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Home My WebLink About2023 Ordinance No. 031 1 ORDINANCE COUNCIL BILL NO. 29 NO. 31 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER WARD AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST, LLC FOR CITY DITCH RELOCATION AND MCLELLAN PUMP STATION LAND DEDICATION. WHEREAS, Toll Southwest LLC (“Toll”) is one of two developers that intend to develop the property on the southwest corner of South Santa Fe Drive and West Mineral Avenue in the City of Littleton for residential and mixed-use purposes; and WHEREAS, the City of Englewood (“City)” has critical raw water infrastructure within the property sought to be developed, including the City Ditch, the McLellan Pump Station, and the McLellan Reservoir drain line (“drain line”) that conveys raw water to the City for drinking water and conveys leased water to the Centennial Water and Sanitation District (“CWSD”); and WHEREAS, to accomplish the needs of the proposed development and to achieve improvements to the City’s infrastructure, Toll has proposed a relocation of City Ditch to align with the existing open channel that the City intends to pipe as part of the City Ditch Piping Project and a land dedication to the City around the existing McLellan Pump Station for future expansion of that facility; and WHEREAS, City staff and third-party engineering consultants have reviewed the construction plans for the proposed development and verified that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch and the McLellan Pump Station; and WHEREAS, certain agreements between the City and Toll are necessary to protect the City Ditch infrastructure and McLellan Pump Station property as these are critical for providing the City’s drinking water, including: i. Relinquishment and Grant of Easements (City Ditch and Pump Station) with Toll Southwest, LLC for the relocation of City Ditch, which grants the City a new easement for the relocated City Ditch on Toll’s property, relinquishes the City’s existing prescriptive (unrecorded) City Ditch easement, and grants the City an access easement to the McLellan Pump Station on Toll’s property; ii. Contract for Construction 23-91 with Toll Southwest, LLC for the relocation of City Ditch, which includes the terms and conditions of the construction for the relocation and piping of City Ditch on the Toll property, outlines Toll’s responsibility to furnish all labor and materials for the City Ditch relocation, and addresses the ownership conveyance of the piped ditch; DocuSign Envelope ID: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0 2 iii. Amended and Restated Reciprocal Ditch Easement Agreement, which facilitates the connection between the piped sections of City Ditch between the Toll property and the second developer’s property, Evergreen-Mineral & Santa Fe, LLC; and iv. Agreement of Purchase and Sale with Toll Southwest, LLC for the dedication of land around the McLellan Pump Station for future rehabilitation and/or expansion of the facility; and WHEREAS, the Water and Sewer Board recommended City Council approve the agreements listed above during its June 13, 2023 meeting; and WHEREAS, the Department of Utilities seeks City Council approval of these agreements with Toll for the relocation and piping of a portion of City Ditch and land dedication around the McLellan Pump Station. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of Relinquishment and Grant of Easements (City Ditch and Pump Station, in the form substantially the same as that attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of Contract for Construction CFC-23-91, in the form substantially the same as that attached hereto as Exhibit B. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of Amended and Restated Reciprocal Ditch Easement Agreement, in the form substantially the same as that attached hereto as Exhibit C. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Agreement of Purchase and Sale, in the form substantially the same as that attached hereto as Exhibit D. Section 5. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable 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: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0 3 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 still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining 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 for 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 referendum pursuant to 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 in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance and has authority to correct formatting and/or typographical errors discovered during codification. 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 first reading on the 20th day of June, 2023; and on second reading, in identical form to the first reading, on the 17th day of July, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0 4 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 in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 86CB42ED-1EDF-450F-A643-6FC24F81FFB0