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Home My WebLink About2004-11-01 (Regular) Meeting Agenda Packetl Regular City Council Meeting November 1, 2004 Ordinance II ~/. I/. 60, 61, 62, 63, 64, 65, 66, 67 Resolution II Y, Y, ,t. 100, 101, 102, 103, 104, 105, 106 0 o " ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO No•ember 1, 2004 I. Call to Order The regular meeting of the Englewood City Council was called IO order by Mayor Garrett at 7 :30 p.m. 2. la•oc:atioa The invocation was given by Council Member Barrentine. 3. Plcdp of Ale&luce The Pledge of Allegiance was led by Mayor Garrcu. 4 . Roll Call Present: Absent: A quorum was present. Also presen1: Council Members Tomuso, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward Council Member Moore City Manager Sears City Anomey Brotzman AssiSWII City Manager f1abcrty City Clerk EUis Director Olson. Safety Services Director Gryglewicz, f111111CC and Admiaislnlive Services 5 . Coaslderalioa of Mlmata of Preriom Sealoa a) COUNCIL MEMBER WOLOSYN MOVFJ>, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 11, 2004. Mayor Garrett asked if there were any comments, comctions or discussion. There wa-e none. Voce results: Ayes: Nay : Absent : Moll n earned. Council Members Barrentine, Bradshaw. Garrett, Wolosyn. Woodward. Tomasso None Council Member Moore 6. R«opilioa of Sdlcdultd Plablc c_.e There "ere no scheduled visitors. There "ere no unscheduled n11tors C••-•ller••JIII_-...... d _. AaHNl•-11 t F.aglewood City Council November 1, 2004 Pqe2 a) A proclamation declaring November I. 2004 as National Family Literacy Day was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1, 2004 AS NATIONAL FAMILY LITERACY DAY. Motion carried. Ayes: Council Members Bam:ntine, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Absent: Council Member Moore 9. c-tApada a) Approval of Ordinances on First Reading There were no additional items submitted for approval on fint reading. (See Agenda Item 11 (a).) b) Approval of Ordinances on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDm, TO APPROVE CONSENT AGENDA ITEMS, Cb) (I), (U) ud (UI). i) ORDINANCE NO. 56, SERIES OF 2004 (COUNCll. Bll.L NO. 56, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 157 TO THE SOl11'HGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. ii) ORDINANCE NO. 57, SERIES OF 2004 (COUNCll. Bll.L NO. 57. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 158 TO THE SOUTHGATE SANITATION DISTRICT CONNECTClR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. iii) ORDINANCE NO. 58. SERIES OF 2004 (COUNCll. Bll.L,NO. 58, INTRODUCED BY COUNCIL MEMBER BRADSHAW) 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 . Vote results: Moti o n carried . c) Ayes: Nays : Absent : Council Members Bam:ntine, Bradshaw, Garrett. Wolosyn. Woodward, Tomasso None Council Member Moore Resolutions and Motions There we re no additio nal resolutions or motions submitted for approval . (See Aaenda Item 11 (c).) Or Garrett sud we will m:eive public commetll oa Council Bill No. 59 approvina a refundin, of the Marks parune nc Variable Rate Demand Multifamily Houuna Re-Bonds. Series B of 1985 . Englewood City Counc:il November 1, 2004 Page3 D a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RECEIVE PUBLIC COMMENT ON COUNCIL BILL NO. 59, APPROVING A REFUNDING OF THE MARKS APARTMENTS VARIABLE RA TE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES B OF 1985. Ayes : Nays: Absent : Motion carried. Council Members Barrentine. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Council Member Moore Director Gryglewicz said we have scheduled this time to receive public comment, which is required by the tax law, in the matter of the refunding of the Marks Apartments Variable Rate Demand Multifamily Housing Revenue Bonds that will go on second reading on November 15•. Mayor Garrett asked are there any questions for Mr. Gryglewicz. Council Member Bradshaw said what is the amount of money the City will gain by this? Mr. Gryglewicz said the City will receive approximately $15,000.00, plus direct out of pocket expenses. That includes the attorneys' fees . Mayor Garrett asked are there any more questions for Mr. Gryglewicz. There were none. Mayor Garrett asked if there was anyone else who would care to comment on this. There was no one. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE PUBLIC COMMENT ON COUNCIL BILL NO. 59, APPROVING A REFUNDING OF THE MARKS APARTMENTS VARIABLE RA TE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES B OFl985. Ayes: Nays : Absent : Motion carried . Council Members Barrentine. Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None Council Member Moore 11 . Ordinances, Resolution and Motions a) Approval of Ordinances on First Reading i) Direc tor Gryglewicz presented a recommendation from the Department of Finance and Admini strative Se rv ices to ado pt a bill for an ordinance approving the 2005 Budget for the City of Englewood. He sai d th e o nl y specifi c comment I am going to make is on the General Fund. For the 2005 Budget, the total sources of fund s is at $34 ,50'J,485.00. The total uses of funds is $35,402,724.00 and that is going to leave an IIIU1eSCl"Ved fund bal ance o f $3,706,482 .00. whic h is I0 .9 percent of total revenues. The total appropriation for the year is going to be $35 ,402 .724 .00. M ayo r Garrett as ked if there were any questions for Mr. Gryglewicz. Counc il Member Woodward ,;aid under Section 7 of the Enterprise Funds ... the Water Fund ... under the revenues. does th at include the rate increases that are being proposed. Mr. Gryglewicz said that does include the rate increases. Mr. Woodward said it does? Mr. Gryglewicz said yes. Mr. Woodward said okay, thank you . Mayor Garre tt asked if there were any other questions for Mr. Gryglewicz. There were none . C OUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {a ) (I) • COUNCIL BILL NO. 53. 0 Englewood City CouncU November 1, 2004 Page4 COUNCIL BILL NO. 53 , INTRODUCED BY COUNCIL MEMBER WOLOSYN J A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2005 . Mayor Garrett asked if there was any discussion . There was none. Vote results: Ayes: Nays : Absent: Motion carried. Council Members Bradshaw, Garrett, Wolosyn, Woodward , Tomasso Council Member Barrentine Council Member Moore Council Member Barrentine said I would like to say that l think there has been a lot of work done to balance this budget and we are certainly moving in the right direction, but we arc not presenting a balanced budget and we need to . ii) Director Gryglewicz presented a recommendation from lite Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2005 Budget for the City of Englewood . He said this bill for an ordinance actually permits the spending of funds and, as I mentioned in the previous bill , the General Funds total appropriation is $35 ,402,724 .00. And, I only mention the General Fund because that is the Fund which provides most of the general services for the community including police, fire , public works, recreation and so I mention that and the rest of those are included in this bill for an ordinance. Mayor Garrett asked if there were questions for Mr. Gryglewicz on the appropriation . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) -COUNCIL BILL NO. 54. COUNCIL BILL NO . 54, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BlLL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I, 2005, AND ENDING DECEMBER 31, 2005. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2005 . Mayor Garrell as ked if there wa s any discussion . There was none . Vote results: Moti on carried . Ayes: Nays : Abse nt : Co uncil Members Bradshaw, Garrett , Wolosyn , Woodward , To masso Co uncil Member Barrentine Council Member Moore iii ) Director Gryglewicz presented a recommendation from the Department of Finance and Admini strat ive Services to adopt a bill for an ordinance approving the 2005 Budget for the Littleton/Englewood Was te water Treatment Plant. He said the beginning funds available for this Fund arc $115 ,674.00, which is also the bud geted ending fund s available . They arc looking at total SOW"CCS of funds for 2005 of $42,048.134 .00 and tOlal uses of fund s in the sa me amount . Mayo r Garrett as ked if there were an y questions for Mr . Gryglewicz . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a ) (W) -COUNCIL BILL NO. 61. COUNC [L BILL NO . 61. lNTROD UCED BY COUNCIL MEMBER BRADSHAW Englewood City Council November I, 2004 Pages 0 0 . A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2005. 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 iv) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2005 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said the total appropriation for 2005 for the Littleton/Englewood Wastewater Treatment Plant is $42,048,134.00. Mayor Garrett asked if there were any questions for Mr . Gryglewicz. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) • COUNCIL BILL NO. 62. COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2005 , AND ENDING DECEMBER 31, 2005, CONSTITUTING WHAT rs TERMED THE ANNUAL APPROPRIATION BILL.FOR THE FISCAL YEAR 2005. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Nays: Absent : Mo ti on carried . Council Members Barrentine, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None Council Member Moore b) Approval of Ordinances on Second Reading i) Council Bill No. 60, authorizing the issuance of general obligation bonds for various Water Fund Capital Projects wa s considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 59. ORDINANCE NO. 59, SERIES OF 2004 (COUNCIL BILL NO. 60. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2004, TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY 'S WATER SYSTEM AND AUTHORIZING THE LEVY OF PROPERTY TAXES, ff NECESSARY. TO PAY SUCH BONDS ; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION T HEREWITH ; AND APPROVING DOCUMENTS RELATING THE BONDS . Englewood City Council November 1, 2004 Page6 Mayor Garrett asked if there was any discussion . There was none. Vote results: Motion carried . c) Ayes : Nays : Absent : Council Members Barrentine, Bradshaw, Garrett, Wolosyn , Woodward, Tomasso None Council Member Moore Resolutions and Motions COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (c) (I), (II) and (Ill). i) RESOLUTION NO . 97, SERIES OF 2004 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO . ii) RESOLUTION NO . 98, SERIES OF 2004 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO . iii) RESOLlITION NO . 99, SERIES OF 2004 A RESOLlITION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD. COLORADO. Mayor Garrett asked if there was any discussion . There was none . Vote results: ' Ayes : Council Members Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : Council Member Barrentine Absent : Council Member Moore Moti on carried . 12. General Discussion a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council . b) Counci l Membe rs' Choice i) Council Member Bradshaw said I was under the impression that if we vote no, that we need to explain ourselves. Is that Council rules or is that just courtesy? City Anomey Brotzman said that is actually under your Council policy . Ms . Bradshaw said it is under Council policy, okay. Council Member Barrentine sai d c.an I explain? Ms . Bradshaw said yes, if you will . Ms . Barrentine said I will have 10 explain them separately . I was a little surprised that we did not vote on them separately. For the City Mana,cr the reason chat I voted no was because (I) I have a little bit of a problem with the process that we use and (2) I think it is inappropriate for a professional to hold out money in that sum as a retention . We certainly see people ao ahead and apply for ocher positions while they work here, so I don't think it is useful and as a professional I don't think it t En&Jewood City Couocll November 1, 2004 Page7 is appropriate for us to put them in a position where we arc dangling money in front of them in order for them just to stay. So that is why I voted against that one . I misunderstood Dan's. I did talk to him and told him that I would be voting against it, but I thought we were doing a 12% increase and that was not the case. So the amount of money that we ended up with is something that I agreed with and I would have voted yes for that one. For the Judge, while we have someone who is an elected official, once again I have a huge problem with the process of us just receiving information on what other municipalities pay . We are giving our judge the same compensation in a community of 32,000 people as the judge makes in Aurora, with a population of 290,000. That should not be the goal . I think it is inappropriate. So Judge Vince Atcncio 's salary increase to $106,000.00 was part of my no vote . ii) Council Member Woodward : I. He said I was a volunteer at our Tire and Leaf Pickup last Saturday . We are going to have it again this Saturday. It would be Englewood 's turn. We do this with Littleton. We arc e1.pccting a lot of wet leaves this week . If anyone here is going to be there volunteering, make sure to bring your gloves and wet wipes . 2. He said just a reminder to everybody that tomorrow is our opportunity to e1.crcise one of our main rights ... that is voting . Hopefully everybody will get out there and e1.crcisc that right. Council Member Bradshaw said where is this on Saturday? Mr. Woodward said it is at the corner of Zuni and Belleview . It is on a lot there . There will be a big Eagle Waste Management truck there collecting the leaves and some stacks of tires . iii) Council Member Wolosyn said I don't have anything in particular except that I would like to comment on !he salaries . I think each one of us approaches the way we make these determinations differently . As I think ii was discussed, it is a combination of performance, salary comparisons and also the cost of replacement . We have a lot of professionals who dedicate a lot of time and expertiae to our community. It is part of our duty to the community to keep people here and to compcnsatc them in • manner that makes them want to stay in public service. 13 . City Mauser'• Report City Manager Sears did not have any matters to bring before Council . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council . 15 . Adjournment RRETT MOVED TO ADJOURN. The meeting adjourned at 7 :46 p.m. t AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 1, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood , CO 80110 1. Call to order. /"J ."t(} ~ 2. Invocation.~ 3 . Pledge of Allegiance.~ 4. Roll Call . 5. Consideration of Minutes of Previous Session . fJ--0 · Minutes from the Regular City Council meeting of October 18, 2004. ~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) g- 7 : Recognition of Unscheduled Public Comment. (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 Discussion .) ff 8. Communications, Proclamations, and Appoi.ntments . dffd /r-o •· Pmd=a1,m dedariog No,embe, I , 2004 as NatKmal FamHy Ute,"'! Day.~ 9 . Consent Agenda Items . a. Approva l of Ordinances on First Reading . ff Pl ease note : If you have a 'tlisability and need auxiliary aids or services, please notify the City of Englewood 303-7 62 ·2405) at least 48 hours in advance of when services are needed. Thank ou. t Englewood City Council Agenda •' Novembe r 1, 2004 Page 2 Av.J1µJ_il>~u~~ 'JP--~iil'-i;i· Wb. Approval of Ordinances on Sect"n{i Re~ding. -7/ · · i. Council Bill No. 56, approving Southgate Supplement No. 157 to the Connector's Agreement with Southgate Sanitation District. f) ~ J,J_ K 7 ii. Council Bill No. 57, approving Southgate Supplement No. 158 to the Connector's CJ w., y:r ../ Agreement with Southgate Sanitation District. r-. , J Jj. ,,.-0" iii. Council Bill No. 58, approving the City Ditch License Agreement and Construction O l,ll.;1ff'\:::,t) Easement for 5051 South Windermere Street. c . Resolutions and Motions. 10 . Public Hearing Items. a. Public comment on Council Bill No. 59, approving a refunding of the Marks Apartments Variable Rate Dema;;z:N~;~~~e;;;~~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 53 -Recommendation from the Department of Finance and iJ. 5-/ Administrative Services to adopt a bill for' an ordinance approving the 2005 Budget for C ui-tu ''ti,_.