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HomeMy WebLinkAbout2014-11-03 (Regular) Meeting Agenda Packet1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. Agenda for the Regular Meeting of the Englewood City Council Monday, November 3, 2014 7:30 pm Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 5. Consideration of Minutes of Previous Session . a. Minutes from the Regular City Council Meeting of October 20, 2014. 6 . Recognition of Scheduled Public Comment. (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.) a. The winners of the Fire Prevention Week Poster Contest will be recognized. b . Colleen Mello, Executive Director of the Greater Englewood Chamber of Commerce will be present to request an in-kind donation of the Community Room for the 2014 Chamber Holiday Party. 7. Recognition of Unscheduled Public Comment. (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.) Council Response to Public Comment. 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. Englewood City Council Agenda November 3, 2014 Page 2 8. Communications, Proclamations, and Appointments. a. Email from Michael Buchanan announcing his resignation from the Public Library Board effective January 15, 2015. b. Email from Michael Buchanan announcing his resignation from the Liquor and Medical Marijuana Licensing Authority effective January 15, 2015. c. Email from Michael Buchanan announcing his resignation from the Urban Renewal Authoirty effective January 15, 2015. d . Recommendation from the Public Library Board to remove Cristine Challis as a regular member due to poor attendance. e. Approved minutes from the Code Enforcement Advisory Committee accepting the verbal resignation of Dave Walker. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. i. Council Bill No. 65 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing Supplement #38 for inclusion of land within the South Arapahoe Sanitation District. Staff Source: Stewart H. Fonda, Director of Utilities . ii. Council Bill No. 66 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing Sanitary Sewer Supplement #5 for inclusion of land within the Cherry Hills Village Sanitation District. Staff Source: Stewart H. Fonda, Director of Utilities. iii. Council Bill No. 67 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing approval of the City of Cherry Hills Village Sanitation District Wastewater Connector's Agreement. Staff Source: Stewart H. Fonda, Director of Utilities . iv. Council Bill No. 68 -Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance authorizing the execution and delivery of . a First Supplement to Financing Agreement for the Boy Scouts of America. Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approval of Ordinances on Second Reading. i. Council Bill No. 60, authorizing Supplement #23 to the Wastewater Connector's Agreement with the Valley Sanitation District for inclusion of land within the district. 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. Englewood City Council Ag e nda November 3, 2014 Page 3 ii . Council Bill No. 61 , approving an intergovernmental agreement accepting ownership and maintenance of a bicycle /pedestrian trail constructed by South Suburban Park and Recreation District through the northwest corner of Belleview Park. iii. Council Bill No. 62, authorizing a license agreement for crossing City Ditch and a construction easement with South Suburban Parks and Recreation District for the Big Dry Creek Trail connection . iv. Council Bill No. 63, authorizing an Encroachment Agreement for the construction of upper level balconies and a canopy with Bannock Club, LLC at 201 Englewood Parkway. c. Resolutions and Motions. i. Recommendation from the Community Development Department to adopt a resolution authorizing the City of Englewood 's participation in LiveWell Colorado's Healthy Eating, Active Living (HEAL) Cities Campaign. Staff Source: Alan White, Community Development Director. ii . Recommendation from the Finance and Administrative Services Department to approve a resolution approving changes and updates to the City of Englewood Investment Policy. Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services . iii . Recommendation from the Englewood Water and Sewer Board to approve, by motion, a contract for the rehabilitation of the Mclellan deep well pump. Staff recommends awarding the contract to the lowest acceptable bidder, Colorado Pump Service & Supply Co. in the amount of $56,044. Staff Source: Stewart H. Fonda, Director of Utilities. 10. Public Hearing Items. (None Scheduled) 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. i. Council Bill No. 54, adopting the City of Englewood Budget [as amended] for Fiscal Year 2015 . ii. Council Bill No. 55, appropriating funds [as corrected] for the City of Englewood for Fiscal Year 2015. iii. Council Bill No. 64, authorizing a User Agreement with the Metropolitan Area Communications Center Authority regarding fire dispatch services. Please note: If you have a di sability and need auxiliary aids or services, please notify the City of Englewood (303-7 62-2405 ) at least 48 hours in advance of when services are nee ded. Englewood City Council Agenda November 3, 2014 Page 4 c. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. 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. Fire Prevention Week Poster Contest Winner Recognition Fire Prevention Week was October 5-11 th this year. Fire Prevention team visited all 6 elementary schools in Englewood, and ECE Maddox. The theme (set by the National Fire Protection Association) was "Working Smoke Alarms Save Lives". Approximately 1900 students heard the message during the week. THANK YOU to those who made this week possible: Colene VerCande, Greg Weaver, Jason Hehn, Reggie Black, Mark Jacobson, John Weigel, Aron Gamer, Derrick Jennings, and Chris Shafer. For the sixth year, the Englewood Fire Department sponsored a poster contest for grades K-6. Each classroom had the opportunity to create a poster that embodied the message of Fire Prevention Week. Posters were judged by the City of Englewood Department Directors . All three winning classes were from the St. Louis School: o 1st place -Mrs. Zakovich. o 2"d place -Ms. Futterman. o 3rd place -Mrs. Walsh. Congratulations to all of our winners! 4th grade. 5th grade 1st grade PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT November 3 , 2014 PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES PLEASE PRINT NAME ADDRESS TOPIC BRING ! healthy eating ········and active living TO YOUR COMMUNITY : ,, ~,~ LiveWell Colorado HEAL CITIES & TOWNS CAMPAIGN W hat makes a city or town healthy? It's about more than nice views, clean surroundings and a busy economy. Healthy cities offer environments that give residents plenty of opportunities to be physically active and eat healthy foods. Bike lanes, recreation centers, farmers' markets -these are the kind of 21st century resources that make towns vital and attractive to both home buyers and businesses. People want to work and live in a place that makes it easy to live well. HEADED IN THE RIGHT DIRECTION The HEAL (Healthy Eating Active Living) Cities & Towns Campaign of Colorado is a partnership between LiveWell Colorado and the Colorado Municipal League (CML) The campaign provides training and technical assistance to help city offic1ols adopt policies that improve access to physical activity and healthy food. At Live Well Colorado, we know that supporting healthy choices is essential to addressing the obesity epidemic among Colorado's children and adults. We're confident we con make great headway by partnering with municipal officials to make this happen THE INTERSECTION OF DUALITY & LIFE As a civic leader, you con and do make meaningful differences in people's lives. O ne way to effect change is by developing and implementi ng policies that help residents toke steps toward healt hier, more active living. Our HEAL Cities & Towns Campaign makes it a ll so easy First. jo ining is free . And second. our knowledgeable, helpful staff provides assis ta nce in crofti ng these policies. shoring the workload. Choose your goals, and together we con help lift the quality of your residents' lives. GET MOVING ON A SMART INVESTMENT Healthier communities lead to healthier people -the som e people who work for your local businesses or as municipal employees. So, it makes bottom-line sense to become a HE AL City or Town. It helps prevent and reduce obesity and related conditions. cut down on lost productivity and curb health core costs. Better yet, your healthy c ity makes the top of the lis t when business leaders and residents ore deciding where to relocate. Joining the Campaign is a smart. long-term investment. JUST THE MOMENTUM YOU NEED Joining the Campaign is free and easy Our staff assists in drafting a resolution, which outlines the focus o f yo ur policy oreo(s) Once the resolution is forma lly adopted. your town becomes a m e mber of the Campaign You then hove access to our free sup p ort and training, help ing turn your policy goals into reality JOIN THE HEAL CITIES & TOWNS CAMPAIGN LIVEWELLCOLORADO.ORG/HEALCAMPAIGN Fifty-eight percent of adults and nearly a quarter of children in Colorado are overweight or obese.' The current adult obesity rate of 20.9 percent, which makes us the "leanest" state today, would have made us the "fattest" state in 1995.ii • Colorado spent $1.637 billion treating diseases and conditions related to obesity in 2009.iii • If Colorado's adult obesity rate returned to 1996 levels, Colorado employers and employees could save an estimated $228.9 million annually in health care costs.iv 1 Behavioral Risk Factor Surveillance System, Centers for Disease Control and Prevention. 201Q " The 2012 Colorado Health Report Card, The Colorado Health Foundation. 2013; Obesity Trends, Centers for Disease Control and Prevention. 2012. "'Trogdon. JG., Finkelstein. EA F\!agan. CW, Cohen. JW (2012). State-and Payer Specific Estimates of Annual Medical Expenditures Allributable to Obesity, Obesity. 1Q214-22Q ~Keeping Colorado Competitive: Roadmap to a Healthier, More Productive Workforce (Supplement to the 2012 Colorado Health Report Card), The Colorado Health Foundation. 2013. Get Moving, Be Healthy C ities and towns hold the key for citizens to become more active and lead healthier lives. Adopting policies with an eye on access to active living in your municipality's physical environments, civic leaders can enhance the lives of everyone who calls your city or town home. THE OUTSIDE AFFECTS THE INSIDE Safe sidewalks and crossings. parks. bike paths. recreation centers -these are a ll elements in outside environments that play a ro le in people's health. And while personal responsibility plays a key ro le in health. communities also share this responsibility by providing safe physical environments that encourage residents to be active. As we a ll know, a healthier population is better for everyone. And a walkable and bikeable community helps improve the health of residents and employees. thereby also leading to a pote nti al reduction in health care costs. safer community environments. improved quality of life and economic development by attracting companies looking to relocate. When your municipality ioins the HE AL Cities & Towns Campaign. you will receive valuable assistance in developing policies to create or improve p hysical environments. Take a look below at several ways we can help. 1. HEALTHY PLANNING Many cities in Colorado are using th e ir p lanning processes to address the obesity epidemic. including the following • In tegrating health throughout the city's comprehensive plan or developing a health-focused c hapter that sets the stage for policies to improve residents' access to active living. including open space. p arks and recreati on. • Developing a focus on smart growth. an approach for developing communities where h omes. iobs. schools and places to play are near each ot h er and linked by walking, biking and transit • Increasing park and open sp ace acreage through the comprehensive p lan b y p rioritizing city purchases of public or conservation easements. and allocating existing open spaces such as vacant or underutili zed lands for parks. trails and p laygrounds. 2. HEALTHY ZONING ANO DESIGN GUIDELINES You can a lso encourage more active living in your town through zoning. Zoning for compact. mixed-use and transit-oriented developments allows and encourages res idents to walk o r b ike to meet the ir daily needs. Street design is another popular approach. Cities can establish design guidelines and standards for pedestrian corridors and roadways that support walking and biking Guidelines might include: • Using universal design and "complete streets" principles • En h ancing the con nectivity between streets and trails Offi cials in Aurora adopted the Su stainable Infill and Redevelopment (S IR) Zone District -a great example of how a city can use zoning as a means of generating economic development while also improving access to active living for its residents. The S IR Zone District allows for mixed-use development and provides more choices and opportunities in places where Aurora residents can live and start bu sinesses . SIR also identifies goals such as the creation of quality buildings and public spaces that attract people, and the completion of bike/ pedestrian connections. A walkable and bikeable~ community helps improve the health of residents an employees. .... . . . . . ...... JOIN THE HEAL CITIES & TOWNS CAMPAIGN LIVEWELLCOLORADO.ORG/HEALCAMPAIGN • Calming traffic to slow down vehicles • Using streetscaping such as vegetation, trees and art installations to make walking and biking more pleasurable 3. HEALTHY INFRASTRUCTURE INVESTMENT Support infrastructure that encourages walking. b iking and access to recreation. and you will be rewarded with healthier, happier residents. Use your town's Capital Improvements Program (CIP) to prioritize and allocate sufficient funding for infrastructure that supports walking and biking. including the following: • Build-out and ensure connec ti on of sidewalks • Provide safe crossings considering adequate signage, lighting and access • Designate bike lanes and paths 4. HEALTHY PARTNERSHIPS Utilize jo in t-use agreements to increase recreational opportunities. • Partne r with school districts to share the costs, building and maintenance of recreation facilities LiveWell Colorado HEAL CITIES & TOWNS CAMPAIGN CO 'A 'T JS 10D!\\ HEAL CITIES & TOWNS CAMPAIGN The HEAL (Hea lthy Eating and Active Living) Ci ties & Towns Campaign provides tra ini ng an d tec hni cal assistanc e to hel p mu nicipa l off icials ad opt polici es that imp rove the ir comm uni ties' acces s to physi ca l activity and healthy foo d. Making the heal thy cho ice th e ea sy c hoice is essent ial to addre ss ing Colorado's adul t an d chi ldh ood obesity epidemi c , a clear toll on both ou r hea lth and ec onomy. A partner ship between LiveWell Colo rado and the Colorado Municipal League, th e HEAL Citi es & Towns Ca mpai gn is fu nded through a gra nt from the Colorado Departm ent of Public Health and Environm ent's Cance r, Cardiovasc ul ar Di sease an d Pulmo na ry Di sease Grant Prog ram and supported by Kaiser Perman ente. The Campaign is modeled after the HEAL Cit ies Campai gn c reated by the California Center for Publi c Hea lth Ad vocacy and funded by Kai ser Perma- nente . The Cam paig n is fu rther suppo rt ed by th e HEAL Nati on network. FC OR TOWN Juli e George. HEAL Cities & Towns Campaign Director 720.353.4120 x217 · juliegeorge@Iivewellcolorado.org Live WellColorado.org/HEALCampaign 0 LiveWellColo livewellco livewellco LiveWellColorado ©2013 COPY RI G HT L I VE WEL L COLORADO. ALL R IGHTS RES ER VED. The Town of Oak Creek created a Rec - reation Master Plan, a strong example of how a rural town can embrace active living via policy. The plan sets forth a roadmap to make the highest and best use of public lands in order to improve access to recreation and encourage healthy living. With this plan in place, town officials quickly recognized the need to connect the community through trails. Consequently, a Trail Plan was developed to establish connections for pedestrians and cyclists, and improve the safety and conditions for foot and bike travel. Join the HEAL Cities &: Towns Campaign and share your successes www.livewellcoloraorg/ healcampaign This fact sheet is one in a series providing background information and policy ideas for healthy cities and towns. A Key Ingredient to a Healthy City Cities and towns hold a powerful health incentive that makes a real difference in the lives of residents. With a little planning, and help from the HEAL Cities & Towns Campaign, the difference can be found right outside a resident's place of business or home. When people live near stores or markets that sell vegetables and fruits, they're more likely to eat this fresh, nutritious food. PROXIMITY ANO BALANCED CHOICES MATTER Doto shows that the likelihood of having diabetes and obesity is higher for people who live in neighborhoods where fast-food res taurants a nd convenience stores ore more numerous than grocery stores and produce v endors1. For municipal leaders who wont to lower health core costs and encourage healthy lifestyles, increasing residents' access to healthy food is key And we con help Healthy food promotes healthy living, and helps win Colorado's figh t against obesity And preventing and reducing obesity cuts down on lost productivity and health core costs, improves quality of life for residents. and attracts new businesses. Joining the HEA L Cities & Towns Campaign is a win-win for everyone who calls your city or town home. We con provide valuable assistance in developing policies. resolut ions or programs that improve residents· access to healthy food including those listed below ATTRACT HEALTHY FOOD OPTIONS There ore lots of ways for your town to attract more retailers of healt hy foods. • Promote farmers ' markets -They create a desti nation. encourage neighbors to get to know one another. support local agriculture, and bring healthy food to your residents. • Encourage community gardens -Produ ce b ecomes local and affordable when community gardens ore in place. wi th the added bonus that residents toke port in community-building and exercise. • Promote healthy food retail -It can be a complex endeavor to attract grocery stores and produce markets. But with collaboration among community partners, you con attract healt hy food retailers through tax breaks, grants and loans. land assembly conditional use zoning, and more. • Prioritize health goals in redevelopment areas -Redevelopment agencies can be a great partn er to bring in retailers of healthy foods. When proposed development projects come up, they can include health goals, like access to healthy food as a general policy or on a case-by-case basis. • Increase access for all residents -Federal food assistance programs ore critical to increasing low-income residents' access to healthy food Civic leaders can work wi th local human services and formers' markets to accept EBT. WIC and Senior Formers' Market Program vouchers. 'California Center for Public Healthy Advocacy, UCLA Center for Health Policy Research, Policy Li nk . 2008. Designed for Disease. The Link Between Local Food Environments and Obesity and Diabetes The City of Cortez has partnered with LiveWell Montezuma, Montezuma School to Farm and Cooking Matters to provide the low-cost program Fantastic Food, Fitness, and Farm!, a five-day camp fo r participants 6th through 12th grade. Chefs, provided by Cooking Matters, teach the participants how to prepare delicious food straight from a local farm. Montezuma School to Farm provides a local farm for the participants to tour and harvest for their upcoming cu li nary needs. They also educate the partic ipants abo ut where the food they eat comes from. Each morning when the participants arrive at camp, they spend the first hour with a recreation center trainer for a fitness rout ine that includes a variety of disciplines like Zumba, country line dancing, yoga and boot camp. JOIN THE HEAL CITIES & TOWNS CAMPAIGN LIVEWELLCOLORADO .ORG/HEALCAMPAIGN When people live near stores or markets that sell vegetables and fruits, they're more likely to eat this fresh, nutritious food. LiveWell Colorado HEAL CITIES & TOWNS CAMPAIGN HEAL CITIES & TOWNS CAMPAIGN The HEAL (Healthy Eating and Act ive Living) Cities & Towns Campaign provides training and technica l assistance to he lp mun ic ipa l officials adopt polic ies that improve thei r com muni ties' access to physical activ ity and healthy food. Making the he al thy choice the easy choice is essential to address ing Colorado's adult and ch ild ho od obesity epidemic, a clear toll on both our hea lt h and economy. A partne rsh ip between LiveWell Co lorado and the Co lorado Municipa l League , the HEA L Cit ies & Towns Campa ign is funded through a grant fro m the Co lorado Department of Public Health and Env ironment's Cancer, Cardiovascular Disease and Pulmonary Disease Grant Progra m and supported by Kaiser Permanente. The Campaign is modeled after the HEAL Citi es Campaig n c reated by the California Center for Pub lic Health Advocacy and funded by Kaiser Perma- nente. The Campa ign is further supported by th e HEAL Nation network. C O NTACT US TODAY TO BECOME A HI: TOWN Julie George, HEAL Cilies & Towns Comprngn Director 720.353.4120 x217 · juliegeorge@livewellcolorado.org Live WellColorado.org/HEALCampaign 0 LiveWellColo livewellco livewellco Live We II Colorado ©2013 COPYRIGHT LIVEWELL COLORADO. ALL RIGHTS RESERVED. The Greeley Farmer's Market is a bustling center of community activity that is well supported and staffed by the city itself. In order for low-income families to benefit from the fresh produce sold at the market, the City began accepting SNAP (Supplemental Nutrition Assistance Program, formerly food stamps) benefits in 2007. SNAP transactions doubled in the fi rst th ree years, so city officials secured a grant to implement a Double Value Coupons (DVC) program -providing a "match" for SNAP clients for up to $20 of fresh produce. In 2012, the DVC program drew 55 new SNAP participants to the market. With this success, the City plans to seek additional funding to expand the program. For over 25 years, the City of Wheat Ridge Forestry Section has partnered with Wheat Ridge commun ity garden- ers and the Wheat Ridge Men's Garden Club to establish and manage Happiness Gardens. Happiness Gardens is a com- munity garden, managed by the city's own volunteers, that sits on a one-acre plot of publicly ow ned land. Gardeners rent one of 90 plots from the city at a rate of $25 per plot per year. In return, the city provi des tilled lan d, water, and some vegetable and fiower plants. The garden also houses ten raised beds, accessible for gardeners of all physical abilities at no charge. Join the HEAL Cities le Towns Campaign and share your successes www.livewellcolorad.org/ healcampaign This fact sheet is one in a series providing background information and policy ideas for healthy cities and towns. . .... Improve Your Employees' Health and City's Fiscal Health A healthy, productive work force is a top priority for any business to succeed. That goes for cities and towns, too. By promoting healthy choices at work, municipal employers across Colorado can provide the access, opportunity, support and encouragement needed for workers to actively participate in improving their personal health, and thereby your city's fiscal health. You see. obesity doesn"t 1ust impact our waistlines. It impacts our bott om lines. From increased health care costs to higher rates of employee absenteeism. obesity affects the well -being and prosperity of the companies and organizations that help drive our state's economy Supporting your employees with healthy workplace policies has a host of potential benefits: • Increased productivity • Fewer sick days • Increased morale • A positive impact on health care costs • A positive impact on employee recruitment and retention Joining the HEAL Cities & Towns Campaign may be the best move you ever make for the health of your employees and your bottom line. The Campaign can help you develop low or no-cost personnel and workplace policies that make a real impact. Here are four examples of healthy workplace initiatives with which we can help 1. EMPLOYEE WELLNESS POLICIES Crafting a wellness policy makes it official. Your city outlines the specifics of your wellness program. the desired objectives and the means to achieve them. Your policy might involve creating a Wellness Committee, who assesses the nutrition and physical activity environment within your workplace. and surveys employees about their needs and interests. Policies might also cover healthy catering guidelines for work events. allowing space for fitness equipment or supporting flexible work schedules to allow participation in wellness activities. 2. ACCESS TO HEALTHY FOOD & BEVERAGES Setting healthy guidelines for vending machine food and beverages is a great opportunity for cities to create an environment that supports healthy c hoices. Foods consumed from vending machines. through concessions. and at other public food- service establishments are often high in calori es, fat. sugar and salt. Making healthy food available at municipal buildings is one way to address obesity and overweight by enabling employees and visitors to eat a healthy diet The City of Brush is leading by example. Immediately after joining the HEAL Cities & Towns Campaign, the City Council changed its snack policy for Council meetings. In stead of having sweets and sodas, the Council now serves fruit. cheese, nuts and water. It's simple changes like this that begin to change the way we all think about healthy eating. 3:1 ROI FOR EVERY $1 DOLLAR SPENT BY EMPLOYERS IN WORKPLACE WELLNESS PROGRAMS, THERE WAS AN AVERAGE SAVINGS OF MORE THAN $3 t ' Baicker, Katherine, DaVid Cutler, and Zirui 2010. Workplace wellness programs can savings . Health Affairs 29(2): 304-311. ..... JOIN THE HEAL CITIES & TOWNS CAMPAIGN LIVEWELLCOLORADO.ORG/HEALCAMPAIGN 3. HEALTHY BREAKS DURING THE WORK DAY Some towns are b uildin g health b reaks or healthy behaviors right into the workday • Take active breaks: Just one JO-minute physical acti vity break each day is beneficial. It stimulates muscles in the body as well as the mind. • Encourage walking meetmgs: Employees can enioy a change of scenery, boost energy get some fresh air and burn a few calories too. • Turn those stairwells in to exercise routines : By unlocking doors to stairwells and providing adequate lighting, you can e ncourage employees to use them instead of the elevator. 4. HEALTHY MEETINGS Meeti ngs often comprise a maior part of a municipal employee's day Sometimes, those meetings come with unhealthy foods and beverages. as well as si tti ng for long periods of time. Keep these work gatherings healthy by developing a healthy meeti ng policy It might outline g uide lin es for healthy food and drink like making frui t and veg et able s available or serving water instead of sugary drinks. Likewise. your poli cy could include activity b reaks for longer meetin gs to keep attendees alert and focused. LiveWell Colorado HEAL CITIES & TOWNS CAMPAIGN HEAL CITIES & TOWNS CAMPAIGN The HEAL (Hea lthy Eating and Active Livin g) Cities & Towns Campa ign provides training and technical assis tance to he lp municipal officials adopt policies tha t improve the ir commun it ies' access to phys ical act ivity and healthy food . Making the heal thy cho ice the easy choice is essential to add ressing Colorado's adult an d chi ldhood obesity epidemic, a clear toll on both our health and economy. A partnersh ip between LiveWel l Colorado and the Co lorado Municipal League, the HEAL Cities & Towns Campaign is funded through a grant from the Colorado Department of Pub lic Health and Env ironme nt's Cancer, Ca rdiovasc ul ar Disease and Pu lmonary Disease Grant Program and supported by Ka iser Permanente. The Campa ign is modeled after the HEAL Cities Campaign c reated by the Ca lifornia Center for Pub lic Health Advocacy and funde d by Kaiser Perma- nente. The Campaign is further supported by the HEAL Nation network. C ( rl.C" US TODAY TC" BECCM fOWN Julie George, HEAL Cities & Towns Campaign Director 720.353.4120 x217 · juliegeorge@livewellcolorado.org Live WellColorado.org/HEALCampaign 0 LiveWellColo livewellco livewellco LiveWellColorado ©2013 COPYRIGHT LIVEWELL COLORADO . ALL RIGHTS RESERVED. The City of Littleton va lues act ive living and encourages healthy living through many city programs . Through its employee bike program, employees can travel to meetings or between city buildings via bicycle . As an added bonus, employees can use the bikes for exercise over their lun ch hour or after work. The city purchased the bikes using a grant from Tri County Heal th Department and they are ma intained by the loca l bike shop, Arapahoe Cyclery, where the bikes were orig in ally pur- chased . What a great public/private partnersh ip! COlORADO SPENT $1.&31 BILLION TREATING DISEASES AND CONDITIONS RELATED TO OBESITY IN 800811 1 Trogdon, J.G., Finkelstein, EA Feagan, C.W., Cohen, J.W. (2012). State-and Payer Specific Estimates of Annual Medical Expendrtures Attributable to Obesity, Obesrty, 1 o, 214-220. This fact sheet is one in a series providing background information and policy ideas for healthy cities and towns. CAMPAIGN POLICY AREAS Policies concerning land use, planning, zoning, infrastructure develop- ment, etc. CAMPAIGN LEVELS Policies regarding farmers' markets , urban agriculture, ways to attract healthy food vendors and more Policies that increase opportunities for physical activity and healthy eating for municipal employees Our goal is to help you build a super healthy city But we also recognize that each town moves at it s own pace. That's why we've developed four graduated categories of HEAL Cities & Towns. As you work with us to achieve each new level, we offe r additional rec- ognition through the use of the HEAL logo for your website. press releases and more. We provide the resources. expertise and inspiration, and you sustain the momentum to reach th e highest level of healthy eating and active living for your c ity Eager Cities & Towns join the Campaign by adopting a HEAL Cities & Towns Campaign Resolution, expressing the intent to work with us on ·-t-···-;~::;f :~?;;z;~::::::,::~~;;~:~i::::~~;~~:j~,: our Campaign by submitting this policy as well as adopting a resolution ...... J..... ;::.;s::;;~:;:;;:;e~~;,;:; ;:;~~;l .. Hs;;;;;~~~li~y· Fit Cities & Towns are those that have adopted a policy in each of our three ···········±·· .. ········· ... ~.~:'.'.~~.~.~~~'.~:. .. ~~~.~~.~.~~~!.~'.~'.~.~.~.~~ .. ~.~~.~~.i~~ ........................................................ . Elite Cities & Towns have adopted the three policies described in our Fit category plus two additional policies, bringing the total to five policies. TAKE THE HIGH ROAD TO HEALTH The HEAL Cit ies & Towns Campaign is free. With technical assistance from our experts, it's time efficient You also gain the satisfaction of helping your fellow residents improve their health Plus. by boosting the overall appeal of your city or town in the eyes of prospective new businesses and residents, it's a smart economic development move. Why not get started today? Join your colleagues all across Colorado in the HEA L Cities & Towns Campaign Contact Julie George, HEAL Cities & Towns Campaign Director, at juliegeorge@livewellcolorado.org or 720.353.4120 x217 Visit LiveWellColorado.org/HEALCampaign for more details. • Technical assistance on policy work • Branding components including 'tse of Campaign logo • Media relations assistance I • Recognition at CML regional meetings and various CML events • Plaque to display in your municip ~ building • Recognition in quarterly newsletter MUNICIPALITIES THAT JOINED IN 2013: Aurora Leadville Bennett Littleton Brush Manitou Springs Buena Vista Milliken Commerce City Oak Creek Cortez Salida Denver Steamboat Frederick Thornton Lamar A HEAlTHY PARTNERSHIP A partnership between Live Well Colorado and the Colorado Municipal League. the HEAL Cities & Towns Campaign is funded through a grant from the Colorado Department of Public Health and Environment's Cancer. Cardiovascular Disease and Pulmonary Disease Grant Program and supported by Kaiser Permanente. ABO UT COLORADO MUNICIPAL LEAGUE (CMU ~ J The Colorado Municipal League (CML) is a nonprofit, nonpar-CM L tisan organization that has served and represented Colorado's t H•i!iWAi85H cities and towns since 1923. Currently, 265 of Colorado's 271 --.o1c __ ,C/Ufl_,,._, municipalities are members of CML and benefit from advocacy, information and training services. CML's mission is twofold: to represent cities and towns collectively in matters before the state and federal government, and to provide a wide range of information services to assist municipa l officials in managing their governments. ABOUT LIVEWELL COLORADO LiveWell Colorado is a nonprofit organization committed to preventing and reducing obesity in Colorado by promoting he althy e ating and active living. Working in partner- ship with obesity prevention efforts across the state. Live Well Colorado aims to provide every Coloradan with access to healthy foods and opportunities for physical activity in the places they live , work. learn and play Live Well Colorado was established in 2009 through generous funding by its strategic partners and funders . the Colorado Health Foundation and Kaiser Permanente. and in partnership with the Colorado Department of Public Health and Environment ( ,, ~,,, LiveWelr COLORAD O Julie George, HEAL Citzes & Towns Campaign Director 720.353.4120 x217 · juliegeorge@livewellcolorado.org Live WellColorado.org/HEALCampaign • 'N Live We if Coto iiveweiico fiveweiico Live We if Colorado LIVEWELL COLORADO IS A NONPROFIT ORGANIZATION COM M ITTED TO REDUCI NG O B ESITY IN COLORADO BY PROMOTING HEALTHY EATING AND ACT I VE L I VING. ©2013 COPYRIG H T LIVE W E L L COLORADO. ALL RIGHTS RESERVED. ADVISORY COMMITTEE The 10-member Adviso ry Committee provides valuable leadership, feedback and guidance to the Campaign The Committee lends the Campaign the mu- nicipal insider's view and champions the role of municipalities in promoting HEAL CHARLES BAYLEY* Mayor Pro Tern. Bennett. CO MIKE BRAATEN Deputy City Manager; Littleton. CO RENE BULLOCK Mayor Pro Tern. Commerce City. CO PAMELA GOULD Council Member; Golden. CO SHANE HALE City Manager; Cortez. CO NIKKI KNOEBEL Mayor; Oak Creek CO JAN MARTIN* Council Member. Colorado Sp rings. CO NICOLE NICOLETTA Council Member; Manito u Sprin g s, CO VICKY QUINLIN Council Member; Bru sh. CO HEIDI WILLIAMS Mayor; Th ornton, CO *Colorado Municipal League execut ive board member Last updated February 2014 • • • October 17, 1014 Michael Buchanan 301 W Lehow Ave, #12 Englewood, CO 80110 Mark Adams, Chair Englewood Library Board Dear Mark, Sent via email It is with regret that I tender my resignation from the Englewood Library Board, effective January 15, 2015. Please let me know if you have any questions or if I may provide additional information. Michael Buchanan cc: Dorothy Hargrove, Director of Library Services Deb Parker, Recording Secretary Jill Wilson, City Council Liaison 8a • • • October 20, 2014 Michael Buchanan 301 WLehow Ave, #12 Englewood, CO 80110 Diane Ostmeyer, Chair Englewood Liquor and Medical Marijuana Licensing Authority Sent via email Dear Diane, It is with regret that I tender my resignation from the Englewood Liquor and Medical Marijuana Licensing Authority, effective January 22, 2015. Please let me know if you have any questions or if I may provide additional information. Sincerely, ~ 8b • • • October 20, 2014 Michael Buchanan 301 W Lebow Ave, #12 Englewood, CO 80110 Laura Phelps Rogers, Chair Englewood Urban Renewal Authority Dear Laura, Sent via email It is with regret that I tender my resignation from the Englewood Urban Renewal Authority, effective January 15, 2015. Please let me know if you have any questions or if I may provide additional information. Sincerely~ ~an 8c •• -&~ p~ ,.e~ g'<UVU( 1000 Englewood Parkway, Englewood, CO 80110 303-762-2572 www .englewoodgov.org Excerpted from minutes: Call To Order/Roll Call MINUTES Englewood Public Library Board September 9, 2014 Chair Mark Adams called the meeting to order at 7:00 p .m . PRESENT: Mark Adams, Michael Buchanan , Philippe Ernewein , Amy Martinez, Melissa Izzo , Jill Wilson (Englewood City Council member), Michelle Mayer, Julie Grazulis, Chad Glover (Youth Member), and Duane Tucker (Englewood Public School Board member) ABSENT: Cristine Challis (unexcused), Stephanie McNutt (excused) Also Present: Dorothy Hargrove, Director of Library Services, and Deb Parker, Recording Secretary 14-12 -A motion was made that the position currently held by our unexcused Board Member be listed as a vacancy for the next applicat ion process . • Library Director's Note: The Board member referred to in the motion is Ms .Cristine Challis. • Moved by : Mr. Buchanan Seconded by : Ms . Martinez The Motion passed unanimously. There being no further business, Mr. Adams adjourned the meeting at 8 :32 p .m. The next regular meeting will be held on Tuesday, October 14, 2014 at 7:00 p.m . -1 - 8d • • • I. Call to Order Englewood Code Enforcement Advisory Committee Meeting Minutes Wednesday July 15, 2014 Meeting called to order by Interim : M . Berger Time: 6:37 p.m. Roll Call Members Present : M. Berger, J . Jordan, D . Cohn, A. Fryxell Members Absent: C . Michels Alternate Member: Vacant Council Members Present: B. Mccaslin, R. Gillit Council Member Absent: Ex-officio Members Present: M. Flaherty, M. McKay, K . Kennedy Ex-officio Members Absent: Guests : None II. Approval of Minutes Member M . Berger made a motion to approve the minutes for May 2 I, 20 I 4 . The motion was seconded by Member A. Fryxell. The minutes were unanimously approved. II. Open Public Forum IV. Guest: None Topic: New Business A. Election of CEAC Chair. Member M . Berger nominated herself as Chair; Member D. Cohn seconded the motion. The motion carried unanimously . B. Election ofCEAC Vice Chair, Member M. Berger nominated Member D. Cohn, Member A. Fryxell, seconded the motion . The motion carried unanimously . C. Appointment of Alternate A . Fryxell to Board Member and Re-appointment of Member M. Berger. D . Resignation of Member D . Walker from the CEAC Board . V. Unfinished Business A. Public Right of Way over 72 hours . Discussion: On the agenda for ET AC consideration. B. Ordinance regulations for hotel /motel and multi-family residences Discussion: Building and Safety to entertain this issue. VI. Code Enforcement May-June Statistical Report VII: Topics for Next Meeting IX. A . City Attorney 's opinion on publicizing names of adjudicated chronic offenders of code violations. B . Council response to 14-132, dead trees on private property. Adjournment Motion by Member M . Berger to adjourn and seconded by Member D . Cohn. The motion unanimously carried . Time Adjourned: 7:30 p.m . Submitted by: _ _.M~ar=k~M~cK=ay..._ __ _ 8e • COUNCIL COMMUNICATION Date Agenda Item Subject November 3, 2014 9 a i S. Arapahoe Sanitation District Supplement #38 INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION The Water and Sewer Board, at their September 9, 2014 meeting, recommended Council approval of a bill for an ordinance authorizing the South Arapahoe Sanitation District Supplement #38. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment outside of the City of Englewood through contracts with • numerous connector districts. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the South Arapahoe Sanitation District. A request was made by the South Arapahoe Sanitation District representing the owner, Aspen Academy Investment Fund, for inclusion of Supplement #38 consisting of a parcel totaling 4.047 acres into the South Arapahoe Sanitation District. Through an error, it was believed that this parcel was in the Southgate Sanitation District, but was actually located in the South Arapahoe Sanitation District. The Petition for Exclusion hearing from the Southgate Sanitation District was July 8, 2014, and was recorded on July 15, 2014. The property is located on the corner of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0 PUD, which is a residential classification, but has a special use permit that allows it to operate as a school. There are no plans to change the zoning. FINANCIAL IMPACT None. LIST OF ATTACHMENTS · Approved Water and Sewer Board minutes from September 9, 2014 • Bill for an Ordinance • • • Present: Absent: Also present: WATER & SEWER BOARD MINUTES SEPTEMBER 9, 2014 Wiggins, Penn, Olson, Lay, Gillet, Oakley, Burns, Moore, Habenicht, Waggoner Lay, Waggoner Stewart Fonda, Director of Utilities Peter Nichols, Water Attorney with Berg, Hill, Greenleaf, Rusciti Patrick Haines, of Berg, Hill, Greenleaf & Rusciti David Hill, of Berg, Hill, Greenleaf & Rusciti Tom Brennan, Englewood Utilities Engineer Dan Brotzman, Englewood City Attorney The meeting was called to order at 5 :00 p.m. 1. MINUTES OF THE AUGUST 19, 2014 WATER BOARD MEETING. The Board received the Minutes of the August 19, 2014 Water and Sewer Board meeting. Motion: To approve the August 19, 2014 Water and Sewer Board meeting. Moved: Burns Seconded: Oakley Motion carried unanimously. lfJl Motion to call an Executive Session to discuss water rights: Moved: Wiggins Seconded: Habenicht Motion approved unanimously . EXECUTIVE SESSION BEGAN AT 5:07 p.m. David Hill, of Berg, Hill & Greenleaf appeared to discuss Englewood's water rights and strategies. The Como Reservoir application was discussed. A memo from David Hill stated that it would be expensive to continue to develop this right which would produce little water. The Board agreed with this position and that Englewood should not expend funds to continue to perfect this right. Motion to end the Executive Session: Burns, Habenicht Motion approved unanimously. EXECUTIVE SESSION ENDED AND THE REGULAR WATER BOARD SESSION RESUMED AT 5:40 P.M. (@ 2. SOUTH ARAPAHOE SANITATION DISTRICT SUPP. #38. A request was made by the South Arapahoe Sanitation District representing the owner, Aspen • Academy Investment Fund, for inclusion of Supplement #38 consisting of a parcel totaling 4.04 7 • acres into the South Arapahoe Sanitation District. Through an error, it was believed that this parcel was in the Southgate Sanitation District, but was actually located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted July 8, 2014, and was recorded on July 15, 2014. The property is located on the comer of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0 PUD, which is a residential classification, but has a special use permit that allows it to operate as a school. There are no plans to change the zoning. Motion: Moved: Motion carried. To recommend Council approval of the South Arapahoe Sanitation District Supplement #38. Gillit Seconded: Habenicht 3. WATER ACCOUNT SUB-METERING. The Board received information on sub-metering which could be used as a tool for water savings in multi-family situations where a sole master meter has been installed. This allows the property • • • • owners or management to allocate water charges in a more equitable manner instead of using an average, per unit basis, therefore giving the individual units an incentive for water conservation. Englewood's position is for this to be a self-policing water management tool for multi-unit buildings and not intended to be mandatory. G 4. RV SEWER CONNECTION ON A RESIDENTIAL YARD. The Board received a memo from Dan Brotzman, City Attorney, noting that RV's connecting to the sewer system is currently prohibited by Englewood Municipal Code 12-2-4G(5) and 12-2- SB(l)(v). A residence is allowed by municipal code to have sewer clean-outs, but it can't be used to dispose of RV waste. The meeting adjourned at 6:00 p.m. The next Water and Sewer Board meeting will be Tuesday, October 14, 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • ORDINANCE NO . SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO . 65 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 38 TO THE SOUTH ARAPAHOE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, South Arapahoe Sanitation District recommends the inclusion of Aspen Academy Investment Fund Property of approximately 4.047 acres into the District; and WHEREAS, said inclusion is located on the North West comer of University and Orchard A venue in Greenwood Village; and WHEREAS, the zoning of this property in Greenwood Village is currently zoned R-1.0 PUD which is the proposed use of this property; and • WHEREAS, said inclusion of this parcel of land will not increase or decrease the tap • allocation to the South Arapahoe Sanitation District ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of this Agreement at its September 9, 2014 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Agreement between the City of Englewood and South Arapahoe Sanitation District entitled "Supplement No . 38 , to Connector 's Agreement'', for inclusion of the Aspen Academy Investment Fund Property consisting of 4 .047 acres located on the North West comer of University and Orchard A venue in Greenwood Village, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Attachment 1" and incorporated herein by reference . Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado . 1 Introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the fh day of November, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Loucrishia A. Ellis 2 • • • • • • SUPPLEMENT NO. _3~8~i __ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by an through its duly authorized Mayor and City Clerk, hereinafter called the "City," and SOUTH ARAPAHOE SANITATION DISTRICT, dated day of , 20 ___ _ Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the _17th_ day of _October_, 1988_ the City and the District entered into an Agreement in which the city agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, which Agreement was renewed by Connector's Agreement dated __ January 17_, 2011. WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by _Aspen Academy, 5859 S. University Blvd., Littleton, CO 80121 and more fully described on Exhibit A attached hereto and incorporated herein by reference, into South Arapahoe Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the district, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated _October 17, 1988_ and Amended _January 17, 2011 __ . Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated October 17, 1988 __ and Amended __ October 17, 2011_, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement shall remain unchanged . A ,. T T A c H M E N T 1 IN WITNESS WHEREOF, the parties have set their hands and seals this _____ day of , 20 __ ATTEST: CITY CLERK (SEAL) ATTEST: SECRETARY (SEAL) Supplement for Connectors Agr.doc CITY OF ENGLEWOOD MAYOR SOUTH ARAPAHOE SANITATION DISTRICT ARAPAHOECOUNTY, COLORADO By:/~ Mr • • • • • • ASPEN ACAOEMENY INVESTMENT FUND PROPERTY '"~ .•. PARCEL'A:' A PARCEL OF LAND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH', RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF EAST ORCHARD ROAD, BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SAID SOUTHEAST 1/4, WITH THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY . BOULEVARD BEING 45 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4: TH ENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 178. 70 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTH LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 163.70 FEET; THENCE SOUTHERLY ANO PARALLEL WITH THE EAST LINE OF THE SAID SOUTHEAST 1/4 ON AN INTERIOR ANGLE TO THE RIGHT OF 91 DEGREES 18 MINUTES 40 SECONDS A DISTANCE OF 178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 163. 70 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL B: A PARCEL OF LANO BEING IN THE SOUTHEAST :1/4 OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE es WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY1.. DESCRIBED AS FOLLOWS: ·~{, .. >· '{'\:.,...: BEGINNING AT THE POINT ON THE NORTH RIGHT OF WAY LINE OF EAST o~c~ti ROAD, BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID's.C)tli'HEAST j/4, 208.7 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE sou1'H~t 1/4; THENCE NORTHERLY AND PARALLEL TO THE SAIC WEST RIGHTOFWAYLit{f.EA,OISTANCE OF 178.70 FEET: THENCE WESTERLY ANO PARALLEL WITH SAID SOUTH .Ll~.~'AN INTERIOR ANGLE TO THE RIGHT OF as DEGREES 41 MINUTES 20 SECOND~·~lf,$T.l.NCE OF 206.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF THE PAl:(CEU DESCRIBED IN BOOK 814 AT PAGE 585; THENCE SOUTHERLY ALONG SAID EASTERLY BoUNDARY LINE ANO PARALLEL WITH THE EAST LINE OF THE SAID SOUTHEAST 1/4, ON AN INTERIOR ANGLE TO THE RIGHT OF 90 DEGREES 18 MINUTES 40 SECONDS~ QJ~~CE OF 178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE; THE~C~'EASTERLY ALONG SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR ANGLE TO ... fl:lg·Ef}GHT OF 88 DEGREES 41 MINUTES 20 . . SECONDS A DISTANCE OF 206. 70 FEET TO THE POINT OF BEGINNING. COUNTY OF ARAPAHOE, STATE OF COLORADO .... ..,_ ....... 1.,: ~,~ •' PARCEL C; A PARCEL OF LAl';/li.BEING IN THE SOUTHEAST 1,14 OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 68 WE~:ClF,THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLL.0 ' · . . . ., .,, :,, ... '· BEGINNING AT ,A~P,,OINT 500 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 14; THENP.~'WJ=.$1' 417 .4 FEET TO THE NORnt EAST CORNER OFTH E TRACT OF LAND DESCRIBtQ.,fN DEED RECORDED MAY 31, 1952 IN BOOK 759 AT PAGE 176; THENCE SOUTll1~0NG THE EAST LINE OF SAID TRACT A DISTANCE OF 291.3 FEET; THENCE EAST 417.4'1fEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 291.3 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF SAID TRACT LYING EAST OF THE WEST LINE OF THE PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS IN BOOK 1665 AT PAGE 253, COUNTY OF ARAPAHOE, STATE OF COLORADO • • ~ a -1- A • COUNCIL COMMUNICATION Date Agenda Item Subject November 3, 2014 9 a ii Cherry Hills Village San. District Sanitary Sewer Supplement #5 for Harrison Oaks North INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 7, 2014 meeting, recommended Council approval of a Bill for an Ordinance approving the Cherry Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North located at 4000 E. Belleview Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The City of Englewood provides sewage treatment to a population of about 80,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends approximately south and east from Broadway to the Valley High way and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the City of Cherry Hills Village Sanitation District. A r eq uest was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. This application is for Tract 21 5 and Tract 216. Along with portions of Tracts 214, 21 7 and 218 in South Denve r Gardens, Arapahoe County. The site is on 16.269 acres and is zoned R-2 .5 residential. The site will be subdivided into 5 to 6 residential sites. The legal is attached as Exhibit A. The property is located at 4000 E. Belleview Ave. FINANCIAL IMPACT None. LIST OF ATTACHMENTS • Approved Water and Sewer Board minutes from October 7, 2014 Bill for Ordinance • • • WATER & SEWER BOARD MINUTES OCTOBER 7, 2014 Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner Absent: Bums, Moore Also present: Stewart Fonda, Director of Utilities John Bock, Manager of Administration Mr. Yates, Englewood Councilperson The meeting was called to order at 5:00 p.m. 0 1. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING. The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting . Motion: Moved: Motion carried. 0 To approve the August 19, 2014 Water and Sewer Board meeting minutes as written. Waggoner Seconded: Habenicht GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND USAGE OF ENGLEWOOD'S WATER RIGHTS. Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water rights. 2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG DRY CREEK TRAIL. South Suburban Parks and Recreation District has requested a license agreement to build a bike • path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere and Cornerstone Park. This is part of South Suburban's master plan for a bike path that spans the South Denver metro area. The construction easement will expire once the bike path is completed. The license agreement will then allow crossing access over Englewood's City Ditch. Motion: Moved: To recommend Council approval of the ordinance for the license agreement and construction easement with South Suburban Parks and Recreations District for the Big Dry Creek Trail connection. Waggoner Seconded: Lay Motion carried. El 3. McLELLAN DEEP WELL REHABILITATION. The McLellan deep well is used to offset demands, to maintain due diligence requirements for Englewood's water rights and for augmentation purposes. The well is located on the south side • of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' underground and must be replaced. Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount of $56,044 as the lowest acceptable bidder. Motion: Recommend Council approval of a contract for the rehabilitation of the McLellan deep well pump with Colorado Pump Service & Supply Company in the amount of $56,044. Moved: Habenicht Seconded: Waggoner Motion carried. El 4. SOUTHGATE SUPP. #171. A request was made by the Southgate Sanitation District representing the owner, Aspen Academy Investment Fund, for exclusion of Supplement # 1 71 consisting of a parcel totaling 4.04 7 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD, • • • which is a residential classification, but has a special use permit that allows it to operation as a school. The property is located on the comer of S. University Blvd. and E. Orchard Rd. Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is, however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014 and recorded on July 15, 2014. Motion: To recommend Council approval of Southgate Sanitation District Supplement # 1 71. Moved: Waggner Seconded: Lay Motion carried. 0 5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER CONNECTOR'S AGREEMENT. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are 9, 750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines and will be responsible for capital improvements in its system. The City Attorney's office has reviewed and approved the City of Cherry Hills Village Sanitation District Connector's Agreement. Motion: To recommend Council approval of the City of Cherry Hills Village Sanitation District Connector's Agreement. Moved: Penn Seconded: Wiggins Motion carried . 0 6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT #5. A request was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave. • Motion: Recommend Council approval of a Bill for an Ordinance approving the City of Cherry • Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North located at 4000 E. Belleview Ave. Moved: Waggoner Seconded: Habenicht Motion carried. ~ 7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Tom Brennan discussed. There are low levels of naturally occurring radionuclides in Englewood's source water that are removed through treatment and ultimately reside in the residuals generated at the plant. The residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) and have additional disposal considerations based on the Colorado Department of Public Health and Environment regulatory requirements. The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility. Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean Harbors. The current contract with Secure On-Site Services USA is still in force, with the vendor willing to honor his bid price from March. It is expected that the price may increase • when bids are received next year. Motion: To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA at a price of $232,007 .10 in accordance with the current contract that is in effect. Moved: Waggoner Seconded: Habenicht Motion carried. The meeting adjourned at 6:35 p.m. The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 5 TO THE CHERRY HILLS VILLAGE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS, Cherry Hills Village Sanitation District recommends the inclusion of approximately 16.269 acres into the District for residential use; and WHEREAS, said inclusion is located in the 3800-4000 Blocks of E. Belleview Avenue in Greenwood Village; and WHEREAS , the proposed inclusion is to install a sewer line and connect to the existing sewer main in the street; and WHEREAS , the zoning of this property in Greenwood Village is currently zoned Residential which is the proposed use of this property; and WHEREAS , said annexation of this parcel of land will not increase the tap allocation to the Cherry Hills Village Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval ofthis Agreement at its October 7, 2014 meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The Agreement between the City of Englewood and Cherry Hills Village Sanitation District entitled "Supplement No. 5, to Connector 's Agreement", which includes 16.269 acres located in the 3800-4000 Blocks of E. Belleview Avenue in Greenwood Village, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Attachment 1" and incorporated herein by reference. Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado . 1 Introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of November, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days . Randy P . Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 3rd day of November, 2014. Loucrishia A. Ellis 2 • • • • • • SUPPLEMENT NO. 5 TO C01''NECTOR'S AGREEMENT -'------ THIS AGREEMENT, made and entered into by and between the CITY OF ENGLE\VOOD, acting by an through its duly authorized Mayor and City Clerk, hereinafter called the "City," and the City of Cherry Hills Village Sanitation District, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the 2"d day of June, 1975 the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system \.Vithin the area served by the District, which Agreement was renewed by Connector's Agreement dated May 12, 1997. WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the \.vritten consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set fo11h, the parties agree as follows: l. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, ovmed by Harrison Oaks North LLC and more fully described on Exhibit A attached hereto and incorporated herein by reference, into the City of Cherry Hills Village Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the district, and that the City will treat the sewage discharged into the City's tmnk line from said additional area, all in accordance with the Connector's Agreement dated June 2, 1975, and Amended May 12, 1997. Accordingly, Exhibit A referred to in Paragraph I of the Connector's Agreement dated June 2, 1975 and Amended May 12, 1997, is hereby amended to include such additional area 2. Each and every other provision of the said Connector's Agreement dated June 2, 1975 and Amended May 12, 1997, shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this -----day of , 2014. ----·---··-------- A T T A c H M E N T 1 ATTEST: CITY CLERK (SEAL) ATTEST: CITY OF ENGLEWOOD BY MAYOR CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT ARAPAHOE COUNTY, COLORADO ~dc£AJ~~ SECRETARY ~ (SEAL) Supplement for Conr.ectors Agr.doc • • • • • • EXHIBIT A -LEGAL DESCRIPTION CHERRY HILLS VILLAGE SANITATION DISTRICT INCLUSION PROPERTY DESCRIPTION A PARCEL OF LAND BEING ALL OF AMENDED PLAT OF TRACT 215 AND TRACT 216, SOUTH DENVER GARDENS RECORDED UNDER RECEPTION NO. 94-4907, THAT PORTION OF TRACTS 214, 217, 218 AND THE EAST 48 FEET OF TRACT 213 LYING NORTH OF THE HIGHLINE CANAL RIGHT-OF-WAY ALONG WITH ALL THAT PORTION OF VACATED CHAMBERLIN AVENUE LYING NORTH OF THE HIGHLINE CANAL, SOUTH DENVER GARDENS RECORDED IN PLAT BOOK A2 AT PAGE 32B AND THE WEST HALF OF VACATED COLORADO BOULEVARD VACATED IN BOOK 1620 AT PAGE 526, LYING NORTH OF THE HIGHLINE CANAL, ALL IN SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3" ALUMINUM CAP IN A RANGE BOX STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278" AND AT THE EAST QUARTER CORNER BY A 2-1/2" ALUMINUM CAP IN A RANGE BOX STAMPED "PLS 25379 2009", BEING ASSUMED TO BEAR S00°15'42"W, A DISTANCE OF 2642.51 FEET. COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE EAST LINE OF SAID SECTION 13, S00°15'42'WA DISTANCE OF 75 .00 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE AND THE POINT OF BEGINNING; THENCE CONTINUING ON SAID EAST LINE, S00°15'42'W A DISTANCE OF 979 .13 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE HIGHLINE CANAL; THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES : 1. N46°40'15'W A DISTANCE OF 36.98 FEET, TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.37 FEET, A CENTRAL ANGLE OF 07°19'00" AND AN ARC LENGTH OF 131.58 FEET, TO A POINT OF TANGENT; 3. N53°59'15'W A DISTANCE OF 228.50 FEET, TO A POINT OF CURVE; \1 4. THENCE ON THE ARC OF A CURVE TO THE LEFT , HAVING A RADIUS OF 1030.37 FEET, A CENTRAL ANGLE OF 13°14'00" AND AN ARC LENGTH OF 237 .98 FEET, TO A POINT OF TANGENT; 5. N67°13'15'W A DISTANCE OF 554.48 FEET, TO A POINT MONUMENTED BY A NO. 5 REBAR WITH NO CAP ; THENCE ON A LINE BEING PARALLEL WITH AND 48.00 FEET WESTERLY OF THE EASTERLY LINE OF TRACT 213, SOUTH DENVER GARDENS , N00°22'37"E A DISTANCE OF 458.30 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE MONUMENTED BY A NO. 4 REBAR WITH NO CAP ; THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE , S89 °29'48"E A DISTANCE OF 538.93 FEET; THENCE CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE, S84°17'32"E A DISTANCE OF 496.06 FEET, TO THE POINT OF BEGINNING . CONTAINING A TOTAL CALCULATED AREA OF 708 ,679 SQUARE FEET OR 16 .269 ACRES. • • • Cherry Hills Village Sanitation District Manhole .... 4" .... 12" Taps -.... 6" .... 15" N ____., 8'' ____., 18" A --+ 10" ~21" 0 100 200 400 Feet Disclaimer: CHV Sanitation District makes no warranty as to the accurancy of this map and assumes no responsibility or liability to any user. This map Is not a legal document. It is intended to serve as a graphical representation only. • COUNCIL COMMUNICATION Date Agenda Item Subject November 3, 2014 9 a iii City of Cherry Hills Village Sanitation District Wastewater Connector's Agreement INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved a standard sanitary sewer connector's agreement in January, 1988. RECOMMENDED ACTION At their October 7, 2014 meeting, the Englewood Water and Sewer Board recommended Council approval of a bill for an ordinance renewing the City of Cherry Hills Village Sanitation District Wastewater Connector's Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the standard connector's agreement. The Littleton /Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. The attached agreement addresses this service with the • district that owns and maintains the sewer mains. In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines and will be responsible for capital improvements in its system. The attached map shows the City of Cherry Hills Village Sanitation District. The City Attorney's office has reviewed and approved the City of Cherry Hills Village Connector's Agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Approved Water and Sewer Board minutes from October 7, 2014 City of Cherry Hills Village Resolution Bill for an Ordinance • • • WATER & SEWER BOARD MINUTES OCTOBER 7, 2014 Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner Absent: Burns, Moore Also present: Stewart Fonda, Director of Utilities John Bock, Manager of Administration Mr. Yates , Englewood Councilperson The meeting was called to order at 5 :00 p .m . e 1. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING. The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting . Motion: Moved: Motion carried. 0 To approve the August 19 , 2014 Water and Sewer Board meeting minutes as written. Waggoner Seconded: Habenicht GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND USAGE OF ENGLEWOOD'S WATER RIGHTS. Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water rights . 2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG DRY CREEK TRAIL. South Suburban Parks and Recreation District has requested a license agreement to build a bike path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere • and Cornerstone Park. This is part of South Suburban's master plan for a bike path that spans the South Denver metro area. The construction easement will expire once the bike path is completed . The license agreement will then allow crossing access over Englewood's City Ditch. Motion: To recommend Council approval of the ordinance for the license agreement and construction easement with South Suburban Parks and Recreations District for the Big Dry Creek Trail connection. Moved: Waggoner Seconded: Lay Motion carried. ~ 3. McLELLAN DEEP WELL REHABILITATION. The McLellan deep well is used to offset demands, to maintain due diligence requirements for Englewood's water rights and for augmentation purposes. The well is located on the south side of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' • underground and must be replaced. Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount of $56,044 as the lowest acceptable bidder. Motion: Recommend Council approval of a contract for the rehabilitation of the McLellan deep well pump with Colorado Pump Service & Supply Company in the amount of $56,044. Moved: Habenicht Seconded: Waggoner Motion carried. ~ 4. SOUTHGATE SUPP. #171. A request was made by the Southgate Sanitation District representing the owner, Aspen Academy Investment Fund, for exclusion of Supplement #171 consisting of a parcel totaling 4 .047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD, • • • which is a residential classification, but has a special use permit that allows it to operation as a school. The property is located on the comer of S. University Blvd. and E. Orchard Rd. Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is, however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014 and recorded on July 15 , 2014. Motion: To recommend Council approval of Southgate Sanitation District Supplement #171. Moved: Waggner Seconded: Lay Motion carried. e 5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER CONNECTOR'S AGREEMENT. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines and will be responsible for capital improvements in its system. The City Attorney's office has reviewed and approved the City of Cherry Hills Village Sanitation District Connector 's Agreement. Motion: To recommend Council approval of the City of Cherry Hills Village Sanitation District Connector's Agreement. Moved: Penn Seconded: Wiggins Motion carried. e 6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT #5. A request was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave. • Motion: Recommend Council approval of a Bill for an Ordinance approving the City of Cherry Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North • located at 4000 E. Belleview Ave. Moved: Waggoner Seconded: Habenicht Motion carried. 0 7 . ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Tom Brennan discussed. There are low levels of naturally occurring radionuclides in Englewood's source water that are removed through treatment and ultimately reside in the residuals generated at the plant. The residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) and have additional disposal considerations based on the Colorado Department of Public Health and Environment regulatory requirements . The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility. Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean Harbors. The current contract with Secure On-Site Services USA is still in force, with the vendor willing to honor his bid price from March. It is expected that the price may increase when bids are received next year. • Motion: To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA at a price of $232 ,007 .10 in accordance with the current contract that is in effect. Moved: Waggoner Seconded : Habenicht Motion carried. The meeting adjourned at 6:35 p.m. The next Water and Sewer Board meeting will be Tuesday , November 11 , 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • • • • RESOLUTION NO. SERIES 2014 INTRODUCED BY: SECONDED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHERRY HILLS VILLAGE AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER CONNECTOR'S INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ENGLEWOOD ON BEHALF OF THE CITY WHEREAS, the City of Cherry Hills Village ("City") is authorized to enter into intergovernmental agreements pursuant to C.R.S. § 29-1-201 et seq. and Article XIV, Section 18(2)(a) of the Colorado Constitution; and WHEREAS, Section 13 .6 of the City's Home Rule Charter provides that the Council may, by resolution or ordinance, enter into agreements with other governmental units for services; and WHEREAS, the City entered into that certain Wastewater Connector's Agreement with the City of Englewood dated September 30, 1993 (the "Connector's Agreement"); and WHEREAS, the City and Englewood amended the Connector's Agreement on November 15, 1995 (the "1995 Modification") to enlarge the service area under the Connector's Agreement to include the entire geographic area of the City of Cherry Hills Village as the same now exists or may be amended from time to time, and as such service area is more particularly described and set forth in the 1995 Modification; and WHEREAS, the Connector's Agreement, as modified by the 1995 Modification, is set to expire on September 30, 2014; and WHEREAS, the City of Englewood owns and operates a sewage collection system, including the Littleton/Englewood Wastewater Treatment Plant which is located at 2900 S. Platte River Drive and is jointly owned with the City of Littleton; and WHEREAS, Englewood's sewage collection is physically located so as to be able to continue to receive and treat wastewater from the City of Cherry Hills Village; and WHEREAS, the City Council desires to renew the Connector's Agreement with the City of Englewood; and WHEREAS, the City Council desires to authorize the Mayor to execute the Connector's Agreement with Englewood once the same has been reviewed and approved by the City Manager and the City Attorney . Resolution_, Series 2014 Page 1 of2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • CHERRY HILLS VILLAGE, COLORADO THAT: Section 1. Execution of Connector's Agreement Authorized. The City Council hereby (a) adopts the above recitations as findings of the City Council; (b) approves entering into a Wastewater Connector's intergovernmental agreement with the City of Englewood; (c) authorizes the City Manager and the City Attorney, in consultation with the Mayor, to make such changes as may be needed to the Connector's Agreement to correct any nonmaterial errors or language that do not increase the obligations of the City; and (d) authorizes the Mayor to execute the Connector's Agreement on behalf of the City when in final form . Section 2. Effective Date . This Resolution shall be effective immediately. Introduced, passed and adopted at the regular meeting of the City Council this _ day of September, 2014, by a vote of_ Yes and_ No . ATTEST: Laura Smith, City Clerk (SEAL) Resolution_, Series 2014 Page 2 of2 Douglas M. Tisdale, Mayor Approved as to form: Linda C. Michow, City Attorney • • • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE APPROVING A NEW CONNECTOR'S AGREEMENT BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved the original Connector's Agreement between the City of Cherry Hills Village on September 30, 1993; and WHEREAS, the City and Englewood amended the Connector's Agreement on November 15, 1995 (the "1995 Modification") to enlarge the service area under the Connector's Agreement to include the entire geographic area of the City of Cherry Hills Village as the same now exists or may be amended from time to time, and as such service area is more particularly described and set forth in the 1995 Modification; and WHEREAS, the Connector's Agreement, as modified by the 1995 Modification, is set to expire on September 30, 2014; and WHEREAS, the Englewood Water and Sewer Board recommended City Council's approval ofthis Agreement at the May 13, 1997 meeting of the Board; and WHEREAS, the City will continue to receive and treat sewage gathered by the City of Cherry Hills Village; and WHEREAS, the Connector's Agreement enables the City of Cherry Hills Village to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; and WHEREAS, the City of Englewood Utilities Department will bill the City of Cherry Hills Village users directly for service charges; and WHEREAS, the Connector's Agreement provides that the City's permitting requirements will be followed by the City of Cherry Hills Village and its users; and WHEREAS, the Connector's Agreement provides that no permit shall be final or service provided until construction is approved by the City of Englewood; and WHEREAS, the term of the Connector's Agreement is for a three year period and is automatically renewed for six subsequent three year periods unless either party gives a minimum of six months written notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- Section 1. The Connector's Agreement between City of Cherry Hills Village and the City of Englewood which enables the City of Cherry Hills Village to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; is hereby approved for a three year period and is automatically renewed for six subsequent three year periods unless either party gives a minimum of six months written notice, a copy of said Agreement is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of November, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Loucrishia A. Ellis -2- • • • • • • WASTEWATER CONNECTOR'S AGREEMENT For CITY OF CHERRY HILLS . 4/1912012 Revision Sewer Contract No. ___ _ THIS AGREEMENT, made and entered into this day of · . , 20_ to be effective as of 20_; by and . between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter referred to as "City," acting by and ~ough its duly elected, qualified and authorized Mayor and City Clerk, and the CITY OF CHERRY HILLS, a municipal corporation and subdivision of the State of Colorado, hereinafter called ''Cherry Hills," acting by and through its authorized Representative. WITNESS ETH WHEREAS, the City oWn.s and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton, so situated physically as to be able to receive and treat the sewage from a designated area served by Cherry Hills and gathered by the Cherry Hills' sanitary-sewage system; and WHEREAS, it is the desire of Cherry Hills to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve Cherry Hills for treatment of sewage under certain conditions; · NOW, THEREFORE, lN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows : 1. The City hereby agrees Under the conditions hereinafter set forth, to treat the sewage originating from the Cherry Hills' sanitary sewer system within the area served by Cherry Hills as approved by the City and as indicated in the description attached hereto, incorporated herein and marked as "Exhibit A," 2. Cherry Hills specifically agrees to prevent sewage from any area other than that described herein, from being discharged into Cherry Hills' sanitary sewage system connected to the City's trunk line and to prevent connections to the system from or in any area other than those described herein. In the operation of the Cherry Hills sanitary sewer system, Cherry Hills agrees that all applicable Code provisions and rules and regulations of the City, including amendments thereto during the term of the contract, shall be the minimum standards for the Cherry Hills' system. Cherry Hills further agrees to abide by all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. Cherry Hills shall inform all users, contractors and subcontractors of such standards, rules and regulations upon inquiry from such persons, and shall not furnish any information inconsistent therewith . In this regard, it shall be the responsibility of Cherry Hills to obtain the applicable requirements from the appropriate governing body . 1 E x H I B I T 1 3. 