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HomeMy WebLinkAbout2026 Ordinance No. 0081 ORDINANCE NO. 8 COUNCIL BILL NO. 6 SERIES OF 2026 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING GRANT AGREMEENT CONTRACT APPROVAL PROCESS WHEREAS, the City of Englewood, Colorado, (the “City”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce policies for procurement and contracting processes is within the constitutional grant of power to the City and is necessary to conduct the affairs and render the services performed by the City; and WHEREAS, Englewood Charter § 79 requires City Council ordinance authorization to enter into contracts with other with other governmental bodies to furnish or receive governmental services and to make or pay charges for such services and enter into cooperative or other joint activities with other governmental bodies; and WHEREAS, Englewood Charter § 80 authorizes City Council to receive gifts, but provides no required legislative mechanism for accepting receipt such that motion acceptance is compliant with this Charter requirement; and WHEREAS, City Council desires to amend Englewood Municipal Code to provide clarity that acceptance of grants and contracts related thereto requires City Council approval under Englewood Charter § 80, but not necessarily approval by ordinance under Englewood Charter § 79. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Amendment of Title 4, Chapter 1, Section 3-4. Englewood Municipal Code Title 4, Chapter 1, Section 4-1-3-4 shall be amended to add subsection (F) to read as follows (new provisions underlined): 4-1-3-4: Contract Requirements and Provisions. (F) Agreements whose primary purpose is the receipt of grant funds or financial assistance, and which do not require the City to jointly furnish governmental services or participate in a cooperative governmental activity with another public entity, shall not be considered cooperative contracts under Englewood Charter § 79. City Council shall approve the acceptance of such grants and related agreements by motion pursuant to Englewood Charter § 80, unless approval by another legislative mechanism is otherwise required by Englewood Charter, Municipal Code, or applicable law. Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 2 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 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 authority to correct formatting and/or typographical errors discovered during codification. 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 Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 3 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