HomeMy WebLinkAbout08432ORDINANCE NO. 8432
AN ORDINANCE APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF
PUEBLO FOR EXTENDED TRANSIT SERVICES
RELATING TO THE PROVISION OF PUBLIC TRANSIT
SERVICES WITHIN THE UNINCORPORATED AREAS OF
PUEBLO COUNTY, COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated January 1, 2012 between the City of Pueblo and the
County of Pueblo, a true and correct copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest the same.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED December 12, 2011
BY: Leroy Garcia
COUNCILPERSON
PASSED AND APPROVED: December 27, 2011
Background Paper for Proposed
ORDINANCE
DATE: December 12, 2011 AGENDA ITEM # R-10
DEPARTMENT: PUEBLO TRANSIT
BRENDA BROYLES
DIRECTOR OF TRANSIT
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND THE COUNTY OF PUEBLO FOR EXTENDED TRANSIT SERVICES RELATING
TO THE PROVISION OF PUBLIC TRANSIT SERVICES WITHIN THE
UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO
ISSUE
Should City Council approve an Agreement between the City of Pueblo and the County
of Pueblo to provide public transit services within the unincorporated area of Pueblo
County known as the Salt Creek neighborhood?
RECOMMENDATION
Approval of Ordinance.
BACKGROUND
Pursuant to its home rule authority and the authority granted by statute, including but
not limited to C.R.S. § 31-15-711(1) (g), the City is authorized to develop, maintain and
operate mass transit systems, either individually or jointly with any other government,
and pursuant to that authority the City is maintaining and operating a mass transit
system within the corporate boundaries of the City. The County is authorized by virtue
of C.R.S. § 30-11-101(1)(f) to develop, maintain and operate mass transit systems
either individually or jointly with any government. The City and the County may contract
with one another to provide a mass transit system of the type deemed needed by the
citizens of and visitors to the area pursuant to authority in C.R.S. §§ 30-11-101(1)(f) and
31-15-711(1)(g) as implemented by C.R.S. § 29-1-201, et seq.
The City, at the request of the County, has developed, maintained and operated a
system incorporating and including service to and from the Salt Creek neighborhood
within the geographic boundaries which are under the jurisdiction of the County and
outside the corporate boundaries of the City pursuant to an agreement with the County
dated December 12, 1996, as amended. The December 12, 1996 agreement, as
amended, will terminate on December 31, 2011. The City and the County jointly desire
to continue this service by entering into a new five (5) year Agreement For Extended
Transit Services to the Salt Creek Neighborhood effective as of January 1, 2012, a copy
of which is attached.
FINANCIAL IMPACT
For the calendar year 2012, the County shall pay the City the amount of Seventy-Five
Thousand Three Hundred Dollars ($75,300.00) to subsidize the operation, maintenance
and administrative expenses of the System (“County Subsidy”). The County Subsidy
shall increase by three percent (3%) each year thereafter for the duration of this
Agreement. The County shall pay the County Subsidy to the City on a quarterly basis.
AGREEMENT FOR EXTENDED TRANSIT SERVICES
TO THE SALT CREEK NEIGHBORHOOD
THIS AGREEMENT is entered into with an effective date of January 1, 2012 by and
between the County of Pueblo, a body corporate and politic, acting by and through its Board of
Commissioners (hereinafter referred to as "County ") and the City of Pueblo a Municipal
Corporation (hereinafter referred to as the "City ')
WITNES SETH
WHEREAS, pursuant to its home rule authority and the authority granted by statute,
including but not limited to C.R.S § 31- 15- 711(1)(g), the City is authorized to develop, maintain
and operate mass transit systems, either individually or jointly with any other government, and
pursuant to that authority the City is maintaining and operating a mass transit system within the
corporate boundaries of the City; and
WHEREAS, the County is authorized by virtue of C R.S § 30- 11- 101(1)(f) to develop,
maintain and operate mass transit systems either individually or jointly with any government;
and
WHEREAS, the City and the County may contract with one another to provide a mass
transit system of the type deemed needed by the citizens of and visitors to the area pursuant to
authority in C.R.S §§ 30- 11- 101(1)(f) and 31- 15- 711(1)(g) as implemented by C.R.S § 29 -1-
201, et seq , and
WHEREAS, the City, at the request of the County, is willing to continue to develop,
maintain and operate said system incorporating and including service to and from the Salt Creek
neighborhood within the geographic boundaries which are under the jurisdiction of the County
and outside the corporate boundaries of the City; and
WHEREAS, the City and the County do jointly desire to provide this service as herein
established under the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein, the parties hereto do mutually agree as follows
1 OPERATION OF MASS TRANSIT SYSTEM
(a) Subject to the terms and conditions set forth herein, the City and the
County agree to operate a joint mass transit system by bus within the Salt Creek neighborhood
located within the unincorporated area of Pueblo County, Colorado (hereinafter referred to as the
"System ") The parties agree that the City will be the sole manager and operator of the System
herein established. In managing and operating the System, the City shall have the right to utilize
all of the roads, highways and rights of way of the County capable of safely handling buses
without charge therefor by the County The fixed routes for the System, shall be established by
the City in its sole judgment and discretion.
(b) The parties recognize and acknowledge that the City has for many years
separately operated an urban mass transit system serving the residents and transportation needs
of the City and its residents. The operation of the urban mass transit system within the corporate
boundaries of City shall remain separate and not subject to any provisions of this Agreement.
