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HomeMy WebLinkAbout09932ORDINANCE NO. 9932 AN EMERGENCY ORDINANCE ACCEPTING AND APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF DECEMBER 9, 2019 BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO THE ARKANSAS RIVER LEVEE TRAIL PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $350,000 INTO PL1703 - TRAIL CONSTRUCTION-ARKANSAS RIVER LEVEE PROJECT WHEREAS, the Pueblo Conservancy District has offered funds for the purchase and installation of shade shelters to complete the Arkansas River Levee Trail Project; and, WHEREAS, said offer of funds was conditioned on the City installing shade shelters for the Arkansas River Levee Trail Project prior to June 3, 2021; and, WHEREAS, if the Amendment to the Intergovernmental Agreement of December 9, 2019 (“Amendment”) is not immediately approved, and the additional $350,000 is not budgeted and appropriated, foundations for the shade shelters and the installation of one of more shade shelters will not occur prior to June 3, 2021; and, WHEREAS, execution of the Amendment and the budgeting and appropriating of the associated $350,000 is immediately needed for the Arkansas River Levee Trail Project: (1) to complete the project, ensuring the project is not left unfinished, which would create conditions hazardous to the public health; (2) to complete the project, ensuring the land does not deteriorate or contribute to blight, thereby protecting the public health; (3) to preserve the public property and ensure it does not fall into a derelict or dangerous condition; and (4) to maintain the land, such that those intending to access the levee trail are not in danger from deteriorating conditions and preventing the vacant land from being used for criminal activities, thereby preserving public safety; and, WHEREAS, in accordance with Charter Section 3-20, an emergency ordinance is required for the immediate preservation or protection of public health, property, or safety, and the completion of the Arkansas River Levee Trail Project is declared an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Intergovernmental Agreement entered into on December 9, 2019 (“Amendment”) between the City of Pueblo, a Municipal Corporation, and the Pueblo Conservancy District, 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 Amendment in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $350,000 received from the Pueblo Conservancy District pursuant to the terms and conditions of the Amendment are hereby budgeted and appropriated to Project No. PL1703, Trail Construction-Arkansas River Levee Project. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Emergency Ordinance and Agreement to implement the policies and procedures described therein. SECTION 5. This Emergency Ordinance shall become effective immediately upon final passage and approval. (REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW) Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 17, 2021 . Final adoption of Ordinance by City Council on May 17, 2021 . President of City Council Action by the Mayor: ☒ Approved on May 19, 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 # S-2 BACKGROUND PAPER FOR PROPOSED EMERGENCY ORDINANCE COUNCIL MEETING DATE: May 10, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN EMERGENCY ORDINANCE ACCEPTING AND APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF DECEMBER 9, 2019 BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO THE ARKANSAS RIVER LEVEE TRAIL PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $350,000 INTO PL1703 - TRAIL CONSTRUCTION-ARKANSAS RIVER LEVEE PROJECT SUMMARY: This is an Emergency Ordinance that approves the receipt of funds in the amount of $350,000 from the Pueblo Conservancy District for the purchase and installation of shade structures, budgets and appropriates those funds into PL1703, and approves an Amendment to the Intergovernmental Agreement (IGA) of December 9, 2019 between the City of Pueblo and Pueblo Conservancy District (PCD) related to the construction of the Arkansas River Levee Trail Project. PREVIOUS COUNCIL ACTION: In furtherance of the Arkansas River Levee Trail Project, Ordinance No. 9130 dated May 22, 2017, approved a grant contract between the City of Pueblo and the Colorado Department of Local Affairs, accepted matching grant funds from the PCD, established project number PL1703, and budgeted and appropriated funds contingent upon execution of the funding contract with CDOT for the Transportation Alternative Program. Ordinance No. 9168 dated September 11, 2017, approved a Transportation Alternatives Program Intergovernmental Agreement STE M086-077 (21985) between the City of Pueblo and the Colorado Department of Transportation, authorized the transfer of $125,000 from the Colorado Trust Fund Balance into PL1703, and budgeted and appropriated $825,000 into