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Home My WebLink About2004-10-18 (Regular) Meeting Agenda PacketOrdinance I/ Resolution II Regular City Council Meeting October LB, 2004 y(. f. 56, 57, 58, 59, 60, 61, 62, 63 I 1/1,, .... ,, I I l \ r'' 0 I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO ReauJar Session October 18, 2004 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:35 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge or Allegiance Cub Scout Pack # 172 presented the Colors and led the Pledge of Allegiance. Cub Scout Leader Tim Sullivan said if I could take just a moment of your time, I would like to thank City Council. This is probably my last time to do this. We have been doing this for the past five years. We want to thank Council, Mr. Scars and his staff, especially Mr. Black, Mr. Olson, Mr. Fonda ... the people who have allowed these boys to participate in this community, to learn what it is to help this community out. Without your help, they never would have been able to achieve some of the things that they have . So the way this Pack says thank you is with the pack yell . After their yell, there was applause. 4 . RoUCaU Present: Absent: A quorum was present. Council Members Tomasso, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward Council Member Moore Also present: Acting City Manager Black City Attorney Brotzman City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Director Gryglewicz, Finance and Administrative Services Housing Finance Specialist Grimmett, Community Development Director Eaton, Human Resources Fire Marshal Greene 5. Consideration or Minutes or Previous Sesdoa a) COUNCIL MEMBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 4, 2004. Mayor Garrett asked if there were any comments, qUettions or corrections . There were none . Vote results: Ayes : Nays: Absent : Motion carried. Council Members Barrentine. Bradshaw, Garrett, Wolosyn, Woodward. Tomasso None Council Member Moore Englewood City Coundl October 18, 2004 Pagel 6 . Recognition or Scbeduled Public Comment a) Mayor Garrett said David S . Myers, President and CEO of Metro Community Provider Network MCPN), is here to address City Council regarding programs and services offered by MCPN. Mr. Myers said Mayor and members of Council, it is good to sec familiar faces and also to sec some new faces and faces that l hope will become friends. I am with the Metro Community Provider Network and as a community service organization we've been rather quiet, but diligent in our work . And our work is to provide health care to the citizens of Englewood. Our story goes back to 1989, at which time the uninsured in Englewood and suburban Denver faced incredible barriers and a community group came together out of the local health department, some local education institutions and the local communities, to say, let's sec if we can create a network that serves the uninsured in suburban Denver. As I am sure that many of you arc aware, the doors to Denver Health arc closed to Englewood residents, so those services arc not available to them. That was our mission. Our vision as an organization is to create a healthy community and out vision is much broader than just a doctor's office. Though medical services arc about 75% of what we do here in the community of Englewood, we also offer dental services, targeting pregnant women. diabetics, the chronically mentally ill and children. Here in Englewood we also have a special program targeting women and families where the infant is at risk of death ... infant mortality. And , looking into the community and identifying those issues and those circumstances where we could pair up our case managers and some of our staff to work with these families . And indeed. we arc proud to repon that for our population, the infant mortality rate is zero, compared to a community rate of seven ... so again a great success here in Englewood. We arc also proud of the health education programs that we bring, the volunteer programs that we have. We have an arrangement with South Suburban Recreation Center at the Englewood facility to do a walking program for our clients and actually for the community at large. Anybody is welcome to come down and, of course, there arc great incentives and rewards for participating in our program. All of this is to say that we arc very committed to the City of Englewood and this year we arc celebrating a great advancement. We have been very successful in bringing in close to a million dollars in resources into the community to build a new facility and staff it with two physicians, a nurse practitioner and a physician's assistant. The recent physician that we just hired, Dr. Kathy O'Neil, specializes in high risk obstetrics. We have built our relationships with the local hospitals and arc starting to build relationships with the local private physicians as well . In our estimation there arc 10,000 people in Englewood who could benefit from our services. With the addition of the new building and the new staff, we es.timate that we will be able to serve about 6 ,000-7,000 of those individuals ... though not meeting all of the needs, certainly meeting a great deal of the needs. Just by way of measuring our success. we first came into the community in 1997, with one physician and a space that was much smaller than we arc in now, so we arc very pleased with the support that we have gouen both through the community, our reception through community groups and again, I know that some of you on the City Council have come to visit us and have seen what we have been able to accomplish. I am here tonight just to. in a way , to brag about it and say that we arc happy to be here and that we hope to continue to serving the community of E ngle wood. Thank yo u. Council Member Wolosyn said where is the new facility , where will it be located? Mr. Myers said the new facility is o pened. ll is at 3515 South Delaware Street. And just so you know, we arc a corporation. We have 15 locations in Aurora, Arvada, up in Bailey, but our headquarters arc here in Englewood at 3701 South Broadway. Mayor Garrett said thank you very much . Co uncil Member Bradshaw said thank you for being a part of our community. b) Mayo r Garrett said Fire Marshal Ben Greene will present the awards for the Fire P revention Weck poster cont est. Mr. Gree ne said Mayor and members of Council. I want to thank you very much for taking time out of your busy agenda to help us with the awards for the Fire Prevention Poster contest. I am the one who sent all those letters out to all the fam ilies and it is great to sec them here . We had a n:al success this year. I had over 500 pos1er5 plastered all over C ivic Center and most people said. "wow, look at this'', and the judp had their hands full . I would like to reall y thank the judges this year: Mayor Pro Tcm Olga Wolosyn, Council Member Bev Bradshaw, Sheila Olson who is the art teacher at the high school and our final one was Rodney l..ontine who is with the Museum of Outdoor I • • Englewood City CouncU October 18, 2004 Page3 Arts. Also, I would like to thank the Englewood Firefighters Local 1736 for their generous donation of the awards for tonight. Three awards were given to each school : 1• Place -$25 .00, 21111 Place -$15.00 and 3n1 Place -$10 .00. Mr. Greene said I would like everyone to hold their applause until the end. I would like all the kids to stand up here until all the awards arc given out, if they would please. Mayor Garrett and President of the Firefighters Union Bill Young presented the winners with their awards. All Souls Elementary 3n1 Place Tim Loiseau 2od Place John Andres 1• Place Emily Alexander St. Louis Elementary 3n1 Place Danielle Vigil 21111 Place Catherine Peeples I" Place Jackie Hugger Maddox Elementary 3nl Place Valeria Centeno 21111 Place Ian Maxcy 111 Place Casey Holtz Charles Hay 3n1 Place 21111 Place l"Placc Charlie Guy Kclmen Dindinger Hannah Erickson Bishop Elementary 3n1 Place Jaime Boras 21111 Place Cole Smith I" Place Catherine Meyer Clayton Elementary 3n1 Place Dclani Katana 21111 Place Madison Parks 111 Place Jamic Thompson Chcrrclyn Elementary 3n1 Place Veronica Peltz 21111 Place Brendan Clements 111 Place Tyler Vigil Mr . Greene said Cherrclyn had the distinction of being one of two schools where every kid in the entire school participated . After the presentations there was a big round of applause . Mr . Greene said there will be a short reception in the Community Room and if Council would like to join us, I would be greatly honored . If the kids would like to pick up their pollen they arc all hung in the Community Room and you can pick them up after the reception . The meeting recessed at 7 :50 p.m. The meeting reconvened at 8: 10 p.m. with six Council members pracnt and one Council member absent: Council Member Moore . Enalewood City Council October 18, 2004 Page4 7. Recognition of U1111Cbeduled Public Comment There were no unscheduled visitors. 8. Communications, Proclanations and Appointments There were no communications, proclamations or appointments . 9 . ComentApnda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (U) and (W). a) Approval of Ordinances on First Reading i) COUNCIL BILL NO. 56. INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 157 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. ii) COUNCIL BILL NO. 57, INI'RODUCEDBY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 158 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. iii) COUNCIL BILL NO. 58 , INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND TIM CZARNEK FOR GAS, ELECTRICAL AND WATER LINE CROSSING OF THE CITY DITCH. Vole results: Ayes : Nays : Abse nt : Mo tio n carried . Council Membcn Barrentine, Bradshaw, Garrett, Wolosyn, Woodward. Tomasso No ne Council Me mber Moore b) Approva l of Ordinances o n Second Reading There were no add itional ite ms s ubmiued fo r approval o n second reading . (Sec Agenda Item I I (b).) c) Resolut ions and Motio ns There we re no addi tio nal resolutio ns or motions submitted for approval. (Sec Aaeft$11 Item I I (c).) No publ ic he ari ng was sc heduled before Counci l. 11 . Ordlnaoces, Resolution ud Mo&loal a) Approval f Ordinances OJI Firs1 Rcldi n1 t Englewood City Council October 18, 2004 Page5 i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance authorizing the issuance of general obligation bonds for various Waler Fund Capital Projects. He said this is a bill for an ordinance authorizing $3,075,000.00 in GO bonds for various Waler Fund Projects. And while this is a GO bond which pledges the full faith and credit of the City, it is expected that the revenues from the Waler Fund will pay the entire debt service. The bonds arc going to be issued this year and closed this year to take advantage of low inlCrcst rates and bank qualifications. I am here to answer any questions on this. Mayor Garrett said what is the authorization for being able to issue these bonds? Mr . Gryglcwicz said back in 1997 the City went out for authorization on 15.1 million dollars of authorization and didn't use it because we used the State funding at that time. And, the authorization from the votcrs stayed in effect, and that has been confirmed by our bond counsel, so we arc using this GO authorization to lower the cost of issuance and the inlCrest rale on these . So, it is a significant advantage to issue GO's. Mayor Garrett said what is the current General Obligation debt of the City? Mr. Gryglcwicz said I would have to look it up, but the only ones we have outstanding right now arc the ones we did for the Recreation Project and it is about 12 million. He said the City's debt ceiling is 3% of actual value, so this is significantly under that. Council Member Wolosyn said it came up in the Waler Board meeting that this sort of use of bonding docs not affect our ceiling. Mr. Fonda said it doesn't affect the overall ceiling. Mr. Gryglcwicz said right. it is significant because, as I said, it is 3% of actual value which I haven't calculated, but it is probably 80 million plus and we have about 12 million outstanding from the Recreation Projects of a couple of years ago. Mayor Garrett asked if there were any more questions for Mr. Gryglcwicz. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 60. COUNCIL BII.I. NO. 60. INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bil.I. FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBI.IGATION BONDS, SERIES 2004, TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND AUTHORIZING THE I.EVY OF PROPERTY TAXES, IF NECESSARY. TO PAY SUCH BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; AND APPROVING DOCUMENTS RELATING TO THE BONDS. Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion c arried . Ayes : Nays: Abscni: Council Members Barrentine, Bradshaw. Garrett. Wolosyn, Woodward. Tomasso None Council Member Moore ii) Director Gryglcwicz prcscnlCd a recommendation from the Department of Finance and Administrative Services 10 adopt a bill for an ordinance approving a refunding of the Marks AputmcnlS Variable Rate Demand Multifamily Housing Revenue Bonds, Series B of 1985. He said this is a bill for an ordinance authorizing issuance of $8,355,000.00 of Variable Rate Demand Multifamily Housing Refunding Bonds. These arc really pass-through bonds. They arc issued in the City 's name. but the City has no obliption for these. They arc refunding the Marks Bonds . They arc the 1985 Series B Bonds . They arc refunding thole . Actually. the City will coll ect a fee o f between about 16 thousand and 33 thousand dollars for the trouble of doing this issuance. bul they are not o bligatio ns of the City, it is just issued in the City's name to take advania,e of the tu excmpl IUIIUI. Mayor Garrett asked if there were any questions for Mr. Gry&lcwicz . There were none. loot .. t En1tewood City Council October 18, 2004 Pa1e6 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) • COUNCIL BILL NO. 59. COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $8,355,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS EAST APARTMENTS) SERIES 2004 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE BONDS (THE MARKS APARTMENTS) 1985 SERIES B ; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A FINANCING AGREEMENT. PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Nays: Absent : Motion carried. Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Council Member Moore b) Approval of Ordinances on Second Reading i) Council Bill No. 55 , an emergency bill for an ordinance regarding ballot question No. 2A pertaining to municipal elections was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 54, SERIES OF 2004. ORDINANCE NO. 54, SERIES OF 2004 (COUNCIL BILL NO. 55 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDIN ANCE AMENDING T HE BALLOT L ANGU AGE OF ORDINANCE NO. 34, 2004, DUE TO A SOFTWARE PROBLEM WITH ARAPAHOE COUNTY. AND DECLARING AN EMERGENCY . Mayor Garrett asked if there was any discussion. There was none . Vote results: Motion carried . Ayes: Nays: Abse nt : Council Members Barrentine , Bradshaw, Garrett, Wolosyn. Woodward , Tomasso None Council Member Moore i i) Counci l Bill No . 52. approving the 2004 Mill Levy for collection in 2005 was considered . CO UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II)· ORDINAN CE NO. 55 , SERIES OF 20CM. Englewood City Council October 18, 2004 Page7 ORDINANCE NO. 55, SERJES OF 2004 (COUNCIL BILL NO. 52 , INTRODUCED BY COUNCIL MFMBER WOLOSYN) AN ORDINANCE AXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any discussion . There was none. Vote results: Ayes: Nays : Absent: Motion carried. Council Members Barrentine, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None Council Member Moore c) Resolutions and Motions i) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a resolution authorizing the FY2005 Community Development Block Grant Application. She said I am here before you with my annual pica to allow us to apply to Arapahoe County for allocation of the 2005 Community Development Block Grant funds. This year we arc going to be applying for the same projects that we had applied for in 2004. The only difference is , we arc trying to see if we can't receive some additional funds from the County's unobligated pool, so we arc requesting an additional $80,000.00 to support the Housing Rehabilitation Program. The funding breakdown is such that we will be asking $132,500.00 for the General Housing Rehab Program, $50,000 .00 to continue support of the House of Hope staffing needs and 47,500.00 for the Neighborhood Revitalization Paint-up/Fill-up Projects that coven bolh owner occupied as well as rental single family housing with low income occupants. It is required that we submit the applications, even though there has been a set-aside of $150,000.00, so I just reqUCSI Council to approve our application and then we will wait until pmbably January or February to see if our applications have been approved . Council Member Bradshaw said we have had good success with this in the past. Ms . Grimmett said yes, the only difference is that I am not sure about the additional reqUCSI of the $80,000.00. We arc just going to give it a try and sec what happens . Mayor Garrell asked if there were any additional questions . Counc il Member Bradshaw said I am confused . I thought we were applying for our own at one point. Ms . Grimmett said well. they arc set aside in our name and we have reserved approllimately S150.000.00. That figure isn ·1 known until HUD actually releases the funds to the County . The County, in addition, has a pool of funds that the y ca n spend anywhere, so the request of $230.000.00 is a combination of our own S150,000.00 plus $80.000.00 from the General Pool trying just 10 suppon our own projects here ... additional monies . And, I don't know about the additional $80.000.00. Council Member Brad shaw said okay. The resolution was assigned a number and read by title . RESOLUTION NO . 91, SERIES OF 2004 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2005 COMMUNITY DEVELOPMENT BLOCK GRANT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. '1, SDUa OF 211M. t 0 Englewood City Council October 18, 2004 Page8 Mayor Garrett asked if there was any discussion . There was none. Vot!! results: 0 J Ayes: Council Members Barrentine, Bradshaw, Garrett, Wolosyn , Woodward, Tomasso Nays : None Absent : Council Member Moore Motion carried. ii) Director Fonda presented a recommendation from the Utilities Department to adopt a resolution establishing maintenance fees for the Big Dry Creek Basin Interceptor. He said under the contract we have with Southgate, they maintain and operate the Big Dry Creek Basin Interceptor, which serves a portion of Englewood and a large area outside of our City. We have a contract with them that says we must maintain adequate maintenance fees from the customers served. We had, for awhile, built up a balance and drawn it down over several years . Now that it is drawn down again, we arc proposing to re-establish the maintenance fund annual income with a charge of 45 cents per account per year . This would apply to everything in the drainage basin served by that major interceptor sewer. That would generate about roughly $15,000.00 a year and that is roughly what the maintenance costs are averaging over the vears. The Water and Sc.,c, Board is recommending approval of the agreement and the 45 cents per account charge. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 92, SERIES OF 2004. RESOLUTION NO . 92, SERIES OF 2004 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF MAINTENANCE FEES FOR THE BIG DRY CREEK BASIN INTERCEPTOR FOR THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Bradshaw. Garrett. Wolosyn, Woodward, Tomasso None Council Member Moore iii) Director Fonda presented a recommendation from the Utilities Department to adopt a re solution establi shing amended fees for water service. He said this was actually recommended by the Englewood Water and Sewer Board at their October 12'" meeting. And, thi s is the result of the low amount of watering and income over the last year and a half. As a result of the rain this summer and the conservation effons, we saw a drop in revenue of about 10% from $4,074,000.00 down to $3,678,000.00 in 2003 and we saw an increase in the decrease this year, so far, in the raw water pumping. We did an analysis of this and it was reviewed by Black & Veatch Consulting Engineers 10 actually determine the amount of revenue that we needed to meet our bond coverage requ irements from a previous loan and to maintain these. With that, the recommendation came in that we would do 15% effective January I, 2005 in lieu of the previously passed 6 % increase. Then, in addition, to maintain coverage and an adequate balance, we would need 8% effective January 1. 2006, 8% effective 2007 and 7% effective 2008 ... all o n January Iw. Counci l Member Bradshaw said I have two questions . First of all, when we arc talking the 15 %, what docs that mean to the average househo ld ? Mr . Fonda said I believe that means about $3 .00 a month or $35 .00 a year. She sai d okay . because we are talking percentages ofthat much ... and everybody goes 15 %. what is that ? his $3 .00. How docs thi s compare to Denver 's increase? Mr. Fonda said it will roughly be at the same level as Denver 's. For the last several years both Denver ... inside City of Dcnver ... charges have been slightly less than ours . They will still be slightl y less than ours. but I believe they are going with a series of 8% rate hikes and they have to go until 2009 t Englewood City Council October 18, 2004 Page9 and they are still projecting past that. We will be competing with Denver as to who has the lowest charges in the metro area. Everyone else is significantly above us . Mayor Garrett asked if there were any other questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii) • RESOLUTION NO. 93, SERIES OF 2004. RESOLUTION NO . 93, SERIES OF 2004 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any discussion . There was none. Council Member Bradshaw said this is tough ... just because we said please conserve, conserve, conserve and now we arc saying okay, you conserved so we arc going to charge you . I wrestled with this quite a bit. but some of the scenarios we looked at on the Water and Sewer Board were as high as a 40% increase, so we got it down to at least 15 %. It was supposed to go up 6% so in essence it is a 9% above what it was going to be anyway . So, I think this is the best we could do under the circumstances. However, I would encourage staff to continue to monitor and let us know early on if this is not going to cover what we need . Mr . Fonda said we arc doing that. Vote results: Motion carried. Ayes : Nays : Absent: Council Members Barrentine, Bradshaw, Garrett , Wolosyn, Woodward, Tomasso None Council Member Moore iv) Director Eaton presented a recommendation from the Human Resources Department to approve by resolution, the salary provisions of the Collective Bargaining Agn:emcnt between the Englewood Employees' Association and the City of Englewood for 2005. She said I am here to request that Council approve the salary provisions of the Collective Bargaining Agn:ement between the EEA and the City of Englewood. This contract covers approximately 198 employees. Mayor Garrett asked if there were any questions for Ms . Eaton . Mayor Garrett said thi s, I believe, was recommended by the arbitrator. Ms . Eaton said that is correct. Counci l Member Bradshaw said and the cost for that arbitration was ? Ms . Eaton said the final billing for the attorneys associated with that arbitration has not come in yet, but we estimated it to be about $15,000.00. Ms . Bradshaw said so tl;ey had nothing to lose by going to an arbitrator on the salary. is that correct? There would still be an increase coming 10 them either way? Ms . Eaton said that is correct. Ms . Bradshaw said okay. Mayor Garrett asked if there were any other questions for Ms . Eaton. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (d (Iv)· RESOLUTION NO. 94, SERIES OF 2004. RESOLUTION NO. 94, SERIES OF 2004 A RESOLUTION AUTHORIZING THE SALARY PROVISIONS OF THE COLI.ECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLE WOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLE WOOD FOR 2005 . Mayor Garrett asked 1f there was any discussion. There was none. t Englewood City CouncU October 18, 2004 Page 10 Vote results: Ayes : Nays : Absent: Motion carried. Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Council Member Moore v) Director Eaton presented a recommendation from the Human Resources Department to approve by resolution, the duration, wage and insurance provisions of the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for the years 2005 and 2006. She said this contract also was ultimately decided by an impasse arbitrator and covers approximately 54 employees of the Englewood Police Benefit Association. Mayor Garrett asked if there were any questions for Ms . Eaton . There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v). RESOLUTION NO. 95, SERIES OF 2004. RESOLUTION NO . 95, SERIES OF 2004 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE BARGAINlNG CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2005-2006. Mayor Garrett asked if there was any discussion . There was none . Vote results: Motion carried. Ayes: Nays : Absent: Council Members Barrentine, Bradshaw. Garrett, Wolosyn, Woodward, Tomasso None Council Member Moore vi) Director Eaton presented a recommendation from the Human Resources Department to approve by resolution. the Cost of Living Adjustment (COLA) for calendar year 2005 for managerial and uper v,sory employees . confidential employees, and part-time employees. She said this wage provision covers appro imately 145 employees of the City. The increase recommended is similar to that that has been awarded to the Engle "'ood Er"!'ployees Association employees ... 1.12 % for the year 2005. Mayor Garren asked ,f there were any questions for Ms. Eaton . There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (vi). RESOLUTION NO. 96, SERIES OF 2004. RESOLUTION NO . 96. SERIES OF 2004 RESOLUTION APPROVING COMPENSATION ADJUSTMENTS FOR MANAGERIAL. SUPERVISORY. CO FIDENTIAL Al"ID PART -TIME EMPLOYEES OF TIIE CITY OF ENGLEWOOD FOR TIIE YEAR 2005 . Mayor Garren asked ,f there "a ny discussion. There was none . Vote results: yes : ays : Council Members Barrenunc, Bradshaw , Garren. Wolosyn. Woodward. Tomasso None Englewood City Council October 18, 2004 Page 11 Absent: Motion carried. 12 . General Dllcusslon a) Mayor's Choice Council Member Moore i) Mayor Garrett said you remember on Quincy we approved the subdivision on the sort of western end before you get to Windcrmere ... there is now a for sale sign where the property sign is. So, I didn't know whether they decided not to do the neighborhood and are selling the property or what is the status. I don't know whether we can get an update from Community Development on that. It would be helpful . b) Council Members' Choice i) Council Member Bradshaw said kudos to Ben Greene for the turnout that he elicits from our elementary schools. That's incredible . I really think that the children really appreciate that . So just be sure to tell Ben thanks a lot. 13 . City Manqer's Report Acting City Manager Black did not have any matters to bring before Council. Council Member Bradshaw said your honor, I think that we need to pve Jerrell and his staff a round of applause for being a finalist again ... a National Parks and Recreation Gold Medal finalist again. Three years in a row and the fourth year we should get it, don't you think? Mr. Black said we think so. Ms. Bradshaw said thanks. Mr . Black said thank you. There was applause. 14 . City AUoraey'1 Report City Attorney Brotzman did not have any matters to bring before Council . 15 . A~t t AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 18, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: !,;; r 2. Invocation. ~ ' 3 . Pledge of Allegiance . a. Presentation of Colors by Cub Scout Pack No. 172. 4. RollCall. ~~ /t/Ju.,d-('MA9~J 5. Consideration of Minutes of Previous Session. ~ NMinutes from the Regular City Council meeting of October 4, 2004. ~ I 6. Recognition of Scheduled Public .Comment. (Please limit your presentation to ten minutes.) 7. 8 . a. Da id S. Myers, President and CEO of Metro Community Provider Network (MCPN), will be present to address City Council regarding programs and services offered by MCPN. b. Fire Marshal.Ben Greene will presentp;_aw~dfor.ltoP FirP Prevention Week poster contest. 1~7:~:10 Recognfu ~ ~~blic to:"~ent. (Please 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 Discuss ion .) ff Communicati on , Proclama tions, and Appointments. p ue 001 If )OU , a dlsabll11) and need auxill.lry aids°' ~M. ple.ue notify lhe City of Enf}ewo<>d l)Ol· 6H Slat ~ill t 48 hours in advilOCe of when seMCN •e needed. 