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HomeMy WebLinkAbout04559As Amended December 11, 1978 ORDINANCE NO. 4559 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The Agreement between the City of Pueblo, a municipal Corporation and the Board of County Commissioners of the County of Pueblo creating the Pueblo Regional Building Department under the authority of C.R.S. 1973, 29-1-203, a copy of which is attached hereto and incorporated herein as if set out in full having been approved by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby directed and authorized to execute said Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City ty thereto. INTRODUCED November 13,'197& By Steve Martinez Councilman APPROVED: President of the Counc ATTEST: C"Ity ierl� AS AMENDED DECEMBER 11, 1978 AGREEMENT PUEBLO REGIONAL BUILDING DEPARTMENT THIS AGREEMENT made and entered into this day of , 197 , by and between THE CITY OF PUEBLO, COLORADO, a municipal corporation, hereinafter "City", and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, hereinafter "County". W I T N E S S E T H WHEREAS, it has been determined that a Regional Building Department would best serve the citizens of the City and of the County of Pueblo, Colorado and would promote the public health, safety and welfare of the region; and WHEREAS, the City and the County have and intend to adopt nearly identical building codes, herein called "Codes", to regulate and control all building construction, including but not limited to building electrical, mechanical, heating, plumbing and other construction -related activities in the City of Pueblo and in the zoned areas of Pueblo County excluding any other municipal territory; and WHEREAS, it has been determined that joint facilities, personnel, committees and boards should be used and maintained for the admini- stration and enforcement of each such building code. NOW, THEREFORE, IT IS AGREED: I ORGANIZATION 1. There is hereby established a joint facility, function and service under the authority of 29-1-203, 1973 C.R.S., which shall be known as the Pueblo Regional Building Department, herein- after "Department". The function and responsibility of the Department shall be the administration and enforcement of the building and construction Codes of the City and the County. 2. The governing body of the Department shall be known as the Regional Building Commission, hereinafter "Commission". The Commission shall be composed of five members, two appointed by the City, two appointed by the County and one jointly appointed by the City and the County. One member appointed by each the City and the County shall be appointed for an initial term of one year, one member appointed by each the City and the County shall be appointed for an initial term of two years and one member shall be jointly appointed for an initial term of three years. Following the initial terms, each member shall be appointed to terms of three years. Any member may be removed with or without cause by the party by whom such member was appointed. In the event of the removal or resignation or death of any member, the party which designated such member shall promptly appoint a successor member to fill the unexpired term of such member. 3. The Commission shall have the following powers and functions: a. Provide for general supervision, administration and establish policy direction to the Department. b. Appoint the Building Official of the Department who shall serve at the pleasure of the Commission. C. Prepare or cause to be prepared the annual proposed budget of the Department reflecting estimates of revenues and expenditures for the coming calendar year and containing such other information as the City and the County shall require. Such proposed budget may also include such recommendations as to other financial matters relating to the operation of the Department as the Commission may desire. Such proposed budget shall be submitted to the City Council and Board of County Commissioners on or before September 1 of each year for the following calendar year. All expenditures made by the Commission shall be in accordance with the annual budget approved by the City and County. -2- d. Make monthly reports of actual revenues and expenditures of the Department to the City and the County on or before the 15th day of the month following the end of each calendar month, including all transactions for the previous calendar month. Such reports shall be in such detail as the City and the County shall require. e. Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. f. Meet at least monthly at a regular time to be established by the By -Laws of the Commission. g. Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governance and administration of the Department. h. Meetings of the Commission shall be public meetings subject to C.R.S. 1973, 29-9-101, et. seq. as amended. go PERSONNEL 4. Except as herein stated, the employees of the Department shall be responsible, through the duly appointed Building Official, to the Commission. Subject to annual budget approvals by the City and the County and the provisions of this Agreement, the Commission shall be solely responsible for the number and compensation of Department employees and their functions and duties. 