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January 21, 2003
Regular City Council Meeting
ORD /I ;( ;,t: r• ¥, 13, 14, 15, 16, 17, 18, 19
RES0 #/15, 6, 7, 8, 9, 10, II, 12, 13, 14, 15
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Semon
January 21, 2003
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :35 p.m.
2. Invocation
The invocation was given by Council Member Nabholz.
3. Pledge of Allepmce
The Pledge of Allegiance was led by Mayor Bradshaw.
4. RoUCaU
Present:
Absent:
A quorum was present.
Council Members Nabholz, Moore, Grazulis, Garrett. Wolosyn,
Bradshaw
Council Member Yurchick
Mayor Bradshaw said Council Member Yurchick told us last week that he would not be here, as he ia on
vacation .
Also present:
5. Minutes
City Manager Scars
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Director Gry1lewicz, Finance and Administrative Services
Director Kahm. Capital Projects
Director Olson, Safety Services
Director Simpson, Community Development
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 6,
2003.
Mayor Brads haw asked if there were any commenlS .
Mayor Bradshaw said it was an excellent transcription .
Vote results:
Ayes :
Nays :
Absent :
Motion carried .
Council Members Nabholz. Moore, Garrett. Woloayn.
Grazulis, Bradshaw
None
Council Member Yurchick
Englewood City Council
January 21, 2003
Pagel
6 . Scheduled Visitors
CJ.
(a) Eugene Norman said please accept my apology. The subject presented by me, attempting
to analyze our societies psycho-sexual power over itself, was not quite accurate. The babblings of a
buffoon . It is much more complex, requiring time in explanation and your consent. Next ... my time in the
Navy and close relative encounters with the government's experiment dealing with time as well as later
encounters of what could only be objects, extremely far advanced, beyond our technology of the time, has
led me to think more abstractly in relative fields of time. AIDS is only one of our problems. What is
needed is a national health care plan, beyond burcaucracy ... like, or similar to Germany and Australia . We
subject ourselves to needless, detrimental action constantly. Time has better uses. Agriculture. believe it
or not, remains in a primitive state. Partly because of attempts to stimulate the economy. There arc better
ways . Private enterprise must be seen as having both positive and negative connotations. Private
enterprise creates extreme amounts of waste to the land and to human resources. Any thinking human,
having any intelligence, must agree. As a government. one would assume that your knowledge of space-
time would be beyond reproach, but that assumption lacks validity. My experiment. relative to potential
intellects superior to us, proved itself out. Other people and I saw the same phenomenon. I contend that
they ... the beings ... did read my mind. Whether it was advanced experiments by our govcmmcnt. or beings
not of this planet, becomes a moot point. Predestination becomes a question in my mind and precedes in
time . Columbine, 9 -11, sniper fire. forest fires, mudslides ... all, held no surprise for me. I see things in
their abstract as well as mathematical potential. Even the problem with and for the church has its reason
for being and holds no veil before my eyes ... my thoughts a predecessor, in time, to the draught itself. Total
objectivity on your part cannot even come close to understanding the human comedy and tragedy
experienced by me since my encounters. Atrocities come from ordinary people. humanitarianism as well.
My desire is to work with the American people and Mr . Bush, not against them. The dilemma that, in truth.
we all face. evolves from the fact that I was doing S.0.S. signals with a flashlight ... Save Our Souls ... when
contact was made. Now you see, in part. my reason for such intense attempts at conslnlctive
communication. Jimmy Carter may come closest to understanding my diligence. u well IS my dilemma.
since he too encountered them, as did Eisenhower on a relative level. Two-way communication is essential
beyond subjective and opinionated conclusions. Sec me from a new dimension of understanding and
action . Our target must become a greater understanding of ourselves and our inter-actions. Analytical
observation discloses that I am stark-raving sane . What to do now? Perhaps redemption is no sure card in
joining with societies insanity. It remains control. followed by ego, that blocks the path to peen pastures.
An ego death is in order for the world, our nation and each of us. Karma is flexible . A chanae in our
thinking and collective action must become the national goal, IS well IS more intelligent, internal focus on
domestic issues . We are beginning to unite the Mid-East as never before . Engagement will complete the
act and it will break out afresh in directions not even calculated thus far . A arand strlilegy of tactical
indirect approach and quite successful by them at this point. 1 see little or no advantage in the President's
direct approach . A lost cause from the beginning, unless you follow my lead. By indirectness, one may
succeed beyond ar!TIS and beyond traditional war . By mind alone, one may dislocate the mental , moral and
physical balance of all opposing dispositions . It is the moral effect that creates recruits . A psychological
imperative, relative to any opposing force . President Bush is not conductina a siege perilous, but a perilous
siege. A siege is the most uneconomical of all operations . A steady weakening of self, relative to
opponent . An army and a nation will fall more quickly to psychological paralysis, than to arms .
Indirectness contributes to unreadiness . The moral is a physical, IS three is to one ... Napoleon . The thrust
of power must be to the psychological over the physical and must first be directed toward peace ... whose
success presents payment to all . Directed to the root. not to the trunk of power and beyond the arms . Not
victory in th e field, but soul division . Dislocation, by concentration on a psychological point. all opposition
may be di sso lved by restoration of new infrastructure, both subjectively and objectively . The next llCp
include s Israel , far better time -wise, in that we induce Israel to fall back from occupied territory. Thus
potentially stabilizing the entire situation . Time evolves to the comtructive manipulation of American 's
interest, whi ch may evolve beyond the need of oil . Otherwise, I can only foresee bod! menial and physical
bankruptcy for the U.S. Indifference to what I present is not a viable solution ... 6000 yean of suup by
the Jew , the blood of Solomon, David. Moses and the Holocaust victims as well as the history of the U.S.
mu st hear my plea . The backa,ound of battle is more imponant than the battle itself. T he hil&Ory of
war ... 1f 1t 1s to teach anything ... shows that one doe not cut off one's DOie to spilC the face . An eye for an
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Englewood City Council
January 21, 2003
Pag~J
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eye only creates blind people. An indirectness of approach remains essential to success. The next
development in man's evolution must be away from armed conflict and toward a psychological imperative .
(b) Linda Counterman, 2975 South PCMSylvania Street, said I am here to voice some
concerns regarding any Englewood park. especially Bates and Logan Park, being used as an off-leash
park ... especially our parks, soccer fields and public walkways. I am asking that you might consider
fencing an area for the dogs to run, much like our surrounding communities and counties. I have counted
as many as 42 dogs at one lime running on the same fields and defecating on the same fields that our
children play on during spring and fall soccer. As a soccer parent, she said, I am concerned about rising
health issues that it may cause. During one of the practices, prior 10 an off-leash law, one of our children
was bitten . This was prior to the off-leash . She pointed out that not all people arc comfortable around
dogs . I feel that it has scared off many of our elderly that I have seen walking our parks. Ms. Counterman
opined that any animal, no matter how timid it may seem, can become unpredictable. There arc no Code
Enforcement Officers to oversee our parks to ensure voice command conttol or any control, for that matter,
leaving me to be the one to call during a violation. As one of the only residences affected by the Bates and
Logan Park, I am asking that we do fence an area, if Bales and Logan Park remains an off-leash park . As I
have junipers blocking their vision, I have had dogs running my property without the knowledge of the
owner, defecating on my lawn and leaving me to pick up their feces. I don't like it. I am also concerned,
as an Englewood citizen, about any legal issues that may arise if one of our citizens were to be attacked by
one of the off-leash dogs . She stated that the dog owners socialize with each other, more than they watch
their own dogs . I can sec this happening . It is great that they arc all over there socializing, but they also
need to be watching their dogs . They do run my fence line, she said, taunting my own dog and they arc
unable to call off their dog with a voice command, needing to go over and pull them away from my private
property .
David Counterman said I am Linda's husband and like she said wc have our own dogs and we don't have
anything against the ordinance, wc just think there arc a few bugs that need to be worked out.
7. Unsc:beduled Vlllilton
(a) James Johnson said the last time I had the opportunity to address you folks as a whole, I
left you with a final question, which I did not have the opportunity to expound upon. The question was
whether peace and freedom can co-exist. During the time I was looking around on the Internet, he said, I
happened to come across a very interesting article called The Declaration of the Federation of the World.
To my surprise it was actually ratified by the State Legislatures of Georgia, New Jersey, Philadelphia and
North Carolina. I am going to read a few selected excerpts from this, he said, and if you would like a copy
of this I can give a copy to Mrs . Ellis or if anybody else would like a copy I can tell you where to find it on
the internet or make you a copy myself. Mr . Johnson read from the Resolution . "Whereas, it is necessary
at the present juncture of human affairs to enlarge the bases of organized society by establishing a
government for the community of nations, in order to preserve civilization and enable mankind to live in
peace and be free , the following principles and objectives arc here enunciated in the Declaration of the
Federation of the World . Man , the source of all political authority. is a manifold political being . He is a
ci ti zen of several communities ... the city, the stale, the nation and the world . To each of these communities
he owes inalienable obligations and from each he receives enduring benefits. Man has struggled from time
immemorial to endow the individual with certain fundamental rights whose very existence is now
1mpenled . Among those rights is man's freedom to worship, speak, write, usemble and vote without
arbitrary interference . To safeguard these liberties as a heritage for the human race, govcmmcnts were
11,,,;,u,ed ·""'"ll ""'"· .. ilh ~un.titutional guarantees against the despotic exercises of political authority,
such as arc provided by elected parliaments. trial by jury, habeas corpus and due process of law . Man must
now e ither consolidate his historic rights or IOK them for generations to come. The fint duty of
government is to protect life and property. and when governments case to perform this function, they
capuulate on the fundamental principle of their raison d'etre . History has revealed but one principle by
wh1 h free peoples. inhabiting extensive territories, can unite under one government without impairing their
local autonomy . That principle i federation, whose virtue pracrves the whole withoul descroyina its parts
and strcnj!thens us parts without jeopardizing the whole . Federation vitaliz.es all nations by ffldowing them
EnaJewood City Coundl
January 21, 2003
Page4
with security and freedom to develop their respective cultures without menace o f fo rei gn domination. It
regards as sacrosanct man's personality, his rights IS an individual and as a citizen and his role as a partner
with all other men in the common enterprise of building civilization for the benefit of mankind . It
suppresses the crime of war by reducing to the ultimate minimum the possibility of its occurrence. There is
no alternative to the federation of all nations except endless war. No substitute for the Federation of the
World can organize the international community on the basis of freedom and permanent peace. Even if
continental, regional or ideological federations were attempted, the govcmmcnts of these federations, in an
effort to make impregnable their separate defenses, would be obligated 10 maintain stupendously
competitive armies and navies, thereby condemning humanity indefinitely to exhaustive taxation,
compulsory military service and ultimate carnage, which history reveals to be not only criminally futile but
positively avoidable through judicious foresight in federating all nations. It being our profound and
irrevocable conviction that man should be forever free and that his historic rights IS an individual and as a
citizen should be protected by all the safeguards sanctioned by political wisdom and experience. Thal
governments arc essential to the existence of communities and that the absence of government is anarchy.
That there exists an international community, encompassing the entire world. which has 110 government and
which is destined, either to be ruthlessly dominated and exploited by totalitarianism or to be fcderalcd by
democracy upon the principal of freedom for all nations and individual&. That World Federation is the
keystone in the arch of civilization, humanity's charter oflibcrty for all peoples and the signet
authenticating al last the union of the nations in freedom and peace." Mr. JohlllOII said, just to give you a
little background on this document, ii was written during the last few years of World War II . So that is
where this is coming from. Once again, he said, if you would like me to leave a copy with Mn. Ellis, I can
do that and if anybody else would like a copy of this document you can see me after the meeting. Mr .
Johnson thanked Council.
Mayor Bradshaw thanked Mr . Johnson .
(b) Karen Stenson. 3074 South Pennsylvania Street. said my dog and I frequent Bates/Logan
Park ... morning and afternoon usually. What I would like to say this evening is thal. fur us, this baa been an
extremely positive experience and we value it greatly . Not only~ she get to play and learn social skills
with other dogs, but for me, it has incrcascd my sense of friendship. neipborhood and community. That
said. wc arc aware that some dog owners arc not terribly aood with ·their doas and wc are tryina to work as
a group to educate the people using the park that they must keep their animals away from the neighbors
yards. pick up after their animals, not allow their animals in the playground and that the soccer players have
first priority on the field . The animals arc not allowed there when there is practice or games . Thal is what
we arc trying to do, she said. and I just want to make sure you know there is a large group of us that really
love the o ff-leash experience .
Mayor Bradshaw thanked Ms . Stenson.
(c) Di a ne Lane, 3072 South Washinaton Street, said my husband and I also frequent the dog
park with o ur dog. We ha ve worked very hard with our dog. over the last ten years, to make sure that &lie is
obedient and so forth . People ha ve aood and bad days ... dogs do, as well. lu dog owners we juat ._. to
know and be educated ... as Karen was talking about ... to be raponsiblc fur our dog. We,• a poup. have
even gone down and tried to pick up other eliminations of clop. to make sure the cnvil'OIIDICIII is kepc clean.
I know that . even o n South Washinau,n Street. I have a problem with clop traveli• on the sidewalk and
eliminating and the owner doesn't pick it up . So, I know that ia a problem. whether ii is off-leash or on-
leash and we arc trying. as off-leash dog owners at the park, to be responsible and work topdler. She
stated we want 10 work with the people who are c1usin1 problems. If -has a problem with anocher
dog or another do g o wncr ... pleasc , work with us ... we want to work with you . We doft't WIIII IO dominate
the park ... that is not our intention . We &rcJuat there to enjoy the environment. We ha~ pride in the park
as wc l! and we want to keep it that way . I think my bigest thins ia thal we w ... to work with people, the
who le community . because it has been a aood community environme111 for everyone . Thank you. she said .
Mayor Brad sha w tha nked Ms . Lane.
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Eqlewood City Coundl
January 21, 2003
PqeS
(d) Jill Wilson, 2992 South Grant Street, said I just wanted to tell you what a positive
experience it has been at the park. I just moved into the neighborhood in June and it has been such a great
atmosphere for my dog and my myself to meet all the neighbors. I don 'I think this would have happened if
there hadn't been the off-leash. So, she said, I just wanted to tell you that yes, we are really willing to work
with the City and anything we can do to educate people, but it bas been a wonderful, wonderful time. I go,
primarily in the winter, to the morning club and we are the 7:00 a .m. club and then, in the summer, I go in
the evening. So it has been a great social thing for the people and the dogs. So, she said, thank you.
Mayor Bradshaw thanked Ms. Wilson.
(e) Patrice Silver, 3655 South Pennsylvania Street, said I wanted to address the train
derailment that happened here last Friday. I do take the light rail train and I happened to be coming to the
light rail train immediately after the derailment happened. For those that did not hear all of the reports of
what happened, I want to just go over that. I did hear a witness on television say that. apparendy, the light
rail train was there at the station when the train started to derail, to the extent that there were sparks coming
up against the light rail train, and they were told in the train to get down in a fetal position and brace for
impact. I also was told by one of the people on the platform, as I was walking up to it. that he had
heard ... and I don't know how he heard it ... but that the conductor disconnect sensors wa-e not working.
Therefore, apparently, when the train disconnected and started to derail, he did not know it and be
continued to drag the train after it had already started to derail. I don't. obviously, need to go into too much
detail, but one of the things I want to bring up is that one of the cars that derailed was a liquid petroleum
gas tanker. I used the light rail again today and happened to run into a woman who used the light rail and
she said she had heard that there was a leak. Ms. Silver pointed out that had the worst happened, there
would be nothing left of the Englewood light rail station, except a crater. And I am sure this building
would have been impacted as well, including, possibly, people in this building. I cannot think of a worse
disaster that could have happened to Englewood, save, perhaps, a terrorist attack. This is an extremely
serious thing and I think all the caring people here ... which I am sure all of you are ... need to take this into
consideration. I believe the freight train company has proven that they have presented an unacceptable risk
to our people here in this City, at this train station. So, I do have a suggestion, which I would like to run
through very quickly. It is pretty radical, she said, but I think with what we saw last Friday, that it needs to
be done. My suggestion is this .. .I believe that the Englewood governmem, in mass if possible ... if you
agree with the danger that we just avoided by the grace of God, in my opinion ... without carnage and
multiple, multiple losses of lives, with a 100 million ton train hitting that poor little train there with nothing
more than, basically a bunch of foil around it ... should insiat that the freight train company build a barrier, a
strong barrier between the two tracks of the light rail and the freight train rails, that basically span the entire
length of our Englewood station, that actually begin before it. Now obviously, she noced, a barrier is not
going to stop a direct hit from a 100 million ton train, but most of the time they are running parallel and
when they derail, they start to get off. It is my hope that a barrier like that would act as a guard rail on a
freeway. I have to quickly move along here, she said. and so I would like to ask that you insist that that
happen. Now that brings up, of course, a bunch of stuff. One of the things is that it should be high and
strong and begin well before and after the station so that it can hopefully guide those things around. The
o bjectio n you arc going to hear from the freight train company is something like this ... if we to do it for
Englewood, we would have to do it for every city and every stop it runs by. especially in this city. We
cannot be concerned with that. she said. This derailment took place here. Had I been here 15 minutes
earlier, I would have been on that train. Thank God I was not . I mean the people that I saw, were visibly
s haken. We cannot be res ponsible for other cities upenscs regarding some of this, so this is what I would
suggest. If you do this I would say to the railroad that this is cheap insurance, versus what you might come
up against with all the multiple, wrongful death suits, injury suits, that could happen. This happened here.
Acti o ns that the City could take, if they refuse, is to refuse to let the tracks be used. if we own the land.
And finally. if nothing else. to sue the railroad for e1.penses relating to a wall and we could build it
o urselves . So those ~ my suggestions. I hope you take it seriously. The people that were on the train that
day. I can tell you. Nd an e1.pericncc they will never forget and I think ii would have impacted this
building as well . I thank you for your time. she said.
Mayo r Brads haw thanked Ms. Silver.
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Englewood City Council
January 21, 2003
Page6
Mayor Bradshaw said Mr. Olson is here and he is our Director of Safety Services .
Director Olson stated that the tank car was empty, there was no leak. All the cars going north, were
basically empty. But, he said, I understand the situation. It was an act of God, basically, that caused the
separation. But the tank car was empty, that is one of the first things we checked on.
Mayor Bradshaw noted that is what the e-mail indicated, that Council received.
City Manager Sears asked if he could add to that. Mayor Bradshaw said certainly.
City Manager Sears stated that Assistant City Manager Mike Aaheny WIS here at noon when that happened
and we were very concerned. There was some discussion about evacuation of our City offices at that time .
Until we did find out from our Safety Services Department that there was actually a review that WIS done
by our Fire Department. There is some concern, IS the accident actually occurred in Sheridan, so Sheridan,
in part, took charge of the accident scene. We have not really made contact with RTD, but we can certainly
proceed with RTD and see what RTD would be willing to do.
And, Mayor Bradshaw said, we should probably get a letter off to the rail company too. We will send a
letter to them and talk to RTD .
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Council Member Garrett said, unfortunately everyone that might care about this has left, but I believe there
is going to be a meeting II Bates/Logan Park on Satwday II 8:00 a.m. He uked Council Member Grazulis
if that was right .
Council Member Grazulis said yea.
Council Member Garren said that presents a chance to IW1 womn1 toaether to make this work better. If
you could let so~ of those people know, he said, I would appreciate it.
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Mayor Bradshaw advised that Council would be moving a resolution forwud so we can live people their
Aid to Other Agencies mow -me of these people have worked all day and are patiently liniq in the
audience and waiting . she sa
COUNCIL MEMBER GARRETT MOVED AGENDA ,ITEM 12 (b) (I) FORWARD.
Mayor Bradshaw asked if anyone objected to moving this item forward . No one objected .
12. (b) (i) A resolution designating funding for Aid to Other Agencies for 2003 was considered .
RESOLUTION NO . 3, SERIES OF 2003
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2003 BY THE CITY OF
ENGLEWOOD, COLORADO.
COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO Al'l'ltOVE
RF.SOLUTION NO. 3, SERIF.s OF 2tl3.
Ayes : Council Memben Nabholz. Moore. Oanea. Wololyn,
Gruulia. Bradshaw
Nays : None
Absent : Council Member Yun:hic k
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Englewood City Coundl
January 21, 2003
Pqe7
Motion carried .
Mayor Bradshaw prescn1ed checks to representatives from the organizations receiving Aid IO Other
Agencies funding from the Cily of Englewood .
Mayor Bradshaw prescnlCd a check IO the rcpracntative from the Arapahoe Philharmonic. The
represcnta1ive 1hanked Council.
Mayor Bradshaw nolCd the nex1 check wu for the Arapahoe Coun1y Metropolitan Mayors and
Commissioners Y oulh Award . I am on lhat committee, she said, so I will get the check IO them.
Mayor Bradshaw presenlCd a check IO Valerie Voran for Coon House Inc . Ms . Voran lhanked Council .
Mayor Bradshaw presenlCd a check IO Bebe Klineman for Doctor's Care . Ms. Klincman lhanked Council.
Mayor Bradshaw prcaenlCd a check IO Jan Moore for the Enalewood Cultural Arts Cenler Association . Ms .
Moore lhanked Council .
Mayor Bradshaw asked if anyone was here IO receive the check for EHS After Prom. No one wu prescn1 .
Mayor Bradshaw said we will get the check IO them .
Mayor Bradshaw presenlCd a check lo the rcprcscnta1ive from the Galeway Battered Women's Sheller.
The rcprescntalive !hanked Council .
Mayor Bradshaw presented a check IO Vince Alencio for Inter-Faith Tuk Force. Mr. Atencio thanked
Council .
Mayor Bradihaw presented a check IO Jan Andrus for Meals On Wheels. Ma. Andrus lhanked Council.
Mayor Bradshaw presented a check IO Mark DeHa-. for the Special Olympics Proaram. Mr. DeHaven
!hanked Council .
Mayor Bradshaw prescnlCd a check IO Mr . Bcrtoluui for Up Cloee and Musical . Mr. Bcrtoluui thanked
Council.
COUNCIL MEMBER WOLOSYN MOVm, AND IT WAS SECONDm, TO APPROVE AGENDA
ITEMS I (a) ud I (b).
(a) A proc lamat io n honori na Randy Penn, Enalewood Hi&h School 's Football Coach, on hi s
1cam's outsta nd ing season, and his loo-' coachina victory.
(b)
Englewood .
Mocion carried .
A lctier from Jon Y ouna indic atin1 hi s resi pation from the Alliance for Commerce in
Ayes :
Nay :
Abse nt :
Council Members Nabholz, Moore , Gama. Woloayn.
Gruulis, Bradshaw
None
Council Me mber Y urd lick
Englewood City CouncU
January 21, 2003
Page8
No public hearing was scheduled before Council.
10. ComeatAaeuda
COUNCIL MEMBER NABHOLZ MOVFJ>, AND IT WAS SECONDFJ>, TO APPROVE
CONSENT AGENDA ITEMS 10 (a), (I), (I) 1111d (II), 10 (b) (I), (I), (II) 1111d (Iv), AND 10 (c) (I),
(a) Approval of Ordinancca on Finl Reading
(i) COUNCIL BILL NO. 5, INl'RODUCED BY COUNCIL MEMBER
NABHOLZ
A BILL FOR AN ORDINANCE APPROVING AND AlTTHORIZING THE EXECUTION OF AN
INTEROOVERNMENT AL AGREEMENT FOR THE FEDERAL HOME INVESTMENT
PARTNERSHIPS PROGRAM BETWEEN THE ST ATE OF COLORADO AND THE CITY OF
ENGLEWOOD. COLORADO .
(ii) COUNCIL BILL NO. 7. INTRODUCED BY COUNCIL MEMBER
NABHOLZ
A BILL FOR AN ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF
ENGLEWOOD POLICE PENSION PLAN TO ALLOW SELF-DIRECTED INVESTMENT OF
DEFERRED RETIREMENT OPTION (DROP) FUNDS.
(iii) COUNCIL BILL NO. 8, INl'RODUCED BY COUNCU. MEMBER
NABHOLZ
A BILL FOR AN ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF
ENGLEWOOD FIREFIGHTERS PENSION PLAN TO AU.OW SELF-DIRECTED INVESTMENI' OF
DEFERRED RETIREMENT OPTION (DROP) FUNDS .
(b) Approv~ of Ordinanca on Socoad Radin&
(i) ORDINANCE NO. 9, SERIES OF 2003 (COUNCil. BILL NO. I.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD, COLORADO. AND THE CITY OF CHERRY HIU.S VlU.AOE. COLORADO.
WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS
VILLAGE WITH VEHICLE MAINTENANCE .
(ii) ORDINANCE NO . 10. SERIES OF 2003 (COUNCIL BILL NO. 2,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO. AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLEWOOD
LIONS CLUB MINIATURE TRAIN .
(iii) ORDINANCE NO . 11. SERIES OF 2003 (COUNCIL BILL NO . 3,
INTROD UCE D BY COUNCIL MEMBER GARRETT)
AN ORDINANCE ADOPTING THE 2003 BUDGET FOR THE CO CRETE REPLACEMENT
DISTRICT 1995.
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EnaJewood City Council
January 21, 2003
Pqe9
(iv) ORDINANCE NO. 12, SERIES OF 2003 (COUNCil. BILL NO. 4,
INTRODUCED BY COUNCIL MEMBER GARRETI')
AN ORDINANCE AOOPTING THE 2003 BUDGET FOR THE CENTRAL SERVICES FUND OF THE
CITY OF ENGLEWOOD. COLORADO.
