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HomeMy WebLinkAbout08210Reception 1845156 06/24/2010 03:01:36 PM Substituted Copy: June 14, 2010 ORDINANCE NO. 8210 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE BLACK HILLS ANNEXATION PHASE 2 AND DESCRIBED AS EAST OF BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31 -12 -104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition for Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: AREA TO BE ANNEXED: A parcel of land, located in the SE 1/4 of the SE 1/4 of Section 10, and the SW 1/4 of the SW 1/4 of Section 11, Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of N88 °01'15 "E, as measured between the W 1/4 Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1989, found in place, and the E 1/4 Corner of said Section 10, being marked on the ground by an original axle, found in place, said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, JR ENG LTD, 2000, 20' W.C. West, found in place; 1. thence along said East line of the SE 1/4 of said Section 10, N01 °21'33 "W, a distance of 660.03 feet, to a point, from where said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56 feet; 2. thence parallel to said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 330.19 feet; 3. thence parallel to said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of 660.03 feet, the a point on the South line of said SE 1/4 of Section 10, from where said Southeast Corner of Section 10 bears N88 °04'42 "E, a distance of 330.19 feet; 4. thence along said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 969.08 feet, to the accepted location of the E 1/16 Comer of said Section 10 and Section 15, said Township and Range, being marked on the ground by an original axle, found in place; 5. thence along the North -south centerline of said SE 1/4 of Section 10, N01 °25'38 "W, a distance of 1333.62 feet, to the SE 1/16 Comer of said Section 10; 6. thence along the East -west centerline of said SE 1/4 of Section 10, N88 °02'58 "E, a distance of 1300.85 feet, to the S 1/16 Corner of said Sections 10 and 11; 7. thence along the East -west centerline of said SW 1/4 of Section 11, N89 °01'08 "E, a distance of 1363.35 feet, to the SW 1/16 Comer of said Section 11; 8. thence along the North -south centerline of said SW 1/4 of Section 11, S00 °55'55 "E, a distance of 1331.14 feet, to the W 1/16 Corner of said Section 11 and Section 14, said Township and Range; 9. thence along the South line of Section 11, S88 °53'11 "W, a distance of 1353.40 feet; to the point of beginning. Said parcel contains 76.367 acres, more or less. PROPOSED NEW CITY LIMITS LINE: Beginning at a point on the South line of said SE 1/4 of Section 10, from where the Southeast Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, JR ENG LTD, 2000, 20' W.C. West, found in place, bears N88 °04'42 "E, a distance of 330.19 feet; 1. thence along said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 969.08 feet, to the accepted location of the E 1/16 Corner of said Section 10 and Section 15, said Township and Range, being marked on the ground by an original axle, found in place; 2. thence along the North -south centerline of said SE 1/4 of Section 10, N01 °25'38 "W, a distance of 1333.62 feet, to the SE 1/16 Corner of said Section 10; 3. thence along the East -west centerline of said SE 1/4 of Section 10, N88 °02'58 "E, a distance of 1300.85 feet, to the S 1/16 Corner of said Sections 10 and 11; 4. thence along the East -west centerline of said SW 1/4 of Section 11, N89 °01'08 "E, a distance of 1363.35 feet, to the SW 1/16 Corner of said Section 11; 5. thence along the North -south centerline of said SW 1/4 of Section 11, S00 °55'55 "E, a distance of 1331.14 feet, to the W 1/16 Corner of said Section 11 and Section 14, said Township and Range; 6. thence along the South line of Section 11, S88 °53'11' W, a distance of 1353.40 feet, to the point of terminus. SECTION 2. The owners of one hundred percent (100 %) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. The City Council of the City of Pueblo hereby finds, determines and declares that the health, safety and welfare of the People of Pueblo are dependent upon the attraction of new private enterprises; that incentives are often necessary to attract private enterprises; that providing such incentives stimulates economic development in the City of Pueblo and results in the creation and maintenance of new jobs; that the incentives offered to Petitioners Black Hills/ Colorado Electric Utility Company, LP and Black Hills Colorado IPP, LLC (collectively, "Petitioner ") to annex their properties to the City of Pueblo, Colorado set forth and contained in the Annexation Agreement are in the best interest of the City of Pueblo and its citizens and will promote the public health, safety and welfare; that such incentives and annexation will increase the City's tax base, the availability of electric energy for use within the City, and the opportunities for employment for the citizens of the City of Pueblo; and that such incentives and annexation will further the economic development of the City of Pueblo and provide funding for much needed and required infrastructure within the City of Pueblo. SECTION 5. Pursuant to Article XX of the State Constitution and the Charter of the City of Pueblo, the City Council of the City of Pueblo hereby finds, determines and declares that the incentives, economic and otherwise, granted to Petitioners pursuant to and under the Annexation Agreement to be local matters and all provisions of statutes of the State of Colorado which might be in conflict with such incentives are hereby superseded to the extent of any such conflict, and to the extent such provisions of the statutes of the State of Colorado are not in conflict with such incentives, the City of Pueblo chooses to apply such provisions. SECTION 6. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the City Clerk; (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 7. The officers of the City are hereby authorized and directed to take all other actions necessary or appropriate, on behalf of the City, to effectuate the provisions of this Ordinance and the Annexation Agreement. SECTION 8. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 9. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37-45 -136 (3.6). SECTION 10. This Ordinance shall become effective immediately upon final passage, but shall not become effective unless a fully signed Annexation Agreement is deposited by Petitioner on or before June 15, 2010 with the City Clerk. The annexation shall be effective for ad valorem tax purposes on and after January 1, 2011. INTRODUCED: May 10, 2010 BY: Chris Kaufman /COUNCILPERSON PASSED AND APPROVED: June 14, 2010 Substituted Copy: June 14, 2010 Background Paper for Proposed ORDINANCE DATE: MAY 10, 2010 AGENDA ITEM # R-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE BLACK HILLS ANNEXATION PHASE 2 AND DESCRIBED AS EAST OF BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall the City Council approve the proposed annexation of property that is located east of Baculite Mesa Road and north of Pete Jimenez Parkway? RECOMMENDATION The Planning and Zoning Commission, at their April 14, 2010 Regular Meeting, voted 6- 0to recommend approval. This Ordinance shall be approved upon final passage, but shall not become effective unless a fully signed Annexation Agreement is deposited on or before June 15, 2010. BACKGROUND Black Hills is requesting to annex a 257.32-acre site into the City to facilitate the construction of a new 380 megawatt natural gas power plant, which includes four gas fired turbines a switchyard and supporting facilities. The proposed annexation will be conducted in three-phases; Phase 2 will annex 76.367 acres. Black Hills currently purchases power from Xcel Energy; however their contract will end December 2011. Because of this the proposed power plant will provide power to service the Southern Colorado region. FINANCIAL IMPACT The City of Pueblo will be responsible for providing police and fire protection services to the property. In addition, the public roads will be maintained by the City of Pueblo once they have been constructed and accepted by the City.