HomeMy WebLinkAbout2010-09-20 (Regular) Meeting Agenda Packet1. Ca ll 10 Order.
2. Invoca tion .
Agenda for the
Regular Mee ting of tl·• ..
Englewood Ci ~, Council
Monday, Ser.temher 20 , 2 I Hi
7:Ji} 4 H
Englewood Civic c,,, ·
'000 Engl e,
f ngl ewoo t, r
,,ncil Chambers
·11 }·,,i.\Y
~0 110
3. Pledge of All eg iance .
4. Roll Cal l.
5. Consideral on of Minutes of Prev ious Sessi on.
a. Minutes fr om the Regul ar City Coun ci l Meeting of Sep tember 7, 20 10.
6. Recogniti on of Scheduled Publi c Comment. (This is an opportunity fo r th e publi c to address
'C ity Coun cil. Council may ask ques tions for clarificati on, I t th ere will not be any dialogue.
;>lea se limit your prese nta tion to fi ve minutes.)
7. Recog nition of U nsche du led Pub lic Comm ent. (Thi s is an opportunity for th e public to
address City Coun cil. Council m ay ask ques tions f r cla ri fi ca ti on, but th ere w ill not b e an y
dialogue . Pleas e limit yo"' prese nt ati on to thr ee min ut es. Time for un s h duled p ubli
comment may b e limited to 45 minutes, an d if limited, shall be conti nued to General
Di scussio n.)
8. Comm un ic ati ons, Proclama tions, and Appoi ntm ents.
" Ema il from M arga ret M cDe~.r:v:t ~nn un cing her res igna ti on from Allian ce for
Commerce in Englewood.
b. Email from Jennifer (Enger) Quinliva n ann ounci ng her resignation from th e Cu ltu r;.
Art s Com mis sion.
Please no1e: If vou hil ,..e a disabili ly and nee rl auxiliary ;lids or se rvi ces, please noti fy lh e City of Englewood
(303-762-24051 ,, leas t 48 hours in ach,1nce lf when services are needed .
Englewoo d Oty Council Agenda
September 20, 2010
Page 2
9. Consent Age nda It ems.
a. Approval of Ordinar.ces on First Reading.
Council Bill No . 31 -Recommendation by the Utilities Department to approve
a bill for an ordinance authorizing the execution of an Intergovernmen tal
Agree ment regarding Water Delivery Obliga tioas between th e City of Aurora
and the City of Englewood . STAFF SOURCE : S!ew~rt H. Fonda, Director of
Utilities .
b. Approval of Ordinances on Second Reading.
Council Bill No . 30, an emergency bill for an ordinance authoriz ing th e
issuance of General Obligation Refunding Bond s.
c. Resolutions and Motions .
Recommenda tion by the Utilities Department to adop t a resolutio n
establish ing fees for non-emerge ncy after-hours servi ce call s. STAFF SOURCE:
Stewart H. Fonda , Director of Utiliti es.
10. Public Hearing Items.
a. Publi c Hearing to gather input on th e City's propos ed Budget for 201 1.
11 . Ordinances , Reso lut ions and Motions
a. Approval of Ordinances on First Reading.
b. Approval of Ordinan ce s on Second Reading .
c. Resolut :~ns and M otio ns.
Reco mmendation by th e Fin ance and Adm inistrati ve Se rvi ces Departm ent and
th e City Cl erk's office to adopt a res olution approving a legal publicati on
process to all ow th e publication of Council bi ll s in th e City's legal newspaper
by titl e onl y. STAFF SOURCE: <rank Gryg\ewicz, Director of Finance and
Arlmini strative Services and loucris hia Elli s, City Clerk.
12 . General Discussi on.
a. Mayc,r's Choice .
Englewood City Council Agenda
September 20, 2010
Page 3
b. Council Members' Choice.
A reso luti on opp osi ng Prop osi tion 101 , Amendment 60, and Am en dment 61 at
the November 2, 20 10 statewi de General Electio n.
13. City Manager's Report.
14. City Att orney's Report .
a. Council Bill No. 32 -an Intergovernmental Agreemen t for a Water Common Interes t
Ag ree ment.
1 5. Adjourn me nt
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
September 20 , 201 0
PLEASE LIMIT YOUR PRESENTATION TO THRE E MINUTES
PLEASE PRINT
ADDRESS
&,ptember 20, 201)
TO: Englewood Ci'iy Council
FROM: Jacqueline F.dwards, Englewood Resident ~•
RE : Proposed placement of Medical OlDlUlbla Facilities
liiedical eannabla patimta and their auegiwn are not Soing to take your
ill-conceiYed notion that they are IIOlllllbaw lepss or 6Ub-human potta.11 that
need to be placed on tbe iDlllx-ible frinpB of our city. We are going to fight for
our Human and Oonstitutional Rightll to beelth care and treatment.
If it tabs a 'IJallot ~ even a special election on this tuple in this
city to walre )'OU and Slaff up, -wm do it, ewm if it ends up being at tbe aty's
eq,enae. You need tocomiderthe ~coat the atyfacee if it bas to fund
a special election and Inevitable clae«don and private laWBUlls bymuding
reaaonable and aafe 8CCll!l8 to a medical thenpy that Is lep) in this state, with
pt.tienta anrl their can,gmn protected by the Colorado OoMtitution.
Medical cannabis is not liquor. It's far safer than liquor. AbonUB for the
aty is thatyuu Qlll tu bodl produclB. At a time wben badpt culB have become
1118Ddatory, this ought to IDllttlr to you.
Now, with our Inclusive Cities participauon, it's obvious Staff and Council
Wllllt to 1111e this mdUBiYe opportunity to decide who or wbat they wish to Include
in this city. This ia demonBtnded by your proposed 2,000-to 2,500-foot
cJl,danc:ing requirementB fur medical cannabis facllities, tMm reaching beyond
Englewood'p, oorders into all nelgbboringjurisdictlons.
Your 1,ropoaed distancing requirements make it clear that the City
considera .JI 'medical Qlllnabls patients and~ caregM!1'8 to be IIUb-human
pothmds. Pl timrtB rec,mye le00IIIIDl!llda from medical doctors and otber
qualified a ',th pndilioners. Semde Bill 10-109 mabs it clear that the former,
questionable, patient-doctor relationship; will DO longer exist.
Your proposed distancing requirements avail only plaoes that are mostly
inaccellBlble or that aren't IM!ll fmsible;BUCh aa in grawl pits and recycling plants
along Onord or in the parb at Belleview and Windermere. Obviously, you
intend to all but ban medical aumabls facilities in Eug)ewood.
It's high time for~ to get off of their outdatl!d, outmoded, cloeed-
minded high h-and mrt becoming~ about what medical cannabis
patie'.:,ta rep-1, the dmtlftc-1 m.tical evidence that llllppOl'III the efficacy
of mt.dlcal eannabla ami;inpt tbme who need it, and let c:lti1Jllna decide where
these facllitilll are
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Harmonic Construction Services, Inc.
91 E, Dartmouth Avenue
Englewood, CO 80113
September 8, 2010
Mr. Darren Hollingsworth
Community Development Department
1000 Engle wood Parkway
Englewood , CO 80110
Dea r Darren :
Phon e: 303-991-0608
Fax: 303-991-0611
This letter will serve as notice of my resigna ti on effective im mediately
from the Al li ance for Commerce in Englewood board .
I have thorough ly enjoyed my association with ACE , its members and
City of Englewood officials who man age our great city .
Serving out my current term will be impossible as my father and sis te r
are both suffe ri ng from cance r and their ,,omes are in Te xas . Lately
my visits ha ve been more freq uent and often times withou t much
ad van ce notice.
My best wishes and conti nu ed succe ss t o all members of the ACE
Board.
Si nce rely,
Margaret McDermott
Cc : Ju lie Lonborg, Chairman
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From: Jennifer Quinlivan [mailto :jenn .guinlivan@singinghillsinc .coml
Sent: Monday, September 13, 2010 3:03 PM
To: Debby Severa
Subject: RE: Letter of Resignation
Dear City Council and fellow Cultural Arts Commission members ;
I am writing to resign my position as member of the Englewood Cultural Arts Commission .
As I became part of this Commission a few years back I was able to meet and learn about my
city 's government and great community benefits. I was able to serve as a founding member of
the Steering Committee for the Community Garden started ''l the Cultural Arts Commission. I
participated in the selectior Jf student art for the annual calendar and have attended events such
as the grand opening of the newly renovated Broken Tee GolfCoutse . All of this has meant so
much tome.
As my life has taken a few changes in the last year, it has lead me to pursue new adventures and
dreams into the Michigan area. I am very excited and yet sad to leave good friends and
colleagues that I have gained as being a commission member. I will forever be thankful of my
time as a commission member in what I have learned , how I have grown , and the fore ver friends
I have made .
In closiug I again want to say thanks and m r.ind you, as ,me of my Jear cc·mmission member
and friend did me over the last year ... "3e gentle with yourself."
I hope to keep you updated and if! ever am here again I hope to be part ofEngle'Nood 's great
community . Wish me luck!
Sincerely,
Jennifer Quinli van
• COUNCIL COMMUN ICATION
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Date: Agenda Item: Subject:
Septem ber 20, 20 10 9 a I Int erg ove rnm ental Agree m ent with th e City of
Aurora Re ga rd ing W ater Delivery Obligations
Initiated By: I Staff Source:
Utilities D epartment Stewart H. Fonda, D irec tor of Utili ties
COUNCIL GOAL AN D PREVIOUS COUNCIL ACTION
N on e.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at its Ju ly 7, 20 10 m eetin g, re com mended City Coun cil
approve an Intergove rnm ental Agreement b el\\ een lhe City of Englewood an d th e City of Au rora
regarding Wate r D eli very Obli ga ti ons .
• BA CKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In the 'Q/10 • th e ci ties ofThointon and Westmin ster appli ed in Wat er Court fo r ex tra water l o fi ll a
hi g , , ~ •, • •t of Standl ey Lak e. The extra dive rsi ons could ha ve potentially harm ed En glew ooct
bee," · . --✓.l d have caused call s fr o m down str ea m seni or rights on th e South Pl att e, and th os e
ca ll s ., .1d have shut down som e of Englewood's se ni or divers ions .
On O c tob er 10, 1990, a se ttl emen t ag reemen t wa s made whereby th e Citi es ofThornt on an d
Westmin ster wou ld deli ve r raw wa ter 10 Engl ew ood al on e or more of Eng lewood's points of
divers ion on th e Sou th Pl att e River. The w ater to be delive red varied d~pending on am ounts
dive rt ed 10 St and ley Lake. D eli veri es w ere 10 b e a minimum of 75 acre feet and a maximum of 375
ac re feel. D eliveri es a·,eraged 238 acre fee t per yea r and ca me from Thornton 's So uth Park wa l er
rights. Th e se ttl ement prov id ed mi ni mal water in drought yea rs an d maximum water in we t years .
W h ile 1t w as a very , alu abl e se tt l ment, th e lack of deli veries in d,ought yea rs reduce d th e valu e.
The deli vere d wa ter w as 10 be reusab le as consu mptive use water, ,vh,c h could b e ca ptu red and
reuse d to ex tin cti on.
In 1998 Th ornt on appli ed in Wat er Court 10 provide th e water in "el yea rs from a I 9~ft ri~ht at
Chatfield Reservo ir. Under th e appli cation, Englewood was requi red tc re-us e th e w ater in o rd er 10
perfec t rh orn ton 's applica ti on, w hi c h was not practi ca l. Englewood oppose d th e applica ti o n, low
key, fo r 11 years. During that tim e, Th ornt on did not adva nce th e iss ue In W al er Court. On
N ove mber 21, 2003 Aurora purchase d all of Th ornt rn's w at er righ ts origin all y dec ree d in Park
County. Th e applica tion was in cl ud ed in Aurora 's purchase of wa ter rights from Th ornt on.
As a resu lt of press ure on Aur ora fr om th e Water Cou rt to proceed, and Aurora's desire to kee p its •
co nsumptive us~ wa ter, an ag ree ment w as reached. The essence of th e agree ment is as foll ows.
Aurora will deliv•r 509 acre fee t of single us e water every ye ar, i n both drought and wet years . In
ex treme dro ught conditions, If Au rora runs ou t of single use water (which is ve ry unlikely), Aurora
ca n provide a lesse r amount c,f consumptive use water. In such drought cond itions, Engle wood ca n
ac tually re use th e co nsumptive use water. Th e water will be deli ve red between Jul y 1 and August
1 5, w hi ch will make it easy for Englewood to , ,II it to Cen tennial. This amounts to an addi tional
27 1 acre fee t p er yea r, plus the original 23tl acre-foot average has been rend ered reliable In a
drought yea r.
Th us th e agreement will provide wate·c in a fi :<P d ,nd predictabl e amount during dro ugh~
fortu na tely during th e dri es t su mmer months. Th.: water would be qui te use ful to Englewood if
there is a seve re drought like th e one ex peri enced 111 2002. Also, it would help Englewood meet its
quota fo r delivery to Centenn ial.
FI NANANC IAL IMPACT
Th e market price for th e 2 71 ac re fee t of addi ti ona l water is approximately $10,000 to $20,000 per
ac re foot fo r a total amount b etween $2 ,7 10,000 and $5,420,000. The tru e increase in va lu e is
mo re th an th at, si nce the 236 acre fee t prev iously received is m ade relia b le in drought years . Th e
additional deliveri es t o Ce ntennial shou ld enable the p ri ce of water sold to Cen tennial to ratch et up
in 20 13 .
Englewood ha s long retained Davi d Hill and hi s firm to represe nt Englewood and ens ure that
\,is torical pa tt erns ~f divers ions are pro tected, and that new div . •sions by oth ers are lawful and non -
inj uri ous. This fa vorabl e se ttl emant is a p roduct of that work.
UST OF ATTACHMENTS
Exce rpt fro m th e Water and Sewer Board M inutes of th e )ul y 7, 2010 Meeting
Bill for Ordin ance
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WATER AND SEWER BOARD
MINUTES
Jul y 7, 20 10
The meeting w· c~ll cd to ord er at 5:07 p.m.
Members present :
Members absent:
Also prese nt :
Bums, Clark, Hi gday , Cass id y, Wiggin s, Habenicht
Olso n, McC as lin, Woodward
Stewart Fon da, Dire ctor of Utilities
Bill McCom1ick , Operat ,~ Supt.
Excerpt f rom Pa11ts 4, 5 and 6 oft/re July 7, 1010 Wate r and Se••er Board Mi11 111e.1
5. GUEST: DA YID HILL -AGRE EME T WITH THE CITY OF AURv.1..'.
REGARDING WATER DELIVERY OB LIGATIO NS .
Mr . Hill appeared before th e Board to di sc uss the Intergovernmental Agreement Regarding Wat er
De li very Ob li gatio ns between the City or Engl ewood and the City or Aurorn.
Mr. Hill explained that in the I 980's, the cit ie s orThomt on and Westminster applied in Water Co urt for
extra water to fill a big enlargement of Standley Lake. The ex trn diversions co uld hav: potent iall y
harmed Englewood because it cou ld have ca use d ca ll s frOm down stream se ni or ri ghts on the So ulh Pl atte ,
and tho se ca ll s would ha ve shut down so me of Englewood's se ni or diversions .
On October I 0, 1990 , n se ttlement agreement was made whereby the City of Thornton and We stminster
would deliver raw water to Eng lewood at one or more of Englewood's points of diversion on the S. Platte
River . The water to be delivered varied dependin g on amounts diverted to Standle y Lake . Deliverie s
were to be a minimum of75 acre fee t and a max imum of 375 acre fee t. Deliverie s averaged 238 ncre fee t
per yea r and en ,e fr om Thornt on's South Park water rights . The se ttlement provided minimal water in
drou ght yenrs and maximum wa ter in wet yea rs. While it was a very valu ab le settlement , the la ck of
deliverie s in drought years reduced the va lue.
The delivered water was to be reusable ns consumptive use wa ter, whi ch cou ld be captured nnd reu se d 10
ex tin cti on.
In 1998 Th ornton app li ed in Water Court to provide the wn1er in wet years from a 1998 right at hatfield
Rese rvoir . Under th e app li cation, Englewood wa required to rC•USt! th e water in orde r to perfec t
Thon1ton's application , which was not practical. Engiewood opposed 1he app li cati on, low key, for 11
years . During that tim e, Thornton did not advnnce th e issue in Water curt . n Novem ber 21 , 2003
Aurora purchased nil ofll1omton 's water right s or igi nall y decree a in Pork aunt y. The application was
included in Aurora 's purchase of water righ ts from Thomton.
As a res ult of pressure on Aurora fro m th e Water Cou rt to proceed , an d Aurora 's desire to keep its
co nsumptive use water, an agreeme nt was reac hed. The es sence of the agree men t is as fo ll ows .
Aurora will de liver 509 ac re fee t of sin gle use wa ter every year, in bot h drought and wet years . In
extrem e dro ugh t co nditi ons, if Aurora ru ns out of single use water (whi ch is very unli ke ly), Aurora can
prov id e a lesse r amount of co nsumptive use water. In such drought cond iti ons, Englewood ca n actu ally
reuse th e co nsump tive use wa ter. The water will be deli ve red be tween Ju ly I and August 15, whi ch will
make it easy for Englewood 10 sell it to Cente nni al. Thi s amo unts to an ad ditio nal 27 1 acre fee t per year,
plu s th e ori ginal 238 acre-foo t av era ge ha s bee n rend ered reliabl e in a drought yea r.
The agree ment will prov ide water in a fi xed and predic tabl e am ount during dro ught, fo rtun ate ly durin g
th e drie st summ er month s. Th e wate r wo uld be quite use ful 10 Englewood if th ere is a seve re dro ught
li ke the one experienced in 2002 . Also, it wo uld help Englewood meet its quota fo r delivery to
Ce nte nn ia l.
T',e ma rket pri ce fo r th e 27 1 ac re fee t of additi onal water is approx iJr,ately $10,000 to $2 0,000 per ac re
foot fo r a tota l amount be tween $2 ,7 10,00 0 and $5 ,420,00Q . Th e tru e increase in va lu e is more than that,
sin ce th e 23 8 ac re fe et prev iously rece ived is made reliabl e in drought years. The addi tional deli verie s to
Ce ntenni al should enabl e th e pri ce of water so ld to Ce ntenni al to rat chet up in 201 3.
Mr. Ha be nic ht move d;
Mr. Bum s second ed:
Ayes:
Nays:
Me mbers absent:
Motio n ca rri ed.
To recomm end Co un cil app rova l of th e Int ergov ernm enta l
Agreeme nt Regarding Water Delivery Obli ga ti ons betwee n
the City of Englewood and th e City of Aurora.
Bu ms, Clark, Higday, Cass id y, Wiggins, Habe ni cht , Woodward
None
Olso n, McCaslin
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ORDIN r CE NO .
SERIES OF 20 10
BY AUTHORITY
COUNCIL BILL NO . 31
INT RODUC ED BY COU 1ClL
ME MBER ____ _
A BILL FOR
AN ORDlNANC E APPROVlNG AN "INTE RGOYERNMENT AL AGREE MENT
REGARDING WATER DELIVERY OBLIGATI ONS " BETWEE N THE c rrY OF AURORA
AND THE CITY OF ENG LEWOO D, CO LORADO.
WHEREAS , in th e 198 0's the citi es of Thornt on and Westmin ster appli ed in Water Coun fo r
ex tra water to fill an enl argement of St andl ey Lake; and
WHEREAS , the extra di versions would hav e harmed Englewood's down strea m sen io r ri ght s
on the South Pl ane ; and
WHER.EAS , in 1990 a settlement agree ment was ent ered into whereby th e Citie s ofTh o:-nt on
and Westminster would deli ver raw water from Th ornt on's South Park water ri ght s to
Englewood at one or more of Englewoo d's point s of diver ion on the South Platte Ri ver ; the
water deli vered varied dep endin g on amount s divert ed to St andl ey Lake, avcrn gi ng 238 ac re feet
per year; and
\VI-IERE AS, the 1990 se ttl eme nt provi ded minim al water in dro ught years and nmxi mum
water in wet yea rs, and
WH ERE AS , in 1998 Th ornt on :.ppli ed in Water Coun to pro vide the wat er, in wet years. :;om
a 1998 ri ght at Chatfie ld Reservoir whi ch required Englewood to re-use th e wat er whi ch wa s not
practi cal; and
WH EREAS , in 20 03 Aurora purcha sed all of Thornt on's wa ter ri ght s ori gin all y decreed in
Park Co unt y, inclu di ng the rights und er !he 1990 Thornt on se ttl eme nt ; and
WH ERE AS, an agree ment is now proposed thot will provid e wnt cr in a fi xed a.
mnoun1 durin g th e dri es t summ er months which wou ld be use ful to Englewoo d in i,.
3everc dro ught and hel p Englewood meet its quota for deli very to Centenni al: and
:tabl e
.n: of
WHEREAS , !he passage of thi s pro pos ed Ordin ance wi ll au thori ze En glewood to ent er th e
"lnt crgo ve mm cntal Agreem ent Rega rd in g \\later Deli very bli gn ti ons;"
OW, THEREFORE , BE IT ORDAINE D BY THE CITY COUNCIL OF TH E CITY OF
ENG LE WOO D, COLORADO, AS FOL LOWS:
Sec tio n I. The lnt crgov emm cnta l Agreemen t entit led "Intergovernm ent al Agree men t
Regardin g Wnter Deli very Obli gatio ns" is hereby acce pted and approved by th e Englewoo d City
Co unci l and is auached here!o as "Exhibi t A" .
1
Section 2. David Hill of Berg Hill Greenleaf & Rusci ti is auth orized to sign said Agreement
for and on behalf of th e City of Englewood.
Introduced , rend in full, and pa ssed on first reading on th e 20 th d. · of September, 20 I 0.
Publi sh ed as a Bill fo r an Ordinance in the City's official newspaper on the 24 th day of
September, 20 IO.
Publi shed as a Bill fo r an Ordinance on the City's officia l website beginning on the 22"" da y of
September, 2010 for thirty (30) days.
James K. Woodward , Mayor
ATTEST:
Loucrishia A. Ellis, Cit y Clerk
I, Loucri shi a A. Ellis, Ci ty Clerk of the City of Englewood , Co lora do, hereby ce rt ify th at th e
above and [oregoing is a true copy of a Bill for an Ordinan ce, introduced, rend in full , and pas sed on
fir st rending on the 20m day or September, 20 10.
Loucris hi a A. Elli s
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INTERGOVERNMENTAL AGREEMENT REGARDING
WATER DELIVERY OBLIGATIONS
Th is Int ergove rnme nt al Ag reem ent (''IGA") is made an d entere d int o thi s _ day of
----~ 2010, by and be twee n the Cit y of Englewood, Co lorado, a muni cip al cor:-o ra1i on of
the Co unty of Ara pahoe, wh ose address is 1000 Eng lewoo d Parkway, Englewood , CO ~0 11 0
("E nglewood"), an d th e Cit y of Aurora, Co lorado a muni cip al co rporati on of th e co unti es o f
Ad ams, Arapah oe and Douglas , ac tin g by and th ro ugh it s Utilit y Enterpri se, {"A urora"), whose
address is 15151 E. Alameda Parkway Suit e 360 0, Aurora , CO 800 12. Toge th er th ese two
entit,es shall be refe rred to herein as th e '·Pani es.''
