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HomeMy WebLinkAbout2023 Ordinance No. 017 1 ORDINANCE NO. 17 COUNCIL BILL NO. 13 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR 2023 REGIONAL TRANSPORTATION DISTRICT FUNDING OF LOCAL TRANSPORTATION SERVICES BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD - ENGLEWOOD TROLLEY. WHEREAS, the Regional Transportation District (“RTD”) is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101, et seq. (the “RTD Act”), to develop, maintain, and operate a mass transportation system for the benefit of the inhabitants of its District, as defined by the RTD Act; and WHEREAS, pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C.R.S. §§ 29-1-203 et seq., both RTD and the City of Englewood (“City”) may cooperate or contract with each other to provide any function, service, or facility lawfully authorized to each, and any such contract may provide for sharing of costs; and WHEREAS, RTD currently operates a variety of fixed-route bus, light rail, and other transit services in and around the City; and WHEREAS, the City provides certain transit services that provide mobility and access to the business and residential areas in and around the City; and WHEREAS, the services that the City provides supplement RTD service and provide added mobility for the general public working and living in the City; and WHEREAS, in order to support transit services supplemental to those services provided by RTD in the City, RTD wishes to contribute local funds for the provision of such services; and WHEREAS, this Ordinance will authorize the Intergovernmental Agreement between RTD and the City setting forth the terms of RTD’s reimbursement to the City and acceptance of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement for 2023 Regional Transportation District Funding of Local Transportation Services between the Regional Transportation District and the City of Englewood, Colorado, as attached hereto as Attachment 1, and acceptance of funds. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 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. 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. DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 3 Introduced and passed on second reading, in identical form to the first reading, on the 3rd day of April, 2023. 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 an Ordinance, introduced and passed on second reading on the date indicated above; published two days after passage on the City’s official website for at least thirty (30) days thereafter; and published once by Title in the City’s Official City Newspaper. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A