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HomeMy WebLinkAbout2022 Ordinance No. 0601 BY AUTHORITY ORDINANCE NO. 60 COUNCIL BILL NO. 67 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 4-7-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING WASTE TRANSFER SURCHARGE WHEREAS, the City Waste Transfer Surcharge imposes a fee on each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility to offset the impact of heavy vehicles and other traffic using the waste transfer station on the City’s streets and bridge; and WHEREAS, the City of Englewood last increased its waste transfer surcharge on January 1, 2012, pursuant to Ordinance No. 56, Series of 2011; and WHEREAS, the cost of street and bridge repairs and replacement have increased significantly since 2012; and WHEREAS, the City is required to increase its Waste Transfer Surcharge to ensure it has sufficient funds to repair and maintain its streets necessitated by heavy vehicles and traffic using the waste transfer station. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 4, Chapter 7, Section 4-7-3 of Englewood Municipal Code, is hereby amended as follows (new provisions in italics, deletions struck through): 4-7-3: - Surcharge Imposed. On and after the effective date hereof, there is hereby levied and shall be paid and collected a surcharge of fifty cents ($0.50) on each cubic yard or portion thereof by In addition to all other taxes, surcharges, and fees imposed by law, each person disposing of trash at a waste transfer facility (including any person upon each person disposing of trash by the person’s his own vehicle at theirhis own facility, whether for a charge or not), shall pay to the City of Englewood a Waste Transfer Surcharge in an amount set by City Council. Said surcharge is in addition to all other taxes, surcharges and fees imposed by law. Section 2. Waste Transfer Surcharge Rate Effective January 1, 2023, the City of Englewood Waste Transfer Surcharge shall be sixty-three cents ($0.63) on each cubic yard or portion thereof of trash disposed. The amount of this Surcharge shall be included in the City’s Comprehensive Schedule of Fee and Rates, and paid to the City of Englewood. Section 3. 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: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 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. Introduced, read in full, and passed on first reading on the 7th day of November, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of November, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of November, 2022 for thirty (30) days. DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 3 Read by Title and passed on final reading on the 21st day of November, 2022. Published by Title in the City’s official newspaper as Ordinance No. 60, Series of 2022, on the 24th day of November, 2022. Published by title on the City’s official website beginning on the 23rd day of November, 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. 60, Series of 2022. Stephanie Carlile DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9