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Home My WebLink About2003-02-18 (Regular) Meeting Agenda Packet) 0 . ' . February 18, 2003 .. , ........ . . .. , Regular City Council Meeting ORD #'l6, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 RES0 #~32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 • : . '· ' . ., .. ; .: . • .... :i· .. • • • '.J \, • ' i ... .. .. .. ' • . • t .. •· . • . • ., . • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I . Call to Order The regular meeting of the Ena)ewood City Council wu called to order by Mayor Bradshaw at 7:37 p.m. 2 . lnvoc:adoa The invocation was given by Council Member Nabhoh. 3 . PledpofAllaiMce The Pledge of Alleaiance was led by Mayor Bndshaw. 4 . RolCal Present: Absent: A quorum was present. Council Memben Nabhol&, Moore. Onzulis. 0am:u. Wobyn. Yun:hick. Bndshaw None Also preacn1: City ...... S-. 5. Mlllutes City Aaoney 8nJuaa Auillalll Cily ....... Flaherty City Clld. EUil DinlClar Kaina. Capital l'lojecll Sellior ..._ Onliui. Ccmmunily O.wqm 111 DinlClar Lona. Libnry Dvector Fonda. Utilities DinlClar Obon. Safely Services ,a) COUNCIL MEMIEll GllAZULIS MOVD. AND ff WAS SECONDED, TO APPROVE THE MINUTES Of THE IUGULAR CITY COUNCIL MDTING OP fUllUARY J, ltl3. Mayor Bradsha,. bked 1f !here was any discuuion or COfl"CldlOm . There --· Ayes: COUlltll Memblrl Nabllob. Moore. 0.... Wobya. Yun:hick. Oruulis. Bndllllw Nays. None Mouon earned. There ,.'ere no scheduled v1 110n. Eaalewood Clay Council February 11, 2003 Paae2 7. U•chech11ed Vllllton (a) Cherrie Brandt, 2297 West Wesley Avenue, said it ia good to sec you all apin. I came here with good newa tonight. Can you believe that? I wanted to come and let you know that we juat had an awesome, positive experience with Enaiewood'a Buildin1 Division. I don't think we, aa citizcna, come here often enough to give positive feedback to aU the people that work III hard within our aovcmmen1. ahe said . We built a very Iarae addition onto our home. We aw1led about dne yean aao, ahe aaid, and we decided it was taking too Iona. Ill we speeded thinp up with a loin. Lo and behold. we rally Fl ounelves into a tight timc&ame and -y crunch. If it wsen't for the people in die Builclint Divilion. ahe aaid, WC never would have gotten thia project wrapped up eaoush for III IO have aotten our psimnenl financing. Lance waa terrific with IICCOIIIIIIOdllng III and womna with 11111> weU that we wae able 11> pt everything to work well. I am going to name everybody by name, ahe aaicl, bec:allle Ibey are all jull u important u the other. Barb wujuat tremendoua throughout OW"entire projecl ... I would aay thal she probably worked harder for ua than anybody did. Of c:oune, Karen and then we have Pat, who takea all the phone cal111 for the impcctiOIIII. Then OW" inspecton ... Charlie, Crai1 111d Orea, They -all jma awesome and I jllll wanted to share that with you tonipt. To be Ible IO aive thele pya ... thele pown men ... hugs. with tears in my eye11, because they really did 111methin1 special for 111. It llllde them feel really, really good and when they 1ell ua that they don't receive positive reinforceimnt about tbe work that they do ... that most of what they hear is neptive ... that made me aad . I felt it waa my dury, lhe aaicl, to come here and tell you whal a areat job they do. Mayor Bradshaw thanked Ma. Brandt. I am aure Mr. Sem will let tbe ruff__.. know, abe aaid. because that does not happen, the people who lallt to III don't offer poailive c:oma.a. (b) Bruce McDowell, 3250 Soudl BIiii Sired. aaid I jma have a concern. 1111 in oe your Study Session and when Council COCllidaed the procl81Mtiona ii went preay quickly. I jull wallled to share that I though1, maybe. the piece oa die uaiand Wllll a lilde IOO qualy. My.-. ii 11111 you all probably have inswance. How do you feel about heina wilhola? k ii DOI a FOCI feelilll, ii ii? I lave imurance and I feel good about that. he aaid. but I believe ii ii a c:riail in lhla llllioll lOday 1111d I don't dunk it should be puaed over quite thal lipaly. I•-·, -die proc:lamllioa.11> I don't mow w1111 all - there. but I think they were j111t tryin1 ID raile a-and ii just ._.t _ tille 1h11 ......... He thanked Council . Mayor Bradshaw said we can brina thia up under Council Memben Choice, whedler C~I would lib 11> reconsider the proclamation. I do think we need ID be respolllive IO our COlllti---. Mayor Bradshaw thanked Mr . McDowell . ( c) Bruce Gould. 3013 South Ogden. said I wu wonderina if anybody on the Council would ha ppen 10 know 1f there are any plans to have any mandatory Wl*i• ~ durina the upcomina summer watering se&liOn . Mayor Bradshaw said I can speak about what we have dilCIIUed on die Waler llld Se_. Board . Whal I believe we decided waa that we wouldfflCOlnlC volwwy wallriJlawl reeommN~ waaerin1 twodaya a week . Mr . Gould said I believe that WU the policy laal -· Mayor ....... aaid lllt >-ii -0-, dne days . Mr. Gould said oh. okay. Mr . Gould sa id whether II ia two daya or dne daya. I can 1111 you flolll ~ 11111 -~ ay immedi ate neiahbors ... and thole • -wa · -ckiviftl aoum ... -IO be COlllplyula or .... ..., mtere I at all m co mplyina . I think it ii a preay •-iua. lie aaid. , ...,._ to lia11e -__..... Enpwood City Couadl February 18, 2003 Pqe3 who live very close to me who are not on a melel' and have made it vtry clear lhat, in their opinion, whether they water at all or let the water run down the sidewalks, they are paying the same amount. So, indeed, I do see that kind of behavior from them . He pointed out that they have no incentive whatsoever to try to be responsible with their wa1ering. Mayor Bradshaw asked Mr. Gould what he would suggest. Mr. Gould said I know lhal we have our own water supply, but I don't know where lhal comes from . I don't know. in the future, what kind of requirement& we are going to need. insofar IS firefighting and emergencies ... scenarios like lhat. Until people are faced with IIOIIIC kind of mandatory ratriction. be llid, there is no incentive whatsoever. And we are the only community, that I am aware of, up and down the Front Range, !hat doesn't have mandatory restrictions . You read it in the papers everyday. In Aurora, for example, there is a ban on planting. I am not quite sure, he said, why some people are not on meters. That in itself might get those people to comply. Mayor Bradshaw explained lhat meters are not mandatory unless a property changes hands. If a property has not changed hands, since 1980, lhey are not required to put in a meter. Mayor Bradshaw introduced Stu Fonda. Director of Utilities. Director Fonda said they are not required to go on a meter unlit the property changes hands. So, over a period of lime we now have two-lhirds ... W.. to 65.., ... and we estimate that over the next few years we will almost be. totally. metered. I lhink if we found someone wasting water like that and lhey are on flat rate, we would require them to purchase a meter. Mayor Bradshaw said it will have to be on an, IS reported, basis. Mr . Gould said you asked what my suggestion might be and I think that could be effective, if there WIS a number people were aware of, lhat lhey could call to report someone bein1 outlandilhly irresponsible with their watering . If nothing else. maybe somebody could have a talk with them. You know it is not my job. and it wouldn't come across very well, if I were to try to approach these people. They mipt tell me to m,nd my own business. But, I really feel strongly about this and I think it ia everybody's buaineu. I certainly don'I want to have anylhin1 draconian. where we are really spendiq a lot of-y tryiq to enforce these walering reslric1ions, but it seems like maybe there is IOIDCthina we could be doina, something a little bil more we could be doina, to comply, because it just doesn't seem like the voluntary restric1ions, in my opinion, are working at all . At least that is my opinion. That is all I wallled to say. Thank you very much , he said . Mayor Bradshaw !hanked Mr. Gould. Council Member Garren said I 1hink when we initiated voluntary restrictions we hid a aianificant reduction in waler usage in Englewood. Direc1or Fonda slated thal cilywide we experienced aipificanl reductions lasl year, alllllllt oa the order that Den ver was experiencing. We were surprised and we believed that thal wu putty due to the fact that with the every lhree day watering system ... when it wu your wata'ina day in Den-or in the <llhlr -· .. you would water significantly. Here. he said. a lot of people wa-e concerned aboul Wllerina lOO -h because 1hey did not want 10 go on watcrina restrict~. 8111 -saw a aipiflCalll dee.-la our muiaun pumping rates. compared wilh other years of similar precipitation . So we think the pneral a-is 1here now . Be that as it may. he said, !here are a number of people who violalc and we will be diacuuina, and probably decid1n1 in April or May, what our summertime 11111d on this will be. But ri ... -· I believe we wall have cnoup to see us lhroup the summer if we see similar coopenlioa. Mr. Fonda IIOled 1hat to go to mandatory restnc1ions requires si1nificant enforcemen1 efforts and it ia a difficult thiq. If Enalewood City Counc:11 Febnaary 18, 2003 Pa11e4 people, in the spirit of it, are trying to comply, it is much more convenient for them to not have to adhere strictly to a schedule like they do in Denver and i'I other parts of the IIIClro area. We do have adequate water supplies and we have very senior rights on the South Plane River, he said. 8. ColDllllllllcatloas, Produadom ud AppNntmMII (a) A letter from William G. Belt indicating his resi&nation from the En&)ewood Code Enforcement Advisory Committee wu considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF WILLIAM G. BELT FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITrEE. Mayor Bradshaw asked if Council would like to send a letter to boch Bill and Carol Belt u Ibey have boch contributed a loc . We may not have alwaYI apeecl, she said, but at least Ibey contributed and I lhink that is important Council agreed. City Manager Sears said they would put a letter together. Mayor Bradshaw uked that he have all members of Council sign the letter. Voteraulu: Ayes : Council Members Nabholz, Moore, Oarreu. Wolosyn. Yurdlick, Gruulis, Bradlhaw Nays : None Motion carried . 9 . PublkHearill& No public hearing was scheduled before Council . 10. C-aApada COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I). (I), (II), (IT)_.(•). II (c) (I)_. (I). (a ) Approval of Ordinancea on Fina Readin& (i) COUNCIL BILL NO . 9, INl'RODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE REPEALING AND REENACTING Tm..E I, CHAPTERS. SECTION I. OF THE ENGLEWOOD MUNICIPAL CODE 2000. RELATING TO REAPPORTIONMENT OF CITY COU NCIL DISTRICTS WITHIN THE CITY OF ENOLEWOOD. COLORADO . (ii) COUNCIL BILL NO . 6. INl'RODUCED BY COUNCIL MEMBER OARRE1T A BILL FOR AN ORDINANCE AMENDING Tm..E 12. OIAPTER 2. SECTION 2. PAllAORAPH (C), SUBSECTION ( I), SUBPARAGRAPH (d) OF THE ENOLEWOOD MUNICIPAL CODE 2000 APPROVING A PERMITIED INDUSTRIAL FACILITY TO RAISE THE LOCAL. UPPIDl pH LIMITATION . (i ii ) COUNCIL BD.J. NO. 16. INl'RODUCED BY COUNCD.. NENBD GARRETT Enpwood City Couadl February II, 2003 Pqe5 A Bill FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECl'ION 3, PARAGRAPH 8, SUBSECTION 8. AND TITLE 12, CHAPTER 2, SECTION 3, PARAGRAPHS D AND E, OF THE ENGLEWOOD MUNICIPAL CODE. CLARIFYING THE SEWER A.JND RATES. (iv) COUNCIL Bill NO. 12. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY . (v) COUNCIL BILL NO. I I. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT BE1WEEN THE CITY OF ENGLEWOOD, COLORADO. AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER. (b) Approval of Ordinances on Second Readina There were no ilems submined for approval on second readina . (c) Raolutions and Motions (i) SEWER TAP AGREEMENT WITH WINGATE HOTELS. (ii) PURCHASE OF POWDERED ACTIVATED CARBON EQUIPMENT FOR THE UNION AVENUE PUMP STATION. Mayor Bradshaw asked if there wu any dillCIIS&ion or if anyone wanled IO pull any item. There wu no comment. Vow results: Ayes : Council Members Nabhol&. Moore. Garrett. Wolosyn. Yurchick. Gruulis. Bradshaw Nays : None Motion carried . l l . Reaular Alfllda (a) Approval of Ordinance on First Reading Director Kahm said I would like to apologize for beina here this evcnina. Back on December 20. 2002 I was here asking Council to transfer a parcel of pound to the Enalcwood Environmeal&I Foundalion. so that we could go forward with our redevelopment of the old City Hall lite. SubaeqUCM to Council doina that, we did our title commitment and the title commitment cum beck and uid wc -doina really aood. except that part or what we transferred is owned by the Urban Renewal Audlority. So wc 11111 widl City Attorney Brotzman . And it was dctcnnined lhll the way to clean up the lidc, II dlia poinl. would be to Ilk Council to accept the parcel back from EEF. There are tine pieces to thia. he uid. Finl. I will Ilk you to approve Council Bill No . 13 and then Martt Onhun will be hll'e for the IIICOlld OM. CCMK:il BW No. 14 . Mr. Graham met •v ith the Urban Renewal Authority and they haw lp1IN IO dNd ... ovs lO die City. Then the third item. Council Bill No . I!. will be me asltina you IO pve me the propany beet apia. En&Jewood City Coundl February 11, 2003 Pqe6 Mayor Bradshaw pointed out that with all the projects Director Kahln has~ if this ii our only pf, then we are lucky . Director Kahm said the good news is if we are able to straipteo this out this evening. we will still be able to close this in the middle of April and we will still be on schedule. Mayor Bradshaw said then it will not affect the closing data at all . Mr. Kahm said that ia COffeCt. COUNCIL MEMBER GARRETf MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (a) (I), (I) ud (II). (i) COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER GARRETT A BllJ.. FOR AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOl.ITH CHEROKEE STREET AND SOUTH ELA TI STREET FROM THE ENGLEWOOD ENVIRONMENl"AL FOUNDATION TO CORRECT THE DEED. (ii) COUNCll. BllJ.. NO. 14, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING THE TRANSFER OF PROPERTY FROM THE ENGLEWOOD URBAN RENEW AL AUTHORITY TO THE CITY OF ENGLEWOOD, COLORAOO. (iii) COUNCIL BllJ.. NO. 15, INTRODUCED BY COUNCIL MEMBER GARRETI A BllJ.. FOR AN ORDINANCE AUTHOIUZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOl1l'H CHEROKEE STREET AND SOUTH ELATI STREET FROM THE CITY OF ENGLEWOOD TO THE ENOLEWOOD ENVIRONMENTAL FOUNDATION. Mayor Bradshaw uked if there WIS any other dilc:uuion. Tbae WU IIOIIII. Vote~: Ayes : Council Members Nabholz. Moore. Ganea, Wololyn. Y urchick. Clrazulil. Bradshaw Nays : None Motion carried. Director Kahm thanked Council. We will try not to do this apin. he said. (bl Approval of Ordinances on Second Readina There were no items submiued for approval on loDCOlld readint · (c) Resolutions and Motions (1) l)irecl(W Lona prWlllld a reot 1MJoe from die Lilnry DlpirW IO adopt a resolution increasina Overdue Finea and Umill II die EatJnooc1 Public Lilnry. He Mid I - asking Counci l to consider a raise in the Libnriel Overdue F._ IINCtlft. Tlie ~ arw:an llaa i.. in place suicc: 1985 . At prelClll. he aaid. the llnll:1ln NII die fine II IOc.11 per day b~ illaa Enalewood City Coundl February 18, 2003 Page7 from the main library and 3 cents a day for ilems checked out from the bookmobile. We checked with other libraries in the metro area, he &aid. and we found that four systems still stay with the 10 cents a day and two others charge 20 cents a day. We took this to the Library Board Ill their lut meeting and Council Member Grazulis was there. They voted unanimously to &UppOrt this. We are abo asking that we raise the maximum from $2.00 to SS .00 for overdue items. One of the things we talked about was our Food for Fines Program that has been in place since 1990. And it was felt that this ii a very good program for the community and. as an amnesty program, it encourages people to get the boob back so other people can use them. Thr Board requested not only to continue the program. but also to have a second, shorter program. So in other words. two, two week programs during the year. So I would ask that you approve this request. He asked if there were any questions. COUNCIL MEMBER NABHOLZ MOVm, AND IT WAS SECONDm, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 31, SERIES OF 2003. RESOLITTION NO. 31, SERIES OF 2003 A RESOLlITION APPROVING AN INCREASE IN THE STRUCTURE OF OVERDUE LIBRARY FINES AS A WAY TO INCREASE CITY REVENUE. Vote resalla: Ayes : Nays: Motion carried. Director Long thanked Council. 12. Geanl DiKamoll (a) Mayor's Choice Council Members Nabholz. Moore, Ganctt. Wolosyn, Yurchick. Grazulis, Bradshaw None (i) Mayor Bradshaw said we did have someone speak this evening about the uninsured proclamation. Basically. the City receives five lo ten propoacd proclamationl a week. dependina on the time of the year. What we have dcl:ided IO do. as a Council. is ,et the infonnalion out and let the Council members dcl:ide which ones they wani to support. I wonder. she &aid. if Council would lib lo reconsider the uninsured proclamation. Council Member Wolosyn said I would like lo makc a comment. I know it was sugesled that we dismisse(1 it quickly. but we do read these ahead of time. I miaht as well speak honestly. she said. about what I think about the prodamauon ysicm. Sometimes I think ii sort of flatlens complex issues and ii is almos1jus1 a band-aid . I think the unimured issue is very complex and I don't often feel comfon.blejllll pulling out a proclamation on some issues like that. she said. That is where I un comina from. We reapect each other and pass all sorts of proclunationl and. for each of us. it ii probably for differenl -. So, she said. I wouldn't oppose it if Council fell they wanled IO reconsider it. Council Member Garrett said I would hke IO jula make a comment I apoloaizc if you fell that wc wae short shrifhng thi particular mue. We do receive our pact. oa die Thunday prior to our meelinp and we spend the weekend read1n1 throuah it and IMki• dcl:isiom aboul how wc feel about ccnain iuues before we come to the IMC!iq. So. if it loobd liu --only aiYina it a__.., nocice • die mceung. 11 wasn't JIISt that ... at leut from my plllplClivc. I apolosizc. he &aid. if you -aiven thal ,mpre 10 n Ma)or Bradsha"' asked 1f anyone else had 1111y COIIIIIICnts. • • Enalewood City Council February 18, 2003 Pqe8 Council Member Grazulis said I concur with Council Member Garrett. We do think these things out. We do not pass all of them because there are some issues , right now, going before the State Legislature and sometimes we like to wait on the outcome, if we don't feel strongly enoup that it would affect certain things within our City. because it is more of a nationwide issue, u oppolCld to a citywide issue and we are just one small part. Council Member Nabholz said I wouldn't necessarily oppose it . Council Member Moore said I have no problem in agreeing to do the proclamation. Council Member Wolosyn said I don't have a problem in bringin1 it forward . Council Member Yurcbick said I don't have a problem with bringin1 it forward, but what does it accomplish? That is my question. If it addressed the iuue and did IIOllielhing for the iuue I would support ii IOO'I,. Mayor Bradshaw noted that two weeks ago Council considered two proclamalions. One wu oppolina the war in Iraq and the ocher wu regarding overpopulalion. But. she noted, we decided IIOI to support either of those . So, she said. I am willing to go with what Council decided at Study Session. This does IIOI rai11e awareness . this does IIOI promote education. Council Member Yurchick said it is just fluff. Mayor Bradshaw agreed 1t is fluff. But. she said. I do think the Day of Rclmmbrancc proclamation is real importanl so that we do IIOI forget the Hoioc.u.&. Mayor Bradshaw said so. again. we did revisit the unimm-ed proclunalion and the --is llill no. Council Member Wolosyn said I appn,ciate and respect the~ and I am I~ he came forward. (b) Council Members' Choice (i) Council Member Nabbolz said my oompu1er bas beea do-for OYS a llllOIIIII. IT is working desperately to try to fipre it ouc. I have a brand new leCOlld line and ""Y a. you pick up tlie phone you can hear the fax machine ringin1 . If I leave the oompu1er on. lhen die phi.--'t "•· It is the craziest thing . So I can't receive e -mails . If anydlin1 comes up, she said. call me illllead. But they arc going 10 be out thi s week sometime. she said. 13 . City Muapr'a lleport (a) Ci ty Manager Sears said just a reminder that the Tri-Cities Brealtful Meeti• will be held al 7 :30 a.m. at the Englewood Golf Course. with Sheridan and Littlelon. The iu.-IO be comideled arc the Pl aue Ri ver lmprovcmen1 Project status. Western Arapahoe Homeless Alliance ... the Howe of Ho pe . and some Arapahoe Counly issues with Commissioner Susan Beckawn . Council Member Grazulis asked if the meeting would be held on the 2r. Mayor Brad sha w sa id yes . the 2s •. They said they had to have it on the21•. so we ia>• a--. eothe 14• and 1hen 1hey came back and said no . we will have it on the 2r . .. t • • Eqlewood City Council Frbruary 18, 2003 ,., Mayor Bradshaw said we will alao have people from Bow Mar, Columbine Valley and Foxfield, becaUle we will dilCIIII the West Nile Viruaand the iuuea we need toaddreuoo that. Weubcl lhemjlllt to come and hear what the Tri-County penon has to say . Mayor Bradshaw uud how many Council members would be there? Council Members Grazulis, Yun:hick. Wololyn. Oarreu. Nabbolz and Bndlbaw iadicaled they would be attending . 14. City Attoney'1 Report City Attorney Brotzman did not have any rnaacn to brin1 before Council. 15. A..,_.._. HAW MOVED TO ADJOURN. The meelina adjourned al 8:04 p.m. 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOO CITY COUNCIL TUESDAY, FEBRUARY 18, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. ?.J7 pv Invocation. /)~ Pledge of Allegiance. ~ RollCall. dlJ. 7 ~ 5. Minutes. ~ '7-() a M~"'" &om d,e R-Oty Couod Meetiog of Februa,y 3, 200~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) g 7. 8. U11scheduled11Vi(itol). (Please limit your ~entation to.five mj.ru~tes.) .,..,s Cl. (!lftR1<..lt::.. 15RA-µ/Jr -7/IANC.!OIL-b l,U;K5, l!ff (!_, 'OKJJ_U.. ~OfJL..(J -WMEK-~...., /r. t>RliU. /J'l d.b()I.Jf!-U-~~~:tUJ-IIJ~ Communications, Proclamations, and Appointments. ] :({ 1 1.-ii. a. letter from William G. Belt indicatin~; ~,_c,n from the Englewood Code ~ "!)}j/?Jf J-Enforcement Advisory Committee. //r-v '<-<rJ;'~ 9. Public Heari g (None Scheduled) ,.._ 111111': .,,.. ..... ....., ...... ..a.y .... ~ ......... Cir.,, ... " __ , ... (JOJ.76N411)1& ..................................... ,. • • Englewood 0ty Council Agenda February 111, 2003 Pagel ftti d ,o. ~ffi.-HJU//F~JL~~~!()tJ./~atl 'I-~ 131 7-o a. Approval of Ordinances ol l'frst R~;di~g. () IO!-11--fl u b . C. i. Councjl Bill No 9 • Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance approving redistricting of Council Districts. STAFF SOURCE: Frank Gryalewicz, Director of Finance and Administrative Servlc:es and Louaishla Ells, City ClerL ii. Councjl Bill No. 6 • Recommendation from the Utilities Department to adopt a bill for an ordinance amending sections of the Englewood Municipal Code regarding the Upper pH Limit for Industrial Discharges. STAFF SOUia: Stewart H. Fonda, Director of Utilities. iii. Council Bill Ng J 6 · Recommendation from the Utilities Department to adopt a bill for an ordinance amending sections of the Englewood Municipal Code to Clarify Sewer Rates. STAFF SOUia: Stewart H. Fonda, Director of Utlltles. iv. Council Bill No. 12 · Recommendation from the Utilities Department to adopt a 6i11 for an ordinance approving City Ditch License Agreement with the Regional Transportation District for fencing along South Santa Fe Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. v. Council Bill No, 11 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Water Supply and Facilities Agreement with Centennial Water District. STAFF SOUia: Stewart H. Fonda, Director of Utilities. App~f Ordinances on Second Reading. Resolutions and Motions. i. ii. i. Recommendation from the Utilities Department to approve, by motl~Sewer Tap Agreement with Wingate Hotels. STAFF SOURCE: Stewart H. Director of Utilities. Recommendation from the Utilities Department to approve, by modon1 the purchase of Powdered Activated Carbon Equipment for the Union Avenue Pump Station. STAFF SOURCE: Stewart H. Fonda, Director of UtllltieL Council Bill No. 13 -Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance acceplina the transfer of the property known as Parcel 2 from the Englewood Environment.I Foundation to the City of Englewood. STAFF SOUia: lick ltlhnt, OINdor. l'INw note: If you._. a 6alallly • WIii ...., .............. _.,.,a,-,-, ••• (303-762•240S)al ......................................... ,... • • Englewood Crty Coundl Agenda • February 18, 2003 Page3 b. C. ii. iii. Council Bill No. 14 -Recommendation from the Community Development t5epartment to adopt a bill for an ordinance approving a property transfer from the Englewood Urban Renewal Authority to the City of Englewood. STAFF SOURCE: Mait Graham, Senior Planner. Council Bill No. 15 · Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance accepting the transfer of the Revised Parcel 2 from the City of Englewood to the Englewood Environmental Foundation. STAFF SOUia: Rick Kahm, Director. Approv~ Ordinances on Second Reading. Reso~ns and Motions. Recommendation from the Library Department to adopt a resolution increasing Overdue Fines and Limits at the Englewood '}~~ary. STAFF SOURCE: Hank Long, Director of library Semc:es. f)w.,,rr,'V ., O 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment 'g:oc/ ~ The following minutes were transmitted to City Council between January 31 and February 13, 2003 : Non-Emergency Retirement Board meetings of August 13, November 13, and November 26, • ' 2002 , Englewood Planning and Zoning Commission meeting of December 17, 2002 Englewood Code Enforcement Advisory Committee meeting of January 1 ,;, 2003 • Englewood Election Commission meeting of January 9, 2003 Englewood Public Library Board meeting of January 14, 2003 • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 18, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. f/.J7 ~ 2. Invocation. /)~ 3. Pledge of Allegiance . ~ 4. Roll Call. d/J. 7 ~ 5. Minutes. opPJ '7-1) ~ Mio....,&omd,eR-C,tyCou,dl-ofhbnwyl,2~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) g 7. Unsc~duled Visit<>!). (Please limit your presentation to five mlJ'~.) t/.., (! lf(;F/l.11:.. !5RA J.)O r -1/IAAI( ~ ~ l>uJ:; 1ur {!, ~t£. <:F?oaL/J -lf'M(Je.. RGSft.Jl.17()A/S (r . t> R.11 ~ /J1 /)() V /:. LL -Rut.l~A'fit>A}~: i,1 AJ -IIJS..l-a.l) 8. Communications, Proclamations, and Appointments. I /-/) a. letter from William G. Belt indicatin~i~ r~j"ation from the Englewood Code {),,C,Lrvf J;igt/ /-Enforcement Advisory Committee. / /d.-(}-A, ~ 9. Public Hearing (None Scheduled) Pluse note: If you have a clubillty Md.._ ...a.y _. •---. ..... ~ .. Cllr ollnaln•• (303-762-2405) .t _. ............. ., ..................... ,... Englewood Oty Council Agenda February 18, 2003 Page 2 (i!J~rJ '7~o() ~~ffi HJU -h-m. ~£.ig; ~~ /()a/~~ a V 'I-~ I T a. ApprovalofOrdinancesol~g. () /Q~/1-1/ U b . C . i. ii. Councjl Bill No. 9 -Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance approving redistricting of Council Districts. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services and Louaishia Ellis, City Oerk. Councjl Bill No. 6 -Recommendation from the Utilities Department to adopt a bill for an ordinance amending sections of the Englewood Municipal Code regarding the Upper pH Limit for Industrial Discharges. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. C2uncil Bill No 16 -Recommendation from the Utilities Department to adopt a bill for an ordinance amending sections of the Englewood Municipal Code to Clarify Sewer Rates. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. Council Bill No. 12 -Recommendation from the Utilities Department to adopt a oill for an ordinance approving City Ditch License Agreement with the Regional Transportation District for fencing along South Santa Fe Drive. STAFF SOURCE: v. Stewart H. Fonda, Director of Utilities. Council Bill No, 1 ) -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Water Supply and Facilities Agreement with Centennial Water District. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. App~f Ordinances on Second Reading. Resolutions and Motions. i. ii . Recommendation from the Utilities Department to approve, by mo~Sewer Tap Agreement with Wingate Hotels. STAFF SOURCE: Stewart H. . Director of Utilities. Recommendation from the Utilities Department to approve, by motion, the purchase of Powdered Activated Carbon Equipment for the Union Avenue Pump Station . STAFF SOURCE: Stewart H. Fonda, Director of UtHities. I ' 0. j;;JJ,'~(};r:J/Ji•p J f<5 tMw ~ !JNA'LII JL~ // d. I~ i; 'f iii 'ff · / a. Approval o f Ordinanc~lFirst Reading()-· --- i. Co unci l Bill No. 13 . Rec ommendation from the Englewood Environmental Fo undation to adopt a bill for an ordinance accepting the transfer of the p roperty kn own as Parcel 2 from the Englewood Environmental Foundation to th e City of Engl ewood. STAFF SOURCE: llc:k Kahnt, Director. Please note: If you IYve a dlubilty and Ned amdllary ailk or...._, ....... the Clly of E111NWOCNI (303-762-2405) at least 41 houn III adwMN:e of .... _.. ......... 11iank ya. _________ _, • t .. • • Englewood City Council Agenda February 18, 2003 Pagel b. c. ii. iii. Council Bill No. 14 • Recommendation from the Community Development Department to adopt a bill for an ordinance approving a property transfer from the Englewood Urban Renewal Authority to the City of Englewood. STAFF SOURCE: Mark Graham, Senior Planner. Council Bill No. 15 • Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance accepting the transfer of the Revised Parcel 2 from the City of Englewood to the Englewood Environmental Foundation. STAFF SOURCE: Rick Kahm, Director. Approp Ordinances on Second Reading. Resorutions and Motions. h JJM-6/. i. ,~~~'7-0 Recommendation from the Library Department to adopt a resolution increasing Overdue Fines and Limits at the Englewood 7~ra~. STAFF SOURCE: Hank Lons, Director of Library Services. f) _ , -_ O 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. City Attorney's Report Adjournment f!:oc/~ Th e fo ll owi ng minutes were transm itted to City Council between January 31 and February 13, 2003 : Non-Emergency Ret irem ent Boarc;l meetings of August 13, November 13, and November 26, 2002 Englewood Planni ng an d Z oning Commission meeting of December 17, 2002 Englewood Code Enforcement Advisory Committee meeting of January 15, 2003 Englewood Elect ion Commission meeting of January 9, 2003 Englewood Pu bl ic Li brary Board meeting of January 14, 2003 ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session February 3, 2003 I. Call to Order The regular meet ing of the Englewood City Council was called to order by Mayor Bradshaw al 7 :32 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledp of Allepuce The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoUCall Present: Absent: A quorum was present . Al so present : 5. Millutcs Council Members Nabholz, Moore, Orazulis, Garrett. Wolosyn, Yurchick. Bradshaw None City Manager Sears City Anorney Brotzman As5i~t City Manager Flaherty City Cletk Ellis Director Olson, Safety Services (a ) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEE11NG OF JANUARY 21, 2003. Mayor Bradshaw asked if there were any corrections . There were none . Ayes : Nays : Abstain : Mouon carried . Counci l Members Nabholz. Moore , Garrett. Wolosyn, Graz ulis, Bradshaw None Counci l Me mber Yurc hick • •••• C O UNC IL M EMBE R GARRETT MOVED AGENDA ITEMS I (a) THllOUCH (M) FORWARD TO BE CO NS ID E RED BE FORE THE BRIEF RECEPTION (AGENDA ITEM 6 (a) (Ilk}). Council Member Garren said 1he reason for mo,•1n1 thae 11ems fONvd I thal we have a lot ol board and comm1>,1on Jppom1mem, Jnd 1hcrc are wme other :ic11v111CS as we ll . • • Englewood City Council February 3, 2003 Page2 Mayor Bradshaw said we will honor the Metropolitan Mayors and Commissioners Youth Awards recipients first and while they arc getting their picture taken in the lobby, Council will recognize the board and commission appointees. Then wc will all recess for the reception. 6. Scbeduled Visitors (a) Council recognized Englewood's nominees for the Metropolitan Mayors and Commissioners Youth Awards. Mayor Bradshaw welcomed the nomincca and their families . Mayor Bradshaw said tonight is a very special night for the City of Englewood. We arc pleased to be honoring eighteen young people who have been nominated for the 2003 Metropolitan Mayors and Commissioners Youth Awards. This program recognizes young people whi> have overcome diffic:uh situations in their lives and have risen 10 the challenges of adversity. I have the plcuure of scrviq on the Board of Managers for the Metropolitan Mayors and Commissioners Youth Awards. and the young people we honor through this program arc true success stories. Tonight's honorees in Enpwood arc no exception. These young people have been through hardships and challenges most of us can't even imagine -baulcs with alcohol and drug abuse, difficulties in school, emotional struuJcs. PIii affilialiom, disabilities, family difficulties, and many more issues. We arc honoring thae nominees, not because of the hardships they have faced, but because they have persevered and have taken control of their liva. turnina their adversity into advantage. They have made a difference in their own lives and the lives of thole around them. Nominees and award winncrs ... your strenath and determination arc an inapiration to us all . We will be honoring each Metropolitan Mayors and Commissioners Youth Award nominee with a certificate, as well as a backpack gift bag as a token of our admiration. I would like to thank Gan Sports here at CityCentcr Englewood for providing a discount on the backpacks. Mayor Pro Tan Douatu Oaneu will help me hand out the awards and I would like to invite the other City Council Membcn to join me in front of the dais. After the recognition, she said, wc will brealr. for a brief reception to visit with our nominees . Mayor Bradshaw said I would like to offer a special thanks to the people who nominated thele 1tude1111 for recognizing their accomplishments and helping ua honor them. If the nominators would please IWld. she said . we will give them a round of applause . Betsy Gonlieb. Tom Wilson. Brenda Lander, Tanya Kannina, Kim Youna and Rachelle Sikora from Colorado's Finest Alternative Hip School; Carol Wacker from Englewood High School ; Davi d Mill er and Cheryl Ok izak i from Humancx Academy ; Lynn Pro bus. C arrie Almanzar. Judi Garvey, Jennifer Olsen, Tom Beal , Deb Palmi sano a nd Carh ye Woody fro m Sinclair Middle School. T hey we re g, ve n a ro und of applause . Mayo r Bradshaw noted char s he s pent 1hir1ccn wonderful years tcachina al Sinclair Middle School . (i) A. J . Ado lph , a 10111 Grader ar Humanex Academy . A. J.'1 nominator has seen hi m 1ransi1io n into a s tudent who is commiucd to his fulun: and bcina 1UCCC11ful in school . A. J. ii on traclr. 10 grad ua te earl y. wi 1h plans 10 go on 10 college. • t ,. • • Englewood City Council February 3, 2003 Page3 (ii) Elizabeth Albe, an gill Grader at Sinclair Middle School, is unable to be with us tonight. Elizabeth's nominator secs her as a resilient young woman ... a positive leader who encourages her peers to look for the positive in their situation . (iii) Doug Bachand, an 11 111 G:-ader at Colorado's Finest Alternative High School. Doug's nominator indicates that even though he has had some challenges in his life, he maintains a cheerful and optimistic outlook. He is a good influence at school. and has positive plans for the future . (iv) Jonathan Boraz, an 11 111 Grader at Humanex Academy. Jon uses his own experiences to help others work through their difficulties. Jon's attitude is positive and he is excelling at sc hool. Jon has also given of his time to help out at a local nursing home . (v) Adam Cardona, an gill Grader at Sinclair Middle School. Adam's teachers say he has a high level of integrity and perseverance ... he is a student who stands up for what he believes in . Adam continues to make healthy, positive choices for himself and is a positive role model at school. (vi) Kimberly Gabbard, a 10111 Grader at Humanex Academy . According to her nominator. Kim has made a remarkable turnaround over the past year. She has overcome many challenges in her young life and is a positive leader and role model for her peers . (vii) Robbie Gallegos, an g111 Grader at Sinclair Middle School, is unable to be with us tonight. Robbie's nominators describe him as a positive role model at school who is focused on his educational success and helping his family and friends . (viii) Kyle Harkey, an 11 111 Grader at Colorado's Finest Alternative High School . Kyle's nominator describes him as a young man who demonstrates the type of leadership that his peers respect and follow . Kyle has also recognized the reward of giving back to his community, and is involved with the El Pomar Youth in Community Service project. (ix) Destiny Hill, an glll Grader at Sinclair Middle School. Her nominators describe Destiny as a creative problem solver who has made great efforts to work toward making the school a more inclusive environment for all students. She has served on the Leadership Council at school, and volunteers in the ADAPT program, helping with severe needs students. (x) Anthony Hopp . a 10-Grader al Humanex Academy. Tony has become a positive role model and a positive influence in the school. He focuses on his academic needs, and has created positive boundaries that help him be successful. In addition, Tony has volunteered his time at his local YMCA . (xi) Keith Knudson is a recent grad~e of Colorado's Finest Alternative High Sc hool. Hi s nominator describes Keith as a strong, polite, and caring young man who has made positive change s in hi s hfc . Keith vo lunteers in the Americorp program, and plans on going to college to become a teacher . (xi i) Dean Lockhead. a 12• Grader at Englewood Hiah School is unable to be with us tonight . Dean· nominator describes him as an cxccprional young man who 1w accepted the challenaes hie ha dejh him He i dedicated 10 his family and to being successful in school . h111) Giovanni Lopez . a l<f Grader at ColOOldo's Finest Alternative High School. G11l\ann1 ·, 11<>m1na1or dc ,,.ri bes him as a quiet . unassuming youna man . He has used the experiences from h, t"arl~ .id,,loescer1<...., t0 crc :ue positive changes in his hfe . ' • • Englewood City Council February 3, 2003 Puge4 {xiv) Mau Miller , a 1011, Grader at Hurnancx Academy . According to his nominator, Matt is a good role model at school. He gives positive advice to his peers, sharing his life experiences, and leuing others know that if he can change, they can 100. (xv) Ashley Pearson, an gm Grader at Sinclair Middle School . Ashley is very invested in her education and making positive choices in school. She is described by her nominator as a "quiet leader" who provides positive suppon for her fellow students . ("vi) Lccon Rannclow, a 1211, Grader at Colorado's Finest Alternative High School. Hi s nominator says Lccon has made significant changes and turned his life around. He is an enthusiastic student and is determined 10 be successful . L.ccon also serves his community through his work with the Guardian Angels. ("vii) Ryan Stafford, a 12• Grader at Humancx Academy is unable to be with us tonight because he had to work. His nominator said that because of Ryan's philosophy towards the challenges he's faced. he takes a positive approach to his education and to life. He is a very responsible young man who offers suppon and encouragement to others. {xviii) Kelsey Young, a 12• Grader at Colorado's Finest Alternative High School. Her nominator says that Kelsey has used her life experiences 10 become a positive. determined young woman, full of spirit and compassion . Kelsey is a positive role model for her peers. Mayor Bradshaw asked all of the nominees to come up front. Mayor Bradshaw said we are so proud to have young people like you as members of our community. Thank you for inspiring us and showing us the power of your strength and determination. And -thank the familie s. friends. teachers, and counselors who are here tonipt to help U5 honor our nominees and who suppon these very special young people on a daily basis . Mayor Bradshaw said I didn't realize it, but one of our lonatime nominaton Arnie Gallegos is sitting back here and I would like to recognize him too . He was given a round of applautc. The nominees were given a round of applause . (xi") Brief Reception !Clerk·s note : The reception was held after Agenda Items 8 {a) though {u) were considered . See paae 8.) ••••• 8. Communications, Proclamations and Appolnl-ls C OUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (11) -THE RESIGNATION OF CHRIS WILLIS FROM THE ENGLEWOOD PLANNING AND ZONING COMMISSION AND 8 (b) THROUGH I (aa)-RESOLtmON NO. 5 THROUGH 30, SERIES OF 2003 APPOINTING AND REAPPOINTING VARIOUS IOARD AND COl\ll\llSSION MEMBERS. la)o r Brad,h~" :ud I wa, very sorr ) to see Mr . Will is leave as he has been a l()Od . positive influence. (J ) A lencr trom Chn W,lhs. 1nd1c;llln1 h1 resi palklll from the En1lewood Plannin1 and Z omn i: Comm,, ,o n t .. • • Englewood City Council February 3, 2003 PageS (b) RESOLUTION NO . 