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HomeMy WebLinkAbout2001-11-19 (Regular) Meeting Agenda PacketJ • .. . • .,, , ')'.. • -., November 19 , 2001 ENGLEWOOD CITY COUNCIL Regular Meeting { .. .. .. 0 • • • ,,.-- • . .. .. • -~ Regular City Council Meeting NOVEMBER 19, 2002 Ordll /A'. I, r• r• 71, 72, 73, 74, 75, 76, 77, 78, 79 Reso ll 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 .. 4 • 0 .. .. 0 0 I • 0 ]~ • • -• ,..-. • ·' • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Nonmber 19, 2001 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7 :43 p.m. 2. Invocation The invocation was given by Council Member Grazulis . 3. Pled1eofAIJeslantt The Pledge of Allegiance was led by Mayor Burns . 4. Roll Call Present: Absent : A quorum was present. Also present : 5. Minutes Council Members Grazulis, Garrett, Bradshaw, Wolosyn, Yurchick, Bums Council Member Nabholz City Manager Scars City Attorne y Brotzman Deputy City Clerk Castle Deputy City Clerk White Senior Planner Graham Director Gryglewicz, Finance and Administrative Services Capital Projects Director Kahm Director Black, Parks and Recreation Director Simpson, Community Development a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 5, 2001. Ayes : Nays : Absent : The motion carried . 6. Sc:heduled Vlslton Cowicil Members Garrett, Bradshaw, Wolosyn, Yurchick, Grazulis, Burns None Council Member Nabholz (a) Scott McClurkin, 3270 South Lafayette Street, was present to address C it y Counci l regarding Council Bill No . 36, pertaining to pet s. He asked if the leash law had been passed . I • 0 - • • • Englewood City Council November 19 , 2001 Page 2 • • - Mayor Bums said it was on the agenda tonight o n second reading . Mr. McClurkin sa id the reason he was here for a second time was. ho pefull y. to clear up some issues that were left unanswered and un said during the prt'v1ous C n y C ouncil mee tin g . He sa id he could no t recogrn ze that there was any opposition by reading the Englewood Herald . I would lik e to apologize to th e C ode Enforcement people if I implied that the y were not doing th e ir jobs regarding th e dog at-l arge , s ue . he said . They are. and I commend them for that . Secondly. I would lik e to apologize to C n y C ounc ,I for my ignorance that I predisposed that the y would answer . directl y. any quesuons re garclm g thi s iss ue . I understand that the y are under no obligallon to engage 111 a ny d ial og or debate" uh a rn ,zcn of Engle"ood during this time period. he said . however. I would be more than happy to engage th ose predis posed an y time. any place. any where. Now to the is s ue at hand . Last week. I wa lked m y unleashed. re spons ibl y controlled dog over to C herry Hills V 11l age . I heard a little gasp the la t lime I "as here becau se the y did not believe they do not have a lea s h law over there . he said . I went up to C lark son and Mart111 Lane. anJ there is a little c urve there and a s ign behind there . That s ign sa ys . ··pkase keep your pets unde r cont ro l ·· then took my unleashed . responsibly controll ed dog do,\11 to Wood, Holl o \\ Park. "here ) o u can go down all the trails behind the huge home s . T hat park 1s pan of the South Suburban Trail D1 tnr t. he ad, 1sed. and that also ha s a s ign that says, .. please keep yo ur pets under contro1.·· :'s o" "h) doe he rr, H ilb ho ld 1he1r c 111zens in such high regard as to acknowledge that the ir c 111 ze ns are respon 1ble wnh th eir anuna Is. whil e Eng lewood would ho ld th ei r ci u zens in uch lo" regard ? Smee the Code En fo rcement departme nt "domg their JO b , I can onl y s urnuse that 1h1 1s true . It 1s no t a quesu o n o f ne ed. 11 1 a q ue uon of \\Jill. he ,a1tl You want a leash la w . yo u don ·t need a le as h 1.-,. D1d you kno\\ that. under the dog a1 -largc o rd111an e. Code Enforcement personnel can ask yo u. if they see yo u with yo ur ammal \\1thout a lea h . for a demons tration of control of yo ur dog? I don ·1 know if anybody kne" that or not . o r e,·e n ha read thi s IJ". he said. You can know ifit is under control by calling your dog. making h,m s it. et c. T hat ha s happened to me, he said . I was stopped by Code Enforcement personnel. I do not knO\\ lu s name but he "as a n eldcrl) gentleman. I called m y dog over and had him sit, which sati sfied him. If the ode Enforcement om er 1s not sa ll s fied , and they can cite yo u. the case is closed . They can wnte you up for ha vm g a dog at-large . so yo u can see that the laws are already on the book s . It is a quesu on of " ant a nd not need . he renerated Andrew Jackson once said ··one courageous man makes a majori ty ... Now. and thi s comes from th e hean . I believe C uy o unc,1 was dishonest "1th thi s I sue. he sa id . as I ha ve 110\\ demo nstrat ed ,0 1 111 a dishonest y of consc ience. but 1111gnorance . The reall y sad part about this ,s tha t I bche,e )O U "e re dishonest with }Ourse lf. I hate 10 ram on yo ur parade, beca use I kno\\ you are leanng. and I \\3llt to thank you for lettuig me speak_ We are pohllca l oppone nt o n thi s ,ruau on. but I am no t glad to see you go . He thanked Council fo r h stemng to him. Mayor Burns said he would be happy to kn o\\ he \\Ould not be votmg on 1111 ordmance th1> e\'e 111n g. Mr \1c lurkin ,aid he had a qui ck commem, 111cc he had about fi,e nunute;, lefi li e sa,d he \\a s read111 g the Englewood Herald. and some woman ca me up here and sa id that her dog "a atta cked te n tunes 111 a park. That must have been one mangled mutt . he assened. and I would hke to ee that ,et bill. if there is such a thing . On top of that. s he kept go mg back . so I would take 11 \\llh a gram o f alt , th es e c harge s o f unlea s hed ammals . I guess I am predis posed toward my dog, because I do ha\'e a ve ry good. obed ,em dog. he sa id . Any 11me C n y Coun ci l want s to walk with me and the dog, we w ill have a great o ld 11me . You will see him s n . etc . If some ammal 1s unruly , pick him up . I Mil probabl y e nd up bemg a lawbreaker. I will walk my dog a t mg ht . like a inja . I do not know what I am go mg to do. I w ill probably obey the law. who le.nows . He again thanked Council for their lime and for hstenmg to him. Mayor Burns said he would like to make one point. He felt that South Suburba n Park s and Rccrea uon District had jurisdiction over the Highline Canal through C herry Hills . They have a sign that you ha ve to keep your dog on a leash not to exceed s ix feet, he advised. Mr. McClurkin sa id he would bring in the sig n. Mayor Bums said he saw it JUSt ye sterda y . • .. I • 0 • • • Englewood City Council November 19, 2001 Page 3 .,,. . • • • Council Member Bradshaw said that is even a bigger issue. then . ,f you bnng the s ign . Mr. McClurkin said Woody Ho llow Park 1s 111 Cherr) Hill s. and there are ,gns that say keep yo ur pets under control. I would assume 1t 1s because they have hor es there . he allo"ed. so th e \\eahh~ ca n mo ,e or less do what they want, and the great. um\ashed ci ti zens ofEngle\\ood cannot. He thank ed Coun 11 7. Unscheduled Visitors (a) Enc Benoluzz 1. 4860 South Gala pago Street. sa id 1h1 s ,s one of tho se tune s "hen \\Ord , are inadequate , so he \\OUld be calling upon the mu s, of Johann ebasuan Bach to ex pre s l11 s apprccia11on to Mayor Bums for hi s erv,ce to Engle\\ ood and for ht k111dness to Mr. Bertoluzz1. Mayor Bums said Mr. BenolUZZJ is a pnnc1pal of the Colorado Symphony Orchestra. and "e are , t-r~ proud to have htm m the c n y . Mr. Benoluzzi played the Prelude from Sune :/I in G major by Johann Sebastian Bach on h, cello After a round of applause . Ma yor Bums advtsed that Mr. Benoluzz, ,s also the cha,mian of our uhura l Ans Cornnuss1on and we are very happy to have him . That was very mce. he said . 8. Communications. Proclamations and Appointments (a) A lener from Shann on o·Lear) 111d1 ca un g her res1gna 11 011 from th e Engk"ood Publi c Library Board was considered. COllNCIL MEMBER BRADSHAW !\10\"[D. AND IT WAS SECO'.\iD[D. TO ACCEPT. wrrn REGRET. THE RESIGNATIO:-. OF SHANNON O"LEARY FROM THE E~GLEWOOD Pl"BLK LIBRARY BOARD. Ayes : Nays . Absent : The motion camed . Council Members Garren . Bradsha"'. Wolosyn . Yurch1ck . Grazulis. Burns None Council :'>1ember :slabholz Mayor Burns sa id Ms . o· Lear) ha ; don e a great JOb on the Public Library Board. and he was glad she had md,cated that , if she had tune, she would like to serve the communit y aga111 at another ume . (b) Mayor Burns said the agenda now ca ll s for him to make some depart mg comment s before we swear in the new Council members. He said he would just hke to say. as he had a couple of weeks ago. that it has been his great pleasure to serve as the mayor of Englewood for the past seve n years. We have seen a lot of changes, and a lot of things are still going on . I have had the plea sure of working with C n y Manager Sears and his staff. who I thmk are j ust unparalleled people to work with . They are j ust the best. and we have had a lot of wonderful accomplishments by tht s staff. a lot of nau onal awards . specific servtee award . accomplishments b y the people on the staff He sai d he would hke 10 especiall y thank C n y Counc il for the great cooperauon they have given us . It ha s been qune a nde for the la st several ye ars. and we are still doing things , he sa id . We are sull in the middle of a lot of stuff for the Ci ty, mcludmg the General Iron Works plant. the CityCenter redevelopment . the old c ny hall Sile, and the wonderful bond issue we passed a couple of weeks ago . We have on the agenda tom ght the issue of the first bonds o n that. and we have the baseball park which will open for pla y 111 th e spnng. and II JUSt ke eps gomg on and on Ewry ume I pick up something, somebody else has \I.Oil an a\\ard on 1h1 s staff, so they are JUSt \\Onderful people to work with . He said he would especially like to thank the lad y who came wnh him to mght Man y of you know Karen Susman, the lady in my hfe . She is a speaker and tramer. and has tramed man y of the • I • 0 • • • Englewood City Coun ci l November 19 . 2001 Page 4 .,-. • • - people 111 th e II ) from lime to tune , through th e Colorado Municipal League and other orga ni za ti ons 111 th e state . as well as the all onal League of me s he ha s e ,·en gotten me into her professio n in th e la st year and we s peak together o meumes he ha been my ass istant . compam on and suppon thr ough all oftlu s. he said. and she 1s very special to me . Mayor Burns asked fo r a round of applause for Ms . Susman. Mayor Burns said I "~II no" ask the Deput y Ci ty C lerk to read the name s of the ne"I Y e lected Co uncil members. two of whom have run for re-election . Those members are then sea ted m the spaces up here and they will vote for mayor and mayo r pro tern . They will then ha ve their permanent seat as s ignmen ts on the dais . We have six out of our seve n Coun ci l members ba c k , and John Moore wi ll take my pos 111 on 111 Di strict 2. he said . They " 111 be swo rn 111 and then we will have a littl e more ce remon y a nd ha , ea bner reception . He wished Mr. Moore all th e best. as he enters into hi s se rvice in Di stnct 2. and congratulated Bev Bradsha w and Doug Garrett on th e ir re-election to Council. With that . I will as k the Deput ) C uy C lerk to read the name s of the ne" ly e le cted Cn y Co unc il member . There a re three . he explamed . J , four of them did not have to run agam. s 111ce they are m the nuddle of their terms . Deput y City Clerk Ca tie stated that th e Co uncil members elected on '.'\ovemb er 6. 200 I are John H Moore, Coun c il Member Distric t 2. Dougla s G Garren . Counc il Member D1 stnct 4 . and Be,·erl) J Bradshaw. Counc il Member At -Large . Ma yor Bums stated that the ) \\Ould no " be s worn 111 . a nd he "ould leav e the bench so the ~ rnuld ta e thrn seat . T he three Coun ii me mbers "ere s "orn int o o ffi ce b y Mu111 c 1pal Judge \'mcent At enc io The Coun 11 Member took th eir sea ts . Present "ere Co un c il Member !\1 oore . Grazuh ;. arren . \\'olo,)n . Yurc h1ck and Bradshaw. Coun c il Member Nabhol z was absent . Ma yo r Pro Tern Bradshaw asked for nommat,on s for the office of ma yo r COUNCIL MEMBER GARRETT MOVED , AND IT WAS SECO~DED. TO NO!\ll~A n : BE\'ERL \' J. BRADSHAW AS MA \'OR OF THE CIT\' OF E~GLEWOOD. Ayes : Nays . Abse nt . T he motion earned. Council Members Moore. Ga rren . \\'olosyn . Yurc h, k. Grazulis. Brads haw None Coun c 1l Member '.\abhol z Mayor Brads haw said this might come as a s hock to man y. but she j ust did no t have any " o rd s but thank yo u . To th e c ittzens of Engle wood , 1t 1s an honor 10 sen e as ma yo r o f o ur fa ir c u y. I "ill treat 1h1 office as I have our city, with re spect and love . To my fello " oun c il members. th ank yo u for yo ur tru st and co nfidence . This is not a one-person job, and I will not become a s in gle vo ice s peaking fo r our c n y. We speak together. To the staff. my door is alwa ys open to yo u . We need 10 \\Ork to ge th er to continue to ene our ci ti zens to the be st of o ur ab1h11e s . \\' e need to contmue 10 mow fo n, ard and mak e Engk" ood the best c ity possible . To the busmess co mmunit y, I had a very mterestin g conve rsation la st Saturda y. with a person I am ,·e ry honored 10 know Hopefull y what I have to say " 111 strike a note wuh all of yo u. she aid . Po hucs are JUSt that, pohttcs . The past JSJUS t that . th e past. I s mce rel y hope \\e ca n a ll mu,·e fon,ard 111 a positive vei n, to make doing bus iness 111 Englewood a pl easurabl e ex peri ence . The years ahead are full of opportunities and challenges, she said . If we work together , we can accomplish so much, so let·s stan toda y with a fre s h beginning of the pos iti ve thmg s we can do together. Thank yo u. Mayor Bradshaw asked for nominati ons fo r th e office of mayor pro tem . I • 0 • • • Englewood City Council November 19 , 2001 Page 5 •,. • • - COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO NOMINATE DOUGLAS G. GARRETT AS MAYOR PRO TE'.\I. Aye s: Nays : Absent : The motion earned. Coun c il ',frmber '.\1oo re. Garre tt . \\"o los yn. Yurc hic k. Grazu hs. Bradsha" :,lone Counc il Member Nabh o lz Mayor Bradshaw asked Rick Kahm to present a token of apprec1a11on to Tom Bums. C n y Manager ears stated that sta ff. a s Mr. Bum, had noted. 1s ,ery c reative . Wnh th e help of se ,eral swff people, one ofwhac h wa Leigh Ann Hoffhine . as well a Mr. Kahm "s crew . a memento plaque ,,as put together for Mr. Bums that "e think he "all e n JOY C apua! PrOJCC I D1re c1or Kahm re ail ed th e Bro adwa> pr0Jec1 . whi c h la sted two years. cost S4 nul ho n. an d wa s a su e s Late an the pt oJe ct. he sai d. '.\1a yo r Bums noted that the consultant do in g th e de sig n ,,ork had not re all y do ne a good JO b with our thirty-five year old bridge over Highway 2 5. At ha reconuncndauon. we upgraded the rails on the bndge and then Ma yor Bums wanted the bndge to be h t. which was reall y tough because the accent lights up and down Broadway have been out of produ ta on for about twent y year . But we managed to come up with ten hghts , and then we go t to \\TC ti e ,, uh I.: ,eel 101 about t"'o month to get a meter so we could finall y get them turned on . That wa s proba bl> o ne of the toughest as agnment we had on the entire project. he said. and so . we have for )O U. Bums Bri dge \1 1 Kahm pre ented . to Tom Burns. a framed pi c ture of th e Broadway bridge "1th a treet sign that read .. Burns Bndge ... Mr Bums saad he got a lot of needling out ofthas. They saad the y were go in g to do so mr th1n g hkc 1111,, lw said. but I JUSt got bugged about that bridge because at was so cold lookin g It dad not ha , e a ni hg lm on 11 and It was not safe at night. So they did it . and we had a lot of kidding fr om at and at took a whal e 10 get II ht up . I appreciate this very much and I have reall y enJo yed workin g wath Ra c k o n a lot o f than g . and I appreciate his going to the trouble of doing this . '.\1a yor Bradshaw asked Council Member '.\ioore af he wo uld lak e 10 recogna u fa md ) or gue ,1, \1 1 :'>foore said he would hke to recogna ze hi s father-in-law . Kell \\'aggun er. ha mother-an -l a" Jod ie \\"aggune1. a well as has wafe Kathi . Mayor Bradshaw said at this time she would lake to in,·ue everyo ne 10 enJ O so me cak e an d refres hment , with us to celebrate this occasion. 1 would lik e to thank my friend s fo r yo ur contmued suppon throughout tha s pohuc al Journe y. It made a hu ge difference . Mayor Bradshaw presented a plaque to Tom Burn . The inscription read .. To Thomas J . Bums in recogni ti on of his distinguished leadership and outstanding c onmbu11on s to the conununny as Coun c il Member ovember 3, 1993 to 'ovember 19 . 2001 , and Mayor De cember 5. 1994 to November 19 . 200 1 ·· Mayor Bradshaw again invited everyone to join the recepuon in the Communaty Room. The meet mg recessed at 8: 15 p .m. for the reception, reconvening at 8:50 p .m . ";th Council Members Moore . Grazuli s. Garren. Wolosyn, Yurch1ck and Bradshaw present . Council Member Nabholz was ab sent . Ma yor Bradshaw expressed thanks to staff members Leigh Ann HofThine s. Sue Brad haw, Susan Werntz and Pauletta Puncerelh for the nace reception . 9 . Publk Hearin& No public hearing was scheduled before Council. • I • 0 • • • Englewood City Council November 19, 2001 Page 6 10 . Consent Agenda • • -.. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECOl"iD[D. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), (iii). AND 10 (b) (i). (ii). (iii) AND (h·). (a) Approval or Ordinances on First Reading (i) COUNCIL BILL NO . 75. INTROD UCE D BY COUN IL MEMBER GARRETI A BILL FOR AN ORDINANCE AMENDING TITLE I , CHAPTER 9, SECT ION 3. OF THE ENGLEWOOD MUNICIPAL CO DE 2000 PERT A!NING TO CORPORA TE CITY EAL. (ii) COUNC IL BILL NO . 76. INTROD UCED BY COL'NC IL \1EMBER GARRETI .. A BILL FOR AN ORDINANCE A THORIZING A .. CITY DITCH LI CENSE AG RE EMENT"" FOR AN 18" STORM SEWER CROSSING OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH AT 5200 BLOCK OF SOUTH PRES COTI STREET 11' LITTLETON . COLO RADO. BETWEEN THE CITY OF LITTLETON . COLORADO Al\D THE C ITY OF E~GLE\\.OOD. COLORADO. (111 ) COU NCIL BILL NO . 77. I .TROD UCE D BY COL: T IL MEMBER ARRETI A BILL FOR AN ORDINANCE AL'THORIZING ACCEPT A 'CE OF A VALE GRANT FROM THE VICTIM A I TA. '('E LAW ENFORCEMENT BOARD OF THE 18TH JUDI CIAL DISTRICT . (b) Approval of Ordinances on Second Reading (1) ORDINANCE NO . 67. SERIES OF 2001 (COUNC IL BILL :-.:o . 65 . INTROD CED BY COUNCIL MEMBER GARRETT) AN ORDINA CE AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO TO ENTER I. TO TWO EASEME T AGREEME TS FOR WATER PIPELI 'E EASEMENTS A. D THE AC CE PTANCE OF A Q IT CLA IM DEED TERMINATING A EXISTING EASEMENT LOCATED AT MCLELLAN RESERVOIR . (1i) ORDINANCE NO . 68 , SERIES OF 2001 (COUNC IL BILL NO . 7 1 . INTROD UCE D BY COU 'CIL MEMBER GARRETI) AN ORDINA CE AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO TO ENTE R IN TO TWO LICENSE AGREEMENTS AND TWO TEMPORARY CO STRUCTIO 'EASEMENTS LOCATED NEAR THE INTERSECTION OF SOUTH SANTA FE AND DAD CLA RK G LCH IN ARAPAHOE CO 'TY . COLORADO BETWEEN CENTEN 'IAL WATER AND SA"ilTATION DISTRICT AND THE CITY . (iii) ORDINANCE NO . 69 . SERIES OF 2001 (COCNC IL BILL NO . 2. INTROD UCED BY CO N IL MEMBER GARRETI) • I • 0 • • • Englewood C 11y Council 'ovember 19. 2001 Page 7 "\•. • .. • • AN ORDINANCE APPROVING SUPPLEME , T NO . 151 TO THE SOUTHGATE SANITATI0:-1 DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LA , D WITHIN THE DISTRICT BOUNDARIES. (iv) ORD! 'ANCE NO . 70, SERIES OF 2001 (COUNC IL BILL ,o. 73. INTRODUCED BY COUNCIL MEMBER GARRETT) A. ORDINANCE APPROVI GAN INTERGOVERNMDITAL CONTRACT BETWEE N THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD COLORADO. RELA Tl:-IG TO THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM . ( ) Re so luttons and Motions There were no resolutions and motions . \'otc rnul11: Ayes : Nays : Absent · The mouon carried. 11 . Rccular A&cnda Coun ci l Members Mo ore. Garre n . Wolosyn. Yurch1 ck Grazuhs. Bradshaw None Council Member Na bholz (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented a reco mmendauon from the Depanme nt o f Community Development to adopt a bill for an ordmance approving an Intergovernmental Agreement wnh the Colorado Department of Local Affairs accepting grant funding for a man GroMh Hou sing Study. He said the grant. in the amount of approximatel y $19 ,000.00. \\ould be for a housing study relatt ve to the light rail and General Iron Works . The study is in two pans, he advised . We are looking at workforce housing issues and there will be surveys of employers . We are also look ing at General Iron Wo rk s a a case study opportunity to provide workforce housing . This 1s th e first of two pha es of a grant. he said . The total grant was $50.000.00 . and the second study will be a land use stud ) around the Oxfo rd tatt on. but we do not have the contracts for that agreement at thi s ume . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDt.:0. TO APPROVE AGE!'\DA ITEM 11 (a) -COUNCIL BILL NO. 74. ON FIRST READING . COUNCIL BILL NO . 74 . INTRODUCE D BY COUNCIL MEM BER \VOLO \';',: A BILL FOR A 1 ORDI NANCE AUTHORIZING AN INTE RGO\'ERJ'-M El\'l AL AG REEME:--T BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIR (OOLA) Al'-D THE ITV OF ENGLEWOOD FOR A GRANT PERT A IN ING TO A SMART GROWTH HOC 1:--G TL 'DY Vote rault1: Ayes : Nays : Absent : The motion carried . Council Members Moore . Garren . \V olo yn. Yurch1ck Grazulis, Bradshaw None Council Member Nabholz • I • C, • • • Englewood City Coun c il November 19 , 2001 Page 8 ,---· • • • ' (11 ) Dtrector Grygle w1 cz pre se nted a recommendatt o n from the Depanment of Finance and Admm1 stratt,·e erv1ces to adopt a bill for an emergenc y ordinance authon7ing the I suance o r bonds for Parks and Re reatt on projec t . He advi se d that thi s would authonze the I uanct'. up to $8.325,000.00. in ge neral oblt ga tto n bonds. and would be the firs t pan of th e bond issue that "a pa sed 111 th e Nove mber 6. 2001 ekct1on. lt 1s being done as an emergency ord mance to take ad,anta~e of the ta, laws . If we issue under $10 nullt on. 11 will give us favorab l; ta x· treatment "hen we go 10 s;II th ese . he sa id . Addnionally. I will be goi ng ou t 10 Sa n Fran c isco with Ci ty Manager Sears and o ur fi nanc ia l advisor Nove mber 29'" and 30'h to talk to the bo nd in sura nce agency and to the ra tin g agencies. COUNCIL MEMBER WOLOS\'N MOVED. AND IT WAS SECONDED. TO APPRO\'E AGE:"IDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 78. ON t'IRST READING . COUNCIL BILL NO . 78. I TRODIJCED BY COU1'C IL MEMBER WOLOS Y N A BILL FOR AN ORDINANCE AUTHORJZING THE ISS ANCE BY THE C ITY OF ENGLEWOOD OF ITS GENERAL OBLIGATION BONDS , SERI ES 200 I . FOR THE P "RPOSES APPR O ED AT THE CITY 'S ELECTION 0 .' NOVEM BER 6. 200 1. AND A THORIZING TH E LE Y OF PR O Pl:R fY TAXES TO PAY SUCH BONDS ; PR OV IDI NG THE FORM O F TH E BO:-.iD S A;,.;D OTHER DE"I A II S IN C01''NECTION THEREW ITH : APPROVING DOC M ENT RE LATISG TO T HE 80'0 . A;,.;D DEC LARING AN EMERGENCY . Vote results: Ayes : Nays : Absent : The motion ca rried . Council Members \1 oore . arren. Wo lo,yn. Yurc h,ck Graz uli s, Brad shaw No ne Co un c il Member Na bh o lz (iii) Capital Projects Director Kahm prese nt ed a re commenda tt on from th e Depanment of Publtc Works 10 adopt a bill for an ordinance approvin g an lntergovemmemal Agreement with Urban Drainage and Flood Cont rol Dismct fo r 81 g Dry Creek Improveme nts adjacem 10 th e Alle n Water Treatme nt Plant . eve ral yea r ago . as the State wa s doing the :-Sa, 3jO Proiec t. the~ bu tit th e ne " bndge o n Wmdermere aao,; 81g Dr) Cre e k. At that ttme. th ey remap ped the iloodplain at that lo atto n. he advised. and II was detemuned that the Allen Plant could be at n sk for fl ood in g ma major 1om1 eve nt . The plant expansion was going forward . he said , and . to prote c t the plant . the proJec t \\C nt ahead a nd put 111 a wall to protect the project at that point . Urban Dra inage suggested that they ha, e a capital projects account and it is spread out over several years , j ust like our long-terrn ca pnal proJec ts plan. T he y were willing to participate, but II would take time, so we did the minimum to p ro tect th e plant . We a ppli ed for funding for some additional floodwall improvements . At thi s ttme , fo r 200 I . there ts mo ne y ava ilab le on a 50/50 basis with Urban Drainage for the design of thos e improve me nt . and in 2002 the constru tton mone y would also be avai lable on a 50150 ba sis. This ha s allowed us 10 bnng Ill about S 5.000 00 to $80,000 .00 in Urban Draina ge Dis tnct panici patt on in thi s project . he advised . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SEC O:"IDED. TO APPROn: AGE:'\DA ITEM 11 (a) (iii)-COUNCIL BILL NO. 79. ON FIRST READING. COUNCIL BILL NO. 79, INTROD CED BY COUNC IL MEMBER WOLO YN A BILL FOR A ORDINANCE A THORIZING AN INTE RGOVE RNMEr--:TAL AGRl:E\11:Kl EN TITLE D "AG REEMENT REGA RDI NG FINAL DES IGN AND COKSTRUCTION OF DRA INA I: A N D FLOOD CONTROL IMPROVEMENTS FOR BIG DRY C REEK AT ALL EN WATER TREATMENT PLA NT B ETWEEN THE URB AN DRAI NAGE AND FLOO D CONTR OL DI T RI C1 THE C ITY OF ENGLEWOOD . • I • 0 • • Englewood City Council November 19 , 2001 Page 9 Vote results: ·,, • • - Ayes : Council Members Moore. Garrett, Wolosyn. Yurchick Grazuhs. Bradshaw Nays: one Absent: Coun ·,J Member 1'abholz The motion earned. (b) Approval of Ordinances on econd Readmg (i) Council considered Council 8111 :-Jo . 36. amending Tit le 7. Chapter I A of the Englewood Municipal Code pertaining to dogs and cats. as amended. Council Member Garrett allowed that Council has been struggling with this for qune some time , but. felt that another slight delay might be needed. The Parks and Re creation Corrm11S s1o n and th e ode Enforcement Advisory Committee have not set up a fim1 date to d, cuss 1he pil o1 program '.l.1r G arren expressed concern that. if the ordinance was passed m ns present fonn. after th e thin ) da} pe n od. "hen It becomes effective. we ma y have a gap between the pilot program and th e effec t I\ e date of the ord in ance. whereby we would have a leash law m our parks that would need to be en fo rced . before "e ha d th e pilo1 program m plac e . M y recommendation is to delay this a bit . he said Mayor Bradshaw asked ,f \\e could mo ve to postpone . C ity Anorney Brotz man asked ,f Mr. G arrett had a date that he would hke to reset 1t to . Council Member Garrett said probably December 3'd. He asked when the first meeting m January would be. He interjected that he though Council Member Wolosyn had a comment . Council Member Wolosyn said she was perfectly m agreement with doing thi s. In talking about the spint of the whole thing, however, 11 wa s I who suggested that we pas the ordinance and let staff stipulate the times. I did not understand then that 1t -..ould go back to a conurn ss 1on . Maybe we should JUSt take the plunge. this is the way we want to pass 1t. In e ssence , -..e k.no-.. what we want staff to do. we want them to set times. The advisory commmees advise us . not staff. so I feel like we are getting things out of whack . Mayor Bradshaw asked what would make II oka y. Council Member Wolosyn said. originally, we talked about some hours . maybe we can make tho e hours a litt le more. She allowed that she was starting to get a little more understand mg. and she ,s ",Jling to do this. but just wanted to present this httle problem. C ouncil Member Garrett said the reason II "ent ba ·k to th e Parks and Re creati o n Comm1ss1011 . Jnd he would take responsib1hty for II because of the mstru li ons that came down. was that they ha,e a fair ly good sense of how the parks should be managed. We thought their mput on helping us des ignat e th e umes -..ould be helpful. During that process , they decided to JU St make it the way It ,s, -.. h1 c h wa s a miscommunication. C ouncil Member Wolosyn felt II wa s confusmg to them. Council Member Garrett agreed. He said 1t was confusing and then we thought ,f the Code Enforcement Advisory Conunittee got together with Parks, then both sides could understand what the issues are . We are trying for one date. and Mr. Roth is going to check his calendar to see 1f that date works, and ,fit does not. then we will try to find another one that is earlier. Mayor Bradshaw asked if he would like to take this back up on January 7"' .. • I • 0 • • • Englewood City Council November 19, 2001 Page 10 I• -.. ,.-. • .. • - Council Member Garren said we could do it on the I 7'h of December, and we would have a c hance 10 pas s the pilot program by resolution. or we could do 11 all on the 7"'. e 11her wa y. Mr. Garren sa id he "ould not be here on December I 7'h. if that ha s any impact . Council Member Yurch,ck said he would personall y hke 10 see 11 pas ed. a 11 1 gett mg drug out . and co me January 7"' or January 13'" there is going 10 be another ,ss ue . I don 't Im o" ,vh y we annot pa 1111 ;, a -,s and have the pilot program m place -.11hm thin ) days . he said The \\3) I under land 11 .1h1 "'II auth on,e the pilot program, we are not senmg the hour Council MemberGraz uhs sa id there I not real!) a p1l o1 park s program that ,s \\T11tcn up )C l. l11 SJU 1 maybe this or maybe that. Council Member Garren said he was under the 1mpress 1on that we would ha,·e 10 pa s th e p1l o1 prog ram b~ resolution. City Anomcy Brotzman said yes, to get the pilot program in place . Council Member Garren said h, concern was that it would take action by Council 10 put 11 m pla ce Counc il Member Yurch1cl a,d he thought 1h1s ordinance authorized 11 m co nce pt. and 11 "a up 10 ,ufl 10 crystallize that concept C ouncil Member Grazuhs said she would JUS! hate to see that gap. Council Member Garren said he wa s under the 1mpress 1on th at the y "ould ha, e 10 do a re olu11011 10 ,mplement 11 . City Anomey Brotzman said ye , the pil ot program. And the iss ue ,s no11ha1 staff a n dra\\ 11 up . but )OU also requested the Code Enforcement Ad, ,sory onurnttee and the Parks and Rccrea11on omnu ,io n 10 meet to discuss 11 as -.ell . Counc il Member Yurc h,c k said he "as JUS! co ncerned that 11 keeps ge llin g dra " n out. Council Member Garren said he -..