HomeMy WebLinkAbout11142Docusign Envelope ID: A2AE7C4D-ACE8-44EF-84E2-AA4B060E3789
ORDINANCE NO. 11142
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION,
AND THE COUNTY OF PUEBLO EXTENDING PUBLIC TRANSIT
SERVICES WITHIN THE UNINCORPORATED AREAS OF
PUEBLO COUNTY, COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Extended Transit Services to the Salt Creek Neighborhood between
the City of Pueblo, a Colorado Municipal Corporation, and Pueblo County, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved
SFCTION 2_
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 3.
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 4.
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 March 23, 2026.
Final adoption of Ordinance by City Council on April 13, 2026.
L
Signed by:
President of City Council
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Action by the Mayor:
[)� Approved on
❑ Disapproved on
04/15/2026
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
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST ocusignedby:
LD7,51 11
City Clerk
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City Clerk's Office Item # S3
COUNCIL MEETING DATE: April 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Benjamin Valdez, Director of Transit
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE
COUNTY OF PUEBLO EXTENDING PUBLIC TRANSIT SERVICES
WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY,
COLORADO
SUMMARY:
Attached is an Intergovernmental Agreement between the City of Pueblo, a Colorado
Municipal Corporation, and County of Pueblo for providing public transit services to the
Salt Creek Neighborhood in unincorporated area of Pueblo County.
PREVIOUS COUNCIL ACTION:
The City and County of Pueblo originally entered into an Agreement for Extended Transit
Services dated as of December 12, 1997, relating to the provision of public transit
services within the unincorporated areas of Pueblo County, Colorado. The agreement
has been extended as necessary since the original approval.
BACKGROUND:
Approval of the agreement allows continued services to the Salt Creek neighborhood on
Route 11, the Red Creek Route. The agreement expired on December 31, 2025.
FINANCIAL IMPLICATIONS:
Pueblo County will pay $79,500 to the City of Pueblo for the cost of services with a 3%
increase per year from 2026 through 2030.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board recommends approval
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STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The alternative should this Ordinance not
service to the neighborhood, reducing
approximately 15,500 passengers per year.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
pass, is for Pueblo Transit to discontinue
ridership on the Red Creek Route by
1. Board of County Commissioners Resolution Agreement
2. Salt Creek Transit Services Agreement
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AGREEMENT FOR EXTENDED TRANSIT SERVICES
TO THE SALT CREEK NEIGHBORHOOD
THIS AGREEMENT is entered into with an effective date of January 1, 2026 by and
between the County of Pueblo, a body corporate and politic, acting by and through the Board
of Commissioners (hereinafter "County") and the City of Pueblo, a Colorado municipal
corporation (hereinafter "City").
WITNESSETH:
WHEREAS, pursuant to its home rule authority and the authority granted by statute,
including but not limited to C.R.S. §31-15-711(1)(g), the City is authorized to develop,
maintain and operate mass transit systems, either individually or jointly with any other
government, and pursuant to that authority the City is maintaining and operating a mass
transit system within the corporate boundaries of the City; and
WHEREAS, the County is authorized by virtue of C.R.S. §30-11-101(l)(f) to develop,
maintain and operate mass transit systems either individually or jointly with any
government; and
WHEREAS, the City and the County may contract with one another to provide a mass
transit system of the type deemed needed by the citizens of and visitors to the area pursuant
to authority in C.R.S. §30-11-101(1)(f) and C.R.S. §31-15-711(1)(g) as implemented by
C.R.S. §29-1-201, et seq.; and
WHEREAS, the City and County have previously entered contracts to provide a mass
transit system including most recently the January 1, 2020 Agreement for Extended Transit
Services to the Salt Creek Neighborhood ("Prior IGAs"); and
WHEREAS, the City, at the request of the County, is willing to continue to develop,
maintain and operate said system incorporating and including service to and from the Salt
Creek neighborhood within the geographic boundaries which are under the jurisdiction of the
County and outside the corporate boundaries of the City; and
WHEREAS, the City and the County do jointly desire to provide this service as herein
established under the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions
set forth herein, the parties hereto do mutually agree as follows:
1. OPERATION OF MASS TRANSIT SYSTEM.
a. Subject to the terms and conditions set forth herein, the City and the County
agree to operate a joint mass transit system by bus within the Salt Creek neighborhood
located within the unincorporated area of Pueblo County, Colorado (hereinafter the
"System"). The parties agree that the City will be the sole manager and operator of the
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System herein established. In managing and operating the System, the City shall have the
right to utilize all of the roads, highways and rights of way of the County capable of safely
handling buses without charge therefor by the County. The fixed routes for the System, shall
be established by the City in its sole judgment and discretion.
b. The parties recognize and acknowledge that the City has for many years separately
operated an urban mass transit system serving the residents and transportation needs of the City
and its residents. The operation of the urban mass transit system within the corporate boundaries
of City shall remain separate and not subject to any provisions of this Agreement. The operation
of the joint System pursuant to this Agreement is intended to authorize expansion of the City
transit system beyond the City's corporate boundaries in unincorporated areas of Pueblo County,
consistent with maintaining the existing level of urban mass transit service, the availability of
buses, personnel and support systems, the need for service beyond City's corporate boundaries,
fare and subsidy revenues available for service beyond City's corporate boundaries, and
contractual and regulatory limitations arising from City's receipt of federal financial assistance for
mass transit. The determination of the appropriateness for and degree of such expansion of the
transit system, if any, shall be made by the City in its sole judgment and discretion.
C. In developing, operating and maintaining the System, the City will use its buses,
personnel, contractors, support systems, management and administrative systems.
2. REVENUE AND EXPENDITURES.
a. The parties agree that reasonable charges or fares may be assessed and collected
from persons utilizing the System established within the scope of this Agreement. The decision as
to the amount of such fares and to any rules and regulations in connection with such System shall
be made by the City. All revenues derived from any such fares or charges shall be and remain
property of the City and shall be used to defray the operation and maintenance expenses of the
System.
b. In addition to the foregoing, City may apply for and receive state and federal grants
and other financial assistance for purposes of acquiring property for use in or in conjunction with
the System, and for purposes of subsidizing operation, maintenance and administrative expenses
of the System. All such grants and assistance shall become and remain the property of the City,
and City shall be responsible for compliance with all contractual and regulatory requirements
associated with receipt of such grants and assistance.
C. City may, but shall not be required to, provide additional City funds for capital
improvements benefitting the System, acquiring or leasing property for use in conjunction with
the System, or for subsidizing the operation, maintenance and administrative expenses of the
System. The decision concerning whether to provide such additional City funds shall at all times
remain vested in the City Council of City, whose decision thereon shall be conclusive.
d. The County shall be required to provide County funds for subsidizing the
operation, maintenance and administrative expenses of the System. For the initial year of this
Agreement, the County shall pay the City the amount of Seventy -Nine Thousand, Five Hundred
Dollars ($79,500.00) to subsidize the operation, maintenance and administrative expenses of the
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System ("County Subsidy"). The County Subsidy shall increase by three percent (3%) each year
thereafter for the duration of this Agreement. The County shall pay, without demand, to the
City the County Subsidy on a quarterly basis. Nothing in this paragraph is intended to modify
the authority of City to establish such fixed routes as it deems appropriate in its sole judgment
and discretion.
NO IMPAIRMENT OF EXISTING CONTRACTS..
Nothing in this Agreement is intended to alter, amend, modify or impair any existing contract
entered into by the City concerning operation of the City's separate transit system or the System,
including but not limited to any binding collective bargaining agreement and any agreement with
the Pueblo Transportation Company.