RECITALS
On October I 0, 199 0, Englewood entered int o an agreement with th e City of Th ornt on
("Th ornt on") ar.d th e City of West min ster ("We sunin ster") in sett lem ent of ce n ain liti ga tion th en
pendin g in th e Co lorad 0 Water oun (th e "Se ttl ement Agree ment "). Th e liti ga ti on inv olv ed
Cases umb ered 86C W39 7, 88CW267 , 89C Wl 29 and 89C Wl 32 , Di stri ct Co un , Water
Di vision On e.
Th e Se ulem ent Ag reem ent obli ga ted Th ornt on, and under cenain circum stan ces We stmin ster, to
pro vid e ra w water 10 Englewoo d al one or more of Englewood's point s of di ve rsion on th e milh
Pl atte Rive r. As sec urity fo r th e pcrfo nn ance of the se obli gat ions, Englewoo d acq uired a profit a
prendre fr om Th ornt on binding thre e wat er ri ght prioritie s then owne d by Th ornton that
hi stori ca ll y were assoc iated with th e McDowe ll Ranch in Park Co unty .
On Nove mber 2 1, 2003 , Auro ra purcha sed fr om Th ornton all of Th orn ton's wate r ri ghts
ori gin all y dec re ed in Par k Co unty. In co nn ec ti on with thi s purc hase, Aurora agreed 10 ass um e
th e ob li ga ti on und er th e Se 11l emen1 Agree ment to deli ve r wat er 10 Engle woo d.
On Dece mb er 31, 1998, Th ornt on initi ated a con diti onal appropri ati on of wa ler int end ed to meet
a po11i on of th e water deli ve ry obl iga ti ons 10 Engl ewood und er th e Sc ul e·, en l Agreeme nt. The
199 8 appropri ati on was inc lu ded in Aurora 's purchase of water ri ght s fr om Thornt on, and th e
appli cm ion to 1j urlicate thi s ap pro pri atio n in th e Wa ter Co un fo r Div ision I, in ase No .
98C W45 8 w· .<sir.1ssed by Aurora on Ap ril 2 1. 20 10.
Th e Pan ics see k 10 simplify th e ex ist in g ohli ga 1i on s und er th e Se ul emenl Ag ree ment in a man ner
th at is nn .. ·•ll y be nefi ci al
AGREEMENT
NOW THEREFORE, in considera ti on of th e mutual promi ses and cove nan ts co nt ain ed herei n
and other good an d va lu ab le considera tio n, th e ade qu acy and suffi ciency of wh ich is hereby
acknow ledged , th e Part ies agree as fo ll ows:
I. Purpose: The purpose of thi s !GA is to define new obli gations, di rect ly betwee n Aurora
and Englewood, whi ch will supcrcede and rep lace Lie wa ter del ivery ob li ga ti ons created by th e
Se nl ement Agreement. Th is !GA cons titutes Engle wood"s co nse nt 10 th e ass igmn en l of th e
Settl ement Agr ee ment reques ted by Tho rnt on on or abo ut Apri l, 2003 , as we ll as an amendmen t
of th e Sen lemcnt t .,1,ee ment with respec t to water delivery obligatio ns. Except fo r \hose
provi sions of th e Settlement Ag,·ee menl whi ch require or desc ribe th e de li very of wa ter to
Englewood , the ob li ga ti ons of the Settlem ent Agreement shall surv ive thi s amendment.
2. Vo lum e: Aurora agrees to deliver to Englewood or Englewood's lessee five hundred and
nine (509) ac re fee t per year of "sin gle use v,ale r," whi ch shall meau water th at canno t be
rec ap tured or rec!aimed fo r reu se or successive use afte r th e initial use of the water. However, in
a year in whi ch /1.urora ha s ins uffi cient sin gle use water ava il able , it ma y deli ve r three hundred
thi rty nin e (139) ac re feet of "fully cons um ab le water," whi ch shall mean water that may
lawfu ll y be recaptured or rec laimed for reuse or success ive uses until full y con sum ed. Further ,
Aurora may delive r a combination of sin gle use and full y cons um abl e water , in wh ich eve nt th e
total vo lume of Aurora's ob li ga ti on will be ca lcul ated by de1e m1 in in g what percentage of
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Aurora's tota l de li very will be co mpri sed of sin gle use water an d what percentage will be •
comprised of fu ll y consu mab le water and multipl yin g th e max imum vo lum es set fo rth above fo r
eac h type of wa ter by the respec ti ve percentage. To th e ex tent Aurora de li vers full y co nsum able
wntcr, Englewoo d or it s dc signc e shall hav e the ri ght 10 recepturc and reuse any return nows
res ultin g fr om the initi al or an y sub se quent use of such wnter. The water deli vered by Aurora
may be der ived from any water rig ht it owns or co nt ro ls at the tim e of suc h de li very , provided
th at th e water mee ts th e lega l requir ement s se t fo rth herein .
3. Ti min g and Rate of Delivcr v: Aurora's delivery of water pursuant to thi s IGA .v iii beg in
Jul y I of eac h year, and wi ll be comp leted by Aug ust 15 of tha : year. Th e rate of deli very will
be 6 cfs except th at, in any ye ar th e dail y delivery rate may be in creased by mutu al agree ment of
th e Parties. whi ch "~II be binding only for the rema in der of that ye ar . If nei th er Eng lewood no r
its de signce is ab le 10 take deli ve ry of th e wa ter durin g all or a po rti on of th e tim e Aurora is
seek in g to deli ver it , Aurora 's ob li ga ti on wi ll neve rtheless be reduced at the rate of6 cfs, or th e
alterna te rate ag reed upon fo r th at year. Englewood shall give Aurora twent y fo ur hours advance
noti ce if it is unab le to begin , or to co ntinu e, tak in g such delive rie s. Us in g the nntice provi sion
se t forth be low, th e Part ies ma y designate and rev ise email add resses fo r th e co mmuni ca ti ons
regardi ng de li ve ri es co nt empl ated by thi s para gra ph .
4. Loca ti on of Deli very: Aurora will deli ve r th e wa ter req uired by th is !GA at th e High
Line Cana l hcadgate , or at Chatfield Reservoir. lfnot diverted at th e Hi gh Line Ca nal headga te,
Englewoo d or it s desig nee ma y divert th e wa ter th ro ugh any of the dit ches served by th e
hat field Re servoir Dit ch Out let Man ifo ld , or may in struct th e Water Co mmi ss ioner to re lease
th e wa ter thro rgh the hat fie ld Re servo ir river outlet fo r di ve rsio n at such down stream poi nt as •
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may be selected by Englewood. It shall be the obligation of Englewood or its designee to obtai:i
the right to use the diversion and carriage structures through which the water is actually di ver ted.
Deliveries shall be measured at the High Line Canal headgate if div erted at that location ,
otherwi se deliveries will be measured at the exi t flume or flume s serving th e City Dit cl.. the
Nevada Ditch or the Last Chance Ditch , to the exte nt Eng lewood elect s to divert the water
through tho se structures, or at such downstream point of diversion as Englewood or its designee
may employ. Englewood or its designee shall be re sponsib le fo r transit losses , if any , as sessed
on such water if th e delivery point is below the Chatfield Reservoir Ditch out let manifolds
desc ribed above.
5. Use and Storage: All water delivered by Aurora must be decreed to allow municipal uses
and storage.
6. Profit a Prendre . Aurora acquired the three McDowell Ranch priorities referen ced above
subject to th e profit a prendre previously granted in favor of Englewood. Said profit a prendre is
not affected by the execution of thi s !G A.
7. General Provisions .
a. This writing cons titut es the entire !GA between the Parti es and su perse de s all
prior written or oral agreements , negotiation s, repre se ntation s, and understandin gs of the
Partie s with re spect to th e subject matter contained herein . However, thi s !GA doe s not
modify or supersede any other previously executed agreement between these Parties,
relating to matte rs other than those desc ribed herein .
b. This !GA may be amended , modified , changed , or termin ated in whole or in part
on ly by writt en agreement dul y au thori zed and executed by the Parties hereto.
c. The Parties agree that this !GA may be enforced in law or in equi ty fo r specific
perfomrnnce, injunctive , or othe r approp ri ate reli ef, including damages , as may be
ava ilab le accordir,6 to th e laws of the State of Colorado. It is specifical ly und erstood
th at, by exec uting thi s !GA , each party commits itself to perfo rm pursuant to the term s
hereof, and that any breach hereof resulting in any recove rab le damages shall not thereby
cause th e termin ation of any obliga ti ons created by thi s IGA unless such term inatio n is
req ue~ted by th e party not in breach hereof.
d. Venu e for th e trial of any actio n arising out r,f any di spute hereunder al l be in
the Arapahoe Cou nty Dis tri ct Court.
e. Thi s !GA is intended to describe the ri ghts and re spon sibil iti es of and between th e
named Pru ties and is not intended to, and shall not be de emed to co nfer rig hts upon an y
persons or entities not nam ed as parties , nor to limit in any way the powers and
respon sibiliti es of Aurora, Englewood or any other entity not a party hereto.
f. If any portion of th is IGA is held invalid or unenforceable for any reason by a
co urt of competent jurisdiction as to eitl1er party or as to both Parti ~s . the remaining
ponions of thi s IGA will remain va lid and binding on th e Pani cs. Funher, the Pani es
will imm ed iately ent er into negotiation s to re store as near ly as possib le any ponion of
thi s IG A held to be invalid or unenforceab le.
g. eith er Aurora nor Eng lewood may assig n it s ri ght s or delega te it s duti es
hereund er without th e prior \\Tit1en co nsent of th e other pany.
h. This !GA and the ri gh ts and obligation s crea ted hereby sh~:! be binding upon and
inure to the be nefi t of th e Panic s hereto and their res pecti ve succe sso rs and assigns if any
are all owed .
i. Waive r of breach of any of the provisions of this IG A by either pany shall not
co nstitut e a co ntinuin g waiver of any subseq uent breac h by sa id pany of either th e same
or an y other pro vision of thi s !GA.
j. This JOA ma ; be simul taneo usly execu ted in any number of co unt,:•;,ans, eac h
one of which shall be deemed an orig in al, but all of which co nstit ull' one and the sa me
!GA.
k. Hea din gs and title s co ntain ed hcre 11, ~re intend ed for the rr.n,-,,1;,.,.1.,e and
refe ren ce of the Pani cs onl y and are not intended to confine , limit. 0r de.;cri be th e scope
of intent of an y pro vision of thi s JO A.
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I. Unle ss otherwi se stated he rein , any noti ces, demands , or other co mmunic ati ons •
requ ired or des ired to be give n und er any provi sion of thi s JOA shall be given in \\Tilin g,
to be deli vered personall y, or sent by cenified or reg istered mail , return rece ipt reques ted
pos ta ge prepaid , to th e fo ll owin g:
To Aurora: Direc tor of Utili1i es
Cit y of A"ro ra
1515 I East Alamed a Parkwa y, Suit e 3600
Aurora , Co lorado 800 12
With copy to:
Aus tin Hamre, Es q.
Duncan, Ostrande r & Din ge ss , P.
3600 S. Yose mite Stree t, Sui te 500
Denve r, olorado 80237
To Englewood : Director of Utilitie s
City of Eaglewood
I 00 ' .,1g1ewood Parkway
Engle wood , CO 80 11 0
With copy to:
Da vid G. Hill , Esq.
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Berg Hill Greenleaf & Ruscitti LLP
1712 Pearl St
Boulder, CO 80302
or as to such other addresSI'~ as either party may hereafter from time to time designate by
written notice to the other party in accordance with this paragraph. Notice shall be
effective upon receipt.
m. If any date for any action under this !GA falls on a Saturday, Sunday or a day that
is a "holiday" as such term is defined in Rule 6 of the Colorado Rules of Civil ProceJ ure,
then the relevant date shall be extended automatically until the next business day.
n. This !GA and its application shall be construed in accordance with th e laws of the
State of Colorado .
o. To the fullest extent permitted by law, the Parties hereto waive the -r i;,it to a trial
by jury in any action brought under or in any way related to this !GA.
p. In the event of any litigation, mediation, arbitration or other disput~ ,,,~olutinn
process arising oui of or related to this !GA each party agrees to be respons;bl.1 fer its
own attorneys' and other professional fees , costs and expenses associated with 11:,y such
proceedings .
q. The Parties agree they drafted this IGA jointly with each having the advice of
legal counsel and an equal opportunity to contribute to its content . Con.~equently, the rule
of construction to the effect that ambiguities rue to be construed against the drafter shall
be ir..:pplicable in the event of any dispute as to the meaning of provisions herein.
r. The c ll ligations of Aurora und.er this !GA are the sole obligations of the City of
. ~urora actin" by and through its Utility Enterprise and, as such, shall not con~titute a
general obligation or other indebtedness 1Jfthe City of Aurora or a multipl e ' year
direct or indirect deb t or other financial obligation whatsoever of the City o,
within the meaning of any constitutional, statutory, or charter limitation . In th, • ,ent of
default by Aurora or failure to meet any of its obligations under the terms of this !GA,
En g ewood shall have no recourse against any of the revenues of the City of A1:rora
except for the net revenues of the water utility system avaibble therefore in the ~ity of
Aurora Utility Enterprise •~ater fund, or any successor enterprise fund, remaining after
payment of all expenses relating to the operation &lld mainttnance and periodic payments
on bonds, loans and other obli gations of the City acting by and through it Utility
Enterprise . Notwithstanding anything herein to the contrary, nothing in this !GA shall be
construed as creating a lien against any revenues of the Utility Enterprise or the City .
s. Subject to the terms and conditions in this paragraph, no party to this !GA shall be
liable for any delay or failure to perform under this IGA due solely to conditibns or
events of Poree Majeure, specifically : a) acts of God , b) sudden actions oftbe elements
such as floods, earthquakes, hurricanes, or tornadoes , c) sabotage, d) vandalism beyond
that which can be reason ab ly pre vented, e) terrorism, f) war, and g) riots; provided that,
A) the non performing party gives the other party prompt written notice describing the
particulars of the occurrence of the Force Majeure ; B) the suspensio n of performance is
of no greater scope and of no longer duration than is requir ed by the Force Majeure event
or con dition ; and C) the non-performing party proceeds with reasonable diligence to
remedy its inability to perform and provides weekly progress reports to the other party
describing the actions taken to remedy the consequences of the Force Majeure event or
condition . In th e eve nt of a change in municipal (or other local govemmental entity),
state or federal law or practice that prohibits or delays performance , the obligatio11 to see k
a remedy shall extend to making reasonab,e efforts to reform the !GA in a manner
consistent with the change that provides the Parties substantially the same benefits as this
!GA; pro vided , howe ve r, that no such reformation shall increase the obligations of any of
the Panics . In no event will any delay or failure of performance caused by any
conditions or events of Force Majeure extend thi s !GA beyond its stated term . In the
event any delay or foilure of perfonnance on the part of the party claiming Force Majeure
continues for an uninterrupted period of more than three hundred sixty-five (365) days
from its occurrence or inception as noticed pursuant to this IGA , the Parties not claiming
Force Majeure may, at any time following •.he end of such one year period , terminate this
IGA upon written notice to the party claming Force Majeure , without further obligation
by any of the Parties .
IN "V ITNESS WHEREOI , th e undersigned Parti es ha ve caused thi s !GA to be executed the day
and year first written a.hove .
En&1cwood-Aurora IGA S-6-10
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CITY OF AURORA, COLORADO ,
ACTING BY AND THROUGH ITS
ILITY ENTER.PRISE
Edward J. Tauer, Mayor
ATTEST
Debra A. Johnson, City Clerk
APPROVED AS TO FORM FOR AURORA :
Acting by and through its Utility Enterprise
Christine A. McKenney
Assistant City Attorney
Austin Hamre
Special Counsel
STATE OF COLORADO
COUNTY OF ARAPAHOE
ss
Date
Date
Date
Date
Th e foregoing in strument was acknowledge d before me t!d s __ day of ____ ,
2010 , by Edwa rd J. Tauer as Mayor, and attested to by Debra A. Jo hn so n, as City Cle rk , acting
on be hal fof the Utility Enterprise of the City of Aurora , Co lorado .
Witness my hand and officia l seal. __________ _
Notary Publi c
My co mmi ss ion expires: _______ _
SEAL
C:'!:'! tW ENGLEWOOD •
Jame s K. Woodward , Mayor Date
ATTEST:
L.o ucrishia A. Ellis , City Clerk Date
APP l ' J\,• P. A.S TO FORM FOR ENGLEWOOD :
David G. Hill
Special Counsel to tl1e City of Engl ewood
Date •
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ORDINANCE NO.
SE RIES OF 20 10
BY AUTHORITY
COUNC IL BILL NO . 30
fNTRODUCE D BY COUNC IL
MEMBER JEFFERSON
A ORDfNA CE OF 1HE CITY OF E GLEWOO D AUT HOR IZTNG THE
ISSUANCE OF GENERAL OBLIGA'-., J REFUNDfNG BO DS , SERIES
2010, TO REFUND THE !TY'S OUTSTAN DI NG GEN ERAL OBLI GATIO
llO DS AT A LOWER fNTEREST RATE; PROVIDfNG THE FORM OF THE
BONDS AN D OTH ER DETAILS IN CONNECT IO THEREW ITH;
APPROVING DO UMENTS RELATING TO THE BONDS AN D
DECLARING A EMERGE CY .
WITNESSETH :
WHEREAS , the City of Englewood, Co lorado is a municipal corpora ti on duly organized
and operatin g as a home rule city under Aiticle XX of the Constitution of the State of Co lorado
and the Chart er of the City (unless otherwh:e indicated , capi tali zed tenns used in thi s preamble
shall have th e meanin gs se t forth in Sec ti on I of th is Ordi nance); and
WHER EAS, pursuant to Sec ti on I 06 of the Charter, the Ci ty may iss ue refunding bond s
by ord in ance , wi thout an electi on, for the purpose of payi ng outs tandin g bonds of th e Cit y; and
WHEREA S, pursuant to Art icle X, Seuion 20 of th e State Co nstituti on (TABOR)
refinancing bonded deb t at low er in terest rates doe s not req uire voter approva l in advance un der
th e terms and provi sions of l'ABOR; and
WHEREAS , the City previo usly :s ued it s "Cit y of Englew ood , Co lorado, Genera l
Ob li gati on Bond s. Series 200 1" of whi ch $4 ,000 ,000 in aggrega te principal amount ma ture on
and after December l , 2012, arc currentl y ou tstand ing and bear interes t at ra tes be tween 4.60%
and 5. IC'% per annu m (the "Refunded Se rie s 200 1 Bond s"); and
WHEREAS, th e Refunded Serie s 20(11 Bond s arc ,,ubject to redempti on prior to maturit y
and the ortion of the City, in whole or in part , on Dec,•:nber l , 201 1 upon pa}1nent of par plus
acc rued interest to th e redemption da te, wi th out redemp ti on premium ; and
WHEREA S, the prin cipal o f and intere st on the Refunded S~d~s ~00 1 Bond s arc payable
at UMB Bank , n.u. (as successo r in int eres t to Ameri can Na ti ona l Bank and The Bank of Cherry
reek , .A.), in Denver , Co lorudo , or it s successo r, as paying age nt ; a,,.I
WHEREAS , the Cit y prev iously iss ued it s "C ity o f Englewood , Co lorado, Ge nera l
Obligati on Bond s, Series 2002" of which SS,630 , 00 in aggrega te principa l amount mature on
and afte r December I, 2012 , arc currently outst andin g and bear interest at rate s between 3.65 %
and 4.75% per annu m (the "Refu nd ed Serie s 2002 Bonds"); and
-1 818-3646-6951 2
9 bi
WHEREAS, the Refunded Series 2002 Bonds maturing on and after December I, 2013
are subject to redemption prior to maturity and the option of the City, in whole or in part, on
December I, 2012 upon payment of par plus accrued interest to the redemption date, without
redemption premium; and
WHEREAS, the principal of and interest on the Refunded Series 2002 Bonds are payable
at lJMB Bank, n.a. (as successor in interest to American National Bank and The Bank of Cherry
Creek, A Division of Western National Bank), in Denver, Colorado, or its successor, as paying
agent; and
WHEREAS, the Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado, has
presented a proposal to the City to advance refund the Refunded Series 2001 Bonds and the
Refunded Series 2002 Bonds through the issuance of the City's General Obligation Refunding
Bonds, Series 2010, and the Council has determined that the negotiated sale of the Bonds to said
company is to the best advantage of the City; and
WHEREAS, net proceeds derived from the s:ile of the Bonds, together with other legally
available funds of the City if nccessarv ,·ill be irrevocably deposited with the Bank and placed
into a special fund and trust account for the purpose only of paying the principaf of and interest
due and payable on the Refunded Bonds on and prior to the Call Date; and
WHEREAS, the City has received and there are available to the members of the Council,
forms of the Preliminary Official Statement, the Bond Purchase Agreement, the Escrow
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Agreement and the Paying Agent Agreement ; and •
WHEREAS, the Council desires to authorize the issuance and sale of the Bonds and , as
provided in Title 11, Article 57 , Part 2, Colorado Revised Statutes , del egate authority to the Sale
Delegate to make certain determinations regarding the Bonds to be set forth in the Sale
Certificate in accordance with the provisions of this Ordinance .
NOW , THEREFORE, BE IT ORDAINED BY THE Cl1Y COUNCIL OF THE Cl1Y
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. Deflnltlons. The following terms shall have the following meanings as used
in this Ordinance :
"Act" means Part 2 of Article 57 of Title 11 , Colorado Revised Statutes, or any successor
statutes thereto.
"Ballot Issue Authorization" means the bond ballot issue approved by a majority of the
City's electors at the election hr!d November 6, 2001, and pursuant to which , in addition to other
bond issues, the Refunded Bo!!ds were issued.
"Ban}(' means UMB Bank, n.a., a national banking association duly organized and
existing under the laws of the United States of America which has full and complete trust powers
and is a qualified institution under the Public Deposit Protection Act of the State .
4818,3646-6951.2 2
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• "Bond Acco,mt'' means the account established by the provisions hereof to account for
the moneys for which a separate tax levy is made , or legally available moneys are applied, to
satisfy the obligations of the Bonds . The Bond Account shall be a subsidiary account of the
appropriate fund or account of the City and se parately accounted for by the City in accordance
with tr.e provisions hereof.
"Bond Co unser· means (a) as of the date of issuance of the Bonds, Kutak Rock LLP , and
(b) as of any other date , Kutak Rock LLP or such other attorneys selected by the City with
nationally recognized expertise in the iss uance of muni cipal bond s.
"Bond Insuran ce Poli cy" meam the municipal bond insurance policy issued by the Bond
Insurer, if any, insuring the payment when due of the principal of and interest on the Bonds as
provi ded therein .
"Bond Insurer" means entity, if any, desi gnated in the Sale Certificate which is to issue
the Bond lnsurance Policy .
"Bo nd Ob/igarion" means, as of any date, the principal amount of the Bonds Outstanding
as of such date .
"Bo nd Purchase Agreemem" mean s the Bond Purchase Agreement, pursu ant to which the
City is to agree to sell and the Underwriter is to agree to purch11Se the Bonds at the prices and on
the terms set forth therein.
• "Bonds" and ",0 "r ies 20/0 Bonds" mean s the Bond s authorized by the Secti on hereof
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titled "Authori zatio n and Purpose of Bond s."
