HomeMy WebLinkAbout09472ORDINANCE NO. 9472
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND PUEBLO COUNTY, COLORADO, A
POLITICAL SUBDIVISION OF THE STATE OF COLORADO AND
THE PUEBLO AREA COUNCIL OF GOVERNMENTS, A
COLORADO INTERGOVERNMENTAL AGENCY, RELATING TO
THE STUDY OF THE PUEBLO STATION AREA PLAN FOR
AMTRAK’S SOUTHWEST CHIEF PASSENGER TRAIN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Memorandum of Understanding (“MOU”) between the City of Pueblo, a Colorado
municipal corporation and Pueblo County, a political subdivision of the State of Colorado and the
Pueblo Area Council of Governments, a Colorado intergovernmental agency, relating to the study
of the Pueblo Station Area Plan for Amtrak’s Southwest Chief passenger train, attached hereto,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized and requested to execute said MOU for and on behalf 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 MOU, 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-14
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 13, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, Acting City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY,
COLORADO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO AND
THE PUEBLO AREA COUNCIL OF GOVERNMENTS, A COLORADO
INTERGOVERNMENTAL AGENCY, RELATING TO THE STUDY OF THE
PUEBLO STATION AREA PLAN FOR AMTRAK’S SOUTHWEST CHIEF
PASSENGER TRAIN
SUMMARY:
The attached Ordinance approves a Memorandum of Understanding (“MOU”) between the City
of Pueblo, Pueblo County and the Pueblo Area Council of Governments, a Colorado
intergovernmental agency (“PACOG”) relating to the study of the Pueblo Station Area Plan
(“Study”) for Amtrak’s Southwest Chief passenger train.
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 (“CIP’s”). 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 Study which will identify and conceptualize a station
for Amtrak’s Southwest Chief multi-state passenger train which may travel to Pueblo using a thru-
car option to and from La Junta. Specifically, the Study will make recommendations that identify
the key elements to be included in the preferred passenger rail station design and rail
infrastructure improvements and will outline the next steps by which to further the initiative and to
reestablish passenger rail service in Pueblo, including options related to funding of capital
improvements.
FINANCIAL IMPLICATIONS:
Pueblo County will pay for the Study in the amount of $219,919. Thereafter the County will be
reimbursed the amount of $35,105.10 toward the cost of the Study with funds in PACOG’s 2019
budget.
Under the attached Ordinance, no funds from the City of Pueblo will be used to pay for the Study,
but the City agrees to provide City staff to participate in the Study by attending relevant meetings
and to provide information that may be relevant to the Study.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the City will not endorse or participate in the Study.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
Proposed Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered and is effective
this 2t day of Vktky , 2019 ("Effective Date") between Pueblo County, a political subdivision
of the State of Colorado, ("County"), the Pueblo Area Council of Governments ("PACOG"), an
intergovernmental organization consisting of nine member entities, and the City of Pueblo, a
Colorado municipal corporation and a home-rule municipality ("City"), (collectively, the
"Parties").
RECITALS
WHEREAS, on November 8, 2016 Pueblo County ("County") voters passed Ballot
Question 1 A, 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
Community 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 identifying and conceptualizing a station for Amtrak's Southwest Chief multi-state
passenger train, or other passenger rail, which may travel to Pueblo using a thru-car option to and
from La Junta(hereinafter"Pueblo Station Area Plan" or"Study"); and
WHEREAS, the Study will provide analysis of identified locations (up to three) for the
Pueblo passenger rail station at the Pueblo Depot as identified by the Southwest Chief
Commission; evaluate preliminary railroad operational analysis for the through-car Southwest
Chief service as it related to trackage improvements near and adjacent to Pueblo Union Depot;
identify facility amenities and other Amtrak requirements related to passenger station design;
evaluate land ownership, zoning and other state area opportunities and issues; evaluate potential
future service and operational characteristics for Front Range Passenger service and present a list
of recommendations and steps necessary to achieve Amtrak service implementation in Pueblo that
does not preclude future Front Range Passenger rail service connecting all of Colorado's Front
Range from Trinidad to Fort Collins; and
WHEREAS, ultimately the Study will make recommendations that identify the key
elements to be included in the preferred passenger rail station design and rail infrastructure
improvements and will outline the next steps by which to further the initiative and to reestablish
passenger rail service in Pueblo,including options related to funding of capital improvements; and
WHEREAS, the Parties recognize that a regional train station is significant to all parties,
requires input from all Parties and their collective transportation staff members and committees,
involves and integrates long range planning efforts that are often multi jurisdictional, and
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eventually may require multi jurisdictional efforts for funding, coordination of services,
partnerships and future collaboration; and
WHEREAS, this MOU is intended to set forth the mutual understanding of the Parties in
regard to the proposed Pueblo Station Area Plan.