PL1703, for the Arkansas River Levee Trail Construction. Ordinance No. 9612 dated December 9, 2019, transferred $347,000 from the Conservation Trust Fund to PL1703, budgeted and appropriated $1,585,500 into PL1703, and approved an Intergovernmental Agreement between the City of Pueblo and the Pueblo Conservancy District with respect to the Arkansas River Levee Trail Construction Project. BACKGROUND: The purpose of this Ordinance is to accept funds in the amount of $350,000 from the Pueblo Conservancy District, budget and appropriate the funds, and approve an amendment to the IGA dated December 9, 2019 between the City and PCD, which designates the use of these additional project funds. The urgency for approval of this Ordinance is to facilitate the construction of shelter foundations and the installation of one or more shelters on the reconstructed Arkansas River Levee prior to the Pueblo Levee Reconstruction Celebration which is scheduled for June 3, 2021. The Arkansas River Levee Trail Project began in 2017 with Ordinance No. 9130 establishing the Project and approving a contract between the City of Pueblo and PCD and accepting matching funds and a grant from the Department of Local Affairs for the master planning and future trail construction. Additional Colorado Department of Transportation, Transportation Alternatives funds were transferred into PL1703 with Ordinance No. 9168 for master planning and construction. The master planning for the Arkansas River Levee Recreation Project is complete and the City has begun construction of the Project. The Department of Planning and Community Development, in partnership with the PCD, have obtained funding awards in the amount of $1,238,500 from Great Outdoors Colorado Trust Fund (GOCO) Connect Initiative and $1,000,000 from the Department of Local Affairs Energy/Mineral Impact Assistance Fund for the construction of the Arkansas River Levee Trail. Trail construction will focus on creating neighborhood connections from the Westside, Grove, and Blocks neighborhoods to the new Arkansas River Levee Trail. Construction will also include the addition of site amenities consisting of river access from the Levee, seating, and shade structures adjacent to the Whitewater Park. Two new th pedestrian bridges south of the 4 Street Bridge and Main Street Bridge will connect the existing Arkansas River Trail to the new Levee Trail. The proposed Levee Trail will be an addition to the 25-mile Pueblo River Trails System and the Colorado Front Range Trail corridor. FINANCIAL IMPLICATIONS: The total Project budget, PL1703 will be funded through the following sources: GOCO Connect Initiative Funds $ 1,238,500.00 PCD in-kind match $ 1,529,600.00 PCD Shade Shelter Funds $ 350,000.00 City of Pueblo Conservation Trust Fund Balance $ 347,000.00 Colorado Department of Transportation TAP and City match (budgeted pursuant to Ordinance No. 9168) $ 634,327.00 Department of Local Affairs Energy/Mineral Impact Assistance $ 1,000,000.00 $ 5,099,427.00 BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: The Pueblo Conservancy District, local recreation groups, and citizens participated in the master planning process and have been active participants in the GOCO Connect Initiative process. ALTERNATIVES: The City will not be able to construct shelter foundations and install one or more shade shelters prior to the Pueblo Levee Reconstruction Event scheduled for June 3, 2021 if this Ordinance is not passed and funding is not budgeted. RECOMMENDATIONS: Approval of the Ordinance. Attachments: Emergency Ordinance Amendment to the Intergovernmental Agreement of December 9, 2019 Easement AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF DECEMBER 9, 2019 This Amendment is entered into as of this 2$ day of �� 1 , 2021 ("Effective Date"), byand between the Pueblo ConservancyDistrict, a district established under the Conservancy Law of Colorado, hereinafter referred to as the "District," and the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City." Together these entities may be referred to herein as the "Parties" or each individually as a "Party". Whereas, an Intergovernmental Agreement was entered into on December 9, 2019 (the "Agreement") between the District and the City, setting forth certain improvements in accordance with the Arkansas River Levee Trail Project; and Whereas, the Parties desire to amend the Agreement by adding additional improvements to the Arkansas River Levee Trail Project and by providing additional financing for said improvements. Now therefore the Parties agree as follows: 1. The definition of"Joint Improvements" in Section 1.1 of the Agreement shall be deleted in its entirety and replaced with the following: "Joint Improvements" shall mean the improvements for the Arkansas River Levee Trail Project agreed upon between the Parties in writing, including but not limited to shade structures and those improvements identified as "Concrete Trail 12-FT wide (Core Area adjacent to Whitewater Park)," "Pedestrian/Emergency Access Bridge 4th Street," and "Levee Trail Connection (Grove)" in Exhibit C to the Grant Agreement. 