HomeMy WebLinkAbout10369
ORDINANCE NO. 10369
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT, RELATED TO THE
ESTABLISHMENT OF PUEBLO HISTORY AND ART WALK AND
THE INSTALLATION OF COMMUNITY WAYFINDING AND
GATEWAY SIGNS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation
and the Pueblo Department of Public Health and Environment, a copy of which is attached
hereto, having been approved as to form by the City of Pueblo Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Intergovernmental Agreement in the
name of the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and
attest same.
SECTION 3.
The officers of the City of Pueblo are authorized to perform any and all acts consistent
with this 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 December 27, 2022.
Final adoption of Ordinance by City Council on January 9, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on January 11, 2023 .
□ 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 # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 9, 2023
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 AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT, RELATED TO THE ESTABLISHMENT
OF PUEBLO HISTORY AND ART WALK AND THE INSTALLATION OF
COMMUNITY WAYFINDING AND GATEWAY SIGNS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
SUMMARY:
The Ordinance will approve an Intergovernmental Agreement with the Pueblo
Department of Public Health and Environment (PDPHE). The agreement allows the
City of Pueblo to provide support to PDPHE in providing project support related to the
establishment of Pueblo History and Art Walk as well as the installation of community
gateway signs and neighborhood wayfinding signs in the Bessemer, Bojon Town, and
Grove neighborhoods.
PREVIOUS COUNCIL ACTION:
On October 26, 2020, City Council approved the Colorado Smelter Revitalization Plan
under Resolution No. 14496. The adopted plan identified a slate of projects related to
community improvements in the Bessemer, Bojon Town, and Eilers neighborhoods of
Pueblo.
BACKGROUND:
The Colorado Smelter Revitalization Plan included a number of projects that could be
implemented within the Bessemer, Bojon Town, and Grove neighborhoods as funding
became available. Because many of the proposed improvements are on public
property or in the public right-of-way, and because the City of Pueblo, through its Public
Works Department, has the ability to provide engineering and construction support for
the project, PDPHE has engaged the City of Pueblo to assist with the implementation of
these projects.
FINANCIAL IMPLICATIONS:
PDPHE will pay the City of Pueblo up to $22,000 to reimburse the costs incurred for
work performed under this agreement.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Projects identified for implementation have been vetted within the local community and
supported by the Bessemer, Bojon Town, and Grove Improvement Network ("BEGIN")
Governing Committee.
ALTERNATIVES:
Failure to approve this agreement will preclude the City of Pueblo from being able to
partner with PDPHE in providing support to these projects.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. PDPHE InterGovernmental Agreement
• city of
ci Pueblo Department ofis)
i i liPUEBLO
Public Health & Environment
Colorado
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT("Agreement")is made and entered into as of January ,
2023,by and between the Pueblo Department of Public Health and Environment("Department")and Pueblo, and
the City of Pueblo, a municipal corporation ("City").
WHEREAS,the Department and the City are political subdivisions as defined in C.R.S. §29-1-201 et seq., which
expressly authorizes and encourages political subdivisions to cooperate and contract with another to provide
goods and services as permitted by law; and
WHEREAS, Department desires to engage and City desire to perform the work and services for the Community
Organizing Neighborhood Improvement (CONI) described in Exhibit A ("Projects") attached hereto; and
WHEREAS, the City's Public Works Department is qualified by training, education, and experience to perform
said Services.
NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the mutual promises,
covenants, terms, and conditions contained herein, Department and the City agree as follows:
1. Services. City agrees to provide all services described in the attached Exhibit A, which is incorporated
herein by this reference for the Community Organizing Neighborhood Improvement(CONI) Program. City shall
provide said Services as per the established completion schedule for the Services.
2. Payment. In consideration for Services performed herein by City, Department will pay the sum of no more
than $22,000 as described in Exhibit A, which is incorporated herein by this reference. City shall submit an
invoice to receive funds as outlined in Exhibit A.
3. Independent Contractor. The parties understand and agree that City shall, at all times during the term of
this Agreement, be deemed an independent contractor and not an employee of the Department, and shall be
responsible for, and obligated to pay, all withholding taxes, social security, unemployment, worker's
compensation, and/or other taxes and shall indemnify and hold the Department harmless from and against any
and all claims for the same period. City acknowledges and agrees that all its personnel are its employees only,
and not employees or agents of the Department for any purpose whatsoever, including for purposes of Worker's
Compensation.
