HomeMy WebLinkAbout2022-01-24 (Special) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
2nd Floor Community Room - 1000 Englewood
Parkway - 2nd Floor Community Room
Englewood, CO 80110
AGENDA
City Council Special Meeting
Monday, January 24, 2022 ♦ 6:00 PM
Council dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link:
https://www.youtube.com/watch?v=VLcKoaO4_d8
I. Call to Order
II. Pledge of Allegiance and Invocation
III. Roll Call
IV. Use of City Right of Way by Third Parties - Information - 6:00 to 6:50 p.m.
a. City Attorney Tamara Niles will be present to discuss with Council the Use of City
Right of Way by Third Parties.
Presentation: 20 minutes
Discussion: 30 minutes
Ia
V. Outreach & Communication Plan for Organized Garbage & Recycling Collection Initiative -
Information and Direction - 6:50 to 7:20 p.m.
a. Public Works Director Maria D'Andrea will be present to discuss the consideration of
an Outreach and Communications Plan for the Organized Garbage & Recycling
Collection Initiative.
Presentation: 15 minutes
Discussion: 15 minutes
IIa
VI. Break - 7:20 to 7:30 p.m.
VII. Reserving Parking Spaces for Veterans - Information and Direction - 7:30 to 7:50 p.m.
a. Assistant City Manager Tim Dodd will be present to discuss dedicating parking spaces
throughout the City for veterans.
Presentation: 5 minutes
Discussion: 15 minutes
IIIa
VIII. City Council Policy Manual Discussion - Information - 7:50 to 8:20 p.m.
Page 1 of 133
Englewood City Council Study Session Agenda
January 24, 2022
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
a. City Attorney Tamara Niles will be present to discuss with Council a review of the
Council policy manual.
Presentation: 10 minutes
Discussion: 20 minutes
VIIIa
IX. Reports from Board and Commission Council Liaisons
X. Council Member’s Choice
a. Travel Request for Council Member Woodward
Xa
XI. City Manager’s Choice
XII. Adjournment
Page 2 of 133
STUDY SESSION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: January 24, 2022
SUBJECT: Use of City Right of Way by Third Parties
DESCRIPTION:
After an incident in which a construction project was initiated in City right of way without proper
authorization, citizens brought their concerns to City Council. This presentation describes
authorized use of City right of way, applicable law, and City processes/procedures regarding
granting authorization for use and City response to unauthorized uses.
RECOMMENDATION:
Receive presentation regarding usage of City Right of Way.
PREVIOUS COUNCIL ACTION:
This study session item arose after City Council was informally notified of an unauthorized
construction project in City right-of-way. In response, City staff informally provided information
to City Council regarding the status of that unauthorized project (which was issued an
immediate stop work order; followed by an order for removal of equipment/facilities).
Thereafter, City Council requested a formal Study Session presentation on how the City
regulates its right-of-way.
SUMMARY:
The City takes a 2-prong approach to regulation of its ROW: (1) adoption of binding
laws/regulations in Municipal Code; and (2) authorizing specific uses and providing additional
conditions of use through permitting, franchise agreements, use contracts, and/or licenses. This
Study Session presentation reviews these two approaches to regulation, and then describes
how the City implements these in practice. This is a joint presentation by City Attorney Tamara
Niles to discuss City regulations; and by Deputy Director of Public Works Tim Hoos to discuss
City practices in implementing these regulations.
ANALYSIS:
After a recent unauthorized construction project on City Right-of-Way (“ROW”), City Council
requested staff provide additional information on usage and regulation of City ROW. A vast
amount of federal, state, and local laws and regulations govern public ROW, from the methods
required to acquire it for federally-funded projects, preemption of City regulation of
telecommunications providers (see CRS 38-5.5-101 et seq), and specific detailed usage
requirements and prohibitions within Englewood Municipal Code. A detailed description of all
regulations applicable to the City’s public ROW would require a large treatise; therefore, this
presentation is intended to be a general overview of the City’s regulations as contained within
Englewood Municipal Code (“EMC”).
Page 3 of 133
EMC Title 11 is dedicated to the regulation of the City’s public ROW and property. Chapter 7 of
Title 11 addresses the sole topic of ROW permits and requirements. This Chapter, consisting of
26 pages of regulations, “provides principles, procedures and associated funding for the
placement of structures and facilities, construction, excavation, encroachments and work
activities within or upon any public right-of-way, and to protect the integrity of the road system
and the City's infrastructure. To achieve these purposes, it is necessary to require permits of
private users of the public rights-of-way, to establish permit procedures, and to fix and collect
fees and charges.” See EMC 11-7-1(A).
Title 11, Chapter 7 is not the only municipal code regulations regarding City ROW, however.
Title 16 Chapter 6 regulates signage in City ROW; Title 12 Chapter 3 provides ROW provisions
specifically applicable to City Ditch. Other various sections of EMC also specifically address
ROW issues, for example: EMC 11-5-5 requires adjacent property owners to maintain and
protect plantings in the right of way; EMC 11-6-2 prohibits parking recreational vehicles such as
boats, campers, trailers on right of way for more than 72 hours per week while being loaded and
unloaded; EMC 15-16-3 addresses signage on public ROW; EMC 11-3-4 authorizes specific
ROW encroachments with a permit for things such as fences, awnings, furniture.
Because Title 11, Chapter 7 provides the framework for the City’s general ROW regulations, it
will be the only provisions reviewed in this presentation.
What is Right of Way
Generally, ROW includes streets and sidewalks for pedestrian/vehicular traffic; property
designated as ROW on plats; and area acquired by the City for infrastructure and utilities,
including City Ditch. More specifically, EMC 11-7-2 defines ROW as follows:
Public Right-of-Way or Right-of-Way or Public Way: The total surface area, and the area
above and below the surface that is dedicated, deeded, reserved by plat or otherwise
owned or controlled by the City, for public use for: infrastructure improvements,
pedestrians, vehicular movement, parks, utilities, or storm drainage and runoff.
Right-of-way: The entire width between the boundary lines of property owned by the City
and dedicated by the City for vehicular or pedestrian traffic.
City ROW Regulation
The City takes a 2-prong approach to regulation of its ROW: (1) adoption of binding
laws/regulations in Municipal Code; and (2) authorizing specific uses and providing additional
conditions of use through permitting, franchise agreements, use contracts, and/or licenses.
City ROW License Agreement
The City Attorney’s Office recently re-drafted the contract/license documents by creating an
extensive Master License Agreement, a 24-page contractual framework for ROW users not
covered by a franchise agreement incorporating EMC ROW provisions. The Agreement
governs approved usage standards, permitting, construction, notification to citizens,
emergencies, public safety, damage, term, termination, abandonment, damages,
indemnification, payment to the City, maintenance, traffic control, relocation, mapping of usage,
and other various matters. The Agreement also requires a specific site license agreement for
every specific City ROW location utilized by the licensee. For reference, the entire Master
License Agreement template is attached to the Council Communication item.
Page 4 of 133
EMC Title 11, Chapter 7 Highlights
Various provisions of EMC Title 11, Chapter 7 will be described in the Powerpoint presentation
during the City Council Study Session.
COUNCIL ACTION REQUESTED:
None: this presentation is for information only.
FINANCIAL IMPLICATIONS:
None
ATTACHMENTS:
PowerPoint
Template of City Master Right of Way License Agreement
Page 5 of 133
Regulation of City Right-of-Way (ROW)
Tamara Niles, City Attorney
Tim Hoos, Deputy Director of Public Works –Engineering and Asset Management Page 6 of 133
A vast amount of federal, state, and local laws and regulations govern public ROW, from the methods required to acquire it for federally-funded projects, preemption of City regulation of telecommunications providers, and specific detailed usage requirements and prohibitions within Englewood Municipal Code.
This presentation is intended to be a general overview of the City’s regulations as contained within Englewood Municipal Code (“EMC”).
Overview of City ROW law
Page 7 of 133
Generally, ROW includes streets and sidewalks for pedestrian/vehicular traffic; property designated as ROW on plats; and areas acquired by the City for infrastructure and utilities, including City Ditch.
EMC 11-7-2 defines ROW as follows:
Public Right-of-Way or Right-of-Way or Public Way:The total surface area, and the area above and below the surface that is dedicated, deeded, reserved by plat or otherwise owned or controlled by the City for public use for: infrastructure improvements, pedestrians, vehicular movement, parks, utilities, or storm drainage and runoff.
Right-of-way:The entire width between the boundary lines of property owned by the City and dedicated by the City for vehicular or pedestrian traffic.
What is Right-of-Way (ROW)?Page 8 of 133
The City takes a 2-prong approach to regulation of its ROW:
(1) adoption of binding laws/regulations in Municipal Code; and
(2) authorizing specific uses and providing additional conditions of use through permitting, use contracts, franchise agreements and/or licenses.
City regulation of ROW
Page 9 of 133
The City Attorney’s Office recently re-drafted the contract/license documents by creating an extensive Master License Agreement, a 24-page contractual framework for ROW users not currently covered under a franchise agreement incorporating EMC ROW provisions.
The Agreement governs approved usage standards, permitting, construction, notification to citizens, emergencies, public safety, damage, term, termination, abandonment, damages, indemnification, payment to the City, maintenance, traffic control, relocation, mapping of usage, and other various matters.
The Agreement also requires a specific individual site license agreement for every specific City ROW location utilized by the licensee.
The Agreement requires more extensive public notification of construction activity and requirements for private property restoration.
City ROW License Agreement
Page 10 of 133
EMC Title 11 is dedicated to the regulation of the City’s public ROW and property.
Chapter 7 of Title 11 addresses the sole topic of ROW permits and requirements.
This Chapter, consisting of 26 pages of regulations, “provides principles, procedures and associated funding for the placement of structures and facilities, construction, excavation, encroachments and work activities within or upon any public right-of-way, and to protect the integrity of the road system and the City's infrastructure. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, to establish permit procedures, and to fix and collect fees and charges.” SeeEMC 11-7-1(A).
EMC Title 11, Chapter 7: ROW
Page 11 of 133
All private contractors working in City ROW must obtain a contractor’s license from the City prior to being issued a permit.
All work in City ROW requires a permit, except certain routine maintenance (EMC 11-7-4G).
Work without a permit must immediately cease, obtain permit, and pay surcharge for unpermitted work.
11 -7-4:Permit Required
Page 12 of 133
Public Works currently issues three types of permits for construction work in the City’s ROW
Occupancy
Excavation
Concrete
Types of ROW permits
Page 13 of 133
Permit Fees
Page 14 of 133
Utilization and degradation fees assess the increased maintenance cost of infrastructure due to heavy vehicle loading, utility installation, street cuts, etc.
EMC does not currently require street utilization and degradation fees.
A recommendation to City Council to implement a street utilization and degradation fee for any users of the ROW is anticipated later this year.
Street Utilization and Degradation Fee
Page 15 of 133
Minimum insurance requirements for permit holders.
$1,000,000.00 each occurrence for bodily injury or death.
$500,000.00 each occurrence for property damage.
Permit holders must use ROW properly to avoid injury or damage.
Permit holders must indemnify City from claims arising out of ROW usage.
If a permit is breached and City sues and wins, permit holder must pay all City costs including attorney fees.
11 -7-8:Insurance and Indemnification
Page 16 of 133
Before a permit is issued, a letter of credit, performance bond, or letter of responsibility, that is valid to ensure compliance, with permit must be filed.
Amount must be the greater of the total cost of construction, or $5,000
Must remain valid for two years
May be used by the City to satisfy damage claims against permittee
11 -7-9:Performance Bond/Letter of Credit
Page 17 of 133
Permittee “expressly warrants and guarantees complete performance of the work in a manner acceptable to the City”.
Permittee guarantees work for two years.
Permittee must maintain work upon demand for two years.
Warranty applies to:
1.Defects in workmanship.
2.Settling of fills or excavations.
3.Any unauthorized deviations from the approved plans and specifications.
4.Failure to barricade.
5.Failure to clean up during and after performance of the work.
6.Any other violation of this Chapter or the ordinances of the City.
11 -7-10:Performance Warranty/Guarantee
Page 18 of 133
City shall have the right to inspect ROW work at any time to ensure conformance with approved plans or specifications
City may reject any defective work or materials, or if it does not meet the requirements of EMC
11 -7-11:Inspections
Page 19 of 133
Work must be completed by the deadline stated in the permit.
Permit is considered void if work hasn’t started within 6 months after issuance, unless extension is granted.
11 -7-13:Time of Completion
Page 20 of 133
Provides general provisions regarding usage, construction standards.
Work must minimally interfere with property owner rights and reasonable convenience.
Can’t unnecessarily obstruct free use of ROW, travel, or public property.
Can’t interfere with City usage of ROW.
Must allow City to also use trenches, ducts, conduit, equipment in the ROW.
11 -7-15:General Rights-of-Way Use and Construction
Page 21 of 133
Utility service providers must submit an initial excavation master plan within 60 days of permit application.
ROW users meet annually with City regarding master excavation plan.
Allow coordination of excavations to reduce disruption, interference and construction
activities.
ROW users must submit map of ROW usage.
Excavations should coordinate with City repaving plan when possible.
ROW users must mark their facilities within 7 days of request.
11 -7-16:Coordination of Excavations: Joint Planning and Construction
Page 22 of 133
Work in ROW shall avoid unnecessary inconvenience and annoyance to the general public and residents.
No work between the hours of 9:00 p.m. and 6:00 a.m., unless City Manager approval or in case of emergency.
Must ensure:
trash/materials are not blown off site.
trash regularly removed.
sidewalks cleaned of mud/debris daily.
trees/landscape/paved surfaces protected.
safe/unobstructed pedestrian walkway maintained around worksite.
11 -7-17:Minimizing the Impacts of Work in the Right-of-Way
Page 23 of 133
Upon completion of work, permittee must restore ROW to equal or better than prior condition.
This section also provides specific construction specifications/requirements.
Backfill material
Surface patching material
11 -7-18:Standards for Repairs and Restoration
Page 24 of 133
Prohibits open trenching or potholing in pavement for two years after construction/resurfacing.
Provides following exceptions:
Permitted, if meets criteria:
Boring or jacking is not practical
Alternative alignments are not practical
Work cannot reasonably be delayed
Emergencies.
To provide new public services where no service would otherwise be available.
11 -7-19:Standards for Newly Constructed Streets
Page 25 of 133
All ROW users must relocate their facilities at their own cost, at City request, to allow the City to make public use of ROW.
City must give 90-days notice, except for emergencies.
11 -7-20:Relocation of Facilities
Page 26 of 133
Emergency repairs may be completed without a permit if required:
Must apply for a permit within 3 working days after work is complete.
Must notify Public Works prior to commencing emergency work that violates acceptable working hours related to noise or traffic
Must report damage to any underground facility or protective covering to the owner of the facility
11 -7-22:Emergency Procedures
Page 27 of 133
Permits revoked for:
1.Violation of any condition of the permit or EMC.
2.Violation of state/local law.
3.Life/safety/property damage issue.
Stop Work Orders.Effective immediately, issued for:
1.Working without a required permit.
2.Work in violation of state/local law.
3.Acts that endanger life or property.
11 -7-23:Revocation of Permits and Stop Work Orders
Page 28 of 133
EMC 11-7-21 addresses abandonment/removal of facilities in ROW.
EMC 11-7-24 governs contractor license suspension/revocation
EMC 11-7-25 adopts by reference the Englewood 2020 Design and Construction Standards and Specifications manual to apply to all work in ROW.
Newsracks in ROW specifically addressed in EMC 11-7-26 to 11-7-31.
Misc. Provisions
Page 29 of 133
Title 16 Chapter 6 regulates signage in City ROW.
Title 12 Chapter 3 provides ROW provisions specifically applicable to City Ditch.
Other various sections of EMC also specifically address ROW issues:
EMC 11-5-5 requires adjacent property owners to maintain and protect plantings in the right of way;
EMC 11-6-2 prohibits parking recreational vehicles such as boats, campers, trailers on right of way for more than 72 hours per week while being loaded and unloaded;
EMC 15-16-3 addresses signage on public ROW;
EMC 11-3-4 authorizes specific ROW encroachments with a permit for things such as fences, awnings, furniture.
Additional ROW EMC
Page 30 of 133
QUESTIONS?Page 31 of 133
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
MASTER RIGHT-OF-WAY USE LICENSE AGREEMENT
Contract Number LA/INSERT
USE OF CITY RIGHT-OF-WAY FOR: INSERT DESCRIPTION
This Master Right-of-Way Use License Agreement (“Agreement”) is effective as of the
day of __________________, 202____ and is between the City of Englewood,
a Colorado municipal corporation (“City”) and INSERT (“Licensee”).
RECITALS
A. City owns public streets and alley right-of-way and has been granted rights in public utility
easements within the boundaries of Englewood (collectively, the “Right-of-Way” or “ROW”); and
B. City is authorized to manage its Right-of-Way and otherwise regulate the installation of conduit,
fiber, aerial installations, and other devices/structures within the City’s boundaries pursuant to City
Charter, Englewood Municipal Code, and applicable law by the City’s police powers, its authority
over public right-of-way, and its other governmental powers and authority; and
C. City is entitled to fair and reasonable compensation for use of its Right-of-Way; and
D. Licensee desires to utilize the Right-of- Way as described above; and
E. Licensee agrees to secure the appropriate licenses, encroachment and other permits required by
Englewood Municipal Code and other applicable law for the proposed use; and
F. Licensee agrees to comply with public property use requirements that City has established and may
establish from time to time; and
G. City is willing to grant Licensee permission to use the Right-of-Way under the standard terms and
conditions described herein and pursuant to Englewood Municipal Code Title 11 Chapter 7 (City
Rights-of-Way: Permits and Requirements) and other applicable law.
NOW, THEREFORE AND IN CONSIDERATION of mutual covenants and conditions set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
SECTION 1. Definitions
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
Affiliate means any person or entity controlling, controlled by, or under the common control with
Licensee.
Claim(s) means and includes allegations, assessments, taxes, impositions, proceedings, liabilities,
obligations, losses, claims of personal injury, bodily injury, sickness, disease, death, property
damage, destruction, loss of use, financial harm, or other impairment, penalties, fines, damages,
suits, actions, payments, judgments, demands, expenses and costs, including, but not limited to,
attorney’s fees incurred through all appeals.
Conduit means a pipe of either metal, ceramic, fiber or plastic that is designed to protect buried
cables.
Enclosure means the enclosure housing for the electronic ground equipment shown on each
exhibit.
Facilities means anything installed by Licensee in the ROW under the applicable City Permit
issued, in addition to Facilities defined in Englewood Municipal Code 11-7-2.