5, SERIES OF2003 A RESOLUTION APPOINTING MARK ADAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (c) RESOLUTION NO . 6, SERIES OF 2003 A RESOLUTION APPOINTING MICHAEL ADAMS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (d) RESOLUTION NO . 7. SERIES OF 2003 A RESOLUTION REAPPOINTING JEFF BAKER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. (e) RESOLUTION NO. 8, SERIES OF 2003 A RESOLUTION APPOINTING LAURA BARTNICK AS AN ALTERNATIVE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (f) RESOLUTION NO . 9, SERIES OF 2003 A RESOLUTION REAPPOINTING JANET BERENS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (g) RESOLUTION NO. 10, SERIES OF 2003 A RESOLUTION REAPPOINTING DAVID BRERETON TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO. 11 , SERIES OF 2003 A RESOLUTION REAPPOINTING JOE CHRISTIE TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD. COLORADO . (i) RESOLUTION NO . 12. SERIES OF 2003 A RE SOLUTION APPOINTING ERIC CROTIY TO THE KEEP ENGLEWOOD BEAUTIFUL COMMI SS ION FOR THE CITY OF ENGLEWOOD . COLORADO . (j) RESOLUTION NO . 13 , SERIES OF 2003 A RESOL UTION REAPPOINTING OPAL DOANE TO THE MALLEY CENTER TRUST FUND BOARD OF TRUSTEES FOR THE CITY OF ENGLEWOOD. COLORADO . (kl RESOLUTION NO . 14 , SERIES OF2003 A RESO LUT ION REAPPOINTING GARY DOUNA Y TO THE ENGLEWOOD TRANSPORTATION ADV ISO RY CO MMITT EE FOR THE CITY OF ENGLEWOOD. COLORADO. (I} RESOLUT ION NO . 15. SERIES OF :?003 • ' • • .. Englewood City Council February 3, 2003 Page6 A RESOLUTION APPOINTING SUSAN GRANT TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (m) RESOLUTION NO. 16 , SERIES OF 2003 A RESOLUTION REAPPOINTING DEAN HUFFAKER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (n) RESOLUTION NO. 17, SERIES OF 2003 A RESOLUTION APPOINTING JAMES JOHNSON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (o) RESOLUTION NO. 18, SERIES OF2003 A RESOLUTION APPOINTING JAMES JOHNSON TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO. 19, SERIES OF 2003 A RESOLUTION APPOINTING DARYL KINTON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (q) RESOLUTION NO. 20, SERIES OF 2003 A RESOLUTION APPOINTING COLLEEN MCGOVERN TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. (r) RESOLUTION NO. 21, SERIES OF 2003 A RESOLUTION REAPPOINTING MARCIA O'BRIEN TO THE BOARD OF ADJUSTMENI' AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. (s) RESOLUTION NO. 22, SERIES OF 2003 A RESOLUTION APPOINTING STEFANIE PILLOW TO THE PARADE COMMfITEE FOR THE CITY OF ENGLEWOOD. COLORADO . (I) RESOLUTION NO . 23. SERIES OF 2003 A RESOLUTION REAPPOINTING CHARLES REDPATH TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (u) RESOLUTION NO. 24. SERIES OF2003 A R ESOLUT ION APPOINTING JIM REES TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE C ITY OF ENGLEWOOD. COLORADO. (v) RESOLUTION NO . 25, SERIES QF 2003 A RESOLUTION REAPPOINTING DON ROTH TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE C ITY OF ENGLEWOOD. COLORADO. • • Englewood City Council February 3, 2003 Page7 (w) RESOLUTION NO. 26, SERIES OF 2003 A RESOLUTION REAPPOINTING DON ROTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (x) RESOLUTION NO. 27, SERIES OF 2003 A RESOLUTION APPOINTING RONALD SMITH TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . (y) RESOLUTION NO. 28, SERIES OF 2003 A RESOLUTION APPOINTING DAVID SPRECACE AS AN ALTERNATIVE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. (z) RESOLUTION NO. 29, SERIES OF 2003 A RESOLUTION REAPPOINTING GERALD ST ANKORB TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (aa) RESOLUTION NO. 30, SERIES OF 2003 A RESOLUTION REAPPOINTING ROBIN WEDDLE TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried. Ayes : Council Members Nabholz. Moore, Oaneu. Wolosyn, Yurchic:k, Grazulis. Bradshaw Nays : None Several appointees were present. Mayor Bradshaw and Mayor Pro Tern Garrett presented a City of Englewood pin and a certificate to those in attendance: Mark Adams. Englewood Public Library Board Michael Adams, Planning and Zoning Commission Laura Bannick. alternate member Code Enforcement Advisory Committee Eric Crotty. Keep Englewood Beautiful James Johnson . Code Enforcement Advisory Committee and El~-tion Commission Ronald Smith. Keep Englewood Beautiful DJvtd Sprecacc. alternate member Board of Adjustment and Appeal s Gerald Stankorb. Keep Englewood Beautiful Ma}or Brad,haw thanked everyone for coming. his going to be great working with you, she said, it is nice to have new ene rg y. The field of candidates that we had this time are extremely well qualified and it 1s ,uch a pleasure to have that many wonderful citizens in our community . Thank )IOU. she said. They were all give n a round of applause . I\IJ)Or Bradshaw ,n vucd everyone to join us next door in the Community Room for cake and a bncf recepth>n to v1s11 ,.,,hour nominees . • •••• • • Englewood City Council February 3, 2003 P11ge8 6. (xix) Brief Reception Council recessed for a briefreception at 7:55 p.m. Coun cil reconvened at 8:20 p.m. with all Council Members present. 7. Unscheduled Visitors There were no unscheduled visitors. 8. Communications, Proclamations and Appolnt-nls [Clerk 's note: Agenda Items 8 (a) through (aa) were moved forward. See page 4.J 9 . Public Hearing No public hearing was scheduled before Council . 10. Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (II) aad (Ill) AND 10 (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 13, SERIES OF 2003 (COUNCll. Bill NO. 5. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM BETWEEN THE ST ATE OF COLORADO AND THE CITY OF ENG LEWOOD. COLORADO. (ii) ORDINANCE NO . 14, SERIES OF 2003 (COUNCll. Bll.L NO . 7, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORD INAN CE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF ENGLEWOOD POLICE PENS ION PLAN TO ALLOW SELF-DIRECTED INVESTMENT OF DEFERRED RETlREMENT OPTION (DROP ) FUNDS . (iii) ORDINANCE NO . 15. SERIES OF 2003 (COUNCll. Bll.L NO . 8. INT RODUCED BY COUNC IL MEMBER NABHOLZl A ORD INAN CE APPROVING AMENDMENT NUMBER FOUR TO THE CITY OF ENGLEWOOD FIREFIG HT ERS PENSION PLAN TO ALLOW SELF-DIRECTED INVESTMENT OF DEFERRED RET IR EMENT OPT ION (DROP) FUNDS . (cl Re,ulu1,un, and Mu11ons • • . . . . . t ... • Englewood City Council February 3, 2003 Page9 (J. (i) A SPONSORSHIP OF THE SOUTH METRO FIRE PROTECTION DISTRICT FOR CONTINUED MEMBERSHIP IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY. Mayor Bradshaw asked if there was any discussion on any of the items. There was none. Vote results: Ayes: Nays : Motion carried. 11. Regular Agenda Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw None (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda .) (c) Resolutions and Motions 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 she wanted to remind Council members that the CML 2003 Legislative Workshop is February 12'". If you arc interested please let Sue Bradshaw know, she said. (ii) Mayor Bradshaw said on January JIM I attended a training. for Mayor's, offered by the Office of Domestic Preparedness. II was an outstanding opportunity and I learned quite a bit . The sad thing is 1ha1 we were talking about weapons of mass destruction and how cities need to respond. I have several questions. she said. I would like to ask Chris Olson. What we talked about was a major incident 1ha1 could occur and we talked about disasters. A disaster is basically an event that generates casualties in excess of whatever we can service al one time . They talked about the fact that if you have a crisis in the City. all of a s udden 1he FBI shows up. She asked Director Olson if we have on-going communication with the FBI. Director Olson ,aid \\e have a very close o n-going relationship with the FBI. In fact, he said. Commander Byro n W1 ks and I have applied for secret clearances from the FBI and Byron is in the process of getting that approved . We work very. very dosely with the FBI. he said, as well as many other Federal aaencies. II.fa ) r Bradshaw said thal is great. MJ)C>r Br ad,haw a ~ed wha1 triggers mutual aid. That is something I ha,e often wondered. she said. f• t .•' • • Englewood City CouncU February 3, 2003 Page 10 Director Olson explained there are two forms of mutual aid . One is automatic and one is mutual. The automatic aid is based on intergovernmental agreements, which we have with multiple jurisdictions around here , particularly tire jurisdictions. We also have mutual aid agreements and we are formulating a metropolitan mutual aid agreement right now, again, with literally 20 to 30 different fire agencies. What that means. he said, is when we call another agency. and say we need assistance, they automatically come over and help us out or we go help them out. We do this, consistently, with Denver, especially. Mayor Bradshaw commented that Director Olson is pretty up on this . Mr. Olson said yes, I have been for about 20 years . Mayor Bradshaw said you are really good at this and I told them that I felt like we are in pretty good hands. Director Olson said I just talked to Byron Wicks today and I can say right now, that locally and statewide we are very advanced and that is well recognized by FEMA, as well as the rest of the Federal agencies. Mayor Bradshaw said that is thanks to your leadership and your work. Director Olson said thank you. Mayor Bradshaw asked to have a copy of that mutual aid agreement sent to the Mayor of Nonhglenn. She asked Mr. Sears if we could do that. City Manager Sears said yes. Because, Mayor Bradshaw said, this poor person is dealing with eight fire districts and no major hospital and trying to put a disaster plan together is just ridiculous, I mean it is nuts. Director Olson advised that they should be included in that metropolitan mutual aid agreement that is being formulated right now. They were in the old one, he said. Mayor Bradshaw said okay, I think that probably needs to be updated. Mayor Bradshaw said the one thing that we learned is that is it is not a question of if we are going to have another thing, ii is a question of when . My concern is that I think wc need to be vigilant, but not hyper- vigilant . I remember &rowing up when we did the duck and cover drills under our deab. You covered your head. so that yo uf\butt would probably burn off before your face . I always remember beina frightened and crying during tha1.\'l hated the whole thing, she said, so I hope our young people don't feel that way. Director Olson said I would hk ... to add something to that, which I have mentioned before . Tomorrow, Commander Byron Wicks and I will be meeting in Denver, with Representative DeGene, at her request. We are going to be discussing. for at least an hour, what our concerns are from the Federal level regarding anti -terrorism efforts and so forth . Mayor Bradshaw said at NLC there are going to be 4,000 of us standing on the Capitol steps demanding mo ne y from Congress . (iii ) Mayor Bradshaw said LaMar 's Donuts will be holding an Open House on Fe bruary 23'd . I believe you all received invitations in the mail . Council indicated they had not received th e in vitati o n. Ma yo r Bradshaw said just put your names on the back of my invitation and Sue Bradshaw can RSVP fo r everyo ne or get a copy of the invitation to you . (iv) Mayor Bradshaw said there is an RTD meeting on the 6• of February. Does anyo ne want 10 go ? Co uncil Member Wolosyn asked if Mayor Bradshaw was aoin& to IO · Mayor Brads haw snid I will be the contact . (v) Ma yo r Bradshaw said we had two resolutions ... one is opposina the war in Iraq :in d th e o , erpo pulat io n iss ue . as it was presented in January . Do wc need to brina thole forward? Co uncil Mem be r Gra zul is as ked 1f Council would be havina a di1C1111ion fmt. • t .. • • 4 Englewood City Council February J, 2003 Page 11 Mayor Brads haw said I just want to know if Council wants to deal with those issues on a City level. Council indicated they did not . Mayor Bradshaw said okay ... thcn we won't. (vi) Mayor Bradshaw said I want to remind us all that we arc here to listen to all constituents and every resident of Englewood has the same rights to address Council on any issue. (vii) Mayor Bradshaw said I thought the SchooVCity meeting last Monday went relatively well, except for the seating. We need to have more visible links to both websites, she said. for ease of access. Schools need to have a link to the City and the City needs to have more visible access to the schools. Also, she said, Gary Sears and I have been talking and, probably, Gary, Mary, Sherry and I will meet monthly to communicate information and keep that open. (viii) Mayor Bradshaw said I want to thank Leigh AM Hoffhines for her help with the Metropolitan Mayors and Commissioners Youth Awards this evening. She is incredible and she docs such a good job of pulling everything together. (ix) Mayor Bradshaw said I would also like to thank Susan Werntz and Sue Bradshaw for their help with the new board and commission appointees. (x) Mayor Bradshaw said we have the City Ditch meeting this Friday and I will be late. (xi) Mayor Bradshaw said I received a request from the Sister Cities Committee to j o in a celebration they have ... it is the Chinese New Year Celebration. Saturday. February 1Soi.. If anybody wants to go. she said, please follow up on that. (xii) Mayor Bradshaw thanked Tom Munds for the anicle in the Herald on our new restaurant in Englewood, Sparks. She asked if they paid for that. Mr. Munds said the City did. Mayor Bradshaw noted that it shows our Enterprise :zones. (xiii) Mayor Bradshaw said I did e-mail Senator Andrews about his stand on Senale Bill 74 and usurping the will of the people. It won't make a difference to him, she said, but probably IOllle of us need to be ready to go down there when it ps before the House. (b) Council Members' Choice (i) Council Member Nabholz said I want to, once again, thank Dave Lee for our lillle park meeting and I will be in closer touch with Dave Lee and Jerrell Black. But I was very grateful he was 1here. she said . He handled it very professionally, as docs everyone in the Parks and Recreation Department'. I look forward to working with them on that, she said. (1i) Council Member Garrett said for those who are interested in performing worko uis in front of a mass group of peoplc ... the weight rrnichines have been moved into the lobby of the Rec Center. The gym lloor is coming along really well, he said. they arc sanding it. The Rec Center will be closed 1he week of February 10"'. The walls are pretty much up on the new frce-wei1ht aerobics, two- siory facili1y in the back . So 1hat is good news. he said. (111 ) Council Member Wolosyn said on Saturday at 2:00 p.m. the En1lewood Cuhural Arts Cem~r A,,oc1a11on is sponsoring a string quartet performance. in our Community Room . Ir is abou1 an hour long and it hould be very good. Council Member Gratulis a ked if tickeis were required. Ms. Wolosyn said yes they arc ... tickets are 5 .00. Musician, from 1he Colorado Symphony will be performing. t .•· .. • • -- Englewood City Council February 3, 2003 Page 12 (iv) Council Member Grazulis: (J. I . She said I just have a question regarding our water vulnerability for the City of Englewood .. For instance, if someone wished to put something in the water, it seems like it is just the fence protecting the facility . I know there is more, she said. She asked City Manager Scars to elaborate on this issue. City Manager Sears said Director Olson and I can talk to this. We have increased security at the Water Plant and there is a voice system to be used to gain entrance and the gate is now closed. To really make a difference you have to gel to the clcarwcll, which is a very protected well at the site. Council Member Wolosyn said the Water Board received a sheet with all of that information and perhaps the rest of Council would be interested in receiving it. City Manager Scars said we can forward that information to the other Council members. Council Member Grazulis asked if it talked about the reservoir. Council Member Wolosyn said it covers everything. City Manager Scars said Chris Olson has been involved from day one with personnel reviews and other types of things that have happened at that site . But, as Council Member Wolosyn said there is a whole list of steps we have taken and we should provide that to the entire Council. Mayor Bradshaw said it sounds to me like we need a Study Session on our City's emergency preparedness set-up. Council Member Grazulis asked if anyone has tried to do anything, tried to go into the Water Plant. Director Olson said I don't think we have had any intrusion situations. From, essentially, 9-11, wc were out there doing an assessment of all of the structures ... making sure the fences were intact. But the issue with the water supply, he said, is that somebody would have to put II significant amount of product into the water supply to do any harm whatsoever. Somebody with a little bottle of something could really do nothing to it. But, he advised, we arc well aware of the issues and we arc working with the Utility Department and Wastewater Treatment Plant quite a bit, to make sure wc maintain that level of security. We are pretty much on top of it. The problem with the water supply. he said, is that, unless you have so meo ne out there patrolling all the time, there is a certain degree of vulnerability. Somebody would, literall y. have to back in there with truckloads of product to do any serious damage. City Manager Sears said I would like to add that Director Olson and I went to the FEMA awareness prog.ram last yea r. with Arapahoe County. I know that our connections with Arapahoe County. for any type of emergency. are very intense. Jus t like when the train accident occurred, he said, we have a lot of co nnecti o ns with them and we ha ve an evacuation plan for City Hall in place and we would have been able 10 enact that . But I think , he said , we do need to present to Council what we would do if we had an emergency si tuatio n within the City. As Director Olson said, overall wc arc really. internally. up-to-date. We ha,•e also done training in all of our departments on violence in the wort.place . It was a mandatory training. th at all of o ur employees had to go through. which would help identify a violent situation and what 10 do in a ;,1ua11 o n if you arc put into jeopardy. I think that training has been helpful . He thanked Council Member Grazuli, for her ques tion . ~ She said o n sc,·cral ends of the s treets. on a lot o f the newly paved 51J'eCts. there arc ind1cat1on, ... " here 11 ,ays. "dig area", with a big square. at the end ot' all these sueeu . She asked what that 1> .1bou1. Th.:y ha, e been 1h.:re for several months. s he said . ' -~ ..• ..... • • C Englewood City Council February 3, 2003 Page 13 Ci ty Manager Sear s said I would say it probably relates to the cable that we talked about earlier. It is the fiber o pt ic cables and the installation that then is bored underneath and where they would come up . It is actually occ urring on Logan and Dartmouth right now . That is what I would suspect. he said . Council Member Grazulis said when I see these nice, newly paved streets .. .I am concerned . Council Member Y urchick asked if all the new A T & T wiring will be underground, rather than on poles. City Manager Sears said no, a lot of it will be on poles ... existing poles. So, there will actually be a lot less disturbance than in some of the other communities . Some will be overhead and some will be underground, he said, and I am not sure exactly how they have made that choice. Our understanding is that they would be using existing poles . 3. She said one of the things that came up today. when I was discussing youth serving on commissions with a rqxaentative from the Englewood Herald. is that we have to have better communication when we have somethin1 comin1 up ... notjust a week before . If there is going to be a vacancy on a particular board or commission. she said. we need to let them know well in advance. so they can put it up at different areas within the school. rather than just at the office. That is why we ue not getting applicants ... it is because they don't know. Mayor Bradshaw said I just think if we had a contact at the High School in a general class, like Social Studies. Political Science, Leadership or something like that .. .it would tap into those kids that might be interested . Council Member Grazul is said yes ... perhaps in several classes . I would just like to see it go out a little bit earlier so that we have more response from the youth. City Manager Sears said okay . We do have a School/City Comminee meetin1 coming up .. .I dunk it is at the end of March . Council Member Grazulis said thank you. 13 . City Maupr'1 Report Ci ty Manager Sears did not have any rnaners to brin& before Council . 14 . City Attol'My's Report City Anorne y Brotz man did not ha ve any matters to bring before Council. IS . Adjournment DSH A W MOVED TO ADJOURN . The meetin g adjourned at 8:40 p.m . . ~· PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: February 18, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES =.:NAN~E ___ ____.AQ.-..DR,1,,a;ESS-.. _________ -= ~3,-,.,,J-r u n yJ y.J,•'x/') E',,'\J:,1,s P,'v. ~~W4k~4~~ • • February 10, 2003 0 City ofEnaJewood City Council 1000 Englewood Parkway · Englewood, co 80110 This is to infonn you that l will be resigning my position on the Englewood Code Enforcement Advisory Committee IS of March, 2003, IS I will be moving out of the Metro.Area Respectfully, ~.d>W1- William G. Belt '.REC~H/EO FEl=122089-· COUNCIL COMMUNICATION Date Agenda Item February 18, 2003 INmAlfDBY 10ai STAFF SOURCE Subject Redistricting City Clerk's Office/Election Commission Frank Gryglewicz. Director of Finance and Administrative Services Loucrishia A EUis, City Clerk/Election Commission Member COUNCIL GOAL AND PRMOUS COUNCIL ACTION Ordinance No. 15, Series of 1999, adopted by City Council on March 15, 1999, established the current City Council District boundaries. RECOMMENDED ACTION The Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equalize the Council Districts. The Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council Districts. The Colorado Revised Statutes has a population provision which case law supports, even thoush the provision Is not specifically applicable to municipalities. The provision stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district The Election Commission is charged with reviewing and reconvnendlng redistricting to City Council. The Charter requires that redistricting be completed at least six months before the general municipal election at which it Is to become effective. The Election Commission retonvnends the following proposed redislrlctlng. Population ........ v ... Diltric:t (2000 Ce111111) (Dec-•arn, 2002) 1 8107 5165 2 7770 5158 3 7732 5095 4 8027 5347 Population % difference between hi8hest and lowest flal,re • 3 .8"11, Registration% difference between hithesl and lowest ftgure • 5.C)% The proposed redistricting mfftS bod! the J>OP'Mtion and reptered voter criteria. FINANCIAL IMPACT Minimal (cost of printing maps! UST Of ATTACHMENTS New City Council Districts: Option Two Memorandum dated January 21, 2003 from Loucrishia EHis, City Clerk Memorandum dated June 19, 2002 from John Voboril, Planner I Proposed biR for an ordinance •• • - • • \ • l I ( ==-' ( .-. -'-.... I l \ 1 j __ ./ ., .. . . ....... . .. latrict I II Ill IV • \, City of Englewood, Colorado New City Council Districts: Option Two (Spill PrKinct '1S •lon1 Kenyon) ,.::://~ ·~.-:_ ;· •• t :•,'1_;~~-:< _ ... 1:•~(?~\":;:J ~:'.:.. ~) .. -1.•hl ~;f:_ ':, D ----: .. 1·.,_ .. c::: I _\: ~-1,.' .. .c..~·-'.,_,-_ . ...,_ ,.,,. 100J 0 J.000 6.000 9(000 FNt stared Voters 5165 5158 7732 5095 8027 53J7 Red lncllcalea highNI and lowNt rtg,;,n. Populellon % owi.-~ llighnt and lowest llgu,. • 3.r'o Ragiatrallon % owi.-..._ higMal and lowNl llgu .. a 5 .0"'o ' • Memorandum To: From: Date: Subject: Mayor Bradshaw and City Council Members Loucrishia Ellis, City Clerk January 21, 2003 REDISTRICTING The Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equalize each of Englewood's Council Districts. The Election Commission is charged with reviewing and recommending reapportionment to City Council. The Charter requires that reapportionment be completed at least six months prior to the 2003 General Municipal Election. The Englewood Election Commission, at their January 9, 2003 meeting, reviewed the four redistricting options, as prepared by Planner I John Voboril, and they made the following motion: MEMBER REDPATH MOVED, AND MEMBER LAY SECONDED, TO RECOMMEND TO CITY COUNCIL THAT OPTION NUMBER TWO BE ACCEPTED. Ayes: Member Redpath, Ellis, Lay Nays: None Absent: Member Mulhem Motion carried . [Note: There is one vacancy due to the resignation of Member Holmberg.) Btd!ftdctlnq Gyklfllon , city ot Englewood Charter requirement (Artlclt m, Section ao> The districts shall be contiguous and compact. The number of reglstar9d voters should vary no more than 15% between the highest and lowest district. , Constitution of the State o1 Colorado requirement tArtlclf Y, Section 4§) The Constitution has a populatlon provision that case law supports, even though the provision is not specifically applicable to municipalities. The population of the districts should vary no more than 5% between the highest and lowest district. Add iti onally, we try to follow County precinct lines. Splitting County precinct lines increaaea the number of ballot types in a Mail Ballot Election, so this is also a cost issue. Counc il asked that we look at the possibility of restructuring Districts 1 and 2 by incorporating a split along Bro adway . John Voboril. Planner I, explains in his memo dated June 19, 2002 why he reached the conclusion that the Broadway split was not feasible. Addit ion ally , Charter§ 20 states that "districts shall be contiguous and compact and have approximately the same number of registered voters, as determined by the number registered to vote al the PflCtditA 9IOl(ll municipal election." Every attempt was made to obtain Iha ragiltered voter figures from the November 8, 2001 election. as requ ired by Charter. Due to the fact that the County was In the middle of r9-pr9Cinctlng and they had a new computer system that was not programmed to allow ma to get Iha bfeak-down I nNdad. we are using the City of Englewood registered voter figures as of Dacamber 13, 2002 . There wu a 3.29% incrHla in registered voters between November 8, 2001 and Oecamber 13, 2002. Attachments : Memorandum dated June 19, 2002 lrom John Vobofil, Planner I Four redistricting options • • MEMORAN D U M Date: June 19, 2002 To: Lou Ellis, City Clerk From: John Voboril, Planner I Harold Stitt Senior Planner Through: Subject: City Council Redistricting Scenarios Federal and Colorado State Law require redistricting for elective offices take place every ten years using U .S. Census data. Once federal apportionment and district boundaries have been finalized, the Arapahoe County Elections Office must redraw voting precinct boundaries accordin gly . In turn, local cities must conform their elected office districts as closely as possible to the county voting precinct boundaries. The City Clerk's Office and the Community Development Department have recently jo ined forces in order to develop new City Council district boundaries. The redistricting process must take four factors into consideration: 1 . Colorado State Law: District population should vary no more than S"lo between the lowest and highest district. and should be as reasonably compact as possible . .., Englewood City Charter: District registered vote·rs should vary no more than 15 % between the lowest and the highest district 3 . District boundaries should follow the county voting precinct boundaries as closelv as po ssible . as splitting county precincts increases election costs . 4 . The district boundaries a e reasonable, desirable. and satisf)ing to City Counci l, and are drawn in such a way as to not to prevent a council member from seeking re-elec tion in their current district. Ci t\ Counc il members ha\ e expressed the desire to seek a new set of district boundaries that de\ 1a1es trom the curren t pattern. Currentlv, City Council Districts I, II and Ill ,pan the entire leng th oi the City from east to west. City Council members hJ\ e 1nd1cJ te d tha t the\ reel a general dividing line along Broadway, through the ---·--. ---------------------- • t .. • • • Memorandum To: From: Date: Subject: Mayor Bradshaw and City Cou ncil Members Loucrishia Ellis, City Clerk January 21, 2003 REDISTRICTING The Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equalize each of Englewood's Council Districts. The Election Commission is charged with reviewing and recommending reapportionment to City Council. The Charter requires that reapportionment be completed at least six months prior to the 2003 General Municipal Election . The Englewood Election Commission, at their January 9, 2003 meeting, reviewed the four redistricting optiOnl, as prepared by Planner I John Voboril, and they made the following motion: MEMBER REDPATH MOVED, AND MEMBER LAY SECONDED, TO RECOMMEND TO CITY COUNCIL THAT OPTION NUMBER TWO BE ACCEPTED. Ayes : Member Redpath, Ellis, Lay Nays : None Absent: Member Mulhern Motion carried . [Note : There is one vacancy due to the resignation of Member Holmberg .) BtsUatrtcttna Gulclfllott , City ot Englewood Charter requirement (Articlt m, §tction 20) The districts shall be contiguous and compact. The number of r991ster9d votan should vary no more than 15% between the highest and lowest district. , Constitution of the state of Colorado requirement (Article v. Section 4§1 The Constitution has a populatlon provision that case law supports, even though the provision is not specifically applicable to municipalities. The population of the districts should vary no more than 5% between the highest and lowest district. • · Addit ionally , we try to follow County precinct lines. Splitting County precinct lines incre8188 the number of ballot types in a Mail Ballot Election. so this is also a cost issue. Counc il asked that we look at the possibility of restructuring Districts 1 and 2 by incorporating a split along Broadway . John Voboril, Planner I, explains in his memo dated June 19, 2002 why he reached the conclusion that the Broadway split was not feasible. Addit ionally , Charter § 20 states that "districts shall be contiguous and compact and have approximately the same number of reg istered voters, as determined by the number registered to vote at the PfFtdil!A QIOl[ll municipal election." Every attempt was made to obtain the regiltared voter figures from the Ncwwnber I. 2001 election. as required by Charter . Due to the fact that the County was In the middle ol 1'91)NCi1ct111g and they had a new computer system that was not programmed to allow me to get the bfeak-down I needed. we are using the City of Eng lewood registllt'ad voter figures as of December 13, 2002. ~ was a 3.29% lncreUe in regi stered voters between Novllf'nber 8, 2001 and December 13. 2002. Attachments : Memorandum dated June 19, 2002 from John Voboril, Planner I Four redistricting options t .. ,-, .. .. . • • 8 ii ti f I 1 1 1 I fl'I r ~~~ ii .. I ~ _ I~_ t._ 3il2! > ~2! glri ... ~ Ji li ti Jfl( {ii§! r ii }I ,ff J1'B ff a;~ r -... U " · .. 1i j .f ii . ! f r l ~r }I fl ~Jj 0 ,. 'f ! ~ r ;r i . fl f I [ !L~ -- 0 ·• • • 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado, hereby repeals and reenacts Title I, Chapter 5 , Section I, of the Englewood Municipal Code 2000, to read as follows : 1-5-1: COUNCIL DISTRICTS : A, Districts Described· Each dismct is Jocatgl in the State of Colorpdo and the County of AQpahoe Council Djstrjct No. 1 Council District No, 1 shall ioclwk! and he mmpriar4 of all that pgrtiop of the Citv IYWs northetlx and we,te:ly of the WUQWins dpqihpd Jigs;· Qssinoios at Jhc iolFJHFtiog of the ggrtqljpe pf Wat KEPYPP AYCPHE and the wptgly City I irnit IPIF pf EppJSW99¢ thcncs; FWFdx algng sai4 GCP1SfinG ofWgt Kepygp AyepYG 1A the iptggpctigg at Squth Brqadwax; thme; PPrtbsJx aim, Jhc r,mtG[Jinc of Squth BP4wu 1A the inJmsctigp at Eut Floyd AYEPYGi thSPEF wtqly aJogg the gegterlips pf F.ast flpyd AYGPYC tp the inteqectigp at Squth Qqwpips Sqgg: thPPf:F pqrthqly alms the rmse:Jins of Sguth Downin@ SISFI to its iotFPSEtion wiJh the porths;rly City Limit IP Council Disbict No 2 Council District No 2 shall include and he mmprised of all that portigp of the CUY Ivins northe:Jx and FISFdx of the foll2wins 4Fesri¥ line· BsriPPire • JM ipts;qpctiqp of the FISFdx nmlonsatiPP of the cqrtprlips of F.pt Kepygp AYCPMF and the CIISFJly Citv Limit liPF gf f,.pslewogd · thFPFS wFIIFJlx alPPB pid 5?CA1Cidipc gf F.pt Kppygp AYFPYC to the iPMiWi'itiPP at South Qrgadwav · thfflSS pprths;rly eJoos lM senP1ioe efSquth Brqadwav to the iptmcctiop at F.pt flgyd Axeaec· SbeJFS PIFdx algp1 the SGPtqliru; of ENI Flovd AYSPYF to the ipq;rsectiop at Sguth Dpwpips §qgt; thGPSG porthgly alons the centerline of South Qowpins SbJet to ill inWFEJiPP with the Q9Qherlx Citv I imit 1w. Council Di strict No 3 Council District No 3 shall include and he compriK4 of all that portigp of the Citv boYP<Jed bx the followins 4esGribs;d Jioc· Dcsionios at the iplSJF&tit1p of the FISFdx Prolonsatiop of the "NFCliPF o[ F.ast KCPYPP AYSPYC pl Pac PIFdx Citv I imit Jig; of Enslcwoo¢ then" wetqly a.lops aid smwlWF of F.pt Kmygp AYAYF to SN intersec tion at Sguth BP4wav · tbsoss FOOtiouios we,te:ly eJms 1M SSPWUPs of West Ksnvon AYSPYF tg its intFPSEtiAP with Pas wew;ty CiJY I imit IP pf fBslpwggd; thence southwsstCflv eloos Mi4 wgsggty Citv Limit liPS 59 ii iptpJpctyp with IN CCPtGrlins at West Oxford AYSPYC ' Sbce r,gtgly alqps yicl rmSSliPC eCW• OgfWJl Av enue to th e intmsstioo at South Pelew,a; Sqgg: tbsoss Rnbedx elms the SSPtqlipp 2 ' • I ·, • • 0( §outh Pe1awvs sm re IN inUm1ioo • w• &etma 6mm· Sbnn cnr:rbc elms Jhs mfrrtiPF qf Wgt §Se(qql 4YSIPKI !A IN ;,...,r, M 3PO Drwtimr 1heooe rl!be:lx elms IN RPJIPtipp pf Seefb Dme4ux MP te lettttt'rr • leM Bellcxisnr 4YSPMP" d!eooe rz 7 IY tkN llae __,,,, g(leef BePrdn AJfflW Ml a iPJmsctimJ with IN Cjty Jdrnll U9F,; Sbmst tHJSirdnc 1 1Y WMtedx *= pid Cjty I irnis iiPs 1P lhe immmiT pith ds ll'f'fTnS'rlP pf 1N lie A(leef leYlla 4mlVs MW ooim w Mrs IN Ppipt e(Beei.eitw Qumsil pjlJrist No 1 Introduced, read in full, and pused o.i fint readiq oa die I'* day ol ,..._,, 2003 . Published as a Bill for an OrdinaDc:e on die 21 • day of Fellnlay, 2003 . a.wrtr J. • a • • w.,. , I, Loucrishia A. Ellis, City Clerk oftbc City ofEqlewood, Colorado, hereby certify that the above 111d foreaoing is a true copy of a Bill for III Ordinance, introduced, read in fbll, and passed on fint reading on the __ day of 2003 . Loucrisbia A. Ellis 4 Date February 18, 2003 INmATEDBY COUNCIL COMMUNICATION Apncla Hem 10 a ii 5ubiect Ordinance Amending the Englewood Municipal Code Raising the Local, Upper pH Limit for the Wastewater Treatment Plant STAffSOUla Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL AcnoN None. RECOMMENDED ACTION The Water and Sewer Board, at its January 14, 2003 meelin11, recommended Council approval of the proposed ordinance changes to the Englewood Municipal Code approving a modification to the upper pH limit for industrial dis<:Nrges. BACKGIOUND, ANAI.YSIS, AND AlTEINA1MS IOIEN11f1ED The Pretreatment Division received a request from a permitted industrial faclllty to raise the local, upper pH hmitation from 10.0 to 12.0 . BelieYin& this to be a rea50Nble request. the Pretreatment DIYislon Initiated a p roject to study the effects !NI raising the upper pH limitation would have on lhe unitary sewer coRection y te rn . Ba e d o n the results and conclusions of this P'oiect. It is recommended that the local upper pH hm it be ra is e d fr o m 10.0 t o 12 .0 and excursions from the upper pH limit no lonpr be allowed. All industries that will be affected by the chanps were notified in December 2002. The new limit is less restri tive than the current one listed in the orclnance and wil be ~eflclal to Industrial usen with no negati ve impact the wastewater plant or collection system . This o rdi nance is necessary to amend the @l<isting Englewood Municipal Code. FINANCIAL IMPACT o n e . UST OF ATTACHMENTS Pro p o ed Bill I r an O rdinance • ORDINANCE NO . SERIES OF 2003 BY AUTHORITY A AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 2, PARAGRAPH (C), SUBSECTION (I), SUBPARAGRAPH (d) OF THE ENGLEWOOD MUNICIPAL CODE 2000 APPROVING A PERMITTED INDUSTRIAL FACILITY TO RAISE THE LOCAL, UPPER pH LIMITATION. WHEREAS, all industries that would be affected by the changes in pH limitation were notified and given 30 days to comment; and WHEREAS , the new limit is less restrictive than the current limit and will be beneficial 10 industrial users; and WHEREAS . the new limit will not have a negative impact to the wastewater plant or the collection ystem; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY FE GLEWOOD, COLORADO, THAT : Sccuon 1. Title 12, Chapter 2, Section 2, Paragraph (C), Subsection (I), Subparagraph (d) of the En,tcwood Municipal Code 2000 is hereby amended to read as follows: 12-2-2: GeHral Rec•ladon1 C. Specific Prollibltions I . (d) Any wastewater having a pH less than S.O or more than-lO:OJ...Q unless the POTW is specifically designed to accommodate any such wastewater, or wastewater h3vmg any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW t, e11eept that wain111 ~ 1,e 8f811lee fer e011 11111101111 Aew di~eharges whieh are H1e11ite,ed ee11tultie1111ly I,) at1le11Hltie fflenitePiBg eq111p1111111t. S11eh .. ai 1e111 fflBY l,e applied te pH e11elll'!lie11a .r.hieh are al,eve 19 pH 1111il8 11!1 set ra.ui i11 1he bittletefll:E11gleweed Waatewater Trealffle11t Piel peliey fer pH ell111t'llt liR1i1a1ie11s 1t11der ee11tt1111e1111 H1811tterillg er grail -pie H1e11ttel'illg fer ee 111i111181t9 diseharges . S11eh waivePS ffllllll alse 1,e itt eemplieee with all fede!Oi ,eg11l111ie11s &11d g11ideli11es . Sec tion 2 . Safety Clauses. Th e City Council hereby finds, determines, and declares that 1h1 , Ordinance is promulgated under the general police power of the City of Englewood, that it is promu lga ted for th e health , safety, and welfare of the public, and that this Ordin ance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The ity Council funher determines that the Ordinance bears a rational relation to the proper le g i lati ve object sought 10 be obtained . ' .. • • Sectjon 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 . Incon!istent 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 ~peal or modification, The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of lhe 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. fmlltv. 