The URL can be used to link to this page

Home My WebLink About2025 Ordinance No. 029 ORDINANCE NO. 29 COUNCIL BILL NO. 30 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING MULTIPLE CITY DITCH CROSSING LICENSE AGREEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR DRY UTILITIES TO COMCAST OF COLORADO IX, LLC AND THE PUBLIC SERVICE COMPANY OF COLORADO (XCEL ENERGY) FOR THE RIVERPARK DEVELOPMENT IN LITTLETON, COLORADO. WHEREAS, Comcast of Colorado IX, LLC (“Comcast”) and Public Service Company of Colorado (“Xcel Energy”) have requested approval to install and maintain dry utility lines, including cable and electrical infrastructure, across a portion of the City of Englewood’s right-of-way for the City Ditch in order to provide services at the Riverpark development at the southwest corner of West Mineral Avenue and South Santa Fe Drive in Littleton, Colorado; and WHEREAS, the City Ditch right-of-way is located at multiple locations within the Riverpark development at the southwest corner of West Mineral Avenue and South Santa Fe Drive in Littleton, Colorado; and WHEREAS, the Comcast installation involves a dry utility crossing at 7500 South Platte River Parkway near the intersection of West Mineral Avenue and South Santa Fe Drive, to serve the Riverpark development; and WHEREAS, the Xcel Energy installations include (1) a three-phase electrical line with an underground bore across the City Ditch right-of-way at the intersection of West Platte River Parkway and West Mineral Avenue, and (2) a single-phase electrical line with an underground bore at the intersection of West Platte River Parkway and the street to be known as Nichols Street; and WHEREAS, Comcast and Xcel Energy shall each assume full responsibility and liability for any and all damage to persons or property arising from or related to their installation, maintenance, operation, or use of their respective crossings; and WHEREAS, the City of Englewood will retain full ownership and use of the City Ditch right-of-way, including the right to operate, maintain, repair, replace, remove, and improve the City Ditch and all associated appurtenances; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the License Agreements and Temporary Construction Easements at its May 13, 2025, meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Docusign Envelope ID: 6D612D56-6492-4C03-B574-AA2CECA19BD2 Section 1. The City Council hereby authorizes the “City Ditch Crossing License” Agreement and “Temporary Construction Easement” Agreement to Comcast of Colorado IX, LLC at 7500 South Platte River Parkway near West Mineral Avenue and South Santa Fe Drive, in substantially the same forms as attached hereto and incorporated herein by this reference. Section 2. The City Council hereby authorizes the “City Ditch Crossing License” Agreement and “Temporary Construction Easement” Agreement to Public Service Company of Colorado (Xcel Energy) for the crossing at the intersection of West Platte River Parkway and West Mineral Avenue, in substantially the same forms as attached hereto and incorporated herein by this reference. Section 3. The City Council hereby authorizes the “City Ditch Crossing License” Agreement and “Temporary Construction Easement” Agreement to Public Service Company of Colorado (Xcel Energy) for the crossing at the intersection of West Platte River Parkway and the future Nichols Street, in substantially the same forms as attached hereto and incorporated herein by this reference. Section 4. General Provisions. 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 Docusign Envelope ID: 6D612D56-6492-4C03-B574-AA2CECA19BD2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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. 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 19th day of May, 2025; and on second reading, in identical form to the first reading, on the 7th day of July, 2025. 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: 6D612D56-6492-4C03-B574-AA2CECA19BD2