HomeMy WebLinkAbout1979 Ordinance No. 023ORDINANCE NO. 23
SERIES OF 197 ~9 ~~
BY AUTH ORITY
COUNCIL BILL NO. 27
INTRODUCED BY
COUNCILMAN WILLIAMS
AN ORDI NANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD
AN D LITTLET ON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND
CASTLEWOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST
BY CASTLEWOOD FI RE PROTECTION DISTRICT IN THE JOINT FIRE TRAINING
FACILITY.
WHEREAS , the cities of Littleton and Englewood, Colorado,
and Littleton Fire Protection District now own and operate a
joint fire training facility; and
WHEREAS, Castlewood Fire Protection District is desirous
of purchas ing an interest in said joint fire training facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLE WOOD, COLORADO, as follows:
Sec tion 1 .
That the City of Englewood, Colorado, shall enter into a
contract with the City of Littleton, Littleton Fire Protection
District and Castlewood Fire Protection District according to
the provisions of that certa in Agreement, consisting of eight
(8) typewritten pages, dated 1979, a copy of which is
attached hereto and made a part hereof. Said instrument generally
provide s as follows:
1) That Castlewood Fire Protection District desires
to become as sociated with and purc hase a one-third (1/3) interest
in the exi sting property and improvements of the fire training
facility, and it is mutually intended that Castlewood be allowed
to purchase a one-third (1/3) interest in the four-(4) acre
p r ee l of land;
2) That the purchase price to Castlewood to be paid
to the Trea surer of the City of Littleton on behalf of the
Administrative Committee which operates the facility the sum of
inety-two Thousand Dollars ($92,000), Eighty Thousand Dollars
($80 ,000) upon execution of the Agreement, Twelve Thousand Dollars
($12,000) within one year from the execution of the Agreement;
3) That the parties shall, from time to time, mutually
agree to the construction of some improvements and shall mutually
designate an architect to design said improvements;
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4) Tha the p r ties c ontemplate the mutual approval
of 11 plan s and s pecifications f or the joint training facility
through he committee already e stablished and that the awarding
of any bid to a gener 1 contractor shall b e jointly approved by
all parties to the greemen ;
5 ) That the fa ci lity is to be operated by a permanent
committee known as Joint Training Facility Committee, consisting
of six (6) members, two (2) of whom are to appointed by the City
Manager of the City of Englewood, two (2) to be appointed by the
Board of Directors of Castlewood, one (1) to be appointed by the
City Manager of Litt leton, and one (1) to be appointed by the
Board of Directo rs of Littleton Fire Protection District. The
ur os e of the Committee is to provide administrative direction
for all operations of the facility,· including construction of
improvements ;
6) That the use of the facility shall be limited to
the partie s her eto and to the parties that the Committee may
authorize, i .e., bona fide fire departments, law enforcement
agencies, rescue and other emergency units;
7) That the Agreement shall only be terminated or
amended with the approval of all the parties hereto.
S ction 2 .
That the City Council of the City of Englewood, Colorado,
hereby autho rizes the Mayor of the City of Englewood, Colorado,
to subscribe his name to said Agreement and to execute all proper
deed s and in struments necessary to effectuate the purposes of the
Agreement on behalf of City Council of the City of Englewood,
Colorado, and that the Director of Finance, ex officio City Clerk-
Treasurer , shall attest the same.
Introduced , read in full an d passed on first reading on
the 21st day of May, 1979 .
Published as a Bill for a n Ordinance on the23rd day of
ay, 1979.
Read by title and pass ed on final reading on the 4th day
of June, 1979 .
Published b y title as
on the 6th day of June ,
Attest:
ex officio Ci
23 ,Series of 1979,
I, William D. James , do here by certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
o. 23 , Series of 1979.
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ACREl!MENT 'A~ • THIS AGREEMENT , made and entered into this ll.=.:__ day of
~--..--.,,... .......... .-...~~~~~-· 1979, by and between the City of Littleton,
"Little t on"), a municipal corporation of
the S t ate of Colorado; the Ci ty of Englewood, Colorado (herein-
af t er "Englewood"), a municipal corporation of the State of
Colorado ; the Littleton Fire Protection District (hereinafter
"Li ttleton District"), a fire protection district organized
p ur suan t to the laws of the State of Colorado; and the Castlewood
Fir e Pr otection District (hereinafter "Castlewood"), a fire
pro ection district organized pursuant to the laws of the
State of Colorado,
WlTNESSETH:
WHEREAS, both Littleton and Englewood are Home Rule Cities
operatin1 under Charter• pursuant to Article XX of the Constitu-
tion of the State of Colorado ; and,
WHEREAS, Littleton, Englewood, and the Littleton Diatrict.
