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HomeMy WebLinkAbout11863RESOLUTION NO. 11863 A RESOLUTION CONCERNING ACCESS TO THE PUEBLO MOTORSPORTS PARK AND DIRECTING ACTION BY THE CITY MANAGER WHEREAS, the Pueblo Motorsports Park is an enterprise owned and operated by the City of Pueblo; and WHEREAS, the Pueblo Honor Farm and Pueblo Motorsports Park are not adequately fenced or enclosed; and WHEREAS, people frequently trespass upon, damage, and misuse the lands and facilities within the Pueblo Honor Farm and Pueblo Motorsports Park. NOW, THEREFORE, be it resolved by the City Council of Pueblo, that: SECTION 1 The City Manager is hereby directed to: (1) Prepare a plan for construction of a perimeter fence or barrier around all lands within the Pueblo Motorsports Park and the Pueblo Honor Farm ( "Enclosure Plan ") and an estimate of the costs thereof; (2) The Enclosure Plan shall include provisions for: (a) Perimeter gates to the Pueblo Honor Farm and the Pueblo Motorsports Park at fixed points, which shall be kept closed and locked, except when access is controlled by an automatic card -key device, a City employee, or a contractor present at the gate; (b) Establishing, charging, and collecting at such perimeter gates entry fees for each person and each vehicle entering the Pueblo Motorsports Park, which shall not be less than five dollars ($5.00) per person and per vehicle per day. As used herein, the term 'vehicle" shall mean all motorized vehicles, including but not limited to automobiles, trucks, motorcycles, all terrain vehicles, mini - motorcycles, and any similar vehicle or device. No fee shall be charged for any motorized vehicle or device used primarily to assist in the transport of handicapped persons, such as wheelchairs and similar devices. (3) Subject to a balance of appropriations in the Honor Farm Enterprise Fund therefore, cause the Enclosure Plan to be implemented as soon as reasonably possible. (3) Subject to a balance of appropriations in the Honor Farm Enterprise Fund therefore, cause the Enclosure Plan to be implemented as soon as reasonably possible. SECTION 2 No fee for entering the Pueblo Motorsports Park's perimeter gates shall be charged to any manager, contractor, or lessee who has entered into an agreement with the City prior to the effective date of this Resolution, which provides for occupancy and use of premises at the Pueblo Motorsports Park, nor to customers, guests, or employees of the same, unless the contractor, manager, or lessee, directs that such customers and guests be charged an entry fee. Any such contractor, manager, or lessee may charge a separate fee for entry to the premises that he or she has contracted to occupy and use in accordance with the terms and conditions of the manager's, contractor's, or lessee's agreement with the City. cGrTinni q Nothing contained in this Resolution shall be construed or applied in a manner that would impair the contractual rights of any person who has entered into an agreement with the City to occupy and use premises at the Pueblo Motorsports Park prior to the effective date of this Resolution. SECTION 4 This Resolution shall be effective upon passage. INTRODUCED: April 12, 2010 BY: Ray Aquilera COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK Background Paper for Proposed RESOLUTION DATE April 12, 2010 AGENDA ITEM # Q -2 DEPARTMENT Law Department Thomas J. Florczak, City Attorney TITLE: A RESOLUTION CONCERNING ACCESS TO THE PUEBLO MOTORSPORTS PARK AND DIRECTING ACTION BY THE CITY MANAGER ISSUE: Should the City Council adopt the resolution? RECOMMENDATION: This proposed resolution was prepared at the request of Councilman Ray Aguilera. BACKGROUND: People frequently trespass on the Pueblo Honor Farm and misuse the property. Councilman Ray Aguilera has proposed this resolution to direct the City Manager to prepare a plan to construct a perimeter fence or barrier around the Pueblo Honor Farm along with gates, and then charge a fee for entering the Pueblo Honor Farm. FINANCIAL IMPACT: The financial impact of preparing a plan is unknown. The financial impact of the fence or barrier, gates, and entry fees would be evaluated as part of the plan.