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 18th day of February, 2003. Published as a Bill for an Ordinance on the 21st day of February, 2003. Beverly J. Bradshaw, Mayor ATIEST: Loucrishia A . Ell is , City Clerk I, Loucrishia A. Ellis, City Clerk of the City ofEnglewood, 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 18th day of February, 2003 . Loucrishia A . Ellis 2 Date February 18, 2003 INmATEDBY COUNCIL COMMUNICATION Agenda Item 10alll Subfed Ordinance Changes Clarifying Current Sewer Rates STAFFSOURa Utilities Department Stewart H. Fonda;·Dlrector of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at Its January 14, 2003 meetln& reconvnended Council approval of the proposed ordinance changes to TIiie 12, Chapter 2, Section 3, Sections d and e of the Englewood Municipal Code, clarifying current sewer rates. BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIRED On September 16, 2002, City Council passed the original ordinance on first reading to increase sewer rates on Jan . 1, 2003. In this ordinance, four of the sewer charges were not listed under their correct Municipal Code paragraphs. The result was the charges for "Suspended Solids Per Pound," "Q volume 12/1000 Gallon Day of capacity," "BOD pound day of capacity" and •ss pound day of capacity" were listed under Municipal Code Section 12-2-38(8). "Suspended Solids Per Pound" should have appeared in 12-2-3d and Q Volume 12/1000 Galon Day of capacity," "Bod pound day of capacity" and "SS pound day of capacity" should have appeared In section 12-2-3E. This ordinance is necessary to amend the existing Englewood Municipal Code. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for an Ordinance. 3iacle r' 211111 r o-wac ~Wll i'-.Jy !'ff L'"iu, BY AUTHORITY ORDINANCE NO. SERIES OF 2003 MEMBER. ____ _ AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, PARAGRAPH B, SUBSECI'ION 8, ANO TITLE 12, CHAPTER 2, SECTION 3, PARAGRAPHS D AND E, OF TifE ENGLEWOOD MUNICIPAL CODE, CLARIFYING TifE SEWER FUND RATES WHEREAS, the amending ofTide 12, Chapter 2, Section 3, Englewood Municipal Code, will clarify the new sewer rates. NOW, THEREFORE, BE IT ORDAINED BY 11iE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I, Tide 12, Chapter 2, Section 3, Paragraph B, Subsection 8, is hereby amended to read as follows: 12-2-3-8-8: The following rates shall become effective January I, 2003 : SCHEDULE I In Cir, Cu,_,_,,.. &J1-q..,,.,.,,. FTat ' Ra. .\li11. Rate increase: Sewage Treatment Carge Collection system Charge Total: SCinDUUfl l11Cu, OisinctS-. IJillMt Quarrart,. F1tu Ra,e .Will. ;23.94 UU2 121 .:s H:l.50 119-31 U3.tl8 UUI 1.2 $1.0049 S0.1337 $1.1386 •. 64 kt.92 SCHEDUU tv 0..-..Ciq a.nets-. BiU.t Quarrart, ""' .. ·""" G0.15 313 .7-4 ~oo,le Home ?or il.,2 il.23 ~-04 17.32 333.84 £30 .i!! •~ r..aa Cruc Cammen~ ~ Lad~ •by......,. •ize1 ·,.. W .00 S30 .06 .i29. l8 S2U2 1122.-IO Ull.JI $30 .60 ir..S. '• i&ll .l O ...a.,;o '>44 ·•~ S.O.:!I UM.ii $1811.91 WI.-W k2.~4 383 .Lo 3,5.,;o ;.:ua .seca $308.UI uao.:12 Si.'.o. :r.o.oa :u:• :i166.:!0 ;i151 .:!6 U-16.70 .il.33.50 Mll.32 iNO.k 31.J.l.08 ~1.w.1 a ->266 .-10 >242.16 ;2:15_ H -i213.91 5111'7.IO SIN.SO U-Ml.90 1224. 70 .Wl.72 3'83.ll4 ~.:12 :k21.02 SU'711.II JL791.78 kn.~ k4 . .w ~.. i83t .::! ;;73e . .;s iNJ.5e *7.51 a.oeo.11 u.503.oa .tr.0.:!2 rroo.n .;• U.o62.:IO .U .51:!. 72 .SI . Mr.. l 2 il.33a..JI •. 112.00 :11.d07.31 U .5~.50 il.-lOl . .k ,,• $2.0'll.32 J2,I03 .o0 i2.J~4.:l-l '2.1.15 .12 •. :'IL:-0 Jl.910.-42 '2.W7.51 ~42 lO" >3 .79ti .92 j:J. IM ~2 >3 .a.u J 4 '3.040.51 Sl-l.07S.'4 il.UCll.olll 13.511.81 &3.:.'02.:!I :Vlirumum chaqes both inside .uid ,1utside the Cicy .in riiucy-one parcent •91'\) f1ac ~ charp f'or che customer clUI invoivtd. *' .. r11 ,, P.1*94 I~ ··zwww lfWllll ~-C oe i ap 888 ., i ·~ &) i F t ~ .. .. ; . • .. '. • • Section 2. Title 12, Chapter 2, Section 3, Paragraph D, of the Englewood Municipal Code is hereby changed to read as follows : 2-2-3-D : If any water or wastes uc discharged, or are proposed to be discharged to the public sewers, which waten contain the substances or possess the characteristics enumerated in subsection 12-2-28 above and, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waten, or which otherwise create a bazud to life or constitute a public maisancc, the City shaU also charge the following fees and take such cnfon:cmcot action in accordance with Section 12-2-6 of this chapter as the City deems advisable. Jbg Cjgy gn "'9 require payment to cover the added cost surcharae of handling and trealin& the wastes COlllidered as "industrial wastes" by imposing the following formula: SC SC Q 8.34 UCo (i) (ii) AOD - COD = BODs - UC. ss 200 300 soo Q x 8.34 [UCo (AOD) + UCs (SS 300)) annual sun:bargc in dollan and cents volume of sewage discharged to the public sewer in million pllcm per year conversion factor; 1 pllon of water to poundl Unit Charged for AOD in dollan per pound lfgm is lea than 3.0, then AOD=(BODs-200 mg/I BODs lfgm is greater than 3.0, then AOD = (COD-500 mg/I BODs Additional Oxygen Demand strength index in milligrams per liter Cbemical Oxygen Demand strength index in milligrams per liter 5 day Biochemical Oxygen Demand strength index in milligrams per lits Unit Cbarac for SS in dollan per pound (SO,G3:.l4) fll 0319) Suspmded Solids strcngth index in millipams per liter normal 80Ds strengtb in millignms per liter normal ss strength in milligrams per liter normal COD strengtb in millipams per liter The application of the above formula provides for a surcharge for BOD, COD and for SS . If the strength index of BOD, COD or SS is less than the buc number that is being subtracted from it, then there shall be no SW"Charge for that particular cateaory, nor shall there be a credit given to the total SW"Charge. Scctiog 3. Title 12, Chapter 2, Section 3, Paragraph E (1) is hereby IIDCllded to read as follows : t .• • • 1 • E. Industrial Cost Recovery (ICR): ·• • • 0 0 I. Industries affected shall be those identified in the Standard Industrial Classification Manual, (SICM) 1972 as revised, divisions A through I with the specific exc,:ption of those industries which discharge only nonprocess, segregated domestic wastes or wastes from sanitary conveniences. Affected industries will be classified as follows: a. Significant industrial users shall be monitored to determine strength levels. This shall be accomplished according to a pretreatment program established by the City. The results of sampling and analysis will be recorded in the utilities office, reported to the affected industry and reported to regulatory agencies per this current directive. b. Payment rates shall be computed for ICR customers based on the following basic capital costs of the Bi-City plant: Q (volume): ~ SS52 1 S PS 1,000 gallon day of capacity BOD: ~ $36 S7 PS pound day P[frlPIGllY SS: ~ $42 os per pound day of capacity. Section 4. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare oftbe public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. 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 6. 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 7 . Effect of repeal or modjticatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered , or made in such actions , suits, proceedings, or prosecutions. Section 8. Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of thi s Ordinance . ' .. .. • I .. • • Introduced, read in full, and passed on first reading on the 18th day of February, 2003. Published as a Bill for an Ordinance on the 21st day of February, 2003. Beverly J. Bradshaw, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk oftbe City of Englewood, Colorado, berd,y certify that the above and foregoing is a true copy of a Bill for ID Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 2003 . Loucrisbia A. Ellis Date February 18, 2003 COUNCIL COMMUNICATION Agenda Item 10 a iv " STAFF SOURCE Subject City Ditch License Agreements with RTD for fencing along the Southwest Corridor -Santa Fe INITIATED BY Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance of September 2, 2002 for the City Ditch Joint Use Agreement with the Colorado Department of Transportation. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval by ordinance at their February 11, 2003 meeting of the two City Ditch License Agreements with RTD. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Regional Transportation District (RTD) submitted two License Agreements for two locations where fencing improvements span the City Ditch. The fences wil be constructed in conjunction with the Southwest Corridor highway improvements along the City Ditch on Santa Fe from County Line Road to Prince Street in Littleton. Santa Fe is being widened to allow construction of separating medians and additional lanes to improve traffic safety. The License Agreements will allow fences to be c~tructed in Englewood's City Ditch right-of.way. The fences will be 8' chain link fences, which prohibit pedestrian access into the railroad right-of.way. Some p ortions of the existing railroad right-of-way and some portions of the City Ditch right-of.way overlap. En glewood 's City Attorney and the Utilities Engineer have reviewed and approved the two City Ditch licens e Agreements . FINANCIAL IMPACT RTD w ill fe nce and maintain the fences approximately 50 feet (25' each crossing) along the City Ditch at th ei r e p ense. LIST OF ATTACHMENTS O rd inance City Ditch lice nse Agreements ORDINANCE NO. SERIES OF 2003 BY AUTHORITY y."' '"i ' -. INTRODUCED BY COUNCIL 'f' MEMBER _____ _ AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD'S CITY DITCH RIGHT -OF-WAY. WHEREAS, City Council previously passed an Ordinance for the City Ditch Joint Use Agreement with the Colorado Department of Transportation; and WHEREAS, at their February 11, 2003 meeting, the Englewood Water and Sewer Board now recommends Council approve two City Ditch License Agreements with RTD for fencing along the City Ditch; and WHEREAS, the fences will be constructed in conjunction with the Southwest Corridor highway improvements along the City Ditch on Santa Fe from County Line Road to Prince Street in Littleton. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The two License Agreements for two locations where fencing improvements span the City Ditch on Santa Fe from County Line Road to Prince Sireet in Littlecon, attached hereto as Exhibit A and Exhibit B, are hereby approved. Section 2. The Mayor and City Clerk arc authorized to sign and attest said License Agreements for and on behalf of the City of Englewood. Attest : Introduced, read in full, and passed on first readina on the ts• day ofFebnwy, 2003. Published as a Bill for an Ordinance on the 21• day of February, 2003 . Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the forego ing is a true copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 181h day ofFebruary, 2003 . Loucrishia A. Ellis err;:: PITCH r,JCJN§E MiB5MN! nus AGUL'd.!NT. =•d• snd !Dttnd inco u of thia 194!.. day of Je,,.,....7. 20,gJ by and otioNNn tbe CITY OF ENGI.!WOOD. a m\lZUCllal cmparaaon al tbe Scare of Colorado. blNlm rlim'td :a u "!nslewood". and :J'I!& t .. 41-.tAI.. ~9'gt.~~C:.~ l>•)"T"tl<."T" 1490 8u.5 ;.J!c,~"T,' -~=-V;.;;U;;;;;;,,.;;c.D_.la::"';.::~::.:.:i:,.;.::o __ _..fJO~Zp ... z......_ ___ heru fWlllftci to u •!:.imuff••. WD113M, !nclawood wtdlout &111 war:am,, of ita title or iaranat wllaUOPW, benby app!Ofta a.._ that i.a planAed !or coaacruc1:ion CJ'IU die Cn,'1 ltqm.Of.Way b-tile City Ditch. d8ICftDlli OQ Exhibit A COIIIUW!f Oil OU (1) pap amcbad haftto and m.ada I part baned. [Liem-. i5 to provide Exluhit A -dra,riqj l. !qi.wood shall have w r-.pi to maiAcai4, ilmall, r.pair. remove or rei-ce UII Cit, DiCCb or aa.y ocher of ica facliuN or iulalladou 1ridain w lqlawood'1 Righc-0(-Way, "my time 1114 iD Neil-u tbe City daema ..-ary or con.,.muz. Eagwwood ra.nea tbe ucl'laift ript co concrol all -manes :md imwlationa. tn tbe tvei:i tba =-1DDuld iDteriln with any &Nn UN at tl:a City'• Right-Of.Way by :be Clty, tba Li..-lball. 11POZ1 nquen and u ita aola expanae. :aloc::ce , !'Hr.'IDP, or fflllOft ita mica IO u 1»t co iAcar!ln "'ith .lDJ' 1uch IJN, 2. AD.1 rwpaar -,r raplaceu:a,nt oi any !Acltwood iaaCallaiiom aaada aecNNrY, in tba op1mon oi!.aci1wood'1 ~ 2i Ctilieill becallN oltba co~ of tba r-or other appureaiwac umallaa.o11 cbenaf. lhaJl be aade at tbe tole upallN of tbe l.&ceDMt . 3. The nchca 1114 prmle191 cnmect in tma Liolue 111a11 a Nlljlct a,- qreeaema. lica11111 :llld/or etmia. recmdecl o, ~ au i.t lllall be tha ~·• IOle ~~ d.--dla lSIIIIDmoileiAI cloclmeDClor ~ -or iDaiallaaau.. .f . The ucen,ae W\lllln Ml =-poui!nlicr ol ••i,rnence of tha !lace. 5. It ia ,zp,...lr .111ftd ~c 1J1 -ot ~·• blNCh of 1111 al* wUlliD proama. w City may, ai :&a opcioa, !iaWll llltCiJ!c pwD ence tlwreot ar wa far damape :,wltiq trom such bnach. 8 . t." pea ailudoame11t o! an,y :ichc cir p~ blnm oulld. :Ila ricilt ai Lic:9UN :o that uienc ahall tanlliD&ce. 1. Ia P'UCAI ::i, aoova ~u&hol".aaon. lnciawood ~ die rips to mu1 !lal1 UM oi the 11ro11•~ ::voivaci u may !la~ or~ m :u operaQaQ ot tha ·M11t1r and :.r.-.paon .tire: and ,rnem IIIICia' a =at:rol of tlaa Cii)'. IN Wl'l'SESS Wlfs:R!OF. r.lw inacrumt11.t ua-. eucul!Cl u ~:Ila day au 7au h abaYe wnt:n. : H I •· ,I. A 1.Af IC* OF OUANTJ t IIS ·- 11(11 OUANflf'f '£0 Sf(Cl CA,SIHG IJACK[OI• 52 tr )(0 SfHL CASINC -20 lr "'"· Cl ass V I JACKED' • ]5 LF qcr . CLASS ·-J2 Lr COll Afll I [A CS ,115, SN(JIIIHO , A"fO tlltKF"ILL, f.S T"("" .. INO , SMO-"INO . 4NO ltACO'lll , .. SHU CASINO CJIC'SSf.S UNIOH "ACtrl C ' '"1101 llrfO TM( 11-.sr flUC .. S At W JZ5•21'1 , • "er c-.os cts 1HC vP'"' HtACkS u .. 11 •• n, JIC~ U I#' 115•JOt,. "" CPTf C LINtS I US sr"INJ ANO OWCSTI H(C l(O A"'O SuP•Cll't{O ttf lt'l N IC t OIIDINC[ •I IH Ulll II IES StJCH rROl(Cf IYI ICAS\MS SNAlL I[ 0 t.,t COS T a, OfNllllt CONIIU CT ll(lllk , Ill 80IIING l OCS ANO POIHQ.(S AO( IOIIII NC •-I llt'f t UH.4 90R( AHO J AU U l( ll• CASING UHO(lt [IISIING llvt ffllAU. t:°"'fllUCf AODlf 20 lF' 31-S1([L CASINC '/IA t'l'(N 1M.UC owe . SIH".tJ2M1 ,.,.. Of:' A,, 5, .. , ..... _, (l(W1 ,,.,., IC'fttwe•-• j ___ •_uw1 u.,., J, r11.1. ..,,,111 !~ o,,lf) -,-- "''"' J,o,,., -. .,Ll t ·p: -, """"" 1 'ClUUl"ff. Koo«• ,. ' L JftJ ..,,, • \, uro •••• :n11 111• ,,, .. !.,, r::nwa NID' •~WO wot,~ .. u .. • .......att , .. \t •• ,a IUlltlD ""''""~ •n N -•n i <t ••11 s WI'\ •111 -•1),(.l •Ul\ c) ...i.. ... _ a,~ ....... 1,,, .../--~ t f.c-..~ , .... u,.TC ~ ..... .,.,... ·""'' .. ""' , r .... c., »"""'.s ~C.~o,,~ c.., .. y h,~ '!. "'ffit~ L~..,,o..J UNO UfUU SIIICD OIMl! .. IS[, ~ --------...-.--.... ..---.,....-,,...._...,,,....., __ ..,,.,..,..._...,,...,....r,!!"'-'""11r------r---' .:l:,.,=-,;;.l..;_.,;;:_;="'.;. ... :___;:Oc;"..:d. --'b .0 --........ t; RID 4' ..,...._.,.,ll,.tK9t't , .. , .. , ... , .. UTILITY _ ....... .. ........... UT ll I l'f UTlllT PUN • A""ll!O-.-i ~ • "0 l!GM. fOUot :C« :!-<!. ,~·:::."'°r'Al. , " • ~;,(,lfA ilCN C,STIICT • -------'..;'~---<--;-..~=-"'"''.. ~-,.,, ,. / ....,.., CDUHS& /_' / DATE: _ _.,; __ .., 'DATE:----- LICIMOR: cm or INGLIWOOD APPllOV!D: Br.-------,~---Stewui touda. Dirlorol' CITY OF ENGI.iWOOD •ctmr tbroqh and bJ ill Waser aDli S.-loud -2- .:. c;:rr PIT~H r .tCENSE AQRHM!NT THIS AGllEE.'dE~T. :Jlade snd •ncer,a into u oi thia 'lO<!. day oi ) ............. i( 20~ by and oet-..,Hn the CITY OF ENGu.""WOOD. a mumcipai ccirpaNl:ian ill the Scace ~f Colorado. harem nientd ::o u "Enciewooci", ud .,,,,. ( .. 4,..,., ... ,_ "'Tt.'oN.StCll"TII.T!Q.J l>•)Ttl c.. T' 1«<99 'l'-"'14& :tJ!c""-"T, --=~=-'ot•Q..,..,c.i)=.;.l..:>;;.~=:.aab.a:O,-_ _.Se._.,ZQ.....,i-=-----heniA rwernci to U "Ul.lllff", W'DU;\S, Enclewooci witbout UIY wan-amy ofi:I title ar illtann whaiaoever. hereby &llPravtt a Inca that ia planzied !or comcruct:ion o,,er the City'• Rislu-Of-Way mo -:he City Ditch. dNcribecl on !&bibic ·"-comiatin1 on ane (1) pap attaehad hereto aACi mada a pan btnot. [LicenNe is to provuit Exlubic A -clra,riq] l. Enclewood shall have th• r'.Jhc ta mam:w. ui,iall, repair. remove or :elcc:ac. t111 City Oig:n or aey other oi ica facliu• or iuWlaaana widwl !he inflawood's Riche-Of· Way, ai any time 111d in Noh mamiar u the City dHm, MCIIIIUY or c:onnaw~ '.::.a¢ewood resenes the acluaiff ript to control all -menca and iDAallatiana. In the event the fenm 1A11wd. ini:erme with any fut11re uae of tha Cicy·~ Ri(ht·Of-W1y by tht Cicy. the I.ic:a-mall. ~an request and ~c ica aala exp111.N. reloc:sce. reurance. ar relllOV9 ica !ci:e iO 11 not to interfere "'ith any such 111e. 2. Any repaar or nplaco!lleat oi uy !Ac!twood iDliallatiom made IIKNNl'7, ill th.I OplDlall of E.:i;itwaad'J .Dinaar a£ l!tiliei• becallN of me ca~ ai the fence or ocher app-c iDatallaaoa .benof, 1hail be m.a4t at the IOI• u:pena oi :lw t..ceuee. 3. The richta and privilttN cramad in tbil t.iceme IDUl be ,ubject to ;iri.or apeemema. licanan udlor crana. recardtd or W1nCOrdeci. ud it aall be tlw t.iamlN'1 sole l'ff1IOll,lilrity -.o decenaiAt the umence al uid docllmema or co'llllic:mic IINI 1)1' iAltallacam. 4. Tht Llc:IDaH wumn ail reepaiwbility al 'Jlai11tene-ot :be lienct . 5. It i. ezprual:r .s~ :hat 111 cue oiLlctnNe'I breech af 1117 ol:ba Wldl.ill ;,romJ.1U. :ha Cit)· may . 1t :'8 opcion. bave ll*dc: p.narllWICI ,;hen«. or sue far damaps l'H\UWll from_~ bnach. 6 . C: po11 ~udc:amen: oi sny :ttiit ar prml.ep aerem cructd. :ha :ifh: Jt !.icezuee :o that •xient lh.&il cwmiD&ca. 7. In ~ :!i, .silave :iut!:.:>r~con. Enrlawood ~ :he richt to ::au Nil u.. a{ CAI prop•~· involved. u :aay lie ~ QI' Clllllfflll8DC in :bl o,en=ia oi tee wimr 3'ld :=peon <iit= &Ni l)'fflm \IIMiar flit com:rvl o£ :lit Cii,o. IN WITSESS WH~!U:OF. t.!us uatr·~=·~; ua >NII IUC'~cad .. "fw day w year h aboTe wriaen. • )( 14 I • I T B .. t • • 'OATS : ___ _ I.JC!NSD; ·~Cm~ c,,.,. ,ice. w . ,,,,,...s, ,,~ Q-,Ael..+I )"\,tl'A<;t,- LICENSOR: CITY' or INOLIWOOD APPROV!D: By: _________ _ Stewar,; !'ouda. Dinc:mr cm or BNGLiWOOD ICdnr =oacll 111d bJ iai w .... ads.-load -2- l(alMC P -lr lUY• SJH ,I @ ~c< s~ ...... s £.... .... _.., .. C.,•y ~T't..M (!. "''~ La..A~o.J RID ................. ,~ . ........... , .. _. ...... -.•. ,. ... SU, LINC SEGMENT 1 200+50 10 SIA. 210•00 UTIL;n--- UT IL ITT UYQII l'UN ... t .• Date February 1 8, 2003 COUNOL COMMUNICATION Agenda Hem 10 a V STAFF SOUia Subject Centennial Water Supply and Facilities Agreement INfflATEDBY Utilities Department Stewart Fonda, Director of Utilities COUNOL GOAL AND PIMOUS COUNOL ACTION Prior Water Supply Agreement with Mission Viejo dated November 3, 1980. Centennial Water Supply Temporary Agreement dated December 1, 1997. RECOMMENDED ACTION The Englewood Water Board, at their January 14, 2003 meetin& recommended Council approval of the Englewood-Centennial Water Supply and Facilities Agreement BACKCROUND, ANALYSIS, AND ALTERNATIVES IDEN11flm The City of Englewood has leased its surplus raw water to the Centennial Water District for over twenty years. The parties have found it mutually beneficial to rewrite the agreement The essential provisions of the new agreement and a comparison tp the old agreement are contained In the executive Summary attached hereto. It should be noted that the agreement becomes effective January 1, 2003, and that aB provisions of the agreement are retroactive to that date. FINANCIAL IMPACT The value of the water and facilities leased is presented in the Executive Summary. All unit prices and rental rates are adjusted annually on the basis of the consumer price Index or by appraisal . LIST OF ATTACHMENTS Proposed Bill for an Ordinance Ex ecutive Summary Englewood -Centennial Temporary Agreement 1 (J 159.1 BIC Joe T-Wood/M.u1iD ud Wood W-C-lb!CI, lac. 1/9/2003 An Executive Summary of the._.. EDpwood/CentennlaJ •water Supply and FadDlles Ap"eemmt· The 1980 agreement contained two primary features, both of which led to conflict between Englewood and Centennial, and both of which are addressed and resolved in the pending agreement. First, the 1980 agreement provided that Englewood would provide Centennial with 1,500 acre-feet each year of hi&h-priced ghcdyJed water, to be delivered to Centennial on a set or scheduled monthly basis. Then, to the extent that Englewood had water available for Centennial in excess of the various amounts of monthly scheduled water, Englewood would deliver additional water (qllgd unscheduled water} to Centennial at a lower price. Conflicts developed between the parties as to whether the l,SOO acre-feet of scheduled water was an absolutely firm, guaranteed supply for Centennial. Second, the 1980 agreement provided that Englewood would utilize 900 acre- feet of Englewood's storage capacity in McLellan Reservoir so as to provide herself with the ability to firm up the delivery to Centennial of the 1,500 acre-feet of scheduled water. The conflict which arose here was Centennial's contention that En&lewood had effectively leased these 900 acre-feet of storage capllCity for Centennial's exclusive use, i.e., that these 900 acre-feet of storage space were for Centennial to store its own Wll,ter, A Comparisog of the lrirnaa Fgtgres of the 190 Am,mmt and the frg(lfmr Amm,cnt The pending agreement will do away with the l,SOO acre-feet of scheduled water and the 3,SOO acre-feet of unscheduled waler, and it docs nm require Englewood to deliver any set amount of water to Centennial in any year. ,Thus, the pendin& agreement docs away with any notion that En&Iewood is to provide Centennial with a fum supply of water. Rather, the pending apeement requires Englewood at all times to determine if she has a water supply surplus to her own needs, and if she has such surplus, to make it available under certain terms to Centennial. The pending ain,ement sets up a threc-tiaed price for the water to be supplied to Centennial -high priced water, medium pric:ed water, and low priced water. Within certain monthly limits on how much water Centennial is required to take and pay for, Centennial must take all high and medium priced water offered by En&Jewood. Centennial is under no obligation to take or pay for low priced water. Beainnin& in the year 2003, high, medium and low priced waler will be IOld to Centennial at $337, l • • 159.11/C Joe T-Woad/Mutla ..S Wood W*' .._,.,,., IM. . ll9IDS year 2003, hip, medium and low priced WIier will be IOld ID Cadeanial at $337, S17S, and S99 per acre-foot, i:espectmly, acalllM annually on the basis of a Consumer Price Index (•CPI•). As to the 900 acre-feet of storap pmioully in c:ootlict, P.n&inood will annually leue it to Ccntmnia1, for Centemlill's aclusM ue, for $233,500 in 2003, eacaiated annually by the CPL Further, the pending apeement includes Eqlewood's expas annual lease ID Centerurial of her smplus flow c:aplCity in the City Dilcb and in the Nevada Dildl. EnsJewooc1 will ncehe fmn Centemlil1 S3S,000 in 2003, -=slated IDIIUIIJ.y by the CPL In addition, Bqlcwood's smplus c:apacily wbidl is leued ID Centemrial is Id forth dmly in the pending agreement by c:reatian of a Id of priorities of who pis to use City Ditch c:apacity, which will avoid anolber c:onflic:t .,,,mm, &om the 1980 apeement. The pendin& qreement is a performance bued apement whereby Bnpwood is rewan1ed by her aood performance in proYidina her smp1us water supply to C'.ffltmrrill. As Ion& u f.n&lewood c:ontinues to supply a ·aooc1· amount of water to C'.ffltmniai m II IQDYll !alia, Centemrial will pay EnaJ,ewood men IIIOlleJ for the hip and medium priced water. If P.n&)ewood's delivay to Cffl1wrial falla in a pen year, U compued ID the last ten years, Bqlewood will be paid leu far hip priced Wllllr far the DGt ten years. This explanation is admittedly incomplele, abboup paeally accurate, u it fails ID include the foUowin& apJanation of lbe two pdamy and inlemlued fealuns of the pendin& ap....i. nae two featmea me termed the 11uesbold and the 'Iblesbold Buffer. The 11uesbold repraenll the ma'drm annual amount of bip priced water to be sold to Centennial. It is cak,ilated eady in Januuy of Cldl yar far the forthcomina year. bued Oil JllfflOUI years' delivery of WIiier to Centwrial Tbo 11nlbold is, however, initially Id at 1,600 acre-feet far die year 2003, and it is allo Id at 1,100 acre-feet far 2004, 1,800 acre-feet far 2005. Tbae initial-yem 11uabold IIDOUDII of 1,600, 1,700, and 1,800 acJe-feet are beneficial to Eo&Jewood, if Enpwood can deliver theae amounll of water in the initial yem of the apemnent, becaUle Bnpwood will be paid at the hi&b-priced rates for deliwries of tbele amounll The 'Iblesbold may incnlue only if tbe minhmua amual deliwry far the precedina ten years exceeds tbe pNYioul year's 'l1asbald, and, if m, die new Threshold for the currmt year will become lbe fflininua wl deliwry fftllll the previous ten years. In Giber words, Bnp,wood will be ....... far• pdxmance by inc:reuina the CUl'lllll ,-r1111nlllald (Le.. 1111 liaia far ....... priced ....,, ii she builds up I aood recmd of deliwry ftlr .. plll Ila ,-S. 2 1 ·• • • 159.1 EiC Joe Tom Wood/Martin and Wood WIIDr Conlullaall, Inc. 1/9'2003 Toe Threshold can also be reduced if Enpewood fails over a period of time to provide water to Centennial, but the Threshold Buffer is provided in order to minimize or slow down a reduction of the Threshold. Toe Threshold Buffer stems from the 1980 agreement. It is, in fact, an imuinary 900 acre-feet of storage capacity in McLellan Reservoir which is used to minimize or at least slow down any reduction to the Threshold. It works as follows. At the initiation of the agreement, presumably January, 2003, the amount of water in the imaginary 900 acre-feet of storage in McLellan Reservoir, i.e., the amount of water in the Threshold Buffer, is set at mo. To the extent that Englewood delivers to Centennial an amount of water in excess of the Torabold in any ytar, that excess is deemed to be stored in the Threshold Buffer. For example, and referring to Exhibit D of the pending agreement, with the year 2003 Threshold of 1,600, if Englewood were to deliver Centennial 2,000 acre-feet in 2003, the amount of water in the Threshold Buffer at the beginning of 2004 would be 400 acre-feet. Toe amount of water in the Threshold Buffer is capped at 900 acre-feet so that it acts just like a reservoir with only 900 acre-feet of storage space. Again referring to Exhibit D, if Enpewood then in 2004, with a Toresbold of 1,700 acre-feet set by the agreement for 2004, delivered 2,200 acre-feet to Centennial in 2004, the Toreshold Buffer would be increased by SOO acre-feet, to 900 aae-feet, for the beginning of ytar 2005. Then, in 2005, with the Threshold set by the agreement at 1,800 acre-feet for 2005,. if Englewood were to deliver 2,500 acre-feet to Centennial in 2005, the Threshold Buffer at the beginning of 2006 would slill be 900 acre-feet ( •900 acre-feet from the beginning of 2005, plus 700 acre-feet far 2005, equals 1,600 acre-feet, but the cap is 900 acre-feet, so the tluesbold buffer for the beginnina of 2006 remains at 900 acre-feet). So how is the Threshold 8uffer reduced? Referrin& to year 2018 in Exhibit D, the Threshold for 2018 is 2,400 acre-feet, and the Threshold Buffer for 2018 is 900 acre-feet . But Englewood only delivered 1,200 acre-feet to Centennial in 2018, or 1,200 acre-feet less than the Torcshold of 2,400 acre-feet. The 900 acre-feet in the Threshold Buffer in 2018 is used to minimize the reduction to the Threshold for 2019 by buffering Englewood's under delivery of 1,200 acre-feet in 2018 . The Threshold for 2019 still decreases in 2019, but by only 300 acre-feet (the diffen:nce between the under delivery of 1,200 acre-feet in 2018 and the 900 acre-fed available from the Threshold Buffer. If it weren't for the Threshold Buffer of 900 acre-feet for 2018, the Threshold for 2019 would have been reduced to 1,200 acre-feet. The second result is that at the begiMinl of 2019, th= is zero acre-feet in the 1bJabold Buffer. 3 ' -... .. . ' ., j • • 1'9.l B/C Joe T-Woad/Mulia ad Wood w ..... C:-....... , IDO. . J./9l20QJ It must be noted, and it must be understood, that if a reduction to the TbresboJd does occur, this mluced 'Ibleshold cannot be increued for the next tm years. This provides Englewood with a peat incentive to muimize the supply which she provides to Centennial. Theae primuy provisions of the pendin1 apement rewud Bnpwood for a continuation of her good performance while 'pmvjdina fllirnea to Centennial for Englewood's lack of good performance. The pendiJII apement contains other provisions benefic:ial to Bng)ewood. These include Ena]cwood's option to participate in the ccmtruction, coat, and 111e of facilities which Centennial may cllOOle to construct to increue the ability to divert water to McLellan Reservoir or to City Ditch. Similarly, wida respect to City Ditch and the City Ditch Pump Station, Enalewood may pay for and acqun fiom Cademrial any improvements to the capacities of same which Centemual elects to comtruct. Also included is the provision that if Centennial or Bnatewc,od commences an eminent domain proc:eedina to condemn the other's water rights or capacity in a warer structure, the condemnee may terminate the apeemenL . ORDINANCE NO. SERIES OF 2003 BYAUTIIORITY INTRODUCED BY COUNCil. MEMBER AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER. WHEREAS, Englewood and Centennial Water District have bad a "Water Supply and Facilities Agreement" since 1980 by which the City bas leuecl raw water to Centennial; and WHEREAS, there is a need to create a new agreement to reflect changes in conditions and to clarify the duties and benefits of the parties, u well u the amount and price of water which the City of Englewood will supply to Centennial. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council of the City of Englewood, Colorado, hereby adopts the Intergovernmental Agreement with Centennial Water District, which A,reammt ii on file with the Englewood City Clerk. Section 2, The Mayor and City Clerk are hereby authorized to sign and aaeat said Agreement for and on behalf oftbe City of Englewood, Colorado. Attest : Introduced, read in full, and passed OIi tint readina OIi the I~ day of February, 2003. Published as a Bill for an Ordinance on the 21• day of February, 2003. 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 1s• day ofFebnwy, 2003 . Loucrishia A. Ellis WATER SUPPLY AND FACILITIES AGREEMENT TABLE OF CONTENTS J . Recitals 2. Prior Agreements Revoked 3. Sale and Purchase of Water 3.J Sale and Purchase 3.2 Definition of Surplus Water 3.3 No Englewood Obligation to Change Water Rights or Constru ct Facilities 4 . Availability of Surplus Water; Compliance With Charter; Right 10 Settle Litigation 4. l Availability of Surplus Water 4.2 Englewood Charter 4.3 Englewood 's Right to Settle Litigation S Englewood to Make Good Faith Efforts to Supply Surplus Water 6. Non -liability of Englewood for Monetary Damages; No Quality Warranty 7. Areas to be Served 7.J Centennial Service Area 7.2 No Violation of Englewood Decrees 7 .3 No Liability 10 Third Parties Within Centennial Service Area 7.4 No Liability Outside Centennial Service Area 8. Pricing of Water 8.1 Introduction to Pricing of Water 8.2 Definition of Terms 8.2.l Offered Water 8.2.:? Deliv ered Water 8.2.3 Obligated Water 8.:2.4 Untaken Water 8.2.5 Contract Water 8.:2 .6 Annual Contract Water 8.2.7 Thre shold 8.:2 .8 Ten-Year Average S.3 Alloc:i tio n of Surplus Water to Categories SA Calcula uon of Thre shold During Threshold Init iation Period 8.~. l Ca lculation of Threshold P 'daanas\AGMTS'2003WatltfFacli,unSupply~doc 8.4.2 Refund of Payments During the Threshold Initiation Period 8.5 Calcula~ion of Threshold After Threshold Initiation Period 8.5.1 Definition of Additional Tenns 8.5.2 Calculation of the Threshold 8:5.3 No Change in Threshold 8.5.4 Reduction in Threshold 8.5.5 Increase in Threshold 8.6 Single-Use Water and Reusable Water 8.7 Purchase Price for Water 8.7.1 High-Priced Water 8.7.2 Medium-Priced Water 8.7.3 Low-Priced Water 8.7 .4 Reuse Rights 8.8 Example Calculation 9 . Centennial Payment Obligations 9.1 Payment for Obligated Water 9.1.1 Monthly Limits on Amounts of Obligated Water 9.1.2 Delivery Rate Limits 9.2 Payment for Non-Obligated Water 10 . Place and Measurement of Deliveries; Pumping Costs: Notification IO . I Place of Delivery and Measurement 10.2 Pumping Costs I 0.2.1 City Ditch Pump Station 10 .2.2 South Platte Reservoir Pump Station 10.3 Notification by Englewoooof Amounts Available for Delivery, Response by Centennial 10 .3.1 Operational Notice 10 .3 .2 Planning Notice 11 . Measurement Devices, Rccordkeeping, Billing and Payment 11 .1 Centennial Measurement Devices and Rccordkecping I I .2 Englewood Measurement Devices and Rccordkeeping 11 .3 Annual Accounting and Calculations 11.4 Reconciliation . Billing and Payment 12 . Amendments to 1977 Ranch Creek Lease 13 . Physical Facilities Lease P·ldlana1V.GMTS\2003W aterfacilitieaSupplyAgNemlnl.c1Dc: ii 13 .l Grant ofl.ease 13.2 Englewood Physical Facilities in Which Capacity Is Leased to Centennial: Use of Same 13 .3 Mclellan Reservoir 13 .3.l Detennination of Capacity of Mclellan Reservoir 13.3 .2 No Reduction in Payment Due to Siltation 13 .3.3 Removal of Silt, or other Restoration of Capacity, Perfonned by Englewood 13.3 .4 Removal of Silt by Centennial 13 .3.5 Reduction in Storage Capacity by Causes Other Than Siltation 13.3.6 Drainage for Operations or Repairs 13 .3.7 Losses from Seepage, Evaporation, Failure of Facilities and the Like 13.3 .8 Storage By Either Pany in Capacity of Other Party 13 .3.9 Addition of Substances to Mclellan Reservoir 13 .3 .9 .1 13 .3.9.2 13 .3.9.3 Coordination Pennits Recommended Practices 13.3 .9.4 Fines, Damages, Fees 13.3.10 No Effluent Directly Into City Ditch or Mclellan Reservoir 13 .3.11 Records. Accounting 13.3.12 Lease Payment for Use of Mclellan Reservoir Capacity 13 .4 City Ditch Facilities 13 .4.1 Detennination of Capacity 13 .4 .2 Existing City Ditch Agreements with Third Parties 13.4 .3 Priority to Use of Capacity in City Ditch Facilities 13 .4.3.1 City Ditch Water Rights and Englewood Reversionary Capacity 13 .4.3 .2 13.4 .3.3 13 .4 .3 .4 13 .4 .3 .5 Englewood's Boreas Pass No . 2 Ditch Water Right 1948 Mclellan Reservoir Storage Right Paid Deliveries Water Other Englewood Water Rights and Contraet Water 13 .4 .3.6 Centennial Water Rights and Contraet Water 13 .4 .4 Englewood Not to Make Additional Transfers of Capacity In City Ditch Faciliues 13 .5 Nevada Ditch 13 .5.1 Nevada Ditch By Laws and Englewood Capacity 13 .5.2 Englewood Not to Make Additional Transfers of Capacity In Nevada Ditch iii • ' • • 13.6 Englewood's Nevada Ditch Capacity Delivered at City Ditch 13 .7 Lease Payment for Use of Capacity in City Ditch Facilities and in Nevada Ditch 13.8 Payment of Annual Operation and Maintenance Costs as Additional Lease Payment 13.8.1 Ci1y Ditch Operation and Maintenance Costs 13.8 .2 City Ditch Pump Station and Pipeline to Mcl..ellan Reservoir and Discharge Facilities from Mcl..ellan Reservoir to the South Plane River Operation and Maintenance Costs 13.8 .3 City Di1ch Pump Station Electrical Pumping Costs 13.8.4 Nevada Ditch 13 .8.5 Billing and Payment 13 .9 Control of Operations 13 .10 Timeliness of Repairs 14 . Grant of Easements to Centennial 14.l Specific Instrument 14 .2 Loca1ions 14 .3 Term and Type 14 .4 Purpose and Scope 14.5 Route Selection 14.6 Reasonable Standards 14.7 Limi1ation on Obligation to Grant 14 .8 Limi1ation on Locations and Standuds Selections 14 .9 Englewood Relocation and Reconstruction 14.10 Exclusions 15 . Englewood's Option to Participate in the Construction and Use of New Centennial Facilities 15 .1 Notifications 15 .2 Design and Englewood Participation 15.3 Englewood Payments 16 . Capital Impro vements to City Ditch Facilities 16 . J lmprovemen1s 10 City Ditch and/or Englewood City Ditch Pump Station 16 .2 Separa1e New Facilities on City Ditch 17 . Capi1al lmprovemen1s 10 Nevada Ditch Facilities 18 . Adjustment of Payments IS .I CPI Basis for Adjustments P:\diana11AGMTS\2003W111ff 1CihbHSuppy~dllc iv • t ; • • I 8.2 Appraisal Basis for Adjustments 18.3 Instructions to Appraiser(s) 18.3.1 Storage Capacity in Mclellan Reservoir 18 .3.2 High-Priced Water 18.3.3 Medium-Priced Water I 8.3 .4 Low-Priced Water 18 .3.5 Reuse Rights 18.3 .6 Paid Deliveries Water 18.3 . 