(c) Resolutions and Motions
(i) RESOLUTION NO. 4, SERIES OF 2003
A RESOLUTION APPROVING TRANSFER OF FUNDS FROM THE SURPLUS AND DEFICIENCY
FUND TO THE GENERAL FUND.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
11. Replar Apnda
Council Members Nabholz, Moore, Garmt, Wololyn.
Grazulis, Bradshaw
None
Council Member Yurchick
(a) Approval of Ordinances on First Reading
(i) Director Kahm said I am standing in this evening for Director Ross, u he had a
scheduling conflict this evening.
Director Kahm said, back in December. the Englewood Transponation Advisory Committee and the Public
Works Department had recommended Council approve an ordinance that would have effectiwly lowered
speed limits on local streets to 25 miles per hour. Council voted to conlinue that ordinance at that time, he
said . Subscquena 10 that meeting, in January, Safety Services had a discuuioa with City Council at a Study
Session and Council supported Safety Services plan to implement a new traffic enforcement program and
hopefully avoid having to change all the speed limit signs in the City. Al this time. the ETAC Committee
and Public Works would ask Council to table the previous ordinance for a period of approumatcly six
months. he said. to give Safety Services the opportunity to evaluate their attempl at solving the local
speeding problem.
COUNCIL MEMBER GARRE'IT MOVm, AND IT w AS SECONDm, TO APPROVE AGENDA
ITEM 11 (a) (I) • COUNCIL BILL NO. 15.
COUNCIL BILL NO . 85
A BILL FOR AN ORDINANCE AMENDING TITLE 11. CHAPTER I, ENGLEWOOD MUNICIPAL
CODE 2000, TO CHANGE THE LAWFUL SPEED LIMIT ON LOCAL STREETS IN RESIDENTIAL
AREAS TO TWENTY-FIVE MILES PER HOUR .
(b ) Approval of Ordinances on Second Readina
There were no add111onal items $Ubmined for approval on second radiq. (See Aaenda llem 10 • a-it
Agenda .)
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Eqlewood City CouncU
January 21, 2003
Page 10
There were no additional resolutions or motions submitted for approval. (See Agenda Item 10 -Consent
Agenda .)
12. General Discussion
(a) Mayor's Choice
(i) Mayor Bradshaw said Gary Scars, Olga Wolosyn and I arc going to be going to
the National League of Cities Conference. She passed out the memo with the travel information . Council
Member Wolosyn will be there a day ahead of us, she said, as I have a conflict on Saturday, so I can't leave
until Sunday . These arc the expenses and in order IO meet the early deadline, we probably need to get these
in. I know we shouldn't be handing these out at the last minlllC, but we sent these out last week, again , IO
remind Council members that it was coming up .
Council Member Nabholz asked if there was still time, with Council's approval, that I could go. Or, have
we met the deadline now? Mayor Bradshaw said I don't know . Ms. Nabholz said okay, I will find out.
COUNCIL MEMBER WOLOSYN MOVm, AND IT WAS SECONDED, TO APPROVE BEV
BRADSHAW'S TRAVEL EXPENSES TO THE NATIONAL LEAGUE OF CITIES
CONFERENCE IN MARCH.
Ayes:
Nays :
Abstain :
Absent :
Motion carried.
Mayor Bradshaw thanked Council .
Council Members Nabholz. Moore. Garrett. Wolosyn, Grazulis
None
Mayor Bradshaw
Council Member Yurchick
(ii) Mayor Bradshaw said on Saturday we bad the Metro Mayon Caucus imeting
here and that is 31 mayors from around the Denver ar,ea. We had a lenathY discussion about what is going
on in the State House and there arc some very scuy bills comina down. I would like ID jUSI hiahliahl some
of them for you . First of all , she said, we are always ,oina to hear about budpt. budp,t. budpt. from the
State and some of our proanms that we hold near and dear are aeaina c.._ 8111 die iuue lhat 1eara me the
most. she said, is the amount of le1illation comin1 out on concealed weapons. With Council approval I
will get a letter off and I have made phone calls. The bill dial concerns me the moa is the one that Senator
Dyer is carryi ng . I know they wue having somethin1 this afternoon al I :30. She uked Director Olson if
he had any information on that.
Director Olson said last week I testified before the Judiciary Committee on behalf of the ColoradQ Police
Chiefs and also as a representative of En1lewood . I spoke directly to Senator Dyer and Senator Evans, he
said. who represent Arapahoe County . It was passed out of Judiciary, on a llrli1hl pany line vote ... 4 t 3,
Republican . So he is carrying it forward and it is aoin1 to the Senate apin for anochcr hearing on the fl o. r.
Mayor Bradshaw noted it is so close, it is a one vote difference . If any of you know Senator Evans. she
said. give him a call. We do need to put the preuure on thole people. Ille said . Isn't Senaaor Dyer the
chairman? Director Olson said the problem is thal he is the chaimwl and he is allO carryina the bill
forward . He explained thal it i a tolll preempuon bill. so it elimiDIICS any laws dial we have dial are 1110R
stnngen1 than the State law .
Mayor Bradshaw Id the other one thal "scary IO me is Seule 8111 No. 74 and it is .-eel by Senaeor
Andrew . V. hat II I a<»na to do is II " ... IO tab away the 'ftlle thal we had and di rt I portion of the
current RTD sale Ill to I OOIIF'IIOII rehe( fund (or UIC OIi s.. hipways and countv lnnlpOfllllion
proJC(:t What '"'OUld happen is 11 would ~ the RTD ulea IU by 1611, and. lhe pouM 11111. dley are
alrt:ad) howin1 a huae loss as it 11. It would decreale thetr budfll by aboul S45 millioll a,-. RTD ulea
ta, funds ha,e been approved by vOlen on three scpar.-occauoas ... ,n 197). 1995 al 1999. WIIM • -
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Enalewood City CouncU
January 21, 2003
Pap 11
is some movement in this legislature to undo votes that have been publicly taken, she said, and I really
think that that is extremely inappropriate and people need to speak out on that. Those are the two that
concern me the most.
Mayor Bradshaw stated that we must, as local authorities, maintain our autonomy . What these Senate Bills
arc doing is eroding it. We are not statutory cities, she said, and the State cannot control what happens in
Home Ruic cities. Any yet, with legislation like this, ii is another way to circumvent Home Rule. I will be
more than happy to get a letter drafted on that 100, she said .
Mayor Bradshaw said the other isaue we talked about was the TEA-21 Reauthorization and we did talk
about this with Diana DeGette when we met with her. The organizations are being asked to sign on with
this reauthorization principal by the COOT meeting on February 2o*', she said, so I will just go ahead and
get a letter off and say that we support that.
Mayor Bradshaw said I think that those are the major highlights . The other things that are coming up are
the budget crunch, of course, and growth. We spent a lot of time Saturday talking about growth. We hid
Metro Vision 2020, now we have Metro Vision 2030 and they are saying the growth is not goin11 to be as
great as they thought it would. So we are falling baclr. ana illllCIIO or expanding Ille growth area, it looks
like we will be falling back. more to where DRCOO is at this point. Which I think is nice. We all ~ to
speak with the same voice . Regarding transportation ... the Colorado Municipal League is, of course,
against any of the legislation that will reduce any of the funding for T-REX,just as we are . I just think it is
a step back. I work in a field at the Community College level, she said, where we have just been
decimated . There were 20 layoffs before Christmas and they are lookin11 at five more . full-time staff
members. II is just sad, because when our a:onomy goes south everybody llllCS back to college to be re-
educated and now they are cutting, so I have classes of 35 and 42 and that is okay ... ! will do it, but I don't
know whether it is fair to the students paying the tuition.
Mayor Bradshaw said the other thing is that there is a health care issue that is comin11 up and it is for small
businesses, people with under 50 employees. She said City Manap Sears can probably help me OUI with
this. because we heard about this at the Arapahoe Mayor's & Manager's brealr.fast. With smaller
companies they arc going to loolr. at your risk and if you had somebody that. heaven forbid, had breast
cancer, then your company would be paying a huge premium, whereas if somebody has a 20 something
company. where they arc all jogging and their bodies all work, they would pay little or nothing and that is
not fair either . So 1 don't know what ii is going to talr.e to bring the health care COIi to their~. she said .
I don't know whether that explains it.
City Manager Sears said that explains it. Hopefully, it won't go through . It is totally discriminatory.
Mayor Brad shaw said the biggest issue right now is water and the legislation is just coming out of the
woodwork on water. I believe the first week there were 400 bills introduced and last week there were
100 ... not on water, but on everything. But it is just going to be a doaflaht and we are so fortunate to be in
this City. she said. but we also~ to be very prudent in how we use our water .
(iii) Mayor Bradshaw said 1 have to give a hats off to Gary Sears who was here at
8:00 a.m. Saturday morning making sure everythin11 was workin11 riaht and he came back at I :30 p.m . to
make sure everything was okay . So thank you very much, she said .
City Manager Scars said everybody really loves comin11 to this center . It is a real honor to have all the
mayors. from throughout the metro area, here .
Mayor Brad shaw said out of3 I. 1 think we hid 27 . which is really aood -
Mayor Bradshaw said City Mana11er Sears even sets up easels and makes coffee . You are just awesome .
she said, thank you Gary .
...
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F.apewood City Coundl
January 21, 2003
Pqel2
(b) Council Members' Choice
(i) This Agenda Item was moved forward. See page 6.
(ii) Council Member Nabholz :
I. She said I spoke briefly about this is at Study Session, but I would like to go back to the situation
when the Amoco Station was first closed and then the confusion set in u to who owns it, who leases it,
whatever, and how long this process took. The dates, that I wu informed of by staff, of when the graffiti
would be removed ... it was never removed. So I would just like for Council and myself to look at this, she
said, so that we don't let something like this happen apin.
2. She said I have had two complaints on the gun range at Galapago and Cornell ... that they have 100
many signs on the building and a flag, as well. So, she said, that is something we need to take a look at.
(iii) Council Member Garrett said last Tuesday Congresswoman DeOette, who now
represents Englewood, came down to see what the City's issllCI were. I thought it was a fairly good
presentation by the City's staff, he said, and I think it was very helpful for her to hear some of our issllCI. I
believe her office is setting up office hours here, for our citizens to be able to talk to her office. He asked if
City Manager Sears had the details on that.
City Manager Sears said we are looking to do ii starting al the end of March. We are going to pul th,.s in
the Citizen and it will be in a conference room in the Library. Her staff actually went down and took a look
at it. We are looking at probably two hours a month. They haven't really given us a date when they would
start, he said. but starting with March and going throughout the fClt of this year.
Mayor Bradshaw said it will be an office in the Library, so it is easily acccuible b> anyone.
City Manager Sears noted they said they have worked throuah a couple of other libraries and it has really
worked out well for them . We will try to do some type of &ignage and we will get word out in the Citizen .
(iv) Council Member Wolosyn:
I . She said I appreciated Mayor Bradshaw's report on the Metro Mayors. especially on the
legislation issues. Diana DeGette made comments about what is going on at the federal level. she said, and
I think that if you take them both together, it is very sobering for us 11 the local level.
2 . She said on Saturday I am going to go to a DRCOG day-long workshop on transponation. It is
free for directors .
3. She said I would like to respcclfully ask Council to approve my travel cllpenses to attend the
National League of Cities Conference. Mine are a little higher than Mayor Bradshaw's, she said, because I
would like to lake advantage of the Leadership Training class . Ms . Wolosyn passed out the memo with the
travel information .
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE OLGA
WOLOSVN'S TRAVEL EXPENSES TO THE NATIONAL LEAGUE OF CITIES CONFERENCE
IN MARCH.
Ayes :
Nays :
Abstain :
Absent:
Motio n earned .
Council Members Nabholz. Moore. Garrett, Gruulis, Bradshaw
None
Council Member Wolosyn
Council Member Vurchick
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Enpewood City Council
January 21, 2003
Paae 13
4. She said that today she went to the DRCOG Urban Centers Work Group . I would like to thank
Harold Stitt, she said, as they asked each of the municipalities who are planning, or have urban
centers ... and I think we are a wonderful example of a working, small urban center ... to put in reports and
Harold did a wonderful reporting and our submission meets all the criteria that DRCOG is working on. It
made me very proud, she said , because we are way ahead of the curve and I don't think they had to fudge
one criterion for us.
13 . City Manager's Report
(a) City Manager Sears said I had handed this out earlier at Study Session, but I received a
call from the Chamber about working to ei.ther come up with a table or see which Council members or staff
members can go 10 the Englewood Chamber Annual Awards Dinner. I know Bob Simpson has two people
on his staff that are planning to go and I am planning lo go also.
Several Council members indicated they would be going .
Mayor Bradshaw said we might have enough for a table. Council Member Garrell said economically it
might be bettu to get a table . How many are at a table? Mayor Bradshaw said eight, fur $550.00.
City Managu Sears said we will go with one table and then we will see if anyone else, beyond that, would
like to attend .
(b) City Manager Sears said I do want lo say thank you to the staff and to Council. I have
never had to be in such a difficult position .. .in terms of the budget cutback we have been experiencing. I
think we really are taking a look at everythina, globally, that we can possibly do. In 30 years of working in
local government, he said, ii is the worst time I have seen municipalities go throuah , This is a touah time.
I know that we will make it, he said. The City does have a lot of resoun:ea and I know we will have a
positive year-end and we will still provide the services. I want lo say thanks, he said, to the staff and lo
Council for working through this touah issue.
14 . City Attorney's Report
Cit y Attorney Brotzman did not have any matten lo bring before Council.
15 . Adjoum-t
MAYOR BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 8:32 p.m.
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1 .
2.
3.
4.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
TUESDAY, JANUARY 21, 2003
7:30 P.M.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
Call to order . lJ:c?J$; r--
lnvocation . /')~
Pledge of Allegiance . ~
5. Minutes. Oft'~·· M;o"tes &om the Reg""' CUy Co"odl Meet;og of Janu;uy 6, 200~
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
I•
Ll .
a.
b.
Eugene Norman will be present to address City Council.
cr~~Vt &>IJNfU.A,HJ
Linda,\Counterman will be present to add ress Cit Council regarding the off-leash
park at Bates and Logan.
n scl ~uled Visl!,_ors . (P~~'}se limit your p_resent~~~,e min~ t: vA MF-;~. ~'ff~~ I:~~~ ~. J"l(..L,j)J/i.QMJ-81,!J?~ rUL 'J! ~lfft1~$,-8.,,,Jf;M :P~ .L. l'Af~ Sll/ll:&1f'Nl.)IJl~A/l.41Jlr
( 0 111111un1 cat1 Ql1S . roclam ltlons, n Appo11H mf'nb
°tf · o n IHS te am's o utstanding season . and his Ir i ' coaching vic torv. <
-\ pro ... l.1 ma1ion honoring Ranm· Pe nn, En ~le ood High School 's Football Coac
'(;-Q h . \ le tt er fro m Jo n'\ oung indicaung hrs resignation trom the
Ill fngle\\OOd .
Pl ... u .. null•: If , o u h.i, t" .1 dis.1bili1v .ind nttd .iu,ili.uv ,lids or wn-kN, pko-norifv the Citv uf Engi-ood
\ llli--1,2-.!.it)'i\ .\111.'ast .at1 l10un in .ich-.ince! ofwhe!n Sff\ic.-s..,. nHded. TINnk \IOU,
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Englewood City Council Agenda
January 21, 2003
Page 2
9. Public H eari n g (Non e Schedul ed )
~
. d ft,1~() }Jnsent Agenda . ~ {!J/);:U,~ ~ /{)~~;it-(i~ . °{P a. ~cesC-ading. lt>(n ~11)-Jr-/{)~I
i. Council Bill No. 5 · Recommendation from the Community Development
Department to adopt a bill for an ordinance approving an Intergovernmental
Agreement with the State of Colorado for the HOME Investment
Partnerships Program . STAFF SOURCE: Janet Grimmett, Housing Finance
Specialist.
ii. Council Bill No. 7 · Recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance supporting an
amendment to the City of Englewood Police Officers Pension Plan
Document. STAFF SOURCE: Frank Giyglewicz, Director of Finance and
Administrative Services.
iii. Council Bill No. 8 · Recommendation from the Department of Finance and
"Adhi1mstrative Services to adopt a bill for an ordinance supporting an
amendment to the City of Englewood Firefighters Pension Plan Document.
STAFF SOURCE: Frank Giyglewicz, Director of Finance and Administrative
Services.
b. Approval of Ordinances on Second Reading.
i.
ii.
iii .
Council Bill No. 1, approving an Intergovernmental Agreement with the City
of Cherry Hills Village for fleet maintenance.
Council Bill No. 2, approving a contract with the Englewood Lions Club for
th e City of Englewood to provide maintenance of the lions Club Miniature
Tr ain .
Counci l Bill No. 3, ado ptin g th e 200 3 Budget for the Concrete Repla ce ment
Dis trict 1 995.
ouncil Bill No. 4, adop tin g the 1003 Bu dge t fo r Cen tr al Services.
c. Resolu tions and l o tion s.
i . Recommenda tion from the Depa rtm ent o f Fin an ce and Admin is trath e
er\ ices to c1dop t .1 reso lut ion tra nsferri n g fund s from the Surplu s and
Deticiencv Fund to the Ge neral Fund . STAFF SOURCE: Frank Giyglewicz,
Director oi Finance and Administrative Services.
Pt ... , e nute: If, ou h,l\e ,1 dis.a b1l ih .1 nd nttd .1u,ili.in .lick ur w rvices. ~~ nolifv the City of Englewood
I HI Vb!·!.&tl';) .i i '·'"' J at houn in ,lffi ,1~ of "'"""" ffn'KI' ;aft~-Th.Ink YOU.
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EnJ.llewood City Council Agenda
January 21, 2003
• Page 3
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
MOT!()µ i.
/JI tlJ !=()£_ LML.
OP 4-S~~D
Council Bi ll No. 85 -Recommendation from the Public Works Department to
consider tabling this Council Bill while it is being determined whether Safety
Services' revised enforcement strategies in residential areas will produce !'_,.e .
desired results . STAFF SOURCE: Rick Kahm, Capital Projects Directo~
b.
C.
Appro~Ordinances on Second Reading.
Reso'.v and Motions.
12. General Discussion .
a. Mayor's Choice.
b . Council Members' Choice. ~ 5 i. A resolution designating funding for Aid to Other Agencies for 2003.~
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13 . City Manager's Report.
1 4. City Attorney's Report.
Adjournment.~~
APP'DS-0-1
(ABSTAIN : BRADSHAW)
APP'DS-0-1
(ABSTAIN : WOt.OSYN)
WOl.OSYN MOVED TO APPAOVE BEV IIAAD8HAW'S
TRAVEL EXPENSES 10 THE NATIONAL LEAGUE OF
CITIES C0NFEAENCe IN MARCH.
GAAZULIS MOVED 10 APPAOVE OLGA WOL.08YN'S
TRAVEL EXPENSES 10 THE NATIONAL LEAGUE OF
CITIES CONFEAENCE IN MARCH .
The following minutes were transmitted to City Council between January 3 and 16, 2003:
Englew ood Parks and Re creation Commission meetings of October 10, November 14, and
D ece mber 12. 2001
Eng lewood H ou si ng A uth ori ty mee tings of November 6 and December 11 , 2002
Eng lewood Pu b lic Lib rary Boa rd meeting of December 10, 2002
Englewood Transport ation Advi so ry Committee meeting of December 12, 2002
Englew ood Code Enfo rce ment Advi sory Committee meeting of December 18, 2002
Pl ease note: If, ou h.1,e a dis.tbilitv and need auxiurv aids or Hn1Cft, IMilH notify 11w City of Enslewood
(J OJ--62-1-&0 'il .it le.ut • houn in adnnce of wht-n wn,ices ;are Meded. T1utnli you.
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
January 6, 2003
I. CaU to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:30 p.m.
Mayor Bradshaw said ii is so nice to have so many people here and it is for a very, very special occasion.
Congratulations to all of you!
2. Invocation
The invocation was given by Council Member Nabholz.
3. Pledae or AUeatance
The Pledge of Allegiance was led by Mayor Bradshaw .
4 . Roll Call
Present:
Absent :
A quorum was present.
Also present:
5. Minutes
Council Members Nabholz, Moore, Grazulis, Oarreu, Wolosyn,
Yurchick, Bradshaw
None
City Manager Scars
City Attorney Bl'OIZman
Assistant City Manqcr Flaherty
City Clerk Ellis
Director Gryglewicz, Finance and Administrative Services
Director Ross, Public Works
Director Olson, Safety ~rvices
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDm, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER
16, 2002.
Ayes :
Nays :
Mot ion .:arried.
Council Members Nabholz. Moore, Garrett, Woiosyn.
Yurchick. Grazulis. Bradshaw
None
• ••••
COUNCIL MEMBER MOORE MOVED AGENDA ITEM 8 (a) FORWARD.
8. (a) Mayor Brad shaw advised that this Agenda Item is a proclamation declarin1 the year 2003
as Englewood Jubilee ii.
Englewood City Council
January 6, 2003
Pagel
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE YEAR 2003 AS ENGLEWOOD JUBILEE II.
Motion carried.
Ayes: Council Members Nabholz. Moore, Garrett. Wolosyn,
Yurchick, Grazulis, Bradshaw
Nays: None
6 . Scheduled Visitors
(a) The Town Crier was present 10 help ring in the year of Englewood Jubilee n, in honor of
Englewood's 100111 anniversary.
The Town Crier entered the meeting ringing a bell. Hear ye, hear ye, hear ye, he said, I have been called
forth from the past to ring in this commemoration celebrating this, the 100'" anniversary of the City of
Englewood, Colorado. Madam Mayor. distinguished members of the City Council and the fine citizens of
this fair City, he said. it gives me great pleasure to give voice to this proclamation. He read the
proclamation declaring the year 2003 as Englewood Jubilee II, in its entirety. He presented the scroll to the
City Clerk.
Madam Mayor and honorable members of the City Council, he said, I also bring forth a list of nominees for
the title of Citizen of the Century. The Town Crier presented the list to Mayor Bradshaw . Mayor
Bradshaw said thank you.
It is time, he said. let the celebration of Englewood Jubilee II begin. Ringing the bell. the Town Crier left
the meeting. He was given a round of applause.
Mayor Bradshaw said wow. what else can you say but wow. We want to thank our Town Crier. Amy Doe.
Torres and Pauletta Puncerelli for putting this together, she said.
Ma yor Bradshaw advised that last May our Englewood Jubilee II coordinating committee launched the
Ci1izen of the Century project. We asked people to nominate individuals who have made a significant. long
las1ing and historical contribution to the Englewood community. By the deadline of November 1 •, 24
nominations were submitted, resulting in IS nominees. Some individuals were nominated more than once.
Tonight, she said. we will find out who those individuals are. Over the next few months. the Englewood
Jubilee n Commiuee will have more events.
Mayor Bradshaw said 1he names are in alphabetical order. What I would like to do. she said, is read the
name of the nominee and then I am also going to read the name of the people who nominated that person.
wo uld like all of 1hose people to stand and be recognized, she said.
Charles Allen
"CITIZEN OF THE CENTURY" NOMINEES
(In alphabetical order)
Nominated by Doris Nazarenus and Ruth Hansen
Roy Allenbach
Nomina1ed by Ball and Joan Clayton. the Englewood Public Library staff, and
Mar y G" y n Fitzgerald
Thomas J. Burns
No manjtcd b> Kcuh Mom, Gilman and Thcre5a Ann Mayeda
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Englewood Cily Council
January 6, 2003
Page3
Cherrelyn Horsecar
Nominated by Cyndi Krieger
Nell Dinneen Downing
Nominated by Fern Downing Osborne
Selwyn Hewitt
Nominated by the Malley Senior Recreation Center Advisory Committee, Gail Hewitt Ingraham, Barry
Hewitt, Dr. Roscoe L. Davidson, Vincent C. LaGuardia, Jr. and Stephen M. Woodworth
Elsie Malley
Nominated by the Malley Senior Recreation Center Advisory Committee
Steve Neyer
Nominated by Danny Warren
Georae Noffslnser
Nominated by Richard Carlson
Dorothy Romans
Nominated by George and Perkie Allen, !he Englewood Department of Safety Services,
Eugene L. Otis and Toni Butler
Ed Scott
Nominated by Bill Benton
Dr. John Simon, Jr.
Nominated by Barbara Holthaus
Charles Bryant Sinclair and Bertha Mabel Sinclair
Nominated by Vera Sinclair Corbin
Thomas Skerrltt
Nominated by Cyndi Krieger
Kells Wagoner
Nominated by Kathi Moore and Vivienne Cutrell
Mayor Brad shaw as ked that all 1he nominees or their representatives stand so we may give them a round of
applause .
They wer.: given a round of applause.
Mayor Bradshaw said whal a wonderful kickoff to Jubilee U. Over the next few molllhi. lhe En1ie11<ood
Jub,l.:e II ,oord inaung com mince will be going through 1he sclectton process and on May 13•. the euct
100'" B1nhda y.1he Ciuzen of the Century will be announced al Enslewood's Community Binhday Pany .
Y ,,u ,an lejrn more abou1 all 15 ot these nominees in upcoming iUUC$ of the EnaJcwood Citizen and lhe
Engle\\o,>d Be rjld . And pleaM: JOln us for our special birthday events ,n May. and all throuJhout the year.
