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HomeMy WebLinkAbout7247 RESOLUTION NO. 7247 A RESOLUTION APPROVING AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT RELATING TO A FEASIBILITY STUDY FOR A NORTH/SOUTH AMTRAK ROUTE BETWEEN THE CITIES OF EL PASO, TEXAS AND DENVER, COLORADO THROUGH THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Amendment #1 to joint Powers Agreement Relating To A Feasibility Study For a North/South Amtrak Route Between The Cities of El Paso, Texas and Denver, Colorado through the City of Pueblo, a copy of which is incorporated herein, having been approved by the City Attorney as to form, is hereby approved, and the President of the City Council is authorized to execute Amendment #1 To Joint Powers Agreement in the name of the City. INTRODUCED October 25 , 1993 By HOWARD WHITLOCK Councilperson ATTEST: City of Pueblo OFFICE OF THE CITY MANAGER April 14, 1993 Mr. Louis Medrano, Secretary New Mexico State Highway & Transportation Department General Office P.O. Box 1149 Santa Fe, New Mexico 87504-1149 Dear Mr. Medrano: Please accept this letter as the formal commitment by the City of Pueblo for our support and involvement in the feasibility study for the proposed new AMTRAK Route. The commitment is formally contained in the attached copy of the resolution decided by the Pueblo City Council at their regular meeting of April 12, 1993. The City of Pueblo agrees to provide $5,000.00 toward the cost of the study. The check will be sent to your office under separate cover. The City Council, in the same resolution, has designated myself, as the City Manager, to be its representative to the steering/selection committee for the feasibility study. We look forward to working with you in this project. If we can provide any further assistance in this matter, please contact our office. Sincerely, City Manager LQ51/gld Exhibit I P.O, Box 1427 Pueblo, Colorado 81002-1427 (719)584-0800 AMENDMENT #1 TO JOINT POWERS AGREEMENT This amendment is to an existing joint powers agreement between the New Mexico State Highway and Transportation Department, herein referred to as "Department", the State of Colorado, herein referred to as "Colorado", the State of Texas, herein referred to as "Texas", the City of Denver, herein referred to as "Denver", the City of Trinidad, herein referred to as "Trinidad", the City of Colorado Springs, herein referred to as "Colorado Springs", the City of Albuquerque, herein referred to as "Albuquerque", and City of Las Cruces, herein referred to as "Las Cruces" RECITALS WHEREAS, the parties entered into the above referenced Agreement pursuant to the New Mexico Joint powers Agreement Act, NMSA 1978, Sections 11-1-1 to 11-1-7, as amended; Sections 43-1-105 and 29-1-203, Colorado Revised Statues; and 23 U.S.C. Sections 101, 106, 109, 110, 113, 114, 204, 205, 308, and 402; WHEREAS the purpose of the Agreement is to conduct a feasibility study for a north/south Amtrak route between the cities of E1 Paso, Texas and Denver, Colorado, through the cities of Las Vegas, Albuquerque, Las Vegas, and Raton, New Mexico, and the cities of Trinidad and Pueblo, Colorado, such study shall include crossing impact on the highways along the route; if moneys allow, the feasibility study may include, but is not required to include, extending the route through Wyomil'~g and Montana to the Canadian Boarder; and WHEREAS Section Eleven of the Agreement provides for amendment to the Agreement by written instrument. NOW THEREFOR, the parties mutually agree as follows: (A) The City of Pueblo, Colorado and the City of E1 Paso, Texas shall each be made a party to the above referenced Agreement. B) The City of Pueblo, shall: 1. Provide a maximum of five Thousand dollars ($5,000) in funds to conduct the feasibility study. These funds to be paid to the Department upon execution of this Agreement. 2. Assist the Department in conductin~ the feasibility study. 3. Assign a representative to serve on the Consultant Selection Committee. 4. Provide timely reviews and input to the Selection Committee. 5. To the extent permitted by law, obtain right of entry onto private and public lands for survey and design purposes, provided that this does not require PUEBLO to purchase right-of-way. 6. Provide a letter of commitment for the project which commits PUEBLO to funding specified in section 1. This shall be attached as Exhibit I. 7. Agree to abide by all the terms and conditions of the original Agreement. (C) All other terms and conditions of the original Agreement shall remain and be the same as set forth therein, except as expressly modified by this Agreement. This Agreement shall not become effective until approved by the Secretary of the New Mexico State Highway and Transportation Department. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below specified. NEW MEXICO STATE HIGHWAY AND CITY OF LAS CRUCES TRANSPORTATION DEPARTMENT By: By: Louis J. Medrano, Secretar~ Date: Date: Approved as to form only by the DEPARTMENT'S Office CITY OF ALBUQUERQUE New Mexico Department of Finance and Administration Date: By: STATE OF COLORADO STATE OF COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF TRANS. DEVEL. By: By: Executive Director Director Date: Date: STATE OF COLORADO ATTEST: ASST. ATTORNEY GENERAL, NATURAL RESOURCES SECTION By: Chief Clerk State of C61orado By: Date: Date: APPROVED: CITY OF COLORADO SPRINGS By: State Coneroller By: State of Colorado Date: Date: CITY OF TRINIDAD CITY OF PUEBLO By:: By: Date: Date: CITY AND COUNTY OF DENVER RECOMMENDED AND APPROVED: By: By: i,~ayor [IXanager of Public Works Date: Date: ATTEST: By: Deputy Hanager of Public Works for Transportation ARIE P. TAYLOR, Clerk and Date: Recorder, Ex-Officio Clerk of the City and County of Denver APPROVED AS TO FORI.I: REGISTERED AND COUNTERSIGI'IED DANIEL E. MUSE, Attorney for the City and County of Denver By: Auditor Contract Control No GO-10059(1) By: Assistant City Attorney CITY OF TRINIDAD CITY OF PUEBLO Date: Date: /D/~9 ~ ~ Executed by the State's Chief Executive Officer in accordance with the provisions established in Article IV, Section 10, Texas Constitution. STATE OF TEXAS Recommended for Execution By: By: Ann W. Richards, Governor Arnold Oliver, P.E. Exec. Dir TexDOT Date Date: