HomeMy WebLinkAbout09401ORDINANCE NO. 9401
AN ORDINANCE APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF
PUEBLO EXTENDING 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 for Extended Transit Services to the Salt Creek Neighborhood
between the City of Pueblo and Pueblo County, 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 City Council is hereby authorized to execute said Agreement on
behalf of City of Pueblo any time prior to the Mayor taking office and the Mayor is
authorized to execute same any time after taking office. The City Clerk shall affix the
Seal of the City to the Grant Agreement and attest the 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 this Ordinance and the attached agreement to
effectuate the transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED: January 14, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: January 28, 2019
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 14, 2019
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Pepper Whittlef, Acting Director of Transit
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND THE COUNTY OF PUEBLO EXTENDING PUBLIC TRANSIT
SERVICES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY,
COLORADO
SUMMARY:
Attached is a Grant Agreement between the City of Pueblo and County of Pueblo for providing
public transit services to the Salt Creek Neighborhood in unincorporated area of Pueblo County.
PREVIOUS COUNCIL ACTION:
The City and County of Pueblo originally entered into an Agreement for Extended Transit Services
dated as of December 12, 1997 relating to the provision of public transit services within the
unincorporated areas of Pueblo County, Colorado. The agreement has been extended as
necessary since the original approval.
BACKGROUND:
Approval of the agreement allows continued services to the Salt Creek neighborhood on Route
11, the Red Creek Ride. Agreement expires December 31, 2019.
FINANCIAL IMPLICATIONS:
Pueblo County will pay $68,500 to the City of Pueblo for the cost of services for 2019.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board of Directors recommends approval.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The alternative, should this Ordinance not pass, is for Pueblo Transit to discontinue service to the
neighborhood reducing ridership on the Red Creek Ride by approximately 13,500 passenger trips
annually.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Agreement
AGREEMENT FOR EXTENDED TRANSIT SERVICES
TO THE SALT CREEK NEIGHBORHOOD
THIS AGREEMENT is entered into with an effective date of January 1, 2019 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").
WITNESSETH:
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 and County have previously entered contracts to provide a mass
transit system including the January 1, 2012 Agreement for Extended Transit Services to the Salt
Creek Neighborhood ("2012 IGA"); 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 term of this
Agreement, ,the County shall pay the City the amount of Sixty-Eight Thousand and Five Hundred
Dollars ($68,500.00) to subsidize the operation, maintenance and administrative expenses of the
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System ("County Subsidy"). The County shall pay the County Subsidy to the City in advance,
without notice, offset or deduction, 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 seg. 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 from January 1, 2019 to December 31, 2019.
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,
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.
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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 2012 IGA. 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
;irk
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By: !% APPBy:
Clerk to the Board Chair, Board of County Commissioners
Date: ( �J (
ATTEST: CITY OF PUEBLO
A Municisal Corporation
Byt
A ,✓1) City Clerk 4�
President of City Council
Date: /' � 8 ' /9
[ SEAL ]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: Taze •Coun /Attorney \ City Attorney
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