FCC means the Federal Communications Commission.
Hazardous Substance means any substance, chemical or waste that is identified as hazardous or
toxic in any applicable federal, state or local law or regulation, including but not limited to
petroleum products and asbestos.
Parties collectively mean the City of Englewood and Licensee.
Public Emergency means any condition which, in the opinion of City officials, poses an
immediate threat to the lives or property of the citizens of Englewood or others caused by any
natural or man-made disaster, including but not limited to, storms, floods, fire, accidents,
explosions, major water main breaks, hazardous material spills, etc.
Public Utility Easement or PUE means an easement or other real property right that is granted,
dedicated, reserved, or otherwise conveyed for the use of utility facilities, regardless of the
language used in creating such right, and regardless of the inclusion of other authorized uses.
Right-of-way or ROW means that property used as public thoroughfares and lying between the
exterior boundary lines of any area granted to or received by the City by grant, gift, easement,
deed, dedication or operation of the law for street, alley, walk or utility purposes.
Site License means, as applicable, any site-specific License issued to Licensee pursuant to the
terms of this Master Right-of-Way Use License Agreement, attached as Exhibit A hereto.
Page 33 of 133
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
Use Area means the portions of the ROW designated on a Site Plan or other plan (as defined in
the applicable exhibit) that Licensee is allowed to use and/or occupy under a Site License and
pursuant to this Master Right-of-Way Use License Agreement.
SECTION 2. Permission to Use Right-of-Way
2.1 Subject to the provisions of this Agreement, the Englewood Municipal Code Title 11 Chapter
7 (City Rights-of-Way—Permits and Requirements), the City of Englewood Charter, and
applicable law, City hereby grants to Licensee permission to use designated portions of the right-
of-way (“ROW”) subject to and conditioned upon Licensee’s full, timely, complete and faithful
performance of all obligations to be performed or required hereunder by Licensee, and Licensee
hereby accepts the terms and conditions of this Agreement. It is the responsibility of Licensee to
determine if the Use Area is within City ROW, through a title report or other means. If the Use
Area does not fall under the jurisdiction of the City, it is Licensee’s sole responsibility to secure
the land rights to site its Facilities in the Use Area.
2.2 Licensee can use the approved portions of the ROW for the installation of Licensee’s
Facilities as described in a Site License substantially in the form of Exhibit A and shall conduct
no other activity at or from those designated portions of the ROW beyond the authority granted
by this Agreement and a Site License issued hereunder. Licensee shall comply with all City
regulations and Code requirements setting forth design standards and stealth and concealment
requirements relating to the appearance and installation of all Facilities in the ROW. Any future
modifications of such Facilities must maintain the stealth and concealment elements required for
the original Facilities.
2.3 All other uses of the ROW under this Agreement are prohibited. Should Licensee seek to use
the ROW for other purposes, it must enter into a separate agreement with the City to do so.
2.4 The authority to install Facilities in City ROW granted herein authorizes Licensee only to
install such Facilities and does not authorize Licensee to install or construct any other facilities not
expressly provided for in this Agreement.
2.5 Licensee shall comply with all applicable laws as amended from time to time, including but
not limited to, the Englewood Municipal Code, the City Charter and Colorado and federal law in
the exercise and performance of its rights and obligations under this Agreement. If it is necessary
for Licensee to comply with any law or regulation of the FCC to engage in the business activities
anticipated by this Agreement, Licensee shall comply with such laws or regulations as a condition
precedent to exercising any rights granted by this Agreement. Provided, however, no such law or
regulation of the FCC shall enlarge or modify any of the rights or duties granted by this Agreement
without a written modification to this Agreement.
2.6 Location of Facilities is subject to City approval. Location shall not interfere with pedestrian
movements or reduce the path width per the Americans with Disabilities Act of 1990 (“ADA”).
Facilities shall not have fixtures that protrude into a pedestrian path. Facilities locations cannot
create a sight distance obstruction at intersections. Facilities locations cannot create an obstruction
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
for car door openings associated with on-street parking or for sidewalk cafes and business
doorways or obstruction of other public improvements or infrastructure.
2.7 This Agreement authorizes Licensee, and no other person, to mount, operate, manage and
maintain the Facilities and associated equipment in the ROW. This Agreement does not authorize
a customer of Licensee to operate, manage or maintain Licensee’s equipment in the ROW.
2.8 Licensee shall comply with all provisions of Englewood Municipal Code Title 11 Chapter 7
(City Rights-of-Way—Permits and Requirements), Sections 11-7-1 through 11-7-32, which are
incorporated by reference as is fully set forth herein. To the extent any term is not defined herein,
the definitions contained in Englewood Municipal Code 11-7-2 shall apply.
2.9 Licensee shall not trim or cut down any trees, shrubs, or brush on City property without
permission of the City. When required by City, Licensee, at its expense, shall trim or cut down
trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City.
SECTION 3. Non-Exclusive Rights/Priority Rights
3.1 This license is not exclusive and nothing herein contained shall be construed to prevent City
from granting other like or similar permissions or privileges to any other person, firm or
corporation, or to deny to or lessen the powers and privileges granted to City under the City
Charter, the Colorado Constitution and laws of the State of Colorado.
3.2 Any and all rights granted to Licensee under this Agreement, which shall be exercised at
Licensee’s sole cost and expense, shall be subject to the prior and continuing right of City to use
the ROW exclusively or concurrently, with any other person or entity and shall be further subject
to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims
of title which may affect the ROW or public property. Nothing in this Agreement shall be
construed to grant, convey, create or vest a perpetual real property interest in land to Licensee,
including any fee or leasehold interest, easement, or any franchise rights.
3.3 Any right or privilege claimed pursuant to this Agreement by Licensee for any use of any ROW
shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or
any other governmental entity; B) any prior lawful occupancy or use thereof by any other person;
C) and to any prior easements therein, provided however, that nothing herein shall extinguish or
otherwise interfere with property rights established independently of this Agreement.
3.4 There is hereby reserved to City every right and power required pursuant to this Agreement
that is reserved or provided by any lawful ordinance or the Charter of the City. Licensee by its
execution of this Agreement agrees to be bound thereby and to comply with any lawful action or
lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter
enacted or established. Neither the granting of any Agreement nor any provision hereof shall
constitute a waiver or bar to the exercise of any lawful governmental right or power of City.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
3.5 By executing this Agreement, City does not waive any rights that it may have against any
public utility or other property owner to require that such owners obtain prior approval from the
City for such uses of their property or facilities, or that revenues received by any public utility or
other property owner from Licensee, by virtue of Licensee’s use of their property or facilities be
included in the computation of any use agreement fees owed by such parties to the City.
3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering,
improving, repairing, or maintaining its facilities and/or the ROW, and for that purpose to require
Licensee, at no expense to the City, to remove, relocate or abandon in place Licensee’s Facilities
in order to accommodate the activities of the City at Licensee’s expense. The City shall not be
liable for lost revenues sustained by Licensee, however caused, because of damage, modification,
alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from
the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that
the activities resulting in such costs or lost revenues are conducted in accordance with applicable
laws and regulations.
SECTION 4. Regulatory Conditions Relating to Right-of-Way Usage
4.1 For purposes of this Agreement, whenever work is done in the ROW relating to this
Agreement, Licensee agrees that it is solely responsible for the acts, errors, omissions, and any
negligence of its Contractors and that the obligations of Sections 4 and 5 are imposed on both
Licensee and any of its Contractors, who will be considered Licensee’s agents and for whom
Licensee will be responsible.
4.2 Application. Upon request, Licensee agrees to complete an application or renewal application
form for use of the ROW and to pay any applicable application fee.
4.3 Licensee is solely and completely responsible for ensuring that its Facilities are constructed,
managed, installed, operated and/or maintained in accordance with the Englewood Municipal
Code and established practices with respect to such ROW and easements such as the proper permits
are obtained prior to commencing any work and that the terms and conditions of such permits are
strictly followed.
4.4 Licensee’s use of the ROW and easements under the control of the City shall be according to
plans attached to a Site License and approved by the City as submitted with any required Permit,
provided that such approval shall not be unreasonably withheld or delayed.
4.5 Licensee’s Facilities to be constructed, installed, operated, maintained, upgraded and removed
hereunder shall be located or relocated so as to interfere as little as possible with traffic or other
authorized uses within said ROW and easements. Any phases of construction and/or installation
relating to traffic control, backfilling, compaction and paving, as well as the location or relocation
of said Facilities shall be subject to regulation by the City and Englewood Municipal Code.
4.6 Licensee and its agents shall be subject to the City’s exercise of such police, regulatory and
other powers as it now has or may later obtain, and Licensee may not waive the application of the
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same. City shall have continuing jurisdiction and supervision over any Facilities located within or
on ROW. Daily administrative, supervisory, and enforcement responsibilities shall be delegated
and entrusted to the City Manager or designee to interpret, administer and enforce the provisions
of this Agreement.
4.7 Clean Up. Licensee and/or its Contractor(s) shall, during installation or relocation or removal
of the Facilities and upon completion of such work, remove all temporary construction materials
and equipment, debris, and unused materials provided for in the work, and put the work site and
ROW in a safe, neat and clean condition.
4.8 Graffiti Removal. Licensee shall at all times keep and maintain its Facilities free of all graffiti.
City shall notify Licensee in writing if graffiti is on the Facilities. If Licensee fails to remove the
graffiti within thirty (30) days after notice in writing is received, City shall have the right to remove
any graffiti present. Licensee shall reimburse City for all costs directly attributable to such
abatement within thirty (30) days of City’s presenting Licensee with a statement of such costs.
4.9 Safety. Licensee and Licensee’s Contractor(s) shall be solely and completely responsible for
the conditions of any job site where the Facilities are being placed, including safety of all persons
(including employees) and property during performance of the work. This requirement shall apply
continuously and not be limited to normal working hours. Safety provisions shall conform to all
applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and
regulations. Where any of these are in conflict, the more stringent requirement shall be followed.
Licensee’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall
not relieve Licensee from compliance with these provisions.
4.10 Damage. If Licensee damages City or private property, Licensee shall promptly, at its own
expense, and in a manner acceptable to the City, repair the damage. If Licensee fails to do so, the
property owner may repair the damage at its own expense, and Licensee shall reimburse the
property owner within thirty (30) days of invoicing.
SECTION 5. Plan Approval, Permits, and Inspection
5.1 No Facilities shall be installed, constructed, located on, or attached to any property within the
City until Licensee has applied for and received approval for permits pursuant to Englewood
Municipal Code Section 11-7-4 et seq. and a Site License (attached as Exhibit A) from the City.
Additionally, Licensee and its Contractor(s) shall comply with all other provisions of the
Englewood Municipal Code, including but not limited to Title 11 Chapter 7 governing use of City
Rights of Way, and other applicable City regulations. All rights hereunder are granted under the
express condition that the City shall have the power at any time to impose lawful restrictions and
limitations upon, and to make regulations as to Licensee’s use of the ROW as may be deemed best
for the public interest, safety, or welfare to the same extent that such restrictions and limitations
are applied to all non-governmental users of the ROW.
5.2 Licensee shall submit the applicable permit application(s) together with the details, plans and
specifications for City review and approval, and pay all applicable application, review and
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inspection fees prior to any and all construction work performed pursuant to the rights granted
under this Agreement. Licensee and/or its Contractor(s) shall abide by all stipulations of all permits
issued. If Licensee desires to change the location of any Facilities, including any related Facilities
from that set forth in the initial permit application, Licensee shall apply for and obtain approval
for an amendment to the permit prior to installation or construction.
5.3 City will approve or deny such applications based on the availability of space at the location
sought by Licensee, safety and other considerations in accordance with the City’s Code, applicable
ROW construction regulations and other applicable law. Licensee and/or its Contractor(s) shall
comply with the terms of any City-issued licenses and permits.
5.4 Any new underground facilities placed in the ROW will be constructed using industry standard
horizontal directional drilling and trenching construction methods. Licensee and/or its
Contractor(s) installations will be done using industry standard practices and in full compliance
with Englewood Municipal Code and any applicable permit.
5.4.1 If the Licensee installs new underground conduit or opens a trench or replaces conduit or
cable, the Licensee shall provide adequate advance notice to permit additional installation of
similar conduit for the City. If the City plans to install similar conduit, it will so notify the Licensee
and provide similar conduit and pull wire, at the City’s expense, to the Licensee which will install
that conduit without further expense to the City.
5.5 If Licensee desires to change the components of the Facilities that will impact the ROW,
written approval of such change must be obtained from the City.
5.6 The City shall have the right to inspect all construction or installation work performed subject
to the provisions of this Agreement and to make such tests as it shall find necessary to meet City
standards to ensure compliance with the terms of this Agreement and other pertinent provisions of
law pursuant to the procedure established by Englewood Municipal Code Section 11-7-11.
5.7 Licensee shall also provide and identify a representative, such as a project manager, who shall
be the contact person for the City during any construction periods. The Licensee shall provide a
contact number for emergencies that occur outside of regular business hours and shall provide this
contact number to the City in advance of each construction activity/permitted installation.
5.8 In conjunction with the submittal to the City of the Site License application, Licensee shall
provide mailed, written notice to all adjacent or affected residents or businesses at least two (2)
weeks in advance of any proposed construction work. The notice shall provide a contact name and
number and/or email address to whom residents or businesses can direct questions and comments
regarding the proposed work.
5.9 Prior to the start of any construction work, Licensee shall notify all adjacent or affected
residents or businesses at least forty-eight (48) hours in advance of any street, alley, sidewalk, and
driveway closures and make suitable arrangements to have all vehicles moved to a satisfactory
location outside the closed area.
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5.10 If an emergency requires activity without such written notice, Licensee shall use reasonable
best efforts to provide timely actual notice to the owners or other persons having lawful control of
the adjoining property. Upon request, Licensee shall promptly furnish to City documentation of
such permission from such other affected property owner.
5.11 Whenever Licensee or its Contractors shall cause any opening or alteration to be made for
any purpose in any public streets, or public places, the opening or alteration shall be completed
and restored with due diligence within seven (7) business days. Licensee shall upon the completion
of the opening or alteration, restore the property, improvements or landscaping disturbed by
Licensee or its Contractors to a condition substantially comparable to the condition before the
opening or alteration and the restoration shall be performed with due diligence within a reasonably
prompt time.
SECTION 6. Maintenance/Modifications
6.1 Maintenance of all Facilities shall be performed by Licensee at Licensee’s sole cost and
expense. Licensee will need to obtain the appropriate permits for work in the ROW in order to
access the Facilities.
6.2 Licensee will perform routine maintenance, repair, and installation of all Facilities in
accordance with all City ordinances, rules and regulations.
6.3 Damaged or deteriorated components must be corrected within forty-eight (48) hours of
notification. If the components are taken out of service, Licensee must remove them within five
(5) business days of being taken out of service.
6.4 Any upgrade and/or modification to the Facilities, other than a like for like replacement, will
need specific approval from the City and require Licensee to submit the information required. Any
approval required from the City must be obtained in writing from the City Manager or their
designee.
SECTION 7. Traffic Control
7.1 Licensee shall have the full responsibility and liability for traffic control for work performed
by Licensee or its Contractors and shall comply with all provisions of Englewood Municipal Code
Section 11-7-14. In the event Licensee or its Contractor(s) damages any traffic signal equipment,
traffic signal conduit, loop detectors and/or circuits, it shall have them repaired immediately at its
expense by an electrical Contractor that has had traffic signal experience which is pre-approved
by the City. Any damage caused by Licensee or its Contractor(s) that is repaired by the City will
be billed to Licensee at two times the cost.
7.2 To the extent reasonably possible, pedestrian access shall be maintained along the length of
the project at all times to comply with applicable requirements of the ADA and as approved by the
City.
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SECTION 8. Hazardous Substances
8.1 Licensee agrees it will not produce, dispose, transport, treat, use, generate, store any Hazardous
Substances on, under, about or within the area of the Pole and ROW in violation of
the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §
9601, et. seq.; the Resource Conservation and Recovery Act., 42 U.S.C. § 6901, et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601, et seq.; or any other federal, state, county, or local law
or regulation. Licensee may not use the ROW in a manner that would require a permit or approval
related to Hazardous Substances from any governmental agency other than the City. Licensee will
pay, indemnify, defend and hold City harmless against any loss or liability incurred by reason of
any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement
and must immediately notify City of any Hazardous Substance discovered at any time that is
unlawfully present upon the ROW. Licensee will ensure that any on-site or off-site storage,
treatment, transportation, disposal or other handling of Hazardous Substance will be performed by
persons who are properly trained, authorized, licensed and otherwise permitted to perform those
services.
8.2 Licensee understands the hazards presented to persons, property and the environment by
dealing with Hazardous Substances. Licensee acknowledges the possibility that the ROW may
contain actual or presumed asbestos and other Hazardous Substances containing materials.
SECTION 9. On-Call Assistance
Licensee shall be available to employees of any City department having jurisdiction over
Licensee’s activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or
complaints resulting from the installation, operation, maintenance, or removal of its Facilities, at
the phone number provided below. Licensee shall use reasonable efforts to respond to any issues
within the time frames specified in this Agreement or the applicable Permit. Licensee shall handle
or otherwise make arrangements with a local entity to address any necessary problems or
complaints that require a physical presence.
SECTION 10. Mapping Requirement
10.1 Licensee shall maintain Record Drawings of its Facilities located within the ROW and furnish
a copy both electronically in an electronic-compatible mapping format (in a mapping format
compatible with the current City electronic mapping format as specified by the City) and in hard
copy form. Upon completion of new or relocation construction of underground Facilities in the
ROW, Licensee shall create and maintain precise, up-to-date maps of all Facilities and any conduit
installed for the Facilities located in the ROW and precise and verifiable horizontal and vertical
location information and will make this information available to the City upon the installation of
any new Facilities. Licensee will also provide surface-location marking of any of Licensee’s
Facilities that are located underground within any ROW within ten (10) business days of
installation.
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10.2 In the event Licensee fails to supply records in the City specified format and there is a cost to
the City in converting Licensee-provided files, Licensee will be responsible for the conversion
costs and will pay such costs within thirty (30) days of the City invoicing the amount due.
SECTION 11. Relocation
11.1 Licensee shall relocate at no expense to the City or private property owner any Facilities or
other encroachment installed or maintained in, on or under any public place or ROW, as may be
necessary to facilitate improvements to the licensed area, including but not limited to
sidewalk/street improvements, driveway improvements, or any other City project.