,uch j> th.: .i '" o r July Fe,11vul . 1hc Englewood Fun Fcs1. the E111lcw.>Od Holiday Parade Uld , ur hohda
.:,eni, . .i, "e ,debrjle Englewood Jubilee II . She s;ud thank you all for comtn1 du evenana .
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(b) Ed Scott said I appreciate the opponunity to appear before the Council. It is a thrill to be
named among that distinguished group of people whose names you just read. My grandparents operated
and lived in the tiny room in back of the Salvation Army Store al Amherst and Broadway in the very early
thimes ... in the depth of the Depression. I visited there a number of times and not long after that I was
diagnosed with tuberculosis and sent out to live in Englewood, in the country. with those grandparents who
by then had acquired a ramshackle farmhouse at 3740 South Sherman. So in the intervening 65 years I
have seen many of these folks work. first hand , and I have seen many of them serve the City with great
significance. I am flattered to be among that group. Many years after I held your responsibilities, ladies
and gentlemen of the Council, I moved to some other places, for imponant reasons. but my hean stayed in
Englewood. In fact, he said, I guess some of my dollars have also ... going to doctors, dentists, barbers , the
post office, and now. Wal-Man. So I have been here a lot of times over the years. My mission here is to
tell you about a couple of sons of Englewood and their status when 9-11 occurred. Soon after the
diabolical 9-11 attacks began, the President of the United States was aboard Air Force I, and considering
our Nation· s response. he was monitoring on television. the work of the fellow from Englewood. Back to
that in a minute. he said, but first let me tell you about a kid that grew up across the street from our home at
2750 South Grant. His name was Tom Bush. the middle child of Dr. Warren Bush and the lovely Alice. I
don 't know, are they here? Mayor Bradshaw replied. no they aren't. Mr. Scott said okay ... well. he had a
career in the Navy . He got to be a Captain in the Navy. which is a notch below Admiral. He was stationed
at the Pentagon. retired from the Navy, was rehired immediately because he was doin& a vital job and he
had an office there, from which he was moved, two weeks before 9-11 . He was moved two weeks before
9-11 and when that plane hit the Pentagon, it demolished the place where his desk had been. I found that
out when the Englewood Lions asked me to address that group in April and I talked to the lovely Alice at
that time and she told me about Tom's story. And it is the American way to find a little bit of humor in
even the horrific events and so let me tell you what happened after that. Tom was not able to take his car
home, they wouldn't let it leave the parking lot. so he had to walk home. That took him across Arlington
National Cemetery. and by the time he got home ... although he had not been injured in the (!:rrorist
anack ... he was in significant pain. The reason is because he was wearing a new pair of ahoea. The 9-11
anack involved my youngest son Jonathan. He was born while I was Mayor . He grew up here and is now
based in New York and that is son of 1ro,1ic because with my network television career blouornin&, many
years ago. I decided to return to Englewood to raise my family here. And one of the family I raised here.
has found hi s television career blossoming and is now back East. But if it is acccpiablc, I will donate a
couple o f boo ks to the Englewood Library. You may hllve seen the Fox News Channel, he said. I could
see 1ha1 John was alive on the fateful day. The Fox News Channel serves cable and satellite services
internationally. In s ilt years . it out-rates CNN. CNBC, MSNBC, and from the start, John was the main
daytime anc hor of that cable network . Indeed. he said, on the day after the recent election, more people
tuned in 10 hi s repon of th e results , than all the others put together ... CNN, CNBC and MSNBC. I. of
co urse. knew when 9-l I was occurring ... and I could see my kid on television ... that a broadcast center is
an earl y 1arge 1 o f insurge111 s. ,o I was n't altogether comfonable that he was in a safe place. but he was
anchorin g there at Rockefe lle r Cemer and I was proud of the job he was do :ng . Also at Rockefeller Center.
nearby . are the NBC Studios. Sharon. John's wife . and the mother of four of my grandchildren. who is
now the gene ral manager and eJtec uti ve producer of NBC News Productions. was called back to the ~::::!:o.
The) were doing h ve TV. A lot o f rhe personnel knew how to do tape TV. but they dido 't know how to do
i.,e T and this fo rmer co-producer of Dateline. was s ummoned back. Thar put her on the third noor when
the .1111hrax b.!gan to move aro und, and they couldn't await a diagnosis. so they had her take the full
treatment o f a ntibioti cs a nd happily it turned o ut she hadn ·1 been exposed. But. he said, along with John.
,he pu t in lo ng hours fo r several da) . Well . John was invited here last May to make a speech 10 the
Broadcast Pi o neers of Colorado and , e told of a new book called "Coverin& Catastrophe". It contains
Jcco ums by dozens o f broadcast journali sts who were attempting 10 do their job. sometuncs without cell
phone, J, the tran,muter had been o n the World Trade Center. Six of the televi sion tauons in New York
"ere "lenl'cd b.!cau,e 1he1r Jntennas were o n the World Trade Center. Under very difficult c ircumstances
rhc) Jllemprcd 10 do 1he1r job und . indeed. there arc excerpts from each of them 10 the book. John's
J ppeJr throughou11he booJ.. ... thln!:l S he ,>rote ... and also Dan Rather . Peter Jenninp. Tom Brobw and
,11h,·1 t<>urn.1h,1 ,. On the re,·cm PeJrl Harbor DJy. a note came from John that told of a book that . to me .
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Englewood City Council
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was unknown at the time, and so. I looked at it and turned to page 206. This book is called "Fighting Back,
The War on Terrorism -from Inside the Bush White House", by Bill Sammon, who is a best selling author.
The book told me about somebody who is also a son of Englewood. The staning time for this account is
8 :28 o ur time on 9-11 ... if you will recall where you may have been at that point. President Bush had been
talking with school kids in Georgia. He got aboard the Air Force I airplane. and it goes on from there.
"The televisions aboard Air Force I showed live images of a scene that left everyone on board. including
the President, aghast. The north tower of the World Trade Center. the one with the TV antenna sticking
straight up from the roof like a giant toothpick. collapsed under its own weight. Great fountains of debris
spewed upwards from all sides, creating a second reverse mushroom cloud as it hit Manhattan's floor.
Although Air Force I was over the coast of Georgia, it was picking up a surprisingly strong signal from
KXLT. the Fox affiliate in Rochester, Minnesota. News anchor John Scott, whose commentary on the
disaster for the past 90 minutes had been measured and dignified, chose to let the pictures speak for
themselves, when the second tower disintegrated. After several long moments of solemn silence, he said
simply. America offer a prayer. Bush could hardly believe his eyes." The books belong to Englewood. he
said.
Mr. Scou gave the two books to the City Clerk.
Mayor Bradshaw said thank you Ed.
(c) EugeilC Norman said this paper is to the American people, our President and I hope it is
in care of the Englewood City Council . Although the word pedagogue often is perceived as having
negative connotation. that perception is based on degrees of relative ignorance. I ask that you perceive my
persona as being that of a pedagogue. Do so, and it can only be to your benefit. You need act only if you
c hose to do so. but either way. do it as a Nation. for Clod's sake. By understanding, you sec that I have
presented you with a center. our center. No one, and no nation can go anywhere without a <:enter . By
analyzing and acting on past papers presented by me, you will sec it means phenomenology incarnate. of
evaluating and balancing human conduct. A new course directed toward action. fitncu and propriety.
Repression and suppression arc like brothers in a sibling dispute. Especially when contained in the
individual personality. But when contained within the collective psyche, the two words and thcir
consequent action, become a rnonste:< ... a buffoon ... ajoke ... from which we may never recover. Recovery
becomes a step beyond the sibling mentality. You. the government. the people have more problems than
even I could solve. But. lets try . A Republic demands it. If you were to come out II all ... a drastic change
of collective and individual mind. must occur. A reappraisal and even reversal of praenl action, is
essential. In our past. we have made mistakes too monstrous for remorse to tamper with. Evil. whcthcr
su bjective or objective. contains the same result, unless we change it. Mr. Bush may perceive that
individual conscience is the only valid standard for moral judgment. Whether yes or no, I suggest he gi ve
s ubjugated people. especially in this country. a voice of meaning and by so doing, safeguarding the future .
The fo reign policies of the government. without a doubt, contribute to terrorism and diose policies exist
because o f o il. I ca n take you beyond that image. but first your reaction to me must become more positive.
mo re creative. mo re deliberative. Allow me the role of adviser ... an advocate of the people to Mr . Bush. I
have the ability to present solutions ... fr o m medical. to environmental, to social and international ... all
potenti a ll y viable alternatives to the s mugness and hypocrisy of middle-class America. We must sec
1erro mm as o ne would a two-way s treet . Anyone. in anyway. connected with weapons of mass
desirucuon. and their use , must be held accountable. This includes America . Our medical system is
banlrupt. , n more ways than one. And cars. which we consider OW' Clod aiven riaht. and in fact. we are
,la, e, 10. ca n ,uun. in tune be o ur further downfall unless we become much more aware relative IO phy ics.
,ll 1he1r true ,pace ume machine potential. which will soon affect reality to a point you won't believe. until
11 h.ippc,n, . .1nd the PO hcc .viii have more than even they can handle. I can only compare it to thc Homeric
p.><!m, Tclem.1c hia Combine that wuh Jihad and the de ire for martyrdom and what I sugest ID thi, paper
mJ~c,, ,,unplete ><nse. FranL: l.inguage beyond ego. 1 do not condone Hitler. but his ideal relauvc to Ille
\'1>ll,".1gen ma ~e, complete ;cn.e. He Mmply did nor go far enough. The large cars in Amenca
.ire ,imrl~ ,t.1ted ,hip, o f tool, Freedom in Ameru:a must include the freedom of sayma no. The
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Englewood City Council
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freedom to say where. when and how ... when dealing with cars ... relative to public transport .. .is a must.
Republic implies complete democracy, not monarchy and I claim my share. Childhood obesity and food
poisoning from school meals .. .I can stop that. But only with your help. By image perhaps, I will caich the
conscience of King George. Middle class values and morality, not only de-ball the male, but staple the
balls onto the female . No one ... quite human ... wins . The conspiracy by society. in emasculating its male
members and sewing up the female members is quite successful, but not to be applauded. Insignificance
becomes the established norm. There is no obscenity quite as great as that perpetrated by the image of
mass destruction from those in power who speak of peace and wage war. Foreign policy and domestic
issues have no common bond and reflect only the desires of the wealthy special interest groups. The
common man has no voice in either. A comedy of errors or simply a tragedy. An over-elaborated,
scatological joke ... perpetrated on ourselves. Bombs and death fueling the economy, so we can buy a new
car next year. Sunday morning mass and Monday morning mess. Insurance companies who have doctors
chained to the foot of the bed. Doctors who become janitors ... to survive. And we are doing it to ourselves.
God forbid ... unless God . too, is hung up in the bureaucracy.
7. Unscheduled Visitors
There were no unscheduled visitors.
8. Communications, Proclamations and Appointments
(a) This Agenda Item was moved forward . See page I.
9. PubUc Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
COUNCIL MEMBER GARRETT MOVm, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (U), (W) and (Iv), 10 (b) (I), (U), (W), (Iv), (v), (YI), (vU) aad
(viii) AND, 10 (c) (I), (II) and (W).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. I. INTR0Dl/CED BY COUNCIL MEMBER GARRETT
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD. COLORADO. AND THE CITY OF CHERRY HILLS
VILLAGE . COLORADO. WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF
CHERRY HILLS VILL AGE WITH VEHICLE MAINTENANCE.
(1i ) COUNCIL BILL NO. 2. INTRODUCED BY COUNCIL MEMBER GARRETT
A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF
ENGLEWOOD. COLORADO. AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE
ENGLEWOOD LIONS CLUB MINIATURE TRAIN.
(ii1l COU CIL BILL NO. 3. INTRODUCED BY COUNCIL MEMBER GARRETT
A BILL FOR AN ORDI • CE ADOPT ING THE 2003 BUDGET FOR CONCRETE REPLACEMENT
DISTRICT 1995
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Englewood City Council
January 6, 2003
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(iv) COUNCIL BILL NO . 4 , INTRODUCED BY COUNCIL MEMBER GARREIT
A BfLL FOR AN ORDINANCE AOOPTlNG THE 2003 BUDGET FOR THE CENTRAL SERVICES
FUND OF THE CITY OF ENGLEWOOD, COLORADO.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. I, SERIES OF 2002/2003 (COUNCIL BILL NO. 37,
INTRODUCED BY COUNCIL MEMBER GARREIT)
AN ORDINANCE AMENDING TITLE 2 , CHAPTERS I , 2 , 3, 4 , 5, 7, AND 9 AND TITLE 5,
CHAPTERS 3 AND 3A. OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO
BOARDS AND COMMISSIONS .
(ii) ORDlNANCE NO. 2, SERIES OF 2002/2003 (COUNCIL BILL NO. 69,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORJZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW
ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT
BOARD OF THE 18 nt JUDICIAL DISTRICT.
(iii) ORDINANCE NO . 3, SERIES OF 2002/2003 (COUNCll.. Blll. NO. 70,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS PARCEL 2
LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH
CHEROKEE STREET AND SOUTH ELA TI STREET TO ENGLEWOOD ENVIRONMENI' AL
FOUNDATION TO ENABLE ITS COMPLETION OF THE DEVELOPMENT OF THE R>RMER CITY
HALL SITE.
( iv) ORDlN ANCE NO. 4, SERIES OF 2002/2003 (COUNCll.. Blll. NO. 71,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE DEDICATING THE ENGLEWOOD PARKWAY FROM S . ELATI ST. TO
CHEROKEE ST. AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST CORNER OF
S. ELATI ST. AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY .
(v) ORDINANCE NO. 5, SERIES OF 2002/2003 (COUNCIL Bll.l. NO. 73,
INT RODUCED BY C O UNC IL MEMBER GARRETT)
AN ORDI NANCE AME NDING TITLE 3, C HAPTER 4. SECTIONS 2. 7. AND 17, OF T HE
ENGLEWOOD MUN IC IPAL CODE 2000. TO MAKE CHANGES TO ENGLEWOOD
ONEMERGENCY RET IREMENT PLAN DOCUMENT (THE PLAN) AS REQUIRED BY THE
I TER AL REVENUE SER VICE.
(v 1l ORDIN ANCE NO . 6. SERIES OF 200"..12003 (COL CIL Bill NO . 74 .
I 'TRO DUCE D BY COUNCIL MEMBER G ARRETT)
AN ORDh NCE ADOPT I G AMEN DME NT S TO THE CIT Y OF ENGLEWOOD AREAGHTERS
PE. ION PLAN D UMENT (T HE PL A N).
(,11 1 ORDI NANCE NO. 7. SE RI ES O F WOY.!003 (COUNCIL Bill NO . 7S.
I T ROD l 'CED BY O IL MEM B ER GARRETT)
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Englewood City Council
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AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE
OFFICERS PENSION PLAN DOCUMENT (THE PLAN).
(viii) ORDINANCE NO. 8, SERIES OF 2002/2003 (COUNCll.. Bll..L NO. 76,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE APPROVING ARIGHT-OF-WAY USE AGREEMENT TO AILOW RICOCHET
NETWORKS. INC. TO DEPLOY THE ABANDONED METRICOM EQUIPMENT TO PROVIDE
WIRELESS DIGITAL DATA SERVICES .
(c) Resolutions and Motions
(i) RESOLlITION NO. I, SERIES OF 2003
A RESOLlITION DESIGNATING THE BULI.ETIN BOARD ON THE NORTH SIDE OF THE
SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE
FOR AIL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2003.
(ii) RESOLUTION NO . 2. SERIES OF 2003
A RESOLlITION FOR SUPPLEMENTAL APPROPRIATIONS FOR THE CULTURAL ARTS CENTER
RESEARCH PROJECT .
(iii) THE PURCHASE OF FOUR SINGLE AXLE DUMP TRUCKS FROM
TRANSWEST TRUCKS FOR A TOT AL COST OF $255,036.00.
Mayor Bradshaw asked if there was any discussion. There wu none.
Vote results:
Ayes: Council Members Nabbolz, Moore, Garrett, Wolosyn.
Yurchick, Grazulis, Bradshaw
Nays : None
Mo1ion carried.
11. Regular A1enda
(al Approval of Ordinances on First Reading
There were no addiuonal 11ems submiucd for 3pproval on first reading. (See Agenda Item 10 -Consenl
Agenda .)
(bl Approval of Ordinances on Second Reading
There \\ere no udd1uonal 11ems ,ubmiucd for approval on second reading . (See Agenda Item 10-Consent
ge ndj.,
lei Resoluuons and Mouons
There \\ere no udd1uonul rcsoluuo ns or mmions submiued for ;approval . (See Apnda Item 10 -COIIICnt
•enda .l
11 . Ctneral DiK'uuioa
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Englewood City CouncU
January 6, 2003
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(a) Mayor's Choice
(i) Mayor Bradshaw said I do hope we have a successful 2003 and that everybody
is healthy.
(b) Council Members' Choice
(i) Council Member Yurchick said on Christmas Eve day we had a little incident on
our street. Some kids with a paintball gun thought it would be fun to shoot at passing cars and Officer
Kunst responded. I just wanted to say I was impressed with his professionalism and the demeanor with
which he treated these kids. City Manager Scars said he would pass that on.
(ii) Council Member Nabholz:
I . She offered her congratulations for the births and promotions as listed in the City newsletter. II is
very nice, she said.
2 . She said I especially want to thank Lieutenant Collins for working on an issue that has been really
disturbing for everybody involved. The old Amoco station at 2990 South Broadway, which we were all
under the impression that it was going to become British Pclroleum ... is not British Petroleum. It is going
to be Diamond Rock Auto Sales. I want to thank Assistant City Manager Mike Flaherty for all bis work.
We still don't know who owns the property. Mr . Murad refuses to say who be leases from, as be feels that
is his business. He asked where be would get a business license and I said you evidcotly are not familiar
with our fair city and so I explained where City Hall is and that ii is one-stop shopping . Today, as I went
by, there 1s no visible building permit. It may be in a file .. .I have no idea. I spoke with Guy Sean Ibis
morning and I spoke with Lance Smith in the Building Department and ii is a mess and here we arc. This
weekend I received three calls. because there is a Diamond Auto Sales in the 3100 block of South
Broadway. So two of the businesses asked me ifbc was related, ifbodtoflhesc were bis busillCSICS or
what . h is something I want Council to be aware of in case you get calls. I have gotten a lol of calls, she
said. just because it is so v.is ible. Council Member Garren brought up the issue of graff"Ui and dial is what I
talked 10 Mr. Murad about. I told him the end of the week... when be was given until the 16*. Even !bough
the process had 10 be started over because be was the new renter of Iba! place. I told him that wasn '1
acceptable. He said it was off and asked me to come by. I told him I went by at 4 :00 and it was five to
five. What he did was he removed the plywood that had the graffiti on it so bis glass doors would show. I
am very concerned as 10 how thi s got in. What were the safety stops? We evidently had none . I. too, am
lO blame for not being more forceful and saying who on earth arc these people? In my personal opinion. I
think 1he responsibility lies with Code Enforcement. with the Building Department and especially myself
~ r not being more careful with 1h1s .
3. She thanked Jan Johnson for helping the Magnet Inn with their new awrungs . Those old, blue.
to rn awnings arc now gone and have been replaced with a nice maroon. h looks very nice.
4 . She asked if there has been any follow-up on the Windshield Doctor . As to what he docs ... is ii
permined in Englewood'/ Because. she said. ii is not windshield replacement.
he said I don't know. at th, point. whether I will be able 10 1111Cnd the January 14• meeting with
Repre,e n1a11 ve D«:Gene .
b S he ,aid I ho pe 1h1 s ,s a good year for all o f us .
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Englewood City Council
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(iii ) Council Member Garrett said I had raised the issue as I had a concern on the
publi c forum aspect during our meeting . I appreciate the work that was done by Leigh Ann Hoffhines and
the memo she prepared . II sounds like we are sort of the middle of the road of where we should be, he said .
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Mayor Bradshaw said what l would like to see happen is to have us tab a very serious look at the under
utilization of retail property in our community. I am willing to propose legislation to remove some of those
noxious uses of retail properties in our community and l would like to have Council's support on that lam
particularly talking about the 41 car lots on South Broadway, she said .. Can we work on lhal7
Council Member Garrett noted Bob Simpson is supposed to bring something back.
Mayor Bradshaw said yes. Mr. Simpson is supposed to brina something back. but l just wlDICd to remind
you that that is my goal for this year, to get better use of our retail spaces on Broadway ... the Broadway
corridor, as well as Belleview and Federal.
City Manager Se.,rs did not have any matters 10 bring before Council.
14. City Attorney's Report
City Attorney Brotzman did not have any rnauen to bring before Council.
15 . Adjounm.at
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RECEIVED
JAR f 3 2003 ·
C\1'r' MA\\JAGERSOfFICE
ENGLEWOOD. COLORAOO
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Georgia Genenl Assembly
Approving tbe Principle of World Fedention
(Senate Resolution 70)
A Resolution
Whereas, it is necessary at the present juncture of human affairs to enlarge the bases of
organiz.ed society by establishing a government for the community of nations, in order to
preserve civilization and enable mankind to live in peace and be free, the following
principles and objectives are here enunciated in
THE DECLARATION OF THE FEDERATION OF THE WORLD
Man, the source of all political authority, is a manifold political being. He is a citi7.Cn of
several communities; the city, the state, the nation and the world. To each of these
communities he owes inalienable obligations and from each he receives enduring benefits.
Communities may exist for a time without being incorporated but, under the stress of
adversity, they disintegrate unless legally organized. Slowly but purposefully through the
centuries, civilization has united the world, integrating its diverse local interests and
creating an international community that now embraces every region and every person on
the globe. This community has no government, and communities without governments
perish. Either this community must succumb to anarchy or submit to the restrains of law
and order.
Governments can only be established through the deliberate efforts of men. Man has
struggled from time immemorial to endow the individual with certain fundamental rights
whose very existence is now imperiled. Among those rights is man's freedom to worship,
speak, write, assemble and vote without arbitrary interference. To safquard these
liberties as a heritage for the human race, governments were instituted among men, with
constitutional guarantees against the despotic exercises of political authority, such as are
provided by elected parliaments, trial by jury, habeas corpus and due process of law . Man
must now either consolidate his historic rights or lose them for generations to come.
The ceaseless changes wrought in hwnan society by science, industry and economics, as
well as by the spiritual , social and intellectual forces which impregnate all cultw"es, make
political and geographical isolation of nations hereafter impossible . The organic life of
the human race is at least indossolubly [sic] unified and can never be severed, but it must
be politically ordained and made subject to law . Only a government capable of
di sc hargin g alJ the fimctions of sovereignty in the executive, legislative and judicial
sphere s can accomplish such a task . Civilization now requires laws, in the place of
treati e . as instruments to regulate commerce betwcien peoples. the intricate conditions of
modem life have rendered treaties ineffectual and obsolete, and made laws essential and
ine vito ble. The age of treaties is dead ; the age oflaws is here .
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Governments, limited in their jurisdiction to local geographical areas, can no longer
satisfy the needs or fulfill the obligations of the human race. Just as feudalism served its
purpose in human history and was superseded by nationalism, so has nationalism reached
its apogee in this generation and yielded its hegemony in the body politic to
internationalism. The first duty of government is to protect life and property, and when
governments cease to perform this function, they capitulate on the fundamental principle
of their raison d'etre. Nationalism, moreover, is no longer able to preserve the political
independence or the territorial integrity of nations, as recent history so tragically confirms.
Sovereignty is an ideological concept without geographical barriers. It is better for the
world to be ruled by an international sovereignty of reason, social justice and peace than
by diverse national sovereignties organically incapable of preventing their own
dissolution by conquest. Mankind must pool its resources of defense if civili7.ation is to
endure.
History bas revealed but one principle by which free peoples, inhabiting extensive
territories, can unite under one government without impairing their local autonomy. That
principle is federation, whose virtue preserves the whole without destroying its parts and
strengthens its parts without jeopardizing the whole. Federation vitali7.es all nations by
endowing them with security and freedom to develop their respective cultures without
menace of foreign domination. It regards as sacrosanct man's personality, his rights as an
individual and as a citizen and his role as a partner with all other men in the common
enterprise of buildiug civilimtion for the benefit of man)cjnd, It suppresses the crime of
war by reducing to the ultimate minimum the possibility of its occurrence. It renders
unnecessary the further paralyzing expenditure of walth for belligerent activity, and
cancels through the ages the mortgages of war against the fortunes and services of men. It
releases the full energies, intelligence and assets of society for creative, ameliorative and
redemptive work on behalf of humanity. It recogni7.CS man's morning vision of his
destiny as an authentic potentiality. It apprehends the entire human race as one family,
human beings everywhere as brothers and all nations as component parts of an indivisible
community.
There is no alternative to the federation of all nations except endless war. No substitute
for The Federation of the World can organize the international community on the basis of
freedom and permanent peace. Even if continental, regional or ideological federations
were attempted, the governments of these federations. in an effort to make impregnable
their separate defenses , would be obligated to maintain stupendously competitive armies
and navies, thereby condemning humanity indefinitely to exhaustive taxation,
compulsory military service and ultimate carnage, which history reveals to be not only
criminally futile but positively avoidable through judicious foresight in federating all
nations .
It being Our Profound and Irrevocable Convic-.rion :
That man should be forever free and that his historic rights as an individual and u a
ci ti zen should be protected by all the safeguards sanctioned by political wildoln and
ex peri ence .
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That governments are essential to the existence of communities and that the absence of
government is anarchy.
That there exists an international community, encompassing the entire world, which has
no government and which is destined, either to be ruthlessly dominated and exploited by
totalitarianism or to be federated by democracy upon the principle of freedom for all
nations and individuals.