7 Lease of Facilities 19. Centennial Right of First Refusal to Purchase Englewood Water Rights or Raw Water Facilities 19 .1 Englewood Raw Water Facilities 19.2 Procedures 20 . Mutual Cooperation 21. Reversion of Leased Water to Englewood 22. Default and Remedies 23 . Notices 24. Assignment by Either Party 25. Binding Effect 26. !'lo Third Party Beneficiaries 27 . Entire Agreement 28. Modifications in Writing 29. Severability 30 . Applicable Law 3 I . Headings and Captions for Convenience 32. Term and Renewals of Agreement 32. I Term of Agreement 32 .2 Initial Term 32 .3 Renewal Options 32.4 Procedures for Renewal 33. Condemnation 34 . Counterpans V LIST OF EXHIBITS Exhibit A Payments Due from Centennial to Englewood Exhibit B Outside City of Englewood Water Service Areas Exhibit c Centennial Service Area ExhibitD Example Calculation Exhibit E Water Delivery Measurement Points ExhibitF General Features Exhibit G 1995 Englewood/Cyprus/Denver Agreement Puapaph 3.3 • .5 Exhibit H Englewood Physical Facilities in which Capacity ia l.eued to Centennial Exhibit I Agreement between Englewood and Denver dated October 3, 199.5 I Exhibit J Agreement between Denver and Littleton Cemetery Association dlled May 23 , 1933 P·10,1nas1A GMTS\2003W1ler1'1C It 11Supply~clac vi -- 1 WATERSUPPLYANDFACILITIESAGREEMENT 0 [J. This Wat.er Supply and Facilities Agreement ("Agreement") ii made effective this 1• day of January, 2003, between the City of Englewood, a municipal corporation under the laws of the State of Colorado ("Englewood''), and Centennial Wll« and Sanilllion Diltrict. a quui- municipal corporation under the laws of the State of Colorado ("Centmnialj. 1. Recitals. 1.1 Englewood and Miuion Viejo Company, a California corporation ("Mission'') enla'Cd into an agreement daled November 3, 1980, entitled Wra:, Supply Agreement (Englewood-High]anda llanch) ("Water Supply Agreement"). Million's ripll and obligations under the WIiler Supply Agreement wen: aublequently ttllllfemd to Centennial. The Wattr Supply Agreement, in general, providca for the sale of war« by Englewood to Centennial, and various ancillary and related matters. 1.2 F.nglewood and Centennial are also parties to a Memorandum of Undemanding dated May 24, 1990, a second Memorandum of Undenlanding dated June 7, 1990 and an Englewood-Centennial Temporary Agreement dated January 5, 1998 (collectively, with the Water Supply Agreement, the "Prior Agreements"). 1.3 F.nglewood and Centennial desin: to terminate lhe Prior Agreementa. and to enter into this Agreement for the sale of water by Englewood to Cenllllmial, lhe lcaing of a portion of the capacity of c:enain Englewood water storap and deliwry facilities to Cenlennia1, and various ancillary and related matters. l.4 Eqlewood and Centennial are a1so pmtiea to a Water Leaae and Management Agreement dated August 3, 1977 ("lm Ranch Cleek Lealej which WU originally entered into between F.nglewood and the City of Tbamton. 1bomton aublequently assigned its interests therein to Cenlennial. F.npwood and Centeanial dlllue to amend paragraphs 21 and 22 of the 1977 Ranch Creelt I.ease. NOW, THEREFORE, in consideration of lhe premiaea and the mulUal agreemenca and covenants hen:inafter contained, the parties agree u follows: 2 . Prior Agreements Revoked As of the effective date, lhe Prior Apeemena are revok.ed. and are of no further force or effect except for any payments from Cenmnnial to Englewood which are presently due, which are lilted on Exhibit A henlto, and except that there are presently 348 acre feet of water stored in the 15 .15 percent oflhe storage ClplCity of Mcl..cllan Reservoir hereafter referred to, which water belongs to Centennial, and there are presently O acre-feet of water stored in 111<:h 15.15 percent, which water belonp to Englewood. Englewood will withdraw its water therefrom as prompdy as practical, and if Centennial hu water which it can store in such 15 .15 percent prior to the withdrawal of the l!n&)ewood water, .-.. .. • • . , t • • -· 0 - ;3o~+7a1+04a7 then to the extent of such Centennial water, the Englewood water shall be booked over to Centennial. 3. Sale and Purchase of Water. 3.1 Sale and Purchase. Englewood agrees to sell all of its Surplus W1111:r to Centennial, and Centennial agrees to purchue some or all of that water from Bnglewood, under the terms and conditions set forth in thia Agreement. The term "Surplus Wat«" is defined in paragraph 3.2. 3 .2 Definition of Surplus Wg. Surplus Warer far purpoaea of this Agreement is that water available to Englewood under its decreel and conaw:t.a which. from time to time, exceedl the amount nec:esaary for the needs of (1) warer uam within the munic:ipal boundaries of Englewood, including thole reaulting from lands annexed into the municipal boundaries of Englewood after the date of this Agrccmcnt. (2) lbOIO penom, areas OI" entities other than Centennial which are served by Englewood oa the dare hereof, which are delcribecl oa Exhibit B hereto, and (3) thole areas in the vicinity ofl!nglewood's municipal boundaries to which Bng)ewood elects to provide treated water; provided. however, lhat Englewood abal1 not sell treated water outside the Englewood municipal boundaries to a "wboleuler'', i.e., Englewood shall not sell treated waler outside its municipal boundaries to m entity which doea ·not itself U9e the water but instead resella the water to the actual uam. Periodically throughout each year (")ur" in this Agreement means calendar )'Im), F.nglewood shall delermine how much, if any, Surplus Water it hu available. 3.3 No &gJewood Obliption to Qenn Water Bi• er CggfDlil FICiliJiel. Nodlina herein ahall oblipte F.nglewood to brina any proceedins to c:lsmp my w1111r dpt. or to build any delivery facility, or to COllltlUct any well. Centennial aball not incJude any BaaJcwood WIiier right in an application filed in water court by Cenrmmill without 1bc prior wriaa c:omeat of Englewood, which may be withheld without came. 4. A vaiJability of Surplus Watq; OmJpljanc;e With <Jwwr; Riflht JO Seule Litjption, 4.1 Availability of Syrplya WlfC(. BnaJewood hu Surplm W11rr • ol tbe date hereof, but may not have Surplus W aJ/:tr in the future if Englewood'• populalion powa • anticipated, or if~ is severe and prottacted drought. or if other advene circumltancel develop . Centennial is given no 111urance that Bqlewood will continue to have Surplus w ... Englewood shall have the right. in its IUIOllable dilCllltioo, to illllmlpl. reduce or elimiNIB delivery of water to Centennial under this Agreement whenever and to the u1111t Bnpwood does not have Surplus Water. 4 .2 Englewood Charter. Thia Ap,,ement is subject to, and ii made in conformance with, the provisions of the Englewood City Ch:w:r. The benefits and obliptiona 2 • • ., a .... ·"' .. t • • under this Agreement shall not be modified by any amendment hereafter made to the Englewood City Charter except as may otherwise be agreed to by Englewood and Centennial. 4.3 Englewood's Rjght to Settle Litigation. Englewood shall have the right, in senlement of litigation, to commit by conveyance or otherwise minor amounts of the water available from any of ilS sources of water, and such commitment or conveyance shall not constitute a breach by Englewood of this Agreement. Neither shall a judicial detennination which reduces the amount of water supplied 10 Centennial under this Agreement constitute a breach by Englewood of this Agreement. Englewood and Centennial each receive a fraction of the water derived from the 1948 McLellan Reservoir water storage right and from the "Basic Deliveries" and ''Paid Deliveries" under the Senlement Agreement among Englewood. the City and County of Denver. acting by and through its Board of Water Commissioners, and Cyprus Climax Metals Co. dated August 11. J99S. If a commitment of water by Englewood from any of those three sources in senlement of litigation reduces the available water from the panicular source, then the reduction shall be shared between Englewood and Centennial in the same proportions as the available water from that source is shared; i.e. the commitment shall reduce the total water available from the particular source. and the remaining water shall be shared according to the fraction otherwise established for allocation of water from that source. s. Englewood to Make Good Faith Efforts to Suppiv Surplus Water. Englewood agrees to make good faith efforts 10 supply to Centennial, under the terms and conditions of this Agreement. that water which is Surplus Water as defined hereunder. 6. Non-jiabjljtv of Englewood for Monetary PNDIIRi No Oualjty Warranty. The parties recognize and agree that Englewood's ability to provide Wiler to Cenrcnnial hereunder. and the quality of the water provided, are dependent upon numerous forces beyond Enalewood's control. such as. but not limited to. drought; floodina; fire; windstorm or other storm events; war; riot; deterioration, physical failure or inadequacy of stora1e or delivery facilities; adve~ results of liugation; chang es in applicable constituuonal provisions. statutes or replations; available flows provided by the ditch outlet manifold from Chatfield Reservoir and usociated piping; pollution; earthquake ; and the like . Under no circumstances shall En1lcwood be liable to Centennial for monetary damages for I) failure to deliver water to Centennial, 2) the quality of the water delivered to Centennial, or 3) failure. inadequacy or unav111lability of any saoraac or delivery faciliues. whether or not leased to Centennial by Eng lewood. EnaJcwood makes no warranty . representauon or other 3Ssurance of the quality of the water to be delivered to Centennial. The w:uer delivered will bl" raw un1reated water. and Centennial shall be responsible for such testing of quality and suc h treat me nt as ,t deems appropriate prior to delivcnn1 such wa ter to tts custo mers . Areas !O be Sen ed . 7 .1 Centennial Scmcc ,;\rea. Centennial' s MrV1cc area fo, pwpoees of this Agreement ("C entennial Service Area") 1s shown on Exhibit C hereto. Ablent EnaJewood's pnor wntten consen t. \\-hich ma)' be withheld in Englewood's sole ditcrellon, Cen1enn1al shall 3 .. ··: t • • • • not deliver water supplied 10 Centennial by Englewood under this Agreement ("Englewood Water") outside the Centennial Service Area; provided. however, Englewood WatershaJI be deemed to be delivered entirely within the Centennial Service Area at any time when the daily demand for water within the Centennial Service Area is greater than the daily concurrent supply of Englewood Water. 7.2 No Violation of Englewood Decrees. Englewood shall deliver to Centennial hereunder only water that may lawfully be used within the Centennial Service Area. If water has been delivered 10 Centennial in compliance herewith, then Centennial shall be solely responsible for any violation or claimed violation of the decrees associated with such water which arise out of use or asserted use of such water by Centennial, including payment of Englewood's reasonable attorneys fees, costs and other expenses related to the violation or claimed violation. 7.3 No liabilitv to Third Parties Within Centennial Service Area. Centennial will not enter into any contract, lease. sale or other arrangement or obtain any decree which entitles or allows any person or entity other than Centennial to make any claim or demand against Englewood for delivery or use of Englewood Water within the Centennial Service Area, or for failure of delivery of Englewood Water for use within the Centennial Service Area. Centennial agrees to hold Englewood harmless from any loss. liability or claim arising from a claim or demand by any person or entity other than Centennial relating to or arising out of the delivery or use, or failure of delivery. of Englewood Water for use within the Centennial Service Area. including payment of Englewood's reasonable attorneys fees, costs and expenses incurred in defending the claim or demand made by any person or entity other than Centennial. 7.4 No Liabili1v Outside Centennjal ~eryice Arca. Centennial will not enter into any contract. lease. sale. or other arrangement or obtain any decree which entitles or allows any person or entity including Centennial. 10 make any claim or demand against Englewood for delivery or use of Englewood Water outside the Centennial Service Area. or for failure of deli very of Englewood Water for use outside the Centennial Service Area. Centennial agrees to hold Englewood harmless from any loss, liability or claim arising from a claim or demand by any person or entity other than Centennial relating to or arising out of the delivery or use. or failure of delivery, of Englewood Water for use outside the Centennial Service Area. including payment of Englewood's reasonable attorneys fees, costs and expenses incurred in defending the claim or demand made by any person or entity other than Centennial. 8. Pricing of Water . 8.1 Introduction to Pricing of Water . Surplus Water available in each year wall be allocated and delivered as High-Priced Water, Medium-Priced Water or Low-Priced Water . In January of each year. the maximum amounts of Surplus Water that may be allocated and dehvered in that year as High-Priced Water and as Medium-Priced Water will be determined in accordance with p11r.1graph 8.3. Surplus Water available in that year in excess of the maximum amounts of High -Pnced Water and Medium-Priced Water for that year will be at located and deli vered in that year as Low-Priced Water . 4 t .. • • 8.2 Definition of Tenns. Unless the context clearly requires otherwise, the following terms will have the meanings specified below . The definitions in paragraphs 8.2.1 through 8.2.5 are for variable quantities that accumulate throughout each year, starting over at zero in the following year. The definitions in paragraphs 8.2 .6 through 8.2.8 are for single annual values calculated once each year. 8.2.1 Offered Water: Surplus Water Englewood offers to sell to Centennial. 8.2.2 Delivered Water: Offered Water accepted for delivery by Centennial and subsequently delivered by Englewood to Centennial up to the amount accepted . 8.2.3 Obligated Water: Offered Water for which Centennial is obligated to pay . 8.2 .4 Untaken Water: Obligated Water Centennial declines to take. 8.2.5 Contract Water: The sum of Delivered Water plus Untaken Water. Sketches # I and #2 illustrate various relationships between these typeS of water. Sketch #1 -Delivered Water Ina than Obllpted Water 1-----------------------+0fferNWater 1------------------;..._• DellYered Water ' I 1-----------------.-: --•: ObllgaledW..., .....---+ Untaken Water ~-----------------+: Contract Water• Obligated Watet' Sketch #2 -Dellvered Water greater than Ollllgatad Water 1----------------------1:~0fferN w ... 1-----------------•; Delivered w ... 1------------•;0blgated Waler (Untaun waw • O) 1-----------------11,; Con1rac:t waw • Delhered w- P"dllnel\AGMT9'2003W..,W C l:...,t.gt•111111l.dlc 5 8.2.6 Annual Contract Water: in any year . The total amount of Contract Water 8.2.7 Threshold: The maximum amount of High-Priced Water in any year . 8.2.8 Ten-Year Average : The average of Annual Contract Water amounts for the ten p vious years . The Ten-Year Average for the years 2003 through 2012 shall be based on the assumption that the amount of Annual Contract Water during 2002 and the previous nine years was 1500 acre-feet per year . 8.3 Allocation of Surplus Water to Categories. Two perfonnance criteria, the Threshold and the Ten-Year Average, shall be used to allocate Surplus Water each year as High- Priced Water, Medium-Priced Water or Low-Priced Water. All Contract Water in any year that is less than or equal in amount to the Threshold for that year is High-Priced Water. All Contract Water in any year that is greater in amount than the Threshold for that year and less than or equal in amount to the Ten-Year Average for that year is Medium-Priced Water. All Contract Water in . any year that is greater in amount than the Threshold for that year and greater in amount than the Ten-Year Average for that year. is Low-Priced Water . The Threshold and the Ten-Year Average shall be calculated in accordance with paragraphs 8.4 and 8.5. Sketch #3 illustrates the concept of three price categories based on two performance criteria, assuming the amount of Contract Water exceeds the Ten-Year Average. the Ten-Year Average exceeds the Threshold, and the Threshold is greater than zero. Sketch 13 -Price Categories and Performance Criteria A B Contract Water - Ten -Year Average -Con1raCI W1W here ii I varilllle. . accumullllng lfflNII ._...,._yew Threshold {lhCMn 11am 1911 ID riglll -..). Canlract -Walef 1111me A ii ..-,.,iced waw, • . -8 . Mlcllum-Pnced w-. ec. High-Priced Water Medium-Priced Water Low-Priced Water c-.. may ...... paylllr~ Centennial must PIIY for ~Prad W119r and W111fl/l't/Jlo._in_olpar....,iil lfflll. !Iii ii nal l9quiled ID dD IO. Once I Medium-Pnced Walef. up to Ole lmdl in ....... ~ NCa1M1 c-acs w ... n para~9. ~ IOfuan IMUII~ of ... n,,..,_ and T_Y_ A,,.,.. 8 • • 8.4 Calculation of Threshold During Threshold Injtiation Period. For the years 2003 through 2015, unless sooner terminated hereunder, ("Threshold Initiation Period"), the Threshold shall be determined as follows: 8.4 .1 Calculation of Threshold. For 2003, the Threshold will be 1600 acre-feet. If Annual Contract Water is less than 1600 acre-feet in 2003, then the adjusted Threshold for 2003 and the Threshold for subsequent years shall be calculated as described in paragraph 8.5. For 2004, the Threshold will be 1700 acre-feet, but only if Annual Contract Water in 2003 was 1600 acre-feet or more, and Annual Contract Water in 2004 is 1700 acre-feet or more. If either of the two requirements is not met. then the adjusted Threshold for 2004 and the Threshold for subsequent years shall be calculated as described in paragraph 8.5. For 2005, the Threshold will be 1800 acre-feet, but only if Annual Contract Water in 2003 was 1600 acre-feet or more , Annual Contract Water in 2004 was 1700 acre-feet or more , and Annual Contract Water in 2005 is 1800 acre-feet or more. If any of the three requirements is not met. then the adjusted Threshold for 2005 and the Threshold for subsequent years shall be calculated as described in paragraph 8.5. For 2006 and subsequent years through :?O 15, the Threshold shall be 1800 acre-feet, if the Threshold for 2005 was 1800 acre-feet or more and if, in each of the years 2006 through 2015, Annual Contract Water equals or exceeds 1800 acre-feet. If either of those requirements is not met in any year, then the adjusted Threshold for that year and the Threshold for subsequent years shall be calculated as described in paragraph 8.5 . During 2003. 2004 , and 2005, and for a period thereafter, the Threshold may be greater than the Ten-Year Average. Nevenheless Contract Water within the Threshold shall be priced as High-Priced Water. While the Ten-Year Average is lower than the Threshold, there will be no Medium-Priced Water. 8.4.:? Refund of Pavments During Threshold Initiation Period. If an adjustment to the Threshold for a previous year is required during the Threshold Initiation Period , then. within 30 days after the end of the year in which the adjustment is required, Englewood will refund to Centennial any excess payments made by Centennial for Contract Water during the previous year . 8.5 Calculation of Threshold After Threshold lnjtjation Period. In January of the year of termination of the Threshold Initiation Period and in each year thereafter, the Threshold for that year shall be determined as follows: 8.5 .1 Definition of .~dditionaJ Tenns. Unless the context clearly requ1Tes otherwise. the following terms will have the meanings specified below : Ten-Year Mjnjmum : The smallest amount of Annual Contract Water dunng the ten previous years . If the Threshold Initiation Period provided for in parqraph 7 .. • t ,, • • 8.4 tenninates prior to 2012. the Ten-Year Minimum shall be based on the assumption that the amount of Annual Contract Water during 2002 and the previous nine years was 1500 acre-feet per year . The Ten-Year Minimum is used hereunder only to increase the Threshold. Threshold Buffer: An amount of hypothetical storage capacity consisting of 15 .15 percent of the capacity of McLellan Reservoir. For purposes of Threshold Buffer accounting, the 15 .15 percent is set at 900 acre-feet, and shall not vary with the physical siltation of Mcl..ellan Reservoir. Threshold Sum: Annual Contract Water for the previous year plus Threshold Buffer Amount for the previous year, calculated in January of each year . Threshold Buffer Amount: The hypothetical amount of water left in the Threshold Buffer. The Threshold Buffer Amount may not be less than zero or more than the Threshold Buffer (900 acre-feet). On January l, 2003 , the Threshold Buffer Amount is zero. The Threshold Buffer Amount for 2004 and subsequent years shall be calculated as the Threshold Sum for the current year less the Threshold for the previous year , with a maximum value of 900 acre-feet and a minimum value of O acre-feet. 8.5.2 Calculation of the Threshold . The Threshold for the current year shall be calculated as follows : 8.5.2 .1 No Change in Threshold. If the Threshold Sum for the current year is equal to or greater than the Threshold for the previous year and ' the Ten-Year Minimum is equal 10 or less than the Threshold for the previous year , the Threshold for the current year shall be the same as the Threshold for the previous year. 8.5.2 .2 Reduction .jn Threshold . If the Threshold Sum for the current year is less than the Threshold for the previous year . the Threshold Sum for the current year shall become the Threshold for the current year . 8.5 .2.3 Increase in Threshold . If the Ten-Year Minimum exceeds the Threshold for the pre vious year , the Ten-Year Minimum shall become the Threshold for the current year. 8.6 Single -U se Water and Reusable Water . Englewood , in its sole discretion, shall detennin e whether Offered Water is single -use water or reusable water and. if reusable wa ter . whether to offer the reuse rights to Centennial . Single-use water is that as to which . under appli cable Colorado water law and Englewood's decrees , the return flows after a first use belong 10 the other appropriators on the stream . Reusable water is that as to which , under applicable Co lorado water law and Englewood 's decrees. the return flows may be re-used to extinction by En glewood or its designee , assuming retention of "dominion and control." If the Offered Water 1s re·1s able water and Englewood offer1 the reuse rights to Centennial, Centennial. in its sole disc reuon . shall detennine whether to acquire the reuse rights associated with such water . If Cen tennia l ele cts 10 acquire such reuse rights and such water is delivered to Centennial by 8 t . .. . .. 1 • • Englewood, all return flows from the first and subsequent uses of such reusable Delivered Water shall belong to Centennial. When Centennial intends to use reusable Delivered Water for which Centennial hu not acquired reuse rights, Englewood shall have the right to designate whether Centennial uses that water or single-use Delivered Water, to the extent that both types of water arc available for Centennial's use. H Centennial intends to use any Delivered Water, whether single-use or reusable, for release to the South Plane River to satisfy its augmentation obligations under any decree for an augmentation plan, then Centennial shall not utilize for that purpose reusable Delivered Water as to which Centennial has not obtained reuse rights, unless no single-use Delivered Water is available to Centennial to satisfy its augmentation requirements. 8.7 Purchase Price for Water. 8.7.1 High-Prjced Water. The purchase price for High-Priced Water shall be $337 per acre-foot. 8.7.2 Medium-Priced Water. The purchase price for Medium-Priced Water shall be $175 per acre-foot. 8.7 .3 Low-Priced Water. The purchase price for Low-Priced Water shall be $99 per acre-foot. 8.7.4 Reuse Rights. The purchase price for the reuse rights, if any, associated with High-Priced Water, Medium-Priced Water and Low- Priced Water shall be 33 percent of the purchase price set forth in paragraphs 8.7.1, 8.7.2 and 8.7.3. respectively. 8.8 fa ample Calculation. Exhibit D hereto is an example of hypothetical annual values calculated in accordance with this paragraph 8. 9. Centennial Pavment Obligations. A portion of the Surplus Water available each year shall be paid for by Centennial, whether Centennial takes delivery of such water or not. The remainder of the Surplus Water available each year may be taken by Centennial at its option, and. if taken , shall be paid for by Centennial . 9.1 Pavment for Obligated Water. Centennial is obligated to pay for Offered Water that is priced as High-Priced Water or Medium-Priced Water, subject to the monthly limits ("month" or ''monthly" in this Agreement means calendar month) in paragraph 9.1.1 and subject to the delivery rate limits in paragraph 9.1.2. whether or no1 Centennial takes delivery of such water . This is Obligated Water. To the extent Centennial chooses not to take delivery of Obligated Water. the difference between Obligated Water and the amount of water taken by Centennial is Untaken Water. Untaken Water is subsequently accounted for u if Centennial had taken II and 1s included as Contract Water. 9 t .. • • 9.1.1 Monthlv Limjts on Amounts of Obhgated Water. There arc two sets of monthly limits on the amounts of Obligated .Water as set forth in Tables 1 and 2. The monthly limits in Table 1 will be in effect until the demand for treated and untreated water within Centennial's Service Area in any year first equals or exceeds 20,000 acre-feet per year. The monthly limits in Table 2 will be in effect after such demand first equals or exceeds 20,000 acre-feet per year. Table I. Monthlv Limits in Acre-Feet Until Demand Equals or Exceeds 20,000 acre-feet/yr: Jan Feb Mar A r Mav Jun Au Oct Nov Dec 390 390 390 750 1605 1920 1650 480 450 450 Table 2. Monthlv Limits in Acre-Feet After Demand Equals or Exceeds :?0.000 acre-feet/yr: Jan Feb Mar A r Mav Jun Jul Au2 Se Oct Nov Dec 520 520 520 1000 2140 2560 2860 1960 640 600 600 If during any month Centennial accepts delivery of water in an amount in excess of the monthly limit for that month in the applicable table, then, at Centennial's election, it may apply the excess amount against the applicable monthly limit at any subsequent time in the same year . 9.1.2 Deiiverv Rate Limits. When Centennial's storage capacity in Mclellan Reservoir is nearing full safe capacity as determined in accordance with this paragraph 9. I .~. the allowable rate of delivery (in cfs) of Obligated W:uer shall not exceed the delivery rate shown in Table 3 for the appropriate month. Englewood shall from time to time determine the full safe capacity of Mcl.ellan Re serv oir ("Full Safe Capacity") which may be less than actual physical capacity for safety reasons (such as providing some storage capacity to contain runoff from thunderstorms). En gle wood shall promptly notify Centennial of its determination of Full Safe Capacity . Cen tenn ia r s full safe capacity in Mclel~n Reservoir ("Centennial Full Safe Capacity") shall be 65. I 5% of Full Safe Capacity based on this Agreement and the 1977 Ranch Creek Lease . The cap acity adjust ments for the appropriate month from Table -4 shall be subtracted from the Centennial Fu ll Safe Capacity to determine the amount of storage ("Near Full Condition ") which will tri gg er the dail y deli very rate limits in Table 3. When th e amount of water which Centennial has in storage 1n Mclellan Reservoir equa ls or ex cee ds :'!ear Full Condition . the dail y delivery rate limits in Table 3 will apply . When the dally deli very ra te limits from Table 3 for the appropriate month apply, Centennial's obh ga uon to pa y for water under this Agreement will be reduced to payment for the amount or water ac tu all . deli vered or offered for delivery by En glewood . not to exceed the daily delivery ra te hm 1t . When the amount of water which Centennial has in storage in Mclellan R~oir is 10 .. • • less than the Near Full Condition, the daily delivery rate limits in Table 3 will not apply and the rate of delivery shall be as determined by Englewood, in its sole discretion. When the tow amount of water in Mclellan Reservoir equals or exceeds Full Safe Capacity, neither party will increase the amount of water stored in Mclellan Reservoir. Table 3. Daily Deliverv Rate Limits in cfs When Cemennjal Storage ia "Near Full Condition": Jan Feb Mav Jun Jul Au Oct Nov Dec 8 8 35 43 48 35 10 10 10 Table 4, "Full Safe Capacjtv" Adjustment in Acre-Feet: Jan Feb Mar Jun Jul Oct Nov Dec 48 48 48 258 288 60 60 60 9.2 Payment for Non-ObJigpJed Water. Centennial is not oblipted to take or pay for Low-Priced Water or any water in excess of the amount of Oblipted Water. If Centennial chooses 10 take Low-Priced Water or water in excess of the amount of Oblipted Water , that water if delivered becomes pan of Contract Water for purpolCI of all subsequent calculations under this Agreement. Englewood may dispose of Offered Water which Centennial does not accept for delivery u Englewood determines in its sole discretion. 10. Place and Measurement of Deliveries; Pumping Com; Notification. 10.1 PJace of Delivery and MepsyremeoL The place of delivery for all Delivered Water shall be Mclellan Reservoir, except that, at any time after completion of Centennial's proposed South Plane Reservoir, the parties may mutually qree upon delivery to Centennial's South Plane Reservoir. The measuring points for measurement of Delivered Water are described in Table 5 and depicted on Exhibit E hereto. 11 Table 5 : Water Delivery and Measurement Summary !Water Facility where Existing bwner-Deliverv destination: diversion measurement lrneasurement (entity taking Mclelan So. Platte structure• occurs kl.vice location measurementsl Reservoir Reservoir City Ditch City Ditch Pump Meter on discharge Englewood X X Station 1>iping Nevada Ditch Nevada Ditch Flume Flume between !centennial X X !turnout structure Iott ditch and So . Platte Resllfl/Oir loump station •orebav Last Chance Last Chance Ditch Flume between !centennial X Ditch Flume ltumout structure loff ditch and South Platte Resllfl/Oir -· Dad Clark Dad Clark Gulch Dad Clark Gulch Englewood X Gulch flows Flume (for lower tream from flows) Highline Canal ' mOUI structure I Englewood X exceeding flume ulatlon of inflows measurement sad on Mclellan capabilities) Reservoir water levels Highline Canal Dad Clark Gulch !Meter: meter ln-Englewood and X Flume (Englewood) !stalled in 36" pipe !Centennial and Dad Clark under Hwy C-470 . Gulch Meter Measurement is (Centennial) difference between lt1ow readings from Flume and Meter. Highline Canal Highline Canal 1H ighline Canal Englewood X Flume below gate !Gate No. 29 + 427' • • • • there also may be water from other source, or Olher water rightl meuur9d al lheM locallar1I 12 I 0.2 Pumping Costs. Pumping costs incurred by Englewood for deliveries of Contract Water to Centennial under this Agreement shall be borne by Englewood. 10.2.1 City Ditch Pump Statjon. Englewood owns and operates the City Ditch Pump Station shown on Exhibit F hereto. Englewood shall bear all costs, including all operation. maintenance, electrical, repair and improvement costs, associated with delivery of Contract Water to Centennial under this grcemenl using the City Ditch Pump Station. 10.2.2 South Platte Reservoir Pump Station. Centennial owns and operates the South Platte Reservoir Pump Station shown on Exhibit F hereto . Englewood shall pay to Centennial Englewood's proponional share of operation and maintenance costs and electrical costs associated with delivery of Contract Water to Centennial under this Agreement using the South Platte Reservoir Pump Station. Englewood's proportional share of operation and maintenance costs and electrical costs for delivery of Contract Water to Centennial under this Agreement using the South Platte Reservoir Pump Station shall be determined by Centennial using the same methodology as described in paragraphs 13.8.2 and 13.8.3 for detennining such costs for City Ditch Pump Station. Centennial shall bill Englewood for such costs after the end of each month . Payment shall be due in full 45 days from date of delivery of the invoice. Payments past due shall bear interest at the rate of 12 percent per year, compounded quarterly. 10.3 Notification bv Englewood ofAmounts Avajlable for Peliveryi Response bv Centennial. In order to facilitate the delivery of water under this Agreement by Englewood to Centennial. the panies shall provide the following notices to each other. 10.3.1 Operational Notice. Englewood shall give Centennial reasonable advance notice. which shall not be less than :?4 hours, of the availability of Surplus Water for delivery under this Agreement. Such notice may be oral or in writing, and shall include, at a minimum. the quantity of water. rate of delivery of water, the identity of the water right which is ' the source of the water and whether the water is single-use water or reusable water. Centennial shall notify Englewood whether Centennial accepts or rejects delivery of such water within a reasonable time after receipt of Englewood's notice , which shall not be less than 12 houn. Such notice may be oral or in writing . 10 .3 .2 Planning Notice. :'lo less than 30 days before the beginning of each month . Englewood shall notify Centennial of the quantity of Surplus Water Englewood will ha ve available , or attempt to have available, for delivery during that month. whether such water is single-use water or reusable water, and if reusable water, whether Englewood is offerin1 the reuse rights to Centennial. Within 10 days after receipt of Englewood's notice. Centennial shall nouf~ Englewood of the maximum amount of such water Centennial may accept and whether Centenni al may elect 10 acquire the reuse rights from Englewood . The notices provided for in this paragraph 10.3 .2 are for planning purposes only and shall not bind either party . 11. Mep.surcment Devices, Recordkeewng, Billioa and bYIDCD1· 13 ' • • 11. I Centennial Measurement Devices and Rccordkceping. Accurate continuous-recording flow measurement devices shall be installed and maintained by Centennial at each of the measuring points described in Table 5 that are owned by Centennial. The records of measurement of Delivered Water during each month shall be provided by Centennial to Englewood within ten days after the .end of each month. I I .2 Englewood Measurement Devices and Rccordkeeping. Accurate continuous-recording flow measurement devices shall be installed and maintained by Englewood at each of the measuring points described in Table 5 that are owned by Englewood. The records of measurement of Delivered Water during each month shall be provided by Englewood to Centennial within ten days after the end of each month. Records of deliveries shall include deliveries made by "bookovers" from Englewood to Centennial of Englewood's water previously stored in McLcllan Reservoir. 11.3 Annual Accountin2 and Calculations. Englewood shall keep records of Delivered Water and Untaken Water accounted for as Contract Water which arc necessary or useful in the calculation of prices and amounts due. including , but not limited to, the Threshold, the Ten-Year Average , the Ten-Year Minimum, Untaken Water, Annual Contract Water, monthly deliveries , and the like. By January 15 of each year. Englewood shall deliver to Centennial an accounting of such items for the previous year and Englewood's calculations of the Threshold, the Threshold Buffer Amount and the Ten-Year Average for the current year. By January 3 I of each year, Centennial shall notify Englewood of the items to which objection is made. In the absence of such notification, or as to items as to which no objection is made, the accounting for the previous year and Englewood's calculations of the Threshold, the Threshold Buffer Amount and the Ten-Year Average for the current year shall be deemed to be correct. 11 A Reconciliation. Bi!1in2 and Pavment. Englewood and Centennial shall reconcile their respective accounting records after the end of each month. Thereafter, Englewood shall bill Centennial for Contract Water under this Agreement during that previous month . Payment shall be due in full 45 days from date of delivery of the invoice. Payments past due shall bear interest at the rate of 12 percent per year . compounded quanerly. Within 60 days after the end of each year, a reconciliation shall be made of billings for that year, and any necessary adjustment payments shall promptly be made between the panics. 12 . Amendments to 1977 Ranch Creek Lease . Paragraphs 21 and 22 of the i 977 Ranch Creek Lease are replaced in their entirety by the following provisions and said paragraphs 21 and 22 shall hereafter be of no funhcr force or effect: 12 .1 Englewood agrees to sell and Centennial shall have the option to purchase all of Englewood 's "Paid Deliveries " water at the initial time of its availability each year as hereinafter pro vided . "Paid Deliveries" water is that water available to En&)ewood under paragraphs 3.3 through 3. 7 of the Settlement Agreement dated August 11. 1995. among 14 • t .. Englewood, Cyprus Climax Metals Co., and the City and County of Denver, acting by and through its Board of Water Commissioners ("1995 Englewood/Cyprus/Denver Agreement"). 12.2 If Centennial accepts delivery of Paid Deliveries water at the initial time of its availability each year to Englewood, then neither the Ten-Year Minimum nor the Ten-Year Average shall include the Paid Deliveries water taken by Centennial. Centennial shall have :my rights to reuse of Paid Deliveries water. 12.3 If Centennial does not accept delivery of Paid Deliveries water at the initial time of its availability each year to Englewood, then Englewood may take and use such water as Englewood determines, including stcring such water and later including such water in the Surplus Water Englewood sells to Centennial under this Agreement. In this event. Paid Deliveries water shall be treated in the same manner as provided for other Surplus Water in this Agreement, including the inclusion of such Paid Deliveries water in the calculation of the Ten- Year Minimum and the Ten-Year Average hereunder. 12.4 The price per acre-foot for Paid Deliveries water accepted and taken by . Centennial under paragraph 12.2 shall be the sum of I) the amount charged per acre-foot by Denver to Englewood for delivery of such water. 2) a fixed charge of S20 per acre-foot paid by Centennial to Englewood, and 3) the cost per acre-foot to Englewood of pumping such water from City Ditch to Mclellan Reservoir determined in accordance with the methodology described in paragraphs 13.8.2 and 13.8.3 or, if such water is delivered to Centennial through the High Line Canal, the amount per acre-foot Denver charges Englewood for delivery of such water through the High Line Canal or, if such water is delivered to Centennial through the Nevada Ditch, the amount the Nevada Ditch Holding Company charges per acre-foot to Englewood for delivery of such water through the Nevada Ditch . 12.5 Englewood and Centennial agree to cooperate in scheduling deliveries of Paid Deliveries water 10 Centennial; however. Englewood shall be responsible for scheduling deliveries with Denver . 