Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-06-24 (Regular) 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. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, June 24, 2019 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of June 10, 2019. City Council Regular - 10 Jun 2019 - Minutes - Pdf b. Minutes of the Special City Council Meeting of June 17, 2019. City Council Special - 17 Jun 2019 - Minutes - Pdf 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Marci Brown, an Englewood resident, will address Council. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Member Response to Public Comment. a. 7a b. 7c Council Member Response to Public Comment. 8. Communications, Proclamations, and Appointments a. Approval of Board and Commission appointments Page 1 of 162 Englewood City Council Regular Agenda June 24, 2019 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. Approval of Board and Commission appointments Council approve by Motion the appointment of Board and Commission Members. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 17 - Participation in the Metro Mortgage Assistance Plus Program CB 17 - Pdf Staff recommends City Council approve, by Ordinance, authorizing and approving the City's continued participation in the Metro Mortgage Assistance Plus Program and authorizing the execution of the Delegation and Participation Agreement. Staff: Community Development Director Brad Power ii. CB 24 - VALE Grant Acceptance CB 24 - Pdf The Police Department is recommending City Council approve, by Ordinance, to accept of the Victim Assistance in Law Enforcement (VALE) Grant in the amount of $18,000.00. This Grant funding will supplement the salary of the Victim/Witness Advocate in the Englewood Municipal Court. Staff: Victim Witness Services Coordinator Nancy Wenig iii. CB 28 - 2009 Series Bond Refunding CB 28 - Pdf Staff seeks City Council's approve, by Ordinance, to refund General Obligation Water Bonds - Series 2009 with an estimated accumulated net savings of approximately $240,000. Savings may vary based on the set rate which will be established no earlier than June 24, 2019 after the 2nd Reading. The City will experience annual savings through reduced interest payments over the remaining life of the bonds. The current interest rate quoted is below the rate quoted during the Study Session on May 20, 2019. Staff: Interim City Manager Dorothy Hargrove c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading i. CB 22 - Park Rules and Regulations CB 22 - Pdf Staff recommends that Council approve, by Ordinance, the Park Rules and Page 2 of 162 Englewood City Council Regular Agenda June 24, 2019 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. Regulations. Staff: Acting Parks, Recreation and Library Director Dave Lee ii. CB 27 - Wastewater System Service Agreement CB 27 - Pdf Staff recommends City Council approve, by Ordinance, an agreement with South Englewood Sanitation District No. 1 for wastewater system services. Staff: Utilities Director Tom Brennan c. Resolutions and Motions i. Resolution regarding salary adjust: City Attorney Pdf The City Attorney requests approval of a Resolution Establishing the Annual Salary of the City Attorney. ii. Resolution approving City Manager Contract Pdf Council approve, By Resolution, the appointment of James Shawn Lewis as the City Manager, as well as, approval of an employment agreement. 12. General Discussion a. Mayor's Choice i. Executive Session- For a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b), focusing upon matters of current and/or anticipated litigation and legal analysis of City’s position. b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 162 MINUTES City Council Regular Meeting Monday, June 10, 2019 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:13 p.m. 2 Invocation The invocation was given by Mayor Pro Tem Russell 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tem Russell 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez COUNCIL ABSENT: Council Member Othoniel Sierra Council Member Cheryl Wink STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown Assistant City Attorney Comer City Clerk Carlile Deputy City Clerk McKinnon Director Sobota, Finance and Administrative Services Director D'Andrea, Public Works Director Brennan, Utilities Director Power, Community Development Director Brocklander, Information Technology Page 1 of 10 Draft Page 4 of 162 City Council Regular June 10, 2019 Acting Director Lee, Parks/Recreation and Library Planning Manager Burkholder, Community Development Court Administrator Wolfe, Municipal Courts Revenue and Tax Audit Supervisor Driscoll, Finance and Administrative Services Recreation Programs/Facility Supervisor Jones, Parks and Recreation Executive Assistant Fenton, Community Development Victim Witness Services Coordinator Wenig, Police Department Technical Support Specialist II Munnell, Information Technology Police Commander Martin, Police Department Officer Douglas, Police Department 5 Consideration of Minutes of Previous Session Moved by Mayor Pro Tem Russell seconded by Council Member Martinez to approve the Minutes of 5 (a-d). a) Minutes of the Regular City Council Meeting of May 20, 2019. b) Minutes of the Special City Council Meeting of May 22, 2019. c) Minutes of the Special City Council Meeting of May 28, 2019. d) Minutes of the Special City Council Meeting of May 30, 2019. Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion to approve Agenda Items 5 (a) - (d). For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x 5 0 0 Motion CARRIED. e) Minutes of the Special City Council Meeting of June 3, 2019. Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta Motion to approve the Minutes of the Special City Council Meeting of June 3, 2019. For Against Abstained Page 2 of 10 Draft Page 5 of 162 City Council Regular June 10, 2019 Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez x 4 0 1 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) JJ Margiotta, an Englewood resident, was schedule to address Council but was not present. b) Greg Johnson, an Englewood resident, was scheduled to address Council regarding the use of pesticides and zoning/multiple dwelling units but was not present. c) Marcy Brown, an Englewood resident, addressed Council regarding high density building in the City. d) Kathleen Bailey, an Englewood resident, was scheduled to address Council regarding Englewood's current storm sewer infrastructure but was not present. e) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Vicki Hoffman addressed Council regarding flooding. b) Andrea Manion, an Englewood resident, addressed Council regarding sales/use tax licensees. c) Jerry Walker, an Englewood resident, addressed Council regarding the Mayor. d) Judy Dunlop, an Englewood resident, addressed Council regarding Council Policy. e) C. Ann Dickerson, an Englewood resident, addressed Council regarding sales/use tax licenses and park rules. f) Aaron Reid, an Englewood resident, addressed Council regarding Council Meetings. g) Janice Brown, an Englewood resident, addressed Council regarding the Bond issue for parks and storm drainage, a pollinator City, and the sweep of homeless at the Platte River. Council Member Barrentine Responded to Public Comment. 8 Communications, Proclamations, and Appointments Page 3 of 10 Draft Page 6 of 162 City Council Regular June 10, 2019 There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Agenda item 9(c)(iii) was removed from the Consent Agenda Moved by Russell seconded by Council Member Martinez to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(i-ii). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See agenda items 11 (a)(i-v).) b) Approval of Ordinances on Second Reading. i) CB 21 - Small Cell License Agreement ORDINANCE NO. 24, SERIES OF 2019 (COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING THE ADMINISTRATIVE APPROVAL OF SMALL CELL LICENSE AGREEMENTS. ii) CB 23 - IGA Amendment for Englewood Trolley Cost Sharing ORDINANCE NO. 25, SERIES OF 2019 (COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING A FIFTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE ENGLEWOOD TROLLEY COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD c) Resolutions and Motions i) Copier and Printer Agreement RESOLUTION NO. 49, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT AND LEASE AGREEMENT FOR SHARP COPIERS UNDER THE TERMS OF Page 4 of 10 Draft Page 7 of 162 City Council Regular June 10, 2019 THE STATE OF COLORADO COOPERATIVE PURCHASING AGREEMENT. ii) Municipal Court Software - Motion to Approve Licensing Motion approving the purchase and implementation of Journal Technologies Municipal Court Case Management System in the amount of $325,000 (includes software full implementation and $60,000 annual maintenance support and licensing). iii) Resolution to Approve National Meter and Automation, Inc. Annual Water Meter Purchase [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Amy Martinez Seconded by Council Member Dave Cuesta RESOLUTION NO. 50, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF 700 WATER METERS AND REPAIR PARTS FROM NATIONAL METER AND AUTOMATION, INC. For Against Abstained Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez (Moved By) x 4 1 0 Motion CARRIED Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(i-ii). For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x 5 0 0 Page 5 of 10 Draft Page 8 of 162 City Council Regular June 10, 2019 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 17 - Participation in the Metro Mortgage Assistance Plus Program Moved by Council Member Amy Martinez Seconded by Council Member Dave Cuesta COUNCIL BILL NO. 17, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AND APPROVING CITY OF ENGLEWOOD’S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF THE DELEGATION AND PARTICIPATION AGREEMENT AND OTHER IN CONNECTION THEREWITH. For Against Abstained Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez (Moved By) x 5 0 0 Motion CARRIED. ii) CB 24 - VALE Grant Acceptance Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER MARTINEZ A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. Page 6 of 10 Draft Page 9 of 162 City Council Regular June 10, 2019 For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x 5 0 0 Motion CARRIED. iii) CB 25 - Mandatory Sales & Use Tax License Requirement Moved by Council Member Rita Russell Seconded by Council Member Linda Olson Motion to table this item to a Study Session. For Against Abstained Linda Olson (Seconded By) x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 5 0 0 Motion CARRIED. iv) CB 27 - Wastewater System Service Agreement Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINE OF THE DISTRICT LOCATED WITHIN THE CITY BOUNDARIES. For Against Abstained Linda Olson x Rita Russell (Moved By) x Page 7 of 10 Draft Page 10 of 162 City Council Regular June 10, 2019 Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez x 4 1 0 Motion CARRIED. v) CB 28 - 2009 Series Bond Refunding Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING THE ISSUANCE BY CITY OF ENGLEWOOD OF A GENERAL OBLIGATION REFUNDING NOTE TO EVIDENCE A LOAN INCURRED FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY BONDS AT A LOWER INTEREST RATE; AND PROVIDING FOR THE PAYMENT AND CANCELLATION OF THE REFUNDED BONDS, FOR THE LEVY OF PROPERTY TAXES TO PAY THE NOTE AND OTHER DETAILS IN CONNECTION THEREWITH. For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez x 5 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 22 - Park Rules and Regulations Moved by Council Member Amy Martinez Seconded by Council Member Dave Cuesta Motion to Table this item to the Regular City Council Meeting of June 24, 2019. For Against Abstained Linda Olson x Rita Russell x Laurett Barrentine x Page 8 of 10 Draft Page 11 of 162 City Council Regular June 10, 2019 Dave Cuesta (Seconded By) x Amy Martinez (Moved By) x 3 2 0 Motion CARRIED. c) Resolutions and Motions i) Monument Signage for Pirates Cove, Englewood Recreation Center and Malley Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion approving a contract for construction and installation of marquee signage at Pirates Cove, Englewood Recreation Center and Malley Recreation Center to the lowest technically acceptable bidder, Signdealz Corp. in the amount of $120,207.00. For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x 5 0 0 Motion CARRIED. ii) Award of Contract to Vets Securing America, Corp. for EEF Unarmed Site Security Services Moved by Council Member Amy Martinez Seconded by Council Member Dave Cuesta Motion approving a contract with Vets Securing America, Corp. for unarmed site security services on the Englewood Environmental Foundation (EEF) property in an amount not to exceed $196,200.00. For Against Abstained Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez (Moved By) x 5 0 0 Page 9 of 10 Draft Page 12 of 162 City Council Regular June 10, 2019 Motion CARRIED. iii) Revised Council Policy Manual Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta Motion to table this item to a Study Session. For Against Abstained Linda Olson x Rita Russell (Moved By) x Laurett Barrentine x Dave Cuesta (Seconded By) x Amy Martinez x 5 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 9:58 p.m. City Clerk Page 10 of 10 Draft Page 13 of 162 MINUTES City Council Special Meeting Monday, June 17, 2019 1000 Englewood Pkwy – Council Chambers 5:30 PM COUNCIL PRESENT: Amy Martinez Linda Olson Dave Cuesta Laurett Barrentine Cheryl Wink Othoniel Sierra Rita Russell COUNCIL ABSENT: STAFF PRESENT: Legislative Services Manager Community Services Manager Director of Public Works 1 Call to Order The Special Meeting of the Englewood City Council was called to order by Mayor Olson at 7:15 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson. 3 Roll Call 4 City Manager Selection Discussion a) Council discussed the strengths of each Candidate and who their first choice for City Manager would be. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink MOTION TO MOVE FORWARD WITH NEGOTIATIONS WITH JAMES (SHAWN) LEWIS AS THE NEXT CITY MANAGER FOR THE CITY OF ENGLEWOOD. For Against Abstained Page 1 of 3 Draft Page 14 of 162 City Council Special June 17, 2019 Amy Martinez x Linda Olson x Dave Cuesta x Laurett Barrentine x Cheryl Wink (Seconded By) x Othoniel Sierra x Rita Russell (Moved By) x 7 0 0 Motion CARRIED. 5 Executive Sesson a) Executive Session - For discussion of matters subject to negotiation under C.R.S. Section 24-6-402(4)(e), focusing upon matters related to development of those terms of contract with future City Manager that will be subject to negotiation. Moved by Council Member Linda Olson Seconded by Council Member Rita Russell TO MOVE INTO EXECUTIVE SESSION FOR DISCUSSION OF MATTERS SUBJECT TO NEGOTIATION UNDER C.R.S. SECTION 24-6-402(4)(e), FOCUSING UPON MATTERS RELATED TO DEVELOPMENT OF THOSE TERMS OF CONTRACT WITH FUTURE CITY MANAGER THAT WILL BE SUBJECT TO NEGOTIATION. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Dave Cuesta x Laurett Barrentine x Cheryl Wink x Othoniel Sierra x Rita Russell (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 7:51 p.m. to go into Executive Session. The meeting reconvened at 9:30 p.m. with all six Council Members present. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO CLOSE THE EXECUTIVE SESSION. Page 2 of 3 Draft Page 15 of 162 City Council Special June 17, 2019 For Against Abstained Amy Martinez x Linda Olson x Dave Cuesta x Laurett Barrentine x Cheryl Wink x Othoniel Sierra (Seconded By) x Rita Russell (Moved By) x 7 0 0 Motion CARRIED. Mayor Olson recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. 6 Adjourn MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 9:31 p.m. City Clerk Page 3 of 3 Draft Page 16 of 162 {T I 8umIom}_»:_mm2:.xmm:_m:o:m no:nm3m«mmm_.E:m.mmmm-3;x:_mm2...xmm:_m:o:m_ manosnmqsmaEm"Em_m:m=mmmamonozmcmmoEm:Em o:=:m:nmoomm:2 ommqmm_mm..m?nmaman 2 2:2Gea.m:2m__o<<mn_32...:m_.mmm3m:m_m<<ooo.._._..m8:..._mmonoomou_m.5...»%.§m..3.. _3..mnmo:.n.Em"mam:0.n_mmqEamaEmo..oSm=nm. _ qmsmémo 3<no:nm:.m 5:...Em 9%m:..o_.nm:.m:n >n_<_mo2no33_:mm.2...Em<5..:9mmm:Em22.32.noomn_.m:mmm. Dcmmzoam $2.2.H.>3m:n_:..m:.3._.:_m?rnymonmnPmmnzozN..::m5.n:munm_.P mmnzoz~2 Em m:m_m<<ooa _<_..:_m.um_9%Em:cm.._=.m=..2.mm3__o<<m. c:am..$32.0 w.>__3.“...Em:333:o:_mmm_._....._mmm<<_E_:mamnmsmnmo.2...oomnmoo2._mmu_.m..mm.9:...»Em :95 man:o2._mmmEEmuWomm.smamoeaomnmo3..o:._mmm:Em.>322...m_mmm:3 u no ES ..m._.:3 mmncqmEm_mmm:8m«mmoo:m=u_mumaoso..<<_E.:mqmmuo:m_c_m_omGo:.m.52.oommso.mo3u_<§E Ea m3<_m_o:. Dcmmzoz.._.:mm_.m=.:..m_.3Em25mmznmonmW:2n_mm...._.E;33:.3:now...3:3 33$:9.. _mmm_.::_mmm<<.E.=m..a.maa..om._mmm:m..mm...=.=mEm=o:..m....8s.._3.om._mmm::mm.:. Dcmmzoo.E3:oomm:mmn.._.mEm_mm..._.8..mmuo=m=..._mum...n.o:...=n_:n_m._.m...moo_mE:SE Em...gown mzmnrmonoEm...cm?:m:_...=nmoumou_m<.Emm_n:u_..mmzmn:E .25:Em...3%._umou_mExm Em<mmumm.m_2«mm::3SnxmSE3%Eu”u..on:.omumm?Em .82.E.2...mom2::.2... mamczomEmoom3cmmmmm<.E=m_.=:a:mm_o:mmamEm Exm.moo38"umoo_m<<m_::moomm:o_.__Em _mmm_...:Em:33%>..mEmmm=.mEo%no:mEm..mo323» 0.53.0;c:om..Eammam:m3sE<_mEmo_...mmm=<<_E_:m..mmuo:m=u_mumaoaw3....=._.m§. mmum_.mnm_<...._mE::2mmn:..m...<55"_mEmmomn?nmzoz_...5 ?mcm<<_E _.o_.=:mEm .33 5 <9...:2... E3§....§:8cm_....3...n.mum..mnm_<~Em.mmnoariam. DcmmzosuSE3_mEm%....:.o=3m...mmuo:mE_mum..mo:..ucommEw ammo o:_<Em o<.=.m..2 Em 2.35....comm2%_...n_:om::m:_...m2.mmn_nZE_.m:....commEa .:n_:om momEm__.m.,m..o<56 _m...n_..%..3 EW %.......2_o1ammno:m=u_mum_.mo:....._...Eaumao:_mmm__<=mc_m3..Em m:.:.m_.mmnmozm... P>__m_.mo:mmxm3_u_:mmnm:_..:m__:m_E:=nomm:m___...m..m.n.o:m_o_m313325;».no__mnz:2... «m=.o<.:m.3Emmnm.2:.Enxmmo_...mEm:3.3».mEam_.o__.mnn833...:m__23mm. Dcmmzoou_m:2Em2.38..2no::d_=:mEmmo_3m_.momno<m..mq 330..w.m_oo<mm Dcmmaoan._.:.mGnoicnsm3EmEmo1...32no:n..o_...mEm_,Em:.mmn:..m._._:332.w.<53"WEm E2m..m:nm_mmm__<:m..mcmgmm:Em26nm..=.$Page 17 of 162 Page 18 of 162 Page 19 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christa Graeve DEPARTMENT: City Manager's Office DATE: June 24, 2019 SUBJECT: Approval of Board and Commission appointments DESCRIPTION: Approval of Board and Commission appointments RECOMMENDATION: Council approve by Motion the appointment of Board and Commission Members. PREVIOUS COUNCIL ACTION: City Council has previously appointed the board and commission members seeking reappointment and the alternate to regular members. City Council was presented with reappointment and alternate to regular appointments at the April 15 Study Session at which time Council decided that it would wait until it had interviewed the new applicants. Board and Commission interviews were held on June 12, 2019. Following discussion, City Council decided that it would continue discussion on board and commission appointments at the June 24, 2019 City Council meeting. SUMMARY: Board and commission members are appointed by City Council in February and July of every year. The process for appointing board and commission members includes reappointments of current members who are eligible for another term and are interested in continuing on the respective board, appointing alternate to regular members and interviewing new applicants to fill vacancies on the City's boards and commissions. ATTACHMENTS: Board and Commission Appointments Worksheet June 2019 Board and Commission Roster 2019 Page 20 of 162 6/20/2019 Page 1 of 2 BOARD AND COMMISSION APPOINTMENTS WORKSHEET June 2019 Alliance for Commerce in Englewood Committee Interested Eligible Applicants: Jason Whyte – a reappointment 1 Regular Term expiring 7/1/2022 ___Jason Whyte_________ 1 Alternate Member ___Vacant_____________ Board of Adjustment and Appeals Interested Eligible Applicants: Furie Giusti (Carol Hearn‐withdrew application) 1 Alternate Member ____________________________ Budget Advisory Committee Interested Applicants: Chelsea Nunnekamp, Donna Woods, Matt Collins, and Joel Moore 1 Regular Member expiring 7/1/2020 ________________________________ 1 Regular Member expiring 7/1/2022 ________________________________ 1 Regular Member expiring 7/1/2022 ________________________________ Code Enforcement Advisory Committee Interested Applicants: Colleen Moore ‐reappointment, Jerry Walker – reappointment, JJ Margiotta – alternate reapplying, Matt Collins, Furie Giusti, Carson Green and Brenda Hubka (currently on Cultural Arts Commission) 1 Regular Member expiring 2/1/2020 ______________________________ 1 Regular Member expiring 2/1/2020 ______________________________ 1 Regular Member expiring 7/1/2021 ______________________________ 1 Regular Member expiring 7/1/2021 ______________________________ 1 Alternate Member ________________________________ Cultural Arts Commission Interested Applicants: Dana Foulks‐reappointment, Leabeth Pohl‐reappointment, Joel Moore (if Brenda Hubka moves to CEACC) 1 Regular Member expiring 7/1/2022 ___Dana Foulks______________ Page 21 of 162 6/20/2019 Page 2 of 2 1 Regular Member expiring 7/1/2022 ___Leabeth Pohl_____________ Vacated seat by Brenda Hubka? expiring 7/1/2020 ___Joel Moore __________________ 1 Youth Member ____vacant_____________________ Keep Englewood Beautiful Commission Interested Applicants: Hedy Anselman and Margot Flynn 1 Regular Member expiring 2/1/2020 ___________Hedy Anselman______ 1 Regular Member expiring 2/1/2020 ___________Margot Flynn________ 1 Regular Member expiring 2/1/2020 ____________vacant____________ Public Library Board Interested Applicants: None 1 Regular Member expiring 2/1/2020 ___________vacant_______________ 1 Youth Member ___________vacant_______________ Parks and Recreation Commission Interested Applicants: None 1 Youth Member ___________vacant_______________ 1 Youth Member ___________vacant_______________ Planning and Zoning Commission Interested Eligible Applicants: Kate Fuller‐reappointment, Carson Green, Carl Adams, Furie Giusti 1 Regular Member expiring 2/1/2020 _______Kate Fuller_______________ 1 Alternate Member _______Carl Adams______________ Transportation Advisory Committee Interested Applicants: Breann Plasters, Matt Collins, Joel Moore 1 Alternate Member _____Breann Plasters_____________ Page 22 of 162 C I T Y O F E N G L E W O O D R O S T E R O F T H E B O A R D S, C O M M I S S I O N S, A U T H O R I T I E S, AND C O M M I T T E E S Revised June 21, 2019 Page 23 of 162 TABLE OF CONTENTS ENGLEWOOD CITY COUNCIL ........................................................................................................................................ 1 ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE ............................................................................... 2 BOARD OF ADJUSTMENT AND APPEALS ................................................................................................................. 4 BUDGET ADVISORY COMMITTEE ............................................................................................................................... 5 CODE ENFORCEMENT ADVISORY COMMITTEE ..................................................................................................... 5 CULTURAL ARTS COMMISSION ................................................................................................................................... 8 ELECTION COMMISSION .............................................................................................................................................. 10 ENGLEWOOD HOUSING AUTHORITY ...................................................................................................................... 11 FIREFIGHTERS PENSION BOARD ............................................................................................................................. 12 KEEP ENGLEWOOD BEAUTIFUL COMMISSION .................................................................................................... 13 LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY ........................................................................ 16 MALLEY CENTER TRUST FUND ................................................................................................................................. 17 NONEMERGENCY EMPLOYEES RETIREMENT BOARD ....................................................................................... 18 PARKS AND RECREATION COMMISSION ............................................................................................................... 19 PLANNING AND ZONING COMMISSION ................................................................................................................... 21 POLICE AND FIRE SUPPLEMENTAL DISABILITY BOARD ................................................................................. 23 POLICE OFFICERS PENSION BOARD ........................................................................................................................ 24 PUBLIC LIBRARY BOARD ............................................................................................................................................ 25 TRANSPORTATION ADVISORY COMMITTEE........................................................................................................ 27 URBAN RENEWAL AUTHORITY ................................................................................................................................ 28 WATER AND SEWER BOARD ...................................................................................................................................... 29 OTHER COUNCIL COMMITTEES ................................................................................................................................ 30 COLORADO MUNICIPAL LEAGUE POLICY COMMITTEE ....................................................................... 31 DENVER REGIONAL COUNCIL OF GOVERMENTS .................................................................................... 31 ENGLEWOOD GREATER CHAMBER OF COMMERCE .............................................................................. 31 CITY COUNCIL REPRESENTATIVE ............................................................................................................... 31 SCHOOL‐CITY JOINT COMMITTEE ............................................................................................................... 