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HomeMy WebLinkAbout2024 Ordinance No. 008 1 BY AUTHORITY ORDINANCE NO. 8 COUNCIL BILL NO. 5 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO, COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD FOR THE DARTMOUTH TRAFFIC CALMING CORRIDOR PROJECT #FSA M395-022 (24186) WHEREAS, the Colorado Department of Transportation (CDOT) administers federal and state funds to provide monies for the development of enhanced transportation projects throughout the State of Colorado; and WHEREAS, CDOT currently administers Fixing America’s Surface Transportation Act (FAST Act) which allocates certain federal funds for transportation projects requested by Local Agencies and eligible under the Surface Transportation Improvement Program (Program); and WHEREAS, the State is responsible for the general administration and supervision of the performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State; and WHEREAS, City Council previously authorized the City’s participation in the Program by an Intergovernmental Agreement between the State of Colorado and the City by Ordinance 17, Series 2021 authorizing the provision of Federal funds for the construction of the Dartmouth Traffic Calming Corridor Project; and WHEREAS, the City and the State now desire to amend the Intergovernmental Agreement to revise the scope of work for the project and to increase the total budgeted funds from $1,200,000.00 to a new total budgeted funds of $2,165,800.00, resulting in the City contributing $87,800.00 of additional funds; 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; and DocuSign Envelope ID: DBED3998-DCFC-4371-8F3D-31E0E805BD9D 2 WHEREAS, the passage of this Ordinance will authorize an Amended Intergovernmental Agreement and authorize the Colorado Department of Transportation (CDOT) to release the federal funds for the Dartmouth Traffic Calming Corridor Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Amended Intergovernmental Agreement entitled Dartmouth Traffic Calming Corridor Project # FSA M395-022 (24186) with the State of Colorado, in the form substantially the same as that attached hereto. Section 2. 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 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 DocuSign Envelope ID: DBED3998-DCFC-4371-8F3D-31E0E805BD9D 3 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, including to accept Federal Funds administered through the Colorado Department of Transportation for and on behalf of the City of Englewood, Colorado. 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 19th day of February, 2024; and on second reading, in identical form to the first reading, on the 4th day of March, 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: DBED3998-DCFC-4371-8F3D-31E0E805BD9D