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Help & SupportArticle V: Administrative Service
The City Manager
Sec. 63. The city manager-qualifications and appointment.
The city manager shall be the chief executive and administrative officer of the city. As such, the manager shall possess, have, and exercise all the executive and administrative powers vested in the city. The manager shall be chosen by the council solely on the basis of executive and administrative qualifications. The choice need not be limited to the inhabitants of the city or state.
The city manager shall devote full time and business interest to the management of the city's affairs, and shall not, during the manager's term of office, be an employee of, or perform any executive duty for any person, firm, corporation, or institution other than the City of Boulder. The manager's salary shall be fixed by the council; and the manager shall be required to give a bond, for the faithful performance of the duties of the office, in such amount as the council may determine. The manager shall be appointed for an indefinite period, and shall be removable by the council at pleasure. If removed at any time after six months of service, the manager may demand written charges and a public hearing on the same before the council, and the same shall be given the manager prior to the date on which the manager's final removal shall take effect. Pending such hearing, the council may suspend the manager from office; and during such suspension, or in case of the manager's absence or disability from any other cause, the council shall designate some properly qualified person, other than a member of the council, to perform the duties of the office.*
Sec. 64. Special powers and duties as city manager.
The city manager shall have the special powers and duties hereinafter enumerated, and shall be directly responsible to the council for the proper administration thereof, to-wit:
(a) To see that all laws and ordinances governing the city are enforced;
(b) To appoint and to remove at pleasure, except as otherwise in this charter provided, all directors of departments and all subordinate officers and employees in such departments in both classified and unclassified service, such appointments and removals to be made upon the basis of merit and fitness alone, including proper subordination;
(c) To exercise control and supervision over all departments herein created, except as otherwise in this charter provided;
(d) To make a monthly report to the council, and to attend all meetings of the council with the right to take full part in the discussion, but having no vote;
(e) To recommend to the council for adoption such measures as the manager deems necessary or expedient;
(f) To keep the council fully advised as to the financial condition of the city;
(g) To see that all franchise rights and provisions are justly enforced;
(h) To prepare and submit to the council an annual budget as by this charter required;
(i) To submit to the council at each meeting thereof an order of business covering the manager's recommendations; and
(j) To perform such other duties as may be prescribed by this charter or required of the manager by ordinance or resolution of the council.*
Sec. 65. Administrative departments.
The following administrative departments are hereby created:
(a) Department of public works;
(b) Department of finance and record;
(c) Department of parks and recreation;
(d) Department of public safety; and
(e) Department of planning.
Upon the recommendation of the city manager, the city council may by ordinance create additional administrative departments. (Amended by Ord. No. 1632 (1951), § 2, adopted by electorate on November 6, 1951. Further amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)8
Sec. 66. Directors of departments.
A director for each department shall be appointed by the city manager, except as hereinafter provided. Such directors shall serve until removed by the city manager or until their respective successors have been appointed and duly qualified. Each director shall be chosen on the basis of general executive and administrative experience and ability and of special education, training, and experience in the class of work which is to be administered; provided that the director of public works shall be an engineer with training and experience in municipal engineering. Each director shall conduct the affairs of each respective department in accordance with the provisions of this charter, the city ordinances, and the rules and regulations made therefor by the city manager and shall be immediately responsible to the city manager for the conduct of the subordinate officers and employees of the respective department; for the performance of its business; and for the custody and preservation of the books, records, papers, and property under the director's control. Directors of departments shall prepare departmental estimates, which shall be open to public inspection, and they shall make all other reports and recommendations in writing concerning their respective departments at such intervals or other times as may be requested by the city manager.
Whenever the city manager removes the director of any department, the manager shall make a written report to the council of such removal, containing a full statement of the reasons therefor. (Amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)*
Sec. 67. Departments of public works and public utilities.
(a) Department of public works. There is hereby created a department of public works, the director of which will be subject to the supervision and control of the city manager in all matters and the general powers and duties of which shall be as established by ordinance adopted by the city council.
(b) Department of public utilities. There is hereby created a department of public utilities, the director of which will be subject to the supervision and control of the city manager in all matters, and the general powers and duties of which shall be as established by ordinance adopted by the city council. (Amended by Ord. No. 2729 (1963), § 1, adopted by electorate on November 5, 1963.)9
Department of Finance and Record
Sec. 68. General powers and duties.
The director of finance and record shall be ex-officio the city clerk, city treasurer, purchasing agent, and clerk of the council with power to take acknowledgments and administer oaths, under seal of the city, for all municipal purposes. Subject to the supervision and control of the city manager in all matters, the director shall keep and supervise all accounts and have custody of all public moneys of the city; purchase, store, and distribute supplies needed by the various departments, officers, boards, or commissions of the city; collect special assessments; issue licenses; collect license fees; make and keep a journal of proceedings of the council; have custody of all public records of the city not specifically entrusted to any other department by this charter or by ordinance; and perform such other duties pertaining to such department as are in this charter specified, or may be by ordinance required, or be assigned by the city manager.
