HomeMy WebLinkAbout2005-01-10 (Regular) Meeting Agenda Packet--
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Regular City Council Meeting
January 10, 2005
Ordinance 11)-<5<)<}<·~-;'6, 7, 8, 9, 10
Resolution II y Y, 3, 4, 5, 6, 7, 8, 9, 10
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular s-ion
Juuary 10, 2005
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:33 p.m.
Mayor Garrett said lets have a moment of silence for the victims of the tsumani in southeast Asia.
2. Invocation
The invocation was given by Council Member Barrentine.
3. Pledge of Alleglance
The Pledge of Allegiance was led by Mayor Garrett.
4. RoUCall
Present:
Absent:
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
A quorum was present .
Also present: City Manage!' Sean
City Attorney Brouman
Assistant City Manager Aaherty
Director Gryglewicz, Finance and Administrative Services
Director Black. Parks and Recreation
Director Kahm, Public Works
Engineering/Capital Projects Administrator Henderson, Public Works
5. Consideration of Minutes of Previous Seaioa
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUT~ OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 20, 20M.
Mayor Garrett asked if there were any comments, questions or corrections. There were none .
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
6 . R«opition of Sclleduled hhlk C-.t
(a) Mayor Garrett said we have Becky Todh11111er from the Comenlone Church at 4300 South Lincoln
Street. and she would hke 10 request funds fo, the food bank at the chun:h .
M . Todhunter said I run a food bank. I am the Director fllf COllallODe Church in EnaJewood. I am lw:R IO
request funds and, alM>. just to let you know who we rq,rescnt. We are a food bulk and we do mll require -,t,ody
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Enclewood City Council
January 10, 2005
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to give any financial information as to why they think they need assistance. Whether they are working or not , .omc
feel they need extra food to get through the week. For some it is the choice between medicine or food. We try not
to put anybody in an uncomfortable position . We have been going for two years and we arc feeding anywhere from
250 to 350 people a week . It is getting larger and that is without advertising, because we can't advertise, we don't
have the funds for that. But, there is a greater need. We arc having more and more women with children ... even
having more and more people from working families . Where the husband and wife arc both working, but they arc
not making it. We feel that we arc their connection to be able to keep from becoming homeless . Some of them arc
on the street and they come off the street. Some of them arc diabetic and we try to get them food for their specific
eating requirements to keep them as healthy as we can. Some hitchhike to our place ... when they come we get them
rides to bring them back to where they need to go. We try to provide the service for the children. Whatever we can
get them and we try to give them information. Some of them do not have phones and cannot make phone calls.
Whatever we can do, wc try to do for them. But, the funds arc very limited and we do need funds . We also want to
let you know that we arc available. I do know that Rocky Mountain says that for that area we arc the only food bank
:.':::: :!:~;· =mmcnd, because that is the only one they know about in Englewood . I don 't know if that is true and I
have not called around to sec if there is another one. I do know that most food banks will not help you, unless you
live in a certain area. We don't do that. Most of our people arc from Englewood, but we have them coming in from
Sheridan, Aurora and Denver, because sometimes they don't fit the criteria. If someone thinks they don't need the
food, they don't get it and we don't do that to them . So everybody is welcome under any circumstance. If we can
help them out, then that is what we try to do. So. I am here to ask if there arc any funds available . We arc in
desperate need . Right now we arc running on about $500.00 a month. We have a rundown van. Councilman
Woodward came down and I don 't know if he saw that, but that is what we use to transport most of our food . It is
barely running. Then we also have car insurance and gas expenses. That is where wc arc at right now . We fill our
freezers and our refrigerators and if we cannot store anymore, because we arc so limited in space, we pass that on to
a food bank that is in need. We arc looking for somebody to donate space for us, because we arc so limited as to
what we can take in . I don 't like to have to turn down food, but we have very limited storage. We need more space
so that when arc funds arc low wc can tide ourselves over. She said do you have any questions?
Council Member Woodward said I would like to mention that I first heard about the food bank at a Block Captain's
meeting of Neighborhood Watch . One of the fellow block captains had brought it to my attention and had invited
me to come on over and take a look. So one Friday afternoon, in early December, I went over. I was really
impressed. They had a number of volunteers putting together food boxes to be handed out on Sunday, I believe. In
the basement of their church they had a clothing store and all different types of household materials for these people
in need who were coming in . Becky happened to be sick that day and not there. Becky and I were neighbors . I've
known Becky for 15 years or more so I can personally vouch for Becky and her husband. They arc very involved
and do a lot of great things for a lot of people and have for years. So if there is anything that we can do, I know that
it would help the community and help the people that need it . Ms. Todhunter said thank you.
Mayor Garren said thank you very much .
7 . Recognition of Unscheduled Public Comment
(a) Ra che l Kafadcr introduced Amber Fetzer and Michael Munds. She said we arc students at
Englewood High School and Amber and I arc part of the National Honor Society. We arc representing that portion
of our club this evening. I am going to let Amber explain that we arc here to request funds for the tsumani relief
effort and we would like to tell you about a few projects that we arc starting.
Amber Fetzer said we came up with the idea to support funds for the victims. We came up with the idea to raise
funds for the victims by conducting a copper/silver war among the classes and we will be setting up change ju1s
throughout the community to collect coins and money for the victims and we were wondering if you had any spare
relief funds that we could have to support our cause.
Ms. Kafader said we arc running this through the Red Cross. Michael is actually spearheading our project and lhe
National Honor Society is assistinll him al this point, but we can use all the manpower that we can get tryiq to raise
funds . We just feel 1ha1 11 is the right thing to do. It is our responsibility to build camaraderie with our fellow
countries. I think we all wish that someone would do it for us if wc were in that si tuation . So. ~ arc jUSI here
rcque ting anything. every little bit helps . I know that Michael is starting to work on a bowl -a-thon to help with
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Eq)ewood City Council
January 10, 2005
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funds . I know our goal altogether, with all of our clubs throughout the community, is to raise $15,000.00. We arc
here just to request funds from the City and every little bit helps .
Mayor Garrett said thank you very much .
Michael Munds said I want to try to get the other schools in Englewood involved ... such as the elementary schools
and middle schools, as well as Englewood High School. Thank you for your time .
8. Communications, Proclamations and Appointments
(a) A letter from Barbara Fout announcing her resignation from the Englewood Board of Adjustment
and Appeals was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RF.SIGNATION OF BARBARA FOUT FROM THE ENGLEWOOD BOARD OF ADJUSTMENT AND
APPEALS.
Motion carried.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no items submiued for approval on first reading.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I), (U), (W), (Iv) and (v) AND 9 (c) (I), (U), (W) and (Iv).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. I, SERIES OF 2004/2005 (COUNCIL BILL NO. 63 ,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE RESCINDING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE AND AUTHORIZING AN AMENDED
INTERGOVERNMENTAL AGREEMENT PERT A.INING TO "OPEN SPACE" TAX SHAREBACK FUNDS.
(ii) ORDINANCE NO . 2 SERIES OF 2004/2005 (COUNCIL BILL NO. 64, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD. COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL
PROVIDE ENGLEWOOD PUBLI SCHOOLS WITH VEHICLE MAINTENANCE .
(iii ) ORDINANCE NO . 3. SERIES OF 2004l200S (COUNCIL BILL NO. 65.
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD. COLORADO AND THE CITY OF SHERIDAN. COLORADO WHEREBY ENGLEWOOD
WILL PROVIDE THE CITY OF HEIUDAN WITH VEHICLE MAINTENANCE.
(1v) ORDINANCE NO. 4 , SERIES OF2004/200S (COUNCIL Bll.L NO. 67.
INTRODUCED BY CO NCIL MEMBER BRADSHAW)
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EnaJewood City Coundl
January 10, 2005
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AN ORDINANCE AMENDING TITLE 12, CHAPTERS ID, 2, 5, AND 8 OF THE ENGLEWOOD MUNICIPAL
CODE 2000 BY CLARIFYING THE POLICY FOR ALLOWING PROPERTY OWNERS TO "OPT-OUT' OF
THE CONCRETE UTILITY PROGRAM AND CLARIFYING THE PRIORITY FOR CREDITING UTil..ITY
PAYMENT.
(v) ORDINANCE NO. 5, SERIES OF 2004/2005 (COUNCil.. BILL NO. 68,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR FY04
MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM BETWEEN THE DENVER REGIONAL
COUNCil.. OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Motions
(i) RESOLUTION NO. I, SERIES OF 2005
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND
FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL
NOTICES OF THE CITY OF ENGLEWOOD FOR 2005.
(ii) RESOLUTION NO. 2. SERIES OF 2005
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION FOR THE 2005 BUDGET OF THE
CITY OF ENGLEWOOD, COLORADO.
(iii) REPLACEMENT OF THE BROADWAY AND KENYON TRAFFIC SIGNAL.
(iv) PURCHASE OF A JACOBSEN HR 9016 MOWER FROM ELLEN EQUIPMENT,
LLC, IN THE AMOUNT OF $66,463.00, THROUGH THE GOVERNMENT SERVICE AGREEMENT PRICE
UST.
Vote results:
Ayes : Council Members Banentine, Moore. Bradshaw. Garren. Wolosyn.
Woodward. Tomasso
Nays : None
Motion carried.
10. Public Hearin& Items
No public hearing was scheduled before Council.
11 . Ordlna-, Resolution and Motioas
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading .
(b) Approval of Ordinances on Second Reading
There were no additional items submined for approval on second readina. (See A,enda llem 9 -COMCIII Aaenda )
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval . (See A,enda llem 9 -COlllelll A,-da.)
12 . Geaeral DIKuaioa
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Eqlewood City CouncU
January 10, 2005
Paces
(a) Mayor's Choice
Mayor Garrett did not have any matters to bring before Council.
(b) Council Members' Choice
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(i) Council Member Barrentine said I wanted to thank the Public Works Dcpanmcnt for
looking into some concerns involving the area around the Gothic Theatre regarding parking. While that discussion
came up in an odd way, it generated a discussion about the permit parking that had to go into that community, the
original agreements the Gothic Theatre made when they originally went into that community, the possibility of
trying to use the shuttle to enhance the night life on Broadway and maybe access some of the parking for RTD that
is not being used as much at night and sec if we can't help the City all the way around with our image. So while it
may be their own fault when the youngsters arc towed ... maybe they arc not reading the signs .. .it doesn't leave a
good taste in the mouth of people corning down here for night life in the City. So, they have come up with some
very nice ideas and arc pursuing those things and I appreciate the hard work that they have put in . Thank you.
(ii) Council Member Bradshaw:
I . She said kudos to Public Works for the job they did with the last snow storm that we had.
2 . She said I would like to make a comment to the National Honor Society students. You guys arc great and
thank you so much for caring. It is very unusual, I think, in this day and age that we sec adolescents who can think
outside themselves . So, you arc a credit to your school and your families . Thank you. There was applause .
(iii) Council Member Wolosyn:
I . She said I was going to bring attention to the two requests we received tonight. I know you checked to
make sure we have $1,000.00. Mayor Garrett said yes we have $1,000.00 of discretionary funds that we did not
allocate in our Aid to Other Agencies budget.
Council Member Bradshaw said okay, so we could give $S00.00 to the Food Bank. Mayor Garrett said do you want
to basically deplete all the funds? That would be the question. Ms. Bradshaw said I know, but the food bank sounds
like they are really in need . I don't know how the rest of the Council feels, but I would feel comfortable with
SS00.00 going to the food bank.
Council Member Wolosyn said I feel comfortable with that too and I'm thinking maybe $100.00 to help kick off the
tsumani fund . Ms. Bradshaw said absolutely, no problem.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, 'FO USE U00.00 OF THE
DISCRETIONARY FUNDS: $500.00 TO THE CORNERSTONE CHURCH FOOD BANK AND $100.00 TO
THE ENGLEWOOD HIGH SCHOOL NATIONAL HONOR SOCIETY FOR THEIR TSUMANI RELIEF
EFFORT.
Counc il Member Wolosyn said we will be looking for those change jars around town.
Mayor Garrett asked if there was any discussion. There was none.
Vote ffSUlts:
Aye :
Nays:
Motton carried .
Council Members Barrentine, Moore , Bradshaw. Garrett. Wolosyn.
Woodward . Tomasso
None
2 . he said llapp Ne Y car to everyone.
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F.aatewoocl City Council
January 10, 2005 .... ,
13 . City Maaqer's Report
City Manager Sears did not have any matters to bring before Council .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
IS . AdJoum-t
MAYOR GARRE'IT MOVED TO ADJOURN. The meeting adjourned at 7 :47 p.m.
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 1 O, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call to order. Q :33 .,PAllv'
MOMENT OF SILl!NCE FOR THE VICTIMS OF TIIE TSUMANI
2 .
3.
4.
5 .
Invocation.~
Pledge of Allegiance . ~
Roll Call . au '7 ~
Consideration of Minutes of Previous Session.
Minutes from the Regular City Council meeting of December 20, 2004.~
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .)
7.
8 .
a. Becky Todhunter from Cornerstone Church, 4300 South Lincoln Street, would like to
request funds for the food bank at their church.
Recognition of Unscheduled Public Comment. (P lease limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
continued to General Discussion .) a.. Amber Fetzer <miucsled fllllds for EnaJewood High School
Rachel Kafadcr National Honor Society
Michael Munds Tsumani relief effort
Communications, Proclamations, and Appointments .
a. Letter from Barbara Fout ~~oun;inJ her ~esignation from the Englewood Board of
Adjustment and Appeals~
Please note : If you have a disability and need auxiliary aids or services, please ,;otify the City-of Englewood
(3 03 ·7 62 ·2405) at least 48 hours in advance of when services are needed . Thank ou.
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Eng lewood Ci ty Council Agenda
Jan uary I 0 , 2005
Page 2
9.
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Consent Agenda Items . 0/ , . ·
~W /,tO()UJ t() ,fff~r/E. ~l)T ~ ITU~ 1t.n)1 iii1111-i A-JJ/J
a. Approv~Ordinances on First Reading. C/~i /i !!/ ~Ill
tJ?tJ-11-I
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b . Approval of Ordinances on Second Reading .
i.
ii.
iii.
iv.
V.
Council Bill No. 63, rescinding the previous intergovernmental agreemen t and
authorizing an amended intergovernmental agreement with the Arapahoe County
Commissioners pertaining lo the Arapahoe County Open Space Tax Shareback
Funds.
Council BtH No. 64, authorizing the Mayor to sign a four-year lntergovernmenlal
Agr m nt wilh Englewood Schools for the provision of fleet maintenance.
Coun ti Btll No. 65, authorizing the Mayor to sign a four-year lntergovernmenlal
Agreement wtth the Ctty of Sheridan for the provision of fleet maintenance
Counctl Btll o . 67, mending Ti~ 12-3-12, Subsection F, to clarify the #opk>Ut"
proVJ ,ons of the oncrele U1tltty Ordinance.
Coun ti Btll o . 68, approvtng an lntergovernmenlal Agreement with the Denver
Reg,onal ounul of GoverMlenlS regardiog the FY04 Miscellaneous Equipment
Pur cha e Program .
c. Resolution and Motions.
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i. Recommendation from the Department of Finance and Administrative Services, City
Clerk' Office, 10 adopt a resolution designating the Bulletin Board on the north side
of th e second floor of the Englewood CIVic Cenler as lhe Official Posting Place for
all Legal Notices of the City of Englewood for 2005. STAFF SOURCE: Frank
Gryglewia, Dirtttor of fNnee, Md loucrilha E ... Clly OetlL
ii . RecommendJhon from the Department of Finance and Administrative Services to
adop t a resolu tion approving a Supplemenlal Appfopriation for 2005 Legislative
Budget for Aid lo Other Agencie . STAFF SOURCE : frank Qyaiewlcz, Dfredor of
Finance and Administrative Se~kes.
111 Re o mm endahon fr om the Dep rtment of Publte Works to approve, by r1J2!ism..
replace ment of the Broadway and n on Traffic S,gnal. STAFF SOURCE: David
Henderson, Engillffrinl/Capilal P,ojKta ~.
f Pill and Recre.-.tion to approve, by
I er. St.lH recommends awarding
I of 66,463 00. through the
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Englewood City Council Agenda
January 10, 2005
Page 3
Government Service Agreement Price List. STAFF SOURCE: Jerrell Black, Director
of Parks and Recreation and Dave Lee, Manager of Open Space.
10. Public Hearing Items. (No Public Hearing Scheduled.)
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11 . Ordinances, Resolutions and Motions.
a .
b.
C.
Ap~ of Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Re£ons and Motions.
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12 . General Discussion :
a. Mayor's Choice.
b . Council Members' Choice.
APPD7-0
13. City Manager's Report.
14. City Attorney's Report.
15 . Adjournment. Q.'t/1~
WOI..OSYN MOVED TO USB $600.00 OF1llB DISCRBTIONARY PUN CS :
$500.00 TO 1llB CORNBRSTONB CHURCH moo BANK ANDS 100.00
TO 1llE ENGLBWOOD HIGH SCHOOL NATIONAL HONOR SOCIETY FOR 1llBIR
TSUMANI RELIEP EPR>RT.
The following minules were transmitted lo City Council between December 17 and January 6 '1 4.
• Englewood Housing Authority board meeting of October 6, 2004
• Englewood Public Library board meeting of November 9, 2004
• liquor Licensi ng Authority Telephone Poll of December 1, 2004.
Please nole: If you have a disability and ne ed auxiliary aids or services, please notify the City of lnat-oocf
(303 -762-2405) at least 48 hours in advance of when services are needed. Thank
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, AllAPAHOI COUNTY, COLORADO
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Decealler-28, ltN
The replar -0111 of the EnsJewood City Council wu called 10 order by Mayor Garrett at 7:33 p.m.
2 .
The ilnoalion was sivcn by Council Member B.,_ine.
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The Pledp of Allepnce wu led by Mayor Garrett.
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Prae111 :
Abeelll :
Council Members TolllUIO, Moore, Barrentine, Garren, Bradshaw,
Wolosyn, Woodward
None
A quorum WU preselll.
Abo prese111: City Mauser Sean
City Anorney Broczman
City Clerk Ellis
Director Olson. Safety Services
Planner Frucbd, Community Development
Operaliom Mauser K.avilllky
Director K.a1un. Public Worts
Easineer IV Henderson. Public Worts
Traffic Eqineer V011ry, Public Worts
Senior Planner Graham, Community Development
5. ComWeradoa of M...,_ of PreYious SeaioD
(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES or THE REGULAR CITY COUNCIL MEETING OF DECEMBER 6, 2004.
Mayor Garrett said are there any comments or com:ctions. There were none .
Voce .--Ila:
1 n earned.
Aye : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn,
Woodward, Tomasso
Nays : None
(a) Mayor Garrett said Police Officer Nancy Peterson is here IO advise City Council that the City of
Enalcwood 1w received an award from the National Auociation of Town Watch for "Outstandin& Participation" in
lhe 2004 National Ni&ht Out events.
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Englewood City Council
December 20, 2004
Pagel
Offi cer Peterson said we did receive another beautiful plaque for our panicipation in National Night Out , once again
this year, so I wanted to show it off. She passed it over to Council so they could see it . Officer Peterson said we
have done well throughout the years . This is, I think, award number eight through National and in all reality it
should be at least ten , but I didn 't realize how well our National Night Outs were attended so I never submitted for
the awards ... so I've shorted you a couple, I'm sorry.
Mayor Garrett said do you have some of the vital statistics from this most recent National Night Out?
Officer PelCrSOn said we had over 200 Englewood neighborhoods panicipate in National Night Out and they were in
all different sizes. Some were huge where they had numerous blocks attending and others were real small and
intimate for just the individual blocks . The blocks figured out their own pany ... what they wanted to do, what they
wanted to have at the party and they just let me know what it is they are doing and when they are doing it so that I
can try to have City officials visit their pany. Englewood does a great job with National Night Out. We are proud
of it and our Neighborhood Watch Program.
Council Member Bradshaw said and a lot of that is to your credit Nancy. Thank you .
Mayor Garrett thanked Nancy. Officer Peterson said thank you very much .
Council Member Barrentine said the fact that I am a new block captain . and I got involved and did it , was II result of
your insistence and persuasion. So a lot of that is to your credit ... thank you very much .
Officer Peterson said thank you . In fact, Mr. Woodward and Ms . Barrentine held their National Night Out panics
together ... a coordinated effon . Mr . Woodward said yes, we did . Ms. Peterson said Ms . Barrentine kind of walked
into my office and got shanghaied, I think that was the word you were looking for. was that it? Ms . Barrentine said
yes ... that will work . Ms . Barrentine said we had a good attendance and we had a fun time . Ms . Peterson said
maybe you will be doing it again next year . Ms . Barrentine said yes . Ms. Peterson said that is good and everyone
who holds a National Night Out really enjoys it and the camaraderie that happens in the neighborhood after a
function such as this is great and you really get to know one another so much better. In the end that really helps
calm down any neighborhood problems that may have been going on, so communication is key .
Mayor Garrett and Council Member Bradshaw both thanked Officer Peterson.
(b) Mayor Garrett said members of the Keep Englewood Beautiful Commission are here to present the
2004 Holiday Lighting Awards .
Planner Fruchtl said I am the staff liaison for Keep Englewood Beautiful. At this time, on behalf of Keep
Englewood Beautiful, I would like to thank City Council for their suppon throughout this year for our programs and
events . Without your suppon a lot of the event, and things we put on for the community, would not be possible . At
thi s time I would like to turn it over to Mr . Dooley Gehr, who is the Chair of the Keep Englewood Beautiful Holiday
Lighting event and he has some awards and presentations to make to this years panicipants . Thank you.
Mr . Gehr presented ribbons and certificates to all of the winners who were present and they were given a round of
appl ause .
Mayor's Choice Richard and Alice Kloewer
Nostalgia A ward The Miller Family
Lifetime Achievement Award Ron & Melanie Kloewer
Cozy Cottage Award Cyndi Krieger
Candy Land Award Doug Haas
Fi rs t and Goal Award Paula and Shim Feasel
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Eqlewood City CouncU
December 20, 2004
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Best New Entry Jack and Charlene Miller
(Best Use of Penguins in a Holiday Theme)
Good Holiday Neighbor Award Thomas and Sally Cordova
Linear Design Award Rich Morales
Happy Hippy Holidays Award Marie Greiner
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Mr . Gehr said I would like to congratulate all the winners and I would like to thank City Cowicil and Mayor Garrett
for your support. You folks have a wonderful evening and a Happy Holiday . Thank you. There was applause .
Council Member Woodward said I would also like to thank Dooley's wife for letting him attend tonight. as today is
her birthday . Thank you .
(c) Mayor Garrett said Anne Chew, an Englewood business owner, would like to address City
Council regarding business licensing .