4. s. . . The City shall attempt to maintain and provide infonnation on all requirements to Cherry Hills; however, the City does not guarantee the accuracy or completeness of government regulation5 other than the City's own regulations. · Regarding the provision of sewer service, the City's permitting requirements shall be followed by Cherry Hills and its users. All sewer plans, specifications and methods of work within Cherry Hills shall be submitted to the City in writing and approved by the · City prior to any construction or tap in Cheri'Y Hills' designated area, No permit shall be final ;md no service shall be provided to property until construction is approved, in writing by the City. . . Cherry Hills shall be responsible for the proper maintenance of its sewer system and shall rectify any problems or conditions which have been determined by Cherry Ii.ills or the City to be detrimental to the City's treatment process or systeirt. Should the City determine that any discharge enters the sewer system contrary to applicable laws, ordinances, statutes, rules, regulations or permits: Cherry Hills agrees to proceed at once . to take whatever lawful means may be necessary to rectify any such problem or -. condition. · · · . . The city shall have the right to allocate service under this Contract, and the City may deny additional service for any utility-related reason, but in no event will the City terminate or refuse any service without cause. The City shall have the right to disconnect service to any area annexed to Cherry Hills when such annexation takes place without prior written City approval. Within one year of this agreement, Cherry Hills shall provide the City with an estimate of the number of equivalent service taps needed for the next · five ( 5) years under current zoning and · planned bu.ild out in the Chen;' Hills area as shown on Exhibit A. Cherry Hills shall continue to monitor zoning changes within its area to estimate its tap requirementS and provide the City with notice of tap requirement for the next five {5) year period which time shall be given to the City on each anniversary date of this Agreement in a form satisfactory to the City. 6. The City may impose and collect reasonable fees, tolls and charges, which shall be uniform as to all outside-City users for the services provided by the City under this Connector's Agreement. The City shall bill Cherry Hills' users directly for all applicable City charges for services rendered under this Agreement. Should any user not pay the City, the City shall bill Cherry Hills and Cherry Hills shall pay the amount due to City within forty-five (45) days of such billing. These charges are subject to adjustment by the City from time to time. When such adjustment to these charges are made, the City shall give Cherry Hills forty-five (45) days advance written notice . The City may bill and collect "District Charges" imposed by Cherry Hills as an additional item to be billed and collected by the City along with the City's Treatment charge and other fees. The "District Charges" received by the City shall be remitted by the City to Cherry Hllls annually; less an amount equal to the City and Cherry Hills charges which remai~ delinquent. Cherry Hills shall notify the City of any changes in the Cherry Hills cba~es to be imposed and the remittance schedule before May 151 of each year. 2 • • • • • • 7. Subject to the tenns of the Taxpayer's Bill of Rights (TABOR), the tenn of this Agreement is for a period of three (3) years from the date of execution and automatically renewed for six (6) subsequent three (3) year periods unless either party gives a minimum of six (6) months written notice, during which time Cherry Hills agrees that all effluent produced from taps within Cherry Hills shall not be in violation of any federal, state or City laws, rules or regulations, or any other applicable governmental regulations or the pcnnits under which the City operates its sewage treatment system. The City agrees, during the tenn hereof, to treat said effluent and to maintain adequate facilities for treating the same. 8. Cherry Hills agrees that it will maintain, at its own expense, all lines now owned and operated by Cherry Hills, it being specifically agreed that the City assumes no responsibility should any of Cherry Hills' lines become clogged, damaged, or require maintenance. Cherry Hills shall, if it oeems necessary, notify its userS of Cherry Hills' procedure to remedy service disruption. · 9. The City is providing only sewage treatment service and, pursuant thereto; any pennits incidental to the use of the City's sewage lines shall be governed only by this individual Contract with Cherry Hills and the City does not, by this Contract, off er treatment service except in strict accordance with the tcnns hereof. This Contract does not offer, and shall not be construed as offering, sewage treatment service to the public generally or to any area outside the limits of Cherry Hills' service area described in Exhibit A. 10. This Contract may not be assigned, sold or transferred by Cherry Hills without the City's written consent. 11. Should any federal law, rule, pennit or regulation or should a decree or order of a court render void or unenforceable any provision of this Contract, in whole or in part, the remainder shall remain in full force and effect. 12. Cherry Hills shall enforce this Agreement and each of its tenns and conditions within the area described in "Exhibit A." Cherry Hills shall refuse to serve a user or potential user; disconnect the service of any user pursuant to appropriate law; or take other appropriate action in the event of: a. b. c. Nonpayment of such user of any charge made by the City for services; Any violation or noncompliance by such user with the terms of this Agreement; Any violation or noncompliance by such user with the applicable laws, rules, pennits or regulations of the City, the United States government, including the EPA, the State of Colorado, the Department of Health, or other law, rule, permit or applicable regulation . 3 13. Continued breach of this Agreement by Cherry Hills and/or its users shall be considered cause for the City to tenninate this Agreement. Should Cherry Hills fail to promptly rectify a breach of any provisions identified herein, after notice thereof, the City may take such steps and do such work as it deems necessary to enforce this Agreement, including litigation and specifically a right to injunction or specific perfonnance against Cherry Hills or any of its users as is necessary to protect the City's system and operations. The prevailing party shall be entitled to expenses and costs of suit, including attorney fees. 14. Should more than one district or City be connected to a sewer line, all districts or Cities on the sewer line who are in breach of this Agreement shall be jointly and severally 15. liable for any such breach of this Agreement and each such district shall immediately, after notice, rectify any problem or condition detrimental to the treatment process arising within its legal boundaries. When more than one district is connected to a sewer line, and the City discovers any violation of the tenns oflhis connector's agreement; the City shall not be required to prove which district is at fault but shall make available to all such affected districts and Cities all information developed or accumulated by the City pertaining to such breach. Nothing contained herein shall preclude a claim for indemnity or contribution by any District or City against another District or City connected to a common sewer line. CRS-13-21-111.5, as amended shall govern the percentage of liability of any district on a common sewer line in the event the City seeks to impose liability based upon negligence or fault. This Contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both the City and State are a part under statutory or constitutional authority. CITY OF ENGLEWOOD, COLORADO Randy P. Penn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk 4 • • • • Laura Smith:rtYciCTk Approved as to fonn: By: ·~cfe;~ Linda C. Michow, City Attorney • • s EXHIBIT "A" Geographic boundaries of the City of Cherry Hills Village, County of A_rapahoe, State cf Colorado: Commencing at the NW corner of the S 1/2 of the NW 1/4 of the NW 1/4 of Section 2, Tcwnship S South, Range 68 West of tte 6th Principal Meridian; thence East to _th~ SW corner of the NW l/ 4 cf the NE l/ 4 of the NW l/ 4, __ thence North to the NW corner of th~ NE 1/4 cf the NE l/~ of the NW 1/4 of said Setion 2, thence East along___the North line of Section 2 to the NW corne~ of Section 1~ Township 5 South, Range 68 West, continuing East along the North line of said Section 1 to the NW ccrnP.~ of Section 6, Township S South, Range 67 West of the 6t~ Principal Meridiar., continuing East along the North line of said Sec:::ion 6 to the NE corner cf the NW 1/4 of said Section 6, thence South along the East line cf the NW 1/4 of said Section 6 to the center of Section 6, Township 5 South, Range 67 West, thence _East along the North line of the SE 1/4 of said Section 6, 2,642.16 feet tc the NE corner of the SE 1/4 of said Section 6, thence North along the East line of said Section 6, 10.88 feet to the cecte= line of Hap9y Canyon Road, thence South 44°35'35" East 3,708.45 feet to the North 1/4 corner of S~cticn 8, Township 5 South, Range 67 West of the 6th Prin- cipal Meridian, thence South on the West line of the NE 1/4 of Section 8, Township S South, Range 67 West to the center of said Section 8, continuing South along the West line of tee SE l/4 of said Section a to the SW corner of the SE 1/4 of said Section 8, thence West to tte SE corr.er of Section 7, Township 5 South, RangP, 67 West of the.6th Principal Meridian; continuing West along tr.e So~th line of said Section 7 to the SE corner cf Section 12, Township 5 South, Range 68 West cf the 6th Principal Meridian, continuing West along th~ South line cf said Sec~ion 12 to the SE corner of Section 11, Township 5 South, Range 68 West of the 6th Principal Meridian, continu~ng West along the South line of said Section 11 to the SW corne= of said Section ll, the~ce Ncrth along the west line of said section 11 to the SW corner of Section 2, Township 5 South, Range 68 West of the 6th Principal Meridian, continuing North along the W~st lir.e of said section 2 to the point of beginning. EXCLUDING THE PROPERTY ON THE SOUTHEAST CORNER OF UNIVERSITY AND EAST HAMPDEN AVENUE KNOWN AS THE BUELL PROPERTY Page 1 of 3 • • • • • • LEGAL DESCRIPTION OF THE PROPERTY KNOWN AS THE BUELL PROElERTY A parcel of land lying in the Northwest one-quarter {NW 1/4) of Section 1, Township 5 Sc~th, Range 68 West of th~ 6th Principal Meridian, City of Cherry Hills Village, County of Arapahoe, State of Colorado, more particularly described as follows: For the purpose of this description the bearing are based on the easterly line of said NW 1/4 to ,bear South ooa18 '12 11 West. Commencing at the Northwest corner of said Section 1; Thence South 00 °18' 00" West along t.he westerly line of said Section l a distance of 75 .00 feet to a point; Thence North 89°57'1~" East parallel with and 75.00 feet southerly of the northerly line of said Section l a distance of 87.00 feet to the POINT OF BEGINNING; Thence continuing North 89 ° 57' 19" East along the southerly 7ight of way of Bast Hampden Avenue (US 285) as described in Book 1153 at Page 81 a distance of ~~2.l5 feet to a point; Thence South 00°02' 41" East continuing along said southerly right of way line a distance of 5.00 feet to a point; Thence North 89°57' 19" East continuing along said southerly right of way line a distance of 826.67 feet to a point; Thence South 00°19'28'' West a distance of 2077.26 feet to a point; Thence North 89°13' 30" West a distancs of lHS . 00 feet to a point on the easterly line of The Reserve at Cherry Hills; Thence North 00°18'00" East along said easterly line a dietance of 1180 .00 feet to the northeas~ corne~ of said Reserve; Thence North 89°13'30" West a distance of 6SO.OO feet along the northerly line of said Reserve to a point on the easterly right of way line of South University Avenue as described in Book 1597 at Page 2371 Thence North 00°18'00" East along said easterly right of way line a distance of 601.03 feet to a point1 Thence North 07°06'00" East continuing along said easterly right of way line a distance of 100.70 feet to a point; Thence North 00°18' O O" East continuing along said easterly right of way line a distance of 160.00 feet to a point; 'l'hence North 45°27'02 11 East continuing along said easterly right of way line a dista~ce of 21.27 feet to the POINT OF BEGINNING, Containing 69.07 acres, more or less . Page 2 of3 • • Page 3 of3 • COUNCIL COMMUNICATION Date Agenda Item Subject November 3, 2014 9 a iv A bill for an ordinance authorizing and approving a First Supplement to the Private Activity Bonds Issued in 2008 for capital improvements at various Boy Scouts of America Initiated By Staff Source City of Englewood, Finance and Administrative Frank Gryglewicz, Director Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the request to issue Private Activity Bonds at the August 25, 2008 Study Session. Council agreed to allow staff to move forward on the issuance of these bonds for the Boy Scouts of America (BSA). Council approved Ordinance 56, Series of 2008 on October 6, 2008. City Council discussed a request to approve a First Supplement to the Financing Agreement at the October 20, 2014 Study Session . Council requested staff prepare a bill for ordinance approving the First Supplemental to Financing Agreement for their consideration at an upcoming regular Council meeting . • RECOMMENDED ACTION • Staff recommends the City Council approve the attached bill for an ordinance approving the First Amendment to Financing Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The BSA used the City's tax exempt status to issue debt that pays tax-exempt interest over the life of bonds if strict restrictions are adhered to. The tax exempt status lowers the cost of borrowing, and therefore may provide an incentive to non-profit organizations to take on projects or provide services that might not otherwise be undertaken. Although the issuer uses the tax exempt status of the City of Englewood, the City does not take on any responsibility for the repayment of debt or pledge its credit. This bill for an ordinance approves the First Amendment To Financing Agreement. Essentially, the Boy Scouts of America have received funds from a donor that will allow them to do a partial redemption of the Bond. Upon the partial redemption of the Bond, the Lender (Colorado State Bank and Trust, N.A.) and the BSA desire to: • The Bond payment schedule be re-amortized • The mandatory redemption date of the Bond be extended Both the re-amortization and extension of the mandatory redemption date will be in accordance with the terms, provisions, and conditions to be set forth in the First Supplement to the Financing Agreement. FINANCIAL IMPACT The City of Englewood will not see any financial impact from this action as the debt service is solely the responsibility of the Boy Scouts of America. LIST OF ATTACHMENTS Proposed Bill for an Ordinance • • • • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENT TO FINANCING AGREEMENT, WHICH RELATES TO THE CITY'S PRIOR ISSUANCE AND SALE OF THAT CERTAIN $6,724,000 REVENUE BOND (DENVER AREA COUNCIL, BOY SCOUTS OF AMERICA PROJECT) SERIES 2008. WHEREAS, upon approval as set forth in Ordinance No . 08-56, as adopted by City Council ("City Council") of the City of Englewood, Colorado (the "City ") on October 6, 2008, the City issued and sold that certain $6,724,000 Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 (the "Bond"), to BOKF, NA, a national banking association dba Colorado State Bank and Trust and successor in interest to Colorado State Bank and Trust, N.A. (the "Lender"), pursuant to the terms, provisions, and conditions as set forth in that certain Financing Agreement, dated October 9, 2008 (the "Financing Agreement"), by and among the City, the Lender, and Denver Area Council, Boy Scouts of America, a Colorado nonprofit corporation (the "Borrower"); and WHEREAS, representatives of the Lender and the Borrower have informed representatives of the City as to the following matters, on which the Lender and the Borrower have agreed: (1) the Borrower desires to cause a partial redemption of the Bond; and (2) upon the partial redemption of the Bond, the Lender and Borrower desire that (a) the Bond payment schedule be re-amortized and (b) the mandatory redemption date of the Bond be extended, all upon and in accordance with the terms, provisions, and conditions to be set forth in that certain First Supplement to Financing Agreement (the "First Supplement"); and WHEREAS, the form of the First Supplement has been presented to City Council at this meeting; and WHEREAS, the First Supplement must be executed and delivered by the City to be effective, and the Lender and the Borrower have requested that the City execute and deliver the First Supplement; and WHEREAS, City Council has considered the request of the Lender and the Borrower and concluded that the City should execute and deliver the First Supplement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1 Approval and Authorization of First Supplement. The First Supplement (attached as Exhibit 1) is approved and authorized. The Mayor is authorized and directed to execute, and the City Clerk is authorized and directed to affix the seal of the City and to attest, the First Supplement in substantially the form and content as presented to City Council on this date, but with such changes, modifications, additions, and deletions therein as deemed necessary, desirable, or appropriate to the Mayor, upon consultation with the City's counsel and Director of Finance, the execution thereof by the Mayor to constitute conclusive evidence of the City's approval of any and all changes, modifications, additions, and deletions from the form thereof presented to City Council on this date. Section 2 Authority to Execute and Deliver Additional Documents. The officers, employees, and agents of the City shall, as permitted by the City's home rule charter and other applicable law, execute and deliver such other documents, instruments, and certificates, and take such action, as required by the First Supplement or as otherwise appropriate to consummate the transactions contemplated thereby. Section 3 Prior Action. All action consistent with the provisions of this Ordinance taken by City Council and the officers of the City prior to the date hereof is ratified and approved. Section 4 Repealer. All ordinances, codes, or parts thereof inconsistent with this Ordinance are repealed or otherwise modified. Section 5 Severability. If any provision of this Ordinance is held to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of November, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of November, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of November, 2014 . Loucrishia A. Ellis • • • FIRST SUPPLEMENT TO FINANCING AGREEMENT by and among CITY OF ENGLEWOOD, COLORADO, BOKF,NA, and DENVER AREA COUNCIL, BOY SCOUTS OF AMERICA Relating to: $6, 724, 000 City of Englewood, Colorado Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 December 18 , 2014 E x H I B I T 1 This FIRST SUPPLEMENT TO FINANCING AGREEMENT (this "First Supplement"), dated December 18, 2014, is by and among the following parties: • The City: City of Englewood, Colorado, a municipal corporation and political subdivision duly organized as a home rule city under the provisions of Article XX of the Constitution, the laws of the State of Colorado, and its home rule Charter; The Lender: BOKF, NA, a national banking association dba Colorado State Bank and Trust and successor in interest to Colorado State Bank and Trust, N.A.; and The Borrower: Denver Area Council, Boy Scouts of America, a Colorado nonprofit corporation. Recitals A. The City, the Lender, and the Borrower each executed and delivered that certain Financing Agreement, dated as of October 9, 2008 (the "Financing Agreement"), by which the City issued its $6,724,000 Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 (the "Bond"). B. The City sold the Bond to the Lender and loaned the sales proceeds therefrom to the Borrower pursuant to the terms, provisions, and conditions as set forth in the Financing Agreement {the "Loan"). Pursuant to the Financing Agreement, the City assigned all Loan Payments to the Lender to effect repayment of the Bond, and the Borrower made and delivered that certain Note, dated October 9, 2008, in the original principal amount of $6,724,000.00, payable to the Lender (the "Promissory Note"), to evidence repayment of the Loan to the Lender. C. The Lender currently owns the Bond, and the outstanding principal balance of the Bond and the Promissory Note as of the date hereof equals $6,724,000.00. D. The Lender and the Borrower have notified the City as to the following matters, on which the Lender and the Borrower have agreed: ( 1) the Borrower desires to prepay the Loan in part in the principal amount of$[ 4,324,000.00], and therefore cause a partial redemption of the Bond in the same principal amount, such that immediately following such prepayment and redemption the outstanding principal balance of the Bond and the Loan will equal $[2,400,000.00]; and (2) upon the Borrower's partial prepayment of the Loan, and partial redemption of the Bond, and subject to the terms, provisions, and conditions as set forth in this First Supplement, the Lender shall (a) re- amortize the Bond and the Loan on the basis of the $[2,400,000.00] outstanding principal balance and remaining maturity, (b) extend the date on which the Lender may demand redemption of the Bond, and (c) subject to satisfaction of the Loan to Value covenant as set forth in Section 4 and as further set forth in Section 6, release of the Deed of Trust (Elbert County). E. The City, the Lender, and the Borrower execute and deliver this First Supplement to set forth the terms, conditions, and provisions upon which they will consummate the foregoing transactions . • • • • • Agreement The City, the Lender, and the Borrower agree as follows : Section 1. Definitions. Capitalized terms used but not defined in this First Supplement have the respective meanings ascribed to them in the Financing Agreement. Section 2. Amendment to Section 3.9. From and after the date on which all conditions precedent as set forth in Section 5 are either satisfied or waived as provided in Section 5 (the "Effective Date "), the reference in Section 3 .9 of the Financing Agreement to "October 9, 2018" will be deleted and replaced with "October 9, 2024 ". Section 3. Prepayme,nt/Redemption and Re-Amortization. a. On the Effective Date, the Borrower shall prepay the Loan in part, and cause partial redemption of the Bond, in the principal amount of $[4,324,000 .00]. b. The City and the Lender each waive any prior notice of prepayment and redemption required of the Borrower under the Financing Agreement in connection with the $[ 4,324 ,000 .00] prepayment on the Effective Date. c. In conjunction with such prepayment and redemption , (i) Schedule I, Bond Payment Dates , attached to the Bond, will be revised and replaced with the amortization/payment schedule attached hereto as Exhibit A-1 and (ii) the Lender shall execute the prepayment schedule attached hereto as Exhibit A-2, which will be attached to the Bond . d. For the sake of clarity, the Lender has agreed to re-amortize the Bond and the Loan pursuant to the terms , provisions, and conditions set forth in this First Supplement as a negotiated exception to the Financing Agreement and the Bond , which provide that partial prepayments the Loan and resulting redemptions of the Bond will not alter the amount of monthl y payment installments. Unless the Lender otherwise agrees , subsequent prepayments of the Loan and resulting redemptions of the Bond after the Effective Date will not alter the amount of monthly payment installments. Section 4. Loan to Value. From and after the Effective Date , the Borrower must maintain Loan to Value equal to or less than 75%. "Loan to Value " means the quotient, expressed as a percentage, equal to the outstanding principal balance of the Loan divided by the Appraised Value. "Appraised Value" means the Bank's most recent appraised value of the land and the improvements encumbered by the deed of trust lien granted by the Borrower for the benefit of the Lender pursuant to the Deed of Trust (Jefferson County) (the "Appraised Property "). If at any time and for any reason, including a re-appraisal of the Appraised Property, the Loan to Value is greater than 75%, the Borrower shall prepay the Loan in an amount necessary to satisfy the Loan to Value covenant as set forth in this Section 4 . The Lender shall notify the Borrower in writing of any failure to satisfy the Loan to Value covenant as set forth in this Section 4 following the Lender 's receipt , review , and approval of any re-appraisal of the Appraised Property . 2 Section 5. Conditions Precedent. The obligation of the City and the Lender to execute and deliver this First Supplement, and the effectiveness of the amendments and modifications to be provided hereby, is • subject to the satisfaction in full of all of the following conditions precedent, or waiver thereof by the City or the Lender, as appropriate: a. the City and the Lender will have received from the Borrower an executed original of this First Supplement; b. the City and the Lender will have received an opinion of nationally recognized bond counsel to the effect that the amendments and modifications provided by, and the transactions as contemplated by , this First Supplement will not of themselves (i) result in a sale or exchange (i .e., a reissuance) of the Bond for federal income tax purposes, (ii) adversely affect the exclusion from gross income of interest on the Bond for federal income tax purposes, or (iii) cause interest on the Bond to be treated as a matter of tax preference for purposes of the alternative minimum tax under Code Section 57(a)(5); c. the Lender will have received an appraisal of the Appraised Property sufficient to satisfy the Loan to Value covenant as set forth in Section 4 of this Financing Agreement as of the Effective Date (and subsequent to the partial prepayment of the Loan, and the resulting partial redemption of the Bond, as contemplated by this First Supplement); d. the Borrower will have prepaid the Loan in part, and therefore caused a partial redemption of the Bond, in the principal amount of $[4,324,000.00]; e. the Borrower will have paid the Lender 's amendment fee of $2,500; f. no Event of Default will have occurred and be continuing, and no event or occurrence will have occurred and be continuing that with notice, the lapse of time, or both would result in an Event of Default; g. the Borrower will have paid or reimbursed the Lender for all reasonable fees, costs, and expenses incurred by the Lender through the Effective Date in the amendment, modification, and administration of the Financing Agreement and the Bond, including the fees, costs, and expenses of the Lender's outside legal counsel; and h. the Lender will have received such other documents, instruments, and items as the Lender may reasonably request. Section 6. Release of Deed of Trust (Elbert Countv). On or promptly after the Effective Date, the Lender shall cause the Release of Deed of Trust attached hereto as Exhibit B to be filed with the Clerk and Recorder of Elbert County, Colorado, by which the Lender shall release the Deed of Trust (Elbert County). The Lender shall provide a stamped-filed copy of the Release of Deed of Trust to the Borrower. The parties have not endeavored to delete each reference to the Deed of Trust (Elbert County) in the Financing Agreement, the Promissory Note, and the other Borrower Documents, but each acknowledges that from and after the Effective Date the collateral encumbered by the Deed of Trust (Elbert County) will no longer secure payment and performance of the Secured Obligations (as such term is defined in the Deed of Trust (Elbert County)). 3 • • • • • Section 7. Certification; Representations and Warranties . a. The Borrower certifies, as of the date hereof, that no Event of Default, or any event or occurrence that with notice, the lapse of time, or both would result in an Event of Default, has occurred and is continuing. If the Effective Date is other than the date hereof, the Borrower shall make the foregoing certificate to the City and the Lender in writing as of the Effective Date . b. The Borrower re-states, as of the date hereof, for the benefit of the City and the Lender, the Borrower's representations and warranties as set forth in Section 2.2(c) and (g) of the Financing Agreement. If the Effective Date is other than the date hereof, the Borrower shall make the foregoing certificate to the City and the Lender in writing as of the Effective Date. c. The Borrower has the full legal right, power, and authority to execute, deliver, and perform this First Supplement, and the Borrower has duly authorized its execution, delivery, and performance hereof. No consent or authorization of, filing with, or notice to any other person is a condition precedent to the Borrower's execution, delivery, and performance of this First Supplement except as have been obtained or made and remain in full force and effect. This First Supplement has been duly executed and delivered by the Borrower and constitutes the legal, valid, and binding agreement of the Borrower enforceable against the Borrower in accordance with its terms except as enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium, or other similar laws affecting or relating to the enforcement of creditor's rights generally or (ii) general principles of equity. The Borrower's execution, delivery, and performance of this First Supplement do not (A) violate or conflict with the Borrower's articles of incorporation, bylaws, or any other governance document with which the Borrower must comply, {B) violate any applicable law, regulation, or rule applicable to the Borrower or its property or assets, (C) violate or result in a breach or default under the terms, conditions, or provisions of any material agreement or instrument to which the Borrower is a party or by which the Borrower or its property or assets are bound, or (D) result in the creation or imposition of any lien, security interest, or other encumbrance upon its property or assets except as provided in the Borrower Documents. Section 8. Miscellaneous. a. In consideration of the Lender's covenants and agreements as provided by this First Supplement, the Borrower waives and releases the City and the Lender from any and all claims and defenses, known or unknown, with respect to the Financing Agreement, the Promissory Note, and each of the other Borrower Documents and the transactions contemplated thereby. b. The Borrower ratifies and affirms its obligations under, and acknowledges, renews, and extends its continued liability under, the Financing Agreement, the Promissory Note, and each of the other Borrower Documents and agrees that the Financing Agreement, the Promissory Note, and each of the other Borrower Documents remain in full force and effect as they may be amended or modified hereby. c. The execution, delivery, and performance of this First Supplement by the Lender does not and will not operate as (i) a modification of, or waiver of any right, power, or remedy of the City or the Lender under, the Financing Agreement, the Promissory Note, or any 4 other Borrower Document, except as specifically set forth herein, or (ii) a waiver by the City or the Lender of any Event of Default or any event or occurrence that with notice, • the lapse of time, or both would result in an Event of Default. The amendments and modifications set forth in this First Supplement are limited to the specifics hereof. d. This First Supplement is a Borrower Document. e. This First Amendment, as an amendment of the Financing Agreement, is subject to, and will be governed by, those terms and provisions as set forth in Article VIII of the Financing Agreement. {Sigrzature Page Follows.} 5 • • • Signature Page to First Supplement to Financing Agreement Re: $6, 724, 000 City of Englewood, Colorado Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 The City, the Lender, and the Borrower have each caused this First Supplement to be executed and delivered by an authorized officer or representative as of the date first set forth above. [SEAL] Attest: CITY: CITY OF ENGLEWOOD, COLORADO By: Randy P. Penn Mayor • Loucrishia A. Ellis, City Clerk • LENDER: BOKF,NA By: Kristen M. Sundin Senior Vice President BORROWER: DENVER AREA COUNCIL, BOY SCOUTS OF AMERICA By: ~~~~~~~~~~~~~~­ Print Name: -------------- Title: ----------------- ExhibitA-1 to First Supplement to Financing Agreement Re : $6, 724, 000 City of Englewood, Colorado Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 December 18, 2014 Revised Amortization/Payment Schedule SCHEDULE I BOND PAYMENT DATES (Revised December 18, 2014) [TO BE PROVIDED. REVISED AMORTIZATION/PAYMENT SCHEDULE SHOULD SHOW PAYMENTS MADE THROUGH THE EFFECTIVE DATE AND THE REVISED AMORTIZATION/PAYMENT SCHEDULE FOR THE REMAINDER OF THE TERM.] **Revised as of December 18, 2014 in accordance with the terms, provisions, and conditions as set forth in that certain First Supplement to Financing Agreement, dated December 18, 2014, by and among the following parties: City of Englewood, Colorado, a municipal corporation and political subdivision duly • organized as a home rule city under the provisions of Article XX of the Constitution, the laws of the State • of Colorado, and its home rule Charter; BOKF, NA, a national banking association dba Colorado State Bank and Trust and successor in interest to Colorado State Bank and Trust, N.A.; and Denver Area Council, Boy Scouts of America, a Colorado nonprofit corporation. • Exhibit A-1 -Page 1 • • • ExhibitA-2 to First Supplement to Financing Agreement Re : $6, 72 4, 000 City of Englewood, Colorado Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 December 18, 2014 Evidence of Prepayment PREPAYMENTS OF PRINCIPAL Payment Date Principal Amount Balance of Principal Signature Prepaid Amount Unpaid December 18 , 2014 $[ 4,324,000.00] $[2,400 ,000.00] By: Kristen M . Sundin BOKF,NA Senior Vice President Exhibit A-2-Page 1 ExhibitB to First Supplement to Financing Agreement Re : $6, 724, 000 City of Englewood, Colorado Revenue Bond (Denver Area Council, Boy Scouts of America Project) Series 2008 December 18, 2014 Form of Release of Deed of Trust See next page. Exhibit B -Page 1 • • • Original Note and Deed of Trust Returned to: repared/Received by: Original Note retained by Beneficiary (not paid in full). Original Deed of Trust to be returned to Grantor/Borrower. Current Holder Dinsmore & Shohl LLP, 1801 Broadway, Suite 1700, Denver, Colorado 80202, Attn: Erich T. Kennedy REQUEST FOR FULL [!] I PARTIAL D RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITH PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§ 38-39-102 (1) (a), COLORADO REVISED STATUTES December 18, 2014 Date -D-e-nv_e_r_Ar_e_a_,,_C_o_un_c-il,-B-o_y_S-co_u_t_s_o"'f_Arn_e_r,...ic_a ___________ Original Grantor (Borrower) _,l 0_4_5_5_W-..,,.e_st,...6_th-,-A..,v,..,e..,,n..,.u.,..e __________________ Current Address of Original Grantor, Denver, Colorado 80215 Assuming Party, or Current Owner I Check here if current address is unknown Colorado State Bank and Trust, N .A. Original Beneficiary (Lender) October 9, 2008 Date of Deed of Trust ----~----------------------Date of Recording and/or Re-Recording of Deed _O_ct_o_b_er_l_5~,_2_00_8 ____________________ ofTrust _49_7_6_8_0 ________________________ Recording Information County Rcpt. No . and/or Film No. and/or Book/Page No. and/or Torrens Reg. No. TO 1HE PUBLIC TRUSTEE OF Elbert COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as descnbed therein as to a full release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE) Signature BOKF, NA, a national banking association dba Colorado State Bank and Trust and successor in interest to Colorado State Bank and Trust, N.A. 1600 Broadwa , 4th Floor, Denver, Colorado 80202 Name and Address of Current Holder of the Evidence of Debt Secured by Deed ofTrust (Lender) Kristen M. Sundin, Senior Vice President, BOKF, NA, a national banking association dba Colorado State Bank and Trust, 1600 Broadway, 4th Floor, Denver, Colorado 80202 Name, Title and Address of Officer, Agen~ or Attorney of Current Holder Signature State of Colorado , County of _D_en_v_e_r _____ _ The foregoing Request for Release was acknowledged before me on December 18 , 2014 (date) by* (Notary seal) -------------Date Commission Expires *If applicable, insert title of officer and name of cwrent holder Notary Public Witness my hand and official seal RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. • (Public Trustee use only; use appropriate label) (Public Trustee's Seal) Public Trustee Date Deputy Public Trustee (If applicable : Notary Seal) (If applicable, Name and Address of Person Creating New Legal Description as Required by§ 38-35-106.5, Colorado Revised Statutes.) Exhibit B -Page 2 Date • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE APPROVING SUPPLEMENT NO. 23 TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, the Valley Sanitation receives sewage treatment in accordance with a contract with the City of Englewood; and WHEREAS, Valley Sanitation District has submitted a request for inclusion into Valley Sanitation District of a parcel with an existing address of 5495 Caribou Road in Littleton with the proposed use of R-1 Residential; and WHEREAS, Supplement No. 23 is for approximately 1/2 acre which is presently zoned R-1 (Residential) and said zoning will remain the same; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Valley Sanitation District; and WHEREAS it is necessary for said District to amend its contract with the City of Englewood to include this additional land within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Valley Sanitation Supplement No. 23 to Connector's Agreement at their July 8, 2014 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Agreement between the City of Englewood and Valley Sanitation District entitled "Supplement No . 23 to Connector's Agreement" is hereby approved. A copy of said Agreement is attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 20th day of October, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. 9 bi Published as a Bill for an Ordinance on the City 's official website beginning on the 22nd day of • October, 2014 for thirty (30) days . Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on the 7th day of November, 2014 . Published by title on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days . Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , 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 2014. Loucrishia A. Ellis • • • • • SCPPLK\IE:\'T ~O. __ 2_3 ___ TO CO:\'XECTOR'S AGREE.\IENT THIS AGREE\IENT, made and entered into by and between the CITY OF ENGLE"\YOOD, acting by an through its duly authorized ~fayor and City Clerk, hereinafter called the "City,"' and Va 11 ey Sanitation District , Arapahoe and Douglas Counties, Colorado, hereinafter called the '·District,'' \\'ITI\ESSETH: WHEREAS, on the day of , 20 the City and the District entered into an A£reement in which the City a£reed to treat se\rn£e ori£inatin£ from the ...... .. ...... ...... ~ ...... District's sanitary se\\·er system \Yithin the area serYed hy the District, which Agreement was rene\\·ed hy Connector's Agreement dated January 12 ,>C<J~9 WHEREAS, said Connector's Agreement pro\·ides that the district may not enlarge its service area without the \\'ritten consent of the City; >.""O\\', THEREFORE. in consideration of the mutual coYenants and undertakings herein set forth, the parties agree as follows: J. The City hereh\· consents to the inclusion of ce11ain additional area located in Arapahoe County.-Colorado, owned by\>-.J,\\\~m G lnt u~ trvSitand more fully described on Exhibit A attached hereto and incorporated herein by reference, into Va 11 ey Sanitation District. The City agrees that said additional area may be sen-ed v.:ith the se\\ er facilities of the district. and that the City \rill treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated April 18 , 1955 ffi __ and Amended January 12, 1989 , JO:,__ __ Accordingly. Exhibit A rderred to in Paragraph 1 of the Connector's Agreement dated Apri 1 18, 1955 . 4().: and Amended January 12, 1989 .1s hereby amended to include such additional area. 2. Each and e\·ery other pro\·ision of the said Connector's Agreement dated April 15, 1955 andAmended Jan. 12, 1989 , shall remain unchanged. I~ \YIT~-:ESS \YHEREOF. the pm1ies ha\·e set their hands and seab this ______ day of . 20 __ _ E x H I B I T A ! ATTEST: CITY CLERK (SEAL) ATTEST: SECRETARY (SEALJ CITY OF EXGLE,YOOD • BY ___________ _ .\IAYOR VALLEY SA~ITATIOX DISTIUCT ARAPAHOE COFXTY, COLORADO • • ·1,·~ -........ _ ... ) ll.:fJlfS· • :! ·[·~·, . ,. . !~((i.\~:/.· :l~\l-~' e·l -~· .11\1 ,;~: .. lr .. t· ~ t\ h -,,. ... i!' r...,,· :~ n: J .: .... · .... .:~.. \. 5J9o l ~ ~ l sJ37 5401 •I r S:eAC'lt'.R111 :.,._:I 5347 . ''"f .,., 5J87 ~ t; 0 0 ~ .. ~ ~ ! 'Tc·~ L t12 .I.I l.O IO J ~)~~ 54()7 d _.,•u ,=::: s~i:i II~ I ·-·--~:;· .:~:~: s411 II ll 542o g "'' ~ ~ "' "' I~ 15447 s45s I~~ ~ ,._ ;:;:; I m 11 1 .1~ l.() ...... >.O IO ::: t:; I l ~ ='--.I,,,....,..--~ ~ ~ . ~' 7 \. ···.:-----,-~I ~ 1."~l:'.-~.1:~:~i ;, ' C-€~·s: f!L'llDt> (t.91 Arapal1oe County's Ara pa MAP ..... .,; \ ,.. \ .,,. I ""1. I :::i:: I ~ "==,, ... il~l~lili ~ i l ; I ~ I i i.:. N MapOonsrstedOn l'l/1£112014 W .@E AtlAIAH(lf. 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SERJES OF 2014 BY AUTHORJTY COUNCJL BJLL NO. 61 INTRODUCED BY COUNCJL MEMBER GJLLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK AND RECREATION DISTRJCT FOR THE CONSTRUCTION OF THE BIG DRY CREEK CONNECTION BICYCLE TRAIL WITHIN CITY OF ENGLEWOOD'S BELLEVIEW PARK. WHEREAS, the City of Englewood is cooperating with the South Suburban Park and Recreation District (SSPRD) in the development, by South Suburban Park and Recreation District of a bike trail within the City of Englewood to connect existing sections of a regional bike trail ; and WHEREAS, the South Suburban Park and Recreation District submitted a plan to the City of Englewood for constructing a part of that bike trail located in Belleview Park; and WHEREAS, the Englewood Park and Recreation Department reviewed South Suburban Park and Recreation District's proposal at their meeting on September 11, 2014 and recommended approval of this Agreement; and WHEREAS, the City of Englewood owns and controls Belleview Park; and WHEREAS, intergovernmental agreements are authorized by Article XIV, Section 18 of the Colorado Constitution and C.R.S. §29-1-203; and WHEREAS, improvements necessary for the Big Dry Creek Trail Connection Bike Trail at Belleview Park are outlined in the Agreement and Exhibits; and WHEREAS, the City will also grant a Temporary Construction Easement for the District to allow construction of this bike trail. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the intergovernmental Agreement between the South Suburban Park and Recreation District and the City of Englewood, Colorado pertaining to a certain section of the proposed Big Dry Creek Trail Connection Bike Trail at Belleview Park, attached hereto as Exhibit 1. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . 9 b ii Section 3. The City Council of the City of Englewood, Colorado hereby authorizes a Grant of • Temporary Construction Easement for "Big Dry Creek Trail Connection" Bike Trail at Belleview Park pertaining to a certain section of the proposed Big Dry Creek Trail Connection Bike Trail at Belleview Park, attached hereto as Exhibit 2. Section 4. The Director of Parks and Recreation is hereby authorized to sign said Grant of Temporary Construction Easement for "Big Dry Creek Trail Connection" Bike Trail at Belleview Park for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 20th day of October, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City 's official newspaper as Ordinance No._, Series of 2014, on the 7th day of November, 2014 . Published by title on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, 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 2014. Loucrishia A. Ellis • • • • • INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF THE "BIG DRY CREEK TRAIL CONNECTION AT BELLEVIEW PARK" THIS AGREEMENT is made this __ day of , 2014, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, (hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, (hereinafter referred to as "District"). WHEREAS, the City of Englewood and South Suburban Park and Recreation District are cooperating in the development and operations of a pedestrian and bicycle trail within the city limits of Englewood across the City's Belleview Park (bike trail) to complete connections for the "Big Dry Creek Trail". NOW THEREFORE, the City and the District agree as follows: A. Bike Trail Improvement Plans: 1. The proposed improvements necessary for the Bike Trail (the "Improvements") are detailed on the plans (the "Plan") in Exhibit A, attached hereto and incorporated herein by this reference. The City hereby grants to the District the right to access and construct the bike trail and improvements in accordance with the terms of this Agreement and the plans and specifications approved by the City . B. Construction, Operation and Maintenance of the Bike Trail: The District will, at its own cost, construct a bike and pedestrian trail across a portion of the City's Belleview Park for the purpose of connecting the Big Dry Creek Trail and the Littleton Community Trail. This bike trail shall consist of a crusher fines trail as shown on Exhibit A attached hereto. The District will be responsible for construction of the bike trail and improvements. The District shall endeavor to begin construction upon passage of this Agreement and conclude construction in 2014, provided however, the District shall not be in default hereunder for failure to either begin or end construction by the above-recited dates. The District agrees to construct this bike trail in a manner consistent with the design plans, specifications and the building permit approved by the City. The District will provide a one (1) year warranty for construction and design. As consideration for this Agreement, once the Englewood Director of Public Works has approved and accepted the completed bike trail, the City will accept ownership of and maintain the bike trail and amenities in a manner consistent with the City's maintenance of its other park facilities for the Bike Trail' s useful life . Upon acceptance of this bike trail, in writing by the Englewood Director of Public Works, the City agrees that the bike trail has been constructed in accordance with the design plans and specifications that Englewood has reviewed and approved; and all rights and title to the bike trail will be conveyed to the City of Englewood. E x H I B I T 1 From and after the effective date of the conveyance of the bike trail and improvements, City agrees to own, operate, maintain, and replace the bike trail and related improvements . City further agrees that the conveyed bike trail will be available for use by the general public. However, The City reserves the exclusive right to change or remove all bike paths in the City consistent with long range City Parks plans, From and after the date of conveyance the District will have no further obligation for operations, maintenance or replacement of any portion of the bike trail which is the subject of this Agreement. C. Miscellaneous Provisions: 1. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 2. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the Parties and the authorized signatories for the Parties. 3. All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, and regardless whether actually received or not, three days after deposit in the United States Mail, first class, postage prepaid, registered or certified addressed as follows: Englewood: City of Englewood City Manager 1000 Englewood Parkway Englewood, CO 80110 With a copy to: City of Englewood City Attorney 1000 Englewood Parkway Englewood, CO 80110 District: South Suburban Park and Recreation District 6631 South University Blvd. Centennial, Co. 80121-2913 With a copy to: Timothy J. Flynn Collins Cockrel & Cole PC 390 Union Boulevard -Suite 400 Denver, CO 80228 2 • • • • • • ' 4. This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Colorado. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 5. This Agreement constitutes the entire agreement of the Parties hereto. The parties agree that there have been on representations made regarding the subject matter hereof other than those, if any, contained herein. That this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration ofone another. 6. This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties. 7. If litigation is commenced by any of the Parties concerning this Agreement. the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs form the other Parties. IN WITNESS WHEREOF, Englewood and South Suburban Park and Recreation District have executed this Agreement. CITY OF ENGLEWOOD, COLORADO Randy P. Penn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk 6631 South l.Jniversity Blvd . 3 . ;. \ Centennial, Co. 80121-2913 303 798-5131 STATEOFCOLORADO ) ) SS. COUNTYOFARAPAHOE ) H 0 ,...., / _ i;~: foregoing instrument was acknowledged before me this _J_ day of ""'--v-~_£_.r___,, 2014, by John K. Ostenniller, President of South Suburban Park and Recreation District. J:l:._ss my hand A'· ~~~~ Notary Public . My Commission expires: /1pn( 15; ZCJ/8 , • • • 4 ~ i: ::::> 0 VI l.&I :c t- i.&. 0 I- ~ < I ' ·~~g~-~!~~llil~~,~ --------.!;::;;;;::=--;-. : I =-' -, , ---------------------1:---::-::=-=-; 1. I . ! 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WHEREAS, Grantor owns Belleview Park in the City of Englewood, Colorado; and WHEREAS, Grantee desires to install a bike trail within the Parle pursuant to an intergovernmental agreement between the parties executed , 2014; NOW THEREFORE, in consideration of the mutual covenants of the parties, more particularly hereinafter set forth. the adequacy and sufficiency of which are hereby aclmowledged, it is agreed as follows: 1. Temporary Construction Easement. Grantor hereby grants to Grantee, its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, over, under and across the City property for the construction of a Bike Trail pursuant to the Intergovernmental Agreement (the "Project"), attached as Attachment 1. 2. Tenn ofEa.<;ement. The Project will begin no sooner than November l, 2014 and will be completed no later than December 31, 2014 . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Granter, and this Temporary Easement will be deemed to have tenninated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City property for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: I) Nonnal working hours shall be consistent with COOT construction hours, Monday through Friday; and 2) the operation of the equipment and heavy trucks will be pennitted on the Englewood City property R-0-W only during normal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regarding as is necessary or prudent to restore the surface of the City property to its original condition including inigation facilities. S. Insurance. South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Govenunental Immunity Act, CRS §2+10-101, et seq., as amended (the "GIA"), and shall maintain at all times during the tenn ofthis Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. E x H I B 2 • • • • • -'· \ 6. Assignment This Temporary Construction Easement is assignable only with the written pennission of the Grantor, which pennission will not be unreasonably withheld, conditioned, or delayed. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Constnlction Easement on the date and day first written above . CITY OF ENGLEWOOD, COLORADO By: ____________ _ Jerrell Black, Director .of Parks & Recreation The undersigned officer of Grantee has read the foregoing Temporary Construction Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the tenns and conditions thereof. DISTRICT STATE QF COLORADO ) ) SS. COUNTYOFARAPAHOE ) Ah The foregoing instrument was acknowledged before me this _lS_ ·_. day of OcJrs.IO~ , 2014, by John K. Ostenniller, President of South Suburban Park and Recreation District. ~]},SS my hand ruid 1p ~ '?:' ~c{J Notary Public -> My Commission expires: Pf>M)_ I~ Ztl/8 . '·· INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF THE "BIG DRY CREEK TRAIL CONNECTION AT BELLEVIEW PARK" THIS AGREEMENT is made this __ day of , 2014, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, (hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, (hereinafter referred to as "District"). WHEREAS, the City of Englewood and South Suburban Park and Recreation District are cooperating in the development and operations of a pedestrian and bicycle trail within the city limits of Englewood across the City's Belleview Park (bike trail) to complete connections for the "Big Dry Creek Trail". NOW THEREFORE, the City and the District agree as follows: A. Bike Trail Improvement Plans: 1. The proposed improvements necessary for the Bike Trail (the "Improvements") are detailed on the plans (the "Plan") in Exhibit A, attached hereto and incorporated herein by this reference. The City hereby grants to the District the right to access and construct the bike trail and improvements in accordance with the terms of this Agreement and the plans and specifications approved by the City. B. Construction, Operation and Maintenance of the Bike Trail: The District will, at its own cost, construct a bike and pedestrian trail across a portion of the City's Belleview Park for the purpose of connecting the Big Dry Creek Trail and the Littleton Community Trail. This bike trail shall consist of a crusher fines trail as shown on Exhibit A attached hereto. The District will be responsible for construction of the bike trail and improvements. The District shall endeavor to begin construction upon passage of this Agreement and conclude construction in 2014, provided however, the District shall not be in default hereunder for failure to either begin or end construction by the above-recited dates. The District agrees to construct this bike trail in a manner consistent with the design plans, specifications and the building permit approved by the City. The District will provide a one (1) year warranty for construction and design. As consideration for this Agreement, once the Englewood Director of Public Works has approved and accepted the completed bike trail, the City will accept ownership of and maintain the bike trail and amenities in a manner consistent with the City's maintenance of its other park facilities for the Bike Trail's useful life. Upon acceptance ofthis bike trail, in writing by the Englewood Director of Public Works, the City agrees that the bike trail has been constructed in accordance with the design plans and specifications that Englewood has reviewed and approved; and all rights and title to the bike trail will be conveyed to the City of Englewood. A T T A • M E N T 1 • • • • • From and after the effective date of the conveyance of the bike trail and improvements, City agrees to own, operate, maintain, and replace the bike trail and related improvements. City further agrees that the conveyed bike trail will be available for use by the general public. However, The City reserves the exclusive right to change or remove all bike paths in the City consistent with long range City Parks plans, From and after the date of conveyance the District will have no further obligation for operations, maintenance or replacement of any portion of the bike trail which is the subject of this Agreement. C . Miscellaneous Provisions: 1. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 2. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the Parties and the authorized signatories for the Parties. 3. All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, and regardless whether actually received or not, three days after deposit in the United States Mail, first class, postage prepaid, registered or certified addressed as follows : Englewood: City of Englewood City Manager 1000 Englewood Parkway Englewood, CO 80110 With a copy to: City of Englewood City Attorney 1000 Englewood Parkway Englewood, CO 80110 District: South Suburban Park and Recreation District 6631 South University Blvd. Centennial, Co. 80121-2913 With a copy to: Timothy J. Flynn Collins Cockrel & Cole PC 390 Union Boulevard -Suite 400 Denver, CO 80228 2 4. This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Colorado. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 5. This Agreement constitutes the entire agreement of the Parties hereto. The parties agree that there have been on representations made regarding the subject matter hereof other than those, if any, contained herein. That this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 6. This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties. 7. If litigation is commenced by any of the Parties concerning this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs form the other Parties. IN WITNESS WHEREOF, Englewood and South Suburban Park and Recreation District have executed this Agreement. CITY OF ENGLEWOOD, COLORADO Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk 6631 South l.Jniversity Blvd. i { 3 • • • • • • . .. \ Centennial, Co. 80121-2913 303 798-5131 STATEOFCOLORADO ) ) SS . COUNTYOFARAPAHOE ) 'f ~ 0 ~ 1 _ ~~: foregoing instrument was acknowledged before me this _i_ day of ~--v-"'f'Vll..E_ __ .r-_,, 2014, by John K. Ostermiller, President of South Suburban Park and Recreation District. j];_ss my hand z ~4 ~ Notary Public My Commission expires: /1pn(· 15; ZlJ/8 4 ~ .. ;;;1 ;i I r =I !; ~· .. 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AT NO llMf =C~ ~~E~~.v:~~ <:'::o n:NI~:=~-~~ 51 1+1 ''Ila r· • I I· i i i I ~ MATCHLINE ·SEE SHEET SMP2·BDC • I I / ~ ;r i ~ i ~ ./ ., ~ EXISTING DOG PARK .. \ I I I I I I I I I I I I -~' LEGEND ----"'--~ oii 0 ,, 0 E3 LMT5 OI' a.51llLCKIN """"""""" f.ASDOT UNC """""' 100 Y1t n.GOPrLAN ........ *YWnOGOrl.lilH -· IDU1IMG .... Ofll CDl'Qllll IDIS1llfc-.-c:oinell# --"'"""" PllaPOSIED MA.al COIUC&.IR D«AlfrWZ. fl.OW llE EllSAMA~A .... DISllHA,.H'l'DllNCT IDISllMC Ur.Hf .,..,..,.._..,, EOSMG 9Qt ....... """' EJISllflC UtoOICltQ,IJG 1nO'tQtC UH£ IDISllHIOU~ ............. ·--~10'--TltML GESC LEGEND I~ 0 lfUT MOlD: ... ~ 'tllJ:IETA'B)IUlf'D 0 @~t.WMHJUTAISA ~ ® VfHICU 11UOllG QIHnQ. --@ SIDMIHf" CON•CL ~ ~@--......­ ~@-......._.,_.. • --• (@> UllS OF CXlilSJltUCDOM ~®-"'"""'" ... ,....,. I IS .. llM USIU -J..:11~ ·~c::.­.,..,_ ------ --~---, g;.-r5:~~~ ::::.::.,~~~ c 0 t5 Q) c c 0 u e 1- ~, o Q) "'O e ~ U8 ..u...ttl i;.MiU ~.\ .. H101JIO KZ>-14 liO::IO:E."5 ~A IM; KD oeorm. BN ~-&. 06-1~1• 07-03-1'4 •tetwWI.. """""""" --........... Manag.-lAM l'\m---I AREA'B' €>~L5!!~BDC . . ICA.U: ,.... ... • S. WINDERMERE STREET 1.lllll!S) J.l'l'TLITON ·----------------llNliLEirooD"----------------------------------------------------------J -..... -·--· '----- ~ / I ip i. ~ l rn rr-.... ~r: ii! ~k rac: si I r i !i· ¥"' t ~ . {~ m .. -SJeo _ --- ···, ...._ ' · .. ...._ ...._ ' ..... Big Dry Creek Trail Connection Englewood, Colorado tli!'i l ~ 1n1t r ' I ~ 111::= tf-!f ~ f p~ ... :, '§i-?. W1 1!i r! , fi ,l•t! ~ _.... ··ts..1.h. .. :, - • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A "LICENSE FOR A CITY DITCH CROSSING AGREEMENT", AND A "TEMPORARY CONSTRUCTION EASEMENT" WITH SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE INSTALLATION OF A BIKE TRAIL CROSSING CALLED "BIG DRY CREEK TRAIL CONNECTION" CROSSING ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY AT SOUTH WINDERMERE. WHEREAS, South Suburban Park and Recreation District submitted a License for a City Ditch Crossing Agreement and a Temporary Construction Easement to the City; and WHEREAS, the License Agreement and the Temporary Construction Easement will allow South Suburban to install a Bike Trail across Englewood's City Ditch Right-of-Way at the location of South Windermere -Cornerstone Park; and WHEREAS, the Englewood Director of Utilities recommended approval of the "License-City Ditch Crossing Agreement", and a "Temporary Construction Easement" to South Suburban Park and Recreation District at the Board's October 7, 2014, meeting; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the "License-City Ditch Crossing Agreement", and a "Temporary Construction Easement" to City Council at their October 7, 2014 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The License Agreement for a City Ditch Crossing, attached hereto as "Exhibit 1," is hereby approved by the Englewood City Council. Section 2. The Director of Utilities is hereby authorized to execute the License Agreement for a City Ditch Crossing and the Temporary Construction Easement for and on behalf of the City of Englewood, Colorado . Section 3. The Temporary Construction Easement, attached hereto as "Exhibit 2" is hereby approved by the Englewood City Council. Section 4. The Director of Utilities is hereby authorized to sign the Temporary Construction Easement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of October, 2014 . 9 b iii Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. • Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days . Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on the 7th day of November, 2014. · Published by title on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, 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 2014. Loucrishia A. Ellis • • • • • LICENSE AGREEMENT FOR A CITY DITCH CROSSING . OF THE "BIG DRY CREEK TRAIL CONNECTION" BIKE TRAIL THIS LICENSE AGREEMENT, made and entered into as of the __ day of __________ , 2014, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, whose address is 1000 Englewood Parkway, Englewood, CO. 80110 hereinafter referred to as "City'', and SOUfH SUBURBAN PARK AND RECREATION DIS TRI CT, whose address is 6631 South University Boulevard, Centennial, CO. 80121, hereinafter referred to as "Licensee." WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns, to install a Bike Trail crossing over the City 's Right-of-Way for the City Ditch, in the County of Arapahoe, State of Colorado, described as a parcel of land situated in the: South East ~ of Section 9, Township 5 South, Range 68 West, of the 6th P .M ., City of Englewood, County of Arapahoe, State of Colorado. Being more particularly described in the attached hereto Exhibit A. The above-described parcel contains 0.093 acres (4,052 square feet) more or less . 1. Any construction contemplated or performed under this License shall comply with and conform to reasonable standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed in substantial conformance with the approved plans, consisting of two sheets, a copy of which is attached as (Exhibit B), and made a part hereof. 2 . Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Bike Trail Crossing so that the City may, in its discretion, inspect such operations. 3 . Within sixty (60) days from the date of the commencement of construction of said Bike Trail Crossing, the Licensee shall complete such construction, and shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. Construction shall be deemed completed upon written acceptance by the Englewood Director of Utilities . 1 E x H I B I T 1 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. In the event the Bike Trail Crossing should interfere with any future use of the City City Ditch Right-of-Way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Bike Trail Crossing or other appurtenant installation thereof shall be made at the sole expense of the Licensee. 6. The stipulations and conditions ofthis License shall be incorporated into contract documents with any third party contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 9. All trenches or holes within City Ditch Right-of-Way shall be backfilled and tamped to the original ground line consistent with the City's construction standards. 10. As between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking though the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 12. Insurance. South Suburban Park and Recreation District is a "public entity'' within the meaning of the Colorado Governmental Immunity Act, CRS §24-10- 101, et seq., as amended (the "GIA"), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. 2 • • • • • • 13. 14. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. As consideration for this License, Licensee shall pay for all costs for construction of this Bike Trail Crossing, including enclosing the City Ditch in1pipe in this area consistent with the drawings attached as Exhibit B. Licensee assumes all responsibility for maintenance of the Bike Trail Crossing in accordance with the standards and practices of South Suburban Parks and Recreation District and consistent with other South Suburban Parks and Recreation District facilities including: a. Removal of litter and debris from the Bike Trail; b. Managing vegetation along the Bike Trail, including mowing of Bike Trail shoulders, trimming of hazardous limbs from trees, maintenance of irrigation systems and removal of noxious weeds along the Bike Trail using a method approved for use near drinking water source; c . Maintaining Bike Trail surfaces, signage, rest areas, furnishings, and trash receptacles; d. Removal or painting over graffiti; e. Repairing structural damage to Bike Trail surfaces, retaining walls, and fences; and f. Use reasonable measures to control vandalism and dumping along the Bike Trail. 15. South Suburban Park and Recreation District is hereby acknowledges that the Trail is incidental to the priority use of the City Ditch and agrees that should there be a conflict between the priority use of the City Ditch and South Suburban Park and Recreation District's recreational use, the safety and continuation of the City's use shall control. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first 3 above written. CITY OF ENGLEWOOD, COLORADO Stewart H. Fonda. Director of Utilities • Chainnan The undersigned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the tenns and conditions thereof. STATE OF COLORADO ) } SS, COUNTY OF ARAPAHOE ) John K. Ostenniller, President ddress: 6631 South University Blvd. Centennial, CO 80121-2913 303 798-5131 .# /1 . The foregoing Agreement was acknowledged before me this _L day of{,_/C.~. 2014, by John K. Ostenniller. President of South Suburban Park and Recreation District. wz:t.x~ Notary Public My Commission expires: /)pn r I~ ZGJ 18 I I .. ~ ..... ,..------DC~~~~.A K. SfiirEPr~.~~.r~J NOTARY Pl ' . ·~ !i·."; STATE OF C'~::.. • , ,,P,D O NOTARY ID 1998401 04 55 Mr COMMISSION~ APRIL 15, 2018 • • • 4 • • • EXHIBIT u Au LEGAL DESCRIPTION A TRAIL EASEMENT OVER ANO ACROSS A PORTION OF THE ENGLEWOOD CITY DITCH LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE ea WEST OF THE 61h PRINCIPAL MERIDIAN; CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BE:ARINGS: THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, HAVING AN ASSUMED BEARING OF NORTH 00 °05 141 M EAST. . COMMENCING AT THE SOUTH QUARTER OF SAID SECTION 9; THENCE NORTH 03.,37'06~ EAST A OJ STANCE OF 7 43.96 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY OF THE ENGLEWOOD CITY DITCH, ALSO BEING THe POINT OF BEGINNING; THENCE THE FOLLOWING SIX (6) COURSES; 1. NORTH 13°10'2011 EAST. A OISTANCE OF 56 .54 FEET; 2. NORTH 25 °12'18'' EAST, A DISTANCE OF 41.45 FEET: 3. NORTH 261';08'43" EAST, A DISTANCE OF 3.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 16.00 FEET , THE RADtUS POINT OF SAID CURVE BEARS NORTH 65°02'04" WEST ; 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°14'36", AN ARC LENGTH OF 19.89 FEET TO TH! BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING ARAOlUS OF 50.00 FEET; 5. NORTHWESTERLY ALONG SAJO CURVE THROUGH A CENTRAL ANGLE OF 39~37'11 ", AN ARC LENGTH OF 34 .57 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 62 .00 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°13'41", AN ARC LENGTH OF 25. 14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ENGLEWOOD CITY DITCH; THENCE NORTH 27°44'02" EAST, ALONG SAID NORTHERLY RIGHT .. Q-WAY, A DISTANCE OF 79 .23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTE.RL Y HAVING A RADIUS OF 45.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 82°15'36" WEST; ·rHENCE THE FOLLOWING FIVE (5) COURSES; 1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60"56'19", AN ARC LENGTH OF 47 .86 FEET TO THE Bl::GlNNING OF A REVERSE . CURVE CONCAVE SOUTHEASTER.LY HAVING A RADIUS OF 174.00 FEET; 2. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09"30'10 11 , AN ARC LENGTH OF 28.66 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 42 .00 FEET; V :\54214-02 ·City Ditch Easement\Legals\Trall Easement.docx Page113 a x H I a + ·:A 3. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32e.00'18", AN ARC LENGTH OF 23 .46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30 .00 FEET; 4. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5~"'57'26°, AN ARC LENGTH OF 28 .25 FEET; 5. SOUTH 62~15'58" EAST, A DISTANCE OF 13.75 FEET TO A POINT ON SAID SOUTHERLY RIGHT- QF .. WAY OF ENGLEWOOD CITY DITCH; THENCE SOUTH 27~44'02" ~ST, ALONG SAID SOUTHERLY RIGHT~OF ~WAY, A DISTANCE OF 132.43 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.093 ACRES, (4,052 SQUARE FEET), MORE OR LESS. V:\54214 ~02 -City Ditch Easement\Legals\Trail Easement .doc:)( Page2l3 • • • IL.LUSTRA .TION PARCEL tNTAINS 4.052 (SQ.FT.) =.··· ........ 0.093 ACRES E ~ORE OR LESS 11 1 f ~ ~ 5 0 Cll TO EXHIBIT A APPROX/AMT£ LIMITS FNGLWOOO CITY OITCH CURVE C1 C2 CJ C4 C5 ca C7 0 l A PARCEL OF LANO IN 1HE SOUTHEAST QUARTER SECTION 9 T. 5 S., R. 68 W. CITY Or ENGLEWOOD PARCEL NO, 2077-09-4-00-015 BOOK 1864. PAGE 517 CURVE TAal.£ DELTA RADIUS LENG1H 7114'36. 1e.oo• 19.89' 39•37•11• 50.00' 34.57' 23'13'41" 62.00' 25.14' so·se·19" 45.00' 47.as· 9'J0'10" 174.00' 2s.aa• 32'00'18 .. 42.00' 23.46' 53'57'26. 30,00' 28.25' 2S St> 100 I I ....... I 1 inch= 50 ft. N01£: THIS DRAWING D0£S NOT REPRESENT A FIELD MONUMENT£!) SURVEY ANO IS ONLY INTENDED TO DEPICT l'H£ ATTACHEO LEGAL DESCRIPTION. EASEMENT EXHIBIT SE 1/4; SEC. 9. TSS. R6BW. 6TH P .M. COUNTY OF' ARAPAHOE, COLORAOO . Nl.UIO 5421!,.0 3 .· 3 • • • ~:! ® Knowwh11'1 below. Callbofanyau d1g. a ~! uenu ii!:i1!;12 ?:t~;;~ i1Uiil ~·~!·~JhJ '"'?E1ilifl ,.,,.. :~A~iJ~~~!J di "~'1·'i1: ::dh 1'1:l ~ ~.:i~t~ ,a; 'l!;:!~~g:h i ,,~!1r~11 · i ~~~~!,ifJi; i.'l"l-.,a.2-"l a ;i i ~~1 1 ~~l l!Jl!l;i n. •1,1•1Jl;:1 • -~· j -. i~o il ' I!! •• ,, 11· .. 1 11•1-lltlil; -'•ill F !li!!1Hti~ . ~~HWHi~ i '1 zHi f~i H ~ -.... "' l ~:. tr I I / I H //·/ ,/ I / . ~· I I . '! / _;.-,-+--,--,f. r6P OF HEAOIVAU.; ' I ,2.50 I # I I ; . I I ~ . I /1 I . I ~=/ I l I I I / 'I' .i I I / /; l . '> . . I Ii /! i . '; 1 1 ! I;,; / j ' . ~ K~oP OF TRAiL.:64.52 / / ,.J ~ J tv\TOPOF / ! "/\, ~ \HEADWAU.; . 62.7 I I 11 I ;· .I 1.' I / I I {; I f./ I I I \ i ~ 11 : /t 7'~:r--l"' f/d/ f I {; J f, h I I 1/ I /, I . I. . .. 1/ /-' , ~,· ,t ,I\· ~,\~{)\) /·,/¥ // (, .. ~ I iV '~ . 'I ! \ "/ / / ~ .. · . _,n.d r . [.~'I .. \1 \A I I /; r r '( '1 ! 8 CITY DITCH CROSSING • PLAN NOTE: PVC PIPE SHALL MEET 1HE REQU IREMENTS OF ASTM F794 (DUAL WALL CORRUGATED PIPE) OR ASTM F1803 (CLOSED PROAL£) WITH CELL CLASSlRCATION 12454, PIPE STIFFNESS • 46, SMOOTH INSIDE WALL ANO GASKETEO JOINTS. 5'-a" (FURED. T"TP .J 2-RIJL WOOD FENCE------~ "RANDOM RELDSTONE LARGE" - lf7DJ14 BY DAYTON SUPERIOR OR APPROVED EQUAL 5310 io·-o· ·--5310 5369 .... ,_ -·----....... --... -·-.. -,_,,,_,,_ .. _.... 5389 5368 -:~b~SED --------5368 5367 ....... ....... ................ 5J67 5368 ...... _. ...... . -·-.. 5J68 5365 5J65 5364 ·-...... -·---·----------5364 . 5363 5J63 5J62 ... 5362 5361 5361 5360 . 5J60 5359 .PROlllOE...TRASH GRATE.._,,,, ___ .. '·'· '.r • _. 5359 5358 ~ ~cJJllrE:4~.Sl~E.+ -· ----5J58 5357 b~~B~~T~F~-·t 55 'l.fi'.:48•-pvc -----5357 5358 .. -'APPROVAL}"..... 1--· ... -·----.............. 5J58 53~ ~-------------------------~~ 53~4 ..... ·-.......... -----........ --.. -............................ _ ........ ---.... . ----· 5354 ~HEADWALL ELEVATION • TYPICAL WALL LAYOUT LINE___, VARIES -RE. TRAIL PlANS. I RE. HEADWALL ELEVATION FOR FORMUNER REQ'S. 5370 $570 5lH ....... _. .. .. ........ ....... TQ!". Q!' 11!.~ll,.;.6~·~1.. • .. P!lO_PO_S_Ell_ !R.Al_L .. .. .. 5lH ffi .,.. RNISHED GRADE _ ... ..... _... 5311 5311 .2-,.f!Ali wtlOO .fENC.E ............ _ ·-... . ..... .. ................... 5,., :: --.... -· -. ..... -. ------· ~N15HE!i GRA6E:-.. .,.. 5,.4 .•. •. . .. _ . f""= {l~.f~f:Ell CONCR(lt 53"3 !1382 5311 ........ ····-·-···· ·-· -5311 :: -· -'~~~.~:_5.Z·.~--.. = 5351 ···-· .•. ··--··. --· ·53'1 ~I APPROX. FIN . GRADE 11" #SQ12"E.W. [TOP &BOT.) 'Z'CLR. :~ ····-.... . ..... --··:·.:.: -=~------~$~--· ·:: --+-l--10" 5355 5355 1'--0"·----- 48"PVC PIPE 5354 ~~g-:rM°tJWllB&~DiwEb"irJ;-TllirJ~~·-• -... .• ~~g~11XN ~~C~8~ifii ~m4MrJ~OO< 5354 3'-0" 3'-8" CHECK OAM ANO SPREAD ROCK UNIFORMLY IN BOTIOM CHECK DAM AND SPREAD ROCK UNIFORMLY IN BOTIOM or DITCH , T'TP . EACH ENO OF CULVERT. OF DITCH, T'TP . EACH END OF CULVERT. 0 CITY DITCH CROSSING • SECTION 0 CONCRETE HEADWALL • TYPICAL CD 0 15 60 F"-m I 5 lO SCALE: 1"•30'-0" AREA 'B' ~m11 .. !1 www.dhmdeslgn.com REUSE OF D OCUMENT 111is ~.,, 1• lh.t property of lHI °"""' c--. n,. --°"" design ~earpOl'o t.-d on this doQun.,.f is en .,_ltutrient of ,_,..,... -*-_, ... ttot ,,. 11Sd••1~Pt'fljlddfwwt idt.-~.t DHllo-iJ'l("aJI. c: 0 t5 Q) c: c: 0 (.) ·-~ I- ~ Q) ~ (.) al 0 'U ~ 0 0 (..) 'U 0 ~ 15> c w PRO.ECT HIJMS!:R: DATE 14107.00 05-23-14 llf9GHED, BN Dl<Art<: KO CHEC<m BN RE\19 "'5: JOS llfSCllJPTiotl : Construction Documents ·~m·ru·············· .. ····· Trail Crossing Profile and Details '9<iii'iiim····· ............ . TCI.l ~ .............. u.c ~--lfSHEET_OF • ! m! -1 H~al. -L ··• • -·i·· !.~ ·,•1 .!.-::I -~ li U:H • jj 11;1i I!! W!! I.in ,ii;j1 J,111m1,1:l1 ... ! .... iht 1:;pi!{jH!; t~i;;;hJj~~ lfo¥l!!~·~·' ·::1!-~~H;~~t~~ h!!;i~?M;i '<•!3;-,,1,., !~B'tif!l-~i=!!} .. i ;;j~::1h;::•ij l '0 ii1f :~1 : to '~~;--... iii"j~ ~~~:~~ni .~ae i;U2..1:1~~·H ... !.:,.".':'jui;i ·! i;;:••'1•!M1 ... 9;1;~:! ! ii . ii;.:~: ~i~·='-iijJ:!!m·~i 1:;~~:~.~1uis ,,;~1:mJ! ,, 11,;:'lJi<•·1 ~hl;i""''H' '"'F''. •1ji ~~~i~H:i!~~ u~:~~t1~1m ~!!;lit: li~ 1ill~:-jl:j1F i~i!~i.;;;n; ~1mmmm ' ' ' i -j in '"'t;:i "f. t '® Know w11.r1 below. Calf blfo11 you dig. CJ) MATCHLINE-SEE SHEET L2.9 I 1 cONTRAC~~ Iyo ADJUST I IRRIGATION CONTROL 1 ~l<ES IN IOIST\JRBED IAREAS. o:i z 0 E:: u f.······· CORNERSTONE PARK :-. ' I ), /1 / I I I / I I I f '\ I .,. I I 0 fl? I/) I I I I CP , A§795 I -- ,·f I I --c;,-;-m !/ !· / \ I \ ' ;.~. \,\· j' I ,,; i I 'i '' , 'I I > ~."'~\\ \' ..:: r 7 f· ! ;; /,: ' 1 r • ' I 'I I ' '·, I i " I I I v . I \ I , \1 1 ,·,~ \ '// \ \ i r g~ r;;;' l '.;Ef._! '\,r 'ti\. '' I " 1 j %. i;;{ :~ ::.r I ~ __ I . '.1 , F ... ! j ',. ; ... ': i~"-,···i' ,-' " .... , .. l. ; ; CD KEY MAP / . ll s · JI ~ LEGEND 'O 1$1: -.:1 ¢ 0 ·---· .• =1---- ---: t . ~ ~ C:=J LIMITS OF CONSTRUCTION PROPERTY LINE EASEMENT LINE EXISTING MINOR CONTOUR EXJSTING MAJOR CONTOUR FLOOOWAY 100 YR FLOODPLAIN ZONE AE 500 YR FLOODPLAIN ZONE X EXISTING VEGETATION EXISTING DECIDUOUS TREE EXISTING E\oe!GREEH TREE EXISTING ARE HYDRANT EXISTING LIGHT EXISTING MANHOLE EXISTING SIGH EXISTING FENCE EXISTING UNDERGROUND TELEPHONE LINE EXISTING UNOERGROUNO ELECTRIC LINE STORM SEMR PROPOSED 1 O' 'MOE CRUSHER ANES TRAIL PROPOSED 1 O' \lllOE CONCRETE TRAIL PROPOSED TRAIL CENTER LINE 0 15 60 I'"-I 5 30 AREA'S' SCALE: 1'=30'·0" ~UN ~lSrnl ;~-~ 0enY91". co 80209 303.892.5566 www.dhmdesfgn.com ~--· REUSE OF DOCUMENT :;., ~c.: 't =-.z dnlgn /nr:arponrlM an thl• docum#rl la ~ ln.sfn.11nent of pro~_..nJJholltOIN "-''°'•Y°"*"P"'}llf;t•ltilout ..,_t11~0/HDlflfgltQlrp. c 0 1J Q) c c 0 u PRO.ECT -DATE 14107.00 05-23-14 OESCHED • BN DRAYl!t KO cm:a<ro: BN RE\ISllJ<So .Xl8 DESCRIPTill<• Construction Documenlll .................................. Sl<EET mu:: Layout& Materials Plan -~iii' iitii&it" .............. ' .. L2.10 SHEET. OF • • • GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CITY DITCH CROSSING BY "BIG DRY CREEK TRAIL CONNECTION" BIKE TRAIL THIS EASEMENT AGREEMENT is made this_ day of , 2014, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, acting through its Water and Sewer Board {"Grantor") {hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, ("Grantee"). WHEREAS, Grantor owns a Right-of-Way for the City Ditch, a carrier ditch ("City Ditch") R-0-W"), which is located as described as Exhibits Aand B; and WHEREAS, Grantee desires to install a Bike Trail Crossing within the City Ditch Right-of- Way pursuant to a License between the parties executed , 2014; NOW THEREFORE, in consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Temporary Construction Easement. Grantor hereby grants to Grantee, its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch R-0-W for the installation of a Bike Trail Crossing pursuant to the License Agreement (the "Project"), attached as Attachment 1. 