File #: Ordinance 44-2017    Name:
Type: Ordinance Status: Passed
File created: 12/13/2017 In control: City Council
On agenda: 1/16/2018 Final action: 1/16/2018
Title: An ordinance on second reading amending Title 1, Chapter 9, Sections 1-9-1 and 1-9-2 of the Littleton City Code
Attachments: 1. Ordinance No. 44-2017
Agenda Date: 01/16/2018

Subject:
Title
An ordinance on second reading amending Title 1, Chapter 9, Sections 1-9-1 and 1-9-2 of the Littleton City Code
Body

Presented By:
Steve Kemp, City Attorney

POLICY QUESTION:
Does city council support adopting an ordinance on first reading amending Title 1, Chapter 9, Sections 1-9-1 and 1-9-2 of the Littleton City Code?

BACKGROUND:
Currently in the City Code there are two administrative provisions that date back prior to the 1971 code adoption. These provisions provide:

1.
That fees and charges due to the city are to paid in lawful money of the United States (1-9-1).


2.
That council members may act as policemen without pay under the supervision of the Chief of Police (1-9-2).

As set forth in the staff analysis, these provisions are outdated and in the case of Section 1-9-2 are preempted by state statute and unenforceable. In accordance with Council direction, as this ordinance is a minor change to the City Code, it is being brought directly to the council for first read.

STAFF ANALYSIS:
Section 1-9-1 of the city code dates back to a time where fees and charges were primarily done in cash. Modern methods of payment such as:

1.
Automated check handling (ACH)
2.
Electronic funds transfer (EFT)
3.
Credit or debit cards
4.
Check, cashier's check or money order
5.
Wire transfer or direct account to account transfers

These types of modern methods were not readily available when this code section was originally adopted. In today's economy, most payments occur electronically. This code amendment updates the code to modern practices. Additionally, some individuals will pay fees and charges in small coins. This allows the Finance Director to regulate such practices.
Section 1-9-2 permits members of the City Council to act as policeman under the supervision of the Chief of Police for no compensation. However, in 1992, the state adopted a comprehensive plan for the certification and training of peace officers. This p...

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