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Home My WebLink About2024 Ordinance No. 013 1 ORDINANCE COUNCIL BILL NO. 15 NO. 13 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER RUSSELL AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST, LLC, TB ANGELINE LLC, AND CENTENNIAL WATER AND SANITATION DISTRICT FOR THE MCLELLAN RESERVOIR DRAIN LINE RELOCATION. WHEREAS, three developers, Toll Southwest LLC (“Toll”), TB Angeline LLC (“TBAL”), and Evergreen-Mineral & Santa Fe, LLC (“Evergreen”), intend to develop the property on the southwest corner of S. Santa Fe Drive and W. Mineral Ave 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 to relocate and replace a portion of the Drain Line; and WHEREAS, the existing Drain Line is also equipped with an existing CWSD interconnection to a 48-inch water line, which can be utilized in emergencies to convey water to McLellan Reservoir, and requires reconstruction under the proposed relocation; 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 the Drain Line; and WHEREAS, various agreements between the City and the developers, and the City and CWSD are necessary to protect the Drain Line infrastructure and interconnect as these are critical for providing the City’s drinking water, including: i. Relinquishment and Grant of Easements (Drain Line) with Toll: This agreement will grant the City a new easement for the relocated Drain Line on Toll’s property and relinquish the City’s existing recorded Drain Line easement in this area; ii. Relinquishment and Grant of Easements (Drain Line) with TBAL: This agreement will grant the City a new easement for the relocated Drain Line on TBAL’s property and relinquish the City’s existing recorded Drain Line easement in this area; DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 2 iii. Contract for Construction CFC-24-066: This construction agreement includes the terms and conditions of the construction for the relocation of the Drain Line. The terms in the agreement outline Toll’s responsibility to furnish all labor and materials for the Drain Line relocation and outline the construction timing, ownership conveyance of the new Drain Line, and other general terms. The construction costs for relocating and piping the Drain Line in this area will be borne by Toll. The City will inspect the construction and provide final approval for the relocated Drain Line following construction; and iv. Interconnection Agreement with CWSD: This agreement with CWSD defines the ownership, maintenance responsibilities, and operation of the interconnection. CWSD will own and maintain the entire interconnection, and both entities will coordinate before its use. In addition, the agreement states that CWSD consents to the developer’s proposed work and holds the City harmless from any damages or claims resulting from the developer reconstructing the interconnect. This agreement is proposed to be approved in substantially the same form, as CWSD and the City are finalizing the agreement, and CWSD is planning on bringing it to their board for approval in late April; and WHEREAS, the Water and Sewer Board recommended City Council approve the agreements listed above during its April 9, 2024, meeting; and WHEREAS, the Department of Utilities seeks City Council approval of these agreements for the relocation and reconstruction of the McLellan Reservoir Drain Line. 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 the Relinquishment and Grant of Easements with Toll Southwest, LLC for the McLellan Reservoir Drain Line Relocation, 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 the Relinquishment and Grant of Easements with TB Angeline LLC for the McLellan Reservoir Drain Line Relocation, 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 Contract for Construction with Toll Southwest, LLC for the McLellan Reservoir Drain Line Relocation, 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 Interconnection Agreement with Centennial Water and Sanitation District, in the form substantially the same as that attached hereto as Exhibit D. Section 5. General Provisions Applicable to this Ordinance DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 3 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. 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 the authority to correct formatting and/or typographical errors discovered during codification. DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 4 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 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