"B usiness Day" means any da y other than (a) a Saturday or Sunday or (b) a day on which
banking institutions in the State are authorized or obligated by law or executive order to be
closed for bu siness.
"Charter" mean s the home rule Charter of the City.
"Call Date" means the date or dates on which the Refunded Bonds shall be called for
optional prior redemption as established in the Sale Certificate .
"City" mean s the Cit y of Englewood, Co lorado , and any successor thereto.
"Code" mean s the Internal Rev enue Code of 19 86, as amended. Each reference to a
section of the Co de herein shall be deemed to include the l.1nited States Treasury Regulations
proposed or in effec t th ereund er and ap pli cab le to the Bonds or the use of proceed s thereof,
unless the co ntext clearly requires otherwise .
"Commitmelll" means th at certain offer, if any, to issue the Bond In surance Poli cy issued
by the Bond In surer .
"Cormcir' means the City Council of the City .
481R -l646-695 1.2
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"County' means Arapahoe County, Colorado.
"Doted Date" means the original dated date for the Bonds as established in the Sale
Certificate .
"Defeasance Securities" means bills, certificates of indebti:.mess , notes, bonds or similar
securities wtich are direct, non callable obligations of the Uni tel States of America or which are
fully and unconditionally guaranteed as to the timely paymeo.t of principa, •nd interest by the
United State-; of America , to the extent sucl! invcsbnents are Pamitted lnvesbnentS.
"DTC' means The Depository Trust Compwiy, N~-w York, New York, wid its successors
in interest wtd assigns .
"DTC Blanket Leiter of Representations" mewis the Jetter of representations from the
City I<> DTC to induce DTC to act as securities depository for the Bonds.
·'&c,~w Accounf' means, in connection with the Bonds, the account established wid
designated as such in the sectiQn hereof entitled "Escrow Account; Paymtnt of Refunded Bonds"
to be maintained by the Bank in accordwtce with the Escrow Agreement wid the provisions
hereof.
"Escrow Agreemenf' means the Escrow Agreement dated as of the Dated Date, between
the City and the Bank.
"F,vent of Defaulf' means any of the events specified in the Section hereof titled "Events •
of Default."
"Interest Payment Date" means each June I and December I, commencing December I ,
20 I 0, or such other dates as established in the Sale Certificate for payment of interest on the
Bonds.
"Official Stat emenf' mewis the final Official Statement relating to the Bonds .
"Ordinanc e" means this Ordinwicc, including any amendments or supplements hereto .
"Outstanding" means, as of wiy date, all Bonds issued wid delivered by the City, except
the following:
(a) wiy Bond cancelled by the City or the Paying Agent, or otherwise on the
City's behalf, at or before such date;
(b) any Bond held by or on behalf of the City;
(c) wiy Bond for the payment or the redemption of which moneys or
Defeasance Securities sufficient to meet all of the payment requirements of the principal
of, premium, if wiy, and interest on such Bond to the date of maturity or prior redemption
thereof, shall have theretofore been deposited in trust for such purpose in accordance with •
the Section hereof titled "Defeasance"; and
◄118--951.2 4
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(d) any lo st, apparentl y destroyed , or wrongfull y tak en Bond in Ee u of or in
substitution for which an other bond or other sec urity shall have been executed and
delivered .
"Owner" means the Person or Persons in whose nam e or names a Bond is registered on
the registration books maintained by the Paying Agent pursuan t hereto.
;'P aying Agent " means the Bank and its success ors in int erest or ass igns appro ved by th e
City.
"Paying Age/II Agree me111" means an agreement between th e City and th e Paying Age nt
concerning the duties and obli gations of th e Payi ng Agent with re spect to the Bonds .
"Pe rm iued !11vestm c111s" mean s an y in vestment in which funds of the City may be
invested under the Charter and the la ·s of th e State at th e time of such in vestment.
"Per so11" means a corporation , firm, other body corporate , partnership , associ ation or
individual and also includes an executor , admini strator, trustee , receiver or other representative
appointed accordi ng to law.
'Pre/imi11a ry Offi f Statemen1" mean s the Preliminary Offi cial St atement prepared in
connection with the sale and issuan ce of the Bond s.
"Pri11 cipal Paymelll Date" mean s December I , or uch other date or dat es of each year as
established in the Sale Cenificate for payment of principal of th e Bo nd s.
"R ecord Dat e" mean s, if the Interest Payment ,1 ate is on th•~ first day of th e month , the
fifteenth day of tl1e month immediately pre ced in g th< month (wh ethe r or not such da y is a
Busin es s Day) in which such Int eres t Payment Date 'lCc urs and , if the lr•erest Payment Date is
on th e fifteen th day of ·.he month , the fir st day of th,, month (w hether or not such day is a
Busine ss Day) in which rn ch Interes t Payment Date occn rs .
"Ref unded Bond Req uirements" means the prhcipal and int erest due in connectio n with
the Refunded Series 200 I Bonds and the Refu nded Series 2002 Bond s until paid and cance ll ed in
ac co rdanc e with their tenn s or call ed for red emption , paid and cm1ce ll ed on the C~ll Date .
"Rejimded Bo11 d Ordi11a11ce" mean s tl1 e ordin ance or ordinan ces of,:,. City au•.hor:zin g
the issuanc e of the Refunded Dond s.
"Reji mded Bonds" mea ns th e Refund ed cri es 2001 Bond s and th e Refunded Seri,,s 200 2
Bond s, as lat er determined by th e Sale Delegate and identified in th e Sa le Cenificat e as th e
Refund ed Bon ds.
"Rejimded Eo :,ds Payin g Age111" mea n~ iJ MB Bank , n.a. (as succe ssor in interest lo
Am,:ri ca n Na ti ona l Bank an d Th e Bank of herry Creek , N.A. and TI1e Bank of Cherry Creek , a
di visio n of Western Nation al Bank), in Denver, Colorado, as paying agen t fur the Refunded
Bonds , or an y successo r thereto .
4818-)646-<19~' 2
"Refunded Series 200 1 Bonds" means th e City of Englewood General Obli ga tion Bond s, •
Series 200 1, maturing on and after Decem ber 1, 2012 .
"Rejimded Series 2002 Bonds" means th e City of Englewood General Obligati on Bond s,
Series 2002, maturin g on and after De cember : , 2012 .
"Refi mding Project" means the advan ce refunding of th e Refund ed Bond s and th e
paymen t of the costs of is suance of th e Bonds .
"Sale Ce rtifica te" means the certificate execut ed by th e Sale Delegate under th e authority
1\llegated pursuant to thi s Ordinance, including but not limited to the Sections hereo f titled
1d Details ," "Redempti on of Bonds Prior to Maturity'', "Escrow Account ; Payment of
k et-..ii ded Bonds ," "Approval of Related Document s" and "Bond Insurance Determin ation"
whi .h set fo rth , among other things , the rate of interest on the Bonds, the condition s on which
and th e pri ces at which the Bonds may be redeemed before maturity, th e price at which the
Bn•\ds will be sold , the Dated Date, the amount of principal maturing in any particular year, the
,ln t on which principal and interest will be paid , the Refunded Bond s to be included in the
R.d l'nding Project, the Call Date for the Refunded Bonds , whether or not th e Bond s will be
sec <c-ed by the Bond Insurance Policy and the term s of any agreem ent wi th the Bond Insurer if a
C0 ,nmitment is accepted regardbg th e Bond s.
"Sale Delegate" means the Director of Finan ce and Administrative Services of the City
or, in th e event such perso n is unavailable , th e City Manager .
"Stme" mea ns the State of Co lorado .
"Tax Letrer of lnsrn,ctions" mean s th e Tax Letter of Instru ctio ns, dat.,d the date on which
th e Bond s are originally iss ued and delivered to th e City by Bon d Counsel, &s such instruction s
may be superseded or amended in acco rdan ce wi th their term s.
"Vnd,:writer" means Stife l, Nicolaus & Compan y, In corporated, of Den ver, Co lorado.
Section 2. Authorlz11tion and Pu r pose of Bonds . Pursuant to and in accordance with
the Act and th e Charte r, the City he, ~by authori zes , and dire cts that th ere shall be issued , th e
"C ity of Englewood , Co lorado , Genera l Obligation Refunding Bond s, Series 20 IO " for th e
purpose of pro vidin g funds for the Refundin g Project. The ca pti on for the Bonds also shall
in clud e "Serie s 2010 Bonds" or "Series 20 11 Bond s" depending on th e actua l date of iss uance of
th e Bond s
Section 3. Bond Details .
(a) Regis tered Form , Denomi11ations, Doted Date and N umberi11g . Th e
Bond s shall be iss ued in full y registered form, shall be dated as of th e Dat ed Date , and
shall be registered in the names of the Persons identified in the registration books
maintained by the Payi ng Age nt purs uant hereto . The Bond s shall be issued in
denomination s of$5,000 in principal amount or any integral multiple thereof. The Bond s
shall be conse cuti vely numbered, beginni ng wi th the number one, pre ceded by th e letter
UR."
48 18-3646-695 1.2 6
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(b) Maturity Dates, Principal Amounts and Interest Rates. Th e Bonds shall
ma ture on th e Principal Payment Dat e of the years and in the princip al amount s, an d shall
bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day
mo nth s) set forth in the Sale Certificate .
(c) Accrual and Dates of Payment of Interest. Interest on the Bond s shall
accrue at the rates set fo rth in th e Sale Certifi cate from th e lat er of th e Dated Date or th e
latest lnterest Paymen t Date (01 in the case of defaulted interest , th e late st date) to which
interest has been paid in full and shall be payable on each Interest Payment Date.
(d) Delegation for Sales Certificate. The Co un cil hereby delegates to the
Sale Delegate for a peri od of six months from the date of adoption of thi s Ordin ance the
fo llowin g (w hi ch shall be set fo rth in the Sale Certificate for the Bond s):
(i) the Dated Date of th e Bonds ;
(ii) the Princip al Payment Dat e;
;iii ) th e Interest Payment Date;
(iv) the aggregate principal amount of th e Bond s;
(v) the price at which th e r --nd s will be so ld pursuant to th e Bond
Purcha se Agreement ;
(v i) the amo unt of prin ci pal o, the Bond s maturing in any parti cular
year and th e respecti ve interes t rates borne by th e Bond s;
(vii) the Bonds which may be redeemed at the opti on of the Di stric t, th e
dates up on whi ch such optiona l redempti on may occur, an d th e prices at whi ch
such Bond s may be op ti ona ll y redeemed ; and
(viii ) th e principal amount s, if any, of Bond s subject to mandatory
sinking fund redemption and th e years in which such Bon ds will be subjec t to
such redemption .
(c) Sale Pa rameters. TI1e authori ty delega ted to th e Sa le Delegate by thi s
Secti on shall be subjec t to th e fo ll owi ng parameters:
(i) th e aggregate pri ncip al amou nt of th e Bond s shall not exceed
$10,750,000 ;
(i i) th e final maturit y of the Bond s sha ll be no lat er than December 31 ,
2025;
(iii) the net effective interest rate on th e Bonds shall not exceed 3.75 %;
4818 -]&«-6951 .2 7
(iv) the maximum annual debt service on the ll!!lld•, when combined
with the annual debt service for other outstanding general obligation bonds issued
pursuant to, or representing general obligation bonds refunding bonds issued
pursuant to , the Ballot Issue Authorization shall not exceed $1,300,000 ; and
(v) the present value savings as a percentage of the ttggregate principal
amoW1t of the Refunded Bonds shall be at least three percent (3%) computed
based upon the arbittagc yield for such series of Bonds to the date of delivery of
the Bonds, assuming semi-annual compoW1ding. '
(f) M1111ner und Form of Payment Principal of each Bond shall be p/iyabl e
to the Owner thereof upon presentation and surrender of such Bond at the principal office
of the Paying Agent in th: city identified in the definition of Paying Agent in the Section
hereof titled ''Definitions" or at such other office of the Paying Agent designated by the
Paying Agent for such purpose. lntercs' on each Bond sh311 be payable by check or tlraft
of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the
close of business on the corres pondin g Record Date; provided that interest payable to any
Own:r may be paid by any other means agreed to by such Owner and the Paying Agent
that docs not n,quirc the City to mokc moneys available to the Paying Agent earlier than
otherwi se required hereW1der or iru Tease the costs borne by the City herewider. All
payments of the principal of and ir~erest on the Bonds shall be made in lawful money of
the United States of America.
(g) Book-Entry Registration . Notwithstanding any other provision hereof, •
ihc Bonds shall be delivered only in boJ k entry form registered in the name of Cede &
C,,., as nominee of OTC , acting as securities de-,iository of the Bonds and princii,al of
and interest on the Bonds shall be paid by wire 1.ransfer to OTC ; provide<!, however, if at
any time the Paying Agen\ determines, and l'Otifies the City of its determination, that
OTC is no longer able to act as , or is no longer satisfactorily performing its duties as,
securities deposito ry for the Bonds, the Paying Agent may, at its discretiou , either
(i) designate a substitute securities depository for OTC and rercgister the Bonds as
directed by such substitute securities depository; or (ii) terminate the book entry
registtation system and reregister the Bonds in the names of the beneficial owners thereof
provided to it by OTC. N !ither the City nor the Paying Agent shall have any liability to
OTC, Ced r· & Co., any substitute securities depo sitory, any Person in whose !lame the
Bonds arc rcrcgistered at the direcuon of any substitute securities depository, any
beneficial owner of the Bonds or any other Person for (A} any determination made by the
Paying Agent pursuant to the proviso at the end of the immediately precedir-g sentence or
(B) any action· taken to im plement such determin ation and the procedures related thereto
that is taken pursuant to any direction of or in reliance on any infonr.ati on provided by
OTC , Cede & Co ., any substitute securiti es depository or any Person in whose name the
Br,nds are reregistcred .
Secdon 4. Rlldempdon of Bondi Prior to Matli•rlty .
(a) Optl,onal Redemption . The Bonds shali be subject to redemption at the •
option of the City, in whole or in part, and if in part in such order of maturities as the City
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shall detennine and by lot within a maturity on s uch dates as set forth in the Sale
Cert ifi cate . The Council hereby delegates to the Sale Delegate the authority to detennine
the dates on which th e Bonds shall be s ubject to optional redemption and the redemption
price or prices at wh ich such redemption may be made .
(b) Ma11datory Si11ki ,g Fu11d Redemptio11. All or any principal amount of
the Bonds may be subject to mandatory si nking fund redempt ion b) lot on th e Principal
Payment Date o f the years and in the prin cip al amounts s pec ified in the Sale Certificate,
at a redemption pri ce equal to the principal amount th ereof (w ith no red empti on
premiwn), plus accrued interest to the redempti on date. The Council hereby delegates to
the Sale Delegate the authorit y to detennine the principal amounts and dates on which the
Bonds shall be subject to mandatory s inking fund redemption .
(c) Redemptio11 Proced11res. Notice of any redemption of Bond s shall be
given by th e Paying Age nt in th e name o f the City by sending a copy o f s uch noti ce by
firs t class, postage prepaid mail , not more than 60 days nor less than 30 days prior to the
redemption date, to th e Owner of each Bond being redeemed. S uch notice shall specify
the number or nwnbers of th e Bonds so to be redeemed (if redemption s hall be in part)
and the redempti on date. If any Bond shall have been dul y ca ll ed for redemptio n and if,
on or before th e redemption date, there shall have been deposited with the Paying Agent
in accordance with this Ordinance funds s ufficient lo pa y the redemption price of s uch
Bond on the redemption ,hte, th en s uch Bond s hall become due and paya ble al such
redemptio:, date. and from and after s uch date interest wi ll cease 10 accrue thereon .
Fai lure to deli ver any redemption no ti ce o r any defect in an y redempti on noti ce sha ll not
affect the val idit y o f the proceeding for the redemption of Bonds with res pect lo which
s uch fai lu re or defect did not occur. An y Bo nd redeemed r,ri or to its m at urity by prior
redemption or otherwise shall not be reiss ued and shall be r:mcellcd .
Section 5. Security for the Bonds.
(a) Ge11 era l Obligatio11s . The Bonds shall be general obli gations of the City
and the full fai th and credi t o f th e City arc pledged for the punctual payment of th e
principal of and int eres t on the Bonds . The Bond s shall not co nstitute a debt or
ind ebtedness of the Count y, th e State or any politi cal s ubdivisi on o f the State other than
the Ci t
(b) l evy of Ad Va /ore,n Taxes . For the purpose o f payi ng the principal of
an d interest on the Bond s when du e, respectively, the Cou nci l shall ann ually detennin e
and certify 10 the Board of Co unt y Com mis s ioners of th e Count y, a rate of levy for
general ad valorem 1a,ces . wi th o ut limit at ion as to ra te or amount, on all of th e taxabl e
property in the City, s ufficie111 to pa y the principal o f and interes t on the Bonds when due,
respecti vely. whether at m aturit y or upon earlier redemption.
(c) Appli catio11 of Pro ceeds of Ad Va/ore m Taxes . The genera l ad va lo rem
taxes levied purs uant to s ub section (b) of thi s Section, when collected, sha ll be deposited
in the Bond Account and shali be ap pl ied solely 10 th e psyment of th e principal o f and
1818·3646-695 1.2 9
int eres t on the Bonds and for no other purpo se until th e Bonds, incl udit g principal and •
interest, are fully paid , satisfied and discharged .
(d) Appropriation a11d Budgeting of Proceeds of A d Valorem Taxes .
Moneys received from the general ad valorern taxes levied pursuant to subsection (b) of
tl1i s Section in an amount sufficient to pay tlte principal of and interest on the Bonds
when du e, respectively, are hereby appropriated for that purpose , and all amounts
required to pay the principal of and interest on the Bond s due, respectively, in each year
shall be included in th e annual budget and appropriation ordinance to he adopted and
passed by th e Council for such year.
(e) Use or Advance of Other Legally Available Moneys. Nothing herein shall
be interpreted to prohibit or limit the ability of the City to use legall y available moneys
other than the proceeds of the general ad valorern taxes covenanted to be levied pursuant
to the Bond Ordinance to pay all or any portion of the principal of or interest on the
Bon ds . If and to the extent such other legal ly available moneys are used to pay the
principal of or intere.st on the Bond s, the City may, but shall not be required to, (i) redu ce
tl1e amount of tax es lev ied for such purpose pursuant to subsection (b) of this Section or
(ii) use pro ceeds of taxe s levied pursuant to subsection (b) of this Section to reimburse
the fund or account f..~'11 which such other legall y available moneys are withdrawn for
the amount withdra. .om such fund or account to pay the principal of or interest on the
Bond s. lfthe City selects alternative (ii) in the immediately prec ed ing sentence, th e taxes
levied pursuant to subsection (b) of this S. fon shall include amounts sufficient to fund
th e reimbursement . •
(t) Certification to County Commissioners. It is hereby declared that , if the
City does not otl1erwise detennine and certify tc h~ Board of County Commi ss ioners of
the Co unty a rate of levy for general ad vulorem property taxes as required by
subse ctio n (b) of thi s Section, th e forego ing provision s of thi s Section shall constitute r.
cert ifi ca te from the Council to th e Boa rd of County Commissioners of the County
showi ng th e aggrega te amount of ad vnlorem taxes to be levied by the board of County
Commissioners of the Co unty from tim e to tim e, as req uired by law , fo r tl1e purpose of
paying th e principal of and interest on th e Bonds when due .
(g) Depo sit of Moneys to Pay Bonds wit/r, and Payment of Bonds by l'ayillg
Age11t . No Inter than three Bu siness Days immediately preceding each date on which a
payment of principal of or interest on the Bond s is due , th e City, from moneys in the
Bond Account , sha ll dep osi t moneys with the Paying Agem ;" an amount suffi cient to
pay th e princip al of and interest on th e Bonds due on such date. The Paying Agent shall
use th e mon eys so deposited with it to pay the principal of and interest on tl1e Bonds
when J ue.
Section 6. Form of Bonds . The Bonds shall be in sub stanti ally the fonn set forth in
Appendix A hereto witl1 such changes theret o, not inconsis ten t herewi th , as •~y be necessary or
desirable and approved by tl1e officials of the City executi ng the same ·1hose manual or
facsimile sign atures th ereon sha ll cons titute conclusive evide nce of sucn approval). All •
covenan ts, statements , representations and agreements contained in the Bonds are hereb y
4818-)6-4 6-695 1.2 10
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appro ved and adopted as th e cove nants , statemen ts, repre sentati ons and agree ment s of th e City .
Al th ough attached as app endices fo r the convenience of the reader, Appendix A is an int egral
part of thi s Ord inance and are in co rporated herei n as if set forth in full in th e body of this
Ord inan ce.
Section 7. Execution of Bond s. Th e Bon ds shall be ex ecuted in th e name and on beh alf
of th e City wi th the manual or facsim il e sign ature of th e Mayor, sha:1 bear a man ual or facsimilf :
of the sea l of the City and shall be attested by the manual or facsimi le signa ture of the City Clerk
of the Cou ncil , all of wh om are hereb y auth ori zed and dire cted to pre pa re and execut e the Bond s
in acco rd ance with the requiremen ts hereof. Should any officer whose manu al or facsimile
signature appears on the Bond s cease to be such office r before delivery of any Bon d, such
manual or facsimi le sign ature shall ne verth eless be va lid and suffic ient for all purpo ses. When
the Bond s have been dul y executed, the officers of the City are au th orized to, and shall , deli ver
the Bond s to the Payi ng Agent for auth entication . No Bond shall be secured by or titled to th e
benefit of thi s Ordinan ce, or sha ll be va lid or oiJi igatory for any purpose , unl ess the ce rtificate of
authenticati on of the Pa yi ng Agent has been manu al ly executed by an authorized sign atory of the
Paying Agent. The exec uted ce rtifi ca te of authentication of the Payi ng Agent upon any Bond
shall be co nclu sive evidence, and the only competent evidence, th at such Bond has bee n prop erl y
authenticated and deli vered hereunder .
Section 8. Registration of Bonds in Registration Book s Maintained by Paying
Agent. TI1 e Pa yi ng Agent shall maintain registrati on boo ks in whi ch the ow ners hip , tran sfer and
exc hange of Bond s shall be recorded . The perso n in wh ose name any Bond shall be regi stered
on suc h registrati on book shall be dee med to be th e abso lut e owner the reof for all purpo ses,
wheth er or not payment on an y Bond shall be overd ue, un d nei th er the City nor the Payi ng Age nt
shall be affe cted by any noti ce or oth er in fo rmati on to th e co mrary.
Section ~. Transfer and Exchange of Bond s. TI1 e Bonds may be tran sfe rr ed or
exc hanged at th e pri ncipa l office of th e Payi ng Age nt in th e city id entified in th e defi ni tion of
Pa ying Age nt in th e Secti on hereof titl ed "Defini ti ons" or at such oth er office of the Payi ng
Agent de signa ted by the Pay in g Age nt fo r such purpose fo r a lik e ag1,'l'egate princip al amoun t of
Bonds of other auth orized deno min ati ons of th e same maturity and int erest ra te, upon payme nt
by th e trans fer ee of a reasonab le tran sfe r fee estab li shed by th e Payi ng Age nt , toget her with any
tax or governme nt al charge req uired to be paid with respect to such tr ansfe r or exchange and any
cos t of printin g bon ds in co nn ecti on therewith . Upon s11 rrend er fo r tran sfer of ; Bond , dul y
end orsed for tran sfe r or acco mp anied by an ass ign ment dul y exec ut ed by th e Ow ner or his or her
att orne y dul y auth ori ze d in writing, the Cit y shall execut e and th e Payi ng Age nt shall
au thenti cate and de live r in th e name of the tra nsferee a new Bond. Notwi th stand in g any ot her
provision hereof, th e Payi ng Agent shall not be req uired to transfer any Bo nd (i) wl1i ch is
sc hed ul ed to be redeem ed in wh ole or in part between th e Business Da y immed ia tely preceding
the mai lin g of th e notice of redemptio11 and 1hc redemption date or (ii) between th e Reco rd Date
fo r any lnt eres t Payment Date and such interest Paym en t Date .