5. The Department may contract with either the City or the County or with another entity, public or private, for bookkeeping and records services, including payroll services, and such other services as the Commission deems necessary. The cost of such services shall be considered an expense of the Department. -3- 6. By resolution, the Commission shall apply for affiliation with the Public Employees Retirement Association under Article 51, Title 24, C.R.S. 1973. If not eligible for such affiliation, the Commission may establish a retirement benefit program for its employees. Employer contribution to the Public Employees Retirement Association or other retirement benefit program shall be paid by the Department as an expense of the Department. 7. By resolution, the Commission shall adopt personnel policies and procedures applicable to all employees of the Department and designate a person to act as personnel director for the Depart- ment. Such policies shall include but not be limited to, such matters as hiring, job description, discipline, grievance procedures, training, compensation, fringe benefits, holidays, leave of absence and termination. CODE ADMINISTRATION 8. The parties agree that to the extent possible each will adopt building and construction Codes as nearly uniform as possible, and to that end each party will meet and confer with one another and seek recommendations from the Department before amending or adopting all applicable Codes. 9. The Department is charged with the administration of the building and construction Codes of the City and of the County, including without limitation: (a) Licensing or registration of building trade contractors, masters, and journeymen as defined in the respective building and construction Codes (There shall be a single license or registration required to do work authorized by such license or registration within the City and the County); (b) Collection of all fees; (c) Checking of plans for Code compliance and issuance of building permits; -4- (d) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. 10. The Department is charged with enforcement of the building and construction Codes adopted by the City and by the County. 11. Zoning and subdivision administration shall be the responsibility of each contracting party and not of the Department. IV LICENSING AND CODE INTERPRETATION 12. There is hereby created for each of the applicable Codes a Board of Review consisting of five members to be appointed by the City and the County acting as individual bodies but in agreement. The members shall be appointed for terms of three years except that initial terms shall be staggered as follows: one member for a one year term; two members for two year terms; and two members for three year terms. 13. The function and composition of each Board of Review are as follows: (a) Electrical. The Electrical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Electrical Code. The Electrical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as an electrical engineer, Colorado licensed electrical contractor, Colorado licensed journeyman electrician, person engaged in the manufacturing or wholesaling of electrical supplies and fixtures, and a citizen at large experienced in building construction. (b) Plumbing. The Plumbing Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance -5- of work under the adopted Plumbing Code. The Plumbing Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, a Colorado licensed plumbing contractor, a Colorado licensed journeyman plumber, a person engaged in the manufacturing or wholesaling of plumbing supplies and fixtures, and a citizen at large experienced in building construction. (c) Mechanical. The Mechanical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Mechanical Code. The Mechanical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, a contractor licensed under the adopted Mechanical Code or licensed as a gas installation contractor, a licensed journeyman gas fitter or sheet metal worker or a person experienced in performing work under the Mechanical Code, person engaged in the manufacturing or wholesaling of heating supplies and fixtures, and a citizen at large experienced in building construction. (d) Building. The Building Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Building Code and such other minor or secondary building codes as the City or the County have adopted or may hereafter adopt. The Building Board of Review shall be composed of a professional engineer registered in Colorado who specializes in the field of structural -6- design, architect registered in Colorado, licensed general contractor (unlimited), licensed journeyman in the building trades industry or a person experienced in performing work under the Building Code, a citizen at large experienced in building construction. 14. All inspectors for each of the four major Codes (Electrical, Plumbing, Mechanical and Building) shall be licensed journeyman in the building trades industry and experienced in performing work under the applicable Code and each major Code shall have a chief inspector whose interpretation under such Code shall be final unless appealed to the Board of Review for such Code. The Building Official shall be the chief inspector under the adopted Building Code and such other minor or secondary building and construction Codes as the City or the County have or may hereafter adopt with authority to designate another employee of the Department as such chief inspector. 