Ms. Chew said I would like to thank whoever prepared this qenda. as I am allowed to speak early in the evening. I
did write a letter. Do you want me to read the letter or do you have it in front of you? Council Members affirmed
that they did have it. She said do you have any questions concerning the letter?
Mayor Garrett said we will tum this over to staff to have them look at it and we will discuss it at a Study Session in
January . Ms. Chew said okay, thank you very much .
7 . Recopltlon of U1111Cbeduled Public Conumnt
There we.re no unscheduled visitors.
8. Communicatlons,Proclamatlonl and Ap~
(a)
considered .
A letter from Don Bobeda announcing his resipation from the Englewood Housin& Authority was
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RESIGNATION OF DON BOBEDA FROM THE ENGLEWOOD HOUSING AUTHORITY.
Council Member Bradshaw said I had the opportunity to serve with him on the Housina Authority and he has really
been an asset . He has a State office with the realtors and that is why he is resignin&, otherwise, I am sure he would
stay on . He has really done a nice job for the Housing Authority.
Vote results:
Motion carried.
Ayes : Council Members Barrentine. Moore, Bradshaw , Garrett, Wolosyn ,
Woodward. Tomasso
Nays : None
(b) A letter from Patricia Mueller announcing her resignation from the Enpewood Plannin& and
Zoning Commission effective December 30, 2004 was conaidered .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RESIGNATION OF PATRICIA MUELLER ANNOUNCING HD RESIGNAnON FROM THE
ENGLEWOOD PLANNING AND l.ONING COMMJSmON En'ECTIVE DICEMIIER 30, .._
Ayes : Council Members BUTCllline. Moon:. Bradshaw. 0anea. Wololyn.
Woodward. TOIIIIIIO
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Nays : None
Motion carried.
9. Consent Aceada
0 .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I), (II), (W) and (Iv).
(a) Approval of Ordinances on First Reading
(i) COUNCIL Bll.L NO. 64, INTRODUCED BY COUNCll. MEMBER BRADSHAW
A BD..L FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD
WILL PROVIDE ENGLEWOOD PUBLIC SCHOOLS WITH VEHICLE MAINTENANCE .
(ii) COUNCll. Bll.L NO. 65. INTRODUCED BY COUNCll. MEMBER BRADSHAW
A Bll.L FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO WHEREBY
ENGLEWOOD Wll.L PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE .
(iii) COUNCll. Bll.L NO . 67, INTRODUCED BY COUNCll. MEMBER BRADSHAW
A Bll.L FOR AN ORDINANCE AMENDING TITLE 12, CHAPTERS ID, 2, 5, AND 8 OF THE ENGLEWOOD
MUNICIPAL CODE 2000 BY CLARIFYING THE POLICY FOR ALLOWING PROPERTY OWNERS TO
"OPT ·OUT' OF THE CONCRETE UTll.ITY PROGRAM AND CLARIFYING THE PRIORITY FOR
CREDITING UTll.ITY PAYMENT .
(iv) COUNCll. Bll.L NO . 68, INTRODUCED BY COUNCll. MEMBER BRADSHAW
A BD..L FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR FY04
MISCELLANEOUS EQUIPME!lfT PURCHASES PROGRAM BETWEEN THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD,. COLORADO .
Vote results:
Ayes : Council Memben Banenline. Moore, Bradshaw. Garrett. Wolosyn.
Woodward. Tomasso
Nays : None
Motion carried .
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item 11.)
(c) Resolutions and Motions
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSE!lfT
AGENDA ITEMS 9 (c) (I) and (II).
(i) A MOTION EXTENDING THE INTERGOVERNMENTAL AGREEMENT WITH
THE CITY OF CHERRY HIT.LS VD..LAOE FOR THE PROVISION OF FLEET MAINTENANCE. AND
ADJUSTING ENGLEWOOD 'S HOURLY RATE FOR FLEET MAINTENANCE SERVICES FOR 2005.
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(ii) A MOTION EXTENDING THE AGREEMENT WITH THE ENGLEWOOD LIONS
CLUB FOR THE PROVISION OF MAINTENANCE OF THE ENGLEWOOD LIONS CLUB MINlATURE
TRAIN, AND ADJUSTING ENGLEWOOD'S HOURLY RATE FOR MAINTENANCE SERVICES FOR 2005.
Vote results:
Ayes :
Nays :
Motion carried.
IO . Public Hearing Items
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(a) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No . 44
approving Automotive Sales and Rental Uses in the MU-B-2 zone .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING TO CONSIDER TFSrlMONY ON COUNCIL BILL NO. 44 APPROVING AUTOMOTIVE
SALES AND RENTAL USES IN THE MU-8-2 ZONE.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn.
Woodward, Tomasso
Nays : None
Motion carried and the public hearing opened.
All witnesses were duly sworn.
Palaua Sparacino. 3809 South Broadway, said I am the owner of Richard's Motors . I am an appointed member of
the Auto Use Committee, as you all know, and I've contributed to the creation of this new ordinance. The
Committee, especially those of us from the dealer community, came together in good faith to work on the first part
of this recommended phased-in approach to the auto use in the B-2 District along Broadway . This process bas been
a long process. but a positive process. I want the Council to be aware that we have reached this point with
compromises from both sides. In addition, wc have had several obstacles that wc have had to continually address
and probably will have to until all phases of auto use are completed. The Council appointed us to work out these
' issues. Mayor Garrett bas been instrumental in guiding this Committee to what I believe is a win/win for all parties .
Within the Committee we keep an open line of communication and address issues as they come up. I am confident
that Mayor Garrett bas reported back to you regarding the progress of our work. At your request. a complete history
was provided to each member as to the auto use issues since August 18. 2003. This should have brought you all up
to date regarding its use . I would like to also point out that at every Study Session or vote regarding auto use. there
arc three Council members that continually bring up issues that could have been addressed in Committee prior to
bringing up the ordinance for review . I would have thought that out of respect for Mayor Garrett that Mr . Tomasso,
Mr. Woodward and Ms . Bradshaw would have communicated their concerns to the Mayor so that these could have
been addressed in Committee prior to the Study Session or first reading . As this process continues. I would hope
that the lines of communication with the Auto Use Committee remain open and as a courtesy to the Mayor, the lines
of communi cation remain open between the Council members . I support this ordinance as written, the time frames
protect the property owners and the new language regarding Code compliance provides a comfort level for the City
regarding any new auto use along Broadway . Thank you for your time .
Jon Cook. 2466 South Cook Street. said I also am a member of the Auto Use Committee and my hope is that this
ordinance is passed unanimously . I hope that in the future we won 't have to deal with this issue any more, that all
the rules arc well defined and we won't have to come back and visit with this. In our last meeting, Mark Graham
and Beverly Bradshaw had some bantering back and forth regarding the 1997 Study regardin& addresses for car
dealers that I didn 't quite understand . It was about corning in and chan&in& their addresses to conceal
so mething ... whatever at was ... but o ne part that wasn't mentioned that was also in that 1997 Study, that I think
c,crybody ,s familiar with. was the fact that the South Broadway auto dealers provide valuable. convenient services
to the Caty. ny re idents and other auto businesses. South Broadway auto dealers provide a lar&e and diverse job
base. nd also. the unponant part. Soulh Broadway auto dealers arc a sipificant elemelll of the revenue aeneratina
industry. And that was part of your Study in En&lewood. I also think . in the future . if we follow the South
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Broadway Plan of Englewood for 2004, on the last page there is some imponant stuff there and if we follow the
strategy , it would be helpful and that is to celebrate business successes on Broadway. And then, the most imponant
pending issue, I think, after this, is to ensure that the City development review process is predictable and timely .
Thank you .
Jim Bahne. 6649 South Helena, Centennial, said I am also from Valley Motors . He said Palaua, Jon and I have
spent a lot of time on this, along with the Mayor and some staff members, and what I have to sa.y virtually is a
carbon copy of what Palaua and Jon have said. So my little talk here was only a couple of minutes long anyway, but
I will just get to the meat of it here . We just hope that the Council Members tonight ratify this Bill No. 44
unanimously . It is the support that the Mayor needs for his tremendous efforts that he has put into this. He has done
a great deal of healing of our feelings here, as business people in the community. He certainly should be
commended for that. We just hope that a comment that came out prior to the moratorium, that something like that
would not come again without some definite thought about previous Sllldies and where industry was at that
particular time . A staff member stood up before you the night that the moratorium was approved and said that this
bi II would stop the establishment and expansion of auto uses, that the rationale here is that these uses represent an
encroachment on your sale tax base and preclude other uses that would provide retail synergy and help us achieve
the Councils' goals for Broadway . That really got us fired up and we think we deserve to be here as much as
anybody else. Again, I would just urge you to vote in favor of this and let's go forward . We want to work with
staff, we want 10 work with Council, we want to be able to say Hi to everybody and be working toward the same
goal and I thank everybody here who has worked with us. Thank you for your time tonight . I was going 10 pass out
the Broadway Study from 1997. Probably most of you are familiar with it, but it does give some facts and figures as
to the benefits that the City saw of auto dealers at the time . If you would like me to do that, I have finished my
remarks .
Mayor Garrett said hand it to the City Clerk and she will pass it on down the line. Mr . Bahne said thank you .
Mayor Garrett thanked Mr. Bahne .
Bruce Cairns. 5515 South Sedalia, said our family has a property at 4732 South Broadway . So often in government
it can be kind of people working more this way, instead of collaboratively ... this way . So just coming in and
knowing about this meeting going on. I just wanted to affirm what everybody has done and their hard work and
acknowledge those who were involved and just suggest that it would be excellent as you consider what these
mean ... what it means 10 one man who is 94 years old ... not as much consternation in owning his investments on
South Broadway . So, I sure have appreciated everything you all have done and urge the passage of this . Thank you .
Mayor Garrett said is there anyone else who cares to address Council in this Public Hearing? There was no one .
Ma yor Garrett said do I hear a motion to close the Public Hearing?
Co uncil Member Bradshaw said Your Honor, before we close the hearing, I want to say that I went to the Revenue
State of Colorado si te and I found some information about one of the members of the Committee that concerned me
a great deal. With your permission. I would like to read it: Jon Cook. dba Car Brokers , LLC, Denver license No .
895 5. This was Board action that was taken and the reason the Board action was taken, with the Colorado Auto
Industry Di vision. was defrauding any buyer/seller, illegal sale , failure to deliver title within 30 days , false oath,
perjury, for gery, offering false instrument for recording. and attempting to influence a public servant, unfit and
unfitnes s. license was suspended for 30 months with a $50.000.00 fine . In following up the appeal on that, it says
that "the order was affirmed in pan. reversed in part and case remanded with directions", but I didn 't know if Palaua
or Jim were aware of this . [Comment from the audience : Yes , why wouldn't we be?] Ms . Bradshaw said
oka y ... okay. I just had some concerns about membership on boards and ad hoc groups . !just wanted to bring that
forward at this time .
Mr . Coo k sa id Mayor Garren , am I allowed to respond to that?
Mayo r Garrett sai d we are in Public Hearing. so you are still under oath .
Mr . Cook said Be verly , that is really a cheap shot and you are the one that spearheaded all o(th1s to start with. you
had the co ps haul me out of here in the original meeting, when I brought quite a crov.,i of people in hen:. I admit I
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made some mistakes, but that was a fine, a suspension ... ! paid my fine, I served my suspension, 1 am a fully
licensed dealer, several of those items were overturned in Appeals Courts. And I just think it is a cheap shot, but I
do think it is just typical of you and your actions that you have done ever since I have been involved over here in
Englewood. I will be so glad to see you gone, Beverly.
Council Member Barrentine said could I ask a question please? Mayor Ganett said yes. Ms. Barrentine said were
these licensing issues or were they criminal charges? Mr. Cook said no criminal charges, this was a dispute between
an ex-partner and myself. Ms. Barrentine said who wu the entity that did this? Mr . Cook said it was my business.
Ms. Barrentine said the entity that sanctioned you, that fined you, who was that? Mr. Cook said that was the Dealer
Licensing Board. Ms Barrentine said the Dealer Licensing Board? Mr. Cook replied yes and I am in good standing
with the Dealer Licensing Board at this time. Ms. Barrentine said when did that happen? Mr . Cook said that was in
2001. Ms. Barrentine said okay.
Gary Leisy, Englewood Motors, said I Jive at 7571 South Emerson Circle in Centennial. Mayor and Council
Members, I wasn't going to speak tonight. I am the last member in that group and I have been extremely busy the
last six or eight months and have not had time to put the efforts in, that I probably should have on this as my family
owns propeny on South Broadway. But hearing Ms . Bradshaw bring this up, I've got to say that this. absolutely,
strikes the core of this issue ... it fires me up. I believe the City Council has a black eye on one issue too and I am not
going to name names and I'm not going to name charges, but people make mistakes and people are judged, and
judgments are handed down and people serve and pay their dues. The issues Ms . Bradshaw just brought up have
absolutely no bearing on the subject tonight ... none whatsoever. I totally agree with Jon, that this is a low blow. I
think it points to Ms . Bradshaw's personal vendetta against car dealers and I would urge every Council member to
drop that issue. It is not fair to bring up a personal issue and allow her to put her personal feelings out here because
she is a member of Council. This is a matter that has been bantered back and forth between a good, well serving.
hard working Committee and a hard working Mayor and Council and it is not fair to bring up past issues that have
long since been settled. I think it puts a black eye on the entire Council. Thank you.
Larry Corwin, 2700 South Broadway, Credit Motors, said I had no intention of speaking tonight, but what was just
done to Jon Cook .. .I mean nobody from here, from the automobile business, said that recently somebody who was
on the Council was arrested and put in jail for eight years, because I think that would be wrong. But it happened and
they are serving jail time ... a member who was a CPA. And also, there have been. in the past. Council members
who were arrested for drunken driving, but nobody brought that up and it shouldn't be a factor . Let's talk about the
issues. You should be ashamed of yourself. I mean that. lady, you should be ashamed of yourself.
Council Member Wolosyn said quite frankly I would rather have someone say something like that in a Public Forum
or have a chance to neatly address it and I think that is the way to show mutual respect. I know that it doesn't affect
the way I am going to vote on this. but I appreciate the fact that the conversation happened in public and we can go
on.
Council Member Barrentine said I had the opportunity to sit on a State Licensing Board and I understand what their
function is and how they operate in trying to keep their standards for their practice. It is a different setting. To use
th is forum as a way to personally attack somebody is inappropriate. This is not a forum that somebody can get up
and freely speak for themselves, nor were they aware of the fact that anything was going to be brought up in public
and I think it is despicable. This is not the venue that we should be using, nor should we be doing it at a time when
we are voting on something where a Committee has worked together for over a year and then try to discredit the
work of that Committee, and our Mayor and this community, at the eleventh hour to try to discredit the work that
they have done. I am ashamed. There was applause.
Mayo r Garrett asked if there were any other comments. There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING TO CO!l:SIDER TFSl'IMONY ON COUNCIL BILL NO. 44 APPROVING AUTOMOTIVE
SALES AND RENTAL USES IN THE MU-B-21.0NE.
Ayes: Council Members Banentine, Moore. Bradshaw, Garrett, Wolosyn.
Woodward, Tomasso
Nays: None
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Mo tio n carried and the public hearing closed.
11. Ordinances, Resolution and Motions .
(a) Approval of Ordinances on First Reading
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There were no additional items submitted for approval on first reading. (Sec Agenda Item 9 -Consent Agenda.)
(b) Approval of Ordinances on Second Reading
(i) Council Bill No. 31 authorizing an "Exchange of Permanent Easements" between Diana
& Leigh Bray and the City of Englewood located at 620 East Bates and Bates Logan Park along the City Ditch was
considered .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· ORDINANCE NO. 65, SERIES OF 2004.
ORDINANCE NO. 65. SERIES OF 2004 (COUNCll. BILL NO. 31. INTRODUCED BY COUNCO. MEMBER
BRADSHAW)
AN ORDINANCE AUTHORIZING AN "EXCHANGE OF PERMANENT EASEMENTS .. BETWEEN DIANA &
LEIGH BRAY AND THE CITY OF ENGLEWOOD, COLORADO IN THE VICINITY OF BATES LOGAN
PARK AND THE CITY DITCH.
Mayor Garren asked if there was any comment.
Council Member Wolosyn said I just think this is one of those grat things where there could have been a lot of
conflict and we worked it out to the satisfaction of all and I appreciate the participation of all parties.
Vote results:
Ayes: Council Members Barrentine. Moore. Bradshaw, Garrett, Wolosyn.
Woodward, Tomasso
Nays : None
Morion carried.
(ii) City Attorney Brotzman said this item is listed on the Agenda u the "ope-out" provision
and that was actua ll y a former item. This is Council Bill 44. This is the automotive sales issue that we just had the
Public Hearing o n. That is what you will be voting on as Council Bill 44.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (Ii) • ORDINANCE NO. 6', SERIES OF 2004.
ORDINANCE NO. 66. SERIES OF 2004, (COUNCil. BILL NO. 44. INTRODUCED BY COUNCll. MEMBER
WOLOSYN)
AN ORDINANCE AMENDING TITLE 16. CHAPTER 5, SECTION 2. SUBSECTION C(3) (a), OF THE
E 'GLEWOOD MUNICIPAL CODE 2000. PERTAINING TO STANDARDS FOR AUTOMOTIVE SALES.
RENTAL. STORAGE, PARKING USES A."ID . ADDING A NEW SUBSECTION (b) PROVIDING FOR
IMPLEMENTATION PERIODS.
Mayor Garrett said is there any discussion or comment. There was none .
Vote results:
Ayes: Council Memben Banentine. Moore, Bradshaw , Olneu. Wolosyn,
Woodward. Tomasso
Na ys: None
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Motion carried.
Council Member Barrentine said I want to clarify. I originally voted against this and I gave my reasons at the time
and I wanted to give my reasons for why I changed my mind. I stick by the fact of the information I gave before,
that I don't agree that we should single out an industry in this community, that we have, in some ways, kind of
coerced them into setting some higher standards on themselves in order to function in this community, but I do
applaud them that they came forward on their own, that they worked with the Mayor, that they formed the
Committee, that they worked through the issues and out of respect for that, that is why I am voting for it. I still
stand by the principle that I don't think it is an appropriate move for this aovemment to make to single out an
industry, as if they are our problem and try to use them as a scapegoat and that is what I think was done . I voted for
it, because I have respect for the hard work that you guys do and since you have agreed to hold yourselves to a
higher SWldard, then I am going to let you, so, thank you.
(iii) Council Bill No . 66 approving an agreement with General Electric Capital Business
Asset Fwxling Corporation regarding the land lease with Rocky Mountain MOB, U.C was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (W) • ORDINANCE NO. 67, SERIES OF 2004.
ORDINANCE NO. 67, SERIES OF 2004 (COUNCIL BILI. NO. 66, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN GENERAL ELECTRIC CAPITAL
BUSINESS ASSET FUNDING CORPORATION AND THE CITY OF ENGLEWOOD, COLORADO
REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN MOB, U..C.
Mayor Garrett asked if there was any comment. There was none.
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw. Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
( c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval . (See Agenda Item 9 -Consent Agenda.)
12 . General Dlscusaoa
(a) Mayor's Choice
(i) Mayor Garrett said I want to thank all the participants that reviewed the lightin&, but I
also would like to thank the citizens of Englewood for all the li&htina displays they put on. We always have a lot of
people who drive through our neighborhoods to enjoy the lighcs and we always do a remarkable job in this
community of celebrating the holiday season. so I just want to thank everyone for that.
(b) Council Members' Choice
(i) Council Member Barrentine:
I . She sa,d thanks again to the Police Department. I had some people call me this last weelc who had some
need for their services and, once again. it broll&ht to mind some hard workina people and I appreciate that Ibey are
in this community. Thank you.
2. She said and Merry Christmas to everybody .
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Englewood City CouncU
December 20, 2004
Page 10
(ii) Council Member Bradshaw :
I. She said Happy Holidays to everybody.
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2. She said I just want to say that I have all the respect in the world for Palaua , the Mayor, and the gentleman
from Valley Motors . Thank you.
(iii) Council Member Tomasso:
I. He said best of the season's wishes to everyone .
2. A resolution to approve 2005 Aid to Other Agencies was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION
NO. 102, SERIES OF 2004.
RESOLUTION NO . 102, SERIES OF 2004
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2005 BY THE CITY OF ENGLEWOOD ,
COLORADO .
Mayor Garrett asked if there was any discussion . There was none .
Mayor Garrett noted we have a fund of approximately $32.000.00 in the Council budget to Aid Agencies in 2005 .
Vote results:
Ayes :
Nays:
Mmion carried .
Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn,
Woodward, Tomasso
None
[Clcrk "s note: This was listed as item 12 (b) (ii) on the Agenda .]
(iv )
Merry Christmas .
(v)
Council Member Woodward said I just want to wish everybody Happy Holidays and
Council Member Wolosyn :
I. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE
REGULAR CITY COUNCIL MEETING OF JANUARY 3 TO JANUARY 10, 2005.
She sai d th is is 10 accommodate all o f us o ver the holida y. Thal means we will ha ve a real meeting two weeks in a
row .
Ms. Bradshaw noted the second meeting will be on a Tuesday . because of Martin Luther King Day . so we need to
make sure 1ha1 those arc posted .
Mayo r Garrett said pan of the reason , also , is 10 make sure that the City staff has an opportunity to gc1 everything to
us fo r meeting preparation. Thal. I think , will be facilitated by moving it to January Io*.
Vote results :
Ayes :
Nays :
Mouon carried.
Council Members Barrentine . Moore , Bradshaw, Garrett, Wolosyn,
Woodward . Tomasso
None
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[Clerk's note : This was listed as item 12 (b) (i) on the Agenda.]
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2 . She said I guess I would like to comment on the auto use. I do appreciate all the work that went into it, but
I would also like to say that, Palaua, I think you misunderstood about the motion that was made last week. Motions
like that, that are made to resolutions and ordinances, are part of public discussion and often helpful and I respect
them whenever they come up . I think they clarify the discussion in the end and I'm thinking about when we were
voting to put the head tax on the ballot, those of you who were involved remember it was that same procedure that
reduced the amount. That is just part of public discussion and I think it is a positive part of public discussion that we
tool things in public . Indeed, we have to tool things in public.
3. She said on last Wednesday Gary, Rick Kahm, Lauri Dannemiller and other City staff members went down
to the RTD meeting about how FasTracks will be implemented. We are making sure that the Bates SWion and our
other interests stay on the table and that we are part of that discussion, because I think things will move quickly and
if we are not there. we may wake up and find out that we missed something. I appreciate everybody taking their
time out to do that.
Mayor Garrett said on that note ... I know there was a presentation regarding the timeline for the different projects.
Is that on their web site?
