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HomeMy WebLinkAbout13146RESOLUTION NO. 13146 A RESOLUTION APROVING A POPE BLOCK OPERATING ACCOUNT AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE 1992-2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND TO SAID ACCOUNT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council finds and determines that the expenditure of funds from the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund, for the purpose of maintaining the Pope Block building and keeping said building available for use by future primary job employers, meets and complies with the criteria and standards established by Ordinance No. 7836 and will create employment opportunities justifying the expenditure of public funds. SECTION 2. The City Manager and the City’s Finance Director are authorized to establish a Pope Block Operating Account for the purpose of depositing rent receipts and the payment of operating expenses for the Pope Block building. Funds in the initial amount of $100,000 are hereby authorized to be transferred out of the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund (“Half-Cent Sales Tax Fund”) to the Pope Block Operating Account. Thereafter, the City Manager and the City’s Finance Director are authorized and directed to transfer funds out of the City’s Half-Cent Sales Tax Fund as are necessary to maintain the Pope Block building SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution, which are necessary or appropriate to effectuate the transactions described herein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: _ January 12, 2015 BY: Ami Nawrocki City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 12, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING A POPE BLOCK OPERATING ACCOUNT AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE 1992-2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND TO SAID ACCOUNT SUMMARY: Attached is a resolution which authorizes the City Manager, City Finance Director and City staff to establish a Pope Block Operating Account and authorizes the transfer of funds from the 1992-2016 Sales And Use Tax Capital Improvement Projects Fund (“Half-Cent Sales Tax Fund”) to the Pope Block Operating Account.. PREVIOUS COUNCIL ACTION: On January 27, 2014 by Resolution No. 12888, City Council approved the acquisition by the City of the Pope Block from the PEDCO Foundation for a purchase price of ten dollars. BACKGROUND: The Pope Block was acquired from QualMed, Inc., a Delaware corporation and Foundation Health Systems, Inc., a Delaware corporation on August 5, 1999 when title to the property was placed in the name of the PEDCO Foundation, Inc., a Colorado non-profit corporation (“Foundation”). Since 1999, the Foundation has leased portions of the property to various tenants (including Receivables Management Services, Inc.) who have entered into employment agreements with the City. The Foundation’s operating expenditures for the Pope Block have exceeded the rent collected from tenants. The revenue shortfall has been paid by funds from the Half-Cent Sales Tax Fund. Because the operating expenses of the Pope Block were being paid by the City from the Half-Cent Sales Tax Fund, the City agreed with the Foundation that the Pope Block should be transferred to the City. It is anticipated that the operating expenditures for the Pope Block will continue to exceed the rent collected from tenants. The Pope Block continues to be an attractive site for the location of new primary job employers in the City. Therefore, it remains appropriate for the City to use Half-Cent Sales Tax Funds to maintain the Pope Block, as allowed by the Criteria Ordinance. FINANCIAL IMPLICATIONS: The City will be liable for the operating expenses of the Pope Block to the extent that such expenditures exceed the amount of rent collected. Under the Criteria Ordinance found at Sec. 14-4-85.1 of the Municipal Code, any “shortfall” is eligible for payment from the Half-Cent Sales Tax Fund. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Failure to create and fund an operating account for the Pope Block building will make transparency and accountability more difficult for the Pope Block building. RECOMMENDATION: Approve the Resolution. Attachments: None.