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HomeMy WebLinkAbout2025 Ordinance No. 005 ORDINANCE COUNCIL BILL NO. 3 NO. 5 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER RUSSELL AN ORDINANCE AMENDING TITLE 4 CHAPTER 3 OF THE ENGLEWOOD MUNICIPAL CODE CONCERNING SPECIAL FUNDS TO REFLECT CURRENTLY BUDGETED AND UTILIZED CITY SPECIAL FUNDS. WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, in the last 40 years, Englewood City government and operations have evolved and improved with technology, legal changes, and operational best practices to meet the needs of the City; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to ensure it reflects current City practices and applicable law, and to propose revisions for clarity and ease of understanding; and WHEREAS, as part of this project, City staff concluded that Title 4 Chapter 3 describing City Special Funds does not accurately reflect the current name or functions of all special funds currently budgeted by City Council and utilized by City staff; and WHEREAS, City Council desires to amend Title 4 Chapter 3 to reflect the Special Funds authorized by City Council during the budgeting process and utilized by the City Finance Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 4, Chapter 3. The Sections provided below within Title 4, Chapter 3 of the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 4-3-1: - Revenue Sharing Fund. A. There is hereby established, a special fund of the City, to be known as the Revenue Sharing Fund. There shall be credited to said Fund all receipts from the following sources: 1. Distribution of revenue sharing from the Federal treasury. 2. All interest earned on monies held in said Fund. 3. All miscellaneous reimbursements and receipts which relate to said Fund. B. Expenditures from said Fund may be for the following purposes: 1. Ordinary and necessary maintenance and operating expenses for. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF a. Public safety (including law enforcement, fire protection and Building Code enforcement); b. Environmental protection (including sewage disposal, sanitation and pollution abatement); c. Public transportation (including transit systems and streets and roads); d. Health; e. Recreation; f. Libraries; g. Social services for the poor or aged; and h. Financial administration. 2. Ordinary and necessary capital expenditures authorized by law. (Code 1985, § 4-3-1) 4-3-1: - Employee Benefits Fund. There is established an Employee Benefits Fund. This fund shall receive allocations from each departmental budget to finance and account for costs related to employee benefits, including medical, dental and other employee insurance coverages, retiree health assistance benefits, workers compensation and any supplemental disability benefits, and related insurance claims and management. 4-3-2: - Intragovernmental Service Capital Equipment Replacement Fund. There is established a Capital Equipment Replacement as a special fund of the City to be known as the Intragovernmental Service Fund. This fund shall receive allocations from departmental budgets that utilize the City’s vehicle fleet, and the fund shall be utilized to finance and account for costs related to fleet vehicle replacement. This Fund shall be used to finance and account for services and commodities furnished by a designated agency of the City governmental unit to other departments of the same governmental unit. A. There shall be credited to said special adjustment Fund all receipts from the following sources: 1. All charges made by the designating service agency to the departments of the City governmental unit. 2. Other miscellaneous receipts which relate to services or commodities furnished by a designated agency. B. Expenditures from the said special Fund may be for personal services, supplies, contractual services and capital outlay as required in the operation of the designated agency. (Code 1985, § 4-3-2) 4-3-3: - ServiCenter Fund. There is established a ServiceCenter Fund. This fund shall receive allocations from departmental budgets that utilize the City’s vehicle fleet, and the fund shall be utilized to finance and account for costs related to providing fleet vehicle maintenance, repairs and fuel. 4-3-3: - Parks and Recreation Commission Fund. A. Source. There is hereby created a special fund of the City to be known as the Parks and Recreation Commission Fund to which shall be credited all gifts, bequests, devices and donations Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF for the benefit of the Parks and Recreation Commission, receipts from charges by the Commission for services, allocations to the Commission by the City from its tax and revenue sources, and all other funds from whatsoever source derived for the specific uses and purposes of said Commission. B. Expenditures. Expenditures shall be made from the Parks and Recreation Commission Fund for the purpose of the dissemination by the Parks and Recreation Commission in the promotion and development of parks and recreation for the City in cooperation with School District No. 1, Arapahoe County, Colorado. Appropriations may be made from time to time for the aforesaid purpose by the City Council. (Code 1985, § 4-3-3) 4-3-4:- Parks and Recreation Foundation Trust Fund. There is hereby established an special fund of the City, known as the "Englewood Parks and Recreation Foundation Trust Fund," a Trust Fund for the use and benefit of the programs and facilities of Englewood Parks, and Recreation, Library and Golf Department,. and/or within Englewood parks. A. Trustees Appointment. The Englewood Parks and Recreation Commissioners are appointed as trustees of the Parks and Recreation funds as part of their Commission duties and shall serve during their tenure as Commissioners. B. Trust Funds. The fund shall include aAll gifts, bequests, donationscontributions, grants, allocations by the City from tax and revenue sources, and all other funds from whatsoever source derived for the specific uses and purposes of said fund, plus and all investments and earnings thereof, from whatever lawful sources, together with all accumulations, accruals, earnings, and income with respect thereto delivered to the Parks and Recreation Foundation Trust Fund. The fund shall be expended pursuant to any applicable restrictions and held "in trust" for the use and benefit of developing and/or expanding recreational facilities, providing improved and expanded programs and facilities for the Englewood Parks, and Recreation, Library and Golf Department, and/or within Englewood parks through the Trust Fund hereby established. C. Management of the Trust Fund. 1. The officio City Finance DirectorTreasurer, shall manage the day-to-aday investment policy of the Trust Fund. 2. Reserved. 