City Manager Sears said it is, but we also put it in the newsletter. The tirneline actually was on the second page of
that . I don 't think they have it on a web site, but we can blow that up to make the print larger.
Or, Council Member Bradshaw said, someone could just indicate how that affects Englewood and show where the
Bates Station is in that plan. And, Mayor Garrett said. the extension down into Highlands Ranch .
City Manager Sears said we will provide that to you .
4 . She said on Wednesday night we have the Christmas Concert here at 7:30 at the atrium. It is a
collaboraiion between the City through the Arts Commission and the Parks and Recreation Departmen1 and
Englewood Arts and I think it is going to be very successful. We ha ve been getting a lot of nice help from various
press agencies in getting the word out. It is always great when something we do excites others.
5. She said Merry Christmas and I hope we all have a happy, productive and wonderful New Year.
13 . City Maaqer's Report
(a) City Manager Sears said I just wanted to thank Olga for being there with our staff at the RTD
meeting. We did talk to John Shonsey and Liz Rao and it is prc:tty exciting. They are moving ahead. There are
some plans being put together. We will be corning back to Council with that. ·
(b) City Manager Sears said several of us had the opportunity, on Friday, to go 10 Arapahoe County.
The City received $440,000.00 in Open Space money . It is a little bit ICS5 than what we had anticipated, but there is
a two month lag time there . We had budgeted $500,000.00 this las1 year and we are looking to have a similar
amount next year. We have about $880,000.00 that Council has budgeted for next year. so I think we are in pretty
good shape for those Open Space improvements that the Council has earmarked. I think that was good news .
(c} City Manager Sears said we did have a succCS5ful Open House. Many Council members and
employees had an opportunity to come by and I think it was a good way of brinain& in the New Year and saying
thanks 10 the empl oyees in the organiution. Thanks for your support.
(d} C1 1y Manager Sears said we are aoin& 10 be a little bit limited with staff over the next couple of
weeks. but we· ve got cvcrythi na covered. I know our employees throuahoul the orpnization are worltina hard to
maintain the services and. again . we would like 10 say thanks to the Council . Have an enjoyable Holiday and New
Year .
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Englewood City Councll
December 20, 2004
Pqell
14. City AttorMJ'I Report
(a) City Allomey Brotzman said I would like to wish everybody a Happy Holiday, Happy New Year
and Merry Christmas.
15 . AclJourn-t
RRE'M' MOVED TO ADJOURN. The meeting adjourned at 8:17 p.m.
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PUBLIC COMMENT ROSTER
DATE: January 10, 2005 t
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PLEASE PRINT
NAME ADDRESS # ll&l:
AM\:xWc\loclM~ '5~ s. LqpAo ®9\fM<JXi rn ~n 1~~.n·rooN rah %
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DcccmbcrlS, 2004
liap."WOOII City Mayor
Mr. 0uupa Oml:tt
1000 Enpewoocl Parkway
.Hlllalc1IIOOd r.alo., IO 110
FIX 303-762-740I
Re: Reti-;.-fiam Commillul: Wllrlc, ie Ad.--.. and Appals
1'hak JUI& for lllowiaa-w All 1ft GIi tbil c idlff I i.. -..11111 involwd 111d -1 ID ,...;....,f I fy.Thepvanar1MeiHM• ... 1D-ofhilllolldlalc• illi• k
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...,, P'-efeel hi IO ccm111:1 me,......,..... I cado.
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BY AUTHORITY
COUNCll.. BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE RESCINDING AN INTEROOVBRNMBNTAL_~
WITH THE BOARD OF COUNTY COMMISSIONERS Of THE COUNTY OF
ARAPAHOE AND AUTHORIZING AN AMENDED INTEllOOVl!llNMBNTAL
AGREEMENT PERTAINING TO "OPEN SPACE" TAX SHAREBACK FUNDS.
WHEREAS, in November 2003, the voters of Arapahoe County approved a county-
wide sales and use tax of one-quarter percent on eligible sales which will expire in 10 years
unless reauthorized by an affirmative vote, to be used for specific Open Space objectives
as set forth in County Resolution No. 030381; and
WHEREAS, County Resolution No. 030381 provides for a shareback provision of the
Open Space Sales and Use Tax ("Shareback Funds") to be distributed to municipalities
wholly or partially within Arapahoe County; and
WHEREAS, entering this Intergovernmental Agreement will enable the City of
Englewood to claim its proportionate share of the Open Space collections; and
WHEREAS, the City Council of the City of Englewood authorized an
Intergovernmental Agreement with Arapahoe County concerning "Open Space" Tax
Shareback Funds by the passage of Ordinance No. 48, Seri,:s of 2004; and
WHEREAS, after the City passed Ordinance No. 48, Series of 2004 Arapahoe County
amended the Intergovernmental Agreement for "Open Space" Tax Shareback Funds; and
WHEREAS, the changes made to the amended agreement are limited to provisions
clarifying municipalities' duties regarding the collection and remittance of building use
taxes; and
WHEREAS, the passage of this Ordinance rescinds the original Intergovernmental
Agreement and approves the amended "Open Space" Tax Shareback Funds
Intergovernmental Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORAOO, AS FOLLOWS:
Section 1. The C ity Council of the City off Englewood, Colorado hereby rescinds the
Intergovernmental Agreement previously accepted by the passage of Ordinance No. 48,
Series of 2004.
Sec tion 2. The City Council of the City of Englewood, Colorado hereby authorizes
en!ering the amended "Intergovernmental Agreement" between Arapahoe County and
th e C ity of Englewood, attached hereto u Attachment 1, pertaining to "Open Space"
Tax Shareback Funds.
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Sectjon 3. The Mayor and City Clerk arc authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 6th day of December, 2004.
Publisbed as a Bill for an Ordinance on the 10th day of December, 2004.
Re-published as a Bill for an Ordinance on the 17th day of December, 2004.
Read by title and passed on final reading on the 10th day of January, 200S.
Published by title as Ordinance No. __, Series of 2004/200S, on the ~ 4,. day of
January, 200S.
ATTEST:
Doualu Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing it a true copy of the Ordinance passed on ftna1
reading and published by title as Ordinance No. __, Series of 2004/200S.
Loucrisbia A. Ellit
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (" Agreement"), ii made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS Of TIU COUNTY Of
ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colorado (the "City").
WHEREAS, on November 4, 2003, the voters of Anpaboc County approved a county-
wide sales and use tax of one-quarter of one percent (0.25% or 25 cents fi>r t:VerJ $100 dollan),
which will not be collected on sales of food or prescription drugs, and which will expire in 10
years, to be used for specified Open Space objectives as set fi>rth in County Resolution No.
030381;ml
WHEREAS, on June 17, 2003, the County adopted Resolution No. 030381, authorizing
the question of the aforementioned sales and use tax be put befi>rc the voters on November 4,
2003; and
WHEREAS, Resolution No. 030381 provides for a sharcbaclt provision of the Open
Space Sales and Use Tax ("Sharcback Funds") to be distnbuted to municipalities wholly or
partially within Arapahoe County; and
WHEREAS, Resolution No. 030381 requires that tbcae municipalities enter into
Intergovernmental Agreements with the County before they receive Shareback Funds; and
WHEREAS, the County desiRs to enter into intergovcrmncntal agreancnta with tbelc
municipalities wholly or partially within Arapahoe County, including the City of Bnglcwood,
pursuant to Section VIIl(C) ofRcsolution No. 030381;
WHEREAS, these intergovernmental agreements are authorized by Article XIV, Section
18 of the Colorado Constitution and COLO. REv. STAT.§ 29-1-203 (2003);
WHEREAS, Resolution No. 030381, in part, provided that each municipality lhall collect
the County's Open Space Use Tax on building and construction materiala; and
WHEREAS , COLO . REV. STAT. § 29-2-106(3)(a)(2003) authorizes municipalities to
collect the County's Open Space Use Tax.
NOW , THEREFORE, the County and the City agree a follows:
1. The County shall distribute to the City its proportionate share of Shareback
Funds, as more fully described in Resolution No. 030381, oftbe annual revenue collected from
the Open Space Sale and Use Tax.
2.
reference.
Resolution No . 030381 is attached hereto as Exhibit A and incorporated herein by
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3. The amount of Shareback Funds distributed to each incorporated municipality,
wholly or partially within Arapahoe County, will be based on the population of the incorporated
municipality or portions thereof in Arapahoe County vcnua total population of all incorporated
areas in Arapahoe Comity.
4. The population figures will be updated annually baaed on the latest available final
population estimates provided by the Demography Section of the Colorado Department of Local
Affairs or any state agency which takes over the duties and responsibilities of said Demography
Section.
5. The $bareback Funds will be distributed annually. In 2004, Shareback Funds
shall be distn'buted on or about December 31, 2004. In years 2005 through 2013, the Shareback
Funds will be distributed annually on or before June I of each year. Additionally, and unless
voters approve either a ballot measure to extend the Open Space Sales and/or Use Tax beyond
2013 and/or approve a new Open Space Sales and/or Use Tax beyond 2013, then the final
distn'bution ofShareback Funds will be on or about March 31, 2014.
6. The City specifically agrees that it shall only use its Shareback Funds for the
Open Space uses as set forth in Section VIII (E) of Resolution No. 030381 as well as to purchase
and/or develop and/or improve existing neighborhood parks and/or sports fields.
7. Further, the parties agree that the City may use up to ten percent (10%) of its
$bareback Funds distnbuted by the Comity annually to maintain existing or new open space
properties, neighborhood parks and sports fields.
8. The City further understands and agrees that. after receipt of its Shareback Funds,.
the City will use any interest earned on these funds only for open space purposes as set forth in
Resolution No. 030381 and in compliance with the terms and conditions oftbiJ Agreement.
9. Once $bareback Funds have been distn'buted, on or before every December 31•,
the City agrees that it will certify and submit in writing to the County that the Sbareback Funds
were used in conformance with Resolution No. 030381, Ind/or desipated to be Uled in a manner
consistent with Resolution No. 030381. The expenditures and/or designated expenditures of its
Sbareback Funds will be detailed by the City, and such submission will be called the Annual
Municipal Expenditure Report. Beginning in 2005, said report must be submiUed within thirty
(30) days of each December 31 11 to the Comity through the Open Space and Trails Advilory
Board ("OST AB") and the County 's Open Space Manager.
10. The City may reserve (bank) its Sharcbaclt Funds from year to year u long as
said funds are deposited into a reserve account for Open Space Funds, and when tbeae funda are
expended, the expenditures are done so in accordmcc with the uses set forth in R.eaolution No.
030381 . Further, when any and/or all of the Sharebaclt Funds are reserved (banked), the
purpose(s) for which the funds will be used must be staled in the City's Annual Municipal
Expenditure Report.
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11. Upon written notice from the County's Open Space Manager, informing the City
that it has failed to submit its Annual Municipal Expenditure Report to the County, the City shall
submit its said report to the County through OSTAB and the County's Open Space Manager
within thirty (30) days, and, if it fails to do so, the City shall be dccmcd to be in violation of
Resolution No. 030381 and this Agrccmcnt. As such. the City will be incliga"ble for future
Sharcback Funds, unless and until the Amwa1 Municipal Expenditme Report and/oc a
Compliance Plan is submitted to OSTAB and the County's Open Space Manager and accepted
and/or approved by the County.
12. The City understands and agrees that if the Sharcback Funds arc not used in
accordance with the provisions, conditions and guidelines of Resolution No. 030381 and/or this
Agreement, the City will not receive additional Sbarcback Funds unless and until it submits a
Compliance Plan to the County through OSTAB and the County's Open Space Manager, and the
County approves the Compliance Plan. Upon written notice by the County's Open Space
Manager that the City must submit a compliance plan, the City shall have 30 days to submit said
compliance plan as set forth herein.
13. The City fu..t..her understands and agrees that if it fails to submit a Compliance
Plan or fails to submit a Compliance Plan which meets the approval of the County, or fails to
meet the requirements of the County's approved Compliance Plan within thirty (30) days of
written notice of noncompliance by the County through the County's Open Space Manager, or
fails to submits its Annual Municipal Expenditure Report as required by paragraphs 9, 10 and 11
of this Agreement and Resolution No. 030381, then the City's share of the Sharcback Funds will
be distnbutcd, based on the latest available tinal population cstimefcs provided by the
Demography Section of the Colorado Department of Local AJreirs oc eny state egency which
takes over the duties and responsibilities of said Demography Section, among the other
participating, incorporated municipalities.
14. The City understands and agrees that no lend or interests acquired with the
revenues from the Open Space Sales and Use Tex may be sold, leesed, traded, or othcrwi8c
conveyed, nor may an exclusive license or permit on said land or interests be given, without prior
approval of the City's governing body after conducting a public hearing. The City further agrees
if such sale, lease, trade or conveyance is made or an exclusive license or intm"elt bu bcm given,
the proceeds shall be deposited in a City Opcn Space Fund to be used for purposes consistent
with Resolution No. 030381.
15. The County hereby specifically delegates, pursuant to County Resolution ~o.
030381 and COLO. REV. STAT.§ 29-1-203(1)(2003), authority to the City to collect the County's
Open Space Use Tax .
16. The City understands and agrees that it will use its best efforts and reasonable
methods to collect the .25 percent Arapahoe County Use Tax on building end constnaction
materials and will forward, on a mont}lly basis, by the end of the next month after the monies ue
collected, (to facilitate such collection), such tax minus up to five percent (of the .25 pen:enl tax
collected), minus any refund given on previously collected building use tax, to the Arlpehoe
County 's Sales Tax Analyst, 5334 South Prince Street, Littleton, Colorado 80166. The City shall
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detennine and use its own policies and procedures, including any exemption amounts, when it
collects the Arapahoe County Use Tax. A copy of the City's policies and procedures relating to
the use tax is attached hereto as Exhibit B and incorporated herein by reference.
17. The County acknowledges and represents by entering into this IGA, the retention
ofup to five percent of the .25 percent use tax collected, as set forth in Paragraph 16 of said IGA,
is not a violation of Section m (C) of Arapahoe County Resolution No. 030381.
18. The City understands and agrees that the County may conduct, at the County's
expense, a review and/or an audit of the City's records to verify collection by the City of the
County's Open Space Use Tax.
19. The County undcBtands and the City agrees and represents that the City's policies
and procedures (to the extent such policies and procedures exist for collection of use taxes)
provide for collection of the County's Use Tax in accordance with the provisions of Paragraph
16 above. However, it: following a County review and/or audit as set forth in Paragraph 18
above performed in a manner consistent with the provisions of the Colorado Open Records Act,
Section 24-72-201 et seq., the County determines that the City failed to collect the County's Use
Tax in accordance with the City's policies and procedures (if such policies and procedures exist
for collection of use taxes) and this IGA, the City shall be deemed to be in default of the IGA. In
the event of such a determination of default, the City will be provided 60 days to modify its
policies and procedures (if they exist) or to modify the manner of collection if policies and
procedures do not exist, to rectify the default of the IGA and to notify in writing the County's
Open Space Manager of the actions taken by the City to bring it into compliance with the IGA.
The City's failure to modify its policies and procedures, or its manner of collection if policies
and procedures do not exist, in order to avoid any future failure to properly collect the County's
Use Tax will be a deemed a breach of the IGA and Sbareback Funds accruing to the City during
the period of such breach will not be distributed for the period of said breach. lftbe City's
policies and procedures contain a procedure to remedy the failure by the City to collect use taxes
and to collect unpaid usc taxes from the taxpayer, the City shall follow such procedure and notify
the County's Open Space Manager whether such tax has been collected and will promptly
forward any collected usc tax to the County as provided in Paragraph 16 above. The County and
the City acknowledge and agree that the County will not seek payment from the City for the
County Use Tax which was not collected provided the City has used reasonable efforts to
comply with the City's collection procedures and the provisions of this Paragraph.
20 . Should any one or more provisions of this Agreement be determined to be illegal
or unenforceable, all other provisions nevertheless shall remain effective; ptovided, however, the
parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a
provision that will achieve the original intent of the parties hereunder.
21 . This Agreement may be amended. modified. or changed. in whole or in part, only
by wrinen agreement duly authorized and executed by the County and the authorized signatories
for the City.
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22. V enuc for the trial of any action arising out of my dispute bemmder lball be in
Arapahoe County Di.strict Court, pursuant to the appropriate rules of civil proc:echn.
23. Notices, u referred to in this Agreement, shall be sent to:
COUNTY: Board of County Commiaioners of Arapahoe County
5334 South Prince Street
Littleton, Colorado 80166-0001
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80166-0001
and
Arapahoe County Open Space Mmqer
Arapahoe County Public Works and Development Department
10730 East Briarwood Avenue, Suite 100
Centennial, Colorado 80112-3853
and
Open Space and Trails Advisory Board
c/o Arapahoe County Public Worb and Development Department
I 0730 East Briarwood Avenue, Suite 100
Centennial, Colorado 80112-3853
CTIY: City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
and
Daoiel Brotzman. City Attorney
City Attomcy's Office
I 000 Englewood Parkway
Englewood, Colorado 80110
24. This Agreement shall be governed by, and shall be CODSClued in accordance with.
the laws of the State of Colorado.
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25. This Agreement comtitutm the entire apeemcnt of the partia hereto. Tbe parties
agree that there have been no represenlllioaa made repnting the mbject IDIISCr hereof odaer tban
those, if any, contained herein. that thia Ap,ement comtitutm the CIDl:n apemmt of the patilll
with respect to the subject matter beno( 11111 1brtber qree that the wrioul promilm 111d
covenants contained herein are mutually agreed upon IDll are in c:omidcnlion of one aaodlar.
26. This Agreement shall inure to the benefit o( 11111 be binding upon, the Parties to
this Agreement
27. If litigation ia commcnced by either party CODCCIDDII this Agreement. the
prevailing party shall be entided to recover its reuonable attomey's fees and collll from tho odaer
party.
28. This Agrecmcot may be tamimted by either party upon thirty (30) days writlm
notice to the other party.
IN WITNESS WHEREOF, the County and the City have executed this Agreement a of
the dale set forth below.
DATED this __ day of ______ __,2004.
ATTEST:
By. _______ _
City Clerk
APPROVED AS TO FORM:
By.~-------
City Attorney
ATTEST : Nancy A. Doty
Clerk to the Board
By.~-------
APPROVED AS TO FORM:
By. ________ _
Assistant County Attorney
CITY OF ENGLEWOOD:
By. ________ _
Namell'ide
COUNTY OF ARAPAHOE
STATE OF COLORADO
By.~--------
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Chair, Boani of County
Commiaioam
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RESOLUTION NO. 030381. It vaa moved by Coiamissi9ner Mackenzie
and duly seconded by COlllllissioner Zimmer to adopt the following
Resolution:
WHEREAS, the Board of County Comaiasionera and the Open
Space and Trails Advisory Group have detexmined that there is a
need to plan and develop an approach for the preservation of
open space in Arapahoe County; and ·
WHEREAS, the County does not have the funds in its treasury
sufficient to finance acquisitions of open apace without
curtailing to an unacceptable level other services which the
county is obligated to provide; and
IIIIEREAS, the County is authorized by lav to illpoae a sales
tu on the sale of tangible personal property at retail and the
furnishing of services and a use tax for the privileve of using
or consuming any construction and building materials purchased
at retail and the privileve of storing, using or consUlling any
motor and other vehicle, purchased at retail on which
registration is required, subject to approval of the registered
electors of the County; and
IIHEREAS, the Board of county Cmaiaaionera baa deteadned
that it ia in the interest of the residents of the County to
impose a County-Wide sales and use tax at the rate o~ one
quarter of one percent (0.251) for the period beginning January
1, 2004 through December 31, 2013, and the receipts frCIII which
will be restricted in application to the Open Space objectives
as set forth acre fully herein; and
WHEREAS, the Board of County Ccaaiaaionera baa deterained
that a question regarding the illpoaition of a sales and use tax
for the purposes enunciated herein should be aumitted by the
Board of County Cmnissioners to the eligible electors of the
County; and
WHEREAS, the Board of County Cmaiaaionera bas reviewed the
proposed ballot question to be considered at the Novaber 2003
election; and ~
WHEREAS, pursuant to Section 1-5-203(3) C.R.S., the Board
of County Commissioners aust certify ballot contents to the
Arapahoe County Cleric and Recorder for said November 2003
election; and
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H01f, THEREFORE, BE IT RESOLVED by the Board of County
Comaissioners of the County of Arapahoe, State of Colorado, as
follows:
I. General Provisio~s
A. Purpose. The purpose of this Resolution is, upon the
approval of a majority of registered electors voting on
such proposal, to iapose a sales tax ~f one quarter of
one percent (0.251) upon the sale at retail of tangible
personal property and the furnishing of certain
services in the County, and to illlpose a use tax of one
quarter of one percent (0.251) for the privilege of use
or consuming in the County any construction and
building materials purchased at retail, and for the
privilege of storin9, using or consuaing in the County
any 110tor and other vehicles, purchased at retail on
which registration is required, all in accordance with
the provisions of Article 2 of Title 29, C.R.S., which
provisions are incorporated herein by this reference.
The sales and use tax shall become effective on January
l, 2004 and cease at 11:59 p.m. on December 31, 2013.
a. Statutory Definitions Incorporated.
this Resolution, the definitions
contained herein shall be as defined
26-102 and 39-26-201, C.R.S., which
incorporated herein by this reference.
For purposes of
of the words
in Sections 39-
definitions are
II. Imposition of Sales Tax. There is hereby imposed a County-
Wide one-quarter of one percent (0.251) sales tu on all
sales of tangible personal property at retail or the
furnishing of services in Arapahoe County, aa provided in
Section 29-2-105(1) (d), C.R.S., effective throughout the
incorporated and unincorporated portions of Arapahoe County,
subject to the following te~ and conditions:
A. Transactions Subject to the Sales Tax.
l. The tangible personal property and sen'lces
taxable hereunder shall be tb• .... as the
tangible personal property and •ervicea taxable
pursuant to Section 39-26-104, C,R.S., subject to
the same exemptions as tboae apecified in Section
39-26-114, C.R.S., including, specifically, and
not by way of liaitation, the ueaption for sales
of food (as the tem •food• is defined in Section
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39-26-102(4.5), C.R.S.), as exempted from the
Colorado state sales tax pursuant to Section 39-
26-114 (1) (a) (XX); the exeq,tion for vending
machine sales of food, as described in Section 39-
26-114(7.5), C.R.S., the ex9111Ption for purchases
of machinery· and machine tools specified in
Section 39-26-114(11), C.R.s., the exaiption for
sales and _purchases of those items listed in
Section 39-26-114(1) (a) (XXI); the exeaption for
occasional sales by a charitable organization, as
provided in Section 39-26-114(18), C.R.S.; the
exemption for sales and purchases of fara
equipaent or faz:a equipaent under lease or
contract exempted frcm the Colorado state sales
tax, pursuant to Section 39-26-114 (20), C.R.S., ·
excepting froa the definition of •tam equipaent•
parts used in the repair or -intenance of fara
equipaent, all shipping pallets or aids paid for
by a fam operation, · and aircraft designed or
adapted to undertake agricultural operations; and
the exemption for sales of low-emitting aotor
vehicles, power sources, or parts used for
converting such power sources, as specified in
Section 39-26-114(22), C.R.s.