15. The Building Official shall, subject to the general super- vision of the Commission, its adopted policies, and this Agreement, be the chief executive and administrative officer of the Department, supervise all Department employees, maintain reports and records, act as Secretary to the Commission and each Board of Review and maintain permanent records of their meetings, and account for all fees and other monies collected by the Department. 16. (a) Any person aggrieved by any ruling, decision, inter- pretation, or order of the Building Official or of a Chief Code Inspector shall have the right to appeal to the appropriate Board of Review by filing a written appeal with the Building Official within ten (10) days from the date of the ruling, decision, inter- pretation, or order. If such a notice is filed, the appropriate Board of Review shall set a time and place for a hearing, and by certified mail or personal service notify the party filing the appeal. The date of hearing shall be not more than fifteen (15) days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The appropriate -7- Board of Review by majority vote shall affirm, modify, or reverse any appealed ruling, decision, interpretation or order. The appropriate Board of Review may permit variance from the strict terms and provisions of the applicable Code if such variance can be made without increasing the hazards to health or safety of persons or property and when the granting of such variance will not violate the intent and purposes of such Code. Mere inconvenience to the applicant shall not be grounds for the granting of such variance. (b) Within thirty (30) days after the entry of any decision or order of a Board of Review, the Building Official, Department, or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by order of court. (c) Each Board of Review is empowered to determine the suitability of alternate materials and types of installations under its Code and is also empowered to recommend to the City and the County new legislation relating to its Code. (d) Each Board of Review shall meet as often as may be necessary for the proper performance of its duties. Each Board shall be empowered to adopt reasonable rules and regulations for conducting its meetings and affairs. A quorum of a Board shall consist of a majority of all of its members. Each Board shall elect a chairman and co-chairman annually and maintain permanent records of all its proceedings. (e) Members of each Board and the Commission shall receive such per diem compensation as may be fixed by the City and County by joint Resolution passed by both the City and County. IV FINANCIAL ADMINISTRATION 17. The Commission shall have custody and control of all movable equipment including without limitation automobiles, office equipment, furniture, fixtures and accessories. Such equipment -8- shall be leased or purchased with revenues of the Department. In the event of termination of this Agreement, such equipment shall be offered to the City and the County in quantities as much as they shall desire at cost less depreciation. Any movable equipment remaining shall be offered at public sale to the highest offer and the proceeds distributed equally between the City and the County. All remaining assets shall be divided between the City and the County in direct proportion as the valuation of all construction work performed in each entity's jurisdiction was to the valuation of all work performed in the entire area under the jurisdiction of the Department for the final calendar year. 18. The Commission, subject to the adoption and approval of the City and the County, shall fix a reasonable schedule of fees to be paid under the various building and construction Codes for the issuance of permits and licenses to perform construction, recon- struction, remodeling, alteration, demolition, or other work which is subject to the respective adopted Codes. It is the declared intention of this Agreement that such fees and the methods of com- puting such fees should be uniform to the extent possible, but it is acknowledged that costs of services rendered in the different jurisdictions may vary for a variety of apparent reasons and uniformity may thus be impossible to achieve. Nevertheless it is the intention that the Department shall be self-supporting but not profit -making, and to that end, such fees shall be established and from time to time re-established as the need shall become apparent to the Commission. 19. All monies received by the Department shall be placed in a special fund from which all operating expenses of the Department shall be paid. Accounts shall be kept of fees paid for permits within the City and the County. To the extent possible, expenses shall be allocated to the entity served. Overhead and other unallocable expenses shall be pro -rated between the entities in direct proportion as the valuation of all construction work performed in that entity's jurisdiction is to the valuation of QL' all work performed in the entire area under the jurisdiction of the Department for the calendar year in question. The Commission may recommend the revision of the formula herein set forth from time to time as required. No change in or revision to the formula shall become effective until mutually agreed to in writing by both the City and County. 