HomeMy WebLinkAbout2022 Ordinance No. 046
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BY AUTHORITY
ORDINANCE NO. 46 COUNCIL BILL NO. 52
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT
NO. 1 (ENGLEWOOD SCHOOLS)
WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of
Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes
intergovernmental agreements; and
WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to
cooperate and contract with one another to provide any function, service, or facility
lawfully authorized to each; and
WHEREAS, on the 2nd day of November, 2020, the City of Englewood adopted
Ordinance No. 47, Series of 2020, approving a comprehensive Intergovernmental
Agreement with Englewood Schools for the shared use, service, maintenance and joint
activities utilizing District properties; and
WHEREAS, that Intergovernmental Agreement did not address the parties’ joint
use rights and obligations regarding Hosanna Complex; and
WHEREAS, the parties desire to enter into a new comprehensive
Intergovernmental Agreement for the shared use, service, maintenance and joint activities
utilizing District properties, including Hosanna Complex.
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 the execution of an Intergovernmental Agreement by and between the CITY
OF ENGLEWOOD and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1,
also known as Englewood School District, a copy of which is marked as “Exhibit A” and
attached hereto.
Section 2. General Provisions Applicable to this Ordinance. The
following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
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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.
Introduced, read in full, and passed on first reading on the 19th day of September,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 22nd day of September, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 21st day of September, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of October, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 46, Series of
2022, on the 6th day of October, 2022.
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Published by title on the City’s official website beginning on the 5th day of
October, 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. 46, Series of 2022.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, is entered into this ____ day of ________________, 2022, by and between
the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality, (“City”) and the ARAPAHOE
COUNTY SCHOOL DISTRICT NO. 1 (“Englewood School District” or “District”).
W I T N E S E T H
WHEREAS, the Parties entered into multiple Agreements for the shared use, service, maintenance
and joint activities utilizing District properties; and
WHEREAS, in November, 2020, the Parties entered into an Intergovernmental Agreement,
consolidating the Parties’ multiple past agreements into a single agreement describing their respective
obligations regarding jointly-utilized real property; and
WHEREAS, that Agreement did not include the Parties’ agreements regarding Hosanna Complex;
and
WHEREAS, the Parties desire to enter into a new Intergovernmental Agreement to replace the
November 2020 agreement, describing their respective obligations regarding jointly-utilized real property,
including Hosanna Complex.
NOW THEREFORE, in consideration of the mutual agreements and promises herein
contained, and subject to the terms and conditions hereinafter stated, City and District understand
and agree as follows:
1. PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to
memorialize the understandings between City and District for the shared provision of recreational
services and facilities to benefit the community.
2. TERMINATED AGREEMENTS: The following Agreements are recognized as either
expired or repealed by separate action:
a. Ordinance 66, Series of 2013 – Flat 14ers Initiative Project, which was a
movement-based initiative to challenge individuals to virtually climb Colorado’s 14ers by
designating Englewood Parks, paths, walking trails and Englewood School spaces. Participants
would walk a designated space a certain number of times gathering enough steps to climb a
designated 14er. The initiative is no longer in operation at City or District properties.
b. Ordinance 37, Series of 2011 – Community Gardens at Charles Hay and Clayton
Elementary Schools. City, through an IGA with District, assisted District in grant funding and
implementation. City no longer has a role in the grant funding and implementation, in addition
District currently manages these gardens, and City has no continuing role in the garden operations.
c. Ordinance 36, Series of 1998 – Clayton Elementary Athletic Field. Prior to the
school being reconstructed City utilized the athletic field for various sports league use. Since the
reconstruction of the elementary school, the athletic field was reduced in size and now contains a
slope for storm water run-off. These changes make it undesirable for team functions.
d. Ordinance 38, Series 2005 – Defining the joint responsibility between City and
District for the use of the Sinclair Basketball and Inline Hockey Rink areas. The Inline Hockey
Rink is being used for pickle ball and is no longer used for inline hockey. The project was funded
in part by Open Space funds which are no longer available.