\ the ':ity of E~glew~d. 5Jf.!J2.~-~CE: Frank Gryglewicz, Director of Finuce and ~ ~ Adm1n1stratiYe Services. vv~,,,....-ii. Council Bill No. 54 -Recommendation from the Department of Finance and !b: Mr/ 5 .... J Administrative Services to adopt a bill for an ordinance appropriating the 2005 Budget .,..rr & \ for the City of Englewood . ST~U S~UR~E: F~k Gryglewk:z, Director of Finance (!J lrJ : l!AlJJ.J)i!AJ:; and Administrative Servicff. ~ iii. Coun ci l Bill N o . 61 -Rec ommendation from the Department of Finance and Adminis trative Services to adop t a bill fo r an ordinance approving the 2005 Budget for MM lrio th e Engl ewood/Littl eton W as t ewater Treatment Plant. STAFF s~~CJ~ ~ra_~~-v rr V '-Gryglewicz, Director of Finance and Administrative Services. /fr~ iv. Coun ci l Bill No. 6 2 -Recommendation from the Department of Finance and Admin is tra tive Servi ces to adopt a bill for an ordinance appropriating the 2005 Budget fo r th e Engl ewood/Littl eton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ~ Please note: If you have a disability and need auxili,11ry aids or services, please notify the Ci tyo fEnglewood 3 03-7 62 -2 405 ) at least 48 hours in advance of when services are needed. llwlk you. 1 . 2. 3 . 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, NOVEMBER 1, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. fJ :i(J ~ Invocation.~ Pledge of Allegiance.~ Roll Call. 5. Consideration of Minutes of Previous Session. Minutes from the Regular City Council meeting of October 18, 2004. ~ . 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ff I 7 . Recognition of Unscheduled Public Comment. (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 Discussion .) 5 8 . Communications, Pro clamations, and Appointments. df1,d fro•· P,odomot;oo d,d.,;og No•="'" 1, 2004 " N,oonol F,mfy Lil0<o<Y o.,.~ 9 . Consent Agenda Items . a. Approval of Ordinances on First Reading. ff Pl ease note: If you have a llisability and need auxibry aids or services. pluse notify the City of Englewood 303 -762-2405) at least 48 hours in advance of when servkes are needed. ~ t Eng~wood City Council Agenda November 1, 2004 Page 3 b. Approval of Ordinances on Second Reading. oiJ.I yr i. Council Bill No. 60, authorizin~e }spua9ce o!Jeneral obligation bonds for various . . l)-0 Water Fund Capital Projects. /5~ c. t;;ttJs:srcJ/ly?~nl)e>~~~ n:n~ ... ~./ F-9'J i. Resolution establishing the annua?salary for the City Manag;/'!1"..,~ }it-Ill 9? ii. Resolution establishing the annual salary for the City Attorney. l4IJil 99 iii . Resolution establishing the annual salary for the Municipal Judge. 12. General Discussion: a. Mayor's Choice. b. Council Member's Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. IJ ; c./{, ~ The following minutes were transmitted to City Council between October 1S and October 28, 2004. Alliance for Commerce in Englewood board meeting of September 9, 2004. Board of Adjustment and Appeals board meeting of September 8, 2004. Code Enforcement Advisory Committee meeting of July 21 and September 1S, 2004. Cultural Arts Commission meeting of September 1, 2004 Parks and Re creation Commission meeting of September 9, 2004. Planning & Zoning Commission meeting of October S, 2004. Public Library board meeting of September 14, 2004. Urban Renewal Authority board meeting of February 11 , 2004. Transportation Advisory Committee meeting of September 9, 2004. Pl ease note : If you have a disability and need auxiliary aids o, services, pl9se nolify the City of Enalewood 30 3-762 -2405) at least 48 hours in idvance of when ser\licH are needed. Thank t l. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO October 18, 2004 D 0 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 . Pleclae ofAllepmce 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 put five years . We want to thank Council, Mr . Sears and his staff, especially Mr . Black, Mr . Olson, Mr. Fonda ... the people who have allowed lhese boys to participate in this community , to !ea."?! 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. Also present : Council Members Tomasso, Bancntine, Garrett. Bradshaw. Wolosyn, Woodward Council Member Moore Acting City Manager Black City Attorney Brownan City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Director Gryglewicz, Finance and Adtninistrative Scrvi<lCs Housing Finance Specialist Grimmett, Community Development Director Eaton, Human Resources Fire Marshal Greene 5 . Consideration or Minutes or Pffvious s-ion al COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING or OCTOBER 4, JIM. Ma yor Garrell asked if there were any comments , questions or corrections. There were none . Vote results: Aye : Nays : Absent : Mouon earned . - Council Members Barrentine . Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None Council Member Moore Englewood City Council October 18, 2004 Pagel 6. Recognition of Scbeduled Public Co-.it a) Mayor Garrett said David S. Myen, 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 see familiar faces and also to see some new faces and faces that I 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 I989, 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 see if we can create a network that serves the uninsured in suburban Denver. As I am sure that many of you are aware, the doors to Denver Health are closed to Englewood residents, so those services are not available to them. That was our mission. Our vision as an organization is to create a healthy community and our vision is much broader than just a doctor's office. Though medical services are about 75% of what we do here in the community of Englewood, we aJso offer demal 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 inio the community and identifying thole issues and those CU'CUIIIIWICCS where we could pair up our case managers and some of our staff to work with these families . And indeed, we are proud to rq,ort that for our population. the infant monality rate is zero, compared to a community rate of seven ... so again a great succeu here in Englewood . We are also proud of the health education programs that we brina, the volunleer programs that we have . We have an arrangement with South Suburban RecJe8lion 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 coune, there are great incentives and rewuds for participating in our proaram. All of this is to say that we are vay commiaecl to the City of Englewood and this year we are celebratina a great advancement. We have been vay successful in bringina 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 assislant . The recen1 physician that -;..a hired. Dr . Kalhy O'Neil, specializes in high risk obstelrics. We have buih our relationlbipl with the local holpitals and are llatina to build relationsbips with the local private physician& u well . In our estimation there are 10,000 people in EnsJewooc1 who could benefit from our services . With the addition of the new builtlina and the new sraff. -aailllllle 1h11 -will be able to save about 6.000-7,000 of those individuals ... though IIOl mcctiaa all of the .-Is. certainly IIIIIClina a peat deal of the needs. Just by way of measurin& OUJ succcsa, -flnt came into the ~y in 1997, with one physician and a pace that was much smaller than -are in now. so -are very pleued with die support dial -ba-we l(ICtCII bod! through the community, our reception throu&h community poops and apin. I kaowlhal some ofyou on the City Council have come to visit us and have seen what we have been able to accomplish . I am here tonipt just to, in a 1.ay. 10 brag about it and say that we are happy IO be here and that -hope IO COllli-to servin& the community of Englewood. Thank you. Council Member Wolosyn said where is the new facility , where will it be located? Mr. Mycn said the new facility opened . It is at 3515 South Delaware Stn:ct. And just so you know, -are a corpora&ion. We have IS locations m Awora. Arvada. up in Bailey, bul our headquaners are here in Enalewood at 3701 Soudl Broadway . Mayor Garrett 1d thank you very much. Council Member Bradshaw said thank you for bcina a part of our~- bl poster contest . Mayor Garrett said Fue Manha) Ben Greene will present the awards b the Fire Prevention Week Mr . Greene wd Mayor and members of COWK:il, I wuw 10 lhlnt you very 111111:h fer cakiDJ ~ OUI of your buly agenda to help us wuh the awuds for the fife Preffllbllll ~ ~ I -die one wbo _. aU *-1eaers OUl to all the fam,he and 11 1 arut 10 see them here. We had a real succeea 11111 yea . I llad over 500 poaten ii&-ed II over Cm Ccnler and-ptOl'lle said. "'<ilow. loot 81 du~. lllld 111e,...11111 ._ lludl full I would bb IO really thank the Jlld&e th year Mayor Pro Tem Olp Woloaya. C01111Cil ....._ Bev 8radlllaw , Sllct1a Oboe v.ho is. the an teacher I the lush hoot .tour final om " Rodney i.o..-wllo • ,,.. ., M-of Ouldoc,r Englewood City Council October 18, 2004 Page3 0 . Arts. Also. I would like to thank the Englewood Firefighters Local 1736 for their generous donation of the awuds for tonight. Three awards were given to each school : I" Place -$25.00, 2 .. 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 3nl Place Tim Loiseau 2 ... Place John Andres I" Place Emily Alexander St. Louis Elementary 3n1 Place Danielle Vigil 2• Place Catherine Peeples I" Place Jackie Hugger Maddoll Elementary 3nl Place Valeria Centeno 2• Place Ian Maitey I" Place Casey Holtz Charles Hay 3n1 Place 2• Place Place Charlie Guy Kelmen Dindinger Hannah Erickson Bishop Elementary 3n1 Place Jaime Boras 2• Place Cole Smith I" Place Catherine Meyer Clayton Elementary 3n1 Place Delani Katana 2• Place Madison Parks I" Place Jamie Thompson Cherrelyn Elementary 3n1 Place Veronica Peltz 2• Place Brendan Clements I" Place Tyler Vigil Mr . Greene said Cherreljn 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 IO join 111, I would be greatl y honored. If the kids would like to pick up their poater5 they are all bun& in 1he C~ 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 prelClll and~ Council .-mber abNS: Co.cil Me :ber Moore . 0 Englewood City Council October 18, 2004 Page4 7 . Recopllion of U-=beduled l'llbllc Comment There were no unscheduled visitors. 8. Communications, Proclamations and Appolnlmentll There were no communications, proclamations or appointments . 9 . Consent Alfllda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (II) and (W). a) Approval of Ordinances on First Reading i) COUNCil. Bll.L NO . 56 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 157 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INQ.USION OF LAND W1'l1IIN THE DISTRICT BOUNDARIES. ii) COUNCil. Bll.L NO . 57, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 158 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INQ.USION OF LAND W1111IN THE DISTRICT BOUNDARIES. iii) COUNCil. Bll.L NO . 58 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND TIM CZARNEK FOR GAS, ELECl'RICAL AND WATER UNE CROSSING OF THE CITY DITCH . Vote results: Ayes : Nays : Absent : Council Members Barrentine , Bradshaw , Garren, Wolosyn. Woodward, Tomasso None Council Member Moore Moti on earned. b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (Sec Asenda Item 11 (b).) c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (Sec Aaenda ltcm 11 (c).) 10 . Publk HeariD& lie- o pubh hcanng was scheduled before Council. a) Appro al of Orchnances on First Readin& f• Englewood City Council October 18, 2004 Pages i) Director Gryglcwicz presented a recommendation from the Department of Finance and Administraiivc Services to approve a bill for an ordinance authorizing the issuance of general obligation bonds for various Water Fund Capital Projects. He said this is a bill for an ordinance authorizing $3,075,000.00 in GO bonds for various Water 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 Water 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 interest rates and bank qualifications. I am bcrc 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 voters stayed in effect, and that bas been confirmed by our bond counsel, so we arc using this GO authorization to lower the cost of issuance and the interest rate 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 Rccrcation 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 Water 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 tnillion outstanding from the Recreation Projects of a couple of years ago. Mayor Garrett asked if there were any tnote questions for Mr. Gryglcwicz. There were none. COUNCIL MEMBER BRADSHAW MOvm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 60. COUNCil.. Bll..L NO . 60. INTRODUCED BY COUNCil.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2004, TO FINANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND AUTHORJZING THE LEVY 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 !here was any discussion. There was none. Vote results : Motion carried. Ayes : Nays : Absent: Council Members Barrentine, Bradshaw, Garmt, Wolosyn . Woodward, Tomasso None Council Member Moore ii ) Director Gryalewicz presented a recommendation from the Departmcnl of Finance and Ad mmis trative Services to adopc a bill fOI' an ordinance approvin1 a refundi111 of the Marks Aputmenu Variable Race Demand Multifamily Housin& Revenue Bonds. Series B or 1985 . He said this is a bill fur an ordinance authonzi ng iss uance o f $8,355.000.00 or Vuiable Rate Demand Multifamily Housiq Rcfundin1 Bonda . These arc really pass ·through bonds. They arc issued in the City's name. but the Ctty has no obliption for these . They arc refu ndin g the Marks Bo nds. They arc the 1985 Series B Bonds . They arc retimdi111 thole . Actuall y, the City will collec1 a fee o f between about 16 thousand and 33 thousand dollars fOI' the trouble or doin1 thi issuance. but they are not o bl iga11ons o f the C ity, it is just issued in the City's -IO take advaniqe of tbe IU CllCIDp! 11&1111 . Mayor Garrett asked if there were any questions fcx..Mr. Gry&lcwicz . There -DD1te. t Englewood City Council October 18, 2004 Page6 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 59. COUNCil.. Bll..L NO . 59 , INfRODUCED BY COUNCil.. MEMBER WOWSYN A Bll..L FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $8 ,355,000 VARIABI...E RATE DEMAND MULTIFAMil.. Y 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 MULTIFAMil..Y HOUSING REVENUE BONDS (THE MARKS APARTMENTS) 1985 SERIES 8; APPROVING AND AUTHORIZING EXECUI'ION 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 MUL TIFAMil..Y 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: Motion carried. b) Ayes: Nays : Absent: Council Members Barrentine, Bradshaw, Garrett. Wololyn, Woodwud , Tomasso None Council Member Moore 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 consideed. COUNCIL MEMBER BRA.OSHA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 54, SERIES OF 2004. ORDINANCE NO . 54. SERIES OF 2004 (COUNCU... Bll..L NO. 55, INTRODUCED BY COUNCil.. MEMBER BRAD SHAW) AN ORD IN ANCE AMENDING THE BALLOT LANGUAGE OF ORDINANCE NO . 34 , 2004. DUE TO A SOFTWARE PROB LEM WITH ARAPAHOE COUNTY , AND DECLARING AN EMERGENCY . Mayor Garrett asked if there was any discussion . There was none . Vote RSUlts : Motion carried. Ayes : Nays : Absent : Council Members Barrentine. Bradshaw, Garrett. Wolosyn. Woodward. Tomasso None Council Member Moore ii) Counci l Bill No . 52. approving the 2004 MiU Levy for collectioa in 200S w comidcred . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDID, TO Al'PllOVE AGENDA ITEM 11 (b ) (U) • ORDINANCE NO. 55 , SERIES OF 21M. t Englewood City Council October 18, 2004 Page7 0 . ORDINANCE NO . 