HomeMy WebLinkAbout2016 Ordinance No. 007•
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ORDINANCE NO . .2_
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO . 5
INTRODUCED BY COUNCIL
MEMBER Gil..LIT
AN ORDINANCE AUTHORIZING AN AMENDMENT TO AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH
PLATTE RIVER AT OXFORD A VENUE AGREEMENT NO. 11-07.25D BETWEEN THE CITY
OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT,
ARAPAHOE COUNTY, THE CITY OF SHERIDAN AND THE SOUTH SUBURBAN PARKS
AND RECREATION DISTRICT REGARDING RIVERRUN TRAILHEAD.
WHEREAS, the purpose of this Agreement is the construction of drainage and flood control
improvements for the South Platter River at Oxford Avenue {"Project"}; and
WHEREAS, the implementation Agreement and this Amendment define the responsibilities
and financial commitments of all of the parties; and
WHEREAS, the implementation Agreement and this Amendment defines the financial
commibnents and responsibilities of the parties regarding maintenance of the project; and
WHEREAS, the "Principles of Cooperation" Agreement outlines the implementation strategy
for the South Platte River at Oxford Avenue improvement project with the goal of promoting a
healthy river in an attractive setting which creates a quality recreational experience; and
WHEREAS, in 2011 the Urban Drainage and Flood Control District and the Colorado Water
Conservation Board entered into an intergovernmental agreement entitled " Agreement
Regarding Construction of Drainage and Flood Control Improvements for South Platte River at
Oxford Avenue" {Agreement NO. 11-07.25); and
WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water
Conservation Board and Arapahoe County entered into "Amendment to Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford
Avenue -Agreement No . 11-07 .25B" which added the City of Englewood, the City of Sheridan
and the South Suburban Parks and Recreation District as participants by the passage of
Ordinance No . 50, Series of2014; and
WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water
Conservation Board and Arapahoe County entered into "Agreement Regarding Construction of
Drainage and Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No . 11 07.25C} in 2015; and
WHEREAS , the Englewood City Council authorized an amendment to the Intergovernmental
Agreement regarding the construction of drainage and flood control improvements for South
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Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants and added additional funding for final design to increase the level of funding by $3,020,000, by the passage of Ordinance No. 43, Series of2015; and
WHEREAS, the County Commissioners, the City of Sheridan and the City of Englewood, the Board of Directors of South Suburban Parks and Recreation District and the Urban Drainage and Flood Control District have authorized, by appropriation or resolution, all of Project costs of the respective Parties and establishing funding for the RiverRun Project; and
WHEREAS, the passage of this proposed ordinance approves an Intergovernmental Agreement entitled "Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements For South Platte River At Oxford Avenue -Agreement No. 11-07 .25D" amending funding for the River Run Project and formalizes the 2016 funding of $1,025,000 to the RiverRun Project from the City of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section l. The City Council of the City of Englewood, Colorado hereby authorizes "Amendment To Agreement Regarding Construction of Drainage And Flood Control Improvements For South Platte River At Oxford Avenue" Agreement No. 11-07 .25D, between Urban Drainage and Flood Control District, Board of County Commissioners Arapahoe County, City of Englewood, City of Sheridan and South Suburban Parks and Recreation District regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue, attached hereto as Exhibit A.
Section 2. The Mayor and City Clerk are hereby authorized to sign and atte st, the "Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" Agreement No. 11-07 .25D, for and on behalf of the City Council of the City of Englewood, Colorado.
Section 3. There are no federal funds being used by Englewood on this Project. Englewood funds are from Open Space and Shareback funds.
Introduced, read in full, and passed on first reading on the 1st day of February, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of February, 2016.
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Published as a Bill for an Ordinance on the City's official website beginning on the 3111 day of
February, 2016 for thirty (30) days.
Read by title and passed on final reading on the 16th day of February, 2016.
Published by title in the City's official newspaper as Ordinance No. 2., Series of 2016, on
the 18th day of February, 2016.
Published by title on the City's official website beginning on the 171JJ day of
February, 2016 for thirty (30) days.