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e. Ordinance 14, Series of 2013 – Provided City would contribute funds for
improvements to the gymnasium at Colorado’s Finest Alternative High School (CFHSC). In
exchange, City would be allowed first priority use of the facility outside of school hours, and all
fees and costs would be waived for City. City no longer utilizes the facility.
f. Ordinance 63, Series of 2013 - Consolidated previous shared service and joint
activity intergovernmental agreements, modified existing agreements concerning Hosanna
Complex, and authorized applications for grants. The Parties’ Agreement, Stormwater Detention
Area, authorized by Ordinance 17, Series of 1983 and creating a perpetual easement for a
stormwater detention area, is not amended or repealed, except as specifically provided below.
g. Ordinance 47, Series of 2020 – Intergovernmental Agreement detailing
comprehensive agreement of the Parties, replaced by this Intergovernmental Agreement.
3. DUTIES OF ENGLEWOOD:
a. City agrees to cover all damages caused by City programs and not caused by normal
wear and tear to the CFHSC gymnasium used for its summer youth programs.
b. City will improve and maintain the athletic field on the East side of CFHSC at no cost
to District, and any revenues earned from field rentals will belong solely to City.
c. City will continue to maintain and schedule the use of the outdoor basketball and
pickleball courts at CFHSC.
d. City will maintain the adjacent CFHSC parking lot at no cost to District including any
required resurfacing.
e. City agrees to cover the cost of any damage when using the Auditorium during the
summer months and not caused by normal wear and tear to the Fisher Auditorium for
a summer drama program at the Englewood Campus.
f. City shall not use any materials or leave sets or equipment at the Auditorium or shop
area at the end of the summer drama program.
g. City shall pay for its use of any and all other District facilities, based on the attached
fee schedule for youth or adult participation as appropriate. Said fee schedule shall be
made available when it is completed.
4. DUTIES OF DISTRICT:
a. District will provide full access as required by City for its program needs and provide
custodial services for the use of the CFHSC gymnasiums.
b. District grants City full use of the athletic fields on the East side of CFHSC outside
of regular school hours.
c. All associated utilities and water usage expenses from the use of the athletic fields
will be paid by District.
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d. District grants to City the full use of the Fisher Auditorium at the Englewood Campus
during the summer months at established youth rates in order to facilitate a successful
summer drama program.
e. District shall provide City access to the shop area at the Fisher Auditorium for the
construction of sets for the summer drama program.
5. MUTUAL DUTIES OF DISTRICT AND CITY:
a. City and District personnel will work together to develop a property status checklist
for the CFHSC gymnasium no later than June 1 of each year.
b. City and District personnel will work together to develop a property status checklist
for the Fisher Auditorium no later than June 1 of each year.
c. City and District personnel will meet at least every other month in each calendar year
to discuss logistics, expectations and to ensure positive and productive
communications in support of this Agreement.
6. AMENDMENT OF AGREEMENT STORMWATER DETENTION AREA,
HOSANNA COMPLEX:
The Parties’ Agreement, Storm Water Detention Area dated June 6, 1983, authorized by Ordinance
17, Series of 1983, creates a perpetual easement for a stormwater detention area, and the Parties
recognize and agree that the easement and that Agreement remain in full force and effect except as
specifically amended herein. Paragraph 5(B)(including subsections 1-5) of the Agreement is
repealed and amended to read as follows:
The City shall maintain, at its sole cost and expense, the portions of the stormwater
detention area constituting the gravity outfall pipe and headwalls on either end of the pipe
including cleaning the pipe and removing debris that may block it, and other
concrete/rock elements constituting the gravity drainage system and intended to prevent
the City of Englewood from experiencing a significant stormwater/flooding
event. Except as specifically listed above, all other obligations, maintenance, repairs, and
other costs for Hosanna Complex and its use as a stormwater detention area, including
maintenance or replacement of structures, landscaping, mowing (including in the
overflow spillway area to prevent excessive soil erosion), keeping the area clear of any
structures or obstructions that would interfere with stormwater detention or overflow, and
equipment (such as dewatering pumps connected to the underdrain system beneath the
playing fields and used to dewater the area during dry times), shall be at the sole cost and
expense of District. The City shall obtain the District’s consent prior to making a major
repair or reconstruction of a stormwater detention element for which it is responsible, if it
may interfere with the District’s use of Hosanna Complex.
7. TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual
execution and shall be in effect for a period of five (5) years.
8. RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5)
additional years at the end of the current period. All renewals must be in writing and executed by
both parties. Each party reserves the right to elect not to renew the agreement after expiration of
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the current term. If either party intends not to renew the Agreement it shall give notice of such
intent at least ninety (90) days prior to expiration of the then current term of the Agreement.
