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Help & SupportChapter 2-2: General Administration2
The purpose of this chapter is to prescribe general requirements for the administration of the city government. The city council intends that the city manager may have appropriate discretion in determining the structure of the city government, consistent with the requirements of the charter.
(a) Whenever the term "city manager" is used in this code or any ordinance of the city, it means the manager or the manager's authorized representative.
(b) The city manager shall cause the ordinances of the city to be published as required by law, superintend their printing, and examine the proof sheets and compare them with the original rolls.
(c) The city manager shall receive and file all papers to be filed among the city records.
(d) The city manager shall keep a correct and detailed account of all bonds issued and promissory notes given by the city, specifying under what order or ordinance they were issued or given, when they were issued or given, the outstanding principal amount, to whom they were issued or given, for what purpose they were issued or given, when they are payable, where they are paid, and the amount and percentage of interest paid upon such bonds and promissory notes.
(e) The city manager shall make out and deliver to each person elected or appointed to any office in the city a certificate of such election or appointment.
(f) The city manager shall furnish to the city attorney any record or documents in the manager's office that the attorney may request to be used in any court and take receipts therefor. The manager shall also furnish any necessary, duly certified transcripts of the city.
(g) The city manager shall keep an account with each fund to which appropriations are made by the city council in such manner as to show at all times the state of each fund. The manager shall debit each fund with the amount of each appropriation as well as all money from time to time received from payments, transfers, or otherwise, and shall credit each fund with all warrants drawn on it for its use.
(h) The city manager shall collect all monies due to the city.
(i) The city manager may exempt management staff positions that report directly to the city manager or directly to the city council from participation in the Public Employees' Retirement Association3. The manager shall require each person employed in a staff position which has been designated as exempt who desires to withdraw from the Public Employees' Retirement Association to execute a trust agreement with a retirement trust approved by city council contemporaneously with such employee's withdrawal from the Public Employees' Retirement Association.
(Ordinance No. 4888 (1985))
2-2-3 Government Organization.
(a) The city government consists of the following departments with the following duties, in addition to any other duties delegated thereto by the city manager:
(1) A department of finance and record, responsible to maintain the accounts of the city, collect revenues, make disbursements, maintain city records, make purchases for the city, and keep minutes of all council proceedings;
(2) A department of community planning and development, responsible to prepare and recommend to the city council a plan for land development of the city, implement the plan through review and approval of land development in the city, and coordinate with other governmental agencies on land development and planning matters;4
(3) A department of public works and utilities, responsible to construct, maintain, and manage all public rights-of-way and city utilities, administer building codes, and supervise traffic engineering;
(4) A department of parks and recreation, responsible to supervise and maintain city park properties and recreational facilities, programs, and functions;5
(5) A department of housing and human services, responsible to research and evaluate social problems and conditions in the community, develop and implement programs to respond to such social problems and conditions, and coordinate city, state, federal and private agency efforts to improve such social conditions and solve such problems;6
(6) A department of open space and mountain parks, responsible to purchase, manage and maintain city real estate and open space and mountain parks;7
(7) A police department, responsible to provide for the public safety and enforce the laws of the city;8
(8) A fire department, responsible for providing fire protection, fire inspection and investigation, and emergency medical service for the city and establishing fire prevention and natural disaster preparedness programs;9 and
(9) A department of the library, responsible to supervise the city library and any branches thereof.10
(b) The city manager may create additional divisions and offices as the manager deems advisable.
(Ordinance Nos. 5099 (1988); 7097 (2000))
2-2-4 Selection of City Depository.
(a) As often as necessary, the city manager shall select one or more banks or banking institutions as a depository for city funds.
(b) The city manager shall determine that each bank or institution selected under subsection (a) of this section is and continues to be an eligible public depository and has and maintains collateral for public funds as required by state law.11
(Ordinance Nos. 5099 (1988); 5531 (1992))
2-2-5 Officers to Deliver Books and Papers to Successors.
No officer or employee of the city shall, upon leaving office, fail to deliver to the person's successor all books, papers, furniture, and other things pertaining to the office.
