HomeMy WebLinkAbout08317ORDINANCE NO. 8317
AN ORDINANCE AMENDING CHAPTER 5, TITLE I OF
THE PUEBLO MUNICIPAL CODE PERTAINING TO THE
CITY MANAGER'S POWERS, TO PROVIDE THAT THE
CITY MANAGER SHALL HAVE THE POWER TO AGREE
TO MINOR AMENDMENTS TO CONTRACTS
PREVIOUSLY APPROVED BY CITY COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted; underscoring indicates new matter being added)
SECTION 1.
Section 1-5-2 of Chapter 5, Title I, Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 1-5-2. City Manager.
The City Manager shall be the Chief Executive of the City government,
shall enforce the laws of the City and require the faithful performance of all
administrative duties. His or her duties are enumerated below and in the
Charter:
(1) Duties.
a. Appoint, dismiss, etc. Appoint competent, qualified staff and
employees to the administrative service and have the power to dismiss, suspend
and discipline, in accordance with the Charter and civil service provisions of this
Code, all staff members and employees in the administrative service under his or
her control. He or she shall also have the power to authorize a department head
or staff member responsible to him or her to appoint and remove subordinates
serving under that department head or staff member.
b. Appoint to acting capacity. Designate himself or herself or some
other staff member or employee to perform the duties of any position in the
administrative service under his or her control. Such person shall be designated
a deputy or acting department head and shall serve with the same powers and
functions as the department head.
(2) Powers.
a. Prescribe rules. Have the power to prescribe such rules and
regulations as he or she shall deem necessary or expedient for the conduct of
administrative agencies subject to his or her authority and have the power to
revoke, suspend or amend any rule or regulation of the administrative service by
whomever prescribed.
b. Investigate. Have the power, either by himself or herself or by any
staff member or person designated for the purpose by him or her, to investigate
and to examine or inquire into the affairs or operation of any department, division,
bureau or office; and, when so authorized by the City Council, have power to
employ consultants and professional counsel to aid in such investigations,
examinations or inquiries.
c. Overrule administrative staff. Have the power to set aside any
action taken by a department head, and may supersede him or her in the
functions of his or her position.
d. Assign duties. Have the power to direct any department, division or
bureau to perform work for any other department, division or bureau, or to
perform any work assigned by ordinance to any other department, division or
bureau, and to assign to any department, division or bureau any duty imposed by
ordinance on the City Manager, provided that nothing contained herein shall be
construed to authorize the City Manager to assign the duties and functions of any
department established by Charter to another department.
e. Appoint administrative committees. Have the power to designate
from the administrative service such committees and the officers thereof as he or
she shall find necessary for the proper consideration of administrative problems.
Such committees shall meet at the request of the City Manager and shall make
such recommendation on matters referred to them as they shall find necessary
for the best interests of the City.
f. Agree to minor amendments to contracts previously approved
by City Council, provided that no single amendment, and all such
amendments to any single contract cumulatively, do not significantly
modify the City's obligations under the contract and do not increase the
City's financial obligations thereunder by more than ten percent (10%) of
the original contract price.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: February 14, 2011
BY: Leroy Garcia
COUNCILPERSON
PASSED AND APROVED: February 28, 2011
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM
February 14, 2011
# R-5
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE AMENDING CHAPTER 5, TITLE I OF THE PUEBLO MUNICIPAL
CODE PERTAINING TO THE CITY MANAGER'S POWERS, TO PROVIDE THAT THE
CITY MANAGER SHALL HAVE THE POWER TO AGREE TO MINOR AMENDMENTS
TO CONTRACTS PREVIOUSLY APPROVED BY CITY COUNCIL
ISSUE:
Should the City Council amend the ordinances describing the City Manager's powers to
provide that the City Manager shall have the power to enter into certain limited
amendments to contracts previously approved by City Council?
RECOMMENDATION:
Adopt the proposed Ordinance.
BACKGROUND:
After City Council approves a contract it is sometimes necessary to modify the contract
in various minor ways to deal with unforeseen circumstances. Under existing City
ordinances and procedures, the contract must be brought back to City Council to
approve any amendments to the contract. This process is slow and sometimes delays
progress under the contract.
The proposed Ordinance would permit the City Manager to agree to minor amendments
to contracts previously approved by City Council provided that no single amendment,
and all such amendments cumulatively, do not modify the City's obligations under the
contract or increase the City's financial obligations by more than ten percent (10%).
FINANCIAL IMPACT:
Unknown.