HomeMy WebLinkAbout10425ORDINANCE NO. 10425
AN ORDINANCE APPROVING A DEFERRED
IMPROVEMENTS AGREEMENT BETWEEN MARK
DITKOFF AND THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, RELATING TO THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS
INCIDENTAL TO A REARRANGEMENT OF PROPERTY
BOUNDARIES AND AUTHORIZING EXECUTION
THEREOF BY THE MAYOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Deferred Improvements Agreement ("Agreement") by and between Mark
Ditkoff and the City of Pueblo, a Municipal Corporation, a copy of which is attached
hereto and made a part hereof by reference, after having been approved as to form by
the Pueblo City Attorney, is hereby approved. The Mayor is hereby authorized to
execute an Agreement for and on behalf of the City Pueblo and the City Clerk is
authorized to affix the seal of the City thereto and attest same.
SECTION 2.
The officers of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures
described herein.
SECTION 3.
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 13, 2023.
Final adoption of Ordinance by City Council on March 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on March 29, 2023 .
□ 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 # R9
Background Paper for Proposed
Ordinance
March 13, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A DEFERRED IMPROVEMENTS
AGREEMENT BETWEEN MARK DITKOFF AND THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, RELATING TO
THE CONSTRUCTION OF PUBLIC IMPROVEMENTS INCIDENTAL TO
A REARRANGEMENT OF PROPERTY BOUNDARIES AND
AUTHORIZING EXECUTION THEREOF BY THE MAYOR
SUMMARY:
Attached is an Ordinance approving a Deferred Improvements Agreement between
Mark Ditkoff and the City of Pueblo related to the construction of required public
improvements at 4745 Hero Way incident to Mr. Ditkoff's submission of an application
for a rearrangement of property boundaries.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Mark Ditkoff is the owner of two adjoining parcels of land in the Walking Stick Vista
Filing No. 1 Subdivision and has filed an application for the rearrangement of the
property boundaries to combine the two existing parcels into one single parcel. In order
to ensure the required public improvements for the newly-created lot are installed in a
timely manner, the Director of Public Works has conditioned the approval of the
rearrangement plat upon Mr. Ditkoff entering into a Deferred Improvements Agreement
with the City which requires him to construct the sidewalk within 180 days of the plat
being recorded.
FINANCIAL IMPLICATIONS
If Mr. Ditkoff performs his obligations under the proposed Agreement, there will be no
financial implication to the City. Should Mr. If Ditkoff fails to comply with the terms and
conditions of the Agreement, the City of Pueblo may construct the required public
improvements at its expense and recover the construction costs through the
assessment of a lien against the property.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failing to approve this Ordinance will prevent the City from being able to enter into the
Deferred Improvements Agreement with Mr. Ditkoff.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Deferred Improvements Agreement - Ditkoff