HomeMy WebLinkAboutbocc.res.001.2021EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS ("BOCC") OF PITKIN
COUNTY, COLORADO, RATIYING THE PITKIN
COUNTY MANAGER'S ACTION ON A DECLARATION
IMPLEMENTING A LOCAL EMERGENCY DISASTER
DUE TO THE BLACK HILLS NATURAL GAS OUTAGE
RESOLUTION NO. 001-2021
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board of
County Commissioners ("BOCC") not requiring ordinance power on matters of significant
importance affecting citizens, and;
WHEREAS, Pursuant to Section 2.8.5 of the HRC the Board is authorized to approve
emergency resolutions, which shall become effective immediately upon adoption, and;
WHEREAS, on December 27, 2020, Pitkin County experienced a natural gas outage that
affected the City of Aspen and parts of rural Pitkin County, and;
WHEREAS, pursuant to C.R.S. 24-33-5-709(1) a local disaster may be declared only by the
principal executive officer of a political subdivision, and;
WHEREAS, on December 28, 2020, the Pitkin County Manager declared an Emergency
Declaration if a need were to exist to shelter the vulnerable populations for multiple days
because of cold temperatures; and
WHEREAS, on January 4, 2021 by Emergency Resolution, the BOCC ratified the County
Manager's Emergency Declaration and set a confirmatory reading and public hearing on the
resolution for January 27, 2021, and;
WHEREAS, the BOCC finds that approval of this resolution is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this resolution effective immediately pursuant to the HRC Section 2.8.5.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts an Emergency Resolution of the Board of
County Commissioners Ratifying the Pitkin County Manager's Emergency Declaration
Implementing a Local Disaster due to the Black Hills Natural Gas Outage and authorizes
the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to
form, execute any other associated documents necessary to complete this matter.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON
THE 4th DAY OF JANUARY 2021 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE 27th DAY OF JANUARY, 2021.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE 14th DAY OF JANUARY 2021.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE 14th DAY OF JANUARY 2021.
CONFIRMED AT A PUBLIC HEARING ON THE 27th DAY OF JANUARY 2021.
POSTED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HEARING, ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com
ON THE 28th DAY OF JANUARY 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY
PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE 4th DAY OF
FEBRUARY, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By jugAkifft. jus
By:
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date: Jan -28-2021
APPROVED AS TO FORM: MANAGER APPROVAL
tArkti �T
Pis du-hct,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
Revised 01-01-2021
2
Resolution No. 001-2021
EMERGENCY DECLARATION
WHEREAS, Pitkin County, Colorado (the "County") has experienced a natural gas outage that is
affecting the City of Aspen and a portion of the unincorporated areas of Pitkin County; and
WHEREAS, a need may exist to shelter the vulnerable populations for multiple days because of
the cold temperatures; and
WHEREAS, the COVID19 pandemic has been affecting the county since March 2020; and
WHEREAS, the normal shelter options are not available and/or safe because of the
Christmas/New Year's holiday week and COVID19.
WHEREAS, the cost of sheltering with the above constraints may be outside of the County and City's
available resources; and
WHEREAS, pursuant to C.R.S. 24-33.5-709(1) a local disaster may be declared only by the principal
executive officer of a political subdivision. It shall not be continued or renewed in excess of seven days
except by or with the consent of the governing board of the political subdivision; and
WHEREAS, the effect of a declaration of local disaster emergency is to activate the response and
recovery aspect of any and all applicable local and inter jurisdictional disaster and emergency plans and
to authorize the furnishing of aid and assistance under such plans. C.R.S. 24-33 .5-709(2).
NOW THEREFORE, BE IT DECLARED by the County Manager of Pitkin County, Colorado:
THAT, a local emergency is hereby declared due to the potential funding gap and potential need for
specialized resources.
THAT, this Declaration shall be promptly filed with the Pitkin County Clerk and Recorder and with the
Office of Emergency Management.
THAT, this Declaration is necessary for the public health, safety and welfare of the Citizens is and
Visitors of the County of Pitkin, State of Colorado.
DECLARED this 28th day of December, 2020 at 2:00 P.M.
COUNTY OF PITKIN, STATE OF
COLORADO, By and Through
Jon Peacock, COUNTY MANAGER
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