2. Section 2.2 of the Agreement shall be deleted in its entirety and replaced with the following: The District shall construct the Joint Improvements in accordance with plans and specifications approved by City and provided to the District in a timely manner to avoid construction delays. The City shall reimburse the District for the costs and expenses incurred by District and necessary for construction and completion of the Joint Improvements; provided, however, in no event shall City be obligated to pay more than $1,020,000.00 for construction and completion of the Joint Improvements, which amount excludes the costs of the purchase of the Access Bridge 4th Street, which will be procured by City. Any request for reimbursement shall be submitted to the Director of City's Department of Parks and Recreation and shall outline the work performed and the cost of same. Thereafter, City shall pay District for the amount of the application within thirty (30) days of the date of receipt of the request for reimbursement. The District represents that it does not have the cash reserves to fund the Joint Improvements without being paid for same within thirty (30) days of being billed for same. 3. The City shall purchase and install shade structures ("Shade Structures") in quantities, styles, and designs as set forth in Exhibit A, attached hereto and incorporated herein. The District shall provide funding in the amount of $350,000.00 to the City for Joint Improvements and said Shade Structures, their foundations, and the surrounding paths, upon the execution of this Agreement. Conditioned on the receipt of said funds, the City shall purchase and install the Shade Structures and related items in accordance with Exhibit A and the plans for the Arkansas River Levee Trail Project. City shall retain ownership of the Shade Structures. The City shall use its best efforts to install at least one shade structure prior to June 3, 2021. 4. The District agrees to convey to the City a non-exclusive easement for the top of the newly constructed Levee on the north side of the Arkansas River Levee ("New Construction"), the width of which shall be approximately forty (40) feet as delineated by an existing fence on the top of the newly constructed Levee. 5. District shall purchase and install benches, trash receptacles, and interpretative signs on the New Construction at its own cost. Ownership of the benches, trash receptacles, and interpretative signs shall pass to City following successful purchase and installation. The City agrees to maintain the benches, trash receptacles, and interpretive signs installed by the District on the New Construction and the Shade Structures installed by the City. The benches, trash receptacles, and interpretive signs on the New Construction and the Shade Structures shall be owned by the City in their entirety. City will conduct maintenance at its sole cost and expense in an effort to keep the improvements clean, attractive, and useful. 6. The City agrees to provide periodic trash removal consistent with maintaining a clean and attractive park like atmosphere along the top of the New Construction. 7. The District agrees to maintain the structural integrity of the Levee and the fences installed on the Levee. 8. The City agrees that law enforcement officers of the City or the County may have jurisdiction to maintain order and decency on the Levee. 9. Except as modified herein, all remaining terms and conditions of the original Agreement remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] The Parties to this Amendment intend to be legally bound as of the Effective Date. PUEBLO CONSERVA Y DISTRICT ATTEST: By: 4, 11114.-- 6tllA.._� By: 44,.(1..),2,14"eit_ Corinne Koehler, President of S , Secretary PUEBLO, A MUNICIPAL CORPORATION ATTEST: t By: By: (A/- 5 -7.9k./-% Nicholas A. G ar, Mayor Clerk EXHIBIT A SHADE STRUCTURES • 00'00+181 'tl1S 01 00'OO+SSI 'tl1S ;< ; o ��s M31 NV1d H1 gx 3 Xa /1� 131a1S10 AONV�a3SNO3 O�83f1d/01N3f1d JO A110 '1;;, an 6 yY l 35VHd S1N3W3AOadWI Well 33A31 83N18 sysNv>tav ,„,„ 1�.—V1 O 5.;-,‘,,i' ''3ronJ n 3 l l y; 3 NJ..IJ [n ISV.�a Baa. I LN ;''''NS l3x i s "1 a - v z .., I it � 1 € i s _ 1.-2- ",t, 1 • , 1 1 1 , _ .,,, i E 4.g 1I 11 ,I1 5. d ”, .3x 3 9' 3&d I r ..‘1,-4 M0139 133HS SIHL 33S NOLLVfI 0� 11 00'00+991 'V1S Ni 41 j-,a a d` S / 1I i E ac t 11 J3 S /• 2 ., I 2 S , ._ j1 ill 7 /I c2� 4P.,',. � i( ' a I , 1 MS'S 12 i. S 'r. , ( _. '�� fig.. k x 0 3 3 9 b S 1 -s.. ,,\ i �r - p yy J YS Vit„ jj a: s - ai CJ 7 LJ y 1 { v '' 6 — t, ,', dl t Iv� z ,/// ;' j, (J r. I t , , ,, ,. /," 4 ys, ,.i 1 } \ 1 ' 6 r! f„A % • i x /f -, ,f, \ __ �� • � f _ P: v 1-d, 1111 'r / �rs rt 'i I 4 o- s 4k ; j ff W4 _ t 1 ((111 ,}Jpg,ry_ry 00'00+991 'VIS ( •By d. SI �3S 3Nf1 1-131V or PO NO .03 .:_ SlIVJAG 1V83N30 22:1,1, '''' ,.."