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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.