CHAPTER IV COUNCIL AND MAYOR

Section 4.1 City Council and Mayor.

Section 4.2 Wards.

Section 4.3 Terms of Office--Mayor and Councilmembers.

Section 4.4 Mayor--Powers and Duties.

Section 4.5 Mayor Pro-Tem.

Section 4.6 Qualifications.

Section 4.7 Vacancies.

Section 4.8 Compensation.

Section 4.9 Powers of Council.

Section 4.10 Oath of Office and Bond.

Section 4.1 City Council and Mayor.

(a) The City Council shall consist of ten (10) Councilmembers, one (1) of whom shall serve as Mayor Pro-Tem. Two (2) of the Councilmembers shall be elected from each of the five (5) wards; the Mayor Pro-Tem shall be elected from within and by the Council, as hereinafter provided. Hereinafter, the words “entire Council” means those Councilmembers in office at the time a vote is taken.
(b) The Mayor shall be elected at large from the entire City.

Section 4.2 Wards.

(a) The City is hereby divided into five (5) wards whose boundaries shall be the same as presently established. Changes in the boundaries of wards may be made by ordinance adopted by the City Council, which changes shall be made at least 180 days prior to any regular municipal election. Wards shall be contiguous and compact, and shall have approximately the same number of voters.
(b) No change in the boundary of any ward shall operate to exclude any councilmember from office before the expiration of the term for which the incumbent was elected or appointed.

Section 4.3 Terms of Office--Mayor and Councilmembers.

(a) The terms of office of the councilmembers, 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 after the 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 after the first Monday in November, in the year 1977, the first regular municipal election shall be held under the provisions of this Charter amendment, at which time a Mayor shall be elected from the City at large for a two (2) year term and shall be elected every two years thereafter; and two (2) councilmembers shall be elected from each of the five (5) wards of the City as follows: the candidate receiving the highest number of votes within each ward shall be elected for a four (4) year term and the candidate receiving the next highest number of votes within said ward shall be elected for two (2) year term. Thereafter, each councilmember shall be elected for a four year term. (Amendment passed 11/2/76).

Section 4.4 Mayor--Powers and Duties.

The Mayor shall preside at meetings of Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the City. He shall have no power to vote except in cases of tie vote of the members of the Council present and voting. The Mayor shall have the power of veto, as provided in the Charter. The Mayor shall be recognized as the head of the City government for all ceremonial, dignitary and legal purposes, and he shall execute and authenticate legal instruments requiring his signing as such official.

Section 4.5 Mayor Pro-Tem.

The Council shall, at its first meeting following each regular municipal election, and after the newly elected members take office, elect one of its members to serve as Mayor Pro-Tem, for a term expiring at the first Council meeting following each regular election except as hereinafter provided. The Mayor Pro-Tem shall be elected by a majority of the councilmembers present at said meeting and may be removed by a majority of the entire Council.
The Mayor Pro-Tem shall preside at meetings of Council in the absence or disability of the Mayor. He shall have all the powers, rights and privileges of a councilmember. He shall have no tie-breaking vote nor power of veto, but shall have all other powers and duties of the Mayor in his absence or disability.

Section 4.6 Qualifications.

(a) No person shall be eligible to hold office as an elected official, unless, at the time of his nomination and election he be a registered elector as defined by the laws of the State of Colorado, a resident and registered elector of the City as defined by ordinance and a resident of his ward if elected by ward.
(b) Each elected official shall maintain his residency in the City and ward, if elected by ward, throughout his term of office. If an elected official shall move from the City or ward, if elected by ward, during his term of office his seat thereof shall be vacant and such vacancy filled by the City Council as provided by this Charter.
(c) No elected official shall be a salaried employee of the City during his term of office, nor perform personal services for the City for which he is compensated other than as provided in this Charter.
(d) The City Council shall be the judge of election and qualifications of its own members.

Section 4.7 Vacancies.

(a) An elected official shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve, or ceases to be a resident of the city or ward, if elected by ward, or is convicted of a felony.
(b) Within thirty days after a vacancy occurs, the remaining councilmembers shall choose by majority vote a duly qualified person to fill such vacancy. He shall serve the unexpired term until his successor is duly qualified. If four or more vacancies exist simultaneously, the remaining councilmembers shall, at the next regular meeting of the Council, call a special election to fill such vacancies, provided there will not be a general municipal election within ninety days and provided that their successors have not previously been elected.
(c) If a vacancy occurs in the office of Mayor, the Council shall call a special election within 60 days to elect a new mayor, unless said vacancy occurs within 180 days of the general municipal election.

Section 4.8 Compensation.

The members of the Council shall receive such compensation, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his term of office shall not be increased or decreased. The Mayor and Council may, upon order of the Council, be paid their actual and necessary expenses incurred in the performance of their duties of office.

Section 4.9 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 4.10 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.