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HomeMy WebLinkAbout1969-09-15 (Regular) Meeting Agenda Packet....... . -· • 0 .. ·--------~--~~~ Regular City council Meeting, September 15, 1 969 • - • ,. ------------------• I TRODUCED AS A BILL BY COUNCILMAN BY.,A}jTHORITY ORDINANCE NO. -:1!f-_, SERIES OF 1969 AN ORDINANCE ADDING TO THE MUNICIPAL CODE OF THE CITY OF ENGLEW OO D A NEW CHAPTER 6A TO ESTABLISH A RETIREMENT AND PENSION PROGRA M FOR ALL PER MANENT, FULL TIME EMPLOYEES OF THE CITY, EX- CEPT POLICE MEN , PAID FIRE MEN AND ELECTED OFFICIALS, PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE MENT BOARD FOR THE ADMINISTRATION OF THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the Municipal Code of the City of Englewood is hereby amended by the addition thereto of a new Chapter 6A to read as follows, to-wit: "Chapter 6A CITY OF ENGLEWOOD RETIREMENT PLAN §6A.1 Establishment of the Plan and Definitions §6A.1-1 Establishment of the Plan. The City of Englewood, State of Colorado, hereby estabTTShesia retire ment plan for its e mployees as described herein, and which, as it may be hereafter a mended from time to time, shall be known as the "CITY OF ENGLEWOOD RETIREME T PLAN" (hereinafter referred to as the "Plan"). §6A.1-2 Definitions. Whenever used in the Plan, the following ter ms shall have the respective meanings set forth below unless the context clearly indicates otherwise: (a) "Effective Date of the Plan" shall mean January 1, 19 70. (b) "City" shall mean the City of Englewood, State of Colorado. (c) "City Council" shall mean the City Council of the City of Englewood, State of Colorado. (d) "Employee" shall mean any person employed by the City on a permanent, full-time basis. An employee shall be considered to be employed on a permanent, full-time basis if his customary employment exceeds twenty hours a week and five months a year. For purposes of this Retirement Plan, policemen, paid firemen and elected officials shall not be considered to be employees. (e) "Member" shall mean any person included in the member- ship of the Plan as provided in §6A.2 hereof. (f) "Reti re ment Board" shall me an the board charged with the general administration of the Plan as set forth in §6A .10 hereof. I . • f - • • (g) "Compensation" shall mean the regular periodic compensation paid to the Employee, reflecting the normal regular salary or hourly wage rate, in- cluding longevity compensation, before any payroll deductions for income tax, Social Security, group insurance, or any other purpose, but excluding bonuses, extra pay, overtime pay, contributions by the City under this Plan, or for Social Security, group insurance, retainers' fee under contract, or the like. (h) "Continuous Service" shall mean service which is uninterrupted, or which is interrupted only by per- missible breaks in service as provided in §6A.!=5. 3-5 ( i) "Prior Service" sha 11 mean the period of service rendered by an Employee prior to the date he be- comes a Member of the Plan, for which credit is allowed. (j) "Current Service" shall mean the period of service rendered by an Employee as a Member for which credit is allowed. (k) "Credited Service" shall mean the sum of any Prior Service and any Current Service, as further defined in §6A.~ hereof. :3-3 (1) "Plan Year" shall mean the calendar year starting January 1 and ending on December 31. (m) "Retirement Benefit" shall mean any retirement bene- fit provided for in !6A.6 hereof. (n) "Accumulated Contributions" shall mean the sum of a Member's contributions to this Plan together with interest thereon at the rate of 3 ~% per annum com- pounded annually. (o) "Retired Member" shall mean a former Member whose e mp loyment has terminated by reason of retirement and who is receiving, or is entitled to receive, or whose beneficiary or estate is entitled to receive, bene- fits under this Plan. (p) "Vested Member" shall mean a former Member whose em- ployment has terminated and who is entitled to re- ceive the deferred Retirement Benefits as provided in §6A.9 hereof. (q) "Beneficiary" shall mean the person or persons who are so designated by the Member, in the latest written no- tice which the Member has filed with the Retirement Board, to receive any payment to which a beneficiary may become entitled under this Plan. (r) "Trustee" shall mean the trustee referred to in !6A.11. (s) "Insurance Company" shall mean the insurance company referred to in §6A.11. (t) "Fund" shall mean the Retirement Plan fund established for the purpose of providing the benefits under this Plan as specified in §6A.ll hereof. -2- I· • ·' \ ! f -• (u) "Actuarial Equivalent" shall mean a benefit of equivalent value when computed at the rate of interest and on the basis of mortality and other tables la s t adopted by the Retirement Board. (v) The masculine pronoun wherever used shall be in- terpreted to include the feminine, and singular words to include the p lural. §6A.2 Membership §6A.2-1 Employees Eligible on Effective Date . Every Em- ployee on January 1, 1970, shall be eligible forrnembership in the Plan on that date. Each Employee, on January 1, 1970, may elect to become a Member of the Plan on that date by properly filing with the Retirement Board, on or before that date, t he form of member- ship agreement furnished for that purpose. Any such Employee who does not file the for m of membership agreement on or before that date may thereafter file such membership agreement and become a Member on the first day of any subsequent month; but in such event, such Member shall not be given Credited Service for any Prior Ser- vice, as defined in §6A.3-1 herein, in determining said Member's Credited Service under the Plan. ~·v 1 Z:. . fLZz:c_ §6A.2-2 Employees Eli~ible l~/ -~~~-For each Employee who becomes such a ter Janu~970~ership in the Plan shall be a condition of employment, and such Employee shall be required to complete the form of membership agreement at the time of employment. Such Employee shall become a Member on the date of em- ployment. §6A.2-3 Termination of Membership. Membership in the Plan shall terminate upon termination of the Member's employment with the City. §6A.3 Service §6A.3-1 Prior Service. Prior Service shall include any period of continuous servTce rendered by _La Member as an E olovee of the . ..,. C.t · t b · A b ...._;..-Jac.>.-/7~""•-";o ~ <-..::J ·~~I<!._'-"'-l£llCL 1 y pr1or _ o ecom1ng .a em er. _., _.,/ ·_?:>, ~/Z/ .t'.C2.J£..Ji!-.<' ',.2 tv !Jn.·; 'tl t .../. />-<76_,(-:r.Ylf?~.:_t'l:."~'/' L ·<.,..dt'C6-£<-<l U-• ,_ '{/ t y<' rf ''c:<--2 ' ,_.../4 ·>•c;l!a l. ,_.?? ,?-r>C'f"'' ~Le/2. ~ !~L((!_.._ • A'o; .1a<""--1r".r(6JC3.:z Current Serv1c . current Service shall consist of all continuous service of an Employee rendered between the date on which he first became a Member under the Plan, and his normal retirement date, as hereafter defined, or the date of his termination of e mp loy- ment with the City, whichever first occurs. • §6A.3-3 Credited Service. Credited Service, which has been defined in §6A.l-2 (k) as the sum of an y Current Service and any Prior Service of a Member, shall be the only service on the basis of wh ich benefits under this Plan shall be determined. The Credited Ser vice of a Me mb er shall be det ermined by the Retirement Board in a non-di scrim inatory manner as provided herein. §6A.3-4 Limitations on Credited Service. No period of Credited Service shall be deemed toiDe 1ncreased or exten ded by overt ime. Cre dited Service shall not inc lude any perio d of ser- vice during which the Me mbe r is covered under any other retire me nt or pension p lan, other than the Vo lu nteer Firem e n's Pension Fund or OASDI , to which the City makes contributions. -3- I· • - • • Credited Service shall not include any period of time during which the Member is on an approved leave of absence or interruption of service as provided in §6A.3-5. I"l..Jl~i?N..n_g CN.d i tect-...S.ervi-ce, "S..ervi ~e ~r ft'l.q_c- -on a 1 'y-e-a r s sli<l+l-9-e......a.U o w'64. o ""-the basis ~ n e..::_ t w·eJ f t h -.o f".o n e ~ for ~ch~U~'-IIIQDt'l't-....oi/~v<i..c.e.... ~6A.3-5 Breaks in Service. If any break or breaks shall occur in the serv1ce or a Member, none of his service prior to the last such break, whether Prior Service or Current Service, shall be included i n his Credited Service. The Retirement Board shall have the power to determine when a break or breaks in service shall have occurred and such determination shall be made in a non-discrim- inatory manner. A leave of absence or interruption of service duly approved by the City Manager and Board of Career Service Commis- sioners shall not be considered a break in service. All such leaves of absence or interruptions of service shall be approved in a non-discriminatory manner and for a specific period. Any Employee or any Member who is on a leave of ab- sence on account of entering into the military service of the United States (including service in the United States Merchant Marine in time of war) shall, in the absence of reasonable justification for additional delay, return to the service of the City within ninety (90) days after the time when a discharge from such military service was first available to such employee. In the event that a Member or Employee does not return to the service of the City within the time specified above, such leave of absence shall be considered a break in service. The period during any leave of absence or interruption of service shall not, however, be included in Credited Service. §6A.4 Contributions ~6A.4-1 Member Contributions . An Employee who is or shall become a Member shall, dur1ng h1s period of Current Service in the Plan, contribute to the Plan by means of payroll deductions an amount equal to three per cent (3 %) of his monthly compensation plus one and one-half per cent (1~%) of that portion of such monthly Compensation which is in excess of Five Hundred Fifty Dollars ($550.00). The deduction for any longevity pay not paid on a monthly basis, shall, nevertheless, be computed, for the purpose of this section, as if the same had been paid monthly during the year in which earned. No Member shall be required or permitted to make con- tributions to this Plan during any period of employment beyond his Normal Retirement Date or for any other period of employment for which he is not receiving credit for Current Service. ~6A.4-2 ~Contributions. The City will, from time to time, at least annua~ make contr1butions to the Trust Fund to the ex- tent necessary to finance the benefits provided by the Plan on a sound actuarial basis. The City expects to continue such contribu- tions to the Plan, but assumes no responsibility to do so and re- serves the right to suspend or to reduce contributions at any time. -4-I· • ' ·. •· ' r I . , 'T - I • • • • Notwithstanding any other provisions hereof, or any amendment hereto to the contrary, at no time shall any assets of the Trust Fund revert to, or be recoverable by, the City or be used for, or diverted to, purposes other than for the exclusive benefits of Members, Retired Me mb ers, Vested Members or their Beneficiaries under the Plan, except such funds which upon ter min a- tion of the Plan are in excess of the a mount required to fully fund the Plan and are due to erroneous actuarial calculations. §6A.4-3 Application of Forfeitures. Any amount forfeited be- cause of the termination or-employment of a Member prior to his having acquired a fully vested right to Retirement Benefits, be- cause of the death of any Member, or for any other reason, shall not be applied to increase the benefits which would otherwise be payable to any other Member. The a mounts so forfeited shall be applied as soon as possible to reduce the contributions required to be made by the City. §6A.5 Retirement Dates §6A.5-1 Retirement Un der the Plan. The prov1s1ons hereinbelow contained relate solely to retirement!Under the Retirement Plan here- in established and nothin g herein contained shall be construed to repeal, amend or modify the provisions for mandatory retirement from employment with the City as contained within any other ordinance of the C i ty . ~6A.5-2 Normal Retirement Date. The Normal Retirement Date of a Member shall be the first day of the calendar month coincident with or next succeeding his 65th birthday. §6A .5-3 ~Retirement Date. A t~ember who has attained the age of fifty-five (55) years ana-nas completed 20 years of Credited Service may elect to retire as of the first day of any calendar month. §6A.5-4 Delayed Retirement Date. Every Member upon reachin g his Normal Retirement Date must ret1re under the Plan unless the City requests that he delay retirement until a Del ayed Retirement Date. If such a Delayed Retirement Date is requested by the City and the Member elects to do so, he may rema in a Member of the Plan until such Delayed Retirement Date upon such terms as may bear- ranged, but not beyond the first day of the calendar month coincident with or next succeeding his 70th birthday. His "Delayed Retirement Date" shall be the first day of the month, coincident with or next following the date of his actual retirement. As a condition prece- dent to continuance in employment beyond the Normal Retirement Date, the Member shall file with the Retirement Board the written designa- tion of a Beneficiary, whether or not the Member elects one of the optional benefits in accordance with §6A.7-2. §6A.5-5 Disability Retirement Date. Upon written application to the Retire ment Board, a Member wi~t least 10 years of Credited Service and who has become permanently incapacitated for the per- formance of duty from any cause shall b e granted a Disability Retire- ment. The Disability Retirement Date shall be the first day of a month coincident with or next following the dA i~~2pn which the disability is determined by the Retirement G~~ to have occurred . The Retirement Board shall have the sole authority to make the factual determination of eligibility of a Membe r for a Disability Retirement, but such deter minatio n shall be made in a non-discriminatory manner and with competent me dical advice . -5- . ' I 1 "r I· • - • .--------~--------------~~------------~~ ~6A.5-6 Retirement Date. A Member's "Retirement Date" shall be his Normal Retirement Date, his Early Retirement Date, his Delayed Retirement Date, or his Disability Retirement Date, whichever is applicable. §6A.6 Retirement Benefits ~6A.6-1 Normal Retirement Benefit. Upon retirement at Normal Retirement Date, each Retired Member shall receive a monthly Retirement Benefit for ten years certain, and life thereafter, equal to one-twelfth the sum of the following: (a) For Prior Service: The number of years of Prior Servrce-credited to him, multiplied by the sum of of (1) one-half of one per cent (~%)of his average annual Compensation received during the three years of service next prior to January 1, 1970, and (2) one-fourth of one per cent(~%) of that portion of such annual Compensation in ex- cess of $6,600.00. {b) For Current Service: (1) one per cent (1 %) of his Compensat1on during each year of Current Service credited to him, plus (2) one-half of one per cent (~%) of that portion of such Compensation in excess of $6,600.00. For any fractional year of Current Service the benefit amount computed hereunder shall equal the sum of: (i) one per cent (1%) of his Compensation for such fractional year, and (ii) one-half of one per cent (~%) of that portion of such Compensation for such fractional year as shall exceed the product of $550.00 and the number of,·months ofv such fractiona.l year. c~~.z<d {;. "'L.~c.£., ...::lbl-< u~ ~ §6A.6-2 ~Retirement Benefit. A Member retiring prior to his Normal Ret1rement Date shall be entitled to a reduced Retirement Benefit which shall be the Actuarial Equivalent of his Normal Retire- ment Benefit which is based on his Credited Service prior to the date of actual retirement and which would have been payable to him at his Normal Retirement Date. §6A.6-3 Delated Retirement Benefit. A Member retiring subse- quent to his Norma Retirement Date shall receive the same monthly retirement benefit as that to which he was entitled at his Normal Retirement Date. ~6A.6-~4 Disabilitt Retirement Benefit. A Member who has become disabled as stated in § A.S=i but who has less than 10 years of Credited Service on the date on which the disabling event occurs, shall receive a refund of his Accumulated Contributions. A Member who becomes disabled as stated in ~6A.5-- and has at least 10 years of Credited Service shall be enti*b ,? of his date of disability as determined by the Retirement C~t~. to the Actuarial Equivalent M... tlu! 'J'e..S«d J)'Q.r.ti().fl• of his Normal Retirement Benefit which is based on his Credited Service prior to the date of his disability and which would have been payable to hi m at his Normal Retirement Date. -6-I . • • .--------~--------~------~------------------~ (c) (d) Social Security Ad1ustment Option. A benefit payable to the Ret red Member during his lifetime but with such payments adjusted so that, together with the monthly payment of the primary insurance amount expected to become payable to him under Title II of the Federal Social Act as in force on the date of such request, they will form, as nearly as is practicable, a uniform series of payments. The Retired Member's Retirement Benefit under this option will be adjusted by increasing the amount of each monthly payment becoming payable to him before he is expected to receive such Social Security bene- fits and by decreasing the amount of his monthly payment beco ming payable to him thereafter. Lifetime Benefit O ~tion . A benefit which provides 1ncreased monthlyetire ment Benefit payments only during the Retired Me mb er's life . §6A.7-3 Minimum Monthly Pay ments. If the monthly benefit to which any Member or Benef1c1ary shall become entitled under the Plan shall be less than $25.00, the Retire ment Board shall have the right to direct that the Actuarial Equivalent of such benefit shall be paid in a lump sum or in installments at such intervals as will re- sult in each payment amounting to at least $25.00. §6A.7-4 Beneficiary. The Member may designate as his Bene- ficiary, in writing, his spouse or any of his children, either natural or adopted, parents, brothers or sisters. If the designated Bene- ficiary dies prior to the due date of the first payment of Retirement Benefits under the Plan and no new Beneficiary has been designated, Retirement Benefits shall be paid as though no optional benefit had been elected. §6A.8 Death Benefits §6A.8-l Death of a Member Before Normal Retirement Date. In the event that~moer-of the Plan dies pr1or to h1s Normar-Retire- ment Date, there shall be paid to the Beneficiary designated by him, if said Beneficiary be living, otherwise to his estate, the amount of his Accumulated Contributions as of the date of his death. §6A.8-2 Death ~~M ember Between Normal and Delayed Retirement. Dates. In the event that a Member continues in the City's employment after his Normal Retirement Date, and dies before actually retiring, then, for purposes of this Plan, he shall be deemed to have retired on the first day of the calendar month in which he dies. If an election of an optional benefit provided for in §6A.7-2 is then in effect, the payments, if any, provided by such op- tional benefit shall be made to the Beneficiary designated by the Member. If no election of an optional benefit provided for in §6A.7-2 is then in effect, such Member shall be deemed to have elected the benefit provided for in Section t6A.7-l and the 120 monthly payments shall be made to the Beneficiary designated by the Me mber as required in §6A.5-a.<J In the event t hat no designated Beneficiary is livin g at the death of a Member while cont i nuing in the City 's e mploy ment after his Nor mal Retire ment Date, such Me mber shall be dee med to have elected the ben~J J~~rovtd~d for in ~6 A.7-l, and the 120 mont h ly pa y - ments shall be ~'!:t he interest rate last adopted by t h e Re - tirement C~tee and paid in one sum to the estate of the Me mber . .&,a /t'?L -8- .. I • • .. ' \ ! I '! • • ~6A.8-3 Death of a Retired Member. In the event that a Retired Member-wno-has oeen receiving Retirement Benefit payments under §6A.7-1 or §6A.7-2, option (b), dies before he has received payment of monthly installments for the term certain, his Bene- ficiary, if living, shall receive monthly installments of the same amount for the balance of such term certain. In the event that no Beneficiary is living at the death of such Retired Member, the mo~thl in~t~)lments for the balance of the term certain will ~-t ~~the interest rate last adopted by the Retirement ~' and paid in one sum to the estate of the Retired Member. If at the death of the last surviving Beneficiary following the death of the Retired Member, month ly installments have not yet been paid for the term certain, the installments for the balance of the term certain will b~~~- ~~uted at the interest rate last adopted by the Retirement C~ and paid in one sum to the estate of the last surviving Beneficiary. In the event that a Retired Member who has been re- ceiving benefit payments under the provisions of §6A .7-2, option (a), dies, the Beneficiary, if living, shall receive payment of the Retirement Benefit determined by such optional form commencing on the first day of the month followin g the death of the Retired Member and continuing during the remaining lifetime of the Beneficiary ter- minating with the last payment due prio r to the date of the death of the Beneficiary. If, at the death of the Retired Membe r, the Ben e- ficiary is no longer living, no further benefit payments will be made. §6A.8-4 Death of a Retired Me mb er Before Contributions Recovered. In the event tnatiat-rhe term1nation of Retirement Benefit payments following the death of a Retired Member, the total of such payments made to the Retired Me mbe r and his Beneficiary is less than the amount of the Accumulated Contributions of the Retired Member at his Retire- ment Date, the difference shall be paid in one sum to the Beneficiary, if living, or to the estate of the last survivor of the Retired Member or his Beneficiary. ~6A.8-5 Death of a Vested Member Before Normal Retirement Date. In the event tnar-a vested Member d1es pr1or to his Normal Retirement Date, there shall be paid to the Beneficiary designated by him, if living, otherwise to his estate, the a mount of his Accumulated Con- tributions at the time of his death. ~6A.8-6 Uniform Simultaneous Death Act. The provisions of any law of this State provid1ng for the d1str1bution of estates under the Uniform Simultaneous Death Act, when applicable, shall govern the distribution of money payable under this Plan. §6A.9 Severance Benefits ~6A.9-1 Covera¥e. Benefits shall be paid under this Section for severance of emp oyment of a Member onl y for reasons other than retirement or death. §6A.9-2 Less than Ten Years Credited Service. In the event that a Member shall resign or be discharged from the service of the City prior to his Normal Retirement Date, and has less than ten (10) years of Credited Service, the only benefits to which he shall be entitled under this Plan shall be the refund of his Accumulated Con- tributions. ~6A.9-3 Ten or More Years Credited Service. In the event that a Member shalllresTgn-or-beiffScharged from the service of the City prior to his Norma l Retirement Date, and has ten (10) or more years -9- . ' I . • f • • of Credited Service, he may elect either (a) to leave his Accumulated Contrib utions on deposit in the Fund and bec ome a Vested Member, or (b) to receive, in lieu of all other benefits, a refund of his Accumulated Contributions. If such a Member fails to elect either (a) or (b) within ninety days after his date of termination from the Plan, then he shall be deemed to have elected to leave his Accumulated Contributions on deposit and to become a Vested Member. A Vested Member shall be entitled to a deferred Retirement Benefit which shall be the vested portion (as shown in the table below) of the Reti rement Benefit earned to the date of the termination of his membership. Such deferred Retirement Benefit shall be payable at the Vested Me mber's Normal Retirement Date, provided, however, that the amount 2~ Retirement Benefit shall be no less than the benefit which~ Accumulated Contribu- tions at his Normal Retirement Date would provide. Completed Years of Credited Service 10 11 12 13 14 15 16 17 18 19 20 and over Per cent of Earned Benefit Vested 50 % 55 60 65 70 75 80 85 90 95 100 A Vested Member may elect, at any time prior to his Normal Retirement Date, to receive, in lieu of all other benefits, a refund of his Accumulated Contributions as of the date of refund. §6A.10 Administration of the Plan §6A.10-1 Retirement Board. There is hereby created a board to be known as the "Retireiiieii't"-Board of the City of Englewood", which shall be composed of seven members. Two such members shall be employees of the City who are members of the Plan, who shall be selected by a vote of all of such members in accordance with such procedures as the City Manager may, from time to time, adopt there- for. Two such members shall be elected members of City Council, who shall be selected by a majority of the members of City Council. Three me mbers shall be taxpaying electors of the City of Englewood, who shall be selected by a majority of the members of City Council. In addition, the City Manager, or his desi9nee, shall serve in an advisory capacity, as an ex-officio, non-vot1ng member. §6A.10-2 Terms of Office. The terms of office of each voting member of the Ret1rement Board shall be for four years, providing he continues to possess the qualifications therefor set forth in §6A.10-1 during his term, provided, however, that the terms of office for those members originally elected shall commence on December 1, 1969, and shall be as follows: (a) One employee member shall serve until February 1, 1972, and one shall serve until February 1, 1974; -10- I • • ~· • • • (b) Both councilmen members shall serve until February 1, 1974; and (c) One elector member shall serve until February 1, 1974 and two elector members shall serve until February 1, 1972. In the event of any vacancy occurring in the membership of the Retirement Board, the same shall be filled, for the duration of the unexpired term only, in the same manner as is provided in §6A .10-1. §6A.10-3 Exercise of Powers. The powers and perogatives of the Retirement Board may be exercised upon majority vote of a quorum thereof, which quorum shall consist of five (5) voting mem- bers thereof. All such votes shall be recorded in the minutes of the Retirement Board and all decisions and determinations thereof, not inconsistent with the provisions of this ordinance, shall be binding and conclusive upon all interested parties. ~6A.10-4 Powers of Retirement Board. In addition to the powers and oblig~tlons-rmposed upon thelfetirement Board, as trus- tee, by §6A.11 hereof, the Retirement Board shall have all powers necessary to supervise the administration of the Plan, and to con- trol its operations in accordance with its terms, including, but not by way of limitation, the following: (a) To interpret the provisions of the Plan and to determine any questions arising under the Plan, or in connection with the administra- tion or operation thereof. (b) To determine all matters affecting the eligibility of any Employee to be or become a Member of the Plan. (c) To determine the amount of the Member's con- tributions to be withheld by the City in ac- cordance with the Plan and to maintain such records of Accumulated Contributions as are necessary under said Plan. (d) To determine the Credited Service of any Mem- ber and to compute the amount of Retirement Benefit, or other sum, payable under the Plan to any person. (e) To authorize and direct all disbursements of Retirement Benefits and other sums under the Plan. (f) To employ such counsel and agents and to ob- tain such clerical, medical, legal and ac- tuarial services as it may deem necessary or appropriate in carrying out the provisions of the Plan. (g) With the advice of its actuary, to adopt, from ti me to time, for purposes of the Plan, such mortality and other tables as it may deem nec- essary or appropriate for the operation of the Plan. -11- I . • ·' \ I I 'r --------~------------~----------~---.