4. Term/Termination. The term of this Agreement shall commence on the effective date, all projects must
be completed by April 15, 2022, and shall remain in effect for a term of two years, unless terminated sooner as
provided herein. The parties may terminate this agreement at any time and for any reason by giving thirty (30)
days prior written notice to the other party. In addition, Department may terminate this Agreement immediately
if(i) Department funding for the Services is terminated, (ii) City fails to timely and satisfactorily perform the
Services, (iii) or City is in default under any provision of this Agreement.
5. Insurance. The City is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at all times during the term of this Agreement such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
Page 1of21
6. Liability Exposure. Notwithstanding any other provision of this Agreement, no term or condition of this
Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity
Act, C.R.S. §24-10-101, et seq.
7. Complete Agreement. This Agreement constitutes the complete Agreement on the subject hereof and
supersedes and replaces all prior oral and written understandings and/or agreements of the parties on the subject
hereof.
8. Governing Law. This Agreement and the rights and duties of the parties shall be construed and interpreted
and enforced in accordance with the laws of the State of Colorado.
9. Modifications. This Agreement may not be modified or amended in any manner by either or both of the
parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the
parties hereto. No waiver of any of this Agreement's provisions or conditions shall be binding unless made in
writing and signed by both parties to this Agreement.
10. Binding Agreement. When executed by the parties, this Agreement shall constitute a binding Agreement
and shall be binding upon and inure to the benefit of the parties and their respective legal representatives,
successors and permitted assigns. Any delegation or assignment of this Agreement or any of the obligations set
forth herein by either party without the prior written consent of the other party shall be void and of no force and
effect.
11. Severable. If any provision of this Agreement shall be determined to be invalid, illegal or without force
by a Court of Law or rendered so by legislative act,the remaining provisions shall remain in full force and effect.
12. Waiver. Failure to exercise any remedy which either party may have under this Agreement or any other
acquiescence by one party, shall not constitute a waiver of any obligation of the defaulting party hereunder.
13. Notices. All notices required under this Agreement shall be sent in writing by certified or registered mail,
return receipt requested, to the following address:
City of Pueblo Public Works Department
Attn: Director
211 E. D Street
Pueblo, CO 81003
and
Pueblo Department of Public Health & Environment
Attn: Public Health Director
101 W. 9th Street
Pueblo, CO 81003
***SIGNATURE PAGES FOLLOW***
Page 2 of 21
IN WITNESS WHEREOF,the parties have executed this Agreement effective the date first above written.
1,1i
Pueblo Department of Public Health and Environment
1,
/OP 17
By: I or t �g�/ .
Randy Eve , Pueblo Health Director
i.
STATE OF COLORADO )
)ss. i
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 0/'`day of . 2023, as
Department of Public Health and Environment.
Public Health Director,Pueblo �
Witness my hand and official seal, [ SEAL] SHANNON ROYBAL i
/�,o� NOTARY PUBLIC
My commission expires 017 Oma`^3 STATE OF COLORADO
NOTARY ID 20164020766 I
MY COMMISSION EXPIRES MAY 27,2023
'qt.0 /a9 ''
c..-MI
4141-e L
Notary Public ,
Approved as to form:
14f ,
Depart eat Attorney
a
a
Page 3 of 21
City of Pueblo, Colorado, a Municipal Corporation
r
By: 2.{... ..4,45(....e....
Nicholas A. Gra Isar, Mayor
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 1( day of ,;14.te
2023, as
Mayor of the City of Pueblo, a Colorado Municipal Corporation.
Witness my hand and official seal. [ SEAL ]
My commission expires /0%6/2423
Eilene Tracey Sample
NOTARY Pueuc
STATE OF COLORADO 2-1-64 --e- O--"---,4
• NOTARY IDY 20074038010 Notary Public
MY COMMISSION EXPIRES 101012023
Approved as to form:
-4>ckiv‘Aj . 11- 72V__,4,,Q.4 .,..._
City Attorney
Page 4 of 21
SCOPE OF SERVICES
Exhibit A
Project Overview: The Colorado Smelter Revitalization Project (CSRP), adopted by Pueblo City Council in
October 2020, identified a slate of projects for community improvements in the Bessemer, Bojontown,and Grove
neighborhoods within the City of Pueblo. Some of the projects identified within the plan included the
establishment of a Pueblo History and Art Walk which includes the creation of unique art pieces from local artists
for installation along a designated pathway. The Department received grant funding through the Colorado Health
Foundation via the Community Organizing Neighborhood Improvement (CONI) grant program to install certain
improvements including public art exhibits, pathway signs and markers, neighborhood wayfinding signs, and
community gateway signs in support of the larger approved project plan. The Department has expressed its desire
to engage the City of Pueblo via the City's Public Works Department to perform certain elements of work. This
agreement between the City and the Department is intended to codify roles and responsibilities of both parties
and clarify the scope of services to be provided by the City in support of the project.
