The URL can be used to link to this page

Home My WebLink About2024 Ordinance No. 021 1 ORDINANCE COUNCIL BILL NO. 22 NO. 21 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER WARD AN ORDINANCE AUTHORIZING AGREEMENTS BETWEEN EVERGREEN-MINERAL & SANTA FE, L.L.C. AND THE CITY OF ENGLEWOOD AND INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON FOR CITY DITCH RELOCATION AND UTILITY CROSSINGS. WHEREAS, Evergreen-Mineral & Santa Fe, L.L.C. (“Evergreen”) is one of two developers planning to develop the property 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 proposed for development, including the City Ditch, the McLellan Pump Station, and the McLellan Reservoir drain line (“Drain Line”), which convey raw water to the City for drinking water and leased water to the Centennial Water and Sanitation District (“CWSD”); and WHEREAS, the City of Littleton (“Littleton”) and Evergreen are proposing to cross the City Ditch with other utilities and to complete aboveground improvements that overlap the City Ditch in the area adjacent to Evergreen’s development project to facilitate the development; and WHEREAS, accommodate the proposed development and achieve improvements to the City’s infrastructure, Evergreen has proposed the relocation of the City Ditch to align with the existing open channel that the City intends to pipe as part of the City Ditch Piping Project; and WHEREAS, certain agreements between the City and Evergreen, as well as between the City and Littleton, are necessary to protect the City Ditch infrastructure, including: City Ditch Relocation Agreements: i. Relinquishment and Grant of Easements (City Ditch): This agreement will grant the City a new easement for the relocated City Ditch on Evergreen’s property. It will relinquish the City’s existing prescriptive (unrecorded) and recorded City Ditch easements on Evergreen’s property. ii. Contract for Construction CFC-24-135: This construction agreement includes the terms and conditions for the relocation and piping of City Ditch on Evergreen’s property. The terms in the agreement outline Evergreen’s responsibility to furnish Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 2 all labor and materials for the City Ditch relocation to City of Englewood Standards, as well as outline the construction timing, ownership conveyance of the piped ditch, and other general terms. City Ditch Crossing Agreements: iii. City Ditch Crossing Agreement – Littleton Nichols Avenue Roadway Improvements: The proposed agreement between Littleton and the City defines the terms and conditions for the permanent utility crossing and surface improvements over the City Ditch easement at the proposed Nichols Avenue and Santa Fe Drive intersection. There will be at least seven feet of vertical separation between the buried utilities and the City Ditch. iv. Temporary Construction Easement for Littleton Nichols Avenue Roadway Improvements: This agreement permits Littleton’s contractor to access the City Ditch easement during construction and includes the terms and conditions necessary to protect City Ditch while the contractor places utility lines above the ditch and completes other aboveground improvements. Littleton will notify the City before beginning work, and Utilities staff will inspect the work as needed. v. City Ditch Crossing and License Agreement for Irrigation Line Crossing: The proposed agreement between Evergreen and the City defines the terms and conditions for the permanent crossing of the City Ditch with a proposed irrigation line. The City requires a minimum of 1.5 feet of vertical separation between other utilities and the City Ditch. There will be approximately 2.5 feet of vertical separation between the irrigation line and the City Ditch. vi. Temporary Construction Easement for Irrigation Line Crossing: This agreement permits Evergreen’s contractor to access the City Ditch easement during construction and includes the terms and conditions necessary to protect City Ditch while the contractor places the irrigation line above the ditch. Evergreen will notify the City before beginning work, and Utilities staff will inspect the work as needed; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements, such as those requested between the City and Littleton; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Water and Sewer Board recommended City Council approve the agreements listed above during its June 11, 2024 meeting; and Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 3 WHEREAS, the Department of Utilities seeks City Council approval of these agreements with Evergreen and Littleton for the relocation and piping of a portion of City Ditch and proposed utility crossings of the City Ditch 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), 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-24-135, 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 City Ditch Crossing Agreement – Littleton Nichols Avenue Roadway Improvements, 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 Temporary Construction Easement for Littleton Nichols Avenue Roadway Improvements, in the form substantially the same as that attached hereto as Exhibit D. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Crossing and License Agreement for Irrigation Line Crossing, in the form substantially the same as that attached hereto as Exhibit E. Section 6. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Temporary Construction Easement for Irrigation Line Crossing, in the form substantially the same as that attached hereto as Exhibit F. Section 7. 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: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 4 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. 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 17th day of June, 2024; and on second reading, in identical form to the first reading, on the 15th day of July, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk Docusign Envelope ID: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9 5 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: 0FC68E84-9D8F-418B-B325-82E6ECAFC0A9