HomeMy WebLinkAbout10313ORDINANCE NO. 10313
AN ORDINANCE APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE HISTORIC ARKANSAS RIVERWALK
OF PUEBLO AUTHORITY, A BODY POLITIC AND CORPORATE
ESTABLISHED PURSUANT TO C.R.S. 29-1-203 FOR THE
PAYMENT OF PROFESSIONAL SERVICES RELATED TO THE
SUBDIVISION OF CITY-OWNED PROPERTY FOR THE
HISTORIC ARKANSAS RIVERWALK EXTENSION AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City and Historic Arkansas Riverwalk Authority are desirous of setting
forth their mutual understanding relating to the completion of the required re-subdivision, alley
vacation, and rezoning of the city-owned properties that will be utilized for the extension of the
Arkansas Riverwalk Channel and other associated improvements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Cooperation Agreement between the City of Pueblo, a Municipal Corporation
(“City”) and the Historic Arkansas Riverwalk of Pueblo Authority, a body politic and corporate
established pursuant to C.R.S. 29-1-203 (“Authority”) to pay for professional services required
for the re-subdivision, alley vacation, and rezoning of the city-owned properties that will be
utilized for the extension of the Arkansas Riverwalk Channel and other associated
improvements, a copy of which is attached and incorporated herein, having been approved as
to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement on behalf of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest to the
same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 4.
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 # R10
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:
Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO
AUTHORITY, A BODY POLITIC AND CORPORATE ESTABLISHED
PURSUANT TO C.R.S. 29-1-203 FOR THE PAYMENT OF
PROFESSIONAL SERVICES RELATED TO THE SUBDIVISION OF
CITY-OWNED PROPERTY FOR THE HISTORIC ARKANSAS
RIVERWALK EXTENSION AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
SUMMARY:
This Ordinance approves a Cooperation Agreement between the City of Pueblo (“City”)
and the Historic Arkansas Riverwalk of Pueblo Authority (“Authority”) for completion of
the required re-subdivision, alley vacation, and rezoning of the city-owned properties
that will be utilized for the extension of the Arkansas Riverwalk Channel and other
associated improvements.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Ordinance approves a Cooperation Agreement between the Authority and the City
to jointly fund the cost of the re-subdivision, alley vacation, and rezoning of the city-
owned properties that will be utilized for the extension of the Arkansas Riverwalk
Channel and other associated improvements. The property is comprised of areas
within three separate subdivisions containing public streets and alleys that need to be
re-subdivide into a new subdivision. A legal description and exhibit from the new
subdivision will be used for the Ordinance to rezone the property. The Authority
engaged in a competitive bid process to hire a company to complete these tasks and
has selected Edward James Surveying at a price of $22,800. This Ordinance will
authorize the payment $12,600 from the Planning and Community Development
Department’s professional services account to the Authority.
FINANCIAL IMPLICATIONS:
City, upon approval of the Ordinance and receipt of an invoice from the Authority, will
disperse $12,600.00 in funds from the Planning and Community Development
Professional Services Account, 101-11-1110-10-53001 to the Authority to assist in the
payment of the $22,800 contract. The Authority will be approving an agreement with
Edward James Surveying to complete the required re-subdivision, alley vacation, and
rezoning of the city-owned properties.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, the re-subdivision, alley vacation, and
rezoning of the city-owned properties will be delayed until sufficient funds are
authorized which, will delay the progress of the HARP Channel Expansion Project.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. Cooperation Agreement with Exhibit A
COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT ("Agreement") is entered into as of October 24, 2022,
between Pueblo, a Municipal Corporation ("City") and the Historic Arkansas Riverwalk of Pueblo
Authority, a body politic and corporate established pursuant to C.R.S. 29-1-203, with an address of 125
Riverwalk Place, Pueblo, Colorado 81003 (hereinafter referred to as"Authority"),
WITNESSETH:
WHEREAS, the Authority is the recipient of Pueblo County 1-A funding for the expansion of the
Historic Arkansas Riverwalk of Pueblo channel and the construction of a boat house/office/event facility
("Project"), and,
WHEREAS,City and Authority are desirous of setting forth their mutual understanding relating to
the completion of the required re-subdivision,alley vacation,and rezoning of the city-owned properties that
will be utilized for said Project.
NOW THEREFORE, in consideration of the foregoing and mutual covenants contained herein,
City and Authority agree as follows:
1. The Authority assumes and shall be responsible for the contracting and payment of a
professional licensed surveyor within the State of Colorado for the completion of documents required for
the approval, by City Council, of a re-subdivision plat of the area that will be utilized for the expansion of
the Historic Arkansas Riverwalk of Pueblo channel east to the western right-of-way of Santa Fe Avenue
and other improvements within the Project.
2. The Authority has received a proposal from Edward James Surveying, Inc., 4732
Eagleridge Circle, Pueblo, CO 81008 ("Surveyor") to complete professional surveying services
encompassing the re-subdivision, alley vacation, and rezoning approvals that will be utilized for said
Project. A true and correct copy of the proposal from Edward James Surveying, Inc. is attached hereto as
Exhibit"A"and incorporated herein.The cost of$22,800 will be paid by Authority for the services provided
by the Surveyor.Any cost for the recording of the alley vacation and subdivision plats shall be paid by City.
3. Upon the Pueblo City Council's approval of this Agreement by ordinance, and the
submittal of an invoice by the Authority to City,the amount of$12,600 will be paid by City to the Authority
toward the cost for the professional licensed surveyor to complete the re-subdivision, alley vacation, and
rezoning of the properties that will be utilized for said Project work identified in the attached Exhibit"A".
4. Authority warrants and represents that:
(a) Authority is duly organized and validly existing in good standing under the laws
of the State of Colorado; has all necessary power to enter into the perform the covenants, conditions,
assurances and obligations on its part to be performed under Agreement; and by proper action has duly
authorized the execution and delivery of this Agreement.
(b) This Agreement constitutes a legal, valid and binding obligation of Authority
enforceable against Authority in accordance with their terms.
(c) Authority has sufficient funds committed and available form sources, which may
lawfully be used to timely meet and pay its financial obligations under this Agreement.
5. Any notice required or permitted to be given under this Agreement shall be deemed given
when delivered in person or mailed certified mail, postage prepaid, as follows:
(a) If to City, City of Pueblo, 1 City Hall Place, 2nd Floor, Pueblo, CO 81003,
Attention: Mayor; with a copy to the City Attorney, 1 City Hall Place, 3rd Floor, Pueblo, CO 81003.
(b) If to Authority, HARP Authority, 125 Riverwalk Place, Pueblo, Colorado 81003,
Attention: Executive Director, or to such other person or address as either party may designate in writing
given to the other party as above provided.
6. If any provision of this Agreement or the application thereof shall be determined to be
invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other
provision hereof. The waiver of any breach of any provision hereof shall not be construed as a waiver of
any other provision, or the same provision upon subsequent breach.
7. This Agreement may not be assigned by either party without the consent of the other party
and shall be binding upon and inure to the benefit of the City and Authority and their respective successors
and approved assigns.
Executed at Pueblo, Colorado,as of the day and year first above written.
ATTEST: CITY OF PUEBLO, A MUNICIPAL
CORPORATION
City Clerk
By
Nicholas A. Gra Isar, Mayor
Date 6.044.OV 0I49•X
HISTORIC ARKANSAS RIVERWALK OF
PUEBLO AUTHORITY
By
David Anderson, Board Chairman
Date I ° ` 21 - Z2