4. LIABILITY AND INSURANCE.
As between City and County, City (as the manager and operator of the System) agrees to assume
the risk of personal injury, including death and bodily injury, and damage to and destruction of
property, including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the operation of the System or by the conditions created
thereby; provided, however, that nothing in this paragraph is intended, nor should it be construed,
to create or extend any rights, claims or benefits or assume any liability for or on behalf of any
third party, or to waive any immunities or limitations otherwise conferred under or by virtue of
federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq. City shall provide and maintain Workers' Compensation insurance coverage
or self-insurance on its employees complying with the requirements of State law.
5. NOT GRANT OF FRANCHISE.
The establishment of this Agreement shall not be construed as an exclusive grant or franchise
prohibiting similar grants, franchises or agreements pertaining to mass transit systems or other
common carriers operating within the territorial jurisdiction of either the City or County.
6. TERM.
The term of this Agreement shall be for a period of five (5) years; provided, however, that same
may be cancelled and terminated upon one hundred eighty (180) days advance written notice by
either party to the other, in which case each party shall be released from all further liability and
obligations hereunder except for (a) liabilities and obligations specifically incurred by the party
under a separate written contract or other instrument, (b) obligations and liabilities imposed by
operation of law, and (c) liabilities and obligations arising from leases entered into at the specific
request of the party as a condition for provision of funding.
7. EQUAL EMPLOYMENT OPPORTUNITY,
In connection with the performance of this Agreement, City shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, national origin,
sexual orientation, disability or age. City shall endeavor to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, religion, sex,
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national origin, sexual orientation, disability or age.
ASSIGNABILITY.
This Agreement shall not be assigned or transferred by either party without the prior written
consent of the other party. Any assignment or attempted assignment made in violation of this
provision shall, at the non -assigning party's election, be deemed void and of no effect
whatsoever.
9. NOTICES.
All notices to be given in this Agreement shall be made in writing and shall be sufficient if
delivered personally due to the need for timely transmission of information or by Certified Mail
to the other party at the following addresses:
If to County:
If to City:
Chief Administrative Officer
Pueblo County Courthouse
215 West loth Street
Pueblo, CO 81003
Mayor's Office
1 City Hall Place, 2nd Floor
Pueblo, CO 81003
10. ENTIRE AGREEMENT; AMENDMENTS.
With a copy to:
Pueblo County Attorney' s Office
Pueblo County Courthouse
215 West 10'h Street, Room 312
Pueblo, CO 81003
With a copy to:
Director of Transit
Pueblo, CO 81003
With an additional copy to:
City Attorney
101 W. Riverwalk
Pueblo, CO 81003
This Agreement constitutes the entire Agreement between the Parties and supersedes all prior and
contemporaneous agreements, representations, and understandings between them. This
Agreement shall be construed and enforced according to the laws of the State of Colorado. No
alterations, amendments, changes, or modifications to this Agreement shall be valid unless they
are contained in writing and executed by all Parties. City and County hereby release one
another from any claims arising from the Prior IGAs. No amendment or modification of this
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Agreement, and no waiver of any provision of this Agreement, shall be binding unless made
in writing and executed by the duly authorized officers of both the City and County.
11. SIGNATURES.
The persons signing this Agreement on behalf of each party represent and warrant that such
persons and their respective party have the requisite power and authority to enter into, execute
and deliver this Agreement and that this Agreement is a valid and legally binding obligation
of such party enforceable against it in accordance with its terms.
IN WITNESS WHEREOF, the City and the County have executed this Agreement as
of the date first above written and under laws of the State of Colorado.
AT T1;:-*S" ..
Clerk to the Board
[SEAL]
ATTEST:
Docusigned by:
By. Cit� Clerk
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[SEAL]
APPROVED AS TO FORM:
('�' _ . . .. . ................. . -- .......
Cotaaity Attorney
Cynthia Mitchell
COUNTY OF PUEBLO
By
°laa, or��oaaat onarassioners
CITY OF PUEBLO
Signed by:
By:
Mayo��:�����.�_..�m�..............................._
r
Heather Graham
APPROVED AS TO FORM:
DocuSigned by:
By
City Attorney
Carla Sikes