(a) The common seal of the city shall be of a circular shape in the center of which is a representation of the Boulder mountain backdrop engraved thereon and with the words "City of Boulder, Colorado" surrounding the image, and around the margin of such seal engraved upon the face thereof in Roman capitals.
(b) The city manager is the official custodian of the city seal.
(c) The city manager shall affix the city seal, or stamp a rubber stamp producing a facsimile thereof, upon all transcripts, orders or certificates that it may be necessary or proper to authenticate under the provision of a state statute or city ordinance. The manager shall also affix or stamp the seal to every contract or other instrument requiring the seal of the city under any state law or city ordinance.
(a) Pursuant to sections 12 and 105 of the charter, at the first regular meeting in August 1982 and every year thereafter, or more often if necessary, the city council shall, by resolution, appoint an auditor, who is a certified public accountant licensed to practice in the State of Colorado and is well informed regarding governmental accounting and auditing.
(b) The auditor appointed under this section shall sign an affidavit that the auditor has no substantial personal interest in the financial affairs of the city or any of its officers or employees.
(c) Immediately following December 31 of each year, and at such other times as required by provisions of the charter or by the city council, the auditor shall make a thorough and complete examination and audit of all the financial accounts of all employees, officers, departments, boards, and commissions of the city. The auditor shall make complete reports in writing covering such examination and audit as soon as reasonably possible, but in any event no later than six months following the close of the immediately preceding fiscal year. The auditor shall furnish copies of such report to the city council, the city manager, and the city attorney.
(d) The auditor shall make such recommendations as deemed advisable as to the manner of the system of accounting with the city and shall report any irregularity, error, or oversight in the keeping of the accounts or compliance with ordinance or charter provisions.
2-2-8 Conveyance of City Real Property Interests.12
(a) The city manager may convey, grant, or lease any interest in any city real property for a term of three years or more only if the manager first obtains city council approval in the form of a motion, after which the manager may sign the deed or other instrument making the conveyance, grant, or lease.
(b) Any deed or other instrument executed by the city manager, acknowledged by the director of finance and record, and purporting to have been made under the terms of this section is prima facie evidence of compliance with all of the requirements of this section.
(Ordinance Nos. 4839 (1984); 5919 (1997); 7291 (2003))
2-2-9 Returned Check Charge.13
The city manager shall assess a $25.00 penalty against any person who issues a check returned for insufficient funds or lack of an account to the city in payment of taxes, licenses, or any other fees collectable by the city. The manager shall assess the penalty prescribed by this section in addition to any other penalties or interest prescribed by any provision of this code or an ordinance of the city. For purposes of this section, the term "insufficient funds" means not having a sufficient balance in account with a bank or other drawee for the payment of a check when the check is presented by the city for payment within thirty days after its issue. The manager may waive the penalty upon a finding of good cause.
(Ordinance Nos. 4946 (1985); 5012 (1986); 5940 (1997))
2-2-10 Delinquent Fees and Set-Offs of Refunds Due.
(a) In addition to taking any other collection remedies, whenever payment is required to be made to the city under this code, the charter, or any ordinance or resolution of the city, for the performance of any function, provision of any service, or granting of any entitlement and such payment is delinquent for a period of thirty days or more, the city manager shall furnish no further services, other than services for which no specific fee is charged, to any person who owes such payment to the city, until such delinquent payment is made.
(b) The city manager may set off against any refunds due from the city to any person any amounts due to the city from such person.
(c) Before terminating any future service or setting off any past due amounts against refundable amounts, the manager shall afford to the person against whom such action is proposed to be taken an opportunity for a hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, to contest the amounts due to the city.
(a) The city manager is appointed as traffic engineer for the city to perform the responsibilities provided in this section and other applicable ordinances of the city. It is the general duty of the traffic engineer to plan the installation, timing, and maintenance of traffic control devices; to plan and direct the operation and parking of traffic on the streets of the city; to conduct investigations of traffic conditions; to represent the city in dealing with officials of other governments on traffic and street improvements; to make agreements dividing responsibility for maintenance of streets and traffic control devices over which authority is exercised jointly with other governments; and to take such steps as are reasonably necessary and proper to carry out these plans subject to the availability of funds.
