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HomeMy WebLinkAbout1974 Ordinance No. 029-"'.. . • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING BY AUTHORITY ORDINANCE NO. .29 , SERIES OF 1974 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF SHERIDAN, COLORADO AND ENGLEWOOD, COLORADO RELATING TO A MULTIPLE USE RECREATION FACILITY. WHEREAS, the City of Sheridan, Arapahoe County, Colorado and the City of Englewood, Arapahoe County, Colorado are desirous of providing a Multiple Use Rec- reation Facility along the South Platte River; and WHEREAS, it is hereby declared that such facility will promote the health and general welfare of the res- idents of the two cities; and · WHEREAS, it is agreed that such recreational and open space areas shall be available to the residents and citizens of both the Cities . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado shall enter into an Agreement with the City of Sheridan, Colorado, according to the provisions of that certain written instrument captioned "Agreement Between the Cities of Englewood and Sheridan, Colorado Relating to a Multiple Use Recreation Facility", which is attached hereto, con- sisting of eight (8) typewritten pages and is incorporated herein by this reference. Said instrument provides: 1. That an area lying generally between Oxford Avenue on the south, and Bear Creek on the north, Clay Street on the west, and Natches Court, as extended, containing approximately two hundred twenty-four (224) acres, is an area accessible and convenient to the residents of both the Cities, to accommodate an active and passive Multiple Use Recreation Facility, all of the said area being located entirely within the boundaries of the City of Sheridan, Colorado . -1- • • • 2. That approximately one hundred two (102) acres of the proposed area is presently owned by, or under option to, the City of Englewood, Colorado. 3. That the development of said Recreation Facility shall be in substantial conformity with that certain report of Brauer and Associates, Inc., Planners, Landscape Architects, and Engineers, dated April 26, 1974, and entitled "South Platte River Redevelopment Plan -City of Englewood, Colorado, Summary Report". 4. That it is the intent of the legislative bodies of both Cities, that said Recreation Facility shall be, and remain within, the municipal boundaries of the City of Sheridan, Colorado; subject, however, to the provisions of the Colorado Revised Statutes as may be applicable thereto. 5. The City of Englewood does agree that upon the acquisition of the proposed area necessary to accommodate the said Facility, it shall convey by appropriate instrument to the City of Sheridan, a strip of land which shall be thirty (30) feet immediately adjoining the north right-of-way line of West Oxford Avenue, along the entire southerly boundary of the proposed Multiple Use Recreation Facility. 6. That both Cities covenant and agree that the residents and citizens of said Cities shall be granted equal use of the entire proposed Recreational Facility. 7. Said Agreement shall continue for a per- petual period unless terminated by mutual agree- ment or by operation of law; however, the City Council of the City of Englewood shall have the right, in its discretion, to abandon said pro- ject and terminate this Agreement. 8. Said Agreement is entered into pursuant to the basic powers of the Cities to contract with each other, and pursuant to the enactment by the State Legislature in 1971 of an amendment to C.R.S. 1963, 88-2-1 • -2- • • • • Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado to subscribe his name to said Agree- ment and the City Clerk-Treasurer to attest the same, on and in behalf of the City Council and the City of Engle- wood, Colorado. Introduced, read in full and passed on first reading on the 5th day of August, 1974. Published as a Bill for an Ordinance on the 8th day of August, 1974. Read by title and passed on final reading on the 19th day of August, 1974. Published by title as Ordinance No. of 1974, on the 22nd day of August, 1974 . ATTEST: e~~~:~ C~~Clerk-Treasure~ ___ , Series 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. ~-S9 , Series of 1974. ex of~c~~y Clerk-Treasurer -3- • • • AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND SHERIDAN, COLORADO RELATING TO A MULTIPLE USE RECREATION FACILITY . THIS AGREEMENT made and entered into this ___ day of ----------' 1974, by and between the cities of ENGLEWOOD and SHERIDAN, COLORADO. RECITALS AND DECLARATION OF PURPOSE The legislative bodies of the City of Englewood, Co lo rado, and the City of Sheridan, Colorado, are desirous o f providing a Multiple Use Recreation Facility along the South Platte River to accommodate an eighteen (18) hole go l f