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HomeMy WebLinkAbout2024 Ordinance No. 018 1 ORDINANCE COUNCIL BILL NO. 6 NO. 18 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER WRIGHT AN ORDINANCE AUTHORIZING AN AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF SHERIDAN FOR THE PROVISION OF SUSTAINABILITY PROGRAM SERVICES WHEREAS, in 2020 the City of Englewood began the process of developing a comprehensive sustainability program; and WHEREAS, in 2021 the City of Englewood created the Englewood Sustainability Commission to provide community member input on programs and initiatives; and WHEREAS, in 2022 the City of Englewood hired a Sustainability Coordinator; and WHEREAS, the Sustainability Coordinator is responsible for implementing nine sustainability goals and over forty-five sustainability projects in the City of Englewood’s strategic plan; and WHEREAS, in 2022 the City of Sheridan expressed interest in developing a sustainability program, and contacted the City of Englewood relative to sharing the services of the City of Englewood Sustainability Coordinator; and WHEREAS, in 2023 the City of Englewood and the City of Sheridan entered into an Intergovernmental Agreement for the Provision of Sustainability Program Services; and WHEREAS, the Parties desire to amend the 2023 Intergovernmental Agreement to provide additional funding for a green business program, increase the amount paid to the City of Englewood, and extend the term of the Agreement; and WHEREAS, sharing sustainability program services would achieve economies of scale for both cities; 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. DocuSign Envelope ID: B71D9B91-4A4F-4632-9EF2-78D936208471 2 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 the First Amended Intergovernmental Agreement with the City of Sheridan for the Provision of Sustainability Program Services, 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 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. DocuSign Envelope ID: B71D9B91-4A4F-4632-9EF2-78D936208471 3 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 May, 2024; and on second reading, in identical form to the first reading, on the 20th day of May, 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: B71D9B91-4A4F-4632-9EF2-78D936208471