55, SERIES OF 2004 (COUNCIL BILL NO. 52, INfRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE FlXING THE TAX LEVY IN Mil.LS UPON EACH DOU.AR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITlllN 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, Gurett, Wolosyn, Woodward, Tomasso None Council Member Moore c) Resolutions and Motions i) Housing Finance Specialist Grimmett presented a recommendation from the Communi1y Developmenl Department to adopt a resolution aulborizing the FY200S Community Developmem Block Grant Application. She said I am here before you with my annual plea to allow us to apply to Arapahoe County for allocation of the 2005 Communily Development Block Grant funds . This year we are piing to be applyina for the same projects tha1 we had applied for in 2004. The only difference is, we are tryin& to -if we can't receive some additional funds from the County 's unoblipted pool, so we are requesting an additional $80,000.00 to support lhe Housing Rehabilitation Program . The funding breakdown is .uch Iba! we will be asking $132,500.00 for die General Housing Rehab Program. $50,000.00 to continue support of the Houle of Hope staffing needs and 47,500.00 for the Neighborhood Revitalization Paint-up/Pix-up Projects that coven bocb o_. oc:cupied u well as rental single family housing with low income occupants. It ii required lhll we submit tbe applicalions, even thoup here hu been a set-aside of $150,000.00. so I just request Cowx:il ID approve our application and then we will wait until probably January or February to see if our applications have been approwd. Council Member Bradshaw said we have had good success with this in the put. Ms. Grimmett said yes. the only difference is thal I am not sure about the additional request of the $80,000.00. We are jllll going ID give ii a try and see wha1 happens . Mayor Garrett asked if !here were any additional questions. Council Member Bradshaw said 1 am confused . I though! we were applying for our own II one poinl . Ms . Grimmett said well, they are set aside in our name and we have reserved approximately $150,000.00. Thal figure is n'I known until HUD actually releases the funds to the County. TheCounty, in addition, bu a pool of funds 1h11 they can spend an ywhere, so the reques1 of $230,000.00 is a combillllion of our own $150,000.00 plus $80.000.00 fro m the General Pool tryingjusl to suppon our own projects hen: ... additional monies . And. I don'I know about the addi1 ional sso.000.00. Co un c il Member Bradshaw said okay. The resolution was assigned a number and read by litle . RESO LUTION NO . 91 ,SERIES OF2004 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZJNO THE CITY OF ENOLEWOOD, CO LORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNrY FOR A 200S COMMUNITY DEVELOPMENT BLOCK GRANT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. ti, SElllES OF_., t 0 Englewood City Council October 18, 2004 Pages nu Mayor Garren 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 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 ponion 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 arc averaging over the years . The Water and Sewer 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: Moti on carried . Council Members Bam:ntine , Bradshaw, Garrett, Wolosyn, Woodwud, Tomasso None Co11ncil Member Moore iii) Director Fonda presented a recommendation from the Utilities Department to adopt a resolut io n es tabli shin g amended fees for water service . He said this was actually recommended by the Englewood Wa ter and Se wer Board at their October 12111 meeting . And, this is the result of the low amount of watering and income over the las t year and a half. As a result of the rain this summer and the conservation efforts, we saw a drop in reve nue of abo ut 10% from $4 ,074,000.00 down to $3 ,678 ,000.00 in 2003 and we saw an increase in the dccrcasc this year. so far. in the raw water pumping. We did an analysis of th is and it was rev iewed by Black & Veatch Co ns ultin g Enginee rs to actually determine the amount of revenue that we needed to meet our bond coverage req uirements from a previou s loan and to maintain these . With that, the recommendation came in that we would do 15% effe cti ve January I, 2005 in lieu of the previously passed 6% increase . Then, in addition, to mainlain coverage and an adequate balance , we would need 8% effec tive January I , 2006 , 8% effective 2007 and 7% effective 200 8 ... all on January IM. Coun cil Member Bradshaw said I have two questions . First of all , when we arc tallting the 15 %, what docs that mean to th e average household ? Mr. Fonda said I believe that means about $3 .00 a month or $35 .00 a year. She said okay , because we arc talking percentages of that much ... and everybody goes 15%, what is that? It is $3 .00 . How does th is co mpare to Denve r's increase? Mr . Fonda said it will roughly be at the same level as Denver's. For th e las t several years both Den ver ... inside City of Denver ... charges have been slightly lea lhan ours . They will still be sli ghtl y less than ours , but I believe they arc going with a series of 8% rate bikes and they have to go until 2()()1) C 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. COUN<;IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ill) • 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. Tbcrc was none . Council Member Bradshaw said this is tough ... just because we said please conserve, conserve, conscrvc 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 B11TCntinc, Bradshaw, Garrett, Woiosyn, Woodward, Tomasso None Council Member Moore iv) Director Eaton presented a recommendation from the Human Resources Deparunent to approve by resolution, the salary provisions of the Collective Bargaining Agreement 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 Agreement between the EEA and the City of Englewood . This contract covers approximately 198 employees. Ma yo r Garrett asked if there were any questions for Ms . Eaton. Mayor Garrett said this , I believe, was recommended by the arbitrator. Ms. Eaton said that is correct. Council Member Bradshaw said and the cost for that arbitration was? Ms . Eaton said the final billing for the auomeys associated with that arbitration has not come in yet. but we estimated it to be about $15,000.00. Ms . Bradshaw said so they had nothing to lose by going to an arbitrator on the salary, is that correct? There would still be an increase coming to them either way? Ms . Eaton said that is corrcct. 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 1t (c ) (iv) • RESOLUTION NO. 94, SERIES OF 2004. RESOLUTION NO . 94, SERIES OF 2004 A RESOLUTION AUTHORIZING THE SALARY PROVISIONS OF THE COll.ECTIVE BAROAINlNO AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOClA TION AND THE CITY OF ENGLEWOOD FOR 2005 . Ma yor Garren asked if there was any discussion . There was none . Englewood City Council October 18, 2004 Page 10 Vole results: 0 Ayes : Council Members Barrcntinc, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Absent : Council Member Moore Motion carried . v) Director Eaton presented a recommendation from the Human Resources Department to approve by resolution, the duration, wage and insurance provisions of the Collcctive Bargaining Agreement between the Englewood Police Benefit Association and the City ofEnglewood for the years 2005 and 2006. She said this contract also was ultimately decided by an impasse arbitrator and covers approximately S4 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 SECONDFJ>, TO APPROVE AGENDA ITEM 11 (c) (v) • RESOLUTION NO. 95, S~ OF 2004. RESOLUTION NO . 95, SERIES OF 2004 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COU.ECTIVE BARGAINING 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. Vole resullS: Motion carried . Ayes : Nays : Absent : Council Members Barrcntinc, 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 super visory employees. confidential employees, and part-time employees. She said this wage provision covers ap proxi mately 145 employees of the City . The increase recommended is similar to that that bas been awarded to the Englewood Empl oyees Association employees ... 1.12% for the year 2005 . Mayor Garrett asked if there were any que stions for Ms . Eaton . There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (c) (vi) • RF.SOLUTION NO. 96, SERIES OF 2004. RESOLUTION NO . 96, SERIES OF 2004 A RE SOLUT ION APPROVING COMPENSATION ADJUSTMENTS FOR MANAGERIAL, SUPERVISORY, CONFIDENTIAL AND PART -TIME EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2005 . Mayo r Garre tt as kr.d if there was an y di sc uss ion . There was none . Vote resullS: Ayes : Council Members Barrcntinc, Bradshaw, Garrett. Wolosyn. Woodward , Tomasso Nays : None C C Eqlewood City Council October 18, 2004 Page 11 Absent: Motion carried . 12. General DiscullloD 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 Windermere ... 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 arc selling the propcrtY 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 Memben' Choice i) Council Member Bradshaw said kudos to Ben Greene for the tumOUt that he elicits from our elemenwy schools. That's incredible. I really think that the children really appreciltc that. So just be sure to tell Ben thanks a lot 13 . City Muqer'1 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 give Jerrell and bis staff a round o f applause for being a finalist again ... a National Parks and Recrcalion Gold Medal finalill apin. 'Ji'lne yean in a row and the fourth year we should get it, don't you think? Mr . Black said we think so . Ms. Bndlbaw said thanks. Mr. Blaclt said thank you. There was applause . 14. City Attorney'• Report City Attorney Brotzman did not have any matters to bring before Council. 15 . A.djounuaent PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNICHEDULID PUBLIC COMMENT ' DATE:November1,2004 PLl!AR UIIIT YOUR PRaENTATION TO FIVE-aurB / PLEASE PRINT NAM=E=----~A:D~D~R~E:ss ___________ , .. ,, PROCLAMATION WHEREAS, as many as 44 million adults in this country cannot read at levels necessary to succeed in today's society; and WHEREAS, the problems created by illiteracy affect all Englewood residents through lower productivity and higher social costs; and WHEREAS, the tireless effons of many local groups including the Colorado State Daughters of the American Revolution have actively contributed to the success of literacy programs through voluntarism; and WHEREAS, volunteers in the metro area have enabled many residents to reach their goals by providing free classes and tutoring for the GED, literacy and English as a second language; and WHEREAS , community programs throughout our Nation arc observing November 1, 2004, as National Family Literacy Day; NOW THEREFORE , I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby proclaim November 1, 2004 as: NATIONAL FAMILY LITERACY DAY in the City of Englewood, Colorado. I urge all of our citizens to honor literacy students, tutors and all those who support the literacy effort. I encourage those who arc able, to become a volunteer for literacy organizations or libraries in the City of Englewood and to seek and help those who cannot read. GIVEN under my hand and seal this 1st day of November, 2004 . Douglas Garrett . Mayor ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO. 157 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF 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 Colora4o Boulcvani 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 uid 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 8oani 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 J. The Agreement between the City of Englewood and Southptc Sanitation District entitled "Supplement No. I 57, 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 . Sectjon 2. The Mayor and City Clerk arc hereby authorized to sign and attest, re spectively, 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 . 1- Published as a Bill for an Ordinance OD the 22nd day of October, 2004 . Read by title and passed on final reading on the 1st day of November, 2004 . Published by title as Ordinance No. _, Series of 2004 , OD the 5th day of November, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of EnaJewood, Colon.do, hereby certify that the above and foregoing is a true copy of the Ontinaace pused OD final reading and published by title as Ordinance No. _, Series of 2004 . Loucrisbia A. Ellis 2- THIii AGMl!lmff,,... and llllnd inm by and IIIIIINII .. CITV 0, INGLawOCI),-*" by a 111aug1111 c1ui, dalmd ....-. car Clldc. twa11 ... called the "CJIJ, .. 111d ICUTHGATI WTATICN NTIIICT. Arlplhoe 111d Dal,alll Counlla. Colcndo. taail ... c:allld ._ "IJIR1at, • WITNISIEH: Mll!lllaM. an .. DI-al .u., 1N1, .. car 111d .. IMll:t ..... 1nm III Agrw1•1t In wta:11._ Cly ...... ID._.....,_ Oltgi ... tam .. IMtcrs ailary-~ wilin .... --byttll lMll:t. --~-malt .- Illy l'll'l9Wed by ColWlman Agi'N,•• dad NIMlnbar 11, 1• 111d WHIIIEAS, aid Connli:lan ..... prowidN ltllt Ill cfiltrlct ma, 11111 ll1lalge ila saw:e .. wllllaut .. ~ can.It at .. Cly; NOW, THmlll'ORe. In caillidlilllan al ._ muul aa,,e,•111 and Ulldlf1ald11g1 ..... Mt fontl , .. Plflill agl9e • falNI: 1. The City .... ~ ID Ille inclulian GI c:a1aln _.... .. lac..s in Arapahoe Cour4y, Collnda. awned by Lynn J. H1n111e 111d 1111119 UV dllalllfl ari Exhibit A lllached hlf9la and illCQl'Plltaad l'llfaill by lllflrwa, 1nm Saullglll Sanilallan Diln:t. The Cly .... -.. -----,.., be ........ _ facilllN at the Diln:t. and dial .. Cly will Ir.-...... dllc:IWged inlD .. Clyl trunk line l'mm aid addlllanal --. II in accaniance will Ille Canneclar'I •-• d..t ~ 18, 1988. ~. Ellnibit A ,.,..... ID ii Pa ... aph 1 GI lie Colaiecta'I Ae,w1•1t dalld ~ 11. 1-. ii .......... ID lnaude llldl ......... 2. Each and ..., °""" pn,,,ilial1 al .. aid Canneclar'I ·-· dalld Nowlfnbel 18, 1988, anal rWlllin unc:llangld. IN WITNESS WHIR!Ofl, Ille pa,1111 ,-• !t1aW IWldl and -11111 day of__, 200_. A'ITEST: CITYCL!RK SEAL) By: ________ _ IIAYCR SOUTHGAff SANITATICN DIITNCT, ARAPAHCe NtO DOUGI Al COUN11U. COLOIIADO By:~.( l i Pl;UIION JORINCLIJIION CW 54.11 S01J'l1I COLORADO IIOIJLIISVAIID 10 SOU'l'IIGATI: SAND'A110N DIS'l'RICF NARR.Anvl: DDCRIPTION Tllepnpartyill ..................... ., ... ~ ........ ad Gerda.A....-. Tllem.lde'a._.a hi' t If a H•n •Qi ezleeillly J.5 acnl, ad tile pnp1rty ii .... R-2.5. u ....... C9l'lllt Rani Gn,awwl ftlapW ...... _.S l211yPnject,a_.._.,. ;m«•na,-1 lyap a Pffl* .... al I ....... tile Wu I elila .,Ceilnde Baal ....... Gar'lila laa.-Oaatdlndlee TllePnJect•111p511Nlf.. ln:cliaa.,tlle ... wwit ,._._••••u• a Catatlle'Blllldepa ;lltf ... ......_ Al••••••• c1alnedoa ._. ..._ ... heed TIie Blllldap11p1rty...W ._.._ dal Ir TIie_.._ nqala m:n WOlllll beforr11fJca:lfal ...,_ t t SIOO S.) .. .. ., i --· I I <f ... . . . -,·. t , .. r·---..... -.. t l ~ .... _,; JIOO SJ 4 l AUEA OF INCl.l1Slotl ~ 111 'UISll)N NUMBER t t SfCrlotl tlllMOEll t I OI IIIIMlffRS , I l:EY MAI' NIIMlll'l!S SOUTHGATE INCLUSION MAP SEWER) SHEET 1 OF 3 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY 0 J COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO. 158 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately I0.0436 acres into the District; and 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 1 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 to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 158 to the Southgate Sanitation District at its October I2, 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 enti tl ed "Supplement No . 158, to Connector's Agreement", which includes two parcels (Parcel A and Parce l B). Parcel A contains an existing residence at 3720 E. Williamette Lane and comprises 5.1734 acres. Parcel B consists of Lots I and 4 and comprises 4 .8702 acres of vacant land with service requirements to be determined. The adjacent properties are located east of University Boulevard and, south of Williamctte Lane and west of Colorado Boul evard in Greenwood Village. Supplement No. 158 To Co nnector 's Agreement is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit 1" and incorporated herein by reference . 1- Sectjon 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. Read by title and passed on final reading on the 1st day of November, 2004. Published by title as Ordinance No. __, Series of 2004, on the 5th day of November, 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 copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2004. Loucrisbia A. Ellis 2- THIS ACJICl!BEff, mme and llllnd • llr and.,...._ tie CITY a, 8ICIL!'M)OD, dng "'and ......... dAl/t ................ Cly Clldl, ..... Clled tie "City: and SQUTHGATI! SANITATION DIITIIICT, AnipahOe and Dauglaa Cc,unllll. CokndO, ....... Cllllld .. "'Dlatrlct.. WlaAEAI, on 119 ZOii dayd Jin. 11181 ... Cly.., .. Olltltet .... anly .a.---m-ient..t In which the Cly agiad ID nit_.... odginllnl flam 11W IJllllll:l'9 wlltin the .. --"'the~ wtic:11 ·-·--fflllll ,- Illy ....S bf Col••'*"· ly..-nd dllld NcMlnblt 18, 1911; and WHEREAS, laid Co11..:IDl'l ly-.t pnwidel flll 11W dllllict may nal willOUl twwrtnln ca,ai1l of lie Cly; NOW, THEREFORE. In canlidlratlan ol 11B mulUII ~ and a1""idel'-rtakil"""'"'IIII-'*9ir1 1111 forth. the parlill lllPN • falkJwa: 1. The City her9by cor..-ID 119 ilcklliOl'I ol certain IICldllioMI .. loclll8d in ~ eountY, CokndO, owned bf OlalW D. Wl'tW and mare July deKltbed on EJChibit A attached ...., and inea,paiaad 118191n bf ,.,...., 1nm Sou1hga18 Sar,itallon OlltrlcL The Cly ..,... that -....... may be -- with the .... facilltlel of the District. and that .. Cly wil .......... dllc:lwged lnlD the City's trunk line from l8id addillrJnal ..., al in acco,dltice wilt! the eonnectDI'• AQrelffl8ffl dated November 18. 1988. ~. Ellhibit A ,-,.I ID in Pa&jjlaph 1 of the eonnecmr'• ~ dated NcNet1lber 18. 1888. ii haeby a'lllfllied ta inClude IUCh lddlllDMI .... 2. Each and .-Yan. provillan d tlie aid eonnec:mi'•,.,.....,. dalld N.Nc,,-.--m...,lber-18, 1988, shall l'9ffl8in unc:t,anged . IN WITNESS WHEREOF, the partlll t.-Mt ltlBir lwldl and .... Ilia day of___, 200_. ATTEST : cmcL!RK SEAL} By: _______ _ MAYOR JJ{; 1 ~ 1 t Parcet "A" EXHIBIT A Legal Description) That portion of Lots 245 and 246, South Denver Gardens, together with that portion of the adjoining North 112 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, desaibed as follows: commencing at the east one quarter corner of said Section 13; thence North 0°13'15" West. along the east line of said northeast one quarter 658.17 feet to the center1ine of vacated Price Avenue; thence South 89°57'15" West along the center1ine 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 329.16 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. 67.67 feet; thence North 77°02'08" West 457.14 feet to a point on the easter1y right of way of the Highline canal; thence along the following three (3) courses on said easter1y right of way line; (1) thence South 3°21'12" East 187.05 feet to a point of curve; (2) thence southeaster1y along a curve to the left having a radius of 548.68 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 center1ine of said vacated Price Avenue ; thence North 89°57'15" East along said center1ine 4n.62 feet to the Point of Beginning. Parcel ·s· Lot 1 and Lot 4 in tracts 243, 244 and 245 South Denver Gardens and the South 112 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 recorded 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~ 1·~!~ . . f,;._~;-~_ .. C; ~c ·, c cc , , . < To : Southgate Sanitation District Re: Lots 1 and 4, South Denver Gardena w This property contains 4.8702 acres ofvacant land and ia zoned ll-2.S fbc sinale fiuni1y raidencea No claanges in zoning or use are m:iplted The savic:e requiremmta and construction schedule are still to be ddawined. t To: Southgate Sanitation Diltrict Re: 3720 E. Wi!tiamette Lane Thia property contains S .1734 acres and is zoned R.-2.S. A single &mily reaidence already mm on the property, and no cbaagea in mning or uae are anticipmd The service requirementl and schedule are stiD to be detsmined. EXHIBIT A Legal Desaiptlon) 0 That portion of Lois 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 quarter earner of said Section 13; thence North 0°13'15" West along the east line of said northeast one quarter 658.17 feet to the centertine of vacatecl Price Avenue; thence South 89°ST15• West along the centertine 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 329.16 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 67.67 feet; thence North n°02'08" 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°21·1r East 187.05 feet to a point of curve; (2) thence southeasterly along a curve to the left having a radius of 548.68 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°03111• 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 472.62 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 Nonnan D. Writer and Ronald R. Pfister and Marie M. Pfister recorded 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 . 1·" >:~· J!· .. -~ - 43-.A :»-""'· ·.:.: - U:46-A )· t~'". ·~ .1 -.· 1f""1 •• ··: l~t~ .. -. : .. i t··:····;'.: r.:·f:, · N.T.S.. : t;g:~. . .• Ii~\.·.·.-;::.':/ f': a."-•,.· .. ··;. 7 .:>-···· ~-~·-r·~-., SOUTH '11J#JH;;f. SIHTA!ION OIS1111CT 915-Jall ···-···· ORDINANCE NO . SERJ ES OF 2004 BY AUTHORITY COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. WHEREAS, Tim Czamek 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 bis 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 WHEREAS, 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 their October, 2004 meeting . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section I . The City Council for the City of Englewood, Colorado, hereby approves the License Agreement between the City of Englewood and Tim Czamck for utility crossings over the City Ditch adjacent to 5051 South Windermere. Section 2. The Chairman of the Englewood Water and Sewer Board and Director of Utilities are hereby authorized to sign said License Agreement. Introduced, read in full, and passed on first reading on the 18th day of October, 2004. 1- Published as a Bill for an Ordinance on the 22nd day of October, 2004. Read by title and passed on final reading on the 1st day of November, 2004. Published by title as Ordinance No. _, Series of 2004, on the 5th day of November, 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 copy of the Ordinance passed on fmal reading and published by title as Ordinance No. __, Series of 2004. Louaiabia A. Ellis 2- ai l ll ~ ga : a, ig r ! " f Ii ' ~ ji l t- ! . i : 1. fi ! ; . a ; o. Ii rt : : - I r- B- . , . 4 r . sa . Ir i ti li 1 s t f · t a e 1r . . . 1tr ei = . ' w 1 c~ i = Jt ! IJ s 2 f 1 r f · aP . . f= l t g. iJ i 11 f ii~ i i I rII lf 1 ; 1 e- 1· 1 , 1 J· 11 ! 1 ~ ! t. l ' J ! 1· - ' ll ii r. ' if . [ ffr h l ! . I , j ii , i~ . . . I r· i' i~ E - a i . . ll ! j ' ! I· a. gt l l . , . · r1 ' I i~ I dH , J · i ~ f lf l- c L ~ f: a. ta g 1 , . f1= 11 1· ii J ~ ~ U n1 · f r at : : a. f. l ct [ ! . t tr i I i. q, l Be . B f , } if I f~ ! ~ f I l~ r 1! n i - J lf lf . r ~ g 11 . . l· a. r t f . f - , i ff a. it ~ D. I~ Ii . a I! ff ~ J g. q l aIl ; II ~ I: r a. . is . 11 ll f' J l, 1. , a· [ Ii i . a. , f I , 3" J f. ' . ~ 1: . j·l~ \ , , · , g1 . . . , , tj . . = · · r > : ' . ~ . ' T1 . : i . . . . ii i · : , 1: 1 ; , i I r t: r= r 1· ci t t ' 1 i I 0 0 U-18-2004 IE> 03:51 Pl1 Ellil.6ID llrlLITIES FAX Ill. 303 783 8884 ----.. P. 03 ~~4~ r-··~~. ni:1_,. ricli& till amSIGl aD ---11111 imtePetimM ha tlla..,.. tbe 1.r't:PJ& a,..iA, U..,,t M ftt+1JIQ!'ah«-wi ~ wtth-, ,__ _ altlla Ci&y'e ripg-Gt-way bJ die ac,. die LicluN lball. UJ1C1D nqaac 111d u ia mll a,ew. ,._., .-,,.., • ...- lea imtallal:imle eo U Id IO ~ wilb..., -=II-· 5. AAJ Npeir or replacement ol qy City imcallelimi 111ad.l ~. ill tbe ~ oltbe CiiJ'• Dinrmr oCUtilmel ---alcba COUIIICtia altbt W!J)iA. +Mr pf$ bM,. 414 eMebrfk or aclier appllrt,aam izlatelleia:.. w.-ellall lie mada et tbe .ai. ~ al tbe Lirawe. 8. Tha 11tipJ.ecioa mil cnnctitiau al thie Liw IUll lie ~ .... iat,o Clllml'IICt epeci!caaom ifdie CllllatrllCCicm henm autbariad la ID be dam a a Cllllltncc buia. T. The ripa lllli priwilelN panted ill thia ~ tball be wbject to prior ...-ta. licenNa ud/or pDCa, ,-dad or ~ aad is lhall be Illa Licalele"• toll reepcmlihilii, t11 d.iermim die mate-al Mid doeumanu or cmrilicrinc -. ar imtallatiana. 8. The ~ ahall concacc and tlilly CIIOPfflta lrich the CitJ'• penonnel 111d the CDll.ltz'ucQoa ahal1 be complececl wiibaui ~ with aay I.awful. uual or ordiAlary flow ot -cer throup the City Ditch. LM:en.. lhall -all riab iDcident liD tba ii-u,1- pneeace af 1uch -ie:rs. arr of simm watars. or ol nad'aca wetan in the Cicy Oiich. 9. All inncha QI' bDIH within the City'a riglw-«·Wtf mail be baclmllad •ml wiaped tO tbe of1IUl&I srowul line in layera aoc to excee lix (6) illCbll i-, mauure to a compaction ol mnaiy peaeanc (IK>'l') Standard l'Toetor MuiaaWD Demity. 10. ~-. by -ptanee al t.bia Licanae, arpr4eul, ...._ fllll .-d m= liabili~ fDr 1D1 w .ii damape al Pff7 naain to pe~ ar ;iroperty c:a11191l 'by ""* ~ tM ditch laakiq through cha ditch banb cir pipelilla at tha pat or paima wban dia LicelWff perfarma any work in CDIIDKtion w1th tbe craumc pro,,idld by tlue t.icema. TIie Lil:eDMe Ul13maa all naponaibilic, !or mua&anum ol tba imiallatioa. 11 . LiA:eJl8N aball indamuily and aave harmlea tba City , i&I a!lcan and employ-. ecawc 1111 and ell c:laima. damacc-. aa:coaa or cauaa ol action 111d upenaea till ·~ or wy may be aubjecead by -:eaon al said '1J4:::ra(L ~ @!!S 4;;,.A, _ A:ecntcf 1' < I beiq within and acn1111 and Wider the pnnniaN al tha Cily ~ by ruam al my wwk dam or aaliuicm :nada by l'..u:emN, ita apnta or employaN. iD c:mmactioD with cha caut:w:tioa. replacement, maiAlananct1 or repair al Mid inatallau11.11. 12. I t i1 exprnsly acned that in cau at't.ianaee', llrucb al my ol tbc within pramiMs. tba City may, at 1ta option. have .,.c& performance tlmNI. or 1ue !'or damac• rewl~ ~m. euch 'breach. 13. Upma alwldaament ol ~ richt or privilep banin srmud, die ript al l.i,ceneee to that exrent aball tanz1inata, but ita oblipaau to ind-niv and Mn hanalaa dla City, it.a omcen uui amp~. ahall aat tarmiuta :A uy - In ;rantin1 the above eucbarizatioG, cha Cicy mer,,.;. cha ricbt co mab flall 11M ol ii» property mvolvad u IUY 'be nacaMV)' ar c:on•elliallt ill :lie aperatlall ol the •ets -a plant and 171tam Wldft tlul cancrol al cbe City. 2- T!, FAI Ill. 303 783 8894 1D padDa dlD above lillbarialiaa. Ille Clay 19111'9 • lip& 1D alra fllll w oftm in,eny Dffll1wd • .-y be ow y orwww ·rm Iba c+Wllicm oltbe ...-wvra ,._ml.,.. allr caallOI ofdlil City. JN WT1'NESS WHEREOF dlil ima'J t • brm ._,. • oldl& clay wl year tklt ... wriltm. CJTY OF ENGLEWOOD By._,,_,--------- Cbainmn Eqkwood Water and Sewer Bomd The andmipd affie•" r~ C.7.,p..fU)ifty(. rmeaoma Ucemc .s asrw • •• hch:lft1•r-- bu rad tho lbetfwiD IC-Cept-:nd--:-will~. ::--lbide-:-:.-:-:-hy-all-::-::tho:---talDI--B~cmdi--,,,..nont-,-. --,,lblr-eo£..,,...----- My comrmssim expires: I / 1 ~ / f)QO?{ i J PARCEL NO. PE· I IXBIBrr"A" 10 CROSSING LICENSE FOR CRQS.WG J JCENSB QFJCIUPTION CJ City ofEnpwood Dkdl A S.00' wide UliJily liccmc a'Olling the Caty of£naiewood Ditdl, die anallac alsaid licmle bcina locared • the illlowins counc and ci-= · a pailll oa the e..ly odal aithe 2.5.00 ilac wide Clty aiEnpwood Ditdl, wbic:h is reaarded in Book 5372 a "9 3'7 and Book 12 • "9 71 and Book 153 V. • P'IF 222 ia -~ Calmly Remrdl, tom wbic:h the Saudi Qne.Qi.-__. at said Sec11aa 9 i-. Saudi 13• 39• sr e... c11111nce ot3S9.27 1111; THENCE .Nonll 19-S2' S3" Wat a cl.-of26.S7 feal to a pailll an the W-.ty alee of said 2.5 ilol wide City atEngtcwood Dildl. and die Nat olTenua-, tom which die Soulh ()no.Qlawoomarofsaid Seclioa 9 '-9Soulb ,.,. 42' I I" Ea aclilllnce of366J21=; The sides of said aossing cxtcndDd and sboncncd • neizsay, iamiaains a llmiu of said Caty of~ Ditch. Containing 133 squan: fed. 0.003 Acres more or less. Bcminp an: hued on a the F.alt line-of the Soudiwcs V. ofSeaioa9, Townahip 5 Soulh. It-. 61 Wf/11.. 6cb P .M. being a 3 '/, aluminum cap in IWIII' baat -.peel "22.571" • die Soulh V. Cons, and a R / C ~ •1.5 #120IJ" a the Nor'*-aimer of the SoudlCllll V. ofthe Saudi-. V. alSlid SeClian and, • sbowu and dml:ribad oa PIil of Windermere Equilics Subc&vision said line bean: Nonh 00" 24' er Wat (aamed). Paa-T. Ked Colorado PLS No. 31932 NorthSlar Consullin& Scrvica 1069S W. Devils Head Littlclon. co . 80127 303) 204-S628 Oared: 812&02 Job No. 080804 PAGE I OF2 t f I I I I I i I I I 2 of 2 1,. "''.IJiW m 111 11.i w 'l1Ca • ~,..i ,~ lllffi'D!lllll • r • 11. il. •• <l\100. iJ'& l!.l~·~tif ...,._.., '*-<fl~ i 225.82 ,---~ LOT2 BLOCK 1 YINDERMERE EQUIT!ES i:u B. i . BLOCK I ; IJ!NDERMERE ECU1TI£S SUB. / i i l I I 111 ii l!I .. . . :..,. u:j 1:4 1- l !:: Cit ;~ f .... Ii" .... .... ... 1111 I! J 5 : ui:~: ! t-1 IX' ~~! I I I I i I 11 """ ... ....; "" "" """""' . IIONUIIDITEO l.-NO SURVEY. IT IS INTENOED 1 ONLY TO DEPICT THE ATTACHED DESCRIPl'lON. CATE.: 8 /26 04 DRAWN BY: PK CHECl<ED BY : PK E: 1=50' Fl LE. 022008 ENGLEWOOD CITY DITCH -UTILITY CROSSING WINDOIERE EQUffllS SU8DMSION 5051 S. WINDOIEIE. UTT1£T'ON. CO. rn NORTHSTAR CONSULTING SERVICES 10895 w. OEVII.S HEM> um.£TON, COLORAOO 90127 (JOJ) 204-5628 t PARCEL NO. PE· 2 IXBIBrf"A" TO CROSSING LICENSI! FOR J A 5.00' wide udliry lic:cmc aossing the City ofEnafewood Ditch, the Cllllllrllnc of said 11-beilia locmed a !be fbllawina coune and diSlaDCe: leppaiq at a poinl OD the e-iy edF ofthe 25.CJO mot wide City ofEnplwoad Ditcb, wllicb is IIIClllded in Boak 5372 at 1'1p 357 and Boak 12 at l'lp 71 mi Boak 153 V. • l'IF 222 in .id AnplbDe Counly Recarch, am which tbe Soulb Qnc..QIISll:r earner ofsaid SeClioo 9 ban Saudi 19" 52' 59" Eaat a dlllaa of311.21 Im; THENCE .North 89" 52' 53" West a dillancc of27.66 Im to a poinl on die WCIICl'ly edF of said 25 bx wide City ofEn&lewood Ditch, and the Poiat olTeraiaa, am which die Soulb Ono,Qiaw earner of said Seaton 9 ban Soulh 24° 30' 5r Eaat a dlllaa of 321. 79 Im: The sides of said aosaing extended and shortened• ,-y, 1alllinatina at llmill of said Oty ofEnpewood Ditch. onmining 138~ k 0.003 Aaes moreorlesa. Bearings aR baled on a the Easl line of the Soudlwest V. ofScctioo 9, Township J Soudl. R-. 61 West, 6111 P .M. being a 3 V,alumimlm cap in rmlF boat Slalllped "'22571" at the Soudl V. eon., and a R/ C smaped WLS #12083" • the NoniaSI aimer of the Soudxd V. of the Soulbwat V. ofsaid SeClioo al. m shown mi dmaibed OD Pia of Windcrmcn: f.quities Subdivision said line bean: North 00° 24' 47' West (auncdl. Paa-T. Kaa Colorado PLS No. 31932 NonhScar Comultin& Services 10695 W. Devils Head Littleton. co. 80127 303) 204-5628 • OIied: 8/2&'02 Job No. 080804 PAGE I OFl t 1 I I ; I I I I i I I i i I I 2 ol 2 ii 'l'lllm! W 1111111/,9 • W.U n •J/4 W ,IIIC"JDnl ti T·•Q.IIMW, ~IJII& r1um--.o..i,s1 ........ .._,.,~ j I I LOT2 BLOCK I 1o1JNDE~R£ EOIJ!TTES Su,I. I 2l!Sa ./ / / f··-···~ ----------I • •··· ••••.• ·-·-• I Oty of &,gi.-?Itch' / . ; m "~ BLJC!t l 1 ' ~ IJINDER~:RE EOU!T!ES SUB. / :· ~ CL s• C=--«J S2' 53"Y . 27.66' 138 sq. Ft. a.a _ ·-----· ·~ NOlE: 1ltS ElCHBT DOES NOT REPltESEHT A IOIUIIEHTm UIND SUIMY. rr IS 1H1tNDED ONLY TO ot:PICT lHE ATTM:HEO DESCRIPl10N. I i , u ii I I ; i I W' -.... .... .... ..... • . 21 I DA~ 8 26 04 DRAWN 8Y: PK ENGLEWOOD CITY DITCH -UTIJTY CROSSlilG WINDOtER£ EQumEs SWDMSlcN CHECKED SY: PK I SCJU: 1 aso· I Fllf: 02200s OS I S. IINIIOIEll£. UT1\£TtlN. CO. , rn NORTHSTAR CONSULTING SERVICES 10ll5 •. DtW.s HrM) UTTl£TON. COI.OltAI)() IOI 27 (JO.J) 204-5128 1 C PARCEL NO. PE-3 EXBIBrr ,.A,. TO CllOSSING LICENSE FOil City ofEnalcwaod Dltdl A c:niaina lllillty line ...... pat of Lat I, Bladt I wi..-Ecpliel Subdlvmm. ,-did in Ila'-* or Ar11J1boe Coualy Clalc ct bmrdcr's Otllce, Anpaboe Ccusy, Colando, sill-.l widlin die Soudl.