HomeMy WebLinkAbout1985 Ordinance No. 041•
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ORDINAOCE 00 . // /
SERIES OF 198~
BY AUTHORITY
COUOCIL BILL NO . 47
Hll'ROIJOCED BY COUOCI L
Ml'MBER BRADSHAW
AN OROINAOCE APPROVING AN AGREEMEITT BE'IWEEN THE CITY OF ENGLEl</000
AND '!'HE ENGLEl</000 URBAN RENEWAL AUTHORITY PROVIDING FOR OPERATING
STAff , EJQU I PMENT, RELATED SUPPORT AND DEFINING RESPONSIBILITIES .
WHEREAS, the Ci ty ar.a the Authority have determined that for
purposes of econ(JTiy and e fficiency of operation, it is in the best
inte r ests of the public tha'c the operat ing staff of t he Authority
be prov i ded by the City thi:ough its enployees , subject to the terms
a nd conditions of tha t cer tai n Oper a ting Agreanent contai ned in
Ordi na nce No . 9 , Series of 1983 ; and
WHEREAS, the Authority and the City des ire to clarify the
r e spective dut ies of the parties with respecc t o the Englewood
Do wn town Redevelopnen t Pla n (the "Ur ban Renewal Plan") and to
supplement the Operating Agreanent by a nd between the parties dated
Feb r•1ary 22 , 1983 ;
NO.,, TH EREFORE , BE IT ORDA INED BY THE CITY COUOC IL OF TH E
C[1'Y OF ENGLEl-lOOD , COLORADO :
Section l. The agreenent entitled "SUppl enent to Operati ng
Agreanent11 (Supplene nt No. 1) between City of Engl e wood and the
Eng lewood Urban Renewal Authority is hereby arproved , a copy of
whi ch Agreenent i s attachen hereto a nd incorporated herein by
r e fe r e nce .
Section 2 . The i13yo r ;,o,d e:< officio City Cl e rk -Treasurer a r e
here by authon zed to s ign and a ttest said Supplenent to Operating
Aqreenent for and on beha lf of City Council and the City of
Englewood .
Int roduced , r ead in Eull , a nd passed on f irst reading on the
1st day o( J uly , 1985 .
Published as a Bill for an Or dinance on the 3r d d ay of
July , 1985 •
Read by title and passed on final r ead ing on the 15th day of
July, 1985.
Publi s hed by title as Ordinance No. "')/' /, Series of 1985 , on
the 17th day of July , 1985 .
I, Qlry R. Higbee , ex officio Ci ty Cl e rk-Treasure r of t he
City of Engle wood , Colorado , hereby cer tify t hat the above and
fo regoing is a true , accurate and canpl ete copy of the Ordinance
passed on fi na l r eading and published by ti t l e as Ordina nce
No • .::1..J_, Series o f 1985.
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SUPPLEMENT TO OPERATING AGREEMENT
THIS SUPPLEMENT TO OPERATING AGREEMENT dated as of ____ _
l~B •, ("Supplement No. 1") is made by and be tween the CITY OF ENGLEWOOD,
COLOR ADO, a municipal corporat ion ond ho me rul e charter city organized and existing
un der the Con st ;.'ution and laws of the Stale of Colorado (the "Cit y"), on d the
EN GLEWOOD URB AN RENEWAL AUTHORITY, a body corporate and po litic organized
ond exist i ng un der the laws of the State of Col orad o (the "Authority").
RE C ITAL:
T he Author i t y and the C ity des ire t o clarify the r espec t i ve du ties or the pnr l ie s
with respe ct t he Englewood Downtown Red evelopment Plan (th e "U r b•n Ren e wal Plan ")
and t o suppleme nt the Op erating Agreem ent by and betwe en t he par t i es da t ed Februa r y
22 , IY8 3.
NO W, TH EHEFORi::, i1, con si deration of the promi ses and othe r good an d va l uable
consi deration, t he r ece ipt an d adequ acy of wh ich i~ hereby ackn owledged, the pf.rlies
hereby agree as follo ws:
Section I. Utili t y Reloca t io in Urban Rene w&! Pr oj ect. T;,e pa rt ies ackno wledge
and agr ee that under t he approvals of the Urb an Rene wal Pi on gi ve n by t he C ity , all
matters i nvolving public utilit ies in the Urbun Renewal Area ore und er th e direct
supervision ond control of the Ci t y and arc to be governed by applicabl e franch ise
agreements by an d betwee n t he C it y an d t he respec tive pub lic ut i l Hy companies or by
commvn lawi en d, f urth er , t hat th e Cit y agr ees t ha t ell r eq ue sts, di rectives , co mmun i -
cation, and orders t o be issued t o or d irected t o any pu bl i c ut ility i n conn ect ion with
t he execu t ion of the Urbnn Hencwu l Plan shall be t he sole respo nsibi l i t y of th e C i t y
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ac ting by and through the ______ Depa rtment. It is th e intenti•>n of the parties
that , a s be tween the Cit y and the Authori ty , the City shall be responsible for carrying
out any an d all utilit y r elocation , upgrading, installation modi fication or any other
matt er re quiri ng acti on or activity by any public utility o perating within the area
cover ed by the Urban Renewal P lan.
Section 2. Effec t of Supplement. Except as s~p plemented and clarified by this
Supple ment No. 1, the Ope ra t ing Agreement by and between the City and the Au t hority
dated February 22, 198 3, s hr ll r emain un changed and in full for ce and e ff ect.
JN WITNESS WH EREOF, the p~r ties here to have e xe cuted t his agreement as of
t he day and year first above written.
ATTEST:
ATT ES T:
C it y Clerk
(SEAL)
Secre tary
(SEA L)
C ITY OF ENGLEWOOD , COLORADO
fl ·
Mayo r
ENGLE WOOD UR BAN RENEWA L AUTHOR ITY
By ___ ------,,C~h~a,'"r m=an;;------
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