ATTEST:
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is }Jfll.e copy of the Ordinance passed on final readin
.
g and publish ed by
title as Ordinance No.+ Series of 2016 .
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AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLATTE RIVER AT OXFORD A VENUE
Agreement No. 11-07.250
THIS AGREEMENT, made this ____ ._ day of _______ _.2016, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
ARAPAHOE COUNTY (hereinafter called "COUNTY"), CITY OF ENGLEWOOD (hereinafter called
"ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN''), SOUfH SUBURBAN
PARKS AND RECREATION DISTRICT (hereinafter called "SSPR"), and collectively known as
"PARTIES";
WITNESSETH:
WHEREAS, DISTRICT and COLORADO WATER CONSERVATION BOARD (hereinafter
called "CWCB"} have entered into "Agreement Regarding Construction of Drainage and Flood Control
Improvements for South Platte River at Oxford Avenue" (Agreement No. 11-07.25) dated December 8,
2011; and
WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No . 1 l-07.25A) dated April 17, 2014,
WHEREAS, DISTRICT, CWCB, COUNTY, ENGLEWOOD, SHERIDAN, and SSPR have
entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South
Platte River llt Oxford Avenue" (Agreement No. 1 l-07.25C) dated December 3, 2015); and
WHEREAS, CWCB's contribution for design have been fulfilled and will no longer wilJ be party
to the Agreement; and
WHEREAS, PARTIES now desire to add additional funding for construction; and
WHEREAS, PARTIES desire to increase the level of funding by $2,531,500; and
WHEREAS, the County Commissioners of COUNfY, the City Council of SHERIDAN and
ENGLEWOOD the Board of Directors of SSPR and DISTRICT have authorized , by appropriation or
resolution, all of PROJECT costs of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
4. PROJECT COSTS ANO ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be limited to the following:
1. Final design
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2. Construction of improvements;
3. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed $8,643,500
without amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
rrnM A,SAMENDEll fB;VIQUSLX
AMENDED
1. Final Design 1,470,000 $1,470,000
2. Construction 7,173,500 4,642,000
3. Contingency -0-
Grand Total $8,643,500 $6,112,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the
total expenditures do not exceed the maximum contribution by all PARTIES plus
accrued interest
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each
party shall be:
Percentage Previously Additional Maximum
Sbm Contribgter;I Contribytism Contribgtion
DISTRICT 27.15% $1,547,000 $800,000 $2,347,000
CWCB 1.72% $149,000 $-0-$149,000
COUNTY 38.44% $2,891,000 $431,500 $3,322,500
SHERIDAN 10.41% $625,000 $275,000 $900,000
ENGLEWOOD 19.38% $650,000 $1,025,000 $1,675,000
SSPR 2.90% $250,000 $-0-$250,000
TOTAL 100.00% $6,112,000 $2,531,500 $8,643,500
The City of Englewood contribution to the project is $130,000 directly contracted
with CONSULT ANT to design the Broken Tee Trailhead located on the northeast
corner of Oxford Avenue and the South Platte River,
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2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49,
Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-
half share may come from its own revenue sources or from funds received from state, federal
or other sources of funding without limitation and without prior Board approval.
Payment of each party's full share (CWCB -$149,000, COUNTY -$3,322,500, SHERIDAN
-$900,000, ENGLEWOOD -$1,675,000; SSPR-$250,000; DISTRICT-$2,347,000) shall
be made to DISTRICT subsequent to execution of this Agreement and within 30 days of
request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT
in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as
defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well
as a periodic notification to COUNTY of any unpaid obligations. Any interest earned by the
monies contributed by PARTIES shall be accrued to the special fund established by
DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval
by the contracting officers (Paragraph 13).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share
of such monies, which shares shall be computed as were the original shares.
3. All other terms and conditions of Agreement No. 11-07.25 shall remain in full force and effect.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year fust above written.
