HomeMy WebLinkAbout2021 Ordinance No. 037
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BY AUTHORITY
ORDINANCE NO. 37 COUNCIL BILL NO. 34
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN THE
SOUTH PLATTE RIVER IMPROVEMENTS PROJECT IN ARAPAHOE
COUNTY, MANAGED BY THE URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT AND TITLED “AGREEMENT REGARDING A
RIVER IMPROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH
PLATTE RIVER IN ARAPAHOE COUNTY” REGARDING THE FINAL
DESIGN OF IMPROVEMENTS TO THE RIVER CORRIDOR BETWEEN
DARTMOUTH AVENUE ON THE NORTH AND BREWERY LANE TO THE
SOUTH, PURSUANT TO AGREEMENT NO. 18-11.01 BETWEEN THE
CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT, ARAPAHOE COUNTY OPEN SPACE, THE CITY
OF SHERIDAN, THE SOUTH SUBURBAN PARKS AND RECREATION
DISTRICT AND CITY OF LITTLETON.
WHEREAS, the purpose of the Intergovernmental Agreement (“IGA”) is the
creation of final design improvements (“Project”) to the South Platte River Corridor from
roughly Dartmouth Avenue in Englewood to Brewery Lane in Littleton;
WHEREAS, the IGA defined the financial commitments and responsibilities of the
Urban Drainage and Flood Control District, Arapahoe County Open Space, South
Suburban Parks and Recreation District, City of Englewood, City of Sheridan and City of
Littleton, collectively known as “Parties” regarding maintenance of the project;
WHEREAS, the IGA outlines the implementation strategy for the final design
improvements for the South Platte River between Dartmouth Avenue and Brewery Lane
with the goal of promoting a healthy river in an attractive setting which creates a quality
recreational experience;
WHEREAS, in the Urban Drainage and Flood Control District “(District”) in 1970
and 1973 expressed an intent to assist public bodies which have heretofore enacted
floodplain regulation measures;
WHEREAS, in 1985 the Parties participated in a joint planning study titled “Major
Drainage way Planning South Platte River, Chatfield Basin to Baseline Road” by Wright
Water Engineers;
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WHEREAS, in 2018 the District adopted, after public hearing, a “Five-Year Capital
Improvement Program” for drainage and flood control facilities in the Project was included
in the 2019 calendar year;
WHEREAS, the District, in 2018, also adopted a Special Revenue Fund Budget
for calendar year 2019 subsequent to a public hearing, which included funds for the
Project;
WHEREAS, the District’s Board of Directors reviewed and authorized
expenditures for the 2019 work program associated with the Project;
WHEREAS, the Englewood City Council approved Resolution No. 89, Series of
2010, in support of the City’s Arapahoe County Open Space (“ACOS”) grant application
for the Riverside Park Planning grant;
WHEREAS, the Englewood City Council approved Ordinance No. 38, Series of
2011 authorizing an intergovernmental agreement accepting the 2010 Riverside Park
Planning grant between Arapahoe County and the City;
WHEREAS, the Englewood City Council approved Ordinance No. 50, Series of
2014 authorizing an intergovernmental agreement regarding the construction of drainage
and flood control improvements for the South Platte River at Oxford Avenue between the
Urban Drainage and Flood Control District, the Colorado Water Conservation Board, and
Arapahoe County, by the addition of the City of Englewood, City of Sheridan and the
South Suburban Parks and Recreation District as participants;
WHEREAS, the Englewood City Council approved Resolution No. 6, Series of
2015 authorizing the City’s Arapahoe County Open Space grant application for the
construction of the River Run Trailhead Phase I;
WHEREAS, the Englewood City Council approved Ordinance No. 27, Series of
2015, authorizing a intergovernmental agreement with Arapahoe County for the
acceptance and use of Open Space grant funding in the amount of $300,000 for the
construction of the River Run Trailhead Phase I;
WHEREAS, the Englewood City Council approved Resolution No. 87, Series
2015, authorizing the City’s Arapahoe County Open Space grant application for the
construction of the River Run Trailhead Phase II;
WHEREAS, the Englewood City council approved Ordinance No. 44, Series of
2017, approving an amendment to the Agreement Regarding Construction of Drainage
and Flood Control Improvements, Agreement 11-07.25F, between the City of Englewood,
the Urban Drainage and Flood Control District, Arapahoe County, the City of Sheridan
and the South Suburban parks and Recreation District;
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WHEREAS, the Englewood City Council approved Ordinance No. 23, Series of
2019 authorizing an intergovernmental agreement between the Urban Drainage and
Flood Control District d/b/a Mile High Flood District, Arapahoe County Open Space, South
Suburban Parks and Recreation District, City of Littleton, City of Sheridan and the City of
Englewood;
WHEREAS, the Parties now wish to amend the IGA with this First Amendment to
Agreement No. 18-11.01A - Project No. 107361 regarding a River Improvement
Implementation Plan for the South Platte River in Arapahoe County; and
WHEREAS, the amendment will increase the level of funding by an additional
$100,000 dollars, with no additional contribution from the City of Englewood; and
WHEREAS, the City of Englewood’s percentage will remain at $30,000.00 as set
forth in the Intergovernmental Agreement, attached hereto as Exhibit A.
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
a first amendment to the Intergovernmental Agreement with the Mile High Flood District,
Arapahoe County Open Space, South Suburban Parks and Recreation, City of Littleton and
the City of Sheridan originally adopted by and through Ordinance # 23, Series of 2021, as
follows:
Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced
as follows:
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement
PROJECT costs shall consist of and be limited to final design
services.
B. It is understood that PROJECT costs as defined above are
not to exceed $350,000 without amendment to this
Agreement.
C. Based on total PROJECT costs, the maximum percent and
dollar contribution by each party shall be:
Percentage Previously Additional Maximum
Share Contributed Contribution Contribution
DISTRICT *16.00% $ 5,000 $50,000 $55,000
ARAPAHOE 50.00% $125,000 $50,000 $175,000
SSPRD 8.50% $ 30,000 $ -0- $ 30,000
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ENGLEWOOD 8.50% $ 30,000 $ -0- $ 30,000
SHERIDAN 8.50% $ 30,000 $ -0- $ 30,000
LITTLETON 8.50% $ 30,000 $ -0- $ 30,000
TOTAL 100.00% $250,000 $100,000 $350,000
*DISTRICT funded $100,000 of initial design work in 2018.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said Intergovernmental Agreement, on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 16th day of August, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
19th day of August, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the
18th day of August, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of September, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 37, Series of
2021, on the 10th day of September, 2021.
Published by title on the City’s official website beginning on the 9th day of
September, 2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, 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. 37, Series of 2021.
Stephanie Carlile
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