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Home My WebLink About1969-12-29 (Special) Meeting Agenda Packet- .. • - December 29, 1969 Special City council Meeting • I • • - • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 29, 1969 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe Count y, State of Colorado, met in special session Monday, December 29, 1969 at 6:10 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, DECEMBER 29, 1969 -5:00 P.M. The City council of the City of Englewood, Arapahoe county, Colorado, is hereby called to a special meeting in the City Hall, 3 400 South Elati Street , to consider and take action as may be deemed desirable or necessary b y the City Council in obtaining an extension of bus service to the community beyond December 31, 1969. 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/ D. J. Dhority /s/ Howard R. Brown /s/ Elmer E. Schwab /s/ Louis Parkinson /s/ John c. Kreiling /s/ John J. Lay 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: coun ci lmen Brown , Dhority, Kreiling, Lay, Parkinson, Schwab . Absent: councilman Lone. The Mayor declared a quorum present. C~ty Manager D~al discussed with members of Council a proposed greement between he City of Englewood, Littleton, and Sheridan and Mr. Ernes Herbertson whereby the cities agreed to pay Mr. Herbertson a set amount from January 1, 1970 until such time as the three c~t~es can agree to take over the operation of the bus line, said date estimated as February 1, 1970. C~ty Manager Dial set forth the main points of the agreement. • ' • COUNCILMAN PARKINSON MO VED, CO UNCILMAN DHORITY SECONDED, THAT THE PROPOSED AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, LITTLETON, AND SHE RIDAN AND MR. ERNEST HERBERTSON FOR THE CITY OF ENGLEWOOD TO ASSUME BUS SERVICE FOR THE COMMUNITY BE APPROVED AS TO FORM WITH THE ADDITION OF A SEVERANCE CLAUSE AND THAT THE MAYOR AND CITY CLERK BE AUTHORI ZED TO EXECUTE THE DOCUMENT. Upon the call of the roll, the vote resulted as follows : Ayes : coun cilmen Brown, Dhority, Kreili ng, Lay , Parkinson, Schwab. Nays: Non e . Absent: Councilman Lone. The Mayor declared the motion carried . COUNCILMAN KREILING MO VED, COUNCILMAN PARKINSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown , Dhority , Kreili ng, Lay, Parkinson, Schwab. Nays : None. Absent : Councilman Lone. The Mayor dec lared the motion carried and the meeting adjourned at 6:30 P.M. I • • • • December 29, 1969 NOTICE OF CALL BY THE MAYOR FOR SPEC IAL SESSION OF THE CITY COUNC IL MOND AY, DECEMBER 29, 1969 -5:00P.M. The City Co uncil of the City of Englewood, Arapahoe County, Colorado, is hereby c alled to a spe cial meeting in the City Hall, 3400 South Elati stree t, to c onsider and take action as may be dee med desirable or necessary by the City Council in obtaining an extension of bus service to the community beyond December 31, 1969. STANLEY H. DIAL City Manager SHD/ij ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colo- rado, do hereby acknowledge receipt of Notice of the above special session: xr~ ,::;{u/d /?/1 4/ ~0'1.;> ·' \ I I • I I • • f • • AGREEMENT This Agree ment, made and e ntered into thi s ___ day of-------- A. D . 1969, by a nd between the City of Englewood, a municipal corporation, re- (erred to herein as "Englewood "; t he City of Littleton, a municipal corporat io n, referred to herein as "Littleton "; the City of Sheridan, a municipal corporation, referred to here in as "Sh e rid a n ", a nd Mr. Ern est Herbertson , dba the Engle- wood-Li ttl eton -Fort Logan Bus L ine , referred to herein as "Herbertson " witnesseth: WH EREAS, Herbert son ho ld s a val id certificate of public necessit y a nd con - venience , being Certificate No. 50 is s ued by th state Public Utiliti es Co mmi ssion; a nd, WHEREAS, pursuant t o said authority Herbertson h as provid d nd does no w provide publi c bus transportation to the r esidents of Englewood, Littl eton a nd Sheridan; and, WHEREAS, Herbertson h as made known to the City Co uncil s of the respective cities, Englewood, Little ton and She ridan, that he can no longer cont in u public bus