HomeMy WebLinkAbout2024 Ordinance No. 032
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ORDINANCE COUNCIL BILL NO. 34
NO. 32 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER ANDERSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION
DISTRICT AND THE CITY OF ENGLEWOOD FOR FUNDING
AGREEMENT FOR RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES OF CITY OF ENGLEWOOD
SHUTTLE SERVICE IMPROVEMENTS
WHEREAS, the Regional Transportation District (“RTD”) is authorized by the
Regional Transportation District Act, C.R.S. §§ 32-9-101, et seq. (the “RTD Act”), to
develop, maintain, and operate a mass transportation system for the benefit of the
inhabitants of its District, as defined by the RTD Act; and
WHEREAS, RTD currently operates a variety of fixed-route bus, light rail, and
other transit services in and around the City of Englewood; and
WHEREAS, the City of Englewood provides certain transit services that provide
mobility and access to the business and residential areas in and around the City; and
WHEREAS, the services that the City of Englewood provides supplement RTD
service and provide added mobility for the general public working and living in the City;
and
WHEREAS, since 2004 the City of Englewood has entered into multiple
Intergovernmental Agreements with RTD pertaining to City operated shuttle services;
and
WHEREAS, the Englewood City Council approved Ordinance No. 19, Series
2024, authorizing an Intergovernmental Agreement with RTD regrading funding of
Englewood shuttle operations; and
WHEREAS, the City of Englewood applied for and was awarded a grant through
the RTD Partnership Program; and
WHEREAS, the RTD Partnership Program grant will allow the City of
Englewood to improve shuttle service and acquire new vehicles; and
WHEREAS, the RTD Partnership Program grant would provide the City of
Englewood with $900,000.00 in total grant funds, providing $300,000.00 annually in
2024, 2025, and 2026; and
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WHEREAS, the passage of this Ordinance will authorize the City of Englewood
to enter into an Intergovernmental Agreement with RTD for the Partnership Program
grant; 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.
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 of the Intergovernmental Agreement for Funding Agreement for RTD Funding
of Local Transportation Services of City of Englewood Shuttle Service Improvements
between the Regional Transportation District and the City of Englewood, Colorado, 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 19th day of August, 2024; and on second
reading, in identical form to the first reading, on the 3rd day of September, 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
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