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HomeMy WebLinkAbout1997 Ordinance No. 083,· ORDINANCE NO. f 3 SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 91 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR CONVEYANCE OF AN EASEMENT" FOR THE OXFORD LIGHT RAIL STATION BETWEEN THE REGIONAL TRANSPORTATION DISTRICT CRTD) AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Regional Transportation District (RTD) is constructing an extension of the RTD's current light rail system from I-25 and Broadway South to Mineral with one of the station locations to be at the Oxford Street intersection; and WHEREAS, the City of Englewood owns property necessary for the construction of the bus drop off for the Oxford station and for related transit purposes; and WHEREAS, the City and RTD desire to enter into an Intergovernmental Agreement providing for the conveyance of an easement for the construction and use of the improvements for the Oxford Light Rail Station; and WHEREAS , RTD will construct upgrades and other amenities to the Oxford Station with the selection and design of these amenities being a cooperative effort between RTD, the City of Englewood and the City of Sheridan; and WHEREAS , RTD will pay for any necessary surveying and title work and will be responsible for all off-street maintenance of the facility; and WHEREAS , the City of Englewood will provide the usual maintenance of public improvements adjacent to the site; and WHEREAS, the Oxford train platform is situated within the city limits of the City of Sheridan and RTD has negotiated an agreement with Sheridan for the Oxford Station; and WHEREAS, the area between South Windermere and the Station platform is located in Englewood; and WHEREAS , RTD will pay $10 ,00!'· towards the cost of Public Service Company's under-grounding adjacent t c tb e sit.8; an(l WHEREAS , the City of Englewood will authorize the expenditure of approximately $55 ,000 from Englewood's under-grounding fund ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Agreement between the Regional Transportation District (RTD) and the City of Englewood , Colorado, pertaining to the conveyance of an easement by Englewood for the Oxford Light Rail Station, attached hereto as "Exhibit 1," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Interlj overnmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 6th day of October, 1997 . Published as a Bill for an Ordinance on the 9th day of October, 1997 . Read by title and passed on final reading on the 20th day of October, 1997. Published by title as Ordinance No.8"'3 , Series of1997, on the 23rd day of October, 1997. I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true COP :'?--,9~ the Ordinance passed on fi nal reading and published by title as Ordinance No.~, Series of 997 . 2 '\ ., ... INTERGOVERNMENTAL AGREEMENT FOR CONVEYANCE OF AN EASEMENT • THIS AGREEMENT, made and entered into as of the date given below, by and between the CITY OF ENGLEWOOD , a Colorado municipal corporation , hereinafter referred to as the "Cityn , with offices at 3400 South Elati Street, Englewood , Colorado, 80110, and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado , hereinafter referred to as the "RTDn, with offices at 1600 Blake Street, Denver, Colorado, 80202, both organized and existing under and Q,.y yirtue of the laws of the State of Colorado . WITNESS ETH : WHEREAS , the RTD desires to construct the Southwest Corridor Light Rail from 1-25 and Broadway south to Mineral with one of the station locations to be at the Oxford Street intersection with the light rail line between Windermere and Santa Fe in the City of Englewood/Sheridan ; and WHEREAS , the City owns property necessary for construction of the bus drop off for the Oxford station for related transit purposes, more particularly described in the attached Exhibit A; and WHEREAS, the City and the RTD desire to enter into an Intergovernmental Agreement providing conveyance of a Transit Easement, for construction