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HomeMy WebLinkAbout1999 Ordinance No. 026• '~. • • • ~f--;;ooo lo b ii ORDINANCE NO;J_h SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, BY THE ADDITION OF A NEW SECTION 13 , ENTITLED "HOUSING REHABILITATION FUND". WHEREAS , by the passage of this Ordinance a new "Housing Rehabilitation Fund" will be created ; and WHEREAS, the new "Housing Rehabilitation Fund" will account for housing rehabilitation activities in the City of Englewood ; 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 amends Title 4, Chapter 3, by the addition of a new Section 13, entitled "Housing Rehabilitation Fund", of the Englewood Municipal Code, to read as follows: 4-3-13: HOUSING REHABILITATION FUND: THERE IS HEREBY ESTABLISHED A SPECIAL FUND OF THE CITY OF ENGLEWOOD TO BE KNOWN AS THE "HOUSING REHABILITATION FUND". THIS FUND SHALL BE USED TO PROVIDE FOR HOUSING REHABILITATION ACTIVITIES IN THE CITY OF ENGLEWOOD , COLORADO. Section 2. This Fund shall be an "enterprise" as defined by Article X, Section 20 (2)(d), of the Constitution of the State of Colorado. Section 3. 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. Section 4. 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 . Section 5. 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other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . -1- 0 r · /J n• Ltd' ) Section 6. 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. Section 7 . Penalty. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 19th day of April, L999. Published as a Bill for an Ordinance on the 23rd day of April, 1999. Read by title and passed on final reading on the 3rd day of May, 1999. Published by title as Ordinance Na&, Series of 1999, on the 7th day of May, 1999. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true COP,¥,.of the Ordinance passed on final reading and published by title as Ordinance No~. Seri~ a, Loucrishia A. Ellis -2- • .~ l • • • • .~ r COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an Ordinance creating a Housing Rehab- ilitation Fund and designating April 19, 1999 11 a i the Fund an "enterprise." Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has discussed the responsibilities of the City and the Housing authority at several study sessions. On April 5, 1999, the Council approved on first reading, Council Bill 22, Series of 1999. Council Bill 22, Series of 1999 authorized an intergovernmental agreement with the Englewood Housing Authority to improve coordination and clarify obligations of the parties. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance creating the Housing Rehabilitation Fund and designating it an "enterprise" as defined by the State Constitution. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • This bill for an ordinance creates a new Housing Rehabilitation Fund. This Fund will account for housing rehabilitation activities. Designating this fund an enterprise removes many of the restrictions included in the Taxpayers Bill of Rights (TABOR). No alternatives were identified. FINANCIAL IMPACT This action will not have a direct impact on the City's financial condition. LIST OF ATTACHMENTS Proposed bill for an ordinance