HomeMy WebLinkAbout2025 Ordinance No. 0091
ORDINANCE NO. 9 COUNCIL BILL NO. 6
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE REPEALING ENGLEWOOD MUNICIPAL CODE
TITLE 4, CHAPTER 8, EMERGENCY TELEPHONE SERVICE
AUTHORITY.
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 reviewed Title 4, Chapter 8 Emergency
Telephone Service Authority, and concluded it is: (1) unnecessarily duplicative of the City
Intergovernmental Agreement creating the Authority, now known as the E-911 Authority, (2) it
conflicts with said IGA and the authority granted to the Authority, in that it does not accurately
reflect the current charges paid for 911 services, and (3) because the City does not charge, hold, or
disburse the funds, this is not an appropriate provision for inclusion within Englewood Municipal
Code; and
WHEREAS, City Council desires to repeal Title 4 Chapter 8 to remove these unnecessary
and inaccurate provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment to Englewood Municipal Code. To eliminate unnecessary,
outdated, and factually incorrect provisions of Englewood Municipal Code, Title 4 Chapter 8 is
hereby repealed in full (new provisions underlined, deleted provisions struck through):
Chapter 8 - EMERGENCY TELEPHONE SERVICE AUTHORITY RESERVED
4-8-0: - Emergency Telephone Service Authority.
The Emergency Telephone Service Authority created by intergovernmental agreement funding
shall be as provided below.
(Code 1985, § 4-8-0)
4-8-1: - Definitions.
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As used in this Section, unless the context otherwise requires.
Emergency Telephone Charge: A charge to pay the equipment costs, the installation costs, and
the directly related costs of the continued operation of an emergency telephone service according
to the rates and schedules filed with the Public Utilities Commission, if applicable.
Emergency Telephone Service: A telephone system utilizing the single three-digit
number 911 for reporting police, fire, medical, or other emergency situations.
Equipment Supplier: Any person providing telephone or other equipment necessary for an
emergency telephone service to any public agency or governing body in this State, through lease
or sale.
Exchange Access Facilities: The access, as defined in the tariffs approved by the Public Utilities
Commission, from a specific customer's premises to the telecommunications network to effect
the transfer of information.
Governing Body: The Board of County Commissioners of a county or the city council or other
governing body of a city, city and county, or town or the board of directors of a special district.
Person: Any individual, firm, partnership, copartnership, joint venture, association, cooperative
organization, corporation (municipal or private and whether organized for profit or not),
governmental agency, state, county, political subdivision, state department, commission, board,
or bureau, fraternal organization, nonprofit organization, estate, trust, business or common law
trust, receiver, assignee for the benefit of creditors, trustee, or trustee in bankruptcy or any other
service user.
Public Agency: Any city, city and county, town, county, municipal corporation, public district, or
public authority located in whole or in part within this State which provides or has the authority
to provide fire fighting, law enforcement, ambulance, emergency medical, or other emergency
services.
Service Supplier: Any person providing exchange telephone services to any service user in this
State.
Service User: any person who is provided exchange telephone service in this State.
Tariff Rates: The rates billed by a service supplier, as stated in the service supplier's tariffs,
which rates have been approved by the Public Utilities Commission and which represent the
service supplier's recurring charges for exchange access facilities or their equivalent, exclusive of
all taxes, fees, licenses, or similar charges.
(Code 1985, § 4-8-1)
4-8-2: - Imposition of Charge; Liability of User for Charge; Collection; Uncollected
Amounts.
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A. A fee is hereby imposed upon all telephone exchange access facilities within the City in
the amount of twenty-eight cents ($0.28) per month; provided, however, that no such charge
shall be imposed on more than one hundred (100) exchange access facilities per customer.
B. Telephone service suppliers providing telephone service in the City are hereby authorized
to collect the emergency telephone charge imposed by this Section in accordance with the
Colorado Revised Statutes.
C. Said charge shall be effective May 1, 1989.
(Code 1985, § 4-8-2)
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.
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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 18th day of February, 2025; and on second reading,
in identical form to the first reading, on the 3rd day of March, 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
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