HomeMy WebLinkAbout09902ORDINANCE NO. 9902
AN ORDINANCE AMENDING CHAPTER 5 OF TITLE II OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO
ENERGY ADVISORY COMMISSION
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 II of the Pueblo Municipal Code, as amended, is hereby amended to
read as follows:
CHAPTER 5 - Pueblo Energy Advisory Commission \[on Energy\]
Sec. 2-5-1. - Declaration of policy.
This Chapter is enacted to provide an entity through which the City may officially
encourage and bring about better and more effective use of energy in all its forms within the City
\[and to aid in the development of contingency plans as may be necessary in the event of
emergency energy shortages,\] to enable the City to reach its goal of 100 % renewable energy
by 2035 and to also monitor franchise agreements and Public Utility Commission
proceedings with respect to energy, insofar as they impact the City.
Sec. 2-5-2. - Establishment, membership and funds - Pueblo Energy Advisory Commission \[on
Energy\].
(a) There is hereby created the Pueblo Energy Advisory Commission \[on Energy\] as
an advisory commission to the Mayor. \[City Council\] The Commission shall consist of not less
than ten (10) nor more than fifteen (15) members to serve without compensation, who are
broadly representative of the energy-related interests \[industries\] in the community and equally
representative of the consumer interest. The Mayor \[City Council\] shall, \[by resolution,\] appoint
the members of the Commission for terms of four (4) years. The Mayor \[Commission\] shall select
a chairman and \[such\] the Commission shall select such other offices as it may determine
necessary from among its members. All such Mayoral appointments shall be subject to
confirmation by the City Council.
(b) The expense for carrying on the Commission's activities shall be paid out of the
funds of the City as might be appropriated for such purpose by the City Council.
Sec. 2-5-3. - Functions of the Commission.
The functions of the Commission shall be to promote Pueblo’s goal of 100% renewable
energy by 2035, \[foster the concept of energy conservation and understanding among the
citizens of the City, and\] to encourage and disseminate information as may be appropriate to this
purpose; to cooperate with state and federal agencies and nongovernmental organizations having
like or kindred functions; to make such investigations and studies in the field of energy
conservation as in the judgment of the Commission will aid in effectuating its general purpose;
and to recommend programs, activities and legislation to the City Council to carry out the functions
of the Commission.
Sec. 2-5-4. - Powers and duties.
The powers and duties of the Commission shall be as follows:
(1) To advise the City \[Council\] in regard to energy matters.
(2) To act as a clearing house for information on energy, its uses, regulation
and development.
(3) To, at the direction of the \[City Council\] Mayor, hold hearings, request
without the power of subpoena the attendance of witnesses, hear the statements of any
interested person, and request without the power of subpoena the production of any
evidence relating to any matter under investigation or in question.
(4) To make periodic reports to the City \[Council\] on its activities.
(5) To develop a community awareness program as to the results of effective
conservation practices.
(6) To advise the City with respect to matters before the Public Utilities
Commission that may impact the City of Pueblo. \[To consult and cooperate with the
various governmental and private agencies, including the Board of Education, in
developing courses of instruction for presentation in public and private schools, public
libraries, museums and other suitable places.\]
(7) To monitor compliance with energy franchise agreements in the City
of Pueblo and to make recommendations with respect thereto to the City.
(8) To submit an annual report to the Mayor and City Council.
\[(8)\](9) To adopt, amend and rescind such rules and regulations for the operation
of the Commission as are consistent with the powers and duties of the Commission as
expressly granted herein.
Sec. 2-5-5. - Findings and recommendations.
The Commission after the completion of any investigation or hearing shall make a report
in writing setting forth the facts found by it and its recommendations to the Mayor \[City Council\]
and other organizations or parties involved.
Sec. 2-5-6. - Appointment by staff.
The Commission shall have no regular staff or personnel unless specifically authorized by
the City Council by resolution.
Sec. 2-5-7. - Relation to City departments and agencies.
All departments of the City are to cooperate with the Commission and furnish information
or documents from a department which is within the purview of the Open Records Act of the State
or other applicable statutes. All other information or documents may be furnished at the discretion
of the Mayor. \[or City Council.\] All requests for information or documents shall be at the official
request of the Commission and not by any individual member of the Commission.
SECTION 2.
The officers and staff of the City are authorized 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 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 March 8, 2021 .
Final adoption of Ordinance by City Council on March 22, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on March 24, 2021 .
□ 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
Acting City Clerk
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 8, 2021
TO: President Lawrence W. Atencio and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Mayor Nicholas A. Gradisar
SUBJECT: AN ORDINANCE AMENDING CHAPTER 5 OF TITLE II OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE PUEBLO ENERGY ADVISORY
COMMISSION
SUMMARY:
Attached is a proposed Ordinance which amends PMC 2-5-1 et seq. pertaining to the Pueblo
Energy Advisory Commission.
PREVIOUS COUNCIL ACTION:
The Pueblo Commission on Energy was created on March 28, 1977 by Ord. No. 4299. Minor
amendments to the City statute were made on January 25, 1982 by Ord. No. 4936; on July 23,
1984 by Ord. No. 5165 and on June 11, 2018 by Ord. No. 9296.
BACKGROUND:
The Pueblo Commission on Energy was created in 1977 but has since become inactive. The
attached Ordinance will revitalize the Commission and will update the City statute to bring it into
compliance with the change in the City Charter to a Mayor/City Council form of government.
FINANCIAL IMPLICATIONS:
The attached Ordinance will not create any new fiscal obligations on the part of the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this ordinance.
STAKEHOLDER PROCESS:
Not applicable to this ordinance.
ALTERNATIVES:
The City Council could decide to maintain the status quo and not adopt the attached Ordinance.
RECOMMENDATION:
The Mayor recommends the adoption of the proposed Ordinance.
Attachments:
Proposed Ordinance.