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HomeMy WebLinkAbout11282Docusign Envelope ID: 718A06ED-1851-80D6-8254-85392EC6EF20 ORDINANCE NO. 11282 AN ORDINANCE APPROVING AN AUTOMATED SPEEDING ENFORCEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND OBVIO INC. AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, Pueblo is a home rule municipality organized and existing under Article XX of the Colorado Constitution, which vests in home rule municipalities plenary authority over matters of local concern, including the regulation of vehicular traffic on public streets within the City; and WHEREAS, the Colorado General Assembly has declared that the enforcement of traffic laws through the use of automated vehicle identification systems is a matter of statewide concern requiring uniform state standards, C.R.S. Section 42-4-110.5(1); and WHEREAS, C.R.S. Section 42-4-110.5(2), as amended by S.B. 23-200 (effective June 5, 2023), S.B. 24-195 (effective June 5, 2024), and S.B. 26-152 (signed by Governor Polis on June 2, 2026, effective August 12, 2026), authorizes a municipality to adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality or violations of state traffic law, subject to the conditions and limitations set forth in that section; and WHEREAS, the deployment and operation of an AVIS speed enforcement program require Automated Traffic Law Enforcement System equipment, software, back -office processing services, and public education services that are not available within existing City resources, and the City has determined that procurement of these services from a qualified vendor is necessary to implement the program; and WHEREAS, the Agreement structures compensation as a flat monthly fee per Operational Camera and expressly warrants that compensation is not contingent on, and does not vary with, the number of citations issued or the amount of fine revenue collected, conforming to the flat -rate compensation requirements of C.R.S. Section 42-4-110.5(5) as amended by S.B. 26-152; and WHEREAS, the City Council finds that approval of the Agreement is in the best interests of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Automated Speeding Enforcement Agreement between the City of Pueblo and Obvio Inc., a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest same. The Agreement is subject to such technical, non -substantive changes as may be approved by the City Attorney prior to execution. Docusign Envelope ID: 718A06ED-1851-80D6-8254-85392EC6EF20 SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate 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 September 14, 2026. Final adoption of Ordinance by City Council on September 28, 2026. DocuSignedby: President of City Council Action by the Mayor: E� Approved on ❑ Disapproved on 09/30/2026 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 Docusignedby: City Clerk Docusign Envelope ID: 718A06ED-1851-80D6-8254-85392EC6EF20 City Clerk's Office Item # S10 COUNCIL MEETING DATE: September 28, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING AN AUTOMATED SPEEDING ENFORCEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND OBVIO INC. AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT SUMMARY: This proposed Ordinance approves an Automated Speeding Enforcement Agreement between the City and Obvio Inc., a Delaware Corporation, for the provision of Automated Vehicle Identification System (AVIS) equipment, cameras, hardware, software, and maintenance services to support the City's speed enforcement program. PREVIOUS COUNCIL ACTION: This proposed Ordinance is companion legislation to the AVIS speed enforcement enabling ordinance (adding new Section 15-1-25), the AVIS corridor designation ordinance, and the ordinance repealing and reenacting Section 15-1-10 (traffic signal camera conformance), all being introduced concurrently at this same meeting. The City has not previously entered into a vendor agreement for AVIS speed enforcement services. BACKGROUND: The Colorado General Assembly has authorized municipal use of Automated Vehicle Identification Systems for speed enforcement under C.R.S. Section 42-4-110.5, as amended by S.B. 23-200 (effective June 5, 2023), S.B. 24-195 (effective June 5, 2024), and S.B. 26-152 (signed by Governor Polis on June 2, 2026, effective August 12, 2026). To operate an AVIS speed enforcement program, the City requires equipment, software, and back -office processing services that are not available in-house. This Ordinance approves an agreement with a vendor selected to provide those services. Obvio Inc. is a Delaware Corporation that provides automated traffic law enforcement systems and related services to municipal customers. The Agreement covers the full Docusign Envelope ID: 718A06ED-1851-80D6-8254-85392EC6EF20 scope of the AVIS speed enforcement program authorized by new Section 15-1-25, including feasibility studies, equipment installation and calibration, camera operation, violation data capture and pre-processing, submittal of violation packages for peace - officer or Automated Enforcement Coordinator review under Section 15-1-25(i)(3), printing and mailing of Notices of Violation, phone support for registered owners, hearing evidence packages, and public education under Obvio's LetsDriveSafer program. The Agreement structures compensation as a flat monthly fee per Operational Camera and expressly warrants that compensation is not contingent on, and does not vary with, the number of citations issued or the amount of fine revenue collected, conforming to the flat -rate compensation requirements of C.R.S. Section 42-4-110.5(5) as amended by S.B. 26-152. Payment obligations are expressly contingent upon annual appropriation of funds by the City Council. The Agreement does not require the City to procure any camera or service on a minimum -volume commitment. FINANCIAL IMPLICATIONS: Compensation is a flat monthly fee per Operational Camera: $4,100 for fixed cameras and $6,000 for mobile cameras. Total program cost in any fiscal year will depend on the number of cameras deployed. Payment obligations are contingent upon annual appropriation by City Council. Civil penalty revenue collected under the AVIS speed enforcement program is expected to substantially offset program costs over the Initial Term. Postage reimbursement is at cost if Obvio mails citations on the City's behalf. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Formal stakeholder engagement, including a public hearing before City Council, will occur during the two -reading ordinance adoption process required by Charter Section 3-19. ALTERNATIVES: If this Ordinance is not approved, the City will not have a vendor to provide the equipment, software, and back -office processing services required to operate the AVIS speed enforcement program authorized by new Section 15-1-25. The enabling ordinance and corridor designation ordinance would take effect without a vendor in place, and no Automated Vehicle Identification System could be deployed on the designated corridors until a vendor agreement is executed. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Background - Obvio Contract 2. Ordinance - Obvio Contract 3. Obvio - Speed Enforcement Agreement