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City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 25, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO PROTECTIVE
COVENANTS FOR LOT 1, HISTORIC ARKANSAS RIVERWALK PROJECT,
FILING ONE, COUNTY OF PUEBLO, STATE OF COLORADO AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID
AMENDMENT
SUMMARY:
Attached is a proposed Ordinance approving and authorizing the President of City Council to sign
an “Amendment to Protective Covenants for Lot 1, Historic Arkansas Riverwalk Project, Filing
One, County of Pueblo, State of Colorado” (Amendment”).
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The owners of the units of the Paseo Del Rio Development are in the process of updating the
protective covenants which apply to the development. The intent of the attached Amendment to
the covenants is to update the Common Area Maintenance (“CAM”) fees and to make the fees
more fair and equitable. The amendment also clarifies the methodology to be used in assessing
CAM fees.
The City of Pueblo owns substantial real estate adjacent to and in the vicinity of the Paseo Del
Rio Development. As a result, the covenants governing said development require that the City
approve any amendments to the protective covenants. The majority of the owners of the Paseo
Del Rio units have agreed to the attached Amendment to the covenants relating to CAM fees.
Those unit owners have asked the City to sign the attached Amendment to the covenants.
FINANCIAL IMPLICATIONS:
None. The City of Pueblo does not own any units or real property within the Paseo Del Rio
Development.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the owners of the Paseo Del Rio units will be unable to update
the covenants as they pertain to CAM fees.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance and Amendment to Protective Covenants
ORDINANCE NO. 9021
AN ORDINANCE APPROVING AN AMENDMENT TO
PROTECTIVE COVENANTS FOR LOT 1, HISTORIC
ARKANSAS RIVERWALK PROJECT, FILING ONE, COUNTY
OF PUEBLO, STATE OF COLORADO AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID
AMENDMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The “Amendment to Protective Covenants for Lot 1, Historic Arkansas Riverwalk Project,
Filing One, County of Pueblo, State of Colorado” (“Amendment”) a copy of which is attached
hereto, having been approved as to form by the City Attorney is hereby approved. The
President of the City Council is hereby authorized and directed to execute said Amendment for
and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and
attest same.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Amendment to effectuate the
purposes of same.
SECTION 3.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED July 25, 2016
BY: Ed Brown
PASSED AND APPROVED: August 8, 2016