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Home My WebLink About09697 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 23, 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 AMENDING SECTION 1-11-3 OF THE PUEBLO MUNICIPAL CODE IN ACCORDANCE WITH SECTION 3-9 OF THE AMENDED CITY OF PUEBLO CHARTER, REQUIRING ALL CONTRACTS BE APPROVED BY ORDINANCE SUMMARY: Attached for consideration is an Ordinance amending Section 1-11-3 of the Pueblo Municipal Code to comply with the amended Charter requirement that all contracts be approved by Ordinance. PREVIOUS COUNCIL ACTION: Ordinance No. 9296, amending the Pueblo Municipal Code in accordance with the Mayoral Charter amendment, was passed by City Council on June 11, 2018. BACKGROUND: On November 7, 2017, the voters of the City of Pueblo, by passing Ballot Issue 2A by a 52% - 48% margin, changed the form of government of the City from a Council-City Manager format to a Mayor-Council format. Ballot Question 2A adopted numerous changes to the City Charter for the purpose of changing the City’s Chief Executive Officer from City Manager to Mayor. The Charter amendment required corresponding changes to the Pueblo Municipal Code, which were largely made through Ordinance No. 9296 passed on June 11, 2018. The change to Section 1- 11-3 of the Pueblo Municipal Code is in line with the amended Charter, requiring that all contracts be approved by Ordinance and not by Resolution. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will be inconsistent with the amended City Charter. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9697 AN ORDINANCE AMENDING SECTION 1-11-3 OF THE PUEBLO MUNICIPAL CODE IN ACCORDANCE WITH SECTION 3-9 OF THE AMENDED CITY OF PUEBLO CHARTER, REQUIRING ALL CONTRACTS BE APPROVED BY ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 1-11-3 of Chapter 11 of Title I of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-11-3. - Powers of the City Council. (a) The City Council has the power by ordinance: (1) To sell and dispose of public buildings, real property used for park purposes or other real property used for any governmental purpose upon such terms and conditions as the City Council may determine, provided that the City Council finds and determines that such sale and disposition is in the best interest of the City. (2) To dedicate or abandon streets, alleys or other public highways. (b) The City Council has the power, by \[resolution\] ordinance adopted at any regular meeting of the City Council, upon such terms and conditions as the City Council may determine: (1) To sell and dispose of any real or personal property, or any combination thereof, owned by the City, including land acquired from the federal government, except real property used for any governmental purpose which shall be by ordinance. (2) To lease any real or personal property, or any combination thereof, together with facilities thereon, owned by the City, including entering into management agreements therefor. (3) To purchase, acquire or lease real or personal property, or any combination thereof, for any governmental or proprietary purpose. (4) To enter into lease-purchase agreements in order to provide necessary land, buildings, equipment and other property for any governmental or proprietary purpose; provided, however, that: a. Payments required under any lease-purchase agreement in any subsequent fiscal year shall be contingent upon funds for that purpose being appropriated and budgeted. b. The duration of any lease-purchase agreement, including all optional renewal terms, shall not exceed the weighted average useful life of the assets being financed. In the case of a lease-purchase agreement involving both real property and other property, the lease-purchase agreement shall provide that the real property involved shall be amortized over a period not to exceed its weighted average useful life, and the other property shall be separately amortized over a period not to exceed its weighted average useful life. This provision shall not prevent the City from releasing property from a lease-purchase agreement pursuant to an amortization schedule reflecting the times when individual pieces of property have been amortized. \[(c) The provisions of Subsection (b) above shall not prevent the City Council from exercising any of the powers therein specified by ordinance.\] SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 23, 2020 . Final adoption of Ordinance by City Council on April 13, 2020 . President of City Council Action by the Mayor: ☒ Approved on April 14, 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