HomeMy WebLinkAbout11283ORDINANCE NO. 112 83
AN ORDINANCE APPROVING THE FORM OF A ROOFTOP
PUBLIC SAFETY CAMERA LICENSE AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND PROPERTY OWNERS FOR THE
PLACEMENT OF PUBLIC SAFETY CAMERAS ON ROOFTOPS
WITHIN THE CITY AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the City of Pueblo, through the Pueblo Police Department, operates a public
safety camera program that uses solar-powered, self-contained camera units to investigate
unlawful activity within the City; and
WHEREAS, the effectiveness of the program depends on the ability to place camera
units on rooftops of private property with the owner's consent, on standard terms that protect
the property owner, the City, and the public interest in law enforcement records; and
WHEREAS, Section 3-9 of the City of Pueblo Charter requires that contracts to which
the City is a party be entered into by Council by ordinance only, and that every written contract
be approved as to form by the City Attorney; and
WHEREAS, the City Council finds that approving the form of Agreement attached as
Exhibit A and authorizing the Mayor to execute that form with individual property owners
satisfies Section 3-9 of the Charter, because the Council itself approves the contract by this
Ordinance and each execution is an administrative act on Council-approved terms; and
WHEREAS, the City Council finds that approval of the Agreement in this form allows the
Police Department to deploy the camera program at operational speed while preserving
Council oversight of the terms on which the City places its equipment on private property;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The form of the Rooftop Public Safety Camera License Agreement (the "Agreement")
between Pueblo, a Colorado Municipal Corporation, on behalf of its Police Department, and
property owners within the City, a copy of which is attached hereto as Exhibit A, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute the Agreement in the name of the City with any
property owner who agrees to its terms, without further action by City Council. The City Clerk is
directed to affix the seal of the City to each executed Agreement and attest same. Each
Agreement executed under this Ordinance shall be filed with the City Clerk within ten (10)
business days after execution.
SECTION 3.
No material term of the Agreement may be varied in any executed instrument without the
prior written approval of the City Attorney. Non-material changes limited to the identification of
the property owner, the address of the premises, the description and location of the equipment
on the roof, and the mounting method described in Exhibit A to the Agreement are not material
for purposes of this Section.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached Agreement to effectuate the policies and
procedures described therein.
SECTION 5.
If any provision of this Ordinance is held invalid or unenforceable, the remaining
provisions shall continue in full force and effect.
SECTION 6.
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 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026.
____________________________
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 # S11
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:September 28, 2026
TO:President Mark Aliff and Members of City Council
CC:Mayor Heather Graham
VIA:Clyde Bishop, City Clerk
FROM:Chris Noeller, Chief of Police
SUBJECT:AN ORDINANCE APPROVING THE FORM OF A ROOFTOP PUBLIC
SAFETY CAMERA LICENSE AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
PROPERTY OWNERS FOR THE PLACEMENT OF PUBLIC SAFETY
CAMERAS ON ROOFTOPS WITHIN THE CITY AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving the form of a Rooftop Public Safety Camera
License Agreement and authorizing the Mayor to execute the approved form with
property owners who agree to host a City-owned, solar-powered, self-contained camera
unit on the roof of their property. The Pueblo Police Department operates a public
safety camera program that uses these units to investigate unlawful activity. Approval of
the form of Agreement in a single Ordinance allows the Department to enroll individual
property owners on the Council-approved terms without returning to Council for each
site.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
City of Pueblo Charter Section 3-9 requires Council approval by ordinance for every
contract to which the City is a party. Approving the form of Agreement by ordinance and
authorizing execution on that approved form satisfies Section 3-9 while allowing the
Police Department to deploy the camera program at operational speed. Each executed
license will use the Council-approved form without material variation.
Under the Agreement, the property owner grants the City a non-exclusive, revocable
license to place a single solar-powered, wireless, self-contained camera unit on the
roof, using a ballasted, non-penetrating mount. The City owns the equipment, draws no
utilities from the property, and pays no rent. Either party may terminate on thirty days
written notice, and the City may remove the equipment at any time. The Agreement
does not bind a successor owner of the property.
The City owns and controls all recorded images and data. The cameras do not record
audio. Records are handled as passive surveillance records under C.R.S. Section 24-
72-113: the City may not access a record more than one year old absent a claim,
accident, crash, or specific incident that may cause it to become evidence, and each
record must be destroyed by the third anniversary of its creation unless retention is
authorized by statute. The City remains custodian of the records under the Colorado
Open Record s Act and the Colorado Criminal Justice Records Act, and all requests are
processed by the City.
Governmental immunity is preserved. The City is self-insured through the Colorado
Intergovernmental Risk Sharing Agency (CIRSA), and the property owner is not
required to carry any insurance covering the equipment or its presence on the roof.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City. The Agreement carries no rent, fee, or
other compensation in either direction.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the Police Department cannot deploy cameras on
private rooftops without bringing a separate ordinance to Council for each individual site
license, which is impracticable at program scale.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Background - Rooftop Camera
2. Ordinance - Rooftop Camera
3. Rooftop Camera License Agreement Exhibit A