HomeMy WebLinkAbout07209Reception 1588767
10/08/2004
ORDINANCE NO. 7209
AN ORDINANCE AMENDING THE PLAT OF CRESTVIEW
HILLS, 2ND FILING SUBDIVISION RELATING TO REPAIR
AND MAINTENANCE OF DRAINAGE FACILITIES LOCATED
WITHIN DRAINAGE EASEMENTS
WHEREAS, City Council by Ordinance No. 6797 approved the plat for Crestview
Hills, 2nd Filing subdivision ('Plat'); and
WHEREAS, the Plat was recorded in the office of the Pueblo County Clerk and
Recorder on December 6, 2002, as Reception No. 1473070; and
WHEREAS, the dedication on the Plat with respect to repair and maintenance of
drainage facilities located within drainage easements is not accurate and should be
modified. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The drainage easement dedication on the plat for Crestview Hills, 2nd Filing
subdivision recorded in the office of the Pueblo County Clerk and Recorder on December
6, 2002 as Reception No. 1473070 is amended to read as follows:
All drainage easements shown hereon are dedicated to the public for storm
drainage purposes. Drainage facilities located within drainage easements
shown hereon, except underground stormwater facilities approved by the
City of Pueblo, shall be installed, repaired, and maintained in good working
order and condition by the owner(s) of the lots or parcels upon which the
easements are located. The City of Pueblo is hereby granted the right but
not the obligation in its discretion to maintain, repair or replace the drainage
facilities within such easements and, except with respect to underground
stormwater facilities, to recover the costs thereof, plus administrative
expenses from said owner(s).
SECTION 2
This Ordinance shall be effective upon final passage and approval. The City Clerk
shall cause this Ordinance to be recorded in the records of the Pueblo County Clerk and
Recorder,
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ATTESTED BY
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INTRODUCED: September 13, 2004
Michael Occhiato
APPROVED:
COUNCILPERSON
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PTESID THE CITY COUNCIL
CITY CLERK
PASSED AND APPROVED: September 27. 2004
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Background Paper for Proposed
ORDINANCE
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AGENDA ITEM # t*
DATE: September 13, 2004
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING THE PLAT OF CRESTVIEW HILLS, 2ND FILING
SUBDIVISION RELATING TO REPAIR AND MAINTENANCE OF DRAINAGE
FACILITIES LOCATED WITHIN DRAINAGE EASEMENTS
ISSUE
Shall City Council approve the Ordinance?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
The requirements for repair and maintenance of drainage facilities contained in the
plat of Crestview Hills, 2nd Filing Subdivision should be modified to exclude under-
ground stormwater facilities which after installation and approval by the City will be
maintained by the City and not the property owners.
FINANCIAL IMPACT
None.