HomeMy WebLinkAbout109092370251 04/09/2025 03:38:51 PM
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Candace Rivera Clerk/Recorder. Pueblo County, Co
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ORDINANCE NO. 10909
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND PUEBLO COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO RELATED TO
THE MEDAL OF HONOR SUBDIVISION AND AUTHORIZING AN
EXTENDED PERIOD FOR DEFERRED FILINGS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The period for deferred filings pursuant to §12-4-5(b)(2), P.M.C., is extended through
December 31, 2025.
SECTION 2.
The Subdivision Improvement Agreement ("SIA") between the City of Pueblo, a Colorado
Municipal Corporation and Pueblo County, a political subdivision of the State of Colorado, a copy
of which is attached hereto, having been approved as to form by the City of Pueblo Attorney, is
hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the SIA in the name of the City of Pueblo,
and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
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 4.
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 February 10, 2025.
Final adoption of Ordinance by City Council on February 24, 2025. DoeuSigned by:
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President of City Council
ORDINANCE NO. 10909
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND PUEBLO COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF COLORADO RELATED TO
THE MEDAL OF HONOR SUBDIVISION AND AUTHORIZING AN
EXTENDED PERIOD FOR DEFERRED FILINGS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The period for deferred filings pursuant to §12-4-5(b)(2), P.M.C., is extended through
December 31, 2025.
SECTION 2.
The Subdivision Improvement Agreement ("SIA") between the City of Pueblo, a Colorado
Municipal Corporation and Pueblo County, a political subdivision of the State of Colorado, a copy
of which is attached hereto, having been approved as to form by the City of Pueblo Attorney, is
hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the SIA in the name of the City of Pueblo,
and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
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 4.
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 February 10, 2025.
Final adoption of Ordinance by City Council on February 24, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 24, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION,
AND PUEBLO COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO RELATED TO THE MEDAL OF HONOR SUBDIVISION
AND AUTHORIZING AN EXTENDED PERIOD FOR DEFERRED
FILINGS
SUMMARY:
This Ordinance will amend Ordinance No. 10523 which approved the plat of the Medal
of Honor Subdivision and approve a Subdivision Improvement Agreement (SIA) between
the City of Pueblo and Pueblo County.
PREVIOUS COUNCIL ACTION:
City Council passed Ordinance No. 10523 on August 14, 2023, which was subsequently
signed by the Mayor on August 17, 2023, approving the Medal of Honor Subdivision.
BACKGROUND:
Pueblo County is constructing a new detention center and major arterial roadway within
the Medal of Honor Subdivision on the City's west side. The roadway improvements are
considered public improvements which, according to Chapter 4, Title XII of the Pueblo
Municipal Code, must generally be constructed within 180 days of Pueblo County
obtaining a building permit for the new detention facility or the County would be otherwise
required to place funds on deposit with the City or provide other security to ensure their
completion. The scope and scale of the roadway and detention center projects are such
that additional time is necessary to complete the required public improvements. Both
projects have been progressing smoothly to date and City staff is supportive of the
County's request if Council and the Mayor were to approve an Ordinance to extend the
public improvements completion deadline until the earlier of (a) December 31, 2025, or
(b) prior to issuance of a Certificate of Occupancy without requiring the County to provide
an additional deposit or other security.
In addition, this Ordinance approves a Subdivision Improvement Agreement which
outlines the subdivider's responsibilities for constructing required public improvements
associated with the Medal of Honor Subdivision. The agreement follows the City's
standard SIA template except that it extends the timeline for installation of those
improvements before the subdivider is required to provide a deposit as previously
discussed.
The Ordinance also amends Section 5 of Ordinance No. 10523 which updates the
deadline for submitting deferred filings for the Medal of Honor Subdivision to
accommodate the execution of the Subdivision Improvements Agreement and extends
the deadline for completion of required public improvements.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to pass this Ordinance will prevent the City and County from executing the
Subdivision Improvements Agreement and preclude the extension of the aforementioned
public improvements completion and deferred filings deadlines.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. SUBDIVISION IMPROVEMENT AGREEMENT - MOH Subdivision
2. SIA Exhibit A
3. SIA Exhibit B
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on d Z / 7,54 , 2025, between the CITY
OF PUEBLO, a Municipal Corporation ("City"), and Pueblo County, a body corporate and
Political Subdivision of the State of Colorado ("Subdivider").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A"; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of Medal of
Honor Subdivision, recorded in the records of the Pueblo County Clerk and Recorder on
December 4, 2023 at Reception No. 2329493 ("Subdivision"), wishes to enter into this
Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo
Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
("Required Public Improvements"); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit "B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ("Plans and Documents").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees that no later than December 31, 2025, or upon the issuance of a
certificate of occupancy for any such building or structure, whichever occurs first, to
construct and install at its sole cost all of the Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
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Candace Rivera Clerk/Recorder, Pueblo County, Co
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter
at the mid -block point and barricade such street so that no through traffic shall be
permitted beyond the point to which the estimate of Director of Public Works is
based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6) years
from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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Candace Rivera Clerk/Recorder, Pueblo County, Cc
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rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities"), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority
to bring an action in any Court of competent jurisdiction to compel the enforcement
of this Agreement or any amendment hereto. Such authority shall include the right to
compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary
to the provisions of the Ordinances of the City or this Agreement. In the event of any
litigation arising out of this Agreement, the Court shall award the prevailing party its
costs and expenses, including reasonable expert witness and attorney's fees. Venue
for any such litigation shall be Pueblo County, Colorado.
14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ("Omitted Public Improvement"), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
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Candace Rivera Clerk/Recorder, Pueblo County, Co
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Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re -alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and/or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4-
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit `B", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit `B" by the Director of Public Works.
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
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