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HomeMy WebLinkAbout08525 ORDINANCE NO. 8525 AN ORDINANCE APPROVING AN AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT AND REPEALING ORDINANCE NO. 4888 RELATING THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Amended and Restated Agreement dated June 1, 2012 between the City of Pueblo, a Municipal Corporation and the Board of County Commissioners of the County of Pueblo establishing the Pueblo Regional Building Department under the authority of Section 29-1-203, C.R.S., a copy of which is attached hereto and incorporated herein as if set out in full (the “Agreement”), having been approved by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby directed and authorized to execute said Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. SECTION 3. Ordinance No. 4888 approved on final presentation on July 27, 1981 is hereby repealed as of the effective date of said Agreement. INTRODUCED: October 9, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: October 22, 2012 Background Paper for Proposed ORDINANCE DATE: October 9, 2012 AGENDA ITEM # R-5 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE APPROVING AN AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO ESTABLISHING THE PUEBLO REGIONAL BUILDING DEPARTMENT AND REPEALING ORDINANCE NO. 4888 RELATING THERETO ISSUE Should the City Council approve an Amended and Restated Agreement with Pueblo County establishing and governing the operation of the Pueblo Regional Building Department? RECOMMENDATION Approve the Ordinance. BACKGROUND The City and Pueblo County established the Pueblo Regional Building Department (“PRB”) by an IGA in 1981, which has been amended several times. This Ordinance approves a new IGA which incorporates the prior amendments and makes the following changes:  Allows the PRB’s Commission to establish the budget without approval by City Council and County Commissioners as required by the former agreement but not followed. However, should any budget involve funding by the City or County, then such approval is required.  Allows issuance of bonds with City Council and County Commissioners approval, provided that neither the City nor County will have any repayment obligation on the bonds. FINANCIAL IMPACT None anticipated. AMENDED AND RESTATED AGREEMENT PUEBLO REGIONAL BUILDING DEPARTMENT THIS AMENDED AND RESTATED AGREEMENT ( "Restated Agreement ") is made and entered into as of June 1, 2012, by and between the CITY OF PUEBLO, a Municipal Corporation, (hereinafter "City ") and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, (hereinafter "County "). WHEREAS, it has been determined that a regional building department would best serve the citizens of the City and of the County and would promote the public health, safety and welfare of the region; and WHEREAS, the City and the County have and intend to adopt nearly identical building codes, to regulate and control all building construction, including but not limited to building, electrical, mechanical, heating, plumbing and other construction related activities, as well as dangerous buildings and property maintenance, (collectively, the "Codes ") in the City of Pueblo and in unincorporated Pueblo County ; and WHEREAS, it has been determined that joint facilities, personnel, committees and boards should be used and maintained for the administration and enforcement of each such building code; and WHEREAS, the parties hereto previously entered into an agreement dated August 10, 1981, creating the Pueblo Regional Building Department (the "Original Agreement "); and WHEREAS, the Original Agreement has been amended and is further amended by this Restated Agreement and this Restated Agreement constitutes a restatement of the Original Agreement as it exists as of the effective date hereof. NOW, THEREFORE, IT IS AGREED: 1. There is hereby established a joint facility, function and service under the authority of Section 29 -1 -203, C.R.S. (as amended), which shall be known as the Pueblo Regional Building Department, (hereinafter "Department "). The function and responsibility of the Department shall be the administration and enforcement of the Codes of the City and the County. 2. The governing body of the Department shall be known as the Regional Building Commission, (hereinafter "Commission "). The Commission shall consist of nine members: four appointed by the City Council of City, one of whom shall be a City councilperson; four appointed by the County, one of whom shall be a County commissioner; and one jointly appointed by the City and the County. The Members of the Commission on the effective date of this Restated Agreement shall continue in office for the remainder of the term for which they were appointed. The members of the Commission shall be appointed for staggered terms of three years, except that the term of a City councilperson or a County commissioner shall expire when such person ceases to be a City councilperson or a County commissioner, whichever the case may be. Any member may be removed with or without cause by the party who appointed such member. In the event of a vacancy, the party who appointed such member shall promptly appoint a successor member to fill the unexpired term of the vacant position. The Department shall be a body politic and corporate, a separate and independent governmental and legal entity within the meaning of the intergovernmental cooperation provisions of the Colorado Constitution and statutes, and a "public entity" within the meaning of the Colorado Governmental Immunity Act, and shall have the power to sue and be sued. 3. The Commission shall have and may exercise any and all of the following powers: (a) Provide for general supervision, administration and establish policy direction to the Department. (b) Appoint the