1N,lk F.ng lewood Ci ty Coun ci l Age nd a October 18, 2004 Page 2 0 0 9 . Consent genda Ile s. AM1Jf./.-//; ,1a,,, IIM~ 9a. 1; ii'f-i;/ Off'-0-;__0 Ap roval of Ordinances on First Read~'-V,._,.,. ~ (/-- i. Council Bill No. 56 · Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement No. 157 to the Connector's Agreement with Southgate Sanitation District. STAFF SOURCE: Stewart H. Fonda, b . c . Utilities Director. ii . Council Bill No. 57 · Recommendation from the Utilities Department to adopt a bill Tor an ordinance approving Southgate Supplement No. 158 to the Connector's Agreement with Southgate Sanitation District. STAFF SOURCE: Stewart H. Fonda, Utilities Director. iii. Council Bill No. 58 -Recommendation from the Utilities D epartment to adopt a bill for an ordinance approving the City Ditch License Agreement and Construction Easement for 5051 South Windermere Street. STAFF SOURCE: Stewart H. Fonda, Utilities Director. Approvys Ordinances on Second Reading . Resoluff and Motions. I 0 . Public Hearing Items . (No Public Hearing Scheduled .) e- 11 . O rdinanc es, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill Na 6Q. -Recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance authorizing the issuance of general obligation bonds for various Water Fund Capital Projects. ST AF.J,~~u,~7 _ _-_ _. Frank Gryglewicz, Director of Finance and Adminis~tive Services. n~ ii. Co uncil Bill N o . 59 -Recommend ation from the Department of Finance and AcJ mmis tra tive Services to adopt a bill fo r an ordinance approving a refunding of th e Marks Apartme nts Va ri able Rat e D emand Multifamily Housing Revenue Bonds, Series B of 198 5. STAFF ,~~~~E.:. ~~ank Gryglewicz, Director of Finance and Administrative Services.~ Plea e note: If you ha e a disability and need auxili ary aids or services, please notify the Cily o f En glewood 303-762-2 405 ) at least 48 hours in advance of when services are needed. Thank you . Englewood City Council Ag enda October 18, 2004 Page 3 b. Approval of Ordinances on Second Reading. trzd.J-9-f i. Council Bill No. S5, an emergency bill for 1'.H!r~inj~cs ~eg_a~g ballot question . if,'~{) No. 2A pertaining to municipal elections . /if~ 02J./4;'t;fJ ~-iuncil Bill No. 52, approving the 2004 Mill Levy for collection in 2005.~ c. Resolutions and Motions. Recommendation from the Community Development Department to adopt a resolution authorizing the FY2005 Community Development Block Grant Application. STAFF SOURCE: lanet GrimJJ1f1.1, ~~J"un'!! Development Department Housing Finance Specialist.~ I Recommendation from the Utilities Department to adopt a resolution establishing maintenance fees for the Big Dry CreekJd_Sin l~te~pto~AFF SOURCE: Stewart H. Fonda, Utilities Director. /~ Recommendation from the Utilities Department to adopt a resolution establishing amended 7i~!o} :'~~~r-service . STAFF SOURCE: Stewart H. Fonda, Utilities Director. v~ Recommendation from the Human Resources Department to approve by resolution, the salary provisions of the Collective Bargaining Agreement between the Englewood Employees' Association and the City of E7J;:'}fj~ ~~005. STAFF SOURCE: Sue Eaton, Human Resources Director. v~- v. Recommendation from the Human Resources Department to approve by resolution, 11,"""" the duration, wage and insurance provisions of the Collective Bargaining Agreement fr r:, between the Englewood Police Benefit Association and the City of Englewood for J/m,I / . ..-nth; years 2J5i:7~~! STAFF SOURCE: Sue Eaton, Human Resources { f I,( ,,-V Director. vv,,..__ vi. Recommendation from the Human Resources Department to approve by resolution, 9~ the Cost of Living Adjustment, (COLA) for calendar year 2005 for managerial and I~/. 51 superv_isory employees, confidential employees, and Si~ti~~ j'._'l_P!~s. STAFF ff V-l/SOURCE: Sue Eaton, Human Resources Director. /I~ l2. General Discussion: a. Mayor's Choice . b . Council Member's Choice . Please note: If you have a disability and need auxiliary aids or services, please nolify the City of Englewood 3 03 -7 62-2 405) at least 48 hours in advance of when services are needed. Thank you. t Englewood City Council Agenda October 18, 2004 Page 4 13 . Cily Manager's Report. 14. Cily Attorney's Report.. 15 . ~djournment. 5:11) r The following minutes were transmitted to City Council between October 1 and October 14, 2004. Code Enforcement Advisory Committee meeting of August 18, 2004. Englewood Housing Authority meetings of April 7, May S, June 2, July 14, and August 4, 2004. Liquor Licensing Authority Board meetings of April 7, June 2, July 7, August 4, and September 1S, 2004. Planning & Zoning Commission meeting of September 21, 2004. Please note: If you have a disability and need auxiliary aids or services, pleue notify the Oty of Englewood 303 ·762 ·2405) at least 48 hours in adviince of when services are needed. Thank I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO October 4, 2004 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:40 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae or ADepmce The Pledge of Allegiance was led by Mayor Gmmt. 4 . Roll Call Present: Absent: Council Members Tomasso, Moon:, Barrentine, GarTCtt, Bl'ldshaw, Wolosyn, Woodward None A quorum was present. Also pttSCIII: City Manager Sean City Attorney Brouman Assistant City Manager Flaherty City Clerk Ellis Division Chief Vandermee. Safety Scrvicea Director GryaJewicz, Finance and Administrative Scrvicea Director Ingle, Information Technok>aY Director Kabm. Public Worb 5. Consideration of Mbnata of Prulom Selllon a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 20, JON. Ma yo r Garrett asked if there were any comments. questions or con-ections . There were none . Vote results: Ayes : Council Members Barrentine , Moon:, Bradshaw , Garrett. Wolosyn. Woodward, Tomasso Nays : None Motion carried . 6. Recocnition of Scbeduled Public Cwt a) Mayor Garrett said we have Firefipter Combat Challenae Team members Roman Rede and Brian Baker present 10 address City Council re1ardin1 the upcomins World Cllallense beina held in Las Veps. Roman Rede introduced Brian Baker and Dennis McTagart. We are pat of die five-member tquad of die Firefighter Combat Challenge Team. Recently three of our memben nveled IO Oakland. Califonu ID qualify our team in the indiv1dui,.I and team relay compeiition. They wen1 Me OD their own Cll~ and did very well OD a r,• ..... Englewood City Council Odober 4, 2004 Pagel limited amount of training . What that qualifies us for is to travel to Las Vegas on November 9"' to compete in the World Combat Challenge in both individual and team relay . If you all recall, two years ago the City of Englewood sponsored and funded our team to travel to Deerfield Beach to compete in the exact same thing. Instead of me explaining exactly what the competition is we do have a video tape of the competition, which will give you a better idea of exactly what we do . After watching the video, Firefighter Rede said that is what we do. For the team relay we have five individuals and each person does one event in sequence. Part of our team, like I said, also qualified for individual events , where each one of us runs the entire course by ourselves. Going to Vegas ... this is a lot of exposure. This is an International competition ... a lot of Canadian teams, obviously a lot of American teams and there are teams that come from Germany as well . Firefighter Baker said we are here to show you what we have been doing and what we have been training to do for years and years. Vegas will cost approximately $3,200.00. That is what we are coming to you for, since in the past you did fund us and sponsor us and we would like to be sponsored by the City of Englewood, as we are racing for the City of Englewood and the Englewood Fire Department and not some corporate corporation. Council Member Bradshaw said have you talked to your union about some funding also? Mr. Baker said no, we have not. She said okay, I didn't know . I know sometimes .. .! am a mem~ of NEA -National Education Association -and for certain things they would fund half or something like that. I don't know if Firefighters would do that. Mr . Rede said we have been working with Director Olson and he recommended that we come and talk to you all first before we even looked elsewhere. I understand you all were just trying to reduce the budget by 400,000.00, so our timing might be kind of bad right now. Ms . Bradshaw said we did that before we came in so it is okay. Mr. Baker said we are looking at one per cent here guys, so it really can't be that bad. Mr . Baker said thank you very much for your time . Mayor Garrett said thank you ver y much and good luck . b) Mayor Garrett said we have the Keep Englewood Beautiful Commialion Chair Eric Crotty and Board Members here to address Council . Mr. Crotty recognized the Commission members in the audience. There was applause. We jllll wanted to come to Council and give you an update on the Keep Englewood Beautiful SK. which wu held on August 28*. It was the first 5K in Englewood ... within the City limits. This wu part of our fund raisin& effort for our Household Hazardous Waste Roundup, which is an extremely expensive event for us. In the tint year we had a lot to learn. We had never done anything quite so involved before, but we want to thank you guys for your participalion ... for helping us with our donors and some of our sponsors . We had a total of 84 cnttants of which 67 ran ... which, according to our events manager, was pretty good for a tint year, ao we were happy about that. We had a total of 6.137 .00 in prize donations from Englewood busillCS:iCS that supported our efforts in this and actually provided, I think , a lot of interest in the race and a lot of grateful people at the end. The majority of our runners were between the ages of 10 and 60. We had expenditures ofSl.450.00, the total participants fees collected were $2,615 .00 and we netted $1 ,164.00 in that cffon, which is not bad for the first year. We had several hundred volunteer hours just fr om th e Commission alone , as well as the City Council members who helped us with this . We wam to thank everybody, including the 29 sponsors and the 84 runners , all of whom contributed at least $20.00 to the event . So, thank yo u for your cffon. We really appreciate it and we look forward to a bigger and better event ·next year. Mayor Garren said thank you very much . Council Member Bradshaw said well done . c ) Englewood Citizen Lisa Archuleta wu scheduled to addrcu City Council reprdina !lie types of vehi c le s that can be legally parked at a residence . She was not present. T here were no unscheduled vi sitors . 8. Commmicatiom, Prodaaatiom aad A.,,.,.._.. Enalewood City Council October 4, 2004 Page3 a) A letter from Samara Ferber indicating her resignation from the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO ACCEPI', WITH REGRET, THE RESIGNATION OF SAMARA FERBER FROM TIIE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Council Member Wolosyn said Samara Ferber has been a great member. Voteraula: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomuso None b) A letter from Deborah Howard indicating her resipllion from the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO ACCEPI' 'DIE RESIGNATION OF DEBORAH HOWARD FROM THE KEEP ENGLEWOOD BEAUTH1JL COMMISSION. Motion carried. c) considered. Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None A proclamation declaring the week of Octcl>er 3 -9, 2004 as Fire PreVClllioo Week was COUNCIL MEMBER BRADSIIA W MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 3-9, a. AS FIRE PREVENTION WEEK. Ayes : Council Members Barrentine, Moon:, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso Nays : None Motion carried. Mayor Garrett presented Fire Marshall Greene with the proclamation. Fire Marshal Greene said I wanted to thank Council for participating with the judging. We've hid a great 11tart to he week with all the posters . There was applause . 9. Consent Agenda a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 (a).) b) Approval of Ordinances on Second Reading There were no ucrns submitted for approval on second reading . c ) Resolutions and MotlOIIS There l"erc no adduional resolllllOllS or motions submitted for approval . (See Agenda llelll 11 (c).) 0 Englewood City Council October 4, 2004 Page4 I0 . PubUc Hearing Items No public hearing was scheduled before Council. 11 . Ordlnances, Resolution and MotloM a) Approval of Ordinances on First Reading D i) A recommendation from the Department of Finance and Administrative Services, City Clerk 's Office 10 adopt an emergency bill for an ordinance regarding ballot question No . 2A pertaining to municipal elections was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 55. COUNCil. Bll.L NO. SS , INl'RODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING THE BALLOT LANGUAGE OF ORDCNANCE NO. 34, 2004, DUE TO A SOFTWARE PROBLEM WITH ARAPAHOE COUNTY , AND DECLARING AN EMERGENCY . Mayor Garrett asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Burentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays: Nooe ii) Director Gryglewic:z presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2004 Mill Levy for collectioo in 2005 . He said the General Mill Levy is set at S.88 mills, which is unchanpd. I think. for the last ten years and die mill levy for Debt Service is set at 2.44 mills . Mayo r Garrett asked if there were any questions for Director Grypwicz. Council Member Barrentine said is the 2.44 an inc:rase or was it the same? Mr. Gry&fewicz said it wu increased fro m 2.34 to 2 .44 and that is because the tow assessed value welll down. jUSI a small amount. so the mill levy floats up to make certai n that the Debt Serv ice payments can be made u colllraC1cd . Ma yo r Garrell asked if there were an y other questions for Director Grygle wicz . There were none . CO UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BILL NO. 52. COUNC lL BILL NO . S2. INTRODU CED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MllLS UPON EAOI DOLLAR OF THE ASSES SED VALU ATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGI..EWOOD, COLOR ADO . Vote results: Ayes : Counc il Members Barrentine, Moore, Bndabaw, Oarreu. Wolosya. Woodward . T OIIIUIO Na y : None Mo uon carried . Englewood City CouncU October 4, 2004 PageS b) Approval of Ordinances on Second Reading There were no items submit!Cd for approval on second reading. c) Resolutions and Motions i) Director Gryglcwicz prcscn!Cd a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the Transfer of Funds from the Risk Management Fund to the Employee Benefits Fund . Mr. Gryglcwicz said this transfer is between the Risk Managcmem Fund of 300,000.00 to the Employee Benefits Fund. What happened was the premiums that are paid were based on 27 pay periods of collection, but there arc actually only 26 this ycar ... therc arc actually 27 paychecks cut this year, but only 26 pay periods ... so they are behind one revenue payment. So to make it whole, there is a transfer from the Risk Management Fund, which this year has a small amount of excess, so it is just a straight across transfer. Mayor Garrett asked if there were any questions for Director Gryglcwicz. There were none . COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • ~LUTION NO. 88, SERIES OF 2004. RESOLUTION NO . 88 . SERIES OF 2004 A RESOLUTION APPROVING THE TRANSFER OF FUNDS TO THE 2004 BUDGET. Vote results: Motion carried. Ayes: Nays : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None ii) Director Ingle prcscnled a recommendation from the Department of Information Technology to approve by motion the execution of an iruegraled procwement and support apecmenl with CRW Associates of San Diego for the purchase and implementation of a new Permit Tracking system. Mr. Ingle said two Study Sessions ago we had the opportunity to brief Council on the proposed contract with CRW AssocialCS for the Permit Tracking system, which is also inclusive of software to handle the City's many licenses and to do Code Enforcement tracking. which is currently not an automaled system within the City . The Committee, composed of approximately 20 staff from various departments, undertook an extensive process to evaluate different national software providers and arrived upon the recommendation ofCRW, based on a combination of the software functionality . the technical fit of the product, the business partner fit and finally it was the lowest cost alternative for the City, both on the ca pital expenditure and operating basis . This does come in below the project estimate of 348,000.00. The complete contract. includ:ng implementation services and items to be proclD'ed separately by the Ci ty is $27 1,000.00 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) • THE EXECUTION OF AN INTEGRA Tm PROCUREMENT AND SUPPORT AGREEMENT WITH CRW ASSOCI.ATES OF SAN DIEGO FOR THE PURCHASE AND IMPLEMENTATION OF A NEW PERMIT TRACKING SYSTEM. Mayor Garrett a.~kcd if there was any discussion . Co uncil Member Bradshaw sai d Don. thank yo u so much for getting on this so quickly . Mr . Ingle said thank you. Ms. Brad shaw said I reall y appreciate it . Vote results: Ayes : Council Members Barrentine . Moort . Bradshaw, Ganeu. Wololyn. Woodward,.Tomasso Englewood City Council October 4, 2004 Page6 Nays : Motion carried. 12 . General Discussion a) Mayor's Choice 0 None i) Mayor GIIITClt said I would like to address the request of the Ftrefighters Combat Team. Do we know how much we have available in the City Councils budget for Aid to Other Agencies? Council Member Wolosyn said I'm not sure, but I think we have $1,500.00 left. We have the $500.00 that goes to individuals which, I think, is consistent with them and I think there is $1,000.00 that wc have left that wc never used. We might be able to do that, because lhcrc are some numbcrs that never get touched. Mayor Garrett said do you think we could do the full $3,200.00 from that particular fund? Ms . Wolosyn said I would have to look at it. .. but not from the Aid to Other Agencies. Mayor Garrett said can wc take it from the Council budget? Ms. Wolosyn said exactly, that might be possible. Council Member Bradshaw said maybe a combination? She said Aid to Other Agencies is closed out. Council Member Wolosyn said right. but I think we left $1,000.00 in there and then wc had $500.00. But. she said, I think that in all the other line items ... many of them we never really exhaust. Mayor Garrett said so you have a lot of confidence that we have $3,200.00? Council Member Wolosyn said I don't have a lot of confidence, because it has been a long night. .. but I know where my numbcrs are at home. Council Member Bradshaw said should we ask Director Gryglewicz? Director Gryglcwicz said I don't know if you would like to, but there are funds available in the Contingency if you would like to use those. Ms. Wolosyn said thank you Frank. Mayor Garrett said in the City Council Contingenc)' or in the Contingency in general? Mr. Gryglewicz said it is just the General Contingency Funds that we budget each year for things that come up that just aren't budgeted at the budget planning session. Council Member Bradshaw said I would like to sec us use those funds. Ms. Wolosyn said I would too. Counc il Member Wolosyn said do we want to do a combination or do we want to do just all contingency? City Manager Scars said I think what we really wanted to do was to get Council's direction , to get a feel for whether yo u felt this was an appropriate funding. Once you have made that decision, my recommendation is to take it out of Contingency. Council needs to do their own budget and there may be some savings within Safety Services to add to it. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO USE CONTINGENCY FUNDS TO UNDERWRITE THE PARTICIPATION OF OUR FIREFIGHTERS IN THE WORLD CHALLENGE BEING HELD IN LAS VEGAS. Mayor Garrett asked if there were any comments. Ma yor Garrett said I would like to say this ... that they always make very good rcprcscntalives of our City. wberc'YCI' they go. so I will be willing to support this one. Vot e results: Ayes: Na) : Council Members Barrentine. Moore, Bradshaw. Gancn. Wolosyn. Woodward. Tomasso None Englewood City CouncU October 4, 2004 Page7 Motion carried. b) Council Members' Choice i) Council Member Bradshaw: 0 0 I . She said we have a resolution refunding the permit fees, sales and use taxes paid by the contractor for the House of Hope located at 3301 South Grant in Englewood. This is just a one time thing, is this correct? Mayor Garrett said correct. Ms. Bradshaw said okay. Council Member Bradshaw said will wc get a letter off to those folks to say .. .look you do have a non-profit tax ID, figure out how to use it? City Attomry Brotzman said we have that prq,arcd. Because, Ms. Bradshaw said, I don't know that we can continue to do this each time. The resolution was assigned a number and read by title. RESOLtrrlON NO. 89, SERIES OF 2004 A RESOLtrrION REFUNDING PERMIT FEES, SALES AND USE TAXES PAID BY THE CONTRACTOR FOR THE HOUSE OF HOPE LOCATED AT 3301 SOUTH GRANT STREET, ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVFJ>, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 89, SERIES OF 2004. Mayor Gurctt asked if there was any comment. There was none . Vote results: Ayes: Council Mcmbcn Barrentine, Moore, Bradww, Ganeu. Wolosyn. Woodward, Tomasso Nays: None Motion carried. 2 . She said I want to thank staff for the excellent information for the Budget Retreat on the 25111 and also for their quick response to the additional $400,000.00 that we asked them to cut. We really appreciate your time and cffons. Thank you. ii) Council Member Wolosyn said thanks to KEB for coming out. Mayor Garrett said wc have a resolution declaring the intent of the City of Englewood to sign the Metro Mayors ' Caucus 2<XW Regional Memorandum of Understanding on Water. When I received this, knowing that I had no cx penisc. I had Stu Fonda review it and he thought it was in Englewood's interest that wc should sign up for this Me mo randum of Understanding. Given that. I would ask the Clerk to assign it a number. The resolution was assigned a number and read by title . RESO LtrrlON NO. 90, SERIES OF 2004 A RESOLUTION DECLARING THE INTENr OF THE CITY OF ENGLEWOOD, COLORADO TO SIGN TIIE METR O MAYORS ' C AUC US 2004 REGIONAL MEMORANDUM OF UNDERSTANDING ON WATER . MAYOR GARRETT MOVID, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. M, SElllF.S OF20CM. Mayor Garrett asked 1f thcrc was any comment. There was none. t F.nc)ewood City Council October 4, 2004 Page8 Vote results: Ayes : Council Memben Bamntinc, Moore, Bradshaw, Garrett. Wolosyn. Woodward, Tomuso Nays : None Motion carried. Clerk's note: This wu listed on the Agenda u Item 12 (b) (ii).) 13. CityMuapr'1Report a) City Manapr Sean uid I would like ID DOie publicly that I am v«y happy ID be Ible ID appoint Rick Kahm ID the position of Public Worb Direc1Dr. Rick bu served lhe City for 37 years. He bu been a member of the team and actually did apply ... al one point in time ... lO be Public Worb Director, but he also lerYed the City v«y well as Capital Projects Director. I think this will be a blending of IIOIDC of !bole rapoasibilities. Ridt ba served this City extremely well and does an eX1rllOr'Climry job providin& leldenbip and workina with odler memben of the Council and members of the mtmlfflll'DI tam. I am very pieued lbal Rick hu accq,led die appc,i14a.t and look forward IO him providing leadenbip in that role. 14 . City Attorney's Report City Attorney Brotzman did not have any mallal ID bring before Council . 15 . AdjounuMDt MOVED TO ADJOURN. The meeling adjourned at 8:0'2 p.m. PUBLIC COMMENT ROSTER DATE: October 18, 2004 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT 2004 Fire Prevention Poster Contest Winne~~~ Cherrelyn Elementary ~ 111 Place Tyler Vigil, Ms. Logsdon ~ 2nd Place Brendan Clements, Ms. McDuffie 3rd Place Veronica Peltz, Ms. Treadway Clayton Elementary 111 Place Jamie Thompson, Ms. Tribur 2nd Place Madison Parks, Mrs. Cain 3rd Place Celani Katana, Mrs. Beal Bishop Elementary 111 Place Catherine Meyer, Mr. Seckman Place Cole Smith, Mrs. Feiger 3rd Place Jaime Boras, Ms. Tronnes Charles Hay 111 Place 2nd Place 3rd Place Hannah Erickson, Mr. Rode Kelrnen Dindinger, Mrs. Fall Charlie Guy , Ms. Bussell Maddox Elementary 111 Place Casey Holtz, Ms. Rice Place Ian Maxey, Ms. Bell 3rd Place Valeria Centeno, Mrs. Aushennan St. Louis Elementary 111 Place Jackie Hugger, Mrs. Walker 2nd Place Catherine Peeples, Mrs. White 3rd Place Danielle Vigil, Mrs. Gerding All Souls Elementary 111 Place Emily Alexander , Mrs . Ernst 2nd Place John Andres , Mrs. Ernst 3rd Place Tim Loiseau , Mrs. Niswonger COUNCIL COMMUNICATION Date: Agenda Item: Subject October 18, 2004 9 a i Southgate Supplement No. 157 Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 12, 2004 meeting. recommended Council approval of a bill for an ordinance approving Southgate Supplement No. 157. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Avenue excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts . These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Lynn J. Hinkle, for inclusion into the Southgate Sanitation District Supplement No. 157 is for Lot 1, Village Hill Subdivision for an area that is 2.5 acres. The lot is presently and will continue to be used for a single-family residence. The legal is attached as Exhibit A. The property is located on the northeast corner of South Colorado Boulevard and Garden Avenue in Greenwood Village. The address is 5430 South Colorado Boulevard . FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance. Southgate Sanitation District Supplement No. 157. ORDINANCE NO. SERIES OF 2004 BY AUTHORITY AN ORDINANCE APPROVING SUPPLEMENT NO. 157 TO THE SOUTHGATE SARtl'ATION PISTRICT CONNBCrolt.'S AGIU!BMBNT POil TflB INCLUSION°' / LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2.5 acres into the District; and WHEREAS , said inclusion is located at 5430 South Colorado Boulevard and Garden Avenue in Greenwood Village; and WHEREAS, the zoning of this property in Greenwood Village is for Residential Zoning and contains a single-family residence and the proposed use is to remain the same; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS , the Englewood Water and Sewer Board recommended approval of Supplement No. 157 to the Southgate Sanitation District at its October 12, 2004 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 157, to Connector's Agreement", which includes 2 .57 acres located at 5430 South Colorado Boulevard and Garden Avenue in Greenwood Village, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit I" and incorporated herein by reference. Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respective ly , the said Agreement for and on behalf of the City Council and the City of Eng lewood, Co lo rado. Introduced , read in full , and passed on first reading on the 18th day of October, 2004. 1- t Published as a Bill for an Ordinance on the 22nd day of October, 2004 . 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 true cop~ of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18 day of October, 2004 . Loucrishia A. Ellis SUPP1.W NO. J.!L. TO COflETOR'S AGREEIENT TiflS AGREEIENT, llade and Mind in1o by and bawNrl the CITY OF INGLEWOOD, acang by and 1hraugll ill dull/ IUlllarizad ..._. and Cly Clerk, lwlllllAli called the "City,• and SOU'THGATI SANITATION Dll1R1Ct, ~ and Douglla CountiN. Colorado, ........ Cllllad Ille .,,.... • WITNESSETM: WHal!AS. an Ille 20lh day rA Ju,a, 1881, Ille Cly and Ille Dlalrlct ftll9d inlo., ~-in whicll lhe Ciiy ..,_ ta lrNI NWage Oi\,illliiig trom the Dlllrlcl'I alilaly-sylllln wilflSI Ille .. --by the Dillrlct. wfli:tl ~ -ll'IOlt nan11y l9lleWed by Con111ctan AQrN11W1t dlllad NcMrntw 1e, 1888; and WHER!AS, said COl1nlclDl's AgNeme,1t p,avidN lhllt 1111 dlmtct ma, not enlarge its se,vica ... wlltlout the wrillln COian rA 1111 City; NOW, lHEREPORE, in CDl .... alion rA Ille mu1Ua1 ~ and undertakings her9in Ill fontt, the pa1ill avi-• falows: 1. The City hereby ~ ta lhe indulion d certain addlllanal .. loc:atlld in Atapel,oe County, Colorado, owned by Lynn J. H1n1111 and 111111'1 rulv dllaibld on Exhibit A attached hereto and incorporalld hlAlin by ,.,.._, into ~ Sanitation Dillrict. The City lglNI that said adctllional ._ ma, bl.._ wilh 1111 ._ fac:ilillls of the Olstrid, and that the City wi1 1r9at 1111 IIWa!II dllcha,ged inlD 1111 City'• trunk line from uid additional aru. all in ac:can1anc:1 with 1111 Connec:ta,'1 Agrwnillt datad NcM1rnber 18, 1988. Accardingly, Exhibit A '*rid ta in Pwlgraph 1 d 1111 ConlllCllaf's AglNinent daed Nov9i'llblr 18, 1988, ii hlnlby .-ldld ID includl IUCh addJllonal ..... 2. Each and~ Olhei-P"MliOII rA 1111 said COl•lldDl'a Agr'Nnelll dated No119mber 18, 1988, lhal 1Wn11in unc:hangld. IN WITNESS WHEREOI', lhe PlftiN h1111 Sit their handl and NIii ltlil day of_. 