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HomeMy WebLinkAbout07372Reception 1644581 10/21/2005 Substituted Copy 9 -12 -05 ORDINANCE NO. 7372 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE COMANCHE ANNEXATION PHASE 2 AND DESCRIBED AS WEST OF LIME ROAD AND SOUTHEAST OF THE INTERSTATE 25 AND PUEBLO BOULEVARD INTERCHANGE AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31 -12 -104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition For Annexation, and the Annexation Agreement, and the official map of the City shall be amended to show such annexation Comanche Phase 2 A parcel of land located within the East one -half of Section 20 and the East one -half of Section 29, Township 21 South, Range 64 West of the 6th Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Northwest corner of the East one -half of said Section 20 from which the Northwest corner (found monument is a 3'/;' aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears N 89 0 23' 07" W a distance of 2,649.81 feet; 199 0644581 33A 9.60 1. Thence S 89 23' 07" E, along the North line of said Section 20 to a point on the Westerly Right of Way line of Lime Road, a distance of 2,499.99 feet; 2. Thence S 05 29'27" E, along said Westerly Right of Way line, a distance of 900.07 feet; 3. Thence S 01° 01'28" E, continuing along said Westerly Right of Way line, a distance of 1,633.62 feet; 4. Thence S 00 42' 35" E, continuing along said Westerly Right of Way line, a distance of 2,715.65 feet; 5. Thence S 47 10' 53" W a distance of 38.94 feet; 6. Thence N 89 W a distance of 404.78 feet; 7. Thence S 07 26'55" E a distance of 15.38 feet; 8. Thence S 89 E a distance of 28.87 feet; 9. Thence S 36° 33' 00" W a distance of 3,635.24 feet; 10. Thence N 00 26' 18" W, to a point on the South line of said Section 20, a distance of 2,941.46 feet; 11. Thence N 00 38' 19" W a distance of 717.15 feet; 12.Thence N 00 38' 19" W (Existing City Limits Line) a distance of 4,573.57 feet to the Point of Beginning. Said Parcel contains 386.64 acres, more or less. BASIS OF BEARINGS Bearings are based on the North line of Section 20, Township 21 South, Range 64 West from the Northwest corner (found monument is a 3 %" aluminum cap, L.S. #33651) to the Northeast corner (found monument is a 3%" aluminum cap, L.S. #33651) to bear S 89 23' 07" E. SECTION 2. The owners of one hundred percent (100 %) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. IIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIIIIIIIII 0 642 2005 21 of 5 8 6.00 D 0.00 SECTION 4. The City Council of the City of Pueblo hereby finds, determines and declares that the health, safety and welfare of the people of Pueblo are dependent upon the attraction of new private enterprises; that incentives are often necessary to attract private enterprises; that providing such incentives stimulates economic development in the City of Pueblo and results in the creation and maintenance of new jobs; that the incentives offered to Public Service Company of Colorado to annex its properties to the City of Pueblo, Colorado set forth and contained in the Annexation Agreement are in the best interest of the City of Pueblo and its citizens and will promote the public health, safety and welfare; that such incentives and annexation will increase the City's tax base, the availability of electric energy, and the opportunities for employment for the citizens of the City of Pueblo; and that such incentives and annexation will further the economic development of the City of Pueblo and provide funding for much needed and required infrastructure within the City of Pueblo. SECTION 5 Pursuant to Article XX of the State Constitution and the Charter of the City of Pueblo, the City Council of the City of Pueblo hereby finds, determines and declares that the incentives, economic and otherwise, granted to Public Service Company of Colorado pursuant to and under the Annexation Agreement to be local matters and all provisions of statutes of the State of Colorado which might be in conflict with such incentives are hereby superseded to the extent of any such conflict, and to the extent such provisions of the statutes of the State of Colorado are not in conflict with such incentives, the City of Pueblo chooses to apply such provisions. Ch Munoz IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 0644581338 ris R 26.00 D 0.00 SECTION 6. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this ordinance in the office of the City Clerk; (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 7 All ordinances, or parts thereof, resolutions, rules or regulations of the City in conflict with any provision of this Ordinance or the Annexation Agreement shall be and they are hereby suspended in their application and enforcement to the extent of such conflict. SECTION 8. The officers of the City are hereby authorized and directed to take all other action necessary or appropriate, on behalf of the City, to effectuate the provisions of this Ordinance and the Annexation Agreement. SECTION 9. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative or unenforceable to any extent whatsoever. I IIIIII VIII IIIIII IIII VIII VIII YRec III VIII IIII IIII 0644581133q RD R 26.00 D 0.00 SECTION 10. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. § 37 -45 -136 (3.6). . SECTION 11. This ordinance shall become effective immediately upon final passage and the of A annexation shall be effective for ad valorem tax purposes on and after January 1, a . y 40 INTRODUCED August 22 2005 A'1 EST: ITY CLERK PASSED AND APPROVED: September 12 2005 IIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIIIIIIIII 064 of 9 p ORD R 26.00 0 0.00 2006. Background Paper for Proposed ORDINANCE CAd. tt 73 AGENDA ITEM # . 55 DATE: AUGUST 22, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE COMANCHE ANNEXATION PHASE 2 AND DESCRIBED AS WEST OF LIME ROAD AND SOUTHEAST OF THE INTERSTATE 25 AND PUEBLO BOULEVARD INTERCHANGE AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall the City Council approve the proposed annexation of property that is west of Lime Road and southeast of the interstate 25 and Pueblo Boulevard interchange? RECOMMENDATION The Planning and Zoning Commission, at their August 10, 2005 Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND The Comanche Annexation Phase 2 submitted by Public Service Company of Colorado, Inc. ( "PSCO ") comprises 386.64 acres located west of Lime Road and southeast of the Interstate 25 and Pueblo Boulevard interchange. This annexation petition is the second in a series of two phased annexations of property into the City of Pueblo that comprise the PSCO property containing the existing Comanche Power Plant and the property on which the new power plant will be constructed. The applicant has concurrently filed an application to rezone the property to an 1 -3 Heavy Industrial Zone District and will subdivide the property prior to the issuance of building permits. The final action on the ordinance amending the zoning is subject to the approval of the annexation ordinance. Under the Annexation Agreement, the City has granted the following economic incentives to PSCO in conjunction with the annexation of its land and facilities into the City of Pueblo: (a) During the construction of Unit 3 and until it becomes operational, a property tax credit equal to 100% of property taxes attributable to Unit 3. (b) For ten years after Unit 3 becomes operational, a property tax credit equal to 50% of property taxes attributable to Unit 3. (c) Pursuant to Ordinance No. 7347, exemption from sales and use tax on tangible personal property purchased for use in the initial construction of Unit 3, and, for 10 years after Unit 3 becomes operational, purchased for use in the maintenance, repair, remodeling or replacement of Unit 3. PSCO will pay to the City (a) a lump -sum payment of $13 million in lieu of sales and use tax relating to Unit 3 and (b) all property taxes and sales and use taxes attributable to Units 1 and 2. The $13 million payment will be paid to the City within 60 days after the date construction of Unit 3 commences, which is defined as the date excavation begins on the first foundation of Unit 3 (excluding smokestack and environmental control systems) within the Unit 3 construction fence area, or 180 days after approval of the annexation, whichever occurs first. If PSCO is legally prohibited from constructing Unit 3 by injunction or other court order before it commences construction, the date of construction will be deferred until the order is dismissed or resolved to permit construction of Unit 3. Once paid to the City, the $13 million is nonrefundable even if PSCO disconnects the property from the City. Due to the uniqueness and location of the property and electric power generation facilities located thereon, PSCO is not required to construct any off -site improvement in the subdivision and development of the property, except those specifically required by PSCO to serve the property. PSCO will construct all on -site improvements reasonably required as a condition of approval of rezoning, subdivision and special use permit. Unless requested by PSCO and until PSCO extends the sanitary sewer or stormwater system to the property, City will not provide sewer or stormwater service to the property. However, PSCO will pay all stormwater utility service charges imposed by City's ordinances. Fire protection, hazardous material response and emergency medical services are to be provided to the property under contract by Pueblo Rural Fire Protection District until December 21, 2009. Thereafter, City will provide such services to the property. Except for the foregoing, City will provide the same municipal services to the property on the same general condition as the rest of the City receives. Except as otherwise specifically provided in the Annexation Agreement to the contrary, the property and PSCO shall be subject to the Charter, ordinances, rules and regulations of the City. PSCO may disconnect the property from the City if it is unable to obtain within 6 months all permits and approvals necessary and required for the construction and operation of Unit 3, or if the City fails to perform any material provisions of the Annexation Agreement or if any material provision of the Annexation Agreement is determined to be invalid or unenforceable by a final court decision. The foregoing is only a brief description of general provisions of the Annexation Agreement and is qualified by the more complete information and provisions contained in the Annexation Agreement. FINANCIAL IMPACT See Background.