That all human beings are citizens of this world community, which requires laws and not
treaties for its government.
That World Federation is the keystone in the arch of civilization. humanity's charter of
liberty for all peoples and the signet authenticating at last the union of the nations in
freedom and peace.
That there are supreme moments in history when nations are summoned, as trustees of
civiliz.ation, to defend the heritage of the ages and to create institutions essential for
human progress. In the Providence of God, such a crisis in this hour, compelling in duty
and unprecedented in responsibility --a fateful moment when men meet destiny for the
fulfillment of historic tasts [sic].
Now Therefore , Be It Resolved by Senate, 1be House ofR.eprcscntatives Concurring:
Section l. That the General Assembly of George docs hereby solemnly declare that all
peoples of the earth should now be united in a World Federation. and to that end it hereby
requests the Senators and Members of the House of Representatives in Congress from the
State of Georgia to support and vote for a Resolution in the Congress of the United States,
approving the principle of World Federation and requesting the President of the United
States to initiate the procedure necessary to formulate a Constitution for The Federation
of the World , which shall be submitted to each nation for its ratification.
Section 2. That a copy of this Resolution be sent to each of the Senators aiid Members of
the House of Representatives in Congress from the .. State of Georgia
Approved January 31 , 1946 .
[NOTE] BY THE GOVERNOR:
While I approve in principle the purport of S.R . No. 70, I doubt the propriety of
requesting the President of the United States to initiate procedures necessary to formulate
a constitution for the Federation of the World . Due to the working of the United Nations
Organiution, much is being done towards World Federation. S.R. No. 70 seems to
question present procedures and urge the adoption of others. Nevertheless, with
reservations, the Resolution is approved
PROCLAMATION
WHEREA S, Englewood High School 's Athletic Teams continue to be a great source
of pride for the community; and
WHEREAS , for 23 years, Randy Penn , Coach of the EHS Pirates Football Team , has
dedicated himself to teaching, coaching, and encouraging Englewood High School's
athletes; and
WHEREAS, the 2002 Pirates Football Team was the first team in Englewood High
School history to have a 10-0 regular season ; and
WHEREAS , the 1002 season brought the 1 oo '" victory for Coach Penn and EHS
Pirates Football; and
WHEREAS, Coach Randy Penn was honored this season as a "Denver Broncos High
School Coach of the Week;" and
WHEREAS , under Coach Penn 's direction, the EHS Pirates Football Team had an
outstanding season performance. winning a spot in the State Playoffs for the third year in a
row; and
' WHE RE AS , Coach Penn has exhibited outstanding dedication to his team and the
sport o f football . inspiring sportsmanship and athleticism in his players;
NOW, THEREFORE . I, Beverlv J. Bradshaw, Mavor of the City of Englewood,
Colora do, hereby cong ratulat e Ran ch• Penn , Coach of the Englewood High School Football
Team on his 100111 victor . and com m end him fo r bringing pride and sportsmanship to the
communit oi Eng lewood.
DOPTED 'D PPRO ED this 2 t '' da\ of January, 2003 .
Be\ erlv J. Bradsha\ • Ma} or
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December 31, 2002
City Cotn:il
City cl Englewood
Clea' Coln::I:
Wllh thla lellllr I lender my l'1lliglallan from the AliarlCI for Ccmmlrce (ACE) Wiillllli& d the Clly d
Englewood.
Delpltil s,'Nl efb1a to 191181n In Englewood for runnua ~-. Vbge cld nallnd Ullllle
maruaclurlng apace ID leal9 ar punhme In lme for UI ID p,OCNd wllh OIi' ecpallialL We have lnll&&d
~ the tam.-Clrtl)w's loe Cran tuldng at ff and Stlllldln In l..llallaod
I wilh the c:ommillae, the ctly and the~ devllcpmlnt _,,warn Ngald In"*~ tffa1I.
1111 W . --A-• .. el1111• CO •111 ueA • T•: all.n1.NM • .._, W.'91.-• -ta1e1 -
Date
January 2 1, 2003
INITIATED BY:
COUNCIL COMMUNICATION
Agenda Item
10a i
Subject:
Intergovernmental Agreement
between the City and the State of
Colorado
Communitv Develooment Deel I STAFF SOURCE:
Janet Grimmett. Housim1. Finance Soecialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council p assed Resolution 90, Series of 2002, authorizing the submission of an application to the
State of Colorado, Division of Housing. for funding to support the Housing Rehabilitation Loan
program.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement for
the HOME Investment Partnerships Program between the State of Colorado and the City of
Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
Th e Colorado Division of Housing (CDOH) receives federal and state funds to develop affordable
ho using. These funds can be used for housing rehabilitation for families with incomes belOIN 80%
of an area's median income. Private non-profit and for-profit developers, housing authorities, and
local governments can apply.
Th e City of Engl ewood was approved for a $200,000 grant to provide loans to 13 low-income owner-
occupied homeowners to finan ce the costs of their major household repairs and improvements.
FI N ANCIAL IMPACT
The exis tm g employees in Comm un ity D eve l opment are avai lable t o administ er th e p roject and
th eir sa lar ies and benefits are part o f th e City's con tri butio n.
LIST OF ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2003
BY AUTHORITY
A BILL FOR
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT
PARTNERSH[PS PROGRAM BETWEEN THE STA TE OF COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the United States Government, through the National Affordable Housing
Act of 1990, has established the Home Investment Partnerships Program and has allowed each
state to elect to administer such federal funds, subject to certain conditions, for decent, safe,
sanitary, and affordable housing; and
WHEREAS, the State of Colorado has elected to administer such federal funds through
the Colorado Department of Local Affairs, Division of Housing; and
WHEREAS, the City of Englewood has been awarded a grant ofS200,000 to provide
funding for its low and moderate-income homeowners for rehabilitation of at least thirteen single-
family , owner-occupied homes; and
WHEREAS, the Englewood City Council passed Resolution 90, Series of 2002, that
authorized submitting an application for the fundin&.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
~-The Agreement ' for the Home Investment Partnerships Program. attached
hereto as Exhibit A, is hereby accepted and approved the Englewood City Council .
Section 2. The Mayor and City Clerk arc authorized to execute and attest said Agreement
for and on behalf of the City of Englewood .
Section 3. The City Manager shall be authorized to further extend the Agrccmcnt for the
Home Investment Partnerships Program for three additional periods subject to appropriation of
funds .
Introduced, read in full , and passed on first reading on the 21 • day of January, 2003.
Published as a Bill for an Ordinance on the 241b day of January, 2003 .
Beverly J. Bradabaw, Mayor
ATTEST :
Loucri shia A. Elli s, City Clerk
l, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, herd,y
cenify that the above and foregoing is a true copy of a Bill for • Onliaancc, inln>duccd, rad in
full and passed on first reading on the 21" day of January, 2003 .
Loucrishia A. Ellis
Cona-act Rouun2 1*
Vendor it
(for Remi1 Address \
CFDM 14.239
CONTRACT
HCME INVESTMENT PARTNERSHIPS PROGRAM (GRANT)
THIS CONTRACT. by and between the State of Colorado tor the use and benefit of the Department of Local Affajrs
13 13 Sherman Street . Denver Colorado 80203 hereinafter referred lo as the State and The City of Eao1awood 1000
Enqlewooo ?1rkway =nglewood CO 30110 , hereinafter referred to as the Contractor.
WHEREAS , authority exists in the Law and Funds have been budgeted , appropnated and otherwise made available
and a sufficient unencumbered balance thereof remains available for payment in Fund Number-------=-
Appropnat1on Code , Org . Number , GBL Number , Contract
Encumbrance Number H3HOM03029 , and,
WHEREAS, required approval. clearance and coordination has been accomplished from and •Mth appropnate
agencies ; and .
WHEREAS . the United States Government, through the Nalional Affordable Housing Act of 1990 ('NAHA") Pub. L.
No . 101 ·'52 5. has established the Home Investment Partnerships Program 1HOME). and has allowed each state to elect to
acm1nistar such feceral tunes. suoject to certain conditions. for the purpose of expansion of the supply of decent. safe ,
sanitary . and affordaote housing, 'Nllh pnmary attention to rental housing , fo r persons whose income is less than or equal to
eighty percant of area median income.
WHENEAS. the State of Colorado has elected to administer such fed eral funds for its nonanutlament areas through
the Colorado Department of Local Affairs ("Department"), Division of Hous ing, pursuant to 24-32· 705( 1) (I); and
WHEREAS, the Department has received applicalions from political subdivisions. nonprofit organ1zabon1 . and fo r
profit corporations. and Community Housing Development Organizations 1CHOOs) in Colorado for &llocauons from the
federal HOME fund s avaliable to Colorado; and
WHEREAS . the Contrac:or is one of the eligible political subdiv1s1ons . nonprofit orgamzabona . for profit corpora11on1 .
or community hou sing development organizations to receive HOME funds: and
WHEREAS . th e 'executive Director 1s willing to provide assistance 1n the form of a grant from the HOME program to
the Contractor for th e Pro1ec: upon mutually agreeable terms and conditions as hereinafter ser forth ; and
WHEREAS . the Depanment has approved lhe proposed Pro1ecr of the Contractor,
NOW THEREFORE 11 1s hereby agreed that:
I. Scope of Services. In consideration for the monies to be received l rom the Home lnvestmen1 Parmersh,p iirograrn .
1he Co niracto r sh all do. perform . and carr1 out . 1n a sat1stac:or1 and proper manner. aa determined t:Jy the Slale. all
work aleme nts as 1nd1cated in the 'S.:ope ot Service .· sat forth 1n E.<n1b1I A , wnicn 11 attached herelO and 1s
inc:rporated nere1n by :ererence . Jnd 1s ~ere1nai1er referred to as the "P ro1ect. • Work performeo pnor to ·lhe e.cul!On
at ,his Co ntract shall not be cons1c ered pan at th is Pro1ec:.
2. Responsible Admi nistrator. Th e performance <J I the services recuired '1ereunder shall be under th e dlrec:
sucer11s1on or Robert Simoson, an employee or agent of Contractor. who 1s hereoy des,gnateo as the noonsiole
acmin 1strator of this Pro1ect . At any time the responsib le administrator 1s nae assigned to 1h11 ?roiect. all work shal be
susoended unul the Co ntracto r ass igns a mutually acceptable rep lacement re spollllble ad!TWl11traror anll me State
rec >1ves noulicauon or such replacement assignment.
3. Time of Performance. This Contract shall b ecome affective upon ~roper execunon by the S... ConuoNr o,
des:~nee The Pro1ect contemplated herein shall .:ommence as soon 3S practlc:able altet !lie uec:u11on of Illa
C.;niract and shall oe umJenake n and pertormec 1n Iha sequ,1nce ,er 'orth 1n tne ..aacnea pe of SeMc.. TIie
C,Jntractor agrees that ume 1s ot the assa11ce 1n :ha performance ;f 111 obltg3110f1 1 under m.a '.:cntract ano m.
compleuo n or l he Pro1ect sha ll occ ur n<J !ater than :ha 1erm1nauon .:iate set lonti ,n Cfle Scaot ~' S.rvcea
P,ge I f :5 P g•
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4 . Eligible ActlviUH. The Contractor shall ensure that all project activities will be eligible under 24 CFR Part 92,
Section 205 through 209 and Section 212 , and all related regulations.
5 . Obligation, Expenditure and Disbursement of Funds.
6 .
a) Prior Expanns. Expenses incurred by the Contractor in association with said Project prior to execution of this
Contract are not eligible HOME expenditures and shall not be reimbursed by the State.
b) Environmental Revi-Procedures. Funds shall not be obligated or utilized for any activities requiring a
release of funds by the State under the Environmental Review Procedures for the HOME program at 24 CFR
Pans 58 until such release is issued in writing. For administrative costs. reasonable engineering and design
costs , and the costs of other exempt activities listed under 24 CFR 58.34(a)(1-8), the Contractor must notify
the state in writing that these costs are exempt activities. Categorically excluded activities listed under §58.35
and projects which require the completion of an environmental assessment must have written documentation
of compliance and a written release of funds from the state.
DeftniUon of BeneflclariH. Eligible beneficiaries are defined, for the purposes of this contract, as those persons
who are members of families who,e annual adjusted income does not exceed eighty percent (80%) of the median
income for the area as determined by U .S . Department of Housing and Urban Development. The effective incomes
for all areas of the state of Colorado by family size is set forth in Exhibit B. which is attached hereto and incorporated
h-n by reference .
7 . RnidenUal Anll-dispiacement and RelocaUon Assistance Plan. The Contractor shall follow a residential anti-
displacement and relocation assistance plan which , should permanent or temporary displacement occur, incorporates
he following requirements:
(a) Minimizing displacement. Consistent with the other goals and objectives of this part, the contractor must
ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals,
businesses. nonprofit organizations , and farms) as a result of a project assisted with HOME funds. To the
extent feasible . residential tenants must be provided a reasonable opportunity to lease and occupy a suitable,
decent, safe. sanitary, and affordable dwelling unit in the building/complex upon completion of the project.
(b) Temporary relocation. The following policies cover residential tenants who will not be required to move
permanently but who must relocate temporarily for the project. Such tenants must be provided:
(1) Reimbursement for all reasonable out-of-pocket expenses incurred In connection with the temporary
relocation. including the cost of moving to and from the temporarily occupied housing and any increase
in monthly rent/utility costs.
(2) Appropriate advisory services. including reasonable advance written notice of:
(i) The date and approximate duration of the temporary relocation;
(ii) The location of the suitable. decent. safe , and sanitary dwelling to be made available for Iha
temporary period ;
(iii) The terms and conditions under which the tenant may lease and occupy a suitable. decent. safe.
and sanitary dwelling in the bu ilding/ complex upon completion of the project; and
(iv) The provisions of paragraph (b)(1) of this section.
(c ) Relocation assistance for displaced persons. (1) General . A displaced person (defined in paragraph (c)t2) of
this section) must be provided re location assistance at the levels described In, and in accordance wrth the
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 {U RA) (42
U.S .C . 4201-1655) and 49 CFR part 24. A "displaced person• must be advised of his or her righlS under ltla F r
1:fous1ng Act and. if the comparable re:ilacement dwelling used to establish the amount of the ~
housing payment to be provided to a minority person is located in an area of minority concentration . Ille nonr,
person also must be given. if possible, referrals to comparable and suitable. decant, safe . and U01tar1
replacement dwellings not located in such areas.
(2) Displaced Person . (i) For purposes of paragraph (c) of th is section. the term dlaplacad pet'IOI\ r• ~
person (family individual. business , nonprofit organization. or farm. including any~-
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partnership or association) that moves from real property or moves personal property from real property,
perma nen tly, as a direct result of acquisition, rehabilitation, or demolition for a project assiated with
HOME funds . This includes any permanent. Involuntary move for an assisted project, including any
permanent move from the real property that is made:
(A) After notice by the owner to move permanently from the property, if the move occurs on or after:
(1) The date of the submission of an application to the contractor or the State. if the applicant
has site control and the application is later approved; or
(2) The data the contractor approves the applicable site , If the applicant does not have site
control at the time of the application ; or
(BJ Before the date described In paragraph (c)(2)(l)(A) of this 18\,1lon. If the State or HUD determines
that the displacement resulted directly from acquisition, rehabilitation, or demolition for the
project; or
(C) By a tenant-occupant of a dweUlng unit, if any one of the following three situations occurs:
(1) The tenant moves after execution of the agreement covering the acquisition, rehabilitation,
or demolition and the move occurs before the tenant is provided written notice offering the
tenant the opportunity to lease and occupy a suitable, decant, safe, and sanitary dwelHng
In the same building/complex upon completion of the project under reuonable tarma and
conditions. Such reasonable terms and conditions must include a term of at least one year
at a monthly rant and estimated average monthly utiUty costs that do not exceed Iha
greater of:
(i) The tenant's monthly rent before such agreement and estimated average monthly
utility costs; or
(II) The total tenant payment, as determined under 24 CFR 813.107, if the tenant fs
low-income. or 30 percent of gross housanold income, If the tenant Is not
low-income; or
(2) The tenant is required to relocate temporarily, does not ratum to the building/complex, and
either
(i) The tenant is not offered payment for all reasonable out~-pocket expanses
incurred in connection with the temporary relocation; or
(iii Other conditions of the temporary relocation are not reasonable ; or
(3) (I) Th e tenant is required to move to another dwelling unit In the same
bu1 ding/complex but is not offered reimbursement for all reasonable out-of-pocket
expenses incurred in connection with the move, or other conditions of the move are
not reasonable .
(ii) Notwithstanding paragraph (c)(2)(i) of this section. a parson does not qualify as a
displaced person if:
(A) The person has been evicted for cause based upon a serious or repeated
violation of Iha terms and conditions of the lease or occupancy agreement,
violation of applicable fader ~I . State or local law , or other good cause. and
the panicipaling j1. sdiction dacerminas that the eviction -not undertaken
for the purpose of evading the obllgatlon ID provide l'9locallon M8illance.
The effective date of any termination or l9fuUI ID ,w,aw mUll be preceded
by at least 30 days advance written notice ID the l9llant apedfying Iha
grounds for the action.
( B) The person moved inco Iha property 8"*' the IUbmiAlon of Iha application
but, before signing a 1•-and commencing occupancy. was provided
wntten notice of Iha project, ill polllble impact on Ille pat10n (e .g., the
person may be diaplacld, temporanly 191ocatad, incur a rant lncruea), and
Page 3 of 1~ Pages
the fact that the person would not qualify as a .. displaced person" (or for any
assistance under this section) as a result of the project;
(C) The person is ineligible under 49 CFR 24 .2(g)(2); or
(0) HUD determines that the person was not displaced as a direct result of
acquisition. rehabilitation . or demolition for the project.
(iii) The jurisdiction may, 31 any time. ask HUD to determine whether a displacement is
or would be covered by this rule .
(3) Initiation of negotiations. For purposes of determining the formula for computing replacement housing
assistance to be provided under paragraph (c) of this section to a tenant displaced from a dwelling as a
direct result of private-owner rehabilitation , demolition or acquisition of the real property, the term
initiation of negotiations means the execution of the agreement covering the acquisition, rehabiUtation ,
or demolition.
(d) Optional relocation assistance. The contractor may provide relocation payments and other relocation
assistance to families. individuals. businesses, nonprofit organizations, and famls displaced by a project
assisted with HOME funds where the displacement is not subject to paragraph (c) of this section. The
contractor may also provide relocation assistance to persons covered under paragraph (c) of this section
beyond that required . For any such assistance that is not required by State or local law. the contractor must
adopt a written policy available to the public that describes the optional relocation assistance that it has elected
to furnish and provides for equal relocation assistance within each class of displaced persons.
(e) Rnldential antldisplacement and relocation assistance plan. The contador shall comply with the
requirements of 24 CFR part 42, subpart B.
(f) Real property acquisition requirements . The acquisition of real property for a project is subject to the URA
and the requircmeniS of 49 CFR part 24, subpart B.
(g) Appeals. A person who disagrees with the contractor's determination concerning whether the person qualifies
as a displaced person, or the amount of relocation assistance for which the person may be eligible, may Ille a
written appeal of that determination with the contractor. A low-income person who is dissatisfied with the
contractor's determination on his or her appeal may submit a written request for review of that determination to
tile Colorado Division of Housing .
8 . Affordability Requirements . The Contractor shall ensure that housing units produced through the actlvitles of new
constrJction and/or through rehabilitation of existing units remain affordable for the period required under 24 CFR
Part 92. Section 252 and 254 , respectively.
9 . Affirmatively Furtherir.g Fair Housing. The Contractor shall affirmatively further fair housing in addition to
conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act , as required herein.
1 O. Affirmative Marketing Plan. The Contractor shall prepare and follow an affirmative marketing plan. if the HOME
assisted renta l o r homeowner project contains more than five (5) housing units, which provides:
a) affirmative marketing steps consisting of actions to provide information and otherwise attract eligible persons
in th e housing market area without regard to race. color. nallonal origin, sex. religion , familial status or dlsabWity
fro m all racial, ethnic, and gender groups in the housing market area to the available housing ; and,
b) provisions to annually assess the affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions.
c) The affirmative marketing requirements and procedures adopted must include:
1) Metho ds for informing the public, owners, and potential tenants about federal fair houaing laws and the
Contractors affirmative marketing policy (e .g .. the use of the Equal Housing Opportunity logotype or
slogan in press releases and solicitations for owners , and written communication to fair housing and
other groups):
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2) Requirements and practices each owner must adhere to in order to carry out the Contractor's affirmative
marketing procedures and requirements (e.g . use of commercial media. use of community contacts. use
of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);
3) Procedures to be used by owners to inform and solicit applications from persons in the housing market
area who are not likely to apply for the housing without special outreach (e .g., use of community
organizations, places of worship, employment centers , fair housing groups, or housing counseling
agencies);
4) Records that will be kept describing actions taken by the Contractor and by owners to affirmatively
market units and records to assess the results of these actions; and
5) A description of how the Contractor will assess the success of affirmative marketing actions and what
corrective actions will be taken where affirmative marketing requirements are not met.
d) All units of general local government who receive HOME funding must adopt affirmative marketing procedures
and requirements that meet the requirement in paragraphs a) and b) of this section .
11 . Minority Outreach. The Contractor must prescribe to the State the procedures it wiU use to ensure the inclusion, to
the maximum extent possible. of minorities and women, and entities owned by minorities and women, including,
•Mthout limitation, real estate firms . construction firms, appraisal firms, management firms, financial inslilutlons,
invesunent banking firms. underwriters. accountants. and providers of legal service . Affirmative steps , as outlined in
Section 85.36(e) of this title. to be taken are the following :
(a) placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(b) assuring that small and minority businesses, and women's business enterprises are solicitated whenever they
are potential sources:
(c) divid ing total requirements. when economically feasible , into smaller tasks or quantities to permit maximum
participation by small and minority business. and women's business enterprises;
(d) establishing delivery schedules, where the requirement permits, which encourage participation by smaU and
minority business. and women's business enterprises:
(e ) using the services and assistance of the Small Business Development Agency of the Department of
Commerce: and.
(t) requmng the pnme contractor. if subcontracts are to be let. to take al of the above mentioned affirmative steps .
t 2 . Sec:l on 3 Requirements . Uniess no!eo ,n "EJ<hibit A, Scope of Services" this contract is subject to the following :
a ) The work to be performed under this contract is sut>,ect to the requirements of Secllon 3 of the Housing and
Urban Development Act of 1968, as amended. 12 U .S .C. 70u (Seclion 3). The pur1)0N of Section 3 is to
ensure that emptoyment and other econom,c opportunities generated by HUD Ullltancll or HUO-Ulllted
pro 1ects covered by Section 3. shall. to the greatest extent feasible . be directed to low-and very low-income
persons . partic:.ilarty persons who are recipients of HUD assistance for housing.
b)
c)
The pan!es to t~is contrac: agree to comply with HUO's regulations in 24 CFR part 135, which implement
Section 3 . As evidenced by their execution of this contract. the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 135
regulations .
The contractor agrees to send to each labor organization or representallve of workers with which the contractor
has a collective ba rgaining agreement or other understanding, if any, a notice advising the labor organization
or workers' representative of the contractor's commitments under this Secllon 3 dauae. and will post copies of
the notice in conspicuous places at the work site where both employee• and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference. shall set forth
minimum number and Jo b Illies subject to hire . availab il ity of apprenticeship and training positions. the
qualifications for each : and the name and location of the persons ) taking application• for each of the positions :
and Ille anuc1pate d date the woli\ shall begin.
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d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action. as provided in an applicable provision of
the subcontract or in this Section 3 c lause. upon a finding that the subcontractor is In violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part
135.
a) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract
for default. and debarment or suspension from future HUD assisted contracts.
13. Compensation and Method of Payment. The State has allocated for the Contractor in the state's HOME account, in
consideration for the work and services to be performed , a grant amount not to exceed Two Hundred Thousand and
No/100ths Dollars {S200.000 .00l. The method and time of payment shall be made in accordance with the "Payment
Schedule" set forth in Exhibit A : Scope of Services.
14 . Financial Management. At all times from the effective date of this Contract until completion of this Contract, the
Contractor shall comply with the administrative requirements , cost principles and other requirements set forth in 0MB
Circular No. A-87 and the following requirements of 24 CFR part 85. Sections 8 , 12. 20, 22, 26, 32, 33, 34, 36 , 44, 51 ,
and 52 for state recipients and any governmental subrecipients, and 0MB Circular No . A· 122 and the requirements of
24 CFR Part 84, Sections 2 , 5, 13-16, 21. 22, 26-28. 30, 31 , 34-37. 40-48. 51, 60-62. 62, 72 and 73 for nonprofit
organiZatlons.
15. Audit. All audits must be conducted in accordance with 24 CFR part 44 and 45, as applicable. In accordance with
§44 .14. the State may withhold future funds if the Contractor shows continued inability or unwillingness to have a
proper audit. Other appropriate sanctions may include: (a) withholding a percentage of assistance payments until the
audit is completed satisfactorily; (b) withholding or disallowing overhead costs; and (c) suspending a future contract
until the audit is received .
a) Discretionary Audit. The State. through the Executive Director of the Department, the State Auditor. or any of
their duly authorized representatives , including an independent Certified Public Accountant of the State's
choosing , or the federal government or any of its properly delegated or authorized representatives shall have
the right to inspect. examine, and audit the Contractor's (and any subcontractor's) records, books, accounts
and other relevant documents. Such discretionary audit may be requested at any time and for any reason from
the effective date of this Contract until five (5) years after the date of the approved project close out letter for
this Project or for the required term of affordabltity of this Project whichever is longer.
b) Mandatory Audit for Local Governments. Whether or not the State calls for a discretionary audit as provided
above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local
Government Audit Law. C .R.S . 1973. 29-1-601, gt ug and lhe Single Audit Act of 1996, as amended Pub. L .
