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HomeMy WebLinkAbout09855ORDINANCE NO. 9855 AN ORDINANCE AMENDING SECTIONS 1-1-5 AND 1-4-3 OF THE PUEBLO MUNICIPAL CODE AND AUTHORIZING THE USE OF ELECTRONIC SIGNATURES FOR MUNICIPAL DOCUMENTS WHEREAS, the COVID-19 pandemic has necessitated a reduction or elimination of in-person transactions and a rise in electronic transactions; WHEREAS, the “Electronic Signatures in Global and National Commerce Act,” 15 U.S.C. § 7001, et seq., and the Colorado “Uniform Electronic Transactions Act,” C.R.S. § 24-71.3-101 et seq., authorize a municipality or its instrumentalities, in relation to the administration of the affairs of the municipality or instrumentalities, to determine the extent to which it will create and retain electronic records and electronic signatures; WHEREAS, pursuant to City Charter § 4-3, the Mayor is the chief executive officer of the City with all executive and administrative powers, except as otherwise provided in the Charter; WHEREAS, City Council supports and authorizes the use of electronic signatures on authorized documents; 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 1-1-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-1-5. - Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions shall be observed, unless the context clearly indicates otherwise: . . . (8) The word signature includes any name, mark, or sign written with the intent to authenticate any instrument of writing, including any authorized facsimile or electronic signature. . . . SECTION 2. Section 1-4-3 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-4-3. - Execution of official papers; authorized signatures; attestation; ratification of existing papers. (a) The Mayor, or in his or her absence or inability to act, the Deputy Mayor, shall sign all ordinances, deeds, contracts, conveyances, licenses, warrants, bonds, coupons, and other instruments. All ordinances, contracts, licenses, warrants, bonds, coupons, and other instruments may be signed by facsimile signature, including electronic signature; provided, however, that no deed of conveyance of real property, lease, or instrument where facsimile signature is otherwise prohibited by law, shall be valid unless signed by a true signature, attested and sealed as herein provided. (b) The signature of the Mayor or Deputy Mayor shall be attested by the City Clerk, and the instrument shall be sealed with the seal of the City. The City Clerk may attest to the signature and seal the instrument via facsimile, including electronically, except where use of a facsimile is prohibited by law. (c) \[Warrants, coupons, licenses and such other instruments as the City Council, by resolution or ordinance, may direct, may be signed by facsimile signature; provided, however, that no deed of conveyance of real property or contract of more than one (1) year's duration shall be valid unless signed by the true signature, attested and sealed as herein provided.\] The Mayor may promulgate administrative regulations governing City usage of facsimile signatures, including electronic signatures, for signatures of City officials and staff authorized pursuant to Charter and this Pueblo Municipal Code. (d) All deeds, contracts, conveyances, or other instruments heretofore signed by the \[\[Mayor\]\] Mayor are hereby ratified and confirmed, the same as though duly authorized by the City Council prior to the signing thereof. SECTION 3. Nothing herein shall be construed to grant a City official or employee the authority to sign a document that said official or employee does not already have pursuant to the Charter or the Pueblo Municipal Code. A City official’s or employee’s acceptance of an electronic agreement or automated transaction does not bind the City thereto, unless such electronic agreement or automated transaction were first approved in accordance with the Charter and the Pueblo Municipal Code. SECTION 4. Nothing herein shall in any way alter or affect signature requirements or allow for electronic signatures with regards to election requirements, including but not limited to those governing nominations, ballots, petitions, referendums, and initiatives. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 6. 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 December 14, 2020. Final adoption of Ordinance by City Council on December 28, 2020 . President of City Council Action by the Mayor: ☒ Approved on December 30, 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-16 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Trevor Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SECTIONS 1-1-5 AND 1-4-3 OF THE PUEBLO MUNICIPAL CODE AND AUTHORIZING THE USE OF ELECTRONIC SIGNATURES FOR MUNICIPAL DOCUMENTS SUMMARY: Attached for consideration is an Ordinance amending Sections 1-1-5 and 1-4-3 of the Pueblo Municipal Code and authorizing the use of electronic signatures for municipal documents. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The COVID-19 pandemic has necessitated a reduction or elimination of in-person transactions and a rise in electronic transactions. If allowed to use electronic signatures, City officials and staff would be able to avoid certain in-person meetings and potential exposure, but Pueblo Municipal Code § 1-4-3 currently limits certain uses of facsimile signatures, including electronic signatures. The “Electronic Signatures in Global and National Commerce Act,” 15 U.S.C. § 7001, et seq., and the Colorado “Uniform Electronic Transactions Act,” C.R.S. § 24-71.3-101 et seq., authorize a municipality, in relation to the administration of the affairs of the municipality, to determine the extent to which it will create and retain electronic records and electronic signatures. This Ordinance seeks to amend Pueblo Municipal Code §§ 1-1-5 and 1-4-3 to allow for electronic signatures and the promulgation of administrative regulations governing their use. 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 not be amended and the use of electronic signatures for municipal documents will be limited. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance