HomeMy WebLinkAbout2001-08-20 (Regular) Meeting Agenda Packet•
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-En3lewood City COUncil Mee~
Ai.,;Just 20, 2001
ordinance* ~f,I.{. ~ ,,Kf.~A. 50, 51, 52, 53, 54, 55, 56
Reoolution •7' /. 68, 69, 70, 71, 72, 73, 74, 75, 76, 77
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY. COLORADO
I. Call to Order
Regular Session
August 20. 2001
The regular meeting of the Englewood City Coun cil wa s ca ll ed to order by Mayor Bums at 7 :40 p.m.
2. Invocation
The in vocation was given by Mayor Bums .
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Bums .
4. Roll Call
Present :
Absent :
A quorum was present .
Also present:
5 . Minutes
Counci l Member Grazulis. Garren. Bradshaw, Wolosyn . Bums
Council Member Nabholz, Yurch1ck
City Manager Seaa.
City Anomey Brotzman
City Clerk Ellis
Director Simpson. Community Development
Capital Projects Manager Kahm. Public Works
Assistant City Manager Flahert y
(a) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO
APPROVE THE MINlJTES OF THE REG ULAR CITY COUNCIL MEETING o•· AUGUST 6.
2001.
Ayes :
Nays:
Absent:
Motion carried .
6. Scheduled Visitors
Council Members Garren. Brads haw. Wolosyn, Grazulis. Bums
None
Council Members Nabholz , Yurchick
(a) Jack McGraw. Acting Regional Admimstratorofthe En\'lronmental Protection Agenc y.
advised that David Ostrander and Kathy Atencio. staffers for the Brownfields project in o ur region. were
also present. It is certainly a pleasure to be here for thi s e\'ent. he said. Many times when people h~ar the
name EPA the y conjure up all kinds ofnegau ve images , but "e defimtely ha\'e the white hat on tonight and
we are glad to be here to share this moment in recognition of the C 1t y's effons in the Brownfields program.
He stated that the City has expressed an outstanding imtiatl\'C and creativity in the way the City ha
supported the Brownfields project and the Brownfields program in the City. I want to officially go on th e
record, he said, as saying that we want to recognize Mayor Burns and the City Council members for their
support and for the approval of this proJect some time ago , because without your support, endorsement and
encouragement. the program people cannot make this a success. Believe me. he said. thi s ha s trul y been a
successful effort b y the City of Englewood and Englewood has been a leader in the Brownfields program in
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our region . We cover six states and you are right there near the top in leadership. creativity and initiative
and the problems you fa ced and the way you overcame those. You tho ught creatively and yo u thought
outside the box, he said, like your idea to use PILOT funds for assessment loans. This dido 't work at fir st ,
but you didn 't give up, you kept working at it and working at it and now you ha ve found a way to make it
work . which can set a precedent for our program nationally, not just in the City here , but the whole nation .
Every time. as you came upon an obstacle. you persevered and overcame that obstacle . Again, he said. I
want to officially go on the record to congratulate you for your support and leadership m th is area . The
City also was the first PILOT grant recipient with the clean-up program in our region . It was ninth in !he
country and it is the largest loan, to date, for a cleanup, as a part of the Centennial Park expansion. The
C,ty ·s program has had great success with projects. such as the Keough and Company business expansion.
which was a real success when you see the write-up on that one, the old Thomas Plating site and there ha s
been significant progress on the old General Iron Works property and e\'en on yo ur own initiati\'e . without
an y funding from the EPA, you have led in the development of Ci nderella Cit y. I just want to comment. he
said, that you are landlocked and this program has become a way of doing business for the Ci ty of
Englewood. It is the way you think, the way you do things . he said. and you are far beyond our program
and we are just glad to be a catalyst to help get that started, because yo u are definitel y on yo ur own and
making some real progress. We commend yo u on your leaders hip. both loca ll y. as well a na1,onall y. You
will ha ve a member of your staff at our nauonal meeting in Chi cago . conung up in September. lelhng them
about the success of this project. We continue to offer you our support and encouragement . he sa,d. and \\C
look to you for leadership. Mr. McGraw noted that their work "'ith the City of Englewood has centered on
three people . With Council 's pemus ,on. he sa,d. I wou ld like to re cogni ze th o e three . He noted there arc
a lot of people here who have made th, a successful projecl. but the se three people are the ones "ho
spearheaded it and made ,t the success tha t n is . We know without the ir effort s. rnoll\'ati on and dnve thal
these projects would have been much less likely 10 succeed . He stated that our grants. through 1h e
Community Development Department. have been well used under their direction. For their efforts I would
like to present awards to Bob Simpson. the Oirector of Community Development, Mark Graham and
Darren Hollingsworth. The citation we would like to present, to the Community Development Department
of the City of Englewood, is an Environmental Achievement Award for their strong leadership, relentle s
initiative and creativity in carrying out the Brownfields project, resulting in cle.anup and reuse of key
Brownfields properties in the City of Englewood. Mr. McGraw thanked Mayor Bums and Coun cil for their
support and continued leadership in the Brownfields program.
Mayor Burns said Council appreciates that ve ry much .
Mayor Burns noted that he was privileged to go to the White House about four or five years ago to ac ce pt
the first Brownlie Ids Grant that we obtained. which was one of 32 in the country at that time . and that
kicked off our Brownfields participation. I like the word relentles s. he said, as they have j ust been after 11
and after it. We arc looking forward to the General Iron Works project and certainly, the Centenn ia l Park
expansion. We reall y appreciate your cooperation, he said, in working with our staff on th ese projects. It 's
a great thrill . He thanked Mr. McGraw for conung .
Mr. McGraw thanked Mayor Bums and he wished the City good lu ck.
(b) Alan Lawson was sc heduled to addre ss Council re ga rding floodin g and drainage in south
Englewood, but he was not present .
7. Unscheduled Visitors
(a) Julian Rush advised that he has been the Executive Director of David Taylor Dance
Theatre since March,~. We arc here to make a request , he said . Because of the actions of this body we
have been able to consider making a move, a relocation from where we arc in downtown Littleton to
CityCentcr. In light ohhis opportunity we have undertaken a capital fundraising campaign, he said, and it
is a rather extensive one for a small organization like ours. The cornerstone and kick-off for this is a wine
and hors d'oeuvre reception in the Community Room here on Thursday night. September the 27 ... In
addition to this , he advised, we will also be spilling out into the atrium for a s hort dance program and the
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Museum has agreed to stay open that evening so that our patrons can wander through the Museum and look
at the an works as well. This venue is rather expensive for us. he said. but we wanted to ha ve it here .
because we feel it is very imponant, for the perspective donors who come to thi s rece ption . to be able to see
the big picture here, all that is going on and then to be able to understand how David Ta ylor Dance Theatre
fits into this larger perspective . So we felt it was very imponant to have it in this place . Because of that , he
said , and be ca use this event is actuall y rai sing funds to help u relocate from downtown Littleton to here.
we res~ectfully request that the Council consider allowing Da vid Ta ylor Dance Theatre to use thi s spact' on
the 27' , free of charge . That is our request, he said .
Council Member Bradshaw asked what the normal charge wo uld be . Mr. Rush said he thought that. for
non-members , it is $200.00 an hour or something. It will be around $1.000.00 for the length of time that
we want it.
Mayor Burns asked Mr. Rush if they will have enough room here to accommodate all the people . '.\fr. Ru sh
advised that they are only plarming on about 100 people. I think the room is limited to 150. he said , so
even ifwe have a few additional people, we will still comply with that. We won't be bringing drinks out
into the atrium; we understand that we have to keep those in the Community Room.
Mayor Bums advised that Council does not take action durin g thi s pan of the meet mg. that later on th ey
will have Council Member's Choice. He asked if anyone had any fun her questi ons of Mr. Ru sh .
Council Member Grazulis asked what time it will stan. Mr. Rush advised that th e event will stan at 5:30
and goes until 8 :00.
Council Member Grazulis asked what day that falls on . Mr. Ru sh advised it will be held on Thursda y,
September 27lh .
Council Member Wolosyn asked if it is a ticketed event. Mr. Ru sh advised the y will be sending o ut
invitations and all of City Council will receive one . It is an invitation only event. he said .
Mayor Bums commented that there might be a lot more of the Bail y 's building constru c ted at that pomt.
Mr. Ru sh said he thought it would be very exciting for them :o see what 1s happening next door and all
around.
Mayor Bums thanked Mr. Rush for coming.
Council Member Bradshaw advised that Council would get back to Mr. Ru sh . through Mike Flaheny.
(b) Kells Waggoner, 3301 South Race Street , said he had several things to d isc uss thi s
evening . One is that at the nonheast comer of Humboldt and Floyd there is a lot there that is full of weed s
and I believe in equal treatment for all , he said. The other thing, he said, 1s that he would request that you
keep the Ci ty's website up-to-date . I checked today for the Council Agenda for thi s e,·emng a nd th e la st
one on there is August 6'h and Council Member Bradshaw 's address is still 2910 Sou th Marion. Council
Member Bradshaw confirmed that yes. she did move two yea rs ago .
Mr. Waggoner advised that the main thing he wanted to talk about was Consent Agenda Item JO (b) (vi i),
Council Bill No. 53 , approving the vacation of the right-of-way in the 2400 block of South Pecos Street. It
seems to me , he said, that that has been before the City for quite a few years , in fact I remember talking
about it even when I was with the City. If I remember correctly. he said, the re is s upposed to be a correct
turnaround at the end of each one of those streets, Wesley and Harvard . I was over there today and if the
City is calling that a facility for a turnaround, he said, then I think yo u are sadly mi stake n. I had a tough
time turning my Suburban around at the end of either one of those streets . Not onl y is it full of junk ca rs 111
that area , wrecked cars , but some of them are even out in the travel lane. Mr. Waggoner stated that there is
reall y no delineation of any kmd ofa turnaround . When we vacated Jefferson Avenue, he said, on the ea st
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side of Cherokee. we actually put that in a Paving District and made sure it was designed to some tandard .
I can 't tell you whether that area O\·er there has been in a Paving District or not . I think the streets ha,·e , bu1
certainly the end where we vacated Pecos has not been . At least. he said. to my recollection. ii ha s not
been . I think that should be put in a Pa,·i ng District with the curb and gutter delineating the turnaround. he
said. and I would challenge the Fire Depanment to go over there and try to turnaround at the end of either
one of those streets. I don 't think they can do it . When I was with the City. we were told by the Fire
Depanment that there should be a 90 foot diameter cul-de-sac. a 45 foot radius cul-de-sac. so the y could
turnaround in that area . Mr . Waggoner emphasized that the y can't possibly do it at the end of either one of
those streets . I would suggest that you table Consent Agenda Item 10 (b ) (vii). he said , until such
provisions are made or that you get some answers . I would also like some answers as to why we are
vacating that street before the proper provisions for a turnaround are designed and installed . Years and
years ago, that place had regular visits by the police. there were a lot of tickets is sued for junk cars and it 1s
still the same now. it hasn't changed. If you have any questions I would be glad to answer them. he said. at
least from my perspective .
Mayor Bums thanked Mr. Waggoner.
Council Member Bradshaw thanked Mr . Waggoner for bringing that to Coun cil's attention .
8 . Communications. Prodamations and Appointments
There were no commumcanons. proclamations or appointments .
9 . Public Hearing
No public hearing was scheduled before Council.
10. Consent A&enda
COUNCIL MEMBER BRADSHAW REMOVED ITEM 10 (bl (vii) FROM THE CONSENT
AGENDA.
Council Member Bradshaw stated she would like to postpone this item until Mr. Waggoner's que stion s are
answered.
[Clerk's note : Agenda Item 10 (b) (vii) is Council Bill . 10 . 53. an ordinance vacating a portion o f the right-
of-way located in the 2400 block of South Pecos Street by the Ciry of Englewood .]
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO POSTPONE
AGENDA ITEM 10 (b) (vii) -COUNCIL BILL NO. 53.
Ayes : Council Members Garren , Bradshaw. Wolosyn. Grazulis , Bums
Nays : None
Absent : Council Members Nabho lz. Yurchick
Motion carried.
Council Member Bradshaw asked Mr. Sears if he would get back to Council on rhe concerns. City
Manager Sears noted that Director Ross \\'3S not here. but that he knows this has been before the Planning
and Zoning Conunission and there has been staffing, including our Fire Department, and they actually did
go out to do some turnarounds at one point in time . But, he said, I am not up to speed on the current status.
We will raise these concerns and bring them up at the next Council Study Session.
Council Member Bradshaw noted she needs more information before she would feel comfortable votmg on
this. bcc~use that is a really serious area and we need good fire protection and good response capability .
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City Manager Sears said he would like to p oint out , for the record . that Council Member Yurch1 c k
abstained at the last Council meeting. as thi s is a propeny where he has some effect and he will probabl y be
abstaining from discussion on th is in the future . . ....
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPRO\'E
CONSENT AGENDA ITEMS 10 (a) (i), 10 (b) (i) THROUGH (vi) AND 10 (c) (i) THROl'GH (,·i).
(a) Approval of Ordmances on First Re ad mg
(i) COUNC IL BILL NO. 54. INTRODUCED BY COUNC IL MEMBE R
GARRETT
A BILL FOR AN ORDINANCE AUTHORJZING ACCEPTANCE OF A $7.500 G RANT FROM T H E
COLORADO DEPARTME T OF LOCAL AFFAIRS (DOLA) FO R ENTERPRI SE ZONE
MARKETING AND ADMINISTRATION.
(b) Approval of Ordinances on Second Readmg
(i) ORDINA CE NO. 44 . ERI E OF 200 1 (COL':S:C IL BILL t,.;O . 32.
INTRODUCED BY CO NCIL MEMBER GA RRETT)
AN ORDINANCE AMEN DI NG TITLE 11 , C HAPTER 1. ECT ION 1. SC BSECTION B, PARAGRAPH
10 .5, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO T RUC K TRAFFIC
CONTROL D EV IC ES .
(ii) ORDINANCE NO . 45. SE RI ES OF 2001 (COUNCIL BILL NO . 4 7.
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
A , ORDINANCE APPROVl.1G A RATE INCREA E TO T HE STORM WATER FUN D FOR THE
DARTMO T H A VEN E STOR.\.1 SEWER PROJECT.
(1i1 ) ORDINANCE 1'0. 46. SERJE OF 200 1 (COUNC IL BILL NO . 4 8.
INTRODUCED BY COUNCIL MEMBER BRADSH AW)
AN ORDINANCE OF T H E C ITY OF ENG LEWOOD. COLORADO, ACTING BY AN D THROUG H
ITS STORM WATER ENTERPRISE. AUTHORIZING THE ISSUANCE OF STORM WATER
ENTERPRISE REVENUE BO NDS, SE RJES 200 1, FOR THE PURPOSE OF FINANCING CA PITAL
IMPROVEMENTS FOR USE IN ITS STORM WATER ENTE RPRIS E; PRE SC RIBI NG THE FORM OF
THE BONDS ; PROVIDING FOR THE PAYM ENT OF THE BONDS FROM THE OPERATION OF
THE STORM WATER SYSTEM ; AND PROVIDING OTHER DETA IL S AND AP PROVING
DOCUMENTS fN CONNECTIO N WITH THE BO NDS .
(iv) ORDI ANCE '0 . 4 7, SE RJ ES OF 200 1 (COlI'.'ICIL BILL NO. 50.
INTRODUCED BY COU 'C IL MEMBER GARRETT)
AN ORDINANCE A Tl!ORIZING AN [NTERGOVERNME TAL AGREEMENT BETWEEN THE
COLORADO DEPARTME T OF TRANSPORT A T IO (COOT) A 'D THE C ITY OF El'\GLEWOOD
DOCUMENTING THE ARRANGEMENT AND RESPONSIBILITIES OF THE C ITY OF
ENGLEWOOD AND COOT FOR THE 1-2 5 SOUTHEAST CO RRJDOR COLORADO
TRANSPORTATION MA NAG EMENT SYSTEM (CTMS).
(v) ORDINANCE NO. 48, SERJ ES OF 2001 ( OUNC IL BILL NO. 5 1.
INTRODUCED BY COUNCIL MEMBER GA RR ETT)
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AN ORDINANCE APPROVING AN I TERGOVERNME TAL AGREEMENT WITH COLORADO
STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH PROJECT ON LAND
APPLICATION OF SEWAGE BIOSOLIDS O DRY LA D WHEAT.
(vi) ORDINANCE NO . 49 , SERIES OF 2001 (COUNCIL BILL NO . 52,
INTRODUCED BY COUNCIL MEMBER GRAZULIS)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL GRANT FOR THE STABILIZATION
OF THE THOMAS SKERRITT HOUSE BETWEEN THE COLORADO STATE HISTORI CAL
SOCIETY AND THE CITY OF ENGLEWOOD .
(vii) This item was moved forward . See page 4.
(c) Resolutions and Motions
(i) RESOLUTION NO . 66, SERIES OF 2001
A RESOLUTION ESTABLISHING THE HOLIDAYS THE CITY OF ENGLEWOOD SHALL
OBSERVE .
(ii) CONTRACT WITH AMERI CAN MEC HA NICAL SERVI C ES (AMS) IN TH E
AMOUN T OF $181 ,610.00 TO UPGRADE THE MALLEY SENIOR RE C REATION CENTER HV A
SYSTEM .
(iii) RESOLUTION NO . 67 , SERIES OF 2001
A RESOLUTION FOR THE APPROPRIATION OF FUNDS TO UPGRADE THE HV AC SYSTEM AT
THE MALLEY SENIOR RECREATION CENTER.
(iv) PURCHASE OF TWO NEW ALUMINUM REAR DISCHARGING
BIOSOLIDS TRAILERS FROM WESTQUIP/MA Y MFG . IN THE AMOUNT OF $139.286.00 .
(V) PURCHASE OF ONE NEW 5"' WHEEL EQUIPMENT TRAILER FROM
TRANSWEST TRAILERS, LLC , IN THE AMOUNT OF S42.145.00 .
(vi) PURCHASE OF WATER METERS FROM MOUNTAIN STATES PIP E IN
THE AMOUNT OF $31 ,989.20 AND FROM WATER WORKS SALES CO ., IN THE AMO T OF
$5 ,568.80 .
Vote result1:
Ayes :
Nays :
Absent :
Motion carried.
11. Regular Agenda
Council Members Garren . Bradshaw, Wolosyn, Grazulis, Bums
None
Council Members Nabholz, Yurchick
(a) Approval of Ordinances on First Reading
(i) Director Simpson and Capital Projects Manager K.ahin presented a
recorrunendation from the Englewood Environmental Foundation to adopt a bill for an ordinance
transferring the former City Hall property to the Englewood Environmental Foundation .
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Director Simpson stated they were here to request approval , on first reading. for the transfer of the forn1er
City Hall property. at 3400 South Elati Street, from the City of Englewood to the Englewood
Environmental Foundation. He explained that the purpose of the transfer is to facilitate red eve lopment of
the property, primanly to begin demolition of the former City Hall buildin g. As yo u know, he said. some
of the building contains asbestos, and what we are seeking to do . during the demohtion process. 1s to
protect the City from any environmental liabilities . We are only, actually, se eking the southern pot1 1on of
this property as a transfer at this time, not the entire parcel. There are actuall y two parcels that go with thi s .
One is on the north side of the Englewood Parkway and the primary portion is on the southern portion .
Ultimately, full survey work will be required and that has not been full y completed at thi s tune . That 1s std I
required , and , probably, there will be some reconfiguration through so me s ubd1v1 s ion that will be required .
He noted that has not been fully determined . But . he sa id. with approva l from Council tonight , we would
be able to facilitate the redevelopment and demohtion of that building .
Council Member Bradshaw asked what \\as our reason for wanting to do the demolition ourselves.
Director Simpson advised that , pnmarily, it enhances the value of the property for re sale or redevelopme nt.
Without a building on that property. he explained, we are removing the risk of that removal , of the
demolition, for potential developers. or potential resale. on that property. We believe that we have a better
sense of what those environmental costs are. he said .
Mayor Bums noted that we are also transferring this property to the Englewood Environmental Foundati on
to remove the City from substantial financial environmental liability potential , the same a s we did with the
CityCenter project. It is a similar type of thing. he said .
Director Simpson said we have actuall y conducted an environmental assessment on the building and "e
have a fairly good understanding of what the environmental issues are within that building . We al so have a
fairly good sense of what the cost will be for the demolition and the remediation . We believe that hanng J
firm handle on those costs will give us a better sense of what those demolition costs will be. as opposed to a
developer, not knowing exactly. He pointed out that even though they have that information available . th e~
do tend to add dollars to that potential and that risk .
Council Member Grazulis asked about their t1meframe for stamng the demolition . Capital ProJects
Manager Kahm said, assuming Council approves the tran s fer on fir st reading th is evening. that second
reading would be on September 4•h . At that time . he said. there would also be a reso lution . becau se we
need the funds to go forward with this action . Then we would spend the next couple of weeks linmg up
contractors and environmental folks , he said . in order to . hopefull y, take this down b y the middle . or the
end. of October at the latest .
Council Member Grazuli s noted that at one time Ea rl y Education , through Englewood sc hool s. had
expressed an interest in just us ing II until th e demohtion. But. she said , that liming doe sn't see m to make
that feasible at all. Capital ProJects Manager Kahm sa id no , the building has asbestos in it and. quite
honestly, when folks are in there there 1s always the poss1b1lity that someone could be exposed to a bad
situation. So. he said, it is best that we clean II up .
Capital Projects Manager Kahn1 added that he had talked to the building maintenance folks and found out
that, in the month of July. it was cost us $1 ,500.00 just for Publi c Service to keep the building open . And
of course , he pointed out. those costs go way up in the winter.
Mayor Bums commented that they ha"e d1 cussed before that 1f the developer did the demohtion 1t would
cost a good deal more than if the City does 11. Mr. Kahm said he didn't think that was probably true , but
the developer doesn ·1 know for sure and so he is taking a risk . So if you were working with the developer
he would add money, to protect himself, in case he runs into something unexpected . In thi s particular
instance. he said. at least we know that the cost of the demolition and the environmental cleanup 1s what 11
actually costs and we are absorbing the risk that way .
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Council Member Bradshaw asked if there are any grants, Brownfields Grant, or anyt hin g like that
available . Mr. Kahm stated that there is nothing that they are aware of.
...
Mayor Bums as ked if w~ had any more news about Situs. as we had invited them to make a proposal.
Director Simpson said he was actually going over some of the calendar dates that we have been g oing
through. We met on August 8°', with Situs. to discuss the Borders proposal . he said. to make sure the y
were completely clear. On August 10'", Mr. Kahm and I sat down with Cliff Weinberger and Skip Mill er to
go over the Borders proposal and potential redevelopment of this property. We discu ssed their mutual
interest and the City's goals to make this kind of deal a reality on this property. Mr. Simpson stated that
Mr. Weinberger agreed to get a proposal put together within the next two weeks . I believe he was to
forward that proposal on to Skip Miller today, he said, and I am not certain whether that was completed .
do need to follow-up on that. But. he said, we do anticipate it wa s. We are anticipating some sort of
proposal or response from both of these parties by the end of the month and we have indicated that b y
August 31 " we should have some sort of proposal. What I am going to be doing is setting up another
meeting with the review committee and Mayor Bums and Council Member Garrett will be attending th at.
Sometime in the first or second week of September, if we can get that group together. I would like for them
to consider and review that proposal and make a recommendation back to C ity Council. So that is kind o f
the timing that we see as to where this proposal might be , he said .
So, Council Member Bradshaw said, Mr. Miller is involved in Phase 2 . Director Simpson advised that he
is involved to the extent that since there is a Borders retailer interested in thi s proposal, and he is actuall y
the broker, the representative . for the Borders retail e r and so he does ha ve some po te nual interes t in it.
Council Member Bradshaw said at one time Mr. Miller represented u s . Director S impson s aid I don 't lo1 0 "
ifhe has ever represented us . Mayor Bums said he wo uld have to agree . Ms. Bradshaw said sh e just had to
hear that said again. She commented that it will be interesting to see how that fall s out .
City Attorney Brotzman said, regarding the question about assuming the liabilit y and the ri sk. that he is
really happy that the two directors for EEF are comfortable with what the ri sk is fo r abating the liability o n
this, but the reason EEF was formed was for EEF to accept the ri s k that wa s unacceptable for the C it y to
bear. That is why we are transferring the property . and that is why we are trans ferring it for $ I 0 .00.
because EEF is accepting the environmental liabilit y.
Council Member Bradshaw asked what the scenario would be if they don't meet the deadline b y the end of
August. Director Simpson advised that they would probably have to talk to the re v iew committee and
determine what course of action the review committee would like to take . There are a variety o f o pti o ns
and I think they need to be discussed, he said . Council Member Bradshaw noted that Mr . Miller is pay in g
us $3 ,000.00 a day at thi s point. Actually, Director Simpson said. thi s 1s not about Mr. Miller a much a It
is about Situs, because it is their proposal. We will be expecting a proposal back fro m Si tu s and. he sa id ,
that will need to go to the review committee . Director Simpson opined that there ,viii be a propo al , but It
may not be something that the review committee finds acceptable . In that in stance , he advised. the re vi ew
committee will make recommendations to Council as a group and then Council can tak e ac ti o n o n the m .
Director Simpson said he would advise Council to anticipate thi s proposal, in some fom1, commg ba ck to
Council for disposition by mid-September.
Council Member Grazulis asked if. in the building itself, there are any salvageable fixtures . Mr. Kahm
advised that there may be some lighting in the Library that 's salvageable. We will handle all o f that and go
through the building a s much as we can, he said .
C ounc il Member Grazulis noted that , at one time. there were some plans to move some of the plants and
landscaping to this area . Mr. Kahrn stated that they have moved what Parks and Recreation recommended.
early on . What we propose right now is to save the bigger trees with the demolition, because we don 't
know what the redevelopment is reall y going to look like. Hopefully, he said, those can be saved and we
will just have to sec how the stte plan works out.
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Englewood City Council
August 20 , 2001
Page9
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Capital Projects Manager Kahm said there was one other thing he would like to mention. Whe n "'e met
and talked about this project la st. he said . at a Study Session. I indicated that I thought th e net va lu e of thi s
ground wa s probably about $600.000.00. If you will note in thi s Counc il Communicati on. he sa id. I ha ve
gone back and looked at the one point one acre s north of the Parkway . Al so, whe n th e apprai sal wa done
on the old C it y Hall site, the appraiser had actuall y taken o ut the cost , not of the environmenta l cleanup. but
of the demolition . So the actual net , he said. after demoht1o n and cleanup "~II still be reall y close 10 a
nullion dollars . Council Member Wolosyn sa id that I what she had m her head. so 1ha1 mak es mu c h more
sense to her .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA
ITEM 11 (a) (I)· COUNCIL BILL NO. ~5.
COUN CIL BILL NO. 55 . INTRODUCE D BY CO '~CIL MEM BE.R WO LOS Y N
A BILL FOR AN ORDIN A NCE A THO RI Z l ~G TH E T RA ~ FE R OF PROP ERTY KNO W , AS T HE
FORMER C ITY HALL FROM TH E C ITY OF ENGLEWOOD . OLORADO T O TH E ENG LEWOO D
ENVIRONMENT AL FOUN DATION.
Vote results:
Ayes :
Nays:
Counc il Me mbers arre n . Bradshaw. Wolosyn. G razuli s. Bums
'one
Absent : Counci l Members abho lz . Yurch1 ck
Motion carried.
(b) Approval of Ordinances on Second Read mg
There were no additional items submined for approval on second reading . (See Agenda hem 10 -Conselll
Agenda.)
( c) Resolutions and Motions
There were no additional resolutions or motions submined for approval. (See Agenda h e m 10 -C onsent
Agenda.)
12 . General Discussion
(a) Ma yor's C hoice
(i ) Ma yo r Bums mv11ed eve ryo ne 10 the Bill C layton back yard barbec ue o n
Thursday and the Annual Emplo yee Picnic on Fnday .
(ii) Mayor Bums ad vised that he will be att ending a meeting with the Governor on
Friday, along with other members of the Metro Ma yor's Caucus. to talk about the upcoming s pec ial se ss ion
on growth control. Hopefully, he said, that will be of some use . The Cauc us generally supports legi slati on
to avoid an initiative that may be something we don't want, as we have had in the past . He noted that some
of the political pundits have written off this session before it begins, but we would like to make an attempt
to get something out of this of some worth .
(b) Council Member's Choice
(i ) C ouncil Member Grazulis said she would like to conside r wai ving the fe es for
the Conununity Room for David Taylor Dance Theatre, because she believe s we still need to have good
relations with a potential partner in this group. We have been working very hard with them, s he said, and I
support anything where they try to save money.
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Englewood City Coundl
August 20, 2001
Page 10
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Council Member Garren asked about the City 's costs, as there will be cleanup costs and other co ts . He
said he would like for the City to at least recover the Ci1y ·s cost and consider a reduced fee . a opposed to a
waiving of the fee and setting some kind of precedent for that. Council Member Grazulis said sure .
Assistant City Manager Flaheny advised that the fee is built into the room charge, but II is not the total
amount of the room charge. I will ask Public Works to estimate that fee for us , if Council so desires. he
said, and we can bill that back to David Taylor Dance Theatre , if you so choose .
Council Member Wolosyn said she would like to know what the fees are, first. Because if it is $800.00 ,
she said, then I think maybe we would want to show suppon by splining that or something.
Assistant City Manager Flaheny advised that it really depends on the event. Just guessing. he said , I would
say it is probably somewhere in the neighborhood of eight to ten man hours . which should put us in the
range ofS200.00 to $250.00 .
Council Member Garren stated that one possibility is that Council has a meeting on September 4lh and
perhaps they can get some hard figures or at least a fairly good estimate.
Council Member Grazulis said that sounds good . I withdraw that. she said.
(ii) Counci l Member Wolosyn advised that on Thursday night of last week she
attended the Rage and Resolution performance and opening which MOA sponsored . I don 't know if
anyone is familiar with that program, she said, but MOA pays high school age students to come and work
on 1M issue of rage and resolution. Over the course of five or six weeks they put on a performance or an
an show. We always talk about how we can engage that segment of youth, she said . the fifteen, sixteen and
seventeen year olds , when it is not cool to be engaged in anything done by an institution. I thought this wa s
a great example of a successful endeavor, she said. and the woman that was running it told me that quite a
few of the students were from Englewood proper. Ms . Wolosyn said this program seems to be an example
of something they are doing for our community and our children .
Council Member Grazulis advised that this last Thursday night she and Counci l Member Bradshaw
anended the dinner at the Malley Center and it wa s qune delightful. They really appreciated our presence .
she said .
Mayor Bums advised that he has been invited to the National Night Out dinner at the Meridian on
Wednesday night. Nancy Peterson called me today. he said, and invited me to that and I am sure anyone
else would be welcome too .
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Mayor Burns advised that they are planning a performance out here Saturday night .
Council Member Bradshaw said the Denver Bagpipes and Brass will be performing at 6:00 p.m.
Mayor Bums noted that Littleton Mayor Susan Thornton will perforrn with that group and her husband is
one of the leaders . They were also in the Western Welcome Week Parade , he said.
I 3. City Manager's Report
City Manager Scars did not have any maners to bring before Council.
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Englewood Cily Council
August 20, 2001
Page I I
14 . City Attorney's Report
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(a) City Attorney Brotzman recommended the settlement of the Linda Sandoval and Robert
Sandoval , Sr. v . Englewood Police Depanment. et al -Case No . OO-N-1885 for $112,500.00. Thal is ba sed
upon the risk of a much higher settlement if this matter goes to trial and the cost of pursuing litigation .
simply the attorne y's fee s invol ved in the litigation.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE THE
SETTLEMENT OF THE LINDA SANDOVAL AND ROBERT SANDOVAL, SR. v. ENGLEWOOD
POLICE DEPARTMENT. ET AL· CASE NO. OO-N-1885 IN THE AMOUNT OF St 12.500.00.
Mayor Bums noted it has been moved and seconded 10 settle the Sandoval lawsuit for $112 ,500 .00 to avoid
further exposure and higher risk .
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
Council Members Garren. Bradshaw. Wolosyn. Grazulis. Bums
None
Council Members Nabholz . Yurchick
*. * *.
Mayor Bums stated that he had a budget for the Rail-Volution Conference that Sue Bradshaw mad e up
today . He passed it out for Council's review. The staff has obtained my participation on a panel on the use
of federal funding to stimulalC urban redevelopment at this conference, he said, and I am not anendini,; the
whole conference. It stans on Thursday and I am going in on Thursday and I will be there Thursday night ,
Friday night and Saturday night. I have been told that my panel is on Sunday. We have previously
discussed the possibility of me going to that, he said. and there will be some exposure for our Ce nter and I
think Lauri Danncmiller is also going to this conference on behalf of the City.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
MAYOR BURNS' ATTENDANCE AT THE RAJL-VOLUTION CONFERENCE.
Ayes :
Nays:
Absent :
Motion carried .
15. Adjournment
Council Members Garren, Bradshaw. Wolosyn, Grazulis, Bums
None
Council Members Nabholz, Yurchick
The meeting adjourned al 8 :22 p.m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, AUGUST 20, 2001
7:30 P.M.
Englewo o d Civic Center
1000 Englewood Parkwa y
Englewood . CO 80110
Call to order. r;:t/(J ~
Invocation. ~
Pledge of Allegiance . ~
Minutes.
Minutes from the meeting of Regular City Council Meeting of August 6, 2001 /.u~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
7.
8 .
9.
a .
b.
Jack McGraw, Acting Regional Administrator of the Environmental Protection
Agency, will recognize the City of Englewood 's efforts in the area of Brownfiefds
Redevelopment.
Englewood resident Afan Lawson · present to address Council regarding
flooding and drainage in so nglewood. IJOr f>~r
a. .J"{).l.//<J) 1(.1/-"tf (l)A-1/t/J rA-Y Wl!J/f·J/-~ 1111t.1-ru:. -1.;;.7.t:IA,,f.lJf).}T R~ U nscheduled Vi~itOJ~1 (Please limit your E?~esent<!!i2n to !tu· e 'iinutes.L
/;.,. ;::.uu; w1,-r,r,,01.1u-/A)~f,. / (!of!. Wt£./$ s ,~ / It u,A-1r£114 10 !J-1111
Communications, Proclamations, and Appointments .
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Public Hearing (None sc heduled ) »-
Please note: If you have a disability and need auxiliary aid1 or services, please notify the City of Englewood
(303·762·2405) at least 48 houn in advance of when services are needed. Thank you.
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En glewood Ci ty Council Agen cl.1
Aug ust 20, 2001
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2 f;{l;-{)Sl/>W 1(/U)~ /t£-lfl lo v-11ii f~h. 7J/£ (!{)l)~AJT A-6-F-AJ44
A,.hb_.1 5 ,0· ~~tli"' ~/0()..,/ IOtr/ 1ilMt1of/6-1/1~ IO~i '1/(RouqJ/ /Ot vi v-r I a. Approval of Ordinanc'e(on Fir st~ Rea dini
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i. COU CIL BILL N O . 54 -Recommendation from the Community
Development Department to adopt a bill for an ordinance accepting an
Enterprise Zone Marketing and Administration Grant from the Colorado
Department of Local Affairs. STAFF SOURCE: Darren Hollingsworth,
Business Development Specialist.
b . Approval of Ordinances on Second Read in g.
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ii.
iii .
iv .
V.
vi.
Council Bill No. 3 2, am ending Title 11 -1 of the Englewood Municipal Code
pertaining to Truck Traffic Control Devices.
Council Bill No. 47, approving a rate increase for the Dartmouth Avenue
Storm Sewer Project.
Council Bill No. 48, approving Re venue Bond s for th e Dartmouth Ave nu e
Storm Sewer Project .
Council Bill N o . 50, approving an agreement wi th th e Colorado D epartm ent
of Tran sportation to participate in the 1-25 So utheas t Co rridor Tr ansportation
Management Sys tem .
Council Bill No. 51 , approving an Intergovernmental Agreement with
Colorado State University for the cooperative resear c h project on land
application of sew age biosolids on dryla nd wheat.
Council Bill N o . 52, approving a contract with the Colorado Histori ca l
Soci ety for stabilization of the Thomas Skerritt House .
vii. Council Bill No. 53 , approving va cation of the right-of-way in the 2400 Sou th
f!:pog.;1r uJ ~cJ}$ o/r]s ibsrPoJJ£ ~1>11-I~ 10 ;. t1ii
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c. Res olutions and Motions.
ii.
Reco mm end ation from the Human Re so urces D epartment to adopt a
reso lution approving an amendment to th e Ci ty 's official holiday schedule .
STAFF SOURCE: Sue Eaton, Director of Human Resources.
Recommendation from the Department of Public Works to approve, by
.!!!.Qllilll..a contract to upgrade the Malley Senior Recreation Center HVAC
Sys tem . Staff recommend s awarding the bid to the only te ch nicall y
acceptable bidder, Ameri ca n Mechanical Services (AMS ), in the amount of
$181 ,610 .00 . STAFF SOURCE: Jim Kavinsky, Operations Manager .
Pleue note: If you have a disability and need auxiliary aids or services, please notify the Caty of Englewood
(303-762·2405) at least 48 '-In advance of when services are needed. Thank you .
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[1 'ewood City Counci l Agenda
MU st 20, 2001
t Page 3
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iv.
V.
vi.
Recommendation from the Depar tment of Finance and Administrative
Services to adopt a resolution to tran sfer and app ropriate funds for the
Malley Senior Recreation Center HVAC U pgrade Project. STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services.
Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve. by motion. the purchase of two new
aluminum rear discharging bioso lids trailer s from Westquip/May Mfg. in the
amount of $139 ,286.00. STAFF SOURCE: Stewart H. Fonda, Utilities
Director and Jim Tallent, Operations Division Manager.
Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by .!!!Q1im1 the purchase of one new 5'h
wheel equipment trailer. Staff recommends awarding the bid to the lowest
technically acceptable bidder, Transwest Trailers , LLC , in the amount of
$42,145.00. STAFF SOURCE: Stewart H. Fonda, Utilities Director and Jim
Tallent, Operations Division Manager.
Recommendation from the Utilities Department to approve, bY..!!JQ.1i.Qn. the
purchase of water meters. Staff recommends awarding the bids to the low
bidders, Mountain States Pipe in the amount of $31,989.20 and Waterworks
Sales Co., in the amount of $5568 .80. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
11. Regular Agenda .
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO. 55 -Recommendation from the Englewood
Environmental Foundation to adopt a bill for an ordinance transferring th e
former City Hall property to the Englewood Environmental Foundation .
STAFF SOURCE: Rick Kahm, Capital Projects Manager and Robert
Simpson, Community Development Director.~
b . Approval of Ordinances on Second Reading .
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c. Resolutions and Motions.
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12. General Discussion .
a. Mayor's Choice .
b. Council Members' Choice.
Please note: If you have a disability and Med auxiliary aids or services, please notify the City al Englewood
(303-762-2405) at least 48 hows In advance of when services are needed. Thanli you.
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Englewood City Coun cil Age nd a
August 20, 2001
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13 . City Manager's Report.
14 . City Attorney's Report.
~di:>-Da. Settlement of the Linda Sandoval and Robert Sandoval, Sr. v. Englewoq~LPolice
Department, et al · Case No. OO-N-1885 . F0/1!!.. i//.;J..; 5tD. 00. ~
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Adjournmen~+-~aJ-~)fjU-1}~~-
The following minutes were transmitted to City Council between August 3 and 16, 2001 :
Englewood Non-Emergency Retirement Board meeting of May 8, 2001
Englewood Urban Renewal Authority meeting of May 9, 2001
Englewood Non-Emergency Retirement Board meeting of June 18, 2001
Englewood Public Library Board meeting of Jul y 10, 2001
Englewood Board of Adjustment and Appeals meeting of July 11 , 2001
Englewood Code Enforcement Advisory Committee meeting of July 18, 2001
Englewood Liquor Licensing Telephone Poll of July 18, 2001
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, AUGUST 20, 2001
7:30 P.M.
Englewood Civic Cen ter
1000 Eng lewood Parkwa y
Englewo od. CO 80110
1. Call to order. r;:L/{) ~
2. Invoca tion .
3 . Pledge of Allegiance. ~
4.
5. 1\1\inu te .
Minutes from the meeting of Regular City Council Meeting of A u gu st 6 , ~00 14)~
6. Scheduled isitors. (Please li mit y our prese ntation to ten minute s.)
7.
8.
9.
a. Jack I\ l cG raw. Ac ting Regional Administrator of th e En v ironmental Pro t ec tion
Agency. will reco gnize the City of Englewood 's efforts in the area of Brownfi elds
Red evelo pm ent.
b. En glewood res ident Alan Lawson \ · prese nt to address Council regarding
floodin g and d rain age in so nglew ood. vor l~r
U n sche duled ·i~i toJ ~/ l Please limit your gresent~ipn to f~-e 1])].Dl;)te s.)
(L .:Jf1ll k I) f(f/-, (. l)A,/)/ IJ r A-YU(.. IJ'--,i/ ~ Tifft HU~ -y:;f'1.,?. '7-C!A, fJ!E}.} T ,fEq.tE;;;.r
(;__ .kW.> W /r-q60AJU-IAJIESl)~_l (!/}/Z. W/Zi5 S/r /,At:,UJA..4-1r£11t /0 !J-11,i'
Co mmunication s. Proclamations. and Appointments .
ff
Public H eari ng ( one sch edu led ) »-
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303·i62·2405) at least 48 hours in advance of when services are needed. Thank you .
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Augus r _Q, 20 01
Page
2 ~AJ}S/fA-tv l?./i)().{)()!iJJ /t£.-)fl ID t...,vii f~IJC(Jlf:. {!{)/)~AJT A-6-F-AJJJA
5JJ· /JX~~ti" /()(}.,/ /{)(;-;. rftMaor-j 6-//t~ /O t-i '1!/Rt{lf?H Ji f l)/ lo/Jf-d a. App roval of Ordinan~eadini.
COUNCI L BILL NO. 54 -Recom m endation from the Communitv
Develo pmen t Departmen t to adopt a bill for an ordinance ac c ep ting an
Enterpri se Zone Market i n g and Administration Grant ·rom the Colorado
Depar t ment o i Loca l Affai rs. STAFF SOURCE: Darren Hollin g sworth ,
Business Development Specialist.
b. Approval of Ordi nances on Second Readin g.
i. Co u ncil Bill No. 32. ame nd i ng Ti t le 11 -1 of the Eng l wood ,\.luni cipal Code
pertaining to Truck Traffic Con t rol De, ices .
(JLJ)J t.J-5 ii. Cou ncil Bill No. 47, approv ing a ra te increa se for th e Dartmou t h Avenue
Sto rm Sewer Projec t .
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Storm Sewe r Project.
iv .
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Co u ncil Bill I o. 50, app roving an agreemen t wi th the Colorado Depart m en t
of Tra nspo rt ati o n to pa rti c ipa te in the 1-25 Sou theas t Corridor Transportation
Manage men t Sys te m .
V.
(Y)d-/1 L/S,,
Coun c il Bi ll , o. 5 1, ap p rovi ng an Intergove rnm en tal Ag reement w ith
C olorad o State U ni vers i ty fo r the coopera tive resea rch project o n land
applica tion o t se wage b iosol ids o n dry land wheat.
1J7dJf-J7 v i.
Council Bill , o. 52. app roving a co ntrac t wi t h the Colorado H istorica l
So cie t for stabiliza ti on of the Tho m as Skerri tt H o use .
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v ii . Council Bill ;-..,o. 53, approving vaca t io n of t he righ t-of-wav in t he 2 ~00 Sou t h
Block of Pe cos Stree t. Bf.kDSllA-uJ MOUUJ TD Po S1PoJJ £ Jl:-6~4)4 /T!:M 10 J.. t!ii
c. Resol utions and lotions.
ii.
Recommendation from t he H uma n Resources Depart men t to adop t a
resolution approving an amendment to the Ci tv 's official hol iday sched ule .
STAFF SOURCE: Sue Eaton , Director of Human Resources .
Reco m mend ,Hi o n from thP Dep;irtn,e, t of Publi c Works to ~pprove , b y
mot ion..a co ntract to upgrade the 1\1\allev Sen ior Recrea ti on Cen t er H VAC
Svs t em. Staff recommends award i ng the bid to t he only tech n ical lv
accep table bidder, American Mechanical Services (AMS ), i n t he amo unt of
5 181 ,610.00. STAFF SOURCE: Jim l<avinsky, Operations Manager .
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405 ) at least 48 houn in advance of when services are needed. Thank you .
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Englewood City Co uncil Agend,
Augus t 20, 2001
Page 3
iii . Recommendation from th e Department o f Finance and Admini st ra ti ve
Serv ic es to adop t a resolution to tran fer and approp ria t e fun ds for the
Malley Senior Recrea ti o n Center HVAC Upgrade Project. STAFF SOURCE:
frank Gryglewicz, Director of finance and Administrative Services.
iv . Re co mmendatio n from the Littleton Eng lewood Was t e\ ater Trea t ment Plant
Supervisorv Com mittee to approve. b motion, t he purchase o i t\, o n \\
aluminum rear d ischarging biosol id s trailers fr o m \,\ es t q ui p \ \a\ \ \i . 111 the
amount of 5 139 ,286.00. STAFF SOURCE: Stewart H. Fonda. Uti litie s
Director and Jim Tallent, Operations Division Manager.
v . Recommendation from t he Littl e ton ,Englewood \ as t e\, a ter Trea tm n t Plan t
Supervisory Co mmittee to appro e . bv !!lQ.lJ..Qr1 the p urcha se 0 1 o ne n \\ 5"
wheel equ ipment trailer . Staff reco mmends awarding the b id to th lo\, ,t
technicall y accep table bidder, Tra n s\ es t Trai ler s, LLC. in the moun t o i
S4:2 , 145.00. STAFF SOURCE: Stewart H. Fonda, U tilities Director and Jim
Tallent, Operations Division Manager.
vi. Recommendation from the ti li tie s Department to aopro\ e. b~. the
purchase of water meters. Staff reco mmend s a\,a rding the bids to th lo\,
bidders, Mountain States Pi pe 111 the amount o i • 3 1, 98 :20 and \ \ ;:i t erworks
Sales Co .. in the amount of 55568.80. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
11. Regular Agenda.
a. Approval of Ordinances o n Fir st Read in g.
b.
c.
i. CO , CIL BILL NO. 55 -Reco mmendation rom t he Eng lewood
Environmen t al Foundation to adopt a bill for an ord inance transterring th e
former Citv Hall propertv to the Englewood Env i ronmen tal Foundation .
STAFF SOURCE: Rick Kahm , Capital Projects Manager and Robert
Simpson, Community Development Director.(;t~
Appro al of Ordinances o n Second Reading .
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Resol ution s and Motions .
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1 :2 . General Discussion.
a. \avor's Choice.
b . Co uncil \ember s' Choice .
Please note: If you .... a cllallllly and Mecl amlay aidl or MMaS, please notify the City of Englewood
(J03-7oal) 1111111 • houn In adwMCe of we-MMaS an needed. Thank you.
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[nglewood Citv Co un c,I Agenda
Augu st 20, 200 1
Page -I
13. City Manager's Report.
14. City Attorney's Report.
~d:;-Da . Settlement of the Lind a Sandoval and Robert Sando val , Sr. v. Englewo99tPol ice
Department,etal -Case o .00-1 -1885 . f0/f!._ t/;,;.1 5t)).OO. ~
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Adjournmentc,. ~ {d ~}:XL-!}~~.
0~
The following minutes were transmitted to City Council between August 3 and 16 , 20 01:
Englewood Non-Emergency Retirement Board meeting of May 8, 2001
Englewood Urban Renewal Authority meeting of May 9, 2001
Englewood Non-Emergency Retirement Board meeting of June 18, 200 1
Englewood Public Library Board meeting of July 10 , 2001
Englewood Board of Adjustment and Appeals meeting of Jul y 11 , 2001
Englewood Code Enforcement Advisory Committee meetin g of Julv 18, 200 1
Englewood Liquor Licensing Telephone Poll of Jul y 18, 2001
Please note: If you have a diubility and need auxiliary aids or sen,ices, please notify the City of Englewood
(303·762-2405) at least 48 hours in advance of when services are needed. Thank you .
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UN8CHEDULED VISITORS
DATE: August 20, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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sEfT. 2'! £//E/'JT?Eo uEs T
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ENGLEWOOD CITY COt.:NCrL
ENGLEWOOD, A1UPAHOE COUNTY. COLORADO
Regul;ar Session
August 6. 2001
Sa
The regular meetmg of the Englewood Cit y Council was called to order by \lla yor Burns at 7:57 p.rn .
2. Invocation
The invocation was gi ven by Co un c il Member :-,/abholz .
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Burn s.
4 . Roll Call
Pre sent :
Absent :
A quorum wa s presen t.
Also present:
Minutes
Counci l Members :--1abhol z, G ra zuhs. Garrett. Brads ha". \\'o losyn .
Yurchick, Bums
None
City Manager Sears
Ciry Attorney Brotzman
City C lerk Elli s
Director Fonda. Utihues
Director Long, Library Services
Director Ro ss. Public Works
Director Gryglewicz, Finance and Admirnsrrauve Services
Patrol Operations Division Chief \lloore . Safe ty Services
(a ) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECO'."iDED, TO
APPROVE THE '.\1INUTES OF THE REG U LAR CITY COt.:NCIL '.\'IEETING OF JULY 16. 2001.
Ayes :
ays :
Abstain :
:vt ouon camed .
6. Scheduled Visitors
Council :vtembers :slabholz, Ga rr ett, Bradshaw, Wolosyn ,
Yurchick, Bums
:-Jone
Counctl Member Grazulis
(a) Ma yor Bums noted that Tim Sull1van , President o f 1he Englewood Emplo yees
Asso ,auon. was scheduled to speak. bur he had to cancel as 111s son 1s bemg honored as one of the most
valuable players on hi s T -b all 1earn.
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Englewood City C ouncil
August 6. 2001
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CO NC IL ~IE'.\'IBER YU RCHICK ;\·IOVED .. .\.'ID IT WA S SECO'.'iDED. TO APPRO\"E
AGE NDA ITEM 11 (a) (i) -COUNCIL BILL ~O. 36 . .\.'i D AGENDA ITD'I 11 (a) (ii) -COL"'.\CIL
BILL NO. 37. ON FIRST R£A.DI'.'iG AND TO SET A PL"BLI C HE . .\RING FOR SE PTEMBER-'·
2001.
Mayo r Bums exp lamed that the y are advancmg Ite ms 11 (a ) (1) and 11 (a ) (11) on the A genda .
Coun ci l Nkmber Yurc h1 ck explamed that A genda Item 11 (a) \l) 1, o un nl Bill :\o 36. a re co111menJa11on
from the Department of Safety Ser,ices to adopt a bill for an ordmance appro, mg 1111mendment 10 T11le 7.
C hapter IA of the Eng lewood Mun ici pa l Code pertammg to A111mal Control iss ue s and Agenda It em 11 t a )
(i 1) 1s Count:i l Bill No . 37. a recommenda11011 from the Department of afety en ,ces to adopt a bill for an
o rdinance approving an amendment to the Engle\\OOd :-.1um c 1pal Code penammg 10 the number of pets per
house ho ld a ll owed in the City of En g lewoo J .
11 (a) (1) COLNC IL B IL L ~O. 36. INTRODL ED 13Y O L")s I L :-.1 E:-.1BER Yt.:RC HI C K
A BILL FOR AN ORDINANCE AMENDING TIT L E . C HAPTER IA . OF THE E~GLE\\"OOD
MUNIC IPAL C ODE 2000. PERTAfNfNG TO DOGS AND CAT .
I I (a) (i i) COLTNCIL BILL NO. 37, INTRODLCED BY COL")sC IL ME:-.-IBER YLRC HI K
A BILL FOR A ORDP.\ANCE A MENDING T ITLE 7. C HAPTER IA. O F TH E E'.\'GLE\VOOD
Ml.'NI C IPAL CODE 2000. PERTAINII\'G TO THE :s,i.;:,.mER OF A:"i l:-.!A L :-.!A!NTANED AT A
HOUSEHOLD O R PREMISES .
Vote results:
Motion carried.
Ayes :
Nays:
Counci l :vtembers N abho lz. Garre n. 13rads ha w. WoloS)11.
Yurchick. G razulis, Bums
None
Council '.\!ember G razuh sa,J s he th ought Council hould explain to the public ,,hat the y are domg anJ
why.
Council :-.-!ember Bradsha, no ted that some of the c 111zens have come to this mee11ng to d iscuss a nimals .
happen tO be an animal owner. she said. a nd I also have so me issues wi th thi s . \1 s . Bradshaw ex plamed
that" ha t o un ti 1s trymg to do 1s to pass the two council bills on firs t readmg a nd then prov ide an
o pporrumry for people to s peak o n the record at a p u blic hearing . he sta ted th a t o n gi nall y these were no t
set fo r a pubh hearing . The reason we moved these two items forwa rd on the Agenda. she said. is so you
would not have to s u here all ni g ht and. secondly, to set the public heanng for September 4•h, at which ume
yo u ca n·s peak to o un c 1l. o n the record, about the potential pet ordinances . :-.1 s . 13rad sha w pointed o ut tha1
that does not preclude a nyo ne fro m speaking to ni ght as un scheduled v1s11ors .
:vta yor Bums no te d that th ere are two people signed up to speak o n tl11 s issue under unschedu led ns11ors . I f
an )one el e ,,o uld like 10 s peak on that same s ubject. under unscheduled ns 11o rs, they c an also speak even
if the y haven 't s igned up. Eve ry lime we meet in regular session. he said, we give everyone an o ppo rtunity
to s peak o n a n y issues under unscheduled v isitors .
i . Unsc heduled Visitors
(a) Cliff Young. ice President o f the Englewood Hmo n cJ ! oc1 ety. said that. we. J the
board of the Historical Society. endorse the expenditure o f the C11y and tate money to sta biliz e the Tom
S kemn properry. As c ustodians of Englewood lu story, he said. we , 1ew tlus a~ a prudent and desirable
action . He a sked if there were a ny quesuons . T h ere were none. Ma yo r Bums thanked Mr. Y oung .
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(b) Do n Do herty. 12 0 ', Wes 1 Pnnce 1on A venue. s aid he \\Ould J us 1 like 10 say some 1hing
abo ut \\ ha1 happened arurday 111 g ht. Aug ust 4 'h. I was asleep. he s aid. I fe ll as leep o n m~ red mer" h1le I
wa s watching a movie and a kn ock o n my door woke me up . I went 10 the fro nt doo r. "h1 ch 1s my sto rm
door and it was locked. There were a bun c h of fl ashh gh.ts in mv face and they anno un ced 1hem selve; as 1he
Eng lewood Po li ce Department and asked if I would please open the door I opened the d oo r. ame o ut an d
I had probably taken one tep do wn. he said. when I was grabbed. thro wn down o n the floo r face do" n.
handcuffed. a ll of my s tu ff was taken o ut ofmy pockets and I \\as not tol d \\hat wa ; goin g o n I J,d
Joki n g ly tell th e cops that the y had the wrong man and fo r the fir s t lime mm h fe that "a wr~ tru e n,ey
needed to knock next door. he sa ,d. because I ha\'e so m e elements ne ~t doo r to me .-\lier a It'\\ mm u 1,, I
was brough t up on my feet and pu t on th e g rass ou1s1de my hou se . A \\llnes s . that ,eemed 10 be 1he 1mn
who se accusa1ions bro uglu the cops to m y house. !old the cops It \\as n ·t me . Il e kr1e\\ m) lace and he
knew l lived 1here and all 1ha 1 and at 1ha1 pomt 1he po lice proceeded 10 knock ne" door Al tha t po11 11 1he
yo un g man came out and he wa s handcuffed . '.\1 y purpose here 10 111gh1, . l don t kn,rn . I Ju,1 frlt I needed
10 be here. he said. and say some1hmg and the o pporrun11 y arose I ha, e no m alice J g ams 1 1he poi,ee
depa rtme n 1. l unders tand !he s ituation . Procedure wa s done. yes l "o u ld hJ\e li ked to ,ee proced ur e done
o n th e real dude tha1 was s uppo ed 10 have been 1here ... he di d n 't g e11hro \\n do \\n on 1he lloor. He ,s 1he
1ype of e lement 1ha1 knows to pul hi s hands belund hi s hea d. I apprec1J1e th a1 J Sergea111 d1J come b) IJ !er
on and talk lo me, he apo logized and a ll tha1 and l ac cep1ed II and I s ttll d o . I ha d no prob le m " uh 1ha1. I
know we have something go in g on here 111 En g le"ood . l lu ,e !:ngl e" od. h e sa ,d. l ha ,e li,ed here a
number of years and l have ne ver ha d a prob lem " u h 1he la " You hJ, e had n pro b km "uh me. you
pro bably don't even know who l am and l ho pe 11 IJ)S 1hat ""Y· bu 1 I 1u,t reh 1h 1s needed to be brough1
up l live 111 the solutio n. he sai d , I us ed to be the problem
'.\·l,1yo r Bums 1hanked \'fr Dohc l1 ) fo r ~o nung l k ,, ~ed 1ha1 !'11) \t anager "ears lonk 111 10 1lm and <et· "hat happened.
o unctl Member Brads haw advised Mr. Dohert y tha11hey \\ere go in g 10 look 1111 0 11.
(c) Kirs tin G raz u!t s. 4 4 9 ou1h Lm ·oln treet , ad,, ed that he \\JS here abo ut the le as h
law. In o me ways l agree a n d in o th er "ays I do n·,. she sa,d l ll\·e acro ss !he srreet fr o m a park and I
\\ould like 10 train my dog o ff-lea h . She sh01,ed C oun ti some of the n bbon she ha s \\On . T he nbbon;
are fo r what l have been doing wi1h my dog off-leas h, obedience. she said. ,\l s . G razuli a11.I that ,f
Co u11c1I would 1101 mind s he would like to bnng her dog 111 for a demo nstra11on.
\la)or Bums exp lamed 1ha1 Council has scheduled a public heartng Junng the fir s t ,,ee k of ',•p1ember a nd
1ha1 Council doesn't usually ha ve demonstrallons d urtn g tlu s pan of the meet mg and 111 fa c t th e li me 1s
l11ru1ed. If someo ne would like to do a demons1rallon. he said. ,,e an 1alk about hav111 g 11a11he lime o f 1he
p ublic heanng . He no1ed that "hen you speak 10 111 gh 1 It 1s not part of a pub! 1c hearing o n 1he leas h law, 11 1
JU SI an o ppo rtunity to sa y som e 1!11ng. Bui the firs 1 meeting in Sept ember will be an offic ial public hearmg
o n 1he leash law itself so that would be the lime 10 propose some 1h111 g like tha 1 .\l s . G ra z uh ;, ai d o ka y
\llayor Bums th anked her.
(d) John Grazuhs. 44 9 South Lmcoln S1ree1 . sa id he J USI wanted 10 come 1h1 s evenmg and
tale a coup,e ot' opm1o ns abou11he proposed leg1 s la 11 on . As m y da ughter ,o wei l d es cnbeo. he ,a,d. she
spends a lo t or ti m e and a lot of effon rrauu ng her dog as a n obedience dog and 1t 1s a lso a show dog . One
o f th e things we take a !0 1 o f pnde m 1s 1he fact that 1he dog 1s able to be trained to do so me "ery. very
s pecific thin gs and 1hose specific thm gs need robe done w nhout th e encumbrance ofa leas h . at least while
the y are bemg trained. 11 1s amazing 10 me . he said, 1hat some peo ple have s p o iled It for e veryone by letung
thei r dogs roam or ma y be walking down a street or busy mtersec u o n "Hh a dog off a leash. l agree iliat
1here may be some requirement, for the animal 's own protection, to be restrained al 1hat ro,111111 time .
There are a lot of very irresponsible pet owners , he said. I think we have all seen that . There are a lso some
ve ry irresponsible parents and I think we have all seen that. I am j us1 concerned that \\e are 1rym g to
legislate something here that maybe we shouldn't be legislating. May be 111s okay to have an ordinanc e thai
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says yo u need to have an animal constrained or nor put in a position of danger or put anyo ne else m danger.
But I think the same thing could be said of children. he said. and I am not so sure we want to get on that
ve ry fine line of legislating behavior. One of the things I was ho pin g we co uld discuss. or maybe sugges t
to the Mayor and Council this evening. was to be very, very careful how we word these kinds ofthmgs.
because o nce we pass le gislation it is ,·ery. very hard to change it. 1 just wanted to take this opporrunny to
suggest that maybe we could reach some sort of a compronuse proposal. l thmk all towns ha,·e some so rt
ofa leash law that says you can 't be running in traffic with your dog. but I j ust reall y think we are going a
bit overboard when we can 't ha ve a dog in a park to ha,·e children pla y wnh them and that kind ofthmg .
Again. Mr. Grazulis said. we have an opportunity at the publi c hearin g to have a demonstration ofan
obedience dog and I would appreciate that opportunity and look forward to prese nting our case a link btt
further. Mayor Bums thanked '.\fr. Grazulis .
(e) Jud y Wallace, 530 East Amherst Avenue , sta ted she came tonight to speak in fan>r ofa
leash law, that she understands th ere will be a public hearing and she intend s to be there. 1 understand the
co ncerns of Mr. G ra zulis and his daughter, she satd . 1 have had my dog anacked in a park by dogs off leash
so that is where my passion comes from, s he said. and I wi ll appreciate the opportunity to co me to that
hearing . Mayor Bums thanked Ms . Wallace .
(t) David Anderson . 327 West Princeton Avenue . said he came to the meeting tonight to as k
that Co uncil not be 1mposmg laws and amendments to codes that don ·1 rea ll y need 11 . 1 am afraid that some
of this amending that you want to do is not ne cessary, he sa id . and I j us t reall y. reall y. wanted to make sure
II is understood that a lot ofus think things work well the way the y are and the y don·t reall y need to be
addressed so stri ngentl y. '.\fa yor Bums thanked Mr. Anderson .
(g) teve Hoelter. -t460 South Elati Street. stated his issue is traffic and he ha s three i sue s .
know we have the trash trucks restricted to two da ys a week. he said, but the gr a,·el trucks go mg from the
recycler are constantl y going up and down Oxford and up and down Broadway . 1 watched a tru ck to111ght
at approximately 3:30 or -1 :00 this afternoon. he said, and it belongs to the people that are renovat1n g
Englewood High School. and It 1s a long senu-tractor trailer and he did -t 5 nules an hour all the way up
Oxford and he ran the light going east at Oxford and Broadway. He was going so fast through that
intersection that he was geni ng air underneath the back tires of the trailer it was bouncing so much . That 1
primarily the issue . \Ve s eem to have a lot of these gravel trucks th at want to use O ford and Broadwa y as
their main thoroughfare all the time and the y arc JUSt cutung through . Mr. Hoelter opined thi s 1s a ,·ery bi g
hazard . 1 think there are more of them then there are trash trucks. he sa id. and the y are peeding a lo t. The
other issue ts the radar trap that I constantl y see .Just north of Dartmouth on anta Fe . on the \\est s ide o f
the street , on the sou thbound lane . We don·t have any schools down there . we don't have an y churche s
do"n there . No . he said . 1 didn 't get a ticket recentl y, but they are cons tantl y down there . 1 li \'e dose r to
Broadwa y and Tufts and the y a re constantl y running red li ghts there . When I was a kid m th1 town and
got my driver· s license at 16 or 17. 1 could hardl y even start my hot rod in this t0\\1l "tthout the man
busting m y chops over 11 . You go up here now. and on Friday and Saturday ni ghts people are going ~5 and
5 • nule s an hour. up and down Broadway, running the lights and it 1s really bad . '.\1r . Hoelter noted tho se
are the three issues that he wanted to bring up . He thanked Counc il for their ume .
Yla yo r Bums thanked '.',,Ir. Hoelter. He agreed that tho se are important issues . \Ve are doing a
1rans portat1on and tratiic sruay at the moment and we also have more otticers on motorc ycles. he said. so I
think some of our enforcement has actually gonen a linle bener. Those are constant issues in this Ci ty, he
said. and I appreciate you bringing them to o ur anention once again .
\lfa yo r Bums advised the fo lks intere ted m the lea sh law that the Publi c Hearing set fo r Sep tember did not
have to be legally set. We are do in g that 10 give a voic e to the people who want to come and s peak to thts
issue in an official sening, he said. and we appre tate the fact that some of yo u have sa id you wo uld like to
come back and speak at that Publi c Hearing .
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8. Communi cation s. Proclamation s and Appointment s
(a) :\ proc!J ma 11o n ck c bnng 1he "ee k o f Au g us1 19 ihrough 25. 200 1 as Heal 1h Ce n1er
We ek \\J S con,iJe red
COi ''.'-C II. ;\IDIBER BR.AD H,\ \\' ;\IOVED. A~D IT WA S SECONDED. TO APPRO\'E A
PRO LA)I . .\TIO'.'o DE C LARl'.'-G THE WEEK Of AL'Gt;ST 19 THROVGH 25. 2001 AS HEALTH
CE'.'-TER \\ EEK .
Ayes.
\1 011un c,rn 1ed
o unc1! \!embers :--:ab hol z. Garre ll , Bradshaw. \\'o lo y11 .
Yurc h1 ck. G ra zu li s. Bum s
;\one
\I J )O r Burns pre,eni ed th e pro lamauon tO David S. \lyers. Exe uu,·e Dll'ec 1o r o f \letro C o mmu nu y
Pro, 1de 1 'en,ork
\I r \l )ers exp) med tha1 '.\I C PN. \l e1ro Co mmu111 1y Pro vider :-S etwo rk. s1a rt cd prondtng se rv ices to 1he
Cny o f Engle"ood about 1hree o r fo ur yea rs ago . \\'e are pl eased to co n11n ue prov idmg services and
loo km g al the ex pansio n o f seC\ ices fo r those who ha ,e d1ffi c uhy acc e ss mg heal thca re. he a,d . and all of
our medical CC\, es are o ffered o n a shclm g lee d is o un1. \\'e 1hank yo u fo r r ro cl anrnn g the wee k o f
Au gust 19th as ll ea lth enter \\'e ek. he sa,d
9 . Public Hearing
No publ ic hcan ng \\·as, hed uled belo1e Cuun,·,1
10 . Consent Agend:a
COUNCIL ;\IDIRER GARRETT '.\10\'EL>. A.-.D IT WAS SECONDED. TO APPRO\'E
CONSENT AGE'.'iDA ITDI 10 (a ) (i) THROl'GH (iii). 10 (b) (i) THROt'GH (x). A~D 10 (c) (i ).
(a) Ap pro ,·al o f O rdma nce s o n First Rea d ing
(1) OC~C IL B ILL NO . 32, 1:S:T RO DCCE D BY COL~ IL :VIE\-IB ER
GA RR ETI
A BILL FO R A:,./ O RDl~A:S: E A\-I E:-.:Dl~G T ITLE 11. C HAPTE R 1. SE T IO :S 1. L'B ECT IO N B.
PA RA G RAPH 10 .5. OF T HE E~G LEWOO D MLlN IC IPAL CODE 2000. R ELA T l~G TO T RL' K
TRA FFIC CO NT ROL D EV I ES .
\1i) COL. 'CIL BILL :SO . 50 . INT RO DUC ED BY OL:-'C IL \IE\,IBE R
GA RRETI
A BILL FO R AN U ROl:\:\i\CI:: AI.J I HUKIZ l!\u A:\ 1., 11::RuU\ l::R:\\11:::\ I A L A\.JRl::1::.\111:::si I
BETWEEN THE COLORADO DEPARTME NT OF TRA:-.:SPORTAT IO!': (C OOT ) AND T H E CIT Y O F
ENGLEWOOD DOC UMENTING THE ARRA NGE:VIE NT AN D RE SPONS IBILI T IE O F T HE C IT Y
OF ENGLEWOOD AND C OOT FOR THE 1-25 SOU THE AST CO RRJD O R O LO R.A.00
TRA N SPORT A TIO MANAGEME. T SYSTEM (CTM S ).
(i n ) COL!. 'C IL BILL , 0 . 51. INTRODL'CED BY COCNCIL :VIEMBER
GARRETT
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A BILL FOR A:-.1 ORDf:\!ANCE APPROVING A:S: INTERGO ERNME:S:TAL AGREE:VIDiT WITH
COLORADO ST ATE UN IVE RSITY (CSU) FOR THE COOPER.-\ TIVE RESEARCH PROJECT 0:S:
LAND APPLICAT IO N OF SEWAGE BIOSOLIDS ON DRYLA:-.ID \VHEA T.
(b) Approval of Ordinances on Second Reading
(i) ORDfNANCE NO . 34. SERIES OF 2001 (C OL:-.:C IL BILL :-.10 . 33.
INTRODUCED BY COUNC IL MEMBER GARRETT )
A. ORDI At CE APPROVfNG AN INTERGOVER.t'f:VIE:,./TAL AGREEME:S:T BET\\'EE:-S: T HE
AR.A.PAHOE COUNTY BOARD OF COMM IS SIO NERS BY A'.\fD THR OUGH THE AR.-\PAH E
COUNTY CLE RK AND RE CORDE R AND THE CITY OF DIGLEWOOD TO CON DL:CT A
COORD INATED ELECTIO . ON :-.IOVE:VIBER 6, 200 1.
(ii) ORDl'JANCE NO . 35 . ERIES OF 2001 ( Ou:-iC IL BILL :-.:o :; .
I. TROD CED BY COUNC IL MEMBER GARREH)
AN ORDfNANCE SUBMITTING TO A VOTE OF THE REGISTERED ELE TORS OF THE CITY OF
ENGLEWOOD AT THE , EXT SCHED ULED M 'N ICIPAL ELECTION A BALLOT IS UE
AUTHORIZI G THE ISS UANCE OF GENER.A.L OB LI GATION DO:-.IDS A:,.;D THE LEVY OF
PROPERTY TAXES TO PAY SUCH BONDS : SETTING THE TITLE A'iD co;-.;TE:-S:T OF THE
BALLOT FOR THE ELECTION : AND PROVIDlc'\G OT HER MA TIERS RELA TISG THERETO
(iii) ORD[NANCE NO . 36 . SERIES OF 2001 rcm;;-.;c 1L BILL '10. 39.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDfNANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTO RS OF THE CITY OF
ENGLEWOOD AT THE NEXT SCHEDULED MUN ICIPAL ELE CTIO , A PROPOSED
AMENDMENT TO ARTICLE X. PART Ill. SE CTION 104. OF THE E:--IGLEWOOD HOME RULE
CHARTER .
(iv) ORDINANCE . 0 . 37 , SERIE S OF 2001 (COt;:-S:CIL BILL NO . 40.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINA 'CE SUBMITTI:slG TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD AT THE NEXT SC HED t;LED ML'NICIPAL ELE CTION A PROPOSED
A:v!E:--IDMENT TO ARTICLE Vt. SECTIO 1 46. OF THE E:S:GLEWOOD HO:vtE RULE CHARTER .
(v) ORDlNA:'\'CE :-.10 . 38, SER1ES OF 200 1 (C OL~C IL BILL , 0 . 41.
INT RODUCED BY COUNC IL MEMBER GARRETT)
AN ORDINANCE SL'B'.\IITTl"1G TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY O F
E. GLEWOOD AT THE '.',/EXT SCHEDULED .'v!UNI CIP AL ELECTIO , A PROPOSED
AMENDME:>JT TO ARTICLE VJ. SECT IO N 47, OF THE E'IGLEWOOD HO:VIE RULE CHARTER .
(vi) ORDINANCE NO . 39, SER1ES OF 2001 (CO 'CIL BILL '.\/0 . 42 .
INTROD UCE D BY COUNCIL MEMBER GARRETT)
AN ORDl'JANCE SC DMITTl'JG TO A VOTE OF THE REGISTERED ELE TO RS OF THE CITY OF
ENGLEWOOD AT THE :-.IEXT SCHEDULED Mli NICIP AL ELECTION A PROPOSED
AME:>JDME , T TO ART ICLE IV, SECTION 34 . OF THE ENGLEWOOD HOME Rl LE HART ER.
(vii ) ORDINANCE NO. 40. SE R1 ES OF 2001 (COUNC IL DIL L NO . 43.
I. TRODUCED BY COUNC IL MEMBER GA RR ETT)
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Englewood C it y Co uncil
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A.'-1 ORD l .-\N CE S BMlTIING TO A VOTE OF THE REG ISTERED ELECTORS OF THE C ITY OF
ENGLEWOOD AT THE NEXT SCHEDULED :V!l;~IC IP AL ELEC TIO. A PROPOSED
.-\ME NDMENT TO ARTICLE V. SECTION 4 I. OF THE ENGLEWOOD HOME RU LE C HAR TER .
(, 111 1 O RDIN.-\, C E NO . 41 . SERJES OF 200 1 (COL>-"C IL BILL :S:O . 44.
1;s;TROD 'CED BY COL":S: IL M E\\BER GARRETT)
AN ORDl1'AN ES 'B:\IITIING TO A VOTE OF THE REG ISTERED ELE CTO RS OF THE C ITY OF
ENGLEWOOD AT THE NEXT SCHEDULED :-.tL"N I IP AL ELECTI0'-1 A PROPOSED
AMENDME'-ITTO ART ICLE X, PART IV. SECTION 11 3, OF THE E'.'/GLEWOOD 1-1 0 1\IE RU LE
C HARTER.
(1x) ORD I, ANCE NO . 42. SERJES OF 200 1 (COL.:.' IL B ILL :S:0 . -I ·.
INTRODUCED BY COL').; IL 1'1EMBER GARRETI)
A N ORD INANCE SL13~11 n ·1NG TO A VOTE OF THE REG ISTERED ELECTOR OF rH E C IT Y OF
E'.'JG LEWOOD r\T THE :\EXT SC HED ULED \l U:SI C IPA L ELE ·10 :-,. r\ PR OP 'ED
AMENDMENT TO ARTI C LE X. PART IV , SECT!O;s 116. OF r ll E 1:N LE\\'OOD 11 \I E RULE
C HARTER.
(x) ORD l'.'J A;s;CE ;-.;o. -1 3 •. ERI E OF 200 1 tCOL . IL BILL'--1 6.
INTRODUCED BY COU C !L MEMBER GARRETI)
AN ORDINANCE APPROV ING A'-ID AUTHORl71N THE FXF I T IOS.: (JI, \,
INTE RGOVERNME:-ITAL SUBGRANTEE AGREEME;s.'T BET\\'EE;s.' Tlfl: ARAPAHO E BOAR D O F
C O TY COMMISS IONERS A'-ID THE C ITY O F ENG LEWOOD
(c) Re soluuons and Mouons
(i) P URC HA SE OF O:S:E RE UE \'E HI C LE FO R THE FIRE Dl\'IS ION FR0:-.1
\1cCO Y MILL ER IN THE AMOUNT OF S 5,250.00
Vote results:
Ayes :
Nays:
Mo1ion c amed.
Council Members Nabholz. Garren. Brads haw . Wolosyn.
Yurch1ck . Grazul1 s. Bums
None
I I. Regular Agenda
(a) Approval of Ordmances on F 1rs1 Reading
(i) This item was moved forward . See page 2.
(ii) This item was moved forward . See page 2.
(iii) Director Fonda presented a recornmendauon from the Cnlities Depanment to
adopt a bill for an ordinance approving Revenue Bonds for the Danmouth Avenue Storm Se wer Pro1ec1.
We have discussed this in Study Session, he said. The bonds, along with Agenda Item 11 (a) (1v) "h1c h 1s
an mcrcase in the rates to carry the bonds, will rcconsrruct the ~torrn sewer on Danmouth . whi c h ,sin fa irl y
unmmcnt danger of collapse . Mr. Fonda stated that the bond would be m the amount ors 1.675.000.00 and
there would be about a $200,000.00 reserve. We will also be doing a lot of paving and other m11!111 g work
that 1s mcluded in lhe project, he said.
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Englewood City Council
August 6. 200 I
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Council Member Bradshaw asked 1fwe would be upgradmg all the uuliues. so we don 't have to tear that
back up agam. She a sked if there "a anything el e "e needed to do on that street . Director Fonda said
not on Danmouth. So. M s. Bradshaw said. \\e don 't need 10 worry about digging that up again . \Ir. Fonda
said no.
Dire ctor Fonda asked if there were any other que uon .
Mayor Burns noted Council has discussed 1!11 s dunng Study ess,on in so me length .
City Manager Sears commented that he thought Director Fonda had co ,·ered all of the issues . but that he
thought it was imponant to note that the construction is go ing to be dunng the eve ning hours or dunng the
night. Director Fonda said yes and that he thought the y would keep one lane open .
City Manager Sears said that we don ·t anticipate it affecting any of the residen11al rnmmun ny m that area.
because it is along the commercial route. Counci l Member Brads haw sa id becau e 111s I.JOO through the
2400 blocks of West Danmouth .
Council Member Bradshaw said the other thing ts that thi s would result in an increase ofS9. 6 per
residence per year. Director Fonda said yes , that is a little higher than he had mentioned before. but \\·hen
all the costs came in and they were a little higher, we had to ac co unt for the bond reser,e . o. :Vis .
Bradshaw said. it will be around SI 0 .00 per residence per ye ar.
:Vlayor Burns asked how that compares with other communities . Director Fonda advised that the y ha ve
looked at several of them . In Boulder it is approximately $60.00 a year, he said , ancl in Oe nver 11 look s lik e
It is close to $60.00 a year for a residence with 4,000 square feet , although they have quite a complicated
formula. Aurora appears to be about $72.00 a year. the City of Golden is S36 .00 and Westminster 1s
S 18 .00 . so they would be close to us. He pointed out that a lot of communities don 't have them, because
they are funded by the General Fund.
Ma yo r Burns commented that it is a pretty good bargain.
Council Member Bradshaw asked if Cinderella City had picked up a large chunk of our storn1 sewer
projects . Director Fonda said yes. that as far as he has been able to ascenain there was a quaner of a cent
sales tax budgeted for building storm sewers. There were some compromises, he said. but I think the y ha ve
covered the City for the two-year storms, although we get flooding when it goes higher than that. dunng
more intense events. But. he noted , they spread the quaner of a cent and built a very good system . In this
case, though. the corrugated metal pipe in some of the areas has deteriorated. although some of 11 ha s held
very well . The reason for the detenorauon over here is probabl y that the drainage has acid in II from
la ndfills and so forth and II eats a\Va y at the pipe . so we will be replacing it with reinforced concrete .
Coun cil Member :-labholz asked abo ut the lifespan of tlu s co ncrete . Director Fo nda stated that he th o ught
the co ncrete should last a minimum of 50 years. He noted this could have lasted much longer too. but the y
hadn ·1 counted on the leachate that was corrung out of the ground and getting into the storm drainage .
COUNCIL MEMBER BRADSHAW ~10VED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 48.
COUNC IL BILL NO. 48 , INTRODUCED BY cot.;NCIL MEMBER BRADSHA \V
A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY A:--'D
THROUG H ITS STORM WATER ENTERPRISE , AUTHORIZ!c'JG THE ISS UANCE OF STOR~I
WATER ENTERPRJSE REVENUE BONDS. SERIES 200 I , FOR THE PL'RPOSE OF Fl A:--'Cl:"IG
CAPITAL IMPROVEMENTS FOR USE IN ITS STORM WATER ENTERPRISE ; PRESCRIBI\IG TH E
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Englewood City Council
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FOR.J\1 OF THE 8 0 '.\1) . PRO \'IDl:-:G FO R THE PAYYIE:siT OF THE BO:'\DS FROM THE
OPERA TIO:,./ OF THE TO R.\! \\'ATER Y TE M: AND PR O\l!DISG OTHER DETAILS A:'\D
APPRO Vl:-S G DO D IE;s;T I); CO '.\>iECTIO;s; WITH THE Bm-ms.
Vote results:
Ylot1on earned.
yes.
:-Say s:
Co un cil ;\!embers :'\abholz. Garren. Bradsha". \\'olo s~11.
Yurcluck . Gra zu!ts . Burns
;,;one
(I\') Ma yor Burns ad,·ised that thi s item is the rate increase th ey just talked abou1.
Director Fonda pr ese me d a recommendation fro m the Utilitie s Department to adopt a bill fo r an ordinan ce
app ronng a rate incre ase for the Danmouth A,·enue Storm Sewe r Projecl. He ad,·ised !111 s "oul d brin g the
rates up to $16.66 a yea r for a re side nt and th ere is a num be r per sq uare foot of 1mpe rv1 ous area. S0.0055 -l
per square foo t per co rruner cial enterprises .
COUNCIL ME:\IBER BRADSHAW :\'IOVED. A..'iD IT WAS SECONDED. TO APPRO\'E
AGENDA ITE:\I 11 (a) (h·) -COUNCIL Bl.LL NO. 47.
COL':siC IL BILL NO . -1 7, rNTRODUCED BY COL.:1 'CIL M '.\1!3 ER BRAD II A \\'
A BILL FOR AN ORDINANCE APPROVIJ',:G A RAT E 1"7' REA ET T II E T O R.\1\\'AT ER FL'"'.\D
FOR THE DARTMOUTH AVENUE STOR.J\1 SEWER PR OJ E T.
\I ote results:
Mo ti on carried.
Ayes:
Nays :
Council Members :--'abhol z. arren . 13radshaw . \Volosyn .
Yurchtck. Grazu lt s. Bum s
None
(v) Director Lon g pre sented a re ommen da11o n from th e Library Depanmem IO
adopt a bill for an ordinance approving a comract wnh the Colo rado Hi storica l Soc iety for th e stab1li za 1t on
of the Thomas Skemtt House . He advi se d that m 1999 the Cu y purcha ed the Thomas Skemtt House and
shortl y thereafter tl was added to the City's htstonc propemes list. He noted that tha t same year we se ured
a gram for S 10,000 .00 to do a historic srrucrure · s assess men1. Mr. Long pomted out that one of the thin gs
that was determined was that the property is hi storic all y s,gn ifi cam. but the hou se ,s not nece ss aril y
architecturall y signifi cant . The significance is that u bel onged to Thomas Skerritt. he said . We also asked
for a seco nd grant to stabilize the property to keep it from fall ing down and to repair the exterior of the
propeny. \Ve have received that gram from the Co lorado Hi stori cal Societ y, he sai d. and the contrac t
before Council would authori ze us to proceed with that.
In response to Co uncil Ylember Bradshaw, Dtre ctor Lo ng ex plamed that th e property and the hou se ha s
sigmficance only m the fact that it belon ged 10 Thoma s Ske m11 . th ere ,s no arch11e crural s1gntfi an e to 11 .
Thc:rt" i!, nu uni: ::tl'yic:, hi.= !,a1U 1 lhc:r~ is a l.:O mbmauun of ~tyic:s.
Mayor Burns noted that this ,s to funher stabilize the propeny. Dire ctor Long sa id yes , t1 1s to 1ab1hze t1
and to remove the lead based paint and any other ex terior ha zardou s materials. 10 re pla ce the porch. to pam1
the exterior, to replace the roof and to repla ce the founda11on . He emphasized that ti docs not add re ss any
interior modifications , that 1ha1 ,s down th e road and more mone y will be needed.
Mayor Bums noted that Co un cil ha s discussed 1h1 s befo re at Stud y SeSSto n .
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Englewood City Council
August 6. 2001
Page 10
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COUNCIL I\IEMBER GR.\ZULIS :\IOYED. A~D IT WAS SECONDED. TO APPROVE AGE~DA
ITDI 11 (a) (v) -COU~CIL BILL NO. 52.
COL; 'C IL BILL NO . 52. INTROD UCE D BY COUNCIL MEMBER GRAZULIS
A DILL FOR A. ORDfNANCE APPROVfNG AN INTERGOVER.Y\1ENT AL GR.-\NT FO R THE
STABILIZATION OF THE THOMAS SKE RRJTT HOt;SE BETWEE N THE CO LOR.-\DO ST A TE
HISTORJCAL SOCIETY AND THE C ITY OF E'.':GLEWOOD .
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Nabholz, Garren. Bradshaw. \Volo yn.
Yurch1ck. Grazulis. Bums
None
(vi) Mayor Bums advised that thi s Agenda Item 1s a recommendauon from th e
Depanment of Public Works to adopt a bill for an ordinance appronng a vacation of the ngh1-of-\\a y 1111he
2400 bl ock of South Pecos Street.
Council Member Yurch1ck si:ued that he would be absiammg from 1h1s as he 1s persona ll y mvohed. He
noied tha1 this process starred . acrually. back m 1988 and we had two c uies sphmng 1he s1reet. Engle"ood
was the easy apphcat1on. he said. Denver had 26 o r 27 agencies that we had to go 1hrough 10 ge l 1ha1
vacated.
Ma yo r Bums commented that government does nor move with the speed of li ght.
Director Ross advised that the City Council approved a resolution way back on Oc1ober 6. I 997 to
authorize the vacation of the Pecos Street right-of-way . Staff has been working with the applicant to
resolve the required conditions and staffbeheves that the 199 7 conditions ha\'e been adequatel y addre ssed.
So. he said. staff recommends th.it Council approve the resolution to vacate th e wes t 30 feet ofngh1-of-\\a y
on Pecos Street. between Harvard A\'enue and Wes le y Avenue. He asked 1fCounc1J had any questions.
Mayor Bums commented that after four years of effon the y should probably pa ss tlu s quickly before
somebody thmks of another agenc y that needs to appro\'e 11.
COUNCIL MDIBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 53.
COUNCIL BILL NO. 53, I TRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDilsANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED l'N
THE 2400 BL OC K OF SOL;T H PE COS STREET BY THE C ITY OF E'.':GLEWOOD . COLORADO.
Vote results:
Motion carried .
(b )
Nays :
Abstam :
Cuum.:il :v it'n1Dcr s :\:abi1ui z. Garn.:n. i3rac.isimw . i.V"uiusyn.
Grazulis, Bums
None
Council Member Yurchick
Approval of Ordinances on Second Readin g
There were no additional ucms submined for approval on second reading . (Sec .-\gc nda Item 10 -Co nsent
Agenda.)
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Englewood City Council
August 6. 200 I
Page 11
(c) Resolutions and Ylotions
(i) Director Gryglewicz presented a reconunendation from the Depanment of
Finance and Administrati,·e Services to adopt a resolut1on to rransfe r and appropriate fund s for the
Ce ntenmal Ballpark Project and addi tional funds for the Centenmal Park propeny. He noted that Council
was given an update o n the progress of this project Jul y 16. 2001. He explained that tin s 1s a re sult of that
discussion. He stated that th e total amount bemg transferred to the Public Imp rovement Fund and
appropriated for th e proJect is $899.569 .00. He advised that S-1 69.000.00 ts coming from t he Conservau o n
Trust Fund and that"s co min g fro m Fund Balance S200.000.00. the horeline Stabilizauon Proje ct
$95 .000.00. the tenni s and basket ball coun renovati ons and that 1s S2-l.0 0 0 .00. Parks In fra stru cture Study 1s
$75 .000.00 and the CTF Continge ncy 1s S75.000 .00. T he Ge neral Fund 1s tra nsferring S-1 76.-1 78 .00 and .of
that 5363 .223 .00 is being tran sferred to the PIF for the proJect tt self and another S 113.~5 -.00 is gomg to
the C apttal Projects Fund fo r the acquisi ti on of the pro perty for co ts that \\eren ·t known at the ume ti wa
acquired. Also. th is appropriates S 10,000.00 from All Souls for their c omnbut1 o n and S55.000 .00 fr o m the
\1a >11e1t-.lcCorm1ck Foundati o n. The Ora labs Landscape Depostt 1s $2 .3-1 6.00. So that. he said. 1s the
entire transfer and appropriation fo r the projects.
Council :'vi ember Bradshaw as ked 1f we are then done. Director Gryg lew1 c.c said yes. but 111 Pha se 2 th e re
will be more .
:'vla yo r Bum noted thi s ts Phase I and then some additional fund s \\e ha,·e added to Pha se I . Direct or
Grygk" 1 z said ye s .
COl-~Cll '.\IDIBER BR.\DSHAW '.\IOVED, AND IT WAS SECO:'liDED. TO APPROVE
AGE:'liDA ITEM 11 M {i) -RESOL UTION NO. 6S. SERIES OF" 2001.
RESOL mo :-.:o . 65. SE RJ ES OF 200 1
A RE OLCTION FOR T H E APPRO PRJAT IO!\ Al'\D TRA:-; FER OFF ;-s;os FOR T H E
C E:--TE:S.1':IAL 13ALLPARK PROJECT.
\'ote resulti :
:vt o u on earned.
A yes :
:S.a ys :
Council :'vi embers :-.abholz. arrett. Bradsha". W o lo s yn.
Yurch1ck . Grazuli . Bums
None
(ii) Directo r Fonda prese nt ed a recommendauon from the L:11li11es Depanment to
approve. by motion. a contract with Lo we ll Co nstruction . In c., fo r the consrruc11o n of the Danmouth
A venue S torm Sewer Rehabilitation Project. in the a mount o f S 1.2-1 .0 5 8 .00. He stated the y re co mmend
that Council approve the contract and he wo uld be glad to answer an y quesuons.
Mayor Bums noted this is the same project the y talked about when Director Fonda addressed o unc1 l
earner m the meeung.
COUNCIL MEMBER BRADSHAW MOVED, Al'1D IT WAS SECONDED. TO APPRO\'E
AGENDA ITEM 11 (c) (Ii) -A CONTRACT WITH LOWELL CONSTRUCTION, INC.. FOR THE
CONSTRUCTION OF THE DARTMOUTH AVENUE STORM SEWER REHABILITATION
PROJECT, IN THE AMOUNT OF Sl,248,0S8.00.
Motion carried.
A yes : Council Members Nabholz. Ga rrett, Bradshaw. Wolosyn ,
Yurchick, Grazulis. Bums
Nays: None
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Englewood City Council
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(iii) Director Ross presented a re commenda11 on from th e Department of Public
Works to approve, by motion. a contract with Scott Contracting. In c .. for Con rete L'11 l1ty 2001 m the
amount ofS253 ,629.32 . He stated that the City advertised for bid and n July 26'h \\e o pened th ose bids.
Three bidders competed for this project and the low bidder was colt o ntra ctmg. In c . \\'e ha\'e ne,·er
worked with this fim1. he said, but we called and checked referen es on con ontractm g. In c . and \\C
received favorable comments and the price the y ga ,·e us \\aS \'ery favorable md eed. o 1f\\e enJoy a good
working relationship we will certainly rry to add more work to tlu program and take ad, antage of those
low pnces. Staff recommends. he said. that City Council appro\'e. b y mouon. the onrra ct. to the lo"
bidder. Sco tt Contracting, Inc . in the amount of $25 3.629 .32.
Council Member Grazulis asked what would happen if it was detem1rned that the y were not acce ptable
euher in their working relationship or their \\Ork . Director Ros ad, ised that at an y pomt 111 thi s pro1ect 1f
they are either not performing or nm performing to our standards we can terminate the rela11 onsl11p .
Council Member Bradshaw asked what we were goi ng to do wtth the money we saved . Direc tor Ross
explained that actually what we do every year is we rate the co ncrete 111 th e C iry . We are trymµ 10 do fo urs
and threes this year. because there was so much rated four concrete. we were not ge rtm g \'Cry fa r int o th~
threes . What this will allow us to do. he said. 1s to actually s tart gertmg to that other concrete m the C 11 y
that was not rated as high or 1s not as deteriorated . So it is a very good deal for us.
Co un 11 Member Yurch1ck asked. when they put the b id out . 1fthey identified \\hat lo ca 11 ons they wa nt
repaired or 1fthey JUSt give them kmd o fa general area . Dir ec tor Ro ss advi sed that we g ive them quan1111es
and on the larger loca11ons we will giv e them those loc a11on s. But the y unde rstand that II ts sc attered
througho ut the City, he said. and the nice thing abo ut Englewood 1s that we are talking seven square mile s.
so it 1s really not that mu ch of a diseconomy to them .
Co uncil Member Yurchick said he has noti ced there has been a lot of work o n the comers of the stre et s fo r
handicapped access. He asked 1f that ,s a separate fund or if that comes out of thi s fund too. Director Ross
advised that that 1s a separate fund , that 's part of our handicapped ramp program where we are trym g to
meet ADA requirements in the City. He noted that we try to do about 50 ramps a year and s lowl y \\Ork
through the Ci ty to ge t those up to ADA Standards.
Council Member Yurch1ck asked what it costs us to add a handi capped ramp to our 1111ersec 11 o ns. Direc tor
Ros s sa id he thou ght this last year 11 was about $800.00 per ramp. so that's about S2.4 00.00 per
intersec11011.
Co uncil Member Grazuli s commented that the y are lookmg real mce with the different olored co ncrete.
Dire ctor Ro ss noted that Denver started this whole effort wuh the colored ramps . but the y are JUSt domg 11
wrong now . They are actually letting the contracto r pour the wings. the cross pan. 1f there 1 a part of a
cross pan. in the red color. he opined , and it looks arrocious . It is reall y Just a sad omment ary . h~ sa,d. and
tf you do it right it looks prerry good. but they have gone the wron g way .
COlJ;\'CIL .\1£:\IBER BRADSHAW .\10\IED , Al'10 IT WAS SECONDt:D. TO Al'PROVE
AGE"'DA ITEM 11 (c) (iii) -A CONTR.\CT WITH SCOTT CONTRACTING. INC .. FOR
CONCRETE UTILITY 2001 IN THE Ai\-lOUNT OF S253.629.32.
'.\1o11 on camed.
Ayes :
Nays:
Council Members '.'Jabholz. Garren, Bradsha w. Wolo s}n .
Yurchtck. Grazulis. Bums
No ne
( iv) Director Ross presented a recommendauon from the Department of Publi c
Works to approve, by mo11011. a co ntract wtth Scott Contracting , In c., for Sidewalk Missing Links 200 1 111
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Englewood Cit~· Council
August 6, 2001
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the amount ofS50.009.28 . He explained tha t this program 1s where we have 1dent1fied 16 1dewalk
segment s in the Cn y of Englewood that are nussmg from our pede stnan net \\Ork . We comb ined the
Sidewalk :Vlt ss mg Links Program wnh the Concrete Ctihty to achieve good prices. he aid . and I think ll
worked rather well. Scon Conrract mg came mat S26.000.00 under ou r engineer·s estimate and. as a re s ult
of thi s favorable btd. we wi ll be looking at doin g so me add ni onal work . \\'e are lookin g at the nonh s ide o r
Belle view between Lo~an and Broadway. o r extendmg the s idewalk along \\'i ndermere to th e nonh of
:Vl ansfield, as right now we are only going to :vta nsfield. or takmg a look at ma ybe extending tt along Zum
Srreet. The othe r o ne we are looking at ts Umon Avenue ca t of Brent :0-l ayne Field. to see 1fwe can add
so me additio nal concrete sidewalk o n the nonh side oft.:mon. o . he said . those are the things we are
lo okin g at. but lirs t we ha ve to approve this co ntract.
Cou nci l i\•lember B rad ha" a ked 1f thi s wo uld address the co n ems o f th e parents who wal k the ir chtldren
up to the bus o n Zuni Direc tor Ross noted there are three bu ses th at drop o ff and pick up kids at that park
and th ere are no s id ewalks adJ3cent to Zurn. so yes it "111 address their once ms .
Council :Vlember Bradsha w sa id tlu s will tak e of that and 11 1s a sat'e t) iss ue too. Direct o r Ro s aid ye and
that s id ewa lk will extend all the way up to th e High School. :VI . Bra dshaw co mm nted that that will be
great .
COU'.IICIL '.\IEMBER BRADSHAW MOVED. A,'ID IT WA S SECO'.IIDED. TO APPRO\'E
AGE'.IIDA ITEM 11 (c) (iv) -A CONTRACT WITH SCOTT CO'.IITRACTl'.IIG. l~C.. FOR
SIDEWALK :\IISSl!'iG LINKS 2001 l'.11 THE . .\.\Wl';-.T OF SS0.009 .28.
Motion carried.
A yes :
Na ys:
Counc il :Vl embers ~abholL.
Yurchick. Graz ult s. Bums
None
arren . Brads ha". \\'olosi11.
(v) Director Black prese nted a reco mm endanon from the Depanment of Parks and
Recreation to approve. by motion . a construction contract wuh pon O ne Development of Denver for the
Centennial Park expansion/Rockies field construction in th e amount of S 1.0 60.05 .00 . \Ve ha ve talked
about this project for months, he said. and this is the s econd to the la s t dement mv o h ed. wuh the la t
element being the dedicarion, which we are plaru1 ing o n ha vmg at the end of O tober. Brent :'-1 ayne "111 be
coming back for that dedication . he said, and I thmk Jt 1s al so 1mpo nant to note fo r the re ord tha t s in ce
Brent Mayne left the Rock ie s th ey have reall y go ne dO \\n and that wa quoted m the Denver Pos t th1
weeke nd . M r. Bl ack tated that s taff t recommending tha t Co unctl award. by mon o n. a omra ct to
SponsOne who wi ll do the development on that park and we will have the fir st phase o mpl e ted and then.
as previously noted. we will have the dedicanon at the end of Octobe r .
Ma yo r Bums said that. as Mr. Bla ck ·s memo note s, Sovereign Spons has spill the ir bus iness into mo
se parate entities. De signOne and SponsOne. Director Black stated that ,s co rre ct. :vta yo r Bums noted tha t
DesignOne handles des ign of s pons field s wit h the constru cti o n by S po rt sO ne . the same people we ha,·e
been working with all along. He asked if thi s is a ne go tiated co ntrac t. Mr. Black said yes I! ,s and all the
elements that we discussed on Jul y 16'h are included in thi s conrra ct.
Council M ember Bradshaw asked ,in aodresses all oiShenoan ·s concerns. Di rector B!Jck said ye s. tie
stated there will be full restroom facilities o perauonal at the dedicarion .
Mayor Burns asked if there were an y additional questions. There we re none .
COUNCIL MEMBER GARRETT MOVED. A~D IT WAS SECONDED. TO APPROVE AGENDA
ITEM 11 (c) (v)-A CONSTRUCTION CONTRACT WITH SPORTSONE OEVELOP!\lENT OF
DENVER FOR THE CENTENNIAL PARK EXPANSION/ROCKIES FIELD CONSTRUCTION IN
THE AMOUNT OF Sl.060,058.00.
Ayes : Council Members Na bholz. Garren. Bradshaw . \Volosyn .
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Englewood City Council
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Page 14
Nays:
Motion carried .
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Yurch1ck , Grazulis , Burns
None
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Mayor Burns thanked Director Blac k for all of hi s work on this . I look forward to this \'ery much. he said
Director Black said he thought it was imponant to take a moment and acknowledge Public Works . and
Rick Kahm and Dave Henderson in panicular, and Dave Lee and Gary Hultberg from our staff as well.
But, Public Works has c oordinated the construction and the contract. ht' said. and let me tell you I think
Sovereign and SponsOne is really happy to get this resolved. becaust' Pubhc \\'orks ha bet'n prett~ ugh1
with those guys on negotiating , so I think they are ready to get this co mpleted.
Mayor Burns noted he signed the contract toda y for the Bro ,vnfidds Loan. "h1ch took so me ume to put
that together too. I know Darren Hollingswonh was very happy to ha\'e that d , nc and I want 10 thank him
for his work on that too .
Director Black stated there are a lot of people involved in this project and we arc exci ted to get it completed
and get those fields open for the kids in the community.
Mayor Burns stated that Mr. Hollingswonh advised him that the EPA will be doM1 he re so metime m the
future to present a special award to the City for this project and we are loolang fom ard to that. Director
Black said that would be great.
12 . General Discussion
(a) 'layor's Choice
(i) Mayor Bums noted he was at Office Depot on Saturday for the ribbon c uning.
general ce lebration and opening. The officials of Office Depot were there, one of the players from the
Avalanche Hockey Team and a lot of customers. There was a lot of excitement over there . He po inted o ut
that this 1s the first retail store that has opened in the C ityCenter De ve lopment , so it was a landmark for the
development and we hope to see a lot of others coming along shon ly. The y seem to think that the y are
doing very well over there, in just the shon time they have been open. he said. and we welco me them to the
City .
(ii) Mayor Burns noted that Council had talked about the RTD su bc o rnrnl!!ee
meeung that we attended . We had some tough questions at that meeting , he said. but I think staff an swe red
them well. Council \1ernber Bradshaw and I spoke, he said . and we got some help from so me of the semor
staff at RTD too . He advised that this 1s somet hing we are gomg to take to the entire board and we reall y
hope to move this along quickly.
Cou ncil Member Bradshaw ad vised that the purpose of the meenng was to expla in the need fo r a light rad
stop at Bates A \'enue to help our development on General Iron Works .
~layor Burns stated that 1fwe don 't have a stop , then we don 't have a development .
(iii) Ma yo r Bums advised that he . and perhaps other members of the Counc il. will be
going down to the Legislature o n Wednesday to speak about reappomonrnent . He noted that Englewood.
agam , 1s being carved up a linle bit in this process in the proposed division of Hou se and Se na le d1srncts .
\\'e would like to keep Englewood in the sam~ dismct. as much as possible. and not haven represented by
,·anous members of the House or the Senate at the sa me time . He o pined that it Just takes away from the
representation .
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A ug ust 6. 2001
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( I\') \layor Bum; said he had a letter that "as em 10 Da"e Lee from outh
uburban Parks and Recrcauon. \lary Colton. CPR.\ A\\ards hair. ad\'1smg that the nom111a11on for the
Engk" od ,\ lurn Residua b Rec ye ling ProJec t "h1 h "as subm1ned . "as selec ted as a "111ner of the C PR.\
Columbrne .\llmtenance .\ward . I am not sure \\hat C PR.-\ stands for. he ,Jid He asked Jerrell Bla,k to
e,plarn exactly" hat that is.
Direct r 13bck JU\ 1sed tha1 C PRA s1a nd · for 1he Colorado Parks and Recrcauon .\,soc1a1wn
:-.Ja yor Bums offered Im congrarulati ons on this award.
Direc10r 131a c k thanked \la yo r Burns and stated that 1h1 was a partners hip bct\\cen he L'11!111c s DI\ 1s11rn
and 1he olt'Coursc This 1s 1hc s,·co nd Colurnb1m' Award that"" ha,c re cel\·ecl. he s01d. Jnd I 1h111k 11
SJ)> J lot abo ut the ta!Tw11h111 the department. \IJ )O I' 13urns agreed thJt II d\1<5 Jnd that n also ,J), .1 Int
about Director Black's leadership
(, l :-.J avor 13ums noted that uuncd had re,cl\cd. 111 1he11 matenal. J memo Jbo ut
LoJack. a device that 1s being used 10 detect stolen car, and there"' an article. 111 the Denver Post tins
mom111g , about LoJacks. He oprncd that this 1s a ,er) good procedure to ha,·e and Englc\\OOd 1s adop1111g
It alo ng wtth other mun1c1pali11es to try to reme,e stole n cars and hopefull~ to ·ut d0\\11 o n some of he
theti.
C u y \tanager Sear asked Patro l Operauons D1\l SI0 n C luef \l uore to talk Jbout that bnetly. He abo askc,I
that D1v1s1011 h1e f \foore fill Council 111 on the traffic s11 ua11 o n Jnd "hat happened earlier this afternoon
D1\'1s1on l11ef \loore exp lamed that Loluck 1s a pm ate c mpan y and the" 1y the '.: make 1he1r mo ne ) ,s by
selling th e tr:in s mllter unns to automobiie owner . Those ua nsmlll er umts are mstallecl 111 the autornobiics.
he said, and w h ere \\e become 111,·olved 1s "hen we have t he rra ck111g un tt s arc ll1 talled m patrol cars and
that w 1!1 take pla ·e tl11 s \\eek. On \\'ednesday we are ,chedu led to have recel\·mg unns 111Stallcd 111 l\\ll
patrol cars at the erv1cen ter and we \\Ill also receive rra1 nm g at that lime . Fl\e of o ur officers and one
dispatcher" 111 receive trainmg. Once they receive 1ra111111g th ey become trarners them elves and the y " di
train the rest of the 111di\'1duals \\·ho "111 have a need to dm c those car . It 1s prett y neat. he said . and the y
wil l receive a demonstrauon. along" 1th th e trai nmg. lfr asked if Council had an) 4uestmn about It
Cou ncil \.Jcmber Yurch1ck asked 1ftha1 was smctl; stole n \'eh, Je s o r 1f"e '"II all ofa sudden get
1mol"ed \\1th repossessed cars. \\here the fi nance compa n y 1s sa~mg this I our car Dl\1s1on C h1ef\loore
expla 111ed that 1t 1s desig ne d 10 recover stolen ,eh1 cles o n ly. but tha t 1sn ·1 to say that someone cou ld report J
vehicle JS stolen and It turns ou t to be a reposses s ion . ThJt will happen wuh or wnhom the LoJa ck
D1\'1s1011 Ch1ef \.l oore a;ked C11y \.t anager Sea rs 1fhe \\Jntcd !um to go into that o ther iss ue . \Ir. Sear
sa id yes, that he \\O u ld like to haw h11n s peak about n bnc.:lly as the y ha,e tal ked 10 a couple of ouncd
\.kmbers about that and ll could be a cnucal ,nu allon .
D1vtS1on Cl11ef'.\loore expla rned that a t 3:15 thi s afternoo n an md1\'tdua l "alkcd 11110 the police tire
building and said he believed he had a bomb in Im car. Bas1 call y, hi s sto ry \\JS that he had found the
possible bomb m his g1rltnend 's car and rran s terred 11 trom her car to t11s ana then ctec,cted to lln\'e 11 llO\\ll
to the policeilire building. C hief Moore noted that he parked his car 111 the dnvewa y of .lefferso n statlClll.
wh 1 h was probably not a good idea. Based on what he told us. and ba ed o n the totality of the
circumstances. we dec ided to call the Arapahoe Count y bomb squad . \\'hen the y amved they e,a m111ed the
parce l. 1f yo u will. that had si nce been removed by the man. from In s c ar , and put o n the fr o nt IJ\\n o f
Jefferson Station. The bomb squad took a look at the device and decided that 11 "as probably an e,plome
de\lce They used all of their normal precautions and loaded 1t mto the bomb truck What so me of: ou
ma y have seen. he said. was o ur escon of the bomb truck down to the Service m er w here they "ent 10 the
o ut er reac hes there to fmd a relati vely safe place to explode the it em. I do n· t know the result of that, he
said, as I stand here at this time. If it did explode tt was n ot a serious exp losion . The o nl y other comment I
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August 6. 2001
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would make about this is that this panicular incident does tie in with an ongoing invesugauon that has
taken place at a pan,cular address with some panicular individuals . Because ll is an ongomg investigation.
he said, I cannot impan any other additional details.
(b) Council Member's C hoice
(i) Counci l Member Nabholz:
I . She gave City Manager Sears a sheet of paper regarding the duplexes at 3068 and JO,O South
Delaware Street.
2 . She stated, regarding the house at~ 15 West Danmouth. th at it is a mess again.
3 . She aid that Kevin Lapri se had contacted her in Ma y as he was wondering why he was not in the
Concrete Utilit y Program. I spoke wi th Ken Ross. she said. and my understanding is that he was o n the list
to be done in June . Mr. Laprise called me Sunday, she said. and told me 11 has not been done . '.\Ir. Lapri e
told me that when he ca lled the City he was told that there was no money Ill the Concrete Ct1lity Fund leti
for this year and he would have to wait until next year. Ms . Nabholz adnsed Director Ro s that s he \\Ouid
get Mr. Laprise·s phone number to him.
(ii) Council Member Garren :
I . He advised that he had received a call regarding o me four -\\ay s top I sue aro und Cl ayton
School. which he commumcated to Gary Sears . I guess there will be o me thmgs in the traffic study
dealing wi th four -way stops s urrounding schools. he aid . I told th1 per o n the y wou ld ha,·e a little more
detail in the next couple weeks. when we ge t a prehmmary repon .
2. He said I w·as coming off of Hampden to rum left over the Broadway bridge and I noticed the
traffic signal box there had graffiti on it. which. I ass ume. ts City propeny. City Manager Sears sa id staff
will follow up on that.
Council Member Garrett stated the lights lo o k great.
(iii) Council Member Bradshaw:
I . She said she received a letter from Rob Schwanz. If yo u remember. she said, earlier this s ummer
Cheryl St. Clair and I met with Rob Schwanz·s brother. who runs Bisben Companies. which ts affordable
housing and he wants to be on o ne of our September Srudy Session Agenda 's to present to Council. She
asked if Co uncil has any interest in that.
Mayo r Bums asked if that was Rob Schwanz o r his brother. Ms. Bradshaw sa id it is the brother. I will get
back to hi m and I did reserve the time. she said. as we fill up fast. She asked if Co uncil was mterestcd ma
presentation from thts company o n affordable housmg.
Councii :vtemoer urch1 ck asked what he wants to te ll Co unci l.
\ilayor Bums thought Council had previously received some material from him.
C ouncil Member Bradshaw noted she has some material. but she wa nted to know if Council wanted to have
a Srudy SeSS1on o n this . If so , she s aid. then I thmk he needs to send material to the C n y Manager 's Offi ce
ahead oft1 me. I guess m y concern is that there are a lot ofcompames domg this out there.
\ila yo r Bums stated that he would like to sc reen it through the staff .
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Council ,\,lembcr Bradshaw commented that \\a; "hat she "as thmkrng I et·; ha,c 51Jfflnok at 11 . ,he
Jtd.
C it) ,\,ta na ger ears sa id ,\,largaret \.IcDerrnon. the he.id of our Cl1J1nber. ha, alkcd •o me "1,e \he
tal ked 10 me and to .\la yor Burns la I arurday. he •aid. and ;he and her husband ha, e an atford.1ble
housing busmess. but I do n ·11h111k this I the same rompan~ ouncil \kmber Bradsha" said no. 111 1w1
Council ,\,lember Bradshaw opmcd that "e need to re pond Cn~ \tanager -ears ,med "e can at least do
some staffi ng \\Ith this . \.Is. Bradsha \\ s aid that \\OUld be great or \\t' could a k \I s . \icDermo1110 make J
presentatton as "d i and ha,·e th· mo d1tlcrent group, come m .ind ha,e J mght or' Jffordabk hnu,111g
Cny ,\,lana ge r ·ears sa id that '.\I s '.\lcO ermo11 \\JnteJ o ,et up a mee1111g \\1th him 11ob .'1mp,nn Jnd he
11aff o ,f 11 1s o ka y" 1th s taff. he said . \\C "ill contact them .1nJ Jo a p1ehmmary ,crcemng C ·ouncil
\l ember Bradshav.-a sked that he do that Jnd rem,ne II tr,1111 he StuJ, "6Sllll1 \gcndJ ·m11l "" a~rcc
Council '.\!embe r \\'o losyn said she "ould 1cll 1hcm 1h.11 th" 1; not rcallv a pnhcy is,ue. that 111 an
11nplcmen1a110 11 o f a policy that \\Ould b<! a re,ource that ,talf,hou!J "'""der She stated that"'' ,hould
JUSI ,pell II QUI.
Council '.\!em ber Bradsha\\ noted that II 1s the ,t) le ol this gentleman tn byp ss prnwrnl
2 "he asked. regard in g ~.111 onJI :S.1ght Out. 1fCounc1! \\JS suppn,ed to get a ,chedule from ,.,n,,
Peterson
'.\layor Bum s sa id he thought th ey were upstai rs Cmmcil. !ember BrndshJ\\ ,:i,d she thought II "3> Jllst
!u s schedule . /\l a yor Burns said he th ought he a\\ the ot he rs up there al so.
-everal Council M embers indic ated that they had no t re e 1v ed the ir schedules. \.layor Bums said he
thought e, eryone s hould ha\'e recet\'ed their sc hedule.
01\ 1510 11 h1ef '.\l oorc aid he ills not een th e sc hed ules.
Council '.\!em ber B radshaw n o ted 11 1s tomorrow m ght. so the re "some con em .
C n y Manager ·c a rs asked to ha\e '.\1 s. P eterson w nta ct each of the C 11 y o unc1! member tomorro" <\Ith
1he 1r schedule s. perhap she o u ld C·ma1l 1hem. 01\ tsllm luef '.\loore s aid he would
'.\layor Burn noted that "e ha,e so methmg ltke 300 parucs no".
Council '.\!ember Wolos) n requested , 1f the sc hedules are e-mailed, that the schedules be put 111 the body ol'
the e-mail, because s he c an ·1 o pen an .1rtachmen1 from the ny .
Cou ncil Member Bradshaw agreed a nd a sked that the y not a11ach .1ny1l11ng 10 her e -mails It do\\11load
them and then hides them. she said .
C n y Manager ears assured Council that the y would receive their sc hedule fi rst thmg m th e morning
3. She advised that s he is concerned about the ero 1011 a t Be lle\'tC\\ Park from th e recent torrns .
particularly in th e area north of the train bndge . It looks hk e the ba nk s are rea ll y eroding. s he s ai d . and I
don't know what we will have to do there. The only reason I know abo ut that. h e said. ,s that that 1 "here
her dog Charlie likes to play in the river. So we go down there and I let b1m 1ump m the m·er. It I real I •
gcning bad, she sa id, and it is hazardous .
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\,l s . Bradshaw commented tha1 the y have done a wonderful job of cleaning up all the parks after those
storms . I have been very impressed. she said. they do a good job.
Director Black advised that that has reall y been difficult for staff. because. 111 additio n to Belleview Park
there ha ve been a number of other areas. because of the rain . th at they haw had to deal \\Ith . He o pined
th at the y have done a good job.
Counc,I ~1 ember Bradshaw noted that after that last bad storm we had. she was dri ving by Rotolo Park and
the re \\ere so me dad"s rescuing trashcans out of Rotolo Park . It was really neat watching them \\Ork
toge ther. she said . and they we re cleaning all the debris out and sening it up on top . She stated that we
have some really neat neighbors around Rotolo Park that are doing a good job for the Ci ty.
(iv) Council Member Grazulis :
he po1111ed out that there is a fee for going out of business . I received a call from Ro se mary
LaPorta . s he sa id . and Gary Sears did take care of it and he said all they basically have to do 1s cal l in and 11
will be taken off. Ms. L:iPorta felt it was a s lap in the face that she h:id to even go this far wnh it. So. I
"·ould hk e to re-look at whatever ordinance that is . s he said . and ha ve II taken off the books . Because I
don ·1 thmk ll 1s a ;usllfiable fee to c harge o ur bus111esses for going out of business. unless we come up with
that ame problem of why we put it there in th e first place ... , hi ch w:is the business that us ed to go out of
business every month anJ change their name .
Counc 1l ll.•lember Bradshaw s t:ited that is what they did in the eighues.
Cou nci l ~1ember Grazulis said we can go back and do that again if that problem exists . but to do that to our
other businesses right now, is not needed.
Cou ncil Member Bradshaw sa id that ma y be we need to s ay 1fthey have been in business for the p:ist so
man y years . then ma ybe the y don "t need to do that. Or ma . be omething like that. s he said .
Coun:il Member Grazuhs noted that some bu smes e try 11 fo r JUSt a couple of months and to ha\"e an
additional fee on top of that 1s hke a s lap o r an ms ult .
Council Member Bradsh:iw sa id this was when \\e had all sorts ofamusmg bu me sse s on Broadwa y at o ne
time. Ms. Grazulis stated we still have a few . '.'vis . Bradshaw said what s he m~ant was be yond that . but
they are now located elsewhere.
Ci ty Manager Sears advise d that the y could bring this up at a Study Session in the next month or so.
2. She advised that she was contacted by Eag le Waste and al so another bus ine ss owner. I hate to
alwa ys be the one to complain abou t ROHAC !'vl o tors . s he said. but the y block the alley everal limes a da y
at 3900 South Broadway wnh their ve hicles . So the tra sh trucks that have to go tltrou gh there end up
having to go down the alley to pick up the trash and then the y ha,·c to back up to get out of the alle y. The
guy from Eagle Waste said he has talked to them personally, but the y kind of s neer at him . Ms . Grazulis
pomted out that the alley 1s not ROHA C's alle y.
City Manager Sears noted it is a violation of our code for them to do that. He advised taff will do a
follow-up .
3. She asked what time Nauonal Night Out would actuall y stan tomorrow. he wa s ad\"lsed that n
would start around 6:00 p .m.
4. She ad\"lsed she had l\\O calls 10da y. One from a r~sident o n the 4-.00 block o f South Lincoln on
the east side and a lso from a re s 1deJ11 of the 4900 block o f South Lincoln. The y want to know the poli cy
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August 6 . 200 1
P:igc 19
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regarding busmesse~ pJrk111g their \d111:les m lr,Jnt ni"n:,H.11!'mtJ1 ihllll~> "hen 1ht'y do11·1 hJ\C t:nnu~h
room TI1ese Jre hail damage and car repair bu Ille ,e,. ,he ,a,J. Jnd "hen they don· ha, c enough mom JI
1heir business 1hey park the cars 111 fron1 olthe re"Jenual hnmc, ''"'· ,he noted . they Jo kJ,c at 6()0
p.m. bu11ha 1 means that all day long. \\llh1111hc ,hJJc ,111he1r hom,·,. the ,e,11Je111s can·, park 1he1r cars
They also cunduct bu,mess by the pJ1k·J 'Jr. ,u.:h J, "1tt1n; up a,ntrJ,h J, 10 \\hJl "'II be Jone to the
\'~h1rli: \I s. Grazuhs said 'lht.• 1hmk:s thJt mcJth the\ Jtc .... Jrrym; i,n hu,rnr:,,es on 1e,1dl'nt1Jl ~trl!ets I
don't kno\\ \\hat kmd oflJ" thJt "· ,he ,J1J "111 I Jn ,m1•., thJt the rc,11k111, are kmd 01 concerned Jbout
th l.
C1ty ~lJnagcr -ears noted 1h1s 'lWers J \Jrtc:t~ rtJ 1 ,uc ... u\,.·h J, !lHltn~ Jnd pc1nut pJ.1krng louncil
~,kmbe, G ra zul1;, ,a,d \\C don't" JIil ill go there One rc,1Jrn1 ,p,ikc 1n th,·m tod .l\ Jnd ,he ",II tind 0111
iomorro" 1f1hey '"'' continue to pa,k 111 lr<>nt ufher h,,u,c
C1ty ~t ::111Jg.:r St'ars ~aid thi: hc,t \\ J\ l!I for ill.·r w contJ\. l thJt t'U.llOCY, Jnd .bk. th~m not h.l Jo thJt .
Council \kmbe1 GrJ1ulis J1h ,,eJ thJt the ~clllknun 111 the 91!0 hlock ,,1 ',,11:1h I ,nc,,ln ,J1J thJt
soml'tt'lll!''\ th~ \ c:h,~ks Jli.! ldt lt.11 t\\U 01 tine..: t.fa)s. but th(") .lh,.1,, n1<n '-'them\\ uhm -2 hnm, nic::
:i~em tu knil\\ Jhout thJt 1e-.1rn.:t10n .... he! sJ1d. Sc,cr:il ,eludes\\ 111 ":ltJ, in lf\Hll Ill 1hc1r house, n~ht up-~
hour,. Jnd then the, JIC mll, cJ
5. She Jd\l,ed thJt !or ,c,,·ral ,eeks there hJ, been a ,,,uch ,n the Ji!c, 111 thc llOO !,k><k 11t :South
BroJd,,ay on tht' ,,~!ti ::,1Jc. bct,,~c:n \i.:om:i anJ l3rnJd,,J;
6. 'Ill' ,J1J she Jb1l \\Cnt 10 the Otlicc Depot o pening and II \\JS rc.111 , ,cry mcc Jnd the th,l\ct \\J,
g reat I will hJ1c to JJJ Ill my )CJih !1>1,11 gifts rccel\ed. s he ,a,d. been sc \\e did reccl\c ,,1111 c mcc
thmg~.
7 '>he ,,rnunentcJ thJt he \\J> \\Cmdenng bout some of the lily s1dc,\Jlk,. e,rcc,ally al,rng
Broad\\J\ a, there" ,111! Jn J\\l11l lm ,11,Jnd from \\tiller. I \\JS \\Ondenng abllut the cle.in-up prnccdmc
for thJt, ,he ,J1J. J, 11 lol'k> rren, trJ,hy C11~ :-.1anage1 'cars ad\'1sed he \\Ould get back to he, on 1har
She >J1J ,he J,J sun I\ c her trek up in \\'yo nung and ,he 1s J heller person for 11. Council
\kmbcr Orad,hJ\\ J ,kcJ he r 10 tt'll luunc il \\hJt she ,hd as some of them Jon·1 kno"
Counc,1 \kmbcr GraLuh, ,J1J ,he \\Jlked for 35 nules alon!( the O ,c~on Trail com ktelv dressed 111
pioneer ga, b. You pu,heJ .·o r handcart "11h 17 pou nds of ;upphes. ;-ou 1mde your men.ls 111 Du1d1 ,), en,.
slept uut under the stars JI 111,.:h1 JnJ got to e~pencnce c,ery1h111g 111 Wyommg hkc the ,11nd. ,u n and 1J111
\\'e had 10 kill J ,hr.: en one mght for our stc\\ and dress 11. fhe purpo e ""' 10 1eJch us 10 Jpprec1.i1e
"h.11 the r1onee1s J1J for us "hen they came "est. ,he ,J1d. Jnd the fro,1b11e Jnd lo,;, n1 IJmil1 member,
th Jl they ,utfi:red 1SJU>t 111c1ed1ble \\'e \\Cle taugh t the hrstorv along the ""Y .lnd 11 ""' cjtlllC J mp It
"as ti , e J.iy s lo ng. I ,un "ed and I kel h~e I would lo, e 10 Jo II agam. I l,o did 11 four \ eais ago rh1>
1s one of the hardest tlung I haw e,er done , she said . but 11 1s real!} \\Orth 11
(v) ounc,I Member Yurcluck advi se d thJt there 1s Jn Jile } 1h.11 run, ea,1 Jnd "e,1
bemeen TeJon and Raman, north of C aspian, and when II rams. as 11 1s th e on ly Jlle, that run; 1h01
d1rectton . 11 turns into a river and washes four to five me hes of mu d down 111 10 Rarn:m I Jm "ondcnng 11'
the C 11y ould po;,s1bl y look at pa v mg o r concrettng it, he said, no t ne ces,anl} J S J lanJo" ner expen,c .
because ii is not an issue w11h them. but it 1s an issue with the street at the b.ise ofth:11 Jlk) II l11erally
mm into a fo ur-wheel drive trail after a rainstorm. he said. City Manager ears ad, 1 cd that ,tat! '"II
follow up on that.
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August 6. 200 I
P•ge 20
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(vi) Council Member Wolosyn said the audience made her think of the so und wall
policy. She asked if Council will see that again. I know we had talked about trying to do somethmg for
that group , she said. and the budget is coming up .
Co uncil Member Bradshaw noted that the people along the north side of Bellevi ew also want somethmg
done.
Director Ross advised that. basically. he j ust \Happed up the commems that he had been given from both
the Planning Commission and Ci ty Council. I can let you see what the pol icy emails. he said. but 1t really
hasn't changed much other than a few addinons here and there . Basically. Kem Village has pro\'1ded a
formal wrinen request for their sound wall to be included in next year· s budget. I went ahead and put a line
item in the MYCP as a request for them fo r that. that Counci l will be gening to look at when the y approve
the budget. So. he noted , we will get our te st c ase comi ng up. potentially. next year. Council ~!ember
Wolosyn thanked Director Ros .
City Manager Sears said he would like to add to that. that the request is for the City to fund it at !00°~. He
asked Director Ross if that was right. :Vlr . Ross aid that I correct. that they would like to see the C ny fund
th e entire wall and then pay the City back on a ten-year program. That 1s their reque st. he said.
13 . City Manager's Report
(a) City Manager Sears noted that sta ff had proposed to ha\'e the budget session on th e 61
' of
October. However. he said, :Vla yor Bums has been 111v1ted to a CU Conference and Bob Simpson 1s al so
planning to anend that conference. The ess1on goes until Fnday night and :Vla yo r Bums had mentioned
poss ibl y changing the ession to th e 2Qth , which crea te · ome problems for some staff members . Both ue
Eaton and Tamara Wolfe would have a problem in terms of changing that. but all the other staff member
would be able to do that. He asked Mayor Bums 1f the 29'h was his preferred time to hold the sess ion .
Mayor Bums said yes and noted that there might be something on the 6th itself. This is kind of an honor for
the C ity, he said, because I have been invited to come to the U L! Conference and they are going to pay the
tuition. the hotel and S 1.000.00 of expenses . I have two leners from former Ma yor of Ind ianap olis William
Hudnut , as a Senior Resident Fellow . he said. and he c ame through here in the spnng and we sho\\ed l11m
through the CityCenter project and also General Iron Works. He took a lot of pictures and I think \\e are
goi ng to appear in one of his books . But. he noted . it is quite a generous offer the y made to the Ci ty and I
would like to accept it.
Council Member Bradshaw said she has no problem with the 29 ...
Co un ci l Member Grazulis asked if that is the 29th of September. Ma yo r Bums said yes .
Cou ncil agreed to September 29'h . C it y Mana ge r ears said okay. staff will c han ge It to September 191h
(bl C ity Manager Sears advi sed that he and Ma yor Bums received a number of telephone
calls from Peter :-Jeukirk afier he made a presemanon to the Council about the Southeast Business
i'armersi11p. I ciid teil i11m. he sa id. that l would ask the Co uncil 11· yo u haci a rieme. a teeiing or a commem
about whether or not yo u want to parttctpate with the Southeast Business Partnersh ip and secondly 1f you
want to fund it at any level in terms of that partnership .
Co uncil Member Bradshaw stated that she JUSt does not thmk that , at this time. we need to be a party to the
Southeast Business Partnership. I really didn ·1 understand what their function was, she s aid.
Co uncil Member Grazulis s he didn 't enher. so she has a problem with this .
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Englewood City Council
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Page 21
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Council :-.!ember l3rads haw commented that she doesn't know what th eir function is. as opposed to othe r
orgamz auons \\ e belong to .
~layor Bums explatned that it is a public/pri,·ate partnership. which has evoI,·ed over the ye ars and they
ha ve done a lot of" ork promoting the bond issues in the so utheast corridor. the TREX project. O ne of
their obJecm·es 1s to pronde for some kind of groWlh control. groWl h manage me nt. traffic mana gement o r
whate\'er. wuhout an y State legislation. So. he said. the y ha \'e a political age nda . He no ted that th e
Legislature will be holding a s pecial session on growth co ntro l and the ~lerro Mayor Caucus. \\h1 ch we
have bet:n acll\ e 111 . 1s meettng, v1rrually as we speak. wuh the Ho me Butlders Assoc1au o n. and o th ers. to
try to formulate some legislation that everybody can live wuh and al so to avo id an 1mtiattw that mi ght be
on the ballot that would be s omething you wouldn ·1 want to ha\'e. So. he op med. we are kmd o f at cross-
purposes a little bit with what SEBP is doing in the gro\\1h control area . I believe. he said , that the y don ·1
believe yo u can control growth. that yo u just have to manage traffi c . As :-.1r. :\euk1rk said at ou r breakfa s t.
and I am s ure thi s i tme. that if yo u are the CEO ofa co mp a ny. and yo u don·1 want to grow. then yo u will
not have a job very long . That is kind of the wa y the bu smess co mmunity looks at 11. But . he said. I thmk
they want to pull the west corridor into their members hip. because the y don ·1 ha,·e members fro m Lmkto n
and Eng lewood. so the y can use our membersh ip as a means o f promotmg that agenda . The y would
es pecially like us on their Execum·e Commmee be cause that put s us ma political pos 111 o n. almost. 111
regard to their agenda . So. he said, there is so me di s o mfort that we are not reall y on the same track and
that we are be111g asked to jo111 so tha1 our endorsement can be us ed fo r the bes t purposes or S EBP I know
the se fo lk s pre n y we ll . he s aid . I ha\'e been to a lot ofthe1r meetings. lirst or all to monno r \\hat the y "'"e
doing in the southeast comdor ve rs us th e sou thwest comdor. be cause w hen I s tarted tin s process John
C aldera was mil try111g to kill the outln,es t comdor pro1e ct through RTD. and al so to mak e sure no one o n
the southeast comdor project was trying to ge t ahead of the so utll\,est corrid or project. We h3\e al so
talked to them e, era! ttme abou t the proce s of gettmg a success ful south wes t co rrido r proJect. so we
have made friend s O\'er there . However. he noted. there 1s some di scomfort in being mvo lved. e\'e ll at the
lower level. wluch 1s j ust a membership rather than being on a decision makin g board. but there is sttll
some question . He asked if any other members o f C ouncil would want to co nunent on thi s .
Council Member \V o lo yn lated that s he re e ls un co mfortable with thi s. I think the ci11zen s m thi s stat e
want so me so rt of gro \\~h leg1 s lat1 o n and it will happen one way or another. I don 't fed comfortable g1v m g
mone y to an orgamzatton that feels the wa y th ey do . s he said .
Mayor Burns noted that we are al so on the board of DRCOG. and DR COG and the Metro ~1a yors Ca uc us
have been work111g together for the Mile High Compact. We have supported the DR COG 2020 Plan and
they have also been working at the Legislarure to try to assist m fcmnulating so me leg1 s latton. So. he
pointed out, we are very involved in doing what SEBP doesn·1 want to plan to do. But . he said. I thmk we
can be supportive of them, as one thing we pledged to do, when the so uthwest corridor was built. was to
support other corridors and their efforts to ge t their transportation need s met. y!ayor Bum opmed that we
have fulfilled that promise to them in considerable measure , so it is not that we owe so methmg to SE BP .
but I think we can be on friendl y terms with them and e nco ura ge them to do what the y wa nt to do. but II
seems that the consensus ofCounctl is that ha"ing a me mberslnp m the orga mz ation, at thi s poi nt . 1s not
something we feel entirel y comfortable wnh .
Ma yo r Bums asked 1f an yo ne else wouid hke t0 co mment. [here were none.
Mayor Bums said if that is true , that we do feel uncomfortable wnh this . then the appropnate letter should
be wrinen to them. thanking them for approaching Council. but lettmg them know that we have chosen not
to join at this time.
City Manager Sears said he would draft that for the \1ayo r' s ignature .
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August 6. 2001
Page 22
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Council Member \Volosyn sa id we have had a number of wonderful entenainments on the plaza throughout
the summer. We had Saturday afternoons with Parks and Re creanon. Saturday mornmgs wit h Park s and
Recreation 's chi ldren-oriented programs, which she anended. plus MOA ·s concen and somethmg w1th the
Colorado Wind Ensemble. Last week there was a Cowboy Campfire. she added. She said she missed Peter
Calthorpe because she was rrying to pretend she was no t a pubhc person .
.\,layor Burns said he came to the concen lat e because he played golf m the City league. but Cny .\,tana ger
Sears told him that Peter C althorpe had been there .
C it y Manag,er Sears s aid '.\·11 C althorpe was ma real hurry and he had m ed to ge t h im 10 come over 10 talk .
He had high praise for where the project is and the s t1 ck-10-it1\'eness of the Cny Council and staff to make
this thing develop . Mr. Calthorpe did criticize the parkwa y. he allowed. because he would like to ha\'e een
the green space going down the parkwa y. but he said cverythmg else was right whae 1t sho uld be . He said
we are about six months away from having this who le project interface , wtth the new apartments up. and
the commercial areas . 1..intil that happens and people can see ho w this come s 10gether. we probab ly "on 't
get the publicity that he thinks we de serve . Mr. Sears added that ;\Ir. Calthorpe was JUSt rea ll y ecstatic
about what was going on.
Ms . Wolosyn said she was glad that he walked through on a night when there was so much, ttalit y . She
said it has been a real pleasure to watch the piazza emerge as a public place fo r gatherings throughout the
summer. They all have been successful in one wa y or another.
Ma yo r Burns thanked Arny Doe . who has done a wonderful job of coordinating and he lp mg to put tho e
things together on behalf of the City. She has very enthu sia s ticall y s upported these proJects. he sa id .
Coun ci l Member Wolosyn said the Museum of Outdoor Ans' entenamment was first dass. he said n
made her proud for the City.
Mayor Burns agreed that it was excellent .
Mayor Burns said we have talked about the Rail-Volution Conference in San Francisco that w ill be held the
middle of next month. Director Simpson is looking into whether. tf 1 were 10 attend. that 1 rru g ht be able to
moderate a panel and actually pamcipate m the conference. He is supposed to get back to me so me time
this week to see if this could be done . .\,layo r Burns advised, and the registration deadline is corrung up .
* * * * *
Co uncil Member Bradshaw said she was tr ymg to see where 11 sa id Englewood residents in th e MOA
brochure, and there is not anything in there. and everyone appears to regi s ter at the sa me fee .
Council Member Wolosyn tell there was a discount.
Co uncil .\1ember lirazuhs asked tf II was m the brochure.
Directo r Black said it is not m the brochure. S ince the y staned the prog ram. they have not put 11 in that
brochure. because 11 goes to a number of non-residents . They promote it through the sc hools and through
fl yers. but the y do offer those programs that are srrictly for Englewood kids . They ha ve separate programs
se t up that are fre~ for Englewood kids. and rhe reason the y don't put it m the brochure 1s the y are
pro moting their fees for those programs. where the ones for Englewood are free.
Co un c il Member Wolosyn asked if there was an overall Englewood discount.
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Director Black aid there 1s an Englewood discount as well. but they also have the free programs.
Council Member Brads haw said it just wasn't mentioned in the brochure. and not that it needs to be . but
she wanted to know if it was s ull go mg on . Director Black said yes it 1s .
14 . City Attorney's Report
(a) Ciry Anomey Brotzman commented on the two items that were set for public hearing on
September 4"'. He said he thought he had heard that there would be several proposals to do substanti\'e
amendments. Council rraditionally does not have second reading the sa me night of a public hearing , but if
changes will be proposed, he asked if they would like to have second reading and make those motion s that
evening. If they make the amendments. it would become first reading.
Council Member Wolosyn clarified that we did pa s u on first reading this eveni ng . 'vlr. Brotzman agreed .
Council Member Garren said ifwe make substantive amendments. we have to stan again. Council
Member Bradshaw said that was okay.
Mayor Burns said then we should make the amendments the next time. Mr. Brotzman s uggested putt mg
those two items on the agenda next time so it would look hk e second reading , and the y coul d make their
motions that evening.
Mayor Bums said he felt that was a good recommendation. He asked if an yone else di s agreed. \'o o ne
disagreed .
15 . Adjournmenl
RNS MOVED TO ADJOUR'I . The meeting adjourned at 9 :20 p .m.
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT:
August 20, 2001 10 a i Colorado Department of Local
Affairs -Enterprise Zone Marketing
and Administration Grant
INITIATED BY : STAFF SOURCE:
Community Development Department Darren Hollingsworth , Business Deve lopment
Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Community Development Goal: Initiate business retenti o n, re vi talizati on, and growth strategies.
Community Development Goal: Leverage City resources through grant funding.
City Council has approved previous marketing and administration gran t co ntra c ts wi th the State
Department of Local Affairs to support the Arapahoe County Ent erprise Zone .
RECOMMENDED ACTION:
Staff recommends that City Council approve the attached Bill for Ordinance accepting $7,500 from
the Colorado Department of Local Affairs (DOLA}. These funds will be used for Enterprise Z o ne
marketing and administration.
BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED:
In 1990, the City applied to the Colorado Department of Local Affairs and was granted Enterprise
Zone status for a majority of the industrially and commercially zoned property in Englewood. The
South Broadway corridor and CityCenter Englewood site received Enterprise Zone designation
effective July 1, 1998.
The Department of Local Affairs has a competitive grant program for Enterprise Zones, which
provides marketing and administrative support. This is the sixth co nse cutive year Englewood has
applied for and received this funding.
Th e Enterprise Zone is used in Englewood as a vehicle to support business retention and
co mmunity marketing activities. Marketing activities encourage businesses to take advantage of
Enterprise Zone ta x credits and highlight the Englewood business community .
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FINANCIAL IMPACT:
Th e Co lorado Department of Local Affairs requires that th e Ci ty provide matchin g funds to m ee t
grant requirements . The attach ed Contrac t be twee n DOLA and Engle wood pl edge s $7,500 in local
matching funds to meet this obligati on. Th ese funds are included in the Co mm uni ty D eve lo pment
departmental budget. Grant and match ing funds w ill be used ior a vari ety of Ent erpri se Zon e
marketing and administrative activities .
LIST OF ATTACHMENTS:
Proposed Bill for Ordinance
DOLA Contract
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 54
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7 ,500 GRANT FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA.) FOR ENTERPRISE
ZONE MARKETING AND ADM1.NISTRATION .
WHEREAS , in 1990 the City of Englewood applied to the Colorado Department of
Local Affairs and was granted . Enterprise Zone status for a maJority of the
industrially and commercially zoned property in the City of Englewood ; and
WHEREAS , the South Broadway corridor and the Cinderella City site received
Enterprise Zone designation effective July l , 1998; and
WHEREAS, the Department of local Affairs has a co mpetitive grant program for
Enterprise Zones , which provides marketing and administrative support; a nd
WHEREAS, this is the 61h year in which the Community Development Department
of the City of Englewood has applied for and received s uch funding; and
WHEREAS , the Enterprise Zone is used in the City as a vehicle for business
retention ; and
WHEREAS , by encouraging businesses to take advantage of Enterprise Zone tax
credits, an opportunity is created for businesses to strengthen operations through
reinvestment of these dollars back in their business; and
WHEREAS, the Colorado Department of Local Affairs requires that the City
provide matching funds to meet grant requirements; and
WHEREAS, the Contract between the Colorado Department of Local Affairs a nd
the City of Englewood pledges $7 ,500 in local matching funds to meet this obligation ;
and
WHEREAS , this Grant and the matching funds will be used for Enterprise Zone
marketing and administration in the City of Englewood ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The Contract between the Colorado Department of Local Affairs .
Economic Development Commission for the acceptance of a $7.500 Grant to be use d
for Enterprise Zone Marketing and Administration a nd the Ci ty of Englewood 1s
attached hereto as Exhibit 1.
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Section 2. The Contract between the Colorado Department of Local Affairs,
Economic Development Commission for the acceptance of a $7 ,500 Grant is hereby
accepted and approved by the Englewood City Council and the Mayor is authorized to
execute and the City Clerk to attest and seal the Contract for and on behalf of the City
of Englewood.
Section 3. The City Manager and the Finance and Administrative Services Director
are authorized to transfer matching funds from the General Fund Unreserved Fund
Balance to the Community Development Budget of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 20th day of August,
2001.
Published as a Bill for an Ordinance on the 24"' day of August, 200 l.
Thomas J . Burns, Mayor
ATTEST:
Loucrisbia 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 20"' day of August, 2001.
Loucrishia A . Ellis
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EDC#470 DEPARTMENT OR AGENC Y NUMBER
EDA
CONTRACT 1-tOUT!NG NUMBER
CONTRACT
THIS Contract, made this __ day of , 2001 , by and between the State of Colorado
for the use and benefit of the Colorado Office of Economic Development, Economic Development Commission
("E .D .C."), 1625 Broadway #1710, Denver, Colorado 80202. hereinafter referred to as the State . and~
Englewood 1000 :ngl -,cod Parkway Englewood. CO 801 10 , hereinafter referred to as the Contractor.
WHEREAS. autnority exists in the Law and Funds have been budgeted. appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund No . 156.
Approp . Code 316, Org . Un it EBAO , GBL , Contract Encumb. No . E2EDC470 : and
WHEREAS . required approval , clearance and coord ination has been accomplished from and with
appropriate agencies ; and
WHEREAS, the State des ires to promote econom ic development in Colorado by ass ist in g local
communities in expand ing their economic base: and
WHEREAS . pursuant to 24-46-101 to 105 . C.R.S . 1987. the Colorado Economic Develop ment Fund
is created , and is to be adm inistered by the Colorado Office of Econom ic Deve lopm ent 1n the Office of the
Governor: and
WHEREAS , appl icat ions for dismbutions from th e Co lorado Econom ic Deve lopment Fund have been
received by th e Eco nom ic Deve lopment Comm iss ion ; and
WHEREAS . the Economic De velopment Commission has reviewed and recommended to the Governor
that th e proiect descri bed in this contract be fi na nced with a grant; and
WHEREAS , the Governor has revi ewed th e proposed expenditure of money from th e Economic
Development Fund to fin ance the proJect descnt:ec ,n this contract; and
WHEREAS. the Contractor is an eligib le rec 1p1ent of Co lorado Economic Dev elopment fund s;
NOW THEREFORE it is hereby ag reed tha t:
1. Scope of Services . In consideration for th e monies to be received fr om th e State , the
Contractor shall do. perform , and carry out. in a saus factory and proper manner. as determined by th e State .
all work elements as ind icated in the "Scope of Serv ices". set fonh in the Attached Exh1b1t A. here inafter
referred to as the "Projec t". Work performed pnor to the execution of this Contract shall not be considered part
of this ProJect .
2. Responsible Administrator . The performanc e of the services required hereunder shall be under
the direct superv1s1on of the employee or agent of Contractor idenufit!d in the attached Exh ibit A .. who is hereby
desig nated as th e administrator-in-cha rge of this ProJect . At an y ti me the adm inistrator-in-charge is not
assigned to this Project, all work shall be suspende d unul the Contractor ass igns a mutually acceptable
rep lacement admini st ra tor-in-cha rge and the State receives notification of such replacement assignment.
3. Time of Performance . This Contract shall bec om e effective upon proper execution of this
Contract. The ProJect contemplated herein sha ll co mmence as soon as practicable after th e execution of thi s
Contract and shall be und ertaken and performed in the sequence set forth in th e "Tim e of Performance" in the
attac hed Exh1b1t A. No Eco nomic Development Comm1 ss 1on Fund s provided und er thi s cont rac t will be
expended prior to the full execution of this contrac t. The Contractor agrees that time is of the essence in th e
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performance of its obligations und er this Contract. and that completion of the Proj ect shall occur no later than
the termination date set forth in the "Time of Performance ."
4 . Compensation and Method of Payment. The State agrees to pay to the Contractor. in
consideration for the work and services to be performed , a total amount not to exceed SEVEN THOUSAND
FIVE HUNDRED AND N0/100 DOLLARS {$7 ,500). The method and time of payment shall be made in
accordance with the "Payment Schedule" set forth in Exhib it A.
5. Accounting . At all times from the effective date of this Contract unti l completion of th is Project.
the Contractor shall maintain property segregated books of State funds. matching funds . and other funds
associated with this Project. All receipts and expenditures associated with said Project shall be documented
in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may
adjust budgeted expenditure amounts up to ten percent ( 10%) within said Budget without appro val of the State .
Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State
in an amendment to this Contract properly executed and approved pursuant to th e State Fisca l Rules . In no
event shall the State's total consideration exceed the amount shown 1n Paragraph 5 above .
a . Unless otherwise provided in thi s Contract . 1f Exh1b1t A provide s or more than one payment
by the State , the initial payment set forth 1n the Payment Scnedu le sha ll be made as soon as
practicable after proper execution of thi s Contract The Contractor shall 1nit1ate all subsequent
payment requests by submitting documented proof of ;:,roper expeno iture oi Sta te funds thus
far received to a contrac t monitor de signa te d by the State .
b . The Contractor shall request the fin al payment, wh ich 1s the amount w1thne ld by the State un til
the Project 1s comp lete . for the Project by submitting to the co nt ract monitor a c:e ta1led cost
accounting of all State fund s received and expended towards comp letion of the P•oject . Upon
determining to its sat isfact io n th at all funds rec eived by the Contrac tor have been properly
spent to wards accomp lishm ent of th e Projec:. the State sha ll ;:iromptl y make fi na l payment
to the Contractor
c . Within ninety (90 ) days of complet ion of the Projec:. the Contractor sha ll submit to the
contract mon ito r a detailed cost accounting of expend itures of the final paym ent received from
the State . Any State fund s not expended in conn ec tion with the Project shall be remitted to
the State at that time .
6 . Aud it. The State or its authorized representative shall have the right to inspect . examine. and
audit Contractor's records . books and accounts , includ in g the ri ght to hire an independent Certified Public
Accountant of the State's choosing and at th e Stat e's expense to do so . Such discretionary aud it may be
called for at any ti me and fer an y reason from the effective date of this Co ntrac: until live (5) years after the date
final payment for this Project is received by the Contractor. provid ed that the aud it is performed at a time
convenient to th e Contractor and dunng regu lar busin ess hours . Whether or not the State calls for a
discretionary aud it as provided for 1n this paragrap h. if the Pro ject is accomo li shed within a single fi scal year
of th e Contractor , the Contractor shall. at the conclu sion of the Proiect . and 1n ado1t 1on to any other reports
required, subm it a report and auditor's statement of the Pro ject account to th e Economic De velo pment
Commiss ion . Such report sha ll be prepa red in con junction with Contractor's regular yea rly audit . and must be
submitted within six (6 ) months after th e close of the then current Contractor's fi scal year .
7. Personnel. The Contractor represen ts that he has, or will secure at his own expense. un less
otherwise stated in Exh1b1t A . all personnel , as emp loyees of the Contractor . necessary to perform the work
and services required to be performed by the Contractor under this Contract. All of the serv ices required
hereunder will be performed by the Contractor or und er his supervision . and all personnel engaged in the work
shall be fully qua lified and shall be authorized under State anc loca l law to perform such serv ices .
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8 . Independent Contractor Relationsh ip .
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR
AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE
CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STA TE .
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX AND
LOCAL HEAD TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR ANO ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOY.
MENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH
COVERAGE ANO THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION. EXPRESS OR IMPLIED, TO BIND THE STATE TO
ANY AGREEMENTS, LIABILITY. OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.
CONTRACTOR SHALL PROVIDE ANO KEEP IN FORCE WORKER'S COMPENSATION (ANO SHOW
PROOF OF SUCH INSURANCE) ANO UNEMPLOYMENT COMPENSATION INSURANCE IN T HE AMOUNTS
REQUIRED BY LAW, ANO SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
ITS EMPLOYEES ANO AGENTS .
9 . Termination of Contract fo r Convenience of Either Party. Eith er the State or the Contractor may
terminate th,s Contract at any ti me the party determines that the purpose of the Contraci would no
longer be served by completion of the Project. The party desiring to term inate the Contract shall effect
such termination by giving written notice of termination to the other party and spec,fy ing the effective
date thereof . at lea st thirty (30) days prior theret o . In that event . all finished or un fi nished documents
and other matenals shall. at th e option of the State . become ,ts property. Contractor shall repay funds
advanced and not expended in accordance with the terms of his contract C ontractor shall not be
relieved of any obligations to repay fund s advanced as a loan. notw ith standing any te rmin ation of the
contract for convenience .
10.
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12 .
Termination of Contract for Cause; Reoavment oi Advanced Funds
a. If. through any cause. the Contractor shall fail to fu lfill ,n a tim e ly and proper manner its
obl igations under this Contract. or if th e Contrac tor shall vio late an y of the covenants ,
agreements . or stipul ation s of th is Contract . the Sta te shall !hereupon have the r ignt to
terminate this Contract for cause by giv ing vntten notice to the Contracto r of such termination
and specifying th e effective date thereof. at least fiv e (5 1 days before th e effective d ate of such
termination . In th at event, all finished or unfin,sned documents . data. stud ies . surveys.
drawings . maps . models. photograpns. media contracts and reports or other material prepared
by the Contractor under thi s Contract sha ll. at the option of the State. become its property;
and the Con tractor shall be entitl ed to r eceive JUSt and equitable compensa tion for any
satisfactory work co mpleted on such documents and other materi als .
b . Notwithstanding the above , the Contrac:or snail not be rel ieved of liability to the S tate for an y
damages sustained by the State by virtue of an y breach of the Contract by the Contractor. and
the State may withhold any payment to the Contractor for th e purpose of setoff until such time
as the exact amount of damages due to the State from the Contractor is determined.
c . If funds have been advanced to the Contractor , Contractor shall rep ay such funds to the extent
they are not expended in accordance with th e terms of this contract at the ti me of termination .
Changes . The State may . from ti me to time . requ ire ch anges ,n th e scope of services of the Con tract
to be performed hereunder. However . th is Contract is intended as the complete integration of all
understandings between the parties at this ti me. and no prior or contemporaneous add ition . deletion.
or other amendment he reto , including any increase or decrease in the amount of mon ies to be paid to
the Contractor. shall have any force or effect whatsoever unless embod ied in a w r itten contract
amendment incorporating such changes executed and approved pursuant to the State's Fiscal Ru les.
Notwithstanding thi s prov1s1on , changes ,n th e tim e of performance may be ag~eed to by letter ,f so
provided for in Exhib it A. and contrac:or may make adjustments of less th an 10 percent in budget line
items as provided for in paragraph 5 of this Contract .
Reports . At least two (2 ) copies of all reports prepared as a result of the Project will ~e submitted to
the Econom ic !Jevelopment Commission with in two (2) weeks of comp letion of such reports .
Page 3 of 7 Pages
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13. Conflict of Interest.
a . No employee of the Contractor shall perform or provide part-time services for compensation.
monetary or other.vise. to a consultant or consultant firm that has been retained by the
Contractor under the authority of this Contract.
b . The Contractor agrees that no person at any time exercising any function or responsibility, in
connection with the elements of this project that are financed with State funds . on behalf of
the Contractor shall have or acquire any personal financial or economic interest. direct or
indirect, which will be materially affected by this Contract. except to the extent that he may
receive compensation for his performance pursuant to this Contract.
c . A personal financial or economic interest includes. but is not limited to :
d .
i. any business entity in which the person has a direct or indirect monetary interest;
ii. any real property in which the person has a direct or indirect monetary interest;
iii. any source of income. loans. or gifts received by or promised to the person within
twelve (12 ) months prior to the execution date of this Contract;
iv. any business entity in which the person is a director. officer. general or li mi ted partner,
trustee , emp loyee . or holds any positi on of management.
For purposes of this subsection , indirect investment or interest means any investment or
interest owned by the spouse . parent, brother, sister, son . daughter, father-in-law,
mother-in-law. brother-in-law , sister-in-law, son-in-law , or daughter-m-law of the person by an
agent on his/her behalf, by a general. li mited . or silent partner of th e person. by any business
entity controlled by said person . or by a trust in wh ich he /she has substantial interest. A
business entity is controlled by a person if th at person . his/h er ac;ent. o r a rel ative as defined
above possesses more than fifty percent {50%) of the owners n 1p interest. Sa id person has
a substantial economic interest in a tr ust w hen th e person or an above-c e fi ned re la uv e has a
present or future interest worth more han One Thous and Do ll ars (S 1,000.00).
In the event a con fli ct of interest. as d escribed 1n thi s Paragraph 3 . cann ot be avo ided without
frustrating the purposes of this Contract. th e pe rson involved in such a con fli ct of interest shall
submit to the Contractor and the Slate a full disc losure statement setting forth the details of
such conflict of interest. In cases of extrem e and unacceptable conflicts of interest . as
determined by the Slate , the State reserves he ri ght to term inate the Contract for cause , as
provided in Paragraph 10 above . Fai lu re to file a disclosure statement required by this
Paragraph 13 sha ll constitute grouncs for term in at ion of this Contract for cau se by the State .
14. Compliance with App licab le Laws . At all ti mes during the performance of th is Contract . the Contractor
shall stnctly adhere to ail app ll caole eoeral ano Slate laws that have been or may herea fte r be e s-
tablished .
15. Subcontracts. Cop ies of an y and all subcontracts entered into by the Contractor to accomp li sh th is
Project will be submitted to th e Economic Development Commission upon request by the State. Any
and all contracts entered into by the Contractor shall comply with all appli cable federal and Colorado
state laws and shall :>e governed by th e laws of the State of Colorado notw1ths tand 1ng provisions
therein to the contrary .
16.
17 .
18 .
Severabili tv . To th e ex tent :h at this Contract may be executed and performance of the ob li gations of
the parties may be accomp lishec within l he intent of th e Contract. the ;erms of this Contract are
severable, and shou ld any term or provision hereof be declared invalid or become inoperative for any
reason, such invalid ity or fa il ure shall not affect the vali dity of any other :erm or provision hereof. The
waiver of any breach of a term hereof shall not be construed as wai ver of any o ther term .
Bindi ng on Suc cessors . E.<cept as herein other.vise prov ided. this agree m en t shall inure to the benefit
of and be binding upon lhe parties , or any subcontractors hereto. and th e ir respectiv e successors and
ass igns.
Assignment. Neither party. nor any subcontractors hereto . may assign its ri g hts or duti es under this
Contract without the pr ior :.ntten consent of the other party .
Page 4 of 7 Pages
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19. Limitation to Particular Funds . The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of
contracting for the services provided for herein, and therefore, the Contractor expressly understands
and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof
are not received by the State. the State may immediately terminate this Contract.
20. Minority Business Enterprise Part icipation . It is the policy of the State of Colorado that minority
business enterprises shall have the maximum practicable opportunity to participate in the performance
of its construction grant contracts . The Contractor agrees to use its best efforts to carry out this policy
to the fullest extent practicable and consistent with the efficient performance of this Contract. As used
in this Contract, the term "minority business enterprise· means a business. at least 50 perce nt (50%)
of which is owned by minority group members or, in the case of publidy owned businesses. at least
51 percent (51%) of the stock of which is owned by minority group members. For the purposes of this
definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans ,
Asian Americans, American Indians, American Eskimos and American Aleuts . The Contractor may
rely on written representations by bidders, contractors, and subcontractors regarding their status as
minority enterprises and need not conduct an independent investigation .
21 . Parties' Relationship . Except with respect to its fiduciary obligations to the State set forth in Exhib it
A, the Contractor shall not be deemed an employee or agent of the State . No agent or employee of
Contractor shall be or shall be deemed to be an employee or agent of the State . other than for
purposes of compliance with the fiduciary obligations to the State in Exhib it A. Contractor will be
solely and entirely respons ible for its acts and the ac ts of its agents . emp loyees and sub contractors
during the performance of this con tract.
Page 5 of 7 PagH
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or sue~ assistant as he may
designate. Th,s provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Coloraao payable after the current fiscal year are contingent upon funds for that purpose being appropriated.
budgeted and o:herwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance, or improvement of any
building, roaa . bndge, viaduct. tunnel, excavation or other public WOr1< for this State, tile contractor shall. before entering upon the performance of any
sueh work ,nctuded in this contract. duly execute and deliver to the State official who wdl sign the contract. a good and sufficient bond or other accectacle
surety to be approved by said official in a penal sum not less than on•haif of the total amount payable by the terms of th,s contract. Such bond shall
be duly executed by a qualified corporate surety. conditioned upon the faithful oerlonmance of the contract and ,n aad,tion . shall provide that ,f the
contractor or his subcontractors fail to duly pay for any labor. matenals. team hire. sustenance. prov1s1ons . provender or other supplies used or consumed
by sueh contractor or his subcontractor in performance of the work contrac:ea to be acne or fails to pay any person wno suppli es rental macninery.
toots . or equipment in the prosecution of the work the surety will pay the same ,n an amount not exceeding the sum spec,fiea ,n th e bona . together w,th
interest at the rate of eight per cent per annum. Unless sucn bond is executed . aelovered ana filed. no cta,m in favor of th e contrac:cr arising unoer such
contract shall be audited, allowed or paid . A certified or cashier's cneck or a bank money order ;:ayable to the Treasurer of the State of Colorado may
be accepted in lieu of a bond. This provision is ,n compliance with CRS 38-26-106.
INDEMNIFICATION
4 . To the extent authorized by law. the contractor shall ,naemn,ty , save and holo harmless the State . its employees ana agents. against any ana all
daims. damages. liability and court awards mciuCing ccsts . expenses . and attorney fees mcu rred as a resu lt of any act o r om1ss 1on by the contra c:or.
or its employees. agents. suocontractors . or assignees pursuant to the terms of tn,s contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contrac:or agrees to comply w,tn the lener and so ,rit of th e Colorado Ant1disc.-1m1nat 1on Act of 1957. as amended . and other aoolicacle aw
respec:1ng a,scr,m,nauonand unfair employment prac:,ce (CRS 24-34--402). and as reouireo by Executive Oro er . Equal Opponun ,ty and Affirmative Action.
dated April 16, 1975. Pursuant !l!er&ro. !he followmg prov1s1ons shall be conramed m all Srare conrracrs or sub-conrracrs.
During lhe performance of this contract. :ne contrac:cr agrees as follows:
(a) The contractor w,11 not a,scr1m1nate aga,nst any employee or applicant for employment because of race. creed. color. national origin. sex. mar1ta l
status . retig,on . ancestry, mental or pny s 1cal handicap. or age. The contractor w ,11 take affirmative acuon to insure that applicanrs are employed . and
that employ ees are treated during emolo y ment. 'N1thou1 regara to the above mentionea character1st1cs . Sue~ ac:,on sha ll ,nctude. but not be 1,m,tec to
the following : employment. ucgraoing, demotion. or transfer. recruitment or recruitment aov en1s 1ngs: lay-offs or term1nat1ons : rares of pay or other forms
of compensation: and selec11or. for training , ,nciuo,ng apprent,cesh,p. The contractor agrees to post ,n conso,cuous places . available to employees and
apphcants for employment. nouces to oe prov1oec by the contracung officer setting forth prov isions of this non~iscnminat1on ciause .
(b) The contractor w,11 . ,n all solicita11ons or aovenisements for employees placed by or on behalf of th e contractor. siate th a t all qua llfiea applicants
w,11 receive cons 1derat1on for employment wi thout regard to race . creed . color. national orig in. sex. marital status. re11g 1on . ancestry, mental o r ohys1cal
handicap, or age.
(c) The contractor w,11 send to eaeh labor un,on or representative of workers with which he has a co ll ec:,ve bargaining agreement or orher contrac:
or understanding. notice to be provldeo t>y 1he contracung officer. advising the labOr union or workers' representative of tne contractor's commitment
unoer the Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of th e rul es. regula11ons . and relevant Orders of the
Governor .
(d) The contracror and labo r unions w,11 fu rn ish all information and reports required by Execur ive Order. E~ual Opportunity and Affirmative Action cf
April 16. 1975, and by the rules. regula t1ons and Orcers of the Governor. or ~ursuant thereto. ana w ,11 perm,t access to his ~eeks . recorcs. arc
accounts by the contracting agency and the office of the Governor or n,s des,gnee for purposes of investigation to ascena,n compliance with sucn
rules . regu lations and orders.
(e) A labor organ,za11on w,11 not ex clu oe any individual o:herNos e qualified from full membership rights ,n such labor organiza11on . or expel any sucn
1ndiv1dua1 from membership 1n sucn 1aoor orgarnzauon or C1 sc:'1m 1nate against any of its memoers m the full en1oyment of work opoortun 1ty . ~eel use
of race . creea. color . sex . nat1onal or igin. or ancestry .
(f) A labor organ,zat,on. or the employees or members th ereof w,11 not aid , abet. incite . compel or coerce th e doing of any act defined ,n this contrac:
to oe a,scn m ,natory or obstruc: or prevent any person from complying with the prov,s,ons of 111,s contract or any order ,ssueo lhereunoer: or atterrct
either Oirec'.ly o r ,nairecUy , to commu any act cefined ,n tn,s contrac: to be d1scr1m1natory .
Form 6-AC-028
Rev,sed 1 /93
315-53--01-1022
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(g) In the event of the contraclClr's non-compliance w,th the non-0isaimination clauses of trus conlrad or with any such rules. regulations, or oraers.
1111s contraCI may be canceled. terminated or suspended in whole or in part and the contraC!Or may be declared ,netig,ble for further State contracts 1n
acc:onlance wtlll proceoures. aulhOnZed in ExeaJtive Order, Equal Opponunity and Affirmative ACIJOl'I al Apnl 16. 1975. or by rules. regulations or oraers
pronugated in acairaance therewith. and such other sanctions as may be imposed and remea,es as may oe invoiced as provided in Executive Order.
Equal Opponunoty and Affirmative Action of April 16, 1975, or by rules, regulatJons or orders promuigatea 1n accordance therew,11'1, or as otherwise
provided by law.
(h) The ContraC'.or w,11 ,ndude the provis10ns of paragraphs (a) through (h) in every sub-contract and subcantraaor purchase order unless exempted
by rules . regulatJons. or orders issued pursuant to Executive Order, Equal Opponun11y and Affirmative Aalon of Al)nl 16, 1975, so that such pravis10ns
will be binding upon each subcanlnlClar or vendOr. The contractor will take such actJOn with resoect to any suD-COntracting or purchase order as the
contracting agency may direct. as a means of enforcing such provisions. including sanctJons for non-compliance; provided. hOwever. lhat in the event
the contrador becomes involved in, or ,s threatened with, litigation. with the sul>CcntraC!Cr or VendOr as a result of such direction by the contracting
agency, the contractor may request the State of Colorado lo enter into such litigation to protea the interest of the Stale of COiorado.
COLORADO LABOR PREFERENCE
6a. Provis10ns of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to thos contraa if public works within the State are undenaken
hereunder and are financed in whale or in pan by Stale funds.
b. When a construction contrad for a public projea is to be awarded to a bidder. a resident bidder shall be allOwed a preference against a non-res,cent
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in wh1cn the non-resident bidder 1s a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsec11on .06 may cause denial of federal funds which would
otherwise be available or would otherwise be incorosistent with requirements of Federal law. this subseaion snail be suspended. but only 10 the extent
necessary to prevent denial of the moneys or to etominate the inconsistency with Federal reQuirements (CRS 8-1 g., 01 ano 102).
GENERAL
7. The laws of the State of Colorado ano rules and regulations issued pursuant tnereto shall be applied 1n the 1nterpretat1on . execution, and enforcement
of this contract. Any provision of thos contraa whether or not incorporated herein by reference wnicn provides tor arbitration by any extra-Judicial bcdy
or person or which is otherwise ,n conflict with said laws. rules. and regulations shall be considered null ano vo,o. Nothing contained in any provision
incorporated hereon by reference which purpons to negate this or any other speoal provision 1n whole or in part shall be valid or enforceable or available
in any action at law whether by way of complaint. defense. or omerwose. Any provis10n rendered null and void by the operation of thos provision w1 il no t
invalidate the rernairoder of this contract to tne extent that the contraCI is capable of execution .
8. At all times Ounng the performance of th is contract :he Contrac:or shall stricdy adhere to all applicable federal and state laws. rules ana regula tions
that have been or may hereafter be es1aD1ished .
9. Pursuant to CRS 24-30-202.4 (as amended). the stale controller may withhold Cebts owed to state agencies under the vendor offset intercept sy s tem
for : (a) unpaid cn11d suppon deot or child support arrearages; (b) unpaid balance of tax. accrued interest. or other cnarges specified 1n Amcie 22. Title 39.
CRS; (c) unpaid loans cue to tne student loan division of the depanment of higher eoucation; (d) owed amounts required to oe paid to the unemploym ent
CQml)enSatlOO fund ; ana (e) other unpaid debts owing to the state or any agency thereof. the amount of wh1cn 1s ro und to be owing as a result o f 'lna l
agency delennonabOn or reduced to Judgement as certified by the controller .
10. The signatories aver that they are familiarwilh CRS 18-8-301 , et. seQ .. (Bribery and Corrupt Influences) and CRS 1 s-a...:01 . et. seq .. (Abuse of P u chc
Office), ana that no vl0iat10n of sucn provisions 1s present.
11 . The signatories aver that to their knowledge. no state employee has any personal or beneficial interest whatsoever in the service or proceny
descnbeO here,n :
IN WITNESS WHEREOF. the panies hereto have executed this Contraa on the cay first abov e written.
Contractor :
CITY OF E>IGLEWOOD
(Full Legal Name)
Thanas J. Burns
Pos1bon (TiUe),_-""Ma"'-'y'"o"r._ _____________ _
s~-60005s3
(If Corporation ·)
Attest (Seal )
By----------------------
Coroor M S.o~. u, EQM!,;..,., f owr,C,ly,CQurlfv .:: ....
Loucrishia A. Ellis, City Clerk
PRE-APPROVED FORM CONTRACT REVIEWER
By
E, an :-.1e1calf
STATE CF COLORADO
BILL OWE:-,is. GOVERNOR
By~----=,----------------
For the E.<e •:UTIV E D IRECTOR . F. Robert Lee
DEPARTMENT
OF Co lo rado Office of Ec onomic Dev elopment
APPROV ALS
STATE CONTROLLER
Arthur L. Barnhart
By_-:---::-.,,---------------
Tern Bell
Fam, 6,AC -i2C
-719 7
Jt15.53-i1 -10Jo Page ..1._ whlCh 1s the last of .2.._ Pa,;es
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EXHIBIT A
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SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC #470
ExHIBITA
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Description and Requirements
The Project consists of providing the Contractor with matching funds for the promotion of economic
development in the Arapahoe County Enterprise Zone area. These funds shall be used for the purposes
of promotional activities that will market and advertise the advantages of locating a business in the
contractor's enterprise zone area, create a positive identity for the enterprise zone area. encourage
retention and expansion of existing businesses, promote redevelopment, expand the region's tourism
industry, attract new businesses. and generally enhance the economic growth of the enterprise zone
area . Such activities shall include the preparation, production . and/or distribution of market research,
printed materials, direct mail campaigns, print media advertising, trade show promotions, special events,
direct business prospect visitation . and other closely related activities . No more than 25 percent of
these funds may be used to pay for contractor's administrative or staff costs .
Contractor may allocate funds to one or more subcontrac:ors involved in promotion and economic
development activities in the enterprise zone . Contrac:or sna il be respons ibl e for ensuring and
documenting the expenditure of the required local matching funcs by Contrac:or or by its
subcontractors .
The contribution from the Economic Development Fund nder this Contrac: shall not exceed the amount
of local matching funds expended on th1!: pro1ect or SE VEN TH OUSAND FIVE HUNDRED dollars
($7 5001 , whichever is less . All pro1ect costs in excess of thi s amount will be the res;ions1b ili ty of the
Contractor. Contractor shall match E.0 .C . fun ds used on thi s proJec t with at least a dollar-for-dollar
cash match from local sources . Local expend itures on enterp nse :one marketing pro1ects incurred prior
to th e effectiv e date of this pro1ect but subsequen t to January . 2 C01, ma y :ie counted tow ard the
matching funds requirement. prov ided th at such expend it ures have not :ieen used to meet other state
contractua l matching fund requirements .
The performance of the services req ui red hereunder snail be under the direct supervision of Darren
Ho lli ngswor1h , an employee or agent of Contractor, who is hereby des ignated as the admini-
strator-in-charge of this Project.
2. Time of Performance
The Project shall commence upon executi on of this Contrac t. The Contrac: will expire on Ju ne 30.
:,:::, a::.:3;:! ::"":st :~a C::-:!:-::~ ;;.::?'/ :e ~~::;:;::e~ :? ~~x::":"::.;~ :! -: : ;.::-::~~ ::.::;e:: :: ~~e ;.:..:~:.:::?!
agreement of the State and the Contractor. A request for extension by the Contractor shall be
submitted to the State at least 30 days prior to the expiration of the Contract with a full j ust ifi cation for
the extension request.
EDC # 470 -Exhibit A
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3. Budget
REVENUE EXPENDITURES
E .D.C. Funds 57 ,500
Local Funds 7,500
TOTAL: $15,000
Market Research, Publications. Advertising,
Special Events, and Direct Mar1<eting for the
Arapahoe County Enterprise Zone Program
Zone Administration
TOTAL:
$11,250
3,750
$15,000
4. Payment Schedule
I. $6,500
II.
Initial payment to be paid upon request by the contractor following the execution of this
contract; or
Interim payments to be paid upon request and the submission of proper documentation
of expenditures of E .D.C . and local funds and work progress .
Ill. 1,000 Final payment to be made upon satisfactory completion of the Project. The Contractor
will submit a final financial and narrative report documenting the expenditure of all
E .D C. funds for which payment has been reques ted and of matching local funds .
$7,500 TOTAL
Requests for payment will be initiated by the Contractor in accordance with the prov isions of Paragraph
6 of the main body of this contract.
5 . Monitoring
Colorado Economic Development Commission staff will monitor th is Project on an as-needed basis.
6 . Reporting Schedule
The Contractor will submit an interim financial and narrauve report property documenting all expenditures
of E.D.C. funds at the time interim payments are requested . The Contractor will submit a final financial
status report property documenting all expenditures of E.D.C. funds at the time the final payment is
requested , in accordance with the payment schedule .
EDC # 470 • Exhibit A
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STATE OF COLORl\00
EXECUTIVE CHAMBERS
1 36 Scare Caporol
Denver. Colorado 80203-1792
Phone ()03) 8&&-24;1
August 25. 2000
Jim Kenyon. Chairman
Colorado Economic Development Commission
1625 Broadway, #I iOO
Denver. CO 30202
RE: 2000-2001 Emerprise Zor.e :Vlarketing Grants
Dear Jim:
8111 Owen\
Go vernor
In accordance with CRS 24--+6-105, I have authority to re view and appro ve
recommendations by the Colorado Economic De veiopment Commission for expenditures
from the Economic Development Fund . I ha ve reviewed the emerprise zone marketing and
administration grant projects as specified on the attached list and hereby approve the
expenditure ofup to a total ofS300.000 from the Colorado Economic De ve lopmem Fund
for these projects .
Attachment
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#469
#470
#471
#472
#473
#474
#475
#476
#477
#478
#479
#480
#481
#482
#483
#484
#485
• #486
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Colorado Economic Development Commission
2000-2001 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
Adams County Economic Development, Inc .
City of Englewood (Arapahoe County EZ)
Denver Urban Economic Development Corp .
East Central Counc il of Local Governments
El Paso County
Greeley/Weld Economic Development Action Partnership, Inc .
South Centra l Counc il of Governments
Jefferson Econom ic Counc il , Inc .
Larimer County
Western Colorado Business Development Corp. (Mesa County EZ)
Northeast Colorado Association of Local Governments
Associated Governments of Northwest Colorado
Pueblo County
Region 1 O League for Economic Assistance & Planning
Upper Arkansas Area COG (San Luis/Upper Arkansas EZ)
Southeast Colorado Enterprise Development, Inc.
Region 9 Economic Development District of Southwest Colorado
Enterprise Zone Trade Show Marketing (East Central COG)
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$10 ,500
7 ,500
10,500
22.000
7 ,500
10 .500
22 .00 0
7 ,500
7.5 00
22 .000
22 .00 0
22 .0GO
10 ,500
22.000
22 .00 0
22.000
22.000
30 .000
$300,000
I . C,
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ORDINANCE NO.
SERIES OF 2001
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BY A THORITY
COUNCIL BILL NO . 32
INTRODUCED BY COU C IL
MEMBER GARREIT
AN ORDINANCE AMENDING TITLE 11. CHAPTER 1, SECTION 1, SUBSECTIO
B , PARAGRAPH 10 .5. OF THE ENGLEWOOD MUNICIPAL CODE 2000,
RELATING TO TRUCK TRAFFI C CONTROL DE\ll CES .
WHEREAS , the City has previously adopted the Model Traffic Code for olorad o
Municipalities , 1995 Edition ; a nd
WHEREAS , Ordinance 9 . Series of 1999 , amended the Ylodel Traffic Co d e
regarding official truck control devices ; and
WHEREAS , this Ordinance will clarify that amendment;
'.'JOW , THEREFORE . BE IT ORDAi ED BY THE CITY COU ::S:CIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLO\.\IS :
Secuon 1. The City Co uncil of the City of Englewood , Co lor ado her eby a mend s T itle
11 , Chapter 1, Section 1, Paragraph B , Number L0 .5 , of the Englewoo d Municipal
Co de 2000 . to read as follows:
11 -1-1: ADOPTION OF CO DE :
11-1-l {B) (10 .5)
Pa r t 6 , Section 603 , OBEDIE'.'JCE TO OFFICIAL TRAFFI C
O:siTRO L DE\llCES, 1s amended by the addition of a new
paragraph (5) obedience to officia l t ruck traffi c co ntrol d ev ices . w h1 ch
s hall r ea d a follows :
{5} O BEDIENCE TO OFFI CIA L TRUCK TRAFFIC CO. TROL
DE\ll CES: A11) , ehtele .. hieh ~ No operator or driver of a
truck or co mmercial vehicle shall disobey officia l traffic co ntrol
devices relating to or co nce rning truck r outes or vehicle weight
restrictions within the City of Englewood . except as provided bv
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Section 2 Safety Clauses The City Council he r eby finds , determines , a nd
declares that this Ordinance is promulgated under the general police pow er of the
City of Englewood. that it is promulgated for the health . safety , and welfare of t h e
public, and that this Ordinance is necessary for the preservation of health and s afety
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 aought to be obtained.
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Sectjon 3 Seyerabj)jty If any clause, sentence , paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for a ny
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.
Sectjon 4 Inconsistent Ordjnances 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.
Sectjon 5 Effect, of repeal or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well a s 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 .
Sectjon 6 fe.na.ltv.. The Penalty Provision of Section 1-4-1 EMC s hall apply to
each and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the 6th day of August.
2001.
Published as a Bill for an Ordinance on the 10th day of August. 2001.
Read by title and passed on final reading on the 20th day of August, 2001.
Published by title as Ordinance No ._, Series of 2001 , on the 24th day of
August , 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 2001.
Loucrishia A. Ellis
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BY AUTH ORITY
ORDINANCE NO .
SERIES OF 200 1
COU C IL BILL NO . -17
I NTRODUC ED BY COl.iNCIL
ME MBER BRADSHAW
AN O RDI NA NCE APPROVl NG A RATE I N CREASE TO THE STORM\VATER F U D
FO R THE DARTMO UTH AVENUE STORM SEWER PROJE CT .
WH E RE A S . the Stormwater Fund was esta blis h e d in 19 85. to provide syst e m
ma111te n a nce , NPDES permitting plan reviews a nd fie ld locates b ut did n ot p r ovide fo r
mai or ca pita l improveme nts and reha bilitation : a nd
WHEREAS , the Englewood U tilities De p a rtm e nt co nducted a n inve ntory stu dy of
t h e City's s torm sewe r system a nd found a storm sewe r lin e m the 140 0 t hrou gh t h e
24 00 block s of West Dartmouth Ave nue m n eed of r e h a bilitation ; a nd
WHEREAS , t h e exi s t ing s torm se w e r h as e xp e rienced degrada tion to a leve l t h at
imm edia t e rehabilitation is nece ssary s m ce t h e lowe r portion of the line is compl e t ely
dis integrate d ; a nd
WHEREAS, in J a nua ry 2000, the C ity Co uncil granted a pprov a l fo r professional
design services to prepare a complete set of co n s truction dra wm gs fo r the Da r t mouth
Ave nue Storm Se wer Rehabilitation Project ; a nd
WHEREAS . a r a t e in crea se was deeme d necessary to fi n a n ce t h e r eve nue bo nd
issu ed for the Da rtmouth Avenue St orm Sewe r Re h a b1hta t1 on Proiect; a n d
WHEREAS , c urre nt fund s a r e not a de qua t e t o m eet proposed bond ob li gation s : a n d
WHEREAS . this O rdinance would m cr ease fe es t o fin a n ce the r e ve nue bo n ds issu ed
fo r t he Dartmouth Ave nue S t orm Sewer Re h a b il1tat1on Proiect:
NOW , THEREFORE . BE IT ORD AINED BY T H E C ITY COUNC I L OF T H E C ITY OF
ENG LEWOO D, CO LO RAD O, AS F O LL O WS :
Se ct10n 1. The City Co unci l of the Ci r y of E n glewood. Co lor ado h e r eby a u t hori zes
a mending Title 12, C h a pter 5, Secti on 6 , of t h e En glewood Municip a l Code 2000 . to
re a d a s follows :
12-5-4: User Fees.
E . The Englewood City Council hereby gives approva l fo r establis hme nt of the
following Storm Water Users fees:
Single-Family Residential: Flat rate charge of si,c elellars eigk~ ee,us (6 6 .88)
siJteen dollara and sinv six cents (Sl6 66} per ye ar to be bille d qua rte rl y
with the water and sewer billing.
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All other classes of customers will be billed 59 .9911116 $0.00554 per square
foot of impervious area within their property boundaries with a minim um
annual billing of ei:lt aeH11:r11 ei,;ht, eente ~56.89~ sixteen dollars and sixty six
cents ($16 66) to be billed quarterly with the water and sewer billing.
Introduced, read in full , and passed on first reading on the 6th day of August, 2001.
Published as a Bill for an Ordinance on the 10th day of August, 2001.
Read by title and passed on final reading on the 20th day of August, 2001.
Published by title as Ordinance No._, Series of 2001 , on the 24th day of
August, 2001.
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO.
SERJES OF 2001
BY AUTHORJTY
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COUNCIL BILL NO. 48
INTRODUCEDBY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE OF THE CITY OF ENGLEWOOD. COLORADO. ACTING BY AND
THROUGH ITS STORM WATER ENTERPRJSE. AUTHORJZING THE ISS A CE OF
STORM WATER ENTERPRJSE REVENUE BONDS , SERJES 2001. FOR THE PURP OSE OF
FINANCING CAPITAL IMPROVEMENTS FOR USE IN ITS STORM WATER
ENTERPRISE; PRESCRIBING THE FORM OF THE BONDS ; PROVIDING FOR THE
PAYMENT OF THE BONDS FROM THE OPERATION OF THE STOR:\I \VA TER
SYSTEM ; AND PROVIDING OTHER DETAILS AND APPROVING DO C MENTS IN
CONNECTION WITH THE BONDS .
WHEREAS , the City of Englewood, Colorado is a municipal corporation duly organi zed
and operating as a home-rule city under Article XX of the Constitution of the State of Co lorad o
and the Charter of the City (unless otherwise indicated. capitalized terms used in thi s preamble
shall have the meanings set forth in Section I of this Ordinance ): and
WHEREAS , as codified in Title 12. Chapter 5 of the Municipal Code. the City ha
established its Storm Water Enterprise; and
WHEREAS. the Storm Water Enterprise constitutes a ··water activity enterprise .. within
the meaning of the Title 37. Article 45.1 , C.R.S .. and a government-owned business which is
authorized to issue its own revenue bonds and which receives under I 0% of annual re\"enue in
grants from all Colorado state and local governments combined. and it is hereby determined that
the Stonn Water Enterprise is an enterprise within the meaning of Article X. Section 20 of the
Colorado Constitution: and
WHEREAS , the Council has heretofore determined and does hereby determine that it is
necessary to construct, acquire and install the capital improvements which will comprise the
Project for the benefit of the City and its inhabitants ; and
WHEREAS, pursuant to Section I 05 of the Charter the City may issue revenue bonds as
provided for municipalities by State statute and revenue bonds for a stonn water enterprise are
permined under Title 31 , Article 35. Part 4, C .R.S . and Title 37 , Article 45. I , C.R.S .; and
WHEREAS, the Council does hereby determine that it is in the best interests of the City.
and the residents thereof, that Storm Water Enterprise Revenue Bonds. Series 2001 be issued to
finance the Project; and
WHEREAS , the Council has been presented with a proposal from George K. Baum &
Company, of Denver, Colorado, to purchase the Bonds upon specified tenns and conditions and.
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after consideration. the Council has determined that the negotiated sale of the Bonds to sa id
company is to the best advantage of the City ; and
WHEREAS, the City has no Outstanding bonds or other obligations having a first lien on
the Net Revenue of the Storm Water Facilities: and
WHEREAS, the City Council desires to authorize the issuance and sale of the Bonds and .
as provided in Title 11 , Article 57 , Part 2. C.R.S .. delegate the authority to the Director of
Finance and Administrative Services to determine the Dated Date. interest rates and annual
maturities for the Bonds, as well as the dates on which the Bonds may be redeemed and the
existence of any capitalized interest, in accordance with the provisions of this Ordinance ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO AS FOLLOWS :
Section 1. Definitions. As used herein. the following capitalized terms shall have
the respective meanings set forth below. unless the context indicates otherwise.
"Acts" means the Charter, Title 12 , Chapter S of the Municipal Code: Title 37.
Article 45.1 , C .R .S .; Title 31. Article 35. Part 4, C.R.S .: and Title 11. Article 57 , Part 2. C.R .S.
"Beneficial Owner" means any person for which a Participant acquires an interest in the
Bonds.
"Bond Account'· means the ·'Storm Water Enterprise 2001 Bond Account," established by
the provisions hereof for the purpose of paying the principal of, prerniwn if any , and interest on
the Bonds, including the Interest Subaccount and the Principal Subaccount.
"Bond Cormser' means (a) as of the date of issuance of the Bonds, Kutak Rock LLP, and
(b) as of any other date. Kutak Rock LLP or such other attorneys selected by the City with
nationally recognized expertise in the issuance of municipal bonds.
"Bond Purchase Agreement" means the agreement between the City and the Purchaser
concerning the purchase of the Bonds by the Purchaser and the delivery of the Bonds by the City,
and setting forth among other things the Dated Date, interest rates and annual maturities for the
Bonds, as well as the dates on which the Bonds may be redeemed and the existence of any
capitalized interest.
·'Bond Registrar" means The Bank of Cherry Creek. N.A., in Denver, Colorado, which
shall perform the function of registrar with respect to the Bonds .
·'Bonds" means the Storm Water Enterprise Revenue Bonds, Series 200 I , authorized by
this Ordinance.
··Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which
banking institutions in the State are authorized or obligated by law or executive order to be
closed for business.
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'·Capital Improv ements·• means the acqu1s1t10n of la nd . easements . facilities and
equipment (other than ordinary repairs and replacements). and the construction o r reconstruction
of improvements. betterments and extensions. for use by or in connection 'with the Storm Water
System which , under Generally Accepted Accounting Principles for governmental units as
prescribed by the Governmental Account Standards Board . are properl y chargeable as capital
items.
"Cede " means Cede & Co ., the nominee of OTC as record owner of the Bonds. or any
successor nominee of OTC with respect to the Bonds.
"Certified Public Accountant" means an independent certified public accountant within
the meaning of§ I 2-2-115 , C .R.S ., and any amendment thereto. licensed to practice in the State
of Colorado.
"Charter" means the home rule Charter of the City .
"City" means the City of Englewood. Colorado. acting by and through its Storm Water
Enterprise.
·'Code'' means the Internal Revenue Code of 1986. as amended .
'·Co mbined Maximum Annual Principal and Interest Requirements" means. with re s pect
to the Bonds or an issue of Parity Lien Bonds for which such term is used. an amount equal to
the maximum amount required to be paid in any single current or future calendar year as the
principal of (including any mandatory sinking fund requirements) and interest on Outstanding
Bonds or Parity Lien Bonds, respectively , excluding any such bonds which have been defeased
pursuant to the terms of the authorizing documents . For purposes of calculating the Combined
Maximum Annual Principal and Interest Requirements in any calendar year of final maturity of
the Bonds or an issue of Parity Lien Bonds. respectively. there shall be subtracted from the final
principal payment for said bonds any cash or the present value of any investments deposited in a
reserve fund or account established pursuant to the authorizing documents which are properl y
allocable to said bonds. For purposes of calculating the Combined Maximum Annual Principal
and Interest Requirements for any issue of securities bearing a variable. adjustable or other
similar rate which is not fixed for the entire term thereof, it shall be assumed that any such
securities Outstanding at the time of computation will bear interest during any period. if the
interest rate for such period has not been determined . at a fixed rate equal to the highest rate
borne during the preceding 36-month period or. if the securities have not been outstanding for a
36-month period, two-hundred basis points above the rate borne by said securities on their date
of issuance.
"Continuing Disclosure Undertaking" means the Continuing Disclosure Undertaking of
the City executed and delivered by the City in connection with the issuance of the Bonds to
facilitate compliance with Securities and Exchange Commission Rule 15c:2-12 (17 C.F .R . §
240.15c2-12).
"Consulting Engineer" means any qualified. registered or licensed professional engineer
practicing under the laws of the State of Colorado. who is independent in fact and not an officl!r
or employee of the City.
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"Councif' means the City Council of the City acting as the governing body of the Storm
Water Enterprise .
··C. R.S." means the Colorado Revised Statutes, as amended and supplemented as of the
date hereof.
.. Dar ed Dare ·• means the dated date for the Bonds as established in the Bond Purchase
Agreement.
·'Defeasance Securiries" means bills. certificates of indebtedness . note s. bonds or si milar
securities which are direct non-callable obligations of the United States of America or which are
fully and unconditionally guaranteed as to the timely payment of principal and intere st by the
United States of America .
·'Depository" means any securities depository as the Ci ty ma y pro\·ide Jnd a pp o int. in
accordance with the guidelines of the Securities and Exchange Commission. which s hall act as
securities depository for the Bonds .
"DTC' means the Depository Trust Company , New York. New Yo rk . and its successo rs
and assigns .
"DTC Lener of Represenrarions·· means the OTC Lener of Representations from the C ity
to OTC, dated December 29, 1998 , to induce OTC to accept securities of the City as eligible for
deposit at OTC.
"Event of Default" means any one or more of the events set forth in the Section here of
entitled .. Events of Default ."
·'Fiscal Year" means the 12 months commencing January I of any year and ending
December 31 of said year .
.. Gross Revenue" means all income and revenues directly or indirectly derived by the
City from the operation and use of the Storm Water Enterprise. including without limitati o n. an y
rates. fees and charges for the services furnished by , or the use of. the Storm Water Enterprise.
and all income attributable to any past or future dispositions of property or ri ght s or related
contracts. settlements or judgments held or obtained in connection with the Sto rm Water
Enterprise or its operations, and including investment income accruing from mo ne ys held to the
credit of the Storm Water Enterprise Fund ; provided however , that there shall be excluded from
Gross Revenue any moneys borrowed and used for providing Capital Improvement s: any money
and securities, and investment income therefrom , in any refunding fund . escrow account or
similar account pledged to the payment of any bonds or other obligations: and any moneys
received as grants or appropriations from the United States. the State of Colorado or other
sources, the use of which is limited or restricted by the granter or donor to the provi s ion of
Capital Improvements or for other purposes resulting in the general unavailability thereof. except
to the extent any such moneys shall be received as payments for the use of the Storm Wa ter
System, services rendered thereby. the availability of any such service or the disposal of any
commodities therefrom .
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"Interest Payment Date"' means each June I and December I. commencing December I.
2001.
"Interest Subaccount" means a subaccount of the Bond Account reaffirmed by the
provisions hereof for the purpose of paying the interest on the Bonds .
··Municipal Code"' means the City of Englewood Municipal Code. as amended .
'·Net Re11enue·' means the Gross Revenue after deducting the Operation and Maintenance
Expenses .
"Official Statement" means the final version of the Preliminary Official Statement.
"Operation and Maintenance Expenses .. means all reasonable and necessary current
expenses of the City, paid or accrued , for operating , maintaining and repairing the Storm Water
System , including without limitation legal and overhead expenses of the City directly related to
the administration of the Storm Water Enterprise. insurance premiums. audits . charges of
depository banks and paying agents , professional services. salaries and administrative expenses .
labor and the cost of materials and supplies for curre-nt operation: provided however. that there
shall be excluded from Operation and Maintenance Expenses an y allowan~e for depreciation .
payments in lieu of taxes or franchise fees. legal liabilitie s not based on contract. expen ses
incurred in connection with Capital Improvements. payments due in connection with any bonds
or other obligations, and charges for the accumulation of reserves .
·'Ordinance" means this ordinance which authorizes the issuance of the Bonds. including
any amendments properly made hereto.
'"Outstanding" means, as of any date , all Bonds and Parity Lien Bonds , except the
following : (a) any Bond cancelled by the City or the Paying Agent , or otherwise on the City·s
behalf. at or before such date; (b) any Bond held by or on behalf of the City ; (c) any Bond for the
payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of
the payment requirements of the principal of, interest on. and any premium due in connection
with the redemption of such Bond to the date of maturity or any redemption date thereof. shall
have theretofo1e been deposited in trust for such purpose in accordance with the section hereof
entitled "Defeasing ;·' and (d) any lost , apparently destroyed, or wrongfully taken Bond in lieu of
or in substitution for which another bond or other security shall have been executed and
delivered .
"Owner" means the registered owner of any Bond. as shown by the registration books
maintained by the Bond Registrar .
"Parity lien Bonds" means one or more series of additional bonds. notes. interim
securities or other obligations issued by the City pursuant to the Section hereof entitled
"Additional Bonds."' having a lien on the Net Revenue which is on a parity with the lien of the
Bonds .
·'Parity Reserve Amount" means , as of any date on which it is calculated with respect to
any issue of Parity Lien Bonds, the least of (a) I 0% of the principal amount of said Parity Lien
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Bonds, (b) the maximum annual debt service in any calendar year on said Parity Lien Bonds or
(c) 125% of the average annual debt service on said Parity Lien Bonds ; provided. however. that
the Parity Reserve Amount may be reduced if, in the opinion of Bond Counsel. the funding or
maintenance of it at the level otherwise determined pursuant to this definition will cause the
reserve account for such Parity Lien Bonds to exceed the amount permitted by the Code to be
invested in higher yielding investments as a reasonably required reserve am ount and replacement
fund .
"Participants·• means any broker-dealer, bank or other financial institution from time to
time for which DTC or another Depository holds the Bonds.
"Paying Agent" means The Bank of Cherry Creek, N.A.. in Denver. Colorado. or its
successor, which shall perform the function of paying agent with respect to the Bonds .
"Paying Agent and Registrar Agreement" means the agreement dated as of the Dated
Date , between the City and the Paying Agent/Bond Registrar, concerning the registration.
transfer, exchange and payment of the Bonds.
··Permitted Investments'' means any lawful investment permitted for the investment of
funds of the City by the Charter and the laws of the State.
"Person'' means a corporation. firm. other body corporate , partnership. association or
individual and also includes an executor. administrator. trustee. receiver or other representative
appointed according to law.
''Preliminary Official Statement'" means the Preliminary Official Statement concerning
the Bonds and the City used in connection with the marketing of the Bonds.
·'Principal Payment Date"' means any maturity date for a Bond as establi s hed purs uant to
Section 3 hereof and any date on which a Bond is called for prior redemption pursuant to ection
4 hereof.
"Principal Subaccount" means a subaccount of the Bond Account reaffirmed by the
provisions hereof for the purpose of paying the principal of and premium. if any. on the Bonds .
"Project" means the construction , acquisition and installation of Capital Improvements to
the Storm Water System and such other improvements as determined by the Council. including
all necessary or appropriate appurtenances, property rights and equipment .
"Project Account" means the "Storm Water Enterprise 2001 Bond Project Account:'
established by the provisions hereof for the purpose of paying the Project Costs .
"Project Costs" means the City 's costs properly attributable to the Project or any part
thereof and permitted by the provisions of the Acts, including without limitation : (a) the costs of
labor and materials, of machinery , furnishings and equipment. and of the restoration of property
damaged or destroyed in connection with construction work; (b) administrative and general
overhead costs ; (c) the costs of reimbursing funds advanced by the City in anticipation of
reimbursement from Bond proceeds, including any intrafund or interfund loan: (d) the costs of
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surveys. appraisals. plans, designs. specificati ons a nd estim ates: (e) the costs o f is uing the
Bonds; and (f) all other lawful costs as determined by the City Manager.
·'Pro Rara Portion .. m eans when used with respect to a required c redit to the Principal
Subaccount or the Interest ubaccount, the do ll a r a m o unt deri\·ed by dividing the am ount of
principal o r interest to come due o n the next pr incipal or intere st payment date by the number of
m onth ly credi ts required to be m ade prior to such pay ment date .
.. Purchaser .. means George K . Baum & Company. the o riginal purchaser of the Bo nd s .
'·Rarin g Agency .. means Fi tch IBCA .. l ood y"s In vesto rs Ser vice. Inc . or tand:ird &
Poor's Ratings ervices. a Divisio n o f The McGraw-Hill Companies. In c .
.. Record Dare .. means the fifteenth day of the calendar mo nth next preceding each
Interest Pay ment Date .
'·Required Resen·e Amount'' mean . a of any da te o n which it is calculated. the le:ist of
(:i) 10% of the principal a m ount of the O ut standing Bonds. (b) the m axim um annua l debt e rvice
in a ny calend ar year o n the Outstanding Bonds o r \C) 12'% of the average annual debt se rvice on
the Outstanding Bonds; provided. however. that the Requi re d Re serve Amount may be reduced
if. in the o pinion of Bo nd Counsel. the funding o r maintenance of it at the level o therwi e
dete rm ined pursuant to this defimuon will au e th e Reserve Accou nt to exceed the amount
permitted by the Cod e to be invested in highe r yield ing investments as a rea so n:ibly required
re serve amount and repl aceme nt fund .
.. Reserve Acco1111t'' means a s pecial :i count oi' the City designated as the ·· torm W:iter
Enterprise 200 I Bo n d Re erve A ount... re:ited by this O rdinance fo r the purpose o f paying. if
necessary , the principal of. premium if :in). and interest o n the B nd .
.. Reserve Acco11111 Comract .. means a ~urety bond. insu r ance policy . letter of credi t.
in vestment agreemen t. investment omra t o r imilar instrument.
·· pecial Record Dare .. means the record da te for determining Bond o wners hip fo r
purposes of payi n g defaulted interest. as such date ma _ be determined purs uant to thi s
Ordin ance.
·· la te'' means th e State of olorado .
··Srorm Warer Em erpnse Fwu/' means the to rm Water Fu nd o f the ity ,, hich acco unt s
for the financial activity of the 1o m1 Water Enterpr ise Fun d .
"Srorm Wa re r Sysrem .. means all of the Ci1y·s to rm water facilities including wnho ut
limitation interests in real and personal property now o wned o r here:ifter acqui red wheth e r
s ituated within or without the City boundaries and all pre sent o r future improvements .
extensi ons, enlargements, betterments, replacements and additions thereto .
·'Srorm Water Enterprise'· means the Storm Water Enterprise as established by City
Ordinance No . 20, Series 1993 , as said ordinance may be amended from time to time .
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"Subordinate Lien Bonds" means one or more series of additional bonds. notes. interim
securities or other obligations issued by the City pursuant to the Section hereof entitled
"Additional Bonds."' having a lien on the Net Revenue which is subordinate or junior to the lien
of the Bonds.
"Tax Lefler of Instructions" means the Tax Lener of Instructions, dated the date on which
the Bonds are originally issued and delivered to the City by Bond Counsel , as such instructions
may be superseded or amended in accordance with their terms .
Section 2. Authorization . In accordance with the Constitution of the State: the Acts:
and all other laws of the State thereunto enabling, there shall be issued by the City , acting by and
through its Storm Water Enterprise, the "Storm Water Enterprise Revenue Bonds. Series 200 I."'
in the aggregate principal amount of $1 ,675,000, for the purpose of paying the Project Costs.
The accomplishment of the Project is hereby authorized. approved and ordered and it is hereby
determined that the Bonds mature at such time not exceeding the estimated life of the Project.
Section 3. Bond Details .
(a) Registered Form, Denominations, Original Dated Date and Numbering .
The Bonds shall be issued as fully registered bonds. shall be dated as of the Dated Date.
and shall be registered in the names of the Persons identified in the registration books
maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in
denominations of $5 ,000 in principal amount or any integral multiple thereof. The Bonds
shall be consecutively numbered, beginning with the number one, preceded by the letter
'-R."
(b) Maturity Dates, Principal Amounts and Interest Rates. The Bonds s hall
mature on December I of the years and in the principal amounts. and shall bear interest at
the rates per annum (calculated based on a 360-day year of twelve 30-day months ) se t
forth in the Bond Purchase Agreement. The City Council hereby delegates to the
Director of Finance and Administrative Services the authority to determine the Dated
Date. the price at which the Bonds will be sold. the amount of principal of the Bonds
maturing in any particular year and the rate of interest on the Bonds . The maximum net
effective interest rate authorized for this issue of Bonds is 7 .50% per annum and the
actual net effective interest rate of the Bonds shall not exceed such maximum rate .
(c) Accrual and Dates of Payment of Interest . Interest on the Bond s shall acc rue
at the rates established pursuant to paragraph (b) of this Section. from the later of the
Dated Date or the latest Interest Payment Date (or in the case of defaulted interest. the
latest date) to which interest has been paid in full and shall be paya ble on each Interest
Payment Date .
(d) Manner and Form of Payment . Principal of each Bond shall be payable to
the Owner thereof upon presentation and surrender of such Bond at the principal office of
the Paying Agent in the city identified in the definition of Paying Agent in the Section
hereof entitled ··Definitions" or at such other office of the Paying Agent designated by the
Pay ing Agent for such purpose. Interest on each Bond shall be payable by check or draft
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o f the l\i)tng Age nt mailed on each !merest Pa:ment Date 10th O"nc:r then.:or.:i s o f the
lo e of bus mess on the corresponding Re ord Date : pro,·1ded ho,,e, er. an: such ime re s t
not ·o umely paid or duly provided for shall cease to be paya le 10 the person "ho is the
O\\ner thereof at the clo e of business on the Re ·ord Date and -hall e payable to the
pe rson \\ ho is the wner thereof at the lo e o f bus me s n a pe ial Record Date for the
pa: ment of any uch defaulted interest. Notice of the pe ial Re ord Date ·hall be gi\'en
to the Owners of the Bonds not less than te n { 10) da:. prior the~eto. : 11rs t-cla ss mail to
each s uch Owner. as s hown o n the regi tration b o ks kept b_ the Registrar. on a date
selected by the Paying Agent. s tatin g the date of the Special Record Date and the date
fixed fo r the payme nt of s uch defaulted intere s t. I mere st p : ab le to an: (h, ner a ~
provided in thi s paragraph may be paid by any o ther means agreed to > such O" n..:r and
the Paying Agent that does not require the Ci ty to make mo ne:· a\'ailable to the P, y111g
Agent earlier than o th erwise required hereunder o r increase the co ts borne by the -11,
hereunder. All payments of the pri ncipal of and interest on the B nJs shall be m.ide in
lawfu l money of the United Sta tes of America.
(e) Book-Entry Registration . 1o twith sta ndin g any other pro, 1 ·1011 hereo f. the
Bo nds shall be delivered o nl y in book-emry fo m1 registered in the name 0 1 Cede L\: Cn ..
as nominee of DTC. acting as securities depository of the B o nds and rnnc1p.il o f and
in tere s t o n the Bo nds shall be paid by wire transfer to OT : pro\lde . ho ,, e, er. 1 f Gt ,In:
time the Paying Agent determines. and notifie the Cit> of it s Jeterm111at1on . that l) IC 1s
no longer able to act as. o r is no longer sati ·factoril y perform111g ll Juues a s . ~e uriue s
depos itory fo r the Bonds. the Pay in g Agent may . a t its di creuon. either ( 1 l designate a
substitute sec ur ities depository fo r OT and re regi ste r the Bonds as directed by such
substitute sec urities depository o r (i i) terminate the b ok-entry regi tr::nion sys tem and
reregister the Bo nd s in the names of the beneficial owner thereof pro\'1ded to it by Dr .
Neither the Ciry nor the Paying Agent shall have any habilit: to DT . ede , o .. any
ub tirute securi ties deposito ry. any Per on in "hose name he Bond 3.re rcreg1stercd at
the direcuon of any substitute ecurities depository. any beneficial 0 \\11er of the Bond or
any o ther Per on for {A) a ny determination made b: the Pa: ing .-\gent pursuant to the
provi so at the end of the im mediately preceding entence o r (Bl an~ action w.ken to
implement such determmation and the procedures related thereto that is take n pursuant to
any direction of o r in reliance o n any informatio n provided by DTC. ede & o .. an~
s ub stitute ec uritie s depo itory o r any Person in who e name the B nd are rcre gistered .
Section 4. Prior Redemption .
(a) Optional Redemption . The Bonds shall be ubje t to redempti o n at the
opti o n of the Ciry. in whole o r in part. and ifin pan in such o rder ofmarurities as the City
shall determine and by lot within a m a turi ty o n such date s as set io nh in the Bond
Purchase Agreement, at a redemption price eq ual to the principal amount thereof ( with no
redemption premium), plus accrued interest to the redempti on date . TI1e ity o un cil
hereby delegates to the Director of Finance and Administrati\e ervices the auth rit . to
determine the dates on which the Bonds shall be s ubject to o pt ional redempti o n .
(b) Matltdory Sin"ing Fund Redemption. All o r a ny pnnc1pal amount of
the Bonds may be subject to mandatory sinking fund redemptio n by lot o n December I of
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the years and in the principal amounts specified in the Bond Purcha se Ag reem e m. at a
redemption price equal to the principal amount thereof (with no redempti o n prem ium ).
plus accrued intere st to the redemption date . The City Council hereby delegate to the
Director of Finance and Administrative Services the authority to determine the princ ipal
amounts and dates on which the Bonds shall be subject to mandatory s inking fund
redemption. At its option. to be exercised on or before the forty fifth day next precedin g
each sinking fund redemption date . the City may (i ) deliver to the Paying A gent for
cancellation of any Bonds with the same maturity date as the Bonds subj ect to such
sinking fund redemption and (ii ) receive a credit in respect of its sinking fund redemption
obligation for any Bonds with the same maturity date as the Bonds s ubject to s uch
sinking fund redemption which prior to s uch date have been redeemed (o therwise than
through the operation of the sinking fund ) and cancelled by the Paying Agent and not
theretofore applied as a credit against any sinking fund redemption obligation. Each
Bond so delivered or previously redeemed shall be credited by the Pa ying Agent at the
principal amount thereof to the obligation of the City on such sinking fund redemption
date, and the principal amount of Bonds to be redeemed by operation of s uch si nkin g
fund on such date shall be accordingly reduced .
(c) Redemption Procedures . If less than all of the Bond s within a maturity
are to be redeemed on any prior redemption date . the Bonds to be redeemed s hall be
selected by lot prior to the date fixed for redemption. in such manner as the Bo nd
Registrar shall determine . The Bonds s hall be redeemed only in integral multipl es o f
$5 ,000. In the event a Bond is of a denomination larger than $5.000. a po rtion of s uch
Bond may be redeemed, but only in the principal amount of $5.000 or any inte gral
multiple thereof. Such Bond shall be treated for the purpose of redemption as that
number of Bonds which results from dividing the principal amount of s uch Bond by
$5 ,000 . In the event a portion of any Bond is redeemed. the Bond Registrar sha ll.
without charge to the Owner of such Bond. authenticate and deliver a replacement Bo nd
or Bonds for the unredeemed portion thereof.
(d) Redemption Notice. Notice of any redemption of Bonds shall be given by
the Paying Agent in the name of the City by sending a copy of such notice by first-cla ss .
postage prepaid mail. not less than 30 days prior to the redemption date. to the Owner o f
each Bond being redeemed. Such notice shall specify the number or numbers of the
Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If an y
Bond shall have been duly called for redemption and if, on or before the redemption date .
there shall have been deposited with the Paying Agent in accordance with this Ordinance
funds sufficient to pay the redemption price of such Bond on the redemption da te . then
such Bond shall become due and payable at s uch redemption date . and from and after
such date interest will cease to accrue thereon. Failure to deliver any redemption notice
or any defect in any redemption notice shall not affect the validity of the proceeding for
the redemption of Bonds with respect to which such failure or defect did not occur. An y
Bond redeemed prior to its maturity by prior redemption or otherwise s hall not be
reissued and shall be cancelled.
Section S. Form of Bonds . The Bonds shall be in substantially the form set fo rth in
Appendix A hereto with such changes thereto , not inconsistent herewith. as may be neces sary o r
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desirable and approved b~ the o fficial of the City executing the same (who e manual o r
facsimile ignatures thereo n hall onstitu te c nclu sive evidence of such approval ). All
covenants. statements . repre semations and agreemen ts con tained in the Bonds are hereby
approved and adopted a the c o ,enant . tatemems. representation s and agreements of the iry .
Although attached a s and appendix fi r the con ve n ience of th e reader. Appen d ix is an integral
part of this Ordinance and i in o rporated herein as if s et fort h in full in the body o f thi ·
Ordinance.
Sec tion 6. Eiecution , Authentication and Dcli\'ery of Bond s.
(a ) Exe utio11 . The Bonds s ha ll be executed in the name and on behalf o f the
it) with the manual or facsi mil e s ig n a ture of the Mayo r . s h a ll bear a manual o r
foe imile o f the cal of the iry and s h a ll be a ttes ted by the manua l or facsi mi le s ignature
of the City Jerk both of whom are hereby authorized a nd d irected to prepare and execute
the 13 nds in accordan e with the requirements hereof. Should an. officer w hose manual
or facsimile signature appears on the Bonds cease to be s uch offi cer before delivery of
any Bond. such manual or foe irnile ignature s hall nevertheless be valid and sufficient
fo r all PU11JO es.
(b ) A ut/1 e11ticatio11 . When the Bonds have been duly executl!d. the o fficer s o f
the City a re authorized to . and hall. deliver the Bonds to the Paying Agent fo r
a uthentication. . o 13 nd hall be ecured by o r ent itled to the benefi t of this Ordinance.
o r hall be valid or obligatory for any purpo e. unles the certificate of a uthent ication of
the Paying Agent ha been manually executed by an aut horized signa tory of the Pa ying
ge nt. The executed cenificate of a uthentication of the Paying Agent upo n any Bond
shall be onclu i, e e, iden e. and the o nly competent evidence. that s uch Bo nd has been
properly authenti ated hereunder.
(c ) Delfrery . l 'pon the authentt :111 0 11 of the B nd s. th!! Paying Agem s hall
delh er the same in accordan c "1th the pro, is 1on s o r the DT Letter of Repre s entati o ns
and other procedures e s tablt hed ,, tth the c on em o f OT and the Pa yi n g Agent. 'po n
receipt of the agreed purch e pri e o f the Bond in a cordance wi th the Bond Purchase
greement and issuance the appro, mg opm1on of Bond Co unsel. the Bo nds hall be
relea ed by OT and the Paying Agent for redit to the Participant s a nd the Beneficial
wners .
Section 7. Registration , Exc hange and Transfer of Bond s; Pers on s Treated as
Owners .
(a) Registratio11 . The Paying gent -hall maintain regi s trati n boo k s in
which th e o wners hip, transfer and exchange of Bonds shall be recorded. The person in
whose name any Bond s hall be registered on s uch registration book s hall be deemed to
be the absolute owner thereof for all purposes and neither the Ci ty nor the Pay ing Agent
sha ll be affected by any notice or other information to the contrary .
(b) TrtUUf,r tutd Excl,1111g~. The Bonds may be transferred or exchanged. at
the principal office of the Paying Agent at the location identified in the definiti on of
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Paying Agent in the section hereof entitled .. Definitions."' for a like aggregate principal
amount of Bonds of other authorized denominations of the same maturity and interest
rate, upon payment by the transferee of a transfer fee. any tax or governmental charge
required to be paid with respect to such transfer or exchange and any cost of printing
bonds in connection therewith . Upon surrender for transfer of any Bond. duly endorsed
for transfer or accompanied by an assignment duly executed by the Owner or his or her
anomey duly authorized in writing. the City shall execute and the Paying Agent shall
authenticate and deliver in the name of the transferee a new Bond .
(c) limitations on Transfer . The City and Paying Agent shall not be
required to issue or transfer any Bonds: (i) during a period beginning at the close of
business on the Record Date and ending at the opening of business on the first Business
Day following the ensuing interest payment date. or (ii) during the period beginning at
the opening of business on a date 45 days prior to the date of any redemption of Bonds
and ending at the opening of business on the first Business Day following the day on
which the applicable notice of redemption is mailed . The Paying Agent shall not be
required to transfer any Bonds selected or called for redemption .
Section 8. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall
become lost, apparently destroyed. stolen or wrongfully taken , it may be replaced in the form and
tenor of the lost. destroyed, stolen or taken bond and the City shall execute and the Paying Agent
shall authenticate and deliver a replacement Bond upon the Owner furnishing. to the satisfaction
of the Paying Agent : (a) proof of ownership (which shall be shown by the registration books of
the Paying Agent), (b) proof of loss. destruction or theft, (c ) an indemnity to the City and the
Paying Agent with respect to the Bond lost. destroyed or taken , and (d) payment of the cost of
preparing and executing the new bond or bonds .
Section 9. Tax Covenants. For purposes of ensuring that the interest on the Bond s is
and remains excluded from gross income for federal income tax purposes. the City hereb y
covenants and declares that :
(a ) Prohibited Actions . The City will not use or permit the use of any
proceeds of the Bonds or any other funds of the City from whatever source derived ,
directly or indirectly , to acquire any securities or obligations and shall not take or permit
to be taken an y other action or actions , which would cause an y Bond to be an ··arbitrage
bond '" within the meaning of Section 148 of the Code. or would otherwise cause the
interest on an y Bond to be includible in gross income for federal income tax purpose s .
(b) Affirmative Actions . The City will at all time s do and perform all act s
permitted by law that are necessary in order to assure that interest paid by the City on the
Bonds shall not be includible in gross income for federal income tax purposes under the
Code or any other valid provision of law. In particular, but without limitation, the City
represents , warrants and covenants to comply with the following rules unless it receives
an opinion of Bond Counsel stating that such compliance is not necessary : (i) gros s
proceeds of the Bonds and the Project will not be used in a manner that will cause the
Bonds to be considered "private activity bonds" within the meaning of the Code : (ii ) the
Bonds are not and will not become directly or indirectly "federall y guaranteed :"' and
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(iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to
the Bonds. which shall contain the information required to be filed pursuant to
Section 149(e) of the Code.
(c) Tax Letter of Instructions . The City will comply with the Tax Letter of
instructions delivered to it on the date of issuance of the Bonds. including but not limited
by the provisions of the Tax Letter of Instructions regarding the application and
investment of Bond proceeds, the use of the Project , the calculations , the deposits. the
disbursements, the investments and the retention of records described in the Tax Letter of
Instructions ; provided that, in the event the Tax Letter of Instructions are superseded or
amended by new Tax Lener of Instructions drafted by , and accompanied by an opinion
of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause
the interest on the Bonds to become includible in gross income for federal income tax
purposes , the City will thereafter comply with the new Tax Lener of Instructions .
(d) Designation of Bonds as Qualified Tax-Exempt Obligations . The City
hereby designates the Bonds as qualified tax-exempt obligations within the meaning of
Section 265(b)(3) of the Code. The City covenants that the aggregate face amount of all
tax-exempt obligations issued by the City , together with governmental entities which
derive their issuing authority from the City or are subject to substantial control by the
City, shall not be more than $10,000 ,000 during calendar year 2001 . The City rec og ni zes
that such tax-exempt obligations include notes. leases . loans and warrant s. :i \,e ll :is
bonds. The City further recognizes that any bank , thrift institution or oth er iin:inc1:i l
institution that owns the Bonds will rely on the City 's designation of the Bo nd s as
qualified tax-exempt obligations for the purpose of avoiding the lo ss of I 00% f an y
otherwise available interest deduction attributable to such institution·s tax-exempt
holdings.
Section 10. Creation of Fund and Accounts . There is hereby reaffirmed the Storm
Water Enterprise Fund and there is hereby established the following accounts of the Storm Water
Enterprise Fund , which shall be maintained by the City in accordance with the provi sions of this
Ordinance:
(a) the Project Account ;
(b) the Bond Account, within which there are established the Interest Subaccount and
the Principal Subaccount; and
(c) the Reserve Account.
Section 11. Initial Credit of Bond Proceeds . Immediately upon issuance of the
Bonds and the receipt of the proceeds thereof in accordance with the Bond Purchase Agreement.
the City shall make the following credits and apply such amounts as a supplemental
appropriation of the City :
(a) to the Interest Subaccount, the accrued interest on the Bonds from the Dated Date
to the date of issuance and capitalized interest on the Bonds, if any ;
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(b) to the Reserve Account the amount of the Required Reserve Amount ; and
( c) to the Project Account. the remaining proceeds of the Bonds .
Section 12. Project Account . All moneys credited to the Project Account shall be
applied solely to the payment of the Project Costs. Except to the extent otherwi se required by
the provisions of the Section hereof entitled "Disposition and Investment of Proceeds : Tax
Covenants," interest income from the investment or reinvestment of money s credited to the
Project Account shall remain in and become part of the Project Account. U pon the
determination of the City Manager that all Project Costs have been paid or are determinable, any
balance remaining in the Project Account (less any amounts necessary to pay Project Costs not
then due and owing) shall be credited to the Bond Account.
Section 13. Security for Payment of the Bonds; Flow of Funds .
(a) Pledge of Net Revenues . The Bonds shall constitute an irre voca bl e and
first lien upon the Net Revenue . but not necessaril y an exclusive such lien . The Ne t
Revenue is hereby pledged to the payment of the Bonds.
(b) Flow of Funds. Immediately upon the issuance of the Bonds. all Gross
Revenue then held by the City shall be credited to the Storm Water Enterprise Fund.
Thereafter, the City shall credit to the Storm Water Enterprise Fund all Gross Re ve nue
immediately upon receipt. The City shall pay from the Storm Water Enterprise Fund a ll
Operation and Maintenance Ex penses as the y become due and pa yable. After s uch
payment or the allocation of Gross Revenue to such payment. the City shall apply the Net
Revenue in the following order of priority :
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FIRST. to the credit of the Interest Subaccount. the amounts required by
the Section hereof entitled .. Bond Account ," and to the credit of any other bond
account or subaccount hereafter established for the payment of interest on Parity
Lien Bonds issued in accordance with the Section hereof entitled ·'Additional
Bonds ;·•
SECOND, to the credit of the Principal Subaccount. the amounts required
by the Section hereof entitled ·'Bond Account ," and to the credit of any other
bond account or subaccount hereafter established for the payment of the principal
of, and premium if any, on Parity Lien Bonds issued in accordance with the
Section hereof entitled "Additional Bonds ;··
THIRD , to the credit of the Reserve Account. the amounts required by the
Section hereof entitled "Reserve Account" and to the credit of any other account
hereafter established as a reserve account for Parity Lien Bonds issued in
accordance with the Section hereof entitled "Additional Bonds ;"
FOURTH , to the credit of any other fund or account hereafter established
for the payment of the principal of, premium if an y, and interest on Subordinate
Lien Bonds. including any sinking fund . reserve fund or similar fund or account
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es ta bl is hed th ere fo r. the a mo unt s required by th e o rd inance o r o ther en actmelll
a uth ori zi ng iss uan ce o f the S ub ordin ate Lien Bo nds : and
FIFTH . to the credit of any oth er fund or :icco unt as may be design:i te d by
the C ity . to be use d fo r an y la wful purpo se . any mo ne ys rem a inin g in th e to m1
Water Enterpri se Fund a fter th e payment s and ac cumu la ti o ns et fo rth in F IR T
through FO RT H he reof.
(c ) Bonds Do .Vot Constitute a Debt. All of the Bo nd s. toge ther with the
interest thereon and an y prem ium due in co nne ction th erew ith. sha ll be paya bl e onl y o ut
of: (i) the Bo nd Ac count : or (ii ) if necessary . th e Re serve Ac co unt . Th e Owners may not
look to any general or o ther fund of the C ity for the pay ment o f the prin c ip a l o f. pr e miu m
if an y, and interest on the Bond s. except the fund s and acc o unts pl edge d th e reto by this
Ordinance, and the Bonds shall not constitute a debt or an indebtedness of th e City w ithin
the meaning of any constitutional or statutory provisi o n o r limitati on; nor shall th ey be
considered or held to be general obli gations of the City .
Section 14. Bond Account .
(a ) Use of Moneys in Bond AccounL Mo ne ys in the Bond Account sha ll be
used solel y for the purpose o f pa ying the principa l of. premium if a ny. and interest o n th e
Bonds. On or before the last Business Da y of the month preced ing each Inte re s t Pa yment
Date, there shall be depo s ited with the Pa yin g Ag ent an amount fr om th e Inte res t
Subaccount which is s uffic ient to pa y the interest o n th e Bo nd s due on suc h Inte re st
Payment Date . On or befo re th e last Business Day of the month preceding eac h Pr inc ip a l
Payment Date. there s hall be deposited with the Pay in g Agent an amount fr o m th e
Principal Subaccount which is sufficient to pay the principal o f and premium . if any . du e
on the Bonds on s uch Principal Pa yment Date .
(b) Interest Subaccount. The Interest Subaccount s hall be used to pa y th e
interest on Bond s . U pon deli very o f the Bonds, the Ci ty shall credit to the Interes t
Subaccount the amount required by the Section hereof entitled ··Initial Credit of Bond
Proceeds." On or before the last day of each month . commencing in th e mo nth next
succeeding the date of is suance of the Bond s. the C ity sha ll c redit to the Int ere st
Subaccount, from the Net Revenue and an y intere st incom e to be credited to th e Intere st
Subaccount pursuant to the term s hereof, an am o unt equal o the Pro Rata Pon io n o f the
interest to come due on the Bond s on the next suc ceeding Inte re st Pa yment Dat e .
(c ) Principal SubaccounL The Principa l S ub acco unt sha ll be used to pay the
principal of and premium. if any. on the Bonds. On or be fo re the last day o f ea ch month .
commencing in the month next s ucceeding the date of iss uanc e of the Bond s . th e Ci ty
shall credit to the Principal Subaccount, from the Net Reve nue an d any int e re st in c o me to
be credited to the Principal Subaccount pursuant to th e term s he reof. an amo unt e qu a l to
the Pro Rata Portion of the princ ipal coming due o n the Bo nd s o n th e nex t s ucceedin g
Principal Payment Date .
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Section 15. Reserve Account .
(a) Use of Moneys in Reserve Account. Moneys in the Reserve Account
shall be used , if necessary , only to prevent a default in the payment of the principal of.
premium if any. or interest on the Bonds. and the Reserl'e Acc o unt is hereby pledged to
the payment of the Bonds . In the event the amounts credited to the Bond Account are
insufficient to pay the principal of. premium if any. or interest on Bonds when due. the
City shall transfer from the Reserve Account to the appropriate subaccount or
subaccounts of the Bond Account an amount which. when combined with moneys in the
subaccount or subaccounts, will be sufficient to make such payments when due.
(b) Funding and Maintenance of Required Reserve Amount. The City shall.
upon delivery of the Bonds, credit to the Reserve Account the amount required by the
Section hereof entitled "Initial Credit of Bond Proceeds:· The Reserve Account shall be
maintained in the amount of the Required Reserve Amount until such time as the amount
credited thereto. when combined with moneys in the Bond Account. will be s ufficient to
pay the principal of. premium if any. and interest on all of the Bond s. at which time such
moneys may be applied for such purpose. If at any time the amount of the Reserve
Account is less than the Required Reserve Amount. then the City shall deposit to the
Reserve Account from the Net Revenue. amounts sufficient to bring the amount credited
to the Reserve Account to the Required Reserve Amount . Such deposits shall be made as
soon as possible after such use. but in accordance with and subject to the limitations of
the Section hereof entitled ·'Security for Payment of Bonds: Flow of Funds :·
The Required Reserve Amount shall be funded and maintained by an y one of or
any combination of (i) cash: (ii) Permined Investments: and (iii ) a Rl!serve Account
Contract which provides for payments when and as required for purpose s of the Reserve
Account and is issued by an obliger whose obligations such as the Reserve Account
Contract are either (A) rated by a Rating Agency as investment grade or (B) if a rating
has been obtained on the Bonds or any Parity Lien Bonds whose obligation are rated by
each Rating Agency that then maintains a rating on the Bonds or any Parit_ Lien Bonds
in a category (or comparable classification) equal to or higher than the category . if any . in
which the Bonds or any Parity Lien Bonds are rated. A Reserve Account ontract s hall
satisfy the Required Reserve Amount by the amount payable to the City pur uant to s uch
contract.
(c) Valuation and Interest Income. Mo ne y cred ite d to the Re erve Acco unt
may be invested or deposited in securities o r o bligati o ns \,hich are Pe rmitted
Investments ; however. such investments shall be valued at fair market value and
marked-to-market at lease once per year. Additionally. the investment of money s
credited to the Reserve Account shall be subject to the covenants and provisions of the
Section hereof entitled .. Disposition and Investment of Proceeds ; Tax Covenants .'·
Except to the extent otherwise required by such Section. so long as the amount of the
Reserve Account is equal to the Required Reserve Amount. all interest income from the
investment or reinvestment of moneys credited to the Reserve Account shall be credited
to the Interest Subaccount and/or the Principal Subaccount. as may be determined by the
City; provided that if the amount of the Reserve Account is less than the Required
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Re se rve Amount. then such intere st income shall be c redit ed to th e ReserYe Acco unt.
The amount on depo si t to th e Re serve Account shall never exceed the amo unt of the
Re quired Re serve Amount.
Section 16 . Investments. Moneys depo s ited in the Bond Account a nd th e Project
Account and any mo ne ys he ld by the Payi n g Agent with re s pect to th e Bond s. shall be invested
in Permined Inve stment s . provided that the investm e nt of such mon eys shall be subject to :1J1Y
applicable restrictions se t forth in the Tax Lener of In structi o ns a nd in the ··Tax o mpliance
Certificate"' or similar certificate deli ve red by the City in connection with t he iss uance of the
Bonds that describes the City"s expectations regarding the use and investment of proceeds of the
Bonds and other moneys and the use of the Project. Unles s otherwi se provided herein. all
interest income from the investment or rein vestment of mone ys c redit ed to an~· acco unt o r
subaccount established herein shall remain in and become pan of such account or s ubaccount.
Section 17. Maintenance of Rates and Coverage. The C ity hereb y covenants th at it
will establish. maintain, enforce and collect rates. fees and charges for se rvi ces furnished by o r
the use of the Storm Water System to create Gross Revenue each Fiscal Year sufficient to pay
O peration and Maintenance Expenses and to create Net Re,·e nue in an a mo unt : (a ) equal to no t
le ss than I 15 % of the amount neces sary to pay when dut: the principal of an d int e re st on the
Bonds and any Parity Lien Bonds coming due during such Fiscal Year : a nd (b) to make up any
deficiencies in the Reserve Account and any reserve acco unt established fo r Parity Lien B nds .
In the event that the Gross Re venue at any time is not sufficient to ma ke such pa y ments. the City
shall increase such rates. fees and charges to an extent which will e ns ure the payment s a nd
accumulations required by this Ordinance .
Section 18. Additional Connants and Agreements . The C ity hereby further
irrevocably covenants and agrees with each and every Owner that ·o long as any o f the Bo nd s
remain Outstanding :
(a) Competent Management. The C ity shall empl oy competent management
personnel for the Storm Water System and will continue to operate and manage the to rm
Water System in an efficient and economical manner in acco rd ance with all applicable
laws . rule s and regulations .
(b ) Maintenance of Records and Accounts. T he Ci ty shall keep proper
books of record and accounts showing co mplete and corre ct e ntrie s of a ll tran sac t ions
relating to the funds and accounts referred to herein and in s uch manner that th e G ross
Re venue and the Net Revenue may at all time s be readil y and accurately determined .
(c ) Alienation of Property. The City will not se ll o r alienate an y o f th e
propeny constituting any pan or all of the Storm Water System in any ma nner o r to any
extent as might reduce the security provided for the payment of the Bond s. but the Cir_
may sell any portion of such propeny which shall have been replac ed by O!her si m ila r
propeny of at least equal value. or which shall cease to be necessary fo r the efficie nt
operation of the Storm Water System: provided however. that the proceed s of any uc h
sale ofpropeny shall be included as pan of the Gross Revenue .
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(d) Payment for Use and Services. The City will promptly render bills for
services furnished by or the use of the Storm Water System. shall use all legal means to
assure prompt payment thereof. shall take such action as may be necessary to make
delinquent rates. fees and charges of the Storm Water System a lien up o n the real
property served.
(e) Audits. At least once a year in the time and manner provided by law. the
City will cause an audit to be performed of the records relating to the revenues and
expenditures of the Storm Water System . Such audit may be made part of and included
within the general audit of the City, and made at the same time as the general audit. In
addition. at least once a year in the time and manner provided by law. the City will cause
a budget to be prepared and adopted . Copies of the budget and the audit will be filed and
recorded in the places. time and manner provided by law .
(f) Insurance. The City will carry s uch forms of insurance o n insurable
Storm Water System property as would ordinaril y be carried by utilities ha\·ing similar
properties of equal value. such insurance being in such amounts as will protect the S tonn
Water System and its operation . In the event of any loss or damage to the Storm Water
System. or in the event pan or all of the Storm Water System is taken by the exercise of a
power of eminent domain. the insurance proceeds or the condemnation award shall be
used for restoring , replacing or repairing the property lost. damaged or taken. and the
remainder thereof, if any, shall be considered as Gross Revenue: provided however. that
if the City Council determines that the operation of the Storm Water System and the
security for the Bonds will not be adversely affected thereby, the City Council may
determine not to restore. replace or repair the property lost , damaged or taken and al l o f
the insurance proceeds or condemnation award shall be considered as Gross Revenue .
(g) Surety Bonds. Each District official or other person having custody of
any funds derived from the operation of the Storm Water System, or responsible for the
handling of such funds. shall be fully bonded at all times. which bond shal l be
conditioned upon the proper application of said funds .
(h) Enterprise Status. The City has established. and covenants to continue to
maintain. the Storm Water System as an ··enterprise .. within the meaning of Article X.
Section 20 of the Colorado Constitution, and as a .. water activity enterprise·· within the
meaning of Title 37 , Article 45.1 , C.R.S.; provided. however, after calendar year 200 I
the City may disqualify the Water System as an .. enterprise·· in any year in which said
disqualification does not materially. adversely affect the enforceability of the covenants
made pursuant to this Ordinance. In the event the Water System is disqualified as an
enterprise and the enforceability of the covenants made pursuant to this Ordinance are
materiall y, adversely affected. the City covenants to immediately take all actions
necessary to (i) qualify the Storm Water System as an enterprise within the meaning of
Article X, Section 20 of the Colorado Constitution and (i i) permit the enforcement of the
covenants made herein .
(i) Prouction of Security. The City, its officers, agents and employees. shall
not take any action in such manner or to such extent as might prejudice the security for
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the payment o f the principal of and interest on the Bonds and any other sec uritie s payable
from the et Revenue according to the terms thereof. No contract shall be entered into
nor any other action taken by which the rights of the Ow11ers might be prejudiciall y and
materiall y impaired or diminished .
Section 19. Additional Bonds .
(a) No Superior Lien Bonds. No bond . note s . interim securities o r other
obligations shall be issued payable from the Ne t Reven ue and ha,·ing a lien there o n
which is superior to the lien of the Bonds .
(b ) Parity Lien Bonds. The City may issue Parity Lien Bond s if:
(i) As of the date of issuance of the Parit y Lien Bond s the Ci ty is in
substantial compliance with all of the covenants of this Ordinance:
(ii ) As of the date of issuance of the Parity Lien Bo nds the City is
current in the accumulation of all amounts required to be then accumulated in the
Bond Account and the Reserve Account: and
(iii ) For any 1--month period during the 18-month pe ri o d immediately
preceding the date of issuance of such Parity Lien Bonds. the Net Re ve nue is
sufficient to pay an amount representing not less than 150% of the Co mbined
Maximum Annual Principal and Interest Requirements fo r the Outstanding
Bonds. Outstanding Parity Lien Bonds. if any , and the Parity Lien Bond s
proposed to be issued . For purposes of such test. if there ha s been ad o pted a
schedule of increases in rates. fees and charges during the preceding 18-month
period. the Net Revenue may be increased for th ose month s in which such
increase was not in effect for the 12-month period in which s uch calculation is
made by adding to the actual revenues for such period an estimated sum equal to
I 00% of the estimated increase in revenues which would have been realized
during said period had such increase been in effect for the entire 12-month period
(the requirement set forth in this subparagraph (iii ) shall not apply to any Parity
Lien Bonds issued for the purpose of refunding less than all of the Outstanding
Bonds); and
(iv) The ordinance. indenture o r other document providing for the
issuance of the Parity Lien Bonds must provide for a re se rve account. which is
established in the amount of the Parity Reserve Amount. and a bo nd account for
the Parity Lien Bonds ; such accounts must be established and maintained o n
substantially the same terms and contain s ubstantially the same prov isi o ns as se t
fonh in this Ordinance for the Reserve Account and the Bond Account.
respectively .
A written certificate by the Mayor (or other City official or employee de signated
in writing by the Mayor) that the conditions set forth in paragraphs (i) and (ii ) above ha ve
been met, and a written certificate by a Certified Public Accountant o r Con s ulting
Engineer that the condition set forth in paragraph (iii ) above has been met. shall
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conclusively determine that such conditions have been met in accordance with the terms
hereof.
(c) Subordinate lien Bonds. So long as no Event of Default shall have
occurred and be continuing, nothing herein shall prevent the City from issuing
Subordinate Lien Bonds .
Section 20. Defeasance. When all principal. interest and premiums. if any . in
connection with a Bond has been duly paid, the pledge and lien and all obligations of the City
hereunder shall thereby be discharged with respect to said Bond and the Bond shall no longer be
deemed to be Outstanding. There shall be deemed to be such due payment when the City has
placed in escrow and in trust with a commercial bank located within or without the State of
Colorado, and exercising trust powers, an amount sufficient (including the known minimum
yield from Defeasance Securities in which such amount may be initially invested) to meet all
requirements of principal, interest and premiums. if any. as the same become due to their final
maturities or upon designated prior redemption dates. The Defeasance Securities shall become
due at or prior to the respective times on which the proceeds thereof shall be needed . in
accordance with a schedule established and agreed upon between the City and such bank at the
time of the creation of the escrow. or the Defeasance Securities shall be subject to redemption at
the option of the holders thereof to assure such availability as so needed to meet such schedule .
The sufficiency of the escrow shall be determined by a Certified Public Accountant.
Section 21. Events of Default. The occurrence or existence of any one or more of the
following events shall be an Event of Default hereunder:
(a) payment of the principal of or redemption premium on any Bond is not
made by the City when due:
(b) payment of the interest on any Bond is not made by the City when due:
(c) the City defaults in the performance of any other of its covenants in this
Ordinance. and such default continues for 30 days after wrinen notice specifying such
default and requiring the same to be remedied is given to the City by the Owners of 25%
in aggregate principal amount of the Bonds then Outstanding ; or
(d) the City files a petition under the federal bankruptcy laws or other
applicable bankruptcy laws seeking to adjust the obligations represented by the Bonds .
Section 22. Remedies For Events of Default . Upon the occurrence and continuance
of an Event of Default, the Owner of any Bond. or a trustee therefor, may protect and enforce the
rights of any Owner by proper legal or equitable remedy deemed most effectual including
mandamus. specific performance of any covenants. injunctive relief or requiring the Council to
act as if it were the trustee of an express trust, or any combination of such remedies . All
proceedings shall be maintained for the equal benefit and protection of all Owners . Any receiver
appointed to protect the rights of Owners may take possession of and operate and maintain the
Storm Water System in the same manner as the City itself might do . The failure of an y Owner to
proceed does not relieve the City or any person of any liability for failure to perform any duty
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he reunder. The fo re going rights are in addnion to an y o ther ri gh t. and the exerci se of any right
by any Owner shall not be deemed a waher of an y other ri ght.
ection 23. Permitted Amendments to Bond Ordinance. The C ity may. with o ut the
o nsent of o r notice to the Owners. adopt amendments or supplements to this O rdinance. which
a mendments or supplements shall thereafter fo rm a part hereof. for any o ne or more of the
fo llowi ng purposes :
(a) to cure any ambiguity. to cure. correct o r supplement any fo rmal defect o r
o mission or inconsistent provision contained in this O rdi nance. to mak e any provisio n
necessary or desirable due to a change in law. to make any prov is ions with respec t to
maners arising under this Ordinance. or to mak e any provisions fo r any oth er purpos e. if
s uch provisions are necessary or desirable and do no t materially adverse!_ affect the
inte rests of the Owners of the Bonds:
(b) t o subject to th is Ordinance or pledge to the payme nt of the Bo nds
ad ditional re venues. properties or collateral : and
(c) to g rant o r co nfe r upon the Owners a ny additional right s. remedies.
powers or authority that may be lawfull y granted to or confe rred upon the wners .
Section 24. Amendments Requiring Consent of Owners. xcept for amendatory or
supplemental ordinances adopted pursuant to the Secti o n here of enmled ··Permined Amendments
to Bond Ordinance:· the O wners of not less than two-thirds in ag e regate pnncipal amount of th e
Bonds then Outstanding shall have the right. from time to ume . 10 conse nt to and a pprove the
adoption by the City of such ordinances amendatory or supp lemental heret o as shall be dee med
necessary or desirable by the City for the purpose of modifyi ng . alteri n g. amending. adding to o r
rescinding. in any particular. any of the term s or prov1s1o n s o nta med in thi s rd ina nce:
provided however. that without the consent of th e wn e r ot all the Bond affected thereb~.
nothing herein contained shall permit. or be construed a pe rmmm g :
(a) a chan ge in the term s of the matumy of any Bond. m the pnn 1pal amount
of a ny Bond or the rate of interest thereon. o r in the term s of pnor redempt io n of any
Bo nd :
(b) a n impairment of the right of the Owners to institute s uit fo r the
enforcement of an y payment of the principal of. pre mi um i any. or mtere st o n the Bo nd s
when due:
(c) the c reation of a lien upon the et Re ve nue ranking prior to the lie n o f the
Bonds:
(d ) a privilege or priority of any Bond o r any premium or interest payment
over any other Bond or premium or interest payment: o r
(e) a reduction in the percentage in principal amount of the Bonds the consent
of whose Owners is required for any such amendatory or supplemental ordinance .
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If at any time the City shall des ire to adopt an amendatory or supplemental ordi nance fo r
any of th e purposes of thi s Section. the City shall cause notice of the pro posed adoption of such
amendatory o r supplemental ordinance to be g ive n by maili ng such not ice b, certified o r
re gistered first-class mail to the Purchaser and to each Owner of a Bond to th e addre ss s hown o n
the re gistration book s of the Bond Registrar , at least 30 days prior to the proposed date of
adoption of any such amendatory o r supplemental ordinance . Such notice shall briefly et fort h
the nature of the proposed amendatory or supplemental ordinance and s hall state that copies
thereof are on file at the o ffices of the City or some other suitable location for in spec t io n by all
Owners . If. within 60 days o r such longer period as shall be prescribed by the Ci ty fo ll owi ng the
giving of such notice , the Owners of not less than the required percentage in aggregate princi pal
amount of the Bonds then Outstanding at the time of the execution o f any such amendatory o r
supplemental ordinance shall have consented to and appro ved the execution th ere of as herein
provided. no Owner of an y Bond shall have an y right to object to an y of the term s and provision s
contained therein. or the operation thereof, or in any manner to question the pr o priety of the
adoption and effectiveness thereof. or to enjoin or re strain the Ci ty from adoptin g the sa me o r
from taking any action pursuant to the provisions thereof.
Section 25. Effect of Amendment. Upon th e exec uti on of any amendato ry o r
supplemental ordinance pursuant to this Ordinance. thi s Ord inan ce shall be deemed to be
modified and amended in accordance therewith . and the re spect ive right . dutie s and o blig ati ons
under this Ordinance of the City , the Bond Regi strar, the Payi ng Age nt and all Owne rs of Bonds
then Outstanding shall thereafter be determined , exercised and en fo rced hereunder. subject in a ll
respects to such modifications and amendments .
Section 26. Removal or Resignation of Bond Registrar or Paying Agent;
Succnson. The Paying Agent and Bond Regi strar may re sign. or be rem oved by the City at any
time with or without cause. In the event of the rem oval or resignation of the Bond Re g istrar o r
Paying Agent, the City shall appoint a successor as soo n thereafte r as may be practicable . and in
such eve nt. shall give written notice thereof to each Owner by mailing to the addresses shown on
the regi stration books for the Bonds. An y successor Pa ying Agent shall : be a tru st company o r
bank in good standing located in or incorporated under the laws of the State; be duly autho ri zed
to exercise trust powers; be subject to examination by a federal or state authority; and maintain a
reported capital and surplus of not less than $10 ,000.000 .
Section 27. Authorization to Execute Documents . The Mayor (o r other C ity official
or emplo yee designated in writing by the Mayor) shall. and is hereby authorized and directed to
tak e all actions necessary or appropriate to effectuate the provisions of thi s Ordinance. includin g •
but not limited to. execution of such agreements. certificates and affidavits as may be reaso na bl y
required by the Purchaser. For a period of sixty days following the adoption of thi s Ordinance,
the Director of Finance and Administrative Services is authorized to execute the Bond Purchase
Ag reement. which shall be in substantially the form presented to the City at thi s meeting and
shall be completed in accordance with the terms of this Ordinance. The execution of the Bond
Purchase Agreement by the Director of Finance and Administrative Services and the execution
of the Mayor (o r the Mayor·s designee) of an y document authorized herein shall be conclu sive
proof of the approval by the City of the terms thereof.
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Section 28. Official Statement . The Preliminary Official Statement is hereby
authorized and approved . The Preliminary Official Statement is hereby deemed by the Council
to be final as of its date within the meaning of Rule 15c2-12(b)(I ) of the U.S . Securities and
Exchange Commission. The Council hereby authorizes the preparation and distribution of a final
Official Statement in conjunction with an offer of the Bonds to the public . The Official
Statement shall contain such corrections and additional or updated information so that it will not
contain any untrue statement of a material fact or omit to state a material fact nece ssary in order
to make the statements made therein , in light of the circumstances under which the y were made.
not misleading . The Mayor is hereby authorized to execute copies of the Official Statement o n
behalf of the City.
Section 29. Holidays . If the date for making any payment or performing any action
hereunder shall be a legal holiday or a day on which the principal office of the Pay ing Agent or
Bond Registrar is authorized or required by law to remain closed , such payment may be made or
act performed on the next succeeding day which is not a legal holiday or a day on which the
principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain
closed.
Section 30. Limitation of Actions. In accordance with Section 11-57-2 12 . Colorado
Revised Statutes, no legal or equitable action can be brought with respect to any legislative acts
or proceedings in connection with the authorization or issuance of the Bonds more than 30 days
after the issuance or authorization of such securities, whichever occurs later .
Section 31. Ratification and Approval of Prior Actions . All actions heretofore
taken by the officers of the City and the members of the City Council. not inconsistent with the
provisions of this Ordinance. relating to the authorization , sale, issuance and delivery of the
Bonds , are hereby ratified , approved and confirmed.
Section 32. Ordinance lrrepealable. After any of the Bonds have been issued , this
Ordinance shall constitute a contract between the Owners and the City , and shall be and remain
irrepealable until the Bonds and the interest accruing thereon shall have been fully paid , satisfied
and discharged , as herein provided .
Section 33. Repealer. All orders, bylaws and ordinances of the City , or parts thereof,
inconsistent or in conflict with this Ordinance, are hereby repealed to the extent only of such
inconsistency or conflict .
Section 34. Severability . If an y section. paragraph , clause or prov1s10n of this
Ordinance shall for any reason be held to be invalid or unenforceable. the invalidity o r
unenforceability of such section, paragraph. clause or provision shall not affect an y of the
remaining provisions of this Ordinance, the intent being that the same are severable.
Section 35. Effective Date. This Ordinance shall take effect thirty days after
publication following final passage.
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Introduced, read in full, and passed on first reading, on the 6th day of August, 2001
Published as a Bill for an Ordinance on the 10th day of August. 2001.
Read by title and pasaed on 6.naI reading on the 20th day of August, 2001.
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Published by title as Ordinance No.~ Series of 2001 , on the 24th day of August, 2001.
Thomas J . Burns, Mayor
A'ITEST:
Loucrishia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Ordinance passed on final reading and published by title as
Ordinance No.~ Series of 2001.
Loucriahia A. Ellis
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APPENDIX A
!FORM OF BONDI
[Fro nt of Bo nd]
N ITED STATES OF AMERICA
ST A TE OF COLORADO
CITY OF ENGLEWOOD
Ac ting By and Throug h It s
STORM WATER ENTERPRISE
STORM WATER ENTERPRISE REVEN UE BOND
S ERIES 2001
Maturity Date
Dece m be r I .
Dat ed Dat e
. ~001
REG IST E RED OWNER :
n ·~1P
PR1 CI PAL A MOUNT : --------------------DOLL ,\R"
C ity of En gl ewood . Co lo rad o . a d ul y o rgani zed and va lid ly existin g ity and mu111c1pal
co rp o rati o n of the S tate of Co lo rad o. actin g by a nd th ro ugh t he to nn \Vat.:r l:nterpns..: < the
·'Ci ty '') fo r va lu e receive d . he re by prom i es 10 pay. o le ly o ut of the s pecial account s hncmatt..:r
designate d b ut no t o th e rwi se . to t he registe red owne r nam ed above. o r regi s tered ..is 1gn ~. tl n th ·
maturity d a te s pecified a bove or o n the da te of prio r redempt io n. the princ i pal am o unt p.:citi.:d
above. In like manner th e Ci ty pro m ises to pay inte rest o n s uch principal amo unt (computed on
the basis of a 36 0-day year of twe lve '0-day m o nths) fro m th e int e rest paym.:n t da te next
precedi ng th e d ate of re g istrati o n and a uth e nti cati on of thi s Bo nd . unl ess this Bond is regi s tered
and authe nti cated prio r to Dece m ber I . 200 I . in w hic h event thi s Bo nd s hall bear interes t fr o m
the Date d D a te s pec ifi e d above. at the int e rest ra te pe r a nnum specified above. pay able
emiannua ll y o n June I a nd Decem ber I each year. comme nc in g o n December I . 200 I . until the
prin ci pa l amo unt is paid at maturi ty o r upon pr io r re dempti o n . T he principal of thi s Bond and
pre mium . if any, are payable in la wful mo ne y of th e nit ed tat es of America to the registered
o wner here of upon maturity or prior redemption and presentati o n at th e p rincipa l office of The
Bank o f herry C reek . N .A.. in Denver, Colorado , or its suc cessor. as Pay in g Agent .
Pay ment of each installment of interest shall be made to th e registe re d owne r h e reof
whose name s hall appear on the registtation books of the City maintaine d by o r o n beha l f of the
Ci ty by The Bank of Cherry Creek, N .A ., in Denver, Colorado. o r it s s uccessor . as Bo nd
Registrar, at the close of business on the fifteenth day of the calendar m o nth next precedin g eac h
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interest pay ment date (the "Record Date "), and shall be paid by check or draft o f the Paying
Agent mailed on or before the interest payment date to such registered owner at his addre ss as it
appears on such registration books. The Paying Agent may make payment s o f interest on any
Bond by such alternative means as may be mutually agreed to bet\\een the registered o wner o f
such Bond and the Paying Agent , as provided in the ordinance authorizing the iss uance o f thi s
Bond (the ·'Bond Ordinance"). Any such interest not so timely paid or duly provided for shall
cease to be payable to the person who is the registered owner hereof at the close of business on
the Record Date and shall be payable to the person who is the registered owner hereof at the
close of business on a special record date (the "Special Record Date .. ) established for the
payment of any defaulted interest. Notice of the Special Record Date and the date fixed fo r th e
payment of defaulted interest shall be given by first-class mail to the registered owner hereof as
shown on the registration books on a date selected by the Bond Registrar.
If the date for making any payment or performing any action shall be a le ga l ho liday o r a
day on which the principal office of the Paying Agent or Bond Registrar is authorized or required
by law to remain closed, such payment may be made or act performed on the next s ucceeding
day which is not a legal holiday or a day on which the principal office of the Pa ying Agent o r
Bond Registrar is authorized or required by law to remain closed.
This Bond is one of a series aggregating $1.675.000 par value. all o f like date. ten o r and
effect except as to number, principal amount. interest rate and da te o f maturit y. iss ued fo r th e
purpose of paying the costs of providing certain Storm Water Enterpri se faciliti es a nd
improvements. by virtue of and in full conformity with the Co nstituti on o f the State o f Co lo r:i <l o:
the City Charter, Chapter 5 to Title 12 of the Englewood Municipal Code : Title 3 7. Anick 4 5. I.
C.R.S.; Title 11, Article 57 , Pan 2, C .R.S .; and all other laws of the State of Co lorad o thereunt o
enabling, and pursuant to the duly adopted Bond Ordinance . Such recital shall conclusivel y
impart full compliance with all of the provisions of said statutes, and this Bond issued containing
such recital is incontestable for any cause whatsoever after its delivery for value . It is hereb y
recited. certified and warranted that all of the requirements of law have been fully complied with
by the proper officers in issuing this Bond .
The principal of. premium if any , and interest on this Bond are payable onl y out of: (a ) a
special account designated as the '·Storm Water Enterprise 2001 Bond Account, .. into which the
City covenants and agrees to deposit, from the revenues derived from the operation of the water
facilities comprising the Storm Water Enterprise after deduction of operations and maintenance
costs (the .. Net Revenue"). amounts sufficient to pay the principal of and interest on the Bonds
when the same become due and payable: and (b) if necessary, a special account de signated as the
"Storm Water Enterprise 2001 Bond Reserve Account." all as more particularly set forth in the
Bond Ordinance . The Bonds shall constitute an irrevocable and first lien upon the Net Revenue,
but not necessarily an exclusive such lien . Subject to expressed conditions. obligations in
addition to the Bonds of this issue may be issued and made payable from the Net Revenue
having a lien thereon subordinate and junior to the lien of the Bonds of this issue or , subject to
additional expressed conditions. having a lien on the Net Revenue on a parity with the lien o f the
Bonds of this issue. in accordance with the provisions of the Bond Ordinance.
It is hereby recited , certified and warranted that for the payment of this Bo nd. the City
has created and will maintain the special accounts referred to above, and will deposit therein out
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of the Net Revenue the amounts specified in the Bond Ordinance , and out of such accounts , as an
irrevocable charge thereon. will pay the principal of, premium if any , and interest on this Bond in
the manner provided by the Bond Ordinance .
THIS BOND DOES NOT CONSTITUTE A DEBT OR INDEBTEDNESS OF THE
CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISION OR LIMITATION , AND SH ALL NOT BE CONSIDERED OR HELD TO BE A
GENERAL OBLIGATION OF THE CITY .
Reference is hereby made to the Bond Ordinance for an additional de scripti o n o f the
nature and extent of the security for the Bonds, the funds and revenues pledge d to the pay ment
thereof, the rights and remedies of the registered owners of the Bonds, the manner in which the
Bond Ordinance may be amended , and the other terms and conditions upon which the Bond s are
issued , copies of which are on file for public inspection at the office o f the City C lerk .
[Redemption provisions from Section 4 to be reproduced in this place .]
The Bonds will be redeemed only in integral multiples of $5 ,000 . In the ev e nt a Bo nd is
of a denomination larger than $5 ,000, a portion of such Bond may be redeemed. but onl y in the
principal amount of $5 ,000 or any integral multiple thereof. Such Bond will be treated for the
purposes of redemption as that number o f Bonds which results from di viding the prin c ip a l
amount of such Bond by $5 ,000. In the event a portion of this Bond is redeemed. the Bo nd
Registrar shall , without charge to the registered owner of this Bond. authenticate and deliver a
replacement Bond or Bonds for the unredeemed portion .
Notice of prior redemption shall be given by mailing a copy of the redemption notice . not
less than 30 days prior to the date fixed for redemption , to the registered owner of thi s Bond at
the address shown on the registration books maintained by the Bond Registrar. in the manner set
forth in the Bond Ordinance. All Bonds called for redemption will cease to bear intere st after th e
specified redemption date , provided funds for their redemption are on depo sit at the place o f
payment at that time .
The City and Bond Registrar shall not be required to issue or transfer an y Bonds :
(a) during a period beginning at the close of business on the Record Date and ending at the
opening of business on the first business day following the ensuing interest pay ment date . o r
(b) during the period beginning at the opening of business on a date 45 days prior to the date o f
any redemption of Bonds and ending at the opening of business on the fir st bu s ine ss d ay
following the day on which the applicable notice of redemption is mailed . The Bo nd Regi strar
shall not be required to transfer any Bonds selected or called for redemption , in whole or in part.
The City , the Paying Agent and the Bond Registrar may deem and treat the regi stered
owner of this Bond as the absolute owner hereof for all purposes (whether or not this Bond shall
be overdue), and any notice to the contrary shall not be binding upon the City. the Paying Agent
or the Bond Registrar.
This Bond may be exchanged at the principal office of the Bond Registrar for a like
aggregate principal amount of Bonds of the same maturity of other authorized denominations .
This Bond is transferable by the registered owner hereof in person or by his attorney dul y
02-92532 .02 A-3
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authorized in writing , at the principal office of the Bond Registrar. but only in the manner,
subject to the limitations, and upon payment of the charges provided in the Bond Ordinance and
upon surrender and cancellation of this Bond . This Bond may be tran s ferred up o n the
registration books upon delivery to the Bond Registrar of this Bond. accompanied by a written
instrument or instruments of transfer in form and with guaranty of signature satisfactory to the
Bond Registrar, duly executed by the owner of this Bond or his attorney-in-fact or legal
representative, containing written instructions as to the details of the transfer of the Bond. along
with the social security number or federal employer identification number of such transferee . In
the event of the transfer of this Bond, the Bond Registrar shall enter the transfer of ownership in
the registration books and shall authenticate and deliver in the name of the transferee or
transferees a new fully registered Bond or Bonds of authorized denominations of the same
maturity and interest rate for the aggregate principal amount which the registered owner is
entitled to receive at the earliest practicable time . The Bond Registrar shall charge the owner of
this Bond for every such transfer or exchange an amount sufficient to reimburse it for its
reasonable fees and for any tax or other governmental charge required to be paid with respect to
such transfer or exchange .
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the authorizing Bond Ordinance until the cenificate of authentication
hereon shall have been signed by the Bond Registrar.
IN TESTIMONY WHEREOF , the City Council of the City of Englewood has caused this
Bond to be signed by the facsimile signature of the Mayor, sealed with a facsimile of the seal of
the City, and attested by the facsimile signature of the Clerk thereof, all as of the Dated Date set
forth at the beginning of this Bond .
[Facsimile Seal]
Attested:
By [Facsimile Signature)
City Clerk
CITY OF ENGLEWOOD. COLORADO
By [facsimile Sjgnaturej
Mayor
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within mentioned Bond
Ordinance.
Date of Registration
and Authentication:
02-92S32 02
THE BANK OF CHERRY CREEK, N.A.
Denver, Colorado , as Bond Registrar
BY~~~~~~~~~~~~~~~~
Authorized Signatory
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APPROVING LEGAL OPINION
Set forth below is a true copy of the approving legal opinion of Bond Counsel delivered
on the date on which the Bonds were originally issued:
(Bond Counsel's approving opinion inserted in submargins)
I, the undersigned Clerk of the City of Englewood, Colorado, do hereby certify that the
foregoing approving opinion ofKutak Rock LLP, Denver. Colorado, is a true and complete copy
of a manually executed and dated copy thereof on file in the official records of the City .
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto ____ _
Social Security or Federal Employer
Identification Number of Assignee
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint ----------
--------------' attorney, to transfer said Bond on the books kept for
registration thereof with full power of substitution in the premises.
Dated:----------
02-92532.0l
SIGNATURE OF REGISTERED OWNER :
NOTICE : The signature to this assignment must
correspond with the name of the registered owner as
it appears upon the face of the within Bond in every
particular, without alteration or enlargement or any
change whatever.
SIGNATURE GUARANTEED:
(Bank. Trust Company or Firm)
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ORDINANCE NO .
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 50
INTRODUCED BY CO U NCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEME T
BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT)
AND THE CITY OF ENGLEWOOD DOCUMENTING THE ARRANGEMENT AND
RESPONSIBILITIES OF THE CITY OF ENGLEWOOD AND COOT FOR THE 1-25
SOUTHEAST CORRIDOR COLORADO TRANSPORTATION MANAGEMENT
SYSTEM (CTMS).
WHEREAS , this fall, CDOT will begin reconstructing the 1-25 Southeast Corridor;
and
WHEREAS , this project is expected to take from five to seven years to complete:
and
WHEREAS, there will be a significant impact on the transportation systems
along the Southeast Corridor as well as other areas in Metropolitan Denver,
including the Santa Fe Drive, Hampden Avenue and Broadway corridors; and
WHEREAS, COOT recognizes that Intelligent Transportation System (ITS)
measures are necessary to manage traffic in the corridors during this extended
construction period ; and
WHEREAS, the Federal Highway Administration requires , as a condition of
receiving Federal ITS funds and spending those funds on ITS project activities with
local partners, that COOT develop and execute a Memorandum of Unders tanding
(MOU) with all partnership organizations; and
WHEREAS, CDOT desires to enter into an agreement with the City of Englewood
for the purpose of sharing information and upgrading and/or providing equipment
necessary to facilitate the development of the CTMS at no cost to the City of
Englewood;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU CIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes
the Intergovernmental Agreement entitled "Memorandum of Understanding For the
1-25 Southeast Corridor and Colorado Transportation Management System (CTMS)
Integration Activities" between the Colorado Department of Transportation (COOT)
and the City of Englewood, a copy of which is marked as "Exhibit A" and attached
hereto.
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Sectjon 2. The Mayor and the City Clerk are here by authorized to s ign and attest
said Intergovernmental Agreement on behalf of the City of Englewood .
Introduced, read in full , and passed on first reading on the 6th day of Augus t ,
2001.
Published as a Bill for an Ordinance on the 10th day of Augus t , 2001.
Read by title and passed on final reading on the 20th day of August, 2001.
Published by title as Ordinance No . _, Series of 2001 , on the 24th day of
August, 2001.
Thomas J. Burns, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A . Ellis
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'.\'lemorandum of Understanding
For the
1-25 Southeast Comdor and
Colorado Transponation :Vlanagement Sys tem
(CT:VIS ) Integration Activmes
This :vtemorandum of Understanding (MOU), made this da v of . 200 I. bv and
between THE COLORADO DEPARTME NT OF TRANSPORTATION (COOT). and THE C ITY OF
E'.'JGLE WOOD (City), is created to document the arrangement and respons1b1hnes between the rwo
agenc ies identified above in the 1-25 Southeast Corridor and CT:V!S lntegra11o n Proj ect (SEC-CT:VIS
ProJeCt) (ProJe ct wo rk p la n anached · Appendix C Task Order '<umber One ).
General l11fo1ma11on
The SEC-CT:VIS Project pro vides for the funher de,·elop ment an d enhancement 01 information sharin g
ca pab1h11e s for agencies a lo ng the SEC. Because COOT en\'ls1 ons an 1mp lementa11 on period of se\'eral
years before true co rridor integration can be achiev ed on a "'de sc ale. 1t 1s progressing on a number of (pre-
mtegra11 on) mforrnat1on shar ing acti viues. These include CDOT"s Je,·elopme~t o f the metro area fiber ring
(Den"er me1ro area) pomon of the high speed co mmumca11ons ner.,o rk. 1he lo" speed co mmunica11 0 11 s
ner.,·ork arc hitecture and the addi11onal integrauon effons for its centra l , 1deo subsyste m. all of" h1 ch Jrc
a imed J1rec1ly or 111directly at increasing CDOT"s capab1h11es to share ndco mfom1atllln \m pamcular ) \\1th
its partners Earl y integration act1\'it1e s along the se Imes rna v mclude an interim s haring 01 "orks1a1 1o ns.
and conduc11ng needs as sessments and de,·elopmg 1heory of opera11ons Jnd system requirements fo r the
II\Jl'1dua l ,merface,. There may be econonues of scale mherent "11hm the proJect. Fur example .
de, eloplll~ requ1remen1s fo r 0ne or more of the more ·omphcated mterfa,~s ma y allo" a great amount of
that work to be used (w ith out the same le vel of effort ) for the less d1fticult interfaces . Req uired approva l.
deJrance Jnd co0rdm~11on ha,e been ac comph~hed from .ind '"th appropriate agenc ies . COOT anJ :h e
City. hereinafter Jom1l y referred 10 as ··the Pames"". desire to enter into this :VIOL" to establish general
pro, 1s1ons "11h respect 10 the d1, 1s1on of :espons1b1h11es for the SEC -CT'.\IS ProJect acu\'1t1es JS idenmied
111 the workplan .
Colorado Department ofTransportauon Respons1b1h11e s :
COOT m1ends to perfo1m and .:omplete the SEC-CT'.\IS ProJ ect as ,denufied m the \\O rk plan . Al ·o.
CDOT. a; ,t pertains 10 the sco pe of the SEC-CT'.\IS ProJect. desires to share mforrna11on. and ,me nds to
e 11he r upgr.1de and/or pro\"lde equipment ne c essary 10 ac comp lish the obJec11ves 1den11tied m the work plan .
. .\II upgrades anJ. or equi pment pro,·1ded "111 be done so enttre ly by C OOT .1t no expense to the C 11:y o f
Englewood .
C,rv of En!lle"ood Rcspons1b1ht1es :
The City des,res to receive 1he mfom1allon from CDOT as It pertains to this SE C -CT'.\-IS ProJect. 1he Cir,
intends to rnoperate and pro,·ide the necessary techm.:al assistance .i t the C ,~·s fac1h11e s ;uch that COOT
can pro\lde the mfom1:1ti0n as 1dent11ied m 1he SEC-CT'.\IS ProJect \\llrk p!Jn .
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Should J1sputes ur disagreemen1s occur of an) mailer rela11ng to the SEC-C T'.'vlS ProJect. bo1h C OOT and
the City shall collab0rate to resohe the dispute. If the res ulu11o n cannot be achieved '"tlun a reasonable
lime . the mailer s hall be subrrulled Jointly to the C1 1y ·; Tratlk Engineer and COOT"; Ch 1e1 Engmeer. It a
resoluuon cannot be .1ch1eved ,v,thm a reasonable lime at tlus Je,el. the mailer shall be subnulleJ JOlntly to
the C ll)'S '.\tanager and CDOT"s E)(ecull\C Director for final rcso lu11on of the dispute .
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Me111ora11d111n of Understan d111 g
Colorado Department of Transportation
Cit)' of £11g/ewood
Compensauon
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Neither Plrty to this agreement shall be required to pay any c ompensation to the other Plrty for Jny services
rendered hereunder. Nothing in this agreement shall be construed to place the personnel of an y Party under
the control or emp lo yment of another Party. Nothing in this agreement is intended to create o r grant to Jn y
thud pany or person any right or claim for damages, or the right to bring or ma intain an y action at la w. nor
does any Party waive its immunities at law. including immunity granted under the Colora do Governmental
Immunity Act.
Expenditures and Fees
The Panies to this :VIOU agree that for the purpose of this MO L" is to JO mt ly accomplis h acu vrnes that
could be performed separately b y each Parry . Acc ord ingl y. it is unde rstood that J ny fee conmbuted o r paid.
or otherwise provided by an y Parry to this MOC to the other Plrty m this :V!OC are and remain an
expenditure of the conrributing , pa yi ng , or otherwise pro viding Parry. and are not reven ue o r expenditures
of the rece,vmg Party.
FiscJI In fo rmation
By this :V!OC , neither Plrty mc urs a direct financial obligat io n s uc h thJt appliCJble law require s funds to
actuJll y be encumbered by the MO C th erefor. RJther, sufficient funds fo r Jny financ1Jl obhgauons thlt
md1rectl y result from this :vtO C shJII be encumbered by Panies under sepa rJte. subsequent. third-Party
agreements. through which the equipment and servic es descri bed herein will actually be pro vided.
Fmlnc1 JI 0bligations oi the State of Colorado payJble atier the current yeJr Jre conungent up on fund s for
that purpose being appropriated. budgeted. and otherwise made available. The City"s financial obligauons
un der thi s :VIOL' are expressly subject to appropriation and a,·a ila b iliry of funds fo r that purpose
Tmns of MOC
CDOT ~n d the Ci ty desire to enter mto tlu s \.IOC to establish gen e ral provisions \\Ith respe ct to the J h lS!On
of re s pons1b11i11es for the SEC-CT:VIS Project acti vi ues as identified in the work plan . The '.\le morandum
ofL:nderstandm!l will be effecu,·e upon the date ,t ,s fully executed by the signature s bdow. unul the
temunauon of the SEC-CTMS Project, which is anticipated to be September 30 , 2002 . However. ,f the
Parnes so desire. the term ma y be extended for a s ubsequent time period by vmtten amendment to thi s
MOU.
For C DOT .
Frank Kinder
-oo K ipling St., Suite 2500
Llke\\OOd. CO 301 25
303 -5 11-5 10
for the Cit )
L•dd ostry
1000 Englewood Pkwy
Eni;le"ood. CO 30110
30~-76:C-_5 l I
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Mem ora11d11111 of Understanding
Colorado Department of Transportarion
Cicy of Eng l.twood
Tennina11 on for Cause
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If either PJrty shall fat! to fulfill. in a timel y and proper manner, its material obligations under this '.\IIOC .
the other Party shall have the right to tenninate this :VIOU for cause by giving written notice of such
temunauon, at least thirty (30) days before the effective date of such termination.
T emuna11on for Convenience
Euher Party ma y tenninate this contract at any time if it detennines that the purposes of the :VIOU would no
longer be served by comple tion of the SEC-CT:VIS Project. Party choosing to terminate shall effe ct s uch
temunatton by g1vmg written notice of tennination to the other Party at least thirty (30) days before the
effecttve dace of such termination.
Loc al .:oncern
The Part ies agree and acknowledge that the Jcti v tttes contained m this '.[QC are matters of local concern
only, and that nothing in this :\<IO U shall make or be construed as makmg an y of local concerns covered
here in ma tters o f 011xed conce rn or statewide concern.
No Third Parrv Benefic1arv
It is e xp ressl y unders tood and agreed chat the enforcement of the temlS and condittons of thi s '.\l OL: s hall be
stnc cl y resef\ed to the Part ies herec o . It 1s the express int ent o f the Pa rnes herem that any person o r entity.
other chan the Parnes 10 this MOL:. re ce1vmg services or be nefi ts under this '.\'IOLi shall be deemed
incidental benefic1anes only.
I;\' WIT;s'ESS W HEREOF . the Parties hereto have executed this :VIOC the day and year first above wnten.
Attest :
By
By
Anest :
By
T homas E . ~Orton. Exe cutive Direcmr
Colorado Depamnent of Transportation
(Chief Clerk)
Thomas J . Bums, Mayor
City of Englewood
Loucnshia A . Ellis, City Clerk
Date :
Date :
Date :
Date :
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1-25 Southeast Corridor and CTMS Integration Activities -Appendix C
September, 2000
PROJECT OVERVIEW
COOT is currently working on two major ITS projects . The first is the Colorado Transportation
Management System (CTMS), which is underway and encompasses a number of statewide ITS
integration activities . The CTMS builds on the ITS systems and architecture developed in recent years
during the state-funded Revised Model Deployment Initiative (RMDI). The second is the 1-25 Southeast
Corridor project. Th is is a $1 .5 bill ion program to provide capacity and transit improvements to th e 1-25
corridor from south Denver through the Denver Technological Center (OTC) in the southern suburbs . the
most heavily tr ave led segment of interstate highway in Colorado . ITS planing activities for that project are
in progress as COOT real izes that activ e ITS measures will be required to operate and mange th e corridor
over the required five to seven year construction period .
The or iginal language attached to the FYOO Congressionally Designated Earmark ca ll s for the proi ect
fund ing to be used within Arapahoe and Jefferson Counties in the Denver area . As a large port ion of th e
Southeast Corridor (SEC) project passes through Arapahoe County , the first component of the pro ject w ill
focus on start-up integration activi ties for the SEC . That work will concentrate on development of ce nt er-
to-center (C2C) interfaces between COOT and the follow ing agencies . all of wh ich current ly partic ipate 1n
ongo ing task forces planning the SEC project:
Arapahoe County ;
Aurora :
• Colorado State Patrol :
Den ve r;
Douglas County ;
• Englewood :
Greenwood Village ;
Littleton ; and
• Regional Transportation District (RTD).
Integration ac tivi ties undertaken here in will allow a jump start of the SEC deployment program such th at
COOT is better positioned to successfully operate, manage and maintain 1-25 when construction starts in
ea rn es t. Ear ly 1ntegrat1on w ill all ow corridor agenc ies to share information . manage inc ide nt s , poo l
surveillance data and other resources , and determine effic ient methodologies with which to disseminate
tra vele r 1nformat1on to the public . S imply stated, the funding for this proiect will be used to help m itigate
the impact of the SEC construction work .
Pending FHWA approval , COOT may also use a component of the funding to help acce lerate
development of th e Colorado Transportation Management Center (CTMC) to Co lorado Springs interface ;
a project which is underway as part of the CTMS . The Colorado Springs Traffic Operations Center
prov ides freeway and surface street management in Colorado Springs (El Paso County) and so uth ern
Doug las County . In ad dition, this center can be used to prov ide information to the tr aveler heading north
to De nv er along 1-25 . As of this date , the Theory of Operat ions and System Requ irements for that
interface are complete and th e two parties have initiated a wor k stat ion exchange as an interim measure ,
however th ere may be 1nsuffic 1ent fund ing allocated to move be yond the des ign stage .
The Jefferson County component of the project will be addressed as follows . As part of the CTMS . COOT
is de velop ing a C2C interface with the City of Lakewood . Additional CTMS activ ities include developme nt
of a low-speed commun icat ions architecture intended for deployment activities ; and enhanc ing or
pro viding better internal integration for the following subsystems : 1) weather; 2] "central" closed c ircuit
te levi sion (CCTV ); 3] automated traffic recorder (ATR); 4] highway advisory rad io (HAR); 5] variable
message signs (VMS ); and 6] enhancing CDOT's kiosk and Internet information dissem ination
subs ystems . As the CTMC and Lakewood are within Jefferson County, COOT proposes to use a second
1-2 5 S0u rne:1st C.Jm dor Jna
C MS nteg ra t1on
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Appendix C
September. 2000
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component of the project fund ing to accelerate the referenced integration activities (including the
Lakewood interface ) as well as develop initial planning for add itional Jefferson County C2C interfaces .
COOT Reg ion 6 (R6) is a Colorado leader in the development of incident management and response
planning . 1-25 through the OTC (i.e . SEC through Arapahoe County and surrounding ) has a mature
incident management plan. and 61
" Avenue (US-6) through Denver and the western suburbs (i.e . Jefferson
County ) is a second corridor which R6 will study in additional detail this year . Both plans call for
coordinated incident management between a number of enforcement and response agenc ies .
Consequently. at CDOT's discretion . and with the approval of FHW A, port ions of the pro ject fu nd in g w ill
be used for integration to enforcement or emergency response agenc ies in order to enhance coord ination
and information exchange .
FUNDING
Anticipated federal funding for these projects is earmarked to be $1 .966 ,053 . A one-to-one match is
required , yielding a $1 .974 ,636 state funding match and a tota l project cost of $3 .940.689 . Regard ing the
state match , $381 ,146 is cash ; $405 ,276 is personnel services (COOT ITS staff ded icated full -ti me to the
project) and S1 .188,214 is COOT ITS staff ass igned to some level of the proJect .
EST/MA TED COSTS
The est imated costs listed are not backed by eng ineering es ti mates ; howe ver they will for th e most part be
"design to cost" projects and not subject to adjustment of more than 15% without approva l by FHWA
either in the Partnersh ip Agreement or w ithin projec t work orders or task orders . Budge t am ou nt s w,11
in clude preli m inary eng ineering , eng ineering . adm inistr at ion , evalu at ions , perm itt ing . c learances .
construct ion testing and inspection , consultant Systems Integrator and Program Management suppo rt
serv ices and contingency fund in g . COOT ITS staff personnel serv ic es are includ ed to the thr es hold s
de fin ed 1n th e state of Colorado's proposal to FHWA .
COOT SYSTEMS INTEGRATOR AND PROGRAM MANAGER
If appli cable. the use of the CTMS Systems Integrator and Program Ma nager referr ed to in th is app end ix
will be consistent with CDOT's Special Experimenta l ProJect 14 (SEP-14 ) application for the CTMS , as
prev iously approved by FHWA.
PROJECT SUMMARY LIST
The proposed task orders under this pro ject and their do ll ar value are :
1.
2.
3.
4 .
5.
6.
7.
SEC Information Sharing and Integration
Transit-Highway and Transportat 1on-P uoli c Safety Integra tion
CTMC Interface • Colorado Springs
CTMC Interface -Lakewood
Low Speed Commun ications System De velopment
Weather Systems Integration
ATMS Integration
TOTAL
ATTACHMENTS ON THE FOLLOWING PAGES
s, .000 ,000
S 700 ,000
S 400 .000
$ 300 ,000
S 500 .000
S 140 ,689
S 800 .000
$3 .940 ,689
The attachments on the following pages include task order wor k plans , sc hedules and budgets .
1-25 Soultle•II Corndor and
CTMS lntegralion
Appena,x C
Septemoer. 2000
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1·25 Southeast Corridor and CTMS Integration
Task Order Number:
TIISk Order Name :
Cost:
Proposed COOT Technical Manager:
WORK PLAN
SEC Information Sharing and ln•gratlon
$1,000,000
Frank Kinder
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This project provides for the further development and enhancement of information sharing capab ilities for
agencies along the SEC . Note that specific scopes of work for these interfaces will be initiated in the fall .
2000 time-frame . Because COOT env isions an implementation period of several years before true
corridor integration can be achieved on a w ide scale , it is progress ing on a number of (pre-integration )
information sharing activities . These include CDOT's development of the metro area fiber ring (Denver
metro area) portion of the high speed communications network ; the low speed commun ications network
architecture and the additional integration efforts for its central video subsystem ; all of wh ich are aimed
directly or indirectly at increasing CDOT's capabilities to share video information (in particular) with its
partners . Early integration activities along these lines may include an interim exchange of workstations ;
and conducting needs assessments and developing theory of operations and system requ irements for the
individual interfaces . There may be econom ies of scale inherent with in the project. For examp le ,
developing requirements for one or more of the more complicated interfaces may all ow a great amou nt of
that work to be used (without the same level of effort) for the less difficult interfaces .
Potential interfaces and/or other integration activit ies may include the fo ll owing . Note that 1n all cases . the
enforcement piece of the interface work may be more appropriately ass igned to Tas k Order #2 .
Arapahoe County , Englewood , Greenwood Village , Littleton . Traffic and enforcemen t.
Aurora . DIA inc ide nt management ; traffic and enforcement
Colorado State Patro l. Information exchange ; shared dispatch ; CAD system interface .
City & County of Denver . DIA flight status database ; DIA incident management: traffic and enforcemen t:
additional kiosks ; 1-25 event management.
Douglas County . Video sharing ; additional future integration . spec ifica lly traffic .
• RTD . CAD /AVL interface ; additional kiosk development. Both are a better "fi r' unde r tas k order #2 .
Follow ing completion of the requ irements the follow ing implementation steps wo uld still need to occ ur:
design ; interface development; hardware procurement; software development ; integrat ion of hardware .
software and commun icat ions ; accep tance test deve lop ment ; and syste m tes tin g . COO T ant 1c 1pates
using a portion of the funding for this project to advance and accelerate planning activities for the SEC
interfaces as well as to physically implement as many of these as the budget will allow .
BUDGET
The projec t budget stands at S1 ,000 ,000 at this time . If additional , unspent funds remain from the balance
of any ot her task order . those may be transferred to this ac ti vity as well , pend ing appro val of FHWA.
SCHEDULE
Estab lish pri ority interface li st
Sco ping
FHWA approv al and NTP
Theory of operat ions an d requi remen ts
Commun,cauons system co ncep t/des ign
Insta ll ,nte nm wo rk stations if appl icable
User inte rface/app licauon des ign/de velopment
System to sy ste m des,gn/development if appl icable
lnteg rauon . test ing, do cumentation
I-ZS Southeas t Com aor an c/
CTMS lnte9rJ11on
10/2000
10/2000 -12/2000
11/2000 -0 1/2001
12/2000 -0 5/2001
03/20 01 • 06/200 1
04/2001 -0 7/20 01
05/200 1 · 10/2001
07/200 1 · 11/2001
09/2001 • 0 2/2 002
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1-25 Southeast Corridor and CTMS Integration
Task Ord&r Number: 2
Task Order Name:
Cost:
Transit-Highway and Transportation-Pub/le Safety lnt&gratlon
$700,000
Proposed COOT Technical Manager: Bob Wycoff
WORK PLAN
The planned CDOT-RTD integration was not completed as originally intended during RMDI but has been
identified by COOT as a CTMS/SEC integration activity . This is due , in part, to CDOT's and RTD's
ongoing willingness to partner as well as the large transit component of the SEC . A light rail line from
south Denver to the OTC is parallel to and is incorporated into the corridor cross-section . The previously
planned CAD /AVL integration will allow real-time transit data to be available through the COOT kiosk and
Internet subsystems (and conversely COOT data to be available through the RTD data dissem ination
subsystems). and will provide COOT with additional probe (express bus ) data . In addition , video (and all
other) data sharing will be available between the two agencies .
In terms of public safety integration, the E-911 integration with the Denver Police Department will provide
a blueprint for integration to other enforcement and response agencies in the SEC project. At the top of
CDOT's list for short-term integration are the Colorado State Patrol (with a new computer-aided dispatch
system coming on line), the SEC cities and counties (for traffic and enforcement information sharing ):
emergency response agencies (to assist in incident management and response -particularly along SEC
and US-6 in Jefferson County) and the police departments of the Cities of Aurora and Lakewood (long
planned-for during the RMDI project). By including interfaces to these agencies as a first priority. COOT
will have established nearly complete E-911 coverage for the majority of the Denver area and surrounding
freeway systems as the listed agenc ies comprise most of the police enforcement along these routes .
BUDGET
The project budget stands at S700,000 at this time . If additional , unspent funds remain from the balance
of any other task order . those may be transferred to this activity as well, pending FHWA approval.
SCHEDULE
Establ ish interface priority list
Begin preparat ion of scopes for priority task oraers
Negotiate scope with contractor
FHWA appro val
Issue NTP
Develop theory of operations··
Develop functional requirements·•
Communications concept and design••
Interim work stat io ns if appl icable ..
User interface /application design/deve lopment••
System-to-s ystem design /development 1f applicable""
Integrat ion ..
Documentation""
Testing··
Complete RTD interface work""
Complete Denver E-911 interface wori\"
• indicates CTMS task
.. indicates partial CTMS task
1-25 Southeast CvmcJor !Mid
CTMS Integration
10/2000
1 0/2000 • 12/2000
10/2000 -12/2000
11 /2000 -01 /2001
1 1 /2000 -02/200 1
12/2000 · 03/200 1
02/2001 -05/2001
03/2001 · 06/2001
04/2001 -07/2001
05/2001 -10/2001
07/2001 • 11 /200 1
09/2001 · 12/2001
09/2001 · 12/200 1
12/2001 · 02/2002
10/2000 • 09/200 1
10/2000 · 03/200 1
•
Appendix C
Septemoer. 2000
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1-25 Southeast Corridor and CTMS Integration
Task Order Number:
Task Order Name :
Cost:
Pro p osed COOT Te chn,ca/ Manager
WORK PLAN
3
CTIIC Interface • Colorado Springs
$400,000
Bob Wycoff
The purpose of this project 1s to develop a C2C interface and communications link between the CTMC
and Colorado Sp rin gs TOC (CSTOC). The link would allow the CTMC and CSTOC to mon it or and
operate each other's ITS fi eld equip m ent subJ ect to the estab li shment of operational agreements between
COOT and th e C ,ty of Co lorado Sp rin gs The li nk would also allow the transmiss ion of traffic and inc ident
data between the two centers and provide for human resource sharing efficiency in that CTMC personne l
will be available to assist the City in monitoring the Colorado Springs system during off-hours . The CTMC
is a 24 hour/7 day operation wh il e the CSTOC is nonmally staffed between the hours of 6 AM to 6 PM on
weekdays .
The ATMS at the CSTOC controls cameras . ATR and VMS . In addition . the C ity operates a separate
Traffic Signal Control2 (TSC 2 ) system, wh ich control the City of Colorado Springs and some COOT Region
2 signals , but is not integrated into the ATMS . Th is projec t will include integration of the traffic control
system and ATMS ; followed by integration of the comb ined system to the CTMC . The project will address
several major issues including:
De velo pment of a theory of operations for interaction between the two centers :
De velo pment of functional requirements for interaction between the two centers ;
• Selection, des ign and installatoon of a physical commun ica tion s link between the two centers ;
De velo pment of C2C intertace ;
• De velopment of user intertaces and any supporting applicat ion software ; and
Integration , testing and documentation of all elements .
As the CTMC-CSTOC interface will likely be used as a model for future interfacing of additional systems
to the CTMC , COOT will require the Integrator and Program /Systems Manager to prepare and subm it
extens iv e and comprehensive documentation to outline the interface des ign and implementation process
This work has been initiated through the CTMS project. which has approximately $500 ,000 1n fund ing
alloca ted for the start-up portions of thi s task order. Th is project will all ow the results of that work to be
advanced to the implementation and testing stage .
BUDGET
The project budget stands at S400 ,000 at th is time. If add itional , unspent funds remain from the balance
of any other task order, those may be transferred to this ac ti vity as well . pending approval of FHWA.
SCHEDULE
De velop theory of operat ion s an d funct ional requ irements'
Ana lyie NTC IP C2C protocol'
Commun ic ations concept and design'
Insta ll interim work stat ions·
ATM SfT SC2 des ,gn . development . integration"
User intertace /ap pli cauon des igni de velopm enr·
System to system design/development··
Integration
Documentat io n
Test ing
• ind icates CTM S task
.. indicates partial CTMS task
t-2 5 S0urne:1st Com dor Jna
CTMS lntegrat,on
Complete through CTMS
Complete th rough CTMS
09/2000 -11 /2000
09/2000 -11 /2000
0 1/2001 • 09/2001
04 /2001 -0 7/2001
06/2001 • 09/2001
10/2001 -01 /2002
1212001 -0212002
01 /2002 • 03/2002
Appendix C
September. 2000
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1-25 Southeast Corridor and CTMS Integration
Taslr Order Number:
Task Order Name: ' CTMC Interface • Lllkewood
Cost:
Proposed COOT Technical manager:
$300,000
Bob Wycoff
WORK PLAN
The purpose of this task order is to develop a second C2C interface with a control center in the Denver
area . Due in part to their implementation of a new NTCIP-compliant signal/ITS management and control
system, as well as their willingness to partner with COOT on this initiative. the City of Lakewood was
selected for th is application . The described link will enable data sharing between COOT and Lakewood :
help facilitate incident management efforts and operational efficienc ies along and paralle l to State
Highway corridors in the vicinity· such as US-6 (West 6111 Avenue). US-285 (Hampden Avenue}. SH-470 .
SH-391 (Kipling Street), SH-121 (Wadsworth Boulevard) and US-40 (Colfax Avenue). and provide for
human resource sharing efficiency in that CTMC personnel will be available to assist the City in monitoring
the ATMS during off hours . The project w ill therefore address several major issues including :
• Development of theory of operations and functional requirements for interaction between the two centers :
Design and installation of a physical communications link between the centers :
• Development of a C2C interface :
Development of user interfaces and any supporting applicat ion software : and
Integration . testing and documentation of all elements .
The CTMC-Lakewood interface also will likely be used as th e pattern or model for the interfacin g of
additional systems to the CTMC 1n the future . particularly the potential SEC interfaces . COOT will requ ire
the Integrator and Program/Systems Manager to prepare and subm it extens ive documentation to outline
the interface design and implementation process .
This work has been initiated during the CTMS proj ect. wh ich has about S250,000 in funding allocated for
the start-up portions of this task order. This project will allow the results of that work to be advanced from
the design through the implementation and testing phases.
BUDGET
The project budget stands at $300 ,000 at this time . If add itional. unspent funds rema in from the balance
of any other task order . those may be transferred to this ac11v 1ty as well. pend ing approval of FHWA.
SCHEDULE
Develop theory of operations•
Develop functional requirements•
Analyze NTCIP C2C protocol"
Communications concept and design•
Install interim work stations·
User interface /application design development ..
System to system design development"
Build/Integration
Doc umentat ion
Tes ting
• indicates CTMS task
•• indicates partial CTMS task
l-2S Southeas: Corndor and
CTMS 1n1egra1,on
Complete through CTMS
Expected completion 10100 through CTMS
Complete through CTMS
11 /2000 • 02/2001
02/2001
02/2001 • 06 /200 1
04 /2001 • 071200 1
07 /2001 • 10 /2001
09 /2001 • 11 12001
09 /2001 -1 1/2001
Appendix C
September. 2000
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1·25 Southeast Corridor and CTMS Integration
T•sk Order Number:
T•sk Order Name:
Cost:
Proposed COOT Task Manager:
WORK PLAN
5
Low-Speed Communications System Development
$500,000
Bob Wycoff
COOT, through its Shared Resources Project, is installing high-speed OC-48 fiber optic links along
highway's right of way. The initial portions of the deployed system are 1-70 and 1-25 . as well as the central
"hub" configuration in Denver. This network is vital to successful linking of CDOT's commun ications
nodes but is not designed to provide connectivity to and from ITS field equipment (beyond the provis ion of
regularly spaced access points) along the highway. This project is a critical component of the ultimate
success of the SEC integration effort . The project takes initial steps toward providing connectivity by
planning, designing, installing and integrating low-speed communication links to connect ITS devices to
the high speed backbone, and from there to the CTMC or other COOT command and control nodes . The
goal is to prov ide a standard architecture for these low speed commun ication networks wh ich ca n be
deployed by COOT statewide . The CTMS low speed communications proiect 1s not suffic ien tly fun ded to
provide such links to and from all ITS devices . That being the case. an important piece of the 1n it1al work
is to compare CDOT's ITS inventory. needs and requirements again st the Shared Reso urces
implementation schedule to develop a plan for deployment of the low speed network . Maior issues
addressed by this task order include :
Dete rmining low speed ITS co mmu ni cat ions needs,requ 1rements for the CTMS SEC and Reg ions .
Conaucting a technology rev iew to assess state-of-tne-an .n commun 1cauo ns equ ipment and hardware
• Recommend ing a specific low speed architecture based on tne resul ts of the technology revi ew .
Deve loping a long-and shon-tenm deployment strateg }
• Develop ing an implementation plan ty ing previous act1v11Jes into a report that inc ludes : 1 J COOT standard
architecture for deployment statewide and 2] a pnont 1zed imp lementation schedule .
Designing priority pieces of tne statew1ce networl< nc tu d1ng at leas t one test bed locat io n
• Furn ishing and installing communications hardware . communication hnks and sottware as required .
• Integration and testing of all deployed elements .
Updating existing RMDI documentation or deve loping new documentation to describe the architecture
This work will be initiated through the CTMS proiect. wh ich has approximately $800 .000 1n fund ing
allocated for the initial port ions of this tas k order This proi ect will all ow the elements of th is task order to
continue to be advanced to the design and implementation phases .
BUDGET
The project budget stands at SS00 .000 at th is time . If add itional , unspent funds remain from the ba lance
of any other task order, those may be transferred to th is activity as well, pending approval of FHWA.
SCHEDULE
Needs and requ irements·
Lab test·
Arc hitecture and technolog y re vi ew·
Implementation plan·
Design "
Test plan oevelopment ..
Pro cure . install , test hardware ..
Integrate ha rdware . commun ications ··
Documentation and Test in g••
• 1nd1cates CTMS task
•• 1nd 1cates pama l CTMS task
1-25 Southeast Comdor and
CTMS fntegr;,r,on
11 /2000
06,2000 -10/2000 (underway through CTMS )
11 /2000 -01 /2001
12/2000 · 02/2001
02/200 1 · 04/200 1
0312001 -0512001
04 /2001 -06/2001
06/200 1 -08 /2001
06/2001 -09/2001
•
AppenaixC
Septemoer, 2000
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1-25 Southeast Corridor and CTMS Integration
Task Order Number:
Task Order Name:
Cost:
Proposed COOT Technical Manager ·
WORK PLAN
6
WNther Sysmms Integration
$140,689
Bob Wy coff
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This project takes the initial steps toward development of subsystems and/or interfaces to support
dissemination of crucial weather information to CTMS operators ; COOT maintenance forces ; other COOT
personnel (such as Intergovernmental and Public Relations ); the COOT Regions ; public agency partners
and the general public. To that end . this project will include: identifying the amount and type of data
residing on the ex1st1ng CTMC weather server(s); determ 1n1ng the methodologies used and issues
encountered by other state DOTs in the dissemination of similar detailed weather information ; and
beginning the development of such a system for future integration with the overall CTMS software
package . Major project issues and tasks are as follows :
• Ident ify ing the amount. type and configuration of the data and databases res iding on the CTM S weather serv er.
Ide ntifying methodologies used and issues encountered by other state DO Ts wh ich disseminate simil ar data .
Determining legal issues which may be associated with provid ing enhanced weather data to th e pub lic .
Conducting a wor1<shop to discuss results of the inventory acti vity and options to ach ieve impro vement.
Identification of short· and long-term options to implement impro vements (i nternally and extern ally)
• Implementation of short-term improvements or interfaces/subsystem prototypes .
• Integration and testing of all short-term elements.
This work will be in it iated through the CTMS project . whi ch has approximately $100 ,000 in fund ing
allocated for the start-up portion of this tas k order . Th is proi ect w ill a ll ow the resu lt s of th at wo rk to be
advanced to the implementation and testing phase.
BUDGET
The proi ect budget stands at $140 ,689 at th is time. If add it ional. unspent funds rema in from the ba lance
of any other task order, those may be transferred to this activity as well , pending approval of FHWA.
SCHEDULE
Surveys•
Implementation Plan·
Test plan development•
Procu re , insta ll , test hardware••
Develop . install . test software••
Integrate hardware . software , communications
Docum entat ion
Testing
• 1nd 1cates CTMS task
•• ina icates partial CTMS task
1-25 Southeast Co mdo r and
C TM S 1nr egra11on
11 /2000 • 12/2000
12/2000 • 01 /2001
0 11200 1 • 02/2001
02/200 1 · 03/200 1
03/2001 • 05/2001
04/2001 • 06/2001
05/2001
06/2001 • 07/2001
Appendix C
Septemoer. 2000
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1-25 Southeast Corridor and CTMS Integration
Task Order Number:
Task Order Name:
Cost:
Prop osed COOT Technical Manager:
WORK PLAN
7
A TMS lnr.gration
$800 ,000
Frank Kinder
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This is the overall integration and architecture compliance activity for the CTMS project. A series of initial
task orders for this project has already been developed and have an initial focus in the follow in g areas :
• Further development and enhancement of !he CTMS "central" video systems ;
Development of NTCIP-compliant dnvers for the CTMS ·central" VMS subsystem;
Integration of ATR data;
• Further development and enhancement of the kiosk and Internet user interfaces . screens and subsystems ;
• Further development and enhancement of other ·central" information dissem inat ion subs yste ms such as !he 1-
800 information li ne , broadcast fax . HAR and so on .
Development and enhancement of the Denver area inte r-age ncy communic auon s network .
The first of these tasks enhances and modifies the CTMC ·centra l" video systems . commun icac ions and
architecture to allow for improved operauons and eas ier sharin g of vi deo between COOT and ,t s partners .
COOT will determine the hardware and software requ iremen ts needed to establi sh successful
communications and control between the ex ist ing and new (year 2000 ) cameras and th e CTMC . includ in g
the required modificatio ns to th e centra l vi deo sys te ms and architec ture req uired to facili tate easie r vi deo
sharing between COOT and its partners . Later , the planned m od ifi cat io ns w ill be des igned and
implemented .
Next . COOT w ill develop NTCIP-compl iant drivers to com municate with its VMS signs . develop a system
to bring additiona l traffic count data into the CTMC mu lti-modal database. and cont inue to develop and
en hance th e ce ntral com po nent of the HAR . VMS broadcast fax and ot her information d isse min at ion
subs ystems .
The kiosk and Internet integration task follows a similar deployment path . The intent of this integration
ac 11v1ty is to develop a more robust kiosk/Internet system , which will be more user-fri end ly and w,11 all ow
for the inclusion of addit ional displays and screens as they are deve loped .
The work under the Denver area communications task inc ludes procurement of end-to-end hardware as
req uired to li ght an exist ing fiber optic network in the Denver area wh ich includes phys ica l li nks betwee n
the foll ow ing facilities : 1] CTMC ; 2] Reg ion 6 HOV node bu ilding #1 ; 3] Coors Field (C ity of Denv e r); 4]
Aurana TOC (C ity of Denver); 5] Region 6 ; 6] COOT Headquarters ; and 7] City of Lakewood .
Ad d1t 1onal work whi ch COOT w ill undertake with in thi s project inclu de m isce ll aneous 1ntegrat1on ac11v it 1es
such as the incorporation of port of entry data into the multi-modal database ; further development of the
E-91 sys tem current ly be ing developed with the Denver Pol ice Department ; an add itional interface to th e
Colorado State Pat rol as the ir computer-aided d ispatch sys tem comes on li ne ; and add itional interfaces to
ot her fi eld equ ipmen t systems . Again , these represent ke y build ing blocks toward ultimate , successful
SEC int eg rat ion .
Th is work will be initi ated throug h the CTMS project, w hi ch has approx imately $1. 10 7,000 in fund ing
allo caced for Ch e scart -up port ion of thi s task order . Of th is. about $400 ,000 has been allocated for the
De nv er area fi oer optic network implementation . This proiect will allow that task order and other ac tiv it ies
w ithin the um bre ll a integration eetl'lity to be accelerated or completed .
BUDGET
The proi ect budget st ands at $800 ,000 at this time . If add itional , unspent fun ds rema in fr om the balance
of any other tas k order . those may be transferred to this activi ty as well , pending approva l of FHWA.
1-25 Southeast C~maor an d
CTMS 111 tegr311an
Appendix C
Septemoer. 2000
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SCHEDULE
Denver E-911 interface refinement'
Central HAR subsystem improvements-
CCTV central needs and requirements·
CCTV central architecture development'
CCTV central system design phase•
CCTV central system build phase-
NTCIP VMS protocol requirements•
NTCIP VMS protocol design•
NTCIP VMS protocol implementation"
ATR integration requirements•
ATR integration design•
ATR integration implementation-
Kiosk/lntemet requirements•
Kiosk/Internet design•
Kiosk/Internet implementation-
Denver fiber ring design•
Denver fiber ring implementation•
• indicates CTMS activity
•• indicates partial CTMS activity
zlceodat\21 OOOO\ear2000\partagreeappc.doc
1-25 Southeast Comdor 3IH1
CTMS lnlegflltiotl
•
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09/2000 • 12/2000
09/2000 • 12/2000
Ongoing through CTMS
08/2000 • 10/2000
09/2000 · 11 /2000
11/2000 • 02/2001
Ongoing through CTMS
01/2001 • 04/2001
03/2001 • 06/2001
01/2001 • 03/2001
03/2002 • 05/2001
05/2001 • 08/2001
Ongoing through CTMS
07/2000 • 09/2000
09/2000 • 11 /2000
Ongoing through CTMS
09/2000 • 11 /2000
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Appendix C
Sepremoe,. 2000
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
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COUNCIL BILL NO. 51
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH
PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND
WHEAT.
WHEREAS, SINCE 1982 , THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT (LEWWTP) in cooperation with Colorado State Univers ity
(CSU) Department of Soil and Crop Sciences has successfully conducted a co ntinuou s
research program to observe the long-term effects of the application of bi oso lid s for
dryland wheat farming; and
WHEREAS, the Englewood City Council passed Ordinance No. 84 , Series of 2000
approving an IGA with Colorado State University (CSU) for the Cooperative Research
Project on land application of sewage biosolids on dry land wheat for the yea r 2002 :
and
WHEREAS, the research has provided long-term research d a ta and a so und ba s t
of knowledge of the biosolids produced by the LEWWTP and the environmental
impacts of the product; and
WHEREAS, the LEWWTP/CSU research project has been instrumental in
establishing the basis for biosolids beneficial use for the growth of dry land whe at cr ops
in the arid western states and in Australia ; and
WHEREAS, the long-term research demonstrates that the beneficial use of
wastewater biosolids is an environmentally safe, economically beneficial and
agriculturally sound practice for recycling and conserving a valuable resource : and
WHEREAS , the research has benefited not only western states farming
communities, but also biosolids researchers, regulators , generators, appliers and other
environmental professionals ; and
WHEREAS, in 1999 the LEWWTP and CSU received the U.S. EPA Outstanding
Research Contributing to Beneficial Use of Wastewater Solids -First Place National ;
a nd
WHEREAS, CSU has submitted their proposal for the cooperative research project
on land application of sewage biosolids on dryland wheat; and
WHEREAS , the 2002 study will include study sites at the Bennett s ite , the Kiowa
site a nd the Byers site, farms owned by LEWWTP ;
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NOW, THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. The Colorado State University Biosolid s Research Agreeme nt betwee n
the Colorado State University and the Littleton/Englewood Wastewater Treatme nt
Plant, attached hereto as "Exhibit A", is hereby a ccepted and approved by the City
Council of the City of Englewood .
Section 2. The Director of the Littleton/Englewoo d Wast ewa t e r Treatme nt P la n t
is authorized to execute the 2002 Colorado State University Biosolid s Re se arch
Agreement for and on behalf of the Littleton/Englewood Wastewater Treatm ent Pl a nt.
Section 3. The Director of the Littleton/Englewood Wastewater Treatment Plant
shall be authorized to further extend the Intergovernmental Colorado State Unive r sity
Biosolids Research Agreement for the cooperative research project on land application
of sewage biosolids on dryland wheat, betwee n the Littleton/Engle wood Waste wate r
Treatment Plant and Colorado State University, for fiv e a dditional one (I) yea r
periods.
Introduced, read in full , and passe d on fir s t r eadmg on the 61h day of Au gust, 200 1.
Published as a Bill for an Ordinance on the 10th day of Augu s t , 2001.
Read by title and passed on final reading on the 20th day of August, 2001.
Published by title as Ordinance No . ~ Series of 2001 , on the 24th day of
August, 2001.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Ellis
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT Cityof 5S C~of
Littleton ( (_ Englewood -""-"""°"" ........ c-111,,0 ---,,.._
August 15, 2001
Dr. Ken Barbarick
Dcpanme:it of Agronomy
Color.Mio SI.Ile University
Fort Collim. Colorado 80523
R'!=· COOPERATIVE RESEARCH PRO JECT -SLL'DGE APPLICATION TO DRYLAND
WHf.AT FIELDS
Dear Dr. Barbilrick:
We arc pleased ttJ infonn you that the 200 proposals for continuing the rese=h projccls al lhe
Bcnnett, Kiowa :and Byers sit=s were approved at the July 19, 2001 Supervisory Committee meeting .
This leuer serves iA1> .&ulhori:t.alion for I.he 2002 lilu.t.ii~. Aulhon,aliun i:; hllli\:Cl on th.: following
undcrstmding:
1.
2.
j ,
4 .
s.
(1 .
7 .
The upper e~penditure limit fer the Wesl and Korlh Bennett studies is S2 7.6'i 9 for fiscal
year 2002 .
The upper expendilw-e limil for the Kiowa study is S6 ,018 for fiscal year 2002 .
The upper expenditure limit for the Byers study is 536.417 for fiscal year 2002 .
Separate authorization must be obtained for additional work beyond th.,t descrihcd in I.he
proposals .
Progress reporting and invoicin1: will be on a quarterly basis. Project n:ymrts must
accompany all invoices, also on a quarterly hasis. A final report will be provided.
Invoices an lO provide dcltaikd back&rouo.d of project costs accordini: to c:itcgorics
shown in the Propoaed Budget Tables in your proposal.
All public:.&lions pertaining to the research work will be subm itted to the cities for review
prior IC rc!CUK . All other c,inditio115 set forrb in your !line 2000 propoul ~ be
incoq,ur.awd in this agreement.
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CSU R~h Projects
August 15 , 2001
Page Two
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We anticipate your program will proceed immediately. Please acbowledgc yow aceq,tance oC lhc
tams of lhe qreemcnt by npina the bottom por1ion or Ibis letter 11111 muminK &be oriaiml to me for
the official City {C(:ords.
Vcey truly youn,
Stewart H. Fonda
Director
ACCEYTANCE OF TERMS OF AG.REEM&:NT:
Signature
SHF!cg
Attachment
TiUe Date
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LAND APPLICATION OF
· SEW AGE BIOSOLIDS
PROPOSAL FOR COOPERATIVE
RESEARCH PROJECT BETWEEN
COLORADO STATE UNIVERSITY
AND
LITTLETON/ENGLEWOOD JOINT
COUNCIL
2002
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I. Land Application of Sewage Biosolids
II. Personnel
Project Leaders :
Research Associate :
III. Introduction
K .A. Barbarick , Professor
G .A. Peterson, Professor
J. Ippolito
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We have studied the beneficial use ofLinleton/Englewood (LIE) biosolids since 1982 at
West Beru1ett, since 1988 at Kiowa, since 1993 at North Bennett, and since 1999 at Byers. We
lost one of the West Bennen sites to deve lo pment and research at the Kiowa location is less
critical now that the j oint c ity co uncils have purchased the B yers property . We will present the
proposed research and associated budget se parate y for all four locations and then present the
total budget for our proposed research .
IV. Bennett Study Sites
A. West Bennett
We established sites A and Bat West Bennett in 1982 and in 1983 , respecti vely. Our
coope~ating fanner, Jim Hazlett has sold site B for homesite development. We will continue
using Wes t A since it represents the last of our original, Jong-term sites . S ince we follow a foli o\
system for our dry!and wheat study, we would use this site every other year. We established this
site again in summer of2000 and will harvest the wheat in summer 2001 . This site will rem ain in
fallow from Jul y 2001 until late July or early August 2002 when we will again app ly LIE
biosolids .
B. North Bennett
We initiat e d the North B en.nett expe.rimental lo cati on to re?lace the Ea st Bennett plots
t hat we Jo st in ! 993. Our fonner coo perat in g farmer at Ea st Bennett, Ke vin Helze r de cided to
g row irrigated cro p s on our study s it es in 1993 . We also changed the experimental approach at
. onh Be nn ett t o focus on determining the N equ iv a l ency ofl/E biosolids associated wi th
repeated ap plicat ions in a dry land wheat summer-fallow agroe co system . We will complete
harvest soil, gra in, and straw sampling and analyses as we have in the pas t .
C. Objectives for the Bennett study sites (West and North Bennett)
The objectives of the Be:inen study are :
l. To determine the cont inuing effects, at Wes t Beru1ett site A, of various
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sewage-biosol ids rates on dryland wheat including grain yield, protein
content, potential income and the N, P , K concentrations after one
app li cation ofliquid biosolids (1982) plus nine additions of dried b iosolids
(1984, 1986, 1988, 1990, 1992, 199 4, 1996, 1998, 2000). The next
scheduled biosolids application is in 2002 .
2. To quantify the N cquivalency of repeated biosolids application under fie ld
cond it ions compared with commercial N fertilizer at our North Bennett
plots .
3. To study the long-tenn effects ofL/E biosolids on uptake of Cd, Cr, Cu,
Ni, Pb, Mo, and Zn by wheat .
4 . To study the long-tenn effects of LIE biosoli ds on As , Hg, and Se levels
in soil and grain in the 0, 2, and 5 dry tons /acre plots for the North Bennett
site and on the 0, 3, and 6 dry tons/acre plots for West Bennett s ite A .
Samples will consist of a c omposite of all replications for each rate for
grain analyses . This gives three grain samples each for both North and
West Bennett. We also will composite separately the 0-20 and 20-6 0 -cm
soil samples from the same plots as the grain samples. This will provide
us a total of six samples to analyze for each site.
5. To observe long-tenn changes in the water sorptivity of the soil with
continued LIE biosoli ds additions at North Bennett.
6. To determine the accumulated N03-N levels to a depth of 18 0 cm (6 feet )
assoc iated with repeated application of various N fertilizer or sewage
biosolids at our West Bennett site A and North Bennett plots .
D. Bennett study sites budgets (See Table 1 on the next page) .
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Table 1. Proposed budgets for the West and North Bennett sewage biosolids stud i es.
Budget item
Soil and Grain .-'\nalyses
for As , Hg, and Se
~1{.~~~fF:~r~~
Travel
:.·;:·~·· ·· : -.". ~ii(· ~·E:if;;
. ·H.arvest; Plot Set-up'.{ .. J~:ii.{ ·
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Research Associatet
Overhead~
2001
864
20 11
146::1
464:2
Proposed
2002
432
15 08
15509
544 7
Proposed
2003
864
2011
16440
625 1
We will shift some hourly-labor costs to other proj ects to help accommodate the
incre:ises in overhead. Assumes 50 % of the student hourly's effort on the Bennett and
50% effort on the Byers site .
Assumes 5.5 months on the Bennett st udy, 0 .5 months on the Kiowa study, and 6 months
on the Byers study. We also assumed a 6% salary increas e for 2002 and 2003 . We
assumed that all other costs for 2 002 and 2003 will re main the same as 2001.
Fr inge benefit rates for the Research Associate were .S.2% for 2001 and es ;imated to be
19. l "lo for 2002 and 19.2% for 2003.
Overhead was 20% in 200 1. The Co lo rado State l :niv e~si ty Office of Sponsored
Programs is requ iring us to increase overhead to 24.5%, the current off-camp u s overhe:id
charge, in subsequent years .
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V. Kiowa Study Site
A. Iotroductioo
We will continue to take water samples from the four wells on a quanerly or annual basis.
Quarteriy samples wou ld include analyses for total N, N03-N, NH,-N, P , K , Ag, Al , As , Cd , Cu,
Fe, Pb , Hg, Mo, Ni, Se, and Zn . We also will ana ly ze th e annual samples for endrin, lindane ,
methox ychlor, toxaphene, 2,4-D, and 2,4,5 -T . The objective of this study is continued monit ori ng
of groundwater in four wells for total N, N03-N, NH,-N, P, K, Ag, Al, As , Cd, Cu , Fe, P b, Hg,
Mo, Ni, Se, Zn, endrin , lindane, methoxych lo r , toxaphene, 2,4-D, and 2,4,5-T following the
disc ontinuation of biosolids appl ication (last application was in August 19 98).
B . Kiowa study site budgets (See Table 2 below)
Table 2 . Proposed budgets for the Kiowa se w age bioso .ids stud y .
B udget Item 2 001
(c urrent
b udget)
P roposed
2002
Proposed
2 003
Research Associate1
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·~pig~:.~efi ~&Ji!:i~~~ti-9.~~r,,S.9.£~!:}i
133 0 141 0 14 95
Trave l 400 400 400
Total $5672 $6018 $6147
One-half month of salary covered in 2001 , 2002, and 2003 . An increase of 6% was
assumed for Research Associate for 2002 and 2003 . We assumed that all other costs for
2002 and 2003 will remain the same as 200 I.
F ringe benefit rates for the Research Associ a te were 18.2% for 2001 and estimated to be
19.1 % for 2002 and 19 .2% for 2003 .
Overhead was 20% in 200 I. The Co lorado S tate Univ ersi ty Office of Spons ored
Programs is requiring us to increase overhead to 24 .5%, the c urre nt off-campus o verhead
charge, in subsequent years .
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VI. Byers Study Site
A. Jotroductioo
With the development of the Byers biosolids-application location by LIE, we are
developing some practical, never-done-before research. No-till and minimum tillage management
is increasing in popularity in eastern Colorado because it improves water conservation and all ows
more intensive cropping . Biosolids application could enhance the benefits of no-till or m inimum
tillage by improving soil cover and soil physical characteristics when surface applied. The
biosolids could work in concert with crop residues to allow farmers to meet the 30% soil
coverage required by the Natural Resource Conservation Service to comply with conservation
programs .
Biosolids application could initially supply soil cover unt il adequate crop residue can
accumu late . Continued additions may even provide production and economic advantages .
Farmers may eventually use biosolids as an integral part of a conservation program . To date , we
have applied biosolids for the second-year rotation to plots growing wheat, com, and sunflowers.
B. Objectives
Our objectives at the Byers site are:
1. To determine if increasing biosolids application from once every two years
to two out of three years or four out of fi ve years is a feasible manageme:1t
alternative.
2 . To determine ifbiosolids application will improve surface sorptivity
(water infiltration) in no-till or minimum tillage systems that include row
crops under dryland conditions.
3.
4.
To determine ifbiosolids behave like crop residues in terms of moisture
storage and crop production . Available-water storage and crop yields are
the properties of greates interest. '
To determine the effects ofbiosolids app lication at the agronomic rate
compared with commercial N fertilizer in three cropping systems on soi l
and grain accumulation of plant nutrients and trace elements limited by the
Colorado Department of Public Health and Envi ronment in their biosolids -
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C. Procedures
Treatments :
1. Three crop rotations:
a. Wheat-fallow (typical rotation)
b. Wheat-com-fallow
c. Wheat-wheat-com-sunflowers-fallow (based on managing
Farmer's interest)
2 . Two biosolids/fenilizer treatments:
a. B iosolids application to supply N recommended for the
measured soi l N03-N (e .g., the agronomic rate ).
b . Commercial N fert ilizer at the agronomic rate .
D. Experimeotal design
We will use two blocks (replications) of each treatment arranged in a split-plot design.
The main plots will consist of th e cropping rotations while we will split each ma in plot to
accommodate biosolids application on half the pl ot and commercial fertilizer addition on the
other half.
All phases of each rotation will be present each year to allow assessment of all soil and
crop responses each year. This would require a total of 20 main plots and 4 0 sp it p lots (2
replicatio ns, 10 cropping rotations, 2 biosolids/fertilizer treatment sp lit s).
Each main plot will be 0 .8 km (0 .5 miles) long by 30 m (100 feet) wide . Each
b iosolids/fertilizer split would, therefore , be 15 m (50 feet) wide .
E. Measurements
We will complete the following measurements or analyses .
1.
2.
3.
4 .
5 .
Annual grain and biomass yields .
Soil water content to 180 cm (6 feet) for each crop each year.
Water sorptivity .
Complete records on farmer inputs .
P lant -available Concentrati ons ofN03 -N, P , K , Fe, :tv1rl, Cu, Zn,
Na, Cd, Cr, Pb, Mo, and Ni in soil before each crop planting
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(determined in 0-5, 5-1 0, 10-20, and 20-30 cm samples from each
replicated plot).
6. We w ill compos ite 0-5-cm soil samples for As, Hg, and Se
analyses for each replication before each crop planting. This will
give us 14 soil samples to analyze for As, Hg, and Se each year .
7 . Deep soil sampling before each crop planting by hydraulic probe
forN03-N (determined 0-30, 30-60, 60-90, 90-120, 120-150, 15 0-
180 cm samples, if possible, from each replicated plo t).
8 . Concentrations of P, K, Fe, l'vln, Cu, Zn, Na, Cd, Cr, Pb, Mo, and
Ni in grain sampled from each replicated plot.
9 . For annual As, Hg, and Se grain analyses, we wi ll composite grain
samples for each bio!:olids or N fertilizer replication for each type
of crop. This scheme will provide us with eight whe at, four com,
and two sunflower samp les for As, Hg, and Se anal ys es each year.
F. Byers study site budgets
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Table 3. Proposed budgets for the B yers sewage biosolids study.
Budget Item
Weather Station Maintenance
~tflt11tt~~~~ .. , .• ~;.~'.r--:br..:-.·:!-~.~
Overhead§ 5593 7166 7467
We will shift some hourly-labor costs to other proj ects to help accommodate the
increases in o verhead. Assumes 50% of effort on the Be:inett :md 50% effort on the
Byers si te .
Six mo nth s ofsalart covered in 2 001, 2002, and 2003. An increase of6% was assumed
for the Research Associate for 20 02 and 2003. We ass um ed that all other costs for 200 2
and 200 3 remained the same as 2001.
Fringe benefit rates for the Research Associate were 18 .2% for 2001 and estimated to be
19 .1% for 2002 and 19 .2% for 2003 .
Overhead was 20 % in 200 1. The Co lorado S tate University Office of Sponsored
Programs is requiring us to increase overhead to 24.5%, the current off-campus overhead
charge , in subsequent years .
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VII. Total Budgets
We have tabulated the total budgets by location (Table 4) and by budget category (Table
5) for 2001 through 2003.
Tab le 4. Total budgets by location for 2001-2003.
Location 200 I ( current)
Kiowa 5672 6018
T otal $67085 $70 114
Table 5. Total budgets by budget categories for 2001-2 003.
Item
Personnel
Travel
Tota l
Research Associate
Fringe benefits
Hourly student
2001
(current)
3192 :!
5810
1200
6 411
$67085
Proposed 20023
Proposed
2002
33838
6463
1200
5908
$701 14
614 7
$75855
P roposed
2 00 3
3536 9
6 886
12 00
64 11
$75855
Overhead was 20% in 200 l. The Colorado State Unive~sity Office of Sp onsored
Progr ams is requiring us to increase overhead to 24 .5%, the c urrent off-c:i.mp us overhe1d
ch arg e, in subsequent years.
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ORDINANCE NO,_
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 52
INTRODUCED BY COUNCIL
MEMBER GRAZULIS
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL GRANT FOR THE
STABILIZATION OF THE THOMAS SKERRITT HOUSE BETWEEN THE
COLORADO STATE HISTORICAL SOCIETY A.1'fD THE CITY OF ENGLEWOOD.
WHEREAS, the Englewood City Council authorized the purchase of the Thomas
Skerritt House and the surrounding four (4) lots located at 3560 South Bannock
Street in order to preserve this historically s1gruficant site by the passage of
Ordinance No. 16 , Series of 1999; and
WHEREAS, the City applied for and received a Colorado Historical Fund gra nt to
conduct a historical assessment of the property in 1999; and
WHEREAS, the City funded an environmental assessment of the building and a
civil survey of the property; and
WHEREAS, the City applied for and received a second Colorado Historical grant
for $80,000 to remove hazardous materials and stabilize the building from further
structural deterioration; and
WHEREAS, the passage of this Ordinance will authorize acceptance of the second
Colorado Historical Society grant in the amount of $80 ,000 with matching funds of
$40,000 from the City of Englewood and another $40 ,000 from the Arapahoe County
CDBG grant which will be used to address the stabilization of the Thomas Skerrit
House in order to prevent further deterioration:
NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the Intergovernmental Grant for the Preservation and Hazardous Material of the
Skerritt house between the Colorado Historical Society and the City of Englewood ,
a ttached hereto as "Attachment l " .
Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said Co ntract on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 6th day of August,
2001.
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Published as a Bill for an Ordinance on the 10th day of August. 2001.
Read by title and passed on final reading on the 20th day of August., 2001.
Published by title as Ordinance No .~ Series of 2001. on the 24th day of
August, 2001.
Thomas J . Burns, Mayor
A'ITEST:
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No._, Series of 2001.
Loucrishia A. Ellis
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F 11m ____ (R 5i98)
CONTRACT
~~r~ffiµBamdSW+,~ I
Colorado Histoncal Society
~~R:!m'.2.:.i l
I ~C!;i@ttte:r:r$;i;~ I
APPROVED WAIVER FOR.'vl CXIX-C
THIS CONTRACT. Made tlus ___ cuy of , 2001. by and between the State of Colo rado for the use and benefit
0 i :h e Depanment of Hig her Educ auon. Colorado Histoncal Society, 1300 Broadway, Den ve r. Colorado 80'.:0 3. hereinafter referred 10 as the State
l!lcior the Society, and the City of Englewood. 1000 Englewood Parkway, Englewood, CO 80110. hereinafter referred to as the "C ontractor",
',VH EREAS. aut hority exists m the Law and Funds have been budgeted. appropnated and o therwise made av:ulable and a sufficient unc omnu tted
balance thereof rcm:uns available for encu mbenng and subsequent payment of tlus Contract unde r Encumbrance :slumber------
in Fund Number JOI. Appropnauon Account ~I and Organ12at1o n SHFG . an d
VHEREAS . required approval. clearance and coordmauon has been accomplished from and with 1ppropnate agenc ies : lll d
VHEREAS. Artlclc 12-J 1-1:!0l of the Colorado Revised Statues and Subsecuon (5 ) ) (III) oi Semon 9 oi Arti cle XV III of .estate co nmrut1 on.
provide for the annual d1str1buuo n of monies fro m the State Hmoncal Fund: and
.VH£REAS . the Contractor is eligible in accordance with law to rece ive a State Histor.cal Fund prcser\'at1on grant award for lcqu1s1t1on an d
devcl opmeot pro;ccts wtth cu mu lauve grant awards over Sl0.000: and
VHER EAS . du s Contract (hereina fter "Contract" or "Agreement ") sets fonh the Scope oi Work. Budget and Lm oi Subrruttal s. hc,c,naitcr referred
to as the "Pro;ect ·. and
\'HEREAS . the Con tractor 1s a public cnory and the owner in fee simple of ccn:un real propc n y in . .\raplhoe County. Colorado. wiuch property has
been listed 1n a local reg,ster of !ustonc propemes JS the Thomas S~emtt House located at 3560 S Bann ock St.. E~glewood. CO.
hereinafter referred to JS the "P,openy," and wluch Property is more panicular ly descnbed JS follo"s
LOTS IJ TO 17. INCLUSIVE. BLOCK 6
SKERRIITS ADDlTIO:sl TO E NG LEWOOD . THIRD Fil.ING
COUNTY OF ARAPAHOE
STATE OF COLORADO
OW THEREFORE. tt IS hereby agreed th at:
I. The Contractor shall use funds subicct to tlus Contract 1n support oi Project #2001-02-101 "Preservation and Hazardo us
Material Removal " in accordance wnh the Scope of Wo rk attached hereto as Estub1t A. including all applic,blc plans and
spec1ficauons dc \'clopcd pn or to or dunng the co ntract penod. wtuch arc hereby made a pan of tlus Contract by reference .
2 .
3.
APPLICABLE STANDARDS · The Contractor agrees th at 1t will perform the acm·111es and produce the del tv crables listed in Exlu b1t
C in accordan ce with the pertinent sections of the :ipphcJble S<eretary of the lntenor s Standa rds fo r Archaeology and H isrorrc
Prese,...·a11o n . Contractor shall perionn any and all survey arn,,ues and subnuttals 1n accordance with the Colorado Cwrural
Re so urce Survey Manual . Vo lumes I and II . June 1998 for an y and all surv e y Jct1v1u es and proiects (copies of wluch are av:u !Jbie
through the Society).
RIGHT OF USE : All copynghtable m:itenals and/or subnuttals developed or produced und er tlus contract arc subiect to a
ro yalty-free . none,clusive. and 1rTevocable license to the Society to reproduce . publIS h. dISplay . pcrfonn. prepare de n vauve works or
otherwise use. and authonze others to reproduce . publish, display. perfonn. prepare denvauve wo rks . or otherw ise use. the work or
works for Society and/or State Histoncal Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from August 31, 2001 through October 30, 2003.
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The pe rfornunce of the work must be commenced wi thin s1,ty (60) days of the Contract begmrung date unless a longer penod IS
approved in wnting by the St:ue Historical Fund Adnunistrator. The pe rt'orrnance of the work must be completed no later than thirty
(30) days prior to the Contract endln1 date.
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5. COMPE :"IS A TIO N AND METHOD OF PA Y'4E:"IIT . In constderauon of the proiec t descnbed Ill E.<lu b1t A and subJect to on 11m~-,1
del ivery of co mplet1 on of the lllllestones contained m the List of Subm irrals set forth m Exhibi t C. the State shall pay 10 the
Contractor a grant not to exceed eighty thousand dollars ($80,000.00).
Unless oth er.vise spe cifie d in E:<lub 1t C. the Stlte shall advance fo rty-percent (40 '1,) of the total gr ant amoun t upo n proper execuuon
of this contract and upo n subauss1on of a SHF Paymen t Request . fiit y-percent (50"oJ will be paid to the Co ntrlClor upon submtssto n
and approval of the !ntenm SHF Finan cial Repon. The remammg ten -percent (IO<io ) of the grant amount sh all be pa.i d following
Contrlc tor's submtss1on and the State's approval of the Fina l SHF Finan czal Rtpon l!ld SHF Pa:,mtnt Reques r Form (.~trachmtnrs /
and c ). All payments are subJect to the satisfactory com pletion of mtlestones descnb ed tn E.\lubtt C and submission by Contractor
or either documented proor or certification or expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution or this Contract are not eligible expenditures ror State
reimbursement. If the Project in vol ves matching funds the SHF may allow pnor expenditures Ill furthc:l!lce of th e Scopt o \Vor ·
to be counted l S part of such matclung funds .
6. ACCOUNTDIG : At all times from the effecuve date of tlu s Con tr ac t un ul co mp letion of tlus Pro1 ect. the Contractor shall maintJJn
properl y segregated books of State funds. matching funds . and othe r fu ncs JSsociated with th.ts Proiect. All rece ip ts :ind ex pend trure s
assoc ,ared with said Project shall be documented 1n a de tai le d and specific manner. an d shal l ,ccord wnh the Budger set orth ,n
Exhibit B. Contractor may adjust budgeted expend irure amounts up to ten percent (lO "'a ) wnlun sai d Budget '""~act appr o,al of :h e
Sme and document the adjustments tn the nest financial report . Ad justments of bud get expendtrure amou nt s m excess of ten pe rc ent
(10%) must be authonzed by the State . In no event shall the Stlte's total fin ancial obhgauon exceed the llDOunt she" n ,n P:uagr>ph
5 abo ve. Interest earned on runds advanced by the State shall be applied to eligible project expenditures, and will be deducted
from the final payment.
7 AUDIT The State or 11s authonzed representative sh al l hlve th e nght to inspect. e.<:lI!:me . and ,ud1: Contrl :or's recorcs. co ·s.
and accounts . includ ing th e n ght to lu re :ut independent Comfied Public Accountant oi the State s choosm g l!ld lt the State s e,pease
to do so . Such discreuonary audit m;iy be called for at lil y ume l!ld fo r lll" re,son ~om t~e effe ct " e date oi t.'i:s CJntrlC! unu :hree
(3) ye ars after the date final payment for tlus Proiect 1s recet \'ed by the Contractor provided thlt the aud11 1s ;,e::·o r:':led lt , ume
convenient 10 the Contrac tor and dunng regu lar business hou rs.
S. PARTIES RELATIO NSHIP · CO:"ITRACTOR IS A GRA:"ITEE AND NOT AN E:VIPLOYEE OR .-\GE:"IIT OF THE STATE .
CONTRACTOR SHALL HA VE :,;o AUTHORITY . EXPRESS OR 1:VIPLIED. TO BL'D THE STATE TO -\:-Y AGREDtE:--JTS
OR liNDERST.-\.ND(ll;GS WITHOUT THE EXPRESS WRITIEN CONSENT OF THE ST.-\ TE THE CONTRACTOR
REPRESENTS THAT IT HAS OR SHALL SECURE AT ITS ow~ EXPE NSE ALL PERSO NNEL BY THE co TR .-\CTOR
UNDER THIS CONTRACT. THE CON TR ,~CTOR SHALL BE RESPO NSIBLE FOR PR OVlDl:--G WORK.\IE N'S
COMPENSATION CO VERAGE A'.\1> t:NE:VIPLOD,IE1'T COMPENSA T!ON COVERAGE FOR ALL OF ITS EMPLOYEES
TO THE EXTENT REQUIRED BY LAW . AND FOR ENS URl1'G THAT ALL SUBCO NTRA CTORS :>.!Al:"IIT .-\DI St:CH
INS URANCE . CONTRACTOR SHALL PAY WHE:"I DUE ALL REQL'!RED EMPLOD,IE:"IT TAXES .-\:"ID !:"I/C OME TAX
WITHHOLDING . ALL OF THE SERVICES RE QCIRED HEREt..:'.'-1>ER SHALL BE PERF ORl\lED BY THE CON TR ACTOR
OR UN DER ITS SL"PER V!Sl01'
9 REPRESE:"ITATIVES AND :"IIOTICES .-\II notices require d 10 be given by the ;,,mes hereunder shall be g,,en by emfied or
regi stered na3JI to the indi v1 duais ar the Jddresses set forth below . who ,re :llso the designated repre sen tati ves for the proJect An y
p:ucy ma y from time 10 ume des1gn,te m wnt1ng subsmut e addresses or persons to whom such nonces shall be sem
10
To the State :
To the Contractor :
Glona J. Muni z
Contrlcts Office r
ColorldO Histoncal Socie:y
S(l[e Ht sto n cal Fund
215 E. 16th Avenue. Sutte 160
Denver. Colo rado 80W3-16c0
:Vlr . Hank Long
Director of Library Sernces
City of Englewood
1000 Eng lewood Park..-a y
Englewood . CO 80110
ADA COM PUA.'sCE The Contr,ctor assures the State that 11 al l u mes dunng the performan ce of th.ts cor.t:lct no qu:llitied
indmdual with a dtsab1liry shall. by reason of such d1s ab1 hry. be exc luded from parttcipauon 1n. or deoJed be~etits of the ser vice.
progr:uns . or acu\lues periormed by the Contrlcto r. or be sub1 ected to any ducrurun,uon by the Contracto r upo n wluch assurl!lce
the State rehes . Furthe~ . .Ii i real property 1mpro,eme ~ts shall coniorm to apphclble ADA requtrements
11 . DISSE:Vll NA TION OF ARCHAEOLOGICAL SITE LOCA TIO:--S Contra.:tor agrees to prov ide the Society w11h op1es of an y
archuolog1cll su l"e~s de"eloped dunng the course of. r under a proie ct fi nanced either wholly or m part by the Soci et y. Contrac:or
agrees to otherwise resmc: access to such lrchuolo g,cll sur,:e ys . as '"ell 1s lCcess 10 lily other 1nformauon co nceml!lg the nature
and loc,t1on of archuolog1cal resources. 1n stnct accordance ""h the prov1s1ons of the Color:ido Hmoncal Societ y. Office of
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Archaeolog y and Histonc Preservauon. Pabey on D1sserrun,uon of lnformauon. ,dopted October l 991. a copy of w~~ch 1s avai la ble . .,.
from the Society
12 . REPORTS . Comractor shall deliver projec t progress repom to the State every six (6) months during the proiect which do cument the
progress of the Proiect. and S HF Financ ial Reports (Attachmen t I ) as descnbed and at the nmes m the List of Submmals (E.'<h.tbtt
C).
13 . MATCHING FUNDS : Contractor agrees to make available the necessary funds to complete the Proiect and provide matching funds.
if applicable. in accordance with the P roiect Budget as set forth m Exluba B. In the event that said matclung funds become
unavailab le. the State may. m tts s ole discretion. reduce it s to tal funding COllllilltment to the Proiect in proportio n to the reducuon in
matching funds .
If the total funding set forth m the Proiect Budget 1s not expended on completion of the Proiect. the State ma y reduce us pro-rata
sh:ire of the unexpended budget.
14. CONS ULTA:"ITS ISITE VISITS The State ma y
a. Re \'1 ew an y proi ect pl:irming documents and methods for co nformay with th e appli cab le stand:irds. manual s. and guide lines :
b. Malec sae vts1ts as detmruned necessary by the State before. dunng and/or at che ·onclus,on o i th e Proi ec t to provide on-me
technical advi ce and to monitor progress
Any exerc ise of the State's nghts under tlus Plragraph I~ shall not relieve th e Contractor of an y of ,ts Contra t obhg,uons
15 . PUBLIC ACK.'IOWLEDGMENT OF FU:-.OL'-G SO URCE: In all ?Ubhcauons llld snrul:ir :natenals funded unde r this Contract. a
credit hne shall be included that reads . "Tlus proiect is/was paid for in pan :,y a Stale Hmoncal fond grlllt from the Colorado
HlSlon cal Society " In add1:1on. the Soc1etv reserves th e n ght to requ1re that the :·anowmg se~tence be included m an y pubhcauon or
simil:ir matenal funded through tlus progr:irn: "The contents and o pm1 o ns cont ained herein do not necessan l, reflect the v1e ·.vs or
policies of the Colorado His ton cal Society".
16. PRESERVATION OF PROPERTY . The Contractor hereby agrees to th e fo ll owing for a penod of ten ( 10) ye:irs commencing on
the date of this Agreement.
a. \Vithout the express wntten perrruss1on of th e Society, no co nstruc tton. J.lter:iuon. movement. rel oc:mon or remode lin g or ln Y
other acuvay shall be undertalcen or permitted to be undertaken on ~~e Pro perty which would alter the :irciutectural appe:irance oi
the Property. adversely •ffect the structural soundness of the Properr:,. or ~n cro ,c:-. on the o pen land :ire, on the Property: pro vid ed .
howe ver. thJt the reconstrucnon. repair. or restorauon of th e Pro pe rty. damage to which has resulted fr om casualt y loss.
deteriorauon . or we:ir and tear. shall be permitted subi ect to the prt or wnuen lpproval of The Soc,ery . pro 1ded that such
reconstruction. repair. or restoration 1s perfonned according to the Secret:iry of the lntenor's Standards fo r rlie Treatmenl oj
Historic Propert ies and tit~ Guidelines fo r Preservm g, Rehab 1Iitarzng, Re sto ring . and Rec ons tru cting Hisronc Bwldmgs . iss ued :m d
as ma y from time to time be amended by the U.S. Secre tary of :he L~tenor. hecem,i ter coll ecuvely re fe rred to as the "Srandards "
In all events. the Contractor further agrees at all umes to maintain Lie Pr o perty in J good l!ld sound state of repair and to maintJJ n
the Property ac cording to the S1andards so as to pre vent detenom:on oi the P:o perty
b . In the event of severe d:irnage or total destruction to the Propeny (cefined. fo r !.~e purpose of this Agreement. as sudden damage or
loss cJused by fue. earthquake . inclement weather. ac ts of the pubhc enemy, not or other srnular casualty) not due to the fau lt of the
C ontractor this Agreement shall terminate as oi the date oi such damage or destruction .
c. The Society. or a duly appointed representative of the Society. shall e permi tted to mspe ct the Property at all reasonable time s ,n
order to ,scertJJn ,i the abo ve cond1uons :ire being observed.
d To the e1tent Juthonzed by l•w . the Contracto r shall mdemn liy, s,ve. l!ld hold harmless the State . 11s emplo yees J11d agen ts .
,g:unst an y .llld all clJJms. d:images . liabil ity and court a":irds . inc :udmg costs. expenses. and attorne ys fees incurred as a resul t oi
any Jct or onuss ,on by the property owner. or as employees. Jgents . subc ontrac to rs . or assignees pursuant to th e terms oi tlu s
contract.
17 RE'.'.IEDIES [n addttton to any other remed ies provided for in this cont ract. and "ahout haut1 ng its remedies otherw1Se av:ulabk Jt
law . the State may exercise the followmg remedial xuons ,f the C ontractor subm,mally fails to sausfy or perfo rm the duues and
obl1g,u on m this Contract. Substlr!Ual fa,lure to sausfy the duues and o bl1gat1o ns shall be defined to mean s1grutic ant. insufficient.
incorrect . or improper performl!lce. acuvmes. or macuon by th e C a r.tractor These remedial acuons :ire as follo.,.s ·
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a. Suspend the Contractor's performance pending necessar; correcuve ac:10n as specified by th e State without ContrJctor's
enutlemcnt to adJustmcnt in pnce/cost or schedule : l!ldior
b . Withhold payment to Contractor unul the necess:iry services or correc:ions in perfonnance lre sausfactonly completed in
accordance with the Standards . the SHF Grants Manual and/or the te= and condiuons of tlus Contract: and/or
c . Request the removal from work on the contract of employees or agents of the Contractor whom the State iusufies as being
incompetent. c:ireless. insubordin31e. unsuitable . or otherwise unacceptlble . or •.,hose continued employment on the contract the
St.1te deems to be contnry to the public 111terest or not m the best t11terest of the State : and/or
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d. Den y payment for chose services or obhg at1ons which have not been performed and which due to circumstances caused by the
Contract or cannot be performed. or 1f performed would be of no value to the State . Denial of the J.mount of payment mu se be
reasonabl y related to the value of work or performance lost to the Stace ; and/or
e De clare al l o r part of the work ineligible for reimbursement: and/or
f. ln the event of a v1olauon of clus Agreement. and m addmon to an y remedy now or here:t.fter provided by law , the Soc iety ma y,
follow1ng reasonable nonce co the Contractor msuruce suH to enioin said vi olauo n or co require the restorauon of the Pro pe,ty co ,cs
cond111on at the u me o f tlus Agreement or condmon at the tcme oi the most recent sausfactory inspection by che Socie ty The Soc,e t}
shall be enatled to recover all costs or expenses mcurred in connecuon wuh such a suH . in cludin g all cou rt costs and attor:iey ·s iees
g. Terminate the contract for default.
18 CU\.IL1.ATI V E EFFECT The ab ov e rea:ed:es are cu mulau ve and the State. m HS sole discre11on . mav exercise an v or al l oiche:n
md!Vldual ly o r S1 multaneous ly · ·
19 . TE R'.11NATlON OF CONTRACT FOR DEFAt..;L T Ii. through an y cause . the Contractor shall fai l to fulfi ll in a u me ly and proper
manner 1ts obl1gauons under tlus Contract. or 1f the Contractor shall violat e lil y of th e covenants. agreements . or supulauons oi this
Contrac t. the State shall. m add iuon co oth er remedies . thereupon have the nght to cemunace tlus Contract for default by gl\ mg
wntten nouce to the Co ntractor of such tenrntnauon and spectfymg the effe mve date thereof. at least five 15) days before the
effecu ve date of suc h ternunau on. In that event. all nrushed or unfinished document s. data. srudJes. surveys . drawings . maps .
models. photographs. produc ts. submmals . and :epons or other matenal prepared by th e Contracto r unde, tlus Contract sh ai l. at :he
option of the State. become 1ts property. and the Contractor sh all be enutl ed to rece :v e ;ust l!ld equita ble co a:pe ns auon for any
sausfac tory work completed on such documents and other macenals .
Notwtth st and1ng the abo ve. Contractor shal l not be re li eved oi li ab1 lt1y 10 the State :o r an y damag es suS<atned by th e St ate by ·,irtue
of an y breach of th e Contract by the Contracto r. llld the Scace =Y w1thhold lil y payments to L~e Contractor fo r th e ;,urpose of ,etoff
unul suc h ti me as the exact amount of damages due the Seate from the Contracto r are det ennmed .
20 . TER."IL'iATlON BY STATE : The Stace ma y terminate tlu s Co ntrac t at an v time he Stlte dete rmines that the pu!])oses of the
dtstnbu uon of State monies under the Contract would no longe : be served by compl et,o n of th e ProJect The Seate shall effect such
termm:mon by gi ving wntten not ice of ternunauon to Llie Contr Jc tor .1.nd spe ctf;,ing :he e:'f:cuve dat e thereof, 1t le:ist t'-Yenty :O)
days before the effecuve date of such te nrunauo n. [n that even t. lll timshed r unrin 1Shed documents l!ld o ther materials paid fo r
with State funds sh:ill. at the opuon of the State. be come its property If the Contract IS tenrunaced by the Sme as pro vided herein.
the Contra ctor will be p:ud :in amount wtuch ears the same ratio :o the total co mpen sauo n as the serv ic es actual ly per form ed bear to
the totJJ servt ces of ihe Contractor co vered by tlus Contr::ict . less payme:'!ts oi co mpen sau on pre vi ous ly made . ?ro \1ded . ho"ever .
that ii less th:in six ty percent (60 "'o I of the proJect covered by this Contract has be:a .:ompl eted upon th e eiiecuve da te oi suc h
cernunauon . the Contractor sh:ill be reimbursed (in addmon to the above pa yment ) fo r that poroon of the accuai out-of-pocket
expense s (not otherwise reimbursed under this Contrac t) incurred by th e Contractor dunng th e Contract penod wtuch are duectly
aunbutab le to the uncompleted pomon oi the pro;ect cove red by tlus Contrac t If tlus Ca r.tract IS temunaced due co the fault of the
Contract or. Paragraph 19 hereof relattve to cernunauon shall appl y
11 CHANGES . Tius Contract IS intended as the complete mtegrauon of all underst:indmgs between the pames. at tlus ume. and no pnor
or co nt empor l!leous add iu on. deletton. or other amendment hereto. inc luding ll1 inc rease or decrease tn the :t.mount oi monies co be
paid to the Contractor. shall have lll Y force or effect whatsoever. unless embod ied l1l a wncten co ntract amendme nt tnCOI]lorattng
such changes executed :ind appro ved pursuant to the State's Fiscal Rules. Nocw1thstandtng clus prov1S1on. modJ fic auo ns co E:<lu bH A
(Sco pe of Work) :ind/o r to Exlub1t C (Lis e of Subrruttals) may be approved by letter of agreement, agre ed to tn wnung by lll panics .
providing that no such le:t er of agreement may al ter either the totai amount of funds payab le under the co ntract . as set fo rt h in
Paragr aph 5. o r the co ntract penod. as sec forth m Paragraph 4. unless such ch:inge s are embodied tn a wntten co ntract amendment
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executed and approved pursu:int to the Stace 's Fiscal Rule s .
CO~FUCT OF NTEREST. Con tractor agrees not to engage in lI\V co ndu ct. act1 v1ty. or transacu on related to tlu s contract
wtuch would co nstitute a co nflict of interest under any app licab le State or Federal law
COM PLI A. CE WITH APPLICA BLE LA \VS At all time s du nng the performance oi tlus Contra ct. the Co ntractor shall sc nct ly
adhere co ail lpphc abi e Federal an d State laws that have bee n or may hereafter be escabh shed .
SEVER ABIUTY To the exten t that tlus Contract may be executed l!ld per fo nnan ce of the obhgauons of he parues ma y tie
ac co mplished ll~J n the intent of cl:e Contract. the terms of tlus Contract are severabk. an d should lily term or prov1S1on hereof be
decl ar ed m,aJ,d or eco me moper,uve for an y reason. such mval1d1ty o r fatlure shall nae ar"fect the val 1d11y o f an y othe r tenn o r
pro vmon he re oi The w:u ver oi an y breach oi a term hereof shal l no t be construed as wai ver of an y o ther term.
BINDl~G ON St.:CCESSORS . Excep t JS herein otherwise provided . tlus Contract shall mure co the benefit of llld be bmdtng upo n
the pam es . or an y subcontractors hereto . and theu respecu ve successors l!ld ass,gns .
ASSIGN~!ENT No part y. nor an y subcon tractors hereto . mav asSign it s nghts or duues under tlus Contract without the pnor wnccen
consent of th e other parues
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27. SURVTVAL OF CERTAIN CONTRACT TERMS : Notwithstanding anything h.erein to the contrary, the parues understand and -~
agree that all temis and conditions of this concract and the exhibits and attach.ments hereto which may require continued performance
of compliance beyond the termination date of the concract shall survive such terminauon date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Contractor or its subconcractors .
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SPECL-\L PROVISIO NS
'0:-ITROLLER'S APPROVAL
I. nus co otnct shall oot be deemed valid unu l tt sba ll have been lpproved by the C oouoll c:r of the Su te of Colo rJd o or s uch .iss1stant JS he ma v designate . 11us
·av m on 1s app lica ble to uiy co ou:i t mvolv1ag the pa yment of mone y by the State ·
li~D A VAll.ABll.lTY
2. F10 1nc1 al obl.J.g ao oos of the Stale oi Colo rado papble after the current fisc :i l ye:u a.re ~o au agcot up oo f:.in ds :"o r th:n purpose bein g 1ppropna1cd. budgeted . 1nd
:h erw1se made availab le
:OND REQUfRE:VlE:S.T
3. Ifttus coatnct :e volv es th e pa yment of more than fifty thousand dOIJ .ll'S fo r the co ostrucuoa. cre cuoa . repair. ma1ote:::i.aace . or 1mor ovemc:n1 of JD V buildrng , road .
,dge . 'l 1aduct. tunne l, eA CJ \JU On or other pu~!1c work fo r trus S uce. the Co ntra cto r sh:i ll . be fo re ~otenag u pon :he performance oi an y suc!i. wo rk' mc luded 10 UU s
J ou:>.ct d uly execute ind de liver to the Sute omc1 JI who wlll sign the contrJCt , J _good and suffic1 eoc bo nd or othe: J.cc co1J bl c s urct f to be Jpprovcd by SJ 1d c ffic1J.! 1n
pena l sum not les s th.lo ooe -hl lf of the to.u l :imouot pl ylble by the 1erms or ttus cootnct . Such bo ad shJ ll be Culy e,ecuted b; J q ualified corp or.ite sure ty
J ncil uoo ed upon the faithfu l pcrfonn;ui ce or the co citr.1ct and m J.dd.1000 . s blll provide thJt ti th e Coa trJctcr er :Js sub cootncto rs ra1 i to duly ;,a y for an y boor
1Jtenals . tcJ.m hue. swteoJ.nce . provmons. proven der or other s uppi.J cs us ed or .:o osumed b) such Contractor or tus su bcootnctor 10 pen·o rmao ce of th e work
:m u:ic ted to be done or fai ls co pay 1ny person who suppli es reoul mad uncr y. tool s. or equipment 10 the pros ec ut:on of lh e work the surcry will pa y the same m lD
-nount no t ex ceeding lhe sum sp ec:fied m the bo nd. toge ther with mcerc st :it th e: rJ.te oi eight t cr ce::lt per 1nnum L"oJ ess s ue!, bond 1s c,ecu1ed. de li vered :ind fil ed . no
.:11m 10 fav or of the Coocracm r ansmg under such co ntra ct shall be 1ud1tcd . lU O""''ed 0 1 pl 1d A ..:cmfied m .:astuer 's chec k or J bJ.Dk mane ·: order pavable to the:
re:isurcr of the Succ o f Colorado ma y be accepted Ul li eu of a bo nd . Tiu s pro vmoa is UJ comp UJO e wi th CRS 3 -:6-106 · •
'1DEMNIFIC..\TION
4 To th e c:~ten t :iuthonz:d by la w. lhc Co ntrJctor sb:ill tndemDJ.fv. sa ve . J.Dd hold har:nless th~ St.1te 1u c:oo!o \ees :wd :1gcn ts. u:i.1 ci st Jav lnd :ill ~ll irns. d:im:i.2cs .
Jb 1hty Jnd court awards 1nclud.1 og costs. e~pcnscs. m d 1norn e}• fee s mcu rr ed J.S 1 result of Jny Jct or ·orn.iss1o n by Ulc: Coii uJ.ctor , ·o r its employees. :igefus .
1bcootnctors. or 1Ss1gnees pursuJ.ot to the terms of ttus cootnct.
•ISCRJll,IL'II..\TION A:-.'D AFFIR,\L\ TIVE ACTION
5 The Cootncto r agrees to compl v with the letter 1nd :i p1nt o f :he C.Jlor:ido 4.au dJscmrunJU On -\i.:t o i !95-JS Jmend ed. md oth er lppi.Jc:i.bl e law resp ec1101
tscnm.1oauon Jnd unfair emp loymen i pracuc es (CRS ~..1 -3 J.-.W2 ), 3D d JS required ~ E.,cc'...O\e Orde:-EquJi Opporruru ry 10d Arfi mtJU ,.e -\ction . d:itcd Apn l 16
J75 P,.mi:a:u Wwo, Utt f cfur..J.MB pnr.!ISWnJ sW Dt umt:::.rwti u: a1l ira!t C..""nrr.:.:::s .;r suc ,oou·.::.::s
Oun og the: pcriorm:icic : of th.i s co nc.r:ict. the Coou-Jc:or Jgrees JS follows
(J ) The Contrlcto r will :iot d1sc nnuoate 1g:11ost 10 v employ ee or 1?pllc Jo t :·o r c:mp 10\ meat becJuse :,f r:i c:. ::-ed. ;::,!o r cJt1 onJ ! ongio . ;c, :n:i.ntJI i tJl us . re l1g1on
ancestry . me nu! or ph ys ical handicap . or Jge The Cootn ctor "'ill :.:ikc lrfirml !l'-'e Jcuon to insure th:n J pp ucJnts l.re ~mp lo;ed . 10d tt.:i.t cmpl o\,>ce s ne trelted
dunog c:mp loy meat. without reg1rd to cbc: J.bovc meoo ooe d chJr:icten sucs Su ch J uon sha ll m ludc but J ot be tJ rru:ed iO t.~c ioilov. 105 c:mp loy rr:cnt JpgrJ.dm g,
demouoo or tran sfer . recrwtment or recruume:u Jd verusmg. lay.offs or <cr.T'..m:i uoos rate s of p3v o r ot.'1c:r :·arms ..)( co mpeoSJt1 0n. 10d 1e !ccuoo fo r trlm10~.
1ocluding :ippr:n c1c csh.J.p The Concr:i.cto r Jgree s to post :n coosp1cuous pllces. J\l1lablc: ·o emp lo)ecs nd ~pp !:cJnls :"o r c:np lo~meo t oouccs to be provi ded by the
contflcuog offic er setuog for th provm oos of this oon-d.Jsc nrrunau oo c!J use
t bJ The: CtJ 01rac1or wtll. ID .111 sohc1t.1uo os or Jd vert1semen ts fo r ~mplo~e :s pl:icc:J b!' o r ..>n Xh If of ihe C..J nc:ac :cr. St.1t: lhJ.c JI! qul ltfic d .ippUc:mts \\Ill re :c:1 ,.c:
cons1der:iu on for c:mplo ymeot wi thout regl.fd to ra ce . .:rec d. colo r, ::i J.uo n.J.I on gi o se ,. rru m:il ;tJ.tus. rcUg!oo, an ccstr:. me ntJ. or ph;s1c JI han dica p. or Jge
1c ) The Co ntr.ictor will seed 10 CJ.ch la bor uru on or r:presentJtJ \e of 'NOrkcrs wnh ~ruch he has J coU ccuve ::J.1 51101n .; J~e:mect or 01hcr ::o ntn.:t or under st:l.C d.oi,
nouce to be prov ided b\ the ooc.racn a g officer. :id,.m og the !J.bo r 'J D1 0o or ',\Or t.cr s represeo t.1u,.e ot the Cuotnc:or s .:orl"'.r.urrneot under the E,C"cuu ,..e Or der. Equ.1 1
Opporruruty l ad Alii muuve Acuoo. dated Apn l 16 . 1975 , .1nd ru les . regulluons . lD d relevant Orders of the: Govern or
ld l Toe Co nU'ac1o r .in d labor uru ons w 1U funush all 1a form.1u oo J.Dd rep orts rt qu1red by Ex ecuu ve Ordc:r. ~ouJ I Opporrun1ry Je d -\ffU1D.1t 1vc Acu on of Apnl 16
197 5, 1nd by I.he rul es . regul :iuoos JDd Orde rs of the Governor. or p urs uan ( the reto. an d will penru1 :iccess to tus boo . records . an d Jccounts by th e co ntr.1c tmg
1geo cy JOd lh: office o r the Gove rn or or tu s destgnce fo r purposes or 1nvesugJt100 to :u~enJ.10 :omphl o : .. ,c i uch rul es rc~IJU oos :ind orders
(c ) A labo r orgaruzJu oo will cot exclude :in y 1odJ v1 duJ I otberw1 sc qu 1llfi ed from full mcmbcrstup n gbts :a such !:icor org:u:.1ut100 . or expe l .1a y such 10d!v1duJ I
fr om mcmbcrstup 10 such llbor organ1zJ.noo or lllscn rruoate JgJ.1ost :my of its mem bers 10 the fu ll C:DJO~rr.eo t wo rk. .::i pportu rury bec:iuse I r:ice . cr eed . colo r. >e,.
nJt10 0J.I ongto. or JDcestry
(f) A labo r org1ruzJ no a . or the e::npl oyce s or merrbers ::her eof will o.ot ltd. Jbet. 1oc a c. compel or .:oc:ce th e J omg ,Jf JO\ 1c1 de fiaed m :hlS co ntrJct to Ce
d1sc nrruo:u ory or obstruct or pre vent Jo y per son fro m comp ly1og with the provmoo or t hi s ~onlfl t or JD ', iJ raer issued th e reunde r, or 1nempl. eit her re c1ly or
mduectl y. co co nurut Joy Jct deti oe d 10 thi s co ntrlct to be d1scnrruaJtory
f g) In the cv e3t of lhc CootrJctor's oo n-co mp lJ J.O e wuh the oon -d1scnrruo:i11on c!Juses of tlus con tract or ·"It.ii JO,. of iUC::l rulc:s. iegu lluoci s. r orde rs. ttus i.:oncnct
m:iv be cJ nce!t:d. ter:tunJ.ted or suspended 10 '"'hol e: or 10 pln 10d the ConUJ.ctOr mJ \ be: dechrcd 1De lJg1bk :"o r :\J rtnc; St J tc conlr.l cts 10 JccordJn ce w 1m orocc:dure s.
Ju1hori z:d m E..;e cua'.'e Orde r. Equ3 l Oppo rtunar:, :iod A1finn3uvc A.co on of AJ:)ni I CJ . 19-· and :.he !"'.!!cs. re gul aaoos. or )rders promulglle~ 10 '1c orC:i.o c:
therewith . Jed such ll tner s;:io cuons JS rro~ oe :mp csed Jnd remca.ies JS m.:,,y be ID\O ked .1 s prov ided ID E'tec·..:u ·.c Orae:rs . Equal Op porrurur/ 1nd .\nmnJU \.e -\i,:u,>n
of . .\pnl 16 . J9 i5 . or by rules . regul :in ons. or ord:rs ?romul~Jted m .1cc ord.J.oce there •.\.1th . or JS other \,..IS C: ?ro,.1d:d b~ ll"-
{h) To~ C.:i atrJ.ctor ·"'II 10.c!udc the pro\ls1oos o f ;,:i rJgrlphs \l l through (h ) in ev er y subc ontnct J11 d rncco ntnctor purc~ase order unless e,c:npte d b) r.ilc :i.
regul Juons . or orde rs 1:isu cd pur su J.nl co E~e uu ·.e Ord er. Equ1l Op ponuo1ty :ind Arfirm J uve -\i:co o oi .\pr.! :6 . 19-5, so th:u i uch pro\1s 1o ns wtl l be bmcbog Jpon
e:ich subco nu-J cto r or ,.eador Th e Co ou-Jctor ·.~111 ::ilc.c such J uon with respect to J oy su b-i.:onlrJctmg or ;:urch Jse order JS th e conuJctin g 1genc y m:iy dHec1 lS J
me:lDS oi cniorcmg i uch pro,1s1o ns. mcludi ag sa.ncuoos fo r non-comolaJ ac e. prO\td ed. hO'wC\er . tha t .n :..~e event :he C.:mtractor be co me s 1"\-0h cd 10 . :>r 1s
1hrclte:i.d with h ug1o on. "'Ith th e suoccntrl tor or .,.ender JS l result oi :i u h dir ecuon bv the co nc.r:icun £ Jg ~:i -:·. the C.J ntrJc to r mav reque st the StJte Jf (.)IO rJ.!.J
to en ter into such h ugJ t10 0 co proc ect the 101 erest of ;be Sure of C..Jlor:i do · -· ·
'OLOR\DO LAB O R PREFERE'.'iCE
c,a Pro, 1s1ons of CRS ., -t '"'· l O I J.:. I 0 2 fo r ~reie:-eo ce ( Color:ido !Jbor 1re lpplJ.::ible to L"u s .:o ocrJ C! if puolic 'NOrks '"' 1thlo th e Sutc l!e uodenll.en he reunder .iod
re fi o;in ced 1n •.11h olc or 10 p:in be Sute funds
b Whe:i l co ns uucuca i:ooinct fo r 1 publi c ?rOJ ect 1s to be Jw;:irded to J bi dder . J resid ent btdder sh:i ll be .21Iow ed l prc t"e reoc: J.g11o st l oon -res1d e:u bidder from l
tltc or iore1gn co uotr\' equal to chc prcierco e ;1veo. or reqwred by !.b e St ltc: or fo reign i.:ouo try 10 wh.ach the ::10 0-res1dent badder 1s 3 resident If ll IS dete=r.uoed by ih c
;fic e:-respocs1bl c fo r J\A.J.rdmg the bid thlt co mo haoc: \\•1th this subsection 06 auy c:iu sc JcniJ.! of feCc:=-:il funds which would ot her wis e be 1v.:u llble or would
hcrw, c oe 1nco0S1Sten1 1th rcqu1remcnts of Feder.i i !aw . tbJs sub sc:cuoo sba ll be susp ended. but only to the ~~tent oecess u y to pre vent en1a l of the mone ys or :o
irruo.J.tc ~h e: rnco osmco.c~ wi th Fc:de n l rcqut rer.i.eots CRS 8-19-101 Jod 1021
Pagc6of 7
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7 . Tbe law~ of the Seate of Colorado and rules and regulations issued pursuant there to sh.111 be :ipplied io the interpreuuon . execution . and enforcement of this
:c otr:i.ct . Any provision of this cooaact whether or act incorporated hcreui by reference which provides for ub1tt1tioo by any exD'3.-judicial body or person or wtuch 1s
•therwise in conflict with said laws, rules . and regula.aoos shall be considered null and void. NothJng conw.ned lD a.ay provision tocorporatcd hereto by reference
vhtc h purports to negate this or any other special provision in whole or in pan shaU be valid or enforceable or available in any acnon :it law whether bv way of
::i mpWllt. defense, or od\erw1se . AJJ y provis1oa rendered null and void by the opcntioo of this prov1s100 will not 1ov1Jidatc the remainder of llu s con uact to the extent
1 .1t the contt2ct is capable of execucioa .
8 . At all u mes dunag the performance of this coatr.1tt. the Coainc:tor shall saiclly adhcrc t0 all applicable fcdcr:il and State laws. rules. and regulations that have
,eeo or may hereafter be estabbsbed.
9 . PunlWlt t0 CRS 24-30-202.~ (as amended). the State Conuollcr may withhold debts owed 10 State agencies under !he vendor o ffset intercept system foe (a )
.opaid clllld support debt or child support arrearaaes ; (b) uap11d balance of w. 1ecrucd interest. or other charges specified in Aruclc 22. Tille 39 . CRS. (c) unpaid
J &IIS due tO the Srudcot l.oaD D1v1saoa of !be Depanmeat of Higher Educanoa; (d ) owed ilDlOIIDts requircd 10 be paid 10 lhc Unemployment Compcosanon Fund; and
e) allier uap11d debts owill1 10 the State or my agency thereof. the amount of wllicb is fouod 10 be owing as a result of final agenc y dctcnnmauon or rcduced 10
Jdgmcot as ccn,ficd by the coauoller.
10. The sipatOrics ncr tb.lt they an: fuuliar with CRS 18-8301. ct. seq .. (Bnbery and Corrupt lnflucnccs ) '111d CRS 18-8 -.101. ct seq .. (Abuse of Public Office).
nd that ao v1olat1011 of such provmoas 11 presccL
11 . The sipwories iver ttw to their knowled&e , no Swe employee has :ia.y persoa.11 or beoefic1al interest wh.Jtsoever in the service or property described herein
)I WITNESS WHEREOF. the parties hereto have executed this Contract on the day first above wnttcn.
:i rant Rec ipient/Property Owner:
Full Legal Name )
"jtv or Eo1lcwood
ly: -------------------
'osition (T itl e) _________________ _
· Corpor:mon :)
,ttCSl (Seal)
y: ----------------------
?PROVED :
: A TE OF COLORADO
:n Salazar. Attorney General
v----------------------o na J. Muruz
· !S,S HF Co ntracts Officer
ST A TE OF COLORADO
Bill Owens, GOVERNOR
Acung by and throu2h
The Department of Aigher Educauon
By:
EXE"-,C"'U""T"'IV...,E=D.,..IR"'E""C""T"'O"'R----------
Georgianna Conugugl ia. President
Colorado Histoncal Society
APPRO V ED :
ST A TE OF COLORADO
Anhur L. B:unh:in . Sm e Controller
By: Thom--:is-.E~.~Z~imm--e-r--------------
CHS . Clue f Ftn:inc1al Offic er
X:\Gifts\Doc:urneot \2) 1302~6.doc:
ApprovaVCootnct C I..ocludts Le tter or .-\O'e"emeat
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C!l v of Engle\\OO d Exh1b1t A
Preservauon & Hazard ous :V!a tenal Rem oval
?:OJeCl 'f2001-02-!01
Scope of Work
I. Pro ject Purp ose The purpose of th is pro ject 1s to remove hazardous ma terials and struc tu ra ll y stabil ize the Thomas
Ske mtt House
II. Scope of Work 1s as fo ll ows :
A . Arch 1tectura l/E~g1neeri ng Design
Contract for arch1tectural/eng 1neering services and prepare construction documents
2. B1d construction from short li st of pre-qualified contractors and award contract.
6 Hazardous Mate ri als Abatement
1. Remo ve and di spo se of exterior lead-based paint and hazardous materials accord ing to asbestos and hazardous
materia ls survey using only tool s and materials non-destructive to exterior wood elements
2. Sand and prime .
3. Remove non-contributing kitchen addition and porch .
C . Foundatio n
Excavate and repa i r historical e lements 1llu strat1ve of building methods 1f structura lly sound
a. Waterproof , ventilate , fill and grade .
b Insta ll new concrete spread footings and oundation walls
c In sta ll new drainpipe
d. Install pertorated drainage til e around ho use perimeter entire house , run to daylight at re ar
2 . Re-grade site to promote posit ive drainage to distance of 3 fe et around house perimeter
D Roo f Elements
1. Reoa 1r and rep lace damaged roof
a. Remove all shingle layers down too unc:er ly1ng structure
b. Rep lace damaged dec kin g (boards ) with plywood
c Insta ll new roof
2. Remo ve and rep lace all lash ing , anach in g to roof , seal and test 101nt
3. Inspect, remo ve and rep lace (80 -90 °) deteriorated wood trim and fascia behind gutters and downspouts before
in stalling new gutters
4 . Remo ve and rep lace all gutters and down spouts
5. Extend sewe r vent th rough roof line and fl as h
6. Rebui ld chimney using ex isting bncks. turning if necessa ry
7 Conduc: ortar a na lysi s and use mix according o Secreta ry of Inte rior Sta nd ards
8 . In sta ll li mestone chimne y cap
E. Exte ri or Wood Siding , Trim , W indows , and Doors
1. Rep lace damaged (approximate ly 40%) exterio r siding and reatt ach all loose siding
a . Prot ect and preserve exterior shea thing and siding from th e origina l st ructu re , especially where homestead
sheath ing 1s ex posed at foundation line
b. Sa lv ag e and store unused exi sting trim , doors , windows . trans oms and hardware .
2 . Remove all windows and doors fro m frame to make necessary rep airs , scrape , and remove all loose and
fl a king paint
a . W indow woodwork be~ond repair should be replaced to match origin a l
b . Replace missing or broken glass in window s and doors to match existing
c . Re move interior drywall over sea led window , repair frame and reg laze
d. Re move decora tiv e window pane ls, repa ir as necessary and rep lace
3. Rep lace all damag ed wood tri m materia ls beninc gutters and downspouts to matc h ex isting
a . Re move all non-historical fini she s from around his toric al elements
b . Stac 1ii ze dete ri orated his tori cal elements
4 Fill . san d . c rim e , and paint all exte ri or wood elements with ~.vo co ats of acrylic pa int.
5 Remo ve reco nd1t1on and reinstall existing ha rdware and secure exterior doors
a. Replace broken o r miss ing hardware wit h new to match
6 Re move plywood cover on coa l chute and seal
7 Reoa 1r rn s:o ric porch . prime and paint with two coats of pa int
H:'.Contracts\200 t '.01021 O 1 E,n1b1t A doc
In ac co rd ance ,.,uh Se uo n l '.!--l7 . I-I :o l C .R.S. ( l 999\ the L1rruted Garrung .->.c t which authonzes the Colo rad o Hmoncal
Society to admm1st er the State H istori cal Fund as l statewide grants pr ogr am .
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<:ity of Englewood
Preservation & Hazardous Material Removal
Project #2001-02-1 O 1
A/E Design
Hazardous Maicrials
Abatemenr/Kitchen and Porch Work
Foundation
\V cod Elements/Windows/Paint
Roof
Porch Repair/Replacement
TOTALS
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PROJECT BUDGET
Grant Request
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0
43 .000
30.000
7.000
0
$80,000
Cash Match
$ 18 .000
12 .000
-l0 .000
0
7.000
3,000
S 80,000
Exhi bitB
Total
$ 18.000
l'.?.000
83.000
30.000
14.000
3,000
$ 160,000
\\SHF'.?\Shared\Contracts\2 001 \0102101 Exhibit B .doc
Page 1 of 1
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
CO UN CIL BILL NO . 53
INTRODUCED BY CO U NCIL
MEr.rnER BRADSHAW
AN ORD1NA1'i1CE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED I N
THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD ,
COLORADO.
WHEREAS , the Right-Of-Way for the 2400 block of S outh Peco s Street consists of a
thirty foot (30') Right-Of-Way in Englew ood and a thirty foot (30 ') Right-Of-W ay in
Denver; and
WHEREAS, the City of Englewoo d r eceived a r equest for vac ation of the Englewood
Right-Of-Way in the 2400 block of South Pecos Street : a nd
WHEREAS , the Right-Of-Way curre ntly se rves no purpose for the mov e ment of
traffic in the ar ea; and
WHEREAS , the subj ect Right-Of-W ay a nd a djace nt ar eas were annexed t o the City
of Englewood in 1957 and are zoned 1-2 . Ge neral Industrial District; and
WHEREAS , the City of Englewood passed Reso lution No. 101 , Series of 1997,
authorizing the vacation of the Right-Of-Way unde r three conditions; and
WHEREAS , the Englewood De p a rtment of Public Works has indicate d that tw o of
the three conditions have been fulfill ed : and
WHEREAS , the third condition , the r etrurung of a thirty foot (30 ') utility a nd
drainage easement containing the exi sting wa ter a nd sewer lines will be completed
with the passage of this Ordinance ; a nd
WHEREAS , the Englewood Planning and Zoning Commiss ion r eview e d t he vaca ti on
of the Right-Of-Way of the 2400 block of South Pecos Stre et at their April 8 . 1997
meeting and recommended said vacation a t that meeting ;
NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUN CIL OF THE CITY 0 1·
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon l. The City Co uncil of the City of Englewoo d, Co lor ado he r e by vaca t es a
portion of the Right-Of-W ay in the 2400 bloc k of So uth P<Jcos S treet r etammg a t hirty
foot (30 '} utility a nd drainage ea se ment for the exi sting w at er a nd sewe r lin es as
s hown on atta ched Exhibit A .
Introduced . re a d in full. a nd passed on fi r s t reading on t he 6 th day of Augu s t .
2001.
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Published as a Bill for an Ordinance on the 10th day of August, 2001 .
Read by title and passed on final reading on the 20th day of August , 2001.
Published by title as Ordinance No ._, Series of 2001 , on the 24th da y of
August, 2001.
Thomas J. Burns . Mayo r
ATTEST:
Loucrishia A. Ellis, City Clerk
..
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. here by ce rtify
that the above and foregoing is a true copy of the Ordinance pas sed on final r eading
and published by title as Ordinance No . _, Series of 2001.
Lo ucrishia A. Ell is
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LEGAL DESCRIPTION
VACA TIO~ OF A PORTION OF 2400 S. PECOS ST .
..\ V..\C..\TIO:-..: OF..\ PORTION OF THE 2400 BLOCK OF SOCTH PECOS ST.,
LOCATED N THE SOL'TH\VEST !;4 OF SECTION 28. TO\VNSHIP 4 SOLTH ,
R,\.'\'GE 6 WEST OF THE 6TH P.M., E;'iGLEWOOD , COLOR..\DO .
COM'.V!E'.\Cf.\:G :\ T THE '.\ORTHE . .\ST COR..\iER OF LOT 8. DO\V>1l:Y
SL"BDIVISIO'.\: THE'.'/CE SOL'TH A:'-l"D . .\LOl'iG THE E.\ST LNE OF SAlD LOT 8.
A D!ST.\;'iCE OF 43 FEET TO THE TR UE PONT OF BE Gr.,;-:s.;f.\iG;
THE'.\CE E.\ST A:-..U P . .\R..\LLEL WITH THE '.\iORTH Lf.\l: OF S.\ID LOT 8 .. \
D!STA'.\CE OF 30 FEET TO A PONT ON THE E . .\ST Lf\'E OF THE SOLTH\HST
1,4 OF S . .\JD SECT!O'.'i 28; THE~CE SOLTH ..\:\1) . .\LO'.'iG THE E.\ST Ll>,l: OF
THE SOL'THWEST 1,4 OF SECTION 2 .. \ DIST.\SCE OF 51 6. l FEET TO .\ POf":\'T
73 FEET \'ORTH OF THE SOC THEAS T COR'.\11:R OF THE '.\i ORTHE .\S T l 4 OF
THE SOL'THWEST Oi\'E -QLARTER OF S.\!D SECT!Oi\' 2~: THE:\CE WEST A.\iD
P . .\R.\LLEL WITH THE SO CTH Lf\'E OF LOT 9. DOW:S.l:Y Sll3DIV!SIO:...: .. \
DIST.\'.\iCE OF 30 FEET TO.\ POf":\'T 0:\ THE E.\ST Ll-:-..:E OF SA!D LOT 9 . S.\ID
POl>iT LIES 4 3 FEET 1'°0RTH OF THE SOL'THE .\ST COR.\iER OF LOT 9: THE\'CE
:\ORTH .\SD .\LO:\G THE E.\ST Lr.'\E OF LOT ~ .\:\U 9 .. \ DIST .\:\CE OF 5 o . l
FEET TO THE TRCE POl:-:T OF BE Gf":\'. 'f":\'G . CO>iT.\f\'f\'G 0 .36 .\CRES. \!ORE
OR LESS
RESER VJ:,;G _\ 30 FOOT LTI LITY A.'\'D DR..\f\'.\GE E.\S E\!E~T IN THE
V.-\C.\ TED P.\RCEL
S urve vo r's Sr:itement
I, David L. Henderson. a registered Profess io n:il Land Surveyor in the St:ite of Colorado.
J o hc:rb~ state that this L :,pl Des..:nption Jnd the .iuacheJ E:\h1 bit 11e re prepared under
m_ di rect su pe rvision and on the basis of my knowledge. inio r.nat ion. and belief. are
correct. The att:iched Exhibit does not represent a mo numented land s urvey , and is o n ly
to J epict th is legJI descn p1 io n .
Dated Jul y 3 l. 2001
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VACATION OF PORTION OF 2400 S. PECOS STREET
LOCATED IN SW1 /4 OF SECTION 28,
TOWNSHIP 4S, RANGE 68W OF THE 6th P.M.
W. Wesle y Ave g
75 00' 75 00' 72.74' ~ I
("')
~ 30 00'
"-Pc,nt of Beg inn in g
6 7 8
Downe y Subdivi sion
b ci5 0 -~~c--~~~~~o.~ ~
I,() ~
(J)
11 10 9
8 30;0·
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15 oo· 1s co· 12.92' ...
W Harvard Ave g
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SE CORNER OF NE 1/4 OF SW 1/4 OF SECT ION 28 ,,
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Drawn by : Larr; Nimmo
Date . i'-31-2001
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RESOLUTION NO. _
SERIES OF 2001
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A RESOLUTION ESTABLISHING THE HOLIDAYS THE CITY OF ENGLEWOOD SHALL
OBSERVE.
WHEREAS , by ordinance the City Council has the responsibility to set the observance of
City Holidays;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby establishes the
following dates for City Holidays for the calendar year 2002 :
New Year·s Day: January 1.
Martin Luther King Day : the third Monday in January.
President's Day: the third Monday in February.
Memorial Day: the last Monday in May.
Independence Day : July 4.
Labor Day: the first Monday in September.
Veteran's Day: November 11.
Thanksgiving Day: the fourth Thursday in November.
Fourth Friday of November following Thanksgiving Day.
Christmas Eve: December 24 .
Christmas Day: December 25.
The dates to be observed are to be designated by the City Manager.
This Resolution shall not supersede any Collective Bargaining Agreement between the
City of Englewood and its employees.
ADOPTED AND APPROVED this 20th of August, 2001.
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado . hereby certify the
above is a true copy of Resolution No._, Series of 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 20, 2001 10 Ci Amendment of City Holidays
Initiated By Staff Source
Human Resources Department Sue Eaton , Director of Human Res o urces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council previously approved a resolution establishing the holiday s the City of Englewood shall observe.
RECOMMENDED ACTION
Staff requests Council amend the list of established holidays to repla ce New Year 's Eve Day with Martin
Luther King Day, beginning in 2002 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Negotiations with the Englewood Employee Association resulted in the above-mentioned change to th e
Collective Bargaining Agreement.
FISCAL IMPACT
None .
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Date
August 20, 200 1
INITIATED BY:
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COUNCIL COMMUNICATION
Agenda Item C 11 10,._
STAFF SOURCE:
Subject:
Contract to Upgrade Malley
Senio r Center HVAC System
Department of Public Works Jim Kavinsky, Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Expendi ture of funds to upgrade the HVAC system at th e Ma ll ey Senior Recreation Cent er was
approved by City Council in th e 1999 Five Year Capital Plan .
RECOMMENDED ACTION
Approve,~ motion, award of a co nt rac t with Am erican Mechanical Services (A/\\S ) in th e amount o i
$18),610.00 to upgrade the H VAC system at th e Mall v Seni or Recreation Center .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The ex isting HVAC system at the Malley Seni o r Center 1s th o rigi nal equipment ins tall ed in 1977 at th e
time of cons tructi o n of that facili ty. Indu stry standards ha\,e established th e no rmal usefu l and efficie nt
life span of HVAC equipment to be :20 years. Becau e parts are no lo n ge r avai lable, no rmal
maintenance and repair to keep th e units operati ng has reached a diffi c ult level.
The proposed rep lacement system w ill provid e grea ter flexibility in hea tin g o r cooling indi\ idual rooms
o n demand. Thi s H V AC system is fu ll y independent, and th e propose d expansion o f th e Malle y Cen te r
will not ca use any c han ges o r modifications t o th e new sys tem.
FINANCIAL IMPACT
Reque t for Bids were obta ined by nine (9) endor ; six ( ) \ end o rs att end ed th e m anda tory wa lk-
thro ugh ; three (3) bids were re ce ive d as follows:
Colo rado Piping & Mechanical
Kimme l Mechanical, In c.
America n Mechanical Services (AMS)
$1:::!4 ,348 .00
15 0,550.00
18 1,6 10.00
American Mecha nical Services returned the o nl y techni ca l! accep table bid in the am o unt of
$1 8 1,6 10 .00. The City's bid documents spe c ified 10 indi\idual un its to pro\ide heating and coolin g o n
dema nd to 1 O zo nes in th e building. Th e two co ntra ctors sub mittin g lowe r bids proposed o ne singl e
unit for th e building. This approach, in the eve nt o f breakdowns, wo uld shut down th e wh ole sys tem
ins t ead of o nl one zone.
S 1 :::!6,600 is cu rr en tl v available in the Publi c lmprm ement Fund (PIF ) fo r this project. A supp lem ent al
ap propriati on m th e am o unt of$ 73, 1 70 is needed from th e G eneral Fund to pro id e th e balan ce
reciuired tor th e pro1ec t plus a I 0% contingenc
UST OF ATIACHMENTS
B1d Tabulation heel
Eng in eer Rei 1ew o i Bids
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City of Englewood Bid Tabulations
Bid Opening Date: July 2, 200110:00 a.m.
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Bid Item: MALLEY SENIOR CENTER HVAC UPGRADES
Vendor Heating System Upgrades Exceptions:
Kimmel Mechanical, Inc. $150,550.00 NONE LISTED
Attention: Neal Kimmel/Jeremy Roeble
3700 E. 41st St. BID BOND INCLUDED
Denver, CO 80216
Westco Systems, Inc. NO RESPONSE
Attention: Tom Mccourt
2727 W. 92nd Avenue, Suite 104
Denver, CO 80260
Westland Construction, Inc. NO RESPONSE
Attention: Drew Hyatt
5262 S. Xenophow Ct.
Littleton, CO 80127
Colorado Piping & Mechanical $124,348.00 EXCEPTIONS LISTED
Attention: Randy B. Walker
525 E. Mississippi Avenue BID BOND INCLUDED
Denver, CO 80210
AMS $181,610.00 EXCEPTIONS LISTED
Attention: Larry Schaap
3231 S. Zuni BID BOND INCLUDED
Englewood, CO 80110
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City of Englewood Bid Tabulation Sheet
BID ITEM: MALLEY SENIOR CENTER HVAC UPGRADES
Page Two
Vendor
Lennox Industries
Attention Nelson Poorman
Heating
System
Upgrades
NO RESPONSE
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Jul -30 -01 Ol:43P PRIEST ENGINEERING 303 773 8773 P .01
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PREST ENGNEERING. N:.
• Mechanical • Electrical • Consulting
ENGINEERS
July 30, 2001
Mr. Jim Kavinsky
City of Englewood
2800 South Platte River Drive
Englewood. CO 80110.2300
Refen,noe: Malley Center
3800 S . Logan
Englewood . CO
Dear Mr. Kavin1ky:
6909 South Holly Circle . Suite 304
Englewood . Colorado 801, 2
(303) nJ.8773
Fax (303) ng.5333
Bids -re received fol' replacing the two exiSting heating . ventilating , and air·
conditioning units on the rvferenced building .
Several of the bids uMd "Engineered Air" units . which are entirety different from the units
speclfted on the contract drawings. The "Engineered Air" units are similar to the existing
unit, in that temperatures are controlled in the zones served by the unit by blending hot
air and cold air. A thennostat positions dampers in the cold and hot decks to provide the
air temperature needed in each particular zone .
The heating requirements and cooling requirements, and air moving fans serving the
units are provided by a single furnace section, a single conden1ing unit with it1 cooling
coll and a single tan system .
The hot deck is reset Inversely with outside air temperatures. The cold deck
temperature is controlled by demand . Economizer1 are uaed to provide cooling by
outside air from 700 and below .
A return air fan is used to retum air to the unit .
Heating efficiency on the engineered air units is 78%. A breakdown of a major
component shuts down units until repairs can be made.
The units specified on bid documents are specifically designed to replace Lennox roof
top units. They fit on existing curbs and match existing ductwork .
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Jul-30-01 Ol:44P PRIEST ENGINEERING
303 773 8773
Page2
Jim Kavtnsky
City of Englewood
Reference : Malley Center
The specified units uee I fumace with a cooling coil . The specified units use a fumace
with a coil and condensing unit for each temperature zone . A thermostat cycles either
the furnace on heating demand or the condenNr on cooling demand Economizers are
UHd to provide outaide COOiing when outside air la below 70". There are four furnace units in one unit and 8ix furnace units in the other.
The individual furnaces an1 92 to 94% efficient . There is no mixing of hot and cold air.
If a bntakdown occurs. only the .. , Nrved by the furnace unit is affected. The balance
of the ayatern stays in aervtee , repair parts are available locally. Maintenance personnel can accomplish MrVice .
The lpecified units should be lest expensive to operate and easier to maintain , with 1 Simple control system.
If you have any queattona, please do not hesitate to contact our office .
Sincerely ,
PRIEST ENGINEERING , INC .
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/Ol--171
RISOLUTION NO._
SERIES OF 2001
A RESOLUTION FOR THE APPROPRIATION OF FUNDS TO UPGRADE THE HVAC
SYSTEM AT THE MALLEY SENIOR RECREATION CENTER.
WHEREAS, the existing HVAC system at the Malley Seruor Center is the original
equipment installed in 1977 at the time of construction of the Malley Senior Center: and
WHEREAS, the HVAC system must be replaced because parts are no longer available :
and
WHEREAS, the proposed HVAC system is fully independent and possible future
expansion of the Malley Center will not cause any changes or modifications to the n ew
system; and
WHEREAS, the City of Englewood City Council approved the upgrade of the HVA C
system at the Malley Senior Recreation Center in the 1999 Five Year Capital Plan : and
WHEREAS, the Public Improvement Fund currently bas $126,600 available for th.t s
upgrade;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section 1. The Englewood City Council hereby ame"r:ids the 2001 Budget as follows :
GENERAL FJJND
Source of Funds :
Unreserved/Undesignated Fund Balance $73,170
Use of Fund,·
Transfer out to Public Improvement Fund $73,170
PUBLIC IMPROVEMENT Ft TNP
Source offvods :
Transfer in from General Fund $73 , l 70
Use of Fupde :
Malley Senior Center HVAC Upgrade $73 .170
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COUNCIL COMMUNICATION
Date Agenda lte,m Subject
August 20, 2001 10 c ii ( Proposed resoiution to transfer
and appropriate funds for th e
Malley Senior Center HVAC
upgrade
Initiated By Staff Source
Department of Financial Servi ces Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council appropriated $126,600 fo r this project in the 2001 Budget. Public Works Director, Ken Ross
discussed this project and the proposed contractor to complete this work at the August 13, 2001 stud y
session.
RECOMMENDED ACTION
Staff recommends Council approve th e attached resolution transferring $73,1 70 from the General Fund to
the Public Improvement Fund for the Malley Senior Center HVAC Upgrade Pr oject.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Mallev Center has used the existing eq uipment since it was installed during o ri ginal construction of th e
Center in 19 77. City staff believes the HVAC system must be replaced because parts are no longer
available .
Th e Public Improvement Fund cu rrentl y has $126,000 for this upgrade, but the lowest technically
acceptable bid from American Mechanical Services was fo r $181 ,61 O (also , a ten percent con tin gency is
required ).
FINANCIAL IMPACT
Th e transfer and appropriation of $73,1 70 will not ha ve a mat eria l impa ct on the General Fund.
LIST OF ATTACHMENTS
Proposed resolution
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Sectjon 2. The City Manager and the Director of Financial and Administra tive
Services are hereby authorized to make the above changes to the 2001 Budget of the City of
Englewood.
ADOPTED AND APPROVED this 20th of August, 2001.
ATTEST: Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No .~ Series of 2001 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
August 20, 2001 10t iv
Subject : Benefi cial Use
Aluminum Trailer Purchas e
INITIATED BY STAFF SOURCE
L/E WWTP Supervisory Committee Stu Fonda , Utilities Director
Jim Tallent -Operations Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the capital replacement of two aluminum, horizontal rear discharging bi oso lids
trailers in the 2001 budget.
RECOMMENDED ACTION
The action recommended is to approve, by motion, the purchase of two new aluminum rea r
discharging biosolids trailers from Westquip/May Mfg. in the amount of $139,286.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Aluminum, rear-discharging biosolids trailers are used to transport dewatered biosolids from th e
Littleton/Englewood Wastewater Treatment Plant to field application sites in Adams and Arapahoe
counties. Rear discharging trailers are used to operate a beneficial use program where biosolids are
transferred to spreading equipment directly. In this program, biosolids do not touch the land until
applied by staff. The units being replaced were originally purchased in 1988 and are be yo nd
scheduled replacement dates . Due to wear evaluation, the original units were used longer than
anticipated and scheduled replacement was postponed to 2001.
Eight competitive bids were solicited and l\vo responses (o ne was "no bid") were received . A
technical evaluation and purchase recommendation is attached .
FINANCIAL IMPACT
The Cities of Englewood and Littleton will share the cost of this expenditure 50/50 .
LIST OF ATTACHMENTS
1. Capital Outlay Request
2. Bid Proposal Tabulation
3. Te chnical Evaluation
4. Re commendation for Purchase
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Technical Evaluation for Horizontal Aluminum Biosolids Push Out Trailer
August 3, 2001
Specification Vendor
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Wastequip/Mav Transw es t
Mfg. Trail ers
Length and Cagaci!}::
• 38' 6'' Length
• Min imum load dimension of 32' X 66 " High X 87 1/2 "
wide. Yes o Bid
• 48 cubic y ard water level ca pacity
• 10'3'' overall height from ground to top (excluding
tarp ) I
Sides:
• 66" high X 3/16" 5454-H34 alloy aluminum .
• Side posts 63/,' in width, 6061-T6 aluminum extrusi on,
o n approximately 24" centers . Yes No Bid
• Side posts set at 90 degrees to bottom rail and
con tinuously welded.
Center Sym15!rt:
• No center tube or cross-pipe will be installed which Ye s No Bid
would interfere with loading or unloading of unit
Bottom Rail:
• 1/, " thick 6061-T6 extruded aluminum .
• Bottom rail to be one-piece extrusion. interlocked with Yes No Bid
bulkhead and rear tailgate packets .
Too R;ail:
• 9" X 1/,' 6061-T6 extruded aluminum .
• Continuous extrusion with no splices. Ye s No Bid
• To p rail to interlock w ith bulkhead and rear tailgate
poc kets .
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Soecification
Dirt Shedders/Covers/Access:
• 7" X 3/16 " wide aluminum plates located between
side posts and welded continuousl y from bottom rails
and side sheets .
• Bulkhead to be same height as top rail.
• 'I•' thick aluminum cover between bulkhead and ram
when ram is fully retracted .
• Cover to be bolted on for eas y removal when needed.
Cover is to protrude into body of trailer to ensure
material cannot be dumped behind the ram during
loading.
• Two additional 'I•' thick aluminum splash shields will
be bolted to the top of the trailer body. One will
extend back four (4 ) feet from the existing bulkhead
cover. The second shield will extend four (4 ) feet
forward from the tailgate. These shields shall be
constructed to support standing.
• A man door 16 " wide X 33.5" high located on
passenger side of bulkhead.
• Access door 16" wide X 17.5 high for ram and tailgate
control is to be located on the driver's side, enabling
operation from ground level.
• A sealed, internal enclosure will be provided around
the hydraulic valve assembly to prevent hauled
materials from collecting around the valve .
• Catwalk bolted to bulkhead accessible from rung
ladder and equipped with railings on two sides . Floor
to be open grip tread design .
• A sloped apron (approximately 3 " from truck body)
shall be installed across the width of the trailer, above
rear lighting panel. Function will be to prevent
material build-up on lights .
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Vendor
Wastequip/May Transwest
Mfg. Trailers
Yes o Bid
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Specification
Tailgate:
• 1 /4" 5454-H34 aluminum flush with top rail.
• To p offset hinge .
• Top hinge interlocked with first ho r izon tal tailgat e
cross-member, insuring adequate strength and long-
term wear.
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Aluminum hinges approxi mately 12 inches lon g b 2
inches wide minimum 1-inch diameter latch .
Two (2) latches, one (1) each side , to be air operated
wi th an over center p ositi ve locking mechanism . The
air cylinder with air-air to hold latch in closed position .
Tailgate latch pins will be one piec e and constru cted
from a single piece of steel.
Tailgate pin interconnected w ith horizo ntal tail gate
extrus ion to be wrapped with stainless steel shims to
prevent co rrosion .
All m ovi ng tailgate pins bl ock, etc., to ha ve greas e
fi ttings easily accessible for maintenance .
H y drauli c lift tailgate with ram interlock.
Water Seal:
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• A full tailgate water-seal "neoprene " strip across
botto m and up th e full height of each side .
• Two (2) safety sand latches (or winders) installed o n e
( 1 ) on each side of tailgate.
• Sand Latches {winders ) wi ll ha ve coarse threaded rod
approximately 3/,' in diameter. Latches (wi nders ) to
be equipped with grease fittings for lubricating the
threaded rod.
• Prov ide o ne { 1) spare rear door seal with each unit.
Longitudinals:
• Two full-length o ne-piece 7" 6061 T-6 ex truded
aluminum "T" b ea ms , unitized constructi on, notched
t o iit aro und each cross me mber, Beams are to be
o ne co ntinu ous ex trusi on .
Vendor
I Wastequip/May
Mfg.
Yes
Yes
Yes
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Transwest
Trailers
o Bid
o Bid
No Bid
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SoecifiQtion Vendor
Wastequip /May Transwest
Mfa. Trailers
Cross members:
• 4" 6061 Hi extruded aluminum "U" channel,
approximately 12'' centers . Yes No Bid • At all floor splices a full y boxed extruded cross
member is to be utilized to ensure each floor sheet is
welded to the cross member with a third fillet weld .
Floor :
• 3/8 " 5454-H34 aluminum plate .
• Floor splices are to be welded over 4 " X 4" X 1/,'
boxed cross members .
• Floor splice welds are to be ground smooth to ensure Yes
there are no protrusions .
• Extruded aluminum angle is to be installed at the base 4 " drains No Bid
of the floor and side connection. The ram is to ride (confirmed)
on the angle .
• Two floor drains to be located behind the ram . The
drains will be 4 " aluminum pipe welded to the floor.
Each drain will be fitted with a full port va lve and
camlock cap .
Fifth Wheel; 2 7/8" kingpin • Heavy-duty 3/8 " steel plate with 2" SAE kingpin set at o Bid
18" and bolted to the longitudinal "T" beam . 24 " setting
Hmca1111s; s;;~inder:
• Hea~uty double acting 9" telescoping cylinder
with a center stage support Qrri;age. Yes No Bid
• C ylinder capable of extending full-length of trailer fo r
complete unloading of trailer.
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Soecification
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• Constructed of aluminum with adjustable UHMW
wipers.
• Structural members of 6061 T-6 extruded aluminum .
• Face sheet of 1/," (minimum) aluminum . Faceplate
sloped to facilitate material falling off the ram when it
is fully extended.
• Ejector to ride on UHMW guides and top on UHMW
guides.
• A top guide shall be welded to the top rail . crea ting a
"roll off" angle towards the inside of the trailer.
• The ram (ejector) shall be equipped with
approximately a 6 " top kicker plate to reduce material
from spilling over the top of the ram during discharge.
• No flow obstructions or protrusions.
• Ejector panel trowel will be full-length of trailer in one
un interrupted motion for clean ejection of load.
• Ram controls to be located at drivers front inside
bulkhead. Controls to be manual V42 val ve and have
a pressure protection (relief) valve factory set at 1500
P .S. I. NOTE: This valve shall be set up to be solenoid
operated fot, applications that require controlling all
trailer functions from a remote control box. This
valve wiR also be used to operate a hydraulic
tupte .
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Vendor
Wastequip/May Transwest
Mf11:. Trailers
Yes No Bid
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Specification Vendor
Wastequip/May Tran swes t
Mfg. Trailers
Electrical:
• Three (3) marker lights on bottom of each side .
• Large directional arrow turn signal mounted in
aluminum brackets located two (2) feet forward of
mid body.
• Full width light panel located at rear of trailer with
sealed beam lights, Truck Light wiring harness. Not to
be more than 72" from ground level.
• Light panel will ha ve brake, tail, and turn lights .
• All lights w ill be waterproof sealed beam type . All Yes No Bid
lights and reflectors w ill meet Federal Highway
Administration (FHWA) Safety Standards .
• A 12-v olt sys tem with a 7-way co nnector o n fro nt of
trailer.
• Hydraulic controls wi ll be o perated electrica ll y from a
remote location on the trailer. An electrical co ntrol
box for ram contro l and tailgate co nt rol shall b e
provided (location to be fi eld determ ined).
M!!d Flam:
• Located behind the suspension, extending the full Yes No Bid
wi dth of the trailer and on front of the b ody.
~1!1Rtn1ion:
• Re yco model 2 1 B 9 ( or equivalent) leaf with 49" axle
ce nters .
• Wear pads to be welded to hangers to help preve nt
exce ssi v e wear. Yes No Bid
• Axles to 5" round 5/8 " wa ll rated at 25 ,000 lbs eac h
with standard TQ bearings .
• Sliding axle assembly for adjustable p o siti o n of trail er
o n ax les .
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Specification
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Brakes:
• 16 1/i'' X 7" standard cam type with auto slack
adjusters .
• Braking system shall fully comply with FHWA Safety
Standards 121 plus automatic brake sy stem (ABS ).
• ABS trailer to be equipped with four (4 ) sensors , on
two (2) modulators ABS , Wabco system .
• ABS external plugs for diagnostics .
• Drivers ABS warning light to be located on outside of
trailer.
Glad Hands:
• Installed at front center of trailer with emergency and
service connection tags .
• Service link installed on c urbside .
Whttl1lfim:
• 10 stud outboard lightweight steel hubs and brake
drums.
• Eight (8 ) each steel disc piloted size 8.25 X 24.5
• Wheels painted white.
• Hubometer on driver's side , front axle
• Tires 11 R X 24 .5 14 pl y steel belted radial tires rated
for expected gross weight of 80,000 pounds.
• Tire carrier with one ( 1) spare tire/wheel
Subframe:
• 14" "I" beam @ 22 lbs . per foot bolted to lo ngitudinal
"T" beams .
• The sub-frame shall be of sufficient length to provide
for a 49 " axle spread .
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Wastequip/May Transwest
Mfa. Trailers
Yes No Bid
Yes N o Bid
Yes o Bid
Yes No Bid
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Specification Vendor
Wastequip/May Transwes t
Mfa.. Trailers
H}'.draulic Hoses:
• Two (2) lin e hy draulic system -l" high-pressure male
and 1 '/•" return line.
• Hoses to be field measured and provided wit-h quick
disconnect couplers . Yes N o Bid
• Hose handers located on the driver's side firs t panel.
• H ydraulic operation to be compatible with existing
trailers and tractors .
Landing Garl£2w b22y:
• Holland MK-V (or equivalent), 2-speed landing gear Yes
with sand shoes , 180,000 lb. static load ca pa city and
50,000 lb . lifting capacity with 100 lb. of input fo rce . S3.000 (approx) No Bid • Two (2) tow hooks shall be mounted at th e rear of th e for hvdrauli c
unit. landing gear
• Pr ovide option price ior air and hydraul ic o p erated
landing gear.
Paint: Aluminum
• Frame : One color acrylic enamel (gra y) Yes o Bid
• Body: Acid clean
Warran!}::
• Supplier warrants that the materia l/equipmen t furnish ed
will be free from all defects whatsoever in materials and
workmanship and agrees that for a peri od of one ( 1 i
year from date of acceptance, any repairs ,
repla ce ments, or adjustments made necessary because Yes No Bid oi such defects will be made promptly by him with out
cost to the owner. The entire trailer shall be wa rranted
for a minimum of twelve ( 12) months against defective • materia l or workmanship that fails under normal use .
Warranty shall include all parts and labor. Please
include cop y of manufacturers wa rranty statement.
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Specification Vendor
Wastequip/May Transwest
Mfa. Trailers
Manuals:
• Operator & Parts Manuals -Each unit delivered shall
include two copies of an operator's manual to include Yes No Bid
instructions on operation, lubrication, and normal
operator servicing procedures .
2lm2!!!
NI No Bid
Attach a list of additional options available and pricing.
Delivm;
• Delivery shall include the following documents as a
minimum :
• Manufacturers Certificate of Origin
• District safety inspection
• Two copies of dealer invoice (one no tarized for
licensing) Yes No Bid
• Manufacturers line setting ticket, or the do umentation
of components installed at manufacture.
• GVWR certification
• Units shall be fully assembled . serviced . and read y fo r
operation upon delivery.
C2mga!ibili!l'.; • Vendor shall ensure complete compatibility with
existing City owned truck-tractors to permit
interchangeable use of the above trailer on these Yes o Bid
vehicles, including at least: dimensions. clearances .
controls, reservoirs , and hydraulic hoses and fittings .
pressures , volumes, etc.).
• Price for 2 units $139,286.00 No Bid
NI -Not Indicated
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Soecification Vendor
W ast equip/May I Transwest
M fg. Trailers
H~draulic Hoses:
• Two (2) line h ydraulic system -1" high -pressure mal e
and 1 '/•" return line.
• Hoses to be field measured and prov ided w ith quic k
dis c onnect c ouplers. Yes No Bid
• Hose handers located o n th e dri ver 's sid e first pan el.
• H ydraulic operation to b e compatibl e with ex isting
trailers and tractors.
Landina aear£!ow hoog:
• Holland MK-V (or equivalent ), 2-sp eed landin g gear Ye s
with sand shoes , 180,000 lb . stati c lo ad capa city and
50 ,000 lb. lifting capaci ty with 100 lb. oi in p ut fo rce . SJ.000 (app rox ) No Bid • Two (2 ) tow hooks shall b e mounted at th e re ar of th e fo r hydraulic
unit. landin g ge ar
• Provide option price fo r air and h d raul1 c operat ed
landing gear.
Paint: Aluminum
• Frame : One c olor ac ryli c enamel (gra ) Yes o Bid
• Bo dv: Acid clean
W.arrantv.
• Supplier warrants that the materia l/equipment furnished
w ill be free fro m all defects whatsoever in materials and
workm anship and agrees that for a period of one ( 1 )
ye ar from date of acceptance, an y repairs ,
rep lace ments , or adjustments made necessary because Ye s o Bid of such defects will be made promptly by him without
cos t to th e owner. The entire trailer shall be w arranted
• fo r a minimum of twelve (12) months against de fecti ve
m aterial o r workmanship that fails under normal use .
W arranty shall include all parts and labo r. Please
incl ud e copy of manufacturers w arranty statement.
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MEMORANDUM
TO: Dennis Stowe, Plant Manager
FROM:Jim Tallent, Operations Division Manager
DATE: August 3, 2001
SUBJECT: Technical Evaluation and Recommendation for Two Biosolids Trailers
A request for bid was sent to eight vendors for purchase of tvvo aluminum biosolids trailers for the
Littleton/Englewood Wastewater Treatment Plant. One vendor responded with a bid and another
vender responded with a "no bid". There was no response from the other si x vendors.
Submittals were reviewed and a technical e aluation has been completed. Units, as bid, are
technically acceptable.
I recommend purchase of two aluminum biosolids trailers from Wastequip/May Mfg. in the amount
of $139,286 .00. These trailers will replace Units #8418 and #841 9 . The replaced units will be sent
to heavy equipment auction .
This purchase will be charged to account number 11 -03 441 3 1 for the L/E WWTP.
Cc Pat White, Fleet Administrator
Betty Goosman, Lead Bu yer
Kevin Engels, Accountant II
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OPERATING CAPITAL OUTLAY REQUEST
! Department or Fund: L/E WWTP ! Division : 11-03-44131
Description of equipment or object expenditure:
2 -A lum inum , horizontal rear discharging biosolids trailers
Explanation of necessity or benefits of th is expenditure :
Replacement for 1988 units #8418 and 8419 -These units are bevond scheduled replacement
due to wea r evaluation which prolonged use ful life. New units wi ll provide additional hauling
capacity due to larger size than unit being replaced .
Total costs of placing
equipment in full operation :
Estima ted Costs U nit Cost To tal Cost
Purcha se Price 1 i0,000 170 .000
Installation
Total 170 .000 170.000
Less Trade-In
To tal Net Cost
Annual Operating Cost
Total First Yea r Cost
Is this expe nditure necessary because of increased personnel?
N o
Recommendation for equi pment displaced:
Unit 8418 and 8419 to heavy equipment auction
Approximate date of purchase :
Spring 200 1
List and describe similar equipment in department :
1991 aluminum trailer
1998 al uminum trailer
Purchasing Agent 's Comments :
City Manager's Review: Approved : __ ot Approved: __
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COUNCIL COMMUNICATION
Date Agenda Item Subject : Beneficial Use
August 20, 2001 10cv 5'" wheel equipment trail er
INITIATED BY STAFF SOURCE
L/E WWTP Supervisory Committee Stu Fonda, Utilities Director
Jim Tallent -Operations Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the capital replacement of one 5th wheel equipment trailer in th e ~001 budget .
RECOMMENDED ACTION
The action recommended is to approve, motion, the purchase of one, new S'" whee l equipment
trailer from T ranswest Trailers LLC in the amount of $42,145.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Transporting farm equipment in the Littleton/Englewood WWTP biosolids application pro gram
requires a heavy equipment trailer to move farm equipment to permitted application sites . Tracked
vehicles (farm tractor) will not climb the existing trailer ramp without tipping. Thi s is due to a high
loading angle, which is generally not an issue with wheeled vehicles . To address this safety issue , a
low load angle trailer is recommended .
Seven competiti ve bids were solicited and three responses we re recei ve d . A technical evaluation
and purchase recommendation is attached .
FINANCIAL IMPACT
The Cities of Englewood and Littleton will share the cost of this expenditure 50/50.
LIST OF ATTACHMENTS
1. Bid Proposal Tabulation
2. Technical Evaluation
3 . Recommendation for Purchase
4 . Capital Outlay Request
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City of Englewood Bid Tabulation Sheet
Bid Opening Date : July 23, 2001 10:00 a .m .
Bid Item : 5th Wheel Equipment Trailer
5th Wheel
Equipment Parts
Vendor Trailer Manual
TRANSWEST TRAILERS $40,775.00 N/C
~ TTENTION : JAY LEAL
77«J DAHLIA ST.
COMMERCE CITY, CO 80022
IPOWER MOTIVE $34,767.00 N/C
~ TTENTION: DON JONES
5000 VASQUEZ BLVD.
~NVER, CO 80216
~ARIS MACHINERY COIIPANY NIR
~ TTENTION : PAUL FARIS
5770 EAST 77TH AVENUE
CO-..ERCE CITY, CO 80022
WAGNER EQUIPIIENT COMPANY N/R
18000 SftllTH ROAD
~URORA, CO 80011
IMCO TRAILER SALES $31,903.00 N/C
~TTENTION: ERIK SHARP
lt565 E. 74TH AVENUE
COMMERCE CITY, CO 80022
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Shop Operators
Manual Manual Total Exceptions:
N/C NIC $40,775.00 None Listed
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N/C $10.00 $34,777.00 None Listed
NIR
N/R
N/C N/C $31 ,903.00 None Listed 0
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5th Wheel
V d Equipment Parts
T lier M I Shop Operators
M I M I T t I E
en or
ra anua anua anua oa xce_pt,ons :
FRUEHAUF TRAILERS
N/R
N/R ATTENTION: ERIC ROTH
!4780 VASQUEZ BLVD.
DENVER, CO 80218
~RAILER-EZETRAILERS
NIR
N/R ATTENTION: BRENT HOHMAN
P.O . BOX 1111
MITCHEU, SD 57301
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Technical Eval uati on for 35 ton 5•h Wheel Trailer
SPECIFICATION Transwest Trailers Power Motive lntermountain
Wholesale , Inc
Manufacturer Trail King Trail King Talbert
Model TK70HDG TK70HDG TDW-35SA-HRG-1 -T 1 Taoered deck Advantaae Series
5 Ton Rated payload on 2 tandem Axles Yes Yes Yes
(2) 22 ,500 pound axles Yes Yes Yes -25 ,000 lbs
16 .5"><7" air brakes Yes Yes Yes
8.25 x 22 .5 disc wheels Yes Yes Yes
Out board 1 O whole pilot mount Yes Yes Yes
55/70R x 22 .5-16PR radial tires Yes Yes Yes
Oil Seals Yes Yes Yes
~ir Ride suspension Yes Yes Yes
~ir R ide raising and lowering valve Yes Yes Yes
Min imum swing clearance of BO inches Yes -82" Yes -82 " Yes -84 " I
Deck load well of 26 feet Yes Yes Yes
Deck width of 8 feet , 6 inches Yes Yes Yes
18" king pin setting No -16" No· 16" No -16"
Hydraulic self-lifting detachable gooseneck , I ~ith the ability to lift above or below Yes Yes Yes
~ransport position .
~ir activated positive locking pin on I
sooseneck Yes Yes Yes
~utomatic slack adJusters Yes Yes Yes
14 beam main construction Yes Yes Yes
12-inch swing-out outrigger brackets with Yes Yes I Yes I planks for wide load capability
K)n-deck storaae for outriooer planks Yes Yes Yes
10, D-Rings for load fastening Yes Yes Yes -12
50" loaded 5th wheel height Yes Yes Yes
!Mid-tum signal /clearance light Yes Yes Yes
7 pole electrical wirin a socket Yes Yes Yes
Mud flaps or fenders Mud Flaps Mud F laps Mud Flaps
Red and white conspicu ity markings Yes Yes Yes
~ooseneck shall not requ ire ground bearing Yes Yes Yes pads for lifting
13 horsepower self contained hydraulic Yes Yes No -8 Hp power unit
Dual hydraulic system Yes Yes Yes
• ~nti-lock braking system Yes -4S2M Yes -4S2M Yes -2S1M
Front loading ramps Yes -42" Yes Yes -32"
~pitong hardwood or equ ivalent deck
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covering -including necessary wood for Yes Yes Yes
swing-out brackets
3rd taillight package Yes Yes Yes
Flag holders for overs ize loads Yes Yes Yes
Electric or Hydraulic 20 ,000 pound winch I
mounted in rear wheel area Yes -hydraulic Yes -hydraulic Yes -hydraulic I
Less than 12 degree load angle Yes -8° No -14° No -15° I • 0 •
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Tec hni cal Evalua tio n fo r 35 ton 5lh Wh ee l T ra iler
SPECIFICATION Transwest Trailers Power Motive lntermountain
Wholesale, Inc
!Two operation manuals Yes Yes Yes
!Two parts and maintenance manuals Yes Yes Yes
~tatement to bid as specified Yes Yes Yes
Statement to del iver as specified Yes Yes Yes
Warranty documentation Yes -5 year None Provided Yes-1 year
Delivery 9/20/01 12-14weeks 60 -90 days
Unit Base Bid Price $40 ,755.00 $34,767.00 $31,903.00
!Tool Box Included Included $284 .00
13 Hp motor uparade NA NA $660 .00
Hubometer $100 .00 -est. $100 .00 -est . $90 .00
Power package cover NA NA $342 .00
~ti-lock brake upgrade to 4S2M NA NA $498 .00
Wheel covers $1 ,330 .00 $1 ,540 .00 $1,032 .00
!Total $42 ,145.00 $36,407.00 $34 ,809.00
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MEMORANDUM
To:
From :
Date :
Dennis Stowe, Plant Manager
Jim Tallent, Operations Division Manager
August 8, 2001
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Subject : Technical Evaluation and Recommendation for 5 th Wheel Equipment Trailer
A request for bid was sent to seven vendors for purchase of one 5 th wheel equipment trailer for
the Littleton/Englewood Wastewater Treatment Plant. Three vendors responded with bid .
There was no response from the other four vendors .
Subminals were reviewed and a technical evaluation has been completed . One unit. as bid , is
technicall y acceptable . The remaining two units were not technically acceptable due to load
approach angle .
I recommend purchase of one 5 th wheel equipment trailer from Transwest Trailers LLC in the
amount of $42,145 .00, including upgrade options (Hubometer and 2 axle \\.heel covers). This
trailer will replace Unit #8461 , which will be sent to heavy equipment auction .
This purchase will be charged to account number 11-03-44151 for the UE WWTP .
Cc Pat White, Fleet Administrator
Betty Goosman , Lead Buyer
Kevin Engels, Accountant II
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OPERA TING CAPITAL OUTLAY REQUEST
! Department or Fund: UE WWTP I Division: 11-03-44 151
Description of equipmen t or object expenditure :
Low Boy trailer
Explanation of necessity or benefits of this expenditure:
Changes in farming equipment require a different typ e trailer in order to load and unload
equipment. Tracked vehicles and combinations of tracked equipment will not climb current
ramp without tipping . With new equipment to be purchased in 200 I , combi ned load s exceed
current trailer rating.
Total costs of placing
equipment in full operation :
Estimated Costs Unit Cost Total Cost
Purchase Price 45 ,000 45.000
Installation
Total 45,000 45,000
Less Trade-In
Total Net Cost
Annual Ooerating Cost
Total First Year Cost
Is this expenditure necessary because of increased personnel ?
No
Recommendation for equipment displaced :
Heavy equipment auction
Approximate date of purchase:
Spring 2001
List and describe similar equipment in depanment :
1999 Witzco trailer -unit #8461
Purchasing Agent's Comments :
Ci ty Manager's Review : Approved : __ ot Approved : __
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COUNCIL COMMUNICATION
Date
August 20 , 2001
INITIATED BY
Utilities Department
Agenda Item Subject
tOcvi Water Meter Purchase
STAFF SOURCE
Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Approva~ ~ malian of the purchase of water meters from the low bidders, Mountain States Pipe in the
amount of $31,989 .20 and Waterworks Sales Co., in the amount of $5 ,568 .80.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department purchases water meters needed fo r an entire ye ar by requesting one large bid
proposal for additional cost savings .
FINANCIAL IMPACT
The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading
System . All meters and registers will be compatible with the ITRON System . About S 15,000 worth o f
these meters and y okes will be resold to Englewood customers for new installations as part of the flat -rat e
to meter conversion process . The remaining stock will be used to replace inactive or poorly functionin g
meters or convert meters to the ITRON system as part of the water meter maintenance program. There is
mone budgeted for these items in the 2001 Budget.
Request for Bids were sent to two vendors, with two companies responding with bids. Mountain States
Pipe & Suppl y was the low bidder for the ERT meters and Waterworks Sales was the low bidder for the
regular 1/," yokes, valves and fittings .
Mountain States
Waterworks Sales
LIST OF ATTACHMENTS
Bid Proposal Tabulation Sheet
$31,989.20
No bid
$34,675 .74
$ 5,568 .80
(ERT Meters
(yokes, valves & fittings )
{ERT Meters)
{y okes, valves & fittings )
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City of Englewood Bid Tabulation Sheet
Bid Opening Date : July 31, 2001, 9 :00am
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Bid Item: Re-Bid Water Meters and Meter Yokes
Items
102 -3/4" meters with remote ERT
36 -5/8" meters with remote ERT
54 -3/4" meters with pit ERT
36 -5/8" meters with pit ERT
4 -3" meters with remote ERT
Sub .Totals
Exceptions
Totals
102 -3/4" Komerhom Yokes
204 -3/4" compression fittings/copper
100 -3/4" compression fittings/galv .
102 -3/4" ball valves
60 -3/4"K 3/4" pit yokes
Totals
Mountain Sates
Pipe & Supply
Unit Price
$129.70
$110 .50
$139.70
$120 .50
$725.00
NIB
N/B
NIB
NIB
N/B
Bid Price
$13,229.40
$3,976 .00
$7 ,543 .60
$4 .336 .00
$2 ,900 .00
$31 ,989 .20
$0 .00
$31,919.20
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Waterworks
Sales
Unit Price
$131 .93
$109 .06
$164 .42
$141 .55
$655 .56
$15 .88
$3 .29
$3 .29
$12 .04
Bid Price
$13.456 .66
$3,926 .16
$8,678 .68
$5,095 .60
$2 ,622 .24
$33.979 .74
$696 .00
$34,675.74
$1 ,619 .76
$671 .16
$329 .00
$1 ,288 .08
$27.66 $1,660 .60
$5,568.80
EKceptions : Waterworks Sales -There are none listed . However Please see the following : See notation on 11am #5 .
They have included a sheet marked Special Conditions(continued) and #14(Warranty) has been highlighted .
They have written at the top "ERT WARRANTY". Please see other accompanying information .
EKceptions : Waterworks Sales/Hughs Supply Company -Please see the EKceplions section on the Proposal.
Also note the four (4) ;etters addressed to me. Please see other accompanying information .
EKcertions : ITRON offers a 14 month warranty on new equipment and a 7 year warranty on the ERT module battery .
Please add $3.00 per ERT for 10 year eKlended warranty on ERT battery .
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM : SUBJECT:
August 20, 200 1 11 a i Transfer of former City Hall City
property to the Englewood
Environmental Foundatio n
INITIATED BY: STAFF SOURCE: Rick Kahm , Capital Pro je cts
Englewood Environmental Foundation Manager; Robert Simpson , Community
Development Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
In 1997, City Council authorized the creation of th e Englewood En v ironmental Fo undatio n as a
nonprofit development corporation to further the redevelopment of the Cinderella City site .
RECOMMENDED ACTION:
Staff recommends that City Council approve the Ordinance transferring the former City Hall
property to the Englewood Environmental Foundation thus enabling the Foundation t o pur ue
development efforts for Phase II of CityCenter Englewood .
BACKGROUND AND ANALYSIS:
The redevelopment possibilities for the former City Hall site has progressed t o a point that it is now
practical to transfer the property to the Englewood Environmental Fo undation so that the
Foundation ma y prepare the site for new de ve lopment. This tran sfer will place the property under
the protective umbrella of the Foundation and remove the Cit from an y potential liability
associated with the redevelopment of the site . When the transfer is complete, demolition and
clearing of the site will take place. The total site co nsists of approximately 2.25 acres south of th e
Parkway and 1.1 acres north of the Parkway. Only the portion sou th of the Parkwa y will be
transferred at this time .
FINANCIAL IMPACT:
The propose d property transfer will remove substantial financial and environmental liability from the
City and allow for a coordinated redevelopment of this property . If Co uncil approves the property
transfer, staff wi ll be bringing a resolution for.vard to appropriate from the General Fund th e funding
necessary for si te preparation in early September 2001 . Preliminary quotes suggest estimated cost
ranges as fo ll ows:
Asbestos abatement
Lights and ballasts
Enviro nmen tal sampling, design , compliance
Building demolition & site grading
Demolition oversight (environmental compliance)
To tal site preparation costs
$85 ,000
$9,000
$15 ,000
$250,000
$5 ,000
$364,000
$90,000
$10,000
$25,000
$300,000
$8,000
$433,000
The estima ted value of the total demolished site, clea n and read y for development, is betwee n
S 1,325 .000 and S 1.415,000 based upon recent appraisal data .
ATTACHMENTS:
Bill for Ordinance
L. L EIGH ANN GE NDAIAUGUST !O CC EEF ELATI TRANSFER DOC
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ORDINANCE NO.
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
MEMBER~~~~~~~-
AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS
THE FORMER CITY HALL FROM THE CITY OF ENGLEWOOD , COLO RADO TO
THE ENGLEWOOD ENVIRONMENTAL FOUNDATION.
WHEREAS, the City of Englewood leased the former City Hall building located a t
3400 South Elati from C .A . Norgren Company in November, 1964 ; and
WHEREAS. the City purchased the property located at 3400 South Elatt m August.
1968 and paid the Promissory Note in full in July 1997; and
WHEREAS. the City moved into the Englewood Civic Center in June of 2000; a nd
WHEREAS, the Englewood Environmental Foundation was formed to lessen the
burdens of government; serve as the City·s designee to receive title and hold tttle
during the performance of environmental remediation of the property ; protect City from
potential liability which might be imposed on the owner of property arismg o ut of
environmental contamination; allow environmental contractors, property managers.
land use planners, and others to be retained without going through pubbc bidding
processes: permit the land use planning process to proceed while allowing the Ci ty to
limit its direct involvement to the performance of its normal land use reVJew a nd
approval function and to shelter the City from financial res ponsibility relating to the
development and operation of the property ; and
WHEREAS , the City desires to transfer the de scribe d property to the Englewood
Environmental Foundation to allow e nvironme ntal cleanup ; a nd
WHEREAS, the Englewood Environmental Foundat10n will a cce pt the property by
paying ten dollars ($10.00) and will assume all risks and liability for the
environmental liability and will demolish the City Hall s tructure and abate all
environmental hazards on the property; and
WHEREAS, the proposed property transfe r will remove substantial financi al a nd
e nvironmental liability from the City and allow for a coordinated redevelopme nt of this
property; and
WHEREAS, this transfer will place the property under the protective umbrella of
the Foundation and remove the City from any potential liability associated with the
redevelopment of the site; and
WHEREAS , the total site consists of approximately 2 .25 acres so uth of the
P a rkway a nd 1.1 acres north of the Parkway; and
WHEREAS . only the portion south of the parkway will be trans ferred at this tim e :
and
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WHEREAS, rights-of-way for roads and sewers. utility easements and other
development issues are still being coordinated, those details and future transfers and
restrictions are anticipated in the near future ; and
WHEREAS. the transfer of this property together with the property it is
anticipating to be transferred in the future will create a new development site: and
WHEREAS, the estimated value of the total demolished site , clean and ready for
development is between $1 ,325,000 and $1 ,415,000 based upon recent appraisal
data; and
WHEREAS , the City wishes to transfer the property to the Englewood
Environmental Foundation so that the EEF may prepare the site for new
development;
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO . THAT:
SeMjpn 1. The City Council of the City of Englewood, Colorado hereby authorizes
the transfer of a portion of the former City Hall property as described in the Deed
attached hereto as "Exhibit l " to the Englewood Environmental Foundation for the
redevelopment of the property .
$ediPP 2. The Mayor and the City Clerk are hereby authorized to sign and attes t
the "Deed" for the transfer of 3400 South Ela ti Street to EEF on behalf of the City of
Englewood . Colorado .
Introduced, read in full , and passed on first reading on the 20th day of August,
2001.
Published as a Bill for an Ordinance on the 24th day of August, 2001.
Thomas J . Burns. Mayor
ATTEST :
Loucrishia A . Ellis , City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado. hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance . introduced , read
in full. and passed on first reading on the 20"' day of August, 2001.
Loucrishia A. Ellis
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R & R SURVEYING
2831 S. REED ST.
DENVER, CO. 80227
Office: (303) 985-7567
Englewood Citv Center Parcel
August 15 , 2001
A PARCEL OF LAND LYING CN THE EAST 'I, OF TiiE SE 'I• SW \'4 SW 'I• OF SECTION 34 . T 4 S. R
68 W OF THE 6ni P.M .. CITY OF E'.'IGLEWOOD. COUN TY OF ARAPAHOE, STATE OF
COLORADO, MORE PARTICULAR!. Y DESCRIBED AS FOLLOWS .
COMMENCCNG AT THE NE COR.'1/ER OF THEE \1, SE •;.. SW \'4 SW ''• OF SAID SECTION 34 ,
THENCE S 00° 06 ' 04" WA DISTANCE OF 71 02 FEET ALONG THE EAST LINE OF THE
E \,s SW V. SW V. OF SAID SECTION 34 TO THE TRUE POINT OF BEGINNING . Al.SO BEING ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF ENGLEWOOD PARKWAY ,
THENCE CONTINUING Al.ONG THE SAID EAST LINE S 00° 06 ' 04" W A DISTANCE OF 263 ::o
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST HAMPDEN PLACE .
ALSO BEING A POINT OF CLlWATIJRE FOR A '-ION-TANGENT CURVE TO THE LEFT .
THENCE WESTERLY ALONG THE SAID NORTHERLY RIGHT-OF -WAY LINE OF WEST
HAMPDEN PLACE THE FOLLOWING FOL"R COURSES,
ALONG THE ARC OF A CUR VE TO THE LEFT HAVING A RADIU S OF 275 93 FEET, A
CENTRAL AN GLE OF 3°09 '44 ". A DISTAN CE OF IS 23 FEET AND A CHORD BEARINGS
S3 °37'IT' WA DISTA1'IICE OF IS 23 FEET, TO A POINT OF TANGENCY.
THENCE S 52 °02'25" WA DISTANCE OF 17 52 FEET TO A POINT OF Cl.J"RVA TIJRE :
THE'.'/CE ALONG THE ARC OF AT A.\JGE'.'/T CURVE TO THE RIGHT HAVING A RADIUS
OF 216 88 FEET. AND A CENTRAL ANGLE OF 37°59 '46", A DISTANCE OF 143 83 FEET
AND A CHORD BEARNG S 7 1°02 ' 18 " WA DISTAN CE OF 141 20 FEET TO A POINT OF
TANGENCY .
THENCE N 89°57'49" WA DISTANCE OF 139 72 FEET.
THENCE N 44°55'55" WA DISTANCE OF 19 99 FEET TO A POINT O N THE EAST RIGHT-OF-
W A Y LINE OF SOUTH ELA Tl STREET.
THENCE N 00°05'23" EA DISTANCE OF .296 72 FEET ALO G THE SAID EAST RIGHT-OF-WAY
LINE OF SOUTH El.AT! STREET.
THENCE N 65 °17'54" E ~ 88 FEET TO A POINT O N THE SO UTHERLY RIGHT-OF-WAY LINE OF
ENGLEWOOD PARKWAY ,
THE '.\ICE EASTERLY ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE OF ENGLEWOOD
PAR.KWAY S 89°49 '30" EA DIST .~\JCE OF .2 7:!.68 FEET TO THE TRUE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL CO NT AJ S .2 .280 ACRES , 99,3:7 SQ FT MORE OR LESS
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RICHARD A BULLE JR
COLORADO PLS NO 286-47
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H~PD6J 'P~c.~
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EXHIBIT 1
DEED
THIS DEED, made this_ day of 2001 between THE CITY OF
ENGLEWOOD, COLORADO a Home Rule City existing under and by virtue of the laws of
the State of Colorado, grantor, whose legal address is 1000 Englewood Parkway,
Englewood , Colorado 80ll0 and THE ENGLEWOOD ENVIRONMENTAL FOUNDATION,
INC ., a Colorado nonprofit corporation, grantees; whose legal address is 1000 Englewood
Parkway , Englewood, Colorado 80ll0.
WITNESSETH, That the grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other valuable consideration including assumption of the
environmental risk, the receipt and sufficiency of which is hereby acknowledged , has
granted, bargained, sold and conveyed , and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee , its successors and assigns forever , all the real property
together with improvements , if any , situate, lying and being in the County of Arapahoe ,
State of Colorado, described m Exhibit A, attached hereto and incorporated herein .
also know as: 3400 South Elati Street
Englewood , Colorado 80110
TOGETHER , with all and s ingular he r editaments a nd a ppurte nances bel ongin g the r eto
and any reversion, remainder, rents, is sues and profi ts thereo f; a nd all the est a t e , right.
title interest, claim and demand whatsoever of the grantor . e it her m law or equity. of, in a nd
to the above bargained and conveyed pre mi ses .
TO HAVE AND TO HOLD the said premises above bargained and conveyed and
described , with appurtenances, unto the grantee, its s uccessors and a ssigns forever. And
the grantor for itself, its successors and assigns , doe s covenant, grant, bargain and agree to
and with the grantee, its successors and aBBigns , that at the time of the ensealing and
delivery of these presents, it is well seized of the premises above conveyed, has good , sure,
absolute and indefeasible estate of inheritance, in law , in fee simple , and has good right, full
power and lawful authority to grant, bargain. sell and convey the same in manner and form
aforesaid , and that the same are free and clear from all former and other grants , bargains.
sales, liens , taxes, assessments, encumbrances and restrictions of whatever kind or nature
whatsoever, except those of record .
IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto
subscribed by Thomas J . Burns as Mayor of the City of Englewood , Colorado a nd its seal to
be hereunto affixed , attested by its City Clerk, the day and year first above written .
CITY OF ENGLEWOOD
Thomas J . Burns, Mayor
ATTEST
Loucrishia A . Ellis, City Clerk
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STATE OF COLORADO )
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COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this d ay of
-----------• 2001 by Thomas J . Burns as Mayor of the City of
Englewood, Colorado.
My commission expires:
Witness my hand and official seal.
Notary Public
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R & R SURVEYING
2831 S. REED ST.
DENVER, CO. 80227
Office: (303) 985-7567
August 15, 2001
Englewood City Center Parcel
A PARCEL OF LANO L YlNG IN THE EAST V, OF THE SE '/• SW •;. SW 'I• OF SECTION 34. T 4 S, R
68 W OF THE 6™ PM ., CITY OF ENGLEWOOD. COUNTY OF ARAPAHOE , STATE OF
COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS .
COMMENCING AT THE NE CORNER OF THE E 1/, SE •;. SW 'I• SW V• OF SAID SECTION 34 :
THENCE S00° 06' 04" WA DISTANCE OF 71 02 FEET ALONG THE EAST UNE OF THE
E V2 SW •;. SW V• OF SALO SECTION 34 TO THE TRUE POINT OF BEGINNING. ALSO BEING ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF ENGLEWOOD PARKWAY.
THENCE CONTINUING ALONG THE SAID EAST LINES 00° 06' 04" W A DISTANCE OF 263 .20
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST HAiWDEN PLACE.
ALSO BEING A POINT OF CURVATURE FOR A NON-TANGENT CURVE TO THE LEFT ,
THENCE WESTERLY ALONG THE SAID NORTHERLY RIGHT -OF-WAY LINE OF WEST
HAMPDEN PLACE THE FOLLOWING FOUR COURSES .
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 275 93 FEET . A
CENTRAL ANGLE OF 3°09 ' 44", A DISTANCE OF 15 23 FEET AND A CHORD BEARING S
53 °37 '1T' WA DISTANCE OF IS 23 FEET. TO A POI T OF TANGENCY.
THENCE S 52 °02 '25 " WA DISTANCE OF 17 52 FEET TO A PDlNT OF CURVATURE .
THENCE ALONG THE ARC OF AT A.'IIGENT CUR VE TO THE RIGHT HA VTNG A RADI US
OF 216 88 FEET. AND A CENTRAL ANGLE OF 37°59 '46". A DISTAi'IICE OF 143 83 FEET
AND ACHORD BEAR.I GS 1°02 '18" WA DISTANCE OF 141 20 FEET TO A POINT OF
TANGENCY .
THE CE 89°57'49" WA DISTANCE OF 139 72 FEET .
THENCE N 44°55 '55 " WA DISTANCE OF 19 99 FEET TO A PDINT ON THE EAST RIGHT-OF-
WAY L!NEOF SOUTH ELATI STREET . THENCE N 00°05 '23 " EA DISTANCE OF 296 72 FEET ALONG THE SAID EAST RIGHT-OF -WAY
LINE OF SOUTH ELA Tl STREET . THENCE N 65 °17'54" E 44 88 FEET TO A PDINT ON THE SOUTHERLY RIGHT-OF-WAY LlNE Of
ENGLEWOOD PARKWAY , THENCE EASTERLY ALONG THE SAID SOUTHERLY RIGHT -OF-WAY LINE OF ENGLEWOOD
PARKWAYS 89°49'30" EA DISTANCE OF 272 .68 FEET TO THE TRUE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL CONTAINS 2.280 ACRES. 99,327 SQ FT MORE OR LESS .
~~R.~~(/u.
RICHARD A. BULLEN JR .
COLORADO PLS NO 28647
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Tom Bums
Sue Bradshaw, Executive Assistant
August 20, 2001
Rail-Volution Conference
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The Rail-Volution Conference will be held in San Francisco , CA, on September 13-
16, 2001, and listed below are anticipated expenses while attending the conference .
Registration
Lodging
Meals
Airfare
Taxi/Shuttle
Total
$375 .00
900.00
200.00
400 .00
50 .00
$1,925 .00
If you need additional information, please let me know .
Thanks .
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~t ~· AGENDA FOR THE (}b_,lfy..--~'L...C
µJAY· () REGULAR MEETING F ~ ~ ~
r/ ~ THE ENGLEWOOD CITY CO NCIL ~ h!~J:tlJjh~ r,
~ MONDAY, AUGUST 20, 2 /(.,,IV 'll '-"~ 'J
7:30 P.M.
Englewood Civic Center
1000 Englew oo d Parkwa y
Englewood , CO 8011 0
Call to order. r;_-'io ~
lnvocatio~
Pledge of Allegiance . ~
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Jack McGraw, Acting Regional Administrator of the Environmental Protection
Agency, will recognize the City of Englewood 's efforts in the area of Brownfie ld s
Redevelopment .
1D 7.
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9. Public Hearing (None scheduled)
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Please note: If you have a disability and need auxiliary aids or seniices, please notify the City of Englewood
(303·762·2405) at least 48 houn in advance of when semces are needed. Thank you .
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lngle\\ood Ci t\ o un ii A ge ndJ ~
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200
~onseot AgendpMsHW tffi~'()
\f ~o al of ~st Read1nro ( /J-I._&? (!__ /-(:;;
,,;::;tf i. COUNCIL Bill NO. 54 · Recommendation from the Commu111ty
V Development Department to adopt a bill for an ordinance ac c epting an
Enterpri se Zone Marketing and Admi111strat1on Grant from the Colorado
Department of local Affairs . STAFF SOURCE: Darren Hollingsworth,
Business Development Specialist.
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Approval of Ordinances on Second Reading.
i. Council Bill , o . 32 , amending Title 11-1 of the Englewood Municipal Code
pertaining to Truck Traffic Control Devices.
(57J/= ~ ii.
(51/$ !C2-iii.
fn JJ:-£1_ iv .
(T)Jdf-JL V .
J?J.}j 1:!?
Council Bill , o. 4 7, approving a rate increase for the Dartmouth Avenue
Storm Sewer Project.
Co uncil Bill o . 48, approving Revenue Bonds for the D artmouth Ave nu e
Storm Sewer Project.
Co uncil Bill N o . 50, approving an agreement with the Colorado Departm en t
of Tran sportation to participate in the 1-25 Southeast Corridor Tr ansportati o n
Management S stem .
Council Bill N o . 51 , approving an Intergovernmental Agreement with
Colorado State U niversitv for the cooperative research project on land
appli at1 o n of sewage biosolid s on dryland wheat.
Council Bill o . 5 ~. approv ing a contract with the Colorado Historical
So c 1et for stabilization of th e Thomas Skerritt House .
vii . Council Bill I o . 53 , approving vacation of the right-of-way in the 2400 South
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Resolution s and Motions.
i.
ii.
Recommendation from the Human Resources Department to adopt a
resolution approving an amendment to the Cit y 's official holiday schedule .
STAFF SOURCE: Sue Eaton, Director of Human Resources.
Recommendation from the Department of Public Works to approve, b v
motion, a contract to upgrade the Malley Senior Recreation Center HVAC
System . Staff recommends awarding the bid to the only technically
acceptable bidder, American Mechanical Services {AMS ), in the amount oi
$181 ,610.00. STAFF SOURCE: Jim Kavinsky, Operations Manager.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303·762·2405) at least 48 houn in advance of when services are needed. Thank you .
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l nglew o od Ci ty Co uncil Age nda
At gust 20 , 2001
Page 3
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V.
vi.
Recommendation from the Department of Finance and Administrative
Services to adopt a resolution to transfer and appropriate funds for the
Malley Senior Recreation Center HVAC Upgrade Project. STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of two new
aluminum rear discharging biosolids trailers from Westquip/May Mfg. in the
amount of $139,286.00. STAFF SOURCE: Stewart H. Fonda, Utilities
Director and Jim Tallent, Operations Division Manager.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of one new s'"
wheel equipment trailer. Staff recommends awarding the bid to the lowest
technically acceptable bidder, Transwest Trailers , LLC. in the amount of
$42,145 .00. STAFF SOURCE: Stewart H. Fonda, Utilities Director and Jim
Tallent, Operations Division Manager.
Recommendation from the Utilities Department to approve, by motion, the
purchase of water meters. Staff recommends awarding the bids to the low
bidders, Mountain States Pipe in the amount of $31,989.20 and Waterworks
Sales Co .. in the amount of $5568 .80. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO. 55 · Recommendation from the Englewood
Environmental Foundation to adopt a bill for an ordinance transferring the
former City Hall property to the Englewood Environme:!n!lt~~flt);ll,
STAFF SOURCE: Rick Kahm, Capital Projects Ma er and R
Simpson, Community Development Director. ? ~ ~15,0
b . Approval of Ordinances on Second Reading .
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c . Res~ns and Motions.
12. General Discussion.
a. Mayor's Choice .
b. Council Members' Choice.
PluN note: ff you i... a clullilly • .... ...._,Ii* or---. pleae nodfy the City of Englewood
(303-762-2405) at i..t 41 houri•...._ olwhN ...._ _.. Medecl. Thanlc you.
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Eng le" ood Li ly C ou ncil Agenda
Augusl 20. 200 1
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13 . City Manager's Report.
1 4. City Attorney's Report .
a. Settlement of the Linda Sandoval and Robert Sandoval , Sr . v. Englewood Police
~e;fj;;;Jf~O<>NIBB5 /2,')S -
Adjo,mme~~ _frt.l r-&/Jt
The following minutes were transmitted to City Council between Au~s~t..:::3'....!a;!!ll.._......,,--..
Englewood Non-Emergency Retirement Board meeting of May 8, 2001
Englewood Urban Renewal Authority meeting of May 9, 2001
Englewood Non-Emergency Retirement Board meeting of June 18, 2001
Englewood Public Library Board meeting of July 10, 2001
Englewood Board of Adjustment and Appeals meeting of Jul y 11 , 2001
Englewood Code Enforcement Advisory Committee meeting of Jul y 1 ~-~
Englewood Uq,o, U=sing T dephone Poll of ),ly 18, 200 I ).l' "..h
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Plew note: If you haw a cllabillty and need auxilla,y aids or NmCet, plwe notify th. City of Ensfewood
(JOJ..762-2405) at !eat 41 hours in advaKe of when semms are needed. Thank you.
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Lou Ellis
08/17/2001 06 . 10 PM
To : Dan Brotzman/City of Englewood@COE
cc:
Subj ect : 8/20 agenda
Items 10 c ii and 10 c iii are listed in reverse on the Agenda.
I imagine the intent was to deal with the transfer and appropriation of funds first and then
approve the contract .
Is this an issue as it is on Consent?
Any suggestions would be helpful! Thanks!
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