Until otherwise provided by the city manager, the city clerk of the City of Boulder holding such office at the time this charter shall take effect shall be acting director of finance and record, in charge of all other city officers or employees whose present duties are embraced within the scope of this department as in this charter defined.*
Department of Public Health
Sec. 69. General powers and duties.
(Repealed by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)
Sec. 69A. Public health and hospital fund.
(Added by Ord. No. 1219 (1929), § 1, adopted by electorate on November 5, 1929.)
(Repealed by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)
Department of Recreation
(Amended by Ord. No. 1753 (1953), § 1(b), adopted by electorate on November 3, 1953.)
(Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)
Sec. 70A. Advisory recreation board.
(Added by Ord. No. 1753 (1953), § 1(b), adopted by electorate on November 3, 1953.)
(Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)
Sec. 70B. Appropriation for recreation.
(Added by Ord. No. 1753 (1953), § 1(b), adopted by electorate on November 3, 1953.)
(Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)
Sec. 71. Tax levy for department.
(Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)
Department of Public Safety
Sec. 72. General powers and duties.
The city manager shall, until otherwise by charter amendment provided, be ex-officio director of public safety. Such director shall be the executive head of the divisions of fire and police, with power to direct the activities of either or any of such divisions; and with power to appoint, transfer, or remove any and all of the officers and employees therein.
Except as otherwise in this charter provided, the city manager shall in times of public danger or emergency have power to deputize, appoint, and administer the oath of office to any necessary and additional firefighters, police officers, or patrol officers, as the nature of the emergency may require, during the period of such public danger or emergency.
The city manager shall be the chief administrative authority in all matters affecting the inspection and regulation of the erection, maintenance, repair, ventilation, and occupancy of buildings, as may be ordained by the council or established by general law. The city manager shall be charged with the enforcement of all laws and ordinances relating to weights and measures, and shall report to the proper United States or state authorities, as the case may be, any violation of federal or state laws relating to weights, measures, or the sale of any class of merchandise, supplies, foodstuffs, fuels, materials, necessities of life, or commodities of any nature whatsoever. The city manager shall report to proper authorities any violations of liquor or other general laws within the city's jurisdictional limits. Except as in this charter provided, the manager shall direct all activities and enforce all ordinances pertaining to the safety of the general public upon the streets, public lands, places, or parks, within public or private buildings, or elsewhere within the jurisdiction of the City of Boulder.
The city manager shall appoint a city probation officer, to work in cooperation with the department of public welfare in all correctional, juvenile, or reformatory matters, activities, and institutions of the City of Boulder.
Until otherwise provided by the city manager, and until the appointment of such, the city marshal of the City of Boulder holding such office at the time this charter shall take effect shall be acting director of public safety, but not city manager, in charge of all other city officers or employees whose present duties are embraced within the scope of this department as in this charter defined.*
The council may by ordinance provide for relief funds for the employees of the department and provide for the administration of such funds as may be created by ordinance or laws of the state.
Department of Planning
There shall be a city planning board which shall consist of seven members appointed by the city council. The appointive members shall be qualified electors of the city, shall not hold any other office under this charter except as provided in Section 84A, shall serve without pay, and shall be removable by the council for cause.
The council shall remove any appointive member who displays lack of interest, or fails, upon due notice, and continuously for three months, to attend meetings of the board without formal leave of absence. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951. Further amended by Ord. No. 2728 (1963), § 1, adopted by electorate on November 5, 1963.)
Sec. 75. Term of office-vacancies.
The term of office of each board member shall be five years. The council shall fill all vacancies.
The board shall have power to make rules for the conduct of business and shall keep accounts and records of its transactions. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951. Further amended by Ord. No. 2728 (1963), § 1, adopted by electorate on November 5, 1963. Further amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)
Sec. 76. Organization and procedure of planning board.
The board shall choose a chair, a vice chair, and a secretary who may or may not be a member of the board. If not a member, the compensation of the secretary, if any, shall be fixed by the council. If a director of planning has been appointed, the director may be designated as secretary. The board shall have regular meetings once a month, and special meetings may be called at any time by the chair and two members. Four members shall constitute a quorum, and an affirmative vote of at least four shall be necessary to authorize any action of the board. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)*
Sec. 77. Director of planning.
