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HomeMy WebLinkAbout10638*ORDINANCE NO. 10638 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, A COLORADO NON-PROFIT CORPORATION ALLOWING FOR THE DELAY OF THE INSTALLATION OF LANDSCAPE IMPROVEMENTS FOR THE CRAWFORD TOWNHOMES PHASE 3 OF PHASE 2B AS REQUIRED BY SECTION 17-4-7 LANDSCAPE PERFORMANCE STANDARDS OF THE PUEBLO MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City and the Housing Authority of the City of Pueblo are desirous of setting forth their mutual understanding relating to the completion of the landscape improvements for the Crawford Townhomes Phase 3 of Phase 2b as required by Section 17-4-7 Landscape Performance Standards of the Pueblo Municipal Code; NOW; THERFORE; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Colorado Municipal Corporation (“City”) and the Housing Authority of the City of Pueblo, a Colorado non-profit corporation (“Housing Authority”) to delay the completion of landscape improvements for the Crawford Townhomes Phase 3 of Phase 2b as required by Section 17-4-7 Landscape Performance Standards of the Pueblo Municipal Code, 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 immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 26, 2023. Final adoption of Ordinance by City Council on January 8, 2024. APPROVED: PRESIDENT OF CITY COUNCIL Action by the Mayor: ☒ Approved on January 10, 2024 . ☐ 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 # R9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 8, 2024 TO: President Mark Aliff 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 AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, A COLORADO NON-PROFIT CORPORATION ALLOWING FOR THE DELAY OF THE INSTALLATION OF LANDSCAPE IMPROVEMENTS FOR THE CRAWFORD TOWNHOMES PHASE 3 OF PHASE 2B AS REQUIRED BY SECTION 17-4-7 LANDSCAPE PERFORMANCE STANDARDS OF THE PUEBLO MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an Agreement between the City of Pueblo (“City”) and the Housing Authority of the City of Pueblo (“Housing Authority”) allowing for the delay of the installation of landscape improvements for the Crawford Townhomes Phase 3 of Phase 2B as required by Section 17-4-7 Landscape Performance Standards of the Pueblo Municipal Code until May 31, 2024. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Ordinance approves an Agreement between the Housing Authority and the City to allow the Housing Authority to delay the installation of landscape improvements for the Crawford Townhomes Phase 3 of Phase 2B as required by Section 17-4-7 Landscape Performance Standards of the Pueblo Municipal Code until May 31, 2024. The delay is being requested by the Housing Authority due to impending adverse weather conditions. This delay in the enforcement of the landscape requirements will allow for the Housing Authority to secure certificates of occupancy and allow for the newly constructed apartments to be occupied prior to the landscaping being completed. The remaining landscaping consists of trees, shrubs, plants, and sod in accordance with the approved landscape plan dated May 3, 2023, for the Crawford Town Homes Phase 3 of Phase 2B. If the installation of the landscaping is not completed by May 31, 2024, the Housing Authority shall provide an irrevocable letter of credit or 1 and ½ times escrow of the estimated costs in accordance with Section 17-4-7 (b) (8) a. 5. – Landscape Performance Standards of the Pueblo Municipal Code. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Ordinance, the Housing Authority will not be authorized to receive certificates of occupancy for these new units until the landscape improvements are completed in compliance with the landscape standards. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. Agreement for Housing Authority to delay landscape improvements_FINAL