HomeMy WebLinkAbout10529ORDINANCE NO. 10529
AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING
A RELEASE OF CLAIM AND INDEMNITY AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND THE BNSF RAILWAY CORPORATION,
FOR A TRAINING EXERCISE THAT WILL OCCUR ON AUGUST
17, 2023
WHEREAS, the Fire Department desires to participate in a large, mass casualty training
exercise on August 17, 2023, because it is important training experience for department
personnel; and
WHEREAS, participation in the event and acceptance of the Agreement is in the best
interest of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Release of Claim and Indemnity Agreement (“Agreement”) with BNSF Railway, a
true copy of which are attached hereto, having been approved as to form by the City Attorney, is
hereby approved. The Mayor is authorized to execute the Agreement in the name of the City.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached Agreement to implement the transactions
described therein.
SECTION 3.
The city must accept the Agreement on or before August 17, 2023, in order for the Fire
Department personnel to be able to participate in the training event. Given these time
constraints, the enactment of this Ordinance is necessary for the immediate preservation or
protection of public health, property or safety. Pursuant to Sec. 3-20 of the City Charter, this
Ordinance shall become effective upon final action by the Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 24, 2023.
Final adoption of Ordinance by City Council on August14, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on August 17, 2023 .
☐ 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 # S2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 14, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Barb Huber, Fire Chief
SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING A
RELEASE OF CLAIM AND INDEMNITY AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
THE BNSF RAILWAY CORPORATION, FOR A TRAINING EXERCISE
THAT WILL OCCUR ON AUGUST 17, 2023
SUMMARY:
This Emergency Ordinance approves and accepts a Release of Claim and Indemnity
Agreement with BNSF Railway Corporation (“BNSF Railway”) so that the Fire
Department can participate in a multi-jurisdictional, mass casualty training exercise on
BNSF-owned property.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Fire Department is participating in the Pueblo County Mass Casualty Incident
Exercise on August 17, 2023. This exercise is being conducted within the Burlington
Northern and Santa Fe (BNSF) Railways property. The BNSF requires the waiver for
participation in training on their property. The drill allows Pueblo County responders to
exercise the Mass Casualty Plan in a realistic manner.
FINANCIAL IMPLICATIONS:
This agreement addresses potential liability issues that might arise as a result of Fire
Department personnel participating in a multi-jurisdictional, mass casualty training
exercise on BNSF Railroad owned property.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the Fire Department will not be able to participate in
this important training event with other agencies.
RECOMMENDATION:
Approval of the Ordinance.
Not applicable to this Ordinance.
ATTACHMENTS:
1. Release of Claim and Indemnity Agreement -- City of Pueblo