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HomeMy WebLinkAbout10308 ORDINANCE NO. 10308 AN ORDINANCE APPROVING A 3RD AMENDMENT AND RESTATEMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO ("CITY"), A COLORADO MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT: TAP M086-082 (22971) RELATING TO THE NORTHERN AVE TRAIL PHASE III PROJECT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $693,494 FOR SAID PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 3rd Amendment and Restatement to the Intergovernmental Agreement (“IGA”) between the City of Pueblo, a Colorado Municipal Corporation, and the State of Colorado, acting by and through the Colorado Department of Transportation ("CDOT"), Project: TAP M086-082 (22971), Northern Avenue Streetscape Phase III Project, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Subject to encumbrances by the Colorado State Department of Transportation, funds from the Northern Avenue Streetscape Phase III project (TAP M086-082) in the amount of $693,494.00 are hereby budgeted and appropriated for the Northern Avenue Streetscape Phase III Trail Project, No. PL2003. SECTION 3. The Mayor is authorized to execute and deliver the IGA 3rd Amendment and Restatement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. 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 October 11, 2022 . Final adoption of Ordinance by City Council on October 24, 2022 . President of City Council Action by the Mayor: ☒ Approved on October 27, 2022 . □ 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 Deputy City Clerk City Clerk's Office Item # R5 Background Paper for Proposed Ordinance October 11, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING A 3RD AMENDMENT AND RESTATEMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO ("CITY"), A COLORADO MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT: TAP M086-082 (22971) RELATING TO THE NORTHERN AVE TRAIL PHASE III PROJECT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $693,494 FOR SAID PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves a 3rd Amendment and Restatement of an Intergovernmental Agreement (“IGA”) between Pueblo, a Colorado Municipal Corporation (“City”) and the State of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Northern Ave Trail Phase III Project, and budgets and appropriates funds totaling $693,494 for the Project. PREVIOUS COUNCIL ACTION: Ordinance 9600 dated November 25, 2019, transferred funds in the amount of $125,000 from the 2019 Highway User Tax Fund (“HUTF”) balance to Project HU1601 and budgeted and appropriated $125,000 for the Traffic Signal Northern Avenue and Prairie Avenue Project. Ordinance 9666 dated February 24, 2020, established project PL2003, which approved an IGA between the City and CDOT, transferred $125,000 from project HU1601 to project PL2003, and budgeted and appropriated funds in the amount of $625,000 for the Northern Avenue Streetscape/Trail Phase III Project. Resolution 14465 dated August 24, 2020, approved an agreement for professional engineering services between the City and Short Elliott Hendrickson, Inc., in the amount of $63,037.19, related to the Northern Avenue Streetscape/Trail Phase III Project. Ordinance 9977 dated August 9, 2021, approved an amendment to the Intergovernmental Agreement (“IGA”), TAP M086-082 between the City of Pueblo, a Colorado Municipal Corporation (“City”) and the State of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Northern Avenue Streetscape/Trail Phase III Project. Ordinance 10121 dated February 28, 2022, approved Amendment #2 to the Intergovernmental Agreement (“IGA”), TAP M086-082 between the City of Pueblo, a Colorado Municipal Corporation (“City”) and the State of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Northern Avenue Streetscape/Trail Phase III Project. BACKGROUND: This Ordinance approves the 3rd Amendment and Restatement to the Intergovernmental Agreement, originally effective on March 13, 2020, between the City and CDOT. This amendment is due to an additional Multimodal Transportation & Mitigation Options Funding (MMOF) grant that was awarded to the City of Pueblo. The proposed project will continue the trail along the north side of Northern Avenue between Cambridge Avenue and Prairie Avenue and will then head north on Prairie Avenue to the main entrance of the Colorado State Fair grounds. Over the last several years the City has redeveloped the trail system from Pueblo Boulevard (State Highway 45) east to Cambridge Avenue along Northern Avenue. This project will complete the trail system to the Colorado State fairgrounds, providing the area residents and visitors to the State Fair with a direct bike/pedestrian connection. FINANCIAL IMPLICATIONS: Grant funds in the amount of $625,000 were previously awarded, budgeted and appropriated. Additional grant funds, in the amount of $693,494 are being budgeted and appropriated into PL2003, Northern Avenue Streetscape Trail III Project. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Currently, there are no alternatives for completing the improvements without the funding from the CDOT Multimodal Transportation & Mitigation Options Funding (MMOF) grant funds. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. IGA 3rd Amendment and Restatement