Loading...
HomeMy WebLinkAbout09956ORDINANCE NO. 9956 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PUEBLO REGIONAL BUILDING DEPARTMENT, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION OF A LOCAL GOVERNMENTAL “ONE STOP SHOP” TO BE LOCATED ON TH THE FIRST FLOOR OF 201 WEST 8 STREET IN DOWNTOWN PUEBLO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Intergovernmental Agreement (“Agreement”) between the Pueblo Regional Building Department, a body corporate and politic of the State of Colorado and the City of Pueblo, a Colorado municipal corporation and the County of Pueblo, a political subdivision of the State of Colorado, dated June 16, 2021, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement, to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 14, 2021 . Final adoption of Ordinance by City Council on June 28, 2021 . President of City Council Action by the Mayor: ☒ Approved on June 30, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 14, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PUEBLO REGIONAL BUILDING DEPARTMENT, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION OF A LOCAL GOVERNMENTAL “ONE STOP SHOP” TO BE TH LOCATED ON THE FIRST FLOOR OF 201 WEST 8 STREET IN DOWNTOWN PUEBLO SUMMARY: This Ordinance approves, and authorizes the Mayor to sign, an Intergovernmental Agreement (“IGA”) with the Pueblo Regional Building Department (“Department”) and Pueblo County to construct a local governmental “one stop shop” to be located on the first floor of the Wells Fargo th Bank Building, 201 W. 8 Street in downtown Pueblo. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND On December 10, 2020, Pueblo County, acting by and through its Board of County th Commissioners purchased the real property and improvements located at 201 W. 8 St., in downtown Pueblo (“Property”). Pueblo County purchased the Property with the expectation that Pueblo County and the City of Pueblo would collaborate for future use of the Property by both entities as a center for a variety of governmental services. The City and the County are currently negotiating the purchase by the City of three (3) floors of the Property as commercial condominiums. The County, City and the Department are collaborating in establishing a One Stop Shop as part of the Pueblo Means Business project, along with other entities, in order to facilitate all Department, City and County permitting associated with subdivision, zoning, and building in one location. FINANCIAL IMPLICATIONS Under the proposed IGA, the County would own the first floor and would be responsible for the necessary remodeling to make the One Stop Shop operational. The City and County desire for the Department to contribute funds as a part of the Department’s participation in the One Stop Shop. The Department will contribute one million dollars ($1,000,000.00) from the Department’s reserves, towards the expense of renovating and equipping the One Stop Shop. The attached Ordinance and IGA will not create any new fiscal obligations on the part of the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to support the establishment of a One Stop Shop. RECOMMENDATION The Mayor and City staff recommend approval of the Ordinance. Attachments: Proposed Ordinance Proposed IGA. Intergovernmental Agreement This Intergovernmental Agreement ("IGA") is made and entered into as of June 16, 2021, by and among the City of Pueblo,a municipal corporation("City"),the Board of County Commissioners of the County of Pueblo, Colorado ("County") and the Pueblo Regional Building Department("Department"). WHEREAS,the City and the County entered into the amended and restated Agreement as of June l st, 2012 ("Restated Agreement")which establishes the Department as 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 WHEREAS, the parties are participating in establishing a One Stop Shop as part of the Pueblo Means Business project, along with other entities, in order to facilitate all City and County permitting associated with subdivision, zoning, and building; and WHEREAS, the City and County desire for the Department to contribute funds as a part of the Department's participation in the One Stop Shop; and WHEREAS, the Restated Agreement provides that the Department is responsible for administration of all the City and County building codes, excluding fire codes, zoning, and subdivision administration. The Restated Agreement also provides that Departmental revenues are to be used to pay Department expenses; and WHEREAS, the City and County desire to clarify that the Department may participate in and expend Department funds in connection with the One Stop Shop as provided below; and WHEREAS The Department desires to expend some of its funds and participate in the One Stop Shop as provided below. Now, THEREFORE, IT IS AGREED: 1. The City and County herby agree that the Department's financial and other participation in the One Stop Shop, as provided herein, is authorized by the Restated Agreement because it will strengthen the Department's ability to perform its responsibilities pursuant to the Restated Agreement. In addition,to the extent provisions in this IGA regarding expenditure of Department funds are inconsistent with the provisions of the Restated Agreement, said Restated Agreement provisions are hereby amended to allow for the Department to provide its financial contribution pursuant to this IGA. 2. The One Stop Shop is to be located on a portion of the first floor of the building located at 201 West 8t" street, in the former Wells Fargo building. Once the One Stop Shop is renovated and equipped, the County will be solely responsible for the One Stop Shop. 1 3. The Department will contribute one million dollars ($1,000,000.00) (Department's Contribution) towards the expense of renovating and equipping the One Stop Shop. The Department will not be required to pay any amount above the Department's Contribution towards the One Stop Shop, now or in the future, except for the Department's cost for any personnel it designates, in its sole discretion,to staff the One Stop Shop to address Department building permit issues. The County will pay any and all amounts above the Department's Contribution in order to complete the renovation and equipping of the One Stop Shop. 4. The County will conduct all required procurement procedures and will contract for the renovation and equipping of the One Stop Shop. The City and Department will not have any liability associated with the County contracts, or the County's operation of the One Stop Shop. 5. The County will include the Department and City in meetings to determine the design for the One Stop Shop area and the necessary equipment, including but not limited to computer and communications equipment. 6. This IGA only deals with participation by the City, County, and Department in the establishment of the One Stop Shop and, (except as expressly provided herein) does not expand or contract any of the Department's responsibilities or powers contained in the Restated Agreement and does not obligate the Department to participate financially in any future City or County projects. 7. This IGA is entered pursuant to Section 29-1-203, C.R.S (as amended) in furtherance of improved permitting in the City and in the County. 8. This IGA may be amended upon approval by City ordinance and separate resolutions by the County and Department. 9. This IGA, will be in force and effect until December 31, 2021. However, the provisions of paragraph 6 and the provisions of paragraph 4 regarding non liability for the City and Department regarding contracts entered by the County and the County's operation the of One Stop Shop will survive termination. 10. This IGA will become effective, as of the date first provided above, upon the execution by all parties. This IGA may be executed in counterparts and when so executed and delivered, shall be an original; but such counterparts shall together constitute one and the same agreement. 11. If any provision of this IGA will be deemed to be invalid, such determination will not affect the validity of the remaining provisions. 2 12. This IGA will be governed by and construed in accordance with the Laws of Colorado. IN WITNESS WHEREOF, the City, County and Department have caused these presents to be executed in their respective behalf by their proper officer. CITY OF PUEBLO, A MUNICIPAL CORPORATION By Mayor ATTEST: p c4- 5.\-1 City Civil THE BOARD OF COUNTY COMMISSIONERS OF THE OUNTY OF PUEBLO COLO' 01 J By2111110111111 _.addiellii Chairman ATTEST: .10 County Clerk / PUEBLO REGIONAL BUILDING DEPARTMENT .._._Y BY l C Building Official 3