HomeMy WebLinkAbout2024 Ordinance No. 004
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ORDINANCE NO. 4 COUNCIL BILL NO. 2
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 57,
SERIES OF 2023, FIXING THE TAX LEVY IN MILLS UPON EACH
DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE
PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado,
under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the
annual property levy for City purposes; and
WHEREAS, on the 2nd day of October, 2023, the City Council adopted Ordinance
No. 57, Series of 2023, setting the City’s 2024 tax levy, as required by Englewood City
Charter 89; and
WHEREAS, on the 20th day of November, 2023, Colorado Governor Jared Polis
signed into law SB23B-001, a property tax relief bill that lowered the Englewood property
valuations upon which the City tax levy established by Ordinance No. 57 was based; and
WHEREAS, on November 8, 2016, Englewood citizens approved Ballot Issue No.
2C, approving the issuance of General Obligation bonds to construct a new Englewood
Police Department headquarters building and requiring the City to levy ad valorem
property taxes “sufficient in each year to pay the principal … and interest on such debt”;
and
WHEREAS, on the 3rd day of January, 2024, the City of Englewood received
updated property valuations as mandated by SB23B-001, and the mill levy of 2.100
established by Ordinance No. 57, Series of 2023 is insufficient to pay the principal and
interest on the General Obligation bonds issued under Ballot Issue No. 2C; and
WHEREAS, the City of Englewood is required to certify its tax levy to Arapahoe
County no later than January 10, 2024; and
WHEREAS, in order to comply with Ballot Issue No. 2C requiring a specific tax
levy and Englewood Charter 89 requiring the tax levy be set by ordinance, and to meet the
Arapahoe County mill levy certification deadline, the City of Englewood must adopt an
emergency ordinance for the immediate preservation of public property; and
WHEREAS, the following levy is permitted under Article X, Section 20 of the
Colorado Constitution without additional vote by the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
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Section 1. That there be and hereby is levied for the year of 2023, due and payable as
required by statute in the year 2024, a tax of 2.182 mills on the dollar for the Englewood
Police Headquarters General Obligation Bond Debt Service Fund of the City of
Englewood, Colorado.
That the levy hereinabove set forth shall be levied upon each dollar of the assessed
valuation of all taxable property within the corporate limits of the City of Englewood,
Colorado, and the said levy shall be certified by law.
Section 2. Unless specifically amended by Section 1 above, all other provisions of
Ordinance No. 57, Series of 2023, shall be in full force and effect and unchanged by this
Ordinance.
Section 3. Emergency Declaration. The City Council of the City of Englewood hereby
finds, determines and declares that an emergency exists under Charter 41, and that this
ordinance is necessary for the immediate preservation of public property, health, welfare,
peace or safety for the reasons enumerated in the introductory paragraphs of this ordinance,
which are incorporated into this Section 3 by reference. The City Council further
determines that the adoption of this ordinance as an emergency ordinance is in the best
interest of the citizens of the City of Englewood, and the only available avenue to comply
with voter directives, City Charter 89, and state-imposed deadlines for tax levy
certification.
Section 4. 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. 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.
C. 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.
D. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
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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.
Introduced and passed on first reading on the 8th day of January, 2024; and on second
reading, in identical form to the first reading, on the 9th 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
within seven days after final passage on the City’s official website for at least thirty (30)
days thereafter. The Ordinance shall become effective immediately upon final passage.
Stephanie Carlile
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