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HomeMy WebLinkAbout1974 Ordinance No. 005• • • INTRODUCED AS A BILL BY COUNCILMAN BROWN BY AUTIIORITY ORDINANCE NO. .S-, SERIES OF 1974 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANS- PORTATION DISTRICT AND THE CITIES OF LITTLETON AND ENGLEWOOD, COLORAOO, RELATING TO THE OPERATION OF A PUBLIC MASS TRANSIT SYSTEM KNOWN AS THE ENGLEWOOD, LITTIBTON, FORT LOGAN BUS LINE, AND THE ASSUMPTION BY1 THE RTD OF COSTS OF OPERATION THEREOF. WHEREAS, Englewood and Littleton presently jointly operate a public mass transit system known as Englewood, Littleton, Fort Logan Bus Line, providing bus service within a portion of the geographical area encompassed by the Regional Transportation District; and WH ERE AS, the costs of operating the transit system by Englewood and Littleton exceed the revenues provided by said system; and WHEREAS, the Regional Transportation District intends to acquire the assets and assume the operation of various transit . ---properties within the District, including the mass transit assets .--of the Cities of Englewood and Littieton; and WHEREAS, Englewood and Littleton mutually desire to have the RTD assume certain other obligations of the Cities relating to costs of operation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAIX>, as follows: Section 1. That the City of Englewood, Colorado shall enter into an agreement with the Regional Transportation District and the City of Littleton, Colorado according to the provisions of that certain written instrument captioned "Agreement" by and between the Regional Transportation District, a Body Politic of the State of Colorado, and the Cities of En~lewnod and Littleton, -1- • .. • • Colorado, which is attached hereto consisting of four (4) type- written pages, and is hereby incorporated by this reference. Said instrument provides generally as follows: (a) Commencing with the month of January, 1974 and continuing through June, 1974, or until the operatiornor assets relating to t~e Cities mass transit operations are acquired or assumed by RTD, RTD will tender on or before the last day of each month a fixed monthly payment for 0 services of Two Thousand Four Hundreq ($2,400.00) Dollars per month. (b) In return for. the aforementioned payments, the Cities of Englewood and Littleton during the period of the Agreement shall consult and involve the RTD in all policy decisions involving the mass transit equipment or service of the Cities. RTD will have exclusive authority to determine the deployment and utilization of newly acquired items of capital equipment for which RTD has paid the local share of the purchase price, or which the RTD is leasing or purchasing at its own expense. (c) RTD will provide full compensation to the Cities of Englewood and Littleton, in addition to the afore- mentioned service and capital payments, for any incre- mental operating deficits which may result from RTD decisions regarding the deployment and utilization of newly ~cquired capital issue. (d) That RTD is not to be construed or rendered liable for the operation and maintenance of the mass transit system operated by the Cities of Englewood and Littleton, nor for any negligence arising out of the continued operation of such system during the period of the Agreement. The Cities agree to hold harmless and defend the RTD from any and all claims asserted against RTD by virtue of the Agreement -2- .. .. ... ' . .. • • • • (e) With regard to the deployment and operation of items of capital equipment leased or owned by RTD, Englewood and Littleton shall be liable for that negligence arising out of the maintenance and operation of such equipment by the Cities. Sect i on 2. That the City Council of the City of Englewood here by authorizes the Mayor to subscribe her name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full and passed on first reading on the 21st day of January, 1974. Published as a Bill for an Ordinance on the 24th day of January, 1974. Read by title and passed on final reading on the 4th day of February, 1974 . Published by title as Ordinance No. of 1974, on the 7th day of February, 1974. 5 , Series o~ 4 u,,.:;...&.:;.' 1t~zu-u~-~ "--~OR ~ ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, 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. 5 , Series of 1971~ . ex officio City Clerk-Treasurer