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HomeMy WebLinkAbout2025 Ordinance No. 015ORDINANCE NO. 15 COUNCIL BILL NO. 13 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER WRIGHT AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES 2024, TO UPDATE DESIGNATED REPRESENTATIVES AUTHORIZED TO COORDINATE WITH THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY REGARDING FINANCIAL ASSISTANCE MATTERS WHEREAS, on April 22, 2024, the City Council of the City of Englewood adopted Ordinance No. 11, Series of 2024, authorizing the City to, among other things, enter into a loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA) under the federal Safe Water Drinking Act to finance capital improvements under the City’s One Water Modernization Program – Water Utility System Project; and WHEREAS, Ordinance No. 11, Series of 2024 designated Tim Hoos — Deputy Director — Engineering and Asset Management; Brittany Payton, Business Support Specialist; Kevin Engels, Director of Finance; and Christine Hart, Accounting Supervisor as Authorized Officers to represent the City regarding taking action on the loan agreement such as executing loan documents and pay requests for the water projects for construction grants and loans; and WHEREAS, the Utilities Department seeks to update the designated Authorized Officers by removing Tim Hoos and Brittany Payton as Authorized Officers and designating Pieter Van Ry, Director of the Utilities Department, and Sarah Stone, Deputy Director, as the new Authorized Officers to act on behalf of the City on all financial matters associated with the loan agreement administered by the Colorado Water Resources and Power Development Authority; and WHEREAS, the updated designation of Authorized Officers ensures the efficient administration of financial assistance agreements, aligns with departmental leadership roles overseeing the agreement, and promotes continuity in the City’s water infrastructure financing efforts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 11, Series of 2024, is hereby amended to reflect the following changes: • Tim Hoos — Deputy Director — Engineering and Asset Management and Brittany Payton — Business Support Specialist, are removed as Authorized Officers. • Pieter Van Ry, Director of the Utilities Department, and Sarah Stone, Deputy Director, are hereby designated as Authorized Officers to sign deliverable documents on behalf of the City on all financial matters associated with grants and loans administered by the Colorado Water Resources and Power Development Authority. Docusign Envelope ID: 0C778C71-0A9B-442F-A719-147E14412309 • Kevin Engels, Director of Finance and Christine Hart, Accounting Supervisor shall remain as designated Authorized Officers. 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 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. Docusign Envelope ID: 0C778C71-0A9B-442F-A719-147E14412309 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 17th day of March, 2025. Joe Anderson, Mayor Pro Tem 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: 0C778C71-0A9B-442F-A719-147E14412309