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HomeMy WebLinkAbout2026 Ordinance No. 006 1 ORDINANCE COUNCIL BILL NO. 3 NO. 6 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER WARD AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD REGARDING A FINANCIAL CONTRIBUTION FOR CONSTRUCTING THE 2026 WINDERMERE BRIDGE JOINT REHABILITATION WHEREAS, the City of Englewood (“Englewood”) is a home rule municipality organized under Article XX of the Colorado Constitution and the Englewood Home Rule Charter; and WHEREAS, the City of Littleton (“Littleton”) is a home rule municipality organized under Article XX of the Colorado Constitution; and WHEREAS, pursuant to C.R.S. § 29-1-203, political subdivisions of the State of Colorado are authorized to cooperate and contract with one another to provide any function, service, or facility that each entity is authorized to provide; and WHEREAS, the Windermere Street Bridge over Big Dry Creek is jointly owned and maintained by Englewood and Littleton, and each municipality is responsible for its proportionate share of maintenance, repair, and rehabilitation costs; and WHEREAS, recent bridge inspections have identified the need to repair and replace two (2) construction joints at either end of the bridge to preserve structural integrity and maintain safe travel for the public; and WHEREAS, Englewood has agreed to serve as the project lead for the 2026 Windermere Bridge Joint Rehabilitation project, including the administration of procurement processes, contracting, construction oversight, and contractor payment; and WHEREAS, Littleton desires to reimburse Englewood for Littleton’s proportional share of actual project costs, estimated at sixty thousand six hundred thirty- six dollars ($60,636), and the Parties wish to enter into an Intergovernmental Agreement (“IGA”) to define their respective obligations and cost-sharing responsibilities; and WHEREAS, the City Council finds that entering into the IGA is in the best interest of the public health, safety, and welfare of the residents of Englewood and facilitates the continued safe operation and maintenance of jointly shared infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 2 Section 1. The Intergovernmental Agreement between the City of Littleton and the City of Englewood Regarding a Financial Contribution for Constructing the 2026 Windermere Bridge Joint Rehabilitation, in substantially the same form as attached hereto and incorporated herein by this reference, is hereby approved. 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 Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 3 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 20th day of January, 2026; and on second reading, in identical form to the first reading, on the 2nd day of February, 2026. 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: 53B6A36F-B90D-4B40-9205-6DD8723BED0E