20. (a) In the event revenues generated by any entity exceed expenses allocated to that entity in any calendar year, the balance shall be carried over for the purpose of paying operating expenses of that entity within the Department for the next calendar year. (b) In the event expenses allocated to any entity exceed revenues generated by that entity in any calendar year, the Commission may compute and assess such deficit to the entity in such amount as the expenses of the Department in rendering services within the jurisdiction of that entity exceed the revenues generated by fees for work in the jurisdiction such entity and subject to requirements of annual appropriations, such amount shall be paid by the entity; provided, however that no expenditures shall be made or expenses incurred by the Commission except in conformity and compliance with the Department's annual budget as approved by the City and County. (c) License and registration fees for contractors, masters, journeymen, and similar license and registration fees shall be apportioned to the revenue accounts of the entities as the valuation of construction permits within such entity shall bear to the valuation of all construction permits within the entire area served by the Department. ■ 21. Amendments - This Agreement may be amended upon approval of the City Council of the City and the Board of County Commissioners of the County. -10- 22. Effective Date - After approval by appropriate action of the City and County, this Agreement shall become effective July lr 1979. City and County shall cooperate with the Department and shall insofar as practicable make available or transfer to the Department its books and records relating to licensing and inspections under the building and construction Codes. In the event of termination of this Agreement or the abolishment of the Department all such books and records shall be returned to the City and County. 23. Term - Termination - This Agreement shall be in force and effect until December 31, 1979, and shall continue in full force and effect from year to year thereafter unless terminated by one party giving the other party written notice of its intention to terminate at least six (6) months before the end of the calendar year, such termination to be effective on December 31 of the year in which notice is given. The party giving notice of termination shall be responsible for its share of any deficit and shall be entitled to is share of any excess of revenues over expenses. ATTEST: z City, /'Ci T' k ill APPROVED AS TO FORM: City Attor�e�,-' ATTEST: County Clerk APPROVED AS TO FORM: County Attorney CITY OF PUEBLO By.. ... ...... . ... . ........ THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO UTA OHM As Amended December 11, 1978 ORDINANCE NO. 4559 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO CREATING THE PUEBLO REGIONAL BUILDING DEPARTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation and the Board of County Commissioners of the County of Pueblo creating the Pueblo Regional Building Department under the authority of C.R.S. 1973, 29-1-203, a copy of which is attached hereto and incorporated herein as if set out in full having been approved by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby directed and authorized to execute said Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED- November 13, 1979 — By Steve L. Martinez Councilman APPROVED: Steve L. Martinez President of the Council ATTEST: Lucy J. Costa City Clerk AS AMENDED DECEMBER 11, 1978 AGREEMENT PUEBLO REGIONAL BUILDING DEPARTMENT THIS AGREEMENT made and entered into this day of , 197_, by and between THE CITY OF PUEBLO, COLORADO, a municipal corporation, hereinafter "City", and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, hereinafter "County". W I T N E S S E T H WHEREAS, it has been determined that a Regional Building Department would best serve the citizens of the City and of the County of Pueblo, Colorado and would promote the public health, safety and welfare of the region; and WHEREAS, the City and the County have and intend to adopt nearly identical building codes, herein called "Codes", to regulate and control all building construction, including but not limited to building electrical, mechanical, heating, plumbing and other construction -related activities in the City of Pueblo and in the zoned areas of Pueblo County excluding any other municipal territory; and WHEREAS, it has been determined that joint facilities, personnel, committees and boards should be used and maintained for the admini- stration and enforcement of each such building code. NOW, THEREFORE, IT IS AGREED: 11 ORGANIZATION 1. There is hereby established a joint facility, function and service under the authority of 29-1-203, 1973 C.R.S., which shall be known as the Pueblo Regional Building Department, herein- after "Department". The function and responsibility of the Department shall be the administration and enforcement of the building and construction Codes of the City and the County. 2. The governing body of the Department shall be known as the Regional Building Commission, hereinafter "Commission". The,Commission shall be composed of five members, two appointed by the City, two appointed by the County and one jointly appointed by the City and the County. One member appointed by each the City and the County shall be appointed for an initial term of one year, one member appointed by each the City and the County shall be appointed for an initial term of two years and one member shall be jointly appointed for an initial term of three years. Following the initial terms, each member shall be appointed to terms of three years. Any member may be removed with or without cause by the party by whom such member was appointed. In the event of the removal or resignation or death of any member, the party which designated such member shall promptly appoint a successor member to fill the unexpired term of such member. 