31 SCHOOL DISTRICT REPRESENTATIVES .................................................................................................... 33 SWEDISH TASK FORCE .................................................................................................................................... 32 TRI‐CITIES PLANNING COMMITTEE ........................................................................................................... 32 CITY OF ENGLEWOOD DEPARTMENTS .................................................................................................................. 33 JUDICIARY ........................................................................................................................................................... 33 CITY ATTORNEYS ............................................................................................................................................. 33 CITY ADMINISTRATION ................................................................................................................................. 33 PUBLIC WORKS ................................................................................................................................................. 33 COMMUNITY DEVELOPMENT ....................................................................................................................... 33 FINANCE & ADMINISTRATIVE SERVICES .................................................................................................. 33 HUMAN RESOURCES ...................................................................................... Error! Bookmark not defined. INFORMATION TECHNOLOGY .................................................................... Error! Bookmark not defined. LIBRARY SERVICES ........................................................................................ Error! Bookmark not defined. PARKS & RECREATION SERVICES ............................................................................................................... 33 POLICE DEPARTMENT .................................................................................................................................... 33 UTILITIES & WASTEWATER TREATMENT PLANT ................................................................................ 34 LEGISLATORS AND OTHER ELECTED OFFICIALS ................................................................................................ 34 CITY FACILITIES ............................................................................................................................................................. 35 Page 24 of 162 1 ENGLEWOOD CITY COUNCIL MAYOR Linda Olson Residence: 303‐871‐6801 District: II 3175 South York Street Sworn‐in: 11/16/09 80113 Sworn‐in: 11/18/13 Sworn‐in: 11/20/17 Term Expires: 11/15/21 MAYOR PRO TEM Rita Russell Residence: 303‐639‐6181 District: At Large 2216 E. Dartmouth Circle Sworn‐in: 11/16/2015 80113 Term Expires: 11/18/2019 COUNCIL MEMBERS Laurett Barrentine Residence: 303‐806‐8097 District: III 4160 S. Pearl St. Sworn‐in: 11/16/2015 80113 Term Expires: 11/18/2019 Amy Martinez Cell: 720‐238‐3959 District: At Large 4780 S. Bannock St. Sworn‐in: 11/16/2015 80110 Term Expires: 11/18/2019 Cheryl Leontyke Wink Residence: 720‐409‐0876 District: At Large 2980 South Elati Street Sworn‐in: 11/20/2017 Englewood, CO 80110 Term Expires: 11/15/2021 Dave Cuesta Residence: 720‐634‐6133 District: IV 4895 S. Kalamath Street Sworn‐in: 11/20/17 Englewood, CO 80110 Term Expires: 11/15/2021 Othoniel Sierra Residence: 303‐717‐7364 District: I 2901 S. Logan St. Sworn‐in: 6/4/2018 Englewood, CO. 80113 Term Expires: 11/18/2019 NON‐VOTING EX‐OFFICIO STAFF Interim City Manager Dorothy Hargrove Business: 303‐762‐2311 City Manager Term: Four year terms Schedule: Meets 1 st and 3rd Mondays of each month at 7:30 p.m. in Council Chambers Revised: June 21, 2019 Page 25 of 162 2 ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE CHAIR Brad Nixon District: Appointed: 07/05/16 Term Expires: 07/01/18 Reappointed: 07/01/21 VICE CHAIR Judith Dunlop District: Appointed: 07/01/18 Term Expires: 07/01/21 COMMITTEE MEMBERS Jason Whyte District: 2 Appointed: 07/01/13 Reappointed: 07/05/16 Term Expires: 07/01/19 Nathan Hoag District: Appointed: 02/01/18 Appointed: 07/01/20 Amy Gallegos District: Appointed: 07/03/17 Term Expires: 07/01/2020 Drevvis Ridley Appointed: 2/1/2018 Term Expires: 07/01/2020 Tyler Hood (Swedish Hospital) Appointed: 02/02/2019 Term Expires: 07/01/21 Andrea Manion District: Appointed: 07/05/16 Term Expires: 07/01/18 Reappointed: 07/01/21 NON‐VOTING PERMISSIVE LIAISON Tenure as Council Member City Council Rita Russell Tenure as Council Member City Council Randy Penn Tenure at Chamber Permissive Non‐Voting Chamber Staff Liaison Page 26 of 162 3 ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (continued) VOTING ALTERNATE MEMBER VACANT Appointed: 07/1/2018 NON‐VOTING EX‐OFFICIO STAFF Darren Hollingsworth Business: 303‐762‐2599 Economic Development Manager Shelly Worek Business: 303‐762‐2343 Recording Secretary Term: Three year terms Schedule: Meets 2 nd Wednesday of each month at 11:30 a.m. in City Council Conference Room Membership: At least one member must also be a member of the Greater Englewood Chamber of Commerce Revised: June 21, 2019 Page 27 of 162 4 BOARD OF ADJUSTMENT AND APPEALS CHAIR Thomas Finn District: 1 Appointed: 07/01/13 Reappointed: 02/01/16 Term Expires: 02/01/2020 VICE CHAIR Randall Friesen District: 4 Appointed: 02/02/15 Reappointed: 02/02/2019 Term Expires: 02/01/2023 BOARD MEMBERS Andy Taylor District: Appointed: 07/05/16 Reappointed: 02/02/2019 Term Expires: 02/01/2023 Aaron Rieger Appointed: 02/01/18 Term Expires: 02/01/22 Angela Schmitz District: 1 Appointed: 02/06/12 Reappointed: 02/01/16 Term Expires: 2/01/2020 Kristen Schledorn District: 1 Appointed: 02/02/2019 Term Expires: 02/01/2023 Robert Ellstrom District: Appointed: 02/01/17 Reappointed: 07/01/17 Term Expires: 07/01/21 VOTING ALTERNATE MEMBER VACANT NON‐VOTING EX‐OFFICIO STAFF Wade Burkholder Business: 303‐762‐2341 Community Development Planning Manager Shelly Worek Business: 303‐762‐2343 Recording Secretary The Board of Adjustment and Appeals Alternate Voting Member is appointed by resolution with no changes made to the Englewood Municipal Code. Term: Four year terms Schedule: Meets 2 nd Wednesday of each month at 7:00 p.m. in Council Chambers Revised: June 21, 2019 Page 28 of 162 5 BUDGET ADVISORY COMMITTEE CHAIR Suzanne Dirckson Appointed: 07/03/17 Reappointed: 07/01/18 Term Expires: 07/01/21 VICE CHAIR Vacancy (resignation Julie Kiewit) Appointed: 07/03/17 Term Expires: 07/01/20 Commissioners Vacancy (resignation Shelley Manzano) District: Appointed: 07/05/16 Term: 07/01/19 Vacancy (resignation Christine McGroarty) District: 3 Appointed: 07/01/13 Appointed: 07/05/16 Term Expires: 07/01/19 Steve Ward District: 4 Appointed: 07/01/13 Reappointed: 07/06/15 Reappointed: 07/01/18 Term Expires: 07/01/21 REQUIRED NON‐VOTING COUNCIL LIAISON Rita Russell PERMISSIVE NON‐VOTING COUNCIL LIAISON CHERYL WINK Tenure as Council Member City Council Alternate NON‐VOTING EX‐OFFICIO STAFF Eric Keck Business: 303‐762‐2410 Tenure City Manager Kathy Rinkel Business: 303‐762‐2422 Tenure as F/AS Director Director of Finance & Admin. Services Jennifer Nolan Business: 303‐762‐2409 Tenure Revenue & Budget Manager Recording secretary Term: 3 year terms Schedule: Meets 3 rd Tuesday of every month at 4:30 pm. Revised: June 21, 2019 Page 29 of 162 6 CODE ENFORCEMENT ADVISORY COMMITTEE CHAIR Jerry Walker District: Appointed: 7/17/17 Term Expires: 07/01/19 VICE CHAIR Julie Bowden District: Appointed: 02/01/17 Reapppointed: 07/01/18 Term Expires: 07/01/20 COMMITTEE MEMBERS Vacancy (resignation Karl Onsager) District: 1 Appointed: 02/02/15 Appointed: 07/05/16 Reappointed: 07/01/18 Term Expires: 07/01/20 Wesley Dean Stone District: Appointed: 07/05/16 Reappointed: 07/01/18 Term Expires: 07/01/20 Coween Dickerson District: Appointed: 07/03/17 Reappointed: 07/01/18 Term Expires: 07/01/20 Colleen Moore District: Appointed: 07/01/18 Term Expires: 07/01/19 Vacancy (resignation Dale Harris) Appointed: 2/1/18 Term Expires: 7/1/19 REQUIRED NON‐VOTING COUNCIL LIAISON Rita Russell Tenure as Council Member REQUIRED NON‐VOTING COUNCIL LIAISON Othoniel Sierra Tenure as Council Member NON‐VOTING ALTERNATE MEMBER James Margiotta Appointed: 07/01/18 NON‐VOTING EX‐OFFICIO STAFF Marlene Lammers Business: 303‐762‐2460 Police Department Staff Liaison Tim Englert Business: 303‐762‐2338 Tenure Page 30 of 162 7 Police Department Staff Liaison Mark Woulf Business: 303‐762‐2317 Tenure Interim Assistant City Manager Term: Two year terms. Membership requires two non‐voting Council Liaisons. 2‐10‐2 EMC Schedule: Meeting shall be held on an ad hoc basis as may be determined by City Council or the Committee chair. For such meetings, at least seven days’ notice must be given to each Committee member, including ex‐officio and Council Members. Revised: June 21, 2019 Page 31 of 162 8 CULTURAL ARTS COMMISSION CHAIR David Carroll District: Appointed: 02/01/2017 Appointed: 07/01/2020 VICE CHAIR Leabeth Pohl District: Appointed: 07/05/16 Term Expires: 07/01/19 COMMISSIONERS Dana Foulks District: Appointed: 07/05/16 Term Expires: 07/01/19 Brenda Hubka District: Appointed: 07/01/18 Appointed: 07/01/20 Laura Bernero District: Appointed: 02/02/2019 Term Expires: 07/01/2020 Clarice Ambler District: Appointed: 02/02/2019 Term Expires: 07/01/2021 Martin Gilmore Appointed: 2/1/18 Reappointed: 07/01/18 Term Expires: 07/01/21 PERMISSIVE NON‐VOTING LIAISONS VACANT PERMISSIVE NON‐VOTING LIAISON Amy Martinez Tenure as Council Member City Council PERMISSIVE NON‐VOTING ALTERNATE MEMBER Mark Hessling Appointed 02/02/2019 PERMISSIVE NON‐VOTING YOUTH LIAISON Dustin Trevino Term Expires: 07/01/2019 Page 32 of 162 9 CULTURAL ARTS COMMISSION (continued) NON‐VOTING EX‐OFFICIO STAFF Dorothy Hargrove Business: 303‐762‐2553 Director of Parks, Recreation & Library Jon Solomon Business 303‐762‐2566 Library Manager Debby Severa Business: 303‐762‐2684 Recording Secretary Term: Three year terms for Commissioners, one year terms for Youth Members Schedule: Meets 1 st Wednesday of each month at 5:45 p.m. in the City Council Conference Room Revised: June 21, 2019 Page 33 of 162 10 ELECTION COMMISSION CHAIR COMMISSIONERS Douglas Cohn District: 2 Appointed: 02/03/14 Reappointed: 2/1/18 Term Expires: 02/01/20 Judith Dunlop District: Appointed: 02/01/2018 Term Expires: 02/01/2020 Robert Watson District: Appointed: 02/01/17 Term Expires: 02/01/21 Deborah Ward Appointed: 02/02/2019 Term Expires: 07/01/2023 EX‐OFFICIO VOTING MEMBER Stephanie Carlile Business: 303‐762‐2405 Tenure as City Clerk City Clerk 1000 Englewood Parkway 80110 NON‐VOTING EX‐OFFICIO STAFF Jackie McKinnon Business: 303‐762‐2429 Deputy City Clerk Recording Secretary Term: Four year terms Schedule: Meets as required by election schedule Revised: June 21, 2019 Page 34 of 162 11 ENGLEWOOD HOUSING AUTHORITY CHAIR Ernie Arterburn District: Appointed: 07/3/2017 Term Expires: 0701/2022 VICE CHAIR Jennifer Haynes District: 4 Appointed: 07/07/08 Reappointed: 07/01/13 Reappointed: 07/01/18 Term Expires: 07/01/23 AUTHORITY MEMBERS Joan McLendon District: Appointed: 07/01/18 Term Expires: 07/01/23 Colleen Nebel District: 4 Appointed: 07/05/16 Term Expires: 07/01/21 Paula Grimes District: 3 Appointed: 01/20/15 Reappointed: 07/06/15 Term Expires: 07/01/20 PERMISSIVE NON‐VOTING LIAISON Laurett Barrentine Tenure as Council Member City Council PERMISSIVE NON‐VOTING ALTERNATE Jennifer Heinrich Appointed: 07/03/2017 NON‐VOTING EX‐OFFICIO STAFF Jerry Graber Business: 720‐979‐7017 Tenure Executive Director Recording Secretary Term: Five year terms Note: One Authority member must be an Englewood Housing Authority resident. Schedule: Meets 1 st Wednesday of month at 4:00 p.m. in Housing Authority Board Room Revised: June 21, 2019 Page 35 of 162 12 FIREFIGHTERS PENSION BOARD CHAIR Keith Lockwood District: N/A Employee Elected Appointed: 03/11/03 Reappointed: 12/31/04 Reappointed: 12/31/07 Reappointed: 12/31/10 Reappointed: 12/31/13 Term Expires: 12/31/16 Reappointed: 12/31/16 Term Expires: 12/31/19 BOARD MEMBERS Richard Petau District: N/A Employee Elected Appointed: 1/1/2019 Term Expires: 12/31/21 Kathleen Rinkel Tenure as Director of Finance & Admin. Services F/AS Director Grayson Hartley District: N/A Employee Elected Appointed: 07/17/12 Reappointed: 12/31/14 Term Expires: 12/31/17 Eric Courage District: Council Appointed Appointed: 4/2/2018 Term Expires: 2/1/2020 Linda Olson Tenure as Mayor Mayor NON‐VOTING EX‐OFFICIO STAFF Kerry Bush Business: 303‐762‐2327 Recording Secretary Term: Three year terms Schedule: Meets 2 nd Thursday of February, May, August and November at 4:00 p.m. Location to be announced Revised: June 21, 2019 Page 36 of 162 13 Historic Preservation Commission COMMISSIONERS Chair Lauren Cooper Appointed: 07/03/2017 Term Expires: 07/01/2021 COMMISSIONERS CJ Cullinan Appointed: 07/03/2017 Term Expires: 07/01/2021 Matthew Crabtree Appointed: 07/03/2017 Term Expires: 07/01/2021 Melinda Elswick Appointed: 07/03/2017 Term Expires: 07/01/2021 Cash Parker Appointed: 2/1/18 Term Expires: 07/01/2020 Mike Jones Appointed: 07/01/2018 Term Expires: 07/01/2020 Jason O’brien Appointed: 02/02/2019 Term Expires: 7/1/2020 NON‐VOTING LIAISON Dave Cuesta Tenure as Council Member City Council NON‐VOTING EX‐OFFICIO STAFF Eric Sampson Business: 303‐762‐2345 Community Development Department Nancy Fenton Business: 303‐762‐2347 Recording Secretary Term: Four year terms Schedule: Meets the 3 rd Wednesday of each month. Revised: June 21, 2019 Page 37 of 162 14 KEEP ENGLEWOOD BEAUTIFUL COMMISSION CHAIR Meg Griffin District: Appointed: 02/01/2017 Reappointed: 2/1/18 Term Expires: 02/01/2020 VICE CHAIR Jennifer Heller District: Appointed: 02/01/17 Reappointed: 02/02/2019 Term Expires: 02/01/21 COMMISSIONERS VACANCY (Ferro resigned 06/2019) Appointed: Term Expires: 02/01/2020 Michael Chisholm District: Appointed: 07/01/18 Reappointed: 02/02/2019 Term Expires: 02/01/21 Robert Stephenson District: Appointed: 07/05/16 Reappointed: 2/1/18 Term Expires: 02/01/2020 Keeley Sugden Appointed: 07/03/2017 Reappointed: 02/02/2019 Term Expires: 02/01/2021 Annie Barrow District: Appointed: 02/01/2019 Term Expires: 02/01/2021 VACANT Term Expires: 2/1/20 VACANT Term Expires: 2/1/20 PERMISSIVE NON‐VOTING LIAISON Amy Martinez Tenure of City Council City Council NON‐VOTING EX‐OFFICIO STAFF Will Charles Business: 303‐762‐2349 Community Development Dept. Shelly Worek Business: 303‐762‐2343 Recording Secretary Page 38 of 162 15 Term: Two year terms, except Youth Members Schedule: Meets 2 nd Tuesday of each month at 6:00 p.m. in the City Council Conference Room Revised: June 21, 2019 Page 39 of 162 16 LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY CHAIR D. Alexander Wenzel District: 3 Appointed: 07/07/14 Appointed: 07/03/17 Term Expires: 07/01/2020 AUTHORITY MEMBERS Writer Mott District: 2 Appointed: 02/02/15 Appointed: 07/05/16 Term Expires: 07/01/19 Mark Monroe District: Appointed: 07/05/16 Term Expires: 07/01/19 Drevvis Ridley District: 4 Appointed: 07/06/15 Term Expires: 07/01/18 Jay Speagle District: Appointed: 07/05/16 Term Expires: 07/01/19 NON‐VOTING EX‐OFFICIO STAFF Jackie McKinnon Business: 303‐762‐2429 Deputy City Clerk Recording Secretary Term: Three year terms Schedule: Meets 1 st and 3rd Wednesdays of each month as needed at 7:00 p.m. in Council Chambers Revised: June 21, 2019 Page 40 of 162 17 MALLEY CENTER TRUST FUND CHAIR Joseph DeMoor District: 4 Appointed: 07/06/15 Reappointed: 02/01/16 Reappointed: 02/02/2019 Term Expires: 02/01/2022 VICE CHAIR Earl Huff District: 3 Appointed: 02/06/12 Reappointed: 02/02/15 Reappointed: 2/1/18 Term Expires: 02/01/21 TRUSTEES Bobbie Harris District: 3 Appointed: 02/01/17 Term Expires: 02/01/20 Rita Russell Tenure as Council Member City Council Delegate Trustee James Woodward Tenure as P&R P&R Commission Member Committee Member NON‐VOTING EX‐OFFICIO STAFF Debby Severa Business: 303‐762‐2685 Parks & Rec Department Assistant Recording Secretary Term: Three year terms Requirements: Must be 55 years or older. Must be active in the affairs of the Malley Center Schedule: Meet four times a year or as needed Revised: June 21, 2019 Page 41 of 162 18 NONEMERGENCY EMPLOYEES RETIREMENT BOARD CHAIR James Woodward District: 3 Council Appointed Appointed: 02/03/14 Reappointed: 02/02/15 Reappointed: 02/01/19 Term Expires: 02/01/2023 BOARD MEMBERS Kathleen Rinkel Business: 303‐762‐2401 Tenure as F/AS Director Director FAS John Moore District: 2 Council Appointed Appointed: 02/01/10 Reappointed: 02/03/14 Reappointed: 2/1/18 Term Expires: 02/01/22 Mahendra Patel District: N/A Employee Elected Appointed: 02/01/04 Reappointed: 02/01/08 Reappointed: 02/01/12 Reappointed: 02/01/16 Term Expires: 02/01/20 James Phelps District: 4 Council Appointed Appointed: 02/03/14 Reappointed: 02/01/16 Term Expires: 02/01/20 Laurett Barrentine Tenure of Council Member Council Member Patrick Mincer District: Employee Elected Appointed: 12/21/17 Term Expires: 02/01/22 NON‐VOTING EX‐OFFICIO STAFF City Manager or Designee Kerry Bush Business: 303‐762‐2327 Tenure Recording Secretary Term: Four year terms Schedule: Meets 2 nd Tuesday of February, May, August & November at 4:00 p.m. Location to be announced Revised: June 21, 2019 Page 42 of 162 19 PARKS AND RECREATION COMMISSION CHAIR Mark Husbands District: 2 Appointed: 02/06/12 Reappointed: 02/01/16 Term Expires: 02/01/20 VICE CHAIR Kathy Christie District: Appointed: 02/01/17 Term Expires: 02/01/21 COMMISSIONER MEMBERS Karen Miller District: 3 Appointed: 02/06/12 Reappointed: 02/01/16 Term Expires: 02/01/20 James Woodward District: 3 Appointed: 2/3/14 Reappointed: 2/1/18 Term Expires: 2/1/22 Kate Truesdale District: Appointed: 02/1/18 Term Expires: 02/1/22 Christine Adams District: Appointed: 02/01/17 Term Expires: 02/01/2021 Amber Christopher Appointed: 2/1/18 Term Expires: 02/01/22 VOTING YOUTH MEMBERS Vacant PERMISSIVE NON‐VOTING LIAISON Othoniel Sierra Tenure as Council Member City CouncilMember PERMISSIVE NON‐VOTING LIAISON Caty Husbands Tenure of EPS EPS Liaison NON‐VOTING EX‐OFFICIO STAFF Dorothy Hargrove Business: 303‐762‐2553 Director of Parks, Recreation & Library Debby Severa Business: 303‐762‐2684 Recording Secretary Page 43 of 162 20 Term: Four year terms, Youth Member terms are one year Schedule: Meets 2 nd Thursday of each month at 5:30 p.m. at designated locations Revised: June 21, 2019 Page 44 of 162 21 PLANNING AND ZONING COMMISSION CHAIR Catherine Townley District: 3 Appointed: 04/16/12 Reappointed: 02/01/16 Term Expires: 02/01/20 VICE CHAIR Mike Freemire District: 1 Appointed: 02/03/14 Reappointed: 2/1/18 Term Expires: 02/01/2022 COMMISSIONERS Adam Willis District: Appointed: 02/01/19 Term Expires: 02/01/2023 Judy Browne Appointed: 2/1/18 Term Expires: 02/01/22 Daryl Kinton District: 4 Appointed: 07/05/11 Reappointed: 02/04/13 Reappointed: 02/01/17 Term Expires: 02/01/2021 David Pittinos District: 1 Appointed: 02/01/16 Term Expires: 02/01/2020 Carolyn Moershel District: 2 Appointed: 02/02/2019 Term Expires: 02/01/2023 Michelle Austin District: Appointed: 2/1/2017 Term Expires: 2/1/2021 VACANT Term Expires: 2/1/2020 NON‐VOTING ALTERNATE MEMBER Kate Fuller District: Appointed: 02/01/2019 NON‐VOTING EX‐OFFICIO STAFF Wade Burkholder Business: 303‐762‐2341 Planning Manager Nancy Fenton Business: 303‐762‐2347 Recording Secretary Page 45 of 162 22 Term: Four year terms Schedule: Meets every Tuesday after Council Meetings at 7:00 p.m. in Council Chambers or designated conference room. Revised: June 21, 2019 Page 46 of 162 23 POLICE AND FIRE SUPPLEMENTAL DISABILITY BOARD BOARD MEMBERS Kathy Rinkel Business: 303‐762‐2401 Tenure as F/AS Director Director of Finance & Admin. Services Robin Garrett District: N/A Employee Elected‐Police Officer Appointed: 07/01/13 Reappointed: 7/1/16 Term Expires: 6/30/19 Mark McCann District: N/A Employee Elected‐Police Officer Appointed: 07/01/07 Reappointed: 07/01/10 Reappointed: 07/01/13 Reappointed: 7/1/16 Term Expires: 6/30/19 VACANT Tenure on Police Officers Council Appointed POPB Pension Board VACANT Tenure on Firefighter Council Appointed FFPB Pension Board Linda Olson Tenure of Mayor Mayor NON‐VOTING EX‐OFFICIO STAFF Kerry Bush Business: 303‐762‐2327 Recording Secretary Term: Three year terms Schedule: Board meets as necessary; meeting location to be announced Revised: August 6, 2012 Page 47 of 162 24 POLICE OFFICERS PENSION BOARD CHAIR George Egri District: N/A Employee Elected Appointed: 01/01/01 Reappointed: 01/01/04 Reappointed: 01/01/07 Reappointed: 12/31/09 Reappointed: 12/31/12 Reappointed: 12/31/15 Reappointed: 1/01/2019 Term Expires: 12/31/2022 BOARD MEMBERS Gary Condreay District: N/A Employee Elected Appointed: 12/31/07 Reappointed: 12/31/10 Reappointed: 12/31/13 Term Expires: 12/31/16 Reappointed: 12/31/16 Term Expires: 12/31/19 Deborah Ward District: Council Appointed Appointed: 02/01/19 Term Expires: 02/01/20 Kathy Rinkel Tenure as F/AS Director Director FAS Linda Olson Tenure as Mayor Mayor Steven Knoll District: N/A Employee Elected Appointed: 12/31/14 Term Expires: 12/31/17 NON‐VOTING EX‐OFFICIO STAFF Kerry Bush Business: 303‐762‐2327 Recording Secretary Term: Three year terms Schedule: Meets 2 nd Thursday of February, May, August and November at 2:30 p.m. Location to be announced Revised: June 21, 2019 Page 48 of 162 25 PUBLIC LIBRARY BOARD CHAIR Guy Mason District: 1 Appointed: 07/06/15 Reappointed: 2/1/18 Term Expires: 02/01/22 VICE CHAIR Scott Gilbert District: Appointed: 07/05/16 Reappointed: 02/01/2019 Term Expires: 02/01/23 BOARD MEMBERS Amy Wilson District: Appointed: 02/01/18 Term Expires: 02/01/21 Vacancy (resignation by Steve Reiter) District: 4 Appointed: 02/01/16 Term Expires: 02/01/20 Marie Hotta District: Appointed: 02/02/19 Term Expires: 02/01/20 Jessica Hall District: 1 Appointed: 02/01/16 Term Expires: 02/01/20 Sara Harkness District: Appointed: 02/02/19 Term Expires: 02/01/23 Klaralee Charlton District: Appointed: 07/05/16 Term Expires: 02/01/20 Katherine Pivoda District: Appointed: 07/01/18 Term Expires: 02/01/2021 PERMISSIVE NON‐VOTING LIAISON Dave Cuesta Tenure of Council Member City Council PERMISSIVE NON‐VOTING LIAISON Jen Hubbard Tenure of EPS EPS Liaison Page 49 of 162 26 PUBLIC LIBRARY BOARD (continued) PERMISSIVE NON‐VOTING YOUTH MEMBER VACANT NON‐VOTING EX‐OFFICIO STAFF Dorothy Hargrove Business: 303‐762‐2553 Director of Parks, Recreation & Library Debby Severa Business: 303‐762‐2684 Recording Secretary Term: Four year terms ‐ except Youth Members Schedule: Meets 2 nd Tuesday of each month at 7:00 p.m. in Library Board/Friends Room Revised: June 21, 2019 Page 50 of 162 27 TRANSPORTATION ADVISORY COMMITTEE CHAIR Chris Diedrich District: 1 Appointed: 02/02/15 Reappointed: 02/02/19 Term expires: 02/01/2023 VICE CHAIR Neil Sarno District: Appointed: 2/1/18 Term Expires: 02/01/22 COMMITTEE MEMBERS Greg Knaddison Appointed: 2/1/18 Term Expires: 2/1/22 Mark Monroe Appointed: 2/1/18 Term Expires: 2/1/22 Patrick Lewis District: Appointed: 07/01/18 Reappointed: 02/02/19 Term Expires: 02/02/2023 PERMISSIVE NON‐VOTING LIAISON Amy Martinez Tenure as Council Member City Council NON‐VOTING ALTERNATE MEMBER VACANT No expiration NON‐VOTING EX‐OFFICIO STAFF Maria D’Andrea Business: 303‐762‐2500 Public Works Director Business: 303‐762‐2511 Traffic Engineer Julie Bailey Business: 303‐762‐2513 Recording Secretary Term: Four year terms Schedule: Meets quarterly starting in March, May, September, and November on the 2nd Thursday of the month at 6:30 p.m. in the City Council Conference Room Revised: June 21, 2019 Page 51 of 162 28 URBAN RENEWAL AUTHORITY CHAIR Bernie Costello District: 2 Appointed: 02/06/12 Reappointed: 02/01/17 Term Expires: 02/01/22 VICE CHAIR Linda Cohn District: 2 Appointed: 02/04/13 Reappointed: 2/1/18 Term: 02/01/23 AUTHORITY MEMBERS Gary Bowman District: 4 Appointed: 02/02/15 Term Expires: 02/01/20 William Slade District: Appointed: 02/01/17 Term Expires: 02/01/22 Zion Spurgeon District: Appointed: 02/01/18 Term Expires: 02/01/21 Justin Wipf District: 1 Appointed: 02/02/19 Term Expires: 02/01/21 APPOINTED OFFICIAL OF THE CITY OF ENGLEWOOD Laurett Barrentine Tenure of Council Member NON‐VOTING EX‐OFFICIO STAFF Brad Power Business: 303‐762‐2347 Executive Director Nancy Fenton Business: 303‐762‐2347 Recording Secretary Term: Five year terms Schedule: Meets 2 nd Wednesday of month at 6:30 p.m. in Community Development Conf. Room Revised: June 21, 2019 Page 52 of 162 29 WATER AND SEWER BOARD CHAIR Clyde Wiggins District: 4 Appointed: 02/06/06 Reappointed: 02/06/12 Reappointed: 2/1/18 Term Expires: 02/01/24 VICE CHAIR Chuck Habenicht District: 4 Appointed: 02/07/00 Reappointed: 02/04/02 Reappointed: 04/04/08 Reappointed: 02/03/14 Term Expires: 02/01/20 BOARD MEMBERS Caitlin Mercier District: Appointed: 07/03/2017 Term Expires: 02/01/2022 Don Roth District: 1 Appointed: 08/15/16 Reappointed: 2/1/18 Term Expires: 02/01/24 Timothy Johnson District: 4 Appointed: 02/01/17 Term Expires: 02/01/23 John Moore District: 2 Appointed: 08/06/15 Reappointed: 02/01/19 Term Expires: 02/01/2025 Laurett Barrentine Tenure of Council Member Required City Council Member Cheryl Wink Tenure of Council Member Required City Council Member Linda Olson Tenure of Mayor Required Mayor VOTING ALTERNATE MEMBER Andrew Mullen Appointed: 07/03/2017 NON‐VOTING EX‐OFFICIO STAFF Tom Brennan Business: 303‐762‐2636 Utilities Director Chris Leoni Business: 303‐762‐2513 Staff Liaison Term: Six year terms Page 53 of 162 30 Schedule: Meets 2 nd Tuesday of each month at 5:00 p.m. in Community Development Conf. Room Revised: June 21, 2019 OTHER COUNCIL COMMITTEES Page 54 of 162 31 COLORADO MUNICIPAL LEAGUE POLICY COMMITTEE CITY COUNCIL REPRESENTATIVES Cheryl Leontyke Wink Residence: 720‐409‐0876 District: At Large 2980 South Elati Street Term as Council Member Englewood, CO 80110 DENVER REGIONAL COUNCIL OF GOVERMENTS CITY COUNCIL REPRESENTATIVES Linda Olson, Delegate Residence: 720‐373‐5639 District: II Term as Council Member Cheryl Leontyke Wink Residence: 720‐409‐0876 District: At Large 2980 South Elati Street Englewood, CO 80110 ENGLEWOOD GREATER