11.2 Licensee agrees to obtain a permit as required by this Agreement prior to removing,
abandoning, relocating or reconstructing of any portion of its Facilities on public property or
ROW. Notwithstanding the foregoing, City understands and acknowledges there may be instances
when Licensee is required to make repairs that are of an emergency nature or in connection with
an unscheduled disruption of the Facilities. Licensee will maintain any annual permits required by
the City for such maintenance and emergency repairs. Licensee will notify City before the repairs
and will apply for and obtain the necessary permits in a reasonable time after notification pursuant
to Englewood Municipal code Section 11-7-22.
11.3 If the City needs to perform any part of the necessary relocation or removal work that has not
been done within the time required by the City, Licensee shall reimburse the City for all costs
within thirty (30) days of City invoicing.
SECTION 12. Damage to Public Property
12.1 In addition to any indemnity obligation under this Agreement, whenever the installation, use,
maintenance, removal, or relocation of any of Licensee’s Facilities is required or permitted under
this Agreement, and such installation, removal or relocation damages or disturbs the surface or
subsurface of any ROW or public property or the public improvement located thereon, therein, or
thereunder, however such damage or disturbance was caused. Licensee, at its sole cost and
expense, shall promptly restore the surface or subsurface of the ROW or public property and/or
repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as
good a condition as before in accordance with applicable laws, normal wear and tear excepted,
reasonably satisfactory to the City. If Licensee does not repair the damage or disturbance as just
described, then City shall have the option, upon fifteen (15) days prior written notice to Licensee,
to perform or cause to be performed such reasonable and necessary work on behalf of Licensee
and to charge Licensee for the actual costs incurred by the City at City’s standard rates.
12.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City
shall have the right to immediately perform, without prior written notice to Licensee, such
reasonable and necessary work on behalf of Licensee to repair and return public property to a safe
and satisfactory condition in accordance with applicable laws, normal wear and tear excepted,
reasonably satisfactory to the City. The City shall provide written notice to Licensee of the repairs
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as soon as practicable after the work has begun. Licensee agrees that any severed City-owned
Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City
needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be
entitled to seek payment for such repairs, relocation and/or removal costs from Licensee.
12.3 Upon the receipt of a demand for payment by City, Licensee shall promptly reimburse City
for such costs.
12.4 For any pavement cuts by Licensee, Licensee agrees to restore the pavement and to reimburse
the City for all costs arising from the reduction in the service life of any public road, in accordance
with the provisions of Title 11 Chapter 7 of the Englewood Municipal Code and the fees
established by the City pursuant thereto. Licensee agrees to pay within thirty (30) days from the
date of issuance of an invoice from City.
SECTION 13. Public Emergency Disruption by City
City shall have the right, because of a Public Emergency, to alter, relocate, sever, disrupt, remove,
tear out, dig-up or otherwise damage and/or destroy Facilities of Licensee without any prior notice
to Licensee, if the action is deemed necessary by either the City Manager, Police Chief, City
Engineer, or Director of Public Works or designee. In such event, neither the City nor any agent,
contractor or employee of City shall be liable to Licensee, its Contractors or its customers or their
parties for any harm so caused to them or the Facilities. When practical and if possible, City will
consult with Licensee in advance to assess the necessity of such actions and to minimize to the
extent practical under the circumstances damage to and disruption of operation of the Facilities.
City shall inform Licensee of any actions taken. Licensee shall be responsible for repair at its sole
expense of any of its Facilities damaged pursuant to any such action taken by City.
SECTION 14. Public Safety
14.1 If any of Licensee’s Facilities or activities present any immediate hazard or impediment to
the public, to the City, to other improvements or activities within or outside of the route area(s),
or to City’s ability to safely and conveniently operate the ROW or perform City’s utility, public
safety and/or other public health, safety and welfare functions, then Licensee shall immediately
remedy the hazard, comply with City’s request to secure the route area, and otherwise cooperate
with City at no expense to City to remove any such hazard or impediment.
14.2 If the City is required to make necessary repairs to eliminate safety hazards, the Licensee
shall reimburse the City at overtime rates pursuant to Englewood Municipal Code Section 11-7-
12.
SECTION 15. City’s Reserved Rights
15.1 Any applicable zoning processes, building permit processes, ROW management policies and
similar regulatory requirements that apply to Licensee’s Facilities and/or related Facilities are
completely separate from the plans approval processes under this Agreement or the ROW usage
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Permit. Licensee’s satisfaction of any regulatory requirement does not substitute for compliance
with any requirement of this Agreement or constitute approval of any plans for the purposes of
this Agreement.
SECTION 16. Non-use/Abandonment of the Facilities
16.1 An “Abandoned Facility” means a Facility no longer in service or physically disconnected.
If Licensee ceases to provide services or abandons use of any of its Facilities for more than one
(1) year, or upon cancellation or termination of the Agreement, the Facility shall be deemed an
Abandoned Facility and Licensee shall notify the City. The City may require Licensee, to the
reasonable satisfaction of the City and without cost or expense to the City, to remove the Facilities
and to restore the public property and ROW to a reasonable condition under the supervision of the
City within six (6) months of abandonment.
16.2 Title to any and all personal property installed by Licensee upon the ROW that is not timely
removed shall automatically vest in City, at City’s sole option.
16.3 Abandonment and Removal of Facilities is also subject to the provisions of Englewood
Municipal Code Section 11-7-21.
SECTION 17. Contractors
17.1 The specific independent Contractors identified and used by Licensee for the construction
activities to expand and extend Licensee’s Facilities and Use Area shall be provided to and
approved by the City prior to issuance of each construction permit, such approval shall not be
unreasonably withheld, delayed, conditioned or denied. Any Contractors performing construction
work within the ROW or public easements shall comply with licensing requirements applicable
to Colorado contractors.
17.2 Each Contractor shall have the same obligations with respect to its work as Licensee would
have if Licensee performed the work. Licensee shall be responsible for ensuring that the work of
its Contractors is performed consistent with this Agreement and other applicable law, shall be
responsible for acts or omissions of its Contractors under this Agreement to the same degree it is
responsible for the acts of its employees, shall be responsible for promptly correcting acts or
omissions by its Contractors, and shall implement a quality control program to ensure that the
work contemplated by this Agreement is performed.
17.3 Licensee shall furnish separate certificates and endorsements for each independent
Contractor. All coverages for independent Contractors shall be subject to substantially similar
requirements stated herein for Licensee.
SECTION 18. Legal Workers
If, and to the extent C.R.S. § 8-17.5-101 et seq is applicable to this Agreement, Licensee shall
comply with laws regarding workers as follows:
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18.1 Employees, Contractors and Subcontractor. Licensee shall not knowingly employ or
contract with a worker without authorization to perform work under this contract. Licensee shall
not contract with a subcontractor that fails to certify to the Licensee that the subcontractor will not
knowingly employ or contract with a worker without authorization to perform work under this
Agreement. [CRS 8-17.5-102(2)(a)(I) & (II).]
18.2 Verification. Licensee will participate in either the E-Verify program or the Department
program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to
confirm the employment eligibility of all employees who are newly hired for employment to
perform work under this Agreement. Licensee is prohibited from using the E-Verify program or
the Department program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed.
18.3 Duty to Terminate a Subcontract. If Licensee obtains actual knowledge that a
subcontractor performing work under this contract knowingly employs or contracts with a worker
without authorization, the Licensee shall: (1) notify the subcontractor and the City within three
days that the Licensee has actual knowledge that the subcontractor is employing or contracting
with a worker without authorization; and (2) terminate the subcontract with the subcontractor if,
within three days of receiving notice required pursuant to this paragraph the subcontractor does
not stop employing or contracting with the worker without authorization; except that the Licensee
shall not terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor had not knowingly employed or contracted
with the worker without authorization.
18.4 Duty to Comply with State Investigation. Licensee shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5).
18.5 Damages for Breach of Contract: The City may terminate this Agreement for a breach
of contract, in whole or in part, due to Licensee’s breach of any section of this paragraph or
provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and
consequential damages to the City in addition to any other legal or equitable remedy the City may
be entitled to for a breach of this Agreement.
SECTION 19. Payments
19.1 Compensation for Use of the ROW. As compensation for the License Agreement and services
provided by Licensee as outlined herein, Licensee shall pay to the City a fee of:
$___________________________ (if no fee inserted, the fee shall be the fee established by the
City of Englewood’s current schedule of fee and costs).
19.2 Permit Fees. Subject to applicable law, associated ground and other equipment installed will
be subject to the applicable permit fees in effect at the time of the installation on the Pole in the
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ROW. Licensee shall pay all applicable permit fees to place Facilities in the ROW, which includes
charges for encroachment permit applications, issuance, inspection, testing, plan review and any
other fees adopted by City and applicable to persons doing work and/or encroaching in the City’s
ROW pursuant to Englewood Municipal Code.
19.3 Damage Fees. Licensee shall timely pay any reasonable costs associated with any damage
caused to the ROW or public property under Englewood Municipal Code and/or this Agreement
19.4 If payment is not made within thirty (30) days after invoicing or due, the City may impose
interest at a rate of one and one-half percent (1.5%) percent per month commencing from the date
payment should have been made and continuing until the payment is made. Failure to pay within
sixty (60) days shall be a material breach of this Agreement and will be grounds for the City to
terminate this Agreement and any Site License issued hereunder upon ten (10) days’ written notice
to Licensee.
19.5 Taxes. Licensee shall pay all applicable city, county and state taxes levied, assessed, or
imposed by reason of this Agreement or those related to the Licensee’s services the Facilities. Such
taxes are in addition to any non-tax amounts owed by Licensee to City pursuant to this Agreement.
SECTION 20. Insurance and Bonding
20.1 Insurance Required. Prior to any usage of City ROW, the Licensee shall procure and maintain
all insurance and bonds required by Englewood Municipal Code 11-7-8 and 11-7-9.
SECTION 21. Indemnity
21.1 In addition to all other indemnities and other obligations hereunder required by Englewood
Municipal Code 11-7-8, to the fullest extent permitted by law, throughout the term of this
Agreement and until all obligations and performances under or related to this Agreement are
satisfied and all matters described in this paragraph are completely resolved, Licensee shall pay,
indemnify, defend and hold harmless City and all other Additional Insureds (if any) for, from and
against any and all Claims related to Licensee’s use of the Right-of-Way or the rights granted to
Licensee with respect to the Right-of-way or Licensee’s exercise of its rights under this Agreement
(including, without limitation, the negligence or intentional misconduct of Licensee and its
employees, Contractors and agents in connection therewith) (collectively, the “Indemnity”).
21.2 Without limitation, the Indemnity shall include and apply to any and all Claims that may arise
in any matter out of any use by Licensee or its Contractor of the Right-of-Way or other property
related to this Agreement or any actions, acts, errors, mistakes or omissions relating to work or
services in the performance of or related to this Agreement by Licensee or its Contractor, including
without limitation any injury or damages or cause of action claimed or caused by any employees,
contractors, subcontractors, tenants, subtenants, agents or other persons upon or using the Right-
of-Way or surrounding areas related to this Agreement, and including without limitation, Claims,
liability, harm or damage caused by anyone for whose mistakes, errors, omissions or negligence
Licensee may be liable.
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21.3 As a condition to City’s executing this Agreement, Licensee specifically agrees that to the
extent any provision of this paragraph is not fully enforceable against Licensee for any reason
whatsoever, this paragraph shall be deemed automatically reformed to the minimal extent
necessary to cause it to be enforceable to the fullest extent permitted by law.
21.4 The Indemnity shall also include and apply to any environmental injury, personal injury or
other liability relating to Licensee’s use of Right-of-Way or public real property under this
Agreement or from Licensee’s non-compliance with the Site Plan (as defined in the applicable site
license).
21.5 Notwithstanding the foregoing, the Indemnity does not apply to:
21.5.1 Claims arising from the active negligence or intentionally wrongful acts of City or its
employees, agents or contractors.
21.5.2 Claims that the law prohibits from being imposed upon the indemnitor.
21.6 Subject to any legal protections for privilege and/or confidentiality, the Parties shall promptly
notify each other in writing of any claims, demands, or lawsuits which may involve the City in
relation to this Agreement and provide copies of all relevant accident reports, incident reports,
statements or other documents that are relevant to the claims, demands, or lawsuits or which may
lead to the discovery of relevant materials or information, in the possession of the other party, its
employees, agents, contractors, and/or others.
21.7 Subject to any legal protections for privilege and/or confidentiality, both Parties agree to make
their employees, agents, and Contractors available to the other party to gather any relevant
information relating to an incident, which results in a claim, demand, or lawsuit.
21.8 It is the purpose of this section to provide maximum indemnification to the City under the
terms and conditions expressed and, in the event of a dispute, this section shall be construed (to
the greatest extent permitted by law) to provide for the indemnification of the City by Licensee
against any and all claims, demands or lawsuits. The sole exception shall be an express
determination by a court of competent jurisdiction upon full adjudication of the case that the
damages either arose only from the City’s active negligence or intentional acts or that the City was
comparatively at fault for the damages. Only in this event may Licensee then commence an action
against the City for damages related to that portion judicially determined to be the City’s fault.
21.9 The amount and type of insurance coverage requirements set forth in this Agreement will in
no way be construed as limiting the scope of the Indemnity in this Section.
21.10 The obligations set forth in this section shall survive completion of the work, termination or
expiration of this Agreement.
SECTION 22. Limitation of Liability
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22.1 Licensee expressly acknowledges that Licensee’s Facilities are exposed to many risks beyond
the reasonable control of City, including acts of God or the public enemy, such as but not limited
to, wind, rain, sleet, ice, floods, fire, riots, sabotage, expropriation or confiscation of facilities.
Except as expressly provided in this Agreement, Licensee shall assume all risk of loss to Facilities
that may arise in connection with these hazards.
22.2 CITY HEREBY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES,
EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF
CITY RIGHT OF WAY AND/OR THE FACILITIES(S) FOR LICENSEE’S INTENDED
PURPOSE.
22.3 Licensee acknowledges and agrees that Licensee bears all risk of loss or damage to the
Facilities installed in the ROW pursuant to this Agreement from any cause, except for the cost of
repairs to damaged Facilities to the extent caused by the negligence or willful misconduct of the
City and not covered by the Licensee’s insurance. IN NO EVENT, HOWEVER, SHALL CITY
BE LIABLE TO LICENSEE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES RESULTING FROM ANY LOSS OR DAMAGE TO LICENSEE’S
FACILITIES, REGARDLESS OF WHETHER THE CITY WAS ADVISED OF, OR
OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH
DAMAGES, REGARDLESS OF THE LEGAL THEORY OR BASIS FOR SUCH CLAIM.
22.4 The City and its officers, agents, elected or appointed officials, employees, departments,
boards and commissions, shall not be liable to Licensee or to its affiliates or customers for any
interference with or disruption in the operations of Licensee’s Facilities or the provision of
services, or for any damages arising out of or materially related to Licensee’s use of the ROW,
except to the extent of intentional misconduct or gross negligence on the part of the City, its
officers, agents, elected or appointed officials, employees, departments, boards and commissions.
22.5 Licensee also agrees that it shall have no recourse whatsoever against the City or its officials,
boards, commissions, agents or employees for any loss, costs, expense or damages arising out of
or materially related to any provision or requirement of the City because of the enforcement of this
Agreement.
22.6 Licensee shall guarantee all work for two (2) years, as provided in Englewood Municipal
Code Section 11-7-10.
SECTION 23. Term and Renewal
23.1 This Agreement shall be effective as of the date of approval of the Agreement by the City
(the “Effective Date”) and unless sooner terminated in accordance with the provisions of Sections
29 and 30, shall continue in effect for a period of ______________ (if left blank, 10 years)(“Initial
Term”).
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23.2 The term of this Agreement shall automatically be extended for two (2) additional
____________________ year terms (if left blank, five (5) year terms)(each a “Renewal Term”),
unless Licensee gives written notice of its intent to terminate the Agreement no later than six (6)
months prior to the end of the Initial Term or Renewal Term (as applicable). The word “Term”
will refer to both the Initial Term and any Renewal Term(s).
23.3 Licensee may terminate any Site License at any time during any Site License Term upon
ninety (90) days prior written notice. However, Licensee does not have the right to terminate any
time after an event of default by Licensee has occurred (or an event has occurred that would
become a default after passage of time or giving of notice). Termination of any Site License shall
not affect Licensee’s liabilities and obligations incurred under such Site License prior to the
effective date of such termination.
SECTION 24. Termination by Licensee
24.1 Licensee may terminate this Agreement prior to its date of expiration by providing the City
with ninety (90) days written notice and only upon making arrangements satisfactory with the City
to remove all Licensee’s Facilities from public property and the ROW, unless the City agrees in
writing to allow Licensee to abandon part or all of its Facilities in place. If the City agrees to allow
Licensee to abandon its Facilities in place, the ownership of such Facilities, including everything
permitted by City to be abandoned in place, shall, at the City’s option, transfer to City and Licensee
shall cooperate to execute any documents necessary to accomplish such transfer within thirty (30)
days of such allowance of abandonment.
24.2 Unless the City has consented to allow Licensee to abandon part or all of its Facilities in
place, upon termination of this Agreement, Licensee shall remove all of its Facilities within ninety
(90) days or forfeit its Deposit.
SECTION 25. Conflicts Between Applicable Law and Contracting Documents
25.1 In the event of any conflict between Englewood Municipal Code, a permit issued for the work, this
Agreement, and any Exhibits to this Agreement including any Site License, the controlling authority shall
be first the Englewood Municipal Code; second, any permit; third, this Agreement; and fourth, any
Exhibit to this Agreement/Site License.
SECTION 26. Termination by City
26.1 City may, in addition to seeking any other remedy available to it, terminate this Agreement
to occupy space in the ROW if Licensee neglects or refuses to comply with any of the provisions
of this Agreement beyond all applicable cure periods and fails within thirty (30) days after written
notice from City to correct such neglect, refusal or default provided Licensee shall have such
extended period as may be required beyond the thirty (30) days if the nature of the cure is such
that it reasonably requires more than thirty (30) days and Licensee commences the cure within the
thirty (30) day period and thereafter continuously and diligently pursues the cure to completion.
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In the event any default is limited solely to one or more Site Licenses, but not the Agreement as a
whole, the City’s termination right shall be limited to those Site Licenses under which Licensee is
in default beyond any applicable cure period.
26.2 Licensee’s failure to maintain or procure the insurance policy(ies) as required by Section 20
shall be cause for the City to terminate this Agreement pursuant to Section 26.1.
26.3 Licensee’s failure to pay any amounts owed to the City after notice of such deficiency and
the opportunity to cure as provided by this Agreement shall be cause for the City to terminate the
applicable Site Licenses.
