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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: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ 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 # 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)