HomeMy WebLinkAbout10582ORDINANCE NO. 10582
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
10058 TO AUTHORIZE THE MAYOR TO ENLARGE THE TIME
FRAME WITHIN WHICH THE MAYOR MAY DECLARE
TEMPORARY HOUSING AND SHELTER EMERGENCIES
BEFORE NOVEMBER 1ST OF EACH YEAR SUBJECT TO
COUNCIL RATIFICATION
WHEREAS, due to global warming, extreme cold night temperatures, which pose
significant dangers to the health of the City’s homeless persons, have and may continue to
occur prior to November 1st of each year; and
WHEREAS, temporary overnight warming shelters may be needed prior to November
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 to allow the Mayor to declare temporary housing and shelter emergencies
for the City’s homeless residents before November 1st of each year, subject to subsequent
ratification of the temporary housing and shelter emergency by City Council through resolution.
Except as amended hereby, Ordinance No. 10058, as previously amended, 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 October 1, 2023.
SECTION 4.
The Mayor is hereby authorized to declare temporary housing and shelter emergencies
for the City’s homeless residents on or before October 1st of each year effective and nunc pro
tunc October 1, 2023.
SECTION 5.
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 October 10, 2023.
Final adoption of Ordinance by City Council on October 23, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on October 25, 2023 .
☐ 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
October 10,2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: George Hypolite, City Attorney
SUBJECT: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10058
TO AUTHORIZE THE MAYOR TO ENLARGE THE TIME FRAME
WITHIN WHICH THE MAYOR MAY DECLARE TEMPORARY HOUSING
AND SHELTER EMERGENCIES BEFORE NOVEMBER 1ST OF EACH
YEAR SUBJECT TO COUNCIL RATIFICATION
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
st
homeless residents prior to November 1 of each year, subject to ratification by City
Council.
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.
On November 14, 2022, City Council enlarged this authority from December 1st to
November 1st.
BACKGROUND:
Due to a warming climate, extreme cold night temperatures, which pose significant
dangers to the health of the City’s homeless persons, may infrequently occur prior to
November 1st of each year. Temporary overnight warming shelters may be needed
prior to November 1st for the City’s unhoused residents.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
A “no action” alternative would prevent the Mayor from declaring a temporary housing
and shelter emergency before November 1st of each year.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None