9. TABOR: The parties do not intend to violate the terms and requirements of TABOR by
the execution of this Agreement. It is understood and agreed that this Agreement does not create a
multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR, and shall be
interpreted in conformance with TABOR.
10. NOTICE: All notices concerning this Agreement shall be made:
To Englewood Public Schools
attn: Superintendent of Schools
4101 S. Bannock St.
Englewood, CO 80110
To City of Englewood
attn: City Manager
1000 Englewood Parkway
Englewood, CO 80110
11. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance
by one Party constitute or be construed to be a waiver by that Party of any breach of a term,
covenant, or condition or any default which may then exist on the part of another Party. When any
such breach or default shall exist, it shall not impair or prejudice any right or remedy available to
the non-breaching Party with respect to such breach or default; and no assent, expressed or implied
to any breach of any one or more terms, covenants, or conditions of the Agreement shall be
construed as a waiver of any succeeding or other breach.
12. VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this
Agreement is subject to and shall be construed in accordance with the provisions of the laws of the
state of Colorado and any rules and regulation enacted in conformance therewith, including any
applicable federal law, municipal charter, ordinance, rule or regulation.
13. INSURANCE: Each Party may be self-insured as required by Colorado law, or may
acquire insurance to insure the activities undertaken in this Agreement. The cost of any such
insurance shall be borne exclusively by the Party obtaining such insurance and each Party shall
determine what coverage if any is required.
14. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the
Parties are relying upon, and have not waived, the monetary limitations and all other rights,
immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq.
15. INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be
responsible for any and all claims, damages, liability and court awards, including costs, expenses,
and attorney fees, incurred as a result of any act or omission by that Party, or its officers in
connection with the subject matter of this Agreement.
16. BEST EFFORTS: The Parties agree to work diligently together and in good faith, using
their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve
submittals and effect the orderly execution of the above-listed services.
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17. CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or
in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm
or corporation in any manner whatsoever any information concerning any matters which are not
subject to public disclosure. The Parties shall comply with all applicable state laws and
requirements pertaining to maintenance and disclosure of information pursuant to the Colorado
Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format.
18. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are
for convenience only, and shall not be construed so as to define or limit the terms and provisions
hereof.
19. SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement
is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if the Agreement did not contain the particular part, term, or provision
held to be invalid.
20. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and
covenants of this Agreement, (including any exhibits and attachments), which, by reasonable
implication, contemplate continued performance or compliance beyond the expiration or
termination of this Agreement (including confidentially), shall survive such expiration or
termination and shall continue to be enforceable as provided herein.
21. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This
Agreement is intended as the complete integration of all understandings between the Parties as to
the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing.
No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any
force or effect unless embodied in a written amendatory or other Agreement properly executed by
the Parties. Amendments to this Agreement will become effective when approved by all Parties and
executed in the same manner as this Agreement. This Agreement and any amendments shall be
binding upon the Parties, their successors and assigns.
22. NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the Agreement and
all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in
the Agreement gives or allows any claim or right of action to any third person or entity. Any person
or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is
an incidental beneficiary only.
23. LEGAL AUTHORITY:
a. Each Party assures and guarantees the others that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or
taken, to enter into this Agreement.
b. The person signing and executing this Agreement on behalf of each Party represents
that they have been fully authorized by their respective Party to execute this
Agreement on its behalf and to validly and legally bind their respective Party to all
the terms, performances and provisions of this Agreement.
c. Each of the Parties shall have the right to either temporarily suspend or permanently
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terminate this Agreement, if there is a dispute as to the legal authority of the other
Party or the person signing the Agreement on behalf of the other Party to enter into
this Agreement. The suspending or terminating Party shall not be obligated to pay the
other Party for any performance of the provisions of this Agreement after that Party
has suspended or terminated this Agreement as provided in this Article. In the event
of any such suspension or termination the remaining Party may elect to immediately
terminate this Agreement.
FOR THE CITY OF ENGLEWOOD
Othoniel Sierra, Mayor
Attest:
Stephanie Carlile, City Clerk
FOR THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1
ENGLEWOOD PUBLIC SCHOOLS
INSERT NAME
Title: President, Board of Education
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