2. Such sales tax shall not apply to pesticides that
are registered by the Colorado ec-iasioner of
Agriculture for use in the production of
agricultural and livestock pl:Oducts, pursuant to
the provisions of the •Pesticide Act· Article 9 of
T°itle 35, C.R.S., and offered for sale by dealers
licensed to sell such pesticides, purauant to
Section 35-9-115, C.R.S., notvitbatanding the
removal of such pesticides free tbe Colorado state
sales tax base, pursuant to House Bill 99-1381,
enacted at the first regular session of the Sixty-
3.
Second General Asseably. ·
Such sales tax shall not apply to the sale of
construction and building uterials, as the •\:ua
is used in Section 29-2-109, C.R.S., if such
-terials are picked up by . the purchuer and if
the purchaser of such -terials pruents to the
retailer a building pexait or other docullentation
acceptable to the County evidencing that a local
use tax has been paid or is required to be paid.
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4. All sales of personal property on which a specific
ownership tax has been paid or is payable shall be
exempt from the sales tax imposed by Arapahoe
County when such sales meet both of the following
conditions: (1) the purchaser is a non-resident of
or has his principal place of business outside of
Arapahoe County, and (2) such personal property is
registered or required to be registered outside
the limits of Arapahoe County under the laws of
the State of Colorado. '
S. Such sales tax vill not be i.Jllposed upon the sale
of tangible personal property at retail or the
furnishing of services if the transaction vas
previously subjected to a sales . or use tax
lawfully imposed on the purchaser or user by
another statutory or heme rule county equa~ to or
in excess of that sought to be iaposed hereunder
by Arapahoe County. A credit shall be granted
against the sales tax imposed hereunder by
Arapahoe County with respect to such transaction
equal in amount to the lawfully imposed local
sales or use tax previously paid by the purchaser
or user to the previous statutory or hcae rule
county. The amount of the credit shall not exceed
the sales tax illlposed hereunder by Arapahoe
County.
6. Such sales tax will not apply to the sale of food
purchased with food stamps. For purposes of this
section, •food• shall have the meaning as provided
in 7 U.S.C. Section 2012(g) as such section exists
on October 1, 1987, or is thereafter aaended.
7. Such sales tax will not apply to the sale of food
purchased with funds provided by the special
supplemental food prograa for women, infants and
children, 42 o.s.c. Section 1786. For purposes of
this section, •fooct• shall have the saae meaning
as provided in 42 o.s.c. Section 1786 as .auch
section exists on October 1, 1987, or is
thereafter amended.
Determination of Place at llhich Sales are Consummated.
For the purposes of this Resolution, all retail sales
shall be considered consmaated at the place of
business .:,f the retailer unless the tangible personal
property sold is delivered by the retailer or his agent
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to a destination outside the limits of Arapahoe County
or to a colllDOn carrier for delivery to a destination
outside the limits of Arapahoe County. The gross
receipts from such sales shall include delivery charges
when such charges are subject to the Colorado state
sales and use tax i.Jlposed by Article 26 of Title 39,
C.R.S., regardless of the place to which delivery is
made. In the event a retailer has no pe:aaanent place of
business in Ara~oe County, or has more than one place
of business, the place or places at which the retail
sales are consmaated for the purpose of a sales tax
imposed by this Resolution shall be detemined by the
provisions of Article 26 of Title 39, C.R.S., and by
rules and regulations prCIIIUlgated by the Department of
Revenue. The amount subject to the sales tax imposed
hereunder shall not include any Colorado state sales or
use tax imposed by Article 26 of Title 39, c.a.s ..
C. Collection, Administration, and Enforcement. The sales
tax imposed hereunder shall be collected, administered
and enforced by the Executive Director of the Colorado
Department of Revenue ( "Ezecuti ve Director") in the
same manner as the collection, administration and
enforcement of the Colorado state sales tax. The
provisions of Article 26 of ~itle 39, C.R.S., and all
rules and . regulations praail.9ated thereunder by the
Executive Director shall govem the collection,
administration, and enforceaent of the sales tax
imposed hereunder. Distribution of all sales tax
collected by the Ezecuti ve Director, pursuant to this
Resolution, shall be to Arapahoe County.
D. Vendor' a Fee. At the tiae of aalting a monthly retum
of the sales taxes required by this Resolution, every
retailer shall be entitled to withhold a vendor's fee
in the amount, as authorized by state law, of the sales
tax remitted to cover the retailer's expenses in the
collection and remittance of said taxes. If any
retailer is delinquent in reaitting said taxes, other
than i n unusual circumstances shown to the satisfaction
of the Executive Director of the Department of Revenue
of the State of Colorado (the "ExaC'.:ti ve Director") , .
the retailer shall not retain any amounts to cover his
expenses in collecting and remitting said taxes. • If
any retailer, during any reporting period, lhall
collect as a tax an amount in excess of one percent of
the total taxable sales, the retailer shall remit to
the Executive Director the full amount of the tax
herein imposed and also the full amount of said excess.
E. Application of Section 29-2-108, ~.R.S. The 6.91
limitation on amount of sales tax provided for in
Section 29 -2-108, C.R.S ., shall be exceeded by 0.801 in
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the City of Aurora; and by O. 051 in the Cities of
Cherry Hills Village, Columbine Valley and Littleton;
·· and by 0.551 in the Cities of Englewood, Glendale and
Sheridan. The County sales tax does not exceed the 11
rate permitted by Section 29-2-108, C.R.S •
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III. Imposition of Ose Tax. There is hereby imposed a County-
llide one-quarter of one percent (0.251) uae tax in
accordance with the provisions of Article 2, Title 29,
C.R.S., for the privilege of using or consuming in Arapahoe
County any construction and building materials purchased at
retail and for the privilege of storing, using, or
cone\aing in Arapahoe County any 110tor and other vehicles,
purcbaaed at retail on which registration is required,
effective throughout the incorporated and unincorporated
portions of Arapahoe County, subject to the following te%lllll
and conditions:
A. Exemptions from the Ose Tax.
1. Storage, use, or consumption of any tangible
personal property the sale of which is subject to
a retail sales tax _imposed by Arapahoe County.
2. Storage, use or consumption · of any tangible
personal property purchased for resale in Arapahoe
County either in its original fora or as an
ingredient of a unufactured or ccapounded
product, in the regular course of a business.
3. Storage, use or consumption of tangible personal
property brought into Arapahoe County by a
nonresident thereof for his own storage, use, or
consumption while t9111pOrarily within the County;
however, this .exemption does not apply to the
storage, use, or consumption of tangible personal
property brought into this State by a nonresident
to be used in the conduct of a business in this
State.
4. Storage, use, or consumption of tangible personal
property by the United States government, or the
State of Colorado, or its institutions, or its
political subdivisions in their govemlllllhtal
capacities only or by religious or charitable
corporations in the conduct of their regular
religious or charitable functions.
5. Storage, use, or consumption of tangible personal
property by a person engaged in the business of
manufacturing or compounding for profit, or the
use of any article, substance, or ccwdity, which
tangible personal property enters into the,
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processing of . or becomes an ingredient or
component part of the product or service which is
manufactured, compounded, or furnished and the
container, label, or the furnished shipping case
thereof .
Storage, use, or consumption of any article 'pf
tangible personal property, the sale or use of
which has already -·been subjected to a legally
imposed sale "'r use tax of another statutory or
home rule county equal to or in excess of that
imposed by Arapahoe County. A credit shall be
granted against the use tu illlposed by Arapahoe
County with respect to a person's storage, use, or
consumption in Arapahoe County of tangible
personal property purchased in another statutory
or home rule county. The aaount of the credit
shall be equal to the tu paid by the person by
reason of the imposition of a sales or use tax of
the other statutory or h0118 rule county on the
purchase or use of the property. The aa:,unt of the
credit shall not exceed the tax imposed by this
proposal.
7. Storage, use, or consumption of tan9ible personal
property and household effects acquired outside of
Arapahoe County and brou9ht into it by a non-
resident acquiring residency.
8.
9.
Storage or use of a 11etor vehicle if the owner is
or was, at the time of purchase, a non-resident of
Arapahoe County and he purchased the vehicle
outside of· Arapahoe County for use outside of
Arapahoe County and actually so used it for a
substantial and primary purpose for which it was
acquired and he regilltered, titled, and licensed
said motor vehicle outside of Arapahoe County.
Storage, use, or consumption of any construction
and building materials and motor and other
vehicles on which registration is required if a
written contract for the purchase thereof was
entered into prior to the effective date of this
use tax resolution. . .
10. Storage, use, or consumption of any construction
and building materials required or aade necessary
in the perfoniance of any construction contract
bid, let, or entered into any time prior . to the
effective date of the use tax illposed hereunder.
The use tax imposed hereunder shall be applicable to
every motor vehicle for which registration is required
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by the 1aws of the State of Colorado, and no
registration shall be made of any motor or other
vehicle for which cegistration is required, and no
certificate of title shall be issued for such vehicle
by the Department of Revenue or its authorized agents
until any tax due upon the use, storage, or consumption
thereof pursuant to this Resolution bas been paid.
Collection, Administration, and Enforcement. Except as
provided by Section 39-26-209, C.R.S., the use tax
imposed hereunder shall be collected, enforced and
administered by Arapahoe County, consistent with
Arapahoe County's guidelines, policies and procedures,
which exist or may hereafter be promulgated not
inconsistent with this Resolution. The use tax on
construction and building materials shall be collected
by the County's Building Di vision of the Developaent
Services , Infrastructure Management Department, by
each IDWlicipality or, as aay be otherwise provided by
intergovernmental agreement, based upon an estimate of
building and construction materials costs sulaitted by
the owner or contractor at the time a building permit
application is made. All use tax collected on
construction and building materials pursuant to this
Resolution shall be distributed to Arapahoe County. All
use tax collected on motor or other vehicles pursuant
to this Resolution shall be distributed to Arapahoe
County •
. IV. Effective Date-Expiration Date. Upon adoption by the
electorate at the election on November 4, 2003, the sales
and use tax provided herein shall become effect! ve and in
force at 12:01 a.m. on January 1, 2004, and shall expire at
11:59 p.a. on December 31, 2013, and upon said expiration,
all aonies remaining in any of the FUnds created hereunder
uy continue to be expended for the purposes set forth
herein until ccmpletely exhausted. The effective date of
this Resolution and the date upon which the illlposi tion of
the sales and use taxes referred to herein begins shall be
January 1, 2004.
V. ' Necessity for Election. The sales and use taxes impose d
hereunder shall not become effective until and unles s a
majority of the registered electors voting thereon,
pursuant to Sections 29-2-103(1) and 29-2-104(5), C.~s.,
approve the ballot question.
A. Ballot Title/Question. The Ballot Title/Question on
the County-Mide Sales and Use Tax Resolution that
shall be referred to the registered electors of
Arapahoe County at the general election to be held on
Tuesday, the 4th day of November, 2003, shall be, in
substantially the following fora, with only such
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changes as may be determined by the Board of County
Commissioners:
BALLOT TITLE: WATER, WILDLIFE, OPEN SPACE, TRAILS AND
.NEIGHBORHOOD PARK MEASURE
BALLOT ~TION:
SHALL ARAPAHOE COUNTY TAXES BE INCREASED $17 MILLION
($17,000,000.00) ANNUALLY, AND .BY WHATEVER AMOONTS ARE
RECEIVED THEREAF?ER, BY A COOHTY-11IDE SALES AND USE TAX
OF ONE-QUARTER OF ONE PERCENT (0.251 OR 25 CENTS FOR
· EVERY 100 DOLLARS, 11BICH WILL NOT BB COLLECTED ON SALES
OF FOOD OR PRESCRIPTION DRUGS) , AND 11HICH WILL
ADTOMATICALLY EXPIRE IN 10 YEARS, IN ORDER TO:
• PRESERVE URBAN AND RURAL OPEN SPACE AND NATURAL
AREAS;
• PROTECT LANDS THAT PRESERVE IIATBR QUALITY IN
RIVERS, LAKES AND STRDMS;
• PROVIDE, MAINTAIN AND IMPROVE NEIGHBORHOOD
PARKS, OPEN SPACE, SPORTS FIELDS, PICNIC
FACILITIES AND BIKING, WALKING AND MULTI-USE
TRAILS;
• PROTECT WILDLIFE HABITAT AND CORRIDORS;
• PROTECT VIEWS, VISTAS AND RIDGELINES;
• PRESERVE AGRICULTURAL MD RANCH· I.MIDS; AND
• ENHANCE AND MAINTAIN DESIGRA'l'ED HERITAGE AREAS;
WITH THE REQUIREMENTS THAT EVERY INCORPORATED
MUNICIPALITY IN ARAPAHOE COUNTY RECEIVE A PRO-RATA
SHARE OF THESE REVENUES BASED ON POPULATION (WITH THE
TOTAL SHARE OF ALL NONICIPALITIES HDIG 501 OF
REVENUES COLLECTED); THAT EACH NUHICIPALITY SHALL
SPEND FUNDS SUBJECT TO AN IIITERGOVEIUINEIAL AGREENElft'
WITH ARAPAHOE COUNTY CONSISTENT 1IITH THIS BALLOT
ISSUE; THAT NO HORE , TUN 31 OF THB TOTAL AIIIIUAL
REVENUES BE USED FOR COUNTY AIIIDIISTRATIVE COSTS; THAT
THE COUNTY' S PROGRAM EXPENDITURES FOR PROJECTS AND
GRANTS WILL FIRST BE SUBMITTED TO A CITIZENS ADVISORY
BOARD FOR A REC0191END&TION TO THE COOIITY
COMMISSIONERS; AND THAT THE COUNTY PROGMN WILL BE
SUBJECT TO AN ANNUAL INDEPENDENT AUDIT, ALL AS
SPECIFIED IN RESOLUTION 030381.
AND SHALL THE COUNTY BE PElUIITTED TO COLLECT, JU!TAIN
AND EXPEND ALL REVENUES DERIVED FRON SUCH SALES AND
USE TAX AS A VOTER APPROVED REVENUE CHANGE AND AN
EXCEPTION TO LIMITS 11HICH WOULD OTHERWISE APPLY UNDER
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR
ANY OTHER LAW?
B. Cost of Election. The entire cost of the election
shall be paid from the general fund of Arapahoe county. ,
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C. Notice by Publication. The Arapahoe County Clerk and
Recorder shall publish the text of this Open Space
Sales and Use Tax Resolution four separate times, a
week apart, in the official newspaper of Arapahoe
County and each incorporated municipality within
Arapahoe County.
D. Election Officer. The Arapahoe County Clerk and
Recorder, as election officer, shall undertake all
measures necessary to caaply with the election
provisions set forth in Colorado Constitution, Article
X, Section 20 (3), including, but not liaited to, the
mailing of required e _lection notices and ballot issue
smaaries.
E. Conduct of Election. The conduct of the election shall
confona so far as is practicable to the general
election laws of the State of Colorado.
VI. Creation of the Arapahoe County Open Space FUnd. A
separate fund, to be known as the •Arapahoe County Open
Space Fund· (the ·Fund•), shall be created and 1001 of the
revenue derived from the sales and use tax iaposed on the
incorporated and unincorporated areas of Arapahoe County
shall be deposited thereto to be used solely for the
purposes stated herein and as further described more fully
below.
A.
B,
For purposes of Colo. Const., Art. X, Section 20, the
receipt and expenditure of revenues of the sales tax
and use tax shall be accounted for, budgeted and
appropriated separately frOIII other revenues and
expenditures of Arapahoe County and outaide of the
fiscal year spending of the County as calculated under
Art. X, Section 20, and nothing in Art. x, section 20,
shall limit the receipt and expenditure in each fiscal
year of the full ..aunt of such revenues of the sales
tax and use tax, nor shall receipt and expenditure of
such revenues affect or limit the receipt or
expenditure of any and all other revenues of Arapahoe
County for any fiscal year.
Interest frcm Revenues and Incaae Generated from
Acquired Lands. Interest generated frca the revenues
of the sales and use taxes imposed herein shall be
used for the purposes stated herein. Incaae generated
from the use or lease of preserved lands, natural
areas, wildlife habitats, and parks acquired with the
sales and use taxes iaposed herein shall be used for
the purposes stated herein.
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VII. Open Space and Trails Advisory Board. If said sales and
use tax is approved, the Board of County Commissioners shall
appoint an· Open Space and Trails Advisory Board C-OSTAB•)
within ninety (90) days following approval of the election
question.
A. OSTAB shall consist of seven ambers.
8. Each County Coalli•sioner shall appoint one resident of
his/her ccmaisaioner district to serve u an <>STAB
~r.
C. The Board of County ec..isaioners shall appoint tvo
Arapahoe County residents as at-large aembers.
D. OSTAB aembers shall serve three-year te~ of office,
except the initial tem of thrN of the SeftD aellbera
shall be for two years. Nabers -y be re-appoi~ted
to no aore than two •uccesaive tez:aa.
E. OSTAB aeabera shall Mrve at the pleasure of th• Board
of ~unty Cclllllissioners.
I'. Nabers •hall not be caapeuated for their Hrrices.
G. Nabers shall act in accordance with law, including
Colorado conflict of interest law• applicable to
public bodies. l1o aaber sba1l wote or participate in
the application proceH recJArding an acquisition or
expenditure in which be or she bas a fiunc:ial or
ownership intenst, or llbere be or she bas an
ovnerahip interest in an adjacent property. ·
H. OSTAB shall ... t quarterly, becJiluun9 the first
quarter of 2004, or aa neceaaary, to review propoa~
projects and perfora other dutiu in accordance with
this Resolution.
I. OSTAB shall •ke rec ndatiou to the 1oara· of
County caaa1,aionera rega.rdiD9 the distribution of ·
rennue collected fraa the Ope Space lalu and Uae
Tax, in accordance with the pidalinea aet forth in
this Resolution.
VIII. Distribution of Sale• and Uae Tu leYUue. flw revenue
collected froa the Open Space Sal•• and Oae Tu aball be
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distributed and administered in the following manner and
aubject to the definitions and condition. aa set forth in ·this Resolution: ·t ·,
A.
The annual revenue frca the Open Space Sales and Ose
Tax 'ahall be distributed according to the percentages .
as set forth below. Expenditure of said X.'9'9Due is
governed by the provisions set forth in Section VIII.
Shareback to all incorporated
lllmicipalities or portion. thereof
based on the population of the incorporated
aunicipality or portions thereof in
Arapahoe County versus total population ·
of incorporated areas in Arapahoe County 501
County Open Space Prograa funds to be
used as f~llovs:
County Administrative Coats 31
Available as grants to
incorporated municipalities
and spacial districts within
Arapahoe County 121
Designated Arapahoe County
Heritage Areas 3.61
Maintenance of County Open
Space 3.241
Acquisition of open apace and/or
interests in open apace to
include for the development of
1111lti-uae trails 28.161
Total distribution by percentages of
Open Space Fund created by
Open Space Sales and Dae Tax • •
1001
County Administrative Costa are those coats neceasary
for the County to •dainiater the diatdbution of
funda, to include distribution of Sharebact l'Unda1
development, creation, oversi9ht and aonitoring of and
CClllpliance with Intervovernaental A9re ... nts (•rGAa•)1
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grant review and distribution of grant funds; site .
. reviews for grants and review of certified · Annual
Municipal Reports, as well as to administer the
.County• s own Open Space Program, excluding
· •intenance, as set forth aore fully below.
C. Shareback Funds are those aonies distributed to the
incorporated municipalities wholly and/or partia1ly in
Arapahoe County for open space uaes as aore fully set
forth below.
1. These funds will be distributed to each
incorporated aunic~pality within or partially
within Arapahoe County based on the . population
within said jurisdiction in Arapahoe County and
the total incorporated population of Arapahoe
County.
2. The ·population figures will be updated annually
based on the official figures provided by the
Deaograpby Section of the Colorado Departaant of
Local Affairs or any state agency which takes
o,,.r the duties and reaponsibilities of said
Demography Section.
3. The Shareback Funds will be distributed on an
annual basis to each incorporated municipality,
wholly or partially within Arapahoe Coµnty,
provided that:
a. The incorporated amicipality has entered
into an Intergoftnlalmtal ~t ( IGA)
vith the Boa;d of County Cclllllissionera.
b. Such required IGl reflects the tenas,
conditions, intent and purpose of this
Resolution consistent with the guidelines as
set forth in Section VIII (C) and (I:) below.
c. Sbareback Funds •Y be used for the -1,pen
space uses as set forth in Section VIII (E)
below •.
d. In addition, Sbarebact FUnda •Y be 11aed to
purchase and/or denlop and/or illprove
existing neighborhood parts and/or sports
fidda.
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e. Further, an incorporated municipality aay
use up to ten percent (101) of its Sharebact
Funds distributed by the County annuallY, to
maintain existing or new open apace
properties, neighborhood parts and sports
fields.
f. Incorporated municipalities aay bank
Sharebact Funds frca year to year as long as
such funds are expended in accordance with
the purposes set forth in this Resolution,
and such is noted in the Annual Municipal
Expenditure Report as set forth in Section
VIII (C) (3) (CJ) •
CJ. Every December 31st, each incorporated
municipality, which received Sbareback
Funds, IIU8t certify and sumit in · writing,
to the Board of County C«-issioners, that
the funds were used in conformance vith this
Resolution and aust detail the expenditures
of its Sbarebact Fonds. Such swaission
shall be called the Annual Municipal
Expenditure Report.
h. If Shareback FUnds are not used in
accordance with the provisions and
guidelines set forth in this Resolution
and/or are used in violation of the texaa
and conditiona. of the IGA, the offending
incorporated IIUDicipality will be ineligible
for future Shareback Funda, unless and until
a ccarpliance plan is subaitted by the
offending amicipality to and approved by
the Board of County Coaaissioners.
i. If the offending aunicipality fails to
subl.i t a compliance plan approved by the
Board of County ec-i.Hioners or fails to
Met the requiraaenta of the Board of County
C~saionera' approftd caapliance plan,
then the Share of the non-ca11plyin9 entity
will be distributed, baaed · on annual
population figures, aaon9 the other
participating incorporated aunicipalities.
