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HomeMy WebLinkAbout10135ORDINANCE NO. 10135 AN ORDINANCE APPROVING A STORMWATER FACILITY MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUBLIC SERVICE CO OF COLORADO, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ACCEPTING A RELATED EASEMENT AND RIGHT-OF- WAY FOR THE PURPOSE OF DRAINAGE DETENTION AND DRAINAGE UTILITIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Stormwater Facility Maintenance Agreement between Public Service Co of Colorado (“Developer”) and the City of Pueblo and (the “Agreement”), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said 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 2. Consistent with and related to the Agreement, Developer has granted an easement and right-of-way for drainage detention and drainage utilities to the City of Pueblo. The Easement and Right-of-Way granted, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 3. The City Clerk is directed to cause said Agreement and Easement and Right-of-Way to be both recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for same to be paid for by the Developer. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 14, 2022 . Final adoption of Ordinance by City Council on March 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on March 30, 2022 . □ 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: March 14, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Jeff Hawkins, Director of Stormwater SUBJECT: AN ORDINANCE APPROVING A STORMWATER FACILITY MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUBLIC SERVICE CO OF COLORADO, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ACCEPTING A RELATED EASEMENT AND RIGHT-OF- WAY FOR THE PURPOSE OF DRAINAGE DETENTION AND DRAINAGE UTILITIES SUMMARY: This Ordinance approves a Stormwater Facility Maintenance Agreement with the City of Pueblo and Public Service Co of Colorado and accepts an easement granted by Public Service Co of Colorado for the purpose of water quality. PREVIOUS COUNCIL ACTION: On September 23, 2019, Council passed Ordinance No. 9560, amending chapter 5 of title VII, chapters 4 and 6 of title XII, and chapter 12 of title XVI of the Pueblo Municipal code relating to needed amendments to meet the minimum requirements of the MS4 permit. . BACKGROUND: This parcel of real property located at 615 West Street, Pueblo, CO 81003 is required to have a water quality facility installed per the City of Pueblo’s MS4 permit requirements. This easement and Stormwater Facility Maintenance Agreement will provide assurances that the water quality facility continues to function properly. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Alternatives No. 1 – No action Under this alternative, the detention facility could still be built but there would be no legal assurance to prevent improvements from being built in the detention facility. Such improvements could hinder or prevent operation of the detention facility thus, potentially causing detrimental stormwater impacts to the properties and citizens downstream. Without the Stormwater Facility Maintenance and easement, the City of Pueblo would be in violation of the MS4 permit requirements regulated by the Colorado Department of Public Health & Environment. RECOMMENDATION: Approval of the Ordinance. Attachments: Stormwater Facility Maintenance Agreement DPW-110 (Easement) re: ORDINANCE 10135 Reception 2271883 04/07/2022 03:03:10 PM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of pt^ `c- /- .r‘) ,CL.) ►--e (--'-`7 a, Lt) t D,r'4-r} v (,Jsro t'"A.1.),.ti , an entity other than an individual, capable of holding title to real property (the"Entity"),tand states as follows: The name of the Entity is h-' U ' L— c U ILA- Co wni.4C a V-41)Co (state type of entity and state,country,or other governmental authority under whose laws such entity is formed) I The mailing address for the Entity is S-00L- r,V.er- ` U-vtr t The name or position of the person authorized to execute instruments conveying, encumbering, or other affecting title to real property on behalf of the Entity is: it & II, ',--e ‘ b i, C;1-- . The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: k) Jam_ (if no limitations,insert-None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters,leave this section blank) EXECUTED this day of J v P6..b Cyd er Dnn l . Signature: _ - i___ Name(typed or printed): IX L.. Zc:,L Title(if any): ,____6-t7,r- (244-( C2,Le ¢.;U,c-e S STATE OF AA,,0.,,/te,-,4,-,,k L.