26.4 Licensee’s failure to operate its Facilities (except during specific periods expressly excused
by this Agreement) once installed for a period of two (2) months within any twelve (12) month
period will be grounds for the termination of the Site License at that location upon sixty (60) days’
notice to Licensee, unless within such sixty (60) day period Licensee commences the use of such
Facilities.
26.5 This Agreement shall terminate, without notice, (i) upon the institution by or against either
Party of insolvency, receivership or bankruptcy proceeding or any other proceedings for the
settlement of either Party’s debts, (ii) upon either Party making an assignment for the benefit of
creditors or (iii) upon either Party’s dissolution or ceasing to do business.
SECTION 27. Licensee’s Records
27.1 During the entire term of this Agreement, Licensee shall keep records and provide
information to the City upon request relating to the status of the construction, repair, location or
relocation of Licensee’s Facilities.
27.2 If necessary for the City to determine Licensee’s compliance with the terms of this Agreement
or other applicable law, within ten (10) days of written notice by City of a request for disclosure,
Licensee shall provide relevant documentation as requested by City, respond to questions, and
produce relevant books and records for the City’s inspection and copying. Such records shall be
available to City at Licensee’s most proximate place of business within Colorado. Licensee shall
also require its employees, agents, and accountants to give their full cooperation and assistance in
connection with City’s access to such records.
SECTION 28. Penalties for Violation of Terms
28.1 City may pursue any remedy at law, including but not limited to injunctive relief, civil
trespass, and withholding other City permits and authorizations until Licensee complies with the
terms of the Agreement or the applicable law.
28.2 Such remedies are cumulative and may be pursued in the alternative.
SECTION 29. NOTICE
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29.1 All notices, which shall or may be given pursuant to this Agreement and shall be effective on
receipt, shall be in writing and transmitted through both email and US Mail, postage prepaid as
follows:
CITY OF ENGLEWOOD:
City of Englewood – Public Works Department
publicworks@englewoodco.gov
1000 Englewood Parkway
Englewood, Colorado 80110-2373
With copies to:
Englewood City Attorney’s Office
cao@englewoodco.gov
1000 Englewood Parkway
Englewood, Colorado 80110-2373
LICENSE:
_________________________
_________________________
Email:____________________
After-hours emergency phone:_______________
29.2 Either party may from time to time designate any other address for this purpose by written
notice to the other party in the manner set forth above.
29.3 Licensee shall notify the City within ten (10) business days of any change in mailing address.
SECTION 30. Governing Law
30.1 It is mutually understood and agreed that this Agreement shall be governed by the laws of the
State of Colorado, both as to interpretation and performance. Any action at law, suit in equity, or
judicial proceeding for the enforcement of this Agreement or any provision thereof shall be
instituted only in the courts located within Arapahoe County, Colorado, including federal court.
30.2 Provisions Required By Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this contract shall be deemed to be inserted herein and this
Agreement shall be read and enforced as though it were included therein.
SECTION 31. Partial Invalidity
If any section, paragraph, subdivision, clause, phrase or provision of this Agreement shall be
adjudged invalid or unenforceable, or is preempted by federal or state laws or regulations, the same
shall not affect the validity of this Agreement as a whole or any part of the provisions of this
Agreement other than the part adjudged to be invalid, unenforceable or preempted.
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SECTION 32. Non-Waiver
Licensee shall not be excused from complying with any of the terms and conditions of this
Agreement by any failure of City upon any one or more occasions to insist upon or to seek
compliance with any such terms or conditions.
SECTION 33. Force Majeure
With respect to any provision of this Agreement, the violation or non-compliance of which could
result in the imposition of a financial penalty, forfeiture or other sanction upon Licensee, such
violation or non- compliance shall be excused where such violation or non-compliance is the result
of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence
of which was not reasonably foreseeable by Licensee and is beyond its reasonable control.
SECTION 34. Dispute Resolution
34.1 If any dispute or claim arises out of the interpretation, performance or breach of this
Agreement, the Parties agree that upon the written demand of either Party, they will meet within
two (2) weeks of such demand to attempt in good faith to resolve the dispute. The meeting will be
attended by representatives of both Parties having the authority to resolve the dispute.
34.2 If the dispute is not resolved within a reasonable time, the disputing Parties shall be free to
use other remedies upon mutual consent, such as mediation or nonbinding arbitration. Absent
mutual agreement, the parties shall pursue litigation to resolve the dispute.
SECTION 35. Amendments, Modifications or Supplements
This Agreement may not be amended, modified or supplemented except by an authorized
representative of each party in a written agreement signed by both Parties. The City Manager or
designee shall be considered to be an authorized representative for the City.
SECTION 36. Exhibits
All Exhibits referred to in this Agreement and any addenda, attachments, and schedules which
may, from time to time, be referred to in any duly executed amendment to this Agreement are by
such reference incorporated in this Agreement and shall be deemed a part of this Agreement.
SECTION 37. Survival
Upon termination of this Agreement, no new Agreement or license will be issued and permission
for the Facilities to be in the ROW will terminate at the end of individual Site License Term as
applicable. However, all other terms and conditions of this Agreement shall survive and govern
with respect to any remaining terms in effect until their expiration or termination, including any
Section of this Agreement that must survive termination to fulfill its essential purpose.
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Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions
shall survive and govern with respect to any remaining in effect until their expiration or
termination.
APPROVED BY THE PARTIES ON THE DATE BELOW WRITTEN:
CITY OF ENGLEWOOD, COLORADO
By: __________________________________ Date:
________________________________
(Director of Public Works)
LICENSEE: INSERT
By: __________________________________ Date:
________________________________
(Title:____________________)
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EXHIBIT A: SITE-SPECIFIC LICENSE
This Site-Specific License (“Site License”), issued this _______ day of
_____________________, 20_____ (“Effective Date”) between the City of Englewood, with an
address of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as
“City” and _________________
______________________________________________________________________________
hereinafter referred to as “Licensee”.
1. Site License. This is a Site License as referenced in the Master Right of Way Use
License Agreement for the use of the City’s property in connection with Licensee’s Facilities,
between the City and Licensee dated ___________ ____, 20___ (“Agreement”). All of the terms
and conditions of the Agreement are incorporated herein by reference and made a part hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between Englewood Municipal Code, the terms of the Agreement,
and this Site License, the terms of Englewood Municipal Code first shall govern, then the terms
of the Agreement shall govern. Capitalized terms used in this Site License shall have the same
meaning as set forth in the Agreement unless otherwise indicated herein.
2. Project Description and Locations. Licensee shall have the right to place its own
Facilities at the designated areas in the City Public Rights-of-Way as further described in Exhibit
A-1 attached hereto, which provides the Site Plan for this Site-Specific License, and a
description of the Licensed Area and Equipment/Facilities (the “Licensed Area and Description
of Facilities”).
3. Term/Termination. The term of this Site License shall be _________________ (if blank,
it shall be the term set forth as in the Agreement). If the Licensee has not installed the
Equipment in the Licensed Area within one (1) year from the date of this Site License, this Site
License shall be deemed automatically terminated.
4. Fees. The initial annual Rental Fee for the term of this Site License shall be the amount
of fee as established in the City’s cost and fee schedule, per facility. The fee shall be annually
paid to the City, in the amount of the City’s then-current cost and fee schedule. This does not
include permit fees associated with the installation.
5. Commencement Date. The Commencement Date for the installation of Licensee’s
Equipment shall be the date upon which this Site License is issued by the City (“Site License
Commencement Date”). The first payment due will be paid within 90 days of the Site License
Commencement Date, with annual payments made thereafter to the City no later than the
anniversary date of this Site License.
6. Notice to Public. Licensee shall provide mailed, written notice to all adjacent or affected
residents or businesses at least two (2) weeks in advance of any proposed construction work. The
notice shall provide a contact name and number and/or email address to whom residents or
businesses can direct questions and comments regarding the proposed work.
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7. Approvals/Fiber. It is understood and agreed that Licensee’s ability to use the Licensed
Area is contingent upon its obtaining all of the certificates, permits and other approvals
(collectively “Government Approvals”) that may be required by any Federal, State or Local
authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee
use of the Licensed Area. In the event that (i) any of such applications for such Governmental
Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is
canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority;
(iii) Licensee determines that such Governmental Approvals may not be obtained in a timely
manner; (iv) Licensee determines that it will be unable to obtain or maintain in a satisfactory
manner any fiber or power connections; or (v) Licensee determines that the Licensed Area is no
longer technically compatible for its use, Licensee shall have the right to terminate this Site
License. Notice of the Licensee’s exercise of its right to terminate shall be given pursuant to the
Agreement. All payments made by Licensee under the Agreement or this Site License shall be
retained by the City. Upon such termination, this Site License shall be of no further force or
effect except to the extent of the representations, warranties and indemnities made by each party
to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of
Rent to the City.
8. Miscellaneous (if none, write “None”). __________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
CITY OF ENGLEWOOD ATTEST:
By: ___________________________________ ________________________________
Director of Public Works City Clerk
LICENSEE: _____________________________________
By: ____________________________________
Print Name/Title: _____________________________
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Exhibit A-1
Site Plan for Site-Specific License
Providing Licensed Area, Equipment, and Description of Facilities
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STUDY SESSION
TO: Mayor and Council
FROM: Maria D'Andrea
DEPARTMENT: Public Works
DATE: January 24, 2022
SUBJECT:
Outreach & Communication Plan for Organized Garbage &
Recycling Collection Initiative
DESCRIPTION:
Draft Communications Plan and on-line Citizen Survey related to Organized Collection
RECOMMENDATION:
Staff recommends that the City Council provide input to staff on the draft Communication Plan
as well as review & approve the citizen survey questions.
PREVIOUS COUNCIL ACTION:
• April 22, 2019: staff presented a Study Session item to the City Council on single source
trash hauling. Recommended next steps were 1) to form a citizen advisory group and 2)
perform outreach in the form of a survey & public meetings to solicit input from the
community on this topic.
• January 6, 2020: City Council directed staff to solicit citizens for a citizen's advisory
committee which would be responsible for providing Council with recommendations
regarding upcoming decisions about trash hauling services in the city.
• June 22, 2020: City Council approved the organization of the Citizen's Committee with
eleven (11) members of the public.
• December 7, 2020: City Council approved the recommendations from the Citizen's
Committee to: 1) reject the proposals received in July 2020 and 2) develop a new RFP
based on input from the Committee.
• June 14, 2021: City Council provided guidance to staff on issuance of an RFP for
organized collection of garbage & recycling.
SUMMARY:
Staff is planning to undertake a community outreach effort over the next two months through the
"Talkin' Trash" campaign to solicit input from the community. This will include public meetings, a
citizen survey, and social media efforts.
ANALYSIS:
Based on input from the Citizen’s Committee and City Council, the city issued a revised RFP for
city-wide residential garbage & recycling collection & disposal services on August 30, 2021. Four
companies participated in a mandatory pre-proposal meeting on Sept. 24, 2021. Two proposals
were received on November 2, 2021 from:
• Republic Services
• Waste Management
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The RFP sought proposals for a 5-, 7- and 10-year contract. One company provided pricing for
all 3 of those options; one company provided costs only for a 7- and 10-year contract. Both
proposals contain a number of modifications to the information requested. The Citizen's
Committee is in the process of evaluating the proposals. They have sought responses to
questions they have from the proposals to each of the waste haulers. It is anticipated that the
Committee will develop one or more recommendations, to the City Council, as a result of their
evaluation.
Staff conducted extensive community outreach and engagement in 2019 and 2020 to inform the
Request for Proposal process. Staff is planning to undertake a community outreach effort over
the next two months through the "Talkin' Trash" campaign to solicit input from the community.
This will include public meetings, a citizen survey, and social media efforts. Staff will also engage
with the city's neighborhood group leaders to help disseminate information and get feedback.
Feedback from the community, along with any recommendations from the Citizen's Committee
would be presented to City Council in April 2022. The City Council would consider whether or not
to move forward with organized collection at that time.
Draft Citizen Survey Questions
The following questions have been drafted by staff consideration. Staff is requesting Council input
on the wording of these questions as well as any additional questions that they wish to pose.
1. How satisfied are you with your current garbage service provider?
a. Very Satisfied
b. Satisfied
c. Dissatisfied
d. Very Dissatisfied
e. Why?
2. What company currently provides service to your property?
a. Republic Services
b. Waste Connections
c. Waste Management
d. Other ________
3. How much do you currently pay for service on a monthly basis?
a. Less than $18/month
b. $18-$21/month
c. $22-25/month
d. $26-$30/month
e. More than $30/month
4. If you were to pay $27-$30 per month, with a guaranteed maximum increase of $4-$5
over the next 7 years, would you be amenable to this cost structure?
5. Would you be supportive of a change to one service provider for the city?
6. Would you be interested in participating in a composting service at an additional cost?
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7. Would you like to see this question placed on a ballot for consideration by Englewood
voters?
Outreach Efforts
The citizen survey would be available, generally, for the entire month of February. It would be
promoted through various methods including social media and a mailed postcard. Two public
meetings would be held in early-March. One of these would be virtual and the other in-person.
The city's Englewood Engaged platform on the website would also be utilized to provide
information and solicit input.
COUNCIL ACTION REQUESTED:
Staff recommends that the City Council provide input to staff on the draft Communication Plan
as well as review & approve the citizen survey questions.
FINANCIAL IMPLICATIONS:
Limited costs are anticipated for this effort.
CONNECTION TO STRATEGIC PLAN:
Strategic Outcome: Sustainability
A city that protects its natural environment
-Evaluate organized garbage and recycling collection program
ATTACHMENTS:
Presentation
Draft Communication Plan
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Outreach & Communication Plan for Organized Garbage & Recycling Collection Initiative
Maria D’Andrea, Director of Public Works
January 24, 2022
Page 59 of 133
Background
•Organized collection evaluation was discussed by ETAC, BAC,
KEB and CASE
•Initial RFP was developed by staff with input from
representatives of these groups
•Citizen’s Committee established by Council in June 2020
•Committee recommended that the City reject all proposals and
re-write the RFP to:
•better incorporate elements that will better serve
residents; and
•potentially reduce costs
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Organized Collection-Advantages
Advantages:
•Increased efficiency (every house on the block is served by the same
company)which results in:
o Decreased impacts from truck traffic (pavement wear &tear,noise,
emissions)
o Decreased fuel consumption
•Greater community control including the ability to structure the program
in alignment with community goals
•Competitive bidding process ensures fair pricing –you pay what your
neighbor pays
•Increases are automatically built into the contract and are therefore
planned and predictablePage 61 of 133
Organized Collection-Disadvantages
Disadvantages:
•No choice in provider (for the first year of the program
•Greater administrative involvement and oversight by the city
•Hauling companies have more limited opportunities to compete
for contracts
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Base Service
•Weekly garbage collection & disposal
•Bi-weekly recycling collection & processing
•Large Item disposal (up to 3 specified items plus 10 additional
bags & 10 bundles/bags of yard waste), 2 times per year
•Bi-annual yard waste events Page 63 of 133
Composting
•Optional Service
•Household can choose as an additional service,
for an additional cost
•Year-round, weekly collection service
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Service “Opt Out”
•Service mandatory for all households during first year of program
•After first year, households could “opt out” upon valid proof of
alternate service; but will still be required to pay a minimum service
fee
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Communication & Outreach Plan
City Website
•Englewood Engaged page
•Talk -n-Trash page under Public Works
Print Media
•Citizen’s Magazine
•Postcard
Social Media
•Facebook/NextDoor/Twitter
Other
•Educational Video (if timing allows)
•Public Meetings
o 2 meetings (one virtual and one in-person)
o FAQ sheet based on questions received via survey & in public meetings Page 66 of 133
Communication & Outreach Plan (continued)
Citizen Survey
How satisfied are you with your current garbage service provider?
Very Satisfied
Satisfied
Dissatisfied
Very Dissatisfied
Why? _____________
What company currently provides service to your property?
Republic Services
Waste Connections
Waste Management
Other ____________
How much do you currently pay for service on a monthly basis?
Less than $18/month
$18-$21/month
$22-25/month
$26-$30/month
More than $30/monthPage 67 of 133
Communication & Outreach Plan (continued)
Citizen Survey (continued)
If you were to pay $27-$30 per month, with a guaranteed maximum increase of $4-$5
over the next 7 years, would you be amenable to this cost structure?
Would you be supportive of a change to one service provider for the city?
Would you be interested in participating in a composting service at an additional cost?
Would you like to see this question placed on a ballot for consideration by Englewood
voters?Page 68 of 133
Schedule
Page 69 of 133
Questions and Discussion
Page 70 of 133
Organized Garbage & Recycling Initiative
Communications Plan
Why are we considering this?
The city is exploring the possibility of changing to an organized collection system for garbage pick up. In
an organized collection system, the city would contract with one vendor who would provide service to all
residential properties in Englewood. Recycling would be required of all households.
Base Service (included in monthly price):
• Weekly collection & disposal of garbage
• Bi-weekly (every other week) collection & processing of recycling at either the alley or curbside
• Large Item (furniture, non-freon appliances, etc) disposal (up to 3 items plus additional bags &
yard waste) 2 times per year
• Yard waste collection events
Costs would be included on the city’s monthly utility bill sent to each property owner
Advantages of an Organized Collection System are:
• Increased efficiency (every house on the block is served by the same company) which results in:
o Decreased impacts from truck traffic (pavement wear & tear, noise, emissions)
o Decreased fuel consumption
• Greater community control over waste services including the ability to structure the program in
alignment with community goals
• Competitive bidding process ensures fair pricing – you pay what your neighbor pays
• Increases are automatically built into the contract and are therefore planned and predictable
Disadvantages of an Organized Collection System are:
• Households do not have a choice in their provider (for the first year of the program); if you are
dissatisfied with the service, you may opt out of the city’s program after the first year but will still
be required to pay a minimum service fee
• Greater administrative involvement and oversight by the city
• Hauling companies have more limited opportunities to compete for contracts
Page 71 of 133
This Communications Plan has been developed to assist staff in educating citizens about:
1) The purpose & need, and the benefits of the proposed initiative
2) How the program will be considered; process if the city moves forward
3) How to assist the city in helping make the decision (survey results)
Communication & Education Methods
City Website
• Englewood Engaged page
• Talk-n-Trash page under Public Works
Polco Survey
Print Media
• Citizen’s Magazine
The quarterly Citizens magazine will be utilized to inform citizens about the program as well as
provide detailed maps and schedules. The spring issue will be used to inform about the “whys” of
the program and include the survey link; the summer issue would be used to explain next steps,
if Council decides to move forward.
• Postcard?
A postcard will be mailed to each property within the city outlining the program and pointing
recipients to the city’s website for more information. The postcard will focus on the survey as well
as explaining the Base Services.
