HomeMy WebLinkAbout14731RESOLUTION NO. 14731
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO COUNTY BOARD OF
TH
COUNTY COMMISSIONERS FOR THE USE OF WEST 10
STREET BETWEEN NORTH MAIN STREET AND COURT
STREET AND NORTH MAIN STREET AND COURT STREET
THTH
BETWEEN WEST 10 STREET AND WEST 11 STREET TO
HOST THE COURTHOUSE LIGHTING CERMONY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Pueblo County Board of
th
County Commissioners for the use of 10 Street between North Main Street and Court Street and
thth
the use of North Main Street and Court Street between West 10 Street and West 11, on
November 23, 2021, from 03:00 pm to 10:00 pm.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations, terms, and
conditions set forth in the attached Revocable Permit.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED October 12, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: October 12, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO PUEBLO COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE USE
TH
OF WEST 10 STREET BETWEEN NORTH MAIN STREET AND COURT
STREET AND NORTH MAIN STREET AND COURT STREET BETWEEN WEST
THTH
10 STREET AND WEST 11 STREET TO HOST THE COURTHOUSE
LIGHTING CERMONY
SUMMARY:
Attached is an application for a revocable permit submitted by Pueblo County Board of County
Commissioners.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
th
Pueblo County Board of County Commissioners request the use of West 10 Street between
North Main Street and Court Street, and the use of North Main Street and Court Street between
thth
West 10 Street and West 11 Street on Tuesday, November 23, 2021, from 03:00 pm to 10:00
pm, to host the Courthouse Lighting Ceremony.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will cancel event.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit
Letter of Intent
Certificate of Liability
Barricade Plan
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo. a Municipal Corporation. (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith:
I. Name, Address and Telephone Number of Permittee: Pueblo County Government. 215 W. 10th St. Pueblo. CO
81003 719-583-6534
2. Permitted Area: W. 10th St. between Main St. and Court St., Main St. and Court St. between W. 10th St. and W.
I ph St.
3. Purpose of Revocable Permit: Courthouse holiday lighting ceremony
4. Authorized Improvements: N/A
5. Commencement Date: 11/23/2021 Time: 03:00 pm
6. Ending Date: 1_U23/2021 Time: 10:00 pm
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBES)
REVOCABLE PERMIT(THE "PERMIT") REPRESENTS, WARRANTS AND AGREES:
tai the Permitted Area shall he used tiff the ahose-specified Purpose of Revocable Permit. No use of the Permitted Area shall he
made hetbre the time of the Commencement Date.
(h) All structures. fences. tables,chairs,equipment or other improvements authorized to he placed in the Permitted Area by Permittee
(the "Improvements") shall he constructed. installed, and maintained by Permittee in compliance with all applicable codes. ordinances.
rules and regulations of('ity and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafe. the Permittee and sidewalk cafe shall he subject to all the pros isions.
conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code. or as same may be amended. which are
incorporated herein by reference. In addition. no Improvement shall he tied-down or chained to any tree within or adjacent to the
Permitted Area nor shall any Improvement he installed or located in such a manner as to hinder or interfere with the opening of motor
vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area.
(di If this Permit is issued for the use of the public right-of-way for a special went. Permittee shall deposit with the City the sum of
$500.00("Deposit-1. The Deposit will he forfeited to the City. if Permittee does not remove all Permittee's equipment and property from.
and clean and restore the Permitted Area to its original condition before the time of the Ending Date. If so timely removed and cleaned.
the Deposit will he returned to Permittee.
ret Rehire the lime of the Ending I)ate. or immediately upon any other termination of this Permit. Permittee shall. at Permittee's
expense. remove all of Permittees Improvements from the Permitted Area and clean and restore the Permitted Area to its original
condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Arca to
its original condition shall constitute Permittee's abandonment of the Permittee's Improvements. and City may. at Permittee's expense.
remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to
pay all City's costs and expenses.including reasonable attorney fees. incurred in the entbrcenrent of this Permit.
1 t) Permittee shall keep all Improvements and Permitted Area in good.clean and safe condition and repair. free from litter.waste and
debris.
(g) Permittee shall indemnify. defend and hold City. its officers. agents and employees harmless from and against any and all suits.
claims. liabilities. loss. damages and expenses. including reasonable attorney fees and cost of defense, arising.directly or indirectly. from
or caused by the issuance of this Permit or the conditions hereof,or the existence. construction. installation. repair or maintenance of the
Improvements in the Permitted Area. or the use of the Permitted ;Area or Improvements by Permittee. its officers. agents. employees,
invitees or general public.
(It) Neither this Permit nor any of the privileges granted to Permittee hereby, may he conveyed. assigned. transferred or sublet by
Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment,transfer or subletting of
the Permit or Permitted Area without the written consent of the City Council of Pueblo shall he void and of no effect and shall cause this
Permit to he automatically revoked.