by a prior agreement dated August 18, 1975, established and
constructed a joint fire training facility, which property ia
nov under the joint control of •-id three parties; and,
WHEREAS, it ia deemed by the parties to this Agreement to be
iD t heir beat interests for Castlewood to purchase an interest in
and participate in the joint con t r o l of such joint fire training i fa c i lity; and,
:f I WHE REAS, it i s agreed that the parties hereto other than
Castle wo od have previously expended sums in the approximate amount
o f $184,000 .00 for construction and improvements at said facility;
an d ,
W:-IERr:AS, the part i es heret o h a ve agreed to construct future
i mprov e me n ts to the fac i lity and to operate the same on the terms
a nd provis ions hereina fter set f orth ; and,
l-THE REAS, it is the intention of the parties hereto that none
shal l b e a c ustomer of t he others, but rather this facility and
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all future improveme nt• 'il1all be constructed and operated with
o ns ru tion co · s, co ts of adJf Jon&, a nd c osts of operation
and intenan e ing divided araong them in a fair and equitable
ne r aa ••t fo rt h herein fte with g reater specificity; and,
\JJ IER.EAS, th a Agre n t i s made o further the purposes of
the public he alth, aaf Ly and welf re of the citizens of Littleton,
Englewood, and the Litt leton District, and Castlewood ,
0 , THEREFORE, IT IS MUTUALLY COVE :Wn'E!> .A..tm AGREED AS
FOU.OWS :
I. FACI LITI ES
A. The joint fac ili ties shall hereafter be known a•
the Englewood-Littleton-Castlewood Fire Training Center,
and are located on a four (4) acre parcel of land divided
into two tracts, Littleton and Englewood each owning an
undivided one-half (') interest therein, said parcel •itu-
ate in the City of Englewood, County of Arapahoe, State
of Colorado , and d e scribed aa follows:
Connenc ina at the SW corner of Section 9, Township '
south Rana• 68 West of the 6th P .H., thence north o• 03 1 04" east along the Weat line of Hid Section 9
for a distance of 594 feet, thence north ·a9• 48' '8"
east parallel with the south line of said Section 9
for • distance of 56S .9 feet, thence north o• 03'04"
east parallel with the we st line of said Section 9,
for a distance of 923 .17 feet to the true point of
beginning; said course beina contiguoua to the vest
line of 20 foot road dedicated in look 234 Paa• 36
Arapahoe County re cords, thence north o• 03' 04" east
283 .43 feet, thence north 21• 07' 45" ea•t 231.2 feet,
thence north o• 14' 50" we•t 266.41 feet, thence
south i2• SS' 19" wut 53.39 feet along proposed
channel for Big Dry Creek, thenc e north 77• 04' 41"
west 150 .0 feet, along the south line of said Big Dry
Cre ek Chann el, thence south 12• S5' 19" we•t 347.80
feet, along east line of the proposed Platte River
Channel, thence along a curve to the rifht for a
distance of 433.20 feet, said curve hav nf a Central
angle of is• 29' 23". a radius of 1602.4 eet and a
chord of 431.88 feet, thence south 99• 56' 56" for a
distance of 280 .62 feet, t o the point of beginning.
Containing 3.320 acres of land.
Comm encing at t:h
0e SW corner of Section 9, township 5
south, Range 68 West of the 6th P .M., thence north o•
03' 04 " east along the wes t line of said Section 9 for
a distance of 594 feet, the nce north s9• 4S' 58" east
parallel with the south line of said Section 9 for a
distance of 565.9 feet, then c e north o· 03' 04" east
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parallel with the we st line of said Section 9 for a
distance of 1206 .6 feet, said course being contiguous
to the west line of 20 fe et road dedicated in Book
234 Pag e 36 Ar apahoe Co unty records, thence north 21•
07' 45" cast 233 .2 feet, t hence north o• 14' 50" west:
31~.28 feet to the true point of beginning, thence
north o• 14' 50" west 293.7 2 feet, thence 89° 56' 56"
west 75.03 fee t, thence southwesterly alonp,
east line of the pro posed South Platte River Channel
on a curve to the right for a distance of 29 .31 feet,
said curve having a central angle of 3• 47' 32", a
radius of 442 .84 feet and a chord of 29 .30 feet, thence
south 12• 55' 19 " west along said east line of river
channel for a distance of 240 .0 feet, thence south 77•
04' 41" east along north line of proposed Big Dry Creek
Channel for a dist ance of 139 .09 feet to the point of
beginning. Containing 2 9,624 .67 square fe~t or 0 .680
acres of land, also known as numbered as 2301 Weat
Chenango Avenue, Little t on, Colorado 80120.