200_. ATTEST: CITY CLERK SEAL) CITY OF ENOlEWOOD By: _______ _ IIIAYOR SOU'THGATI SAN1TAT10N DISTRICT, ARAPNa AND DOUGI AS COUNTIU, COI.OIW)C) T l t P&"IIIION JOR JNa.USION CW 5438 SOUl'B COLORADO BOOLDEVAJID TO soumGAn SANITATIONDISTRICf NARRATIVE DDCIUITION ne propeny ill located oa tile aortuaat corMr ofSoldll c........, Boalmlrd ud c..... Ana-. ne llllllde'1 lloe a m1h e,-a, .. war• appa,zlnatwly 2.5 acra,ud ... property ill --R-2.5. Uadlrdll cmnatbnlGNeaweed Vlllap w ...... ud s-BarJ Project, a...,...._ II ..-,,mt• na pudalJ ap .,....... ..... a•_..,,_ ... ._....._.,c.....,............,.udGanlm dlrl dee, TIie Project ......... nd ... amtn,cti9a ., ..... aaeitedMIM••••cc,.....,...dllllillldlpnpartft'or_.._ AD•--- for tllil ewtncdoa ..... bela eMailNd. TIie IDule pa1(Ml11woul dlla llleek of ............... al ta.TIie~ nqatnaea11woul beforreddeadal....._ I SJ i,-,.,-,... ... ,,, I i~ t:767 -~ .. I ,: ~v k NL.i:thl HMJ.W4 l, .. ' J --11 cl ~ D o· .. ·.,··. TI' I r MOO SJ i1·( I DEN WATER T ·'• - DEPARTME~ 62e.:.5ooc s ll liilllllllW•lliiilllilWf 'ii~.•lii: ~ f!~I AREAO,INCWSION l t . ,· .. .. . . . ..... ;,.,. I i I ,• .. •·· . INCLUSION NUMDER 15 SECTION NUMDER \ w,·,uMDERs I 4 KEY MAP NUMBERS SOUTHGATE INCLUSION MAP SEWER) SHEET 1 OF 3 C COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 18, 2004 9 a ii Southgate Supplement No. 158 Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities .. COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 12, 2004 meeting, recommended Council approval of a bill for an ordinance approving Southgate Supplement No. 158. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Avenue excluding Highlands Ranch . By contract the City of Englewood must approve any additions of land to be served by the districts . These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in t~e treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District A request was made by the Southgate Sanitation District representing the owner, Diane D . Writer, for inclusion oi Supplement No. 158 consisting of two parcels (Parcel • A" and "B") totaling 10.0436 acres into the Southgate Sanitation District. Parcel "A" contains an existing residence at 3720 E. Williamette Lane which comprises 5.1734 acres . No changes in zoning or use are anticipated. The legal is attached as Ex hibit "A". Parcel "B" consists of Lots 1 and 4 which comprises 4 .8702 acres of vaca nt land zoned for a single family residence with service requirements to be determined. The adjacent properties are located east of U niversity Boulevard, south of Williamette Lane and west of Colorado Boulevard in Greenwood Village. FINANCIAL IMPACT one. LIST OF ATIACHMENTS B,11 tor Ordinance. outhgate <1n1talto!~ D, tnct uppl ment ~o. 158. t 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY D 0 AN ORDINANCE APPROVING SUPPJ..EME.NI NO. l~ SANITATION msmCT CONNECTOR'S AGllEEMENT JOit 11D! LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 10.0436 acres into the District; and OF WHEREAS, said inclusion consists of two parcels (Parcel A and Parcel B); and WHEREAS, Parcel A contains an existing residence at 3720 E. Williamette Lane and comprises 5.1734 acres; and WHEREAS, Parcel B consists of Lots I and 4 comprising 4 .8702 acres of vacant land with service requirements to be determined; and WHEREAS. the adjacent properties are located east of University Boulevard and, south of Williamette Lane and west of Colorado Boulevard in Greenwood Village; and WHEREAS, the zoning of these properties in Greenwood Village are for Residential Zoning and each parcel contains a single-family residence and the proposed use is to remain the same : and WHEREAS. said annexation of these additional parcels of land will not increase the tap allocation 10 the Southgate Sanitation District; and WHEREAS. the Englewood Water and Sewer Board recommended approval of Supplemen1 No. 158 10 the Southgate Sanitation District at its October 12, 2004 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The Agreement between the City of Englewood and Southgate Sanitation Di strict en1i1led ··supplement No . 158. 10 Connector's Agreement", which includes two parcels (Parcel A and Parcel B). Parcel A contains an existing residence at 3720 E. Williame lle Lane and comprises 5.1734 acres. Parcel B consists of Lots I and 4 and compri es -t . 702 acres of vacan t land with service requirements to be determined. The adjacen1 propemcs arc located east of University Boulevard and. south of Williamette Lane and we I of Colorado Boulevard in Greenwood Village . Supplement No. I 58 To Conncc1o r ·s Agreement 1s hereby accepted and approved by the Englewood City Council. A copy ofsa1d Agreement is attached hereto as ''Exhibit I" and incorpcrated h,·rcin by reference . 1- Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 18th day of October, 2004. Published as a Bill for an Ordinance on the 22nd day of October, 2004. 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 true copt of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18' day of October, 2004. Loucrishia A. Ellis 2- 0 4 ... ~-:-.•.• ..... ·····w.· A -,, r~:~ NO. .J.d.. 10 GOIIETCIR'IMiid&FTAT THIS WliffUllff, male and lllllrld Ila bf 111d ~._cm' a, INIIUWOOD. -*19.,, 111d lwaugll la~ dlllllmd ..., ... Cly Clldl. ........ CIIICI the -ca,,• 111d SOUTHGAff IAIITATICN Dll'IIS'?, A,apallQe and Daugllll Cculllll. Coknda. t.aallllllal Cillad the "'lllllrlllt,· WffllUIEH: WHIMAII. an the 20tl day of .uie. 1111, .. Cly all the Olllrlct..,. 1nm 11'1 AgaNINllt in whlc:h the Cly lgl'Nd ID RIil .... artgNllnD fram .. [Mich syllln'I wilhin ........... .,, the lMtct. wl*" ....... -malt 1..-d by Co,1iec:IIDl'1 Agr9ann d.-1 NcNenlblr 18. 1Nl; llld WHIMAS. l8id CoiallCtDr'I Agl..-lt pnMllll that the dlltrict may nat ll'lllrge illl lrlim .. wiltlCIUt ...... car.-of the Cly; NOW, THml!PORE. in caolidaallln of die mulUal cuw,•• and 1a..toidlii ... 1aci_iga_ twain .. for1h. .. paltlla agrN • raao.: 1. The City i.9by ~ ID die inctalian al c:artain ....... locaad in ~ County. Colorado. awrl9d by DlalN D. Wltllr and men tuly dllaibed an Ellhibit A altached hlra and IICClljkliald ha9in by ~. 11m Soult,gata Sanitadon Olltrict. The City .... 1tlllt said addlllanll .. may be -- wilh the __. facilll91 at the Olltrict. and 1hat the City wil nat the Nwege dlld'aged inlD the City's trunk line fram uid addltlonll .... al in 1CCU1da11ce wilh the Co,1,wctu.'1 dalad November 18. 1988. Ac:COldiigly. ExtlibitA r*l9d to in P•IIU'IIPll 1 al the ConnedDf'I ~ dalild NcMrnber 18, 1188, ii...., amended to include 1111:haddlial.i ... 2. Each and .,.,., od,er provilian of the said Connedllr"• ~ cS ~ 18. 1988. shall rMl8in unchanged. IN WITNESS WHEREOF, the par1iel have Mt tllair tw1da and ..... ltlil day of __ , 200_. ATIEST : cnYCl..91< SE.All CITY OF INGLIWOOD By: _______ _ MAYOR l Parcel "A" EXHIBIT A Legal Description) That portion of Lots 245 and 246, South Denver Gardens, together with that portion of the adjoining North 1/2 of vacated Price Avenue, being in the northeast one quarter of Section 13, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Greenwood Village, County of Arapahoe, State of Colorado, described as follows: commencing at the east one quar18r comer of said Section 13; thence North 0°13'15" West along the east line of said northeast one quarter 858.17 feet to the centerline of vacated Price Avenue; thence South 89°57'15" West along the centerline of said vacated Price Avenue 675.00 feet to the Point of Beginning of the herein described parcel; thence North 0°13'15" West parallel with the East line of Said Northeast one quarter 329.18 feet; thence South 89°59'50" West. 25.00 feet; thence North 0°13'15" West 8.00 feet thence South 89°59'50" West 61.00 feet; thence North 43°50'00" West. 87.67 feet: thence North n•o2·oa· West 457.14 feet to a point on the easterly right of way of the Highline Canal; thence along the following three (3) courses on said easterly right of way line; (1) thence South 3°21'12" East 187.05 feet to a point of curve; (2) thence southeasterly along a curve to the left having a radius of 5'48.68 feet. a central angle of 20• 41 '59" and an arc length of 198.23 feet to a point of tangent (3) thence South 24°03'11" East along said tangent 121 .16 feet to a point on the centerline of said vacated Price Avenue: thence North 89°57'15" East along said centerline 4n.62 feet to the Point of Beginning. Parcel ·e· Lot 1 and Lot 4 in tracts 243 , 244 and 245 South Denver Gardens and the South 1/2 of vacated Williamette Avenue adjoining Lot 1, County of Arapahoe, State of Colorado, described more fully in that certain special warranty deed made May 25 , 1976 by and between Norman 0 . Writer and Ronald R. Pfister and Marie M. Pfister reco,ded May 27. 1978 in Book 2452 at Page 162 of the records of the Clerk and Recorder of the County of Arapahoe. State of Colorado . t To: Soutbpte Snritarion District Re: Lots 1 and 4, South Denver Gardena Thia property comaim 4.8702 ac:ra ofVKllll laad and ia maecl B.-1.S fbc liDafe &mily raidences No cbanps in z:oaina or UN are l'lliciplled The IS'lice niquinmeaa and CODlb'Uction ICbedule are llill to be detamiaed. c. To: Southgate Sanitmoo Diltrict Re: 3720 E. WiDilmette Lane This property coataiDs S.1734 acres and ia zoned ll-2.S . A sinp filmily reaidence already aisis on tbe property, and no cbanges in zoaina or use are mticipued The service requirements and IChedule are still to be detamined. C f~·~. ·~, ,~:., 4.,._A: t--.::-L• ... :: pit' £.-A ·-~.-.\~""'° ,/ 1 { fff t-..... ~ ·: f-::.'.-~~~;:-· i'~::. ~ .. t i,;.. COUNCIL COMMUNICATION D.ite: Agenda Item: Subject October 18, 2004 9 a iii City Ditch License Agreement and Construction Easement for 5051 5. Windermere. lniti.ited By: Staff Source: Utilities Department Stew.art Fonda, Director of Utilities COUNCIL COAL AND PRMOUS COUNCIL ACTION None. lfCOMMfNDfD ACTION The Englewood W.iter and Sewer Board recommended Council approval by ordinance at their October 2004 meeting of the City Ditch License Agreement and Construction Easement from Mr. Tim Czamek. IACICIOUNO, ANALYSIS, AND AllllNATIVES IDfNTIRfD Tim Cz.irnek. owner of 5051 South Windermere, submitted a license agreement and temporary construction easement for an adjacent piece of property to the west for gas, electrical and water hne crossings . The three City Ditch crossings are to make utilities available for a warehouse building being constructed lo the west of his property at 5051 South Windermere Street. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossi ng provided by the Licensee. The City reserves the right to make full use oi the property necessary in the operation of the City Ditch. The City retains all rights to operate, main tain , install repair, remove or relocate any of its' facilities located within the City's right-of-way. Engle\,ood' City ttorne and the Utilities En&ineer have reviewed and approved the license igr ment and construction ea ement. FINA CIAL IMPACT on . TI CHMINTS t ORDINANCE NO . SERIES OF 2004 BY AUTHORITY AN ORDINANCE APPROVING A LICENSE AGREEMENT BETW-EEN THE CITY / OF ENGLEWOOD, COLORADO, AND TIM CZARNEK FOil GAS, BLECTRICAL AND WATER LINE CROSSING OF THE CITY DITCH. WHEREAS, Tim Czarnek submitted a License Agreement and a temporary construction easement for an adjacent piece of property to the west for gas, electrical and water line crossings of the City Ditch; and WHEREAS , Tim Czarnek desires to construct a warehouse building to the west of his property at 5051 South Windermere; and WHEREAS, this License Agreement is needed in order to make three crossings for the Gas , electrical and water line crossings of the City Ditch for utilities to be available for a warehouse building being constructed to the west of his property at 5051 South Windermere ; and WHEREAS , Tim Czamek assumes full and strict liability for any and all damages of every nature to persons or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee ; and WHEREAS, the City reserves the right to make full use of the .property necessary in the operation of the City Ditch; and WH EREAS , the City retains all rights to operate, maintain, install, repair, remove or relocate any of its' facilities located within the City's Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval by Ordinance of the License Agreement to maintain that portion of City Ditch at th eir October, 2004 meeting. NO W, TH E REFORE, BE IT ORDAINED BY THE C ITY CO UNC IL O F TH E C ITY OF ENGLEWOOD, COLORADO, THAT: Secti on I . The City Coun ci l fo r the City of Englewood , Colorado. hereby approves the Lice nse Agreem ent be tween the Ci ty of Englewood and Tim Czarnek for ut ili ty crossin gs over the C ity Ditc h adjacent to 505 I Sout h Wi ndermere . Sec tion 2 . The Chairman o f th e Eng le wood Water and Sewer Board and Director of Uti liti es arc he re by autho ri zed to sign sa id Licen se Agreement . Int roduced , rea d in full , and passed on fi rst reading on the I th day of October , 2~ l • t Published as a Bill for an Ordinance on the 22nd day of October, 2004. 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 true cop~ of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 18 day of October, 2004. Loucrishia A . Ellis 2 - 0 C YCENSB • CJ'l'Y DITCH CB088JNG 6GBU¥INT Iba Ciw'• np&14-•ay !or the Ci&y Dltcb. dMcnbed u 1 ,--a! lADd lliwaud ill the _ Si 'z'Lg I' 1'tl[. Sl.c) 1/..J alSeoaoa _q....._ __ TOW11.1m11 til Rance AC4 LJ al tu -,--------,,.,.,--- lr .. n.. ... ..._ ____ _.P.M., Couiy of Anpaboa, Stace a! CoJondo dNarilMci U !ollo,r1: t)T /1 B1..eo< I of ~1JOE1MUi Eau;J:TU& S'~l?.t)'~sr.wv CJ:::i"r cr;:.. J.:J:;tLt-wrv 1. ),ny coaatrw:tion contemplawd or penmmed llmiar tllia J..iccDN Jhall comply with and con!Drm to mndardl form'lllar.ed by tha Dinctor al Utili1:iea of w City IJld 1uch ~ ihall be performed ud completed eccardizi1 to iile plam, CXlllliawac af one lnNt, I CDp1 ttl which is anacbed heroto and mad, a Pllft lwnGf. Tba ~ shall notify the City'• Oinctar olUtlhtiH st llai dine (3) days prior :O the time oi commencement oftba COl)ltruc-.ion o( army l'9Pain made 1111. Lice-··---- I +Hr)-Sf\.. w:..y€ G,t:$ J.E!d':. flr:Q .;, dGi'!Y?:< Wt Ula City may, in 1ca cliacretion. implCt auch opeftbCITII, 3. Witlun tluny (30) dilys from the date a! the !"ii'itJM:emenc al~ oi aaid --- were&-LM GIK b&:1i: ~ LWOLkk tho Licenaee 1hall amiJllte Neb CODI~ place aid mai4WA penllWJlt. viaiblt! markers. of a type and a, audl lac:ationaas dnipar.ad by I.hi City'• Duector o{Utilitie,. refe!'rlnf to the c:anterlinl of the installation aad ab.all cltar the croainc :uu of all conatruction debn, and. rH!Oft Ille area to ita pn,,iou condiuoa u our u may be reaaonahle. In the even, tha planinc al th.a c:ancarlinl marlutr1 and tha clearinc llD4 re,torstion of the =-me area is aot complliad within thll tiJDa specwaci, ui, City may complete the work at th, aoi. UJIIDN ai tha I.icaziNe. 4. The City aball ha-.. tha richt -:o maintain. imc.all. npan, remOll9 or relocs• the City Ditch or soy othar of ita £aalim1 ar izlltallaaoa, within the Ciq,'s nch""°'•way, IC any=• and lD auch ::utimer u th.a City deem, :wcnaar,, or C1111ft1111ni. TIii Cisy 'l'UIJ'ftl tha ncimm ric11t • ciamra1 all ---11111 mataJJaaw. r. di.I _. t1i. Wt7H& l.7Mt, ~ Uiol'lt rWP AA7! P"«M'11W i11tama wWa .ua, fmn -altlla Cis,'a ripcHf-wa, 11, di. City, CM LlceMN eball. upcm ftCl1lla& 111d at illl-,. ape1111, ~. ~. • - ii.a imfaD.aciaaa 10 U aai to UIMrlart wilb .,,., IIICh -· 5. AAY npair or replacement ol aay Cicy imtalla1:ia lftada ~. ill CM ~ al di.I Ci1:1'1 Dine= of Utilia .. llea-at cha ~ al tba """'81: .4.J:11,idl et1 bM-W eM::fDl.k-: or Olbar app,anaam illltallaalin cuna( llwl lie mada at the Iola eiqiew al &be U-..... 6. 'l'Jie 1ap1U.1t:ioo UMi mndi&iom at thia 1.--sbal1 be immporated imo c:muncc apeci!aeiom if di.~ btnm a1Wlollriacl II flD be dam• a mamcc balia. 7. The richta 11111 priwilepe putad iA thia 1.--lilall lie nbjeci to prior mer-ta. ---""'°' sraasa. NCDrded or~ -1' lllall lie cha I..icaNe"• 1111a Nip eihili~ to dcnarmim die ~ at Mid doeuwta or crwlic:,iac-, or imtallaeima . 8. The LaMee allall concac& and ti.illy CIICIPtfttl <rith the Cii,'1 p--1 ud cm CIIIIRMJCtioa. allall be campleced withaui inter'.-wi&h any lawful uual or orduwy flow of ,rarer chroup the City Ditch. i.-lhall --all riab illcideDi ID w ~- pneence of ,uch Watan. OI' of SUlnll watan. or of 111mce watan in the City Oiich. 9. All cnndla or holN within tba City'1 ri1hu-ot.way sball be ~ imd tamped to tJ1e orifuw poumi line in layera not ID excN aix (6) indlM me m1Ullrll to a =mpaction of nmeey pec:ant (90%) Standard Proctor lcbJwnum Demny. 10. Lie-•· by IICCIPwict al thJa Licenae, Ullr~ •-f\111 ud mict liabili~ far any 1..11d ,Ill daiutM ol avery naain to penon ar :;iroperty o::a\lllCI by wace ~ the ditch l1ak:iq throuch th, ditch banka or P'll•lina at :he pomt or poiDta where w ~ perfanu any work i.a cmmaction wnh thft c:oumc pnmded by tllll Licame. The LiceDMe u11mH all raponaibalicy for mam&allAIICI ol ti. imt:illatian. bemc Within and acrou illld Wider cha pnm&Ne of UII City ~r by -of any work daae or omiaum :11acle by L.ICII-. iu apnta or empioyea. ill ~ with the c:omtnctioa. replecemant, IIUiAlimance or repair of aaid imtallaiia 12. It i1 nprnely acr,ied tlat in cue aiLica-·, orwach of ur of the Within promiaH. w Cay m1y, at 1t1 opcuin . have ,pee:.& peformana theno( or 1111 for dama4: .. r11u1Qnf !rom auch breach. 13. Upoa abandonmenc al &Zl7 richt or privile11 bcneill snnud, th, richt af l..lamn t0 that 1:aent shall terminate . but ltl oblipaon tO 111d1e11iv 1111d .ave harmJna the City. itl oft!cen ud tmplaywe. ,hall aot tanniutl :n UIJ ..,_ 11. i:raatmr the above authonzatiac, w Cicy -the richt t0 mab :ull 11111 of ;No property mvolved u may bl noce.uy or conv1nieat ill :.be crpenDOII of the waccr woru plant ar.d "'"' Wider cha conaol ul cbe Cicy . 2- t i .. ··1 • .•• ••.. ..••••.•• •. . ..,:..;,·.· ·•••••··• .•. -~·......:..:.;.c.·:.:..··=" ....... ..., .. ?._..,._ .. < ..... ....,..-..,;;,=..-...:z====.:.....-.-=::-1 ~ · .. ·~··:~ t&-2004 1ED 03:51 Pit EJlilElm> UTILITIES FAX Ill. 303 783 8884 -l!l. P, 04 ~~ . ID pmlliDa die above audlDrialiaD, 111e Ck)'....,.• q111 CD ... 1111 w ortbe JIIOPGIYDlYOl.wd • maybe mic •Y or emu ·s mi. ...... oltbeWllllrwmb p1-aml .,-mlcr CCIIIIIOI ofi. City. JN WITNESS WHEREOF !Ilia .... 1m 11em a.-.l • oldls day ad flnt allow wri1lla. C1I'Y OF ENGL!WOOD By.~----------- SIIIWat H. Jfcmda Dilr.lllf olUtililia City of!nprwood By.~------------ Chairman Enpewood Wa= and Sewer Board The lllldmipd .,.. .. ~ C1cp...rµ),f,r< fonsaDms l.iCCIIIC 11111 ..,_ ... ,. bch:1r11. bu rad tho itfwill . ----,-...,,,,...._,..,.~~~----,--------- accept and will abide by aD tho 11m1111 111d cantiriont dllreo£ ay. 21J.-ZN£ Title: 0.i?N ri,IL Address: &78t u) kv6 Th_, l.:6~ fndJ M'~ Phoac: 3b3-332-b%$ My comraillian expires: 1 I 1 "'> l.:;oo8 I I h:f·· f-, • I PARCEL NO. PE-I IXBIBrf .. A" TO C1tOSSING LICENSE FOR A a--. iaillly U.. lllilla a 1ar1 aCl.al I, Black I w..ia-l!qailill S1.l¥illaa • _... ia 1111-* a( MpatmeC-,Clllk&....,.,om., AnlplaC-,, OikndD. ........... Saulll.-QuawaC Scliall 9, TOlflllllip S 5a11b. Jt-.61 W•aClbe Sil* Mldpat Mlricla. MpatmeC-,, Colarado. -.- palialllrty dlll:ribed • lbllowa: A S.00' wide iailily llamc c:rmaina die Caty ofFa• llfOOd Dill:II, die wlla aCSlid '---. 1«-1111 a die illlowins aJUl'IC ... cllllace: . Beat••! .. • a poilll on die Eamy eilat aClbe 2'.00 &,at wide Oly off.najewood Ditdi. wllidl ii~ in Boak S372 • l'IIF 357 ..t Book 12 • l'IIF 7111111 Boak 153 \4 • l'IIF 222 in aid~ C-, a-di, ma wllidl die Saudi One-Qi.-Cffl'lla' of said SeClion 9 tJms Saudi 13• 39' sr Eas ...... of 359.27 lilll: TBINCI .Nonb 89" S2' S3" Wcsadiamce of26.S7 &.I to apoinlon Iba Wemrty eilatofsaid2' lbal wide City aiEnpcwood Dildl. and die l'aillt of T---, ml which die Saudi ()no.Qlaw oonm ofsaid SeClion 9 bms Saudi 17° 42' 11" Eas ...... of 366.52 tild: The sides ofsaid aoaing c:xlrllCiDd md sbonmcd • -.Y, lmllUIDll • limiD ofSlid Caty a(~ DildL Comaining 133 sci-m 0.003 Aaes -or lea. 8-ings :ire i-t on a die Eall linc ofthe SoudlWCll V. ofSecaan 9. TOWlllbill J Saudi. tt.,. 61 Wea. 6dl P .M. being :a 3 \I, alumi1a1111 C111 in,... boal smiped '"22571" a die Saudi \4 C-. and a R / C ,....a ·LS 1120l3. • the Nonhcasl comer of the Soul'-\4 ofdie 5clllllwal \4 ofsaid Scliall 11111. • shown and dlllriled' on PIii of Windermere Equines Subdivision said line bars: Nonh 00-24' 4T W• (.....ad). Pe!cr T. K.:ni Colorado Pl.S No. 31932 NonllScar Consulling Services 1069S W. Devils Head Linleton. CO. 80 I27 303) 204-5628 o.cd: 812&02 Job No. ()*IIO,I PAGE I OF 2 t i I I I I i I I! 2o12 11:. i;;,!l\.!i:"1 fJ!J1I m 1,~ w 'fflla-, ,::~ ·2.'ii' ~ 1t J',& 1!)lltl<all:m, ·~~~ ... ..,~·fl!~ CTi? BLOCK 1 Vl ~DEP.W.:RE: (QUIEE~ !:WB, 215.82 --~---------------·--i BLOC K I JlNDER"1ERE ECUJTI£S SUB. C'ty of Engl.-~ f---/ 83.611 / . i- 131.0• -- I J , • ..... "'. J, u::::: ~~ oc. lll ;, n I! NOTE; 1l11S EXHIBfT DOES NOT REPRESENT A MOHUIIEN1£D l.N«> SURVEY. IT IS INTENOED j ONLY TO DEPICT THE ATTACHED DESCRIPTION . DATE: !3 /26 04 DRAWN BY: OK CHECKED BY . PK Sc:&£. 1 =50' flLE . 0Z2008 ENGLEWOOD CITY DITCI-, -UTIL:TY CROSSING WIDOIERE EaumES SUBDMSIOH 5051 s. WINDEMOI£. um.ETON, co. NORTHSTAR CONSULTING SERVICES 1Qe!l5 w. 0£\lllS HEM) I UTTl.£TON, COLORAOO 80127 (JOJ) 204-5628 I PARCEL NO. PE-2 IXBIBrf"A" TO CROSSING LICENSE FOR CllOS9fG I KEISE PESCBJPDJN City ofEnalcwuod Ditdl A crmsins iailhy line bcillS a pat ofl.ot I, BIia I Wmdlraae Eqai1i1a Subclviliml • .-did la Ila i-* of Clcrtc .t Ramrcler's Office.~ Calay, ColcndD. m-.1 willlia Ila Saalllwa Qaawof Scaioa 9. Tawmbip S Solllb, R-. 61 Wea oftbe Slxdl Principal Mlridlm, ~ Calay, ColcndD. blils- patiadlrty described • illlows: A S.C)O' wide wlily liccmc aouiDa lhe C"aty of Englewood Difdl, Ila =-tine of said Dame beina l«-ed • tbe illlawing coine and~ a a poinl on tbc e..ty cdac oflllll 25.00 mot wido City ofEnpiwood Dildl. wbidl ia ~ in Boat S372 a f'IF 3S7 al Boak 12 a P8F 71 al Boak 153 !4a ..... 222 inllid~~ ._., limn whidl die Soudl ~ oarncr of said Scaioa 9 bas Saud& 19" 52' 59" F.aa adlllaa of3 I l.21 fecl; TH ENCi Nania 89° S2' S3" Wes a dilllnce of27.66 Im ID a poinl on Ila Welllrly NIii ofsaid 25 mot wide City ofEnalewood Dirdl. and die Poiat ofTeraiaa, om which die Soudl ~ comer ofsaid Secuon 91-s Soudl 24• JO' sr F.aa a clillaa of321. 79 k Comainin1 131 sqiare fe«. 0.003 Acres more or lc:sa. Baring, me i-1 on a the East line oflhc Soudlwest !4ofScaioa 9, Towmbip 5 Soudl. R-. 61 Wes. 61b P.M. bei111 a 3 '/,atumuum cap in ranee box~ "22571" a die Soudl v. c-. ad a R / C ,....i-LS #121113" • the Nonheas oorner ofthe s-i-V. oftbe ~ !4 ofsaid s.aiall 11111 • ._. _ dllcribed on Pia of Windcrmae Equines Subdivision said line t..s: Nania 00" 24' 4T We11 (......n. Pacr T. ((.:,w Colcndo PLS No. 31932 NonhSw Coasullin& Services 10695 W. Oevib Head Linlcton. CO. 80127 303) 204-5628 Daacd: &'2&02 Job No. 080804 PAGE I Of2 t r I i i i 1 I l 1 I I . I P'ap2ol2 il '!lti\WIT W 1111 .. ,~ ~ '::i'i:":!!I ;.,, ·J,'4 ~ ,n~ !I> Y·• ~ 111 ta 'JI, !I\J-,.,C. IJl.iiL ''*""~~ u~ .... ~~ L.OT2 BLOCK I IJ!NDERMERE EQU!TlES S"u3 . I as.a , ;· _..., --- Ir' 11 :P S '"' "''. i City or E,,glnood Ditch'-: 1 '====' su:c:t · J/NDEi<lll-:RE EOU!TIE:. SUB. CL 5' CIIOll9tO 12' 53"\I 27.66' 138 sq. rt. t I ... '• ... r NOTE: ntS 0HaT OO€S NOT REPft£SEHT A WOHUIIOl1tD lJINO SUIIIIEY. IT IS IHl'ENOED OM.Y TO DEPICT THE ATTACHED DESCRIPTION. OAT£ 8 /26 /04 ENGLEWOOD CITY DITCH -UTUTY CROSSING ORA~~: PK WMlOt(R( EQUITlES SIJalMSION CHECKED BY: PK 5051 S. ~ Uffl£T'ON. co. SCALE: Ja50' ~ NORTHSTAR CONSULTING SERVICES 1Oll5 •. OCllll.s ICAI) FILE · 022008 UTTIDON , COI.Ol'AOO 80127 (303) 204-5128 I 1 PARCEL NO. PE-3 IXBIBrr"'A• TO CROSSING LICENSE FOR CRQSSlNQ LICENSE DESCRIPTION C'ity ofEapcwood Dltdl A 5.00' wideiailily liame c:rouinatheCityofEnatewood Ditdl, the c:mr:rtincofsaid liceme bcina i-ata the mllowina c:ounc and cbmce: a poinl on Ille e-ty cdF of tbe 25.00 mat wide O&y olE......-Dildi, wbicb it ,-dell in Boat 5372 a Pllae 35'7 and Boat 12 a Pllae 71 ml Boat 153 V. • Pllae 222 in llid Anpllioe Couacy Rm1n11. iom which die Soulb ~ canc:rof Slid Section 9 ba9 Saudi '111" 36' 5r Ea adimnce of307.26 lilel; THINCE Nonb 19° 52' 5:r Wes& adisllace of27.66 feet to a poinl oa die WC!laly edae of said 25 1bat wide C'ity ofEnpcwood OitdL :ind die hial olT-.-. iom which die South One-Qlaw canc:r ofsaid Scction 9 bms Soudl 25° 16' .a:r Ea a dimnce of 31 L26 lilel; C-.inina 131 sqiae fea. 0.003 Aaa more or leu. Beaings are lmecl on a the Ea line of the Soudiwesl l'.ofSeclicm 9. TCMl!lbip j Soudl. Ranee 61 Wat. 6dl P.M. bcinc 11 3 11ralumiiun cap in -.e boll~ '"22571" a die Soulh V. eon.. ada R / C slalped "LS #120&3" a tbc ~ -of Ille Souii-'I, oflbe Soudiwesl '/, olsaid Scction md. • liuwa 111d dllcribed OIi PIil of Windermere Equilics Subdivision said line bms: Nonb 00" 24' ,r Wesr (aamedl. Peu:rT.K.:m Colorado PLS No. 31932 NonhSlar Consullina Scrvic:cs 10695 w. Devils He:ad Littleton. CO. 80 I ::7 303 ) 204-5628 Daicd: 8126102 Job No. 01Kll04 PAGE I Of :! t r,, 0 . ii Allla7-·t,I·---· -· T•1,sa111,-.aa -·• U1 ...., .. -J St ........... Be l . D2Jl'i!ES Slla 1 .: • a.!f~ ... .. O.ftlf -... ,., -~··· i ' I;; il I I . -~ ' I 111 Ill . r·1 ;· .. i -:; > ... • ! . _. w-~ ' I .. ; 2 · s· ill i •• > NII& -... -NIii'.......,. IOI 11D UIII ,_..,. • • - CIIU lit -.er N AITIIDCI WWW .... ENGLEWOOO CITY DITCH -UTILITY CROSSING ----................ t·:''. C 0 . COUNCIL COMMUNICATION Date: Agenda Item: Subject October 18, 2004 11 a i Bill for an ordinance authorizing the issuance of bonds for various Water Fund Capital Projects Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has discussed this issue along with the issue of proposed rate increases at a number of meetings, including the budget workshop held on September 25, 2004. The City received citizen approval to issue $15,100,000 of general obligation bonds at the election held November 4, 1997. The City never used this authorization because it was less expensive to borrow funds through the Colorado Resources and Power Development Authority. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance authorizing the issuance of 3,075,000 in general obligation bonds . BACkGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED The City of Englewood Charter requires a majority affirmative vote of the registered electors to issue general obligation debt (Article X. Part Ill, Section 104). The registered voters approved issuance of $15 .1 million in general obligation bonds for the purchase or construction of Water System improvements and equipment. The bonds will be issued in 2004 to take adva ntage of #ba nk qualified# provisions in the federal tax code. While not required for the issuance of these bonds, proposed water rate increases are expected to cover the debt service of these bonds. FINANCIAL IMPACT This action hould not ha ea direct impact on the City's financial condition, as water revenues are e pected to pay for debt service on this issue. A separate levy could be assessed to property O\\ ners if Water Fund revenues were inadequa te t o cover required debt service. LIST OF ATTACHMENTS Proposed bill for an ordinance. C ORDCNANCE NO. SERIES OF 2004 0 BY AUTHORITY CNTRODUCED BY COUNC1L MEMlmR _____ _ POR AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF Ol!NERAL OBLIGATION BONDS, SERIES 2004, TO FINANCE THE CONSTRUCTION OF , IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND AUTHORIZING THE LEVY OF PROPERTY TAXES, IF NECESSARY, TO PAY SUCH BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION TIIEREWITH; AND APPROVING DOCUMENTS RELATING TO THE BONDS. WHEREAS , the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Anicle XX of the Constitution of the State of Colorado and the Chaner of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set fonh in Section I of this Ordinance); and WHEREAS, pursuant to Section 104 of the City Chaner, the City is authorized to issue general obligation bonds for any public capital purpose, subject to obtaining voter approval of a ballot question authorizing such bonds; and WHEREAS, at an election on November 4, 1997, the following ballot question (the "Ballot Question") was approved by a majority of the eligible electors of the City voting on the Ballot Question: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $15,100,000.00 WITH A REPAYMENT COST OF $25 ,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED Sl ,300,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURPOSE OF FINAN C ING THE C ONSTRUCTION OF IMPROVEMENTS TO THE CITY'S W ATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT CNCLUDING ALL EC ESSARY A D APPURTENANT FACILITIES, BY THE ISSUANCE AND PAYMENT OF GE ERAL OBLIGATION BONDS PAYABLE FROM SUCH CITY FEES, TAXES OR OTHER R EVE UE S AS TH E C ITY COUNClL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO R EDEMPTIO , WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXJMUM I TER EST RA T E, DAT ED AN D SOLD AT SUCH TIME OR TIMES AT SUCH PRICES (AT, ABO E, O R BELOW PA R) AN D IN SUCH MA NNER AN D CO NTAINING SUCH TERMS NOT h CONSISTE T HEREW IT H, AS TH E C ITY CO UNC IL MAY DETE RMIN E, WHI C H AUTIIORIZATIO SHALL I CLUDE AUTHORIZATION T O REFU N D SUCH BONDS WITHOUT DDITIO, AL VOTER APPROVAL; AND lN CO NNECTION THEREWITH IF DETERMlNED BY HIE CITY CO CIL (I) S HALL T HE C ITY'S AD VALOR.EM PROPERTY TAXES B E IN REASE D h ANY YEAR IN AN AMOUN T SUFFIC IENT TO PAY THE PRINC IPAL OF, PREM IUM, IF AN Y , A D INT ER ES T O N SUCH BONDS WHEN DUE, WITHOUT LIMITATION A TO RATE O R AMOUN T OR AN Y OTHER CO NDITION, AND (II) SHALL THE REVENUES FROM UC H TAXES AN D ANY EA RNIN GS THEREON A ND FROM THE INVESTMENT OF THE PR EED OF H BON DS CO STI TUTE A VOTER-APPROVED REVENUE CHANGE? IIERE , he Council has not previously issued d e bt pursuant to such voter a uthorizatio n and has determined that it 1s in the be t in te rests of th e Ci ty and its residents to issue $3,075,000 in princi pal o:-1865 5 I amount of general obligation bonds at this time for the purpose of financing the construction of improvements to the City's water system; and WHEREAS, on the date of issuance of the Series 2004 Bonds, the amount of bonded indebtedness will not exceed 3% of the latest actual valuation for assessment of the City; and WHEREAS, the issuance of general obligation bonds by the City secured from a pledge to levy property taxes, if necessary, results in the lowest borrowing cost to the City, such obligation can be repaid from other legally available moneys of the City and the Council intends to use revenues from the operation of the City's water system to repay the Bonds; and WHEREAS, the City has been presented with a proposed form of agreement from George K. Baum & Company, of Denver, Colorado, for the purchase of the Bonds upon specified terms and conditions and, after consideration, the Council has determined that the negotiated sale of the Bonds to said firm is to the best advantage of the City; and WHEREAS, the City Council desires to authorize the issuance and sale of the Bonds and, as provided in Title 11, Article 57, Part 2, C .R.S., delegate authority to the Sale Delegate to make certain determinations regarding the Bonds to be set forth in the Sale Certificate in accordance with the provisions of this Ordinanc-e; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section I. Definitions . The following terms shall have the following meanings as used in this Ordinance: Act" means Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended, or any successor statutes thereto. Ballot Question" means the ballot question approved by City voters quoted and defined a such in the preambles hereto. Bond Account" means the account established by the provisions hereof to account for the moneys for which a separate tax levy is made, or legally available moneys are applied, to satisfy the obligations of the Bonds. The Bond Account shall be a subsidiary account of the appropriate fund or account of the City and separately accounted for by the City in accordance with the provisions hereof. Bond Co un se f' means (a) as o f the date of issuance of the Bonds, Kutalt Rock LLP, and (b) as of any other da te , Ku lak Rock LLP or such other attorneys selected by the City with nationally recogniud experti se in the issuance of municipal bonds. Bond Insurance Poli cy" means the municipal bond insurance policy issued by the Bond Insurer, if any, insuring the payment when due of the principal of and interest on the Bonds as provided therein. Bond Ins urer" means entity, if any, designated in the Sale Certificate which is to issue the Bond In surance Po licy . Bond Obligation" means, as of any date, the principal amount of the Bonds Outstandin& as of suc h date . 2 Bond Purchase Agreement' means the Bond Purchase Agreement, pursuant to which the City is to agree to sell and the Underwriter is to agree to purchase the Bonds at the prices and on the terms set forth therein . Bonds" and "Series 2004 Bonds" means the Bonds authorized by the Section hereof titled Authorization and Purpose of Bonds." Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. Charter" means the home rule Charter of the City. City" means the City of Englewood, Colorado, and any successor thereto. Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context clearly requires otherwise. Commitment'' means that certain offer, if any, to issue the Bond Insurance Policy issued by the Bond Insurer. Councif' means the City Council of the City. County" means Arapahoe County, Colorado. Dated Date" means the original dated date for the Bonds as established in the Sale Certificate. Defeasance Securities" means bills, certificates of indebtedness, notes, bonds or similar securities which ;lfe direct, non callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to the extent such invesunents are Permitted Investments. DTC" means The Depository Trust Company, New York, New York, and its successors in interest and assigns. DTC Blanket Letter of Representations" means the letter of representations from the City to OTC to induce OTC to act as securities depository for the Bonds. Event of Default" means any of the events specified in the Section hereof titled "Events of Default ." Int erest Payment Date" means the dates established in the Sale Certificate for the payment of interest on the Bonds. Official Statement'' means the final Official Statement relating to the Bonds. Oi,tstanding" means, as of any date, all Bonds issued and delivered by the City, except the following : a) any Bond cancelled by the City or the Paying Agent, or otherwise on the City's behalf, at or before such date; 02 ·1 65 5 I 3 I t b) any Bond held by or on behalf of the City; c) any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the principal of, premium, if any, and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in trust for such purpose in accordance with the Section hereof titled Defeasance"; and d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered. Owner" means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. Paying Agent" means American National Bank, in Denver, Colorado, and its successors in interest or assigns approved by the City. Paying Agent Agreement" means an agreement between the City and the Paying Agent concerning the duties and obligations of the Paying Agent with respect to the Bonds. Permitted Investments" means any investment in which funds of the City may be invested under the Charter and the laws of the State at the time of such investment. Person" means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. Preliminary Official Statement" means the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. Principal Payment Date" means the date or dates established in the Sale Certificate for the payment of principal of the Bonds. Project" means any purpose for which proceeds ·of the Bonds may be expended under the Act and the Ballot Question, including, but not limited to, the payment of costs of issuance of the Bonds. Project Account" means the account established by the provisions hereof for the purpose of paying the costs properly attributable to the Project. The Project Account shall be a subsidiary account of the appropriate fund or account of the City , and separately accounted for by the City in accordance with the provi sions hereof. Record Date" means, if the Interest Payment Date is on the first day of the month, the fifteenth day of the month immediately preceding the month (whether .i r not such day is a Business Day) in which such Inte rest Paymeut Date occurs and, if the Interest Payment Date is on the fifteenth day of the month, the first day of the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs. Ordinance" means this Ordinance, including any amendments or supplements hereto. Sale Certificate" means the certificate executed by the Sale Delegate under the authority delegated pursuant to this Ordinance , including but not limited to the Sections hereof titled "Bond 02 °1865 5 I 4 · C Details," "Redemption of Bonds Prior to Maturity", "Approval of Related Documents" and "Bond Insurance Determination" which set forth, among other things, the rate of interest on the Bonds, the conditions on which and the prices at which the Bonds may be redeemed before maturity, the price at which the Bonds will be sold, the Dated Date, the amount of principal maturing in any particular year, the dates on which principal and interest will be paid, whether or not the Bonds will be secured by the Bond Insurance Policy and the terms of any agreement with the Bond Insurer if a Commitment is accepted regarding the Bonds. Sale Delegate" means the Director of Finance and Administrative Services of the City or, in the event such person is unavailable, the City Manager. State" means the State of Colorado. Tax Letter of Instructions" means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in accordance with their terms. Underwriter" means George K. Baum & Company, Denver, Colorado. Section 2. Authorization and Purpose of Bonds . Pursuant to and in accordance with the Act, the Charter and the Ballot Question, the City hereby authorizes, and directs that there shall be issued, the City of Englewood, Colorado, General Obligation Bonds, Series 2004," in the aggregate original principal amount of $3,075,000 for the purpose of providing funds for the Project. Section 3. Bond Details. a) Registered Form, Denominlllions, D11ted Date •nd N11mkring. The Bonds shall be issued in fully registered form, shall be dated as of the Dated Date, and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter "R." b) M11111rily Dllles, Priltciplll A111011nts ""' Inunst Rlltn. The Bonds shall mature on the Principal Payment Date of the years and in the principal amounts, and shall bear interest at tho: rates per annum (calculated based on a 360-day year of twelve 30-day months) set forth in the Sale Certificate. The Council hereby delegates to the Sale Delegate the authority to determine the Dated Date , the price at which the Bonds will be sold, the principal amount of Bonds maturing in any particular year and the rate of interest on the Bonds. c) Accr1111l 11nd D11tes of P11y111ent of Interest. Interest on the Bonds shall accrue at the rates set forth in the Sale Certificate from the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. d) M11nner 11nd For• of P11y111e11t . Principal of each Bond shall be payable to the Ow1for thereof upon presentation and surrender of such Bond at the principal offke of the Paying Agenl in the city identified in the definition of Paying Agent in the Section hereof titled Definition " or al such other office of the Paying Agent designated by the Paying Agent for such purpose . Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on ca h Interest Payment Date to the Owner thereof as of the close of business on the com:sponding 0~-1 bS SI 5 C 0 Record Date; provided that interest payable to any Owner may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. e) Book-Entry Registrotion . Notwithstanding any other provision hereof, the Bonds shall be delivered only in book entry form registered in the name of Cede & Co., as nominee of DTC, acting as securities depository of the Bonds and principal of and interest on the Bonds shall be paid by wire transfer to DTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that DTC is no longer able to act as, or is no longer satisfactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for OTC and reregister the Bonds as directed by such substitute securities depository; or (ii) terminate the book entry registration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DTC. Neither the City nor the Paying Agent shall have any liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds arc reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Person for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (8) any action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds arc reregistered. Section 4.' Redemption of Bonds Prior to Maturity. a) Optionol Redemption . The Bonds shall be subject to redemption at the option of the City, in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dates as set forth in the Sale Certificate. The Council hereby delegates to the Sale Delegate the authority to determine the dates on which the Bonds shall be subject to optional redemption and the redemption price or prices at which such redemption may be made. b) Mondotory Sinking Fund Rede•ption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on the Principal Payment Date of the years and in the principal amounts specified in the Sale Certificate, at a redemption pri c e equa l to the principal amount thereof (with no redemption premium), plus accrued interest to th e rede mpti on date . The Council hereby delegates to the Sale Delegate the authority to de te rm in e th e pr inc ipal amounts a nd dates on which the Bonds shall be subject to mandatory sinking fu nd redemption . c) Redemption Procedures . Notice of any redemption of Bonds shall be given by the Payi ng Agent in th e name of the C ity by sending a copy of such notice by first class, postage pre pai d ma il , not more than 60 days nor less than 30 days prior to the redemption date, to the O wn er o f each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date . If any Bond shall h ave been duly called for redemption and if, on or before the redemption date, there shall have bee n d e posited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redempti on pri ce of such Bond on the redemption date , then such Bond shall become Jue and payable at suc h redemption d ate , and from and after such date interest will cease to accrue thereon . Failure to de liver any redemption notice or any de fec t in an y redemption notice shall not 02 -1 6S SI 6 0 affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled . Section 5. Security for the Bonds . a) General Obligations. The Bonds shall be general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. The Bonds shall not constitute a debt or indebtedness of the County, the State or any political subdivision of the State other than the City. b) Levy of Ad Valorem Taxes. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council shall annually determine and certify to the Board of County Commissioners of the County, a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal of and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. c) Application of Proceeds of Ad Valorem Taxes . The general ad valorem taxes levied pursuant to subsection (b) of this Section, when collected, shall be deposited in the Bond Account and shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds, including principal and interest, are fully paid, satisfied and discharged . d) Appropriation and Budgeting of Proceeds of Ad V11lorem T,vus. Moneys received from the general ad valorem taxes levied pursuant to subsection (b) of this Section in an amount sufficient to pay the principal of and interest on the Bonds when due, respectively, are hereby appropriated for that purpose, and all amounts required to pay the principal of and interest on the Bonds due, respectively, in each year shall be included in the annual budget and appropriation ordinance to be adopted and passed by the Council for such year. e) Use or AdV11nce of Otl,er Leg11lly AV11U11ble Mo11eys. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available moneys from the operation of its water system to pay all or any portion of the principal of or interest on the Bonds. If and to the extent such other legally available moneys are used to pay the principal of or interest on the Bonds, the City may , but shall not be required to, (i) reduce the amount of taxes levied for such purpose purs uant to subsection (b) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (b) of this Section to reimburse the fund or account from which such other legally available moneys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or interest on the Bonds . If the City selects alternative (ii) in the immediately preceding sentence , the taxes levied pursuant to subsection (b) of this Section shall include amounts sufficient to fund the reimbursement. t) Certification to Co1111ty Co•11lissio11en . It is hereby declared that, if the City does not otherwise determine and certify to the Board of County Commissioners of the County a rate of levy for general ad valorem property taxes as required by subsection (b) of this Section , the foregoing provisions of this Section shall constitute a certificate from the Council to the Board of County Commissioners of the County showing the aggregate amount of ad valorem taxes to be levied by the Board of County Commi sioners of the County from time to time, as required by law, for the purpose of paying the principal of and interest on the Bonds when due. 02 I '1 7 0 nI I ~ j 0 . g) Deposit ofMoneys to Pay Bonds with, and Payment ofBonds by Paying Agent. No later than three Business Days immediately preceding each date on which a payment of principal of or interest on the Bonds is due, the City, from moneys in the Bond Account, shall deposit moneys with the Paying Agent in an amount sufficient to pay the principal of and interest on the Bonds due on such date. The Paying Agent shall use the moneys so deposited with it to pay the principal of and interest on the Bonds when due. Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Appendix A hereto with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds arc hereby approved and adopted as the covenants, statements, representations and agreements of the City. Although attached as appendices for the convenience of the reader, Appendix A is an integral part of this Ordinance and are incorporated herein as if set forth in full in the body of this Ordinance. Section 7. Eucutioo of Bonda . The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor, shall bear a manual or facsimile of tbc seal of the City and shall be attested by the manual or facsimile signature of the City Cleric of the Council, all of whom are hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. When the Bonds have been duly executed, tbc officers of tbc City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be se c ured by or titled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the cenificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed cenificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond bas been properly a uthenticated and delivered hereunder. Section 8. Temporary Roads. Until Bonds in definitive form are ready for delivery, tbc City may execute, and upon the request of the City, the Paying Agent shall autbcnticatc and deliver, subject to th e provisions, limitations and conditions set forth herein, one or more Bonds in temporary form, whether printed , typewritten, lithographed or otherwise produced, substantially in the forms of the definitive Bo nds, with appropria te omissions, variations and insertions, and in authorized denominations. Until e ha nged for Bonds in de finit ive form , s uch Bonds in temporary form shall be entitled to tbc benefits and security o f thi s Ordinance . Upon the presenta ti on and s uncnder of any Bond in temporary form, tbc C ity sha ll , witho ut unreasona ble de lay, prepare, execut e and deliver to the Paying Agent and tbc Pay ing Agent sha ll a uth en ti cate a nd deli ver, in e xc hange th e re for , a Bond or Bonds o f the same series in definitive form . 'uc h exc hange sha ll be made by the Paying Agent without making any charge therefor to the re gistered owner of s uc h Bond in temporary fo rm. Section 9. Registration of Bonds lo Registratio• Books Maiataiaed b)' Payi•c Aceat. The Pay ing Agent sha ll mai nt ain registration books in whic h the ownership, transfer and u c bange of Bonds hall be recorded . The person in whose name any Bond hall be registered on such re gistration book shall be deemed to be the a b lute owner there of for all purposes, whether or DOI payment on any Bond shall be o~crdue , and neit her the C ity no r the Paying Agent shall be affected by any notice or other information to the cont ra ry . S ection 10. Traasfu aad E1tbaa1e of Boada. The Bonds may be transfened or cxcbana ed at the pnn ipal o ffi e o f the Paying Agent in the city identifi ed in tbc definit ion of Paying Agast in tbc 0:.1 5 I 8 0 Section hereof titled "Definitions" or at such other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate, upon payment by the transferee of a reasonable transfer fee established by the Paying Agent, together with any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith . Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer any Bond (i) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (ii) between the Record Date for any Interest Payment Date and such Interest Payment Date. Section 11. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the Paying Agent), (b) proof of loss, destruction or theft, ( c) an indemnity to the City and the Paying Agent with respect to ti;,: Bond lost, destroyed or taken, and ( d) payment of the cost of preparing and executing the new Bond. Section 12. Creation of Accounts; Initial Credits to Accounts. a) Creation of Acco11nts. There is hereby established the Bond Account and the Project Account. The foregoing accounts shall be maintained by the City in accordance with the provisions of this Ordinance. b) lnilu,I Credits to Acco11nts. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to, or as directed by, the Underwriter and the proceeds received by the City from the sale of the Bonds shall be applied as a supplemental appropriation by the City, as follows: i) to the Bond Account, the accrued interest on the Bonds from the dated date thereof to the date of issuance, if any; and ii) to the Project Account, th 1aining proceeds of the Bonds. Section 13. Investments. Proceeds of the Boncb __ .livered to the City punuant to the Section hereof titled "Creation of Accounts; Initial Credits to Accounts," moneys on deposit in the Bond Account and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted In ves tments , provided that the investment of such moneys shall be subject to any applicable restrictions set fonh in the Tax Lener of Instructions and in the "Tax Compliance Certificate" or similar certificate delivered by the City in connection with the issuance of the Bonds that describes the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project. Section 14. Various Findings, Determinations, Dedarationa aad Covenaata. The Council, hav ing been fully informed of and ha~ing considered all the pertinent facts and cin:urnstanccs, hereby find s, det ermine s, declares and covenants with the Owners of the Bonds that : a) voter approval of the Ballot Question was obtained in accordance with all appli cable pro visions of law ; O:·l'B 5 5 I 9 t b) it is in the best interest of the City and its residents that the Bonds be authorized, sold, issued and delivered at the time, in the manner and for the purposes provided in this Ordinance; c) the issuance of the Bonds will not cause the City to exceed its debt limit under applicable State law; d) the DTC Blanket Letter of Representations to be entered into with DTC will govern the book entry registration system for the Bonds; and e) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Charter, the Constitution and laws of the State, including the Act and the Ballot Question, and all conditions and limitations of the Charter, the Act, the Ballot Question and other applicable law relating to the issuance of the Bonds have been satisfied. Section 15. Federal Income Tu Covenants. For purposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby covenants that : a) Proltlbilu Actio11s. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes . b) Afll,,,..ilve Actu111s. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law . In panicular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary : (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code; (ii) the Bonds are not and will not become directly or indirectly federally guaranteed"; and (iii) the City will timely file an Internal Revenue Service Form 8038 G with respect to the Bonds, which shall contain the infonnation required to be filed pursuant to Section 149(e) of the Code. c) TtlX Lm~r of l11str11ctions . The City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Bonds, including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the use of the Project, the calculations, the deposits, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that, in the event the Tax Letter of Instructions arc superseded or amended by new Tax Letter of Instructions drafted by , and accompanied by an o pin ion of, Bond Counsel stating that the use of the new Tu Letter of Instructions will not cause the interest on the Bonds to become includiblc in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of In struction . 10 0 d) Designation of Bonds as Q"alifled Tax Exe,,,pt Obligations. The City hereby designates the Bonds as qualified tax exempt obligations within the meaning of Section 265(bX3) of the Code . The City covenants that the aggregate face amount of all tax exempt governmental obligations defined in Section 141 of the Code or qualified 501(cX3) bonds defined in Section 145 of the Code issued by the City , together with governmental entities which derive their issuing authority from the City or are subject to substantial control by the City, are not expected to be more than $10,000,000 during calendar year 2004. The City recognizes that such tax exempt obligations include notes, leases, loans and warrants , as well as bonds . The City further recognizes that any bank, thrift institution or other financial institution that owns the Bonds will rely on the City's designation of the Bonds as qualified tax exempt obligations for the purpose of avoiding the loss of I 00% of any otherwise available interest deduction attributable to such institution's tax exempt holdings . Section 16. Defeasance. Any Bond shall not be deemed to be Outstanding hereunder if it shall have been paid and cancelled or if Defeasance Securities shall have been deposited in trust for the payment thereof ( whether upon or prior to the maturity of such Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of redemption as required by this Ordinance, or such notice shall have been given in accordance with this Ordinance). In computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance Securities. If less than all the Bonds are to be defeased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. Notwithstanding anything herein to the contrary, in the event that the Bond Insurance Policy is issued and principal and/or interest due on the Bonds is paid by the Bond Insurer pursuant to the Bond Insurance Policy, the Bonds shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the City, and all covenants, agreements and other obligations of the City to the Owners shall continue to exist and shall run to the benefit of the Bond Insurer, and the Bond Insurer shall be subrogated to the rights of such Owners . Section 17. Events ofDefHlt. Each of the following events constitutes an Event of Default: a) Not1,-y•eld of Priltd/MJ or l11tnnt. Failure to make any payment of principal of or interest on the Bonds when due . b) Breacl, or No11,wrfor•a11ce of D"ties. Breach by the City of any material cove nant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation pf such breach or failure for a period of 60 days after receipt by the City u omey of wrinen notice thereof from the Paying Agent or from the Owner.; of at least 100/o of ihe aggregate amount of the Bond Obligation, provi ded that such 60-day period shall be exte nded so long as the City has commenced and continues a good faith effort to remedy such breach or fai lure. c) Bankr"ptcy or Recei11ersl,ip . An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of a ll or any material portion of the City's assets or revenues is entered with the consent or acq uiesce nce of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within 30 days after it is entered. 