Social Media
• City Website-Englewood Engaged page
There is currently a page under Public Works for Talk-n-Trash. Staff will review the current
information for accuracy, develop more content around the “whys” of the program, and add the
survey link.
• Facebook/NextDoor/Twitter
Messages will be developed and posted using the city’s various social media sites to ask citizens
to complete the survey by Feb. 28.
Other/In-Field
• Educational Video (if timing allows)
• Public Meetings
o 2 meetings (one virtual and one in-person) to review materials and answer questions
o Prepare an FAQ based on questions received in public meetings
Page 72 of 133
Polco Survey Questions
1. How satisfied are you with your current garbage service provider?
a. Very Satisfied
b. Satisfied
c. Dissatisfied
d. Very Dissatisfied
e. Why?
2. What company currently provides service to your property?
a. Republic Services
b. Waste Connections
c. Waste Management
d. Other ________
3. How much do you currently pay for service on a monthly basis?
a. Less than $18/month
b. $18-$21/month
c. $22-25/month
d. $26-$30/month
e. More than $30/month
4. If you were to pay $26-$30 per month, with a guaranteed maximum increase of $4-$5 over the
next 7 years, would you be amenable to this cost structure?
5. Would you be supportive of a change to one service provider for the city?
6. Would you be interested in participating in a composting service at an additional cost?
7. Would you like to see this question placed on a ballot for consideration by Englewood voters?
Page 73 of 133
STUDY SESSION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: January 24, 2022
SUBJECT: Reserving Parking Spaces for Veterans
DESCRIPTION:
On Monday, November 15th, Council Member Wink requested a study session on dedicating
parking spaces throughout the City for veterans. This study session will provide an overview of
the logistics of implementing this program.
RECOMMENDATION:
Staff requests that Council consider the placement of parking spots reserved for veterans
throughout the City.
PREVIOUS COUNCIL ACTION:
November 15, 2021 Council Meeting - Council Member Wink requested a study session on the
placement of reserved parking spaces for veterans, and consideration of ways to honor
veterans; Council agreed to direct staff to provide options.
SUMMARY:
At the Council meeting on Monday, November 15, 2021, Council Member Wink requested a
study session on honoring veterans, with the specific example of honoring veterans through
dedicated parking spaces. Staff is providing Council with a proposal to reserve seven parking
spaces across the City for veterans. The proposal includes the projected cost and proposed
sign designs, locations, enforcement, and timeline.
ANALYSIS:
Projected Cost
Signs can be made in-house and would likely $50 each, for a total of $350 for seven signs.
Proposed Design
On slide six of the attached PowerPoint presentation, staff is providing three possibilities for sign
design. These signs would all cost approximately $50 each. Additional designs may be
considered, but costs may vary and signs would need to meet the City's existing sign
specifications.
Proposed Locations
Staff proposes that signs be placed in the following locations:
• Englewood Recreation Center;
Page 74 of 133
• Broken Tee Golf Course;
• Malley Recreation Center;
• Englewood Police Department
• Civic Center roundabout;
• Civic Center, second floor of parking structure; and
• Parking lot owned by the City behind Broadway.
Reserved spaces at these locations would ensure that specified parking for veterans is available
at City facilities frequented by the public, as well as on public rights of way close to shopping
and other services.
Enforcement
The City is not prohibited from designating parking spaces for veterans on the City's public
rights of way, pursuant to C.R.S. 31-15-702. Signs would be considered non-regulatory and
thus non-enforceable.
Timeframe
If supported by Council, staff will begin design and creating signs, with expected posting in late
February/ early March, 2022.
CONCLUSION:
Staff recommends that Council provide guidance as to whether staff should reserve specific
parking spots for veterans. Staff requests that Council provide feedback on:
• Locations- Does Council support the proposed locations, or are there other locations that
should be included?
• Design- Does Council support a particular design?
• Overall Program- Does Council have any ideas/suggestions related to the development
and implementation of this program?
FINANCIAL IMPLICATIONS:
Staff is currently proposing that seven signs be placed throughout the city. Each sign costs $50,
for a total cost of $350. This would be absorbed by the existing Fiscal Year 2022 budget.
CONNECTION TO STRATEGIC PLAN:
Currently, the strategic plan does not include projects specifically related to honoring veterans,
nor projects that specifically relate to reserved parking spaces.
OUTREACH/COMMUNICATIONS:
If Council supports reserving spaces for veterans, staff will use existing communication
channels to ensure the public is aware of these spaces. Communication will also include
tailored messaging to veterans' groups.
ATTACHMENTS:
Reserved Parking for Veterans- PowerPoint
Page 75 of 133
Honoring Veterans through
Reserved Parking Spaces
City Council Study Session Page 76 of 133
•Proposal
•Projected Cost
•Proposed Designs
•Proposed Locations
•Enforcement
•Timeline
•Questions for Council
•Questions and Discussion
Agenda
Page 77 of 133
Proposal
•Placement of seven dedicated parking
spaces for veterans throughout the City
(Response to Council Member Wink’s
request at the November 15, 2021 Council
Meeting)Page 78 of 133
•Signs can be made in-house
•Each sign will cost approximately $50
•Total cost of approximately $450 (for 9 signs)
Projected Cost Page 79 of 133
Proposed Designs Page 80 of 133
•Recreation Facilities
-Englewood Recreation Center
-Broken Tee Golf Course
-Malley Recreation Center
•Civic Center
-Entry area (first floor by the circle)
-Second floor of parking structure
•Downtown Area
-Parking lot owned by the City off of Broadway
-Police Department
Proposed Locations Page 81 of 133
•The City is not prohibited from designating parking spaces for veterans on the
City’s public rights of way, pursuant to C.R.S. 31-15-702
•Signs would be considered non-regulatory and thus non-enforceable
Enforcement
Page 82 of 133
•If supported by Council, staff will begin designing and creating signs
•Signs can be posted in February/March
•Communication will be sent out to let the public know about these new spaces
Timeline
Page 83 of 133
•Location-Does Council support the proposed locations, or are
there other locations that should be included?
•Design-Does Council support a particular design?
•Overall Program-Does Council have any ideas/suggestions related to
the development and implementation of this program?
Questions for Council
Page 84 of 133
Questions and Discussion Page 85 of 133
STUDY SESSION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: January 24, 2022
SUBJECT: City Council policy manual discussion
DESCRIPTION:
Review of Council Policy Manual
RECOMMENDATION:
Review 2021 Council Policies, to determine if City Council desires to amend the current policies
PREVIOUS COUNCIL ACTION:
City Council approved its 2021 Council Policies by motion on September 7, 2021
SUMMARY:
City Council previously adopted City of Englewood Council Policies, a formal guide for City
Council, its meetings, and its procedures. These policies address officers/employees,
meetings, agendas, decorum, travel, vacancies and other areas. Covid caused in-person
meeting restrictions, and to accommodate these, Council adopted various amendments in 2021,
including an expansion of video attendance at Council meetings and hearings.
This presentation reviews the current 2021 Council Policies. Several Council Members have
raised potential amendments to these, including expenditures for citizen outreach from Council
discretionary funds and attendance at executive session through video. These and other
provisions will be discussed, to determine City Council support for 2022 amendments to Council
Policies.
COUNCIL ACTION REQUESTED:
Receive report, and direct staff to prepare any amendments to the 2021 Council Policies
FINANCIAL IMPLICATIONS:
None anticipated
ATTACHMENTS:
Powerpoint
2021 Council Policies
Page 86 of 133
City of Englewood
City Council Policies
2021
CITY OF ENGLEWOOD | 1000 Englewood Pkwy, Englewood, CO 80110
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City of Englewood/Council Policy and Procedures Page 1 | 22
TABLE OF CONTENTS Page #
I. Establishment of City Council Policies 4
Establishment 4
Amendment 4
Suspension of Rules 4
II. Officers and Employees 5
Presiding Officer 5
Mayor 5
Mayor Pro Tem 6
Temporary Chairperson 6
Officers and Employees to Attend City Council Meetings 6
City Manager 6
City Attorney 6
City Clerk 6
Department Directors/Employees 6
III. Meetings 6
Order of Business 6
Meetings – Open to the public 7
Distribution of Agenda and Agenda Packet 7
Minutes of the Meeting 7
Roll Call 7
Quorum 7
Summary of Minutes 7
Consent Agenda 8
Ordinances, Resolutions, Motions 8
Preliminary Matters 8
Ordinances 8
Emergency Ordinances 9
Resolutions 9
Motions 9
Addressing City Council 9
Verbal Communications 9
Scheduled Public Comment 10
Unscheduled Public Comment 10
Written Communication 10
Off-agenda Topics 10
Manner of Addressing Council/Time Limit 10
Public Hearing 11
Voting 11
IV. Policy Regarding Rules of Decorum 11
General 11
Seating Arrangement 11
Personal Privilege 12
Excusal during Meeting 12
Obtaining the Floor/Recognition by Chairperson 12
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City of Englewood/Council Policy and Procedures Page 2 | 22
Interruptions 12
Dissents and Protests 12
Study Session Policy 12
Provide Material in Advance 12
City Council and Citizen Requests 12
City Council Communications 12
Direction by Consensus 12
Garrett Rule 13
Woodward Rule 13
Public Meeting Policy 13
Agenda Materials 13
Burns Rule 13
Consent Agenda Protocols 13
Debate Decorum 13
Be Gracious and Respectful at all Times 13
Remain Silent 13
Interpersonal Behavior 13
Be Attentive 13
Take Time to Negotiate 13
Personality Conflicts 13
Use of Electronic Devices 13
V. Discretionary Funds 14
Allocation 14
Limitation on out-of-state travel 14
Publications/Printed Materials 14
Membership Dues 14
Meals 14
Computer Supplies/Technology 14
City Issued Credit Cards and Receipts 14
Reimbursements 14
Fair Campaign Practices Act 14
Charitable Contributions 15
Blackout Period 15
Postage Costs– Mass Mailings 15
Holiday Greetings prohibited 15
Pre-stamped envelopes 15
VI. Travel 16
Approval 16
Documentation 16
Fiscal Responsibility 16
Reconciliation of Prior Travel 16
Monitoring Policy 16
Publication of Expenditures 16
Out-of-State Travel 16
Expense Repayment 16
VII. Communications Policy 16
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City of Englewood/Council Policy and Procedures Page 3 | 22
Private E-mail Service 16
Official Custodian 16
CORA Statement 16
E-mail Communications 17
Retention Policies Applicable to E-mail Communications 17
E-mail Management Policy 18
VIII. City Council Vacancies 18
Resignation of a City Council Seat 18
Vacancies 18
Vacancy created by Mayor 18
Date of mandatory vacation of office 18
Procedure for selecting a successor 18
Term of Successor 19
Multiple Vacancies 19
IX. Electronic Participation 19
Purpose 19
Statement of Policy 19
Procedures 20
Quorum 20
Chairperson 20
Executive Session 20
X. Personnel 20
Annual Evaluation of City Officers 20
Annual Wage Adjustment 20
Timeline/Procedure 20
Meeting with City Officer 21
Municipal Court Judge/Municipal Court Budgetary Issues 21
XI. Agenda Setting 21
Mayor/City Manager meeting 21
City Manager: Authority to set agenda items 21
City Council Members: Authority to set agenda items 21
Proclamations 21
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City of Englewood/Council Policy and Procedures Page 4 | 22
I. ESTABLISHMENT OF CITY COUNCIL POLICY AND PROCEDURE
A. Establishment. The City Council shall adopt a Policy Manual. Adoption of Council policy shall
be by Motion in public session and shall thereafter be included in a Council Policy Manual.
B. Amendment. These rules may be amended or new rules adopted by majority vote of all members of
the City Council. Any such amendment(s) shall be submitted in writing at the preceding regular meeting
and shall be placed on the agenda of the City Council. Any change to Council Policy shall be
accomplished in the same fashion as a new policy.
C. Suspension of Rules. Any provision of these rules not governed by the City Charter or City Code may
be temporarily suspended, amended, or changed at any meeting of the City Council by a majority vote
of all members of the City Council. The vote on any such suspension shall be taken by ayes and nays
and entered in the record.
Resolution No. 48, Series of 1990
II. OFFICERS AND EMPLOYEES
A. The Presiding Officer.
1. Mayor.
a. Charter § 24. After each general municipal election, the City Council shall elect from their
own number a Mayor who will be the presiding officer entitled to vote. The Mayor shall
have no veto power and shall serve at the will of the City Council. The Mayor shall be
recognized as head of the City Government for all ceremonial purposes and shall execute
and authenticate legal instruments requiring their signature as such official.
b. Term. A Mayor shall serve for two years unless removed by action of a majority of the
City Council.
c. Election Procedure. The presiding officer of the City Council shall be the Mayor who shall
be elected by majority vote of the members of the City Council. Generally, such election
shall take place at the second meeting in November after each general municipal election,
or following an action to remove the Mayor, or after a Mayor should resign from such
position, or as needed.
d. Duties and Authority.
1) Rules of Procedure and Decorum. The presiding officer shall preserve strict order
and decorum at all regular and special meetings of the City Council. The presiding
officer shall conduct the meetings in conformance with the adopted Rules of
Procedure.
2) Duties. The Mayor shall call every meeting of the City Council to order. The
Mayor shall, in conformance with the adopted Rules of Procedure, state every
question coming before the City Council, announce the decision of the City
Council on all subjects, and decide all questions of order, subject to the adopted
Rules of Procedure.
3) Appointments by the Mayor. Except when otherwise provided by State law,
nominations to boards/commissions/committees shall be by general consensus of
the body. An action to approve and accept such nomination by regular motion shall
be placed on the agenda for the next regular meeting and approved by majority
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City of Englewood/Council Policy and Procedures Page 5 | 22
vote of the body present. The effective date of such appointment shall be as
provided by law, or as determined by action of the City Council.
4) Voting. The Mayor shall vote on all questions, their name being called last.
5) Communications. The Mayor shall supply copies of all mailings/communications
sent on behalf of the City or City Council to the City Council for informational
purposes and comment prior to mailing or publicizing such
mailings/communications. The City Manager or Mayor or City Council may
designate staff to compose or prepare letters sent on behalf of the City over the
mayor's signature.
2. Mayor Pro Tem.
a. Election. The Mayor Pro Tem shall be elected by the members of the City Council at the
second meeting in November after each general municipal election, or as needed.
b. Authority. The Mayor Pro Tem shall serve as Mayor during the absence or disability of the
Mayor and, in case of a vacancy in the office of the Mayor, pending a selection of a new
Mayor.
c. Duties. While serving in the capacity of Mayor, the Mayor Pro Tem shall have all powers
of the Mayor, including signing all ordinances and contracts approved at any meeting over
which the Mayor Pro Tem did preside.
3. Temporary Chairperson. In the absence of the Mayor and Mayor Pro Tem, the City Clerk or Deputy
City Clerk shall call the City Council to order, whereupon a temporary chairperson shall be elected
by the members of the City Council. Such temporary chairperson shall serve as presiding officer
of the City Council until the arrival of the Mayor or the Mayor Pro Tem, at which time the
temporary chairperson shall relinquish the chair upon the conclusion of the business immediately
before the City Council. When necessary, the temporary chairperson shall serve until the election
of a new Mayor and Mayor Pro Tem.
B. Officers and Employees to Attend City Council Meetings.
1. City Manager. The City Manager, or the Manager’s designated representative, shall attend all
meetings of the City Council posted in accordance with the Colorado Open Meetings Law, unless
excused by the City Council. The Manager shall carry out all duties as set forth by Charter, and
within the established job description. The Manager may make recommendations to the City
Council upon any matter requiring action of the City Council, and may take part in discussions on
all matters concerning the welfare of the City.
2. City Attorney. The City Attorney, or the Attorney’s designated representative, shall attend all
meetings of the City Council posted in accordance with the Colorado Open Meetings Law, except
the City Attorney may be excused by the City Council from study sessions where no official
business of the City is anticipated to occur, including meetings with elected State or Federal
representatives, interviews for volunteer positions, and similar meetings. The City Attorney is the
legal representative of the City, and advises the City Council and City Officials in matters related
to their official duties and powers.
3. City Clerk. The City Clerk is the clerk of the City Council. The City Clerk, or the Clerk’s designee,
shall attend all meetings of the City Council, unless excused by the City Council. The City Clerk
shall be responsible for providing agenda packets to members of the City Council, provide draft
minutes to the members of the City Council the Thursday before such minutes are to be approved,
assisting the Mayor with monitoring parliamentary matters, taking and announcing the vote upon
all actions of the City Council, keeping the minutes of the meeting, and such other and further
duties in the meeting as may be ordered by the Mayor, City Manager or City Council.
4. Department Directors/Employees. Department directors, city officers, or any employee of the City,
when requested by the City Manager, shall attend any regular or special meeting, or study session,
and confer with the City Council on matters relating to the business of the City. In conformance
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with Charter §32, officers and employees shall interact with the presiding officer, unless the
presiding officer specifically allows direct interaction.
III. MEETINGS
A. Order of Business. The agenda of the City Council shall be as follows except where otherwise decided
by a majority vote of City Council members present at said meeting:
1. Call to order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of minutes of previous session.
6. Recognition of Scheduled Public Comment.
7. Recognition of Unscheduled-Public Comment
8. Communications Proclamations and Appointments.
9. Consent Agenda items.
10. Public Hearing items.
11. Ordinances, Resolutions and Motions.
12. General Discussion: (the order of the following at discretion of Mayor)
a. Mayor’s Choice.
b. Council Member's Choice.
13. City Manager's report.
14. City Attorney's report (if requested by City Attorney).
15. Adjournment
B. Meetings - open to public. All meetings of a quorum or three or more members of any local public
body, whichever is fewer, at which any public business is discussed, or at which any formal action may
be taken are declared to be public meetings open to the public.
1. "Meeting" means any kind of gathering, convened to discuss public business, in person, by
telephone, electronically, or by other means of communication. See C.R.S. 24-6-402.
2. "Local public body" means any board, committee, commission, authority, or other advisory, policy-
making, rule-making, or formally constituted body of any political subdivision of the state and any
public or private entity to which a political subdivision, or an official thereof, has delegated a
governmental decision-making function but does not include persons on the administrative staff of
the local public body.
3. Regular Meeting. Regular meetings of the City Council shall be held in the City Hall on the
first and third Mondays of each month at the time designed by City Council, or at such other
time and day as the City Council may, from time to time, designate; provided, however, that
when the day fixed for any regular meeting falls upon a day designated by the City Council or
law as a local, legal, or national holiday, such meeting shall be held at the same hour on the
next succeeding day not a holiday.
