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HomeMy WebLinkAbout1975 Ordinance No. 034• • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTijpRITY ORDINANCE NO. 39 , SERIES OF 1975 A ORDINAN CE APPROVING AN AGREEMENT BETWEEN THE CITY OF E GLEWOOD, COLORADO, A MUNICIPAL CORPORATION, THE CITY F LITT LETON, COLORADO, A MUNICIPAL CORPORATION, AND THE LIT TLET ON FIRE PROTECTION DISTRICT TO ESTABLISH AND CON- S RUCT A JOINT FIRE TRAINING FACILITY. WHEREAS, both Engle wood and Littleton are Home Ru l e c ities operating under Charters pursuant to Article ·x of the Constitution o f t Sta t e of Colorado; and WHEREAS, it is deem ed by the parties to this A reement to be in their best interests to establish and co nstruct a joint fire training facility; and WHEREAS, the parties hereto have agreed to so construct and operate the same on the terms and provisions c ont ained in that certain Agreement under date of May 19, 19 75; and WHEREAS, it is the intention of the cities and the Dis t r ict that none sha l l be a cu stomer of the others, but ra her his facilit y shal l b e co nstructed and operated with o struct ion cost s , cos t s of additions and costs of oper a io n and ma intenance be i ng d i vided between them in a fai r ~n d equitable manne r a s more fully set forth in ee men t attache d h eret o . ~o w, THEREFORE, BE I T ORDAI ED BY THE CITY COUNCIL F T . CIT OF E GL EW OOD, COLORADO, a s follows: That the Cit y of Englewood, Colorado, a muncipal c n ~:~r tion ,sh a ll enter i nto an Agreement with the City of ~ :t~et o n , Colorado, a mun i c·pal corporation, and the tlet on Fire Protec t ion Di st r ict, a quasi-municipal c o r o tion, both a c i ng by and through the ir proper of ·cers , a ccordin g to t he provision of that cer tain -1 - • • • written instrume t c aptioned "Agreement", which is as follows: AGREEMENT -----~--- THIS AGREEMENT, ade a nd entered into this day of ---- --------' 1975 , b y and between the City of Littleton, Colorado, (hereinafter "Littleton"), a Municipar corporation of the State of Colorado; the C ity of Englewood, Color a do, ( e reinafter "Englewood"), a Municipal corporation of the State of Color a do ; nd the Littleton Fire Protection District (hereinafter "Distric ' a f re protection district organized pursuant to the laws of th ta o C lorado . WITNESS ETH: WHEREAS, both Littleto an d Englewood are Home Rule Cities operating under Charter s pu rsuant t o A rti~le XX of the Constitution of the State of Colorado; and WHEREAS . it t s de em n y he parties to this Agreement to be tn their best interests to c t<l lls1 a nd construct a j oint fire training fac i lity; and WHE REAS, the parties ' . •r "·'· ---:~.-· ~ r eto have agreed to so construct and o c·rat e the same on the t e rm a nd rovisions hereinafter set forth; and WHEREAS, it is the int ..t'on of the Cities and the District that none shall be a customer. o f the t hers , but rather this facility shall be constructed and operated with construction costs, costs of additions, and -2 - •• • • costa of operaUon and maintenance beln1 divided between them In a fair and equitable manner as set forth hereinafter with greater specificity; and WIJBREAS, tbla Apeement la made to further the pufPOI• fll the public health, safety and welfare of the ctUzens of Littleton, Enslewood and tbe Dtatrfct. NOW, THEREFORE, It 11 mutually covenanted and agreed by and between the parties heret.o as follows: I. FA CILrrIES A. The Joint facilities which shall be lmown as the Englewood-Littleton Fire Tratnlng Center, shall be located on a four (4) acre parcel of land which Is presently owned by Littleton, said parcel situate In tbe City of Englewood, County of Arapahoe, State of Colorado, to-wit: A tract of land In the NW quarter of the SW quarter of SecUon 9, Townahtp 5, Range 68 West of the 6th P. M., County of Arapahoe, described as follows: Commencing at a point 594 feet north of the SW comer of SecUon 9, thence north 89°59' east a distance of 565. 9 feet; thence north O °d' east a dlatance of 1206. 6 feet; thence north 27°10' east 238. 2 feet t.o the point of beginning, which point ta approximately 248 feet south of the center line of Big Dry Creek; thence north o0 s• west 608 feet to a point, said point being 2 87. 