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HomeMy WebLinkAbout2022 Ordinance No. 031 1 BY AUTHORITY ORDINANCE NO. 31 COUNCIL BILL NO. 32 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT dba MILE HIGH FLOOD DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Mile High Flood District ("District") in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; WHEREAS, the City of Englewood ("City") and District participated in a joint planning study titled “Major Drainageway Planning Little Dry Creek by McCall-Ellingson & Morrill, Inc., dated February 1974 hereinafter called “PLAN”); WHEREAS, the City entered into an IGA with the District by the passage of Ordinance No. 27, Series of 2020, in which the Parties agreed to share in the cost regarding the Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek; WHEREAS, the Parties now desire to construct additional improvements for Little Dry Creek at Broadway, which will require an increase in the level funding by $200,000.00; WHEREAS, District's Board of Directors has authorized District financial participation for the additional improvement for the Project (Resolution No. 53, Series of 2022); WHEREAS, the increase in cost of the project will be shared by the Parties equally with each Party contributing $100,000.00 dollars for a total of $200,000.00; WHEREAS, the IGA, and all Amendments thereto, will be amended by the replacement of Paragraph 4 and Paragraph 5 with Exhibit A; and WHEREAS, the City Council of the City of Englewood and the Board of Directors of the District have authorized by appropriation or resolution, all of the Project costs of the respective Parties. DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Second Amendment to the Intergovernmental Agreement Regarding Final Design and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway – Agreement No. 20-05.34, Project No. 107336, between the Urban Drainage and Flood Control District dba Mile High Flood District and the City of Englewood, a copy of which is attached hereto as Exhibit A. Section 2. There are no federal funds being used by Englewood on this Project. Section 3. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: 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. 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. D. 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. E. 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. DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121 3 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. 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. 31, Series of 2022, on the 30th day of June, 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. 31, Series of 2022. Stephanie Carlile DocuSign Envelope ID: D6483FD7-DE3F-4E0E-97B6-423B00B38121