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HomeMy WebLinkAbout2024 Ordinance No. 060 1 ORDINANCE COUNCIL BILL NO. 60 NO. 60 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON AN ORDINANCE AUTHORIZING AGREEMENTS AND EASEMENTS WITH SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT, TOLL SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF COLORADO AND TB ANGELINE LLC FOR UTILITY CROSSINGS OF THE MCLELLAN RESERVOIR DRAIN LINE WHEREAS, Toll Southwest LLC (“Toll”), TB Angeline LLC (“TBAL”), and Evergreen-Mineral & Santa Fe L.L.C.(Evergreen) plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S outh Santa Fe Drive and West Mineral Avenue in the City of Littleton for residential purposes; and WHEREAS, the City of Englewood (“City”) owns critical raw water infrastructure within the development area, 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 to the Centennial Water and Sanitation District (“CWSD”) under lease agreements; and WHEREAS, to accommodate the proposed developments and protect the City’s infrastructure, several utility crossings of the Drain Line are necessary to support water, irrigation, electrical, gas, and stormwater utilities required for the projects; and WHEREAS, the Southwest Metropolitan Water and Sanitation District (“SMWSD”), Public Service Company of Colorado (“Xcel Energy”), Toll and TBAL have requested the following agreements and easements for these utility crossings: Utility Crossing Agreements with Southwest Metropolitan Water and Sanitation District (SMWSD): 1. McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 4 – 8” Waterline with SMWSD: This agreement between SMWSD and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” waterline crossing under Drain Line at Chestnut Avenue and Lowell Street. 2. McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 11 – 16” Waterline with SMWSD: This agreement between SMWSD and the City defines the terms and conditions of the utility crossing of Drain Line for a 16” waterline crossing above Drain Line along South Platte River Parkway. 3. McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 18 – 8” Waterline with SMWSD: This agreement Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 2 between SMWSD and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” waterline crossing Drain Line to the East of South Platte River Parkway. Utility Crossing Agreements and Temporary Construction Easements with Toll Southwest LLC (Toll): 4. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 4 – 8” Waterline with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” waterline crossing under Drain Line at Chestnut Avenue and Lowell Street. 5. Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 4B – 2” Irrigation with Toll: This agreement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a 2” irrigation line crossing Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. 6. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 4B – 2” Irrigation Line with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a 2” irrigation line crossing Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. 7. Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 5 – Private Electrical Line with Toll: This agreement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. 8. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 5 – Private Electrical Line with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. 9. Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 6 – Private Electrical Line with Toll: This agreement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. 10. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 6 – Private Electrical Line with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line to the West of the intersection of Chestnut Avenue and South Platte River Parkway. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 3 11. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 11 – 16” Waterline with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a 16” waterline crossing above Drain Line along South Platte River Parkway. 12. Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 17 – Private Electrical Line with Toll: This agreement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line along South Platte River Parkway. 13. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 17 – Private Electrical Line with Toll: This temporary construction easement between Toll and the City defines the terms and conditions of the utility crossing of Drain Line for a private electrical line crossing above Drain Line along South Platte River Parkway. Utility Crossing Agreements and Temporary Construction Easements with the Public Service Company of Colorado (Xcel Energy): 14. McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 1: This crossing agreement with Xcel Energy includes the terms and conditions of the existing utility crossing of Drain Line. It allows for a three-phase electrical line to cross in an underground bore. 15. McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 3: This crossing agreement with Xcel Energy includes the terms and conditions of the utility crossing of Drain Line. It allows for two six-inch gas lines to cross in an underground bore at the intersection of Chestnut Avenue and Lowell Street. 16. McLellan Drain Line Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 3: This temporary construction easement with Xcel Energy includes the terms and conditions of the utility crossing of Drain Line. It allows for two six-inch gas lines to cross in an underground bore at the intersection of Chestnut Avenue and Lowell Street. 17. McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 25: This crossing agreement with Xcel Energy includes the terms and conditions of the utility crossing of Drain Line. It allows for one six-inch gas line and one two-inch gas line to cross in an underground bore along South Platte River Parkway. 18. McLellan Drain Line Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 25: This temporary construction easement with Xcel Energy includes the terms and conditions of the utility crossing of Drain Line. It allows for one six-inch gas line and one two-inch gas line to cross in an underground bore along South Platte River Parkway. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 4 Utility Crossing Agreements and Temporary Construction Easements with TB Angeline LLC (TBAL): 19. McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 14 – 24” Storm Drain with TBAL: This agreement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for a 24” storm drain line crossing below Drain Line to the East of South Platte River Parkway. 20. McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 14 – 24” Storm Drain with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for a 24” storm drain line crossing below Drain Line to the East of South Platte River Parkway. 21. Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 18 – 8” Waterline with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” waterline crossing above Drain Line to the East of South Platte River Parkway. 22. McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 20 – 8” Landscape Drain with TBAL: This agreement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” landscape drain crossing above Drain Line to the East of South Platte River Parkway. 23. McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 20 – 8” Landscape Drain with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” landscape drain crossing above Drain Line to the East of South Platte River Parkway. 24. McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 21 – 8” Sanitary Line with TBAL: This agreement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” sanitary crossing above Drain Line to the East of South Platte River Parkway. 25. McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 21 – 8” Sanitary Line with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for an 8” sanitary crossing above Drain Line to the East of South Platte River Parkway. 26. McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 22 – 2” Domestic Water Service Line with TBAL: This agreement between TBAL and the City defines the terms and conditions of the Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 5 utility crossing of Drain Line for a 2” domestic water service line above Drain Line to the East of South Platte River Parkway. 27. McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 22 – 2” Domestic Water Service Line with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for a 2” domestic water service crossing above Drain Line to the East of South Platte River Parkway. 28. McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 23 – 6” Fire Service Line with TBAL: This agreement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for a 6” fire service line above Drain Line to the East of South Platte River Parkway. 29. McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 23 – 6” Fire Service Line with TBAL: This temporary construction easement between TBAL and the City defines the terms and conditions of the utility crossing of Drain Line for a 6” fire service line crossing above Drain Line to the East of South Platte River Parkway. WHEREAS, these agreements and easements include specific terms to ensure the structural integrity and operational reliability of the Drain Line while facilitating development; and WHEREAS, the City’s Water and Sewer Board recommended approval of these agreements at its November 12, 2024, meeting, and the Department of Utilities concurs with this recommendation; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, C.R.S., authorize intergovernmental agreements and cooperation among public entities, including those proposed here with SMSWD. 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 McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 4 – 8” Waterline with SMWSD, 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 McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 11 – 16” Waterline with SMWSD, 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 of McLellan Reservoir Drain Line Crossing Agreement – Santa Fe Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 6 Park Development, Crossing # 18 – 8” Waterline with SMWSD, in the form substantially the same as that attached hereto. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 4 – 8” Waterline with Toll, in the form substantially the same as that attached hereto. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 4B – 2” Irrigation with Toll, in the form substantially the same as that attached hereto. Section 6. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 4B – 2” Irrigation Line with Toll, in the form substantially the same as that attached hereto. Section 7. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 5 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Section 8. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 5 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Section 9. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 6 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Section 10. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 6 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Section 11. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 11 – 16” Waterline with Toll, in the form substantially the same as that attached hereto. Section 12. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Crossing Agreement – Santa Fe Park Development, Crossing # 17 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 7 Section 13. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 17 – Private Electrical Line with Toll, in the form substantially the same as that attached hereto. Section 14. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 1, in the form substantially the same as that attached hereto. Section 15. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 3, in the form substantially the same as that attached hereto. Section 16. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 3 , in the form substantially the same as that attached hereto. Section 17. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 25, in the form substantially the same as that attached hereto. Section 18. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) for Crossing # 25, in the form substantially the same as that attached hereto. Section 19. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 14 – 24” Storm Drain with TBAL, in the form substantially the same as that attached hereto. Section 20. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 14 – 24” Storm Drain with TBAL, in the form substantially the same as that attached hereto. Section 21. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 18 – 8” Waterline with TBAL, in the form substantially the same as that attached hereto. Section 22. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 8 Agreement – Santa Fe Park Development, Crossing # 20 – 8” Landscape Drain with TBAL, in the form substantially the same as that attached hereto. Section 23. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 20 – 8” Landscape Drain with TBAL, in the form substantially the same as that attached hereto. Section 24. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 21 – 8” Sanitary Line with TBAL, in the form substantially the same as that attached hereto. Section 25. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 21 – 8” Sanitary Line with TBAL, in the form substantially the same as that attached hereto. Section 26. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 22 – 2” Domestic Water Service Line with TBAL, in the form substantially the same as that attached hereto. Section 27. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 22 – 2” Domestic Water Service Line with TBAL, in the form substantially the same as that attached hereto. Section 28. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Crossing and License Agreement – Santa Fe Park Development, Crossing # 23 – 6” Fire Service Line with TBAL, in the form substantially the same as that attached hereto. Section 29. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the McLellan Drain Line Temporary Construction Easement – Santa Fe Park Development, Crossing # 23 – 6” Fire Service Line with TBAL, in the form substantially the same as that attached hereto. Section 30. 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: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 9 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. Docusign Envelope ID: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306 10 Introduced and passed on first reading on the 18th day of November, 2024; and on second reading, in identical form to the first reading, on the 16th day of December, 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: 9C4F8DF3-BAA5-4E97-B397-04F533E8F306