and use of the improvements under the terms and conditions set forth below; NOW, THEREFORE , in consideration of ten dollars in-hand-paid, the receipt of which is hereby acknowledged , and the mutual promises contained herein , and for other good and valuable consideration , the sufficiency of all which is hereby expressly acknowledged , the parties agree as follows: (1) EASEMENT: The City agrees to co nvey a permanent transit easement in the form and location shown on the attached Exhibit A, including the perpetual right for RTD , its successors and assigns to enter upon , occupy and transgress the real estate hereinafter described at any and all times as part of it's mass transportation system authorized pursuant to CRS 32-9-101 et seq. , including but not limited to the right to construct and maintain pedestrian access to the station platform and its surrounding landscaped area, as shown on the attached Exhibit B. (2) WARRANTY: The City convenants with RTD that it is lawfully seized and possessed of the real estate above described, that is has a good and lawful right to convey it or any part thereof, that the above described easement is free from all encumbrances and that it will forever warrant and defend the title thereto against the lawful claims of all persons claim ing through the City. RTD shall pay for all surveying , title work and commitments and policies issued as part of this easement. (3) DESIGN , CONSTRUCTION AND REMOVAL: The City will underground existing electric utilities within the public right-of-way adjacent to the Light Rail Station site , from the south side of Oxford Avenue to just north of the sit e. This activity will be completed by July 1, 1998. The RTD will underground all electric utilities on the site itself, and contribute an amount not to exceed $10 ,000 (ten thousand dollars) towards the City 's undergrounding expenses . All Revised : September 16 , 1997 Page :1 E x H I B I T 1 work performed relating to the construction, use, maintenance, repair or removal of the improvements shall be done in a good and workmanlike manner, and in accordance with all applicable governmental requirements. The City will have the right to approve the design of on-• street improvements along South Windermere Street including, but not limited to, location and type of signage, lane configuration , and location of bus stop. (4) MAINTENANCE: The RTD shall, at its own expense, keep and maintain in good repair the improvements and land~aping placed by RTD on the property. The RTD will be responsible for daily inspection of graffiti on the property, and removal of graffiti within 24 hours of its discovery, in accordance with City Ordinances. RTD will install all parking related signage as per approved plans; the City will assume responsibility for maintenance of said signage. RTD will instail and maintain all transit related signage. (5) LIABILITY: To the extend permitted by law, and without waiving its rights and protection as against third parties under CRS 24-10-101 et seq. (the Colorado GovemmentaJ Immunity Act), RTD shall defend , indemnify and hold harmless the City from and against all claims , costs , expenses (including, without limitation , attorneys' fees), arising from or with respect to the death of, or accident, injury, loss or damage caused to any person, as defined in Section 2-4-401 (8) CRS 1973 (as amended , 1990) as a result of RTD's use of the premises. (6) NOTICES : Any notices given pursuant hereto by either party to the other party shall be in writing and mailed by U.S. mail, first class, postage prepaid, addressed as follows: To RTD: To City: Director of Planning & Development Regional Transportation District 1600 Blake Street Denver, Co . 80202 Director of Public Works City of Englewood 3400 S. Elati Street Englewood , Co . 