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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.