HomeMy WebLinkAbout2011-052-06/07/2011-AUTHORIZING THE CITY MANAGER TO ENTER INTO A SHARED LOCATION AGREEMENT FOR THE GREELEY BELLVUE PIPEL RESOLUTION 2011-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SHARE
LOCATION AGREEMENT FOR THE GREELEY BELLVUE PIPE E
TO CROSS A CITY UTILITY EASEMENT
WHEREAS,on November 3, 1956,the City acquired an easement a 27-inch pipeline to
serve certain areas northwest of Fort Collins,which easement was record on July 18, 1958,in the
real property records of the Larimer County Clerk and Recorder at Rece ion No. 746577(the"City
Easement"); and
WHEREAS, the City of Greeley ("Greeley"), is in the ocess of acquiring the necessary
easements and other permits and approvals necessary for its B vue Waterline Project, which will
transport water from Greeley's Bellvue Water Treatment P t to Greeley water customers (the
"Project"); and
WHEREAS,as part of the Project,Greeley has ed the City to consent to the encroachment
on the City Easement of the Project, and specifi ly the installation of,Greeley's new water
transmission line across and under the City's exis g 27-inch water pipeline; and
WHEREAS, City staff has evaluated ether the proposed construction and location of the
Greeley water pipeline would interfere wit he City's intended use of the City Easement or the
City's improvements,and has determined at no such interference would result from the proposed
encroachment; and
WHEREAS, in order to pr ide for the protection of the City's interests through the
documentation of agreement to to s and conditions for the proposed Greeley encroachment, City
staff has negotiated with Greel a Shared Location Agreement providing for City review and
approval of construction plans r the portions of the Project on the City Easement, and for notice
to the City in connection wit ork on the City Easement in the future; and
WHEREAS,the p posed Shared Location Agreement,dated April 15,201 1,is on file in the
office of the City Clerk d available for inspection; and
WHEREAS, ity staff has identified no negative impacts to the City or the City Water Utility
that would result f in the entering into the Shared Location Agreement and allowing the Greeley
Project to procee as requested; and
WHE AS,on December 6, 2010,the proposed encroachment was presented to the Water
Board for c sideration along with the related easements being requested by Greeley for the Project,
and the ter Board voted unanimously to recommend approval of the Easements; and
WITHDRAWN
6/7/11
WHEREAS, on December 8, 2010, the proposed encroachment was presented to t and
Conservation and Stewardship Board for consideration along with the related easem is being
requested by Greeley for the Project, and the Land Conservation and Stewardship oard voted
unanimously to recommend approval of the Easements; and
WHEREAS,Article II,Section 16 of the City Charter empowers the Ci ouncil of the City,
by ordinance or resolution, to enter into contracts with other governm tal bodies to furnish
governmental services and make charges for such services or enter into co erative or joint activities
with other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revi Statutes also provides that
governments may cooperate or contract with one another tovide certain services or facilities
when such cooperation or contracts are authorized�y each thereto with the approval of its to
body or other authority having the power to so prove; and
NOW, THEREFORE, BE IT RESOLVED BY HE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorize o execute the Shared Location Agreement on
the terms and conditions referenced herein, toget r with such additional terms and conditions as
the City Manager, in consultation with the City ttomey, determines are necessary or appropriate
to protect the interests of the City.
Passed and adopted at a regular eting of the Council of the City of Fort Collins this 7th
day of June A.D. 2011.
Mayor
ATTEST:
City Clerk
WITHDRAWN
6/7/11