3. Reserved. 4. The costs of servicing the Trust Fund shall be approved by City Council as an expense of the Trust Fund. 35. The trustees shall have such other power as is necessary to carry out the purpose of the Trust. 46. The Trust Fund shall be managed in accordance with the applicable requirements of the Home Rule Charter, ordinances of the City and State Finance Law. 57. The Trust Fund may be terminated by City Council; however, any funds in the Trust Fund shall be distributed exclusively for the purpose of the Englewood Parks, and Recreation, Library and Golf Department and/or within Englewood parks. D. Gifts, bequests, grants, donations, contributions and devises of property made exclusively for the public purpose herein described are considered charitable contributions under the Internal Revenue Code and the laws of the State of Colorado. (Code 1985, § 4-3-4; Ord. 00-7, § 25) Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 4-3-6: - Special Revenue Housing Authority Fund. This Fund shall be used to receive monies from all sources for and on behalf of the City Housing Authority and expended for authorized purposes of said Housing Authority. A. Monies from all sources shall be credited to the Fund and the City shall maintain a proper system of accounting to adequately fulfill the requirements of any city, state, or federal law for the existence of such Fund. B. Expenditures from the said special Fund may be made upon written authorization from the proper officer of the Housing Authority as directed by such Housing Authority. (Code 1985, § 4-3-6; Ord. 00-7, § 27) 4-3-7: - Risk ManagementSelf-Insurance Fund. There is hereby established a special fund of the City to be known as the Risk Management Self- Insurance Fund. This Fund shall be used to finance and account for those items related to insurance, self-insurance, premiums and deductibles, litigation, safety, and claims, except employee benefits under EMC § 4-3-1. of an insurable nature as hereinafter set forth. A. There shall be credited to said special Fund all receipts from the following sources: 1. All charges made by the Fund to other departments of the governmental unit to provide employee benefit insurable items, property casualty insurable items or miscellaneous insurable items. 2. Miscellaneous receipts such as, but not restricted to, refunds, dividends, interest income and other receipts related to the transactions of the Fund. 3. The present value of future twenty percent (20%) supplemental disability benefits previously awarded by and financed through the Firefighters' Benefit Fund. B. Expenditures from said special Fund may be for the following purposes: 1. Payments to provide benefits to employees which are self-insured by the City. 2. Payments to insurance companies to provide insurance coverage for insurance policies deemed advisable by the City. 3. Payments relating to providing of services normally covered by insured programs. 4. Payments to other parties as a result of self-insurance of any coverage. 5. Payments to police officers for the twenty percent (20%) supplemental disability benefits described in Title 3, Chapter 7, Section 2, of the Englewood Municipal Code 2000. 6. Payments to firefighters for the twenty percent (20%) supplemental disability benefits described in Title 3, Chapter 8, Section 1, subsection 3, of the Englewood Municipal Code 2000. 7. Other payments as deemed advisable given the nature of the Fund. (Code 1985, § 4-3-7) 4-3-8: - South Platte RenewBi-City Treatment Plant Fund. There is hereby established a special fund of the City to be known as the South Platte Renew Bi- City Sewer Treatment Plant Fund. This Fund shall be used to finance and account for items relating to the operation and maintenance of the South Platte Renew facility Bi-City sewer treatment plant as established and operated by set forth in that certain intergovernmental agreements contract between the Cities of Englewood and Littleton, Colorado dated June 21, 1973, approved by Ordinance No. 18, Series of 1973. A. There shall be credited to said special Fund all receipts from the following sources: Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 1. All fees or charges made for the use of the South Platte Renew facilitysewage treatment plant facilities. 2. Miscellaneous receipts such as, but not restricted to, refunds and interest income. B. Expenditures from the said special Fund may be for payments for personal services, supplies, contractual source and capital outlay necessary for the operation of South Platte Renew the Bi-City Sewer Treatment Plant Fund. (Code 1985, § 4-3-8) 4-3-10: - Capital ProjectsSpecial Construction Fund. There is hereby established a special fund of the City to be known as the "Capital Projects Special Construction Fund." This fund shall be used to finance items relating to special construction projects. A. There may be credited to said special Fund revenues from the following sources: contributions from established City revenue sources. Such contributions may be made periodically. B. Expenditures from the said special Fund may be used for the following purpose: to finance and/or offset costs that are necessary for special construction projects. (Code 1985, § 4-3-10) 4-3-11: - Environmental Fund. There is hereby established a special fund of the City of Englewood to be known as the "Environmental Fund." This fund shall be used to finance items relating to environmental and recycling projects. A. There may be credited to said special fund revenues from the following sources: 1. Revenues from environmental and recycling projects and grants. B. Expenditures from the said special fund may be used for the following purpose: 1. To finance and/or offset costs that are necessary for environmental and recycling projects. (Code 1985, § 4-3-11) 4-3-12: - Emergency Reserve Fund. There is hereby established an Emergency Reserve Fund for the purpose of complying with Amendment 1 (Article X, Section 20 of the Colorado Constitution). (Code 1985, § 4-3-12) 4-3-613: - Housing Rehabilitation Fund. There is hereby established a special fund of the City of Englewood to be known as the "Housing Rehabilitation Fund." This fund shall be used to provide for housing rehabilitation activities in the City of Englewood, Colorado. Except as specifically amended above, all other provisions and sections of Title 4 Chapter 3 of Englewood Municipal Code shall remain unchanged, and in full force and effect. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 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. 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. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 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