- ) ) ss. COUNTY OF 14e(i.vkLp;tt\.._ ) The forego'ng instrument w s /acknowledged before me this L( da of tit,,_ by ►'t , ii- (10c. UZ.. 6.__.0 (// / o_n behalf of P,_1.,(..,,. `fir'.w VA , a tL`JL.(7() C 0•"tillirlrSiJt- Witness my hand and official seal My commission expires: 01 -3 . I , „7„.. ' 1 « , It;_,,. „ . [ SEAL ] Notary Public DPW 116 f i 11 ; 1 ;;1 ,,;i i 02/07/02 a " Pry r ) ) _ 4 w >i re: Ordinance 10135 Reception 2271884 04/07/2022 03:03:10 PM STORMWATER FACILITY MAINTENANCE AGREEMENT This Stormwater Maintenance Agreement is entered into this 12th day ofocteber 2021,by and between Pueblo,a municipal corporation("the City") and Public Service Co of Colorado (the"Owner"), and collectively referred to as the"Parties". RECITALS WHEREAS,Owner owns certain real property located in the City of Pueblo legally described as follows: NE 1/4 of the NW 1/4 Section 36 Township 20 South,Range 65 West of the 6th Prime Meridian Commencing at the point of intersection of the west line of West Street and the north line of Sixth Street,also being the Southeast corner of Block 21 as shown on the recorded plat of the State Addition to the City of Pueblo;thence westerly along the north line of said W Sixth Street a distance of 212.53 feet more or less to the northeasterly property line of the Atchinson,Topeka and Santa Fe Railway Co,and the point of beginning of the metes and bounds of the traverse of land herein described;thence continuing westerly along the north line of said W Sixth Street a distance of 865 feet to a point 10 feet northeasterly from,measured at right angles to the centerline of said railway company's track No.110 a distance of 268.87 feet to a point;thence in a northwesterly direction at an angle of 38 degrees 24 minutes right from the north line of said W Sixth Street and parallel with the centerline of said railway company's track No.110 a distance of 268.87 feet to a point, thence in a southeasterly direction at an angle of 178 degrees 53 minutes right from the last described course produced along a straight line a distance of 275.70 feet to the point of beginning. Containing an area of 2.40 acres more or less. Lots 1-6,Block 21,State Addition and half vacated alley adjacent formerly 05-361-07-001 and 002. Containing an area of 0.78 acres more or less. • and more commonly known as 615 West Street Pueblo,Colorado 81003 (the"Property"); and WHEREAS,a Drainage Report and Plan("Plan")for the Property has been approved by the City subject to and conditioned upon faithful performance by Owner of all duties created by this Agreement;and WHEREAS, said Plan provides for stormwater management facilities including such facilities intended to reduce,detain,convey,and manage stormwater runoff and also water quality facilities(collectively referred to as"Facilities");and WHEREAS,the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner;and WHEREAS,the City requires that the Owners submit an Operation and Maintenance Manual ("O& M Manual")as specified by the City. NOW,THEREFORE, in consideration of the foregoing and mutual covenants contained herein,the sufficiency of which is mutually acknowledged,the Parties agree as follows: AGREEMENT I. The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and will remain in proper working condition in accordance with the approved 0&M Manual and other applicable legal requirements. Maintenance shall include, but not be limited to,routine landscaping, sediment removal,repair,reconstruction,or replacement of the Facilities as necessary to meet the requirements of this Agreement. 2. The maintenance of the Facilities shall be performed in accordance with the 0& M Manual for the Facilities. 2271384 04/07i'2022 03:03 10 PM • Poi 3 of 7 R 43.00 0 0.00 T 43.00 G!;bert Ortiz c;ierk/Renorder Puebla County, Co dilldrilli .14,4'I1TM' 1i ,i i,'v4141111,1'l Eti '6i ri I III 9. In the event the City,pursuant to this Agreement,performs work or expends any funds reasonably necessary for the maintenance or repair of the Facilities, including labor,equipment,supplies and materials, the Owner agrees to reimburse the City within thirty(30)days after the City gives the Owner written notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required herein, interest on such payment shall accrue at the rate of 1.5%per month until paid in full. 10. Any amount owed to the City and not paid within thirty(30)days of notification shall be the joint and several obligation of any owner of record of the Property or any portions thereof served by the Facilities and any successors in interest to such owner on the date such