CHAMBER OF COMMERCE CITY COUNCIL REPRESENTATIVE Linda Olson, Delegate Residence: 303‐789‐4799 District: II 3175 South York Street Term as Council Member 80113 Delegate Rita Russell, Alternate Residence: 303‐639‐6181 District: At‐large 2216 E. Dartmouth Ciricle Term as Council Member 80113 SCHOOL‐CITY JOINT COMMITTEE CITY COUNCIL REPRESENTATIVES Laurett Barrentine Residence: 303‐246‐4780 District: Term as Council Member Amy Martinez Residence: 720‐238‐3959 District: Term as Council Member Page 55 of 162 32 OTHER COUNCIL COMMITTEES (continued) SOUTH PLATTE HUMANE SOCIETY CITY COUNCIL REPRESENTATIVE Residence: 303‐246‐4780 District: IV Tenure as Council Member SWEDISH TASK FORCE CITY COUNCIL REPRESENTATIVES Linda Olson Residence: 303‐789‐4799 District: II 3175 South York Street Tenure as Council Member 80113 Laurett Barrentine Residence: 303‐806‐8097 District: III 4160 S. Pearl St. Tenure as Council Member 80113 TRI‐CITIES PLANNING COMMITTEE CITY COUNCIL REPRESENTATIVES Linda Olson Residence: 303‐789‐4799 District: II 3175 South York Street Tenure as Council Member 80113 Laurett Barrentine Residence: 303‐806‐8097 District: III 4160 S. Pearl St. Tenure as Council Member 80113 Page 56 of 162 33 CITY OF ENGLEWOOD DEPARTMENTS JUDICIARY MUNICIPAL COURT JUDGE JOE JEFFERSON Business: 303‐762‐2586 Civic Center Elected: 11/07/2017 Term Expires: 01/01/22 COURT ADMINISTRATOR TAMARA WOLFE Business: 303‐762‐2587 Civic Center Court Appointee CITY ATTORNEYS CITY ATTORNEY ALISON MCKENNEY BROWN Business: 303‐762‐2320 Civic Center Council Appointee DEPUTY CITY ATTORNEY DUGAN COMER Business: 303‐762‐2320 Civic Center Attorney Appointee CITY ADMINISTRATION CITY MANAGER Business: Civic Center Council Appointee ASSISTANT CITY MANAGER Business: Civic Center Manager Appointee PUBLIC WORKS Maria D’Andrea, Director Business: 303‐762‐2503 Civic Center Manager Appointee COMMUNITY DEVELOPMENT Brad Power Business: 303‐762‐2346 Civic Center Manager Appointee FINANCE & ADMINISTRATIVE SERVICES Business: 303‐762‐2401 Civic Center Manager Appointee Human Resources Maria Gonzalez Business: 303‐762‐2378 Civic Center Manager Appointee PARKS, RECREATION AND LIBRARY SERVICES Dorothy Hargrove, Director Business: 303‐762‐2553 Recreation Center Manager Appointee POLICE DEPARTMENT John Collins, Chief Business: 303‐762‐2466 Police/Fire Center Manager Appointee Page 57 of 162 34 UTILITIES Tom Brennan, Director Business: 303‐762‐2654 Civic Center Manager Appointee South Platte Water Renewal Partners ( WASTEWATER TREATMENT PLANT) Pieter Van Ry Business: 303‐762‐2602 SPWRP Manager Appointee LEGISLATORS AND OTHER ELECTED OFFICIALS ARAPAHOE COUNTY COMMISSIONERS Nancy A. Doty (District 1/Englewood Representative) 5334 South Prince Street Rod Bockenfeld Littleton, Colorado 80166 Nancy Jackson 303‐795‐4630 Nancy N. Sharpe Bill Holen COLORADO SENATOR The Honorable Linda Newell, District 26 Local Office: Senate Chambers, Colorado State Capitol P.O. Box 333 200 East Colfax, Denver, CO 80203 Littleton, CO 80160 303‐866‐4846 303‐956‐1888 303‐866‐4543 – Fax linda.newell.senate@gmail.com — e‐mail COLORADO REPRESENTATIVES The Honorable Daniel Kagan, District 3 House of Representatives, Colorado State Capitol 200 East Colfax, Denver, CO 80203 Room 300 720‐519‐1319 repkagan@gmail.com — e‐mail COLORADO REPRESENTATIVES The Honorable Kathleen Conti, District 38 House of Representatives, Colorado State Capitol 200 East Colfax, Denver, CO 80203 303‐866‐2953 kathleen.conti.house@state.co.us — e‐mail UNITED STATES SENATORS The Honorable Cory Gardner Local Office: Senate Dirksen Office Building, SD‐B40B 999 ‐ 18 th St., N. Tower #1525 Washington, D.C. 20510 Denver, CO 80202 202‐224‐5941 303‐391‐5777 202‐224‐6524 ‐ Fax UNITED STATES SENATORS (continued) The Honorable Michael Bennet Local Office: 458 Russell Senate Office Building 1127 Sherman St., Suite 150 Washington, D.C. 20510 Denver, CO 80203 202‐224‐5852 303‐455‐7600 Page 58 of 162 35 UNITED STATES REPRESENTATIVE The Honorable Diana DeGette, District 1 Local Office: 2335 Rayburn House Office Building 600 Grant Street, Suite 202 Washington, D.C. 20515 Denver, CO 80203 202‐225‐4431 303‐844‐4988 202‐225‐5657 ‐ Fax 303‐844‐4996 – Fax degette@mail.house.gov REGIONAL TRANSPORTATION DISTRICT BOARD MEMBERS Jeff Walker, District D 1600 Blake Street Jeff.walker@rtd‐denver.com Denver, CO 80202 303‐299‐2306 CITY FACILITIES Civic Center, Main Switch Board, Central Cash 303‐762‐2300 1000 Englewood Parkway, Englewood, Colorado 80110 Englewood Public Library, 1000 Englewood Parkway, 80110 303‐762‐2560 Parks & Recreation Golf Course, 2101 West Oxford Avenue, 80110 303‐762‐2670 Malley Senior Recreation Center, 3380 So. Lincoln St., 80113 303‐762‐2660 Recreation Center, 1155 West Oxford Avenue, 80110 303‐762‐2680 Police & Fire Police/Fire Center, 3615 South Elati Street, 80110 303‐762‐2438 ServiCenter, 2800 South Platte River Drive, 80110 303‐762‐2520 Wastewater Treatment Plant, 2900 South Platte River Drive, 80110 303‐762‐2600 Page 59 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power DEPARTMENT: Community Development DATE: June 24, 2019 SUBJECT: CB 17 - Participation in the Metro Mortgage Assistance Plus Program DESCRIPTION: CB 17 - Participation in the Metro Mortgage Assistance Plus Program RECOMMENDATION: Staff recommends City Council approve, by Ordinance, authorizing and approving the City's continued participation in the Metro Mortgage Assistance Plus Program and authorizing the execution of the Delegation and Participation Agreement. PREVIOUS COUNCIL ACTION: On May 6, 2013, City Council approved Ordinance 13, Series 2013 authorizing an Intergovernmental Agreement between the City of Englewood and City and County of Denver for participation in the Metro Mortgage Assistance Plus Program. SUMMARY: The City and County of Denver, in cooperation with the Metro Mayors Caucus, has instituted a program to provide down payment and closing cost assistance (DPA) paired with competitive, fixed-rate, 30-year VA & FHA loans. The Metro Mortgage Assistance Plus (MMA+) program was created in 2013 as a replacement to a housing revenue bond program. The program change became necessary because housing bonds fell out of favor with investors following the housing and mortgage market crash beginning in 2008. The City and County of Denver worked to restart the mortgage program along with a third-party administrator, by providing borrowers with a 4% down payment assistance (DPA) grant along with a first mortgage at slightly higher interest rates. The MMA+ Program continues to be managed by Denver and made available to the Metro Mayor Caucus; Englewood has participated in the program since 2013. We are once again facing changing market conditions which is resulting in diminished use of the program. A review of the existing terms highlighted that rapid refinancing of MMA+ grants caused high loan pre-payment speeds which diminishes the premium loan servicers are willing to pay, thereby increasing mortgage rates to cover the DPA. The MMA+ loan interest rates became costlier, and therefore unattractive to the very borrowers the program was designed to help. Together with the fact that the metro area is facing serious affordable housing challenges, Denver has studied the changing DPA market and committed to adjusting the MMA+ program to better serve our borrowers. Page 60 of 162 As a result, Denver issued a Request for Proposals to solicit experienced firms with new ideas to refresh the program to better meet the borrower’s needs. George K. Baum, an investment banking firm with a strong local presence, was selected due to their demonstrated experience in cities and states across the country, and their innovative ideas to enhance the program. The main changes to the program are: • Instead of 4% grants, we are now offering 3%, 4%, and 5% DPA in the form of no- interest second mortgages, forgivable after 36 months. • Greater and broader lender outreach to boost program visibility • Inclusion of credit unions and small regional banks into the lender pool • Opportunity for jurisdictions to add their own money for additional subsidy for borrower’s in their jurisdictions. The MMA+ is a $50 Million program available to all members of the Metro Mayors Caucus (MMC) upon the execution of an Intergovernmental Agreement with the City & County of Denver. There is no cost to the participating Metro Mayors Caucus member jurisdictions. To participate, the jurisdiction must execute a two-page "Delegation and Participation Agreement" with Denver, to continue allowing MMA+ mortgage loans with down payment assistance to be made in that jurisdiction. Upon receipt of an executed Participation Agreement the jurisdiction will be added to the eligible loan area for the duration of the program. Loans are made by participating mortgage lenders to homebuyers in participating jurisdictions under the following guidelines: Eligible Borrowers • There is no first-time homebuyer requirement in this program. • With regard to citizenship requirements, follow applicable Agency (FHA, VA, USDA) guidelines. • Buyers must occupy the property within 60 days of closing. • Applicants must be considered irrespective of age, race, color, religion, national origin. Buyers must have a minimum FICO credit score of 640, the mid score must be the minimum or above. If an Agency (FHA, etc.) has a higher minimum, follow Agency guidelines. Underwriters must follow the manual underwriting guidelines for the loan product. Maximum Debt-to-Income (DTI) Ratio The maximum DTI ratio is 45%, if an Agency has a higher ratio, follow Agency guidelines. Homebuyer Education Homebuyer education is required for borrowers. Education may be HUD approved courses, CHFA (including CHFA’s online Neighborworks curriculum eHomeAmerica course), Freddie Mac Credit Smart, and ReadyNest. Income Limits The limit is $134,850 for all household sizes. Page 61 of 162 Eligible Area Mortgage loans under the program may be made to qualifying borrowers throughout the City and County of Denver and in other participating MMC jurisdictions. Lenders will be notified as other cities choose to participate. As of March 18, 2019 the following jurisdictions have re- signed Participation and Delegation Agreements: • Arvada • Bennet • Dacono • Erie • Federal Heights • Golden • Lone Tree • Northglenn • Sheridan • Superior • Westminster • Wheat Ridge Denver is actively engaged in conversations with other area jurisdictions to join/rejoin the MMA+ Program. Purchase Price Limits There are no purchase price limits in this program. Property Requirements • New or existing, one-four units, detached or attached, condos, townhomes, manufactured homes that meet servicer/insurer/guarantor requirements. • Mobile, recreational, seasonal or other types of vacation or non-permanent homes are not permitted. • Land may not exceed the size required to maintain basic livability. • Properties purchased in the program must be residential units. Financing It is expected that lenders have reviewed preliminary documentation and that applicants will qualify for credit. Excessive cancellations will be reviewed to assure that program funds are not being utilized inappropriately. Appraisal The appraisal must indicate that the home has a minimum of a 30 year remaining useful life. Cash Back Cash back to the borrower is not permitted. However, borrowers are permitted a reimbursement of prepaids and overage of earnest money deposit as permitted by agency guidelines and to the extent any minimum contribution, if any, has been satisfied. Construction to Permanent Not permitted. Page 62 of 162 Co-signers Co-signers are allowed to the extent permitted by agency guidelines. A cosigner cannot reside in the property and cannot have any ownership interest in the property. Minimum Loan Amount There is no minimum loan amount Prepayments The first mortgage may be prepaid at any time without penalty. If the first mortgage loan is repaid within the first 36 months, a pro-rated amount of the second mortgage balance must be repaid. Recapture Tax There is no recapture tax in this program. Refinances Refinances are not permitted in this program. However, temporary, bridge or construction loans with a term or 2 years or less may be taken out with a program loan. FINANCIAL IMPLICATIONS: There is no financial impact to the City. ATTACHMENTS: Council Bill #17 Delegation and Participation Agreement PowerPoint Presentation - Downpayment Assistance Program Page 63 of 162 ORDINANCE NO.______ COUNCIL BILL NO. 17 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE AUTHORIZING AND APPROVING CITY OF ENGLEWOOD’S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF THE DELEGATION AND PARTICIPATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, the State of Colorado (the “State”) Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State’s political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; WHEREAS, the City and County of Denver, Colorado (“Denver”) is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof; WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); WHEREAS, Denver has invited the City of Englewood (“Englewood”) to participate in the Program; WHEREAS, Englewood has the full legal authority to participate in the Program pursuant to the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; and Title 31, Article 15, Section 101 et seq., Colorado Revised Statutes, as amended (collectively, the “Act”); and WHEREAS, Englewood desires to delegate to Denver the authority of Englewood to take action and exercise power under the Act on behalf of Englewood with respect to the Program within Englewood’s boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGELWOOD, COLORADO AS FOLLOWS: Section 1. In order to benefit the residents of Englewood, the City Council of the City of Englewood authorizes and approves its participation in the Program in connection with the financing of mortgage loans for low–and moderate–income families or persons intended for use as the sole place of residence by the owners or intended occupants thereof, and the City delegates to Denver the authority of the City to take action and exercise power under the Act on behalf of the City with respect to the Program. Section 2. The Mayor is hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver the Delegation and Participation Agreement attached hereto as Appendix A and such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the City’s participation in the Program. Page 64 of 162 Section 3. Nothing contained in this Ordinance or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 4. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 10th day of June, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 13th day of June, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 12th day of June, 2019 for thirty (30) days. Read by Title and passed on final reading on the 24th day of June, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 27th day of June, 2019. Published by title on the City’s official website beginning on the 26th day of June, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 65 of 162 4843-6508-2490.2 DELEGATION AND PARTICIPATION AGREEMENT This DELEGATION AND PARTICIPATION AGREEMENT, dated as of _________ __, 2019 (this “Delegation and Participation Agreement”), is by and between the CITY OF ENGLEWOOD, COLORADO (“Englewood”), a city and political subdivision duly organized and existing under the laws and Constitution of the State of Colorado, and the CITY AND COUNTY OF DENVER, COLORADO, a legally and regularly created, established, organized and existing home rule charter city and political subdivision under the Constitution and statutes of the State of Colorado (“Denver”); R E C I T A L S: WHEREAS, the State of Colorado (the “State”) Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State’s political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; and WHEREAS, Denver is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants and to promote the public health, welfare, safety, convenience and prosperity of the people of Denver; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); and WHEREAS, Denver has invited Englewood to participate in the Program; and WHEREAS, Englewood has the full legal authority to participate in the Program pursuant to [the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; Title 31, Article 15, Section 101 et seq., Colorado Revised Statutes, as amended; and the Ordinance adopted by the Englewood City Council authorizing Englewood’s participation in the Program pursuant to this Delegation and Participation Agreement (collectively the “Act”); and WHEREAS, Englewood desires to delegate to Denver the authority of Englewood to take action and exercise power under the Act on behalf of Englewood with respect to the Program within Englewood’s incorporated boundaries; NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, Englewood and Denver hereby agree as follows: Section 1. Englewood hereby delegates to Denver the authority of Englewood to take action and exercise power under the Act on behalf of Englewood with respect to the Program within Englewood’s boundaries. Page 66 of 162 4843-6508-2490.2 Section 2. Denver hereby accepts the delegation of authority from Englewood pursuant to Section 1 hereof and agrees to abide by each of the terms and conditions of this Delegation and Participation Agreement in connection with the use of such delegation. Denver agrees to make the Program available to Englewood for the origination of home mortgages within Englewood’s unincorporated boundaries. Section 3. In the event that the Program is discontinued by Denver, this Delegation and Participation Agreement, and all duties, obligations and rights of Denver and Englewood hereunder, shall terminate. If the Program is terminated, Englewood agrees to hold Denver harmless for any costs or any other liabilities incurred by Englewood with respect to the adoption and approval of this Delegation and Participation Agreement or any other Englewood actions related thereto. Section 4. Englewood’s participation in the Program pursuant to this Delegation and Participation Agreement shall not be construed as creating or constituting a general obligation or multiple fiscal year direct or indirect indebtedness or other financial obligation whatsoever of Englewood nor a mandatory payment obligation of Englewood in any fiscal year during which this Delegation and Participation Agreement shall be in effect. [Signatures on the following pages] Page 67 of 162 4843-6508-2490.2 IN WITNESS WHEREOF, Englewood and Denver have caused this Delegation and Participation Agreement to be executed and be effective as of __________ __, 2019. CITY OF ENGLEWOOD, COLORADO [SEAL] By _____________________________ Linda Olson, Mayor _________________________ Attest: By Stephanie Carlile, City Clerk ______________ CITY AND COUNTY OF DENVER, COLORADO By Chief Financial Officer [Signature Page to Delegation and Participation Agreement] Page 68 of 162 Down Payment Assistance ProgramDepartment of FinanceCapital Planning and Programming DivisionPage 69 of 162 Approve and execute the Delegation and Participation Agreement for the Metro Mortgage Assistance Plus (MMA+) Program.•No cost to Englewood•Denver pays set-up and on going operational costs for program•Agreement terminates when Program is discontinuedEnglewood’s Requested ActionPage 70 of 162 Existing MMA+ Program Review•Program started spring 2013•28 metro area cities and counties participate in program•4% down payment assistance (“DPA”) grant available to people seeking to purchase a home. •Buyers must meet standard loan qualifications (max. debt to income ratio, min FICO scores,) and participate in a homebuyer education course•Maximum qualifying income $125,860 •~80 partner originating lenders•Through end of Nov. 2018:•1,450 Households helped•~$320 Million in mortgages originated•~$12.8 Million in down payment assistance providedPage 71 of 162 Program Update•City issued an RFQ to identify qualified program partners to refresh the down payment assistance program. •The City sought responses exhibiting:•Innovations•Efficiencies•Enhancements•Strong borrower focus•George K. Baum was selected based on:•Focus on providing lowest mortgage rate to borrower•Desire and plan to expand existing program•Knowledge of local marketPage 72 of 162 Program UpdateUsing a two phased approach to update the DPA program•Phase 1- Implement Changes & Efficiencies•Change DPA from grant to a 0% interest forgivable 2nd mortgage•Provision of a cash subsidy by Freddie Mac, $1,500 for borrowers up to 80% AMI, $2,500 for borrowers up to 50% AMI•Update program documentation including agreements between partners•Phase 2- Additional Program Changes•Increase lender base (regional banks and credit unions)•Evaluate potential for additional subsidy support from City for Denver loans and from other partners in their jurisdictions.Page 73 of 162 Updated Program Details•3%, 4%, & 5% down payment assistance provided•0% interest 2ndmortgage loan is forgivable after 3 years•2ndloan is repaid on pro rata basis if home is sold or refinanced•Home purchases only and no refinances•No maximum purchase priceHome Buyer Requirements:•No first‐time homebuyer requirement•Maximumqualifying income of $134,850 (150% of Denver AMI)•Minimum 640 FICO credit score•Homebuyer education required from HUD approved agencies Page 74 of 162 Numerical Example of Using DPAComparison of 1stYear Housing Costs Utilizing the City’s DPA Program:•$300,000 Purchase Price•3.5% Down Payment Requirement•30 Year MortgageApplicable % $ Amount Equivalent Applicable % $ Amount EquivalentDown Payment 3.5% $10,500 3.5% $10,500Estimated Closing Costs 1% $2,895 1% $2,895MMA+ Down Payment Assistance 4%($11,580)0% $01st Year of Mortgage Payments (Principal and Interest)@ 6.125% Interest Rate $21,108@ 5.125% Interest Rate $18,915Total 1st Year of Housing Costs*All else equal1st Year of Housing Cost Savings fromUtilizing the MMA+ DPA Program:Using City DPA Program Not Using City DPA ProgramHousing Cost Comparison after 1st Year*Housing Cost Type$22,923 $32,310$9,387Page 75 of 162 Program PartnersSponsor- City and County of DenverPurchaser– George K. Baum and CompanyBond Counsel– Kutak Rock, LLPFinancial Advisor– CSG AdvisorsProgram Administrator– eHousingServicer & Custodial Agent–USBankLocal LendersMayor’s Caucus Municipalities Page 76 of 162 APPENDIXPage 77 of 162 Program FlowTUTORIAL:1. Program rates set daily based on prevailing pricing in the market. Rates & guidelines posted on eHousingplus website. 