(b) In addition to other duties prescribed by this code or other ordinances of the city, the city manager may, without limitation:
(1) Plan for and regulate the movement of traffic on the streets of the city including parking areas;
(2) Investigate traffic conditions, conduct safety studies, and study police and citizen accident reports;
(3) Determine when and where to install traffic control devices, including, without limitation, traffic signals, signs, and markings;
(4) Determine the timing of traffic control signals;
(5) Determine where certain types of traffic on certain streets or lanes of roadways should be restricted or prohibited;
(6) Establish speed limits;
(7) Determine where angle parking should be established;
(8) Determine where loading zones should be established;
(9) Determine when stopping or parking should be prohibited or limited to certain times or certain classes of vehicles;
(10) Determine the need for and location of tow-away zones;
(11) Determine where parking on streets or city parking lots should be metered and the amount to be charged;
(12) Establish safety zones of such kind and character and at such places where the manager finds that there is particular danger to pedestrians and whose existence is reasonably likely to reduce that danger;
(13) Close streets during civil emergencies and construction projects;
(14) Establish barricaded play streets if the manager finds that the public safety and convenience would be served thereby;
(15) Close streets or portions of streets temporarily for no more than eight hours for community or neighborhood events, if the manager finds that the public safety and convenience would not be thereby adversely affected and subject to such conditions as the manager deems reasonable to protect public health, safety, and welfare; and
(16) Approve use of all or a portion of streets for bicycle or pedestrian racing events, and temporarily close for no more than twelve hours all or a portion of such areas as reasonably necessary for the safety of racers, spectators, and those who would otherwise use the facility, if the manager also determines that:
(A) The event will not unreasonably interfere with other traffic or with access to affected properties;
(B) If required by the manager, the organizers have secured the approval of the persons in possession of affected properties;
(C) Approval of the Colorado Department of Highways has been secured by the race organizers if any portion of the event is on a state highway;
(D) The organizers have agreed to pay the reasonable costs, as determined by the manager, of the extra expenses, including, without limitation, salaries and overtime of city employees, reasonably occasioned by city participation in preparation, monitoring, directing traffic, securing areas, and returning the areas to their normal use, and have paid such amounts in advance or have secured such payment obligation by a method acceptable to the manager;
(E) The race organizers have presented a practical and detailed plan of the event which, if followed, will promote reasonable safety and minimize traffic disruption; and
(F) The organizers have demonstrated an ability to comply with the plan.
(c) The city manager may erect, install, and maintain such traffic control devices as are reasonably necessary to effectuate the manager's determinations and to cover emergencies, tests, experiments, and other special circumstances.
(d) In exercising the discretion delegated by this section, the city manager shall consider the following factors that apply under the circumstances:
(1) The standards of the traffic engineering profession and of the state and federal governments;
(2) Public safety;
(3) The most efficient use of the streets and city parking areas; and
(4) The costs involved.
(e) The city manager shall make and maintain records of the location, installation, functioning, and maintenance of all traffic control devices. The manager shall maintain a record of all approvals made by the Colorado Highway Department of traffic control devices on state highways.
(f) The city manager is authorized to produce or acquire and sell to the public handicapped parking permits which will serve in lieu of depositing money or tokens in parking meters, or purchasing time in a parking space in a pay station, on city streets and city parking lots by vehicles eligible to park in spaces designated for parking by the handicapped. If the Central Area General Improvement District or the University Hill General Improvement District determines to extend use of these permits to meters or pay stations on lots owned or leased by the district, or to attended parking on such lots, the general manager of the district shall enter into a written agreement with the city manager specifying how to divide the permit revenues equitably between the general fund and the district in proportion to the division which would occur were no permits sold. If the manager determines to institute such a program, the manager shall, by regulation, specify the form of the permit, the method of its use and display, the method of application and purchase, the cost of the permit, and any restrictions on its use.
