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HomeMy WebLinkAbout2025 Ordinance No. 018 1 ORDINANCE COUNCIL BILL NO. 15 NO. 18 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER PRANGE AN ORDINANCE APPROVING THE CITY’S APPLICATION TO BECOME A CERTIFIED LOCAL GOVERNMENT AND AUTHORIZING EXECUTION OF THE CERTFIED LOCAL GOVERNMENT AGREEMENT WITH THE STATE OF COLORADO WHEREAS, the City of Englewood enacted Ordinance No. 46 Series of 2023 on the 25th day of September, 2023, which included a new Title 16, Chapter 12, Historic Preservation, to preserve and protect the City’s historic buildings, structures, sites, landscapes and objects and make recommendations to City Council regarding such structures; and WHEREAS, the City of Englewood has established a Historic Preservation Commission of interested and professional citizens to identify, designate, preserve, protect and promote the City's history as exhibited by the historic built environment; and WHEREAS, the City of Englewood has determined that a system of survey and inventory of the historic built environment is an important tool for future planning; and WHEREAS, the City of Englewood wishes to foster public participation in its historic preservation activities; and WHEREAS, the City of Englewood believes that the Certified Local Government Program of the National Park Service and History Colorado provides support and guidance in meeting its local historic preservation goals, and qualifies those within the City of Englewood to receive funding to support those goals; and WHEREAS, the City of Englewood, Colorado is authorized under Article XIV, Section 18 of the Colorado Constitution and the Colorado Intergovernmental Relationships Act, C.R.S. § 29-1-201, et seq., to enter into intergovernmental agreements with other governmental entities to provide cooperative and coordinated services; and WHEREAS, pursuant to Englewood Home Rule Charter Section 79, such agreements shall be approved by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Authority to apply for, and enter into, Certified Local Government Agreement. Pursuant to and in accordance with the State Constitution, the Enabling Laws and this Ordinance, City Council hereby approves and authorizes the City of Englewood to submit an application for, and request designation as, a Certified Local Government, and to execute the Local Government Certification Agreement with Docusign Envelope ID: 2523A4A0-F540-4251-A0AF-A7B37B3FCC0D 2 the State of Colorado/History Colorado. The Agreement 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 additional actions as may be necessary to implement the Docusign Envelope ID: 2523A4A0-F540-4251-A0AF-A7B37B3FCC0D 3 provisions of this Ordinance, and has authority to correct formatting and/or typographical errors discovered during codification. Introduced and passed on first reading on the 7th day of April, 2025; and on second reading, in identical form to the first reading, on the 21st day of April, 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: 2523A4A0-F540-4251-A0AF-A7B37B3FCC0D