HomeMy WebLinkAbout2023 Ordinance No. 067
ORDINANCE NO. 67 COUNCIL BILL NO. 69
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AMENDING SECTIONS OF ENGLEWOOD
MUNICIPAL CODE TO ELIMINATE SPECIFIC FEES AND
INCONSISTENT FEE ADOPTION MECHANISMS, SO FEES AND
RATES MAY BE ADOPTED IN A SINGLE LEGISLATIVE ACT
WHEN ADOPTING THE ANNUAL CITY FEE AND RATE
SCHEDULE.
WHEREAS, the Englewood Municipal Code (“EMC”) authorizes the City Council
to set fees for permits, licenses, and services within the City, which the City Council
updates the City’s fee schedule annually; and
WHEREAS, the City Council recognizes the importance of enacting fees which
accurately reflect the cost of administering various programs; and
WHEREAS, the City Council has the authority to set fees by ordinance, resolution,
and motion and desires that authority to be clarified in code to ensure the Council’s ability
to properly set fees in a consistent manner; and
WHEREAS, the City Attorney’s Office has reviewed the fee schedule and the
EMC to ensure correctness and clarity between the fee schedule and the EMC; and
WHEREAS, City Council desires to amend various EMC sections to eliminate
conflicting and varying fee-setting mechanisms, and to remove specific amounts from
municipal code so that those may be set and amended as required within the annual fee
schedule review and adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Removal of specific adoption legislative mechanisms, fee amounts from
Englewood Municipal Code
In order to ensure City Council may annually establish and adopt the City’s fees, costs
and rates in a single legislative act, City Council hereby removes certain specific fees,
costs, and rates, and required adoption mechanisms for said fees, costs, and rates, by
amending the following sections of Englewood Municipal Code as follows:
EMC § 4-4-1-3(A) (sales and use tax fee; removal of resolution adoption mechanism)
EMC § 5-1-6(A) (business license fees; removal of resolution adoption mechanism)
EMC § 5-3B-5 (alcohol license fees; removal of resolution adoption mechanism)
DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249
EMC § 5-3D-16 (medical marijuana license fees; removal of resolution adoption
mechanism)
EMC § 5-3E-12 (marijuana retail fees; removal of resolution adoption mechanism and
maximum fee of $1,000)
EMC § 5-3F-3 (retail marijuana cultivation fees; removal of resolution adoption
mechanism)
EMC § 5-7-10 (contractor licensing; removal of resolution adoption mechanism)
EMC § 8-5-2 (structure moving permit; removal of $50 and $25 permit fees)
EMC § 8-6-1 (demolition permit; removal of $50 and $200 permit fees)
EMC § 12-1D-1 (water rates; removal of resolution adoption mechanism)
EMC § 12-5-4(A), (D) (storm water drainage service charges; removal of ordinance
adoption mechanism)
EMC § 12-8-6 (concrete utility fee; removal of resolution adoption mechanism)
By removing varied and inconsistent required adoption mechanisms, City Council may
adopt the annual fee and rate schedule by a single Ordinance, if rates are increased that
require ordinance adoption by Municipal Code; or by Resolution or Motion, if ordinance-
established fees are unchanged. Except as specifically referenced above, no other
provisions of Englewood Municipal Code, including fee/rate amounts or required
legislative fee, rate, or cost adoption mechanisms, are amended by this Section.
Section 2. General Provisions
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
DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249
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.
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 6th day of November, 2023; and on second reading,
in identical form to the first reading, on the 20th day of November, 2023.
Othoniel Sierra, Mayor
DocuSign Envelope ID: A22EC9AD-B058-45AD-BF79-C0C294D57249
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: A22EC9AD-B058-45AD-BF79-C0C294D57249