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ORDINANCE NO. 9470
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND PUEBLO COUNTY
RELATING TO THE USE OF 2016 BALLOT QUESTION 1A
CAPITAL IMPROVEMENT PROGRAM PROJECT FUNDING
FOR THE LAKE MINNEQUA PARK IMPROVEMENTS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between Pueblo, a Colorado Municipal
Corporation, and Pueblo County relating to the use of 2016 Ballot Question 1A Capital
Improvement Program Project Funds for the Lake Minnequa Park Improvements, a copy
of which is attached, 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 the intent of the 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 May 13, 2019 .
Final adoption of Ordinance by City Council on May 28, 2019_______________.
President of City Council
Action by the Mayor:
☒
Approved on June 1, 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 Deputy City Clerk
City Clerk’s Office Item # R-12
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
May 13, 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, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF
2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM
PROJECT FUNDING FOR THE LAKE MINNEQUA PARK
IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
This Ordinance approves an Intergovernmental Agreement (“IGA”) between Pueblo, a
Colorado Municipal Corporation (“City”) and Pueblo County (“County”) relating to the use
of 2016 Ballot Question 1A Capital Improvement Program funds for the Lake Minnequa
Park Improvements.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Ordinance approves an IGA between the City and the County relating to the use of
2016 Ballot Question 1A Capital Improvement Program Project funds for the Lake
Minnequa Park Improvements. The funding provided from the County will be $2.5 million
dollars. The improvements include the construction of a restroom, concession, plaza, park
extension of an additional turf playfield area, parking lot expansion and paving, park
shelters, playground, lighting and signage for the park. The funding will be used to pay
for associated soft costs and hard costs relating to construction of the improvements.
FINANCIAL IMPLICATIONS:
The funding to the City authorized in the IGA will provide $2.5 million dollars for the
Project, with $1.5 million dispersed in 2019 and $1 million dispersed in 2020 from Pueblo
County Project Funds. There are no matching funds required from the City, although the
City will provide in-house design and construction management of the improvements
totaling an estimated value of $35,000. In addition, the City will commit to operate and
maintain the improvements following the completion of the construction.
BOARD/COMMISSION RECOMMENDATION:
The park improvements included in the IGA are included in the Master Plan for the Lake
Minnequa Park and Open Space Area that was reviewed by the Planning and Zoning
Commission in October 2008.
STAKEHOLDER PROCESS:
The Master Plan for the Lake Minnequa Park and Open Space Area was completed in
March 2008 and updated in October 2008. The Master Plan included multiple public
meetings in conjunction with the public outreach for the establishment of the Lake
Minnequa Urban Renewal Area in 2008.
ALTERNATIVES:
Currently, there are no alternatives for completing the improvements without the funding
from the 2016 Ballot Question 1A Capital Improvement Program Project funds.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
ProposedOrdinance
City-County IGA for the Lake Minnequa Park Improvements
Execution copy
INTERGOVERNMENTAL AGREEMENT
(Lake Minnequa Improvements)
THIS AGREEMENT is entered and is effective this ZS day of May, 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 Iist 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 Lake Minnequa Improvements Project which consists of the
construction of restrooms,a concession facility,a plaza,an extension of an additional turf playfield
area, parking lot expansion and paving,park shelters, playground improvements, and lighting and
signage for the park(hereinafter"Project"); and
WHEREAS, the total cost of the design and construction of the improvements for the
Project is $2,500,000; and
WHEREAS, Pueblo County desires to provide $2,500,000 from the IA 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 $2,500,000 for the
purpose of completing the Project. The Parties understand that the County's
obligation under this Agreement is only to fund the Project in accordance with the
specific provisions set forth and it is the City's obligation to manage all aspects of
and complete the Project. The City shall bear all risk and responsibility related to
management of and completing the same.
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1.2 The City will act as the sole manager (including construction management) 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 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 In addition to its other submittals required hereunder, the City shall provide written
quarterly updates to the County regarding the progress of all aspects of 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 signage 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 reserve the sum of $2,500,000 for
reimbursement to the City in accordance with the further terms of this Agreement.