01l6S5l 11 Section 18. Remedies for Events of Default. a) Remedies . Upon the occurrence and continuance of any Event of Default, the Owners of not less than 25% of the aggregate amount of the Bond Obligation, including, without limitation, a trustee or trustees therefor may proceed against the City to protect and to enforce the rights of the any Owners under this Ordinance by mandamus, injunction or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction: (i) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interest rate borne by such Bond; (ii) for the specific performance of any covenant contained herein; iii) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond; iv) for any other proper legal or equitable remedy; or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of Bonds then Outstanding. b) Failure To Pursue Re-'ia Not• RelMIM; lli6la Cu•ullltit1e. The failure of any Owner of any Outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance. Each right or privilege of any such Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege, and the exe c ise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege of such Owner. c) Bond Insurer Tllird-P•rty Beneflcillry; Rlgllt To Conll'OI Reauk,. In the event that the Bond Insurance Policy is issued and to the extent that this Ordinance confers upon or gives or grants to the Bond Insurer any right, remedy or claim under or by reason of this Ordinance, the Bond Insurer is hereby explicitly recognized as being a third party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Upon the occurrence and continuance of an Event of Default, so long as it is not in default of its obligations under the Bond Insurance PQlicy, the Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Owners under this Ordinance and pursuant to State law. Section 19. Amendment of Ordinance. a) A•end•ents Peraltted Widiout Nodtt to or Co111e11t •I Ow.ns. The City may , wi thout the consent of or notice to the Owners of the Bonds, adopt one or more ordinances a me nding or s upple menting this Ordinance (which ordinances shall thereafter become a part hereof) for a ny one or more or all of the following purposes : 02 -1865 5 1 i) to cure any ambiguity or to cure, correct or supplement any defect or incons istent provision of this Ordinance; ii) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; iii) to institute or terminate a book entry registration system for the Bonds or to fa c ilitate the designation of a substitute securities depository with respect to such a system ; 12 C iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or v) to make any other change that does not materially adversely affect the Owners of the Bonds. b) Amendments Requiring Notice to and Consent of Owners. Except for amendments permitted by subsection (a) of this Section, this Ordinance may only be amended i) by a ordinance of the City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a part hereof); and (ii) with the written consent of the Owners of at least 66-2/3% of the Bond Obligation; provided that any amendment that makes any of the following changes with respect to any Bond shall not be effective without the written consent of the Owner of such Bond: (A) a change in the maturity of such Bond; (B) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such Bond; (D) a delay in the payment of principal of or interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F) the establishment of a priority or preference for the payment of any amount due with respect to any other Bond over such Bond. c) Procedure for Notifying and Obtaining Conse11t of Owners. Whenever the consent of an Owner or Owners of Bonds is required under subsection (b) of this Section, the City shall mail a notice to such Owner or Owners at their addresses as set forth in the registration books maintained by the Paying Agent and to the Underwriter, which notice shall briefly describe the proposed amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any consent of any Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of 60 days after it is delivered to the City unless another time period is stated for such purpose in the notice mailed pursuant to thi_s subsection. d) Co11u11t ofthe Bontl /11surer i11 Atltlitio11 to Co11selll of Ow11en . In the event that the Bond Insurance Policy is issued, the Bond Insurer's consent shall be required in addition to the consent of Owners, when requ~ for the following purposes: (i) execution and delivery of any supplemental Ordinance or any amendment, supplement or change to or modification of this Ordinance; (ii) removal of the Paying Agent and selection and appointment of a successor; and iii) initiation or approval of any action not described in clause (i) or (ii) above which requires the consent of Owners. Section 20. Appointment and Duties or Paylllc Aceat. The Paying Agent identified in the Section hereof titled "Definitions" is hereby appointed as paying agent, registrar and authenticating agent for the Bond unles and until the City remove it as such and appoints a successor Paying Agent, in which event uch succe sor hall automaticall y ucceed to the duties of the Paying Agent hereunder and its predeces or shall immediately tum over all its records regarding the Bonds to such successor. The Pay ing Agent shall gree to perform all duties and to take all actions assigned to it hereunder in a cordan e with the terms hereof. Section 21. Approval or Rtlattd D«umeats. The Council hereby ratifies and approves the distribution and u e in nne tion with the offering of the Bonds~ of the Preliminary Official Statement relating to the Bond ; authorizes and directs the preparation of, and authorizes and directs the execution by the Ma;or of an Official tah:men1 for use in connection with the sale of the Bonds in substantially the fom1 of the Preliminary Offi ial I t mcnt, with such changes therein, if any, DOI inconsistent herewith, a re appro ed b the 1ayor (w hose ignature thereon hall con 111u1e conclusi e evidence of uch 2-1 S • I 13 t 0 0 approval); and for a period oi' sixty days following the adoption of this Ordinance, the Sale Delegate is authorized to execute the the Commitment, if any, the Sale Certificate and the Bond Purchase Agreement. The appropriate officers and officials of the City arc hereby authorized and directed to execute an undertaki11g to facilitate compliance with Securities and Exchange Commission Rule I 5c2-l 2 ( 17 C .F .R. 240.15c2-12), the DTC Blanket Letter of Representations, the Paying Agent Agreement, a "Tax Compliance Certificate" or similar certificate describing the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project, an Internal Revenue Service Form 8038-G with respect to the Bonds and all other documents and certificates necessary or desirable to effectuate the issuance or administration of the Bonds, the investment of proceeds of the Bonds and the transactions contemplated hereby. Section 22.Bond Insurance Determination. The Council hereby delegates to the Sale Delegate the authority to determine whether or not the Bonds will be secured by the Bond Insurance Policy and the terms of any agreement with the Bond Insurer if a Commitment is accepted regarding the Bonds. Such determination shall be made by the Sale Delegate on a basis of whether or not an interest cost savings can be realized by the City through the issuance of the Bond Insurance Policy when compared to the premium to be paid to the Bond Insurer for the issuance of the Bond Insurance Policy. Section 23. Events Occurring on Days That Are Not Business Days . Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 24. Limitation of Actions. In accordance with Section 11-57-212, Colorado Revised Statutes, no legal or equitable action can be brought with respect to any legislative acts or proceedings in connection with the authorization of the Bonds more than 30 days after the authorization of such securities. Section 25.0rdlnance Is Contract with Owners of Bond, and lrrepealable. After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein . Section 26. Headings . The headings to the various sections and subsections to 'this Ordinance have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 27. Severablllty. It is hereby expressly declared that all ·provisions hereof and their a pplica tion are intended to be and are severable. In order to implement such intent, if any provision h e reof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other pro vi sion hereof or the application of the provision in question to any other situation; and if any provision hereof or the a pplication thereof is determined by a court or administrative body to be valid or enforcea ble only if its application is limited, its application shall be limited as required to most fully implement it s purpose . 02 -1 65 5 I 14 Section 28.Repeal of Inconsistent Ordinances, Resolatlon1, Bylaws, Rales and Orden. All ordinances, resolutions, bylaws, rules and orders, or parts thereof, that are inconsistent wit.h or in conflict with this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. I Section 29. Ratlflcadon of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance, the Act or the Ballot Question) by the Council or by the officers and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. Section 30. Effective Date. This Ordinance shall become effective thirty days after publication following final passage. Introduced, read in full, and passed oo first reading on the 18th day of October, 2004. Published as a Bill for an Ordinance on the 22nd day of October, 2004. Douglas G~ Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk ofthe City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed OD first reading OD the 18th day of October, 2004. · Loucrishia A. Ellis 02-l86S8S I IS 0 No.R Interest Rate REGISTERED OWNER: APPENDIX A FORM OF BOND UNITED STATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION BOND SERIES 2004 Maturity Date Original Dated Date Cede&Co. Tax Identification Number: 13 2555 I I 9 PRINCIPAL SUM :•• DOLLARS•• 0 n· CUSIP The City of Englewood, Colorado, a duly organized and validly existing home-rule municipality of the State of Colorado, for value received, hereby promises to pay to the order of the registered owner named above, or registered assigns. the principal sum stated above on the maturity date stated above, with interest on such principal sum from the original dated date. stated above at the interest rate per annum stated above (calculated based on a 360-day year of twelve 30-day months), payable on and of each year, commencing . Capitalized terms used but not defined in this bond shall have the meaning assigned to them in the Ordinance of the City authorizing the issuance of the Bonds. The principal of and interest on this bond is payable to the registered owner hereof upon presentation and surrender of this bond at the principal operations office of American National Bank, as paying agent, in Denver, Colorado, or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on this bond is payable by check or draft of the Paying Agent mailed on the Interest Pay ment Date to the registered owner hereof as of the [fifteenth day of the month immediately preceding] [first day of] the month (whether or not such day is a Business Day) in which the Interest Payment Date occurs; provided that , interest payable to the registered owner of this bond may be paid by any other means agreed to by such registered owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance; provided further, that, so long as Cede & Co. is the registered owner of this bond , the principal of and interest on this bond shall be paid by wire transfer to Cede & Co . Any payment of principal of or interest on this bond that is due on a day that is not a Business Day shall be made on the next succeeding day that is a Business Day with the same effect as if made on the day on which it was originally scheduled to be made. All payments of principal of and interest on this bond shall be made in lawful money of the United States of America. OZ-186585 .1 C 0 0 0 This bond is part of an issue of general obligation bonds of the City designated the City of Englewood, Colorado, General Obligation Bonds, Series 2004, issued in the principal amount of 3,075,000 (the "Bonds"). The Bonds have been issued pursuant to, under the authority of, and in full conformity with, the Charter, the Constitution and the laws of the State, including, in particular, Part 2 of Article 57 of Title 11 , as amended (collectively, the "Act"); pursuant to authorization by a majority of the registered electors of the City voting in an election duly called and held on November 4 , 1997; and pursuant to a ordinance adopted by the City Council of the City. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE CITY . THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The Bonds have been issued by the City for the purpose of providing funds for the Project described in the Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council in the Ordinance has covenanted annually, to the extent legally available moneys are not otherwise applied, to determine and certify to the Board of County Commissioners of Arapahoe County, a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal of and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. The redemption provisions from Section 4 of the Ordinance and the Sale Certificate shall be set forth herein.] Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by first class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the nwnt;,er or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date , then such Bond shall become due and payable at s uch redemption date , and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redee med prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled . The Pay in g Ag ent sha ll m a intain registration books in whic h the ownership, trans fer and exchange o f Bonds sha ll be record ed . The person in whose name this bond shall be registered on s uch registration bo oks shall be de emed to be the absolute owner hereof for all purposes, whether or not payment on thi s bo nd shall be overdue , and neither the City nor the Paying Agent shall be affected by any not ice o r other information to the contra ry . Thi s bond may be transferred or exchanged at the principal o ffi ce o f th e Pay ing Agent in De nver, Colorado, or at such other office of the Paying Agent designated by th e Payin g Age nt for such purpose for a like aggregate principal amount of Bonds of other authorized de nomi nat ion s ($5,000 or any integral multiple thereof) of the same maturity and interest rate, upon µay me nt by th e transfer e e of a reasonable transfer fee established by the Paying Agent, together with any tax o r governm ental charge required to be paid with res pect to such transfer or exchange and any cost of print ing bonds in connec t ion the rewith. Notwithstanding any other provision of the Ordinance , the Pay in g Age nt sha ll not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between th e Busin ess Day immediately preceding th e mailing of the notice of redemption and 02-t86S 5 I A-2 C. the redemption date; or (b) between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or supplemented from time to time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified that all conditions, acts and things required by the Charter, the Constitution and laws of the State, including the Act, and the ordinances of the City, to exist, to happen and to be performed, prec:dent to and in the issuance of this bond, exist, have happened and have been performed, and that neither this bond nor the other bonds of the issue of which this bond is a part exceed any limitations prescribed by the Charter, the Constitution or laws of the State, including the Act, or the ordinances of the City. This bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. 02 -186585.1 A-3 IN WITNESS WHEREOF, the City Council of the City has caused this bond to be executed with the signature of its Mayor and attested by the signature of its City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date set forth below. THE CITY OF ENGLEWOOD CITY SEAL] BY---------------~ Mayor Attest: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the issue described in the within mentioned Ordinance. Dated:----------- AMERICAN NATIONAL BANK, as Paying Agent BY---------------~ Authorized Signatory STATEMENT OF INSURANCE Statement of bond insurance required by the Commitment, if any.] 02 -1 65 5 I A-4 APPROVING LEGAL OPINION Set forth below is a true copy of the approving legal opinion ofKutak Rock LLP, delivered on the date on which the Bonds were originally issued : The form of legal opinion of Bond Counsel shall be set forth here.] I, the undersigned City Clerk of the City of Englewood, Colorado, do hereby certify that the foregoing approving opinion of Kutak Rock LLP, Denver, Colorado, is a true and complete copy of a manually executed and dated copy thereof on file in the official records of the City. By <facsimile signature} City Clerk ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto Please print or typewrite name and address of Transferee) Tax Identification or Social Security No.) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the boob kept for registration thereof, with full power of substitution in the premises. Dated:------------ Signature Guaranteed : Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. NOTICE: The signature to this usignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED 02 -1865 SI A-5 C Date: October 18, 2004 Initiated By: COUNCIL COMMUNICATION Agenda Item: 11 a ii Subject: Bill for an ordinance approving a refunding of the Marks Apartments Variable Rate Demand Multifamily Housing Revenue Bonds, Series B of 1985 Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has supported the construction of affordable housing in the City of Englewood. The bonds were originally used to construct the Marks housing project. City Council approved the issuance of the bonds with Ordinance 69, Series of 1985. The Council authorized amendments to the financing documents and approved the sale and transfer of the project to Wellsford with Ordinance 47, Series of 1993. Council approved amendments to the financing documents with Ordinance 72, Series of 1994 as well. RECOMMENDED ACTION Staff recommends City Council approve this action. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The bonds that were originally issued for the Marks housing project were industrial development bonds . This type of bond may be issued by a private entity for very specific projects, including housing. The bonds are issued using the City's tax exempt status to issue debt that pays tax-exempt interest to bondholders . The tax exempt status lowers the cost of borrowing and, therefore, may provide an incentive to a developer to take on a project that might not otherwise be undertaken. Although the issuer uses the tax exempt status of the City of Englewood, the City does not take on any responsibility for the repayment of debt. The City does assume some risk of loss of reputation and nuisance lawsuits in the event of a default. The City is issuing these variable rate demand multifamily housing refunding bonds in the amount of 8,355,000 to provide funds to refund the entire $8,355,000 in outstanding p rincipal of the Multifamily Housing Revenue Bonds (Marks East Apartments) 1985 Series B, which were issued to provide financing for the acquisition, construction, and equipping of the Marks East Apartments, a 336-unit multifamily housing facility located in Englewood . Both the City Attorney and Kutak Rock, the City's outside bond counsel, have reviewed the documents related to the proposed refunding and have given their approval. FINANCIAL IMPACT The debt service payments are not made by the City of Englewood. The City will collect a fee of between 20 and 40 basis points and will be reimbursed for all expenses directly related to the refunding. LIST OF ATTACHMENTS Proposed bill for an ordinance. C ORDINANCE NO . SERIES OF 2004 BY AUTHORITY FOi. 0 . AN ORDINANCE AUTHOIUZlNG 11ii IS,SUANCi-AND SAi.Ji Qf AN-A\MQJ.llfT NOT 1'[CBED $8,355,000 VAltlABLE RATE DEMAND MULnFAMILY BOUIIMO I . REFUNDING BONDS (MARKS EAST APARTMENTS) SERJES..2004 OE TH.E QTY OF l!NGLBWOOD, COLORADO FOR. THB PURPOSB OF FINANCING A POlTIDN Of COST OF REFUNDING THE CITY OF ENGLEWOOD. COLQB.Al>O...).tl,JLTIFAMILY HOUSING REVBNUB BONDS (THB MARIC.S APARTMBN'l'S) Ith APPROVING AND AUTHORIZING EXECUTION OF A TRUST IND~NTURE FINANCING AGREEMENT, PURCHASB AOUIMEMT, 11iffn AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AORBl!MBNT WITH RBSPECf TO THE BONDS AND THE MULTIPAMII.Y IRlllllilO PROJECT BEING REFINANCED WITH THE PROCEEDS OF 1'Hi, BONDS;. ~G FINDINGS AND DETERMINATIONS WITH llESPBCT TO TR! PROJICT 00 9 BONDS ; AUTHORIZING THE EXECUTION AND l>ELlVE&.Y Of.. RELAT~ DOCUMENTS; AND REPEALING ALL ACTION HERETOFORI! TADN IN UJOIWl~I'' HEREWITH. WHEREAS, the City of Englewood, Colorado (the "City") is a duly organized and existing home rule municipality of the State of Colorado (the "State"), created and operating pursuant to Article XX of the Colorado Constitution and the home rule chaner of the City (the "Charter"); and WHEREAS, the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes, as amended (the "Act"), authorizes cities and counties in the State to fman t e or refinance one or more projects, including any land, buildings or other improvements, and all real and personal propenies, whether or not in existence, which shall be suitabl.e for residential faci liti es for low-and m iddle-income families or persons and intended for use as the sole place of residence by the owners or intended occ upants to the end that more adequate residential housing facilities for lo w-and mi ddle-i ncome families or persons may be provided, which promote the public health, we lfare, sa fety , convenience and prosperity; and WHEREAS , th e City is funher authorized by the Act to issue its revenue bonds for the purposes of defrayi ng the costs of financing or refinancing any such project, including a ll incidental expenses in c urred in iss uing suc h bonds, and to secure the payment of such bonds u provided in the Act ; 111d WHEREAS , the C ity has previously made a loan of the proceeds of its Variable Rate Demand Mult ifamil y Ho using Revenue Bonds (The Marks Apartments} 198S Series B (the "Oriainal Bondsj in the original aggregate princ ipa l amount of SIB ,100,000 pursuant to the tenns of an Indenture of Trust u 0 . dated as of December I, 1985 between the City and Mellon Banlc, N.A., as trustee (the "Original Indenture"), to HG Venture II ("HG Venture"), a Texas limited partnership, to provide financing for a multi-family rental housing development known as the Marks Apartments (the "Project") located within the boundaries of the City, for occupancy partially (as least 20%) by individuals of low or moderate income within the meaning of and for the period required by Section I03(b) of the Internal Revenue Code of 1954, as amended, all for the public purpose of providing more adequate residential housing facilities for low-and middle-income families and persons; and WHEREAS, the Original Bonds were remarketed as fixed interest rate bonds effective December 15, 1993, designated as the City of Englewood, Colorado Multifamily Housing Revenue Bonds (The Marks Apartments) 1985 Series B (the "Prior Bonds"), in the aggregate principal amount of $11,000,000; and WHEREAS, the present owner of the Project is Wellsford Marks B Corp., a Colorado corporation Wellsford"), which corporation is wholly owned by Equity Residential, a publicly traded real estate investment trust ("EQR"); and WHEREAS, EQR expects to dissolve Wellsford and transfer ownership of the Project to another EQR controlled entity to be known as EQR Marks B, L.L.C., a Delaware limited liability company (the Owner"), prior to the execution of the documents further described herein; and WHEREAS, representatives of EQR and Wellsford have requested that the City issue its variable rate demand multifamily housing revenue refunding bonds pursuant to terms of the Act to refund the Prior Bonds (the "Refunding Project"); and WHEREAS, the City has considered the request of EQR and Wellsford and has concluded that the Refunding Project will assure the continuing provision of low-and middle-income residential rental facilities. promoting the public health, welfare, safety, convenience and prosperity, and that the City should issue its variable rate demand multifamily housing revenue refunding bonds under the Act to finance a ponion of the cost of the Refunding Project, subject to the conditions set forth herein; and WHEREAS, the City will issue, sell and deliver its City of Englewood, Colorado Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks East Apartments) Series 2004 (the Bonds"), in an aggregate principal amount not to exceed $8,355,000, pursuant to the terms of a Trust Indenture dated as of December I , 2004 (the "Indenture") between the City and The Bank of New York, as trustee (the "Trustee") to pay a ponion of the cost of the Refunding Project; and WHEREAS, the Owner will enter into a Financing Agreement, dated as of December I, 2004 (the Financing Agreement") among the City, the Owner and the Trustee pursuant to which the proceeds of the Bonds will be loaned to the Owner (the ''Bond Mongage Loan"); and 2 C 0 J WHEREAS, the Owner will execute a Multifamily Note (the "Bond Mortgage Note'') evidencing its obligation to repay the Bond Mortgage Loan to be delivered upon the order of the City pursuant to the Financing Agreement to the Trustee; and WHEREAS, to secure the Owner's obligations under the Bond Mortgage Note, the Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust, Assignment of Rents and Security Agreement (including Fixture Filing) with respect to the Project; and WHEREAS, the Owner will cause to be delivered to the Trustee on the date of initial issuance of the Bonds a direct pay Credit Enhancement Agreement dated u of December I, 2004 (the "Credit Enhancement Agreement'') between the Federal Home Loan Mortgage Corporation ("Freddie Mac'') and the Trustee which will provide for (i) draws in an amount equal to certain "Guaranteed Payments" with respect to the Bond Mortgage Loan and (ii) liquidity draws by the Trustee to the extent rcmarketing proceeds are insufficient to pay the purchase price of Bonds while the Bonds bear interest at a variable rate; and WHEREAS, to evidence the Owner's reimbursement obligations to Freddie Mac for draws made under the Credit Enhancement Agreement, the Owner and Freddie Mac will enter into a Reimbursement and Security Agreement dated as of December 1, 2004 (the "Reimbursement Agreement''); and WHEREAS, to secure the Owner's obligations under the Reimbursement Agreement, the Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust, Assignment of Rents and Security Agreement (including Fixture Filing) (the "Reimbursement Mortgage") with respect to the Project; and WHEREAS, the Owner's obligations under the Reimbursement Agreement and the Reimbursement Mortgage will be cross collateralized with other multifamily housing projects owned by EQR or its subsidiaries; and WHEREAS, the City has been requested to enter into an lntercreditor Agreement (the Intercreditor Agreement") in connection with Freddie Mac's provision of credit enhancement; and WHEREAS, the City is authorized by the Supplemental Public Securities Act, Article 57 of Title 11 of Colorado Revised Statutes, as amended (the "Public Securities Act"), to delegate to any of its membe rs , chief executive officer, or chief financial officer the authority to sign a contract for the purchase of securities or 10 accept a binding bid for securities and, in addition, may delegate the following determinations 10 such member or officer without any requirement that the issuing authority approve such determinations : (a) the rate of interest on securities; (b) the conditions on which and the prices at which the applicable sec urities may be redeemed before maturity; (c) the existence and amount of any capitalized interest or reserve funds ; (d) the price at which the securities will be sold; (e) the principal 3 t J. amount and denominations of the securities; (f) the amount of principal maturing in any particular year; and (g) the dates on which principal and interest shall be paid; and WHEREAS, the City hereby determines that i.t is in the City's best interest to delegate to its Director of Finance and Administrative Services ("Chief Financial Officer") the powen enumerated in the Public Securities Act as more specifically provided in this Ordinance; and WHEREAS, there have been presented to the City Council at this meeting the following documents: (a) the proposed form of the Financing Agreement, (b) the proposed form of the Indenture, (c) the proposed form of the Intercreditor Agreement, (d) the proposed form of the Amended and Restated Land Use Restriction Agreement dated as of December l, 2004 (the "Regulatory Agreement"), by and among the City, the Owner and the Trustee and (e) the proposed fnrm of Purchase Agreement (the Purchase Agreement") among the City, the Owner and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Underwriter"). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section I. Lc&al Autborlzatlon. The City is a duly organized and existing home rule municipality of the State, created and operating punuant to Article XX of the Colorado Constitution and the City's Charter and is authorized under the Act to issue and sell its multifamily housing revenue bonds in the form of one or more debt instruments, such as the Bonds, for the purpose, in the manner and upon the terms and conditions set forth in the Act, in this Ordinance, and in the Indenture. Section 2. Flodin&•· The City Council has heretofore determined, and docs hereby determine, based upon the representations of the Owner, as follows: a) The Project is an eligible "project," as defined in the Act. b) The issuance of the Bonds will effectuate the public purposes of the City and carry out the purposes of the Act by, among other things, providing residential facilities for low-and middle-income persons in the City. c) The Bonds are special, limited obligations of the City payable solely out of the income, revenues and receipts specifically pledged punuant to the Indenture. The Bonds, the premium, if any, and the interest thereon shall never constitute the debt or indebtedness of the City within the meaning of any provision or limitation of the State Constitution, State statutes or the Cbancr, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general cmlit or trucing power and shall not constitute a "multiple fiscal year direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Neither the State of Colorado nor any political subdivision thereof shall be obligated to pay the principal of, premiwn, if any, or interest on the Bonds or other costs incident thereto. Tbc Bonds do not constitulC a debt. loan, cmlit or pledge of the faith and credit or taxing power of the State, the City or any political subdivision thereof. 4 t D Section 3 . Authorization of Issuance of Bonds. To defray the cost of the Refunding Project, there is hereby authorized and created a series of variable rate revenue bonds designated "City of Englewood, Colorado, Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks East Apartments) Series 2004" in an aggregate principal amount not to exceed $8,355,000. Subject to the determination of the Chief Financial Officer, the issuance of the Bonds shall be in such principal amounts, bearing such dates and provisions for determination of variable interest rates and such Bonds shall mature as set forth in the Indenture. The Bonds shall be payable, shall be subject to redemption or purchase in lieu of redemption and tender prior to maturity and shall be in substantially the form as provided in the Indenture. Furthermore, the Bonds shall be payable at such place and in such form, shall carry such registration privileges, shall be executed, and shall contain such terms and conditions, as set forth in the Indenture. The maximum net effective interest rate on the Bonds shall not exceed 12.00"/o per annum. Section 11-57-204 of the Public Securities Act provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Public Securities Act. The City hereby elects to apply all of the Public Securities Act to the Bonds. Section 4 . Sale of Bonds The placement and purchase of the Bonds pursuant to the terms of the Purchase Agreement be and the same are in all respects hereby approved, authorized and confirmed, and the Mayor (or Mayor pro tem) is hereby authorized and directed to execute the Bonds and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Bonds and each is hereby authorized to deliver the Bonds for and on behalf of the City to the Trustee for authentication pursuant to the Indenture. The Bonds shall be sold to the Underwriter for the purchase price as set forth in the Purchase Agreement (subject to the limitations set forth herein). Section 5. Delegation. Pursuant to the terms of the Public Securities Act, the Chief Financial Officer is hereby delegated the authority to establish: (i) the terms upon which the interest rate or rates of the Bonds will be determined and the payment dates therefore, provided that the net effective interest rate for the Bonds shall not exceed 12 .00%; (ii) the prior redemption provisions for the Bonds, provided, any redemption premium thereon shall not exceed 4% of the principal amount to be redeemed; iii ) the original issue discount or premium thereon shall not exceed 4% of the aggregate principal amount of the Bonds; and (iv) the dates on which the Bonds shall mature , including the amounts to mature in each year, provided that, the final maturity date for any Bond shall not be later than December I 5, 2034. Section 6 . Approval and Authorization of Documents . The Indenture, the Financing Agreement, the Regulatory Agreement, the lntercreditor Agreement and the Purchase Agreement be and th e same are in all respects hereby approved, authorized and confirmed, and the Mayor (or Mayor pro te rn ) is he re by authorized and directed to execute and the City Clerk is hereby authorized and directed to affi x th e sea l of the City and to attest the Indenture, the Financing Agreement, the Regulatory Agreement, 5 the Intercreditor Agreement and the Purchase Agreement in substantially the forms and content as presented to the City on this date, subject to the approval of bond counsel to the City, but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their executi'ln thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions and deletions from the forms thereof as before this date. Section 7. All Actions Heretofore Taken. All actions (not inconsistent with the provisions of this Ordinance) heretofore taken by the City Council and the officers of the City directed toward the issuance and sale of the Bonds therefor are hereby ratified, approved and confirmed. Section 8. Compliance with tbe Act. The following determinations and fmdings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: a} The maximum amount necessary in each year to pay the principal of and the I interest on the Bonds (based on the maximum net effective interest rates set forth herein, assuming that interest is paid monthly, and assuming no redemptions) shall not exceed: 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 s Principal Amount 6 lmmll S 44,560 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002 ,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 S 44,560 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002 ,600 2031 2032 2033 2034 8,355,000 1,002,600 1,002,600 1,002,600 1,002,600 0 1,002,600 1,002,600 1,002,600 9,357,600 b) Pum1ant to the Indenture there shall be established certain debt service reserve funds for payment of the Bonds, which reserves arc required to be replenished from time to time, if necessary, from Revenues ( as defined in the Indenture). c) In the Financing Agreement, the Owner has covenanted to maintain, or cause to be maintained, the Project and to carry, or cause to be carried, all proper insurance with respect thereto. d) The revenues and other amounts payable under the Financing Agreement arc sufficient to pay, in addition to all other requirements of the Financing Agreement and this Ordinance, all sums referred to in paragraphs (a), (b) and (c) of this Section and all taxes or payments in lieu of taxes levied upon the Project. Section 9 . Investments . Proceeds from the sale of the Bonds and special funds from the revenues from the Refunding Project shall be invested and reinvested in such securities and other investments specified in, and otherwise in accordance with, the Indenture and Section 29-3-109 of the Act and Section 24-75-601.1 of the Public Securities Act. Section 10 . Authority to Execute and Deliver Additional Document,. The officers, employees and agents of the City shall take all action in conformity with the Act, the Public Securities Act and the Charter necessary or reasonably required to effectuate the issuance of the Bonds and shall take all action necessary or desirable in conformity with the Act and the Cbaner to finance the portion of the costs of the Project to be financed. with proceeds of the Bonds and for carrying out, giving effect to and consummating the transactions contemplated by this Ordinance, the Financing Agreement, the Indenture, the Regulatory Agreement, the lntcrcreditor Agreement and the Purchase Agreement including wi thout limitat ion the execution, delivery and filing of any documents, statements or reports with the United States Intern al Revenue Service or with the Secretary of the United States Treasury or his delegate necessary to m aintai n the exclusion of interest on the Bonds from gross income for federal income tax purpose s, the execution of any letter of "l'eprcscntation or similar document required of any securities de po si to ry, and the execution and delivery of additional security documents and any closin& documents to be delivered in coMection with the sale and delivery of the Bonds. Secti on 11. Bonds are Limited ObU&atioDI. The Bonds shall be special, limited obligations of the C ity paya ble solely from the receipts and revenues of the City under the Financin& A&J'Cffllcnt that are specificall y pl edged therefor under the Indenture; the Bonds shall never constitute a debt or 7 0 indebtedness of the City, the State or any county, municipality or political subdivision of the State within the meaning of any provision or limitation of the Constitution or statutes of the State or the charter of any political subdivision of the State; and the Bonds shall never constitute nor give rise to any pecuniary liability of, or a charge against the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State. The Bonds shall not constitute a "multiple fiscal year direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Section 12. No Pecuniary Liability. Nothing contained in this Ordinance or in the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Intcrcrcditor Agreement or the Purchase Agrccment 'or any other instrument shall give rise to a pecuniary liability of, or a charge upon the general credit or taxing powers of, the City, the State or any county, municipality or political I subdivision of the State. The breach by any party of any agreement contained in this Ordinance, the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Intercreditor Agreement or the Purchase Agreement or any other instrument. shall not impose any pecuniary liability upon, or any charge upon the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State, none of which bas the power to pay out of its general fund, or otherwise contribute, any part of the cost of refinancing the Project, or power to operate the Project as a business or in any manner. Section 13. No Condemnation by City. The City shall not condemn any land or other property for the Project. Section 14. Trustee and Remarket1a1 A1ent. The Banlt of New Y orlt is hereby appointed as Trustee and Paying Agent under the Indenture and Merrill Lynch, Pierce, Fenner & Smith Incorporated, is hereby appointed as Remarlteting Agent pursuant to the tmns of the Indenture . Section 15 . Supplemental Ordinances. The City may, subject to the terms and conditions of the Indenture, pass and execute ordinances supplemental to this Ordinance which shall not be inconsistent with the terms and provisions hereof. Section 16 . Limitation of Rl&hts . With the exception of any rights herein expressly conferred , nothing expressed or mentioned in or to be implied from the Ordinance or the Bonds is intended or shall be construed to give to any person , other than the City , the Owner, the Underwriter and the owners of the Bonds, any legal or equitable right, remedy or claim under or with respect to this Ordinance or any covenants, conditions and provisions herein contained; this Ordinance and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City, the Owner, the Underwriter and the owners of the Bonds as herein provided. 8 t C Section 17. Pledge of Revenues. The creation, perfection, enforcement, and priority of the pledge of the Revenues to secure or pay the Bonds as provided herein and in the Indenture shall be governed by Section 11-57-208 of the Public Securities Act and this Ordinance. The Revenues for the payment of the Bonds, as received by or otherwise credited to the City, shall immediately be subject to the lien of such pledge without any physical delivery, tiling, or further act. The lien of such pledge on the Revenues shall have priority over any or all other obligations and liabilities of the City. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the City irrespective of whether such persons have notice of such liens. Section 18 . Official Statement The City acknowledges that the Underwriter shall use an Official Statement in connection with the offering of the Bonds, and the Chief Financial Officer is hereby authorized to certify as to the accuracy of the information concerning the City contained therein. Section 19. Immunity of Offlcen. Pursuant to Section 11-57-209 of the Public Securities Act, if a member of the Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such council member, officer, or agent for payment of the principal of or interest on the Bonds. No cecourse for the payment of any part of the principal of, premium, if any, or interest on the Bonds for the satisfaction of any liability arising from, founded upon or existing by reason of the issue, purchase or ownership of the Bonds shall be had against any official, officer, council member or agent of the City or the State, all such liability to be expressly released and waived as a condition of and as a part of the consideration for the issue, sale and purchase of the Bonds. Section 20 . Llmltadons on Acdons. In accordance with the Act, no action shall be brought questioning the legality of any contract, financing agreement, mortgage, trust indenture, proceeding relating to the Bonds or the Bonds, the Refunding Project or the Project on and after thirty days from the effective date of this Ordinance. Section 21 . Counterparts. This Ordinance may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same in strument. Sec tion 22 . Captions. The captions or beadings in this Ordinance arc for convenience only and in no way define , limit or describe the scope or intent of any provisions or sections of this Ordinance. Sec tion 23 . Validity of Bonda. Each Bond shall contain a recital that such Bond is issued purs uant to the Act and the Public Securities Act, and such recital shall be conclusive evidence of its va lidity and of the reg ularity of its issuance. Section 24 . lrrepealablllty. After any of the Bonds arc issued, this Ordinance sball be and re main irre pe ala bl e until the Bonds and the interest thereon shall have been fully paid, canceled and discharged . 9 Section 25 . Severablllty . If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance . Section 26. Repealer . All orden, ordinances, resolutions, bylaws, and regulations of the City, or parts thereof, inconsistent with this Ordinance arc hereby rcpcalcd to the extent only of such inconsistency. Introduced. read in full, and passed on first reading on the 18th day of October, 2004. Published as a Bill for an Ordinance on the 22nd day of October, 2004. Douglaa Garrett. Mayor ATIEST: Loucrishia A . Ellis, City Clcrlt I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, bcrcby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, 111d passed on first reading on the 18th day of October, 2004 . Loucrisbia A. Ellis 10 OIDINANCB NO._ SERJBS OF 2004 BY AUTHORITY I COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER BRADSHAW WHEREAS, the City Council of the City of Englewood, Colorado approved Ordinance No. 34, Series of 2004 which submitted a Charter amendment to a vote of the registered electors at the November 2, 2004 Election; and WHEREAS, Ordinance No. 34, 2004 submitted the proposed amendment to the Englewood Home Rule Charter, allowing the City to conduct their elections on the same date as set forth in State law; and WHEREAS, the Arapahoe County Clerk advised the City that due to a software problem they are unable to print the ballot question using the strike through and double underline; and WHEREAS, the passage of this Emergency Ordinance will allow amending the ballot question language by removing the strike through and double underline to read as the proposed amendment would read if approved by the voters at the November 2, 2004 Election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ballot question No. 2A, is hereby amended to read as follows: Question No. 2A Shall the Home Rule Charter of the City of Englewood, Article II, Section 12, be amended to read as follows : ARTICLE 11. ELECTIONS 12 : Municipal elections. A general municipal election shall be held on dates specified in State law. Special municipal elections shall be held in accordance with the provisions of this Charter. The polling places shall be open from seven A .M. to seven P.M. election days . Yes No 1- et .·• t Section 2 . Each elector voting at said election and desirous of voting shall indicate bis/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. Section 5. For purposes of Section 1-1-1-203.5, C.R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance . Section 7. An emergency is hereby declared requiring immediate passage of this Ordinance because if the language of Ordinance No. 34, Series of 2004 is not amended, removing the strike through and double underlining, the Ballot question will not be able to be placed on the coordinated Ballot for the November 2, 2004 Election and the City of Englewood will have to hold a separate election and incur additional costs for said separate election. Section 8 . The City Council finds and detennines that an emergency exists and that passage of the within Bill for an Ordinance is necessary for the immediate preservation of public pro:,,erty, health, peace and safety, and said Bill for Ordinance shall be effective upon publication following final passage. Introduced, read in full as an Emergency Bill for an Ordinance and passed on first reading on the 4•h day of October, 2004. Published as an Emergency Bill for an Ordinance on the 8th day of October, 2004 . Read by title and passed on final reading as an Emergency Ordinance on the 18th day of October, 2004. 2- Published by title as Emergency Ordinance No. _, Series of 2004, on the 22nd day of October, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2004 . Loucrishia A. Ellis, City Clerk 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 true copy of an Emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of October, 2004 . Loucrisbia A . Ellis 3- t C BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER WOLOSYN AH OlU>lNANCE mmm THE TAX LEVY JN MIU.S UPON BACH DOu.AR. OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITitlN Tim" F CITY OY ENOLEW9()D, COLOlAOO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of C'.ach of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citiz ·s; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.ADO, AS FOLLOWS: Sectjon I . That there be and hereby is levied for the year of 2004, due and payable as required by statute in the year 2005, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.440 mills on the dollar for lbe General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be cenified by law . Introduced, read in full, and passed on first reading on the 4th day of October, 2004. Published as a Bill for an Ordinance on the 8th day of October, 2004 . Read by title and passed on final reading on the 18th day of October, 2004. Published by title as Ordinance No . _, Series of 2004, on the 22 nd day of October, 2004. Douglas Garrett, Mayor ATTEST : Lo uc ri shia A . Ellis . City Clerk 1- 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. Loucrishia A. Ellis, City Clerk 2- C L COUNCIL COMMUNICATION Date: Agenda Item: October 18, 2004 Initiated By: Community Development Department Subjed: A Resolution Approving the FY2005 Community Development Block Grant Application Staff Source: Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has approved resolutions to file Community Development Block Grant (CDBG) applications annually since 1977. Ordinance 39, Series of 1994, approved an Intergovernmental Agreement to participate in the Arapahoe County CDBG Entidement Program for Federal Fiscal Years 1995 through 1997. Participation in the entitlement program is in three-year increments and, for Funding Years 2004 through 2006, was extended by approval of the City Manager with the execution of Amendment No. 3 dated June 26, 2003. RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply to Arapahoe County for the City of Englewood's portion of Federal Fiscal Year 2005 Community Development Block Grant (CDBG) funds. BACKGROUND, ANA~YSIS, AND ALTERNATIVES IDENTIFIED The U . S. Department of Housing and Urban Development (HUD) CDBG Entitlement Program pro ides grants to units of local government and urban counties to meet housing and community de elopment needs . The objective of the program is to enhance urban communities by providing: decent, safe, affordable housing; impro ed infrastructure: public facilities and services ; economic opportunities . The Federal Program o b1ecti es are ach1e ed through projects de eloped by local governments that primaril; benefit low and moderate income iamilies and other federal objecti es . The request for tunds mav also include i!C ti, iues that meet o ther urgent development needs in communities such as di!mage rrom tloodin~ tornadoes. ti re, etc. Local governments determine which activities best er.. e the ob1ec t1ves of th e program . Funds are appropriated annualt~ b, the Congres for the CDBC program and are allocated b 1a1u1or.. rormula to ea h en titlement area. Arapahoe Count\ 1s an approved entitlement area. The rant iunds are current!\ dis tributed to part1 1pa11ng cities ,\lthm Arapahoe Coontv ~ on each jurisdiction's poverty population as identified from the latest census information. The current participating jurisdictions are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, and Greenwood Village plus unincorporated Arapahoe County. The funding level for the City of Englewood for FY2005 is anticipated to be $1 S0,000, the same as it has been for the past three years. An additional non-jurisdictional pool of funds of $400,000 to $500,000 is also available directly from Arapahoe County for projects that benefit persons living in a11y part of the county. The City of Englewood must submit an application in order to receive its portion of the 2005 CDBG funding from Arapahoe County. The application will be for a total of $230,000. This indudes the anticipated $1 50,000 plus an additional $80,000 from the non-jurisdictional pool of funds. Englewood 's FY2005 program consists of three possible projects that meet current housing and neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County CDBG Administrators and the County Commissioners. The listed projects and funding levels may change based on those reviews. FY2005 CDBG funds will be requested for the following projects: 1) $132,500 for the Housing Rehabilitation Project to provide loans to low-income homeowners to finance the costs of major household repairs and improvements. This Project also includes a handyman/small rehab project to assist seniors and disabled persons with minor household repairs; 2) $50,000 for a fifth-year request to assist with staffing needs for the House of Hope homeless shelter; 3) $47,500 for a neighborhood revitalization "paint-up/fix-up-project designed to improve the visual appearance of owner-occupied and rental properties in a targeted residential area within the City. FINANCIAL IMPACT Existing Community Development staff will administer the proposed projects. Staff salaries and benefits represent the City's participation in the projects. LIST OF ATTACHMENTS Resolution . QIOLUTION NO. ll J • tRIES OF 2004 -'f1 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF l!Jl.f(H,£W.000, COLORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNTY # FOR A 2005 COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering panicipation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through 2006; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS. the City of Englewood, Colorado desires to apply for these funds through the Arapahoe County 2005 Community Development Block Grant to fund the Housing Rehabilitation Program, House of Hope staffing and neighborhood revitalization projects. NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: , Section I, The City of Englewood, Colorado, is hereby authorized to file an application for an Arapahoe County 2005 Community Development Block Grant. Section 2. The Mayor and City Clerk arc authorized to sign and attest all necessary forms , documents. assurances and certifications for the Community Development Block Grant for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 1s•h day of October, 2004 . A TT E T. Douglas Garren. Mayor Loucn hia A . Elli-. uy C le rk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2004. Loucrislua A. Ellis, City Clerk. C Date: October 18, 2004 Initiated By: Utilities Department COUNCIL COMMUNICATION Agenda Item: 11 C ii Staff Source: Subject Big Dry Creek Basin Interceptor Maintenance Fees Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Big Dry Creek Basin Interceptor Agreement between the City of Englewood. South~te Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. 1 was approved by Council as Ordinance No. 30, Series 1990. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their September 8, 2004 meetin& recommended Council approval of the resolution establishing maintenance fees for the Big Dry Creek Basin Interceptor. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs "orthwesterfy along Big Dry Creek to Santa Fe Drive, and then north to the Littleton/Englewood Wastewater Treatment Plant For the past three years fees were not collected due to the low maintenance costs for the interceptor. The then-existing fund balance was sufficient at the time to cover expenses. The fund balance has been drawn down, as seen on the attached Schedule of Cash Received and Interest In come (balan c e of $76,582 .87), and the statement of Operating and Maintenance Expenses ex p ens es in curred in 2003/2004 in the amount of $35,000). A revenue flow needs to be ree stablished for future maintenance. The proposed rate is designed to supply a consistent flow of fu nds suffi ci ent to cover expenses and unexpected repairs . A typical, annual residential charge is es timated to b e approximately 45 cents per account. Th e intercepto r maintenance fees collected will go toward main deanin& video inspection of mains and m an holes, emergency and ongoing spot repairs, etc. t FINANCIAL IMPACT Southgate Sanitation District, the district that maintains the Big Dry Creek Basin Interceptor, and the City of Englewood est ablished the rate of .005434 per 1000 gallons of winter water consumption. Funds collected go into a Big Dry Creek Basin Fund that is administered by the City of Englewood. LIST OF AlTACHMENTS Schedule of Cash Received and Interest Income. Operating.and Maintenance Expenses dated July 30, 2004. Resolution . t Buln lnt.lceplor .....,_It (BIA) Schedule of Call ReceMd 111d lnlar'Nt lnc:ome Aa of June 30, 2004 -----. T ... r.:··~. -lilll!n-,-~ 'li:&:;;.:.:i:~.?;;.;r._ ·:.-·.;~<·=-~.,. . .. 1 2211.-.12 -- 27.,.1.31 _, .. .._.. l,n7.0III DIRl!CTDISIURSEMENT.u.uNCiCOSTI (1.151 .•I OIRECT-.cMIIITCMD ,es (0.111 DIRECT OCSIURS!MENT-MMl1'IIWIICI! 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IIIN DIRl!CT OISIUl'5Sol!HT-PN,jom !U OIRl!CT ADIi""'-7U iLCl -"""• -CID v--.nM ... rtw.+/i,ot ~ s•-.nci_a.,.,.,,. _., __ ,.,.., _.,_q.,... -...... 1 -~1 ,_ .......... --~ -~ _.......,_ Cllyof ......... -~ -~-· ........ -.. ,_ I9SM Cflb lot1 .,,.,,. --- f'Nujocl 1 ' •• --... f'Nujocl 1 & •• --....--......- s...111,..- ayo1a..--~ -~-· ........ -... ,_ LC• Uno CIWgoo (-~ • -0.W,01 Prin l8d: 7/15/2004 5:35 PM 2.151,102.10 31.0N.<01 372.1311.111) 08,503.M 150,7'12.00 9,013.12) 111.2< a .a .oo UOl.511 12.2111 .00 S.:Ml.1111 S72.1311.II) a.5111 .0I 1,101 .00 1.2110.00 501 .00 131,"3.<0 Ul,171.21 717.92-001 27.000.00 OI0.00) 1,712.21U!I 27 ,!111 .31 e1,m .a oo.m.111 I.Ml.II ous 34.70 IS.31 211.IS 517,512.11 111.71 1,003,800.11 l .7'0,m.001 2.151.00I.II 12. ..... 1 17.MO• 133,NUI 1,134.70 514.31 I .SIi.iS 2. .. 11.120.lS 2211.oa,2 261 .111 (12.13) 111.311 21.-..42 11.m.001 I.ISi.ii) II.Ill1, • .-.,11 001 .00 1,900.00 1,101 .00 2.112.111 ... 0 31.oa<OI . . ( ffl,a.111) ot,503.M . . 150.7'12.00 . ( 9.01:1.12) 111-2< . 300.00 a.1111.00 I 5,501.51) . . . . 4,311).00 1-..01.00 S.:MIMI . ( ffl.la.111) ..,..,.,. OI 1,101 .00 00 . IID1.00 ...... .., Ul,171.21 717,112.00) 427.oDII.OO ---...•.• I.Ml.SI 1,181.S(I t.721.<17 ... 201 .111 (12.13) 111.311 27-*42 9.a.21) (2.taCMI z.aa.• 912.Mt.M M.11) (MUOI 112.13 CZ-0-1111 caz. .. , 111.M 1.1111.23 7:1.1111 (IOl.29) 122.IS -..us 1.11) (1.27) , ... "3.07 I.IS) ('0.00) 0. .. IUI .... fUll 1.11 211 .111 11 .