Section 10 . Repla ce ment of Lo st, Destroye d or Stolen Bond s. if any Bo,,1; 3hall
become. los t, apparentl y destro yed , stolen or wrong fully taken , it may be re pl aced in the form and
te nor of the los t, destroyed, stolen or tak en Bond and tl1e Cit y shall exec ut e and the Paying Age nt
shall autl1 entt ca te and deli ver a rep lace ment Bond upon th e Owner fu rni shing , to th e sati sfacti on
4818-3646-69S 1 2 i i
of the Paying Agent : (a) proo f of ownership (which shall be sh own by th e regis trati on boo ks of
the Pa yi ng Agent), (b) proof of lo ss, destru cti on or thef\, (c) an indemnity to th e Ci ty and th e
Payi ng Agent with respect to the Bond los t, destroyed or taken, an d (d) paym ent of th e cos t of
preparing and exec uting the new Bond .
Secti on 11 . Crea tion of Bond Accoun t; Funding of Refundin g Project.
(a) Creatio n .-f Bond A ccount. TI1ere is hereby es tabli shed th e Bond
Acco unt. Th e fo rego in g acco unt shall be maint ain ed by the Cit y in accord ance with th e
prov isions of thi s Ordin ance .
(b) Funding of Refimdillg Project. Upon payment to th e City of th e purchase
pti ce o f th e Bond s in accord anc e with th e Bond Purchase Agree ment , the Bond s shall be
deli vered to, or M directed by, the Underwriter and th e proceed s rece ived by the Cit y
from the sa le of the Bonds , together with legall y avai lable mone ys of the City ava ilable
for such purp ose, shall be applied as a supplement al appropriation by the City for the
payment of the co sts of iss uan ce of the Bond s and to the Esc row Account for payment of
the Refunded Bond Requirem ent s in accordan ce with th e rep ort of a certifi ed pub li c
acco untant as required by th e provisions hereo f.
Section 12 . Escrow Account; Payment of Refunded Bonds .
(a) Es1ab /is lm1e11t and Maimenance of Escrow A cco111tt. Th ere is hereb y
es tabli shed a special acco unt de signated as the "Refunding Series 2010 Bond s Esc row
Acco unt ," whi ch shall be 1,1ain ta in ed in acco rd ance with th e prov isions hereo f and of th e
Escrow Agreem ent. ~-!-L i :.crow Acco unt shall be maint ained in nn bmounl al the time of
the initi al depos it s th erein an d at all tim es sub sequ entl y al least sufficien t, together with
the kn own min im um yi eld to be deri ved from the ,nitial investment and an y temporary
rein ves tment of th e de pos it s therein or an y part thereof in Defc as a•.1ce Sec uriti es lo pa y
th e Refund ed Bond Requirem ent s. Except as ma y be otherwise p;·ov id ed in th e Escrow
Agreement , the Cit y shall have ,.o ri ght or title lo the money s coedi ted lo :i r held in the
Escro w Ac co unt , and such title shall be and is hereb y tran sferr sd to the Bank in tru st fo r
the payment of th e Refund ed Bond Requirement s pursuant lo th e Escrow Agree ment.
Moneys shall be withd ra wn by the Bank fr om th e Escrow Acco unt on th e Call Date to
pcnn it th e payme nt wi th out default of' th e Rcfun 0ed Bond Req uirement s. If fo r any
reas on th e amount in th e Escrow Acco unt shall al any tim r be in suffi cient fo r the purpose
hereo f', th e Cit y shall for th with from the fir st mone ys availab le the refor depos it in such
ncc ount such addit io nal mo,ieys as shnll be neces sary to pennil th e payment in full of the
Refund ed Bond Requirement s. The Coun cil hereb y dele ga tes to the Sa le Dclegnte th e
auth orit v 10 det ermine th e Refund ed Bond s 10 be in clud ed in th e Refundin g Project.
(b) Ca ll of Refimded Bonds. Subject 10 the issuance of th e Bond s, th e
Co un cil does hereby declare it s int ent lo exercise on behalf of and in the name of th e Cit y
it s opti on 10 redee m or pay and can cel nil of th e Refund ed Bond s on th e Ca ll Dat e, wh ic h
is th e earl iesc date or dnt es on which th e Refunded Bond s ca n be ca ll ed and redeemed.
Th e C un cil hereb y a•,thori ,es th e Sale Delegate de1 em1in e th e Ca ll Date and to
4818-3 64 6-695 1.2 12
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irrevocably in struct the Bank to give or cause to be given a notice .:i f refunding ,
defeasance and redemption of the Refunded Bonds .
Section 13. Investme nts. Proceed s of the Bond s deli vered to the City purs uant to the
Section heret'f titled "Creation of Accounts ; Ini tial Credits to Acco unts," moneys on deposit in
the Bond Acc,,unt and an y moneys held by the Payi ng Agent with respect to the Bonds shall be
inves ted in Permitted Investments , provided th at th e in ves tment of such moneys shall be subj ect
to any appli ca ble re striction s set forth in the Tax Lett er of Instru ction s and in the "Tax
Compliance Certific ate" or sim ilar certifi ca te deli vered by the City in connection wi th the
iss uance of the Bond s th at describ es the City's expectation s regarding th e use and investmen t of
proce eds of the Bonds .
Sectio n 14. Vario us Findings, Dete rminations, Decla ration s and Covenants. The
Council , having been fu ll y informed of and hav ing con sid ered all the pertinent facts and
circum stances, hereb y finds , detl'rmines , dec lare s and covenants with the Owners of the Bonds
that :
(a) it is in the best interest of th e City and its re si dent s that th e Bonds be
auth ori zed, so ld , is sued anc deli vered at th e time , in th e manner and for the purposes
provid ed i'l thi s Ordinance ;
(r.) :he iss uance of th e Bond s will not ca use the City to ex ce ed it s debt limit
under a~,plic &hi<, State law;
(c) the DT C Bl anket Lette r oi ~-~~rcsentations entered int o with DTC will
govern th e book entry regi stration sys tem for the Bond s; an d
(d) the issuan ce of the Bond s and all procedures und ertaken in ci dent ti1ereto
rue in full co mpliru1 ce and confonnity with all applicable requirement s, provi sions and
1:mit ation s prescribed by the Charter , the Co lorado Constitution and laws of the State .
Section JS. Fe deral In come Tax Covenants . Fo r purposes of ensuring that the int erest
on the Bond s is and remain s exc lu ded fr om gro ss in co me fo r fede ral in co me tax purposes, th e
Ci ty hereby cove nant s th at:
(a) Prohibited Acti o11 .,. TI1e Ci ty wi ll not use or pennit the use of any
proceeds o f the Bond s or any other funds of the Cit y from wha tever so urce derived ,
directly or indirectl y, to acquire any sec urities or obligati ons and shall not take or permit
to be taken any other acti on or ac ti ons, whic h would ca use any Bond to be an "arbitrage
bond " withi n th e meaning of Secti on 14 8 of the Code, or wou ld otherwi se ca use the
interest on any Bond to be includibl e in gross in co me fo r federal income tax purposes .
(b) Affirmative Actio11s . The City will at all times do and perfo nn all acts
pennitt ed by law th at are necessa ry in ord er to ass ure that interes t paid by the City on the
Bond s shall not be includible in gross income fo r federal inco me tax purposr.s under the
Code or any oti:e r va lid pro vision of law . in particular , but without limitation , the City
represe nts, warrants an d co ve nant s to co mpl y with the fo ll owi ng rules unless it receives
an opini on of Bond Coun ,el stating th at such co mplian ce is not necessary: (i) gross
4818-36<6-695 1.2 13
proceeds of the Bonds wi ll not be used in a mann er that wi ll cause th e Bonds lo be •
consi dered "private activity bonds" wi thin the mea ning of th e Code; (ii ) th e Bonds are not
an d will not become direcll y or inclirectly "federally guarant eed"; and (iii ) th e City will
tim ely file an Int erna l Rev enue Service Form 8038-G with respect lo the Bond s, which
shall contain the informatio n required to be filed pursuant to Section 149(e) of the Code.
(c) Tax l etter of Instruc1io11 s. The Cit y will comp ly with the Tax Le tt er of
Instructio ns delivered to ii on th e date of iss uance of the Bonds, including but no t limi ted
by the provisio ns of th e Tax Letter of In structio ns regardin g the app li ca ti on and
inve stment of Bond proceed s, the calculatio ns, th e deposits , th e disbursement s, the
in ves tments and th e ret ention of records described in the Tax Lett er of In structions ;
prov ided that , in the event th e Tax Letter of Instructio ns are superseded or amend ed by
new Tax Letter of In stru ct ions drafted by, and accom pani ed by an op inion of, Bond
Co un sel sta ti ng tliat th e use of th e new Tax Letter of In stru ct ion s will no! cause th e
int erest on the Bond s to beco me in clu dible in gros s income for federal income tax
purposes , the City will th erea fter comp ly with the new Tax Lette r of Instru cti ons.
(d) Designation of B011ds as Qualified Tax Exempt Obliga1io11 s. Th e City
hereby designates th e Bond s as qua li fied tax ex empt obligati ons within th e meanin g of
Section 265 (b)(3) of the Code. The Ci ty cove nant s tlrnt th e aggrega te face amo unt of all
tax exempt gove rnment al ob li gations defined in Sectio n 14 1 of th e Code or qualifi ed
:0I(c)(3) bonds defined in Secti on 14 5 of the Code issued by th e City, tog et her with
governm en tal entities which deri ve the ir iss uing authority from the City or are subj ect to
su bst antial control by the Cit y, are not expected 10 be more than $30,000,000 durin g •
calendar year 2010. The City recognizes that such tax ex empt ob liga ti ons includ e notes,
leases , loans and warrant s, as well as bonds. The Cit y further recogn izes th at any bank ,
thrift institution or other fin ancial in sti tu ti on th at owns the Bonds will rel y on tl1 e Cit y's
des ignati on of th e Bond s as qualified tax exem pt ob li ga ti ons fo r th e purpose of avoiding
the loss of I 00 % of an} othe rwi se ava ilable intere st deduction attrib utable to such
in stit ut ion's tax exemp t holdings .
Section 16. Defcasnncc . Any Bond shall not be de emed to be Ou .stan ding hereunder if
it shall have been paid and ca ncelled or if Def'eas ance Secu ritie s shall hn ve been deposi ted in
tru st fo r th e paymenl th ereof (whet her upon or pri or lo th e maturity of suc h Bo nd, but if such
Bond is to be paid prio r to maturi ty, th e Ci ty sha ll have given the Paying Agent irrevocable
direction s to give notice of redempti on as req uired by thi s Ordin ance, or such noti ce shall have
bee n give n in accordance wi th this Ordinance). In co mputin g th e amount of the depo sit
described above. th e Ci ty may includ e the maturing principal of and int eres t to be earned on th e
Defcasa nce Securities . If less than all the Bon ds are 10 be defensed pursuant to thi s Sec ti on, the
Cit y. in its so le discretion , may se lec t wh ich of th e Bond~ 5hall be defensed .
Notw ith standin g anyt hin g herein to the co nt rary, 1,1 the event th at the Bond In sura nce
Policy is iss ued and prin cipal and/or interest du e 0 11 the Bonds is paid by th e Bond In surer
pursuant to th e Bond Insuran ce Poli cy, th e Bonds sl,all remain Out stand in g fo r all purp oses , not
be defensed or otherw ise satisfied an d 110 1 be co nsi dered paid by th e City, and all covenant s,
agree men ts and other obli gat ions of th e Ci ty to th e Owners shall con tinu e to exist and shall run
4818-3646-69S l.2 14
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to the benefit of the Bond Insurer, and the Bond Insurer shall be subrogated to the rights of such
Owners.
Secdon 17. Events of Default. Each of the following events constitutes an Event of
Default:
(a) N,,npayment of Prine/pol or Interest. Failure to make any payment of
principal of or interest on the Bonds when due .
(b) Breach or Nonperformance of Duties. Breach by the City of any material
covenant set forth herein or failure by the City to perform any material duty imposed on it
hereunder and continuation of such breach or failure for a period of 60 days after receipt
by the City Attorney of written notice thereof from the Paying Agent or from ihe Owners
of at least 10% of the aggregate amount of the Bond Obligation, provided that such
60-day period shall be extended so long as the City has commenced and continues a good
faith effort to remedy such breach or failure.
(c) Bankruptcy or Recelwrshlp . An order of decree by a court of competent
jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a
receiver of all or any material portion of the City's assets or revenues is entered with the
consent or acquiescence of the City or is entered without the consent or acquiescence of
the City but is not vacated, discharged or stayed within 30 dl!ys after it is entered .
Secdon 18. Remedies for Events of Default.
(a) Remedies. Upon the occurrence and continuance of any Event of Default,
the Owners of not less than 25% of the aggregate amount of the Bond Obligation,
including, without limitation, a trustee or trustees therefor may proceed against the City
to protect and to enforce the rights of the any Owners under this Oniinancc by
mandamus , injunction or by other suit, action or special proceedings in equity or at law ,
in any court of competent jurisdicti nn: (i) for the payment of interest on any installment
of principal of any Bond that ,, .. ot paid when due at the interest rate borne by such
Bond ; (ii) for the specific performance of any covenant contained herein; (iii) to enjoin
any act that may be unlawful or in violation of any right of any Owner of any Bond ;
(iv) for any other proper legal or equitable remedy; or (v) any combination of such
remedies or as otherwise may be authorized by applicable law ; provided, however, that
acceleration of any amount not yet due on the Bonds according to their terms shall not be
an available remedy. All such proceedings at law or in equity shall be instituted, had and
maintained for the equal benefit of all Owners of Bonds then Outstanding .
(b) Failure To Pursue Remedies Not a Release; Rights Cumulatiw . The
failure of any Owner of any Outstanding Bond to proceed in accordance with
subsection (a) of this Section shall not relieve the City of any liability for. failure to
perform or carry out its duties under this Ordinance. Each right or privilege of any such
Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege,
and the exercise of any right or privilege by or on behalf of any Owner shall not be
deemed a waiver of any other right or privilege of such Owner.
48l8•364U9Sl.l
(c) Bond Insurer Third-Party Beneficiary; Right To Control Remedies. In •
the event th at th e Bond Ins uran ce Poli cy is iss ued and to th e ex tent th at thi s Ordinan ce
confers upon or gives or grants to th e Bond Insurer any right, remed y or claim und er or
b.v reason of thi s Ordi nance, the Bond Ins urer is hereby ex plic itl y reco gnize,\ as bein g a
third party beneficiary here und er and may enforce any such right , remed y or claim
conferred , given or gran ted hereunder. Upon the occ urrence and continuance of an Ev ent
of Defa ult , so long as it is not in de fa ult of its obli gati ons und er th e Bond In surance
Policy, th e Bond In surer shall be ent itled to co ntro l an d di rect th e enforc ement of ai l
rights and remedies granted to th e Ow ners under this Ordinan ce and pursuant to Sta te
law .
Section 19. Amendment of Ordinance .
(a) Amendments Permitted Without Notice to or Con sent of Own ers. The
City may, without the con sent of or notice to the Owners of th e Bond s, adopt one or more
ordinan ces amending or supplementing thi s Ordin ance (which ordinances shal l therea fter
become a part he reof) fo r any one or more or al l of th e fo ll owing purpvses :
(i) to cure an y amb igui ty or to cure, correct or supplem ent nny 1ofect
or io co nsistent provis ion of thi s Ordinan ce;
(ii) to subj ect to this Ordinan ce or pl edge to the p&)'l1lent of the Bonds
add iti onal re venu es, pro perties or co ll atera l;
(iii) to institute or term inate a boo k entry regis trati on sys tem fo r th e
Boncls or to fa cilit ate th e design ation of a sub stitut e securiti es depos itory with
respect to suc h a system ;
(iv) to maint ain th e then existin g or to sec ure a higher ratin g of th e
Bond s by any nationall y reco gni zed sec uri ties rati ng agency ; or
(v) to make an y oth er chan ge th at does not materiall y arl ve rse ly affec t
th e Owners of th e Bond s.
(b) A m endments Requiring Notice to and Co nse nt of Own ers. Excep t for
an1endm ent s perm itted by sub section (a) of th is Sec tio n, thi s Ord inan ce may onl y be
amended (i) by a ord inance of the City amendin g or suppl ementi ng thi s Ord inan ce
(which , aft er the co nsents required therefo r, shall become a part hereo f); and (ii ) with the
written conse nt of th e Own ers of at leas t 66-2 /3% of th e Bond Obli gatio n; provi ded th at
any am endm ent th at makes an y of th e foll ow in g chan ges with res pect to an y Bond shall
not be effective with out the writt en consent of the Own er of such Bond : (A) a chan ge in
th e maturit y of such Bond ; (B) a redu ctio n of th e interest rate on such Bond; (C) a change
in the terms of redemption of such Bond ; ([) a delay in th e paym c,,t of prin ci pal of or
interes t on such Bond ; (E) a red uction of th e i3 ond Obli gatio n th e conse nt of the Owners
of which is required fo r an ame ndment to thi s Ordin an ce; or (F) th e establi shm en t of a
priority or preferen ce fo r th e pa ym ent of any am ount du e with res pect to an y other Bond
-~~ .
48 18-)646-695 1.2 16
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(c) Pro cedure for Notifyi11g and Obtai11i11g Co11 se11t of Own ers. Whenev er
th e consent of an Owner or Owners of Bond s is req uired un de r sub section (b) of th is
Sectio,:, th e City shall mai l a not1c to such Owner or Owne rs at th eir addre sses as se t
fo rth in th e registration books maintam d by th e Payi ng Agen t and to the Un derwri ter,
whi ch notice shall bri efl y desc rib e th e propo sed amendment and state th at a co py of the
amen dm ent is on file in th e office of th e Cit y fo r in spection . Any co nsent of any Owner
of any Bond obt ain ed with respect to an amendment shall be in wr :ting and shall be fina l
and not subj ect to withd rawa l, rescission or modification fo r a peri od of 60 da ys after it is
deli vered to th e Ci ty unl ess another time period is stated fo r such purpose in th e notice
mai led pursuant to thi s subs ection.
(d) Co11se11t of th e B011d In surer i11 Addition to Co 11 se11t of Ow11 ers . In th e
event th at the Bo nd In surance Policy is iss ued , the Bond In surer 's co nse nt shall be
required in addition to th e co nsent of Owners, when required , for th e fo ll owi ng purposes:
(i) exec ution and delivery of any supplemental Ordinance or an y amendment, suppl emen t
or change to or modi fica ti on of thi s Ordinan ce; (ii ) remova l of th e Payin g Agent and
selection an d appo intment of a successor; and (iii ) in iti ati on or approval of an y ac ti on not
described in cl ause (i) or (ii) above whic h requires th e co nsen t of Owners .
Section 20. Appoi ntment and Duti es of Pa ying Agent. The Pa yi ng Agent iden tifi ed in
the Sec ti on hereof ti tl ed "Definiti ons" is he reby appo inted as r aying agen t, regi strar and
auth enticatin g agent for the Bon ds unl ess an d until th e City rem oves it as such and appoi nt s a
success<:>r Pa yi ng Agen t, in whi ch event such successor shall automaticall y succeed to th e duti es
of th e Pa yi ng Age nt hereund er and its predecesso r shall immediate ly tum ove r all its record s
regarding th e Bond s to such successo r. The Paying Agent shall agree to perform all du tie s and to
take all acti ons assigned to it hereund er in q~eo rd ance with th e term s hereof.
Section 21. App roval of Rel ated Documen ts. The Co uncil hereby ra ti fies and
approves th e di stri buti on and use in co nn ection with the offe ring 1fthe Bonds of th e Prelimi nary
Offic ial Statemen t relatin g 10 the Bonds ; auth orize$ Lnd dire cts tht pr eparati on of, and auth ori zes
and directs th e exec uti on by th e Mayo r of an Offi cial Statement .or use in co nn ecti on with th e
sa le of the Bond s in substantiall y th e form of the Prelimin ar;· Officia l Statement , wi th such
changes th erein , if any, not incon sistent herewith , as are onproved by th e Mayo r (w hose
sign ature thereon shall constitut e conc lu sive ev id ence of such ap prova l); and fo r a period of six
momh s fo ll ow ing th e adop ti on of tl1 is Ordin ance, th e Sale Delegate is auth ori zed to execute th e
Co mm itment , if any, th e Sa le Certificate an d th e Bo nd Purchas e Agreement. The ap propria te
officer s and offic ia ls of the Cit y are hereby au th ori zed and di rected to execute an und ertakin g to
faci litate co mpli ance with Securiti es and Ex change Comm issio n Rul e l5c2 -1 2 (17 C.F.R.
§ 240. I 5c2-l 2, the Payi ng Agen t Agreement , th e Escro w Agree ment , a "Tax Comp liance
Certifi ca te" or similar ce rtifi ca te describing the Cit y's ex pec tation s regardi ng th e use an d
in vestment of proceeds of the Bond s and oth er moneys , an Internal Revenue Service
Form 8038 -G wi th re spect to th e bond s and all oth er doc um ent s and ce rtifi cates necessa ry or
desirabl e to effectuate the iss uance or Jdmini strnt ion of th e Bond s, the in ves tment of proceed s of
the Bond s and th e tra nsactions co nt empla ted he reb y.
Section 22. Bond In surance Determination. Th e Co un ci l hereby del egates to the Sole
Delega te the authority to determine whether or not tl1 e Bond s will be secured by th e Bond
4818-3646-695 1.2 17
In suran ce Poli cy and th e tenn s of any agr eement with the Bond In surer if a Co mm i"nent i · •
acce pted regardi ng th e Bonds. Suc h detem1ination sl.all be made by th e Sale Delegate on a basis
of whether or not an interes t cos t savi ngs can be realized by th e City through th e iss uan ce of th e
Bon d In surance Policy when compared to the premium to be paid to th e Bond In surer tor the
issuance of the Bond In suran ce Poli cy.
Section 23. Events Occurring on Da ys That Arc Not Business Days . Exce pt as
otherwise spec ifi cally pro vided herein with respect to a pani cul ar payment , event or ac ti on, if
any payment to be made here und er or any eve nt or ac ti on to occ ur hereund er which , but fo r thi s
Section , is to be made or is lo occur on a da y that is not a Busin ess Day, such payment , event or
action shall instead be made or occ ur on the next succeed in g da y th at is a Business Day wi th the
same effect as if it was made or occ urred on th e date on wh ich it was ori gi nall y sched ul ed to be
made or occ ur.
