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HomeMy WebLinkAbout2026 Ordinance No. 021 1 ORDINANCE COUNCIL BILL NO. 15 NO. 21 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER PRANGE AN ORDINANCE APPROVING (1) AN AGREEMENT TERMINATING THE WASTEWATER CONNECTORS AGREEMENT WITH SHERIDAN SANITATION DISTRICT NO. 1 AND (2) AN AMENDMENT TO THE CONNECTOR’S AGREEMENT WITH VALLEY SANITATION DISTRICT RELATED TO THE DISSOLUTION OF SHERIDAN SANITATION DISTRICT NO. 1 AND EXPANSION OF VALLEY SANITATION DISTRICT’S SERVICE AREA. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, C.R.S. §§ 29-1-203 and 29-1-203.5 authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the City of Englewood (“City”) and Sheridan Sanitation District No. 1 (“Sheridan Sanitation”) are parties to a Wastewater Connectors Agreement dated July 15, 2013, as amended on July 15, 2017 and October 18, 2023 (collectively, the “Sheridan Connector’s Agreement”); and WHEREAS, Sheridan Sanitation has entered into an inclusion and dissolution agreement with Valley Sanitation District (“Valley”) pursuant to which Sheridan Sanitation will dissolve and transfer its wastewater collection system and service responsibilities to Valley; and WHEREAS, upon dissolution of Sheridan Sanitation and inclusion of its territory into Valley, Valley will provide wastewater service to the area formerly served by Sheridan Sanitation; and WHEREAS, the City and Valley are parties to a Connector’s Agreement originally entered into on April 18, 1955, as renewed and amended (the “Valley Connector’s Agreement”), which requires City consent for any enlargement of Valley’s service area; and WHEREAS, Valley has requested the City’s consent to amend the Valley Connector’s Agreement to enlarge Valley’s service area to include the territory currently within Sheridan Sanitation, effective upon Sheridan Sanitation’s dissolution; and WHEREAS, upon dissolution of Sheridan Sanitation and assumption of wastewater service by Valley, the Sheridan Connector’s Agreement will no longer be necessary; and Docusign Envelope ID: C0A9889B-C0D2-4610-BC17-E6E2065F0450 2 WHEREAS, the Water and Sewer Board reviewed and recommended City Council approval of these agreements at its February 10, 2026 meeting; and WHEREAS, the City Council finds it appropriate and in the best interests of the City to (1) approve an agreement terminating the Sheridan Connector’s Agreement, contingent upon specified conditions precedent, and (2) approve an amendment to the Valley Connector’s Agreement to enlarge Valley’s service area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Agreement Terminating Wastewater Connectors Agreement between the City of Englewood and Sheridan Sanitation District No. 1, substantially in the form attached hereto as Exhibit A, is hereby approved, subject to and contingent upon the conditions precedent set forth therein. Section 2. The Amendment to Connector’s Agreement between the City of Englewood and Valley Sanitation District, substantially in the form attached hereto as Exhibit B, is hereby approved, subject to and contingent upon the conditions precedent set forth therein. Section 3. 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 Docusign Envelope ID: C0A9889B-C0D2-4610-BC17-E6E2065F0450 3 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 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. 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 17th day of February, 2026; and on second reading, in identical form to the first reading, on the 6th day of March, 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: C0A9889B-C0D2-4610-BC17-E6E2065F0450