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HomeMy WebLinkAbout06349ORDINANCE NO. 6349 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO STATE FAIR AUTHORITY AND THE CITY OF PUEBLO WHEREAS, the City of Pueblo (the "City "), State of Colorado (the "State "), is a municipal corporation duly organized and existing under the laws of the State and its Charter (the "Charter "); and WHEREAS, pursuant to Section 18(2)(a) and (b) of Article XIV, Constitution of the State of Colorado, the General Assembly has enacted part 1 of article 2 of title 29, Colorado Revised Statutes, as amended, concerning intergovernmental contracts; and WHEREAS, the Colorado State Fair Authority (the "Authority ") is a duly and regularly created, organized and existing political subdivision of the State, existing as such under and by virtue of the Constitution, statutes and laws of the State providing governmental services through the operation of the Colorado State Fair and thereby directly benefitting the City and the inhabitants thereof; and WHEREAS, pursuant to Section 29 -1 -203, Colorado Revised Statutes, as amended, the Authority and the City are authorized to provide for the joint exercise of any function, service, or facility lawfully authority to each of them; and WHEREAS, to provide for the Colorado state fair and industrial exposition, and further to provide for the promotion of the City of Pueblo, the City has determined and hereby determines that the Intergovernmental Agreement dated as of August 24, 1998 between the City and Authority (the "Intergovernmental Agreement ") is necessary for the public health and welfare to promote the City, to encourage economic development and a stable employment base within the City, and to encourage the development of the City; and WHEREAS, the City has determined and hereby determines that the activities proposed to be undertaken in the Intergovernmental Agreement are public and governmental services and function for the benefit of the City and the inhabitants thereof; and WHEREAS, the Home Rule Charter of the City provides that the Council may, by ordinance, enter into contracts with other governmental bodies to furnish governmental facilities and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Intergovernmental Agreement, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and the President of the -City Council of the City (the "Council ") and the City Clerk are hereby authorized to execute and attest such agreement on behalf of the City with such amendments, revisions and completions not inconsistent with this Ordinance as may be approved by the President of the City Council and the City Attorney. SECTION 2 The officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of the Intergovernmental Agreement. SECTION 3 All action heretofore taken by the Council and officers of the City, not inconsistent with the provisions of this Ordinance and toward the Intergovernmental Agreement, be and the same is hereby ratified, approved and confirmed. SECTION 4 If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5 All ordinances, resolutions, bylaws, and regulations of the City in conflict with this Ordinance, are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revive any ordinance, resolution, bylaw, or regulation or part thereof, heretofore repealed. SECTION 6 This Ordinance shall be effective upon final passage. -2- INTRODUCED: August 24, 1998 ATTEST: City Cler By Al Gurgle Councilperson ow" President of loe City Council -3- INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made as of the 14th day of SPTtember 1998, by and between the Colorado State Fair Authority, a political subdivision organized pursuant to the laws of the State of Colorado (the "Authority ") and the City of Pueblo, Colorado (the "City "), a municipal corporation and political subdivision of the State of Colorado. RECITALS A. The Authority hereby represents that it is a duly and regularly created, organized and existing political subdivision of the State of Colorado, existing as such under and by virtue of the Constitution, statutes and laws of the State of Colorado. B. The City is a home rule municipality. C. Pursuant to Section 18(2)(a) and (b) of Article XIV, Constitution of the State of Colorado, the General Assembly has enacted part 1 of article 2 of title 29, Colorado Revised Statutes, as amended, concerning intergovernmental contracts. D. Pursuant to Section 29 -1 -203, Colorado Revised Statutes, as amended, the Authority and the State are authorized to provide for the joint exercise of any function, service, or facility lawfully authorized to each of them. E. The City Council is authorized by its Home Rule Charter by ordinance to enter into contracts with other governmental bodies to provide governmental facilities and services. F. The Authority provides valuable promotional services to the City by attracting events and tourists to the City of Pueblo, and City desires to compensate the Authority for these valuable services. TERMS For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Authority, on behalf of themselves and their respective successors and assigns, agree as follows: Section 1. Findings It is the intention of the parties hereto to provide for the Colorado state fair and industrial exposition, and further to provide for the promotion of the City of Pueblo. The parties hereby determine that this Agreement is necessary for