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Home My WebLink About1996 Ordinance No. 034e • • ORDINANCE NO .!!t. SERIES OF 1996 BY AUTHORITY COIJNCU.. BILL NO. 37 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SHERIDAN , COLORADO AND THE CITY OF ENGLEWOOD . COLORADO PERTAlNING TO THE OVERLAY OF SOUTH CLAY STREET. WHEREAS. Englewood heavy truck traffic to the Englewood Golf Coune d,•ring its co nstruction may have contributed to premature deterioration of the uisting surface treatment on South Clay Street which is B1ljacent to the Englewood Golf Course; and WHEREAS. the City of Sheridan w' .. h,s to overlay South Clay Street: and WHEREAS, the City of Englewood owns , operates and maintains pa vine and associated co nstruction equipment for the purpose of constructing new roadways or ove rlaying existing roadways with new asphalt; and WHEREAS, Sheridan and Englewood desire to cooperate with one another for the mutual benefit of Sheridan and the Englewood Golf Course maintenance operations: a nd 'VHEREAS. this Agreement will be of use and benefit to the citizens of both Sheridan and Englewood: NO W. THEREFORE. BE lT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , CO LORADO . AS FOLLOWS : / 5.e.cri.lm...l . The intqrgovernmental agreement between the City of Sheridan and the City of Englewood, Colorodo pertaining to the overlay of South Clay Street. attached as "Exhibit A", is hereby acr,µted and approved by the Englewood City Council . The Mayor is authorized u, execute and the City Clerk to attest and seal the .¼reement fo r and on behalf of the City of Englewood, Colorado. Introduced. read in full. and passed on first reading on the 5th day of August. 1996 . .]. Publiahed u a Bill for an Ordinance on the 8th day of Auguat, 1996 . Read by title and puaed on final rea~ OD tho 19th day of Auguot , 1996. Published by title as Ordinance No.it Seriea ofl996, OD the 22nd day of August, 1996. ~ti.(£ Loucrishia A. Ellis, City Clerk I , Louc:rishia A. Ellis , City Clerk of the City ofi,l"Wood, Colorado, hereby certify that the above and foregoing is a true copy e Ordinance passed OD final reading and published by title as Ordinance No . , Series of 1996 . L~tilk Loucrishia A. Ellis -2- • • • • • • INTEB.GOVDNMENTAL AGREEMENT THIS AGREEMENT, ii entered into this __ day of ____ 1996 by and between the City Of Sheridan, whooe addn,u ia 4101 South Federal Boulevard, Sheridan, Colorado B0ll0 (hereinafter referred to u ("Sheridan") and the City of Englewood, whose address is 3400 South Elati Street, Englewood, Colorado B0ll0 (hereinafter referred to u "Englewood"). WHEREAS, Section 18 (2 ) (a ) of Article XIV of the Colorado Constitution, u well as Sections 29-1-201, clil:sl-, and 29-20-105 of the Colorado Reviled Statuteo authoriu and enco urage governments to cooperate by contracting with one another for th.eir mutual benefit; and WHEREAS, Englewood heavy truck traffic to the Englewood Go lf Courae may have co ntribu ted to premature deteriorating of the existing surface treatment on South Clay Street adjacent to the Englewood Golf Cour.ie; and WHEREAS . Shendan wishes to overlay South Clay Street 1djacent to the Englewood Golf Course; and WHEREAS, Englewood owns, operates and maintains paving and associated co ns truction equipment fo r the purpose of constructing n ew roadways or O\'erlaying existing roadways with new asphalt; and WHEREAS. Sheridan and Englewood desire to cooperate with one another for the mutual benefit of Sheridan and the Englewood Golf Co urae maintenance operations; and WH EREAS, this Agreement will be of use and benefit to the ci tizens of both Sheridan and Engl ewood: '.'<OW THEREFORE THE PARTIES HERETO , FOR GOOD AND VAL UABLE CONSID ERATIO N. THE RECEIPT AN D SUFFICIENCY 01' WHICH IS HEREBY ACKNOWLEDGED. t '.EREBY AGREE AB FOLLOWS : A. RESPONSIB ILITIES OF PARTIES. 1. Englewood s h a ll make available to Sheridan its paving and as,ociated construction equipment fo r preparing the existing roadway and overlaying, inclusive. for the purpose of overl aying approximately four thousand four hundred (4,400) square ya rds of asphal t . The paving d e pth will average approximately three inches (3"). and lhe existing pave d surface varies in width from fifteen feet (15') to twenty-three feet (23 '). 2. Employees or contractors of Englewood shall opera t e the equipment for Sheridan on S outh Clay Str eet between West Mansfield Avenue and Bear Creek on the North. 