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HomeMy WebLinkAbout2024 Ordinance No. 012 -1- BY AUTHORITY ORDINANCE NO. 12 COUNCIL BILL NO. 13 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING A CITY DITCH TEMPORARY CONSTRUCTION EASEMENT AND CITY DITCH CROSSING AND LICENSE AGREEMENT BETWEEN THE PUBLIC SERVICE COMPANY OF COLORADO (XCEL ENERGY) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Public Service Company of Colorado (“Xcel Energy”) has submitted a request for permission to install a new six-inch gas main beneath City Ditch near the location of the intersection of Prentice Avenue and South Prescott Street; and WHEREAS, to facilitate this project, Xcel Energy requires a City Ditch Temporary Construction Easement and City Ditch Crossing and License Agreement to complete this work within the City Ditch Right-of-Way; and WHEREAS, following a thorough review by the staff of the City’s Utilities Department, it has been determined that the proposed agreements will not result in any adverse operational impacts on City Ditch; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the City Ditch Temporary Construction Easement and City Ditch Crossing and License Agreement with Xcel Energy at their April 9, 2024 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Grant of this City Ditch Temporary Construction Easement to the Public Service Company of Colorado, by the City of Englewood, Colorado, in the form substantially the same as that attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Grant of this City Ditch Crossing and License Agreement to the Public Service Company of Colorado, by the City of Englewood, Colorado, in the form substantially the same as that attached hereto as Exhibit B, is hereby accepted and approved by the Englewood City Council Section 3. 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 DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 -2- 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. 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. DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 -3- Introduced and passed on first reading on the 15th day of April, 2024; and on second reading, in identical form to the first reading, on the 6th day of May, 2024. 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: D432D761-4FE8-442E-AD13-12DB321E1D06