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D. The County Open Space Program shall have the following
components:
1. . Grant Program. The County shall have funds, as
specified above in Section VIII (A) , available
for distribution in the foz:m of grants to
incorporated IIWlicipalities; special districts,
which provide recreational services or amenities;
and recreation districts. Said grants shall be
us'9d for the purposes speci~ied in Section
VIII (C) (3) (d) or VIII (E) (1), and in accordance
with the guidelines set forth in this Resolution.
a. Those entities having proposals consistent
with the guidelines as set forth in this
Resolution aay sum.it . their grant
applications to OSTAB.
b.
c.
OSTAB and County staff shall review the
grant applications and make recc-endations
to the Board of County CClllllissioners
regarding the approval, conditional approval
or denial of each application •
The Board of County Ccaaissioners then shall
approve, conditionally approve or deny the
grant application.
d. If the County distributes less than 121 of
the Open Space Sales and Ose Tax as
designated for grants, the remaining portion
shall be retained by the County to be used
for purposes set forth in Section VIII (D)
(5) below.
2. Designated Heritage Areas. The Board of County
· Ccallissioners shall authorize expenditure of
funds for Designated Arapahoe County Heritage
Areas (•Designated Berita9e Areas•) located in
unincorporated Arapahoe County. :
a. A Designated Berita9e Area is defined as
lands or structures which have a cultural or
historical siCJnificance to Arapahoe County,
such as a historic property or a future
fairgrounds.
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b. The Board of County Conmissioners shall
consider designating land or a structure as
a Designated Heritage Area after OSTAB and
County staff have reviewed and Jllllde
recomaendations on a proposal for such an
area.
c.
d.
Before it designates a Designated Heritage
Area, ·the Board of County Comidssioners
shall conduct a public hearing on the
proposal.
FUnds allocated to Designated Heritage Areas
aay be used for aaintenance of structures
and grounds, as well as for future
improvements and operations. Funds may not
be used for construction of new buildings.--
e. If the County uses less than the allocated
funds ~or Designated Heritage Areas, the
remaining portion shall be retained by the
County as set forth in Section VIII (D) (5)
below.
Open Space Maintenance. The County .. y use
funds, as specified in Section VIII (A) , for
maintenance of County Open Space, to include
trails.
a. Open Space .. intenance funds may~ be used
for maintenance of Designated Heritage Areas
if said areas' aaintenance is funded under
the Designated Heritage Areas portion of the
County's program.
b . If the County uses less than the allocated
amount in the Fund for aaintenance, the
remaining portion shall be retained by the
County as set forth in Section VIII ( D). ( S)
below. •
Acquisition of Open Space and Trail DeTelopaent.
The County shall use the percentage of tb• FUnd,
as specified in Section VIII (A) abo••, to
acquire open space or interests in open apace and
develop trails. Monies in this category aay be
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banked for future acquisitions and/or projects,
consistent with ~ection VIII (D) (5).
If the allocated funds for the County
administrative costs,. 9J'anta, Designated BeritaCJ9
Areas, County open apace maintenance and/or
acquisition of open space or interests in open
space or trail developaent are not expended by
December 31st of each year, County staff shall
bank such funds accordincJ to the aforeaentioned
uses. At any tble, County staff shall rec:mend
to OSTAB the use of such banked funda for the
purposes so designated and/or for acquisition of
open spa~e or interests in open space and/or
trail purposes. OSTAB and County staff shall
mate . recmaendations on the use of the unexpended
funds to the Board of County Commissioners. 'l'he
Board of County Coaaiaaionera then will accept or
reject OSTAB~s and/or County staff's
reccaaendationa and/or designate the monies to be
expended in a manner consistent with this
Resolution.
6. On an annual basis, the County will hire an
independent auditor to audit the County's
expenditures of the FUnd.
E. · Additional Guidelines for Oae of Funds:
1. Revenues collected frca the Open Space Sales and
Ose Tax may be used in the following manner:
a. To acquire . fee title interest . in real
property for the purposes provided herein;
b. To acquire leas than fee interests in real
property for the purposes provided herein;
such as easeaents (including conservation
and agricultural), future interests,
covenants, development rights, subaurkace
rights and contractual rights, either on an
exclusive or nonexclusive basis;
c. To acquire
connection
herein;
water ri9hts for
with the purposes
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d. To acquire lands that preserve urban and
rural open space; natural areas;
agricultural and ranch lands; water quality;
lakes; rivers; atreaas; corridors of rivers
and streams; news; vistas; ridgelines;
wildlife habitat and movement corridors;
trail corridors; flood plains and wetlands;
e.
f.
To acquire lands that are
maintainin9 cmmunity identity;
buffers
To acquire lands for outdoor recreation
puEPOSee lillited to passive recreational
use, including but not liaited to biking,
snowshoeing, photography, nature studies,
and if specifically designated, bicycling,
horseback riding, hunting and fishing;
9. To acquire lands with other important values
such as historic sites that contribute to
the County's and County municipalities'
natural and cultural heritage;
h. To acquire rights-of-way and easeaents for
trails and access to public lands, and to
build and improve such trails and access
ways;
i. To allow expenditure of funds, consistent
vith the CJUidelines set forth in this
Resolution, for joint projects between
counties and aunicipalities, special
districts vtiich have a recreational
component, recreation districts, or other
governmental entities in the County;
j. To improv.e, restore and/or protect open
space lands as provided herein;
k. To manage, patrol and aaintain those lands
as provided herein;
1. To pay for
construction,
improvements;
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related
equipaent,
acquisition,
and/or
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To allow for construction of picnic
facilities in a JUnner consistent with the
purposes of this Resolution;
To allow for the funding of environmental
education programs in a manner consistent
with the purposes of this Resolution;
o. To impieaent and effectuate the puq,oses of
the Open Spae11 Prograa.
Ro land or interests acquired with the revenues
of the Open Space Sales and Ose Taz aay be sold,
leased, traded, or otherwise conveyed, nor aay an
exclusive license or peaait on such land or
interests be given, without such approval by the
governing body of the entity ha~ received any
portion of the Fund, after conducting a public
hearing.
3. If the Board of County ec-isaioners sells land
or interests as specified in paragraph 2 above,
the proceeds shall be deposited with the Open
Space Fund.
4 • If any incorporated aunicipali ty; special
district, which provides recreational services or
amenities; or recreation district, sells land or
interests as specified in Paragraph 2 above, the
proceeds shall be deposited in a fund to be used
for purposes consistent with this Resolution.
IX. Repeal and Amendment
A. If this Resolution is approved by a majority of the
registered electors of Arapahoe County at the election
to be held on November 4, 2003, its provisions relatin9
to the amount · of tax imposed, specifically the one-
quarter of one percent (0.251) sales taz specified in
Section II and one-quarter of one percent (0.2Sl)··u.e
tax specified in Section III, the provisions relatincJ
to the deposit and expenditure of revenue as set forth
in Section VI, and the provisions of Sections VII and
VIII, shall not be repealed or aaended except by a TOte
of the registered electors of the County.
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B. Except as provided in subsection A. hereof, or as.
otherwise provided in.Article 2 of Title 29, C.R.S.,
the provisions of this Resolution may be repealed or
amended, subsequent to its adoption of the sales and
use tax by a majority of the voters of Arapahoe County,·
· by a majority vote of the Board of County
Coaaissioners, and such repeal or amendment need not be
aublitted to the registered electors of the County for
their approval.
X. Miscellaneous
A. Lilllitation on Ammunt of Tax. In the event the 6. 91
percent limitation provided in Section 29-2-108,
c. R. s. , were to be exceeded in any incorporated
municipality within the County by the sales and use
tax imposed by this Resolution, aucb limitation shall
be exceeded by no aore than one percent in said
incorporated municipality.
B. Severability. If any section, paragraph, clause, or
provision of this Resolution, or the ballot question
aubaitted to the registered electors at the election
provided in Section V above, shall be adjudged to be
invalid or unenforceable, the invalidity or
enforceability of such section, paragraph, clause or
provision shall not affect any of the remaining
sections, paragraphs, clauses, or provisions of this
Resolution or said ballot question. It ia the
intention of the Board that the various parts of this
Resolution and said ballot question are severable.
The vote was 5-0: CCIIDisaioner Mackenzie, yea;
COllllli.saioner Vickrey, yes; COlllllliaaioner Myers, yes; COlllll.isaioner
Beckman, yes; Coanissioner Zinaer, yes.
The Chair declared the motion carried and so -ordered.
PASSED AND ADOPTED this 17t11 day of June, 2003,: in
Littleton, Arapahoe County, Colorado.
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ZNGLBWOOD MtlNICJPAL CODE
Caz. If the nitum or tbe tu remittaaca ia m.d
1atar tbaD tbe twmtiath day of Neb mam:b er •
pna:rihed by the Dinctar, tbe am-half paramt
(0.5~) veadar's fee allowance shall be b&ited
and addad to the 8DIOUDi al the ddci8Dcy.
D. All otbar persaaa shall pay to the Directur
tba IIIIIOWlt: of any tu due uader the pru9ildaaa of
t:bia 9ec:dan 4-4-4-7, aat latar thu U.. (15)
daya aa.. the date that said tu becomes due.
<Code 1988, I 4-M-7; Ord. 02-58)
4+& UN Tu lmpc,Nd.
"'441: Tu OD S&or,ip. Comampdoa and u-.
n.. ia bareby l89iad aad thant shall be col-
lected from nwry person in the City, a tu upon
the initial privilep al storine, uain( or CODaumins
wi1:bin tbe boundariae al the City any articlea al
taqibla perlCll1&l property purcb.ued at retail
from IIOUl'C8I outside the corporate limita of the
. Such tu, to beeama efl'ective JanllU)' l,
~ sball be payable to, and shall be c:ou.ct.d
the Dinc:tor of Financial Services in aa:or,.
dame with the followin, schedule:
Cm Staraie Or Acquiaition
Chargn Or Coat Taz
$0.01 iDclwfinr S0.14
$0.15 iDdudiq S0.42
$0.43 iDdwfinr so. 71
S0.72 iDdwfinr S0.99
$1.00 iDcludiq Sl.28
$1.29 including Sl.57
$1.58 including Sl.85
$1.86 including $2.00
NoTu
$0.01
S0.02
S0.03
S0.04
$0.05
S0.06
$0.07
On storap or acquisition charps or coata, in
excess or two dollars ($2.00), the tu shall be
seven cents ($0.07) on each two dollan ($2.00) al
such storap or acquisition charps or coat, plua
the tu shown in the above schedule for the
applicable fractional part or a dollar or each such
c:harps or cost.
For transactions consummated on or after Jan-
uary 1, 1986 , the City uae tu shall not apply to
(
e storap or construction and buildini materi-,.
ode 1985, § 4-4-5-1)
Supp. No. 11
~ Eampdoaa to U• Ta.
· A-'flle tu er aciN ..W by 9ec:dan 4-4-5-1 ia __,.. w.. to be mpplenentery tD the tu
Ja,riad by SectiGD 4-4-4 ha90( and fir tbia l'Nallll,
die tilawiq tnnuctiona shall be aampc tbare-
lram:
L The stmap, UN or c:aaaimptian of per-
aaaal praperty, tbe .. ofwbich ii suhject:
tD tbe -lffl8d by Sectim 4-4-4.
2. Tbe stmap, me er c:aumnpt:iOll of any
--pal'IGllal property parc:bued fir NlaJe to tbia Ci.1:1, li1:bs ill ita oricina1
form or • an iqncliam of a IDIIDufac-
tured or compounded product, in the 1'81·
ular coune of a buaineu.
3. The 111:arap, -or cauumption al motor
fuel upon which there hu accrued, or baa
been paid, the motor fuel tu preecribed
by tbe Colorado Motor Fuel Tax Law of
1933, er llllY ameodmenta thereto.•
4. Tbe stanp, UN or canaumptim of tanp-
ble panaaal property wbicb WU acquired
at a time when the UNr or CODIUmW'
tmnaf WU a IIOIUWideDt al the City;
providad ita -or CCIIIIUIDpticz ia fbr ~
beadt of said UNr or conaumer.
5. The stanp, UN or canaumption of tanp-
ble penonal property of the United Stataa
pwmnmt, or the State of Colorado, or
ita imtmiticma, or m political tubcim-
liom, in their penunmtal Clpaatiea
oaly; or by relicioua. charitable or eleemo-
ll)'IW'Y institutiona ill the conduct of their
resuiar relicioua or charitable ftmctiona·
pn,vided, bowcmir, that DO c:ommarcia1'.
~ or otber bankiDa institutiona,
arpniad or cbartaecl bytbe Unitad Stat.
l'J"IDD18Dt. any apncy or department
tbenio( or by the State al Colorado, shall
be c:onaidered a aa,,ernmmtal inatitutioo
!Jr tbe purpo19 al thil aemptim.
6. 'l"ba storap. UN or COIIIUDlptioll of tanci·
ble penonal property by a person eacapd
ill the buainaa al manufacauiq, com-
poundia( fbr sale, profit or UN, llllY arti•
"I ».2'7-101 ot NCI· C.R.S. lt73.
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\;:~iit~
cle, substance ar commodity, wlw:h taqi-
ble penaaal property 1118D all ol tbe
lillawiDC conctitlm1
L Is actually md factaa1ly tr•o-611 med
by tbe proceee ol m•no&ct:ure;
b. Becamee by the mennfttctnrinr pro-
CIII a DICIIIU1 end ncqrriabJ•
lnpedimt, cvnpment er Cllllldtu-
mt put ol tbe 8nilbed prodnd; end
C. Its phyaical preNDC8 in. tbe 8nilbed
product is •1«1ttal to tbe me tbereal
iD tbe bande al tbe u1timete con.-
swnar.
B. For tramaction• c:on.summated an or after
January 1, 1986, the City's UN tu shall DGt epply
to the storap, 11118, or c:amumption al ao.y article
ol tanaibJe personal property, the sale ar 1111 ol
which bu already been subjected t.o a saJea or 1llll
tu af another statotary ar home rule monic:ipel-
ity propsly end propcirtiaaa1ly impmm ca tbe
purcbaes or UNI' equal t.o ar iD -r1 tbne
md ou-balf pammt (3.5'ir,). A c:ndit shall be
,ranted apinat tbe City's UN ta with rmpect to
tbe persoa's starap, UN ar conaumptim in. tbe
City af tanrib)e penonal property, tbe amoam al
tbe credit t.o equal tbe tu paid by himlber by
reuan al the impaeition al a salee ar UN ta oltbe
pnrriow1 statutory or home rule m•miciptllty an
bialber purcbue or 1llll al tbe proparty. 'ni.
amount al the credit shall not aa:eecl tbne and.
one-half percent (3.5%).
C. For transactiovs consummated an or after
January 1, 1986, the City's UH tu shall not be
imposed with respect to the UN or COOIWDption al
tanribJe personal property within. tbe City which
occurs more than three (3) years after the IIIOlt
~t sale af the property if, within the tbrN (3)
years fDl1owinr such sele. the proparty hu belll
sirnificaotly used within the State tor the prim:i-
pal purpoaes far which it was pun:haNcl.
D. Nothio.r herein contained shall be deemad
to eumpt from the blt levied by subNctioo. 4-4-
5-3B on the starap. UN or conaumptiOG al any
tan.cihle personal property to be UMd by a coo.-
·•
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tnctor lir the c:amtrw:tioo. al ao. improvemeo.t ibr
my al tbe imtitottma ar q,mdee an'IDDa'lt.ecl iD
........ Aaabuft.
(Code 19U. I 4-4-5-2>
4,+1,,81 Parma* ad CollectioD of u. Taz.
A. Payment of Ta:
L All paeaa1 who en NqQired to obteiD a
--ta lfcmN pannmt to tbe prori-
liane afSed:lon 4-++4 shall indude within
tbe nitmn reqaind to be med, panuent
tn the prarieioae al Sectian 4""'"'4-7, such
infbno.attoo. II may be requind by the
City II may ea.ebJe it accurately to com-
pute the IUIIOVDt al UN ta doe from said
rwtai1s rar ~ made by such re-
teiler fill' wbi&:b a ua tu ia due durina the
pariod tor wbi&:b such nttum ii !Jed.
2. All other pa'IOll8 shall pay tn the City,tbe
emoant al any ta doe undar tbe pruri-
liaoa al Section 4-4-5-3, a.at Jam than
... (15) daJa eftlr the data dm lllid
ta blcamll clmi.
B. Paymeo.t end CoDecdm CID Spec:i6: Itmu: n. tbl1awm, special prorieiao.a aball l)lllly tn the
paJ'llllllt al aD.y UN tu doe CID the 1199, ~
t:im ar storap al tbe m1Jowinr itmm:
L Motor ~ and 7luilcrs: AAy paeaae
who shall pmchue ao.y mamr ftbide,
treiler ar semi-trailer, whetbs .... er
1118d, outside the City, with the iDt1Dt tn
nipstar the same at ao. ~ inlide the
City, shall immecti•taly, end prior to NC'"
ietarinr ao.d obtaiDinr lkenee pJara mer.-
-make a retom mowio.r Reh tnneac-
tion t.o the City ao.d pay to the City the UN
ta appJicebJe tbanilD II prG'rided iD SW,-
NCl:ioo A lm..a
2. ~ .atawiala GIid Supplia: Any per-
am who doee aat meilltliu a ~
pJem albaeinal widlin tbe boandariee al
the City and who lball build, cautruct ar
impnJft ao.y baildinc, dweDms er atbar
ICrUctun er~ to l"Nlty what-
_... within the City sball, Qpclll appli-
catioll b I baiJdinc parmit, pay a a
dlpoeit rar paymmt r1 the tu Ja,,ied i,y
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OIU>INAHCilK). _
SERIES OF 2004/2005
BY AUTHORITY
COUNCIL BILL NO . 64
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING AN INTEltOOVERNMENTAL A<HlE!MENT
BETWEEN THE CITY Of BNGLEWOOD, COLORADO AND ENGLEWOOD
PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL PllOYIDUIN'at!WOOD
PUBLIC SCHOOLS WITH VEHICLE MAINTENANCE .
WHEREAS, the City of Englewood has been servicing the Englewood Public Schools
vehicles since 1992; and
WHEREAS, the City of Englewood and Englewood Public Schools desire to renew
the agreement whereby Englewood provides Englewood Public Schools with vehicle
maintenance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjop I . The Intergovernmental Agreement between Englewood Public Schools
and the City of Englewood, Colorado for vehicle maintenance, attached as "Exhibit A',
is hereby accepted and approved by the Englewood City Council. The Mayor is
authorized to execute and the City Clerk to attest and seal the Agreement for and on
behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 20th day of December,
2004 .
Published as a Bill for an Ordinance on the 24th day of December, 2004 .
Read by title and passed on final reading on the 10th day of January , 2005.
Published by title as Ordinance No ._, Series of 200412005, on the 14th day of
January, 2005 .
ATTEST :
Douglas Garren, Mayor
Loucrishia A. Ellis. Ci ty Clerk
-1-
t
•
•.
• •
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
cenify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 2004/2005 .
Loucrishia A . Ellis
-2-
• '
CONTRACT
THIS .AGREEMENT, entered into this ~ day of 0:,:/:ok( , 2004 by and
between the City of Englewood, whose address is I 000 Englewood Parltway, Englewood,
Colorado 80110 and The Englewood Public School's, whose address is 4101 South Bannock
Sireet, Englewood, Colorado 80110.
TERMS OF CONTRACT
NOW TIIEREFORE, IT IS AGREED by and between the City of Englewood and the
Enalewood Public School's that: ·
1. The City of Englewood, Colorado shall perform the following services:
The City of Englewood shall perform all necessary repain and maintenance
on the vehicles owned by the Englewood Public School's 10 the Englewood
Public School's satisfaction, and the Englewood Public School's shall pay to
the City of Englewood for such services the sum of sixty and 40/100 dollars
(S60 .40) per hour, in addition to the cost to the City of Englewood of any
pans or outside vendor charges plus Twenty percent (20"/a) handling fee.
2. The City of Englewood will proceed with the performance of the services called
for in Paragraph No . I on January I . 2005, and the Contract shall terminate on
December 31, 2005. Three additional one (I) year periods may be negotiated by
the City Manager or bis designee.
3 . Some maintenance of the Englewood Public School's vehicles sball be performed
by the City of Englewood acconling to a schedule to be made by the Englewood
Public School's and approved by the City of Englewood as pan of this apeement.
and shall include work requested by the Englewood Public School's or work
identified by Englewood during inspection of the vehicle.
4 . The City of Englewood sh:lll repair any vehicles of the Eng1ewood Public School's
delivered 10 the City of Englewood for dw purpose in a good. workmanlike
manner.
S. The City of En1lewood and the Englewood Public School's aaree noc 10: refuse to
hire, discba.rge. promote. demote or discrimi.nale in any mancr of compensation;
performance. services or otherwise, against my penon otherwise qualified solely
because of race. creed. se:<. color, D3tional origin or ancestry.
6 . This Conmu:1 may not be modified. amended or otherwise altered unless munwly
agreed upon in writing by the panics.
7 . The City of Englewood by and through 1ts employees and 31ents shall be
considered for :ill purposes of the Contr3Ct. to be independent conmu:1ors and
not employees of the Englewood Public School's .
8 . The Englewood Public Sc hool's by :ind through 115 employees and 31CDIS sh:lll be
considered for 311 purposes of the Contnct. to be tndependent conmu:tors and
not employees of the C ity of Englewood .
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9 . The City of Englewood shall not assign or transfer its interest in the Contract
without the written consent of the Englewood Public School's. Ally unauthorized
assignment or transfer shall render the Contract null, void and of no effect as to
the Englewood Public School's.
10 . The Englewood Public School's shall not assign or transfer its interest in the
Contraet without the written consent of the City of Englewood. Ally
unauthorized assignment or transfer shall render the Contract null, void and of no
effect as to the City of Englewood.
11 . The City of Englewood shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of the repairs under the
Contract The City shall, without additional compensation, correct or revise any
errors, omissions, or other deficiencies in its services relaaed to the Contract.
12. Either party of the Contract may terminate the Contract by giving to the other
party 30 days notice in writing with or without good cause shown. Upon delivery
of such notice by the Englewood Public School's to the City of Englewood and
upon expiration of the 30 day period. the City of Englewood shall discontinue all
services in connection with the performance of the Contract. As soon as
practicable after receipt of notice of termination.. the City of Englewood shall
submit a statement, showing in detail the services performed under the Contract
to the date of terminaliun. The Englewood Public School's shall then pay the
City of Englewood promptly that proportion of the prescribed charges which the
services actually performed under the Contract bear to the total services called
for under the Contract, less such payments on ilCcount of the charges as have
been previously made.
