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HomeMy WebLinkAbout2025 Ordinance No. 0391 ORDINANCE COUNCIL BILL NO. 40 NO. 39 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER WRIGHT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF LITTLETON REGARDING TREE MITIGATION AND COST-SHARING FOR THE REMOVAL OR PRESERVATION OF THE SLAUGHTERHOUSE GULCH FLUME IN CONNECTION WITH THE CITY DITCH PIPING PROJECT. WHEREAS, the City of Englewood (the “City”) is undertaking the City Ditch Piping Project to improve the City’s raw water supply system by piping the remaining 2.5 miles of open ditch; and WHEREAS, construction of Reach 3 of the City Ditch Piping Project, located primarily on property owned by the City of Littleton (“Littleton”), is scheduled to commence in the summer of 2025; and WHEREAS, to facilitate construction in Reach 3, the City and Littleton have entered into a separate Relinquishment and Grant of Easements agreement, which grants the City easement rights for the new ditch alignment and relinquishes easement rights to Littleton for portions of the existing areas of City Ditch that are to be abandoned; and WHEREAS, to further define each party’s roles and responsibilities for the City Ditch Piping Project in Reach 3, the City and Littleton have prepared an Intergovernmental Agreement (“IGA”), which includes (a) payment by the City of a tree mitigation fee in the amount of $216,500; and (b) reimbursement to Littleton in an amount not to exceed $100,000 for costs incurred to either preserve the Slaughterhouse Gulch flume in place or remove it; and WHEREAS, the Water and Sewer Board reviewed and recommended approval of the IGA at its July 8, 2025, meeting; and WHEREAS, City Council finds that entering into the revised IGA is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement between the City of Englewood and the City of Littleton regarding the City Ditch Piping Project, in substantially the form attached hereto and incorporated herein by reference, and on file a copy with the Office of the City Clerk. Section 2. General Provisions Docusign Envelope ID: 625009C9-D2C3-464D-A3C1-4CECA99483A6 2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 the authority to correct formatting and/or typographical errors. Docusign Envelope ID: 625009C9-D2C3-464D-A3C1-4CECA99483A6 3 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 July, 2025; and on second reading, in identical form to the first reading, on the 18th day of August, 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: 625009C9-D2C3-464D-A3C1-4CECA99483A6