HomeMy WebLinkAbout2025 Ordinance No. 033
ORDINANCE NO. 33 COUNCIL BILL NO. 33
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AUTHORIZING FOUR (4) TEMPORARY CONSTRUCTION
AGREEMENTS AND FOUR (4) CITY DITCH CROSSING AGREEMENTS
WITH PUBLIC SERVICE COMPANY OF COLORADO (XCEL ENERGY) FOR
UTILITY CROSSINGS OF THE CITY DITCH.
WHEREAS, the City of Englewood (“City”) owns and operates the City Ditch,
which conveys raw water from Chatfield Reservoir to the Allen Water Treatment Plant and
delivers raw water to contract users; and
WHEREAS, the City has initiated the City Ditch Piping Project as recommended
in the 2020 Master Plan to improve water quality, increase system capacity, enhance
system resilience, reduce operating costs, and ensure year-round operation of the City
Ditch; and
WHEREAS, the City has coordinated with Public Service Company of Colorado
(“Xcel Energy”) regarding the relocation of existing gas lines and installation of new gas
line crossings in order to accommodate construction of the City Ditch Piping Project and to
support the Santa Fe Park development; and
WHEREAS, Xcel Energy has requested permission to cross the City Ditch in
multiple locations within the City of Littleton, Colorado, and to access the City’s easement
during construction activities; and
WHEREAS, the City has negotiated and reviewed, in consultation with its water
rights attorneys and the City Attorney’s Office, a total of eight (8) agreements and
easements with Xcel Energy, including four (4) Crossing and License Agreements and four
(4) Temporary Construction Easements, which will protect the City’s raw water
infrastructure and ensure proper coordination during construction; 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 City Ditch Crossing and License Agreement with Public Service Company
of Colorado (Xcel Energy) for the crossing at West Prentice Avenue and West Prescott
Street, in substantially the same form as attached hereto and incorporated herein by this
reference.
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Section 2. The City Council of the City of Englewood, Colorado hereby
authorizes the City Ditch Crossing and License Agreement with Public Service Company
of Colorado (Xcel Energy) for the crossing at West Powers Avenue, 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 City Ditch Crossing and License Agreement with Public Service Company
of Colorado (Xcel Energy) for the crossing at the northeast corner of the Wolhurst
property, 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 City Ditch Crossing and License Agreement with Public Service Company
of Colorado (Xcel Energy) for the crossing at the south end of the Wolhurst property, in
substantially the same form as attached hereto and incorporated herein by this reference.
Section 5. The City Council of the City of Englewood, Colorado hereby
authorizes the City Ditch Temporary Construction Easement with Public Service
Company of Colorado (Xcel Energy) for the crossing at West Prentice Avenue and West
Prescott Street, in substantially the same form as attached hereto and incorporated herein
by this reference.
Section 6. The City Council of the City of Englewood, Colorado hereby
authorizes the City Ditch Temporary Construction Easement with Public Service
Company of Colorado (Xcel Energy) for the crossing at West Powers Avenue, in
substantially the same form as attached hereto and incorporated herein by this reference.
Section 7. The City Council of the City of Englewood, Colorado hereby
authorizes the City Ditch Temporary Construction Easement with Public Service
Company of Colorado (Xcel Energy) for the crossing at the northeast corner of the
Wolhurst property, in substantially the same form as attached hereto and incorporated
herein by this reference.
Section 8. The City Council of the City of Englewood, Colorado hereby
authorizes the City Ditch Temporary Construction Easement with Public Service
Company of Colorado (Xcel Energy) for the crossing at the south end of the Wolhurst
property, in substantially the same form as attached hereto and incorporated herein by
this reference.
Section 9. 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.
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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 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.
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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
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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