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HomeMy WebLinkAbout10553ORDINANCE NO. 10553 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND REVEREND PAUL ELDER AND THE CHRISTIAN GROWTH CENTER, INC., RELATED TO SETTLEMENT OF UNITED STATES DISTRICT COURT OF COLORADO ACTION NO. 22-CV-00460-CNS-MDB BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Settlement Agreement and Mutual Release of Claims (“Agreement”), attached hereto, between the City of Pueblo, a Colorado municipal corporation, and Reverend Paul Elder and The Christian Growth Center, Inc., (the “Church”), having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described herein. SECTION 4. 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 September 11, 2023. Final adoption of Ordinance by City Council on September 25, 2023. ____________________________ President of City Council Action by the Mayor: ☐ Approved on _______________. ☐ 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 # R3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 2023 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 ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND REVEREND PAUL ELDER AND THE CHRISTIAN GROWTH CENTER, INC., RELATED TO SETTLEMENT OF UNITED STATES DISTRICT COURT OF COLORADO ACTION NO. 22-CV-00460-CNS-MDB SUMMARY: This Ordinance approves and authorizes the Mayor to sign a Settlement Agreement and Mutual Release of Claims formalizing the settlement reached in United States District Court of Colorado Action no. 22-cv-00460-CNS-MDB concerning use by the Church of an RV on Church premises for its RV Evangelist Ministry. PREVIOUS COUNCIL ACTION: No prior Council action exists with respect to this matter. BACKGROUND: Reverend Paul Elder and The Christian Growth Center, Inc., filed a Complaint in the Pueblo County District Court on January 27, 2022, which was removed to the United States District Court of Colorado, Case No. 22-cv-00460-CNS-MDB, asserting claims against City, arising out of the City’s enforcement of the City’s RV Ordinance against the Church’s RV Evangelist Ministry. Both sides are desirous of settling the litigation before it proceeds further. In order to do so, the attached Settlement Agreement and Mutual Release of Claims (“Agreement”) must be approved by the City Council. The attached Agreement is recommended by both outside legal counsel and CIRSA as a reasonable settlement of this matter. The Agreement requires the City to pay the sum of Forty Thousand Dollars ($40,000) to the Church. In addition, it suspends the enforcement of the City’s RV ordinance (P.M.C. § 17-4-27) against the Church while it remains at its current location, and dismisses a Municipal Court action previously brought for violation of the ordinance. The Church’s RV Evangelist Ministry will be subject to periodic inspections by the City to ensure the health, safety, and welfare of the public. Should the Church relocate, any new site shall be subject to approval by the City. FINANCIAL IMPLICATIONS: The Settlement Agreement and Mutual Release of Claims requires the City to pay the sum of Forty Thousand Dollars ($40,000) to the Church. In addition, the agreement will require staff time and resources as necessary for the City to perform inspections of the RVs used in the Evangelist Ministry. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to approve the Settlement Agreement and Mutual Release of Claims. If this occurs, the litigation will continue in federal district court. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Settlement Agreement and Mutual Release Christian Growth Center