104-156, and federal and State Implementing rules and regulations . Such audit reports shall be simultaneously
submitted to the Division of Housing and the Stat& Auditor. Thereafter. Iha Contractor shal supply Iha Division
of Housing with copies of all correspondence from any auditor related to the relevant audit report. If the audit
reveals evidence of non-compliance with applicable requirements . the Department raerves the right to
institute compliance or other appropriate proceedings notwithstanding any other judlaal or administrative
ac tions filed pursuant to C .R.S. 1973, 29-1-607 or 29-1-608.
c) Mandatory Audit for nonprofit organizations and CHOOs. Whether or not the State calls fo r a discretionary
audit as provided abo ve. the Co ntractor shall include the Project in its annual audit report. Such audit reports
shall be submitted to the Division of Housing. Thereafter, the Co ntractor shaU supply the Division o f Housing
wi th c opies of all correspondence fro m auditors related to the re levant audit report.
16. Contract Suspens ion . If the Contr ac:o r falls to comply with any contractual provision , the State may, after notice to
the Contractor. suspend the co ntract and w ithhold further payments or proh ibit the Contractor from incumng
additional obligations of contractual funds. pending co rrectiv e action by the Contractor or a decision to terminate in
acco rdance with provisio ns herein . The State may determine lo allow such necessary and proper costs which the
Contrac:or could not re aso nably avo id during the period of suspension provided such costs were necessary and
reasonable for the conduct of the project.
Contrac t Te rm inati,;m . This contract may be te rmin ated as follows:
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a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contrac1or is to be
paid , re imbursed , or otherwise compensated with federal HOME funds provided to the State for the purpose of
contracting for the services provided for herein or with program income, and therefore, the Contractor
expressly understands and agrees that all its rights , demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State . In the event that such funds or any part
thereof are not received by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause. the Contractor shall fail to fulfill in a timely and proper manner
his obligations under this Contract. or if the Contractor shall violate any of the covenants, agreements , or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data ,
studies, surveys. drawings, maps, models. photographs. and reports or other material prepared by the
Contractor under this Contract shall, afthe option of the State , become its property, 111d the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory wor1< completed on such documents
and other materials.
Notwithstanding the above. the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor. and the State may withhold
any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due
the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State desires. The State
shall effect such terminalion by giving written notice of termination to the Contractor and specifying the
effective date thereof. at least twenty (20) days before the effective date of such tennlna1ion . In that event. all
finished or unfinished documents and other materials as described in subparagraph 17 b) above shall. at the
option of the State, become its property. If the Contract 1s terminated by the State as provided herein, the
Contractor will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the Contractor covered by this Contract. teas payments of
compensation previously made: Provided, however. that if less than sixty percent (60%) of the services
covered by this Contract have been performed upon the effective date of such termination, the Contractor shal
be reimbursed (in addition to the above payment) for that portion of the actual out-of.pocket expenses (not
otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are
directly attributable to the uncompleted portion of the services covered by this Contract. tf this Contract is
terminated due to the fault of the Contractor, Paragraph 17b hereof relative to termination lhaN apply .
18. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations . Any such required modification shall be incorporated Into and be
part of th is C.:intract as if fully set forth herein .
b ) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract when such
modifications are requested by the Contractor or determmed by the State to be necessary and appropriate. In
such cases , the Amendment is bi nding upon proper execution by the Executive Director of the Department and
the State Co ntro ller's designee and without the signature of the Contractor.
i) Parag raph 2 of the Contract. Res ponsible Administrator.
ii) E xhibit A , Scope o f Service. Ti me of Performance:
iii) Exhi bit A , S.:ope o f Service . Payment Schedule, Remit Address : and/or
Con tractor must sub mit a w ri tten request to the Department if modifications are required . Amendments to this
Contract for the provi sions outlined in th is Paragraph 18 b. i) through iv): Responsible Administrator, nme of
Performance . Remit Ad dress. or Payment Sc hedule can be executed by the State (Eichiblt C1 ).
c) Bilateral Amendment. In the followi ng circumstances. modifications shal be made by an Amendment signed
by th e Co ntractor . the Executive Directo r of the Department and the State Controller's dNignff. Such
Amendments must be ~xecuted by the Contractor then th e State and are binding upon proper execution by the
Exe cutive Director of the Departmen t and th e State Controllef"s delignee.
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i) unless otherwise specified in the "Budget• section of Exhibit A, when cumulative budgetary line item
changes exceed Twenty Thousand Dollars ($20,000.00);
ii) unl ess othe r N1se spec if ied i n the "Budget" section of Exhibit A. when any budget transfers to or
between administrative budget categories are proposed ;
iii) when any other material modifications, as determined by the State. are proposed to Exhibit A or any
other Exhibits;
iv) when additional or less HOME funding is approved by the Department, or Other funding is decreased;
v) when there are additional federal statutory or regulatory compliance changes in accordance with
Paragraph 21 of this Contract.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral
Amendment as set forth in subparagraph 18.b.
Upon proper execution and approval, such Amendment (Exhibit C2) shall become an amendment to the Contract.
effective on the date specified in the amendment. No such amendment shaH be valid until approved by the State
Controller or such assistant as he may designate. All other modifications to this Contract must be accomplished
through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 16 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms of this Contract other
than as set forth in subparagraphs 18 .b) and 18 .c) above, written notice of the proposed modification shall be
given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract property executed and approved in accordance with applicable law. Any
amendment required per this subparagraph will require the approval of other state agencies as appropriate.
e.g . Attorney General, State Controller, etc.
19. Integration. This Contract. as written. with attachments and references, is intended as the complete integration of all
understandings between the parties at this time and no prior or contemporaneous addition. deletion or amendment
hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment
incorporating such changes , executed and approved pursuant to applicable law. •
20 . Conflict of Interest
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the
Contractor and its subcontractors. no employee, officer or agent of the Contractor or its subcontractors shall
partic:pate in the selection or in the award or administrallon of a contract if a conflict of interest. real or
apparent, would be involved. Such a conflict would anse when the employee. officer or agent: any member of
his immediate family; his partner: or an organization which employs , or Is about to employ , any of the above .
has a financial or other interest in the party or firm selected for award . Ofllcers , employees or 19ents of the
Contractor and its subcontractors shall neither solicit nor accept gratuities , favors or anything of monetary
value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the
intrinsic value of such items is nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement (Including the provision of
housing rehabilitation assistance to individuals. the provision of assistance to businesses , and the acquisition
and disposition of real property). no persons described in subparagraph i) below who exercise or have
exercised any functions or responsibilities with respect to HOME activities or who are in a position to
partic ipate 1n a decision-making process or gain inside information with regard to such activities. may obtain a
personal o r fi nancial interest or benefit fro m the activity, or have an interest in any contract. subcontract or
agreement with respect thereto . or the proceeds thereunder. either for themselves or those with whom they
have family o r business ties. during their employment tenure or for one year thereafter.
i) Parsons Covered. The conftict of interest provisions of paragraph b) this section apply to any person
who is an employee. agent. consultant. officer. or elected official or appointed official of the Contractor
or of any designated public agencies or subcontractors receiving HOME funds .
11) Threshold Requirements for Exceptions . Upon the written request of the Contractor. the State wiU
forwa rd to HUD a request for an exception to the provis,ons of the subparagraph bl when it dete,mines
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iii)
that such an exception will serve to further the purposes of the HOME program and the effective and
efficient administratlon of the Contractor's Project. An exception may be considered only after the
Contractor has provided In writing the following :
j_. a disclosure of the nature of the conflict, accompanied by an assurance that (1) there has been or
will be a public disclosure of the conflict and a description of how the public disclosure was or will
be made; and (2) the affected person has withdrawn from his or her functions or responsibiUUes.
or the decision-making process with respect to the specific HOME-assisted activity in question;
and,
12-an opinion of the Contractor's attorney that the interest for which the exception is sought would
not violate State or local law; and
s;. a written statement signed by the chief elected official or executlve director of the Contrae10r
holding the State harmless from all liability in connection with any exception which may be
granted by the State to the provisions of this subparagraph b) above In All c-Other Than
Procurement;
Factors to be Considered for Exceptions. In determining whether to grant a requested exception after
the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shaU
consider the cumulP.tive effect of the following factors, where applicable:
1. whether the exception would provide a significant cost benefit or an euentlal degree of expertise
to the Project which would otherwise not be available:
12. whether an opportunity was provided for open competitive bidding or negotiation;
s;. whether the person affected is a member of a group or class of low or moderate income persons
intended to be beneficiaries of the HOME assisted activity, and the exception will permit such
person to receive generally the same benefits as are being made available or provided to the
group or class:
g. whether the affected person there has withdrawn or from hi1 or her function• or responsibilities ,
or the decision making process with respect to the specific HOME·asailted ;;cllvity in question;
§. whether the interest or b-fit was present before the affected person was in a position as
described in this subparagraph b) i) Per90ns Covers;
f. whether undue hardship will result either to the Contractor or the person affected when weighed
against the public interest served by avoiding the prohibited conflict; and
g,. any other relevant considerations .
c ) Owners and Developers .
(1) No owner. deve loper or sponsor of a project assisted with HOME funds (or officer, employee , agent or
consultant of the owner, deve loper or sponsor) whether private, for profit or non-profit (including a
community housing development organization-(CHDO) when acting as an owner, developer or sponsor)
may occupy a HOME-assisted affordable housing unit In a project. This provision does not apply to an
owner-occu pant o f sing le-family housi119 or to an employee or agent of the -or developer of a
rental hous ing pro ject who occupies a HOME assisted unit as the project manager or maintenance
worker.
(2) Exceptions. Upon written request of a housing owner or developer, the Contractor may r9q\l8St in
writing from the State an exception to the provisions of paragraph c)(1) of this NCtlon on a
case-by-case basis when It determines that the exception wiU serve ID ful1tl« the purpo-of the
HOME program and the effective and effloent administration of the owner's o, developer's
HOME -assisted pro1ect In determining whether to grant a requntad eicceptlon, the State shall consider
the followin g facto rs :
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(i) Whether the person receiving the benefit is a member of a group or class of low-Income persons
intended to be the beneficiaries of the ass isted housing , and the exception wtll permit such
person to rece ive generally the same interests or benefits as are being made available or
provided to the group or class:
(ii) Whether the person has withdrawn from his or her functions or responsibilities , or the decision
making process with respect to the specific assisted housing in question:
(iii) Whether the tenant protection requirements of §92.253 are being obHMld:
(iv) Whether the affirmative marketing requirements of §92.351 are being observed and followed ; and
(v) Any other factor relevant to the participating jurisdiction's determination, including the timing of
the requested exception .
21 . Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any
subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards,
regulations. interpretations or guidelines issued pursuant thereto . The applieable federal i-and regulations include :
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq .), as amended, and the implementing
regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 •
1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and
enhancing environmental quality.
b) National Historic Prnervatlor: .-'et of 1968 (16 USC 470 et seq .), as amended. requiring consideration of
the effect of a project on any district. site, building, structure or object that ia included in or eligible for
inclusion in the Naoonal Register of Historic Places .
c) Executive Order 11593. Protection and Enhancement of the Cultural Environment. May 13, 1971 (36
FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of
sites . structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Hlstortcal Data Praervatlon Act of 1974, amending the ReseNOir Salvage Ad
of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeologlcal data that would
be lost due to federaMy-funded development and construction activities .
e) Executive Order 11981, Floodplain Management. May 24, 19n (42 FR 26951 et seq.) prohibits
undenaking certain activities in flood plains unless ii hlls been determined Chat ttlerl is no practical
alternative. in which case notice of the action must be provided and the 8Cllon must be designed or modified
to minimize potential damage .
f) Executive Order 11990, ProlKtlon of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of
all actions proposed tel be located in or appreciably allecling a wedand. Undertaking or assisting ,_
construction located in wedands must be avoided unless it is deteffllined lhat there ii no practical attematlve
to such construction and that the proposed acllon includes all practical measurM to minrniZe potential
damage .
g) Safe Drinki ng Water Act of 1974 (42 USC 201,300 f et seq ., 7401 et seq.), as amended . prohibiting the
commitment of federal financial assistance for any ;iro1ect which the Environmental Proteetlor, Agency
determines may contaminate an aquifer wnich ,s the sole or prtnopal drinking water source for an area.
h) The Endangered SpeciH Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authonzed . funded . or earned out by the federal 9ovemment do not J90pardize the continued existence of
endangered and threatened species or result in the destruction or modlficadon of 1h11 habitat of such speeies
which is determined by the Department of the Interior, after conlUltation with the Stala, IO be critical.
1) The Wild and Scenic Rivers Act of 1961 (1 6 USC 1271 et seq.), u amended . prohibiting federal
assistance ,n thA construction of any water resources proiect that ·NOuld have a direct and adverae affect on
any nver included in or designated for study or inclusion in the National Wld and Scenic Rivers System .
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j) The Clean Air Act of 1970 (42 USC 1857 et seq.). as amended, requiring that federal assistance will not be
given and that license or permit will not be issued to any activity not conforming to the State implementation
plan for national primary and secondary ambient air quality standards.
k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise
abatement and control, acceptable separation distances from explosive or fire prone substances and
suitable land uses for airport runway clear zones.
I) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -Tltle Ill, Real
Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for
uniform and equitable treatment of persons displaced from their homes, businesses , or farms by federal or
federally-assisted programs and establishing uniform and equitable land acquisition policies for federal
assisted programs. Requirements indude bona fide land appraisals as a basis for land acquisition, speciftc
procedures for selecting contract appraisers and contract negotiations. fumiahing to owners of oroperty to be
acquired a written summary statement of the acquisition price offer baaed on the fair market price, and
specified procedures cor.nected with condemnation.
m) Uniform Relocation Assistance and Real Property Acquisition Pollclea Act of 1970 -Tltle 111, Uniform
Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair
and equitable treatment of all persons displaced as a result of any federal or federally-assisted program.
Relocation payments and assistance. last-resort housing replacement by displacing agency, and grievance
procedures are covered under the Uniform Act. Paymenis and assiStanee wil be made pursuant to state or
local law, or the grant recipient must adopt a written policy avaHable to the public dNcrlblng the relocation
payments and assistance that will be provided. Moving expenses and up to S22.500 OI' more for each
qualified homeowner or up to $5,250 or more for each tenant are potenllal costs.
n) Section 104{d) of the Housing and Community Development Act of 1974, (42 U.S.C. 5301 a -nded
and implementing regulations at 24 CFR Part 570) providing for the replacement of aM iow/moderate-
income dwelling units that are demolished or converted to another UH as a direct result of the use of HOME
funds. and whicr, provides for relocation assistance for ail low/moderate-income households so displaced.
o)
p )
Davis-Sacon Fair Labor Standards Act (40 USC 276a. 2761°5) requiring that. on all contracts and
subcontracts which exceed $2,000 for federally-assisted constr\ldlon, all8ratlon or rehabilllatlOn for projects
which include 12 or more units assisted with HOME funds, all labo191'S and mechanics employed by
contractors or subcontractors shaU be paid wages at rates not INa than those prevailing on similar
construction in the locality as determined by the Secretary of Labor.
Similarly. all contracts for construction must contain these wages provisions if HOME funds are used for any
project costs, incluoing construction or non-construction costs, with 12 or mon1 HOME-assisted housing
units . When HOME funds are only used to assist homebuyers to acquin1 lingle-flmily housing, and not for
any other project costs, the wage provisions apply to the consll'Uctlon of the housing if there is a written
agreement with the owner or developer of the housing that HOME funds wlH be used IO assist homebuyers
to buy the housing and the construction contract covers a to1al of 12 or more HOME-assisted units, whether
one or more than one site location is covered by the construdlon contract Once they -determined to be
applicable . the wage provisions must be contained in the construction contract so as to co.,.... all laborers
ana mechanics employed in the development of the entire project. indudtng portions other than the assisted
units . Afranging multiple construction contracts within a single p ro ject for the purpose of avoiding the wage
prov1s,o ns 1s not permitted .
i) Volunteers. The prevailing wage provisions of this Act do not apply to an individual who receives no
co mp ensatio n or is paid expenses . reasonable benefits . or a nominal fee to perform the sarvices for
which the individual vol unteered and who is not otherwise employed at any time in the construction
work .
ii) Sweat equity. The prevailing wage provisions of this Act do not apply to membels of an eligible family
who provide labor In exchange for acquisition of a property for t,o-,sh,p or provide labor in lieu
of. or as a supplement to . rent payments .
Contract Work Hours and Safety Standards Act of 1H2 (40 USC 327 at seq .) requiring that mechanics
and laborers employed on fede rally-assisted contracts which eia:eed S2.000 be paid wages of not leas than
one and o ne-half nmes thl!ir basic was;e rates for an hours worked in excess of forty '" a work -k.
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q) Copeland Antl-Kickback" Act of 1934 (40 USC 276 (cl) prohibitlng and prescribing penalties for
"kickbacks" of wages in federally-financed or assisted construction activities.
r) The Lead-Based Paint Poisoning Prevention Act -Title IV (42 USC 4831) prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring
notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the
symptoms and treatment of lead-based paint poisoning .
s) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)). as amended,
providing that, to the greatest extent feasible, opportunities for training and employment that arise through
HUD-financed projects. will be given to lower-income persons in the unit of the project area. and that
contracts be awarded to businesses located in the project area or to businesses owned, in substantial part.
by residents of the project area .
t) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309). as amended ,
providing that no person shall be excluded from participation (including employment), denied program
benefits or subjected to discrimination on the basis of race. color, national origin or sex under any program
or activity funded in whole or in part under Title I (Community Development) of the Act.
u) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352: 42 USC 2000 (d)) prohibiting discrimination on the
basis of race, color, religion or religious affiliation. or national origin in any program or activity receiving
federal financial assistance.
v) The Fair Housing Act (42 USC 3601-20), as amended, prohibiting housing discrimination on the basis of
race, color, rel igion. sex. national origin. handicap and familial status.
w) Executive Order 11246 ( 1965), as amended by Executive Orders 11375. prohibiting discrimination on the
basis of race. color. religion. sex or national origin in any phase of employment during the performance of
federal or federally-assisted contracts in excess of $2,000.
x) Executive Order 11063 (1962). as amended by Executive Order 12259, requiring equal opportunity in
housing by prohibiting discrimination on the basis of race . color, religion, sex or national origin in the sale or
rental of housing built with federal assistance .
y) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended. providing that no otherwise
qualified individual shall. solely by reason of a handicap , be excluded from parttdpatlon (Including
emplOyment), denied program benefits or subjected to discrimination under any program or activity receiving
federal funds .
z) Age Discrimination Act of 1975, (42 USC 6101). as amended, providing that no person shall be excluded
from participation. denied program benefits or subjected to discrimination on the basis of age under any
program or activity receiving federal funds.
aa) Exfilcutiva Order 12898. Federal Actions to Addrau Environmental Juatlc:e In Minority Populations
and Low-Income Populations . February 11 , 1994 providing that all persons :egardless of their status
(income). race . color. or national origin be afforded the opportunity to live in a qusUty environment.
22 . Monitoring, Evaluation and Inspection. The State wlll monitor and evaluate the Contract with the Contractor under
the HOME program for the eifecuve and efficient ublizatJon of HOME funds. The attached Elchibit D PIOjeCI
Performance Plan contains specific benchmari<s to be followed by the Contractor. The Contract will also be monitored
for compliance with the rules . regulations , requirements and guidelines. which the State has promulgated or may
promulgate. The Pro1ect will be monitored in accordance with Paragraph 12, Exhibit A Scope of Service to assure
compliance with the requirements ot the HOME program periodically during the operation of the project or upon its
completion and dunng the required penod of affordability. rental housing projects will be inspected on-site for property
standards rent structures. and income requirements:
a) at least every three years for proJects containing one to four units:
b ) at least every twa y ears for pro1ec:s conta1n1ng five to twenty-five units;
c ) at least once a y ear fo r p1.:i 1ects containing more than 26 units .
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The Contract will also be subject to monitoring and evaluation by the U.S . 091>artment of Housing and Urban
Development.
23. Severabllity. To the extent that this Contract may be exec uted and performance of the obligations of the parties may
be accomplished within the intent of the Contract. the te rn,• ~f this Contract are severable , and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as
waiver of any other term, nor a waiver of a subsequent breach of the same term .
24 . Binding on Succassors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be
binding upon the parties. or any subcontractors hereto, and their respective successors and assigns.
25 Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet. sell . transfer, assign
or otherwise dispose of this Contract or any portion thereof, or of its rights . title, interest or duties therein, wi1hout the
prior written consent of the other party. No subc ontract or transfer of Contract shall in any case release the Contractor
of liability under this Contract.
26 . Lobbying . The Contractor assures and certifies that:
a) no federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned , to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of a federal grant. the making of any federal loan, the
entering into of any cooperative agreement. and the extension, continuation. renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
b ) if any funds other than federal appropriated funds have been paid or will be paid to any p&ISOn for
influencing or attempting to influence an offer or employee of any agency , a Member of Congress . an offlcer
or employee of Congress. or an employee of a Member of Congress in connection with this federally funded
contract, grant. loan , or cooperative agreement. it shall complete and submit Standard Form-LLL.
"Disclosure Form to Report Lobbying". in accordance with its instructions.
c) it shall require that the language of this certiflcallon be induded in the award documents for all subawarda at
all tiers (including subcontracts. subgrants. and contracts under grants. loans, and cooperative agreements)
and that all sub recipients shall certify and disclose accordingly.
d) it understands that this certification is a material representation of fact upon 'tllhic:h reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into th is transaction imposed by Section 1352. nue 31 , U .S . Code . Any person who fails to Ille the
reQuired c ertification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000
for eacn sucn ia1iure .
27 . Applicant Statement of Assurances and Certifications. The Contractor has previously signed an "Applicant
Statement of Assuranc es and Cartlficauons· which 1s hereby inccrporallld and made a part of this contract by
reference .
28 . Survi val of Certai n Contract Terms . Notwith standing anything herein to the contrary. the parties understand and
asree that all :erms ano conditions cf m,s .:ontract and the eithi b1ts and attachments hereto wt11ch may require
connnued perlormance or compliance beyond the termination date of the contract sh all survive such ,'.erm ination date
and shall be enforceable by the State as p rov ided herein In the event of such failure to perform or comply by the
Contractor or its subcontractors.
29 . Order of Precedence. In the event of conflicts or incons1stencla betwe..i this contract and Its exhib its or
attachments. such conflicts o r 1n cons1stenc1 es shall be resolved by ref.ence ID the documents in the foUowlng order
of pnority:
A.
B.
C .
0
Colorado Special P rovisions. pages 14 to 15.
Contract. pages 1 to 3 .
The Sco~e of S.irvice. EAhtb1 t A .
The Pro1e c : Perlormanca Plan. Ext ub1 t 0 .
...
• •
SPECIAL PROVISIONS
(For u~e Onlv with Cnter-Governmental Contr:acu)
I. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid umil it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FL?ffi .-\V . .\JLABlLITY. CRS 24-30-202 (5.5)
Financial obligations of the S1ate of Colorado payable after the current fiscal year are contingent upon funds for
that pwpose being appropriated. budgeted. and otherwise made available.
3. L"IIDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold hamlless the State against any and all claims,
damages. liabiliry and ,ourt awards including costs, expenses, and attorney fees incurred as a result of :my act
or omission by the Contractor. or its employees, agents, subcontractors, or assignees pursuant to the terms of
!his contract.
:-lo term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of .my of
the immunities, nghts, benefits. protection. or other provisions for the parties, of the Colorado Governmental
hr.munity Act, CRS 24-10-101 "'seq. or the Federal Ton Claims Act, 28 U.S.C. 2671 er seq. as applic:ible, as
now or hereafter amended.
4. L""1>EPE:,.1DENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DL.'TIE~ HEREL.'NDER AS AS INDEP~DENT CONTl\.-1.CTOR A,'IID NOT AS A.'11
E.'\tPLOYEE . NEITHER THE CONTRACTOR NOR .-\.'IIY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN ,\GEST OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED E~IPLOYMENT TAXES AND INCOME TA.'( AND LOCAL HEAD TAX ON ANY MONIES PAJD BY THE STATE
PL"RSUANT TO THIS CONTR.\CT. CONTRACTOR ACK.'IIOWLEDGES TIIAT THE CONTRACTOR.• :J O ITS EMPLOYEES .-I.RE
!IIOT ENTITLED TO UNEMPLOYMENT INSL.'R.ANCE BENEFITS L'NWS THE COl'mtACTOR OR 'HIRD PARTY PROVIDES
St:CH COVERAGE AND n!AT THE STATE DOES SOT P.\Y FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
C0:-,1TRACTOR SHALL HA VE '.'10 AL 'THORJZ.\ TION. EXPRESS OR ~!PLIED, TO BIND THE STATE TO ANY AGREE.'\!~.