·anted to make s ure he wa s clear. Hts concern 1s that -..e wo uld have 10 pass a resoluuon confim1mg the p1l o1 program If Council ac 11 on ,s 1101 ne eded. we ca n pa ss 111omgh1 and have it put in place w1thm thtny days . City Anorney Brotzman said they will need a ounc,I resolution . Council Member Garren said that is where he got hung up . m that we \\Ould ha,·e 10 have a Coun c il resolution to do something. C ouncil Member Yurch1 c k said he thought paragraph 8 was that resolu11on . He asked ,f we ha\'e 10 ha, e a resolution in addition to paragraph 8 . C 11 y Anorney Brotzman advised that paragraph B requires Counc il to pass a resoluuon apprm mg th e Park s and Recreation pilot program . Mayor Bradshaw said let's go back to square one . What do we ha"e in place now, w11hout thi s being passed ? Ci t y Anomc y Brotzman said we currently have dog under control. • .. . , I • C, • • -• Englewood Cit y Counci l November 19. 2001 Page 11 . .,--. • • - .. Council Member G arren said . 1f we pass II this evening, th en we have a lea sh law. and 1fwe don ·t have a pilot program in place w11hin thiny da ys, that is where I got stu ck. Council Member Wolosyn said that is exactly right. Mayor Bradshaw said she understands Council Member Yurchick ·s concern by sa ying let's Ju st pa s II and be done with it . But ifwe pass it, we will have people who think the y do not ha ve a leash la \\. a nd all o f a sudden, this is a leash law . And that is not okay either, because then we have mi sc ommunicat ed with th e public . Council Member Yurchick said paragraph Bis not really addressi ng a le a h la". 11 1s address in g a dog-free zone . I look at this as two separate issues, he said. I look at th e dog-fr ee zone. wh eth er 111 s th e pa rk o r a separate area, I look at them as independent issue s. I guess . Mayor Bradshaw said let me try to put it on a personal le vel. Today I wa wal km g my dog at Jaso n Park . If this passes. then I would have to ha ve them on a leash at the park. and 1 did no t ha ,e th em o n a lea h today, so I would have been in violanon of we pass thi s . Council Member Grazulis felt 11 wo uld be confusing to our consmue nt s ,f we pass II a nd there ,s 1l11 s ume in between when the y can do 1h1s a nd th e y can ·1 do that . Ma yor Bradshaw agreed that it would be an en fo rcement headac he ,f "e pass ,1 1h1 "a}. Council Member Yurchic k said II would onl y be an en fo rcement headache in the park . not th e rest o f the cit y. Council Member Garren said that is right . Council Member Wolosyn said, since we do want to have thi s pilot park program. the most pragmatic wa y is 10 do them both the same night. because it is the same amount. thirty da ys . She said s he wo uld like to do it as soon as possible. Council Member Garren said no . the resolution would actua ll y go int o effe ct immediate ly Whcne ,-er "e pas this ordman e . we ha ve th,ny da ys to put the pil ot program in pla ce and not ha ve a ga p. because th e re solution becomes effec uve munediately. Counc il Me mber Wolosyn as ked if we co uld not do thi s e ffe cuvel y in thin y da ys . o unc1l Member Garren sa id he did not kn ow when the y \\e re goin g 10 mee t. Ma yor Bradsha w said II is the holidays , and the Parks and Re creation Comnu s ,on usuall y does not meet in December. Council Member Yutch1c.k rec alled that Director Black sa id the y we re gomg to me et a t th e nex t Code Enforcement meeting. Direc tor Black advised that they are trying 10 coordinate with the Code Enforcement Ad visory o mm1n ee . One of the tentauve dates that we a re lookin g at 1s the 13"' o f December, but we have 10 coordinate "~th Code Enforcement 10 make s ure that wo rks for them If that does not work . II ma y be that we ca n push tha t date up a linle ear her or a hnle later , we are not sure yet. • .. I • 0 • • -• Englewood City Council November 19. 2001 Page 12 . . .. • • - Council Member Garren said , from a practical point of vi ew, if we did meet on the I 3th . tha t I a Thursda ) evening and I don't know what we have to do for noti ces and whatnot. but that means th at noth111g \\Ould be available until Friday the 14•• for our Monday meeting. I will not be here. but I am saying 1f "e "ant 10 get this done. It will not be in the packet. either. Mayor Bradshaw said it would ha ve to be a separate delivery. Council Member Garren said it is just that we have timing issues . Council Member Grazulis said there are several other thing s going on for several of us to attend on 1h e night of the 13"'. Mayor Bradshaw asked what C ouncil's pleasure "as al thi s po 1n1 . Council Member Yurchick sa id hi s concern wa s that tf we put th1 o ff for th1n y days and tl1 ey do not agree. and we still do not ha ve a leash Ja w. and ti 1s another 1xt y days before th ey agre e . o r nmet y day or I 0 days. Mayor Bradshaw said let's just vote . We need a motton . Council Member Garren asked 1fthe idea wa s to do 1t all o n th e same mght , or do one and" tth1n tl11 ny days do the other one. Mayor Bradshaw asked 1f he wa s proposmg to dela y tht s unttl th e I 7"'. Mr. Ga rren atd yes . :vta yo r Bradshaw asked if that was the 171 • of December. Mr. Garren said no . 1f the y are gomg 1multaneo us ly . It would be January 7"'. Mayor Bradshaw said then we would stan the ne" year \\Ith both of them m place. because tt "ou ld not be in effect until February 7••. Council Member Garren said he would also recommend that the y put It on the Study ess,on fo r December 17"', when their recommendations are made . Council Member Yurchick asked what "o uld happen 1fthey do not reach an ag1eement on the I :;i• Counc il Member Garren said then we would need to make a dec1S1o n. Council Member Wolosyn said she felt she had made a bi g mi stake m to ss mg 11 o ut. because 1t sho uld ha ve go ne with us . We can 't always be shovmg tt off o n omeone el e , \\Care go mg to have to sa y tl11 s 1s ho" "e see tht . Mayor Bradshaw said the disconnect occurred when we had somethmg from Code Enforcement come to us and then we threw it back to Parks and Recreation. we never let those two boards meet. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO CONTINUE COUNCIL BILL NO. 36, ON SECOND READING, TO JAN UAR\' 7. 2001. Council Member Wolosyn said she was going to vote for expedience also. Just to acknowledge her own error. Vol~ results: Ayes: Nays: Council Members Moore, Garren. G raz ul is , Bradshaw Council Members Wolosyn, Yurchick • I • • • • Englewood City Council November 19, 2001 Page 13 Absent . The motion carried . . .. • • • Council \1ember ~abholz ... Mayor Bradshaw asked what that means to the people of Engle"ood at tlu s time . Ci ty Attorney Brotz m:in responded that n means we still have an under control la". not a leash law. (c) Resolutions and Motions There were no resolutions and motions. 12 . Gellffal Dlsc:ussioo (a) Mayors C hoice (i) Mayor Bradshaw said the JOb of m:i yor 1s a team effon. no t JUSI o ne pe r on am one-seventh of the Council and we all need to work together . he thanked ouncil for the honor (b) Council Members' Choice (i) Council Member Grazuh I. She asked about businesses on South Broadway that ha\'e not Jo med the Eng le " ood C hamber of Conuncrce. When they get ready for a grand openmg. 1 there an )one from the C it y that a1 least goes and acknowledges that they are open. as a good will gesture . hke a Welco me Wa gon type 1h1ng ·• The C ha 111be1 makes it a really nice thing for its members. On outh Broad"ay I see a 101 of grand openmg signs a nd I don 't hear a thing about it if they have not JOmed the hamber. she sa id . Director Simpson responded from the audience 1ha1 the) are u ually no t aware of the exact times and we . a a City. have not done anything . Council Member Grazulis asked if he would hke her to let him know 1f she hears abo ut anythmg . because there are a couple coming up this week. Mr. Simpson said he "ould lo\'e to know about them so we can send a letter of congratulations. 2 . She said she went to Kman ·s grand opening on Saturda y and yo u could not find a place to park . Mayor Bradshaw said she was there at 7 :20 a .m .. "'th the Littleton 1-1,gh School band ms1de Kman. (ii) Council Member Wolosyn I . She offered congratulations to the newl y elected and re -elected Council members. She said she 1s looking forward to the next two years . 2. She said the repon Sue Eaton wrote on the retiree health insurance was very thorough and he really appreciated all the detail. (iii) Council Member Garren I . He thanked everyone for lening him serve as mayor pro tern . He said he would try to do hi s best m that capacity. • I • 0 • • -• Englewood City Council November 19, 2001 Page 14 i •._. ,..-- • .. • • ' 2. He said sometimes it is a question of semantics. He docs not feel that Council shoves things to citizen committees. But Parks and Recreation is ,·ery scnsnive about what we do as a Council that affects them. and so I like to overly protect them sometimes to be sure the y have mput. Council Member Wolosyn said that is good. and she thinks that ,s what we should use lia isons for . ***** Mayor Bradshaw said she did not know if anyone had received the pre ss release saying .. Englewood Shine s with the Spirit of Who-ville." That will be December 1", and kids bring toys for the Toys for Tots. They can have their picture taken in front of a replica of a Who-ville set from the movie . So there are bi g thin gs happening at CityCcntcr on Saturday. December I" and Sunday. December 2"d. she said. 13 . City Mana1er·s Repon (a) City Manager Sears said the o nl y thmg he had was abo ut th e holiday fe uvme . He sa,d it will be pretty exciting and staff has worked very hard m pun mg thi s together. He expres sed apprec1a11on to everyone who stepped forward on 1t , es peciall y with the traffic issues that are going to be gomg o n 1ha1 weekend. (b) City Manager Sears thanked Council for working with staff regard ing the retreat . He felt it would be positive. He said he would be working with Carl Neu to get things organized. As a sta ff "e appreciate Council, and we arc looking forward to the new Council. We are here to serve yo u. as we ha ve done in the past. We know that directions will change and we will be ready to meet those ne" c halle nge s . 14 . City Attorne,··1 Repon (a ) City Attorney Brotzman offered congratulauons to the new ma yor and ma yor pro tem. and promised not to call Council Member Moore the new guy . • * •• * Council Member Garrett said he and City Manager Sears were going to Frisco. Colorado ne xt Tuesday to talk about dc,·clopment and the Wal-Mart issues, which we also have had. 15 . Adjournment MAYOR BRADSHAW MOVED TO ADJOURN . The meetin g adJoumed at 9 : 16 p.m . • . • ~ .. I • 0 e t • 1. ., 3. ... tl. • .•. • -" AGEND A FOR THE REGULAR MEETI N G OF THE EN GLEWOOD CITY COU N CIL MONDAY, NOVEMBER 19, 2001 7:30 P.M. Eng le'.\·ood C i\ 1c Center Council Chambers 000 Engle'.V ood P.:irk\\ .J\ Englewo o d, CO 30 I I 0 C all to o rder. 17 u /-£" fr7Y7 -Jiuur 1.io' l 11 vocat1 o n . Pledge oi llegian .~ Ro ll C.J II. 0 piw-iF (;J~~) 1111u t es . .. a. ,\.l1nu t es 'ro m the meet 111 o Reoul.:ir C t\ Council \. ee tln<;; JI '.O\ "m er 5, ~()01 . Sch edu led Visit o rs. (Please limit vour p r esentat1c11 to ten m111u t e . Sc o tt \.\c Cl u rkin \\ill be p rese n t to uddres~ Cnv Council regarding C o unc:I 81\1 'so Jo, pe rtai nin g to pets . ns ch ed u led V isi t ors . !Pleasoe li mi t vo ur presen tati o n to ·i\e minutes., 6'/U,(;__,~~v-~~om~ &~ .l ,~r.,,,~ 1' CJ..o mmun1cJ.t i ons . Pr ocla man o ns . .:ind ppc 111cmems. "~-:;, /.i 'V Le tter ·ro m Sha nn on O 'L<':af\ ndiotinq 1e r re.11:mau c n ·rom :I e ::ngie•.,oou P· die ',J-Lib rarv Board. ,i iPr {)J, o. C J mmems b\ the ::leo.:irtin'5 \.\J\'Cr -.;m Bur s . -• c. 'l.\a\or .viii ·s :he C:t\ Cerk '.o re.10 ·he ist ,i •1e'\l\--:!P<..:ea Ct\ 1.::.)ll n d · 1 ... :nt).-rs. ·.\110 •viii then be ,\\C rn n JJ\ •he -o nu r;:; IP\ incen .>.tenc 10. Pl ease not e : If vou have .1 d isabilitv .m d need .. u xiiial'\' .uds or ,el'\·1ces, lease 11011iv t he Ci1v 1>1 Em;iew o uc i 130 '.l -;'(,2-l40 5 l .11 least .!II hours in .,ovanci, '" w hPn ,el'\•1ces .ire nPe deri. TI ,a nk vou . • I • C, • • Engle•.vood 1t C •un c1 I •\(l"nda ,,)ve mber l ·:J ~('IJ 1 Pag~ ~ r . ,,--· • .. • - d. ,, \embe rs o f Ci t:v Council are seated in temporaf\ spaces and the \ la, o r Pro T em .1sl.., . :.Jfv the Cit" Cl erk to call the roll 01 the members oi the Cit\ C o uncil and the \ \a, or Pro ~: ::: i:'.::::::::,:::C:::::::::,:·:::~:::::::;::,d :~~:::: :.~'~,m ood , o,e, ~ rn1 ar e taken. U? g . Perm anen t seJt1ng assignmen ts are gl\ en. iµ)!'l:1t , h. s<okeo o,app,eda,o"'"" be ''"" 10 depart,o, '"' cc To m Bom, ~< :::;::::,,:~amil;.:;; :,"';' ;·;;':: o, Cih ;;:;~J -' ~!/\~ r r /()...w,, :z;,:!: fiw_~ fr{p,.. O 9. Pu blic Heanng (. o ne sch duled) t<.J~,;1:,,r-'\ ~ / j5,M.UUJ4(~ • 1 , 10. Con ent Agenda. c~-1v~~ a . -'.ppro al <)1 Or inance, o n First Rea ing. iii. C ouncil Bill '\.o 75 · Recommendation rro m he Finance and -\rlm1n1~1r 11-." Sef\ ices 0Ppar ment to adopt bill e r an o rdinance appro, 1ng 1 ne>., C o rpor te Cit\ SeJI. STAFF SOURCE: Frank Grv glewia. Director o f Finance and Administratne Services ,md loucrishia A. Ellis . Citv Clerk. Cound 8111 01 0. 76 · Recommendation rr o m the l tilities C)epar ment o Jrloot bill o r an o rdinance appro, 111g a Ci tv Ditch License Agreement ro r s:oo -. Presc o tt. STAFF SOURCE : Stewart H. Fonda, Director oi Utilities. C o uncil Bill '-'o. i i · Rec o mmendation from he Departm ent 0 1 Sa 1et, Ser, ices to adop t a bill fo r an o rd inan ce J utho r1z1ng .:icc:pta nce ot a \tict,m ;s1stance Law Enio rcemen t Grant. STAFF SOURCE: Chris Olson, Director of Saiety Services. b. pp ro,al o r Ordinan ces o n Second Read in g. ,. Ii. di. Council Srll "-o. 65, aooro,1n~ -,.,o EJsement -\_r e~ments ,rnd Q11 1t •:: 1m Deed ro m C:ntenrnal ·.v.:.ter .rnd San11at1on :J1smc: . Council Sill 'Jo. -, . ap p rO\ 111g ,\\ o L.c:nse -\c;r;,ements Jn t'.\ o -cm p c ran Construcnon 15ree men1s ,ro m C:ntenn1a1 '.\ il ter 111 J ~a nnan o n Di,mc:. C.Jund 8111 '-!o. -: . .1opro, 111~ ~,J th !pte Supole1 11::m =13 l P!e.ise ~uh,: If vou have ., ,lisabilitv .1nd need .1ux1iiarv .uds ur sen·ices. 11iease nu1iiv the c;1v 0 1 En,:lewoml , !03-7'12-2.W,;) .,t leasl ~ll hours in .icn•ance ,,; wnen , .. n •1ces .ire ne.,ded. f hank vuu. .. • I I • • ... • - En<(lewocd Citv Council -\genda .',01,ember I ~ • .c OOl Page 3 Council Bill , o. -3, app rO\ ing an lntergO\ "'rnmep al -\greemen ,, 1th • e Colorado Department o r Transportation appro, mg the L.m En u rce1T'ent Assistance Fund (LEAF co ntract ior DLI deteL:ion Jnd en o rcement. c. Resolutions and ,\ loti o ns. I I. Regu la r A ge nda. a. App rova l o f O rdinances o n First Re ading. i. C o uncil Sill N o. ;--I -Re co n11 ""ndat1011 ;rnm t 1 Commun, De\ e!opment O~.Jf\~ Department to adopt a bill ;or ::rn o r inance .:i pro, 1ng Jn lntergo, ernmentJI •• )~-:_ Ir-Agreement ,, ith the C olorado Depa mP1 t 01 l0cc1I .-\rtarr JC~ fl:__1.l'f'\ tJII funding ior a Smart GrO\\ h Housrn~ tud, T . .\FF SO RC : Mark Graham , , ~~ ,0 Senior Planner. • 1 :. I J, C. ii. C o un cil Sill No. ;-3 -Recommen atron 1ro m the! Depar ment 01 Fi n ance .:in Admin rstrati, e Ser\ ice to dept J brll 1or n emer enC'. o r rnan ce au~~ ~ b nds ior PJrl..s 111d Re c reJtr o n pro1ect . STAFF SOU~ ~,rector of Finance and Administrati\'e Services . I. C o uncrl 81il "o. 36, amending Titl e -, Chapter I o r the Engle1, ood ,v\unrcrpal Code pertaining to d ogs and ca ts (as a m ended \. ()/ Ail. . ~-~$ Resolu t ions nd v\ot1ons. fJ_osf;xrtr-R-~ ~ General D1scuss1on. ~ l -7-0~ ~4-:J- (~-~ I .l. \\avo r's C 101 ce . 0. Council ,\.\embers' Choice. Cl\ \anage r s eDOrt. C. tto, ne'. s ReDort. !'lease nol e : If vou have .i ,li sabiiitv and need .iuxiliarv Jids u r services. please notiiv the Ci tv ,,i En,:le~o mi I.!0 3-7(,:l·l-'05\ .11 leasl ~ hours in .idvan ce ,,i when services .ire needed. Thank ,,ou . • • l I • • • • ,,.. .. • , ~-~· ... .. • - Engle\\'ood Cit, Coun ci l Ag enda '-member I . cOO I Page .i • dj o urnment. 9:/&, F The iollowing minutes were transm itted to C itv Cou ncil bet\, een N o, ember 2 and 1 5. 2001: Englewood Fireiighre rs Pensio n Boa rd meetrng o i ..\pril 1 ::!. 200 1 Englewood Cultu ral . ..\rt s C o mm1ss1on m eetr n° OT October 3 , 200 I Engle wood Pu bli c Librarv Board meeting O T October 9, ::'00 I ~n,,lewood Park s and Recreation Comm ission meeting OT October I I. 2001 Englewood C o de Enro rce men t Ad, rsof\, C ommi ttee o r October I ,, 2001 Englewood Liq u o r Licens 111 g uth o nrv ,\,\ee ting OT Octo ber I -, .:'001 !'leo1 se n111e : If vou haw .i tlisabilih• ,ind need .1u•iliarv .mis "' <en ices , 11iease nuriiv the Ci tv oi En,;lewood .:O J--r.2-2 ~051 .11 least .UI hours in .1dvan,:c ,,i when ~ervices are nl'eded. Thanl. vou . • ., I • - • • • • . . • • .. ENGLEWOOD C IT\' O L'.\C IL El'iGLEWOOD. ARAPAHOE co c:-.n·. COLOR-\DO I . C all to Order Regular Sess ion '.\'o ,·e mbe r S. 2001 The regu la r mee tt ng of t he Engkwood C u, oun ctl was cal k d to o rde r by \lay o r Bums at -:-1 3 p.m. Ma yor Bum s thanked everyo ne fo r waumg. 1. lm·ocation The mvo auon was g iven by '.\1ayor Bums . Pledge of Allegiance The Pled!_!e o f Alleg,ance \\JS led b) \.la ,or Burn J Roll C :111 Present : Abse nt : A quorum was p resent . Also present : '.\1inutes Co uncil \1embers ra zul!s, Garrett . Brad,ha". \\'o los ~1t. Burn, Co uncil '.\!ember :S:abh o lz . Yurch ,ck C 11y :Vl a na ger ear C 1t y Att om.-Brotzman It) !erk Ellis Deputy It) !erk \\ hue (a) COUN CIL \'IE:\IB[R WOLOSY" '.\10 \i ED. A.'"D IT WA S S ECO NDED. TO Sa APPROVE TH[ '.\11 NU T[S OF TH[ REG (.;LAR CITY CO L '.'i C IL MEETL"G OF OCTOBER 15. 2001. A yes : Nays : Absent: \louon earned . Co un cil Members G arrett . Brads haw. Wolosyn . razuils. Bums No ne Co uncil Members :S:abholz. Yurch1ck • ,r * •• \1ayo r Bums noted that we have two scheduled v1s1tors 10 111 gh 1 "ho are here 10 addre, Cuunc il ,in the leash law and the number of ammals . We have an announcement we would like to make. he aid . somethmg we disc ussed at Study Session about so me addmonal acconunodauons for folks "ho hke 10 train 1he1r dogs off-leash. I am going 10 defer to Council Member Dou g GJrrett. who ha s discussed this wuh the Parks and Recreau o n Depanmem . Counc il :>.!ember G arrett said he has had several e-mails and he ha s 1alked 10 a cou ple o f people and one n f 1he1r ,on ems" 1th the le g1sla11o n. as curre nt ly drafted . 1s t hat dog l'ould have 10 be on a lea s h at Jl111mes . \\ e ha,e heard tiom J lot uf dog O \\ ners who \\Ould like 10 ha , e the ab1h t). JI least Ju11 ng ,ome h m 1te d .. • I • • • • Engle wood C il y Coundl :Xo ,e 111 ber 5. 200 1 Page 2 ... .,,-. • • - ume . 10 ha,e th eir dog off-leash for either recrea tion. tra,mng o r whatnm. ·o \\hat we are propos rn g 1s to ma ·ea mod1fi ·a11on to the ordinance tlu e,·enmg that "111 allow the Park s and Recreauon Co mm1 ss1on to come up with a pilot program. \\'hat we env1 1011. he said. 1 that there wi ll be s ome 11111e in the mommg and some ume in the e\'emng where you ould take your dog to a park. off-le ash. but th ey \\Ould 11 1! ha,·e 10 be under control. :-;01 on the s idewalks . but in the parks. The Parks and Recreati on Comm1 s1on ca n help defi ne that. he said . That 1s "hat we "~II be proposing this e,·emng. later in this session. and \\e "111 tum it o,· r to Parks and Recreation Commission to help tailor that pil ot program . \\'e will probabl , do 11 for about a ,ear. he sa id. and ee how it works in tr yin g to ac commodate e\'Cr yboct y·s needs. I am also o n the P rk, Jnd Rec rea11on Co mm1>s1on. he sai d. and 11) ou ha, e 111 ) partic ular conunents o n tha t. pk,,c (e el free to call me or e-mail me about your issue and I "'II be glad o co n,·ev them to the Co mm,s ion A lso. yo u can contact Jerrell Black. the Director of Parks and Re creation directly. We will be glad 10 wkc yo ur issues and oncems under advisement. he said . I know some of yo u arc here to talk about tha t very ,s ·uc Council '.\!e mber Brad haw noted that that does11 ·1 preclude an)one from ,pea ·mg . 6. Sc hedul ed Visi tors (a) Laune Roulston said. u1 heu ofCoun 11 '.\!embe r G arren· ,·omment,. 1 am changrng 111) prepared s peech . Thank you a ll ·o mu ch for be111g se nSll!\'e to all members f he En);le"ood .:o mmunn, I real!~ feel tlw ll\, d ,d nm Jddress the ne eds ot'all peo ple . JU,t J ,enam le" I J b<> \\OulJ It e t'o 1 ,ou 10 co n,1der a few thmgs ma yb e yo u ha\'en·t \'e t I am a tea cher at Engle\\ood High . cho,11. she ,aid. Jnd 111 ord er to grJduate , semor s ha\·e to show ·o man ) ho ur uf omi11u111t y ser\ 1cc:. m.· of the 1tcnb that m1 gh1 be co ns idered ,s having a C areer Pathwa ys. m which peo ple w ho are interested m conm1u111t y affair s ·an become familiar wnh how laws become enacted. I kno" that most of my students are , ery intereste d 111 the out come of tl11s ordinance. as they all own pet and the y have now become ,mere ted 111 ho" o rdinance s be ome laws :n their 0 \\11 conm1unn y. I Jm really plea sed that you ha, e ackt10" !edged how certam dog, requ ire more exercise than they can ge t in a backyard. From a teac hers perspect1, e. he said. I Jpprec 1a1e you pro motin g the posmve of the good. well-behaved. responsib le pe t owners that take the dogs out and let them mell , let them mteract "1th peo ple . let the people socialize and let the dogs soetahze . \Is Roul ton s tated that tl11s al o prommes good. re ponstble cmzensh,p . I thmk amrnal s are a \\J) "e can co 1mec1 "1th the "orld "e II\ e in . he said. and student ha, e defi 1111e ly con nected "1th tlm ordmance ,nd I am glad to see 1h1s change She th ank ed Council '.\la yo r Bums thanked \1 s. Roulston . (b l Jane Coleman said I am al so about to tear up m y s peech. I appreciate yo ur co ns1derat1on of the off-leash issue . she said. and I do thmk Englewood needs a lea sh la" for the s idewal ks a nd the ,treet s 01 Engle\\OOd . I thmk that ,s a g iven . Ho"e' er. man y of Engle\\ood·s ,e111or crn zen, ha, e dog,. Englewood ,s a community o f semor mzens. I ha\'e so me facts here that sho" that people who 0 \\11 dogs ha, e le ss high blood press ure . ,t reduces anxiety and depression and it e\'en leads to a faster re co \'ery fr o m surg ery. o o wmng a dog or a pet 1s something that a semor c 1t1 zen o n a fi,ed mcome an en JOY a nd lo, e and !l 1> re all v !!OO d for evervbod\' Bein!! able to eo off-leash ma secured areJ. hke a park leads 10 )+J l"IJ.117::rn on ·b;t,,een semor.c11 1z~ns nd ;llows th; dogs to ..,oc13lJze It 1s J gPod thmg . -,he j :ltd . 11 I'.'! J1..1nJ fo r the conunu1111 y and for e \'eryo ne . I applaud yo u fo r hstenmg to our nee ds and feelmgs . Dogs are not onl y man ·s best fn end. the y are al so wo man 's best fnend . he thanked Coun 11. '.\layor Bums tha1lked :vis . Coleman. t:nsc he duled Vis itors (a) Tom '.\1a m n advised th at he lives next to Jason Park n Pnn eton Place and I am here to Jddress the dog iss ue . I am afraid that 1fthe park becomes an unleashed park "e w ill ha\'e an e igh t-a cre dead z one there . Nobody really uses the park except for oc er players and dog \\Jlkcrs. he sa ,d. so I • I • 0 • • • Englewootl C ity Council ;\'o ve mber 5. 200 I Page 3 • • - , . ... ,,ould be con e m ed tl 1at ,,e ,,o uld hJ\'C a ,ery la rge. unused area m the Ci t, .. .\no ther .:onarn ,,o tild be that now I ha \'e a dog I ha,e to e~er 1, With the p roposed Ja,, I wo ul d ha,·e to le a "e the C n y 10 d o 1h.11. unles '.\Ir. Garren· propo al 1s appro,ed J Jo,e that idea . he said T he first I heard o fn \\JS tlllS e,·e11111g '.\l a yo r Bum s a nd Coun ctl '.\!ember BraJs ha" not d that they had a lso J ust heard about It th,, e,enrng. '.\Ir .\l ani n said It i a \\Onderful ,de Jnd J rrul, appreciate Counc,J ,,.o rk1ng on that Counc,l '.\1c mber Garrett noted that he talked to harle \\'J nte earher toda,. '.\I r. \lart 1n ad, 1sed tha 1 \Ir \\·h ne 1s his roommate \Ir Garren Jdnsed that \I r \\.hne helped hnn \\Ork thro ugh th,-thi s Jtiernoon \Ir '.\l an,n s a,d '.\I r \\"J ute had olJ lum that he hJJ tal~<"d to \Jr \.JJrr<"ll lOd J , \Jr \IJrt111 ,a,d I du Jpprt"ClJk' V lll ..:On\ ~l.:,Jll011 \1 r. :vl amn ,a,d he , JU,t con,erned a, "e h J , to Je a,e the It) to J o our ,hoppmg. be cau,e of th e c losmg o f Ci nd erella C1t). ,,e on·1 hJ,e a big re,taurant base 111 th is tO\\n and 110\\ l ha ,e 10 le a ,e the City 10 walk my dog . En g le \\ood need to be able to offer their c n,zens a hfesl) le . He thanked Council \l ayo r Bums t ha nked '.\Ir. '.\l art m. (b ) Scott :0-1 C lmlan. 31i0 South Lafaye tte S tr ee t. sai d he ,s aga in st the leash Ja,,. l am one o f those few responsib le pet o wners wh o wa lk the ir dogs \\·1th o u1 a lea h. l a ll o " the m to µI J v wnh uthe, Jogs 111 th e parks. \\"e pla) ball and Fn,bee ,,nh o ur a 111mal On a hot ,ummer da, "" a llo" uu, Jn 1111J I, 10 cool the ms el ve s 111 the c reeks an d po nd , o f o ur parks . At no lime have l ,ee n o r heard ofJn)one lltac ked by a ny anima l dunng tlus li me ofres po n 1ble comrol ofthe1r J mmals . \I r \k !urk111 noted th.IL he was prese nt at the last II ) ouncil meet111g and he lis tened 10 the po,1 o fl kc mp lo )et's and \\C heJ1d ho rro r s to n es of dog attac ks and dog psychology. that the) a re ver~ temtona l. We heard abo ut dogs J lmu,1 gomg through doo rs and ,,mdo ws o f ho mes. \\'e ha ve dogsJ ump 111 g o,er fe nces and .;omrng arou11 d 10 anac k postal earners and l be he,ed the m . \\·e understand the po,ta l se1~1ce c a n 1mpo,e pe nJille, ,uch J s denying a n entire b lock their mail 1f the carrie rs tcel thre at ened . And the) can l3ut ha,e tht')' I do11 ·1 know. '.\1r. :VlcC lurkin po 111ted o ut tha t 111 no 111stance was there a ca e oi a mail can ,er o r an ) bod) dse be111g an ac ked w hi le a dog wa s be111 g \\a lked o r was bein g aJIO\\ed to play 111" park . 'o 1>n ·11h1s the rcJI probtem·> Do gs a t-large w11 h no v 1s1b le. re s ponsible o,,ner 111 s ieh l 1sn·11his the ,eal problem ' D011·1 "" ha \'e law to tha t effect'' \Vh) a ren·11ho,e IJ\\ enforced .111d the J lllmJ I p1,ked up Jnd the O\\nt·r tim· ' It you ca n ·t e n fo rce 1h 1s m mor la\\ and. of course , pardo n m) Jang J ~<". 1he d g poop IJ ,, Jnd ul co rnse. ~uu 1.."J 11·1 t:"nforcc: 1t. 1t 1~ k.rnJ uf ~df-puh1..111g hu\, J1 r: \\t.' ,dOrng h l t:nfut..:c tht !> J 1J ~OmJn h:J~h Ja ,,' :-:o w I kee p m, a mmal 111 the hou e "hen I am gone He ha a Ill It o l ;um pin g the ten ' ,, hen I Jm 1101 there. the re fo re negalln g mv re spon 1ble comrol of my dog. Fo r tho se oi us "hose d ogs J Wllp u , er the fe nce. go thro ugh th e fence. around the en e. perhaps Wllh their kno,dedge o r w11hou1 their kno" ledge. why 1s n ·1 that bemg ad d ressed ' Are "e go mg 10 ha,e a la,, tha t will require ba rbed ,nrc fen es. certam he ig ht s to ren es. guard to,,ers o r s pothght ' \\·ho knows·> Perha ps 111 conJunrno n w11h the po,1 o flice tha t problem c an be so hed . To guard dogs go mg thro ug h doors and wmdo"s . 1s the C 11 y go mg 10 require steel bars o n o ur w md o" ry l don ·1 ha,e the an "er to tha t. l have o ne mo re que 110 n J nd tateme nt . he a id . W hen d id we . the ·,u zens o fEngle\\OOd. all o r'a s ud de n beco me 1rrespons1bte·> I e!,e,e Che n ) Hills has the same type of ,e,pon 1b le dog control la w. Per ha ps the y are more re s ponsible than the ·1u z en, o f En glewood. he said. I don ·t kno " \·hen did th e co nce pt of pe r a nal res p o ns,bil n y end wnh regard to dogs at-l arge. \\Ith the . hoperu ll~. enfor ed ta,, al ready on the books·> I kno ,, I '"II prob~bl ) be J I the lo 111 g e nd o f 1h1s Jebate be a use "e ha, e lot of emollon here . ra ther than reason a nd thmJ..111 g . So I pro po ea compronuse. he sa id That the responsible. o r 1rrcs po ns 1ble. dog owne r that "a lk s his dog w11hou 1 a le ash. s hou ld at least carr) the leash "ah hun at JJl u mes . thereby sau sfym g all pa mes 111 1h1 s J , cus,1on. \\'11h that. I am go111g 10 ;o home and wat h the game and walk my dog 1rre s po n 1bly 1lu·ough tl1e alle)S hke l no rma ll y do. he said. so he ·a n ee lus dog buddies and ho peful!). ,.,hen l ,.,alk my o:,; Jt mg ht. 1rrespons1bly. I "111 be ble to ee th mes s he ma ~e s l do m~ best. That 1s anoth er pomt. I ca 1Ty bags w 11 h me fo r m · dog . \ly Jog I a double bagger and somet 11nes he 1s J m ple ba gger. But l do m) best. \\·e ha ,e a 10 1 ofapanm nt "h re I hw and pe o ple ha,e a Jut o f Jog 1ha1 co me 111 .111d o ut. he ,J1 J . Jnd \\hen they 011·1 ha ,·e a bag l hand them J bag It 1, ca lled se lf-p ohcmg The re 1, no c Ju,e to c1e a 1e • I • 0 • • • Englewood C ity Council '.\o,·cmber 5. 2001 Pa ge -t • • - .. .. ano ther o rdmJn e for something chat. hopefull y." e JI read,· ha \'e o n the book, o let u, enforce he (J\\ \\e hJ,e (f\\e cJn·1 do cha t. \\hy Jre "e e,en here'' He thanked Counci l. ~l a,or Bums t hanked ~I r :-lcClurk in. (c) Diane Theobald. 