------~------------------~--------------~~------- • (h) To make valuations and appraisals of the assets held in the Fund under the Plan, and with the advice of an actuary, to de- termine the liabilities of the Plan. (i) To create reserves from such assets for any purpose. §6A.l0-5 Oath of Office. Prior to entering upon the per- formance of the~ies of a Member of the Retirement Board, each member thereof shall take and subscribe an oath that he accepts the obligations imposed upon him by the provisions of this ordi- nance and that he shall faithfully perform the duties of such office. ~6A.ll Retirement Plan Trust Fund ~6A.ll-1 Appointment ~Trustee. The Retirement Board of the City of Englewood, and its members, is hereby appointed and constituted Trustee of the Retirement Plan Funds and shall hold, manage, and control the same in accordance with the provisions hereinbelow contained. §6A.ll-2 The Trust Fund. All City and employee contributions and all investments---ulereor;-together with all accumulations, ac- cruals, earnings, and income with respect thereto, shall be held by the Trustee in trust hereunder as the Trust Fund for the exclusive benefit of Members, Retired Members, Vested Members and their Bene- ficiaries. The Trustee shall not be responsible, however, for the collection of any City or employee contributions. §6A.ll-3 Pur8oses and Powers of Trustee. It is the purpose and intent of the1ty in-tonst1tutfng and appointing the Retire- ment Board as trustee of the Trust Fund herein established to give and grant unto said Retirement Board full and plenary powers to establish such investment or purchasing programs as said Retirement Board may deem necessary or appropriate to provide assurance that there shall be an adequate source for the payment of all benefits herein provided for. To this end, said Retirement Board may deter- mine to: (a) Use the Trust Fund for the purchase of one or more ~~ annuity, or other, insurance policies from one or more insurance companies authorized to do business within the State of Colorado, whereby said insurance company agrees to pay all, or a portion, of the bene- fits herein provided for; or (b) Contract with a commercial bank, chartered under either the statutes of the State of Colorado or the United States of America, and doing business within this state, with a trust company organized pursuant to the statutes of the State of Colorado and doing business within this state, or with a member of the New York Stock Exchange or the American Stock Exchange, doing business within this state, to have such parties, or one or more of them, invest the funds for and on behalf of the Retirement Board; or (c) Directly invest the funds and assets held by the Re- tirement Board in the Trust Fund; or (d) Establish a "combined" program, partly funded by in- surance and partly funded by investments. -12- . ' I· • I I ' • • ~6A.ll-4 Investments. Should it determine to invest the Trust Fund, either wholly or partly, and either directly or by contract with a bank, trust company or stock exchange member, the trustee in its sole discretion, may invest and reinvest the Trust Fund, without distinction between principal and income, in such common stocks, preferred stocks, bonds, notes, debentures, mort- gages, certificates, and other securities, investments, real or personal property of any kind, including purchase and lease-bac k transactions, interests in oil and other depletable natural re- sources, investment in mutual funds (open-end or otherwise) as it may determine, without regard to whether such investments may pro- duce current income or whether such investment is an authorized or appropriate investment for trustees under the laws applicable thereto, provided, however, that, should the trustee determine to make investments directly, without an investment management con- tract with a bank, trust company, or stock exchange member, then, and in that event only, the following li mitations shall apply: (a) The aggregate of monies invested in corporate stock of all kinds, together with the monies invested in corporate bonds convertible to corporate stock, shall not exceed thirty per cent (30 %) of the book value of the assets of the Trust Fund being directly invested; and (b) No investment in the stock, or convertible bonds, of any single corporation, shall exceed five per cent (5 %) of the book value of the assets of the Trust Fund being directly invested, and (c) At no time shall the Trustee hold more than seven per cent (7 %) of the outstanding stocks or bonds of any corporation. §6A.ll-5 Trustee's Powers. Subject to the provisions of§§ 6A.ll-3 and 6A .ll-4 1n 1ts 1nvestment and administration of the Trust Fund, the Trustee is authorized and empowered with respect to any securities or other property held in the Trust Fund: (a) To sell, exchange, convey, transfer, lease for any period, pledge, mortgage, grant options, contract with respect to or otherwise encumber or dispose thereof at public or private sale for cash or upon credit or partly for both, and no person dealing with the Trustee shall be bound to see to the application of the pur- chase money or to inquire into the validity, expediency or propriety of any such sale or other disposition; (b) To sue, defend, compromise, arbitrate, co mp ound and/or settle any debt, obligation or claim due to or from it as Trustee ar any other suit or legal proceeding involving the Trust, and to reduce the rate of interest on, to extend or otherwise modify, or to foreclose upon default or otherwise enforce any such debt, obli- gation or cla im ; (c) To give general or specific proxies or powers of at- torney with or without power of substitution; (d) To vote in person or by proxy on any stocks, bonds, or other securities for the conversion thereof into other stocks, bonds, or securities, or to deposit them in any voting trust or with any protective or like committee, or with a trustee or depositaries designated thereby, -13- I • • . , •I \ ! I ~ • • or to exercise an y rig hts to su bscri be for addi- tional stoc ks , bo nds , or other securities and to make any and a ll ne ce ss ary pay ments therefore, and to join and participat e i n, or to dissen t fro m and oppose, a ny reorganizat i o n, recapitalization, con- solidat io n , liq uidation , sa le or mer ger of corpora- tions or properties in which i t may be interested a s Tru stee, upon suc h ter ms an d co ndit i o n s a s it may dee m wise; (e) To register a ny s ecur i ties or oth er p ro perty in its own name or in the na me of its nominee, with or wit h- ou t th e addition o f words indic atin g that such securi- t i e s a re held i n a f i duciary cap a city , or to hold an y s ecur ities in bearer for m, but th e boo ks and records of the Trustee s hall at all times s ho w that all such invest ments are part of the Trust Fund; (f) To reta i n, manage, operate, repair , imp rove , partition, dedicate or oth erwise dea l with a ny real estate held by it ; (g ) To retain uninve s ted s uch cash as it may dee m necessa ry , without obligation to pa y interest thereon ; (h) In general, to e xercise all powers in the management of the Trust Fund which any individual could exercise in the management of property owned in his own right. ~6A.11-6 Distributions. The Trustees shall pay or distribute all Plan Benefits from the Trust Fund in such form, in such amounts, at such times and to such payees as may be authorized under the Plan. No ri ght or claim in or to the Trust Fund or any part thereof or in- terest therein is assignable or subject to garnishment, attachment, execution or levy of any kind, and any attempt to transfer, assign, or pledge same shall not be recognized by the Trustee . ~6A.11-7 Expenses. The Trustee may e mploy suitable agents and counsel. The expenses incurred by the Trustee in the perfor mance of it s duties hereunder and all proper c har ge s and disburse ments of the Trustee, including all ta xes la wfull y a ss essed upon or in respect of the Trust Fund or its inco me , sh all be c harged and paid by the Trustee fro m the Fund. ~6A.11-8 Compensation. No member of the Retirement Board, as Trustee, shall receive compensation for his services as such but shall be entitled to be rei mbursed for any expenses incurred by him on behalf of the Trust Fund to the extent that such expenses are not paid by the City of Englewood. §6A.11-g Records. The Trustee shall see that accurate and de- tailed accounts of all investments, receipts and disbursements and other transactions hereunder are kept. All accounts, books and rec- ords relating thereto shall be open to inspection by any person desi g nated by the City of En g l ew ood at all reason ab le t i mes . The Trus t ee s ha ll ma i n t ain suc h r e cord s , make suc h co mpu t a t ion s and per- f or m s uc h mi n isteri al ac ts as the Cit y of Eng l ewoo d f r om t i me t o ti me req uest. §6A.11-1D Reports. On or befo r e the 1st day of Augu st and the 1st day of February of each year, the Trustee shall file a report with the City of Englewood in such form as the City of Englewood may request. This report shall show all purchases, sales, receipts, dis- burse ments and other transactions effecte d by the Tr ustee d u ring the -14- • I • • --------~--------------------------.------------------~---~~--------------~-------- • six-month period for which the report is filed. It shall con- tain an exact description, the cost as shown on the Trustee's books and the market value as of the end of such period of every item then held in the Trust Fund. The Trustee shall be forever relieved from all liability to the City of Englewood, the Fund, and any Participant or Beneficiary with respect to the propriety of any of its acts or transactions shown in such report unless within ninety (90} days after the receipt of such report the City of Englewood gives the Trustee written notice of its objection or objections to any matter set forth therein. ~6A.ll-ll. Trustee's Liability. The Trustee shall not be liable, either as a body or ind1v1dually, for the making, reten- tion, or sale of any investment or reinvestment made by it or originally received by it as herein provided nor for any expense or lia b ility hereunder, nor for any loss to or diminution of the Trust Fund unless due to or arising from its own gross negligence, misconduct, dishonesty or lack of good faith. The Trustee may con- sult with counsel and shall be fully protected in acting upon the advic e of counsel. Unless otherwise advised, the Trustee may assu me that the Plan at all times qualifies under Section 401(a} and that the Trust hereby established is at all times tax-exempt under Sec- tion 50l(a) of the Internal Revenue Code, as amended, or successor provisions. The Trustee shall have no responsibility for the accuracy of any information furnished it by the City of Englewood. §6A.ll-12 Removal of Trustee. Nothing herein shall be con- strued to prohibit City rounc1l of the City of Englewood from re- moving the Retirement Board of the City of Englewood as Trustee of the Retirement Fund by appropriate amendment to this ordinance. Upon removal of the Trustee, the City Council shall appoint a successor trustee or insurance company. Upon delivery by the removed Trustee to its successor trustee or insurance company of all property of the Fund, less such reasonable amount as it shall deem necessary to provide for its expenses, and any taxes or ad- vances chargeable or payable out of the Fund, the successor trustee or insurance company shall thereupon have the powers and duties as are conferred upon it by a trust agree ment or group annuity contract. No successor trustee or insurance co mpany shall have any obligation or liability with respect to the acts or omission of its predecessors. §6A.ll-13 Amendment or Termination. In the event of the termi- nation of the Plan as prov10ed in the Ordinance, the Trustee shall dispose of the Fund in accordance with the terms of the Plan. At no time shall any part of the corpus or income of the Fund be used for or diverted to purposes other than for the exclusive benefit of Mem- bers, Retired Members, Vested Members, or beneficiaries under the Plan. §6A.ll-14 Expressed and Implied Powers. Nothing contained in the Plan, either expressly or by implicat1on, shall be deemed to i m- pose any powers, duties or responsibilities on the Trustee other than those set forth in this ordinance. §6A.ll-15 Judgments Bindina. Necessary parties to any account- in g , liti gation, or other procee ings shall include only the Trustee and the Ci ty Council, and the settle ment or judgment in any such c a se in wh ic h the City is duly served or cited shall be binding upon all Me mber s , Retired Members, Vested Me mbers, or Beneficiaries under the Pl a n, a nd upon all persons cla im ing by , through or under the m. -15- . , I ! ~ I • • • • §6A.12 Retirement Benefits and Rights Inalienable §6A.12-1 Inalienability. Members, Retired Members, Vested Members and the1r Benef1ciaries under the Plan are hereby re- strained from selling, transferring, anticipating, assigning, hypothecating, or otherwise disposing of their Retirement Bene- fits, prospective Retirement Benefits, or any other rights or interests under the Plan, and any attempt to anticipate, assign, pledge, or otherwise dispose of the same shall be void. Said Re- tirement Benefits, prospective Retirement Benefits, and rights and interests of said Members, Retired Members, Vested Me mbers or Beneficiaries shall not at any time be subject to the claims of creditors or liabilities or torts of said Members, Retired Mem- bers, Vested Members or Beneficiaries, nor be liable to attach- ment, execution, or other legal process. §6A.12-2 Bankruptcy. If any Member, Retired Me mber, Vested Member or Beneficiaries shall become bankrupt or atte mpt to anti- cipate, assign or pledge any benefits under the Plan, then such benefits shall, in the discretion of the Retirement Board cease, and in that event the Retirement Board shall have authority to cause the same, or any part thereof, to be held or applied to or for the benefit of such Member, his spouse, his children, or other dependents, or any of them, in such manner and in such proportions as the Retirement ~e may deem proper . §6A.13 Modification or Termination of Plan §6A.13-1 Continuation o f Plan. It is the expectation of the City that it will continue tnTs-rran and the payment of its con- tributions hereunder indefinitely, but continuance of the Plan is not assumed as a contractual obligation of the City. §6A.13-2 Power to Amend or Terminate Plan. The City re- serves the righ~alte~end, or terminate the Plan or any part thereof in such manner as it may determine, and such alteration, amendment or termination shall take effect upon notice thereof the City to the Trustee; provided that no such alteration or amend- ment shall provide that the Retirement Benefit payable to any Re- tired Member shall be less than that provided by his Accumulated Contributions or affect the right of any Member to receive a refund of his Accumulated Contributions and pr o vided further that no alter- ation or termination of the Plan or any part thereof shall permit any part of the Fund to revert to or to be recoverable by the City or be used for or diverted to purposes other than the exclusive bene- fits of Members, Retired Me mbers, Vested Members or Beneficiaries under the Plan, except such funds, if any, as may remain at termina- tion of the Fund after satisfaction of all liabilities with respect to Members, Retired Members, Vested Members and Beneficiaries under the Plan and are due solely to erroneous actuarial calculations. §6A.13-3 Approval Under the Internal Revenue Code. The Plan is intended to comply wiro-tne-requirements of the appficable provi- sions of Section 401(a) of the Internal Revenue Code as now in effe~t or hereafter amended, and any modification or amendment of the Plan may be made retroactive, as necessary or appropriate, to establish and maintain such compliance. Notwithstandin g any other provis i on hereof, if the Internal Revenue Service fails to grant initial qualification of this Plan under the provisions of Section 401(a) of the Internal Revenue Code, the Trustee shall return all contri b ut i ons, toget her with the pro rata share of income, les s expenses, to the Me mbers who have contributed the same, and to t h e City. Thereupon, this Plan shall terminate. -16- I • • ' • • §6A.13-4 Discontinuance of~ Contributions. The City reserves the ri ght at any t1 m e-an~r any reason satisfactory to it to discontinue permanently all contributions by the City under this Plan . Such discontinuance shall be dee med to be a co mplete ter mi nation of the Plan. 96 A.l3-5 Allocation of Fund Assets~ Ter mination. In the event of the complete term1nat1on of me-Plan, all assets of the Trust Fun d shall be converted to cash and allocated to Mem- bers, Retire d Membe rs, Vested Me mbe r s and Beneficiaries on the fo llo wing basis: (a) An a mount equal to the Accu mulated Contributions or balance thereof, which would be payable to the Me mbers, Retired Members, Vested Members or Bene- ficiary should death occur on the date of the termination of the Plan. (b) An amount of the re maining assets equal to a pro rata portion determined on the basis of the ratio that the actuarial reserve for his accrued bene- fits minus the amount in (a) above credited to him bears to the total of such actuarial reserves minus the total in (a). §6A.13~6 Distribution of Fund Assets ~Termination. When the assets of the Trust Fundlhave been allocated as indicated above, the distribution may be made in the form of cash or non-transferable annuity contracts as determined by the Retire ment Board, provided that any funds re maining after the satisfaction of all liabilities to Members, Retired Members, Vested Members and Beneficiaries under the Plan and due solely to erroneous actuarial calculations may be withdrawn by the Retirement Board from the Trust Fund for the account of the City. §6A.14 Miscellaneous Provisions 16A.l4-1 Advisement of Terms and Conditions of Plan . Each Membe r shall be advised of-rhe generaf prOVlSlons Of me-Plan and upon written request addressed to the Retirement Board shall be fur- nished with any information requested regarding his status, rights and privileges under the Plan. 16A.14-2 Li m itation~ Liability.· No Member shall have any right to Retirement Benefits under the Plan, except such rights, if any, as may accrue to him upon his retirement fro m the service of the City under the provisions of the Plan while it is in effect. All s uch benefits are payable solely out of the Trust Fund and in no event shall the City, the Trustee, or the Retire ment Board members be liable therefor. §6A.14-3 Effect of Plan. Neither the establi shme nt of the Plan, the grant1ng of a-Ret1rement Benefit nor any action of the City or the Retirement Boar d shall be held or construed to confer upon any person any ri ght to be continued as an Employee, nor, upon dis mis s al, to any ri ght or interest in the Trust Fund other than as herein provided. §6A.14-4 Disclaimer of Liability. Neither the establishment of this Plan, nor any a men ament or modification thereof, nor failure of the City to provide sufficient contributions to the same shall be construed as giving to any Me mb er, or other person , any legal or equitable right against the City, or any officer or director thereof, or against the Re tire ment Board, or any member thereof. -17- I . • ' • !6A.15 Benefit Limitations on Early Termination §6A.15-1 Temporary Limitations on Benefits. A. Notwithstanding any other provision of this Plan (except §§6A .15-1 C and 6A.15-1 D, if (i) this Plan is terminated within ten years after the Effective Date of the Plan, or (ii) the benefits of any of the Members de- scribed in §6A.15-1 F become payable within ten years after the Effective Date of the Plan, or (iii) the benefits of any of the Members de- scribed in 16A.15-1 F become payable after this Plan has been in effect for ten years and at the time such benefits become payable the full current costs of the Plan for the first ten years have not been met, no benefits provided by the City's contri- bution shall be paid to any Member described in §6A.15-1 F in excess of the benefits which can be provided by an amount equal to the larger of the following amounts: (i) $20,000.00; or (i i) an amount equal to 20 per cent of the first $50,000.00 of the Member's average annual compensation during the preceding five years multiplied by the number of years between the Effective Date of the Plan and (1) the date that the Plan terminates or (2) if benefits become payable to a Member described in §6A.15-1 F within ten years after the Effective Date of the Plan, the date the benefits of such Member first become payable (if before the date of termination of this Plan) or (3) if benefits become payable to a Member described in §6A.15-1 F after the Plan has been in effect for ten years and if the full current costs of the Plan for the first ten years have not been met or if the full current costs have not been met on the dates referred to in (1) or (2) above, the date of the failure to meet the full current costs. This limitation shall cease to be effective at such time, at or after the expiration of ten years from the Effective Date of this Plan, as the e full current costs of the Plan have first been met. • -18- • I ( .,. I • • • • B. If a Member described in §6A.15-1 F leaves the employ of the City or withdraws from member- ship in this Plan, the benefits which he may re- ceive shall not at any time, within the first ten years after the Effective Date of this Plan, ex- ceed the benefits set forth in §6A.15-1 A. If, at the end of ten years after the Effective Date of this P lan the full current costs of the first ten years have not been met, the benefits such Member may receive shall not exceed the benefits set forth in §6A.15-1 A until the first time that the full current costs of this Plan have been met. C. The limitations contained in §6A.15-1 A shall not restrict the full payment of any benefits to a Beneficiary on behalf of a Member who dies after retirement and while this Plan is in full effect and its full current costs have been met. D. The limitations contained in §6A.15-1 A shall not restrict the current payment of full Retirement Benefits called for by this Plan for any Retired Membe r while this Plan is in full effect and its full current costs have been met. E . In the event of termination of the Plan while the limitations contained in §6A.15-1 A are in effect, that portion of the assets of the Fund, with re- spect to those Members described in §6A.15-1 F, which is in excess of the amounts specified in §6A.15-1 A will be apportioned to the other Mem- bers, including Retir ed Members, in accordance with the provisions contained in §6A.13-5 hereof. F. The Members referred to in §6A.15-1 A and §6A.15-1 B shall be onl y those of the 25 highest paid Em- ployees deter mi ned as of Jan uary 1, 1970, whether or not initially eligible for Membership, whose month ly Retirement Benefit upon Normal Retirement Date would exceed $125.00." Introduced, read in full and passed on first reading on the . x:.-<lf day of \ ~.&;:?c/1 ' , 19 6 9 . Published as a Bill for an Ordinance on the <:(A day of ~~eL~~~-· 1969. Series of 1969, I, Stephen A. Lyon, do hereby certify that the above and fore- going is a true, accurate and complete copy of an Ordinance passed on final reading and published by title as Ordinance No. Serie• of 1969. ~·~<" ~ Attest: ~~~ -19-A er - r asur~ ·' \ 1 '!' I . • , • • RESOLUTION NO . 31 CI TY c~t,{r.r Lc ~A C -.. c;cu £N'f' S[p 15 ·~g CO U 'CJL t . , SERIES 6f:'T1.~£NG L £'·' -~ ''LC •Ooo. C O LO. RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSI ON TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT WHEREAS, Article XX of the Constitution of the State of Colorado and Section 8 of the Charter of the City of Englewood, Colorado, authorize the City Council of the City of Englewood, on its own initiative, to submit to a vote of the electors any proposed amendment to said Charter, either by ordinance or reso- lution duly adopted not less than thirty (30) days prior to the election at which such vote shall be taken; and WHEREAS, the present provisions of Section 104, Part III, Article X, of the Charter of the City of Englewood, which pur- port to require that the maturity dates and terms of general obligation bonds be contained within the proposition to be sub- mitted to a vote of the taxpaying electors, adopts a procedure which is unwieldy and impracticable and consideration should be given to a removal of said requirement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: 1 . That this Council should, and does hereby, refer to a vote of the qualified electors of the City of Englewood, Colo - rado, at that general municipal election to be held on Tuesday, No vember 4, 1969, a proposed amendment to the Charter of the City of Englewood, Colorado, which amendment shall read as fol- lows, to wit: "Article X, Part III, Section 104, of the Charter of the City of Englewood, Colorado, is hereby amended by the deletion therefrom of the next to last sen- tence thereof which reads as follows: 'Maturity dates and terms of the bonds, other than water bonds , shall be as provided in the proposition submitted to the taxpaying elec- tor s.'" 2 . That the question to be voted upon at such election shal l read as follows, to wit: "Shall Article X, Part III, Section 104, of the Charter of the City of Englewood, Colorado, be amended so as to delete therefrom the require- that the maturity dates and terms of general ob- ligation bonds must be set forth in the proposi- tion submitted to the voters ?" 3 . That this Council does not consider the proposed Charter amendment herein contained to be in any wise inconsistent with the proposed Charter amendment set forth in Resolution No . 30, Series of 1969, heretofore adopted by this Council. This Council is of the view that both said proposed amendments are independent of the other and, should both proposed amendments be adopted by the voters at the forthcoming election, both said proposed amend- ments shall be, and become, effective. 4 . That the City Clerk and Election Commission of the City o f En g lewood, Colorado, are hereby authorized and directed to I • ' \ • • take such steps as may be necessary to assure that said ques- tion shall appear upon the ballot at said election and, in re- lation thereto, to exercise such powers and prerogatives as are g ranted to them by Article II of the Charter of the City of Engle-wood, Colorado. Attest: I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood do hereby certify that the above and foregoing is a true, accurate and complete copy of a resolution passed by the City~uncil of the City of Englewood at a regular meeting held on ~ ;0 ?~O /5' , 1969 . -~~ ~ .~ .. ~ -2- I· • ·' I I I , '! • • • • ~ r-~ RESOLUTION NO. ,L2. , SERIES OF 1969 '. 1·1 'u9 Cl'~C UN CIL I . - RESOLUTION REFERRING PROPOSED CHARTER AMENDME~F' T~N 'J...L~'; ~~r:: OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT ' La. GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1969, AND DIRECTING THE CITY CLERK AND ELECTIO N COMMISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT. WHEREAS, Article XX of the Constitution of the State of Colorado and Section 8 of the Charter of the City of Englewood, Colorado, authorize the City Council of the City of Englewood, on its own initiative, to submit to a vote of the electors any proposed amendment to said Charter, either by ordinance or reso- lution duly adopted not less than thirty (30) days prior to the election at which such vote shall be taken; and WHEREAS, the provisions of Section 110, Part III, Article X, of the Charter of the City of Englewood requires all general ob- ligation bonds issued by the City to contain provisions for calling the same at designated periods prior to final due date, which provision could result in the City's having to pay a greater interest rate upon its general obligation bonds than it would were such a requirement not contained within said Charter, by reason of which it is appropriate that consideration should be given to the removal of said requirement from said Charter, OW , THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Englewood, Colorado, as follows: 1. That this Council should, and does hereby, refer to a vote of the qualified electors of the City of Englewood, Colo- rado, at that general municipal election to be held on Tuesday, November 4, 1969, a proposed amendment to the Charter of the City of Englewood, Colorado, which amendment shall read as follows, to wit: "Article X, Part III, Section 110, of the Charter of the City of Englewood, Colorado, is hereby amended to read as follows : 'Section 110. Bond Sales Limitations -The bonds shall be sold to the h1ghest and best bidders for cash, and to the best advantage of the City. The bonds may contain provisions for calling the same at designated periods prior to final due date as Cit y Council may determine.'" 2 . That the question to be voted upon at such election shall read as follows, to wit : "Shall Article X, Part III, Section 110, of the Charter of the City of Englewood, Colorado, be amended so as to remove therefrom the requirement that all bonds issued by the City contain pro - visions for calling the same at designated periods prior to final due date, and to authorize City Council to determine whether provisions for calling bonds prior to f inal due date shall be contained within the bonds." 3 . That the City Clerk and Election Commission of the City of Eng lewood, Colorado, are hereby authorized and directed to take such steps as may be necessary to assure that said question shall ap pear upon the ballot at said election and, in relation • I • • \ ! I ' "!' -·. - • • thereto, to exercise such powers and prerogatives as are granted to them by Article II of the Charter of the City of Englewood, Colorado. I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood do hereby certify that the above and foregoing is a true, accurate and complete copy of a resolution passed by the Cit~il of the City of Englewood at a regular meeting held on, nh» 4 ,, /.< , 1969 . ~ • ~ er-r~ -2- I • • • • ELECTION COMMISSION CITY OF ENGLEWOOD, COLORADO SEPTEMBER 3, 1969 The Election commission of the City of Englewood, Arapahoe county, Colorado, met at 7 :00P .M •. September 3, 1969. adopted. Present: Mr. William Hanson Mr. Harry Fleenor Mr. Stephen A. Lyon, Chairman The following actions and discussions took place: 1. A legal calendar of election events was adopted. 2. An administrative calendar of election events was 3 . Approved a recommendation to City council that salaries of judges of election be raised from $20 per day to $25 per day and that the fee to a judge for return of election supplies be raised from $2.00 to $2.50. The recommended fees would make the City comparable with those election fees paid by Arapahoe County. The additional cost will be approximatel y $288.00. 4 . The Election Commission discussed the placement of a Charter amendment on the ballot removing the restriction that only taxpaying, registered electors would be a llowed to vote on a general obligation bond issue. Mr . Lyon called the Commission's attention to certain wording contained within the present City Charter provision and the amendment provision which would b e submitted to the vote wherein it appeared that the amortization schedule would be required to be stated in the question submitted to the voter. Mr. Lyon stated that if this interpretation is correct, it would be necessary to conduct the storm sewer election with paper ballots rather than the voting machines and thus incur approxi- mately $600.00 additional cost. The Election commission instructed the Chairman to research the question with the City Attorney and if the pro- vision is so worded as to cause paper ballots rather than voting machines to be used, to recommend that a further Charter amendment be prepared elimin ating the provision in question . 