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HomeMy WebLinkAbout2025 Ordinance No. 013ORDINANCE NO. 13 COUNCIL BILL NO. 10 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER WRIGHT AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE LOANS FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY FOR THE PURPOSE OF FINANCING WATER CAPITAL IMPROVEMENTS AS PART OF THE CITY’S ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT WHEREAS, the City of Englewood, Colorado, is a home rule municipal corporation duly organized and operating under Article XX of the Constitution of the State of Colorado and the Charter of the City of Englewood; and WHEREAS, pursuant to Article XIII of the Englewood Home Rule Charter, the City owns and operates a public water system, including water and water rights, which system has historically been operated as a self-supporting governmental enterprise and is known as the “Water Utility Enterprise” of the City; and 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, the CWRPDA loan supports critical infrastructure projects, including the modernization of drinking water treatment and conveyance systems, the replacement of outdated electrical and control systems, the replacement of lead service lines, improvements to metering processes, and the initiation of a water reuse program; and WHEREAS, since closing on the CWRPDA loan, Utilities staff has worked with the CWRPDA to expand the project scope, requiring an amendment to the CWRPDA loan agreement to reflect these changes; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the proposed amendment to the CWRPDA loan agreement; and WHEREAS, staff seeks Council approval to execute the First Amendment to the CWRPDA loan agreement to incorporate the revised project scope. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Approval of First Amendment to CWRPDA Loan Agreement. Pursuant to and in accordance with the State Constitution, the Enabling Laws and this Ordinance, City Council hereby approves and authorizes the execution of an Amendment No. 1 to the Docusign Envelope ID: 0C778C71-0A9B-442F-A719-147E14412309 2 4890-6227-3454.1 ("Drinking Water (“DW”) State Revolving Fund (“SRF”) Revenue Bond 2024 Series B Leveraged Loan Agreement dated as May 1, 2024, which shall be in substantially the same form as that attached hereto. 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 Docusign Envelope ID: 0C778C71-0A9B-442F-A719-147E14412309 3 4890-6227-3454.1 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. 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