2. Loan origination through participating lenders. Borrowers use approved lenders.3. GKB hedges against a change in interest rates using the secondary market4. Master Servicer (USBank) purchases loans5. Master Servicer pools loans & creates MBS6. GKB purchases MBS at agreed upon price, CSG monitors the program7. GKB sells MBS in cash market8. Must generate sufficient proceeds to pay costs Program rates set daily based on prevailing market pricingLoan origination through participating lendersGKB hedges against a change in interest rates using the secondary marketUSBank purchases individual loansUSBank pools loans& creates MBSGKB purchases MBS at agreed upon priceGKB sells MBS in cash market Must generate sufficient proceeds to pay costs Page 78 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Wenig DEPARTMENT: Police DATE: June 24, 2019 SUBJECT: CB 24 - VALE Grant Acceptance DESCRIPTION: CB 24 - VALE Grant Acceptance RECOMMENDATION: The Police Department is recommending City Council approve, by Ordinance, to accept of the Victim Assistance in Law Enforcement (VALE) Grant in the amount of $18,000.00. This Grant funding will supplement the salary of the Victim/Witness Advocate in the Englewood Municipal Court. PREVIOUS COUNCIL ACTION: The Police Department has sought funding from the VALE Grant since 1990. Council has approved the Grant each year to supplement salary. Council approved the application for this year in the amount of $20,000.00. Due to less available funds in the Grant, the Police Department was awarded $18,000.00. FINANCIAL IMPLICATIONS: If the Grant is not approved, the City would be responsible for the $18,000.00 to cover the salary. ATTACHMENTS: Council Bill #24 Page 79 of 162 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 24 SERIES 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; WHEREAS, the Englewood City Council authorized the 2015 VALE Grant application and acceptance by the passage of Ordinance No. 6, Series of 2015; WHEREAS, the Englewood City Council authorized the 2016 VALE Grant application and acceptance by the passage of Ordinance No. 9, Series of 2016; WHEREAS, the Englewood City Council authorized the 2017 VALE Grant application and acceptance by the passage of Ordinance No. 5, Series of 2017; WHEREAS, the Englewood City Council authorized the 2018 VALE Grant application and acceptance by the passage of Ordinance No. 2, Series of 2018; WHEREAS, approval of an Ordinance authorizing the application for the acceptance of a 2019 VALE grant in the amount of $18,000.00, for the period of July 1st, 2019 to June 30th, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The Mayor is hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Introduced, read in full, and passed on first reading on the 10th day of June, 2019. Published as a Bill for an Ordinance on the City’s official newspaper beginning on the 13th day of June, 2019. Page 80 of 162 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 12th day of June, 2019. Read by Title and passed on final reading on the 24th day of June, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 27th day of June, 2019. Published by title on the City’s official website beginning on the 26th day of June, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 81 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: June 24, 2019 SUBJECT: CB 28 - 2009 Series Bond Refunding Bill for Ordinance - 2nd Reading DESCRIPTION: CB 28 - 2009 Series Bond Refunding Bill for Ordinance - 2nd Reading RECOMMENDATION: Staff seeks City Council's approve, by Ordinance, to refund General Obligation Water Bonds - Series 2009 with an estimated accumulated net savings of approximately $240,000. Savings may vary based on the set rate which will be established no earlier than June 24, 2019 after the 2nd Reading. The City will experience annual savings through reduced interest payments over the remaining life of the bonds. The current interest rate quoted is below the rate quoted during the Study Session on May 20, 2019. PREVIOUS COUNCIL ACTION: Staff presented the cost savings advantage to refund the Water Bonds, Series 2009 on May 20, 2019. Council opined to bring forth the attached Ordinance for approval to move forward with the refunding of the Water Bonds, Series 2009. SUMMARY: The City issued Series 2009 General Obligation (GO) Bonds in June, 2009 for the purpose of financing various capital repairs and improvements to the water system. The Series 2009 Bonds mature on January 1, 2029 but can be refunded at any date on a tax-exempt basis at par, plus any accrued interest, after the January 1, 2019 call date. Wells Fargo provided the City with a recommendation to refinance in Q1 2019. Informally, Stifel reached out to other banks to compare interest rates provided to the City in March and confirmed the rates Wells Fargo quoted were lower than other indicative rates received during the inquiry. Wells Fargo updated the refunding analysis (See City of Englewood - Series 2009 Refunding Term Sheet 5.31.19_redacted). The analysis was reviewed by the City's Finance Director, Bond Counsel (Kutak Rock), and Financial Adviser (Stifel). Key parameters of the Note to be used to re-finance the City's GO Bonds are as follows: Issuer: City of Englewood, Colorado (the “City” or the “Issuer”) Purchaser: Wells Fargo Municipal Capital Strategies, LLC, a wholly owned subsidiary of Wells Fargo Bank, N.A, Wells Fargo Bank, N.A., or any other wholly owned subsidiary of Wells Fargo Bank, N.A. (“Wells Fargo” or the “Bank”) Page 82 of 162 Par Amount: Up to $2,700,000 in principal Structure: The Bank will purchase general obligation refunding notes issued by the City (the “Note”) that bear interest at a fixed rate (the “Fixed Rate”) Purpose: The Note will be used to re-finance the City’s General Obligation Water Bonds, Series 2009 Term: The Note will have a final maturity date of January 1, 2029 (the “Maturity Date”) Interest Rate: The Note will bear interest at a fixed rate of 2.53% (the "Fixed Rate"). Please be aware that this is an indicative rate only, as of May 23,2019 market close. The actual Fixed Rate shall be determined on the Rate Set Date. Rate Set Date: It is anticipated the Fixed Rate will be set on June 24, 2019 and will assume a Closing Date of August 1, 2019. ANALYSIS: Gross savings are estimated to be approximately $242,500. Bank and legal fees to execute the transaction are estimated not to exceed $45,000. The City will experience annual savings through reduced interest payments over the remaining life of the bonds. The closing date was set based upon the required 30 day referendum period after the 2nd Reading of the Ordinance. FINANCIAL IMPLICATIONS: Provided in Analysis Section ALTERNATIVES: The City could choose not to refinance the GO Water Bonds, Series 2009 and forgo estimated savings. CONCLUSION: Staff recommends City Council approve the attached Ordinance to refund the GO Water Bonds, Series 2009 and recognize associated savings. ATTACHMENTS: Council Bill #28 City of Englewood - Series 2009 Refunding Term Sheet 5/31/19 redacted COE 2009 Series Water Bond Refinancing Savings Summary 6_4_2019 Englewood City GO Ref Note Series 2019 Timeline 053019 Page 83 of 162 4848-5166-3256.3 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 28 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING THE ISSUANCE BY CITY OF ENGLEWOOD OF A GENERAL OBLIGATION REFUNDING NOTE TO EVIDENCE A LOAN INCURRED FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY BONDS AT A LOWER INTEREST RATE; AND PROVIDING FOR THE PAYMENT AND CANCELLATION OF THE REFUNDED BONDS, FOR THE LEVY OF PROPERTY TAXES TO PAY THE NOTE AND OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set forth in Section 1 of this Ordinance); and WHEREAS, pursuant to Section 106 of the Charter, the City may issue refunding bonds by ordinance, without an election, for the purpose of paying outstanding bonds of the City; and WHEREAS, pursuant to Article X, Section 20 of the State Constitution (TABOR) refinancing bonded debt at lower interest rates does not require voter approval in advance under the terms and provisions of TABOR; and WHEREAS, the City previously issued its “City of Englewood, Colorado, General Obligation Water Bonds, Series 2009” of which $2,615,000 in aggregate principal amount are currently outstanding and bear interest at rates between 4.150% and 4.625% per annum (the “Series 2009 Bonds”); and WHEREAS, the Series 2009 Bonds are subject to redemption prior to maturity, at the option of the City, upon thirty days prior notice to bondholders and the payment of par and accrued interest to the redemption date (without redemption premium); and WHEREAS, the principal of and interest on the Series 2009 Bonds are payable at UMB Bank, n.a., in Denver, Colorado, or its successor, as paying agent; and WHEREAS, following the receipt of a refunding proposal from Wells Fargo Bank, National Association and consultation with Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado, the City’s municipal advisor, regarding the formulated Loan interest rate to be fixed shortly before the Dated Date, as well as the anticipated gross savings to be realized by the City as a result of the refunding, the City Council has determined that the acceptance of such proposal is in the best advantage of the City; and Page 84 of 162 2 4848-5166-3256.3 WHEREAS, the proceeds derived from the Loan will be irrevocably deposited with the Series 2009 Paying Agent and immediately applied to the payment and cancellation of the Series 2009 Bonds; and WHEREAS, to evidence the Loan the City Council desires to authorize the issuance and delivery of the Note and delegate authority to the Loan Delegate to make certain determinations regarding the Note to be set forth in the Loan Certificate in accordance with the provisions of this Ordinance; and WHEREAS, no member of the City Council has a potential conflict of interest in connection with the authorization, issuance, delivery or use of proceeds of the Note; and WHEREAS, this Ordinance is being adopted to authorize the issuance and delivery of the Note, and to provide for the details and payment of such obligation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Definitions. The following terms shall have the following meanings as used in this Ordinance: “Authorized Denomination” means the outstanding principal amount of the Note. “Bond Counsel” means (a) as of the date of issuance of the Note, Kutak Rock LLP; and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. “Business Day” means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. “Charter” means the home rule Charter of the City. “City” means the City of Englewood, Colorado “City Council” means the City Council of the City. “Code” means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Note or the use of proceeds thereof, unless the context clearly requires otherwise. “County” means Arapahoe County, Colorado. “C.R.S.” means the Colorado Revised Statutes, as amended. “Dated Date” means the date of issuance and delivery of the Note. “Default Rate” means the fixed rate of interest per annum equal to 12.00%. Page 85 of 162 3 4848-5166-3256.3 “Determination of Taxability” means any determination, decision or decree made by the Commissioner or any District Director of the Internal Revenue Service of the Department of Treasury, or by any court of competent jurisdiction, that the interest payable on the Note is includable, in whole, or in part, in the gross income for federal income tax purposes of the Holder by virtue of (i) the taking of any action by the City, or the failure to take any action by the City, or the making by the City of any misrepresentation herein or in any certificate required to be given in connection with the Note) which has the effect of causing interest paid or payable on the Note to become includable, in whole or in part, in the gross income of the Holder for federal income tax purposes or (ii) the entry of any decree or judgment by a court of competent jurisdiction, or the taking of any official action by the Internal Revenue Service of the Department of the Treasury (which decree, judgment or action arose as a result of, or is based on, in whole or in part, the City’s action, inaction or misrepresentation described under (i)) shall be final under applicable procedural law, in either case, which has the effect of causing interest paid or payable on the Note to become includable, in whole or in part, in the gross income of the Holder pursuant to Section 103(b) of the Internal Revenue Code, and the rules and regulation promulgated thereunder if and so long as such determination, decision or decree is not being appealed or otherwise contested in good faith by the City. “EMMA” means the Municipal Securities Rulemaking Board’s Electronic Municipal Access System or any service or services established by the Municipal Securities Rulemaking Board (or any of its successors) as a successor to the Electronic Municipal Access System. “Enabling Laws” means the Charter, the Supplemental Public Securities Act and other applicable law relating to the authorization and issuance of the Note. “Event of Default” means any of the events specified in the Section hereof entitled “Events of Default.” “Federal Securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct, non-callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to the extent such investments are Permitted Investments. “Holder” means the Lender as of the Dated Date, and thereafter, following a transfer and exchange of the Note, the Person in whose name the Note is registered on the registration books maintained by the Note Registrar pursuant to the terms of this Ordinance. “Interest Payment Dates” means each January 1 and July 1 commencing January 1, 2020 and continuing until the principal of the Note is paid in full on the Maturity Date. “Interest Rate” means (i) the Tax-Exempt Rate, which is interest rate on the Note on the Dated Date; (ii) the Default Rate, which is the interest rate on the Note upon an Event of Default until such Event of Default is cured to the satisfaction of the Holder; or (iii) the Taxable Rate, which is interest rate on the Note upon a Determination of Taxability “Lender” means Wells Fargo Municipal Capital Strategies, LLC, a wholly owned subsidiary of Wells Fargo Bank, National Association, Wells Fargo Bank, National Association, Page 86 of 162 4 4848-5166-3256.3 or any other wholly owned subsidiary of Wells Fargo Bank, National Association, which entity is the initial registered owner of the Note. “Loan” means the loan extended by the Lender pursuant to the terms established in this Ordinance and evidenced through the issuance and delivery of the Note by the City. “Loan Certificate” means the certificate executed by the Loan Delegate under the authority delegated pursuant to this Ordinance which sets forth the final terms of the Note. “Loan Delegate” means the City Finance Director or the City Manager. “Maturity Date” means January 1, 2029. “Maximum Federal Corporate Tax Rate” means the maximum rate of income taxation imposed on corporations pursuant to Section 11(b) of the Code, as in effect from time to time (or, if as a result of a change in the Code, the rate of income taxation imposed on corporations generally shall not be applicable to national banking associations, the maximum statutory rate of federal income taxation which could apply to national banking associations). “Note” and “Series 2019 Note” mean the “General Obligation Refunding Note, Series 2019” authorized by the Section hereof entitled “Authorization and Purpose of Note.” The Note shall be considered a bond as said term is used in Article X, Part III of the Charter. “Note Account” means the account or subsidiary accounts established by the City for deposit of ad valorem taxes and other legally available moneys to satisfy the Loan repayment obligation evidenced by the Note. “Note Registrar” means the City Finance Director, who shall perform or cause to be performed the function of registrar with respect to the Note, or any Qualified Bank successor appointed in accordance with this Ordinance. “Ordinance” means this Ordinance which authorizes the Loan as evidenced by the issuance and delivery of the Note, including any amendments or supplements hereto. “Paying Agent” means the City Finance Director, who shall perform or cause to be performed the function of paying agent with respect to the Note, or any Qualified Bank successor appointed in accordance with this Ordinance. “Permitted Investments” means any lawful investment permitted for the investment of funds of the City by the Enabling Laws. “Person” means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. “Principal Redemption Date” means January 1 each year, commencing January 1, 2020 and continuing until the principal of the Note is paid in full on the Maturity Date. “Public Deposit Protection Act” means Title 11, Article 10.5, Part 1, C.R.S. Page 87 of 162 5 4848-5166-3256.3 “Qualified Bank” means a national banking association duly organized and existing under the laws of the United States of America or other eligible public depository duly certified under the Public Deposit Protection Act and having full and complete trust powers. “Record Date” means, with respect to each Interest Payment Date and Principal Redemption Date, the fifteenth day of the month immediately preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date and Principal Redemption Date occurs. “Refunded Bond Requirements” means the principal of and interest due in connection with the payment and cancellation of the Series 2009 Bonds on the Series 2009 Redemption Date. “Refunding Project” means any purpose for which proceeds of the Note may be expended under the Enabling Laws, including, but not limited to, the payment of the costs of issuance of the Note and the refunding, paying and discharging of the Refunded Bond Requirements. “Series 2009 Bonds” means the City’s General Obligation Water Bonds, Series 2009, dated July 8, 2009 and outstanding in the aggregate principal amount of $2,615,000. “Series 2009 Paying Agent” means UMB Bank, n.a., in Denver, Colorado. “Series 2009 Bond Ordinance” means the Ordinance of the City authorizing the issuance of the Series 2009 Bonds. “Series 2009 Redemption Date” means August 1, 2019, or such later date, if necessary, as established by the Loan Delegate in the Loan Certificate. “State” means the State of Colorado. “Supplemental Public Securities Act” means Title 11, Article 57, C.R.S. “Taxable Rate” means the interest rate per annum equal to the product of (i) the Tax- Exempt Rate or Default Rate in effect at the time that the Taxable Rate applies to the Note and (ii) the quotient of (a) one divided by (b) one minus the Maximum Federal Corporate Tax Rate in effect on the date of calculation. “Tax-Exempt Rate” means the per annum fixed rate of interest for the Note established pursuant to the Loan Certificate. “Tax Letter of Instructions” means the Tax Letter of Instructions, dated the date on which the Note is originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in accordance with their terms. Section 2. Authorization and Purpose of the Note. Pursuant to and in accordance with the Enabling Laws, the City Council hereby authorizes, approves and orders that, as evidence of the Loan from the Lender, there shall be issued the “City of Englewood General Obligation Refunding Note, Series 2019” for the purpose of providing funds for the Refunding Project. Page 88 of 162 6 4848-5166-3256.3 Section 3. Note Details. (a) Registered Form, Denomination, Dated Date and Numbering. The Note shall be issued in the Authorized Denomination as a single, certificated, fully registered Note, dated as of the Dated Date, which shall be registered in the name of the Holder. The Note shall be numbered R-1, and if transferred thereafter numbered consecutively beginning with the number “2” preceded by the letter “R.” (b) Note Detail Delegation and Parameters. (i) Loan Delegate. The City Council hereby delegates to the Loan Delegate, for a period of three months from the effective date of this Ordinance, the authority to determine following provisions to be set forth in the Loan Certificate, subject to the parameters established in paragraph (ii) of this subsection (b): (A) the Dated Date; (B) the aggregate principal amount of the Note; (C) the Interest Rate; (D) the mandatory scheduled principal redemption in any particular year; and (E) the Series 2009 Redemption Date. (ii) Loan Parameters. The authority delegated to the Loan Delegate in paragraph (i) of this subsection (b) shall be subject to the following parameters: (i) the aggregate principal amount of the Note shall not exceed $2,700,000; (ii) the maximum net effective interest rate for the Note shall not exceed 3.00% per annum for the Tax-Exempt Rate or 12.00% per annum for the Default Rate or Taxable Rate; (iii) the amortization schedule for the payment of principal of and interest on the Note shall be structured to result in approximately level annual savings; and (iv) the gross savings realized by the City from the Refunding Project, taking into consideration moneys available for payment of the debt service on the Series 2009 Bonds which may be applied for such purpose, shall be not less than $190,000. (c) Accrual and Dates for Payment of Interest. Interest on the Note (calculated based on a 360 day year of twelve 30-day months) shall accrue at the Interest Rate from the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. Page 89 of 162 7 4848-5166-3256.3 (d) Manner and Form of Payment. (i) Manner of Payment. The interest on the Note is payable to the Holder at its address as it appears on the registration book maintained by or on behalf of the City by the Paying Agent. The principal of the Note shall be payable to the Holder, at its address as it appears on the registration book maintained by or on behalf of the City by the Paying Agent, upon prior mandatory scheduled principal redemption or on the Maturity Date. (ii) Form of Payment. Interest and principal payments shall be paid by check or draft of the Paying Agent mailed on or before each Interest Payment Date, Principal Redemption Date and Maturity Date to the Holder. The Paying Agent may make payments of interest and principal by alternative means, such as by wire transfer, as may be mutually agreed to between the Holder of the Note and the Paying Agent. All payments of the principal of and interest on the Note shall be made in lawful money of the United States of America. (iii) Presentment of the Note. The Note certificate must be presented for the final payment of the principal of the Note on the Maturity Date but is not required to be presented for mandatory scheduled principal redemption payments. Presentation of the Note to the Paying Agent for the final payment of the principal of the Note on the Maturity Date shall be made at the principal office of the Paying Agent, or at such other address as provided in writing by the Paying Agent to the Holder. Section 4. Redemption of the Note Prior to Maturity. (a) No Optional Redemption. The Note shall not be subject to redemption at the option of the City. (b) Mandatory Scheduled Principal Redemption. The principal amount of the Note shall be subject to mandatory scheduled principal redemption on each Principal Redemption Date and in the principal amounts specified in the Loan Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the scheduled Principal Redemption Date. No notice to the Holder shall be required for mandatory scheduled principal redemption. Section 5. Security for the Note. (a) General Obligation. The Note shall be a general obligation of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Note. The Note shall not constitute a debt or indebtedness of the County, the State or any political subdivision of the State other than the City. (b) Levy of Ad Valorem Taxes. For the purpose of paying the principal of and interest on the Note when due, respectively, the City Council shall annually Page 90 of 162 8 4848-5166-3256.3 determine and certify to the Board of County Commissioners of the County, a rate of levy for general ad valorem taxes on all of the taxable property which is within the City or otherwise responsible for the payment of the Note sufficient to pay the principal of and interest on the Note when due, whether at maturity or upon mandatory scheduled principal redemption. (c) Application of Proceeds of Ad Valorem Taxes. The general ad valorem taxes levied pursuant to subsection (b) of this Section, when collected, shall be deposited in the Note Account and shall be applied solely to the payment of the principal of and interest on the Note and for no other purpose (except as otherwise provided in subsection (e) of this Section) until the Note, including principal and interest, are fully paid, satisfied and discharged. (d) Appropriation and Budgeting of Proceeds of Ad Valorem Taxes. Moneys received from the general ad valorem taxes levied pursuant to subsection (b) of this Section are hereby appropriated for that purpose, and all such amounts required to pay the principal of and interest on the Note due, respectively, in each year, subject to the limitations set forth in this Ordinance, shall be included in the annual budget and appropriation Ordinance to be adopted and passed by the City Council for such year. (e) Use or Advance of Other Legally Available Moneys. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available moneys other than the proceeds of the general ad valorem property taxes levied pursuant to subsection (b) of this Section to pay all or any portion of the principal of or interest on the Note. If and to the extent such other legally available moneys are used to pay the principal of or interest on the Note, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pursuant to subsection (b) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (b) of this Section to reimburse the fund or account from which such other legally available moneys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or interest on the Note. If the City selects alternative (ii) in the immediately preceding sentence, the taxes levied pursuant to subsection (b) of this Section shall include amounts sufficient to fund the reimbursement. (f) Certification to County Commissioners. It is hereby declared that, if the City does not otherwise determine and certify to the Board of County Commissioners of the County a rate of levy for general ad valorem property taxes as required by subsection (b) of this Section, the foregoing provisions of this Section shall constitute a certificate from the City Council to the Board of County Commissioners of the County showing the aggregate amount of ad valorem taxes to be levied by the Board of County Commissioners of the County from time to time, as required by law, for the purpose of paying the principal of and interest on the Note when due. Section 6. Form of the Note. The Note shall be in substantially the form set forth in Appendix A hereto, with such changes to such forms not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Note are hereby approved and Page 91 of 162 9 4848-5166-3256.3 adopted as the covenants, statements, representations and agreements of the City. Appendix A is an integral part of this Ordinance and is incorporated herein as if set forth in full in the body of this Ordinance. The Note shall recite that it is issued under the authority of the Enabling Laws, and specifically that it is issued pursuant to the Supplemental Public Securities Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Note after its delivery for value. Section 7. Execution, Authentication and Delivery. (a) Execution. The Note shall be issued in physical form and shall be executed in the name and on behalf of the City with the manual signature of the Mayor of the City, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual signature of the City Clerk of the City, both of whom are hereby authorized and directed to prepare and execute the Note in accordance with the requirements hereof. Should any officer whose manual signature appears on the Note cease to be such officer before delivery of the Note, such manual signature shall nevertheless be valid and sufficient for all purposes. (b) Authentication. When the Note has been duly executed, the officers of the City are authorized to, and shall, deliver the Note to the Paying Agent for authentication. The Note shall not be secured by or entitled to the benefit of this Ordinance, and shall not be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon the Note shall be conclusive evidence, and the only competent evidence, that the Note has been properly authenticated hereunder. (c) Delivery. Upon the authentication of the Note, the receipt of the proceeds of the Loan evidenced by the Note from the Lender and the issuance of the approving opinion of Bond Counsel, the Note shall be released and delivered to the Lender in accordance with the directions of the Lender. Section 8. Registration, Exchange and Transfer. (a) Registration. The Paying Agent shall maintain a registration book in which the ownership, transfer and exchange of the Note shall be recorded. The Person in whose name the Note shall be registered on such registration book shall be deemed to be the absolute owner thereof for all purposes. (b) Transfer and Exchange. The Note may be transferred or exchanged in whole, but not in part, at the principal operations office of the Paying Agent or at such other location designated by the Paying Agent for such purpose, upon payment by the transferee of a transfer fee, any tax or governmental charge required to be paid with respect to such transfer or exchange; provided that the Note may only be transferred to (a) an affiliate of the Lender, (b) a trust or custodial arrangement established by the Lender or one of its affiliates, the owners of the beneficial interests in which are limited to qualified institutional buyers, as defined in Rule 144A promulgated under the Securities Act of 1933, as amended, or (c) to a Person that is a qualified institutional Page 92 of 162 10 4848-5166-3256.3 buyer and a commercial bank having capital and surplus of $5,000,000,000 or more that has executed and delivered such representation to the City and the Paying Agent. Upon surrender for transfer of the Note, duly endorsed for transfer or accompanied by an assignment duly executed by the Holder or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Note. The transferring Holder shall pay any reasonable costs of the City incurred in connection with the transfer of the Note. Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer the Note between the Record Date for any Interest Payment Date or Principal Redemption Date and the date on which such payments are due. (c) Assignments and Participations. Nothing in this Ordinance shall restrict the right of the Holder to assign or participate its interest in the Note; provided however, such assignments or participations shall not result in more than a single Holder of the Note or cause the ownership of the Note to be registered in the name of more than a single Person. The Lender shall represent that, as of the Dated Date, it is making the Loan and acquiring the Note for its own account, and with no present intention of (i) reselling or redistributing the Note or interests therein or (ii) of making assignments or participations of its interests in the Note. Section 9. Replacement and Cancellation. (a) Replacement. If the Note shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Note and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Note upon the Holder furnishing, to the satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration book of the Paying Agent), (b) proof of loss, destruction or theft, (c) an indemnity to the City and the Paying Agent with respect to the Note lost, destroyed or taken, and (d) payment of the cost of preparing and executing the new Note. (b) Cancellation. If the Note shall be delivered to the Note Registrar for cancellation pursuant to this Ordinance and upon payment of the principal amount and interest represented thereby, or whenever the Note shall be delivered to the Note Registrar for transfer or exchange pursuant to the provisions hereof, the Note shall be cancelled by the Note Registrar in accordance with the customary practice of the Note Registrar and applicable retention laws. The Note Registrar shall not be responsible for, and shall bear no liability to the City in connection with, any Note which the Holder fails to deliver to the Note Registrar in accordance with the requirements of this Ordinance. Section 10. Establishment of the Note Account. (a) Establishment of the Note Account. There is hereby established for the payment of the principal of and interest on the Note the Note Account, which shall be an account or subaccount within the appropriate fund of the City as determined by the City Finance Director. The foregoing account shall be maintained by the City in accordance with the provisions of this Ordinance. Page 93 of 162 11 4848-5166-3256.3 (b) Investments. Moneys credited to the Note Account shall be invested or deposited in securities or obligations which are Permitted Investments. The investment of moneys credited to the Note Account shall, however, be subject to the covenants and provisions of the Section hereof entitled “Federal Tax Covenants.” Except to the extent otherwise required by such Section, all interest income from the investment or reinvestment of moneys credited to the Note Account shall remain in the Note Account. Section 11. Deposit of Loan Proceeds; Payment of Series 2009 Bonds. (a) Deposit of Loan Proceeds. The proceeds of the Loan evidenced by the Note shall be applied as a supplemental appropriation by the City as follows: (i) to the bond account held by the Series 2009 Paying Agent pursuant to the terms of the Series 2009 Bond Ordinance in an amount sufficient for the immediate payment of the Refunded Bond Requirements in full and cancellation of the Series 2009 Bonds; and (ii) for the payment of the costs of issuance of the Note. (b) Payment of Series 2009 Bonds. Subject to the issuance of the Note, the City Council does hereby reaffirm its intent to exercise on behalf of and in the name of the City its option to pay and cancel the Series 2009 Bonds on the Series 2009 Redemption Date, which is the earliest date on which the Series 2009 Bonds can be redeemed. The City Council hereby reaffirms the direction provided to the Series 2009 Paying Agent to give conditional notice for the redemption of the Series 2009 Bonds in accordance with the requirements of the Series 2009 Bond Ordinance. Section 12. Various Findings, Determinations, Declarations and Covenants. The City Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Holder that: (a) City’s Best Interests. It is in the best interest of the City and its residents that the Loan from the Lender, as evidenced by the Note, be authorized, issued and delivered at the time, in the manner and for the purposes provided in this Ordinance. (b) Conformity with Enabling Laws. To the best of the knowledge of the City Council, the issuance of the Note and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Constitution and the Enabling Laws, and all conditions and limitations of the Enabling Laws relating to the issuance of the Note have been satisfied. (c) No Rating, CUSIP, Placement Agent or Securities Depository. The Note has not and will not be (i) rated by a nationally recognized statistical rating organization which regularly rates such obligations, (ii) assigned a CUSIP number, (iii) placed by a placement agent or (iv) registered with or made eligible for registration with any securities depository, including but not limited to the Depository Trust Company, New York, New York. Page 94 of 162 12 4848-5166-3256.3 (d) Annual Audit and Related Financial Information. The City will cause an annual audit to be made of the books relating to property taxes each year by an independent certified public accountant and shall furnish a copy thereof to the Holder at the address provided by the Holder within the earlier of (i) thirty days from the date of public release of the audit or (ii) two hundred and seventy days of the close of each fiscal year. The annual audit of the City’s general purpose financial statements shall be deemed to satisfy this covenant. Additionally, the City shall furnish a physical or electronic copy of its annual budget to the Holder, at the address provided by the Holder, within sixty days of the adoption or amendment of the City’s annual budget, but in no event later than thirty days after the start of each fiscal year. Finally, the City will provide such other financial information reasonably requested by the Holder. (e) Additional Covenants and Agreements. In addition to the financial covenants contained in this Ordinance, the Lender shall receive the benefit of all existing and subsequent covenants, defaults and remedies agreed to by the City with any other lender, liquidity provider or credit provider supporting obligations of the City secured on the same basis as set forth for the Note in the Section hereof entitled “Security for the Note”. (f) EMMA Filing. Promptly following the issuance of the Notes, the City shall post the Ordinance on EMMA, provided that the pricing and certain other information as directed by the Lender shall be redacted prior to such filing. Section 13. Federal Income Tax Covenants. For purposes of ensuring that the interest on the Note (which is evidence of the repayment obligation of the Loan) is and remains excluded from gross income for federal income tax purposes, the City hereby covenants that: (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Note or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, or omit to take any action or actions, which would (i) cause the Note to be considered an “arbitrage bond” within the meaning of Section 148 of the Code, (ii) would otherwise cause the interest on the Note to be includible in gross income for federal income tax purposes or to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Code except to the extent such interest is required to be included in the adjusted current earnings adjustments applicable to corporations under Section 56 of the Code in calculating corporate alternative minimum taxable income, or (iii) would cause interest on the Note to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. (b) Affirmative Actions. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Note shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law. In particular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross proceeds of the Note and the capital improvements originally funded with Page 95 of 162 13 4848-5166-3256.3 proceeds of the Series 2009 Bonds will not be used in a manner that will cause the Note to be considered a “private activity bond” within the meaning of the Code; (ii) the Note is not and will not become directly or indirectly “federally guaranteed”; and (iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Note, which shall contain the information required to be filed pursuant to Section 149(e) of the Code. (c) Tax Letter of Instructions. The City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Note, including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Note proceeds, the use of the capital improvements originally funded with proceeds of the Series 2009 Bonds, the calculations, the deposits, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that, in the event the Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Note to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. (d) Bank Qualification. The City hereby designates the Note as a qualified tax exempt obligation within the meaning of Section 265(b)(3) of the Code. The City covenants that the aggregate face amount of all tax exempt obligations issued by the City, together with governmental entities which derive their issuing authority from the City or are subject to substantial control by the City, are not reasonably expected to be more than $10,000,000 during calendar year 2019. The City recognizes that such tax exempt obligations include notes, bonds, leases, loans and warrants, as well as the Note. The City further recognizes that any bank, thrift institution or other financial institution that owns the Note will rely on the City’s designation of the Note as a qualified tax exempt obligations for the purpose of avoiding the loss of 100% of any otherwise available interest deduction attributable to such institution’s tax exempt holdings. Section 14. Defeasance. The Note shall be deemed to have been paid, and shall not be deemed to be outstanding hereunder if cash or Federal Securities, or both, shall have been deposited in trust with a commercial bank located within or without the State, and exercising trust powers, for the payment of the principal of and interest on the Note, in full, as the same become due to the Maturity Date. In computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Federal Securities. The computations made in determining the sufficiency of the deposit shall be verified by a certified public accountant licensed to practice in the State, and a copy of such report shall be delivered to the City and the Holder of the Note. Section 15. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Note when due. Page 96 of 162 14 4848-5166-3256.3 (b) Breach or Nonperformance of Duties. Breach by the City of any covenant set forth herein or failure by the City to perform any duty imposed on it hereunder and continuation of such breach or failure for a period of thirty days after receipt by the City of written notice thereof from the Holder, provided that such thirty- day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure; provided however the breach of any covenant in the Section hereof entitled “Federal Income Tax Covenants” which results in a Determination of Taxability shall not be considered an Event of Default but the City shall pay any reasonable expenses incurred by the Lender as a result of a Determination of Taxability. (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City’s assets or revenues is entered with the consent or acquiescence of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within thirty days after it is entered. Section 16. Remedies for Events of Default. (a) Remedies. Upon the occurrence and during the continuance of an Event of Default, the Holder, or a trustee therefor, may protect and enforce its rights by proper legal or equitable remedy deemed most effectual including a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the City and the official thereof to observe and perform the contracts, covenants, obligations or conditions set forth in this Ordinance, specific performance of any covenants, injunctive relief or any combination of such remedies. The failure of the Holder to proceed does not relieve the City or any person of any liability for failure to perform any duty hereunder. Additionally, in the event of litigation arising out of an Event of Default, the City and the Holder, or a trustee therefor, waive the right to a jury trial. The foregoing rights are in addition to any other right, and the exercise of any right by the Holder shall not be deemed a waiver of any other right. (b) Default Interest. Without any required action on the part of the City or the Holder, upon the occurrence and during the continuance of an Event of Default, if any amount of principal or interest remains due and owing on the Note, or any other amounts remain payable to the Holder under this Ordinance or the Note, such amounts shall bear interest at the Default Rate until paid. (c) No Acceleration. Acceleration of any amount not yet due on the Note according to its terms shall not be an available remedy to the Holder; however, the City shall not grant acceleration as a remedy for any future obligations of the City secured on the same basis as set forth for the Note in the Section hereof entitled “Security for the Note” unless the Holder also is granted a similar right to acceleration. Section 17. Amendment of Ordinance. The City shall not, without the prior written consent of the Holder, adopt amendments or supplements to this Ordinance. Upon the execution of any amendatory or supplemental Ordinance pursuant to this Ordinance, this Ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties Page 97 of 162 15 4848-5166-3256.3 and obligations under this Ordinance of the City, the Note Registrar, the Paying Agent and the Holder shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such modifications and amendments. Section 18. Appointment and Duties of the Note Registrar and Paying Agent; Successors. The Paying Agent and Note Registrar identified in the Section hereof entitled “Definitions” is hereby appointed as paying agent, registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent and Note Registrar, in which event such successor shall automatically succeed to the duties of the Paying Agent and Note Registrar hereunder and its predecessor shall immediately turn over all its records regarding the Note to such successor. The Paying Agent and Note Registrar shall agree to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Following the Dated Date, the City may engage a Qualified Bank to act as Paying Agent and Note Registrar, however, prior to such engagement, the City shall give written notice thereof to the Holder by mailing or providing by electronic means the name of the Qualified Bank and relevant contact information for the appropriate representative of the Qualified Bank. Section 19. Approval of Related Documents. The City Council hereby authorizes the Mayor of the City, or any other duly authorized officer of the City, to take all actions necessary or appropriate to effectuate the provisions of this Ordinance, including, but not limited to, and agreement with the Paying Agent, the execution of a “Tax Compliance Certificate” or similar certificate describing the City’s expectations regarding the use and investment of proceeds of the Note and an Internal Revenue Service Form 8038-G with respect to the Note, and such certificates and affidavits as may be reasonably required by Bond Counsel or the Lender or as are necessary and appropriate to effectuate the transaction described in this Ordinance. The execution by the Mayor of the City or any other duly authorized officer of the City of any document authorized herein shall be conclusive proof of the approval by the City of the terms thereof. Section 20. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 21. Supplemental Public Securities Act. (a) Application of Act. Pursuant to Section 11-57-204, C.R.S., the City hereby elects to apply all of the provisions of the Supplemental Public Securities Act to the issuance and delivery of the Note. (b) Limitation of Actions. In accordance with Section 11-57-212, C.R.S., no legal or equitable action can be brought with respect to any legislative acts or proceedings in connection with the authorization or issuance of the Note more than thirty days after the date of adoption of this Ordinance. Page 98 of 162 16 4848-5166-3256.3 (c) Recourse against Officers and Agents. Pursuant to Section 11-57-209, C.R.S., if a member of the City Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Note. Such recourse shall not be available either directly or indirectly through the City Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. Section 22. Ordinance is Irrepealable. After the Note has been issued, this Ordinance shall be and remain a contract between the City and the Holder and shall be and remain irrepealable until all amounts due with respect to the Note shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Note shall have been satisfied in the manner provided herein. Section 23. Headings, Table of Contents and Cover Page. The headings to the various sections and subsections to this Ordinance, and the cover page and table of contents that appear at front of this Ordinance, have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 24. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Section 25. Repeal of Inconsistent Ordinances, Bylaws, Rules and Orders. All Ordinances, bylaws, rules and orders, or parts thereof, that are inconsistent with or in conflict with this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. Section 26. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance or the Enabling Laws) by the City Council or by the officers and employees of the City directed toward the issuance of the Note for the purposes herein set forth are hereby ratified, approved and confirmed. Section 27. Effective Date. This Ordinance shall become effective thirty days after publication following final passage. [The balance of this page is intentionally blank.] Page 99 of 162 17 4848-5166-3256.3 Introduced, read in full, and passed as on first reading on the 10th day of June, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 13th day of June, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 12th day of June, 2019 for thirty (30) days. Read by Title and passed on final reading on the 24th day of June, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 27th day of June, 2019. Published by title on the City’s official website beginning on the 26th day of June, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 100 of 162 A-1 4848-5166-3256.3 APPENDIX A FORM OF THE NOTE AS PROVIDED IN THE AUTHORIZING ORDINANCE, THERE SHALL BE ONLY ONE REGISTERED OWNER OF THE SERIES 2019 NOTE AT ANY POINT IN TIME THIS NOTE MAY NOT BE TRANSFERRED EXCEPT TO QUALIFIED PERSONS IN ACCORDANCE WITH SECTION 8(b) OF THE NOTE ORDINANCE AND ONLY UPON WRITTEN REPRESENTATION OF SUCH QUALIFICATION BY THE TRANSFEREE UNITED STATES OF AMERICA STATE OF COLORADO No. R-__ $________ CITY OF ENGLEWOOD IN ARAPAHOE COUNTY, COLORADO GENERAL OBLIGATION REFUNDING NOTE SERIES 2019 Interest Rate Maturity Date Dated Date _____% January 1, 2029 ___________, 2019 REGISTERED OWNER: _________________________________________ PRINCIPAL AMOUNT: __________________________________________ Dollars The City of Englewood (the “City”), a duly organized and validly existing home-rule municipality of the State of Colorado (the “State”), for value received in the form of a loan, hereby promises to pay to the order of the registered owner named above or registered assigns, on the Maturity Date specified above or on Principal Redemption Dates, the principal amount specified above. In like manner the City promises to pay interest on the unpaid principal amount (computed on the basis of a 360-day year of twelve 30-day months) from the Interest Payment Date next preceding the date of registration and authentication of this Note, except that interest paid on the first Interest Payment Date shall be computed from the Dated Date set forth above, at the Interest Rate per annum specified above, payable on July 1 and January 1 each year, commencing on January 1, 2019, until the outstanding principal amount is paid in full. Capitalized terms used but not defined in this Note shall have the meaning assigned to them in the Ordinance authorizing the issuance of this Note (the “Note Ordinance”) adopted by the governing body of the City on second and final reading (the “City Council”) on __________, 2019. This Note shall bear interest, be payable, and mature pursuant to the terms and provisions of the Note Ordinance. This Note constitutes a general obligation of the City and the full faith and credit of the City is hereby pledged for the punctual payment of the principal of and interest on this Note. Page 101 of 162 A-2 4848-5166-3256.3 The final installment of the principal of and interest on this Note is payable upon presentation and surrender of this Note to the City Finance Director (as the “Paying Agent”). This Note need not be presented for the payment of principal when redeemed in the case of mandatory scheduled principal redemption. Prior to the final installment of principal and interest on this Note, this Note is payable by check or draft of the Paying Agent mailed on the Principal Redemption Date or the Interest Payment Date to the Holder; provided however, the Paying Agent may make payments of interest and principal by alternative means, such as by wire transfer, as may be mutually agreed to between the Holder of this Note and the Paying Agent. THE NOTE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS NOTE AND THE CITY. THIS NOTE IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE NOTE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS NOTE. This Note has been designated by the City as a qualified tax-exempt obligation within the meaning of Section 265(b) of the Code. This Note is not be subject to redemption at the option of the City; however, the principal amount of this Note is subject to mandatory scheduled principal redemption on the Principal Redemption Dates and in the principal amounts set forth below: Principal Redemption Date Principal Amount Principal Redemption Date Principal Amount 1/01/2020 1/01/2025 1/01/2021 1/01/2026 1/01/2022 1/01/2027 1/01/2023 1/01/2028 1/01/2024 1/01/20291 ____________________ 1 Final maturity, not a sinking fund redemption. If the date for making any payment or performing any action shall be a legal holiday or a day on which the principal operations office of the Paying Agent is authorized or required by law to remain closed, such payment may be made or act performed on the next succeeding day which is not a legal holiday or a day on which the principal operations office of the Paying Agent is authorized or required by law to remain closed. This Note is issued by the City Council by virtue of and in full conformity with the Constitution of the State; the City Charter and all other laws of the State thereunto enabling, and pursuant to the duly adopted Note Ordinance. This Note is issued under the authority of the Enabling Laws and such recital is conclusive evidence of the validity and the regularity of the issuance of this Note after its delivery for value. Reference is hereby made to the Note Ordinance for an additional description of the nature and extent of the security for this Note, the funds and revenues pledged to the payment thereof, the rights and remedies of the Holder of this Note, the manner in which the Note Ordinance may be Page 102 of 162 A-3 4848-5166-3256.3 amended, and the other terms and conditions upon which this Note is issued, copies of which are on file for public inspection at the office of the City Clerk of the City. THIS NOTE DOES NOT CONSTITUTE A DEBT OR INDEBTEDNESS OF THE COUNTY, THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE OTHER THAN THE CITY. This Note shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the authorizing Note Ordinance until the certificate of authentication hereon shall have been signed by the Note Registrar. IN WITNESS WHEREOF, the City Council of the City has caused this Note to be executed with the signature of its Mayor and attested by the signature of its City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date set forth below. [CITY SEAL] CITY OF ENGLEWOOD By Mayor Attest: By City Clerk CERTIFICATE OF AUTHENTICATION This is the Note of the issue described in the within mentioned Note Ordinance. Dated: __________, 20__ CITY OF ENGLEWOOD, as Note Registrar By City Finance Director Page 103 of 162 A-4 4848-5166-3256.3 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated:_______________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. TRANSFER FEE MAY BE REQUIRED Page 104 of 162 1 | Page May 31, 2019 City of Englewood, CO 1000 Englewood Parkway Englewood, Colorado 80110 Attn: City of Englewood – Finance Team We are pleased to express our interest in considering the credit accommodation described below. This letter is not intended to constitute a commitment or offer to lend on the part of Wells Fargo Bank, National Association, but only to summarize, for discussion