Ordinance Number 272

An Ordinance specifying the spending authority of Town Officials. 

Be it Ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that: 

Section 1.  

The Board of Trustees hereby establishes the authority of the mayor or any member of the Board of Trustees or staff authorized to approve expenditures to enter into contractual obligations or otherwise make expenditures on behalf of the Town of Deer Trail.

1. Definition. Contract or expenditure means any legal contractual obligation of the Town, including without limitation, contracts, contract extensions or amendments, change orders, purchase orders, or any financial commitment or expenditure of the Town.
2. Budgeted and Appropriated. No contract or expenditure, regardless of its amount, may be entered into unless sufficient funds have been previously budgeted and appropriated by the Board of Trustees.
3. Construction Contracts.
   1. Change Orders. The mayor or any member of the Board of Trustees or staff authorized to approve expenditures is authorized to approve change orders up to a total maximum amount of Five Thousand Dollars ($5,000.00), subject to ratification by the Board of Trustees at a regular or special meeting. For purposes of this provision, "total maximum amountu shall mean such either one individual change order, or multiple change orders, the total of which cannot exceed the amount of Five Thousand Dollars ($5,000.00), provided that funds have been appropriated by the Board of Trustees either in the form of a previously approved contract amount, or such funds are within an approved contingency amount. Notice of the contract or expenditure shall be provided to the Board of Trustees as part of the Board's regular review of the monthly expenditures.
   2. Emergency Expenditures and Change Orders in Excess of Five Thousand Dollars ($5,000.00). No member of the Board of Trustees or staff are authorized to approve expenditures in excess of Five Thousand Dollars ($5,000.00). Such expenditures may only be approved by the Board of Trustees at a regular or special meeting. Provided however, in the event there is a true unforeseen circumstance that constitutes an emergency requiring an expenditure in excess of Five Thousand Dollars ($5,000.00), the Town Clerk may take a phone poll of the Board of Trustees to obtain such approval, and such phone poll shall then be ratified by the Board of Trustees at a regular or special meeting. Such an emergency must be necessary to protect the public health, safety or welfare; is necessary to protect the structural integrity of Town facilities and equipment; or is necessary to ensure the continued operation of essential Town functions.
4. Other Expenditures.
   1. Budgeted Expenditures. The mayor or any member of the Board of Trustees or staff authorized to approve expenditures is authorized to expenditures that have been budgeted in the Town's annual budget up to the amount of Five Thousand Dollars ($5,000.00), subject to ratification by the Board of Trustees at a regular or special meeting.
   2. Non-Budgeted/Unanticipated Expenditures. The mayor or any member of the Board of Trustees or staff authorized to approve expenditures is authorized to expenditures that have not been budgeted in the Town's annual budget up to the amount of Two Thousand Dollars ($2,000.00), subject to ratification by the Board of Trustees at a regular or special meeting. Provided however, in the event there is a true unforeseen circumstance that constitutes an emergency requiring an expenditure in excess of Two Thousand Dollars ($2,000.00), the Town Clerk may take a phone poU of the Board of Trustees to obtain such approval, and such phone poll shall then be ratified by the Board of Trustees at a regular or special meeting.

Section 2. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 3. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 4. Effective Date.

This Ordinance shall become effective thirty (30} days after final publication.

Adopted and approved this 8th day of September 2020.

James Johnson
Town of Deer Trail

Attest: Candice Reed, Town Clerk