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HomeMy WebLinkAbout10748ORDINANCE NO. 10748 AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT AND EASEMENT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO STATE FAIR AUTHORITY, AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO RECONSTRUCTION AND MAINTENANCE OF THE ADA RAMP AND IMPROVEMENTS AT MESA AVENUE AND PRAIRIE AVENUE AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement and related Easeme between and Pueblo, a Municipal Corporation and the State of Colorado, acting by and through the Colorado State Fair Authority, copies of which are attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreements 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 3. Funds for the Agreements shall be paid from Project Account PL2003, Northern Ave. Streetscape Trail Prj. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreements to implement the policies and procedures described therein. The City Clerk is directed to cause the Easement Agreement to be recorded in the office of the Pueblo County Clerk and Recorder in accordance with the terms of the Memorandum of Agreement. 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 July 22, 2024. Final adoption of Ordinance by City Council on August 12, 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: August 12, 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 MEMORANDUM OF AGREEMENT AND EASEMENT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO STATE FAIR AUTHORITY, AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO RECONSTRUCTION AND MAINTENANCE OF THE ADA RAMP AND IMPROVEMENTS AT MESA AVENUE AND PRAIRIE AVENUE AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR SUMMARY: Attached is an Ordinance approving a memorandum of agreement and easement agreement by and between the State of Colorado, acting by and through the Colorado State Fair Authority, and the City of Pueblo, relating to reconstruction and maintenance of the ADA ramp and improvements at the northeast corner of Mesa Avenue and Prairie Avenue. PREVIOUS COUNCIL ACTION: Ordinance 9600 dated November 25, 2019, transferred funds in the amount of HU1601 and budgeted and appropriated $125,000 for the Traffic Signal Northern Avenue and Prairie Avenue Project. Ordinance 9666 dated February 24, 2020, established Project Account PL2003, which approved an IGA between the City and CDOT, transferred $125,000 from Project Account HU1601 to Project Account PL2003, and budgeted and appropriated funds in the amount of $625,000 for the Northern Avenue Streetscape/Trail Phase III Project. Resolution 14465 dated August 24, 2020, approved an agreement for professional engineering services between the City and Short Elliott Hendrickson, Inc., in the amount of $63,037.19, related to the Northern Avenue Streetscape/Trail Phase III Project. Ordinance 9977 dated August 9, 2021, approved an amendment to the -082 between the City of Pueblo, a Colorado Municipal Corpora Streetscape/Trail Phase III Project. Ordinance 10121 dated February 28, 2022, approved Amendment #2 to the Intergove-082 between the City of Pueblo, a Streetscape/Trail Phase III Project. Ordinance 10308 dated October 24, 2022, approved a 3rd Amendment and Restatement of an Intergovernmental Agreement between Pueblo and CDOT relating to the Northern Avenue Trail Phase III Project, and budgeted and appropriated funds totaling $693,494 for the project. BACKGROUND: This Ordinance approves a Memorandum of Agreement and easement agreement between the State of Colorado, acting by and through the Colorado State Fair Authority and the City of Pueblo for a permanent easement at the northeast corner of Mesa Avenue and Prairie Avenue. The purpose of the easement is for the reconstruction and maintenance of the handicap ramp and improvements. The improvements at this location are part of a project for which the City received a Transportation Alternatives Program grant and a Multi-Modal Transportation Options Fund grant from the Colorado Department of Transportation. The purpose of these grants were for the design and construction of a trail and curb ramp improvements on Northern Avenue between Cambridge Ave and Prairie Ave, and sidewalk and curb ramp improvements on Prairie Avenue between Northern Avenue and the State Fair Grounds entrance. Traffic signal improvements at the intersections of Northern Ave and Prairie Ave, and Mesa Ave and Prairie Ave were also included. FINANCIAL IMPLICATIONS: Funding, in the amount of $930.00, will be paid to the State of Colorado, from Project Account PL2003, Northern Ave. Streetscape Trail Prj. BOARD/COMMISSION RECOMMENDATION: Not applicable STAKEHOLDER PROCESS: Not applicable ALTERNATIVES: Denial of this agreement will result in the City not being able to complete the necessary work within the Colorado State Fair property. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. PE-4 Memo of Agreement 2. PE-4 Easement Agreement 3. PE-4 Easement Exhibit