CA 67:17
(kr Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail.postage prepaid.
as follows:
1I) If to Permittee.at the address shown in paragraph I above
Iii) Kw(itv. I City Hall Place,Pueblo.Colorado. 5I(ltt3. Attention: Revocable Permit Recicw t. mum mer
Facli parts reserves the right to change its address provided notice of such change is gre en in accordance with this paragraph it:i
fl) Cin reserves and is hereby granted by Per-mince accts to. tinder and through the Permitted Arca for any and all purposes City may injure.
damage or remove any and all Pernuttee's improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee
assumes the iisk of injury. loss and damage to Periiittee's improvements within the Permitted area. and Ilio shall have no responsibility or Iiabihty
fur any damage or injuries thereto.whatsoever the cause.including.but not limited to.the acts or omissions of Citv. its officers. employees.or agents
(nil this Permit shall terminate upon the occurrence of any one of the tollowrng events ti)the lime of the Ending Date.till abandonment or non-
use by Per-mince for a period of three (3) consecuucc months. tint surrender or cancellation of the Permit in writing by Permittee. (is I automatic
relocation as provided in paragraphs tit and(Ir above. (s I reVoeation or termination of this Permit he resolution of the I itv (-Dined of City.or(Yr)
revmatron h's the Mayor as prosidcd in paragraph (pt. The termination of this Permit shall not relieve Permittee from Pernuticc's obligations under
paragraph(f!until the Authorized improvements hate been removed by Pennines:in compliance with paragraph tel
In) Pei-mince acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of
( in, in its sole discretion. for any reason or no reason,at anytime,without liability to Cite,and without notice to or hearing by Permittee. Permittee
waives any and all right or claim to such notice, hearing.and liability of the( ity.
to) Permittee acknowledges and agree that use of the Permitted Area shall he conducted in compliance with applicable laws and regulations
including but not limited orders.regulations and directives issued by the Governor. (olorado Department of Public I lcalth and Environment and the
Pueblo C ounty Department of Public Health and Environment with respect to COVID-I9 ("COVi1)-19 Regulations''. Seven days prior to
( ommencement Date, Permittee shall submit in writing to the Revocable Permit Review Committee those actions Permittee shall take to
assure protection of the public health and compliance with COVID-19 Regulations.
(P) Permittee fiu'ther acknowledges and agrees that this Permit is temporary and subject to revocation or termination if the purpose of the permit or
any potential activities to he conducted under the Permit is determined by the Mayor of City,in his sole and absolute discretion,to not he in furtherance
of and-or contrary to the public health or welfare due to COV1D-19 or related issues. Such determination and termination may he issued at any time.
without liability:to City.and without notice to or hearing by Permittee Permittee waives any and all right or claim to such notice,hearing,and liability
of the City
(q) Nothing in this Permit shall be interpreted to limit or prevent the protections afforded to City under the Colorado Governmental immunity Act.
C.R.S. 5 N4-h i-101,et seq.
Signed in Pueblo,Colorado this t� _day of . U 21 .
PERMITTEE:
Organi77 ion:__ Pt4.4.-6tc Cu...Ai C.
By'_� � � —1\1141t .s�- J
Title RYj`i L rear+ 0 4 ("'"
STATE OF COLORADO )
(Y)1`\ YOFPt'FBI0 )"
the nregoing instrument was acknowledged hetore 'n'\e the � _ day of �, 4 'ln � 2_(1 s.a1 / by
11 A a)14 11 /I LL,A n i i i /
My commission expires: ___—_"7/4 -2_2----- i(. .,,,,,l' i
IS All REBECCA PORTILLOS
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY 10 19944010833
My Commission Expires 07-16-2022 ,APPROVED this ifilA day ofnerghy_ .30gi
PI TR1.O.a Municipal Corporation
By
—
icho as r4sar, iny,nrr
N
('ovid-19
(77
PUEBLO COUNTY
C 0 L 0 R A D 0
BOARD OF COUNTY COMMISSIONERS
Eppie Griego Garrison M. Ortiz Chris Wiseman
District 1 District 2 District 3
Hello.
My name is Adam Uhernik, I'm the Public Information Officer for Pueblo County Commissioners. I'm
requesting a permit to close W.10''' street in front of the Pueblo County Courthouse on Tuesday. November
23,2021 from 3 p.m.-- 10 p.m.
In addition, I am requesting permission to close N. Main Street and Court Street between W. 10''' street and
W. I Street from 6:30 p.m.—7:30 p.m.
During the afternoon and early evening,we will be hosting our Courthouse Lighting Ceremony. If the permit
is approved, from 5-7 p.m. we will have music, food trucks,and first responder vehicles on display in front
of the Courthouse for kids and their family to enjoy. Starting at 7 p.m. we will hold our lighting ceremony
followed by 8-minute fireworks show. Our firework vendor, J&M displays, is requesting we close specific
sections of N.Main Street and Court Street only during the fireworks show to give them a little more room
for safety purposes.
I'm requesting W. 10'h street be closed in front of the courthouse starting at 3 p.m. so we can stage the area
appropriately and our vendors have adequate time to setup.
Attached with this application is a detailed map of where we would like to close the street.
Best,
aydorel
Adam Uhernik l•/
Public Information Officer
Pueblo County Commissioners
Historic Courthouse 719.583.6000 (main)
215 W. 10th Street 719.583.6549 (fax)
Pueblo, CO 81003 htto://countv.pueblo.orq