the public health and welfare in order to encourage economic development and a stable employment base within the City, and to encourage the development of the City. Section 2. City Benefit The City Council of the City (the "Council') hereby finds and determines that the activities proposed to be undertaken hereby are for the benefit of the City and the inhabitants thereof. The City further finds that the Authority's promotion of the City, its businesses and inhabitants is a valuable service warranting recompense to the Authority. Section 3. Delosits The Authority hereby requests that (i) the budget submitted to the Council for each fiscal year commencing with fiscal year 1998 and ending with fiscal year 2005, contain a line item for the deposit on January 31 of each year with the Authority by the City out of the City's general fund the following amounts: $315,000 during fiscal years 1998 to 2002, both inclusive, and $215,000 during fiscal years 2003 to 2005, both inclusive, and (ii) the Council then determines whether it wishes to budget and appropriate such amount out of the City's general fund. The Council shall not be obligated to make any budget and appropriation for such deposit in any fiscal year of the City, nor shall its decision to make any budget and appropriation for such a deposit to the Authority in one or more years obligate the City to make any later deposits. The City, acting by and through its Council, reserves full discretion to decide whether to budget and appropriate moneys for such deposits. A decision not to so budget and appropriate will not constitute a default under this Agreement nor shall the Authority, or its successors or assigns have a right to compel such an action. Section 4. Time and Place for Deposits If the City decides to budget and appropriate the amounts requested under Section 3 of this Agreement, such deposits shall be deposited no later than January 31 of each year with the Authority at the following address: Colorado State Fair Authority, Colorado State Fairgrounds, 1001 Beulah Avenue, Pueblo, Colorado, 81005, Attn: Manager. The City and the Authority may make other arrangements as to the methodology of receiving the deposits from the City. The Authority hereby covenants, warrants and agrees that any such deposits shall only be used and expended for the following purposes: (1) $80,000 of each annual deposit for rental payments under the Authority's March 15, 1995 Equipment Lease, and (2) the balance of each annual deposit for the Authority's promotion of the fair, the fairgrounds and the City, which amount is deemed by the parties hereto to be a reasonable recompense for valuable services performed by the Authority for the benefit of the City. Section 5. Construction It is the intent of the parties that this Agreement be construed as follows: the $80,000 of each annual deposit for rental payments under the Authority's March 15, 1995 Equipment Lease shall be a "grant" from the City to the Authority for purposes of C.R.S. §24- 77-102(7)(x) and Art. X, Section 20 of the Colorado Constitution; the balance of each annual deposit shall be revenue to the Authority resulting from a fee imposed for the provision of promotional and other services to the City, and shall not be considered a "grant" under C.R.S. §24 -77- 102(7). Section 6. No Debt or Indebtedness of the City Nothing in this Agreement shall be construed as creating a debt or indebtedness or multiple fiscal year financial obligation of the City within the meaning of any statutory, constitutional or home rule charter provision applicable to the City. Section 7. Prior Agreements The Intergovernmental Agreements dated March 6, 1995 and November 1, 1996 between the City and Authority are hereby terminated and canceled. -2- Section 8. Term The Agreement shall terminate December 31, 2005. IN WITNESS WHEREOF, the undersigned have hereunto set their hands as of the date first above written. ATTEST: sj �w' Q L City C k APPROVED AS TO FORM: City Attorne —' COLO STATE F AU HORITY By airman of tbolfoard CITY F PUEBLO By i Azt'e'� President of tKe City Council -3- AUGUST 24, 1998 AGENDA - CITY COUNCIL BACKGROUND MEMORANDUM - ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COLORADO STATE FAIR AUTHORITY The Ordinance approves an Intergovernmental Agreement between the City and the Colorado State Fair Authority ( "Authority ") for funding of the Authority with respect to the bleachers lease purchase agreement and the payment for promotional services. The City's obligation to fund is subject and contingent upon the City Council annually budgeting and appropriating funds for such purpose out of the City's general fund. The City Council is not obligated to make such appropriation. Except for the funds so annually budgeted and appropriated, the Intergovernmental Agreement is not legally binding on the City and does not create a City debt of the City or a multiple- fiscal year direct or indirect debt or other financial obligation whatsoever of the City within the meaning of Amendment 1. The funding which may be provided pursuant to the Intergovernmental Agreement for each fiscal year is as follows: Fiscal Year Funding 1998 $315,000 1999 315,000 2000 315,000 2001 315,000 2002 315,000 2003 215,000 2004 215,000 2005 215,000 The funding is the same as that set forth in prior agreements with the Authority and the Intergovernmental Agreement cancels all such prior agreements.