12 .6 Centennial shall comply with paragraph 3.3.5 of the 1995 Englewood/Cyprus/Denver Agreement. A copy of paragraph 3.3.5 is attached as Exhibit G hereto . 12 . 7 All other provisions of the 1977 Ranch Creek Lease remain in full force and effect . 13 . Phvsical Facilities Lease. 13. l Grant of Lepse. In addition to the pro"1sions for saJe and delivery of water set forth above and elsewhere herein , Englewood. as lessor, leases to Centennial, u lessee, and Centennial. as lessee . leases from Englewood, as lessor, a ponion of the capacity of c:eruin Englewood physical facilities described below. to be used for the delivery and storqe of warer on the terms and conditions more particularly set fonh below ("facilities Leuei. P·ldoanat\AGMTS\2003Waterl'acilillHSupply~.OOC 15 • t • • 13.2 Englewood Physical Facilities in Which Capatjry Is Leased to Centennial; Use of Same. The physical facilities in which capacity is leased by Englewood to Centennial ("Physical Facilities") are Mcl..ellan Reservoir, City Ditch from the Chatfield Reservoir ditch outlet manifold downstream to the Englewood City Ditch Pump Station. Nevada Ditch from the Chatfield Reservoir ditch oullet manifold downstream to the turnout structure on the ditch at which water is delivered to Centennial, the Englewood City Ditch Pump Station. the Discharge Facility from Mcl..ellan Reservoir to the South Platte River, and the pipeline from Mcl..ellan Reservoir to the Discharge Facility, which is used both to carry water from the City Ditch Pump Station to Mcl..ellan Reservoir and from Mcl..ellan Reservoir to the Discharge Facility. The Physical Facilities are depicted on Exhibit H hereto. The leased capacity may be used by Centennial to store and/or carry any water which may legally be stored and/or carried therein. Englewood shall be solely responsible for all necessary or desirable contacts with third parties. including the United States Army Corps of Engineers, related to use of the Physical Facilities by Centennial under this Facilities Lease . 13 .3 Mclellan Reservoir . Englewood hereby leases to Centennial the . exclusive right to use 15 .15 per cent of the capacity of Mcl..ellan Reservoirfor storage of water. subject to the rights of each party 10 use the temporarily unused capacity of the other party as provided in paragraph 13.3.8 below. 13.3 .1 Detcnnination of Capacjry ofMcLeUan Reservojr. The parties are uncertain as to the present actual capacity of Mcl..ellan Reservoir because the capacity changes with siltation, and because minor irregularities in the elevation of the bottom of the reservoir limit the accuracy of any determination of capacity. For purposes of determining the initial amount of capacity available to Centennial hereunder, the present actual capacity of McLellan Reservoir shall be deemed 10 be 5940 acre-feet, and the capacity initially leased to Centennial is 900 acre-feet. Either pany, at its own expense . may obtain a survey by a professional engineer or surveyor licensed jn the State of Colorado to better determine the actual capacity of McLellan Reservoir at the maximum water elevation level and shail provide the results of such survey to the other party. Englewood shall reasonably determine the maximum water elevation level which is both safe and presents no appreciable risk of damage to the physical structures. If either party obtains such a survey and such survey shows a different capacity than 5940 acre-feet at the maximum water elevation le vel determined by Englewood, then the parties shall attempt to agree upon a re vised capacity and a revised lease payment for McLellan Reservoir for purposes of this Facilities Lease : provided . however , that the capacity available 10 Centennial hereunder shall nOI exceed 900 acre -feet . 13 .3.2 No Reduction in Payment Due 10 Sjhatjon. The charge paid by Centennial 10 Englewood for use of Mclellan Reservoir capacity will not be reduced proportionately if the capacity available to Centennial hereunder is reduced below 900 acre-feet due 10 siltation . 13 .3.3 Removal of Silt, or other Restoration of Capacity, Perfopned by Englewood . If Englewood determines to res tore the storaae capacity of Mclellan Reservoir to P·ld,ana1\AGMTS\2ll03WalerFacillbnS<lpply~aoc 16 t .• • • ·- (J 5940 acre-feet by dredging , enlargement or other methods. then Centennial shall have the option of paying 15 .15 per cent of the cost thereof, and of using 15 .15 per cent of the increase in capacity , pursuant 10 this Facilities Lease . If Englewood determines so to restore capacity, it shall give notice 10 Centennial, in reasonable detail, of its plans for restoring capacity, and an estimate of the anticipated cost thereof. Centennial shall have 45 days after receipt of notice from Englewood , to exercise its option to pay 15.15 per cent of such cost. Centennial shall give notice of the exercise of its option to Englewood. Englewood shall bill Centennial for Centennial's 15 .15 percent of such costs. Payment shall be due 45 days from the date of delivery of the invoice . If Centennial does not exercise its option as provided for herein, then all increases in capacity resulting from Englewood's proposed project shall belong solely to Englewood . Englewood , in its sole discretion, may decide 10 increase the storage capacity of Mclellan Reservoir to an amount in excess of 5940 acre-feet. at Englewood's expense . If Englewood does so, then Englewood shall have the sole right to use the storage capacity in excess of 5940 acre-feet. 13 .3.4 Removal of Silt bv Centennial. Centennial may remove silt 10 restore the capacit y of Mclellan Reservoir to 5940 acre -feet at its own initiative and at its own cost: provided . however. that the capacity available to Centennial under this Facilities Lease as a result of such silt removal shall not exceed 900 acre-feet . If Centennial desires to remove silt at its own cost , then Centennial shall give Englewood notice of its proposed silt removal project in reasonable detail , including the proposed plans . specifications. construction contract, disposition of the removed material. name of the contractor (or contractors) who will be pennined to bid. a cost estimate by a qualified professional engineer, name of an engineering finn to observe the work , public liability insurance to be provided, indemnification of Englewood to be provided, and the bond 10 be obtained. Englewood shall have the right. reasonably ellercised. to disapprove or require alteration of all or any pan of the proposed silt removal project including the plans. specifications . contractor. bond. engineering finn, method of disposition of removed material, public liability insurance 10 be provided. indemnification of Englewood, or any other aspect of the proposed project . by notice to Centennial within 45 days after receipt of Centennial's notice . If Englewood gi ves such notic e. Centennial shall not proceed with its proposed silt removal proj ect wi1hout written approval from Englewood . If Englewood does not give such notice, Ce nte nn ial may proc eed with its proposed silt remo val project. Centennial shall not be entitled 10 undertake any act ions 10 res1o re or incre as e the capacit y of ~cLellan Reservoir other than silt removal. 13 .3.5 Reduct ion in Storage Capacitv bv Causes Other Than Siltation . If 1he capacity of Mc l ellan Reserv oir is reduced below 5940 acre-feet other than by siltation. then Englewood shall pr oc eed. wi thin a reasonable period of time after the reduction. to restore lost capacity 10 Cen1 enm al by reas onable and practical repairs or alterations 10 McLcllan Reservoir. at Englewood· s sole cost. In the alternati ve. Englewood ma y elect to transfer a portion of its o" n capac11. in McLcllan Reservo ir to Ce ntennial. If En glewood restores lost capacity to Centennial by a transfer of a po rti on of En gle wood 's own capacity. then Englewood may subsequently restore lost capaci ty to Cente nnial by repairs or alterations to Mclellan Reservoir at Englewood 's sol e co t, and 1he En gl ewood capacu y pre viously transferred to Centennial shall then be retumc:d 10 Englewood . 17 t -~ .. .. .... • • 13.3.6 Drainaee for Operations or Repairs. If Englewood detennines, in its sole discretion, that it is necessary to drain water from Mclellan Reservoir to facilitate repairs or replacements or 10 meet safety requirements, or because of pollution or contamination, then the parties shall share the loss of water in proportion to the amounts of water each had in storage in Mclellan Reservoir prior to the drainage. Englewood shall give Centennial advance notice, if possible , of such drainage event. 13.3 .7 Losses from Seepage, Evaporation, Failure of Faciljtjes and the Like. Losses of water from Mclellan Reservoir caused by seepage. evaporation, failure of facilities. or any cause beyond the reasonable control of Englewood shall be borne by the parties in proportion to the amounts of water each had in storage in ~clellan Reservoir when the losses occurred . Englewood shall detennine evaporation and seepage losses according to recognized engineering standards. 13.3.8 Storaee Bv Either Partv in Capacitv of Other Panv. Either party may from time to time have capacity in Mclellan Reservoir which is not occupied by water stored by that party ("temporarily unused capacity"). Either party may store its water in the temporarily unused capacity of the other party . Such water so stored shall be removed from such temporarily unused capacity when the other party wishes 10 use such temporarily unused capacity and has water available which it could store therein. If such water cannot be removed in a timely manner from such temporarily unused capacity. then such water shall be spilled or booked over to the other party at no cost, to the extent the other pany could have delivered water into such temporarily unused capacity. 13.3.9 Addition of Substances to Mclellan Reservojr. Either pany may add customary chemicals , such as copper sulfate. to the water in Mclellan Reservoir to control algae and other undesirable aquatic vegetation . The party making such an addition, however. agrees as follows : 13.3 .9. l Coordjnatjon. The party making the addition shall ascertain from the other party that the other party has not added chemicals within a period of time such that the previously added chemicals may still be present, in some degree. and thus impact the appropriateness of a further addition of chemicals . The pany malting the addition shall also ascertain from the other party any releases from the reservoir to the South Plane River or City Ditch which may be contemplated during the period when the chemical will be present. 10 any sig nificant degree, in the water of the reservoir. No addition shall be made if it would hamper the ability of either party to make a release from Mclellan Reservoir to the South Platte River or City Ditch . 13.3 .9 .2 Pennjts . The party making the addiuon shall strictly follow all appli cab le statutes and regulations , and obtain all necessary penruts from aovcmmental agencies having or asserting jurisdiction over the addition , and strictly comply wtlh tile terms of any penn it or penn1ts, and advise the other pany of its actions and the schedule for tile addition . The part y making the addition shall be:ir the nsk that a aovemmental body may 1naist that a particular permit was necessary, but WU not obcained, IIOIWithstandin1 I aooct faith belief OIi the P:ldianas\AGMTS\2003Wa1e,Fac'lil a1Suppy~dac 18 • • - part of the party making the addition that the particular pennit was unnecessary or that a sufficient pennit had been obtained. 13.3 .9.3 Recommended Practices. The party making the addition shall strictly follow the manufacturer's recommended practices for use of the chemical to be added, in every respect. 13 .3.9.4 Fines. Damages. Fees. The party making the addition shall pay all fines or damages, regardless of the entity or person upon whom they are levied, which result from or are related to the addition of the chemical, and any anomeys fees, costs and expenses of the other party occasioned thereby. 13.3.10 No Effluent Direc11v In10 Citv Pitch or McLcHan Reservoir, Without the prior written consent of the Englewood City Council, which may be withheld without cause, Centennial shall not discharge effluent from a wastewater treatment plant directly into City Ditch or Mclellan Reservoir. The foregoing prohibition shall not apply to effluent from a wastewater treatment plant , which meets the applicable discharge permit effluent limitations , and which is carried to Centennial's South Platte Reservoir and commingled with . water already t.herein before its carriage to Mclellan Reservoir. 13 .3.11 Records. Accounting. Englewood shall keep accurate daily records of the amount of water which each party has in storage in Mclellan Reservoir. Centennial shall keep and promptly supply Englewood with accurate daily records of all deliveries of Centennial's water into Mclellan Reservoir, and its withdrawals from same, including records of the method of delivery (e.g. pumping, flow from the High Line Canal, flow from Centennial wells). the decree under which the water was delivered, and whether the water is single-use or reusable water. Englewood shall keep similar records of its deliveries into and withdrawals from Mclellan Reservoir. Each party may review the records of the other during business hours. 13 .3.12 Lease Pavment for Use of !'vtclellan Reservoir Capacity. Centennial shall pay Englewood $233 ,500 per year for use of Mclellan Reservoir capacity hereunder. The annual payment shall be made in quarterly installments due on the first day of January. April, July and October of each year. The first payment shall be due on the date of this Agreement. 13 .4 Citv Ditch Facilities. Englewood hereby leases to Centennial the exclusive right to use all excess capacity in the City Ditch from the Chatfield Reservoir ditch outlet manifold downstream to the Englewood City Ditch Pump Station, the Englewood City Ditch Pump Station. the Discharge Facility from Mclellan Reservoir to the South Platte River, and the pipeline from Mclellan Reservoir 10 the Discharge Facility, which is used both to carry water from the City Ditch Pump Station to Mclellan Reservoir and from Mclellan Reservoir to the Discharge Facility ("City Ditch Facilities"). Excess capacity for purposes of this Facilities Lease is defined as the maximum carrying capacity from lime to lime of that portion of the City Ditch Facilities Centennial desires to use after the capacity needs of others who presently have rights to use of capacity in City Ditch are satisfied, including but not limited to EnaJewood and P ·ldoana11AGMTSl2003Wate<facililiftSupplyA~.doc 19 .. ! .. .. . ··- • • capacity used by Englewood for delivery of water to Centennial under this Agreement, and the users of City Ditch as described in paragraph 13.4 .::?. 13.4.1 Detenninatjon of Capacity. Englewood shall determine from time to time the maximum carrying capacity of the City Ditch Facilities, in its sole and reasonable discretion, based upon safety, hydraulic capacity, and avoidance of injury to the physical facilities, and Englewood's relationships with third panics concerning use of capacity of the City Ditch Facilities. 13.4 .2 Existing Citv Djtch Agreements with Thjrd Panjes. Use of the City Ditch is presently subject 10 the rights of contract users of the City Ditch 1860 priority water right south of Harvard Gulch ("Contract Users"), the rights of the City and County of Denver under an agreement between Denver and Englewood dated October 3, 1995 attached hereto as Exhibit I, and the rights of Littleton Cemetery under an agreement dated May 23, 1933 attached hereto as Exhibit J (collectively the "Existing City Ditch Agreements"). The panics recognize the possibility that one or more of the Existing City Ditch Agreements could be terminated during the term of this Agreement. Englewood shall have the sole right to deal with and receive consideration from the contract Users. the City and County of Denver and the Littleton Cemetery . concerning any and all aspects of the Existing City Ditch Agreements. including any and all aspects of termination thereof. Any capacity in City Ditch that becomes available upon termination of any one or more of the Existing City Ditch Agreements shall become Englewood's capacity ("Englewood Reversionary Capacity"), subject to use by Centennial only in accordance with the priorities set forth in paragrap h 13.4.3. 13.4 .3 Prioritv to Use of Cap a itv n Citv Ditch Facilities. Use of capacity in the City Ditch Facilities shall be in the following order of priority: 13.4.3.J Citv Ditch Water Rjghts and Englewood Revmjonary Capacitv. City Ditch water rights with priority date of 1860. including En1lewood's ownership of same and contract users of same; the one share of Nevada Ditch water transferred to City Ditch by the Littleton Cemetery Association by decree of the District Coun for Douglas County in Case No. 1212 in 1933 ; and water carried by Englewood. from any source, in Englewood's Reversionary Capacity . 13.4 .3.::? Englewood's Boreas Pass No. 2 Ditch Water Right. Englewood 's transmountain Boreas Pass No . 2 Ditch water right which Englewood purchased in the 1950-s. prior to the I 977 Ranch Creek Lease . 13 .4 .3.3 1948 McLcnan Reservoir Stome Right. Englewood's 50 % interest and Centennial's 50% interest shall share equally in the available capacity in the City Ditch Fac1hties ; provided. however. that for purposes of priority to use available capacity, Englewood may choose to use capacity in the City Ditch Facilities associated with its SOCll, interest in the 1948 McLellan Reservoir storage right to carry other Enalewood waaer ripu or contract water owned by Englewood . For purposes of priority to use available capacity, Centennial's use of capacity in the City Ditch Fo~i lities associated with its~ interest in the 1948 Mclellan Reservoir stora1e ri1ht is limited to the carria1e of its ~ interell in the 20 • ' • • Mclellan Reservoir storage right only and Centennial may use such capacity to carry other of its water supplies only under the priority to use available capacity provided by paragraph 13.4.3.6. 13.4.3.4 Paid Deliveries Water. Paid Deliveries water to be delivered to Englewood during the months of May and June, unless Denver and Englewood agree on an ad hoc basis to a delivery during some other period of time. 13.4.3.5 Other Enelewood Water Rights and Contract Water. All Englewood water rights decreed for diversion at City Ditch and all of Englewood's contract deliveries of water provided by others, other than "Paid Deliveries" water described in paragraph I 3.4.3 .4 above, inclusive of any such future water rights and contract water. 13.4.3.6 Centennial Water Rights and Contract Water . All of Centennial' s water rights decreed for diversion at City Ditch and all of Centennial's contract deliveries of water provided by persons or entities other than Englewood. inclusive of any such future water rights and contract water. 13.4.4 Englewood Not to Make Additional Transfers of Capacitv In Citv Ditch Facilities. Englewood will not make funher leases, assignment~ or other transfers of capacity in the City Ditch Facilities without the prior written consent of Centennial, except as ot~crwise provided in paragraph 13.4.2. Centennial may withhold its consent in its sole and reasonable discretion. except that Centennial will grant its consent to transfers in settlement of litigation or threatened liugation with third parties, by or against Englewood, which will not materially affect the volume of water which Centennial can carry through the City Ditch Facilities . 13 .5 Nevada Ditch. Englewood hereby leases to Centcnniar all of Englewood's capacity in the Nevada Ditch which remains after satisfaction of Englewood's needs for capacity in the Nevada Ditch. including capacity used by Englewood for delivery of water to CenteMial and without regard to whether Englewood uses its Nevada Ditch capacity for delivery through the Nevada Ditch below the Nevada Ditch valve house (sec Exhibit F) after delivery through the Chatfield Reservoir ditch outlet manifold. or uses its Nevada Ditch capacity for delivery of water through City Ditch . -13 .5.1 Nevada Ditch Bv Laws and Englewood Capacjty . The lease of Englewood " s capacity in the Nevada Ditch to Centennial shall be subject to the bylaws of the Ne vada Ditch Holding Company. and for purposes of the bylaws as presently in force or as changed in the future . shall be deemed to be between Englewood and Centennial . Those bylaws shall determine Englewood's share of the capacity of the Nevada Ditch. I 3.5.2 Englewood :-,ioc to Make Addi1jonal Transfers of CapaciJy lo Ne, ada Ditch . Englewood will not make further leases. assignments or other transfers of capactty in the Nevada Dttch wtthout the prior written consent of Centennial. Centennial may wtthhold its consent in us sole and reasonable judpncnt, except that Centennial will pt ill consent to transfers in scnlement of liugauon or threatened liti1ation with third parties, by or 21 ,. ' .... .. • • against Englewood, which will not materially affect the volume of water which Centennial can convey through the Nevada Ditch. 13.6 Englewood's Nevada Ditch Capacjtv Delivered at Cjty Ditch. Because of its ownership of City Ditch , and its ownership of shares in the Nevada Ditch Holding Company, Englewood has the right to carry water through the Chatfield Reservoir ditch outlet manifold, using capacity in the Chatfield Reservoir ditch outlet manifold allocated to its ownership in the two ditches. The piping system below the Chatfield Reservoir ditch outlet manifold bifurcates into two pipes, one of which is for City Ditch and one of which is for Nevada Ditch. Centennial will not object if Englewood takes water transponed through the Chatfield Reservoir ditch outlet manifold pursuant to Englewood's right to use capacity in the Nevada Ditch through the City Ditch pipe instead of through the Nevada Ditch pipe. 13.7 Lease Pavment for Use ofCapacitv in Citv Ditch Faciljties and in Nevada Ditch . Centennial shall pay Englewood $35 ,000 per year. plus annual operation and maintenance costs described in paragraph 13 .8, for use of capacity in the City Ditch Facilities and in the Nevada Ditch hereunder . The annual payment shall be made in quanerly installments due on the first day of January , April, July and October of each year. The first annual payment · shall be due on the date of this Agreement. 13 .8 Pavment of Annual Operation and Maintenance Costs as Additional Lease Pavment. As an additional payment under this Facilities Lease , Centennial shall pay Englewood each year a ponion of Englewood's actual operation and maintenance costs for the City Ditch Facilities and for Nevada Ditch to be determined as follows : 13.8.I Citv Ditch Operation and Maintenance Costs. Centennial shall pay to Englewood a proponional share of the operation and maintenance costs of City Ditch from the valve house 10 the Englewood City Ditch Pump Station , as reasonably detennined by Englewood. Such com shall include costs for personnel, preventive maintenance and repair maintenance . Englewood shall keep accurate records of such costs and such records will be available for inspection by Centennial during business hours . The proportional share of such costs to be paid by Centennial shall be determined monthly by multiplying such costs by the ratio of the volume of water in acre-feet carried by Centennial in City Ditch during that month to the total volume of water in acre-feet carried in City Ditch during that month , as measured at the flume below the valve house . (See Exhibit F) 13.8 .:? Citv Ditch Pump Station and Pipeline to Mcl,ellan Reservoir and Dischan?e Facilities from Mclellan Reservoir to the South Plane Rjver Operation and Maintenance Costs . Centennial shall pay to Englewood a proponional share of the operation and maintenance costs of the City Ditch Pump Station and pipeline to Mclellan Reservoir, excluding electncal pumping cos ts , and of the operation and maintenance costs of the Discharge Facility from :'vtcLellan Reservoir to the South Plane River . as reasonnbly determined by Englewood . Such costs shall include costs for personnel, preventi,e maintenance and repair maintenance . Englewood shall keep accu r:i te records of such costs and such records shall be available for inspection by Centennial during business hours . The propon1onal share of such COltS to be paid by Centennial shall be determined monthly by multiplyms such costS by the rauo of the volume P·IOianas\AGMTS\2003W11erFaallhffSuppy~CloC 22 . t . ._ ,• .. . , • • of water in acre-feet pumped by Centennial from the City Ditch Pump Station to Mcl..ellan Reservoir during that month to the total volume of water in acre-feet pumped from the City Ditch Pump Station to Mcl..ellan Reservoir during that month, as measured at the meter on the discharge piping from City Ditch Pump Station . 13.8 .3 Citv Ditch Pump Station Electrical Pumping Costs. Centennial shal I pay to Englewood a proponional share of the electrical cost of pumping water at the Englewood City Ditch Pump Station, determined by multiplying the electrical cost during the billing period by the ratio of the volume of water in acre-feet pumped by Centennial during the billing period to the total volume of water in acre-feet pumped during the billing period. 13 .8.4 Nevada Ditch. Centennial shall pay to Englewood any costs of the Nevada Ditch Holding Company expressly assessed against Englewood for carriage of water by Centennial, other than Contract Water delivered by Englewood to Centennial under this Agreement. Englewood shall pay all other assessments of the Nevada Ditch Holding Company without reimbursement by Centennial. 13.8 .5 Billing and Pavment. Englewood shall bill Centennial for the ·additional lease payment due under this paragraph 13 .8 after the end of each month. Payment shall be due in full 45 days from date of delivery of the invoice. Payments past due shall bear interest at the rate of 12 percent per year, compounded quanerly. 13 .9 Control of Operations. Englewood shall have complete and exclusive control of the operation. maintenance and repair of the Physical Facilities leased to Centennial hereunder and any alterations. improvements or additions thereto, and of replacement thereof, except as expressly provided in paragraph 13.3.4 above for removal of silt from Mcl..ellan Reservoir by Centennial. 13 . IO Timeliness of Repairs. If Englewood fails to take prompt and reasonable steps to repair any of the Physical Facilities leased to Centennial hereunder in whole or in part. and such failure adversely affects Centennial's water delivery and/or storage potential, the parties agree to cooperate in allowing Centennial 10 timely repair any of such Physical Facilities, following approval of the proposed repair plan by Englewood. which approval may not be unreasonably wi1hheld. Englewood shall reimburse Centennial for the costs of such.repair w11hin 12 monihs of the date of completion of 1he repair, unless otherwise agreed to by Centennial and Englewood . 14 . Grant of Easements to Ceniennial. Englewood agrees to grant to Centennial, w11hout charge 10 Centennial, certain permanent easements over, under and across propeny owned or controlled by Englewood ("Centennial Easements") upon the following terms and con ditions : 14 . l Specific Instrument . Each of the Centennial Easements shall be granted in a s pec1 fie instrument . to be executed after a surveyed legal description of the easement is obtained by Centen!]ial. and pnor to the time of commencement of construction by Centennial of an . fac1ht1es w11hm the easement. P ldlll11a1VoGMTS\2003Waier,acilllle&SuoptyAgr-..nt C10C 23 ... .. . ... • ' • 14 .2 · Locations. The Centennial Easements shall be over, under and across propenies owned or controlled by Englewood surrounding McLellan Reservoir north of County Line Road and across the City Ditch right of way. 14.3 Tenn and Type. The Centennial Easements shall be permanent and non- exclusive. 14.4 Purpose and Scope. The Centennial Easements shall be for the purpose of transponing water, and to that end Centennial may install, maintain, repair, replace, operate and remove pipes, pumps and related facilities in the easements. 14.5 Route Selection. Englewood shall have the right reasonably to select the route of any of the Centennial Easements. so as to avoid the location of. or minimize disruption of. existing or anticipated streets. structures , pipes. ditches. utility facilities. or areas to be developed , and/or to concentrate easements for various utilities into panicular corridors. 14.6 Reasonable Standards. Englewood may set reasonable standards for the depth at which pipes must be installed. compaction of eanhwork, proteetion of Centennial' s pipes or other facilities against anticipated surface uses, protection of existing structures and ditches, separation from or protection of adjacent utilities. the repair or replacement of streets or other facilities or structures through which the pipes must be installed, the timing of construction so as to minimize disruption of traffic or other ongoing activities, and the maintenance and repair of facilities constructed by Centennial. 14 .7 Limitation on Obligation to Grant. Englewood shall not be obligated to grant any easement which, in the reasonable opinion of Englewood. is likely to necessitate a re vi ew under Section 7 of the Endangered Species Act or any similar or successor legislation. 14 .8 Limitation on Locations and Siandards Selectjons. Englewood shall not select locations of. or standards for the use of. the Centennial Easements which unreasonably increase the cost to Centennial for installation. maintenance, repair. replacement, operation or removal of Centennial 's faciliues within the Centennial Easements. 14 .9 Englewood Relocation and Reconstruction. Englewood may reasonably relocate any of the Centennial Easements and reconstruct he facilities therein, at Englewood's sole expense and risk . The relocation and/or reconstruction must be accomplished without interruption of water service to the Centennial Service Area. The reconstrueted facilities must be equivalent to those replaced . Englewood shall give Centennial reasonable advance notice of any proposed relocation or reconstruction. and consider all written suggestions of Centennial co ncerning same . 14 .10 Exdusions . It IS not intended by the panics that the Centennial Easements will incl ude easements for the use of City Dit ch or any length of the Ci1y Ditch right of way, or the High Line Canal. or McLellan Reserv oir to convey or store water . 24 t .. ' .... • • 15. Englewood's Option to Panicipate in the Construction and Use of New Centennial Facilities. If Centennial decides to construct new facilities for the transmission of water from Chatfield Reservoir or from Englewood's Union A venue Pump Station to City Ditch or Mclellan Reservoir or to or through any of Englewood's property surrounding Mclellan Reservoir north of County Line Road, Englewood shall have the option to participate in the construction and use of such facility or facilities in accordance with the following provisions. 15.1 Notifications . Centennial shall, prior to preparation of final plans and specifications for such facility or facilities, provide Englewood with conceptual infonnation concerning the estimated cost. sizing, location and operation of the facility or facilities. Within 60 days after receipt of such conceptual information, Englewood shall notify Centennial in writing that Englewood is interested in participating in the construction and use of the facility or facilities. If Englewood does not give such notice to Centennial, Englewood shall have no further rights hereunder to participate in such facility or facilities . 15.2 Desi2n and Englewood Participation. If Englewood gives notice that it desires to participate in the construction and use of the facility or facilities, Englewood and Centennial shall attempt to reach agreement as to the design of the facility or facilities to . accommodate use by both Englewood and Centennial and the terms of Englewood's participation in and use of the facility, including but not limited to control of operation, maintenance and repair and allocation of costs of operation , maintenance and repair. If no agreement can be reached between Englewood and Centennial within 120 days after Englewood's notice to Centennial of Englewood's desire to participate in the construction and use of the facility or facilities , Centennial shall be free to proceed with the facility or facilities and Englewood shall have no furt~,er rights hereunder with respect to such facility or facilities. 15.3 Enelewood Pavments. If Englewood participates in construction and use of any facility or facilities hereunder. Englewood shall within 60 days of completion of construction thereof. pay its proportionate share of the coSlS and expenses of construction of the facility or facilities based on the relation of the capacity reserved for Englewood 's use (when full capacit y is being used) to the total capacity of the facility or facilities. Costs and expenses shall include all costs and expenses including design. construction. interest and.financing costs. If Englewood desires to participate in construction and use of a facility or facilities but does not then have payments available from Centennial under this Agreement with which to pay its proportionate share of the costs and expenses of construction of the facility or facilities, Centennial and Englewood agree to use their best efforts to establish an arrangement by which Centennial will construct the facility at Centennial "s initial cost and expense, with Englewood repaying to Centennial Englewood 's proportionate share of costs and expenses of construction of the facility or facilities . together with interest thereon at the then prevailing interest rates on AAA rated municipal debt. out of payments received by Englewood under this Agreement in excess of $100 .000 per year . If a mutually agreeable arrangement cannot be established. then Englewood ma y elect either to pa y its proportionate share of the costs and expenses of construction of the facility or facilities and participate in the facility or facilities or not to parti ci pate in the facility or facilities 16 . Capital Improvements to Citv Ditch Faci)jties . P 10iana11AGMTS\200JWa1erFac~111HSupp1yAQr-.ooc 25 .· .. .. 1 • • • 16.1 Improvements to City Ditch and/or Englewood City Ditch Pump Station. Centennial may construct improvements to City Ditch (such as replacing the Marcy Gulch siphon to increase its capacity) or to the Englewood City Ditch Pump Station (such as removing the intake manifold and constructing a wet well), at its sole cost and expense, and upon approval by Englewood of plans and specifications for such improvements, which approval shall not be unreasonably withheld. Englewood may, during the tenn of this Agreement and at its sole discretion. acquire such improvements from Centennial by reimbursing Centennial for the costs and expenses of construction of such improvements, plus CPI adjustment as described in paragraph IS.I below, less depreciation under an agreed upon depreciation schedule for such improvements. Centennial shall have the first right to use the increased capacity resulting from any such improvement which has not been so acquired by Englewood. Such first right to use shall not extend to any other ponion of the City Ditch or of the Englewood City Ditch Pump Stauon . For example. if Centennial were to enlarge the capacity of a given ponion of City Ditch by 10 cfs. and thereby establish its priority of usage of this 10 cfs, said enlargement by Centennial would not entitle Centennial to any priority of usage of the Englewood City Ditch Pump Station. if such pump station capacity were limiting at a given time. Englewood shall operate such improvements whether owned by Centennial or acquired by Englewood . 16.2 Separate New Facilities on Citv Ojtch. Centennial may construct separate new facilities on City Ditch which will principally benefit Centennial (such as a pump station along City Ditch between Chatfield Reservoir and the Englewood City Ditch Pump Station), at its sole cost and expense. and upon approval by Englewood of plans and specifications for such facilities. which approval shall not be unreasonably withheld. Centennial shall have the first right to use such facility and Englewood shall have the right to use any excess capacity in the facilny . The availability of excess capacity shall be determined solely by Centennial. Centennial shall maintain such facility . Englewood will operate such facility as directed by Centennial to diven and/or pump Centennial's water through such facility, consistent with Centenmal's rights to capacities in the City Ditch and the Englewood City Ditch Pump Station under this Agreement. 17 . Capital Improvements to Nevada Ditch Facilities. Any improvements to Nevada Dnch facilities by Centennial will be made in accordance with the Nevada Ditch Holding Company bylaws and subject to Englewood's prior approval of plans and specifications , which dpproval will not be unreasonably withheld . I . Adjustment of Pavments . The payments by Centennial to Englewood. as set forth above 1n paragraphs 8.7. 12 .4, 13 .3 .1~ and 13 .7. shall be :idjusted annually as of January I of each year in accordance with the following provisions. The adjusted payments shall be the adJusted payments determined using the CPI Basis for .idjustments. as hereinafter described, unless the Appraisal 8aS1S for adjustments. as hereinafter described, is elected by one of the p3rtleS . IS . I CPI Basis for Adjustments . The CPI Basis for adjustment of payments shall me . 1n .idJustment of each of the payments set forth above either upwud or downwud in proportion to changes in the Consumer Price Index. All Urban Consumers, Denver-Boulder· P D1ana11AGMTS',2Q03Wa*'eo:,t-Sc~Aor-,e,,t Cloe 26 • t .. .. • • -= 0 0 Greeley Area, All Items, as published by the U.S. Bureau of Labor Statistics (the Index). The Index .is currently published for the first half of each year and for the second half of each year. The adjustment shall be made as follows: the initial Index shall be the Index for the second half of 2002 . Beginning with the year 2004, the payments shall be increased or reduced each year in proportion to the change in the Index between the second half of the previous year and the second half of the year prior to the previous year. It is acknowledged that the Index for the second half of each year will not be available until after January of the subsequent year, and an adjustment between the parties to correct the interim payments shall be made within 30 days after the Index for the requisite second half of the year is published, and thereafter all payments shall be made pursuant to the revisions necessitated by the newly-published Index. If the described Index ceases to be published, the parties shall seek to agree upon a reasonable substitute index : and if such agreement cannot be reached, the substitute index shall be the most comparable and recognized cost of living index then being published. 