2. Term of Easement. The Project will begin no sooner than November 2, 2014 and will be completed no later than December 31, 2014. Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor, and this Temporary Easement will be deemed to have terminated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch R-0-W for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) Normal working hours shall be consistent with COOT construction hoW'S, Monday through Friday; and 2) the operation of the equipment and heavy trucks will be permitted on the Englewood City Ditch R-0-W only during nonnal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regarding as is necessary or prudent to restore the surface of the City Ditch R-0- W to its original condition. 5. Liabilitv. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year, and Grantee will assume liability for any damage to adjoining property caused by water flow from the City Ditch or Pipeline at the point where the work is to be performed. 6. Insurance: South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Parle and Recreation District shall show proof of such insurance satisfactory to the City, E x H I B I T 2 ~ I if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. 7. Assignment. This Temporary Construction Easement is assignable only with the written permission of the City of Englewood, which pennission will not be unreasonably withheld, conditioned, or delayed. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement on the date and day first written above . CITY OF ENGLEWOOD, COLORADO By: ____________ _ Stu Fonda, Director of Utilities ENGLEWOOD WATER AND SEWER BOARD ,Chainnan The undersigned officer of Grantee has read the foregoing Temporary Construction Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the terms and conditions thereof. ST ATE OF COLORADO ) ) SS, COL!NfY OF ARAPAHOE ) ~ 0 r L The foregoing instrument was aclmowledged before me this _i_ day of __ vrv __ >!!J. ___ ".J.....-__ , 2014, by John K. Ostermiller, President of South Suburban Park and Recreation District. ftPo~ission expires: irz t 15,_-. 20 tB \ r W.~!-~.A ~{. rir~i:PW-~1.~ .. .li NOl.'\RY ru,~·uc STATE OF COU' .[{,0,[)0 NOTA RY ID 199~4;Ui '1045 5 lilYCO•SStON EXPIRES APRIL 15, 2018 • • • 2 • • • LICENSE AGREEMENT FOR A CITY DITCH CROSSING . OF THE "BIG DRY CREEK TRAIL CONNECTION' BIKE TRAIL THIS LICENSE AGREEMENT, made and entered into as of the __ day of _________ _, 2014, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, whose address is 1000 Englewood Parkway, Englewood, CO. 80110 hereinafter referred to as "City'', and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, whose address is 6631 South University Boulevard, Centennial, CO. 80121, hereinafter referred to as "Licensee." WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns, to install a Bike Trail crossing over the City's Right-of-Way for the City Ditch, in the County of Arapahoe, State of Colorado, described as a parcel of land situated in the: South East~ of Section 9, Township 5 South, Range 68 West, of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado. Being more particularly described in the attached hereto Exhibit A. The above-described parcel contains 0.093 acres ( 4,052 square feet) more or less .. 1. Any construction contemplated or performed under this License shall comply with and conform to reasonable standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed in substantial conformance with the approved plans, consisting of two sheets, a copy of which is attached as (Exhibit B), and made a part hereof. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Bike Trail Crossing so that the City may, in its discretion, inspect such operations. 3. Within sixty (60) days from the date of the commencement of construction of said Bike Trail Crossing, the Licensee shall complete such construction, and shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. Construction shall be deemed completed upon written acceptance by the Englewood Director of Utilities . 1 A T T A c H M E N T 1 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. In the event the Bilce Trail Crossing should interfere with any future use of the City City Ditch Right-of-Way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Bilce Trail Crossing or other appurtenant installation thereof shall be made at the sole expense of the Licensee. 6. The stipulations and conditions of this License shall be incorporated into contract documents with any third party contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 9. All trenches or holes within City Ditch Right-of-Way shall be backfilled and tamped to the original ground line consistent with the City's construction standards. 10. As between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking though the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 12. Insurance. South Suburban Park and Recreation District is a "public entity'' within the meaning of the Colorado Governmental Immunity Act, CRS §24-10- 101, et seq., as amended (the "GIA"), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. 2 • • • • • • 13. 14. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. As consideration for this License, Licensee shall pay for all costs for construction of this Bike Trail Crossing, including enclosing the City Ditch intJ>ipe in this area consistent with the drawings attached as Exhibit B. Licensee assumes all responsibility for maintenance of the Bike Trail Crossing in accordance with the standards and practices of South Suburban Parks and Recreation District and consistent with other South Suburban Parks and Recreation District facilities including: a. Removal of litter and debris from the Bike Trail; b. Managing vegetation along the Bike Trail, including mowing of Bike Trail shoulders, trimming of hazardous limbs from trees, maintenance of irrigation systems and removal of noxious weeds along the Bike Trail using a method approved for use near drinking water source; c. Maintaining Bike Trail surfaces, signage, rest areas, furnishings, and trash receptacles; d. Removal or painting over graffiti; e. Repairing structural damage to Bike Trail surfaces, retaining walls, and fences; and f . Use reasonable measures to control vandalism and dumping along the Bike Trail. 1 S. South Suburban Park and Recreation District is hereby acknowledges that the Trail is incidental to the priority use of the City Ditch and agrees that should there be a conflict between the priority use of the City Ditch and South Suburban Park and Recreation District's recreational use, the safety and continuation of the City's use shall control. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first 3 above written. CITY OF ENGLEWOOD, COLORADO Stewart H. Fonda, Director of Utilities ,Chairman The undersigned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the tenns and conditions thereof. STATEOFCOLORADO ) ) ss. COUNTYOFARAPAHOE) John K. Ostermiller, President ddress: 6631 South University Blvd. Centennial. CO 80121-2913 303 798-5131 The foregoing Agreement was acknowledged before me this~ day orCJ~ 2014. by John K.. Ostenniller. President of South Suburban Park and Recreation District. W:?:: and officif ycaL ~?.~~~~ Notary Public My Commission expires: /tprt r I~ 2~ 18 I ii(i~m~ K. SHE P !,~!.U'~.) NOTARY F!.''-: ~·-~ STATE OF C'~/L -".AD O NOTARY ID 19984010455 Mr COMMISSION~ APRIL 11, 2018 • • • • • • EXHIBIT "A0 LEGAL OESCRlPTION A TRAIL EASEMENT OVER ANO ACROSS A PORTION OF THE ENGLEWOOD CITY DITCH LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN: CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADO : BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARlNGS: THE WEST UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, HAVING AN ASSUMED BeARlNG OF NORTH 00°05141 ~ EAST. COMMENCING AT THE SOUTH QUARTER OF SAID SECTION 9; THENCE NORTH 03 "37 '06" EAST A DISTANCE OF 743.96 FEET TO A POINT ON THE SOUTHERLY RIGHT· OF-WAY OF THE ENGLEWOOD CITY DITCH, ALSO BEING THe POINT OF BEGINNING; THENCE THE FOLLOWING SIX (6) COURSES; 1. NORTH 13Q10'20" EAST, A DISTANCE OF 56 .54 FEET; 2. NORTH 25"'12'18" EAST. A DISTANCE OF 41.45 FEE't, 3. NORTH 26 G08'43'' EAST, A DISTANCE OF 3.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 16.00 FEET, THE RADlUS POINT OF SAID CURVE BEARS NORTH 65°02'04t' WEST; 4. NORTHERLY ALONG SAID CURV5 THROUGH A CENTRAL ANGLE OF 71 °14'36", AN ARC LENGTH OF 19.89 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A .RAOJUS OF 50.00 FEET; 5. NORTHWESTERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 39 1137'11'\ AN ARC LENGTH OF 34.57 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 62 .00 FEET; 6.. NORTHERLY ALONG SAIO CURVe THROUGH A CENTRAL ANGLE OF 23 °13'41", AN ARC LENGTH OF 25 . 14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ENGLE.WOOD CITY DITCH; THENCE NORTH 27°44'02" EAST, ALONG SAID NORTHERLY RtGHT·O-WAY, A DISTANCE OF 79.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 45.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 62°15•36"WEST; THENCE THE FOLLOWING FIVE (5) COURSES; 1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°56'19", AN ARC LENGTH OF 47 .85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEA$TERL Y HAVING A RADIUS OF 174,00 FEET; . 2. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 "30;10'1, AN ARC LENGTH OF 28 .86 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 42 .00 FEET; V :\54214·02 ·City Ditch Easement\Legals\Trall Easement.docx Page 113 I! ~ I B I T A 3. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 ;,00'18", AN ARC LENGTH OF 23.46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY • HAVING A RADIUS OF 30.00 FEET; 4. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53"57'26 '\ AN ARC LENGTH OF 28 .25 FEET; 5. SOUTH 62 "15'58" EAST , A DISTANCE OF 13 .75 FEET TO A POINT ON SAID SOUTHERLY RIGHT- OF~WAY OF ENGLEWOOD ClTY DITCH ; THENCE SOUTH 27 "44'02" WEST, ALONG SAID SOUTHERLY RfGHT~QF .. WAY, A DISTANCE OF 132.43 FEET TO THE POINT OF BEGINNING . CONTAINING AN AREA OF 0.093 ACRES, (4 ,052 SQUARE FEET), MORE OR LESS . V:\54214 ·02 ·City D i tch Ea s ement\Legal s \Trall easement.doc:;x Page 213 • • ILLUSTRATION TO EXHIBIT A PARCEl. lONTAINS 4t052 (SQ.FT.) 0.093 ACRES MORE OR LESS APPROX/AMT£ LIMITS £NGLWOOO CITY OITCH CURVE C1 ca C3 C4 ce ca C7 0 I A PARCEL OF' LANO IN THE SOUTHEASi QUARTER SECTION 9 T. 5 S .. R. 68 W. CITY or ENGLEWOOD PARCEL NO, 2077-09-4-00 ... 015 BOOK 1864. PAGE 511 CURVE TAEIL.E OELTA RADIUS LENGTH 11i4•3e· 16.00' 19.89' 39•37•11" 50.00' 34.57' 23'13'41" 62.00' 25.14' 60"56'19" 45.00' 47 .86' 9'30'10" 174.00' 28.86' 32."00'18" 42.00' 2-'5.46 1 53"57'26" .30.00 1 28.25' 25 50 100 I I .··. I l lnch i= 50 fl NOTE: lHIS PRAWING DOES NOT REPRESENT A flElD UONUMENTED SURVEY ANO IS ONLY INTENDED TO OEP1Ci THE ATTACHED LEGAL D£SCRIP1lON. ™'!\$41!H!l w C!lt !IM r.e.t\N . t1A1.1!:$421...ol. fllldl. ~IJ)'l!D !lWG! £ .... CHK:_. ···-· ·-·. -- DA'ft: Saa/14 $CAI.£: 1• * SO' EASEMENT EXHIBIT SE 1/4; SEC. 9. TSS, R68W, 6TH P.M. COUNTY OF' ARAPAHOE, COLORAOO JOI .HUlil80 $42 . -3 · ~ • • • H :;:: r:m ~ Know whal's below. Call befor> yo u dig. 1111~~11r .. .!':i .. ~<t•J.~r·1l .W !m~;;::;,, l!:.!f~'!:~"l~ii;;j-.j nii·n u ~ ~H ~~~U!.~~~n~H ; Ul ~illliu ~~~: ; ffl{Hh~J: HH: tii· j ! ti ·~ HU~ H lH l;-i;: j~·~~ 1 ~ ::i I I I TOP OF HEADWALL l 2.50 ,/ '> I I /'; , I ),(;OP OF TRAIL 64.52 I -::: . 1 1\ I ~/'\ • ~OF ~ ~ 1,j \HEADWALL 62.)iO 1. ( T) I /I I I ··j ! 11 I I r~ if: \;' ·.;' i I c I .1 I I I i I .,, .. ! I I 'I , I ; : ' I/ CJ -~ / 1 I I / I I ,r.:,It I I I ,,.-...,_ I ., \----, I • .. -(00 ' ~ ' I -c--L...,' ; ; , . . ),'-... I ·;' II lj?/ '''I I /·. . .. ./ . I ~-(i.; . ' I ' '\ -lrl /-I I ' I I ~ '4--}-~ / . I I -' I I ', -I I ~ '1 i I / I i v, -~ 1.·· ~I . fl / I r ~~ 8 CITY DITCH CROSSING • PLAN NOTE : s·-a· (FURED. TYP .J 2-RAIL WOOO FENCE------~ 'RANDOM FIELDSTONE LARGE" 1'70314 BY CAYTON SUPERIOR OR APPROVED EQUAL 5·-0· (FLARED. TYP.) 10·-o· 5310 10' -o· 5310 5369 .... -.. -·-.. .... --. --.. 5369 5368 ..... ....... ··-···· 5366 5367 ··-·---· ··---·-·-· 5367 5366 --; -----·-·------5366 5365 5365 5364 ------····---·--·· --··· -··-······-·--···-·-···-·.. ----5364 5363 5363 5362 5362 5361 5361 5360 5360 5359 .PROVIDE .TRASH .GRA TE .. I 5359 ON UP-STREAM SlDE I I 5358 ~CULVERT.··-· ·j I 5358 5357 -~~':~:.1"ct'1F~R -1 55 u ' .. 4a;·PVc------CoNcRETE -HEAOWALL.=.;J 5357 5356 .APPROVAL) I· . . ... --·-.. . . -. . . . -RE: ··STRUCTURAL -. I . 5356 5355 L-----------~·-----------5355 5354 . ..... 5354 0 HEADWALL ELEVATION • TYPICAL PVC PIPE SHALL MEET THE REQUIREMENTS OF ASTM F794 {DUAL WALL CORRUGATED PIPE) OR ASTM F1 803 {CLOSED PROFI LE) \llTH GELL CLA SSIFICATION 12454, PIP E STIFFNESS -46, SMOOTH INSIDE WALL AND GASKmD JOINTS. RE. HEADWALL ELEVATION FOR FORMLINER REQ'S. #4@ 12" (CUT AS REQ'D AT PIPE) mo 5.370 :: .. FlNiSHEo CRA"OE -. . . . ..... ... TOP_ 9~ TR~l~6-~.5~ ~-I ~~C?._P~~-E; ~_Al_L_ -----::: 5367 --·---------5307 ::: ~~~6-~2-B:0-_c~CRETE ---· -------FlNlSH'tO GRADE ==: 536-4 J ------.R:E!.NF:~CEO CONCRElE . 535 • 5Jfi3 --------·-.. --·-----~E~O'ft'.~ll. -53153 "62 5361 5"52 -53<1 5360 5J60 5359 53S9 5358 . -53.58 5357 -· -· .. 5357 5356 5356 5355 S.355 535• l:OLLOVflNC COM~L.ETION _PF .. 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SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE APPROVING AN ENCROACHMENT AND INDEMNITY AGREEMENT PERTAINING TO THE CONSTRUCTION OF UPPER LEVEL BALCONIES EXTENDING OVER THE PUBLIC RIGHT-OF-WAY, AN ARCHITECTURAL CANOPY EXTENDING OVER THE PUBLIC RIGHT-OF-WAY, A HALLWAY EXTENDED INTO THE PUBLIC RIGHT-OF-WAY, AND A WHEEL CHAIR RAMP EXTENDING INTO THE PUBLIC RIGHT-OF-WAY. WHEREAS, Section 11-3-4 of the Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain terms and conditions and the issuance of an encroachment permit and indemnity agreement by the City; and WHEREAS, the property owner "Bannock Club, LLC" of 201 Englewood Parkway wishes to • construct a 30 unit apartment building with two ground floor live/work units; and • WHEREAS, the property owner was notified that the construction was in violation of the Englewood Municipal Code because it encroached into the Public Right-of-Way in several areas, and that an encroachment permit would need to be obtained; and WHEREAS, the City of Englewood received an application for an encroachment permit from the Owner of 201 Englewood Parkway for the construction of a 30 unit apartment building for: • Twenty-four (24) Upper level balconies extending 4 feet into the Public Right-of-Way on 3 sides of the proposed building; and • An architectural canopy extending 4.5 feet over and 114.8 feet along the Public Right-of- Way; and • A wheel chair ramp extending 4 feet into the Public Right-of-Way; and • An extended hallway (bump out) extending 2.3 feet into the Public Right-of-Way; and WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit and Indemnity Agreement" formally recognizing the dimensions of the encroachment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 9 b iv Section 1 The "Encroachment Permit and Indemnity Agreement" attached hereto as "Exhibit A" is hereby accepted and approved by the City Council of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th of October Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th of October Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City's official newspaper as Ordinance No. _, Series of 2014, on the 7th day of November, 2014. Published by title on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, 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 2014. Loucrishia A. Ellis • • • • • • ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT TIDS AGREEMENT, made this day of , 2014, between the City of Englewood, Colorado, a municipal corporation, and Bannock Club L.L.C ., a Colorado limited liability company, whose address is 5353 West Dartmouth Avenue -#508, Denver, CO. 80227, as the owner(s) of a certain parcel of real property legally described as: Lot 3 & N 37.5 Ft of Lot 4 Blk 1 Floods Add County of Arapahoe State of Colorado Commonly known as: 201 Englewood Parkway. The City of Englewood, Colorado, pursuant to 11-3-4 EMC, hereby grants to Bannock Club L.L.C. at the above described location, permission to: encroach upon the City's property for the sole purpose of constructing the building at 201 Englewood Parkway, as shown on the attached drawings labeled as Attachment 1, specifically twenty-four (24) balconies over three public Right-of-Ways, an awning, an extended hallway, and a wheel chair ramp attached as Attachment 1, with said encroachment consisting of approximately 1,073 square feet . The property owners and its heirs and assigns understand and agree that: 1. It will construct no other permanent structure, nor any plantings which will interfere with the City's full use and enjoyment of its property. 2. That this permission is a revocable license and is revocable at will and without cause by the City of Englewood, Colorado without hearing and without notice other than Notice of Revocation. 3 . That the property Owner shall remove any structure including balconies, awnings, hallway, bump out and wheelchair ramps after receiving Notice of Revocation by personal service or certified mail. 4. That the property Owner is estopped to deny the right of the City of Englewood, Colorado, to revoke the Encroachment Permit or to deny the property rights of said City. 5 . That the property Owner agrees to reimburse and indemnify the City of Englewood, Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing the structure(s) or any other expense as a result of granting the Encroachment Permit. 6. That the property Owner shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action and proof of such continuing insurance shall be provided to the City's Risk Management Division on an annual basis. Page 1of3 E x H I B I T A 7. That the property owner shall pay all reasonable expenses of preparing and recording this Agreement. • 8. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties . The party signing for Bannock Club LLC affirms that he/she has full authority to sign and bind the property Owner by this Agreement. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. ATTEST: Loucrishia A. Ellis, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF ) CITY OF ENGLEWOOD a municipal corporation Randy P. Penn, Mayor BANNOCK CLUB, LLC Property Owner a{:~~~k[C The foregoing instrument was acknowledged before me this /5tJ,, day of Ocf o~ er , 20~ by Nanna Nielsen Smith as Manager of the Bannock Club, LLC property owner of 201 Englewood Parkway, Englewood, Colorado 80110. My Commission expires: Page 2 of3 • • ARCHITECT • STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this /a-tfay of Qc,;--fa/o-er , 201.i_, by de e., S ; mm 011 s as the Architect of the Bannock Club, LLC property owner of 201 Englewood Parkway , Englewood, Colorado 80110. · My Commission expires: ... :r/3oj;.f' • • Page 3of3 EXHIBIT SOUTH BANNOCK STREET --------------------· T--- DEO<S DESCRIPTION: in ori - o;-- • I I I I I I I I : -----------, I I I I I I I DECK bJ• STH FLOOR I I I I I I DECK bJ 4TH FLOOR 1 I I I I I I -----.- ---,- DECK i I 3RD FLOOR~-~ : 46.8' I I I DECK ! I 36.2' 2ND FLOOR~ T~,· 15.0' 1ST FLOOR -----------~ 1"=-10' 4' x 6' DECKS (2ND TO 5'Tli FLOOR) EXTENDING 4 FEET SOUTH OF 'TliE EXISITNG BUILDING BEING 15.5 FEET, 53.8 FEET & 74.8 FEET WEST OF THE SOUTHEAST CORNER OF THE EXIS111NG BUIDUNG. GORDON S. PAGE Ill PLS 29048 KURT LINN & ASSOCIATES JOB I 1410-04 Al.1. f'EA'IUllES AND El.LVA110HS WE11E PLACED AND Cll SCAl!D PER PllCMDED Allatm:URAL PLANS (PDF) PllOWIED. A T T A c ~· E N T 1 • • • • • EXHIBIT RAMP 2 ..... a ttl ii': ~ ~ x ~ (/) w z Q ::J (.!) z 0 9 ~ 5 CD f--~ VI < w !:l L:J~ 1 I -----------------------------------------------~ RAMP DESCRIPTION: 4' >c 7' RAMP EXlENDING 4 FEET EAST OF 'THE EXISITNG BUILDING BEING 13. 7 FEET NOR'TH OF THE SOUTHEAST CORNER OF 'THE EXISITING BUIDUNG. GORDON S. PAGE Ill PLS 29048 KURT LINN 6: ASSOCIAlES JOB I 1410-04 1! 1·= 10' AU. FEA1Ull£S AND B.EVA110NS WERE PUCED Ne OR SCAl.m P£Jt PRCMIEll ARCH11ECURAL PLANS (PDF) PROlllDEJI. ~-------...- 1Z 12 DECKS 2ND-5TH FLOORS I I I I I I I I I I 12.3' ~.---------, ~ IW I I- I (;S I >- I< I 3': I ....J DECK l ;i_ 5TH FLOOR•t:::I=::c=t ;== ;::: ------.- ' I I I I I DECK 1 4TH FLOOR: .---1:::=~~=1 r--,__ -----.- ' I I I HALLWAYD :~ EXTENDED I co I I 61 .6' I I I DECK 1 3RD FLOOR! 1::=:±::::1' ;== ;::: . ---.-- I ,......I a:: I 01 Qi'. I ~I xi WI I I 46.8' 45.6' .._, w z :J 26.6' (!) z 0 :::::! :::> CD I- (/) < w ---------------~ 1"= 10 1 DECKS DESCRIPTION: I I I I DECK I 36 .2' 2ND FLOOR: 1ST FLOOR ---~-T25.5' r,s.o · 10.8' __________ ... 4' x 61 DECKS (2ND TO 51H FLOOR) EXTENDING 4 FEET EAST OF lHE EXISllNG BUILDING BEING 45.6 FEET NORlH OF lHE SOUTHEAST CORNER OF lHE EXISITlNG BUIDUNG. HALLWAY EXTENSION DESCRIPTION: A 2.3' x 6.s• HALLWAY EXTENSTION EXTENDING 2.3' EAST OF lHE EXISTING BUILDING o~ ... " "a c:• IUl'\OT\..J /'\IC" Tl.JC" en1 ITUC" A ~T l"l'\CU.l~O nr TUC" C-Vlt!'ITt..11" n1 Ill n ... .,, , . 1"= 101 • • • • • • 61.2' T' 10.0' ! EXHIBIT CANOPIES ELEVATIONS r--------------------------------, ! . 33.2' • ! I I I I I I I I I I I I I I I I I 1ST FLOOR I L--------------------------------~ 1"= 10' AU. nAlUREI AND El.£VA'llONS WERE Pl.ACED AND Oii SCAISl PER PllOlllDED ARatlECURAL PLANS (PDf-cAD) PROWIED. EXHIBIT WEST 4.0' r------------------ w z ::::J (!) z 9 5 CD 1- (J) ~ 42.8' I I ~c 1 DECKS 2ND-5TH FLOORS 15.8' -----L------------------ ,------------' I I I I I I I ! DECK ~ SlH FLOOR -...----I --- -~ 47.4' 36.7' "'l I I I I I 1 DECK ' I I I I I I I I I I 4lH FLOOR DECK 3RD FLOOR I '!DECK 1c::::::j 2ND FLOOR 15.6' EXISITNG GRADE 1"= 10' OEa<J DESCRIPTION: 4' x ' DECKS (2ND TO 5TH FLOOR) EXTENDING 4 FEET WEST OF THE EXISITNG BUILDING BEIN 15.8 FEET &: 42.85 FEET NORTH Of THE SOUTHWEST CORNER OF THE EXISITING BUIDUNG. GORDON S. PAGE Ill PLS 29048 KURT LINN &: ASSOCIATES JOB I 0901-03 AU. FEA'IURES AND El.£VA110NS WERE Pl.ACED AND OR SCAl.!ll PEii PRCMDED ARQlntaJltAL PUNS (PDF) PROWJED. • • • • • • EXHIBIT CANOPIES BANNOCK STR££T _l UPPER at LO'llUI CANOPIES ------_ T.11 _ ----1.\'sr iUii.DiN'G-UNE (Eii!RioR'r--l ..... -------33.2' ---+---1--1 2.3' -1 15.5' UPPER CANOPY ' l i 81.8' ~, :!i, ~: ~· ~· ::i: u I ;!!';' ;j I iil• F:' ~: "'' I I I I I I I I I I I I I I I I &I ~i ": !iii ~: ;i o: -': ! I -;11 ~ 1·= 10' CANOPIES DESCRIPTION: CANOPIES EXTENDING 2.3 FEET EAST AND 4.5 SOUITH OF THE EXISllNG BUILDING BEING 33.2 FEET NORTI-1, 15.5 FEET SOUTH (UPPER CANOPY) &c 81.8' (LO~ CANOPY FEET WEST OF THE SOUTI-IEAST CORNER OF 11-IE EXISlllNG BUIDUNG. GORDON S. PAGE Ill PLS 29048 KURT LINN & ASSOCIATES JOB I 1410-04 AU. fElil\IRD ANO E11VA110HS WERE PLACED ANO Cll SCALSI PER PROWIEI Ma11TEQJML PUNS (PDF) PROW>ED. • COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 3, 2014 9 c i Englewood LiveWell Colorado Healthy Eating Active Living {HEAL) Cities and Towns Campaign Resolution Initiated By: Staff Source: Community Development John Voboril, Long Range Planner II PREVIOUS COUNCIL ACTION City Council gave consent to the Community Development Department to apply to Kaiser Permanente for a Walk and Wheel grant in order to produce a new master bicycle and pedestrian plan for the City, replacing the completed 2004 master bicycle plan, at the September 16, 2013 Council study session. In order to receive a Walk and Wheel grant, the City was asked to agree to approving a Healthy Eating Active Living (HEAL) resolution, and thus becoming a Colorado LiveWell HEAL community. A HEAL resolution modified by City staff to reflect past City Council actions and current City initiatives was presented to Council at the October 20, 2014 Council Study Session. RECOMMENDED ACTION • Staff recommends Council approve a resolution affirming past City actions and current City initiatives that support HEAL principles. • BACKGROUND AND ANALYSIS HEAL principles include emphasizing capital improvements that increase physical activity; improving connectivity of the walking and bicycling network; revising City plans and zoning ordinances to include support for HEAL policies, goals, and regulations in the form of complete streets, compact mixed-use and transit-oriented development, and healthy food production and retailing; and supporting the siting of healthy food retailers, community gardens, and farmer's markets throughout the community to improve access to healthy foods. The City can also promote HEAL principles by setting examples for workplace wellness, including offering employee fitness activities, free employee access to the Englewood Recreation Center, and exploring access to healthy food offerings and education in the workplace. FINANCIAL IMPACT Adoption of the Englewood LiveWell Colorado HEAL Cities and Towns Campaign resolution will have no immediate financial impact on the City. Failure to approve the HEAL resolution would jeopardize funding ($99,999) from Kaiser Permanente for the Walk and Wheel Master Plan and Program project currently underway. UST OF ATIACHMENTS Resolution • • • RESOLUTION NO . SERIES OF 2014 A RESOLUTION BY THE ENGLEWOOD CITY COUNCIL SETTING FORTH THE CITY'S COMMITMENT TO OBESITY PREVENTION AND LIVEWELL COLORADO'S HEALTHY EATING, ACTIVE LIVING (HEAL) CITIES AND TOWNS CAMPAIGN. WHEREAS, although Colorado is the "leanest" state in the country, fifty-eight percent (58%) of Colorado adults and a quarter of Colorado children are overweight or obese; and WHEREAS, the adult obesity rate has doubled in Colorado since 1995 and, if trends continue, only thirty-three percent (33%) of Colorado adults will be a healthy weight by 2020; and WHEREAS, more children are being diagnosed with diseases linked to overweight and obesity previously seen only in adults, such as Type 2 diabetes and heart disease; and WHEREAS, Colorado has the second fastest rate of increase in childhood obesity in the nation; and WHEREAS, the current generation of children are expected to have shorter lives than their parents due to consequences of obesity; and WHEREAS, the annual cost to Colorado in medical bills, workers compensation and lost productivity due to citizens being overweight or obese and lacking in physical activity exceeds $1.6 billion; and WHEREAS, obesity has been identified by the Colorado Department of Public Health and Environment as one of ten winnable battles in Colorado; and WHEREAS, cities and towns have the ability to impact opportunities for healthy eating and active living; and WHEREAS, in November of2012 the Colorado Municipal League Board of Directors entered into a memorandum of understanding with LiveWell Colorado to work collaboratively on the HEAL Cities and Towns Campaign; and WHEREAS, LiveWell Colorado is a nonprofit organization committed to preventing and reducing obesity in the state by promoting healthy eating and active living in the places we live, work, learn, and play; and WHEREAS, the City of Englewood has shown a commitment to HEAL principles and activities including bicycle and pedestrian infrastructure planning and promotion, community gardens, and employee wellness initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood hereby recognizes that obesity and being overweight is a serious threat to the health and well-being of residents and employees of the City. While individual lifestyle changes are necessary, individual efforts alone are insufficient to combat obesity's rising challenges. Significant societal and environmental changes are needed to support individual efforts to make healthier choices . It is to that end that the City adopts this HEAL Cities and Towns Campaign resolution. Section 2. The City will make efforts to promote healthy eating and active living through the following policy and action recommendations that will be discussed and detailed in the final Englewood Walk and Wheel Master Plan and Program: a . Emphasizing capital improvement projects that increase the opportunities for physical activity, as funding allows; b. Planning and securing grant funding for a built environment that encourages walking, biking, and other forms of physical activity; c. Improving connectivity of walking a bicycle networks between residential neighborhoods and schools, parks, recreational resources, and retail businesses; d. Revising the comprehensive plan, sub-area plans, relevant master plans , and zoning ordinances to increase opportunities for physical activity wherever and whenever possible, through the adoption of healthy eating and active living goals, policies, and regulations including support for complete streets and compact mixed-use and transit- oriented development, and healthy local food production and retailing; e . Encouraging the siting of health food retailers, community gardens or farms and farmer's markets to increase access to healthy food, including fresh fruits and vegetables . Section 3. In order to promote wellness in the City, and to set an example for residents and businesses, the City hereby pledges to continue to advance workplace wellness initiatives that: a . Continue to promote employee wellness activities including employee hiking, cycling and yoga clubs , Bike to Work Day, and other active programs; and b. Explore new initiatives for employees, including active commuter clubs, healthy vending options, nutrition classes, fresh fruit in common areas, and healthy cooking classes. Section 4. An annual report will be made to the City Council regarding actions taken to implement this resolution, additional actions planned, and any desired actions that may require City Council approval . ADOPTED AND APPROVED this 3rd day of November, 2014. ATTEST: Randy P . Penn, Mayor Loucrishia A. Ellis, City Clerk • • • • • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2014. Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date Agenda Item November 3, 2014 9 c ii Initiated By Staff Source Subject Resolution Approving Proposed Changes to the City of Englewood Investment Polic Department of Finance and Administrati v e Services Frank Gry glewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • City Council approved Resolution 79 , Series of 2006 accepting changes and updates to the City's Investment Policy on October 16, 2006. • City Council approved Resolution 84, Series of 2011 accepting changes and updates to the City of Englewood's In v estment Policy • On October 20, 2014 City Council discussed proposed changes and updates to the existing Investment Policy and requested staff prepare and present a resolution accepting the proposed changes. RECOMMENDED ACTION • Staff recommends Council adopt a resolution approving the changes and updates to the attached Investment Policy. The In v estment Policy is applicable to the in v estment of all funds not immediately needed for the operating ex penditures/expenses of the City, except for the Firefighters Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund , and the Non-Emergency Employees Pension Fund . The Investment Policy focuses on four main tenets: • Preservation of Capital • Liquidity to Meet Disbursement Needs • Diversification to Reduce Risk • Obtain a Market Rate of Return The changes involve clarifying language, restrict ing ov er-inv esting in one issuer, adding additional in v estment opportunities, and requiring broker/dealers provide financial information. These changes support or strengthen the four main tenets of the Investment Policy. FINANCIAL IMPACT There is no direct financial impact to the City from adopting the proposed changes to the Investment Policy. LIST OF ATTACHMENTS • Proposed Resolution RESOLUTION NO. • SERIES OF 2014 • • A RESOLUTION APPROVING AMENDING THE CITY OF ENGLEWOOD INVESTMENT POLICY. WHEREAS, the Englewood City Council approved Resolution No. 79, Series of 2006, accepting changes and updates to the City's Investment Policy; and WHEREAS, the Englewood City Council approved Resolution No. 84, Series of 2011, accepting changes and updates to the City of Englewood's Investment Policy; and WHEREAS, the passage of this proposed Resolution amends the existing Investment Policy with changes and updates; and WHEREAS, the Investment Policy is applicable to the investment of all funds not immediately needed for the operating expenditures/expenses of the City, except for the Firefighters Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund and the Non-Emergency Employees Pension Fund; and WHEREAS, the Investment Policy focuses on four main tenents: • Preservation of Capital • Liquidity to Meet Disbursement Needs • Diversification to Reduce Risk • Obtain a Market Rate of Return; and WHEREAS, the changes involve clarifying language, restricting over-investing in one issuer, adding additional investment opportunities, and requiring broker/dealers provide financial information. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby approves amending the City of Englewood Investment Policy, attached hereto as Exhibit A. ADOPTED AND APPROVED this 3rd of November, 2014. ATTEST: Randy P. Penn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2014. Loucrishia A. Ellis, City Clerk • • • • • • City of Englewood, Colorado INVESTMENT POLICY The Director of Finance and Administrative Serv ices of the City of Englewood , Colorado is charged with the responsibility to prudently and properly manage any and all funds of the City . Because these funds may be called upon, it is essential that absolute maturity horizons are identifiable for the purpose of liquidity. Moreover, these funds must be fully collateralized and appropriately authorized . The following Investment Policy addresses the methods, procedures and practices which must be exercised to ensure effective and sound fiscal management. SCOPE This Investment Policy shall apply to the investment of all financial assets and all funds of the City of Englewood (hereafter referred to as the "City ") over which it exercises financial control , except the City of Englewood Firefighters Pension Fund, Volunteer Firefighters Pension Fund, Police Officers Pension Fund, the Non-Emergency Employees Retirement Plan Fund and other City employee retirement plans . In order to effectively make use of the City 's cash resources, all monies shall be pooled into one investment account and accounted for separately. The investment income derived from this account shall be distributed to the various City funds in accordance with Englewood Municipal Code , 4-1-2-A. OBJECTIVES The City 's funds shall be invested in accordance with all applicable City policies , Colorado statutes, and Federal regulations, and in a manner designed to accomplish the following objectives , which are listed in priority order: • Preservation of capital and the protection of investment principal. • Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. • Diversification to avoid incurring unreasonable risks regarding securities owned . • Attainment of market rate of return equal to or higher than the performance measure established by the Director of Finance and Administrative Services . DELEGATION OF AUTHORITY The ultimate responsibility and authority for investment transactions involving the City resides with the Director of Finance and Administrative Services (hereinafter referred to as the "Director'') who has been designated by the City Manager as the Investment Officer in accordance with Englewood Municipal Code . The Director may appoint other members of the City staff to assist him in the cash management and investment function. Persons who are authorized to transact business and wire funds on behalf of the City will be designated by the Director by the wire transfer agreement executed with the City's approved depository for bank services (see Appendix I). The Director shall be responsible for all investment dec isions and activities, and shall establish written administrative procedures for the operation of the City's investment program consistent with this Investment Policy. The Investment Officer acting within these procedures shall not be held personally liable for specific investment transactions . The Director may in his discretion appoint one or more Investment Advisors, registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, to manage a Page 1 E x H I B I T A portion of the City's assets. An appointed Investment Advisor may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the City's assets placed under its management. An Investment Advisor can only be appointed after consultation with and approval by the City Manager. PRUDENCE The standard of prudence to be used for managing the City's assets is the "prudent investor" rule, which states that a prudent investor "shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital." (CRS 15-1-304, Standard for Investments.) The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that the investment activities of the City are a matter of public record . Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the portfolio's overall return, provided that adequate diversification has been implemented and that the sale of a security is in the best long- term interest of the City. The Director and other authorized persons acting in accordance with established procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion to the City Council and appropriate action is taken to control adverse developments. ETHICS AND CONFLICTS OF INTEREST All City employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio . Employees shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. ELIGIBLE INVESTMENTS AND TRANSACTIONS All investments will be made in accordance with the Colorado Revised Statutes (CRS) as follows: CRS 11-10.5-101, et seq. Public Deposit Protection Act; CRS 11-47-101, et seq. Savings and Loan Association Public Deposit Protection Act; CRS 24-75-601, et seq. Funds-Legal Investments; CRS 24-75-603, et seq. Depositories; and CRS 24-75-701, et seq. Local governments -authority to pool surplus funds . Any revisions or extensions of these sections of the CRS will be assumed to be part of this Investment Policy immediately upon being enacted. As a home rule City, Englewood may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601, et seq. Funds-Legal Investments. Funds of the City of Englewood covered by this Investment Policy may be invested in the following types of securities and transactions: 1. U.S. Treasury Obligations: Treasury Bills, Treasury Notes and Treasury Bonds with maturities not exceeding five years from the date of trade settlement. Page 2 • • • • • • 2. Treasury Strips (book-entry U.S. Treasury securities whose coupons have been removed) with maturities not exceeding five years from the date of trade settlement. 