5. The Election Commission discussed the initiative petitions received on September 3, 1969 calling for the City Council to either institute left turns at Bannock and U.S. 285 for north bound traffic on Bannock or cause Hampden to be two way by ordinance or by calling a special election . Mr. Lyon stated that the City Council had until October 4, 1969 to place the special question on the ballot. 6. The Election Commission reviewed the details of accomplishing the election and working with Arapahoe County. The meeting was ad j ourned at 8:10 P.M. I • • ·' \ [ ' ' '! ...... • • RECOMMENDATION TO THE ENGLEWOOD CITY COUNCIL DATE: September 10, 1969 SUBJECT: Municipal El ection Judges' Salaries RECOMMENDATION: It i s recommended b y the Election Commission that the City Council pass an ordinance increasing the salaries of judges of election from $20 per day to $25 per day and the fee paid to the judge responsible for returning the e lection supplies from $2.00 to $2.50. DISCUSSION: This recommendation has a threefold purpose: A. To assist in obtaining election j udges. B. To improve judge-City relationships. c. To place the City of Englewood election fees on the same level as Arapahoe County . The cost of this recommendation will be approxi- mately $288 in 1969. ENGLEWOOD ELECTION COMMISSION • I • • • • RECOMMENDATION TO THE ENGLEWOOD CITY COUNCIL DATE: September 10, 1969 SUBJECT: Municipal Election Judges' Salaries RECOMMENDATION: It is recommended by the Election Commission that the City Council pass an ordinance increasing the salaries of judges of election from $20 per day to $25 per day and the fee paid to the judge responsible for returning the election supplies from $2.00 to $2.50. DISCUSSION: This recommendation has a threefold purpose : A. To assist in obtaining election judges . B. To improve judge-City relationships. c. To place the City of Englewood election fees on the same level as Arapahoe County . The cost of this recommendation will be approxi- mately $288 in 1969. ENGLEWOOD ELECTION COMMISSION I • • , • • RECOMMENDATION TO THE ENGLEWOOD CITY COUNCIL DATE: S e ptember 10, 1969 SUBJECT: City Charter Amendment to Section 104 RECOMMENDATION: It is recommended that a special question be submitted to the voters at the November 4, 1969 Municipal Election causing Section 104 of the City Charter to be amended in such a way that maturity dates and terms of gener al obligation bonds will no longer be required to be published as a part of the bond question. DISCUSSION: S e ction 104 of the City Charter presently states: Maturity dates and terms of the bonds, other than water bonds, shall be as provided in the proposition submitted to the taxpaying electors . Water bonds shall mature and be payable as provid ed by the ordinance authorizing the issuance of said bonds. This provision requires that the bond amortiza- tion schedule be known and designed prior to the submission of the question on the general obli- gation bonds to the electors. From the standpoint of conducting an election based upon an opinion from Mr. Bill Lamm, which is attached, this provision of Section 104 re- quires that the bond proposition itself must include the entire amortization schedule. Such a requirement will effectively cause paper ballots to be required rather than voting machines. A paper ballot election for all Englewood precincts would cost at least $600 more than an election in which voting machines are used. For this reason the Election Commission recommends the above City Charter amendment. From a financial administration standpoint, also, this feature is undesirable. ENGLEWOOD ELECTION COMMISSION I • • f • • - WILLSON & LAMM Ai T ORNF"YS AT ,..W DENVER COLO RADO 80202 Mr. Stephe n A . L yon Director of Finan ce City Hall 3400 So. Elat i Street Englewood , Colorado 80223 Dear S teve: Charter amendement , City of Englewood This will co n firm our conversation concerning the proposed amendment to t he City Char ter, particularly Section 104, whi ch provides in. part that the maturity dates and te rms of the bonds (o the r than water bonds ) sh al l be as provided in t he propo sition submitted t o the el c tors . Thi s prov is "on re quires that the maturity sc edule of the propos ed issue (princ i pal amoun t and year of rna urity) be included in. the question submitted at the el ~ ion . Th s c hool district law in Colorado formerly had hi s r quirement, but was amended in 1964 to eliminate th n cessity of i nc luding the maturity schedu le in the b ond question . I am not aware o f any other law i n Colo- rado which requLres the maturity schedule to be included in the b ond qu stion. The pro vision in Section 110 r equring that all b onds shall c on t a in provisions for redem p tion prior t -o-- rna uri y, is also undersirable . Consideration mig ht be given to am ending this section by changing the word "shall" or ad "may ", and by d eletin g he first word of the sent n , "All". I hoo he a b ove will be of som help. Very ruly yours, WOL:dz cc . Mr. John Criswel l ,_ I 0 ' • • COUNC IL CHA MBERS CITY OF ENGLEWOOD, COL ORADO SEPTEMBER 1 5 , 1969 REGULAR MEETING: Th e City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session on September 15, 1969 at 8 :00 P .M. Mayor Schwab , presiding, called the me eting to order. The invocation was given by Major J. Sexton Johanson of the Salvation Army , Englewood T emp l e Corps. Pl edge of Al l egi anc e was led by Boy Scout Troop No. 333 . The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson , Lay, Kreiling, Dhority, Brown, Schwab. Absent: Councilman Lone . The Mayor declared a quorum present. Also pr esent were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1969 AND THE SPECIAL MEETING OF AUGUST 25, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson , Lay , Kreili ng, Dhority, Brown , Schwab. Nays: None. Absent: Councilman Lone . The Mayor decl ared the motion c arr ied . * * * * * * Mayor Schwab rec ognized Mr. R . P. Fl a gel, 2830 South Clarkson Street, from the list of "Speci al Citizen Program Invitees ." Mr. Flagel stated that he had been a resident of the City of Englewood for 13 years and that during that time the City had made wonderful progress, particularly in park develop- ment. Mr. Flagel stated that the City still had a number of are as which needed improving, the most obvious being storm drainage . * * * * * * (Councilman Lone entered the Council Chambers and took his seat with Council at 8:19 P.M .) * * * * * * • I • f • • The f ollowing individuals appe ar ed before City Council in regard to the drainage probl e m in the 3100 South Elati-South Fox Street alley. Mr. Roy Luc i er , 3144 South Fox Street, appear ed before City Council. Mr. Lucier stated that a 12-inch drain runs from the 3100 block of South Elati west into the 3100 Elati -Fox all ey. Water from this drain dumped into the alley runs approximatel y 200 feet north than is picked up in another 12-inch drain run- ning west. Mr. Lucier stated that when it rains the alley floods, and on the June 8, 1969 rainstorm basements of area residents were flooded . Between r ainstorms the a rea is a continual mud hole and health hazard. Mr . Lucier stated that the neighborhood requests relief from City council. Mr. Lucier presented a series of pictures showing the flood after the June 8, 1969 rainstorm. Mr. Graydon Ditty , 3158 South Fox Street, appeared before City Coun cil. Mrs. Ella S trom , owner of property located at 3125 South Fox Street, appeared before City Council. Mr. E. L. Bachelor , 3 174 South Fox Street, appeared before City Council. Mr. Bachelor reviewed the storm drainage problem from its inception. Mr. Bachelor stated that the wat e r was originally supposed to have gone south to the old City Park site; but before residents of the neighborhood were awar e of what was happening the area was graded, and the present two 12- inch drains were installed. Mr. Phi llip G. Me e der, 3130 South Fox Street , appeared before City Council. Mrs. Ella Strom r e appeared b efore City Council. Mrs. Phillip G. Meeder, 3130 South Fox Street, appe a red before City Council . Mr. Stanley J. Skerlj, 3122 South F ox Str eet , appeared before City Council . At the conclusion of the discussion City Council requested that the City Manager give a report o n the problem a nd the costs involved to alleviate it. * * * * * * Mr. Ed Draper, 4900 South Lipan, whose business is located at 3673 South Broadway , appea red betore City Council to discuss parking restrictions resu lting from recently installed left hand turn pockets on South Broadway. Mr. Draper stated that the new left hand turn pockets installed on September 4 and 5 , 1969 at the Broadway intersections of Oxford and Broadwa y, Mans- field and Broadway, Kenyon and Broadway, and Dartmouth and Broadway have eliminated parking and hurt businesses in these locations. Mr. Draper requested that the Council consider the problem and take the necessary action to relieve it if possible. However, if no action is possible, Mr. Draper requested that a new commer- cial zoning be established for businesses without parking whi ch would reduce taxes applicable to said property. Mr. Draper also stated that the previous left hand turn pockets which were re- moved approximately one and one-half years ago did not present the problems that the recently installed pockets do. -2- .• I ! ! I • , ...... • • • • City Mana ger Dial stated that the previous left hand turn pockets h a d been 7 feet wide and were now 10 feet wide; the n e w pockets were longer than the old; othe r lanes have been wide n ed to a standard designed width of 12 feet for through lanes ; and parking has been prohi b ited further back from the corner. Mr. Dial stated that the Engineering Department had completed an estimate of widening South Broadway in the area in front of the Englewood Press , 3085 South Broadway. Mr. Dial stated tha t the est imate was $20 p e r lineal foot in concrete and $10 per lineal foot in asphalt. Mr . Du dley F . Pitchford, 1200 East Dartmouth, of th e Englewood Press, 3085 S o uth Broadway, appear e d before City Cou n cil and stated that last ye ar pa r k ing on the north side of Dartmouth h a d been removed ; and now with the no p arking proh i - bition on South Broadwa y , it had bee n necessary to convert th e emp l oyee parking l ot into a c ustomer p a rking lot. Mr. Pitch f ord st at ed that this presented considerable problems as customers wer e having a hard time getting used to the parking lot. Mr. Pitch ford stated that if the action to solve the problem should be the wi dening of Bro a dway th a t the City should give relief by partic ipating in the co s t. Mr . Clifford Rowland, 3675 South Broadway, appeared before City Counci l. Mr. Rowland stated that the old left hand turn slots at Broadway and Kenyon had allowed sufficient parkin g for his structure in the area. Mr. Rowland stated that the new left hand turn pockets h ad taken off 14 5 fe e t of 1 5 0 fe e t of frontage. Mr. Rowland stated that the old left hand turn pockets h ad worked before and that the City should go back to this t ype of traffic c ontrol. City Manager Dial stated tha t accidents at the four intersections in question had increased from two to t wo and on e- half time s after the old turn pockets were elimin ated. This had caused the pl a cement of new left hand turn pockets. Mr. Dial stated that accident rates at other intersections were being r eviewed. Mr. Jim Tay lor, 37 09 South Sherman, owner of prope rty located in the 4100 bloc k of South Broadway, appeared before City Counc il. Mr. Taylor stated that there is no parking available since the installation of the left hand turn pockets and requested that left hand turn d irectional a rrows be placed on t he traffi c signals with left hand turn poc kets similar to those origin all y installed some years ago. Note : A letter from Mrs. J. C . Maxwel l , 4913 S o uth Lipan Drive , dat e d S eptember 12, 1969, concerning parking restrictions o n South Broadway was r eceived. * * * * * * Mr. Lesli e Schissler, manag e r o f BPlleview Bowl, 4900 South Federal, ap pe a red before City Council requesting r e newal of Belleview Bowl 's 3.2 bee r lic ense . COUNC ILMAN KREILING MO VED, COUNC ILMAN PARKINSON SECONDED, THAT THE 3 .2 BEER LICENSE OF BELLEVIEW BOWL BE RENEWED FOR ONE YEAR BEGINNING SEPTEMBER 14, 1969. Upon the call of the roll, the vote resulted as follows : Ayes: Dhority, Brown, councilme n Parkinson, Lone, Lay, Kreiling, Schwab . -3- I • . ' ' - • • • Nays : None. Absent: one . The Mayor de c la red the mot1on c a rr 1 e d. A memo r an dum f om Mr . Stephen A. Lyon, Director of F inance , was r ece i v e d for t h e record r ega rd ing initiative petitions providing for a left tu r n mo v e me nt at South Bannoc k Stree t and U.S. 28 5 and d e s1 g nating Hampden Avenue as two way. Discussion e nsue d. After discussion i t was the con- sensus of City Counc il that formal action be taken a fter addi~ional revi e w a t a spec 1al City Council meet ing on September 29, 1969. * * * * * * A memor a ndum from Mr. Stephen A. Lyon, Director of Finance, regarding a municipal information system was received for the record . Dis cussion ensued. COUNCILMAN PARK INSON MOVED, COUNC ILMAN KREI LI NG SECONDED , THAT THE CI TY COUNCI L WAS I N FAV OR OF THE CONCE PTUAL IDEA OF AN INTEGRATED INFORMATION SYSTEM AND THAT THE DIRECTOR OF FINANCE BE URGED TO CONTINUE IN THE INVEST I GATION OF THIS SYSTEM AND THE ESTABLISHMENT OF A CENTRALIZED DATA PROCES SING INSTALLATION BETWEEN ENGLE WOOD AND OTHE R SUBURBAN COMMUNITIES . Upon the call of the r oll, the vote resulted as follows: Ayes: Dhority , Brown , Counc ilmen Parkinson , Lone, Lay , Kreiling , Schwab. Nays : Non e . Abs e nt: None. The Mayor declared the mot1on carried. * * * * * * A mem ora ndum from Mr. John Murphy , Per s onnel D1recto r, regarding a survey o f sick l e ave benef its was received fo r the record. City Manager Dia l stated tha i th at the c onver si on of sick le a ve a ccumula p a y upon retirement be tabl e d indefinitely City who will have an accumulation of sick will be retiring for at leas t thr ee y ea r &. * * t 1\ " * was his recommendat1on cd over 90 days o as no empl oyee o h leave over 90 day s 'rhe m1nu~es of the Planning and GOn1ng Commiss1o n meeting of August 12 , 1969 were received for the record. * * * * * * The minutes of the Election Commission meeti ng of September 3 , 1969 with two memoranda attached were received for the record. -4-I • f • • City Council discussed the increasing of salaries paid to election judges. Introduced as d Bill by Co unci lm n ParkH1son and read in full , A BILL FOR AN ORDINANCE REPEALING §3.8 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD , AND RE-ENACTING THE SAME WI TH AMEND- MENTS, TO AUTHORIZE CITY COUNC IL, BY MOTION OR RESOLUTION, TO ESTABLISH COMPENSATION FOR JUDGES SERVI G A'T' GENERAL AND SPECIAL MUNICIPAL ELECTIONS AND DECLA RING AN EMERGENCY . COUNCILMAN PARKIN ON MOVED, COUNCILMAN KRE ILING SECONDED , THAT THE BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST READIN G. Upon th e call of the roll, the vote resulted as fol low s : Ayes: Councilmen Parkinson, Lone , Lay, Kreiling , Dhority, Brown, Schwab. Nays: None. Absent : None. Th e Ma yor decl a red the motion carried . RESOLUTION NO. 31 , SERIES OF 1969 RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELE CTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY , NOVEMBER 4 , 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSIO N TO TAKE SUCH STEPS AS MAY BE NEC ESSARY TO PLAC E THE SAME ON THE BALLOT. (Co pied in full in the offici a l Resolution Book.) COUNCILMAN DHOR I TY MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO . 31, SERIES OF 1969 BE ADOPTED AND APPROVED . Upon the c all of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson , Lone, Lay, Kreiling, Dhor ity, Brown, Schwab . Nays: None. Absent: None . The Mayor declared the mot~on carried . * * * * * * A memorandum from Mr. Steph e n A. Lyon, Direc tor of F~nanc e , regardi ng an amendment to Section 110 of the ity Char e r was re ce~ved for the record. Cjty Counc~l d1scusse an am ndm ent to Se~t~on 110 of the City Charter whereby the provision that all bonds would be callable would be eliminated from the Charter. RESOLUTION NO . 32, SERIES OF 1969 RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE -5-I • • , • • • NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4 , 1 969 , AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT . (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 32 , SERIES OF 1969 BE ADOPTED AND APPROVED . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Krei ling, Dhority , Brown, Schwab. Nays: Non e . Absent: None. The Mayor declared the motion c a rried. * * * * * * The financi al report for the month of August, 1969 was received for the record and discussed . * * * * * * BY AUTHORITY ORDINANCE NO . 34, SERIES OF 1969 AN ORDINANCE ADDING TO THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD A NEW CHAPTER 6A TO ESTABLISH A RETIREMENT AND PENSION PROGRAM FOR ALL PERMANENT, FULL TIME EMPLOYEES OF THE CITY, EXCEPT POLICEMEN, PAID FIREMEN AND ELECTED OFFICIALS, PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE- MENT BOARD FOR THE AD MINISTRATION OF THE SAME . (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO . 34, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upo n the cal l of th e roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority , Brown, Schwab . Nays: None. Absent: None. The Ma y or declared the motion carried . * * * * * * City Attorney Criswell submitted a judgment in the suit brought by the City of Englewood against Mr. Charles F. Kingsley, Joy B. Potts, Patricia A. Potts, Richard R. Gibbons, and Marjorie Page for the conveyance of certain unplatted property in violation of the City's subdivision regulations. Mr. Criswell stated that Judge Foote had ruled that the provision of the 1957 to 1967 subdivision regulations which applied to this particular conveyance was invalid in its requirement that no one can convey -6- • I • • f ....... • real property with out first comp lying with said regulations. Mr. Criswell stated that th e Judge had ruled th a t this was an unr e asonab le restraint . Mr . Criswe ll stated th at in his opinion this ruling would h a ve n o major effect upon subdivision regulations o f the City and th a t in terms of e nforcement of various aspects of the regulations th at the City of Englewood h a d the power to withhold building permits until compliance with the subdivision regulations was met. Councilman Kreili n g requ e sted that the ruling be con- veyed to the Planning and Zoning Commission for their recommenda- tion to the City Counc il as to whether an appeal should be insti- tuted . * * * * * * City Attorney Criswell requested authorization to file an injunction in D istrict Court against the usage of 4690 South Grant as a welding and metal fabricating shop . Mr. Criswell stated that the subject property is in R-1-C single famil y zoning and that f or some years the garage has been used as a weldi ng and iron f abrication shop . Mr. Criswel l stated that sever al times ce ase and desist orde rs had been issued b y the Building Departme nt with no a vail and it now appeared that the only way to correct the situation would be to file with the District Court. COUNCILMAN LONE MO VE D , COUNC ILMAN PARKINSON SECONDED, THAT CITY ATTORNEY CRISWELL BE AUTH ORIZED TO BRING SUIT IN DISTRICT COU RT AGAINST THE OWN ER OF 4690 SOUTH GRANT FOR HIS FA ILURE TO CO MPLY WITH THE USAGE PERMITTED FOR THE PARTICULAR ZONE IN WHICH HE RESIDES . Up on th e c all of the roll, the vote resulted as foll ows: Ayes: Councilmen Parkin son, Lone, Kreil ing , Dhor ity, Brown, Schwab . Nays: Councilman Lay. Absent: None. The Ma y o r decl ared the motion c arried. * * * * * * City Att orn ey Cri swell stated that a cease and desist order had been is sue d to Mr s. Mill er, 4089 South Acoma, requesting her to clean up her property. Mr . Criswell stated that this order would expire within the next two to three days and that in the event of non-compli ance, autho rization to take action in District Court was requested. COUNCILMAN LONE MOVED, COUNCILMAN LAY SEC ONDED, THAT CITY ATTORNEY CRISWELL BE AUTHORIZED TO BRING ACTI ON AGAINST MRS. MILLER IN DISTRICT COURT TO CAUSE HER PROPERTY LOCATED AT 4089 SOUTH ACOMA TO BE CLEANE D. Upon the call of the roll , the vote result e d as follows: Dhority, Ayes: Brown, Councilmen Parki nson, Lone, Lay , Kreiling, Schwab . Nays: None. Absent : Non e . The Mayor declared the motion carried . * * * * * * -7- I • • ' • • • • City Manager Dial presented a rec ap o f the propos e d Public Service Company r a te a djustmen ts for the S t ate of Colorado and t heir e stimat ed effect on th e City of Englewood . Mr . Harold Rust of the Public S ervice Comp any appeared b efore City Council and explained various aspects of the rate increase proposed by th e Publi c Service Company . The City Council di scuss ed the proposed rate increase on gas and electricity with Mr. Rust and the p ossibility of entering in with the Color a do Muni cipal L e ague (financ ial support) in its employ of spec ia l couns e l to appe a r before the Colorado Public Utilities Commission h e arings on the Public Service Company rate incre as e propo sa l. COUNC ILMAN LAY MO VE D, COUNC ILMAN DHORITY SEC ONDED, THAT THE CITY OF ENGLEW OOD INDICAT E ITS SUPPORT TO THE COLORADO MUNICIPAL LEAGUE IN EMPLOYING SPEC IAL COUNSEL IN REGARD TO THE PROPOSED RATE INC REASE BY THE PUBLIC SERVICE COMPA NY . Upon the ca ll of t he roll, the vo te resulted as fol lows: Ayes : Coun ci l men Parkinson , Lone , Lay, Kre iling, Dh ority , Brown , Schwab. Nays : None . Ab se nt: Non e . The Mayor decl ar ed the motion c a rried . * * * * * * City Manager Dia l stated th at the temporary hous ing o f the snorkel f ire apparatu s b ehind Fire-Police headquarters would n ecessitate moving the 1 6 Police cruiser st alls north on the property leased f rom the City by Ambrose-Williams for parking and cause the vacation of certain other parking stalls leased and maintained by said firm . Mr. Dial stated th at a representa- tive of Ambrose-Wi ll iams indicated that they would c ooperate wi th the City and requested th at in return the City assist them to a certain degree in the mainten ance o f the lot. Mr. Di al stated that the temporary h ous e of the a erial ap para tus would b e in place f or 12 to 15 month s. Mr . Dial suggested that the City stripe the p arking lot once within the next year. City Coun cil d iscus s e d the proposed striping of th e parking lot , and at the c onclusion it was the co ns e nsus that the City Manager submit a ost est imate for this work at the next budget session. * * * * * * City Mana ger Dial r equested the approval of City Council for his att e ndance a t the I nternational Cit y Management Association Conference in New York City, October 17 to 23, 1969. COUNCILMAN LAY MO VED, COUNCILMAN BRO WN SECONDED, THAT THE OUT-OF-STATE TRIP OF MR . STANLEY H. DIAL, CITY MANAGER, TO ATTEND THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION CONFERENCE IN NEW YORK CITY, OCTOBER 17 TO 23, 1969 BE APPROVED . Upon the ca ll of the roll, th e vot e resulted as follows : Ayes : Counci lmen Parkinson, Lone, Lay , Kreiling , Dhority , Brown , Schwab . -8-I • • f ·' • • Nays: None. Abs ent : None. The Ma yo r d ec lared the motion carried . * * * * * * City Manager Dial r equ ested the approval of City council for the attend ance of Mr. Charles B . Carroll, Utilities Director, at the American Water Works Association Conference in Albuquerque, September 29 to October l, 1969. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE OUT-OF-STATE TRIP OF MR. CHARLES B. CARROLL, UTILITIES DIRECTOR, TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION CONFERENCE IN ALBUQUERQUE, SEPTEMBER 29 TO OCTOBER l, 1969 BE APPROVED . Upon the c all of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manag er Dial requested the approval of City Council for the attendance of Mrs. Bernice Bates, Court Clerk at the National Association for Court Administration Conference in Albuquerque , September 27 to 29, 1969. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE OUT-OF-STATE TRIP OF MRS . BERNICE BATES, COURT CLERK, TO ATTEND THE NATIONAL ASSOCIATI ON FOR COURT ADMINISTRATION CONFERENCE IN ALBUQUERQUE, SEPTEMBER 27 TO 29, 1969 BE APPROVED . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Krei ling, Dhority, Brown, Schwab. Na y s: None. Absent: None. The Mayor declared the motion c arried. * * * * * * City Manager Dial stated ,that Mr. Robert Brundage, 342 4 South Broadway, had requested that the City Council approve the use of City sidewalks for display of merchants and groups and approve the placement of an advertisement banner over the 3400 block of South Broadway for Country Fair Da ys , October 3 and 4 , 1969 . COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE REQUEST FOR USE OF DOWNTOWN SIDEWALKS FOR COUNTRY FAIR DAYS, OCTOBER 3 AND 4, 1969 AND THE PLACEMENT OF AN ADVERTISEMENT BANNER OVER THE 3400 BLOCK OF SOUTH BROADWAY BE APPROVED. Upon the call of the roll, the vote resulted as follows : -9- • I • - • Dhority, Ayes: Brown, • councilmen Parkinson, Lone , Lay, Kreiling, Schwab. Nays : None. Absent : None. The Ma y or dec la red the motion car r i ed. * * * * * * Assistant City Manager Mack appe ared before City Council and stated th at a r equ est h ad been received from the Mile Hi Motorcycl e Association for a gymkhana to be held on September 28, 1969. Mr. Ma ck stated that this was being sponsored b y th e Associ a t ion to help defray medical expenses of one of Mile Hi's members . Mr. Mack stated that the approval of Ambrose-Williams , lessors of the parking lot, would also be obtained by the Mil e Hi Motorcycle Association. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE USE OF THE PARK 'N SHOP PARKING LOT BY THE MILE HI MOTORCYCLE ASSOCIATION BE APPROVED PROVIDING SAID ASSOCI - AT ION CLEANS THE LOT AFTER ITS USE . After discussion Councilman Lay stated that the foll owing should be incorpor at ed within his motion: AND FURTHER PROVIDE THAT THE LESSOR CARRY SUFFICIENT LIABILITY INSURANCE TO SAVE AND HOLD HARMLESS THE CITY AS DETERMINED NECESSARY BY THE CITY ATTORNEY AND THAT THE EVENTS ON SEPTEMBER 28, 1969 BE REQUIRED TO STOP NO LATER THAN 7 :00 P.M. follows: Dhority, Councilman Brown accepted the add itional incorporation. Upon the call o f the roll, the vote resulted as Ayes: Brown , councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays: None. Absent: None. The Ma yor declared the motion car ried. * * * * * * City Manager Dial stated City Council study sessions would be held on September 22 and 29. * * * * * * City Manager Dial stated that with the enactment of the pension ordinance the City Council may wish to consider possible appointees to the Pension Board. * * * * * * City Manager Dial discussed the scheduling of a trip to view the We stern Slope Development project with members of City Council. * * * * * * Ma yor Schwab stated that approximately a month ago the City Council h ad r e qu ested that the Pl nning Commission provide a recommendation as to the location of the Columbine Freeway. Mr. Schwab stated that as yet this recommendation had not been -10- I • • • • received; and due to the f a ct that the Chamber of Commerce Board of Directors had recommended the Santa Fe Alignment of the Co lumbin e Freeway , Mr. Schwab stated that he believed the City Council s houl d take a position. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY COUNC IL RECOMMEND THE SANTA FE ALIGNMENT OF THE COLUMBINE FREEWAY. Discussion e nsued. COUNCILMAN PARKINSON MOVED , COUNCILMAN LONE SECONDED, THAT THE MOTION RECOMMENDING THE SANTA FE ALIGNMENT OF THE COLUMBINE FREEWAY BE TABLED. Upon the call of the roll, the vote resulted as follows : Ayes : Councilmen Parkinson, Lone, Kreiling. Nays: Councilmen Lay, Dhority, Brown, Schwab . Absent: None. The Mayor declared the motion failed. Upon the call on the original motion,the vote resulted as fol lows: Ayes: Councilmen Lay, Dhority, Brown, Schwab. Nays : Councilmen Parkinson, Lone, Kreiling . Absent: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Dhority , Ayes: Brown, Councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays : None . Absent : None. The Mayor decl a red the motion c arried and the meeting adjourned a t 11 :45 P .M. I • • . ' • • I , TkODU t.O s &ILL SY COU CIL MAN B~-\PRITY ORDINANCE NO. ~· SERIES OF 1969 A1 oq0 11 A,CE AOO J ~~ TO THE MUt ICI PAL CODE F THE CITY F Eri GLE 0 0 A ·w CliAP TE . 6A TO ESTABLISH A RETI RE MEif T A.H> p·· SI O'I Pi<O ~{AM F R AL L PE HANt:H, FULL TI HI~ l:f4PLU YE£S OF TilE CITY , EX- CEP T PO LICE ~~H , PA I D FI RENE AND LEC T D OF FICIALS, P R OVIO I ~G FOR TME FI ANC I ~n OF THE SA~E A~O C REA Ti h~ A RETI E~EH T SO ARD FOR THE D~IUI~T R A TI O, OFT E SAME . ll IT ORD AI. EO BY THE CITY Cv Ur CIL OF THE CITY OF EN GLEWOOD , C L RAOJ , t h at t he l unict pal Cod e of t h e City of En 9l ewood i s he r eo y •~ended ~Y t he additi on t e r e to of a new Cnap t e r 6A to read as foll Oil S . to -1'1 1 t: CITY OF E ~L E~OOO RETl REME T P LA ~ §6 .1 ~s tabltinMent of the Plan and ~eftnftioni i6 A.l-1 Estacltsh•ent of t h e Plan . The Ctty of En g le ood, Stat.! of Colorado, luireoy estii Tl5hiil rettre1nent r.h n for 1ts a mp lo ycos as d&scrt ued he r e in, and whtc h , as it m ~y ue he reafter 1 en d ed fro m ti •e to ti ~e . shall e known as the •ciTY OF EN LE 0 0 R t:TI RE~E~T P L A~· (heretnafter referred to as th~ "P lan•). I 6 A.1 -2 Daffntttons. f h~neve r used in the Plan, t he followfn ter 111s s hall ave the res'Pecttve munfnqs \et fort !