13 . All notices and communications under the Contraet to be mailed or delivered to
the City of Englewood shall be 10 the following address:
Director of Public Works
City of Englewood
l 000 Englewood Parlcway
Englewood. Colorado 80110
All notices and communications pertaining 10 the Contract shall be mailed or
delivered to the Englewood Public School's at the following address:
Englewood Public School's
410 I South Bannock Street
Englewood, Colorado 80110
14 . The terms and conditions of the Coniracnhall be binding upon entity, its
successors and :issigns.
l 5. , othing herein shall be construed JS crc:mng any personal liability on the pan of
any officer or :igent of :iny public body wbtch may be pany hereto. nor shall it be
construed as g1vmg any rights or benefits hereunder 10 :inyone other than the
Englewood Public S..:hool's :ind the City of Englewood.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year
first written above.
ATl'EST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk Douglas Garreu, Mayor
ATl'EST: ENGLEWOOD PUBLIC SCHOOL'S
~de::S·1'·7f Su~-
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ORDINANCB NO. -
SERIES OF 2004/2005
BY AUTHORITY
COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPR.OVINO AN INTERGOVERNMINTAL MJIBINl!HT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF
SRERJDAN, COLORADo WHlqtlBY ENGLEWOOD WILL PllOVID!'°'T'lm ClTY
OF SHERIDAN WITH VEIDCLE MAINTENANCE.
WHEREAS, the City of Englewood has been servicing the City of Sheridan's vehicles since 1992; and
WHEREAS, the City of Englewood and the City of Sheridan desire to renew the
agreement whereby Englewood provides Sheridan with vehicle maintenance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Scctjop 1. The Intergovernmental Agreement between the City of Sheridan and the
City of Englewood, Colorado for vehicle maintenance, attached as "Exhibit A ', is
hereby accepted and approved by the Englewood City Council. The Mayor is
authorized to execute and the City Clerk to attest and seal the Agreement for and on
behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 20th day of December, 2004.
Published as a Bill for an Ordinance on the 24th day of December, 2004.
Read by title and passed on final reading on the 10th day of January , 2005 .
Published by ti1le as Ordinance No . _, Series of 2004/2005 , on the 14th day of January, 2005 .
ATTEST : Douglas Garren, Mayor
Loucrishia A. Ellis , Ci ty C lerk
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I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 2004/200'i
Loucrishia A. Ellis
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CONTRACT
TBIS AGREEMENT, entered into this __ day of 2004 by 111d
between the City ofEqlewood. whose addras is 1000 Enalnood Parkway, Eqiewood,
Colaado 80110 and The City Of Sheridan. whose address is 4 01 Soud1 Federal Boulevard.
l!apwoocl. Colorado 80110.
TERMS OF CONTRACT
NOW TBEREFORE. IT IS AGREED by and between the City of Englewood and the City of
Sbmdm 11w:
1. The City of Enalewood. Colorado shall perform the followin1 services:
The City of Enalewood shall perform all necessary repairs and m•inrea•nce
on the vehicles owued by the City of Sheridan to the City of Sheridan's
satisfaction. and the City of Shcridln sball pay to the City of Eqlewood for
such services the sum of sixty and 40/100 dollars (S60 .40) per bour, in
addition to the cost to the City of Enpewood of any pans or owside vendor
charges plus Twenty percent (20-/o) bandlins fee.
2. The City of En&lewood will proceed with the performance of the services called
for in Paragraph No. I on January l, 200S and the Comract shall terminale on
December 31, 200S. Three additional one (1) year periods may be nqorwed by
the City ManaF or his designee.
3 . Some mincenmce of the City of Sheridan's vehicles shill be performed by the
City of Eqlewood according to a. schedule to be llllde by lbe City of Shmidln and
approved by the City of Englewood u put of this qreemcnt, and shall include
work requcsied by Sheridan or work idemmed by Ellglewood duriDg inspection of
the vehicle.
4 . The City of englc:wood shall repair my vehicles of the Cir:y or'Sberida.n delivered
to the City of Englewood rbr dw purpose in .i p,d. worlcmanlike manner.
S . The Ciry of Eqiewood JDd the City of Sheridan :igree aot to : refuse to hire.
· discharge. promote. demote or disc:riminm iD :my maner of compensation;
performance, services or otherwise • .ipiDSt :my person otherwise qualified solely
bec:wse of rac:. creed, se:t. color, twional oriam or mcestry .
6. Tlu.s Contr:iet may not be modified. :imended or otherwise ;iJtered unless mwually
qreed upon iD writing by the parties.
7. The City of Englewood by md through its employees md igena shall be
considered for ill purposes oi the Contr:iet. to be independent contr:1etors :md
not employees of the City of Sbericbn.
8. The City of !;hericbn by md throupi 111 employees md icena shall be ~ons1dered
for ;ill purposes of the Conir:ict. to tic inde;,endent .:ooirxtors 111d not
employees of the City oi Englewood .
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9. The City of Englewood shall not usi111 or trmsfer ics imerest in the Contract
without the wriacn consent of the City of Shcridm. AzJy ummborized
aaipunent or tramfer shall render the Conmct DUil, void and of no effect u to
tbc City of Sheridan.
10. 'lbc City of Sheridan shall not uaip or. tnnsfer its mansi in the Camnct
wi1baul the wrium c:onsem of the City of Enpwood. AzJy 1IIIIUlborized
lllipmenr or trlDSfer shall render the COlllrlet aull, void and of DO effilct u to
tbe City of Enalcwood.
11. 'lbc City ofEqlewood shall be rapomible far the profmional quality, teclmic•I
acc:uncy, timely completion and the cooalima:ion of the ~ under tbe
CODlnCt. The City shall. without additioaal compensation. comet or rmse my
enon.. omissions, or ocher deficiencies in ill Sll'Vices rewed to the Comnct.
12. Either party of the Coniract may terminate the Connet by &MDI to the other
pany 30 days notice in writin& widl or wi1baut aood came sbown. Upon delivery
of such notice by the City of Sbaidan to tbe City of Enpwood and upon
apiration of the 30 day period, the City of Eqlewood shall discom:iDue all
services in coanection wich the performance of the Comnct. ~ SOOD as
practicable ilfter receipt of notice of termination, the City of Enalewood shall
submit a staremcnt, showing in delail the services perfonned Ullder tbe Conuact
ID the date of termination. The City of Sheridan sball then pay the City of
Eqlewood promptly that proportion of the prescribed charps which tbe services
acmally performed under the Comract bar to the tow services called for under
the Conttact. less such paymems on xcomtt of tbe charges u have been
pnviously made.
13 . All ootices md communic:mons under the Comr:u:t to be mailed or delivered to
the City of Englewood shall be to tbe followiq address:
Director of Public Works
City of Englewood
l 000 En&lewood P3rlcway
En&lewood. Colorado 80110
All notices md communic:mons penain.in1 to the Conlr.lCt shall be mailed or
delivered to the City of Sheridan 31 the following address :
City of Sheridan
-UOI South Federal Boulevard
Englewood. Calorado SOI 10
I~. The terms :uid .:auditions of the Contr.ict shall be bindin1 upon e:ich City, its
succ::sso~ md JSS1gns.
15 . Nodu.ng be:-cm ,h:ill be constr.ied lS =nn1 lDY pc:10nal liability on tbe part of
any oific:r or ~ent oi lllY public JOCiy wlucb !Dlly be pany berm>, aor shall it be
constrUcd lS 11v1ng :my nghts or oenctitS bcreunc~ to :myonc ocher tmn the
City oi Shc:1d:in .md the C:ty of Englewood.
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IN WITNESS WBDEOI, 1be ~ hemm have aecalld tbia Coamct tbe day ~ year am wmrm lbovt.
ctTY or SBDrnAN
~HO._
SERIES OF 2004/2005
BY AUTHORITY
0
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 12. CHAPrBRS ID, 2, SANDIOF~liN,GI BW001> •
MUNICIPAL CODE 2000 BY CLARIFYING THE POLICY FOR ALLOWING PROPERTY I OWNERS TO "OPT-OUT" OF 11fE CONCRETE t.mLITY PROORAM AND CLARIFYING
TIIB PRIORITY FOR CREDITING UTILITY PAYMENT.
WHEREAS, when the Concrete Utility was adopted, a voluntary "opt-out"
provision was included to ensure the program being created would function as a utility
and not as a tax; and
WHEREAS, to prevent property owners from abusing the Concrete Utility and
jeopardizing the viability of this program, it is necessary to add an additional
provision to the Concrete Utility; and
WHEREAS, the City's "opt out" provision should not be available after the
concrete utility bas performed work on or adjacent to the property; and
WHEREAS, the City wishes to clarify the status of funds and priority for
application of such funds paid on the City of Englewood Utility bills;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, THAT:
Sec1jon I. Tille 12 , Chapter 8, Section 12 , Subsection F, pertaining 10 Concrete
Utility and Concrete Utility Enterprise Fund is hereby amended to read as follows :
12-8 : Concrete Utility And Concrete Utility Enterprise Fund
12-8-12 : Voluntary Non-Participation Provision
F. Owner(s) er,,he eheese te ~ "opt-out" after the Utility bas
acco~plisbed work on any concrete adjacent 10 their propeny
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reiMhwse the Ce11ere1e Utilit) the aelltal eest af eeBSNle ,epain
tJerfefffted a8jaeeRt ta Hie r,repefty , less aH pN • ie111 111ility fees pai«t ,
Ei11rn1g the 1iR1e that the p•eperty er,,119 pBl'I ef the Ce11erete Utilit,,.
I . The!!ie repair easts shall he hillee 8118 eelleetee i11 !he 9eRle
fflellfter as fen pltP.lttellt ta Ii! 8 I 9 ef the E11gle • eee
M1t11ie1pal Ceee.
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Section 2. Title 12, Chapter ID, Section 2, Subsections A and 8, pertaining to
Water User Rates and Charges, is hereby amended by the addition of a new subsection
8, to read as follows :
12-10: Water User Rates And Charge£
12-ID-2: Unpaid Charges a Lien .
f!. The owner shall be primarily responsible for the payment of all charges
arising out of the use of water at bis/her premises or under any license
issued for bis/her premises. Such charges shall constitute a perpetual and
continuing lien upon such property until such charges shall have been
paid in full, and no water will be furnished to any property or premises
against which any charge or lien remains unpaid.
~-When payment of City utility services is received, the City shall apply
said payment to satisfy an Stormwatcr Entemrise Fund charges firsL an
Concrete Utility Fund charges second. all Sanitary Sewer Fund charges
shall be satisfied next and lastly. W atcr Fund charges shall be satisfied.
in that order.
Section 3. Title 12, Chapter 2, Section 2, Subsection G, pertaining to Wastewater
Utility, is hereby amended by the addition of Number 3, to read as follows :
12 :2 : Wastewater Utility
12-2-3 Fees and Charges.
G . Collection Procedures :
J. When payment of City utility services is received, the City shall
apply said payment 10 satisfy au Stormwater Entemrisc Fund
charges first an Concrete Utility Fund charges second. all Sanitary
Sewer Fund charges shall be satisfied next, and lastly. Water Fund
charges shall be satisfied, in that order.
Section 4 . Title 12, Chapter 5, Section 5, Subsection D, pertaining to Storm
Water Utility and Enterprise Fund is hereby amended, to read as follows :
12-5: Storm Water Utility And Enterprise Fund
12-5 -5 : Billing and Payment of Fees.
D . When payment of City utility services is received. the Ci:y shall apply
said payment to sati s fy all Stormwater Enterprise Fund charges first , i!Y
Concrete Utility Fund charge s second. all~ Sanitary Sewer Fund
c harges shall be satisfied next , and lastly , Water Fund charges shall be
·ati s tied . in th at order.
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Sectjon 5. Title 12 , Chapter 8, Section 9, Subsection D, pertaining to Concrete
Utility and Concrete Utility Enterprise Fund by the addition of a new Subsection D, is
hereby amended , to read as follows :
12-8 : Concrete Utility And Concrete Utility Enterprise Fund
12-8-9: Billing and Payment of Fees.
J;?. When payment of City utility services is received, the City shall apply
said payment to satisfy an Stonnwatcr Entcmrise Fund charges first, an
Concrete Utility Fund charges second, au Sanitary Sewer Fund charges
shall be satisfied next, and lastly. Water Fund charges shall be satisfied,
in that order.
Section 6. Safety Clauses . The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Englewood, that it is promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 7. SeverabjJjty . If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment sball
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances .
Section 8. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict .
Section 9. Effect of weal or modification . The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty , forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decre e, or order which can or may be rendered, entered,
or made in such actions , s uit s, proceedi ngs, or prosecutions .
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Sectjon 10 . ..fmAl1x, The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 20th day of December,
2004.
Published as a Bill for an Ordinance on the 24th day of December, 2004.
Read by title and passed on final reading on the 10th day of January, 200S .
Published by title as Ordinance No. _, Series of 2004/200S, on the 14th day of
January, 200S .
Douglas Garrett, Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a tNe copy of the Ordinance passed on final
reading and published &y title as Ordinance No. _. Series of 2004/200S .
Loucrishia A. Ellis
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OllDIN'AMCI ......_
SERIES OF 2004/200S
BY AUTHORITY
COUNCIL BILL NO. 68
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
MC Olll>INANCB AUftlOIUZING AN ~VBaNMBNTAL AOIB8HRIT /
POI{ FY04 MISCELLANEOUS EQUIPMENT PURCHASES PR.OQBAM B~EN
THE DBNVBR. REGIONAL COUNaL OP OOVEINMBNTS (Dlt<X>O) AM>'IIIIB
CITY OF ENGLEWOOD COLORADO.
WHEREAS, each year governments can submit applications to DRCOG, who is
responsible for monitoring and administering Ibis program, to compete for available
federal funding for miscellaneous traffic signal equipment; and
WHEREAS, the Englewood Traffic Engineering Division of Public Works submitted
an application to DRCOG for miscellaneous equipment purchases through the FY04
Equipment Purchase program; and
WHEREAS, Englewood was awarded $75,000 towards the purchase of miscellaoeous
traffic signal equipment for State Highway 28S and Logan Street, which includes a traffic
signal cabinet, system detection equipment and signal networks/communication with the
City forces completing the equipment installation; and
WHEREAS, this will allow the City to control both corridors more efficiently,
selecting proper coordination patterns using actual traffic demand u a pideline when
appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. The Intergovernmental Agreement "Contract By And Betweeo The
Denver Regional Council Of Governments and City of EngJewood " -Project Number
543003, Contract Number EX04086, atta ched hereto as Exhibit I, is hereby accepted
and approved by the Englewood City Co ·,
~ 2. The Mayor and City Clerk " -authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 20th day of December,
2004.
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Published as a Bill for an Ordinance on the 24th day of December, 2004.
Read by title and passed on final reading on the 10th day of January, 200S .
Published by title as Ordinance No. __, Series of 2004/200S, on the 14th day of
January, 2005.
ATTEST :
Douglas Garrett, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance puscd on final
reading and published by title as Ordinance No. __, Series of 2004/200S.
Loucrisbia A. Ellis
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
("DRcooi
4500 Cherry Creek Drive South, Suite 800
Denver, Colorado 80246
and
CITY OF ENGLEWOOD
("CONTRACTOR,
Englewood Civic Center
1000 Englewood Parkway
Englewood, co 80110
Project Number 5"3003 Contract Number EX04088
RECITALS:
A. DRCOG has received U.S . Department ofTransportatlon Congestion
Mitigation/Air Quality (CM/AQ) funds through the Colorado Department of Transportation
(COOT}, to carry out traffic signal system improvements and purchases in the Denver
metropolitan region in fiscal year 2004 .
B. Authority exists in the law and funds haw been budgeted, appropriated, and
otherwise made available and a sufficient unencumbered balance thereof remains
available for payment
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous
traffic signal equipment consistent with the Traffic Signal System Improvement Program
adopted December 1999. DRCOG wiH reimburse the Contractor for up to 575,000
(Seventy-Five Thousand Dollars) from federal funds for the purchase of this equipment
as listed and described in the attached Scope of Services (Exhibit A).
o. The Contractor agrees to comply with an relevant provisions of the .contract
between DRCOG and COOT, incorporated herein by reference and made a part of this
contract , as if fully set forth , in the monitoring and administration of this contract.
NOW, THEREFORE, it is hereby agreed that
1. PURCHASE OF THE EQUIPMENT
a. General Requirements. The Contractor shal administer and purchase
the equipment as depicted in attached Exhibit A, which ii made a part of
this contract, in accordance with T1tle 49, Parts 18 and 19, a appropriate,
of the Code of Federal Regulallona regarding lnfotm administrative
requirements for state and local govemment:a and other non-profit
organizations .
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b. Submissions of Proceedings. Contract. and Other pocuments. The
Contractor shall submit to ORCOG al data. repo,11, records, contracts,
and other documents collected and developed by 1he Contractor relating
to 1he project as ORCOG may require. The Contractor shall retain intact,
for three years following project closeout, aD contract documents, ·•
ftnancial records, and supporting documents.
C.
d.
Award of Contract. This contract is awarded to the Contractor based
upon the Contractor's project appllcallon, which provides that the
Contrador be responsible for all expenses associated with acquiring,
insta1Dng, and operating the equipment, excluding 1he actual purchase
cost of the equipment Contractor agrees that Contractor staff and
subcontradors engaged in such will not be reimbursable as part of this
agreement
No DRCOG Obljgattons to Third Parties. ORCOG shall not be subjed to
any obligations or liabilltles to any person not a party to this contract in
connection with the performance of this projed pursuant to the provisions
of this contract without its specific written consent. Neither 1he
concurrence in, or approval of, the award of any contract or subcomract
or the solicitation thereof nor any other act performed by ORCOG under
this contract constitutes such consent
~ ACCOUNTING RECORDS
a.
b.
C.
Accounts. The Contractor shall establish and maintain as a separate set
of accounts, or as an integral part of its current accounting scheme,
accounts for the equipment purchases to assure that funds a,e upended
and accounted for in a manner consistent with this contract's agreements
and objectives.
funds Received or Made AyaHabll . Toe Contractor shaM appropriately
record in the account all reimbursement payments received by it from
DRCOG pursuant to this contract.
Allowable Costs. Expenditures made by the Contractor shaU be
reimbursable as allowable costs to the extent they meet all of the
requirements set forth below. Such expenditures must
1) Be made in conformance with the description, budget. and all
other provisions of this contract.
2) Be actual net costs to the Contractor.
3)
4)
Be incurred for equipment purchased only as described in Exhibit
A, after the date of this contract.
Be treated uniformly and conslatently lniar generally acceptad
accounting principles.
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· 5) Be in conformance with the standards for allowability of costs set
forth in Office of Management and Budget Circulars No. A-122 or
A-e,7, as appropriate, regarding cost principles for nonprofit
organizations and state and local governments.
Documentation of Costs. Invoices, contracts, and/or vouchers detaiDng
the nature of the charges shall support au equipment purchase costs
charged to this contract.
e. Checks, Orders, and Vouchers. Any checl< or order drawn up by the
Contractor with respect to any item which is or will be chargeable against
this contract will be drawn only in accordance with a properly signed
voucher then on file in the office of the Contractor, which wiU detail the
purpose for which said check or order is drawn. AU checks. payrolls,
· invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to the project shaU be clearly identified,
readily accessible, and , to the extent feasible, kept separate, and apart
from all other such documents.
f. Audits and lnsoectlons. At any time during normal business hours and as
often as DRCOG, COOT and U.S. Department of Transportation
(hereinafter, ·usoor), and/or the Comptroller General of the United
States may deem necessary, there shaU be made available to ORCOG.
COOT, USOOT and/or representatives of the Comptroller General for
examination, all records with respect to aN matters covered by this
contract and the Contractor will permit DRCOG. COOT, USOOT, and/or
representatives of the Comptroller General to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personne.1, conditions
of employment and other data relating to all matters covered by this
contract.
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall expire June 30, 2005.
4. COST OF EQUIPMENT PURCHASES
The cost for e-q uipment purchases in wh ich federal funds are participating shall
not exceed $75,000 (Seventy-F"MI Thousand Dollars).
The Contractor agrees to provide all installation and operation of the purchased
equipment at its expense .
5. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. ~-ORCOG shan reimburse the Contractor up to $75,000 (Seventy-
Five Thousand Dollars) for the pun:ha• of traffic signal equipment a
described in the attached Scope of Services.
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Payment. Payment shall be made on the following basis: After receipt of
the equipment, the Contractor shall submit the invoice to the DRCOG
Accounting Depa11ment for reimbursement. DRCOG will incorporate the
invoice into its next biU to COOT. Upon receipt of payment from COOT by
DRCOG and upon verification by DRCOG that the Contractor has
installed the equipment and that the equipment is operating as intended,
DRCOG will reimburse the Contractor for the amount of the Contractor's
invoice. It is the Contractor's sole responsibility to install the equipment
and contact DRCOG for field verification prior to receiving
reimbursement.
8. MANAGEMENT
a. DRCOG Representative. DRCOG has designated Jerry J. Luor as its
representative who will coordinate reviews, approvals, and authorizations.
b. Contractor's Representative . The Contractor has designated
Ladlslav Vostry as its representative for this contract who shall be
responsible for coordination and liaison with DRCOG on the equipment
purchases associated with this contract. If at any time a contractor
representative is not assigned for this contract, the Contractor shall
immediately notify DRCOG and work shall be suspended until a
representative has been assigned who is acceptable to DRCOG.
c. By signing this agreement, the Contractor also represents that its
organization and its principals are not suspended or debarred per Federal
requirements ..
7. PERSONNEL
The Contractor represents it will provide and secure the personnel required in
installing, maintaining and operating the equipment listed in Exhibit A. All of the
services required hereunder will be performed by the Contractor or under its
supervision, and all personnel engaged in the work shall be fully qualified and
shall be authorized under State and local law to perform such services . Such
personnel shall not be employees of or have any contractual relationship with
DRCOG. Any subcontracts entered into by the Contractor associated with this
Contract shall include a statement that the parties to the subcontract understand ·
that DRCOG is not obligated or liable in any manner to the subcontractor or for
the performance by the Contractor of its obligations under the subcontract.
8. TERMINATION
a. Funds not Available . In the event that CM/AQ funds are not made available
to DRCOG per Recital A, this Agreement shall terminate immediately.
b. Termination for Mutual Convenience. The parties may, with the concurrence
of COOT, terminate this agreement if both parties agree that the equipment
purchases specified in Exhibit A would not produce beneficial results.
c. Termination of Contract for Cayy. If through any cause , excluding force
majere . the Contractor shaD fail to fulfill in timely and proper manner ifs
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obligations under this contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this contract. DRCOG shall
thereupon have the right to terminate this contract by giving written notice to
the Contractor of such termination which shall be effective upon receipt of the
written notice. In that event, DRCOG shaff not be required to reimburse the
Contractor for any equipment purchases not yet billed to COOT.
