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HomeMy WebLinkAbout09695RESOLUTION NO. 9695 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO CONSERVANCY DISTRICT AND AUTHORIZING EXECUTION OF SAME BY THE PRESIDENT OF THE CITY COUNCIL WHEREAS, the City of Pueblo ( "City"), with the support and participation of the U.S. Army Corps of Engineers, is undertaking the Arkansas River Corridor Legacy Project (the "Legacy Project ") to restore and enhance a ten -mile reach of the Arkansas River Corridor, between Pueblo Dam and the Confluence of the Arkansas River with Fountain Creek (the "Corridor "), which will include the construction of boating chutes and a whitewater kayaking course; and WHEREAS, the Pueblo Conservancy District ( "District ") supports and is a sponsor of the Legacy Project, is the owner of the river bed and banks in certain reaches of the Corridor, and has already undertaken the initial phases of construction of a recreational boat chute in the Corridor in the vicinity of the St. Charles Mesa Water District diversion structure (the "Existing Boat Chute "); and WHEREAS, the City and District have reached an agreement concerning the transfer to the City of District's interests in the Existing Boat Chute and any and all claims to an appropriation date for water rights purposes based on the District's initiation of construction of the Existing Boat Chute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement dated June 5, 2002, between the City of Pueblo, a Municipal Corporation and the Pueblo Conservancy District concerning transfer to City of the Existing Boat Chute and all rights to claim an appropriation date for water rights based on the District's initiation of construction of the Existing Boat Chute, a true copy of which is attached hereto and incorporated herein by reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute the Intergovernmental Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED October 15, 2002 BY Al Gurule Councilperson APPROVED: resident of City Council ATTEST: city c o a E:) D ED Background Paper for Proposed RESOLUTION 40v. # 9145 AGENDA ITEM # /j DATE: October 15, 2002 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO CONSERVANCY DISTRICT AND AUTHORIZING EXECUTION OF SAME BYTHE PRESIDENT OF THE CITY COUNCIL ISSUE Should the City enter into an Intergovernmental Agreement with the Pueblo Conservancy District providing for the City to receive a transfer of the District's interests in the initial phases of construction of a boat chute which the District built in the Arkansas River at Moffat Street as part of the diversion for the St. Charles Mesa Water District, as well as transfer of the District's rights to claim an appropriation date for water rights associated with such construction? RECOMMENDATION This office recommends Council adopt the Resolution approving the Intergovern- mental Agreement, and further recommends that, at the time of adoption, Council express its appreciation to the Pueblo Conservancy District for the District's long- standing cooperation and support in enabling the Legacy Project to become a reality. BACKGROUND The Pueblo Conservancy District owns most of the river bottom and river banks in the area of the Arkansas River where the U.S. Army Corps of Engineers will be constructing the fish ladders /boating course as part of the Arkansas River Corridor Legacy Project pursuant to its Local Cooperation Agreement with the City. As a project partner of the City in the Legacy Project, the District has committed to grant rights of way to the City for the Legacy Project and is supporting and cooperating with the City in other respects as well. The City has filed an application with the Water Court for recreational in- channel diversion ( "RICD ") water rights to secure flows for the Legacy Project. In that application, the City has claimed an appropriation date for the RICD water rights in the 1980's based upon initial phases of the boating course work undertaken by the District, with participation by the City, when the St. Charles Mesa Water diversion was redesigned and reconstructed. The Agreement submitted herewith to Council for approval formally transfers to the City the District's rights in the existing boat chute as well as its claims to the appropriation date for water rights based upon the District's construction of the existing boat chute elements. FINANCIAL IMPACT Although the Agreement obligates the City to perform maintenance on the boat chute which may appear as a future obligation, that obligation has already been assigned to the City under the Local Cooperation Agreement previously approved between the Corps of Engineers and the City for the Arkansas River Corridor Section 206 Restoration Project. Consequently, this Agreement has no financial impact. INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement ") is made and entered into this 5--` day of June, 2002, by and between the PUEBLO, A MUNICIPAL CORPORATION of the State of Colorado ( "Pueblo "), and the PUEBLO CONSERVANCY DISTRICT (the "District "), a conservancy district established pursuant to C.R.S. § 37 -1 -101 et. seq., pursuant to authority granted in C.R.S. § 29 -1- 202 et. seq. RECITALS WHEREAS, Pueblo, with the support and participation of the U.S. Army Corps of Engineers, is undertaking the Arkansas River Corridor Legacy Project (the "Legacy Project ") to restore and enhance a ten -mile reach of the Arkansas River Corridor, between Pueblo Dam and the confluence of the Arkansas River with Fountain Creek (the "Corridor "), which will include the construction of boating chutes and a whitewater kayaking course; and WHEREAS, the District supports and is a sponsor of the Legacy Project, is the owner of the river bed and banks in certain reaches of the Corridor, and has already undertaken the initial phases of construction of a recreational boat chute in the Corridor in the vicinity of the St. Charles Mesa Water District diversion structure (the "Existing Boat Chute "); and WHEREAS, Pueblo desires to obtain all of the District's interest in the Existing Boat Chute and any and all rights of the District to claim an appropriation date based on the District's initiation of construction of the Existing Boat Chute for purposes of establishing a water right. NOW, THEREFORE, in consideration for the foregoing recitals, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Pueblo and the District hereby agree as follows: 1. The District hereby transfers to Pueblo any and all interest it may have in the Existing Boat Chute and any and all claims to an appropriation date for water rights purposes based on the District's initiation of construction of the Existing Boat Chute. 2. The District hereby authorizes and approves completion of the Existing Boat Chute by Pueblo. 3. Pueblo shall be responsible for the continued operation and maintenance of the Existing Boat Chute, and any future improvements to the Existing Boat Chute; provided however, that (a) Pueblo shall obtain approval from the District of all proposed improvements to the Existing Boat Chute prior to commencement of construction of any improvements; and (b) neither the improvements nor Pueblo's operation of the Existing Boat Chute or improvements will impair the ability of the District to comply with its statutorily created obligation as a Conservancy District. 4. If, after 5 years from date of execution of this Agreement, Pueblo has not completed construction of the planned boating course, the District may review Pueblo's progress towards completion and may elect to terminate this Agreement at that time if not satisfied with such progress. 5. Nothing in this Agreement shall be construed so as to grant to Pueblo any right to interfere with access to the points of diversion of the St. Charles Mesa Water District or the West Plains Energy Company. 6. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one agreement. Manually executed counterparts of this Agreement may be transmitted by facsimile or other electronic means and, when the counterpart so transmitted is delivered, shall have the same validity and effect as delivery of a manually executed counterpart. IN WITNESS WHEREOF, Pueblo and the District have executed this Agreement on the date first above written. PUEBLO MUNICIPAL CORPORATION By: _ Name: Michael A_ Orrhiatn _ Its: President of City Council PU=—- SERVA DISTRICT , r. By. -- Name: Its: N STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 0cl The foregoing Agreement was acknowledged before me this S'f day ofJww, 2002, by Michael A. Occhia as President of City CO Pnicipal Corporation. Q��ie9� hand and official seal. 0= �z J ' My comm : sion expires 8 -21 -2003 • 'AVBL� G: Po �OF COLO AZII, My Commission Expires ON I/M3 otary Public STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing Agreement was acknowledged before me this day of June, 2002, by 6r. r sx-.' (y7g?!n --as for the Pueblo Conservancy District. Witness my hand and official seal. My commission expires /d 3D dam_— — Votary ublic 2882098 _2.noc