\ ~elo ..., unless t he context clearl1 indicat es other .. tse: (a) •E ff ctfve Uate of the Plan " sh all mean Januar 1, 1970 0 (b ) •city• s hall ~•an th e Cfty of E n ,la ~ood, Stat e of Colorado. (c) •c tty Counctl• shall ~ean t oe Ctty Counctl of the City of En qlewood, State of Colorado. (d) ~[e ployee• s hall ~ean an1 pe rson e~ployod 1 t ne Cit~ on • pe r iA tnent, full-tt e ouh. All ••ployea shall oe considered to bo employed on 1 pe reanent, full-tfg• ~asfs tf h fs custo •ary e~ploy~ent exceeds twenty hours 1 week and ftve ~ont •S a year. For pur pose s of t h t s Re tireme nt P lan, policeme n, oatd ftra en and e l e cted offfctals sha ll not a consfQ e reu to • e Mp lo yees. (e) "Heaber• s h all me an an y erson Included tn the me ~•r ­ sh f o of t e Vlan as provid ed tn i 6A ,2 ha r eo f. (f) •Ra ttr ma nt Board• •• all ~tin the I)Oard char ed w1t.1 tne enural ad ~t nf s tratton or t he Pla n as s et fort 1n I .1 ha reof. I · • I ! ' f 'f • • (g) "Compensation" s hall mean the re ular pe riodic coMpensation paid to the EMployee, reflectfn1 t he normal regular salary or hourly waqe rate, in- cludtn q lonqev1ty com pe nsation, before any payroll deductions for income tax, So cial Se curity , ?rou p insurance, or any other purpose, but excluding bonuses, extra pay, overttae ~a y , contributions bv the City under this Plan, or for So cial Se curit y, group insurance, r e tain e r s' fe under contract, or t he 1 He. (h ) "Con tinuou s Se rvfce " sh all mean service wh fc h is uninterru pted, or whtc h ts interrupted only by oer - mtssible breaks in service as rovided in §6A.~. 3--b- (1) "Prior Se rvic e• s hall mean the pe riod of service rendered by an E~o lo yee prior to the date he be- coNes a Membe r of t he Plan , f or wh ic h credit ts allowed. (j } "Current Se rvice • sh all ~ean the period of service rendered by an Emp loyee as a He•be r for wh ich credit 1s all owed , (k} "C redited Service• shall •ean the su~ of an y Prior Service and any Current Se rvice, as furt he r defined tn §6A .i-6 he reof. 3-.:3 (1) "Plan Year• shall mean the calendar year startin ~ January 1 and endtno on aece•ber 31. (M) "Rettre•ent Be nefft" shall mean any retir eme nt oene- fit provided for in i6A.6 he reof. (n) "Accu•ulated Contributions" shall •ean the sum of a Me~be r's contri utions to this Plan together with int e rest t he reon at the rate of 3-'sS per annum co m- po unded annuall y . (o) "Re tired Me~be r • shall mea n a former Mem be r whos e e ploymen t has terminated by reason of retir emen t and who 1s rece1vin o , or is entitled to receive, or whose beneficiary or estate fs entftled to receiv e , ene- fits under this Plan. (o) •vested He•ber• shall Mean a former Me mbe r whose e m- ployment has ter~inated and who fs entitled to r e - cetve the deferred Rettrement Benefits as provided in t 6A ,9 he reof. (q ) •a enef1ciary• s hall mean t e pe rson or pe r s ons who are so desi gn ated y t h e H•m~e r, in the latest written no- tice w tc h the Meabe r has filed with t h e Re tire•e nt Board, to receive an y av ~e nt to tc h a be neficiary may be co me entttled und e r this Plan. (r) "T ru s t ee• s1all mea n the trustee referred to 1n §6A.11. (s) "Insuranc e Comoany• shall •ean the tnsuranc com an y r efe rred to in 16A.11. (t) "Fund" sha ll mean the Retir 111ent Plan fund esta b lished for the pur pose of provfd fn 9 the eneftts under this r la n as s e cifi ed in iG .11 ereof. -2- I • ' • • • (u) •Actuartal E~uivalent" shall mean a b ~nefit of equivalent value w1en com puted at the rata of interest and on the b asts of mortalit y and other tables last adopted by t he Ret1re~ent Uoard. (v) The mas cultne prono un he rever used shall be in- ter preted to fnclude the fe~in1ne, and sfn qular words to include the p lural. §GA.2 Hembersh1, §6A.2-1 Em p lo vees Elfgf b l e on Effecttve Date. [very Em- Plot ee on January 1. B7o. shall re c11qible for lllembershtp tn the Plan on that date. Each Emp loy ee, on J anuar y 1, 1 7 0 , ma v elect to become a Memb er of the Plan on that date by prop e rl y ft11n? ~ft h the Re tirement Board, on or before t hat dat e , the form of mem b er- sh1 aqree ment furntshed for that purpose. An y such E.ployee who does not rtle the for m of members f p aqreement on or be fore that date may thereafter ffle su c h ~embershin agreement and hecome a Mem er on the first da y of an y subse quent ~ontn; but 1n such event, s uc h Member shall not be given Cred1ted Service for ant Prtor er- vfce, as defined in §6A.3-l he refn, in determinin g said ~embe r's Credited Service under t he Plan. ua..:. CY~<-<..L ,;.(a:a i6A.2-2 Emplo y ees Eli qt ble ~g~~s. For each Employee 1~ho be comes such a'hr January 1,197'0~e rshi p 1n the Plan shall be a cond1t1on of emp lo yme nt, and such Employee shall be requfred to com olete the form of membership aqreement at the tt~e of em ployme nt. Suc h Em plo y ee shall b eco~e a Hember on the date of em- plo yme nt. i 6 .2-3 Ter mination of Hembershtp. Hembe rshfp In the Plan s hall tern fnat e u po n termination of the 1e mber's em plo ymen t lt h the City . i 6A .3 Se rvice §6A.J-l Prior Se rvfce. Pr1or Service shall fnclude an y period of continuous servtce rendered by a ~ember u an Emp oyee of the ....:u . Cf _t Y. p.rior to ec oU~fna. a Hem b r ·~£kZ<YRz,_,.;,._.,~ ~ f _,( b.__.~~ to~ cz ''"' ,.-e. ,R'<"'<~'v "MJ .z,.,-./,._•, .'d ft· £._.a~. •'«ct ..&:>7 !.-..e:/.2•/ t7.-r"· -z&-:-~· "?<-"'- :A 'l C.it:2-'~ aA1 ....-//.tt:../£2/!/ d--"/....U4::'/2. ...J.: \_ u..c . / t ··??. 7 , • -rent ~erv1c:e. Current Servfce shall consist of all contf nuous servf ce of an Employee rendered between the date on whtc h he first becaMe a aM ber under the Plan, and his norMal retlre~ent date. as hereafter def1ned, or the date or his ttrmlnatfon of eMolo y - • ent wft h t he City , wh ichever first occurs. i6 A.J-3 Credited Service. Credited Sarvtce, which has b~e n defined in l6 A.1-Z (k) as the su~ of an y Current Service and an y Prior Service or a ember, s hall ue the onl y servfce on the basts of th fc h be nefits under t his Plan shall ~~ determined. The Credited Se rvice of 1 e uer s hall e determfnad by t he Retfre~ent oard in 1 non-dfscrt tnatory manner as provfded he roin. !6A .J -4 Lf~ftatlons on Cre dited Service. ~o pe riod of Credited Se rvice sh all 5 deemed fo !De increased or extended by ov rtf me • Credft d Service sh all not inElude an y period of ser- vic durln q h fc h t he M mbe r I s c o ve r e d under an y ot or r ~tiremcnt or pens f on len, other t ha n t h Volunteer r1r .an's Pen s ion Fund or vASJ I, t o ~h fc h t he Cft y ma es contr1 b ~tions • -3- • \ ! I ' '! • • Credited Service shall not include an y pe riod of ti~e durin q wh ic h t he 4em bcr fs on an a pproved leave of a bse nce or interru ption of servfc@ a s provided in §6A .3-5. Vnti-n.UIIJ ~ s'Qn-i~Acn--~ tj_ 0 na '.U r S !it e a llo.te d 0 A th e......h.u n •-.4-f 0 ~ w e'l-f.:th G..f '0-0 e y e.ir ....,1a.J:._u~ .1 ena-u. mon.t_l! of ~~~ t!~ ce ~ i6A .3-5 Brea ks in Se rvice . If an y break or br eaks s hall occur fn t he service or a Rem 5er, none of hi s service rior to t he la s t su c h bru k , het . er Prior Service or Current Service, sh all e included in h i s Cr edi t e d Service. The Re tire men t Board sha ll hav e t he power to determine ·he n a br eak or rea ks in services all nave occurred and s uc h determiution s hall be made in a non-di s cri m- ina tory manner. A leave of a bse nce or interru ption of service dul y a pp roved y t he City Mana ge r and Doard of Ca r ee r Se rvice Co m~i s­ s foner s s hall not e con s idered a ~r e a k in service. All s uc h l ea ves of a bse nce or interru ptions of service shall be a oo roved tn a non-d1scri ~1nator y manner and for a soec fffc oe riod. Any Eap loyee or an 7 ~~~b er who is on a leave of a b- sence on account of enterin g into t he military se rvice of the United Stlt n (includin q service in t he Un ite d States 1crchant llar1ne in ti me of war) sh all, in t he a bsence o f r easonabJe jus tification for additional delay , r e turn t o t he se rvic e of t he Ci t y with in ninety (~0 ) da ys aft er t he ti me hen a di s c harqe from such Military service a s fir s t available to sue~ emp lo yee. tn t he event t hat a emb er or Emo lo yee d oes not return to t he service of t he City wit hin the ti me soe cifi ed a bove, suc h l e ave of a bsence shall e con si dered a br eak in se rvic e . The period durin q an y leave of a bsen ce or interru otion of se rvic e s hall not, ho we ver, be included in Cr edi t ed ervtce. 16A.4 Contri bution s i6A .4-1 •• er Con trt button s . An Em lo yee w o is or sha ll beco111e a • e111 be r sh all, durfn!J hfs period of Current Se rvice in Ute Plan, contri ute to t he Plan y me ans of pay roll d eductions an amount e~ual to t hre e per cent (3 S ) of h ts ~ont h l y co ~pe nsatton plus one and one-nalf pe r cent (l ~S ) of t hat portton of suc h ~onthly Co Mpe nsation whic h is in excess of Ftvc Hundred Fifty Dollars (SSS O.OO ). The deductton for an y lon ge vity ay not patd on a •ont hl y basts, shall, nev e rth e less, be co ~p uted, for t he pur pose of this se ction, as if the same had been patd •ont h l y durtn g the y ear in wh ic h earned. Ho MeM ber shall be re q utred or e r o ttted to m a ~e con- tri utions to t h is Plan durfn q an y pe riod of emp loyme nt bey ond hts Uormal Re tireMe nt Date or for an y other pe riod of ~~ lo y"ent for hfch he i s not r e ceivin g credft for Curr nt ~e rvice. !6A .4 -Z ~Contri b ution s . The Cft y will, fro m ttee to t1 ~e. at l eas t annual~ ~ake contributions to t he Trust Fund to t he ex- t nt ne c essa r y t o ftnance the benefits rovfded by t he Plan on a sound actuaria l basts. The Cit y exne ct s to continue s uc h contri bu- tion s t o t he Plan, but assumes no r es ponsf t11t y t o do so andre- serves t he rf ht to sus pend or to r ed uc e contri uttons at an y tiMe. -4 -I . • . \ ! I '!' • • otwithstandin g an y other provisions hereof, or an y amendment hereto to the contrary , at no time shall any assets of the Trust Fund revert to, or be recoverable by, the City or be used for, or diverted to, pur poses other than for the exclusive be nefit s of Memb ers, Re tired Members, Vested Mem bers or their Beneficiari es under the Plan, ex c ep t s uch fund s wh ich u pon termina- tion of t he Plan are in excess of the amount re qu i red to full y fund the Plan and are due to er ron eous actuarial calculations. ~6~.4-3 Application of Fo rfeitures. Any amount forfe ited be - cause of t he termination or-em ployme nt of a Memb er prior to h is havin g acquired a full y vested ri ght to Retirement Benefits, be- caus e of the death of an y Membe r, or for any ot ~e r reason, s hall not be a pp li ed to increase t h e be nefits whic h wo uld otherwi se be pay a bl e to any other Member. The amounts s o forfeited s hall be appl i ed a s soon as possible to reduce the contri bution s re q uired to be mad e by th e City . ~6A .5 Retirement Oates §6A.5-l Re tirement Under the Plan. The provi s ions he r e in be lo w contained relate solely to retirement under the Retireme nt Plan here- in esta b li shed and nothin g herein contain ed sha ll be construed to r epea l, a mend or modify the provisions for ma ndatory retirement fro m emp lo yme nt wit h the City as contain e d within any ot he r ordinance of t he City . I 6A .5-2 Hormal Retirement Date. The Normal Re tire ment Date of a !e mbe r sh ilTbe the first dftYQT t he calendar mon t h coincident wit h or next succeed1n his 6 5th birthday. ~6 A .5-3 ~R etire m ent Date. A Mem be r wh o has attd ined the a~e of fift y -five (55 ) years andlhils com pleted 20 y ears of Credited Service may e lect to retire as of the first da y of an y calendar mont h . §6 A.5 -4 De layed Retirement Da te. Ever y Memb er upon reachin g his Normal Re tirement Date must rerfre under the Plan unless the City re q ue s ts that he delay retiremen t until a Delayed Retirement Date. If such a Dela y ed Re tirement Date is re quested by the City and the Member e l e cts to do so, he ma y rema in a Membe r of the Plan until suc h Dela y ed Re tire ment Date u pon s uch terms as may be ar- ranged, but not be yond the first da y of the c a lendar month coincident with or next succeedin g his 70 t h b irt hda y . H1s "De la ye d Re tire men t Date" shall be the first da y of the month, coincident wit h or next followin g the date of his actual retirement. As a condition prece- dent to continuance in e r,1nloyment bey ond t he No rmal Re tirement Date, the Me mber shall file wit h the Re tiremen t Board t he ~ritt e n desi gna- tion of a Beneficiary. whether or not the Hemb er elects one of t he op ti ona l be nefits in accordance with i6A.7-2. ~6 A.5-5 Disability Retirement Date. Upon written a pp lication to t he Retirement Board, a Mem ber witnilt least 10 y ears of Credited e rvic e and who has b ecome pe r manentl y inca pa citated for the er- f ormanc e of du t y from an y cau se shall be qrant ed a Disa b ilit y Retire- men t. The Di a bi lity Retireme nt Date sha ll be the first da y of a mont h coincident wit h or next follo win g the si:J ,t;e Uf1 91'! wh ic h the d i s a b111t v is d ete rmined by the Reti remen t ~~to have occurred. The Re tire ment Boa r d shall have the so l e authorit y to make the factual dete r mination of elf i b ility of a Membe r for a Disa bility Re tirement, but sue determina tion shall be mad e in a non-discri mi natory ma nner and with co mpe t en t medi cal advic e. -5- . , \ ( '! I 0 • • i6A.S-6 RettreNent Date. A Mem ber's •R etirement Dateu s hall be hh Nor11al Rettri'iiiiilt Date, hh Earl .v Rettrenaent Date, il1s Uelaytd R ettre~ent Date, or hfs Dtsa bfltt y Re tire me nt Date, wh ic he ver is a pplica ble. !6A.6 Re tireme nt Oe neftts HA .6-l tio rmal Re tirem ent !le nef1t. Upon retiremen t at Norma l Re tirem ent Date. each Ret1rod Rem ber s all recetv e a m ont ~l y Retire me nt eneftt f or ten years certatn. and ltfe th e reaft e r. e qual to one-twe lft h the sum of t he followdn ~: (a) {b ) For Prfor Se rvice : T h e num ber of y ears of Prtor Servfe'i!Cred1 ted to h f111, I!IUl tf plf ed ~Y the sum of of (1) one-ha lf of one per cent (~~) of h is avera q e annual Com pensation received durtnQ the t hr ee y ears of se rvice next o rior to Ja nuary 1. 1 ?7 G. and (2) one-fourth of one oe r cent(l:l%) of t hat ortfon of s uc h annual Com en s atfon tn ex- cess o f $6 .600 .0 • For Current Servtce: (1) one pe r cent (lS) of hfs Com ensatfon durfn 9 each y ear of Current Service cre dited to hfm, ,Jus (2) one-nalf of one per cent (~%) of that portion of suc h Com pe nsation fn excess of ~6,600 .0 0 . For an y fractional y ear of Current ervfce the be neftt amount co~p ut ed hereunde r shall equal the sua of: (f) one per cont (1~) of n fs Co~p ensation for such frectfonal y ear, end {11) one-half of one ner c en t (~~)of t hat no rtfon of such Com pe n s atio n for s uc h fract1onel ye ar a s s hall dxceed the o roduct of $5 0 .00 and the num bo r of~ont hs of suc h fractional year. v~ ,.: -ud.,-• LL-u~ -< '.n i 6A .6-Z ~arl y Retirement Be nefft. A ~e111 b e r retfr1n q prfor to h fs ornal Re t reMent Date shall be entitl ed to a reduced Re tirement Benef ft ~h 1c h s hall b e the Actuartel Equivalent of h f s ormal Ret1r e- en t 8enef1 t wh tc h f s b a ~e d on h is Credited Se rvice prfor to th e det e of actual r e tfrcoent and whfch would h ve been aya ble t o h f ~ at hf s r o r Mel Re tfr "ent Date. ~6A.6 -l Delated Retirement Benefft. A , em ber r etfrfnq subse- q u n 1. to hts orma "lfetfrement Date sha ll r ec e ive th e sne no nt hl y r tfremen t b n fit a s that to wh fc h e ~as en titled at h f s , orma l K etf re ~en t Date. §6 .6 -f D1sa tltt ~ Retfruent Be nefit . f , 1-l e11 er who has beco ml! df sa bl ed as !i ta ted 'n I A.5041' b ut wh o ha s less then 10 years of Cr dfted Se rvic e on the date on whfch the dfaa b lfn 9 event occurs. s hall rec ei ve a r efund of h fs AccuMulated Contri butions. Mem be r wh o be co Mes disa bled a stated 1n 16 A.5"":i" and h as a t l eas t 10 yea r s of Cr e dited Se rvic e sh all be e nt1.t:;J ed ._!J of h1s date of d1sa b 111ty as det e r mined y t he Re tirement lliif'Uf~t-~ t o t h 1\ctuarhl E ufval ent ot__..tu ,a t.JS-~of h is ormel e tfr ene nt Gencf1t whf c h 1 s bas e d on h1 s Credit e d Servfce prfor to t he dat o f h fs dfs a b 111t y and whfch 1oul d hev e been pa ya bl e to h f m et n f s ormal Re tirement ate. -6-I · • I , '! • • ~~·~,_./A fter considering the Hemue r's needs , t e Re tire- ment ~~ shall deter ~ine whe t he r the Membe r is to rec e iv e suc h Actuarial Equi val e nt co mp ut e d 1s of tht date of s ue dis- a ~ilit y , a s follo ws : (a) as a Re tireme nt Benefit pay a bl e mo nthl y for t he ! em~er's life, or (b ) IS a Re tirement enefi t Da ya bl e ~ont h l y un- til deat h or the x piry of a sta ted num ber of years, wh ic he ve r occurs first, or (c ) a s a Re tire ~en t e nef it oay a b le in a stated num ber of mon t hl y pay Ments , or (d) a~ a single lu mp sum payment, or (e) as one of t he other for~s of a yme nts nr o- vid ed in GA .7 -2 . i6 A.7 Paymen t of Be ne fi t s §6 .7-1 Re tiremen t ~e ne f it P;yments . Un l ess o ptional Re tire - me nt onefi t payme nts are ao plfca e , the Ke tirement Benefit as ;>r ovlded in §6 .6-1 s a ll t>e aid in e -1ual mon t t.l y install me nts and the fi r s t s uc h ins tall me nt sna ll boa paid on t i e fi r s t day of t ne ont h nex t c;ucce edin th e mont h in wh ic h t he .e tir e~en t ~a t e occurs and continuing a t mon t hl J intervals for a ~e riod o f 11 ~ additional I'JO nt hs a nd !'or t he e tire d Henbe r's li fe ti me t he reafter. The hst e neftt payment sha ll e ~ad a o n t he l'irs t da t of the mo nth of t he Re tired H em~er's deat h , unl ess pay~en ts nav e ee n Mad e for ft~er t han 12 0 ~ont h s in wh tc h event t hey sha ll be continued to n is naAed ~enef 1c1ar , ceasin q wn ~n a total of 12 0 ~ont~l v pa yne nt ha Y oee n made to t he Re tir ed ~em)e r and h is Be neficiar y , com bined. 16 .7-2 Op tional Ret iremen t Benefi t Paymen t s unifora rul as and r eg wlatfon s as the l e ttr Qaen t C •t re- s cri bt, a ~e~be r ma , in lieu of the RettreNent enefit pa y• nts provided in i 6A .7-l, e lect one of the follo win forms of a tional et1rement Benefits, htc h sha ll c t e Actuarial E wtvalent of th e benefit t o wh ic h e would other~tse e ntitled. T e e er u1t make an y elec ti on of a n Oi tional be n~:fit)lJ..;!')Ain <1 , and such elec- ti on mu st be f il ed wit h the Re tireMe nt G~~ at lea s t ~0 daJs prior to t he due date of the ftrst oayment of Re tiremen t enefits und e r t he Plan. The election of an option may be c an 9ed at an y ti Ne rior to 90 days precedtn a the dwe date of t he first oa y•ent of e tireQen t Benefits under the Pl an. (.) (u) Jo tnt and Survivor Benel'it Op tion. A be nefit hic h ?rovtd es-reduced monthly ~tfrement enef it av•tn t s during t he Re tired Me~ er's 11fe , and upon is dtat after retire ent. continu es pa y•en ts in t he sa• or a l e se r aM ount to a d esign ated Oenef1t1art durin t he li fe of such "eneficia r v ; provided , .o ever. that t he dusignated e nefi ciar y for any joint and \u rvivor benefit elected under this §6A .7-2 ust be the ~e~b e r 's spou b en fit wh tc h rovtOiS an ad)ust a month l y Ret1raNent tnef tt pay- munt durinq the etired Hem er's lif • and u pon his duth aft r rettreti1tnt >41t in a Sl)tc1fhd ter" ttrtatn (suc h ter• to be s . 15 or 2 tea r a s e lected the 1eM er), continues patrnents in t he \ame a mo unt for t he balance of uc h t rm certain to a desi ~nat d enefi ct ary . -7-I 0 ' • • • (c) (d) Social Security Ad~ust~ent Option. A benefit pava ble to the Re t red 1'1em!:ler""'"ifU"r1 nq h h 1 H<!thle ut ith suc h pa ymants ad1usted so that, to1ct he r it n t h~ monthl y p a y~e nt of the ~r i mary in~uranc e amount expected to be come pay able to 1m under Title II of t he Federal Social Act .n in fore on t h e dat e of su c n re 1 uest, t h e y will form, as nearl y as is p ract1ca b l~. a u~ifor se ries of o av~ents. The R tired 1em~ r's o tirenen t nenefft under t h i s o ot1on ·111 e adju~t ed y 1ncreas in') t 'l e aMount of ed c montnl y p a ym nt be co~fn g a ya ole to hi m ~fo r e he is ex p ~cted to r ecei ve s uch Social ~e curit v enc- fits and v deer asin q t ha a~ount of h1s mon t h l y Q4yment ecom l n1 ?ava l le to h i ~ t hereafter. Lif tim e Oenefit O~tion. A be n fit «h 1ch provides incr eased ~onthlyettre~ent Oencfit payme nts only durin t he Re tired 1e11:.~e r' s li f • • 7-J i'linimum ~l ont h ll, ~Clents. If t h e ont h l y be nefit t o wh iC rl an y il emller or 3ane ffchr y s~:,ecome nt1tled under t he Plan s hall be less t han $25 .00, the Re tire ent Board sh all have the ri h t to direct that t he Actuarial E uivalent of suc h be nefit shall be oatd tn a lum p s um or in installments at suc h interval s as will re- su lt in e ae pay me nt anountin g to at 1 a s t $25.no . i A.7 -4 Uen ficiar r . The M e ~ er mi J d&ii ~natc as h i s ene- fic1dr y , 1n ~r1£ing, hi s s ~ous e or an y or ~fs c h ildren , e it h r natural or ado p t e d, p ar~nts, rot hers or sisters. If t h e desi gnated Bene- ficiar y dies p rior to the due date of t he first pay~ent of Re tire me nt benefits under the Pla n and non e eneffeiary has ~e·n de s i gnated, eti rernent Benefits s hall b u aid as t nou Q 1 no o ;>ti onal !Je nefft had en elected . §6 A.8-l Ueat h of a ~ ate. In t he event t h at~r~oer -of the Pl n di , prfor to hts Ro rmar-Rettre- men t Date, t he re s l 11 be paid to t he Pe neficiary de i nated bv h 1 ~, if sa id Oenefieiart e livin ?, othe r ~ise to fs estate, the aMount of h is ccu Mulated Contri buti o ns as of t e d at e o f h is dea t h . §6A ,8-2 etween H or~al and oehyed rt etf r oocn t. Oates. In the event that a ~e~ er continues in the City 's em r lo yme nt after h fs :\orma1 Retirement Date, and dies !> fore actuall t r tirin g , t hen, for ur poses of this Plan, h! s nell De dee me to av e retired on the first da y of the cal e ndar mont h in whfeh he dies. If an el cti on of an optional enefit p rovid ed for in J GA .7-2 is t he n in eff~ct, t he na vments, f f an v , rovided by su c h 0 1- tfon5l b nef1t s hall be ~•de to t he Be nefic i ar y desi qnated by t he MemJe r. If no election of an optional enef1t p rovided for 1n i GA .7 -2 is then in effe ct, su e "1 e1 be r s hall be dee me d to hav e c lt~ct d the :Je n f it o rov1 ded for in S ctio l\ 1 6A .7-l and the 12 0 :no nt h l ; a'lments sha ll oe ~ad e to t he De nefic1ar y de s i ona ted by t he Mem be r a s r ~q uire d in §6A. · In the event that no desinnated Oe nefici&r f i s livin g at th d at h of a i ,,be r 11h 1l e continuin <1 in the City 's er'lploy111e nt after h fs forma l •l l'!t ireme nt t, s uc h nb r s r1 11 ":lo deon d to hav e l e cted t h e ~>tW :j prov .d~ for 1n ~6 .7-1, an d t fte 120 ont 'l l y rt a y- ents shal l be ~ t h int re st rat ~ la s t ado . ted by t e R - tire111ent C~11111iUee and paid in one su to t ne e1tate o f the • er. ;--('? ?'X. -8- I • • ~6A.8-3 Death of a Retired Mem be r. In the event t hat a Retired Mem~e r~iS been receiv'n ~ Retirement Be nefit a y~en ts under §6A.7-1 or §6A.7-2, o ption (b }, dies before he has receiv ed oayme nt of mont h ly installments for the term c e rtain, hi s Bene- ficiary , if livin g, s hall receiv e monthly install~ents of the sa~e amount for the balance of such term certain. Jn the event t hat no Be neficiary ts ltvtn Q at the deat h of such Reti r ed lenbe r, t h~r:1 ont h ns 1 ents for t he balance of t he term certain 1-1 fll ' he interest rat e last ado pt ed by the Retirement lnd pa id In one sum to the estate of the Retired Memb er. If at the death of t he last surviving Be neficiary followin the death of th e Retired Mem ber, mont hl y installments hav e not y~t been paid for the term certain, the installment s for t he balance of the term certain will b~~~ ~uted at the interest rate last ado pted by the Retirement ~C-~~~~~~~ and aid in one sum to t he estate of the la s t survivin g Be neficia r y . In the event that a Re tire d Membe r 1ho has b een r e- ceivin g oene fit pa ments under t he provisions of I6A.7-2, option (a), die s, t he Beneficiary , ff livin g , shall recefve paymen t of the Re tirement Benefit determined oy such optional form com me ncing on the first da y of the ~on t h followin g th e death of the Re tir ed em be r and conttnutnq durin g the rema1n1n q life time of the Cenefic1ary ter - minatin ry w1t h t he la s t paym ent due rtor to the date of the deat h of the Beneficiary. If, at the death of t he Retired ~em b r, the Bene- ficiar y ts no lon er livin g , no furt her benefit payments wi ll be made. §6A.8-4 Dea t h of a Retired Member De fore Contri b utions Re covered. In the event tnar-it~e termination of Retirement Be nef 't pa ymen ts follo win g the death of a Retired He~be r, the total of s uc h pay men ts made to t he Re tired e be r and his Beneficiary is les s t han t h e amount of t he Accu mulated Contri butions of the Re tired :tem b er at hh Re tire- ment Date, the difference s hall be pa id 1n one sum to t he Beneftc1arv , tf livin q , or to the estate of the last survivor of the Re tired e~be r or h is Beneficiary. i6 A.B-5 De at h of a Vested Mem ber Before Nor~al R•tfreQent Date. In the event tni£11 rGsfed Member d'es prior to h fs No r mal Retirement ate, there shal l be paid to t he Beneficiary desiQnated by h im, ff lhin , otherwise to h h estate, tht nount of h1s Accu11uhted Con- tri butions at tne ti me of h is death. la w th e the ~6A.8-6 Un iform h1ultaneous Outh Act. The provisions of an y of this ~tat e ~rov,d1ng for the d'strfbution of estates under Uniform Simultaneous Death Act, whe n a p 1ica ble, shall qovern dtstri utton of •one y pay a ble under th1s Plan. 16A.9 Severance enefits i 6A .9 -l Co verafe. Benefits s hall be p aid under th1s Section for severance of em p oy~ent of a Memb er onl y for reasons other than reti r eMent or deat h . §GA .9 -2 Less than Ten Years Credited Service. In the event that a MeMb er shall res' n or be d1scharqed from the se rvic e of the Cft y prtor to h is !forma l Retire111ent Date, and hu less than ten (10) vee r s of Credited Service, the onl y benefits to whic h h e sh all b e ntitled und e r this Plan sh all be the refund of h is Accumulated Con- tri butions. f 6A .9-3 Ten or ore Years Credited Ser vic e. In the event that a a~b er sha ll-resTQn-or-be-GfSc har ge d fro m the scr vic of t he City prior t o hi s n or~a l Re tire me nt Date, and ha s ten (1 0 ) or ~ore y ears -9- I • ' • • ~6A .8-3 Dea t h of a Re tired Mem ber. Jn the ev e nt t hat a Retired 1em~e r'WTi'Ohas fleen receivfn'l Re ti r e1:1en t Benefit aym ents under §6A .7-l or §6A .7-2. option (b ). dies before he a s rec eived o a ym ~nt of mont h l y in s tall me nts for the term certain. his Be ne- ficiar y . if livin g , sh all receiv e mon t h l y fn ~tallm e nts of the sal!le amount for t he balance o f s uc h t e rm certain. Tn the e vent t h at no ~e neffciar, fs livin 'l at the dea t h o f s uc h Re tired tt en be r. t he nont hll instAllments for the balance o f t he term certai n ~111 e-~'Ct"i1:~he interest rate la st ado t e d by t he Re tirene nt ~ and paid tn one sum to ,._ t he e5 tate of t he Re tired Memb er. If at the deat h of t he last 5urv1vfn g Be neficiary follo win o t he death of th e Retired Mem be r, mont h l y insta ll ments hav e not yo t been ~aid for the term certain. the install ments for tne balanc e of t he t e r m certain will b e~m ­r.~utad at t h o intere s t rat e la st adopted by t he Retirement Ccv ~ and a1d in one s um to t he es tat e of t he la s t s urvivin g Be neficiary, In t he von t t hat a ~e tir e d Hem ber 1h o has be en r e- ceiving be nefit paymen ts under t he provisions of §6 A.7-2, o ption (a). dies. t he Beneficiary , if livin g . sha ll rec eive payment of t he Re tire~ent Benefit de termine d oy such optional form commencing on the first day o f t he mont h followin g t he death of the Re tired .e be r and continuin g durin g the re ~ain1n g lif e time of t he Beneficiary ter- JinatinJ wit h t h e la s t atm ent due ri o r to t ~e date of the deat h of the Beneficiary . If, at t h e deat h of t h e Re tired ~emb r. the Bene- ficiar y is no lon er livin g , no furt her benefit pa yments will be made, §6A .8-4 Deat h of a Retired Hen ber efo r e Con tri b utions qecovered, In t he ~vent t~t-rhe termination of Reti reMent Benef it pa yments follo win g t he deat h of a Re tired Mem be r, t he total of such payments ade to the Re tired t~e 111b r and h i s Cenef1chry is les s t han the amount of the Accumulated Contri b ution s of the etired !tember at h is Retire- ment Da te. the difference s hall be paid 1n one sum to t he Be neficiarv. 