purposes, the credit accommodation we are interested in considering at this time. Issuer: City of Englewood, Colorado (the “City” or the “Issuer”). Purchaser: Wells Fargo Municipal Capital Strategies, LLC, a wholly owned subsidiary of Wells Fargo Bank, N.A, Wells Fargo Bank, N.A., or any other wholly owned subsidiary of Wells Fargo Bank, N.A. (“Wells Fargo” or the “Bank”). Par Amount: Up to $2,700,000 in principal. Structure: The Bank will purchase general obligation refunding notes issued by the City (the “Notes”) that bear interest at a fixed r ate (the “Fixed Rate”). Purpose: The Notes will be used to re-finance the City’s General Obligation Water Bonds, Series 2009. Term: The Notes will have a final maturity date of January 1, 2029 (the “Maturity Date”). Amortization: The Notes will be subject to amortization with the first principal payment due on January 1, 2020 and annually on January 1 thereafter through maturity. Interest will be due semi-annually on January 1 and July 1, commencing on January 1, 2020. The final amortization schedule will be structured substantially the same as the existing debt service requirements on the Series 2009 bonds which are to be refunded in order to achieve level annual savings. The final amortization schedule may also be structured with approximate level annual debt service payments which may impact the indicative Fixed Rate quote below and may improve refunding savings. Page 105 of 162 2 | Page Security: The Notes will constitute general obligations of the City, and will be secured by the City’s full faith and credit. All taxable property within the boundaries of the City will be subject to ad valorem property taxation without limitation as to rate or amount to pay the principal of and interest on the Notes when due. The City may use legally available moneys from the operation of its water system to pay the principal of and interest on the Notes as the same become due. Interest Rate: The Notes will bear interest at a fixed rate of 2.53%* (the “Fixed Rate”): The rate assumes tax-exempt, bank qualified status of the Notes. Terms, conditions, and pricing are subject to change if it is determined that the Notes are ineligible for tax-exempt or bank qualified treatment. *Please note that this is an indicative rate only, as of May 23, 2019 market close. The Bank Cost of Funds will adjust based on movements in the LIBOR swap market while the Spread to Bank Cost of Funds may increase or decrease to neutralize the Bank’s return based on movements in the LIBOR swap market. The actual Fixed Rate shall be determined on the Rate Set Date. The Fixed Rate is subject to adjustment upon the occurrence of an event of taxability as a result of Issuer’s acts and/or omissions. Rate Set Date: It is anticipated the Fixed Rate will be set on June 24, 2019 and will assume a Closing Date of August 1, 2019. Tax Treatment: Interest on the Notes shall be excludable from gross income for federal income tax purposes. The Issuer shall take all steps necessary to maintain such tax exempt status for the Notes. The Bank shall be provided an opinion of tax counsel satisfactory to the Bank which concludes that interest on the Notes is excludable from gross income for federal income tax purposes. Other Fees: Usual and customary for this type of financing, including amendment fees, and attorney’s fees. Bond Counsel At cost Bank Counsel At cost, estimated at $5,000 Optional Redemption/ Conversion: The Notes are not subject to optional redemption or conversion prior to the Maturity Date Page 106 of 162 3 | Page Base Rate: Greatest of (i) the Bank’s Prime Rate plus 1.00%, (ii) the Federal Funds Rate plus 2.00%, or (iii) 7.00%. Default Rate: Base Rate plus 3.00%. Conditions Precedent to Considering Credit Accommodation: Usual and customary for this type of financing and materially consistent with the Resolution. Loan Treatment: The Bank’s purchase of the Notes is conditioned on its ability to treat the Notes as a loan for accounting purposes. To achieve this treatment, the following conditions must be met: 1. No rating can be assigned to the Notes 2. The Notes must be delivered in physical form 3. The physical Notes must carry a legend referencing the transfer restrictions 4. The Bank’s ability to transfer is limited to affiliates, certain custodial arrangements and certain commercial bank Qualified Institutional Buyers 5. The Notes must have minimum denominations of not less than $250,000 6. No placement agent shall be involved in the financing or, if the City requires the involvement of a placement agent, any placement agreement shall be in form and substance satisfactory to the Bank 7. Non-DTC registered CUSIP Taxability: Upon a determination of taxability subsequent to the delivery of the Notes, the rate on the Notes will automatically adjust to a rate equal to the product of the (i) Fixed Rate on the Notes and (ii) one divided by one minus the prevailing Maximum Federal Corporate Tax Rate. The Issuer shall also pay any other expenses incurred by the Bank as a result of the determination of taxability. Reps and Warranties: Usual and customary for this type of financing. Principal Financial Covenants: Usual and customary for this type of financing. Other Covenants: In addition to the financial covenants contained in these financing documents, the Bank shall receive the benefit of all existing and subsequent covenants, defaults and remedies agreed to by the Issuer with any other lender, liquidity provider or credit provider supporting parity obligations of the Issuer. Page 107 of 162 4 | Page Reporting Requirements: Usual and customary for this type of financing, including but not limited to: Annual Audited Financial Statements Annual Budget Events of Default: Usual and customary for this type of financing. Remedies Upon Event of Default: The Bank may direct a mandatory tender or acceleration of the Notes (to the extent permitted by Colorado law and the financing documents), pursue rights with respect to any collateral, or exercise any other r ights or remedies available by law or under contract. The Notes and all other amounts owed under the financing documents shall bear interest at the Default Rate. In the event that the remedy of acceleration is not available to the Bank under the transactio n documents the Issuer will agree not to grant such right to any creditor of the Issuer secured or payable on parity with the Notes unless such right is also granted to the Bank with regard to the Notes. Waiver of Jury Trial: The Issuer and the Bank shall waive the right to a jury in any litigation arising out of this transaction. EMMA and Rating Agency Disclosure: To maintain transparency with its existing bondholders and the rating agencies, Wells Fargo requests that the Issuer a) post the financing documents on the MSRB’s EMMA site following the closing of the transaction, provided that pricing and certain other information contained therein, as directed by the Bank, shall be redacted prior to such posting and b) deliver relevant financing documents to the rating agencies. Instructions on EMMA posting can be found at: http://msrb.org/msrb1/EMMA/pdfs/CDSubmissions.pdf Transfer Provisions: While the Bank is purchasing the Notes for its own account without a current intention to transfer them, the Bank reserves the right in its sole discretion to sell the Notes in whole, or to assign or pledge its interests in the Notes in whole, in any such case, without the consent of the Issuer. Confidentiality: This Term Sheet is confidential and proprietary, and terms herein may not be disclosed without our prior written consent, except to your professional advisors in connection with this Financing who agree to be bound by such confidentiality requirements, or as may be required by law. Page 108 of 162 5 | Page Notwithstanding anything herein to the contrary, any party hereto may disclose to any and all persons, without limitation of any kind the tax treatment or tax structure of this transaction. Furthermore, the parties to this transaction may disclose, as required by federal or state laws, any information as required to comply with such federal or state laws. This expression of interest is not intended to be, and should not be construed as, a commitment to enter into a direct purchase of notes, nor should it be construed as an attempt to establish all of the terms and conditions relating to such an accommodation. It is intended only to be indicative of certain terms and conditions around which credit approval may be so ught, and if approved, how the operative documents might be structured, and not to preclude negotiations within the general scope of these terms and conditions. The execution versions of agreements containing final terms and conditions, if any, would be subject to approval by Issuer and Bank. Unless this term sheet is earlier rescinded, it shall expire automatically without furth er action or notice by the Bank 30 days from the date thereof. Please be advised that the transaction described herein between Wells Fargo and you is a bank- purchased transaction (“Direct Purchase”) and a product offering of Wells Fargo Bank, N.A. (“WFBNA”) or Wells Fargo Municipal Capital Strategies, LLC, a subsidiary of WFBNA (“WFMCS”), as purchaser/investor (“Purchaser”). Wells Fargo Securities will not participate in any manner in any Direct Purchase transaction between you and Purchaser, and Wells Fargo employees involved with a Direct Purchase transaction are not acting on behalf of or as representatives of Wells Fargo Securities. Information contained in this document or provided to you regarding Direct Purchase is for discussion purposes only in anticipation of engaging in arm’s length commercial transactions with you in which Purchaser would be acting solely as a principal to purchase securities from you or a conduit issuer (in the case of a conduit transaction), and not as a municipal advisor, financial advisor or fiduciary to you or any other person or entity regardless of whether Purchaser, or an affiliate has or is currently acting as such on a separate transaction. Additionally, Purchaser has financial and other interests that differ from your interests. Any information relating to a Direct Purchase transaction is being provided to you pursuant to and in reliance on the bank exemption under the municipal advisor rules (“Muni Advisor Rules”) of the Securities and Exchange Commission (“SEC”) or the SEC’s guidance in its Registration of Municipal Advisors Frequently Asked Questions and Answers dated May 19, 2014 and the general information exclusion to advice under the Muni Advisor Rules. Purchaser will not have any duty or liability to any person or entity in connection with the information provided herein. In submitting this proposal (a) Wells Fargo is not acting as an advisor to the City of Englewood, CO (“you”) and does not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to the information and material contained in this proposal; (b) Wells Fargo is acting for its own interests; and (c) you should discuss any information and material contained in this proposal with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material. Page 109 of 162 6 | Page Best Regards, Jonathan Narlock Vice President, Relationship Manager Government Banking Wells Fargo Bank, N.A. 1700 Lincoln St., Suite 21 | Denver, CO 80203 Tel 303.863.6597 Cell 303.330.7658 jonathan.narlock@wellsfargo.com CC: John H. Self Director, Wells Fargo Securities Public Finance – Municipal Placements 1700 Lincoln St., Suite 21 | Denver, CO 80203 Tel 303.863.6461 Cell 303.594.1306 john.h.self@wellsfargo.com By signing below, the City of Englewood, Colorado accepts the proposed terms as set forth herein and awards the Notes to the Bank as of _________, 2019. x________________________ Name: Title: Page 110 of 162 Jun 4, 2019 8:53 am TABLE OF CONTENTS City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Report Page Sources and Uses of Funds ........................... 1 Bond Summary Statistics ........................... 2 Bond Debt Service .............................. 3 Savings ................................... 4 Summary of Refunding Results ......................... 5 Summary of Bonds Refunded .......................... 6 Prior Bond Debt Service ............................ 7 Important Disclosures ............................. 8 Page 111 of 162 Jun 4, 2019 8:53 am Page 1 SOURCES AND USES OF FUNDS City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Dated Date 08/01/2019 Delivery Date 08/01/2019 Sources: Bond Proceeds: Par Amount 2,660,000.00 Other Sources of Funds: Debt Service Fund (Est. Interest) 9,818.96 2,669,818.96 Uses: Refunding Escrow Deposits: Cash Deposit 2,624,818.96 Cost of Issuance: Estimated Costs of Issuance 45,000.00 2,669,818.96 Note: For Indicative Purposes Only Page 112 of 162 Jun 4, 2019 8:53 am Page 2 BOND SUMMARY STATISTICS City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Dated Date 08/01/2019 Delivery Date 08/01/2019 Last Maturity 01/01/2029 Arbitrage Yield 2.530200% True Interest Cost (TIC) 2.530200% Net Interest Cost (NIC) 2.530000% All-In TIC 2.843413% Average Coupon 2.530000% Average Life (years) 6.024 Duration of Issue (years) 5.534 Par Amount 2,660,000.00 Bond Proceeds 2,660,000.00 Total Interest 405,412.79 Net Interest 405,412.79 Total Debt Service 3,065,412.79 Maximum Annual Debt Service 473,220.45 Average Annual Debt Service 325,530.56 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average Bond Component Value Price Coupon Life Bond Component 2,660,000.00 100.000 2.530% 6.024 2,660,000.00 6.024 All-In Arbitrage TIC TIC Yield Par Value 2,660,000.00 2,660,000.00 2,660,000.00 + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense (45,000.00) - Other Amounts Target Value 2,660,000.00 2,615,000.00 2,660,000.00 Target Date 08/01/2019 08/01/2019 08/01/2019 Yield 2.530200% 2.843413% 2.530200% Note: For Indicative Purposes Only Page 113 of 162 Jun 4, 2019 8:53 am Page 3 BOND DEBT SERVICE City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Dated Date 08/01/2019 Delivery Date 08/01/2019 Period Annual Bond Total Ending Principal Coupon Interest Debt Service Debt Service Balance Bond Value 08/01/2019 2,660,000.00 2,660,000.00 01/01/2020 163,447.89 2.530% 28,040.83 191,488.73 191,488.73 2,496,552.11 2,496,552.11 07/01/2020 31,581.38 31,581.38 2,496,552.11 2,496,552.11 01/01/2021 177,977.68 2.530% 31,581.38 209,559.07 241,140.45 2,318,574.42 2,318,574.42 07/01/2021 29,329.97 29,329.97 2,318,574.42 2,318,574.42 01/01/2022 185,680.52 2.530% 29,329.97 215,010.49 244,340.45 2,132,893.90 2,132,893.90 07/01/2022 26,981.11 26,981.11 2,132,893.90 2,132,893.90 01/01/2023 188,068.24 2.530% 26,981.11 215,049.34 242,030.45 1,944,825.67 1,944,825.67 07/01/2023 24,602.04 24,602.04 1,944,825.67 1,944,825.67 01/01/2024 190,126.36 2.530% 24,602.04 214,728.41 239,330.45 1,754,699.30 1,754,699.30 07/01/2024 22,196.95 22,196.95 1,754,699.30 1,754,699.30 01/01/2025 201,836.56 2.530% 22,196.95 224,033.51 246,230.45 1,552,862.74 1,552,862.74 07/01/2025 19,643.71 19,643.71 1,552,862.74 1,552,862.74 01/01/2026 208,168.02 2.530% 19,643.71 227,811.74 247,455.45 1,344,694.72 1,344,694.72 07/01/2026 17,010.39 17,010.39 1,344,694.72 1,344,694.72 01/01/2027 434,209.68 2.530% 17,010.39 451,220.06 468,230.45 910,485.05 910,485.05 07/01/2027 11,517.64 11,517.64 910,485.05 910,485.05 01/01/2028 450,185.18 2.530% 11,517.64 461,702.82 473,220.45 460,299.87 460,299.87 07/01/2028 5,822.79 5,822.79 460,299.87 460,299.87 01/01/2029 460,299.87 2.530% 5,822.79 466,122.66 471,945.45 2,660,000.00 405,412.79 3,065,412.79 3,065,412.79 Notes: For Indicative Purposes Only 2.53% estimated rate Page 114 of 162 Jun 4, 2019 8:53 am Page 4 SAVINGS City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Present Value Prior Prior Prior Refunding to 08/01/2019 Date Debt Service Receipts Net Cash Flow Debt Service Savings @ 2.5302002% 01/01/2020 213,913.75 9,818.96 204,094.79 191,488.73 12,606.06 12,372.36 01/01/2021 271,395.00 271,395.00 241,140.45 30,254.55 29,490.28 01/01/2022 274,595.00 274,595.00 244,340.45 30,254.55 28,744.36 01/01/2023 272,285.00 272,285.00 242,030.45 30,254.55 28,015.48 01/01/2024 269,585.00 269,585.00 239,330.45 30,254.55 27,303.21 01/01/2025 276,485.00 276,485.00 246,230.45 30,254.55 26,607.11 01/01/2026 277,710.00 277,710.00 247,455.45 30,254.55 25,926.72 01/01/2027 498,485.00 498,485.00 468,230.45 30,254.55 25,262.18 01/01/2028 503,475.00 503,475.00 473,220.45 30,254.55 24,588.73 01/01/2029 502,200.00 502,200.00 471,945.45 30,254.55 23,928.85 3,360,128.75 9,818.96 3,350,309.79 3,065,412.79 284,897.00 252,239.27 Savings Summary PV of savings from cash flow 252,239.27 Net PV Savings 252,239.27 Note: For Indicative Purposes Only Page 115 of 162 Jun 4, 2019 8:53 am Page 5 SUMMARY OF REFUNDING RESULTS City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Dated Date 08/01/2019 Delivery Date 08/01/2019 Arbitrage yield 2.530200% Escrow yield 0.000000% Value of Negative Arbitrage Bond Par Amount 2,660,000.00 True Interest Cost 2.530200% Net Interest Cost 2.530000% Average Coupon 2.530000% Average Life 6.024 Par amount of refunded bonds 2,615,000.00 Average coupon of refunded bonds 4.571519% Average life of refunded bonds 6.151 PV of prior debt to 08/01/2019 @ 2.530200% 2,922,058.23 Net PV Savings 252,239.27 Percentage savings of refunded bonds 9.645861% Note: For Indicative Purposes Only Page 116 of 162 Jun 4, 2019 8:53 am Page 6 SUMMARY OF BONDS REFUNDED City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Maturity Interest Par Call Call Bond Date Rate Amount Date Price General Obligation Water Bonds, Series 2009: BOND 01/01/2020 4.150% 155,000.00 08/01/2019 100.000 01/01/2021 4.250% 160,000.00 08/01/2019 100.000 01/01/2022 4.300% 170,000.00 08/01/2019 100.000 01/01/2023 4.400% 175,000.00 08/01/2019 100.000 01/01/2024 4.500% 180,000.00 08/01/2019 100.000 01/01/2027 4.600% 435,000.00 08/01/2019 100.000 01/01/2028 4.625% 460,000.00 08/01/2019 100.000 01/01/2029 4.625% 480,000.00 08/01/2019 100.000 TER 01/01/2026 4.500% 400,000.00 08/01/2019 100.000 2,615,000.00 Note: For Indicative Purposes Only Page 117 of 162 Jun 4, 2019 8:53 am Page 7 PRIOR BOND DEBT SERVICE City of Englewood, Colorado Refinancing Scenario 2019 *For Indicative Purposes Only* **Rates as of June 4, 2019 and subject to change** Dated Date 08/01/2019 Delivery Date 08/01/2019 General Obligation Water Bonds, Series 2009 Period Annual Bond Total Ending Principal Coupon Interest Debt Service Debt Service Balance Bond Value 08/01/2019 2,615,000 2,615,000 01/01/2020 155,000 4.150% 58,913.75 213,913.75 213,913.75 2,460,000 2,460,000 07/01/2020 55,697.50 55,697.50 2,460,000 2,460,000 01/01/2021 160,000 4.250% 55,697.50 215,697.50 271,395.00 2,300,000 2,300,000 07/01/2021 52,297.50 52,297.50 2,300,000 2,300,000 01/01/2022 170,000 4.300% 52,297.50 222,297.50 274,595.00 2,130,000 2,130,000 07/01/2022 48,642.50 48,642.50 2,130,000 2,130,000 01/01/2023 175,000 4.400% 48,642.50 223,642.50 272,285.00 1,955,000 1,955,000 07/01/2023 44,792.50 44,792.50 1,955,000 1,955,000 01/01/2024 180,000 4.500% 44,792.50 224,792.50 269,585.00 1,775,000 1,775,000 07/01/2024 40,742.50 40,742.50 1,775,000 1,775,000 01/01/2025 195,000 4.500% 40,742.50 235,742.50 276,485.00 1,580,000 1,580,000 07/01/2025 36,355.00 36,355.00 1,580,000 1,580,000 01/01/2026 205,000 4.500% 36,355.00 241,355.00 277,710.00 1,375,000 1,375,000 07/01/2026 31,742.50 31,742.50 1,375,000 1,375,000 01/01/2027 435,000 4.600% 31,742.50 466,742.50 498,485.00 940,000 940,000 07/01/2027 21,737.50 21,737.50 940,000 940,000 01/01/2028 460,000 4.625% 21,737.50 481,737.50 503,475.00 480,000 480,000 07/01/2028 11,100.00 11,100.00 480,000 480,000 01/01/2029 480,000 4.625% 11,100.00 491,100.00 502,200.00 2,615,000 745,128.75 3,360,128.75 3,360,128.75 Note: For Indicative Purposes Only Page 118 of 162 Jun 4, 2019 8:53 am Page 8 IMPORTANT DISCLOSURES This document and any other materials accompanying this document (collectively, the 'Materials') are provided for general informational purposes only. By accepting any Materials, the recipient acknowledges and agrees to the matters set forth below. Wells Fargo Securities ('WFS') is the trade name for certain securities-related capital markets and investment banking services of Wells Fargo & Company ('WFC') and its subsidiaries, including Wells Fargo Securities, LLC, member NYSE, FINRA, NFA, and SIPC and Wells Fargo Bank, National Association, acting through its Municipal Products Group. Municipal derivatives services are provided by Wells Fargo Bank, N.A. ('WFBNA'), a swap dealer registered with the CFTC and member of the NFA. Commercial banking products and services are provided by Wells Fargo Bank, N.A. Investment banking and capital markets products and services provided by Wells Fargo Securities, are not a condition to any banking product or service. Wells Fargo Securities is providing these Materials to you for discussion purposes only in connection with serving as an underwriter or placement agent (collectively referred to herein as ''underwriter'') to you. As part of our services as underwriter, Wells Fargo Securities may provide advice concerning the structure, timing, terms, and other similar matters concerning the issue of municipal securities that Wells Fargo Securities proposes to underwrite as described in the Materials. The Materials may also contain such advice. Any such advice has been, and would be, provided by Wells Fargo Securities in the context of serving as an underwriter and not as your financial advisor. In our capacity as underwriter, our primary role is to purchase securities from you (or the issuer in the case of a conduit transaction) for resale to investors, or arrange for the placement of securities with investors on your behalf, in an arm's length commercial transaction between you and Wells Fargo Securities in which Wells Fargo Securities is acting solely as a principal or agent, as applicable, and not as a municipal advisor, financial advisor or fiduciary to you or any other person or entity regardless of whether we, or an affiliate has or is currently acting as such on a separate transaction (the use of the term ''agent'' does not imply any fiduciary relationship). As underwriter, Wells Fargo Securities' financial and other interests differ from your (or the issuer's) interests. The information in the Materials is not intended to be and should not be construed as ''advice'' within the meaning of Section 15B of the Securities Exchange Act of 1934. Wells Fargo Securities will not have any duties or liability to any person or entity in connection with the information being provided in the Materials. You should consult with your own financial and/ or municipal, legal, accounting, tax, and other advisors, as applicable, to the extent you deem appropriate. Please be advised that any information in the Materials regarding municipal derivatives is being provided by WFBNA as a swap dealer and that any swap offered or recommended in the Materials is being offered or recommended by WFBNA as a swap dealer. If you would like a municipal advisor that has legal fiduciary duties to you, you are certainly free to engage a municipal advisor to serve in that capacity. Any municipal underwriting, commercial paper and remarketing rankings referenced herein represent combined totals for Wells Fargo Bank, National Association, acting through its Municipal Products Group ('WFBNA MPG') and Wells Fargo Securities, LLC (' WFSLLC'). Non-municipal underwriting, commercial paper and remarketing rankings referenced herein represent totals for WFSLLC only. Source information for any ranking information not otherwise provided herein is available on request. Any rankings referencing competitive municipal new issues for time periods prior to 2011 include issues underwritten by Wells Fargo Clearing Services, LLC (' WFCS'), a separate broker-dealer subsidiary of WFC. Underwriting activities of WFCS are not managed or otherwise controlled by WFBNA MPG or WFSLLC. Information for 2009 and prior includes transactions that may have been underwritten by other broker- dealers that were acquired by WFC and/or its predecessors. If the Materials are being provided to you under any of the following events, the information contained in the Materials and any subsequent discussions between us, including any and all information, advice, recommendations, opinions, indicative pricing, quotations and analysis with respect to any municipal financial product or issuance of municipal securities, are provided to you in reliance upon the Swap Dealer, Bank, RFP, IRMA exemptions and underwriter exclusion, as applicable, provided under the Muni Advisor Rules. In the event the Swap Dealer, Bank, RFP, IRMA exemptions, or underwriter exclusion do not apply, the information included in the Materials are provided in reliance on the general information exclusion to advice under the Muni Advisor Rules. In the event that you have provided us with your written representation in form and substance acceptable to WFBNA that you are represented by a 'qualified independent representative' as defined in the Commodity Exchange Act ('CEA') with respect to any municipal derivative or trading strategy involving municipal derivatives described in the Materials, we have provided you with our written disclosure that we are not acting as an advisor to you with respect to the municipal derivative or trading strategy pursuant to Section 4s(h)(4) of the CEA and the rules and regulations thereunder, and have taken certain other steps to establish the 'Swap Dealer exemption' under the Muni Advisor Rules. Any information related to a bank-purchased bond transaction ('Direct Purchase') included in the Materials is a product offering of WFBNA or a subsidiary thereof ('Purchaser') as purchaser / investor. WFS will not participate in any manner in any Direct Purchase transaction between you and Purchaser, and Wells Fargo employees involved with a Direct Purchase transaction are not acting on behalf of or as representatives of WFS. The information contained herein regarding Purchaser's Direct Purchase is being provided to you by WFS only for purposes of providing financing alternatives that may be available to you from WFC and its affiliates. Information