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HomeMy WebLinkAbout2023 Ordinance No. 062 1 ORDINANCE NO. 62 COUNCIL BILL NO. 53 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO NECESSARY CITY CONTRACTS IN ABSENCE OF CITY COUNCIL QUORUM WHEREAS, Englewood Home Rule Charter §34, as supplemented by C.R.S. § 31-4-501 et seq., provides for the process of recall and recall special elections for any elected official within the City; and WHEREAS, in a special election on October 3, 2023, Englewood voters will consider whether to recall three of seven City Council members; and WHEREAS, City Council is required to have a quorum of five members to conduct business under Englewood City Charter 27; and WHEREAS, should all three City Council members be recalled in the October special election, City Council will lack a quorum until the results of the November 7, 2023 City general election are certified; and WHEREAS, Englewood Municipal Code (EMC) § 4-1-3-1(B), pursuant to the authority granted in Charter §§ 111, 112, and 113, grants the City Manager certain contracting authority, but requires City Council approval for certain contracts exceeding $100,000; and WHEREAS, EMC § 4-1-3-1(C) requires the City Manager to develop the City’s Procurement Policy, which designates procedural requirements for contractual approvals; and WHEREAS, should the City be unable to enter into contracts due to the inability of City Council to vote to approve such contracts, it could have a negative impact on City finances and City property, and could delay necessary measures to protect or preserve public property, health, peace, and safety; and WHEREAS, in the event City Council lack a quorum, City Council desires to expand the City Manager’s contracting authority as otherwise limited by Englewood Municipal Code and the City’s Procurement Policy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Contracting Authority Granted: Despite any limitation on the City Manager’s contractual authority and despite any requirement for City Council contractual approval contained in Englewood Municipal Code and the City’s Procurement Policy, after presenting to the sitting members of City Council and obtaining majority consensus support, the City Manager may enter into contracts on behalf of the City that otherwise require City Council DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 2 approval during any period City Council lacks a quorum. The City Manager shall delay consideration of such contractual approval until City Council regains a quorum, if such delay will have no detrimental impact on public finance, public property, health, safety, or welfare. Section 2. Duration of Expanded Authority. The expanded contracting authority granted to the City Manager herein shall be limited only to time periods City Council lacks a quorum, and shall terminate no later than January 1, 2024. This expanded authority shall immediately terminate upon the swearing in of one or more Council Members that ensure a sitting number of Council Members capable of establishing a City Council quorum. Section 3. 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. 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. City staff is further authorized to take additional actions as may be necessary to implement the DocuSign Envelope ID: 84355B62-6B32-4080-8321-6DE99B7B604B 3 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 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