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HomeMy WebLinkAbout2025 Ordinance No. 0431 ORDINANCE COUNCIL BILL NO. 44 NO. 43 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER ANDERSON AN ORDINANCE AUTHORIZING A COMPLIANCE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY AND COUNTY OF DENVER BOARD OF WATER COMMISSIONERS FOR THE EMERGENCY INTERCONNECTIONS PROJECT. WHEREAS, the Englewood City Council previously approved Ordinance 3, Series 2023, authorizing an Intergovernmental Agreement between the City of Englewood (“City”) and the City of Englewood and the City and County of Denver Board of Water Commissioners (“Denver Water”), for the Emergency Interconnections Project; and WHEREAS, the Emergency Interconnections Project will provide a critical backup water supply to the City in the event of an operational disruption at the City’s Allen Water Treatment Plant; and WHEREAS, the City contracted with Jacobs Engineering Group Inc. to complete the project design, which has been finalized and is ready for acceptance by Denver Water; and WHEREAS, Denver Water requires the City to enter into a Compliance Agreement to establish the City’s obligations for design and construction review and to ensure adherence to Denver Water’s design and construction standards for the Emergency Interconnections Project; and WHEREAS, the Compliance Agreement further requires payment of $2,340 in review and inspection fees to support Denver Water’s timely initiation of plan review activities; and WHEREAS, the Water and Sewer Board reviewed the Compliance Agreement at its August 12, 2025 meeting and recommended approval by City Council; and WHEREAS, City Council finds that entering into the Compliance Agreement with Denver Water is in the best interest of the City and its residents, as it facilitates timely construction of the Emergency Interconnections Project and ensures compliance with applicable design and construction requirements. 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 Agreement titled “Agreement to Comply with Denver Water Plan Review Responsibilities” between the City of Englewood and the City and County of Denver Board of Water Commissioners, for Docusign Envelope ID: DEDE787F-DFBE-45F0-9D76-15F4000C5837 2 Project No. 22519, a copy of which is on file with the City Clerk, in the form substantially the same as that attached hereto. Section 2. General Provisions 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 Docusign Envelope ID: DEDE787F-DFBE-45F0-9D76-15F4000C5837 3 necessary to implement the provisions of this Ordinance, and has the authority to correct formatting and/or typographical errors. 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 August, 2025; and on second reading, in identical form to the first reading, on the 15th day of September, 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: DEDE787F-DFBE-45F0-9D76-15F4000C5837