

Sec. 2-143. Responsibilities and duties.

The finance department is charged with the responsibility for developing and implementing an efficient and effective financial management system in accordance with recognized principals of governmental accounting, and consistent with the requirements of the Charter and this Code. The finance director or, with prior approval of the city manager, the finance director's designee shall perform the duties of the city treasurer. In addition, the director of finance is responsible for other duties that may be assigned by the city manager.

(Code 1962, § 3-5-3)

Secs. 2-144--2-155. Reserved.

DIVISION 3. CAPITAL EQUIPMENT RESERVE FUND

Sec. 2-156. Created.

There is hereby created and the city manager is hereby authorized and directed to establish a capital equipment reserve fund account for purposes of funding annual maintenance and replacement costs for vehicles and equipment. The city manager is authorized to establish and adopt, and to revise and amend from time to time, a schedule of charges to be made to each department within the city, representing an allocation of charges covering the cost of maintenance and depreciation of equipment and vehicles utilized by the city.

(Code 1962, § 1-23-1)

Sec. 2-157. Authorization to charge for depreciation.

The finance director/treasurer shall, in the normal accounting procedures in the city and in conjunction with the management of its funds, charge each department of the city for the operation of each of its vehicles and equipment in accordance with the schedule of charges authorized under section 2-156, as the same may be amended and revised from time to time. Such charges shall be made on a regular basis against each piece of equipment or vehicle owned by the city.

(Code 1962, § 1-23-2)

Sec. 2-158. Segregated as separate fund.

The finance director/treasurer is hereby authorized and directed to set aside and place in a separate account to be designated as the capital equipment reserve fund, all such operating and maintenance charges and all such amounts charged as depreciation against vehicles and equipment owned by the city, and to use such fund and the monies contained therein solely for the operation and maintenance of city-owned vehicles and equipment and for the purchase of replacement vehicles and equipment as and when such purchases shall be required from time to time. All monies received as a result of the sale of used vehicles or equipment owned by the city shall also be set aside and placed in the capital equipment reserve fund to be used and expended in accordance with this section. Any and all funds received as interest on investments from the capital equipment reserve fund shall be added to the fund and become a part thereof.

(Code 1962, § 1-23-3)

Secs. 2-159--2-170. Reserved.

ARTICLE VI. ELECTIONS*

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*Charter reference(s)--Elections, art. VI.

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Sec. 2-171. Write-in candidates; affidavits required.

No write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the city clerk by the person whose name is written in on the election ballot prior to twenty (20) days before the day of the election, indicating that such person desires the office and is qualified to assume the duties of that office if elected.

(Ord. No. 1985-18, § 1, 10-15-85; Ord. No. 2001-2, § 1, 3-6-2001)

Sec. 2-172. Cancellation of municipal election authorized.

If the only matter 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 affidavits of intent, the city clerk shall cancel the election and by certification declare the candidates elected. Upon such certification and its acceptance by the city council, the candidates shall be deemed elected. Notice of such cancellation shall be published, if possible, in order to inform the electors of the municipality, and notice of such cancellation shall be posted at each polling place and in not less than one other public place.

(Ord. No. 2001-2, § 2, 3-6-2001)

Secs. 2-173--2-190. Reserved.

DIVISION 2. UNIFORM ELECTION CODE OF 1992*
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* Editors Note: Ord. No. O-2002-37, §§ 1-5, adopted Jan. 2, 2003 did not specify manner of codification, hence these provisions were included as Div. 2, §§ 2-191--2-195 at the discretion of the editor.
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Sec. 2-191. Authorization.

The council does hereby authorize the utilization of the terms and provisions of the Uniform Election Code of 1992 for the April, 2003 general municipal election in the city, as well as future general municipal elections within the city.
(Ord. No. O-2002-37, § 1, 1-2-03)

Sec. 2-192. General municipal election--Mail ballot.

The April, 2003 general municipal election shall be conducted by mail ballot, pursuant to the authorization of C.R.S., § 1-7.5-104.
(Ord. No. O-2002-37, § 2, 1-2-03)

Sec. 2-193. Same--Authorized by resolution.

Future general municipal elections may be conducted by mail ballot if so authorized by resolution of the Durango City Council.
(Ord. No. O-2002-37, § 3, 1-2-03)

Sec. 2-194. Timeframes of nomination petitions.

The timeframes for the circulation and filing of nomination petitions should be and is hereby modified to provide that such petitions shall be signed and circulated no earlier than the fifty-fifth day preceding the election, and such petitions shall be filed with the municipal clerk no later than the thirty-fifth day preceding to the election.
(Ord. No. O-2002-37, § 4, 1-2-03)

Sec. 2-195. Timeframes for write-in candidacy.

The timeframe for the filing of affidavits for write-in candidacy should be and the same is hereby modified to provide that such affidavits shall be filed with the municipal clerk no later than the twenty-eighth day preceding the election.
(Ord. No. O-2002-37, § 5, 1-2-03)