LL~BILITY, OR UND ERST ,\, DING EXCl:PT AS EXPRESSLY SET FORTH HEREIN. CONTIV.CTOR SHAU. PROVIDE AND
KEEP IN FORCE WORKERS' COM PENSA TIO:-! (.\,'11 0 PROVIDE PROOF OF St:CH lNSUlV,NCE WHE'l REQUESTED BY THE
STATE) A:,.10 UNEMPLOYME:,.IT COMPE:,.ISATtOS INSL~\,'IICE Cl! THE .V.lotiNTS REQUIRED BY LAW, AND SHALL BE
SOLELY RESPO'.'ISIDLE FOR fl II: .\L1S OF THE COSTRACTOR, ITS E~lPLOYEES AND AGENTS .
5. '.'i'O'.'i'-DISCRl)IL'I.-\TIO'.'i'.
The contractor agrees ro .:ompl ~ w11h 1he letter and tbe spint of :ill applic:ible stite ;md federal laws respecting
discnminanon and u nfair employmenr pracn.:es.
6. CHOICE OF LAW .
The laws of lhe 5rare of Co lo r:ido lnJ rules and regulations issued pursu:uu tbtreto shall be applied tn the
.merpret:ino n. execunon. Jnd enforcement 01 uus contracL .-\ny provision of dus contract. wbethcr or 001
mcorporatcd here:n by reri:ren,e. "h1ch pro, ides for arb1cra11on by my extr:i-Judicaal body or person or wlucb. is
o then,1sc tn c onl11 cr ,v1th s.uJ l.iws. rules. anJ regubnons sball be considered mill ;md void. Nothing conwned
many prov151on incorporated herein by reti:rence wlucb purports to neaatc this or my other special provision 111
whole o r in pan s hall be ,·.11,J or eniorceabk or .1v:11lable m .iny .u:non at law whether by way ot complaint.
defense. or othen\lse. .-\ny provmon rendered null lnd vo1J by the oper:inon of dus provmon -,,;n not
m,·ahdatc the rernamder o t' 1h1 s .:ontract to the extent th:it the contr:ict is c:apable of execunon .
. .\t all nmes dunng the perti>nn.lllcc o t' 1h1s ,onmct. the Contractor sball strictly IMlhere to Ill! :ipplic:iblc federal
ind state llws, rule s . .ioJ rc)lul.1t11rns that ha,·e b.:en or may hereafter be esl&blishcd.
7. DIPLOYEE Ft'.'i . .\'.'iCI..\L l'.'iTEREST. CRS ?4-ll-?OI & CRS ?4-51-!07
Th< ,1gn::u on<s a,er 1h.1t l\l their kno" l<Ji;<. no cmpl\lyee ot'tbt State ofColor:ido bas :uiy personal or
b<:1 dic1 a l inter<SI "h~1s,,c, er in 1he sen 1~: or prope~ des;n~ bcrem .
ReYiNd: ll/l/01
I-' of 15
t
• •
SPECIAL PROVISIONS
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
CONTRACTOR:
City of Englewood
Legal Name of Contncung Enoty
84-6000583
Social Sccunty Number or FEIN
Signa111re oi Aulhonzed Officer
Beverlv J, Bradshaw, ?tavor
Print Name & Tide oi Authonzcd O<litcr
CORPORATIONS:
(A corporate ~l or :inestation 1s requ ired .)
STATE OF COLORADO:
BILL OWENS, OOVERNOR
Bob Brooks, Executive Director
Department or Local Affain
PRE-APPROVED FORM CONTRACT REVIEWER:
Attest {Seal) BY__,,--~---=--,---=-....,,,,,.....,,,--__,.--
\Co,po,..ic Secrewy or Equ,v>Jent. or Town/CitytCountyC:alc)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS !4-30-202 requires that the State Comroller approve :ill state contracts. TIils contract ii not vaUd until
the State Controller. or such assistant :u he may delqate, bas si&Jled It. The contractor ii not autborlDd to
begin performance until the contr:ict is sicned :and dated below. rr performance be&tnt prior to the date
below , tbe State of Colorado may not be oblic:ited to p:ay for the pods and/ or services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By ______________ _
Rose :\11:arie Auten. Controller
Depanment or Local .Ufain
D:ite. ______________ _
IS of 15
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
City of Englewood-HOME 03-029
Single Family Rehabilitation
1 . PROJECT DESCRIPTION , OBJECTIVES, AND REQUIREMENTS
2.
A.
B.
Project Description . The C ity of Englewood has been awarded a grant to provide funding for
its single-family, owner-occupied rehabilitation program . These funds will assist low and
moderate-income homeowners with the rehabil itation of at least 13 homes in accordance with
the performance goals and timelines outlined in Exhibit D, Project Performance Plan.
Forms of Subsidy. HOME grant funds in the amount of $200 ,000 .00 have been awarded for
this project.
ADMINISTRATIVE REQUIREMENTS
A. Financial Management. The Contractor shall be responsible for the administration of the project in
accordance with the applicable financial management requirements , as described in paragraph 14
within the main body of this Contract. The Contractor may subcontract all or part of the
administration duties .
B. Affirmative Marketing Plan. This project requires an Affirmative Marketing Plan approved by the
Department of Local Affairs. Division of Housing, prior to the release of funds . This plan must be
written in accordance with Paragraph 10 of the main body of this Contract.
C. Program Income. Repayment, and Recaptures. AH revenues received by the Contractor or
designated sub-grantee which result directly from a HOME-assisted activity shall be considered
program income. Program income includes but is not limited to, principal and interest payments and
proceeds irom the sale of acquired assets . All program income shall be retained by the Contractor
or designated sub -grantee. and snail be used for HOME eligible activities .
A m in imum of ninety percent (90%) of the program income funds shall be expended on HOME-
eligible housing ass istance activities . The remaining ten percent (10%) may be applied toward
general administraiive program costs.
No more th an S5 .000 of program income may be retained before requesting additional grant funds .
D . Interest. The Con trac t shall ex pend the HOME funds with in fifteen (15) days of receipt and shall not
earn interest on the funds prior to expenditures .
E. Section 3 Requirements. This pro1 ect is subj ec t to Secti on 3 Req uirements which , to th e greatest
extent feasib le , provi des that opportu nities for train ing and employment that arise through HUD-
fi nan ced p roi ects w ill be given to lower-income persons in the project area . and that contracts be
awarded to bu sinesses located 1n the project area or to businesses owned in substantial part. by
residents of th e proj ect area . Repo rti ng requirements are set forth in Parag raph 12 with in the main
body of th is Contrac t.
F . Financi al Assistance Methods. The fi nancial assistance provided to individual families may take
th e fo rm of a loan , deferred loa n, or such other form as spec:fica!!y authori zed by !he S!!!te.
G. Program Polic ies. The Co ntractor sh all h ave 1n effect dunng th e operation of the ir Rehabilitation
Program , poli c ies and guid eline s . whi ch aohere to the Divis ion of Hou s1n1,·s Rehabilitation Polley
Guideli nes and de fi ne the cnte na and m anner by wh ich the program wll l be administered including,
program and income elig1b1ilty requirem ents .
PiJge 1 of 3 Pag es
I•
t
.,.
3. ELIGIBLE BENEFICIARIES
Eligible beneficiaries are defined as those persons who are members of families whose adjusted annual
income is equal to or less than eighty percent (80%) of Ar ea Median Income as set forth in Exhibit B, which
is attached hereto and is incorporated herein by reference .
4. INCOME ELIGIBILITY DETERMINATION. (ONE OF THE FOLLOWING MUST BE CHECKED)
The Contractor shall determine annual income of the Project beneficiaries using one of the following
methods:
"Annual income· as defined under the public housing and Section 8 programs in CFR Trtle 24, Part
5, Subpart F (except when determining the income of a homeowner for an owner-occupied
rehabilitation project, the value of the homeowner's principal residence may be exduded from the
calculation of Net Family Assets); or
• Adjusted gross income· as defined for purposes of reporting under Internal Revenue Service (IRS)
Form 1040 series for individual Federal annual income tax purposes.
5. AFFORDABILITY REQUIREMENTS
For the activities of rehabilitation and reconstruction of single-family. owner~ units there ant no long-
tenn affordability requirements . However, the estimated value of the property after rehabilltation must not
exceed one hundred percent (100%) of the Singie Family Mortgage Umlts under Section 203(b) of the
National Housing Act (12 U.S.C . 1709(b)) and the unit must be the principal residenCe of the owner at 1he
time the HOME funds are committed to the housing.
6. PROPERTY STANDARDS.
All construction and rehabilitation projects assisted with HOME funds must meet all applicable local codes,
ordinances, and zoning ordinances at the time of project completion. If no local codes haVe been adopted, at
a minimum, the project must meet the HUD Section 8 Housing Quality Standards for Existing Housing.
7. TIME OF PERFORMANCE
The Project shall commence uoon the full and proper execution of this Contract and the completion of the
appropriate environmental review , and shall be completed on or before Jq 30, 20Q4. However, the Project
time of performance may be extended by unilateral amendment. subject to mutual agreement of the State
and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at
least sixty (60) days prior to June 30. 2004. and shall include a full justification for the extension request.
Page 2 of 3 PIIQN
8. PROJECT BUDGET
Project Activities Total Costs HOME Funds Other Funds Other Funds Source
II City of Englewood -Rehabilitation $340 ,000 $200,000 $140,000 Program Income
General $10 ,000 510,000 City of Englewood -
Administration General Funds
u City of Englewood -Direct Administration $50 ,000 $50,000 General Funds
TOTAL $400,000 $200,000 $200,000
9. PAYMENT SCHEDULE
Paid upon receipt and approval of written request from the Contractor for funds to meet immediate cash
needs . All HOME funds must be disbursed to a payee , contractor, or sub-contractor within fifteen days of
receipt from the Division of Housing .
Payment should be remitted to the following address :
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-2373
10. REPORTING SCHEDULE
The Contractor shall provide the following reports to the Department of Local Affairs, Division of Housing:
A. Financial Reports . One ( 1) copy of the quarterly Financial Status Reports shall be submitted within
20 calendar day:; of t,>,c ond of the calendar quarter. These reports must be submitted on forms
provided by the Division of Housing. No requests for payments shall be processed if the Contractor
has not submitted these quarterly reports .
B. Performance Reports. One (1) copy of the quarterly Narrative Performance Report shall be
submitted within 20 calendar days of the end of the calendar quarter . These reports must be
suom iiteo on forms provided by the Division of Housing and no requests for payments shall be
processed 1f the C ontr actor has not subm itted these quarterly reports .
c . Project Completion Report . With in th irty (30 ) days after the completion of the Project, the
Con tractor shall submit one ( 1) copy th e Project Completion Report, two (2) copies of ,ne Final
Fin an ci al Status Report, an d two (2 ) copies of the Benefici ary Report on forms provided by the
Divis ion of Hou sing .
D . Project Photographs. At the time of Project Close Out the contractor shall send before and after
photogra phs of the project in either 35mm slide, pri nt negatives. or digital copies . If the format you
choos e is pri nt negatives . atso send pri nts of the pictures .
11 . CONTRACT MONITORING
The Department of Local Affairs . Div isio n of Housing, shall monitor this Contract in accordance with the
prov1s 1ons se t forth 1n Paragraph 22 w ith in the main body of th is Contract.
G IOOHCCr.rt-tOME·CCNTR.ACT\WAIVERISCOPE .HAS
Page 3 of 3 Pagn
EXHIBIT B
Exhibit a
FEBRUARY 2002
AREA MEDIAN INCOME LIMITS
~ ~ ~ ~ ~ ~ ~ ~liQH 1~ ~
ADAMS COUNTY Median Family Income 69,900
80% Limit 38100 43500 48950 54400 58750 63100 67450 71800
60%Limll 29340 33540 37740 41940 45300 48660 52020 55380
50% Limit 24450 27950 31450 34960 37750 40550 43350 46150
30% Limit 14700 16800 18850 20950 22650 24350 26000 27700
ALAMOSA COUNTY Median Family Income 36,800
&'l% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% LimH 16100 18400 20700 23000 24850 26700 28500 30350
30,-. Limil 9650 11050 12400 13800 14900 16000 17100 18200
ARCHULETA COUNTY Median Famlly lnmme 43,100
80% Limil 25750 29450 :illOO 36800 39750 42700 45650 48550
60% Limil 19320 22080 24840 27IIOO 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 16000 17100 18200
OACACOUNTY Median Family Income 32 ,500
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% Limit !l650 11050 12400 13800 14900 16000 17100 18200 •
DENT COUNTY Median Family lncoma 31,700
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27800 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26100 28500 30350
30% Limit 96!,(I 11050 12400 13800 14900 16000 17100 18200
BOULDER COUNTY Median Family Income 87,900 • 80% Limit 38100 43500 48950 64400 51750 63100 67450 71800
60% Limit 36540 41760 48980 52200 lll400 80640 64740 68880
50% Limit 30450 34800 391!50 43500 47000 50450 539!50 57400
30% Llmil 18250 20IIOO 23500 28100 28200 30300 32350 34450
.
~ J)'.PE OF fAMILY !.fiBliQti ~ ~ ~ ~ ~ 1f£8liQti ~
CIIAFFE COUNTY Median Family Income 40,800
80% Limil 25750 29450 33100 38800 39750 42700 45650 48550
60%Limlt 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% Limil 9650 11050 12400 13800 14900 16000 17100 18200
CHEYENNE COUNTY Median Famty Income 50,200
80% Limll 28100 32150 36150 40150 43350 46600 49800 53000
60% limit 21600 24120 27120 30120 32520 34920 37320 39780
50%llmil 17550 20100 22600 25100 27100 29100 31100 33150
30% limit 10550 12050 13550 15050 16250 17450 18650 19900
CLEAR CREEK COUNT' Median Family Income 61,300
80%llmil 34350 39250 44150 49050 52960 56900 60800 64750
60% llmil 25740 29400 33120 38780 39720 42660 45600 48540
50% linlil 21450 24500 27000 30850 33100 35560 38000 40450
30% limk 12850 14700 16550 18400 19850 21350 22800 24250
CONEJOS COUNTY Median Family Income 26,000
80% limil 25750 29450 33100 38800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% limil 16100 18400 20700 23000 24850 26700 28500 30350
30% limit 9650 11050 12400 13800 14900 16000 17100 18200
COSTILLA COUNTY Median Family Income 24 ,000
80% Limil 25750 29450 33100 38800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29ll20 32040 34200 36420
50% Limil 16100 18400 20700 23000 24850 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 18000 17100 18200
CROW LEY COUNTY Median Family Income 26,400
80% LlmM 25750 29450 33100 38800 39750 42700 45650 48550
GO% Limil 19320 22080 24140 27800 29820 32040 34200 36420
50% l1111il 16100 18400 20700 23000 24850 26700 28500 30350
30%Umil 9650 11050 12400 13800 14900 18000 17100 18200
cusrrn COUNTY Median Family Income 41 ,400
80%l mil 25750 29450 33100 311111D llllO 42700 45650 48550
&0%LIIIIII 19320 22080 24l40 21'IOO 2ll20 32040 34200 36420
SO'II. l im,I 16 100 18400 20700 23000 2416G 21700 28500 30350
:JO% l11lil 1165() 11050 12400 1311111 14900 16000 17100 18200
GQilllD'. Il'PE OF FAMILY ~ ~ m&!Oti ~ ~ l.fEruiQtt Iem§Qtt LPEfiliQH
DELTA COUNTY Median Family Income 36,200
80% Llmil 25750 29450 33100 36800 39750 42700 45650 48550
60%limil 19320 22080 24840 27600 29820 32040 34200 36420
50% Llmil 18100 18400 20700 23000 24850 26700 28500 30350
30% limil 9660 11050 12400 13800 14900 16000 17100 18200
DENVER COUNTY Median Family Income 69,900
80%llm il 38100 43500 48950 54400 58750 63100 67450 71800
60% limit 29340 33540 37740 41940 45300 48660 52020 55380
50% Limit 24450 27950 31450 34950 37750 40550 43350 46150
30% Llnlil 1471>0 18800 18850 20950 22650 24350 26000 27700 ~
DOLORES COUNTY Median Family Income 32,000
80% Llmil 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% Limil 16100 18400 20700 23000 24850 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 16000 17100 18200
DOUGLAS COUNTY Median Family Income
80% limil 69,900 38100 43500 48950 54400 58750 63100 67450 71800
60% limil 29340 33540 37740 41940 45300 48660 52020 55380
50% Limit 24450 27950 31450 34960 37750 40550 43350 46150
30'll. Limit 14700 16800 18850 20950 22650 24350 26000 27700
EAGLE COUNTY Median F amlly lllCXlffl8 74,900
80% limit 381CIO 43500 48950 54400 58750 63100 67450 71800
60% Limil 31440 36940 40400 44940 48540 52140 55740 59340
50% limit 26200 29950 33700 31450 40450 43450 46450 49450
30% Limit 15750 18000 20200 22450 24250 26050 27850 29650
ELBERT COUNTY Median Family Income 70,600
80% Limit 38100 43500 48950 54400 58750 63100 67450 71800
60% Limil 29640 33900 38100 42360 45720 49140 52500 55920
50% Llmil 24700 28250 31750 35300 38100 40850 43750 46600
.; 30% Limit 14850 16860 19050 21200 22850 24550 26250 27950 • EL PASO COUNTY Median Family Income 56,800
80% Limil 31800 38350 40800 45450 49050 52700 56350 60000
60% Limit 2311111 27240 30880 340IO 317IO 411140 42240 45000
50% Limil 19800 22700 2fil560 2MOO 30lliO 32lliO 3!i200 31500
30% Limil 11960 13850 15lli0 11050 18400 19750 21150 22500
.
CO!.iliI)'. IYPE OF FAMILY 1ffB§OO ~ ~ ~ ~ ~~ ~ ~ FREMONT COUNTY Mudilon Family Income 39,800
80%Umil 25750 29450 33100 36800 39750 42700 45650 48550 60% linlil 19320 22080 24840 27600 29820 32040 34200 36420 50% limit 1611)0 111400 20700 23000 24850 26700 26500 30350 30% Limit 9660 11050 12400 13800 14900 16000 17100 18200
GARFIELD COUNTY Median Family Income 52,900
80%Llmit 29600 33850 38100 42300 45700 49100 52500 55850 60% Limit 22200 25380 28560 31740 34260 36840 39360 41880 50% Limit 111500 21150 23800 28450 211550 30700 32800 34900 30% Limil 11100 12700 14300 15850 17150 18400 19700 20950
GILPIN COUNTY Median Family Income 81,700
80%Llmit 38100 43500 48950 54400 58750 63100 67450 71800 GO% Limil 34320 39240 44100 49020 52920 56880 60780 64680 50% Limit 28600 32700 36750 40850 44100 47400 50650 53900 30%Limit 17150 19600 22050 24500 26450 28450 30400 32350
GRAND COUNTY Median Family Income 54,300
80% Limit 30400 34750 39100 43450 48900 50400 53850 57350 60% Limil 22800 26040 29340 32580 35160 37800 40380 43020 50% Limit 19000 21700 24450 27150 29300 31500 33650 35850 30% Limit 11400 13050 14650 16300 17600 18900 20200 21500
'
GUNNISON COUNTY Median Family Income 48,400
80% Limit 27100 31000 34850 38700 41800 44900 48000 51100 G0%Llfflil 20340 23220 26160 29040 31380 33600 36000 38340 50% Limit 16950 19350 21800 24200 26150 28050 30000 31950 30'Ye Limll 10150 1160 13050 14500 15700 16860 18000 19150
HIN SDALE COUNTY Median Family Income 44,100
80% Limil 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% Limtl 9650 11050 12400 13800 14900 16000 17100 18200
HUERFANO COUNTY Median Family Income 30,800 •
80% Limit 25750 29450 33100 38800 38750 42700 45650 48550
60% Limll 19320 220m 24840 27800 29l20 32040 34200 36420
50%Llmll 16100 18400 20700 23000 24a50 26700 28500 30350
30% limit 9l60 11060 12400 13IOO 14800 16000 17100 18200
l42!J.till' ntt.QE.£Mill.)'. ~ ~ ~ ~ ~ ~ ~ ~ JACKSON COUNTY Median FamU; Income 30,600
80% Limll 25750 29450 33100 36800 39750 42700 45650 48550
60% limit 19320 22080 24840 27600 29820 32040 34200 36420
50% lknll 16100 18400 20700 23000 24850 26700 28500 30350
30%limit 9650 11050 12400 13800 14900 16000 17100 18200
JEFFERSON COUNTY Median Family Income 69,900
B0%lim~ 38100 43500 48950 54400 58750 63100 67450 71800
60% limit 29340 33540 37740 41940 45300 48660 52020 55380
50% limit 24450 27950 31450 34950 37750 40550 43350 46150
30% Limit 14700 16800 18850 20950 22650 24350 26000 27700
KIOWA COUNTY Modian Family Income 44,600
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% limit 19320 22080 24840 27600 29820 32040 34200 36420
50% limit 161IIO 18400 20700 23000 24850 26700 28500 30350
30% limit 9650 11050 12400 13800 14900 16000 17100 18200
KIT CARSON COUNTY Median Family Income 42,000
80% limit 25750 29450 33100 38800 39750 42700 45650 48550
60%llmit 19320 22080 24840 27600 29820 32040 34200 36420
50% lirnk 16100 18400 20700 23000 24850 26700 28500 30350
30% Llnlil 9650 11050 12400 13800 14900 16000 17100 18200
LAK E COUNTY Med ian Family Income 36,200
80%Limil 25750 29450 33100 36800 39750 42700 45650 48550
60%LimH 19320 22080 24840 27600 21182() 32040 34200 36420
50% limit 16100 18400 20700 23000 24850 26700 28500 30350
30% llmll 9650 11050 12400 13800 14900 16000 17100 • 18200
LA PLA TA C OUNTY Median Family Income 52,000
80% limit 29100 33300 37450 41600 44950 48250 51600 54900
60% lirnll 21840 24960 2IOIO 31200 33720 38180 38700 41160
50% limll 18200 20800 23400 26000 28100 30150 32250 34300
30% limit 10900 12500 140li0 15600 16850 18100 19360 20600
LARIMER COUNTY Median Family Income 60,800 •
IIO'K. Limit 34050 38900 43800 48850 52550 56400 60300 64200
60% l imit 255tiO 29180 32l20 ll480 39420 42300 45240 48180
50% LlmM 21300 24300 27360 30400 32850 35250 37700 40150
30% Lim il 12 750 14800 18400 182li0 19700 21150 22600 24100
CO\llil)'. !)'.Pt; Qf EMILY ~ ~ lfi~ ~ mmiQH ~ ~ ~
LAS ANIMAS COUNTY ~ Family Income 32,000
80'I<. llmll 25760 29460 33100 38800 39760 42700 45650 48550
60% llmll 19320 22080 24840 27600 29820 32040 34200 36420
50% Limll 16100 18400 20700 23000 24850 26700 211500 30350
30% limit 9650 11050 12400 13800 14900 16000 17100 18200
LINCOLN COUNTY Median Family Income 45,100
80% limit 15760 29450 33100 38800 39750 42700 45650 48550
60%limil 19320 22080 24840 27600 29820 32040 -34200 36420
50%limil 16100 18400 20700 23000 24860 26700 28500 30350
30% limit 9660 11050 12400 13800 14900 16000 17100 18200
LOGAN COUNTY Median FamMy Income 41,400
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
1 60% Limit 19320 22080 24840 27600 29820 32040 . 34200 36420
50% Limit 16100 18400 20700 23000 24860 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 16000 17100 18200
MESA COUNTY Median Family Income 42,700
80% Limil 25750 29450 33100 38800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24860 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 16000 17100 18200
MIN ERAL COUNTY Median FamHy Income 32,700
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% Limit 9650 11050 12400 13800 14900 16000 17100 18200
MOFFAT COUNTY Median Family Income 47 ,300
80% Limit 28500 30250 34050 37850 40850 43900 46900 49950
60% Limit 19860 22IIO 25680 213111 30660 32940 35220 37440
50%limit 16660 18800 21300 23860 25550 27460 29350 31200
30% Limit 9950 11360 12750 14200 15350 18450 17600 18750
t
-MONTEZUMA COUNTY Median F11mPy Income 37,200
80% Limit 25750 29450 33100 3681.,0 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 32040 34200 36420
50% limit 16100 18400 20100 23000 24860 28700 2l500 30350
30% LNnil 96611 11050 12400 13800 1~ 160IIO 17100 18200
.
COUtf!Y nll...Qff.Nd!L'I' ~ 2..f£8~ ~ ~ ~ ~ ~ ~ MONTROSE COUNTY Median Family Income 40,100
80% Lknil 257f.O 29450 33100 36800 39750 42700 45650 48550
60% llmil 193..?() 22080 241140 27600 29820 32040 34200 36420
50% limit 16100 18400 20700 23000 24850 26700 28500 30350
30% llmil 9650 11050 12400 13800 14900 16000 17100 18200
MORGAN COUNTY Median Family Income 46,900
80% l imll 26250 30000 33750 37500 40500 43500 46 500 49550 60% limit 19680 22500 25320 28140 30420 32640 34920 37140 50,-. Limit 16400 18750 21100 23450 25350 27200 29100 30960 30%Limlt 9850 11250 12650 14050 15200 18300 17450 18550
OTERO COUNTY Median Family Income 36,700
80%llmit 25750 29450 33100 36800 39750 42700 45650 48550 60% limit 19320 22080 24840 27600 29820 32040 34200 36420 50%Umk 1611)0 18400 20700 23000 24860 26700 28500 30350 30% limlt 96f.O 11050 12400 13800 14900 18000 17100 18200
OURAY COUNTY Median Family Income 49,400
80% limk 276f.0 31600 35550 39500 42700 45850 49000 52150 60% Llmil 20760 23700 26700 29640 32040 34380 36780 39120 50% Limit 17300 19750 22250 24700 26700 28650 30650 32600 30% Limit 10300 11850 13350 14800 16000 17200 18400 19550
PARK CO UNTY Median Family Income 53,300
80% Limit 29650 34100 38400 42650 46050 49450 52850 56300
60% limit 22380 25560 28800 31980 34560 37080 39660 42240
50% Limlt 16650 21300 :.14000 26650 28800 30900 33050 35200
30,-. Limit 11200 12800 14400 16000 17250 18550 19850 21100
P ltl LLI PS COUNTY Modian Family Income 39 ,600
80% Limit 25750 29450 33100 38800 38750 42700 45650 48550
60% Limit 19320 22080 24840 27800 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30% limit !16!,() 11050 12400 13800 14900 16000 17100 18200
PITKIN COUNTY Median Family Income 90,800
80% llmil 38100 43500 48950 54400 58750 63100 87450 71800
60% limit 36900 42120 47400 52880 5IIIIO 610IIU 65340 69540
50% limit ~711() 35100 38500 43800 47400 50800 54450 57950
30% limit 18450 21050 23700 2'360 2Mll0 30660 32660 34750
(:CIU!:ff'( filf;._QE.f.M!lL.'J'. 1-Cffl~ 2.f£BOOH ~ ~ ~ iffil!liQH ~ ~I':!
