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City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 14, 2021
TO: President Lawrence W. Atencio and Members of City Council
VIA: Marisa Stoller, City Clerk
CC: Mayor Nicholas A. Gradisar
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTION 2 OF CHAPTER 5 OF TITLE II OF THE
PUEBLO MUNICIPAL CODE TO PROVIDE THAT THE PUEBLO ENERGY
ADVISORY COMMISSION SHALL ELECT ITS CHAIRMAN AND OTHER
OFFICERS
SUMMARY:
Attached is a proposed Ordinance which amends PMC 2-5-1 et seq. to provide that the Pueblo
Energy Advisory Commission (“Commission”) shall elect its chairman and other officers.
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.
On March 22, 2021, by Ordinance No. 9902, City Council reactivated the Commission which had
become inactive for many years.
BACKGROUND:
Ordinance No. 9902 gave the Mayor the authority to appoint the Chairman of the Commission.
City Charter Sec. 2-5 provides that “All boards and commissions shall choose their own chairmen
. . .” The attached Ordinance gives the Commission the authority to elect its Chairman and other
officers, as required by the City Charter.
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 not to adopt the attached Ordinance.
RECOMMENDATION:
The Mayor and City staff recommend the adoption of the proposed Ordinance.
Attachments:
Proposed Ordinance.
ORDINANCE NO. 9959
AN ORDINANCE AMENDING SECTION 2 OF CHAPTER 5
OF TITLE II OF THE PUEBLO MUNICIPAL CODE TO
PROVIDE THAT THE PUEBLO ENERGY ADVISORY
COMMISSION SHALL ELECT ITS CHAIRMAN AND OTHER
OFFICERS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 2 of 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
Sec. 2-5-2. - Establishment, membership and funds - Pueblo Energy Advisory
Commission.
(a) There is hereby created the Pueblo Energy Advisory Commission as an
advisory commission to the Mayor. 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 in the community and equally
representative of the consumer interest. The Mayor shall appoint, subject to
confirmation by the City Council, the members of the Commission for terms of four (4)
years. The \[Mayor\] Commission shall select a chairman and \[the Commission shall
select\] 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.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance to implement 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.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 14, 2021 .
Final adoption of Ordinance by City Council on June 28, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on June 30, 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
City Clerk