maintenance or repair was performed. I I. The Owner, its successors,and assigns shall indemnify and hold harmless the City, its officers,agents,and employees for any and all damages,accidents,casualties,occurrences or claims which might arise or be asserted against the City arising out of or resulting from the construction,presence,existence of maintenance or use of the Facilities.The Owner shall notify the City when the Owner transfers its interest in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed. 12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land,and shall be binding upon all present and subsequent owners,their administrators,executors, assigns,heirs,and any other successors in interest so long as they own an interest in the Property or any portion thereof served by the Facilities. 13. The Owner acknowledges that any future site plan,master plan,drainage plan or other process determined by the City to be a final plan,shall include the following language: "The property owner, its successors, and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations and Maintenance(0&M)Manual and all permanent Best Management Practices(BMPs). Requirements include, but are not limited to,installing the specified BMPs contained in the Drainage Report and Plan and maintaining the Facilities as shown in the 0&M Manual as approved by the City. If the Facilities are not properly maintained,the City may provide necessary maintenance and assess the cost to the Owner of the property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and recorded at the Pueblo County Clerk and Recorder's Office." 14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office. IS. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement,the prevailing party shall be entitled to its reasonable costs and attorney fees. [Remainder of this page left intentionally blank] 22.71884 04/07/2022 03:03:10 PM Page: 5 of 7 9 43.00 D 0.00 T 43.00 : Gilbert CrtizC:erk'Fecorcie!-, Pueblo County, o • 11E11■I■Jl ■I r! IltdI1,14 #1 1'/r11 •1.1, 4, !!II ACKNOWLEDGEMENT M (For a Corporation) State of ('V.v Ne,--o ) )ss County of 1r V ) Tl for going instrument was acknowledged before me thisIcday of L ..^3rse - ri 208-% by 1\4(-. ,J)4A1t of I\-O'`. L J' - • ,a+t i sre-kO corporation,on behalf of the corporation. 1 '' ]/1 [seal] ; ' .1 ,}7 Notary Publi! My Commission Expires: -4,,, ', [AL ', ;-V VICKY YANG t ,a,'. ' NOTARYPUBLIC-MINNESOTA -NY'& -; My Commission Expires `N - .r.." January 31,2023 2271884 04;07/2022 03:03:10 PM Page: 7 of 7 R 43.00 0 0.00 T 43.00 GI:bert Ortiz Clerk/?ecprder. Pueblo Cnurty, Co VIII llrl :r lF' IrrR 5.1.v POI lin II II Delegation of Authority to Act as Authorized Agent TO: Amy Schneider, Vice President, Corporate Secretary and Securities FROM: Darla Figoli, Executive Vice President Human Resources and Employees Services, Chief Human Resources Officer DATE: June 1, 2021 RE: DELEGATION OF AUTHORITY TO ACT AS AGENT In keeping with the need to conduct normal business in an expeditious manner, the following delegation of authority is provided: 1. This delegation of authority constitutes my authorization, effective October 15, 2015, as required by Company resolutions or bylaws to act on behalf of Public Service Company of Colorado (PSCo), Northern States Power Company-Minnesota (NSP-MN), Northern States Power Company- Wisconsin (NSP-WI), Southwestern Public Service Company (SPS) and Xcel Energy Services Inc. (XES) for matters related to real estate. 2. Matthew M. Boehlke, Director, Real Estate Services, is authorized to Act as an AGENT for PSCo, NSP-MN, NSP-WI, SPS and XES. Authority is granted to sign and execute agreements, contracts, deeds, license or permit applications, and other similar documents ("Agreements") in the name of PSCo, NSP-MN, NSP-WI, SPS and XES up to a value of$500,000.00. For Agreements greater than this amount or where the Agreement is not of a routine nature, the signature of the Officer is still required. 