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RESOLUTION NO. 6847
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE CITY OF COLORADO
SPRINGS, CITY OF FOUNTAIN, CITY OF MANITOU
SPRINGS, TOWN OF PALMER LAKE, TOWN OF GREEN
MOUNTAIN FALLS, THE BOARD OF COUNTY COMMIS-
SIONERS OF EL PASO COUNTY AND THE BOARD OF
COUNTY COMMISSIONERS OF PUEBLO COUNTY
PERTAINING TO A FLOOD WARNING SYSTEM ON
FOUNTAIN CREEK
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An agreement between the City of Pueblo and the City of
Colorado Springs, City of Fountain, City of Manitou Springs, Town
of Palmer Lake, Town of Green Mountain Falls, the Board of County
Commissioners of E1 Paso County and the Board of County
Commissioners of Pueblo County pertaining to a Flood Warning
System on Fountain Creek, a copy of which is on file with the
City Clerk and incorporated herein by reference, after approval
as to form by the City Attorney, be and is hereby authorized and
approved.
SECTION 2
Funds for the City's share of the construction, expansion,
and maintenance of the Flood Warning System shall be paid from
account number 001 - 0170 - 173 - 000 - 030 -0320.
0
SECTION 3
The President of the City Council is hereby authorized to
execute said agreement on behalf of the City of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the seal of
the City thereto and attest the same.
INTRODUCED November 11 , 1991
By
/ �� /a. 'd
City Clerk
JOHN CALIFANO
Councilperson
APPROVE
President of the Council
-2-
AGREEMENT
FLOOD WARNING SYSTEM
THIS AGREEMENT made and entered into this 12th day of
November, 1991 by and between THE CITY OF COLORADO SPRINGS,
CITY OF FOUNTAIN, CITY OF MANITOU SPRINGS, TOWN OF PALMER
LAKE, TOWN OF GREEN MOUNTAIN FALLS, CITY OF PUEBLO,
HEREINAFTER 'cities' and THE BOARD OF COUNTY COMMISSIONERS
OF EL PASO COUNTY and THE BOARD OF COUNTY COMMISSIONERS OF
PUEBLO COUNTY, HEREINAFTER 'Counties'. The effective date
of THIS AGREEMENT shall be November 15, 1991.
W I T N E S S E T H:
WHEREAS, the Cities of Colorado Springs, Fountain, and
Manitou Springs; the Towns of Green Mountain Falls and
Palmer Lake; and E1 Paso County have through the Pikes Peak
Regional Building Department, hereinafter 'Department',
constructed, and maintain a flood warning system; and
WHEREAS, these jurisdictions wish to extend the opportunity
to the City of Pueblo and Pueblo County to join and expand
the flood warning system; and
WHEREAS, under the authorization of CRS 29 -1 -203, as
amended the Cities and Counties can enter into agreements
for joint facilities.
NOW, THEREFORE, IT IS AGREED:
1. That the Department shall be the responsible agency for
the maintenance and expansion of the flood warning system
for the El Paso County Jurisdictions.
2. The cost of operating and maintaining the flood warning
system shall be determined by the following formula:
a. For the City of Colorado Springs, City of Fountain, City
of Manitou Springs, Town of Palmer Lake, Town of Green
Mountain Falls and El Paso County, the cost of expansion
and maintenance of the flood warning system shall be
distributed to each entity based on that entities'
population in the flood prone areas.
b. For The City of Pueblo and Pueblo County, the cost of
construction, expansion or maintenance of the flood warning
system, incurred by the Department shall be distributed
between the two entities, who shall each pay one half
thereof. The cost of maintenance of the Pikes Peak radio
repeater shall be equally distributed between the El Paso
County and the Pueblo County jurisdictions, who shall each
pay one half thereof.
c. The City of Pueblo and Pueblo County may jointly
contract with the Department for installation and /or
maintenance of the Pueblo County portion of the system.
3. Licensing of the necessary radio frequencies for the
system shall be the responsibility of the Department.