(SEAL)
ATIE.ST:
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Title Executive Director
Date. ___________ _
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For the Board of County Commissioners
ARAPAHOECOUNTY
By: _______________ _
Authorization pursuant to Resolution 150211
Title: Director, Open Space and Intergovemental Relations
Date: _______________ _
(SEAL)
AITEST:
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\dcm'4gnnnt\l l\l 1072SD 4
CITY OF SHERIDAN
(SEAL)
ATTEST:
\dcm\Dgnnnt\11\110725D s
By ___________ _ • Title, __________ _
Date. __________ _
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(SEAL)
ATTEST:
Loucrishia A. Ellis
City Clerk
\dcm\iipmnt\11\110725D 6
CITY OF ENGLEWOOD
By ___________ _
Joe Jefferson
Title. ___ .:;.M;;.;;a.,Y..;:;;o;.::;;r ......... ____ _
Date __________ _
(SEAL)
ATI'EST:
\dcm\agnnnt\11\110725D 7
SOUTH SUBURBAN PARKS AND
RECREATION DISTRICT
By ___________ _
Title. __________ _
Date. __________ _
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COUNCIL COMMUNICATION
eating Date: Agenda Item: Subject:
bruary 16, 2016 9bi Amendment to Agreement
regarding RiverRun Trailhead-2nd
Reading
Initiated By: Staff Source:
Department of Parks, Recreation and Dorothy Hargrove, Parks, Recreation and Library Director
Library
COUNCIL GOAL
The development of parks and access to open space supports the City's mission to promote and ensure a high
quality of life, economic vitality, and a uniquely desirable community identity.
PREVIOUS COUNCIL ACTION
• Council Bill No. 48, Ordinance No. 43, series of 2015, authorizing an amendment to the Intergovernmental
Agreement regarding the construction of drainage and flood control improvements for South Platte River at
Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation
Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South
Suburban Parks and Recreation District as participants.
• Resolution No. 87, Series of 2015, authorizing The City's Arapahoe County Open Space grant application
for the construction of the River Run Trailhead Phase II.
• Council Bill No. 25, Ordinance No. 27, series of 2015, authorizing an intergovernmental agreement with
Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300,000 for
A the construction of the River Run Trailhead Phase I.
W Resolution No. 6, Series of 2015, authorizing The City's Arapahoe County Open Space grant application
for the construction of the River Run Trailhead Phase I.
• Council Bill No. 56 , Ordinance No. 50, series of 2014, authorizing an Intergovernmental Agreement
regarding the construction of drainage and flood control improvements for South Platte River at Oxford
Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board
and Arapahoe County by adding the City of Englewood , the City of Sheridan and the South Suburban
Parks and Recreation District as participants .
• Resolution No. 38, Series of 2014, authorizing $100,000 funding for River Run Project support from
Arapahoe County Open Space Fund.
• Council Bill No. 41, Ordinance No. 38, Series of 2011, authorizing an Intergovernmental Agreement
accepting the 2010 Riverside Park Planning grant between Arapahoe County and the City of Englewood,
Colorado.
• Resolution No . 89 Series of 2010, in support of the City's Arapahoe County Open Space (ACOS) grant
application for the Riverside Park Planning grant.
RECOMMENDED ACTION
Staff recommends City Council adopt a bill for an ordinance, on second reading, to approve an
Intergovernmental Agreement amending the previous agreement (Council Bill No . 48, Ordinance No. 43, series
of 2015), which amended funding for the RiverRun Project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Working Group is a consortium of interested parties whose goal is to make improvements
g the South Platte River. The intent is to provide better accessibility to the river for recreational use. South
e Working Group members include; City of Englewood, City of Sheridan, City of Littleton, Arapahoe
County, South Suburban Parks and Recreation District, the Colorado Water Conservation Board, Urban
Drainage and Flood Control District, the Army Corp of Engineers and other interested parties.
The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford
Avenue known as "RiverRun Project". Key projects in the area include a passive walking/biking trail on the east
side of the river, new kayak shoots in the river at Oxford Avenue, channelization of the river for faster water
flow, improvements for fishing and recreation access and the development of the RiverRun Trailhead
(northeast comer of Oxford Avenue and the South Platte River) at Broken Tee Golf Course.
The South Platte Working Group Project Funding Summary Table is included as part of the Amendment to the
Funding Agreement between the City of Englewood, Urban Drainage and Flood Control District, the City of
Sheridan, South Suburban Parks and Recreation District and Arapahoe County. The agreement formalizes
the 2016 funding of $1,025,000 to the RiverRun Project from the City of Englewood.
