HomeMy WebLinkAbout10770
City Clerk's Office Item # R14
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 26, 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, PROPOSED
AMENDMENTS TO SECTIONS 1-5, 2-6, 2-10, 3-9, 3-18, 3-19, 3-20, 3-
21, 6-1, 7-28, 8-12, AND 15-6 OF THE CHARTER OF THE CITY OF
PUEBLO AND FIXING THE BALLOT TITLE THEREFOR
SUMMARY:
This Ordinance is part of a larger modernization effort by City staff to amend the
Charter to remove or amend language which may be confusing, impractical or no
longer be relevant compared to when the Charter was adopted approximately 70 years
ago.
PREVIOUS COUNCIL ACTION:
Council has previously submitted to the eligible electors of Pueblo certain Charter
Amendments. The goal of this Ordinance is to amend outdated, impractical and
confusing language from the Charter.
BACKGROUND:
Attached is a proposed Ordinance referring to the registered voters of the City
proposed amendments to the City's Charter.
Section 1-5 and Section 3-20 changes the definition of Emergency Ordinance to include
advantage of certain grants or favorable financing terms by shortening action time by as
much as three weeks. An Emergency Ordinance can never be used to create a tax or
fee.
Section 2-6 clarifies how an elected office can be deemed vacant; previously,
resignation and election to another office would not automatically cause a vacancy and
Council would have to wait longer to be able to declare a vacancy and move to fill the
position.
Section 2-10 and Section 3-19 ends the requirement for newspaper publishing, as the
City no longer has a paper that is printed and published daily in the City of Pueblo.
Legal notices will instead be publ
will save the City at least $20,000 a year.
Section 3-9 will end the requirement that all contracts, to include memorandum of
understanding, memorandum of agreement, and small dollar contracts be approved by
way of ordinance. This amendment will return to the status quo ante prior to the City of
Pueblo adopting a mayor/council form of government.
Section 3-18 will amend the Charter to make future amendments to the municipal code
and Charter easier to understand. This amendment will end the use of \[brackets\] to
designate language that is being amended and instead use the modern
strikethrough strikethrough to denote language being removed.
Section 3-21 removes the requirement of an index book. The City Clerk currently
maintains a written paper index book. Digital search ability is more efficient and has
replaced the need for such a hard copy book.
Section 6-1 removes the requirement that the city attorney be a resident of the City of
Pueblo. The City Attorney is the only director required by Charter to live within the city
limits. Council recently removed the requirement that department directors be residents
of the City of Pueblo in order to attract a wider talent pool when positions become
vacant. This rationale applies equally to the City Attorney.
Section 7-28
a record (inventory) of non-expendable property owned by the City of Pueblo having a
unit cost in of $50.00 or greater. This low threshold value creates an undue burden on
the purchasing department. A change in the Charter will allow this value to be modified
based upon current economic conditions. Council will be able to determine by
ordinance the appropriate minimum unit cost of non-expendable property to be included
in said record.
Section 8-12 removes the Charter the requirement that City employees be required to
retire at age 65 or pass a physical and mental examination based upon the
requirements of their job. This provision is obsolete and likely contrary to federal law
prohibiting age discrimination. Council may address employment matters by ordinance
if necessary.
Section 15-6 removes the restriction that that Trustees or Commissioners of existing
water districts, or the Board of Water Works of Pueblo shall not enter into any contract
or purchase involving the expenditure of a sum in excess of $1,000.00), and instead
allows Council to set the maximum amount by way of ordinance, with the exception of
personal, professional or technical services not lending themselves to competitive
bidding, until a proposal for bids for the materials or services covered by such contracts
or purchase shall have been published.
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.
