HomeMy WebLinkAbout2024 Ordinance No. 034
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ORDINANCE COUNCIL BILL NO. 36
NO. 34 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER ANDERSON
AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL
SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF
COLORADO, TB ANGELINE LLC AND AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD AND SOUTHWEST METROPOLITAN
WATER AND SANITATION DISTRICT FOR UTILITY
CROSSINGS OF CITY DITCH.
WHEREAS, Toll Southwest LLC (“Toll”) and TB Angeline LLC (“TBAL”) plan
to develop the River Park and the Santa Fe Park properties in the general area of the
southwest corner of S. Santa Fe Drive and W. Mineral Avenue in the City of Littleton for
residential purposes; and
WHEREAS, the City of Englewood (“City”) owns 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 Southwest Metropolitan Water and Sanitation District
(“SMWSD”), and the Public Service Company of Colorado (“Xcel Energy”) propose to
cross the City Ditch with utility crossings in areas adjacent to the development to
facilitate the project; and
WHEREAS, to accommodate the proposed development and enhance the City’s
infrastructure, TBAL has proposed relocating a portion of the City Ditch to align with an
existing open channel that the City plans to pipe as part of the City Ditch Piping Project;
and
WHEREAS, the following agreements are necessary to protect the City Ditch
infrastructure and the McLellan Pump Station property, including:
Crossing and License Agreements with SMWSD:
1. City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12-
inch Waterline: This agreement defines the terms and conditions for the utility
crossing of City Ditch by a 12-inch waterline crossing under City Ditch at Santa
Fe and West Phillips Avenue. Toll will pay the construction costs for this
crossing.
2. City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16-
inch Waterline: Rhis agreement outlines the terms and conditions for the utility
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crossing of the City Ditch by a 16-inch waterline near the southern end of the
property at Santa Fe. Toll will also cover the construction costs for this crossing.
Temporary Construction Easements with Toll:
1. City Ditch Temporary Construction Easement for the Santa Fe Development,
Crossing # 1 – 12-inch Waterline: This easement specifies the terms and
conditions for the construction of a 12-inch waterline under the City Ditch at
Santa Fe and the proposed West Phillips Avenue.
2. City Ditch Temporary Construction Easement for the Santa Fe Development,
Crossing # 2 – 16-inch Waterline: This easement defines the terms and conditions
for the construction of a 16-inch waterline under the City Ditch near the southern
end of the property at Santa Fe.
City Ditch Crossing with the Xcel Energy:
1. City Ditch Crossing and License Agreement with Xcel Energy at Santa Fe and
Phillips Ave: This agreement permits the crossing of two electrical lines in two 6-
inch conduits across the City Ditch. Xcel Energy will fund and complete the
construction of this crossing.
2. City Ditch Temporary Construction Easement with Xcel Energy at Santa Fe and
Phillips Ave: This easement grants Xcel Energy construction access in the City
Ditch Easement area.
Englewood Relinquishment and Grant of Easement with TBAL:
1. City Ditch Relinquishment and Grant of Easement for Santa Fe Development for
Pump Station and City Ditch Maintenance: This agreement grants the City new
easements for City Ditch maintenance and access to the McLellan Pump Station
on TBAL's property, while relinquishing an adjacent easement. It also provides
the City with an access easement for future rehabilitation or expansion of the
McLellan Pump Station.
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. encourage and authorize
intergovernmental agreements, including those requested between the City and SMWSD;
and
WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments,
including the City and political subdivisions such as SMWSD, 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 that the City Council
approve the agreements listed above during its August 13, 2024 meeting; and
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WHEREAS, the Department of Utilities seeks City Council approval of these
agreements for the relinquishment and grant of an easement of a portion of City Ditch
and the 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 City Ditch Crossing and License Agreement, Crossing # 1 –
Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe
Development, 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 City Ditch Crossing and License Agreement, Crossing # 2 –
Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe
Development, 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 Temporary Construction Easement, Crossing # 1 –
Waterline with Toll Southwest LLC for the Santa Fe Development, 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 City Ditch Temporary Construction Easement, Crossing # 2 –
Waterline with Toll Southwest LLC for the Santa Fe Development, 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 with the Public
Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave, 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 City Ditch Temporary Construction Easement with the Public
Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave in the form
substantially the same as that attached hereto as Exhibit F.
Section 7. The City Council of the City of Englewood, Colorado hereby authorizes
execution by the City of the City Ditch Relinquishment and Grant of Easement with TB
Angeline LLC for Pump Station and City Ditch Maintenance in the form substantially the
same as that attached hereto as Exhibit G.
Section 8. 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
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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.
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.
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Introduced and passed on first reading on the 19th day of August, 2024; and on second
reading, in identical form to the first reading, on the 3rd day of September, 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
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