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HomeMy WebLinkAbout2023 Ordinance No. 054 1 ORDINANCE COUNCIL BILL NO. 59 NO. 54 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING A SERIES OF AGREEMENTS NECESSARY FOR A PLANNED DEVELOPMENT LOCATED AT 3570 SOUTH FEDERAL BOULEVARD IN THE CITY OF SHERIDAN, INCLUDING THE MCBROOM DITCH TEMPORARY CONSTRUCTION EASEMENT WITH BONSAI APARTMENTS LLLP, AN AMENDMENT TO THE INTERGOVERNMENTAL WASTEWATER CONNECTOR’S AGREEMENT BETWEEN THE SHERIDAN SANITATION DISTRICT NO. AND THE CITY OF ENGLEWOOD, COLORADO, AND CONSENTING TO A SEWER CONNECTION AGREEMENT TO ACCOMMODATE THE DEVELOPMENT. WHEREAS, staff for the Department of Utilities is seeking City Council to authorize approval of a series of agreements necessary for a planned development located at 3570 South Federal Boulevard in the City of Sheridan, including a temporary construction agreement with Bonsai Apartments LLLP for the installation of an eight- inch water main crossing under the existing McBroom Ditch, a carrier ditch that supplies water to the City of Englewood (City) and other shareholders, and Amendments to the Sheridan Sanitation District No. 1 Connector District Agreement and Sewer Connection Agreement to accommodate the proposed development; and WHEREAS, the McBroom Ditch is owned by the McBroom Ditch Company; and WHEREAS, the City is the president and major shareholder of the McBroom Ditch Company; and WHEREAS, per the McBroom Ditch Company Bylaws, the City operates and maintains the piped ditch; and WHEREAS, the McBroom Ditch overlaps with the property located at 3570 South Federal Boulevard in the City of Sheridan which Medici Consulting Group intends to develop for affordable apartments; and WHEREAS, the proposed development will be served by Denver Water, and the developer intends to install an eight-inch water main crossing the McBroom Ditch to reach the development; and WHEREAS, Medici Consulting Group seeks permission to install the pipeline within the McBroom Ditch Right-of-Way, which can be granted through a Temporary Construction Easement (Easement), establishing the terms and conditions for construction and providing temporary access to the McBroom Ditch Company’s easement; and DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 2 WHEREAS, the McBroom Ditch shareholders authorized the City to approve the Easement as president of the McBroom Ditch Company in a meeting on September 8, 2023, subject to the approval of the City’s Water and Sewer Board and City Council; and WHEREAS, due to the development within the area serviced by Sheridan Sanitation District No. 1, the District has requested a change to the service area included in the Connector Agreement and requested the City’s approval of a Sewer Connection Agreement between Sheridan Sanitation District No. 1 and Valley Sanitation District, consenting to the same increased service area; and WHEREAS, City staff has identified no negative operational impacts to the proposed alteration of the District’s service area; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Temporary Construction Easement, Amended Wastewater Connector’s Agreement and Sewer Connection Agreement. 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 a Temporary Construction Easement with Bonsai Apartment LLLP for the Installation of a Water Main Crossing The McBroom Ditch in the form substantially the same as that attached hereto. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Amendment to the Intergovernmental Wastewater Connector’s Agreement between the City of Sheridan and the City of Englewood, in the form substantially the same as that attached hereto. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City consenting to the Sewer Connection Agreement between Sheridan Sanitation District No. 1 and Valley Sanitation District, in the form substantially the same as that attached hereto. Section 4. 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. DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 3 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. C. 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. D. 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. E. 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. Introduced and passed on first reading on the 18th day of September, 2023; and on second reading, in identical form to the first reading, on the 2nd day of October, 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 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 DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B