HomeMy WebLinkAbout11260Docusign Envelope ID: 28078CCB-6470-82DA-80E8-58344F78FB33
ORDINANCE NO. 11260
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
PUEBLO MUNICIPAL RAIL CORPORATION AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
.qFfTInN 1
The Agreement between and Pueblo, a Colorado Municipal Corporation and Pueblo
Municipal Rail Corporation, a Colorado nonprofit corporation, attached hereto (the
"Agreement"), having been approved as to form by the City Attorney, is hereby approved.
SECTION 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.
.qFrTIfN
Funds for this Agreement shall be paid from City's 1992-2026 Sales and Use Tax
Capital Improvement Projects Fund.
SECTION 4.
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 5.
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 August 24, 2026.
Final adoption of Ordinance by City Council on September 14, 2026. DocuSigned by:
President of City Council
Docusign Envelope ID: 28078CCB-6470-82DA-80E8-58344F78FB33
Action by the Mayor:
Q Approved on
❑ Disapproved on
09/15/2026
based on the following objections:
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
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusigned by:
LG
City Clerk
Docusign Envelope ID: 28078CCB-6470-82DA-80E8-58344F78FB33
City Clerk's Office Item # R5
COUNCIL MEETING DATE: September 14, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Andrew Hayes, Public Works Director
Robert Jagger, Deputy City Attorney
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN PUEBLO,
A COLORADO MUNICIPAL CORPORATION, AND PUEBLO
MUNICIPAL RAIL CORPORATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
SUMMARY:
This Ordinance approves an Agreement with the Pueblo Municipal Rail Corporation to
operate the industry track located within the Pueblo Memorial Airport.
PREVIOUS COUNCIL ACTION:
Resolution 12378 (April 9, 2012) created the Pueblo Municipal Rail Corporation, a
Colorado nonprofit corporation, as an agency and instrumentality of the City of Pueblo
to construct, reconstruct, repair, maintain and operate public rail facilities for and on
behalf of the City of Pueblo.
BACKGROUND:
BNSF Railroad desires to execute an industry track agreement with respect to industry
track currently owned by the City and located within and intended to serve the Pueblo
Memorial Airport Industrial Park. To do so, the City will need to approve the attached
Agreement so that Pueblo Municipal Rail Corporation may execute such industry track
agreement consistent with its intended and created purpose.
FINANCIAL IMPLICATIONS:
Funds for operation of the public rail facilities will come from the City's 1992-2026 Sales
and Use Tax Capital Improvement Projects Fund as it does currently.
Docusign Envelope ID: 28078CCB-6470-82DA-80E8-58344F78FB33
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None as the City cannot enter the BNSF industry track agreement as it cannot legally
agree to indemnification provisions required by BNSF.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Agreement