HomeMy WebLinkAbout2024 Ordinance No. 0541
ORDINANCE NO. 54 COUNCIL BILL NO. 50
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE ESTABLISHING STORMWATER UTILITY AND
ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12,
CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the
collection of a storm drainage service charge for those purposes set forth within Section 4(B); and
WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal
Code authorizes the Englewood City Council to establish stormwater utility and enterprise fund
charges for storm drainage services through ordinance, with such charges incorporated into the
City’s Rate and Fee Schedule; and
WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds
all property owners that floods from stormwater runoff may occasionally occur which exceed the
capacity of stormwater facilities constructed and maintained by funds made available under that
Chapter, that property liable for the fees and charges established by that Chapter will not always
be free from flooding or flood damage, and that Chapter does not purport to reduce the need or
the necessity for the owner obtaining flood insurance.
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 the
adoption of the following stormwater utility and enterprise fund fees in accordance with Title
12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to become
effective January 1, 2025:
MONTHLY
STORMWATER
FEE
Residential = $21.66 monthly
Commercial = $0. 018 per square foot of impervious
surface or $21.66 monthly, whichever is greater
Section 2. General Provisions Applicable to this Ordinance
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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 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.
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Introduced and passed on first reading on the 21st day of October, 2024; and on second reading, in
identical form to the first reading, on the 4th day of November, 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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