3 60 outh Sherman tree!. a id. as wnh the pre, 1ou gentleman. I would like to think I am a very responsible dog o wner. I mo,ed bJck to this area 1i ,e \eJr ago. fro m Billings. ~l ontana Jnd one o f the mos t excn ing thmg to me at thac 11me "as thac I could !Jke Ill) dog int o che pa rk . In B illin gs. dogs are noc Jllowed in che pa rk s. period. It 1s 4ues11o na bk J S to" he,her \ ou can e,·en walk yo ur dog down the sidewalk on the o uts1d e edge of che park. So. sh e sa id. 10 be lbk 10 go 111 10 the park w J s a wo nderful thing for me . I no lon ge r hJd to dn\'e so me whe re to e,erc1 e m v Jogs I-or me 1,1 be able 10 take my dog to a park , o ff the le J sh. t a wo nderfu l e xpenenc e . ~Is Theo bJld no1 ed hJt her Jog 1s l\\ehe years o ld and she doesn 't run a fter an ybod), cha se after anythmg . In fact s he goe ou1 oc'her \\J) to J\'0 1d o ther people Jnd dogs It 1s e ntenainmg to \\Jlk her and \\Jtch her go o ffche 1de\\alk and lro und. so thJt she doesn ·c ge t 100 close to 01her peo ple . I undcrscand that my dog and m) ,1rua110111 ,hi erent from a lot of people. But I "ould sull hope chat I "ould ·oncmue 10 ha,e che o p11 on of \\alk1ng her ,,ff che leash. l sa y tlu . because . ag ain . I am a re pon 1ble dog U\\ ner. s he ,a1J. and 1f I see ocher peopk neJ1 b, Jnd I thmk chere rrught be a prob lem. or e,e n 1f I don 't thmk cher 1> a problem buc the ) n11 gh1 be ll c'i e nJc b) m y dog emg off the lea,h. I put m) dog o n che lea h I do11 ·1 let he r run around and both er ot her people I no\\ yo u can ·t please e,erybod) at the ,ame 11me But. unc'orruna td,. I \\Ork J ,pl11,l11c't I "o rk earl) m the mo rning and 111 the e,e mngs. three 1.!a )s J \\eek. -o I lo ,e th e 1de J ofbemg Jble t cak ' my dog to a park off-lea h in the e,·emng E~cept. th ac doesn't help me three n1gh1s a \\eek . e,Juse I Jill ct ,., "rk 1h"'" ch ee 1ghh I hke hJ, mg che op porrun11, co be Jble o do ,omechmg hke hac ciunng the IJ, be ause tha t ,span o f che 11me I am home 11,e o ch er chm g I am co ncerned abouc 1s cite dog l11n11 . n,e th er da) I ,J\\ a ,ard thJt had cwo large greyhound m the back\Jrd Jnd. I thought. ch e y ha,e the t\\o-dug hrruc But I hJ,e bo een hou;e, \\here they hJ ,e thr ee or four ,mJJler dogs I ha,e 10 \\under. \\hJI 1, the re aso n io r hmmng pee s to t"o' If so meone 1s a res ponsible pet 0 \\11e r and .:an cake care o c'1he 1r pee,. ;he a td . I \\OUld 111 erely h ke to ,ee people be allo\\ed to have the ir O\\ll pets. as long JS che y are re pons,ble 0 \\11ers and their pets are 1101 bot herm g o cher s. She thanked o un 11. ~IJ)Or Bums thanked ~I s. Theobald. (d) Elizabeth Fry. 4327 South Ac oma Sneet, said she was nen·o us . but s he wJ s gomg o go fo r it because she (o\'eS her dogs so much. I want to tell Counci l that I IO\'C Enl!lewood I h , e I" ed here fo r 11 months and the thing I like the most are the people I have me t. I walk Ill)' dog. e\'eryday. 1w1 ea d a ) dunng rain . slee t. s no w o r hail. I hJ\·e a Labrado r remever. an o ld yellow lab. o, er 15 years old .\1 he park I have met To m and Jane and so many people. and all o i my neighbo r and I canno t behe, eh " friend ly, lov mg and canng the y are . I walk down the srree c "'tth thac dog. s he said. a nd a J.J.,eJr-,ild kid w ,11,a y hello. I ha ve met everyo ne III m y ne ig hbo rh ood m 11 months . I come fro m an area "hc1e I J1 J n 1 me et anyo ne the ent ire time I was there . I would like to tell you how mu ch I wo uld apprec1 a1 )Ol r recons 1derJ11on of allowmg us to allo" the dogs to pla) coge che r :-1y old dog acrua ll, pla,, "11h the e other dogs at the park and thac is the o nl) ttme he 1eall ) does 6et J chance to be o u!Slde -he chJnked Council. \la yo r Burns thanked \1s. Fry . e1 ( rol}n Dernn;ton -fJce . 2-9 South rmer,on treet. ,a 1J ,he lpp1ec1 ate, he JJ1u cmen Council suggeste d fo r the dogs m the parks I 1J11nk thac 1s J 6reat tdeJ Like o ne t' the pre, 10us ,pe al.er . I ha,e a li ttle con e m about 110 1 allo"mg people to ha,e their ogs off-l eJ,h. maybe for rra 111111g u r •,orl.111~ \\1th t h mm the mtddl o f the J a ) It nu,;ht be ometlnng that works bener fo r ,ome peop le \\llh 1he1r schedules. rather than o n ly earl) mornmg or lace e, enmg he ,ac d he had another 4ues!l o n. he J sked . 1f she underscood co rrect!\. tfthe number o fammal s 111.J1111a111ed at a household 1s o be t\\O CJI S o r t\\O dogs o r o nl y two. I don 't thmk I ha,·e Jn understand mg o f the number that will be allowed . • • I • 0 • • -• Englewood Ci ly Council November 5. 2001 Page 5 • • - City Anomey Brotzman Jd\lsed that tt 1> t"o :ab J nd \\O dog,. and 1fyou c urrent!,· ho,e tlu-ee . ,ou get to keep yo ur third until that dog is gone \l s. Demngton-Tote atd then It ts not tlu-ee ots and one dog or th ree dogs and one co t. n 1s 1,,0 Jnd t\\O Ma yor Bums said tt ,,ould be n,o and t\\O wtth 1111 ordman e . Ms . Dernngton-Tate sa id she has a oncem obout that as she has J co upl e ofogmg c ot s ond o ne 1s ~ I Ma yor Bums ass ured her 1ha1 ,,e ,,,ll not e lo ·mg through her \\lndow JI her house . '.\I Demngmn- Tate said she didn't think so. but that she m1gh1 gel another cat. so her pets ,,o,i!J be sd1usied 11 ,he \It"!'<~ 10 lo se one of her pets . l wa s 1ust con ·emed Of -our e . sh e aid . I don·1 \\Jill anyone lookm g mm, \\t11J,m but I :,ll\l Jon l \\JJH lu kcl th .1 1 I J m b 1i:.1,...111g. tilt' IJ \\ \t.1 :,u1 Bw1b ,..11 u h.: ~.111 Jpp1 c.:1 JlL' thJt \h Demngton-Tate thanked Council '.\l ayor Bums thanked '.\'I s . Dernngmn-Tate (f) Lu y Compoz. -<-< 0 o uth Penns yhama Street. said she needed a c lanficauon o n the barkmg o rdinanc e because she has some con ems he asked 1f It was "hen one ne ig hb o r compbm o r ,,hen 1wo neighbors co mp la in . I JUS I w med some lanficau o n ofth1 s. '.\l ayor Bums sa id he understands 1t has lO be l\\O C1tv .\tt ome,· Brot zm:m i:,plaint"d thJ . ~u rre-nth \OU nt"eJ ,, u 1e1ghb1}r". t,,o \."O mplJmin~ \\ tlllt'..,..,t'.., ode En fo r ement Officer .:anno1 be one oi' those "1tne e s ~Is. ompoz asked what happen \\hen yo u ha,e one neighbor \\ho co n tam!, co mpla111 \\ h,ch. ,he said. has been happening to me for three month 11,ere "construct! n next door 10 me. ,he said. as 1ha1 neighbor 1s adding a ne" le, el 10 !u s house and the 11e1,;hbor 10 he ,uuth of me ha omplamed co ntmuall y. Every t,,o \\eels ude Enfo r ement I Jt m) hou e tor m ) dog bark111g I 1ned 10 e~plam 10 them ab out the construct1un. tha t there are d1ffrrent men conung 111 '" er} 1,,0 ,,eek,. nee m) dog 1 comfo nable ,,11h a,, rker. he I fine I ,;o to speak to each co mpJm "hen I get home 1r o m " rk . ,he ,a1 J. and ask how ''°' m) dog Jnd th e , >3) he \\JS line But I ,llll i;et Code Enfor ement at my Joo1. e,er) 1,,0 weeks. be JU e the ne1 ghbur ca ll It 1, 10 the pu111t o i hJra ,ment lounc il \km er £31ad,h.1,, ,a,J )<> 11 IS . '.\Is . ompoz 1101ed 1h tunny thmg I hat no ,, that 1he ~o n,iru uon 1, J one 111 ) ne ig hb or 1> quiet I med 10 tell th Cude En1or.:eme111 ut ti,e1 10 take th, int o co n 1derauon. ,he ,J1d . O ne offi.:e r \\JS ,er) agreeable "tth me. the 01he1 uffi,et \\Js tut J IJ) against 11. and ,he ,a,d "that is yo ur re,pon,ib1h1y 10 keep 1!11s dog qu1e1 ·· She to ld me the og \\US barking ond II so unded hke a lo nely bark and I'm hke , what 1s a lonel y bark .' I \\Cnt 10 the extremes otgomg to my vet to address que snons that the ode Enfo rc ement oiti cer listed o mplamt . '.lly ,et a.nswered all my quesuons. I have documentation. she said. m y dog '.\largo has a lile that ts probabl y thicker than a ped1atnc1an·s file on a ch ild . It 1s sad. she said. and 11 ,s because of this one nei ghbor co mplammg and she has a lustorv o f omplamts prenous ly '.\ls . Cumpoz stated that her neigh bor told her.\\ hen she tirst bought her home t"o years ago. that II took her "two year 10 get nd o t the people ,, ho hved 111 tlus ho use before you. but I did n ."' That. she said. 1s what I am up agams t \l a yo r Bums asked 1f she wanted Council to solve 1h1s problem for her. '.\l s . Co mpoz sa id no. that ,he ,,ould JUSt hke clanticauon. Co1111c1! '.\lemba £3rad shJ\\ and '.\la)or Bums ,a,d 11 \\Ill take l\\O • ) I • 0 • • -• En glewood C it y Council No"e mbe r 5. 2001 Page 6 ,,.-. • • -' Ms. Compoz ,sked ,f the Code Enforceme nt officers kn o " the la". Council \I ember BradshJ\\ sa id n ght now ti on ly take s o ne co mp la 1111. bm "e are c hangmg ti so II mu,1 be rwo . So. \I C o mpoz SJ td. ti will be 1,•.o fro m th is po111 1 fo rward . City Anorne y Bro tz man sa id ,cru,ll y that is th e c urrent p ract ice fo r the Code En fo rce ment offi.:er . as "ell as Coun . Counc il Member Garren exp lained tha t she wo uld be in coun tf more people had comp!Jmed Coun c il Member Brad haw advised that Dave Lyn n was here tlu s e ve ning and he ,s m c harge of Code En fo rc e me nt . She as ked if \1r. Lynn had t ime to p eak to M s . Co mp oz. \,I r. Lynn 111 d1 ca1 ed he \\Ould Co un c il !\!ember Brads hJw thJnked M s. Compoz. ~b) or Burns s ta ted s he had J \'e ry legi tunate conc e rn an d Council l ppreci ates her d tffi c ul r). :-O l s. Co mpoz said s he ts no t gomg to move . She thanked Coun cil. Mayor Bu m s thanked M s. Comp oz. (g ) Jim V ite. 40 3 South Broadwa y, said he wa s JUSI conn ng up to han k \l1 GJrre t tor mak in g the stateme nt that the y w,11 wo rk wt1h us . I have t\\O dogs and I ha ,·e been gomg to JJ,on Park fo 1 th e las t seven years . Sometimes I go m th e mornin g . he a,d . but most o f the tim e I go 111 1he e , enm!_! I me t all ofmy friends. he ai d. all my ne ighbors s tttmg 111 tht ro " behmd me. becau,e 111, dog plJ)S \\Ith tlmr dogs. I fee l we are a ll re s po ns ibl e dog owner . and I know 1ha 1 "h,·n I go to th e park . nut ,ml , do I cle a n up a ft er my own dog. I try a nd keep the park ma1ma,ne d as fa r a p1 c kmg up 1ras h Jnd beer bo n k, ,, I \\J lk. I enJO} th is pa rk a nd I enJoy ti lt s ngh1 . he said. and I kno\\ m y d og are healthi er nd ha pp ier I kn o\\ II ts a good he alth ) atmosphere fo r my da ugh ter to go and pla y with he r dogs. he ,Jtd. J n<l I ha, e made many fn ends th ere. I am a lso fo r a le as h la". I ha ppen to !t ve on Broadwa y. he sai d. and I "ould hat e to see an 1rres pon tb le dog 0 "11er be a ble to wa lk 111, dog wu hout a leash do wn Broad\\a ) or one ot th e srree ts . But th e parks eem to be a !tnle bu different . es peciall y Jaso n P ark a ti I e n lo ed and J lot of pe ople use 11 and ti ,s km d of a soci a l atmos phe re . I "ou ld !t ke 10 thank o un 11. ,ery. "ery much. he a,d . fo r keep mg that ng ht a!t ve fo r us , because ti ,s somethmg we a ll e n Joy. \l a)O l Bum thanked \t r \'11 e \la }or Bums nmed that o un ctl has real!) heard fr o m a lo t o f reall ) res po n 1ble pet o "ner~ d ,mg th1> proces . A lot of you ha\'e tak en the lime to o me do wn to C u y Coun 11 and ta lk 10 us J bo ut this Tim has been \'Cry he lpful to Counci l, he ai d . because then we can re spond 10 your need,. I thmk you ha, e ,een tha t here to mght. But we really apprec ia te you r letters and yo ur e-mai!s and your mp ut You ha\'e been very good peopl e to dea l wuh. m my o pm1on. a nd th is has been a "ery o ns cru me process '.\layor Burns sta ted tha t Coun c il ho pes the y can me et all o f yo ur nee ds as mu ch as "e pos ,bl) can Communicati o ns. Proclamation s and A ppointme nt s (a ) A proc lamauon recogntz mg Co ll een Burke . Pres ident of the Engle\\ood Para de . .\ssoc 1a11 on. wa s co ns ide red. ~h yo r Bu rn aske d the ,ry C lerk 10 read the proclama 11on . T he pro lamau on "as re ad m 11, en11re 1, • I • 0 • • -• Englewood C i1y Council ~o,·ember 5. 2001 Page 7 , . . . ,,-. • • • CO (j'.'ICIL '.\IDIBER BRADS HAW '.\10\.ED. A~D IT\\',.\ ECO~DED. TO APPRO\'E A PROCLA.\IA TION R£COG~lZl~G COLLH~ Bl:RKE. PRE S IDE~T OF THE E~GLEWOOD PAR.ADE ..\SSOCIATIO:-.. Mo1ion carri ed. Ayes : ~ays . A b e nt : Coun 11 \!e mber · Garren. Brads haw . \\'o lo ~ n. GrJZulis. Bum, ~one Co uncil \!ember :\a bho lz. Yurch,ck :\fayo r Bums prese nted the proc lanuuon and roses to \ts . Burke . \'1a yo r Bums. on behalf of Cou ncil. expre sed the 11· a ppre c1a 11on to .\I s Burke Jnd he J,1,.ed t I a round ,,1 applause. \1ayo r Bums noted that everyo ne "ho anended the parade on ·amrda ) lillo\\, hat 1t "'I> ,u,ce.sful. ""II orgamzed and well recel\·ed . If an y of you ha,·e been uwo lved ma parade befo1e. he ,a ,d . )OU kmrn 1hJt organmng an even t ofth1 s ·1ze 1s no small feat. In the pat thre e ,ear \I, Burl,.e ha s \\Orl..ed ·.,nh (It) sta ff and ot her co mmunll ~ volume ers to coordmate th, para de and sh e ha, ne Jn ou1>1Jndm,; of> \\ e understan d that m L!t!le ton·s \\'estem We lco me \\·ee ·Parade.the ·ha1rman :;et> o n de .n he parJd~ m J fanc y convenible wnh a bouquet of roses . We JUS t put o ll een to work and "e ne, er kt up on her Dunng our parade. he said . Colle en wa s out m the trenches wnh the res t of the volunteer and "e .ire here to recogmze her hard work and co ngra tulat e her o n the JOb she has do ne . \\'e couldn ·t ·ome up \\Ith a co m ·emble for you olleen. he said. but "e ha, e g iven yo u the bou qu et ro,es Jnd a gill ceruliCJt~ JnJ 11 " a token o f our apprec iati on for a ll your ternfic effo rt s . Tha nk yo u so mu ch. he aid (b) A proclanuuon honoring co mmun11 y member an d 1ry empl o)ee Rich ard Burto I tor Im ded 1c a11on to th e community o f En g lewood was co nside red . !\1a yo r Bums asked the Ci ty C lerk to read the proclamauon Th e p1 ocl ama11 on \\3, re ad m 11 entuet, COL-~CIL '.\1DIBER BR..\DSHA W '.\-IOVED .. .\.'ID IT WAS ECO'\'DED. TO Al'PRO\'E ..\ PROCL..\.\IATION HO~ORJ~G CO'.\l'.\IV'IITV '.\IDIBER . .\.'ID nn DIPLOYH RI C HARD Bl'RTON FOR HIS DEDIC..\ TIO~ TO THE COl\1'.\ff~IT\' OF E~GLEWOOD. Ayes : S ays : Ab ent : \1ouo n carried Coun cil \!embers G arren . BraJsha". \\llo ~n. urazuh. Bums :\one oun ii \!ember :\abholz. Yur h1 k \1ayor Bums pre ented 1he proc lanu11on 10 \I r Bur o n \1a yor Bums, on behalf of o un 11. said he re all , \\Jnted 10 thank ,\I r Burto n H~ no 1e d hat R1 hard ha s bee n a tremendous asset to o u, co mmunny an d all the programs you have he ard us talk abou t. tha t \\ere mclu ded m the procl anu11 on. \\'e \\Jot o than hnn so much for e,·erythm g he ha s do ne m tht s communuy. he said. and I \\Ould h ke e,eryonc to gl\e !um a b tg round of applause. '.'vlr. Burt o n re ogmzed all the people m the aud,en e who support him. He stated tha t 11 tak e s all of them worki ng toge ther and th y are behmd him all the way To the race car owners. who ne,·er sa y no. m y famil y, my crew. \\h1ch I m y anul~. he aid . the y never mis a beat and I want to a y thank yo u . 9. Publk Hearing :-lo public heanng wa s he uled before C un 11 10 . C on!it'nt A11enda • I • 0 • • -------------------------,.,---~--- E ng le wood C it~· Co unl'il NO \'e mbc r 5. 2001 Pa ge 8 ' . •' • • • .. C O L":-iC IL '.\I D IB E R G ARRET T '.\10\'E O. A.'liO I T WAS SECO~OEO. TO AP PRO \'E C O NSE:-iT AGE :-iO ..\ ITD I 10 (a) (i). (ii ). (iii) and (i\'). 10 (b J (i). (ii). (iii ). (h ) and M A:\0 10 (c) (i). (ii ). (iii ). (h •). (\'). (,•i) a nd (v ii ). (a) Appro, al of Ordinance on First Reading (1\ CO L, I L BILL :S:O 65 . l~TRODL'CED 13Y COL,CIL \J E\113 ER GARRETT A B ILL FOR AN ORDNA'.'JCE ALTHORI Z NG THE CITY OF E>GLE\\'OOD. C L O R..\D TU E'.'JTER INTO TWO EASE'v!DiT AGREEME'.'JTS FOR \VA TER PIPELl:S:E EA 'E'.\I E"TS .\>0 r11 F ACCE PTANCE OF A QL'!T CLA l \1 DEED TER..\.I INA Tr:\G A:S: EXISTf>G EA:E\I E'\l L C..\ rI:D AT MCL ELLAN RESERVO I R. (ii) COL'"\'CIL BILL NO . I. 1:-.:TRODL'CED BY OL '"\'CIL \I E\IB ER GARRETT A B ILL FOR A:,./ ORDf>A:-.:CE ACTHORJZ!i\G THE CITY OF E:--GLE\\'OOD . COLOR .\D TO ENTE R 11\TO TWO LICE'.'iSE AGREEMENTS AND TWO TEMPORARY O:S: TRL' Tl '\ EASE:VI E. TS LOCATED '.'>'EAR THE NTERSECTION OF SOCTH A:S:T A FE A:S:I DAD I AR K GL'LCH IN AR...\PAHOE COL:ffY. COLOR...\DO BETWEE1' CE:\TE:S.'"\'LAL \\'A rl·R . .\. D S . .\, lTATIO:-.: DISTR I AND THE !TY. (in) COL'"NCIL BILL :\0 2. l~TRODC CED 13Y COL . C I L \llc'.\1 13f·R GARRETT A B I LL FOR A.'\ ORD IC"A:S:CE AP PROVNG SL'PPLE'.\1E'.'/T S.:0 . 151 TO TH I: 'OLTI I .\ rI· A:-.:lTATI O'\ DI TRICT 0 :S.'"\'E CTO R ·-AG REE\IE:-.:T FOR THE IC\' LL' 10 :S. OF L.\ 'D \\ I fHI THE DI TRI T BOL fO.\RJE (I\) OL .. IL BILL :-.:O . '3. INTROl)t,; ED BY COC.. IL \1E'.\113ER GARRETT .\ BILL FOR A:S: ORDI:-.:A:S:CE APPRO \'l:S:G A:-.: l~TERGOVERNME:\TAL co :-.:TRA CT BEl \\'1:1::S. T HE TATE OF CO LORADO AND T H E C ITY OF E'.'JGLEWOOD . COLORADO. REL.\TI:--:G TO THE LA\\' E:-.:FORCEME. T ASSISTANCE FL'";\D (LEAF) PROGRAM . (b) Approval of Ordinances on Seco nd Reading (1) ORD l"'.'IANCE :S:0 . 61 , SERIES OF 2001 (COL . C IL 131LL :S.0 . 62. 1:-.:TROD L'C ED BY COL'"'.'/C I L \1E'.\1BER GARRETT) A:si ORDfNANCE APPROVI"NG AN ENCROACH:VIENT PER.\•IIT AND l?s:DE\IN!TY . .\ REE \11::S.l PERTAl"N f:,.IG TO A RET AIN!i\G WALL l"'.'J THE PCBLI C RJG HT-OF-WA Y. {n) ORD INANCE NO . 62. SERIE OF 2001 (COL>! IL BILL '\O 6-. INTROD 'CE D BY COL'NCIL \1E\IBER GARRETT) A:,./ ORDI":siANCE FIXl"NG THE TA X LEVY fN M I LLS L PO~ EA H DOLL\R O F T HE .\S SE. ED VALUA TIO:-.! OF ALL TAXABLE PROPERTY \VITHf> THE CITY OF E'-GL E\\'OOD. O LOR...\D O . • • I I • 0 ] • • -• • "\,., • - Englewood Ci ty Council Nove mbe r 5. 2001 Page 9 (iii) ORDINA:\CE :\0. 63 . ERJE ' OF 200 1 COLC'C IL BILL \'O. 6 . INTROD CED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ADOPTI:'oiG THE BL'DGET OF THE !TY OF ENGLE\\"OOD. CO L ORADO . FOR T HE FI SCAL YEAR 2002 . (iv) ORD!\:A:\CE :\0 . 6~. ERJE OF 100 1 ( OLC'C ll Bill NO 69. l]';TRODUCED BY COU"'.\'CIL MEMBER GARRETT) AN ORD I NANCE APPROPRlATl"'.\'G MONIES FOR ALL \I L"! IP .'\L PL.RP O ES IN THE CIT Y O F ENGLEWOO D. CO LORAD O. l?',i THE FISCAL YEAR BE Gl-:0-'"Nl:--:G JA :\L'AR Y I. 100 2. A\'D END l};G DECEMBER 3 1. 1002. CO :\STITLTIN G WHAT I TER.\I ED T HE A:--:S L \L APPROPRJATION BILL FOR THE FISCAL YEAR 2002 . (v) ORDINANCE :\0. 65. SERI ES OF 1001 (COL""NCIL BILL :\0. 70. INTROD UCE D BY COL , C!L .'v!EMBER GARRETT) AN ORD!NA 1 CE AME:\DING TITLE 1, OF THEE:\ LEWOOD \1 L"IC IPAL CO DE 2000 BY TH I· ADD ITION OF A NEW CHAPTER 12. EST AIJLISHJ;-.; A TRA:'\' PORTA T IO:\ A D\"ISOR Y COl\l\1 I TTEE FOR THE CITY OF E:,.;GLEW OO D. OL OR..\DO. ( c) Re so luuon and \lo uo ns (1) RE OLCTION :'\'O . 77 , 'ERIES OF 1001 A RESOLUTION AuTHORJ ZfXG THE E'.\:GLEWOOO P 'BLIC LIBRARY TO IMPLEM ENT THE ANNUAL '"FOOD FO R FlNEs·· PR OGRA\1 FROM :'\'OVE\1BER 19.1001 THROL:G H DE E\IBER 14 , 2001. (i1) RESOLLlTION NO . 7 . SERIE OF 2001 A RE OLUTION APPROVISG CO MP E\'SATIO!'i PL.ANS FOR \IA:--:AG RIA L. L"PER\'I ' RY . CONF IDE:s/TIAL AND PART-Tll\lE E\1PLOYEE OF T HE CITY OF E:\GLE\1 ·0 D FOR I HI: YEAR 2002 . HOTEL. (iii ) SEWER TAP AGREEMENT WITH EXTEXDED TAY AMER! A\' (iv ) FIRE D I VIS ION . PURCHASE OF A 1500 AMER! A LAFRA:'\' E FIRE E:\G l :\E FOR T H E ( vJ CO NTRACT WITH SLATER-PAC LL & ASSOC IA TES FO R ARCHITE CTlJ RAL & E:'\'GINEERING SERV ICES RELATED TO TABILIZ A T I ON OF THE THO\·!A SKERRITT HOL'SE . ( v1 I ADDENDL".'vf TO THE CL'RRE:\T PROFE SIONAL ER VICES CONSCL TING AGREE.\1DIT WITH DELOITTE & TO CC HE REL..\ TED TO PROJECT 18 1 APPEALS . ( vii) DECLARE TWO V A .'\NCIE ON T HE BOARD OF ADJU TME:\T A\D Vo te results : Ayes : Counc il Members Ga rrett . Bradshaw. \Volo s yn. Grazulls. Bum . ' I • 0 • -• Englewood C ity Co uncil Non mb er 5. 2001 Page 10 . ays : Abse nt : \louon ca rrie d. 11. Regular Agenda ' . .. ~one • • -.. Council \!embers '-abholz. Yurcl11,k (a) Appro,·al of Ordinance s on Fi rst Reading There were no add1t1onal Items sub m111 ed fo r approval on tir st read mg . ee . .\genda Item IO· 011se111 Agenda .) (b) Appro va l ofO rd111an .:es on Second Read mg (i) Co un cil Bill :S:o . 36 . amendi ng Tule -. hapter I..\ of th e Engle"oo i \l um.:1pJ! ode penaming to dogs and cat s "'as co nsidered . CO V:\C IL \'!EMBER GARRETT MOVED .. .\..'ID IT WAS SECO:-.DED. TO APPRO\'E COl '.\( IL BILL ~0.36. C-O l . IL BILL '\O 36. f'TRODLCED BY COL>-'C IL :'vlE\IB ER Yl'R Ill K t, \RRI 11 A BILL FOR AN ORD f;\.A:S CE A:'vlE:S:-D I~G TITLE 7. CHAP TER IA. F THE 1-,t,I I \\ ()()[) \l l.,'S IC IPA L CO DE 2000. PERTA IS [);G TO DOGS A:S:D AT . COt:'."C IL MD1BER GARRETT \10\'ED. A:',D IT WA S SECO:-.DED. TO A.\IDD CO l ''("IL BILL NO. 36 8\' ADDl~G A NEW PARAGRAPH 8. t;N DER 7-IA-2 . WHI C H STATES TIU r PARAGRAPH A SHALL ~OT APPL\' TO PILOT PARK PROG RA.\I S Al'T HORIZED BY CO l ''."CIL RE SOLt:TIO:-.. o nc1! \!e mber GJrren e~plained tha t this will allow the Parks and Recreauon omnrn,s1011 10 lllJ e J re onm1endat1on 10 Co un cil for th e p1!01 program \\e discu ss ed earher m the 111eet111g t0mght \"ote re,ulh : \1ou n ca rri ed . .\~e :\3} Ab se nt. Co uncil ;\·!embers Garren. Bradsha\\. \\'olo yn. Grazuhs . Burn '.\'one Co uncil Members Nabholz. Yurcl11 ck COl ~CIL \ID18ER BRADSHAW \IOVED. AND IT WAS SEC O NDED . TO APPRO VE COl"~C IL BILL NO. 36 AS A.J\-IENDED. \louon .:amed A ye : :S:ays: Absent · Co uncil Mem bers Garre n . Bra dshaw. \\'olosyn. Grazuh s. Burn s '.\'one Council :'v!embers Nabhol z. Yurcht ck (11) Co un c1! 81 11 No. r . amending T ule 7. Chapter IA oithe Engle"ood \lu111 c1pal CoJe penaining to number o i ammal s maintained at a hou sehold or premises "as co nsidered COL'~CIL \1E\18ER WOLOSYN MOVED. Ai'I D IT WAS SEC O 'OED . TO APPROVE AGENDA ITE\I 11 (b) (ii)· COU~CIL BILL :-.o . 37 O N S ECON D READING. O RDI ~A:-.l ENO . 6. SE RIE S O F ~0 0 1 • ) I • 0 • • • Englewood C i1~· Co unci l Nove mbe r 5. 200 1 Page 1 1 • • • .-\:-,; O RD1:-SA;-.; E A:-t E:--:Dr.sG TITLE -, CHAPTER IA. OF THE E:S:GLEWOOD \,I L-:--:IC!P .\L ODE 2000 PERT.-\l]\:J:--;G TO THE :--;t;MBER OF ANIMALS MAfNTANED AT.-\ HOCSEHOLD O R PREMIS E ,·01e res ull s: A yes: Nay : Absem : M otion carried . Council \!embers Garrett. Bradshaw. \VoloS)ll. Grazuhs . Bum, 1'one Council \!embers Nabho lz. Yurch1ck (c) Re soluuons and \l o u ons There were no addiuonal re oluu on o r mouo ns subnutted for approval. (See .-\g~nda Item I O -Con,elll Agenda.) 12 . Ge ne ral Di scuss ion Ma yo r Bums noted they had Council Member ·s Choices dunng Study Sess ion . (a) Mayo r's Choice (1) \la yo r Bums s tated the election 1s 1omo rrow and "e wi sh the ou nc il c and 1da1e · \\ell and \\e '"II ce the re sult s of that elec1 1on tomorro w evemng (11 ) Mayor Bums sa id he had one 1h111g he wamed 10 personally note . TlllS 1s th e bs1 meeting \\here I \\Ill c ha1r the regular meeting ofC1 1y Co uncil. he sa id . as I am lerm limued . I \\Ill be leavmg t he oun 11 t\\O \\eeks alter the t:lecnon o n November 19'". We have a Stud y Session next \\Cek o n the 13•• and I hope to get there . I am havmg ome surgery this Friday and four da y later we ha ve a Council meetmg. o I am go mg to try to get there. he said. ,f I can make u . I hope that thi s 1s n t m y la,t 111ee1mg , but It nught be. \layo r Burn ·aid he \\anted 10 thank Gary ears . 1he staff a nd the department heads. I \\Ill be llt J n mg II o f you more person~ll) late r. he said . fo r the tremendous o pponun1ty I have had to \\Ork \\1th yo u u ,e r 1he past severa l years . I thmk. he aid. as! look at our staff and Gary. 1hat yo u have made tt reall y ~a,~ tur us You are 1he best people 10 \\·Ork with 1ha1 I have ever been aro und m my life and "e ha, ea grea 1 ,~ nerg~ gomg Mth thi s Council and wtth tins s taff. An awful lot of thmgs have happened and c hange d. I thmk . to r the better m E ng)e\\Olld m the past couple of years and It has been my pleas ure to pa m c 1pa te 111 all of tha 1 and this Counctl has been wo nderful to work wnh. We don·, auree all the ume. he said. but we d 1s.:uss and we respect each other and we resolve issues JUSt like we did he~ tomg ht with the dog and c a t o rd111 ance We vo te together and we \\Ork toget her as a unn and I tlunk that 1s vnall y 1111ponant a nd that makes m y Jo b easier as Ma yor. For all those reasons. he sai d . u ha s been my pleasure 10 sen·e a s \la yo r of the C1ty fo r the pas1 seven years and 1t ha s been m y pleasure to sen·e w 1th you a nd I thank you ,·cry much Yla yo r Burns recei ved a round o f ap p lause . Council \kmber W o losyn aid 1f 1h 1s 1s the last 11me yo u will be u p here. that I cannot le t 1t go" 11hou1 a y1ng 1hat we all have a 101 to live up to w1th 1he example \ o u hJ\ e et. because I thmk \ o u J re a ma yor "uh a 101 of d1g nuy and t:l egance . I ha,e al\\a ys felt great s1tt111 g u p here w tth yo u . s he said. and I thank you fo r this e xpenence . \layo r Burns ll1anked \t s. W o lo syn and said he appreciates 1hat. C o un cil ~lember Grazulis said she agrees. It has been an incred ib le cx penence workrng alongs id e yo u. s he said. bec ause I do remember you co nung to a park o nce o ver a t the school and m y hu s band and I had a disagreement w1th you and yo u were so calm. cool and colle c ted and I remembered that. So "hen I ,a me • I • 0 - • • • --------.,--------,------~~-------------- Englewood City Council No\lember 5. 2001 Page 12 • .. • - to work o n Coun ci l. she said . I j ust had the utmOst respect for the way that you handle yo urse lf" 1t h ever}1hmg that 1s pre se nted to you . Ma yo r Bums thanked her. Counci l :vlember Bradshaw said that it has been an honor and a privilege working with you. at the Hou mg Authority and here on Council and I ha ve learned a lot . thank yo u . Mayor Bums thanked her (b) Council Member's Choice There were no additional Council Member·s Choices. 13. City Manager's Report Ci ty :vlanager Sears did not ha ve any maners to bring before Council. 14 . City Attorney's Report (a) City Attorney Brotzman prese nted a request for a motion to senle the Amenca-\V es t Printing Corporation, Case o . 0 l CV I 651 . for $3 ,622 .50 . the full amount owed to the C it y. COUNCIL MEMBER GARRETT \tOVED. Ai'IID IT WAS SECONDED. TO APPROVE THE SETTLEMENT OF THE AMERICA-WEST PRl'.',TING CORPORATION. CASE '.'10. 01 CV I651. FOR $3,622.50. THE FULL AMOUNT OWED TO THE CITY. Co un c il Members arren. Brads ha w, Wolosyn . G ra zul is. Bums None Ayes : Nays: Absent : Council Member :S:abh olz. Ymchi k Morion carried . (b) City Attorney Brotzman stated to Ma yo r Bums that It ha s been an honor a nd a pnnlegt: to be s itting next to him. Mayor Bums thanked him and aid he appreciates that. 15 . Adjournment The me et in g adJoumed at .25 p .m . ' I • • 3 • • • • . '" • •• • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS NOVEMBER 19, 2001 .. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 . . I· - • • • t• • ~ .. .. .... To . Webmaster/City of EnglewoodOCOE -· • • - cc : Hank Long/City of Englewood@COE . ·Soniesmi1hers@cs.com· <Soniesmi1hers@cs.com> Sub,ec P1eaN Direct Letter to Englewood City Council Members t: Dear Members of City Council : Please let this e-maiUletter serve as a request to resign as a member of the Board of the Englewood Public Library . It is with much regret that I submit this, particularly after having been recently selected to continue my service on this Board for another few years. Much has changed in my life, particularly as relates to my employment. Most significantly , I am being asked to travel at least once monthly, and sometimes twice . As a single parent, this is becoming quite challenging . Compounding matters further, the trips have nearly almost always been scheduled in concert with the monthly Library Board meeting . I've reached a point where I realize I'm not effective in my level of service to the Board . More importantly, I believe that it is in the best intereltS of the Library to have another individual selected who can be more participatory . It is my hope that, should things change in terms of my employment, etc ., this early-resignation will not reflect poorly on my ability , to perhaps , serve the City of Englewood in the future . In other words , should an opportunity present itself, I would like to serve my community again . Thank you in advance for your consideration . Sincerely , Shannon M. O'Leary Shannon O'Leary WebMD 303-590-2726 soleary@webmd .net • .. • I 8a I· e • • • ORDINANCE NO ._ SERIES OF 2001 ---. • • - BY AUTHORITY A BILL FOR /DA-,· COUNCIL BILL NO. 75 INTRODUC~CIL MEMBER~~.,...,~~----- AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO CORPORATE CITY SEAL. WHEREAS, the City adopted a City Mark and Corporate Seal by the passage of Ordinance No. 27 , Series of 1971; and WHEREAS , the Corporate Seal for the City of Englewood , Colorado is currently the City Mark; and WHEREAS , the City Mark, as the Corporate Seal for the City is currently not effective and does not identify the City of Englewood , except by symbol: and WHEREAS , the current City Seal cannot be reproduced on a copy to show the document carries the Official Seal; and WHEREAS, the passage of this Ordinance will change the City Seal by the addition of "City of Englewood, Colorado" and ''Seal" added around the outside perimeter of the City Mark; 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 amends Title l , Chapter 9. Section 3, of the Englewood Municipal Code 2000 , to read as follows : 1-9-3: Corporate Seal. The corporate seal of the City shall be an impression of the City mark lri.tb "Citv of Env;lewood, Colorado" and "Seal" around the outside perimeter of the City Ma.ck as herembefore described . Section 2 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. • I - • ' I • 0 • • -• • I·• • • COUNCIL COMMUNICATION Date Agenda Item 'ovember 19, 2001 10 a i INffiAlIDBY STAFF SOURCE .. Subject Proposed Bill for an Ordinance adopting a new Corporate City Seal (Amendment t o EMC 2000 § 1-9-3) Finance and Administrative Services. Frank Gryglewicz, Director of Finance and Administrative Services City Clerk 's Office Loucrishia A. Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On September 7, 19 7 1 City Council passed Ordinance No. 2 , Series of 19 7 1, adopting a City Mark and Corporate Seal. City Council discussed this issue at Study Session on , ovember 5, 2001 and agreed to proceed with an ordinance making the recommended changes . RECOMMENDED ACTION The City Clerk's Office recommends C ity Council adopt. b ordinance, a new Co rpo rate City Seal , by adding, "CITY OF ENGLEWOOD, COLORADO" and "SEAL " around th e o utside p erim eter of th e City Mark. BACKGROUND, ANALYSIS AND ALlIRNATl\lfS IDENTIFIED The use of the City Mark, as the Corporate Seal fo r th e Ci ty, is n ot effecti ve . It is diffi ult to see , does not identi fy the C ity of Englewo od, exce pt b y sy mbol, and 1t ca nnot be rep ro duced o n a copy to sh mv that th e document ca rries the Official Seal. The recommended Corporate Seal incorporates the City Mark. W e are n o t suggesting that th e City Mark be c hanged, o nl y the seal which is embossed or stamped on all official documents. FINANCIAL IMPACT Estimated cos ts · Embossing tools : $1 25.00 each Rubber stamps : S 28.80 each LIST OF ATTACHMENTS Memorandum from Lou Ellis, City Clerk, dated February 3, 2000 Memorandum from Assistant City Attorney Nancy Reid, dated November 13, 2000 Propose d bill for an ordinance I • () • • -• • .. • • $ectjon 3 Effect of a:peal or mqdjfication The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits. proceedings, or prosecutions . Introduced, read in full , and passed on first reading on the 19th day of Nove mbe r . 2001. Published as a Bill for an Ordinance on the 23rd day of November, 200 1. , Ma yor 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 19th day of November, 2001. Loucrishia A. Ellis -2- • I • 0 • • • ORDINANCE NO ._ SERIES OF 2001 • • - JO°'--, , BY AUTHORITY COUNCIL BI,0. 