3. Federal Instrumentalities -Debentures, Discount Notes, Medium-Term Notes, Callable Securities and Step-up Securities issued by the following only: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC) and Federal Farm Credit Banks (FFCB), with maturities not exceeding five years from the date of trade settlement. Subordinated debt may not be purchased. 4 . Repurchase Agreements with a termination date of 90 days or less utilizing U.S. Treasury and Federal Instrumentality securities listed above, collateralized at a minimum market value of 102 percent of the dollar value of the transaction with the accrued interest accumulated on the collateral included in the calculation. Repurchase agreements shall be entered into only with dealers who : a) are recognized as Primary Dealers by the Federal Reserve Bank of New York, or with firms that have a primary dealer within their holding company structure; and b) have executed a City approved Master Repurchase Agreement (see Appendix II). The Director shall maintain a file of all executed Master Repurchase Agreements. Collateral (purchased securities) shall be held by the City's custodian bank as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily. For the purposes of this section, the term "collateral" shall mean "purchased securities" under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 10 years . 5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only against securities owned by the City and collateralized by the same type of security reversed . 6. Flexible Repurchase Agreements with a final maturity of 1 O years or less entered into by the City with approved counterparties. These flexible repurchase agreements may be closed out in varying amounts and at varying times at the option of the City. These agreements are deemed by both parties to be purchases and sales of securities and are not loans. All such flexible repurchase agreements shall meet the following criteria: • Be determined as legal and valid for both parties ; • Collateral shall be limited to: a) Securities issued by, guaranteed by, or for which the credit of any of the following is pledged for payment: the United States, Federal Farm Credit Bank, Federal Land Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Export Import Bank or the Government National Mortgage Association ; or b) Securities issued by, guaranteed by, or for which the credit of the following is pledged for payment: An entity or organization which is not listed in paragraph a) above, but which is (1) created by, or the creation of which is authorized by, legislation enacted by the United States Congress and which is subject to control by the federal government which is at least as extensive as that which governs an entity or organization listed in paragraph a) above , and (2) rated in its highest rating category by one or more nationally recognized organizations which regularly rate such obligations. • Have a fixed rate during the entire life of the agreement; • The dollar amounts and periods of time when the City may draw funds out of the repurchase agreement shall be agreed upon in writing by both parties and shall be part of the written repurchase agreement exercised by the City and the approved counterparty; Page 3 • The City has the option of varying the dollar amount and the timing of the draw down by an agreed upon percentage of the anticipated draw down and a specified number of days . The City and the counterparty to the agreement will specify the details of the allowable variance when the agreement is structured. In addition, the City may draw down in excess of the variance up to the remaining balance in the agreement for a bona fide, unanticipated cash need; • Collateral shall have a minimum market value (including accrued interest accumulated) of at least 102 percent of the dollar value of the transaction; • Repurchase agreements shall be entered into only with dealers who are authorized by the Director and have executed a City approved Master Repurchase Agreement; • The Director shall maintain a file of all executed Master Repurchase Agreements; • The title to or a perfected security interest in securities, along with any necessary transfer documents, must be transferred and actually delivered to, and shall be held by, the City's third-party custodian bank acting as safekeeping agent. The market value of the collateral securities shall be marked-to-the-market at least weekly based on the closing bid price at the time the custodian for the collateral issues its monthly statement to the City. For the purpose of the section, the term "collateral" shall mean "purchased securities" under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 1 O years. 7. Time Certificates of Deposit with a maximum maturity of five years or savings accounts in state or national banks or state or federally chartered savings banks operating in Colorado that are state approved depositories (as evidenced by a certificate issued by the State Banking Board) and are insured by the FDIC. Certificates of deposit that exceed the FDIC insured amount shall be collateralized in accordance with the Colorado Public Deposit Protection Act. The collateral shall have a market value equal to or exceeding 102 percent of the difference between the insured amount and the City's total deposits for all funds within the institution. 8. Money Market Mutual Funds registered under the Investment Company Act of 1940 that: 1) are "no-load" (i.e .: no commission or fee shall be charged on purchases or sales of shares); 2) have a constant net asset value per share of $1 .00; 3) limit assets of the fund to securities authorized by state statute; 4) have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940; and 5) have a rating of AAAm by Standard and Poor's, Aaa by Moody's or AAA/V1 + by Fitch. 9. Local Government Investment Pools as authorized under CRS 24-75-702 . 10. Prime Bankers Acceptances, rated at least A-1 by Standard & Poor's, P-1 by Moody's, or F1 by Fitch at the time of purchase by at least two services that rate them, with a maturity of six months or less issued on domestic banks or branches of foreign banks domiciled in the U.S. and operating under U.S. banking laws. Accepting banks must have a senior debt rating of A2 by Moody's and A by Standard & Poor's. 11. Prime Commercial Paper with a maturity of 270 days or less which, at the time of purchase, is rated at least A -1 by Standard & Poor's, P-1 by Moody's, or F-1 by Fitch. a) At the time of purchase, the commercial paper must be rated by at least two of the above stated rating agencies at the stated minimum rating. b) If the commercial paper issuer has senior debt outstanding , the senior debt must be rated at least A2 by Moody's, A by Standard and Poor's, or A by Fitch . 12. Corporate Bonds issued by a corporation or bank with a final maturity not exceeding three years from the date of trade settlement, rated at least AA-by Standard & Poor's, Aa3 by Page 4 • • • • • Moody's, or AA-by Fitch at the time of purchase by at least two services. Authorized corporate bonds shall be U.S. dollar denominated and issued by corporations organized and operating within the United States. The City hereby further authorizes investments in dollar denominated securities issued by a corporation or bank that is organized and operating within Canada or Australia. not to exceed 10% per country at the time of purchase. and limited to corporations organized and operated within the United States with a net worth in mmess of $250 million. 13. General or Revenue obligations of any state in the United States or any political subdivision. institution. or authority of such a government entity . Municipal bonds must be rated A-by Standard & Poor's. A3 by Moody's. or A-by Fitch at the time of purchase by at least two services if the issuer is located in Colorado . Munic ipal bonds must be rated AA-by Standard & Poor's . Aa3 by Moody's or AA-by Fitch at the time of purchase by at least two services if the issuer is located outside the state of Colorado. The maximum maturity for municipal bonds is five years . Securities that have been downgraded below minimum ratings described herein may be sold or held at the City's discretion . The portfolio will be brought back into compliance with Investment Policy guidelines as soon as is practical. OTHER INVESTMENTS It is the intent of the City that the foregoing list of authorized securities be strictly interpreted. Any deviation from this list must be pre-approved by the Director in writing after approval by the City Manager. INVESTMENT DIVERSIFICATION It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy, the securities market, and the City's cash flow needs. The City may invest to the following maximum limits within each category: • 50% in Certificates of Deposit • 40% in Commercial Paper. 5% in any one issuer or its affiliates or subsidiaries • 20% in Bankers Acceptances. 5% in any one issuer or its affiliates or subsidiaries _• _30% in Corporate Bonds; 5% in any one issuer or its affiliates or subsidiaries • 30% in Municipal Bonds . 5% in any one issuer The aggregate investment in Corporate Bonds . Commercial Paper. and Bankers Acceptances shall not exceed 50% of the portfolio . Tests for limitations on percentages of holdings apply to the composite of the entire portfolio of the City, not to individual portfolios maintained by the City. Percentage limitations used for measurements are based on the percentage of cost value of the portfolio at the time of purchase . INVESTMENT MATURITY AND LIQUIDITY Investments shall be limited to maturities not exceeding five years from the date of trade settlement. In addition, the weighted average final maturity of the total portfolio shall at no time exceed three years . • SELECTION OF BROKER/DEALERS. Page 5 The Director shall maintain a list of broker/dealers approved for investment purposes (see Appendix Ill), and it shall be the policy of the City to purchase securities only from those authorized firms. To be eligible, a firm must meet at least one of the following criteria: 1. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure, 2. report voluntarily to the Federal Reserve Bank of New York, 3. qualify under Securities and Exchange Commission (SEC) Rule 15c-3 (Uniform Net Capital Rule). Broker/dealers will be selected by the Director on the basis of their expertise in public cash management and their ability to provide service to the City's account. Each authorized broker/dealer shall be required to submit and annually update a City approved Broker/Dealer Information Request form which includes the firm's most recent financial statements . In the event that an external investment advisor is not used in the process of recommending a particular transaction in the City's portfolio, any authorized broker/dealer from whom a competitive bid is obtained for the transaction will attest in writing that he/she has received a copy of this policy and shall submit and annually update a City approved Broker/Dealer Information Request form which includes the firm's most recent financial statements . 7 The City may purchase Commercial Paper from direct issuers even though they are not on the approved list of broker/dealers as long as they meet the criteria outlined in Item 11 of the Eligible Investments and Transactions section of this Investment Policy. COMPETITIVE TRANSACTIONS Each investment transaction shall be competitively transacted with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded. If the City is offered a security for which there is no other readily available competitive offering, then the Director will document quotations for comparable or alternative securities . SELECTION OF BANKS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING SERVICES The City shall maintain a list of banks approved to provide banking services or from whom the City may purchase certificates of deposit. Banks in the judgment of the Director no longer offering adequate safety to the City will be removed from the list. To be eligible for authorization, a bank shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603 . SAFEKEEPING AND CUSTODY The safekeeping and custody of securities owned by the City shall be managed in accordance with applicable Federal and Colorado laws and regulations. The Director shall approve one or more banks to provide safekeeping and custodial services for the City. A City approved Safekeeping Agreement shall be executed with each custodian bank prior to utilizing that bank's safekeeping services. To be eligible, a bank shall qualify as a depository of public funds in the State of Colorado as defined in CRS 24-75-603 and be a Federal Reserve member financial institution. Custodian banks will be selected on the basis of their ability to provide service to the City's account and the competitive pricing of their safekeeping related services. The City's designated custodian bank is set forth in Appendix IV of this Investment Policy. Page 6 • • • • • • The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Ownership of all securities shall be perfected in the name of the City, and sufficient evidence to title shall be consistent with modern investment, banking and commercial practices. All investments purchased by the City shall be delivered by ei#!eF-book entry or physioal delivery and will be held in third-party safekeeping by the City's designated custodian bank, its oorrespondent bank or the Depository Trust Company (DTC). All Fed wireable book entry securities owned by the City shall be evidenced by a safekeeping receipt or a customer confirmation issued to the City by the custodian bank stating that the securities are held in the Federal Reserve system in a Customer Account for the custodian bank which will name the City as "customer." All DTC eligible securities shall be held in the custodian bank's Depository Trust Company (OTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing that the securities are held for the City as "customer." The City's custodian will be required to furnish the City with a monthly report of securities held as well as an account analysis report of monthly securities activity. PROVISIONS FOR ARBITRAGE The City periodically issues debt obligations which are subject to the provisions of the Tax Reform Act of 1986 (section 148F), Arbitrage Rebate Regulations. Due to the legal complexities of arbitrage law and the necessary immunization of yield levels, the procedures undertaken in the reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those outlined in this Investment Policy. The Director, upon advice from Bond Counsel and financial advisors, may alter provisions of this Investment Policy for arbitrage related investments as may be necessary to conform with federal arbitrage regulations. In all cases, however, investments will be in compliance with Colorado Revised Statutes . This section is only applicable to City funds subject to arbitrage restrictions . REPORTING An investment report shall be prepared, at least on a monthly basis, listing the investments held by the City, the current market valuation of the investments and performance results. The monthly investment report shall be submitted in a timely manner to the City Manager and the City Council. A record shall be maintained by the Department of Finance and Administrative Services of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing . The City has established reporting and accounting standards for callable U.S. Instrumentality securities . Callable securities may be retired at the issuer's option prior to the stated maximum maturity. All securities holding reports for the City shall disclose the stated maturity as well as the first call date of each callable security held. In the case of callable securities which are purchased priced to the first call date and, in the opinion of the Director, have an overwhelming probability of being called on the first call date, weighted average maturity, amortization as well as yield shall be calculated using the first call date. The Director may, however, choose to use a further call date maturity date for reporting purposes when conditions mandate. PERFORMANCE REVIEW Page 7 The Director and the City Manager shall meet at least quarterly to review the portfolio's adherence to appropriate risk levels and to compare the portfolio's total return to the established investment objectives and goals. The Director shall periodically establish a benchmark yield for the City's investments which shall be equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio's actual effective weighted average maturity. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio should be included in the computation of the portfolio's rate of return. Page 8 • • • • • • POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Council. Prepared by: Prepared by: Isl /s/ Frank Gryglewicz Kevin Engels Director of Finance and Administrative Accounting Manager Services Approved by City Council Amended by City Council September 17, 1990 September 5, 1995 Amended by City Council Amended by City Council December 16, 1991 December 15, 1997 Amended by City Council Amended by City Council April 5, 1993 February 7, 2000 Amended by City Council Amended by City Council June 20, 2005 October 16, 2006 Amended by City Council Amended by City Council November 3, 2008 October 3, 2011 Amended by City Council Amended by City Council February 18, 2012 February 19, 2013 State of Colorado, County of Arapahoe: I, Loucrishia A Ellis, City Clerk in and for the City of Englewood, in the State aforesaid, do hereby certify that the foregoing is a full, true and correct copy of the Investment Policy as the same appears upon the records of my office which are in my custody. Given under by hand and official seal, this __ . Isl Loucrishia A Ellis City Clerk Page 9 APPENDIX I Authorized Personnel The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood : Kevin Engels, Accounting Manager Kathy Cassai, Accountant Christine Hart, Accountant Frank Gryglewicz, Director of Finance and Administrative Services Page 10 • • • • • • APPENDIX II Repurchase Agreements The following firms have executed a City approved Master Repurchase Agreement with the City of Eng lewood . Banc of America Securities , LLC Morgan Stanley DW Inc. Agreements maintained in separate file . Page 11 APPENDIX Ill Authorized Broker/Dealers and Financial Institutions The following firms are approved for investment purposes by the City of Englewood . Barclays Capital Citigroup Global Markets, Inc. Goldman , Sachs & Co Jefferies & Company, Inc. J.P . Morgan Securities Inc. Merrill Lynch, Pierce, Fenner & Smith Inc Mizuho Securities USA Inc. Morgan Keegan & Company, Inc . Morgan Stanley Smith Barney Raymond James & Associates RBC Capital Markets Corporation UBS Financial Services Inc. Wunderlich Securities, Inc. Page 12 • • • • • • APPENDIX IV Designated Custodial Banks The following bank is authorized as the des ignated custodial bank for the City of Englewood : Wells Fargo Institutional Retirement and Trust 17 40 Broadway MAC# C7300-105 Denver, CO 8027 4 Page 13 COUNCIL COMMUNICATION Date Agenda Item November 3, 2014 9 c iii Subject Mclellan Deep Well Rehabilitation INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 19, 2003 Council approved the contract for the rehabilitation of the Mclellan deep well pump with Mclemore Pump in the amount of $63,885.00. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their October 7, 2014 meeting recommended Council approval, by motion, of a contract for the rehabilitation of the Mclellan deep well pump with the lowest acceptable bidder, Colorado Pump Service & Supply Company in the amount of $56,044.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Prior to 2002 the Mclellan deep well was used intermittently, usually a few days every three to four months. Since then it has been utilized to offset demands, to maintain the due diligence requirements for • Englewood's water rights and for augumentation purposes. The well is located on the south side of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' underground and must be replaced . Because of the depth the line must be TV'd to determine the condition of the casing and the need for replacement. FINANCIAL IMPACT Five bids were received: Layne Christensen Co. Applied Ingenuity, LLC Hydro Resources Rojcky Mtn. Inc. Colorado Water Well Pump Serv. Colorado Pump Service & Supply Co. $87,490.00 $81,226.00 $73, 177.00 $70,836.00 $56,044.00 Staff recommends Colorado Pump Service & Supply Co. in the amount of $56,044.00. as the lowest acceptable bidder. This was budgeted in the amount of $65,000 in the Power & Pumping Capital Fund #40-1602-61301. LIST OF ATTACHMENTS • Approved Water and Sewer Board minutes from October 7, 2014 Bid Tabulation Sheet Contract • '~.· ~ WATER & SEWER BOARD MlNUTES OCTOBER 7, 2014 Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner Absent: Burns, Moore Also present: Stewart Fonda, Director of Utilities John Bock, Manager of Administration Mr. Yates, Englewood Councilperson The meeting was called to order at 5:00 p.m. u • 1. M1NUTESOFTHESEPTEMBER9,2014WATERBOARDMEET1NG. • The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting. Motion: Moved: Motion carried. ~ ~ To approve the August 19, 2014 Water and Sewer Board meeting minutes as written. Waggoner Seconded: Habenicht GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND USAGE OF ENGLEWOOD'S WATER RIGHTS . Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water rights . :~ ~ 2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG DRY CREEK TRAIL. South Suburban Parks and Recreation District has requested a license agreement to build a bike path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere and Cornerstone Park. This is part of South Suburban 's master plan for a bike path that spans the South Denver metro area. The construction easement will expire once the bike path is completed . The license agreement will then allow crossing access over Englewood's City Ditch. Motion: To recommend Council approval of the ordinance for the license agreement and construction easement with South Suburban Parks and Recreations District for the Big Dry Creek Trail connection. Moved: Waggoner Motion carried. D ~ Seconded: 3 . McLELLAN DEEP WELL REHABILITATION. Lay The McLellan deep well is used to offset demands, to maintain due diligence requirements for Englewood's water rights and for augmentation purposes . The well is located on the south side of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' underground and must be replaced. Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount of $56,044 as the lowest acceptable bidder. Motion: Recommend Council approval of a contract for the rehabilitation of the McLellan deep well pump with Colorado Pump Service & Supply Company in the amount of $56,044. Moved: Habenicht Seconded: Waggoner Motion carried. • • • • • • ~ ~ 4. SOUTHGATE SUPP . #171. A request was made by the Southgate Sanitation District representing the owner, Aspen Academy Investment Fund, for exclusion of Supplement #171 consisting of a parcel totaling 4.047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD, which is a residential classification, but has a special use permit that allows it to operation as a school. The property is located on the comer of S . University Blvd . and E. Orchard Rd. Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is , however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014 and recorded on July 15, 2014. Motion : To recommend Council approval of Southgate Sanitation District Supplement #171 . Moved: Waggner Seconded: Lay Motion carried . ~ 5 . CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER CONNECTOR'S AGREEMENT. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines and will be responsible for capital improvements in its system. The City Attorney 's office has reviewed and approved the City of Cherry Hills Village Sanitation District Connector's Agreement. Motion: To recommend Council approval of the City of Cherry Hills Village Sanitation District Connector's Agreement. Moved: Penn Seconded: Wiggins Motion carried . ~ 6. CHERRY Hil..LS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT #5. A request was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. The site is on 16.269 acres and is zoned R-2 .5 residential. The site will be subdivided into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave. Motion: Recommend Council approval of a Bill for an Ordinance approving the City of Cherry Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North located at 4000 E. Belleview Ave. Moved: Waggoner Seconded: Habenicht Motion carried. '~ 7 . ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Tom Brennan discussed. There are low levels of naturally occurring radionuclides in Englewood's source water that are removed through treatment and ultimately reside in the residuals generated at the plant. The residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) and have additional disposal considerations based on the Colorado Department of Public Health and Environment regulatory requirements. The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility. Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean Harbors. The current contract with Secure On-Site Services USA is still in force , with the vendor willing to honor his bid price from March. It is expected that the price may increase when bids are received next year. Motion: To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA at a price of $232,007 .10 in accordance with the current contract that is in effect. Moved: Waggoner Seconded: Habenicht Motion carried. The meeting adjourned at 6 :35 p.m. • • • • • • The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Bid Bond Y/N SQQ Y/N Receipt of Addendum #1 Y/N Task #1 Project Mobilization, Administration, Permits, etc. Task #2 Removal of Pumping Equipment Task #3 Video Inspection Task #4 Equipment Evaluation/Repair Quote Task #5 Install Pumping Equipment Start up Services and Installation Task #6 Records SUBTOTAL #7 150 HP Submersible Motor #8 Submersible Pump Sized for 450 GMP at 950'TDH #9 High Pressure Check Valve #10 Submersible Pump Cable with Ground #11 Drop Pipe Replacement SUBTOTAL TOTAL AMOUNT OF BID • City of Englewood Bid Tabulation Sheet Apparent Low Bidder·· Bid Opening Date: September 18, 2014 2:00 PM MDT ITEM BID: ITB-14-015 Mclellan Deep Well LF-M2 Rehabilitation Project Vendor Vendor Vendor 1.:;·.·· .· .... Vendor:.·· · I Vendor Layne Christensen Company Applied Ingenuity, LLC Colorado Water Well Pump Service IColor.ad(I .Pump.Service. &.Supp.Iv Co. : I Hydro Resources Rocky Mountain Inc. 17800 E 22nd Ave 10301 E 107th Pl PO Box 8Sl Jp() Bod44:1 ::· 113027WCR18, Unit C Aurora, CO 80011 Brighton, CO 80601 Arvada, CO 80001 Castle Rock,' CO .. 80104 Fort Lupton, CO 80621 (303) 929-2793 (303) 907-7354 (303) 892-9053 (303) 688•~4~~ •'(303) 857-7540 Nathan Anderson -Account Manager I Devin Cary -Project Manager !Allen Hull -VP/Manager Kerry Wood •President:· · M. John Taylor -Regional Manager ·.·.·.· ... ·· .. ... :: ... ': . y y y . · ..• :: .. ·. ·Y y y y y -... -. ,··v.·· y ~: y y y y y -·-· .. $4,130.00 $5,122.00 $2,000.00 I : $2,756.00 $4,150.00 $2,295 .00 $2,730.ool f ' $2;000.00 $3,340.00 $900.00 $1,487.00 $1,700.001:/ .. ::> :::;,; . . $1,il34.00 $1,875.00 $600.00 $70.00 · $3so.oo $100.00 $5,900.00 $3,516.00j $3,992:00 $6,426.00 $500.00 $516.001 $s10.ool · ··$471,00 $0.00 $16,180.00 $13,066.00 $U,o4o.ool ··' · ::'.·:•:$8,16~.oo $14,497.00 $20,340.00 $13,806.00 $15,535.ool : <Y'.. · · $12,m.oo $15,517.00 $7,740.00 $21,034.00 $2,772.001 > $4,735.00 $8,051.00 $2,530.00 $1,320.00 $989.001 :> <. : .• $1;153.00 $2,762.00 $30,750.00 $24,000.00 $32,000.J : ::: .:,•• : :' >:' • :. : : •.• $21;900.00 $23,850.00 $9,950.00 $8,000.00 $8,500.001 · $i;94Q.oo $8,500.00 ... ·--~.·.-. . ., ·- $71,310.00 $68,160.00 $59,796.00 $47,881 .oo $58,680.00 --- .::::··;': ··::: : .... ·:·:: - $87,490.00 $81,226.00 $70,836.oo I ( ·' i ,. · .· · ., ' $~6.o44:oo $73,177.00 • • FROM • • • FAX NO. 3036887565 Oct. 22 2014 01:52PM P2 ~ ~.' C· £Q!!fftACI CITY OF ENGLEW()C ·D1 COLORADO THIS CONTRACT and a~1re ,ement, :'ilade ancl em~red into this _3rd_ day of ,_November_, 2014, by ~d b&!Ween the City of Englewood, a mun icipal corporation of thE· State of Colorado hereinafter referred to as the "Cl1y", and Colc:~ad: P1Jn1p Service & Supply Co_. whose a<jdress is F·o Box 1443 Castle Rocle, Co 80104, ("Contmcb::>r"), commencing on the 18tti day of _September~ 2014_. and continuing for at least tei {10) days thereafter tho Cir; advertised that ~ealec proposals wouJd be receive:! f9r fumishln;J ~111 labor, tools, supplies, .::quipment, ma teria ls and everything necessary end required for th~ fo' l::iwin:;: PFIOJecT: _McLe1llan Oeep Well l..F-M2 l~ehabilitation Project~- WHEREAS , proposals pu~uant to :~id adyertlswnent hflVGI bei;tn received bl tM Mayor and City C:oundl and have been Ot!rtl'!ted by ~he Direclor cf _LJtilitie.s_ tQ the Mayor arrd City Councll with a mcommendation that a ::ontract for work ba awa·1Je<' to the above named Contractor whc· was the lowest reliable and respo11$'ble bidder 1herefore, e.nd WHe~eAS, puriuant to sald reOC:,mmenda·;ion, th11 Contract has been awarded to tf",-e abov~ named Contractor by the ~ ,ayor · arid City-eoundl anel said Contractor Is MON wnling and able to perform all of said work lrr accordance with sald n1~vt~nlsement and his propo~:al. 't\rOW THEF1~FORE, in cdns!deraticn of he r:ompensation to be paid and t:he work to be performed under this connct. the parties mutua.Uir a;r.ea a$ follom: A. contract Doqumm!§.: It is .agreed cy the parties hereto that the followl~r g list of instruments, drav11n9s and doel:lmGnts whicl' are attaohad or ineor:iorated by reference ccnstituts and .shall be re·rerred to ~!tho;• a:; the Contr~ot Oocument~ or the Contract and all of said lnstrur,ents, d:-awin9s, .!tnd 1jocuments taken to9ether m; a whole constitute the Contract be:tween the parties herat:::· and they are as fully a part of this agre0mant as if they were aet o .rt verbatim ~ ir. full: lnVitation ti:> Bid Contract {thh tnstr.Ument) Insurance Performance Paymemt Ma.inte1an1::e Ek>nd Teohnicat S~r.ei:lficatbns Drawing9 :~~h ~ets.;..N/A_ 6. Scope of Work; Tha · Cc1n.tracio.r .13.gfE!<~s to and shall· furni!h all l.:tbor, tools, supplies, ~qulpmQnt, m~:terial• ar\1j everything ''ec:eetaty for and ret:1uirec to do, peri'orm and complete all the work ·dei~crlbed, drawn, ~fat 1orth, shown and inclL1ded in said Contract Documents. c. Te!TJ'!S of Parforrnange: The COr1trac~or agrees to·. undertake thE1 performance of the work und·er thiei ·c;·ontrac.t within ter1 (1m . .S!m from being notified t•> eommenoe work by the O!rictQr of rJt'litiss and agrees tofu IY ~o-mJ:ilete $aid work by _!llav ~!015 , plus such LOOO Englewood Park.way, Hnglewocid, Colorad.o &Jlil~2.313 Ph (SOS)1a2..2d.ll hx ($03)7S3·•393l ...WW .e 11gle11•ooiirav .or; l. FROM FRX NO, 3036887565 Oct. 22 2014 01:52PM P3 ; ~:/ e extension or exfomsions of time as nia)t be granted by the Ol·ec:tor of Utillti&5 in accordance witll t1e provisions of the C:<,ntract Documents e.nd s~e.:ificalions. D. lndemnffi9jllon:. The cify cannot ani;i b~I this Agreement/Contrac;t does not .agree to indemnify, hold r armless, exonamte 1:>r rtsUume the defer.se of tt1e c~ntractor er any other person or entity, 1or any purixise, The Contractor shall defend, indemnify md save harmless the City its officers, agenta arid 1ilmployees from any and an claims, demands, suits, actions or ~roeeedings of a.,y lfod ct nature including Wo·ker's Comperisa.tion claims, in e.ny WHY resUl1ing from or <~rising a~ of this Agreemer t'Corttract provided, ne>wever, thai ttle Con~ctor need not inclemnlty or save harrr.less the City, its officers, agents ar.d emph)~ from damages reE>Ultlng from the GOle neg!igel'ICe of the City's office(S, agents and E:mpl1:iyees. c. Termjnetjon of .~!Md for Conveni5~~ The City may terminate tr e award at an~r time by giving writte1i :"lotlce to 1he ·contract:r cf ~uch termination and st•ecifying the effective date of euch t1?:nnination, at least thi:4y (30} days Cefore the effective date of such termination. In tllat event a.II flnlel'l&d or u:ifini$hed seNiee, reports, material (s) prepe:-ed or furnished by tl'l1:. ·:ontractor after the swa 1'd shall, a1 the option of the City, become Its property. If the award is t~rminatec by the City as provided her"ih, lh$ Contracior will be paid that Amount which bears the ·sam~1 ratio to the total compens;;i.tion as the service$ actually perlorm!lcl or matel'ialfumiEhed bsu to the to.ta! services/materials the successful firm agreed to pe(on'T\ 1.rnc:ler this award, Je!>S payments of eompensation previously made. lf the award i£· 1arrninatE)d due tc> the fault of the Contractor the clause relating tn termination of the award fer ca.us~ tnan a.pply. • F. T~crojnation gf. ~arcffor Cause: If; thmugl1 any cause, the Contrae1or shall fall to fulfltl In a timely and proper manner its ot:li9ation:3 ·or If the Contractor shi1\I violate any of the • oovenants, agr~~ements C•f stlpulal'ons of the awa:·d, the City shall have the right to terminate the awii.rd by s;;·ivlt'lg writ~n notice tc the Contractor of i;uch termlnG!tlon arv::J specifying tt"i~ ·~ffective d~te ·of . te1minEltlon. In that even~ aa furnished or u~flnished services, at the opton of !he aty, b<~eorne its property, and the Conb'actor shall be entitled to receive Just. ~~ultable ccmpansel!OI~ fc·r any satisfactory work docurnents, \jraparad oompleted or r:iah1rials as Jurnishsd. Notwithstanding the. abi:M.i, ·the · Contractor shall not be relieved of me llabi!Jty to ihe .Qity fer damages. ·SU~:tair:.ed by the City by virtue o~ breach of the award by tho ·.Con.tre...'"'tor and the City li!aY withhold any payments ~)'the Contractor for •t.1~ l)Uf?O$& of .sat off ur1til auc:" time as the exact am;,unt ·:if damnges due the Cifyfrom the CorlTI .ctor :s datermin~d. G. Ietms of em.:m~~ The Cit'/ ~gree i s tc:· pay tie Contractor for the performance Qf all the work required 'un·Jtr this contract; and th1~ Contractor agrees to a::;cept es hi~ full and only compensatlim therefore, eu,:h ~;um "r sums of money a!· mey be i:oroper in aooordanoe with ·:he price or prrce1s se·t forth ir. Uie Contractor's proposal attached and made a part h~ta•>f, the total estimated 1 ~out thereof belng -------·--·-----_____________ .. _ ($_56,044.00 ). A 5% reteinage of the awarded project a1T1£,unt wtll be withheld until final lnspsetlon and acceptance by il•~ Project Manager. 1000 EJigfowood PukWay, E:nglewood, doloraclo:so11<1~zs7a Ph C303)762~2~l2 Fa (SOS)783·695l wn.e.~1~·11·~1rm.~ '. . ~. . • FROM • • • FAX NO. 3036887565 Oct. 22 2014 01:53PM P4 Tf: !1 .' t H. A~priation ~t,Fund~: At pr.esont, :t;Ei6,044.00_ has been appropriated for the proJect. NotWith;tandrng anythln'1· 'cwrtalned In 'this Agreement to the contrary, the parties underst.'lnd and acknowledge that eaoh party is subject to .~rticle X, § 20 of tha Colorado ConstmJtion ("TABORj. ThE1 parties do not Intend to v'olate the tenns and requirements of TABOR by the Erxecutien of this Agreement. I·: is understood and agreed that this J1greement does not c:reste a multi.fiscsl yeat direct or indirect debt or obligation within the meaning c•f Til.8~R and, notwlthstandir .g anything iM this Agreemem/Cor1tr;iet to th~ contra1y, all payment obligations of thi Cit/ are exprenly dependen~ and c1mditloneg upon tl"I& c·ontinulng availablllty of fund1> beyond the tG:rm of the City's cunent fi$caJ period .~nd: ng upon the next suoeee :flng December 31. Financial obliga .tic111s of ~ne City payable aiter tl:e curr&nt fiscal year are contrngcint upon funde for tilat p.urpo.se bf!1ing appropri1t::ec, budgeted, and otherw~;e made available in accordance with the rules, regulat ¢n:B, and resolutions of the City and applicable law. Upon t.h& failure t·;) ap)'r.opriate such fur.ds, tni8 Agreement sh.all be deem~d terminated. Thi CITy s::h::.11 lmmedlat.Qly notify the 1:·ontr:1ctor or Ito oooigMo ei ~u~h ooc;;ur1·~1 ·1c.¢ i1 1 the event of such termination. I. A99lgomem: 9<m:raetor !hall .not .• ;u aiy ~lme. assign any interest in this Agreement or the other comntc ~ OOQUments .to any pE:rMn or entity without the pr or w1itten consent of the City spei:;Jt.k:a'ly lnoJud!ng; but with·::iut limitation, moneys t.liat rr:ay become du-e and moneyg that a.ta du·e ma~r not be i:issigned without suOl"I oon$emt 1.exoept to the extent that the effect of this restriction may be limited by law). Any alt$mpted a~;ignment whieh ie not in compliance with the·. terrr\s hereof shall be null and void. Linless specifically stated to· the con1raiy i1~ an)r written consent to an AsslgnmQr:t, n() Assignment will roleue or dischar!~e t11e J~sslg:ior from any duty 01· responsibiltty ul"lder the Contract Oc1cuments. J. Contract S!Qdins: It is agreed the1t thit; Contract shall b9 binding on :;ind inure to the benefit of ·the parties hereto, their heirs, executors, administrators, assigns} and sueeessors. K. Contrapto!Ji .Gui~.!W'Ytee: The Contractor shall guarantee that work and associated Incidentals shi:IJI ~Gh'iain in good ·o;·dat a,nij repair fOr a pariod of one ( 1} yeaf from all causes arising fro-ii defeC.ttve workr:nanshi~· and materials, and to m;1ke all repairs .erieing from said cause's during such perio.d wltho1Jt ft.lrther eompansation. The determina1ion of the necessity for !:he repair or reple .cenumt: of said project. and assi>elated lneldentals or any portion ther.ecf. shall rest enti1"8ly with the Director of Utilities wlic 1se dijcislon upon ~ me.tt~r 9h~ll be Hn al and obligatory 1;1por1 thE> Contractor. ~EFllFICATlOtl 2E QQMEJ.J»l;Cf! WITH C.:&§r.J::II.S-101 eT .sea. REGARPING H!FllNG OF f!.LEGAL. ALIENS (a) Employees, Contractors a1id Subcc>ntr11c:t1)r.s: Con!ractor shall not knowingly employ or 01,ntraet with an illegal aliBrt· to perfc.rm work ;Jnd13r this ·Contra.ct. Contractor shall not cornraet with a sub¢o~tractot that fe.ils b cartif~· to th~ Contrac::to1· that the subcontractrn wnt not knowingly e1T1ploy or contract with an illegBI alien tc1 peir1ol'm work under this Cor1tract. (CRS 8·17.S.. 1 i;l2(2){a)(I) & {11).] :.ooo Englewood Pa.rkway .. l!:niiewood, Oolorailt,.