HomeMy WebLinkAbout2023 Ordinance No. 065
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ORDINANCE COUNCIL BILL NO. 46
NO. 65 INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER NUNNENKAMP
AN ORDINANCE AUTHORIZING TWO
INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY
OF ENGLEWOOD AND THE STATE OF COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
FOR PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES GRANT FUNDS
WHEREAS, Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are
manmade chemicals that are toxic and persistent in the environment and can get into
groundwater and surface water; and
WHEREAS, Section 25-5-1310, C.R.S. created the PFAS cash fund which
allowed the Water Quality Control Division to implement a grant program to assist in
identifying, assessing, and reducing environmental impacts of PFAS in state waters; and
WHEREAS, the Colorado Department of Public Health and Environment
administers state funds to provide grants for the sampling and assessment of PFAS in
ground or surface water, water system infrastructure, and emergency assistance; and
WHEREAS, the State is responsible for the general administration and
supervision of the performance of projects in the program, including the administration of
funds for a program project performed by a Local Agency under a contract with the State;
and
WHEREAS, the Colorado Department of Public Health and Environment has
determined that the City of Englewood qualifies for grant funds; and
WHEREAS, the project will protect the public health from hazardous substances
by reducing the risk of exposure to PFAS by monitoring the status of hazardous
substances; and
WHEREAS, the City of Englewood has been awarded grant funds for an
Independent Environmental Study PFAS Grant in the amount of $73,160 to expand
Englewood Utilities’ sampling program of the source watershed, which feeds the Allen
Water Treatment Plant (WTP); and
WHEREAS, the City of Englewood has been awarded grant funds for an
Infrastructure PFAS Grant in the amount of $353,064 to pilot PFAS treatment
technologies at the Allen WTP; and
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WHEREAS, the project will protect the public health from hazardous substances
by reducing the risk of exposure to PFAS by implementing and assessing the
performance of selected treatment at pilot scale for removal of PFAS; and
WHEREAS, the passage of this Ordinance will authorize the Colorado
Department of Public Health and Environment to release the grant funds to the City of
Englewood; 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.
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 Colorado Department of
Public Health and Environment for a Cost Reimbursement Grant Program for the Sampling
of Per- and Polyfluoroalkyl Substances from the Regional South Platte River Watershed
surrounding the City of Englewood in the amount of $73,160, in the form substantially the
same as that attached hereto.
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes
execution by the City of an Intergovernmental Agreement with the Colorado Department of
Public Health and Environment for a Cost Reimbursement Grant Program for the Per- and
Polyfluoroalkyl Substances Infrastructure Project in the amount of $353,064, in the form
substantially the same as that attached hereto.
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,
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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 by reference or in full 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. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
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 16th day of October, 2023; and on second
reading, in identical form to the first reading, on the 20th day of November, 2023.
Othoniel Sierra, Mayor
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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.
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