4. Special meetings. Special meetings of the City Council may be called in the manner and at the
time provided for by Bob’s Rules of Order, the rules of procedure of the City Council.
a. Authority to Convene. The Mayor shall call special meetings of the City Council
whenever in the Mayor’s opinion the public business may require it, or at the express
written request of any three (3) members of the City Council.
b. Notice. Whenever a special meeting shall be called, a summons or a notice in writing
signed by the Mayor or City Manager shall be served upon each member of the City
Council, either in person, or by both telephone and e-mail, or by notice left at their
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City of Englewood/Council Policy and Procedures Page 7 | 22
place of residence, stating the date and hour of the meeting and the purpose for which
such meeting is called, and no business shall be transacted except such as is stated in
the notice. Members of the City Council may notify the City Clerk of their preferred
method of notice. Notice of a special City Council meeting may be announced by the
Mayor at any regular City Council meeting and when so announced, a written notice
shall not be required. Notice of a special City Council meeting, whether written or oral,
shall be served upon each Council Member at least twenty-four (24) hours before the
special meeting is to be held; except that if, after diligent effort is made to give notice
of any such meeting to all members of the City Council, notice of the same cannot be
given due to an inability to locate any member, a majority of the City Council may
waive notice of a special City Council meeting in writing or by affirmative vote at the
special meeting and such waiver shall be specifically noted in the minutes of the
meeting. Notice may be waived by the entire membership of the City Council in any
case.
5. Executive Session. The City Council may call an executive session in conformance with C.R.S.
24-6-402.
C. Distribution of Agenda and Agenda Packets. On the Thursday preceding a regular City Council
meeting, or at such other day as the City Manager, shall determine, the City Manager will make
available to each Council Member an agenda showing the order of business and indicating the public
hearings to be anticipated as a result of previous action of the City Council, planning or other
commissions. Also listed will be ordinances for first or second reading, petitions previously presented
to the Clerk’s office and a list of the reports of special committees, the City Manager or City Attorney.
The City Clerk shall make agenda packets available to members of the City Council in electronic format
by 5:00 p.m. on the Thursday prior to any scheduled meeting of the City Council. Printed materials
will be made at the same time, or as soon thereafter as practicable.
1. Rita Rule – All Council Members shall receive the same information at the same time in the Council
Packet.
D. Minutes of the Meeting. Minutes of the meeting shall be action minutes. In conformance with the
adopted Rules of Procedure, the Clerk may be directed by the Mayor to enter a synopsis in the minutes
of the discussion on any question coming regularly before the City Council. A City Council Member
may request, through the presiding officer, the privilege of having an abstract of their statement on any
subject under consideration by the City Council entered in the minutes.
E. Roll Call. Before proceeding with the business of the City Council, the City Clerk, or their deputy,
shall call the roll of the members, and the names of those present shall be entered in the minutes. The
time at which any member joins or leaves a meeting after it has convened shall also be noted within the
minutes.
F. Quorum. Pursuant to City Charter, five (5) members of the City Council shall constitute a quorum at
any regular or special meeting of the City Council. In the absence of a quorum, the presiding officer
may, or at the instance of any three (3) members present, shall, compel the attendance of absent
members.
G. Summary of Minutes. At each meeting it shall be asked by the presiding officer if there are objections
or are corrections to be made to the summary of minutes of the preceding meeting as published. If there
are no objections, the summary of minutes shall be approved.
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H. Consent Agenda. The consent agenda is a tool used to streamline City Council meeting procedures
by collecting and grouping routine, noncontroversial topics into a single agenda item that can be
discussed and passed with a single motion and vote.
I. Ordinances, Resolution, and Motions. The City Council shall act only by ordinance, resolution or
motion. All legislative enactments must be in the form of ordinances, all other procedures may be in
the form of resolutions or motions. All ordinances and resolutions shall be confined to one subject,
except in case of repealing ordinances, and the ordinances making appropriations shall be confined
to the subject of appropriations.
1. Preliminary Matters.
a. Sponsorship. All ordinances and resolutions shall be introduced to the City Council in
printed or written form, either electronically or hard copy, and shall be limited to a single
topic.
b. Attorney Review. All proposed ordinances shall be reviewed by the City Attorney’s
Office and bear the certification of the City Attorney that such document is in correct
form.
c. City Manager. The City Manager shall attach to each proposed ordinance a brief digest
of the provision thereof and where it is proposed to amend an existing ordinance (if
applicable). Said digest shall indicate the change sought to be made and shall also show
the name of the department or party at whose request the proposed ordinance was
prepared.
2. Ordinances. Ordinances are used primarily for legislative actions. In addition, by City Charter,
certain agreements and certain budgetary matters must be approved by ordinance.
a. First reading. At first reading a proposed ordinance is referred to as a “Council Bill.” At
second and subsequent readings it is referred to as a “bill for an ordinance.”
b. Introduction. A Council Bill may be introduced at any regular meeting, or by petition of
the people as provided by the City Charter.
c. Sponsor. If a Council Member has requested a Council Bill for an ordinance that person’s
name should appear on the ordinance as the sponsor of the Council Bill.
d. Action. At the first reading, the Council Bill will have a previously assigned Council Bill
number on the document. After a Council Bill is presented to the City Council, it becomes
an official document which must be acted upon through approval, failure to approve,
tabling, etc.
e. Amendment. After introduction and prior to voting upon approval of the Council Bill,
the Council Bill may be amended by majority vote of the City Council. A motion must
be made to amend the ordinance with the specifics of the amendment identified and stated
in the motion.
f. Voting. Every ordinance shall require an affirmative vote of the majority of all members
of the City Council for approval, even when all members of the City Council are not present
at such meeting.
g. Motion Form. Ordinances are always dealt with in the positive, therefore the action is
always a “motion to approve." The motion is never made to disapprove.
h. Publication. Upon approval, the Council Bill, including all amendments, shall be
published in full on the City’s official website, and by title only in the City’s legal
newspaper.
i. Public Hearing. The City Council may set a day and hour at which the City Council, or
a committee of the City Council, shall hold an administrative public hearing thereon.
1) Kells Rule - Second reading of an ordinance shall not be heard on the same
evening as a public hearing.
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j. Bill for Ordinance. A bill for an ordinance shall be presented for approval at one
additional meeting of the City Council, which meeting must be held no earlier than seven
days after publication of the Council Bill.
k. Second Consideration. Publication dates and notice requirements may dictate that a bill for
an ordinance not come back at the next meeting of City Council.
l. Second Reading Procedure. Generally, the bill for an ordinance is presented for second
reading under the Consent Agenda. All items previously approved may be approved in a
batch, or they may be removed from the Consent Agenda. Ordinances approved under the
Consent Agenda are automatically assigned a number by the City Attorney’s Office and/or
City Clerk and are not individually read by title.
m. Consent Agenda Removal. Removal from the consent agenda does not require a motion or
vote. Those items removed are considered, individually, after all other consent agenda
items have been approved. The procedure for acting upon items removed from the consent
agenda should be to deal with the items in the same order as they appear on the agenda,
each to be debated and voted upon separately.
n. Voting After Consent Agenda Removal. Any bill for an ordinance removed from the
consent agenda is procedurally acted upon in the same manner as the initial approval
procedure.
o. Amendment on Second Reading. The City Council may amend a bill for an ordinance.
Approving an amended bill for an ordinance requires the amended bill be treated the
same as a Council Bill, requiring re-publication and an additional consideration by the
City Council as a bill for an ordinance.
p. Approval Twice. Each ordinance of the City must be presented to the City Council and
approved in the same form twice, regardless of the number of times a bill for ordinance
is amended.
q. Second Publication. After the second action to approve, an ordinance shall again be
published, by reference or in full at the discretion of the City Council, and such
publication shall be made by publishing on the City’s official website or by publication in
the newspaper designated by the City Council as the City’s official newspaper.
r. Summary Publication. Any publication by reference shall contain a summary of the
subject matter of the ordinance and a notice that copies of the ordinance are available at
the office of the City Clerk.
s. Referendum. The referendum period shall apply to all ordinances passed by the City
Council, except ordinances making the tax levy, the annual appropriation ordinance, or
the ordering of improvements initiated by petition and to be paid for in whole or part by
special assessments.
t. Effective Date. Except in cases of a filed referendum, all ordinances shall take effect
thirty days after publication following final passage.
3. Emergency Ordinances. Emergency ordinances necessary for the immediate preservation of public
property, health, peace or safety, must be approved in accordance with City Charter § 41.
4. Resolutions. Resolutions are used for formal approval of non-legislative measures. A resolution
is passed upon approval by a majority of the quorum present at the meeting.
5. Motions. Motions are the most common form of official action by the City Council. Motions shall
be carried out in conformance with Bob’s Rules of Order as adopted by the City Council and in
conformance with Charter § 27. Unless otherwise dictated by applicable law or procedure, a motion
is passed upon approval by a majority of the quorum present at the meeting.
J. Addressing the City Council.
1. Verbal Communications. Formal verbal communications to the City Council as a body are allowed
only at those times provided in the Agenda of a regular meeting, including public comment and
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public hearings. Interested parties may address the City Council by verbal communications on any
matter concerning the City’s business. Speakers should not expect an immediate response. Issues
are typically referred to City staff for follow-up and reported back to the City Council.
a. Scheduled Public Comment. Any private individual who desires to appear before the City
Council may be scheduled to appear by advising the City Manager (or their designee) of
such request not later than 5:00 p.m. the Wednesday preceding the next regular meeting.
Future meetings may not be scheduled in advance. Scheduled public speakers shall be
given up to five minutes to present to the City Council.
b. Unscheduled Public Comment. Any person who did not make a request to address the
City Council as a scheduled speaker the week prior to such regular meeting who desires to
address the City Council as an unscheduled speaker shall first secure the permission of the
presiding officer to do so. Unscheduled speakers shall be limited to three minutes.
Note: The time available for unscheduled public comment may be limited to assure the
matters included in the agenda, upon which the public has been notified action is to be
considered, are completed. If unscheduled public comment time is limited, the time
available for unscheduled public comment shall be allotted in accordance with the order in
which individuals signed the list requesting to be an unscheduled speaker.
2. Written Communications. Interested parties may address the City Council by written
communication upon matters for consideration by sending such written communication to the City
Clerk (or their designee) for inclusion in the agenda packet not later than 5:00 p.m. the Wednesday
preceding the next regular meeting.
3. Off-agenda Topics. In conformance with Open Meetings Law, City Council members shall not
respond to community comments upon topics not noted in the agenda. During that portion of the
agenda called “Council Member’s Choice” any member of the City Council may 1) request staff
research such matter and provide such research to the City Council in the form of a “Council
Request,” 2) make a motion to bring any unscheduled matter introduced during public comment to
a future study session for study, or 3) make a motion to bring any unscheduled matter to a regular
meeting for a defined action. Following approval of the motion by a majority vote, the matter shall
be scheduled for a future meeting.
4. Manner of Addressing the City Council /Time Limit.
a. Each person addressing the City Council shall give their name. Each speaker shall also
provide information identifying themselves as either a guest of the City, resident of the
City, business owner, or non-resident landlord. This information may be provided through
the speaker’s residential address, the major intersection nearest the speaker’s residential
address, the name of the speaker’s business, the City Council district where the speaker
resides, or the name of a city other than Englewood where the speaker resides.
b. All remarks shall be addressed to the City Council as a body and not to any member
thereof. Remarks intended for a single member of the body should be conveyed directly
to that member through personal communication.
c. If a member of the City Council asks clarifying questions of the speaker, no person other
than the City Council member and the speaker shall be permitted to enter into the
discussion, either directly or through invitation of a member of the City Council, without
the permission of the presiding officer.
d. No question shall be asked of a City Council Member as an individual except through the
presiding officer.
e. All speakers shall respect the public nature of the forum, and the purpose of the forum to
conduct the business of the City, by conveying their message to the City Council in
language that avoids profanity and expletives.
f. No speaker shall make threats of violence or harm, or convey threats of violence or harm.
g. The presiding officer shall advise any speaker of a violation of these rules.
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K. Public Hearings.
1. Speakers. All persons desiring to be heard on a particular issue at a public hearing before the City
Council shall sign up in advance of the public hearing. They shall provide their names, addresses,
and indicate whether they are speaking for or against an issue, or are neutral. Each person on the
list will be called to the podium, and before speaking will attest/swear to the truthfulness of the
testimony presented. Speakers at public hearings are limited to the presentation of testimony, or
other evidence, upon the pending matter, and may not question others in the room, call others to
testify, or cede their time to other speakers.
2. Time Limits. The standard time limit allotted to each speaker shall be three (3) minutes, but the
presiding officer, with approval of a majority of the City Council, may modify the length of time
to be allotted to all speakers heard upon any subject.
3. Rebuttal. Following the presentations of all speakers, the petitioner, if any, will be given time for
rebuttal. Following the rebuttal of the petitioner, the presiding officer will declare the hearing
closed. After the public hearing is closed the matter is remanded to the City Council for
consideration.
4. City Council Requests. If any City Council Member wishes more information from any individual
who spoke at the hearing, they may direct questions only through the presiding officer, to the
individual and the response solicited from the speaker by the presiding officer will be limited to the
answer of the question as stated.
5. Quasi-Judicial Hearings. Quasi-judicial hearings shall be conducted in strict conformance with the
standards set forth within the Englewood Municipal Code provisions authorizing such quasi-
judicial hearing, and E.M.C. 1-10-2-7. All other public hearings are administrative in nature and
shall be conducted in conformance with Title 1, Chapter 10 of the Englewood Municipal Code.
After opening a quasi-judicial public hearing, the presiding officer shall state into the record,
“Council members use electronic devices to access the materials relevant to the public hearing
before us. It is a violation of this Council’s policy for these devices to be used for texting, e-mailing,
internet research, or other communications during quasi-judicial public hearings.”
L. Voting.
1. Calling the Vote. After conclusion of discussion upon a matter, or after a matter has been “called”,
the presiding officer shall call for a vote. Votes shall be indicated verbally or through operation of
the voting lights. Votes shall be “Aye” or “Nay”. The City Clerk, or designee, shall read into the
permanent record the "Aye” and "Nay” votes, and shall indicate whether a measure has passed or
failed.
2. Abstention. Abstentions shall be in conformance with Bob’s Rules of Order, as may be modified
by ordinance from time to time.
IV. RULES OF DECORUM
A. General. While the City Council is in session, the members must preserve order and decorum. A
member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace
of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City
Council or its presiding officer.
1. Seating Arrangement. City Council members shall occupy their respective assigned seats in the
City Council Chamber, or any forum at which the City Council shall convene as a body.
Assignments will be made by the presiding officer. Any two or more members may exchange
seats by joining in a written notice to the presiding officer to that effect. Such notice should be
received by the presiding officer a minimum of twenty-four hours prior to the scheduled meeting.
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The seat exchange shall remain in effect until the presiding officer receives appropriate written
notice of a further seat exchange. In recognition of the need to make internet viewing of City
meetings more standardized for the public, the presiding officer may request consensus approval
of a request for seat exchange if more than one seat exchange is requested by any one member
during a calendar year.
2. Personal Privilege. The right of a member to address the City Council on a question of personal
privilege shall be limited to cases in which their integrity, character, or motives are assailed,
questioned, or impugned.
3. Excusal During Meeting. No member may leave the City Council Chamber while in regular session
without permission from the presiding officer. If the presiding officer leaves the City Council
Chamber during a regular session the Mayor Pro Tem shall assume the role of presiding officer
until the Mayor’s return.
4. Obtaining the Floor/Recognition by Chairperson. Every member desiring to speak shall address
the chairperson and, upon recognition by the presiding officer, shall confine themselves to the
question under debate. The member shall hold the floor without interruption until the member
cedes the floor back to the presiding officer. The member shall cede the floor to the presiding
officer immediately upon direction of the presiding officer in conformance with Bob’s Rules of
Order. A member who fails to abide by the directive of the presiding officer shall be deemed to
have ceded the floor, and the presiding officer may recognize another speaker.
5. Interruptions. A member once recognized shall not be interrupted when speaking except in
conformance with Bob’s Rules of Order. If a member, while speaking, is called to order for a
violation of these rules, they shall cease speaking until the question of order is determined. The
member may resume speaking upon the direction of the presiding officer. Other than to make a
privileged motion, no member of the City Council shall interrupt another member of the City
Council while such member holds the floor. If a member of the City Council is interrupted
inappropriately while such member holds the floor, the member shall request that the presiding
officer enforce the rules of decorum.
6. Dissents and Protests. Any member shall have the right to express dissent from, or protest against,
any ordinance or resolution of the City Council and may have the reason therefore entered in the
minutes. Such dissent or protest must be in respectful language and presented to the City Council
not later than the next regular meeting following the date of passage of the ordinance or resolution
in question.
B. Study Session Policy.
1. Provide Material in Advance. Material on new information must be received before study session
to allow discussion in an educated fashion. No information presented without backup material can
be presented. No decision will be made until all members have had an opportunity to review the
information.
2. Council and Citizen Requests. Requests for information from City Council members or written
response to a citizen’s concern must go through the City Manager's Office. Requests for
information made by a City Council member to staff should result in information provided to all of
members of the City Council.
3. Council Communications. During Council communications, City Council members may request a
status update as to a matter previously acted upon by the City Council. City Council members also
may request a matter be placed back upon a future agenda as a result of new information becoming
available. To place such a matter on a future agenda, the City Council must assent by consensus to
proceed.
4. Direction by Consensus. During a study session, consent by consensus may be used by the City
Council to clarify direction to the City Manager or City Attorney, or to establish procedural matters,
such as placing matters upon future agendas. Additionally, efforts to arrive at a consensus position
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for the purpose of developing subsequent legislative action shall be permitted. Agreeing by
consensus to place a matter upon a future agenda, or guide the actions of City staff in crafting future
legislation, does not bind any member of the body to vote in favor of such measure when it is
brought before the body for formal action. A consensus agreement is merely a procedural step for
allowing the body to formally consider a matter.
5. Garrett Rule- A matter is not to be considered at a study session and at the formal City Council
meeting on the same evening. This is to allow the City Council time to consider all information
presented at the study session and to contemplate that information.
6. Woodward Rule- To allow full consideration of matters coming from boards and commissions,
matters will not be presented at a study session until the minutes have been approved and
submitted to the City Council.
C. Public Meeting Policy.
1. Agenda Materials.
a. Burns Rule – Information shall not be handed out at the meeting but rather shall be
distributed through the City Council Packet.
b. Presentation of last-minute information should be avoided whenever possible. New
information related to an emergency situation should be made available to the City Council
but may be disregarded by the City Council upon a majority vote.
c. The City Manager or the City Clerk shall provide all information associated with any issue
upon the agenda to the City Council in an equal and timely fashion.