course, a golf driving range, a club house, a river green belt, hike and bike nature trails, a slow-pitch softball complex, and a garden plot; and to enter into this Agreement to achieve this objective. In furtherance of this goal, it is the express purpose of this Agreement: (1) To promote the health and general welfare o f the residents of the two Cities; (2) To prevent congestion in the streets and overcrowding of land, and to facilitate adequate light air, and to conserve_ green belt areas and space within an urban area; and (3) To provide these recreational and open space areas to the residents and citizens of both the City of Englewood and the City of Sheridan. -1- • • • FINDINGS The legislative bodies of the City of Englewood, Colorado, and the City of Sheridan, Colorado, have reviewed certain conceptual planning, which has been done in this regard by Brauer and Associates, Inc., Planners, Land- scape Architects, and Engineers, as contained in their Suamary Report under date of April 26, 1974, and make the following findings ·therefrom: (1) That an area lying generally between Oxford Avenue on the south, and Bear Creek on the north, Clay Street on the west, and Natches Court, as extended, con- taining approximately two hundred twenty-four (224) acres, is an area accessible and convenient to the residents of the Cities, to accODDDOdate an active and passive Multiple Use Recreation Facility. (2) That the said area is located entirely within the boundaries of the City of Sheridan, Colorado. (3) That the acquisition of the area required for the proposed Facility would disrupt or dislocate few, if any, of those individuals residi~ within the area, as said area is not presently zoned or used for residential purposes. (4) That Federal and State Grants or Assistance, are, or may be, available for the funding of this project. (5) That approximately one hundred two (102) acres of the proposed area is presently owned by, or under option to, the City of Englewood, Colorado. -2- • • • NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, it is mutually agreed and covenanted as follows: (1) '11lat a Multiple Use Recreation Facility shall be located on a tract, or tracts of land, as shown in that certain report of Brauer and Associates, Inc., Planners, Landscape Architects, and Engineers, dated April 26, 1974, and entitled "South Platte River Redevelop- ment Plan -City of Englewood, Colorado, SU111Dary Report," and that the development of said Recreation Facility shall b e in substantial conformity with said plan, a copy of which is attached hereto, and designated as Exhibit "A", and incorporated herein as though fully set forth. (2) 'nlat all costs and expenses,of whatsoever nature and kind, for the development, completion, maintenance, and operation of said Recreation Facility, shall be the sole obligation and responsibility of the City of Englewood, Colorado. Said costs shall include, but will not be limited to, the planning and design expenses, land acquisition costs, construction costs, and future maintenatce and operation costs of said Facility. 'lbe costs of general municipal services, such as utility, police, fire and other normal municipal services, shall not be considered as operating or maintenance costs of the Facility. 'lbe internal management, operation, rules, regulations, houri of operation, rates, charges, concession privileges, sales of merchandise, recruiting and hiring of employees, shall be the sole -3- • • • function of Englewood. (3) That title to, and actual ownership of, the real estate and improvements on the site, or that may be constructed thereon in the future, ahall be held in the· sole name of the City of Englewood, Colorado, a Municipal corporation, with the exception of that area as set forth in paragraph number (8) below. The City of Sheridan, Colorado, by appropriate instrument, ahall convey any, and all, interests in, and to, said real property to which it may accede, over ~he period of acquisition of said land. Said conveyances shall be made without reservation or restriction. (4) That if necessary, convenient, or advantageous, the City of Sheridan will make joint application with the City of Englewood for appropriate State or Federal Grants to assist in the funding of said Facility, and shall coop- erate in all other or different ways as may be necessary, or advantageous, to achieve the purposes of this Agreement. (5) That the Cities of Englewood and Sheridan, shall jointly seek through cooperative effort, to acquire by negotiation and 'purchase, all necessary land for the said Recreation Facility, and that should negotiations to purchase the necessary land from the present owners fail, after good faith negotiation, that condemnation procedures shall be jointly