PROWERS COUNTY Mtt.lian F amMy Income 35,800
80% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60% LimM 19320 22080 24840 27600 29820 321MO 34200 36420
50%limil 16100 18400 20700 23000 24850 26700 28500 30350
30% ~imlt 9660 11050 12400 13800 14900 16000 17100 18200
PUEBLO COUNTY Median Family Income 39,400
80% limit 25750 29450 33100 36800 39750 42700 45650 48550
60% Limit 19320 22080 24840 27600 29820 321MO 34200 36420
50%limil 16100 18400 20700 23000 24850 26700 28500 30350
30% Limil 9650 11050 12400 13800 14900 16000 17100 18200
RIO BLANCO COUNTY Median Family Income 45,100
80% llmll 25750 29450 33100 36800 39750 42700 45650 48550
60% limil 19320 22080 24840 27800 29820 32040 34200 36420
50% limil 16100 18400 20700 23000 24850 26700 28500 30350
30% Limil 9650 11060 12400 13800 14900 16000 17100 18200
RIO GRANDE COUNTY Median Family Income 31,900
80% Limil 25750 29450 33100 36800 39750 42700 45650 48550
60%Lmil 19320 22080 24840 27600 29820 32040 34200 36420
50% Limit 16100 18400 20700 23000 24850 26700 28500 30350
30 % Limk 9650 11050 12400 13800 14900 16000 17100 18200
ROUTT COUNTY Median Family Income 61,500
80% l imil 34'450 39350 '4000 '49200 53150 57050 61000 6'4950
60% l imit 25860 29520 332'40 36900 39840 42780 45780 48720
50% l imit 2 15b0 24600 27700 30750 33200 35650 38150 '40600
30% limil 12900 1'4750 16600 1M50 19950 21'400 22900 2050 "
SAGUACHE C O UNTY Median Family Income 23,500
80% limit 25750 29450 33100 36800 39750 '42700 '45650 '48550
60% limil 19320 22080 24840 27600 29820 32040 34200 36420
50% limil 16100 18400 20700 23000 24850 26700 28500 30350
30% limll 9650 11060 12'400 13800 14900 16000 17100 18200
SAN JUAN COUNTY Median Family Income 39,500 •
80% l imit 257fl0 211450 33100 38IOO 39750 42700 45660 '48550
60% limil 111320 22080 2...W 27600 2INl20 32040 34200 36420
50% limil 16100 18400 20700 23000 24860 26700 28500 30350
30% Lim il 9650 11050 12400 13800 14800 16000 17100 18200
\,
•
'
C:OtJfffY IYPE OF EI\Mll..Y 1P.~ ~ ~ ~ ~ ~ ~ ~
SAN MIGUEL COUNTY Median Family Income 63,300
80%limit 38300 43800 49250 54700 59100 63450 67850 72250
60%lunil 28740 32620 36960 41040 44340 47580 50880 54180
50% limil 239b0 27350 30800 34200 36!150 39ti50 42400 45150
30% limil 14350 16400 111450 20500 22150 23800 25450 27100
SEDWICK COUNTY Median Family Income 39,100
80% limit 25750 29450 33100 36800 39750 42700 45650 48550
60% limil 19320 22080 24840 27600 29820 32040 34200 36420
50% limit 16100 111400 20700 23000 24850 26700 28500 30350
30% limil 9650 11050 12400 13800 14900 16000 17100 18200
SUMMIT COUNTY Median Family Income 72 ,700
80% limil 38100 43500 48950 54400 58750 63100 67450 71800
60% limit 30540 34920 39240 43620 47100 50580 54060 57600
50% limit 25450 29100 32700 36350 39250 42150 45050 -48000
30% Limit 15250 17-450 19650 21800 23550 25300 27050 28800
TEL LE R COUNTY Medi a n Family lncoma 66,900
80% limit 37450 -42800 48150 53500 57800 62100 66350 70650
60% Limit 28080 32100 36120 40140 43380 46560 49800 52980
50% limil 23400 26750 30100 33450 36150 38800 41500 44150
30% lln111 140b0 16050 18050 20050 21700 23300 24900 26500
WAS ! II NG TON COUNT' Me dian Family Income 36,500
80% limit 25750 29450 33100 36800 39750 -42700 -45650 -48550
60% limil 19320 22080 24840 27600 29820 32040 34200 364 20
50% limit 16100 111400 20700 23000 24850 26700 28500 30350
30% limit 9650 11050 12400 13800 14900 16000 17100 18200
WELOCOUNTY Median Family Income 47,900
80% llmil 26800 30650 34500 38300 41400 44450 47500 50600
60% Limit 20100 22980 25860 28740 31020 33360 35640 37920
50% Limil 16750 19150 21550 23950 25850 27800 29700 31600
30% limil 10505 11500 12950 14350 15500 16650 17800 18950 • YUMA CO UNTY Median Family Income 40,800
IIO% Limit 25750 29450 33100 36800 39750 42700 45650 48550
60%LN nit 19320 22080 24840 27600 29820 32040 34200 364 20
50 '!<.luoll 16 100 11MOO 20700 23000 24850 26100 28500 30350
30"'-I Ntlll 9&0 11050 12400 13800 14900 16000 17100 18200
EXHIBIT C
EXHIBIT C1
Contract Rouma #
Encumbrance #
Ill Vendor#
(for Remit Address)
APPR. GBL.
CFOA#14239
UNILATERAL
Amendment # __ of {Type of Contract Grant/Loan/Grant-Loan)
Between Colorado Department of Local Affairs and {Grantee Name and Address)
State Executed Contract Modifications
A. Modifications to Contract Boilerplate
Responsible Administrator. (Delete the old Administrator's name and substitute the new
Administrator).
a. Modifications to Exhibit A. Scope of Service.
Time of Performance "Time of Performance", is modified by deleting • Date • and
inserting in lieu thereof • Date •.
Remit Address: "Payment Schedule" (Delete the current Remit Address and substitute
new address.)
C. Modification to Exhibit __, Loan Amortization Schedule: (Delete the previous Amortization
Schedule and substitute in its place the revised schedule.)
All of the terms and conditions of the Original Contract remain unchanaed except tor those termS
and conditions modified by this Amendment # __ and all previous amendments . Both parties
_ also .:xpressly understand that this Amendment # __ is incorporated into the Orisinal Contract.
I
Reviewed By: Department of Local Affairs
(Pre-approved Form Contract Reviewer) Bob Brooks, Executive Director
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state comracts . This contract la not valid until the
State Controller, or such assistant as he may delegate, has signed il The contractor is not authorized to begin
perfomiance until the contract is signed and dated below . If perfonnance begins prior to the date below, the State
of Colorado may not be obligated to pay for the goods and/or servtces provided.
ST ATE CONTROLLER:
Arthur L Barnhart
By __ ~=---=-=--~,...,.-.,,....._.,.... __
Roae Marte Auten, Controller
Department of Local Affairs
Date--...,...------------~
EXH1BITC2
Contract Routine #
Encumbrance #
Vendor#
rtor Remit Addressl
APPR . GBL.
CFDA# 14.239
BILATERAL
Amendment # __ of {Jype of Contract Grant/Loan/Grant-Loan}
Between Coiorado Department of Local Affairs and (Grantee Name and Address}
State and Contractor Executed Modifications
A. Modifications to Contract Boflerplate .
Compensation and Method of Payment:
"Compensation and Method of Payment" in the Original Contrad is modified by deleting
• Amount " and inserting in lieu thereof " Amount "
B. Modifications to Exhibit A. Scope of Service.
Project Description, Objectives and Requirements:
Project Description, Objectives, and Requirements, " ia modified aa follows: Include
existing language "is revised to read" and the revised language.
Budget:
"Budget,· is modified as follows: [Retype complete revised budget)
All of the terms and conditions of the Original Contract remain unchanged except for those
terms an d conditions modified by this Amendment# __ and all previous amendments . Both
parties also expressly understand that th is Amendment # __ is incorporated in1D the Original
Contract.
CONTRACTOR:
THE PARTIES HERETO HAVE EXECUTED THI§ CONTRACT
STATE OF COLORADO:
Le9a1 Name of Coniracling Entity
Social Seamly Number or FEIN
Pnnt Name & T1tle of Au1llanzllcl Olbr
CORPORATIONS:
(A~ INI or allallalon la ,wquired.)
BILL OWENS, GOVERNOR
By._,,,_.,.._..,,,..._-,--=-----,--
Bob Brooks, Executive Director
Depar1ment of Local Affairs
PRI-APPROV&D l"OIUI CONTRACT REVl!WD:
By_.,..__~-.,..,.~------Department of Local Affairs
Attest (Seal) By
(::::Ca,pcna==-:s.cn=-=~,-:::or:-::~==::-'.:or:-;~~~==·==·-::Clark=~,-
ALL CONTRACTS MUST BE APPROVED ay THE UATE CONTROLLER
CRS 24-30-202 requlrn that the Stata Controller approve all stale c:ontraca. Thia contract 19 not va11c1 unlll
the State Controller, or auch auiatant u he may delegate, hu signed IL The oontrw:IIDr la not IUthorlnd
to be;in performance until the contract la 9i9ned and dated below. • perfonnance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods MCllor WVlcN pravtdecl.
STATE CONTROLLER:
Arthur L !lamhart
Date ______________ __
EXHIBIT D
EXHIBIT D-PROJECT PERFORMANCE PLAN
PROJECT #03-029
Name of Project: City of Englewood -Single.family Owner-Occupied Rehabilitation Program
Monitoring Recommendation: Periodic -Grantee has administered a successful program for over 20 years
DOH Staff: Developer (Devo) -Lynn Shine, Aa11et Manager (All) -Anne llcCready
Performance Goal• & Tlmellnes Project Management and Regulatory State Response & Tlmelinea
Capacity
Grantee will complete an average of Grantee has agreed to this goal of 13 All will review quarterly reports to
four rehabilitation loans per quarter for rehab loans and haa experience ensure timely expenditure of DOH
a total of 13 loans by the contract end completing rehabilitation jobs. funds.
dale, 6/30/04.
Grantee will complete Exhlbll lV-M on Grantee has experience complete All wll provide uslstanc:e as
each home in order to confirm environmental clearances on homes nec:euary.
environmental clearance has been undergoing rehab. I
completed.
With each draw request, grantee will Grantee has experience documenting All will review documentation and
submit documentation confirming the loans. submit draw reqllfft to accounting
name and address of the homeowner for payment.
and Iha detail• of lhe loan.
Granl3e will aubmil completed copies Grantee hu experience completing All will review the forms, contact the
of HOME Project Set Up Report and HOIIE forms. grantee If nec:euary, and submit the
Projet,t Close Oul Report fonna for forms to administrative staff for Input
each home receiving DOH funds. Into the IDl8 ayslam.
Grantee will complete all quarterly Grantee does not have recent All wil provide lechnlc:al ualstance
report .. .ind the DOH Project experience aubmllting quarterly on the completion of the required
Completion Report as outlined in reports. reports.
Exhibit A -Scope of Service•
COUNCIL COMMUNICATION
Date Agenda Item Subject
Ordinance adopting amendments to
January 21, 2003 10 a ii the City of Englewood Police Officers
Pension Plan Document (the Plan)
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council passed Ordinance 47, Series of 1999, adopting an amended City of Englewood Police
Officers Pension Plan document
RECOMMENDED ACTION
Staff recommends the City Council approve the attached bill for an ordinance.
BACKGROUND, ANALYSIS, AND AllHNATIVES IDENTIFIED
This ordinance does not substantially change the current level of pension benefits for the Police Officers
Pension Plan participants. The Police Officers Pension Board (Board) approved an amendment to
recommend an ordinance permitting Deferred Retirement Option Plan (DROP) participants to self direct
the investment of DROP funds . The Board requests City Council approve an ordinance supporting their
decision . The Plan membership eligible to vote has approved the amendment unanimously.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Propo sed ordinance.
OFFICIAL TALLY
of the
Ballo t for Approval Amending the Plan Document to permit the investment
self-direction of the Deferred Retirement Option Plan (DROP)
For the
POLICE OFFICERS PENSION PLAN (OLD HIRE)
November 20, 2002 -December 10, 2002
ELECTION BALLOT -RECORD OF VOTES
Approved the Amending the Plan Document to permit
self-direction of investments in DROP.
Not Approved the Amending the Plan Document to
permit self-direction of investments in DROP.
Ballots not received
Counters:
Carol W escoat, Recording Secretary
CERTIFICATION OF VOTE RESULTS :
Number of Votes
6
0
0
I, Mary White. certify the election results as detailed above to be full, true and correct,
and that the Amendment to the Plan Document has been approved by the Police Officers
Pension Plan active membership .
Dated this 10th day of December. 2002 .
ORDINANCE NO .
SERIES OF 2003
BY AUTHORITY
A BILL FOR
INTRODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF
ENGLEWOOD POLICE PENSION PLAN TO ALLOW SELF-DIRECTED
INVESTMENT OF DEFERRED RETIREMENT OPTION (DROP) FUNDS.
WHEREAS, City Council adopted an amended City of Englewood Police Officers
Pension Plan Document (the "Plan"); and
WHEREAS, the Englewood Police Officers Pension Board (Board) recommends
approval of an amendment to the Plan permitting Deferred Retirement Option Plan (DROP)
participants to self direct the investment of DROP funds; and
WHEREAS, the Plan membership eligible to vote has approved the amendment
unanimously.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. City Council hereby approves Amendment Number Four to the City
of Englewood Police Pension Plan permitting the Deferred Retirement Option Plan
( DROP) participants to self direct the investment of DROP funds.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest this
ordinance .
Introduced, read in full, and passed on first reading on the 21 • day of January, 2003.
Published as a Bill for an Ordinance on the 241h day of January, 2003.
Attest:
Beverly J. Bradshaw, Mayor
Loucri shia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby
certify that the above is a true copy of a Bill for an Ordinance, introduced, read in full,
and pass ed on first reading on the ~I" day of January, 2003 .
Loucrishia A. Ellis
AMENDMENT NO. FOUR
TO THE CITY OF ENGLEWOOD
POLICE OFFICERS PENSION PLAN
(AS AMENDED AND RESTATED
EFFECTIVE JANUARY l, 1999)
Pursuant to the authority of the City of Englewood and the provisions of Article
Xlll, Section 1 of the City of Englewood Police Officers Pension Plan (As Amended and
Restated Effective January 1, 1999) (the "Plan"), the Plan is hereby amended, effective January 1,
2003, except as otheiwise noted, as follows :
1. Article V, Section 9, is amended, effective January l, 2003, by deleting present
subsection (j) (Administration of DROP Assets) and replacing that section with a new subsection
(j), to read as follows:
(j) Self-Direction ofDROP Assets and Contributions.
(1) The DROP assets shall be held in trust for investment purposes as part of
the fire and police members' self-directed investments fund, subject to such rules
as may be adopted for the administration of the Trust. The FPPA Board shall be
authorized to charge each account a reasonable fee for administration of the
DROP.
(2) A DROP account shall be established for each participating DROP
member. Such DROP account shall be adjusted, no less frequently than
annually, for contributions, distributions and net investment earnings and losses.
IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising Amendment No. Four to the City of Englewood Police Pension Plan (As
Amended and Restated Effective January 1, 1999), the Employer has caused its seal to be atTIXed
hereto and these presents to be duly executed in its name and behalf by its proper officers
thereunto authorized this ___ day of , 2003 .
COUNCIL COMMUNICATION
Date Agenda Item Subject
Ordinance adopting amendments to
January 21 , 2003 10 a iii the City of Englewood Firefighters
Pension Plan Document (the Plan)
Initiated By Staff Source
City of Englew ood, Finance and Administra:ive Frank Gryglewicz, Director
Services Deoartment
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
The City Council passed Ordinance 47, Series of 1999, adopting an amended City of Englewood Police
Officers Pension Plan document.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached bill for an ordinance.
BACKGROUND, ANALYSIS, AND ALHRNATIVES IDENTIREO
This ordinance does not substantially change the current level of pension benefits for the Police Officers
Pension Plan participants. The Firefighters Pension Board (Board) approved an amendment to recommend
an ordinance permitting Deferred Retirement Option Plan (DROP) participants to self direct the investment
of DROP funds . The Board requests City Council approve an ordinance supporting their decision. The
Pl an membership eligible to vote has approved the amendment unanimously.
FINANCIAL IMPACT
one.
LI ST OF ATTACHMENTS
Pr o posed ordinan ce.
OFFICIAL TALLY
of the
Ballot for Approval Amending the Plan Document to pennit the investment
self-direction of the Deferred Retirement Option Plan (DROP)
For the
FIREFIGHTERS PENSION PLAN (OLD WRE)
November 20, 2002 -December 4, 2002
ELECTION BALLOT -RECORD OF VOTES
Approved the Amending the Plan Document to permit
self-direction of investments in DROP.
Not Approved the Amending the Plan Document to
permit self-direction of investments in DR.OP.
Ballots not received
Counters :
CERTIFICATION OF VOTE RESULTS:
Number of Votes
7
0
0
I, Loucrishia Ellis, certify the election results as detailed-above to be full, true and correct,
and that the Amendment to the Plan Document has been approved by the Firefighters
Pension Plan active membership .
D,<ed tl,;, ;th d,y ofD<comb<,, 2002. ~ ~ cf. ~.
~a Ellis, City Clerk
Sea l
Ek ,uon rcsullJ , \mrnd xloUm.'<:t<J DROP ooc
ORDINANCE NO.
SERIES OF 2003
BY AUTHORITY
A BILL FOR
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF
ENGLEWOOD FIREFIGHTERS PENSION PLAN TO ALLOW SELF-DIRECTED
INVESTMENT OF DEFERRED RETIREMENT OPTION (DROP) FUNDS.
WHEREAS, City Council adopted an amended City of Englewood Firefighters Pension
Plan Document; and
WHEREAS, the Englewood Firefighters Pension Board (Board) recommends approval of
an ordinance permitting Deferred Retirement Option Plan (DROP) participants to self direct their
investment of DROP funds ; and
WHEREAS, the Firefighters Plan membership eligible to vote has approved the
amendment proposed; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section I. City Council hereby approves Amendment Number Four to the City o{
Englewood Firefighten Pension Plan permitting the Deferred Retirement Option Plan (DROP)
participants to self direct the investment of DROP funds.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest this
ordinance .
Attest:
Introduced, read in full, and passed on first reading on the 21•day of January, 2003 .
Published as a Bill for an Ordinance on the 24111 day of January, 2003.
Beverly J. Bradshaw, Mayor
Loucrishia A. Ellis, City Cleric
I. Loucrishia A. Ellis, City Cleric for the City of Englewood, Colorado, hereby certify that
the above is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on tint
reading on the 2 1" day of January, 2003 .
Loucrishia A. Ellis
AMENDMENT NO . FOUR
TO THE CITY OF ENGLEWOOD
FIREFIGHTERS PENSION PLAN
(AS AMENDED AND REST A TED
EFFECTIVE JANUARY 1, 1999)
Pursuant to the authority of the City of Englewood and the provisions of Article XIII, Section I of
the City of Englewood Firefighters Pension Plan (As Amended and Restated Effective January I, 1999)
(the "Plan"), the Plan is hereby amended, effective January 1, 2003, except as otherwise noted, as
follows:
I. Article V, Section 9, is amended, effective January I, 2003, by deleting present
subsection (j) (Administration of DROP Assets) and replacing that section with a new subsection (j), to
read as follows :
(i) Self-Direction ofDROP Assets and Contributions.
(I) The DROP assets shall be held in trust for investment purposes as part of the fire
and police members' self-directed investments fund, subject to such rules as may
be adopted for the administration of the Trust. The FPPA Board shall be
authorized to charge each account a reasonable fee for administration of the
DROP.
(2) A DROP account shall be established for each participating DROP member.
Such DROP account shall be adjusted, no less frequently than annually, for
contributions, distributions and net investment earnings and losses.
IN WITNESS WHEREOF, and as conclusive evidence of the adoption ofthe foregoing
instrument comprising Amendment No. Four to the city of Englewood Firefighters Pension Plan
(As Amended and Restated Effective January 1, 1999), the Employer has caused its seal' to be
affixed her<-and these presents to be duly executed in its name and behalf by its proper officers
th ere unto authonzed thi s ___ day of , 2003 .
... ANC8-N6._
SERIES OF 2003
BY AUTHORITY
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE,
COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF
CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE.
WHEREAS, the City of Englewood has agreements with other governmental entities for
the servicing of the vehicles of those entities since 1992 ; and
WHEREAS, the City of Englewood and the City of Cherry Hills Village desire to enter into
an agreement whereby Englewood provides Cherry Hills Village with vehicle maintenance.
NOW, THEREFOR.[, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The intergovernmental agreement between the City of Cherry Hills Village,
Colorado, and the City of Englewood, Colorado, for vehicle maintenance, attached as "Exhibit A",
is hereby accepted and approved by the Englewood City council.
Section 2. The Mayor is authorized to execute and the City Clerlt to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 6* day of January, 2003.
Published as a Bill for an Ordinance on the 10111 day of January, 2003.
Read by title and passed on final reading on th~ 21" day of January, 2003 .
Published by title as Ordinance No. __ , Series of 2003, on the 24th day of January, 2003.
ATTEST : Beverly J. Bradshaw, Mayor
Loucrishia A. Ellis, City Clerk
r, 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 readin1 and published by
title as Ordinance No . __ , Series of 2003.
Loucrislua A. Ellis
CONTRACT
THIS AGREEMENT. entered into thisl 2th day otDecember, 2002 by and between the City of
Englewood. whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and the City of
Cherry Hills Village, whose address is 2450 E. Quincy Ave, Cherry Hills Village , CO 80110.
TER.J\.1S OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of Cherry
Hills Village that:
I. The City of Englewood, Colorado shall perform the following services:
The City of Englewood shall perform all necessary repairs and maintenance on the
vehicles owned by the City of Cherry Hills Village to the satisfaction of the City of
Cherry Hills, and the City or Cherry Hills shall pay to the City of Englewood for such
services the sum of forty-nine dollars and thirty-two cents ($49.32) per hour, in addition
to the cost to the City of Englewood of any parts or outside vendor charges plus twenty
percent (20%) handling fee .
2. The City of Englewood will proceed with the performance of the services called for in
Paragraph No. I on January l, 2003 and the Contract shall terminate on December 31. 2004.
Three additional one (I) year periods may be negotiated by the City Manager or his designee .
3. Some maintenance of the City of Cherry Hills Village's vehicles shall be performed by the
City of Englewood according to a schedule to be made by the City of Cherry Hills Villqe and
approved by the City of Englewood as part of this agreement, and shall include wort
requested by Cherry Hills Village or work identified by Englewood during inspection of the
vehicle.
4. The City of Englewood shall repair any vehicles of th,~ City of Cherry Hills Villaae delivered
to the City of Englewood for that purpose in a good. workmanlike manner.
5. The City of Englewood and the City of Cherry Hills Village agree not to: refuse to hire,
discharge, promote. demote or discriminatc in any matter of compensation; performance,
services or otherwise, against any person otherwise qualified solely because of race, creed,
sex . color. national origin or ancestry .
6 . This Contract may not be modified, amended or otherwise altered unless mutually agreed
upon in writing by the panies.
7 . The City of Englewood by and through its employees and agents shall be considered for all
purposes of the Contract. to be independent contr:1ctors and not employees of the City of
Cherry Hills Village.
8 . The City of Cherry Hills Village by and through its employees and a,ents shall be considered
for all purposes .if the C.:,ntr:ict, to be independent contractors and not employees of the City
oi Engkwoo<l
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9. The City of Englewood shall not assign or transfer its interest in the Contract without the
written consent of the City of Cherry Hills Village . Any unauthorized assignment or transfer
shall render the Contract null, void and of no effect as to the City of Cherry Hills Village.
IO . The City of Cherry Hills Village shall not assign or transfer its interest in the Contract without
the written consent of the City of Englewood. Any unauthorized assignment or transfer shall
render the Contract null, void and of no effect as to the City of Englewood.
