HomeMy WebLinkAbout08177ORDINANCE NO. 8177
AN ORDINANCE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY, FOUNTAIN
CREEK WATERSHED, FLOOD CONTROL AND
GREENWAY DISTRICT, LOWER ARKANSAS VALLEY
WATER CONSERVANCY DISTRICT, AND PUEBLO
COUNTY RELATING TO THE MANAGEMENT OF GRANTS
AND PROJECT ACTIVITY ON FOUNTAIN CREEK AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the City of Pueblo and Lower Arkansas Valley Water Conservancy
District ( "Lower Ark ") have grants and other funding initiatives that were instituted before
the creation of the Fountain Creek Watershed, Flood Control and Greenway District
( "District'); however, it was a goal of said Parties to have an entity to manage,
administer, and fund the capital improvements and maintenance projects envisioned in
the grants and funding initiative necessary to mitigate flooding, sedimentation and
erosion, address water quality issues, improve drainage and, in addition, to obtain or
accept funding for protection of open space plus provide for the development of public
recreational opportunities, including parks and trails, within the Fountain Creek
Watershed (hereinafter "Watershed "); and
WHEREAS, the Parties are signatories to that certain Intergovernmental
Agreement dated December 15, 2008, the purpose of which was to collaborate on the
creation of the District (the "IGA "); and
WHEREAS, the District was formed by the General Assembly of Colorado by
Senate Bill 09 -141, said legislation approved by the General Assembly and signed into
law by Governor Bill Ritter (the "Statute "); and
WHEREAS, the Parties desire to preserve the collaborative work and attain the
goals established by the District and to continue to support the District as contemplated
in the IGA and Statute, and the Parties desire to set forth, in writing, the framework
under which they will collaborate and cooperate to have the District administrative staff
provide management, oversight and coordination of the grant and project activities
within the Watershed; and
WHEREAS, Pueblo County, through its 1041 Permit approval of the Southern
Delivery System Project, has a direct interest in grants and funding that may in turn
affect Fountain Creek pursuant to said 1041 Permit, and;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SGrTlrlr\l 1
A Memorandum of Understanding ( "MOU') between the City of Pueblo, a
Municipal Corporation, District, Lower Ark, and Pueblo County relating to the
management of grants and project activity on Fountain Creek, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver said
MOU in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and
the City Clerk shall affix the seal of the City thereto and attest the same.
INTRODUCED: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: April 26, 2010
Background Paper for Proposed
ORDINANCE
DATE: APRIL 12, 2010
AGENDA ITEM # R-4
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY, FOUNTAIN CREEK WATERSHED, FLOOD CONTROL AND GREENWAY
DISTRICT, LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT, AND
PUEBLO COUNTY RELATING TO THE MANAGEMENT OF GRANTS AND PROJECT
ACTIVITY ON FOUNTAIN CREEK AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve an MOU between the City, Fountain Creek Watershed,
Flood Control and Greenway District ( "Fountain Creek District'), Lower Arkansas Valley
Water Conservancy District ( "Lower Ark ") and Pueblo County ( "County ") relating to the
management of grants and project activity on Fountain Creek?
Approve the Ordinance.
BACKGROUND
This Ordinance approves a Memorandum of Understanding for the management of
grants and project activity on Fountain Creek. The City of Pueblo has been awarded
grants from the State of Colorado related to two demonstration projects along Fountain
Creek within the city limits. The projects include the placement of a sediment bedload
collection system and the construction of an off - channel detention and wetland area
north of SH47 (University Boulevard) along the west side of the creek east of the north
side Wal -Mart.
The purpose of the MOU is to provide a framework whereby grants and projects
underway within the Fountain Creek Watershed can be administratively managed by the
Fountain Creek District. The City or any other party to the MOU may request the
administration of a grant activity or project consistent with the Fountain Creek District's
purposes. The Fountain Creek District Board will have the final approval to accept or
decline the administrative management of projects and activities submitted by parties to
the MOU.
FINANCIAL IMPACT
Subject to the terms and conditions of grants or project activities, the Watershed District
may recover its administrative expenses from grant or project funds as may be allowed
in providing management, coordination, administration, financial record keeping and
documentation of activity.
