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HomeMy WebLinkAbout2025 Ordinance No. 007 ORDINANCE COUNCIL BILL NO. 5 NO. 7 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, GRANT NO. 2023-DJ-24-02-32-1 WHEREAS, The Edward Byrne Memorial Justice Assistance Grant Program, offered through the Bureau of Justice Assistance (BJA), is aimed to promote working partnerships between federal, state, and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system; and WHEREAS, the Englewood City Council previously authorized the application for and acceptance of Justice Assistance Grants (JAG) with the passage of Ordinance No. 49, Series of 2008; Ordinance No. 12, Series 2009; and Ordinance No. 27, Series of 2009; Ordinance No. 16, Series of 2010; Ordinance No. 33, Series of 2011; Ordinance No. 24, Series of 2012; and Ordinance No. 36, Series of 2013; and WHEREAS, the award is based upon a congressionally mandated JAG formula which is based on the State’s share of violent crime and population, and Englewood receives an amount based on the City’s proportion of the State’s three-year violent crime average; and WHEREAS, the Justice Assistance Grant is a non-matching grant for 2025, awarding the City of Englewood Eighty-six Thousand Dollars ($86,000); and WHEREAS, the JAG funding will be used to amplify diversion opportunities for youth and adult defendants through the Municipal Court Restorative Justice program as well as improve access to resources and tools for adult defendants through court navigation and Community Justice Services, especially those in underserved communities including the unhoused, indigent, those with financial, food, health and transportation instability and any individuals with limited access to the tools needed to be successful navigating the courts; and WHEREAS, the Justice Assistance Grant incorporates funds from the U.S. Department of Justice. 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 Justice Assistance Grant from Edward Byrne Justice Assistance Grant Program, in the form substantially the same as that attached hereto. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 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 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. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 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 3rd day of February, 2025; and on second reading, in identical form to the first reading, on the 18th day of February, 2025. 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: 17072458-BE5E-40D7-A4ED-830F19AB94BF