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ORDINANCE NO. 10068
AN ORDINANCE ACCEPTING THE DONATION OF FILL DIRT
FROM W.L. ENTERPRISES, LTD., AND APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE RELATED
AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Pueblo City Council accepts the donation of fill dirt from the W.L. Enterprises, Ltd.
SECTION 2.
The related Agreement to such donation and use of fill dirt, a copy of which is attached
hereto and incorporated herein by this reference, having been approved as to form by the City
Attorney, is hereby approved. The Mayor is authorized to execute and deliver said 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 3.
The officers of the City are authorized to perform any and all acts consistent with the
intent of this Ordinance and the attached agreement to effectuate 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 November 22, 2021 .
Final adoption of Ordinance by City Council on December 13, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 20, 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-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 22, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew E. Hayes, P.E., Director of Public Works
SUBJECT: AN ORDINANCE ACCEPTING THE DONATION OF FILL DIRT FROM W.L.
ENTERPRISES, LTD., AND APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE RELATED AGREEMENT
SUMMARY:
The proposed ordinance will accept the donation of fill dirt from W.L. Enterprises, Ltd., and
approve and authorize the Mayor to execute an agreement under which the City accepts that fill
dirt.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City is preparing to execute a project to repair a trench on the Dillon Flyover on the east side
of I-25 under project 21-089 Dillon Flyover Trench Repair. The fill material being donated by W.L.
Enterprises will be used on this project.
FINANCIAL IMPLICATIONS:
There are no direct costs to the City as a result of accepting this donation.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
The City has coordinated with W.L. Enterprises regarding the arrangement to donate the fill
material as well as drafting the terms of the proposed agreement.
ALTERNATIVES:
Denying the Ordinance will force the City to purchase fill material from another source in order to
complete the Dillon Flyover Trench Repair project.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Proposed Donation Agreement
AGREEMENT
This Agreement made and entered into this 13"day of cgr•.6.r , 2021 by and
between WL Enterprises, Ltd, a New Mexico Limited Partnership (WL) and the City of
Pueblo a Municipal Corporation ( Pueblo).
WL has a stock pile of fill material located on land owned by WL at the south east
corner of Dillon Blvd and Outlook Blvd in Pueblo, Colorado (the "Fill Material"). Pueblo
has a need for fill material for repair of a trench in the Dillon right of way.
WL hereby grants to Pueblo the right to use so much of the Fill Material as is necessary
for the above referenced project. WL requests that the Fill Material be taken from the
southern end of the stock pile.
In consideration of WL permitting Pueblo to remove and have the Fill Material, at no
cost for the Fill Material, Pueblo agrees to be responsible for all costs of removal and
transport of the Fill Material removed by Pueblo and to indemnify, hold harmless and
defend WL against any and all claims arising out of the activities of Pueblo's employees
on WL's property.
PUEBLO, A MUNICIPAL CORPORATION ATTEST:
By: By: - -
ic olas A. G disar, Mayor ty Clerk
WL Enterprises a New Mexico Limited Liability Company
By _L!/ Os , . d de0(1
Dee Rog- Brown, General Partner