HomeMy WebLinkAbout2024 Ordinance No. 005
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ORDINANCE NO. 5 COUNCIL BILL NO. 3
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
RESOURCE RECYCLING SYSTEMS, INC., THE CITY OF
CENTENNIAL, THE CITY OF SHERIDAN, AND THE CITY OF
LITTLETON FOR FRONT RANGE WASTE DIVERSION BOARD
TECHNICAL ASSISTANCE SERVICE PROVIDER
MEMORANDUM OF UNDERSTANDING BETWEEN RESOURCE
RECYCLING SYSTEMS, INC. AND CENTENNIAL,
ENGLEWOOD, SHERIDAN, AND LITTLETON
WHEREAS, Section 25-16.5-111 C.R.S. created the Front Range Waste
Diversion (FRWD) Program; and
WHEREAS, the FRWD program provides grants and technical assistance to
local governments to increase waste diversion and reduction through the development
and implementation of policy; and
WHEREAS, the Colorado Department of Public Health and Environment
(CDPHE) administers the FRWD program; and
WHEREAS, Resource Recycling Systems, Inc. has contracted with CDPHE to
provide services under the FRWD program; and
WHEREAS, the City of Englewood, the City of Centennial, the City of Sheridan,
and the City of Littleton seek to cooperate in waste diversion and reduction by entering
into a memorandum of understanding to receive technical assistance for the development
and implementation of a waste diversion plan; and
WHEREAS, the FRWD program will provide the cities with technical consulting
under the FRWD Technical Assistance Service Provider Program under contract number
2023*2806; and
WHEREAS, the FRWD program will provide a comprehensive analysis of waste
services in the cities and develop strategies for improved waste management within the
South Metro Area; and
WHEREAS, as part of the FRWD Program a memorandum of understanding
between the various entities is required; and
WHEREAS, the passage of this ordinance will authorize the City of Englewood
to enter into a memorandum of understanding regarding the Front Range Waste
Diversion Board Technical Assistance Service Provider Memorandum of Understanding
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between Resource Recycling Systems, Inc. and Centennial, Englewood, Sheridan, and
Littleton.
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 Resource Recycling
Systems, Inc., City of Centennial, City of Sheridan, and City of Littleton for Front Range
Waste Diversion Board Technical Assistance Service Provider Memorandum of
Understanding Between Resource Recycling Systems, Inc. and Centennial, Englewood,
Sheridan, and Littleton, in the form substantially the same as that attached hereto.
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 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
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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 5th day of February, 2024; and on second
reading, in identical form to the first reading, on the 19th day of February, 2024.
Othoniel Sierra, Mayor
ATTEST:
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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
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