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Home My WebLink About2023 Ordinance No. 005 1 BY AUTHORITY ORDINANCE NO. 05 COUNCIL BILL NO. 76 SERIES OF 2022/2023 INTRODUCED BY COUNCIL MEMBER WOODWARD ORDINANCE APPROVING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Urban Drainage and Flood Control District d/b/a Mile High Flood District (“District”) and the City of Englewood (“City”) entered into an “Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin” (Agreement No. 21-10.08) dated March 2, 2022, (“AGREEMENT”) which was approved by City Council as Ordinance No. 4, Series of 2022; and WHEREAS, the District and the City now desire to increase funding for final design, right of way, and construction of drainage and flood control improvements for South Englewood Basin (“Project”); and WHEREAS, the District and the City desire to increase the level of funding by $1,000,000, to be split equally among the parties for an additional City contribution of $500,000; and WHEREAS, the District’s Board of Directors has authorized additional District financial participation for the Project (Resolution No. 88, Series of 2022); and WHEREAS, the Parties desire to enter into a First Amendment to the Agreement memorializing the financial participation of the parties. 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 First Amendment to an Intergovernmental Agreement Regarding Final Design, Right-of-Way Acquisition, and Construction of Drainage and Flood Control Improvements for South Englewood Basin, City of Englewood – Agreement No. 21-10-08, Project No. 108702, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84 2 Section 2. 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. 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. DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84 3 G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 12th day of December, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 15th day of December, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 14th day of December, 2022. for thirty (30) days. Read by Title and passed on final reading on the 3rd day of January, 2023. Published by Title in the City’s official newspaper as Ordinance No. 05, Series of 2022/2023, on the 6th day of January, 2023. Published by title on the City’s official website beginning on the 5th day of January, 2023 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. 05, Series of 2022/2023. Stephanie Carlile DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84 21-10.08A 1 FIRST AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN CITY OF ENGLEWOOD Agreement No. 21-10.08 Project No. 108702 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin" (Agreement No. 21-10.08) dated March 2, 2022, (hereinafter called "AGREEMENT"); and WHEREAS, PARTIES now desire to fund final design, right of way, and construction of drainage and flood control improvements for South Englewood Basin (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to increase the level of funding by $1,000,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 88, Series of 2022); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this AGREEMENT, PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/ easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $2,650,000 without amendment to this AGREEMENT. PROJECT costs for the various elements of the effort are estimated as follows: DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84 21-10.08A 2 ITEM AS AMENDED ORIGINAL 1. Final Design $ 1,000,000 $ 200,000 2. Right-of-way $ -0- $ -0- 3. Construction $ 1,650,000 $ 1,450,000 4. Contingency $ -0- $ -0- Grand Total $ 2,650,000 $ 1,650,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this AGREEMENT provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 50% $825,000 $500,000 $1,325,000 CITY 50% $825,000 $500,000 $1,325,000 TOTAL 100.00% $1,650,000 $1,000,000 $2,650,000 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior DISTRICT approval. Payment of each PARTY's full share (CITY - $1,325,000; DISTRICT - $1,325,000) shall be made to DISTRICT subsequent to execution of this AGREEMENT and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84 21-10.08A 3 of such monies, which shares shall be computed as were the original shares; or at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 3. All other terms and conditions of this AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date DocuSign Envelope ID: 4F9034A8-780D-4DFB-B525-108F81802A84