76 INTRODUCE Y CO~IL MEMBER ~A AP0 A BILL FOR AN ORDINANCE AUTHORIZING A "CITY DIT CH LI CENSE AGREEMENT" FOR AN 18" STORM SEWER CROSSING OVER THE CITY OF E GLEWOOD'S RIGHT -OF- WAY FOR THE CITY DIT CH AT 5200 BLOCK OF SOUTH PRESCOTT STREET IN LITTLETON. COLORADO . BETWEEN THE CITY OF LITTLETON . CO LORADO Ai'IID THE CITY OF ENGLEWOOD , CO LORAD O. WHEREAS . the City of Littleton has r eq uested a City Ditch Li cense Agreement for the construction of an 18·· storm sewer across the City of Englewood's City Ditch Right- Of-Way in the 5200 bloc k of South Prescott Street in Littleton. Color ado ; and WHEREAS. unde r the City Ditch License Agreem ent m t h e eve nt the Cr ossing should mterfere with a ny future use of the Englewood's Right-Of-W ay by Englew oo d . the City of Littleton shall . upon r eque st and at its sole expense , relocate . rearrange. or remove its installat10ns so as not to interfere with a nd such use: a nd WHEREAS . under the City Ditch Li ce nse Agreement the City of Littleton is responsible for the mainte nance of the 18" Storm Sewer Cro ssing structure ; WHEREAS, the Englewood Water and Sewer Bo a rd re co mmended Co uncil a pproval of the ·'City Ditch License Agreement" for the co nstruction of the City of Littleton·s 18"' storm sewer crossing Englewood's City Ditch Right-Of-Wa y at its November 13 . :2001 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU~CIL OF THE CITY OF ENGLEWOOD , CO LORADO , AS FOLLOWS : Sectjon l. The "City Ditch License Agreement" to the City of Littleton fo r the co nstruction of an 18" storm sewe r crossi ng over the City of Englewood 's Right-Of-Way for the City Ditch a t the location of the 5200 block of South Presco tt Street m Littleton , Colorado, set forth in "Attachment l ", is he reby accepted and app roved by the City Council of the City of Englewood , Colorado . Sectjon 2. The Director of Utilities is a uthorized to execute the "City Ditch License Agreement" for a nd on behalf of the City of Englewood . Colo r ado . Introduced, read in full , and passed on first reading on the 19th day of November , 2001. -1- I • 0 • • -• Date N ovember 19, 200 1 • • -.. COUNCIL COMMUNICATION Agenda Item 10 a ii STAFF SOURCE Subject City D itch License Agr eemen t for 5200 S. Pres co tt INITIATED BY U tilities Department Stewart Fo n da . Di recto r of U t il ities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N one RECOMMENDED ACTION Th e Englew ood Water and Sewer Bo ard reco mmended Coun cil approva l at th ei r ove m ber 13. 2001 meetin g of th e City Ditch Li ce nse Agre em ent fro m th e City of Li ttle to n fo r 5200 S ?rescott St . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A license agreement w as subm itted b th e City of Li ttle to n fo r an 18 " pi ped st orm sewer crossing at the 5200 block of South Prescott Street at Li ttl eto n's Se" ice nter site. Li ttl eton is in stall ing cu r b, gu tt er and a ca tch bas in along Prescott. The 18" ca tch bas in p ip e w ill go under En glewood's Ci ty D itch an d int o to th eir exi stin g st orm system . The Lice nsee ex pressl y assum es full and strict lia b il ity for an~, and all da mages of everv na t u re t o pe rson o r prop erty cau se d b y th e p oi nt or p oints w here th e Licen see p erform s any wo rk in connection wi th the crossing provi ded by th e Li ce nsee . Th e City rese l'\•es th e rig ht t o m ake full use of th e pro p ertv ne essa ry in the op era tion of th e City D itch . The City re tai ns all rights to o p erate, main tain , install , r epair, rem ove or re loca ted any of its ' fac iliti es located wi th in th e City's ri ght-of-way . Englewood's City Attorney has reviewed th e li ce nse ag ree m ent. FINANCIAL IMPACT one . LIST OF ATTACHMENTS Ordinance Li c ens e A gree m ent • I • • • • I • ,, .. • - Published as a Bill for an Ordinance on the 23rd day of November, 2001. , 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 , introduce d . r ead in full, and passed on first reading on the 19th day of November , 2001. Loucris ru a A. Ellis -2- I • () • • • • -.. LICENSE AGREE:VlL'-ff 1lilS AGREE.'vlE'iT, made md entered into as of the dav of ___ _ ,2001, by and between the CITY OF ~'JGLEWOOD , a municipal corp~r:uion of Color:ido, hereinafter referred to JS "Englewood" and the City of Littleton. a municipal corporalion of Colorado. whose address is 2255 W . Berry Ave .. Littleton. Colorado 80165, hereinafter referred co JS "Licensee··. Wrr.-ll:SSETH : Englewood without any warranty of its title or interest whatsoever, hereby authorizes Licensee . its successors and :issigns. to install. repair and maintain a stonn sewer pipe xross Englewood's right-of-way for the City Ditch . described as a parcel of land situated in the '.'forthwest 1~ of Section 16. Township 5 South, Range 68 West of the 6111 Principal Meridian. County of Arapahoe . State of Color:ido. depicted upon Exhibit A llt:lehed hereto md made a pan hereof. l. Englewood shall have the right to maintain. install. repair . remove or re locate the City Ditch or JO Y other of its fa c :liues or installations within Eng lewood's Right· of-Way , at my ti me and 10 such manner JS Englewood deems necessary or convenient. Eng lewood reserves the .:xclusive nght to control all !:lSements md installations . In the event the storm sewer pipe should inte rfere with m y future use of Englewood's Right -of-Way by Englewood. the Licensee shall. upon request md lt its sole e:\pense. relocate . rearrange. or remove its installations so as to not interfere with any such use. 2. Any repair or :eplacement of JOY Englewood installations .nade necessary , in the opinion of Eng lewood's Direc tor of u tilities because or the construc ti on of the stonn sewer pipe or other appunenant installation :hereof. shall be made lt the sole e:\pense of the Licensee . 3. The rights and priv ileges gr:inted in this License shall be subJec t to prior agreements , licenses and/or gr:ints . recorded or unrecorded. md it shall be the Licensee · s sole responsibility to de termine the existence of said documents or conflicting uses or installations . 4. The Licensee assumes all responsibility of mainten:lllce of the stonn sewer pipe . s. It is expressly agreed that in case of Licensee's bre:ich of any of the within promises, Englewood may , at its option. have spec ific perfonn:lllce thereof. or sue for damages resulting from said bre:ich . 6. Upon abandcnment of my right or privilege herein granted, the right of Licensee to that extent shall terminate . • 0 A t t a C h m e n t 1 ) I • 0 ] --~-----------------?------------~-----------.,---- • • • ' ... ~. . • - 7. In granting the above Juthorization. Englewood rese:ves the right to make full use of the prope:-ty invol ved as may be nec:ssar-f or convenient in rhe operation of the water and irrigation ditch and sy stem under the control of Englewood. s. Any consttuction contemplated or performed under this License shall co mp ly with and conform to standards formulated by the Director of utilines of Englewood and suc!l co nstruction shall be performed :ind com pleted JCcording to the plans approved by Eng lewood. 9. The Licensee shall notify Englewood's Director of Ctilities at least three (3) days prior co the time of commencement of the consttuction of. or any repairs made to , Licensee's storm sewer pipe so that Englewood may , in its disc:ction. inspect such operations. 10. Within thirty (30) days from the date of commencement of construction of ,aid storm sewer pipe, the Licensee shall complete such co nstruc:ion. place md mainui.'l permanent, visible markers, of J type :md such and l1 suc:i loc:itions JS designated by Englewood's Direc:or of l"tilities . referring co the :ence -:in e of the installation :ind shall c!e:ir the crossing :ire:i of ill construc~1on debris md ~estore the are co its previous condition as ne:ir JS may be reasonab le. In the -!ve:it :he placing of the cenrer:ine !Illlrkers :md the cl earing and resroranon f the ;rossmg are:i is not completed within the time spedied. Eng iew oo d :n:i y co mp le:e :he work at the sole expense of the Licensee . l !. The sti pulation :md co ndit io ns of th.is License shall be incorpor:llCd ;nto conrr:ic: spec ifications if the construction herein authonzed is :o be don e J n 1 co nrnct basis . IN WID"'ESS "WHEREOF . chis insttument has been ~xec:ite:i JS oi th e J ay m d ye:ir ::rsc above wrinen . APPROVED : Stewart Fonda Director of Ctilirics APPROVED AS TO FORM : CHY OF E'iGLEWOOD . A .. :ing through :ind by its Water :ind Sewer Board C!airman LICENSEE : CrrY OF LITTLETON By: Susan Thornton, Mayor ) I • 0 • • -• • •. ,, .. ,. • -.. NW 1/4 SECflON 16 , TOWNSHIP 5 S OUTH, RANGE 68 WES T 6 Lh P M CITY OF ENGLEWO OD N PROPOSED STORM SEWER IASIS (JI 9£Ml1HG '"''"CJ11 .,,.. boNd on the "orth line -,f the "°'"' ... t ouort., of S.C tton 11 ""'9 Nlt'&J 'oo··•. EXHIBIT A ... , .. , W. BELL EVTEW A 1,£ N5J'o5·o•·w 25.ill!' s21~5·oo·w 0 .70' EXI STING OITCH CL£'1 &TIOH 96.00 PROFILE NO SCALE XIS TI NC TORM :iEWER NE 1/4 SE C 16 .---- ,:1rY o,ro , I EXISTING GROUNO I J ~VATION 10100 : ~ ~ 8 A~~-vi //-' :/d'~,<~ ~ fJ; I ~ I I • .., I· 0 ORDINANCE NO._ SERIES OF 2001 • • - BY AUTHORITY ABILL FOR . , /[)Ov / / COUNCIL BIINO&Jt77 INTRODUC!l. Y C MEMBER~,~~t:./1--1-~A'l,,a""-4-~ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the City of Englewood has prevtously applied a nd been granted VALE Grants for the years 1990 through 2001 ; a nd WHEREAS , the Victim/Witness Program in the Engl ewoo d ~1uruc1pal Co urt h a s served the victims of domestic viole nce ince I 990 ; NOW , THEREFORE , BE IT ORDAJNED BY THE C ITY OUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood . Colo ra do hereby authorizes the acceptance of the VALE Grant and accompanymg intergovernme ntal agree ment. a copy of which is marked as "Exhibit A'" and attached hereto. Section 2. The Mayor a nd the Director of Fmance/Admtru strat1ve Se rvices a re hereby authorized to sign said VALE Gra nt and acco mpanying intergovernmental agreement on behalf of the City of Englewood . Introduced . read in full . and passed on fir treading on the 19th day of November, 2001. Published as a Bill for an Ordinance on the 23rd day of Nove mber, 2001. ATTEST: , Mayor Loucriahia A. Ellis. City Clerk -1- I • 0 • • -• ,,,----,------,----~~~-----------• .. • - COUNCIL COMMUNICATION DATE Agenda Item Subject November 19, 200 1 10 a iii Victim Assistance Law Enforcement Grant, 2002 INmATEDBY I STAFF SOURCE Safetv Services Decartment Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has applied for and accepted the VALE Grant from 1990 through 2001 . RECOMMENDED ACTION Staff seeks Council support of a bill for an ordinance accepting 2002 Victim Assistan ce Law Enforcement grant funding in the amount of $1 5,651 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 40% of the salary & benefits for the Victim Witness Program at Englewood Municipal Court. The Victim Witness Program provi des services fo r victims of domestic viole nce. FINANCIAL IMPACT Victim Witness program would lose 40% funding. LIST OF ATTACHMENTS Proposed Bill for an Ordinance --,, I • 0 • -__ ;:r_ • I !f,, .. • • 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 19th day of November . 2001. Loucrishia A. Ellis -2- ----~--· --· ~------...at. ,. .. I • 0 • • -• • • -.. VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18'" Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Ela ti Street, Englewood, Colorado 8011 O Grant number: 02-38 Project Title: Victim/Witness Program Purpose of Grant Funds: Provide support for victims of domestic violence through the court process Services /Equipment Being Funded: Portion of salary and benefits for victim advocate Grant Period: January 1 to December 31, 2002 Amount of Grant Award: $15,651 Quarterly Installments: $3,913 BE IT UNDERSTOOD THAT: ( 1) All disbursement of awards are contingent upon the availability of VALE funds . (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein . (3) The grant recipient is required to submit Financial Reports quarterly: April 30, 2002, July 31, 2002, October 31, 2002 and January 31, 2003 for funding for 2002 . The report due on January 31, 2003 shall be the year-end report. The VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms . I! X ... I a I T A I . 0 1- • • -• • I • ~ .... . . • - 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 19th day of November, 2001. Loucrishia A. Ellis -2- • ' ) I • 0 • • • Englewood Department of Safety Services 02-38 --. • • - (4) The grant recipient is required to submit a Program Report on July 31 , 2002 and January 31, 2003 , wh ich addresses any spec ial conditions that are listed in this con t ract. The report due on January 31 , 2003 shall be t he year-end report . It shall show totals for the entire year and must address any spec ial conditions that are listed in this contract . The VALE Board will provide Program Reporting Forms . Grant rec ipients are required to use these forms . Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney 's Office 7305 South Potomac Street , Suite 300 Englewood , Colorado 80112-4031 (720) 874-8600 (5) Failure to submit these requ ired reports on t he dates due may result in terminat ion of the grant award , return of awarded funds or the loss of future fund ing by VALE . (6) Spec ial conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows : NONE (7 ) An y equipment purchased with VALE funds mus t remain with the grant rec ipient . Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer . The Board may approve such use or transfer or may request return of the equipment . (8) Any change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing . Approval of the VALE Board shall be obtained prior to any such use. (91 Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing . (101 The grant recipient shall submit written notification by December 1 , 2002 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period . • I· 0 • • • Englewood Department of Safety Services 02-38 • • - .. All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include : The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before December 1 , 2002. Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hear ing . ( 1 1) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended . including funds lost or diverted to other purposes, shall be repaid to the VALE fund . (12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act of 1957, as amended , and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order , Equal Opportunity and Affirmative Action. date April 16 ,1975 . ( 1 3) Non -compliance w ith any portion of this contract may result in : W ithholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above . ( 1 4) All grant recipients shall make available to the Board or its authorized designee all current books, records , procedures or other information relative to the grant application and implementation. ( 15) The funds granted by this contract for Victim Services shall be disbursed in quarterly installments pending VALE Board approval of all required repc rts and verification of expenses. The funds granted by this contract for equipment may be dispersed by a single payment for the full amount, pending VALE Board approval of all required reports and verification of expenses . • I . 0 ... • • • ... Englewood Department of Safety Services 02-38 0 • - The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant applicat ion shall be subject to the terms of this contract. Project Director Date~{t+-/ G-+-(6__./ __ _ -Date _________ _ Financial Officer Date _________ _ Authorizing Official Date ________ _ Carol Worth Chair , VALE Board Author ized Offic ial : The authorized official is the person who is. by vi"u e of suc h pers on 's pos1t 1on . authorizec to enter into contract s for the grant rec ipient . Th is could include: Mayor or City Manager. Chairperson of the County Comm iss ioners . Dism c t Attorney . Pres ident or Chairperson of the Board of Direc tors . Superintendent. or other Chief Ex ec ut ive Officer . Financ ial Officer : The person is responsi ble for all fi nancial matters re lated to the program and w ho h as responsibility for the accounting, management of funds . veri fication of expend itures. aud it in formatio n and f inanc ial reports. The person who actually prepares the finical reoo"s may be under the superv 1s1on of th e Financ ial Officer. The Financi al Officer must be a person other t han the Autho ri zed Official or th e Pro1ect Director . Proj,st Director: The person who has direct responsibility for the implementation of the project . Th ,s ~erson should combine knowledge and experience in the project area with ab ility to admin ister the pro1ec t and tuperviH personnel . He/she shares r11ponsibility w ith the financ ial Office for seeing that all expend ,:ur es ar e w ithin the approved budget . This iierson will normally devote I major iiortion of his1her ume to the pr o1 ec t and is re1oonlible for meeting all reporting requirements . The Project Director must be I l)erson other than th e Authorized Official or the Financial Officer . • I • 0 • • • ORDINANCE NO.~ 1 SERIES OF 2001 ,,,. . • • - BY AUTHORITY ... COuNC IL BILL NO . 65 1::-ITRODL.CED BY COuNC IL '.\1E:'v!BER GARRETT AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD . COLORADO TO ENTER INTO TWO EASEMENT AGREEMENTS FOR WATER PIPELINE EASEMENTS AND THE ACCEPTANCE OF . .\ Qt;IT CLAJM DEED TERMI NATING AN EXISTING EASEMENT LOCATED AT MCLELLA.'.J RESERVOIR. WHEREAS , the "Water Line Easement" for approXJmately thirteen thousand two hundred and seventy eight squa r e feet (13 ,278') al ong t h e City property located at McLellan Reservoir will a ll ow the construction of a n ew water line to Centenni a l Pum p Station by Ce ntennial Water a nd Sanitation Di strict by t he City ; a nd WHEREAS , the ·'Quit Claim Deed" for approximately t welve thousand eight hundred square feet (12.800') along t he City property will m ove t h e easem e n t twe n ty feet (2 0') farther away from the shoreline of McLellan Reservoir; and WHEREAS , the "Water line Easement" fo r ap prox im ately four thou sand s ix hundred and three s quare feet (4,603') a long t he Ci t y property for the e xte n sio n of a water line, will allow Centennial Water and Sarutat1on Distri ct to co nnect to the n ew water line ; and WHEREAS , the Englewood Water a nd Sewer Board revie wed and r eco mmended approval of these easements a nd the Quit Claim Dee d at t h eir October 9 , 200 l meeting ; NOW , THEREFORE. BE IT ORDAJNED BY THE CITY O NC IL OF THE CITY OF E NG LEWOOD . COLORADO, AS FOLLOWS : Sectjon 1. The "Water line Ease m e nt" attached h e r eto as "Exhibit A"', from the City to Centennial Water and Sanitation Di strict is hereby accepted a nd a pproved by the Englewood City Co uncil . Sectjon 2. The "Quit Claim Deed" to the City of E n glewood attached h e r eto as "Exhibit B", from the Centennial Wate r and Sanitation Di strict is h ereby acce pted a nd approved by the Englewood City Council. Sectjon 3. The "Water line Easement" to Centennial Water and Sanitation Di strict attached hereto as "Exhibit C", from the City of Englewood is hereby a cce pted a nd approved by the Englewood City Council. Section 4. The Mayor is authorized to execute and the City Clerk to attest a nd seal the "Water line Easement" to Centennial Water and Sanitation District for an on behalf of the City of Englewood, Colorado. -1- 10 bi ) I • 0 • • • • J• ... ,- • • Section 5. The City hereby accepts the" Quit Claim Deed" from the Centennial Water and Sanitation District . .. Sectjon 6. The Mayor is authorized to execute and the City Clerk to attest and seal the "Water line Easement" to Centennial Water and Sanitation District for an on behalf of the City of Englewood. Colorado. Introduced, read in full , and passed on first reading on the 5th day of November, 2001. Published as a Bill for an Ordinance on the 9,b day of November. 2001. Read by title and passed on final reading on the 19th day of November , 2001. Published by title as Ordinance No._, Series of 2001 , on the 23rd day of November, 2001. , Ma yo r 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 -2- ' '' '.) I • 0 - • • • • .. , • • ' EXHIBIT A GRA'.'IT OF EASEm:yr THIS GRA.'IT OF WATER LIN"E EASEMENT, made this /.sra :,· of o·e_/6'-c,,.,_, -----~ 2001 by and between THE CITY OF E:,JGLEWOOD . the ·'Landowner", whose address is 1000 Englewood Parkway, Englewood. Colorado 80110; to CENTE::S.:'<L..U. WATEP \..'.0 SA.\IITATION DISTRICT, whose legal address 1s 62 West Plaza Drr,e, Highlanas Ranch. Colorado 80126, (hereinafter referred to as "the Grantee"). 1. 2 . 3 . The parties covenant and agree as follows: Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado . more particularly described m . .\ttachment A, attached hereto consisting of 2 pages. Consjderatjon . As consideration for tlus Grant. Grantee has paid Grantor the sum of ten dollars (Sl0.00) and other good and valuab le co ns1derat1o n. the receipt of wluch 1s hereby acknowledged by Grantor. Grant of Water I jne Ea•ement . Grantor hereby grants ·o Grantee . it s successors and assigns. a perpetual. nonexclusive easement the "Water Line Easement") ove r . under , across and through the Easement Property for the purpose of co nstructing. operating, maintairung, repall'l.Ilg, replacing and removuig a "Water Line". 4 . ~-Grantee shall have t he perpetual. nonexclusive right of ingress and egress in . to , over. through and across the Easement Property for any purpose necessary or desirable for the full enioyment of t he nghts granted to Grantee under tlus Grant. 5 . Restoratjon . Grantee agrees that after the co nstruction. maintenance. repair. replacement or enlar1;ement . if any. for the Water Line . Grantee s hall restore the surface of the Easemt!nt Pro perty as ne:ir!y as reasonably possible t o the grade and conditions it was in immediately pnor to said construction. maintenance. repair . replacement or enlargement. except as may be necessary to accommodate the Water Line. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged. modi..fied or altered by Grantee during said construction. maintenance, repall', replacement or enlargement. 6. 7. No ImprgvPments. Grantor covenants and agrees not to construct. erect, place or plan any "Improvements ," as hereinafter defined. on the Easement Property without obtaining the prior written consent of Grantee. ''Improvements" shall mean any structure or building or landsc:ipmg other than grass . Grantee :ihall have the nght to remove , witho ut :iny liab11ity to Granter, any improvements constructed, erected, placed or planted on the Easement Property without Grantee 's having obtained the prior wntten consent of Grantor. Subjacent ;1nd Lateral Support . Granter covenants and agrees that Grantee shall have the right of subjacent and lateral 3Upport on the Easement Property to whatever ntent is necessary or desirable for the full, complete and undisturbed enjoyment of the nghts granted to Gr:intee under this Grant . • I • 0 • • • • .. • • .. 8. Rjghu ofGrantor . Grantor reserves the full right to the undisturbed ownership. use, and occupancy of the Easement Property insofar as said ownership , use, and occupancy is consistent with and does not impair the richts sranted to grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the richta cranted to it under thia Grant, all right, title, and interest hereunder of Grantee shall cease and terminate. and Grantor shall bold Euement Property, free from the rights of the Grantee and shall own all materials and structures of Grantee so abandoned, provided that Grantee, shall have a reuonable period of time after said abandonment in which to remove any or all Water Line and Appurtenances from the Easement Property. If the easement is abandoned by Grantee, Grantor shall have the right, at this sole option. to require Grantee to remove or neutralize any improvements constructed in the Euement by Grantee. 10 . Warranty ?{Title . Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority: that this Grant is effective to grant and convey to Grantee this Water Line Easement, and that this Grant of an easement is superior to all other gr:mts. l l. Bjndjng EfFi:s;t . This Grant shall extend to and be binding upon the heirs . personal representatives, successors and assigns of the respective parties hereto . The terms . covenants. agreements and conditions in tlu.s Grant shall be construed as co venants running with the land. IN WITNESS WHEREOF, the par. es hereto have executed tlus Grant of Water Line Easement the day and year first above written. LANDO~ER: CITY OF E~GLEWOOD A'M'EST : Thomas J . Burns , Mayor Loucriahia A. Ellis, City Clerk -2- • I • 0 • • -. h~"' STATE OF COLORADO ) ~ )88. COUNTYOP ) • .. • -... GRA.i.vrEE : CENTENNIAL WATERA.'ID SA.'l!TATION DISTRICT The foregoing i.natrwnent wu ac:Jmowl,tdged before JI.le this ;1!:il qv of 6 d ~ _. 2001. by :QobN H~ntfflC.tr u t::r1:neraimoa(l9tc !lf Centennial Water and Sanitation District Witness my hand and official seal. ~/Jfa,,t,,~ o{aey Public My ,?ommisai?f expires: .Ji(-0 -3- ' ) I· 0 • • -• • I• :··-- • -.. LEGAL DESCRJl'TION A PERMANENT 2ll' l"ONS'l l!lll'TII IN EASl'MENT I .l>CATEI> IN TIIE SOI ITI IEAST QUAl!TEI! 01' SECTION .12, T< IWNSIIII' 5 SOI ITII, l!i\Nl,E 1,8 WES'I OF TIIE S IX 111 l'l!INCll'AI. MEl!lllli\N Mtll!E l'i\11111 'lJI.Al!I.\' DESl'l!III E ll AS Flll.LOWS . f'UMMENCINU ATTIIE <:ENTEi! OF SAID SEC l'IUN Jl, 'I HENCE SOUTII lll"UJ'JS" EA ST 981 .18 l'EET TU TIIE l'OINTOF IIEUINNINli; TIIENl'E NOIITll 45°1Ml'tHI" EAST 2K 27 FEET Tl I A POINT 11N 1'111 ·. WEST I.INE flF Ac ·w & sn 411 FOOT EASEMENT l(El't lltllEI I AT IIOCIK ,11x l'At ii : ·11 l . ·, 1 ll 'Nt ·,. l'I IN IINI IINC i 111 .0Nt i S/1111 EI\Sl'MENT SOIi I'll 011°111 '111" EII S I' 2111 r,<J 1'1 :1: I. '1111 :Nl'I ! Sc 111 I'll •IY'lll'III" EIIST 11.47 l'l:ET; 'I IIENl'E i\lJlNt i TIIE /\Ill' t IF II l 'l lllVI · I 11 ·1111 : I EFI 222 15 l'l ·I: I' 11/\ VINt i II t 'ENTIII\L /\Neil.Et II' 21,0 1Hl'tlll" /\Nil I\ ltl\l llllS OF ·l'HI IHI H .E·I WI 111 1\ I 'lltllUl IIEI\IUNI i SOI ITII 58°01' 111" EI\S I' 2211.,15 1'1:k r, 11 IENI .,, Sllll 111 II "II I 'I II" l:AS I' 91 111 M :ET; Tlll'Nt 'E 1\1.IINt i TIIE /\Ill ' IIF I\ ('1111 VI : ·111 TIii ·. IUt ill I' I 1·17'11-1 :1: I 1111 VIN• i I\ t 'l ·NTll/\1. /\NI a .E Ill' I 11°47'52" /\Nil I\ 11 ,\l lll IS Ill' 4711 IHI FEET 11'1111 1\ 1 ·1101u l 111 :1\IIINI i s, 111111 ,,2°.17'11" EIIST 117 JO M :E r. TIIEN!'E I Ell VIN• i Sl\ll ll 'W ·" S I 11 :ASl :Ml :N r Sllll 111 8 1"59'59" WES I' 2\1 .li<l l'EE r . Tlll :Nl'E /\LONI i l'IIE /\Ill ' 111' i\ l 'IIIIVI : ·111 1111 · I 1-1' I 1111 5! H ·I: I' 1111 VINt i II C'ENTl!/\1. /\NI iLE Ill' 14"114'1•J" /\Nil A IIAllll IS IIF ,1501111 FEE I 11'1111 At ·1111101 IIEAIUN(j N( ll!TII h)0 5'J'OI " Wl:ST 1111 .2·1 l'l :E I, TIIENc 'I: NIHt 111 7 1°111'111" Wl :S I ')! J U 1'1 :1·. r. TIIENl'E 111.0Nti TIIE /\Ill' OI' A !'\Ill VE ·111 ·111E IUUll'I 2.11 4J H :1:1 Iii\ VIN! i i\ l'l ·N llli\L /\NI il.E UI' 2(,0 1N)'IMI" /\Nil A 11/\lll\lS OF SIU 1111 l'El ,r wn II A l 'llllllll lll 'AIUNI i NUI( 111 58°01'111" WEST l211.45 l'EE r. l'IIENl'I ' Nt)l!TII ·15 °111'111" Wl 'S I' 19 7h H :1, r. 1111 :NU : Nllll 111 U0°0l'IO" WEST l'J8.'J'J FEET TU TIIE l'OIN r lll' IIEGINNINli . TIIE AIIOVE l'/\1\CEL OF I.AND CONTAINS I J,278 S(./UAl!E FEET Ill! 11 .105 AC IIES, MUIIE UR LESS. IWARINl1S I\IUl UIISEll ON TIIE WEST I.INE OF TIii: SOUTlll!AST 1/·1 Ill' SAIi) SEn'l()N 32, UEAIUNG NURTII INl"l2'55" EIIST. 1'en1111nenl Con1t111Clion Eaaement Hnaor Kaw Waler Jub No. 0731.079.02 Ju11e 21, 2001 -1Jc k.1111 E. l'IU :NTll'I : ENI iLEWOIJll, C'U ()OJ) 741 -blHH) IJATE: • I\ t t a C h m e n t I\ I • 0 • • -. ,,,..--·~--------;------------- STATE OF COLORADO ) ' : l • • .. • - GRA.'ITEE: CENTENNIAL WATER AND SA.'iITATIO N DISTRICT ~ )88. COUNTYOP ) The foregoing iJia.Sllment was acJmowi.dged before !e this 1st dAY of 6 d~ _. 2001. by ,Joh N H~ ntl rl C Ir as (;z_fl. n eii[Hftl. aa9 e C 'Jf Centennial Water and Sanitation District Witness my hand and official seal. My ?ommiuifi expires : ·J&:-Q -3- .. ' I· 0 32 • • c1 /4. sec lZ t~S.RHW "" p .. SOl"OJ0 JS"E 981.18° N45'01'10"W 19 .711' • • •,. "' "' d ;;; • ·~ • • EXHIBIT POIMT OF COMMEN CE MENT I • •o· cw•">l. tswr 1--;~ l'AUl°Ll t: r' 80.M 419. rt; 411 I I I ' N45"00'00"E SC ALE S45"01'10"E 11 .47' I> •26"00'00" R•490.00 L•222 .J5' CH•S58'0l'10"E CH L•220.45' ;r 11w.11ur. WAILII 1"11 1· -1ou · 3~ 'JI ~l :tl~ !j :I~ I R•510.00 l'~ L•2ll.4J" ~~ CH•N58'01'10"W ~ Cit L•229.45' ~I~ I'' ol:X z . n; :.! <( -- ~I~ ..... , . ~,~ in :n ~ 'f Ml l••t oml NOi MNI.N1 ,. ....,..."o _..,. n 11 -.:, NIC .... fO DUICI .. AIIAOCO ........ N71"01'10"W 92.JO' i>al4"04"19"J R•450.00' L•II0.52' CH•N6Y59'01 "W CH L•II0.24' =tmc ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2 ' I • 0 • • --. • •, .. • - QUITCLAIM DEED THIS DEED, made this day of between : CENTE~'NIAL WATER.-u\lD SEWER DISTRICT 62 West Plaza Drive Highlands Ranch. Colorado 80126 of the County of Arapahoe and State of Colorado . grantor, and THE CITY OF ENGLEWOOD. COLORADO a Home Rule Municipality whose :egal address is: 1000 Englewood Parkway Englewood, Colorado 80110 of the County of Arapahoe and State of Colorado, grantee . .. E:ghjbjt B . 2001 , WlT~SSETH, That the grantor, for and in consideration of the sum of Ten and ~o/100 ·•·•···•· -·----············-··········-··-··-···-···---DOLLARS the receipt and sufficiency ofwluch IS hereby acknowledied, does release , convey and QT.;ITCLUM unto the grantee(s), its heirs . successors and assigns , forever . all the richt. title , interest. claim and demand wluch the g?'3ntor has in a nd to the real property. together with unprovements. easements. rights and privileges held or owned by the Granter i.n t he following described land. if any . situate, lying and being m the County of Arapahoe and State of Colo r::ido . described in Attachment A , attache : hereto . Sa.id property contains 12 ,800 square feet or .294 acres more r less . TO HA VE A.'1D TO HOLD the same . together with all and singular appurtenances and pnvileges t hereunto be longing and all the estate, right. title . interest and claun whatsoever. of the crantor . e ither 1n law or eqwty, to the only proper use and benefit oi the gr::intee . its heirs and as11~ forever . J:S \\'lT~SS WHEREOF. The grantor has e:.:ecuted this deed on the date set forth above . CE:,,"TE~:-,il-\L WATER A.'<1) SA.'11TATION DISTRICT By :~~ Sg. OF COLOR.~~. ) /1 _ I > u . COCNTY OF 1'W-1'C,l,d.