HomeMy WebLinkAbout10511ORDINANCE NO. 10511
AN ORDINANCE APPROVING A DEFERRED IMPROVEMENTS
AGREEMENT BETWEEN BRICK SOLID INVESTMENTS, LLC., A
COLORADO LIMITED LIABILITY COMPANY, 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 Brick Solid
Investments, LLC., a Colorado Limited Liability Company, 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 July 10, 2023.
Final adoption of Ordinance by City Council on July 24, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on July 26, 2023 .
☐ Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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____________________________
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
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City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 24, 2023
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 BRICK SOLID INVESTMENTS, LLC., A
COLORADO LIMITED LIABILITY COMPANY, 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
Brick Solid Investments, LLC., and the City of Pueblo related to the construction of
required Public Improvements along East 4th Street and Dry Creek Road incident to the
applicant's submission of an application for a rearrangement of property boundaries.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Brick Solid Investments, LLC., is the owner of two adjoining parcels of land in the
Eastwood 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 Brick Solid Investments, LLC., entering into a Deferred
Improvements Agreement with the City which requires it to install one streetlight on an
existing utility pole within 180 days of the plat being recorded.
FINANCIAL IMPLICATIONS
If Brick Solid Investments, LLC., performs its obligations under the proposed
Agreement, there will be no financial implication to the City. Should the applicant fail 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 Brick Solid Investments, LLC.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Deferred Improvements Agreement - Brick Solid Investments LLC (230620)