Passage of this Charter Amendment will save the City at least $20,000 a year in regard
to newspaper publishing requirements, and can potentially prevent significant financial
loss to the City. It will also include cost savings in staff time.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
lternative would keep the Charter in its current form.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None
ORDINANCE NO. 10770
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,
PROPOSED AMENDMENTS TO SECTIONS 1-5, 2-6, 2-10, 3-9,
3-18, 3-19, 3-20, 3-21, 6-1, 7-28, 8-12, AND 15-6 OF THE
CHARTER OF THE CITY OF PUEBLO 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, a proposed amendment 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 THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO UPDATE AND
MODERNIZE TERMS AND TECHNOLOGY REFERENCED WITHIN THE CHARTER, AND IN
CONNECTION THEREWITH: AMEND SECTION 1-5 TO INCLUDE SIGNIFICANT FINANCIAL
LOSS TO THE CITY IN THE DEFINITION OF EMERGENCY ORDINANCE; CLARIFY
SECTION 2-6 AS TO WHEN AN ELECTED OFFICE IS DEEMED VACANT; AMEND
SECTIONS 2-10 AND 3-19 TO ALLOW FOR PUBLICATION OF LEGAL NOTICES ON THE
-9 PROVIDING CITY COUNCIL MAY ENTER INTO
CONTRACTS AND LEASES; AMEND SECTION 3-18 TO CHANGE THE FONT USED WHEN
AMENDING THE CHARTER AND MUNICIPAL CODE; AMEND SECTION 3-20 TO INCLUDE
PREVENTION OF SIGNIFICANT FINANCIAL LOSS UNDER EMERGENCY ORDINANCES;
AMEND SECTION 3-21 TO REMOVE THE REQUIREMENT THAT A PAPER COPY OF
INDEXED ORDINANCES BE KEPT; AMEND SECTION 6-1 TO REMOVE THE RESIDENCY
REQUIREMENT FOR THE CITY ATTORNEY; AMEND SECTION 7-28 TO ALLOW THE UNIT
COST REQUIRED FOR EQUIPMENT-OWNED RECORD KEEPING TO BE SET BY
ORDINANCE; DELETE SECTION 8-12 TO REMOVE COMPULSORY RETIREMENT; AMEND
SECTION 15-6 TO ALLOW CONTRACT AND PURCHASE AMOUNT ALLOWED BY
TRUSTEES OR COMMISSIONERS OF WATER DISTRICTS TO BE SET BY ORDINANCE
AND ALLOWING PUBLICATION OF NOTICE ONLINE?
-- 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 1
General Provisions
Section 1-5. Definitions
Certain words and phrases, when used herein, are hereby declared to have the following
meanings:
a. n any Bureau, Department, Division, or other organizational unit in
the executive branch of city government;
b.
during a specified period of less than one year;
c.
funds a specified maximum sum for a specified purpose and during a specified time;
d. an the councilmen district;
for councilmen elected at large, it shall mean the City;
e.
(1) person, responsible directly to the Mayor. The heads of departments within the bureau are
directly responsible to the Bureau Head;
f. to any city office in
Pueblo;
g. definitely
recognized kind of employment in the Classified Service comprising positions that are so nearly
alike in duties and responsibilities that they can be equitably treated under similar conditions for
personnel purposes;
h. Reserved.
i.
covered by Civil Service;
j.
y subdivision of a department headed by one person
responsible directly to the Department Director;
l.
necessary to the preservation or protection of public health, property, or safety; or prevention
of significant financial loss to the City;.
m. ervice who are not officers;
n. Colorado and
common law to the extent that common law has been adopted in Colorado;
o.
to be officers;
p. on entitled to vote at a general municipal election,
if registered, and if not registered, otherwise eligible to vote; the term is synonymous with
qualified voter;
q. ll in the
twelve months immediately preceding the date of election have paid a City property tax on
property listed on the county assessment rolls;
r.
not covered by Civil Service.
ARTICLE 2
Municipal Officers
Section 2-6. - Elected Officers*
All elected officers shall continue to hold office until their successors are duly elected and
qualified unless the elective office is deemed vacant. An elective office shall become vacant
whenever any officer is recalled, resigns, is elected to another elected office, becomes
permanently incapacitated, either physically or mentally, and cannot perform the duties of his
office, or if a councilman absents himself from two (2) regular council meetings during any one
(1) calendar year without reasonable excuse, as determined by the rules of procedure of the
Council. Any officer after final conviction of a felony shall forfeit his office forthwith. If a
councilman elected from a district moves from such district during his term of office, his office is
automatically declared vacant. In the case of vacancy of a district council member, the Council
shall fill the vacancy by appointment of an eligible person from such district. In case of a
vacancy of a council member elected at large, the Council shall fill the vacancy by appointment
of an eligible person selected from the City at large.
Any vacancy in an elective office, except for the office of Mayor, shall be filled by
appointment of the Council. Any person appointed to fill a vacancy in an elective office shall
have the qualifications required of persons regularly elected and shall hold the office until the
next general municipal election when the vacancy shall be filled by election according to law
and until his successor is qualified. The term of office of any officer elected to fill a vacancy shall
terminate at the expiration of the term during which the vacancy occurred.