Section 24 . Limitation of Action s. in accordance with Section 11-57 -2 I 2, Co lora do
Rev ised Statut es, no lega l or equit ab le action can be brought with re spec t to any legislative acts
or proceedin gs in connection with the auth ori za tion of th e Bond s more th an 30 da ys after the
auth orizati on of such securities .
Se ction 25. Ordinance is Contract with Owners of Bond s and lrrcpealablc. After
the Bonds have bee n iss ued, th is Ordinan ce sha ll be and remain a co ntra ct between the Cit y and
th e Owners of the Bond s and shall be and remain irrepealabl e until all amount s due with respect
to th e Bond s shall be full y paid , sa ti sfied and di scharged and all other obli gati ons of th e Cit y
wi th re spec t to the Bond s shall ha ve been satisfi ed in th e mann er pro vided herein . •
Section 26. Hea dings. The heading ; to the va riou sectio ns and sub sec ti ons to this
Ordinance have been in se rted so lel y for th e conve ni ence of th e reade r, arc not a pan of thi s
Ordin ance an d shall not be used in any manner to interpret thi s Ordin ance.
Section 27. Severability. it is hereby exp ress ly dec lared th at all prov ision s hereof and
th eir app lica tion arc int ended to be and are sev erab le. In ord er to impl ement such intent , if any
pro vis ion hereo f or th e applic ati on thereo f is detem1incd by a court or admin is trati ve body to be
in valid or un enforcea bl e, in who!~ or in part , such det cnnin ati on shall not affect, imp air or
in valid ate any oth er provis ion hereof or the appli cat ion of the provi sion in que sti on to any ot her
situ ati on; and if any provi sion hereof r the app li ca ti on t:1ereof is det ennin cd by a co un or
admini strative bod y to be va lid or enforce able only if it s ap pli ca tion is limit ed , it s applicati on
hall be limited as required to mos t fully implement its purpose.
Section 28. Rep ea l of fn rn nsi ste n t Ordinances, Resolution s, Bylaws, Rules and
Orders . All ordin ances, reso lut ions , bylaws, rule s and orders, or part s th ereof, that are
in co nsi ste nt with or in conflict wil l: thi s Ordin ance , arc hereby rep ea led to th e extent of such
inconsistency or con fli ct.
Sec tion 29 . Ratification of Prior Action s. All actio ns heretofo re toke n (not
incons istent wit h the provisio ns of thi s Ordin ance, the Act or the Chart er) by the Co uo cil or by
th e officers and empl oyees of th e Ci ty directed towa rd th e iss uance of th e Bond s for th e purposes •
herei n sc t..fo rth are hereby ratified , approved and co nfinn ed.
4818-3646-695 1.2 18
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Section 30. Emergency Decl aration and Effectiv e Date. The Council has been
ad vised that in order for the City to secure the iow interest rates currently present in the market
and avoid a possible increase in such rotes , it is necessary to issue the Bonds as soo n as possible.
Therefore, for said reason , the Council declares that this ordinance is necessary for tne
immediate preserv ation of publi c property, health , peace , or safety and an emergency exists.
This Ordinance shall be effective immediately upon final passage and be published within seven
days after publication fo ll owi ng fina l passage
Introduced , read in full, amended and passed as an Emergency Bill for an Ordinanc e on first
reading on the 7th day of September, 2010.
Published as amended as an Emergency Bill for an Ordinance in the City 's official newspaper on
the I 7th day of Sep tember , 2010.
Published as amended as an Emergency Bill for an Ordi nance on the City's official website
beginning on the 8th day of September, 20 IO fo r thirty (30) days .
Read by title and passed on final reading as an Emergency Ordinan ce on the 20th day of September,
2010 .
Publi shed by title as an Eme rgency Ordinance in th e City 's officia l newspaper as Ordinl\llce No._,
Series of 2010, on the 24th day of September, 2010 .
Published by title as an Emergency Ordina:ice on the City's official website beginning on the 22nd day of
Sept :mber, 2010 for thiny (30) days.
James K. Wood ward , Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Elli s, City Clerk of the City of Englewood , Co lorado , hereby ce ni ty that the abov e
and foregoing is a true copy of th e Emergency Ordinance passed on final read ing an o publi shed by title as
Ordinan ce No .~ Series of 20 I 0.
Loucri shia A. Elli s
4818 -3646-69512 19
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THE ATTACHED EXHIBIT A WILL NOT BE EXECUTED UNTIL
Fll\AL APPROVAL OF om>INANCE .
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No. R
Interest Rate
__ %
APP ENDIX A
FORM OF BOND
UNITED STATES OF AMERICA
ST A TE OF COLORADO
CITY OF ENGLEWOOD , COLORADO
GE ERAL OBLIGATION REFUNDING BOND
SERIES 20 10
Maturity Date Or,g 1nal Dated Date
REG IST ERED OW ER: Ced e & Co.
Tax Id entifi ca ti on Numb er: 13-2555 11 9
PRINCIP AL SUM: **DOLL ARS**
s ___ _
CUSIP
293 065_
The Cit y nf Englewood, Co lora do, a dul y c rga11i zed and valid!) ex isting home-rule
municip alit y of th e St ate of Co lorad o, fo r valu e rece ived, hereby promi ses to pay to th e order of
the reg istered own er named above , or reg istered assigns, th e pri nci pal s um stated above on th e
maturit y dat e stated above, with interes t on such princ ip al sum from th e ori gi nal dated date stated
above at th e int erest ra te per annum stated above (ca lcul ated based on a 360 -da y year of twel ve
30-day month s), pay abl e on --,-,---,-and ____ of eac h ye ar, commen cing ____ .
Ca pitali zed tenn s used but not defined in th is bond shall hav e th e meanin g ass igned to th em in
the Ordin ance of th e Cit y auth ori zin g th e iss uance of th e Bond s.
Th. principal of and inte res t on thi s bo ne\ is payab le to th e reg istered own er hereo f up on
presenta ti on and su rr ender of thi s bond at th e prin cipa l ope rati ons offi ce of UMB Bank, n.a., as
payi ng agen t, in Denver, Co lora do, or at suc h oth er office of the Payin g Age nt de sign ated by the
Payi ng Agent fo r suc h purpose . Int erest on this bo nd is paya bl e by check or draft of the Payi ng
Age nt ma iled on the Interes t Paymenl Da te to th e reg istered owne r hereof as of th e [fi ftee nth day
of tl1 e month imm edi ately precedi ng) [fi rst day of] the mvnth (w het her or not such day is a
Busin ess Day) in which th e Interest Paymen t Date occ urs; prov ided that , int ere st payab le to th e
regi stered ow ne o f thi s bond ma y be pa id by any oth er means agreed to by such regi stered
owner an d the Payi ng Age nt tha t does not requ ire tl1 e Cit y to make moneys ava il abl e to th e
Paying Age nt ea rl ier than otht . isc req uired und er the Ordinan ce or in crease th e cos ts home by
th e City und er the Ordinance; prov ided furth er, th at, so long as Cede & o. is th e reg istered
owner of th is bond , th e prin cipal of and in teres t on thi s bon d shal! be paid by wire tra nsfe r to
...:ede & Co . Any payment of p, inci pal of or int erest on thi s bond thdt is du e on a day th at is not a
Bus in ess Da y sha ll be ma de on the nex t succeed ing day that is o Bu sine ss Da y with the sa me
effect as if made on the day on whi ch it was origin all y r hedu led to be mode. All payment s of
4818 -3646-6 \J!il 2
principal of and interest on this bond shall be made in lawful money of the United States of •
America .
This bond is part of an issue of general obligation refunding bonds of the City designated
the City of Englewood, Colorado , General Obligation Refunding Bonds, Series 2010, issued in
the principal amount of s.,...,..---,-,.,---(the "Bonds"). The Bonds have been issued pursuant to,
under the authority of, and in full confonnity with , the Charter, the Constitution and the laws of
the State, including, in particular, Part 2 of J'.rticle 57 of Title 11 , Colorado Revised Statutes
(collectively, the "Act"); and pursUll.'lt to a ordinance adopted by the City Council of the City.
THE ORDINANCE CONSTITUTE!> THE CONTRACT BETWEEN THE REGISTERED
OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH
CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE
ORDINANCE , WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS
BOND .
The Bonds have been issued by the City for the purpo se of providing funds for the
Refunding Project described in the Ordinance. The Bonds are general obligations of the City and
the full faith and credit of the City are pledged for the punctual payment of the principal of and
interest on the Bonds. For the purpose of paying the principal of and interest on the Bonds when
due, respectively, the Council in the Ordinance has covenanted annually, to the extent legally
available moneys are not other.vise applied, to determine and certify to the Board of County
Commissioners of Arapahoe County, a rate of levy for general ad valorem taxes , without
limitation as to rate or amount , on all of the taxable property in the City, sufficient to pay the
principal of and interest on th e Bonds when due , respectively, whether at maturity or upon earlier •
redemption .
(The redemption provisions from Section 4 of the Ordinance and the Sale Certificate
shall be set forth herein .]
Notice of any redempti<'n ofBonds sha ll b~ given by the Paying Agent in the name of th e
City by sending a copy of such notice by first .:lass, postage prepaid mail , not more than 60 days
nor less than 30 days prior to the redempti o,1 date , to the Own er of each Bond being redeemed .
Such notice shall specify the number or nu •nbers of the Bond s so to be redeemed (if redemption
shall be in part) and the redemption date If any Bond shall have been duly called for redempti on
and if, on or before the redemption dr.l e, there shall have been deposi ted with the Paying Agent
in acco rdan ce with the Ordinance funols sufficient to pay the redempt ion pri ce of su~ ; Bond on
the redemption date , then such Bond s11all become du e and payable at suc h redemption dat e, and
fr om and after such date interes• will cC11Se to accrue thereon. Failure to deliver any redemption
notice or any defe ct in any redemption notice shall not affect the validity of the proceeding for
the red emp tion of Bonds with respect to whi ch such failure or defect did not occur. Any Bond
redeem ed pri or to its maturity by prior red emption or otherwi se shall not be rei ss ued and sha ll be
cance lled .
The Paying Agent shall maintain regi s::-ation books in which the ownership , transfer and
exchange of Bonds shall be recorded . The person in who se name thi s bond shall be registered on
such regi stration books shall be deemed to be the &bso lute owner hereof •o r all purposes , whether
481 -3646-6951.2 A-2
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or not payment on this bond shall be overd ue, and neither the City nor the Paying Agen t shall be
affec ted by an y noti ce or oth er inform ati on to the co ntrary .
Thi s bond may be tran sferred or ex ~h anged at th e principal office of th e Payin g ,.gent in
Den ve r, Co lorado, or at such oth er office of the Payin g Agent designated by the Paying Agent
for such purpose for a lik e aggrega te µrincipa l amount .if Bond s of other auth l)ri zed
denominations ($5,000 or an y integral multiple thereof) of th e same maturity an d intere st rate ,
upon payment by the transferee of a rea scnab le tra nsfer fee es tail li :,hed by th e Payin g Agent,
togeth er with any tax or governmental char ge requir .:d to be paid with respect to such transfer or
exchange and any cos t of printing bond s in c~nnection therewith . Upon surrender f0r tran sfe r of
any Bond dul y endorsed for tran sfe r or acc:,mpanied by an assignment dul y exec ut ed by th e
Owner or hi s or her atlo mey duly a•1t1ori zed in writing , the Cit y shall exec ute and th e Paying
Agen t shal l auth entica te and deli ver in G.:~ nam e of th e tran sfe ree a new Bond . Notwi th standing
any other provi sion of the Ordinan ce, th e ~ayi ng Agent shall not be requir ed to tran sfer any
Bond (a) which is sched uled to be redeemed in who le or in part between the Bu siness Day
imm ediat ely preceding the ma ilin g of th e notice of redemptio n and the red empti on date; or
(b) between th e Record Date fo r any Interest Payment Date and such Interest Pa yment Date.
The Ordinance ma y be amended or supplement ed from time to tim e with o, wi thout th e
co nse nt of the regis tered owne rs oftl1 e Bond s as provided in the Ordinan ce.
It is hereby certified that all co nditi ons , acts and things required by the Charter, th e
Cons tituti on and laws of the Stat e, including the Act, and th e ordi nan ces of th e Ci ty, to exist , to
happe n and to be perform ed, precedent to and in th e iss uance of thi s bond . exis t, have happened
and ha ve been performed , an d th at neith er thi s bond nor th e other bonds of the is sue o f which
this bond is a part exceed an y !imitations prescri bed by th e Charter, th e Constituti on or laws of
the State , incl udin g the Act, or th e ordinances of the City.
Thi s bond shall not be entitl ed to any be nefit under th e Ordinance , or become va lid or
obli ga tory for any purpose, until the Paying Agent shall hav e signed th e certifi cate of
authenti cati on hereon.
l N WIT NESS WHEREOF , th e City Co un cil of th e Cit y has ca used this bond to be
exec ut ed with th e si gn ature of it s Mayor and att es ted by the signature of it s Ci ty Clerk, and has
caused th e sea l of the Ci ty to be impressed or impri nt ed hereo n, all as of the date se t forth be low .
(C ITY SEAL] THE CITY OF ENGLEWOO D
By
~.~Jyor
Attest :
By
C.it y Clerk
4~1 8-)64 6-t,9~1 2 A-3
CERTlFICATE OF AUTHENTICATION
This bond is one of the bonds of the issue described in the within mentioned Ordinance.
Dated: ________ _
UMB BANK, N.A., as Paying Agent
By __ _
Authorized Signatory
ST A TEMENT OF INSURANCE
(Statement of bond insurance required by the Commitment , if any.]
APPROVING LEGAL OPINION
Set forth below is a true co py of the approving legal opinion of Kutak Rock LLP,
delivered on th e date on which the Bonds were origina lly issued:
[The form of legal opinion ofBond Counsel sha ll be set fo:th here .]
1, the undersigned City Clerk of tl1e City of Englewood , Colorado , do hereby cert ify that
tl1e foregoing app roving opinion of Kutak Rock LLP, Denver, Co lorado, is a true and complet e
co py of a manually executed and dated copy th ereof on file in the official reco rd s of the City.
48 18-3646-695 1.2
By (facsimile signature)
Cit y Clerk
A-4
•
•
•
• ASSIGNMENT
FOR VALUE RE CEIVED the undersigned hereby se lls , assigns and tran sfers unto
(Please print or typewrite name and address of Transferee)
(Tax ld entifica•io n or Social Security No .)
the within bond and all rights thereunder, and hereby irrevocabl y constitu tes and appoints
________ attorney to transfer the within bond on the books kept for , agis tration
thereof, with full power of sub stitu ti on in th e premises.
Dated : ________ _
Signature Guaranteed:
NOTICE: The signature to this assignment mu st
correspond with th e name as it appears upon the
face of the within bond in every particular,
without alt era ti on or enlargement or any change
whatever.
• Signat ure(s) must be guarant eed by a
national bank or tru st company or by u
brokerage finn having a members hi p in one
of th e major stock exc hanges .
TRANSFER FEE MAY Bl: REQUIRED
•
4818-3 646-695 1.2 A-5
•
•
•
COUNCIL COMMUNICATION
Date: Ag enda It em: Subject :
Se ptember 20, 20 10 9 c i Non-Emergency After-H o urs Service <:all C harg es
Ini tia ted By: Staff So ur ce :
Utilities Department Stewa rt H . Fonda, Director of U tilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMEN DED ACTIO N
The Englewood Water and Sewer Board, at its Ju ly 7, 2010 meeting, recommended Council adopt
a re so lutio n approving th e ch arges for no n-emerge ncy atts r-h ours serv ice calls .
BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED
Th e Util iti es D epartm ent ha s no fe es in pl ace to recove r expenses when cust omers requ es t an on-
ca ll , aft er-ho urs employee to resp o nd to a non-emerge ncy situation. Administ ra ti o n staff
encourages custom ers to ha ve th e service p erform ed during regular busin ess ho urs, but peri o dicall y
th e customer ins ists on an ev ening or wee kend appoi ntm en t.
U til iti es tec hnicia ns have be en call ed ou t after ho urs for no n-em ergency situa ti ons suc h as routine
p lumbing repairs , locatin g curb sto p s or turnin g o n a serv ice th at was turn ed off for non-pa y ment.
The proposed charg es would apply to non-em ergency ca ll ; o nl y, no t situa1;ons tha t can caus e
damage from water or se we r lin es.
The Boa rd has auth o rity pursuant 10 Amendment XX o f th e Col o rado Co nstituti o n and 31-35 -50 1 el
sq. C.R.S ., but th ere is no reference l o th e charge fo r after-ho urs calls in th e o rdin ances.
Th e an ac hed form has been approved by th e City Attom0 y's n• ice.
FINANCIAL IMPACT
A fee o f $150 for th e firs t hour and $75 p r ho ur aft er would b e bill ed l o th e prop erly fo r no n-
em erge ncy, after-hours Utilities D epartme nt serv ice c all s. Th e residen t req ues tin g th e service call
would have to sign an "Acknowledge:nenl o • A~~r-H o urs Service Ca ll Charge' fo rm before services
are rende red .
LIST OF ATTACHMENTS
Excerp t from the Wate r and Sewer Boa rd Minutes of th e Jul y 7, 20 10 Me eting
Ack nowledgement of After-Hours Service Call Charge Form
Re so luti on
•
•
•
•
•
WATER AND SEWE R BOARD
MIN UTE S
Ju ly 7, 20 10
The meetin g was ca ll ed to ord er at 5:07 p.m.
Membe rs prese nt :
Me.mbers abse nt:
Al so pr ese nt:
Bums, lark. Hi gday , Cass id y, Wigg in s, Habeni cht
Olso n, McCaslin, Wo odw ard
tewart Fonda , Director of Utilit ies
Bill Mc Co nnick , Operations Supt.,
Excerpt from P11ge 6 of th e July 7, 2010 Wate r 11ndSewer Board Minutes
7. NON-E M ERG ENC '' AFTER HO URS SE RVICE CA LL CHARGES .
The Utiliti es Depart ment currentl y has no fees in place to rec ove r ex penses when custome rs requ est an
on-ca ll , afte r hours empl oyee to res pond to a non-emerge ncy situ ati on. Staff en ourngc s customers to
have se rvi ces pcrfo nncd durin g regu\c.; bu sin ess hou rs, but pt'ri od ica ll y th e customer will insis t on an
eve nin g or weeke nd appo intm ent , for exa mple ro utine plum b,a ~ "~•.:rs or locatin g curb stops. The
propose d charges would apply to non-emerge ncy co il s onl y, and not situa tions th at co n res ult in damages
from water or sewer lin es.
A fee of$ I SO fo r th e fir st hou r and $75 pe r hour thereafte r would be bill ed to the propert y fo r a non-
emergency, after hour~ Uti lit ies Departm ent se rvic e ca ll . The res id ent reque stin g th e servi ce ca ll wo ul d
be req •Jired to sion .. n · Ack now ledgem ent of Afte r Hours Se rvi ce Ca ll Charge" fo nn before service s arc
rendered .
Mr . Bum s moved ~
Mr. Habenic ht seco nded :
Aye s:
Nays :
Members ab se nt :
To reco mmend Co un cil app roval of th e charges for non-
emergency aft er hours serv ice ca ll s of $ I SO for th e fir st hour and
$75 per hour th ereafte r.
Burn s. Clark, Hi gday, Ca ss idy, Wi gg in s, Hubc:1i ~lll , Woodwa rd
• Motion carried.
•
•
•
City of Englewood Water and Sewer Department
ACKNOWLEDGEMENT AND
AUTHORIZATION FOR AFTER HOURS
SERVICE CALL CHARGE
_____________________ t,h e owner or occ up ant of
__________________ _., Englewood , Co lorado , am the
perso n leg~:Iy responsible for th e water and sewer bills at this add ress, I understand and agree
that:
I) I have co nt ac ted th e Ci ty of Englewood 's Wat er and Sewer Department for th e
purpose of hav in g th ei r personnel co me to my house durin g non-business hours,
bu si ness hours bein g 8:00 AM to 4:30 PM , Monday th rough Frid ay, holid ays
excluded,
2) The purpose for my call is not an emcrgencv, I co uld have the Water and Sewer
Departm ent perso nnel co me to my home dur ing norm al business hours, but it is more
convenient for me to have th em come durin g non-b usi ness hours.
3) I und erstand th at th ere is a charge of $150 ,00 (one hun dred fift y dollars) fo r the fir st
hou r, and $75 ,00 (seventy fi ve dollars) per hour th ereafter for a non-emergency , afte r
bus in ess hours visit to my home,
4) I ag ree to pa y these charges , whi ch will be added to my regu lar wa ter bill as a special
charge ,
Owner or Occupant Date
Na ture or reason for th e afle, t1 ours, non-emergency ca ll :
• RESOLITTION NO. __
SERIES OF 2010
•
•
A RESOLVTION ESTABLISHING FEES TO RECOVER EXPENSES FOR
NON-EMERGENCY AFTER· HOURS SERVICE CALL SERVICES.
WHEREAS , the Englewood Home Ruic ChartCI", Section 123, requires City Couocil to set
rates for services provi ded by City owned utilities; and
WHEREAS , the City of Englewood Utilities Dcpanment has no fees in pince to recovCI"
expenses when customers request an on-call, aftcr-bours empl oy ee to respond to a non·
emergency situation; and
WHEREAS , Utilities Department technicians have been called out aftCJ"•hours for
non-emergency situations such as routine plumb ing repairs , locating curb stops or turning on•
service that was turned off for non-payment; and
WHEREAS, the proposed non-emergency aftCJ"-hours service call fees would not apply to
situations where the City dctCl"ffiines tbCl"C may be damage from water or SC\Ver lines ; and
WHER EAS , the Englewood Water and Sewer Board reviewed and recommended approval of
on-Emergency After-Hours SCl"vicc Call Charges at the July 7, 2010 meeting;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E GLEWOOD , COLOR.ADO, THAT :
Sect\vn I. The City Council of the City of Engl ew , Co lorado hereby establishes fees for
Non-Emergency Aft er-Hours SCl"vi ce Call Charges , as fo ll ows:
Non-emergency, after-hours utilities department service calls ... $ I St 00 for the t" hour
After the!" hour ......................................................................... S 75.001hr.
Th ese fees would be billed to the property for non-emergency , after-hours , utilities J :p,trtmcnt
Senice calls.
r,cs idents rnquo,t 'ng the non-e mer gcnc~ aft er hours , ,,,,;cc call would be required to sign an
"Acknowkdgcmen, Ar,tl Authori:zation For Afte, H0urs Service Call Chnrge" Form before
services an: rendered.
ADOPT ET> AND APPROV ED thi s 20th day of SC!)tcrnber, 2010 .
ATTEST : James K. Woodward, Mayor
~ ,fu . A. Ellis, City Clerk
I, Loucrishin A. Ellis, City Clerk for the City of Englewood , Colorado, hereby cenify the
nbovc is n true copy of Reso lution No .___, Series of 2010.
Loucrishia A. Elli s, City Clerk
•
City of Englewood
AGENDA ITEM 10 (a)
DATE: September 20, 2010
A Public Hearing to gather Input on the City'• propoeed Budget for 2011.
