HomeMy WebLinkAbout10600ORDINANCE NO. 10600
AN ORDINANCE APPROVING A DEFERRED IMPROVEMENTS
AGREEMENT BETWEEN INHABX, 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 InhabX, LLC, a
Colorado limited liability company, and the City of Pueblo, a Colorado 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 November 13, 2023.
Final adoption of Ordinance by City Council on November 27, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on November 29, 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 # R12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 27, 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 INHABX, 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
InhabX, LLC and the City of Pueblo related to the construction of required public
improvements along Pearl Street incident to submission of an application for a
rearrangement of property boundaries.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
InhabX, LLC is the owner of properties in the Delavan Place Subdivision and has filed
an application for the rearrangement of the property boundaries to combine the 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 InhabX, LLC entering into a
Deferred Improvements Agreement with the City which requires the construction of all
required public improvements within 180 days of the issuance of a Building Permit or
prior to the issuance of a Certificate of Occupancy, whichever occurs first.
FINANCIAL IMPLICATIONS
If InhabX, LLC (or a subsequent property owner) performs its obligations under the
proposed Agreement, there will be no financial implication to the City. Should InhabX
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 InhabX.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Bluffs Deferred Improvements Agreement (231108)