NOW, THEREFORE, it is agreed by and between the Parties hereto as follows:
I. PURPOSE OF MEMORANDUM OF UNDERSTANDING
It is in the mutual interest of all signatories to this MOU to participate in and support the
County's proposed Pueblo Station Area Plan study with the overall goal to eventually bring
passenger rail service to Pueblo, Colorado. This MOU shall further outline the agreed upon
duties and responsibilities of each of the Parties.
II. ROLES AND RESPONSIBILITIES
A. The County agrees to fund the Pueblo Station Plan study with the revenues from expiring
Tax Incentive Agreements, as allowed by the passage of the County's 2016 Ballot
Question 1A.
B. The County plans to hire a consultant to complete the Study and the approximate cost of
the Study is $219,919.
C. The following tasks are to be completed by the Study:
1) Project Management;
2) Station Location Alternatives Evaluation;
3) Railroad Operations Analysis;
4) Railroad Infrastructure Modifications/Improvements;
5) Environment and Economic Development Impacts;
6) Station Facility Design;
7) Preparation of Draft Document and Presentation of Preliminary Recommendations;
and
8) Preparation of Final Document.
D. The consultant will require that key staff from Pueblo County and PACOG serve as
members of a Project Study Team, and members will be required to participate in bi-
weekly meetings and various public meetings and informational presentations.
The Project Study Team will also:
1) evaluate potential sites within the study area;
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2) select two finalist sites that will be vetted further, from which a preferred site for the
future rail station will be selected;
3) coordinate with BNSF, Amtrak and the Union Pacific Railroad to identify any effects
which the proposed train service will have on existing or projected passenger or
freight rail service operating near Pueblo Union Depot or other selected sites;
4) perform a high-level analysis of environmental and community impacts of the
project; and
5) prepare recommendations on the design elements, components and facilities to be
included in the conceptual station designs.
6) The County will pay for the Study in the amount of$219,919. Thereafter the County
will submit an Invoice to the City in the amount of$35,105.10, which will be paid by
the City. The City will be reimbursed the amount of$35,105.10 toward the cost of
the Study with funds in PACOG's 2019 budget.
E. The County will act as the sole manager of the Project on behalf of the Parties. The County
shall provide written quarterly updates to the Parties regarding the progress of the Project.
F. Staff for City, County and PACOG shall participate in the Study by attending relevant
meetings organized by the consultant, provide information that may be relevant to the
Study, offer input for the Study and collaborate with each other for long-range planning to
obtain funding, coordinate services and possibly join forces with other interested third
parties.
III. TERM AND TERMINATION
The term of this MOU shall begin on the Effective Date and end thirty (30) months from
the date the County issues debt for the first phase of the CIP.
IV. OTHER
A. This MOU is expressly contingent upon the County's ability to obtain
certificates of participation or another source of funding for the Project.
B. This MOU constitutes the entire agreement between the Parties and
supersedes all prior and contemporaneous agreements, representations and
understandings between them. This MOU 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.
C. This MOU may be amended by written agreement of all Parties.
D. Except as set forth elsewhere in this paragraph, all notices to be given in this
MOU shall be made in writing and shall be sufficient if delivered personally
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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
With an additional copy to:
City Attorney's Office
#1 City Hall Place, 3rd Floor
Pueblo, CO 81003
AND PACOG
E. The Parties shall implement this MOU in good faith including acting in good faith in
all matters that require joint or coordinated action.
F. The Parties will perform their duties under this MOU 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.
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G. No party shall be deemed to be partners or joint venturers,and no Party shall be responsible
for any debt or liability of the other Party other than as specifically described in Section
II.C. of this MOU.
H. Notwithstanding any other provision of this MOU to the contrary, no term or condition of
this MOU shall be construed or interpreted as a waiver of the Colorado Governmental
Immunity Act, C.R.S. Section 24-10-101, et seq., by the Parties hereto.
(THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK}
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IN WITNESS WHEREOF, the Parties hereto have entered into this Memorandum of
Understanding effective the day and year first written above.
ATTEST: COUNTY OF PUEBLO
By: , JO 'i By: c " 69'
Clerk to the Board Chair, Board of County Commissioners
Date: 5/ l�J
ATTEST: CITY OF PUEBLO
B By: .7 4 ,d : d�6. e
Brenda Armijo C Nicholas A. radisar
Acting City Clerk Mayor
Date: Szt.¢_ /./ c9.017
SEAL
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:. 1
Cou y Attorney City Attorney
PUEBLO AREA COUNCIL
OF GOVERNMENTS
ATTEST:
hJ B -- filth `I
ouella R. Salazar Dennis E. ores
PACOG Secretary PACOG Chair
Date: `� ' �•3 ` �}t�I Q
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