3. The Commission shall have the following powers and , functions: a. Provide for general supervision, administration and establish policy direction to the Department. b. Appoint the Building Official of the Department who shall serve at the pleasure of the Commission. c. Prepare or cause to be prepared the annual proposed budget of the Department reflecting estimates of revenues and expenditures for the coming calendar year and containing such other information as the City and the County shall require. Such proposed budget may also include such recommendations as to other financial matters relating to the operation of the Department as the Commission may desire. Such proposed budget shall be submitted to the City Council and Board of County Commissioners on or before September 1 of each year for the following calendar year. All expenditures made by the Commission shall be in accordance with the annual budget approved by the City and County. -2- d. Make monthly reports of actual revenues and expenditures of the Department to the City and the County on or before the 15th day of the month following the end of each calendar month, including all transactions for the previous calendar month. Such reports shall be in such detail as the City and the County shall require. e. Cause to be made an accounting and audit of the financial operations of the Department by an independent Certified Public Accountant at the end of each calendar year. f. Meet at least monthly at a regular time to be established by the By -Laws of the Commission. g. Adopt such By -Laws, promulgate such Rules and Regulations and do all things necessary to the proper governance and administration of the Department. h. Meetings of the Commission shall be public meetings subject to C.R.S. 1973, 29-9-101, et. seq. as amended. 001 PERSONNEL 4. Except as herein stated, the employees of the Department shall be responsible, through the duly appointed Building Official, to the Commission. Subject to annual budget approvals by the City and the County and the provisions of this Agreement, the Commission shall be solely responsible for the number and compensation of Department employees and their functions and duties. 5. The Department may contract with either the City or the County or with another entity, public or private, for bookkeeping and records services, including payroll services, and such other services as the Commission deems necessary. The cost of such services shall be considered an expense of the Department. -3- 6. By resolution, the Commission shall apply for affiliation with the Public Employees Retirement Association under Article 51, Title 24, C.R.S. 1973. If not eligible for such affiliation, the Commission may establish a retirement benefit program for its employees. Employer contribution to the Public Employees Retirement Association or other retirement benefit program shall be paid by the Department as an expense of the Department. 7. By resolution, the Commission shall adopt personnel policies and procedures applicable to all employees of the Department and designate a person to act as personnel director for the Depart- ment. Such policies shall include but not be limited to, such matters as hiring, job description, discipline, grievance procedures, training, compensation, fringe benefits, holidays, leave of absence and termination. III CODE ADMINISTRATION B. The parties agree that to the extent possible each will adopt building and construction Codes as nearly uniform as possible, and to that end each party will meet and confer with one another and seek recommendations from the Department before amending or adopting all applicable Codes. 9. The Department is charged with the administration of the building and construction Codes of the City and of the County, including without limitation: (a) Licensing or registration of building trade contractors, masters, and journeymen as defined in the respective building and construction Codes (There shall be a single license or registration required to do work authorized by such license or registration within the City and the County); (b) Collection of all fees; (c) Checking of plans for Code compliance and issuance of building permits; -4- (d) Inspections at construction site as required to assure Code compliance, including right of entry for such purposes. 10. The Department is charged with enforcement of the building and construction Codes adopted by the City and by the County. 11. zoning and subdivision administration shall be the responsibility of each contracting party and not of the Department. IV LICENSING AND CODE INTERPRETATION 12. There is hereby created for each of the applicable Codes a Board of Review consisting of five members to be appointed by the City and the County acting as individual bodies but in agreement. The members shall be appointed for terms of three years except that initial terms shall be staggered as follows: one member for a one year term; two members for two year terms; and two members for three year terms. 