HomeMy WebLinkAbout09449ORDINANCE NO. 9449
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE
COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF
THE STATE OF COLORADO RELATING TO THE PUEBLO
MEMORIAL AIRPORT IMPROVEMENTS PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
INTERGOVERNMENTAL AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement, dated February 28, 2019, between the City
of Pueblo, a Colorado municipal corporation and Pueblo County, a political subdivision
of the State of Colorado relating to the Pueblo Memorial Airport Improvements Project,
a copy of which is attached hereto having been approved as to form by the City Attorney,
is hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Intergovernmental
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 authorized and directed to perform any and
all acts consistent with this Ordinance and the attached Intergovernmental Agreement
which are necessary to effectuate the purposes and transactions 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 April 8, 2019 .
Final adoption of Ordinance by City Council on April 22, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on April 26, 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: April 8, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION
AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO RELATING TO THE PUEBLO MEMORIAL AIRPORT
IMPROVEMENTS PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID INTERGOVERNMENTAL AGREEMENT
SUMMARY:
Attached is an Ordinance which approves and authorizes the Mayor to execute an
intergovernmental agreement (“IGA”) regarding the Pueblo Memorial Airport Improvements
Project.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
On November 8, 2016 Pueblo County voters approved Ballot Question 1A which authorized
Pueblo County to utilize revenues from expiring Tax Incentive Agreements in the amount of
approximately $66 million to fund specific community improvement projects. Pueblo County has
determined that it is financially advantageous to issue certificates of participation to provide
funding of fifteen (15) specific improvement projects beginning in 2019.
One of the fifteen (15) selected projects is the Pueblo Memorial Airport Improvement Project
which consists of stormwater upgrades and landscaping upgrades at the airport.
FINANCIAL IMPLICATIONS:
The total cost of the construction improvements is $280,000. Under the attached IGA, Pueblo
County has agreed to reimburse the City in the amount of $180,000 in 2019 and $100,000 in
2020.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the IGA will not be approved and the City of Pueblo will not be
reimbursed $280,000 for stormwater upgrades and landscaping upgrades at Pueblo Memorial
Airport.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance; proposed Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
(Airport Improvements)
THIS AGREEMENT is entered and is effective this a$ day of February, 2019("Effective
Date") between Pueblo County, a political subdivision of the State of Colorado, ("County") and
the City of Pueblo, a Colorado municipal corporation and a home-rule municipality ("City")
(collectively, the "Parties").
WITNESSETH:
WHEREAS, on November 8, 2016 Pueblo County ("County") voters passed Ballot
Question 1A, which allows the County to collect, retain and spend all revenue from all sources
notwithstanding the limitations of Article X, Section 20 of the Colorado Constitution("TABOR")
or other law and utilize revenues from expiring Tax Incentive Agreements.("TIA") in the amount
of approximately$66 million to fund an initial list of 20 specific community improvement projects,
and a list of projects as modified or supplemented from time to time, now formally known as the
Capital Improvement Program ("CIP"); and
WHEREAS, Pueblo County has conducted an analysis surrounding a proposed financing
utilizing Certificates of Participation and the TIA revenues, determining that financing is possible
to support funding of 15 specific community improvement Projects in the CIP beginning in 2019,
including the City of Pueblo Memorial Airport Improvements Project which consists of
stormwater upgrades and landscaping upgrades (hereinafter"Project"); and
WHEREAS, the total cost of the construction improvements is $280,000; the
improvements will consist of the installation of stormwater and landscaping upgrades at the
Airport; and
WHEREAS, Pueblo County desires to provide $280,000 from the 1 A funds to pay for the
Project subject to and in accordance with the provisions of this written Agreement.
NOW THEREFORE, in consideration of the promises, conditions and covenants set forth
herein the Parties mutually agree as follows:
1. SPECIFIC PROVISIONS:
1.1 The County agrees to provide the City an amount not to exceed $280,000 for the
purpose of completing the Project. The Parties understand that the County's
obligation under this Agreement is only to fund the Project and it is the City's
obligation to complete the Project. The City shall bear all risk and responsibility
related to completing the same.
1.2 The City will act as the sole manager of the Project on behalf of the Parties. As
such, the City will determine the method and manner in which the Project is
completed, in accordance with its internal policies and procedures. However, the
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City must complete the Project in its entirety within thirty (30) months from the
date the County issues debt for this Project. City hereby represents and warrants to
County that it will commit the human and other resources necessary to undertake
and perform its obligations under this Agreement and within the time periods
specified. City further acknowledges and intends that County rely upon this
representation and warranty.
1.3 The City shall provide written quarterly updates to the County regarding the
progress of the Project and shall include copies of the invoices submitted to and
paid by the City for the Project. The City will publicly promote the Project and
periodically inform the public about the Project. County, at its expense, shall be
allowed to post a sign at the project site indicating that the improvements are funded
by County Ballot Question 1 A funds.
1.4 Title to all improvements, equipment and work product related to the Project shall
vest in the City.
1.5 Upon the receipt by the County of the proceeds from the issuance of debt by the
County to fund the Project the County will forward the sum of$280,000 to the City
per the following schedule:
$180,000 , 2019
$100,000 , 2020
The City has requested the division of the payment over a two-year period in order to avoid
the potential of exceeding its TABOR limitations in year 2019. At the written request of
City, County may, in its discretion, accelerate the payment schedule.
