HomeMy WebLinkAbout14924RESOLUTION NO. 14924
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HARP FOUNDATION FOR THE
USE OF ALAN HAMEL AVENUE FROM SOUTH UNION AVENUE
TO SANTA FE DRIVE AND MAIN STREET FROM D STREET TO
CITY CENTER DRIVE, ON JULY 4, 2022, TO HOST THEIR 4TH
OF JULY FIREWORKS CELEBRATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to The HARP Foundation for
the use of Alan Hamel Avenue from South Union Avenue to Santa Fe Drive and Main Street from
th
D Street to City Center Drive on July 4, 2022, from 6:00 AM until July 5 12:00 PM to host their 4
of July Fireworks Celebration
SECTION 2.
The use of the public right of ways 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
this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED June 27, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: June 27, 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 THE HARP FOUNDATION FOR THE USE OF ALAN HAMEL AVENUE FROM
SOUTH UNION AVENUE TO SANTA FE DRIVE AND MAIN STREET FROM D
STREET TO CITY CENTER DRIVE, ON JULY 4, 2022, TO HOST THEIR 4TH OF
JULY FIREWORKS CELEBRATION
SUMMARY:
Attached is an application for a revocable permit submitted by The HARP Foundation.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The HARP Foundation requests to use Alan Hamel Avenue from South Union Avenue to Santa
Fe Drive and Main Street from D Street to City Center Drive on July 4, 2022, from 6:00 AM until
th
July 5 12:00 PM to host their 4 of July Fireworks Celebration.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will cause the event to be canceled or relocated to another location.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Background Paper, 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: HARP Foundation, 125 Riverwalk Place Pueblo CO
81003, 719-585-0242
2. Permitted Area: Alan Hamel between S. Union Avenue and Santa Fe Avenue, Main Street between D Street and
1St Street
3. Purpose of Revocable Permit: Street Closure for 4th of July Fireworks display.
4. Authorized Improvements: N/A
5. Commencement Date: 07/04/2022 Time: 06:00 AM
6. Ending Date: 07/05/2022 Time: 12:00 PM
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 be 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 café, the Permittee and sidewalk café 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 be 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 any 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 Time 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 Permittee'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 public.
(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 Pueblo shall be void and of no effect and shall cause this
Permit to be automatically revoked.
CA—6/7/17
(k) 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, I 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(k).
(I) 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 any and all Permittee's Improvements 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 Improvements 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.
(m) 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(h)and(i)above;(v)revocation or termination of this Permit by resolution of the City Council of City;or(vi)
revocation by the Mayor as provided in paragraph(p).The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(n) 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.
(o) Permittee acknowledges and agree that use of the Permitted Area shall be conducted in compliance with applicable laws and regulations
including but not limited orders,regulations and directives issued by the Governor,Colorado Department of Public Health and Environment and the
Pueblo County Department of Public Health and Environment with respect to COVID-19 ("COVID-l9 Regulations"). Seven days prior to
Commencement 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 further 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 be conducted under the Permit is determined by the Mayor of City,in his sole and absolute discretion,to not be in furtherance
of and/or contrary to the public health or welfare due to COVID-l9 or related issues. Such determination and termination may be 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. §24-10-101,et seq. /
Signed in Pueblo,Colorado this ,�lp day of '� ' --_ _ ,20 4.2.
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The foregoing instrument wasacknowledgedbefore 1me�Qthe at, day tlof , 200 A. by
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My commission expires: IY--D}- A4,'4..% imons'.--
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[SEAL]
Notary Public
MICHELLE LOUISE FRANCIS
Notary Public 'T
State of Colorado APPROVED this a 9day of ai,,,w_ ,20 i il
Notary ID#20194017318 PUEBLO,a Municipal Corporation
My Commission Expires 05-07-2023
By
Ni A. disar,Mayor
Covid-19
}} \RP
101 \[)\ IION
125 Riverwalk Place
Pueblo,CO 81003
719-595-0242 • www.puebloriverwalk.org
April 26, 2022
Pueblo City Hall
I City Hall Place
Pueblo, CO 81003
To Whom It May Concern:
The HARP Foundation is hosting its annual 4th of July Fireworks Celebration on
Monday, July 4, 2022, from 3:00 pm- 11:00 pm. The event will be a no-admission event
and feature fireworks, entertainment, and food vendors.
For the safety of its spectators, the HARP Foundation would like to close the following
streets:
• Alan Hamel between South Union Avenue and Santa Fe Avenue
• Main Street between D Street and 1st Street
By closing Alan Hamel Avenue and Main Street, the HARP Foundation will be assured
plenty of open space for people to watch the fireworks, grab a bite to eat, and enjoy live
entertainment.
A-1 Barricade and Sign Incorporated has been hired by the HARP Foundation to provide
the street closure. The Foundation has asked that the streets be closed from Monday, July
4 at 6:00 am until Tuesday, July 5 at 6:00 am. A map showing the requested street
closure is attached, along with the $50 fee, $500 deposit, and certificate of insurance.
Sincerely,
4:22/694. l O
Shayla Keys
Recreation and Entertainment Operations Manager
HARP FOUNDATION is a 501(c)3 nonprofit organization, Federal Tax/D144-1308918
No goods or services were received in consideration of this gift.
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