7 feet south of the southerly line of the County road; thence south 89°55' west to the center line of the South Platte River; thence southerly along the center line of the South Platte River t.o a point from which the point of bepmlq bear• north se0 ss• east; thence north 8~55' each to the point of bepnnlng, being -3- •• • • 4.1 acres, more or leaa, 1ubject to all euement.B and rfebta~f-way of record and reaervtng to tbe public, u1e of an easement for sewer and utilities along the east 15' thereof. ·' B. Littleton agrees that it shall convey an undivided one-half (1/2) latere9t ID tile above-de1crlbed real property to hlfewood, wblola propeJ'W 18 to be beld by both munlolpaHUea for perpetual use u a training facility. C. Said property •hall be under the Joint control of Littleton, Englewood, and the Diatrtct and the uae 1hall not be changed without the conaent of all parties to this Agreement. Should the facility c•se to function as a training center for fire prevention, the City Councils of Englewood and Littleton and the Board of the • Dtatrlct aball thereafter be free to dlapoae of the structures and real property as they shall see flt. U. CONSTRUCTION OF IMPROVEMENTS A . 'l1le parties hereto shall mutually designate an architect to deatgn a fire training facility utilizing the assistance of a recommendaUon by the Joint Tratntns Facility Committee. Said faciltty to be conatructed ·upon the lbove:-<fescrtbed property wttb a budget for ita de1lp and construction of $120, ooo. 00. B. Eqlewood'• share of the deatp and coutructtmrbudget shall be sao. 000 and the Dt1trtct'. •hare lhall be $40. 000. Littleton' 8 ooatrlbutton ahall be deemed to be '40. 000 by virtue of the -4- •• land donated by Littleton to this project. Upon execution of this Agreement, Englewood will deposit $7, 500 in a special account to be lmown as District-Englewood-Littleton account at the Littleton National Bank, and District shall deposit fn the same account upon the ~xecutton of this Agreement, $3, 750. Upon · tbe award of a conatrucUon bid per II D below, Englewood shall deposit $72, 500 in the same account and District shall deposit $36,250 in the same account. Disbursements from said account shall be made in accordance with this Agreement by the signatures of the Treasurer and City Manager of Littleton and an annual audit of this ac6ount shall be made as part of Littleton's 1:, . • annual audit. C. After the preparation of the final plans and specifications for said facility, and after approval of the same by the Fire Chiefs of Englewood and Littleton and the Jo1:nt Training Facility Committee, the architect shaJl submit said plans and specifications to bid under procedures required for public projects. D. The award of the bid to the general contractor shall be after the joint aRJroval of all parties to this Agre~ment. After the award of the bid to the general contractor, as provided · tn parasrapb D above, It Is agreed that any excess of cost • -s - • • • for the design and constnactton of said facilities shall be paid for on the following pro rata basis: Englewood 50 % Littleton 25% District 2 5% F . If no contract ts awai:ded pursuant to paragraph D above within twelve (12) months from the date of this Agreement, then the funds remaining in the account established under paragraph n-B .t.ove will be rettamed on a pro rata basis to Dlatrlct and Englewood, after all proper expenses arising from this ~greement have been paid and the undivided one-half (1/2) Interest 1n the subject land retumed by Englewood to Little- ton, and this Agreement shall then be terminated and of no further force or effect • G. No other construction other than as set forth above · shall be allowed on the above-<iescribed property without the joint authorization of District, Englewood and Littleton. m. OPERATION OF FACILITY A . A permanent committee to be known as the Joint Training Facility Committee (hereinafter "Committee'~, shall be established. The O>mmlttee shall be composed of four ( 4) people, two (2) shall be appointed by the City Manager of Englewood, one (1) 1ball be appointed by the City Manager of Littleton, and one . (1) shall be appointed by the Board of District. All of said appointments shall be made within thirty (30) days from the -6 - • date of th ta Agreement and written notice of said appointments shall be given to District, Englewood and Littleton. B. The purpose of the Committee shall be to provide administrative direction for all operations of the joint training facility and attendant matters, both during the course of construction and after the faclltty ts In operation • • c. Dectatons of the Committee shall be made by a majority vote. In the