HomeMy WebLinkAbout12937RESOLUTION NO. 12937
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE BISHOP OF PUEBLO, A
CORPORATION SOLE, ON BEHALF OF ST. FRANCIS XAVIER
CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE
STREET AND LOGAN STREET BETWEEN PINE STREET AND
ROUTT AVENUE TO CONDUCT A CHURCH FESTIVAL FROM
MAY 30, 2014, THROUGH JUNE 1, 2014
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Bishop of Pueblo, a
Corporation Sole, on behalf of St. Francis Xavier Church, for the use of the 1700 Block of
Spruce Street and Logan Street between Pine Street and Routt Street for the purpose of
conducting a church festival. The period of the Revocable Permit will be from 5:00 p.m. on May
30, 2014 until 11:00 p.m., on June 1, 2014.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations, terms and
conditions set forth in the attached Revocable Permit.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: April 28, 2014
BY: Ed Brown
COUNCIL PERSON
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: APRIL 28, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO THE BISHOP OF PUEBLO, A CORPORATION SOLE, ON BEHALF OF ST.
FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF
SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET AND
ROUTT AVENUE TO CONDUCT A CHURCH FESTIVAL FROM MAY 30, 2014,
THROUGH JUNE 1, 2014
SUMMARY:
Attached is an application for a revocable permit submitted by the St. Francis Xavier Church for
their Annual Church Festival.
PREVIOUS COUNCIL ACTION:
A Revocable Permit is requested each year to conduct the annual Church Festival.
BACKGROUND:
The Bishop of Pueblo, a Corporation Sole, on behalf of St. Francis Xavier Church is requesting
a Revocable Permit to use public roadways around the church to conduct a church festival. The
period of the Revocable Permit will be from 5:00 p.m. on May 30, 2014, until 11:00 p.m., on
June 1, 2014.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will modify the area of use and jeopardize safety of the church festival
attendants.
RECOMMENDATION:
Approval of this Resolution.
PROPOSED MOTION:
This Resolution will be placed on the April 28, 2014 Consent Agenda.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"),
the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the
provisions herein contained and the Permittee's compliance therewith:
1. Name, Address and Telephone Number of Permittee: The Bishop of Pueblo, a Corporation Sole, on behalf of
St. Francis Xavier Church, 1725 Spruce St, Pueblo, CO 81004, (719) 564 -1125
2. Permitted Area: 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street
3. Purpose of Revocable Permit: Church Festival
4. Authorized Improvements:
5. Commencement Date: May 30. 2014 Time: 5:00 p.m.
6. Ending Date: June 01 2014 Time: 11:00 p.m.
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the
Permitted Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the
Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in
compliance with all applicable codes, ordinances, rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all
the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may
be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to
any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as
to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit
with the City the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all
Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the
Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee
shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the
Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted
Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the
Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and
clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,
including reasonable attorney fees, incurred in the enforcement of this Permit.
(0 Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair,
free from litter, waste and debris.
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and
against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of
defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the
existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the
Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned,
transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted
conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City
Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked.
CA - 7/22/03
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance
and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be
automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury
by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of
Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first
class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review
Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this
paragraph (k).
(1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all
purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising
the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's
Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries
thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date,
(ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the
Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City.
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to
City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and
liability of the City.
Signed in Pueblo, Colorado this / day of ,/t a. t/4 , 20 /7 .
PERMITTEE: 5
Organization: , F I�t�hc s xav r ��tt.�.+^G�1 •
By: PA' U • 7 1 4 . P_ T'<CA+1 -t 1
Title: t1LL r"
STATE OF COLORADO )4:,u.r
COUNTY OF PUEBLO ) SS ° CHARLES Vii MCCULLEV
NOTARY UBLIC
The foregoing instrument was ac wle� ®ire�it8RA9 � r day of /]-\ , 20` by
NOTARY 10 1.9874133055
!22 LAI u 1" ✓1 0 Kyr, t' Ii My Commission ExOre 0-27-20
My commission expires: •
[SEAL]
• • -.. Public
APPROVED thi day of /1
28th April 2 14
PLC •, unicipal Corporatio
• By �!// /L 4:J /,
President of the City Council Sj
CA — 4/6/10
W pm CAD-�; r I ' . ca N7 Z r'cn
O o
c c) .4 R 2 1 R ! gi ' — I ° m m p" -4 4 k N Z
r p wO ' 3 z mc� N mDZz O j go
D ° ac�� m* mnD= - a (n
O m mOn $ . ;- -it- O o ou) E
O z z 1 ,t m m C
O O� ocn D* m mxi
-I O
pm r
0 Qz 0m - 2
X 21in C 11
mn =m U)
K o ° -I
:iz D
.0m r
0
( {=i 4 j
i ?;,x I 1 01 I 1[ i ,,
,. . J �.ni V i r� iy... ;:•
, , , a _ __)), a
117,,,,:,',,',,, ,, p �t r . , :-,)°,4.1113',,,,,I+,,,,,,,:,,'4,,',' fi " FV : fd&vt_ 2.d .K:, %.n ..., -�.!?- it ; Dr. 1$ , Yd� „r `,. '�::, - i . 1 ,,. . 1 ..1-;,„.,,,,,,,,,'''4,',',,,,i,,,,,,,,, N. i ` , .: 1, - , .,., , ., 7
.r tc d S ,' f, 1R r to fie - a`
Y t ; / 3 * f
, �s
i; ' , ,
1111E ' te E , It r yq r
4 t�9
1 r " 1 'r i 4 zt .1
s, I:=',24 r, r �"'1 :'1'=1 ..$!''s (g 1 ' r `e , k�*z .. � t .. 1 '
) f } {rkl:
. t +E .
1r , E ...