Reception 1842590
05/27/2010 11:11:26 AM
MEMORANDUM OF UNDERSTANDING FOR THE MANAGEMENT
OF GRANTS AND PROJECT ACTIVITY ON FOUNTAIN CREEK
This Memorandum of Understanding for the Management of Grants and Project Activity on Fountain
Creek ( "MOU" or "Agreement ") is made this 26th day of March, 2010 between the Fountain Creek
Watershed, Flood Control and Greenway District, a duly organized special district and political
subdivision of the State of Colorado as authorized at 32 -11.5 101 et seq., C.R.S. (the "District "), the City
of Pueblo by and through the City Council ( "City of Pueblo "), the Lower Arkansas Valley Water
Conservancy District ( "Lower "), and Pueblo County, Colorado, a political subdivision of the State of
Colorado ( "Pueblo County "), all which may be collectively referred to hereinafter as the "Parties" or
referred to individually as a "Party."
RECITALS
WHEREAS, the City of Pueblo and Lower have grants and other funding initiatives that were
instituted before the creation of the District; however, it was a goal of said Parties to have an entity to
manage, administer, and fund the capital improvements and maintenance projects envisioned in the
grants and funding initiative necessary to mitigate flooding, sedimentation and erosion, address water
quality issues, improve drainage and, in addition, to obtain or accept funding for protection of open
space plus provide for the dPvelonment of public recreational opportunities, including parks and trails,
within the Fountain Creek Watershed (hereinafter "Watershed "); and
WHER ,AS, the Parties are signatories to that certain intergovernmental Agreement dated
December 15, 2008, the purpose of which was to collaborate on the creation of the District (the "IGA ");
and
WHEREAS, the District was formed by the General Assembly of Colorado by Senate Bill 09-
141. said legislation approved by the General Assembly and signed into law by Governor Bill Ritter (the
"Statute "); and
WHEREAS, the Parties desire to preserve the collaborative work and attain the goals established
by the District and to continue to support the District as contemplated in the IGA and Statute, and the
Parties desire to set forth, in writing, the framework under which they will collaborate and cooperate to
have the District administrative staff provide management, oversight and coordination of the grant and
project activities within the Watershed; and
WHEREAS, Pueblo County, through its 1041 Permit approval of the Southern Delivery
System Project, has a direct interest in grants and funding that may in turn affect Fountain Creek
pursuant to said 1041 Permit; and
WHEREAS, the Board of Directors of the District includes representatives from each of the
Parties and the Director from the City of Pueblo made a motion whereby the administrative tasks of
grant and projects in the Watershed may be performed by the District, and said motion was duly
seconded and passed by the Board at its February 26, 2010 meeting; and
WHEREAS, upon their respective ratification and execution of this Agreement, the Parties agree
as follows:
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, and the terms and conditions set
forth below, the sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Purposes. The Purpose of this MOU is to provide a framework whereby the grants and projects
underway by signatories to the IGA can be administratively managed by the District. Any entity within
the Watershed, by execution of this MOU, may submit a request for administration to the District of
grants consistent with the District's purposes.
2. Administration by the District. Upon approval of this MOU by the Parties, any signatory of the
MOU within the District may, at its sole discretion, request the administration of any grant activity or
project consistent with the District's purposes by the District's administrative staff by written notice to
the Board of Directors of the District. The written notice, upon receipt, will be accepted or declined by
the District Board at a subsequent meeting. The grant or project shall remain in the name of the entity
requesting administration of the activity by the District.
3. Recovery of Administrative Costs. Subject to the terms and conditions of the grant or project
activity, the District may recover its administrative expenses from grant or project funds as may be
allowed in said grant or project in providing the management, coordination, administration, financial
record keeping and documentation of the activity.
4. Regular Reports. The District shall provide regular reports to the grant entity and requesting
entity, including by way of example and not limitation, documentation to be provided to the agency
providing the grant funding, agencies or entities providing matching funds, either in -kind or monetary,
and a final summary of the grant activity.
5. Identification of Activities for Administration by the District. Any signatory to the IGA or
entity within the Watershed, by providing a written request, may be considered by the District Board for
administration by the District, which activities will be identified in appropriate exhibits to the MOU,
which may be added by amendment approved by the District pursuant to Paragraph 9. The District shall
periodically review the projects, grants and other activities included on said exhibits to insure that the
goals and objectives of the District are being served by the administration of said activities.
6. Grants and Projects Identified. The Parties agree that the grants and projects identified at
Exhibit A shall be administered by the District.
