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HomeMy WebLinkAbout08777ORDINANCE NO. 8777 AN ORDINANCE RESCINDING RESOLUTION NO. 11114; RESOLUTION NO. 11183; RESOLUTION NO. 12620 AND RESOLUTION NO. 12686 AND RECOGNIZING PUEBLO SISTER CITIES, INC. AS AN INDEPENDENT COLORADO NON-PROFIT CORPORATION WHEREAS, on September 24, 2007, by Resolution NO. 11114, the Pueblo City Council approved an Intergovernmental Agreement (“IGA”) with Pueblo County, Colorado which confirmed and ratified the then-existing Sister City Commission; and WHEREAS, on December 31, 2007, by Resolution NO. 11183, the Pueblo City Council approved Amendment No. 1 to the IGA with Pueblo County which expanded membership in the Sister City Commission from twelve (12) to sixteen (16) members; and WHEREAS, on March 25, 2013, by Resolution No. 12620, the Pueblo City Council approved changing the name of the Sister City Commission to the Sister Cities Commission; and WHEREAS, on June 10, 2013, by Resolution No. 12686, the Pueblo City Council approved the By-Laws of the Sister Cities Commissions; and WHEREAS, on August 25, 2014, Pueblo Sister Cities, Inc. was formed as an independent non-profit corporation under the laws of the State of Colorado; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following Resolutions of the Pueblo City Council shall be and hereby are rescinded: Resolution No. Date of Resolution 11114 09-24-07 11183 12-31-07 12620 03-25-13 12686 06-10-13 SECTION 2. The City of Pueblo hereby recognizes Pueblo Sister Cities, Inc. as an independent Colorado non-profit corporation. Said organization shall administer the Sister Cities program and activities in the City and County of Pueblo, and shall operate independently from the City of Pueblo. The City of Pueblo shall not appoint members to the Board of Directors of said corporation. Said board members shall be selected independently as outlined in the corporation’s by-laws. SECTION 3. Pueblo Sister Cities, Inc. is not a component unit of the City of Pueblo nor a local governmental unit affiliated with the City of Pueblo. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final approval. INTRODUCED: September 8, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: September 22, 2014 City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 8, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE RESCINDING RESOLUTION NO. 11114; RESOLUTION NO. 11183; RESOLUTION NO. 12620 AND RESOLUTION NO. 12686 AND RECOGNIZING PUEBLO SISTER CITIES, INC. AS AN INDEPENDENT COLORADO NON-PROFIT CORPORATION SUMMARY: The attached Ordinance makes clear that the previously established Sister Cities Commission is not a component unit of City Government or a local governmental unit affiliated with the City. PREVIOUS COUNCIL ACTION: On September 24, 2007 by Resolution No. 11114, City Council approved an Intergovernmental Agreement (“IGA”) with Pueblo County which confirmed and ratified the then-existing Sister City Commission. On December 31, 2007, by Resolution No. 11183, City Council approved Amendment No. 1 to the IGA with Pueblo County which expanded the membership of the Sister City Commission from twelve (12) to sixteen (16) members. On March 25, 2013, by Resolution No. 12620, the City Council approved changing the name of the Sister City Commission to the Sister Cities Commission. On June 10, 2013, by Resolution No. 12686, City Council approved the By-Laws of the Sister Cities Commission. BACKGROUND: A question has arisen regarding the City of Pueblo’s compliance with the Colorado Audit Law, C.R.S. 29-1-601 with respect to the Sister Cities Commission. Upon the recommendation of the City’s Finance Department and Law Department, on August 25, 2014, Pueblo Sister Cities, Inc. was incorporated as an independent Colorado non-profit corporation. On that same date, Pueblo Sister Cities, Inc. received its EIN from the IRS. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: City staff have met with representatives of the Pueblo Sister Cities organization regarding that group’s reorganization as an independent non-profit organization. ALTERNATIVES: Maintenance of the status quo which continues the uncertainty regarding the filing requirements of the Sister Cities organization with the office of the State Auditor. RECOMMENDATION: Approval of this Ordinance. Attachments: Proposed Ordinance