A director of planning, who shall be qualified by special training and experience in the field of city planning, may be appointed on a part-time or full-time basis by the city manager and shall be removable by the city manager. The director of planning shall be the regular technical advisor of the board and shall have administrative direction of the planning department. The director may be designated as the secretary of the planning board and authorized to perform other necessary functions. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)*
The planning department shall:
(a) Prepare and recommend to the city council a general plan, with necessary maps, plats, charts, and descriptive and explanatory materials, for the physical improvement and development of the city, including therein,
(1) The general location, character, and extent of streets, bridges, parks, waterways, and other public ways, grounds, and spaces;
(2) The general location of public buildings and other public property, within and without the city limits, including watersheds, water systems, reservoirs, sewer and drainage systems, facilities for the sanitary disposal of garbage and other wastes, airports, vehicle parking facilities, and all other public properties and facilities necessary for the proper development of the city;
(3) The general location and extent of public utilities, including public transportation facilities, whether publicly or privately owned;
(4) The removal, relocation, widening, extension, narrowing, vacation, abandonment, or change of use of existing or future public ways, grounds, spaces, buildings, property, or utilities;
(5) An adequate and equitable system of financing public improvements;
(b) Review the general plan periodically and recommend to the city council desirable amendments and additions to the plan;
(c) Submit annually to the city manager, not less than sixty days prior to the date for submission of the city manager's proposed budget to the city council, a list of recommended capital improvements to be undertaken during the forthcoming six-year period;
The list shall be arranged in order of preference, with recommendations as to which projects shall be completed each year. Each list of capital improvements shall be accompanied by a six-year capital budget indicating estimated costs and methods of financing all improvements;
(d) Prepare and recommend to the city council a zoning plan dividing the city into building districts or zones and regulating the uses of land and the height, area, bulk, and uses of public and private buildings and structures;
(e) Prepare and recommend to the city council minimum housing ordinances, building codes, and other measures necessary to promote the health, safety, and general welfare of the people of the city;
(f) Prepare and recommend to the city council regulations governing the process of land subdivision;
(g) Exercise control over all public improvements in accordance with the provisions of Section 80;
(h) Exercise control over platting, opening, and annexing subdivisions in accordance with the provisions of Sections 81 and 82;
(i) Cooperate with other governmental planning agencies on all planning matters affecting the city;
(j) Encourage proper planning by all departments of the city, request necessary assistance from other departments, and integrate, to the extent possible, the planning activities of other departments into the general plan of the city; and
(k) Within its budget appropriations, contract when necessary with city planners and other consultants for technical services. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
Sec. 79. Notice of pending plans or ordinances.
Any officer or department whose duty it is to prepare ordinances and resolutions relating to the location of any public improvement, which may be considered by the planning board a part of the comprehensive plan - including specifically the location of any public building, or the location, extension, widening, enlargement-ornamentation, or parking of any street, boulevard, alley, parkway, playground, or other public grounds, or the vacation of any street, or any other alteration of the city plan of streets and highways, or the location of any bridge, tunnel, or subway, or of any surface, underground or elevated railway or public utility, or any ordinance relating to housing, building codes or zones - shall, prior to the submission to the proper board or officer of the municipality of the ordinance or resolution required to be adopted before such proceedings are instituted, give notice to the board of the pendency (before the officer or department) of proceedings with reference to any of the above matters. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
Sec. 80. Improvements to conform with plan.
Whenever the planning board shall have made a general plan of the municipality or of any portion thereof in accordance with Section 78 of this charter, no public improvement shall be authorized to be constructed in the city until approved by the board; provided, that in case of disapproval, the board shall communicate its reasons to the council and to the director of that department which has control of the construction of the proposed improvement; and the council by majority vote shall have the power to overrule such disapproval. If the reasons for disapproval are not given to the council and to said department director within twenty days after the plans for the public improvement are submitted to the board, such plan shall be deemed to be approved by the board. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
All plans, plats, or replats of lands laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located within the city limits shall be submitted to the planning board and be approved by it before such plans or plats shall be recorded. And no such plan or plat shall be entitled to record in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the board. The disapproval of any such plan, plat, or replat by the board shall be deemed a refusal of the proposed dedication shown thereon. The approval of the board shall be deemed an acceptance of the proposed dedication but shall not impose any duty upon the city concerning the maintenance or improvement of any such dedicated parks until the proper authorities of the city shall have made actual appropriation of the same by entry, use, or improvements; and owners and purchasers shall be deemed to have notice of the published plans, maps, and reports of the board affecting such property within its jurisdiction. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
Sec. 82. Admission of subdivision.
All plans and plats of tracts or additions sought to be annexed or admitted to the city shall be first submitted to the planning board for approval. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
Sec. 83. Reports of department.
The department shall make annual reports to the council upon the request of the council. A representative of the board shall have a right to appear before the council to make its recommendations and shall be given due hearing. (Amended by Ord. No. 1632 (1951), § 4, adopted by electorate on November 6, 1951.)
