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HomeMy WebLinkAbout10954ORDINANCE NO. 10954 AN ORDINANCE APPROVING A CDOT ACCESS PERMIT AGREEMENT BETWEEN DTV PUEBLO & PRAIRIE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO THE INSTALLATION OF PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPERTY AT LOT 1, LA BELLA PIAZZA SUBDIVISION FILING NO. 2, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The CDOT Access Permit Agreement ("Agreement") by and between DTV Pueblo & Prairie, LLC., an Arizona limited liability company, and the City of Pueblo, a Colorado municipal corporation, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the Pueblo City Attorney, is hereby approved. The Mayor is hereby authorized to execute the Agreement for and on behalf of the City of Pueblo. SECTION 2. The officers of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described herein. SECTION 3. 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 May 12, 2025. Final adoption of Ordinance by City Council on May 27, 2025. ____________________________ 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 _____________ eto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 27, 2025 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 CDOT ACCESS PERMIT AGREEMENT BETWEEN DTV PUEBLO & PRAIRIE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO THE INSTALLATION OF PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPERTY AT LOT 1, LA BELLA PIAZZA SUBDIVISION FILING NO. 2, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves a CDOT Access Permit Agreement between DTV Pueblo & Prairie, LLC, an Arizona limited liability company and the City of Pueblo, a Colorado municipal corporation related to DTV Pueblo & Prairie's obligations for installing certain public improvements as part of the development of Lot 1, La Bella Piazza Subdivision Filing No. 2. The proposed Ordinance also authorizes the Mayor to execute the agreement on behalf of the City of Pueblo. PREVIOUS COUNCIL ACTION: None. BACKGROUND: DTV Pueblo & Prairie, LLC is developing Lot 1 of La Bella Piazza Subdivision Filing No. 2, which is located adjacent to Pueblo Boulevard. The City, as Permittee for the CDOT Access Permit for the southern Prairie Avenue access to Pueblo Boulevard, is entering into this agreement with DTV Pueblo & Prairie to delegate a portion of its obligations related to new traffic impacts to DTV Pueblo & Prairie. FINANCIAL IMPLICATIONS: All work required by CDOT under the Access Permit related to the development of DTV Pueblo & Prairie's property shall be undertaken by DTV Pueblo & Prairie at its sole expense. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failing to approve this Ordinance will prevent the City from being able to enter into the Agreement. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. CDOT Access Permit - Whataburger