(g) (1) The city manager is authorized to specify the circumstances under which authorized emergency vehicles of the city police and city fire departments, of the Boulder County Sheriff's Department, the University of Colorado Police Department, and the Colorado State Patrol, may park in metered parking spaces or spaces regulated by pay stations on city streets, alleys, or parking lots for investigative and administrative purposes not rising to the level of an emergency governed by the parking exemption of section 7-2-12, "Exemptions for Authorized Emergency Vehicles," B.R.C. 1981, without paying the fees specified and in excess of the time limit. With respect to city vehicles covered by this policy, the manager shall estimate the annual parking revenue loss occasioned thereby, and cause such an amount to be transferred from the amount appropriated for each such department into the parking meter revenue account.
(2) The city manager is authorized to issue meter parking permits to public utility companies for display on marked service vehicles of such utility companies in lieu of depositing money in meters or pay stations on city streets, alleys, or parking lots in return for prepayment of the parking meter revenue loss occasioned thereby, as estimated by the manager. Such permits may only be displayed when the service vehicle is parked in a metered space or space regulated by a pay station in response to a bona fide utility service necessity.
(Ordinance Nos. 5233 (1989); 5241 (1989); 5920 (1997); 7294 (2003))
2-2-12 City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection.14
(a) If any property owner fails or refuses to pay when due any tax, charge or assessment imposed by this code or any ordinance of the city, the city manager may, in addition to taking other collection remedies, certify due and unpaid tax, charge, and assessment, including interest, to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected.
(b) Before certifying taxes, charges, and assessments to the county for collection as prescribed by subsection (a) of this section, the city manager shall provide to the property owner an opportunity for a hearing to contest the authority of the city to incur the tax, charge, or assessment or the amount thereof. The manager shall conduct such hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, except that the manager shall mail the notice to the property owner by first class mail addressed to the last known owner of property on the records of the Boulder County Assessor. If the manager's decision after a hearing affirms the imposition of charges, the decision shall include notice that the charges are due and payable within ten days of the date of the decision and that, if not paid when due, they will be certified to the Boulder County Treasurer for collection, along with ten percent of the charges for the cost of the county collection.
(c) Whenever the city manager certifies any tax, charge, or assessment to the Boulder County Treasurer for collection, the manager shall record notice of such certification to the Boulder County Clerk and Recorder.
(a) Pursuant to a vote of the electorate on November 7, 1967,15 November 4, 1986, November 7, 1989,15 November 4, 1997,15 and November 6, 2001, the city has established an Open Space Program whose objective is to preserve and protect the quality of the natural environment of the city. Land or interests in land acquired with open space funds may not be developed for intensive recreational uses or improved by planting or structures unless such improvements are necessary to protect and maintain open space land.
(b) There shall be a department of open space and mountain parks, which shall be responsible for all open space land and other property associated therewith.
(c) Under the direction, supervision, and control of the city manager, there shall be a director of the department of open space and mountain parks, who may also serve as the city's director of real estate. Subject to the limitations set forth in subsection 2-3-9(e), B.R.C. 1981, the department of open space and mountain parks:
(1) Shall acquire, supervise, administer, preserve, and maintain all open space land and other property associated therewith and may grant non-exclusive licenses and permits and agricultural leases for crop or grazing purposes for a term of five years or less;
(2) Shall supervise, administer, and execute all open space programs, plans, functions, and activities of the city;
(3) Shall prepare and submit to the open space board of trustees written recommendations on those matters on which this code requires a recommendation from said board prior to council or department action;
(4) May, at the request of the open space board of trustees, prepare and submit to the board information and recommendations on such open space matters as are not provided for by paragraph (c)(3) of this section; and
(5) May request advice on any open space matter from the open space board of trustees.
