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HomeMy WebLinkAbout10676ORDINANCE NO. 10676 AN ORDINANCE (1) APPROVING TWO MEMORANDA OF AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION RELATED TO THE CONVEYANCE OF REAL PROPERTY BETWEEN THE CITY AND CDOT, (2) ACCEPTING AND APPROVING A SPECIAL WARRANTY DEED CONVEYING PROPERTY FROM THE CITY TO CDOT, (3) ACCEPTING AND APPROVING A QUITCLAIM DEED FROM CDOT TO THE CITY, (4) ACCEPTING AND APPROVING A WARRANTY DEED CONVEYING PROPERTY FROM NEIGHBORHOOD SERVICES, INC. TO THE CITY, (5) ESTABLISHING PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND PROCUREMENT, (6) TRANSFERRING FUNDS IN THE AMOUNT OF $160,000.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND BUDGETING AND APPROPRIATING SAID FUNDS INTO PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND PROCUREMENT, AND (7) AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO FACILITATE THE TRANSACTIONS DESCRIBED HEREIN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The two Memoranda of Agreement between the City of Pueblo and the State of Colorado by and through the Colorado Department of Transportation related to the conveyance of real property, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The Special Warranty Deed conveying certain real property from the City of Pueblo to the Department of Transportation, State of Colorado, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 3. The Quitclaim Deed conveying certain real property from the Department of Transportation, State of Colorado to the City of Pueblo, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 4. The Special Warranty Deed conveying certain real property from Neighborhood Services, Inc. to the City of Pueblo, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 5. Project Account CI2422 - Fire Station 1 Land Procurement is hereby established. SECTION 6. Funds in the amount of $160,000.00 are hereby transferred from the unappropriated fund balance of the General Fund and budgeted and appropriated into Project Account CI2422 - Fire Station 1 Land Procurement. SECTION 7. The Mayor is hereby authorized to execute each of the Memoranda of Agreement and Deeds approved and accepted in Sections 1 through 4 of this Ordinance in the name and on behalf of the City of Pueblo. SECTION 8. The officers and staff of the City are hereby authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 9. 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 March 11, 2024. Final adoption of Ordinance by City Council on March 25, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 25, 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 (1) APPROVING TWO MEMORANDA OF AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION RELATED TO THE CONVEYANCE OF REAL PROPERTY BETWEEN THE CITY AND CDOT, (2) ACCEPTING AND APPROVING A SPECIAL WARRANTY DEED CONVEYING PROPERTY FROM THE CITY TO CDOT, (3) ACCEPTING AND APPROVING A QUITCLAIM DEED FROM CDOT TO THE CITY, (4) ACCEPTING AND APPROVING A WARRANTY DEED CONVEYING PROPERTY FROM NEIGHBORHOOD SERVICES, INC. TO THE CITY, (5) ESTABLISHING PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND PROCUREMENT, (6) TRANSFERRING FUNDS IN THE AMOUNT OF $160,000.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND BUDGETING AND APPROPRIATING SAID FUNDS INTO PROJECT ACCOUNT CI2422 - FIRE STATION 1 LAND PROCUREMENT, AND (7) AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO FACILITATE THE TRANSACTIONS DESCRIBED HEREIN SUMMARY: This Ordinance will approve and facilitate several real estate conveyance transactions between the City and CDOT, as well as the conveyance of a parcel from Neighborhood Services to the City. All of the transactions approved herein are intended to facilitate CDOT's upcoming project to reconstruct the US Highway 50 Bypass interchange at I-25 and to secure land that may be used as a future site for a new City fire station near the intersection of S. Santa Fe Avenue and Ilex Street. PREVIOUS COUNCIL ACTION: None. BACKGROUND: In support of its project to reconstruct the I-25/US-50B interchange, CDOT has requested the City convey three parcels of land to facilitate construction of the new bridges over Fountain Creek and the railroad tracks. CDOT also intends to acquire property adjacent to Chinook Lane in the City's name to provide additional right-of-way for the realignment of that street, which is a City roadway. The City has been working to identify a location suitable for the construction of a new Fire Station No. 1 to replace the aging building currently located at 425 West 7th Street. CDOT currently owns two parcels of land located near Santa Fe Avenue and D Street (commonly referred to as "Ilex") that could meet this need for the City. In discussions with CDOT, they are willing to convey those two parcels to the City as part of the transaction on a first-right-of-refusal basis. If the City does not accept the transfer of the parcels, CDOT could offer them for sale to other public entities or to the public. FINANCIAL IMPLICATIONS: The City will convey three parcels of land to CDOT located in the vicinity of the US Highway 50 Bypass interchange. The value of these City-owned parcels has been negotiated to be $200,000.00. CDOT will convey two parcels of land to the City located at the intersection of Ilex Street and S. Santa Fe Avenue. These parcels have been assessed at approximately $360,000.00. The difference in the value of the land being conveyed to each party results in a net value transfer to the City of approximately $160,000, which the City would need to pay to CDOT in order to complete the transaction. This Ordinance establishes Project Account CI2422 - Fire Station 1 Land Procurement, and budgets and appropriates $160,000.00 from the City's unappropriated General Fund balance into said project account. These funds will be used to pay CDOT the difference in net value for the properties being conveyed between the parties. In addition, CDOT will acquire a parcel of land from a private owner, Neighborhood Services, Inc., located at 1080 Chinook Lane on behalf of the City. That parcel will be used to expand the Chinook Lane right-of-way, a City-maintained street. CDOT did not include the valuation of this property in its property conveyance proposal, resulting in a minor overall savings for the City. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve this ordinance will prevent the City from conveying and accepting the properties described above. CDOT's project to reconstruct the US Highway 50 Bypass will also incur significant delays if it is required to obtain the property through its powers of eminent domain. In addition, the City will lose its opportunity to acquire the real property at Ilex and Santa Fe, which is an ideal location for providing fire and emergency services in the central and downtown areas of the City with direct access to both north- and south-bound I-25 via the Santa Fe Avenue on-ramps. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 1-A) MOA (City to CDOT) - as negotiated 2. 1-B) MOA (CDOT to City) 3. 2) Special Warranty Deed City to CDOT 4. 3) QCD State to City of Pueblo - EX-8 and EX-9 5. 4) Warranty Deed to City of Pueblo - RW-215