transportation to the residents of said areas without further financial assistance; a nd, WHER EAS, in the event that Herb e rtson were to a ba ndon a nd discontinue ope r ation o f th1s public transportation, c onsiderable inconvenience a nd s ub- s t a nti al hards h ip to large numbers of the residents in th e muni cipali t ies now erv d will result; NOW , T HEREFORE, IT IS MUTUALLY AGREED BY AND BETWEE T H E PARTIES HE RETO AS FOLLOWS: (1) That He rb e rtson here by agrees to continue the operatiOn of th public bus transportation system as he has previously done without diminution of ervic , through, a nd inc lu ding, January 31, 1970 . (2) That Herbertson s h all give to t h Cit of Englewood an option to a quir th Public tillti Commission per- mit, being Permit No . 50, subj ct to th appro al of t h ( onbnued) I • • .. •' \ I I , or - • • Public Utillt1 s Commission of the stat of Co lorado for the purchase price of $5,000, said option s hal l run for a period not toe cecd slxt (60) da s from the date o f January 1, 1970 . (3) Thai Englewood may, at its option on or after February 1, 1970, and for a reasonable period of time thereafter, hav e the full use of three (3) bus s presently in u se by He rb e rt- son for t he purpose of continuing and mamtaining the ser- vice as provided by present routes . As soon as replac e- ment buses have be n acqu1red, the t hree exis t ing bu ses s hall be conveyed to H rbertson to b disposed of as he sees fit. Englewood s h a ll return the buses to He rbertson in essenti a ll y the same condition as they were in when Englewood began us e of them. (4) T he City o[ Englewood h ereby agrees to reimburse He rbertson for any loss or deficit that he m ay incur in the operation of the E ng l ewood-Littleton-Fort Logan Bus Line during the month of January , 1970. The meaning of the word "d eficit" s hall not include expenditure s mad e b y t h C1ties or depreciation of any kind taken upon real or personal propert y of t h e Englewood-Littleton -Fori Loga n Bus Line, but s hall inc lude a ll oth ers in clud ing salaries, epairs , etc . Herbertson will m a k e o nl y s u c h expendi - tur as are r easonabl e a nd necessary for con tinuation of bus s rvice during J a nu ary, 1970. P ayment t o H rb rtson in the e vent of loss or deficite s hall be made o n the basis of a n a ud it of actual e xpenses as evidenced by receipts and can cell d c hecks , etc. (5) In th vent that th C1ty of Englewood, under t he terms of this agt·eement, s hall be r qu1red top y to Herbertson any lo s or defic1t appearing durmg the month of Januar , 1970, th cities of Littl ton and ~endan will reimbur th 1t of Eng! wood on th followmg basis upon Eng! - -2 -I • • • • wood's pr •sentation of paid vo uc hers to He rbertson as her in above provided . W1thin th1rty (30) days there- after , th C1ty of Littleton shall pay to the City of Engle- wood the sum of forty per cent (40 %) of such c h a rges and the City of Sheridan s hall pay a total o f fiftee n per cent (15 %) of s uc h c harges . It is mutually agreed b e- tween Englewood , L1ttl eton, Sh eridan a nd Herbertson, t h at t he above agreement amends a nd supercedes a ll previous agreem e nts h eretofore e ntered into between said parties . (6) That this agreement s hall inure to th e be nefit o f a nd be bi nd ing upon t he heirs, executo rs, adm mtstrators, ass igns a nd s u ccessors or res p ective parties hereto. IN WITNESS WHEREOF the parties hereto have here unto set their hands, the day a nd year in this agreem e nt first above wr itte n. CITY OF E NGLEWOOD B y __________________________________ _ Mayor ATTEST: C 1t Clerk-Treasurer C I TY OF LITTLETON B --------~~--------------------Mayor A TTE T: it Clerk-Teeasurer C ITY OF SHERIDA By----------~----------------------l a or ATTEST: -3 - I • • .--------------------------------------- ·' ERNEST HERBERTSON dba Englewood-Littleton-Fort Logan Bus Line -4 -I • • • - . / • ~ ~ 0 (.) ~ ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB ;- • 0 - _1,t_ ...z_ L ~L ~ ~ ~ ~ ~ L V.:,- L ~ ....!!:: I . . • 0 - . ' ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB I . • •