13. The function and composition of each Board of Review are as follows: (a) Electrical. The Electrical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Electrical Code. The Electrical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as an electrical engineer, Colorado licensed electrical contractor, Colorado licensed journeyman electrician, person engaged in the manufacturing or wholesaling of electrical supplies and fixtures, and a citizen at large experienced in building construction. (b) Plumbing. The Plumbing Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance -5- of work under the adopted Plumbing Code. The Plumbing Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, a Colorado licensed plumbing contractor, a Colorado licensed journeyman plumber, a person engaged in the manufacturing or wholesaling of plumbing supplies and fixtures, and a citizen at large experienced in building construction. (c) Mechanical. The Mechanical Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Mechanical Code. The Mechanical Board of Review shall be composed of a professional engineer registered in Colorado who specializes as a mechanical engineer, a contractor licensed under the adopted Mechanical Code or licensed as a gas installation contractor, a licensed journeyman gas fitter or sheet metal worker or a person experienced in performing work under the Mechanical Code, person engaged in the manufacturing or wholesaling of heating supplies and fixtures, and a citizen at large experienced in building construction. (d) Building. The Building Board of Review is vested with the authority to issue, suspend or revoke licenses, make reasonable interpretations, grant minor variances, hear appeals, and review performance of work under the adopted Building Code and such other minor or secondary building codes as the City or the County have adopted or may hereafter adopt. The Building Board of Review shall be composed of a professional engineer registered in Colorado who specializes in the field of structural -6- design, architect registered in Colorado, licensed general contractor (unlimited), licensed journeyman in the building trades industry or a person experienced in performing work under the Building Code, a citizen at large experienced in building construction. 14. All inspectors for each of the four major Codes (Electrical, Plumbing, Mechanical and Building) shall be licensed journeyman in the building trades industry and experienced in performing work under the applicable Code and each major Code shall have a chief inspector whose interpretation under such Code shall be final unless appealed to the Board of Review for such Code. The Building Official shall be the chief inspector under the adopted Building Code and such other minor or secondary building and construction Codes as the City or the County have or may hereafter adopt with authority to designate another employee of the Department as such chief inspector. 15. The Building Official shall, subject to the general super- vision of the Commission, its adopted policies, and this Agreement, be the chief executive and administrative officer of the Department, supervise all Department employees, maintain reports and records, act as Secretary to the Commission and each Board of Review and maintain permanent records of their meetings, and account for all fees and other monies collected by the Department. 16. (a) Any person aggrieved by any ruling, decision, inter- pretation, or order of the Building Official or of a Chief Code Inspector shall have the right to appeal to the appropriate Board of Review by filing a written appeal with the Building Official within ten (10) days from the date of the ruling, decision, inter- pretation, or order. If such a notice is filed, the appropriate Board of Review shall set a time and place for a hearing, and by certified mail or personal service notify the party filing the appeal. The date of hearing shall be not more than fifteen (15) days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The appropriate Board of Review by majority vote shall affirm, modify, or reverse any appealed ruling, decision, interpretation or order. The appropriate Board of Review may permit variance from the strict terms and provisions of the applicable Code if such variance can be made without increasing the hazards to health or safety of persons or property and when the granting of such variance will not violate the intent and purposes of such Code. Mere inconvenience to the applicant shall not be grounds for the granting of such variance. (b) Within thirty (30) days after the entry of any decision or order of a Board of Review, the Building Official, Department, or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by order of court. (c) Each Board of Review is empowered to determine the suitability of alternate materials and types of installations under its Code and is also empowered to recommend to the City and the County new legislation relating to its Code. (d) Each Board of Review shall meet as often as may be necessary for the proper performance of its duties. Each Board shall be empowered to adopt reasonable rules and regulations for conducting its meetings and affairs. A quorum of a Board shall consist of a majority of all of its members. Each Board shall elect a chairman and co-chairman annually and maintain permanent records of all its proceedings. (e) Members of each Board and the Commission shall receive such per diem compensation as may be fixed by the City and County by joint Resolution