Loading...
HomeMy WebLinkAbout10389 ORDINANCE NO. 10389 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE U.S DEPARTMENT OF THE INTERIOR, BY AND THROUGH THE U.S. GEOLOGICAL SURVEY, RELATING TO THE INSTALLATION AND MAINTENANCE OF A GAGING STATION AT THE 8TH STREET BRIDGE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, and the U.S. Department of the Interior, by and through the U.S. Geological Survey, attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute said Agreement for and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 3. 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 February 13, 2023. Final adoption of Ordinance by City Council on February 27, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 28, 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 Deputy City Clerk City Clerk's Office Item # R5 Background Paper for Proposed Ordinance February 13, 2023 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andra Ahrens, Director Wastewater SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE U.S DEPARTMENT OF THE INTERIOR, BY AND THROUGH THE U.S. GEOLOGICAL SURVEY, RELATING TO THE INSTALLATION AND MAINTENANCE OF A GAGING STATION AT THE 8TH STREET BRIDGE SUMMARY: This Ordinance approves and authorizes the Mayor to sign an agreement between the City of Pueblo and the U.S. Geologic Survey (“USGS”) to relocate the gaging station th that is currently located at the Hwy 50 bypass bridge and relocate it to the 8 Street Bridge due to construction. PREVIOUS COUNCIL ACTION: None BACKGROUND: th The relocation of the gaging station to the 8 Street bridge would be for five years and then it would be moved back to the Hwy 50 bypass bridge. The temporary move to the th 8 Street bridge is due to construction on the Hwy 50 bypass bridge by the Colorado Department of Transportation. The USGS would be responsible for maintenance, operation, and any other activities associated with the station. The City of Pueblo would grant access to the site for the streamflow measuring and/or water-quality sampling during the life of the agreement. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: Not applicable STAKEHOLDER PROCESS: None ALTERNATIVES: th The no-action alternative would not provide access to the 8 Street bridge and the USGS would not be able to provide the data the City uses for flow. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Installation permission agreement Form 9-1482 Revised (October 2002) U.S. Department of the Interior U.S. Geological Survey AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION * The landowner agrees that the U.S. Geological Survey (USGS) , Colorado Water Science Center may install and maintain a gaging station on the landowner's property at a mutually agreed-upon site at the location listed below. The landowner also agrees that the USGS will have access to the site, as it reasonably deems necessary for streamflow measuring and/or water-quality sampling during the life of this agreement. Description of the gaging station, located at Lat 38°16'28" Long 104°36' 02" .• I «._ : ,0., —watt , Ar'', f •*m 1rt4 1 r :;J ex 16 n4TaW v e. tw t1 j 4 x ,y14 t 14_,""x. \ , � ', •. fir, T„ , a , � ,. . r _ j. (Provide other location description and/or attach map, plat, drawings, photographs, or other descriptive information) ri:4 Excavation and/or installation of the gaging station, at the USGS's own expense, may begin any time after this agreement is fully executed. The gaging station shall be excavated, installed, and properly maintained by the USGS. This Agreement shall be regarded as granting a license or easement, whichever may most appropriately characterize it under applicable state law, in favor of USGS to enter landowner's property for the purposes noted herein. At the expiration of this agreement, the gaging station may be disposed of in one of the following ways: 1- Removal by the USGS, at its own cost and expense, within a reasonable time after the expiration of this agreement. Upon removal of the station, the USGS shall restore the landowner's property, also at its own expense, as nearly as possible to the condition when installed, or 1 2- Transfer to a state, local, or tribal government agency or Federal Energy Regulatory Commission licensee under a separate written agreement, if approved by the landowner and the USGS Regional Executive. During the life of this agreement, the Federal Government will be liable for any loss related to the installation, operation, maintenance, and other activities associated with the gaging station described above in accordance with, and to the extent permitted under, the Federal Tort Claims Act (28 U.S.C. &&1346 (b) and 2671 et seq) . This agreement shall become effective when fully executed and shall remain in full force for 5 years unless terminated earlier by USGS upon 60 days written notice. After 5 year (s) 0 month (s) , the agreement will continue in force until terminated by either the USGS or the landowner upon 60 days written notice to the other party. * For the purpose of this agreement, "gaging station" includes all stilling wells and structure, including cableways and equipment, used in the operation and maintenance of the monitoring site. Landowner: City of Pueblo Address: 1 City Hall Place, Pueblo, CO 81003 Telephone Number: 719-553-2611 USGS Science Center Director: Matt Ely Address: Box 25046 Denver Federal Center, MS 415 Lakewood, CO 80225 Telephone Number: 720-618-3282 USGS Project Chief: Krystal Brown Telephone Number: 719-250-0096 Digitally signed by KRYSTAL KRYSTAL BROWN BROWN U.S. Geological Survey Signature/Date Date:2023.01.1711:24:57-07'00' e 1 Landowner Signature/Date 2.4141/X 2