HomeMy WebLinkAbout2026 Ordinance No. 001
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ORDINANCE NO. 1 COUNCIL BILL NO. 67
SERIES OF 2026 INTRODUCED BY COUNCIL
MEMBER WARD
AN ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT
D/B/A MILE HIGH FLOOD DISTRICT FOR FLOOD AND DRAINAGE
IMPROVEMENTS TO DRY GULCH
WHEREAS, pursuant to C.R.S. § 29-1-203, the City of Englewood (“City”) is
authorized to cooperate and contract with other governmental entities to provide any
function, service, or facility lawfully authorized to each of the cooperating units; and
WHEREAS, the City and the Urban Drainage and Flood Control District, doing
business as the Mile High Flood District (“MHFD”), entered into an Intergovernmental
Agreement (“IGA”) through Ordinance No. 4, Series of 2022/2023, for the design of
drainage and flood control improvements to Dry Gulch; and
WHEREAS, the City and MHFD subsequently approved a First Amendment
through Ordinance No. 68, Series 2023, and a Second Amendment through Ordinance
No. 51, Series of 2024, to advance additional phases of design work and funding for the
Dry Gulch Improvement Project; and
WHEREAS, the MHFD Major Drainageway Plan titled Harvard Gulch and Dry
Gulch Major Drainageway Plan (2016) identifies significant drainage improvements
within Englewood needed to remove approximately 141 homes from the 100-year
floodplain and to enhance public safety, stormwater capacity, and long-term resiliency;
and
WHEREAS, the Dry Gulch corridor within Englewood—approximately 9,825
linear feet of storm sewer system, consisting primarily of 48- to 66-inch pipes with
limited open-channel segments—currently conveys only a 2-year storm event, resulting
in overtopping of streets, parks, and easements during larger storm events; and
WHEREAS, the City and MHFD desire to proceed with the prioritization, final
design, and construction of the highest-priority improvements along Dry Gulch between
Yale Avenue and University Boulevard, as recommended in the Master Plan; and
WHEREAS, the proposed Third Amendment to the IGA provides an additional
$750,000 to support the continuation of planning, final design, and construction of flood
control improvements, with the City and MHFD each contributing $375,000; and
WHEREAS, the Water and Sewer Board reviewed the proposed Third
Amendment and recommended approval, with the Board issuing its recommendation at
its December 9, 2025 meeting; and
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WHEREAS, funding for the City’s cost share is included in the 2025 Utilities
budget, specifically Line Item 42-1607-61201 (Storm Water Drainage Fund, Business
Solutions, Other Improvements), and the expenditure will not exceed the amounts
appropriated; and
WHEREAS, the City Council finds that the improvements contemplated by the
IGA and its amendments further the Englewood Strategic Plan goals of enhancing safety,
protecting infrastructure, increasing community resiliency, and promoting sustainability
through long-term stormwater investment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council hereby approves the Third Amendment to the
Intergovernmental Agreement between the City of Englewood and the Mile High Flood
District for the design and construction of flood and drainage improvements to Dry Gulch
between Yale Avenue and University Boulevard, 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
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
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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.
Introduced and passed on first reading on the 15th day of December, 2025; and on second
reading, in identical form to the first reading, on the 5th day of January, 2026.
Othoniel Sierra, Mayor
ATTEST:
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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
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