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HomeMy WebLinkAbout10687ORDINANCE NO. 10687 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO BY WHICH PUEBLO COUNTY WILL PAY TO THE CITY OF PUEBLO $9,000,000 IN 1A FUNDS FOR THE CONSTRUCTION OF THE HARP CHANNEL EXTENSION AND BOATHOUSE PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE SAME, ACCEPTING THE 1A FUNDS FROM THE COUNTY, ESTABLISHING PROJECT NO. CI2432, AND BUDGETING AND APPROPRIATING THE FUNDS TO PROJECT NO. CI2432 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement, dated April 22, 2024, by which the County will pay to the City $9,000,000 in 1A funds to be used for the HARP Channel Extension and Boathouse Project, between the City of Pueblo, a Colorado Municipal Corporation and the County of Pueblo, a political subdivision of the State of Colorado, and the Historic Arkansas Riverwalk of Pueblo Authority, a political subdivision of the State of Colorado, attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to accept the 1A funds from the County and to execute said Intergovernmental Agreement on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest the same. SECTION 3. Project No. CI2432 -- HARP Channel Extension and Boathouse Project is hereby established. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Intergovernmental Agreement to implement the policies and procedures described herein. SECTION 5. 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 April 08, 2024. Final adoption of Ordinance by City Council on April 22, 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 # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 22, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO BY WHICH PUEBLO COUNTY WILL PAY TO THE CITY OF PUEBLO $9,000,000 IN 1A FUNDS FOR THE CONSTRUCTION OF THE HARP CHANNEL EXTENSION AND BOATHOUSE PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE SAME, ACCEPTING THE 1A FUNDS FROM THE COUNTY, ESTABLISHING PROJECT NO. CI2432, AND BUDGETING AND APPROPRIATING THE FUNDS TO PROJECT NO. CI2432 SUMMARY: This Ordinance approves and authorizes the Mayor to sign an Intergovernmental Agreement accepting 1A funds from Pueblo County to be used to fund, in part, the construction of the HARP Channel Extension and Boathouse Project. PREVIOUS COUNCIL ACTION: City Council previously approved on March 18, 2019, an Intergovernmental Agreement between the parties for the purpose of providing design and construction ready plans for the HARP Channel Extension and Boathouse Project. BACKGROUND: In November 2016, County voters passed Ballot Question 1A, which allows the County to collect, retain and spend all revenue from all sources notwithstanding the limitations of Article X, Section 20 of the Colorado Constitution ("TABOR") or other law and utilize revenues from expiring Tax Incentive Agreements ("TIA") in the amount of approximately $66 million to fund an initial list of 20 specific community improvement Projects, and a list of Projects as modified or supplemented from time to time, now formally known as the Capital Improvement Program ("CIP"). The HARP Channel Extension and Boathouse Project was identified as a Project. The design and construction plans contemplated by the previous IGA have been completed, bids reviewed, and a qualified contractor identified. The project consists of the demolition of the existing eastern channel terminus, construction of a new channel eastward to Santa Fe Drive, new and retrofitted utilities, paving and hardscapes, drainage, site electrical and lighting, landscape improvements as well as the construction of a new two-story building. The two-story building will be used by HARP for boat and equipment storage, office space, and public gatherings. FINANCIAL IMPLICATIONS: The total cost of the project is $15,974,481.73 as set out below: PROJECT COSTS Base Bid Channel $4,212,227.00 Base Bid Boathouse 9,088,834.00 Add Alts #1 7 943,812.00 Sub-total $14,244,873.00 Black Hill Estimate (separate cost) 277,383.73 Sub-total $14,522,256.73 10% Contingency $1,452,225.00 TOTAL PROJECT COST $15,974,481.73 PROJECT REVENUE County 1A $9,000,000.00 DOLA Grant 1,000,000.00 DOLA Match City GF/Unappropriated fund 1,000,000.00 ARPA Lost Revenue 945,000.00 ARPA Basic Funds 517,884.44 PURA 200,000.00 Sub-total $12,662,884.44 RTA/Sale & Use Tax 3,311,597.29 $15,974,481.73 Pursuant to the IGA, Pueblo County will contribute $9,000,000 to the project as set forth above. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: The City Council could decide not to enter into the IGA with the County or accept the $9,000,000 offered by the County for the HARP project. The HARP Channel Extension and Boathouse Project will not be able to be completed without the 1A money from the County. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. FINAL IGA with County HARP City for 1A money for riverwalk expansion