80110 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. (7) AGREEMENT BINDING : This Agreement shall inure to the benefit of and be binding upon the heirs, successors , and assigns of the parties hereto. (8) NON-WAIVER: No assent, expressed or implied, to any breach of any one or more convenants, provisions or conditions of this Agreement shall be deemed or taken to be a waiver of any succeeding or other breach . (9) AMENDMENT: This Agreement may not be amended except in writing by mutual agreement of the parties hereto , nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. (10) HEADINGS : The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. Revised : September 16 , 1997 Pag~ 2 •' (11) ASSIGNABILliY: This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors or ass igns . The assignment of any rights or duties of the RTD is conditioned upon the approval of the City, in writing . IN WITNESS WHEREOF , the parties have duly executed this Agreement, effective this __ day of 1997. -- REGIONAL TRANSPORTATION DISTRICT APPROVED AS TO LEGAL FORM Associate General Counsel for RTD Clarence W. Marsella , General Manager CliY OF ENGLEWOOD APPROVED AS TO LEGAL FORM Office of the City Attorney Thomas J. Bums , Mayor ATIEST: Loucrishia A. Ellis , City Clerk Revised : September 16 , 1997 Page 3 EXHIBIT A GRANT OF EASEMENT THIS GRANT OF AN EASEMENT (Transit Easement) is made this day of -------· 1997, by the CITY OF ENGLEWOOD, COLORADO (Granter), whose address is 3400 South Elati Street, Englewood , Colorado 80110, to the REGIONAL TRANSPORATION DISTRICT (Gr![ltee), whose address is 1600 Blake Street, Denver, Colorado 80202. The parties covenant and agree as follows : 1. Easement Property. The "Easement Property n shall mean the real property located in the County of Arapahoe , State of Colorado , more particularly described as : Parcels SWPE 14A and SWPE 148, as described in Exhibits "C" and "D" respectively Said parcels contain 25, 282 square feet , more or less. 2. Consideration . As consideration for this Grant, Grantee shall pay to Granter the sum of Ten Dollars ($10 . 00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Granter. 3. Grant of Easement. Granter hereby grants to Grantee and its successors and assig ns , a perpetual and exclusive transit easement to construct, reconstruct , use , operate , re move, repair and maintain transit improvements including, but not limited to, pedestrian acces s and parking and all reasonable and necessary appurtenances , on , through , and unde r the following real property situate , lying and being in the City of Englewood , County of Arapahoe, State of Colorado . 4. Access. Granter shall have the perpetual right of ingress and egress in, to , over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights retained by the Granter under this Grant. 5. Rights of Granter. Granter reserves the full right to the undisturbed ownership , use , and occupancy of the Easement Property insofar as said ownership , use, and occupancy is consistent with , and does not impair, the rights granted to Grantee in this Grant. In the event Grantor's improvements under the Easement require repair, replacement or maintenance of any type or kind, Granter may do so with reasonable notice . Cost of repair and restoration of su rface improvements shall be done at the cost of the Grantee. 6. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right , title and interest hereunder of Grantee shall cease and term inate , and Granter shall hold the Easement Property , as the same may then be free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so aband oned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all improvements and appurtenances from the Easemen t P roperty Revised : September 16, 1997 Page 4 ., STATE OF COUNTY OF ) )ss. ) The foregoing instrument was acknowledged before me this day of----- 1997, by Thomas J. Bums as Mayor of the City of Englewood, Colorado. --~ My Commission expires: -------- STATE OF COUNTY OF ) )ss . ) Notary Public Address: GRANTEE: RTD By : The foregoing instrument was acknowledged before me this __ day of ____ _ 1997, by as ____________ of RTD . Notary Public Address: My Commission expires: -------- Revised : September 16, 1997 Page 5 "'C Q) IC Cl> a> 10' SHELTER -HIGHBLOCK ii HAHO I CAP RAl.I' I F"' '"""' .. "'"' J~~JI }I 111 . 