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HomeMy WebLinkAbout2023 Ordinance No. 033 ORDINANCE NO. 33 COUNCIL BILL NO. 35 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING THE CITY OF ENGLEWOOD’S FREE MEMBERSHIP IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S WATERSENSE PROGRAM AS A PROMOTIONAL PARTNER, TO HELP REDUCE MUNICIPAL WATER USE THROUGH WATER-EFFICIENT PRODUCTS AND CONSTRUCTION OF WATER-EFFICIENT NEW HOMES, AND AUTHORIZING THE CITY TO EXECUTE A WATERSENSE PARTNERSHIP AGREEMENT ON BEHALF OF THE CITY. 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, State and federal mandates require the City to review ways to reduce water demands in its service area; and WHEREAS, in June 2006 the United States Environmental Protection Agency (EPA) established the WaterSense program; and WHEREAS, WaterSense is a national voluntary partnership program designed to help reduce municipal water use across the country through water-efficient products and construction of water efficient new homes; and WHEREAS, the City of Englewood can become a promotional partner of the EPA WaterSense Program and thereby help promote the use of water-efficient tools in homes and businesses in the City and enhance its public education and outreach programs. 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 hereby authorizes and approves the City of Englewood to enter into a Promotional Partnership Agreement with the U.S. EPA WaterSense Program with no cost to the City, in the form substantially the same as attached hereto as Exhibit A. Section 2. Staff is authorized to take all necessary actions to comply with the Agreement in order to achieve membership in WaterSense, including reporting data on DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 the results of promotional activities and aggregate data on rebates offered and processed as requested by WaterSense of utility and government partners. Section 3. 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. DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549 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. Introduced and passed on first reading on the 17th day of July, 2023; and on second reading, in identical form to the first reading, on the 7th day of August, 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 in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: F1A13378-6D14-423A-A9FC-322E9BE13549