contained in this document regarding Direct Purchase is for discussion purposes only in anticipation of engaging in arm' s length commercial transactions with you in which Purchaser would be acting solely as a principal to purchase securities from you or a conduit issuer, and not as a municipal advisor, financial advisor or fiduciary to you or any other person or entity regardless of whether Purchaser, or an affiliate has or is currently acting as such on a separate transaction. Additionally, Purchaser has financial and other interests that differ from your interests. Purchaser's sole role would be to purchase securities from you (or the conduit issuer). Any information relating to a Direct Purchase is being provided to you pursuant to and in reliance on the 'Bank exemption' Page 119 of 162 Jun 4, 2019 8:53 am Page 9 IMPORTANT DISCLOSURES under the Muni Advisor Rules and the general information exclusion to advice under the Muni Advisor Rules. In the event the Materials are being provided in connection with a RFP, the SEC exempts from the definition of municipal advisor ' any person providing a response in writing or orally to a request for proposals or qualifications from a municipal entity or obligated person for services in connection with a municipal financial product or the issuance of municipal securities; provided however, that such person does not receive separate direct or indirect compensation for advice provided as part of such response' ('RFP exemption'). In such event, we have relied upon the RFP exemption, and on your distribution and execution of this RFP through a competitive process. In the event WFBNA MPG is the party providing the Materials responses to all questions, certifications, attestations, information requests, and similar in the RFP or RFQ to which this response relates are specifically limited to, in context of, and as applied to, WFBNA MPG in its capacity as a separately identifiable department of a national bank that is registered as a municipal securities dealer with the Securities and Exchange Commission, Office of the Comptroller of the Currency, and Municipal Securities Rulemaking Board; and not on behalf of Wells Fargo Bank, N.A., unless specified otherwise in our response. In the event that you have provided us with your written representation that you are represented by an independent registered municipal advisor (an 'IRMA') within the meaning of the Muni Advisor Rules, with respect to the transaction(s) described in the Materials we have provided you with our written disclosure that we are not a municipal advisor to you and are not subject to the fiduciary duty under the Muni Advisor Rules, if applicable, and have taken certain other steps to establish the 'IRMA exemption' under the Muni Advisor Rules. In the event that you have engaged us to serve as an underwriter with respect to the municipal securities issuance described in the Materials we have provided you with our written disclosure regarding our role as an underwriter, that we are not a municipal advisor to you and are not subject to the fiduciary duty under the Muni Advisor Rules, if applicable. If savings threshold level information is contained herein, please be advised that WFS is not recommending nor providing advice regarding which maturities should be refunded by you. The Materials do not constitute an offer to sell or a solicitation of an offer to buy, or a recommendation or commitment for any transaction involving the securities or financial products named or described herein, and are not intended as investment advice or as a confirmation of any transaction. Assumptions stated herein may or may not be valid. Externally sourced information contained in the Materials has been obtained or derived from sources we reasonably believe to be reliable, but Wells Fargo Securities makes no representation or warranty, express or implied, with respect thereto, and does not represent or guarantee that such information is accurate or complete. Such information is subject to change without notice and Wells Fargo Securities accepts no responsibility to update or keep it current. Wells Fargo Securities does not assume or accept any liability for any loss which may result from reliance thereon. Wells Fargo Securities and/or one or more of its affiliates may provide advice or may from time to time have proprietary positions in, or trade as principal in, any securities or other financial products that may be mentioned in the Materials, or in derivatives related thereto. Notwithstanding anything to the contrary contained in the Materials, all persons may disclose to any and all persons, without limitations of any kind, the U.S. federal, state or local tax treatment or tax structure of any transaction, any fact that may be relevant to understanding the U.S. federal, state or local tax treatment or tax structure of any transaction, and all materials of any kind (including opinions or other tax analyses) relating to such U.S. federal, state or local tax treatment or tax structure, other than the name of the parties or any other person named herein, or information that would permit identification of the parties or such other persons, and any pricing terms or nonpublic business or financial information that is unrelated to the U.S. federal, state or local tax treatment or tax structure of the transaction to the taxpayer and is not relevant to understanding the U.S. federal, state or local tax treatment or tax structure of the transaction to the taxpayer. Any opinions or estimates contained in the Materials represent the judgment of Wells Fargo Securities at this time, and are subject to change without notice. Interested parties are advised to contact Wells Fargo Securities for more information. Wells Fargo does not provide tax advice. Any tax statement herein regarding US federal tax is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties. Any such statement herein was written to support the marketing or promotion of a transaction or matter to which the statement relates. Each taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. If you have any questions or concerns about the disclosures presented herein, you should make those questions or concerns known immediately to Wells Fargo Securities. 2Q19 Page 120 of 162 *Preliminary; subject to change. FINANCING TIMETABLE DATE EVENT PARTY May 28 Note Purchaser distributes revised term sheet WF May 30 First drafts of financing documents submitted to working group KR June 3 Comments due to Kutak on initial draft documents ALL June 4 Revised financing documents sent to City for inclusion in Council packets KR June 10 1st Reading of Note Ordinance City, MA June 11 Conditional notice of call sent to 2009 bondholders KR June 24 2nd Reading of Note Ordinance City, MA June 27 Publication of ordinance City June 28 30 day Referendum Commences City July 29 Ordinance becomes effective ALL Aug 1 Note Closing ALL Responsible Party City of Englewood – City Stifel – MA Kutak Rock – KR Wells Fargo – WF S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August $2,700,000* City of Englewood General Obligation Refunding Note, Series 2019 Page 121 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: June 24, 2019 SUBJECT: CB 22 - Park Rules and Regulations DESCRIPTION: CB 22 - Park Rules and Regulations RECOMMENDATION: Staff recommends that Council approve, by Ordinance, the Park Rules and Regulations. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this Bill for an Ordinance. SUMMARY: Englewood Municipal Code (Title 1, Chapter 6, Article G, Section 1-6G-1) establishes the Department of Parks, Recreation and Library Services and directs the department to operate and maintain the golf course, ballfields, picnic shelters, playgrounds, beach or any other open space area owned and used by the City which is devoted to or designated for active or passive recreation. Additionally, Englewood Municipal Code (Title 11, Chapter 4, Sections 11-4-1 through 3) defines a 'park'; delegates to the City Manager or their staff authority to establish rules and regulations governing behavior and conduct of persons within parks, recreation facilities and open spaces as deemed necessary; designates the days and hours during which any park, facility or open spaces shall be open to the public and provides that it shall be unlawful for anyone to fail or refuse to obey the lawful order or rules and regulations of the City or the instructions of any sign posted by the City. ANALYSIS: The above mentioned standard rules and regulations are associated with protecting the health, safety and welfare of all wildlife and persons utilizing parks, open spaces and recreation facilities. Incorporating standard rules and regulations into the City's Municipal Code serves to aid notification to the public of such rules and regulations and improves compliance and enforcement of the rules and regulations. This amended Ordinance establishes the authority to adopt and put into action rules and regulations governing the behavior and conduct of persons using parks, recreation facilities and open spaces for the health, safety, welfare, protection and convenience of the public. Page 122 of 162 FINANCIAL IMPLICATIONS: Financial implications are minimal and may result in increased public notification in the form of additional signage, informational fliers, web site notifications and announcement in the Englewood Citizen. ALTERNATIVES: Council may choose to not approve the Ordinance as presented or may only approve portions of the Ordinance. ATTACHMENTS: Council Bill #22 Page 123 of 162 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 22 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOCIATION WITH ADOPTING BY ORDINANCE CERTAIN RULES AND REGULATIONS IN ASSOCIATION WITH ANY PARK, RESERVATION, PLAYGROUND, BEACH/SHORELINE, OR ANY OTHER OPEN AREA IN THE CITY, OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR PERMANENT BASIS. WHEREAS, Article XII of the Charter of the City of Englewood, Colorado mandates the planning and supervision of a community recreation program and requires the City Council to equip and maintain all parks, recreation areas and facilities owned or controlled by the City, whether located within or outside the City; WHEREAS, Article XII of the Charter of the City of Englewood, Colorado places the control of all recreational programs and facilities under the direction of the City Manager; WHEREAS, Title 1, Chapter 6, Article G, Section 1-6G-1 establishes the Department of Parks, Recreation and Library Services and directs such department to operate and maintain the golf course, ball fields, shelter houses, playgrounds, beach, or any other open area owned and used by the City devoted to or designated for active or passive recreation; WHEREAS, Title 11, Chapter 4, Section 11-4-1 defines ‘park’ as “[A]ny area used as a park, reservation, playground, beach, or any other open area in the City, owned or used by the City and devoted or designated to active or passive recreation, either on a temporary or permanent basis”; WHEREAS, Title 11, Chapter 4, Section 11-4-2 delegates to the City Manager, or his designee, the authority to adopt and promulgate such rules and regulations, governing behavior and conduct of persons within the parks and recreation facilities as deemed necessary; WHEREAS, Title 11, Chapter 4, Section 11-4-2 additionally provides, the City may designate the days and hours during which any park or recreation facility shall be open to the public and may designate at any time any Section or part of any park or recreation facility to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect; WHEREAS, Title 11, Chapter 4, Section 11-4-3(A) additionally provides it shall be unlawful for any person to fail or refuse to obey any lawful order or rules and regulations of the City Manager, or designee, or the instructions of any sign posted by the City Manager, or his designee, unless otherwise directed by a police officer; Page 124 of 162 2 WHEREAS, Certain standard rules and regulations associated with protecting the health, safety and welfare of all persons utilizing the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City which is devoted to or designated for active or passive recreation have been adopted by the City Manager, or the Manager’s Designee; and WHEREAS, Incorporating standard rules and regulations into the City’s Municipal Code serves to aid in notification of the public of such rules and regulations, and improves compliance with and enforcement of such rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 11, Chapter 4, Section 2. Title 11, Chapter 4, Section 2 of the Englewood Municipal Code shall be amended as follows: a. In order to have the parks and recreation facilities of this City used to the fullest extent consistent with an orderly use, there is hereby delegated to the City Manager, or his designee, the authority to adopt and promulgate such rules and regulations, governing behavior and conduct of persons within the parks and recreation facilities as he deems necessary. Notice of such rules and regulations shall be provided as appropriate, including posting on signs and/or posting on the City’s website, and/or as otherwise deemed applicable. b. Without in any manner limiting the foregoing authority, the City may designate the days and hours during which any park or recreation facility the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation shall be open to the public and may designate at any time any Section or part of any park, or recreation facility or any other open area owned and used by the City devoted to or designated for active or passive recreation to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect. c. In addition to any rules or regulations adopted pursuant to subsection a. above, the following general rules and regulations are hereby made applicable to the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation: 1. Destruction, removal or defacement of property is prohibited. 2. Use of parks, trails or open spaces is limited to the hours of 6:00 am to 11:00 pm. 3. All dogs shall remain on leash unless within a designated and posted off-leash area, during the hours such off-leash area is designated and posted for off-leash use. Attaching a leash to a dog but failing to secure the leash to a responsible person or within a responsible person’s hand does not comply with this provision. 4. All persons exercising a pet animal, including dogs, shall be responsible for immediately collecting and removing its waste, and for keeping such animal(s) under direct control at all times. 5. Any animal brought onto a City owned or controlled property must be properly licensed and vaccinated. Page 125 of 162 3 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 20th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2019 for thirty (30) days. Read by Title and passed on final reading on the 10th day of June, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 13th day of June, 2019. Published by title on the City’s official website beginning on the 12th day of June, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk Page 126 of 162 4 I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 127 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: June 24, 2019 SUBJECT: CB 27 - Wastewater System Service Agreement DESCRIPTION: CB 27 - Wastewater System Service Agreement RECOMMENDATION: Staff recommends City Council approve, by Ordinance, an agreement with South Englewood Sanitation District No. 1 for wastewater system services. PREVIOUS COUNCIL ACTION: Approval of Council Bill No.38 Ordinance No. 36 Series of 1993 on October 1,1993 SUMMARY: The City of Englewood and South Englewood Sanitation District No.1 entered into an agreement on October 1, 1993 wherein the City took over the sanitary sewer maintenance for the area of South Englewood Sanitation District within the City boundaries. This agreement was executed to provide the same level of service for all City residents. ANALYSIS: In reviewing the existing agreement, it was realized that the agreement omitted any adjustments for the payment by the District to the City section of the agreement. The payment was held flat. The City entered into talks with the District on January 15, 2019 to revisit the agreement. These discussions modified three sections of the existing agreement. The first being Section 3: Payments by the District. The charge for services was increased from $36,000.00 annually to $54,000.00 annually with an automatic increase of 2.5% every year during the term of the agreement. The second change was in Section 4: Services Provided. The new agreement eliminated all pipe replacement. The final change was in Section 12: Option to Renew. The term was increased from three months to six months prior to the end of the term for the parties to begin the renewal process. FINANCIAL IMPLICATIONS: The charge for services will increase from $36,000.00 annually to $54,000.00 annually with an automatic increase of 2.5% every year. The new payment adequately covers the City's cost of providing the service. ALTERNATIVES: Terminate service agreement and no longer provide the service. Page 128 of 162 CONCLUSION: Staff believes this agreement will be beneficial to both parties as well as the citizens of Englewood. ATTACHMENTS: Council Bill #27 Proposed Wastewater System Service Agreement Exisitng Wastewater System Service Agreement Page 129 of 162 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 27 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINE OF THE DISTRICT LOCATED WITHIN THE CITY BOUNDARIES WHEREAS, the City of Englewood and South Englewood Sanitation District No. 1 entered into a wastewater system service maintenance agreement on October 1, 1993; WHEREAS, the Englewood City Council approved the agreement by the passage of Ordinance No. 36, Series 1993; WHEREAS, since 1993 the amount charged by the City of Englewood to the District has remained at the 1993 amount; WHEREAS, the City of Englewood and District entered into negotiations to modify the existing agreement to provide an increase in the charge for services from $36,000.00 annually to $54,000.00 annually, with an automatic 2.5% increase each year thereafter; WHEREAS, the new agreement eliminates the City of Englewood’s responsibility for any capital improvements to the District’s sewer collection system, and the District will continue to own the lines; WHEREAS, the City will continue to annually clean and inspect all District lines, respond to emergency calls, take corrective actions and answer all inquiries concerning sanitary sewer service; WHEREAS, the new agreement provides for a six month notice to renew provision, instead of the three month notice in the former agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Wastewater System Service Agreement between South Englewood Sanitation District No. 1 and the City of Englewood for the maintenance and operation of that part of the sanitary sewer system of the District within the City of Englewood boundaries is hereby approved for a twenty year period and may be renewed for an additional ten (10) year period, is hereby approved. A copy of the Agreement is attached hereto as Exhibit 1. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the said Agreement for and on behalf of the City Council and City of Englewood. Introduced, read in full, and passed on first reading on the 10th day of June, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 13th day of June, 2019. Page 130 of 162 Published as a Bill for an Ordinance on the City’s official website beginning on the 12th day of June, 2019 for thirty (30) days. Read by Title and passed on final reading on the 24th day of June, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 27th day of June, 2019. Published by title on the City’s official website beginning on the 26th day of June, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 131 of 162 --E __ . \H\‘w.‘uIH|W.w,.;m..,uuil~Vu,r.‘!‘“V.4 .J 4.TI.aHILrl.1;J_If.i.).W.l._LI+.luu.|.r‘I.WmnH _ LNIHWnH“.\I‘uF.\F‘_‘_-W n.‘4.'5 .-____ --?hw.._.1_:+.Y1.+-.. \ L.-!.l1a.!-:._.:.,\.._1I..H L|a.hIL._,..., 4|.,..\..l,CI1.l_.r....:I..1".1|!.nI..IH.\mp;-Page 132 of 162 autumn8=5Umm:._n..m32.52_on£n._23::=8no..uo_.n8=:..=mon:8DE:m:n_=&:m9::2 ___a.2_ 8.$25.ea.~<.:mun2_o:m..83.323..do.uuéim.n_.n=_.n:_=:a=.nn=:o:..:..m:_8_n u&...m.:.n:G. 8::m=_._.mnn:2.u=_.u=_._.mnn=_n_:.n:::nnB_.3.:..m._3.Edo2__nUmu=.mn..mnPm2:n:?_onm.2_3.3::5 no.._...o_.u.n=_.:_Go..=_n05..n:._numa.8::o:m..,.__=.=>..250.?£2.:2u3<Eamn_.<.nnu=5.e<O=_Q.5 nc:mEn_.nm2....s_w:u_.o<o:.a:.m_:n_E..=:m18=:m:mm.3.._:__o_ncumamnm.:2.0:8. m.._om:_wnm33..25Uwin..2.50O5_.onom:.Nn=5._==:o_.o=m 3:28..:2. .B:m_:mmm8:=:om.numa.8::o:m..__§.m.22.2.:9....:8=505.2.9:am:8 05..5:=5._d=::n n_n::_:m:2._.:m.:_n:n:nnu:._:3.n_:n..mo:8._.omuo:un=_Edamas...=:ou.5....35.9.oz:E8 9. 3.2::805..:5.‘_:<o_<no_...n.._E..nEn._cm..=anuuoamnea.25..2.=5_...w=§:2.=5 03..<53: .E_d.Q8:833.5$3....5.3.25.wm_.nn.:n:..mnmE:w.n..__.o_=.nmn:=..:<nuon:5 05.n:.._:5 Quin. o=E.m2_SE.:3ounB.8:n_Beanscmin>m_.n2:o:.£3:Ban.8nmann:2.no<n_ou=5 u_.onn.._=_.nm8 an..o=o:.2_3Swano.._dE.:n.:&:.n:::on:2.2:n..mo:8.3€o:m2SE.Baton.8 :58 5.2. 9wnnoam..2505.s.=_..n:._n_._.n:o:mo::50.33%..:m:nn:o:.:.£:.n:m:nn...nu:__.m. m:._mn:n3_oun3:o:m2.25Uwindmm<m.n.:..<.._._:._._nno_._.o_.m.o==.=mo__.=.n05..o::£==._o.._w.ea; c:9.cnmonn=528o3_..o_.:o:=...o=o§:mown:2__..._.%.n.=.:n..93.5:58::onSW >m_.on_:n:_B8. 3.2::6:3:_u=m.:nmmQ8.:22:3.n.:n_.mn:ov.3muo:...o.u_.o<Eo_.ouo_..mown:2:n..mn:ow.Smuoamnm..5... SnUwin.2.::_.o<EnSnananm.22.2.32....a_nE_o:n_==.:wn..mon:5Orin}3:32 nnaoam8 :596...2.man:usnuomn. Hmaze.._.wmm.._.__oUW=..n_urn:no::::n8mo...E:mn_.m25::En D5.:2.=mmv.m.n=. _.3=om_.mass.538..=5no::nn=o:o:85»332..=:omo::8E3»am.“am:5 manonEmmaSE 5.0332."9.8..8=.on:.nn:<n9....o3Em>n_.nn_=o:..>3.:2.BBmoio_..32.8 So 35....“mw.m=...: 3....:2.3:5..::::n_..52..3.>m..nn.:n:.:2.=5QQJoc=mn:o:m8_...o<En.238 __n..2_:._n_.n:.._ m.=..=:9cono:mEn_.n._::n:_:_.mn:.n:.on:3mv.m_n_.:. a.o..<:n..m_..2_umn_=zam.zo_E:m.__=.:m>m..o2:o:.M3332.no:<nv.m8 ._..n05.:3. .:nEn:.mo_.o..<:n_.m_..€.n_o_:.:.o:o_....o:=.o_32..9.nae.::59.32..935....9.55.Hanna.8 E. cmna.axon.....o2_.nam...“ma?a:..n_.o.:.€_..n_..3...an:83can:._a2.2.._..._._=_£:8:n:an no:=.mn8_.. =5unnnmmea=on:mam_.::.2_8:5Q?:5Uwin?m..:n=§nmunmam51.2.8 :3 u_.oma_.=.2_3.=5 u..o<_mmc:mcram>m..nn:.o:..._._.nQQm_S__:93:o.3288n=m8::on..$.28.n:_:_.mn.3:<nw...332. 9.2.32.3Emuomncm:3.o_.:3U.iotaE__a....$2..:5no_.uo_.:_o==.=_..onan Q6.5.5.9::3 ozuamm_a§_§..<..=.n:no:mn:_o_.=.oU.m=..n_. PZom:_:_.2:3.ca52:.2on:_E.m2:n:_o..=_nUW:._o..mmw.m.n.:SE?:5 no_.vo..£n =_:=m:2...Q0.urn:.333¢:22.__.::omnm:&=:o:a_o_..=m::o:mo:._..n05..:18”:5 main W5.... 3.23‘can:263mmsize:E:n:9:n:.8.5.>m_.n2:n:rmE:2_3.ca...83......Zo.<?nE=8:mc.2: Emmao:nx.m=:m2.3.2..mn=__.nm.3::2.5oo:mEn_.2_m:n:_:Bn:.n:_o..=.n353:... 3.FE:.mun:o..=_nuanmnmswan8.3=mc_n32......9.<::om:mn:no3=5 _.n1.o::n:nn on51..oa:_w::o:u::._n_.in>m..nn.:n:..__.mm...._.n_.=..m:u:o:\Zo:._.n_.mo::::nn.m_§_a=5UW.1n.o..=_n03.mm:8 :.:n_v.vn....a:: :3.o_.=m2§.9.eno=.n_.§wn._n=_.=_=n:..:=5u3.=_n:_o_.un....E.:.::nnon:3.naimmo:0..nc:&:o:2. 5..>m_.nn=..n:..En=o:.un:.o:..::m.55.£5:.5=_._n..n:_..E:o:_v..52..<_..=n:.823 on:8 %2=.a n_n=:.__._n:n<ram32.E5:8=5:o:un1.o::.:n.35..n__oi:m.23.G8.5.ma...Bani.omman: 30:008n_.=do.._.2:2¢.En._o=:a=n:nw.9.u_d<mm.o:on:o:.un_._.o::::aa. =.:5:o:.nn....o::m:mcan?32:2_.2:n3.:m.._n=:a:n:nv.2.:o:.uo_...o=:::nn32:::5 u_.nmn_.=.2_.35.B8:3.man_.n_.8n_.=52.5..33..E53.8:...<E_oE35.5......._3 33..53 :5 M Page 133 of 162 Page 134 of 162 'i r;_.:". _, I ‘-1 =!.E '4‘, _I-—I.uuiur UB9 >3mm? m_nn_.u:.nnE.:_n.Q0.0.2» :._m U_m._._~_0._.n mocq:mzorméooo m>z_.a>:o .man_.n.mJ. moi:mu::m:o=o_m:§Zo. _ m_m:uE_.nmEd on 33.5.. ._.:m mzorméoouu Page 135 of 162 Page 136 of 162 mxxa?> .<>m..m§:.mx m<md<_mmwsnm>owmmzmz.. moca:mzorméooo m>Z_.~.>._._O2 29.29.20. _ uoczu>Emm ¢<_._._.=Z ._.:m O_._.<O...mzorméooo .m:>omo26>.Page 137 of 162 ..,W_§.m..m.._ . ...M Page 138 of 162 mx_.=m:m €>mqm..<>amm méamz mmz<_om >nwmm_smza mocazmzormzooum>z:>:oz uadcna Z0. _ Ezmm 0O_ZQ _2._.O OWOE...on .,=m 034 on mzormiooo _u....:_2.32SEE._._9<E5:505.. mos...0.250:29....o..mmm_mn_.2.2..«<3.8 Zm.._.o_n 9 9 :<=._UTE wo_.:_.0.3.60:5uE._.c.1:.u8_<mam.0.32..(<2.8 _<_E:.o_n 9 .9 9;:DEV mo=:.O_.=._$o=ESiam U1<n.<<nm.8 ZE...o_n 0.un.E:_u_.-:_. mo==.O_E._z.mo..Emum.n_.n_..E.mo.«<3.8 _<_w=_.o_nUm u.AZI UTE mo::.0_.=._G2.Bmum._.3.8=.«<2.8 Zm.._.o_a U c.E I 0.3 mo==.n_E._Go=Emam.._.=mm.«<3.8 _Su_.=.o_o 0..L.e<:._D_..$ mac...0.2.30:2mum.3.2.2.29.2.8 _Su_._.o_n 0.9.ISI 9.3 mum»On_..a==_m_><o_.=_n _§§§mac...252.3:E3 was 5:8...93%.(<2.8 _SE._.o_n_um.AZ:3. $3.mm=n<_3<8mos...52.9:2.22...._o ZE._.o_o I 2.as:_._...:a moi:mu=:.moD1<n.Zo:_.o3..:..m.22....3 _<_E..=o_o>5.CSI >-_5 Uwi?:3353:9.9:o._.=.n03: 22...E.rm_.9<><n==n.mo==.owEn _=_n:__.cE.m._.....<.m.2..mo_:_.8 Zm_.__.o_n I erAZ:3 we;En:moan.om$3.mn=n<_n.<.M2...8 _SE._.o_n I 3...as::.:a mac...maxEv_.n_.:nm(<8:mos...S _Sw=_.o_n I H...:<_I 2-3. ..<nm_0:._._n<2mac...mE.E mm.5.2.8 _<_E._.o_n>9 AZ:>.$ ZE...cn_._=mwmo...moan.m.£_2o2.mE::.=_o=Zo. _ U_m:.§Page 139 of 162 %§.%¢i.:. omEz>zomzo.Ilmnlooczon.m=..H.zo.ummmamm2..$8Eawoucomummooczon.amzmmwmwmmzame >2ONUHZEOM.>.Euw.O<HZQ.P.2EwmmamzammeémmzSE054owmznrmsoou.OOHOEUO.>2Umocemmzmrméooum>2E.>.H~OZEma?oa20._.wowHS.>HZ6mZ>ZOMommmsawEZMom.HEMEma?oeroo>amu§aEzHEM05.4moczutcmm. €mmwm>m.as93.onm=m_...§&EamannamumrmioommminmmoaEma:Zo.Heimrnom_.:m...53m:wmummiman£533:593..5:«armo<m_.as3.31:;E?anmamunm«S.2::m..mnom«rmmoan.ms?mioommwiwmmoauni:Z9.._.323$25.;rm0:?roE._mm:.mm“mam .émmwm>m.as93.:1:m==nm:v.Emu:mammamumonu:bin:r.=mm.53:.nom:mamummsnv.nm:m.nmwmmo3.mn$<m2:9:wanw=ms.m..m:Fn?immnoanmlmawmwamnmav.mmimummwinmnmam €mmxm>m.moan.m=m_m..<oommmasme.mini2:.u«i:noamunmS95..«rm::uman:1:cm~.mmvo:m=u_mwonnmu?lm=._u_.o<m5m_.:..m“wan €mmwm>m.:5OMS.5.:E:aswminmmosEma:«E.Emmnmimnma3=m&2_ m.<m»m3Ewmznmnwsnmrwmmmon:5wanna.""rm9?95:3E:E.oum_.nw.o£=m_.m25;::5mqmmumam §.Emm>m.how:msaammmmmonmUmnimmnas$32.mammm?mnwomanman05.Donna:nounmwnrrw9:_.=m_..nm..«<96rmEonHsmnnrm.33manmmuomarmn5.$3. 