Building Official of the Department who shall serve at the pleasure of the Commission. (c) Prepare or cause to be prepared the annual budget of the Department, and adopt same after public hearing, reflecting estimates of revenues and expenditures for the coming calendar year and to appropriate and expend funds in accordance with the budget; provided, however, that no budget shall be adopted which requires supplemental funding from either the City or County or both without prior approval of such budget by the City Council and Board of County Commissioners. (d) Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. (e) To lease property and office space for a term not to exceed five years to perform the duties and functions that have been delegated to it by the City and the County. The Commission shall be authorized to execute lease agreements and other necessary documents to rent such property and office space, and to expend funds from its approved budget to lease property and office facilities. (f) To purchase property and to construct a building to meet its future office and facility needs. Prior to acquiring property and constructing a building to carry out its functions and duties, the Commission shall obtain the written approval of the City Manager and the Chairman of the Board of County Commissioners concerning the location of such property and the size and financing of the construction of the building for the Department. If either the City Manager or Chairman of the Board of County Commissioners does not approve in the Commission's property acquisition and building plans, such proposals shall be referred to the City Council and the Board of County Commissioners for final review and approval. (g) Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governance and administration of the Department. (h) Meet at least monthly at a regular time to be established by the By -Laws of the Commission. (i) Meetings of the Commission shall be public meetings subject to Section 24- 6- 401,et seq C.R.S.(as amended) (j) Contingent upon authorization and approval by both the City Council and Board of County Commissioners, to issue or reissue revenue bonds, notes or other obligations payable from the revenues derived from the functions, services, or facilities of the Department. The terms, conditions, details, sale and payment of such bonds, notes or other obligations, the procedures relating thereto, the pledge of revenues, and the refunding thereof shall be set forth in the Ordinance of the City Council and Resolution of the Board of County Commissioners authorizing said bonds, notes, and other obligations. The powers granted by this section to the Department shall not in any manner modify, limit or affect, either directly or indirectly, the powers and authorities of the City or the County conferred by statute, charter or any other law. Notwithstanding anything in this subsection, neither City nor County shall have any repayment obligation for any such bonds. (k) The Department shall constitute an enterprise for purposes of Section 20 of Article X of the Colorado Constitution as long as the Department retains the authority to issue revenue bonds as provided in section 3 (j) above and receives under ten percent (10 %) of annual revenue in grants from all Colorado state and local governments combined. So long as the Department constitutes an enterprise, the Department and all spending and revenue relating thereto including but not limited to fees and charges shall not be subject to any of the provisions of Section 20 of Article X of the Colorado Constitution. (1) To make and enter into contracts. (m) To obtain liability and casualty insurance. (n) To appoint, hire and retain employees and independent agents, contractors, engineers and attorneys. (o) To fix and from time to time increase or decrease fees, rates or charges for providing copies of public records as provided by law. (p) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers hereby granted. 4. The employees of the Department shall be responsible, through the duly appointed Building Official, to the Commission. The Commission shall be solely responsible for determining the number, compensation and benefits of Department employees and their functions and duties. 5. The Commission may establish a retirement benefit program for its employees. Employer contributions to the Public Employees Retirement Association or other retirement benefit program shall be paid by the Department as an expense of the Department. 6. The parties agree that to the extent possible each will adopt Codes as nearly uniform as possible, and to that end each party will meet and confer with one another and seek recommendations from the Department before amending or adopting all applicable Codes. All license, building permit, plan review fees and inspection fees for activities within the City shall be established as provided by ordinance or resolution of the City Council; all such license, permit, plan review and inspection fees for activities within the unincorporated County shall be as established by resolution of the Board of County Commissioners. 7. The Department is charged with the administration of Codes of the City and of the County, except any applicable fire codes, including without limitation: (a) Licensing or registration of building trade contractors, masters, and journeymen as defined in the respective Codes. (There shall be a single license or registration required to do work authorized by such license or registration within the City and the County and all contractors shall furnish any bonds or insurance required by the City and County before being so licensed); (b) Collection of all fees authorized for Codes administered by the Department; (c) Checking of plans for Code compliance and issuance of building permits; (d) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. (e) Building regulations adopted by the County for the unincorporated areas of Pueblo County shall not apply to agricultural buildings. (f) The Department may contract with other incorporated municipalities, if any, to provide for the administration of building and construction Codes as adopted by said other governmental entity for application within its corporate boundary. 