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HomeMy WebLinkAbout09827ORDINANCE NO. 9827 AN EMERGENCY ORDINANCE AMENDING CHAPTER 5 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO PROVIDE THAT EMERGENCY DECLARATIONS ISSUED BY THE MAYOR UNDER THE PUEBLO MUNICIPAL CODE SHALL HAVE THE SAME DURATION DATES AS EMERGENCY DECLARATIONS ISSUED BY THE MAYOR PURSUANT TO STATE STATUTE WHEREAS, pursuant to the Colorado Disaster Emergency Act, C.R.S. 24-33.5- 701, et seq., on March 13, 2020, the Mayor entered an executive order declaring a local disaster within the City of Pueblo, as a result of the COVID-19 pandemic (hereinafter “State Law Declaration”); and WHEREAS, on October 29, 2020, pursuant to authority granted him under Section 11-5-3 of the Pueblo Municipal Code, the Mayor signed a Declaration of Civil Emergency (“Municipal Law Declaration’); and WHEREAS, the duration of the State Law Declaration does not match the duration of the Municipal Law Declaration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 5 of Title XI of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-5-6. Duration The state of civil emergency declared by the Mayor under this section shall be equal in length to the duration of the emergency declared by the Mayor and extended by the City Council pursuant to the Colorado Disaster Emergency Act, C.R.S. 24-33.5- 701, et seq., as amended (“Act”), or if no such declaration of emergency is made or extended under the Act, shall exist for a period of two (2) weeks, unless sooner rescinded, and may be extended for an additional period of two (2) weeks. 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. Savings Clause: The COVID-19 pandemic has been declared an emergency disaster by the Mayor and the Governor of Colorado. The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective on 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 November 23, 2020. Final adoption of Ordinance by City Council on November 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on November 25, 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 # S-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 23, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN EMERGENCY ORDINANCE AMENDING CHAPTER 5 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO PROVIDE THAT EMERGENCY DECLARATIONS ISSUED BY THE MAYOR UNDER THE PUEBLO MUNICIPAL CODE SHALL HAVE THE SAME DURATION DATES AS EMERGENCY DECLARATIONS ISSUED BY THE MAYOR PURSUANT TO STATE STATUTE SUMMARY: Attached is a proposed Emergency Ordinance which amends Section 11-5-4 of the Pueblo Municipal Code (“PMC”) to provide that the duration of emergencies declared by the Mayor pursuant to the PMC shall match the duration of emergencies declared by the Mayor under state law. PREVIOUS COUNCIL ACTION: See Background section below. BACKGROUND: The Mayor has signed two (2) emergency declarations in connection with the COVID-19 pandemic in the City of Pueblo. The first was issued under authority granted the Mayor under state statues. The second was signed as authorized by the Pueblo Municipal Code. Unfortunately, the duration dates of the emergency declarations do not match. Colorado Revised Statutes The Colorado Disaster Emergency Act, C.R.S. 24-33.5-701, et seq., grants authority to the Mayor to declare a local disaster. On March 13, 2020, Mayor Gradisar entered an executive order declaring a local disaster as a result of the COVID-19 pandemic (hereinafter “State Law Declaration”). On March 23, 2020, by Resolution No. 14387, the City Council extended the March 13, 2020 State Law Declaration signed by the Mayor regarding the COVID-19 pandemic. Pueblo Municipal Code On October 29, 2020, pursuant to authority granted him under PMC 11-5-3, the Mayor signed a fourteen-day Declaration of Civil Emergency (“Municipal Law Declaration’). On that same date, the Mayor also issued a fourteen-day City-wide curfew effective between the hours of 10:00 p.m. and 5:00 a.m. On November 12, 2020, pursuant to authority granted him under PMC 11-5-6, Mayor Gradisar extended the Municipal Law Declaration and the City-wide curfew by an additional fourteen days. The purpose of the attached Emergency Ordinance is to require the duration of the Municipal Law Declaration to be the same as the State Law Declaration. This change will prevent confusion by the public. FINANCIAL IMPLICATIONS: The enforcement of emergency declarations and curfews could cause the Pueblo Police Department to incur additional personnel costs. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: The City Council could allow State Law Declarations of Emergency and Municipal Law Declarations of Emergency to have different duration dates. RECOMMENDATION: Approve the Emergency Ordinance. Attachments: Proposed Emergency Ordinance