2. Consent Agenda Protocols. Members should notify the City Council through the City Manager (or
their designee) prior to a public session when they plan to remove an item from the consent agenda.
Members should contact the City Manager (or their designee) prior to the meeting whenever
possible regarding questions upon matters placed on a consent agenda on first reading. The City
Manager will forward all notices of intent to pull a matter from the consent agenda, and responses
to requests for information concerning consent agenda items, to all City Council members by 3:00
p.m. on the day of a meeting.
3. Debate Decorum. Debate occurs between and among City Council members, but should be limited
to making a point or stating a position. Redundancy, grandstanding, and personal attacks will be
addressed by the chairperson as being out of order or inappropriate. The City Council may appoint
a “Sergeant at Arms” to provide a friendly reminder of exceeding a reasonable time limit.
4. Be Gracious and Respectful at all Times. It is the responsibility of each City Council member to
display common courtesies at all times. Respect differences of opinions and perspectives. For
example: avoid interruptions, avoid personalizing the issue, avoid grandstanding, avoid
argumentative behavior including repetitive restatements of a position, and avoid filibustering.
5. Remain Silent. Do not speak without being recognized by the chairperson.
6. Interpersonal Behavior. Focus on the issue, not on the member presenting the issue. Treat each
other and each person coming before the City Council with respect.
7. Be attentive. Listen and understand before judging and making a commitment. Give a speaker your
entire attention. Shuffling papers, looking at phones, finding reasons to never make eye contact
with the speaker telegraphs to the speaker and all members of the audience that you have already
decided the matter and are disinterested in new information.
8. Take time to negotiate. As a seven-member board, things work best through consensus or
compromise. Work together as a team on issues as they relate to what’s best for the City as a whole.
9. Personality Conflicts. Personal problems or concerns with individual City Council members
should be discussed directly with that individual outside of an open meeting, and not aired in a
public forum.
10. Use of Electronic Devices during Public Meetings. City Council members use electronic devices
to access the materials relevant to the public meeting. It is a violation of the City Council’s policy
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for these devices to be used for texting, e-mailing, or other communications during public meetings.
Communications received during open meetings may be subject to the Colorado Open Records
Act.
[Resolution No. 44, Series of 1991
V. CITY COUNCIL DISCRETIONARY FUNDS POLICY
A. Allocation. Discretionary funds in the sum of $600.00 shall be allocated for each City Council Member
per annum. Those funds not used in any calendar year shall revert to the general fund.
B. Limitation on Out of State Travel. It is the intention of the City Council that discretionary funds be
used in the metropolitan area surrounding the City of Englewood. Discretionary funds shall not be used
for out-of-state expenses unless approved by the City Council. An application for use of discretionary
funds for an out-of-state trip may be applied for after the fact, but if the City Council disapproves of
the expenditure the City Council Member must return discretionary funds used during the trip.
C. Publications. Discretionary funds may be used for the purchase of books, publications, newspapers,
or materials directly related to the responsibilities of the City Council. Materials purchased with
discretionary funds are not personal property, and shall be made available to other City Council
members on request. Materials (tapes, publications, etc.) obtained at a conference or purchased with
discretionary funds shall be made available to all City Council members and City staff on request.
D. Membership Dues. Individual memberships to an organization (service clubs, etc.) may be paid from
discretionary funds, provided the City Council member states the City-related purpose for the
membership.
E. Meals. Discretionary funds may be used for meals that are directly related to the responsibilities of the
City Council. Expenditures for alcoholic beverages shall only be as part of a meal as opposed to separate
expenditure. Where it is necessary as a part of the establishment’s policy to have separate tickets for
food and beverage purchases, compliance shall be satisfied so long as noted on the receipts by the City
Council Member.
F. Computer Supplies/Technology. Discretionary funds may be used to purchase a tablet computer,
laptop computer, printer ink, or other technical equipment to be used for City business. The computer
equipment provided to each City Council Member for use at City Council meetings, and regular
member business, shall be a standard expense of the City and not associated with City discretionary
funds. Upon leaving the City Council, members shall have the right to purchase the personal computer
equipment they utilized as City Council Member. Other technology expenses, including cellular
telephone reimbursement, are permitted. All cellular telephone numbers paid for with City funds shall
be made available to the public.
G. City Issued Credit Cards and Receipts. All expenditures made by City Council members should be
by P-card. Receipts for expenditures shall be submitted to the City Manager’s Office within one week
of incurring such expenditure. The City Manager’s Office will upload the receipts into the Purchasing
Card system. Expenditures without a correlating receipt will not be paid.
H. Reimbursements. Occasionally an expenditure may not be made through P-card. For example, cash
purchase of parking at a parking meter, or purchase at places that do not accept the card. Requests for
reimbursement require a receipt submitted within one week of the expenditure, and completion of an
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expenditure form. Such expenditure form shall be uploaded into the City’s online finance reporting
system.
I. Fair Campaign Practices Act. Discretionary funds shall not be used in a manner that would violate
the Fair Campaign Practices Act or any other law.
J. Charitable Contributions. Discretionary Funds shall not be used for individual charitable
contributions as such contributions are made by the City Council as a body.
K. Constituency Communications. A member may, at such member’s cost, use whatever means are
available to the public to communicate with constituents, including but not limited to: mail, e-mail,
faxes, newspaper inserts, posters, flyers, banners, signs, telephone conference calls, videoconferencing,
automated telephone calls, audio and video messaging, advertisements, public service announcements
and handouts, and “coffee” with a constituent(s). Generally, the costs of constituency communications
are paid for by the member.
L. Blackout Period. No discretionary funds shall be used in association with constituency
communications in the ninety (90) days prior to any election date upon which individuals are running
for a seat upon the City Council.
M. Postage Costs for Mass Mailings. City Council members may use their discretionary funds to pay the
postage associated with a mass mailing. A mass mailing is an unsolicited mailing initiated by a member
to their constituency totaling 25 or more pieces of substantially identical content, whether such mail
pieces are deposited to USPS as single pieces or in bulk, or at the same time (single drop) or different
times (cumulative) over the course of a single budget year. The term "mass mailing" and "mass
communication" do not apply to mailings/communications in direct response to mail/communications
from persons to whom the matter is transmitted, i.e., a solicited response.
1. Submission to City Manager. A copy of the document to be mass mailed must be submitted to the
City Manager (or their designee) for inclusion in the City Council packet for informational purposes
at least two weeks prior to the date of intended mailing. At such City Council meeting prior to the
mailing, the City Council may by majority vote direct the City Manager to deny use of discretionary
funds to pay the costs of the proposed mailing if such mailing is in violation of any law. Any City
Council Member commenting on such mailing at a public meeting will do so in strict compliance
with the Rules of Decorum provided in Section IV of this policy manual.
2. Mail Statement. Any mail distributed using discretionary funds will contain be clearly marked
"Mass Mail Statement", and shall include the following statement: "This mailing was prepared,
published, and mailed at taxpayer expense." The statement must appear on page one of a document
or on the address side of the envelope or mailing panel/label; must be prominently displayed; and
not be printed in smaller than a 7-point typeface.
N. Holiday Greetings. Discretionary funds shall not be used to send any card expressing holiday
greetings from a member, although, in an otherwise official mailing, a member may make
an incidental holiday greeting. For example, in the salutation or signature in an official mailing, the
member could say “happy holidays” or some other appropriate brief greeting. Holiday colors and
illustrations and are not considered incidental. No birthday, anniversary, wedding, birth, retirement, or
condolence messages may be sent by an individual member using discretionary funds.
O. Pre-stamped Envelopes. Members are not permitted to send a stamped envelope paid for by
discretionary funds to a constituent, including as part of a request to return anything from a constituent
to such member.
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VI. TRAVEL POLICY
A. Approval. Each City Council Member shall formally request approval of all City-related travel thirty
(30) days prior to attendance. If a City Council Member fails to request approval by this deadline, the
member may request late approval by the City Council; any travel not approved will be at the personal
expense of the member.
B. Documentation. The formal request shall include a summary explaining the nature of their
participation, how it will benefit or affect the City, and anticipated costs. The member shall provide
documentation and receipts to the City Manager reconciling expenditures within thirty (30) days after
their return from an event.
C. Fiscal Responsibility. Members shall make a diligent effort to be fiscally prudent in their expenditures
by purchasing lowest available air fare, securing economy hotel accommodations, and implementing
other cost saving measures whenever possible.
D. Reconciliation of Prior Travel. City Council Members will not be allowed to travel for the City until
their previous travel expenses have been reconciled.
E. Monitoring Policy. The City Council shall continually monitor travel expenditures throughout the
year.
F. Out of State Travel. A City Council Member may attend only one (1) out-of-state conference per year
at the City’s expense, unless approved by a super-majority vote of five (5) City Council members.
G. Repayment of Expenses to City. Any City Council Member who cannot travel after expenses have
already been paid may be asked to repay all or a portion of these expenses. Repayment may be withheld
from such member’s salary, if directed by a super-majority vote of the City Council.
Resolution No. 48, Series of 2014 was amended to reflect changes in Council Travel Policy publications.
VII. COMMUNICATIONS POLICY
A. Private E-mail Service. Members of the City Council are strongly discouraged from using
private e-mail services to conduct City business. Private e-mail services utilized to conduct the
business of the City shall be subject to Colorado Open Records Act. The City will not make
public on its website(s) the private e-mail address of any member of the City Council.
B. Official Custodian. The City Clerk’s Office is the official custodian of records held by the City
and may request copies of e-mails sent or received through private e-mail accounts in association
with the business of the City. In accordance with C.R.S. 24-72-202(2), "official custodian"
means and includes any officer or employee of . . . any local government-financed entity, who
is responsible for the maintenance, care, and keeping of public records, regardless of whether
the records are in their actual personal custody and control.
C. CORA Statement. All City Council members shall include a statement at the bottom of all
outgoing e-mail messages in the following form, unless otherwise required by CORA or
applicable law:
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Under the Colorado Open Records Act (CORA) all e-mails to and from
City Council are subject to public disclosure, with limited exceptions. To
promote transparency, e-mails are available for review upon request. E-
mails which contain “private” in the subject line of the e-mail will not be
automatically available to the public, however, the City of Englewood
can't guarantee that e-mail to or from Council marked “private” will
remain private under CORA.
D. E-mail Communications.
1. E-mail deliberation between three or more elected officials concerning public business
and/or pending legislation are declared to be a public meeting under the Colorado Open
Meetings Law and are prohibited.
a. Chain communications are prohibited, i.e. deliberative communication between an
elected official and another member of the body, upon the same matter as was
previously communicated upon in a deliberative manner with a different member of
the City Council.
b. City Council members shall not “reply all” to any communication received by such
City Council member that was also sent to two or more other members of the City
Council.
c. City Council members shall not copy and paste a communication received from
another City Council member regarding a matter of City business and distribute such
communication to another member(s) of the City Council.
2. The following e-mail communications from or to an elected official or officials are
permitted:
a. Communication or deliberation from or to the City Manager, the City Attorney, or
community members.
b. Deliberation between fewer than three elected officials in which other elected
officials are not copied and which are not forwarded to other elected officials.
c. Communication between elected officials that does not include deliberation related
to pending legislation or other public business.
d. “Deliberation” means the discussion and/or exchange of viewpoints and opinions
on a subject. It specifically does not include the distribution, but not discussion, of
information.
E. Retention Policies Applicable to E-mail Communications.
1. E-mail communications of elected officials may be considered public records under the
Colorado Open Records Act. The City’s Records Retention Schedule applies to e-mail
communications in the same manner as other records.
2. Certain types of correspondence are expressly not a public record, including that which is a
“work product,” as well as correspondence that is “without a demonstrable connection to the
exercise of functions required or authorized by law or administrative rule and does not
involve the receipt or expenditure of public funds”. Examples include drafts and worksheets,
desk notes, copies of materials circulated for informational “read-only” purposes, and other
records with preliminary or short-term informational value. These e-mails should be deleted
as soon as they are read and are no longer useful.
3. Correspondence of elected officials designated as a public record fall into one of two
categories:
a. Enduring Long-Term Value: Documentation or correspondence with enduring and
long-term administrative, policy, legal, fiscal, historical or research value; records
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that relate to policy issues and actions or activities in which an important precedent
is set; records of historic events relating to the municipality or the community; and
other similar records and documentation. The retention period for these records is
permanent.
b. Routine Value: Operating documentation that is routine and contains no significant
administrative, legal, fiscal, historical, information or statistical value. Includes
routine communications sent and received, communications containing duplicates
of information that is filed elsewhere, routine requests for information, transmittal
documents, etc. The retention period for these records is two years.
F. E-mail Management Policy. In order to ensure that the e-mails of elected officials are properly
managed, the following e-mail management policy should be followed:
1. All e-mails sent to or from an elected officials’ e-mail account will be automatically
archived.
2. Archived e-mails will be managed according to the City’s retention policy by the City Clerk
3. Original e-mails in the elected officials’ e-mail accounts may be saved or deleted as the
elected official finds most useful.
VIII. COUNCIL VACANCIES
A. Resignation of a City Council Seat. An individual may choose to resign a seat on the Englewood City
Council. As the Englewood City Charter does not establish procedures for resignation of a City Council
seat, resignations shall be addressed by the remaining members of the City Council and staff in
accordance with this policy.
B. Vacancies. Certain situations mandate vacating a City Council seat. City Charter § 23 prohibits
members of the City Council from dual office holding. City Charter § 28 provides that an elective
office shall become vacant whenever any officer becomes incapacitated, or if a City Council Member
shall remove from or become a non-resident of the district from which elected during the term of their
office.
C. Vacancy created by Mayor. If the City Council Member serving as Mayor resigns from the City
Council or creates a vacancy by reason of becoming a non-resident of the district from which elected,
a vacancy in the City Council position is created and a separate vacancy is created in the Office of
Mayor. The remaining City Council members shall elect a new Mayor at any time from the point that
the vacancy occurs in conformance with the Englewood City Charter. The City Council may wait until
the new City Council Member is installed before electing a new Mayor. If that should occur, then the
Mayor Pro Tem will fulfill the functions of the Mayor until a new Mayor is elected.
D. Date of mandatory vacation of office. A seat must be vacated at the same time as the cause for the
vacancy occurs. For example, if a City Council Member is elected to another office, merely qualifying
to take the second office does not constitute a vacation of the first office. Vacancy in the first office
occurs only upon actual assumption of the duties of second office or resignation from the first office.
E. Procedure for Selecting a Successor.
1. In case of a vacancy, the remaining City Council members shall choose, by majority vote and within
thirty days after such vacancy occurs, a duly qualified person to fill such vacancy.
2. At the direction of a majority of the City Council, the City Manager shall advertise the vacancy and
make available an application for City Council Member appointment. Such application shall be
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made available on-line, or may be requested at the Office of the City Clerk. Copies may be mailed
to interested applicants if such applicant provides a stamped and self-addressed envelope to the
City Clerk.
3. The City Council shall call a special meeting to interview all candidates no less than one week
before the regular City Council meeting where the appointment is scheduled to occur. The
interviews shall be open to the public but the public shall not participate in the interview process.
The interviews shall be recorded, archived, and retained in the same manner as other City Council
special meetings. There shall be no ver batim minutes taken of the interviews.
4. If the City Council does not fill the vacancy by appointment within thirty (30) days after the
vacancy occurs as required by the City Charter, it shall order an election, subject to the municipal
election code, as soon as practicable to fill the vacancy until the term of office of a successor elected
at the next regular election has commenced. See C.R.S. 31-4-108.
F. Term of Successor. The successor shall serve until their successor is elected for the remainder of the
term at the next ensuing general municipal election and such individual has been duly qualified.
G. Multiple vacancies. If three or more vacancies exist in the City Council simultaneously, such
vacancies shall be filled for the respective unexpired terms at a special election.
IX. ELECTRONIC PARTICIPATION
A. Purpose. The purpose of this City Council Policy is to specify the circumstances under which a
member of the City Council, City staff, and the public may participate in regular and special meetings,
quasi-judicial proceedings, and executive sessions by telephone, online conferencing methods, video
conferencing, or other electronic means (“electronic participation”). With advancements in
communication and videoconference equipment and capabilities, electronic meeting participation has
become wide-spread within many local governments. However, electronic participation has inherent
limitations because electronic participation is subject to internet bandwidth limitations, technological
difficulties, and may preclude a City Council Member from viewing documentary information
presented during meetings, from fully evaluating a speaker's non-verbal language in assessing veracity
or credibility, and from observing nonverbal explanations (e.g., pointing at graphs and charts) during a
speaker's presentation or testimony. In addition, electronic participation during executive sessions
prevents the City from ensuring compliance with state law regarding confidentiality of matters
discussed. The City Council finds that these limitations inherent in electronic participation may produce
inefficiencies in meetings, increase the expense of meetings, and may undermine the decision-making
process.
B. Statement of Policy. Members of the City Council, City staff, and the public may electronically
participate in meetings of the City Council only in accordance with this Policy. Electronic participation
shall be made available and shall be limited as follows:
1. Electronic participation is intended to be an infrequent or occasional substitution for physical
attendance by members of the City Council, the City Manager, the City Attorney, and the City
Clerk Electronic participation encourages participation in City government by citizens, and
therefore members of the public and City staff members (except those specifically described above,
whose in-person attendance is preferred) may electronically participate in all City Council
meetings open to the public.
2. The preferred method of electronic participation is through videoconference with the camera on
but microphone muted, except when the participant is actually speaking. This allows the
participant to hear, speak, and see presentations during the meeting.
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3. Electronic participation must permit clear, uninterrupted, and two-way communication. The City
Council may discontinue the use of electronic participation by one or more participants during a
meeting where the participation results in delays or interference in the meeting process; e.g., where
the connection is repeatedly lost, the quality of the connection is unduly noisy, or the participant is
unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting
audience in attendance.
C. Procedures. To arrange to participate electronically, a participant shall:
1. Complete the City on-line form for electronic participation or contact the City Clerk to arrange for
electronic participation and receive electronic participation directions, which may include call-in
instructions, a link to participate by videoconference, or otherwise. All City Council members shall
endeavor to advise the City Clerk of their intent to participate electronically, along with the reason
for the in-person absence, at the earliest possible time and not less than three (3) business days
prior to the requested participation.