8. The Department is charged with enforcement of the Codes as adopted by the City and by the County (except fire codes). 9. Zoning and subdivision administration shall be the responsibility of each contracting party and not of the Department. 10. RESERVED. 11. RESERVED. 12. There is hereby created for each of the electrical, plumbing, mechanical and building Codes a Board of Review consisting of five members (except for the electrical board which will consist of six members to be appointed by the City and the County acting as individual bodies but in agreement. The members shall be appointed for staggered terms of three years. 13. The function and composition of each Board of Review are as follows: (a) Electrical. The Electrical Board of Review is vested with the authority to issue, suspend or revoke licenses or registrations, not regulated by the state of Colorado, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted electrical code. The Electrical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as an electrical engineer, two Colorado licensed electrical contractors, two Colorado licensed journeyman electricians, and an electrical engineer or journeyman electrician who is an employee of an electric utility company doing business in the City or County of Pueblo. (b) Plumbing. The Plumbing Board of Review is vested with the authority to issue, suspend or revoke licenses or registrations, not regulated by the state of Colorado, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted plumbing code. The Plumbing Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, two Colorado Licensed plumbing contractors, and two Colorado licensed journeyman plumbers. (c) Mechanical. The Mechanical Board of Review is vested with the authority to issue, suspend or revoke licenses or registrations, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted mechanical code. The Mechanical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, two contractors licensed under the adopted mechanical code or licensed gas installation contractors, and two licensed journeyman gas fitters or sheet metal workers or persons experienced in performing work under the mechanical code. (d) Building. The Building Board of Review is vested with the authority to issue, suspend or revoke licenses or registrations, make reasonable interpretations, grant minor variances, hear appeals, and review performance or work under the adopted building code and such other minor or secondary building Codes as the City or the County have adopted or may hereafter adopt. The Building Board of Review shall be composed of a professional engineer registered in Colorado who specializes in the field of structural design, an architect registered in Colorado, two licensed general contractors (one of whom shall be classified as unlimited), and a licensed journeyman in the building trades industry or a person experienced in performing work under the building code. 14. All inspectors for the electrical and plumbing codes shall be Colorado licensed masters in the building trades industry and experienced in performing work under the applicable code. Each inspector for the mechanical and building codes shall be certified by the International Code Council (ICC) as a residential inspector before date of hire, and be certified as a commercial inspector within a stated period of time, not to exceed six months, as determined by the Commission, after commencing employment. Mechanical and building inspectors shall also be experienced in performing work under the applicable code. The Department shall establish and implement a program for continued education and training for all inspectors. Each major code shall have a chief inspector whose interpretation under such code shall be final unless appealed to the Board of Review for such code. The Building Official shall be the chief inspector under the adopted building code and such other minor or secondary building and construction Codes as the City or the County have or may hereafter adopt with authority to designate another qualified employee of the Department as such chief inspector. 15. The Building Official shall, subject to the general supervision of the Commission, its adopted policies, and this Restated Agreement, be the chief executive and administrative officer of the Department, supervise all Department employees, maintain reports and records, act as Secretary to the Commission and each Board of Review and maintain permanent records of their meetings, and account for all fees and other monies collected by the Department. 