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RESOLUTION NO. 14906
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO ST. FRANCIS XAVIER PARISH. FOR
THE USE OF THE 1700 BLOCK OF SPRUCE STREET TO HOST
THEIR ANNUAL CHURCH FESTIVAL FROM JULY 23, 2022, TO
JULY 25, 2022
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to St. Francis Xavier Parish, for
the use of the 1700 Block of Spruce Street from July 23, 2022, at 12:00 p.m. to July 25, 2022, at
10:00 a.m. to host their annual St. Francis Church Festival.
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 June 13, 2022
BY: Sarah Martinez
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: June 13, 2022
TO: President Heather Graham 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 ST. FRANCIS XAVIER PARISH. FOR THE USE OF THE 1700 BLOCK OF
SPRUCE STREET TO HOST THEIR ANNUAL CHURCH FESTIVAL FROM JULY
23, 2022, TO JULY 25, 2022
SUMMARY:
Attached is an application for a revocable permit submitted by St. Francis Xavier Parish., to host
their annual St. Francis Church Festival.
PREVIOUS COUNCIL ACTION:
Revocable Permit and Resolution approval.
BACKGROUND:
St. Francis Xavier Parish has requested the closure of the 1700 Block of Spruce Street from July
23, 2022, at 12:00 p.m. through July 25, 2022, at 10:00 a.m. to host their annual church festival.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will cancel the event.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit, Letter of Intent, Certificate of Liability, Traffic Control 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:
1. Name,Address and Telephone Number of Permittee: St. Francis Xavier Parish 1725 Spruce St. 719-564-1125
2. Permitted Area: 1700 block of Spruce St.
3. Purpose of Revocable Permit: St Francis Xavier Church Festival
4. Authorized Improvements:
5. Commencement Date: July 23.2022 Time: 12:00 PM
6. Ending Date: July 25 2022 Time: 10:00 AM
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT(THE "PERMIT")REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be
made before the time of the Commencement Date.
(b) All structures, fences,tables,chairs.equipment or other improvements authorized to be 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 City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the provisions,
conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may he amended, which are
incorporated herein by reference. In addition, no Improvement shall be tied-down or chained to any tree within or adjacent to the
Permitted Area nor shall arty Improvement be 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.
(d) If this Permit is issued for the use of the public right-of-way for a special event. Permittee shall deposit with the City the sum of
$500.00("Deposit"). The Deposit will be 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 rime of the Ending Date. If so timely removed and cleaned,
the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit. Permittee shall, at Pernittee's
expense, remove all of Permittee's 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 Area 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 enforcement of this Permit.
(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 puhlic.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby. may be 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 Puehlo shall be void and of no effect and shall cause this
Permit to be automatically revoked.
CA 6/7/17
and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be
automatically revoked.
(i) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury
by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of
Parks and Recreation.
(j) 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:
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo,Colorado,81003, Attention: Revocable Permit Review Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph
(1).
(k) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all
purposes. City may injure,damage or remove Permittee's Authorized Structure in the Permitted Area in exercising the right
of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Authorized
Structure within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto,
whatsoever the cause,including,but not limited to,the acts or omissions of City, its officers,employees,or agents.
(1) This Permit shall terminate upon the occurrence of any one of the following events: (i)the Time of the Ending Date,
(ii) abandonment or non-use by Permittee for a period of three (3)consecutive months,(iii) surrender or cancellation of the
Permit in writing by Permittee, (iv)automatic revocation as provided in paragraphs (g)and (h) above; or(v) revocation or
termination of this Permit by resolution of the City Council of City.
(rn) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution
of the City Council of City,in its sole discretion,for any reason or no reason,at anytime,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.
Signed in Pueblo,Colorado this ( I day of4.3):11_ j ,202
PERMITTEE:
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By: rr 1kkA`'�K ` s� �.
Title: (
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
The foregoing instrument was acknowledged before me the 1/ day of /(. ,t.� , by
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My commission expires: �eJ� '
WNW Y MCCUU EY .i�.• ► I 9
NOTARY PUBUC otary Public
STATE OF COLORADO
NOTARY ID 1994010657
MY COMMISSION EXPIRES OCT.27,2025 APPROVED this day of J /46/44
PUEBLO,a Municipal Corporation
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St. Francis Xavier Catholic Church Telephone+1719 564-1125
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Fax 719 564-1141
March 24, 2022
To Whom It May Concern:
St. Francis Xavier Catholic Church will be celebrating its annual "All Nations Festival"on
Saturday July 23 from 3pm-11pm and Sunday July 24 from 12pm-10pm.
We would like to request blocking 1700 block of Spruce St. in order to relieve congestion of
traffic and crowds for safety purposes.
Sincerely,
Fr. Don Malin
Pastor
St. Francis Xavier Catholic Church
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