2. Log in and/or call in at the designated time, pursuant to directions received from the City Clerk.
D. Quorum. Electronic participation shall constitute actual attendance for purposes of establishing a
quorum or for any other purpose, even during quasi-judicial proceedings. Despite the foregoing, at
least four members of the City Council must be physically present and in-person at every City Council
meeting, unless the Mayor (or Mayor Pro Tem in the Mayor’s absence) calls an electronic participation
meeting at which a majority of a quorum of City Council present declares an in-person meeting by at
least four Council Members is not feasible due to emergency (such as a public health crisis, weather,
natural disaster, or other similar circumstance) (hereafter an “approved fully-electronic meeting”).
E. Chairperson. The chairperson of all City Council meetings shall be a person physically present at the
meeting, except at a meeting called to consider whether to approve a fully-electronic meeting and at an
approved fully-electronic meeting.
F. Executive Session. No one may electronically participate in executive session, except at an approved
fully-electronic meeting. Any City Council member that was unable to attend an executive session
may review the audio recording at the City Clerk’s Office, within 90 days of the executive session. If
executive session is held during an approved fully-electronic meeting, to ensure the confidentiality of
matters presented, each City Council Member electronically participating shall verbally confirm that
no third party is in the member’s presence, such that they could see and/or hear the contents of the
executive session.
X. PERSONNEL
A. Annual Evaluation of City Officers. The City Council shall evaluate the performance of the
City Manager and City Attorney annually, or as otherwise required by contract. The annual
performance evaluation shall provide the City officer with information to allow such officer to act
in conformance with the goals and expectations of the City Council.
1. Annual Wage Adjustment. The City Manager and City Attorney shall receive an annual wage
adjustment as set by formal action of the City Council.
2. Timeline/Procedure. The job performance of the City Manager and City Attorney, officers of
the City, are typically evaluated annually in accordance with the terms of their employment
contracts. The City Council will participate in a review of each officer and will be afforded the
opportunity to provide comments and feedback on performance and process. The Human
Resources Director may assist the City Council as requested. If the information is compiled
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City of Englewood/Council Policy and Procedures Page 21 | 22
in written format, the applicable officer will be given a copy of the written review and will
meet in executive session with the City Council to go over the review, discuss any points of
concern and develop performance measures/job directives for the subsequent year.
3. Meeting with City Officers. At least one time per year, the City Council will meet with the
City Attorney in executive session for attorney client privilege. The City Attorney shall
present an annual report of activities and legal services rendered by the City Attorney’s office
and any outside legal counsel.
B. Municipal Court Judge/ Municipal Court Budgetary Review. The Municipal Court Judge of
the City of Englewood, as an elected official, shall meet annually with the City Council to discuss
budgetary matters for the municipal court. The Municipal Court Judge, in coordination with the
City Manager and the Human Resources Department, shall conduct an annual salary survey of
similar highest-ranking judge of courts of comparable operations located within the Denver
metropolitan area. The Municipal Court Judge shall provide the list of comparables to the City
Manager and Human Resources for completion of the survey. The City Council shall annually
determine the appropriate compensation for the Municipal Court Judge by resolution after
consideration of the annual survey but prior to the end of the calendar year. The Municipal Court
Judge shall be invited to participate in any such discussions which shall take place in open session.
XI. AGENDA SETTING
A. Mayor/Manager Meeting. The Mayor and Mayor Pro Tem shall meet with the City Manager
weekly, or as often as shall be necessary, to set the agenda for regular meetings, special meetings,
and study sessions.
B. City Manager: Authority to Set Agenda Items. The City Manager through the course of
managing city business and under direction of the City Council puts forth agenda items that ensure
the efficient and uninterrupted services that residents expect and depend upon.
C. City Council Members: Authority to Set Agenda Items. City Council members may submit
requests for agenda items during their Council Communication at the end of any regular meeting
or study session of the body. If a consensus of members agree that such matter should be placed
upon an upcoming agenda, the matter will be scheduled for an appropriate City Council meeting
within thirty days of the date of the request. If the body does not reach consensus to place such
matter on an upcoming agenda, the requesting member may either choose not to pursue such
request or may submit a written request to the City Clerk. The written request shall provide at a
minimum a description of the request, the goal or objective that the request aims to fulfill, and a
self-assessment as to the urgency of the matter. The City Clerk shall provide such request to the
City Manager who will provide such request to the Mayor and Mayor Pro Tem to schedule such
matter accordingly.
D. Proclamations.
1. Requesting a Proclamation. Proclamations may be requested by: City Council members;
individual community members; community organizations; City staff; and/or
regional/national organizations.
2. Process to Request a Proclamation. Eligible parties may submit a proclamation request
through an electronic proclamation request form. For those without access to a computer/the
internet, requests may be submitted in writing to the City Clerk’s Office. Requests must
include: contact name; address; city, state, and zip code; phone number; e-mail address;
proclamation title; name of individual who will present the proclamation; date to be printed
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City of Englewood/Council Policy and Procedures Page 22 | 22
on the proclamation; and proclamation text, including whereas statements and therefore
statements.
3. Proclamation Timeframe. Proclamation requests should be submitted three weeks before
the start of the day/week/month being recognized. Every attempt will be made to ensure
that proclamations are issued just before or at the very beginning of the time period being
recognized.
4. Reasons for a Proclamation. Proclamations should be utilized to meaningfully celebrate
persons, groups, and events with specific intended actions. They may be requested for the
following reasons: recognition of a local event; to honor persons or groups who impact the
City of Englewood; regionally, state-wide, or nationally recognized events or activities with
local interest; to bring public attention to an issue or opportunity important for the
community overall; and/or to declare a policy stance as a City.
5. Proclamation Review Process. The review process will include:
a. At the beginning of each year (in January), the City Council will hold a study session
to review proclamation ideas for the current year and will, based on past
proclamations, create a list of 5 to 10 proclamations to prioritize for the coming year;
b. Proclamation requests pursuant to this policy may be made throughout the year;
c. Requests will be received and reviewed by the City Clerk’s Office to ensure (through
a checklist) that all requirements of this policy are met;
d. If policy requirements are met, the draft proclamation will be sent to the City
Council for feedback and concerns to be expressed during Council Members’
Choice the week before inclusion on the City Council Agenda; and
e. If there is no consensus when discussed during Council Members’ Choice, the
proposed proclamation will not move forward. If there is a consensus, the
proclamation will be placed on the next agenda of the City Council regular meeting.
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2021 City Council Policies
Tamara Niles
City Attorney
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•On September 7, 2021, City Council passed Motion adopting updated City of Englewood Council Policies
•This is a 22-page formal guide for City Council, its meetings, and its procedures
•Addresses officers/employees, meetings, agendas, decorum, travel, vacancies and other areas
•City Attorney’s Office monitors the policy manual to ensure compliance and propose revisions as necessary—revisions suggested in this presentation
•This is intended to be a general overview only
Background
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Major substantive revisions:
Incorporated Council Proclamation Policy into Policy handbook
Provided provisions for remote/video attendance to reflect provisions in Covid-related emergency orders*
Authorizes Mayor to schedule fully-electronic meeting to determine if in-person meeting not feasible*
Prohibits remote attendance at executive session*
*discussed in detail below
2021 Council Policies Amendments
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•Chosen by majority vote of City Council
•Term is 2 years
•Elected at the 2nd meeting in November after the general
election
•Mayor is the Chair of meetings
•Mayor Pro Tem is Chair in Mayor’s absence
•In absence of both, Council elects a temporary
chairperson
Mayor/Mayor Pro Tem
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•City Manager, City Attorney, and City Clerk (or their designee such as a deputy or assistant) must attend every meeting of City Council
•Other employees, such as department heads, only required to attend upon request of City Manager
Staff at Meetings
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•Must meet twice per month per Charter
•Policy manual establishes regular meetings the first and third Monday of the month (or Tuesday if Monday is on a holiday), or otherwise as designated by Council
•Time of meetings designated by Council
•Special meetings may be called/announced by Mayor, or upon request of 3 Council Members
•Agenda packets available by 5 p.m. the Thursday prior to the meeting
•5 members are a quorum, required to hold meeting/transact business
•But 3 members constitute a meeting under COMA!
Meetings
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•Follow Bob’s Rules of Order
•Council Policies require inclusion of Invocation on Agenda
•CONSIDER AMENDMENT?
•Consent Agenda: routine, noncontroversial topics that may be adopted by a single motion, including second readings if unanimous on first
•Any Council Member may remove a Consent Agenda with prior notice to City Manager
Meeting Procedure
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•Must have only 1 general subject
•Motions should always be in affirmative (I move to approve; NOT disapprove)
•Ordinances
•First reading required, and the item is a “Council Bill”
•After introduction, may move to amend provisions in the ordinance (requires 4 votes to approve)
•Second reading at least 7 days after the first reading, must be identical to first reading, and it is a “Bill for an Ordinance”
•Requires at least 4 votes to pass
•Effective 30 days after publication of final passage
•EXCEPT Emergency Ordinances (2 readings but can be on consecutive days, effective immediately)
•Resolutions and Motion Approvals
•Require majority of a quorum present for passage
Legislation
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•Only allowed during public comment time or public hearings
•Should not be addressed to a single Council Member
•No threats of violence or harm
•Scheduled comment: sign up by 5 p.m. Wednesday prior to meeting
•Given up to five minutes to speak
•Unscheduled comment: up to 3 minutes to speak
•Not guaranteed if time limited for unscheduled public comment
•Written communication to include in agenda submitted by 5 p.m. Wednesday prior to meeting
•If public comment on topic not on the agenda, Council members should not respond. Instead: (a) initiate a Council Request, (b) move for a study session item, or (c) move to put this on a future regular agenda.
Public Comment
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•Speakers must sign up in advance
•Given 3 minutes to speak; can be modified by majority of City Council
•Petitioner (if any) is given time for rebuttal
•Hearings governed by EMC Title 1, Chapter 10
•Quasi-judicial hearings specifically must follow EMC 1-10-2-7
•After opening a quasi-judicial public hearing, the presiding officer shall state into the record, “Council members use electronic devices to access the materials relevant to the public hearing before us.It is a violation of this Council’s policy for these devices to be used for texting, e-mailing, internet research, or other communications during quasi-judicial public hearings.”
Public Hearings
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•A member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City Council or its presiding officer.
•Members can’t leave meeting without permission from chair
•Chair must recognize member before speaking
•No interrupting others
•If so, may be called to order by any member and shall immediately cease speaking
•Any member may enter into the record “respectful” dissent or protest to legislation no later than the next regular meeting
•Redundancy, grandstanding, and personal attacks inappropriate. Should focus on the issue, not any one person..
•Be gracious and respectful at all times
Council Rules of Decorum
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•Be attentive. Listen and understand before judging and making a commitment. Give a speaker your entire attention. Shuffling papers, looking at phones, finding reasons to never make eye contact with the speaker telegraphs to the speaker and all members of the audience that you have already decided the matter and are disinterested in new information.
•Take time to negotiate. As a seven-member board, things work best through consensus or compromise. Work together as a team on issues as they relate to what’s best for the City as a whole.
•Use of Electronic Devices during Public Meetings. City Council members use electronic devices to access the materials relevant to the public meeting.It is a violation of the City Council’s policy for these devices to be used for texting, e-mailing, or other communications during public meetings. Communications received during open meetings may be subject to the Colorado Open Records Act. REVISE TO REFERENCE ATTORNEY COMMUNICATIONS?
Council Rules of Decorum (cont’d)Page 121 of 133
•Materials provided to Council in advance
•Same information provided to all members
•May request status update on matters previously acted upon
•Council directs City Manager, City Attorney by consensus
•Placement on future agenda
•Direction to craft future legislation
•Consensus does not bind any future formal vote
Study Sessions
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•$600 per year, per Council Member
•In-metro travel preferred, but Council can approve out-of-state travel in addition to the single City-funded out-of-state conference per year
•If Council responsibilities or City business: Books/published materials, Meals, Computers, equipment (outside of that used for Council meetings), including cell phone
•Membership dues (service clubs, etc.)
•Meals related to Council responsibilities
•Constituent communications: some internal inconsistencies
•Generally paid personally
•But can’t use discretionary within 90 days of election
•Mass mailings specifically authorized, provided to Council prior to mailing, other requirements
•REVISE TO ENCOURAGE CITIZEN OUTREACH/INVOLVEMENT?
Council Discretionary Funds
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•No holiday greetings (unless incidental)
•No pre-stamped envelopes
•No constituent communications within 90 days of your own election
Discretionary Funds Prohibitions
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•Discouraged from using any private email service for City business
•Include CORA statement at bottom of email signature line
•Email communication between 3 or more members can inadvertently create a public meeting
•Email communication between 2 Council Members is OK
•Don’t email deliberate with 3 or more Council Members (don’t reply all)
•This is why City Attorney sends every email to all members individually: can’t reply all
•Don’t forward emails from a Council Member to others
•Can email with City Manager, City Attorney, or community members
Communications/CORA
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•When resign, incapacitated, move outside district, or elected to another office
•Within 30 days, remaining members select successor by majority vote
•Solicit applicants, interview at least one week before appointment
•Appointee serves until next regular election
•If 3 or more vacancies, or if not appointed within 30 days, a special election is required (at a cost of approximately $35,000)
Vacancies
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•Intended to be infrequent for required participants (Members, City Manager, City Attorney, and City Clerk)
•All others may electronically participant because it encourages participations
•Preferred method is videoconference
•Electronic participation counts as actual attendance for quorum but
•At least 4 members must be physically present
•UNLESS the Mayor calls a fully-electronic meeting and four or more council members declare an in-person meeting is not feasible (for public health, weather, etc.)
•Meeting chair must be physically present, unless in-person meeting declared not feasible
•No electronic participation at an executive session, unless in-person meeting declared not feasible. CONSIDER REVISION? Members not present may review audio recording within 90 days.
Electronic Participation
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•Council shall annually review City Manager and City Attorney performance
•HR Director may assist
•If in writing, will review with the officer in executive session
•Will meet in executive session at least once per year with City Attorney to review annual report of legal activities
•Meet annually with Municipal Judge to discuss Municipal Court budget
•Annually consider salary survey and set judge’s salary by resolution
Annual Reviews
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•Mayor and Mayor Pro Tem meet with City Manager weekly to set agendas
•In practice, City Clerk and City Attorney also attend
•City Manager puts forth agenda items
•City Council members submit potential agenda items during Council Member’s Choice item on agenda
•If Council consensus, placed on an agenda within 30 days REVISE? THIS TIMELINE IS NOT ALWAYS POSSIBLE.
•If no consensus, may submit written request to City Clerk
Agenda Setting
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•Anyone requesting a proclamation completes request form at least three weeks prior to date requested
•Reasons for a Proclamation. Proclamations should be utilized to meaningfully celebrate persons, groups, and events with specific intended actions. They may be requested for the following reasons: recognition of a local event; to honor persons or groups who impact the City of Englewood; regionally, state-wide, or nationally recognized events or activities with local interest; to bring public attention to an issue or opportunity important for the community overall; and/or to declare a policy stance as a City.
•Council considers proclamation ideas in January of each year
•Draft proclamation placed under Council Members’ Choice the week prior to scheduled consideration
•Must have consensus to place on the scheduled agenda
Proclamations
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QUESTIONS?Page 131 of 133
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Christa Graeve
DEPARTMENT: City Manager's Office
DATE: January 24, 2022
SUBJECT: Travel for Council Member Woodward
DESCRIPTION:
Council Member Jim Woodward would like to attend the NLC Congressional City Conference,
March 13-16. According to the City Council Travel Policy, "Each City Council Member shall
formally request approval of all City-related travel thirty days prior to attendance.
RECOMMENDATION:
Staff recommends City Council approve, by Motion, the travel of one Council Member to
Washington D.C. for the Annual NLC Congressional City Conference, March 13-16.
PREVIOUS COUNCIL ACTION:
According to the Travel Policy for the City of Englewood, "Each Council Member shall justify
participation for all travel events thirty (30) days prior to attendance." On September 19, 2019,
the City Council approved by motion the City Council Policy Manual. Policy VI of that policy
manual sets forth the Travel Policy for the members of the City Council.
Resolution No. 48 Series of 2014 was amended to reflect changes in Council Travel Policy
Publications.
Resolution No. 10, Series of 1992 was amended to reflect the changes in Council Travel Policy
made by Resolution No. 47, Series of 2000.
Resolution No. 49, Series of 1990 was repealed and amended to reflect the changes in Council
Travel Policy made by Resolution No. 47, Series of 2000.
In 2017, Council approved the travel of four Council Members to attend the NLC Conference. In
2018, 2019 and 2020, Council approved the travel of one Council Member to attend the NLC
Conference.
SUMMARY:
The National League of Cities Congressional City Conerence will provide participants tools and
connections to bring back to their cities. The conference will provide attendees access to
Washington DC's top federal leaders, to gain expert insights on how to best leverage federal
programs, maximize federal funds and federal programs that can help rebuild communiities.
ANALYSIS:
VI. CITY COUNCIL TRAVEL POLICY
A. Approval. Each City Council Member shall formally request approval of all City-related travel
thirty (30) days prior to attendance. If a City Council Member fails to request approval by this
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deadline, the member may request late approval by the City Council; any travel not approved
will be at the personal expense of the member.
B. Documentation. The formal request shall include a summary explaining the nature of their
participation, how it will benefit or affect the City, and anticipated costs. The member shall
provide documentation and receipts to the City Manager reconciling expenditures within thirty
(30) days after their return from an event.
C. Fiscal Responsibility. Members shall make a diligent effort to be fiscally prudent in their
expenditures by purchasing lowest available air fare, securing economy hotel accommodations,
and implementing other cost saving measures whenever possible.
D. Reconciliation of Prior Travel. City Council Members will not be allowed to travel for the City
until their previous travel expenses have been reconciled.
E. Monitoring Policy. The City Council shall continually monitor travel expenditures throughout
the year.
F. Out of State Travel. A City Council Member may attend only one (1) out-of-state conference
per year at the City’s expense, unless approved by a super-majority vote of five (5) City Council
members.
G. Repayment of Expenses to City. Any City Council Member who cannot travel after expenses
have already been paid may be asked to repay all or a portion of these expenses. Repayment
may be withheld from such member’s salary, if directed by a super-majority vote of the City
Council.
Resolution No. 48, Series of 2014 was amended to reflect changes in Council Travel Policy
publications
COUNCIL ACTION REQUESTED:
Council Member Woodward requests that City Council approve, by motion, this request for
travel to the NLC Conference in March, 2022.
FINANCIAL IMPLICATIONS:
The total cost for one member to attend the NLC Congressional City Conference in Washington
D.C. in March is approximately $3,410.The breakdown of costs include:
Registration fee:$630 (Early Bird fee, must register by January 31)
Lodging: $1800
Airfare: $640
Meals and transportation costs: $340
Total Costs: $3,410
City Council's Travel Budget for 2022 is $15,000.
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