All buildings and other structures throughout the city shall be limited to a height not exceeding fifty-five feet. This height limit shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, nor to silos, parapet walls, cornices without windows, antennas, chimneys, ventilators, skylights, or other necessary mechanical appurtenances usually carried above the roof level so long as they do not take up more than twenty-five percent of the roof area, nor to light poles at government-owned recreation facilities, nor to light and traffic signal poles in the right-of-way, nor to service and transmission line electrical utility poles. "Height" means the vertical distance from the lowest point within twenty-five feet of the tallest side of the structure to the uppermost point of the roof.
The purposes of this height limitation are to promote the health, safety, and general welfare of the community; to secure safety from fire, panic, wind turbulence, and other dangers; to provide adequate light and air to abutting properties and the neighborhood; to prevent the overcrowding of land; to avoid undue concentration of population; to prevent the encroachment of privacy; to lessen traffic congestion in the streets; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to insure personal safety by encouraging intensive use at the sidewalk level; to encourage the most appropriate use of land; to conserve and enhance property values; to preserve the integrity and character of established neighborhoods; to preserve scenic views of the mountain backdrop, which are a unique asset to the community and provide a distinctive character and setting for the city and which provide an attraction to tourists, visitors, and students of the University of Colorado; and to protect a public investment of over $3,000,000.00 in the mountain backdrop.
Notwithstanding anything to the contrary in this Section 84, the following provisions shall apply solely to that portion of the area known as Boulder Crossroads which is delineated by (i) the northern boundary line of Arapahoe Avenue, (ii) the southern boundary line of Canyon Boulevard as extended eastward to 30th Street, (iii) the eastern boundary line of 28th Street, and (iv) the western boundary line of 30th Street:
Subject to approval through the development review process, "height" shall be defined as the vertical distance measured from the Federal Emergency Management Agency's flood protection elevation at 28th Street of 5,288 feet, as determined in accordance with the North America Vertical Datum of 1988, to a plane above such elevation. (Amended by Ord. No. 1219 (1929), § 1, adopted by electorate on November 5, 1929. Further amended by Ord. No. 1632 (1951), § 5, adopted by electorate on November 6, 1951. Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. New section 84 added by Res. No. 24a (1971), § 2, adopted by electorate on November 2, 1971. Amended by Ord. No. 5220 (1989), § 1, adopted by electorate on November 7, 1989. Further amended by Ord. No. 6013 (1998), § 2, adopted by electorate on November 3, 1998.)
Sec. 84A. Board of zoning adjustment.
There shall be a board of zoning adjustment with such powers, jurisdiction, and authority as the city council shall by ordinance provide relating to zoning matters. The membership, terms of office, method of appointment and all other matters relating to the board of zoning adjustment shall be as the city council shall by ordinance provide. (Added by Ord. No. 1632 (1951), § 6, adopted by electorate on November 6, 1951. Amended by Ord. No. 3513 (1969), § 1, adopted by electorate on November 4, 1969.)
Sec. 84B. Disposition of park properties.
(Added by Ord. No. 1632 (1951), § 7, adopted by electorate on November 6, 1951. Repealed by Ord. No. 2392 (1961), § 1, adopted by electorate on November 6, 1961.)
The City Attorney
The city attorney shall be a duly licensed member of the bar of Colorado. The attorney shall be the legal advisor of the council and of all other city officials and of all boards and commissions. The council may also employ special counsel and assistants to the city attorney.*
The Municipal Court
Sec. 86. Municipal court judges.
The council shall appoint, evaluate, and compensate, with power to remove, for cause, the presiding judge of the municipal court. The council may, by ordinance or contract, specify the manner of appointment, supervision, evaluation, and compensation of temporary and associate judges and of referees. (Amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993. Further amended by Ord. No. 7295 (2003), § 1, adopted by electorate on November 4, 2003.)
Sec. 87. Jurisdiction of municipal court.
Said municipal court shall have exclusive original jurisdiction to hear, try, and determine all charges of misdemeanor as declared by this charter, and all causes arising under any of the ordinances of the city for a violation thereof. There shall be no trial by jury, and there shall be no change of venue from said court. (Amended by Ord. No. 5575 (1993), § 1, adopted by electorate on November 2, 1993.)
* Indicates those sections in which reference to gender were neutralized by Ord. No. 4602, November 3, 1981.
8 Subsection (d) of this section should also have been amended by Ord. No. 1753 (1953), § 1(b), adopted by electorate on November 3, 1953, which created the department of recreation.
9 This section as published in the Charter and Code of Boulder, Colorado, 1925 differs from that published in the Code of the City of Boulder, 1955. As there is no ordinance authorizing the change, it appears that it was made with the section was codified in the 1955 Code.