(1.,. ) 7 . T~9rego1 insdjll\enkwas acknowledged before me this /{lay of Ocf,k-Ll by n N e I) r ,c of Centennial Water and Sewer District . • 2001 . My commission e:.:pires : 9· /'i -0 / • I • 0 • • .. • l • - LEGAL DESCIUl'TION A 20 FOOT STRII' 01' I.AND lll'INI; AIIANl)ONEIJ WITIIIN l'/\IICEI. C OF TIIE l"ENTENNl/11. W/\Tl:I( /\NL) SANITATION 1>1s·11ucT AS 1(1:1 'Ul(lll:11 IN IIOUK 4 IK, l'/\liE 412, I.IICIITED IN TIIE SIIUTIIEAST QIJARTI-II 01' SEC.TIClN 32, TOWNSIIII' 5 SOIi iii , KANliE 118 WEST< IF TIIE SIXTII l'IUNl "ll'AL MEIUIJI/\N MOKE l'/111 rlL ULIIHLY DESCKIUED AS FOL.LOWS: ,OMMENC'IN(; AT Tl IE l "E NTEi! < ll' S/\lll SFt "I ION .12 ; rl 11 •.Nl"E Slll lTII IIJ"2Yll6" EAST 975 .17 FEET TO TIIE l'UINT IIF 111:lilNNINt i, Tlll:Nf'E NOltTll 45°1Hl'IHI" EAST 2K 27 Fl 'ET"II I A l'OINT I IN rlll: EAST I.INE I lF TIIE I 'ENTENNl/11. WIITl'II ANII S/\NIT/\TII IN 111s mu -, EIISl :~11 :N I HH ·111011:1, II I" Iii II IK of lK l'AOE 412 . Tlll:Nt "Et "ONTINI IINI i Ill.I INI i S/11111 :/\Sl :Ml :NT SI II I I II 1H1°111'111" 1'1\ST !01.h<I l'EE I"; Tlll :Nn ; Al.llNt i r111; AIU . t IF II c ·1111v1: n l"I IIE I l 'FI ,.,., J.J FEI: r 1111 VIN• i 1\ CENTK/11. /\NI il.E Ill' 2~0 !I' 17" /\NII II 111\1 IIII S OF 4 \II IHI Fl :I: I WITII II l "IIOl(II IIE/1 IUNI i St IIJTII SK0 20'J2" EAST l'J7.51 FEET; 1"111 :Nl ·i, SOIJTII 71 °111'111" EIIS r ')LIO l·l'l :T. ·1111 ·.Nt "E Al.llNtiTIIE/\IH"lll'lll"IIRVE Ill 1111'.IUlilll 157 4~1'1:l ·TII/\VINli/\l 'l:Nll(/\I 1\Ntil I: OF 17°41'20" IINl>A ll/\11111Stll' 5 11tl•1Fl:l :I WIiii 111 lll•ltll lll :lll<INliSlllllllhl"IU'IU " EAS I" 15h.KJ FEE r. ·1111:Nt ·1: I 1:11 VIN• i SA Ii it W & S ii l :1\S Hll ·N I Stlll 111 X 1°5 °1'.\01" Wl :ST 2') IUl·El :T , "lllENt "EAI IIN<i IIIE/\IH "III • II 1·1111VI · 1111111 :11 :1·1" 1 lllhl 1-fo.l-"l"II/\\IINli II l"l :N ll(AI. /\NI ii EI IF I 5°1h'I \" /\NI l II lt/\l 111 IS 111 • 4°HIIHI I Jol c"I WI 111 II t. 11111(11111 :i\lUNt i NI m 111 h 1° !J'II!" Wl·ST 1111 21 Fl-I · I . ·1111 •1!1"1 · NOIU 11 /1 "111'111" Wl ·S I 'Jl.JII 1'1 :1: I , 1111 :Nl"I: Al.llNli 1111 :/\IU"tll'/\1 .lllt\'I: Ill llll :10t,lll llh4Xl'l-l ·I II/\VINl i/\l"l·NIIIAl.1\N1,I I: Ill' lh0 l .1'!4" /\Nil II 111\l>IIIS 111' 4711 IHI FEI : I WI 111 ,\ ('11111(11111 :/\IIIN<i N• lll 111 Y/".l'J '!K" WES I" 214 .57 l'l:E r, TIIENU: NUKI 11110°111 '111" Wl :S I I K'J .'Jh l'l!I : I" IU I IIE l'OIN I" Ill' IJEulNNINl.i. TIIE AIIOVE l'AkCEL OF I.ANIJ C lJNTIIINS I l,81HI St)l l/110: l'l :E"I Ult 0 .29~ IIL'IIES, MOl<E UK LESS. 111:AlllNGS Alm IIASEII ON Tl IE WEST LINE (JI' TIIE S< ,u·, 111 ,11:;T 1/4 OF SAIi) SECTION 32, llli AKING NOKTII 00°12'55" EAST. S.-t to lte AN--•• 11-RawW ... Jul, No. 073).079.02 .i..21,2001-.,ic l'IU'.l'AltEll llY : ---./l«.lf(UY 1111\V II YNh t.l. 1'1111 I.II EN<il.l :WOOII, L'II KIii 11 ()OJ) 741 -C,IKIU llATE:~/z-z_/u 1 I I II t t a C h m e n t A ) I • 0 l • • • ~~,~·~~~ •111 p ... • • • EXHIBIT SCALE 1" = 100' l> •25"21'17" / ~:::i ·,~ CH•S58'20' J2"E Cit l•197 .51' S71'01'10"E t>-17'41'20" .. Clt•S62'10'JO"E s2 . .10· ; R•Slo.oo· L•157 .45' ~~ ~ o"' ZI '"1 l> •26'2J'24" R•470.00 L•216.48' CH•N57'49'28"W CH L•214.57' N71'01'10"W 92 .JO' 1Hl1 (a•t DOU NOi Ml"III..NI A ...... Nl(D -WY. II fl OUI.Y .. IINGI.D 10 mPCI tHl AUACl•o ·~·-ROCKY MOUNTAIN CONSULTANTS, INC . R•490.00' l•IJ0.62' CH•N6J'2J'02"W CH L•1J0.21' Cit L•156 .8J' =tmc SHEET 2 OF 2 ~. 101 r...e~-ooc1 v...,. c.t,. co ft0111 UOJ) ,u 6000 u• (JOI) tu -111» ... °'"" ,_ U-1( Ill 11 01 • ) I • 0 2 - • • • ... • - EXHIBI'l' C GRAyr OF EASE'.\:fEYf THIS GRA.'IIT OF WATER LINE EASEMENT. made this ...cty of Oei~L- ------2001 by and between THE CITY OF ENGLEWOOD , the "Landowner". whose address is 1000 Englewood Parkway, Englewood. Colorado 80110; to CENTE~'IAL WATER A::-."D SAJ.'f!T.-\TION DISTRICT, whose legal address is 62 West Plaza Drive, Highlands Ranch, Colorado 80126, (hereinafter referred to as "the Grantee"). The parties covenant and agree as follows : l. Easement p ... gperty. The "Water Line Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado , more particularly described ll1 Attachment A. attached hereto consisting of 2 pages. 2. Consideration. As consideration for t h.is Grant. Grantee has paid Grantor the s um of ten dollars ($10.0 ) and other go od a nd va l uable consideration, the rece ipt oi wiuch 1s hereby acknowledged by Grantor. 3 . Gc;gnt of W;ge ~ Ljne Easement . Gra ntor hereby grants to Grantee . its successo r s and assigns. a perpetual, nonexclus ive wa ter line Eas eme nt (the "Water Line ~ase m ent") over. under. across and t hro ugh the Easement Property for t he p urpos e of co ns tr uc t ing, operating, maintaining, repainng, r epl acing a nd removmg a ''Wa t er Line". 4. As:l:eli -Grantee shall have the perpetual. none~clusive right of ingress a nd egress in , to, over . through and across the Water Line Easement Property ior any purpose necessary or desirable for the full enjoyment of t he rights granted to Grantee under this Grant. 5 . Restoration . Grantee agrees that after the construction . maintenance . repair , replacement or enlargement. if ,m y, fo r the Wa t er Line . Grant<?e ~ha ll r est ore the surface of the Water Line Easement Property as nearly as reasonably possible t o the grade and condiuons it was in immediately prior t o said construction. maintenance . repair. replacement or enlargement. e~cept as may be necessary to accommodate the Water Line . Grantee agrees to res tore and repair any improvements of Grantor on the Water Line Easement Property wluch are damaged. modified or altered by Grantee during said construction. maintenance. repair, replacement or enlargement. 6 . 7. No Improvements . Grantor covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Proper:y without obtaining t he prior wntten consent of Grantee . "Improvements" shall mean any structure or building or landscaping other than grass . Grantee shall have the right to remove . without any liability to Granter. any improvements constructed. erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Gran tor. Subjacent and Lateral Support . Grantor covenants and agrees that Grantee shall have the ri&ht of ;iubiacent and lateral support on the Water Line Easement Property to whatever extent is necessary or desirable for the full , complete and undisturbed enjoyment of the ri&hts granted to Grantee under this Grant. I • 0 J • • -• ' .. .. . - • ... • - 8. Rjghts of Grantor . Grantor reserves the full right to the undisturbed ownenhip, use, and occupancy of the Water Line Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to grantee in this Grant. 9 . Ahandgnmcnt . In the event that Grantee shall abandon the rights iiranted to it under this Grant. all risht. title. and interest hereunder of Grantee shall cease and terminate. and Grantor shall hold Water Line Easement Property, free from the rights of the Grantee and shall own all materials and structures of Grantee so abandoned, provided that Grantee, shall have a reasonable period of time after said abandonment in which to remove any or all Water Line and Appurtenances from the Water Line Euement Property. If the Water Line Easement is abandoned by Grantee, Grantor 1hall have the right, at this sole option, to require Grantee to remove or neutralize any improvements constructed in the Water Line Easement by Grantee. 10. Warranty pf Title . Grantor warrants and represents that Grantor is the fee simple owner of the Water Line Easement Property and that Grantor has full right, title and authority; that this Grant is effective to 11'8Ilt and convey to Grantee this Water Line Easement, and that thia Grant of an Easement is 3upenor to all other grants. 11. Bjpdjpg Effect . This Grant shall extend to and be binding upon the heirs, personal representatives. successors and assigns of the respective parties hereto. The terms . covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of a Water Line Easement the day and year first above written. LANDOW~R: CITY OF E::-iGLEWOOD ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk -2- • ) I • 0 ] • • STATEOFC~ COUNTY OF 1• 7-· ) ) 88. ) • • - GRANTEE: CENTENNIAL WATER AND SANITATION DISTRICT ~Ma~L ~ Hendr1c.h. The foregoin( ~~ew was ~c!Q.lowledged before me this ;tit day of ()c . .f,f.tt.,, -2001, by-..JO N !ftY1drtCK u §enCra. T1Jt4'114fer-of Centennial Water and Sanitation District Witnesa my hand and official seal. -3- .. . ' • ) I· 0 • • • • . ~,.' • -' LEGAL OESCRll'TION A l'ERMANENT 41r CONSTRllCrlllN EASEMENT I .()(' ATEIJ IN Tl IE SUIJTI IEAST QIJARTEK OI' SE( TIUN 32, TOWNSIIII' 5 SOlfl II, 1(/\N(iE fiH WES r OF TIIE s1x·111 l'KINCll'AL MEKIDIAN Mlll<E l'i\K lll"ULARI.Y I lESC IUUEll AS FOI.LUWS. COMMENCING ATTIIE CENTEK OI' Si\111 SECrlUN J2; TIIENCE SOU rll 00°12'5 5" EAST 21 .1 S l'EET TO Tl IE l'OINT 01' IIEGINNIN1 i, TIIENCE SOIJTII 89"47~11"EAST J 1.J2 FEET; Tl I ENCE SI l\JTII 4S 0 1Nl'IMl" Ei\ST S9 'JO l'l·.l 'T . TIIENCE SOllTll ll(l0 1Nl1NI" .16.88 l'EETTII i\ l~IIN"I ON TIIE NIIIU 111 :1<1 .Y I.INF Ill' l'i\UI H . "A" A 1 'W&Sll EASEMENT IU '!"UKl ll 'll IN IIC H IK 4 IH, l'i\\il • 41 l , 1111 ·.NI ·1: i\11 IN<; Si\lll NC JKTIIERI.Y I.INE C ,,, I ·w.11tsll EASl'.MEN r SI II ITII 4-nK'~II" \VI 'S,.~,. W "'"'I , 11 ll •NI I : I.EAVINI i SAIII ( :w&Sll EASEMENT NI llffll lNl "INl'IHI " l:i\ST ,,11 _I.I 1'1 :1: r . Tlll'NI "I' NI IIC 111 4~0 1Nl'INI" WEST 2<,.N\ l'El:T; TIIENl 'ENI llfl'II 8'!""7'111 " Wl :S r l~.8~ 1-1 :1 : I, ·1111 :Nt Ii Nt Ill 111 <N1"12'SS" EAST 40.INI l'EETTU ·111E l'OINT 01' 111'1 ilNNINli . TIIE AD0Vll PARCEL 01' LAND C ONTAINS <1,60.I SQIJAIUi FEET OR U.106 AC'l<ES , MOIIE OI< LllSS. REARINGS ARI! OASED ON TIii' WEST LINE OI' TIIE SOUTIIEMiT 1/4 01• Si\lll SECTION 32, OllARJNG NORTII 00•12·ss· EAST. 1:NGI EWOI ll 1, CO HO 11 I (J IIJ) 741-foOIHI DATE: 4:,/zdut Peraanent Coaatructlon laae .. nt E11111r Raw Waler Job No . 07ll.079.02 June 21, 2001 • &de • A t t a C h m e n t A ) .. ' ... I • 0 \ •· 'I ' .. • .. • • ~-------------------------------------- EXHIBIT Cl /4 S[C 3 2 15S, R68W 6111 PM. ~ POI NT Of / COMMHI C[MEN T ------~-- P.0.B./ N00"12'55"E 40.00' S89'4 7'01 "E 31 .32' WA l [R Lll•E N45'00'00"W 26 .85' ........ -.... , ..... . :::1 "' ·~ L1 ~I ol: '" ~,"' ~'1 ! lJ..1 11,.I m "' w LL z o,::; l/) I~ ~,~ ........... , ....... , ..... • IDICt • anaaao ·-- / ( ROCKY MOUNTAIN CONSULTANTS, INC . •II)' C W,l<S ll 1'1 llMlll•(l 11 lll'>l Ml l ll soo·oo·oo"E 36 .88' / / SCALE 1" • 20' =tmc SltEET 2 OF 2 '-'• '°' ................. c11,. en IOIII (t11 1, 741 .. 'UII r .... {.to ll 141 ·6 106 VAil UI JI UI Mlw..111 . ' I • 0 -- • • ORDINANCE NO. d. SERIES OF 2001 . . • • - BY AUTHORITY COUNCIL BILL NO . il INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO TO ENTER INTO TWO LICENSE AGREEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS LOCATED NEAR THE INTERSECTION OF SOUTH SANTA FE AND DAD CLARK GULCH IN ARAPAHOE COUNTY. COLORADO BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY . WHEREAS. the Centennial Water and Sanitation District submitted a License Agreement and a Temporary Construction Agreement to install a 48" ductile iron pipe and a 72" steel casing within and across the Englewood City Ditch Right-of-Way easement; and WHEREAS , these pipes are for the Centennial raw water line from their new lake located by the South Platte River , which will be used to pump raw water to ~cLella n Reservoir; and WHEREAS , the steel casing is to encase the 48" pipe under Santa Fe Boulevard . the railroad tracks and the Englewood City Ditch Right-of-Way easement; and WHEREAS , the Temporary Construction Agreement will enable Centennial to use a portion of the City of Englewood 's easement for their construction purposes; and WHEREAS , the Centennial Wa ter and Sanitation District s ubmitted a Lic e nse Agreement and a Temporary Con s truction Agreement to install a 48 " ductile iron pipe to be used as an emergency outlet pipe wtuch will be used to release water back into the South Platte River ; and WHEREAS , a Temporary Construction Ea se ment will enable Centennial to use a portion of the City of Englewood easement for their outlet pipe construction; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of these licenses and ease ments at their October 9, 2001 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The "License Agreement" attached hereto as "Exhibit l ", from the City to Centennial Water and Sanitation Distnct 1s hereby accepted and approved by the Englewood City Council . Ses;tipn 2. The "Temporary Construction Easement" attached hereto as '·Exhibit 2", &om the City ofEn,lewood to the Centennial Water and Sanitation District is hereby accepted and approved by the Englewood City Council. -1- • .. 10 b ii ) I • 0 ] • • -• • .. .. "' • -' " Sectjon 3. The "License Agreement" to Centennial Water and Sanitation District attached hereto as "Exhibit 3", from the City of Englewood is hereby accepted and approved by the Englewood City Council. Section 4 . The "Temporary Construction Easement" attached hereto as ''Exhibit 4", from the City of Englewood to the Centennial Water and Sanitation District is hereby accepted and approved by the Englewood City Council. Sectjon 5. The Mayor is authorized to execute and the City Clerk to attest and seal the "License Agreement" for the raw water line to Centennial Water and Sanitation District for an un behalf of the City of Englewood, Colorado. Section 6 . The Director of Utilities is authorized to execute the ·'Temporary Construction Easement" for the raw water line to Centennial Water and Sanitation District for an on behalf of the City of Englewood, Colorado. Section 7 . The Mayor is authorized to execute and the City Clerk to attest and seal the ''License Agreement" for the outlet pipe to Centennial Water and Sanitation District for an on behalf of the City of Englewood, Colorado. Section 8 . The Director of Utilities is authorized to execute the '·Temporary Construction Easement" for the outlet pipe to Centennial Water and Sanitation District for an on behalf of the City of Englewood, Colorado. Introduced , read in full, and passed on first reading on the 5th day of November, 2001. Published as a Bill for an Ordinance on the 9"' day of November, 2001. Read by title and passed on final reading on the 19th day of November, 2001. Published by title as Ordinance No ._, Series of 2001 , on the 23rd day of November, 2001. , Mayor A'ITEST: Loucriahia 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. Loucrishia A. Ellis -2- .. ' .. I • 0 • • • . . • • LICE:-.iSE AGREE:'vlE:-.iT THIS AGREEMENT. made and entered into as of the r,,r day of Cti,k t. ::!00 I. by and between the CITY OF ENGLEWOOD. a municipal corporation of Colorado. hereinafter referred to as "'City"" and the CENTE}iNIAL WATER .->u'IID SA.t\JITA TION DISTRICT. a Colorado quasi-municipal corporation, hereinafter referred to as ··District '". WITNESSETH : The City without any wamu ·y of its title or interest whatsoever. hereby authorizes District, its successors and assigns. to install a 48'" DI pipe and 7'2."" steel casing within City 's right-of-way for the City Ditch across the City 's rights-of-way for the City Ditch, described as a parcel of land situated in the East Y: of Section 32. Township 5 South. Range 68West of the 6111 Principal Meridian. Arapahoe County. State of Colorado. depicted upon Exhibit A anached hereto and made a pan of: l. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City . 2. The District shall notify the City"s Director ofLtilities at least three (3) days prior to the time of commencement of the construction of. or an y repairs made to. the District's 4g·· DI pipe and 72" steel casing so that the City ma y. in its discretion. inspect such operations. 3. Within thirty (30) days from the date of commencement of construction of said 4g·· DI pipe and 72'' steel casing, the District shall complete such constructi on. place and maintain permanent. visible markers. of a type and at such locations as desi gnated b. the City"s Director of Utilities. reterring to the centerline of the installat io n and shall dear the crossing area of all construction debris and restore the are:i to is pre,·ious condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified. the City may complete the work at the sole expense of the District. 4 . The City shall have the right to maintain , install. repair. remove or reloc:ite the City Ditch or any other of its facilities or installations within the City"s rights-of-way . at any time and in such manner as the City deems necessary or convenient . The City reserves the exclusive right to control all easement and installations . 5. The stipulation and conditions of this License shall be incorporated into contract specifications iftbe construction herein authorized is to be done on a contract basis . 6. The rights and privileges granted in this License shall be suhject to prior agreements, licenses and/or arants, recorded or unrecorded, and it shall e the District's sole responsibility to detennine the existence of said documents or conflicting uses or installations. South Plane Raw Water Line -Phase II • E X h i b i t 1 I· 0 J- • • • • l"·;... .. • • 7. The District shall contact and fully cooperate with the City 's personnel and the construction shall be completed without interference with any lawful. usual or ordinary flow of water through the City Ditch . Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters , or of surface waters in the City Ditch. 8. All trenches or holes within the City 's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . 9. District shall indemnify and save harmless, to the extent of the law , the City , its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 48" DI pipe and 72" steel casing being within and across the premises of the City or by reason of any work done or omission made by the District, its agents or employees , in connection with the construction, replacement, maintenance or repair of said -'8" DI pipe and 72•· steel casing . It is expressly agreed that in case of the District 's breach of any of the within promises. the City may , at its option. have specific performance thereof. or sue for damages resulting from such breach. 10 . Upon abandonment of any right or privilege herein granted, the right of the District to that extent shall terminate. but its obligation to indemnify and save hannless. to the extent of the law. the City. its officers and employees, shall not terminate in any event. except as to the Centennial Water and Sanitation District pursuant to the provision of paragraph 9 above . In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City . South Plane Raw Water Line -Phase II ,. ', 0 I· 0 • ··!' ... • • IN WITNESS WHEREOF , this instrument has been executed as of the day and year first above written. ATIEST: Loucrishia A. Ellis, City Clerk APPROVED: ~ J . ase ~Engineer Soulb Plane Raw W111:r Line -Phase II LANDOWNER: CITY OF ENGLEWOD ---------' Mayor CENTENNIAL WATER AND SANITATION DISTRICT ... ~~~ Hendrick ::anager ' I . 0 • • • -----,.---------------,-----------------------------• • - EXHIBIT A CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION A CROSSING LICENSE FOR WATERLINE PURl'OSES LOCATED IN TIIE EAST ONE IIALF OF TIIE SOUTIIEAST QUARTER OF SECT ION 32, TOWNSIIIP 5 SOUTII. RANGE 68 WEST OF TIIE SIXTH PRINC'IPAL MERIDIAN MORE PARTICULARLY UESCRIBED AS FOLLOWS . COMMENCING AT lllE NORTIIWEST CORNER OF TIIE EAST ONE IIALF OF TIIE SOUTIIEAST QUARTER; THENCE SOUTII 29°59'45" EAST 433.11 FEET TO A l'OINT UN TIIE WEST LINE OF 1 UITCII EASEMENT OWNED BY THE CITY OF ENGLEWOOD AND TIIE POINT OF BEGINNING; TIIENCESOUTll 61"1741" EAST 50.01 FEET TO A l'OINTON TIIE EASTERLY LINEOF SAID DITCII EASEMENT AND A POINT ON ANON-TANGENT CURVE; TIIENCE CONTINUING ALONG TIIE SAID EASEMENT AND ALONG TIIE ARC OF SAID CU RVE TO TIIE LEFT 44 .51 FEET WITH A CENTRAL ANGLE OF 36"25'20" HAVING A RADIUS OF 70 .02 FEET AND A CHORD BEARING SOUTH 06'14'03" EAST 43 .77 FEET TO A POINT OF CURVE; THEN CE ALON G TIIE ARC OF SAID CU RVE TO TIIE LEFT 1.94 FEET WITII A CENTRAL ANGLE OF00'59'39" IIAVING A RADIUS OF 112 .02 AND A C IIORD BEARING SOUlll 24'52'S8" EAST 1.94 FEET TO A POINT: TIIENCE LEAVING SAID EASEMENT NORTll 61°1741 " WEST 60.39 FEET TO A POINT ON TIIE WESTERLY LINE OF SAID EASEMENT AND A POINT ON A NON-TANGENT CURVE; TIIENCE CONTIN UING ALONG SAID EASEMENT ON 111E ARC OF SAID CURVE TO Tl IE RIGHT 41 .82 FEET WITH A CENTRAL ANGLE OF 18°4J'J8" IIAVING A RADIUS OF 127.94 FEET AND A CHORD BEARING NORTII OS 0 3T02" EAST 41.61 FEETTOTIIE POINT OF BEGINNING; TIIE ABOVE PARCEL OF LAND CONTAINS 2,139 SQUARE FEET OR 0.049 ACRES, MORE OR LESS . BEARINGS ARE BASED ON TIIE WEST LINE OF TIIE EAST 112 OF TIIE SOUTHEAST 1/4 Of SAID SECTION 32, BEARING NORTII 00•12·ss· EAST . C.-in& Liccnle Apecmenl E..wR1wW11er Job No. 073).079.02 July II, 2001 • .,SC SHEET I Of 2 ', ' ) I • 0 • • .,,-· • • - EXHIBIT A ~1 u r -"' ;,, r g 1/1 IN w <..:> "!1 ~ ~ Cl: _, <( >--lw ; CD u... 0 Vl i7i <( CD POINT OF COMMENCEMENT NW COR, E 1/2, SE 1/4 SEC . 32 ---\ \ \ --\ \ \ \ 40 ' PERMANENT ~\ CW&SO EASEMEN T .\ ~ NTS GREEN V•LLEY TURF fAAM \ ~o.e. _ ... , .... , ....... , A ---a,NIY. ff. GII.Y •-• -,ct N anaoa -ROCKY MOUNTAIN CONSULTANTS, INC. I ~-~ ~ I ~ ~ I t ~ ~ I • 0 11mc SHEET 2 OF 2 ,.,.. (JOJ) 741 -11De • j -. / • . .. ... • -... TE:'vlPOR..\R Y CONSTRCCTIO N EASE\!E:'-!T THIS :\GRED,IE:'-!T . made and entered into as of the /~av of Cc /~~2001. bv llld between the CDiTDiNL-\L W.-\ TER . .\.'llD SAMT.-\ TION DISTRICT ("Centennial"). a . Colorado quas i•municipal corporation whose principal place of business is 62 West Plaza Dn ve. Highlands Ranch . Colorado 80129 and the CITY OF E;>JGLEWOOD c ·Englewood"). a Colorado munic ipality whose principal place of business is 1000 Englewood Parkway. Englewood. Colorado 801 10 . WHERE.-\S. Centennial desired ro install a 48 '' DI pipe and 72" steel casing through the City Ditch right-of-way to convey raw water between the South Platte Reservoir and \'1cletlan Reservoir; and WHEREAS , Centennial is required to install a 48" DI pipe and T2" steel casing project in an Englewood City Ditch right-of-way in the location depicted upon Exhibit .-\ attached here to and made a part hereof (the ·'Project"); and THE P . .\RTIES covenant and agree as follows : I. Description of Project . Centennial will install a 48 " DI pipe and 72" steel casin g by bo re in the Englewood City Ditch right-of-way beginning in '.'iovember 2001 .. -V'ter the pi pe is installed., which is no later than June 200 2. Centennial will do what is reasonab ly necessary to restore the property to the original condition . 2. Right to Store \faterials : Englewood agrees to permit Centennial or it's Contractor . in conjunction with the construction and installation of the pipe. to store pipe and equipment on the site as indicated on the aruched drawing . Centennial agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times . Centennial further agrees to comply ,...i th all State and Federal starutes an d regulations regardin g the handling , storage and clean up of any hazardous material used by Centennial . its employees . agents and assigns in conjunction with the Project . The location of the Temporary Construction Easement is as depicted in Exhibit".-\ ... 3. Lenrui of Agreement : This agreement shall expire on June 30. :?002 . However . the South Platte Raw Water Pipeline Phase II Project shall not begin before '.'io vember 1. 2001. 4 . Access : Centennial or its Contractor shall have temporary non...:xclusi ve right to enter the property for an y reasonable purpose necessary for the construction of the Project subject to the following restrictions: I ) Normal working hours shall be from 7:00 a.m. to 6 :00 p.m., 2) The operation of equipment and heavy trucks will be permitted on the property only during normal working hours , 3) Centennial will comply with all City of Littleton requirements regarding emergency access to the property . South Platte Raw Water Line -Phase II • E X h i b i t 2 .. . I . 0 - 5. 6. 7 . 8. • , ilf'\, • - Restoration : CenteMial or its Contractor will do what is necessary to restore the property to its original condition including but not limited to : regrading the property under this agreement and reseeding the property . The restoration is to be completed by the expiration date of this Temporary Easement. Site Condition: Centennial or its Contractor will provide security for the site at all times . In addition, Centennial will endeavor to keep the site in a visually acceptable manner during the terms of this agreement, and Centennial will maintain adequate dust control either by regularly spraying the exposed soil with water or other acceptable means. Liability: Centennial or its Contractor agrees to be liable and hold harmless Englewood. its employees, tenants, guests and invitees, from any claims, causes of action, and liability which may occur as a result of the actions of Centennial including the cost of defending against such claims. Insurance: Centennial or its Contractor shall maintain in full force and affect a val id policy of insurance for the Project in the amount of S600,000 property coverage and $600,000 liability coverage. Centennial or its Contractor further agrees that all Centennial or its Contractor employees, contractors and subcontractors working on the Project, shall be covered by adequate Worker's Compensation. CITY OF ENGLEWOOD CENTENNIAL WATER .·\ND SA.'IIT A TION DISTR1CT ~~,~ Stewart Fonda Director of Utilities Saudi Pllae Raw W.a Line -Phase D ) I· 0 -• • I• ... • - EXHIBIT A CONSTRUCTION EASEMENT LEGAL DESCRIPTION ' TWO EASEMENTS FOR CONSTRUCTION PURPOSES LOCATED IN TIIE EAST ONE IIAI.F OF THE SOUTHEAST QUARTER Of SECT ION J2 , TOWNSIIIP 5 SOUTII . RANGE 68 WEST Of TIIE SIXTII PRIN CIPAL MERIDIAN MORE PAR11CULA RLY DESCRIBED AS FOLLOWS , COMMENCING ATTIIE NORTHWEST CORNER OF THE EAST ONE II ALF Of THE SOUTIIEASTQUARTER; TIIENCE SOUTII J6•5724• EAST 343 .07 FEET TO TIIE POINT OF BEGINNING ; ... 'nlENC 'E SOUTH 61'17"4 I "~AST 7J 48 FEET; THENCE SOUT11 l6'0J' I 4" WEST 23.04 FEET; THEN CE SOUTH 21'3J'42" WEST 29 90 FEET TO A POINTON TIIE NORTIIERI.Y LINE OF A DITC'II EASEMENT OWNED DY THE CITY Of ENGLEWOOD ; TIIENC'E ALONG TIIE NORTHERLY LINE OF SAID OITCII EASEMENT SOUTH 66']9"55" EAST 24 78 FEET; TIIEtJCE CO NTINUING ALONG SAID DITCII EASEMENT SOUTH lJ'l 8"46" WEST 23.04 FEET TO A POINTOf CU RVE ; TIIENCE ALONG TIIE ARC OF A C'LI RVE rQTIIE LEFT 15 .98 FEET WITII A CE NTRAi. ANGLE Of 1]'04'39" IIAVING A RADIUS OF 70 .0l FEET ANU A CHORD DEARING SOUTH I 8'J0'S6" WEST IS 95 FEET TO A POINT; THENCE LEAVING SAID DITCH EASEMENT NO RTll 68"1 7'41" WEST 50 .01 rEET TO A POINT ON A NON-TANGENT CU RVE AND THE WESTERLY LINE OF SAID DITCH EASEMENT; THENCE CONTI NUING ON 111E WESTERLY LINE OF SAID DITCII EASEMENT ALONG THE ARC OF SAID CU RVE TO 'IIIE RIUHT 17 J6 FEET WITH A CENTRAL ANGLE OF07'45 '58" HAVING A RADIUS OF 127 94 FEET AND A CHORD BEARING NORTH 18'52'05" EAST 17.JS FEET TO A PO INT ; TIIENCE ALONG SAID E.~SEMENT NORTH 2J•11°46" EAST 20 ..5 1 FEET ; TIIENCE LEAVING SAID DITCH EASEMENT NORTll 69"07'1 I" WEST 46 .SJ FEET ; TIIENCE NORTH 21 'J9"J5" EAST SJ.91 FEET TO TIIE POINT OF BEGINNING . TIIE ABOVE PAR CE L OF LAND CONTAINS 5692 SQUARE FEET OR 0.131 ACRES, MORE OR LESS . COMMENC ING AT TIIE NOR-nlWEST CORNER OF TIIE EAST ONE HALF OF THE SOUT HEAST QUARTER ; TIIENCE SOUTII 27'01'26" EAST 467 .58 FEET TO A POINT ON TII E WEST LINE OF A OITCII EASEMENT OWNED DY THE CITY Of ENGLEWOOD AND THE POINT OF BEG INN ING , THENCE SOIITII 68"17'41 " EAST60.J9 rEETTO A POINTON TIIE EASTERLY LI NE OF SA Ii) l)lffll F.ASEMEN r ANO A POINT ON A NON-TANGENT CU RVE ; THE NCE CON TIN UIN<, ALON<; TIIE SA ID EASEMENr ANO ALONG TIIE ARC' OF SAID CU RVE TOTIIE RI Gllr 25 !16 FEET wn11 A CE>HRAI. ANGI E OF IJ'l6'42 " IIA VING A RADIUS OF 11 l 02 FEET ANIJ A CHORD DEARI NG SOU1 11 17'44 '48 " EAS r 25 90 l'EETTO A l'UINT. TIIENCE LEAVING TIIE EASTERLY LINE OF SAID DITCH EASl:MENf NOR11168°17'4 1" WEST64 99 FEET TO THE WESTERL\' LINE OF SAID DITCH EASEMENT A NOTO A POll"TON A NON -TANGE N1TUMVE , TIIENCE ALONG TIIE WESTERI ', UNE OF SAID DITCII EASEMENT AND ALONG TitE AM C OF A CU RV E TO TIIE RIGIITIJ 21 FEET WITII A CE NTRAL ANGLE OF 10-ll'Jl" ltA VING A RAlll US OF Ill 94 FEET ANO A CIIORD DEARING NORTII oa·57"34" WEST 2J .2l FEET TO TH E POIN r OF OEGINl"ING ; TIIE AOOVE PAR CE L OF LANO CONTAINS 1275 SQUARE FEET OR 0.029 ACRES . MORE OR LESS . c-----w-W. Na. 0711.07'.02 .ltoly II, 2001 • a* DUWA PIIILLI FORANDO BEIIALFOF ROCKY MOUNTAIN CONSULTANTS , INC . UOI E. PRENTICE AVE . #IOI ENGLEWOOD, CO IOI I I (30)) 741-6000 DATE; W(a1 • SHEET I Of 2 • I 0 I • 0 • • • - EXHIBIT A OONB1IIJC110N 64 EMBf1' EXHIIT e61NJOE COMMENCEMENT NW COit E 1/2, SE 1/4 SEC . 32 40' PERMA NEN r CW&SO EA SE MEN r 20' !OAP . CONST :::I CW&SD EA SEMENT NTS -----· ·---·"·-· ·-·--·"-- EX. CITY Of EN GLE WOOD 50' D11 CH ESM T ROCKY MOUNTAIN CONSULTANTS, INC . uo,,.-.... _,o, I I ; 11mc SHEET 2 OF 2 f"ill (JOl) 741 -IIOI ) I· 0 • • I • .. ,. • -~ LICENSE AGREE:VIENT THIS AGREE:\'IENT , made and entered into as of the /Sf day of ()c_f6/.~:. 2001 , by and between the CITY OF EN GLEWOOD. a municipal corporation of Colorado . hereinafter referred to as ·'City'' and the CENTENNIAL WATER AND SANITATION DISTRICT. a Colorado quasi-municipal corporation, hereinafter referred to as ·'District". WITh'ESSETH : The City without any warranty of its title or interest whatsoever. hereby authorizes District. its successors and assigns, to install a 48'' DI pipe in Arapahoe County , State of Colorado, depicted upon Exhibit A attached hereto and made a part of: I. Any construction contemplated or performed under this License shall compl y with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans appro ved by the City . 2 . The District shall notify the City 's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to . the District· s installation of the 48 " DI pipe so that the City may , in its discretion . inspect such operations . 3. Within thirty (30) days from the date of commencement of construction of said 48 " DI Pipe , the District shall complete such construction, place and maintain permanent. vi sible markers , of a type and at such locations as designated by the City 's Director of Ctilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to is previous condition as near as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified. the Ci ty may complete the work at the sole expense of the District . 