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HomeMy WebLinkAbout14108RESOLUTION NO. 14108 A RESOLUTION APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO TRANSIT, A COLORADO NON-PROFIT CORPORATION, RELATING TO THE OPERATION OF THE CITY’S PUBLICLY-OWNED MASS TRANSPORTATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 1 to the Agreement dated May 1, 2001between Pueblo, a Municipal Corporation and Pueblo Transit, a Colorado non-profit corporation for the operation of the City’s publicly-owned mass transportation system, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. The President of City Council is hereby authorized to execute said Amendment No. 1 on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 2. The officers of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution and the attached Amendment No. to effectuate the policies and procedures described therein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED December 10, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING DEPUTY CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 10, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Robert P. Jagger, Sr. Asst. City Attorney SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO TRANSIT, A COLORADO NON-PROFIT CORPORATION, RELATING TO THE OPERATION OF THE CITY’S PUBLICLY-OWNED MASS TRANSPORTATION SYSTEM SUMMARY: Amendment No. 1 makes needed changes to the Agreement related to references to City Manager. PREVIOUS COUNCIL ACTION: Resolution 9300 approved the Agreement dated May 1, 2001 between Pueblo, a Municipal Corporation, and Pueblo Transit, a Colorado non-profit corporation, for the operation of the City’s publicly-owned mass transportation system BACKGROUND: Pursuant to Ballot Question No. 2A changing the form of government of the City of Pueblo from City Manager to Mayor, all references to City Manager in the Agreement should be changed Mayor. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: City Council could not approve and needed changes to the Agreement would not be made. RECOMMENDATION: Pass and approve the proposed Resolution Attachments: Amendment No. 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO TRANSIT,A COLORADO NON-PROFIT CORPORATION, RELATING TO THE OPERATION OF THE CITY'S PUBLICLY- OWNED MASS TRANSPORTATION SYSTEM THIS AMENDMENT NO. 1 is made and entered into between Pueblo, a Municipal Corporation (the "City") and Pueblo Transit, a Colorado non-profit corporation (the "Pueblo Transit"). WHEREAS, City and Pueblo Transit entered into an Agreement dated May 1, 2001 for the operation of the City's publicly-owned mass transportation system (the "Agreement"); and WHEREAS, pursuant to Ballot Question No. 2A changing the form of government of the City of Pueblo from City Manager to Mayor, all references to City Manager in the Agreement should be changed Mayor. NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows: 1. The Agreement is amended to strike the term "City Manager" wherever it appears and to replace the term with "Mayor." 2. Except as expressly modified by this Amendment No. 1, the Agreement shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the original Agreement by either party, are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 1. IN WITNESS WHEREOF, Manager and City have executed this Amendment No. 1 to the Agreement to become effective on the date when the first Mayor takes office pursuant to Ballot Question No. 2A changing the form of government of the City of Pueblo from City Manager to Mayor. ATTEST: PUEBLO, a Municipal Corporation r-D PcA .+k By '114?-0n1 City Clerk Presi ent of the City Council PUEBLO TRANSIT Byre P Preside , r