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ORDINANCE NO. 9565
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 UNION AVENUE PEDESTRIAN, PARKING AND
STREETSCAPE IMPROVEMENTS, ESTABLISHING THE
PROJECT NO. CI1912 BUDGETING AND APPROPRIATING
$100,000.00 AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 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 Union Avenue Pedestrian, Parking and Streetscape Improvements,
a copy of which is attached, having been approved as to form by the City Attorney, is
hereby approved. The Mayor is authorized to execute and deliver the Agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and
attest same.
SECTION 2.
The Union Avenue Pedestrian, Parking and Streetscape Improvements Project,
CI1912, is hereby established.
SECTION 3.
Funds in the amount of $100,000.00 shall be budgeted and appropriated to the
Union Avenue Pedestrian, Parking and Streetscape Improvements Project, CI1912.
SECTION 4.
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 5.
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 September 23, 2019.
Final adoption of Ordinance by City Council on October 15, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on October 17, 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
City Clerk
City Clerk’s Office Item # R-4
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 23, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting 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 UNION AVENUE PEDESTRIAN,
PARKING AND STREETSCAPE IMPROVEMENTS, ESTABLISHING THE
PROJECT NO. CI1912 BUDGETING AND APPROPRIATING
$100,000.00 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, establishes the
Project No. CI1912, and budgets and appropriates $100,000.00 for the design phase of
the Union Avenue Pedestrian, Parking and Streetscape Improvements Project.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Funds in the amount of $100,000.00 will be used for the design phase to identify and
coordinate improvements with the City’s masterplans for roadway designs in the
surrounding areas. The Union Avenue Historic Commercial District is a century-old
business district with dozens of historically designated structures fronting Union Avenue
including retail shops, restaurants, civic buildings and the crossing of HARP. The
planning study will identify specific improvements and provide design and construction
documents that support pedestrian activity, parking and enhance streetscaping along
Union Avenue right-of-way between City Center Drive and B Street. Following the
completion of the design phase an amendment to the IGA in the amount of $900,000.00
million dollars will be provided for the construction of the improvements starting in 2020
and concluding in 2021.
FINANCIAL IMPLICATIONS:
Funding in the amount of $100,000.00 will be available for the design phase of the Project
in 2019. Following the completion of the design phase, funding from the 2016 Ballot
Question 1A Capital Improvement Program will provide $900,000.00 in 2020.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Currently, there are no alternatives for completing the Project without the funding from
the 2016 Ballot Question 1A Capital Improvement Program Project funds.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
Proposed Intergovernmental Agreement (IGA)
EXECUTION COPY
INTERGOVERNMENTAL AGREEMENT
(Union Avenue Pedestrian, Parking and Streetscape Improvements)
THIS AGREEMENT is entered and is effective this g( day of October, 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 2018,
including the Union Avenue Pedestrian, Parking and Streetscape Project which consists of a
research and planning study to identify specific improvements that support pedestrian activity,
parking and enhances streetscaping for the section of Union Avenue which runs parallel to Main
St. from Southwest of the Arkansas River and running Northeast to City Center Drive, a design
phase and thereafter the construction of specific improvements identified in the planning study and
the design. The planning and design phase is hereinafter referred to as "Project"; and
WHEREAS,the total fee estimated for the planning and design phase project is $100,000;
the estimated cost of the construction improvements for the Project is $900,000 resulting in a total
estimated cost for the entire project of$1,000,000; and,
WHEREAS, Pueblo County desires to provide $100,000 from the 1A funds for the
Planning and Design Phase Project currently; and
WHEREAS,the Parties anticipate and expect to enter into a subsequent Intergovernmental
Agreement covering the balance needed for the construction of improvements but now desire to
enter into this Agreement for the planning and design phase, hereinafter the "Project"; and
Pueblo County desires to provide $100,000 from the 1 A funds to pay for the Project
subject to and in accordance with the provisions of this written Agreement.
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EXECUTION COPY
NOW THEREFORE, in consideration of the promises, conditions and covenants set forth
herein the Parties mutually agree as follows:
I. SPECIFIC PROVISIONS:
1.1 The County agrees to provide the City an amount not to exceed $100,000 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
City must complete the Project in its entirety on or before December 7, 2021. 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 period specified. City further acknowledges and intends that
County rely upon this representation and warranty. Notwithstanding the foregoing,
Project completion is a precedent to further County funding of the costs of
construction of the improvements which are the subject of this Project.
1.3 The City shall provide written quarterly updates to the County regarding the
progress of the Project and shall include copies of invoices submitted to and paid
by 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(s) at the project site indicating that the improvements are funded by County
Ballot Question 1 A Funds.
1.4 Title to planning and design work product related to the Project shall vest in the
City.
1.5 County received the proceeds from the issuance of debt on June 27, 2019. County
will forward to City the Sum of$100,000 in calendar year 2019 in accordance with
the further provisions of this Agreement.
1.6 Within a period not to exceed sixty (60) 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 thirty (30)
days of its receipt of a complete set of the required submittals. City agrees to make
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EXECUTION COPY
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
period of time specified, 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.
2. TERM AND TERMINATION:
The term of this Agreement shall begin on the Effective Date and, unless sooner
terminated as provided herein, it will terminate on December 27, 2021.
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. City staff
will participate and contribute to the Project planning and design team. In addition, City
shall, at its sole and separate expense, maintain and carry forward the work product upon
completion of the Project. City may also pursue potential additional funding for all of the
components of the Project from the United States Economic Development Administration
and/or the Colorado Department of Transportation with City as the lead agency.
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 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.
4.3 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.
4.4 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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EXECUTION COPY
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
the Parties. Nothing contained in the Agreement gives or allows any claim or
right of action to any third person or entity
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EXECUTION COPY
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 of the Project work product) 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 project elements 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.
{SIGNATURE PAGE TO FOLLOW)
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EXECUTION COPY
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year
first written above.
ATTEST: COUNTY OF PUEBLO
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By / , _ By: �
Clerk to the Board Chair, Board of County Commissioners
Date: 9/070/0
ATTEST: CITY OF PUEBLO
BY:4U2.51 Ota BY: _1 Ai.PS �.rr1;5
City Clerk- Mayor
Brenda Armijo Nicholas A. Gradisar
Date: Dc� fi ?
[ SEAL]
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: I a^, By: >:frvt.
County torney City Attorney-
Cynthia Mitchell Daniel C. Kogovsek
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