16. (a) Any person aggrieved by any ruling, decision, interpretation, or order of the Building Official or of a Chief Code Inspector shall have the right to appeal to the appropriate Board of Review by filing a written appeal with the Building Official within ten (10) calendar days from the date of the ruling, decision, interpretation, or order. If such a notice is filed, the appropriate Board of Review shall set a time and place for a hearing, and by certified mail or personal service notify the party filing the appeal. The date of hearing shall be not more than thirty (30) calendar days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The majority vote of the members of the appropriate Board of Review shall affirm, modify, or reverse any appealed ruling, decision, interpretation or order. The appropriate Board of Review may permit variance from the strict terms and provisions of the applicable code if such variance can be made without increasing the hazards to health or safety of persons or property and when the granting of such variance will not violate the intent and purposes of such code. Mere inconvenience to the applicant shall not be grounds for the granting of such variance. (b) Within twenty -eight (28) days after the entry of any decision or order of a Board of Review, the Building Official, Department, or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by order of Court. (c) Each Board of Review is empowered to determine the suitability of alternate materials and types of installations under its code and is also empowered to recommend to the City and the County new legislation relating to its code. (d) Each Board of Review shall meet as often as may be necessary for the proper performance of its duties. Each Board shall be empowered to adopt reasonable rules and regulations for conducting its meetings and affairs. A quorum of a Board shall consist of a majority of all of its members. Each Board shall elect a chairman and co- chairman annually and maintain permanent records of all its proceedings. 17. The Commission shall have custody and control of all movable equipment including without limitation automobiles, office equipment, furniture, fixtures and accessories. Such equipment shall be leased or purchased with revenues of the Department. In the event of termination of this Restated Agreement, such equipment shall be offered to the City and the County in quantities as much as they shall desire at cost less depreciation. Any movable equipment remaining shall be offered at public sale to the highest offer and the proceeds distributed equally between the City and the County. All remaining assets shall be divided between the City and the County in direct proportion as the valuation of all construction work performed in each entity's jurisdiction was to the valuation of all work performed in the entire area under the jurisdiction of the Department for the final calendar year. 18. The Commission shall from time to time recommend to the City Council and the Board of County Commissioners adoption or amendment of the reasonable schedule of fees to be paid under the Codes for the issuance of permits, registrations, and licenses to perform construction, reconstruction, remodeling, alteration, demolition, or other work which is subject to the respective adopted Codes. It is the declared intention of this Restated Agreement that such fees and the methods of computing such fees should be uniform in the City and unincorporated County. It is acknowledged, however, that costs of services rendered in the different jurisdictions may vary and therefore the fees established by the City Council and Board of County Commissioners may provide for addition to the cost of inspection fees charges for mileage, travel time, and other necessary expenses incurred. It is the intention of the City and County that the Department shall be self supporting but not profit making and that the fees bear a reasonable relationship to the costs of administration of the Codes. 19. All monies received by the Department shall be placed in a special fund from which all operating expenses of the Department shall be paid. Accounts shall be kept of fees paid for permits within the City and the County. 20. Amendments. This Restated Agreement may be amended upon approval of both the City by ordinance and the County by resolution. 21. Effective Date. This Restated Agreement shall become effective upon the last to occur of the following: execution by the City and County, final passage an approval of an ordinance of the City approving this Restated Agreement, and passage of a resolution by the Board of County Commissioners approving this Restated Agreement. In the event of termination of this Restated Agreement or the abolishment of the Department all such respective books and records shall be returned to the City and County. Neither this Restated Agreement nor any provision herein contained shall constitute a repeal or be deemed to repeal any Ordinance or Resolution duly adopted by either the City or the County; nor shall this Restated Agreement prohibit or preclude either the City or County from exercising their separate legislative or quasi - judicial powers relating to the matters covered by this Restated Agreement or the enforcement of any Ordinance or Resolution relating to same. Nothing in this Restated Agreement shall be deemed to modify, amend or repeal any action duly taken by the Commission under and pursuant to the Original Agreement. 22. Term — Termination. This Restated Agreement shall be in force and effect until December 31, 2013, and shall continue in full force and effect from year to year thereafter unless terminated by one party giving the other party written notice of its intention to terminate at least six (6) months before the end of the calendar year, such termination to be effective on December 31 of the year in which notice is given. r ` v 23. Agreement — Validity. If any provision of this Restated Agreement shall be determined to be invalid, such determination shall not affect the validity of the other provisions hereof. 24. Miscellaneous. This Restated Agreement shall be governed by and construed in accordance with the laws of the state of Colorado. This Restated Agreement may be executed in counterparts and when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same agreement. CITY OF PUEBLO, a Municipal Corporation By i/ /ALB' 'r- side of the City Council ATTEST: City erk APPROVED AS TO FORM: City Attorney THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO COLORADO By Chairman ATTEST: County Clerk APPROVED AS TO FORM: County Attorney