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
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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