(d) The city manager shall employ various methods to preserve open space land, including, without limitation:
(1) Purchase of the fee interest in land;
(2) Easements and development rights to retain land in an open, natural condition;
(3) Scenic easements and trail easements;
(4) Notes and deeds of trust;
(5) Options to preserve the city's opportunities to acquire land in the future at current prices; and
(6) Leases, lease-purchases, and lease-back arrangements whereby land purchased by the city can be used for agricultural purposes consistent with the objectives of the program.
(e) The city manager shall attempt to obtain funds from other government agencies and private institutions and shall communicate with interested government agencies, such as Boulder County, on the program's progress in order that such agencies may develop long-range planning and land use policies consistent with the city's open space program.
(Ordinance No. 7291 (2003))
2-2-14 Initiation and Settlement of Claims and Suits.
(a) The city attorney is authorized to initiate and pursue, defend and settle civil actions and administrative proceedings as provided in this section. In all other cases, approval by the city council is required.
(b) Upon the request of the city council or city manager, or upon his or her own initiative with the consent of the city council or city manager, the city attorney shall initiate and pursue, or intervene in, a judicial or administrative civil action to recover losses and/or pursue legal remedies to address:
(1) Damage to city property;
(2) Breach of any contract;
(3) Abatement of any nuisance, except that when more specific authority is granted to the city attorney by other provisions of this code, that authority shall prevail;
(4) The need to enjoin any act or omission which affects a policy, financial, property, personnel or administrative interest of the city which has been previously recognized by the city council;
(5) The need to declare the rights of the city when necessary or desirable to carry out or clarify a policy, financial, property, personnel, or administrative interest of the city which has been previously recognized by the city council.
(c) The city attorney may independently initiate or intervene in judicial or administrative civil actions upon his or her initiative for any lawful purpose when, in the opinion of the city attorney, there are exigent circumstances that warrant proceeding immediately without city council or city manager approval. As soon after initiating such an action as possible, the city attorney shall seek the authorization of the city council or city manager as otherwise provided in this section.
(d) In any lawsuit or administrative proceeding in which the city is a defendant or party, the city attorney is authorized to defend and represent the city's interests, and to file such counterclaims, crossclaims, or claims against third parties as, in the opinion of the city attorney, are necessary to protect the city's interests.
(e) To the extent that appropriated funds are available for the purpose, the city attorney, with the city manager's approval, is authorized to settle any claim against the city or suit in which the city is a party defendant if no more than $10,000.00 is paid by the city for settlement of the claim or suit, whether denominated as attorneys' fees, damages, or otherwise. In all other cases, approval by the city council is required. No other city official is authorized to settle any claim for damage, injury, or otherwise, nor expend any funds to address or resolve potential liability against the city or an official or employee of the city.
(f) In any lawsuit in which the city is a party, the city attorney may consider the city manager or the manager's delegate to be the client for the purposes of satisfying the attorney's ethical obligations to keep the client fully informed, to obtain the client's consent concerning settlement other than for settlement covered in subsection (e) or (h) of this section, and for discussing alternative dispute resolution and other matters arising during the lawsuit. Notwithstanding this authorization, the city attorney shall keep the council informed of litigation matters to the greatest extent possible. The city attorney shall report at least annually to the city council on the status of all litigation involving the city.
(g) Nothing in this section shall be construed to limit the city attorney's authority and duty to initiate criminal actions or other actions authorized by ordinance or state law.
(h) To the extent that appropriated funds, insurance, or both are available for the purpose, the city manager and the city attorney are authorized to settle any claim against the city by a city employee arising under the Workers' Compensation Act of Colorado.
(Ordinance Nos. 4936 (1985); 5716 (1995); 7433 (2005))
2-2-15 Neighborhood Permit Parking Zones.
(a) Restricting parking on streets in certain areas zoned for residential uses primarily to persons residing within such areas will reduce hazardous traffic conditions, promote traffic safety, and preserve the safety of children and other pedestrians in those areas; protect those areas from polluted air, excessive noise, trash, and refuse; protect residents of those areas from unreasonable burdens in gaining access to their residences; preserve the character of those areas as residential; promote efficiency in the maintenance of those streets in a clean and safe condition; preserve the value of the property in those areas; and protect the peace, good order, comfort, convenience, and welfare of the inhabitants of the city. The city council also finds that, in some cases, residential streets serve an important parking function for nonresidents in the public and commercial life of the city. Some accommodation for parking by others may be appropriate in these cases.