Any vacancy in the office of Mayor shall be filled in accordance with Section 4-11 of this
Charter.
Section 2-10. - Legal Notices-Publication
Whenever the Charter of Pueblo, any ordinance, rule or regulation, regularly adopted or
promulgated thereunder provides for publication of a legal notice, such notice, unless otherwise
provided for in said Charter, shall be published free of charge on the public website of the City
of Pueblo and may link the notices to any appropriate social media accounts of the local public
body \[at least once in a newspaper of wide distribution and general circulation, printed and
published daily in the City of Pueblo. The Purchasing Agent shall secure competitive bids for
publication of legal notices\].
ARTICLE 3
City Council
Section 3-9. - Power to Make Contracts
The Council may enter into contracts and leases on behalf of the Municipal Government
\[by ordinance only\]. All written contracts, to which the Municipal Government is a party, shall be
approved as to form by the City Attorney.
Nothing shall prevent making of contracts or spending of money for capital improvements
to be financed in whole or in part by issuance of bonds, nor making of contracts of lease or for
services for a period exceeding the budget year in which such contract is made.
Section 3-18. - Form of Ordinances*
Every ordinance, except the Annual Budget Ordinance and an ordinance making a
general codification of ordinances, shall be confined to a single subject which shall be clearly
expressed in its title. All ordinances shall be introduced in written or printed form. All ordinances
which amend existing ordinances shall set forth in full the section or subsection to be amended
and shall indicate matter to be omitted from the amended section or subsection by adding a
horizontal line through the omitted text\[enclosing the same in brackets\] and new matter by
underscoring. When published prior to enactment as specified in Section 2-10, or in accord with
Section 3-23, the same indications of omitted and new matter shall be used except that italics
may be substituted for underscoring. The enacting clause of all ordinances shall be: "BE IT
ORDAINED BY THE CITY COUNCIL OF PUEBLO". Unless another date is specified therein,
an ordinance shall take effect on the tenth day following its passage.
Section 3-19. Procedure for Passage*
An ordinance may be introduced at any regular meeting by any member of the Council or
any committee thereof. Upon introduction it shall be presented a first time, and a day and an
hour set at which the Council or a Committee shall hold a public hearing thereon. Such hearing
may be at a regular meeting of the Council or at such time and place where the Council may
order and may be adjourned from time to time. An ordinance, before its final passage, shall be
presented in at least two regular meetings of the Council, may be amended on either
presentation, and shall be published once \[in a newspaper of the City\] in such manner as may
be provided by this Chapter, at least ten (10) days before its final passage, except in case of a
public emergency as hereinafter provided.
Section 3-20. Emergency Ordinances
Emergency ordinances for the immediate preservation or protection of public health,
property or safety, or prevention of significant financial loss to the City may be introduced
at a regular meeting or at any special meeting provided the subject hereof has been included in
the notice of such meeting. An emergency ordinance shall be presented the first time and
published as provided in the case of other ordinances and may be read a second and final time
with or without amendment at any regular or special meeting subsequent to such publication.
An emergency ordinance shall contain a specific statement of the emergency, and shall require
the affirmative vote of a majority of the Council Membership for adoption as an emergency
measure. No ordinance making a grant or any franchise or any special privilege or creating a
tax or fee shall ever be passed as an emergency ordinance.
Section 3-21. - Disposition of Ordinances
The City Clerk shall present all ordinances approved by the Council to the Mayor within
forty-eight (48) hours of final passage. If the Mayor approves the ordinance as passed by the
Council, he or she shall sign it within five (5) days after receiving it. If the Mayor disapproves,
the ordinance shall be returned to the Council within five (5) days after with the Mayor's
objections in writing. If then five (5) of the Council members vote to pass the same over the
Mayor's veto at the next regular meeting of Council, it shall become an ordinance
notwithstanding the objections of the Mayor. If the mayor does not return the ordinance with
written objections within the time specified, it shall take effect as if the Mayor had approved it.
Ordinances shall be signed by both the Mayor and the President of the Council, or the President
of the Council in the case of veto override, both on the ordinance itself and in the ordinance
record. \[All ordinances of Pueblo shall be indexed by subject by the City Clerk in a book kept for
that purpose which shall be a public record.\]
ARTICLE 6
Department of Law
Section 6-1. - City Attorney - Appointment - Qualifications
There shall be a Department of Law, the Director of which shall be known as the City
Attorney. \[He\]They shall be \[a resident of the City of Pueblo, and\] a duly licensed attorney of
the State of Colorado for at least three years immediately prior to \[his\]their appointment, and
shall have been actively engaged in the practice of law during such three years. \[He\]They shall
receive such compensation as may be fixed by the Council.