The Department and the City have designated the following staff members within each organization as project
points of contact, which may be updated from time to time as agreed to by the parties:
• PDPHE Contact: Darena Herschler, herschlerd@pueblocounty.us
• PDPHE Financial Contact: Georgia Alfonso, georgia.alfonso@pueblocounty.us
• City of Pueblo Public Works Contact: Andrew Hayes,ahayes@pueblo.us
A map of the Pueblo History and Art Walk pathway is included as Attachment 1.
Project Scope:
1. City authorizes Pueblo Department of Public Health and Environment(PDPHE) staff to place path
markers in the Bessemer, Bojon Town, and Grove neighborhoods along the Pueblo History and Art Walk as
described in Attachment 2. Path markers that become loose, damaged, dislodged, or otherwise present a
nuisance or hazard may be removed by the City without notice. City will endeavor to replace such markers if
replacements are available.
2. City grants permission for PDPHE third party contractor(s) to install printed wraps on pre-approved
City-owned utility boxes throughout the Bessemer, Bojon Town, and Grove neighborhoods. The City may
remove any wraps that become loose, damaged, or otherwise present a nuisance or hazard without notice.
While City will endeavor to protect installed wraps, equipment failures or damage may require that the utility
box be replaced. A map showing the approved wrap installation locations is included as Attachment 3.
3. City will provide installation materials and labor to install wayfinding signage in the Bessemer, Bojon
Town, and Grove neighborhoods in approved locations along the Pueblo History and Art Walk as shown in
Attachment 4. Up to three map signs (approximately two feet wide by two feet high) will be installed by a
separate Department contractor on City wayfinding sign poles. Department agrees to coordinate installation
and acceptance of map signs with City.
4. City will install pre-approved anchoring platforms in approved locations along the Pueblo History and
Art Walk to safely secure public art pieces located at parcel 1501142017, parcel 1406324014, parcel
1501304008, parcel 1501139009 and parcel 536307017.
5. With respect to the two (2) art pieces and three (3) bench art pieces to be installed in approved locations
along the Pueblo History and Art Walk as shown in Attachment 5, such installation shall be subject to and
conditioned upon donation to and acceptance by the City of such art pieces.
Page 5 of 21
6. City will provide material handling equipment and transportation support to assist in the installation of
designated art pieces and benches at approved locations along the Pueblo History and Art Walk as listed in
Attachment 5.
7. City will provide the necessary equipment, and operator to install the "Pueblo Sails" art piece on an
approved location at the southerly end of the Clark Street right-of-way along the Pueblo History and Art Walk
pathway.
8. As owners of the public art exhibits, City will provide liability insurance coverage for the art pieces and
sites for the Pueblo Sail and bench art pieces after installation and subject to and conditioned upon donation to
and acceptance by the City of such art pieces.
9. City will display three (3)bench art pieces at approved locations on parcel 1501142017 in Moynihan
Park, parcel 1406324014, and in city right of way at the intersection of Summit Avenue and Orman Avenue.
Where benches are proposed to be installed within a City Park, the location shall be subject to the approval of
the City's Director of Parks and Recreation. Where benches are proposed to be installed within the public right-
of-way, the location shall be subject to the approval of the City's Director of Public Works. The City retains the
right, at its sole discretion, to relocate the benches to other locations for public enjoyment within the City at its
expense. The City also retains the right to remove and dispose of any bench if it is determined to be a nuisance
or if they are damaged beyond repair. Disposal of the benches shall be subject to the terms and conditions of
any existing agreements with the Artist.
10. City will install landscape improvements around the art piece "Pueblo Sails" located on the Pueblo
Levee across from parcel 1501139009 and one (1) bench art piece in approved city right of way at the
intersection of Summit Avenue and Orman Avenue along the Pueblo History and Art Walk pathway. The
landscaping plan shall be mutually agreed upon by the Department and the City.
11. City will seek community input for the design of the community gateway sign to be installed over
Northern Avenue near Bessemer and Bojon Town through engagement with the Bessemer Bojontown and
Grove Improvement Network Governing Committee ("BEGIN").
12. City will fabricate and install three (3) neighborhood wayfinding signs in Bessemer, and update the
existing wayfinding sign in Bojon Town in a style similar to other wayfinding signs in the City, as shown in
Attachment 6.