18.2 Appraisal Basis for Adjustments . The Appraisal Basis for adjustment of payments shall mean an adjustment of each of the payments set forth above either upward or downward to the appraised value of the water deliverable or the leasehold interest under the terms of this Agreement. The Appraisal Basis for adjustment of payments shall be used no more often than once every 5 years and only if one party gives written notice to the other party of the notifying party" s desire 10 have an appraisal made of water value and/or leasehold value within 60 days after notice from one party to the other party of the adjusted payments for the ensuing period as determined using the CPI Basis for adjustment. If such notice is given, the parties shall promptly thereafter cause an appraisal to be made of the values of the water· deliverable and/or the leasehold interests under this Agreement. The appraisal shall be made by an appraiser or by appraisers who are competent and recognized appraisers of the value of water and/or leasehold interests and the fees and expenses of the appraisers shall be shared equally by the parties. The parties shall seek 10 agree on a single appraiser. If the parties cannot agree within 30 days upon a single appraiser. either party may designate a competent and recognized appraiser by notice to the other party and the other party shall. within 30 days thereafter. designate a competent and recognized appraiser by notice to the first party . Within 30 days after the designation of the second appraiser. the two appraisers so designated shall select a third competent and recognized appr:user . As soon as practicable after the designation of the single appraiser or of the three appraisers . the single appraiser or the three appraisers shall submn to the panics appraisals of the value s of the water deliverable and/or the leasehold interests hereunder. If there is a single appraiser agreed upon by the parties. the appraised values determined by that appraiser shall be deemed the appraised values of the water and/or leasehold interests . If there are three appraisers, the appraised values of water and/or leasehold interests hereunder shall be the appraised values for an y category of water and/or leasehold interests agreed upon by any two of the appraisers or. 1f no two of the appraisers agree. the appraised values of water and/or leasehold interests hereunder shall be the average of the appraised values for any category of water and/or leasehold intere sts of each of the three appraisers . Pending completion of the appraisal, Centennial shall make pa~men1s at the prices determined using the CPI Basis for adjustments . Upon completion of the apprai sal , Engiewood shall refund amounts. if any . paid by Centennial in excess of the pa yment s de term ined usmg the Appraisal Basis for adjustments. or Centennial shall pay the add iti onal amounts . if any , due 10 Englewood under the payments determined us1n1 the Apprai sa l Basis for adjustments . P ·ldaaNs1AGMT S\2003W 11e,FacillbesSupply~ldoc 27 t .. .. • • 18 .3 Instructions to Appraiserfs). The appraiser(s) is instructed to value the following items on the basis of their fair market values. Fair market value, as used in this Agreement, is defined to be the most probable price paid by a knowledgeable buyer to a knowledgeable seller under conditions in which neither the buyer nor the seller is operating under compulsion or dure~s. given a reasonable time for the transaction to be concluded. 18.3.J Storage Capaci1v jn McJ..ellan Reserv oir . The annual lease value for the 15.15 percent of the storage capacity in Mcl..ellan Reservoir which is leased to Centennial is to be valued at its fair market value for use for municipal purposes. 18 .3 .2 Hjgh-Priced Water. The appraiser(s) will calculate the lease price per acre-foot of High-Priced Water using the following equation: Lease Price for High-Priced Water= (Tlfreshold x Value -Annual Lease Value for 900 Acre- Feet of Storage in Mclellan Reservoir)IThreshold. Where : 'Threshold" is the maximum amount of High-Priced Water in the current year (i .e .. at the time of the appraisal) in acre-feet: "Value" is the fair market lease or rental value in dollars per acre-foot for a hiply dependable municipal supply water supply; and Annual Lease Value for 900 Acre-Feet of Storage in Mclellan Reservoir is the cumnt year's payment under paragraph 13.3 .11, unless there is also an appraisal in the cunent year of the annual lease value for storage capacity in Mclellan Reservoir, in which event the Annual Lease Value for such 900 acre-feet shall be the amount calculated using the unit value per acre-foot for storage capacity in Mclellan Reservoir as determined by the appraiser(s) for the current year using the appraisal method described in paragraph 18 .3 .l. 18 .3.3 Medium-Priced Water. The appraiser(s) will determine the unit value per acre-foot for Medium-Priced Water on the basis of its average availability over a number of years , with 1he possibility of little or no availability in a single year. 18 .3.4 Low -Priced Water. The appraiser(s) will detennine the unit value per acre -foot for Low-Priced Water on the basis of its availability on a shon term basis without the ability to plan for its use more than a shon time in advance of its availability. 18 .3 .5 Reuse Rights . The appraiser(s) will determine the unit value per acre -foot for the reuse rights , if any . associated with High-Priced Water, Medium-Priced Water and Low -Priced Water by (I) reviewing Englewood 's decrees to determine which of Englewood's water nghts are reusable and (2) reviewing records of Englewood's delivery of reusable water to Centennial. 28 • t .. i • •, • • 18 .3 .6 Pajd Deliveries Water . The appraiser(s) will determine the value of the Paid Deliveries Water as the sum of three components: (I) the amount per acre-foot charged by Denver to Englewood, pursuant to the 1995 Englewood/Cyprus/Denver Agreement; and (2) the cost per acre-foot to Englewood of pumping such water from City Ditch to McLellan Reservoir, if such water is pumped to Mclellan Reservoir, or the amount charged per acre-foot to Englewood by Den ver or by the Nevada Ditch Holding Company, if such water is delivered to Centennial through the High Line Canal or the Nevada Ditch, respectively ; and (3) a fixed charge per acre-foot to be paid by Centennial to Englewood. The appraiser(s) will only determine the value of item (3), above, i.e .. the fixed charge per acre- foot to be paid by Centennial to Englewood. The appraiser(s) will determine the unit value of . the fixed charge by considering the 1995 Englewood/Cyprus/Denver Agreement, records of Denver 's delivery to Englewood of the Paid Deliveries water. and the reuse rights associated with the Paid Deliveries Water. 18 .3 . 7 Lease of FacjJitjes. The appraiser(s) will determine a single annual lease value for the City Ditch Facilities and the Nevada Ditch by reviewin& records of Centennial 's use of these facilities pursuant to this Agreement, and by recognizing the variable nature of the availability of such facilities for use by Centennial . 19 . Centennial Right of First Refusal to Purchase Enalewood Waw Riabts or Raw Water Facilities . If. at any time during the term of this Agreement, Englewood desires to sell any of its water rights or raw water facilities, including but not limited to those listed below, Centenn ial shall have the right to purchase such water rights or raw water facilities on the same terms and conditions as Englewood shall be willing to sell the same to any other pany. The foregoing shall not be construed to authorize Englewood to sell , or to require Centennial to pu rc hase any water rights or water facilities which are necessary or desirable to wure the deli very of water as required under this Agreement, or to abrogate , limit or subordinate tbe rights of Cent enn ial under this Agreement if Centennial does not exercise its right of first refusal . 19.1 Engle wood Raw Water Facilities . The Englewood raw water facilities tha t are subject to this paragraph 19 ,nclude . but are not limited to. Mclellan Reservoir, City D11 ch . En glewood City Ditch Pump Stauon . McLellan Reservoir Discharge Facility, Bear Creek P1pe hne (fro m Cla. Stree t 10 En gl ewood 's river reservoir at Union Avenue intake), any Engl e" ood groun dwat er wells an d appunenant facilities intended to withdraw poundwater from the De nver Basin . Nevada D11 ch. future raw water transmission facility (from the vicinity of Englewood's Unio n A,enue In tak e or Allen Treatment Plan to the vicinity of Mclellan Reservo ir). 29 .. • t • • . ~- 19 .2 Procedures . In the event Englewood desires to sell any of its water rights or raw water facilities, then Englewood shall deliver to Centennial notice of its desire to sell, which shall include the following infonnation: A. B. C. D. The identity of the asset to be sold; The price to be received, and the tenns of payment of the price: The state of title to the asset to be conveyed. including any liens or encumbrances; and Such other information or conditions of the sale, if any. which Englewood may choose to include . During a period of 60 days following the date of receipt of such notice, Centennial may deliver 10 Englewood notice that Centennial will purchase the asset described in Englewood's notice on the price, tenns and other conditions described in Englewood's notice. If Centennial· s notice is so delivered. then the panics shall close the purchase of the panicular asset at a lime and place reasonably selected by Englewood. no sooner than 60 or more than 90 days after the date of delivery to Englewood of Centennial's notice. Appropriate signed conveyance instruments shall be delivered at closing. together with readily available purchase funds and any note or other obligation for deferred payments. If Centennial fails to deliver timely notice as above provided. then for a period of 548 days following the expinllion of the 60 day period for Centennial's notice. Englewood may sell the asset for a price no less than 95 per cent of that stated in Englewood's notice to Centennial. and upon terms no less favorable to Englewood than those stated in such nolice. If Englewood wishes to sell for a price which is less than 95 per cent of thaa stated 1n such notice to Centennial. or on less favorable terms. then Englewood must recommence the nOlice process described herein . 20 . Mutual Cooperation. It is anticipated that Centennial and Engle~ood wlll work together and use their best efforts to enter into funher and ancillary agreements relatin1 to the construction. operation and maintenance of facilities which would enhance the a\"ailability and quality of water for both Englewood and Centennial . However. such funher or ancillary agreements shall be separate and distinct from this Apeement and this Agreement shall nOl be cond111oned m any way upon the entering into by either pany of any such future or ancillary agreements . ~I . Reversion of Leased Water IQ Englewood . At any time during any year. by mutual agreemen t. Centennial may return 10 Englewood water actually delivered by Englewood 10 Centennial under 1h1s Agreement . En1le~ood shall pay 10 Centennial for the water returned to En gle\.\ood the ame price which Centennial paid En1lewood for such water. If the waacr so returned 10 Englewood 1s reusable water . .ill nghts of reuse shall also reven 10 En1lewood. .,., Default and Rcmedlcs . If euher pany shall fail 10 keep or per(onn any aareemen1 on 11s pan 10 be kept and performed accordan1 to the 1erm1 and prov1uons of d11s Apeement and the other p ny gives nouce specafyin1 the pan1cular default or defaults. the party an default shall ha, e uch penod of umc as provided an SBJd nolace. 11ohich penod of ume shall an no event bl less P Oi.W.S\A GMTS\2003Wat.,, IC 11: 11 I .... t gl Wll CIOC 30 ,, t .. .. • • than 90 days. in which to correct such default or defaults, or institute action reasonably calculated to correct such default or defaults. Due to the uniqueness of the subject matter of this Agreement, the inadequacy of legal remedies, the extreme difficulty which may be experienced in calculating damages. and the impossibility of returning the parties to the conditions that existed at the time this Agreement was made, the non-defaulting pany shall have the right to specific pcrfonnance as a remedy. Waiver or failure to give notice of a particular default or defaults, shall not be construed as condoning any continuing or subsequent default. If either pany should contest any action pursuant 10 this paragraph in court, this Agreement shall remain in effect pending a determination by the coun in said action. Notwithstanding the foregoing provisions of this paragraph 22, if either pany fails to pay a liquidated sum of money, then the other pany may give the defaulting pany wrinen notice of the default, and if the default is not corrected within 20 days after the date of receipt of the notice. then the non-defaulting party may, at its election. terminate this Agreement by notice delivered to the defaulting party within 30 days after expiration of the 20 day period. A liquidated sum means a sum which is fixed or can be readily calculated under this Agreement. and as to which there is no dispute that the sum is due. An e:iample would be a failure to pay a fixed annual lease payment when there is no dispute that the amount is due. The prevailing party on any claim of breach or default shall be entitled to recover from the other pany its reasonable anomeys fees, costs and other expenses related to the claim on which it prevailed. 23. ~-Except as otherwise expressly provided in parapph 10.3.1, all notices, consents or other instruments or communications provided for under this Agreement shall be in writing, signed by the party giving the same. and shall be deemed properly given and received when personally given and received, or three business days after mailing. if sent by registered or cenified United States mail, postage prepaid. addressed 10 a party at its address set forth below or such other address as such party may designate by wrinen notice to the other pany: To Englewood: To Centennial : Director of Utilities City of Englewood 1000 Englewood Parkway Englewood, CO 80110 General Manager Centennial Water and Sanitation District 62 West Plaza Drive Highlands Ranch, CO 80129 24 . Assignment bv Either Pany. Absent prior written consent by Englewood, which ma. be w11hheld without cause. Cente'lnial may not assign its riplls or obligations hereunder e:icept 10 a successor enuty which serves water only to the Centennial Service Area described in paragraph 7. I . Absent prior wnnen consent by Centennial. which may be withheld wilhoul cause . Englewood may not assign its rights or obligations hemmder provided. however, dl8I Englewood may assign to a governmental or quu1-govemmental provider of W81111' for municipal P -IAGMTS\2003W.-FICII' 11 SupplyAQl-._dDc 31 .. t (J purposes which has sufficient financial strength and water resources to provide at least as much water to Centennial as Englewood is reasonably likely to provide. 25. Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the panics and their successors and assigns, provided any assignments are made in accordance with paragraph 24. 26. No Third Panv Beneficiaries . None of the terms or provisions of this Agreement shall be deemed to be for the benefit of any person or pany other than Centennial and Englewood . 27 . Entire Agreement. This Agreement constitutes the entire understanding between the panics with respect to the subject matter hereof and all prior agreements or understandings shall be deemed merged herein. No representations , warranties or cenifications. express or implied, shall exist as between the panics except as stated herein . 28. Modifications in Writing . No amendments, waivers, or modifications hereof shall be made or deemed to have been made unless in writing executed by the p_rty to be bound ·thereby . 29. Severabilitv. If any provision of this Agreement shall be invalid. illegal or unenforceable. it shall not affect or impair the enforceability of any other provisions of this Agreement. Englewood will vigorously defend any attack on the ability of Englewood to deliver water under this Agreement to Centennial for use by Centennial , and will encourage Centennial to join in the defense . Despite potential panicipation in the case by Centennial, Englewood shall have the sole right to settle the litigation. but only after reasonable consultation with Centennial and receipt and consideration of Centenniars views on settlement . If an adverse judicial ruling is received. or an adverse settlement is made. with respect to the ability of Englewood to deliver water derived from any Englewood water right or contract right pursuant to this Agreement to Centennial for use by Centennial. then Englewood in its sole discretion shall determine whether to attempt to amend any applicable Englewood decrees or contracts or take other steps to ameliorate the impact of the adverse event . However, Englewood shall reasonably consult with Centennial concerning its course of action. prior to reaching any final conclusion . If Englewood dec ides not to take action to enable delivery 10 and use by Centennial under the disputed water right or co ntract. then Englewood may provide the water in question to others, free of any of the co nstrai nts est:iblished by this Agreement ; pro vi ded, however , that prior to malting a final decision to pro vid e the water to others. Englewood shall reasonably apprise Centennial of the terms . co nditi on, and circumstances under which it will provide the water to others. and provide Centennial with a 30 day period within which to propose a methodology whereby approximately the sa me quant11y of water could be provided instead to Centennial. Englewood shall be under no obligatro n to accept such a methodology. but shall afford reasonable and careful consideration to Centenniars proposal. 30 . Applicable Law . This Agreement shall be interpreted and enforced according to the laws of the State of Colorado . P·ld1anas\AGMTS\2003W11 .. Facd~...SupplyAgr-,,lcloc 32 t .,.. .. .•' • • - • 0 . 31. Headings and Captions for Convenience. All headings and captions used in this Agreement arc for convenience only and are of no meaning in the interpretation or effect of this Agreement. 32. Term and Renewals of Agreement. 32.1 Term of Agreement. The term of this Agreement shall include the Initial Term and. if the renewal options hereinafter specified arc exercised, the Renewal Terms. all as hereinafter specified. 32.2 Initial Term. The "Initial Term·· of this Agreement shall be 20 years commencing January I. ~003 and extending to midnight on December 31, 2022. 32.3 Renewal Options. Centennial shall have the option to extend the Initial Term of this Agreement for up 10 four additional successive 20-year periods. The First Renewal Term shall commence on January I. 2023 and ei11end until midnight on December 31. 2042. The Second Renewal Term shall commence on January I , 2043 and shall extend until midnight on December 31. 2062 . The Third Renewal Term shall commence on January I, and shall extend until midnight on December 31 , 2082. The Founh Renewal Term shall commence on January I, 2083 and shall extend until midnight on December 31. 2l02. 32.4 Procedures {or Renewal. Centennial shall exercise the options to renew the term of this Agreement by giving Englewood notice of the exercise of the option at least one year before the next Renewal Term is to commence. It is recognized that. due to the lon1 term nature of this Agreement. there may be an inadvenent failure of Centennial to give timely notice of Centennial' s desire to e,uend the term of this Agrcemenl. Accordin!)y. if Centennial fails to give notice 10 Englewood of its desire.to exercise any option 10 renew. Centennial shall. in any event. be required 10 give such notice within 30 days after a notice from En1lewood 10 Centennial advising Centennial that Centennial has failed to give notice of its intent to exercise 11s option 10 renew . If. through inadvenence or otherwise. neither party gives a notice. this Agreement shall auromatically continue on a year-to-year basis . If Englewood subsequently gives notice and Centennial fails 10 exercise its option 10 renew within 30 days after such notice. this Agreement shall expire on midnight of December 31 of the year in which such notice is given b. Englewood. provided such notice is given 10 Centennial at least 30 days prior to such December 31. 33 . Condemnauon . If either pany commences an eminent domain proceeding to acquire propen. of the o ther including. but not lim11ed to. pro peny in the name of or held by a duch company 1n which a pan~ holds shares , then the condemnee or holder of the ditch company shares may 1enmna1e all or an~ pan of this Agreement at such time or times u the condemnee choo es . b . nouce ro the condemnor. The term "propeny" includes. but is no1 limited to, easements , nghts of wa~. le:iseholds. carnage capJclly in wa1er conve~ance faciliues. stora1e nghts 1n re ervo1rs , water nghts. nghts to receive wa1er. and other con1rac1ual ri1h1.S . 34 . Coun1erpans . This Agreemen1 may be executed in counerpans. all of wtuch taken together shall constitute ne and the same Apeement . P ldtanas1AG MTS\2003WalefFac1141HSUSJl)ly~ doc 33 t . ... .. ·: • • IN WITNESS WHEREOF. this Agreement is executed to be effective as of the day and year first above written. CITY OF ENGLEWOOD By:----------- Mayor Attest: City Clerk CENTENNIAL WATER AND SANITATION DISTRICT By: _________ _ Chairman Attest: Water Supply and Facilities Ap-eement Exhibit "A" Payments Due from Centennial to Eng]ewood Water Supply and Fadll1lea Ap'teaeat Enlhff "A" Payments Due from Centenni•I to Bqlewood Prom 1/5198 Aareem,:nt: Der-abs 2002 delivery of 7' AP • S371JAP • $27,900 -Pmnpin1 llld opendoml COits far delivery of c.em,,,n;,1·1 water usina tbe Oty Dilda Plllllp S1ldaa: • October, 2002 • November,2002 • December, 2002 (Mlio•) Sl.949.14 4.506.41 5.000.00 Sll,455.55 Water Supply and Facilities Agreement Exhibit "B" Outside City of Englewood Water Service Areas The City of En&)ewood serves treated water to the followin1 areas ouuide of its municipal boundaries: The Cherryhills Rancho area. roughly bounded by S. l..afaycne Suect extended on the east to S. Clarkson St on the west , and U.S. Jti,tiway 285 on the nonh to E. Oxford Lane on the south: 68 accounts, Along S. Clarkson Street from E. Quincy Ave. south aoE. Belleview Ave.: 16 accounts, E. Radcliff Ave. east ofS. Clarkson St.: one account. E. Stanford Ave . east of S. Clarkson St.: 5 accounts, E. Tufts Ave . east of S. Clarkson St .: one account. Viking Drive east of S. Clarkson St.: 15 accounts, and Centennial Acres bounded by W. Belleview Ave . on the nor1h, W. Beny Ave . on the south, S. Irving St . on the east and S. Lowell Blvd. on the wat: 307 accounu. Th.? total count for outside city accounts is 413. 1 ~ • . . . ·, • 1,\ ' • ,, .. ~. "I,.' ... ' .,·· I I ' .. • Legend Area to be SeNed by Englewood Water ~ Alea lo be Served by Englewood Waler \, ' • . . i.;·· '! .. -· ...• ,· -!'! .. '· ' .;I_ •l·: ':\ •. •. 0 3.D 7.000 ,... v ... 1993 I 1994 1995 19911 1997 19911 1999 I 2000 I 2001 I 2002 I 2003 I 20(M • 2005 I 2006 ; 2007 2008 i 2009 I 2010 i 2011 I 2012 I 2013 I 201• I 2015 ; 2016 I 2017 2019 : 2019 I 2020 : 2021 I 2022 2023 202• 2025 2026 2027 I 2029 2029 2030 I 2031 i 2032 I 2033 I 203-' 2035 I 2036 I I 2037 I 203' ' I 2039 1 Water Supply and Facilities Agreement Exhibit D Example Calculation v ... in,,_ Cclumnl Comoullld in J-.-ol lht CIIIWII Y• 1111111 an Pl-. V.._ l 1"-Cclumnl ,_ Nol tit~ Uni! End olY• Annual EnelolY• EnelolY• EndolY• 10,ur 10ya Tlnlhold T!nlhcld Rlducll tnnm Connel Higll PriCld Mldlulll PriCld Loll PriCld Minimum ,._ Sum 8ufllr AmolMII 1'lullhald 11-lald Tlnsllolcl w• w• w. w• 1500 NOTES : Al V.._ In Acn FNI 1500 I 1500 y-, 2003 twaugh 2015 n molfflld III tit .. Tlll9lhald 1nM1r1 ""1od. Fora-,-s. 1500 .. lnlllald ilNl lly~ nalcalcullllan, -------in ... 1500 ol llml -, --orlllCIIICII Clllltract-1500 I I I I 1500 I I I 1500 I I I 1500 I I I 1500 I 1500 1500 1500 I 0 0 0 1800 2000 1600 0 I 400 1500 1550 2000 I 400 0 0 i 1700 ' 2200 I 1700 0 I 500 1500 1620 2900 I 900 0 0 I 1800 ' 2500 1800 0 I 700 1500 1720 I 3400 I 900 0 0 I 1800 f 2700 1800 0 I 900 1500 I 1840 ! 3800 I 900 0 I 0 I 1800 l 2600 I 1800 I 40 I 790 1500 1950 3500 900 I 0 0 1800 l 2500 1800 150 I 550 1500 2050 I 3400 900 I 0 0 1800 I 2600 I 1800 250 I 550 1500 2160 I 3500 900 I 0 0 1800 I 2400 I 1800 JIO : 2.U 1500 mo 3300 900 I 0 0 1800 i 2500 I 1800 450 250 1500 2350 I 3400 900 I 0 0 1800 I 2IIJO 1800 550 450 2000 2..0 I 3700 900 I 0 0 1800 I 2600 I 1800 • 120 2200 I 25«1 3500 900 0 0 1800 I 2700 I 1800 7«1 180 2.aG I 25111 I 3IOO I 900 0 0 1800 I 2700 111111 7W I 1,0 2.aG 2610 3IOO I 900 0 eao -l 2500 I -100 a 2.aG 25111 I 3400 I 900 0 0 2«IO I 2500 I 2400 100 0 2400 I 2580 I 3400 900 .~ 0 2400 I 1200 I 1200 0 0 1200 I mo 2100 0 I 0 2100 900 800 0 0 900 I 2270 800 0 I 0 800 ' 100 , 100 0 0 100 I 2IMO I 100 0 I flllll 0 100 I 900 I 100 700 ' I 0 100 I 1870 I 800 700 I 0 0 100 1100 100 1000 I 0 100 I 1700 I 1800 900 0 0 100 1300 100 1200 0 100 1570 I 2200 900 0 0 100 1400 100 1300 0 100 1UO I 2300 900 0 0 100 1aoo 100 13«1 180 100 1330 I 2500 900 0 0 100 1400 100 12lll 10 100 1220 I 2300 900 0 0 100 1300 100 mo IO 100 1100 I 2200 900 0 0 100 1800 I 100 1000 700 100 1160 2700 900 I 0 0 100 2000 I 100 10IO 840 100 1280 2900 900 I 0 0 100 2200 I 100 1110 ! aoo 1•90 3100 900 I 0 700 800 2100 I aoo • I 11 00 1620 3000 I 900 I 0 DI 1100 1900 I 1100 5211 1 1300 1690 2700 900 0 2IIO 1300 2IOO 1300 • I 1300 1920 3500 900 0 0 1300 2700 1300 5211 1300 1950 3600 900 0 0 1300 2500 1300 I 1300 I 2IMO 3400 900 0 0 1300 2900 1300 7 1300 2160 3500 I 900 0 0 1300 2700 1300 I ,aoo 2300 i J600 I 900 0 5GO 1800 2800 111111 ! 1900 2.ao 3700 I 900 0 0 1800 2500 1aoo eao t ..• • I • • ' I t ~ i I _:/ 1 I I ' ' I \' w~.~; -s~~p1y ;~d -F~cmues-~re~;;~ Exhibit E ------. -·-.-----,• .. ·--·-· . . i ' . I I .• , I' ~ I ,t I \. "( Water Delivery Measurement Points 1. City Ditch Pump Slalion: U.. on dllchalga plpslQ 2. Nevada Ollcn Fune: Fune......,_ ....... IINl*n a1 dll:tl an11 So. Plllla Ra. 111.111P 11a11a11 ...._, 3. Lat Chance Ollcn Fune: Fune......,_ llllnDlll lllllduN al dld'I and So. Plllla Ra. 4 . Dad Clark Gulch Flume: Dad Clark Gulctl di ...... lnlm Hlghlne C.. lumcu ..... 5 . Dad Clark Gulch t.teear. Yeler lnllaled In 31" pipe undlr ~ c-470 6 . Highllne Canal Gale No . 29 + 427 ... :i • ' 1 L~ . ,_ ~.. "\.:, s ... .. ' ! ',\i t· • ). -+~ I o ,.-a.a ... • I c-470 I .#'.' ~-~f CJ: ~ "· I '// ii Ii // f ~ 0 • Ill I ,·· . I . .i ,.,· : ____ . __ --·-·. -·---~-·---· -.. • .. --... --.-~-- J Water Supply and Facilities Agreement] Exhibit F . --· ·-·--·-. ·--. -· .. -... -·,--· ... -... ·--- .·~ ~ I /• ' J 1/i ct-> ,t -~/ ]I ~r-~-~--·Dllch_Slalion ____ J ' I Chadleld R~ Legend General Features ~~~-Cen1enrur1Plpelinel ~~~-~iglewood'1 Plpelinn -·-·-·-CllyOllcll -•• -•• -Lael Chance Dllch -···-··· ..... Dlch -.. ·-... -. Dad Clar1I Guk:t\ ' ' . ! :~ ' I. 1 '. • N ·+·! I 0 ,.-·-Fell Water Supply and Facilities Agreement Exhibit "G" 1995 Englewood/Cyprus/Denver Agreement Paragraph 3.3.S • SETTLEMENT AGREEMENT F 31.f 44 This Agreement made and entered into this II? day of ~ 1995, 'by and between the CITY AND COUNTY OF DENVER, acting b~through its BOARD OF WATER COMM!SSIONERS ("Denver"), THE CITY OF ENGLEWOOD("Englewood"J, and CYPRUS CLIMAX METALS COMPANY, ( "Cyprus" J (collectively, the "parties"), WIT,NESSETH: WHEREAS, the City of Englewood owns water rights decreed in C.A. 657 and Case No. W-750-78 ("Cabin-Meadow Creek Water Rights") which divert from tributaries of the Fraser River in Water Division Nwuber 5 for municipal use; and WHEREAS, Denver owns and operates a water collection system which diverts water under its water rights from the Fraser and Williams Fork River basins for municipal use; and WHEREAS, Cyprus, through its wholly-owned subsidiary, Climax Molvbdenum Company, owns and operates the Henderson Ore Reduction Plant ("Hendersori Mill") located in the Williams Fork valley, which processes ore from the Henderson Mine. Cyprus needs a firm water. supply to insure its ability to process ore at maximum production capacity during periods of drought; and WHEREAS, Denver and Englewood entered into a Nater Exchange Agreement dated March 17, 1964 1•1964 Water Exchange Agreement•), and Denver, Englewood and Cyprus entered into a Modification of the Water Exchange Agreement dated September 2, 1969 c•1969 Modification"), under which Denver carries Cabin-Meadow Creek System water through its water system and delivers, by trade or exchange, water to Englewood on the South Platte River tor municipal use within the Englewood Service Area, and also operates its Williams Fork System to provide water to Cyprus on the Williams Fork River for use in the Henderson Mill. Englewood, Cyprus and Denver agreed to share the yield of water produced by the Cab i n-Meadow Creek Water Rights; and WHEREAS, Epglewood and Cyprus entered into an agreement dated September 25, 1969, as amended on September 26, 1969, whereby Englewood and Cyprus agreed to jointly develop the Cabin Meadow Creek Water Rights and to share all costs connected with the development, operation and ma i ntenance of the Cabin Meadow Creek System; and WHEREAS, Eng l ewood developed with Cyprus' assistance a col l ection system 1•cabin-Meadow Creek Systea•) by which to d i vert and carr y water diverted under the Cabin-Meadow Creek Water Rights; and /'. " t .... .. '. • . ··" • • • •- Denver'! decrees. Wher. wate:-frorr, Reusable Sources is physically available at the time of delivery, Denver shall deliver such water. I: these Reusable Sources are not avai 1 able, Denver shall del.:. ve:-from storage other. municipally decreed sources available tc Denver. The determination o! which stcraae sources are available is within the sole discretion o·! Denver. Nothing in this Agreement shall be construed a:, creatinc anv obliaation on Denver tc have Reusable Scurces in its system er requiring Denver to operate the Roberts Tunnel i~ any manner. 3.3.4 Ne carrv-cver. Englewood must take Paic Deliveries befcre July J c: the year of designation. Enclewood shall forfeit anv Faid Deliveries desianatec anc made available bv Der.ver bu: :'1Ct taken before Juiv 1. Any forfeited ?aid Deliver.:.es sha:: be retalned bv Denver for its sole and exclus.:.ve USE. E;.c:ewcod is net reccired tC oav for undel:vered ?aid I:.el:.ver:.e·s; hcwever, all ·Paid Deliveries designated by ~enver coun: aga.:.ns: t~e amounts set forth i;. --' J.; ..... 3.3.: Denver Coera:.:.c;. c: ~C ~xcr.ances. Denver may operate in-priority exchanges ~r.aer the aecrees in C.~. 36~:, case Ne. w-S7E3-7i or Case Ne. w-6~:E-7E !"Exchanae Decrees"; usinc water introducec intc the south Flat-c.e River Bas:r. fron-, Englewood's CMC Water Rights er De:wer' s water rights decreec from the same sources tc the Moffat Tu~~el Collection Syste~ ir. C .A. 14 30 ( "CMC Exchanges" i • CMC Exchanges may be performed by Denver only between Mayland August 31, and may be performed only wher. calls are being administered for senior water rights of cthe:s on the South Platte River below the point (s) at which CMC Exchange water is delivered into the south Platte River mainstem tc satisfy the calling water right or cc otherwise sat.:.s!y ser.ior downstream water rights. Denver's diversions and storace from the South Platte River under CMC Exchanges shall be l°imited to the lesser of (a) 95 cfs or !bl the amount cf water called for by downstream senior riahts on the South Platte mainstem during operation of the CMC Exchanges. Under the Excr.ange Decrees, any CMC Exchanges 't c Chatfield Reservoir shall be operated under an administrative date of 1976 or 197i and to Strontia Springs Reser voir under a priority o! 1962. Enclewood, and any entity who i s entitled tc receive the Paid Deii veries pursuant to a written contract with Englewood spec.:.fically for use c! the Paid Deliveries ("Contract Users of Paid Deliveries"i , shall not ctject in any forum or manner to operation of CMC Exchanges cy Denver in accordance with this Agreement. :o: purposes ct this paragraph 3.3.5, centennial Nater and Sanitation District c•centennial•) under the 1Si7 Lease Agreement or 1980 Water Supply Agreement, shall not be considered I Contrac: User o! Paid Deliveries unless it 6 t _,,. .. .· • • • • •-314 is entitled under an amendment or new aareement to receive all Paid Deliveries. Before any entity including Centennial is. made a Contract User of Paid Deliveries that entity must agree to abide by this paragraph 3.3.S. 3.4 Schedule of deliveries. Denver shall make Basic and Paid Deliveries unoer the proceoures set forth in Exhibit A. Denver shall only make available Paid Deliveries during the period May l throuch June 30 under the p:ocedures set forth . in Exhibit A. Enalewood is solely responsible for coordinating any Basic anc Paid Deiiveries to its lessees or users. Englewood shall not request sasic or Paid Deliveries i! the water is no: needed for municipal pu:poses by it or its lessees or users. 3.!: Point of Del.iverv. Water des.:.gnated by Denver under this Article ::I snail oe meas~red and delivered into the South Platte R.:.ver intc or below either S:ront.ia Springs Reservoir o: Chat!ield Reservoir, at Englewood's request. Stream or ditch carriaoe :.csses, if any, between the poin: o! delivery and any othe: ccwnstream points of diversion are tc be absorbed by Englewood. 3.E Tvce of Water. Water delivered to £nolewood under this Article II i shal.1 be decreed for municipal use and shall be l awfully available for storage. Denver may deliver to Englewood water decreed either for direct flow or for use by exchange only with Englewood's consent. Except as described in this Section 3.E, however, Englewood takes the type of water •as is" with respect tc Denver's decrees. Nothing in this Agreement shall be construed tc require Denver tc change its decrees. 3.7 Use of Delivered Water . Nater delivered to Englewood shall be usea only for municipal purposes within the Denver metrcpoli tan area and shall be used consistently with Denver's decrees. Article IV Cvcrus-Denver Provisions 4. l Cab i n-Meadow Cree it water. Denver shall have the right to use, reuse, successively use and dispose of all waters produced by the OtC Water Rights and OfC System for any municipal use by Denv er's customers in the Denver metropolitan area con1istent with the Decree entered in Case No. N-750-78. 4.2 Amount of Hater Provided to the Henderson Nill. While the Henderson Rine Is in operatior., Denver's lllllaaa Fork Sy1tea sha ll be exerci sed so as to provide up to 3,000 acre f .. t of water frcm the Will i ams Fork River and its tr!butarie1 for di•er1ion and use at the Henderson Hill Cthe •cypru1 Credit•); provided that no more treouently than once durin9 any ten conaecutiwe Water Yeara, Denver uy, by Aprrl 20 of the Nater Year, notify Cyprua that only 9 314 44 conditions that existed at the time of this Agreement, the non- defaulting party(ies} shall have the right to specific performance as a-remedy. Waiver or failure to give notice of a particular default or defaults under this Section shall not be construed as condoning any continuing or sul:>sequent default. 8 .18 Term. This Agreement is perpetual, except for the provisions concerning ·-cyprus which shall terminate when the Henderson M:ne ceases operation under Article II. ATTEST: APPROVED: L•ea~nS f"""-\_ ATTEST: ,4.i.". secretary Clff .l1m COUN'l'T OF DERVER acting by and through its BCARD OF WATER COMNISS10NERS Ey: ~l't/4 P:-es1aent REGISTERED AND COJ.1NTERSIGNED Donald J. Mar_~,, A~~ ,,... L t-, I[·..;> / CYPRUS CLIMU 1CE'1'ALS CCNPDT I • :. 1 ' t '' . I·, C l ,:1· .. ,I I '· . ~ _-.:.., '\ \_' \.''< i\ ·,.' I ·lj; . f 1 ~ • • l ,' ! ! .. I ~ f t • ~; l f I • . ' . .J , ' . . 1 · I ; Water Supply and Facilities Agreement I Exhibit H -·-----· ... ·····-·---.... ·. --·---·--r~- I · '.· l · · .. ,t ' . . .. ., l,,~---J C-470 j, ,. l j I .. . . I ! !· i l . , ,, I . . \ \ . 'i' . f \ I I l I \i·" '.'- I q •., \ .. . .,..,_ . "··· ,·. •,. ;1 J ,: t , I ••• t ' \ . : . Englewood Physical Facilities in Which Capacity is Leased to Centennial fZ223 Mclallan~ ----City Oildl lnlm aiallllll AewlfQS Didi OIIIII W ....,_ID .. Cir Dlldl P\lnlp 111111111 Nevedll Ollctl hffl Olalllld AewlfQS Didi OIIIII ...... ....,._ID .. lumaul IINl*n CN1 ·-·-.. dlldl .. ...,. ........... 1Dc•••_. ........ ._. Mclalan ,__. ID .. Dllclwgl F .... IINdlll llNd llalll lDc:any...,._ .. -City Oildl P\aip 111111111 ID Mclalan ._._ Ml Ina Mclllllll ,__.ID .. Dildlavw F ... • City D*:11 P\aip ..... ·+· s 0 ,.-2.CIGO • • Water Supply and Facilities Agreement Exhibit "P' Agreement between Englewood and Denver dated October 3, l 99S CI CITCB/BIGI LINE CAHAI. AGREDCEIIT THIS AGREEMENT is made and entered into as of the~ day o~ 199~, by and between the City and County of Denver, acting by and through its Board of Water Commissioners, a municipal corporation of the State of Colorado ("Denver":, and the City of Englewood, a mur.~cipal corporation of the State of Colorado ("Englewood"). Recitals A. Englewood and Denver wi!h to arrange for delivery of water to each of them ~rom a cite~ owned ty the other. Englewood desire! deliveries from che High Line Canal, and Denver desires deliveries from the City Ditch. e. The High Line Canal C"IU~h Line") i! owned and operated by Denver. An outlet from the High Lir.e is used by Englewood to supply water to McLellan Reservoir. c. Englewood owns and operates the City Ditch from Chatfield Reservoir north to Harvard Gulch blow-off. Denver owns the City Ditch from Harvard Gulch north to its terminus. Englewood uses City Ditch to convey water for Englewood's use tc McLellan Reservoir and Allen Filter Plant, and also to supply various contract users who · diver: from City Ditch south of Harvard Gulch. Denver uses deiiveries from City Ditch to supply water to parks and to contract users below Harvard Gulch. D. Denver's rights to deliveries from City Ditch at Harvard Gulch and Englewood's rights to deliveries from the High Line are contained in a series of contracts, but are due to expire on November 1, 1998. Denver and Englewood desire to extend the term of their respective rights to deliveries from City Ditch and the High Line. Therefore, the parties have agreed ,as follows: I. IIGB LINZ CAKAl. 