1f 11vfnq, or to the estate of the last su rvivor of the Retired 1er~b er or h is Beneficiary . ~6 .B-5 Dea t h of a Vested Mem ber Before Normal ~e tire Q ent at e . In t h e event tnar-a rDsted Mem ber dies prior to h is No r mal Retirement ate. there sha ll be paid to tho Beneficiary designated by h 1m, if livin g . otheru i s e to n is estate. t he amount of h is Accumulated Con- tri bution s at tne time of h is deat h . la w t he the ~6A .8-6 niform i~ultaneous Deat h Act. The provision of an y of th1s State p rovidin g for t he distribution of states under niforrn Si multaneous Dea t h Act, hen a p lica bl e, s hall ~o vern distr1 ution of mone y paya ble under t h1 s Plan. i6A.9 Se verance Benefits ~5A.9 -l Covera,e. Benefits s hall be aid under thi s ection for severance of emp oyment of a Memb er onl y for reason s other t han retirement or death. §GA.9 -2 Less than Ten Years Credited Se rvic e . In t he e vent that a Mem ber sha ll re\f n or be df s char~ed from the s rvfc e of the C1ty prior to h i s ~ormal R tire~ent Date, and has less than ten (1 0 ) ye ar of Credited Service. the onl y be o fits to hic h h shall be e ntitled under this Plan sh all be t he refund of h is Accumulated Con- tri bution s . i 6A .9 -3 Ten or 1ore Years Credited Se rvice. In the event t hat a r-l em ber sha ll res1gn""""O""rb8'al'ichar ge d from the service of the City prior to h i s ~ormal Re tirement Date. and has ten (1 0) or More years -9- • --- • • of Credited Se rvice. he ma y elect either (a) to leave his Accumulat ed Contributions on d epos it in the Fund and eco~e a Ves t ed Mem ber. or (b ) to r e c e ive. in li e u of all other be n e fit s . a r e fund of h is Ac cu mulated Contributions. If such a Member fai l s to elect ei t he r (a) or (b ) within ninet y da ys after his da t e o f termination f rom the Pl an. then he s hall be deemed to have e l ected to l eave h is Accu mulated Con tri butions on de posit and to beco me a Vested MeM ber. A Vested H e ~~e r sha ll be entitled to a defer r ed Retirement Benefit whic h sha ll b e t he vested ~o rti on (as sh own in the t a ~le b e l o~) of t h e Reti r ement Renefit ea r ned to the date of the termination of hts mem ~e r shf • ~uc h defe rr ed rt e tfrement Benefit sha ll b e pa ya bl e at t h e Ve s ted l e mb e r's Normal Retirement Date. provided. however. t hat t he a m ounth ~! RetireMen t Genef1t sh all b e no l es s t han the benefit wh ic h ~ Accu mulate d Contri bu- tions at h i s No r Ma l Re tirement Da t e wou l d nrovide, Com pl e t ed Yea r s Per cent of Ea rn ed of Credited Se rv ice Benefit Vested 10 5 0% 11 55 12 0 13 65 14 7 0 15 75 16 so 17 85 18 90 19 1)5 20 and over 10 0 A Vested Mem ber ~•Y e lect. at an y time prior to hi s rlormal Re tire me nt Date. to r e ceiv e . in lieu of all ot her llenef tts . a r efu nd of h1s Accumulated Contributions a s of the date of refund, §6A.l0 Administration of the Plan J6A.10-1 Re tirement Goard. There is he re by created 1 board to be kn o1v n as the 1 Retfre~B oard of t h e City of Englewood w. ~h ic h sha ll be com osed of seven ~embe rs. Two such membe rs shall be e~ployecs of t he C1t v who are ~e~b ers of the Plan. who shall be se lected v a vote of all of such members in accordance wit h such procedures as t he City ana~er may . from ti Me to time. ado t there- for. Two s uc h ~embe r s shall e e lect ed membe rs of City Council. wh o shall be se l e cted ~Y a maj orit y of t he nembe r s of City Council. Thr ee me mbe r s s hall be tax pa yin e l ec t o r s of the Cit y of En gl ewood , who shall ~e s e l e ct ed by ~ ~ajorit y of t he em e r s of Cit y Council. In addition. t he Citt anage r. or h is desi qnee. s hall s er ve tn an advisory ca acit y . IS an e ~·officio. non-votin g meMbe r. §6 A.10 -2 Terms of Offi c e. The ter ~s of office of ea c h votin q me mbe r of t he Re tfre ent Boa rd s hall be for four yea r s. ~rovtdin g he continues to possess t he ~ua11fications t he r efor set fort h in 16A.10-l du ri ng his term. provided. ho wev r. t hat t he ter ~s of o ffic e for t ho se memb er s ori q inall lect d s hall commence on 0 camber 1. 196 9 , and s hall b as follo t s: (a) One e plo ye llelll l>er sh all serve until Fe bruar y 1. 1972, and one shall se rv e until Fe bruary 1. 19 74 ; -10- I .. • \ ! I f '!' • • {b ) Both councilmen m e~bers shall serve until Fe bruar y 1, 19 74; and (c) One e lector mem ber 5hall se rvo until Fe bruary 1, 19 74 and t ~o e lector mem bers sh all serve unt11 Feb ruary 1, 19 72. tn the event of an y vacanc y occurrinq in the meMbership of the Re tirement Board, the same sh all be filled, for the duration of t he unex pired term on l y , 1n t he s ame manne r as is provid ed 1n §61\.1 0 -l. §6A .1 0-J Exe rci se of Powe r s. The po we rs and p e~o ~ative s of t he Re tire ment Board mayoe exercised u pon majortty vot e of a 1 uoru m t hereof , which quoru m sh all consist of five (5) votin g me m- bers thereof. 11 s uc h votP.s sha ll be r e c~rded in the .inutes of t he Re tirenent Bo ard and all decision s and determinations thereof, not inconsiste nt wit h the provisions of t h is ordinance, sh all be b1nd1n q and conclusiv e u ~on all inter s ted oarttes. ~61\.1 0 -4 Powe r s of Retirement Board. In addition ta the po11 ers and o b li !)at1ons1m posed u pon Bi'Olfetircment Board, as tru s- tee, by i 6 .11 he reof, the Retireme nt Board sha ll ha ve all powers necessary to su p rvt se t he ad ministration of the Plan, and to con- trol it s o perations in accordance w ft ~ tt s terms, includin g , but not ~y wa y of li mitation, the follo ~1nq: (a) To inter pret the provisions of the Plan and to determine any questions artstn g under the Plan, or in connection with the administra- tion or o peration thereof. (b ) To determin e all ~a tters affectin q the e li q t b111ty of ant E~p loyee to b e or become a Mem ber of t he Plan. (c) To determine t he amount of the Member's con- tri butions to be wit hh eld by the City tn ac- cordance wt t h the Plan and to maintain such records of Accumulated Contri butions as are necessary under said Plan. (d) To determine the Credited ervice of an y Mem- ber and to com pute the amount of Re tire~ent Benefit, or ot he r sum, pa ya bl e under the Plan to an y erson. (e) To authorize and d1rect all d1s b urse ~e nts of R etire~ent enef1ts and ot he r s ums under t he Plan. (f) To emp lo y such counsel and a ents and to o - tafn such clerical, med ical, leal and ac- tuarial services as it may dee ~ necessar y or a pp ro priate in carry ing out the provt s tons of the Plan. (q ) With th e advice of 1ts actuary, to ado pt, from tf Me to t1 me, for 'ur poses of the Plan, su c h mortality and other ta bles as it may deem nec- essary or a pp ro priate for the operation of the Plan. -11-I · • - • • • • (n ) To make valuat~on and a p ra15als of the as:;ets l•i!ld in th Fund unde r t he Plan, and wit h t~e advice of a~ actuar y , to dc- t ~r m 1ne t ~. 11a ~111t1 s of t e Plan. (1) To cr e at e r e serves fro m suc h assets for an y pur ose. §6A .1 0 -5 Oat h of Office. Prtor to enter1n~ unon the o e r - for r•lance of theduttes of a · em~e r of t he n tirene nt 'J oard, each m<n r thereof s hall take and sub~cr1 o e an oa t h t hat he acce t s t h e o 111attons i mp osed u pon h irn b/ t he ~rovisions of this o rdt - n nee nd t hat he sh~ll fa1t hfull v ~e rfor ~ t he duti es of s uch offic e . · ~G A .ll R ct1re~ent Plan Trust Fund §6A .ll-l Appo intme nt of Tru s t e. The Re tirement oard of t he City of Engl e 1~ood, and ITs mem be r s. is h ere by a ot nted and c ons tituted Trustee of the Re tireme nt Plan Funds and s hall ho ld, ma na 9 , and control th e same in accordance wit t h e provi s ions er in below contain ed. ~6A.ll-2 Th e Trust Fund. All Citv and emo lo vee contri bution s and all investments ""UiereoT,to g et he r ·1t h all accumulations, ac- cruals, earnings, and income wit h re spl!ct t hereto, s hall b e he ld by t he Tru s t ee tn trust he reund e r as t he Tru s t Fund for the exclusive bene fit of Mem bers, Re tired Mem~e r s , Vested ~embers and t he1 r Be ne- ficiaries. The Trustee s all not be res ponsi ble, houa vcr, for the collection of an y Cft y or emp lo yee contri bution s. §6 A.ll-3 ~urtites and P o ~ers of Trustee. It ts the pur pose and intent of t e v-in-const1tutfnq and a point1n q the Re tir e- me nt r oard as tru s t ee of the Trust Fund he rein esta lfs hed to ~ive and grant unto said RetireMent Board full and olenar y ow~rs to esta bli s h s uc h investment or purc ha s in g p ro~rams as safd Retirement ~oard ma y d am necessart or a pp ro r1ate to provide a~surance that there sha ll be an ad eq uat e sou rc e for the &J mcnt of all benefits herein rovided for. To t h is end, said Retirement Goard ma y deter- mine to: (a) Usc the Trust Fund for tne ~urc h ase of one or mo r ~~J annuity . or other, fn~urance policies fro m one or , more insurance co~p ani~s authorized to do ~u iness it h in the State of Colorado, wh ere by said insurance co ~ an y a qrees to pa v all, or a ortion, of the bene- fits herein provided for; or (b ) Contract wit h a con1 erc1al ban k , c h artered under either t he sta tut es of the tate of Colorado or th e Un ited Stat es of A~er1ca, and doin q u s ino1 s wit hin t h i s sta te, wit a trust co pan1 orqanized pur uant to t he sta tutes of the State of Colorado and doin g bu siness ~it h ln t h1s s t t., or wi t h a e ber of t he ~e ~ Vorl Stoc k Exchan qe or the Anerfcan Stock Exchanqe, dotn q bus ine ss Mfthin this s tate, to hav e suc h narti s, or one or ore of t e m, invest the funds for and on ~o h alf of the Retfr ~ent Board; or (c) irectlv fnvest the funds and assets he ld by the tireoent Soard tn the Trust Fund; or (d) rs ta Llfs h a •co b1ned " pro ram, partly fund d b y in- surance and partl y funded by invest~ent • -12- I ' - • • • • ~6A.ll-4 Investments. hould it determine to invest t he Trust Fund, either who ll y or oartly, and ei t her directly or by contract with a bank, tru st compan y or stock exchange member, the trustee in its sole discretion, ma y invest and reinvest t he Trust Fund, without distinction be t ween nrinci pal and income, in such common stocks, preferred stocks, bonds, notes, debentures, mort- ga ge s, certificate s , and other secu riti es, investments, real or per so nal [l ro perty of any kind, including nurchase and lease-ba c k tran s action s , interests in oil and other de pletable natural re- sou rc es, investment in mutual funds (o pen-end or otherwise) as it ma y determine, without regard to whe ther such investments may p ro- duce curr en t income or wh ether such inve s t ment is an authorized o~ appropriate investm e nt for trustees under the la ws a pp lica ble th e r e to, orovided, howe ver, that, shou ld the trustee determine to mak e inv es t men ts directly, wit hout an investment management con- tract with a ban k , trust com pan y , or s tock e xchan ge member, t h~n. and in that e vent only, the follo win g li mitations shall a pp l y : (a) The a gg re ga te of monies invested in cor porate stock of all kinds , to gether wit h t he monies invested in corporate bo nd s converti ble to cor porate sto c k, shall not exceed t hirty pe r cent {3 0%) of t he book value of the assets of t he Trust Fund be in g directly invested; and {b ) No investment in the stock, or c on v e rti b le bonds, of any singl~ corp~ration, shall exceed five per cent (5%) of t he bo ok value of the assets of t he Trust Fund beinq directl y invested, and (c) At no ti me shall the Truste e ho ld mo r e than seven pe r cent (7 %) of t he outstanding stocks or bonds of any corporation. §6A.ll-5 Trustee's Powe r s . Subje ct to t he p rovi sions of§§ 6A .ll-3 and 6A.II-4 1n 1ts investme nt and ad ministration of the Trust Fund, the Trustee is aut horized and empowered with res pect to a ny sec uriti es or ot ner pro perty he ld in the Trust Fund: (a) To sell, exchane , conve y , transfer, lease for any period, pled ge , mo rt gage , gr ant options, contract with res pect to or otherwise encumber or dis pose thereof at pub lic or private sa l e for cas h or upon credit or oa rtl y for both, and no pe rson dealing with t he Trustee sh all be bound to see to the application of the pur- chase money or to inquire into the validity , expediency or pro priet y of an y such sale or ot he r dis pos ition· (b ) To sue, defend, compromise, arbitrate, co mpound and/or se ttle an y de bt, obli gation o r claim due to or from it as Tru stee or any other suit or le qa l proceeding involvin g the Trust, and to reduce the rate of interest on, to extend or otherwise modify, or to foreclose upon default or other wi se enforce any such de bt, obli- g ation or claim: (c) To g iv e ge ne ral or snecific proxi es or powers of at- torney with or with out powe r of s u bs titution ; (d) To vot e in person or by p rox y on an y stocks, bonds, or other securities for the conversion thereof into othe r stocks, bonds, or securities, or to de posit t hem in an y voting trust or with any protective or like committee, or with a trustee or depositaries designated there by , -13- • ' \ ! ! I 0 - • or t o x •rc1 <;P. nf r iqh t s to su ~s cr1 Jo fo r add i - ti o nal stoc~s . bonds, or o t h e r s cur1t 1es an d t o ma ke an an d 11 necessar y r a ymen t s th e re fo r e , and t o jo i n nd p~rt1 c1 ~ate in, o r t o dfss nt f r o and o ~p ose, a"y r or~ani z at1on , r ca pita l i zation, con - solidation, li ;u ida tfon, sc1 l e o r Mer!)er of cor po ra - ti ons or orope rtles in wh ic h it may be inte r es ted as Tru stee, u1on s ue t e r ms a nd condition s as ft ma y dee111 ·,.,fs ; (e ) To r egiste r an; se curiti es o r ot ne r ;r o rt ' 1n it s own name or in t he name of its nomine, w1tn o r with- out t he Jddi t1 on of Hord s indicatin 'l tut su c ~1 se cur i- ti es ar e he ld i n a fid uc iary ca 1 acit y, o r t o ho ld an y se curiti s in bea r er fo r m, out t he ooo ks and r e cords of t ile Trust e(! sna ll at all ti nes ~h o "' that a ll s uc h inv estmen t s ar e ~art of the Trust F und ~ (f) To r e t ai n , Ma n c, o~e rat e , r eo afr, ~~~rov , artf t ion , dedicate or othe r wise dea l •ith an y real es t at he l d by 1t ; (n ) To r e t ain uninve s ted such c a s h as 1t ma y deem ne c essa r y, \•it hou t o b lf atfon to ""~4Y inte r es t t he r eon; (11 ) In tJe neral, to xe rc i se 11 rowe r s in t he Ma nanernent of t he Tru s t Fund w ht c ~ an y in divid ual c ou l d e xerci se i n t he m ana ~eme nt of pro pe rt y o ~ned in h is ou n rt ght . ~6 A .ll-6 D f s tr i ~ution s . The Tru ~t ees sha ll oa or di tri but e a ll Pl an Benef its from t he Trust Fund in s uc h form, in s uc h amounts. at s uc n ti Aes a nd t o s uc h ray eas as ma y ~e aut horized un der t he Pla n. ;o ri gn t o r cl afq in or t o t he Trust Fund or an y part ther~of or t n- t r es t t he r e in is assf qna bl e o r su bj ~ct to g arni shme nt. att a c hme nt, .xecut 1o n o r l e vy o f an y ki nd , and an y atte np t t o tra nsfe r, a ss i gn, o r pl edge sama sha ll not be r co qn ized bt t he Trust ee . \6 .11-7 Ex pe nses. The Trust ee ma y cp l o y s uita bl e age nt s and couns e l. The e xoe ns s i n curred by t he Tru s t a ln t e erformanc of i t s duti es he r e u nde r and a ll nro re r c h a~~os and df s ~urs me nt s of t h e Tru s t ee, 1ncludfn all tax es lawfull y as 1essed u ,o n o r in r esp ect of t e Tru s t Fund or i t s Inco me. sha ll o c :ar ned and a id v the Trustee fro m t he Fund. i 6A.ll-8 Com o cn~ation. Uo me Mb er o f t Re tir emen t Bo ard, as Tru s te e. sh all r e c e ive co mpe nsat io n for ~f s se rvice s a s s uc h but sh all be entitled to be r eim ur sed for an ( ex pe nses inc urr ed bv h i m on beha lf of t e Tru s t Fund to t he exten t t hat su c h e x· enses ar not paid by t he Cit y of En l o ood . §6A .ll-9 Re cords. The Tru s tee s hall sec t hat accurate and d e - tail ed account s o a investnen t s, r c e f o t and d i sb ur s nen t s and o tt1e r transactions e r eu nd e r ar k r>t. 11 acco unts, ~oo ks and r e c- o r ds r e l ating the r e t o sn all be op n t o i n sJe ctf on by a n; pe r s o n destonated by t he City o f nq l e1 ood at a ll r e sona b le ti ~ • T~e Tru~te shA ll maintain ~uc h r co r ds, make s ue c oM~utatf ons and oe r- form s uc h mini s terial acts a s t Ci t y f cnnle ood fro ti"e t o ti me re u" t. §6A .ll-l 0 On or f o r t he 1 st da y of Aunu s t and t n t l s t d y of Fe~ruar v o ac vear, t he Trust ee sh all fi l e a r po rt 1th t e City of Eng l e~ood i n su c h for n a s t he Cit y of Ennle wood ~•Y r e uest. Th is re po rt sha ll show all ourc hu s , sales, rec e i p t s, dis- bur sa unt s and o t e r trans ctions e ff e cted y t e Trust ee durin ~ the -14- • .· \ I -r ---- I ' • • s ix-mont h e riod fo r ~dd c h t lt c r port is filed. It sh all con- tain an exact descri ption, the co s t as s ho ·m on t he Tru s te e 's 1ooks and the ma r ke t value as of t he end of suc h period of every tt m t hen h eld in t he Trust r und. The Tru s t ee shal l be fo r e ve r r e li e v e d fron a ll 11 a o1 1ity t o t he Citt of Enq l ~w ood, t he Fund, and an y Pa rtici pan t or Benaficiary ~t t h r es n ct to t he pro ortet y of an y of its acts or transactions sh o ~n in s uc n r eport unles s wi t in ninet y (90 ) da ys af t er the r c c e i n t of s uc h r u1o rt t he tty o (nq le too ai ve s t he Tru s te e 1~ritten notic e of its o ' jection or ~b1ec tions to a ny ma t ter se t fo r t h t her ein . ~o11 .11 -11. Tru stee 's Lia b i~. The Trustee :;:la ll not !Je 1i .:>1 • e 1the r a s a God y o r ind1'"Vf(f~Ja 11 ;, for t he r.1akino , r e t en - ti on , or sa le of anv investma nt o r r e inv estm nt wade .:>v it or ori9lna ll y r ec t v d y it a he r ein n rovid ~d nor fo r an v e x pa nse or lia b ilitJ hercund .r, no r for anv lo $S to or dtninution of the Tru s t fu nd unl ess du to or arisinq fro1 its o•t n <J ro ss ne•J 11 '1e nc e , misconduct, dishonesty or l ack of qood fait h . Th e Trustee ~a y con- s ult with coun se l and sha ll be fu ll v J rotect d in actin q u pon t he advid e of coun se l. tln l.ss otl)erldse a dvi sed , t he Tru s tee ma y assum e t hat t he r l an at all tf nes qualifi es un der Saction 40 l(a) and that t he Tru s t he r eby es t~b l is he d i s at all tf~a s tax-e xe ~p t und r S c- tion 50 l(a) of t he Inte rnal Re venu ~ Code, as a ~e nded, or ~ucccs so r provi sions . The Tr~s t ec sh all hav no r es ponsi bility for t e accuracy of an y information furni shed tt ~Y t he City of ng l cwood . §GA .ll-1 2 Re~o val of Trustee. N ot~in 1 e r e in ~h all b_ con- s tru e d to pro hibit City Co-unClTOf t he Cit y of Enf)le,;ood fro m r e - mo vin g the ~e tir ement Ooard of the Cit/ of En 9le ood as Trust e of t he Re tirement Fund by ap ~ro p r1at e aMend me nt to this o rdinanc e . U?on r ~oval of t he Tru stee , the Cit v Council sh all a pp oint a s ucc e s sor trus te e or insurance co Rp an y , Uoo n deliver y by th e removed Trustee to its successor trust ee o r insurance co~p an y of all ro po rty of t he fund, les s s uc h reasona ble amount as it sha ll deem necessar y to rovide for 1ts ex ne nse s , and an v taxes or ad- vance s c harqea Ll e or pa ya bl e out of the Fund, the s ucces so r trust ee or insuranc e co mp an y sha ll ther eu~on h ave t h e nouers and duties as are conf rr d u on it by a trust a g ree ent or q rou p annuity contract, ~o succe or tru stee o r insurance co rnp an1 s all hav e an y o li gation or li abili t y wit h r esoe ct to the act s or omission of Its ore de c esso rs. §6A.ll-13 Am endment or Termination. In the event of t he termi- nation of the Plan as provfihcrrn-the J rdinance. the Trushe shall dis pose of t h e rund In accordance w tt~J the terms of the Plan. At no ti me s hall an v ry art of t he cor us or income of t he Fund be us od for or diverted to nu r ose~ ot er t han for the exclusive benefit of 1e m- be r s. n tired He r>1 b r s , Vested .le be r s , or beneficiaries under the Plan . §6 A.ll -14 ot h in g contatned in t~e Plan, ett he r e x 11 ress yor IJy 1 plication, s hall t>e dee r ed to 1m- '0Se an y powers, dutl s o r r es on~t ~iltti es on t he Tru s te e ot~e r t h an t hose et fort h in t h f s o rdi ance. §G A.ll-1 5 Judl)t nt s fndina. 11 ce sar1 partt s to an y account- in(\, 11tf f!&tton. o r ot her proc ee 1n qs sh all tnclude onl y the Tru s tee and t he Cf t v Council , an d t he set tl Me nt or j ud grnent in an v s uc h c ase in wh ic h the City ts dul y se rved or cited sha ll be bindin q u pon all ~emue r s , R~tlr ed mue r s , V sted 1e~be rs. or Ceneficiartes under the Pla n, and u pon all ~•rsons clai min g oy . throu g or under the m. -15- . '· \ I ,. , - • • • • §6A.lZ Retir!me nt ~eneffts and Riq t s I na li ena bl e §6 .12-1 Inali ena o 111 t_L . :-1 t!.;,ll ers, etf red ~em:..e rs, Ves t ed el"be rs and t~Je r ene carTes und e r t he Plan are h ere oy re- strained from se111n q , transferrin q , antici o a tfn ~. assf qnfn q , nyu o t hecatin g , or ot e r 4fse d fs r o s fn g of t ~e ir Ret ir e men t ene- ffts, pros ?ecti vc Retirement Benefits, or an y other ri gh ts o r interests under t he Plan, and an y atte ~p t to antfcf pate, ass1 1 n, pl edne, or oth r is dfs pose of the sa me s nall be void. Said e- tirem cnt Oeneffts, pros pective Retirene nt Benefits, and ri qh t s and interests of s aid "'e bc:rs, Rcti red .l er:t bers, Ves te d M ~mhe rs or Uenefic1a r 1es s hall not at an y ti1 e ue su b ject t o t he clai ms of cr edi tors or 11a b iliti s or to rt s of safd Hem ,ors , l\e t1red !e m- bu rs, Vested Me ML ers o r ~c n¥fi ci ari s , no r be lia bl e to attac h - ment, execution, or ot he r l eoa l r rocess. §u A.12-2 an 'ru p tcy . If an y :Iemi-e r, Reti r ed ll e mhe r, Vested :!embe r or &enefic1ar1es shall e co me bankrupt or atter1o t to anti- ci pa t e, assf~n or p l ed~~ an y be n~ffts under the Plan, t hen su c h J eneffts sha ll, in the disc r t•tfon of t he Ret irement eoard cease, and in t hat e vent t h e Pe tir ment Board s hall have aut ho rit y to cau sr:: t he sar1e , or an y part ti;ereof, to be he l d or a11n l fed to or for the be n fit of suc h 1enb r, is sro use, is c h ildr n, or ot he r dependents, or an v of the,, in su c h manner and in sucn r•ro,ort ions as the R etfre~ent C e n a v dee m pro cr. 'd .! ~6 A .13 1odiffcation or Te r Mination of Plan §6A .l3-l Con tinu ation of Plan . It is th e ex pectation of tne Cit y t ha t it "1 111 continue tliTs f' an a nd t he oaymeot of it s con- tr i ution s h r under indefinitel v , but continuance of the Plan i s not assu me d a s a contractual o ~lination of t e Citv. §61 .13-2 j)o c r t o A1 ~.:nd or Terminate Plan. Th e City r e- e rv es the ri g'l ~ ITer, ameiid, or terr.dnate t n Plan or an y jl art t n ercof in su c h nann r as it rna y deter~fne, and s uc h alteration, a~endment or ter fnation sha ll ta ~e effect u pon notice th e reof the City to t he Trustee; nrovid d t hat no suc h alt e ration o r ar1.nd- r1ent s l,all provide t1At t h e (e tfre ent H nefit p11yab le to an y Re - tired 11cmb cr S'lll ll !l e l ess tllan that provided by h is Accu r:Jula t d Contributions or a ffect t he ri']ht of an y ''oe b r to receiv e a re fu nd of h is Ac cu mulat2d Cont ri ~utfons and rovfd ed further that no alter- ation or termi nation of t e Phn o r an v o11rt thereof sh11 1l , e r 'llf t an y r art of the Fund to r eve rt to or to be reco ve r11 ble by t 1e C1 t y or b used for or divert d to pur noses otner t han t he ex clusiv e one- fits of ~{era he r , .{etir d I 111b ers, Vested 'iem:>e rs o r ne n ffcfaries undur t ~e Pla , ex c r sue funds, 1f an y , as nav re ein at t r mina - tion of the Fund after sa ti sfa ction of all lia o1 1ftics ~it ~ r s pect to ll em.;ers, Retf r d 'le . be r s , Yes ted '!embe rs and 3enef1ctart ~ under t he Plan and ar e due s olel y to erroneous actuarial calculati~ns. 61\.13-3 ~roval Under the Internal 1 -.v nue Code. Tn Plan fs int•nded to co n ., li~erc'l u1rll rnts of' the a;r;T'ica b l o ll r ·::vi- s ton of" 'i cti on 40 l(a) of t he Int rnal Re venu Cod as no in ff ct or hereafter amended, and any modification or amendment of t ne Plan ~ay ad~ r troactiv e , as noc ssa r y or a rp ro J rfata, to es ta ~li sh nd m ~int in su e ~ co~n 11anc • . ot it h ~tandfn an y ot her orovfsfon hereof, if tn Internal venu 'ie rvic fail to ')rant fn ·lthl ua11ffc t1on of t h is r lan und r t he provisions of Se ction 4 1(a) oft • Internal venue Code, t he Truste sha ll retwru all contri "tions, t oqet1 r ~it t he o ro rata shar of 1nco~ • les s ex pe nses, to t h ~b ers who hav contri but ed t h! sa e, and to t he Citv. T ~er u?on, thi s Plan s hell ter tnat • -1 6- • ----- I l '! ' • • §6A.13-4 Di s continuance of City Contri butions. The Cit y re serve s t 1e ri ght at an y t1 ~e-an~r an1 reason satisfactory to it to discontinue pe r ~anentl y all c on tri butions by t he Ci t y und e r t h i s Plan. Suc h discontinuanc e sha ll be dee med to be a com pl ete t ermination of t he Plan. 16A.13-5 ~11ocat1on of Fund Asse ts ugon Ter mination. In the event of t h e com p l e t e termlrrli!tton o f t e Plan, a ll assets of the Tr u st Fund sha ll ue convert ed to cas h and allocat ed to Mom- !i ero;, Re tired :·leml>e r s , Vested 'le n>b er'i and Benef ic iaries on the fo ll ow1n q basi s: (a) An anount Clual to tne Accu mulated Contri butions or balance t he r eo f, wh ic h would ~e u a y a ~le to t ne ~eMbe rs, Re tired 4 mbe rs, V sted ~cm b r s or B ne- fic1ar y shou l d death occur on the date of t he tern ination of t he Pl an. (o) n amount of th e r ~maining as se ts qual to a pro rat a po rti on deter mi ned on t he basis of tne ratio that t he actuarial r eserve for h is accru ed ene- fits minus t he amount in (a) abo ve cr ed it d to ~i bea r s to t he total of s uc h actuarial r se rv es 1nus t he total i n (a). §6 A.l3w 6 Distri bution of Fund Assets Upo n T r ~inat lon. h en the assets of the Trus"t1"Uri'dhaveoeen allo cated s indicated a bov • t he distri buti on me; ~e made in t he form of ca sh o r non-transfer a l e annuit y contract a s determined by t he Re tirement Board, rovided t ha t an y funds remainin aft e r t he s ati s faction of all 11a bilit1e to ~\em e r s , c tired 'lem 'e r s , Vested ~~emt>crs and B nef1ciar1es und er t he Plan and due so l e l 1 to erron~ou< actuarial calculations ~av ~e 1ithdra wn by t he Re tire me nt oard fro m t he Trust Fund f r th account of the City . ~6A .14 1iscellancou s Provision s 16A .l4-l Advisement of Te r ms and Conditions of Plan. tach 1embur ha ll be -adVised or-rho ~e n eraf provision s or ~lan and u pon \l ritten r eq ue s t addressed to t he Re tirement eoard s hall .e fur- nished with an v lnfor .ation re11 uest ed r e']ardin n r1 h s tatus, ri ,hts and privlle Qes under the Plan. 1 6A .l4-2 L1 ~1tation of Lia b ility . No Membe r shall nave an y ri gh t to etirernent Benefits under the Plan, exce pt such ri gh ts, 1f an y , as ma y accrue to him u pon h i s r e tire me nt from t he service of the City under t he nrovisions of t he Plan wh ile 1t is in effect . All s uc h be nefits are pay a b l e solel y out of the Trust Fund and in no e ven t sha ll t h e C1t v , the Truste e, or t he Re tire me nt Bo ard ~e~bers be lia ble t he r ef or. §6A.l4 -3 Ef fect of Plan. r eit he r t he esta b lis me nt of the r l an, t h 'l r an tln ~ of a-et1rcnent enc f1t nor an y action of t he itJ or t he Re tlrenent Goard sha ll be he ld or construed to confer u pon any pe r son any ri ~h t to e continued as an Emp lo yee, nor, u pon d1sm1s a l , to an y rt 'lh t o r tnt rest in t he Trust Fund ot he r t han as e r ein o r ovided. §6A .l4-4 Ois clai e r of Lta htlitv. either th e esta bli shment of t h i s la n, nor an y a menomen t or modification th e reof. nor failur of the City to provide ~ufftc1 en t contri butions to the same sha ll be constru d a s 1vin q to anv M e~b r, or other pe rson, an y le ~al or equi ta b l e ri 'lh t a~ainst t he City , or an y officer or director t er of, or aqainst t he Re tir e~ nt Board, or an y m mb r thereof. -17- ---- I f - • • I 6A .l 5 Be nefi t Limitations on Ea rl v Te r mina tion §6A.l5-1 Te~por ar y Ltmttat1ons on 8eneftts. A. Notwiths t anding a n; other provision of this Plan (exce pt ~§6A.1 5-1 C and 6 .15-1 0, if (i) thfs Pl n is t ermin at ed ith fn t en years after t he Effective Date of the Plan, or (i1) t he benefi ts of any of t he Me bers de- scribed in i6A.1S-1 F become paya ble wft h in t en ye ars after the Ef fectiv e ua te of the Plan, or (iii) t he benef its of any of the Membe r s de- sc ri bed in 16A .15-1 F ~ec o me pay a bl e af t er thfs Plan has bee n in effect fo r ten yea r s and at t he tfme su c h benefits ~e co rne pay a bl e t he f ull curre nt costs of t he Pla n for the first t en yea r s have not be en me t, no be nefits nrovid ed by the City 's co ntri - bution sha ll be pai d to an1 Mer.be r descri bed fn §6A.15-l F tn exces s of t he be nef its which can he rovtd ed b an amount e q ual to the lar e r of t he follo wfnq a~ounts: (i) $2 0 ,000 .00; o r (i i) an amount en ual to 20 er cent of t he first $50,00~. n of t he M e~be r's averaqe annual co pe nsation durin ~ t he pr e cedin g five ye lrs multiplied by the nu mbe r of y ears ~etween t he Effectiv e Da t e ef t he Plan and (1) the date t hat t he Plan te r mina t es or (2) if ue nefits be co •e pa ya b l e to a Me~be r d es cri b~d fn I6A.l5-1 F within ten ye ars aft er t he Effective Date of t he Plan, t he date t he ve nefit s of s uch Mem be r first be come raylb le (ff be fore the date of termination of this Plan) or (3) if be neffts be come payable to a Me•be r descri be d fn l6A.15-1 F after t he Plan has been in effect for ten years and ff the full current costs of the Plan for the ftrst ten y ears have not be en me t or if the full current costs have not been me t on the date s referred to fn (1) or (2) a bove, the date of the faflure to mee t the full current cost s . -18- Th1s lf mttat1on shall cea se to be effec tfve at such ti me , at or fter t he ex iratfon of t en yea r s fro~ th e Effectf ve D1te of this Plan, as the full current co sts of the Plan have ff r s t uu n t~~e t. . ' I · • ·' \ ! . '! - • • 0 B. Jf a ~e ~be r d es cr1 o ed 1n ~GA .l S-1 F l e aves t he em p lo y of the City o r wit hdra ws fro m mem be r - Sli t ~ 1n t h1s Plan, t he oe nef1 t s wh ic h h e n a y r e- c e ive sh all not at an y t1 me , wit h i n t he first t en y ears aft e r t he Eff e ctiv e Date of t h is Plan, ex- ce ed t he ~e nefits set fort h 1n !6A .l 5-1 A. If, at t he .nd of ten yea r s after the Effe ctive Uate of this Pla n the full curren t c osts of t he first t en ye c1r s hav not :.