NAME ADDRESS
• • City of Englewood, Colorado
2011 Pro posed Badget
GeneralFud
SOURCF.S OF H INDS USES OF FUNDS
ec.n.JFudSo•rca
&>:mac
■ Sala A UK Tues
■0..,..fffknko
QPn,patyTu
□ Fr .. diaFea
■ Cuhinlll: ~Prvpmfca
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■Llam,cs4Pmnit,
■-□-Tobi""-
■Otlta'fluadla5"uas
TotalSourcaorFl.llldl
-.. -
%
Sll.216,000 "'' ,.,,.,.., "' 3,017,000 "' ,..,.,.., "' ~17.653 '" l .SO,.i~ .,.
l ,459-564 .,, -'" 575,100 1%
<ll.125 '" 200.000 '" 37.424,105
J.!:lt.204 '"
G«acnlF ... UNI
~
• Po&iccScl'Ylccs
... iffScmca
□Paru.a~Semca
OPulcW_..
■OcblScnice
........ ,U.lalllndftSffTiaa
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□ Cny Aaoncy", ()ft",c:,e
■Ch)'M ..... ,Ofllcr
■H-JtaoM:a -~C.-dl• .......
•"-
Toal~ o.-...._.,_
TOCIIIU..off_.
NctS.-(U911)ofF-'s
E.stifNICdFundBalance-J-,,1,2011
Eatilnad Fund Ballace Bd:ff R.aaves
&limlt:cd 1llla:laDd flnd Balanix-ODc:aaba-J I, 2011
SI0.S17,0U
7M5.775
5.969.SU ........ ,
l,07'-204 ·-1_344.SS6 ,......, ,.,,..,,. ,.,_,15
762.SII -m 411,102 m.-
90.000
40.441 .m
~
s ,_,
~
7,632.350
~
~
%
"" '"' "" ,.,.
"' .,.
'" '" "' "" "' 1"
"' '" .,.
100%
•
....
0
ID
,! ~ City of Englewood, Colorado
~~ 2011 Proposed Budget
~ i, All City l<'unds
-C===t
Estimated
Balance
January I,
2011
GOVERNMENTAL FUND TYPES
Sources of
Funds
Uses of
Funds
Estimoted
Balance
December 31,
2011
Genenl Falld l.r tire operatingfiu,d of tire City. It is iued to account for all financial resources
except/or tlw.re l'fl(/llind lo be accounted In another fond.
General Fund 8,130,814 39,943,309 40,441 ,773 7,632,350
Special Revenue Faadl account for tire proceeds of specific revenue sources tJiat are legally
rulricled to rxpadlture for specified pu1p0Jes.
Conservation Trust
Commun! Develo ment
DDno~s
Malle Center Tru,t
Parks and Recreation Trust
0 nS ate
276,856 484 ,000
290 000
119,856
29,433
227,432
445 ,943
370 040
Debt llerYlce Falld llCCOlllft, for tire accumulation and /Hl)'IINnt of long -term debt principal and
lni.rut otJier tlran long-term debt accounted for In enterpri.fe fonds .
Gcnenl Ob atlon Bond Fund 670 I 094 000 I 089 748 ll 922
•
Capital ProJect Fund, account/or ji11ancial resources to be used/or the acquisition and/or •
con.structlon of nw.jor capita/facilities (other than tlrosefinanced by p .,,rletary fonds or special
rewnufonds).
_P_ub_l_lc_lm~ro_vcm_cn_l _______ 496~666 ___ ~1 608 ,000
Ca Ital Pro ec:11 112 66 547 00
PROPRIETARY FUND TYPES
2,095 ,815
651 039
8,851
8 827
Eaterpriae Funda account for op erations financed and operaled in a manner similar to private
business enterpri.fes.
~ 9 283 804 4.16 1 710
Sewer 17 69 772 -1,287,260
Storm Drains c 358,981 685 833
Gol£Coune 2 256 636 45706
Concrete Utilit 695,171 276 789
~ Rehabllltallo-;;' I 000 000 933 430
loteraal Service Fuoda account/or the financing of goods or services provided by one
department or agency to otlrer departments or agencies of th e governmer.n and to c \er
governmental un its, on a cost reimbursement ba.,t.,.
179 046 358 900 479 76 7 58 179
728 847 2 128 71 2 095 308 7
896 357 800 992 796 ,232--9
I 011,!!!_ _1,445271 I 855 159 6
154,571 5,337 ,426 5 445,737
•
• AFF ID AV IT OF PUBLICATIO
•
•
Stu1c or Co lomd o )
Coun ty of Arnp:ihoc)
Tii is A Oki:\\ ii of Publicaoo n for the ENG LEWOOD HEH.ALD.
11 wei:k l) nc ,,spapc r, pr inted 11ml
pu bli~hcd for 1hc Co unt y of Am11:1hoc, S111 1c of Co lom do,
hereb y ~c rtift cs that th e 11 t111c hcd legal no1icc was
publi shed in sui d new paprr once in eac h wed :, for _J__
succcss hc weck(s), the 111~1 of " hi ch public uuon
wus m1llk 1mor to lhc 17h1 Jay of Se ptem be r A.D ..
20 I 0, and th:u copies of e:ii:h number of suid
11apcr 111 "h1ch saul l'u bhc 'oucc ,_,11~ puhH,hcd
were dc h\'c rctl by cu rric rs or lntnsnutt cd by mnil
10 each of the sub sc ri be rs of stud 1)apcr. accu nling
to th c1 t 11cc11stomcd mode ofbu~in,·ss m th,s offi,·c.
for th,• l:.n glewood 1 k mld
S111 1e of Color:u.lo I
Cuunt yof Ar:i pah,k.' \
The t1htl\c Affitl:n 11 tt lltl C'cr11fic11 1c 11 1 l'ub\icn \11111
was su h~cnbcd :rnd s,,nm to bcl b rc me lw 1hc
:1bovc-n:nnl·d J/\~IES ;\. DIAZ. l1rcs1 dcn;/Puhlis hcr ur
JEREMY 11 /\NGS . M 1111,1gmy EU11or o r said
ncwsp:11le r, \\Im 1~ 1,cr..1 1r1,1lly \.;1101111 lil me hJ Ix: lh c
nkntkn l pcrim, 111 lhc nl,Cl\'c cc r1ilku1c 1m 1!11s
171h ti:\)' orScpl;:mhc r A .11 .. 20 10.
~l1tr11')' 1'11hl.c, I 2S Stc11hu111c l'h1rc .
Cibik Rod,. CO 80 109
My Coovnlss\00 e,piM16 1)4112/2011
u c ~• ce CITY Of EHQt.£W000
NOTlCE 0, P\.eUC HlAJal+Q
onl01t~Dull99t
...,..,._20,2010
Notlc•lt1Mf'M)'91ffnf11t1MClty
Covnc.H of 1M City of Englewood,
Colorado wit' flold. P\IM!e HMrlno
onlh■Z011PIPP9tlSIDYlhltl°"
M011d1 r,H:PflMBl!R%'1,20IO,II
7:)0 p,m., In lM City Co..,,cH
Ch1fflbers 11 Eng'-od CMc
c.nw, 1000 Ene-oc! P,mn.,,
En1'-oocl,C°'°'8R, lMIN'1NIN
of.,_"-■rl"tl■lorac;lllv1lc111Hn
lnp11t tone.,,..lno 1M 20 11 PropoHf
Budttt,
lnterN.., putiH M■Y UP,HI
llfMnlon, Ill .,.,_on •t th■ Pubk
He1rlng,M lnwrttln1,tob4rKlln'H
l,yltl1 Clt,Cliftl byl:OOp,m,on
llptllmb4r20, 2010. An ron•'-'•hlng
to11111k1t1MP11bllc He1rlngm1 y
c1U1MCltyCi.rt1'10ffle1,
,OUIU407MlOJ.712.240 .. lo
1CMdulllhllrprMll'!t■II011ot lll on•
up1hNt'llflllb41vaH1 bl11tll'l1 foo,.
a., Dl'Oll'ol lhlEngt-odCUr
Councll
l-rl■hl■ A. Elll1, MMC
Clty Cllrll,Cltyol l!n~
1000 Engi.-od P1rtrw1y
f!n9i.woocl,~1R10t 10
LfplNolkt No., 393 /
r1rs1Pubhut10l'l:Sf-pltrnbft'J,20IO
Ult PubllC Al !oi,, Septembtf 17, 20 10
Pub111Mr r (n ewooclHtHIII
• PROOF OF PUBLICATION
City of Englewood , Colorado
Official Webs ite
www .englewoodgov .org
I, Loucrishia A. Ellis , City Clerk , for the City of Englewood , do solemnly swear
that the attached legal notice (Notice of Public Hearing , September 20 , 201 O on
20 11 Proposed Budget) was published on the Official City of Eng lewood Website
• from September 1, 2010 through September 20 , 2010 .
•
State of Colorado
County of Arapaho e
ss
Subscribed and sworn to before me on th is 20th day of Septem be r, 2010 .
My Commission Exp ires : //, D g · Z-O I Z...
SEA 1YfW fllJ.s,_,
QTARy
•
•
CITY 0F ENGLEWOOD
NOTICE OF PUBLIC HEARING
on 2011 Proposed Budget
September 20, 2010
Notice Is hereby given that the City
Council of the City of Englewood,
Colorado will hold a Public Hearing
on the 2011 Proposed Budget on
Monday, SEPTEMBER 20, 2010, at
7:30 p.m ., in the City Council
Chambers at Englewood Civic
Center, 1000 Englewood Pa rkway,
Englewood, Colorado . The purpose
of the hearing Is to receive citizen
input concerning the 2011 Proposed
Budget
Interested parties may express
opinions in person at the Public
Hearing , or In writing , to be received
by the City Clerk by 5:00 p.m . on
September 20 , 2010. Anyone wishing
to speak at the Publl .., Hearing may
call the City Clerk·-. Ot'flce,
303.762.2407 or 303 .762.2405 , to
schedule th11l r presentation or a sign-
up sheet will be available at the door.
By order of the Englewood City
Councll
Loucrishia A. Ellis, MMC
City Clerk, City of Engle wood
1000 Englewood Parkway
Englewood , Colo rado 80110
PUBLISHED : September 1, 2010
Official Web 11ite of the City of
Englewood , Colorado
September 20, 2010
The Honora bl e Jim Woodw ard , Mayor , and the Englewood City Council/City Ma nage r
Please ac ce pt the attached reco mm e nd ations that address fi sca l and servi ce opportunities in th e recycling,
energy and other fields . I'm a se lf-employed write r and ene rgy eco nomi st. While conducting re sea rch on loca l
governm ent s where I li ve . I've discovered issues that are crucial to all local governme nts in metro Denver. I
wanted to visit Englewood at the beginning of thi s dissemination pro cess since the City is alr ea dy a rec ycl ing
service and energy e ffi cien cy leader. I've prepared th ese recommend ati ons for all Denver area loc al
governments with eac h entity varying in their hi story and capacit ies . IJeyond assisting cities and others just
starting down these paths, the recommendations also will help lo ca l governments that are ad vanced in one or
mor e of these areas . These recommendations are provided in a purely positive, cor,structi ve spirit to move
forwa rd from this point to deve lop policie s to improve se rvi ces, to save money, e nergy and water, and to
protect th e sec urity and eco nomic vita li ty of cities and co mmunities. How eve r, th ey also act as a fri endly but
firm notic e mi d benchmark that all loc al gove rnm ents ca n do mor e through waste redu ction and effi cie ncy
meas ures. I appreciate the op por tunity to participate in your budget process. I offer to meet with you and /or
staff on a one-time grati s bas is to exa min e these recomm e nd ation s furth er and to cunsi,Jer th e·ir application.
SUMMARY
• All municipalitie s and lo ca l governments can adopt perp etual budget miss ions, goal s a~d policies that require
the cost-effectiveness eva luation of all purchas es, whether connected to capital projects, c:;,~struction, bu ilding,
main te nan ce, supplies, equipment, et al., in cl ude o calc ulation of the mon ey saving s prodo ced bj the energy and
water efficiency qualities of the se purcha ses. This language is the "te eth " to assure th at opportunities to sa ve
mon ey through energy and water efficie ncy purchases are never lost.
• All munici palities and other local governm ents ca n activate existing , or create new, volunteer task forces ,
advisory co mmittees, et al., to be part of the annual budg et process to ass ist lo ca l go ve rnm ents develop and
imp leme nt low and no-cost waste reduct io n, energy efficiency and other measur es tl,at save expe nditures and
impr(lv e services.
• Fair fe e assessments on waste, or tra sh, haulers/recyclers ar e necessary for muni cipa liti es and other loca l
gove rnm ents to cover the large environme ntal costs and impa cts th ese firms impose on lo cal governme nts. Some
trash haulers/recyclers are already forcing custo mers co pay th em environm ental fees through automatic,
unreg ulated and unfair billing assess ments for environm ental costs associaterf with th eir tra sh hauling and
recycling business operations. Eng lewood also co n work to assure the City an d its residents and bu sin esses are
fair ly compensated by trash haulers/re cyclers from "waste-to-energy " and other projects that use these
environm ental fee assessments and tra sh as free capitol for project developme nt.
• Another co nsideratio n for cities and other lo cal governme nts is to setup a one-provider trash hauling system
similar to large homeown er associations where one trash hauler/recycler se rve s an entire jurisdiction. Since this
will res ult in even higher profit margin s for wi nn ing trash hauler/recycler bidde rs, municipalities are in a pos ition
to get better dea ls and se rvi ces from trash haulers/recyclers.
Thank you for your cons id e ration . I look fo rward to hea ring from you soo n and will also fo ll ov, up wit h the
City Manager.
Bill Schroer
3 164 W. Mil an Ave .
fJe nver, CO 80236-6 132
303.948.1865
bi ll sc hroer@ qwe stoffice.ne t
INTRODUCTION
Today, municipalities and other local governments face historic budget ;,nd fiscal
pressures. Anemic local and national economies, persistent ch;,llenges t9 taxation
and government s pending a nd the changes demanded by the t·;a nsition from fossil
fuel-based eco nomie s all contribute to th ese pressures. Cities and loca l
governments are compelled to cu t costs and services . However, in this environment
there are opport·mities for local governme nt s and thei r resident s and bu sin esses
anJ below are reco mm endation s from the recycli ng, energy and othe r fields. Some
cities have begun pursuit of me as ures that save energy, thereby money , and
im prove quality oflife. Some of these efforts are quite deve loped inclu ding th e
formation of policie s and se rvices that can a :commodate more advanced measure s.
Other local governm ents ma y need to sta rt 1.-~~-~ beginning but can easily crea te
new po lici es and services to ma ximize opportunities from chang in g fiscal , eco nomic
and energy co ndition s. Ci ti es and local governme nts can target the benefits
provided by new activ iti es and enterpris r s such as loca l foo d rroduction and sa les,
alte rn ative transportation services, re newa bl e energy gener:.tion, hou si ng stock
reh abili tation and waste reduction efforts. For examp le, beyond the simp le
community ga rd en project, lo c?.i governments ca n work to convert little used or
vir tually unused city assets , facil ities ur land , including parkla nd, to urb a n farms ,
energy (solar) developm ent park~. a foe-based comm unity cannery and food
preservat ion facil ity, et al.
BUDGET POLICY
All municipalities and laca l governm ents co n adopt perpetua l budg et mi ss ions, goa ls
and policies that require th e cost-effective ness evaluation of all purcha ses, wh eth er
connected to capita l projects, construction, buildmg , maintenan ce, supplies,
eq uipm ent, et al., include a calc ulation of the money saving s produced by th e energy
and water efficiency qualities of these purcha ses. This include s purc has es th at may
have a higher initial cost but will yield grea ter do ll ar sav in gs when li fe-cycle
efficie ncies are co nsid ered, even if reasona bl e discount rates are affix ed to the
high er initia l cost in crement. Lo ca l governments have long, perhap s ten years or
greate r, life -cycle pay back pe n cds to maximiz e mon ey, energy and water savi ngs.
For exa mple , compact nu orescent light bul bs a re several times more energy effi cient
and dura ble th a.;, old-fa shioned in ca,,descent bu lbs th ereby cutting electricity
consump ti _on , uti li ty bill s and replaceme nt cos ts. Yet, compact nuor esce nt bulb s
have a hi gh er retai l co st over incande sce nt varieties . A simpl e calcula ion ca n
determin e when the money savi ng s from compact nuore sce nt bulb s pay For and
then exceed their initial high er cos t. The ability to ca lcu late dir ect eco nomic
benefit s from s pecific measures continues to advance . For examp le, the fina ncia l
benefits ofan energy efficie nt li ght bulb co nv ersion program not on ly wou ld
eva lu ate the utility bill savings from reduced ene rgy use, but the lower labor and
maintenanc e costs associated with energy dficie nt bulb s due to their longevity.
Furna ces and air conditionin g a ppli a nces are t,vo oth er of many more exam pl es .
It 's like ly th at many cities and oth er loca l governments follow a si mil ar poli cy with
many large purchases and on an occas ion al ba sis wit h other purch aser . Th e above
recommend ed mi ssio n, goal and policy would app ly, on a perj)etual rasi s, to all
purchases, where re lia bl e, quality energy and water saving choices exi st. It would
not have to ap pl y to very small , or de minim us, purchases or purcha ses where th e
energy and water sa vings ' co mpari so n doe sn't app ly, e.g., tow els for recreatio n
facilities, mandatory safety equipm ent, etc .
/Mrl.EMENTATJON
Th e abov e recommendation is a proven , well-dev elop ed course of ac ti on ,:,at ~,a ny
public and priva te enti ti es have used to save money qui ck ly. It will require staff
time and effo·t and perh a ps som e trail'.ing, however , it will not requi re addition al
staff to implement it. Government agency staff can handl e th is responsibility eas il y
es~ecially when in~entivized with substantial money and budget savi ngs as fruit for
th ei r labor. Moreover, in 2010, t~e arra y of qu ality, dependable energy and water
sa ving devi ces, eq uipm ent, prnd1,ct s, et a, .. is so pl entiful th at the chore of mak ing
the best buy has become eJsy, es p.:c ially wi, .. th e as sistance of reputable product
representatives who know well the perform a 1ce and application of the se material s.
Plu s, oth er fr ~e technical assistance is ava il a bl e to loc al governments. For exa mpl e,
the Colorad o Governor's Energy Offi ce has a 35-ye ar hi story of ass isti ng loc al
1:ov ernm ents mak e rus t-e ffect iv e energy and water savi ng purcha ses. Tough , 21"·
,·0 ntury firn,: will r,xpa nd and lo cate in areas wh ere local gov ernments have
ac hieved op~rati onal stability through effec tive leade rship th at includ es energy and
wa ter sa ving policies and se rvices consistent with th ese firm s' ow n efficient survi val
practices.
LOW-COST /NO-COST
Num ero us low or no -cos t energy and water sa ving activi ti es ca n sa ve municipaii ties
and oth er local governments substa ntial sums of mon ey. Fo r exa mpl e, so me city
vehicl es ca n eas il y be eli minated and re pl a~ed by bi cycles, ne ighborh ood electr ic
ve hi cles or oth er ru gged, top-qu ality alt ern ative s that wi ll also yield large
mai nte nan ce cos t sav ing s. Th ese alt ern ative s to drivin g ca ,, a bly fu lfill many loc al
govern ment d uties includin g th ose that must be perfor med by co de enforcem ent,
park a nd rec reation , poli ce and oth er departments. Im agin e thr budg et sav in gs if a
ci ty elimi nated severa l gasoline-pow ered ve hicles eac h year fo r sev eral yea rs? Al so,
many s impl e, low or no-cost rec ycling meas ures ca n sig ni fica ntly redu ce muni cipa l
tras h haul ing costs or provid e new revenue to loc al gov ernm ent s via dir ec t sa les of
hi gh-va lu e recyclab les.
Plus, thro ugh a po li cy of making better use of ex isting, ex pensive lu main tain , as~c,s
citi es may be ab le to ea rn reve nu ec witho ut new spe nding . For exa mpl e, as noted
Jbove, local gove rnm ent s can lease or se ll littl e use d or virt uall y un use d park and
other land to urban food producers . Mov eme nt tow ard thi s opt!cn ,.as alr eady
3
begun in the City and County ofDenver park syste m and other systems wi ll begin to
hike bri sk ly on thi s path in the next severa l years. Citizen demand to us e loc al
publi.c lands for these type s of purpo ses will increase as the fossil-f uel based
eco·,1omy cr mes under greater stress . Finally, for parkland and public facilities that
pay their way or are used reg ularly , chang es an d improve men ts at them in
maintenance and energy and water use pro ce dure s can produce substantial mon ey
savin;:s. i::xamples her e includ e elim ination of wasteful wate rin g and land sca ping
practices and termination of inefficient and excess iv e use of muni cipa l vehicles.
All municipalities and other lo ca l gov ern ments can activate existing , or create new,
volunteer tosk forces, advisory committees, et al., to be part of th e annual budget
pro cess to assist local governments deve lop and implement low and no-cost measur es
that save ex penditures and improve se rvices.
WASTE HAULING/RECYCLING
Fair fe e assessments on waste, or trash , ha ulers and/or recyclers are necessa ry for
munici palities and other loca l governments.
Two of the trash hauling/recycl ing firms deliv erin g serv ices throughout met ro
')enver are be hemoth, unreg ulated corporatio ns that have devised ex ces si ve and
•.,;fair billing and pricing practices through the use of"fuel-cos t adj ustm nts" and
,·1viro nm enta l" charge s. Ot her metro Denver tras h ha ul ers/recycle rs also pass
alo ng rate increases in a simi lar fas hi on with out reg ul atio n or rev iew . Th ese firms
a ppl y these assessme nts, th at now are to taling about $40 .00 annua ll y per
res identi al custo mer, to cove r fuel cos ts, operatio nal costs, landfi ll mainten ance and
deve lopm ent charges, env iro nm enta l cos ts assoc iated with trash hau lin g and eve n
to help capitalize waste -to -e nergy prod uction pl ant s. The se adju stments a nd
charges a:·e reminisce nt of unfair elec tric , gas and phon e utility billing and pricing
practices that we re killed off long ago. Th ese trash hau lers/re cycle rs have the
temerity to make such assessme nts wh il e their smoky vehicles may onl y run at a
pitiful 3 to 4 mil es per gallon and inflict signi fic ant cost s and imp act s on
municip a lities suc h as str~e t and all ey dam age and air and noise pollution .
Moreover, as noted a bove , tras h ha uling/recycl in g corporation s arc investing in
waste-to-e nergy proj ects fro m th e trash and even funds su pplied by customers
thr~ugh add-o n env ir onmental charges without any compensation to cus tome rs or
municipa lities for thi s freP capi tal. All loca l government s should revi ew thei r
curreo1t fee, li ce nsi ng and oth er non -tax assess ment s applied to tra sh haul ers and
recyclers to be certa in that these firms are paying a fair amount to co ver the costs
and imp ac ts they impo se on co mmunit , • and loca l governments. Municipa l codes
mu st foste r compet iti ve conditio ns amo ng tras h haul ers/recyclers to prevent them
from autom atica ll y passing onto customers fees assess d by loca l governments .
Moreover, in th e case of th e two nation al trash haul er/recycle r giants that £e rve
metro Denve r, their environm ental charges are set on a national cos t recovery basi s
so new tra sh haule r/recycler asse ss ments from me tro De nver loca l gover nm ents
can't cause rate increases unless th e tras h haulers/recyclers have corrupt billin g
pr actices.