passed by both the City and County. IV FINANCIAL ADMINISTRATION 17. The Commission shall have custody and control of all movable equipment including without limitation automobiles, office equipment, furniture, fixtures and accessories. Such equipment -8- shall be leased or purchased with revenues of the Department. In the event of termination of this Agreement, such equipment shall be offered to the City and the County in quantities as much as they shall desire at cost less depreciation. Any movable equipment remaining shall be offered at public sale to the highest offer and the proceeds distributed equally between the City and the County. All remaining assets shall be divided between the City and the County in direct proportion'as the valuation of all construction work performed in each entity's jurisdiction was to the valuation of all work performed in the entire area under the jurisdiction of the Department for the final calendar year. 18. The Commission, subject to the adoption and approval of the City and the County, shall fix a reasonable schedule of fees to be paid under the various building and construction Codes for the issuance of permits and licenses to perform construction, recon- struction, remodeling, alteration, demolition, or other work which is subject to, the respective adopted Codes. It is the declared intention of this Agreement that such fees and the methods of com- puting such fees should be uniform to the extent possible, but it is acknowledged that costs of services rendered in the different jurisdictions may vary for a variety of apparent reasons and uniformity may thus be impossible to achieve. Nevertheless it is the intention that the Department shall be self-supporting but not profit -making, and to that end, such fees shall be established and from time to time re-established as the need shall become apparent to the Commission. 19. All monies received by the Department shall be placed in a special fund from which all operating expenses of the Department shall be paid. Accounts shall be kept of fees paid for permits within the City and the County. To the extent possible, expenses shall be allocated to the entity served. overhead and other unallocable expenses shall be pro -rated between the entities in direct proportion as the valuation of all construction work performed in that entity's jurisdiction is to the valuation of -9- all work performed in the entire area under the jurisdiction of the Department for the calendar year in question. The Commission may reo.,,.ommend the revision of the formula herein set forth from time to time as required. No change in or revision to the formula shall become effective until mutually agreed to in writing by both the City and County. 20. (a) In the event revenues generated by any entity exceed expenses allocated to that entity in any calendar year, the balance shall be carried over for the purpose of paying operating expenses of that entity within the Department for the next calendar year. (b) In the event expenses allocated to any entity exceed revenues generated by that entity in any calendar year, the Commission may compute and assess such deficit to the entity in such amount as the expenses of the Department in rendering services within the jurisdiction of that entity exceed the revenues generated by fees for work in the jurisdiction such entity and subject to requirements of annual appropriations, such amount shall be paid by the entity; provided, however that no expenditures shall be made or expenses incurred by the Commission except in conformity and compliance with the Department's annual budget as approved by the City and County. (c) License and registration fees for contractors, masters, journeymen, and similar license and registration fees shall be apportioned to the revenue accounts of the entities as the valuation of construction permits within such entity shall bear to the valuation of all construction permits within the entire area served by the Department. IV OTHER 21. Amendments - This Agreement may be amended upon approval of the City Council of the City and the Board of County Commissioners of the County. -10- 22. Effective Date - After approval by appropriate action of the City and County, this Agreement shall become effective July 1, 1979. City and County shall cooperate with the Department and shall insofar as practicable make available or transfer to the Department its books and records relating to licensing and inspections under the building and construction Codes. In the event of termination of this Agreement or the abolishment of the Department all such books and records shall be returned to the City and County. 23. Term - Termination - This Agreement shall be in force and effect until December 31, 1979, and shall continue in full force and effect from year to year thereafter unless terminated by one party giving the other party written notice of its intention to terminate at least six (6) months before the end of the calendar year, such termination to be effective on December 31 of the year in which notice is given. The party giving notice of termination shall be rQsponsible for its share of any deficit and shall be entitled to is share of any excess of revenues over expenses. ATTEST: -City le APPROVED AS TO FORM: City Attorney; ,---) -4- ATTEST: County Clerk APPROVED AS TO FORM: County Attorney CITY OF PUEBLO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO M -11-