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City Clerk's Office Item # R7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 28, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Charles Roy, Acting Director of Public Works
SUBJECT: AN ORDINANCE APPROVING A PUBLIC HIGHWAY OVERPASS
AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY, A
DELAWARE CORPORATION, AND THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, RELATING TO
CONSTRUCTION ON THE EXISTING GRADE-SEPARATED
OVERPASS OVER THE UNION PACIFIC RAILROAD TRACK AND
PROPERTY AT MEL HARMON DRIVE/DILLON DRIVE AND
AUTHORIZING EXECUTION THEREOF BY THE MAYOR
SUMMARY:
Attached is an Ordinance approving a Public Highway Overpass Agreement for
Preliminary Engineering Services between Union Pacific Railroad Company and the
City of Pueblo for conducting maintenance of an existing overpass over the Union
Pacific Railroad tracks and property at Mel Harmon Drive/Dillon Drive.
PREVIOUS COUNCIL ACTION:
Ordinance 9205 (November 27, 2017) adopted the City of Pueblo 2018 Budget, which
budgeted $150,000.00 for the Mel Harmon Drive Bridge Overlay and Rehabilitation
Project (HU1802). Ordinance 9373 (November 26, 2018) adopted the City of Pueblo
2019 Budget, which budgeted an additional $300,000.00 for the same project.
Ordinance 9618 (December 9, 2019) approved an agreement with the Colorado
Department of Transportation ("CDOT"), accepted a grant from the Federal Highway
Administration (FHWA) in the amount of $418,701.00 and budgeted and appropriated
the grant funds into Account Project HU1802 - Mel Harmon Drive Bridge Overlay and
Rehabilitation.
Resolution 14714 (September 27, 2021) awarded an agreement for Professional
Design Services in the amount of $69,921.00 to Short Elliott Hendrickson, Inc., for
Project 21-053, Engineering Design Services for Mel Harmon Bridge Overlay Project.
Ordinance 10410 (March 15, 2023) approved a reimbursement agreement between
Union Pacific Railroad and the City of Pueblo.
BACKGROUND:
The Mel Harmon Drive Bridge was constructed in 1976, and it spans along Pueblo Mall
Drive and Union Pacific Railroad tracks. Recent bridge inspection reports have
recommended rehabilitation that includes the following tasks: to preserve the structure;
resurface the bridge deck, address settlement issues/mud jack slope pavement,
remove and replace noncompliant bridge railing, modify approach rails, remove and
replace damaged curb and gutter and sidewalk, remove vegetation, etc.
In 2018, the City of Pueblo was awarded a grant from the Federal Highway
Administration (FHWA) in the amount of $418,701.00 to aid in the rehabilitation of this
bridge.
The Union Pacific Railroad right-of-way extends under Mel Harmon Drive Bridge. In
order to conduct work over the railroad tracks, temporary construction rights from Union
Pacific Railroad are required.
FINANCIAL IMPLICATIONS:
The cost of the temporary construction rights are $8,695.00.
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 over the railroad and the repairs at the Mel Harmon Bridge being canceled. In
addition, a portion of the work is funded by a grant received from CDOT. Failure to
approve this agreement will require funds to be returned to CDOT.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 0788261Grade Separation Agreement - City of Pueblo - DOT# 254384N
ORDINANCE NO.10998
AN ORDINANCE APPROVING A PUBLIC HIGHWAY
OVERPASS AGREEMENT BETWEEN UNION PACIFIC
RAILROAD COMPANY, A DELAWARE CORPORATION, AND
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, RELATING TO CONSTRUCTION ON THE
EXISTING GRADE-SEPARATED OVERPASS OVER THE
UNION PACIFIC RAILROAD TRACK AND PROPERTY AT MEL
HARMON DRIVE/DILLON DRIVE AND AUTHORIZING
EXECUTION THEREOF BY THE MAYOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Public Highway Overpass Agreement by and between Union Pacific Railroad
Company, a Delaware Corporation, and the City of Pueblo, a Colorado Municipal Corporation, a
copy of which is attached hereto and made part hereof by reference, after having been
approved as to form by the City Attorney, is hereby approved. The Mayor is hereby authorized
to execute said Agreement 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 2.
The officers and staff 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 therein.
SECTION 3.
This Ordinance shall become effective immediately upon passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 14, 2025.
Final adoption of Ordinance by City Council on July 28, 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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk