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HomeMy WebLinkAbout2025 Ordinance No. 062 ORDINANCE NO. 62 COUNCIL BILL NO. 65 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER PRANGE AN ORDINANCE APPROVING FOUR (4) AMENDED FARM LEASE AGREEMENTS BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD AND PROGRESSIVE FARMS, CRAIG FARMS GENERAL PARTNERSHIP, GARY AND NANCY MEIER AND JASON MEIER, AND KENT BEICHLE FOR THE SOUTH PLATTE RENEW FARM PROPERTY WHEREAS, the Cities of Littleton and Englewood jointly own and operate South Platte Renew (“SPR”), a regional wastewater treatment facility that manages the beneficial land application of biosolids on farmland located near Byers, Colorado; and WHEREAS, the Cities of Littleton and Englewood previously entered into farm lease agreements with Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier, and Kent Beichle for the purpose of cultivating crops and facilitating the beneficial use of biosolids on the farm properties; and WHEREAS, the current lease agreements expire on December 31, 2025; and WHEREAS, the Cities desire to renew and amend the lease agreements for a new term commencing January 1, 2026, and ending December 31, 2030, with annual renewals, to continue beneficial land application operations and generate lease revenue; and WHEREAS, the amended lease agreements increase cash rent to reflect current agricultural market conditions and reinsert a clause requiring prior written consent from SPR for fertilizer application on fields receiving biosolids; and WHEREAS, the South Platte Renew Supervisory Committee reviewed and approved the amended lease agreements at its July 24, 2025 meeting, and recommended approval by both the City Councils of Englewood and Littleton. 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 four (4) amended farm lease agreements between the Cities of Littleton and Englewood and the following lessees for the South Platte Renew farm property, copies of which are attached hereto, in the form substantially the same as that attached hereto: : Docusign Envelope ID: 809BE7C4-8B2C-4F4C-85C9-EC5FCD09B27C • Progressive Farms • Craig Farms General Partnership • Gary and Nancy Meier and Jason Meier • Kent Beichle 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 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 Docusign Envelope ID: 809BE7C4-8B2C-4F4C-85C9-EC5FCD09B27C 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. 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 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