SECTION I
DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT IN REGARD TO
THE MAINTENANCE AND EXPANSION OF THE FLOOD WARNING SYSTEM.
A. MAINTENANCE
1. Perform or contract for the continued maintenance of the
flood warning system to the limit of the funding available.
2. Make annual recommendations to the Cities and Counties
concerning the operation and maintenance of the system.
3. Establish an account to receive funds for the expansion
and maintenance of the system.
4. Annually estimate the cost for maintenance of the system
and receive approval from the Councils, Trustees, and
Commissioners of the Cities and Counties.
B. EXPANSION
1. Perform all coordination necessary for the expansion of
the system without degradation of the existing system.
2. Perform contract administration, including purchase of
necessary equipment and services for the expansion of the
system.
3. Report the effects of system expansion to the Cities and
Counties.
SECTION II
DUTIES AND RESPONSIBILITIES OF THE CITIES AND COUNTIES IN
REGARD TO THE FLOOD WARNING SYSTEM.
A. OPERATION AND EXPANSION
1. Review annual budget requests for the operation,
maintenance and expansion of the system.
SECTION III
DUTIES AND RESPONSIBILITIES OF THE CITIES, COUNTIES AND
DEPARTMENT REGARDING USE OF THE SYSTEM.
A. FLOOD WARNING
1. Issuance of official statements concerning flooding and
any resulting emergency action are the responsibility of
the E1 Paso County Disaster Services, Colorado Springs
Office of Emergency Management, Pueblo County Department of
Public Safety and Operations, the participating Cities and
Counties, and State and Federal Agencies.
SECTION VI
A. OTHER
1. Amendments: This AGREEMENT may be amended upon the
written and signed approval of the Cities and Counties.
2. The term of this AGREEMENT shall commence on the 15th
day of November, 1991 and shall terminate on December 31,
1992, however this AGREEMENT shall automatically be
extended for each additional one year calender term
commencing on January 1, 1993. Participation in this
Agreement by the Department or the Cities or Counties is
subject to appropriation of funds by that party.
3. Termination: Any party to this AGREEMENT may terminate
this AGREEMENT as to that party for the calender year
following such notification if such party notifies the
other parties to this AGREEMENT and the Department in
writing prior to September 1st. This AGREEMENT may also be
terminated at any time by the mutual written consent of the
parties to the AGREEMENT.
4. No Third Party Liability Created: This AGREEMENT shall
not be construed to create liability among the parties to
the AGREEMENT for failure of any party to abide by the
provisions of the AGREEMENT nor shall this AGREEMENT be
construed as creating a benefit or enforceable right for
any person not a party to the AGREEMENT.
5. This AGREEMENT shall not be construed to create a duty
as a matter of law or contract for any of the parties to
the AGREEMENT to provide a warning of any flood to the
public at large or any member thereof nor shall this
AGREEMENT be deemed to create any duty as a matter of law
or contract to the public at large or any member thereof
for any party to this AGREEMENT to assume any liability for
injury, property damage, or any other damage that may occur
by any action or non - action taken as a result of the
provisions of this AGREEMENT.
CITY OF COLORADO SPRINGS
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
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MAY
THE BOA RD OF COUNTY COMMISSIONERS
EL PASO COUNTY
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ATTEST:
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De;Putca =P PROVED N T
CLERK
� AS TO FORM:
i4 5Y COUNTY ATTORNEY
CITY OF FOUNTAIN
ATTEST:
BY:
YOR
CITY OF MANITOU SPRINGS
ATTEST:
CITY CLERK
B
TOWN OF GREEN MOUNTAIN FALLS
ATTEST:
O N CLERK
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B' � A OR
TOWN OF PALMER LAKE
ATTEST:
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BY(
THE BOARD OF COUNTY COMMISSIONERS
PUEBLO COUNTY
BY
ATTEST:
LERK
AS TO FORM:
UNTY ATTORNEY
CITY OF PUEBLO
BY*
PRESIDENT OF CITY COUNCIL
ATTEST:
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APPROVED AS TO FORM:
city ATTO Y