HomeMy WebLinkAbout2023 Ordinance No. 060
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BY AUTHORITY
ORDINANCE NO. 60 COUNCIL BILL NO. 51
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER WARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO,
CONCERNING THE COUNTYWIDE TRANSIT AND
MICROMOBILITY STUDY
WHEREAS, the City of Englewood and the Board of County Commissioners of
the County of Arapahoe, State of Colorado (“Arapahoe County”) agree that there is a
need to study transit and micromobility services within the urban areas of Arapahoe
County; and
WHEREAS, Arapahoe County has agreed to perform an assessment and
determination of pilot project sites that are small-scale and temporary in nature to
evaluate the feasibility of potential transit and micromobility services with separate and
distinct solicitations and contracts, and has appropriated funding therefore, and
WHEREAS, the study will review, among other things, the existing fixed route
Englewood Trolley service, as well as determine the feasibility of establishing a
complementary on-demand microtransit service that is not restricted to a fixed route,
with the possibility of extending transit service to all City of Englewood citizens
regardless of where they reside in the community; and
WHEREAS, Arapahoe County has requested the City of Englewood contribute
to funding for the study in the amount of Sixteen Thousand Dollars ($16,000.00); and
WHEREAS, the City of Englewood’s Community Development Department will
contribute $8,000.00 from the departmental professional services budget funded through
the general fund, and the Englewood Downtown Development Authority has agreed to
contribute an additional $8,000.00, for a total of $16,000.00 as the City of Englewood
match for participation in the Arapahoe Countywide Transit and Micromobility Study; and
WHEREAS, participation in the study will ensure the City of Englewood is eligible
for selection as a potential second-phase pilot implementation 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
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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.
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 of the Intergovernmental Grant Agreement between the City of
Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of
Colorado for the Countywide Transit and Micromobility Study in the form substantially
the same as that attached hereto.
Section 2. General Provisions Applicable to this Ordinance. The
following general provisions and findings apply 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. 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's right to challenge this
Ordinance through referendum under City of Englewood Charter 47.
D. 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.
E. 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.
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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 11th 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:
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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
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