4 . The City shall have the right to maintain. install. repair . remo ve or relocate its facilities or installations with in the City's easement. at an y time and in such manner as the City deems necessary or convenient. The City reserves the exclus ive right to control all easement and installations . 5. The stipulat ion and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis . 6 . The rights and privileges granted in this License shall be subject to prior agreements , licenses and/or grants, recorded or unrecorded. and it shall be the District's sole responsibility to determine the existence of said documents or conflicting uses or installations . Englewood -Old Pump Station Crossing -SPDD2 . I • E X h i b i t 3 . 0 • I I • 0 • • , . ... .. • - 7. All trenches or holes within the City 's easement shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . 8. District shall indemnify and save harmless , to the extent of the law , the City , its officers and employees, against any and all claims, damages. actions or causes of action and expenses to which it or they may be subjected by reason of said 48" DI pipe being within and across the premises of the City or by reason of any work done or omission made by the District, its agents or employees, in connection with the construction, replacement, maintenance or repair of said 48" DI pipe. 9. It is expressly agreed that in case of the District's breach of any of the within promises , the City may , at its option, have specific performance thereof, or sue for damages resulting from such breach. 10. Upon abandonment of any right or privilege herein granted, the right of the District to that extent shall tenninatc, but its obligation to indemnify and save hannless , to the extent of the law, the City , its officers and employees. shall not terminate in any event. except as to the Centennial Water and Sanitation District pursuant to the provision of paragraph 8 above. In granting the above authorization. the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City . Enatewood -Old Pwnp Station Crossing -SPDD2. l .. I· 0 2 I • • • .. • - IN WITNESS WHEREOF , this instrument has been executed as of the day and year first above written. ATIEST : Loucrishia A. Ellis, City Clerk APPROVED : LANDOWNER : CITY OF ENGLEWOD ---------· Mayor CThTENNIAL WATER Ai"ill SANITATION DISTRICT Englewood -Old Pump Station Crossin& -SPDD2. I • , . • 1 0 I· 0 • • -• • I• • · .. • - EXHIBIT CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION .. A C ROSSING LICENSE FOR WATERLINE PURl'OSES LOCATED IN TtlE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIPS SOUTH, RANGE 68 WEST OF TIIE SIX rll PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENC ING AT THE EAST QUARTER CORN ER OF SECTION 3 1: TIIENCE SOUTH 27"07'48" WEST 833.49 FEET TO A POINT ON THE NORTIIERLY LINE OF l'ARCEL "G" AS RECORDED AT BOOK S734 AT PAGE 770 AND THE TR UE POINT OF BEG INNING ; TIIENCE SOUTII 03°3730" EAST 20.00 FEET TO TIIE SOUTII ERLY LINE OF SAID PARCEL "G"": 111ENCE CONTINUING ALONG TIIE SOUTHERLY LINE OF SAID PARCEL "'G" SOUTII 86°44'28" WEST 2S .OO FEET ; THENCE NORTII 03°3730" WESr 20 00 FEET TO T IIE NORTIIERLY LINE OF SAID PARCEL "G"; TIIENCE ALONG THE NORTIIERI.Y LINE OF SAID l'ARCEL "G"" NORTII 86"44'21" EAST 25 .00 FEET TO THE TRUE POINT OF BEGINN IN G: THE ABOVE PARCEL OF LAND CONTAINS SOO SQUARE FEET OR 0 .0 12 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF TIIE SOUTIIEAST 1/4 OF SAID SECTION 31, BEARING NORTH 00"18'S 7" EAST. Crouina Licaa A..-,- Ensor R1w W- Job No . 2l9S.020.0l September 11 , 20(11 • a,lc SHEET I OF 2 • I • 0 - • • -• • • - EXHIBIT :EiE! J/ .:j :Ei.:! Jj :jj HTS CIT Y OF NGL WOOD POINT OE COMMENCEMENT E1 /4 COR . SEC 31, T5S R68W, 61H P.M. BOOK 1517. PAGE 357 ~ \ EXISTING ES!.H. I I I I ~ I I SOU iH ,,,.----I I LJI. ii£. I I p RI/ TH P A rJ E PARK I \ ~I,:: p JI. " BOU NDARY I I , (/) w -Vl (/) . <1~ P AR CEL "G" IIl ::; N86.44 '2B"E 25.00' [XIS TING CW&SD ESM Tl\ :i; BK · '3 4. PG 770 ~ N03:J 7'30 "W , I 20. q_a ___ ----_, I 1 1 S03:J7'30"£ I_J I , EXISTING CITY OF El<GLEWOOD ESM T BK 27 J3. PG 596 PARCEL "G" CW&SO ESMT BK 53 74 , PG 770 ,--T -1 20.00 I \ \-----S86~44'2B"W 1 -, \\ EDNA ENS OR I 25. 00 1 \ I .J BK 380 8 . I 1 • 7 -t--PG 326 I .L I I ---, I I SE CCR I I SEC 31 ~------.l -..i; EXISTit.G I \_I CW&SD ESMT. XI TING I BK 6 719. PG 50 7 L-4-----;c~w::;:&SD Est.tti I BK 6 71 9 :-P G 508 \ PAR CEL "G" P AR CEL "B " EXI STING CW&SO ESMT BK 5734, PG 770 EXISTING CW&SD ESM T BK 5734 , PG 770 11mc ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2 llOI (. ~...tic• A.I. Sule 101 ............... CIJ, CO IOII I (JOJ) 141-IOOO FAX (JOJ) 741 -IIOI 2 I • 0 • • • • - TE:'vlP O RAR Y CO ·sTRCCTION E . .\SE:VIE'.\T THIS . .\GREE'.\IENT. made and entered int o as of the r"rday of c~{~lt... 2001. by and between the CE . TENNIAL W . .\ TER AND SA.NIT . .\ TIO DISTR1CT C Centennial""). a Colorado quasi-municipal corporation whose princ ipal place o f business is 62 West P!aza Dri ve. Highlands Ranch. Colorado 801:?9 and the CITY OF E:SGLEWO OD ( .. Englewoo d'"). a Colorado municipality whose princ ipal place of business is 1000 Englewood P:irkway. Englewood. Colorado 80110 . WHEREAS . Centennial desires to install a 48 .. DI pipe through Englewood·s easement: and WHEREAS , Centennial is required to install a 48 .. DI pipe in l11 Englewood easement in the location depicted upon Exhibit A anached hereto and made a part hereof (.the .. Project'"): J11d THE P . .\RTIES covenant and agree as follows : 1. Description of Project. Centennial will install a 48 '. DI pipe by open cut in Engle wood · s easement beginning in December 200 I . After the pipe is installed . which is no later than April :?002. Centennial will do what is reasonably nece ssary to restore the property to the original condition . 2. Ri2ht to Store Materials : Englewood agrees to permit Ce ntennial or it" s Con tractor. in conjunction with the construction and installation of the pipe. to store pipe and equipment on the site as indicated on the anached drawing . Centennial agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times . Centennial further agrees to comply with all State and Federal statutes and regulations regarding the handling , storage and clean up of l11 Y haz:irdous material used by Centennial . its employees. agents and assigns in conjunction with the Projec t. The location of the Temporary Construction Easement is as depicted in Exhibit .. X .. 3. Lenszth of . .\izreement : This agreement shall expire on . .\pril. :?00:?. However. the installation of the 48 .. DI pipe shall not begin be fo re December :?00 I. 4 . 5. Access : Centennial or its Contractor shall have temporary non-e xclusi ve ri ght to enter the property for any reasonable purpose necessary for the construction of the Project subject to the following restrictions : 1) Normal working hours shall be from 7 :00 a .m. to 6 :00 p .m., 2) The operation of equipmeni and heavy trucks will be permined on the property only during normal working hours, 3) Centennial will comply with all City of Linleton requirements regarding emergency access to the property . Restoration : Centennial or its Contractor will do what is necessary to restore the property to its original condition including but not limited to : regrading the property under this a,reement and restoring the property . The restoration is to be completed by the expiration date of this Temporary Easement. Englewood -Old Pump Station Crossing -SPDD2 . I • E X h i b i t 4 ) I • 0 • • • • ... • -.. 6. Site Condition : Centennial or its Contractor will provid · security for the site at all times. In addition. Centennial will endeavor to keep the site in . visually acceptable manner during the terrnS of this agreement, and Centennial will maintain adequate dust control either by regularly spraying the exposed soil with water or other acceptable means . 7. Liabilitv : Centennial or its Contractor agrees to be liable and hold harmless Englewood. its employees. tenants, guests and invitees, from any claims. causes of action, and liability which may occur as a result of the actions of Centennial including the cost of defending against such claims. 8. Insurance: Centennial or its Contractor shall maintain in full force and affect a valid policy of insurance for the Project in the amount of $600 ,000 property coverage and $600 ,000 liability coverage . Centennial or its Contractor further agrees that all Centennial or its Contractor employees, contractors and subcontractors working on the Project, shall be covered by adequate Worker's Compensation. CITY OF ENGLEWOOD Sil.uJi~ Stewart Fonda Director ofUtilities CENTENNIAL WATER AND S~'-IITA TION DISTRICT k¥.ca'.se District Engineer Englewood -Old Pump Station Crossing -SPDD2. l .. I· 0 2 • • • i,. ••. • • EXHIBIT A CONSTRUCTION EASEMENT LEGAL DESCRIPTION .. AN EASEMENT FOil CONSTIIUCTION PURPOSES LOC.HEO IN THF. SU HIEAST QUARTER Of SECTION 31. TOWNSHIP 5 SOlJTII. RANliE 61 WEST Of TIIE SIXTII PRINCIPAL MERIDIAN. MORE PIIRTICULIIRLY DESClllBED AS FOLLOWS: COMMENCING ATTIIE NORTIIEASTCORNER Of TIIE SOUTIIEAST(}l 'ARTER 0 1' SAID SECTION JI ; TIIENCE sourn 26"26'2r WEST 850.74 FEET m !\ l'OINTONTHE SOlf l It l.lNE OF!\ CENTENNIAL WATER !\NI) SANITATION OISTlllCTEASEMENT !\S RECORDED IN DOOK 5734 AT l'I\GE 770 AND THE NORTH LINE Of!\ CITYOf ENGLEWOOO EASEMENT AS RECORDED AT UOOK 273l AT PAGE 598 AND TIIE POINT OF BEGINNING; TIIENCE SOUTII 03°3T30" EAST 3604 FEET TO!\ POINTON TIIF. NOR 1"111.INE OF A rENTENNIAL WATER !\NU SANITATION DISTIIICT EASEMENT AS RECOR OED IN llOOK 67 19 AT PAGE 507 , TIIENCE SOUTII 86"44'2r WEST 111 .09 FEET ALONG THE NORTH LINE OF SAIi) C W&SD EASEMENT.!\ CW&SO EASEMENT RECOROEU IN BOOK 6719 AT PAGE 508 AND A CW&SD EASEME N I RELORO F.0 AT BOOK 5374 AT PA GE 770 TO A POINTON TIIE SOUTII PLATIE PARK OOUNOAR\'. 'nlENl'E O RTH OJ"J7'J U" WEST !\LONG SAID SOlffil PLATTE PARK BOUNDARY 16 00 FEET; TIIENrE , ORTll 86"22"30" EAST 86 09 FF.ET : THENC E NORTH OJ 0 3T.IO" WEST 19.49 FEET TO A POINT ON SAID CENTENNIAL WA 1 1:R "-D SANITAT IO N DIST RI CT EASEMENT; THENCE NOllTH 86°44'28" EAST ALONG SAID EASEMENT 25 00 FEET TO THE POINT OF BEGINNING; TIIE ABOVE PARCEL Of LAND CONTAINS 2302 SQUARE FEET OR O OS J AC RES BEARINGS AIIE BASED ON THE EAST LINE Of THE SOUTIIEAST 1/4 O F SAID SECTION J I , BEARING NORTH 00"1 rsr EAST. c_.....e- e.-11a.w- Job l'lo. 23'5.020.0) dwaJ Oc-.1,2001 ·1* SHEET I OF 2 ' ~ • I • 0 l •' • • • ... ,L • -... EXHIBIT A 03".J7'JO•w 16.00' [XIS TING CITY Of ENGLEWOOD ESIA 1 BK 2733, PG 598 PARCEL "G" CW&SD ESIAT BK 5374 . PG 770 HI l .. 1 DD(I N01 MPIIDDIT • ......,. • ..,.,.n••• NIOIIID n, IIPICf 1Nl -.nAOO ·--- POINT OF COMMENCEMENT E1/4 CCR, SEC 31, T5S R68W, 61H P.M . EDNA EN DR BK J808. I PG 326 I I I I I I I C) \;; ~ z et:: 0 <( ;::: W1~ ~\I:. 0 :::- l/) ~ ui I • <( 'i PAR CEL "G" CD I:::; EX ISTING CW&SD ES IA T\vi BK 5734. PG 770 .'.5 586"44 '2{fW \ 111.09 --, ~t\j EDNA ENSOR\ l _ 1 BK 3808, I -I PG 326 I ~------J- I XITitlG~ CW&SD ESMT BK 6719, PG 508 SECOR SEC 31 EX ISTING CW&SD ESIAT . BK 6 7 19 , PG 507 PARCEL "G" SEC 32 PARCEL "B" EXISTING CW&SD ESIA T BK 5734, PG 770 EXISTING CW&SD ESIAT BK 5734, PG 770 11mc ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 2 OF 2 rM (JOl) 741 -IIOI • ) I • 0 • , . • - BY AUTHORITY ORDINANCE NO~ SERIES OF 2001 COUNCIL BILL NO . 72 INTROD UC ED BY COuNCIL MEMBER GARRETI' AN ORDINANCE APPROVING SUPPLEMENT NO. 151 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS , Southgate Sanitation District recommends the inclusion of approximately 2.3 acres mto the District: and WHEREAS, said inclusion is located at 5615 South Colorado Boulevard in Greenwood Village: and WHEREAS, the zoning of this property in Greenwood Village is for R-1 Residential Zoning and the proposed use is to remain the same; and WHEREAS , said annexation of this additional parcel of land will not increase t he tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 151 to the Southgate Sanitation District at its October 9 , 2001 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjop l. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement ~o. 151 , to Connector's Agreement", wluch includes approximately 2.3 acres located at 5615 South Colorado Boulevard in Greenwood Village , is hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached hereto a s "Exlub1t l " and mcorporated herein by reference . Sectjop 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced , read in full, and passed on first reading on the 5th day of November, 2001. -1- 10 b iii I • 0 • • • • . .... • - Published as a Bill for an Ordinance on the 9th day of November, 2001. Read by title and passed on final reading on the 19th day of November, 2001. Published by title as Ordinance No.~ Series of 2001 , on the 23rd day of November, 2001. ,L , Mayor A'M'EST : Loucnstua A. Ellis, City Clerk I , Loucnstua A. Ellis, City Clerk of the City of Englewood , Colorado. here by ce mfy 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. Loucrislua A. Ellis -2- ... . ' 0 I • 0 ··' • • • ,,,-. • J • •• r . ' - • -.. SUPPLEMENT NO . .al_ TO CONNECTOR'S AGREEIENT THIS AGAEEIEff. mme and enw9C1 --, t,y and i:.r-t !he CITY OF INGLEWOOD. adi,g t,y and lf1n:UII ill~ llftnmd ..... and City Clertt. twaeia.,. Clled the "CJtr, • and SOUTI4GATE SMITATION DIST1KT, ....,._ and Douglas Countin. Colorado. ~ called !he '1:Hloict.. WITNESSElH: YJI IE II.AS. on the 20II ca, of June. 1191 . the City and tile Oillric: .-.d '*' an "9-·*" ., whld1 !tie c;ay ag,..s to,---ve ong.nalir,g rrom :11e Oillnd's a,ary __. ~""""" !tie -.....0 tly Ille Oiar1c1. whC'I ~ · ·-most ,-Illy~ tly Connedcr'I Agl-1•1t dale!~ 18, 19U; and WHEREAS. taid ConMC::ars ~ ,I provides that me dlllrid may nol 11111191 itl .-va -wiltloul tt1e Mlllln ccn1111t of the c;1y; NOW, THEREFORE. in c::inSlderllicn of tt,e mutual c:cvenants and undertakin9I tw9in WI form . !he ;,an.a 19'" n follows : 1. The c ;1y !'ler9oy consents !O me incuS10n of c:enain additional area located ,n Arapahoe C..--unty . Colorado . ownea :,y !lillcl!NI L & !llarilyn J ... nco- Johnaon and more fully desc:1bed on Exhibit A attac:,ea ~erero and ,~ed herein t,y '*9nce. into Southgate San,tanon Distnc:. The Cily ~ :hat said aacitlonai area may be Nl'«l Wllt'I tt,e -'ac:iities of :he Dislnc:. Jnd ttm :he Cily ·Mil :reat the sewage disd'larged :nto the c ;1y·s :runk !ine frcm sate acaibonal 3rea . alt ,n ac=rcance ·#Ith :he Connedcr's "9_,,.,,t date-= Novemcer 16 . 1988 . Ac:::::rcingly . :xn,brt A referred :o ,n ~ 1 of!tleConnec:c,'s~dated Novemcer 16. 1988. is nereoy Jmended liCI include such additional area . 2. Eac!1 and ~ other ::,rov1S10n ,;it :lie said Connec::ol's ~ent daled November 18 , 1988 . snail -emen unchangea. IN WITNESS WHEREOF, :he ;,arttn have set :t,e,r hands and seals :hrs _day of_. 200 1. ATTEST : CITYa.!RK (SEAL) ·,~· •• • •• t , • • .. . ··*"' . . • . ~ .. ·' ....... ~. -· CITY OF ENGL.=wooD By :---------- IIAYOR SOUTHGATE SANITATION DISTIUCT, ARAPAHOE AND DOUGUS COUNTIES, COLORADO By.A~~« • E X h i b i t 1 . l " I . 0 • • • • .. , ... • - EXHIBITA The Eat 112dTract 281, South o.nv. Glrdlns. Arapahoe Calny, Slalll d ColonldO .. . .. . . ) I· 0 2 • ' / __ ., :JL_ • . 1 ·1 SEC' 13 .. 0 • - -·· . . ,<·-~= .. I 1; .. _·_,1 :_ .-:~.:-:-~.:_ .......... ~ ... _,_ ;.· I . 0 • • • ORDINANCE N0.1]J_ SERIES OF 2001 • • • ... BY AUTHORITY .. COU. ·cIL BILL NO . 73 I .TRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AJ.J INTERGOVERNMENTAL CONTRACT BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD . COLORADO , RELATING TO THE LAW ENFORCEMENT ASSISTAKCE FU ND (LEAF) PROGRAM. WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Contract relatmg to the LEAF program by the passage of Ordinance No . 49 , Series of 1996; and WHEREAS , the Englewood Department of Safety Services has s ubmitted a n application to the Colorado Department of Highways. Office of Trans portation Safety, for funding to conduct a program under the Law Enforcement As 1stan ce Fund (LEAF) for use in the detection and apprehens10n of DCI drivers witlun the City of Englewood; and WHEREAS, pursuant to 43-4-404 , C.R.S ., the State is authorized to allocate LEAF funds by contract to local cities and counties to benefit the he alth and afety of persons in Colorado by the implementation of local programs developed by the se local authorities for drunken driving prevention and law enforcement improvem e nts ; and WHEREAS. the total budget amount authorized by the contract for the actual costs of the project work is 533 ,000 with the State s contribution equal to 100 % of the $33 ,000; and WHEREAS. the Englewood Department of Safety Services has available the technical ability to properly perform the proiect as descnbed in the applicat10n and to address the LEAF objectives of the State Legislature ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon l. The mtergovernmental contract between the State of Co lorado , for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, and the City of Englewood , for the Englewood Department of Safety Services , (Police Department), a copy of which marked Exlubit A, is attached hereto and incorporated herein by reference known as L-29-02 , is hereby approved by Englewood City Council. -l • • 10 b iv I • 0 - • • • .. • -.. ~-The Mayor and City Clerk are hereby authorized to sign and attest said Contract on behalf of the City of Englewood and the Englewood Department of Safety Services. Introduced, read in full, and passed on first reading on the 511, day of November, 2001. Published as a Bill for an Ordinance on the 911, day of November, 2001. Read by title and paased on final reading on the 19th day of November, 2001. Published by title as Ordinance No._, Series of 2001 , on the 23rd day of November, 2001. Thomas J . Bums, Mayo r ATTEST: Loucriahia 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 -2- • • • J I. 0 - • • • • - DEPARTMENT OR AGENCY NUMBER: L-29-02 CONTRACT ROUTING NUMBER: 01 HTS CONTRACT THIS CONTRACT, Made this day of , 200_, by and between the State of Colorado , for the use and benefit of the Colorado Department of Transportation , Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State'') and the City of Englewood. for the Englewood Police Department. 3615 S . Elati Street. Englewood , CO . 80110 (hereinafter referred to as "the Contractor"). WHEREAS. authority 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 Number 403 , Appropriation Code 304, ORGN 9849 , Contract Encumbrance Number 9586 , FEIN# 846000583-F and GBL #29 ; WHEREAS , required approval , clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS , the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404 , CRS , replacement edition); and WHEREAS , LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs ; and WHEREAS . pursuant to )43-4-404 , C .R.S .. the State is authorized to allocate LEAF funds by contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS , the Contractor has submitted a LEAF project funding Application , which has been approved by the State ; and WHEREAS , the Contractor has established a qualified program , consistent with current State Highway Safety rules at 2CCR 602-1. to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction ; and WHEREAS , the Contractor has available the technical ability to property perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature ; and WHEREAS , this Contract is executed by the State under authority of 29-1 -203 , 43-1 -106, 43-4-402 and 403 , and 24-42-103 CRS, and by the Contractor under sections 29-1-203 and 30-11-101 . 31-15-101 CRS or home rule charter, as applicable, and the attached resolution . Page 1 of 7 Pages -. • • " .. I • I T A ) I . 0 • • • • - NOW THEREFORE , it is hereby agreed as follows : 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated February 1, 2000 and LEAF Application Guidelines . the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract . The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual , the Application Guidelines , and the State Highway Safety Rules . The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials , the following priority shall be used to resolve such conflict : A . State Highway Safety Rules ; then B . LEAF Contract Management Manual and Guidelines ; then C . This Contract; then 0 . Attachments A , B, C , in that order; then E. Approved Application . 2 . The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively , "the project"). 3 . The Contractor shall submit quarterly reports to the State detailing the performance of th is Contract according to the reporting criteria described in Attachment 8 . 4. Project Funding Provisions . The total budget amount authorized by this Contract for the actual costs of the project work is $33 ,000 , as described in Attachment C. The State shall participate in the payment as provided herein . State 's maximum (from LEAF) TOTAL AMOUNT $33 ,000 $33,000 The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum . If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs . The State budget amount will be provided solely from LEAF funds as outlined in the letter of approval for 2002 LEAF funds mailed to the Englewood Police Department attached hereto as Attachment 0 . Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract . The State will pay the Contractor for actual costs incurred on a quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 5 . The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein . The Contract shall begin January 1, 2002 , and shall terminate on December 31 , 2002 . Page 2 of 7 Pages -. I . 0 - • • • • - 6 . The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meet all applicable State and Federal requirements and must be approved by the Office of Transportation Safety prior to execution by the Contractor. 7 . a) Termination Due to Loss of Funding . The parties hereto expressly recognize that the Contractor is to be pa •d , reimbursed , or otherwise compensated solely with certain funds provided to the State for the purpose of contracting for the services provided for herein . Therefore , the Con- tractor 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. b) Termination for Cause. If, through any cause , the Contractor shall fail t 'ulfill in a timely and proper manner the obligations under this Contract . or shall violate any of the cc ~nants. agreements or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination . In that event. all finished or unfinished documents , data. studies , surveys , drawings , maps . models , photographs . and reports of other material prepared by the Contractor under this Contract shall . at the option of the State , become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . Notwithstanding the above , the Contractor shall not be relieved of liability to the State for any damages sustained by the State party by virtue of a breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined . c) Termination for Convenience . The State may terminate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project . The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof. at least twenty (20) days before the effective date of such termination . 8 . The Contractor shall adopt a resolution substantially in the form presented by the State , which approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9 . 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 emplcyee of the state, and they shall have no authorization , express or implied, to bind the state to any agreements. settlements, liability , or understanding except as expressly set forth herein . The contractor shall be responsible to the state for the ultimate results of performance required hereunder but shall not be subject to the direction and car. :ol of the state as to the means and methods of accomplishing the results . The specifications in this contract of particular performance standards the state deems essential to proper performance and contract value shall in no event be deemed to alter this relationship . Contractor shall pay when due all required employment taxes and income tax withholding, including all federal and state income tax on any moneys paid pursuant to this grant contract. Page 3 of 7 Pages • • ) I· 0 • • • . . . . ' .. • - The contractor shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents . The contractor acknowledges that contractor and its employees are not entitled to the benefits of worker's compensation insurance or unemployment insurance unless the contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. Page 4 of 7 Pages • ... .. ) I· 0 • ' . .. • • • .. IN WITNESS WHEREOF. the parties hereto have caused the foregoing contract to be executed by their duly authorized officers the day and year first above written . City of Englewood Contractor:-------- Position : llayor/Commiuioner Contractor: 6~ Position: ChlefJSherltf APPROVED AS TO FORM: City of Englewood AtlDmey ATTEST City of Englewood Clerk FOR THE STATE CONTROLLER ARTHUR L BARNHART By : _________ _ GEORGE MCCULLAR. Controller Colorado Department of Transportation STA TE OF COLORADO BILL OWENS, GOVERNOR By: ___________ _ TOME. NORTON Executive Director Colorado Department of Transportation By :------------ TOM E. TALMADGE Director of Staff Services Colorado Department of Transportation ATTEST Chief Clerk Colorado Department of Transportation APPROVALS KEN SALAZAR Attorney General By (WAIVED ON 4-17-98) JAMES MARTIN Assistant Attorney General Civil Litigation Section Pagelof7Pages •· .. I . 0 • • ---. • ·,, • - 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 such assistant as he may designate. This provision is applicable to any contract 1nvolv1ng the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted . and otherwise 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, road. bridge. viaduct. tunnel. excavation or other public won< for thta State. the Contractor shall. before entenng upon the performance of any such wor1I 1nduded in thia contract. duly execute and deliver to the State official who will sign the contract. a good and sufficient bond or other acceptat,le surety to be approved by said ofllcial in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond Shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition , Shall provide that tf the Contractor or his subcontractors fail to duly pay for any labor, materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such Contractor or his subcontraclor in performance of the won< contracted to be done or falls to pay any person who supplies rental machinery, tools. or equipment in the prosecution of the worlt the surety will pay the same in an amount not exceeding the sum speofied in the bond , together with interest at the rate of eight per cent per annum. Unless such bond is executed. delivered and filed . no cla,m in favor of the Contractor ans,ng under such contract shall be audited. allowed or paid . A certified or cast,ie(s check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. Th11 prov,• on ,s ,n compliance wrth CRS 38-26- 106. INDEMNIFICATION 4. To the extent authorized by law. the Contractor shall indemnify , save. and hold harmless th e State. ,ts employees and agents. against any and all claims. damages. liability and court awards including costs. expenses . and attorney fees incurred as a result of any act or omission by the Contractor. or its employees . agents. subcontractors . or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Con1ractor agrees to comply with the letter and spirit of the Colorado Antidiscnmmation Act of 1957 . as amended. an d other applicable law respecting discnmination and unfair employment practices (CRS 24-34-402). and as required by Executive Order, Equal Opportunity and Affirmative Action. dated August 1987. Pursuant thereto. the follOW1ng prov,s,ons shall be contained in all State contractor subcontracts. During the performance of th is contract. the Contractor agrees as follows : (a ) The Contractor will not discnminate against any employee or applicant for employment because of race. creed. color. national ong,n . sex . mantal status. religion . ancestry, mental or physical handicap, or age. The Contractor w ill take affinmative action to insure that applicants are employed. and that employees are treated during employment. without regard to the above mentioned characteristics . Such action shall include. but not be limited to the following : employment upgrading, demotion or transfer. recruitment or recruitment advertising; lay-offs or terminations: rates of pay or other forms of compensation : and selection for training , ineluding apprenticeship . The Contractor agrees to post ,n conspicuous places. available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of th is non-discrimination clause. (b ) The Contractor w,11 . ,n all solicitations or advertisements for employees placed by or on behalf of the Contractor. State that all qualified applicants w,11 receive consideration for employment w.thout regard to race. creed. color, national origin . sex . marital status , religion . ancestry . mental or physical handicap, or age. (c) The Contractor w ill send to each labor union or representative of worlters with which he has a collective bargaining agreement or other contract or understanding. notice to be provided by the contracting officer, advising the labor union or worlters· representative of th e Contractors commitment under the Executive Order, Equal Opportunity and Affirmative Action. dated August 1987 , and rules . regulations, and relevant Orders of the Governor. (d) The Contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of August 1987, and by the rules, regulations and Orders of the Governor. or pursuant thereto, and will permit access to his books. records , and accounts by the contracting agency and the office of the Governor or h is designee for purposes of investJgation to ascertain compliance with such rules regulations and orders. (e) A labor organ,zation will not exclude any individual otherw ise qualified from full membership rights in such labor organization , or expel any such ,ndivtdual from membership in such labor organization or discriminate against any of its members in the full enjoyment wont opportunity because of race, creed. color, sex , national origin, or ancestry . Page 6 of 7 Pages • • I • 0 - • • • -.. (f) A labor organization . or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defined 1n this contrac1 to be disaiminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder: or attempt. either directly or indirectly . lo commit any act defined in this contract to be disaiminatory. (g) In the event of the Contractor's non-compliance with the non-discrimination dauses of this contract or with any of such roles . regulations, or orders. this contract may be canceled. terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Slate contracts in accordance with procedures. authorized in Executive Order. Equal Opportunity and Afllrmative Action of August 1987 and the n.iles. regulations. or orders promulgated in accordance therewith . and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive OrdeB. Equal Opgortunity and Aflirma!MI Action of August 1987. or by roles. regulations , or orders promulgated in accordance therewith. or as otherwise provided by 1-. (h) The Contractor will indude the provisions of paragraphs (a) through (h) in every subcontract ana subcontractor purchase order unless nempted by roles . regulations. or orders issued pUr$uant to Executive Order. Equal Opportunity and Afflrmanve Adion of August. 