4
Another consideration for cities and otr ~r local governments is to setup a one-provider
tras h hauling system similar to la rye homeowner associatio ns wh ere one tras h
hauler/rer;c/er serves an enti r,, jurisdiction. Since th is will result in even higher profit
margins for winning trash hawer/recyc/er bidders, municipalities are in a position to
get better dea ls and services[' om crash hau lers/recycle rs and to again ensure thes e
fir ms fully pay for the costs and impacts they impose on commun ities and local
governments through fair fe,1 assessments.
The case to assess 'ees on tr as h haulers/recy clers to cover th e damage, costs and
im pa cts th ey impo~c is as clear as the mornin g sun . Local gov ernments would be
fisca ll y irr es pon sibl e if they did not app ly fair assessments. How ever, it 's also
impo rtant for local governments to deve lop a tras h haul er/recy cl er fee sys tem to
ensur e fa irn ess and fiscal integrity in the futu re. For exa mpl e, beyo nd waste-to-
energy pl ants, muni cipa l so lid was te repre se nts enormous stores of unus ed energy
that can be tapped through a va riety of method s or "mined" to cull out metals and
other val uab les. This waste has a high er valu e th an s imply "trash" and rep rese nts a
natural reso urce crea ted by reside nts and bu si ne sses within a lo ca l government
jurisdiction. Prese ntl y, only tra sh hau lers are ea rnin 6 mo ney off this fr ee natu ra l
reso ur ce. Munic ipal itie s and ot her loca l governments should require that trash
haul ers co mp ensate them and custo mer s, to so me deg ree, for thi s va luabl e
extraction. Moreover , a tra sh haule r/recy cl er fe e sys tem, to th e extent th at it
enco urages r,reater recycling and was te reducti on, may be the basis for local
go ver nm en ts to co ll ect ca rb on redu ction credits in th e futur e. Othe rwi se, tra sh
haul ers/recyc lers may take the se credit reward systems awa y from loca l
gove rnm en ts.
September 20, 2010
City Council Members
Englewoo ... City Council Meeting
2011 Proposed Budget
Good Evening. My name is Ida May Nicholl and I live at 4740 South Lipan St .
I am greatly opposed to dipping be low a 10% Reserve for our City, it is dangerous
and foolish . Did Windsor CO and recently New Y r k City ever believe they would
be hit by a devastating tornado that destroyed everything along its path? No I
don't believe ~o .
It doesn't have to be just a natural disaster. We are all in an economic survival
whether we still have a job or have a high salary . What happens next year and
the following years -dipping into the reserves to balance the budget? In the next
few years or more, this economy does not sound or look promising.
Englewood is not a huge growing city and the competition from River Point must
be hurting some of our business folks, or probably will be as River Point continues
to grow. Ancl look at our many families that are hurting and struggling.
To quote just three examples in this morning's Post were headlines that read :
RETAIL WORRIES PARKER LEADERS : Parker's vacant retail space numbers more
thar 65 for rent or sale is concerning community leaders and Realtors . "It really is
a black hole," said Tim Dana hey, a Parker community activist. "What I'm afraid of
in Parker from just looking at all the vacant storefronts is that there will be
owners that walk away from their buildings because they don't have tenants,"
said Carole Schumacher, executive vice president of BRC Real Estate in Parker that
handles commercial properties. How many vacancies will Englewood have with
lost revenue?
INSURERS WANT HIKES: Health reforms, cost of care cited as groups mull merit of
rate requests . At least six major companies (so far) including Anthem, Aetna,
Cigna and Humana have said they will stop writing new policies for individual
children not covered by their parents' or other plans, insurance officials said .
They blamed health reform mandates taking effect. Some ot the same insurers,
meanwhile, have filed proposed rate increases with Colorado for individual
polices, hiking premiums by up to 27 percent regulators said . How do you think
these effects fam i lies? Man just another tax hike!
LOST WEALTH-REBUILDING A NEST EGG IS A STRUGGLE : Discouraging returns
over t he past decade and a sputtering economy that have few signs of reviving
soon are raising acute doubts about those traditional investments, leaving many
families confused and frustrated over how to secure their financial future . The
economic downturn has been wrenching, even for those who pay the i r bills and
have jobs . Ann Un itas thought she was on track for a comfortable retirement. But
as the recession took hold, she watched her retirement account drop by about
half. It happened too many of us . "I was terrified when I saw the 401(k)
damage ," Llnitas said . "I can't wrap my head around how it'll grow back ."
Financial planners tell clients to downgrade plans, lower expectati o ns .
Please , you as Englewood City Council must take the responsibility of your job to
look down the road to future years, not just at next year how city finances will be
spent . Make harder cho ices as to where to make the cuts . What is always
expected is to make the cuts at the bottom end where our valued policemen and
firemen are let go. The top end and overhead is not scrutinized as it should be .
Perhaps some departments could be combined or work on other creative ways
where spending is so high and lower it, downgrade . You have some pretty smart
employees working there ; use them and their ideas, not just at the higher end,
but the lower end as well.
This is one example of what I am talking about and maybe you can help me out on
this. What I do not understand is the City o f Engl ewood is a small community and
yet it takes two city managers to run things , how is this so? According to this
proposed budget there is $664,732 dollars budgeted for this department alone
with five employees! Could you please tell me why? Could you please tell me
what the Legislatic,n -City Council & Boards at $357,380 dollars is ?
I am very disappointed to find out that this is a 2011 City of Engl ewood Proposed
Budget for the citizens to review and yet there is no information on what the City
Council has budgeted for itself. As you well know, I have com e before you twice
this ye ar speaking against t ax pay er's money being spent on tri ps and convention s
when there are other ways of becoming informed on the responsibilities' and
duties of your job. I asked my district councilman Rick Gill it for the proposed
Council Budget to review and he was informed by Mayor Woodward that it would
not be provided to him until September 25 1
\ Is this standard procedure and why?
I appreciate and thank you for answeri ng my questions.
Sincerely,
Ida May Nicholl
Sep tember IS. 20 I 0
Mr. Ga ri Sca rs
City Mnnngc r
Cit y uf Fng lrnood
I 000 Englewood Parkway
Englewood . 0 80 110
Dear Ga ry.
CRAIG HOSPITAL [I!
I :1111 ,,ritin g in re ga rd s 10 your cm rcspo ndc ncc of Augu st 27. 20 10 mJdrcsscd 10 Mr. Lee knn s
m::-E:1gi11.:c;-ing Direc tor !tcrc :u Crai g ! !os pi1ol.
In my pos iti on here nt Cra ig I los pitnl. I tml y cn n undcrsland and apprecia te the dimcu lt ics in
dea lin g wi 1h budge t iss ues tl mt impact our abili ty to co n1 i nu c to provide 1he level of services 10
th ose we nrc priv il ege d to serve .
T:•.11 bei ng sai d. I foc i t!mt the eli minat ion of th e art bu s service wi ll h:n•c n ~ignifi c:1111 nc gntivc
irn pnc t on our Englew oo d ret ai l opc rni ions 11 11d the Crnig pa tie nt s an d fami li es 1ha1 use th e :irt bus
se n ice to gl!t to these b11 ~i th.'S cs.
I know th nt our Crn ig I luspirn l pntic nt s nnd th eir fn mili cs arc s ignit ic.111 1 us rs of thi.: ml bu~ a~ ii
\\U) to get lo loc:il rc1nil nn d rcst aura11 1 csta hli shm cn1 s. I 1hi11 k we ,q11lld nlso ri.:"-·ogn iZl' th i.: Hduc
1hat this 1r:111 sp1mntio 11 scrvi•.:c Im:; in n.:gnrd s to rc\'c nuc fo r thl·sc loc al Fn!:,'.lc wood
cs 1:ib li sh111 c111s .
I wou ld as" 1h a1 yo u imd 1hc Englc\\ood it ) Co unci l con s ider the pOll.'n tia l 11cga 1ivc impac l th a1
th e cli min:11 1011 of th e art hus w(,ul d have on our loc:1 1 busine ss co mmuni ty.
11: fo ll o"ing th is con sidera tion. Cil y lcacll·r~hip s1i ll fed i1 nc ccss:iry 10 dimirm ll' 1his va hrn blc
lran sportatio n scrv icl'. I \\Oulcl suggl'st th:11 Ci1y lcackrship :md 1hc major l'mpl o)i:r, and rl'l:11I
ow ners or En glewood. tha1 arc co11\·c11 h:ntly loc:i lcd in proximi 1y o r lh l' art bus rm,ti.:. !!?::•·t :o
di sc uss ho,, a co ll nhor:11i,c pa rtncrship in sha ring 1he co st of thi s operati on co ul d bi.: a "in-,, in
for all im oh•cd .
I wo ul d cc 11ain ly bl.' happ) 10 me cl wi th )llll and oth er Cil) :md b11s i11css lcadl'rS tn <11 .:c uss 1111~
"uggcs li on.
Thunk )llll for tuk in g 1hc time to co ns ider 111y rcco 111111 c11 d11 1io11 .
~;:~d/~
M ikc Fcrclycc
Prl'si Jcn1 & CEO
342 5 South Cla rkso n Street • Eng lewood , Co lorado 801 IJ • 303 -7 89 -8000 • www.craighos pilal.org
IF YOU WANT TO HELP SAVE
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COUNCIL COMMUNICATION
Da te : Agend a Item : Subj ect:
Sep tember 20, 20 I 0 11 Ci Reso lution A ll owing Publi ca tion of Counci l Bills 111
th e l ega l Newspaper by Tit le Only
Initiat ed By: Staff Source:
Finance a1lcl ,':. frT1:nis trative Services Department Fra nk Gryglewicz, Directo r of Fi n ance and
A dminis tr ative Serv ices
City Cle rk's O1 fice l o ucrishia Elli s, City Clerk
COUNCIL GO Ai •t l .O PREVIOUS COUNCIL ACTION
O n Janu ar1 \ 199tl •~ity Coun cil d es ign ated th e Englewood Herald as the lega l newspape r fo r th e
City of Englewood •ntil modified by the Ci ty.
A t th e Feb,u,,y 4, 2008 Ci ty Council Study Sess io n, Cou nci l di sc ussed the iss ue of all owing
publicatioo of I ~•I notices by publishin g o n the City 's official website or publi sh in g in th e
newspap el desig nated by Ci ty Counci l as th e C ity's official newspaper.
On Jun e 16, 2008, O rdina nce No. 24, Series o f 2008 was approved amendi ng th e Englewood
Municipal Co de 2000 to all ow th e p ubli ca tio n ol legal 110 1ices by either publi shing on th e City o l
Engl ewood's official website or pu blish ing in th e news pap er designa ted l;y City Cou nc il as th e Ci ty's
offic ial newspaper.
At the August 16, 2010 City Co ·111 cil Stud y Se ssio n, th is was discussed and City Council gave
tentati ve app rova l to allow pub .. ca ti on of council bi ll s in th e lega l news pap er by title o nly.
RECOMMENDED ACTION
Recommenda tion to adopt a reso lution approving a lega l pu bli ca ti o n process to allow th e
pub lica ti on of council bi ll s in the City's lega l newspaper by titl e o nl y.
The Englewood H ome Rul e Charter A rticle V § 40 states th at 'up o n int rod ucti on, th e bill shall be
published by r forence or in full as Cou ncil may determin e'.
BACK GROUND , ANALYS IS, AND ALTERNATIVES IDENTIFIED
Du e to th e Cit y's current budg I si tu ation, we are seeking pe rmi ss io n to publish coun ci l b ill s in the
Englewood Herald b)' titl e on ly.
ur c urrent practi ce is to p ubli sh council bi ll s in th eir enti re ty uni ss we hav" a largl! attachmen t. In
that instance, th e coun ci l bill indica tes th at, pursuant to th e Charter, a copy o f th e allachmen t shall
not be published beca use o f its size and a copy is ava ilable in the City Clerk's Office. W e w ill
cont inu e that practice fo r all lega ls publi shed o n th e City's offi ial webs it e.
FINANCIAL IMPACT
$25,000 ri,du ction in the City Cle rk 's 20 11 Budget.
LIST OF ATTACHMENTS
Proposed Resolution
•
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• RESOLlIT ION NO.
SERIES OF 2010
•
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A R.ESOLlITION ADOPTING A LEGAL PU BLI A TIO N ?ROCESS TO ALLOW THE
PUB LI CATION OF COUNC IL BILLS , TN TH E LEGAL NEWSPAPER. BY TITLE ONLY
WHlLE CONTINUING TO PUBLI SH THEM IN FULL ON THE CITY OF ENGLEWOOD 'S
OFF ICIAL WEBSIT E.
WHEREAS , the En glewood Ci ty Co uncil understands that mo re and moro citirens are
receiving infomwtion through the World Wi de Web; and
WHEREAS , the provis ions oflhis Resol ution pro vide for the greatest disseminati on of
information re gn rdi ng mnuers of publi c concent to the citizens of Engl e• ,ood, Col orndo ;
WHERE AS, Ordinance No. 24, Series c,f 2008 pro vi d~s th at whcnever publi cation shall be
required by the Chnner , th e Colorndo Statutes. or ordinances, such publicati on sh~II be made by
publishin g on the City's offic inl website or by publi cn tion in the newspnper de ignat ed by the
Cit y Council as the Cit y's officia l newspaper.
NOW , TH ERET'O RE , BE TT RES OLV ED BY THE CITY CO CIL OF THE CITY F
ENG LEWOOD , COLORADO , THAT :
Section I. The it y Cou nci! of th e Ci !y of Englewood , Col ora do hereby appro ves n le ga l
publicntion process to all ow 1ne pu bli cntion ofCounc,1 Bill s, in the lega l news paper. by ti tle onl y
whil e continuin g to pub li sh 'u fu ll on th e Cit y of Englewood 's officia l website .
ADOPTED AND APPROVED thi s 20th day ofScp 'ember, 20 10.
ATf EST . ;am es K. Woodward , Mayo r
Loucrishia A. Ellis, Ci ty Clerk
1 Loucrishia A. Ell is , it y Clerk for the ity of En~:ewood. Colorndo . hereb y cenify the
above is a true co py of Reso luti on No . __ , Series of20 I 0.
-l oucrishi a A. Elli s, Cit y !erk
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RESOLUTION NO .
SERIES OF 20 10
A RESOLUT ION OPPOS ING PROPOS ITI ON IOI , AME DM ENT 60, AJ\D AMEND MENT
6 1 AT THE NOVEMBER 2, 2010 ST ATE WID E GENE RAL ELECTIO N.
WHEREAS , Stote vote rs will have the opponunit y at th e November 2, 20 IO Statewide
Ge nera l Election to protect the fisca l heal~, of loca l gov ernment by defeating Proposi tion IO I ,
Amendment 60, and Amendment 61 ; and
WHEREAS. durin g this current eco nomi c downturn, th e Ci ty of Englewood has imposed
empioyee furl oughs; eliminated important Ci ty posi tions; has cut back on parks maintenance and
commun ity progra ms ; and deferred ca pital co nstru ction and oth er co mmunit y developme1,~
ac tivitie s; and
WHEREAS , these measu res indi vi duall y and co ll ecti ve ly. significant ly redu ce or otherwi se
re stri ct both 3t!HC and local re ve nue s in a number of different wa ys in cluding bu t not limited to:
prop ert y taxes, specifir. ownership taxes, tel eco mmuniratio n taxes , State income taxe s. State•
shared revenues 10 assist mun ic ipalities wi~1 loca l ~t !'"eet and transi t imp rovemcn1 s, and other
State gra nts and loans to help loca l gove rnment s; and
\Vl·rER.EAS , the abilit y 10 finance lon g-1em1 ca pital 1rbp 1uvo:nen!s li ke water and wa stewater
trea tm ent pl ant s, recreati onal project s, fire stations, and GLhcr publi c facilitie s are dro:nati cally
impni red by the res tri ctio ns on debt finan ci ng as proposed by Amendment 61 ; and
WHEREAS, the fo ll uwing servic es and progra ms in the Cit y o f Englewood would be limit ed
or cu rt ail ed beca use of th e num erous rest ricti ons and re ve nu e red uctions proposed by th es e three
meas ures; street nnd pnrk maimenance; hours of senrice in our library , muni cipa l coun and parks
and recreat1 or. ,:,rogra ms; po li ce nnd fire co mmunit y se rvi ces; and overa ll responsiven ess of Ci ty
se n1iccs; \l:ld
WHEREAS, th e Cit y of Englewood is conce rn ed abo ut the impac t th ese three meas ures will
have on our ab ilit y to work effec ti ve ly with other loca l govemme ms in 1hc fo nn of
intergovernme nt al agree ment s suc h as mutu al aid ag reement s fo r poli ce nnd fi re; and
WH EREAS, th e thre e measu res wi ll adverse ly affcc l our long tcnn rela1i ons wi th th e
Regio nal Tran sportat ion Di lri ct rcgn rdi ng our redcve lopm cnl effo rt s at Englewood Cit y enter
and in the co nstructi on of improve ment s at the ity's McLe ll rm Resen 1oir prope rt y. Also. th ese
amendm ents wi ll hav e a seve re i·11pac1 on the Cit y's pl anned impro ve me nts to th e Bu sin ess
Imp rovement Di stri ct, South Broa;lway an d th e it y's Mcdicn l Di stri ,;1; nnd
WHEREAS. a nun :bc r of pro mincm ind ividunl s, new spapers, and orga ni zn ti ons includin g ou r
own Co lorado Muni cip al League arc voic in g oppos iti on to th ese measurc..-s btx:ausc the y are not in
the besl inte res ts 'J f Co lorad o and of loca l co mmuniti es ; and
WHEREAS , provi sions of Sta te law all ow the Cit y of E1ig lcwood to put fo rth thi s Reso luti on
as II statement of oppos iti on to the measures known as Pro pos it io n 10 1, Amendmen t 60, and
Amc nd1r.cnt 6 1 :
NOW, TH EREFORE, BE IT RESO LV ED BY THE ITY OUNCIL OF TH E CIT Y OF
E 1GLEWOOD, COLORA DO. Tl !AT :
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Sec.tion I. The City Council of the Ci ty of Englewood ~ro!: I 01 , Amendment
60 and Amendment 6l~s;;;}t n~ agains t all three ballot meas ures.
ADOPTED AND APPROVED this 20th day of September, 20 10.
ATTEST:
James K. Woodward, Mayor
Loucri shi a A. Elli s, City Clerk
I, Loucrishia A. Ellis , Ci"' "'erk fo r th e City of Englewood, Co lorado, hereby ceni fy the
above is a tJUe copy of Res. ,n No.__, Series of 2010 .
Loucri shia A. Elli s, City Clerk
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ORDINANCE NO.
SERIES OF 2010
BY AUT HORITY
COUNCIL BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER ____ _
A BILL FOR
AN ORDINANCE AP PROVING AN INTE RG OVERNMENTAL AG REEMENT ENT lTLED
"CO MMON INTERES T AND CONF IDE NTIAL AGREEMENT'' BETWEEN CITY OF
AURORA, ACTING BY AND THROUGH ITS UT ILITY ENTE RPRJS E ("AURORA
WATER"), THE CITY OF ENGLEWOOD, ("ENGLEWOOD"), THE CENTR. COW RADO
WATER CONSE RVANCY DISTRJCT ("CENTRAL"), PUBLI C SERVICE COMPANY OF
COLORADO ("PUBLIC SERVICE"), THE CITY OF GREELEY , Tl-IE NORTHERN
COLORADO WATER CONSERVANCY DISTRJCT ("NO RTHERN'1, THE CITY AND
COUNfY OF DENVE R ("DENVER WATER"), THE CITY AND COUNTY OF
BROOMFIELD ("BROOMFIELD"), THE COLORADO DIV !SJON OF WILDLIF E AND THE
COLO RADO WILDLIFE COMMISSION ("DIVISION OF WILDLIFE "), THE STATE
BOARD OF LAND COMMISSIONERS ("STATE LAND BOARD"), THE BUO U
IRRll1ATION COMPANY ("BUOU COMP ANY") AND TH E BIJOU IRRJGATI ON
DISTRJCT ("BIJO U DISTRJ CT") AND THEIR RESP ECTIVE COUN SEL, (COL LECTIV ELY
THE "PART IES") IN CO NNECTIO N WITH WATER COURT DIVIS ION I CASE NOS .
02CW-104 AND 03CW44 2, WHICH CONS IST OF V ARJOUS CLAIMS ORIGINALLY
PLEADED IN CASE NOS. 02CW 105 , 03CW442, 04CW356 , 04CW362 AND O4CW365 (THE
"WATER MATTERS ").
WHEREAS, in th e Wa ter Co un cases above desc ribed , the Applicants seek cenain changes of
water rights, exchanges, and addi tional diversio ns from the South Pl ane River whi ch will be
injurious to Englewood 's water rights; and
\VH"EREAS , th e Parties above na'tled share a common int erest in the claims assc r, in the
Water Matters as owners of vested water rights and/o r interests in ves ted wa ter righ ts that may be
ad verse ly affected by the ou tcome of the Water Ma tt ers; and
WHERE AS , in li ght of and in order to funher that com mon intere st, the Pani cs be li eve that
th ey wi ll mutu all y benefit from an exchange of informati on an d ongo ing coo rdin at ion wi th
respect to all matters and issues rais ed by the Water Ma tt ers ; and
WHERE AS, th e Panics there fore desi re and agree 10 coo rdin ate ,nd prepa re legal strate gy
and engine ering analyses, and to engage in coordinated di scov ery, tria l preparati on and oth er
matt ers rela1cd to the pro sec uti on and outcom e of the Water Mau crs; nnd
WHEREAS, th e pa ssage of tl1i s proposed Ordinance will authorizo Eng lewood to ent er int o
th e above-<lesc ribed Common Int ere st and Confidentia lit y Agree ment, whi ch will ena ble
Englewood 's legal counsel 10 share stra tegics nod infonnation with the other pa rtie s named
above co ncerning th e Wa ter Co urt cases descri bed above;
14 a
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF
ENGLEWO J D, COLORADO , AS FOLLOWS :
~ The Intergovemr.ienml Agreement entitled "Common Interest And Confidential
Agreement" is hereby acceptco and approved by the En glewood City Council and
is attached hereto as "Exhibit A".
Section 2. The Da vi d Hill of Berg Hill Gre enleaf & Rusciti for the City of Englewood is
authorized to sign said Agru.,nent for and on behalf of the City of Engle, ·ood.
Introduced, read in full, and passed on first reading on the 20th day of September , 2010.
~ublished as a Bill for an Ordinance in the City's official newsp aper on the 24" dny of September,
2010.
Publish ed as a Bill for an Ordinance on the City 's official website beginning on the 22nd dny of
September, 2010 for thirty (30) days.
James K. Woodward, Ma yo r
ATTEST :
Loucrishia A. Ellis , City Clerk
I, Loucri shia A. Elli s, City Clerk of the Cit y of Englewood , Co lorado, h·"eby ccrtiff that the
above and foregcing is a true copy of a Bill for an Ordinance , introduced, read in full, and pa ssed on
first reading on the 20th day of September, 2010 .
