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HomeMy WebLinkAbout09763 ORDINANCE NO. 9763 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO WITH RESPECT TO THE BIGHORN SOLAR 1 SOLAR PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the provisions of Section 18 of Article XIV of the Colorado Constitution, C.R.S. § 29-1-203 and C.R.S § 29-20-105 authorize and encourage Colorado local governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each local government including, but not limited to, the joint exercise of land use and permitting functions of mutual interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City and County have each approved a permit within their jurisdictional authority authorizing the development in an area of state interest (“1041 Permit”) pertaining to the Bighorn Solar 1 Solar Project, previously permitted as EVRAZ Solar Center Project, (“Project”). SECTION 2. The development of the Project including the land use approval and authorizing of building permits will overlap jurisdiction boundaries of the City and County that can be more efficiently completed and streamlined through an Intergovernmental Agreement (“IGA”). SECTION 3. It is necessary and appropriate for the City and County to enter into a written agreement setting forth their respective obligations and other terms and conditions for the approval of building permits and other land use actions for the Project. SECTION 4. In consideration of the foregoing recitals and the mutual covenants and promises contained herein, the parties agree that Pueblo County shall have the authority to approve and authorize the issuance of building permits to the Bighorn Solar 1 Solar Project in compliance with the Title 17 of the Pueblo County Code for the 120-foot wide strip of land, located with the Pueblo Municipal Boundary and legally described within the IGA. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance and IGA to implement the policies and procedures described therein. SECTION 6. This Ordinance shall become effective immediately upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 27, 2020 . Final adoption of Ordinance by City Council on August 10, 2020 . President of City Council Action by the Mayor: ☒ Approved on August 13, 2020 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 27, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO WITH RESPECT TO THE BIGHORN SOLAR 1 SOLAR PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an Intergovernmental Agreement (“IGA”) between the City of Pueblo and Pueblo County related to the construction of the Bighorn Solar 1 Solar Project. The IGA provides Pueblo County with the authority to approve and authorize the issuance of building permits pertaining to the solar installations that will be constructed across and within the City’s municipal boundary legally described within the IGA and shown on “Attachment A: Map Exhibit of Parcel Included in IGA”. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Coronal Energy submitted an application, in August 2018, for a proposed 240-megawatt (MW) solar energy generation facility (“EVRAZ Solar Project”) on approximately 3,522 acres through its project entity Steelworks Solar Center, LLC (formerly known as EVRAZ Solar Center, LLC). The proposed solar generation facility will be located north of Lime Road, extending north along the west side of the existing solar generation facility (located south-west of the Comanche Power Plant), and continuing north of the Xcel Comanche Power Plant. The City of Pueblo issued an Administrative Order, September 2018, authorizing construction of the solar generation facility across and within the 120-foot strip of land located within the Pueblo Municipal Boundary, west of the Xcel Comanche Power Plant. Steelworks Solar Center LLC was administratively dissolved on September 17, 2019 by a successor in interest to Coronal Energy, now known as Orsted Onshore DevCO, LLC. Orsted Onshore DevCO are no longer developing the solar project and has, pursuant to written agreements, sold, assigned, transferred, and consented to the transfer of the Administrative Approval to Bighorn Solar 1, LLC, a Delaware Limited Liability Company. The City of Pueblo issued Administrative Order Transfer, July 2020, authorizing the transfer of development rights to Lightsource BP for the completion of the Bighorn Solar 1 Solar Project. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If this Ordinance is not approved, Lightsource BP will have to duplicate land use approvals through the City and County resulting in additional time, effort, and expense related to coordinating development review of solar installations that will be located within and span the Pueblo Municipal Boundary. RECOMMENDATIONS: Approval of the Ordinance. Attachments: Attachment A: Map Exhibit of Parcel Included in IGA Proposed Ordinance Intergovernmental Agreement Regarding the Bighorn Solar 1 Solar Project Between the City of Pueblo, Colorado and Pueblo County, Colorado INTERGOVERNMENTAL AGREEMENT REGARDING THE BIGHORN SOLAR 1 SOLAR PROJECT BETWEEN THE CITY OF PUEBLO, COLORADO AND PUEBLO COUNTY, COLORADO THIS AGREEMENT is made and entered into as of A,A.4-ksi 10 , 2020 by and between Pueblo County (hereinafter referred to as the "County"), 215 West 10th Street, Pueblo, Colorado, and