commenced by said Cities as authorized by law. -4- • • (6) That it is the intent of the legislative bodies of the said Cities, that said Recreation Facility shall be, and remain within, the municipal boundaries of the City of Sheridan, Colorado; subject, however, to the provisions of the Colorado Revised Statutes aa may be applicable thereto. (7) That the City of Englewood in the construction of said Multiple Use Recreation Facility, and the maintenance and operation thereof, does expressly agree to comply with all State and Federal laws and regulations to which munci- palities are subjected, as well as all lawful ordinances and regulations of the City of Sheridan, Colorado, as are applicable to local governments. (8) The City of Englewood does hereby expressly covenant and agree, that upon the acquisition of the proposed area necessary to acco111DOdate the said Facility, it shall convey by appropriate instrument to th• City of Sheridan, a strip of land which shall be thirty (30) feet imnediately adjoining the north right-of-way liD9 of West Oxford Avenue, along the entire southerly boundary of th• proposed Multiple Use Recreation Facility • (9) Said Deed shall convey fee simple title in said land to the City of Sheridan, Colorado. The conveyance thereof shall contain a covenant or restriction that said property shall be forever held and uaed for public rec- reational purposes, as provided for, and consistent with, the proposed uses in the "Stmmary" by said Brauer and Assoc- iates, together with such other uses, including, but not -s- • • • limited to, access (ingress and egress) to the Recreational Facility, and for public parking of vehicles. (10) ntat both Cities covenant and agree that the residents and citizens of said Cities shall be granted equal use of the entire .proposed Recreational Facility,. and that in the future operation of the Facility, there shall be no discrimination of any kind as to the use of the Facility by the residents of the Cities of Englewood and Sheridan. nie residents of the City of Sh!ridan shall not be required to pay any fees or charges in excess of those charged to the residents of the City of Englewood. (11) Englewood shall make full disclosure to Sheridan of all details and progress of the construction and operation of the Facility, and shall not materially deviate from the Sunmary Report of the Consultant without the consent of both legislative bodies. (12) Sheridan shall make full disclosure to Englewood of all proposals, regulations or measures that may affect the operation of the Facility, and consult with Englewood thereon • (13) All sales taxes, and amusement taxes imposed now or in the future by the City of Sheridan, shall be collected from all users of the Recreational Facility and remitted in full to the City of Sheridan. MISCELLANEOUS PROVISIONS (1) This Agreement shall continue for a perpetual period unless terminated by mutual agre••nt or by -6- • • • operation of law; however, the City Council of the City of Englewood shall have the right, in its discretion, to abandon said project and terminate this Agreement. In the event that the City Council of Englewood shall abandon and terminate the Agreement, Sheridan shall upon request reconvey all of said land conveyed to it pursuant to paragraph 8 above. Should Englewood elect to sell any land, which it had acquired pursuant to this Agreement for said Rec- reational Facilities, then Englewood shall first offer the same to the City of Sheridan at a price to be mutually agreed upon. (2) Each City shall adopt an ordinance with similar content, approving and authorizing entry into this Agreement. (3) This Agreement is entered into pursuant to the basic powers of the Cities to contract with each other, and pursuant to the enactment by the State Legislature in 1971 of an amendment to C.R.S. 1963, 88-2-1. (4) The City of Englewood and its officers, agents and employees shall not discr·iminate because of race, color, religion, ancestry, sex, or national origin against any person by refusing to furnish said person any service or privilege offered to, or enjoyed by, the general public, nor shall Englewood, or its employees, publicize the Facilities provided hereunder, in any manner that would directly or -7- • • • •I inferentially reflect on the acceptability of any person because of race, religion, color, ancestry, sex, or national origin. IN WITNESS WHEREOF the Cities have caused this Agreement to be signed in its corporate n ... s by its Mayors and City Clerks or Directors of Finance, the day and year fir•• above written. CITY OF ENGLEWOOD By---------------------------------Mayor ATl'EST: ex officio City Clerk-Treasurer CITY OF SHERIDAN By __ ~----------------------------Mayor ATl'EST: City Clerk -8-