1.111 , j ..... l . . ' 2 .... --.. 1§1~' .11 . I.' I I I 1 I • , I ; I f ! ; j ~ j -~ - Ill 'I I : I Iii I I I -! :~i ~ @ ! i ' I ' Id~ f:"' ~'"'"' .,, """ '""""' ! ii ' I 1:1 1 : ii : I II: : 11: : . I I I • 0 . \ ~ .. r· . . zo'-o,, o/.f.l.._ --7 / e e m x I CD PUBLIC SERVIC~X ·~ BIKE RIBS 4 BICYCLE LOCKERS Z PUBLIC: PHONES e -- (Jl m z --i <ll -< ;xi -< Cl Cl m en ...... C> :z e> Cl 0 :z (Jl :;:; c: Cl = I c I "' "' "' "' -0 ,. :;:: .., <= .., "' "' "' "' ... "' "' ! = "' "' .., <= 0 ,.. "' EXHIBIT "C" PERMANENT EASEMENT TO DE GRANTED PARCEL NO. SWPE 14A DESCRIPTION A parcel of land No . SWPE 14A, Regional Transportation District Project called Southwest Corr idor, containing 0 .1869 acres, being a portion of a tract or parcel of land No . A26 as described in Book 6030 Page 559, recorded at the Arapahoe Co unty Clerk and Recorder's office, also being a part of the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, said parcel being more particularly described as follows: Commencing at the intersection point of the easterly right-of-way line of the Atchison, Topeka and Santa Fe Railroad and the northerly right-of -way line of West Oxford Avenue, Thence departing the easterly right -o f -way line o f said railroad along the northerly right-of-way line of said West Oxford Avenue N 89 '59'37" E, a distance of 66.39 feet to t he southwest corner o f said tract or parcel of land No. A26, thence departing the northerly r i ght-of -way line of said West Oxf ord Avenue along the westerly line of said tract or pa rcel o f land No. 1\26, also being the easterly line of South Windermere Street N 16'11'08" E, a distance of 10.82 feet to the true POINT OF BEGINNING1 1. Thence continuing along the westerly line of said tract or parcel of land No . A26 N 16'11'08" E, a distance of 166.38 feet to the Northwest corner of said tract or parcel of land A26; 2 . Thence along the northerly line of said tract or pare~~ of land No . A26 S 89'49'28" E, a distance of 9 .79 feet~ 3. Thence departing said northerly line S 14'25'13" E, a distance of 80 .35 feet; 4. Thence along the ar c o f a non -t angent curve to the right, said curve having a ce ntral angle of 11'21'16", a radius of 257.92 feet, an ar c distance of 51 .11 feet, and a chord bearing S 08'15'31" E , with a chord distance of 51 .03 feet to a point of non-tangency; 5 . Thence along the ar c of a non-tangent curve to the right, said curve having a c entra l angle of 36'26'42", a radius of 41 .88 feet, an arc distance of 26.64 feet, and a cho rd bearing S 15 · 54 '3 ·1" W, wit h a chord distance of 26.19 feet; 6 . Thence N 59'03'08" W, a distance of 6 .20 feet; Page 7 EXHIBIT "C" PAHCEL NO. SWPE 14A PAGE 2 7. Thence along the arc of a non-tangent curve to the right, said curve having a central angle of 56'32'40", a radius of 43.84 feet, an arc distance of 43.26 feet, and a chord bearing S 69'49'42" W, with a chord distance of 41.53 feet; 8. Thence N 81'20'14" W, a distance of 32.40 feet to the true POINT OF BEGINNING. The above described parcel contains 8,142 square feet, 0.1869 acres, more or less. Depicted on Exhibit A, attached. BASIS OF BEARINGS: Bearings are based upon the South line of the Southwest 1/4 of the Northeast 1/4 of Section 4, Township 5 South, Range 68 West of the Sixth Principal Meridian. Said line is monumented on the Center 1/4 corner by a 1-1/2" capped monument, stamped LS 12083, in range box and on the CE 1/16 corner by a 1-1/2" capped monument, stamped LS 12083, in range box and bears N 89°5'7'37" E as based upon the Improvement Survey Plat prepared by Benchmark Surveying, LTD. Said basis was requested by client and any record information containing bearing directions was rotated accordingly . I hereby certify that the previously described permanent easement description has been prepared under my direct supervision and checking. As directed by the Regional Transportation District, the Atchison, Topeka and Santa Fe Railway Right-of-Way line geometry, aliquot lines, aliquot corners and the Basis of Bearing used in this descri.ption were derived from the unrecorded Improvement Survey Plats, dated 02 -15-95, constructed and certified by Benchmark Surveying Inc ., to the Denver and Rio Grande Western Rai.lroad and to The Regional Transportation District and to the Atchison, Topeka and Santa Fe Railroad. 