the City of Pueblo, a Municipal Corporation, (hereinafter referred to as the "City"), 1 City Hall Place, Pueblo, Colorado. WHEREAS,the provisions of Section 18 of Article XIV of the Colorado Constitution, C.R.S. § 29-1-203 and C.R.S. § 29-20-105 authorize and encourage Colorado local governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each local government including, but not limited to, the joint exercise of land use and permitting functions of mutual interest; and WHEREAS, the City and County have each approved a permit within their jurisdictional authority authorizing the development in an area of state interest("1041 Permit") pertaining to the Bighorn Solar 1 Solar Project,previously permitted as EVRAZ Solar Center Project,("Project');and WHEREAS,the development of the Project including the land use approval and authorizing of building permits will overlap jurisdiction boundaries of the City and County that can be more efficiently completed and streamlined through an Intergovernmental Agreement; and WHEREAS, it is necessary and appropriate for the City and County to enter into a written agreement setting forth their respective obligations and other terms and conditions for the approval of building permits and other land use actions for the Project. NOW,THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the parties agree as follows: I. APPROVAL AND AUTHORIZATION OF BUILDING PERMITS. Pueblo County shall have the authority to approve and authorize the issuance of building permits pertaining to the Bighorn Solar 1 Solar Project in compliance with the Title 17 ofthe Pueblo County Code for the following-described tract of land: A parcel of land located within the Southwest one-quarter of Section 17, the Southeast one- quarter of the Southeast one-quarter of the Southeast one-quarter of Section 18, and all of Section 19, Township 21 South, Range 64 West of the 6th Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: A parcel of land located within the North one-half of the Southeast one-quarter of Section 24, Township 21 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: -1- Beginning at a point on the Easterly Right of Way line of the Burlington Northern Santa Fe & Union Pacific Railroad, from which the Northwest corner(found monument is a 3 1/4" aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears N 61° 53' 06" E a distance of 7,563.05 feet; 1. Thence N 02°27' 37" E, along said Easterly Right of Way line (Existing City Limits Line), a distance of 262.08 feet; 2. Thence S 86°40' 20" E a distance of 95.40 feet; 3. Thence N 75°00' 00" E a distance of 425.00 feet; 4. Thence S 15°00' 00" E a distance of 190.00 feet; 5. Thence S 75°00' 00" W a distance of 484.76 feet; 6. Thence S 59°40' 02" W a distance of 113.48 feet to the Point of Beginning. Said Parcel contains 2.49 acres, more or less. TOGETHER WITH: Beginning at the Northwest corner(found monument is a 3 '/4" aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West; (Bearings are based on the North line of Section 20, Township 21 South, Range 64 West from the Northwest corner(found monument is a 3 '/4" aluminum cap, L.S. #33651) to the Northeast corner(found monument is a 3 1/4" aluminum cap, L.S. #33651)to bear S 89° 23' 07" E) 1. Thence N 83° 37' 14" W a distance of 347.58 feet; 2. Thence S 39° 23' 03" W a distance of 1,612.27 feet to the beginning of a tangent curve to the right having a radius of 1,720.00 feet; 3. Thence along the arc to a curve to the right, through a central angle of 26° 24' 11" a distance of 792.61 feet whose chord bears S 52° 35' 08" W a distance of 785.62 feet; 4. Thence S 65° 47' 14" W a distance of 3,230.26 feet to the beginning of a tangent curve to the right having a radius of 1,720.00 feet; 5. Thence along the arc to a curve to the right, through a central angle of 09° 12' 46"a distance of 276.56 feet whose chord bears S 70° 23' 37" W a distance of 276.27 feet; 6. Thence S 75° 00' 00" W a distance of 790.41 feet; 7. Thence N 15° 00' 00" W a distance of 30.00 feet; 8. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent curve to the left having a radius of 1,690.00 feet; 9. Thence along the arc of a curve to the left, through a central angle of 09° 12' 46" a distance of 271.74 feet whose chord bears N 70° 23' 37" E a distance of 271.45 feet; 10. Thence N 65°47' 14" E a distance of 1,300.00 feet; 11. Thence N 24° 12' 46" W a distance of 60.00 feet; 12. Thence S 65°47' 14" W a distance of 1,300.00 feet to the beginning of a tangent curve to the right having a radius of 1,630.00 feet; -2- 13. Thence along the arc of a curve to the right, through a central angle of 09° 12' 46" a distance of 262.09 feet whose chord bears S 70° 23' 37" W a distance of 261.81 feet; 14. Thence S 75°00' 00" W a distance of 790.41 feet; 15. Thence N 15° 00' 00" W a distance of 30.00 feet; 16. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent curve to the left having a radius of 1,600.00 feet; 17. Thence along the arc of a curve to the left, through a central angle of 09° 12' 46"a distance of 257.27 feet whose chord bears N 70° 23' 37" E a distance of 256.99 feet; 18. Thence N 65°47' 14" E a distance of 3,230.26 feet to the beginning of a tangent curve to the left having a radius of 1,600.00 feet; 19. Thence along the arc to a curve to the left, through a central angle of 26° 24' 11" a distance of 737.31 feet whose chord bears N 52° 35' 08" E a distance of 730.81 feet; 20. Thence N 39°23' 03" E a distance of 1,755.36 feet; 21. Thence S 50° 36' 57" E a distance of 120.00 feet; 22. Thence S 83° 37' 14" E, to a point on the East line of said Section 18, a distance of 263.60 feet; 23. Thence S 89° 23' 07" E, along a line parallel with the North line of said Section 20, a distance of 2,643.76 feet to a point on the West line of a 40.35 acre parcel of land as described in that Alta/Acsm Land Title Survey as prepared by Abel Engineering Professionals, Inc. on March 26, 2000 and filed with the County of Pueblo on April 26, 2000; 24. Thence S 00° 36' 53" W, along said West line of said 40.35 acre parcel, a distance of 120.00 feet to a point on said North line of Section 20; 25. Thence N 89° 23' 07" W, along said North line of Section 20, a distance of 2,649.80 feet to the Point of Beginning. Said Parcel contains 23.64 acres, more or less. TOGETHER WITH: A parcel of land located within the Southeast one-quarter of Section 24, Township 21 South, Range 65 West and within the Northwest one-quarter of Section 19, Township 21 South, Range 64 West of the 6`h Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the Burlington Northern Santa Fe & Union Pacific Railroad, from which the Northwest corner (found monument is a 3 '/4" aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears N 61° 53' 06" E a distance of 7,563.05 feet; (Bearings are based on the North line of Section 20, Township 21 South, Range 64 West from the Northwest corner(found monument is a 3 1/4" aluminum cap, L.S. #33651)to the Northeast corner(found monument is a 3 1/4" aluminum cap, L.S. #33651)to bear S 89° 23' 07" E) -3- 1. Thence N 59°40' 02" E a distance of 113.48 feet; 2. Thence N 75°00' 00" E a distance of 484.76 feet; 3. Thence N 15°00' 00" W a distance of 190.00 feet; 4. Thence S 75°00' 00" W a distance of 425.00 feet; 5. Thence N 86°40' 20" W a distance of 95.40 feet; 6. Thence N 75°00' 00" E a distance of 672.17 feet; 7. Thence S 15°00' 00" E a distance of 95.00 feet; 8. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent curve to the left having a radius of 1,630.00 feet; 9. Thence along the arc of a curve to the left, through a central angle of 09° 12' 46" a distance of 262.09 feet whose chord bears N 70° 23' 37" E a distance of 261.81 feet; 10. Thence N 65°47' 14" E a distance of 1,300.00 feet; 11. Thence S 24° 12' 46" E a distance of 60.00 feet; 12. Thence S 65°47' 14" W a distance of 1,300.00 feet to the beginning of a tangent curve to the right having a radius of 1,690.00 feet; 13. Thence along the arc of a curve to the right, through a central angle of 09° 12' 46" a distance of 271.74 feet whose chord bears S 70° 23' 37" W a distance of 271.45 feet; 14. Thence S 75°00' 00" W a distance of 790.41 feet; 15. Thence S 15°00' 00" E a distance of 95.00 feet; 16. Thence S 75°00' 00" W a distance of 750.80 feet to the Point of Beginning. Said Parcel contains 4.84 acres, more or less. II. OTHER APPLICABLE FEDERAL,STATE OR LOCAL LAWS OR REGULATIONS Any applicable federal, state or local laws or regulations including, but not limited to, a stormwater discharge permit from the Colorado Department of Public Health and Environment for any construction activity that disturbs at least one (I) acre of land shall be applied to the property located within unincorporated Pueblo County and those portions of the Project located within the City of Pueblo. III. TERM/TERMINATION. This Agreement shall commence 9/15/2020and shall terminate upon the termination, revocation or cancellation of the 1041 Permit by Pueblo County unless mutually extended by City and County. IV. THIRD-PARTY RIGHTS NOT CREATED. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, §24-10- 101 et sec.,C.R.S., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo, Pueblo County, or their officers, employees or agents. -4- V. OTHER. A. This Agreement constitutes the entire agreement between the parties,and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. B. This Agreement is intended to govern the agreement of the parties only with respect to the land use approval and authorizing of building permits for the Bighorn Solar 1 Solar Project. C. In the event this Agreement or any material provision hereof shall be declared to be invalid,unenforceable,or in violation of any applicable federal,state or local laws or regulations,the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. D. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of its provisions. E. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to the County: Pueblo County Attn: County Attorney 215 W. 10th Street Pueblo, CO 81003 Telephone: (719) 583-6630 If to the City: City of Pueblo Attn: Nicholas A. Gradisar, Mayor 1 City Hall Place, 2nd Floor Pueblo, CO 81003 Telephone: (719) 553-2655 With a copy to: Office of the City Attorney 1 City Hall Place, 3`d Floor Pueblo, CO 81003 Telephone: (719) 562-3899 -5- IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO COUNTY CITY OF PUEBLO, a Municipal Corporation By By 24;a41001ace2.406204....09, Garrison Ortiz Nicholas A. Gradisar Chairman, Board of County Mayor Commissione L/ Attest: �'- ' 411•�' 4da City Clerk Approved as to form: 4 City Attorney -6-