~een me t, t he be nef it s s uc h Hemhe r may r e c ei ve sh all not ex c e ed t he benefi t s se t fort h 1n ~6A .1 S-l A unti l the first ti me t hat t he f ull curr nt costs of this Plan have ~ee n ~et. C. The l imitation s contained in §6A .l5 -l A sh all not r es trict t he fu ll pa yme nt of an y benefits to a Be ne ficiar y on be half of a Memb er who d1 es after r e tir emen t and wh il e t h i s Plan i s in full ffect and it s full c urr ent costs have bee n me t . U. The li mitations contain ed in §6A .1 5-1 A s hall not r es trict t he curre nt payment of full Re tireme nt Benef it s call ed fo r by t hi s Plan for an y Re tired :!e mbe r 11tlile t hi s Plan 1 s in fu ll effect and 1ts full curr ent co s t s hav a ~ee n met. E. In t he event of t r mina tio n of the Pla n while the li mi tation s co n tained in 16 A.l5-l A are in effe ct, t hat ort1on of the as s ets of t he Fund, w1t h re- s pect to t hose e~be r s descri bed 1n §6A .l 5-l F, wh ic h is in excess of t h e amounts s oe cifi e d tn §6A.l 5-l A will be a op ortioned to the othe r ~eru ­ be r s, 1nclud1n'l Re tired flembe r s , 1n accordance 1t h the nrovi s1o ns contain ed in §GA .l3-5 he r eof . F . The M em b ~r s referre d to in §6A .1 5-1 A and §6A .l5-1 sh all be onl y thos e of t he 25 h 1qh est ~aid Em- p lo yees determined a s of Januarv 1, 1?7 0 , wn ether o r not tn1t1all v e li g i ble for Me mb e rs h i p , whos e mont hl y Re tire me nt Benefit u pon ~or M al Reti reme nt Da t e would exceed $125.00 ." Introduc ed, read 1n full and passed on first readin g on t he .;-.,Jua ' da y of ~'Jn,!.t." , 1969 . Pu b li shed as a Bill for an Ordinanc e on t he :?QIZ _da y of "~~~~~~;--· 1 969 . Read by title and puaed on final readin& on the L::iCLJ day of '¥-d(L V: /?Ji, , • 1969. Publ~ahed by title?~~nce No •. -3:/ . Serle• of 1969, on the , .5.7'".7? day of '-~~ , 1969. /y' Mayor 1! Stephen A. Lyon. do hereby certify that the abon and fore- goiq • a true • accurate and CC*plete copy of an ordinance pa .. ed on final readina and publiahed by title u Ordlnance No. Seriea of 1969. • Atteat : -l'J- I f • • SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, State of Colorado, met in special session Monday, August 25, 1969, at 8:28 P.M. Clerk: The following "Notice of Call" was read by the City NOTICE OF CALL BY THE MAYOR FOR SPECIAL SESSION OF THE CITY COUNCIL MONDAY, AUGUST 25, 1969 --7:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting in the City Hall, 3400 South Elati Street, for the purpose of considering and taking action as deemed necessary for matters relating to water utilities, including contracts regarding the Denver City Ditch and/or Englewood's West Slope development. STANLEY H. DIAL City Manager SHD/ij ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colorado, do hereby acknowledge receipt of Notice of the above special session: /s/ John J. Lay /s/ Elmer E. Schwab /s/ Howard R. Brown /s/ Louis Parkinson /s/ John Kreiling /s/ Dallas Dhority Notice was given to the following Councilman who was not in attendance: Councilman Lone Mayor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present: Schwab. Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Absent: Councilman Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. I • • • • City Council received the Englewood Water and Sewer Board minutes of August 19, 1969 with five recommendations attached. Mr. Charles Carroll, Director of Utilities, appeared before City Council in regard to the recommendation that additional land be included within the Southgate Sanitation District. Mr. Carroll briefly described the boundaries of the District. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT ADDITIONAL LAND BE INCLUDED WITHIN THE SOUTHGATE SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling , Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. Mr. Charles Carroll, Director of Utilities, reappeared before City Council and discussed the recommended proposed Connector's Agreement with the Greenbelt Sanitation District. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD CONCERNING THE PROPOSED CONNECTOR'S AGREEMENT WITH THE GREENBELT SANITATION DISTRICT BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. City Council discussed the modification of the Water Exchange Agreement recommended by the Water and Sewer Board. Mr. M. 0. Shivers, Jr., attorney for the Water and S e wer Board, appeared before City Council and explained that the March 17, 1964 Denver Water Exchange Agreement which enabled the City of Englewood to exchange water in its West Slope Water Development Project with water in the South Platte owned by the City of Denver was recommended for amendment whereby the Henderson Division of American Metal Climax, Inc. would be provided water to their Williams River mill. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD REGARDING THE MODIFICATION OF THE WATER EXCHANGE AGREEMENT BE ACCEPTED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: -2- I ! '! I • • • • • Ayes: Counc ilmen Parkinson, Lay, Kreiling, Dhority , Brown, Schwab. Nays : None. Absent: Councilman Lone . The Mayor declared the motion c a rried . City Council discussed the proposed agreement between the City of Englewood and Americ an Metal Climax, In c. whereby America n Met al Climax, Inc . would obtain water from the We st Slope Wat er Development Project from the City of Englewood b y sharing in 55 per cent of the development c osts an d 55 per cent o f th e ope ration and maintenance of the wa ter developmen t s ystem . City Ma nager Dial stated that the wording in the rec om- mendation and Board minutes should b e corrected to read as follows: That the Mayor and City Clerk be authorized to execute the contract between the City and American Met al Climax , I nc., pr oviding for payment of part of the c osts of West Slope water development and thus permitting Americ an Metal Climax, Inc. to utilize wa ter fro m the Englewood West Slope rights . COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD CONCERNING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AMERICAN METAL CLIMAX, INC. BE ACCEPTED AND THAT THE MAYOR AND CITY CLE RK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS . Upon the ca ll o f the r oll, the vote resulted as follows: Ayes : Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Ma y or dec lared the motion c arri ed . City Council dis c ussed the proposed agreeme n t between the City of Englewood and the De nver Board o f Water Commissioners whereby the De nver City Ditch from its headgate to Harvard Gulch would b ecome the property of the City of Englewood. Mr. M. 0. Shivers, Jr., attorney for the Water and Sewer Board , appeared b ef ore City Council and stated th at the agreement was contingent upon the City and County of Denver approving the dumping of storm water from the City Ditch into Harvard Gulch. COUNCILMAN KREILING MO VED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT THE CITY OF ENGLEWOOD SIGN AN AGREEMENT TAKING TITLE TO THE CITY DITCH FROM ITS HEADGATE TO HARVA RD GULCH WITH THE CONTINGENCY BE ACCEPTED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DO CUMENTS. Upon the c all of the roll, the vote resulted as follows : -3-I 0 ' - • Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilman Lone . The Mayor declared the motion carried . COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MEETING BE ADJOURNED . Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone . The Mayor declared the motion c arried and the meeting adjourned at 9:05t P .M. I • • • • ----------.--------------------------------------------------------~c---~ COUNCIL CHAMBERS CITY 0 F F I C I A L C OU , '1L D O CU MEN r r ...,.: T SE l 1 'f. g CITY OF ENGLEWOOD, COLORADO CO U NCIL 1\lL, SEPTEMBER 2, 1969 CJT'x: OF E N GLE -1 ,c., FI LE 000, COLO . REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 2, 1969 at 8:00 P.M. Mayor Schwab , presidi ng , c alled the meeti ng to order. The invocation was given by Major J. Sexton Johanson of the Salvation Army, Englewood Temple Corps. Pledge of Allegian ce was led by Boy Scout Troop No. 333. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following citizens from the list of "Speci al Citizen Program Invitees": Mr. Robert A. Hewitt, 4510 South Grant Street. Street . Mr. and Mrs. John F. Poole and Gary, 4961 South Kalamath * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED 1970 BUDGET BE OPENED. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. • I • • • • Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing open at 8:15 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) The following individuals appear ed before City Council in regard to the public hearing: Mr. Stanley H. Dial, City Manag er. Mrs. C. w. Henning, 3074 East Cornell. Mr. John F . Poole, 4961 South Kalamath Street. Mr. Pete Peterson, manager of the Englewood Chamber of Commerce, 180 West Girard Avenue. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSED . Upon the call of the roll, the vote resulted as follows : Ayes : Councilmen Parkinson, Lone, Lay, Kreiling, Dh ority, Brown, Schwab. Nays : None . Absent: None. The Mayor declared the motion carried and the public hearing closed at 8 :5 2 P .M. * * * * * * A memorandum with attachments from John F. Murphy , Personnel Director, regarding 1970 employee benefits was re- ceived for the record . RESOLUTION NO. 29, SERIES OF 1969 A RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS FOR 1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO . 29, SERIES OF 1969 BE ADOPTED AND APPROVED . Discussion ensued . COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO . 29, SERIES OF 1969 BE AMENDED BY STRIKING THE PHRASE, "DOES HEREBY APPROVE AND ACCEPT THE RECOMMENDATION OF THE BOARD OF CAREER SERVICE COMMISSIONERS TO PAY TO ALL RETIRING EMPLOYEES ONE-HALF DAY'S PAY FOR EACH DAY OF SICK LEAVE ACCUMULATED BY SUCH EMPLOYEE OVER NINETY DAYS," FROM THE FIFTH PARAGRAPH OF THE RESOLUTION. Upon the call of the roll, the vote resulted as follows : Ayes : Councilmen Parkinson, Lay , Kreili ng, Dhority, Brown, Schwab. Nays: Councilman Lone. Abs e nt: Non e. -2- I • • • I f • The Mayor declared the motion c arried. Upon the call of the roll on the original motion as amended, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion c arri ed . (Note: The amended Resolution is copied in full in the official Resolution Book.) It was the consensus of Council that more information be obtained concerning the Board of Career Service Commissioners' recommendation that all retiring employees receive one-half day's pay for each day of sick leave a ccumul at ed over ninety days. ****** A memorandum from Direc tor of Public Works Waggoner with attachments regarding cost estima tes for various traffic pattern alternatives was received for the record . City Manager Dial presented a synopsis of the recom- mendation regarding cost estimates of various traffic pattern alternatives. Mr. Jim Hammond, Traffic Engineer, and Mr . Kells Waggoner, Director of Public Works, appeared before City Council and discussed various aspects of the estimates. It was the consensus of Council that the study be deferred for further consideration. * * * * * * A memorandum from Douglas C. Sovern, Fire Chief, regarding inspection of the aerial apparatus while under con- struction in St. Joseph, Missouri was received for the record. * * * * * * A memorandum from Donnell R. Stanton, Englewood Police Department Public Relations Officer, regarding the Community Police Relations Institute at the University of Southern California, June 8 to 13, 1969, was received for the record. ****** A recap of the May 28, 1969, meeting of the South Platte Channel Improvement Committe e was received for the record . Director of Public Works Waggoner appeared before City Council in regard to the report on the South Platte Channel Improvement Committee meeting on May 28, 1969. Mr. Waggoner stated that it was his understanding that the Improve- ment Committee wished that the City of Englewood would partici- pate in at least 50 per cent of right-of-way acquisition in that part of the South Platte channel to be widened that runs through the City of Englewood . * * * * * * -3- .. \ ! '! I • ' • • • The minut e s of the Parks and Rec reation Commission meeting of August 13, 1969 were received for the record. * * * * * * The minut es of the Board of Adjustment and Appeals meeting of Au gust 13, 1969 were received for the record. * * * * * * The minutes of the Board of Career Service Commis- sioners meeting of August 28 , 1969 with a memor andum regarding 1970 salary and fringe benefit recommendations attached were received for the record. * * * * * * BY AUTHORITY ORDI NANCE NO . 29, SERIES OF 1969 AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COL ORADO, PRESENTLY KNOWN AS "SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS AVENUE TO THE POI NT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY KNOWN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET", EFFECTIVE 12:01 A.M. ON THE FIRST DAY OF JANUARY , 1971 . (Co ~ied in full in the official Ordinance Book.) COUNCILMAN LONE MO VE D, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 29, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the c all of the roll, the vote resu l ted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, S chwab. Nays: None. Absent: None. The Mayor declared the motion c arri ed . * * * * * * BY AUTHORITY ORDINANCE NO . 30 , SERIES OF 1969 AN ORDINANCE AUTHORIZING AND RATIFYING THE EXECUTION BY THE MAYOR AND CITY CLERK OF THE CITY OF ENGLEWOOD OF AN AGREEMENT WITH HERMAN OLINER, BESS OLINE R AND ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORE- SAID INDIVIDUALS CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD FOR A PERIOD OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OPTION TO PURCHASE SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS THEREIN CONTAINED . (Copi ed in full in the official Ordinance Book.) -4- •' I ! 'f I • • ' • • • COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO . 30, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone , Lay, Kreiling, Dhority, Brown , Schwab. Nays: None. Absent: None. The Ma y or declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO . 3 1, SERIES OF 1969 AN ORDINANCE APPROVING AND RATIFYING THE PERFORMANCE BY GUILDNER WATER AND SEWER COMPANY, BY DANA KEPNER AND BY WINSLOW CONSTRUCTION COMPANY OF CERTAIN PUBLIC WORK WITHOUT THE RECEIPT OF COMPETITIVE BIDS THEREFOR AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUMS OF $935.00 TO GUILDNER WATER AND SEWER COMPANY, $640.05 TO DANA KEPNER AND $2,353.72 TO WINSLOW CONSTRUCTION CO. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 31, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority , Brown, Schwab. Nays: None. Absent: None . The Mayor declared the motion carried. ****** BY AUTHORITY ORDINANCE NO. 32, SERIES OF 1969 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 4, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNC ILMAN LONE SECONDED, THAT ORDINANCE NO. 32, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Pa rkinson , Lone, Lay, Kreiling, Dhority, Brown, Schwab. -5- ----~~----,....---..... -·' \ ! •' I '! I • • • • Nays: None. Absent: None . The Mayor declared the motion carried . * * * * * * BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1969 AN ORDINANCE VACAT ING A CERTA IN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 3, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO . 33, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson , Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * Introduced as a Bill by Counc ilman Parkinson and read in full, A BILL FOR AN ORDINANCE ADDING TO THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD A NEW CHAPTER 6A TO ESTABLISH A RETIREMENT AND PENSION PROGRAM FOR ALL PERMANENT, FULL TIME EMPLOYEES OF THE CITY, EXCEPT POLICEMENT, PAID FIREMEN AND ELECTED OFFICIALS, PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE- MENT BOARD FOR THE ADMINISTRATION OF THE SAME. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the c all of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Bro~n, S chwab. Nays: None . Absent: None. The Mayor declared the motion carried. * * * * * * -6-I • • - • • RESOLUTION NO. 30, SERIES OF 1969 A RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT . (Copi ed in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 30 , SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown , Schwab. Nays: None. Absent: None. The Mayor declar ed the motion carried . * * * * * * City Attorney Criswell stated that when the Atchison Ranch was sold to the Martin Company approximately 50 acres on the east side of the South Platte River had remai n ed the property of the City of Englewood. Recently the City of Englewood had been enjoined with the City of Martin by the Federal Government to condemn for Chatfield Reservoir five acres o f the City's holdings and a portion of the holdings of the Martin Company . Mr. Criswell stated that a pre-trial conference would be held on October 10, 1969 and requested that authority be granted him to represent the City of Englewood in the condemnation. Mr. Criswell stated that he would work towards a settlement out of court should the offer for the land be determined reasonable. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE CONDEMNATION SUIT FOR A FIVE ACRE PARCEL OF THE REMAINING ATCHISON RANCH PROPERTY HOLDINGS OF THE CITY OF ENGLEWOOD. Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * City Attorney Criswell stated that in regard to the litigation on the Mood y c ase that the c ourt had entered an order that the Mood ys had until September 15, 1969 to vacate their premises located at 2352 West Harvard. After that time the City of Englewood was to board up the premises and Mr. Moody was to submit a proposed repair plan to the Chief Building Inspector. Once the repair plan was approved, Mr. Mood y could apply to the court to re-enter the premises. * * * * * * -7- I • • ·' \ ! • • City Attorn ey Cri swe ll stated that include d with in the age nda packe t was a decision fr o m Ar apah oe Count y Di str i c t Court c oncerning th e Na t ional Tea Com p an y c ase against th e City o f En g l e wood f or the City's fail u re to issue said firm a 3.2 bee r licens e . Mr. Cr i s we ll state d that the court had ruled th at the n eed s o f t h e neighbo r h ood we r e not satisfi e d b y e xisting licenses. The Di str ict Co u rt h ad s peci f ic ally stated that in issuing a 3 .2 bee r l icense the exist e n ce of other 3 .2 beer l icens e outlet s should be considered and not the exi s tence o f other l i q u o r o ut - lets . Mr. Criswell st a ted th a t the dec isi on had bee n entere d on August 29 , 1969 and t ha t the City of En glewood c oul d appe al it within 10 days. COUNCILMAN LAY MOVED , COUNC I LMAN BROWN SECONDED, THAT THE DE CISION BE APP EALE D TO THE COLORADO SU PREME COURT. Upon t h e c all of th e roll , the vote resu l te d as f ollows: Ayes : Councilme n Lone , Lay , Kreiling , Dh ority , Brown, S chwab. Na ys : Coun cilma n P arkinson . Ab sen t : No n e . The Ma y or dec lared th e motion c a rried . * * * * * * City Manag e r Dial pres e n ted a memo randum dated August 29, 1969 disc ussing a proposed e n c r o a chment at 3475 South Penn- s y lvania Stree t. COUNCILMAN LONE MO VED , CO UN CILMAN KR EILING SECONDED, THAT THE ORIGINAL MOTION CONCERNIN G THE ENCROACHMENT WHICH STATED, "THE RECOMMENDATION OF THE BOARD OF ADJ USTMENT AND APPEALS FOR AN ENCROACHMENT AT 34 7 5 SOUTH PENNS YLVANIA STREET BE ACCEPTED," BE REMOVED F ROM THE TABLE. Up o n t he c al l of the roll, th e vote resulted as follows: Ayes: Counc ilmen Parkinson, Lone, Lay , Kreiling, Dhority , Brown, S c hwab . Nays: Non e . Abs e nt: None. The Mayor d ec lare d t he mot i on carried . City Manage r Dial reviewed the report with City Council. Mr. Dial stated t h at i t h a d b e en the conclusion of the City Engin e er's of f i ce th a t t he p ro p osed r e taining wall for which an e n c roa c hm e nt was r ec omm e n ded was t he only ad e quate means in pro- hibiting f urthe r f loodi ng on the n o rth si de of the apartment house loc at e d at 347 5 S o u t h P ennsylva nia . COUN CILMA N PARKINSON MOVED, COUNCILMAN LAY SECONDED , THAT THE AB OVE MOTION BE AMENDED BY ADDING THAT THE MAYO R AND CITY CLERK BE AU THOR I ZE D TO EXECUTE THE NECES SARY DOCUMENTS AND THAT THE EN- CR OACHMEN T BE RECORDED AT TH E APPLICANT 'S EXPENSE . Up on th e c all of the roll, the vote result e d as follow s : Ay es: Councilmen Parkinson , Lone, Lay , Kre iling, Dhority , Brown, Schwab. Nays : None . -8 - .• I ! ! I • • ' • • • Absent: None. The Ma yor declared the motion carried. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE ENCROACHMENT AGREEMENT BE AMENDED IN ORDER THAT ADEQUATE PROTECTION BE GIVEN TO PREVENT THE PUBLIC TRIPPING OVER THE RETAINING WALL. City Manager Dial stated that by setting the curbing approximat e ly 12 inches back from the existing sidewalk, the wall would be b eneath an existing split rail fence which would provide the necessary protection. MOTION. COUNCILMAN LONE AND COUNCILMAN PARKINSON WITHDREW THEIR Upon the call of the roll on the original motion as amended, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reminded members of Council of the National League of Cities convention in San Diego, California, December 1 to 5, 1969. * * * * * * City Manage r Dial stated that in the motion appointing Mr. Bruce M. Heider of Walter E. Heider and Company as auditor for 1969 that an authorization that the Mayor and City Clerk to exe- cute the contract document was not included. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECES- SARY CONTRACT DOCUMENTS BETWEEN THE CITY OF ENGLEWOOD AND MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, THE AUDITOR FOR 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial submitted a letter from Mr. J . K. Smith of the Denver Regional Council of Governments requesting the approval of the appointments of Mrs. James H. Arthur and Mr. John R. Crowley to the metropolitan wide Transportation Distri ct Board made by Arapahoe County. Attached to the letter -9-I • • . ' - • • was a memorandum from Mrs. D. A. Romans, Director of Planning, briefly discussing the backgrounds of the two proposed appointees. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE APPOINTMENT OF MRS . JAMES H. ARTHUR AND MR . J OHN R . CROWLEY TO THE METROPOLITAN TRANSPORTATION DISTRICT BOARD BE APPROVED AND ACCEPTED. Upon the c all of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lone , Lay, Kreiling , Dhority, Brown, Schwab. Nays: None . Absent: None. The Mayor declared the motion carried . * * * * * * City Manager Dial presented a memorandum dated August 29, 1969 from the Colorado Municipal League concerning the proposed rate increases and adjustments by Public Service Company. Mr . Dial stated that the purpose of the communication was to determine whether Colorado cities and towns wished to emplo y an a ttorney through the Colorado Municipal League to represent the cities and towns at the League hearing. City Council discussed the position the City should take on the rate increases and an appearance of the City of Englewood separate and apart from the Colorado Municipal League. At the c onclusion of the discussion it was the consensus of Council that the matter be deferred pending talks with other communities who had been served by Colorado Central Power Com- pany prior to purchase by Public Service Company and until staff research on the question could be submitted. * * * * * * Mr. Elden Boh of the Fire Department appeared before City council. Mr . Boh stated th at he had appreci a ted the City allowing him and other Fire Department mem bers to go to St. Joseph, Missouri to ex amine the snorkel fi re appara tus . Mr. Boh also discussed the conversion of sick leave to pay for a retiring employee with over 90 days sick leave a ccumu lated. * * * * * * Councilman Dhority requested that the City administration investigate the ways in which Dutch elm disease could be fought in order that elms within the community could be saved. * * * * * * Councilman Brown inquired if an offer. from the Colorado Department of Highways for the land upon which the present street shop was located had been received. City Manager D1al indicated that as yet no offer had been received although he had communicated the City's position to the Department of Highways. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the resulted as follows: -10- I • • .• \ I I f '! • • Ayes: Co uncilmen Parkinson, Lone , Lay, Kreili ng, ~ o r1 y , Brown, S chwab. ays : None . Absent : None. ~r d cl ared the mot~on carried and the meeting adjourned P .M. .• \ ! .,. I • • - I • • AGENDA FOR REG LAR CO C TL SESSION EPTEMBE R 15, 1969 8 :00 P.M. Call to order, invo cation by Major J. Sexton Johanson, Salvation Arm y , Englewood Temple Corps, pledge of allegiance led by Boy Scout Troop No . 333 , a nd roll call . 1. Minutes . (a) Special meeting of August 25, 19 69 . (Copies trans- mitted he rewith.) (b) Regul ar m eeting of September 2, 1969. (Copies tra nsmitted herewith.) 2. Pre-scheduled citi zens a nd visitors . (a) Recognition of ''special guests " of the Council. (b) Mr. Ro y Lucier, 3144 South F ox street, will be present to discuss a drainage problem in the South Elati Street-South Fox Street alley. (c) Mr. Ed Draper and others will be present to discuss p arking restric tions resulting from recently installed left hand turn pockets on South Broadway. (d) A representative of the Belleview Bowl will be pres- ent to request a renewal of a 3 . 2 beer license. 3. Communications. (a) Memorandum from Mr. stephen A. Lyon, Finance Director, regarding an initiative petition providing for a left turn movement a t South Bannock street a nd U.S. 285 a nd designating Ha mpden Avenue as two way . (Copi es transmitted herewith.) (b) Memorandum from Mr. Stephen A. Lyon, Finance Director, regarding a municipal information system. (Copie s transmitted he rewi th.) (c) Memorandum from Mr. John Murphy, Personnel Director, regarding a survey of sick leave benefits. (Copies transmitted herewith.) (d) Mi nutes of the Planning and Zoning Commission m eeting of August 1 2 , 1969 . (Copies transmitted h e r ewi th.) (e) Mi nutes o the El ection Commissi on meeting of September 3, 1969. (Copies transmitted herewith.) (1) Memorandum recommending increasing salaries paid e lec tion judge • (2) Memorandum recomm e nding an amend- ment to Section 104 of t he City Charter. (f) Memorandum from Mr. ste phen A. Lyon, Finance Director, regarding a n amendment to Section 110 of the City Charter. (Copies transmitted herewith. ) (g) Fin ance report of the month of August , 1969 . (Copies transmitted herewith.) ( ontlnu d) I • • . ' .. · \ ! I ' 'r • • AGENDA FOR REGUlAR COUNCIL SESSION SEPTEMB ER 15, 1969 P age 2 4 . City Attorney . (a) Ordinance on final rea ding establishing a general employee pension pla n. (Copies previously trans- mitted .) (b) Bill for an Ordinance establishing new salary levels for election judges . (Copies will be available at the sessi on.) (c) Resolution referring an amendment of Section 104 of the City Charter to a popular vote. (Copies will be available at the session.) (d) Attorney's c hoice . 5. City Manager. (a) Report on proposed rate changes by the Public Ser- vice Company. (Copies transmitted herewith.) (b) Report regarding an agreement with Ambrose- Williams for the temporary use of parking stalls. (c) Request for out-of-state conferences: (1) Stanley H. Dial, City Manager, I. C. M.A. October 13-1 7, 1969, New York City . (2) Charles B. Carroll , Utilities Director,, A. W. W. A., September 29 -October 1, 1969, Albuquerque. (3) Mrs. Bernice Bates, Court Clerk, • A. C. A., September 27-29, 1969, Albuquerque. (d) Request for use of downtown sidewalks for Country Fair Days, October 3 and 4 , 1969 . (e) Reque st for use of Park 'N Shop parking lot for Mile Hi Motorcycle Assocfation Gymhkana: Septem- ber 28 , 1969. (f) Manager's c hoice . 6. Recognition of non-scheduled citizens pnd visitors. 7. General discussion. (a) Mayor's c hoice. (b ) Counc ilman's c hoice. 8 . Adjournment. STANLEY H. DIAL City Manager SHD/ij I • • .. • \ ! I ' '!' I· • • ' •• ' r I -------------------.--------------------------------------------------------------------~---- 0 • "SPECIAL CITIZEN PROGRAM INVITEES" -September 15 , 1969 Precinct No. 1 -Mr. an d Mrs. Roger L . Rakestraw, 2190 West Harvard Avenue Precinct No. 2-Mr. and Mrs. G. D. Greenameyer, 2882 South Cherokee Street ~net No. 3 -Mr. ce l II 1 R. P. Flagel, 2830 South Clarkson Street Precinct No. 4 -Mr. and Mrs. Jay D. McCormick, 3750 South Cherokee Street Precinct No. 5 -Mr. and Mrs. G. L. Grayson, 3220 South Lincoln Street Precinct No. 6 -Mr. and M.rs. Walter W. Sanders, 3368 South Corona Street Precinct No. 7 -Mr. and Mrs. W. C. Senkpiel, 2920 South Marion Street Precinct No. 8 -Mr. and Mr s . Everett E. Scaggs, 3158 South High Street Precinct No. 9 -Mr. and Mr s . Bill H. Hinze, 3917 South Acoma Street Precinct No. 10 -Mr. and Mr s. George A. Ducker, 3940 South Grant Street Precinct No. 11 -Mr. and Mr s. Donald Davis, 4490 South Lincoln Street Precinct No. 12-Mr. and Mrs. Charles Park, Jr., 4125 South Galapago Street Precinct No. 13-Mr. and Mr s . L. R. MacAskill, 4551 South Kalamath Street Precinct No. 14 -Mr . and Mrs . Floyd Bayland, 4985 South Grant Street Prec i nct No. 15 -Mr. and Mr s . H. L. Baker, 4935 South Huron Street Precinct No. 16 -Mr. and Mrs. John F . Golyart, 2958 West Tanforan Drive • I • • .• \ ! I f "!' • - MR S. G WE NN J . MAXWE LL •91::1 !IOUTk UP •. N OlltiV L 1:1'-~0LC W OO~. COI..O A.t.O O 801 1 Mr. Stanley Dia l , City Kanager City Hall Englewood, Col o r a do 80 11 0 Dear Mr. Dial: Septemb~r 12, 1969 This week whe n I attempted to shop a t the Knglewood Prea s, 308~ So. Broadway, I wa s surprised to find a no parking area d i rect ly in front of the Press building and extending several feet north. I decided to simply make a r i ght turn and park on Dart.outh wher e I frequently uaed to park. There again, I found a aeries of "No Parkins at AnytUie" signa. I cannot believe thia type of traffic control, particularly in tbat area of Broadway, is nacesaary. Every custo.er who came into tbe Preas vhile I was there expressed aurpr i se at the in- convenience of finding a place to perk. The Preas, aa you know, is a big business, draw ing cuatomers fr om a large area; for many years it haa been a real asset to the city of &nglewood. Why must our City Planni ng make it so difficult for people t o atop there? 