HomeMy WebLinkAbout09866ORDINANCE NO. 9866
AN ORDINANCE APPROVING ACQUISITION OR
CONDEMNATION OF CERTAIN PROPERTY NEEDED FOR THE
EXPANSION OF THE HISTORIC ARKANSAS RIVERWALK
PROJECT
Recitals
The following recitals are incorporated in and made a part of this Ordinance.
WHEREAS, the City of Pueblo, a municipal corporation and home rule municipality of the
State of Colorado, under Art. XX, Sec. 1 of the Colorado Constitution, has the legal authority and
power of eminent domain; and
WHEREAS, the Historic Arkansas Riverwalk of Pueblo (HARP), created effective
December 1, 1997, is a pedestrian-oriented river walk in the heart of downtown Pueblo. The river
walk follows the historic path of the Arkansas River before it was re-routed around downtown
Pueblo; and
WHEREAS, the City of Pueblo is the owner in fee of the real property encompassing
HARP; and
WHEREAS, schematic designs for HARP expansion to the east, extending the channel to
Santa Fe Avenue, are complete, and the City desires to begin the construction of the HARP
channel extension to Santa Fe Avenue; and
WHEREAS, thousands of residents of Pueblo County and tourists from the State of
Colorado and elsewhere visit the HARP Riverwalk annually; and
WHEREAS, additional parking spaces are needed near the HARP Riverwalk to
accommodate the thousands of local residents and tourists who annually use and enjoy the river
walk; and
WHEREAS, the HARP channel extension to Santa Fe Avenue and the construction of an
adjacent public parking lot (“HARP Expansion Project”) require private land acquisition; and
WHEREAS, the acquisition of such private land serves the public purpose of extending
the HARP channel to Santa Fe Avenue and constructing an adjacent public parking lot; and
WHEREAS, the real property sought to be acquired for the HARP Expansion Project is
purportedly owned by Wolseley Investments, Inc., a Virginia corporation, 12500 Jefferson
Avenue, Newport News, VA 23602-4314; and
WHEREAS, under Colorado law, the City of Pueblo is authorized to commence good faith
negotiations for the acquisition of the real property needed for the HARP Expansion Project and
to make and to make a good faith offer to purchase said real property; and
WHEREAS, if the real property is not voluntarily transferred by the owner at an agreed
upon price, under Colorado law, the City of Pueblo is authorized to commence condemnation
proceedings to acquire the real property and to prosecute such proceedings to their conclusion;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The HARP Extension Project shall be and hereby is authorized and approved.
SECTION 2.
The acquisition by the City of a fee interest the following real property shall be and hereby
is authorized and approved:
175 S. Santa Fe Avenue, Pueblo, CO 81003
Parcel No. 05-364-26-004
Legal Description: Lots 1 to 4 Block 55 Hobsons Subdivision also Lots 1 to 11, Moores Subdivision
+ Vacated Alley + Lots 12,13, North 22 feet of Lot 14 Block 1 Moores Subdivision, County of Pueblo,
State of Colorado
131 S. Mechanic Street, Pueblo, CO 81003
Parcel No. 05-364-25-003
Legal Description: All Block 2 + Vacated Alley Adjacent to Lots 1 to 3 + 10 to 12, Central Pueblo,
County of Pueblo, State of Colorado
hereinafter “Property.” The Property consists of two (2) contiguous parcels containing approximately
89,928.68 square feet (2.06 Acres).
SECTION 3.
The acquisition of the Property serves the public purpose of extending the HARP channel
to Santa Fe Avenue and the construction of an adjacent public parking lot.
SECTION 4.
The City of Pueblo, its officers, staff and consultants are authorized to negotiate in good
faith with the owner of the Property and make offer(s) of compensation, with any final agreement(s)
to be subject to the approval of the Mayor and City Council. If negotiations for the acquisition of the
Property are unsuccessful to acquire the Property voluntarily, the Mayor is authorized to file a
condemnation action in the name of the City and the Mayor is authorized to employ all necessary
persons for such purpose, including special condemnation counsel, if necessary, appraisers,
surveyors, engineers and other experts. The Mayor is also authorized to obtain a court order for
immediate possession of the Property or to negotiate and sign an appropriate agreement allowing
the owner to remain in possession of the Property for a limited period of time, provided that such
agreement does not unreasonably delay the completion of the HARP Expansion Project.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance 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 December 28, 2020.
Final adoption of Ordinance by City Council on January 11, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on January 13, 2021 .
□ 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-10
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 28, 2020
TO: Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING THE ACQUISITION OR CONDEMNATION
OF CERTAIN PROPERTY NEEDED FOR THE EXPANSION OF THE
HISTORIC ARKANSAS RIVERWALK PROJECT
SUMMARY:
Attached is an Ordinance approving the acquisition or condemnation of land needed for the
expansion of the Historic Arkansas Riverwalk Project (“HARP”).
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The purpose of the attached Ordinance is to authorize City Staff to purchase or acquire by eminent
domain land needed for the expansion of HARP. Schematic designs for HARP expansion to the
east, extending the channel to Santa Fe Avenue have been completed. Additional parking spaces
are also needed near the HARP Riverwalk to accommodate the thousands of local residents and
tourists who use and enjoy the river walk each year. The HARP channel extension to Santa Fe
Avenue and the construction of an adjacent parking lot (“HARP Expansion Project”) require private
land acquisition.
FINANCIAL IMPLICATIONS:
The land necessary for the HARP Expansion Project has a fair market value of $1,120,000.00,
according to a recent appraisal.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council has the option of not approving the HARP Expansion Project and not purchasing or
condemning the land necessary for the project.
RECOMMENDATION:
The Mayor recommends approval of the attached ordinance.
Attachments: Proposed Ordinance