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HomeMy WebLinkAbout2023 Ordinance No. 016 -1- ORDINANCE NO. 16 COUNCIL BILL NO. 09 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING A GRANT OF AN ELECTRIC GROUNDING FACILITIES EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE PUBLIC SERVICE COMPANY OF COLORADO. WHEREAS, in 1951, the Public Service Company was granted an easement by the City of Englewood to install an electric transmission line through what is now Belleview Park, as recorded in Book 705, Page 440, in Arapahoe County; and WHEREAS, the Public Service Company has upgraded the electric transmission line that runs through Belleview Park, and due to the upgrade, finds it necessary to install mitigation facilities around the ball field to protect against potential interaction between the fence and the transmission line (the “Mitigation Project”); and WHEREAS, as part of this Mitigation Project, Public Service Company requires an easement over three parcels located next to Whitaker Drive, depicted as Utility Easement A, B, and C as set forth on Exhibit A; and WHEREAS, with the passage of this Ordinance a utility easement that is a total of 2,686 square feet is hereby granted to the Public Service Company, for the Mitigation Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Grant of this utility easement to Public Service Company of Colorado, by the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The following general provisions and findings apply to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A -2- C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as remaining in force to sustain any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as to sustain any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through a referendum under the City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents per the terms thereof and this Ordinance. City staff is further authorized to take additional actions as necessary to implement this Ordinance's provisions. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on second reading, in identical form to the first reading, on the 3rd day of April, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed on second reading on the date indicated above; published beginning two days after passage on the City’s official DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A -3- website for at least thirty (30) days thereafter; and published once by Title in the City’s Official City Newspaper. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A