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HomeMy WebLinkAbout2023 Ordinance No. 052 1 ORDINANCE COUNCIL BILL NO. 57 NO. 52 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER WOODWARD AN ORDINANCE OF THE CITY OF ENGLEWOOD, ACTING BY AND THROUGH ITS SEWER UTILITY ENTERPRISE, APPROVING AN AMENDMENT TO THE WIFIA LOAN AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE PURPOSE OF FINANCING WATER CAPITAL IMPROVEMENTS AS PART OF THE CITY’S ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT WHEREAS, the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set forth in Section 1 of this Ordinance); and WHEREAS, as provided in Article XIII of the Charter the City is the owner and operator of a public water system, including water and water rights and the acquisition thereof, which system which has historically been operated on a self-supporting basis by the City, is considered to be a government-owned business and is generally known as the “Water Utility Enterprise” of the City; 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, on March 21, 2022, the City Council of the City of Englewood approved Ordinance No. 15, Series of 2022 on second and final reading, authorizing a loan from the United States Environmental Protection for the purpose of financing water capital improvements as part of the City’s One Water Modernization Program – Water Utility System Project; and WHEREAS, the suite of projects funded through Englewood’s Water Fund WIFIA loan includes improvements to existing pumping and treatment facilities, raw water supply improvements, lead service line replacement, metering improvements, and a new operations complex; and WHEREAS, since closing on the loan, Utilities staff has worked with the EPA to expand the project scope to refine two subprojects focused on metering technology and DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 2 space improvements at the Allen Water Treatment Plant (WTP), requiring amendment to WIFIA loan agreement; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of an amendment to the WIFIA loan agreement to update the project description, construction schedule, and budget; and WHEREAS, staff seeks Council approval to approve an amendment to the WIFIA loan agreement to update the project description, construction schedule, and budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Approval of Amendment to WIFIA Loan Agreement. Pursuant to and in accordance with the State Constitution, the Enabling Laws and this Ordinance, the form of the Amendment WIFIA Loan Agreement attached hereto as Attachment A, is incorporated herein by reference and is hereby approved. 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 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 DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 3 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. 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 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 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