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. At the present time, the City has requested .the division of the
reimbursement amounts over a two-year period as follows:
$1,500,000 , 2019
$1,000,000 , 2020
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 commence payments of 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
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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.
1.7 As a condition precedent to the disbursement by County of the funds identified
herein for the costs of the Project, City shall file with the County's Director of
Budget and Finance periodic written requests for reimbursement to the City of
amounts paid to third party contractors, certified to be true and correct by the City,
representing that the amounts included in the request for reimbursement have not
been included in any prior request for reimbursement and are for the actual costs of
the Project, identifying the specific work for which reimbursement is sought and
including a copy or copies of the invoices paid by the City for Project costs and for
which reimbursement is being sought. County agrees to proceed with due diligence
in acting upon all such requests for reimbursement. City shall not submit requests
for reimbursement which exceed in the aggregate $2,500,000.
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 or City's other project
partners on the Project or other improvement projects at Lake Minnequa. The City hereby
represents that the total costs of developing Lake Minnequa as a City/Community Park,
open space,and regional stormwater retention facility to date are$8,055,000 and have been
funded by the City and its various project partners, all as are identified on Exhibit A
attached hereto and incorporated herein by this reference. In addition, the City shall
provide in-house design and construction management of the Project with an estimated
value of$35,000. In addition, 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.
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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 set
forth in a writing and executed by all Parties.
4.4 This Agreement shall be binding upon and inure to the benefit of the Parties 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 Agreement, all notices to be given under 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:
Pueblo County Department of Budget and Finance
Pueblo County Courthouse
215 West 1011' Street
Pueblo, CO 81003
With a copy to:
Pueblo County Attorney's Office
Pueblo County Courthouse
215 West 10"' Street, Room 312
Pueblo, CO 81003
And
Mayor's Office
#1 City Hall Place, 2" Floor
Pueblo, CO 81003
With a copy to:
Director of Planning and Development
211 East D Street
Pueblo, CO 81003
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With an additional copy to:
City Attorney's Office
#1 City Hall Place, 3`d Floor
Pueblo, CO 81003
4.6 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.
4.7 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.
4:8 NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of this
Agreement and all rights of action relating to enforcement are strictly reserved to
the Parties. Nothing contained in this Agreement gives or allows any claim or
right of action to any third person or entity.
4.9 LEGAL AUTHORITY: Each of the Parties represent and warrant that they possess
the legal authority, pursuant to any proper, appropriate and official motion,
resolution, ordinance, or other 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.
4.10 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.
4.11 LIABILITY AND INSURANCE: As between the City and County, City (as the
owner and operator of Lake Minnequa Park and all 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
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sustained, in whole or in part, in conjunction with or arising out of the use of the
Lake Minnequa improvements funded by County 1A dollars or arising out of 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 in compliance
with the requirements of State law.
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(SIGNATURE PAGE FOLLOWS}
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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 PUEBLO
74) -
By: - _..,
By:
Clerk to the Board Chair, Board of County Commissioners
Date:
ATTEST: CITY OF PUEBLO
BY4PirLil (�U
(L-41,
D By: F ei,k) ,rad
Acting City Clerk- J Mayor
Brenda Armijo Nicholas A. Gradisar
Date: Tv,/, deJ�?
[ SEAL]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ""'�-�-�9 t By:›�`�'me-.41_<742kateK
Co�orne City Attorney-
Cynthia Mitchell Daniel C. Kogovsek
7
Planning, a, CCmMUnity Daveioprnen
X111 Steven Meier, Director
colorodo
�,, �..�.. . ,,d.., �4w •
211 East D Street { Pueblo,Colorado 81003 { Tel 719-553-2259 I Fax 719-553-2359 I TTY 719-553-2611 1 www.pucbto.us
Lake Minnequa Phases, Partners and Funding:
Summary detailing funding, phasing and partnerships relating to developing Lake Minnequa as a City
community park, open space and regional stormwater detention facility. Total costs to date =$8,055,000.
