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HomeMy WebLinkAbout07208ORDINANCE NO. 7208 AN ORDINANCE APPROVING ADDENDUM NO. 6 TO THE 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 BUILDIING DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Addendum No. 6 dated September 13, 2004, 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, having been approved as to form by the City Attorney, is hereby approved. SECTION 2_ The President of City Council is hereby authorized and directed to execute said Addendum No. 6 for 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. INTRODUCED September 13, 2004 M Michael Occhiato Councilperson PASSED AND APPROVED September 27, 2004 o p C) -W- -7a 0 s D is I 0 EDA -I qw r Background Paper for Proposed ORDINANCE 1 AGENDA ITEM # DATE: September 13, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE APPROVING ADDENDUM NO. 6TOTHEAGREEMENT DATED AUGUST 10, 1981 BETWEEN THE CITY OF PUEBLO, COLORADO, A MUNICIPAL CORPORATION, ANDTHE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO, CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT ISSUE Should the City approve Addendum No. 6 to the Agreement between the City of Pueblo and County of Pueblo creating the Pueblo Regional Building Department ( "Department')? RECOMMENDATION Approve Addendum No. 6. BACKGROUND Addendum No. 6 includes the following two amendments to the Agreement creating the Pueblo Regional Building Department ( "Department "): (a) requiring the Pueblo Regional Building Commission to pay $375,000.00 to the City for operating funds advanced to the Department when the Department was created, and (b) clarifies that the Department is a body politic and corporate, separate and independent legal entity. Such clarification will enable the Department to participate in CIRSA. FINANCIAL IMPACT City will receive $375,000 from the Department as reimbursement for funds advanced by the City to the Department when the Department was created. ADDENDUM NO. 6 TO THE AMENDED AGREEMENT OF AUGUST 10, 1981 CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT THIS ADDENDUM NO. 6 is entered into as of September 13, 2004 between the City of Pueblo, a municipal corporation (the "City ") and the Board of County Commissioners of the County of Pueblo, Colorado (the "County "): WHEREAS, the City and County entered into an Amended Agreement originally dated August 10, 1981 creating the Pueblo Regional Building Department (the 'Department ") and Addenda thereto (collectively the "Agreement "); WHEREAS, the City and County desire to amend the Agreement with respect to the repayment of $375,000.00 in operating funds advanced by the City to the Department; and WHEREAS, the City and County also desire to amend the Agreement to enable the Pueblo Regional Building Department to become eligible to participate in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and to receive general liability insurance coverage as a separate governmental agency. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the City and County agree as follows: Section 21, Article V, Financial Administration, ofthe Agreement is hereby amended by the addition of the following new subsection (d): (d) Notwithstanding anything to the contrary contained in the Amended Agreement, the Pueblo Regional Building Commission shall pay $375,000 to the City for operating funds advanced by the City to the Building Department when the Department was created. Payment shall be made no later than January 31, 2005. Receipt of such payment shall constitute complete satisfaction and discharge of all funds advanced by the City as initial operating expenses for the Building Department and for any other amount to which the Building Department is or may be indebted to the City as of the effective date of this Addendum. 2. Section 1, Article I, Organization, of the Agreement is hereby amended by the addition of the following new paragraph: (b) The Department shall be 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 a "public entity" within the meaning of the Colorado Governmental Immunity Act, and shall have the power to sue and be sued. 3. The Agreement as amended by this Addendum No. 6 shall remain in full force and effect. Executed at Pueblo, Colorado as of the day and year first above written. [SEAL] ATTEST: CITY OF PUEBLO, a Municipal Corporation By: City I President the City Council City Attorney [SEAL] ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO &:�,, o County Clerk APPROVED AS TO FORM: By: zi�� Chairman of the Board County Attorney