&O:Ll(t.2S73 Ph (303)762-2412 Fix (303)?83.ij95l wn.e.~11oo<li:civ.or~ 3 FROM FAX NO. 3036887565 J • · t L V , Oct. 22 2014 01:54PM PS ; :1 6 {b) Verification: Contrc1¢tor wm participate iii either the E·Vttrify prograri or the Department program, as defined in <;,:~.S. 8~17.S-101 :s.a1 and 8-17.6·101 (3.7) res~ectively, in order to ci::mflrm the empl¢y'l'Tiant aliOibility 01 an emplc1yees who are newly hired fer employment to perform work under this pub li c ccntra.ct. Ccmtractor Is prohibited from u~ng the E-\lerlfy program or the Cepertment program proce~ui8S to undertake ~r·a-Etmployment screening of Job applicants while this cor'ltract is being pemmned. (r.) Duty to Termin'tde a S.Ubcontrac:t: If C:ontraetor obtains aetual knowledge that a s1Jbcontractor performing work under this Ccntrs.c;t t;nowingly employs or eontracts with an 'llega! a:len, the Contra.ctor shall: . (i) nQtify the · subcontractor and tha Glty within three days thst the Cont;'C1.ctor has actual knowlE:tdge trat the subcornrador is nmployirJg or contracting with an llle~1a1 a.Ihm; and (2) termlnato. 1h.e s1Jb-«infraot . \Vith th.e subccmtrao1or if, vrithln three days of receiving notiee: required pUr'$ua.nt lo thi~ paragraph the eubcont1"11ctor does .not stop employing or comraeting with the · ilteg~~: alien; exoept that the Contractor e•hall not tsrminate the comrc.ot with t he· subcc~ntrMtor lf durl:ig $t.!eh three day$ tha subcontractor provides information to establish that ·th! s1;bcontractor has not km>win!i;ly emptoyed. or contracted with tM I .legal a.U 1sn.: (d) Duty to Com-ply ·with .stetft lrivasti~ritic>n: Contractor shall 'comply with any rMsonabla ro~ue$t of the Coloradei Oepartm9nt ·of L;~o:· a1id Employment made ii the oours·e of an Investigation by that tht r::1;1>artmem Is urider:al<in_; ~!ursuant tc C.R.s, 6·17.5 .. 102 {5). (o) Oamages for BJ'E'..a·::ih of Contr~~t; 1'he !:~lty may terminate this contr:~ for a breach ot o•:mnct, in whole or in par-., dua to Contractor's b!'eaeh of any section of this paragraph or- prQvfslone reqt.Med purStJart to C.FtS. 8 ~17.5·1 O :~ •. Cc-ntractor shall be liable .:or actual and 01:msequantial damage$ to th·e City In addition to s.ny o·ther legal or equitable remedy the Cllty may be entlrled to for a breach o~· this Contraot under ltlis Flaragrs.ph. tN WITNESS WHEREOF, the parties' hereto hi!VO executed this Contract the day and year first writtlim :iltove. C.ITY OF ENGLEWOOO Sy: ______ , ____ _ ATTEST:----- City Clerk Date: _____ _ ~000 Euilewood Pal'kWe.,, 14lgl6WOC•d, Coiora:cro .Bl)liH-287•3 Ph {308)762-2412 Fax (o~)3)7SS-1;9151 www .11np1.1'00t!gov.ars • • • FROM • • • FRX NO. 3036887565 Oct. 22 2014 01:54PM P6 I\' J.. I , L.:. 1 ! i i..~ , IF 5/ o STATeoi:Co/o;-zd_s .1-1 ,<A, ) S$. COUNTY OF uottat..~:.J ,_ 0n this ~ ~<~ 0,C,f q,ber:__ 20/qbef?re ms Pi'rsonally appeared_ ,.c.crr-/~ ~;;/_. ~. ,,knowi:i t~e ·:t:fbe1 .tho ec<..:s J dc/J-J.. _of 2.:eb ='r>'le1C.Ot/1cefS"t;[,i?J;!l:;L .. :,·the eot?ore.tion tl:\at executed the within and foregoing Instrument; and·ackrli~wtedged'tne itakl tnsirumen-t to b& the free and voluntary act and deed 01 said eorporatloi fer the uses ancl pu11X>E:es therein mentioned, arid 01'1 Oath stsrted that he was authori::ed to e:c.ecute 6-ald Instrument, IN WITNESS WHEAE:.·DI:, I have hereuntc> set my hand and affixed my offioial seal the day and y.~ar flr'St above written. My commission expires: _L;:2/o.:J /=iolt: BRYAN S OOYlE NOTARY PUBLIC STATE OF COLORADO NOTAAY ID 201240n '25 ·MY COMMISSION EXPtfES DECEMBER 3, 2016 tooo Englewood Parkway. l~nglewood, Color&lo ·s1J1i1>-ZS7l i'h (30!)762-24.12 i~ (o·OS)7S3-~915l www .!!npe11•D01~ .ore s • • • BY AUTHORITY ORDINANCE NO . SERIES OF 2014 COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER OLSON/WILSON AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2015. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2015 was duly submitted by the City Manager to the City Council on September 8, 2014; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 15, 2014 . Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2015, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2015. Section 2. GENERAL FUND Total Fund Balance, January 1, 2015 Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax/Hotel License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Interest Contribution from Component Units Other 1 2015 BUDGET $ 10,416 ,386 Revenues 24,200,000 3,160,000 3,208 ,550 1,107,122 1,400,924 3,318,899 2 ,556,900 1,396,844 88,164 858 ,882 329,413 11 b i Total Revenues $ 41,625,698 • Other Financing Sources 294,326 Total Sources of Funds $ 41,920,024 Ex12enditures Legislation 357,575 City Manager's Office 731,307 City Attorney's Office 869,106 Municipal Court 1,085,494 Human Resources 482,893 Finance and Administrative Services 1,805,052 Information Technology 1,425,389 Community Development 1,288,781 Public Works 5,790,091 Police 12,157,100 Fire 9,139,834 Library Services 1,317,657 Parks and Recreation Services 6,053,116 Contingencies 200,000 Debt Service 1,863,314 Total Uses of Funds $ 44,566,709 Total Fund Balance, December 31, 2015 $ 7,770,143 Section 3. SPECIAL REVENUE FUNDS • Conservation Trust Fund Fund Balance, January 1, 2015 $ 88,094 Revenues $ 310,000 Expenditures $ 375,000 Fund Balance, December 31, 2015 $ 23,094 Community Develo12ment Fund Fund Balance, January 1, 2015 $ -0- Revenues $ 360,000 Expenditures $ 360,000 Fund Balance, December 31, 2015 $ -0- • 2 • • • Donors Fund Fund Balance, January 1, 2015 Revenues Expenditures Fund Balance, December 31, 2015 Parks and Recreation Trust Fund Fund Balance, January 1, 2015 Revenues Expenditures Fund Balance, December 31, 2015 Malley Center Trust Fund Fund Balance, January 1, 2015 Revenues Expenditures Fund Balance, December 31, 2015 Open Space Fund Fund Balance, January 1, 2015 Revenues Expenditures Fund Balance, December 31, 2015 Section 4. DEBT SERVICE FUND General Obligation Bond Fund Fund Balance, January 1, 2015 Revenues Expenditures Fund Balance, December 31, 2015 3 $ 350,233 $ 88,540 $ 283,000 $ 155,773 $ 457,711 $ 16,300 $ 365,000 $ 109,011 $ 188,088 $ 7,000 $ 75,000 $ 120,088 $ 63,177 $ 665,000 $ 663,000 $ 65,177 $ 46,876 $ 1,107,000 $ 1,110,313 $ 43,563 Section 5. CAPITAL PROJECT FUNDS • Public Improvement Fund Fund Balance, January 1, 2015 $ 171,857 Revenues $ 3,109,000 Expenditures and Transfers $ 3,244,326 Fund Balance, December 31, 2015 $ 36,531 Capital Projects Fund Fund Balance, January 1, 2015 $ 23,018 Revenues and Transfers In $ 703,000 Expenditures $ 704,602 Fund Balance, December 31, 2015 $ 21,416 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2015 $ 9,121,504 Revenues $ 8,519 ,956 Expenditures $ 9 ,808,593 Fund Balance, December 31 , 2015 $ 7,832,867 Sewer Fund • Fund Balance, January 1, 2015 $ 1,639,312 Revenues $ 16,207,602 Expenditures $ 16,927,366 Fund Balance, December 31, 2015 $ 919,548 Storm Drainage Fund Fund Balance, January 1, 2015 $ 1,030,219 Revenues $ 329,013 Expenditures $ 340 ,614 Fund Balance, December 31, 2015 $ 1,018,618 Golf Course Fund Fund Balance, January 1, 2015 $ 448 ,750 Revenues $ 1,968,498 Expenditures ·$ 2,230,778 Fund Balance, December 31, 2015 $ 186 ,470 Concrete Utility Fund Fund Balance, January 1, 2015 $ 329,851 Revenues $ 884,200 • 4 Expenditures $ 880,493 • Fund Balance, December 31, 2015 $ 333,558 Housing Rehabilitation Fund Fund Balance, January 1, 2015 $ 1,570,415 Revenues $ 1,000,000 Expenditures $ 1,000,000 Fund Balance, December 31, 2015 $ 1,570,415 Section 7. INTERNAL SERVICE FUNDS Central Services Fund Fund Balance, January 1, 2015 $ 67,141 Revenues $ 316,900 Expenditures and Transfers $ 341,307 Fund Balance, December 31, 2015 $ 42,734 Servicenter Fund Fund Balance, January 1, 2015 $ 1,171,256 Revenues $ 2,581,233 Expenditures and Transfers $ 3,389,622 Fund Balance, December 31, 2015 $ 362,867 • CaQital EguiQment ReQlacement Fund Fund Balance, January 1, 2015 $ 1,575,032 Revenues and Transfers In $ 998,000 Expenditures $ 1,841,449 Fund Balance, December 31, 2015 $ 731,583 Risk Management Fund Fund Balance, January 1, 2015 $ 26,288 Revenues $ 1,535,568 Expenditures $ 1,531,899 Fund Balance, December 31, 2015 $ 29,957 EmQloyee Benefits Fund Fund Balance, January 1, 2015 $ 42,335 Revenues $ 6,553,501 Expenditures $ 6,553,714 Fund Balance, December 31, 2015 $ 42,122 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall • be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. 5 Introduced, read in full, corrected and passed on first reading on the 6th day of October 2014. Published as corrected by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of October, 2014 . Published as a corrected Bill for an Ordinance on the City's official website beginning on the 8th day of October, 2014 for thirty (30) day s . Read by title, amended and passed as amended on the 20th day of October, 2014 . Published by title, as an amended Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014 . Published in full as an amended Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title, as amended and passed on final reading on the 3rd day of November, 2014. Published by title as amended in the City's official newspaper as Ordinance No._, Series of 2014, on the 7th day of November, 2014 . Published by title as amended on the City's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P . Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the amended Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2014 . Loucrishia A. Ellis 6 • • • ' • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2015, AND ENDING DECEMBER 31, 2015, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2015 . WHEREAS , a public hearing on the Proposed 2014 Budget was held September 15, 2014; and WHEREAS , the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget workshop held on September 22, 2014 ; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources ofrevenue including available fund balances during the year beginning January 1, 2015 , and ending December 31, 2015 , the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : Legislation City Manager's Office City Attorney's Office Municipal Court Human Resources Finance and Administrative Services Information Technology Community Development Public Works Police Fire Library Services GENERAL FUND 1 $ 357,575 731,307 869,106 1,085 ,494 482 ,893 1,805 ,052 1,425,389 1,288 ,781 5,790,091 12 ,157,100 9,139,834 1,317 ,657 11 b ii Parks and Recreation Services 6,053,116 Contingencies Debt Service -Civic Center Debt Service -Other Total General Fund $ CONSERVATION TRUST FUND Total Conservation Trust Fund $ COMMUNITY DEVELOPMENT FUND Total Community Development Fund $ DONORS FUND Total Donors Fund $ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ OPEN SPACE FUND Total Open Space Fund $ GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund $ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund $ 2 200,000 1,568,988 294,326 44,566,709 375,000 360,000 283,000 365,000 75,000 663,050 1,110,313 3,244,326 • • • • CAP IT AL PROJECTS FUND Total Capital Projects Fund $ 704 ,602 WATER FUND Total Water Fund $ 9,808 ,593 SEWER FUND Total Sewer Fund $ 16 ,927 ,366 STORM DRAINAGE FUND Total Storm Drainage Fund $ 340,614 GOLF COURSE FUND Total Golf Course Fund $ 2 ,230 ,778 CONCRETE UTILITY FUND • Total Concrete Utility Fund $ 880,493 HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 1,000 ,000 CENTRAL SERVICES FUND Total Central Services Fund $ 341 ,307 SERVICENTER FUND Total ServiCenter Fund $ 3 ,389,622 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ 1,841 ,449 RISK MANAGEMENT FUND • Total Risk Management Fund $ 1,531 ,899 3 EMPLOYEE BENEFITS FUND Total Employee Benefits Fund $ 6,553,714 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall no~ be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2015. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2015, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2015. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2015, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2014, any surplus money in any of the respective funds, after all claims for 2014 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, corrected and passed on first reading on the 6th day of October 2014 . • Published as corrected by Title as a Bill for an Ordinance in the City's official newspaper on the • 10th day of October, 2014. Published as a corrected Bill for an Ordinance on the City's official website beginning on the 8th day of October, 2014 for thirty (30) days. Read by title, amended and passed as amended on the 20th day of October, 2014 . Published by title, as an amended Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. Published in full as an amended Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title, as amended and passed on final reading on the 3rd day of November, 2014. Published by title as amended in the City's official newspaper as Ordinance No._, Series of 2014, on the 7th day of November, 2014. 4 • • • • Published by title as amended on the City 's official website beginning on the 5th day of November, 2014 for thirty (30) days. Randy P. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the amended Ordinance passed on final reading and published by title as Ordinance No._, Series of 2014. Loucrishia A. Ellis 5 • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN AREA COMMUNICATIONS CENTER AUTHORITY (METCOM) AND THE CITY OF ENGLEWOOD, COLORADO REGARDING FIRE DISPATCH SERVICES. WHEREAS, the City has been considering various alternatives for the future provision of fire and emergency medical services; and WHEREAS, dispatch services for the City of Englewood's fire and emergency medical services is currently handled by Englewood Police and Fire Communications Center; and WHEREAS, options evaluated have included upgrading our center with capital improvements and additional personnel to accommodate joining the regional fire computer aided dispatch (CAD) system or contracting fire dispatch services with another center that already has such capabilities; and WHEREAS, MetCom was created between the Parker Fire Protection District and South Metro Fire Rescue, to provide emergency services communications, dispatching services, and technology support; and WHEREAS, MetCom is comprised of the original Organizing Members, Parker Fire Protection District and South Metro Fire Rescue, and such additional Members as may be added to MetCom from time to time pursuant to Article IV of the MetCom Agreement; and WHEREAS, MetCom owns and operates a center for emergency services dispatching and communications ("Dispatch Center"); and WHEREAS, Article III, Section 3.2 of the MetCom Agreement allows MetCom to offer services to Public Agencies providing Fire or EMS Services in any area capable of being served by MetCom; and WHEREAS, Article III, Section 3.5.4 of the MetCom Agreement authorizes MetCom to enter into contracts with local government entities and political subdivisions of the State of Colorado; and WHEREAS, Article VI, Section 6.2 of the MetCom Agreement allows MetCom to enter into user agreements and agreements for specific services that are independent from the services provided generally to Members; and 1 11 b iii WHEREAS , Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article 1, Title 29, C .R.S ., encourage and authorize go vernments to cooperate and contract with one another • to provide any function, service, or facility lawfully authorized to each; and WHERAS , Englewood does not wish to become a Member of MetCom, but wishes to receive from MetCom specific communications and dispatching services, and MetCom wishes to approve this User Agreement and provide such specific services to Englewood, as contemplated by the MetCom Agreement; and WHEREAS , due to operational and financial efficiencies of joining a regional fire dispatch center that enhances services delivery and firefighter safety, City Council has decided to enter into a User Agreement with MetCom fire dispatch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Metropolitan Area Communications Center Authority User Agreement attached hereto as "Exhibit 1 ". Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said M etropolitan Area Communications Center Authority Us er Agreement for and on behalf of the City of Englewood . Section 3 . No federal funds are being used for this project. Introduced, read in full , and passed on first reading on the 20th day of October, 2014 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. Published as a Bill for an Ordinance on the City 's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title and passed on final reading on the 3rd day of November, 2014 . Published by title in the City's official newspaper as Ordinance No . _, Series of 2014, on the 7th day of November, 2014 . Published by title on the City 's official website beginning on the 5th day of November, 2014 for thirty (30) days . Randy P . Penn, Mayor ATTEST : Loucrishia A. Ellis , City Clerk 2 • • • • • I, Loucrishia A. Ellis, 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 of2014. Loucrishia A. Ellis 3 • METROPOLITAN AREA COMMUNICATIONS CENTER AUTHORITY USER AGREEMENT THIS USER AGREEMENT ("User Agreement") is entered in to this day of , 2014, by and between the :METROPOLITAN AREA COl\tfMUNICATIONS CENTER AUTHORITY ("MetCom'') and the City of Englewood ("Englewood") (MetCom and Englewood being referred to collectively as "Parties,, or singularly as "Party"). RECITALS A. WHEREAS, MetCom was created by agreement dated June 9, 2007 and the Amended and Restated Intergovernmental Agreement dated October S, 2010 ("MetCom Agreement"), a copy of which is attached hereto as Exhibit A and incorporated herein, between the Parker Fire Protection District and South Metro Fire Rescue, to provide emergency services communications, dispatching services, and technology support; and B. WHEREAS, MetCom is comprised of the original Organizing Members, Parker Fire Protection District and South Metro Fire Rescue, and such additional Members as may be added to MetCom from time to time pursuant to Article IV of the • MetCom Agreement; and , C. WHEREAS, MetCom owns and operates a center for emergency services dispatching and communications ("Dispatch Center'i; and D. WHEREAS, Article III, Section 3.2 of the MetCom Agreement allows MetCom to offer services to Public Agencies providing Fire or EMS ServiCes in any area capable of being served by MetCom; and E. WHEREAS, Article Ill, Section 3.5.4 of the MetCom Agreement authorizes MetCom to enter into contracts with local government entities and political subdivisions of the State of Colorado; and F. WHEREAS, Article VI, Section 6.2 of the MetCom Agreement allows MetCom to enter into user agreements and agreements for specific services that are independent from the services provided generally to Members; and G. WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article I, Title 29, C.RS., encourage and authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and .00410522.DOCX/2} H. WHEREAS, Englewood does not wish to become a Member of MetCom, but wishes to receive from MetCom specific communications and dispatching services, and MetCom wishes to approve this User Agre.ement and provide such specific services to Englewood, as contemplated by the MetCom Agreement; AGREEMENT NOW, TIIBREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows: 1. Term of the Agreement. (a) Tunn. This User Agreement shall become effective December 1, 2014 ("Effective Date,,). The initial term of this User Agreement shall be for three (3) year(s) ("Initial Term,,) from the Effective Date. Thereafter, this User Agreement may be renewed for one (I) subsequent three (3) year terms ("Subsequent Term"), upon written notice of Englewood given to MetCom no fewer than twelve (12) months prior to the expiration of the Initial Term or Subsequent Term then in effect. (b) Subject to Annual Appropriations. Any Initial Term and Subsequent Term is subject to annual appropriation by Englewood of the payments required herein. If MetCom is determined to be subject to, but not be an enterprise pursuant to .Article X, Section 20 of the Colorado Constitution, continuation of this User Agreement shall also be subject to annual appropriation by MetCom of sufficient funds to carry out its obligations hereunder. Notwithstanding the foregoing, Englewood and MetCom agree that any preliminary budget presented to thefr governing bodies for consideration shall include sufficient funds and appropriations to carry out the terms, duties and obligations contained herein for the subsequent fiscal year. (c) Termination. Notwithstanding anything in this User Agreement to the contrary, the Parties may terminate this User Agreement prior to the expiration of the Initial Term or any Subsequent Term by mutual, written agreement. 2. Incorporation of MetCom Agreement. Englewood agrees to abide by the MetCom Agreement and that this User Agreement is governed by all provisions of the MetCom Agreement applicable to a User Agreement. (a) Definitions. Terms used in this User Agreement that are defined in the MetCom Agreement shall have the meanings assigned by the MetCom Agreement. (b) Incomoration of Terms. The terms, conditions, rights and obligations of the MetCom Agreement are incorporated into this User Agreement in full, unless specifically provided or the context of this User Agreement provides otherwise. Reference in this User Agreement to specific provisions of the MetCom Agreement shall {00410522.DOCX/2> 2 • • • not indicate the failure to incorporate provisions of the MetCom Agreement not • specifically mentioned. • • (c) Amendment ofMetCom Agreement During the Initial Tenn or any Subsequent Term of this User Agreement, Englewood agrees to be bound by amendments to the MetCom Agreement that do not adversely alter the tenns regarding termination or payment, or the services provided by this User Agreement. An amendment will be deemed to be adverse to Englewood if it increases the period of notice required of Englewood for termination, decreases the period of noti<:e required for renewal, changes the method of calculating Englewood's payments for services, increases the frequency of payments, or decreases the scope of or perfonnance standards applicable to the services required herein, unless agreed to in writing by Englewood. Any ·subsequent Terms shall be subject to the terms of the MetCom Agreement, as amended from time to time, in effect upon the expiration of the immediately preceding Initial Term or Subsequent Te~. · 3. User Status. As of the Effective Date, Englewood shall be provided user services by MetCom pursuant to Section 6.2 of the MetCom Agreement. By entering into this User Agreement Englewood does not acquire status as a Member, nor is Englewood entitled to any of the rights or services associated with Member status, except that Englewood shall be permitted to attend and participate in meetings ofMetCom's Board of Directors and operational discussions in an advisory role, but shall have no voting authority. · · 4. Scope of Services. The functions and services to be provided by MetCom to Englewood shall be those functions and services set forth in Exhibit B attached hereto and incorporated herein ("User Services"). (a) Dispatch Center. Primary emergency call handling and dispatch services shall be provided through the MetCom Dispatch Center located at 9195 East Mineral Avenue, Centennial, Colorado, unless otherwise detennined by the MetCom Board of Directors. (b) Perfonnance Standards. In providing the User Services to Englewood, MetCom shall meet perfonnance standards for providing User Services established by the Board and amended from time to time, including perfonnance standards set forth in the MetCom bylaws, rules or regulations ("User Perfonnance Standards"). MetCom shall also meet the minimum perfonnance standards provided in Exhibit C attached hereto and incorporated herein ("Englewood Perfonnance Standards"). In case of conflict between the User Performance Standards and Englewood Perfonnance Standards, the Performance Standards that provide the highest level of service shall apply. ( c) Ownership of Records and Data. All records of MetCom related to Englewood, including electronically stored data, geographic information system ("GIS") (00410522.DOCX / 2} 3 and computer aided dispatch ("CAD") data, and audio tapes shall be the property of MetCom, but available to Englewood. MetCom shall make copies of such records at the request and cost of Englewood, and shall not dispose of any such records without the written agreement of Englewood. ( d) Integration of User Communications Systems. Englewood shall integrate its communication systems with the communications system ofMetCom as provided for in Section 3.4 of the MetCom Agreement for Members and as agreed to in Exhibit D attached hereto and incorporated herein, unless specifically agreed to in writing. 5. Payments. , (a) Amount. Englewood's payments to MetCom for User Services shall be $51,912.00 per quarter. (b) Due. MetCom shall provide Englewood with a written invoice for payment for User Services not later than 30 days following the expiration of the period being invoiced. Payment shall be due from Englewood to MetCom no later than 30 days following receipt by Englewood of a written invoice. An invoice shall be considered received 3 days following deposit in the United States Postal Service first class mail, or inunedialc=ly upon lransmittal by email. (c) Late Payments~ Any payment required under this User Agreement that is not paid when due shall accrue compound interest in the amount of one percent (1 %) per month until paid. 6. Dispute Resolution. The parties agree to enter into third-party mediation prior to taking any other formal action to enforce the tenns of this User Agreement. The mediator will be chosen by mutual agreement of the parties. The mediator must be neutral, knowledgeable in the area of dispute and live within 100 miles of the Dispatch Center. 7. Liability. Each party shall remain responsible for its own staffing and training and for any liability arising from its own actions and performances under this Agreement. Notwithstanding the foregoing, both parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses and protections provided by the CGIA or otherwise available to the parties or their officers or employees. 8. Miscellaneous. (a) Notices. Any formal notice, demand or request provided for in this User Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person, by facsimile, or sent br registered or certified mail, postage prepaid 100410522.DOCX/2} 4 • • • to the Parties at the addresses as set forth on each signature page attached hereto, unless • another address is certified to the other Party. • (b) No Third Party Beneficiaries. Nothing in this User Agreement shall be deemed to create any third party benefits or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this User Agreement. (c) Amendments. Any amendments to this User Agreement shall be in writing and executed with the same formality as this User Agreement. (d) Severability. In the event that any of the terms, covenants or conditions of this User Agreement or the MetCom Agreement, or their application shall be held invalid as to any person, corporation or circumstance of any court having competent jurisdiction, the remainder of this User Agreement and the application in effect of its terms, covenants or conditions to such persons, corporations or circumstances shall not be affe~ted thereby. (e) Duplicate Originals. This User Agreement may be executed in several counterparts, each of which shall be an original, but all of which together shall constitute one in the same instrument. IN WllNESS WHEREOF, the Parties have caused this User Agreement to be executed as of the dates noted below . ATTEST: /1 /J A ,..., C. .. By: Ldtie1...c..,..e, l { N7L {a,lD Secretary lo {I 5 l if METROPOLITAN AREA CO.MMUNICATIONS CENTER AUTHORITY c;; J-<===~'F~> EC ---~XCCUtiVC Director • {00410522 .DOCX/2} s • • CITY OF ENGLEWOOD Randy P. Penn, Mayor Date:----------- A'ITEST: Loucrishia A. Ellis, City Clerk • Date:---------- • {00410522.DOCX/2) 6 • • • (00410522.00CX/2} EXHIBIT A METCOM AGREEMENT See Attached 7 METROPOLITAN AREA COMMUNICATIONS CENTER 9? 9~ East Mineral :\venue CenteMial, CO 80112 Phonc:720-258-8911 Fax: 720-258-8730 www .mctcom911.org Paul Smith, Director (00173706DOC1 ll 1 AMENDED AND RESTATED INTERGOVERNMENTAL AGll..EEMENT ESTABLISHING THE METROPOLITAN AREA COMMUNICATIONS CENTER ·AUTHORITY (MetCom) • • • • • • This AMENDED AND RESTATED JNTEROOVERNMENT.AL AGREEMENT ESTABLISHING THE METROPOLITAN AREA COMMUNICATIONS CE;NTER .. AtJTHORlTY (the ii Amended creation Agreement") is made and entered intQ this 5~ day of tl.':lobV • 20.!Jl, bf and amori1 the followina. all ofwhoriuhaU constit\.lte the Organ~ing Members ,of ~e Meq-~)>olitan Area CornrnunlCati~ns cr~~ter A~th9rity . ("MetCom"): , . ·.·. ···" .·· · .. ·· · · l ~ . ···. Parker Fire Protectlon Distric~·a quasl~J1\tu~icipil ,~oi],~rat~o~ and ~litical subdivision of the State of Colorado, organized pursu~t to Article I, Title 32, C.R.S. ("Parker Fire"); and .· · · · · · i. . ···South Metro Fire Rescue, 'a quasi-mullicipal corporation 'and p~lidcal . subdivision of the S*8te of Colorado. org~ized pursuant to Article l, Title 32, C.R.S ("SMFR"). . . .. . . RECITALS. A. Article XIV~ Section 18(2)(a) ~fthe Constitution of.the State of Colorado and Part 2, Article l~ Ti.tie 29, C.R.S., encourage and authorize intergovernmental agreements. · · B. Section 29-1-203, C.R.S., authorizes governments to cooperate and contract with one another to piQvid' any function, service, or facility l•wfully autJi.qrlzed to each, and to establish a separate legal entity to do ~· ·. ·. . .. : . . '. . . ·. ·. . C. The Organizina Members are each lawfully authorized to establish, operate and provide an emergency services communications and dispatching ~nter. . . . . ~ . . . . D. The Organizing Members entered into that certain Intergovernmental Agreement Establishing the Metropolitan Area CommuJtlcations Center AuthoritY, dated June 12, 2007 (the "Creation Agreement"). · The Organizing Members desire by this intersovemmental agreement to amend and restate the Creation Agreement for MetCom. which Is initially comprised otthe · Organizing Members, and which provides emergency services communications, dispatching services, and technology support to the Organizing Members and ~uch other Members as may join MetCom from time to time. · · NOW, TIIEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged the Parties hereby agree as follows: · ., ARTICLE 1 • METCOM 1.1 Contlnuatiog of MetCom. The Parties hereby confirm the continuation of the separate legal entity known as the Metropolitan Area Communications Center (00173706 DOC/ l) 2 Authority which shall be a separate legal entity and shall have the duties, privileges, immunities, rights and responsibilities of a public body politic and corporate·. · · 1.2 Prlpclpal Place of Buslgeg. The principal place of business of MetCom shall be established by the Board. Initially, the principal place of business ofMetCom shall be 9195 East Mineral Avenue, Centennial, Colorado 80112. ARTICLE 2 -DEFINITIONS As used in this Amended Creation Agreement, the f ollowlng terms shall have the following meanings: 2.1 "APCO" means the Association of Public Safety Communications Officials. 2.2 "Annual Capital Replacement Reserve Fund Contribution" shall mean funds contributed to MetCom by each Member, at a level detennined by the Board as sufficient to maintain a reasonable balance in MetCom's capital replacement reserve fund, and funded in the same manner as the Annual Operational Contribution. 2.3 "Annual Operational Coatrlbadoa" shall mean ft.ands contributed to MetCom by each Member, sufficient to fund MetCom's operational Budget on an aMual basis, to be calculated in accordance with Section 7.4.1 of this Amended Creation Agreement. 2.4 "A VL" refers to automatic vehicle location technology. 2.5 "Board" refers to the Board of Directors ofMetCom, as described in this Amended Creation Agreement. 2.6 "Bad1et" refers to the annual fiscal plan regarding anticipated revenues and expenditures of MetCom adopted annually by the Board. 2.7 "CAD" means computed-aided dispatch. 2.8 "Call" means an emergency or a non-emergency request for service received either by radio or telephone that generates a CAD event and a primary unit assigrunent by MetCom. MetCom will allocate each Call to the Member whose service and territory encompasses the area within which the Call originated and the service requested, regardless of which entity responds to the Call. 2.9 "Capital Contribution" shall mean funds contributed to MetCom by each Member to defray MetCom's costs incurred in purchasing equipment and other 100173706.DOC Ill 3 • • • • technology infrastructure, and to establish an operational contingency reserve fund and a capital replacement reserve fund. It shall not mean operating expenses. 2.10 "Cost Allocation Worksheet" means a worksheet prepared and annually revised by the Board setting forth each Member's Annual Operational Contribution for the next immediately following calendar year. · 2.11 "Dlreetor" means a member of the Board. ;_ " 2.12 "E1ecudve Dlreetor" means a person appointed by the Board of Directors to manage the operations of MetCom, as set forth in Section 6.1. 2.13 "Fire or EMS Senlcea" means flre, ambulance and emergency medical and rescue services. 2.14 "Flscal Year" refers to the fiscal year ofMetCom, and shall be concurrent with the calendar year. 2.IS "Majority" means one {l) more than half ofttiose eligible to vote. 2.16 "MDT1" refers to mobile data terminals. 2.17 "Member" means a Public Agency that is a party to this Amended Creation • Agreement. • 2.18 "Met<:o•" means the Metropolitan Area Communications Center Authority. 2.19 "Or1aaizfn1 Members" shall refer to the initial parties to this Amended Creation Agreement, which are Parker Fire and SMFR. 2.20 "Private A1ency" refers to a non-governmental entity that provides Fire or EMS Services. Private Agencies may receive services from MctCom, but shall not be deemed Memben of MetCom. 2.2 t "Public A1eacy" refers to a department of federal or state government, a county, municipality, special district or similar local government that provides Fire or EMS Services. 2.22 "Quorum" means more than one-half of the number of Directors serving on the Board. 2.23 "RMS" means records management system. 10011l706.DOC I JI 4 ARTICLE 3 -PURPOSE 3.1 Purpose. The purpose of MetCom is to form partnerships to increase communications and coordination between entitles providing Fire or EMS Services at a regional level along the Front Range. MetCom's primary focus shall be to ensure the safety of the public, fire fighters. and EMS · persoMel in the areas that it serves. To accomplish this mission, MetCom will pr()vide support in the areas of dispatch, communications, and infonnatlon technology to Fire or EMS Services. The aoard shall detennine the specific types of services provided based on the needs and interests of the Members. · · 3.2 Public Agegcles. MetCom shall offer services to Public Agencies providing Fire or EMS Services in any area capable of being served by the MetCom dispatching and communications center. Other Public Agencies may receive services from MetCom if approved by the Board. 3.3 Authority Functions aqd Sealces. The functions and services ofMetCom are: I 00171706.DOC I JI 3.3.1 Acquisition, operation and maintenance of real and personal ftl'0ftArf•t 8UOtame Al'lt•=9"W"• .. t •Ood Atl...-........ .: .. 1 .. -·c--~A-• •!"II. i" .·y~• ,; ;. .,,, :.lt.YH •• i:r1 •..:"iu:;.:su~.u. ~'"• ~u:~A ;;:,gi.,-..&•Q 9J ,,.,.. ,.,;:;w;;;,1 :.~ facilitate emergency reporting, dispatching of emergency services, emergency service communications and related services, includina contracting for service with, or acquisition, operadon and maintenance of an emergency services dlspatchin1 and communications center, and general technological Support related to the operation or such center. 3.3.2 Facilitate the purchase of equipment and other materials which are to be used by individual Mem~ers in connection with the communications and dispatching services provided by MetCom. 3.3.3 Provide such other services or functions reasonably related to communications, dispatching and technological support service,, for emergency service providen, as may be authorized by law to the Members, and as det~rmined by the Board to be in the best interests of the Members and persons residing within the service area boundaries of the Members, including but not limited to: (a) Providing 24 x 7, 365 days per year emergency Call handing and dispatch services to all Members. (b) Ensuring that all dispatchers meet the minimum training standards as established by MetCom's Executive Director, the s • • • • • • National Academy of Emergency Medical Dispatch and APCO. (c) Ensurina the highest quality emergency communications and customer service through the utilization of a nationally recognized quality assurance program. (d) Providing public education for Member communities, Including cooperation with Memben and 911 authorities to provide youth 911 education, business-based 911 education, and public presentations on these and similar topics. (e) Providing management information reports to all Members consistent with reporting customarily provided to entities providing Fire or EMS Services. Any costs associated with requests for special information services and/or reports by a particular Member, will be borne by the requcstin1 Member. (f) Providfn1 geoaraphic information system (GIS) support services for the maintenance of map data in each Member's service area including street centerlines and other dispatch related layers required for vehicle routina, unit response recommendations and dispatching . (g) Providing support to Memben for all non-radio based wireless dat• communications such as MDTs and A VL devices. · (h) Provide assistance with the integration of the Members' preplan data into CAD. 3.4 lgtecratlon of Member agd MetCom communlcadog mtems. Equipment that either directly or indirectly communicates with MetCom must be approved in advance by MetCom to ensure that it is compatible with e.,isting systems and infrastructure. This includes, but is not limited to, technology such as: RMS, station alerting, GIS and A VL systems, wireless modems and MDTs. !0017l706.DOC I l) 3.4.1 Members must provide for any training required to enable persoMel of MetCom to support Member-specific equipment and software that either directly or indirectly communicates with MetCom. 