----,_=51----.."1,.-ii,::".,,,:.'2:•:":-...c..:, ;2,,,,, DI, CO -t- - X l 3SYHd -S.I.N31133031d11111VtLL 33A31 S3.3111 SVSNVA1V „„4 e-c-IV_i_ F---c_i_ .c!.,-.:.-T--_,[r---if ! ,.z: , ._ 1-- 11 " ., , ,,, •gg. 131211S10.1.3NVALI3SNO0 cnEund/mond 40 A.1.10 '''''' ciiil .1:;. C -. . .."Id gc,':i. 11!0, _1 t.; " D ' I-- ; `,;; , L.J t3 3 0I- 1-'-; I - ---- Y : , , z 7 7—I— 7 w ., 1 C.) t —I _I_I—I_ I_ t'l I F.] 0 ' 3, iii ,, - r, I I I I I I C' I- I I I I I LL- , L.LI 0 681 175 3 -0 1 v- A.1 l'' W 1 ' .--------- , cr F.' D ,--, } (i) `,' -', .< ,L, -z w 1., -^ 1 z c 0 7 a (37 ( Ld L_ Lo /. / \ :/ \ /cc.) / , f / CK -,/ \ / [ ----______--- -. .0 w Reception 2227752 05/26/2021 09:48'.37 AM re : Ordinance 9932 EASEMENT AND RIGHT OF WAY This Easement and Right of Way granted this 2cr day of 413,,, ( , 2021 by the Pueblo Conservancy District of the County of Pueblo, a conservancy district organized under the Conservancy Law of Colorado, hereinafter referred to as "Grantor", to the City of Pueblo, a Municipal Corporation, hereinafter referred to as "Grantee". For and consideration of the sum of ten dollars ($10.00)paid by Grantee to Grantor and other good and valuable consideration,the receipt of which is hereby acknowledged,the Grantor grants to the Grantee, its successor, and assigns, a non-exclusive perpetual easement and right of way over, under, on, and across the property of the Grantor in Pueblo County, Colorado described in Exhibit A, attached hereto and incorporated herein by reference, to construct, install, operate, monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and features, including but not limited to non-motorized bicycle and pedestrian trails, shade structures, benches, trash receptacles, and interpretative signs. To have and to hold said easement and right of way unto Grantee, its successors, and assigns in perpetuity, subject to existing easements for public roads and highways, public utilities, railroads, and pipelines. Reserving however to Grantor, its successors, and assigns, all rights and uses of said property for flood control purposes that it has a statutory duty to prosecute, as a conservancy district, under the laws and regulations of the state of Colorado; and further reserving unto Grantor, its successors, and assigns, all other rights and uses of such property, which do not interfere with or abridge the enumerate rights, easements, and rights of way hereby conveyed. And Grantee shall have the right to temporarily, with advance notice to Grantor (if reasonably possible), enter upon such other lands of Grantor as may be necessary to survey, construct, maintain, operate, repair, replace, and control said improvements and features, as may be reasonably required to permit the operation of standard construction or repair vehicles and machinery, provided none of the foregoing activities interferes with the operations of Grantor. This Easement and Right of Way supersedes any easements heretofore granted by Grantor to Grantee relating to the property described in Exhibit A attached hereto. In witness whereof the parties have set forth their hands the day and year set forth above. 2227752 05/26/2021 09:45 37 4M • Page: 2 „f 3 R 23.00 0 0.00 1 23.00 Gilbert Ortiz C:lerk/Recorder, Pueblo County: Cc III ���Rni��"IlAti°�� ilii, :1 K,���wrinfI14 I ie.',14 III III Pueblo Conservancy District orinne Koehler, President ATTEST: 44 5,JA44.24--- Ron Serna, Secretary ,._ _ /i, ,r�`i,' ; Pueblo, a Municipal Corporation i /. ' :rid , 0..14 errs'4'4'''' 4:"1^2; 2+ rtiAC'By. r,7("dG' ',JI4 C,� '""),,c, j Nicholas Gradisar, Mayor ATTEST: �� City Cl STATE OF COLORADO ) ) SS COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this I Z1 day of .,. , , 2021 by Corinne Koehler as President and Ron Serna as Secretary of the Pueblo Conservancy District. In:- a,....4.,..-o__, Notary Public DONALD.1.BANNER NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO ) SS NOTARY ID 19874009263 COUNTY OF PUEBLO ) My Commission Expires 10-11-2021 in The foregoing instrument was acknowledged before me this 19 day of 7Y)a- v- , 2021 by Nicholas A. Gradisar as Mayor and A/ Yi-- EIO//4h-- as City Clerk of Pueblo, a Municipal Corporation. TAMMY A. MARTINEZ MM i A 1))11e, ZIA_Lj( NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 20164028200 : MY COMMISSION EXPIRES 07/20/2024 Comm. Exp.:L . U , ,,:i`4,) 0 2 4 EXHIBIT A LEGAL DESCRIPTION PERMANENT EASEMENT Approximately forty (40) feet in width between the existing fences on the top of the existing and newly constructed Levee, on the north side of the Arkansas River channel as it flows through Pueblo. 2227752 05/26/2021 09:48:37 AM page: 3 of 3 R 23.00 0 0.00 T 23.00 Gilbert Ortiz Cierk/Recorder, Pueblo County, Cc NV 114 tl I!!