HomeMy WebLinkAbout09438ORDINANCE NO. 9438
AN ORDINANCE APPROVING A COOPERATION
MAINTENANCE AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO CITY
SCHOOLS FOR MAINTENANCE OF CERTAIN PARK
PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE
THE SAME
WHEREAS, over the past ten years, City and School District have cooperated in the use
and maintenance of certain land for public park and recreational purposes; and
WHEREAS, through negotiations, City and District have agreed with respect to the
continued use and maintenance of certain District land for park purposes; and
WHEREAS, through negotiations, City and District have agreed with respect to the
continued use and maintenance of certain City land for District purposes; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Cooperation Maintenance Agreement dated March 25, 2019 by and between the City
of Pueblo, a Municipal Corporation, and Pueblo School District No. 60, also known as Pueblo City
Schools, relating to park maintenance of District land for neighborhood park purposes by the City,
after having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Agreement in the name of the City and
the Acting 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 this Ordinance and Agreement to implement the policies and
procedures described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on March 11, 2019 .
Final adoption of Ordinance by City Council on March 25, 2019 .
President of City Council
Action by the Mayor:
Approved on March 28, 2019
☒
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk
City Clerk’s Office Item #
R-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
March 11, 2019
TO:
President Dennis E. Flores and Members of City Council
CC:
Nicholas A. Gradisar, Mayor
VIA:
Brenda Armijo, Acting City Clerk
FROM:
Steven Meier, Parks and Recreation Director
SUBJECT:
AN ORDINANCE APPROVING A COOPERATION MAINTENANCE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND PUEBLO CITY SCHOOLS FOR MAINTENANCE
OF CERTAIN PARK PROPERTIES AND AUTHORIZING THE MAYOR
TO EXECUTE THE SAME
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign a Cooperation
Maintenance Agreement with Pueblo City Schools to allow City to maintain certain District
60 properties as City neighborhood parks.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Through a similar Agreement with Pueblo City Schools from 2008 through 2018, the City
maintained approximately 53.2 acres of District property as City parksin exchange for 2.6
acres of District owned land where City built Fire Station No. 9. On January 1, 2019, the
entire 53.2 acres reverted, and the District again became responsible for maintenance of
that land.
Certain City parks are located on land owned by Pueblo City Schools. The four District
park sites described in the Agreement total 24.0 acres, and it is essential City continue to
maintain these properties due to their immediate proximity to existing City owned parks.
In return, Pueblo City Schools will maintain 5.9 acres of City land, consisting of Little
Heaton Park, which is located adjacent to Heaton Middle School.
Public use of the parks maintained by City has been, and will continue to be, subject to
City's rules and regulations. Public use of parks maintained by the District will be subject
to District's rules and regulations.This agreement will expire December 31, 2023.
FINANCIAL IMPLICATIONS:
The costs associated with the maintenance of the 24.0 acres of Pueblo City School
property have been accounted for through the Parks Department’s maintenance and
operating budget for 2019.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If this Ordinance is not approved, the maintenance of these neighborhood parks will
remain the responsibility of the School District.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Cooperation Maintenance Agreement
Site Maps
COOPERATION MAINTENANCE AGREEMENT
4
THIS COOPERATION MAINTENANCE AGREEMENT("Agreement")effective as of they'day
of tv. c tt . 2019 by and between the City of Pueblo, a Municipal Corporation("City") and
Pueblo School District No. 60,aka Pueblo City Schools, a school district organized and existing under the
laws the State of Colorado("District"),
WITNESSETH:
WHEREAS,over the years,City and District have cooperated in the use and maintenance of certain
District land for public park and recreational purposes("Park Purposes"), and
WHEREAS,through negotiations City and District have agreed with respect to the continued use
and maintenance of certain District land for Park Purposes.
