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HomeMy WebLinkAbout2022 Ordinance No. 0301 BY AUTHORITY ORDINANCE NO. 30 COUNCIL BILL NO. 28 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE ESTABLISHING STORMWATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection of a storm drainage service charge for those purposes set forth within Section 4(B); and WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code provides that the Englewood City Council shall establish by ordinance those charges set forth within the storm water utility and enterprise fund for storm drainage service, with such charges maintained in the City’s Rate and Fee Schedule.; and WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all property owners that floods from storm water runoff may occasionally occur which exceed the capacity of storm water facilities constructed and maintained by funds made available under that Chapter, that property liable for the fees and charges established by that Chapter will not always be free from flooding or flood damage, and that Chapter does not purport to reduce the need or the necessity for the owner obtaining flood insurance. 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 adoption of the following storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to become effective January 1, 2023: STORMWATER FEE Residential = $57.74 quarterly Commercial = $0. 0482 per square foot of impervious surface or $57.74 quarterly, whichever is greater Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121 2 A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 20th day of June, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of June, 2022. DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121 3 Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of June, 2022 for thirty (30) days. Read by Title and passed on final reading on the 27th day of June, 2022. Published by Title in the City’s official newspaper as Ordinance No. 30, Series of 2022, on the 30th day of J une, 2022. Published by title on the City’s official website beginning on the 29th day of June, 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. 30, Series of 2022. Stephanie Carlile DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121