(b) Upon receipt of a request by twenty-five adult residents of a neighborhood proposing a neighborhood permit parking zone, the city manager will conduct studies to determine if a neighborhood permit parking permit zone should be established in that neighborhood, and what its boundaries should be. The manager may, if the manager concludes it is in the public interest to do so, initiate this process without any request. The manager may consider, without limitation, the extent to which parking spaces are occupied during working or other hours, the extent to which parked vehicles are registered to persons not apparently residing within the neighborhood, the impact that businesses and facilities located within or without the neighborhood have upon neighborhood parking within the neighborhood, such other factors as the manager deems relevant to determine whether parking by nonresidents of the neighborhood substantially impacts the ability of residents of the proposed parking permit zone to park their vehicles on the streets of the proposed zone with reasonable convenience, and the extent to which a neighborhood permit parking zone would significantly reduce this impact. The manager shall also determine the need for reasonable public access to parking in the area, and the manner and extent that it should be provided, along with the hours and days on which parking restrictions should apply. No such parking restrictions shall apply on Sundays or holidays.
(c) If the manager determines that establishing a neighborhood permit parking zone is in the public interest, or that altering a residential parking zone in existence on January 1, 1997, or created thereafter, is in the public interest, the manager shall prepare a proposal for the zone, specifying the boundaries, the hours and days on which parking restrictions will apply, and the provisions, if any, for nonresident permit parking. The manager may hold such public meetings as deemed advisable to assist the manager in formulating such proposal. The manager shall present this proposal for the zone to the Transportation Advisory Board. The board, after including in its normal public notice these features of the manager's plan, shall hold a public hearing on the manager's proposal, and shall recommend to the manager that the zone be established, that it be established with certain modifications which are within the manager's authority under this code and any adopted regulations, or that it not be established. The manager shall, within thirty days of the board's recommendation, provide the city council with the manager's proposal to the board, the board's recommendation and related comments, the manager's final plan, and the reason for any difference between the recommendation and the final plan. If the city council does not call up the manager's final plan within thirty days, the manager may establish the zone. If the city council calls up the manager's final plan, it shall hold a public hearing on the plan and, by motion, direct the manager not to establish the zone, or to establish the zone with any modifications which are within the manager's authority, or to establish the zone in accordance with the manager's final plan. The manager shall establish the zone approved by regulation, but if the zone is established after a city council call-up, the manager shall not call for public comment in the notice of proposed regulation.
(d) Upon establishment of a zone, the manager shall, subject to the availability of funds appropriated for the purpose, install the necessary traffic control devices within the zone and issue neighborhood parking zone permits pursuant to chapter 4-23, "Neighborhood Parking Zone Permits," B.R.C. 1981.
(e) The manager may by regulation prescribe additional standards, not inconsistent with those set out in this section, which must be met before the manager designates a neighborhood permit parking zone, or adds or deletes territory from an established zone. The manager may issue regulations governing the issuance and use of neighborhood parking permits not inconsistent with chapter 4-23, "Neighborhood Parking Zone Permits," B.R.C. 1981.
(f) The city manager shall monitor the program on a regular basis and annually provide the city council with a report on the neighborhood permit parking program generally, including its relationship to parking supply and demand in adjacent areas of the city and the status of zone block faces under subsection 4-23-2(j), B.R.C. 1981. The details of the monitoring effort shall be contained in administrative regulations promulgated by the city manager pursuant to chapter 1-4, "Rulemaking," B.R.C. 1981.
(Ordinance Nos. 4966 (1986); 5869 (1997))
2-2-16 Manager's Authority to Set Fees and Prices.
(a) The manager may by regulation prescribe the fees to be charged for photocopying or other duplication or for printouts of public records as defined by state law.16 Such fees shall not exceed $1.25 per page unless actual costs exceed that amount.