-90) CZ.•.llll 2.1111 .oz 1.a.m.12 261 .111 (12.13) .... 71,912.17 ,.-.. t ,1'111.111S.OIII l.«11.211 (ml.CM} UIS. .. 2.~ 112.IS 111,1111.11 M.90) :N7.S2 111.M IU//11.72 I.NI • .-.11 ID.IS 157,121.111 CU•> (1.27) , ... ,-.01 I.Al ....., UI 112.• U7l (U1) 1.11 1,JIJ.111 f1 ,0Z71fh a.a1a "---OZ 2.-.11 CAIH MMCa 1'111--.LmaM ---- IIICIIV .... 11 --IOI/TM~ ICIUntQo\11 MY .... CUITaia IIICIMILI c:olCIIDWCSCICa --- TOT.Ill.I -.!~. I.A ~..-;:_.,,,,' 78,812.17 19,512.17 2.173.•IUI 2.173.'11 .N tot .. 141-.IZ m .... 12 11.1111 ... 77U3 •m.u 1.101 .00 1,101 .00 1.21111.00 I.JOO.OIi IID1.00 501.00 oouoo.• 1--(11a1.m.oo1 1.1...-.11 , ..... ,1 27.5M42 912.IM.M C.00, ... I.IUUI ...... 421 .07 II.Ill 211 .111 1...-R 1 1,1111,m.OOI 2.J'II.IN.12 111 .-.11 17,1117.72 157,121.11 111 Ill.II 1,J12.M 11 • • 3722 E. Orchaid Road Littleton, Colorado 80121 303) i79-0281 Fu: (303) 779-0220 Mr. Stu Fonda City of Englewood 1000 EnglewOOd Partcway Englewood, CO 80110 Re: Big Dry Creek Interceptor Agreement- Operating and Maintenance Expenses Dear Stu: 9 0 . July 30, 2004 Our last back charge for BDCI operating and maintenance expenses was 7/14/03 for the last two quarters of 2002 and the first two quarters of 2003. A review of the file reveals the following expenses incurred by Southgate Sanitation District since that date: 3rd Quarter 2003 4th Quarter 2003 1st Quarter2004 2nd Quarter 2004 Total Find backup documentation attached . 9,389.25 8,356.37 14,500.53 275445 S3§ 00080 The sewer video inspection was proposed in the 2003 budget. We bind continuing deterioration at various points through the interceptor but no immediate problefflS. The interceptor video was also extremely helpful in the sewer master plan update. The invert · survey was found to be necessary during the sewer master plan update to ensure that the· system was modeled as accurately as possible, (so as to make the maximum use of existing capacity and avoid needless capital expenditure). As to the master plan for the interceptor, it was updated as part of the Southgate Sanitation District master plan update . We have absorbed the costs of the interceptor master plan update in the District's master plan costs and do not plan to request reimbursement of same. You will also obserVe that there has been an intensified focus on manhole inspections and repairs. Please process for payment t:k ne Tinsley istrict Manager t SERIES OF 2004 A RESOL JON AUTHORIZING THE ESTABLISHMENT OF MAINTENANCE.FEES FOil 111B 111G DlY CltEPJt BASIN INTBR.CEPTOlt POR. THB CJ'IY OP BNQl.8WOOD. COLORADO . WHEREAS, the City Council of the City of Englewood approved the Big Dry Creek Basin Interceptor Agreement between the City, Southgate Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. I with the passage of Ordinance No . 30, Series of 1990; and WHEREAS, The Big Dry Creek Basin Interceptor Agreement set forth the procedures for calculating and collecting funds for the maintenance of the Big Dry Creek Basin Interceptor for the users of the Interceptor; and WHEREAS, The Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewage transpon; and WHEREAS, for the past three years fees were not collected because of the tow maintenance costs for the Interceptor and because the then-existing fund balance was sufficient at the time to cover expenses; and WHEREAS, the fund balance has been drawn down and a revenue flow needs to be reestablished for future maintenance; and WHEREAS, the passage of this Resolution will establish the Big Dry Creek Basin Interceptor Maintenance Fees, such fees collected will go into a Big Dry Creek Basin Fund for main cleaning, video inspection of mains and manholes, emergency and ongoing spot repairs, etc., which fund is administered by the City; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the establishment of maintenances fees for the Big Dry Creek Basin Interceptor at its September 8, 2004 meeting ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOOD , COLORADO, THAT : Sec ti on I. The City Council of the City of Englewood hereby authorizes the establishment of Ma int enan ce Fees for the Big Dry Creek Basin Interceptor. t Section 2 . The Maintenance Fees for the Big Dry Creek Basin Interceptor shall be as follows: Every customer connected to the Big Dry Creek Basin Interceptor System shall be charged an annual fee of $0.00S434 per thousand gallons to fund the maintenance of the Big Dry Creek Basin Interceptor for the five year period beginning January I, 200S. ADOPTED AND APPROVED this ts• day of October, 2004. AlTEST: Douglu Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEn&Jewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2004. Loucrisbia A. Ellil, City C1crt C C COUNCIL COMMUNICATION Date: October 18, 2004 Initiated By: Agenda Item: 11 C iii Utilities Department Subject: Resolution for Water Rate Increase Staff Source: Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In July of 2003, City Council adopted Resolution No. 71, which approved a 16 percent water rate increase that became effective October 1, 2003, and an additional increase of six percent to become effective January 1, 2005. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at their October 12, 2004 meeting, Council approval of the proposed resolution . The proposed amended increase would amend the six percent increase and replace it with a 15 percent increase effective January 1, 2005, an eight percent increase effective January 1, 2006, and eight percent increase effective January 1, 2007, and a seven percent increase effective January 1, 2008. BACKGROUND, ANALYSIS, AND ALHRNATIVES IDENTIFIED In 2004 the constant rainfall during the summer months produced very little need for lawn watering and less water was, therefore, purchased . This resulted in a depletion of the Water Utilities' fund reserves . In 2004 the audit revealed a decrease in water sales revenue from the 2002 level of approximately ten percent. Revenue for 2003 was $3,678,368 compared with revenue for 2002 of $4,074,276. This decrease in revenue was caused by a similar decrease in the amount of treated water pumped to the system, which was in turn due to both increased water conservation awareness and an increase in rainfall during the 2003 irrigation season . In 2004 the timing and the amount of precipitation, as well as continued conservation awareness, has resulted in an additional 20 percent drop in treated water pumped to the system from 2003 levels. It is therefore anticipated that 2004 re enues will be substantially less than those produced in 2003 . The current bond covenan ts govern the amount of revenue required. Revenues mU'st be 110 p ercent more than debt service after paying operation and maintenance expenses and must also maintain a debt reserve fund. Should the coverage requirement not be met, an independent rate analyst must determine th e increases in revenues needed to meet the coverage requirement in the fo llowing year. The proposed increase was reviewed by Black and Veatch Consulting Engineers and was determined to be appropriate. FINANCIAL IMPACT Black & Veatch was retained to analyze various rate increase alternatives. It was determined that 3 ,000,000 in additional bonding is required in the Water Fund to complete needed capital projects and maintain an adequate fund balance. The rate increases are necessary to meet bond coverage requirements for the current and proposed bond issues. It is proposed that the increase of six percent passed by Resolution No. 71, Series 2003 be amended and be replaced by an increase of 15 percent effective January 1, 2005, an increase of eight percent effective January 1, 2006, an increase of eight percent effective January 1, 2007, and an increase of seven percent effective January 1, 2008. Bond covenants require that the City of Englewood maintain a certain minimum debt ratio. In 2002 Englewood fell below the minimum requirement The rate increases presented are projected to insure bond covenants are met until 2008 unless there are unexpected revenue shortfalls or unanticipated expenses . LIST OF ATTACHMENTS Resolution . Summary of Water Rate Findings Study. t MO. SERIES OF 2004 A ~OLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE effl'rc>MERS OF THE CITY OP ENOLBWOOD. . WHEREAS, the Englewood Ho.me Rule Charter, Section 123, requires City Council to set water rates by Resolution; and WHEREAS , with the passage of Resolution No. 71, Series of 2003 the Englewood City Council authorized a water rate increase; and WHEREAS, the passage of Resolution No. 40, Series of 1996 authorized a water rate increase; and WHEREAS, the proposed water rate increase is deemed necessary to cover the depleting Water Utilities' Fw,d rescTVes; and WHEREAS, the 2004 audit revealed a decrease in water sales revenue from the 2002 level of approximately I 00/o; and WHEREAS , the current bond covenants govern the amount of revenue required, revenues must be 1100/o of the debt service after paying operation and maintenance expenses and must also maintain a debt reserve fund; and WHEREAS, should the coverage requirement not be met, an independent rate analyst must determine the increa5CS in revenues needed to meet the coverage requirement in the following year; and WHEREAS, the proposed incteaSC was reviewed by Black and Veatch Consulting Engineers who determined that an increase was appropriate; and WHEREAS, the Water and Sewer Board recommended the proposed increases at their October 12 , 2004 meeting. OW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, TIIA T : Section I. The current water rates and fees established by Resolution No. 71, Series of 2003, which is an increase of 6•;. sc heduled for January I, 2005 is hereby repealed. Section 2. Water rates for the City of Englewood shall be subject to cumulative' increases for the next four-year-period (200S -2008), as follows : On January I, 2005, the current water rates and fees shall be increased by 15%. On January I , 2006, the water rates and fees exi ting on and after January I, 200S shall be incrc cd by ~lo . On January I , 2007, the water rates and fees existing on and after January I, 2006 shall be increased by 8%. On January I, 2008, the water rates and fees existing on and after January I , 2007 shall be increased by 7%. ADOPTED AND APPROVED this 18th day of October, 2004. ATIEST: Douglas Garrett, Mayor Loucrishia 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 of 2004. Loucrishia A. Ellis, City Clerk 0 City of Englewood, Colorado Summary of Water Rate Flndlnp Study 0 Black & Veatch has conducted an independent study of the City's water rate findings. This study has been conducted according to the tenns oi the City's loan agreement with the Colorado Water Resources and Power Development Authority. Black & Veatch study findings are as fpllows: 1. City staff developed a Water Utility Rt:vt:flMt: Shortfall Prt:senlalion report. The report includes several alternatives to adjusting water rates for 2005 through 2009. This report is attached to this report for reference. 2. The City has experienced unusually low water sales revenue during 2003 and 2004. The reduced revenue in 2003 was primarily due to voluntary drought-related reduction in water usage. Unusually high precipitation dud!!g ,..,. irrigation season caused even lower water usage in 2004 resulting in further revenue reduction. Treated water pumped to the distribution system for the first eight months of 2004 is 21 % below the six-year average 1999-2004). Monthly pumpage and precipitation records for 1999 through 2004 are shown in the attached exhibit. 3. The 2004 water usage amount is unusually low and is not likely to recur on a regular basis. The 2003 water usage amount is probably more representative of City customer's usage patterns for conservation-minded customers and is recommended to be used as a basis for determining water sales revenue projections. 4. Black & Veatch has reviewed the assumptions, procedures and calculations of each model shown in the Water Utility Revenue Shortfall Pruenlation report and is recommending that Model 10 be used as a basis for adjusting water rates in 2005 through 2009. Model 10 assumes the usage amounts experienced in 2003 will continue in 2005 through 2009. 5. Black & Veatch recommends a 15% water rate increase be adopted in 2005 . This is 2% greater than the 13% increase shown in Model 10 and will increase the 2005 projected debt coverage ratio from 1.11 to 1.18. Although the CWRPDA loan agreement requires a minimum ratio of i .10, coverage ratios of 1.20 and greater are conunon practice for fiscally sound municipal water utilities and are recommended. 6 . Black & Veatch recommends the additional rate increases shown in Model 10 be adopted for 2006 through 2008. These include 8% increases in 2006 and 2007 and a 7% increase in 2008. Tiiese increases are projected to increase debt service coverage ratios to a miniroom of 1.21 begiooing in 2006. The revised Model 10 is attached showing the recommended increases. 7 . TIie City should annually review the fiscal health of the water utility including the ability to comply with the CWRPDA loan agreement prior to implementing each rate increase . 8. The City should undertake a water cost of service rate study in 2005 . This study will determine the cost of providing water service to residential, COlllllleR:ial, and irrigation customer classes and provide an equitable basis for determining water rates. The last such study was conducted over 20 year.; ago . The study will also examine nae structures to promote water conservation. Black & Veatch Corporation September 25, 2004 February lf!att-li April June Ii; Auguat leP~iiiWf CFS October ltn,imgl Annuel Through Augua1 Percent of I-year •--sie February Aprll ~- June uly August INRI 04 Annuel Through Auguat Percent of 8-yu, •--sie I l, __ J I ALLEN FILTER PLANT MONTHLY TREATED WATER PUMPAGE AND PRECIPITATION 111911 151.113 IIMVi 111.1114 C "SD1'J9i 337.345 43M'Clf5 330.831 s nrzrrr,&mrzr 200.820 ilYHF 151.837 2006.642 11% 111911 Truted Waw Pumped to Dletrlbutlon Syatem Ill/lion Ga/Iona 2000 145.1111 lf2,!M1 211.827 CJH. 438.940 1"1iilP 315.403 C OIM• 1N.007 l>NJI@ 114.813 2330.111 118'1. 2000 2001 140.115 IM 117.178 400.555 11Mt 312.211 Fmff 221.122 ,,,11, 114.054 2103.029 104'1. 2001 2002 142.100 278.557 1ua1 313.1114 ·,ya 351.3114 111"'7 174.112 a ;mow 151.101 2115.712 1Dl'I. 2002 2003 137.308 143.411 H.IM 283.117 h 3n,797 UC 234.511 M•E 138.352 1IIO.III 113'!1, 2003 2004 131.112 142.758 idiL40 281.275 2n.1eo r stt :z 1 72 15 1518.341 79'll. 2004 J.I ,, ... \ 0.15 oJ• 5.0I 2.37 2.52 3.22 0.31 WMt 0.21 17.45 147"' 0.23 , .. OM IF 0.71 2.12 1 0.47 0.27 10 11.43 17"' 0.14 llt:1. 1.21 1 1.53 0.71 O.OI 0 .14 a 14.21 121'1. 0.11 0 .07 0.31 op o .• 11 0.13 ON o.oo ff 3 .11 27"' 1.03 2.11 2.21 ,; a 2.27 WIG 0.02 O• 0.17 11 .n 1ft, 0.13 • 3.02 2.20 2.11 12.10 1~ CT 2017.1113 A--ae 1111-2004 11.14 lnlnOIN1''62 WATER ENnAPfWSE: F\.N) I..._.C.....fo,2004! I I I 43.000 57.000 VFO lore I• $45,000 PAC• SS0.71131 ~---1210.000 CIS _.. • IUMl.000 ·-w•-11c:i.7311 ~---= Moc.W--~ -1100,000 I -- Didi • INIIMlw • 1100.000 -y-. 000 S--N-•ll40000 e.~Alll.•11lillODO SCIW&NW...,.•$17000 IWllhW--· 000 50000 /Sh9mwnT .. IWlab•l1t1000 1rda Tn Alhlb. ltlOCXIO Mllc.W-~ •1100000 CASHA.OWlmDEI ATI'EIIPTSTOREIIOVEALLCONTINGENCY;.~!!M·--' ,· ...... _ • « r:.· .... '!., .-,t\,-.(~tj..~· ~ -_;--~ .. 1~, IUlli. FINANCING IN 1117: GO IOND AEF1tWCE .. 1• ------------' - c..----c..--- I ,, 01,.211 I 3,IU,l71 I :S.111.8• ,. ·-ooois •-CIIO • 1"• I •ta&.2311 --,. ...... 1 ,m,-·-·-, ·-UJII '""·-. ,. IIU ., ......... .. ,:M:l'.U RAW WATER 1,177.U, 1,11G.1211 1.-t 110.820 1-810.820 1•-120 tltu.GO 1110.121 111 CITY DITCH 1:11,CIM M,519 M.519 .... ,. .. ...,. ... ,. Mm .. .... 71 0Tt£A 1Ml10S 2111770 21·-150000 1 1 ... 000 1"'1000 1ao-1-~ rra AL AEVEM.£ 1,537.233 1,115,537 ··-15.311.tN ·-714'.911 7 ,., ,.a, 1-41 I oe-11,419.517) . !IA8,Gl7) 11.11•~ ~--IIU17-211 1 --- FRAHCHSE TAX ,,21-1109-11 1 ,., 1 1mm 1 1 1 NET OPE.RATING REVENUE Nl.322 1,011.903 1131,31' 117 IIU ,.3'1 tS71!17t 1711115' 1aa 1 • lll40.""3! -712) (115.712) ~ 1 1n7 .~ (' 17.033) 1173.'"3) 1173.4631 -('2701~ (41ul.Blll FUTUAE DEBT SERVICE 11 - I ROUTINE CAPITAL REPI.ACE 1128747\ ~---148. 1331 ""' ... -- AVAILA8l.E REVEN..IE C2IIO,Ol1) 1163,225) IIM,aM) 11Cli. 1711.Ual tm.121 ta'31 I INTEREST~ ... 1. • IIUIO 11.115 I0.000 I0.000 811.CJIID ... ooo IW.ANCE FOAWAAO 5,&111.708 ---.,_ ·= 1-317 .. 787 .. A TO BCN> A.N> lOAH • GENERAL FUND NEW DEIT PROCEEDS 000 AVM.A8t.£ FUNDS 5.!01,793 ---._ IOI • 3.1 it,71 .. 717 .. 121 1B ~ ~ CAP'fTAl PAOJECTS ($13,37') (1,113,321) ,,., .... , 1 DISTRt8UTlON SYSTEM 100 1 1 CONNECTION FEES ,~ ... 10 .. --10-1•000 1 1 S.0!12.2MI 3,431, .... un.-• 1-317 t 1--. . • 717 • ··--7-121 DEBT SERVICE RESERVE FUND 111•-· 111•-• 11290. I 1 • ' ' . 1 • 1 1 ITOTAL CASH Unrestric1ect 3.1'3.24' I .......... . 2,127.-I 252.317 • 1131'-7711 s 1-• • 1.va.717 a 1-.. I 1-121 WATER SALES REYE~ •1117CIIO 11--..14 II. · 1 1.114.230 RAWWATEA 111 111"_.. 1110.ao ~ Iii 171 150.000 150.000 1!11>.000 IIOOOO IIOOOO OD.000 NUE 10.000 10.000 10.000 I . 7.zW.110 7 Tit .. --"311 l£SS0&M --A417.21 .... ---1 LESS FRANCMSE TAX 1'7 1 1R721 1-1- NET REVENUE 1-341 1 .. 1,;i,v 1-1u 1 -1 0 .. OOTSEAVICE 1 ... 750 ,-.. 1--1:IIUG 1.-a, COIIEIWIEMllO 1.11 1.21 UI U7 uo • • I 11 ..... 0.1 t 7 -- COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 18, 2004 1 1 C iv Wage Reopener of the Collective Bargaining I Agreement Between the EEA and the City for 2005 Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Collective Bargaining Agreement with the Englewood Employees' Association was approved by Council for 2004 and 2005. The agreement includes a provision (Article 8, Section F) for the negotiation of 2005 salaries, in 2004. RECOMMENDED ACTION Staff requests Council approval, by resolution, of the salary provisions of the Collective Bargaining Agreement between the Englewood Employees' Association and the City of Englewood for 2005. The contract covers approximately 198 employees. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED The City of Englewood and the Englewood Employees' Association entered into wage negotiations in May of 2004 in accordance with the City of Englewood Charter. The negotiations resulted in impasse and the arbitrator, duly appointed by City Council to decide the matter, adopted the final offer of the City of Englewood. The only change to the contract is under Article 8, page 9 (F). Employees covered by the contract will receive a one and twelve one hundredths percent (1.12%) increase on the 2004 base wage rate effective January 1, 2005. FINANCIAL IMPACT The impact of the 1.12% wage increase for 2005 is approximately $95,318.00. Other significant increases based on the wage adjustment are for pension and social security/Medicare benefits · equa ling $27,086 for a total financial impact of $122,404. AlTACHMENTS Article 8, Compensation, of the EEA Collective Bargaining Agreement Award page of the arbitrator decision. Proposed Resolution . I, t ARTICLE 8. COMPENSATION A. Each employee in the classified service shall be paid within the range set forth in the City of Englewood 2004 Compensation and Classification Plan for the position in which they are employed. (See Plan document for details.) B. At least the minimum rate of pay for a position shall be paid to an employee who is starting his employment with the City. C . When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at an amount closest to his/her current rate in the grade established for the position. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: 1) The employee is on leave without pay. (See Article 26. Leave of Absence Without Pay) 2) The employee terminates his employment and later is reemployed . The new anniversary date shall be determined by his new employment date . E. All performance pay awarded to the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance, as evidenced by the performance evaluation. Fundamental changes to A -E (above) will be made only with prior consultation and review with association representatives. F . Employees of the City of Englewood represented by the Englewood Employees Association and covered by this Contract shall receive a one and twelve one hundredths percent 1 .12%) increase on the 2004 base wage rate effective January 1, 2005. 9 In accord with the findings and conclusions herein and pursuant to the authority vested in me by the Home Rule Charter of the City of Englewood Colorado, specifically Section 137:6 thereof, I adopt the final offer of the City of Englewood for resolution of the 2004 collective bargaining impasse between the Englewood Employees' Association and the City of Englewood relative to the final outstanding issue in dispute between the parties as follows: All memben of the ~argaining unit of the Englewood Employees' Association shall receive a 1.12 percent increase over their 2004 base wage, effective January 1, 2005. September 17, 2004 Loveland, Colorado 38 John P. Difalco Arbitrator NO. SERIES OF 2004 J. A RESOLUTION AUTHORlZING THE SALARY PROVISIONS OF THE COU,ECTIVE e'AllOAJNINO AORBEMENT BETWEEN nlE ENGLEWOOD iMPllnlia ASSOCIATION AND THE CITY OF ENGLEWOOD FOR 2005. WHEREAS, the City Council of the City ofEnglewood authorized ''The Collective Bargaining Agreement'' with the Englewood Employees Association for January I, 2004 through December 31, 2005, by the passage of Resolution 68, Series 2003; and WHEREAS, "The Collective Bargaining Agreement'' which was authorized by Resolution 68, Series of 2003 included a provision for negotiation of 2005 salaries in 2004; and WHEREAS, the City of Englewood and the Englewood Employees Association entered into wage negotiatiom in May, 2004 in accordance with the Englewood City Home Rule Charter and the contract provisions; and WHEREAS, the wage negotiations for 2005 salaries resulted in impasse and an arbitrator was appointed by the Englewood City Council to decide the matter; and WHERAS, after arbitration, the arbitrator decision adopted the final offer of the City; and WHEREAS, the passage of this Resolution will authoriz.e the provisions of the "Collective Bargaining Agreement" between the Englewood Employees Association and the City of Englewood for the year 2005; and WHEREAS, the only change to the contract is under Article 8, page 9 (F); Employees covered by the Contract will receive one point twelve percent (1.12%) increase over the 2004 base wage rate effective January l, 2005 through December 31, 2005; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby approves the salary provisions for the year 2005 of the Collective Bargaining Agreement, Article 8-Compensation, attached hereto as Exhibit A, between the Englewood Employees Association and the City of Englewood for the period of January l , 2005 through December 31 , 2005 . t Section 2. The Mayor and the City Clerk arc hereby authorized to sign and attest the wage provision of the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood, Colorado, for the period ofJanuary I, 2005 through December 31 , 2005 . ADOPTED AND APPROVED this 18,i, day of October, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia 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 of 2004. Loucrisbia A. Ellis, City Clerk ARTICLES.COMPENSATION A. Each employee in the classified service shall be paid within the range set forth in the City of Englewood 2004 Compensation and Classification Plan for the position in which they are employed. (See Plan ~ent for details.) B. At least the minimum rate of pay for a position shall be paid to an employee who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at an amount closest to bis/her current rate in the grade established for the position. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: · 1) The employee is on leave without pay. (See Article 26. Lea~e of Absence Without Pay) 2) The employee terminates his employment and later is reemployed. The new anniversary date shall be determined by his new employment date. E. All performance pay awarded to the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon_performance, aa evidenced by the performance evaluation. Fundamental changes to A -E (above) will be made only with prior consultation and review with association representatives. F. Employees of the City of Englewood represented by the Englewood Employees Association and covered by this Contract shall receive a one and twelve one hundredths percent 1.12%) increase on the 2004 base wage rate effective January l, 2005. 9 Q COUNCIL COMMUNICATION Date: Subject: October 18, 2004 Agenda Item: 11 CV Collective Bargaining Agreement between the EPBA and the City for 2005 and 2006 Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Police Benefit Association was approved by Council for 2004 and 2005. The agreement includes a provision for the negotiation of 2005 salaries and health/dental insurance in 2004. RECOMMENDED ACTION Staff requests Council approval, by resolution, of the duration, wage and insurance provisions of the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for the years 2005 and 2006. The contract covers approximately 54 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Police Benefit Association entered into negotiations in May of 2004 in accordance with the City of Englewood Charter. The negotiations resulted in impasse and the arbitrator, duly appointed by City Council to decide the matter, adopted the final offer of the City of Englewood . The significant changes to the contract are as follows : 1. A 1.12% increase on 2004 wages will be granted on January 1, 2005 . 2. A 1 % increase on 2004 wages will be granted on July 1, 2005, providing the City has met certain revenue collections. 3. A 1% increase on 2004 wages will be granted on October 1, 2005 providing the City has met certain revenue collections . 4. Two increases will be granted in 2006, on January 1 and July 1, based on : 1) a salary survey to be conducted in 2005 to determine the market rate, and 2) the City's revenue situation. 5. The duration of the contract was extended through December 31, 2006 . 6. Medical and dental employer/employee premium splits were changed from 85%/15% for all le els of coverage to 90%/10% for ~employee only" coverage, 85%/15% for "employee plus one# coverage and 80%/20% for "family" coverage . t C . FINANCIAL IMPACT The impact of the salary increase on wages will be approximately $55,500 for 2005. Other significant increases based on the wage adjustments are for pension and Medicare benefits equaling $9, 800, for a total 2005 financial impact of $65,300. The impact of the salary increase on wages for 2006 will be dependant upon the market differential determined by the 2005 salary survey and the City's financial situation. Each 1 % increase to wag(.,s will cost approximately 30,000. Additional costs associated with 2006 wage changes will not be known until the actual wage changes are calculated in 2005. LIST OF ATTACHMENTS EPBA Collective Bargaining Agreement Cover Page for 2004 -2006. Article 1. Duration of Contract. Article 9. <;ompensation. Article 26. Insurance. Appendix A. Arbitrator's Decision. Proposed Resolution . CONTRACT BETWEEN THE CITY OF ENGLEWOOD ANDTHE ENGLEWOOD POLICE BENEFIT ASSOCIATION FOil THE YEARS 2004 -2006 This reproduction of the 2004-2006 Contract has been prepared by the Human Resources Department for distribution to all covered Police officers so that everyone will be awue of the rights and benefits contained herein . ARTICLE 1. DURATION OF CONTRACT A . This Contract shall take effect on January 1, 2004 and shall continue in force to and including December 31, 2006. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement of such article or section. D . The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future sllltutory or case law of the State of Colorado\ E . The parties acknowledge that during negotiations which resulted in this Contract bad the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for negotiation discussions and that the undenlllndings and agttcments arrived at by the parties after this exercise of that right and opportunity arc set forth in this Contract. 