-Quallllr of Soc:dan 9, Tawmbip s SaU1b. R111F 61 Wes aftbe Sixlll Priai:ipll Mcridlln. Ar11J1boe County, Colarado. blinl- paumllrly dacribed. mllows: A S.00' wide imlily lic:cmc c:nmin& die C"aty of£nakwood Dhdl, the Clllallne ofsaid licemc bcina loc:aled • die filllowina counc md di-. a point on the Eaeerty edp oftbe 25.00 fboc wicll City o(Enajewood Oilr:h. wblda ii iecarded in Book S372 • Pip 3S7111d Book 82•Pap71111d Book 153 V. • Pip m In 111d AniplllDI Coualy ltallll'da, om wbicll lbc Soudl ~ aamer arsu1 Sec:doa 9 ti.a Saudi 'll1' 36' ,r Eat a c1111aa aC307.26 tm: THENCE . Nonh 89" S2' ST West a msimce of 27.66 fell to a point on tbe Welllrty edp ofSlid 2' ixlt wicll City ofEnglewood Dhdl. and die Poillt ofTenaiaa, om whidl lbc South~ comc:r ofsaid Sa:uon 9 bml Saudi 25" 16' 43"' Eal a msimce of 3IL26 lilcl: The sides ofsaid aossin& extcndod ~shortened• lllllll:lmY, taminain& • llmill of said City ofEnglewood Ditch. Comaining 138 squmc feel. 0.003 Aacs more or lea. Bcarinp are hued on al.be East line ofthe Souabwest V.ofSa:uon 9, Townsbq, JSoudl. llaRF 61 Wc,i. 6dlP.M. being a3 V,alum.ilUII cap in rllllF box~ "'22S71w • lbc Saudi 'A Corns, and a Ill C ~ -LS #120&3• • tbe Noruicmt earner ofthe Soudas V. oftbe Scubwell 'A ofsaid Section 11111. • sbowll 111d dllcribed on Pia of W-.odcrmcrc F.quilies Subdivision said line 1-s: Nonb 00" 24' 4r Well (.....0. PcurT. Kent Colonido PLS No. 31932 NonbSlar Consullina Sc:rvia:s I069S W. Devils Head Ultldon. CO. 80127 303) 204-S628 OIied: 8126'02 Job No. 080804 PAGE I OF2 I • t C 0 J 1,,---------------------------- I l i i arJ111t1••t11• .. •t11• -· Tll,!1 ...... -. tr -fll C Sb ..... - i l. _..-,. 11 1. u-1 llv . .. c, iii_a;_i;r;.,-------~ ... -: Iii. ii 9 o, 04 w.; : 1 ii !" ~- a3 i~ , ENGLEWOOD CITY DITCH -UTILJTI' CROSSING -----. Ii ..... Pl( '\ =,~ ., .. - in,111111.m. PU; 022008 h¥i::, ': ~~· r-... '-'l.!"~ ·,, ..... • t ORDINANCE NO. SERIES OF 2004 0 BY AUTHORITY COUNCIL BILL NO . 59 INTRODUCED BY COUNCIL MEMBER~~~~~- ABILLFOR 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. 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 Artitle XX of the Colorado Constitution and the home rule charter 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 finance or refinance one or more projects, including any land, buildings or other improvements, and all real and personal properties, whether or not in existence, which shall be suitable for residential facilities for low-and middle -income families or persons and intended for use as the sol~ place of re sidence by the J wners or intended occu'pants to the end that more adequate residential housing facilities for low-and middle-income families or persons may be provided, which promote the public health, welfare , safety, convenience and prosperity; and WHEREAS , the City is further authorized by the Act to issue its revenue bonds for the purposes of defraying the costs of financing or refinancing any such project, including all incidental expenses incurred in issuing such bonds, and to secure the payment of such bonds as provided in the Act; and WHEREAS , the City has previously made a loan of the proceeds of its Variable Rate Demand Multifamily Hou sing Revenue Bonds (The Marks Apartments) 1985 Series B (the "Original Bor.ds") in the original aggregate principal amount of $18, l 00,000 pursuant to the terms of an Indenture of TNSt 0 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 remarkcted as fixed interest rate bonds effective December 15, 1993, designated as the City of Englewood, Colorado Multifamily Housing Revenue Bonds (The Maries Apartments) 1985 Series B (the "Prior Bonds"), in the aggregate principal amount of SI 1,000,000; 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 pursuan\ 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 rerunding bonds under the Act to finance a portion 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) Serles 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 Banlc of New York, as trustee (the "Trustee") to pay a portion of the cost of the Refunding Project; and WHEREAS, the Owner will enter into a Financing Agreement, dated~ of December I, 2004 (the Financ ing Agreement") among the City, the Owner and the Trustee pursuant to which the proceeds of the BonJs will be loane d to the Owner (the "Bond Mortgage Loan''); and 2 0 0 r=~l l~ 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 arc 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 as of December 1, 2004 (the "Credit Enhancement Agreement") between the Federal Home Loan Mortgage Corporation ("Freddie Macj 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 remarkcting proceeds arc 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 l, 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 arc 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 collatcralizcd with other multifamily housing projects owned by EQR or its subsidiaries; and WHEREAS, the City has been requested to enter into an Intcrcrcditor Agreement (the lntercreditor 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 members, chief executive officer, or chief financial officer the authority to sign a contract for the purchase of se curities or to accept a binding bid for securities and, in addition, may delegate the following determinations to 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 securities may be redeemed before maturity ; (c) the existence and amount of any capitalized interest or reserve funds; (d) the pri ce at which the securities will be sold; (e) the principal 3 1 i • • rJ. 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 it is in the City's best interest to delegate to its Director of Finance and Administrative Services ("Chief Financial Officer") the powers 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 Agrccmcnt, (b) the proposed form of the Indenture, (c) the proposed form of the lntcrcrcditor Agreement, (d) the proposed form of the Amended and Restated Land Use Restriction Agreement dated as of December I, 2004 (the "Regulatory Agreement"), by and among the City, the Owner and the Trustee and (c) the proposed form 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 1. Le1al Authorization . The City is a duly organized and existing home rule municipality of the State, created and operating pursuant 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 . Findings. The City Council has heretofore determined, and does hereby determine, based upon the representations of the Owner, as follows: a) The Project is an eligible "project," as defined in the Acl 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 arc special, limited obligations of the City payable solely out of the income, revenues and receipts specifically pledged pursuant 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 Charter, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing 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, premium, if uiy, or interest on the Bonds or other costs incident thereto. The Bonds do llOt constitute a debt, loan, credit or plcdae o f the faith and c redit or taxing power of the State , the City or any political subdivision thereof. 4 0 . Section 3 . Authorization of l11uance of Bondi. To defray the cost of the Refunding Project, there is hereby authorized and created a scriea 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 S8,3SS,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 intereat ratel 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 subltantially the form u 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, u set forth in the Indenture. The maximum net effective interest rate on the Bonds shall not exceed 12.00-/e per annum. I Section I 1-S7-204 of the Public Securities Act provides that a r,ublic entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Public Securitiea 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 Bondi and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Bondi and each is hereby authorized to deliver the Bonds for and on behalf of the City to the Trustee for authentication pursuant to the_lndenture. The Bonds shall be sold to the Underwriter for the purchase price as set forth in the Purchase Agreement (subject to the limitatioas set forth herein). Section S . Deleaatloa . 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 th at the net effective intere st rate for the Bonds shall not exceed 12 .00-/o; (ii) the prior redemption provisions for the Bonds, provi de d, any redemption premium thereon shall not exceed 4% of the princi~ amount to be redeemed; iii) the orig inal 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 maru rity date for any Bond shall not be later than December I S, 2034. Section 6 . Approval and Antllorlzatlo• of Dec11-11. Tbe Indenture, the Financin& Agreem ent , th e Re gulatory Agreement, the lntercreditor Agreement and the Purchase Apeement be and the sa me are in a ll respects hereby approved, authorized and confirmed, and the Mayor (or Mayor pro tern ) is hereby autho ri zed and directed to execute and the C ity Clerk ii hereby aulborized and directed to affix the seal of the City and to attest the Indenture, the Financina Apecmenl. the Replatary Apeement. 5 t the Intercreditor Agreement and the Purchase Agreement in substantially the forms and content u presented to the City on thi1 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 neceasary, de1irable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modificatiom, addition1 and deletions from the form& thereof u before this date. Section 7. All Actlou Heretofore Takea. All actions (not inconsistmt with the provilion1 of this Ordinance) heretofore taken by the City Council and the officcn of the City directed toward the issuance and sale of the Bonds therefor are hereby ratified, :ipproved and confirmed. Section 8. Compllaace with the Act. The following determinations and findings are hereby made in accordance with Sectiom 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 interest on the Bonds (bued on the maximum net effective interest rates set forth herein, assuming that interCBt is paid monthly, and assuming no redemptions) shall not exceed: Principal Year 6m!!lm1 lntmJ1 I2l!l 2004 s s 44,560 s 44,560 200S 1,002,600 1,002,600 2006 1,002,600 1,002,600 2007 1,002,600 1,002,600 2008 1,002,600 1,002,600 2009 1,002,600 1,002,600 2010 1,002,600 1,002,600 2011 1,002,600 1,002,600 2012 1,002,600 1,002,600 2013 1,002,600 1,002,600 2014 1,002,600 1,002,600 2015 1,002,600 1,002,600 2016 1,002,600 1,002,600 2017 1,002,600 1,002,600 2018 1,002,600 1,002,600 2019 1,002,600 1,002,600 2020 1,002,600 1,002,600 2021 1,002,600 1,002,600 2022 1,002,600 1,002,600 2023 1,002,600 1,002,600 2024 1,002,600 1,002,600 202S 1,002,600 1,002,600 2026 1,002,600 1,002,600 2027 1,002,600 1,002,600 2028 1,002,600 1,002,600 2029 1,002,600 1,002,600 2030 1,002,600 1,002,600 6 2031 2032 2033 2034 8,3SS,OOO 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 1,002,600 9,357,600 b) Pursuant 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 bas covenanted tQ,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 Aareement 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 24-7S-601.1 of the Public Securities Act. Section 10 . Authority to Esecute aud Deliver Addltloaal Documeatl. 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 iauance of the Bonds and shall take all action necessary or desinble in conformity with the Act uid the Charter to finance the portion of the costs of the Project to be financed with proceeds of the Bonds and for carrying out, aivina effect' to and consummating the transactions contemplated by this Ordinance, the Financing Agreement, the Indenture , the Regulatory Agreement, the lntercreditor Agreement and the Purchase Agreemenr includina without limitation the execution, delivery and filina of any documents, statements or reports with the United States Internal Revcnuf' Service or with the Secretary of the United States Treuury or bis delepte necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, the execution of any letter of representation or similar document requirod of any securities depository , and the execution and delivery of additional security documents and any cloaina documents to be delivered in coMection with the sale and delivery of the Bonds. Section 11 . Bondi are Limited Obllaadoa1. The Bonds shall be special, limited obliptiona of the C ity paya ble solely from the receipts and revenues of the City Wider the Financilla Apeement !bat are speci fi cally pl edge d the re for under the Indenture; the Bonds shall never constitute a debt or 7 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 LlabWty. Nothina contained in this Ordinance or in the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Intercrcditor Agreement or the Purchase Agreement or any other instrument shall give rise to a pecuniary liability of, or a charge upon the general credit or taxing powen of, the City, the State or any county, municipality or political 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 lntercrcditor 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 u a business or in any manner. Section 13 . No Condemaadoa by City. The City shall noc condemD any land or other property for the Project Section 14 . Tnastee and Remarkedll1 Aaat. The Bank of New Vorlt is hereby appointed as Trustee and Paying Agent under the Indenture and Merrill Lynch, Pierce, Fenner & Smith Incorporated, is hereby appointed as Rcmarkcting Apt punuant to the terms of tbe Indenture. Section IS . Supplemental Ordinances. The City may, subject to the terms and cooditiOGS of the Indenture, pass and execute ordi'nances supplemental to this Ordinance which shall not be inconsistent with the terms and provisions hereof. Section 16 . Limitation or RJ1bt1 . 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 ri&ht, 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 bein& intended to be and bein& for the sole and exchllive benefit of the City, the Owner, the Underwriter and tbe owners oftbc Bonds u herein provided. 8 t 0 Section 17. Pled&e 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, filing, 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 . Offldal 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 . lmmanlty 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 recourse 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 u a condition of and as a part of the consideration for the issue, sale and purchase of the Bonds. Section 20. Llmltatlon1 oa Actloa1. In accordance with the Act, no action shall be brought questioning the legality of any contract, financing agreement, mortgage, ttust 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 counterpans, each of which sh a ll be an original and all of which shall constitute but one and the same instrument. Section 22 . Captloa1 . The captions or headings in this Ordinance are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections ofthis Ordinance . Section 23. Validity of Bondi . Each Bond shall contain a recital that such Bond is issued pursuant to the Act and the Public Securities Act, and such recital shall be conclusive evidence of its validity and of the regularity of its issuance . Section 24. lrrepealablllty . After any of the Bonds are issued, this Ordinance shall be and remai n irrcpealable unt il the Bonds and the interest thereon shall have been fully paid, canceled and di barged. 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 uncnforccability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 26. Repealer . All orders, ordinances, resolutions, bylaws, and rcgulatiom of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed 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 . ATI"EST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City ofEna)ewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in fbll, and puaed on first readina on ·the 18th day of October, 2004. Loucrisbia A. Ellis 10 t COUNCIL COMMUNICATION Date: Apndahem: Sul,fed: November 1, 2004 11 a i Bill for an Ordinance Adopting the Budget for Fiscal Yeill 200S Initialed ly: Slaff Soun:e: Department of Finance and Administrative Services Frank Gryatewicz, Director COUNCIL CiOAl AND PltMOUS COUNCIL ACTION City Council and staff held a 2004 Goals/200S Budget discuulon on April 10, 2004. A preliminary budget summary and update was done on August 23, 2004. A public hearing regarding the proposed 2005 Budget was held on September 20, 2004. lhe operatina budaets and Multiple Year C~ Pbn kif al City departments and funds was reviewed at a budaet worbhop held on September 2S, 2004. IKOMMINOID AC1ION Staff recommends C ii approve the pr~ bil for an ordinance adoptina the 2005 budget IACKGltOUNO, ANAi. YSIS, ANO AllHNATMS IDENTIRED The Charter of the City of En,lewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no l.ter than thirty ~ys prior to the first ~Y of the next fiscal year. FINANCIAL IMPACT The G ne,al Fund is budgeting total sources of funds of $34,509,485 and total uses of funds of SJS.402.725 leaving n unreserved/undesignated fund balance of $.3,706,482, or 10.9 percent of total re\-nues The total General Fund appropriation is $35,402,724 for 2005. UST Of AT1ACHMIN15 Pr d bill Of ordinance. C C ORDINANCE NO. SERIES OF 2004 BY AUTHORITY PILLN0.!1 INTRODUCED BY C~UNCIL MEMBER ------ ABILI.FOR f AN ORDINANCE ADOPTING THE BUDGET OF TJIE CITY OF ENOLBWOOI>, COLORADO, FOR THE FISCAL YEAR 2005. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2005 was duly submitted by the City Manager to the City Council on September 3, 2004; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 20, 2004. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manneP provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2005 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . That the budget of the City of Englewood, Colorado, for the fiscal year 2005, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 2005 . Section 2 . GENERAL FUND 200s QUPQET Total Fund Balance, January l, 2005 $ 5,896,328 Revenues Sales/Use Tax 20,718 ,171 Property and Specific Ownership Tax 2,777,719 Franchise/Occupation/Cigarette Tax 2,502 ,500 License/Permits n6,056 Intergovernmental Revenue l,305,SS2 Charges for Services 2,2SS,48S Cultural & Recreation 2,122,087 Fines & Forfeitures 1,378 ,147 Miscellaneous 214,225 Total Revenues S 34 ,049,942 Other Financing Sources .lli.HJ Total Sources of Funds S 34,509,485 1- t i;ill,llmlditures Legislation 344,544 City Attorney's Office 677,028 Municipal Court 898,874 City Manager's Office 590,206 Human Resources 531,500 Finance and Administrative Services 1,509,720 lnfonnation Technology 1,203,629 t Public Works 4,648,802 Safety Services 14,913,042 Community Development 1,514,203 Library Services 1,171,111 Parks and Recreation Services 5,137,250 Copti11cncies 210,137 Debt Service 2,052.678 Total Uses of Funds $35,402,724 Total Fund Balance, December 31, 200S $ S,003,089 Section 3. DEBT SERVICE FUNDS General Obligation Bond Fund Fund Balance, January I, 200S $ 80,088 Revenues $ 1,002,000 . Expenditures $ 1,006,220 Fund Balance, December 31, 200S $ 75,868 Paving District #JS Fund Balance, January I, 200S $ < S8,269> Revenues $ 35,033 Expenditures $ 7,775 Fund Balance, December 31, 200S $ <31,011> Paving District #38 Fund Balance, January I, 200S $ 3,669 Revenues $ 59,258 Expenditures $ 59,300 Fund Balance, December 31, 2005 $ 3,627 Concrete Replacement District 1995 Fund Balance January 1, 2005 $ < 7,615> • • Revenues $ 4,869 2- Expenditures s 3,350 Fund Balance December 31, 2005 s < 6,096> S~liQn4, SPECIAL REVENUE FUNDS CQnservatiQn Trust Fund t Fund Balance, January I, 2005 s 296,285 Revenues s 302,000 Expenditures $ 575,000 Fund Balance, December 31, 2005 $ 23,285 CQmmeceiill RevQlvio& l.Qan Food Fund Balance, January 1, 2005 $ 201,559 Revenues $ 500 Expenditure!l $ 30,500 Fund Balance, December 31, 2005 $ 171,559 CQmm!.IDio: Dexel1212meot E!.IDd Fund Balance, January I, 2005 $ -0- Revenues $ 432,176 Expenditures s 432,176 Fund Balance, December 31, 2005 $ -0- DQnQrs Fund Fund Balance, January I, 2005 s 363,420 Revenues s 136,250 Expenditures s 139,150 Fund Balance, December 31, 2005 $ 360,520 Ma)ley Center Trust Fund Fund Balance, January I, 2005 $ 205,276 Revenues s 3,000 • • Expenditures s 200,000 .. Fund Balance, December 31, 2005 s 8,276 3- P11Cks 11nd Rsic!ll11li2n Imt f11nd Fund Balance, January 1, 2005 $ 84,262 Revenues $ 14,000 Expenditures $ 10,777 Fund Balance, December 31, 2005 $ 87,485 . ' SR!lcilll Asmsmsiol Sllll!llls /& Dsificis:os.x F11nd Fund Balance, January 1, 2005 $ 50,027 .... Revenues $ 200 ·"' .. Expenditures and Transfers $ 26,000 Fund Balance, December 31, 2005 1 $ 24,227 OJ>c:n Sp!ICC Fl!Dd Fund Balance, January 1, 2005 $ 500,000 Revenues $ 502,000 Expenditures and Transfers $ 885,000 Fund Balance, December 31, 2005 $ 117,000 Ss:c1i2u ~. CAPITAL PROJECT FUNDS Public Improvs:ms:nt Fund Fund Balance, January I, 2005 $ 376,765 Revenues $ 2,801,026 Expenditures and Transfers $ 3,005,978 Fund Balance, December 31 , 2005 $ 171,813 C11pilal Projs:cts fond - Fund Balance, January I , 2005 $ 454,501 ~ Revenues and Transfers In $ 847,835 Expenditures $ 942,835 Fund Balance, December 31, 2005 $ 359,501 S~cti2n 2. INTERNAL SERVICE FUNDS • • Scrviccntcr f:110!1 Fund Balance, January I , 2005 $ 602,040 4- Revenues s 1,513,923 Expenditures s 1,519,029 Fund Balance, December 31, 2005 s 596,934 Cal!iml EQ11i12m1:ot R1:12l!l!.!:m1:ot f1md Fund Balance, January 1, 2004 $ 1,243,136 Revenues s 760,272 ' Expenditures s 1,432,697 .~ Fund Balance, December 31, 2005 s 570,711 ~ .. Risk Maoai!:ID!:PI fund Fund Balance, January 1, 2005 s 401,208 . Revenues s 1,131,641 Expenditures s 1,120,586 Fund Balance, December 31, 2005 s 412,263 Em1!loy1:1: Benefits l:llnd Fund Balance, January 1, 2005 s 242,672 . Revenues s 4,482,145 . ' Expenditures s 4,479,002 Fund Balance, December 31, 2005 s 245,815 C1:D1cal Smim fund Fund Balance, January 1, 2005 s 233,748 Revenues s 325,000 Expenditures s 377 ,094 Fund Balance, December 31, 2005 $ 181,654 Section 7 . ENTERPRISE FUNDS Water Fund Fund Balance, January I, 2005 s 2,326,170 Revenues s 6,637,572 • • C Expenditures s 8,575,934 5- Fund Balance, December 31, 2005 Sewer Fund Fund Balance, January I, 2005 Revenues Expenditures Fund Balance, December 31, 2005 Stonn Drajnage Fund Fund Balance, January 1, 2005 Revenues Expenditures Fund Balance, December 31, 2005 Go\fCour,e Fund Fund Balance, January 1, 2005 Revenues Expenditures Fund Balance, December 31, 2005 Concrete Utility Fund Fund Balance, January 1, 2005 Revenues Expenditures Fund Balance, December 31 , 2005 Housing Rehabilitation Fund Fund Balance, January 1, 2005 Revenues Expenditures Fund Balance, December 31, 2005 387,808 50,172,925 8,595,318 27,543,909 31,224,334 462,534 s 308,000 s 401,842 s 368,692 s 708,290 S 2,185,545 1,902,789 s 991,046 s 475,463 s 579,125 S 702,997 S 351,591 1,019,789 1 ,062,000 1,062,000 1,019,789 Sec tion 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public i11Spection . Sufficient copies thereof shall be made avai lable for the use of the City Council and the public, the number of copies to be determ ined by the City Manager. 6- t Introduced, read in full , and passed on first reading on the 1st day of November, 2004. Published as a Bill for an Ordinance on the s•b day of November, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a bUe copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of November, 2004. Loucrishia A. Ellis -7- COUNCIL COMMUNICATION Date: Agenda Item: Subject November 1, 2004 11 a ii Bill for an Ordinance Appropriating Funds for Fiscal Year 2005 Initiated By: Staff Soun:e: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2004 Goals/2005 Budget discussion on April 10, 2004. A preliminary budget summary and update was done on August 23, 2004. A public hearing regarding the proposed 2005 Budget was held on September 20, 2004. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget workshop held on September 25, 2004. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for fiscal year 2005. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The General Fund is budgeting total sources of fu nds of $34,509,485 and total uses of funds of $35,402,725 leaving an unreserved/undesignated fund balance of $3,706,482, or 10.9 percent of total revenues . The total General Fund appropriation is $35,402 ,724 for 2005 . LIST OF ATTACHMENTS Proposed bill for an ordinance . • . ' • "- C ( ORDINANCE NO. SERIES OF 2004 BY AUTHORITY /4.IIU.POI. ' IL AN OIDINANCB APPR.OPIIATING MONIES FOR ALL MUNICJpAL POllPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR feoJNNJNo JANUARY I, 2005, AND BNDINO ~31, ..._ CONSTITUTING WHAT IS TERMED THE ANNUAl: APPi(~ BILL FOR 'THI PISCAL Y!All 2005. r WHEREFORE, City Council and staff held a 200S budget and goal setting meeting on April I 0 , 2004; and WHEREFORE, a public bearing on the Proposed 200S Budget wu held September 20, 2004; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 2S, 2004; and WH EREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon I . That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of lic:cnsc fees and from all other sources of revenue including available fund balance durin1 the year beginning January I , 200S , and ending December 31, 200S, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto , specifically u follows : GENERAL fUNP Legis latio n City Attorney's O ffice M un ici pal Coun City Man age r's Office Human Resources Finance and Adm inistrati ve Services Informati o n T ec hnology Publ ic Works Safe ty Serv ices Commun ity Deve lopme nt. Li brary Serv ices Parks and Recreat io n Services Cont ingencies -1- s 344 ,544 677 ,028 898 ,874 590,206 S31 ,SOO 1,509,720 1,203 ,629 4,648 ,802 14,913 ,042 l,S 14,203 l ,1 7 1,111 S.137,2 SO 2 10,137 t ... • • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund CONCRETE REPLACEMENT DISTRICT 1995 Total Concrete Replacement District 1995 PAVING DISTRICT #35 DEBT SER,YICE FUND Total Paving District #35 Debt Service Fund PAVING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund CONSERVATION TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORS FUND Total Donors Fund MALLEY CENTER TRUST FUND Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Park s and Recreation Trust Fund -2- 1,578,135 474,543 S 35,402,724 S 1,006,220 s 3,350 S 7,775 S 59,300 S 575,000 S 30,500 $432,176 $139,150 $200,000 S 10,777 ' .,.. .. • • SPECIAL ASSESSMENT SURPWS & DEFICIENCY FUND Special Assessment Surplus & Deficiency Fund S 26,000 OPEN SPACE FUND Total Open Space Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND Total Capital Projects Fund SERVICENTER FUND Total ServiCenter Fund CAPITAL EOUIPMENT REPLACEMENT FUND s 885,000 S 3,005,978 S 942,835 S 1,519,029 Total Capital Equipment Replacement Fund S 1,432,697 CENTRAL SERVICES FUND Total Central Services Fund S 377,094 RISK MANAGEMENT FUND Total Risk Management Fund S 1,120,586 EMPLOYEE 'l'EFITS FUND Total Employee Benefits Fund $4,479,002 Total Water Fund Total Sewer Fund WATER FUND SEWER FUND STORM DRAINAGE FUND -3- $8,575,934 $27,543,909 Total Storm Drainage Fund GOLF COURSE FUND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund S 401,842 S 1,902,789 S 702,997 S 1,062,000 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 200S. Sectjop 3. All monies in the bands of the Director of Finance and Administrative Services, or to come into the Director's bands for the fiscal year 200S, may be applied on the outstanding claims now due or to become due in the said fiscal year of 200S. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 200S, may be so distributed among the respective funds herein u the City Council may deem best under such control as is provided by law . Sectjop 5. During or at the close of the fiscal year of 2004, any surplus money in any of the respective funds, after all claims for 2004 apinst the same have been paid, may be distributed to any otber fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 1st day of November, 2004 . Published as a Bill for an Ordinance on the Sth day of November, 2004. ATTEST : DouaJas Garrett, Mayor Loucn hia A. Ellis, City Clerk -4- C I, Loucrishia A. Ellis, City Clerk of the 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 on first reading on the 1st day of November, 2004. Loucrisbia A. Ellis -5- • • COUNCIL COMMUNICATION Date: Agenda Item: Subject November 1, 2004 11 a iii Bill for an Ordinance Adopting the Budget for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2005 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2004 Goals/2005 Budget discussion on April 10, 2004. A preliminary budget summary and update was done on August 23, 2004. A public hearing regarding the proposed 2005 Budget was held on September 20, 2004. The operating budgets and Multiple Year Capital Plan for all City departments and funds was r evi ewed at a budget workshop held on September 25, 2004. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the budget for the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2005. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/ Englewood Wastewater Treatment Plant A part of the duties include adopting bills for ordinances for the 2005 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal yea r. FINANCIAL IMPACT The Li ttleton/Englewood Wastewater T~eatment Plant is budgeting a beginning funds a ailable balance of $115,674, total sources of funds of $42,048,134, and total uses of funds of S42 ,048, 134, leaving the endi ng funds ava ilable balance at Sl 15,674. The total appropria ti on (use of funds) for 2005 is $42 ,048, 1 H . LIST OF ATTACHMENTS Pr oposed bill tor an ordinance. ,. t • • - ( BY AUTHORITY ORDlNANCE NO. SERIES OF 2004 fA.BJLLl'OI. , COUNaL 811.L NO. 6J ~CEDBYCOUNCa •N OJlDINANCE ADOPTING 11IE BUDGET FOil THI LlTTLflONI WASTEWATER TREATMENT PLANT FOR THE FISCAL WHEREAS, pursuant to the provisions of an agrccmcnt between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2005 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 19, 2004 and submitted to the City Council; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September 26, 2004, regular notice of the time and place of said bearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, bas studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2005 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNca OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2005, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood WasteWatcr Treatment Plant for the fiscal year 2004, as follows : Littleton/Engtewood Wastewaier Treatment Plant Fund Balance -January I, 2005 Revenues Expenditure s Fund Balance -December 31. 2005 -1- S 115,674 42,048,134 42,048,134 115,674 '· t .. •. • • Sectjon 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be detennined by the City Manager. Introduced, read in full, and passed on first reading on the 1st day of November, 2004 . Published as a Bill for an Ordinance on the 5th day of November, 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 copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of November, 2004. Loucrisbia A. Ellis -2- • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 1, 2004 11 a iv Bill for an Ordinance Appropriating Funds for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2005 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2004 Goals/2005 Budget discussion on April 10, 2004. A preliminary budget summary and update was done on August 23, 2004. A public hearing regarding the proposed 2005 Budget was held on September 20, 2004. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget workshop held on September 25, 2004. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for the Littleton /Englewood Wastewater Treatment Plant for fiscal year 2005. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/ Englewood Wastewater Treatment Plant. A part of the duties include adopting bills for ordinances fo r the 2005 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal yea r. FINANCIAL IMPACT The Littleton/Englewood Wastewater Treatmen t Plant is budgeting a beginning funds available balance of S 115 ,674, total sources ot funds of $42.048, 134, and total uses of funds of $42,048.134, leavi ng the ending funds available balance at S 115,674. Th e to tal appropriation (use oi iunds ) for 2005 is $42,048,134. UST OF ATTACHMENTS Pro posed bill ior an o rdinan c e. ' • • ORDINANCE NO. SERIES OF 2004 BY AUTHORITY AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ ' ENGLEWOOD WASTEWATEll TREATMENT PLANT 1't1RP011S Dr'l'III FISCAL YEAR BEGINNING JANUARY I, 2005, AND ENDINCi DECEMBER 31, 200S, CONSi'ITUTING WB.AT JS TBllMBD 1111 ANNUAL APPROIIJATJON BILL FOR THE FISCAL YEAR 2005 . ( WHEREAS, the Cities of Englewood and Littleton entered into a coatract to build, maintain, and operate a joint Waste Water Treatment Plant facility; and WHEREAS , the operations, including budget matters, or this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littlcton/Englcwoocl Wute Water Treatment Plant under the control or the Supervisory Committee; and WHEREAS, the Littleton/Englewood Waste Water Treatment Plant bas its own fund for operations and maintenance; and WHEREAS , the Supervisory Committee approved the following as the 2005 budget at the August 19, 2004 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon I . That pursuant to the LittletonlEnglewood Wute Water Treatment Plant agreement, there be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wutewater Treatment in the City of Englewood , Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant fund including available fund balance durina tbe year beginning January I , 200S, and ending December 31, 200S, the amounts hereinafter set forth for the object and purpose specified as follows: Tota l Littl eto n/E nglewood Wastewater Treatment Plant Fund S 42,048,134 Introduced, read in full, and passed on first reading on the I st day of November, 2004. -1- .. ' • • Published as a Bill for an Ordinance on the Sib day of November, 2004 . Douglas Garmt. Mayor ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on fint reading on the 1st day of November, 2004. Loucrisbia A. Ellis -2- • • C BY AUTHORITY COUNCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AM OaDINAMCll OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL 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 THEREWITH; 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 Article 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 forth in Section I of this Ordinance); and WHEREAS, pursuant to Section I 04 of the City Charter, 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 electon of the City voting on the Ballot Question: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED SlS,100,000.00 WITH A REPAYMENT COST OF $25,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED $1,300,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS PAYABLE FROM SUCH CITY FEES, TAXES OR OTHER REVENUES AS THE CITY COUNCIL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST RATE , DATED AND SOLD AT SUCH TIME OR TIMES AT SUCH PRICES (AT, ABOVE , OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT I CONS ISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND IN CONNECTION THEREWITH IF DETERMINED BY THE C ITY COUNCIL (1) SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE I CREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE , WITHOUT LIMITATION AS TO RA TE OR AMOUNT OR ANY OTHER CONDITION, AND (II) SHALL THE REVENUES FROM SUCH TAXES AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER . \PPROVED REVENUE CHANGE? WHEREAS , the Counci l has not previously issued debt pursuant to such voter aUlborizarioa and ha s determined that it i in the best interests of the City and its residents to i ue S3,07S,OOO in principal 0:.1 6 51 ' • • 0 Cr 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 wilJ 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 finn is to the best advantage or'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, Pan 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 Ordinance; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Definitions. The following terms shall have the following meanings as used in this Ordinance : "Act" means Part 2 of Article 57 of Title II, Colorado Revised Statutes, as amended, or any successor statlltes thereto. "Ballot Question" means the ballot question approved by City voters quoted and defined as 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 arc applied. to 'satisfy the obligations of the Bonds. The Bond Account shall be a subsidiary account of the appropria&e fund or account of the City and separately accounted for by the City in accordance with the provisions hereof. "Bond Counsef' means (a) as of the date of issuance of the Bonds, Kutalt Rock LLP, and (b) as of any other date, Kutak Rock LLP or suc h other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. "Bond bts11rance Policy" 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 fll surer" means entity, if any, designated in the Sale Certificate which is to issue the Bond In urance Policy . '·Bond Obligation" means, as of any date, the principal amount of the Bonds Outstanding as of such date. 2 ' .. • • - 0 CJ "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 arc 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 arc direct, non callable obligations of the United States of America or which arc fully and unconditionally guaran te ed as to the timely payment of principal and interest by the United States of America, to the extent such investments arc Permitted Investments. "DTC" means The Depository Trust Company, New York, New York, and its succcsson 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. "faent of Default" means any of the events specified in the Section hereof titled "Events of De fa ult ." "Int erest Pay ment Date" means the dates established in the Sale Certificate for the payment of inte re I on the Bonds. "Official Statement" means the final Official Statement relating to the Bonds. "Oil/standing" means, as of any date, all Bonds issued and delivered by the City, except the followi ng : (a) any Bond cancelled by the City or the Paying Agent, or otherwise oo the City's behalf, t or before uch date ; ' I ) I 3 t . .... .. .. • • • ·• 0 (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 "Defcasance"; 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" mean s 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 . "Proj ec t" 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 provisions 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 or not such day is a Business Day) in which such Interest Payment Date occurs and, if the Interest Pa)'lllent 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. "Ordinan ce" means thi s Ordinance, including any amendments or supplements hereto. "Sale Certificate" means the ce rtificate executed by the Sale Delegate under the authority delegated pursuant to this Ordinance, including but not limited to the Sections hereof titled "Bond 02-1 6~ SI 4 ' .. .. • • 0 0 CJ 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 Ins urance 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 pwposc of providing funds for the Project . Section 3. Bond Details. (a) Registered Form, De110111l11otlo11s, Doted Dote ""' N11111berillg. 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 SS,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) Maturity Dotes, Prl11ciJl"I A111ou11ts Olld l11knst Ratn. The Bonds shall mature on the Principal Payment Date of the years and in the principal amounts , and shall bear interest at the 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) Accruol 011d Dain of Pay111e11t of l11tnest. 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 bas been paid in full and shall be payable on each Interest Payment Date. (d) Manner a11d For• of Poy111e111 . Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof titled "Definiti o ns" or at 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 each Interest Payme nt Date to the Owner thereof as of the close of business on the conesponding 0~-1 65 5 I 5 ' ... .. . . • • -·• • 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 Registration. 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 OTC, acting as securities depository of the Bonds and principal of and interest on the Bonds shall be paid by wire transfer to OTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that OTC 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 OTC. Neither the City nor the Paying Agent shall have any liability to OTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds kc reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Pen;on 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 OTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistcrcd. Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Rede111ptio11. The Bonds shall be subject to redemption at the option of the City, in whole or in pan, and if in pan 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. I (b) Ma11datory Si11ki11g F1111d Rede111ptio11 . 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 price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. The Council hereby delegates to the Sale Delegate the authority to determine the principal amounts and dates on which the Bonds shall be subject to mandatory sinking fund redemption. (c) Rede111ptio11 Proced11rn . 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 more than 60 days nor less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bond o to be r~-deemed (if redemption shall be in pan) and the redemption date. lf any Bond hall 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 pa the redemption price of uch Bond on the redemption date, then such Bond shall become due and payable at such 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 redcmplioo notice shall not 0:.1 65 5 I 6 t ... .. ( ( • • 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 S. Security for the Bonds. (a) General Obligadons . The Bonds shall be general obligaiions 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 Va/ore• Taxes. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council shall annually detennine 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. 1 (c) Applicadon of Proceeds of Ad Vlllore• 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 B"dgedng of Proceeds of Ad Vlllore• Taxes. Moneys received from the general ad valorem taxes levied pursuant to subsection (b) of this Section in an amount sufficien~ 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 A""111ce of Otltn Lq.Jly ANilak MMqs. 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 ofor interest on the Bonds, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pursuant 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. (f) Certiflcado11 to Co""ty Coaaiui011en. It is hereby declared that, if the City docs not otherwise determine and cenify to the Board of County Commissionen 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 unount of ad valorem taxes to be levied by the Board of County Commissioners of the County from time to time, u required by law , for the purpose of paying the principal of and interest on the Boods when due . 02·1 6S SI 7 (< ' • • - 0 (g) Deposit of Moneys to P11y Bonds with , 11nd P11yment of Bonds by P11ying 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 int.crest 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 fonn 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 are 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 arc incorporated herein as if set forth in full in the body of this Ordinance. Section 7. E][ecutlon of Bonds . 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 the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk of the Council, all of whom arc 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 exec·J ted, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be sec 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 certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond bas been properly authenticated and delivered hereunder. Section 8. Temporary Bonds. Until Bonds in definitive fonn arc ready for delivery, the City may execute, and upon the request of the City, the Paying Agent shall authenticate and deliver, subject to the 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 Bonds, with :i ppropriatc omissions, variations and insertions, and in authorized denominations. Until exchanged for Bonds in definitive fonn, such Bonds in temporary fonn shall be entitled to the benefits and sec urity of this Ordinance . Upon the presentation and surrender of any Bond in temporary fonn, the City shall, wi thout unreasona ble de lay, pre pare, execute and deliver to the Paying Agent and the Paying Agent sha ll a uthenti cate a nd de live r, in exchange there for, a Bond or Bonds of the same series in definit ive form . Such excha nge sha ll be made by the Pay ing Agent without making any charge therefor to the registered o wner of such Bond in te mporary form . Section 9. Registration of Bonds In Registration Books Maintained by Paying Ageut. The Pay ing Agent sha ll ma intain regi stration books in which the ownership, transfer and exchange of Bonds sha ll be rec o rded. The person in whose name any Bond shall be registered on such registration book shall be d eem ed to be th e a bsolute owner thereof for all purposes, whether or not payment on any Bond shall be overdue, and ne ith er th e City no r the Paying Agc:nt shall be affected by any notice or other information to th e contra ry . Section I 0. Transfer and E][chan1e of Bonds. The Bonds may be transferred or exchanged at the principal o ffi ce of the Payi ng Agent in the ci ty identi fi ed in the definition of Paying Agent in the 02·1 6585 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 pan 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 Bonda. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the fonn 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 the 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) lniliol 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, the remaining proceeds of the Bonds. Section 13. Investments. Proceeds of the Bonds delivered to the City pursuant 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 Investments, provided that the investment of such moneys shall be subject to any applicable restrictions set fonh in the Tax Letter 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, Declarations and Covenants. The Council, havi ng been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) voter approval of the Ballot Question was obtained in accordance with all applicable provisions of law ; 02-l 86S8S I 9 ' • • ·• • 0 0 (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 OTC Blanket Letter of Representations to be entered into with OTC will govern the book entry registration system for the Bonds; and ( e) the issuance of the Bonds and all procedures undertak,m 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 l S. Federal Income Tax 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) Prohibited Actions. 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) AjJir,naave Actions. 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 !he 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 particular, but without limitation, the City represents, warrants and covenants to comply with the fi;,llowing 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 information required to be filed pursuant to Section 149(e) of the Code. (c) Tax Letter of Instructions . 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 opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for feder.il income tax purposes, the City will thereafter comply with the new Tax Letter of In structions . 02 -1 6S8S I 10 ' .. • • ( ( ·• (d) Designation of Bonds as Q11alifU!d Tax Exempt Obligations. The City hereby designates the Bonds as qualified tax exempt obligations within the meaning of Section 265(b)(3) 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(c)(3) 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 arc subject to substantial control by the City, arc 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 defcased 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 of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bonds when due. (b) Breach or Nonperformance of Duties. Breach by the City of any material covenant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of 60 days after receipt by the City Attorney of written notice thereof from the Paying Agent or from the Owners of at least I 0% of the aggregate amount of the Bond Obligation, provided that such 60-day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure . (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City's assets or revenues is entered with the consent or acquiescence of the City or is c;;tered without the consent or acquiescence of the City but is not vacated , discharged or stayed within 30 days after it is entered. 