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ORDINANCE NO. 10326
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
10058 TO ENLARGE THE TIME FRAME WITHIN WHICH THE
MAYOR MAY DECLARE TEMPORARY HOUSING AND
SHELTER EMERGENCIES FROM DECEMBER 1ST TO
NOVEMBER 1ST OF EACH YEAR
WHEREAS, extreme cold night temperatures, which pose significant dangers to the
health of the City’s homeless persons, have occurred and will continue to occur prior to
December 1st of each year; and
WHEREAS, temporary overnight warming shelters will be needed prior to December 1st
of each year for the City’s unhoused residents. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City of Pueblo hereby declares that a housing and shelter emergency currently
exists for the City’s homeless residents and that the City’s homeless citizens do not have
current access to appropriate warming shelters to protect their health against dangerous
temperatures when they are outdoors at night.
SECTION 2.
Ordinance No. 10058, dated November 22, 2021, shall be and hereby is amended to
enlarge and expand the time frame within which the Mayor may declare temporary housing and
shelter emergencies for the City’s homeless residents from December 1st to November 1st of
each year. Except as amended hereby, Ordinance No. 10058 is hereby ratified and shall remain
in full force and effect.
SECTION 3.
Savings Clause: 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 nunc pro tunc November 1, 2022.
SECTION 4.
Due to the emergency status of this Ordinance, the publication requirements set forth in
City Charter Sec. 3-19 shall be and hereby are waived for this Ordinance.
SECTION 5.
The Mayor is hereby authorized to declare temporary housing and shelter emergencies
for the City’s homeless residents effective and nunc pro tunc November 1, 2022.
SECTION 6.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 14, 2022.
Final adoption of Ordinance by City Council on November 14, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on November 17, 2022 .
□ 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 # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 14, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Daniel C. Kogovsek, City Attorney
SUBJECT: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10058
TO ENLARGE THE TIME FRAME WITHIN WHICH THE MAYOR MAY
DECLARE TEMPORARY HOUSING AND SHELTER EMERGENCIES
FROM DECEMBER 1ST TO NOVEMBER 1ST OF EACH YEAR
SUMMARY:
Attached is a proposed Emergency Ordinance which expands the time frame within
which the Mayor may declare temporary housing and shelter emergencies for the City’s
homeless residents from December 1st to November 1st of each year.
PREVIOUS COUNCIL ACTION:
On November 22, 2021, by Ordinance No. 10058, City Council authorized the Mayor,
when temperatures reach dangerous levels between December 1st and March 31st of
each year, to declare temporary housing and shelter emergencies for the City’s
homeless residents and also allowed buildings utilized by the City’s churches,
synagogues, mosques, temples and other religious institutions to be used as temporary
warming shelters for the City’s homeless population during such temporary
emergencies. The City’s Zoning, Fire and Building Code ordinances and regulations in
conflict with such use were temporarily suspended during such temporary emergencies.
BACKGROUND:
Extreme cold night temperatures, which pose significant dangers to the health of the
City’s homeless persons, have occurred and will continue to occur prior to December
1st of each year. Temporary overnight warming shelters will be needed prior to
December 1st for the City’s unhoused residents.
FINANCIAL IMPLICATIONS:
On October 24, 2022, by Ordinance No. 10305, City Council approved and authorized
the Mayor to sign a Subrecipient Agreement with the Crazy Faith Street Ministry, a
Colorado nonprofit corporation (“CFSM”) for the purpose of CFSM’s operation of a
temporary homeless shelter when temporary housing and shelter emergencies are
declared by the Mayor. The attached ordinance could lead CFSM to request an
increase in the number of approved overnights beyond the currently approved 20
overnights.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
A “no action” alternative would keep December 1st as the beginning date of each year
for the Mayor to declare temporary housing and shelter emergencies.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None