02-03-97 Date revised 02-03-97 Page 8 Daniel P . Wilmeth, P.L.S~ For and on behalf of J.F . Sato & Associates 5898 S. Rapp St. Littleton, CO. 80120 0 JS. SATO ANO ASSOCIATES Con1ullln9 £ngin11ro Pro)tcl llono91ro l Plonnora 5811 So . Rapp SI . • Utffolan, CO lal20 o (lOl) 711-1200 EXHIBIT 60 120 180 A ,....... ____ I g! Q It! ~ r-1 (,j I SCALE IN FEET 1'' = ~· c:S 0::· : ~ ~ ~ c:J . I I 60' I . I ~· a· 0::· b; " ~ Nl6'1 l'OB"E 10.82' Pag~ 9 JOB . NO . JF96069 DESC . SWPE 14A DATE : 12-3-96 BY~RL=S __ SCALE : 1· ~ 60' CHECKED DPW SllEET _}__OF -><.1...!1..__ NOTES : Rev . 2-4 -97 A PORTION OF PARCEL NO. A26 1/4 BK 6030 PG~, 559 N. R.o.w. LINE W. OXFORD AVE'. EXHIBIT "D" PERMANENT EASEMENT TO DE GRANTED PARCEL NO. SWPE 14B DESCRIPTION A parcel of land No . SWPE 148, Regional Transportation District Project called Southwest Corridor, containing 0.3935 acres, being a porti o n of a tract or parcel o f land No . 14 as described in Boo k 6808 Page 430, also being a p ortion of South Windermere Street as described at Book Al Page 25, recorded at the Arapahoe Cou nty Clerk and Recorder's office, also being a part of the Nort hwest 1/4 of the Southeast 1/4 of Section 4, Township 5 South, Range 68 West of the Sixth Pr i ncipal Meridian, City of Englewood, County of Arapahoe, State of Colorado, said parcel being more particularly described as follows: Co mmencing at the intersection point of the easterly right-of-way line of the Atchison, Topeka and Santa Fe Railroad and the n ort herly right-of -way line of West Oxford Avenue, Thence departing the northerly right -of -way line of said West Oxford Avenue along the easterly right-o f -way line of said railroad on the arc of a curve to the right, said curve having a central angle of 00·10 1 53", a radius of 5504 .65 feet, an arc distance of 17.44 feet, and a chord bearing N 15·10 1 50" E, with a chord distance of 17. 44 feet to the true POINT OF BECHNNIN01 1 . Thence continuing along the easterly right -of -way line of said railroad on t he arc of a curve to the right, •' said curve having a central angle o f 00'54 '28", a 1 radius of 5504 .65 feet, an arc distance of 87.21 feet, and a chord bearing N 15'43'44" E, with a chord distance of 87.21 feet;; 2. Thence continuing along the easterly right-of-way line of said railroad N 16'11'08" E, a distance of 349.21 feet; 4. Thence departing the easterly right-of-way line of said railroad S 73'48'52" E, a distance of 4 .35 feet; 5. Thence S 16'11'51" W, a distance of 65.3 2 feet; 6 . Thence along the arc o f a non-tangent curve to the left, sbid curve having a c entral angle of 27'41'19", a radius o f 326 .04 feet, an arc distance of 157 .56 feet, and a chord bearing S 00'41'31" E, with a chord distance of 156 .03 feet; 7. Thence S 14'25'07" E, a distance of 29.71 feet to a point on the easterly right -of -way line of South Windermere Street, Page 10 EXHIBIT "D" PARCEL NO. SWPE 148 PAGE 2 B. Thence departing the easterly right-of-way line of said South Windermere Street S 14'27'00" E, a distance of lB.47 feet to a point on the northerly line of a tract or parcel of land No. A26 as described in Book 6030 Page 559; 9. Thence along the northerly line of said tract or parcel of land No. A26 N B9'49'2B" W, a distance of 9.79 feet to the easterly right-of-way line of said South Windermere Street; 10. Thence along the easterly right -of -way line of said South Windermere Street also being the westerly line of said tract or parcel of land No. A26 S 16'11'00" W, a distance of 166.30 feet; 11. Thence departing the