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Home My WebLink About2026 Ordinance No. 026 ORDINANCE COUNCIL BILL NO. 32 NO. 26 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER PRANGE AN ORDINANCE APPROVING A FIFTH AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE SOUTH ENGLEWOOD BASIN PROJECT WHEREAS, the City of Englewood (“City”) and the Urban Drainage and Flood Control District d/b/a Mile High Flood District (“District”) previously entered into the “Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin,” Agreement No. 21-10.08, dated March 2, 2022, as amended (the “Agreement”); and WHEREAS, the Agreement provides for cooperative funding and implementation of drainage and flood control improvements within the South Englewood Basin (the “Project”); and WHEREAS, the City and District desire to enter into a Fifth Amendment to the Agreement (the “Fifth Amendment”) to increase total Project funding by $2,931,233.76, for a total Project cost not to exceed $8,381,233.76; and WHEREAS, the Fifth Amendment reprioritizes and transfers remaining funds from the Dry Gulch at Yale Avenue to University Boulevard project (Project No. 107346; Agreement No. 22-11.07) to the South Englewood Basin Project; and WHEREAS, the Fifth Amendment maintains a cost-sharing structure of fifty percent (50%) participation by the City and fifty percent (50%) participation by the District, with each party’s maximum contribution totaling $4,190,616.88; and WHEREAS, the District’s Board of Directors has authorized additional financial participation for the Project pursuant to Resolution No. 17, Series of 2026; and WHEREAS, the Water and Sewer Board reviewed and approved a memorandum of understanding with substantially the same terms as the Fifth Amendment at its March 10, 2026 meeting and recommended Council approval of an Intergovernmental Agreement between the City and the District based on the draft Memorandum of Understanding; and WHEREAS, City Council finds that entering into the Fifth Amendment is in the best interests of the City, supports critical stormwater infrastructure improvements, and is Docusign Envelope ID: C7FE842B-F32E-8ADD-80F8-F176C968D6A8 authorized pursuant to Article XIV, Section 18(2)(a) of the Colorado Constitution and Section 29-1-203, C.R.S., as well as Charter § 79. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the Fifth Amendment to Agreement No. 21-10.08 between the City of Englewood and the Urban Drainage and Flood Control District d/b/a Mile High Flood District, concerning final design, right-of-way acquisition, and construction of drainage and flood control improvements for the South Englewood Basin Project, in the form substantially the same as that attached hereto as Exhibit A. 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 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 Docusign Envelope ID: C7FE842B-F32E-8ADD-80F8-F176C968D6A8 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, and has the 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 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 6th day of April, 2026; and on second reading, in identical form to the first reading, on the 20th day of April, 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: C7FE842B-F32E-8ADD-80F8-F176C968D6A8