3. En glewood shall perform . at all times, all r epairs and maintenance to the equipment necessary. during the time periods in which the equipment is bell'.; used in Sher idan . -1- 4 . En1lewoocl ohaJJ be reoponaible for all traffic control and Sheridan ahalJ be relJIOD,lible for any olh,,r work not uaoc:iated dJn,ctJy with the operation of the paving • equipment. 5. Sheridan ohaJJ be ruponeible for all material ,.,.t, anociated with the preparation of oxiatinJ roadway and the construction of the new s• upbaltic concrete overlay work. The coot of materials ue currently ntimated to be $15,000 .00 ; hawever, Sheridan will be reeponaible for the actual coata not to exceed a muimum of$17,000.00. 6. Englewood's contribution to thiJ effort ohall be limited to su pplying and operating the equipment necessary for preparation of exieting roadway , construction of 3• aspabaltic concreu overlay and costs usociated with traffic control . 7. Englewood offers no warranty or guar,,,:.i.ee for this work . B. ASSIGNMENT. This Agreement shall not be assigne.! by either party without the prior written consent of the other. C. NOTICE . An y notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent ~Y certified mail or registered mail. postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below , or at such other address as has been previously furnished in writing, "' the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail . The notice shall be sent to: City of Englewood Public Wo.rks 3400 South Eleti Street Englewood . Colorado 80110 D. PARAGRAfl! CAPTIO NS . City of Sheridan 4101 South Federal Blvd . Sheridan. Colorado 80110 Th e captions of the paragraphs are set forth nnl y for the conveni ence and re ference of the parries are not intended in any way to define, limit or describe th e s cope or intent of this AgT eement. E . IN'fEGRATIO •: A1"D AMENDMENT . TI-Js Agreement repreu,t.s the entire agreement between the parties and there are no oral or iateral agte-ements or understandings . This Agreement ma y be amended only by an instrument in wr,:ing siimed \Jy the parties. lf any other provision shall be affected by s uch holding, all of ti'• remaining provisions of this Agreement shall continue in full \orce and effect . F. WAIVER OF BREACH . A waiver by any party to this Agretment or the bre ach of any term or provi sion of thi s Agree ment shall no t operate or be cons tru ed as a wai ve r of an y subsequeut bre ach by eithe r part y . • • • • • G. AUTHORITY . The parties hereto warrant that the aipatoriea below have full and lawful authority to e•ecute this Agreement on behalf of Sheridan and Englewood. IN WITNESS WHEREOF, the parties hereto have e .. cuted this Contract the day and year first written above . ATTEST : CITY OF ENGLEWOOD Loucrishia A. Ellis. City Clerk Thomaa J . Bums, Mayor ATTEST: CITY OF SHERIDAN Dee Heath. Ci ty Clerk Dale Patton, Mayor -3- • • Date August 5, 1996 INITIATED BY COUNCIL COMMUNICATION Agenda Item 11 a ii STAFF SOURCE Subject Ordinance for lntergovemmental Agreeme nt with City of Sheridan Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental Cooperatio n RECOMMENDED ACTION Staff seeks Council approval of an ord inan<:!I to enter into an agreement with the City of Shendan cooperating in the asphaltic concrete overlay of the 3600-4000 blocks of South Clay St. BACKGOUND , ANAL 'fSIS , AND ALTERNATIVES IDENTIFIED South Clay Street located ,,.,ithin lhe City of Sheridan and adjacent to Englewood 's Golf Course , is a gravel base with a non-structural , double slun-y seal. surface . The City of Sheridan has approached the City of Englewood to cooperate in the paving of this roadway . The construction of th e Golf Co urse , and subsequent maintenance operations , may have contnbut ed lo premature deteriora tion of this roadw ay. Several meetings with She rid an officials have led to the propos <,d 1ntergovemmenlal agreement The proposed agreement requ ires the City of Shen1an to pay for paving materia ls. with the City of Englewood stree t crews supp lyi ng the equipment and labor. Toa agreement calls for En glewood to prep the existing roadway , constru ct a 3· asp haltic co, :rote overlay , and suiply necessary traffic control. Due to the nature of the existing roadway, Englewood is not offering a warranty or guarantee for any of this won<. FINANCIAL IMPACT The City of Shendan will contribute up to $17,000 fo r materials . The Golf Course Enterp nse '·und will com pensate the General Fund an esti mated SS ,000 for labor and equipme nt. Ll ilT OF ATTAC HMENTS • Proposed lntergove mmenu l Agreement