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HomeMy WebLinkAbout2022 Ordinance No. 0431 BY AUTHORITY ORDINANCE NO. 43 COUNCIL BILL NO. 47 SERIES 2022 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT IN THE AMOUNT OF $500,000 FOR BATES LOGAN PARK RENOVATION. WHEREAS, in 2003 Arapahoe County voters approved a ten (10) year, quarter-of-a- penny sales and use tax to pay for preservation of open space, protect lands, preserve water quality and provide, maintain and improve neighborhood parks, sport fields, picnic facilities and trails; and WHEREAS, in 2005 Arapahoe County set aside a portion of the revenues to fund competitive grant projects; and WHEREAS, the City will utilize 2022 ACOS Grant funds for improvements to the amenities at Bates Logan Park including the pavilion, restrooms, picnic area, play area equipment, basketball court, and landscaping; and WHEREAS, the City of Englewood, through the 2017 Parks and Recreation Master Plan, has identified renovations needed at Bates Logan Park; and WHEREAS, the City commits to completing the Bates Logan Park Renovation; and WHEREAS, the project site is owned by the City of Englewood and is an outdoor public facility open to the public; and WHEREAS, the City of Englewood acknowledges responsibility of cost overruns for the Bates Logan Park Renovation; and WHEREAS, the total project costs for these improvement to Bates Logan Park Renovation is estimated at $739,815, to include $500,000 in grant funds requested from ACOS, and $239,815.00 provided by the City as part of the Grant Matching Funds project; and WHEREAS, the City’s matching funds will be coming from the Open Space Fund 2022 budget in the amount of $239,815.00; and WHEREAS, City staff seeks Council approval of an Ordinance authorizing the Intergovernmental Agreement and accepting the 2022 ACOS grant in the amount of $500,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465 2 Section 1. The City Council for the City of Englewood, Colorado, hereby accepts the City’s Arapahoe County Open Space grant award in the amount of $500,000 for Bates Logan Park Amenity Improvement project, attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement with Arapahoe County, attached hereto as Exhibit B. Section 3. The City Council for the City of Englewood certifies that the Bates Logan Park Renovation project will be open to the public and serve a public purpose upon completion. Section 4. The City Council of the City of Englewood, Colorado has appropriated $239,815.00 in matching funds for said Arapahoe County Open Space grant and authorizes the expenditure of funds necessary to meet the terms and obligations of the awarded grant. Section 5. 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 DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465 3 additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022. Read by Title and passed on final reading on the 19th day of September, 2022. Published by Title in the City’s official newspaper as Ordinance No. 43, Series of 2022, on the 22nd day of September, 2022. Published by title on the City’s official website beginning on the 21st day of September, 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. 43, Series of 2022. Stephanie Carlile DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465 July 26, 2022 Julie Madden City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Julie, Arapahoe County Open Spaces is pleased to inform you that your recent grant application for Bates Logan Park Renovation has been approved for funding in the amount of $500,000. All grant awards are subject to the execution of an Intergovernmental Agreement (IGA) between the County and grantee. Please return the following documents via email to sbottoms@arapahoegov.com. Alternatively, you may mail original documents to my attention at Arapahoe County Open Spaces, 6934 S. Lima Street, Suite A, Centennial, CO 80112. • A signed, dated, and attested copy of the IGA • A completed ACH Funds Transfer form Please notify me if any information in the IGA needs to be corrected. IGAs must be executed by all parties within 60 days of award notification. Please note that the effective date of the IGA is the date of the grantee’s signature. A digital copy of the fully executed IGA will be returned to you for your records. Congratulations on your grant award! Please don’t hesitate to reach out if you have questions. Sincerely, Sandy Bottoms Grants Program Administrator 303-921-5041 sbottoms@arapahoegov.com DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465