02-186585.1 II ' -~ .. • • 0 . 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) Foilure To Pursue Remedies Noto Rekoe; Rig/tts Cu,,.u/otil't!. 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 exercise 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 T/tird-Porty Benejlciory; Rig/tt To Control Re,,.edks. 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 Policy, the Bond Insurer shall be entitled .to control and direct the enforcement of all rights and remedies granted to the Ownen under this Ordinance and pursuant to State law. Section 19. Amendment ofOrdlnance. (a) .A,,.endments Permitted Wit/tout Notice to or Co,ue11t of 0-ers. The City may , without the consent of or notice to the Owners of the Bonds, adopt one or more ordinances amending or s upplementing this Ordinance (which ordinances shall thereafter become a part hereof) for any on e or more or all of the following purposes : ~-1 6S8S I (i) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent 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 ys tem; 12 ' ... .. .. • • ( ( 0 0 (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 1111d Conse11t of Ow11ers . 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 tenns 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 1111d Obt11i11lng Co11se11t of Ow11en . 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 fonh 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 this subsection. (d) Co11u11t oftlle B011d l11s11rer ln AddJtio11 ta Coll#III of 0-.en. 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 required, 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 of Paylna Aaeat. The Paying Agent identified in the Section hereof titled "Definitions" is hereby appointed as paying agent, registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its pred ecessor shall immediately turn over all its records regarding the Bonds to such successor. The Paying Agent shall agree to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 21. Approval of Related Documeat1. The Council hereby ratifies and approves the distribution and use in connection with the offering of the Bonds of the Preliminary Official, Statement relating to the Bonds; authorizes and directs the preparation of, and authorizes and directs the execution by the Mayor of an Official Statement for use in connection with the sale of the Bonds in substantially the fo rm of the Preliminary Official Statement, with such changes therein, if any, not inconsistent herewith, as are approved by the Mayor (whose signature thereon shall constitute conclusive evidence of such 02 -186585 I 13 t .. .. .. • • 0 0 approval); and for a period of 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 are hereby authorized and directed to execute an undertaking to facilitate compliance with Securities and Exchange Commission Rule 15c2-12 (17 C.F.R. § 240.15c2-12), the OTC 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 1 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 Bu1lne11 Day,. 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 Action,. 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 Bondi aad lrrepealable. After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Ownen of the Bonds and shall be and remain irrepcalable 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 thi s Ordinance. Section 27. Severabllity. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the a pplication thereof is d'etermined 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 provis ion hereof or the application of the provision in question to any other situation; and if any provision he reof or the application thereof is determined by a court or administrative body to be valid or e nforceabl e only if its application is limited, its application shall be limited as required to most fully implement its purpose. 02 -1865 5 I 14 ' .· .. -· C • • C Section 28.Repeal of Inconsistent Ordinances, Re1olutlon1, Bylaws, Rule. and Orden. All ordinances, resolutions, bylaws, rules and orders, or parts thereof, that are inconsistent with or in conflict with this Ordinance, are hereby repealed to the extent of such inconsistency or conflict. Secdon 29. Ratification 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 on first reading on the 18th day of October, 2004. Published as a Bill for an Ordinance on the 22nd day of October, 2004. Read by title and passed on final reading on the 1st day of November, 2004. Published by title as Ordinance No._, Series of 2004, on the s• day of November, 2004. Douglas Garrett, Mayor AlTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify tbat the above and foregoing is a true copy of the Ordinance passed on final reading 111d published by title u Ordinance No. __, Series of 2004 . Loucrishia A . Ellis 02 ·1865 5 I 15 • t • • 0 No.R Interest Rate __ % REGISTERED OWNER: ·• • • APPENDIX A FORM OF BOND UNITED ST A TES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION BOND SERIES2004 Maturity Date Original Dated Date Cede&Co. Tax Identification Number: 132555119 PRJNCIPAL SUM :•• DOLLARS•• $ __ _ 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 th e 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 Payment 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 P·ayment 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 docs 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 funher, 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 Bu siness 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 sc heduled to be made. All payments of principal of and interest on thi s bond shall be made in lawful money of the United States of America. 02 -1 6585.1 ' .. .•' • • C. • 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 Anicle 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 ST A TEMENT IN TH1S 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 cenify 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 propeny in the City, sufficient to pay the princip .. : of and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. [The redemption provisions from Section 4 of the Ordinanc.: and the Sale Certificate shall be set fonh 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 number 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 such 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 redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name this bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for all purposes, whether or not payment on this bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any noti ce or other information to the contrary. This bond may be transferred or exchanged at the principal o ffi ce of the Paying Agent in Denver, Colorado, or at such other office of the Paying Agent designated by the Pay ing Agent for such purpose for a like aggregate principal amount of Bonds of other authorized de no minations (SS,000 or any integral multiple thereof) of the same maturity and interest rate, upon pay ment b y the transferee of a reasonable transfer fee established by the Paying Agent, together with any tax or go emmental charge required to be paid with respect to such transfer or exchange and any cost of pr int in g bo nds in connection therewith. Notwithstanding any other provision of the Ordinance, the Pay ing Age nt hall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole o r m pan be tw een the Business Day immediately preceding the mailing of the notice of redemption and 02 -1 M ! I A -2 t .. • • the redempt ion 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 Qf 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 perfonned, precedent 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 C. 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-~~~~~~~~~~~~~- Autboriud Signatory STATEMENT OF INSURANCE [Statement of bond insurance required by the Commitment, if any.] 02-186585.1 A-4 .. ·, t ... • • .. APPROVING LEGAL OP.INION Set forth below is a true copy of the approving legs! opinion ofKutak Rock LLP, delivered on the date on which the Bonds were originally issued: [The form oflegal opinion of Bond Counsel shall be set forth here.] I, the undersigned c·ty Clerk of the City of Englewood, Colorado, do hereby certify that the foregoing approving opinion of Kulak 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 ffacsimilc 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 books 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 assignment 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-l 86S8S . I A-5 • • C A RESOLUTION EST A.BUSHING TitE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council for the City of Englewood, by Section 49 of the Englewood Home Ruic Charter, has the responsibility of establishing the salary for the City Manager; and WHEREAS, after discussion and agreement with the City Manager, the City Council has determined that the salary of the City Manager shall be adjusted to reflect market saluy levels of City Managers in the Denver Metro Arca; NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The annual base pay for the City Manager shall be $132,500 commencing November l, 2004. Section 2. The City Manager is eligible for a retention bonus of SI 0,000 to be paid November I , 2005, ifbc is still employed with the City of Englewood on that date. ADOPTED AND APPROVED this 1 • day of November, 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 .. t .. .. • • ( U80LUTIONNO. SERIES OF 2004 A RESOLlTnON ESTABLISHING 11D ANNUAL SALAllY POI. 111B CITY ATTOINEY OF TIIE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council, by Section 64 of the EnaJcwood Home Rule Charter, bas the responsibility of appointing and establishing compensation of the City Auomey; and WHEREAS, after discussion and agreement with the City Attorney, the City Council bu dctermincd that the salary of the City Attorney shall be adjusted to reflect market salary levell of City Attorneys in the Denver Metro Alea; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The annual base pay for the City Attorney shall be $128,400 commencing November I, 2004 . ADOPTED AND APPROVED this 1• day of November, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cenify the above is a true copy of Resolution No ._, Series of 2004. Loucrishia A. Ellis, City Clatt . "tit . .. • t • A,UIOUfflON BSTABLISHING 1111! COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORAOO. WHEREAS, the City Council, by Section 68 of the Ena)cwood Home Ruic Charter, bas the responsibility of establishing the salary for the Municipal Cowt Judac; 111d WHEREAS, after discussion 111d agRCmeDt with the Municipal Court Judge, the City Council bas determined that the salary of the Municipal Cowt Judp lball be adjusted to retlec:t market salary levels of Municipal Cowt Judges in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, THAT : Section 1. The annual salary for the Municipal Court Juciae lball be SI 06,000 commencing November I , 2004. ADOPTED AND APPROVED this 1 • day of November, 2004. ATTEST : Loucrishia A. Ellis , City Clcrlt I, Loucrishia A. Ellis , City Clcrlt for the City of Englewood, Colorado, hereby catify the above is a true copy of Resolution No . __ , Series of 2004. Loucrishia A. Ellis, City Clcrt ( (_ ( 1. 2. caJltoorder I');~ Invocation-~:..:..._ __ 3. Pledge of Allegiance --- 4. Roll call Members: 5. ·• • • • r . { \ I I I~ ~~ 11/t/lJf •· • Lf?o- (i) ·• • • n \' . hJ (-----l (c3.._) ------....---- ---··---.·· --......___ __ -'"" ----'---- ,, --. ;. . ' • • 1. 2 . 3 . 4. AGENDA FOR THE REGULAR MEETING OF HE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 1, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. r,,Jp ~ lo~atioo. ~wt Pledge of Allegiance.jlfJ' V .. RollCall . {f -/ (~ 5. Consideration of Minutes of Previous Session. ~W",/ M;oote> •om lho R...,S, 0~ Cooocil mootiog of De'°"" 18, 2004~ 6. Recognff heduled Public Comment (Please.limit your presentation lo ten minutes.) 7. Recognition of Unscheduled Public Comment. (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 G7on.) 8~. ~~munica tion s, Proclamations, and Appointments. · ~~clamation declaring November 1, 2004 as National Family Literacy Day~ 9. Consent Agenda Items . a. Ap'il,ff Otdinances on First Reading . Please note: If you have a disability and need auxiury aids Of services, ~ notify lhe City cl Enstewood (3 03 -76 2-2 405) al least 48 hours in advance of when services -needed. TIWllc ,<, t ,loo .. .. .• • • ·• -- • 0 0 . Eng lewood City Council Agenda November 1, 2004 i~ ~Y :,:~s,ro,aR .. a;,, i. r;JJ~ rN~~ ii. Council Bill No. 56, approving Southgate Supplement No. 157 to the Connector's Agreement with Southgate Sanitation District. Council Bill No. 57, approving Southgate Supplement No. 158 to the Connector's Agreement with Southgate Sanitation District. (f2 J JJ _i_ iii. Council Bill No. 58, approving the City Ditch License Agreement and Construction d' c R,;·::o~:~;~:·;:;~\ ~ 10. Public Hearing Items. Of" -~-~ {;SY a. Public comment on Council Bill No. 59, approving a refunding of the Marks Apartments Variable Rate Demand Multifamily Housing Revenue Bonds, Series B of 1985. 11 oro;,~~'o"''"d Mo1;oes ~-~ ffi a. Approval of Ordinances on First Reading. O --,~:.r::::....J._-*"-t""noiiunn,cil Bill No. 54 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the :2005 Budget ~J m ..-for the City of Englewood. STAFF SOURCE: Frank Gryglewlcz, Director of Finance -rr'?;" I an~~ervices.~ ~ ~ouncil Bill No. fil. -Recommendation from the Department of Finance and }\(Jm1111strative Services to adopt a bill for an ordinance approving the 2005 Budget for :;). 1.2 the Englewood/Littleton Wastewater Treatment Plant. STAFF SC3.l!_R~Ej _~nk d:Jt,::'o Gryglewicz, Director of Finance and Administrative Services.~ ~ iv . _founcil Bill o . 62, -Recommendation from the Department of Finance and ~clministrative Services to adopt a bill for an ordinance appropriating the 2005 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF .,S~UJ!.~E~_Fra~k Gryglewicz, Director of Finance and Administrative Services. 'Ir~ dq5,. P1 ea e oote: If ou ha e a disability and need auxiliary aids or services, please notify the City of Englewood (3 03-762-2405) at least 48 hours in advance of when services are needed. Thank you. • I-••• ... .. ' • • Englewood City Co unci l Agenda November 1, 2004 Page 3 b . Approval of Ordinances on Second Reading. ~ ) ~-;;;;J i. Council Bill No. 60, authorizinfJt.e_ is_~_,11~e of ~neral obligation bonds for various /J l,tl.~ ,;;;;.,.. "°Water Fund Capital Projects. Ir)~ ~5"-/A.tf ~dMotions. ~e__. / .;i.~..3 I '/!Jd._ i. Resolution establishing the annual salary for the City Manager. /?JAUI-ii. Resolution establishing the annual salary for the City Attorney. /<JAi) /I-_ iii. Resolution establishing the annual salary for the Municipal Judge. 12 . General Discussion : a. Mayor's Choice. b . Council Member's Choice. 13. City Manager's Report. 14. City Attorney's Report. 1 S. Adjournment. Th e following minutes were transmitted to City Council between October 15 and October 28, 2004. • Alliance for Commerce in Englewood board meeting of September 9, 2004. • Board of Adjustment and Appeals board meeting of September 8, 2004. • Code Enforcement Advisory Committee meeting of July 21 and September 15, 2004. • Cultural Arts Commission meeting of September I , 2004 • Parks and Rec reation Commission meeting of September 9, 2004. • Pl anning & Z oning Commission meeting of October 5, 2004. • Publi c Library board meeting of September 14, 2004. • U rb , n Renewal Authority board meeting of February 11 , 2004. • Tr ansportation Advisory Committee meeting of September 9, 2004. Pl ease note: If you have a disability and need au iliary aids or services, ~ase notify 1M City of Enpwood _ (303-76 2-2405) at least 48 hours in advance of when servtees are nttCM'd . Thri ou . t .. .. • •