I . Englewood and Li ttleton agree that: t:bey will make
auch conve yance s as shall result in the title to t:he above-
described real property being in the names of Englewood,
Littleton, and Castlewood, each having an undivided one-
third (1/3) interest, which property ia to be held by aaid
three parties for perpetual use as a training facility.
C. Said property shall be under the joint control
of Littleton, En g lewood, the Littleton District, and Castle-
wood, and the use shall not be changed without the consent
of all parties to this Agreement. Should the facility cease
to functi on aa a training center for fire prevention and
protection, the City Councils of Englewood and Littleton ·,
and the Bo~rda of Directors of the Littleton District and
Castlewood shall thereafter be free to di s pose of the
structures and r eal property as they shall see fit .
II. CASTLEWOOD PURCHASE PRICE
Castlewood shall pay to the treasurer of the City of Littleton on
behalf of the co~.mittee the aurn .of ninety-two thousand
($9 2,000.00) dollars, in consideration of the interest in the
property to be convey ed and the righ ts to the facility herein .
acquired, which sum shall be payable as follows: F.igbty Thou.and
($80,000 .00) imm edia ely u pon execution of this Agreement, and
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Twelve Thousa nd ($12 ,000 .0 0) wi thin one year from the date
of execution hereof .
II I. CONSTRUCTION OF FUT URE IMPROVEMENTS
A. _The parties hereto s hall. from time to time.
mu tu ally designate an architect to design improvements
to the fire training facility utilizing the assistance of
recoamendations by th'e Joint Training Facility Coramittee.
I . The sum paid by Castlewood shall be deposited in
a special account known as the District-Englewood-Littleton
acc ount at the Littleton National Banlt. Disbursements
from said accoun t shall be made in accordance with this
Ag r eement by the s i gnatures of the Treasurer and City
Manager of Littleton and an annual audit of this account
s ha ll be made as part of Littleton's annual audit.
C. After the preparation of the final plans and
specifications for any improvements to said facility. and
after approval of the same by the Fire Chiefs of Englewood,
Littleton, and Castlewood, and the Joint Training Facility
Coaaitt ... tba architect shall submit said plana and speci-
fications to bid under procedures required for public projects.
D. The award of any bid to a general contractor shall
be after the joint approval of all parties to this Aereemant.
E. Af t er the award of the bid to a general contractor,
as provided in Paragraph D above, it ii agreed that the
f i r t $92,000 .00 in costs for any improvement• shall be
pa i d from the sum paid by Castlewood under Paragraph II
he r eof, and from any sums held for the Corranittee for purposes
of c onstru ction . It is further agreed that any excess of
c o st over said sums for the de sign and construction of any
improvements shall be paid for by the parties on the following
p r o rata basis :
Eng lewood
Cast lewood
Lit tl e t on
Littleton District 1
(4)
33 l/3't
33 l/3t
16 2/3'1.
16 2/ 3'%.
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F . No u turc i mp roveme nts hal b undertaken on the
a bove-desc r ib e d property without the joint authorization
of a ll parties h e r eto.
lV PE RATION OF FACILITY
A. A permane nt corran i ttee to be k nown as the Joint
Tr aini ng Facility Conunittee (h rcinaf t er "Committee"), is
hereby established. The coinmittee shall be composed of
six (6) people, two (2) shall be ap pointed by the City
Manager of Englewood, two (2) shal l be appointed by the
Board of Directors of Castlewood, o~e (1) shall be a~pointed
by the City ~ana g er of Littleton, and ant! (1) shall be
a ppointed by the Board of Direc t ors of the Littleton District.
All of said appointments shall be made within thirty (30)
day• from the date of this Agre eme nt and written notice of
said appointments shall be given by each party to all other
partie• hl!reto .
