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HomeMy WebLinkAbout10657ORDINANCE NO. 10657 AN ORDINANCE APPROVING A TRAIL LICENSE AGREEMENT AND A LICENSE TO CROSS BETWEEN THE STATE OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATED TO THE OPERATION AND MAINTENANCE OF TRAIL IMPROVEMENTS TO BE INSTALLED AS PART OF CDOT'S PROJECT TO RECONSTRUCT THE I-25/US-50B INTERCHANGE, AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Trail License Agreement ("Agreement") and the License to Cross ("License") by and between the State of Colorado by and through the Colorado Department of Transportation ("CDOT"); and the City of Pueblo, a Colorado Municipal Corporation ("City"), copies of which are attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, are hereby approved. The Mayor is hereby authorized to execute said Agreement and said License for and on behalf of the City of Pueblo and the City Clerk's Office 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 and License to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective upon 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 12, 2024. Final adoption of Ordinance by City Council on February 26, 2024. APPROVED: PRESIDENT OF CITY COUNCIL Action by the Mayor: ☒ Approved on 02/29/2024 . □ 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 # R4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 26, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING A TRAIL LICENSE AGREEMENT AND A LICENSE TO CROSS BETWEEN THE STATE OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATED TO THE OPERATION AND MAINTENANCE OF TRAIL IMPROVEMENTS TO BE INSTALLED AS PART OF CDOT'S PROJECT TO RECONSTRUCT THE I-25/US-50B INTERCHANGE, AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR SUMMARY: This Ordinance approves a Trail License Agreement and License to Cross between the State of Colorado by and through the Colorado Department of Transportation and the City of Pueblo related to the operation and maintenance of trail improvements that will be constructed by CDOT during their upcoming project to rebuild the Interstate 25 and US-50 Bypass interchange. PREVIOUS COUNCIL ACTION: None. BACKGROUND: As part of CDOT's project to reconstruct the interchange at I-25 and US-50B, a pedestrian and bicycle trail will be constructed by CDOT within its right-of-way to provide safe and efficient access across the interstate, Fountain Creek, and the railroad tracks for non-vehicular traffic. As a condition of the trail construction, CDOT requires that the City accept maintenance responsibility for the proposed improvements. The Parks and Recreation Department will carry out vegetation management and associated trail maintenance responsibilities as part of its recreational trail maintenance program. FINANCIAL IMPLICATIONS: Under the Trail Maintenance Agreement and License to Cross, the City would be responsible for ongoing maintenance of the installed trail improvements. The City would also be responsible for costs associated with any City-requested changes in project scope related to the trail work and for removing said improvements should the City no longer desire to maintain them. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to approve this Ordinance will preclude the City from entering into the Trail Maintenance Agreement and issuance of the License to Cross from CDOT to the City. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. License to Cross (Final) 2. 23535 Trail License Agreement (Final)