3. Provisions of this memo will expire December 31 , 2021. k Darla Figoli Executive Vice President, Human Resources and Employee Services Chief Human Resources Officer Distribution: Law Department (contract authority) Purchasing (purchase order authority) Accounts Payable (invoice payment authority) Corporate Secretary Department re: Ordinance 10135 Reception 2271885 04/07/2022 03:03:10 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASfENT,granted this 12th day of October 2021 by Public serums Co of Colorado ,Grantor,to Pueblo,a Municipal Corporation,Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration,paid by the Grantee, receipt of which is hereby acknowledged,Grantor hereby grants to Grantee, its successors and assigns,an easement and right of way for the purpose ofs'errooterot tyaodmao'ooaoepurposes in, through,over,under and across Grantor's property situated in Pueblo County,Colorado described in the attached Exhibit"A"(the "Property"). Grantor shall install 15'x55' sand filter (the "Facilities") in the Property in accordance with plans and specifications therefore approved by,and on file with Grantee,and,thereafter,Grantor shall maintain the Facilities in good working order and condition,and repair and replace the Facilities. Grantee shall have the right at its option(but not the obligation)to inspect,control,maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15%from the Grantor. For such purposes,Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,control,maintain,repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor(a)has good and sufficient right and title in and to the Property and full power to grant this easement and right-of-way,and(b)will defend Grantee's quiet and peaceful possession of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property. "Grantee"shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs,personal representatives,successors and assigns of the Grantor and Grantee. day of October 2021 SIGNED this 12th GRAN R: Ey: DPW 110 12/03/98 2271885 04/07/2022 03.03:10 pM Page: 3 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk1Recorder Pueblo Counts Co ACKNOWLEDGEMENT M (For a Corporation) State of 1' �'nk- )ss County of 1.t/LA, ►��� ) The foregoing instrument was acknowledged before me thisl' day of OC.atsh cS- ,2O t by 1' LSell UL. of P....hl `.1,c-A•4•12.. `- `t�� ,�� a corporation,on behalf of the corporation. 1f • [seal] C )7 Notary Public My Commission Expires: l VICKY YANG NOTARY PUBLIC•MINNESOTA "'3 �'� p My Commission Expires lanu,fry 31 2023 DPW 110 12/03/98 2271885 04/07./7022 03:03:10 PM Page: 5 cf 6 R 38.00 De 0.00 Ti 3800 Gi hart Ortiz Clerk/Reorder, Pueblo Count Co VIII FIcelliTYY114V,A1:41171:111 Kt), 111 Stormwater Maintenance Easement EXHIBIT A An easement for stormwater utility and maintenance purposes through a portion of the N 1/2 NE 1/4 of Section 36, Township 20 South, Range 65 West of the 6th Principal Meridian, in the City and County of Pueblo, State of Colorado, and more particularly described as follows: BEGINNING at the Southeast corner of Lot 6, Block 21, State Addition; Thence N89°52'19"W along the south line of said Lot 6 a distance of 22.00 feet; Thence N00°20'20"E departing said south line a distance of 90.00 feet; Thence S89°52'19"E a distance of 22.00 feet to a point on the east line of said Lot 6; Thence S00°20'20"W along said east line a distance of 90.00 feet to the POINT OF BEGINNING. Basis of bearing: No. 4 rebar to yellow cap on rebar, PLS No. 12933 at the Southeast corner of Block 20, State Addition. Assumed bearing S89°52'19"E a distance of 548.09 feet. Containing 1,980 square feet (0.045 Acres), more or less. Prepared b : `�o� o 1 AO'src��s' . � v v/ ,.I ' - • 22917 mss, ••'•�, %, LANA James V. Hastings, Colo. Licensed P.L.S. No. 22917 Anderson & Hastings Consultants, Inc. 7175 W. Jefferson Ave., Suite 4350 Lakewood, CO 80235 (720) 452-0520 ILLUSTRATION FOR EXHIBIT A BLOCK 20 MI Jo- BASIS OF BEARING: S89°52'1 9"E 548.09' S89°52'1 9"E ©� EAcc 421.25' SW CORNER SE CORNER OF m � OF BLOCK 20 BLOCK 20 E �«,, FOUND #4inrn FOUND YELLOW r.i Gto W- REBAR N a; CAP ON REBAR, -@a-r'�'„ o PLS #12933 m@ fat o 7TH STREET (80' R-O-W) ELEV.=4606.03 ®� S89°51'30"E Nm a ' 126.92' Gm- r 0 0 01 NE CORNER OF °- LEGEND I LOT 1, BLOCK 21 ° STATE ADDITION VoI`O-`-1 0 INDICATES MONUMENT I w 4i N FOUND AS NOTED rat? Iii PROPERTY LINE o I I r.P a LOT LINE I I O LOT NUMBER rA EASEMENT AREAI o BLOCK 21 co b THIS ILLUSTRATION DOES NOT REPRESENT A MONUMEN TED o \ \ \ \ \ N w SURVEY. IT IS INTEDED ONLY TO VACATED ALLE��\\ S89°52'19"E DEPICT THE ATTACHED DESCRIPTION. cO 1- 22.00' I- ® O ® w I t cNi N00°20'20"E S00'20'20"W o I 90.00' 90.00' 0 SE CORNER OF LOT 6, BLOCK 21, 37' 44' 44' 047 STATE ADDITION POINT OF BEGINNING NOR TI-/ 0 25 50 6TH STREET (80' R-0-W) N89'52'19"W SCALE' 1" =50' 22.00' SURVEYORS NAME. BASIS OF BEARING: JIM HASTINGS NO. 4 REBAR TO YELLOW CAP ON ADDRESS: REBAR, PLS NO. 12933 7175 W. JEFFERSON AVE., SUITE 4350 ASSUMED BEARING S89'52'19"E A LAKEWOOD, Co 80235 DISTANCE OF 548.09 FEET DATE: SIGNATURE PARCEL CONTAINS 1,980 SQ. FT. 09/23/2021 (0.045 ACRES MORE OR LESS)