13. City will accept and install one (1) community gateway sign in the Grove neighborhood.
14. City shall endeavor to complete all projects by April 15, 2022. City shall submit a final invoice to the
Department for work completed as of April 15, 2022. The City may be reimbursed the value of such work up to
$22,000.00 for tasks performed in accordance with this scope of services. Department agrees to process
payment of submitted invoice within 30 days of receipt by Department.
Page 6 of 21
Attachment 1 — Pueblo History and Art Walk Pathway Map
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TURN LEFT OHS ENTREE.AVE
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Ol BESSEMER coroKur SIAM 0111- THEN HEAD IEEE LEW A CONTINUE WALKING UNTIL 1;•=.'
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BA,5 TUPH LEFT SE NOPTHERN AVE 28 SOU SEE THE RESFINDING SIGN FOR THE 0
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POINT OF INTEREST-THEN HEED BACK ON
. . E NORTHERN AVE TO CONTINUE WALK
' 4
PUEBLO HISTORY AND ART WALK
watertower Place MEI Kuria Vass BEI Welcome to Bessemer
B O J O N Welcome to The Grove Neighborhood BM Meadow Gold Dairy Distribution Center aiag GusPlace Ela
LOOP Bat Back Gall 3 3 3 Newton's Lumber Yard Gagliancis Italian Market a Deli al
Silver Park 4 4 4 Welcome to the Bojon Town Neighborhood BB Northern Avenue Business Conittor Ea
Star Bar 5 5 5 Do Drop Inn Elm Steel Works M
GROVE Moynihan Park 6 6 6 The Ethos(Formed Grand Prix)aim NeighborWorks Southern Colorado ED
Clark Spring Water Company Edison School 11110 Bessemer Park E ,
LOOP Our Lady of Mt.Carmel Church MN6 Steel Mill Turnstile Gate Es] Central High School M
Arkansas Levee Trail 9 9 9 East Northern Avenue Businesses ElEC Keating School
Santa Fe Avenue Bridge in to SL Mary s Catholic Church am Onnan Mansion
BESSEMER Union Avenue Historic Commercial District 10 Benedict Park as Phkin Homes Archrtecture M —
L 0 0 P The Colorado Smelter Slag Pile/The Track*Ti IT Eiler's Place 6 St.Mary's Field ma Rawlings Library Epi 1"
Completing the Grove Loop m Completing the Bojon Town Loop M Aztec Manufacturing,,IM
Union Avenue Historic Commercial District M ,,
Completed the Bessemer Loop E
0 0.125 025 0.5 Miles 0 0.125 0.25 0.5 Kilometers
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I I I I I I I I 111 111 1 1 1 1 inch=375 feet
Page 7 of 21
Attachment 2—Pathway Markers
vtjeblo History �,iteblo History blo Histo
& Mt Walk sr, Mt Walk 'lc
Art Walk
y
The Grove Loop Bojon Town Loop
The Bessemer Loop
4b1:Xt.ai'M
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Location of Placement
The path markers used for the Pueblo History and Art Walk will be placed in the public right of way on concrete curb if
possible, in areas where;
1. A change of direction is required to stay on the Pueblo History and Art Walk paths OR
2. Every 1/8 mile along the Pueblo History and Art Walk
The path markers will be placed in the top left corner of the cement curb as close to the final cement sidewalk block
located at each designated area facing the direction where pedestrians are approaching from.
If the path markers cannot be placed in the location specified,the individual, group, or entity altering or adding path
markers are expected to work with the City of Pueblo's Public Works Director to determine the second-best location for
the markers.
The individual,group, or entity will need verbal or written approval from the Public Works Director prior to installing the
path markers in a different location than specified above.
An example of placement is shown below.
Pedestrian must turn left and cross
the street to complete the walk
Pedestrian's walkirg direction Pedestrian's walking direction
4
I
Option 2
••
• _,) Tree Lawn
""""10' Path markers face the pedestrians approaching
••• Adjacent Curb
Option 1
Order of Placement
For continuity purposes, the path markers will be stacked vertically on top of each other and face the direction where
pedestrians are approaching.
Page 8 of 21
The path markers will be placed in the descending order as described below.
• Green first, Blue second, Purple third.
If a path marker is not needed at a specific location, it will not be placed in the order and all remaining path
markers will shift up vertically, if necessary, keeping their order.
An example of Order of Placement is shown below.
