Loading...
HomeMy WebLinkAbout09251RESOLUTION NO. 9251 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY RELATING TO ORTHOPHOTO IMAGERY THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: Section 1 The intergovernmental agreement between the City of Pueblo and Pueblo County regarding the orthophoto imagery, a copy of which is attached, is hereby approved. INTRODUCED March 26 , 2001 ATTEST: City rk Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: March 26, 2001 DEPARTMENT: Office of the City Manager/Planning Department TITLE A Resolution approving an intergovernmental agreement between the City of Pueblo and Pueblo County relating to orthophoto imagery. ISSUE At the February 26, 2001, City Council Meeting, $50,000 was appropriated to participate in a partnership with Pueblo County, Excel Energy, and Utilicorp United for an updated aerial photo of the City and County of Pueblo. The disbursement of those funds was contingent upon the approval of an intergovernmental agreement between the City and County as to the use of that photo. This intergovernmental agreement provides that the City will pay up to $50,000 as its share of the new photos. The City will have the full use of the new imagery provided by the photos and the City may distribute, license, and sell this data. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT None. The $50,000 for the photo was already allocated on February 26, 2001. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2001, nunc pro tunc, March 1, 2001, by and between the City of Pueblo, a Munici al Corporation, organized and existing under the constitution and laws of the state of Colorado (herein "City ") and Pueblo County, Colorado, a political subdivision of the state of Colorado, organized and existing under the constitution and laws of the state of Colorado (the "County ") WITNESSETH: Whereas, Art. XIV, sec. 18 (2)(a) and (b) of the Colorado Constitution and the Colorado Intergovernmental Relationships statute contained in §29 -1 -201 et. seq. C.R.S., authorize political subdivisions to cooperate and contract with one another, including the establishment of a separate legal entity, to provide any function, service or facility lawfully authorized to each of the contracting units, including the sharing of costs, if such contract sets forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the contracting parties. Whereas, the County, acting by and through the Pueblo County GIS Center, solicited proposals for an aerial photo- mission and subsequent data processing to complete its photogrammetry project; and Whereas, the AeroMetric, Inc., was the successful bidder and will perform the aerial photo- mission and subsequent data processing for the cost of $198,345.00, and Whereas, to defray the cost of the project the GIS center solicited the City of Pueblo, Utilicorp United, Inc., and Xcel Energy as partners with Pueblo County to contribute funding in the amount of $50,000.00 each; and Whereas, the contributions by Xcel Energey and Utilicorp Untied, Inc., are fixed at $50,000.00. The City and the County will share equally in the remaining cost, however the City's cost shall not exceed $50,000.00; and Whereas, the County is willing to allow the City to acquire certain rights to use the County's imagery for the price and consideration for their contribution. Now, Therefore, in consideration of the promises and mutual covenants contained herein, the County agrees to sell and the City agrees to purchase the OrthoPhoto imagery, for City purposes, on the following terms and conditions. The City agrees to pay the County an amount not to exceed $50,000 as consideration for the full use, but non - exclusive ownership rights, to the new imagery, which the County will incorporate into the County's GIS database information. 2. The City may distribute, license and sell the 2001 OrthoPhoto data without restriction, as they deem necessary or beneficial. The County will manage the project to completion and the County will retain ownership rights to the data that are identical to the City's. 4. This Agreement constitutes the entire agreement between the City and the County with respect to the subject matter hereof, and shall not be amended, altered or modified except by a separate written document signed by the parties hereto. 5. This Agreement shall be binding on and inure to the benefit of the parties to it. Any delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. 6. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States mail, postage prepaid, to the other party at the following addresses: Pueblo County Attn: Dan Mauro, Director, Information Systems 320 W. 10 St., Ste. B Pueblo, Colorado 81003 (719)583 -6039 and City of Pueblo Attn: Catherine Green, Transportation Planning 1 City Hall Place Pueblo, Colorado 81003 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: By - I Y� A C11(ii • he Boa ATTEST: �l City rk U: \ICS \BPMSCITY ORTHOPHOTO.DOC PUEBLO COUNTY, COLORADO Board of County Commissioners CITY OF UEB , By: — - P e ident o the City Council