� . : 3�c i rr � t� : )' ,.� � rk aC 'u ' . w �4e �i � a �, rt;Y „s3,, a�; t�
"z, "mfr
i
ir ,i: i
w142,.- .'t , x.:41,1, „ iL. Fay..i'^ ; , .. ii.: '.i. a:k..w :",4s iu,b',i,f;rlr` . r^ '4 , : 1,.., „C ;t;�l';:.7: r,44h. 4
1 ##
sir ® I` �. L
�
+ '"', ti } 1' i. ,. f -r b ° r � F „r , 'iy 1 h K ' , -A- fa;
�✓,.r t q } S � ,� n.'�4;au clhrP.,7.i ..„�i P. �x .fi, _9f_ '._es rt . t.r'd "'�„r,.".� ��'i
f. t�a t,f
.. > .k,,,,,; 4 17... 1LMtmf,:ez vm -..i k w a,..N, s f,:;v :'. &s:Je.'+4.,..z1,1. i tyvi:4#a... SkE. 4.44`'. . r. +.rC eh” 4T i 1 .4 L , 44 ..
4 '' .444 tt
� tam - p u 1 t d 'F y y.fin . 4,r a , m 'm 1 '4 ,, 'r ', A`e L �� t Et gb i. �,x ? 4' j4 t1 h�^ , ,, i � 4 1en
v _�__
- ;;; 7 1 , .'..,.'7'
,u 3 � �r c z Yl f r , t�3 , � �" t � a i . �,� �t�.`�t ,, � d�. d o a .: H,���x. , yz �
.__fig ------- ___, ; � f� `..t';',, r i
it 4 x {
fridT i... W j M %4 ,.,::..w :L ,,,...,,,,, ,!, „.. ai '.a," r.. „., ,.4„ £z; + ,,,,,,,,„∎.:..._.' �. :xtl:f i§. ,.;” " +u` 1; f' I ' , 4 L_____
itiv. _ 0 y. S, f , ^: T uf. M ' �} y i �'' ! d �r a` 1 f V P', ' 'I' ' ' \ } ' f i t '' ,#`x'. ` y y 9 r 4 ', �za ,
,:�t 7^c, {i�rt r .3 #n,4 a Se .off as { ;W 1A f p ", « iG. . �.,.ia u, 1,.,w s x� 4 x c �' . �., n«�
_r,_...._.. .∎: , -- ' -v... ...... ..........e. 1, f .,-- ..,..,. -- _.......�,. -- ' r ff '+f t l
. 7 4.4 i
4 , . q Y. b'. r F I .4 I
_ i t 4 _..._._._.___. 1 .c4+ 1w,; i.
p 1 1k
1 p 4 t
xa '' a z u sz'a f vP P:j £ : :� tt P; - y ' C u a r rs e z ra c
f�'k rb � '�� " t �f?d: � '4 ,. .p� Mir ti�i�'!�u G.�` „1 5 *�.A.��'E�.�P�".4 �f�� ;�S ,rr .�',3�t. ��. � r.��� # ��zp�� h r� uy ����'�'��
.._ _.__ .L' ..__......,, r _..__._ - --,: -. f i ' z i __— _..,....- �..*._.._. `':,,P',,„ . €.�...._ `_ , , 4
f
f
\.g
m
0
3
St. Francis Xavier Church
611 Logan • Pueblo, CO 81004 • (719) 564 -1125
March 17, 2014
To Whom It May Concern:
Once again, this year, St Francis Xavier Church will be having its annual
"All Nations Church Festival ". The festival will be held this year on
Friday, May 30, 2014 from 5:OOpm -11pm, Saturday, May 31,2014 from
11:OOam- 11:OOpm and Sunday, June 1, 2014 from 11:OOam- 11:OOpm. We
would like to request blocking the 1700 block of Spruce Street and the 500
through 700 block of Logan Avenue in order to relieve congestion of
traffic and crowds for safety purposes.
Sincerely, 0.
ti
Father Uju P. Okeahialam, CSSp.
Parish Administrator
St. Francis Xavier Church
Certificate of Coverage Date :3 /20/2014
Certificate Holder This Certificate is issued as a matter of information only and
The Diocese of Pueblo and/or Bishop of Pueblo a confers no rights upon the holder of this certificate. This certificate
Corporation Sole including all Catholic Corporations not for does not amend, extend or alter the coverage afforded below.
Profit Sponsored by the Bishop of Pueblo or The Diocese of
Pueblo, 101 N. Greenwood, Company Affording Coverage
Pueblo, CO 81003 THE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
Covered Location 10843 OLD MILL RD
St. Francis Xavier Church OMAHA, NE 68154
611 Logan Avenue
Pueblo, CO 81004
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage Certificate Number
Coverage Effective Coverage Date Expiration Limits
Property Real & Personal Property
D. General Liability Each Occurrence 1,000,000
General Aggregate
is li Occurrence Products- Comp /OP Agg
8590 7/1/2013 7/1/2014
0 Claims Made Personal & Adv Injury
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability Each Occurrence
Annual Aggregrate
Other Each Occurrence
Claims Made
Annual Aggregrate
Limit /Coverage
Description of Operations /Locations/Vehicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language)
Coverage is verified for claims arising out of St. Francis Xavier's Church Festival to be held at 611 Logan Street & 1700 Block of Spruce
(Street Closed) on May 30 -31, & June 1, 2014.
Holder of Certificate Cancellation
Should any of the above described coverages be cancelled
before the expiration date thereof, the issuing company will
City of Pueblo, CO endeavor to mail 30 days written notice to the holder of
certificate named to the left, but failure to mail such notice shall
impose no obligation or liability of any kind upon the company,
its agents or representatives.
Authorized Representative
0171000725