1 understand that tbe same thins ha -been done at other Broadway interaactiona, altho ug h the above rep re s en ts my only personal experience tbua far. Mr. Pi t chford of the Preas staf f informed me that this a ction c .. e aa a co.plete surprise and without any warning, giving the buaineae no time whatever to plan for alternate park ing. If t his is the ceae, 1 feel the a ction waa extr emely unfair. I aincerely u rge reconsideration of traff ic mark ing of this k i nd on Broadwa y . lt would aeem that a aagment of our city gov e rnment ta determined to make a freeway of this street , rather than giving any consideration to the many fine busine sses located ther e or to the public desiring to ahop there. A further note of interest may be t b is: I work a t the University of Denver. Many Departments tbere are awa re of the fine and extenaiva stock of supplies carrlad by the Preas . Since my ex- perience there e arlier this week, I have heard many expressions of surprile that such parking restrictions would be ins talled in th a t area. Peop le will not continue to patronize an area where parking is made a aatter of inconvenience. Surely Englewood does not wia to diacourase bu1 inea1 in tbia wa y. .c: Mayor Elmer I . Schwab Hr. Dallal J. Dhority, Councilman Englewood Chamber of Comaerce ~ truly you r s , ~· ~ ~· /f l Gwenn J. Mazwel( (Mrs. J,C. Kaxw ell) • ----------------' , • • 0 - MEMO RAN DUM TO: Stanl ey H . Dial, City Manager FROM: Stephen A . Lyon, Director of Finance DATE: S eptember 9, 1 969 SUBJEC T: Initiat ive P etitions On September 3 , 196 9 petitions cal ling for an initiative ordi - nance were received b y t his of fice . A c o py of the first page of th e petitions is attached hereto . The question to be sub- mitted to voters r e ads as follows: An ordinance removing the left turn traffic restric- tion a t the intersection of South Bannock St. and State Highway 28.5 , City of Englewood, Colorado and designating Hampden Ave., both e ast and west, as a two way or two directional avenue permitting motor vehi c le traffic to move or travel both east and west. The Department of Finance has completed a cursory examination of the p e titions. Of the 640 signatures, 55 were ruled invalid in most cases due to the fact that the individuals signing did not live within the City of Englewood. Over half of the invalid signatures were found on one petition, the remainder being inter- mitte ntly scattered among the other ten petitions. W1thout verifying each signature upon the petition, it appears th at t he 505 signature s necessary for valid initiative petitions as r equired under S e ction 46 of the City Charter have been ob t ain ed . The petitions also met the filing requirement of 60 days p rior to the election. As provided under Section 46 of the City Charter , the Counc il has the option of passing the proposed ordinan ce wi thout alterations within thirty days or submitting the ordinance to a vote of the electors at the November 4 , 1969 General Municipal Election. mmb Attachment cc Election Commission ~/~~ Stephen A. Lyon ~ Director of Finance John A. Criswell, City Attorney - , I • . I •• ' r ' f ! - For ary o--. to wv n ...... ~ ....,, .. ,ng ty wvn .. qvelif..d ~ • WARNING IT IS A FELOIY: DO NOT SIGN THI S P'n!TO N U N LESS YOO All A QUAUAB> EliC'TCMt TO 8( A Q OAUFUO £U CTOI! YOU M UST ~E a \ At leut r-enty-4ne .,.en of .... (b 1 A wia e n o f th. United Stet.a. tel A .-..od.n t of the .... of Co61. .. w hev. ........... the "•'• .t ~. ... tw~ ......... (d \ A .~ ... , ol ..._ ceunty .,. wt.kh you !h. t. • ..... ninety cleyw.. I " A r .wde nt ol t looe dty • towwt ... wWd\ you he t. • ..... tWrty ....,.. 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MJ ,...._ ..._ ...... .... at my liCml\l th ta ~\lt1 on a re c ~ly w~n i.......tlotaiJ .,._ mJ -and I do IM>Nb7 .......... 1M ~ ......t .,.....,. lo ~nt mo 1n a ll m a1l.en1 otfM"ti"' tl\lo ~-; C H.Al.MERSE A P ARXD. , .... 'Grant .~. ColarwSo VII W R.&'l, H OI 5o. G""l. ~ ColcJI'wio 8 11 WRIOirr. s.o So P.nn.. ~ Coiondo .U.rrtmW 111 5UIORM. 11411 So. O.lnr.,..,......., Colondo P.ACXAI!I.. GOJUX>N 71 0 I! Kampden Avs ......... Colondo ,.. ordl~ ~ h o reb y and tl\t u u ~ t lwr<r\.o .,.. .. taaa..: AN OaDINA/'1 :t llDI OVINC nu: IJ.M" n.'AA ni.AI"nC IU8TIIIC'MON AT 110 INT!li.IECTlON Or IOlM'II lo\Mioat rT AND rT An; HlClf'A' A Y 311& e m O Y P.:N G LCNOOD COLOUDO Al'ID ~NA 'TllllC H.AIIPDEN AW . 110!'11 MaT AND WUT, U A TW O V.AY Oil TW <r OlllUilONAL AV&HUI! PllUin"nNC IIOTOII VDfl ctZ T'RArnc TO ~Oil 'nlAVIl. IO'Mf ltA.H AS O Wrsl' M rr Ofi.DA iN:tl1 B Y Tiil PP:OPL ! Of' THr. CTTY o r ~. COLOI\ADO TM l.ft l u ra tnlllc ..-r.rlion tt t n~ on t~.--rtl on a t So II&!>IIOd 5I &ad Staa. Klcbway • '" U.. Ct ty ot laJ&' s4. Coloredo ll lwo....O. <emo v..t Wotvr •oiucl r tr atft< a~ UW tn'-tloa from 0.. .... , ah a ll bo JM'rm ltt.ad t.o ...,. Ifill Ud --r>«H no B<llu>ort \• tl\ou l r ..Ut<\Jon l1 Oil y ..-rlrtlon P"""aiMI It ob&l l b< ,.......,..., K&mpaen ..... r. tho .,,, "' r .... ,, .. ...,od ( oloraOo both ..... and we.\ .. h«ee)y ., .. ,...,.., ... ,., .... ., ,..., ~ .. .,..._ wtU\ '"'l>l.o ••lu cl t tnrlic t n b< JM'nnlt ed to m<>Y• both eMI -•m nos,rt f<>r t..ht portion of W.-t .._...,. ..._ Soutb &n -• S t ~~• e nd Hta h ~ .. , :18:1 Th to ON!t n.a""• repeell a ll ord lno....._ rsool utooN mo Uon t e M t r ll'fk dt~ Ia C"'I\fhc:1 t h4-rl'• d h • AN O kl l i'A ' f n> ' '. If f H 'l ,, h' I"R.A m l RC!n'1U C'!'I ON AT no: INT'I!:IISl:l ,, ' • r11 KA '·''" 1\ 1 \'JO STATJ; lflCH WA Y -(fTY 11r P:!>I ~Lt "' I "'., ~'I• . t.,l•·' TISC HAJ(Pli i':N AVP: 8<l nl r. ST A .. , .... t. . ' \ ' '.\.. ·~ . 'I [I IRFCTIO A L A \'P.:N\'! I'!:R l lllrrt .. t, It! •l' '' \fie U "'I •H ' '' '1 11V P' OR T'RA VI'J ll<ml r.A~"T ._ , V.P.~T • P'or • 01"\tna""" ~a tnJ\ ·I n... nd 1 rw ~ , I • • \ ! I ' '! - • • • • 0 - M E M 0 R A N D U M TO: S anl ey H. D~al, C~ty Manager FROM: Stephen A . Lyon, Director of Finance DATE: September 9 , 1969 SUBJECT: Integrated Muni cipal Information System for the City of Englewood {Outline of September 5, 1969 Discussion) Proposed That the Director of Finance undertake an intensive investi- ga ion into : 1. An integrated information system for the City of Englewood. 2. A data processing corporation owned by local govern- ments which would centrally provide computers and computer personnel for an integrated municipal i nformation system. Why an Information System 1. Informat ion is not readily available. Examples: cash flow, police, traffic, sales tax, etc. 2 . Skilled employees are spending too much time on routine cleric al duties and information procure- ment. 3. Information handling is increasing. 4. More c lerical assistance will be needed in the future because of one, two, and three above. 5. Personnel costs are r isi ng. 6. Englewood should be in the position of taking advantage of information system developments as hey occur instead of a lag time of several years . Why a Combined Effort 1. A computer center and he in forrna ion system dev loprnent is too costly for Englewood alone. 2. Costs c an be sh ared by o her local governments. ·' I l 'f I • • f • • .. Stanley H. Dial , C~ty Manager September 9 , 19 9 Page 2 3 . Through a cost sharing basis: A. The computer center should cost the same or slightly more than the present costs of he clerical tasks to be replaced. B. The center should avoid a portion of future cleric al personnel additions. Development Phases Phase I --Research and Preliminary Feasibility (Sep ember 1969 thru June 1970) 1. Work with other c~tie s on corporation --see atta ched proposal o f August 27, 1969 . 2. D~rector of Finance begin basic research to deve lop in depth c apability in sys ems, computers, and computer programing. (Basic research should be undertaken by o her cities also .) A. Take advantage of all beneficial tr a ining offered by vendors, e.g., IBM Computer School in San Jose, California, NCR Computer School in Dayton, Ohio . B. Take advantage of any other beneficial training offered b y non-vendors (1) sim~lar to recen Denver University Seminar and (2) special course work in systems and program~ng. C. Self-d~rective research. D. On-site review of other municipal in forma t~on s ystem in stallat~ons. E . On-s ite rev~ew of research tak~ng place ~n one or more cities successful in the USAC compet~­ t~on. 3. A preliminary feasibility repor t would be prepared by he hree cities. This report would deal wi h : A. F sibili y of corpor ation. B. Ou l1ne of fu ur development plan . C . Cos s of future development. D. S atemcnt on overall fcasib~li y . I • • .• \ ! • ~ • • • • - Stanley H. Dial, City Manager September 9, 1969 Page 3 Prob 4. If feasible, the corporation would be formed. Phase II --Testing (June 1970 thru December 1970} 1. Select sample clerical systems from three cities for testing . 2. Write pilot s y stems and programs. 3. Test pilot systems and programs. 4. Make final determination of feasibility and costs. 5. If feasible, determine if computer should be leased or purchased. 6. Release bid specs on computer. Phase III --Implementation (January 1971 thru December 1971} 1. Award bid on computer. 2. Staff computer center. 3. Design systems. 4. Wr ite and test programs on a leased time basis. Phase IV --Operations (January 1972 thru ..... } 1. Computer delivered in early 1972 . 2. Operations placed on computer as soon as possible . 1. Costs of training for Phase I may approach $2,000. Indirect costs of Phase I will be two o four hours per day. 2. Indirect and direc costs of Phases II through IV ar c unknown. However, each phase would not be undertaken unless proven f~nanciall y feas~ble. At th~s point i is hard to evaluate concret ly the proba- bility of success of the investigat~on. It ~s true that many governments (and ma ny priva e corporat~ons} have spent millions ' ·' \ ! 'r I • • f -• 0 • Stanley H. Dial, City Manager September 9, 1969 • Page 4 on data processing with little or no gain . The most glaring nearby example is th a t of the Denver Water Board which had to spend $80,000 in con sultant fees t o re-work their utility billing operation . Based on past experiences of others, the risk is high and is incre as ed bec ause the destiny of such an operation will be determined in part by other governmental units instead of Englewood singly. Non etheless, I believe that the potential gains of an inte- grated municipal information system outweigh the risk; and the development outlined above is designed so that each phase will not be entered into without it clearly being financially feasible. As a further point in favor of suc- cess, the development of the sy stem will be undertaken by local management officials rather than consultants or com- puter oriented individuals. This will insure unbiased evaluation, a management rather than computer oriented system, and keep the costs low . nunb Attachment _d~/~ Stephen A. Lyon ~ Director of Finance ' r I .,. . ' I • • • • • Department of Finance August 27, 1969 A DATA PROCESSING CORPORATlOB FOR AURORA, ENGLEWOOD, AND LI'l'TLBTOil More than two years have passed since the discussion of an independent agency to provide the data processing necessary for two or more suburban cities began. As well as this idea being batted around quite thoroughly, the DRCOG has entered the field of data processing. At a Metro City Managers' meeting several months ago a presentation by the data processing aanager of DRCOG was made stressing the need for cooperation of com- muni.ties in this field and extolling the virtues of a branch of DRCOG to house the computer. A lmeeting of area municipal and county pe9fle who would be involved in such a venture was held some months later: and although the reception to the cooperative idea was quite good, follow-up action by COG was not forthcoming as promised. A few weeks ago I was in contact with the COG data processing manager and received the definite impression that although the idea was still sound in COG's opinion, the data processing needs of the Regional Council would have to take precedence: thus setting back any concrete work on the regional venture indefinitely. With the municipal data processing aspect of COG in this state of limbo, I believe it is time to undertake a cooperative data proc ssing venture ~nvolving Aurora , Littleton, and I 0 ' • • - -2- Englewood, initially. Over the last several months the idea has taken on the following description: 1. A non-profit data processing corporation would be created b y the thre e cities . 2. The corporat1on would lease a computer keeping to a mi n imum the capital investment. 3 . Employees of the cor poration would be drawn from the three cities insofar as possible. 4. The corporat1on would initially provide data processing functions i n the fields of accounting. 5. The installation would probably entail individual modification of the accounting systems of eaah city in order that they would be sufficiently similar to simplify programing. 6. Insofar as possible, the programs and systems for the initi al installation would be of the "package" type; i.e., already written with as little m dification as possible i n order to reduce programing costs. 7. Although centrally housed, the computer would have terminals (perhaps not initially) in each city. 8. The computer would be expandable in capacity without changing the basic installation. 9. If the cost of the initial data processing 1nstallati.on and o peration were equal to or slightly more than the present costs of providing the same accounting functions , then the corporat i on would be f1nancially feasible. 10. Expansion of the system into more sophisticated appli - cations such as mu n1 cipal court, building permits and engineer ing calculat1ons should r esult i n little additi onal cost and should . 1n effect, be bonuses of the i n iti al i nstallation . These types . of upward applications would, in the long run, answer pos1t ively the ques 10n of f1nancial feasib ility. 11 . The lateral expansion of the system to other gove rnmen al ent1llCS dt l1ttl e addll10ndl cost should be poss1blc . Th1s xpans1on would serve o reduce the co sts of the corpo rat1on to thos~ presently beJng served . I ! ,. I f • 0 - -3- At this point, I believe it should be expressed that in my mind there is little doubt that such a venture is feasible and possible. The next steps necessary are those which result I in either the proof or di sproof of thi s belie f. THRE E CIT I ES TASK FORCE To determine whether combined data processing is feasible , a task force of the three cities should be created. The general tasks of the committee are set forth below : 1. Prepare initi al reques ts for proposals to be mailed to al l hardward vendors. The vendors will be asked to submit a preliminary systems de sign and computer configuration to accomplish the immediate and futur e dat a processing needs of the three cities. 2. Th e task force will then proceed with the study of the proposals resulting i n a selection of one or two vendors. 3. The successful vendor (or vendors) will be required to submit a detailed design and description of the system and its effect upon the three cities. 4. The detailed system des1gn t o be submitted will serve as the basis for each c ommun ity's fe as ibility study. 5. After the feasib ility studies, the committee will make a bas1c recommendation on the formation of the corporation. £-L;:!'~ Director of F1nance City of Englewood • • \ r ,. I • • TO : • - INTfii..OFPICE MlMOIIANDUM Stanley H . Dial , Ci ty Manager DATI : Septembe.r 11 , 1969 FROM : John F . Murphy, P ersonne l Director SULIECT : SICK LEAVE CONVERSION • The following is the information fr om t h e sur vey you reque st ed on the conversion of sick leave: Boulder -converts sick leave on the basis of two sick leave days for one vacation day after an accumulation of 80 days sick leave. Upon retirement, they convert three sick days for one vacation day, up to a maximum of one month's salary. Littleton -converts one day of sick leave for one vacation day after an accumulation of 60 days sick leave. This must be converted to vacation before retirement takes place. Denver -converts two sick leave days for Qne vaca- tion da y after 120 days of sick leave accumulation. The Fire and Police convert 18 sick leave days for 12 vacation days after an accumulati on of 90 sick days. Arvada -has no conversion of sick leave for vaca- tion. They pay up to 60 days of sick leave upon retirement. Aurora -The re is no conversion of sick leave for vacation nor any conversion upon retirement. the cost of paying an The f ollowing is an estimate of employee one day's pay for two over 90 days upon retirement: sick leave days accumulated No. of ~ Retirees 1970 19 71 1972 19 73 1 1 0 2 No. of Sick Days over 90 Days. 0 0 0 15 $163 . I ! 1 I 0 ' • • O FFICIAL' CITY CO U t:IL DOC U ENT r'' .,. S[P 1:::, TC) CO UNCIL r,:, .l; FILE CIT'( OF ENGLE VOOD, CO LO. CITY OF ENGLEWOOD PLAN NING AND ZO NI NG COMM ISSION August 12 , 1969 I. CALL TO ORDER . The speciaT meeting of the City Planning and Zonin g Commission was called to order by Chairman Woods at 8:25 P . M. Members Pr ese nt : Carlson ; Lentsch ; Lone; Parkinson ; Woods Romans , Ex-officio Me mb e rs Abs ent: Touchton II. COLUMBINE FREEWAY , Mr. Woods stated that th Planning Com mission has b ee n stu dyin g t h e pro- posed Columbin e Fr eeway since it first came under co ns i d eration s everal year s ago, and that it is his understandin g that the City Council had indicated at the~ last me e ting that they would like a recomm e nda tion from the Plannin g Commission as to the recommended loc ation of t h e proposed Columb ine Freeway. Mr . Lon e question e d wh ther or not the City should discuss t h e ma tter with the "people involved" in the area, and mentioned the committee studying the proposal from th Chamb r of Commerce. Mr. Woods not e d that Mr. L entsch had also suggested mee ting with th e Cha mb er of Commerc e comm ittee. Mr. Lone not e d that h e fe lt we might present a more unifi e d d ecis i on b y including these committee me mb ers . He stated that he kn ew that no t e v eryo n e would agr ee on one route, but he didn 't want to s ee s everal "factions" with di ffere nt opinions presente d t o the City Council . Mr . Touc hton e nt ere d and took his plac e with the Comm is sion . Mr . Lents c h commented that h e fe lt the City should h ear th e c omm1t t e of t h e Chamber; h e not e d that they have g on e into exte nsi ve study on the matter. Mr. Lon e comm e nted that he felt a recommendation mad e by the Plannin g Commission at t his time would b e pr e matur e. Fur ther discussion follow d . Th e possibility o f t akin g a citizen poll was discussed. Mr. Lone pointed out t ha t the actual construction of t he Columbin e Freeway IS a long time off, and t hat h e felt we should get the t hou g hts of the peopl e aff cted, co nsid er their opinions, and then make our recommendation . Mr. Touchton pointed out that the Planning Commission has , on several occasions, heard presentations by the advocates of the wes ern route , and by advocates of the ea stern route, and that the Commis sion has studied the report prepare d for the St a te Hi g hway D partment by M urer, S rafini & Meur r, and h e qu stion d that any one wo uld be mor e qualifi e d to mak e a recommendation r1ght now than t h e Plann ing Com- mission . Mr . Carlson as k ed if we had rec ived a forma~ request from t he City Council to make a recommendation? Mr. Parki nson repl1ed that he had stated to th Coun il, upon th 1r qu ry as to what th Planning Com- mission had done in r gard to th e Freeway, that he would bring th e point b for the Commission. Mr . Lone comm nt e d that we should com- municate to City Council that w are trying to gather information from a ll inter sted groups, and that we wi ll consid r th Information at a futur me ting. Mr. Touchton commented that one study had b at the d1r tion of the State Highwa y Department , and on had n don for Mr. on Fr llick ; he comment d that if an independent study w r don that s v ral Interesting things mi g ht com to li ght. 1 ·' I ! 'r I • • • • Mr. Lone commented on th e cost estimates pre sented on th Santa F e alignment, which is favored by Mr. Von Frellick. Mr. Lone noted that when the cost estimates of the freeway on this alignment to Belleview are added to the e stimates from Be ll eview to County Lin e Road, that the Santa F e Alignment will amount to $3,000,000 MORE than the western alignment, but that this fact is carefully avoided by advocates of the e astern alignment. Th e e stimat e of 359 a square foot for land tore - place the rai lroad right-of-way was also point e d out as being extremely conservative, which cost would again increase the estimate set forth in lr. Von Fr e llick's report. Discus5Vn followed. Mr. Parkinson commented that h e understood from the various pr e s e ntations th Planning Commission has attended that: (1) the standards of th e freeway propos don Santa Fe by Mr. Von Frellick's study will not b e as high as those proposed for the western alignment in regard to median strip and width of lan e s. (2) I f the freeway is built on Santa Fe , we would lose the capacity of Santa Fe in addition to the capacity of the western route, thereby losing the ability to a ccommodat e 35,000 ca rs per day. (3) We would not have the access into Englewood with the freeway on Santa Fe that we hav e now and would have with the wes t e rn alignment for th e freeway. Mr . Lentsch stated that he felt we had to look at the ov e rall pictur e of what was good for the City, and consider whether the Santa Fe route would be adequate in 10 or 20 years. Mr. Lentsch also noted that th e shoppers just will not travel a freeway; that fre ways are fine for those goi ng to and fro m work, but if we hoped to get more shoppers into Englewood, the freeway just isn't the way to do it. Mr. Lone agreed, and not e d that you do not get "convenience stops off a major freeway". Mr. Pa rkinson questioned whether it was a logical statement by advocates of the astern rout e that th e hotel proposed for the Cinderella City shopping complex won't be built unless the freeway is on Santa Fe? Discussion followe d. Mr. Lon e commented that he discussed similar matters with an En g l ew ood businessman who owns land in the industrial area to th south of the shopping center, and was told that several years ago this businessman had a hotel proposed for his site and was told there should be a fre way in the area--not on a particular street. He not d that the fre way would be in ~area eve n on the western route, and that h e didn't feel a mile or so made that much difference. Furth er discussion followed. It was the d etermination of t h e Planning Commission that a written com- mun i cation should b e made to City Council, indicating that we are in the process of gathering informatio n from groups who are interested in the location of the freeway, and that the matt er will be consid red at a futur me ting. It was also the determination of the Comm1ssion that Mr. Von Fr llick's letter to Mr. Woods b e answered, and so direc t e d th Plannin g Director. III. APPROVAL OF CONDITIONAL USES, PARKING LOTS, ETC. Mrs. Romans d1scussed the t1m e spent by th e "PTa!ining staff and the Planning Commis sion in approving th various requests for conditional uses , park- ing layouts, and similar situations. Approval is sometimes given based on a sp cific area being used for parking for the use, or that other ordinances of the City be adh red to. Two cases in part icu lar were cit d by Mrs. Romans : the Contine ntal National Bank , which parking layout was approved bas d on th property owned by the bank in the 3400 block of South Sherman Str t b ing us d for mploy e parking; and a mobile home park on South Santa F , which was approved provid d th Mobile Home Park Ordinan was follow d. In th case of th Continental ational Bank, they hav appar ntly pick d up additional parking in the 3400 block of South Bannock ~treet, and hav mad arrangem nts to s 11 th lot on South Sherman Str et;how e v r, no formal notification of a d ir to relocat th employe parking lot has b en mad by th Bank to th Planning Commission. 2 • • • As to the trail er park , the Commission gave approval to Mr. Wayn e Ne lson on Nov ember 20, 1968 , for a mobil e home park provided the pro- visions of the Mobile Hom e Park Ordi nan ce were followed. Under the Ordinanc e, it would b e required that roads be improved, wash houses ready for us e, etc. before spaces would be rented. Upon investigation, this was not the case, and Mr. Nelson had rented twelve spac e s, without th e roads being improved or the wash house constructed. Mrs. Romans ask e d how a "fo llow through " on these uses could be mad e. She stated that th e matt er had be e n mentioned briefly at the Commission me e ting last week, and that City Attorney Criswell had stated that in the case of the bank parking lot , if the action of the Commission had been recorded it might hav e been a way we could have guaranteed a "fo llow through". Discussion followed. Commission members felt that we should find out whether or not the Bank has sold the land, or has merely offered it for sale, and determine whether or not alternate e mployee parking has b en provided. Mr. Lone commented that possibly where there are condit ions put upon an approval by the Commission, that a copy of these conditions should be file d with the Financing Company of the project. Discussion on rezoning cases fo llow e d. Several cases were noted where th rezoning has been approved, and the applicant has sold the land shortly thereafter. In some cases, no apparent attempt to develop the land has been mad e by the person applying for the rezoning once it has been granted. Discussion followed. IV. COMPREHENSIVE ZONING ORDINANCE. Mrs. Romans a1scuss o the rev1s1on of the zoning ordinance, in particular the perc e ntage of lot coverage as set forth in the 1963 Ordinan ce. In the R-3-A and R-3-B Zon Districts, the lot coverage is limited to 30% and 35% respectiv ly. It has been questioned by several people whether or not the new construction in these two districts does adhere to th e 30% and 35% lot coverage. The question was raised as to whether or not in the revision of the Ordinanc e, the present maximum per ce nta ge of lot coverage should be reduced, or whether it should be l eft as it is or even increased? Discussion followed. It was suggest e d by the Commission members that a field check should be mad e on s e veral locations to deter- mine if the ordinance is being followed, and if so, then the Commission wi ll consider the percentage of lot coverage, and whether or not a cha ng e is necessary. Discussion followed. Mrs. Romans noted that she had discuss e d the situation with the Publi c Works Director, and that he has stat d he does not have the staff to make the field check. It was determined that possibly both of these matters should b e reviewed wit h the City Attorney before any action is taken. V. APPROVAL OF MINUTES. Chairman WoodSstat a that the Minutes of August 5, 1969 , were to be consid red for approval. Parkinson mov d: L ntsch s ec ond d: Th e Minut e s of Au gu st 5, 1969, be approv ed as written. • Th motion carri d unanimously. VI. LITTLETON ZONING CASE. Mrs. Romans report a tl11i"l:th City of Littl ton has a rezoning r qu st b fore it whi h i w st of o~ City limits at South Elati Drive and outh of West B lle vi w Av e nu . Th r qu e st is for R-5 (Multiple family) and the Engl wood citiz ns who live in th ar a are v ~y co nc ern d. A ouple of the r esid nts hav contact d Mayor Schwab, Mr. Dial, and th PlanningD partm nt, and Mr. Dial r quest d th Planning Dir ctor to attend the Public Hearing b ef or e th Littl ton Planning Commission when this matt r was consider d. Mrs. Romans tat d that sh did go to the 3 I • ·' . ' ' I • Hearing and that she told the Littleton Planning Commission that the City of Englewood is interested in the matter, primarily because they are concerned about the traffic situation at Belleview and Huron Street. It would be in this vicinity where traffic from the proposed multi-family development would be exiting and where possible left-turns, and attempts to c ut straight across Belleview to the north would be made. Discussion followed. Mr. Lone questioned whether the City of Englewood has any business stating that we do not like some thing that Littleton might be considering any more than, for instance, Cherry Hills had telling us they didn't like the zoning of the KLZ Site. He said h e didn't think it was any of the City of Englewood's busin e ss. Furth er discussion fo llowed. Mr. Parkinson noted that there were court cases wherein the d ec ision was that properti e s that would be affected, \lhether in the city or outside of the city, had a right to object if their property was goi ng to be damag e d by a change of zoning, etc. He also stat e d that he felt it was proper for the City o ff icials to speak on the behalf of our citizens. Discussion followed. VII. COMPREHENSIVE PLAN. • Mrs. Romans noted tharthe article in the Englewood Herald on the Com- prehensive Plan was very much appreciated, and that some persons have come to the office to discuss the Plan in regard to their neighborhood as a result of this article . Lentsch moved: Lone seconded: The meeting be adjourned. The motion carried, and the meeting was adjourned at 9:50 P. M. RECOR DING SECRETARY P 4 I • • . , • • CI'TY c~C:C.f cIA r..:: ' , L f?ocu Mr:Nr ~~-p • -,. ! ') ·~') INTRODUCED AS A BILL BY COUNCILMAN k co I? ITY C/L ; -('-.,., 1 iz [NG 1 k ' · . 'J ;-'LE , ooo. c oLo. A BILL FOR AN G DINANCE REPEALING f3 .8 OF THE MUNICIPAL COlE OF 'IH!. CITY F ENGLEWOOD, AND RE•ENAC'IING THE SAMl WITH Al£NI»4!NTS, TO AUT H RlZE CITY COUNCIL, BY MOTION RESOLUTION, TO ESTABLISH COMPENSATION FOR JUDGES SERV LNG AT GENERAL AND SPECIAL MUNICIPAL ELECTIO NS AND IECLARING A E CY. BE IT ORDAINED BY THE CI COUNCIL OF THE CITY Of ENGLE OOD, COLORADO, aa follova : Section 1. f3.8 of t ~~nicipal Code of the City of Engle• wood Is bireby r e pealed and re-enacted to rea as f ollows : 13.8 Pay of Election Ju~es. -Judges of tlw municipal elect{ona abi11 rec~ve such compensation for their services as City Council shall, from ti to time, establish by motion or resolution . The judges of each precinct shall select one of their number to deliver the precinct's election returns in accordance vitb law, and that juqe shall re- ceive an additional aum oJ ~~ for the performance of auch service.