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HomeMy WebLinkAbout13732 RESOLUTION NO. 13732 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CITY OF PUEBLO FOR THE USE AND BENEFIT OF THE POLICE DEPARTMENT AUTHORIZING THE TEMPORARY USE OF THE PUBLIC RIGHT-OF.WAY ON VICTORIA AVENUE BETWEEN WEST D STREET AND GREENWOOD STREET FOR THE PURPOSE OF CONDUCTING THE NEIGHBORHOOD SAFETY NIGHT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Revocable Permit is granted to the City of Pueblo for the use and benefit of the Police Department authorizing the use of Victoria Avenue between West D Street and Greenwood Street, as further identified in the attached aerial map, for the period of August 1, 2017, from 4:00 pm to 10:00 pm and with respect to conducting the Neighborhood Safety Night event. SECTION 2. The Revocable Permit hereby granted may be revoked by City Council at its pleasure. 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: July 24, 2017 BY: Ed Brown City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 24, 2017 TO: President Stephen G. Nawrocki 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 CITY OF PUEBLO FOR THE USE AND BENEFIT OF THE POLICE DEPARTMENT AUTHORIZING THE TEMPORARY USE OF THE PUBLIC RIGHT-OF.WAY ON VICTORIA AVENUE BETWEEN WEST D STREET AND GREENWOOD STREET FOR THE PURPOSE OF CONDUCTING THE NEIGHBORHOOD SAFETY NIGHT SUMMARY: Attached is an application for a revocable permit submitted the City of Pueblo and benefit of the Police Department to hold the annual Neighborhood Safety Night. PREVIOUS COUNCIL ACTION: None. BACKGROUND: City of Pueblo Police Department requests a revocable permit to use Victoria Ave between West D Street and Greenwood Street, from 1:00 pm to 10:00pm, on August 1, 2017, to hold their annual Neighborhood Safety Night. The purpose for the event is to provide a backyard style barbeque for the residents of Pueblo. There will be an emphasis with vendors/booths who are invited to touch on safety, crime prevention, or share their community resource information. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will result in the event being cancelled and/or held at an alternate location.. RECOMMENDATION : Approval of the Resolution. Attachments: Letter of Intent, Certificate of Liability, Barricade Plan, and Arial 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: Pueblo Police Department,200 S Main St, Pueblo,CO 81003,(719)553-2484 2. Permitted Area: Victoria Ave between D Street and Grand Avenue 3. Purpose of Revocable Permit: Neighborhood Safety Night Event 4. Authorized Improvements: 5. Commencement Date: August 1 2017 Time: 1:00 p n 6. Ending Date: August L 2017 Time: 10:00 pm 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. (f) 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—6/7/17 (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). (I) 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 + 3 day of J ttit/1 ' ,20 i 7 . PERMITTEE: Organization: NAID tt, Dpirf }N.I'4- By: (3CPt.E-r f3rittijm QittutlaiS Title: 6.6 j PPrVcn-=,aA mace r STATE OF COLORADO ) COUNTY OF PUEBLO )ss The foregoing instrument was acknowledged before me the ft day of c�/&fj__ , 20/7 by O/ 1d /? /9,/A/M.ri AeY2JJ 1/i2-%5 as /Ce. M5 comrra HOLDERMAN N TARY PUBLIC �� ? [SEAL] STATE OF COLORADO 4./0/, / G' 7/ NOTARY ID 19944004973 tary Public MY COMMISSION EXPIRES 04126/2018 APPROVED this 24th day of July ,2017 . _,�--- PUEB . gnicipal Corporate BY Ardili I. I. 'resi��o City Council CA—4/6/10 % Nik. iL\ 1 � : j .a4,,.,..'4 ..ff ,- ltz ,i Arkansas River COHee 4414, „Ail:if ' h ♦ �s ', _ r 4 iie 7 1i .0, i • �,..� �. +... R r x His[r s ia i.r % Edg • t eSkk Rwienvralk sas at '• ”40 • " Town� Professia a B•II tRid•h=�. ,.t "!'Ca ge'HOUe k' TA . . { . Dees GM ia201.- '1• r 40- , vet .•04 ?P p"f } vi •� + Y � e h { • 3 Y ' 1116H4 "'PA,'- Blue Ocean Sushi '� ,I1 S IF,... : ' : '''':,.'''4 ' '4 ,ijill i�neDown. tic t ifirtr 4bc: teripr Bhei , .,... ,,,,,,1 i4...„..,,,,' ' ' ' ' * 'IP .\\* : l'It. 144",°11 'ef '';4# 14" t..),,,,. • 4 . . , „ 4,.. .,...-\, , , .. , ,,,,,,.,, . _ . , -,), Air , .:r t1 a s ,t lad 1 , J ),„,_ �-�+ - '' REPS Union - i#Yy9" /' _, 1414, Aven eSpo G `I?,iJ,A . Luis Velez * city o f ChiefPolice Department of Police Michael L. Bennett 1 lpuEBLID 200 South Main Street Deputy Chief colorado Pueblo CO 81003 PHONE 719-553-2420 Troy D. Davenport FAX 719-553-2479 Deputy Chief To whom it may concern, On Tuesday August 1, 2017 from 4p-9p will be this year's annual Pueblo Police Department, "Neighborhood Safety Night" event on the Riverwalk. The primary focus for the event is to provide a backyard style barbeque for the residents of Pueblo. There will also be an emphasis with our vendors/booths who are invited to touch on safety, crime prevention, or share their community resource information. The space has been reserved with the Riverwalk who is one of the event sponsors. With the help of other community sponsors, we plan to provide free boat rides, free food, giveaways, backyard style games, and music to promote community togetherness and share our resource information on behalf of the Pueblo Police Department. We would like to close down a portion of Victoria St. in the 100 block near the Riverwalk between 100 S. Greenwood and W. D St. on Tuesday, August 1st from 1:OOp to 10:OOp for our vendors and vehicle display which will include our SWAT truck, bomb squad truck, police car, Fire Truck, Emergency 911 resource bus, ambulance, and other vehicles for show. Thank you for your time and consideration, Officer Brandon Beauvais Crime Prevention Officer Pueblo Police Department bbeauvais a(�pueblo.us 719-320-6059 © tfPC ACCREDITED 2017-COMMISSION ON ACCREDFFATION FOR LAW ENFORCEMENT AGENCIES,INC