HomeMy WebLinkAbout09471
ORDINANCE NO. 9471
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 PUEBLO (“BEULAH”) MOUNTAIN 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 Beulah Mountain 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-13
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 PUEBLO (“BEULAH”) MOUNTAIN 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 Beulah Mountain 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 improvements
at the Beulah Mountain Park. The funding provided from the County will be $120,000
dollars. Using the County funds as the local cash match, the City will be applying for
funding from the Federal Lands Access Program to expand the scope of the budget to
complete these improvements. The improvements to be completed include the
replacement of culverts, reconstruction of swales, drainageways, and completing erosion
protection around bridges. The remaining funds will be used, as available, for rebuilding
roadways and bridges. The park roads are a vital connection to the National Forest hiking
trails.
FINANCIAL IMPLICATIONS:
The funding to the City authorized in the IGA will provide $120,000 dollars for matching
the Federal Lands Access Program (“FLAP”) grant for the Project in 2019. The total
Project cost will be $720,000. There are no additional funds required from the City. The
City will seek a FLAP grant in 2019. If the grant is not awarded, then the $120,000 in
funds will stay with the County to repair a culvert at the entrance to the park. The City will
commit to operate and maintain the improvements following the completion of the
improvements.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
The Project design elements will be reviewed with the U.S. Forest Service, Beulah Valley
Community, and other park users prior to construction.
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:
Proposed Ordinance
City-County IGA for Beulah Mountain Park Improvements
Execution Copy
INTERGOVERNMENTAL AGREEMENT
(Beulah Mountain Park Improvements)
THIS AGREEMENT is entered and is effective this ?g 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 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 Beulah Mountain Park Improvements Project which consists of the
replacement of culverts, reconstruction of swales, drainageways, erosion protection around
bridges, and the rebuilding of certain roadways leading to and located in Beulah Mountain Park
(hereinafter "Project"). The park roads also provide a vital connection to the hiking trails in the
surrounding San Isabel National Forest; and
WHEREAS,the City plans to use the County funds granted pursuant to this Agreement as
the local cash match in its application for funding from the Federal Lands Access Program
("FLAP")which, if awarded,would expand the scope of the budget to complete the project; and
WHEREAS, the estimated total cost of the project is $720,000.00 and the funds needed
from the County for matching the FLAP grant is $120,000.00; and
WHEREAS, Pueblo County desires to provide $120,000.00 from the 1 A funds to match
the FLAP grant for the project or, in the event that the FLAP grant is not awarded to the City, to
provide funds needed to complete a specified portion of 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
1.1 The County agrees to provide the City an amount not to exceed$120,000.00 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
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 a portion of the
improvements are funded by County Ballot Question 1A 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$120,000 to the City
per the following schedule:
$120,000 , 2019
The City may request 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, alter the payment schedule accordingly.
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
2
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.
1.7 Alternatively, in the event the FLAP grant is not awarded, the City shall
return to the County any funds previously paid over to City pursuant to this
Agreement or if the funds have not been previously paid to the City, County agrees
to expend such funds for a specified portion of the project consisting of the
replacement of an undersized culvert located near the main entrance into the park
and the repair and resurfacing of the road from State Highway 78 into the park and
leading to the park lodge. In this event, the County will act as the sole manager of
the Project portion on behalf of the parties and the County will determine the
method and manner in which the Project is completed in accordance with its
internal policies and procedures and agrees to complete the Project portion in its
entirety within thirty (30) months from the date the County issues debt for this
Project. City agrees to allow access to the Project site to the County to complete
this portion of the Project work.
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, such
monies, if any, previously committed or agreed to be committed by City to the Project or
other improvement projects at Beulah Mountain Park. 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.
3
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. All notices to be given pursuant to 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 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
4
With an additional copy to:
City Attorney's Office
#1 City Hall Place, 3rd 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 the
Agreement and all rights of action relating to enforcement are strictly reserved to the
Parties. Nothing contained in the Agreement gives or allows any claim or right of action
to any third person or entity
4.9. 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.
4.10. 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 Beulah Mountain Park 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 Beulah Mountain Park
improvements funded by County lA 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
5
federal or state law, including but not limited to the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, el seq. City shall provide and maintain Workers' Compensation
insurance coverage or self-insurance on its employees complying with the requirements of
State law.
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year
first written above.
ATTEST: COUNTY OF PUEBLO
# • A.
By: 24_ By:
�d� By:
Clerk to the Board / Chair, :d and of County Commissioners
Date:
ATTEST: CITY OF PUEBLO
B5L4.wda a AT By: -7Kg-t6e0//460i-e-•e;ef
Acting City Clerk- Mayor
Brenda Armijo Nicholas A. Gradisar
Date: u,.— 1� o2/
[ SEAL]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ! By:r/2ej
Coun Attorney City Attorney-
Cynthia Mitchell Daniel C. Kogovsek
6