·· ~ Section 2. In view of the iJiainency of a general municipal election ana the urgent need to revise election judges' compen- sation! City Couacil hereby declares that an emergency exists neeeaa tating tlw i.Daediate enactaent of this ordinance to pre• aerve the public health, aafety and welfare 1 by reaaon of which thia ordinance aball become effective t..ed1ately upon ita fiDel passage. Introduc • read in 1.6 -day of September, Published as a Bill --------· 196 9 . Attest : City Clerk-Treasurer full and paaaed on f irst rea in& o tlw 1969. for an Ordinance on the ___ day of Mayor I , Stephen A. Lyon, do hereby certify that the above and forego ing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1969. City Clerk-Treasurer • • I I ! I ' '!' • C/'fY C~G ~f1 C fA l.: -, ocuMtrN'r S[,l 1 ) ·~n ' C:J couN C/jy CiL, OF rrR/9 f:NGLtV.:~ ' '..E: oo Coto. RES OLUTI ON NO . _7........_/_, SERIES RESOLUTION REFERRING PRO PO SED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECT ORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPA L ELECTION TO BE HELD ON TUESDAY, N VEMBER 4, 1969, AN D DIRECTING THE CITY CLE K AND ELECT I N COMMISSION TO TAKE SUCH STE PS AS MA Y BE NECESSARY TO PLACE THE SAME ON THE BALLOT rlHEREAS, Article XX of the Con st itution of the State of Colorado and S ction 8 of the Ch arter of the City of Englewo od, Colorado, authorize th City Council of the City of Englewood, on i s own initiative, to submit to a vote of the electors any proposed amendment to said Ch arter, either by ordinance or reso- lution duly opted not less than thirty (30) da s prior to the election at which such vot shall be take ; and WHEREAS , the present prov is ons of Section 104 , Part III , rticle X, of th Charter of the Cit of Englewoo , which pur- port to require hat the matur ity dates and terms of general obliga tion bond s be cont aine d wi t hin the propos i tion to be sub - mitted to a vote of th taxpaying electors, adop t a procedure which is unwieldy and impracticable and c onsideration should be given to a r emoval of said r equirement , 0 , THE REF ORE , BE IT RESOLVED by the C ty Council of t he City of Engle~ood, Colorado, as fo llows : 1 . That this Council should, and does hereby , refe r t o a vo te of the qualified electors of the City of Englewood, Co o - rado, at t hat general municipal election t o be held on Tu esday, ovember 4 , 1969 , a proposed am ndment to the Charter of t he Ci ty of Eng lewoo d , Colorado, which amendment shall read as fol - lows, to wit : Art icle X, art III, Section 104 , of the Charte r of the City o f Englewood, Colorado, is hereby amende d by the rieletion t herefrom of the next to last en- tence thereof which reads a s follows : 'Maturity dates and t rms of the bonds, other than water bonds , shall be as prov ide d in th pr opo sit ion submitted t o the taxpaying elec - tors.' 2 . Tha t the question o b voted upon at uch election shall r ad as follows, to wit : "Shall Art icle X, Part III , S ction 104 , of the Charter of the Ci y o lewood, Colorado, be am ended so as to delete tlerefrom the require- that the maturity dates and terms of general ob- ligation bonds must be set fort h in t he proposi- tion submitted to the voters /' 3 . That t s Council does not cons der the proposed Charter am ndment h r e in contain d to be in any wise inconsist nt with th proposed Charter nd at set orth in Resolution No . 30, Seri s o f 1969 , heretofore dopted by t his Council . This Council is of th view that both said proposed amendments are inde pendent of th t r and, hould both proposed a.endments b adopted by the voters at the forthcoming election, both said proposed end- ants s ha ll be, and come, ffective . • That th City Clerk and Elect ion Commi sion of the City of Englewood, Colorado, ar hereby authoriz d and directed to --~ -----·------ I f • • take auch atepa aa may be oeceaaary to aaaure that aaid ques- tion ahall appear upon the ballot at said election and, in re- lation thereto, to exercise auch power• and prerogative• aa are granted to them by Article II of the Charter of the City of Engle- wood, Colorado . Mayor Attest : City Clerk-Treasurer I, Stephen A. Lyon, City Clerk -Treasurer of the City of Englewood do hereby certify that the above and foregoing ia a true, accurate and complete copy of a reaolution paaaed by the City ~neil of the City of Englewood at a regular meeting held on \ ~a?/(( 7 1,6 , 1969. city cierk-freaaurer -2- I . • •' I ! I , 'r - • • - M E M 0 R A N D U M TO : Stanley H. Dial, City Manager FROM : Stephen A. Lyon, Director of Finance DATE: September 12, 1969 SUBJECT : Amendm e nt to Section 110 of the City Ch a rter The second sentence of S e ct~on 110 of the C~ty Ch a rter reads as follows : Bond Sales Limitations --The bon d s sh all be sold to the highest and best bidder s for cash, and to the best advant a ge of the City . All b onds sh a ll cont a in p ro- visions for c a l l ing the same a t desig- nated perio d s pr ior t o final due d at e . In the second p a r a gra ph o f the l e t ter a t tached to the El ection Commission mi nutes of S ept e mb er 3 , 1969 , Mr . Bill Lamm , b ond counsel, indic a tes hi s c oncern wi t h this provi s i on an d the n eed for an ame n dme n t . I c onc ur wi t h Mr. Lamm 's c onc ern. Th is p r o- vision of Section 11 0 limit s the City in de signing a b o n d i ssue which will recei v e a f a v o r ab le interest r a te on the bond ma rket . Call provisions are i nst ituted under the prem ise tha t une xpected revenues may be received which could be used f or the early ret ire - ment of principal , thus reducing interest expens e . How ever , a call provision is c os t l y as prospective bond b u ye rs wi sh t o know how long their money will be invested and at wh at rat e . Any uncertainty in a bond sale is paid for in incre as ed interest rates. This is particularly true when the call p rovision applie s to the bonds maturing in the first 10 years of the issue. In any given bond issue, it is highly unlikely that revenues for amortization will exceed the original estima tes for the first several y ears because it is far easier to be a ccurate in project- ing in the near future than the far . Therefore , it is not neces- sary to have a call provision on all bonds , p a rticularly those maturing in early years. (Under certain situatio ns a bond c a ll provision is of no value whatsoever.) I • ' • Stanley H . Dial, City Manager September 12, 1969 Page 2 Recommendation • - It is hereby recommended that an amendment to Section 110 of the City Charter as set forth in Mr. Lamm's letter of September 8, 1969 be submitted to a vote at the November 4 , 1969 election. This amendment is recommended because bond call pro visions are a ) sometimes costly in terms of increased interest expen s e and b ) not always necessary~ ~y~4- Director of Finance mmb cc Mr. John A. Criswell, City Attorney Mr. William 0. Lamm, Bond Counsel - . , I ! 'T I • • Property Tax Sa le s T ax Highway Users Tax Utility & F r anchise Ci garette T ax Veh icle Own e rship & Regis trati on Business Licne se s Miscellaneous Liquor Occupationa l Liquor L ie. (St a te ) Total Municipal Court County Court Fees Other Revenues F i re Dist . Contracts Highway Ma i nt. Total Permit s Street Building Elect r ic a l Plumbing Sewer Total Fee & S ervice Ch g s . Polic e Libra ry Engineering Tr a iler Court Tot a l County Library Cont . Inte r est & Misc. Interest Mi s cel laneous Total Total Revenue • • 0 - FINANCE DEPARTMENT C rty c~t F I C I A L CIL 0 F·r ' "'•J r~CUM E:N 'T REALIZATION OF ESTIMATED REVENUES SFP 1 5 '69 GENERAL FUND For Mo nth o f Augus t, 196 9 COUNC IL Cli'( O F E:N M CL Tl~ G FIL E GL e:wooo An ticipat ed Curren t To Date %'5P~t. Revenue Mon th Collected $ 1 76,67 5.00 $ 18,400.23 $ 15 5,550.34 88.04 1 ,515,839.00 1 04 ,0 3 6.40 882,182 .7 9 5 8.20 132 ,000 .00 12, 7 81.10 100 ,512.46 76.1S 165 ,000 .00 67,Sl9.86 1S9 ,8S4.S4 96.88 84,000 .00 9 ,242.38 64 ,619.S4 76.93 93,200 .00 9 6 l.SO S6 ,824.80 6 0 .97 23,S OO.OO 6S 7.00 26,833.SO 11 ,100 .00 10,100.00 1 1 0 0.00 101.2S 3S,70 0 .00 6S7.00 37,034.7S 103.7 4 30 ,00 0 .00 3,800.00 35,288.SO 11 7 .63 2,200 .00 137. so 832.SO 37.84 18 ,682 .00 61.00 19 ,846.00 21600.00 216 .66 1.733.28 21,282.0 0 277.66 21 ,S79.28 1 0 1.40 1 ,600.00 28S.OO 2 , 811. so 1S,OOO .OO 2 ,423.00 22 ,490.SO 3 ,600 .0 0 820 .10 S,136.6 S 1 ,300 .00 3S2.00 1, 2 7 8. so 800.00 41.0 0 88 S .OO 22 ,300.00 3 ,921.10 32 ,6 02 .1S 146.2 0 3 ,000.00 260.00 2 ,S4 9.SO 6 ,300.00 411.40 S ,0 28.S7 1 ,200.00 3S .OO 433 .64 11300.00 124.00 777.00 I 11,8 00 .00 830 .40 8,788 .71 74.48 • • 30,516 .00 1 6,376.92 S3.6 7 8 ,000.00 2 ,919.68 7,000.00 738.86 3 1 620.91 151000.00 738.86 6 ,S40 .5 9 4 3.60 $2,335 ,512.00 $223,303.99 Sl,S78 ,58 7 .87 67 .59 ·' \ 1 , I ! • 0 - - FINANCE DEPART MENT EXPENDITURES & ENCUMBRANC ES CHARG ED TO 1969 BUDGET APPROPRIATI ONS GENERAL FUND For Mo n th of Augu s t , 1 9 69 Annu a l Current Current Spent & % of Budg et Mo n th Encurnb. Enc urnb. ~udge t To Dat e Legislative & Council : City Counci l $ 1 7 ,0 18.00 $ 643 .28 $ 1 0 ,6 55.0 4 Boar d of Adj . 1,925 .00 142.82 1,14 5 .13 Career Se r. 1 ,1 20.00 110.00 799.32 Plan & Zo n i n g 2,224 .00 99 .00 1,359.48 Publl.c Lib. 600.00 134 .04 City Attorn ey 33,4 47.00 2,191.05 1 6 ,643 .56 Tot a l 56 ,334.00 3,186 .15 30,736.57 54 .56 Municipa l cour t 18,962.00 1 ,51 1.33 12,234.82 64 .52 Management City Mana ger 48,905.00 3,433.38 34,40 5 .84 Perso nn el 21 ,475 .00 1 ' 64 3 . 83 14,018.95 Total 70 ,380 .00 5,077 .2 1 48,424.7 9 68.80 Finance 110,911 .00 7,082 .76 $ 7 ,4 2 3.50 73' 2 90.0 9 66.08 Pub lic Works Engi n eering 79 ,374 .00 5,740.75 38,551.12 Street s 35 1,880 .00 38,948.52 2 ,8 93 .40 204,447.66 Tr a ffic 100 ,440 .00 5,990 .02 64,673.84 Building Insp. 69,2 8 5 .00 4,986.27 40,781.99 Bldg. Maint . 148 ,810.00 8 ,917 .01 11 3 ,0 0 9.8 2 Total 749,789.00 64,582.57 2,893 .40 461 ,464.43 61.55 Fire Dept. 402,199.00 29 ,223 .26 249,724.10 62.09 Pol1.ce Dept. 585,444.00 45 ,352.20 374,985.41 64.0 5 Parks & Rec. 216,667.00 18,926.51 1,446.00 130,446.60 60.21 Planning 44,356.00 4,069.39 27' 945.26 63.00 L 1brary 112,623.00 5,512.81 61,099.93 54.25 G neral Gov I Ce n ral Ser. 16,120.00 1,339. 2 9,380.25 • G n. Oper. 47,02 .00 1,325.82 34,887.17 Emp. Benefits 17,500.00 600.00 600.00 Total 80,646.00 2,665.74 600.00 44 ,867 .42 55. 4 Total Expense $2,448,311.00 $187,189.93 $12,3 2.90 $1,515 ,219 .42 61.89 \ ( I , • '! Water Sales Other Tap Fees Connection Chgs. Rentals Interest M~sce llaneous Prope rty Tax Total To t al Revenue EXPENDITURES Production • 0 - FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES WATER FUND For Month of August, 1969 Anticipated current To Date Revenue Month $750,000.00 $73,844.85 $553,646 .56 1,000.00 134 .60 895.00 1 0,000.00 2,421.41 24,306.77 4,000.00 3,864.0 6,053 .8 7 15,000.00 10, 961. 58 2,000 .00 65.00 l3, 012.61 295.00 30.81 260.47 32,295 .00 6,515.88 55,490.30 $782,295.00 $80,360 .7 3 $609 ,136.86 % of Est . Collected 73.82 171 .82 77.87 ENCUMBRANCES CHARG ED TO 1969 BUDGETED APPROP RIATIONS Annual Current Current Spent & % of Budget Mon th Encumb. Encumb. Budget To Date Source & Sup. $ 16,724.00 $ 763 .10 $ 12, 990. 75 Power & Pump 97,506.00 121821.66 57,496.57 Purification 68,567.00 7 399. ll 53 320 .74 Total 182,797.00 20,983 .8 7 123,808.06 67.73 'Trans. & Dist. 104,323.00 6,422.44 39,771 .96 38.12 Admin~stration Account & Coll. 51,369.00 4,373.04 35,139.62 Gener al 77,078.00 3,502 .57 42,336.92 Total 128,447.00 7 ,875.61 77,476.54 60.32 Deb Serv~ce 374 ,698 .00 250.5 70,052.6 1 18.70 MlSC llaneous 20,000.00 20 ,000.00 100.00 Captt 1 Plan & Equipment 91,300.00 6,255.08 ~248.24 93,465.92 102.37 Tot a1 Expense $901,565.00 $41,787.56 $248 .24 $424,575.09 7 .0 • I • • ~ .• I l . ' 'T • - - FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES SEWER FUND For Month of August, 1969 Anticipated Curren To Date %of Est. Revenue Mon th Collected Disposal Service $24 5 ,000.00 $16,979 .36 $175 ,282.13 71.54 Other Connection F ee s 2,000.00 10.00 7,25 1.22 Conn. Fees Re s. Cap Add. 5,000.00 475.00 11,220.00 I nterest 15,000 .00 10 ,359.69 M ~sce llan eous 1 000.0 0 50 0.00 T otal 23 ,00 0.00 485.00 29,330.91 12 7.5 3 To al Revenu e P68, 000.00 $17,464.36 $204,613 .04 76.3 5 EXPENDIT URES & ENCUMBRAN CES CHA RGED TO 1969 BUDGET ED APPROPRIA TIONS Annual Cu rrent Current Spent & % of Budget Mon th Encumb. En c umb. Budget To Dat e Treatment $ 85 ,401.00 $ 8 ,768 .6 1 $ 48,580.76 5 6.89 Sanitary System 32,441.00 2 ,044.66 21 ,750.93 67.05 Administration Ace. & Coll . 13,362.00 1 ,107.50 8 ,776.00 Gener al 15,6 71.00 402.00 8,970.97 Total 29 ,03 3.00 1,509 .50 17 ,746.9 7 61.13 Debt Service 72 ,113.00 41.35 11 ,092 .27 1 5 .38 Ml.sce1laneous 22,500.00 20,975.35 93.22 Cap . Plant & Equipnent 25,600.00 3,253.47 5 727.37 22.37 Tot 1 Expense $267,088.00 $15,61 7.59 $125,873.65 4 7.13 I • . ' ' • Property Tax Sales Tax Interest Misce llaneous City Ha ll Bldg. Total Revenue EXPENDITURES Paving Dist. #17 Paving Dist. #18 Park Improvement Central Sh ops Aerial Ladder Fire Station #1 Relocation Police Reloca- tion Storm Drainage School Signals Hampden Bridge Sherman Bubblers s. Sherman & Ba tes Total Expense • 0 - FINANCE DEPARTMENT REAL IZATION OF ESTIMA TED REVENUES PUBL IC IMPROVEMENT FUND For Mon th of August, 1969 Anticipa ted Current To Date Revenue ~ $ 89,019.00 $ 9 ,271.13 $ 78,375.54 436 ,578.00 29,963.60 254,078 .17 3,700 .00 1,735.94 2 ,067 .27 so 000.00 $579 ,2 97.00 $39,234.73 $336,2 56 .92 • % of Est. Collected 88.04 58.20 46.92 100.00 58.05 & ENCUMBRANCES CHARGED TO 1969 BUDGETED APPROPRIATIONS Cumulative Current Current Spent & % of Aeeroer iation ~ Encumb. Encumb . Aeeroeriation To Dat e $ 9,132.99 $10,987.30 100.00 90,000.00 50 ,000.00 5 0,000.00 100.00 190,4 77.81 $7,300.00 11,000.00 5. 77 427.00 245,000.00 $309.28 1,851.03 .76 34,297.00 4,387.93 822.56 18.74 25,000 .00 613.65 2.45 5,770 .00 1,500 .00 750.00 ~656 ,742.73 ~309.28 ~7,300 .00 F S ,274.54 11.46 I • • ' City of Englewood School Dist. No. 1 Outdoor Pool Indoor Pool Sports & Games Cultural Activities Playgrounds Special Events & Programs Interest Income Other Income Total Revenue Outdoor Pool Indoor Pool Sports & Games Cultural Activities Playgrounds Special Events General Operations Total Expense • - • Depa rtment of Finance RECREATION FUND AUGUST 31, 1969 Anticipated Current Revenue Month $24,000.00 17,300.00 $ 1,477.07 13,950.00 2,486.30 12,650.00 2,319.69 13,100.00 2,451.58 12,100.00 1,649.85 725.00 2,640.00 55.00 100.00 978.97 To Date $1 2,000.00 6,651.84 6 ,385.69 4,936 .06 19,228.32 9,425.3 5 1,069 .12 356.63 1,8 13.99 $96,565.00 $11,418.46 $61,8 67.00 EXPENDITURES Annual Current Current Spent & Budget ~ Encumb. Encumb. To Date $ 15,721.00 $ 2,677.47 $ 9,515.50 20,501.00 1,991.97 8,704 .79 35,966.00 3, 721.49 25,710.03 18,517.00 1,494.74 12,946.22 6,177 .00 895.80 5,409.64 5,782.00 439.66 2,489.70 10,644.48 643.54 6, 151.43 $113,308.48 $11,864.67 $70,927.31 % of Est. Collected 50 .00 38.45 45.7 8 39.02 146.78 77.90 40.50 356.63 100.00 64.07 % of Budget 60.53 42.46 71.48 69.92 87.58 43.06 57.79 62.60 I • • \ ! I ' 'f • • 0 - Current Assets Cash In Bank Petty Cash RECREATION FUND BALANCE SHEET AUGUST 31, 1969 Savings Accounts Revenues to be Received Current Liabilities State Tax Withholding Social Security Fund Balance Fund Balance O.J. Miller Bequest Appropriations to be Expended Department of Finance Page 2 $ (205. 73) 50.00 10,936 .97 34,698.00 $45,479 .24 $ 436.55 1,010.88 865.98 784.66 42.381.17 $45,479.24 ·' \ ! 'T I • • - • • IN THE DIS.J."R IC'I CO' T I ~ A. comrrY a~ AL'\AP: .: :: STATE OF COLO J Civil Action o. 2r-733, vioion A CITY OF ENGLEI.JOOD , a Colorado municipal corporation, Plaintiff, vo. CP ru..E S F. KI 'GSLEY ; JOY B . PO'l""S; PA'I:l lCIA A . !'OTIS ; RIC ::hRD • GI E .• ' ; t,..ARJ • IE P GE , oa t . Cl r lt and ccor -r of Arc '-: Ccu nt y , Colorado; end ALL 0~.=. U . r ::!iu~,-:j p-RSO NS \. :o ~~ Y CI..A!H .N I N'I'ERES I 'IHE REALlY D..:. ClU ::o liE ~I , 'IHIS MATTER com ing to Amend Judgmcmt • .:::·:n::o l?I~:DI:.: o-Ft.CX . Ol" LAW A. D , ..... , ..... plo tif 'a Mo tion IT IS HEREBY 0 D th " in itt~ of · .... ct, Cor.clusiona of Lav and Judgcant" crcd oro he;:,_, y that the following fin ns -, conolu.Ji co en ju~nt is sub- atituted therefor: F • 1. 'Ihe City of E ng lo t~ gani:ed pur uo t to Ar of Colorado. Septembe r City t: • :GS C..: f .. c :: .. -J J 'I i mu .icip lity or- t St e :::::.'-..:.:> -or about 0 t --•-' hrouch , -:;_~ "1 -... -=-\..---v-2 _: ....... c_._:y I:n:lc- ") \:00 -._'"""_ ....... ___ ...... uh c pu:: or _, __ ..,._ c ?:..-· o ,; --- 3. -.. . -''""'·'---.-.~--On or 'L o-.: ' - 8 , l ~ 7 ' . ' . i n . 17, h r ... to r1 I • ·' \ I I , 1 • • r IN THE DI 'l.1UCT CO T I A. FO. STATE OF COLO . ~ Civil Action No . 26 733, vicio A ern OF ENGLE\1000 , a Co lorado municipal corporation , ?lointiff , vo . Ci!. RLES F . KINGSLEY ; J OY B . PO'l'TS ; P TRICIA A. POTIS ; RIC i!t.RD R . A~s-~::o nmn ::s oF Ft.cr , CO '· LUS :·s OF LAW A. D G!Z:.E •1S ; ~.ARJOR IE PAGE~ ao tho Cl Tit and ccordar of Arc &::c- Ccunty, Colorado; tmd ALL Cf£ ::a U ·,mo~.-: PE!'SO S l!HO !-lAY CI.AIH AN I .u::-t.EST IN THE REALTY DESCRI ..:.D ur:r-Et ~. Dof ndUtltO • THI S MATTER c oming to Amend Judgment. J ~~ rr pl..:l iff ' a Hot1on IT IS HEREBY 0 D that " in ~ o f ·'"'ct , Conclusiona of Lav and JudgJ::!cnt " ofo=o en c d ~ro he o y w tb ra~~ and that the following fin il'l2-, conclu 1 no an ju . n t is sub- atituted thorefor: CT l. The City of Englot , Co is mu .ic!p lity or- gAni:ed to t..= cl ~ of . o C ctit ion of t ho State o f Co lorado . 2. At ... :.1 September .:: .. -.. ---.,i J -·· _._ --c .___ --·---- -... -- \;00 --""'-'-"---- wb ch p r or ... ....... t in t c " .. _..,...; ."---- A c .. 'P o,; - it A . -_, 3 . On or ... • ;,...y --.. ._, tr • 1 t -.__ -..,;---· ~- t o . or about -.... o f t b hrougb , f r:nzle- = y h r .... to in • 17, s r1 I • • .• \ I I f ~ - • • ------------ of l 67 of th City of En3le 100 ( -rcicoftor r f rrcd o o the "now Subd ivision Ordin::. c "), :)~C.:: c ~ cti c , t::t!c re- p alod the foregoing or incnce provisions ~n =ccncc o t e 3 o with vuious cmcnc!m3n~a . A copy of t U. or irumco 1 attached h reto as Exhibi~ B nnd by this ref rene incorporated heroin. 4 . §21 .3-4 (b) of tho old Subdivi ion Crd1nanc purported to prohibit tho calo or e~hcr~ of r ~lty u. ao provia'ons of said ordinance , requiring t . pl ~re complied with &nd 21.6-4 of cutborizG th0 c ity to br n~ a . aalo of realty Whic of u lotte nroun , nc.ce purporte to any tranof r or ioi~~ of §21-3-4 ( ). 'Ihe new su· division 0:: .cr:..::e ~:1 :.:~c t --:·:u .. i.c _ al Co o o tho , as City of Engle~JOod amm:ulod by th the come prov oi~~ as 21 .3-4 (b) o ~ bo oub ... tontiGlly S ·~2~ ~ion Ordin- anco . Likcu _oe • § 21 . 7 o t o • .-;:m _ei .... 1 C do , a~ c:::c ~c~d by t o new Sub ... vi ic:l O~din.anc • pur. rto to ' c_cr a viola'!:io ~ of city to in3tituto lc~al procc mont thereof . a ju i.c .t.al abat - 5 . In cd itio toto f rccoi.3 rcvi ... i~o, e ach of t he hib1t1Q3 t ~ isou~ne not -n P--tted in cccor~~~ asid or i:l~. o and ~l o ur o _ o tho l'!un-:>a l Ccurt of t said or _ .. !:!1: • v or ... :..c t Subdivin o. Or in~~ to t c:t.::.c~nt of t C t y of I: .31 :o 20, l 7, et: ~lt y 'm1ch hac in f r w viol~tion o t ":.O t:!~-· th old •t prior Cbarl •• ~r~slcy divided cor in unpl~tt · ~ ~-tY ~:_ch b t r of to t .o dof n~ t J y ott d .c.tr_ • p t -2- t I • • , I ! I ' '! • • ~hieb parcel contcinod lcs o t 1a three (3) acrcn . 7. Subsequent to the abo cri -co.vc cncc , dof n- danta Joy B. Potts and Patricia A. Pot 3 c onv y d t c scms parcel to too do£ nda.'lt Ric~rd "'" i o l atter con- veyance , houovcr , did not eonctitut a "divisi n" o f r o l ty 'Within the ctJani 113 of either • c old Subdivi ion ordi~ or t he new Subdiv1aion Ordinance a nd c ouuo 1 for plaLnt f ha ad- vised t he Court that t hcoo 1 tter d f ndantc hcv _ n oincd her in for t ho aola purpooo of bringing before t hia Court 11 pcreona ~~o mny havo en intorco in t h litig t on . 8 . On or about Ma y 9, l 68 , t ho City of En ~lo wood institu this actio • wherein it c cckc to o t c ci~o on d h=vc dec l ared void, the conveyence from Ki~oloy bo_n~ in viola- tion o f §2 1.3-4 (b) of tho old Su b ivieion Ordinanco . CO.'CLt:'SIO \S OF LM~ 1 . The sole i sc~e i r.v vcd heroin ia tt~ validity of §21 .3-4 (b) o f t h-o Sut c i;_c·c~ o= n ~.c • Sine t h -n v Subdivision Or ~-~ ~~ no~ ~ ~c ~~t i l c~~cc -u nt to t o hns no di~ect a?pl ccbility to t hio cc~o . ~=. 1 the feet thct 521 .3-3 (b) o f he c ity ' pr::::: nt :"-"--c ccn t oius cubstwntially t h o c ~~ 21 .3-4 view o ?-1 c ,) b ) of t 3 old Su d ivision or i~"!co, t:;._ c ~ L=w hero n stated c '"ll ba .unlly a pp licable to 521.3-3 b ) o~ h~ pres nt 1-:uo _ci- pal Code of tho City of E 2 . Th ro ia not i nvo n .... y L .. v lidi y o f vali ity o 21 .3-4 (a) o f t h §2 1.3-3 (4) of t o r ported to c r 1 y ~ in the city 1 t ~-Cou rt dooo not , t ~~~o , for tho pur po o of t d t . ol Su bdivision Ordin.cnco c. of t ro ro cr ex rciooa of t ho eity 'a o lio -3- or t bob ny c= o~ lots -n ut ic:1 o I • f • • • • 3 . Tho :l.ocuos 1: '-'O v t:_:::uL., ::...:. , .... .:~ ~:.~tl r ·-~ c!. y , i n r ...,f! ir_n:.; reolty t -p _c. ... cd , c~y t::.:~ y ~y b::: sold u n til t h e .::=.:l !.:: l~ttc ( 0 2 .3-4 ( ) 0 old Su bd ivioion Ordi uar~c er .~ 21 .3-3 (b) o:!: t: •-cc·~ !;u Or dincnce ur ort to prov c! ) ":u:t. Clt t ia p:::o~ b ion a~3 innt ealo cay b enforced y in unctivc , or $ i ~=. cction (ea §21.6-4 of the old S divioion _c.:.n:::. c..= new Su ivi on Ordinc c o p ::port o -~ t ri= ). •• 7 of t , 4 . T a Court cor-clu tL.:!t 2 ... 3..-..!t • ) o!: t' .. o division Ordinance and £~1. -3 ( ) o f t1a ~ ~~ ~~viv on Crdin- cnca constitute unr 20 cblc r tlo title t o real property n o e v •• ! bey ' the cu.co of t he proper exercise oft c polic po:~ro . 5. Tho Court further co ::lu s thc t, to t::_ §21 .6 •4· o f the old Sub ivi :.". 0::-n .:::. o Municipa l Codo pu~port t tho prohibitiono o f .. 1 .3-· (b ) o f . 3 o S •bcliv_ and 21 .3·3 (b) of t~~ now ~ ~ vi ion arc likcuioo invulid . ,. o. 'othin;; heroin i s to o co ru aa · ol . __ .._.;) nf rc r di:-...:! ce provioicnu :. t §21 .3•3 (n) of tho old Sub -n.::...c or .2 .3-( ) o _ the present Municipol C Furthermore 1 in vic 1 o .: oi: t o c _ty t bo tvo O%'dinnne~.J p:rovi v ariouu yp~ t c Court conclu ' t to invalid a r or 1noue id . lid ty c hall t h=v "' y o f oct u p . eny other of t City of En.,lo a:>t r l of t h -; nic p 7. file a rDtion for Cc.Jrt , r..cv i03 c o .dudcd t l v ~ inval1 , the prco nt C ~1 n o t -4- I • ----·------------~--------------------------.. • not state a claim a gainst any d fend nt t at that C m- plnint should be dismissed in its en irety n~ ·nst 11 de - fendants . IT IS T HEREFO 0? ERED , ADJlJDGED AND DZCP..3ED a ollo-ws : 1. That the defe d n t Char l es F . Kingsley ' c ·~o tio for Summary Ju d cnt is hereby grant d , 2. That t his c~~rt s hou l d , and do~s he~e y, d cl re that t e following portio o o f the ·i n ci ·1 Co e of t • City of Englewood , as the same :d tc on _ nry 27 , 1967 , aro void and o f no force an eff ct : a. All o f §21 .3-4 (b) h re f . b, That portion of t:21.6 -L; t .::!r o · ~~ h · ports to authorize t he City to enjoi any t c~n fc r r sale of real proper y, or ny er ·c:::.::lnt the re or, u ich ia in purported viola tion o · t (b). 3 . That this Court should , n do s c ore th.!lt th following portions of t h pr sc .t . cipa Co of t e City of Englewood are vo d nd of no fore a . All of 21 .3-3 (b) t .~r of . b . That po r tion of 2 .7 t -of~· ic ur o ts to author- ize t he City to main ain 1 3~1 ection to nj oin or have set aside and d v oid , any trn sf r or sale o f any r al property , or ny agre th r for , ,ich is in purpor d v o l tion o f t he fi21 .3-3 ( ) l Co c o 4 . That this ju d~nt ~~ d cr any o her portion of C ptcr 21 of t t c Ci y of Eugletood . 11 h... no ef ct upon Coda of t City of E ~l ewood , s t h -s=me pr =cntly c.iots . 5 . Ih t judcmo c :::.Jl t , w th prcj ca. 3 to al l ~ oul b~, i a d said defendants sh 11 av j for all pro · r c os -5 - d I · • . , ' • expended by them. DONE ll 0 .c.H COURT thill <by o Z £ t c c:.bc~, l ~v :. ---- BY TEZ COURT: Aoprov d a to form: -6- .• \ { '! I . . • ---------------. c171-Of:"f:" courv 'c'4 •.. r;,tt.. oo I.. ~ •. ~.., cuM~fv7' srp l 5 ·~g RECAP OF PROPOSED PUBLIC SERVICE COMPA!r)j-~§D.J;UST~ENTS . 12tvG c ~...,,,, l..f2wo <.; ,..,L..~ oo Electricity within Englewood: ' Col..o. 1, Residential rates will decrease a pproximately 5 % or @ 50~ per customer. 2 . Commercial r ates: (a ) Denver r a t e lowe r tha n Englewood rate at some c on- sumption leve l s . (b) @50% Englewood customers have a lread y opted a nd are r eceiving Denve r r at es. (c) Those Eng l ewood c us tomers not electing Denver r a t es a r e , for the most p a rt, smaller commercia l users . (d) Englewood will be pl a ced on Denver r at e schedule which will result in a pproximately 6-!% to 7 % rate increase for those not on Denver rate schedule at present (under 25 KW). 3 . Industria l rates: (a) Majority customers will receive approximate 5 % r a te decrease, except; (b) Few customers who have little actual use in com- parison to standby requirements will receive in-crease. 4 . Traffic signal rates: (a) No change. 5. street lighting rates: (a) Proposed rate will reduce costs approxim ately $1,088 in 1970 from $69 ,000, or 1.6 %. Gas within Englewood: 1. State-wide increase ranging from 1 % to 10% with an average 5-!% increase. _ ,..-. I"" 2. Regional increase expected to affect only Boulder . . a nd Fort Collins within this region. , . p ..:. " / . ·.. tNJ (';:., ?;:, \co/ ' ..& ~ • .< Unresolved guest ions : 1. Electricity and Gas: (a) What w ill be new rates for pumping, City Ha ll, parks and other City uses (this requires determi- n at ion of what classification rate each of these u e fa ll s within)? 2 . as only: (a ) What a re s pecific rate increases proposed for Englewood within each classification (resillential, commercia l, industrial, etc.)? Office of C•ty 1anager Englewood, olorado ptember 1 2, 19 9 . . . I I • • ·' I I I ' '! - ' \ ~ ~ - • ~ 0 u ~ ROLL CALL BR OWN DHORITY KREILING LAY LONE PARKINSON SCHWAB . - • • t • • (J) (J) ~ :>< :s--,_....... -1/ v -v ~ ~ ~ l/" 7"~ [...I I . • • - • • ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB --- ~-------- 6/ I . . ·. •· ' r I • '! • • • . . ROLL CAL L BROWN DHORIT Y KREILING LAY LONE PARKINSON SCHWAB J ~ ------- I . • . , •' \ ! • • 'r - ~ • !@ 0 (.) ~ ROLL CALL "'= BROWN DHORITY KREI L ING LAY LONE PARKINSON SCH WAB • ' . 0 ·, • ~ I . • f .• I ! ' . , ! - 0 0:: z [:l 8 ~ ~ ROLL CALL BROWN DHO RITY KREILING LAY LONE PARKINSON SCHWAB • 0 - ;;r ~ I I . • . ' - / ~ • ~ 0 tJ ~ ROLL CALL BROWN DHORI'rY KREILING LAY LONE PARKINSON SCHWAB .----------------~-----~--------------- -. . ;:c § I . • ~ ~· • ~ 0 (.) ~ ROLL CALL BROWN DHORITY KREILING LAY LONE PARY.INSON SCHWAB &. / I) -- • 0 • ;;t z /~·~1 5//0 57 ~------ /)0~ ?.r~ ~~b p ~-G ,---~~ -7/ / 6 ·.e ~~· . [ &.-. ~ ' ,_a, v !" 'I/ /. <:"' <:t. 6» CR; / ~ ~ / //0 s: ,< p-- '__,1 /~?~· I . • , I .• I ! - ~ l l (@ 0 u ~ ROLL CALL Ul ~ BRO WN DHORI TY KR EILING LA Y LON E PA RKINSON SCHWA B • • • Ul >< ~ ----- -- I • • .• \ . 1 ROLL CALL ~ ~ L-BROWN DHO RITY KREILING LAY LONE PARKINSON I SCHWAB • Ul Ul ~ >< § I • 0 - / / I· • ..... . , .• I I I ~ I • !@ 0 () ~ • 0 • .. . ROLL CALL Ul Ul ~ >< :;; BROWN I DHORITY KREILING LAY -LONE PARKINSON __, SCHWAB ..... jJ/i /a~ ::r~~~ t P~J/ :~, ,/ ~~/ 1.( /~' ~;/ _,P, /--~ .. {/'-.. ./.' ·r /, -~-f.', ,I /; .. -/4. 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SAL. . . • I . • ·' \ I I I • '! • - 0 - ROL L CALL til til ~ ~ r.l :>< BROWN ~ ;2 - DHORITY KREILING - LAY - LONE - PARKINSON - SCHWAB - I . • ' .· ' r • .,. • 0 - ROLL CALL UJ Ul ~ ~ ~ >< BROWN :;;. L-DHORI TY ......-- 1-KREIL ING [..;. L-LAY L -LONE t I ~-::.::::;:;; ~ I PAR KINSON -f._... ~ S CHWAB I -::::;::::::" - / I • • . ' " .• I ! • • 'r • -• • ROLL CALL u ....& ~ ~ ~ BROWN I J DHORITY KREILING LAY LONE -PARKINSON SCHWAB I . • . , f • -• • '· - ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB I . • .• I ! I • ~ .-----------------~----~~~~ 0 • ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB I . • • I ..• \ ! I • • . . - 0 - ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB J .,{q-~ _/fZ I . . ·' I ! ' • '! • 0 • ROLL CALL < • I . • . 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' r • ,--/-\ ~· ->II I . • . . . , •• ' r I • • OFF "CIAC CITY C OU NC IL DOC UM ENT Rr,.-'1 ~~ Tt') SEP 1 5 '69 A BILL FOR r\~! C. .. J !l:.. !!W P~?E l-.L ~·:G ~'\. (.,-;? 'I.:Z !:--· .. :rCI ?!.L CO~: C::' '..::..-c::' OF c:~::w ::OCD, A.,'J lC -::?:t.cr ::~~ •n :: S. lZ lJ I'.L l A .SUD.Z:t:TS , TO A 1:, ·::.rz : c 'I c. ~ G L , :y .~.l !C~~ c. r.:::so-:..mro .:. r ~.:; .t.r.L sa CC:::::::m:An :I F O:l JU!:3::S S3:'V r : . .:; :;: C C .L A,:> SPECIAL L ·r~ CI P L I:Li~CTI O~ S AND ::c .R :;.:; ,N EE I T OR L'AU:ZD BY T!:: CI ~ c ~ .~C!L 0 r · ~ CITY CF E.l ;~:r;:: i COD, C O LO~D O, as fol loW3 : Co c o_ t h o City o ~ Eng l e - r • =~~~~ rc ~ o l Sect i on 2 . In v cw o f h~ 4 ~Lno~~y of a 0 c n ornl ncnic a l elcctio . n.d t ho u r~cnt nee d to rc~~~c c~c c t _o . 1 co~~o ~- at icn , Cit y C u ncil h rc~y ci .;} :-.rc.; . ·· t c..~1 :r::J .:.,:: •• ::y c::ict s nc ::e s si t<l t in~ the L--=:1 ~d nto c •~-C tr:~n t of thi:; ord to pr e - s e rve t he pu lie "' 1 , s.::.:: ty a r:d '?~L.:.::-.. , b of u h i c h t t i o ordinance sh 11 b c or::3 effect vc i=n~ i ts f nol p .:l0 Gll3C • In ·r ·uced , r ___ dny 0 s p t 0 t c Pub liohe d as e Bill for an Or din o3ce on t h e day of --------· 1969 . --- May or Attest: City Clerk-Treasurer I, Ste ph e n A. Lyon, do hereby c e rtify t hat t he a b ove and fo r ego ing is a true, a ccurate and compl ete co py o f a Bi l l for an Ordinanc e introduced, read in f ull a nd passed on f i r st re ad ing on the day of , 196 9 . CLty Clerk-Tr a ur e r I • • . , .• I (