easterly right-of-way line of said South Windermere Street N 01'20'33" W, a distance of 46.24 feet; 12. Thence N B9'3B'l4" W, a distance of lB.95 feet to the true POINT OF BEGINNING. The above described parcel contains 17,140 square feet, 0.3935 acres, more or leas. Depicted on Exhibit A, attached. BASIS OF BEARINGS: Bearings are based upon tl1e South line of the Southwest 1/4 of the Northeast 1/4 of Section 4, Township 5 South, Range GB West of the Sixth Principal Meridian. Said line is monumented on the Center 1 /4 corner by a 1-1/2" capped monument, stamped LS 12003, in range box and on the CE 1/16 corner by a 1-1/2" capped monument, stamped LS 12003, in range box and bears N 09'57'37" E as based upon the Improvement Survey Plat prepared by Benchmark Surveying, LTD . Said basis was requested by client and any re c ord information containing bearing directions was rotated accordingly. I' I hereby certify that the previously described permanent easement' description has been prepared under my direct supervision and checking. As directed by tl1e Regional Transportation District, the Atchis o n, Topeka and Santa Fe Railway Right-of-Way line geometry, aliquot lines, aliquot corners and the Basis of Bearing used in this description were derived from the unrecorded Improvement Survey Plats, dated 02-15-95, constructed and certified by Benchmark Surveying Inc ., to the Denver and Rio Grande Western Railroad and to The Regional Transportation District and to the Atchison, Topeka and Santa Fe Railroad. oz -03-97 Date revised 02-03-97 Page t t Daniel P. Wilmeth, P.L.S. For and on behalf of J .F . Sato & Associates 5090 S . Rapp St . Littleton, CO . 00120 EXHIBIT "D" IJ J.F. SATO AND ASSOCIATES Con1ull lng En9 lne111 Project Mono91rs .It Planners 5111 So ... PP SI . • Utttelon, CO 80120 • (103) 117-1200 JOB . NO . Jf96069 OESC . SWPE 148 DATE : 12-.3 -96 BY RLS SCALE : I" a ~6=0-' _ CHECKEO _D~P~W __ SHEET _L__ or__,_ __ NOTES : - EXHIBIT A 0 60 120 ,...._ ___ _ SCALE IN FEET I 1" = 60' I L87 .21 ' AOCT54'28" " R5504.65' CON15'43'H"E l.C87 .21' 180 I 1/4 OF SE 1/4 SECTION 4 TSS, R68W SH'27'0CfE 18 .47' -A PORTION OF PARCEL NO. I 4- BK 6808 PG 430 N89' 49 '28" W 9 .79 ' N. R.O. W. LIN£ W. OXFORD A Vf. Pag~ 12 COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement with RTD conveying easement for Oxford Light Rail October 6, 1997 10 a i Station Initiated By Staff Source Department of Public Works Rick Kahm, Acting Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental cooperation on projects which benefit all parties. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an intergovernmental agreement with the Regional Transportation District (RTD) to convey an easement for transportation purposes for that part of the Southwest Corridor Light Rail Oxford Station facilities to be situated within the city limits of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In return for granting this easement, RTD will construct upgrades and other amenities to the Station, beyond what would ordinarily be constructed. The selection and design of these amenities will be a cooperative effort between the RTD, the City of Englewood, and the City of Sheridan. RTD will pay for any necessary surveying and title work, and will be responsible for all off-street maintenance of the facility. The City will provide the usual maintenance of public improvements adjacent to the site. The Oxford train platform is situated within the city limits of the City of Sheridan . RTD has negotiated an agreement with the City of Sheridan for this Station. The area between South Windermere and the Station platform is in Englewood. FINANCIAL IMPACT RTD will pay $10,000 towards the cost of PSC under-grounding adjacent to the site . The City will authorize the expenditure of approximately $55,000 from Englewood's under-grounding fund, set aside by Public Service Company for under-grounding of PSC facilities within Englewood LIST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental Agreement