The URL can be used to link to this page

Home My WebLink About10755ORDINANCE NO. 10755 AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSED AMENDMENT TO SECTIONS 3-5 AND 5-2 OF THE CHARTER OF THE CITY OF PUEBLO SETTING THE MAXIMUM PENALTY FOR VIOLATION OF THE CHARTER AND PUEBLO MUNICIPAL CODE AND FIXING THE BALLOT TITLE THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on November 5, 2024, proposed amendments to the Charter of the City of Pueblo, more particularly set forth in Section 3 of this Ordinance. SECTION 2. This ballot title (submission clause and title) for the proposed Charter Amendment set forth in Section 3 hereof is hereby fixed and adopted as follows: BALLOT QUESTION NO. ____ - CHARTER AMENDMENT (_______________) SHALL SECTIONS 3-5 AND 5-2 OF THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO UPDATE THE CHARTER TO ALLOW CITY COUNCIL TO SET BY ORDINANCE THE MAXIMUM PENALTY TO BE IMPOSED BY MUNICIPAL COURT CONSISTENT WITH COLORADO REVISED STATUTES? -- YES -- NO SECTION 3. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on November 5, 2024, an amendment to the Charter of the City of Pueblo, as follows: (brackets indicate matter being deleted, underscoring indicates new matter being added) ARTICLE 3 City Council Section 3-5. General Powers The Council shall have the power to adopt all ordinances, resolutions or other legislation conducive to the welfare of the people of the City and not inconsistent with this Charter, and the Council shall not perform any executive functions except those functions assigned to the Council by this Charter. The Council shall: a. Have all legislative powers of municipal government conferred by general law, except as provided in this Charter. The Council shall act only by ordinance in matters of legislation or appropriations, or when actin by ordinance is otherwise required by this Charter, by ordinance, or by general law; and may act by ordinances or resolutions in other matters. When Council expresses opinions, principles, facts or propositions, it shall be in the form of a resolution \[;\]. b. Provide for penalties for violations of its ordinances. No fines or imprisonments shall exceed the following limits: Fines, \[one thousand dollars ($1,000.00)\] such amount set forth in Section 13-10-113, C.R.S., as amended; imprisonment, one (1) year; or a combination of both fine and imprisonment within the designated limits. The amount by which any fine exceeds three hundred dollars ($300.00 is dedicated to graffiti control and removal and other law enforcement activities as determined by Council. c. Not be otherwise limited in its punitive or enforcement measures. d. Approve compensation for boards, commissions and all employees in the Classified and Unclassified Service. e. Have the discretion to investigate any agency and the official acts of any officer or employee thereof, and may compel by subpoena attendance and testimony of witnesses and production of books and documents. f. Establish and adopt by ordinance or resolution five-year goals and one-year objectives for the City, which goals and objectives shall be reviewed and revised annually by the Council. In doing so, Council shall consult with the Mayor, seek advice from appropriate boards and commissions, and hold one or more public hearings before adopting or revising the goals and objectives of the City. g. Hire the personnel necessary to enable the Council to adequately perform its duties \[;\]. h. Not interfere in executive appointments or removals except for the purpose of confirmation on appointments. The Council and its members shall deal with the administrative service solely through the Mayor and neither the Council nor any member thereof shall give orders to any subordinates of the Mayor either publicly or privately. Council shall not interfere in the removal of heads or directors of bureaus, departments, city employees, or Mayor-appointed boards and commissions. i. Faithfully execute and comply with all laws, ordinances, regulations and resolutions of the City and all laws of the State of Colorado and the United States of America which apply to the City. ARTICLE 5 Municipal Court Section 5-2. - Penalty for Violation Any person who shall violate any of the provisions of this Charter for the violation of which no punishment has been provided herein, shall be deemed guilty of an offense, and upon conviction thereof shall be punished by a fine in an amount set by ordinance not exceeding such amount set forth in Section 13-10-113, C.R.S., as amended \[one thousand dollars ($1,000.00)\] or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Other punitive or enforcement measures as adopted by the City Council shall be enforced. SECTION 4. The City Council does hereby find, determine and declare that the ballot title set forth in Section 2 hereof fairly expresses the true meaning and intent of the referred Charter amendment. SECTION 5. The officials of the City are authorized and directed to take all actions necessary, appropriate or required to implement the provisions of this Ordinance. The City Clerk is directed to publish notice of election of the proposed Charter Amendment in conformity with the provision of C.R.S. 1-7.5-101 et seq. and C.R.S. 31-2-210(4) and to certify the Ballot Title to the Pueblo County Clerk and Recorder no later than sixty days before the November 5, 2024 coordinated election, as provided by C.R.S. 1-5-203(3) and C.R.S. 31-2-210 (3.5). SECTION 6. This Ordinance shall become effective upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 22, 2024. Final adoption of Ordinance by City Council on August 12, 2024. ____________________________ 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 12, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, A PROPOSED AMENDMENT TO SECTIONS 3-5 AND 5-2 OF THE CHARTER OF THE CITY OF PUEBLO SETTING THE MAXIMUM PENALTY FOR VIOLATION OF THE CHARTER AND PUEBLO MUNICIPAL CODE AND FIXING THE BALLOT TITLE THEREFOR SUMMARY: Attached is a proposed Ordinance referring to the registered voters of the City proposed amendments to the City's Charter. PREVIOUS COUNCIL ACTION: Sections 3-5 and Section 5-2 of the City Charter were last amended in 2008. BACKGROUND: This Ordinance is part of a larger modernization effort by City staff to amend the Charter to make it consistent with state statute. In 2013, the Colorado legislature increased the maximum amount of allowable fines in municipal courts from $1,000 to $2,650. This Ordinance proposes to amend the Charter to bring fines levied by Municipal Court in line with fines allowed pursuant to C.R.S. § 13-10-113. The new Charter provision allows maximum fines to be set by City Council Ordinance. This will provide more flexibility and allow Council to determine fines as deemed appropriate up to the maximum amount allowed by state statute. FINANCIAL IMPLICATIONS: Financial implications include the cost of placing this Ordinance along with other proposed Charter amendments on the ballot at the 2024 Special Election. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: None. ALTERNATIVES: maximum fine allowed to $1,000.00. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None