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HomeMy WebLinkAbout09671ORDINANCE NO. 9671 AN ORDINANCE PROVIDING THE MAYOR WITH THE AUTHORITY TO MAKE GRANT APPLICATIONS AND AMENDING THE PUEBLO MUNICIPAL CODE IN ACCORDANCE THEREWITH WHEREAS, City Council may by Resolution approve any grant application; and WHEREAS, City Council wishes to grant the Mayor the authority to submit grant applications on the City’s behalf. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 1-4-1 of Chapter 4 of Title I of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-4-1. - Council procedures and rules and authority to approve grant applications by resolution. (a) The City Council by resolution shall adopt suitable rules to govern its procedures. (b) The City Council shall have the authority to approve, by resolution, any application\[s\] for grant funds from the federal, state or local governments or from non-profit or private entities when Council approval is required by the grantor. SECTION 2. Section 1-5-2 of Chapter 5 of Title I of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-5-2. - Mayor. The Mayor shall control and direct the executive branch of City government and shall be the chief executive officer with all executive and administrative powers of the City, except as otherwise provided in Charter. Any authority previously delegated to the City Manager pursuant to any prior contract, intergovernmental agreement or other legal instrument executed under the previous City Council-Manager form of government is vested in and may be exercised by the Mayor. The duties and powers of the Mayor are enumerated in Charter and specifically include: (1) Duties. a. Appoint, Dismiss, Etc. In accordance with the Charter and civil service provisions of this Code, appoint competent, qualified staff and employees to the administrative service and have the power to dismiss, suspend and discipline all staff members and employees in the administrative service under his or her control. He or she shall also have the power to authorize a department head or staff member responsible to him or her to appoint and remove subordinates serving under that department head or staff member. b. Assignment to Acting Capacity. Designate himself or herself or some other staff member or employee to perform the duties of any position in the administrative service under his or her control. Such person shall be designated a deputy or acting department head and shall serve with the same powers and functions as the department head. Any such assignment as acting department head shall only be made for periods in which the department head is on leave or for a period not to exceed six (6) months during which the selection and confirmation process for appointment of the department head has been initiated and is proceeding. (2) Powers. a. Prescribe Rules. Have the power to prescribe such rules and regulations as he or she shall deem necessary or expedient for the conduct of administrative agencies subject to his or her authority and have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed. b. Investigate. Have the power, either by himself or herself or by any staff member or person designated for the purpose by him or her, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office. c. Overrule Administrative Staff. Have the power to set aside any action taken by a department head and may supersede him or her in the functions of his or her position. d. Assign Duties. Have the power to direct any department, division or bureau to perform work for any other department, division or bureau, or to perform any work assigned by ordinance to any other department, division or bureau, and to assign to any department, division or bureau any duty imposed by ordinance on the Mayor, provided that nothing contained herein shall be construed to authorize the Mayor to assign the duties and functions of any department established by Charter to another department. e. Appoint Administrative Committees. Have the power to designate from the administrative service such committees and the officers thereof as he or she shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the Mayor and shall make such recommendation on matters referred to them as they shall find necessary for the best interests of the City. f. Agree to minor amendments to contracts previously approved by City Council, provided that no single amendment, and all such amendments to any single contract cumulatively, do not significantly modify the City's obligations under the contract and do not increase the City's financial obligations thereunder by more than ten percent (10%) of the original contract price. g. Unless otherwise required by general law or the Charter, make appointments to all boards and commissions, subject to Council confirmation. All appointments to boards and commissions existing on December 31, 2018 shall continue until expiration of their respective terms unless the appointee is removed by the Mayor. Any ordinance in effect prior to December 31, 2018 which is inconsistent with such power of the Mayor is superseded by the provisions of this Subsection (g). h. Grant Applications. Have the authority to approve applications for grant funds from the federal, state or local governments or from non-profit or private entities. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 10, 2020 . Final adoption of Ordinance by City Council on February 24, 2020. President of City Council Action by the Mayor: ☒ Approved on February 26, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Trevor D. Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE PROVIDING THE MAYOR WITH THE AUTHORITY TO MAKE GRANT APPLICATIONS AND AMENDING THE PUEBLO MUNICIPAL CODE IN ACCORDANCE THEREWITH SUMMARY: Attached for consideration is an Ordinance providing the Mayor with the authority to make grant applications and amending the Pueblo Municipal Code in accordance therewith. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Each year the City submits hundreds of grant applications to federal, state, and local governments. A large part of the City’s funding comes from these grants, which help with everything from a new wildlife fence at the Airport to low-income housing. Currently, each grant application must go through Council and be approved by Resolution or Ordinance. This adds at least a month to the grant application process, where some grants are time sensitive. This Ordinance will allow the Mayor to submit grant applications on the City’s behalf, helping the City to obtain needed funds sooner. City Council will still have to accept and grant final approval for all grants. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance, all grant applications will continue to be approved by Council. RECOMMENDATION: Not applicable. Attachments: Proposed Ordinance