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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 2 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. 3 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 5 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 5 ' 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