-i:ou-crishi n A. Elli s
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COM'MON INTEREST AND CONFIDEN1'IALITY AGREEMENT
Thi s Joint Defense Agreement ("Agreement"), entered into and effective as of
April 2, 2010, sets fo rth th e und erstanding of th e City of Aurora , Co lorado, a Co lorado
muni cipal corporatio n of th e Counties of Adams , Arapah oe and Douglas actin g by and
through its Utility Enterprise ("Aurora Wat er "), th e City of Englewood, a Co lorad o
municipal corporatio n ("Englewoo d"), the Centra l Colorado Water Conservancy Di stri ct
("Centra l"), and Pub lic Service Co mpan y of Co lorado ("Publi c Service"), th e City of
Gree ley, actin g by and tluough its Water and Sewe r Board ("Gree le y"), th e No rth ern
Co lora do W~:e.-Co nse rvan cy Di stri ct ("Northern"), th e City and Co un ty of Denve r,
actin;; by and through its Board of Water Commi ss ioners ("Denver Water"), the Ci ty and
Co unt y of Broo mfield ("Broorr:field"), th e Co lorado Di vision of Wildlife and th e
Colo·ado Wil dlife Commi ss ion, by and tluough tl1e Att orney General ("Divi sion of
Wild life "), the State Board of Land Co mmi ss ioners ("State Land Board"), the Bij ou
Ini gati on Co mp .my ("Bij ou Company"), and th e Bijou Ini gat ion Di stri ct ("Bijou
Di strict'') 110 d th P.ir r~s pective counsel, (co llective ly th e "Partie s"), in connection with
Wat er Co urt Divi si,,~ I Case Nos. 02CW404 and 03CW442, which co nsist of various
claims originall ;• plead cu in Case Nos. 02CWI05 , 03 CW442, 04CW 356 , 04CW36 2, and
04CW 36 5 ( the "Wa ter Matters ").
Statement of Co mmon Interes t
The Part ies share a comm on interest in the clai ms as sert ed in the Wa ter Mat ters as
owners of vested water rights and/o r int eres ts in ves ted water rights th at ma y be adve rse ly
affe cted by the ou tco me of the Wa ter Matt ers. In li ght of and in order to further th at
co rrun on in terest, the Parties bel ieve tliat they will mutua ll y benefi t fr om an exchange of
information and ongoi ng coo rdi na tion with res pect to all matl ers and iss ues rai sed by the
Water Matt ers. 111c Parti es th ere fo re des ire and agree 10 coordi na te and prepare le ga l
strategy and en gin eeri ng ana lyses , and to engage in coo rd inated discove ry, tria l
prepara ti on and other matters related to th e pros ecuti on an d out co me of the Water
Matt ers.
Co mmon Int ere st Materials. Co nfidentialitv
The Pnrti es may make available to eac h oth er priv ikged in fonna tion, b,1th
ve rb ally and in wri ti ng , including n01es, doc uments, memoranda , and research
("Conun on Int erest Materia ls"), relating 10 th e respec tiv e represe nt ati ons of Parties in
co nnect ion with the Water Mnu ers. l11e Co mmon Interest Materia ls may reflect and
in co rporate co nfidential co mmuni cations made by th e Partie s to their co un se l, and by
their co unsel 10 the m, and arc pro tected by th e att omey/cli ent priv ilege fro m di sc los ure,
and therefore are int ended to be in sul ated fron, ex pos ure be yo nd the co nfin es of th e
Panic~ (rh c "Co mmu n lntere;t Pnvilege"). See ,;.g. Mauer of Gra nd Jwy Subpoe na
/)u ces Tec11111 , dat ed November :6, 1974 , 406 F.S upp . 3 I (S .O .. Y. 1975). In ad diti on,
the Co mmon Int eres t Materia ls are protected fro m disc losure as a res ult of th e allo mey
work-product doctri ne 0 1 other ap pli ca bl e pri vileges . See e.g. Tra 11111 irra Products Co ,p .
v. Mo nsa mo Chemical Co 1p., 26 F.R.D. 572 (S.D .. Y. 1960).
E
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B
I T
A
The Parties are making the Common Interest Materials available to each other
because the Parties intend to cooperate to reduce expenses, improve efficiencies, increase
communications, and reduce the likelihood of potential liabilities of the Parties and any
other party who may, in the future, become involved in the Water Matters. Because of
the privileged nature of the Common Interest Materials, those materials will be shared
among the Parties with the express understanding that the Parties shall not communicate
the contents thereof to others, because the exchange of Common Interest Materials is not
made for the purpose of allowing unlimited publication or use, but in confidence, for the
limited and restricted purpose of assisting the Parties in advancing the Water Matters to a
successful conclusion .
The Parties understand that the purpose of this Agreement is to facilitate common
interest representation by increasing the information flow between the Parties . The
Parties recognize, however, that under some circumstances, informabon known to one
Party may not be shared with the other Parties to the Agreement.
1 fothing in this Agreement is intended as, shall constitute, or shall be intcrptcted,
construed or used as evidence of an admiss ion by a Party of any wrongdoing, liability or
fault (including comparative or proportionate fault), a waiver of any privilege, claim,
right or defense, estoppel , or an admission as to any matter of law or fact, either as
between the Parties or with respect to any person or entity not a party to this Agreement
provided , however, that any Party shall be entitled to use this Agreement to enforce its
terms .
If any person or entity not a part to this Agreement requests or demands, by
subpoena or otherwise, any Common Interest Materials from any Party or from any
Party's agent, emp loyee, consultant, or representative, such Party shall: (I) immediately
notify the other Parties, and (2) assert the Common Interest Privilege with respect to the
requested Common Interest Materials . Each Perty and each Party's resp,;cti•·e counsel
shall take all steps necessary to assert all applicable rights and privileges with respect to
such Common Interest Materials and shall cooperate fully with the other Parties in any
judicial proceedings relate_d to the disclosure of the Common Interest Materials.
The intem of this Agreement is to preserve any privilege applicable to the
Common Interest Materials while pursuing the Parties' ccmmon interest and to keep all
Common Interest Materials confidential to the maximun1 extent r'.lowed by law . A
Party's disclosure of Common Interest Materials exchanged pursuant to this Agreement
shall not be deemed a waiver by the other Parties of their right to assert a claim of the
Common Interest Privilege and attorney/client or wJrk-product privilege with respect to
any Common Interest Materials.
This Agreement shall be binding upon each Party even after the Water Matters are
decided or resolved, whether b)' settlement, jt. 'gment, dismissal, or otherwise as to that
respective Party.
This Agreemen t, its terms , the fact of its execution and all discussions among the
Parties, their attorneys , officers , directors , agents, consultants, representatives, and
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employees with regard to th e Agreement, are th emse lves subj ect to the attorney/cli ent
and wo rk-product pri vi leges, an d each Party agrees that th e Common Interest Privilege
and any privilege shall be asserted in response to any subpoena or reque st for th e
production of the Agreement or in response to any inqui ry as to its terms, the fact of its
execution , or di scuss ions relating to it.
TI1is Agreement co nfirm s a verb al agreement previously reached between the
Parties. All previous pri vileged com muni cations, and all Commo n Interest Materials
previously exchanged , beh 1een the Parties and their res pective attorneys, officers ,
directors , age nt s, employees, co nsultants, and representatives , are subj ect to thi s
Agreement.
Neith er the executi on nor the performan ce of th is Agreement shall result in the
inability of any party to thi s Agreement to use any data contributed by it to the effort, any
raw data generated under thi s Agreement, or any expert opini on which has been di sc lo sed
to other parti •!!l in this or other liti gation, in other ongoing or sub seq uen t litigati on.
Termination and Withdrawal
Any Party may withdraw from thi s Agreement by givin g writt en notice to every
other Party of its electio n to withdraw .
Any Party th at withdraws fro m this Agreement, together wi th such Party's
respective counsel , remains subject to all co nfidentiality provisio ns herei n as they pert ai n
to inforniatio n theretofore received, but not as to sub sequent in fo rm ation.
In th e event a Party reaches a ! ,.ment wi th one or more of the Applicants in the
Wa ter Matters (the "Settling Party"), th e remainin g Parties to thi s Agreement may
emp loy or co ntinu e to employ the Settling Party's engin eering experts and utilize their
previou sly deve loped analyses and reports which were developed in conjunction with the
Wa ter Matters an d exchanged pursuant to this Agreement.
Miscellaneous
Each Party understand and ack now led ges th at it is represe nt ed onl y by its
att orneys in this mutter, that whi le an attorney representing any other Part y has a duty to
preserve tl1 e co nfidences di sclosed to him or her pursuant to this Agreement, th e
atto rn eys represen ting any other Part y will be ac ting only as attorneys for that other Party
and will owe a duty of loya lt y to tl1 eir respective client only. Each Party will pay fo r tl1 e
serv ices of it s re spective attorneys, but nothi ng herei n shall voi d any sub seq uent
agreement betwe en the Parti es, if any, to indemnify any other Party for attorneys' fee s
and costs or share in such fees and cos ts.
Each Party under stands th at the Parties may now or in the fut ure have so me
adverse interests anct th at th e sharing of some co nfiden ces pursuant to this Agreement
ma y lead to potential conflicts of int erest of the various attorneys in th e future . The
Parti es do not iiriend th at thi s Agreement or the exchange of Common Interes t Materi als
sha ll be used to support the future di squ al ifi ca ti on of their respective attorneys and agree
th at th ey wi ll not move fo r di squalificati on of att orne ys in th e Wat er Matters or any oth er
cases on account of th e exc hange of Comrr.on Int eres t Material s pursu ant to thi s
Agreement and waive any con fli cts arising fro m th e sharing of such co nfiden ces.
Colorado law shall control the interpreta tio n and enforcement of thi s Agreemen t.
This Agreement ma y be enforced in the Di stri ct Co urt fo r Water Di vision One in Weld
Co unty, Co lorad o by a temporary restra inin g ord er and injunction in th e event of a bre ach
or anti cipatory breach. Til e parti es acce pt juri sdi ction and venu e in that co urt . An y
modificatirn to th is Agreement shall be in writin g and signed by all Parties.
This Agreement shall be binding upon the successo rs and assigns of th e Parties
an d th eir respecti ve co unsel.
Noth ing in thi s Agreement shall be deemed to create a i;ur'o1e rs hip, joint ve nture.
and/or principal and agent relationship between th e Parties and/or their re spec tive
co unsel.
Th e hea dings co ntai ned in thi s Agreement are for co nvenie nce of refer ence <'n ly
and are not intended to limi t the sco pe or affect th e interpretation of thi s Agreement.
If any pro ,·i sion of thi s Agreement is deemed invalid or unenforceable , the
balan ce of the Agreement shall remain in full force and effect.
Thi s Agreemen t co nstitut es the entire curr ent understanding of th e Parties and
thei r res pe ctive counsel with respe ct to its subject matt er and supersedes any previo us
ora l or written agreemen ts re latin g to th e subj ect matter of thi s Agreement.
The Parties ackn ow ledge that thi s Agreement is th e result of joi nt nego ti ations
amon g the Parties, and agree th at thi s Agreement shall not be construed or int erpreted
aga inst any Part y on th e gro und s of so le or primary auU1 orship .
Thi s Agreement is executed by th e Parties and by U1eir res pe ctive cou nse l, who
also sign on behalf of them selves. lhis Agreement may be execu ted in co unt erpart s each
of which shall be dee med an ori gin al.
IN WITNESS WliEREOF, th e Part ies have execut ed thi s Agree ment effective
on th e dat e set fo rth above .
/Sig1111111r e Page s Fo lio"'/
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PARTIES
AURORA WATER
CITY OF AURORA, COLORADO ,
A COLORADO HOME RUL E MUN ICIPAL CORPORATION
OF THE COUNTIES OF ADAMS , ARAPAHOE AN D DO UGLAS,
ACTING BY AND THR OUGH ITS UT ILITY ENTERPRISE
Edward J. Tau er, Maym
ATTEST:
Debra A. John son, City Clerk
APPROVED AS TO FORM FOR AURORA :
Steve Sims , Special Water Co unse l
Chri stin e McKe nney , Ass istant City Attorne y
STATE OF COLORADO
OUNTY OF ARAPAHOE
ss
Date
Date
Date
Dat e
Th e fo re going ins trum ent was ackn ow ledged befo re me thi s __ da y of
____ _, 20 10, by Edward J. "\aucr as Mayor , and attested to by Debra A. Johns on,
as Cit y Clerk , acti ng on beh alf of the Utilit y Enterprise of th c City of Aurora, Co lorado .
Witness my hand and official sea l. _________ _
Notary Publi c
My co mmission expi res: ______ _
(SEAL)
/sig 11at11res of Parti es co111i1111 e 011 Jo ll owi11g page/
ENGLlsWOOD
CITY OP ENGLEWOOD, COLORADO ,
A COLORADO MUN ICIPAL CORPORAT IO N
Mayor -James K. Woodward
ATTEST :
City Clerk-Loucrisbia A. Ellis
APPROVED AS TO FORM FOR ENGLEWOO D:
David G. Hill
STATE 01" COLORADO
COUN TY OF i..RAPAHOE
ss
[date]
[da te]
[date]
The foregoi ng instrument was acknow ledged before me this __ duy of
____ , 20 10, by James K. Woodward as Mayo r, and att ested to by Loucri shia A.
Elli s, as City CJ erk, acting on bebalfofthe City ofEnglcwood, Colorado.
Witness my hand and official seal.
My comm iss ion expires:
( EAL)
Notary Publi c
[sig11atur es of P,,rties co nti11u e on following page}
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• CENTRAL
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
(ADDRESS(
[ADDRESS]
[ADDRESS]
[name, title]
ATTEST:
[name , title]
APPROVED AS TO FORM FOR E1'ffRAL:
[name, title]
[<late]
[d ate]
[date]
• STATE OF COLO RADO
COL'NTY OF ARAPAHOE
ss
The foregoing instrument was acknowledged before me thi s __ day of
___ __, 20 10, by _______ as ____ __, and attested to by
_______ _, as ____ __, acti ng on behalf of the Ce ntral Colorado
Water Conservancy Di strict.
Witness my hand and offic ial seal. _________ _
Notary Public
My co mmi ss ion ex pires: ______ _
( EAL) fsig11a111r es of l'arri es c011ti1111 e 011 fotlnwi11g page/
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PUBLIC SERVICE
PUBLIC SERV1CE COMPANY OF COLOJ?ADO ,
A COLORADO CORPORA T\ON
(ADDRESS!
[ADDRESS]
[ADDRESS] --[name, title]
ld tel
[name, title]
APPROVED AS TO FORM FOR PUBLIC SERV1CE:
[date]
[name , title]
STATE OF COLORADO ss
coUNTY OF ARAPAHOE
The foregoing instrUIDent was acknowledged before me thi s _ day of
------'' 2010, by ___ as----~ and attested to by
______ ., as _ _., acting on behalf of Public Service Company
of Colorado .
Witness my hand and official seal. _________ _ Notllf)I Publi c
My comm issio n c~pircs: ______ _
(SE AL)
/sig11atur es of Parties cor1 1i1111e 011 Jo/lowi11g payt/
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GREELEY
CITY OF GREELEY , COLORADO ,
ACTING BY AN D THRO UGH ITS \l, ATER AND SEWER BOARD
(ADDRESS(
[AD DRE SS]
(ADDRESS]
[name , title] [date]
ATTEST:
·[n ame , titl e] [date]
APPROVED AS TO FO RM FOR GREELEY:
[name, ti tle] [date]
STATE OF COLO RADO
ss
COUNTY OF ARAPAHO E
The forego in g in strum ent was ackn ow ledged befo re me thi s __ day of
___ _, 20 10, by _______ as _____ , and attested to by
______ _, us _____ , acting on beh alf of the City of Greeley ,
Colora do, acting by and thr ough it s Water and Sewer Board .
Witn ess my hand and offi cial seal. -------,-----
Notar J Publi c
My co mmi ss ion ex pires: ______ _
(SEAL)
/sig11a tures of Parties co11ti1111 e 011 f ollowi11 g page/
9
NORTHERN
NORTHERN COLORADO WATER CONS ERV ANCY DISTRICT
(ADDRESS)
[ADDRESS]
[ADDRESSJ
[name, title]
ATTEST:
[name, tit le]
APPROVED AS TO FORM FOR NORTHERN:
[name, title]
STATE OF COLORAD O ss
[date]
[d ate]
[date]
COUN TY OF ARAPAHOE
The fo regoing instrument was ackn owledged be fo re me tl1i s __ day of
____ _, 20 10, by _______ as _____ , and attested to by
________ , as ____ _, acting on behalf of tl1e Northern Colorado
Water Co nservancy Di strict.
Witness my hand and official sea l. _________ _
Notary Publi c
My co mmi ss ion expires: ______ _
(SEAL)
[sig1111t11r e>" of Parries co11ri1111 e on fo llo wi11g page)
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DENVER WATER
:HE CITY AND COUNTY OF DENVER ,
ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS
[ADDRES S}
[ADDRESS]
[ADDRESS]
[nam e, title] [date]
ATTEST :
[name , title] [date]
APPROVED AS TO FORM FOR DENVER WATER:
[name, title]
STATE OF CO LORADO
COUNTY OF ARAPAHOE
[date]
ss
The foregoing in strum ent was acknowledged before me thi s __ day of
----~ 20 10, by _______ as _____ , and attes ted to by
-------~ as , acti ng on behalf of the City of and Coun ty of
Denver, Co lorad o, acting by and thro ugh its Burd of Water Commis sioners.
Witness my hand and offi cial sea l. _________ _
Notary Publi c
My comm iss ion expi re s: ______ _
(SEAL)
{sig11at11res of Parties co 11ti1111 e 011 f o/lowi11g page/
11
BROOMFIELD
THE CITY OF BROOMFIELD , COLORADO
(ADDRESS]
[ADDRESS]
[ADDRESS]
[name , title]
ATTES T:
[name , ti!Je]
APPROVED AS TO FORM FOR BROOMFIELD :
[name, title]
ST A TE OF CO LORADO
COUNTY OF ARAPAHOE
ss
[d ate]
(date]
The foregoing instrum ent was acknowledged before me this __ day of
____ _. 20 10, by _______ as _____ , and attested to by
_______ ,. as ____ , ac ting on behalf of the S ity of Broomfield ,
Colorado.
Wit ness my hand and official sea l. _________ _
Notary Publi c
My co mmi ss ion expi res: ______ _
(SEAL)
fsig11ature s of Parties co11ti1111 e 011 followi11 g p~gej
12
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DIVISION OF WILDLIFE
THE COLORADO DIVISION OF WILDLIFE AND THE COLORADO
WILDLIFE COMMISSION, BY AN D THROUGH TH E ATTORNEY GENERAL
[AllDRESS)
[ADDRESS]
[ADDRESS]
[name , title]
ATTEST:
[name, title]
[date]
[date]
APPROVED AS TO FORM FOR DIVISION OF WILDLIFE :
[name, title]
STATE OF COLORADO
COUNTY OF ARAPAHOE
[dat e]
ss
TI1e forego in g in strum en t was acknow led ged be fo re me thi s __ day of
_____ , 20 10, by _______ as-,----,--,-,,...--,----' and attested to by
_______ _, as _____ ,, actin g on behalf of tl1 e Co lorado Division of
Wild life and ••e Co lorado Wildlife Com mi ss ion , by and through the Attorney General.
Witness my hand and offic ial sca L _________ _
No tary Public
My commission expires : ______ _
(SEAL)
/sig1tat11res of Parties co1t tit111 e ou followin g page}
13
STATE LAND BOARD
THE STATE BOARD OF LAND r: \IIM!SSIONERS
(ADDRESS!
[ADDRESS]
[ADDRESS]
[name, ti tl e]
ATTEST:
[name, title)
[date]
[date)
APPROVED AS TO FORM FO R ST ATE LAND BOARD :
[name, titl e]
[date]
STA TE OF COLORADO ss
COUNTY OF ARAPAHOE
The foregoing instrument was acl'llowled ged before me thi s __ day of
---~ 20 10 , by _____ as ----~ an d attested to by
______ __. as _____ , acting on behalf of the Stale Board of Land
Cmrun issioners.
Witness my hand ntd ofl:cial sea l. __________ _
Notary Publi c
My co mmi ssion ex pires :
(SEAL)
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BIJOU IRRIGATION COMPANY
IADDRESSI
[ADDRESS]
[ADDRESS]
[ name, ti tie]
ATTEST :
[name, title]
[dat e]
[date]
APPROVED AS TO FORM FOR BIJOU IRRIGATION COMPANY:
[name , titlej [date]
STATE OF COLORADO
ss
COUNTY OF __ _
The fo regoing instrument was acknow ledged befor~ me thi s __ da y of
____ , 20 10, by ______ as _____ , and attes ted to by
_______ ,, as ____ ..., acting on behalf of th e Bijou Irri gation
Company .
Witn ess my hand and official seal. ________ _
Notary Publi c
My co mmi ss ion ex pires: ______ _
(SE AL)
I S
BIJOU lRRIGATION DISTRICT
(ADDRESS(
[ADDRESS]
[ADDRESS]
[name, title)
ATTEST :
[name, title)
[date]
[date)
APPROVED AS TO FORM FOR BIJOU IRRIGATION DISTRICT:
[name, title] [date)
STATE OF COLORADO
ss
COUNTY OF __ _
The foregoing instrument was acknowledged befor-: me this __ day of
____ , 2010, by ______ as _____ , and attested to by
_______ , as _____ , acting on behalf of the Bijou Irrigation
Di strict.
Witness my hand and official seal. _________ _
Notar y Public
My commission expires : ______ _
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• COUNSEi;.
Dated : BROWNSTEIN HYATT FARBER
SCHRECK, LLP
410 Seventeenth Street , Suite 2200
Denver , CO 80202
Steven 0 . Sims , Esq.
Adam P. D~Voe, Esq .
Bret A. Fox, Esq .
Counsel for Aurora Water
Dat ed: BERG HlLL GREENLEAF &
RUSCITTI LLP
1712 Pearl Street
Bo ul der, CO 80302
David G. Hill , Esq . • Jon N. Banashek , Esq .
Heidi C. Potter, Esq.
Counsel for Englewood
Dated :
LIND LAWRENCE & OTTENHOFF , LLP
355 Eastman Park Drive , Suite 200
Win dsor, CO 80550
Bra dl ey C. Grasmick , Es q.
Coun se l fo r Ce ntral
Dated: BALCOMB & GREEN, P.C .
818 Co lorado Avenue
Glenwood Spri ngs, CO 8 I 602
David C. Hallford , Esq .
Sara M. Dunn, Esq .
Coun sel fo r Publi c Service •
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Dated: FIRM
,.
ADDRESS!
ADDRESS2
ATTORNEY!, Esq.
Counsel for Greeley
Dated : FIRM
ADDRESS!
ADDRESS 2
ATTORNEY!, Esq.
Counsel for Northern
Dated: FIRM
ADDRESS!
ADDRESS2 • ATTORNEY!, Esq .
Co uu se l for Den ver Water
Dcted: FIRM
ADDRESS !
AD DR '2SS2
ATTORNEY!, Es q.
Co un sel for Broo mfield
Dated : FIRM
ADDRESS!
AD DRESS2
ATTORNEY I, Es q.
Co w1sel fo r Divi sion of Wildlife •
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• Dated : FIRM
ADDRESS!
ADDRESS2
ATTORNEY!, Esq.
Counsel for State Land Board
Dated : FIRM
ADDRESS!
ADDRESS2
ATTORNEY!, Esq.
Counse l for Bijou Irrigation Company
Dated: FIRM
ADDRESS!
ADDRESS2
ATTORNEY!, Esq. • Counsel for Bijou Irrigation District