ARTICLE 7
Finance Administration
Section 7-28. - Purchases*
There shall be established a Department of Purchases and Supplies, the Director of
which shall be the City Purchasing Agent, under jurisdiction of the Mayor. Pursuant to rules and
regulations established by ordinance, the Purchasing Agent shall contract for and purchase all
supplies, materials, equipment and contractual services required by any department, office or
agency of the City Government. He shall have the following powers and duties:
a. To establish and enforce with approval of the Mayor and after consultation with the
directors of the departments concerned, standard specifications for all supplies, materials and
equipment required by the City Government;
b. To prescribe the time of making requisitions for such supplies, materials and
equipment, and the future period which said requisitions are to cover;
c. To inspect, or cause to be inspected, all deliveries of such supplies, materials and
equipment, and to cause tests to be made when necessary in order to determine their quality
and conformance with the specifications;
d. To supervise and control such central storerooms as the Council may provide by
ordinance to serve the several departments, offices or agencies;
e. To supervise transfer of materials, supplies and equipment between departments or
agencies, as needed, after consultation with the department or agency heads concerned;
f. To sell those surplus articles no longer of use to the Municipality before their value is
lost through obsolescence, deterioration or spoilage, and to sell all scrap metals, materials or
equipment. At each sale a number of prospective buyers shall be asked to quote prices by
sealed bids and such articles shall be sold to the highest bidder, or the Purchasing Agent may
reject all bids;
g. To create and maintain a record of non-expendable property owned by the City of
Pueblo. The Equipment-Owned Record is to cover only those items of movable equipment
having the following characteristics:
(1) Having a unit cost in \[excess of $50.00\] an amount to be set by ordinance,
and such other items as the Purchasing Agent may prescribe;
(2) Shall include only those items of equipment not carried as a regular stock
item in the city storerooms;
h. To mark, or cause to be marked, with identification or number, all equipment owned
by the City of Pueblo to prevent misuse thereof;
i. To purchase at the expense of the City, Surety Bonds for all officers and employees of
the City required by law or ordinance to furnish such bonds to the City, and insurance of such
types against liability, loss or damage on the part of the City or its property as the Council, upon
recommendation of the Mayor, may authorize, and be responsible for collection of insurance
benefits and other matters relating to the administration of the City's insurance.
ARTICLE 8
Personnel Administration
Section 8-12. Reserved. \[Compulsory Retirement
Compulsory retirement ages for city employees shall be: sixty (60) years for the Police
and Fire Departments, and sixty-five (65) years for all other city employees.
As of the effective date of this Charter, present employees of the Fire and Police
Departments who are fifty-five (55) years of age, or older, may at their discretion, continue in
such employment for an additional five (5) years. Employees of all other city departments who
are sixty (60) years of age or older may at their discretion continue in such employment for an
additional five (5) years. Such employees desiring to continue employment for an additional five
(5) years must pass once each year a physical and mental examination based upon the
requirements of the job they are holding at such time.
Certain exceptions to the compulsory retirement age for city employees may be
permitted within the following limitations: Upon reaching the retirement age, such employees
who desire to continue employment beyond the compulsory retirement age shall be required to
pass a physical and mental examination based upon the requirements of the job they are
holding at such time and upon passing such examination, conducted under supervision of the
Civil Service Commission, may apply to have such employment continued for a two-year period.
Nothing herein shall prevent the continuance of such employment upon passing the proper
examination for additional periods of one year in each instance until reaching the age of seventy
(70).\]
ARTICLE 15
Water and Water Works
Section 15-6. - Contracts*
No contract shall be entered into, and no purchase shall be made by the Trustees or
Commissioners of the existing water districts, or by the Board of Water Works of Pueblo,
involving the expenditure of a sum in an amount to be set by ordinance \[excess of One
Thousand Dollars ($1,000.00)\], except for personal, professional or technical services not
lending themselves to competitive bidding, until a proposal for bids for the materials or services
covered by such contracts or purchase shall have been \[advertised by one publication in a daily
newspaper of general circulation in Pueblo\]published at least ten days prior to the making of
such contract or purchase.
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 August 12, 2024.
Final adoption of Ordinance by City Council on August 26, 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
________________________________
Deputy City Clerk