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HomeMy WebLinkAbout2022 Ordinance No. 0261 BY AUTHORITY ORDINANCE NO. 26 COUNCIL BILL NO. 27 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING 2022 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING “OPEN SPACE” SALES AND USE TAX SHAREBACK FUNDS. WHEREAS, in November, 2003, the voters of Arapahoe County approved a county-wide sales and use tax of one-quarter percent sales tax on eligible sales for a period of 10 years to be used for specific Open Space objectives as set forth in County Resolution No. 030381; and WHEREAS, in 2011, the voters of the County reauthorized the open space sales and use tax until December 31, 2023, as set forth in County Resolution No. 110637; and WHEREAS, in 2021, the voters of the County permanently reauthorized the open space sales and use tax, until repealed, as set forth in County Resolution No. 21-263 (“Resolution”), which superseded County Resolution Nos. 030381 and 110637; and WHEREAS, the Resolution provides that 50 percent of the annual revenue from the open space sales and use tax shall be distributed to all incorporated municipalities wholly or partially within the County (“Shareback Funds”); and WHEREAS, the Resolution requires that each incorporated municipality enter into an intergovernmental agreement with the County before receiving Shareback Funds, as authorized by Article XIV, Section 18 of the Colorado Constitution and C.R.S. § 29-1-203; and WHEREAS, the Resolution provides that each municipality shall collect the County’s open space use tax on building and construction materials, as authorized by C.R.S. § 29-2- 106(3)(a); and WHEREAS, entering this Intergovernmental Agreement will enable the City of Englewood to claim its proportionate share of the Shareback Funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering in to the “Intergovernmental Agreement” between Arapahoe County and the City of Englewood, attached hereto as Attachment 1, pertaining to “Open Space” Sales and Use Tax Shareback Funds. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood.            2 Introduced, read in full, and passed on first reading on the 2nd day of May, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of May, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of May, 2022 for thirty (30) days. Read by Title and passed on final reading on the 16th day of May, 2022. Published by Title in the City’s official newspaper as Ordinance No. 26, Series of 2022, on the 19th day of May, 2022. Published by title on the City’s official website beginning on the 18th day of May, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 26, Series of 2022. ___ Stephanie Carlile