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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
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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:
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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
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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:
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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"
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(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
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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'
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Landowner Signature/Date 2.4141/X
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