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HomeMy WebLinkAbout2023 Ordinance No. 020 1 ORDINANCE COUNCIL BILL NO. 16 NO. 20 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD FOR THE SOUTH BROADWAY HAWK SIGNAL IMPROVEMENTS PROJECT # RMS M395-025 (25411) WHEREAS, the Colorado Department of Transportation (CDOT) administers federal and state funds to provide monies for the development of enhanced transportation projects throughout the State of Colorado; and WHEREAS, CDOT currently administers the Revitalizing Main Streets (RMS) grant program, which allocates funds for transportation projects requested by Local Agencies to enhance active transportation safety and strengthen the connection of people to main streets and central economic hubs; and WHEREAS, the State is responsible for the general administration and supervision of the performance of projects in the Program, including the administration of funds for a Program project performed by a Local Agency under a contract with the State; and WHEREAS, staff applied to CDOT for an RMS grant to remove and replace the existing flashing beacons at the mid-3400 block of South Broadway between Hampden Avenue and Girard Avenue and replace the beacons with a HAWK signal to increase pedestrian safety; and WHEREAS, CDOT has determined the Project qualifies for grant funds; and WHEREAS, the grant funds will assist the City in constructing the South Broadway HAWK signal project; and 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, grant funds will pay for 80% of the project in the amount of $315,515.00, with the City of Englewood contributing 20% in matching funds in the amount of $78,879.00 from the Public Works Department's Public Improvement Fund 30 1001 036; and DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 2 WHEREAS, the passage of this Ordinance will authorize the Colorado Department of Transportation (CDOT) to release the grant funds for the South Broadway HAWK signal project. 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 execution by the City of the Intergovernmental Agreement entitled Englewood S. Broadway HAWK Beacon: CDOT RMS Funding Project # RMS M395-025 (25411), which shall be in substantially the same form as that attached hereto. 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 part 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. DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 3 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 necessary to implement this Ordinance's provisions. 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 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 beginning 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