B. The purpose of the Committee shall be to provide
dmini•trat i ve direction for all operations of the joint
tr ining facility and attendant matt ers. including construc-
t i on of improvements.
r . De cisions of the Co1111Dittee shall be made by a
maj ority vote. In the event that a majority vote cannot be
a rr ived at on any matters within th e scope of their
au thor ity, then, and in that event, a seventh member of the
Commit t ee shall be appointed fo r the purpose of reaching
a d e t e rm ination of that i ssue only . The seventh member shall
be an individua l whose identity i s agr eed up on by all of the
parties h er e t o, or, i n t he a bs ence of such a greeme nt, the
sev e n t h member sh a ll b e app oi n ·ed by the presi ding Judge of
t he Ei gh teenth J u d i c i al Di str ict o f t he State of Colorado, and
as sev e nth mcm be s o ap p o i n c d sha ll be one who is experienced
in t h e f i el1 of fire prevention a n d fire fighting t e chniques .
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D. All appo i nt cs ma de under Pa r agraph A above , shall
erve at t he p lc sure of the appointing auth o ri y and any
v c n y occurring on s a id Comm ittee for any reason shall be
fille d within thir ty (30) days by said appoi nting a uthority
i th no tic e of said new appointmen t be ing given aa required
above.
E. The Cormnit tee may adopt such rules of procedure
t hat they deem advis able .
F. The Committee shall establish all necessary
rules and regulations concern ing t he operation and use of said
train ing facility.
G. The Co mmi ttee shall establish a rental schedule
for use of the t r aining facility by outside parties.
H. The Committee, on or before June lat of each
year, shall prepare and submit a budget for the operation and
maintenance of the training facility for the following year
to each of the part ies hereto , an amount totaling the
full amount of said b udget s hall be deposited in the account
set forth under Paragraph II B a bove on the following pro
rata basis on or before Januraty 1 5th of the followin&
year, to wit :
Englewood
Cast ewoo d
Littleton
Littleton Dis trict
33 l/3'l.
33 l/J'l.
16 2/3'l.
16 2/3'l.
Pa Y.m ents from said account shall be made by the signature
of th Littleton Treasurer and City Manager and all payments
shall b e in accordance with th approv ed budget .
I . Any suppleme n a l appropriation to the app roved
bu get s hall b e jointly approved and pa id in accordanc e
th Paragraph H above .
J. ormal operatio nd maintenance costs shall
include those utility c os ts incid ntal to th e operation of
said facility, gcth•r with h t in urance n c e ssary
to adequat ely cover sa i d f acility .
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v . USE OF FA CI LI TI ES
A . Th u s 0 t ht> t r l ni n fa c il it i e s s hall e
l imi t ed .to h e pa r ties h ereto a nd sha 1 , at h e p leasure of
t he Commi t tee, be m de avail able f o r other recognized bona
f ide f ~r e depar tm ent s, l aw e nfo r cement agencies, re scue and
t her e r g en c y uni ts . en t a l of aid facilities to other
dgencies sh 1 1 be at a rate determi ned by the Committee and
provided for in Paragraph IV G above. Those rental• received
for use for s aid facilities shall be deposited in the account
e tabl ished under I ll B abov e and credited to the parties to
t hi s Agreeme nt as fol lows :
Englewood
Castlewood
Littleton
Littleton Di strict
33 l/3't
33 1/31.
16 2/3%
16 2/37.
B. Should he training facility be da!DAged or
destroyed while used by any party to this tgreement or other
renting agenc y a nd as a res u lt of said use, it shall be the
r sponsibility of that agency to pay for any and all damagea
done to these facilities should said damage not be covered
by any insurance .
C. Ho p ar ty to thia Agreement shall assign any rights
h ereunde witho ut the cons e n t of the other partie•. All of the
terms and pr ov isions he reo f s h all be binding upon and inure to
t h e benefit of the parties he r e to , their successors and
a s i gns .
VI . T~RM IN AT IO tl
This Ag e me nt m y on l y be t e mina t e d or a mended upon
th join a ppr ov al of a 1 1 t h part: ies h re to .
EXEC UTED I N Ar ap aho e Co u nty, Co l o r do, h is day of
--------· 197 9 .'
ATTE ST : CI TY OF LI TTLET ON
A0 PIWVED AS TO FRO:f :
<"'T T Y ATTOP 'F:Y (7)
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ATTEST :
tlcy Cler~
APPROVED AS TO FROM :
City Attorney
ATTEST :
Secretary
APPROVED AS TO FROM :
Attorney
ATl'EST
Gerald L. Meyer, Secretary
APPROVED AS TO FROM :
Attorney
CITY OF ENGLEWOOD
LITTLETON FIRE PROTECTION DISTRICT
By
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CASTLEWOOD FIRE PROTECTION DISTRICT
Byn--.-r-....--..~~---~....,...,,__.,_.~ Martin D. Baum, Pre•ident
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