The URL can be used to link to this page

Home My WebLink About2025 Ordinance No. 032 ORDINANCE NO. 32 COUNCIL BILL NO. 32 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING THREE AGREEMENTS WITH THE CITY OF LITTLETON AND ONE AGREEMENT WITH BNSF RAILWAY COMPANY FOR CONSTRUCTION OF REACH 3 OF THE CITY DITCH PIPING PROJECT. WHEREAS, the City of Englewood (“City”) owns and operates the City Ditch, a critical raw water conveyance facility that delivers water from Chatfield Reservoir to the Allen Water Treatment Plant for treatment and to various contract users along its route; and WHEREAS, as recommended in the 2020 Master Plan, the City initiated the City Ditch Piping Project to pipe the remaining 2.5 miles of open channel in order to improve raw water quality, enhance system capacity and resilience, reduce energy and operating costs, and enable year-round operation of the City Ditch; and WHEREAS, construction of Reach 3 of the City Ditch Piping Project requires access through property owned by the City of Littleton and within an existing permanent easement across property owned by BNSF Railway Company (“BNSF”); and WHEREAS, in order to facilitate construction of Reach 3, the City has negotiated three agreements with the City of Littleton: • a Temporary Construction Easement granting the City access to Littleton property for pipeline installation and construction staging; • a Relinquishment and Grant of Easements Agreement under which the City will relinquish the existing City Ditch easement and obtain a new permanent easement for the realigned pipeline alignment; and • a Quit Claim Deed conveying all remaining City Ditch infrastructure and the relinquished easement area within Reach 3 to Littleton following completion of the pipeline project; and WHEREAS, the City has also negotiated a Temporary Occupancy Permit with BNSF Railway Company, granting the City access to BNSF property to install the new City Ditch pipeline within the existing permanent easement and establishing insurance requirements and construction fees in the amount of $250,000, with approval to execute change orders up to an additional $50,000 contingency, for a total authorized expenditure of $300,000 for this permit; and WHEREAS, Utilities staff, in consultation with the City’s water rights attorneys and the City Attorney’s Office, have reviewed the above-described agreements and recommend their approval by City Council as necessary and in the best interest of the City Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 to ensure the timely and efficient completion of the Reach 3 construction phase of the City Ditch Piping Project; and WHEREAS, the Englewood Water and Sewer Board has recommended that the City Council approve said agreements and easements at its June 10, 2025 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Temporary Construction Easement with the City of Littleton, in substantially the same form as attached hereto and incorporated herein by this reference. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Relinquishment and Grant of Easements with the City of Littleton, in substantially the same form as attached hereto and incorporated herein by this reference. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the Quit Claim Deed with the City of Littleton, in substantially the same form as attached hereto and incorporated herein by this reference. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes the Temporary Occupancy Permit with BNSF Railway Company, in substantially the same form as attached hereto and incorporated herein by this reference. Section 5. 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. Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 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 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, 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 7th day of July, 2025; and on second reading, in identical form to the first reading, on the 21st 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 Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678 thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 67DF62EA-9CCF-4C19-93B8-DA19E25B5678