1.6 Within a period not to exceed 90 days after the effective date of this Agreement,
City shall submit to County a detailed scope of the work elements to be undertaken
on the Project and a proposed budget of the agreed upon sum among the specific
project work elements. The obligation of County to pay over the agreed upon sum
to City shall be contingent upon the final approval by the Board of County
Commissioners of the submittals required by this subsection. County agrees to
consider and take final action on the submittals within 30 days of its receipt of a
complete set of the required submittals. City agrees to make its representative(s)
available to answer any questions the County may have on the submittals. In the
event the City fails to make the required submittals within the time period specified,
the County may, but shall not be required to, suspend or terminate this Agreement
in order to redirect the funds to another project or projects in the CIP.
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2. TERM AND TERMINATION:
The term of this Agreement shall begin on the Effective Date and, unless sooner
terminated as provided herein, end thirty(30)months from the date the County issues debt
for the first phase of the CIP.
3. CITY CONTRIBUTIONS:
City agrees that the funds committed by County pursuant to this Agreement are
intended by County to be, in addition to and not in substitution or replacement of, any
monies previously committed or agreed to be committed by City to the Project or other
improvement projects at the airport. The funds to be provided by County hereunder shall
not be used for the purchase of snow removal or other equipment needed at the airport,
and/or to obtain a Match Grant from the Colorado Department of Transportation to fund
the purchase of such equipment. City shall, at its sole and separate expense, operate and
maintain the improvements following completion of the Project.
4. OTHER:
4.1 The City shall bear all risk and responsibility related to compliance with Article X,
Section 20 of the Colorado Constitution ("TABOR") or other law which is
applicable to the transactions described in this Agreement.
4.2 This Agreement is also expressly contingent upon the County's ability to obtain
certificates of participation or another source of funding for the Project.
4.3 This Agreement constitutes the entire Agreement between the Parties and
supersedes all prior and contemporaneous agreements, representations and
understandings between them. This Agreement shall be construed and enforced
according to the laws of the State of Colorado. No alterations, amendments,
changes or modifications to this Agreement shall be valid unless they are
contained in writing and executed by all Parties.
4.4 This Agreement shall be binding and inure to the benefit of the Parties to it and
their respective legal representatives, successors and assigns. Any delegation or
assignment of this Agreement by either Party without the prior written consent of
the other Party shall be void. The subject headings of the paragraphs of this
Agreement are included for purposes of convenience only and shall not affect the
construction or interpretation of its provisions.4.5. Except as set forth elsewhere in
this paragraph, all notices to be given in this Agreement shall be made in writing
and shall be sufficient if delivered personally due to the need for timely
transmission of information or by Certified Mail to the other party at the following
addresses:
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Pueblo County Department of Budget and Finance
Pueblo County Courthouse
215 West 10th Street
Pueblo, CO 81003
With a copy to:
Pueblo County Attorney's Office
Pueblo County Courthouse
215 West 10th Street, Room 312
Pueblo, CO 81003
And
Mayor's Office
#1 City Hall Place, 2nd Floor
Pueblo, CO 81003
With a copy to:
Director of Planning and Development
211 East D Street
Pueblo, CO 81003
With an additional copy to:
City Attorney's Office
#1 City Hall Place, 3rd Floor
Pueblo, CO 81003
4.5 GOOD FAITH: The Parties shall implement this Agreement in good faith
including acting in good faith in all matters that require joint or coordinated
action.
4.6 STATUS OF PARTIES: The Parties will perform their duties under this
Agreement independent from each other. Neither Party, nor any employee,
officer or agent thereof, will be considered to be an agent or employee of the other
Party for any purpose whatsoever.
4.7 NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the
Agreement and all rights of action relating to enforcement are strictly reserved to
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the Parties. Nothing contained in the Agreement gives or allows any claim or
right of action to any third person or entity.
4.8 LEGAL AUTHORITY: The Parties assure that they possess the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action
passed or taken, to enter into this Agreement. The person or persons signing and
executing this Agreement do hereby warrant that he/she or they have been fully
authorized to execute this Agreement and to validly and legally bind their
principals to all the terms, performances and provisions herein set forth.
4.9 SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything to
the contrary, the Parties understand and agree that all terms and conditions of this
Agreement which may require continued performance or compliance beyond the
termination date of this Agreement and shall survive such termination date and shall
be enforceable by the Parties.
4.10 LIABILITY AND INSURANCE: As between the City and County, City (as the
owner and operator of the Pueblo Memorial Airport and the Project improvements)
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 use of the
Pueblo Memorial Airport improvements funded by County 1 A dollars 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 seq. City shall provide and maintain Workers' Compensation
insurance coverage or self-insurance on its employees complying with the
requirements of State law.
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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year
first written above.
ATTEST: COUNTY OF 'UEBLO
44 A/ l I ,
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By: � � a
s- By: /411°
Clerk to the Board / Chair, Board of County Commissioners
Date:
ATTEST: CITY OF PUEBLO
Bye Al i By.
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Acting City Clerk- ayor
Brenda Armijo Nicholas A. Gradisar
Date: 6l pa--/
[ SEAL]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: C ,k-4"4,...9 J By: /�C�
CoLfnt1Y Attorney City Attorney
Cynthia Mitchell Daniel C. Kogovsek
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