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HomeMy WebLinkAbout2023 Ordinance No. 051 1 ORDINANCE COUNCIL BILL NO. 55 NO. 51 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR A MEMORANDUM OF UNDERSTANDING REGARDING JOINT FUNDING OF COMMUNITY PROJECTS WHEREAS, the voters of the City of Englewood approved the creation of EDDA on November 3, 2020; and WHEREAS, the City approved an Intergovernmental Agreement for Downtown Development Authority Support and Services (“IGA”) on July 19, 2021, in which the City agreed to provide assistance and services to the EDDA as consideration for the EDDA's work in promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood by undertaking downtown projects, including streetscape, mobility and pedestrian safety improvements; and WHEREAS, the City and EDDA anticipate pursuing multiple community improvement projects in which the Parties will share funding and responsibilities; and WHEREAS, the Parties desire to enter into this MOU to formally authorize and govern the City and EDDA sharing funds for public improvement projects and to outline the mechanism by which such projects will be funded, approved, and completed. 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 authorizes execution by the City of an Intergovernmental Agreement with the Englewood Downtown Development Authority for a Memorandum of Understanding Regarding joint funding of community improvement projects, in the form substantially the same as that attached hereto. Section 2. General Provisions Applicable to this Ordinance 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 DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 2 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, and has authority to correct formatting and/or typographical errors discovered during codification. Introduced and passed on first reading on the 18th day of September, 2023; and on second reading, in identical form to the first reading, on the 2nd day of October, 2023. Othoniel Sierra, Mayor DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 3 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: 84355B62-6B32-4080-8321-6DE99B7B604B