Notwithstanding the above, the Contractor shall not be relieved of liability to
ORCOG for any damages sustained by DRCOG by virtue of any breach of
the contract by the Contractor.
d. Termination for the Convenience of DRCOG. ORCOG may terminate this
contract at any time by giving written notice to the Contractor of such
termination, which shall be effective upon receipt of the written notice. If the
contract is terminated by DRCOG as provided herein, the Contractor shall be
entitled to receive compensation for any equipment purchases made prior to
the effective date of such termination, subject to field verifications being
completed to the satisfaction of DRCOG
9. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract , the Contractor agrees to comply with all
federal and state laws, rule, regulations, and orders regarding equal employment
opportunity. In the event of the Contractor's non-compliance with the non-
discrimination clauses of this contract or with any of such rules, regulations, or
orders, this contract may be canceled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for further contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity
and Affirmative Action of April 16, 1975 and the rules, reg!Jlations, or orders
promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or
orders promulgated in accordance therewith, or as otherwise provided by law .
10. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or employee of DRCOG and no members of its governing
body, and no other public official of the governing body of the locality or localities
in which the prqject is situated or be ing carried out who exercises any functions
or respons ibilities in the rev iew or approval of the undertak ing or carrying out of
this project , shall part icipate in any decision relating to this contract which affects ·
his personal interest or the interest of any corporation , partnership , or
association in which he is directly or indirectly interested or have any personal or
pecuniary interest. direct of indirect , in this contract or the proceeds thereof.
11. INTEREST OF THE CONTRACTOR
No officer, member, employee or agent of the Contractor or any other person
who is authorized to exercise any functions or responsibilities in connection with
the negotiating , review or approval of the undertaking or carrying out of any
segment of the program contemplated by this contract shal have any tlnanc:ial or
other personal interest, direct or ind irect, in th iw ..:ontract 01 any IUbCOlllrad
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th cr Junder, or in any real or personal property acquired therefor. Any person
who shall involuntarily acquire any such incompabble or conflicting personal
interest shall immediately disclose his/her interest to DRCOG in writing.
Thereafter (s)he shall not participate in any action affecting the program under
this contract unless DRCOG shall have determined that, in light of the personal
interest disclosed, the participation in such action would not be contrary to the
public interest.
OFFICIALS NOT TO BENEFIT
No member or delegate to the Congress of the United States of America and no
resident commissioner, shall be admitted to any share or part hereof or to any
benefit to arise here from, except as a member of the public.
13. INDEMNIFICATION
The Contractor is an independent contractor and not an employee of DRCOG.
As an independent contractor, the Contractor is not entitled to workers'
compensation benefits except as may be provided by the Contractor nor to
unemployment insurance benefits unless unemployment compensation coverage
is provided by the Contractor or some other entity. The Contractor is obligated to
pay all applicat:le federal and state income tax on any moneys earned or paid
pursuant to this contract relationship. The parties agree that the Contractor is
free from the direction and control of DRCOG except such control as may be
required by any state or federal statute or regulation, and that DRCOG does not
require the Contractor to work exclusively for DRCOG ; does not establish a
quality standard for the Contractor, does not provide training, or does not provide
tools or benefits of performance by the Contractor except through a completion
schedule.
To the extent allowable by law, the Contractor shall indemnify, save and hold
harmless DRCOG. its officers, employees and agents. against any and all
claims, damages, liability and court awards, including all costs. expenses, and
attorney fees incurred as a result of any negligent act or omission of the
Contractor, or its employees, agents, subcontractors or assignees related to this
contract . The Contractor shall include language similar to the foregoing in any
subcontract assoc iated with this Contract , stating that the subcontractor agrees
to indemn ify, save and hold harmless DRCOG for negligent acts or om iss ions of
the subcontractor, its employees, agents , subcontractors, and ass ignees .
14. FEDERAL REQUIREMENTS
The Contractor shall at all times during the execution of this contract strictly
adhere to, and comply with, all applicable federal and state laws , and their
implementing regulations. as they currently exist and may hereafter be amended ,
wh ich are incorporated herein by this reference as terms and conditions of this
contract . The Contractor shall also require compliance with these statutes and
regulations in subcontract agreements associated with this Contract.
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Toe Contractor agrees to abide by and following all applicable federal and state
guidelines when expending any funds resulting from this contrac:L This includes,
but is not limited to, the Procurement Standards set for1h in Sut>part C of 0MB
Clrcula'r A-110 and the applicable provlsianS of the Fedel'al Acquisition
Regulation (·FAR"), together with any addlllonl ot suppiements thereto
promulgated by the Funding A,Jenq. Current regulations can be found at
http://wWW.ametgov/far/.
The Cont11tctor agrees to Indemnify, save and hold harmlesS, ORCOG. i1s
officerS, employees, agents, subcontractors, and assignees shoUld these
regulations not be followed.
15. CHANGES
AU changes to this contract shall be in the form of a written supplemental
agreement. signed by the parties to thiS agreement.
11. GENERAL
By:
By signing this agreement, the Grantee represents that its organization and its
principals are not suspended or debarred per Federal requirements.
This contract represents the entire agreement between the ContradOr and
ORCOG. replacing and superseding any previous contract. oral or wrttten. which
may have existed between the parties relating to the matters set forth herein.
IN WITNESS WHEREOF, the parties hereto have uecuted this contract on the
___ day of 2004.
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Executive Director
CITY OF ENGLEWOOD
By: __________ _
Douglas Garrett
~ayor
ATIEST: ATIEST:
By:
Betty L McCarty
Administrative Qfflcer
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BY:----------------Loucriania A. Ellis
City Clerk
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DRCOG Signal Equipment Pun:fiae
Scope of S.rvicN
The City of Englewood will purchase traffic signal equipment for its traffic signal
system at various localfons in the city. The equipment ID be purchased, and the
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locations for deployment c:onslst of:
Location Equipment Estimated Cost
Hampden Avenue (5 locationa) & System_ Oetectlon equipment $47,000
Logan Slreet (4 locationa)
Hampden Avenue (4 locations) & Traffic Signal Netwalks/Commulicatlona $20,000
City Hall (one location) equipment
Intersection of Logan Street and NEMA Controller Cabinet $8,000
Chenango Avenue
Total Estimated Cost $75,000
SERIES OF 200S
A UIOUll'ION DESIGNATING 11fB BUUEJ'IN BOAllD ON nm N6R11I SIDE OP nm
SECOND FLOOR OF THE ENGLEWOOD CMC CEmER AS 1lfE OFFICIAL POSTING PLACE
Rlll ML L11GAL N011CIIS OF1118aTY OP 8NOL8WOCX> POil 2085.
WHEREAS. the "Open Meetings Law", Stale Siatute §24-6-402(2)(c) requires that the public place or
places for posting legal notices shall be designated annually at the local public body's tint regular meeting
of each calendar year ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. TIIAT:
~. The official posting place for all legal notices of the City of Englewood for the year 200S.
shall be the Bulletin Board on the nonh side of the second floor of the Englewood Civic Center and such
notices shall be posted under the heading "OFFICIAL CITY NOTICES ." This Resolution does not in any
way of itself create a requirement for notice .
ADOPTED AND APPROVED this 10th day of January , 2005 .
ATIEST: Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of200S.
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 10, 2005 9 Ci Designation of Bulletin Board on the north side of the
second floor of Englewood Civic Center as the Official
Posting Place for all Legal Notices of the City of
Englewood for 2005
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director of Finance and
City Clerk's Office Administrative Services
loucrishia Ellis, City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On January 5, 2004 City Council designated the bulletin board on the north side of the second floor
of Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of
Englewood for 2004.
RECOMMENDED ACTION
Approve a resolution designating the bulletin board on the north side of the second floor of
Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood
ior 2005.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The OPEN MEETINGS LAW, State Statute§ 24-6-402 (2) (c) states that "a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated
public place within the boundaries of the local public body no less than twenty-four hours prior to
the holding of the meeting. The public place or places for posting such notice shall be designated
annually at th e local public bod 's fi rst regular meeting of each calendar year."
FINANCIAL IMPACT
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LIST OF ATTACHMENTS
Re oluti o n
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fREs<>LUTION NO.
SERIES OF 200S
t A RESOLUTION APPROVINO A SUPPLEMENTAL APPROPRIATION POil THE 2005
BUDGET OF THE CITY OF ENGLEWOOD COLORADO .
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures arc
not made without proper appropriation by City Council; and
WHEREAS, the Englewood City Council of the City of Englewood approved the 200S Budget
and Appropriation Ordinance on final reading on November IS, 2004; and
WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do
not exceed legally adopted appropriations .
NOW , T lE REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I . The City of Englewood 200S Budget is hereby amended as follows :
GENERAL FUND
Source offunds:
Unrcservcd/Undesignatcd Fund Balance
Use of Funds
Legislation : Aid To Other Agencies
$2SO .OO
$2SO.OO
Section 2. The City Managc:r and the Director offinancc and Administrative Services are
hereby authorized to make the above changes to the 2005 Budget for the City of Englewood.
ADOPTED AND APPROVED this !Om day of January, 2005 .
ATTEST : Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby ccnify the
above is a true copy of Resolut ion No . __ , Series of 2005 .
Loucrishia A. Ellis , City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 10, 2005 9 C ii Supplemental Appropriation for 2005
Legislative Budget for Aid to Other Agencies
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
The Council approved the 2005 Budget and Appropriation on final reading November 15, 2004.
On December 20, City Council adopted a resolution approving Aid to Other Agencies for 2005.
RECOMMENDED ACTION
Staff recommends Council approve the attached resolution for a supplemental appropriation of
$250 to the 2005 Legislation budget. The $250 was not spent in 2004 and was returned to fund
balance .
The sources and uses of the funds are :
GENERAL FUND
Source of Fundsi
Unreserved/Undesignated Fund Balance $250
Use of Funds:
Legislation : Ai_d to Other Agencies $250
The City of Engle wood is required by City Charter to ensure that ex penditures do not exceed legally
adopt ed appropri ati on s. Th e attached res o lution appropriates funds to ensur e that the City of
Englew ood co mplies w ith lega l res tri c ti o ns gov ernin g local bud getin g.
FINANCIAL IMPACT
This sup pl ementa l ap prop ria ti o n wi ll re du ce Gen eral Fund unreserve d i und balance by $250 w hich
refl ects funds fo r A id to O th er Age nc ies no t ex pended in 2004.
UST OF ATIACHMENTS
Proposed Reso lut io n.
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COUNCIL COMMUNICATION
Date: Agenda Item:
January 10, 2005
Subject
Approval of the Broadway/Kenyon Traffic
Signal Replacement
Initiated By: Staff Source:
Department of Public Works David Henderson, Engineering/Capital Projects
Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance No. 61, Series 2003 approving an Intergovernmental Agreement
(IGA) with COOT regarding funding the design and construction of the Broadway/Kenyon Traffic
Signal Replacement.
RECOMMENDED ACTION
Staff recommends City Council approve,
5IF.IL-~ ..... COIis .. $.270,J 90.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In early 2003, the Traffic Engineering Division of Public Works applied for funds through the Federal
Hazard Elimination Program . This program is administered by COOT and applications are reviewed
and scored based on safety issues. The relatively high frequency of accidents, induding pedestrian
incidents, resulted in the project's inclusion into the program . Funding for the design of the project
was included in the 2003 Transportation Improvement Program (TIP). Construction is funded for FY
2004/2005.
The design of the project was completed by Muller Engineering Co. and the project was bid on
November 10, 2004. The project includes new mast arms, larger signal heads, new north/south'
pedestrian signal heads and concrete curb ramps. These improvements will increase the visibility
and safety of the intersection.
Federal Aid projects required that the bidders be included on the COOT list of qualified contractors,
and that COOT concur in the award of the project. Federal Aid projects also require the contractor
meet Disadvantaged Business Enterprises (DBE) goals as established and administered by COOT.
The lowest bidder, WL Contractors, did not meet the 10% DBE goal and COOT required we reject
their bid. COOT concurs with awarding this con tract to the second lowest bidder, DKS Enterprises,
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FINANCIAL IMPACT
Five bids were received and opened on November 10, 2004 as detailed in the attached Bid
Proposal Tabulation . DKS's bid is 1 % above the Engineers estimate of $202,015 .00. Detailed
below are the costs associated with the project:
OKS Enterprises, Inc.
Muller Engineering Co (design)
Muller Engineering Co (construction admin)
Construction Contingency
Total Estim~ted Con1truction Cosu
$204,104.00
21,042.00
25,044.00
20,000,00
$270,190.00
The Federal Participating Funds towards the project will cover $193, 178.00 of the cost leaving the
local matching share estimated at $77,012.00. Adequate funds are budgeted and available in the
Transportation System Upgrade account in the Public Improvement Fund.
LIST OF AlTACHMENTS
Two Contracts.
Bid Proposal Tabulation .
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
TlllS CONTRACT and agreement, made and entered into this 10,. day of January, 2005 by and between
the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the
"City", party of the first part, and OKS Enterprises, Inc. 250 N. Main St., Brighton, Colorado 80601,
hereinafter referred to as the ''Contractor", party of the second part. WITNESSETH, commencing on the
14• day of October, 2004 and continuing for at least ten ( 10) days thcrcaftcr the City advertised that scaled
proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything
necessary and required for the following :
PROJECT : Broadway/Kenyon Avenue Traffic Sime! Re1llcemcnt STE M395:0Q'7
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council
and have been certified by the Director of Public Works to the Mayor and City Council with a
recommendation that a contract for said work be awarded to the above named Contractor, and
WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name
Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of
said work in accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements
hereinafter contained arc s ubject to the terms hereinafter stated:
A . Co01rac1 Documents: It is agreed by the parties hereto that the following list of instruments,
drawings and documents which arc attached hereto, bound herewith or incorporated herein by
reference constitute and shall be referred to either as the Contract Documents or the Contract
and all of said instruments, drawings, and documents taken together as a whole constitute the
Contract between the parties hereto and they arc as fully a part of this agreement as if they
were set out verbatim and in full herein :
Advertisement of Notice to Contractors
Proposal
Contract (thi s instrument)
Performance Payment Maintenance Bond
Receipt. Release, Waiver of Claims
Colorado Department of Transportation (COOT)
-Standard Specifications for Road and Bridge Construction
-Standard Special Provisions
Project Special Provisions
General Conditions
Plans and Drawings
B. Scope of Work: The Contractor agree to and shall furnish all labor, tools, supplies,
eq uipment . materials and everything necessary for and required to do, perform and complete
all the work described , dra~-n. set forth. shown and included in said ContrllCI DocWIICllll.
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c . Terms of Performance: The Contractor agrees to undertake the performance of the work under
this Contract within twenty (20) days from being notified to commence work by the Director of
Public Works and agrees to fully complete said work within rorty five (45) calendar days, plus
such extension or extemions of time as may be granled by the Director of Public Works in
accordance with the provisions of the Contract Documents and Specificatiom.
D. Terms of Payment: The City agrees to pay the Contractor for the perfonnance of all the worlt
required undet this contract, and the Contractor ag,eea to accept as his full and only
compensation wherefore, such sum or 5UIIII of money as may be proper in accordance with the
price or prices set forth in the Colllractor's Proposal hereto atw:bcd and made a part hereof, the
total estimated cost thereof being
Two Hundred Four 'l1lo.-ad One Hllllllnd Four dollan IIDII no cads ($204,lM.IIO).
E . Approprilljon of Funds: At present, $204,IM.OO bas been appropriated for the project
Notwithstanding anytbina contained in tbi1 Apeement to the comrary, in the eveor no funda or
imufficient funds are appropriated and budgeted by the governing body or are otherwise
unavailable by any meana wballoever in any followlna fiacal period for wbicb appropriatiom
were received without penalty or expeme except as to thole pDl1ions on the Apamlenl or
other amounts herein for which funds have already been approprialed or are ocherwiae
available. The City lhall immediately notify DKS Eaterprlles, IDC. or its assignee of auch
occumnce in the event of auch la'lllillllion.
F. Contract Bindioa : It ii agreed that this Contract shall be binding on and insure to the benefit of
the parties herelo, their bein, executors, administrators, assigns, and 1ucceaon.
IN WITNESS WHEREOF, the parties have caused theae preaenll to be lliped penonally or by their duly
authorized officers or agents and their aeal1 affixed and duly anated the day and yea-fint above written.
This Contract is executed in 5 counterpana.
CITY OF ENGLEWOOD
Contractor
by ___________ _ by ___________ _
Party of the Second Part Mayor
Party of the Fint Put
ATTEST : AITEST:
Secretary City Clerk
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CONTRACT FOR PROFF.SSIONAL SERVICF.S
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this~ day of Jamaary,
2005 by and between the City of Englewood, a municipal corporation of the
State of Colorado hereinafter referred to as the •city•, party of the first
part, and llllller llllgisaeeriq CQlllllaDY, Ille., 777 South Wadawortll Blvd., suite
100, Lakewood, co. 1022, hereinafter referred to as the •consultant•, party of
the second part, for the following:
PROJECT: Broadway/Kmly'OD Traffic Signal Jteplao-t Project
Collatruction ObaerT&tiOD &114 'l'eatiDg
WHEREAS, a proposal has been received by the Mayor and City Council and have
been certified by the Director of Public Works to the Mayor and City Council
with a recommendation that a contract for said work be awarded to the above
named Consultant, and
WHEREAS, pursuant to said recommendation the Contract has been awarded to the
above named Consultant by the Mayor and City Council and said Consultant is
now willing and able to perform said work in accordance with the proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract,
the mutual agreements hereinafter contained are subject the terms hereinafter
stated:
A. Contract Documents: It is agreed by the parties hereto that the
following list of instruments, drawings and documents whi~h are
attached hereto, bound herewith or incorporated herein by reference
constitute and shall be referred to either as the Contract Documents
or the Contract and all of said instruments, drawings, and documents
taken together as a whole constitute the Contract between the parties
hereto and they are as fully a part of this Agreement as if they were
set out verbatim and in full herein:
Proposal from Muller Engineering Company dated August 23, 2004(by
reference)
Agreement (this instrument)
Project Fee Estimate Sheet (attached)
Contract between Englewood and COOT dated 11-13-03 (by reference)
Required Contract Provisions Federal-Aid Contracts (attached)
Contract Termination Provisions (attached)
B . City Obligations/ Confidentiality: The City shall provide
Consultant with reports and such other data as may be available to
the City and reasonably required by Consultant to perform hereunder.
No project information shall be disclosed by Consultant to third
parties without prior written consent of the City or pursuant to a
lawful Court Order directing such disclosure. All documents provided
by the City to Consultant shall be returned to the City . Consultant
is authorized by the City to retain copies of such data and materials
at Consultant's expense. Excluded from confidentiality is '
information in the public domain, which comes into the public domain
or was previously known by the Consultant.
c. Scope of Services : The Consultant agrees to and shall furniah labor,
too l s, supplies, equipment, materials and everything necessary for
and required to do, perform and complete the work described, drawn,
set forth, shown and included in attached Proposal.
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D. IndelJU)ification: The Consultant agrees to indemnify and hold harmless
the City, and its officers and its employees, from and against all
liability, claims, demands, and expenses. including court costs and
attorney fees, on ac~ount of any bodily injury, loss, or damage to
tangible property, which arise out of or are in any manner connected
with the work to be performed under this Agreement, if such injury,
loss, or damage is caused by the negligent act of omission, error or
professional error, of the Consultant, any subcontractor of the
Consultant, or any officer, employee, or agent of the Consultant. The
obligations of this Section D. shall not apply to damages which the
City shall become liable to pay a third party as the result of the
negligent act or omission, error, professional error, mistake,
accident, or other fault of the City of Englewood.
E. Terms of Performance: The Consultant agrees to undertake the
performance of the work under this Alnendment to Contract within ten
(10) days from being notified to c0111M1nce work by the Director of
Public Works and agrees to fully CQIIPlete said work in coordination
with the contractors schedule, plus such extension or extensions of
time as may be granted by the Director of Public Works.
F. Qwnership of Work Product: Upon payaent to Consultant pursuant to
this Agreement, all work, data, drawi"9•, designs, plans, reports ,
computer progra11111 (non-proprietary), COllll)Uter input and output,
analyses, maps, or any other materials developed for this project are
and shall be the sole and exclusive property of the City. However,
any reuse of the docU111enta or use of docU111ents not c~leted for the
intended purpose by the Ci ty wi thout pri or written authorization by
Consultant other than for the Bl)e<:ific intended purpose of this
Agreement will be at the City's sole risk. The Consultant will
provide the City with a ten 110) day written notice prior to disposal
of project documents it has retained durif\9 vhich time the City may
take physical possession of .... at the storage site .
G. IeODI of fAYlPCQt: The City agr-s to pay the Consultant for the
performance of all the work required under this Agr .... nt, and the
Consultant agrees to accept as its full and only cmapenaation
therefore, such sum or SUIIIII of lftOney as may be proper in accordance
with the price or prices set forth in the Consultant's fee schedule
hereto attached and made a part hereof, the total estiaated coat
thereof not to exceed twenty five thousand and forty four dollars
($25,044).
H. Appropriation of funda: At present, $25,044 .00 has been appropriated
for the project. Notwithstanding anything contained in this
Agreement to the contrary, in the event no funds or insufficient
funds are appropriated and budgeted by the governing body or are
otherwise unavailable by any means whatsoever i n any following fiscal
period for which appropriations were received without penalty or
expense except as to those portions of the Agreeinent or other amounts
herein for which funds have already been appropriated o r are
otherwise available.
The Ci ty shall ilm\ed i ately not i fy Mu ller Eng i neering C~y. Inc. or
its assignee of such occurrence i n t he event of such tera.inat i on.
All work a ccomp lished by the Consul tant prior to the date of such
termin tion ah 11 be r e corded d angibl e work documents shall be
transfer red to nd become t he sole pro perty of tM C t y pri or to
payment for services r
11 be b i nd i ng on
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J. Laws to be Observed : The Consultant shall be cognizant of all
applicable Federal and State laws and local ordinances and
regulations which in any manner affect those engaged or employed in
the work or which in any way affect the conduct of the work, and of
all such orders and decrees of bodies or tribunals having any
juri sdiction or authority over the same, and shall at all times
observe and comply with all such applicable existing laws,
ordinances, regulations, and decrees, and shall p r otect and indemnify
the City against any claim or liability arising solely from or based
solely on the negligent or willful violations of any such law,
ordinance, regulation, whether by itself, its subconsultants, agents
or employees as a result of the negligence of the Consultant . Legal
interpretations shall be provided by the City's attorney .
K. Termination and Assignment of Contract : The Consultant warrants that
it has not employed or retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this
contract, and that it has not paid or agreed to pay any company or
person, other than bona fide employees working solely for the
Consultant, any fee , conunission, percentage, brokerage fee , gifts, or
any other consideration, contingent upon or resulting from the award
or making of this contract. For breach or violation of this
warranty, the City will have the right to annul this contract without
liability, or, in its discretion to deduct from the contract price or
consideration, or otherwise recover the full amount of such fee ,
commission, percentage, brokerage fee, gift, or contingent fee.