Phase I Description City/Partners Funding
In 2009,the City purchased 240 acres of land from CFI land City $1,400,000
and combined it with 50 acres of City land to establish the DOLA 650,000
park, constructed 23/4 miles of a soft surface trail, performed Lower Ark W.D. 600,000
lake and drainage improvements, realign utilities, developed GOCO 2,300,000
a new park road,4 basketball courts, fence, landscaping, BOWW 125,000
parking lots, and shelter. BOWW provided services to
develop the water carriage agreement with CF&I, the water
augmentation plans and secured necessary water rights to
off-set the augmentation requirements.
*TOTAL $5,175,000
*Note-Amounts are rounded.
Phase II Description City/Partners Funding
In 2011, City begin developing the large 8-acre lawn area City $170,000
near Pueblo Blvd., raised the surface level throughout Phase HUD/ EDI 240,000
II by three feet to get above the existing soils that are high in Black Hills 650,000
salinity, developed a 175 vehicle (gravel) parking area,and PPAL 250,000
installed a number of shade trees.
*TOTAL $1,310,000
*Note-Amounts are rounded.
Phase III Description City/Partners Funding
In 2013,City storm water department begin dredging the City(in-kind) $400,000
edge of the lake to improve water quality. Initiated an effort City(BOWW 1,100,000
to control the invasive plant materials. BOWW fronted reimbursement)
$1.1M cost to install a pipeline from St. Charles Reservoir Fountain Crk. 70,000
No. 2 to Lake Minnequa in order to maintain a sufficient Watershed Dist.
water level and improve water quality. The was obligated to (in-kind)
reimburse the BOWW within a 3-year period.
Also beginning in 2016, the City begin filling in the park site
anticipating Phase IV(current project funded by County's 1A
funds).The Fountain Creek dredging project hauled approx.
20,000 cubic yards to this site for the field expansion.
Throughout 2018,the City Park's Dept. has been grading the
site in preparation of the lA funding for Phase IV.
*TOTAL $1,570,000
*Note-Amounts are rounded.
January 25, 2019
AMENDMENT TO THE INTERGOVERNMENAL AGREEMENT
THIS AMENDMENT is entered and is effective this / Say of February 2022,
("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, the Parties entered into an Intergovernmental Agreement dated May 28,
2019(the"Agreement")whereby the County agreed to provide funding to the City of Pueblo from
Pueblo County's 2016 Ballot Question IA Capital Improvement Program for construction
improvements to the City of Pueblo Lake Minnequa Improvements Project (" Project"); and
WHEREAS, in Section 2 of said Intergovernmental Agreement, it states 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; and
WHEREAS,the City of Pueblo has requested a time extension for the completion of the
Lake Minnequa Improvements project through April 30, 2022, to allow for completion of the
park shelter installation; and
WHEREAS,the County agrees to grant the time extension to April 30, 2022,to allow the City
to complete all work and close out all contracts for the Project; and
WHEREAS, the Parties desire to enter an Amendment to the Intergovernmental Agreement
to extend the term of the Intergovernmental Agreement to expire on April 30, 2022, for said purpose.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises
contained herein, the sufficiency of which is acknowledged, the Parties agree to amend the
Intergovernmental Agreement as follows:
1. Section 2. TERM AND TERMINATION is amended to read as follows:
The term of this Agreement shall begin on the Effective Date and, unless sooner
terminated as provided herein, shall expire on April 30, 2022.
2. Except as is expressly set forth in this Amendment, all of the terms and conditions
of the original Intergovernmental Agreement shall remain in full force and effect
and shall continue to bind the parties in accordance with the express terms thereof.
IN WITNESS WHEREOF, the Parties have entered into this Amendment to the
Intergovernmental Agreement and is effective as of on the above referenced date.
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ATTEST: COUNT F PUEBLO
2
Clerk to the Board Chair, Board of County Commissioners
Date: (947'//49"'
ATTEST: CITY OF PUEBLO
By: S- "N By:
Y
Cit C Mayor
Nicholas A. Gradisar
Date: F.47
[ SEAL]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: >. "11-ti4J
Count Attorney City Attorney
Cynthia Mitchell Daniel C. Kogovsek
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