1987. so Iha! such provisions will be binding upon each subcontractor or vendor. The Contractor WIii take such action With respect to any ~ or purchase order as the contracting agency may direct. as a means of enforang suet, proVISIOns . induding sanctions fer non-compliance; provided, however. that in the event the Contractor becomes involved 1n . or 11 threatened wtth . litigalion .. :h the sutlconllactor or vendor as a re~ult of such dlntc:tion by the contrac:ling agency . the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE ea. Pl'OVIIIOM of CRS 8-17-101 & 102 for preference of Colorado labor are applicable 10 this contract 1f public worils wlth,n !he State are undertaken hereunder and are financed in whole or in part be Slate funds. b. 'Mien a construction contract for a put,lic: project is to be -arded lo a bidder. a resident bidder shall be allowed a preference against a non-felident bidder from a Slate or foreign country equal to the preference given or required by the State or foreign country in which !he non-resident bidder is a l'IISldent. If it is determined by the officer responS1ble for awarding lhe bod that comoliance With this subsection .06 may cause denial of federal funds which would otherwise be available or would othen•nse be 1ncons1stent with niquirements of Federal law. this subsection shall be suspended. but only to the extent necessary to prevent denial of me moneys or to eliminate the incons,stency With Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and reguoations issued pursuant thereto shall be applied 1n me interpretation . !!xecubon. and enforcement of this contract. Any provision of this contract whether or not incorporated here,n by reference whoc:n provides for arbitration by any extra;udic:ial body or person or which is otherwise in conflict with saic ·aws. roles . and regulations shall be conS1dered null and void. Nothing contained ,n any proviSlon incorporated herein by reference which purports to negate this or any other special provision in whole or 1n part shall be valid or enforceable or available in any action at I-whether by way of complaint. defense. or otherwise. Any provision rendered null and void by the operation of this proviS10n will not invalidate the remainder of !hos contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract. the Contrac:ior shall stnctly adhere to all applicable federal and State laws. roles . and regulations that have been or may hereafter be established. 9. Pursuant to CRS 2'-30-202.• (as amended). the Slate Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (al unpaid child support debt or child support arrearages : (b) unpaid balance of tax. accrued interest. or other charges spe, lied in Artide 21 . Titte 39. CRS; C unpaid loans due to the Student Loan Division of the Department of Higher Education: (d) owed amc .nts required to be paid to the Unemployment Compensation Fund : and (e ) other unpaid debts owing to the State or any agency thereof. the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller . 10. The signatories aver that they are familiar with CRS 18-a301 . et. seq .. (Bribery and Corrupt Influences) and CRS 18-8-401 . et. seq .. (Abuse of Public Office). and that no violation of such provisions is present. 11 . The signatories aver that to their knowledge. no State employee toas any personal or beneficial interest whatsoever in the service or property desc:riDed herein: Page7of7Pages • ) I • 0 - • • • • -.. COLORADO DEPARTMENT OF TRANSPORTATION I~AF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF araiect I L-29-02 Responsible Agency -~ Police Department Contract Period 1-1-112 through 12-31..02 Project Coordinator Division Clllef Robert Moon Ill LEAF Objective: • L-29-02: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the City of Englewood by performing dedicated DUI enforcement and activities described in the Approved Application and summarized below . 1 2 3 4 Actlvltv Description Provide officers through out the term of this contrad to perform dedicated DUI/DRE enforcement duties and activities within the City of Englewood as stated in the Approved Application. Condud at least two sobriety checkpoints or saturation patrols during 2002 . This can be in cooperation with a nearby agency , the State Patrol or solely by the Englewood Police Department. The Englewood Police Department wiU be actively involved in CDOrs DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach. hosting media ride alongs and similar activities . The Englewood Police Department will report back the requested data to COOT by the specified times. Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the Englewood Police Department by 20% from the 2001 level. • •· 0 • I'•,.: • - COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRrERIA I LEAF Project• L-~2 -Englewood Polle• Department .. 1 ). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity accomplishments as required by Contract Number L-29-02 during the reporting period . The Englewood Police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports . All recipients are required to use the software so the Colorado Department of Transportation can better manage the statewide LEAF program . 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterty Reports are not current or are not compiled using the LEAF Grant Manager software program . 3). Upon completion of all LEAF activity the Englewood Police Department will submit a Final Report in accordance with the LEAF Contrad Management Manual. I . 0 • • • '· <' • -' COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C I LEAF Project• L-29-G2 -Englewood Police Department TOTAL LEAF Funds $33,000 EXPENSES Cataaory LEAF Funds Personal Services $33,000 Operating expenses $ Capital equipment $ Travel expenses $ TOTAL $33,000 -. • ' . .. I . 0 • • • ORDINANCE NO._ SERIES OF 2001 • • - BY AUTHORITY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BE'IWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) AND THE CITY OF ENGLEWOOD FOR A GRANT PERTAINING TO A SMART GROWTH HOUSING STUDY. WHEREAS, City of Englewood and RTD applied to the Colorado Department of Local Affairs (DOLA) for a grant to assess the housing market focused on the General Iron Worka redevelopment and workforce housing in the Southwest Corridor; and WHEREAS , the DOLA Grant of $19,000, will be for the assessment of the housing market at the new Bates Station as well as T r ansit Oriented Developments (TOD) generally ; and WHEREAS, Englewood was designated as a ·'Gove rnor's Co lorado Heritage Community 2001" in the program run by the Smart Growth Division of the Department of Local Affairs; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement between the Colorado Department of Local Affall's (DOLA) and the City of Englewood, a cop y of which is marked as "Exhibit 1" and attached hereto. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 1911, day of November, 2001. -1- • ) I • () • • • , . .. .. • -' COUNCIL COMMUNICATION DATE: AGENDAITfM SUBJECT: ovember 19, 2001 11 a i Intergovernmental Agreement Smart Growth Housin11. Studv INmATEDBY: STAFF SOURCE: Community Development Deoartment Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Afformble housing and housing options CityCenter and General Iron Worts Redevelopment RECOMMENDED ACTION: Staff recommends that City Council approve the attached Bill fo r an Ordinance approving an Intergovernmental Agreement (IGA) between the City of En glewood and the Colorado Department of Local Affairs (DOLA). The Agreement is necessa ry fo r th e Ci tv to acce pt S 19,0 00 in grant funding for a housing stud y focused on the General Iron W o rk s rede, elo pment and w o rkforce housing in the Southwest Corridor. BACKGROUND: Englewood together with RTD applied for and received a $19 ,000 grant award to assess the housing market at the new Bates Station and in Transit Oriented Developments (TOD ) generally. Along with the grant to study the supply and demand for TOD housing, Englewood was designated as a "Governor's Colorado Heritage Community 2001" in the program run by the Smart Growth division of the Department of Loc al Affairs. Englewood's Charter requires an Ordinance by C ouncil to enter into an Intergovernmental Agreement to accept grant funding. FINANCIAL IMPACT: Englewood expects to receive S 19,000 in the initial phase of the agreement. Staff is also workin on the scope of work for additional analysis of the real estate market at Oxford Station for a comparable amount of work and funding. The IGA permits the City to be reimbursed for expenses attributable to the analysis . Initial DOLA grant funds leverage City resources to co mplete the affordable housing analysis promoting GIW redevelopment. UST OF ATTACHMENTS: Bill for Ordinance Intergovernmental Agreement • 'I I • C, • • .. • - Published as a Bill for an Ordinance on the 23"' day of November. 2001. , 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 l!JU' day of November, 2001. Loucrishia A. Ellis -2- '> • I I • 0 • • • OIPGP -#00 1 12A Elf9c::lve 10/2000 0 0 - THIS CONTRACT. mede !his __ day af 2001, t,y and '*-1 !he Stam of Collnda rar !he uw n ~ at ttJt PtPwlrntrn gt bee Alfan, 131 J snwmao SJrNtz Ptrn-Colorado l!mlL. hawwftlar r9'wred ,., • the Slale. and "" e;tv gt ;.'lCHMICld,, ~ooo E!JPll!!9RO ewmv E."IGlllwcod. CglcnCo 801 10 • r. .. aalw l"9MfT9d :0 a !fie Comrar::or. WHEREAS.~ rity Pim in the Law and Funds"-been~ 4&il)i up iaact and odlerwisa made awllilllle 111C1 I sdlla.-.inencumbered blllanc:e ~ :"efflail'ls avaiaille far ;ayment in ;::w,d Number~ ,tQa,ucwiele>i, Code Numoer _m_, Org. Unit FJOO • Gel Contract encwntnnce Numbw fl29Pl1 ,z-· and WHEREAS. rwquirld aoon:,va. dearlnce and cocrdlnallon i.ve !leer! aa:cmpilhed fn>m and wi1h app.up,-agendel: and WHEREAS. itle St.la delirea :o aaailt !ocal government, and pcilllcal subdMslons of ttie SIIR !t1at are ~ilncil,g social and eainomic: impac:IS reuting from rapid ;x,puladan ~ 111 Colorado: ar.d WHEREAS, punuant tg -=on C.R.S . 24-J2..J201 to 2~-3209. !he 2000 General "-'11,jy. 1lrougt, HauN Bil 1'27. c:ralld within the ~ent of Local Affan (DCLA), !he Cfflce cJ Sma1 GrawCh (OSG) to be l'IMdlcl t,y !he E.xealtive Dinldcr of !he DCL.A With the ~ and dudes to adminilW '1le OSG to inciuae tne nMIWlllq and acpraval of .t!Jplicalions iar Coloracso Herit:a;e ?!arming Grant Pn,gr;arn (CHPGP) Fw,cis (the Fund) N8l:leC :iv the OSG tc !tlON eligible ;,ertlc:pams (one or :nore local go,,wnmentS) !hat salisfy m rec;unments for grant ellgaellity l)Ul'3U8nt to C.R.S . Sec:lon 24-32-:3203 (3}; Ind WHEREAS. !he Connc:cr. a pallllcal sut1eiltlsion eliglilie to r-..;w. C?MGP Fund • · t1C11. nas applied · ID!he ~for a11 ·na; and WHEREAS. !he Eiillaltlve Dlrec:arof:l'le Depattmentdesns tDdlstnbute said f\Jl'IOS pursuant:n law fcr!he Prqed uoon mulllally agrwacle !8fmS and c:cndlllons as llet9lll8ftlr set fam. NOW THEREFOR£. it is hereby agreed :nat: 1. Sg,pt gf Sfflicas . In consderaUon for :t:e rr.on,es :o be reGlived from !he State. !tie C.,,,nc:cr snail do, ;:,erform , and <:ary out. :n a satistadoty and ;,rcper :nanner. as dWmined t,y !tie S... all wait !lemenls as lndlcalld in the "Scope of Services", secfat1h in !he attached Exhibit A. her9inaftlr!'9NlfflllC !Dasltle "?rojec:. • Woric pe,bmed prior to !he uacution ol tl'lis Connet snail net be ccnsideNd par! of 2'11 l'!cJec. 2. Responu,18 Admir.istralcr. The perfcrmance at !he savims ~ '-1lder ltlall :,e unc:. '11• dhCf sup, "Vision at Mar1C Graham an employee or ~ at :tie Conlrac=r, ·.no is heretly deslgnatad as 1he adrnNllllralOr-in-cllalge at ltlis Protec=-Al any lime '1• adminisna~ ia not alli;rl9d ID ltns Prajec:. all wortc s,1811 t,e 9Uspendeel unlll lhe Connc::cr auigns a mullJaily ~c.ble repac:ement adminisnlcr~n-charga and tt,e State receives notlftca1lcn of sucl'I replacement assignment 3 . ]meofPerformance. ThtsContradshallbecomeeffec!Muponlheprop..-U8QJlionofthiaContrac::. The Piqect conmmpjafed nerw, snail commence as soon as ;nc::lc:aDle aftw !he eucution of !hia Contract aid Ital be undenalcen and perlomled in the sec;uence set font\ in !he "ime al P• fu ,,w.ic:e• Sedor! QClntaJned in the aaadled Exniblt A. Expenses inc:wT"~ t,y the Contrac:'.cr In association WIii said Prqec: prior ~ exea:tion of !tlis Conlractshall not !lec:onsidered etigit.aexpendlues fer reimt>u,-mentfrom !fie Stala. The Connc:IDr agrees ll'lat lime Is al 1tle essenc:a in 11'18 per1annance of its obllgallona Under !Na Contract, anCI 1tlat comple4lon al !he Project lhall oo:ur no lal8r ~ ll'le comgletion dabt sat forth in the "Time of Pwfarmance" SecliDr1 at Elrtlibit A. ,. Ault,qrity p Ea11r into eq,gg a PTcnr1 w;th "'lifct. The Connc:u _.. and warrants 1t1at • Is IIUlhor!Zed by leglllative appraprlallol I to expend fl.Inds by !his Conlrw:t. P~1at7P~ • E X h i b i t 1 I • • • • -.. 5. CcmRl'1JIPon ang Merhoc; g( °'§ymen t. In ccnSlcerffon for the won,; and aerv,cn to be ...,. formed hereund•. th9 Stala ~ :C ;,rovl<le :c the Conlr.lc!cr a gra r:r 'rom the Fund. 'n an amount not XI exceed NINETEEN THCUSANO AND NCl ~OO • • • • • Oollars ( s 9.oo o oo ). The mettioc and ttme ot ;:iayment of sucn gram funds sl'lall l:le l'Nlde ,n ac:corc:ance wittl tne ·Payment Sc:."ledu le" set fOtttl ,n Exh,b,t A. 6. Bcxmleo gf Exp;;; Fynd; ;o the Stat:. a) Any State funds not exper.dad ,n conne;."tion with tile Projed: 311ad Je remitted '.D tr.e Stam upon comQieClon of 1tle Pro1~ or a det8m11nalion :,Y :he State :nat :he Prajec: 'Mil not be ccmplel'ed. b) It is expressly u ndar.ilcod that if :tie ~ntrac::cr :'9C8lves funds from this Conlrae: In excesa cA 11s flscal year spending limit. all such excess funds from :tiis Contract shall r'9ll9't !O tt,e Stam . Uncier no c:iralmslancN shall excass :uncs from t111s ~ntrac: =• retunaed to Qltler paraea . 1. F'mancial Management. At all ~mes from ttie effec:ive dallt of tnis Conll'CIC: until c:anplellOn of 1'1111 Prajed. lheCantradarshall mamtaan ~ger,y ~tea accountsofStat8fl.lnc1. :nau:n,ng fl.Inda. and act,wfunds -ciaad with thi9 P!qect. All receiots and Dl)endililra assocal9d with said Praieci snail !le doc\lmented in a ~ and .per:iflc manner. and snail be in accardance wrth the "9ud;eC" Seclion set~ t11 Exhrbrt A. Connc::or may adju:at individual budgelf : expendi11.ire amounts up the limitaliona Nt ~ ,n ~ 8 .b ) of th• main boay of lhls Contract wiltlout apprt. 31 af tne State. Any ~udc;etary modlllcllllons thar exceed .,,. limatationa we fOl'ltl n Paagrapt, 8.b) rnuar adhere ,o ;irocec:un!S set fontl ,n Paragach a.c ) .,, orc:er o:z, moc.'fy ,.,e ~nm~ 8. MfxlMlslil I and iimendments. a) Moalflcallcn by Ope,alloi, of Law . Th,s C.:in trac: s subfect :o suc:."I mocifications as may ~e 19qUnd by changea ,n feaeral or 51118 1-or regulacons. M y ,uc:.'i rec;u1red :noc:ifications ~ :ie :ncorporated Imo and be ;,art~ 1'lia Conll'ad as :f fully set f~ n-,n. b) Pnx;ngnmauc or 9ydge1ary C:ia nges . Th is Cor.tract has a 511'1'1C lifled c :iani.e L etter procedure fer modifying !Ns ~ for 1ie lcilowu,g 1'9ato ns: i) unles& otherwtse sgec:fieci 1n the Saipe of Serw::.. ..nen c:umulaav• t:ucgetary line i1lem d-.ani;ea exceed iweniy Th ousar.d :o11ars ($20,000.00 ); ii) when any bucc;et :ran~ :o or :etween acmmisnlion :11.di;ecay camc;ories are proposed , ill) when ttie scope, ocjed!Ve er complet:on data cf :ha Projec: charic;es as cet8n:n inec by !t.e Oepanment: iv) when a<:dlticnat or :ess State ~nc:in c; ,s ,eecec : v) wtlen there are adC:iticnal ~era, stal!J:ory or ~ulatcry compliance :ha,,ges ,n acc:crcanee wlll'l P!r.!gmh 22 ot :he Or.c;,nal Cornrac:. Under such c::lraJm&tance5. ttie Deoamnenrs aoprcval is not b1ncing unal rr.emcriallzed in a fully execned Change Lattar as spedfled in sub~ c). c) Chance LeCler ?!:9<;ess. Connctor 'TllJst submit a wnttan rwc;uest to ~. Oepar.ment if progranrnalic ar budgelaly modific:aficna are desirec . Page 1. Resoonsble A.dmin1Sntor; ?aragr.aph 5 . C01upe11utlon and Meit,od of Payment; and E.xh1b1t A. Scope of Services. may !:la modified :,y Chanc;e l.atlar, signed by !Jle Slate and the Conirac:cr. Upon ;>roper uac:Jtlon and apcroval, sud! Change Letter lhail beccme an amendment lo the Connet. effective on :he datll specified :n :he Lal!Br. No SI.Id! Chan._e LallW tnal be lllllid untB ac,oroved by the State Contniller or such assistant as he may cesignate. All olt1er rnodllc.allcl .. to NI Connet must x accornplishec through amer.dment ~ the Car.tr.Id punuar.t to liSC3I rulel arid In accardanc:e wiOI subpar8QnlPh 8.d). d) Ol,er Mocffllcallons. If eill'lar Ina State or the Contrac:1Dr d•ra XI modify lt!e t.erms of this Comr&t ollW 011r1 u •btn In suDpal'agf apflS b) INS C:) above. writ1an notice at ttle proC)09ed modlllcallon ltlll be ;i,.,.,, to t,e alt!er party. No IUCt'I moclllcation lhal take effect unlees agreed to in writing by bottl par11ea in an ama ldmlnt ID lhis Ccntrac:r propel!y uecuted and aoproved in ICCIDl'dar:c:a with applicat>ie law. Paga 2 of 7 Pa;N • 11 • • • 0 0 - lfff 811Wldmenl niqund perlhissubparag~, wil ~!he~ afoctler aopropnalll Slalie agenca, ~ Nlomrf General. saaat Controlar. efC. 9. ~ •> 01somay N& nie Stara. ttwugll ttie Emc:ulive enr=r ct hi OepWnent. 1t1e si. Audllor, ar 1llf'f ol 11B rMy audlarimd ,wpew,filli.w. ind&dng Ille ngnt :x, !lire an indepelldel1t ~ PIIDlcAccounl of the Sla'S ~ orttle ~ gaw-11nenr ar 11fY otb pn)per1r ~ ar.,...ID&d ,.--.. shall ,...,. rt · right !D mpec:, ---. and audit 1t1e Co,rlll'ac:Dl's (anG.,., ...... a.a.r's) racardl. books. ~ Ad °'* relevant dacumenlS. Slldl disa9liolwy audit,,.., tie ....-:i at ar,1imeand fer 1llf'f ~ 1rom the efladive d-.e t:tltllS Connet 1ni1 !!Ye (5) yeas aililr the .... paymat farllis Projed is.___, by the Contrac:cr, prawlell 1ha a.e aldlt is par1crmad during __ ...._haurs. b) Mw 5 ; y Audit W.... o, ncr Ille Sliae call b' a disc:alnary ild • p,ovicled ..._ t. Cmradar 11111 indUde the Prqec:t i'I an annual adt Jwpcrt a lwc;und by the Cakndo Local aauas,a•Mdl 1..aw. c.R.s. m, 29-1.a1. c-.. 31d s.. w • .-... 19 ru11s and~ Sucfl ... ....-91111 be~ SIDllllled" .. Jepwaaw and the Sia Audb. ilwaaftet, !tie Caaacu sflal sipplJlla Dlip&111a1twilM:apiesof at ~lllla from !he Sta Auda rw tc ............. ,..,art. lfliead19V911s9Widallceol~wiltl aopicaDlerequnmentS. l"8 Depamedr..ws1'1erigt.t1Dmdullcu1$1a,uaalw~~igs,ictwitrl:Slandingany alla'judil::ia or adr,ailaD'6 actiml81111a punuant lD C.RS. 1973. 29-1.sJ7 at 29-1-608 . 10. P§sonnel n. ~ 9iall ~ ils dUli!s ,...._. as a caia.c:cr and not as an ..,_dllllS.. ...._hCannc=rn«aa, ag1111or~at"8Canndorsnal be deaned • •• • ., .... _... .... , ~ rlWin'1nrnnlnwliW11t1tll~l'"1 f"fflDllnlflillllln ·lnl:ala Im .. 1'Lllding, sllll p.;Mda and kmp II b'Cit ~ m11p,H11111Dn (iilifw.-~ ..._..)and •••4*>i••••c.orrca..a6aa ianr1ce i'l lllelfflllllllll ~bylaw. and snal be solely 1111 ttt tar111e a:1s at 111e Canr.adiDr, • ....,,.. and agns. . nteca..nc=rilrapans:t!'!bpcawilngWclrtar'sCul,4* I .~..ndU.IMllliot11ait Ci1$ 5 I Caw9age far ·aF i ~ aa:plcp .. D ltle ..... reqund by ar. and b' ;,nMdirlg 1'dl -.. JDr ~ In no caa is lllt 51* ,~mile far ~ ~ Como•.-..., a.-. far aa, arqilcyw or sub::a::i•acfDls of Connc:o ;11n1a1t !D this a;,-&t. and C,,ntracar ..,.. "indamily the Stllil far ..., .=-ab' wnidl Ille Sllle ,,.., be found ... ir :his ~ 11 . Cqnlradpr An lndepe..gent Connc:gr, Canr..:ir sflal bun Jidllpandlrll Connc:cr and 11111 ._. no ..,...iuliot,. ~ or i'npied, :o bnS !tie siaa 11:1.,., agrw,•115. samemems. lll*Y ar wdliiad;g a::ep1 as apmsty 91!1 b1h hereat. 12. Conflc: d lnll!l'ml 'ffle ContracDr shall axnpy will :he prcvislans of C.R.S. 1~308 and · C.R.S. 24-1~10, 1IWougfl 24-18-109. 13. Connet SUSpensicn. If !fie C""'1'adDr fails !D CIOf'l'CIIY will any c:nnc:ta1 pl'CMSicn. the Slate IIIIJ, alw nola ID lhe Conll'al::Dr, ~ ltle Connc: and wilhhold l'ul1tler payments or pn)hibit :tie Coracmr-fa'Qffl incumng addllcnal ubigalki&S of ccntrac:ual funds. pa,cmg ~e :den by the Coracmr-OI a decsicn ID teminalll in acccrdance will pl'OVl$IOIIS herwin . The State rM'f detefffline ID .,. such necessary and proper c:cst:s which tl'le Contr.ac:Dr eould not ramcnac1y avoid i,uring tne period d smpensicn provided such casts-. nac::essa,y and ~ re, :tie eoncl\Jc: ot tne Prcjec:. 14. ~ ~enninatipn This Contrac: may be tamunaled as folcw5 a) Temwna!ign Due to Loss gf F•,nding . The par1ies hemD expressly rec:,gnize that the Conlrac:Dr is tD be paid. reiffDned, OI ahawisa campensall!d wil!I Mids pn:,vided :0 !hit Slale fer the jM'pose d aintrading fer !tie services P"JVided lor herein . and ltlen!b'e. !he Contr.adcr exp-iy understands and agrees Mall .ts rights, ~ and c:laims ID comc,ensation arising under !Ills Contract .. mitins,ent upcn racapt ot S4di funds by lhc State. In tne event ll'lal sucn !unds or any part lhereol are ncc :IIC8Md by the State. lhe S1ale may .nmeaiateiy terrr.inate or amend ltlis Contract. bl Temwtian for Cause . If, ltlrougr, any cause . the Contracor shaR ta,i 10 tulfill in a limely and pn,plll' ma,,ne, its obagaliaus underlhis Contr.,ct Dl if ttle Connc::crsnail violaa ariy ottl'le o:,venar11$. ag.w,161115 . °' stipulations al this Contract. the Slate .shall !tlereuc,an have the nght to tennnate d'IIS P~e j or , Pii<;t!S • I . • • • 0 • Contrad fer cause by giving 'ffllllen nodc:a ID 1he Contr.1c:cr of such tarmnalion and S!*=lfY'"!I a,e effedive ~ IIWeof. at least iw.1ty ~)days~ lhe e«.c:ive dale ol sudl flllfflnlllDn. In hit_.._ al millled orunftni&hed doc:umants. dalta. su:ties. ~-r#awings. ~ rnodell. pllOIDglas,fts. and nic,ons orolller maria! prepared by !tie Cantr.aclgr under U,,s Conll'ad snal. al tl1e °'*" ct ttNI Slala. becCn1I '1s prooerty. and 1fle Cantrac:Dr snal be entitled to '1!CelVe JIISI and eQUQj)je oompensaDCII for ;t'{lf salistac:crt WOf1t carnpilmd an SUC1 doalments afld aerier mall!Nis Not'Mllhsra11cli1g l!le above. ttle Conlr3C:or shall not :,e r*"'9d cf 5aoiily to !he Slala ~ -, danages sl5lained by 1tleStale t,y virlue ot any txac, ct u,e ~ i,, 1he eor.ac=r . and !hes... may wilhllOld ary paymenlS !D ll'le COllrZliDr !or 1118 PtQC&e at~ d sucti ~ • tl1e ezact amount ot dlmagel dull !he Slam fnlm fie Connc:cr s daffllillld. c ) T•IJ•!PI• (p{Cgnwe,;..g The Slalle rT-.y teminaatlm ~at any :w,w tne Stare M1111•-lhat lt1e ~ of !he dillriuion ct St.a monm undlr1t1e C ·nncwou1CS no ongar ba aWli by Q.11¢ I Ii C I of 11,e Prqacl 'Tlw Sta. shall ~ sud! lllffl'llalai, .,,, glWlg Wf9an "'*8 ot •nw-.., ID tt1e Conlra::a' and spajfyw,g ir. effedive dale~•-~ aoi da¥S 09b9 !!le ....,_ ,w ct IUd't -. .. lii.atio.L In Ille WI ot :emunaicn torccan.e•a. al~ or unfinl5ned dOIEI ·•• and allw _.,_ as dw:rmacl n ~n 1.&.!l) arx,ve $NIA . a Ille ooicn ct!he '1:al, llecaffle Ill pn,oe,ty. lf1tle Cansact as :a,, aw by tne Stire as orawidld !Wein. :lie C:lnli'ac:lr _. be :ad 1ft 11i11U1t ""*'1 t.as Ille wne raiD ID !fie tclal COIT'(ll!CISIDCl'I a ,W .-ac:al¥ Poi fun*' :.a' ID tie taa1 mdb!~oa.ier91l by !hs ~ :es. prayma111 ct ...... -, ~ NliE Plawided. ~. ,-flmatasilcly pen:ant Ceo%) otU.swvi:aCIMl9Gt,y tns Cannct!mve IINII pataaaliid 1.,a1 .. ...._ ci.. olsucn :antwlallen. :t,e ~._. tietWnDuned ran aadlllol'I .,._ eow. ~fartlatpc,1ianof111eac:ual out~f.:pocxe! ~ trocewwa !Wl'IIUi9!CI ur.eer llil CGnnc:) IIClfflld by ,,,. C2llraclar dUnng ,,. c.,nnc: ;,enod ~ -*9d"/ ~ ~ lJ,e ..awww,4.-d por1iar1 d 'lie --c:over..s t,y itllS Connc:. 15. .,....,_ Tha Connet • wna.n . wllh atlaClffllnls .-Id n,eeas. iS ir,a,Ged iS ttle corr..-,-.-.., ota u.adli-•ag i..-ri ~parties.,.-. :n1 :io pnor a, w ••• w.necus --.i, dlllliDr1 or a,ac,aat ,,._ stllll '-arry fl'Yce c,: elel: ~-~ tll10l:ldiad :n a wrillln ailtuiaaliuaa or=-ai:t ••-*·•• ~IClipc..anug SUd! dlalglS. emc:uaa ana ~ gunuant ID ..... law. 16. S...abilV. To tt'le er1er1t "8t :his Contrac:: 'Tril'f ba --=z1ed and i,erlu,11.a.c:e ot :tie otligali:A IS cl 1tle l*lilS may tie acaimpisned Wittlin :tie ltll2nt of "8 Cxltrac.. :,,e tsml cl 1!'111 Ccnnc: ----. and snauld an, term« pftNRlll nereot De 1ec:arad maid at :iecon. itlOl,MatM! rw any ,-i, S&lc:!! in¥aldlly or~ sNIU net affecl tile vaiidity of ;;ny CO.~ Of'~ nerect The- at any orea::ft at a !lrm her9:lf stlal nat :,e ainslr\Jed as -.Ner of any Clhel' :err., nor as ..aiver at 3 subsaq1*lt bl'eldl d ,ie same ll!rm. 11 BindnQ en §!'9"!"!"'l" E.J:cas,t a& l'lerein oCherwlse ;ll'OYlded. :his agaeemera snais oo~ tc ine benefit at and tie !llldlng upon Iha partils. or any s.ax:ontr.lC::CB :"lef8>. and :haw ~ ,uccessors and assigns. 18. AssignrnMt, Meitner party . nor any SUOC:)r.lr.lC:CB hal!lll. ,ray assigri its ngms er du oes under 1111 ~ Wllhoul .. prior wnlll!n ccnsent of the OChel' ~ No subc:cnlr.K: o, !1'311Sfer of Contraet snan tn any case reiaa8e lhe Contrac:ICr of !iaCility under 1lcs ~ 19. SurvivalgfCfeliNDContrac;Terms Natwl1rlstandr.g~llerenlDtnecontr31y.:?1ep.r.>es ,a1detsl:and ind agree lt1al al.,,.. and Cl:lf'lailicns of :h.s C.Jntrac: 3nG lhe exlllbits ana aaac:,menrs nereto wnich may requn Q.lil!inuad parfomlance o, ~lianc:a bey encl ine !l!!Tma!IOn :ate of tile Con~ s.,au IUIVMl such tem Ii iaticn datlt and shall be enfcrceacie by :he Slate as ~n:,,,icec nere'" in the e11en1 of 51;c:, falunt ro pemxm or ccmply by the Conlrac!of or ,ts sutlc:lntraec~. 20. S,zryy n lnppl In Iha -1t tl'le Contrac:".or is an enlllY formed under :otergO'iemmer,tal a;rw,wr,t and lhe ptqec:t is tor 1he acquisition . construc11on or~ ol ~eaJ or pe~ ~perty ID be ..-ct a a ~ fac:ay or lo pn,vide a publlc serw:e. ine Connc:or wair..t'IIS 111.1 ~ has etat:lished pi«*dons lhal ensure Dial in Iha evenr Iha Comractor entity caases :i:, nist. ~si,,p of the propefty ICIQUnd « n,provedllld pau IO a~ local ~tat alllel'elig,ble government.al suc~r in inlelest so that lie prope,ty ca, aintinue IO be used as a put)lic faclHly o, lO prow;e i puD l:c ser,•ce Pa;. • al 7 Pa;es • I • • •· '•· • • c , ;'LA&z:.: .. s n-1:r:::.1::.::.: ... -... -,-:.:,c::: 77' ' • • I· -. • • • • 0 G - SPECIAL PROVISIONS CONTRCLU!Jt'S -""""OVAL I . llla~IMII ,.. .. __ .... ltllall'-.... -t,y,:,e ~ol .. Slllatllc-r.»ot _ _... a,_,,,., ...,__ 'Illa -• --to-, -axt ..-.., "-::,ay,IWlt ol maney Dy !Ila SZ.. l'Ullo AVAIL.l8IUTY z. "'-'-........ « .. Slatl/C--~ .......... !ilcal .,.. .. c::ae.,n-fllldltlilr'lllal _ _,. ___ ._.. ___ ....... S. lllilC:-....,_ .. .,,_.tl/ _____ ~lw:lla--=illll......, ..... u•••a.ori:¥ 1t11-, .............. --=-----·-Plele-fllr111i1S..!lle0-IIIIIII.Oefllle ..... _1111apalu_tll.,, ---••ca..*'¥ -n -..:ii lie Slaofllcill_ .. .,.. .c-m. al)DOd anl .._. Dalll ,..., _ _,lD ___ .., ......... ,peia-.11111--0fle,ltalf----~.,.,,,.-tll.C:-. Sollll ........ ...,_.,a..-.. Cllllllll9 ....,, CIIIIIIIIIINd __ _... ......__ar .. c-..i 11 ....._ ... .--, .. c-... ·--:D-:,a,!bran,-. . .-...-~ ... -----~·~ ...... -· _.,_C..-t1111il31lll ..... lljjilifUH&&aacl!l&a_ ........ litllia_o,._ • ..,-,pe,w ____ _ ---, ..... -in .. --ol,,._ .. ...., .. _,. ____ ,,..__.. _______ .. _ ------·--"' ... '* --------~--.. ... -....... 0-.... -----=--. -or-'. ACIIIUIN otc:alllln =-*"''-* __ .,...._ "9 -:"-,tllaSla •c-..,•-;,.11uo1,-. n.-•11........,.._CJtSsa.:ca ft• Pc.I T10II &. r, .... ....._.., •. 111ac-..t11111 .......,.,_ --hood "---•SIIII. • .....,__...,..,...,,,,., .. .a _an,,;e,_--, ___ .....,. ___ _,,..,~~-·,.....,.,, ___ 1'1_'-· ....... .,. ...,.., cwa.ot...-~111:11a .... o1-::..c-. ~ ,,.c-...-111--,.-a,e--... tl/,,.C-..A. ........... Aclf/1117'.•..-..--...... --..-·=-· • ..-..,.,._ Dl8Cllae (CRS 24-loMCIZ), -•,...-Illy e.....Oias .... a.--, -MIiia, .. ~.-...... ~ .. ,m. Pl.n&aW~. ,.......,~ ... »-.. .,31119-·-- Dlallll 211 ..UIIIIIIW afll* Cornet. !1111 C-111W a !Ibis: lal TheC-.... 11111.....-..... ...,.....,.. _..._.....,.__.,,,_, --· ,-.. ..... -- -....,..._.,, -o,:,llylicalilandcaD, :,aga. n.c.ii-.. ------·-------.....,.. .. -..... ~...._ ...... !o!lle--u---s..,....,...,_.,..,..•liiW•• lllilla,s ~~--Ol,.,..,,_., _ _....,... ..... aa _.,,_,.,_ ....... -aaiD.1: J.111 ........ !arha-'I, "'""'*'9_ ..... __ ,,,. c-...-.;mc11---. ---·-- ---~ -1Ullia~C,,--acz:nvofflmr .... !Ullll-:l:!la ,_...__...., _. (Ill 'Tile~-:,. .. solalallDlw o,--.. ••• far....,.._ t,,,., ... tlllallol--. __ .. qallall ..... ,.. --.....o.. far unpkit'fflCIII wll&oul f99a&II ID ram. aw. ailor. ,,_ ong.n .-. ·----. :w11iDft. -,. -• _.,.. ........ ., .. (ct '!llaCdxa..,.telldl018dl .,_....., • ·•wwwllllioa o1 _.__....., ... aUlllalwa _,....,.._.....,ala-or -.. ......... IDbe~C,-~alila ...... ,w1111cruwo,_..._._,af1'.llac-'a..,..._ .. ,. E>eallll,e c-. Equal~ ..i Alllnnallo9 Acllaft. -.., Aor11 ,,. '.ffl, • 111111a .-, ,......., -_... Oullllll GI',,. c.--. ~ The CGnndDr and --_ .. flllnilll 11 ........... -iaoona lSQIIISll i,y e.a... o-. ~ <lDIIIIUll¥ Cid Ml.fflllMIWl/lt"' Ap,J •e. ,m 11111 i.r•-,........_ o..a 11t'JlaGot1anw. ,,_,_, 111e1..a !llfflll-• ,.--. .-. .... _., ... __,.lllftC1 llld 1119 oftlaolM GINarnor"' Ilia dall9'* for~ oli.. ·; . • -.............. IUdl ............. -- (el A._ .......... Ml nat-* any~ --qUllllacl !all !Ill__. ..... ii 9ldl llllor Clf9SllialiDn . r:,, .... any ,ucit ....,..._.,__.,. .... ..., .......... _..._agar111..,o1e,.....,il11tefl...l~t11----,. -• ----· ... ,...._°"811, o,r.-y, 0, ,. ................ ....,.. .. _.........., ... lllllail.alllC.fta.--·-.... -., .......... -•• *'-Lt f .,, .... ,. ..... _, ,._ _ _.,..WIii Illa 111UW99-tllM Glll'8ail ,...,,.. .... ~ ot ll&l'&llllllter ...-.~ ..... .,, ..... 11 ................. _,. '""'-'-"...!..l"afa • I • ] • • -• • • -' (l)llltbit-oldlo~-;· ,,_111t~<lluaol:1111w ..... ..,--.,.