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HomeMy WebLinkAbout2025 Ordinance No. 061 1 ORDINANCE NO. 61 COUNCIL BILL NO. 64 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER PRANGE AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT AND THE CITY OF LITTLETON FOR A PFAS GRANT AWARD WHEREAS, the City of Englewood (“Englewood”) jointly owns and operates the South Platte Renew (“SPR”), together with the City of Littleton (collectively, the “Cities”); and WHEREAS, the Colorado Department of Public Health & Environment (“CDPHE”) has awarded the Cities a Per- and Polyfluoroalkyl Substances (“PFAS”) Grant in the amount of $100,000 to support the Biosolids Land Application – PFAS Transport and Risk Evaluation Project (“Project”); and WHEREAS, the Cities and SPR have actively monitored PFAS concentrations in biosolids produced at SPR, and Colorado’s interim PFAS strategy requires continued monitoring, assessment, and research to support future regulatory decisions; and WHEREAS, the Project will expand ongoing research with Colorado State University and Brown and Caldwell to evaluate PFAS presence, migration potential, and associated risks in areas with historical biosolids land application; and WHEREAS, the SPR Supervisory Committee reviewed and approved the proposed Intergovernmental Agreement (“IGA”) at its meeting on September 25, 2025, and recommended that the Cities proceed with Council consideration and approval; and WHEREAS, the City Council finds that entering into the IGA is in the best interests of the City, promotes regulatory compliance, supports long-range biosolids management and PFAS research, and aligns with the City’s strategic priority of supporting effective water renewal treatment and infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement between the Cities of Englewood and Littleton and the Colorado Department of Public Health & Environment for a PFAS Grant Award in the amount of $100,000, in substantially in the form accompanying this ordinance. Section 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 Docusign Envelope ID: 809BE7C4-8B2C-4F4C-85C9-EC5FCD09B27C 2 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 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. Docusign Envelope ID: 809BE7C4-8B2C-4F4C-85C9-EC5FCD09B27C 3 Introduced and passed on first reading on the 1st day of December, 2025; and on second reading, in identical form to the first reading, on the 15th day of December, 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: 809BE7C4-8B2C-4F4C-85C9-EC5FCD09B27C