7. No Third Party Beneficiaries. This MOU is intended to describe the rights and responsibilities
of and between the Parties and is not intended to, and shall not be deemed to confer any rights upon, any
persons or entities not named as Parties, or not subsequently added as a Party, nor to limit in any way the
powers and responsibilities of the Parties or any other entity not a party hereto.
8. Entire Agreement. This MOU, together with all Exhibits attached hereto, which Exhibits are
incorporated herein by this reference, constitutes the entire agreement between the Parties hereto, and all
other representations or statements heretofore made, verbal or written, are merged herein.
9. Amendments. While amendments or modifications of substantive terms of this Agreement will
require written agreement of the parties, the Parties hereby agree and give their consent that if additional
entities are added as Parties because they request administration of new grant(s), or if the Parties to this
MOU request administration of additional grants or projects not identified herein, only the District and
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either the new entity or the affected Party to this MOU will be required to sign an amendment or
addendum to this MOU.
10. Notice. All notices and other communications that are required or permitted to be given to the
Parties under this IGA shall be sufficient in all respects if given in writing and delivered in person, by
telecopy, by overnight courier, or by certified mail, postage prepaid, return receipt requested, to the
receiving party at the following addresses:
City of Pueblo
City Manager
1 City Hall Place
Pueblo, CO 81003
Telephone: 719 -553 -2655
Facsimile: 719 -553 -2698
With a copy to: Pueblo City Attorney
503 N. Main St., Suite 203
Pueblo, CO 81003
Telephone: 719- 562 -3899
Facsimile: 719- 544 -1007
Fountain Creek Watershed,
Flood Control and Greenway District Executive Director
P.O. Box 1976
Colorado Springs, CO 80901
With a copy to: Office of the Pueblo County Attorney
215 West Tenth Street, Room 312
Pueblo, CO 81003 -2944
Telephone: 719 -583 -6630
Facsimile: 719 -583 -6057, and
Office of the El Paso County Attorney
27 East Vermijo Street, Third Floor
Colorado Springs, CO 80903
Telephone: 719 -520 -6485
Facsimile: 719 -520 -6487
Lower Arkansas Valley
Conservation District Executive Director
801 Swink Avenue
Rocky Ford, Colorado 81067
719 - 254 -5115
IN WITNESS THEREOF, the parties have signed this MOU on the day and year indicated below.
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LOWER ARKANSAS VALLEY WATER CONSERVATION DISTRICT
By: -
C (Title)
Dated this 60 day of 1/W4 2010
ATTEST:
By :
G G I/ (Title)
APPROVED AS TO FORM:
Atto` Lower Arkansas alley Water Conservation District
FOUNTAIN CREEK WATERSHED, FLOOD CONTROL AND GREENWAY DISTRICT
B y:C �
•
J.E. Chostner, Chariman
Dated this 26th day of March, 2010
ATTEST:
By: __,1>ic
Larry Atencio, Secretary
APPROVED AS TO FORM:
geptkvini-/v
M. Cole Emmons, Counsel for the District
ATTEST: CITY OF PUEBLO
By: By:
City Clerk President of the City Council
4
APPROVED AS TO FORM:
M. Cole Emmons, Counsel for the District
PUEBLO, A MUNICIPAL CORPORATION
l ets a e c o
President of the City Council "fr , ,4 c c r
Dated this 26th day of April, 2010 [. ' �� +� . \ �
A. K \ I ,
�T
i - its ATTEST:, 1= .
Ci J Jerk'" a _. i,
APPROVED AS TO FORM:
74 ?V.
City Attorn
BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO
By
Chair, Board of County Commissioners
Dated this day of , 200_.
ATTEST:
By:
Clerk to the Board
APPROVED AS TO FORM:
Pueblo County Attorney
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APPROVED AS TO FORM:
Pueblo City Attorney's Office
ATTEST: PUEBLO COUNTY, COLORADO
By : � 1� By:
`LR't
Clerk to the :oar. Chair, Board of County Commissioners
APPROVED AS TO FORM:
Pueblo County Atiomey's Officg
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' Exhibit A
Projects and Grants
1. National Resource Conservation Service grant to Lower for Streamside Detention and Habitat
Improvements
2. EPA 319 Grant to City of Pueblo for Water Quality Monitoring in Lower Fountain Creek
3. Colorado Water Conservation Board Water Supply Reserve Account Grant to City of Pueblo for
Bedload /Sediment Collection and Removal Technology - Fountain Creek
6