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HomeMy WebLinkAbout2024 Ordinance No. 037 1 ORDINANCE COUNCIL BILL NO. 38 NO. 37 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR A MEMORANDUM OF UNDERSTANDING REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES WHEREAS, the City Council of the City of Englewood approved the formation of a Downtown Development Authority pursuant to section 31-25-801 et. seq., of the Colorado Revised Statutes ("C.R.S."); and WHEREAS, the Englewood Downtown Development Authority ("EDDA") was formed by the passage of Ordinance No. 25, Series 2020, and approved by the voters in November 2020 for the purpose of promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood; and WHEREAS, by the passage of Ordinance No. 29, Series 2021, the City approved an Intergovernmental Agreement (IGA) for Downtown Development Authority Support and Services with the EDDA, in which the City agreed to provide the EDDA with information technology services, including access to the EDDA website, email, engagement, and video conferencing tools; and WHEREAS, the City hosts the EDDA website as part of the www.englewoodco.gov domain at www.englewoodco.gov/our-city/downtown- development-authority; and WHEREAS, following the Colorado General Assembly's passage of House Bill 21-1110 in 2021 and Senate Bill 23-244 in 2022, both Parties seek to comply with Colorado Technology Accessibility Rules adopted by the Governor's Office of Information Technology on February 23, 2024, at 8 C.C.R. 1501-11, Rules Establishing Technology Accessibility Standards (the "Accessibility Rules"); and WHEREAS, the Parties desire to enter into this MOU to formally authorize and govern how the City and EDDA will share resources in an effort to comply with the Accessibility Rules. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Docusign Envelope ID: 97D07C3B-65EC-4514-9B0B-AB935564C48F 2 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Englewood Downtown Development Authority for a Memorandum of Understanding Regarding Shared Digital Accessibility Resources, in the form substantially the same as that attached hereto. Section 2. 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. 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 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. 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 Docusign Envelope ID: 97D07C3B-65EC-4514-9B0B-AB935564C48F 3 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, and has authority to correct formatting and/or typographical errors discovered during codification. Introduced and passed on first reading on the 3rd day of September, 2024; and on second reading, in identical form to the first reading, on the 16th 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 Docusign Envelope ID: 97D07C3B-65EC-4514-9B0B-AB935564C48F