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HomeMy WebLinkAbout2025 Ordinance No. 024 1 ORDINANCE COUNCIL BILL NO. 24 NO. 24 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER PRANGE AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 12-1B-11 TO REMOVE OBSOLETE CODE REFERENCE WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to correct typographical errors, remove obsolete dates, ensure it reflects current City practices and applicable law, make gender silent to reflect the makeup of today’s work force, and to propose revisions for clarity and ease of understanding; and WHEREAS, City staff identified necessary updates to EMC Section 12-1-B-11 to comply with this directive by removing an obsolete code reference and instead clarifying that City Council sets the pavement replacement fee, and providing for the fee currently charged; and WHEREAS, City Council finds it in the best interest of the City to amend EMC Section 12-1B-11 accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Section 12-1B-11. The Englewood Municipal Code Section 12-1B-11 is hereby amended to read as follows (new provisions underlined; and deleted provisions crossed through): 12-1B-11: Street Cuts. Any Plumbing Contractor who shall make a cut or excavation in a street for the purpose of installing a service pipe shall first obtain a permit from the City and shall pay the charges established by City Council EMC § 11-3C-3 to cover replacement of the pavement or other surfacing. Section 2. Fee Amount Established The charges referenced in EMC § 12-1B-11 as amended above shall be included in the City of Englewood’s comprehensive schedule of fees and rates, and shall be the same rate Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 2 currently charged under this section for the Public Works asphalt patch fee under EMC § 11- 7-6 as follows: Department Type Description Details Fee Authorization 2025 Fee Utilities Permit/Service Surfacing replacement Cost per square foot 12-1B-11 $15.00 City Council may revise these initial fees by any official action, including by motion, resolution, or ordinance. Section 3. 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. Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 3 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. 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 21st day of April, 2025; and on second reading, in identical form to the first reading, on the 19th day of May, 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: 2F175550-D763-411D-932D-87A7FC4B80A8