203.ammmmwowm.mm5.ONUEZMUmmHim054OOCZOFonHim05%.om.mzmrmsoou.OOVOWPUO.62>? m.m.nnb.nL...25¢<mmnm£mnm_.mv?nmimm..S.nm>m...mm_.:m_._nrmnimmamesa.m._m_2§amm::"mn_.o:9:1229Hmanas98‘cmm=m_m£oomwonnrmEmmanmamanmmumoumammo:cm.2::E1.om«rmmwamnmav.mm£m_.mwmnma.cmas93...:3%.:arm03%owm:m_m€oomrocnmmmmm_.m333mEu..o<mm3..wnr_.mm.v.mB.83:mm.533wuE.o<m._.>35.3.$5mn...mm_.:m=nmmm§%2_E33mammamowuoawnmm.535rw.32:25. :::aE2_.3353:.manunmmmmo:mam"..mmm_._._mas3.gnu.on.33..$3. v&_E_2_mmmwe3m:Ozruwaamon:5mm..5..2_.:._$8. wgarv.ismmumummmmm2.ma!..mn&=mon:5$2..mmv.o_..uEu..58. vsrrmrmrv.E;mmOnmmzmanmZoml.mmlmm2.$8.a:asSanmmv.3.55..88.Page 140 of 162 Page 141 of 162 Page 142 of 162 Page 143 of 162 2::..MM©.w.m.§ Hm.zonwnmm.woobonwnmmmcnmcmnnnonuwmNanmmambn uwmwoonmaznwnwum.moannmnnwmwmmBNHH:nmncnnnmnmwmnnmncmmnmmonWuhan amHw<mnmn.aonwnmwmwuouw<mDarmsnwnmw<mn~wmnnmmmmmnommnwomnrmmmnnwmm.awn:wcommnommnrmmnnw.mwnnonnmk.mmmowwotmu nomwno" armnwnwommbowmzooamwnxumzwnnomun.umumnnamnnomunwwwnwmmnwnmwnnonumw n\omnmzmnnm.moan»ammom.mmbnonw‘mcwnmmoouwnmnnonomGnwwwnwmmmnupmtoom.nomopwo o»oomoan?momnwmnnmmn maoymtoom.nomowwo mocnrmnnwmtoommmnwnwnwonuoawwmm.zmnnnnmuo,mun. Uwmnnwnn20.Hmnnonumwwon«rmUwmnnwnn n\omcombmm.ucbrma.mnmmwnmunm.o.maxmmmmmeowmoan:nwmnwmonmnnmmnrwnnamnou.nomowmw mnmHm2oom~nomowwo mmnrmwnnwmunmmmnonw<mnonwnmnonrmonwmnommbwnwmnnmnuwnmnmmnmmmnnmnw<mmon«yawnmmmnmmm. Hp.Kwmnm~Hm=mo:m.auwmmanmmamunnmmnmmmbnm«um noamwmnmcammnmnwummnuom«ummwnnwmm.mummmowoUM«ummwaumnunmomwnm nmmnmmmbnwnn<mmUmwoz.munmmm.no<mnmpnmmuntwnnwbnmno man zwnw «umonwmnnwmnmwnrrmmmcoomcnronwn%nomsnmnMano.uwna mumowwwomnm«ummmnnwmomzroamwnvmwonm.awummnnmmamnnBNK Don Um mmmwn?mmowmwnbmnumnnwzwn?ocn«numm<munmtnwnnmummmnocmwom «umonrwn»mummvmoononWmwam?ummonaomwmwmmomxnmwnM5tnwnwbo.cwwnuaompmwnunwoaonmambmambnmwmu?sononmmmmnnw<mannwo «um mmamHmnmncnmmnonnwnunnmummxmnnnmmowwon:mwnnwmmWmnmno. amm0HH&ommznumzooo”Page 144 of 162 : L S 3l L V OD'ureqrmT'0N LDIHLSIGNOILVJINVSGOOMETDNEHLDOSQUSPISSJJ3LDIHLSIQHHL‘?ogJava£63510:-9Page 145 of 162 (canvas).L3l8J_SlG NO|J.‘~7’_L|NVS GOO/‘V\3'l9N3.Q)mu.”-'P°<W?15U3I0 542::Jiqcg ..'(CIZOVES)EXIECDIG JO ZJZID ZEJ.NIEIIM"Q1 JDIEISIG bDI."LV$IN\iS GOC1\G'I5!.‘TlEHDSVZDIAIEISPEEKSHEJLWGJSVMuVuCLIEHXH‘Page 146 of 162 2--9 H0Umnwmmbmm.Hummmnnmm.mnni mdmnwmomwwmIummnnwoamon m.Hw?mmug" H5.onm.Hmbm mm.onm.b.._.5 pub.onm.Hmbm Page 147 of 162 wbmmswan:moo:Manonun nwnwu mo.nwmnwmounoun?on m.mmHHm<wm=.tmun no zm Uwnm. mo.owmnxmobanmmmnoxwamnmwwm.mambo.zmmnno gm Uwnm. mo.nwwnxmoawn<»xwpo un..town no xm uwnuw. mo.namnxuoumnM.nwmnmnno.tmmn no zm u»-~. mo.nwmnwmonanm.umwnou.tmuw no zm Duo. mo.nHmnwuouonm.acmnm.tmmn no zm own». inmo.romanwnm.mmHHm<wm£.sonar do xm n».w. :1m.nmunmbbwmuW<m.Umnsmmu mo.mrmnauumummo.vwbnowu. tmmnnozmmum. In2.mmHHm<wmzanmo.Hbom.uonnw no zm mum». Inmo.mmanmmmon.bonnw om aamnm.Donnr no mmw-w~. uwunnwowHHUWMnumnuponcanom«rm Owen" zonnuomvmuot.moan?om nun Honmnnnvmb m=um»<»mwoa. mocdrnozmmuog. mo.noun»moan?om2.mm~Hm<wm2.macaw no xm m-uom. 0.wononmnmnnwnmzmw.mosnr no xm mnoo. mmmommnnm zmmnno zm yum. .2_.qm3%madHnmamna:0: zwmamzwammmumamk mmw?nm wnmmmmmza Szmm ZNHGN no H260 OM Odd OW amm OHHH zm.u..:mn_:;m.zcaumnwbuHmmnoa Uwmnn...nn.m awmm. MNNHNHH :0: E..m§u..nn _.Page 148 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: June 24, 2019 SUBJECT: Resolution regarding salary adjust: City Attorney DESCRIPTION: Resolution regarding salary adjust: City Attorney RECOMMENDATION: The City Attorney requests approval of a Resolution Establishing the Annual Salary of the City Attorney. PREVIOUS COUNCIL ACTION: The City Council hired the City Attorney in 2016. The City Attorney assumed the duties of the position on April 2, 2017. The City Council has taken no action to provide for an annual salary adjustment for the City Attorney since she was employed. SUMMARY: The City annually reviews salaries for all employees and makes adjustments to reflect market salary levels, and such adjustments reflect an average increase of 3.1% annually. The Bureau of Labor Statistics has determined that the annual wage increase for an attorney in the Denver/Aurora/Lakewood area is 4.5% annually. FINANCIAL IMPLICATIONS: The City Attorney's Department Budget provides for an annual increase for all employees of the Department. ATTACHMENTS: Resolution Establishing The Annual Salary for the City Attorney Page 149 of 162 RESOLUTION NO. ___ SERIES OF 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of establishing compensation for the City Attorney; WHEREAS, the City Attorney assumed the duties of the position on April 2, 2017; WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels, and such adjustments reflect an average increase of 3.1% annually; WHEREAS, the City Council has not adjusted the salary of the City Attorney since she was hired by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Attorney shall be increased _____% commencing June 28, 2019. ADOPTED AND APPROVED this 24th day of June, 2019. ATTEST: _______________________________ Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 150 of 162 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: June 24, 2019 SUBJECT: Resolution approving City Manager Contract DESCRIPTION: Resolution approving City Manager Contract RECOMMENDATION: Request approval of a resolution appointing James Shawn Lewis as the City Manager, as well as, approval of an employment agreement. PREVIOUS COUNCIL ACTION: City Council started the search process to appoint a City Manager in December 2018. City Council met on six different occasions - February 4, 2019; May 28, 2019; May 30, 2019; June 3, 2019 and June 17, 2019. SUMMARY: City Council, on June 17, 2019, finalized their choice of interviewees to Mr. James Shawn Lewis. ANALYSIS: None CONCLUSION: After several months of searching for a candidate and several interview processes, City Council has selected Mr. James Shawn Lewis as their candidate for City Manager. ATTACHMENTS: Resolution Employment Agreement Page 151 of 162 RESOLUTION NO. _____ SERIES OF 2019 A RESOLUTION APPOINTING JAMES (SHAWN) LEWIS AS CITY MANAGER FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, upon the announcement of Eric Keck’s resignation from the position of City Manager, the City Council of Englewood began the process of hiring a new City Manager; WHEREAS, the city manager search process was designed to be in compliance with C.R.S. 24-6- 402(3.5); WHEREAS, on the December 18, 2018 Special Meeting, Acting Finance and Administrative Services Director Maria Sobota presented the Request For Proposals for the City Manager search; WHEREAS, on February 4, 2019 the City Council interviewed city manager search consultants at an open meeting and selected GOVHR USA; WHEREAS, GOVHR USA conducted individual interviews with the Council members to get an idea of traits and qualifications that were desired; WHEREAS, GOVHR USA posted a job opening for the City Manager position on March 25, 2019; WHEREAS, May 28, 2019 Council held an executive session to screen candidates and select finalists; WHEREAS, the three finalists were announced on May 30, 2019; WHEREAS, City Council interviewed the three finalists in a public session on June 3, 2019; WHEREAS, Council held a reception to gather public input the evening of June 3, 2019 WHEREAS, Council met in special session June 17, 2019 and selected a finalist; WHEREAS, GOVHR USA was directed by Council to negotiate with Mr. Lewis on June 17, 2019; WHEREAS, under authority of the Englewood Home Rule Charter, Article VII, Section 49, the City Council is empowered to appoint the City Manager who shall be the chief executive officer and head of the administrative branch of the City Government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: James (Shawn) Lewis shall be and is hereby appointed City Manager, commencing August 5, 2019, for an indefinite term as provided in Article VII, Section 49 of the Englewood Home Rule Charter, and in accordance with the employment agreement which is hereby approved, and attached hereto. Page 152 of 162 ADOPTED AND APPROVED this 24th day of June, 2019. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 153 of 162 1 of 9 pages CITY MANAGER EMPLOYMENT CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND CANDIDATE This Agreement, made this 24TH day of June, 2019 by and between the City of Englewood, Colorado, a municipal corporation organized and existing under the laws of the State of Colorado ("City"), and James Shawn Lewis, ("Manager" or "City Manager"). WITNESSETH: WHEREAS, the City of Englewood is a Home Rule City within the meaning of Article XX of the State of Colorado Constitution and is authorized to exercise and perform those powers and functions set out in its Home Rule Charter, as amended from time to time; WHEREAS, under Article VII of the Englewood Home Rule Charter (Charter), the City Council of the City of Englewood has the duty and power to appoint the City Manager under certain terms and conditions; WHEREAS, the City Council desires to: (1) secure and retain the services of the Manager and to provide inducement for him to remain in such employment; (2) make full work productivity possible by assuring the Manager's morale and peace of mind with respect to his future job security, (3) provide certain benefits, (4) establish certain conditions of employment, and (5) to set working conditions of employment for the Manager; WHEREAS, the Manager desires to accept employment as the City Manager of the City of Englewood, Colorado; WHEREAS, the parties acknowledge the Manager is a member of the International City/County Management Association, ("ICMA"), and the Manager is subject to the ICMA Code of Ethics; and WHEREAS, the parties hereto wish to set forth the employment relationship existing between them into written form. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. EMPLOYMENT — The City of Englewood, Colorado hereby employs Candidate and he hereby accepts employment under the terms and conditions hereinafter set forth. Anticipated start of employment is August 5, 2019. 2. DUTIES — The Manager is hereby retained as the City Manager for the City of Englewood, Colorado. The Manager's primary function shall be to serve as the City Manager in a Council- Manager form of government, and to perform the functions and duties specified in Article VII of the Page 154 of 162 2 of 9 pages Englewood Municipal Charter (“Charter”), all other duties set forth within the Charter, all duties set forth within the Englewood Municipal Code of Ordinances, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. The parties recognize that the Manager must devote a great deal of time outside the normal office hours to attend meetings of the City's various boards and commissions, community meetings, and activities on behalf of the City. The Manager will be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be paid compensatory time. 3. TERM — The City Manager serves at the pleasure of the City Council and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time, subject only to the provisions of this Contract for termination or resignation as hereinafter provided in Paragraph 14. This Agreement shall begin on August 5, 2019 and shall continue in force and effect unless/until terminated per the provisions of Paragraph 14. 4. RESIDENCY. During his tenure of office, the City Manager shall reside within the City of Englewood in accordance with Englewood Municipal Charter §49 . In recognition of the time necessary to locate and secure housing, and in recognition of the parties’ desire for Manager to assume the duties of his position at the earliest possible time, the parties agree Manager shall assume residency within the City on or before February 5, 2020 . 5. COMPENSATION - The City shall pay the Manager a salary of $ 172,500.00 annually, which falls within the range established for the position by the City Council. This salary shall be payable in accordance with the City's usual payroll practices. Subject to the provisions of this agreement as hereinafter provided, additional increases, if any, in the Manager's salary shall be determined by the City Council based on the Manager's performance. 6. EMPLOYEE BENEFITS - All provisions of the Charter, ordinances, policies and rules and regulations of the City relating to fringe benefits and working conditions, as they now exist or hereafter may be amended, shall also apply to the City Manager as they would to all other director level employees of the City, except for the benefits enumerated herein specifically for the benefit of the City Manager. A. Insurance: Maintain for the benefit of the Manager and his dependents, health, disability, dental, and vision insurance equal to that which is provided by the City to other director level employees. Life and Accidental Death and Dismemberment Insurance of one times annual salary. Page 155 of 162 3 of 9 pages Short Term Disability - 0-9 years of service: 780 hours annually; 10 years of service and thereafter: 1040 hours annually; Long-Term Disability - 60% of monthly salary to a maximum of Seven Thousand Dollars ($7,000) per month, after 6 months of disability; B. Retirement contributions: I CMA-RC 401 (a) Money Purchase Plan: City contributes ten percent (10%) and Employee contributes a minimum mandatory six percent (6%). There is an immediate one hundred percent (100%) vesting for City contributions. The City Manager shall have the option of contributing t o an ICMA-RC 457 Deferred Compensation Plan and an ICMA-RC payroll deduction Roth IRA. C. Paid Time Off, Sick Days and Holidays: The Manager shall receive paid time off benefits for sick days and holidays as established for Director level employees, except as otherwise set forth herein. The City Manager will be credited with an initial paid time off bank of two (2) weeks (80 hours) in consideration for benefits and leaves foregone by l eaving his prior position to accept the City Manager's position. Any unused portion of this initial paid time off bank of two (2) weeks shall be paid at time of separation if separation occurs pursuant to paragraphs 14.1., 14.2, or 14.4. There shall be no such payment if separation occurs pursuant to 14.3. Manager shall earn annual paid time off as follows: Four (4) weeks of paid time off during his first year of employment, and during the second and third year of employment; After three (3) years of satisfactory performance five (5) weeks of paid time off per year; and After five (5) years of satisfactory performance six (6) weeks of paid time off per year. In addition to the 80 hours of initial paid time off bank as set forth above, an additional maximum of 240 hours of unused paid time off may be paid at time of separation if separation occurs pursuant to paragraphs 14.1., 14.2, or 14.4. If separation occurs pursuant to 14.3 the Manager shall be limited to pay out of the 80 hours of initial paid time off bank. Page 156 of 162 4 of 9 pages Use of paid time off and personal leave, and payment for any accrued but unused paid time off at the time of separation, shall be in accordance with City policies and procedures unless otherwise stated within this Agreement. D. Personal Days: In lieu of compensatory time, the City agrees to provide the Manager with forty-eight hours per year of personal leave time. Personal days must be used in the calendar year in which they are accrued. E. Tuition Reimbursement: The City Manager will be eligible for tuition reimbursement, including Continuing Education and Professionalism courses, and program registration costs up to Two Thousand Dollars ($2,000) annually effective upon his commencement of employment with the City. F. Auto Allowance: The City Manager will be paid an auto allowance of Four Thousand Eight Hundred Dollars ($4,800) per year which will be prorated and paid at Four Hundred Dollars ($400) per month. G. Health and Fitness: The City Manager may be credited with up to Two Hundred and Fifty Dollars ($250.00) per year for fitness center passes, equipment, and other items that promote and enhance wellness. 7. RELOCATION EXPENSES - The City shall pay directly for the full cost of moving all household items of Manager and his family to Englewood. Said moving expenses to include packing, moving, storage costs, unpacking, and insurance charges. Manager agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest responsible bidder. 8. PROFESSIONAL DEVELOPMENT - The City encourages the Manager to participate in the activities of professional organizations to the extent such involvement will be beneficial to his performance as a City Manager. The Manager may attend professional organization conferences, meetings, seminars and workshops which will be beneficial to the City and to the Manager's performance of his responsibilities, including, but not limited to, the Annual Conference of the International City/County Management Association; meetings of Colorado city management organizations; and such other national, regional, state and local governmental groups and committees thereof of which the Manager or the City is a member, all subject to the prior approval of the Council. The Council shall not unreasonably withhold approval. 9. DUES AND SUBSCRIPTIONS - The City agrees to budget and to pay for the professional dues and subscriptions of the Manager necessary for his continuation and full participation in the International City/County Management Association (ICMA), and any other organization which will Page 157 of 162 5 of 9 pages contribute to the continued professional participation, growth and advancement of the Manager, and for the good of the City. 10. EXPENSE REIMBURSEMENT - The City shall reimburse the Manager for all reasonable necessary employment related expenses. The City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by the Manager, and hereby agrees to reimburse or to pay said verified general expenses ordinarily and necessarily included in the performance of his duties as Manager. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense vouchers, receipts, or statements, provided, however, that adequate funds for such reimbursement must have been previously budgeted. 11. WORKING FACILITIES AND EQUIPMENT - The Manager shall be provided with working facilities and staff suitable to his position and adequate for the performance of his duties. The City recognizes the need for the Manager to be reachable by phone and/or e-mail during such times when the Manager is not in the City Hall. Accordingly, the Manager shall be permitted to have a cellular telephone, and a laptop computer. The City shall pay for the purchase of such devices and their monthly usage fees. 12. CONFLICT OF INTEREST PROVISIONS - During employment with the City, the Manager shall not spend non-City work hours teaching, consulting or in any other non-City connected for-profit business without the prior approval of Council. It is further understood and agreed that because of the duties of the City Manager within and on behalf of the City of Englewood and its citizenry, the City Manager shall not, during the term of this Agreement, individually, as a partner, joint-venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of Englewood, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or real property improvements within the corporate limits of the City of Englewood, without the prior approval of Council. 13. PERFORMANCE EVALUATION/INTENT TO RENEW A. The City Council shall review and evaluate the performance of the Manager on or before April 15th of each year. This review and evaluation shall be in accordance with specific criteria developed jointly by the Manager and the City Council. The criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with Page 158 of 162 6 of 9 pages the Manager. The Manager shall not be penalized for any area of job performance that was not addressed by the Council prior to the evaluation and for which the Manager was not given instruction and opportunity for improvement or correction. B. The City Council and the Manager, on or before April 15th of each year during the term of this Agreement, shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives, and shall further establish a relative priority of those various goals and objectives, such goals and objectives to be reduced to writing. C. In effecting the provisions of this Section, the City Council and the Manager mutually agree to abide by the provisions of applicable law. D. Following the annual performance review, the City Council will determine what additional employment compensation, if any, shall be given to the Manager based on the Manager's performance. 14. TERMINATION OF EMPLOYMENT - Notwithstanding anything contrary, this Contract may be terminated as follows: 14.1 Voluntary Resignation - The Manager, upon thirty (30) days prior notice to the City Council, may resign from his position of employment. 14.2 Mutual Agreement of the Parties Hereto. The contract may be terminated by mutual agreement of the parties, in which case the Manager shall receive no severance pay otherwise agreed to by the City Council. 14.3 Termination by City with Cause — The City may remove the Manager and terminate this Agreement at any time by a majority vote of the members of the City Council for cause, which for purposes of this agreement shall be defined as follows: (l ) the conviction of the Manager of a felony or misdemeanor involving moral turpitude; (2) working while under the influence of drugs or alcohol; (3) willful political activity involving the support of candidates for any elected municipal position while working on City time; (4) the abandonment by the Manager of his position without cause, as job abandonment is defined within the City’s personnel policy; and (5) the Manager's inability to perform his duties because of permanent disability, or a loss of mental capacity as determined by a court of law, for a period of four (4) successive weeks beyond any leave and benefit time. Page 159 of 162 7 of 9 pages In the event that the Contract is terminated by the City at any time for one or more of the causes described in this section, the Manager shall be entitled only to payment of accrued paid time off, and compensation which has accrued at the date of termination. 14.4 Termination by City without Cause – If the Manager is terminated for a reason besides the causes defined in subparagraph 14.3, the City will provide the Manager with written notice. In the event of a termination without cause, the Manager shall receive payment for accrued paid time off in accordance with Paragraph 6(C) above. In addition, the City will pay severance in an amount equal to three months of the Manager’s annual compensation at the then rate in effect, payable every two weeks following the date of termination for a period of time equal to two (2) months following the date of termination. The Manager shall continue to receive full health and life insurance benefits and retirement benefits during the severance pay term, or until such benefits are made available through another employer. After the first year of service the severance package shall be increased to four months of paid leave. After the second year of service the severance package shall be increased to five months of paid leave. After the third year of service the severance package shall be increased to six months of paid leave. 15. COLORADO GOVERNMENTAL IMMUNITIES ACT- The City shall defend the Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Ma nager's duties as City Manager, including the monetary limitations and rights, immunities, and protections provided by the Colorado Governmental Immunities Act (“CGIA”), C.R.S. 24-10-101, et seq., as from time to time amended. 16. FORM OF GOVERNMENT - In the event the City of Englewood, Colorado changes its form of government or Charter during the term of this Agreement, this contact shall remain in full force and effect. 17. WAIVER OF BREACH - The waiver by either party of a breach of any provision of this contract shall not operate or be construed as a waiver of any subsequent breach by the parties. 18. ENTIRE AGREEMENT - This instrument contains the entire Agreement between the parties. It may not be changed orally, but only by an agreement signed by the parties. Page 160 of 162 8 of 9 pages 19. OTHER TERMS AND CONDITIONS OF EMPLOYMENT - A. The City Council, in consultation with the Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the charter or any other statute, law, rule or regulation. B. All provisions of the City Charter and Code, and regulations and rules of the City relating to Paid Time Off and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the Manager as they would to other Director level employees of the City. 20. GENERAL PROVISIONS - A. This Agreement shall be governed as to its validity and effect by the laws of the State of Colorado. B. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed by registered or certified mail, postage prepaid, addressed to Manager at his address as it appears in the records of the City, or addressed to the City, attention of the Mayor, with a copy to the City Clerk at their offic es in Englewood, Colorado. C. This Agreement is one for personal services to be provided by Manager only and may not be assigned. D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall not be affected by such ruling and shall remain in full force and effect. E. Each party has cooperated with the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party on the basis of that party being the "drafter". F. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. G. This Agreement shall become effective upon adoption and approval by the City Council of the City of Englewood. [the remainder of this page left intentionally blank] Page 161 of 162 9 of 9 pages IN WITNESS WHEREOF, the City of Englewood, Colorado has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested by its City Clerk on the date written below, and Manager has approved and accepted this Employment Agreement. CITY OF ENGLEWOOD, A Colorado municipal corporation By:____________________________________ Mayor Linda Olson 1000 Englewood Parkway Englewood, CO 80110 ATTEST: ________________________________________ Stephanie, Carlile, City Clerk ________________________________________ Date JAMES (SHAWN) LEWIS By:____________________________________ Date:__________________________________ Page 162 of 162