NOW,THEREFORE,
In consideration of the foregoing, the covenants contained herein, and other good and valuable
consideration,District and City agree as follows:
1. During the period from date hereof to December 31,2023, District authorizes City to and
City, at its expense, but subject to and contingent upon funds for such purpose being appropriated,
budgeted,and otherwise made available,shall use, occupy and maintain in the same or better condition as
existed on date hereof for School and Park Purposes, the following District land and all improvements
located thereon including, without limitation, recreational equipment and irrigation systems, subject,
however,to City's rules and regulations relating to the use thereof:
(a) Northridge School Park Site 7.81 acres
(b) Leidigh School Park Site 7.69 acres
(c) University School Park Site 6.40 acres
(d) Sunset School Park 2.1 acres
2. During the period from date hereof to December 31, 2023, City authorizes District to and
District, at its expense, but subject to and contingent upon funds for such purpose being appropriated,
budgeted,and otherwise made available,shall use, occupy and maintain in the same or better condition as
existed on date hereof for School and Park Purposes,the following City land and all improvements located
thereon including, without limitation, recreational equipment and irrigation systems, subject,however, to
District's rules and regulations relating to the use thereof:
(a) Little Heaton Park 5.9 acres
3. For purposes of this Agreement, the District land described in paragraph 1 hereof shall be
referred to as"City Park Land."
4. For purposed of this Agreement, the City land described in paragraph 2 hereof shall be
referred to as"District Park Land."
5. City shall not be responsible or liable for any injury to persons or damage to property
occurring on or resulting from activities conducted on District Park Land from and after date hereof,and to
the extent authorized by law, District shall indemnify, defend and save harmless City therefrom.
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6. District shall not be responsible or liable for any injury to persons or damage to property
occurring on or resulting from activities conducted on City Park Land from and after date hereof, and to
the extent authorized by law,City shall indemnify, defend and save harmless District therefrom.
7. Neither City nor District shall discriminate against any person in the use of the City Park
Land or District Park Land because of sex,sexual orientation,gender identity/expression,race,color,creed,
age, marital status,national origin,ancestry or disability.
8. No term or provision of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, benefits, rights, protections, or any other provision of the
Colorado Governmental Immunity Act, sections 24-10-101 and 120, C.R.S.,as amended,or any other law
granting immunity to City or District and/or their respective officers and employees.
9. This Agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year fiscal
obligation or an obligation of future appropriations by City or District, contrary to Article X, §20 of the
Colorado Constitution or any other constitutional,statutory or charter debt limitation. Notwithstanding
any other provision of this Agreement,with respect to any financial obligation of a party which may arise
under this Agreement in any fiscal year, in the event the budget or other means of appropriations for any
such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not
constitute a default by or breach of this Agreement, including any sub-agreement, attachment, schedule or
exhibit thereto.
10. This Agreement sets forth all understandings and agreements between City and District
relating to the subject matter hereof.No modification or amendment to this Agreement shall be valid unless
set forth in writing and approved by City and District.No verbal representation,agreement or understanding
by any officer or employee of City of District either before or after execution of this Agreement, shall
modify or amend any of the terms and provisions of this Agreement.
11. The provisions of this Agreement are for the benefit of City and District only, and no third
party shall have any right or remedy hereunder or the right to enforce any provision of this Agreement.
12. If either party defaults in its obligations under this Agreement ("Default"), the non-
defaulting party may give written notice to the defaulting party specifying the Default ("Notice"). If the
Default is not corrected within thirty (30) days after date of the Notice, the Default shall be submitted to
District's Superintendent and City's Mayor for resolution. If the Superintendent and Mayor are unable to
resolve the Default within ninety (90)days after the date of the Notice, the non-defaulting party may file
an action in the Pueblo County District Court to enforce the defaulting party's obligations under this
Agreement. Exclusive venue and jurisdiction for any action under this Agreement shall be in the Pueblo
County District Court.
13. Any notice to he given under this Agreement may be given by personal service or by
certified mail,postage prepaid, addressed:
(a) If to City, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003,Attention:
Mayor.
(b) If to District,Pueblo City Schools,315 West 11th Street,Pueblo,Colorado, 81003,
Attention: Superintendent.
Notice by mail shall be deemed given three business days after same is deposited in the U.S.mails.
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Executed at Pueblo, Colorado,the day and year first above written.
CITY OF PUEBLO PUE: ! -
OOL DISTRICT NO. 6
By Ze‘dilf"tir."4"44 By
Nicholas A. Gradisar,Mayor Bar.-. : Clementi, Board President
[SEAL] [SEAL]
Atte C M UL Attest: . T'eA'C.
Acting City Clerk Secretary to the Board
Approved as to form: Approved as to form:
Q•/*P-'4°44 Q K By: / c4'"1-1
e4-4-e--447----
City Attorney Caplan and Earnest LLC
Attorneys for Pueblo School District No. 60
4824-7276-9417,v.2
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