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City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: July 13, 2020
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 AUTHORIZING FUNDS IN THE AMOUNT OF
$28,187.20 FROM THE BLACK HILLS ENERGY UNDERGROUND
UTILITY FUND TO BE EXPENDED FOR THE ARKANSAS RIVER TRAIL,
PHASE 4 PROJECT PL1606, APPROVING AN INTERGOVERNMENTAL
AGREEMENT, TAP M086-072 (20192) BETWEEN PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE STATE OF
COLORADO, THE COLORADO DEPARTMENT OF
TRANSPORTATION, BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $200,000, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
SUMMARY:
This Ordinance authorizes funds in the amount of $28,187.20 from the Black Hills Energy
Underground Utility Fund to be expended, approves an Intergovernmental Agreement
(“IGA”) between Pueblo, a Colorado Municipal Corporation (“City”) and the State of
Colorado, Colorado Department of Transportation (“CDOT”), and budgets and
appropriates funds in the amount of $200,000 for the Arkansas River Trail Phase 4
Project.
PREVIOUS COUNCIL ACTION:
Ordinance 9010 established the Arkansas River Trail Upgrade and Safety Improvements
Phase 4 Project, budgeted and appropriated funds in the amount of $770,618, transferred
funds in the amount of $65,887 from the Conservation Trust Fund, Authorized funds in
the amount of $88,237 from the Black Hills Underground Utility Fund to be expended and
approved an IGA between the City and CDOT to receive grant funds in the amount of
$616,494 for the Project. Ordinance 9487 authorized an additional $69,292 from the Black
Hills Energy Underground Utility Fund.
BACKGROUND:
The Project is the fourth phase of the upgrade and reconstruction of the 25-year old
section of the Arkansas River Trail northwest of Santa Fe Avenue along the south side of
the Arkansas River. The Project will connect the bike / pedestrian trail to the south side
th
of the 4 Street Bridge, provide parking for trail users, and connect a trail access from the
th
nearest bike / pedestrian crossing west of the 4 Street Bridge to the Arkansas River
Trail.
The Ordinance approves an IGA between the City and the State of Colorado, CDOT
relating to the CDOT Transportation Alternatives Program (TAP) and the Multimodal
Option Funds (MMOF) grants that were awarded to the City of Pueblo. The funding
provided from the State of Colorado CDOT will be $816,494 with a grant required local
match of $154,124. The Ordinance also budgets and appropriates funds in the amount
of $816,494 for the Project.
FINANCIAL IMPLICATIONS:
Previous Council action established the Project, budgeted, and appropriated a total of
$839,910 for the Project, with a total of $616,494 from CDOT TAP Grant, $65,887 from
Conservation Trust Fund, and $157,529 from the Black Hills Underground Utility Fund.
This Ordinance provides additional funds in the amount of $228,187.20, for a total Project
budget of $1,068,097.20
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Currently, there are no alternatives for completing the improvements without the funding
noted.
RECOMMENDATION:
Approve the Ordinance.
Attachments: City-State of Colorado IGA for the Arkansas River Trail Phase 4 Project
ORDINANCE NO. 9751
AN ORDINANCE AUTHORIZING FUNDS IN THE AMOUNT
OF $28,187.20 FROM THE BLACK HILLS ENERGY
UNDERGROUND UTILITY FUND TO BE EXPENDED FOR
THE ARKANSAS RIVER TRAIL, PHASE 4 PROJECT
PL1606, APPROVING AN INTERGOVERNMENTAL
AGREEMENT, TAP M086-072 (20192) BETWEEN PUEBLO,
A MUNICIPAL CORPORATION AND THE STATE OF
COLORADO, THE COLORADO DEPARTMENT OF
TRANSPORTATION, BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $200,000, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Funds in the amount of $28,187.20 are hereby authorized and made available to be
expended from the Black Hills Underground Utility Fund to place existing overhead utility
lines underground for said Project.
SECTION 2.
The Intergovernmental Agreement between Pueblo, a Municipal Corporation, and
State of Colorado for the use and benefit of the Transportation Alternative Program and
the Multimodal Options Fund, Department of Transportation for TAP M086-072 (20192),
a copy of which is attached, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 3.
Subject to encumbrances by the Colorado State Department of Transportation,
funds from TAP M086-072 (20192) in the amount of $200,000 are hereby budgeted and
appropriated for the Arkansas River Trail Phase 4 Project, No. PL1606.
SECTION 4.
The Mayor is authorized to execute and deliver the Intergovernmental 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 5.
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 6.
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 July 13, 2020 .
Final adoption of Ordinance by City Council on July 27, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on July 30, 2020 .
□ 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