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HomeMy WebLinkAbout2024 Ordinance No. 001 1 BY AUTHORITY ORDINANCE NO. 1 ` COUNCIL BILL NO. 43 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WRIGHT ORDINANCE APPROVING AMENDMENTS TO THE MCBROOM DITCH COMPANY'S BY-LAWS REGARDING THE PRESIDENT'S DUTIES AND NAMING THE PRESIDENT’S DESIGNEE. WHEREAS, the City of Englewood (City) is the President and major shareholder of the McBroom Ditch Company (Company), a Mutual Ditch Company incorporated in 1924, that conveys water from Bear Creek to the Union Avenue Pump Station; and WHEREAS, the Company is governed by a three-member Board and a set of By- laws, which were last amended in 1927; and WHEREAS, to operate the Company more efficiently, City staff recommends adopting amendments to the By-laws to allow the City as President, or its designee, to have the authority to sign, execute, and acknowledge all contracts, checks, deeds, mortgages, bonds, leases, or other obligations on behalf of the Company; and WHEREAS, City staff requests that the Council approve the proposed By-law amendments, designate the City’s Utilities Director to serve as designee, and grant the designee full authority to execute essential documents of the Company per the City’s procurement policies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Amendment to the By-laws of The McBroom Ditch Company, in the form substantially the same as that attached hereto. Section 2. The City Council of Englewood, Colorado, hereby designates the Director of Utilities to serve as the President’s designee and grants the designee contracting authority as set forth in the Amendment to Section 8 of the By-laws per the City’s procurement policies. Section 3. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: DocuSign Envelope ID: 0E87E2FC-45D4-4090-BB1E-4AD9538DDE3C 2 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 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. DocuSign Envelope ID: 0E87E2FC-45D4-4090-BB1E-4AD9538DDE3C 3 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 December 2023; and on second reading, in identical form to the first reading, on the 8th day of January, 2024. 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: 0E87E2FC-45D4-4090-BB1E-4AD9538DDE3C