HomeMy WebLinkAbout1995 Ordinance No. 029•
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ORDINANCE NO .,!:/
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF
LITTLETON, COLORADO WITH RESPECT TO THE FINANCING OF MEDIAN
LIGHTING ENHANCEMENTS ALONG THE SOUTH SANTA FE CORRIDOR.
WHEREAS, the Tri-City Planning Group was formed in 1991 by the cities of
Englewood, Littleton and Sheridan to establish criteria for improvements along the
South Santa Fe Corridor; and
WHEREAS, the Colorado Department of Transportation (C DOT) provided an
initial cost. estimate for each city's assessable improvem ents: and
WHEREAS, th e City of Sheridan's portion originally was estimated by CDOT at
$60,000 .00; and
WHEREAS, the Colorado Department of Transportation revised its estimate with
the final estimate of Sheridan's portion being $156,670.00, resulting in an increase of
$76,670.00, to S1 clan ; and
WHER . , Lhe City of Sheridan is not in a financial position to pay the increase;
and
WHEREAS, the cost sharing ammgemen : ias been negotiated wherein t he full
co ,,t. of Sheridan's Hghting will be borne by En i lewood and Littletr 11 equally ($38,335
from each);
NC IV, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
~ Th e in tergovernmental agreement with respect to the financing of
median lighting enhancements along the South Santa Fe Corridor attached hereto as
"Exhibit A· is hereby accepted and approved by the Englewood City Council. The
Mayor is authorized to execute and the City Clerk to attest and seal the Agreeme nt for
and on behalf of the City of Englewood , Colorado.
In troduced, read in full, and passed on first reading on th e 19th day of June, 1995 .
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Publi shed as a Bill for an Ordinance on th e 22nd day of June, 1996.
Read by title and passed on final r eading on the 3rd day of July, 1995 .
Published by title as Ordinance No .:Jl. Series of 1995, on the 6th day or July,
1995.
I. Lou cri shia A. Elli s, City Cl erk of the Cilt of Englewood , Colorado, hereby
certify that th e above and fo r egoi ng is a true co py of th e Ordin ance passed on fin al
•--M' '""'"'"»,ti'•" o,ruo Mo NoZl_, Z« &,
Loucrishia A. Elli s
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~ITA
AGREEMENT AS TO THE FINANCING OF UGHTING ENHANCEMENT FOR
SOUTH SANTA FE DRIVE (U.S. 86) BETWEEN THE CITY OF UTTLETON,
COLORADO AND THE CITY OF ENGLEWOOD COLORADO .
Thi• Agreement, entered into this ___ day of==--:-:-----,-,_ 1995, by and
between CITY 0~' LITTLETON ("Littleton") and the CITY OF ENGLEWOOD
("Englewood") municipal col'l)orations of the State of Colorado.
WHEREAS . the parties have been workini: toi:ether to croate visual unity in the South
Santa Fe Drive corridor and have adopted desie,, standards and plans for the
recon st ruction of South Santa Fe Drive (U.S. 85 i area through the Tri-City Planning Group
and the Colorado Department of Transportation; and
WH EREAS . the proposed highway li11htin11 improvements, located in the City of
Sh eridan from U. S. 285 South to Stanford Avenue are in integral element of the overall
de sign of the communities and help to establish the character of the communities; and
WHEREAS, the portion of the proposed highway lii:hting improvements, located in the
City of Sheridan from U.S . 285 south to Stanford Avenue, provides a pteway into the cities
of Sheridan, Englewood and Littleton and represents a direct n,flection of the character of
these communities; and
WHEREAS. the Tri-City Planning Group has agreed to be a fir,ancial partner with
COOT to cover the costs; and
WHEREAS . the Tri-City Plannine Group has agreed to participate in the costs
associated with urban design enhancements throughout the co ,ridor with the Colorado
Department of Transportation; and
WHEREAS, The cities of Englewood and Littleton have agned to help finance a portion
of the costs of median li,ihting enhancements for a section of the roadway located in the
city limits of Sheridan;
NOW THEREFORE, in consideration of the covenant. and promises contained herein,
the sufficiency of which is a acknowledged by the parties, the parties agree as follows :
Littleton hereby agrees:
l. To pay for improvements located in the City of Sheridan, up to a maximum of
$38 ,335, for costs in connection with the performance of construction , and
construction engineering/supervision and the related administration of the
"Project".
2. The City of Little ton re presents and warrants that it has taken all actions that are
necessary or that are required by its procedures, bylaw s, tr applicable law, to
legally authorize the und ersigned signatory to ex ecute the Co ntract on behalf of the
City ofLittletor. and to bind th e City of Littleton to the terms of the Contract
Engl ewood hereby Agrees :
1. To pa y for improvements located in the City of Sh eridan, up to a maximum of
$38,335, for costs in co nnection with the performance of con struction , and
construction engin eering/s up ervi sion and the r elated administration of the
"Pr oject".
2. Th• City ofEncl•wood represents and warrants that it has taken all actions that are
neceuary or that are Nqwred by its procedures, bylaws, or applict.ble law, to
legally authorize th• und•rsigned sic,:.,tory to •• .. ~te the Contrect on behalf a( th•
City of Enrlewood and to bind the City of Englewood to the terms of th• Contract.
Mutual Provisions:
1 . Expenditur .. greater than the amount agreed to in this contract shall not be
exceeded unless an amendment to this Contract is first executed by the parties with
the formalities as were undertaken in the adoption of this contract
2 . That said "Project" generally consists of improvements to lighting on South Santa
Fe Drive in the City of Sheridan. The improvements are u set forth in Exhibit "A",
attached hereto.
3. Sh ould either of the Citi .. fai l to provide all of the necessary funds as agreed upon
hereunder for the project, this agreement may be terminated by either party with
respect to the project. Any party terminating its interests and obligations set forth
in the agreement shall not be relieved of any financial oblii.'lltions which existed
prior to the effective date of such termination or which may c :cur as a result of such
term ination.
4 . The term of the contract shall continue through the completion of the project and
recei pt by Englewood of fnal payment from Littleton.
5 . It is expressly understood and agreed that enforcement of the terms and conditions
of the contract, and all rights of action relatinr to such enforcement, shall be
strictly reserved to Englewood and Littleton, and nothing contained in the contract
shall give or allow any such claim or right of action by any other or third person on
such contract. It is the express intention of Enelewood and Littleton that any person
other than the City of Englewood or the City of Littleton shall be deemed to be an
inciden ta! beneficiary only. ·
Th is Agreement shall be binding upon and inure to the benefit of the parties here 'o, their
successors and assigns .
In Witness, the City of Englewood and the City of Littleton have caused this Agree111ent to
be executed by their respective officials and attested to on the date subsequenUy listed .
CITY OF ENGLEWOOD,
ATTE ST
By : ____________ _
Laucrishia A. Ellis, Ci ty Clerk Thomas J . Burns, Mayor
Dated : ________ _
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ATTEST :
Janice Owen, City Cleric
Daud:. _______ _
CITY OF LITTLETON,
By :-----------
Denn.is Reynolds,
President of Council
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COUNCIL COMMUNICATION
Data Agenda Item
June 19. 1995
10 a iv
INITIATED BY
Subject
Ordinance -Intergovernmental
Agreement wilt, City of Littleton
Department of Public Works I STAFF SOURCE
Charles Esterly , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A separate intergovernmenta l agreement with the Colorado Department of Transportation (CDOD will be
executed concurrent with th is agreemen t
RECOMMENDED ACTION
Staff seeks Council approval of an ord inance ID enter into an agreement with the City of Littleton to splij the cos t of
unanticipated expe nses for Sherida n's portion of the median and ligh ti ng enhancement contract with COOT .
BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIEI>
Coors original esti mates have been revised upward by an addijional $76 ,670. Sheridan is not in a financial
position to pay add itional amounts over what they have already committed to pay . Englewood and Littleton have
agreed to splij these costs. Englewood wil pay the whole cost of $76 ,670 to COOT . Th is intergovernmental
agreemen t will requ ire Littleton to re imburse Englewood onHaW of that amount, or $38 ,335.
FINANCIAL IMPACT
Englewood 's portion will not exceed $38 ,335 . Littl eton is committed to match ing Englewood 's contribu tion ~,lia r
fo r do llar up to th e $38 .335 li mit
UST OF ATTACHMENTS
Bill fo r an Ord inance
lnteryov emmenta l Agree ment