3.4 .2 Members will be responsible for any costs associated with implementing interfaces, network communication solutions or 6 other such equipment on existing or future MetCom systems or infrastructure. 3.4.3 Other communications equipment, including but not limited to, apparatus radios, portable radios. cellular communications and network infrastructure which may be necessary for the Member's units to function within the regional dispatch system, but are not defined within this Amended Creation Agreement, are the sole responsibility of the Members. -Purchase and maintenance of such equipment may be faciUtated through the auspices of MetCom at the sole expense of the Member seeking the services ofMetCom in this regard. Such costs wl11 be invoiced independent of the Member's Annual Operational Contribution. 3.4.4 Costs associated with utility company circuits, connections and monthly serviCes, which are used for station communications, station notification systems, RMS interfaces and other such communications, shall be borne by individual Members • 3.4.S • ,, __ L_.;. _L_IJ--t •.. !.L-•• •&L4 --!-r··-!ff-.. -----~--· -r····'"'-.... ~~:..-;::::..~:~ :!U:1i ::v, ~,.-:~1~· •• u. :.::v ;:1iu .. 'lr1.:.;1. ~u1~~n1. o r.:1=:1.\..Uaa1 and the system hardware/software providers, copy or reproduce the hardware, software or finnware used within the system, in whole or in part. Furthennore, Members shall not make such items available to others without the same consent. 3.4.6 Members shall not, without prior written consent ofMetCom add additional software to any l\llDTs. 3.4.7 MetCom agrees to integrate and maintain the Member's geoaraphic data necessary for processing dispatches in a timely mBMer. Members agree to provide all geographic data infonnation, including timely updates, to MetCom. 3.S Powen ofMetCom. To enable MetCom to carry out its functions and provide the services described her~inabove, MetCom shall have the following powers: 100173706.IXX' I JJ 3.S.l To acquire, construct, manage, maintain, or operate an emergency services communications and dispatching center on behalf of the Members. 3.S.2 To acquire, hold, lease (as Lessor or Lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property utilized for the purposes of reporting emergencies, dispatching emergency services, providing emergency 7 • • • • communications, and providing technological support or other related services 3.S.3 To conduct its business and affairs for the benefit ofMetCom and the constituents it serves, includin& residents, property owners and visitors. '. 3.S.4 To enter into, make and perfonn contracts of every kind as authorized by law with other Jocal governmental entities, tho State of Colorado or any political subdivision thereof, the United States, or any political subdivision thereat and any individual, finn, association, partnership, corporation or any other organization of any kind. 3.S.S To employ agents, including, but not limited to, engineers, attorneys, architects and consultants, and employees, and to adopt persoMel polices, guidelines and regulations applicable to employees of MetCom. 3.S.6 To incur debts, liabilities, or obligations to the extent and in the manner pennitted by law, and borrow money and, from time to • time, to make, accept, endone, execute, issue and deliver bonds, notes and other obligations of MetCo_m for monies borrowed, or in payment for property acquired, or for any of the other purposes, servic~ or functions of MetCom; and as provided by Jaw, and to the 'extent pennitted by law, to secure the payment or any such obligations by mortgage, pledge, deed, indenture, agreement, or other collateral instrument, or by other lien upon assignment of all or any part of the properties, rights, assets, contracts, easements, revenues and privileges ofMetCom. MetCom shall have no authority or power to levy or collect taxes of any kind. 3.S.1 To own, operate and maintain real and personal property and facilities in common with others, and to conduct joint, partnership, cooperative or other operations with others, and to exercise all the powers granted herein in joint, partnership or cooperative efforts and operations with others. 3.S.8 To act as agent on behalf of the Members with regard to the functions and services described in this Amended Creation Agreement. 3.5.9 To sue, and to be sued, in its own name. • {00173706.DOC' I JJ 8 3.S.10 To have and use a corporate seal. 3.S.11 To fix, maintain and revise fees, rates and charges for tbnctions, services or facilities provided by MetCom in the manner provided by law. 3.S.12 To adopt, by resolution. regulations respecting the exercise of its powen and carrying out of its purposes. 3.S.13 To exercise any other powers which are essential to the provision of the functions, services or facilities by MetCom and which are specified in this Amended Creation Agreement. 3.S.14 To receive contributions, gifts, bequests or other grants of cash, equipment or services for MetCom, the Members or other entities, individuals, or political subdivisions. 3.S.15 To exercise any power 1awfWly authorized to each of the Members. J.5. i 6 lo contract with any appropriate entity to provide necessary or desirable services to MetCom. ARTICLE 4-MEMBERSHIP 4.1 Memb9gbip. Additional Public Agencies may be added to thls Amended Creation Agreement as a Member with unanimous written consent fonnally approved by the governing body of each Public Agency that is a Member at such time. Any Public Agency added as a Member shall be subject to sW:h tenns and conditions as the Board of Directors, in its sole discretion, may determine. The Board may assess a new Member a Capital Contribution to cover its pro rata share of the costs of those capital assets previously purchased by MetCom for joint use by all Members. Any Member not assessed a Capital Contribution will not be credited with any cash value of the assets on hand as of the date of joining as a Member. The Board shall be vested with absolute discretion to detennlne how the Capital Contribution of any new Member is to be used by MetCom, including but not limited to distributing the Capital Contribution of a new Member to the Organizing Members on an equal basis or using the Capital Contribution of a new Member to fund then-present or future capital needs ofMetCom. 4.2 Reygeatlog of Membenhlp. The Board shall retain the right to revpke the membership of any Member of MetCom, with or without cause. but such action on revocation of membership shall require the vote of not less than sixty-six percent (66%) of the Directors ofMetCom, and the Board shall be required, by separate agreement with the Member whose membership is being revoked, to make (0017l706.DOC/3) 9 • • • • • • arrangements to refund or repay the depreciated value of the initial Capital Contribution made by such Member to MetCom, but excluding any portion of said Capital Contribution which was allocated to the operational contingency reserve fund or capital replacemc .. reserve fund of MetCom. .. . 4.3 Membenlllp Rigbg. Membership in MetCom shall mean the right to receive communication based services from MetCom. Members shall pay for costs associated with the services provided by MetCom, in accordance with the remaining tenn~ of this Amended Creation Agreement. 4.4 Prlyat! Agnc:les. MetCom may separately contract with Private Aaencies, but no Private Agency may become a Member of MetCom or party to this Amended Creation Agreement. 4.S Term. Termlnattog. Addia• or Deledng Memben. 100173106.DOClll 4.5.1 '.I!!:m· This Amended Creation Agreement shall become effective when it has been duly executed by all Organizing Memb~. Th~ temi of this Amended Creation Agreement shall be unlimited, and .shall extend untJI tenninated as provided 4.5.2 herein. · Termlnadog. This Amend~ Creation Agreement may be terminated at any time by written agreement of all Members then-existin1 it the time of such termination. 4.S.3 Consolidation by Memben. Consolidation by a Member with another Member or non-Member to fonn a single legal entity shall not terminate this Amended Creation Agreement nor cause a withdrawal by the consolidatina Member or Members. All rights and obligations of such consolidatin1 Member or Members shall inure to the newly created single legal entity, except that no consolidation by a Member shall increase any non-consolidating Member's share of Capital Contributions required under this Amended Creation Agreement without the written consent of such non-consolidating Member, nor shall any consolidated entity have more than one Director on the Board of Directors. The formation of the South Metro Fire Authority by the Organizing Members does not constitute a consolidation as contemplated by this Subsection 4.S.3. 4.S.4 Withdrawal ofMemben. A Member may withdraw from this Amended Creation Agreement as of the end of any calendar year by written notice authorized by the governing body of such 10 4.S.S Member, provided to the Board and each Member no later than three hundred sixty (360) days prior to the end of the calendar year. A withdrawing Member shall remain liable for any and all financial obligations, and all indebtedness incurred while the withdrawing Member was a Member of MetCom. Upon withdrawal, a withdrawing Member shall have no tbrther interest, right or title in or to any assets or equity of MetCom, unless there is a specific agreement to the contrary by and between the withdrawing Member and MetCom. Withdrawal by any Member or combination of Members shall not cause termination of this Amended Creation Agreement . ., Dlstrtbutlog og Iermlgatlo1. In the event of the rescission or termination of this Amended Creation Agreement and the dissolution ofMetCom, all of the assets ofMetCom shall immediately vest in the then existing Members, subject to any outstanding lleni, mortgages or other pledges of such assets, and shall be distributed pro rata to each of the then-existing Memben, based on each Member's Capital Contribution. The Board may provide, by unanimous agreement and decision, for an alternate disposition of any and all interests ofMetCom to any successor(s) to MetCom, or for Bil altemadve disposition between and among the Memberi. · ARTICLE5-GOVERNANCE S. l Intent. MetCom is a diverse organization that is designed to meet both the present and future communications needs of the Members. It is the intent of this Amended Creation Agreement to create a Board that represents the interests of the Memben and the communities they serve and to promote a unified communications solution for all current and futun Members. The Agreement is structured to allow Members the greatest flexibility in detennining how MetCom can support them in their mission. 5.2 Board of Dlrecton. The governing body ofMetCom shall be a Board in which all administrative and legislative power of MetCom is vested. 100173706.00CIJI S.2.1 Number. The initial numberofDirecton serving on the Board shall be the same as the number of Organizing Memben. Each Member shall appoint one Director and each Director shall be entitled to cast one vote. S .2.Z Alternates. Each Director shall have one ( 1) alternate who may attend all Board meetings and who may vote only in the absence 11 • • • • • • of the voting Director. The alternate shall be appointed In the same manner as the Director. S.2.3 Appolptment .. The governing body of each Member shall appoint to the Board one voting Director and one alternate. S.2.4 Terms of Dlmtog. Each Director and each alternate shall serve at the pleasure of the governing body of the Member by whom the Director and the alternate were appointed, and may be reappointed or replaced at any time by that entity. There shall be no limitation on the number of years any Director or alternate may serve on the Board, provided that any Director or alternate may be replaced at any time by the governing body of the Member responsible for said appointments. . . . S.2.S Vacanclu. A vacancy occurring on the Board, whether such vacancy be the result of resignation, death, removal or disability, shall be tilled in the same manner as appointment of a Director as hereinabove provided. S.2.6 ComDensatloa. Directors shall not receive compensation from MetCom for their services. The Board shall provide for reimbursement to the Directors of their actual and reasonable expenses incurred on b~alf of MetCom. S .2. 7 i2eclsfon1. Decisions of the Board may be made only at regular or special meetings, called upon notice as required herein, at which a Quorum is present Except as otherwise provided, decisions of the Board shall be made by a vote of the Majority of the total Directors present (or alternates voting in the place of Directors). Actions on Budget adoption, incurring secured debt, approving or tenninating contract communications services, revoking the membership of a Member, and hiring and terminating professional consultants shall require the vote of not less than sixty-six percent (66%) of the Directors (or alternates voting in the place of Directors) ofMetCom. No Member shall be allowed more than one vote on any issue or matter. S.3 Meetfpg. {00173706.COC I JJ S.3.1 Regular Meetlgg. A schedule ofreplar meetings of the Board may be set by resolution of the Board, which resolution shall identify the dates, times. and location of said regular meetings to be held within the boundaries of Arapahoe County or Douglas 12 County, Colorado. Following adoption of said resolution scheduling regular meetings of the Board, no additional notice to the Directors or Members shall be required. Regular meetings of the Board shall be open to the public and shall be posted in accordance with the provisions of Section 24-6-402(2)( c ), C.R.S. Directors shall be allowed to participate in all such regular meetings by telep~one •. S.3.2 Special Meeting. Special meetings of the Board may be called by any two (2) Directors, and it shall thereupon be the duty of the Secretary of the Board to cause notice of such meetina to be given as hereinafter provided. Special meetings of the Board of Directors shall be held at such time and place as shall be fixed by the Directors calling the meeting. Special meetings of the Board shall be open to the public and shall be posted in accordance with the provisions of Section 24-6-402(2)(c), C.R.S. Directors shall be allowed to participate in all such special meetings by telephone. N;;tise 9il'Yit;!ii11. written noti~e of any special meeting of the Board shall be delivered to each Director and each Member not less than three (3) days before the date fixed for such meeting, either personally, by facsimile, or by repdar or electronic mail, by or at the direction of the Secretary, or upon the Secretary's default, by the Directors calling the meedng. If mailed, such notice shall be deemed to be delivered three (3) days following deposit in the United States mail, addressed to the Director and Members at the Director's and Member's address( es) as the same appear on the records of MetCom, with postage thereon prepaid. S.3 .4 Waiver of Notice. Whenever any notice is required to be given to any Director under the provisions of law or this Amended Creation l\.greement, a waiver thereof in writing by such Director, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a Director at any meeting of the Board shall constitute a waiver by such Director of notice of such meeting, except when such Director attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully convened. S.4 omcen. The officers ofMetCom shall be a Chair, Vice-Chair, Secretary, Treasurer, and such other officers and assistant officers as may be elected by the Board from time to time, to perfonn such duties as may be approved by the Board. (~0173706.DOC / JJ 13 ' • • • • • • The Chair, Vice-Chair and Treasurer shall be Directors, but the other officers of MetCom need not be Directors. 100173706.DOC Ill . . . . S.4.1 Aopolptipegt1 and Term of omce .. At the first meeting of the Board following fonnal execution of this Amended Creation Agreement and appointment of the initial Directors by the governing bodies of the Organizing Meinbers~ the Directors shall appoint omcers who shall s·erve as ofttcen of MetCom. Thereafter, officers shall be appointed aMually by the Board .at the Board's last regularly scheduled m.eeting for each calendar year. Vacancies c>ccurring ln any officer position may be filled at any meeting of the Board. S.4 .2 Remoyal. Any officer or agent appointed by the Board of Directors may be removed by the Board of Directors, with or without cause, whenever in its judgment the best interests of S.4.3 MetCom will be served thereby. · · Dutfe1 of Omcen. In addition to duties designated by the Board of Directors, the duties of the officers shall include the following: a) Chair. The Chair shall preside at all meetings of the Board and, except is otherwise delegated by the Board, shall execute all legal instruments of MetCom. · ' . (a) Ylce-Chalr. The Vice-Chair shall, in the absence of the Chair or in the event of his inability or refusal to act, perform the duties of the Chair, and when so acting, shall have all the powers of and be subject to all restrictions upon the Chair. (b) Sesretaa. The Secretary shall maintain or cause to be maintained the official records ofMetCom, including this Amended Creation Agreement, and any and all bylaws, rules and regulations which may be adopted by MetCom from time to time, minutes of the meetings of the Board, and a register of the names and addresses of the Directors. alternates and officers, and shall issue notice of special meetings, attest and shall affix the corporate seal to all documents of MetCom where appropriate. A separate recording secretary may be appointed by the Board for takin1 and preparina meetin1 , minutes. (c) Treasure[. The Treasurer shall serve as the financial official ofMetCom, and subject to the fiscal policies adopted by the Board and the restrictions imposed by law, be responsible for 14 the receipt, custody, disbursement and accounting of MetCom's tunds and securities, and duties incident to the office of Treasurer, but not the investment of MetCom's funds. The accounting function shall be provided by a MetCom employee or independent contractor under the supervision of the Treasurer and shall be reviewed by the Board at its regularly scheduled meetings. (d) Mlicell1neOU1. The duties and functions of the Secretary and the Treasurer may be performed by a single individual. If the person perfonning the duties of Secretary is not a Director, such person shall receive such compensation as is deemed appropriate by the Board. S.4.4 Bogds of Ofllcen. The Treasurer and any other officer or agent of MetCom charaed with the responsibility for the custody of any of its funds or property shall gJve a bond in such sum and with such surety, if any, as the Board shall determine. The Board, in its discretion, may also require any other officer, agent or employee ofMetCum to give 11 bond in such amount and with such surety as shall be detennined. The cost of such bond shall b' an expense of MetCom. S.S Jpdemnitlcatfo1, (0017J70&.00C I JI S.S. I Directors agd Oflkers. Each Director and officer of MetCom, whether or not then in office and his/her personal representatives shall be indeJMitled by MetCom against all costs and expenses actually and necessarily incurred by such person in connection with the defense of any action, suit or proceeding arising out of an act or omission or such person during the perfonnance of such penon's duties and within the scope of such person's appointment, except in relation to matters as to which such person shall be finally adjudged in such action, suit or proceeding to be willful or wanton in the act or omission giving rise to the action, suit or proceeding. Such costs and expenses shall include amounts reasonably paid In settlement for the purpose of curtailing the cost of litigation, but only ifMetCom is advised in writing by opinion of its legal counsel that the person indemnified was not willful or wanton in the act or omission giving rise to the action, suit or proceeding. The foregoing right of indemnification shall not be exclusive of other rights to which such person may be entitled as a matter of law or by agreement. 15 • • • • • • S.S.2 Employee1. Employees will be indemnified pursuant to the provisions of the Colorado Oovemmental Immunity Act, Section 24·10·101, et seq., C.Ri.S., as amended~ . . . . S.6 Encutiog of Coptracg. Except as otherwile provided by law, the Bolfd may authorize any officer, employee, or agent to enter into any contract, or execute and deliver any instnunent in the name and 0'1 behalf of MetCom. \ . . .,i .. ' . S.1 A1set1 Held In Trust. All assets and properties ofMetCom shall be held in trust for the purposes herein mentioned, including payment of liabilities of MeiCom. 5.8 Ftnanclal. S.8.1 Necotlable lnstrumeng. All checks, drafts or other orders for payment of money shall be issued in the name ofMetCom, and in such manner as, from time to time, shall be detennined by motion of the Board, except that all notes, bonds, or other evidence ~f indebtedness shall be Issued by resoludon. 5.8.2 S.8.3 I Deposits. All funds of MetCom shall b~ deposited, from time to time, to the credit ofMetCom, pursuant to law, in such bank or banks or other fmancial institutions as the Board may select . . ,· i. . ·' . Flseal Year. The fiscal year of MetCom shill be January I through December 31. 5.8.4 Debt Not That oCMemben. The bonds, notes and other obligations of MetCom shall not be the debts, liabilities or obligations of the Members or any or Public Agency which may become a future Member, unless provided by written consent of the governing body or each of the Members in compliance with law. S.8.S Fugd1 oC Memben. MetCom may receive from the Members . funds for services rendered to the Members and other public funds, as contributions to defray the costs incu1Ted under this Amended Creation Agreement. and as advances for any purpose allowed under this Amended Creation Agreement, subject to tenns of repayment as agreed to by the Board and the Members. ARTICLE 6 ·OPERATIONS 6.1 Executive Director. The Board shall appoint an Executive Director to manage the operations of MetCom. Initially, it is expected that the Executive Director will be an employee of SMFR. At any time during the tenn of this Amended Creation I 00173706.DOC / 31 16 Agreement, the Board may require that the Executive Director become an employee ofMetCom. Consistent with direction of the Board, the Executive Director shall be directly responsible for implementing policy and procedures, facilitating and coordinatina committee and workina group activities, an~ shall be responsible for such other duties as directed by the Board, including but not limited to the preparation of the arinual Budaet. accounting of the financial operations of MetCom, hiring and terminating employees of MetCom. and supervision of the day tq day operations ofMetCom. The Board shall be entitled to develop perforinance standards for the Executive Director. The Executive Director shall be a non-voting, ex-officio member of the Board and shall attend all Board meetings unless excused by the Chair. 6.2 User Agreemegg. MetCom may enter Into user agreements or agreements for se~ices with any Public Agency regardless of whether such Public Agency is a Meqiber, interested in receiving services from MetCom. MetCom may also enter into user agreements or agreements for services with any Private Agency so long as such agreement does not violate the tenns of any public financing received by MetCom. Each such agreement shall specify the services to be provided by MetCom and the terms under which such services are to be provided by MetCom to such Pubiic Agency or Private Agency. · 6.3 Fln1pclal Syoport. MetCom may receive financial support from one or more sources, including' emergency telephone surcharge revenues, user fees, and public or private grants. . · · · · · ARTICLE 7-FISCAL ADMINISTRAttON ' ' . ~ 7.1 Fiscal Magagement. Unless otherwise designated by the Board, all power to receive, hold, and, upon approval by the Board, disburse funds or money equivalents shall be exercised by MetCom personnel under the direction and supervision of the Executive Director, and under controls and policies approved by the Board. The Executive Director shall monthly provide the Board with a complete report of all revenue and expenditures, and reasonable information on the state of MetCom's finances. 7.2 Budget. The Budget for MetCom shall be adopted by the Board pursuant to Part I, Article I, Title 29, C.R.S. The provisions of Article 10 . .S ofTitle 11, C.R.S .• shall apply to monies of MetCom. 7.3 Capital Budcet. All capita) purchases shall be shared among the Members based on each Member's pro rata share ofMetCom's operational Budget in the year in which the capital purchases are to be made. (00173706 DOC I JJ 17 • • • • • • 7 .3 .1 Each Member oth~ than SMFR shall enter into an intergovernmental agreement with MetCom with respect to the Capital Contributions based upon terms and in a fonn approved by the Board. SMFR hu entered into an intergovernmental agreement with MetCom outlining the tenns under which the communication center capital equipment was transferred to MetCom. 7.3.2 A capital replacement reserve fund will be established and funded annually. Annual funding of the capital replacement reserve fund shall be funded equally by all Members, and shall be approved and adjusted by the Board based on the annual Budget. · 7.4 Operational Budgt Each Member's share ofMetCom's annual operational Budget shall be calculated in accordance with this Section 7 .4. The annual operational Budget shall include a capital replacement reserve fund component, costs of personnel, supplies, services, and management and administration for the provision of emergency communications, dispatching and technological support services, but shall not include depreciation and .individual expenses necessary for the sole needs of the Membcn to receive such services • 7.4.1 7.4.2 t0017l706.DOC / l) Bach Member's share ofMetCom's annual operational Budget shall be determined by the Board and shall be based on each Member's respective share of the total Call volume averaged over the immediately precedin& three (3) calendar years, to the extent three (3) years of Call data is available. The amount due from each Member will be based on the following fonnula: each Member's detennined percentage of total Call volume times the approved operational Budget (as approved by the Board), plus the Annual Capital Replacement Reserve Fund Contribution as determined by the Board and as set forth in Section 7.4.3. Each Member's Annual Operational Contribution shall be paid in four (4) equal installments, on the first day of each quarter of the next immediately following fiscal year (January 1•, April 1•, July l", and October l 11), or on such other sch,dule as may be detennined by the Board. The Cost Allocation Worksheet will be revised aMually by the Board, and shall set forth each Member's Annual Operational Contribution for the next immediately following calendar year. The Cost Allocation Worksheet shall be made available to all Members by the Board no later than July I of the year in which the Cost Allocation Worksheet is revised and adopted by the 18 Board, and shall be effective January 191 of the year following the year in which the Cost Allocation Worksheet is revised and adopted by the Board, . 7 .4.3 Each Member's Annual Capital Replacement Reserve Fund Contribution shall be included in the Annual Operational Contribution set forth in the Cost Allocation Worksheet. and shall include a fee associated with updating or supplementing wireless communic!ltions, technology, network expansion, enhanced radio communications and/or technical support may become necessary in future years. In each Budget year, the amount of the Annual Capital Replacement Reserve Fund Contribution will be determined by the Board and will be included and referenced with particularity in the Cost Allocation Worksheet to be provided to all Members by July l of each year. Members may be asked by the Board to make a contribution to the Capital Replacement Reserve Fund ; 1.5 Late Paymentt. Any payment required under this Amended Creation Agreement ihat is nut piiid whtn due :;hail accrue compound b;tmst in ihc amount of one percent ( 1 % ) per month until paid; · · ( 7 .6 Apggal Audit. In accordance with Colorado st•te iaw, MetCom revenues and expenditures shall be subject to an annu~l audit unless MetCom is eligible to apply to the State Auditor for an exemption from audit, which, if completed, wilJ include an audit opinion without qualiflcations, to be perfonned by a certified public accountant. ARTICLE 8 ·MISCELLANEOUS 8.1 Ml1cell1negu1. 100171706.DOC Ill 8.1.1 Notice•· Any fonnal notice, demand or request provided for in this Amended Creation Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person, by facsimile, or sent by registered or certified mail, postage prepaid to the Members at the addresses u set forth on each signature page attached hereto, unless another address is certified to MetCom. 8.1.2 Indemniflcatlog. To the extent pennitted by law, each Member shall indemnify, defend and hold the remaining Members hannless from and against any and all claims arising from all of the Member's independent activities prior to the date of this 19 • • • • • • 100173706.DOC / 31 8.1.3 Amended Creation Agreement and the Member's use of the Metropolitan Area Communications Center. Each Member shall . · · also indemnify, defend and hold the remainin1 Memben harmless from and against any and all claims arising from any breach or default in the performance of any obligation of the Member's part to be performed Wider the provisions of this Amended Creation Agreement or arisbt1 from any negligence, recklessness, intentional acts or omissions of the Member or any of its agents or employees and ftom any and all costs, attorney fees, expenses and liabilities incurred in the defense of any such claim or action or proceeding brought on any such claim; provided, however, that nothing contained herein waives or ls intended to waive any protections that may be applicable to any Member under the Colorado Governmental Immunity Act, Section 24-10-101 et .req., C.R.S., or any other rights, protections, immunltie1t defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution or other applicable laws. No Tblnl Partv Beaeflclarles. Nothing in this Amended Creation Agreement shall be deemed to create any third party benefits or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any entity or person not a party to this Amended Creation Agreement. 8.1.4 Amegdments. This Amended Creation Agreement may be amended only by written document approved by formal authority of the govemina bodies of all of the Members; provided, however, that such amendment will not affect other obligations outstanding of MetCom unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to such obligations. 8.1.S Seyerablllty. In the event that any of the terms, covenants or conditions of this Amended Creation Agreement or their application shall be held invalid as to any person, corporation or circumstances of any court having competent jurisdiction, the remainder of this Amended Creation Agreement and the application in effect of its terms, covenants or conditions to such persons. corporations or circumstances shall not be affected thereby. 8.1.6 Duplicate Originals. This Amended Creation Agreement shall be executed in several counterparts, each of which shall be an 20 original, but all of which togeiher shall constitute on in the same instrument. IN WITNESS WHEREOF, the Organizin1 Members have caused this Amended and Restated Intergovernmental Agreement Establishina the Metropolitan Area Communications Center Authority to be executed as of the 2 day of Oc..&.ob« , 20 .JE. PARKER FIRE PROTECTION DISTRlCT By: cnd808nz, President Date: ___..l_• .... l~_,..,,__~-------- Attest: ~cl<r,4\f Danny C:O y, Secretary SOUTH METRO FIRE RESCUB By: l~-Laura SJ1lOl1JCfulifPon Date: q .... z..;.-10 ------------- Attest: (00173706.00C / lt 21 • • • • • • EXIDBITB USER SERVICES City of Englewood MetCom's proposed pricing Is divided Into two sections to address the operational and capital required to operate the Center. Dispatch Services -User agencies are billed quarterly by MetCqm for "dispatch services." This fee Is based on an annualized rolling three-year average of the agency's "calls for service" within their own district. CapJtal Reserve -All agencies contribute annually to MetCom's capital reserve account. This fund Is used for capital projects such as server replacement and equipment upgrades. The capital reserve fee Is set by the Board and Is used to Insure that MetCOm has the ability to expand or upgrade as needed with limited or no additional Impact on the user agencies. The Capital Reserve for the first 3 year term of this agreements wlll be 3% of the annualized Dispatch Services cost. The Initial term of this User Agreement shall be for three years ("Initial Term") from the Effective Date. Thereafter, this User Agreement may be renewed for one subsequent three-year term ("Subsequent Term"), upon written notice by the City of Englewood, given to MetCOm no less than twelve mon~hs prior to the expiration of the Initial Term or Subs~quent Term then In effect. Pricing for dispatch services will be fixed at a rate of $48.00 per call for the first 3 year term. Cost per call for the second term wlll be adjusted by the 3 year average of CPI and will be fixed for years four through six. Cost for the first year of Dispatch Services Is based on estimated call volume as reported by EFD and will be adjusted once actual volume from 2011-2013 has been reported to MetCom. Cost for years two and three may be adjusted based on EFD's average call volume based on a three year rolling average. ,, A1er:-ey ·, Cal!t Dlspatd.1 Capital . · . Total Cost . Total ~ Base Cost . . . ' '·' . ': , .. ' . ··.' '' " Par can ::· :· F'~;::. Per Year Per call ~" Servlce1 ;, ' Reser1t · '' .. ·1: ··.· ' ; . . . . . ' Englewood Est. 4200 $48.00 $201,600.00 $8,048 $49.44 $207,648 .00 { 00410522.00CX / 2} 8 1. MetCom will provide a flexible staffing plan that has the ability to staff up to handle high demand incidents and events, i~cludlng rapid call-back of staff, when necessary. To accommodate the staffing plan, sleep rooms are located on-site and IDT dispatchers are available for on-call support In the field or In the dispatch center for major or complex Incidents. MetCom will make scheduling modifications or Increase staffing levels if necessary to insure the highest quality In Fire/EMS call management and customer service. 2. MetCom will provide dispatching services using a map-based CAD system that also has the ability to provide station-based dispatching. This agreement can be modified to Include AVL and MDTs at the request of the City of Englewood. EFD will be responsible for purchasing required MDT hardware and software licenses as required by TriTech. 3. MetCom primarily operates on the State of Colorado 800 MHz Digital Trunked Radio System. MetCom will insure that EFD has adequate dispatch and operational talk-groups to support fire/EMS operations. 4. MetCom will work with EFD to utilize their existing station alerting system. MetCom does have the ability to Interface with Westnet's First-in Smart Station Alerting System If the City chooses to install Westnet in the future. s. MetCom will provide automated unit and staff paging via a standard Interface to EFD alpha numeric pagers, If so equipped. 6. MetCom will provide a nationally recosnlzed standard of Emergency Medical Dispatch (EMO) to the citizens calling 911. 7. MetCom has the ability through a standard RMS lnterfa~e to transmit call Information to EFD's Fire Manager RMS. s. MetCom will provide all required GIS data Integration and support for the street data required to dispatch EFD. 9. MetCom will create, at no additional charge, a public safety map book specific to the City of Englewood. This map book will be provided In an electronic PDF format for station and apparatus use. 10. MetCom will provide its Incident Dispatch Team (IDT) including units and personnel as needed to support fire suppression and special operations for EFO. 11. MetCom will provide basic GIS and analytic services to EFD In support of CFAI Accreditation. Additional GIS and analytics services can be provided, by separate contract, at EFD's request. (00410522.DOCX / 2) 9 • • • • • • EXHIBITC ENGLEWOOD PERFORMANCE STANDARDS MetCom's standards are based on the NFPA 1221 guidelines for call processing and dispatching times. The 2010 edition of NFPA 1221 ls currently used as the baseline standard for dispatching performance. Future amendments to NFPA 1221 will be reviewed by the MetCom Board within 6 months of their adoption to determine whether they should be Incorporated Into MetCam's Standards. · .. •: Additionally MetCom agrees to comply with the Emergency Medical Dispatch (EMO) performance standards as defined by the International Academies of Emergency Dispatch. (See Attached) {004IOS22 .00CX12} 10 EXHIBITD ADDITIONAL COMMUNICATIONS SYSTEM INTEGRATION REQUIREMENTS EFD Is required to provide and maintain data circuits, vehlcle/handheld radio hardware and other equipment to facilitate direct connectivity to MetCom for the purpose of data Integration, station alerting, paging and radio communications. This Includes costs associated with utility company circuits, connections, maintenance and recurring service charges. MetCom will serve In a consulting and support capacity to assist EFD In the Implementation and .on-going operation of this equipment. {0041 OS22.DOCX / 2) 11 • • •