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HomeMy WebLinkAbout09649RESOLUTION NO. 9649 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, THE CITY COUNCIL OF THE CITY OF PUEBLO, AND THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Settlement Agreement dated as of July 22, 2002 between the City of Pueblo, a municipal corporation, the City Council of the City of Pueblo, and the Board of Water Works of Pueblo, Colorado, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Settlement Agreement in the name of the City for and on behalf of the City and the City Council and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED July 22, 2002 BY Al Gurule Councilperson APPROVED: resident of City Council ATTEST: City C Resolution No. 9649 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT entered into as of July 22 2002 by and between the City of Pueblo, a municipal corporation ( "City") acting by and through the City Council of City ( "City Council ") and the Board of Water Works of Pueblo, Colorado ( "Board "), WITNESSETH; WHEREAS, disputes have arisen between City Council and Board which the parties desire to resolve amicably. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Board and City Council agree as follows: 1. Civil action captioned Board of Water Works of Pueblo, Colorado v. City Council of Pueblo, Colorado, et al., Case Number 01 CV 1281, District Court, Pueblo County, Colorado, shall be dismissed without prejudice, each party paying their own costs and attorney fees. Board will not file any claim or action against the City Council or City arising out of the City Council's refusal on November 12, 2001, to adopt the amended extraterritorial water ordinance requested by the Board to be adopted. 2. City Council will not consider or adopt any ordinance submitting Charter amendments to a vote of the registered electors of the City of Pueblo at any election to be held during calendar year 2002 that amends or would amend Article 15 of the Charter of the City of Pueblo. 1 3. Board shall not during calendar year 2002 submit any ordinance to the City Council for approval or adoption. City Council will not adopt any ordinance during calendar year 2002 relating to the Board or its functions, 4. Effective January 1, 2003, Board shall, without charge to the City, install, maintain and provide water for all fire hydrants within Pueblo City limits and the Pueblo Memorial Airport Industrial Park which the Board and Fire Chief of City jointly deem necessary for public fire protection. Fire hydrants shall be installed (or caused to be installed) by the Board in public rights -of -way, City -owned property, or City- approved easements and connected to the Board's water mains. The Board and City will use the Insurance Services Office's guidelines to determine spacing of fire hydrants. Nothing contained in this paragraph shall require the Board to extend water mains to City -owned properties or properties or locations within the City limits not served by Board transmission and distribution mains. 5. City will pay the Board its past due charges in the amount of $87,622.83 for fire hydrants and will pay the current and future charges through December 2002 as approved in City's budget. City releases and discharges any and all claims it has or may have against the Board for fire hydrant charges over the past 40 years of $778,340.65, as suggested in the City Manager's letter of April 23, 2002. 6. In order to foster a harmonious relation between City Council and Board, each will designate two of their respective members as representatives who shall meet and discuss in good faith matters of interest and concern between City Council and the 2 7 Board. However, neither City Council nor Board shall be bound by any understanding reached among such representatives. Both City Council and Board acknowledge and understand that each body must formally approve any understanding or agreement between the City Council and Board. 7. This Agreement shall inure to the benefit of and be binding upon the City, City Council and the Board and their respective successors. No third party shall have any right or remedy under this Agreement and the terms and conditions of the Agreement and any remedies hereunder may be enforced only by City, City Council and the Board. Executed in Pueblo County, Colorado, the day and year first above written. BOARD OF WATER WORKS OF CITY OF PUEBLO PUEBLO, COLORADO By: /� ��' ' By: President President of.the City Council [SEAL) [SEAL] Attest: �_ Attest: Secretary Sity Clerk 3 7