(b) The manager may by regulation prescribe the fees to be charged for the search, retrieval, and copying of criminal justice records as defined by state law.17 Such fees shall not exceed actual costs.
(c) The manager may dispose of any property, other than real property, of the city which the manager deems to be surplus to the city's needs in such manner and under such circumstances and for such price as the manager determines to be in the public interest.
(d) Whenever the manager determines that there are services which the city is capable of performing for members of the public upon specific request by individuals, which are not required to be provided by law, and for which a specific fee has not been set by this code, the manager may perform such services by contract, for a price which the manager determines to be in the public interest. If the manager determines that such services are of a recurring nature, the manager may, by regulation, set a schedule of fees for the performance of such services.
(Ordinance No. 5017 (1986))
2-2-17 Unclaimed Intangible Property in Possession of City.
(a) All unclaimed "intangible property," as that term is defined in section 38-13-102, C.R.S., of another person which is held by the city and which remains unclaimed by the owner for more than six months after it became due and owing to that person shall be deemed abandoned and shall escheat to the city as if it were a gift to the city. After such intangible property has become subject to escheat the city manager shall take reasonable steps under the circumstances to notify the owner of the intangible property that it is unclaimed and subject to escheat. Such notice shall give the owner sixty days to reclaim the intangible property by written application to the manager at an address specified in the notice, shall describe the intangible property, give its amount or estimated value, and the circumstances by which the intangible property came to be held by the city. Notice shall be sufficient, without limitation, if it is sent by regular or certified mail to the last address of the owner known to the city. If no address is known by the city or the mailed notice is returned as undeliverable, the manager shall publish notice once in a newspaper of general circulation in the city and post notice on the city's world wide web site during the sixty-day period in which the owner is allowed to apply for the property.
(b) For unclaimed gift certificates issued by the city, the abandonment period shall be five years instead of one.
(c) This section does not apply to any intangible personal property which any other provision of this code declares to be forfeit to the city.
(d) This section does not apply to any intangible personal property for which any other provision of this code provides a method of disposition.
(e) Nothing in this section is intended to affect the obligations under state law of private parties as holders of unclaimed intangible property.
(Ordinance Nos. 5472 (1992); 7162 (2001))
The city manager shall establish a capitalization threshold annually and conduct annual inventories of the real and personal property belonging to the city having an original cost in excess of the established threshold, any provision of the laws of this state to the contrary notwithstanding.
(Ordinance Nos. 5102 (1988); 5530 (1992); 5765 (1995))
2 Adopted by Ordinance No. 4662. Amended by Ordinance No. 4704. Derived from Ordinance Nos. 2104, 2395, 2764, 2926, 3805, 3949, 4645, 1925 Code, 1955 Code.
3 Section 24-54-110, C.R.S.
4 See section 2-3-11, "Planning Board," B.R.C. 1981.
5 See section 2-3-10, "Parks and Recreation Advisory Board," B.R.C. 1981.
6 See section 2-3-6, "Human Relations Commission," B.R.C. 1981.
7 See section 2-3-9, "Open Space Board of Trustees," B.R.C. 1981.
8 See chapter 2-4, "Police Administration," B.R.C. 1981.
9 See chapter 2-5, "Fire Department," B.R.C. 1981.
10 See section 2-3-8, "Library Commission," B.R.C. 1981.
11 11-10.5-101 et seq., and 11-47-101 et seq., C.R.S.
12 For vacation of city rights-of-way, see chapter 8-6, "Public Right-of-Way and Easement Encroachments, Revocable Permits, Leases, and Vacations," B.R.C. 1981, and 43-2-301 et seq., C.R.S.
13 24-35-114 and 39-10-116, C.R.S.
14 31-20-105, 106, C.R.S.
15 For provisions earmarking sales and use tax revenues for open space, see section 3-2-39, "Earmarked Revenues," B.R.C. 1981.
16 24-72-201 et seq., C.R.S.
17 24-72-301 et seq., C.R.S.