11 . The City o f Englewood shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of the repairs under the Contract. The City shall,
without additional compensation. correct or revise any errors, omissions, or other deficiencies
in its services related to the Contract
12. Either pany of the Contract may terminate the Contract by giving to the other pany 30 days
notice in writing with or without good cause shown. Upon delivery of such notice by the City
of Cherry Hills Village to the City of Englewood and upon expiration of the 30 day period,
the City of Englewood s hall discontinue all services in connection with the performance of
the Contract. As soon as practicable after receipt of notice of tenninalion, the C ity of
Englewood shall submit a stuement, showing in delail the services performed under the
Contract to the Jate of termination . The City of Cherry Hills Village shall then pay the City
of En g lewood promptly that proponion o f the prescribed charges which the services actually
performed under the Contract bear 10 the total services called for under the Contract, less such
payments on account of the charges as have been previously made.
13. All notices and communications under the Contract 10 be mailed or delivered to the City of
Englewood shall be to the following addreu :
Director o f Public Works
City of Englewood
1000 Englewood 1'3rlcway
En !l lewood, Colorado 80110
All notices and communications penaining 10 the Conlract shall be mailed or delivered to the
C ity of Cherry Hills V illage at the following address:
Ci ty of C herry Hills V illage
2-1 50 E. Q uincy Av e.
Cherry H ill s Vi ll age, Colorado 8110
1-1 . The terms and condiuons of the Cont ract shall be bindi ng upon each C ity, 1ts successors and
assigns .
15 . Nothing herein hall b.: construed as creating any personal liabi li ty on the pvt of any officer
or agent of any public body "'h1d 1 may be pany hereto, nor hall it be COOllrllcd as living any
rig hts or bcnerits here under to m yonc other than the C ity of Cherry Hills Villa,e 1111d the C ity
of Englc"'oud.
1:-1 WIT'.'IESS WHEREOF. the p~111es hcrct<> ha,c e~ccutctl this Contr:1e t the day ;ind ye¥ first 111ri11en
above .
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ATIEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, Ciiy Cleric Beverly J. Bradshaw, Mayor
ATIEST:
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER GARRE'IT
AN ORDINANCE APPROVING THE CONTRACT BE1WEEN THE CITY OF ENGLEWOOD,
COLORADO, AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLEWOOD
LIONS CLUB MINIATURE TRAIN .
WHEREAS, the Englewood Lions Club approached the City reguding conttacting with the City for
maintenance of their miniature train, which is operated and housed at Belleview Parle; and
WHEREAS, the City of Englewood and the Englewood Lion's Club desire to enter into an agreement
whereby Englewood shall provide the Englewood Lions Club with maintenance of the Englewood Lions
Club Miniature Train;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~. The Contract between the City of Englewood, Colorado and the Englewood Lions Club
pertaining to the maintenance of the Englewood Lions Club Miniature Train, attached as "Exhibit A", is
hereby accepted and approved by the Englewood City Council.
~-The City Manager is authorized to execute and the City Clcrt to ancst and acal the Contnct
for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on fust reading on the 6• day of January, 2003.
Published as a Bill for an Ordinance on the to"' day of January, 2003.
Read by title and passed on final reading on the 21 • day of January, 2003 .
Published by title as Ordinance No . __ , Series of 2003, on the 24• day of January, 2003 .
ATTEST :
Beverly J. Bradshaw, Mayor
Loucrishia A. Ellis. City Clerk
I. Loucri shia A. Ellis. City Clerk of the City of Englewood, Colorado, herd>y certify that the above and
foregoi ng is a true copy of a Bill for an Ordinance. introduced, read in full, and puacd on tint readin& on
the __ day of January 2003 .
Loucriahia A. Ellis
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AGREEMENTFORMAINTENAf~CE
THIS AGREEME~T. entered into this __ day of 2002 by and
between the City of Englewood. whose address is 1000 Englewood Parkway, Englewood.
Colorado 80110 and Thi: Englewood Lions Club. whose address is P.O. Box 205, Englewood,
Colorado 80151.
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and 'Englewood
Lions Club that :
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The City of Englewood shall. according to a schedule to be made by the
Emdewood Lions Club and approved by the City of Englewood, perform
maintenance of the Englewood Lior.s Club miniature train and shall also perfonn
repairs requested by Englewood Lions Club or identified by the City of Englewood
during inspection of the miniature train.
The City of Englewood shall repair the: miniature train of the Englewood Lions
Club delivered to the City of Englewood for that purpose in a good. workmanlike
manner.
The Englewood Lions Club shall pay to the City of Englewood for such services
the sum of tony-nine dollars and thiny-two cents (S49.32) per hour, in 3ddition
to the cost to the City of Englewood of any pans or outside vendor charges.
4 . This Contrai:t shall authorize the services clllled for in P:iragraph !llo. l, for
1003 . Three additional one (I) year periods may be negotiated by the City
'.\<tanager or his Jesignee.
5 . The City of Englewood .ind the Englewood Lions Club agree not to: refuse to
lure, disi:haq;o.:. pron11.1te. demote 1>r Ji:1erimanate in any maner of compensation;
performam:e . servii:es or otherwise. against any person otherwise qulllilicd solely
bccausc ,>I' rai:e. creed. sex . color. nauonal origin or :incestry.
6 . This Co ntract mav not bc modiried. :imcndcd or otherwise :iltered unless muruall ,
agreed upon 111 "~uing by the pamcs. ·
The City of Engkw1>od by .ind throu!!h us e mployees and :igcnts sh:ill be
considered for .111 purpuscs of the C1>ntrai:t . to be independent contractors and
not employees or' th.: Engh.:\ ood Lions Club.
S . Th.: EngkwouJ Lions Clubb~ and through 11s employees :ind agents shall be
considered i'or .ill purpo,cs of the Contr:ict. to be independent contr:ictors and
not .:mpl<lyec, of th.: (ny of EngkwooJ.
9 The Ci ty Ill Engk" o,1J shall not .lhtgn or transfer 11s interest in the Contr:1et
,~uhuut th,: \Hll!cn ,,111>..:nt <>f the Englc,\ooJ Lions Club . An y un:iuthonzed
as,1gnm.:111 01 tra1"t'cr ,h.111 r.:nd.:r th,~ C1>n tr:ict null. \Otd .ind 1>f no ctT.:ct :is to
th.: Engk,HNJ li,•tb l'lub
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10 . The Englewood Lions Club shall not assign or transfer its interest in the Contract
without the written consent of the City of Englewood. Any unauthorized
assignment o r transfer shall render the Contract null, void and of no effect as to
the City of Englewood.
1 1. Either party of the Coniract may terminate the Contract by giving to the other
party 30 days notice, in writing, with or without good cause shown . Upon
delivery of such notice by the Englewood Lions Club to the City of Englewood
and upon expiration of rhe 30 day period, the City of Englewood shall
discontinue all services in connection with the performance of the Contract. As
soon as practicable aticr receipt of notice of termination, the City of Englewood
shall submit a statement, showing in detail the services performed under the
Contract to rhe date of termination. The Englewood Lions Club shall then pay
the City of Englewood promptly that proponion of the prescribed charges which
the services actually performed under the Contract bear to the total services
called for under the Contract, less such payments on account of the charges as
have been previously made .
12 . All notices and communications under the Contract to be mailed or delivered to
the City of Englewood shall be to the following address:
Director of Public Works
City of Englewood
1000 Englewood Parkway
Englewood. Colorado 80110
All notices and o.:ommunic:mons pertaining to the Contract shall be mailed or
delivered to the Engh:wooJ Lions Club at the following address:
Englewood Lior.s Club
P.O . Bo!t
Englewood. Colorado :lO l 5 t
t 3 . The terms and o.:ondiriuns of the Coniract shall be bindin!! upon each entity, its
successors and ass I gns .
t ~-Norhmg hen.:m s hall be cunstmed JS ~rearing :my personal liability on the part of
an y offo:1:r or agent o f any public body which may be a party hereto , nor shall it
be construed as ::i1v mg .my nghts o r benefits hereunder to anyone other than the
Eng lewood Lion s Cl ub .mJ rhe C ity o f Englewood .
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement for
Maintenance Services the day and ,year first written above .
AlTEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk Gary Sears, City Manager
AlTEST: ENGLEWOOD LIONS CLUB
BY AUTHORITY
SERIES OF 2003
COUNCIL BILL NO . 3
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE ADOPTING THE 2003 BUDGET FOR THE CONCRETE REPLACEMENT
DISTRICT I 995 .
WHEREAS, Englewood City Council approved the 2003 Budget and Appropriation on
final reading November IS, 2002 ; and
WHEREAS, the budget for the Concrete Replacement District 1995 Fund was
inadvertently left off the Budget Ordinance adopted in 2003 ; and
WHEREAS, the City of Englewood is required by City Charter to comply with legal
restrictions governing local budgeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, THAT:
Section I . The 2003 Budget for the Concrete Replacement District l 995 of the City of
Englewood, Colorado is hereby amended as follows :
Fund Balance January I, 2003
Revenues
Expenditures
Fund Balance January 31, 2003
($16,602)
5,711
4 ,300
($15,191)
Section 2. The City Manager and the Director of Financial Services arc hereby
authori zed to make the above changes to the 2003 Budget of the City of Englewood.
200 3.
Attes t:
Introduce d, read in full , and passed on first reading on the 6,., day of January, 2003 .
Publi shed as a Bill for an Ordinance on the 10111 day of January , 2003 .
Read by title and passed on final reading on the 21 • day of January, 2003 .
Publi shed by t itle as Ordinance No . __ , Series of 2003, on the 24111 day of January
Beverly J. Bndahaw , Mayor
Loucris hia A. Elli s , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a bUe copy of the Ordinance passed on final reading and published by title as Ordinance
No. __ , Series of 2003.
Loucrishia A. Ellis
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BY AUTHORITY
COUNCIL BCLL NO . 4
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE ADOPTING THE 2003 BUDGET FOR THE CENTRAL SERVICES FUND
OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Englewood City Council adopted the 2003 Budget and Appropriations on
final reading November 15, 2002; and
WHEREAS , the budget for the Central Services Fund was inadvertently left off the
Budget Ordinance adopted in 2002; and
WHEREAS, the City of Englewood is required by City Charter to ensure that it complies
with legal requirements governing local budgeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCCL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section I . The 2003 Budget for the Central Services Fund of the City of Englewood,
Colorado, is hereby amended as follows :
Fund Balance January I, 2003
Revenues
F::xpcndirures
Fund Balance January 31, 2003
Central Services Fund
$165,167
370,SQO
334,125
201 ,543
Seccion 2 . The City Manager and the Director of Financial Services are hereby
authorized 10 make the above changes to the 2003 Budget of the City of Englewood.
lncrodu._c ed, read in full, and passed on first reading on the 6m day of January, 2003 .
Publi shed as a Bill for an Ordinance on the 10m day of January, 2003 .
Read by citle and passed on final reading on the 21" day of January, 2003 .
Published by title as Ordinance No . __ , series of 2003, on the 24 ... day of January,
2003 .
u esc Beverly J. Bradshaw, Mayor
Loucn h1a A. Elh • n y led
I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that
the foregoing is a true copy of the Ordinance passed on final reading and published by title as
Ordinance No. ___ , Series of 2003.
Loucrisbia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
January 21, 2003 10 Ci Transfer Funds from the Surplus and
Deficiency Fund to the General Fund
Initiated By Staff Source
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has not taken any pervious action on this topic.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution transferring $144,916 from the Surplus and
Deficiency Fund to the General Fund.
The sources and uses of the funds are :
SURPLUS AND DEFICIENCY FUND
Source of Funds;
Unreserved/Undesignated Fund Balance
use of Funds:
Transfers Out to the General Fund
GENERAL FUND
Source of Funds:
$144,916
$144,916
Transfers in fro m th e Surplu s and D eficiency Fund $144,916
Use of Funds:
U nreserve d/U nd esignat ed Fund Balan c e $144,916
Th e Ci t}' o t Englewood is required by City Charter to ensure that expenditures are not made without proper
appropriation by C ity Council. The attached resolution appropriates funds to ensure that the City of
Eng lewood complies w ith legal restrictions governing local budgeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the Surplus and Deficiency Fund has a balance of $231,236. These funds are held as additional
security for special improvement district bond issues. The only issue currently outstanding is Paving District
38, which has a principal balance of $208,000. Charter Section 109 states that the Fund "shall continue to
be maintained in the proportion that the amount on deposit in the Special Fund as of the effective date of
this Charter Amendment bears to the total amount of bonds presently outstanding for such Special
Improvement Districts of the City. Any amount not required to be maintained in the Special Fund, shall be
transferred to the General Fund or to any other fund of the City as may be determined by the City
Council." In 1973, the Surplus and Deficiency Fund had a cash balance of $357,892 and the total
outstanding bond principal was $863,160 making the proportion 41.5 percent. This will allow a transfer of
$144,916 to the General Fund, leaving $86,320 in the Surplus and Deficiency Fund as additional security
for the outstanding bonds.
FINANCIAL IMPACT
This transfer will reduce the Surplus and Deficiency Fund's reserves by $144,916 and increase the General
Fund's unreserved/undesignated fund balance by the same amount.
LIST OF ATTACHMENTS
Proposed resolution
SliRYeS OF 2003
A RESOLUTION APPROVING TRANSFER OF FUNDS FROM THE SURPLUS AND DEFICIENCY
FUND TO THE GENERAL FUND.
WHEREAS, the Surplus and Deficiency Fund currently has a balance of $231,236; and
WHEREAS, these funds arc held as additional security for special improvement district bond
issues; and
WHEREAS, Englewood City Charter Section 109 allows the Fund to be maintained in the
proponion that the amount on deposit in the Special Fund bears to the total amount of bonds presently
ouistanding for such City Special Improvement Districts; and
WHEREAS, any amount not required to be maintained in the Special fund may be lnnsfcrrcd to
the General Fund or to any other fund of the City as may be determined by City Council; and
WHEREAS, maintaining a proponion of 41 .S percent will allow a transfer ofSl44,916 to the
General Fund leaving a balance of $86,320 in the Surplus and Deficiency Fund as additional security for
outstanding bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The 2003 Budget for the City of Englewood, Colorado, is bcrcby amended u follows:
SURPLUS AND DEFICIENCY FUND
Source of Funds :
Unreserved/Undesignated Fund Balance
Use of Funds :
Transfers out tote General Fund
GENERAL FUND
Source of Funds :
Transfers in from Surplus and Deficiency Fund
Use of Funds :
Unreserved/Undesignated Fund Balance
$144,916
$144,916
$144 ,9 16
$144,916
Section 2 . The City Manager and the Director of Financial Services are hereby authorized to make the
above changes to the 2003 Budget of the City of Englewood.
ADOPTED AND APPROVED this 21 " day of January, 2003.
Attest:
Beverly J. Bradshaw, Mayor
Loucrishia A . Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the above
and foregoing is a true copy of Resolution No. __ , Series of 2003 .
Loucrishia A. Ellis
COUNCIL COMMUNICATION
Dale
January 21, 2003
INITIATED BY
Agenda Item
11 a i
Public Works Department
Subject
Ordinance amending Title 11, Ch Jp ter 1 of
the Englewood Municipal Code to change the
lawful speed limit on local streets in residential
areas to 25 mph.
STAFF SOURCE
Rick Kahm Capital Projects Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council voted to continue this Ordinance on December 16, 2002.
RECOMMENDED ACTION
The Englewood Transportation Advisory Committee and the Public Works Department had
recommended that City Council approve the attached ordinance which will amend Title 11,
Chapter 1 of the Englewood Municipal Code, and make the lawful speed limit on local streets in
residential areas 25 mph. The Public Works Department now recommends that this ordinance be
tabled .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
At the City Council Study Session on January 6, Safety Services requested that City Council allow
them some time to implement a new traffic enforcement program that entails getting away from
specialization in that department and create a traffic initiative that involves all police officers. City
Council supported the change and agreed that time should be allowed to see if this paradigm shift
accomplishes the desired goals.
The refo re staff recommends that this ordinance be tabled until such time as the City has an
opportunity t o review the results of the new traffic enforcement program .
FINANCIAL IMPACT
o rnone was put in th e Public Works Bud ge t for all the new speed limit signs that are required in
order to adequa tely advise motorists of th e 25 mph speed limit De-specialization of traffic
entorcemen t deals mainly with reallocat ing existing personnel, and therefore this change should not
cos t an more th an what we are cu rrentl y doing. and may even result in more revenue due to an
in reased number of traffic fines .
LIST OF ATTACHMENTS
Proposed Ordinance
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ORDrNANCE NO.
SERIES OF 2002/2003
BY AUTHORITY
WHEREAS, the Englewood Municipal Code adopted by reference the 1995 Edition of the
Model Traffic Code for Colorado Municipalities to provide consistent traffic control regulations
throughout the sate and nation; and
WHEREAS, most cities delete and amend sections that are not applicable for their specific
jurisdictions; and
WHEREAS, Englewood has already amended or deleted thirty-six 36 sections of the Model
Traffic Code; and
WHEREAS, the Model Traffic Code defines the reasonable and prudent speed for
"residential areas" as 30 miles per hour, however the City believes that speed, unless otherwise
posted, should be lowered to 25 miles per hour due to the narrow street widlhs, on-street parking,
and back-out driveways on cenain local streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . Title 11, Chapter I, Englewood Municipal Code 2000, is hereby amended as
follows :
SECTION 1: 11-1-1 : B (I) Adoption of Code.
Part 11, Section 110 I (2) Speed Limits is amended to read as follows :
Cal Fifteen miles nee hour in anv allev
(at--{12} Twenty miles per hour on narrow, winding mountain highways or on blind
curves;
€hr~ Twenty-five miles per hour in any bus iness district, as defined in section
102(11), C.R.S .
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fd} Twenty-five miles per hour io any resjdence djstrict, as defined in section 42-1-
102 csm, C.R.s. where the street is desjgnated as local in the Cjtv o(EngJewood
Transportation Plan
( c) W Thirty miles per hour in any residence district, as defined in section 42-1-102
(80), C.R.s. , where the street js desjgnated as a coHector or an arterial in the Cjty
of Englewood Jransoortatjon Plan.
W. Ji) Forty miles per hour on open mountain highways;
(et-(gl Forty-five miles per hour for all vehicles in the business of transporting
trash, where higher speeds are posted, when said vehicle is loaded as an exempted
vehicle pursuant to section 507(3);
ti) illl Fifty-five miles per hour on other open highways which are not on the
interstate system, as defined in section 43-2-101 (2), C.R.S .;
~ Lil Sixty-five miles per hour on surfaced, four-lane highways which are on the
interstate system, as defined in section 43-2-101 (2), C.R.S ., where authorized by a
majority of the members of the transportation commission and such speed has been so
designated by official traffic control devices;
W ill Any speed not in excess of a speed limit designated by an official traffic
control device.
(i) FifteeR miles per haur iR eRy alley .
Section 2. Safety Clauses. The City Council hereby finds, detennines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare .
The City Council further detennines that the Ordinance bears a rational relation to the proper
legi slative object sought to be obtained .
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances .
Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification . The repeal or modification of any provision of the
Co de of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or
change in whole or in part any penalty , forfeiture, or liability, either civil or criminal, which shall
ha1 e been incurred under such provision, and each provision shall be treated and held as still
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remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings,
and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full and passed on first reading on the 21st day of January, 2003 .
Published as a Bill for an Ordinance on the 24th day of January, 2003 .
ATTEST :
Beverly J. Bradshaw, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed
on first reading on the 21" day of January, 2003.
Loucrisbia A. Ellis
SERIES OF 2003
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2003 BY THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood, Colorado discussed the appropriations
to other agencies for the year 2003 on December 9, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The following designations are hereby made to the appropriations in the 2003
Budget of the City of Englewood, Colorado for aid to other agencies;
SOURCE OF FUNDS:
Total 2003 Budget for Aid to other Agencies
,. DESIGNATIONS FOR USE: d1J,P
~ommissionen YoutjJ t.Y{,,4"". ~,--
/ Coun House Inc. ,-. ~ vrlf' U
,!;eZogram
Gateway Battered Women's Si111ter
Inter-Faith Task Force -O
Meals On Wheels
Up Close and Musical
Arapahoe Philharmonic
Englewood Cultural Arts Center Assoc.
Discretionary
ND APPROVED this 21"day of January, 2003.
$32,000.00
S 500.00
S 2,000.00
$ 750.00
S 500.00
S 500.00
S 1,000.00
$17,500.00
S 4,000.00
S 2,250.00
S 500.00
S 500.00
S 2,000.00
$32,000.00
Beverly J. Bradshaw, .Mayor
Loucrishta A . Ellis, Ctty 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 2003 .
Loucrishia A. EUis
MEMORANDUM
TO:
FR.OM:
DATE:
SUBJECT:
Mayor Beverly Bradshaw \. ,.~
Sue Carlton Bradshaw, Executive~
January 21, 2003
National League of Cities Conference
The l'iatiooal League of Cities Conference will be held in Washington, D. C., March 7-11, 2003.
Listed below are anticipated expeD8es while attending the conference.
Registration
Lodging
Meals
Taxi/Shuttle
Airfare
Total
If you need ~tional information, please let me know.
Thanks.
$385-00
66o.oo
200.00
100.00 --IJ795,QO
MEMORANDUM
TO:
FROM:
DATE:
Council Member Olga Wolosyn "-rA
Sue Carlton Bradshaw, Executive~
January 21, 2003
SUBJECI': National League of Cities Conference
The National League of Cities Conference will be held in Wuhington, D. C. &om March 7-11 ,
2003. Usted below are anticipated expemes while attending the conference.
Registration
Leadership Training
Lodging
Meals
Taxi/Shuttle
Airfare
Total
If you need additional information, please let me know.
Thanks.
$385.00
190.00
1100.00
300.00
100.00
3aaJHl
81375,pg
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: .· ~~ ~ 'f/ili[~-/jJ AGENDA FOR THE
_.~,Ahv~~i~:~~~NCIL
;-.,... { TUESDAY, JANUARY 21, 2003
1.
2 .
3.
4.
7:30 P.M.
Englewood Civic Cenler -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. ~
lavocaHon . ~
Pledge of Allegiance. ~
5. Minutes. cr,J tr e, Min"te, from the Re8"1at Oty Co"ndl Meeting of Jamwy 6, 200~
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
a. Eugene Norman~il present to address City Council.
-/JM/£ ,;-30 ·
Linda tounterm present to address City Council regarding the off-leash
park at Bates and Logan .
proclamaljan honoring Randy Penn , Englewood High School 's Foot I Coach,
011 his team 's outstanding seaso n, and his 100"' coaching victory.
'
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Englewood City Council Agenda
January 21, 2003 • •
Page 2
9 . Public Hearing (None Scheduled)
lb~' p / ~-~ J-t ,.cf-e I ~~1'"::::::~:. ~;"'"'~ ~/,{,; .t.fi~.' /
i. Qmocil BIii No 5 • Recommendation from the Community Development
Department to adopt a bill for an ordinance approving an Intergovernmental
Agreement with the State of Colorado for the HOME Investment
Partnerships Program. STAFF SOURCE: Janet Grimmett, Housing Finance
Specialist.
ii. Council Bill No. 7 • Recommendation from the Department of Finance and
NI"ministrative Services to adopt a bill for an ordinance supporting an
amendment to the City of Englewood Police Officers Pension Plan
Document. STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
iii . Council Bill No. 8 · Recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance supporting an
amendment to the City of Englewood Firefighters Pension Plan Document.
STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative
Services.
b. Approval of Ordinances on Second Reading.
{JlJJl J_i.
(})#-IO ii .
Cf;#-Jj iii.
OtJlt /J-iv.
Council Bill No. 1, approving an lntergovernmental•Agreement with the City
of Cherry Hills Village for fleet maintenance.
Council Bill No. 2, approving a contract with the Englewood Lions Club for
the City of Englewood to provide maintenance of the Lions Club Miniature
Train .
Council Bill No. 3, adopting the 2003 Budget for the Concrete Replacement
District 1995.
Council Bill No. 4, adopting the 2003 Budget for Central Services .
C. Resolutions and Motions.
Recommendation from the Department of Finance and Administrative
Services to adopt a resolution transferring funds from the Surplus and
Deficiency Fund to the General Fund. STAFF SOURCE: Frank G.,.tewkz.
Director of Finance and Administrative Semces.
Please note: If you lave a clubilly __, Med a.ilary _.•---. ..... ~ .. a, el I .. aa8111
(303-762-2 405)at1Nat'8"-'ill.._of..._...__...._ n..11,-.
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Engle'wo~d City Council Agenda
January 21, 2003
Page 3
11 . Regular Agenda.
12.
a. Approval of Ordinances on First Reading .
b.
C.
i . Council Bill No. 85 -Recommendation from the Public Works Department to
consider tabling this Council Bill while it is being determined whether Safety
Services' revised enforcement strategies in residential areas will produce the
desired results. STAFF SOURCE: Rick Kahm, Capi~~
Approval of Ordinances on Second Reading. /Ill) ~
Re~aadMotioos ~fa~
General Discussion. ' ~ M
a. Mayor's Choice .
Council Members' Choice.
i. A resolution designating funding for Aid to Other Agencies for 2~
13 . City Manager's Report.
14. City Attorney's Report.
Adjournment.1J':~~
The following minutes were transmitted to City Council between January 3 and 16, 2003:
Englewood Parks and Recreation Commission meetings of October 10, November 14, and
December 12, 2002
Englewood Housing Authority meetings of November 6 and December 11, 2002
Englewood Public Library Board meeting of December 10, 2002
Englewood Transpo rtation Advisory Committee meeting of December 12, 2002
Englewood Code Enfo rcement Advisory Committee meeting of December 18, 2002
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