2 t ARTICLE 9 . COMPENSATION A. For the period January 1, 2005 through June 30, 2005 the rate schedule is as shown below. This schedule represents a 1.12% increase over the 2004 rate. For the period July 1, 2005 through September 30, 2005 an additional 1% (alculated on the 2004 rate) will be granted per the schedule below, but only if the city's revenues meet the projections as described in Appendix A•. An additional 1 % increa,,e w'Jl be granted on October 1, 2004 for the period October 1, through December 31, 2005, but only if the City's revenues meet the projections as described in Appendix A•. Regular Straight Regular Straight Reguliir Straight Time Hourly Rate Time Hourly Rate Time Hourly Rate 1/1/05 to 6/30/05 7 /1/05 to 9/30/05* 10/1/05 to 12/31/05* Police Officer V $19.83 $20.03 $20.23 Police Officer IV $21.09 121 . .w $21.51 Police Officer 111 $23.20 $23.43 $23.66 Police Officer II $25.51 $25.77 $26.03 Police Officer I $28.06 $28.34 $ 28.62 B. Wages for 2006 will b'e based upon the 2005 Salary Survey as described in Appendix A. Class Increase . The wage increase provided for Police Officer 4th Class through 1st Class shall not be considered automatic, but rather hued upon meritorious service, Sad clus inc:reue may be pnted or denied to any individual Police Officer upon recommendation of the Du:ector of Safety Services and with the approval of the City Manager upon written notice to such individual Police Officer, The date in which the class increase is approved sball determine the new clus anniversary date. II ARTICLE 26. INSURANCE A. MEDICAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of "family'' coverage for medical insunnce. Employees will pay 10%, 15% or 20% of the premium cost. B. DENTAL The City will pay ninety percent (90%) of the premium cost for "employee only'' coverage, eighty-five percent (85%) of the premium coat for "employee plus one" coverage and eighty percent (80%) of"&mily'' coverage for dental insuiancc. Employees will pay 10%, t 5% or 20% of the premium cost. C. LIFE T can life insurance will be provided by the City for employees covered by this Contract in an amount equal to one year's salary as specified in Article 9..A or B, Compensation, whichever applies, not to exceed $50,000. D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-gricvable item under this Contract. 30 A. 2005 Wages Appendix A To the Englewood Police Bene.fit Association Collective Bargaining Agreement, 2004-2006 0 r-----. l ) l ~. l. A 1.12% (2003 Denver/Boulder/Greeley CPI-W) increase will be granted to all EPBA employees on January l, 2005, which will remain in effect for the life of this contract. 2 . Subject to the provisions of#3 below, an additional l % increase (calculated on 2004 wages) will be granted to all EPBA employees on July 1, 2005, which will remain in effect for the life ofthis contract. 3. No increase will be granted on July l, 2005 unless the City's total General Fund revenues for the period ending June 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending June 30, 2004. 4 . Subject to the provisions of#5 below, an additional 1% increase (calculated on 2004 wages) will be granted to all EPBA employees on October l, 2005, which will remain in effect for the life ofthis contract. 5. No increase will be granted on October 1, 2005 unless the City's total General Fund revenues for the period ending September 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending September 30, 2004. 8. The collective bargaining agreement between tile City and tile EPBA for 1/1/04 through 12/31/05 will be extended through 12/31/06. C. 2006 Wages l. The "mark.et median," will be based upon the 2006 median wage of either the top rate for the highest ranking police officer or maximum of the salUY, range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The survey will be conducted in the 4th quarter of2005 by the Human Resources Department, with the concurrence of the EPBA. The City and the EPBA will meet by November 1, 2005 to approve the survey and finalize the salary table for 2006, subject to #2 through #7 below. 2 . Using the "City of Englewood, General Fund Revenue, Expenditure and Fund Balance" report, if the total General Fund revenue collections are 1.8% higher for calendar year 2005 ovc.T calendar year 2004, on January l, 2006 the City will grant Y1 of the percentage increase necessary for the EPBA employees to reach the market median . 3. If the 2005 total General Fund revenues are not at least 1.8% higher than 2004 total General Fund revenues, the increase in #2 will not be granted. 4 . On July l , 2006, if total General Fund revenue collections at June 30, 2006 meet or exceed June 30, 2005 General Fund revenue collections by 2.3%, Y1 of the percentage increase necessary to reach median will be granted. 5. If the total General Fund revenues through June 30, 2006 do not meet or exceed June 30, 2005 total General Fund revenues by 2 .3%, no increase will be granted on July 1, 2006. 6. By August 1, 2006, if the increase in #5 is not granted, an upward adjustment of Y. ofthe percentage increase necessary to reach median (as shown in the 2005 salary survey) will be granted retroactive to January 1, 2006. 7. Ifthe year to date General Fund revenue collection numbers arc not available during the pay periods which include January 1 and July 1, wage increases, if applicable, will be granted retroactively to those dates. ii t This arbitrator finds the followin& points of paramount importance in relation to the considerations required by the City Charter : l ) Tbe interest and welfare of the public 111d the timacial ability ofthe City to bear the cost involved must consider the revenues IDd apmms to the city . The City bu dearly shown dial it will, without tipiflca111 CUii in ..w:es, have expenditures of approximately Sl,000,000 dollars moretbua apec:ted revenues for 2004. While January 2004 tbraup April show a llipt--in Sales IDd Use Tax revenues, May throup July lbow a slipt decnue. The outlook tbr 2005 by tbe City Slill requires the coarinied UN ofraaw lmda to keep up with apenditure inc:reues. Tbae reserves are one time only lmda and should not be UNd lbr n,c:urnna costs u:11 • waaes-c~ ...... project a de6cit of Sl,I00,000 tor 2005 . 2) The lawt\il IUtbori1y ofthe city~ no role in this matt• ot!IS tban references made to TABOR. cooc:auina the required vote oftbe people tbr tax increues and dill two 1ecea1 pn:ipaall by the city tllillcl by 2-1 ....-. 3) The Slipullliom altbe par1ill ..... relalld to tbe tlldiihils and included Aao cialion Exbibill 1-6 ad 11-13 . 4) Wblll lbl IClUal salarill paid by the City are Ulld tbe comparilon ofwaaes, hours, i..illla iDdic:ale tbal EnpM>Ocl omc:.n an in a reuambly favonble position. 5) The COIi all.ivina Stalillics (CPI-W) fbr 2003 wu 1.2%. The averap increase for tbe lall 5 ,_.. of'l.11%. Ollclr lalary .-owr tbe ame period have awnpt 4 .12%. The City's propoal ..-a 1.2% iDCnllN and ifthe City's by• .. 1.1% by Ocloblrl, 2005 tbe Olk:en wap IDd bwlftls wculd i..-by•,.,...., 3.112%. 6) The~ ccmpe ..... acblally receiwd by Eqlewood oB1c:en including difect wap comp11..aicm; vacation, bolidaya and ocber exc:uMd time; inlurwe and pmtioD; medical and ,.,.,. .. blDl8tl; tbe caatiauity IDd sability of llllpOYIDIIII IDd .. Olblr blDl8ts, COlllplRI tkwnbly with their COUDterpl1tS in oct. c:i1ile ..,,.,.S. The City's propoal allmlptl to buically maintain this, subjecl to appopai818 and nn::ipmed meaua incrwa. The arbilralot ftnds in fawr oftbe City 's flllal olfer u praemed to the City Clerk on July 1. 2004 (Attached) A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE # BMlOAJNiNG CONTIACI' BETWEEN 1llE ENGLEWOOD POUCB BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2005-2006. WHEREAS, the City Council of the City of Englewood authorized "The Collective Bargaining Agreement" with the Englewood Police Benefit Association for the years 2004-2005 by the passage of Resolution No. 74, Series of 2003; and WHEREAS, "The Collective Bargaining Agreement" which was authorized by Resolution No. 74, Series of 2003 included a provision for the negotiation of 2005 salaries and health/dental insurance in 2004; and WHEREAS, the City ofEnglewood and the Englewood Police Benefit Association entered into salary and health/dental insurance negotiations in May, 2004 in accordance with the Englewood City Home Rule Charter; and WHEREAS, the salary and health/dental insurance negotiations for 2005 resulted in impasse and an arbitrator was appointed by the Englewood City Council to decide the matter; and WHEREAS, after arbitration, the arbitrator's decision adopted the final offer of the City; and WHEREAS, the passage of this Resolution will authorize the provisions of the Collective Bargaining Agreement Between the City and the Englewood Police Benefit Association for the years 2005 and 2006; and , WHEREAS, the significant changes to the contract are: I. A 1.12% increase on 2004 wages will be granted on January I, 200S . 2. A I% increase on 2004 wages will be granted on July I, 200S, providina the City bu rnet cenain revenue collections . 3. , % increase on 2004 wages will be granted on October I, 200S providina the City ha s met cenain revenue collections. 4. Two increases will be granted in 2006, on January I and July I, hued on : I) A salary survey to be conducted in 2005 to determine the market rate, and 2) The City's revenue situation . 5. The duration of the contract was extended throuah December 31, 2006. 6. Medical and dental employer/employee premium splill were chlnpd INlln 15,._,.U.,_ for all levels of coverage to 90"/o/100/o for "employee only" coven,e, 15%/U.,_ for e mployee plus one" coverage and 80-/.120% for '1'1m1ly" coven,e. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: The City Council of the City of Englewood, Colorado hereby approves the changes to the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood for January I, 200S thro gh December 31, 2006, attached hereto as Exhibit A . The Mayor and the City Clerk arc hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood, Colorado. ADOPTED AND APPROVED this 181b day ofOctober, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia 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 of 2004. Loucrishia A. Ellis, City Clerk CONTRACT BETWEEN THE CITY OF ENGLEWOOD ANDTHE ENGLEWOOD POLICE BENEFIT ASSOCIATION FOR. THE YEARS 2004 -2006 This reproduction of the 2004-2006 Contract has been prepared by the Human Rcsc....:.:cs Department for distribution to all covered Police officers so that everyone will be awue of the rights and benefits contained herein. ARTICLE 1. DURATION OF CONTRACT A. This Contmct shall aake effect on Januuy 1, 2004 and shall continue in force to and including December 31, 2006 . B. This Conaact, or any put ofit, may be temiinated or i:e:negolimd at any time by mutual consent ofboth patties. C. If any article or section of this Contmct should be held innlid by opa:ation of law or the Disa:ict Court, or if compliance with or enforc:ement of any article or section should be restrained by such Disa:ict Court, the rern•ioder ofthis Conma shall not be affected thereby and this Conttact shall remain in full force and effect, and the parties shall promptly negotiate for the puipose ofattempting to amve at a mutually satisfactory replacement of such article or section. D. The parties agiee and understand that provisions tdatiog to employees covered by this Conttaet shall in no way displace or modify present or future statutory or cue law of the State of Colorado. E. The patties aclmowledge that during negotiations which resulted in this Contract had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for negotiation discuuiom and that the undemwdiogs and agreements amved at by the panics after this exercise of that right and opportunity ue set forth in this Conttact. 2 C ARTICLE 9. COMPENSATION A . For the period January 1, 2005 through June 30, 2005 the i:ate schedule is u shown below. This schedule repi:esents a 1.12% inaeue over the 2004 i:ate. For the period July 1, 2005 through September 30, 2005 an additioml 1% (calculated on the 2004 i:ate) will be granted per the schedule below, but only if the city's reve11ues meet the projections u described in Appendix A*. An additional 1% inaeue will be granted on October 1, 2004 for the period October 1, through December 31, 2005, but only if the City's revenues meet the projections u desaibed in Appendix A*. Regular Straight Regular Straight Regular Straight T.une Hourly Rate T'unc Hourly Rate Tune Hourly Rate 1/1/05 to 6/30/05 7 /1/05 to 9/30/05* 10/1/05 to 12/31/05* Police Officer V $19.83 $20.03 $20.23 Police Officer IV $21.09 $21.30 $21.51 Police Officer ill $23.20 $23 .43 $23.66 Police Officer ll $25 .51 $25.n $26.03 Police Officer I $28.06 $28.34 $28.62 B. Wages for 2006 will be based upon the 2005 Salary Survey u desaibed in Appendix A. Class Incr;ase The wage increase provided for Police Officer 4th Class through 1st C1au shall not be considered :lutomatic, but i:ather based upon mei:itorious semce. Said class inaeue may be granted or denied to :lily individual Police Officer upon recommeod1rion of the Duector of Safety Services llld with the approval of the City Manager upon watten notice to such iadmdual Police Officer. The date in which the class inaease is approved shall dclamine the new class umivenuy date. 11 ARTICLE 26 . INSURANCE A. MEDICAL The City will ·pay' omety pe?Cent (90%) of tbe premium cost for "employee only'' coveage, eighty-five pe?Cent (85%) oftbe premium cost for "employee plus one" coveage and eighty percent (80%) of"&mily" coveage for medi.c:al imumice. Employees will pay 10%, 15% or 20"/o of the premium cost. B. DENT.AL The City will pay omety percent {90°/•) of tbe premium cost for "employee only'' coverage, eighty-five percent (85%) oftbe premium cost for "employee phis ooe" coveage and eighty percent (80%) of"family" coveage fordenailimunnce. Employees will pay 10%, 15% or 209/o of the premium cost. C. LIFE Temi life insurance will be provided by the City for employees covered by this Conaact in an amount equal to one years samy as speci.6ed in .Article 9.A or B, Compensation, whichever applies, not to exceed $50,000. D . Any dispute concerning the interpretstion or application ofbenefirs provided under tbe health or denail plans shall be subject to the plan appeal pmcess. It is expressly understood that this article is a i;i.on-grievable item under this Contract. JO 0 A. 2005Wages A.ee,,ullx A To the E11gllwood Pollu Ba,eftt A.ssodlllio11 Collective Bargainillg A.,,..,.,au, 2004-2006 1. A 1.12% (2003 Denver/Boulder/Greeley CPI-W) increase will be granted to all EPBA employees on January 1, 2005, which will remain in effect for the life of this contract. 2. Subject to the provisions of#3 below, an additional 1% increase (calculated on 2004 wages) will be granted to all EPBA employees on July 1, 2005, which will remain in effect for the life of this contract. 3. No increase will be granted on July l, 2005 unless the City's total General Fund revenues for the period ending June 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending June 30, 2004. 4. Subject to the provisions of#5 below, an additional 1% increase (calculated on 2004 wages) will be granted to all EPBA employees on October l, 2005, which will remain in effect for the life of this contract. 5. No increase will be granted on October l, 2005 unless the City's total General Fund revenues for the period ending September 30, 2005 meet or exceed by 1.8 % the 2004 total General Fund revenues collected for the period ending September 30, 2004. B. The collective bargainin& qreement between tile City ud tile EPBA for 1/1/04 tllrough 12/31/05 will be extended tllrough 12/31/06. C. 2006 Wages l . The ''market median" will be based upon the 2006 median wage ofeither the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Ar.vada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The survey will be conducted in the 4111 quarter of2005 by the Human Resources Department, with the concurrence ofthe EPBA. The City and the EPBA will meet by November l, 2005 to approve the survey and finalize the salary table for 2006, subject to #2 through #7 below . 2. Using the "City of Englewood, General Fund Revenue, Expenditure and Fund Balance" report, if the total General Fund revenue collections arc 1.8% higher for calendar year 2005 over calendar year 2004, on January l, 2006 the City will grant Yi of the percentage increase necessary for the EPBA employees to reach the market median. 3. If the 2005 total General Fund revenues arc not at least 1.8% higher than 2004 total General Fund revenues , the increase in #2 will not be granted. 4 . On July l , 2006, if total General Fund revenue collections at June 30, 2006 meet or exceed June 30, 2005 General Fund revenue collections by 2.3%, Yi of the percentage increase necessary to reach median will be granted. 5. If the total General Fund revenues throush June 30, 2006 do not meet or exceed June 30, 2005 total General Fund revenues by 2.3"., no increase will be granted on July l, 2006. 6. By August l, 2006, if the increase in #Sis not granted. an upward adjustment of of the percentage increase neceuary to reach median (a shown in the 2005 salary survey) will be granted retroactive to Jamary 1, 2006. 7. Ifthe year to date Ge:mnl Fund revenue collection nmnben are not available during the pay perioda which include January 1 and July 1, wage increues, if applicable, will be granted retroactively to those dates. ii t This arbitrator finds the following poims of paramoum importmce in relation to the considerations required by the City Charter: 1) The interest and welfive ofthe public and the financial ability oftbe City to bear the cost involved must consider the revenues and eq,emes to the city. The City 1w clearly shown that it will, without significant cuts in services, have axpenditm'es of approximately $1,000,000 dollars more than expected revenues for 2004. While January 2004 through April show a slism increase in Sales and Use Tax revenues, May through July show a slisftt decrease. The outlook for 2005 by the City still requires the continued use ofreserve lbDds to keep up with expenditure increases. These reserves are one time only funds and should not be used for recurring costs such as waps. Cumnt estimates project a delicit of 1,800,000 for 2005. 2) The lawful authority of the city played no role in this !Ditter other than references made to TABOR concerning the required vote oftbe people for tax increases and that two recent proposals by the city failed by 2-1 margins. 3) The Stipulmons of the parties were relued to the exhilm and included Association Exbibiu 1-6 and 11-13. 4) When the actual salaries paid by the City are used the comparison of wages, hours, benefits indicate that Englewood officers are in a reasonably favorable position. 5) The Cost ofLiving Statistics (CPI-W) fur 2003 wu 1.2%. The average increase for the last S yem of2.88'Ye. Officer salary i.acreues owr the 511118 period have averaged 4.12'~. The City's proposal guaramees a 1.2% increase and if the City's revenues im:reue by at least 1.8% by Oc:toberl, 200S tbe OfBcers wap 11111 benefits would increase by an esrimared 3.82%. 6) The ownll compensarion actually received by Enaiewood officers including direct wage compensarion; vacation, holidays and other excused time; imuraDce and pension; medical and hospitalization benefia; tbe conmmity and mbilhy of employmem and all other benefits, compares favorably with tbcr coumeq,u cs in other cities surveyed. The City's proposal anempa to buic:ally maimain this, subject to app,opiiale and amicipated revenue incrales. The arbiaaor finds in favor oftbe C~'s final offer as presemed to the City Oerlt on July 1. 2004 . (Attac!led) COUNCIL COMMUNICATION Date: Agenda Item: Subject October 18, 2004 11 C Vi 2005 Cost of living Adjustment Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved a resolution in 2002 granting 2003 wage increases of 3.8% for managerial, supervisory, a_nd confidential employees of the City of Englewood and 3.8% for part-tim, employees. No increases were granted for 2004. RECOMMENDED ACTION Staff requests Council approval of the attached resolution for a cost of living adjustment (COLA) for calendar year 2005 for the following groups of employees: Managerial and supervisory employees (General Services, Police and Fire) Confidential employees Part-time employees BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Employees covered by this resolution will receive the following increase on the 2004 base wage rate: Managerial, supervisory and confidential employees Part-time employees 1.12% 1.12% The increase will be effective on January 1, 2005. The adjustments are comparable to the 1.12% increase to be awarded the Englewood Employees Association . FINANCIAL IMPACT The projected impact of the COLA on wages for 2005 is approximately $97,900 for managerial, supervisory and confidential employees and $11 ,242 for part-time employees. ATTACHMENTS Pro posed Resolution . J SERIES OF 2004 A RESOLUTION APPIWVINO COMPENSATION ADJUSTMENTS FOR MANAGERIAL, SUPERVISORY, CONFIDENTIAL AND PART-11ME EMPLOYEES OPTHBCITYOP .IINCIUlflooD FOR THE YEAR 2005. WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of managerial and supervisory employees within the service of the City of Englewood; and WHEREAS, by virtue of managerial and supervisory duties assigned to these positions by the City Manager, it has been determined that they arc excluded from membership, participation or representation in any collectively bargained employee syslem of thc City of Englewood; and WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the establishment of confidential employees within the service of the City of Englewood; and WHEREAS, by virtue of the duties assigned to these positions by the City Manager or the City Attorney, it has been determined that they arc confidential and therefore thc City makes no promise of continuous employment, permanent employment or any specific length of employment and these employees arc therefore excluded from membership, participation or representation in any collectively bargained employee 1ystem of the City of Englewood and arc exempt from the Career Service System; and WHEREAS, part-time employees arc defined as those wonting fewer than 40 hours per week; and WHEREAS, the City malces no promise of continuous employment. permanent employment or any specific length of employment and these cmployCCll arc therefore excluded from membcnhip, participation or representation in any collectively bargained employee system of the City of Englewood and arc exempt from the Career Service System; and WHEREAS, this Resolution will not apply to Directors whose compensation is set by the City Manager; and WHEREAS, this Resolution will not apply to the City Manager, the City Attorney and the Municipal Coun Judge who arc compensated by the City Council under separate resolutions; and WHEREAS, this Resolution will not apply to employees represented by a recognized collective buJaining agent in the City of Englewood because they arc compensa\ed by contract under separate resolutions; and WHEREAS, the City Council desires to establish Compensation Adjustments for managerial, supervisory, confidential, and part-time employees, for the year 2005 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The Ci1y Council of thc City of Englewood, Colorado hereby approves the following pay inc reases on the 2004 base wage rate effective January I, 2005, for the calendar year of 2005 : t I) Managerial , supervisory, and confidential employees of the City of Englewood -1.12%. 2) Pan-time employees of the City of Englewood -1.12%. ADOPTED AND APPROVED this 18111 day of October, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia 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 of 2004. Loucrishia A. Ellis, City Clerk t 1. 2. 3 . AGENDA FOR THE ~ ~ ~ . REGULAR MEETING OF ~/ j) ~ ~ THE ENGLEWOOD CITY COUNCIL ~ YJ"" ~ r MONDAY, OCTOBER 18, 2004 v- 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 c,11 -roo,de,.f):~ ~ Invocation. ~ Pledge of Allegiance. a. Presentation of Colors by Cub Scout Pack No. 172. 4. Rof1C,11$ffiuud; /~ uw,j) 5. Consideration of Minutes ofrrevious Session . Off'-1:1} M;oo1e, &om th, R,..,,., c;~ Coood m"'"• of Ocrobe, ,.'2004~ 6. Recognition of Scheduled Public Comment. (f'I JQOAfl/av,d S. Myers, President and CEO o inut. 1m~ ontinued to 8 . Comrp s, Proclamations, and Appointments. fr; Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood 3 03 -7 62 -2 405 ) al least 48 hours in advance of when services are needed. Tori t 0 0 Englewood City Council Agenda October 18, 2004 Page 2 9 . Consent Agendt!:/f' ~-{) l?fw a. Approval of Ordinances on First Reading . i. Council Bill No 56 -Recommendation from lhe Utilities Department to adopt a bill for an ordinance approving Southgate Supplement No. 1S7 to lhe Connector's Agreement with Southgate Sanitation District STAFF SOURCE: Stewart H. Fonda, Utilities Director. ii. Council Bill No. 57 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement No. 158 to lhe Connector's Agreement with Southgate Sanitation District. STAFF SOURCE: Stewart H. Fonda, Utilities Director. iii. Council Bill No. 5.8 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving the City Ditch License Agreement and Construction Easement for 5051 South Windermere Street. STAFF SOURCE: Stewart H. Fonda, Utilities Director. b. Approval of Ordinances on Second Reading. 3 c. Resolutions and Motions. g- 10 . Public Hearing Items. (No Public Hearing Scheduled.) ff· 11 . Ordinances, Resolutions and Molions. a. Approval•of Ordinances on Firsl Reading. J() -#(',-ri i. Council Bill No, 60 -Recommendation from lhe Department of Finance and 1 O / l/ Administralive Services 10 approve a bill for an ordinance authorizing lhe issuance of JI ri general obligation bonds for various Water Fund Capital Projects. STAF~':)Rff:i? X...fd"1J Frank Gryglewicz, Director of Finance and Administrative Semc:es. f/1Jl(l,l1l/ ii. _council Bill No, 59 -Recommendalion from the Department of Finance and (!,/" Adminislralive Services to adopt a bill for an ordinance approving a refunding of lhe Ol::> Marks Apartments Variable Rate Demand Multifamily Housing Revenue Bonds, 1,1)_/ ~ Series B of 1985 . STAFF ~~ .. F:a~k Gryglewicz. Director of Finance and b I'~ 1;mAdministrative Services. C/U ~ Please note: If you have a disability and need auxiliary aids or sefVices, please no ·, the City of Englewood 3 03-762-2405) at least 48 hours in advance of when services are needed . Thank Englewood City Council Agenda O ctobe r 18, 2004 Page 3 0 V b . Approval of Ordinances on Second Reading. JfJiJ{I:-d i. Council Bill .No. 55, an emergency bill for an ordinance regarding ballot question No. 2A pertaining to municipal elections.~ AAIJ/jt _;Ii ii . Council Bill No. 52, approving the 2004 Mill Levy for collecti~n in 2005. ~ o.pruT ' c. Resolutions and Motions. J i. Recommendation from the Community Development Department to adopt a @,~ Ji_ resolution authorizing the FY2005 Community Development Block Grant , r. Application. STAFF SOURCE: Janet Grim~omnityDevelopment C1mJJ¥%-f f . OD'-'.'.:, Department Housing finance Specialist. J/"\ ii . Recommendation from the Utilities Department to adopt a resolution establishing maintenance fees for the Big Dry Cree~:sin. ln}e~c7tor. 5.!AFF SOURCE: ~ ~ rt H. Fonda, Utilities Director. ~ iii. Recommendation from the Utilities Department to adopt a resolution establishing amended f es for ter service. STAFF SOURCE: Stewart H. Fonda, Utilities WJ -tJi31or. J!J iv. Recommendation fr the Human Resources Department to approve by resolution, JI. the salary provisions of the Collective Bargaining Agreement between the Y Englewood Employees' Association and the City of E~~~d ~_!_~005..:_ STAFF ~ //'(!) _ J.QURCE: Sue Eaton, Human Resources Director. W ~.__... v . Recommendation from the Human Resources Department to approve by resolution, the duration, wage and insurance provisions of the Collective Bargaining Agreement L2 , between the Englewood Police Benefit Association and the City of Englewood for U'11JJ 6~ . fnth~ years 209J.!n~~OQ~. ~f SOURCE: Sue Eaton, Human Resources ,rV\ /).',U~or. w~ vi. Recommendation from the Human Resources Department to approve by resolution, JI. the Cost of Living Adjustment (COLA) for calendar year 2005 for managerial and supervisory employees, confidential employees, and '11,-~m; ~~loyees. ~AFF SOURCE: Sue Eaton, Human Resources Director. ~ 12 . General Discussion : a. Mayor's Choice. b . Council Member's Choice. Pfease note: If you have a disability and need au,aliary aid s or services, please nolify the City of Englewood 3 03 -762-2405) at least 48 hours in advance of when services are needed. 'l'Mnk ou. Englewood City Council Agenda October 18, 2004 Page 4 13 . City Manager's Report. 14. City Attorney's Report. 15. Adjournment. '{;Pf The following minutes were transmitted 10 City Council between October 1 and October 14, 2004. Code Enforcement Advisory Committee meeting of August 18, 2004. Englewood Housing Authority meetings of April 7, May 5, June 2, July 14, and August 4, 2004. liquor licensing Authority Board meetings of April 7, June 2, July 7, August 4, and September 15, 2004. Planning & Zoning Commission meeting of September 21, 2004. Please note: If you have a dlsab~tty and need ~ ilids or services, pleue notify !he Clly ol Enalewood JOJ -7 62 -2405) at least 48 hours in advance of whffl services 1re needed Think i I J __ __.) 1. 2. Invocation ---..c.--- 3. Pledge of Allegiance ___ _ 4. Roll call Members: 5. COUNCIL· MNllng ~ ,.- r . (_J I . I .