HomeMy WebLinkAbout06218ORDINANCE NO. 6218
AN ORDINANCE APPROVING ADDENDUM NO. 5 TO THE
AMENDED AGREEMENT DATED AUGUST 10, 1981
BETWEEN THE CITY OF PUEBLO, COLORADO, A MUNICI-
PAL CORPORATION, AND THE BOARD OF COUNTY
COMMISSIONERS OF PUEBLO COUNTY, COLORADO,
CREATING THE PUEBLO REGIONAL BUILDING
DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Addendum No. 5 dated July 14, 1997 between the City of Pueblo, Colorado, a municipal
corporation and the Board of County Commissioners of the County of Pueblo, Colorado, relating
to the Pueblo Regional Building Department, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute said Addendum No. 5 in
the name and on behalf of the City of Pueblo and the City Clerk is directed to attest same and affix
the seal of the City thereto.
ATTEST:
City Clerk
INTRODUCED: July 14, 1997
By Fay B. Kastelic
Councilperson
APPROVED:
�l
President of e City ouncil
ADDENDUM NO. 5 TO THE AMENDED AGREEMENT
OF AUGUST 10, 1981 CREATING THE
PUEBLO REGIONAL BUILDING DEPARTMENT
THIS ADDENDUM NO. 5 entered into as of July 14, 1997 between the City of Pueblo, a
municipal corporation (the "City ") and the Board of County Commissioners of the County of
Pueblo, Colorado (the "County "), WITNESSETH:
WHEREAS, the City and County entered into an Amended Agreement dated August 10,
1981 creating the Pueblo Regional Building Department and Addenda thereto (collectively the
"Agreement"), and
WHEREAS, the City and County desire to amend the Agreement with respect to the
qualification of the Pueblo Regional Building Department and as an enterprise under Section 20 of
Article X of the Colorado Constitution.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, City and County agree as follows:
1. Article I, Organization, of the Agreement is hereby amended by the addition of the
following new sections:
3.A The Department may issue or reissue revenue bonds, notes or other
obligations payable from the revenues derived from the functions, services, or facilities of
the Department. The terms, conditions, details, sale and payment of such bonds, notes or
other obligations, the procedures relating thereto, the pledge of revenues, and the refunding
thereof shall be set forth in the Ordinance of the City Council of City and Resolution of the
Board of County Commissioners of County authorizing said bonds, notes, and other
obligations. The powers granted by this section to the Department shall not in any manner
modify, limit or affect, either directly or indirectly, the powers and authorities of the City
or the County conferred by statute, charter or any other law.
3.B The Department shall constitute an enterprise for purposes of Section 20 of
Article X of the Colorado Constitution as long as the Department retains the authority to
issue revenue bonds as provided in section 3.A and receives under ten percent (10 %) of
annual revenue in grants from all Colorado state and local governments combined. So long
as the Department constitutes an enterprise, the Department and all spending and revenue
relating thereto including but not limited to fees and charges shall not be subject to any of
the provisions of Section 20 of Article X of the Colorado Constitution.
2. This Addendum No. 5 shall become effective nunc pro tunc January 1, 1993 and the
Agreement as amended by this Addendum No. 5 shall remain in full force and effect.
Executed at Pueblo, Colorado as of the day and year first above written.
«__ =_ _40.
[SEAL]
ATTEST:
City Cle
APPROVED AS TO FORM:
City Attor ey
[SEAL]
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Attorney
CITY OF PUEBLO,
A Municipal Corporation
By
President of e Ci Council
THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY
OF PUEBL ,COLORADO
B �''�,�
Chairman - of t4 Board
-2-
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in Regular session in its
office in Pueblo County, Colorado, on Thursday the
21st
day of
August A. D. 19 9 , at 10:00 A.M. o'clock.
Present: _ Kathy Farley Chairman.
" Richard A. Martinez County Commissioner.
" John L. Klomp (Excused) County Commissioner.
" Terry A. Hart County Attorney.
Sue M. Koyacich Dep. Clerk County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 97-319 APPROVING ADDENDUM NO. 5 TO THE AMENDED
AGREEMENT DATED AUGUST 10, 1981, BETWEEN
THE CITY OF PUEBLO, COLORADO, A MUNICIPAL
CORPORATION, AND THE BOARD OF COUNTY
COMMISSIONERS OF PUEBLO COUNTY,
COLORADO, CREATING THE PUEBLO REGIONAL
BUILDING DEPARTMENT
WHEREAS, this Board by Resolution No. 81 -128 dated July 30, 1981, approved the
Agreement between the City of Pueblo, Colorado, a municipal corporation, and the Board of
County Commissioners of Pueblo County, Colorado, creating the Pueblo Regional Building
Department, and amended that Agreement by Addendum No. 1, Addendum No. 2, Addendum No.
3, and Addendum No. 4; and
WHEREAS, the City of Pueblo and Pueblo County now desire to amend the Agreement with
respect to the qualification of the Pueblo Regional Building Department as an enterprise under
Section 20 of Article X of the Colorado Constitution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo
County, Colorado, that Addendum No. 5 to the Agreement creating the Pueblo Regional Building
Department between the City of Pueblo, Colorado, a Municipal Corporation and the Board of
County Commissioners of Pueblo County, Colorado, dated April 12, 1993, the terms and
conditions of which are incorporated herein by this reference, be, and hereby is, approved to lnc pr
tune January 1, 1993.
BE IT FURTHER RESOLVED that the Chair of the Board of County Commissioners of
Pueblo, Colorado, be, and hereby is, authorized to execute said Addendum No. 5 on behalf of
Pueblo County.
By the following vote on roll call:
MARTINEZ — AYE
FARLEY — AYE
COLAKOLSAMTAffiRES