Example: When all three loops align (Not to Scale) Example: When only two loops align (Not to
Scale)
4110 •
• Pedestrian's
walking direction
Page 9 of 21
Attachment 3 — Utility Box Wrap Locations
Utility box at the corner of S Santa Fe and E Mesa Ave. Right next t JJeannie's Dance Studio located at 1143
S Santa Fe Ave.
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Two utility boxes off B street and Clark. It is in the parking lot across from Our Lady of Mt. Carmel
Church. The church is located at 421 Clark St, Pueblo CO 81003.
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Page 10 of 21
Benedict Park
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Public Health&Environment
Utility box on the Northeast corner of Northern Ave and Pine St. Located on the pedestrian light pole. It is
right next to the Pawn Shop located at 623 West Northern Ave, Pueblo CO, 81004.
�{{ q Side
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Public Health&Environment
Page 11 of 21
Utility box at the Northeast corner of Northern Ave and Evans Ave. Located on the pedestrian light pole. It
is across the street from Boost Mobile located at 322 West Northern Ave, Pueblo, CO, 81004.
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Utility box at the Northeast corner of Northern Ave and Abriendo Ave. located on the pedestrian light pole. It
is in front of the abandoned building next to Myxed Up Creations located at 217 W Northern Ave, Pueblo
CO, 81004.
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Page 12 of 21
Attachment 4— Pueblo History and Art Walk Wayfinding Signs and Location Map
Summit and E Orman Avenue
111."' 'III vwrwPwwwppmwpowwnrgmpwpppwwmpwpmppp
PUEBLO HISTORY
AND ART WALK
R Central I ligh School * E
K Orman Adams Mansion
R Rawlings Library 410
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Bessemer Loop
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coin Pueblo Department of
Public Ilenitb R I;miron mem
Rawlings Library Location
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PUEBLO HISTORY ' ,, ,it p^ s s+t
AND ART WALK y , . , ° ,'-
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4 t pion Avenue M
EHistoric Arkansas
F Ka%lings library ' '
Bessemer loop
cpPueblo Department of
Public Health&Environment
Page 13 of 21
E Mesa and Berwind Avenue
PUEBLO HISTORY
AND ART WALK
Bojon Town Loop 4
F- Bessemer Loop *or --
Bessrowr loop[)(tension
(1)PuebloDepartment of
Puhli& Health Imironment
Turnstile Gate Location
Pr"--
PUEBLO HISTORY
AND ART WALK ,
Steel Mill turnstile 3
p3
40.
the Bojon town loop
4
Pueblo Department of
Public Health&Environment
Page 14 of 21
Egan Avenue and E Northern Avenue
PUEBLO HISTORY ' i. ' ,
AND ART WALK *w; 11'-... 4,,,..,. .. . . • ..,,, .1,...- .
Steel Mill lornstile d
(-ontinuing the Bojon 4 . .
lo.n loop
I he Bojon loon loop `'
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Public Health&Environment
Egan Avenue and E Mesa Avenue
PUEBLO HISTORY ' - "- " .
AND ART WALK
TEdison School -
Steel Mill turnstile
Continuing the Bojon
Town Loop
i..4...11
The Bojon Town loop
L _ J
dil)Pueblo Department of
Public Health&Environment
Page 15 of 21
Santa Fe Avenue
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- 111111
4 •f.4 rq, 13 x>w
PUEBLO HISTORY
AND ART WALK • ""
*ta'
Bojon Town
The Grove y
lir Bojon Inwn loop
L J
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Pulo p
Public HebealtDeh&Envartmentironofment
Clark Street and E B Street
PUEBLO HISTORY ► r/ ",
AND ART WALK
Grove Loop 4, ,.;
the Rojon Town loop
• ._.
V
Pueblo Department of
Public Health&Environment
Page 16 of 21
Santa Fe Avenue and E Spring Street
PUEBLO HISTORY
AND ART WALK .
i, +`
kieltAr i;,r
Blo Back Gallery T - t. ';-- ,. ,,,,--tirrir ____
Our Lady of MI.Carmel Aa
Church
Pueblo River Trail ., -.....Wm
The Grove Looe
•
Ilir
L J =i
Cis)Pueblo Department of
ot Public Health&En%ironment
Page 17 of 21
Attachment 5— Artwork Location Photos
Bench Art— Summit Ave. and Orman Ave.
-41
Rawlings Library (Photo Blast)
4 7
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Page 18 of 21
Pueblo Levee (Pueblo Sails)
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Attachment 6—Typical Community Wayfindina Sian Example
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