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HomeMy WebLinkAbout13168RESOLUTION NO. 13168 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO CONCERNING THE LOWER WESTSIDE CONDITIONS SURVEY WHEREAS, on December 8, 2014, City Council approved Resolution No. 13129 instructing the Pueblo Urban Renewal Authority to commission a study to determine if blighting conditions exist in the area commonly known as the Lower Westside, and WHEREAS, the City Department of Planning & Community Development has the resources and expertise to conduct the study necessary for the purposes of considering a redevelopment plan to remove illegal dumping, slum, and blight; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding by and between the City of Pueblo, the Pueblo Urban Renewal Authority, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Memorandum of Understanding in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Resolution and the attached Memorandum of Understanding to effectuate the transaction described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: _ February 9, 2015 BY: Eva Montoya City Clerk’s Office Item # M-8 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: February 9, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT:A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO CONCERNING THE LOWER WESTSIDE CONDITIONS SURVEY SUMMARY: The Resolution approves a Memorandum of Understanding detailing certain work tasks undertaken by City staff to prepare the Conditions Survey for the Lower Westside on behalf of the Pueblo Urban Renewal Authority. PREVIOUS COUNCIL ACTION: City Council Resolution No. 13129 approved December 8, 2014. BACKGROUND: On December 8, 2014, City Council approved Resolution No. 13129 instructing the Pueblo Urban Renewal Authority to commission a study to determine if blighting conditions exist in the area commonly known as the Lower Westside. Approval of this Resolution would permit City Senior Planner Jerry M. Pacheco to prepare a Conditions Survey for the area to comply with the requirements of Colorado Urban Renewal Law, §31-25-101, et seq., C.R.S. FINANCIAL IMPLICATIONS: Costs of staff time and mailing of notices will be paid from the Department of Planning & Community Development. BOARD/COMMISSION RECOMMENDATION: The Pueblo Urban Renewal Authority will consider the approval of the Memorandum of Understanding at their regular meeting on February 10, 2015. STAKEHOLDER PROCESS: City staff has met with Pueblo Urban Renewal Authority staff about the study. ALTERNATIVES: Denial of this Resolution may require the Pueblo Urban Renewal Authority to expend approximately $10,000 to hire a consultant to perform the study on their behalf. RECOMMENDATION: Approve the Resolution. 4.0 Governing Law. This Agreement shall be governed by, and construed in accordance with,the laws of the State of Colorado. 5.0 Headings. Section headings in this Agreement are for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 6.0 Minor Changes. The Parties executing this Agreement are authorized to make non-substantive corrections to this Agreement and attached exhibits, if any, as the Parties mutually consider necessary. 7.0 Additional Documents or Action. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 8.0 Good Faith of Parties. In performing this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 9.0 Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and neither Party shall be deemed to be partners or joint venturers, and neither Party shall be responsible for any debt or liability of the other Party. [THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered by their respective officers as of the date first above written. CITY OF PUEBLO 4• OW. ATTEST: Pres!nt of City Council ity Clerk PUEBLO URBAN RENEWAL AUTHORITY BY: A. ATTEST: C a. Se etary/Executive Direct 3 Exhibit A Lower Westside Area i J ‘,. . , A Iwc;,- c.-I `mss • `:moi ., c 1 E1 :f1;.JI.J it Ni`'R i + +! �,' +, .. 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