FINANCIAL IMPACT
Funding Sources:
2015 Arapahoe County Open Space Grant Phase II
2015 Conservation Trust Fund
2015 Open Space Fund
LIST OF ATTACHMENTS
Ordinance
Total-
$ 500,000
$ 75,000
$ 450,000
$1,025,000
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COUNCIL COMMUNICATION
C>eetlng Date: Agenda Item: Subject:
bruary 1, 2016 11ai Amendment to Agreement
regarding RiverRun Trailhead
Initiated By: Staff Source:
Department of Parks, Recreation and Dorothy Hargrove, Parks , Recreation and Library Director
Library Joe Sack, Recreation Services Manager
COUNCIL GOAL
The development of parks and access to open space supports the City's mission to promote and ensure a high
quality of life, economic vitality, and a uniquely desirable community identity.
PREVIOUS COUNCIL ACTION
• Council Bill No . 48, Ordinance No. 43, series of 2015, authorizing an amendment to the Intergovernmental
Agreement regarding the construction of drainage and flood control improvements for South Platte River at
Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation
Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South
Suburban Parks and Recreation District as participants.
• Resolution No. 87, Series of 2015, authorizing The City's Arapahoe County Open Space grant application
for the construction of the River Run Trailhead Phase II.
• Council Bill No. 25, Ordinance No. 27, series of 2015, authorizing an intergovernmental agreement with
Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300,000 for
the construction of the River Run Trailhead Phase I.
• Resolution No . 6, Series of 2015, authorizing The City's Arapahoe County Open Space grant application
for the construction of the River Run Trailhead Phase I.
Council Bill No . 56, Ordinance No . 50, series of 2014, authorizing an Intergovernmental Agreement
regarding the construction of drainage and flood control improvements for South Platte River at Oxford
Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board
and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban
Parks and Recreation District as participants .
• Resolution No. 38, Series of 2014, authorizing $100,000 funding for River Run Project support from
Arapahoe County Open Space Fund.
• Council Bill No. 41, Ordinance No. 38, Series of 2011, authorizing an Intergovernmental Agreement
accepting the 2010 Riverside Park Planning grant between Arapahoe County and the City of Englewood,
Colorado.
• Resolution No. 89 Series of 2010, in support of the City's Arapahoe County Open Space (ACOS) grant
application for the Riverside Park Planning grant.
RECOMMENDED ACTION
Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement
amending the previous agreement (Council Bill No . 48, Ordinance No. 43, series of 2015), which amended
funding for the RiverRun Project .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Working Group is a consortium of interested parties whose goal is to make improvements
along the South Platte River. The intent is to provide better accessibility to the river for recreational use. South
Platte Working Group members include ; City of Englewood, City of Sheridan, City of Littleton, Arapahoe
unty, South Suburban Parks and Recreation District, the Colorado Water Conservation Board , Urban
inage and Flood Control District, the Army Corp of Engineers and other interested parties .
The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford
Avenue known as "RiverRun Projecr. Key projects in the area include a passive walking/biking trail on the east
side of the river, new kayak shoots in the river at Oxford Avenue, channelization of the river for faster water
flow, improvements for fishing and recreation access and the development of the RiverRun Trailhead
(northeast comer of Oxford Avenue and the South Platte River) at Broken Tee Golf Course.
The South Platte Working Group Project Funding Summary Table is included as part of the Amendment to the
Funding Agreement between the City of Englewood, Urban Drainage and Flood Control District, the City of
Sheridan, South Suburban Parks and Recreation District and Arapahoe County. The agreement formalizes
the 2016 funding of $1,025,000 to the RiverRun Project from the City of Englewood.
FINANCIAL IMPACT
Funding Sources:
2015 Arapahoe County Open Space Grant Phase II
2015 Conservation Trust Fund
2015 Open Space Fund
LIST OF ATTACHMENTS
Ordinance
Total-
$ 500,000
$ 75,000
$ 450,000
$1,025,000
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