The operation of the joint System pursuant to this Agreement is intended to authorize expansion
of the City transit system beyond the City s corporate boundaries in unincorporated areas of
Pueblo County, consistent with maintaining the existing level of urban mass transit service, the
availability of buses, personnel and support systems, the need for service beyond City s
corporate boundaries, fare and subsidy revenues available for service beyond City's corporate
boundaries, and contractual and regulatory limitations arising from City's receipt of federal
financial assistance for mass transit. The determination of the appropriateness for and degree of
such expansion of the transit system, if any, shall be made by the City in its sole judgment and
discretion.
(c) In developing, operating and maintaining the System, the City will use its
buses, personnel, contractors, support systems, management and administrative systems
2 REVENUE AND EXPENDITURES
(a) The parties agree that reasonable charges or fares may be assessed and
collected from persons utilizing the System established within the scope of this Agreement. The
decision as to the amount of such fares and to any rules and regulations in connection with such
System shall be made by the City All revenues derived from any such fares or charges shall be
and remain property of the City and shall be used to defray the operation and maintenance
expenses of the System.
(b) In addition to the foregoing, City may apply for and receive state and
federal grants and other financial assistance for purposes of acquiring property for use in or in
conjunction with the System, and for purposes of subsidizing operation. maintenance and
administrative expenses of the System. All such grants and assistance shall become and remain
the property of the City, and City shall be responsible for compliance with all contractual and
regulatory requirements associated with receipt of such grants and assistance
(c) City may, but shall not be required to, provide additional City funds for
capital improvements benefitting the System, acquiring or leasing property for use in conjunction
with the System, or for subsidizing the operation. maintenance and administrative expenses of
the System. The decision concerning whether to provide such additional City funds shall at all
times remain vested in the City Council of City whose decision thereon shall be conclusive
(d) The County shall be required to provide County funds for subsidizing the
operation, maintenance and administrative expenses of the System. For the calendar year 2012,
the County shall pay the City the amount of Seventy -Five Thousand Three Hundred Dollars
($75,300 00) to subsidize the operation, maintenance and administrative expenses of the System
("County Subsidy ") The County Subsidy shall increase by three percent (3 %) each year
thereafter for the duration of this Agreement. The County shall pay the County Subsidy to the
2
City on a quarterly basis. Nothing in this paragraph is intended to modify the authority of City to
establish such fixed routes as it deems appropriate in its sole judgment and discretion.
3 NO IMPAIRMENT OF EXISTING CONTRACTS
Nothing in this Agreement is intended to alter, amend, modify or impair any existing
contract entered into by the City concerning operation of the City's separate transit system or the
System, including but not limited to any binding collective bargaining agreement and any
agreement with the Pueblo Transportation Company
4 LIABILITY AND INSURANCE
As between City and County, City (as the manager and operator of the System) agrees to
assume the risk of personal injury, including death and bodily injury, and damage to and
destruction of property, including loss of use therefrom, caused by or sustained, in whole or in
part, in conjunction with or arising out of the operation of the System or by the conditions
created thereby; provided, however, that nothing in this paragraph is intended, nor should it be
construed, to create or extend any rights, claims or benefits or assume any liability for or on
behalf of any third party, or to waive any immunities or limitations otherwise conferred under or
by virtue of federal or state law, including but not limited to the Colorado Governmental
Immunity Act, C.R.S § 24 -10 -101, et seq City shall provide and maintain Workers'
Compensation insurance coverage or self insurance on its employees complying with the
requirements of State law
5 NOT GRANT OF FRANCHISE
The establishment of this Agreement shall not be construed as an exclusive grant or
franchise prohibiting similar grants, franchises or agreements pertaining to mass transit systems
or other common carriers operating within the territorial jurisdiction of either the City or County
6 TERM.
The term of this Agreement shall be for a period of five (5) years, provided, however, that
same may be cancelled and terminated upon one hundred eighty (180) days advance written
notice by either party to the other, in which case each party shall be released from all further
liability and obligations hereunder except for (a) liabilities and obligations specifically incurred
by the party under a separate written contract or other instrument, (b) obligations and liabilities
imposed by operation of law, and (c) liabilities and obligations arising from leases entered into at
the specific request of the party as a condition for provision of funding.
7 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, City shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, national origin,
sexual orientation, disability or age City shall endeavor to insure that applicants are employed,
3
and that employees are treated during employment, without regard to their race, religion, sex,
national origin, sexual orientation, disability or age
8 ENTIRE AGREEMENT, AMENDMENTS
The provisions set forth in this Agreement constitute the entire and complete agreement
of the parties hereto and supersede all prior written and oral agreements, understandings or
representations related thereto City and County hereby release one another from any claims
arising from the Agreement for Extended Transit Services dated December 12, 1997 or any
amendments thereto No amendment or modification of this Agreement, and no waiver of any
provision of this Agreement, shall be binding unless made in writing and executed by the duly
authorized officers of both the City and County
9 SIGNATURES
The persons signing this Agreement on behalf of each party represent and warrant that
such persons and their respective party have the requisite power and authority to enter into
execute and deliver this Agreement and that this Agreement is a valid and legally binding
obligation of such party enforceable against it in accordance with its terms.
IN WITNESS WHEREOF, the City and the County have executed this Agreement as of
the date first above written and under laws of the State of Colorado
ATTEST COUNTY OF PUEBLO
:4/ 440,
By W By �� 0 -e5rd-0 /T .
er to the Board Ch.. Board of County Commissioners
Date
ATTEST CITY OF PUEBLO
A Municipal Corporation
By .�..� _ By.
C t3� erk President f Crt Council
- Date / 2 - 2 7 — 1
[ S E AM.] _._
APPROVED AS TO FORM APPROVED AS TO FORM
By - >CP/T G 1< D 1�� By • 1 %
County Attorney / City Attorne
4