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
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Michael Occhiato
Councilperson
PASSED AND APPROVED September 27, 2004
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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
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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
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County Clerk
APPROVED AS TO FORM:
By: zi��
Chairman of the Board
County Attorney