event that a majority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, a fifth member of the Committee shall be appointed • for the purpose of reaching a determination of that issue. The fifth member shall be an individual whose identity is agreed upon by the District, Englewood and Littleton, or in the absence of such agreement, the fifth member shall be appointed by the presiding Judge of the 18th Judicial District of the State of Colorado, and as fifth member so appointed shall be one who ls experienced in the field of fire prevention and fire fighting techniques. D. All appointees made under paragraph A above, shall serve at the pleasure of the appoinUng authority and any vacancy occurring on said Committee for •DY reason shall be filled within thirty · • -7- • (30) days by aaid appointing authority with notice of said new appointment being given as required above. E. The Committee may adopt such rules of procedure that they deem advisable. F. The Committee shall establish all necessary rules and regulations conceming the operation and use of said training facility. G. The Committee shall establish a rental schedule for use of the tratning facility by outside parties • • ff. 'ftle Committee on or before August 1st of each year shall prepare and submit a budget for the operation and maintenance of the Train- Ing Facility for the following year to District, E~lewood, and Littleton • . Upon the approval of said budget by District, Englewood, and Littleton, an amount totaling the full amount of said budget shall be deposited in the account established under 11-B above on the following pro rata basis, on or before January 15th of the following year to-wit: Englewood 50~ L ittleton 25% Distri c t 2 5% Payments from said ccount shall be made by the signature of the Littleton Treasurer and City Manager and all payments aball be In accordance with the approved budget. -8- • •• • • I. Any supplemental appropriation to the approved budget, or any amount required for the first year of operation of the tmtning facility, shall be j ointly approved and paid in accordance with paragraph a above. J. Normal operation and maintenance costs shall include those utility costs Incidental to the operation of said facility, together with that insurance necessary to adequately cover said facility. IV. USE OF FACILITIES A. Tlae uae of the tralnfng factllttea shall be limited to Littleton, • Englewood and the Dlatrict and shall, at the pleasure of the Committee, be available for other recognized bona fide Fire Departments, law enforcement agencies, rescue and other emer- geney units. Rental of said facilities to other agencies shall be at a rate determined by the Committee and provt ded for in m-G above. Those rentals received for use of said facilities shall be deposited in the account established under Il-B above and credited t.o the parties to this Agreement as follows: Englewood Littleton District -9 - 50% 25% 25% • • B. by any party to this Agreement or othe r renting agency and as a result of said use, i t shall be the responsibility of that agency to pay for any and all damages done to these_ facilities should said damage not be covered by any insurance. C . No party to this Agreement shall assign any rights hereunder without the consent of the other parties. All of the terms and provisions hereof shall be binding U.(X>n and inure to the benefit of the parties hereto, their successors and assigns. V. T ERMINATION This Agreement may only be terminated upon the joint approval of Dia trict, Englewood and Little ton. ATTEST: City Cle r k AT ES T : Cfty Clerk EXECUTED this ---day of _______ _. 1975. • ! -1 0 - CITY OF ENGLEWOOD By ____ ~----------------------James L. Taylor, President Englewood City Council CITY OF LITTLETON By~--~------~--------------F. Vaughn Gardinf.er, President Littleton City Council • • • LITTLETON FmE PROTECTION DJ8TRICT ATTEST: Paul Wolf, President Varian Ashbaugh, Secretary Section 2 . The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced,read in full and passed on first reading on the 4th day of August , 1 975. Published as a Bill for an Ordinance on the 7th day of August, 1975. -11- • • • Read by title and passed on final reading on the 18th day of A~gust, 1975. · Published by title as. Ordinance No . .3¥ , Series of 1975, on the 21st day of August, 1975. ATTEST: ex ~~ty~&rea;ure; I, William D. James, do hereby 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 No. :3~ , Series of 1975 . -12-