1.1 Deliveries to Enalewood. Whenever Denver is running water in the High Line at least as far as the turnout to HcLellan Reservoir, Denver shall divert at the High Line diversion dam not less than 5 cubic feet per second Ccfsl and up to 60 cfs of Englewood's water. Englewood shall determine the amcunt of its water to be diverted, up to a maximum of 60 cfs. Denver shall continue to operate the High Line for deliveries to contract users north of McLellan Reservoir under the 1879 High Line Friority. 1.2 Notice. Denver shall give Englewood reasonal>le advance notice of tFiet"ime when Denver will begin running water through the ff • High Line. When Denver notifies Englewood that water is running 1n tr.e ~!gh Line, Englewood shall give Denver 48 hours advance notice of the amount of its water to be diverted, including rate and duration of flow. Denver shall make all reasonable and practical efforts to comply with Englewood's directions concerning co11111enceaent ti .. , rate and duration of flow. Denver has the right to terminate diversions of Englewood's water, so long as all diversions of water into the High Line a·re terminated at the same time. 1.3 Measurement and Ditch Loss. Enqlewood shall bear a ditch loss of 16 per cent 1161) ot its water, diverted at the Hi9h Line diversion dam, as measured at the ga9e adjacent to Platte Canyon Reservoir, for delivery to HcLellan Reservoir. The deliveries cf Englewood's water will be measured at the qaqe on Dad Clark Gulch bet~een the High Line and McLel!an Reservci:. For example, if 60 cf1 is c1verted fer Englewood at the c;ve:sicr. cam. !0.4 cf1 shall be delivered ttrcugh the Dad Clark gage. Ir. the event that any improvements are made to the High Line which decrease 1ts seepa9e lesses, the amount of ditch less wh:ch Er.q!ewcod :in:st bear ahall be app:opriately reduced. . 1.4 Waiver bv Denver of Ditch lesses. Notwithstandin9 paragraph 1.J, Denver snail, tc the extent legallr per111ssible, waive the 161 carriage loss when Denver is carrying En9 ewood'a water 1n the High Line along with water diverted by the High Line 1179 priority: provided that, Cenver is not proh!tited, for reasons beycnd · its control, from constructing the improvements propc1ed in paraqraFt. 2.1.2. Englewood shall continue to bear the 161 carria9e loss whenever Denver is not diverting under the 1879 High Line priority (i.e. the Antero Contract Run). Whenever the 161 carria9e loa1 ii wu ved, Denve ,r' s maximum di version and deli very rate for Englewood shall be reduced from 60 cfs to 50 cfs. ' 1.5 Water 9ualitv. Denver makes no warranty as to the quality of the water cei1vered to Englewood, and Englewood will accept saae "as is•. 1.e Maintenance Responsibilitv. Denver shall ··opu and maintain the High Line for ael1very of EAglewood's water HcLellan Reservoir. Englewood shall pay a proportionate share of operation and ~aintenance costs as described in paragraph 1.i. Englewood shall mair.tain the present measuring flume at the HcLellan Reservoir turnout, at Englewood's sole expense. 1.6.l Shut-off of deliveries. ~enver shall pertora any ma1nter.ance work requiring either a complete Qr partial 1hut-off of deliveries in the Hiqh L1ne w1th the utaolt expediency to m1r.1mize water lo1se1. Except 1n ... r9ency 11tuat1on1, Deft r shall notify Englewood ot al coaplett or part11l I toff at least 48 hour• in advance. 1.6.2 Annual In1pec5;or.. aepr•• t1t1 , ot Denver will perform annual Joint inspections of the High Line to determine maintenance work :eouired to continue to deliver the rates of flow set forth above: The inspection of the High Line wHl be limiced to the reach between the South Platte River diversion dam and the McLellan Reservoir turnout. The annual inspection shall be made so that all required maincenance work will be completed, to the extent practical, prior to April 1. i. i Enalewood's Share of Hiah Line Excenses. Englewood shall pay a proport1onal share of the Soard•s annual 81gh Line acministration, operation and maintenance expenses(including depreciation) on that portion of the canal from and including the Hiah Line diversion dam to McLellan Reservoir (a distance of 16 m1ies, more or less!. Denver will not charge Englewood for High Line capital costs, defined as the ccr.s:ruct:cn of new physical structures o: :~:rcvements to ex1s:1na structures chat will have a useful life c~ f~ve years or more(except for aeprec:atior. which shall be included :~ cperat1on anc maintenance expenses and calculated under generally accepted accounting procedures consistently apFlied). Englewood's proportional share of those costs shall be based on the ratio of the volume of water diverted for Englewood at the High Line diversi·on dam co the total amount of water diverted by the High Line from the South Platte River. 1.7.l Calculation. The ccmFutation of Englewood's share of costs shall be 1n accordance with the following formula: CE• (16/63.6) x Ca x (QE/Qa). Where: 16 63.6 • Qt • Length of the High L!ne in miles from the High Line diversion dam tc the turnout for HcLellan Reservoir on Dad Clark Gulch. Length of High Line in miles from High Line diversion dam to its terminus at the Rocky Mountain Arsenal turnout. This distance may change in the future,depending on Denver's operations. Total annual High Line diversion, in acre-feet as measured at the gage adjacent to Platte Canyon Reservoir. Total annual amount of Englewood water diverted or delivered into the High Line, in acre-feet, as measured &t the gage adjacent to Pl&ttt Canyon Reservoir. The Board's total annual co•~• for -·- Ct administration. operation and maintenance of the High Line rbased upon actual miles operated by Denver). Englewood's proportional share ot annual High Line costs. II. CITY DITCI 2.1 Deliveries to Denver. 2. l. l Sa sic Del! ve:v. During the period of April 1 throu~h October :1, :nclus1ve, Englewood shall deliver to Denver throu~h the C:ty Ditch at Cenver•s request u~ tc 10 c!s of water at Harvard G..:!.cl". rmeuurec: at the Wash::,,otor: Fark !lume) I "Sasic Delivery";. · 2.:.2 ~:,,laroemen: cf easic Delive:v. Upon replacement by Denver cf apprcx1mate1y !00 l1nea1 feet of :E inch diameter corrugated metal pipe ccnveying City Ditch water between the street and alleyway adjacent to the residence at 3018 S. Grant Street, Englewood, Englewood shall deliver, at Denver's request, up tc lJ cfs co Harvard Gulch, but no sooner than April 1, 1997. Denver shall also be res?onsible !or improvements,it any, to the City Ditch ncrth of and ::,,eluding Hampden Avenue to enal:lle the delivery of l J cfs to Harvard Gulch. Englewood shall be respcr:sicle !c: any maintenance activities necessary to convey the lJ cfs to Harvard Gulch. All surveys, engineering and ether studies. and construction in connection with any imprcvements shall be per!onied at De~ver's sole expense. En9lewood shall cooperate fully 1n allcw1ng any necessary investigations anc const:ucc:o~. No such ccnstruction, however. shall be perfcrmed withc ut the ~rior wr1tte~ ccnsent of Englewooc. which shall not be unreasonably withheld. ,enver shall ccmply with Englewood's reascn1ble design standards or cr1ter1a in making these imprcvements. After sat:sfactorr completicn of such replacement and improvements, Englewood shal deliver 13 cfs to Denver at Harvard Gulch, !rom Aprill through October 31 of each year. Denver will allow Englewood until A;:ril l 1997 to perform maintenance act:vit:es(!nclu~in9 the removal cf silt or debris) necessary to deliver the 13 cfs. 2.1.J Location ot Other Deliveries. Denver may require Englewood to aellver, th:ough the City Ditch, any portion ot the 13 c!! ctherw1s e del.veracle at Harvard Gulch to any exist!n; deliverv structure or structures south of Harvard Gulch for i:rigat:on ct parks, cpen SFace, and golf courses of Denver or its cusccmer!. Such del:ver1es shall be in addition to the del!veries which Englewooc is already required to make to ex 1st:nq contract users south of Harvard Gulch. If Denver wishes :o utl :ze new de.:very st:uctures, Denver shall pay to 4 t .· • • ,.. ,,·. I I I I I Englewood the full cost of the construction of the new delivery structures. Enqlewood shall per!::-:n the constructic .. d~::~; periods when no interruption of flew will be necessary. 2.1.4 Interruction of Deliveries. In •emergency situations," Engiewood may temporarily reduce or eliminate the deliveries of 10 c!s or 1~ cfs pursuant to paragraph 2.l.l or 2.1.2. respectively cc Denver at Harvard Gulch (or south), so as to increase the f~ow in Citv C:tch available for diversion into Englewood's Allen filter plant. ,~ •emergency situation• is defined as a casualty, such as an accident, mechanical breakdown, burst ~ipe, flood, ;resence of a harmful pollutant which is a threat to the healer. and safety of Englewood's residents, earthquake, fire or windstorm, which causes Englewood to be unable to make full c se c! its points of diversion frcm the Soucr. Platte ~:ver er Eear Cree~. ether than City Ditc~. Ir. the event of an 1nterrupc:cr. d~e tc an emergency situation, Englewood shall take a ll reascnable and practical actions to enable it promptly to resu:ne !~ll deliveries to Harvard Gulch or such other location as Denver may desire. If the reduction or elimination of de !1 ver1es at Harvara Gulch (the reduction) lasts for less than 24 hours, Englewcod s~all not owe Denver any compensation. rcr anr period cf reduction in excess of 24 hours, Englewood shal pay Cenver fer the amount of water not delivered due to the 1nterr~ption te the extent the interruption lasts more than 24 hours. ror example, in event of a interruption that !asts 30 hours, Englewood would owe Denver for the amount of water not delivered for the last six hours. Englewood shall pay Denver for such ~acer at Denver's lowest then current OUtS!de City raw water rate when the ·interruption occurs. 2 .•. ~ :nterr~ction !er Mainter.ance. Englewood shall pe:tc::a any aunttnance work requiring either a complete or · partial shut-off of deliveries in r.J,ty Ditch with the utmost expediency to a1n!:1:e water lesses. Englewood shall, except in emerqency s1tuat!cns, noti!y Denver of all complete or partial shuto!f at l east 48 hours in advance. 2.1.E w,:er c:~al!tv. Englewood makes no warranty as tc the qu1 1ty of the water del i vered tc Denver, and Denver will accept s~e •as is~. 2.2 !no ewood's Oc erational Rescons:bility. Englewood shall cont:r.ue cc c?erac e anc ma!nta1n City Ditcn from the Chatfield Reservcir cu t et works to the Harvard Gulch blow-off. Englewood !hal . ~rcv1ae w1ttr te meet Denver's delivery obligations to the present cont ract users on City Ditch south of Harvard Gulch, but such de.!ver:es shall not be in excess of the contract rights to water n:c~ ~Y be d1v erctd ~n der Denver's City Ditch priorities. 2.2.1 Annual Inspectior.. Representatives of Englewood .. ."'. .. • • .1 I and Denver will perform annual jcint lnspections of City Ditch to determine maintenance work reouired to continue to deliver tne rates of flow set forth above. The 1nspection will be limited to the reach between the valve at the end of the Corps• Chatfield Dam outlet manifold and piping system and Harvard Gulch. The annual inspection shall be made so that all required maintenance work will be completed, to the extent practical, prior to Aprill. 2.2.2 Littletor. Cemeterv. Englewood accepts full respor.sibility for performance of Denver's obligations under that certain agreement between Denver and the Littleton Cemetery Association cated May 1~, 1933, attached hereto and marked ·Exhitit S", so as to relieve Denver of any liability witt :espect theretc. Denver has assigned all lts rights and ctl:gacions unde: :~at agreement tc ~~glewooc. ,.; Cenver's Ooerational Resocns:t:l::v. Denver shall continue to operate and malntain City Ditch north c! Harvard Gulch, and shall maintain the Harvard Gulch blow-off struccure ·at Denver's sole expense. Denver shall be solely responsible for supplying all contract users who divert :rem City Ditch north of Harvard Gulch from the 10 or 13 cfs to be provided hereunder. Englewood shall have no responsibility for operation or maintenance of City Ditch north of Harvard Gulch. 2.4 Fees Charaed to Contract Users. Englewood will be responsible for charging fees to contract users who divert south cf Harvard Gulch, including establishing !ees, billing, and receiving and retaining payments. Englewood will maintain normal business facilities and records for such collections, and annually advise Denver of payment or non-payment. Denver will set fees, bill, receive and retain payment :rom contract users who divert north of Harvard Gulch. 2.5 Riaht of Reversion or Acauisitior.. Denver retains the r!cht of reversion as to any contractual riaht for which an annual service charge is not paid by May 21 of any·year. Denver also retains the right to acquire any contrac;ual right in the City Ditch. Excect as to those contracts that take water nc:th of Harvard Gulch, any such reversion or acquisition shall increase the amount of water which Englewood is obligated to deliver to Denver; provided that, 9enver :eimburses Englewood as provided in paragraph 2.E; and provided further, Denver is responsible for any improvements to the Ci ty Ditch required tc convey such water north of the turnout of the contract users which Denver acquires by purchase or reversion. If Denver acquires contract inches which now divert south of Allen Filter Plant for delivery north of the filter plant, then Denver will make such improvements, if nece!sary, to prevent the diminution of the existing capacity !25cfs) to Englewood. 2.e Denver's Share of Citv Ditch £xoenses. 6 • t • • -- 1: I I I I I I I I I 2.6.1 Reimbursable Expenses. Denver shall pay a portion of the annual administration, ooeration, and maintenance expenses (including depreciatio~I ("City Ditch Costs") for the City Ditch incurred by Englewood when Englewood delivers water under the City Ditch Water Rights for use by Denver. The City Ditch Water Rights are those rights decreed to the City Ditch (a.k.a., Platte Water Company's Ditch) as evidenced by decree of the District Court of Douglas County, adjudicating water rights !n fc:mer Water District No. e. entered er. December 10, 1883. The City Ditch Costs shall exclude any and all costs associated with the pump station located en the City Ditch which delivers water from the City Ditch to HcLe!lan Reservoir ("McLellan Pump Station") and costs associated with any expansion or improvements of the existing turnout from the City Ditch which delivers water to Englewood's Allen filter Plant. The City D:tch Ccsts are ~o be determined by the s:.i.11 of the following: Al operation expenses from April through October, inclusive, and maintenance expenses that occur throughout the vear for that part of the City Ditch north of the McLellan Pump Station multiplied by the ratio of the annual volume of water diverted under the City Ditch Water Rights divided by the total cf the annual volume of water diver:ed under the City Ditch Water Rights plus the annual volume of all other water Englewood may deliver tc the Allen filter Plant north of the McLellan Pump Station; plus SI sixty percent (601) of the operation and maintenance expenses from April through October, inclusive, for the part of the City Ditch south of the HcLellan Pump Station; plus Cl sixty percent (601) of only the maintenance expenses from November through March, inclus1ve, for that part of the City Ditch south of the McLellan Pump Station. The 601 represents the percentage of the current capacity (58cfs) of the riped portion of the City Ditch between Chatfield outlet manifold and the McLellan Pump Station that the former open ditch could carry through this.,.reach (35cfs). Denver's portion of the City Ditch Ccsts shall be determined by taking the City Ditch Costs calculated as described above and multiplied by sixty one percent (611). This factor shall remain constant even after Denver makes improvements to the City Ditch conduit pursuant to paragraph 2.1 .2. and increases its right to receive water thereby; provided however, that should Denver succeed to the rights of any present contract users south of ~arvard Gulch, Denver shall pay six (6) percent of total City Ditch Ccsts for each one cubic feet per second of water to which Denver succeeds !fractions of a cfs to which Denver succeeds shal l be prorated!. An example of a calculation of the City Ditch Costs is depicted in Exh1b1t A. t ..• .. • • 2.6.2 Cacital Coses. Enqlewood shall not charge Denver for City Ditcn capita! costs1excepc for cepreciation wh1ch shall be included in operation and maintenance expenses and calculated under generally accepted accounting procedures consistently applied!. Capital coses are the costs for construction of any new physical structure or improvements to existing structures that will have a useful life of five years or more. The U.S. Army Cc:r=s cf Engi::eers (CorpsJ does not presently charge Englewooc tor coses associated with the right-of-way for carriage cf City Ditcl': water .through the Corps' Chatfield Reservoir facilities. Any future costs assessed by the Corps shall be ccnsidered an operations and maintenance expense which can be char~ec to Denver under paragraph 2.6.l. i.7 Wace: ~!chts. ~::;:ewooc ~~!: diverc =n Denver's C1cy Gitc~ ~ricr1cies in craer co obca:n the a~c~~t of water necessary fer the cel1ver1es to Denver and cc the ccr.:ract ~sers other than Denver or Enqiewood. Denver shall net contest Englewood's claim of ownership by contract or otherwise cc divert up to 3.~l cfs under the senior priority of 30 cfs decreed to City Citch with an appropriation and priority date of November 2E, 1860, as evidenced by decree of the .District Court cf Douglas County, adjudicatinq water rights in for111er Water District E, entered on December 10, 1883. Englewood has the reversionary right as the cc-carrier only to its · City Ditch contracts up to 3.21 cfs. Denver does not warrant title to or the legal or physical availability of the 3.21 c!s claimed by Englewood. 2.8 Use of Imcaired Cacacity. To whatever extent the carryinq capacity of tne a1tch 1s 1mpa1red fer reasons beyond the control of Englewood and until the ditcn can be restored by reasonable diligence, then the delivery rate below the obstruction shall be based upon eacn party's pro-rata deliveries of City Ditch water under this Agreement. If the impaired capacity is due to failure tc adequately ma~ncain the City Ditch soutn of Harvard Gulch (such as removal of s:lt or removal of debrisl, then Denver's riqhts to deli,ery up to lj cfs shall be paramount and r.n;lewood's riqhts to its water seccndary until the ditch is restored. 2.9 Use of Citv Ditch Excess Ca~acity. !! Englewocd determines the City Di tcn has excess capacity, then En~lewood will deliver Denver's rema i ni ng City Ditch entitlement; provided that such del i ver i es do not interfere wi th Englewood's prior obliga t ions o r interfere with i ts(or i ts lessee'sl present or future use of the Ci ty Ditch. 2.10 Storm Drainaoe i nto Citv Ditch. Water in excess of the needs of the users from the C~ty Ditch ("excess water•) will be du.~ped as fe ll ows : All excess water introduced or collected in City Ditch south cf the turnout into Little Dry C:eek will be dumped into Litt l e Dry C:eek. Excess water introduced or collected in City Ditct nort h o f the turnout into Little Ory Creek will be dumped at the 8 t . , • • ( I Harvard Gulch blow-off intc Denver's storm drainage system. ~nalewood may not redes1gr., reconstruct, modify or change City Ditch so·as to increase the amount of storm drainage water that presently collects in and is carried by City Ditch between Little Ory Creek and Harvard Gulch without the prior written consent of Denver. Any modification, replacement or reconstruction of the existing dWllp !acilities or construction of new dump facilities at Harvard Gulch shall be performed in accordance with plans and specifications p:epared by an engineer acceptec by Englewood and Denver as qualified and competent. III. MISCELLANEOUS PROVISIONS ;.l Calculation c! t~e ~~c~~: c: ~x:er.ses Incurred with ~escect ,c Citv Diccn ana Hian Line. Denver anc EngLewooo's expenses cie:eunaer snaL~ consist of cirecc labor, m~terials, equipment, vehicles, and overhead(adm:niscraticr., tocls, benefits and leaves) necessary co perform the act:vit:es under this Agreement. Whatever type of expenses charged for by one party may also be charged by the ether. For example, i! Denver includes as an administrative expense an amount for payroll personnel, Englewood may also, but the amount anc methodology should be based on the respective expenditures of each party. Each party shall keep reasor.able and consistent records of its hours of direct labcr and supervision, material costs, fringe benefits and other payroll levies and e~~:pment usage upon whic~ its costs are based and the methodology used by each party to calculate such charges. Such records shall be kept !or at least three calendar years beyond the calendar year during which they were incurred, and shall be available for inspection by representatives of the other party during all reascnable business hours. Each party's documents wh:ch show the method of calculaticn of ccsts shall be similarly available for inspection. 3.2 Denver's Citv Ditch Water Riahts. Nothing herein shall be ccr.strued to affect Denver's owne:ship of its City Ditch Water Rights(except as provided in paragraph 2.7). 3.3 Previous Aareements. This Agreement supersedes the Agreement of" February t, 1970 and any amencments thereto. 3.4 Colorado Law. This Agreement shall be construed under Colorado law. J.5 Intecration . This Aareement constitutes the entire agreement between tne parties.· It supersedes iny prior agreements or understandings between the parties. 3.6 Successors . The riches of each party to receive deliveries s ha ll be b1na1ng upon the successor. 9 .. .-' , : • • .[ I I I I I I I I I I I I I I I I I 3.7 Pavment. Charges to each party tor administration, ooeration ana maintenance excenses incurred durinc ~ach calendar year shall oe billed on or before.March l, ot the succeeding year and payment shall be due within thirty 1301 days of receipt of billing. 3.E Charter Provisions. This Agreement is made under and conformable to provisions ot Sections C4.14 through C4.35 ot the Charter of the City and County of Denver and the provisions of the Cha:ter cf the City of £nqlewood. Insofar as applicable, said Charter provisions are inccrporated herein and made a part hereof by this reference, and shall supersede any apparently conflictinq prcvisicns otherwise contained in this Agreement. 3.9 Term of Aareement. This Agreement shall be perpetual. Jani.;ary :. hereunder. E!!ec:ive Cate. This Aareement shall be effective er. 1996 for purposes cf calc~lat!ng charges and deliveries ATT!ST: Secre,ar~ APPROVED: ~5 Legaiivi1;en . 10 CITr ARI> COOIITr OF DENYD acting by and through its BOAN) OF WATER COHNISSIOHD.S REGISTEJ}ED AND COUNTERSIGNED Donald;<'. Mare,, uqitor ! / . ,, • I ~ 1"'---- 1 ~ ' CITr OF DfGLEIIOOD, COLORADO w· r 1··- 1 I I I I f r Exhibir A Example of Calcul:nion for Determinin1 Denver's Ponion of Ciiy Dirch Cosu ~ (Example Only) . Calc;d11iso En1lewood's operation expenses from April throup Ocrober, inclusive, and annu:i.1 maintenance expenses nonh of Mc:Lellan Pump Stalion Enslewood's operation and maintenance expenses from April through October, inclusive. sourh of Mclellan Pump Starion En1Jewood's maintenance expenses from November throup March, inclusive . south of Mclellan Pump S1ation Annual volume of water divened under Ciry Dirch Warer R.iprs Annual volume of all water delivered by .En1Jewood ro Allen Trurmenr Planr other rhan Ciry Dirch Warer R.ipts CirY Pitch Costs Sl60,000 S 10,000 s 5,000 8, I 00 acre-feet 700 acre-feet I) Sl60,000 (8 100 &t) • $147,272.73 (8,)00 Lf. + 700 Lf.) 2) 60% X 10,000 • 3) 60% x S,000 • Denver's Ponjon of Cjry Pitch Com 61% x SIS6,272.73 • S9S,326.37 S 6,000 S_J.g Sl.56,272.73 If Denver were 10 succeed to 20 inches of City Dirch contracts then Denver's cosu would be determined as follows : 20 inches • O.S2 I cfs 38 .4 inches/cfs 0.521 cfs x 6% (increase 10 Denver's 61% for each cfs) • l .12.5% or 61% + 3.125% • 64 .125% 64 .12m x SJS6,272.73 • SJ00,209.19 • t ~ .. •·. • • Water Supply and Facilities Agreement Exhibit"J" Agreement between Denver and Littleton Cemetery Association dated May 23, 1933 I . I I I I I I I I I I I I I I ?'··-~·./ Wtlff I ""~ "11_( HO .:il~t.., 00C. NO......-~ Agreement, made tha 1/i! day or ~-~·. !' , • 1933, bet•een the Ci i:,-and C.:ii.n -:"i 01.' De:rrer, acti-~6 ~/ and throllfih it• !oard of ilater Camiuioner•, first party, and !.!ttleton Cemetery Auoc1at1on, a non-profi t corporation, or :ittl~to=, Co!orsdo, second part7, ~itnesaeth that wherea1 the first party cnrn1 and ,peratea a certain ditch t&itin0 ~ate: from the South ?latte ~: -:-er anti :.mo-:m as t.!le Cit:,· !)1tc:; a!ld, ::~e:ea!, -::.e !ec:-nc:. ; .. :-:;; :::.~.~ acquired t:.e ::-a:e: rights evider.ced by one at.are cf the capital 1tock of The Nevada Ditch Holdini Cocpany an~ c:.esiree to have the point o~ c!vera!on of the water ri;tlts evicenced by 1aid Bevada 1tock c~&n1ed to the int&itl of said Cit7 Ditch and de1ire1 further to r.ave the water evide::ced by sail! :revada 1tock carried in said City Di tch1 a:id, ':h1rea1, it 11 1ati1factcry to the tir1t party to carry sai~ water in the Cit7 ~itc= upon the terma and condi- t i ons hereina!ter 1tated; :row, tl:.ere!ore, in consideration of their mutual a.rH.ce::ts the partiu her1to have 14ireecl with each other a1 follOWII l, The 1econd party at it1 own expan•• will 1ecure such chanie of point of diver1!on of the water ri1ht1 repre- se:ted by its share of nevada stock to the intake of the City Ditch and the first party will carry 1uch water in 1aid City !)itch to a point in the Littleton c ... tary. 2. The 1econd party at ite own axpenee will inetall a headcate in the ea1t bank of the canal ot th~ City Ditc!I aad a snort flume leading frct1 aai~ heaqate u a. ~hrH 1nch Venturi ~,1r and a snort fluae leadin6 from eaicl weir \o a pipe line ..,.... . . r_- 1 ' I r I ( ------.. ~~_,""P..,,Q,... d'...-..,..-0-.-t)""i!.~HO=-J...r.O~ot.----------·-· --·· -·· and t bence to a sump where a pump •ill be installed and the water pumped aa the ucond party 1b&ll determine. 3. The coat of installing said head.gate, weir, ,ump, pump and their appliancee and maintaining the ume shall be borne by the second party, 4, The first party shall ma.keno other charge for carryine said water in tl:le City Ditch than the usual charge for c&r:rying a like amount of City !)itch •ater therein, ~. The first party shall have the right to di1con- tinue c&:::-ying sai d 1:evada water ir, aliid City Ditch at &llY time r.hen the carria.ge thereof shall interfere, in the opin- ion of the engineers of the first pc-ty, with the carri&41e cf City Ditch water in said ditch and !hall also ha'H the riibt to atop such carri&ee in case the City Ditch is ever abandoned as a carrier of City Ditch water, In Witness Whereof, the partiee hereto have caused thi• instrument to be executed in triplicate by · the proper of- ficers cf the parties hereto aa of the day of the date hereof, Attest: f?adA-~~ Secret&!Y- Appr oved ae to forms CitJ and County of DenTer, B~ ~ard~~r Comiuionera, By', , CC d'~-----Preddent:== Littleton Cemetery Association, \- By ""'\~\~ \uiaent, • t .. • • Date February 18, 2003 INmATEDBY Utilities Department COUNOL COMMUNICATION STAFF SOUICE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNOL ACTION Water Board policy regarding an equitable method of computing taps for hotels was established at the August 13, 1996 meeting. The policy was amended by Council on May 7, 2001 to change the maximum daily consumption from being based on 100 gallons per occupied room to 100 gallons per day times the total number of sewer taps purchased under this agreement. RECOMMENDED ACTION At their January 14, 2003 meeting the Enslewood Water Board recommended CouncU approval of the Sewer Tap Agreement from Wingate Hotels. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENIIRED Wingate Hotels has submitted for Council approval a Hotel Sewer Tap Agreement for their proposed 85- unit hotel to be built at 8000 E. Peakvlew Ave. In Greenwood Vllage. The proposed agreement has been reviewed and approved by Enslewood's Oty Attorney. ' FINANCIAL IMPACT Th e proposed agreement would set the sewer tap fees at half the standard fee, with no addlllonal tap fees to be c ollected unless the water usage exceeds the asreed upon hmit of 100 pllons per ur-. per day. Tap fees in the agreement total $63,762.50. UST OF ATTACHMENTS Sewer Ta p Agr e ement from Wingate • HOTEL SEWER TAP AGREEMENT 1lilS AGREEMENT, is made the 20lh day of November, 2002 , lhe CITY OF ENGLEWOOD whose addreu is 1000 EnsJewooc1 Partway, EnaJewood, Colorado 80110, (beninaftcrCity); and ROCKY MOUNT A1N WJNOA TE, a Colorado corponlion. whose addras is 8000 E. Pulcview, Greenwood Villqe, Colondo, (hemnafter Wmpte Inn). WHEREAS, Winptc Inn RqUelted a reduc:tioll in ICWCl' llp feel bec:aule they believe lbeir Hotel', wuer uaae is leas per uni1 lhln • sinp-family equi'lllcal. The subject Hoeel is locared a1 8000 E. Pealtview, Greenwood Villaae, Colondo, allo known• Willpre Inn; ud WHEREAS. lhe llllldard lap fee is buecl OD a nonnal flow of IWO huadred (20()) pUons per day and Win1a1e Inn eslimala dial their per uni! flow is no men !baa ODC handled (100) pllona per day . NOW THEREFORE lhe Putia apee • follows: I. The Cily will seU eiply-five (85) sewer 11p1 for its Hoeel unlll al ODC-half lbc standard -er c:lwJe, bued 1111 lbcir alimalle of no more lhu 100 pl1-per clay per unit real flow. Thia is a minimum charse ud in no event will lbc bue 11p fee be lea lhu one-half (1/2) lbc lladlrd aewa clwJc . 2. The initial tip paylllCIII IO the Cily by Win&llli Inn will be fifty-nine lhollluld five bandred dollan ($59,.500 .00) for Enpwood 11p fees; iwclve dollan ud fifty CCIIII ($12.50) for lbc permit; 111d a Bis Dly Creek lnlel'Clplm Buin Clwp of m dloalad 1WO ..... fifty dallan ($4,250.00), for a lOcal of sixly-dne dtouAad leVCII huDdred lixly-two clollan ad fifty call (S63,762.50). 3. Winpae Inn wiU i.-an imYoc:able, IIIDd-by 111W of credit ia lbc _,.. ol lixly-dne dlaalDd seven hundred fifty dollan ($63,750.00). wllicll will be uNd for-, llldilioul 1111-. 11111 i- of c:mlil will be held by lbc Ciiy for 11p feel • NqUnCI punuanl ID 11111 ~ 4. The Ciiy will moailor wiaelr (November I dllUup April lO). bi-malldlly ..-... • 1111 Holel durin1 a five -(5) year period. Dama 11111 ia, w..-la will moailor Wllllr c-·--oa a daily buis. Winple Im will fumilb die C'IIJ widl a repon oe daily war_.,._ ud Iha number of l'OOffll occupied oa lbc comapoadilta days. 'l1ley wiU lllbmil die report ID die C'ny oa a llllllllhly buis. 5. If al any lime duriq die five-(5) year period. die daily, per llllil cmsumptioa pies ov er onc-hlllldrwd (1 00) pllons per day, Winpae Inn will pay die addilimlal 11p fft owed. If lbc fee is llOI paid wideill siJ1.ly (60) days, !he City will make periodic draws oe Rocky Momlaia w...-of Colando's ..._ of crcdil 10 pay IO lhe Ciiy llddilional sewer !Ip ,_ 11..s oe 1111-.. of flow ill ucaa of - hundred ( 100) 1al10M per day u billed by lbc Cily of EnaJewood. If w..-llut ·, daily, par 111111 usaac is less rh o one hundred ( 100) aalloaa per day, lbc Ciiy will ao1 owe wma-bm any iefmML • t .. • • N ~ ~ ~ ~ p :0 !" ' :- ' ~ (1 '! I t ~ ! ~ 11 l·t' ~ J·I' ' 11 1 1 Jf l l ! l ( J t ~ [ ! 11 . ~ 11 . I i . ra . i: ft . ' I ~ ; f i ; I :r =, ~ [ (1 ' !! 1' 1 . 1• 1 1 ~ I1 ' i l ;. I !! f l i l ~ f ! • t • • a :; &- " t' i • . ~ t I i ra . II "' r i .; ; - 1 , ra . ~ =~ ir & tr JI · tf R ~]9 i [r ~1 1 iJ , ~ j l i ~ I f( J~ ii J ·1 tl l r! r a . 1 ~t 'P ( l i } 1 ~ : ya ~J 'l ( 1) 'J a - ; I' l l ri l l li l [ l 1 • ~ : a. } !I f J 1, , , 11 4 if = : ' :r . •. t f ; t _! $ 8. Ir 8 f I ( . f ( 1 .i l • j fr It I it 11, il f i t! t l !J t ! lr f f r 1 1 ! , 11i it . I If I. }• I f tl i ' l if l f i~ ~ f s l 1 I ! i 1 f i' '1 ,. . Il l ' s 4 l •· , · ! .. ,, 6 : ! I J ~ - 1 i t l 1 I l t' I, ~ , 1~ 1 1 ' 1' ' 1' 1 '1 ~ ~ 1 1 1 1 I· '" • i ,. . s' .t 1 ! ii i l·r ra . I :· l J1 r {' · r1 • 11 { ! f i l ( 1 i t ~ I • , rl a' I ia . l •1 ' ll J i i ' ( .l I r. a. 1 I r1 .1 l' i r t I ,a - ( = ra . 1 , ' • i' " 1 :• ·1 ~, , :, i r l .. fi : r ·t =- ;~1 1 ~ t ~ I io .r ,~ li ~ a i r ,t · l I i i ~ .• • 1' E· .. . . . i; · · . • f 9 ra . 1 - 1 S. Ally nocice required or pcrmilllld by lhia Ap,ement sball be ill wriUIII, 111d sball be cleemecl IO have been lllfflcieady pVCD for Ill purpo101 if-« by ccnifiod 1111iJ or~ mail, polllp Uld f- pnpaid. lddreued to die party to whom auc:b notice ii ID be pven • die llkll.a ICC for1b below, or at such ocher addrea u bu been previoulJy fumilhed ill wrimla, &o die ocher party or pll1iel. Such notice lhlll be deetned to have been p-when depoliled in die United S.... Mail. 'l1le notice shill be sent to: crrY OP ENOLEWOOD ATl'N: Utilltla Depanulldl 1000 Bnpwood Partway Eqlewoocl. CO 80110 SIIYe Sparu. MMqina Pinner c/o llocty Momaia WiDple, u.c 2305Caaoa 8-la,MTS9718 16. Tbia Apemeat r.-die emile apee:nait ._ die Plrtles 111d there a no anl or luenl lpeelMDII or Ulldentllldinp. 'lbll A,-meat may be lllll8ded only uy • Ulllllilllbedl, ia wriUIII, siped by die Plniea. If any provilian ii found ID be void bJ a COUit of compelelll jlrildictioa, no otber provision shall be affected by IUCh holdina-All oldie ieainiq provi1iom sball mnain ill full fon:e 111d effeet 17. A wai_. by my party &o lhia A..-r or die breach of aay rerm or provision ol lbil Apeemenl shill not open1e or be COllltnled • a wai_. of any .....,.. bleach by eidm party. 18. The pll'lies hereto W.-rul that die nplb'iea below have full aDd lawflll aadlorlty IO euc:ute dlil Apeemenl m behalf of Wlnpe hm aad die City of Eapwood. Colando. 19. The Paniel ape that lbil apemeat lbaD be recorded ill die office oldie Anplboe Coaaty Clcrlt 111d Recorder. IN WITNl:SS WIIEUOF, lbe partia bcR1o have cuelllleCl dlil A......-die day ad,_. flnt wr1ae11 above . cm OP ENGLEWOOD By =--------------O.: _______ _ Beverly J. Bndshaw, Mayor ATl'EST: Loucrishia A . Ellil. City Clerk 3 ROCKYMO"fAIN~ By: X Steve Spub, Manaalna STATE OF MONTANA ) )u. COUNTYOFOALLA11N ) Dale: _l_k.. __ / w ..... /-.._""v'____;:;'---- ... 2.°"' "'" (:({£;.,.~--~ _, ts known to me to be lbeffl6~ .... axpoillicm lbat aecalld .... willlia fCJlelllUII iDa1rumenl, aad ~ . to be .... fnc aad volunlary ICt ud deed of uid axpoillioa fm .... -aad purpmes lbenin ll!IIDCicad, -OIi oadl ltaled lbat be -IUlboriJ:ed to CXCCUIC said Ulllnlmcnt. IN WITNESS WHEREOF, I have bcrcunto ICC my hand 111d affixed my official -1 die day 111d year ram above wriaa. COUNOL COMMUNICATION Date Agenda Item February 1 8, 2003 10 C ii INmATEDBY STAFFSOURa Utilities Department Stewart Fonda, Director of Utilities COUNOL GOAL AND PRMOUS COUNOL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their December 10, 2002 meetin& recommended Council approval by motion of the PAC (Powdered Activated Carbon) Equipment The Board directed the Director of Utilities to approve and forward to Council the recommended equipment provider agreement upon receiving acceptable quotes. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers. The City has been renting PAC equipment, housed within a trailer, for the past year and have had positive results using carbon which removes organic material which causes taste and odor problems. Recognizing the long-term benefit of a permanent system and to eliminate the rental cost of $4,000/month, the City has decided to build a permanent PAC facility at the Union Avenue Pump Station. The recommended purchase is for the feed system only, which must be ordered at this time to have it available for the contractor's construction of the entire system in the spring. The builcln& storage pad, loading dock and mechanical systems will be bid separately in earfy spring after design is completed. FINANOAL IMPACT Due to time constraints, it was decided to request bids from three reputable companies recommended by the project engineer, Carrollo Engineering. Quotes were received from the following: Norti Americas, PortaPAC Feed System Northland Industrial Specialties, Norvac System Conseco System Conseco Advanced PAC Component System $50,000 $76,000 $64,000 $89,000 The 'orti System did not meet the City's 5l)edflalions due to the arbon feed cor.,ec:tion component of the s ys tem. The standard Conseco System does not meet the City's spedlalions due to the~ for • • dust problems. The advanced Conseco System did not meet the Oty's specifications because it is unproven with PAC and because of the cost Carollo Engineers evaluated the four systems and determined that the Norvac System best meets the City's specifications and Is recommended since any drawbacks were not significant Jheir carbon media component Is an efficient, safe and dust.free operation and the City has had specific, positfve experiences with the existing leased Norvac System. UST OF ATTACHMENTS Carollo Evaluation for PAC Procurement - 0 January 31, 2003 6628A.10 Englewood Utilities Department 1000 Englewood Parkway Englewood, Colorado 80110 ·• • • Attention: Mr. William W. McCormick, Operations Superintendent Subject: Powdered Activated Carbon (PAC) System Procurement Dear Bill: ("·--.. ~ I '.1 I -.__; . . ' ....... ,, ,, : ... :~ '''" .. ... ,1,,-. 11111,,11 ,0/111,,,,, •• The purpose of this letter is to provide background information on an evaluation of several potential powdered activated carbon (PAC) systems for installation at the City of Englewood's Union Avenue Pump Station site. The City has found that it is necessary to feed PAC to the South Platte River source water in order to reduce the potential for objectionable levels of taste and odor. The information on three potential PAC systems was gathered through conversations with equipment suppliers, written documentation from suppliers, and visits to installation sites. The three PAC systems were evaluated based upon the following specifications: system capability of feeding PAC from super sacs at desired feed rates to the application point; system ability to minimize the amount of duat exposure to operators: operator time efficiency and level of effort in changing out super sacs and maintaining the system: and cost effectiveness. Carollo Engineers' recommendation for which PAC system should be purchased is provided at the end of this letter. Norlt Americas, PortaPAC Feed System (Donald Ha1U404.25§.