It is the intent hereunder to secure the personal s&rvices of the
Consultant, in manner aforesaid, and this Agreement shall not be
assigned, sublet or transferred without the consent, in writing of
the City.
M. Inspections. Reviews and Audits: Duri ng all phases of the work and
services to be provided hereunder the Consultant agrees to establish
a working office at a place agreeable to the City, and permit duly
authorized agents and employees of the City to enter the Consultant 's
offices for the purpose of inspections, reviews and audits during the
normal working hours. Reviews may also be accomplished at meetings
that are arranged at mutually agreeable times and places .
Consultant and its subconsultants shall maintain all books,
documents, papers , accounting records and other evidence pertaini ng
t o c ost incurr ed and shall make such materi als avai l able at their
r espective o f fic es at a ll reasonable times duri ng the contract period
a n d for three years f r om t h e date of f i nal p a yment unde r t he
c ontrac t, f o r i nspect i on by the Ci ty, or any authori zed
rep resen t a tives of t he Ci t y , and copies t hereof shall be furn i shed if
req ue s ted .
N.Di sputes : Except as otherwise provided in this Agreement. any
d i spute concerning a question of fact arising under this Agreement
wh i ch is not disposed of by agreement will be decided by the Publ i c
wo rks Director for the City of Englewood . The decision of the Publ i c
work s Di rector will &e final and conclus i ve unless, within 30 days
afte r t he date of receipt of a copy of such written decision, the
Consultant ma i ls or otherwise furnishes to the City a written appeal
addressed to the Public works Director of the City of Englewood . In
conne c tion with any appeal proceeding under this clause, the
Consultant shall be afforded an opportunity to be heard and to o ffer
evi denc e i n support of its appeal . Pending final decision of a
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di•pute hereunder, the Con•ultant •hall proceed diligently with the
performance of the contract in accordance with the Public Works
Director'• deci•ion. '11le deci•ion of the Public Works Director or
h i • duly authorized repre•entative for the determination of such
appeal• will be final and conclu•ive.
Thi• dispute• clau•e doe• not preclude consideration of questions of
law in connection with deci•ion9 provided for in Paragraph above.
Nothing in thi• contract, however, shall be construed as making final
the deci•ion of any a&lini•trative official, representative, or board
on a que•tion of law.
o. General
1. Con•ultant •hall coaply with applicable de•ign provisions of
laws, code• and regulation• in force a• of the date of this
AQr-nt using current engineering interpretation, but
Con•ultant •hall not be responsible or liable for changes to,
operational a•pects, or future differing interpretations of such
laws, code• or regulation• or for changed use of the facility.
2. Con•ultant •hall not be respon•ible for the -ans. -thods or
•cheduling of con•truction or for con•truction safety.
3. Con•ultant a••uae• no respon•ibility or liability relating to any
hazardou• •ubetance• on the Project site including its existence,
removal, transportation, or disposal. The City at its cost shall
be re•pon•ibcle for analysi•, design, removal, remediation or
other action related to any asbesto• or hazardous substances .
4 . The consultant represent• that the services shall be performed in
1N1JU1er consi•tent with that level of care and skill ordinarily
exerci•ed by other profe••ionAl con•ultants under simila~
circU1111tance•.
5. Thi• Agreement is intended •olely for the benefit of the parties
hereto. Nothing herein expre••ed or ~lied ia intended to or
•hall be con•trued to confer upon, give or create to any person
or entity other than the parties hereto any right, duty, benefit,
intere•t. reaedy, •tandard of care or cause of action.
I N WITNESS WHEREOF, the partie• have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals
ffixed and duly atte•ted the day and year first above written.
This Contract is executed in 3 counterparts.
by
CONSULTANT
Muller Engineering COlll)Afly
Party o f the Second Part
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CITY OF ENGLEWOOD
by ______ ..,....,. _____ _
Director of Public Works
Party of the First Part
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Broadway /Kenyon Ave Traffic Signal Replacement
CONTRACTOR SUBMITTED BID AMOUNT EXCEPTIONS/ COMMENTS BID BOND
OKS Enterorises ~ $ 204104.00
lnteorated Electric ~ $ 214,755.69
KECI Colorado ~ $ 220178.00 -
Sturgeon Electric ~ $ 231.975.00
WL Contractors ~ $ 198899.00 Reiected bv COOT
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 10, 2005 9 C iv Purchase of Jacobsen HR 9016 Mower
Initiated By: Staff Source:
Department of Parks & Recreation Jerrell Black, Director of Parks & Recreation
Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council previously approved the purchase of a Howard Price 1280 mower in March of 1998.
RECOMMENDED ACTION
Staff recommends Council approve, 6Jnower '
1hrough the Cic:Mll'NMftt Service Agreement equipment price 119t from EUen E ulpment. LLC.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Jacobsen HR 9016 is a replacement mower for the current Howard Price 1280 in our mowing
fleet.
FINANCIAL IMPACT
Funding for the Jacobsen HR 9016 mower was approved and budgeted in the 2005 Capital
Equipment Replacement Fund (CERF). The purchase price for the Jacobsen is $66,463.00. This
includes the tractor/mower, ROPS , road package kit and canopy.
LIST OF ATTACHMENTS
Summary Specificati on Sh ee t.
GS A Pri ce Li st.
Ell en Equipm ent Letter.
Ja cobs en M ower Specifications.
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STATE AWARD
SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
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IFYES.AWARD# ~SA price s1qc~Emrr,"C
MANUFACTURER OF VEHICLE JCXfi Jacobs~ n
MODEL OF VEHICLE // R-go, b 7L, r ho Tractor:
AIR CONDITIONING YES ~
AUTOMATIC TRANSMISSION ~ NO
POWER WINDOWS YES @
POWER DOOR LOCKS YES ~
4 WHEEL DRIVE (!g[:) NO
ALTERNATIVE FUEL OPTION YES ~
C E R F REPLACEMENT ~ NO
NEW ADDITION TO FLEET YES ®)
DEPARTMENT VEHICLE ASSIGNED TO (};2 / 305 -Jit'ksDpt:
COMMENTS :
11,0 l'J( I r>[j. Un ,1:. 2mo -/<fl? , Howard pl'J(e, l1cwr 1
7nctoe µnee 1.mtb ra..JI p,cL:aye a.:nd. Sld:nsJ,-ad~ .
k1 C ~IJ 6'7J3,3.~
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DEC-16-2004 14:32 EL.LEH EII.J I Pl'ENT 3033449019 P .03/06
GSA, Price List:.
Tourna,nent ··-(Jolf Products
Al prtw and.,_ ...... lo cllarl9a wltlout IIOIOI. ONll9 ........ will ............. tllllt11'1oa llNI .....
In efJNt .... llffleolahipmnd ......... Al,,... ........ ~ ................... ....,wwu ..
111• buyer'• ......... ,. unlw ...._ ......_ ........... hlaht, ......... dWgN .. .., .... llllr• --~
IIIOClel IIUIIIIMn ""* be apeclfted when ........
The Manufacturw-lhe f1tllt ID c:lllnte and IIIINlry....,. or equlpmn • IWHI Mt fai1II wtlloUt lncunlne any
ollllpllw ...... wtli ,_,... ll'IMIIIIIIN .-,toullr NN or In ..,_ ol CIIIINIUlllllfl.
OCOPVRIGHT:iocM.--... AT-~-
'Al ..... _..., lndullng 1M ~ ID .....-Iii
~ ar11Q111arw ~in.., bm."
-A-0.-Dri .. ,...,,.
aa..a. -c:.i1M:zsm
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DEC-16-2004 14:33 ELLEN EQJ IPl'ENT 3B33449919 p, 1!16,186
HR•9011 ·· Turbo Wide~ Rota,.y 110Mr
~Juy!,200,f
HR-t011 .. Turbo (Ex Works Char1otea, NC) ________________ _
All HIM011 tnctora futln • 17 hp Detroit DINel tu~ ....... Z WD ~1p1!q / 4 WD (maw)~
rmlnlllad hrdroetaac traction syallffl, ti,draullCI "*'Y clacll drM wllll lndMdual w-1 dlalla 1ft .-m. power'
slNring with lilt wtlNI, deluxe wt wfttl •Nida 8411PIMlolo, ........ IIIJMUl'lak ............ IDd al cutllng ......
70524 HR-8018 Tulbo TradDr ............................... : •.... _ ................................. e,3IO
70525 HR-9018 Tuitlo Tradllr wn,.poet ROPS and ...i llllt. ... -........................ 8.IOO
$14,II0,00
15,N9.00
Hlt-1111 TurDO Optiona and Aftci:cc:ainNIIGllr11'141N•-----------------------
71055 lMf Mulds Kit (eom,,,,,,. Aw lfllN dNlat} _,, ____ ,,_,, _______ ......... -.-71
78138 Z.Poet ROPS wlll'I Nlllllt. ..................................................... : ... _ .. __ ,.,290
78154 Road Pacllage Kit (lndudal tlellllrl, IUffl llgnlla.-.,. ....... -................ 35
Ind (2) headllel* (SCJCl3Wo' NqUnd)
781111 Worlling 1JQ11t Kit(~ raqulNcl) ............... ,_m•-·--......... -, ....... -, .. ,-25
17117 Canapy ISunltlada (2-l'ollt 1'0l'I ,...-Aw~ .................. -........ 52
67181 CIIIIN Conlrol l<ll-·-······-·········"""'""'""""""''""·······"''"""""""'"'"""""' ... 5
5003114 ~ ~ Kit .................. -............................ -................................... 7
za, 14153 Cer"'-,,,.,,. kit.---···· .......................... -........... -... -... --.. -.... -................. ...
2112307 ,._. stlllrlng wi-1 Wllght kit (18 a:h) ............................ ., ........ -............. .
3007751 High lift~ bar (11 ,aqulr9d) ............ _ ........................................................ .
11,313.00
171.DO
770:DO
S...,_PIIII
S.S...Pn
S..S.W:.Plrll
S.·SINlce PIIII
375.DO
'484.00
40&.DO
HR-9011 TUftlo Allied Af CI I DriM and /llAltadlltaclll.lllllll••nltlts1 __ _.. __ ...;_...._ ________ -,--
Tha falawlng allachmll,la tww .._,. dlligrl8d llld IPJlftMd fllria bf lW ..,.._ ......,.an 1118 HIMI018
Tuloo. Comnlrilcallora, Including ardaring, .. and~ lllma. MlalM .. 1111118 ...........
tupplan.
ca. Cab acc8IIClriM and Cab w11t1 Alr-coidllal•· Ordll'flOIII:
Jodala P9rly COll)ONllon
~ II09, 300 Rouw 100. Marden, Mlnloba. c.n.la RIM 1.M
Plww: 204-822-9100 or Fa: 204.m-8111
~. ()'llllr from:
M • I COfflplnila, Inc.
1200 S. Park S1ra Box 1'8. Chlllan. WI 53014
Phone: 181-5511 5801 or~ or Fax: 920 • t8III
Snow Slower. Order from:
L.aftrw Speciallzad Equiprrwt Inc.
Sou1h ~ 4. Hadar, MN 55342
Phone: 320-848-GH or 800-828 -7924 or Fa: 320 ~ -'218
(N) • NewNumbnor~ ,o.a
ron:l. P.a&
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DEC-16-2004 14:32
December Jj, 2004
DonClark
City ofF.npwood
DelrDoa.
JBJ3449919 P.02/86
'lbaak JOI& for caWna oa ti. BUlll S..uipwww& CCllpGIDll for yaar turf Ciof,ip.1.r aeedl.
The iDfanmtioa yo11 reqUllled ii 611111 below:
I) '715251....._ BR-NH Tm1N ,.,..._
•71154 .......... D
• '711/7 c...,,,.,. .. ,...
I
........
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Quoled pricel inohldi htpt. ....... delmly. J..._ C , weill lld -.111 PMlll
iacladll a 2-yar or 2000 apcntiaal baiar wcaaty·wllicbfflr ~ &&
The above pricina ia tram the c:umm1 OSA prigc lilt IDd ii pod b 45 dayl.
Wo woald lib to remind ya11 tbltJ.,.,_ otln a .Dinaeaip ...... an)llltl illml
not In ttock. Our pa11 deplrtmlal IIIOCb ·• widD \Wioty of parts 1111i ID Clldm ..
lbipped NIDI day II ncoivod.
r---·-.--co-u ca.--,_,.._,
.,, __ ,.
•• ow .... ,,,11 ....... ,_ __ _ ......... a.... ...... c:o .. ,,. .... ,.,,. .... .. ... u..._ ..-.co .. _ ....... ,__ .. ,_
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HR-9016 TURBU"
Wide-Area Rotary Mower
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HR 9 0 I
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RBO
Designed for Comfort and Versatility
The ergonomic design of the
HR-9016 TURBO includes
a deluxe air-ride suspension
seat and fingertip controls
to reduce operator fatigue.
Power is transferred via the
smooth, servo-controlled
hydrostatic transmission.
A single foot pedal controls
speed and direc tion . Hydrostatic power st ee ring is standard .
To increase the ve r sati lity of the HR-9016 TURBO throughout the
year. several options <l re available :
an all-w ather cab . hea t er. air
co nditione r. snow blowe r. rotary
broom . leaf mulching kit and
li gh t kit.
l\lai11t e11anc e tim e is kept to a
minimum with t•asy access to
routine ervice areas . such as the
·win11-out , cce s panel to the
hydraulic oil cooler and radiator. Air-intake gn/1 shdes out fo r
easy cleaning
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1 6-Foot-Wide Cut Tackles
Large Ar ·eas With Ease
When High Productivity is a Must
The Jacobsen HR-9016 TIJRBO features a
mowing speed of 8.5 mph and a transport speed
of20mph.
Its three all-hydraulic cutting decks are forward
mounted with rear discharge for an even
distribution of clippings. The cutting height Is
adjustable lrom l to 5 Ji Inches. The HR-9016
TIJRBO delivers an 18-inch uncut cin:le,
reducing trim time around trees and tightly
landscaped areas .
A 92-lnch, multi-flex lront deck Is designed
to closely follow ground contours for an
unsurpassed quality of cut.
Hydraulic four-wheel drive protects turf In tight
turns while provldlna the traction needed on
wet or hilly terrain.
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SwinB-OUI panrl for eo-,, accru lo
hydraulic oil cooler and ,adlalor
bl/able Drtrolt Dlnrl
8U1orupowrr dlrKI rn-,ne
Rr,aouablr pone,. for full
accru to rn-,nr c0111po,.,,..,nt
Catti~/aAI ,..
or I 1o 5 Ii lacltn
IUoot cum,.. u,/dl/1
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For yrar-round use, add the aoo1/able
a/I-weather cab
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Jlydrostatic rear-
w h eel puwer steering
Finl(ertip c ontrot'I
roi!~e and lot1 ·er
culling tle cl1.'1
;lldf'Jlf)lldPnlf)'
F u n, urd Yf't'f'rs,• t11UI S/J Pell
r n11t1 oll,·d l,y foo t p t-do/
\I/ ludra 11/ic n ,tling ii ,, k, for mt1xim11m
c uttr'ng1mu,•r
''""' n, \ fro t1l d,•, It follou }i
gro uru l t.011tuur,
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Adjustuhle d e luxe air-
ride s11 .1111e nsio11 sent
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HR-9016 TURBO Proves Itself in
Service Test
How does the HR-9016 TIJRBO stack up against the
competition for ease of maintenance? As the chart
shows. the HR-9016 TIJRBO is Number One -
easiest to maintain. Independent tests conducted
by lntertek Testing Services compaTed the HR-9016
TIJRBO with the Toro 5800 model. Each was rated
according to the "Mai ntainability Index for Off-road
Work Machines." as established by the Society of
Automotive Engineers ( AE). The lower the score,
the easier a machine is to malntaln. The higher the
score. the more difficult the maintenance.
The HR-9016 TURBO scored .93 1 points and
easily defeated the Toro 5800, which scored
13 .• 5i. Put another way. the HR-90 16 TIJRBO
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SAE Maintenance Ratings
8000
9000
10000
11000
12000
13000
14000
15000
16000
17000
8931
Wide-Area Rotaries
!Qllnp bued on "Maintainability Index tor
Off-road Worlt Machines" u atablllhed by
the Society °' Automotift Eaalneers (SAE).
Independent teltlnl conducted by lntmek
Tesuna Semces. 9/98.
is 33 percent euler to service than the Toro 5800.
for euy maintenance, the HR-9016 TIJRBO Is
rated Best
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Photographed ar Longboa t Key Club longboat A·e_v. ft
Worldwide Product Support
\ "'orlch, 1d • de,,h'r lll'lwork and factury-tra1ned
l l'l'h11il'i,1n,-l'nsur • you t:l't tlw parts ,rnd SC'r\1C!'
5upp11rt you 111'<'<1 T,•,1mn l'.irts \pr ·s. offt'rs
:! l-h11ur nrd,'r c,1p.1h1hty f11r r,·,tron rurf ·,,rl'
. \ml ~p,•u,ilt\ Pmtl11l IS ck ,ikr, .111!1 ~u.ir,11111·l·cl
1,.•,1-<l,1) d,·IIH·r~ fnr ,•11wr~,·m ) p.irt ortl.-rs I •
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Model ..
lvf Cleaner ...
lubnCation .
$ p e C f
Detro< D,esef 070411. four<ytinder. liquid COOied.
1VR80cha<ged. direct<f1J«lion -
............ ,...... 87 hp 164.9 tWJ
Hea,y duly ceroifugal tyP< \MIil
V1lUill serw:e indicaror. repiaeeatlle etorner<
.......... ... ~ed sy,tem. 7.5 ~ 17 1 I) capacity
Radia<or and OI Cooler ...... Easily removallle. mid-mounced i!W inlal<e grill and
shtdding for access to ag,()'Pe radiator.
oil Coale< swings OU for easy <eMCe
EJecttica1 System -···· .... .. .................. .... 1 ZV au<om<l!Me l}'P<. dUal battery.
VEHICU
1.260 CCA 5S-amp alternaror. sea swi!d1. PTO.
parting brake and ~acoon neuaal lfller10Ck sy,tem:
O/e(10a(J protecnon IIYough at,(~ M<5
and,,,,_ CimJ< -
TraCD<>n System ....................... . -displacemer< t'Jdll)Slalic: ~ to
121 higt><orque ft-en whed maoo and
121 hlghiorque rear w,ee1 maoo:
sngle foot-op<rated lraCt>On pedal -
adjUStalllespeed!IOP:
4WO wh<n mo,v,ng. 4WD """'1e on demand
TII! ueenng whed to l¥lfostalJC power ueenng a,; rear whttl!
12129, 14().15. 12-plyllJfflires
12J 24, 12.0-12. bi)lyllJf1br'5
Fror< enclosed drum brakes.
-n.massisl llralu5 IIYough
two pedals. h.rd"""" for~ bral<r.
dyra'T1o< brai:Jng IIYough hyatlslallc ir.romss,on
System uPaOI)' 55 gal (208 2 IJ \MIil
""""'°" capaoty 35 gal I 132 5 IJ low oil le\-.f
w.vnong system. water coll«!ionldraon ~
filJrabon I 0mcron f1!IUm l'll!er
and I O<T100'Jt1 ctwge sy,tem -
0 -85"1)h l1 3 Hm/hJ
0 · 20 IT1)h 132 2 lm/hJ
0 · 6 IT1)h 19 6 Im/hf
0 • 4 IT1)h 16 4 Im/hi
For a free demonstration call l-8118823-lUIF.
We'll !Pvt! you the name and locatlon of the nearest
Textron Turf Care And Specialty Products dealer.
\'oar alety la llllpartaal lo -
Before operating any turf maintenance equipment.
consult your operator's manual and tralnlntl video
for sale operating and tralnlna procedures.
J#I • ce• •UoN
WN#IC10~.-0,,(.;;rt. W'WWJil«IC*r'tleiclQr\((Jrft
lfll ~~ RiKl"t' ""'}40.)-X6,e
w •a -
C a t
lncJicatM ....•.•.•.
ComolS ...... .
Fuel (apaaly... ...... .
CUTTING DKICS
Size .....•. -
o n s
. ..... Gauges inckJde w-~ (\,et level.
hclL< mole": indicaor Ji!1l:S --hyd<aJic oil level.
no balle,y charge. IOw engine oi ~ t¥*auliC
oil ,..,. serw:e and go,, pug l'ldicalor;
audillle warning a oow h)'drauc oil level
and hlg1 ongne _.,
_,.. dedt lilt lelll!rl. -· kprion.
PTO S\Mtth. 4WO sv,,ttt,, parting llriR lever.
"'""""' pedals. fool-operal<d rraaion pedal,
v.eg,1.-dial. Slffling wneel Jilt -
35 gal. (132 .5 lJ
f If 92 n. 1234 mJ OU fnr< mullHle>. fnr< decle;
f2) 59 in f l.50 mJ ,-pt.forward wr,g dec1<S
Fn:n deck. 5 blades. IMrlQ dedo. 3 blacle eacn,
al Olado< 21 In. 15.3 mJ long.
heat oea<ed and lnn!fcl1angeaOI
Ollerall Cl..<Dng Wldlll ..........•...... ...... ..................... 192 on. 14 .88 mJ
Hoigr<-<JI.Cu: l1afige ........................... ..•. 1 In. to 5.5 in. f2 .5 cm 10 14 0 cm)
Tnrrrning .-y ..... .... . . ................. ..... 18 on. 145. 7 cmJ uncut cin:le °""'-·· ....................... 12113x6.5-6~pr,ounaocffn:Jntdedt) -~
Heg't
fTop a a.cng Una Rao<di .
fTop a Ol)oonal ROl'SJ ..... . -!Mowing) •.
6.350 1bS 12.880 kgJ
94 on. 12 39 mJ
85 in 12.16 m1
fTramoortl ..... .................... -..
198n 1503 mJ
95 on (2.41 mJ
174 on (442 mJ CMrall...-qt, -_,.,, cat>. ,_ and i!W conaoonet !WOi)()51 IIOPS ...i, sea t>ct. road
.,.. .. lheadli!Tt>, 11.ffl "'1iall. ._-.. llriRli!r<SI. 'Mlft ig"< k-. ......
CilnoP>< ou.,c, cawo. ""'"' blower. ,.,_., broom. 1til nuctw,g ..
NOTE Specllaoor6. ""* Con«t a ome d prriong. may char,geWll!n.(
no<u Ths pl0(1Jct has bee-l ......, and (""1]11es ~ 871 4 -19901N5A
~ salt,y spodlcaoorl$ for Convneroal uf ocµp,nerc.
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