§150) The Norit Americas System, the PortaPac, is an eductor-type system in which dry PAC is introduced into the process stream via a volumetric feeder and ed1.'Ctor. The super sac is connected to a circular piece that transitions to the hopper which feeds the volumetric feeder. The volumetric feeder discharges to a wetting cone that is connected to the eductor. Plant water is fed through the eductor creating a vacuum and drawing the PAC solid from the wetting cone . Utilizing the pressure remaining in the line after the eductor, the PAC slurry is conveyed to the application point. The PAC feed rate is controlled by variable speed on the volumetric feeder. The total cost of this system is quoted at $42,000 with an electric hoist (not explosion proof; see attached quote). With the addition of an air-actuated hoist (the City would like a system with an air powered hoist since the PAC storage room rating requires explosion proof motors), the total system cost is estimated at $45,000. The requirements for the system are a small amount of air (5 sctm at 100 psi) and plant water, or protected potable water ( 41-64 gpm at 40-100 psi). Air is available from an existing air compressor used within the Union Avenue Pump Station and potable water from the l)Uff1) station will be used for the eductor and carrier water . A dust collector is not typically supp lied wi th th is system . If a dust collector and air-powered hoist were to be supplied as part of this system , the total cost is estimated at $50 ,000. M~-~ACSelo013103-JDc 380 INTEALOCKEN CRESCENT . SUITE ·eo • IAOOMFIELD. COLOflAOO I0021 • (303) 6lS·1220 • FAX (303) 135-1373 I ' .. ' ' •· • Mr. William W. McCormick, Operations Superintendent Englewood Utilities Department January 31, 2003 Page2 Members from Carollo Engineers (Jason Garside and Jean.Marc Petit) and the City of Englewood (Don Coatman and Bill McCormick) visited a Norit installation at the Rawlins Water Treatment Plant in Rawlins, WY. The system had not been used much since its installation but from the plant staff's limited experience with the equipment, operation was satisfactory. The super sac connection component (i.e., circular transition piece with clamps) was observed during the visit and it was judged that the connection was cumbersome (i.e., required unacceptable operation time) and not capable of supporting dust-free operation. Thus, the Norit System does not meet the City's specifications due to the super sac connection component. Northland Industrial Specialties, Norvac System {Rich artnkerhoff/307.ff? 20831 The Norvac System, housed in a portable trailer, is the system that the City of Englewood has been leasing and using for the past year. The City's experience with this system has been positive. The Norvac System consists of a volumetric feeder which feeds dry PAC into a vacuum transfer vessel. The contents of the vacuum transfer vessel are vacuumed to a 350-gallon slurry mix tank (polyethylene material) with a hydraulic eductor. The PAC slurry is mixed to a constant concentration using an impeller-type mixer. The slurry is metered to the application point using a progressive cavity pump. Once the mix tank reaches a tow level, the tank is fffled again using the process discussed above. The super sac connection consists of a circular opening which the bag sits upon, creating a dust-tight seal. The City has had favorable experience with the super sac connection component of the Norvac System. The total cost of this system is approximately $78,000 which includes an air- actuated hoist, dust collector, and 'one spare metering pump (see attached quote). The requirements for the system are a small amount of air (50 acfm at 90 psi) and plant water, or protected potable water (SO gpm at 10 psi). Drawbacks for a slurry type system (such as Norvac) are, for the slurry portion to be potentially "messy" (from slurry apiUage), the potential for piping and openings to clog if used intermittently, the slurry can be abrasive to the mixer, the solution strength can be variable, and there are additional energy coats associated with running the mixer continuously. The City has not had any experience with the slurry system being messy. Clogging can likely be avoided through proper draining and cleaning when not in use. The Norvac mixer is stainless steel which should resist abrasion . tt the solution strength is off llightty, it is probauty not critical given the City's proposed use for this particular chemical. The mixer is ~ HP so energy costs should not be too significant Thus, the potential drawbacks for the Norvac System do not appear to be significant. Carollo Engineers asked Norvac to provide referenc:ea that were contacted to ... what their experiences have been with the system (Norvac currenlly has one permanent inllalation and several trailer type installations for PAC use). The permanent lnatalation conlacl had difficulties with the water fiH into the slurry tank 10 they IIOpped Uling lhe ayallrn -II sounded like a cue of them not really needing the 1ystem ao f1eY ,_. bolheNd to fix the problems that occurred . The act. Nferenc:e wu the 8'oomfteld w.-T,.._,. Plant ' .. . • . ., • • Mr. William W. McCormick, Operations Superintendent Englewood Utilities Department January 31, 2003 Page3 which, like the City, rented the trailer unit last summer and is about to purchase a permanent Norvac System. Broomfield has been happy with the NotVac System. Based upon this evaluation, the Notvac System meets the City's specifications for a PAC feed system. ConftCO System Contact; Ron Plankl§38.532.l380 The Conseco System consists of a volumetric feeder which discharges into a 50-gallon mix tank (polyethylene material). The feed rate is controlled via variable speed on the volumetric feeder. The solution strength in the mix tank is variable. The PAC slurry Is transferred to the application point using a constant rate metering pump. The super sac connection component consists of an iris valve that creates a seal around the super sac discharge nozzle. The super sac sits on a roller device that faciHtates the transfer of PAC out of the super sac. The total cost of this system is quoted at $60,000 with a manual hoist (see attached quote) and estimated at $64,000 with an air-actuated hoist. If a dust collector were to be supplied as part of this system, the total cost is estimated at $68,000. The requirements for the system are plant water, or protected potable water (50 gpm at 20 psi). Members from Carollo Engineers (Jason Garside) and the City of Englewood (Don Coatman and Bill McCormick) visited a Conseco installation at the Water Treatment Plant in Laramie, WY. The system is used most of the year and generally the operation has been satisfactory. The super sac connection ~ was observed and seemed to work adequately. The primary system drawback observed was dust that originated from the mix tank coi w iec.1ions, particularly the connection with the volumetric feeder. The Laramie WTP staff have had difficulty controlling the dust. Also, it was perceived that the mix tank wu too ..... Due to the lack of dust control, the Conseco System does not meet the City's apecificationa. Conseco also offers a more robust system that is based upon the same p,ocea as the system described above but coneists of a more advanced super sac cori,,ection component, volumetric feeder and mix tank. Conseco currently does not have any PAC inllalationa using this system (closest substance is graphite) so it is difficult to evaluate for this specific application. Based upon conversations with Conseco, the total COit of this system i9 estimated at $85,000 with a manual hoist and dust collector and $89,000 with an air- actuated hoist. This system does not meet the City's specifications due to the coat relative to other systems and the lack of proven experience with feeding PAC. Aecommendfltlon The Norit System does not meet the City's specifications due to the super sac connectlon component of the system. The standard Conaeco System does not meet the Cly's specifications due to the potential for dust problems, as obMMtd CMlng the aillt visit described above. The more robust ConNco System does not meet the City's apeclllcationa because it is unproven with PAC and because of the COil The Norvac Syalam fflNla the City's specifications and is reccmmeudld by Carollo tlra the drawbecka .,. nol aigllllcant and the super sac connection compo1 ient is importanl for efflcient, ..... and duel-he .. • t • • Mr. Willlam W. McCormick, Operatloi11 Supeill,a.ldent Englewood Ullltla Oepartmlnt January 31, 2003 Page4 ., operation. Sued upon information we haw gdlered and the fact that the City hu apeciflc, poaltlve e,cpariencl with the Nc:nac System, ICJle IOUrCing the Norvac equipment la julllftable. Slncerely, CAROLLO ENGINEERS, P.C. 1!-: r...,Y.· (3 Uuon c. Ganlde cc: H~_.., • ....._lllOl, ... ffNCMPlllPIIDC .,. INDUSTIIIAL • _/YIJ,,-,R~ No11rHLAND ~~-~~~~ SP.(;fALrf•S L.L.C. ~ ~-__ ..,...... PO In 1• • '911 N. Hwy 14-16 • Qleae, WY 12717 • TII: 317-612-2163 Fu: Jl7412-W77 E-aall•~ November 1, 2002 -Revised Pricing Schedule, 01/29/03 Jason Garside Carollo Engineering Tel: 303-63S-1220 Fax: 303-63S-1373 jpnide@carollo,com Subject: City of Englewood Wlklr Treatment Facility Powder Activated Carbon Feed System Northland Industrial Specialties, L.L.C. manufactures the Norvac Syama product line of dry product feed systems. I have provided a Specification and pricing for a .. Model -PAC-300 Feed System". Please note the attached "Scope of Supply" section for information on what is to be provided. These items are what are recommended u a complete system for the best pcrfonnancc bued on our experience and design. PRICING SCHEDULE (1) Norvac Systaml PAC-300 ................................................................................ .$ 66,750.00 ci (I) Spare PAC Feed Pump ............................................................................. $ 4,500.00 Cl (I) Torit Dust Collector ................................................................................. $ 4,750.00 o Model 84 Cabinet Series (sec scope of supply for details) Cl Equipment as outlined in '"Scope of Supply" Cl Start-up and Training ( 4 days on-site, 1 trip )-2-3 hrs training Grand Total .............................................................................................................. $ 76,000.00 Tcnns: 25% Deposit -Balance Net 30 days Delivery: 6-8 weeks -dependent upon shop schedule FOB : NIS Facility-Gillette, WY Please contact me if there arc any questions. Quoted By: Rich Brinkerhoff COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: February 18, 2003 11 a i Ordinance accepting transfer of Parcel 2 from EEFI to City INmATEDBY: STAFF SOURCE: Englewood Environmental Foundation Rick Kahm, Director PREVIOUS couNqL ACTION; In 1997, City Council authorized the creation of the Englewood Environmental Foundation, Inc. (EEFI) as a nonprofit development corporation to further the redevelopment of the Cinderella City site. On December 20, 2002 City Council adopted Ordinance No. 3, Series of 2002, which transferred the property known as Parcel 2 to the EEFI to facilitate redevelopment RECOMMENDED ACTION; Staff recommends that City Council adopt an ordinance accepting the property known as Parcel 2 from the EEFI. Said Parcel 2 is that property previously transferred to the EEFI per Ordinance No. 3, Series of 2002. This action is required to correct the deed. BACKGROUND AND ANALYSIS; Construction of the Englewood Parkway, between S. Elati St and Cherokee St, realigned the roadway south of the Girard Ave. Right-of-Way. The alignment split the former City Hall parking lot and resulted in the creation of a residual property, known as Parcel 2, ly~ng north of the realigned Englewood Parkway.' In December, 2002, City Council transferred Parcel 2 to the EEFI. Subsequent title insurance work discovered that the Englewood Urban Renewal Authority (EURA) owns a portion of Parcel 2. This portion of Parcel 2 was used as a ramp to the lower level of Cinderella City though the 1970's. In ' 1986, Girard Place Subdivision was created and contained two lots. The EURA obtained ownership of both lots to facilitate redevelopment Lot 2 was subsequently deeded to PharMor. Lot 1 was retained by EURA and used to realign Girard Ave and for parking at the old City Hall. Three Council actions are proposed to correct the deed. 1) The EEFI will return the property to the City (this Ordinance). 2) The City will accept Lot 1, Block 2, Girard Place Subdivision from the EURA (Ordinance). 3) The City will transfer "Parcel 2 Revised " back to the EEFI (Ordinance). FINANCIAL IMPACT; There is no direct cost associated with this Ordinance. ATTACHMENTS; Proposed Ordinance Location Map Le gal D esc ripti o n t .,.. .. • . ··' • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY , 11 -1 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CORRECT THE DEED. WHEREAS, the prior transfer of this parcel to Englewood Environmental Foundation resulted in a defect in the deed for this parcel; and WHEREAS, it is necessary to transfer the property back to the City of Englewood so that the deed may be corrected. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado, hereby acc:cpta the property known as Parcel 2 located immediately north of Enalcwood Partway bctwCCID South Cherokee Street and South Elati Street from the EnaJewood Enviromncntal Foundation as shown on attached "Exhibit I". Introduced, read in full, 1111d pasacd on tint reading on the ts• day of February, 2003. Published as a Bill for an Ordinance on the 21• day of February, 2003. ATTEST: Beverly J. Bradabaw, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true and conect copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18111 day of February, 2003. Loucrishia A. Ellis • • A PARCEL LOCATED IN THE SOUTHWEST QUARTER (SW Y.) OF SECTION 34, TOWNSHIP 4 SOU'Tli, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS : LEGAL DESCRIPTION BASJS OF BEARINGS BEARINGS ARE BASED ON TH E LINE OF THE E Y,, SE Y,, SW Y., SW Y, SEC 34 BEINGS 00° 05' 12" WAS DEFINED BY A 2" ALUM. CAP L.S . ILLEGIBLE {NORTH) AND A l Y," CAP L.S. 12083 (SOUTH) AS DEFINED ON THE CITY Of ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE WITH THE CITY, DATED SEPTEMBER 1980. COMMENCING AT 'TliE N .E. CORNER OF THE SE Y., SW Y., SW Y. OF SAID SECTION 34; THENCE N 890 33' 50" E 211.29 FEET TO 'TliE TRUE POINT OF BEGINNING, BEING A POINT ON THE NORTH LINE OF ENGLEWOOD PARKWAY; THENCE ALONG THE NOR'Tli LINE OF SAID ENGLEWOOD PARKWAY N 89° 50' 22" W 460.97 FEET; THE NCE ALONG 'TliE ARC OF A CURVE TO THE RIGHT HA VINO A RADIUS OF 4 7 .00 ', A CENTRAL ANGLE OF 51° 31' 23", A LENG'Tli OF42.26 FEET ANDA CHORD BEARING N 64°04' 41" W 40.85 FEET; THENCE N 38° 18' 59" W 20.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 6° 52'33", A LENGTHOF9.60 FEET ANDA CHORD BEARING N 34° 52' 42" W 9.59 FEET; THENCE N 70° 18' 51" E 31.50 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING RADIUS OF 175.00 FEET, A CENTRAL ANGLE OF 2° 42 ' 13", A LENGTH OF 8 .26 FEET AND ACHORD BEARING N 49° 15 ' 41" E 8 .26 FEETTOTHESOliTH LINEOF W. GIRARD AVE .; THENCE s 89° so· 22" E 534.06 FEET ALONG THE SAID SOUTH LINEOFW. GIRARD AVE.; THENCE ALONG THE NORTH LINE OF ENGLEWOOD PARKWAY THE FOLLOWING FOUR COURSES: S 00° 09' 38" W 6.28 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 45 .00, A CENTRAL ANGLE Of 60° 00' 00", A LENGTH OF47.12 FEET AND ACHORD BEARINGS 30009' 38" W 45 .00 FEET; THENCE S 60° 09' 38" W 13 .52 FEET; THE NCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 30°00 ' 00", A LENOTHOF 20.94 FEET ANDA CHORD BEARINGS i5°09' 38" W 20.71 FEETTOTHElllUE POI NT OF BEGINNING. PA RCEL CONTA IN S 30,975 SQ . FT. MORE OR LESS . . t """-"'''"'· SHEET 1 Of" 2 SHEETS ll LOT 1 BLOCK 1 .... GIRARD PLACE SUBDIVISION RECCPllON HO. 9011594 PHAR MOR VICINITY IIAP PARKING LOT N.T.S. I I-L ............... 0 ............. .., a, :,c u 0 _, m OI w I!:. w co OI I-<( .., .., ci a: ... z VI ;:: i' ~ z ~ o I 0 w oi.. i== .., i ~ I ..... n. Q(i ::it BASIS Of BE ~~I I 0 w Qi Cl( u • ~ ---~ w l I 1:1 .. SW 1/4 1W 1/4 ! 0:: .-RECXP1ION l"f Ar AI.IIII. C I ENGLEWOOD ~~ Cl#' L~ 1293 C -1' I Q A702l417 ~ lNll.hOCID -CITY HALL . w~ ~ an, DAIO •~1 • T-,. I 0 ID ~i (DEMOLISHED) -l 1.-., I m .., N I I • •1 I--0 I • ., _, I a, • ,au 8 .. • ,au .., m • .... CQUNQL COMMUNICATION DATE AGENDA ITEM SUBJECT February 18, 2003 11 a ii Lot 1, Block 2 Girard Place Subdivision Property Transfer From EURA to City of Englewood INmATEDBY STAffSOURa Community Development Department Mark Graham, Senior Planner couNqL GOAL AND PRMQUS CQUNQL ACTION; • The City Council is committed to economic development and to getting the former City Haft property redeveloped which wiU result in Investments In buildings and equipment as weft as job creation. RECOMMENDED ACTION; Staff recommends that Council adopt an ordinance accepting the subject property transfer from the Englewood Urban Renewal Authority. BAQCGROUNQ; The Englewood Urban Renewal Authority (EURA) owned the subject property that was used for many years as a part of the former Englewood City Hall parking lot at 3400 S. Elati St The EURA property, Is known as Lot 1, Block 2, Girard Place Subdivision. The 18,020 squAJe foot parcel was previously used as an access to the underground parking at Onderela City. The property was a rermant of the land ac• quired for redevelopment of what became the Phar-Mor Shopping Center. The property was Isolated across the street from the shopping center In 1987 with the dedication of the West Girard Avenue right of way on the Girard Place Subdivision. During the last three years, the City constructed Englewood Parkway to replace West Girard Avenue between Cherolc,ee and Ball Streets. The new parkway spit the former City Hall parking lot and the EURA parcel Is now north side of Englewood P.tcway. In 2002, the Englewood City Council supported the Englewood Environmental Fowldatlon In the sale of the former City Hall property for redevelopment A purchase contract was recently accepted from a development group that plans to build a two or three story rneclcal bullclns with retail UHi on the ground floor facing Englewood Parkway. The pending sale includes land on the north side of Engte. wood parkway including the subject parcel and adjacent property. The sale Is In the due dlllpnce pe- riod with a closing expected in April. The EURA was asked to transfer the subject property to the City fo r inclusion in the City Hall property redevelopment FINANCIAL IMPACT; The property would be transferred at nominal cost to the City. The sale and subsequent development of the property is expected to generate use tax. property tax and sales tax revenues to the URA district and the City . UST OF ATIACHMENJS; Proposed Ordinance Loc ation Map Vici nity Map • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY ODUCED BY COUNCIL MliMBER~~~~~- AN ORDINANCE ACCEPTING THE TRANSFER OF PROPERTY FROM ffiE ENGLEWOOD URBAN RENEWAL AUTIIORITY TO mE CITY OF ENGLEWOOD, COLORADO . WHEREAS, with the redevelopment of the Cinderella City area and the realignment of Girard Avenue, this small parcel, consisting of approximately 18,020 square feet. is of no practical use to the EURA; and WHEREAS, the most appropriate use is parking in conjunction with the former City Hall site; and WHEREAS, the transfer of this parcel will facilitate the redevelopment of the old City Hall site and would return the property to the property tax rolls within the urban renewal area. NOW, mEREFORE, BE IT ORDAINED BY mE CITY COUNCIL OF mE CITY OF ENGLEWOOD, COLORADO, mAT: Sectiog 1. The City Council of the City ofEqlewood, Colondo, berd,y accepll the transfer of Lot l, Block 2, of the Girard Place Subcliviaion, to the City from EURA. Attest: Introduced, read in full, and pauocl OD tint readiq OD the tlJ* day ofFebnwy, 2003 . Published u a Bill for ID Ordinance OD the 21• day of February, 2003. Beverly J. Bndsbaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of EnaJewood, Cokndo, hereby certify the above and foregoing is a tnle and c:orrec:t copy of a Bill for ID Ordinaace, introduced, read in full, and pas sed on first readina on the ts• day of February, 2003 . • • t I~' ~, ~ WW PHAR~ l lolCNJYIIN' PARKING LOT N.T.S. NOTTO SCALE ... 0 ...... ..., -..... "' -..... ' ci z t, z ::i G: m 0:: c( w ci I-z z c .... w e -c;;;J-J u z 0 >-~ ··-·-·· I-Cl. 1185 Cl: lfteeKiS u w u ______ ,_ w :r:.~=~-:::., 0 a:: ~ -L& ·-C-IIO .. -0 A'JIIDl4t7 ---y·--·· 0 0 i an.a.a--~ m ..u "' crND ....J :., N • .,, ,,r--, z ... .u 0 • .,, ,,.._.., ..., CII I i • --·· • ~ I • _,.,,._u • _, m • -·--· ~ ~ -•----l L •CIPllllllf AJm417 -(--------D---· -s---.__ - 0 ., ,·· V 0 City of Englewood, Colorado: EURA Property to be Conveyed to City O l>O SOIi 7SO leet .... --lllil::=======:::i1111111111--• 1,•hru,H\ ~()0 I COUNQLCQMMUNICATIQN DATE: AGENDA ITEM SUBJECT: Ordinance transferring February 18, 2003 11 a iii "Parcel 2 Revised" from City to EEFI .. INmAnDBY: STAFF SOUia: Englewood Environmental Foundation Rick Kahm, Director PREVIOUS COUNCIL ACTION; In 1997, City Council authorized the creation of the Englewood Environmental Foundation, Inc. (EEFI) as a nonprofit development corporation to further the redevelopment of the Cinderella City site. On December 20, 2002 City Council adopted Ordinance No. 3, Serles of 2002, which transferred the property known as Parcel 2 to the EEFI to facllltate redevelopment February 17, 2003, City Council accepted Parcel 2 from the EEFI and accepted lot 1, Block 2, Girard Place Subdivision from the Englewood Urban Renewal Authority (EURA). RECOMMENDED ACQPN; Staff recommends that City Council adopt an ordinance transfenlns the property known as "Parcel 2 Revised" to the EEFI. BACJCIOUNQ ANQ NWYM This action wil correct the deed transferring the property to the EEFI and facilltate redevelopment of the former City Hal Property. "Parcel 2 Revised" includes an adcltlonal <403 square feet of property not Included wilh the oritiNI Parcel 2. This additional property is located between the north rlst,k>f.way of the Engtewood Parkway and south line of the retail property. (See aaached map labeled remnant parcel). The remnant parcel does not serve any useful purpose for the City and wil be best utilized as part of the proposed parking lot development FINANCIAL IMPACT; There is no direct cost associated with this Ordinance. ATTACHMENTS; Proposed Ordinance Remnant Parcel Location Map Legal Description BY AUTHORITY IID.15 ORDINANCE NO . SERIES OF 2003 • .. ...,,~~-.-~~ BY COUNCIL AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE CITY OF ENGLEWOOD TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. WHEREAS, the coostruc:tioa of Englewood Parkway from South Cherokee Street to South Elati Street resuJtcd in the creation of a residual parcel immediately north of the Parkway; and WHEREAS, this parcel, containing approximately 31,378 square feet, offers few development possibilities by itself; and WHEREAS, the most appropriate 111C ii parking. either in conj unction with the former City Hall site or as additional parting for the Pbar-Mor site; and WHEREAS, the owners of the Pbar-Mor site have indicated that they have no interest in this property; and WHEREAS, the prior tnmfcr oftbia parcel to the f.n8)ewood Envin1amm1a1 FCllmdalicm resulted in a defect in the deed for this parcel; and WHEREAS, it was neceaary to tramfer the property back to the City of Eapwood 10 that the deed could be conected; and WHEREAS, this trwfcr of property to Enatewood Enviromnealal FCMmdl«ioa wiD facilitate the redevelopment of the old City Hall Property• 3400 S. Ellli. WHEREAS, this trwfcr will reserve to the City exiltma ulility m- NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-The City Council of the City of J:nalewood, Colorado, hereby aulboriza the transfer of the propcny shown on Exlu'bit A located immediately north of EnaJewood Parkway between South Cherokee Street and South E1ati Strcet from the City ofEqlewood to the Englewood Environmental Foundation. ~-The Mayor and the City Clerlt ue hereby aulborized to lip and ...... uicl documents for the uansfcr oo behalf of the City of Eqlewood. Colando. Introduced , read in full, and passed on tint radiq oa tbe I .. day olFellnaary, 2003 . .. t .. .· • • Published as a Bill for an Ordinance on the 21• day of February, 2003. Attest: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellil, City Clerk for the City ofF.nglewood, Colorado, hereby certify the above and foreaoinl i1 a true and cornet copy of a Bill for an Ordinance, introduced, read in full, and passed on fint readina on the ls" day of February, 2003. Loucrisbia A. Ellis .... ~ m l:'.'. c( J.J 0 2'. z uz Jo -i= -Cl. -w )~ ) a:: ) ) t--.,_,... ............. _..__ IIICINI TY MAP N.T.S. utAN\U t"LA\,~ l:>UIIUIVl510N RECEPTION HO. IOII 514 --.... --<==-====-"'="=:"'I ..... ,_LI-., •ar•M9•e.U',.., .,-. PHAR MOR PARKING LOT REMNANT PARCEL ~ ~ NOTTO SCALE ----'l c--I! • !I ~ ··-·-·· 16:il:i af: 11£ARINCS "'------,-: :t;. ~·::~-:::.a; -·· ,-.c-, .. , ... -. ---·VI ... llCIQI a1•.•n•-- l[Cf"NO • 111,vr--, • ••. ,, •. --.J • --··· • _,.,r_g • _,,,.. ___ -•--•u• -[-----o----· -s----.__ t • ci z <..'.) z :J ~ m a::: ~ w I-ci z z w u z 0 ~ a.. w u w a:: .... 0 ..J "' .... g "' .... i Ill GIRARD PLAC{ SUeoiVISION -RCCEPTION NO. ID11!114 PARCEL 2 REVISED ! ........ --.. r==-:=-:,=,=-:=. ........ LI-._ •er•...-• ...,,... ., ...... -+--•-W~H~ !';~ -•--_j (50' 11.0.W.) -1118 ~-<II PHAR MM PARKING LOT R & R SURVEYING 28.31 S. REED ST . OEN\IE~. COLOR AD O 80227 (720) 9.39-!i~f;~ ! j L NOT TO SCALE - CIIAPla: !I --c;;;.LJ ··-·--· 86$15 0£ BOBINGS P.-Ml MD CIN .. l LIii .. I/• .. •I• -JO -I .. rtAf""""° Cll'L~un&l(I C#L~llal(MIU .. )AI- ~ aawY 11' IMI IICID QIY, DAD ID'_ I_ l[Cf'NO • •t••tr-.cw , • ••· ·1··-111 • --··· • -··tr-c, • -·IX'-111/11 -•---... -£--·---o- __ , -s------, ___ • LEGAL DESCRIPTION PARCEL NUMBER 2 REVISED A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW'/,) OF SECTION 34 , TOWNSHIP 4 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE , STATE OF COLORADO , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF THE SE Y., SW Y., SW 'I, OF SAID SECTION 34; THENCE N89°33 '50"E, A DISTANCE OF 211.29 FEET TO THE POINT OF BEGINNING , SAID POINT BEING ON THE NORTH LINE OF ENGLEWOOD PARKWAY; THENCE N89°50'22''W ALONG SAID NORTH LINE OF SAID ENGLEWOOD PARKWAY, A DISTANCE OF 460.97 FEET TO A POINT OF CURVATURE; THENCE 42 .26 FEET ALONG THE ARC OF A CURVE TO THE RIGHT , HAVING A CENTRAL ANGLE OF 51°31 '23", A RADIUS OF 47 .00 FEET, AND WHOSE CHORD BEARS N64°04'4l"W, A DISTANCE OF 40.85 FEET; THENCE N38°18'59''W, A DISTANCE OF 20 .00 FEET TO A POINT OF CURVATURE ; THENCE 27.43 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19°38'45", A RADIUS OF 80 .00 FEET. AND WHOSE CHORD BEARS N28°29 '30"W , A DISTANCE OF 27 .30 FEET ; THENCE S89°50 '22"E , A DISTANCE OF 577.51 FEET TO A POINT ON THE NORTH LINE OF ENGLEWOOD PARKWAY ; THENCE ALONG SAID NORTH LINE OF ENGLEWOOD PARKWAY THE FOLLOWING FOUR COURSES: I. S00°09'38''W, A DISTANCE OF 6.28 FEET TO A POINT OF CURVATURE ; 2. THENCE47 .12 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 60°00'00", A RADIUS OF 45.00', AND WHOSE CHORD BEARS S30°09'38''W, A DISTANCE OF 45 .00 FEET; 3. THENCE S60°09'38"W, A DISTANCE OF 13 .52 FEET TO A POINT OF CURVATURE ; 4. THENCE 20 .94 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HA YING A CENTRAL ANGLE OF 30°00'00", A RADIUS OF 40 .00 FEET, AND WHOSE CHORD BEARS S75°09'38"W, A DISTANCE OF 20 . 71 FEET TO THE POINT OF BEGINNING . PARCEL NUMBER 2 REVISED CONTAINS 31 ,378 SQUARE FEET. 0.72 ACRES MORE OR LESS . THE BASIS OF BEARINGS IS THE EAST LINE OF THE E 'I, SE '/, SW '/, SW Y. OF SECT ION 34.BEING S00 °05 ' l 2"W AS SHOWN ON THE CITY OF E!'-iGLEWOOD SURVEY OF SECT IO N 34, A TED SEPTEMBER 1980. THE NORTH CORNER IS A FOUND PIN AND 2" AL UMINU M CAP LS # ILLEGIBLE AND THE SOUTH CORNER IS A FOUND PIN AND CAP LS #12083 . Prep ared by: Robert B. Taylor, PLS For and on behalf of R&R En¥ineers-Surveyors. Inc . 1190 S. Colorado Blvd ., Annex Bid¥, Denver , CO 80246 - COUNCIL COMMUNICATIO,,N, DATE AGENDAmM SUBJECT February 18, 2003 11 Ci Increase of Library Overdue Fines & Limits - INmATEDBY STAFF SOURCE Library Department Hank Lon& Director of Library Services COUNCIL GOAL AND PRMOUS COUNCIL ACTION The present structure for overdue library fines goes back to 1985 when the Englewood Public Library first automated its circulation system. It is my understanding that Council gave approval to the present fine/fee structure at that time. RECOMMENDED ACTION The Library Department recommends City Council approval of a Resolution to increase the structure of overdue library fines as a way to increase City revenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1985, the Library has maintained its present fine structure for overdue library materials of .1Q! ~ for items checked out from the Main Library and 3¢ per day for items checked out from the Bookmobile. There is currently a maximum of $2 00 per mun on ALL overdue library fines. EPL also provides patrons with a 3-day wee period on most of the EPL materials circulated, meaning that no charges accrue on overdue items returned within this timeframe. In addition, EPL provides its patrons with a telephone number whereby they can call and renew an item before its due date without having to go to the Main Library or Bookmobile. In order to encourage the return of its materials and to make them available to a wider audience, EPL restricts the renewal of its circulating materials to a single renewal. The structure for overdue fines at EPL ;s different from its charges for lost or damaged materials. In these instances, the patron is charged for the cost of a replacement item, plus a $5.00 processing fee (this charge, which most libraries utilize, covers the reordering of the replacement item, its removal from the library database, plus the time/labor/materials cost for re-cataloging and processing of the new replacement) In reviewing the structure for overdue library fines at other metro-Denver public libraries, we discovered that four library systems (Adams, Aurora, Littleton, and Arapahoe Library District) still charge 10¢ per day for overdue library materials while two others (Denver Public Library and Jefferson County Public Library) charge 20C per day. Within each system, however, the way these o verdue charges are figured differs greatly, e.g. some have different charges for aduh and children's materials, some waive overdue charges for seniors, some charge differently dependina on the type o f material circulated, etc. AH of which tends to create confusion on behalf of library patrons across the metro area. At EPL, we believe that our philosophy of a sjnme cbicu for aB types of materjals is easier for the public IQ remember. ' ... .. • • We propose changing the current structure of overdue fines from 10¢ per day to 20¢ per day for all items and changing the maximum overdue per item from $2.00 per item to $5.00 per item, regardless of whether these materials are checked out at the Main Library or at the Bookmobile. We believe that given our present options for EPL patrons to either return overdue materials within the existing grace period or else to renew them in person or over the telephone, this increase is both reasonable and justified. Staff presented this proposal to the Library Board at their meeting of February 11, 2003, and the Board voted unanimously to support the recommended changes. There was discussion about eliminating the Library's annual "Food for Fines# program so more people don't hold on to their items in order to get out of paying overdue fines. When it was explained that one of the reasons for this popular public "amnes~ program was to get our boob back, the Board voted to continue this program but with the following modifications. Instead of one 4-5 week amnesty period at the end of the year, the Board recommended having two, two-week amnesty periods each year, e.g. at the end of the school year and during the November/December holidays. They felt that this change will result In overdue Library materials being retumed quicker in order to be used by more patrons. They felt that elimination of the "Food for Fines" program might result in a few more dollars in income but that this increase would be offset by negative publicity for the Library and a possible loss of more unreturned Library materials. If City Council approves this proposal, we will implement the new changes in early April so as to provide our patrons with reasonable notice of the new overdue charge structure through slpge In the Main Library and Bookmobile as well as through artides in the local media. FINANCIAL IMPACT In 2002, the Library returned over $17,000 to the City In overdue fines. We estimate that the propose" changes oudined above will bring in an additional $10,000 per year to the Oty's General Fund. UST OF ATIACHMENTS none WHEREAS, the Englewood Public Library has maintained its present fine structure for overdue library materials checked out from the Main Library (10 cents per day) and from the Bookmobile (3 cents per day) since 1985; and \VHEREAS, the Englewood Public Libruy provides its patrons with a telephone number whereby they can call and renew an item before its due date without having to 10 to the Main Library or Bookmobile; and WHEREAS, the Englewood Public Libruy believes that a sin&lc charge for all types of materials is easier to remember; and WHEREAS, the Englewood Public Library proposes chaqing the current Overdue Fines from a two tiered structure to one fine of 20 cents per day for all itema and changing the maximum overdue charge per item from $2.00 to $5.00 per item for materials checked out at either the Main Library or Bookmobile; and WHEREAS, the Englewood Public Libruy Board propolCI a clump of its annual "Food for Fines" program to provide for two shorter "amnesty" periods to cmcounae the return of overdue Library materials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF 1llE CITY OF ENGLEWOOD, COLORADO, TIIAT: Section 1. City Council hereby approves rmina tbc Overdue Fines from tbc current two- tiered scbcdule t.'I 20 cents per day for all items cbecbd out of cuber die Main Lilnry or tbc Bookmobile. Sec1ilm.1 . City Council alto approves raisin& die maximum overdue per item c:barp from $2 .00 per item to $5 .00 per item. ~. City Council also ~ves a clump in the annual "Food for Fines" propam for overdue items to provide for two shorter periods of time for the proanm. ADOPTED AND APPROVED this 1s• day ofFcbnwy, 2003 . 8cvcrlyJ.Bradlbaw,~ Attest : Loucrishia A. Ellis, City Clerk • • I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the above is a true copy of Resolution No.___, Serie. of 2003. Loucrishia A . Ellis - I' II I . ·• • • ?.a) ~3 ~ . ' &f~~~t::e..---~ c----. (_J • • • • ) . 1 .• ---~ --- l~~--" " =-----= ~ ---.-,-ri -- ' • • 1. 2. 3. Call to order. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD cm COUNCIL TUESDAY, FEBRUARY 18, 2003 7:30 P.M. Englewood Civic Center -Council Chambers ~ 1000 Englewood Parkway Englewood, CO 80110 ~ \ ltv' ./ 7; .5 '1fMv (!ii) 1l vr '{i\ ~ Invocation.(}~ Pledge of Allegiance.~ 4. Ro!C.l Ul ? ~ 5. Minutes. a. Minutes from the Regular City Council Meeting of February 3, 2003. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff . UI1sd:¥!.dult:~11";isito1Jr~ease Jlmit your presenta~to five mi~ fl~. _ «.. Clf~":. €, .g O; --.J..~'f 7 W. -pq)--_ 3 I 0-(A.,((!,(...,frte_ -~ ' --~ 8. '3 ~munications, Proclamations, and Appointments. ~ • U/111,/f:J f /J ~~tter from William G. Belt indicating ~! ~l:J"_ from the Enalewood Code w~ forcement Advisory Committee. l}t,{.,N ,,.,,,, ''l) ~ f ~ 9. Public Hearing (None Scheduled) ff w,ffe ~ fl;_ ? _':J) ~ 7JJ(Jf J, / -(;,11/:;.,~ ~ #3~-~ ~ ~c/ot:t .. :ii~ \M/Jl.«IN-\~~ lfJ '18 ......... .,,.. ..... ...., ..... ...., .......... .._ ...... air.,,, ... (JU.76N41S)al._. .................. ...._ ......... ff I,- Englewood Crty Council Agen ~:::':~ ~::,j 9 _; I J- lJ1Vf e'c5nsent genda. a. Approval of Ordinances on First Reading. b. c . i. ii. Council Bill No. 9 · Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance approving redistricting of Council Districts. STAFF SOURCE: Frank Gryglewlcz, Director of Finance and Administrative Services and Loucrishla Ells, City Clerk. Council Bill No. 6 • Recommendation from the Utilities Department to adopt a 6111 for an ordinance amending sections of the Englewood Municipal Code regarding the Upper pH Limit for Industrial Discharges. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Council Bill No. 16 · Recommendation from the Utilities Department to adopt a blll ft>r an ordinance amending sections of the Englewood Municipal Code to Oarify Sewer Rates. STAFF SOURCE: Stewart H. Fonda, Director of Utllitlel. iv. Council Bill No. 12 · Recommendation from the Utilities Department to adopt a tsttl for an ordinance approving City Dhch license Agreement with the Regional Transportation District for fencing along South Santa Fe Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utlfftles. v. Council Bill No 11 • Recommendation from the Utilities Department to adopt a 1iil1 for an ordinance approving a Water Supply and Facilities Agreement with Centennial Water District. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Approval of,Ordinances on Second Reading. R~s and Motions. i. ii. Recommendation from the Utilities Department to approve, by ;otion., a Sewer Tap Agreement with Wingate Hotels. STAFF SOURCE: Stewart • Fonda, Director of Utilitlel. Recommendation from the Utilities Department to approve, by motion, the purchase of Powdered Activated Carbon Equipment for the UnlonAVenue Pump Station . STAFF SOURCE: Stewart H. Fonda, Director of Utllitles. 11 Regul" Ageoda. df*'fl-0 ~ / OrJ. I <I> 3 (7~1 ;ppro;~:~:r:iil~:n:~ 3°~ ::~::::tion from the Englewood E~ronmental Foundation to adopt a bill for an ordinance accepting the transfer of the property known as Parcel 2 from the Englewood ~ronmental Foundation to the City of Englewood. STAFF SOURCE: lick ICahnt, Dlredar. f"lene note: If you ... ....., ..... ....., ...................... aa, .. , ' ... (l03-7'2•J405)11 ........................................ ,... r •• • • .. • • Englewood City Council Agenda February 18, 2003 rage3 b. ii. Council Bill No. 14 • Recommendation from the Community Development C>epartment to adopt a bill for an ordinance approving a property transfer from the Englewood Urban Renewal Authority to the City of Englewood. STAFF SOURCE: Mark Graham, Senior Planner. iii. Council Bill No. 1 5 • Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance accepting the transfer of the Revised Parcel 2 from the City of Englewood to the Englewood Environmental Foundation. STAFF SOURCE: Rick Kahm, Director. ecommendation from the Library Department to adopt a resolution increasing Overdue Fines and Limits at the Englewood ~blic Library. STAFF SOURCE: Hank long, Director of Library 5emcel. / )~ 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. City Attorney's Report Adjournment The following minutes were transmitted to City Council between January 31 and February 13, 2003: Non-Emergency Retirement Board meetings of August 13, November 13, and November 26, 2002 Englewood Planning and Zoning Commission meeting of December 17, 2002 Englewood Code Enforcement Advisory Committee meeting of January 15, 2003 Englewood Election Commission meeting of January 9, 2003 Englewood Public Library Board meeting of January 14, 2003 Please note: If you haw a tlullllly-' .... ......, ailk ........... _.. .. a, flEsd .... (303-762-2405) at l...a ..... la ..... of ..................... ..... 1"< • t .. • •