-.. -.11111_,,.,. .,. _ _.._"' ......... ill-ariaPlft••--.--.-.--~saacaancwia_.._.,.. ......... ....... ia~Onl&s.,alo.,.,,aity-'~-"'"""' :, 1 ... , •• ..,,_,..,._"' _ _...... __ _ --------....--------~ .. --a.. . ...i~-,.,.._..-.,""'1 '6, ·,r, ... .., ...... ____ ,,_.....!lt_... ............... _......, ... (II) n.c-.;a_,_111c...,.-ol~(a)..,.())•--,..._•_,....,__1111 ____ ..,,,..... ..--.·--~•EamioiwOlw.~~-~---... ·a.1m .• -ao11,...__..a111--.-=.-:;:::::.."'::J:.~w111•-::::-~:...::.-:_.~•.·:=.::.:.:,---._:~:,..~ -.:.._.. ..... _ ...................... .., ............ ....,,.. _ _, ...... s..oiC....•---·----..-----oti.SllllolC...-. ax.oL\DO t.'80ll 1ll!FDIINCE '--,..,.._afOSl-17-lOI A lOZ!ir~ofC4ialai.arft_.....,. ... _,,,..__. ........ ..--....... •1--• ....... •Pllllll' s.o llaa. IL ...... __..._llra;alic~ia••-"-••..._..a,__ ..................... ._.,......._ .... _,. ___ _,, ............... ,......., .. _ .. ._. ____ _.._ ........... 11ilit_..,,_..., ................. ., .. ._.... ...... ..._ .. ___ ,,,..,._. ....................... --.. ........... .__a'!Wal ....... __ ..... ~-..., ... _ _,..~-.,--··---..-c, .... ,..,....-(OISl-1~101-ICl'Z). Gll8M. T. 1"_.• :wS..f/lC ...... adl'lllt-......... ;--,-:i..,o1a11a__.ia... __ ..._allllil ---of·------~--.., ________ ..,.,_,....,.,., .. ,... .. whidlis ........... -.. ,..., ..... ~ ..................... ~-. .,_......,.... .... .., __ _ = ...... ., ....... ,..... ....... ,. __ !II_,,, _____ .. _____ ,,,,_"'...,... ·---.. ,...... .............. _,, .. .,....., .... ,..._ .................... ., .... ______ . _ ..... o1 ....... I. Alll ........ ,..._ollllil-:boC.-....a.....iy ........ 111.,--a.aia11-ia-.:w11ai1,,.._ __ _ ______ ......._ t . ,._.as:..-....<•_.i.111---a..-,will*llddolila-.i.,_ ..... _,__ ... _~r.,ca)llllllid ... ___ ..,....,........-:(1,)._.i.._allll._1_r.r_:twp,.._.::1MIO!,o:%.. itdoJ9.C2S:(<l,_..! __ ., .. ....,._._., .. ..,_.°!liplr....._,.o __ ....,.,..xplld•• w . 11ae:-,.,-~ ........ _ • ..,.....,--..-o1 ..... ,.-.... -.... i,...itola.l-.aiaa1 .. -.J ......... ..mloll~ ....... ll.1" ....... ____ .....,_CIIS ll+.iOl.&-.(llro.-,.alC-r.t-1_.C'.IS I W-401.:L-(AMatal""81icOGkcs ad ......... ., ___ ,.... II . T!lo....---• ... _.....,• _ __,_ _ _,..__.,~~ ......... :aU.-•--"""'8: 11wmim ............... .-.... --C-011111e4ay:lnl---- CM.._,...._....llCfT"'m.:..._Cf-._.ftP...,-fW..,..aiOOO._._cg__.QAAPQ-.;,......,_ __ ...... ('l'liel _ _..; ___ ..... MA ..... Y..,Cc:.R.a.... _____ _ ----·-·- ., __________________ _ ...... _,. ........ , ai=-- ., _________________ _ ,-,wc«c ...... ,,,,, Jt5o5'41·1CIJO STAff 0, CCI OIIIDO BILL OWENS. OOV!JL"'IOR ~--------------IIIICOICS. !lC!C'..,"!rn Olll!C'l'OR CPAlfflotlNT' ~-----L,.QCAL-.. ..... Aff ..... A ... t ... B .. $ ..... ___ _ AlnOVAU STAT! CONnOUJ!ll Anlmr L Bllllilm BY---------~---- llaa!lfaric.~ • ) I • 0 • • -.. I t.L. ; NDV i;i UJ. mal'A ICPPISlfWY ft • • I • 0 • • -. • .. ·~ • • Cl.aP •III0112A Lewie Hd o.n.al Iran WOfQ/light Rail Houllnt Plan eir... Oc::abw . 2000 1. PIQJICT QUCIIIPTION, QIJECTIVQ. I fll9Ul!IIPII The Qty rl ~ (Conlraclarl ltlra,gt, 'lie~ cl~ Ila co,~.,,.,llliwe Clllr'i wil undar1aka a llllly (the P!qilctJ ID .,._ lie iffll*t at llltlt rail line an dla loc:ail IICIUlilg mar1Cel. 'The Pi'ajec:t wl .._ :Illa lllfflantl. TIie Int .... -.... p 111 an 111 I ,IMI cl2ie afoidalitr d-~ haulinQ lllac far local wortrarl. Ille aailDility al hauling far wortrng "lgl ,_,... nl ,ie _.,. ID wtlic:n lie lip,r rail lir,a wil a.-~ ID '"811 hauli,g rlNdl ~ tranll Ol1lrlllG ~It. l1le NCClftd P\'aflCC *"-inC:lude9 a cae ~ cl Ille Glnerll llOn Wortcs (GIWJ • and !le palll'illal l,e ... b' .,. ... lg .. in lie local jabslhausing bllanca. CCllcndD l:tJrilllge Pwllling Gin funda provlOeCI uncs..1N1 Cor-.ct n ID flna,ce Plqect CDIII up ID 111.000. 1"-gralC funda wll be UNd ID fund the Plqect..,.. lillld allcl'M. M'f aid al jid . Dtlli canullng w'liC:a l'9qUiNd ID CiCllllfll* IN ?rqec:t w1 be NClnd IM)&ql a ""CCl"'m"'lpllili,•·ilil·119• lllec:iarl pnxaa. l1le Conl'acD' Is l'9IDOllllble far all ?Tq9Ct C1D111 in --cl lt'lil anouffl. C:... cl,,,, and II ccnhCIS .-9d inlD by the Comrar::ar In an1ar ID accampliltl ttlll Prajact ... be ammilllld !a .. Oeoartmer.t d Local Man. Smat GnMth Olla. uc,ar, alCJlllln. ancl any aid all CIDll1NCCI .-.cl inlD by 1fle ConftClllr al any al itS MICDt ,nc1111 9'1111 camply will al ~ F..-ai and CooradO Stae laws and .,.. be~ ~ the laWS d,. s.. d COlcndO nccwihtallding proviJiar1s ltls9in 1D !tie canrary. z. Clft9WTH .. ACT n. ConlracDr ancs neighbaring ju.ildk.lb1S a1ang 1t1e 11gr11 ra1 IN camaar in lt'lll lCIUll'lwfarn w:1en at .. CaMr' !\'i81q1C,4ta, 111111 liawt Ileen all'edlld by d'langllg ~ 111C1 l'iouling de\aapment palJml 9ill:e.,. ,~ :ail line became opll'allO. ial. a. DR Of P!llf\WUNCI TIie P!'qeCt ... wnrnanc:e upan IN flll and l)l'Opel' eaecullan d Iha Contract anCI ltlll be c:omplad _an or i.ar. ~ 31. 2002. How9ww. in accoraanc:e wia, ?ng1apl'l I canlained..,., ,-rna11 body d tn.s Conhct. ,_ Prqed lime of .-ram•.w :nay be UlandeQ 1:1y o.,oe l.allr. aliljec: to muiua1. z:::.c1c:.:~~3Cr~~-:ru:;'.'~--==-~=-~.=n~ .. lime .-llian. .. 111111! $19.C-OO TOTAL $19.000 Elemant 1-~ $15.000 a.a,, FJWlt TOTAL $19,000 Page 1 of 2 Pages " 0 I . .. I. 1. P!YWII,,,,,,I I L a. .. D.000 14,1CIO l.llll $11,CIIIO ,~. I C!l'!NFI WdD C .. • • - mtarrA 8CCIII"' ·---··IIC!S- 'Tiie Slall 11111 IIIOlllaf' Ilia ear..:t 1111111 -.aded !1ais. WQfflll .,,,,,11 fllll;l;2af2~ ,, " ' .. ~ ' I· 0 . ---- • • • ... • -.. COUNCIL COMMUNICATION Date Agenda Item Subject November 19, 2001 11 a ii Proposed Bill For An Ordin ance Au th orizing The Issuanc e of Bo nds Fo r Parks and Recreation Projec ts Initiated By Staff Source Department of Financial Services Frank Gr. glewicz , Di r ec t o r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Citv Council has discussed the projects at numerous meetings ove r the past two ve ars. The ci tiz ens oi Englewood appr o ed issuance of these b onds at the election held o n 'iovem ber 6, :!001 . RECOMMENDED ACTION Statf re ommends Cou ncil approve the attached bill i or an o rdinan ce auth o ri zi n g the issua nce oi not m o r e than S8,3:5,000 in general o bl igati on bonds 1n 2001 . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Charter requires a majori ty affi rmative ote or the regi tered elec tors to issue eneral obligati o n debt (Article X, Part Ill. Se c tion 104 ). The regis t ered\ oters apprO\ ed issuan ce of S 1 :!.8 million 1n general o bli ga ti on bonds fo r co nstru cting an aquatics par k, and improvem en ts to th e Malle1 Senio r and Recreation Centers. These bonds are being issued in both 2001 and :!00:! to take advantage oi "bank qu alified" provi si o ns . Seco nd readin g of this bill fo r o rdinance will be D ecember 3 , 2001 and the 30 da y reiereAdum period I ill not be required per c hanges to City Charter Se ction 41 approve d b y ci tizens at the election held ovember 6, :!001 . FINANCIAL IMPACT This action should not have a direct impact o n the City's fi nan ci al condition, as the p roceeds of thes e bo nds will pa y for bo th project and issuan ce c os ts. A sepa rate levy wi ll be assessed to p ro p ertv ow ners in the City fo r debt pay ment LIST OF ATTACHMENTS Proposed bi ll fo r an ordinance • I • 0 ] • • -. ORDINANCE NO. SERIES OF 2001 '. .. . ' • • - AUTHORJTY A BILL FOR ' .. COUNCIL BILL NO. 78 INTRODUC~COUNCIL MEMBER ~ AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ENGLEWOOD OF ITS GENERAL OBLIGATION BONDS , SERIES 200 I , FOR THE P URPOSES APPROVED AT THE CITY'S ELECTION ON NOVEMBER 6. 2001, AJ',l) ACTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS : PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH ; APPROVING DOCUMENTS RELATING TO THE BO NDS; AJ'IID DECLARING A ' EMERGE CY . WHEREAS , the City of Englewood, Colorado is a municipal corporati on duly organized and operating as a home-rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unle ss otherwise indicated . capi talized terms used in this preamble shall have the meanings set forth in Section I of thi s Ordinance ): and WHEREAS , pursuant to Section 104 of the City Charter, the City 1s authorized to iss ue general obligation bonds for any public capital purpose, subject to obtaining voter approval of a ballot question authorizing such bonds: and WHEREAS , at an election on November 6 , 200 1. the following ballot questi on (the ··Ballot Question "') was approved by a majority of the e ligible electors o f the City voting o n the Ballot Question : SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO S 12 .800,000. WITH A MAXIMUM REPAYMENT COST OF UP TO $25.700,000. AND SHALL CITY TAXES BE INCREASED UP TO $1.300,000 ANNUALLY FOR THE PURPOSE OF: • EXPA DING AND CMPROVING THE MALLEY SENIOR CENTER. • EXPANDING AND CMPROVING THE ENGLEWOOD RECREATION CENTER, • CONSTRUCTING THE BELLEVIEW PARK FA.l\1IL Y AQ ATIC CE1 TER, AND TO THE EXTENT MONEYS ARE AVAILABLE ACQUIRING, EQUIPPING AND CO STR UCTING RECREATION CMPROVEME TS WITHIN THE CITY, BY THE ISS UANCE AJ\ID PAYME T OF GENERAL OBLIGATIO BO DS , WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION , WITH OR WITHO UT PREMIUM A D BE ISS UED . DATED AND SOLD AT SUCH TCME OR TIMES , AT SUCH PRICES (AT, ABOVE OR BELOW PAR ) AND lS SUCH MANNER AN CONTAINING SUCH TERMS. NOT INCONSISTENT HEREWITH. AS THE CITY COUNCIL MAY DETERMINE; SHALL AD V ALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR. WITHOUT LCM IT A TIO N AS OJ .JOJJ /~ U2 • I· 0 • • I 'V -·· • • - TO RATE OR AMOUNT OR ANY OTHER CONDITION , TO PAY THE PRLl "C [PAL. OF. PREMIUM , IF A.NY, AND INTEREST ON S UCH BONDS ; AND SHALL THE EAR~INGS ON THE INVESTMENT OF THE REVE NUES FROM SUCH TAXES A! D OF THE PROCEEDS OF SUCH BONDS (REGARDLESS OF AMOUNT) CO "S T!Tt.:TE A VOTE R- APPROVED REVENUE CHAl'IIGE ? WHEREAS , the Council has determined that it is in the best interests of the City and its residents to issue general obligation bonds for the purpose of providing funds to finance the Project and to issue it s General Obligation Bonds . Series 200 I in the aggregate principal amount not to exceed $8 ,325 ,000, and to issue the remainin g principal amount of debt authori zed b_ the Ballot Question in 2002 : and WHEREAS , on the date of issuance of th e Series 2001 Bo nd s . the City will ha ve aggregate outstanding bonded indebtedness which does no t exceed SS.765.000 . a nd th e la test estimated actual valuation for assess ment of the taxable propen y in the Cit y. as certified by th e County Asse. sor, is $2.740.906 .08 3: conseq uent! . th e amount of bo nded indebtedness does not exceed 3 % of the late st estimated actual valuation for a~ e~smem of the City. r _.227 .182: and WHEREAS , the Council ha been presented with a propos al from Geo rge K. Baum & Company, of Denver. Colorado . fo r the purchase of the Bond s upon s pecified tenns and conditions and , after consideration . the Council has detennined that the negotiated sale of the Bonds to said company is to the best advantage of th e City: and WHEREAS , Section 41 of the City Charter pennits the use of an e merge ncy ordi nan ce for ordinances incurring indebtedness where the City has received prior voter approval and the Council has determined that the declaration of a n emergency for this Ordinance is nece ssary . within the meaning of Section 41 , in order to permit the City to o btain the lowest intere t rat es possible through the designation of the Series 200 I Bo nd s as "bank qualified·· obligations: and WHEREAS , the City Council desires to authorize the is uance and sale of the Bo nd 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 ce rtain provi s ions of the Bo nd s to be set fo nh in the Sale Certificate, in accordance with the provi ions of thi s Ordinance; therefore BE IT ORDAINED BY THE CITY CO NCll.. OF THE CITY OF ENGLEWOOD . COLORADO: Section 1. Definitions. The followi ng terms s hall have the following meanings as used in this Ordinance: "Act" mean s Part 2 of Article 57 of Title I I , Colorado Re v ised Statutes. as amended . or any uccessors statutes thereto . "Ballo t Question" means the ballot question approved by City vote rs quoted and defi ned as s uch in the preambles hereto . 02-/0JJlll.02 2 • .. I • • • -• • t •, j .. , . • - "Bank " means The Bank of Cherry Creek .A. in Denver, Colorado. or its succe ssor. a national banking association duly organized and exi sting under the laws of the United States o f America, being a member of the Federal Deposit ln surance Corporation , and having full and complete trust powers. "Bond Account'' means the account established by the provisions hereof to acc o unt for the moneys for which a separate tax levy is made to satisfy the obligation s of the Bo nd s . The Bo nd Account shall be a subsidiary account of the appropriate fund or account of th e C ity and separately accounted for by the City in accordance with the provi sions hereof. "Bond Counsef' 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 attorney selected by th e Cit y with nationally recognized expertise in the issuance of municipal bond s. "Bond Insurance Policy" means the municipal bond in suran ce po li cy is ued by the Bo nd lnsurer insuring the payment when due of the principal o f and intere st o n th e Bond s as provided therein . "Bond Insurer" means MBIA Insurance Corporation. o r an y ·ucce ss or thereto . "Bond Obligation" means , as of an y date . the principal amount of the Bond s Out standing as of such date. For purposes of the Sections hereof titled "Remedies for Events of Default'' and "Amendment of Ordinance," Bond Obligation shall be deemed to include the amount pa yable o n the Registered Coupons, as set forth in the Section hereof titled ''Bond and Registered Coupon Details," which has not been paid as of the date on which uch Sections are being applied. "Bond Purchase A ,reemem " mean the Bond Purchase Agreement, pursuant to which the City has agreed to sell and the Underwriter ha s agreed to purchase the Bonds at the price s and on the terms set forth therein . "Bonds" and ·'Series 2001 Bonds" means the Bonds authorized by the Section hereof titled "Authorization and Purpose of Bonds ." "Business Day'' means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business . ·'Charter" means the home rule Charter of the City . "City" means the City of Englewood, Colorado, and any successor thereto . ·'Code" means the Internal Revenue Code of 1986 , as amended . Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof. unless the context clearly requires otherwise. 02,/0JJ I R.02 3 • I • • • -• ,,,-. • . . ... • - "Commitment'' mean s that certain offer to issue the Bond lnsurance Polic y i ·ued by the Bond Insurer. "Councir' means the City Council of the City. "County .. means Arapahoe County. Colorado . "Dated Date'" means the original dated date for the Bonds as established in the Sale Certificate. "Defeasa11ce Securities·· means bills, certificates of indebtedness. notes. bonds o r s imilar securities which are direct. non-callable obligations of the United States of America or which are fully and uncondiuonally guaranteed as to the timel y payment of principal and interest by the United States of America. to the extent s uch investments are Permitted lnvestments. "DTC' means The Depos itory Trust Company, New York. New Yo rk. and its s uccessors in interest and assigns . ''DTC Blanker Letter of Representations·· means the letter of representati o ns from the City to OTC to induce OTC to act as securities depository for the Bonds. "Event of Default" means any of the events specified in the Section hereof titled '·Event s of Default." "/merest Pa.vment Dare'' means each June I and December I. commencing June I. '.!00'.!. "Official Srarement'' means the final Official Statement relating to the Bonds. "Outstanding" means. as of any date, all Bonds issued and delivered by the City. except the following: (a) any Bond cancelled by the City or the Paying Agent , or otherwi se o n 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 o r Defeasance Securities sufficient to meet all of the payment requirements of the principal of. premium, if any, and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in trust for such purpose in accordance with the Section hereof titled "Defeasance"; and (d ) any lost, apparently de stroyed , or wrongfully taken Bond in li e u o f o r in substitution for which another bond or other security s hall have been executed :md delivered. "Owner .. means the Person or Persons in whose name or names a Bond is registered o n the registration books maintained by the Paying Agent pursuant hereto. 02-/013 /8 02 4 • "· I • 0 - • • • • l "'• I • - .. Payi11g Agem'" mea ns the Bank a nd its succe sor in intere st or assigns approved by the City. ··Payin g Agem Agreement'' means an agreement betwee n the City and th e Payin g Agent conce rning the duties and obligations of the Payi ng Agent with respec t to the Bo nd s. ·'Pe m1itted In vestments" means any inves tment in which funds of the City may be invested under the Charter and the laws of the State at the time o r such investment. subj ect !O any limitation s which may be set forth in the Commitmen!. "Pe rson·• mean s a corporation. firm. other body corporate. partners hip. associati on o:· individual and also includes an executor, administrator. trustee. receiver o r o ther represen tative appointed according to law . "Preliminary Official Sraremem'" mean s the Pre limin ary Official Statement prepared in connection with the sale and is uance of the Bo nd s. '·Project'" m e ans any purpose for which proceeds of the Bo nd s may be expended und er the Act and the Ball o t Question. including. but 1101 limited to. the payment of costs of issuance of the Bonds. ·'Project Account'' mean s the account establi s hed by th e provisio ns hereof for the purpose of paying the costs properl y attributable !O the Project. The Projec t Account s hall be a su b~idia ry account of th e appropriate fund or account of the City, and eparately accounted for b. the Ci ty in accordance with the provi s io ns hereof. .. Reco rd Dar e ·· mean s , with re peer 10 each Intere st Payment Date . the fiftee nth cla y or the month immediately preceding the month (w hether or not s uch day is a Busi ness Day ) in which uch interest Payment Dare occurs. "Reg istered Coupons.. mean s the separate. detached registered coup o n · evide nci ng supplemental interest on the Bonds designated as ·'B ... as se t fo rth in the Section hereof titled ·'Bond and Registered Coupons Detail s.'' U ntil the las t ·'B" interest payment date for the s upplemental interest (as set forth in the s ub section hereof titled ·'Bo nd and Re gistered Coup o n Details-Maturity Dates, Principal Amoums and Interes t Rates"), the defined term Bo nd s sha ll inc lude the Registered Coupons and references to interest on the Bonds s hall include all amounts payable on the Registered Coupons. except that : (a) the term "Bonds'' does no t include the Registered Coupons in the Sections hereof titled "Bond and Regi stered Coupon Detail s," ·'Fo rm of Bonds and Regi s tered Coupons;· and ""Transfer and Exchange of Bonds and Registered Coupo ns" and "Redemption of Bonds Prior 10 Maturity''; and (b ) for purposes of the Section hereof titled ·'Federal Income Tax Covenants," o nl y a portion of the amounts payable o n the Registered Coupons s hall be treated as interes t , as described in the sec ti o n of the Official Statement desc ribing the federal income tax treatment of interest o n the Bo nd s. ·'O rdinan ce" mean s this Ordinance. including any amendments o r supplement s hereto . 02-/0JJ/R.02 5 • I • 0 • • • '· .. /' . • • - ··sale Certificme" mean s the certificate executed by the Direc tor o f Finance and Administrative Services under the authority delegated pursuant to thi s Ordinance . including but not limited to the Section s hereof titled ··Bond and Regi stered Coupon Detail s ." ··Redemption of Bonds Prior to Maturity" and "Approval of Related Documents·· which set forth. amon g other things. the prices at which the Bo nds will be sold, the Dated Date. interest rates and annual maturing principal for the Bonds . and the payment date s for the Registered Coupon s. a s well as the dates on which the Bonds may be redeemed and the redemption prices therefore. "State·· means the State of Colorado. "Tax Letter of Instructi on.(" means the Tax Letter of Lnstructions , dated the date o n which the Bonds are originally issued and delivered to the City by Bo nd Counsel. as s uch in s tru c ti o ns may be superseded or amended in accordance with their term s. "Unden v rit er·· means George K . Baum & Company. Den ver. Col o rado . Section 2. Authorization and Purpose of Bonds. Pursuant to and in ac cordan ce \\ it h the Act and the Ballot Question, the City hereby authorizes . and directs that there s ha ll be i~,ued . the "City of Englewood, Colorado. General Obligation Bonds. Series 200 I:· in th e aggregate original principal amount not to exceed $8.325.000 for the purpos e o f providin g fu nd , for the Project. Section 3. Bond and Registered Coupon Details . (a ) Registered Form, Denominations, Dated Date and Numbering . Th e Bo nds and the Regi stered Coupons s hall be iss ued in full y regi stered fonn. s hall be dated a, of the Dated Date. and s hall he regi stered in the name s o f the Persons identifi e d 111 the registration book s maintained by the Paying Agent pursuant hereto . The Bo nd s ,hall be issued in denomination . of S5 .000 in principal amount o r any inte g ral multipl e there o f. The Registered Coupo ns hall be iss ued in denomination s o f $5.000 in the amount o f '·B" interest due on the ·'B " intere st payment date set forth in s ubsection (b) o f thi s Sec ti o n. The Bonds s hall be consecutivel y numbered . beginning with the number one, preceded by the letter "R ." The Reg is tered Coupon s s hall be con secuti vely numbered. beginnin g with the number one , preceded by the letter ··RC.'' (b) Maturity Dates, Principal Amounts and Interest Rates . The Bonds shall mature on December I of the years and in the principal amounts . and s hall bear interest designated ·'A" and supplemental intere st designate ·'B" at the rates per annum (calculated based on a 360-day year of twelve 30-day months) set fo rth in the Sale Certificate. The supplemental interest designated "B'" . hall be evidenced by Re g is tered Coupons payable in s pecific dollar amounts . The C o uncil hereby delegates to the Director of Finance and Admini strative Services the authority to determine the Dated Date , the price at which the Bonds will be so ld. the a ggreg ate am ount of principal o f Bonds is sued. the principal amount of Bonds maturin g in any particular year and the rate of interest designated "A'' and ·'B" o n the Bond s . including the amount of "B'" interest due on any "B" interest payment date . //2-/0JJ / o: 6 • I • 0 • • ,-. • • -' (c ) .t\ccrual and Dates of Payment of Interest . ··A·· intere t o n the Bonds s hall accrue at the rates set fo rth in the Sale Certificate from the la ter of the Dated Da te o r th e late st Interest Payment Date (or in the case of defaulted interest. the lat est date ) to which interest has been paid in full and shall be payable o n each Int e rest Payment Dat e . '·B'" interest represented b y the Registered Coupons s h al I acc rue at th e rate s et fo rth in the Sale Certifi cate, commencing on the Dated Dat e and endi ng on the "B" interes t payment date s pecified in the Sale Certificate for the weighted average maturity principal am o unt of Bonds scheduled to be outstanding durin g such accrual pe ri od. and be pa id as provided in subsection (b) of thi s Section. (d ) Manner and Form of Payment . Principai uf eac h Bo nd and th e am o unt payahle on each Registered Coupon s hall be payable to the Owner thereof upo n presentation and surrender of s uch Bo nd o r Re gis tered Coupon at the principal office of the Paying Agent in the city identified in the definition of P ayi ng Agent in th e Section hereof titled "Definitions·· or at s uc h o th e r office of the Payi n g Agent de s ignated by the Paying Agent for such purpo e . "A" int e rest o n each Bo nd s hall be payable by check or draft of the Pay ing Agent mail ed o n eac h Interest Payment Dat e to the Owner thereof as of the cl ose o f bu sin ess o n the com: po ndin g Record Da te: provided that "A" interest payable to any Owner may be paid b, an y o ther mean s ag reed to by s uc h Owner and the Paying Agent that doe s no t re quire the Ci ty to make mo neys a v ailable to th e Paying Agent earlier than otherwise required hereunder o r in c rease the costs borne b y the City hereunder. All payments of the princ ipal of and interes t o n the Bo nd s s hall be made in lawful money of the United States of America . (e) Book-Entry Registration . Notwithstanding any other provisi o n here of. th e Bonds and the Regi stered Coupons shall be delivered o nl y in book-entry fo rm re g is tered in the name of Cede & Co., as nominee of OTC. acti ng as securities depository of th e Bonds and the Regi stered Coupon s and principal of and "A. interes t on the Bo nds a nd the "B" interest payable on the Registered Coupo ns . hall be paid b y wire transfer to DTC: provided, however, if at an y time the Paying Agent determines. and notifie5 the City o f it determination. that DTC is no longer able to act as. o r is no lon ger s ati s factoril y performing its duties as, securities depository for the Bo nd s and the Re gis tered Coupons. the Paying Agent may, at it s di sc retion , ei ther (i) de s ig nate a subs titute securities depos itory for DTC and reregi ster the Bonds and the Re g istered C o upons as direc ted by such s ubstitute securities depository o r (ii ) terminate the book-entry re g is trati o n syste m and reregister the Bonds and the Regi stered Coupons in the names of the be neficial owners thereof provided to it by OTC. either the City nor the Pay in g Agent ·h a ll have any liability to DTC, Cede & Co., any subs titute sec uritie s depository. any Person in w ho se name the Bonds and the Regi stered Coupons are reregi stered at the direction of any subs titute securities depository, any beneficial o wner of the Bo nd s and the Re g is tered C o upons or an y other Person for (A ) any determination made by the Payi ng Agent pursuant to the provi s o at the end of the immediatel y preceding sentence o r (B ) an y action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by OTC. Cede & Co., any s ubstitute securities depository or any Person in whose name th e Bo nds and the Registered Coupons are reregistered . 02-/033/8.02 7 • • I • 0 • • • • • - Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Redemption . The Bo nd s hall be subject to redemption at the o ption of the City, in whole or in part , and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dates as set forth in the Sale Certificate . The Council hereby delegates to the Director of Finance and Admini s trative Services the authority to determine the dates on which the Bonds shall be s ubject to o ptional redemption and the redemption price or prices at which such redemption may be made . (b) Mandatory Sinking Fund Redemption . All or any principal amount of the Bonds may be subject to mandatory s inking fund redemption by lo t o n December I of the years and in the principal amounts spec ified in the Sale Certificate. at a redemption pric e equal to the principal amount thereof (with no redemption premium ). plu, ac c rued interest to the redemption daie. The Council hereby dele g ates to the Director o f Finan ce and Administrative Services the authority to determine the principal amounts and da te s on which the Bonds s hall be subject to mandatory s inking fund redemption . (c) Redemption Procedures . otice of any redemption o f B nd s ,hall be g l\ e n by the Paying Agent in the name of the Cit. by ~endi ng a copy of ~uch no ti ce by first-class, postage prepaid mail. not more than 60 day, nor le,s than 'O da y, prior to the redemption date, to the Owner of each Bo nd being redeemed . u h no tic e ,hall pecify the number or numbers of the Bonds o to be redeemed ( if redempti o n s hall be in part ) and the redemption date. u· any Bond s hall have been duly called for redemption and if. on or before the redemption dare. there hall have been deposited with the Payin g Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date. then such Bond s hall become due and payable at s uch redemption date , and from and after ·uch date interest will cease to accrue thereon . Failure to deliver any redemption notice o r any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and s hall be cancelled . Section 5. Security for the Bonds . (a) General Obligations . The Bonds s hall be general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds . The Bonds s hall not constitute a debt or indebtedness of the County, the State or any political subdivision of the State other than the City. (b) levy of Ad Va/orem Taxes . For the purpose of paying the principal of and interest on the Bonds when due , respectively, the Council s hall annually determine and certify to the Board of County Commissioners of the County. a rate of levy fo r general ad valorem taxes. without limitation as to rate o r amount. on all of the taxable property in the City, sufficient to pay the principal of and interest on the Bonds when due. respectively , whether at maturity o r upon earlier redemption . 02-IOJJ I B.02 8 • I • 0 • • • ,,,.. . • ,. ,. • - (c) Applicatio,r of Proceeds of Ad Valorem Taxes . Th e general ad va lo rem ta xes levied purs uant to s ubsection (b) of thi s Section . when collected. s hall be deposited in th e Bond Account and shall be applied so lel y to the payment of the principal of and inte res t on the Bonds and for no other purpose until the Bo nds. including principal and interest. are fully pa id , satisfied and discharged. (d) Appropriatio,r a,rd Budgeti,rg of Proceeds of Ad Valorem Taxes . Mo ne ys received from the general ad valorem taxe s levied pursuant to subsection (b ) o f thi s Section in an amount sufficient to pay the principal of and interest on th e Bo nds when due, respectively, are hereby appropriated for that purpose , and all amount s required to pay the principal of and intere st on the Bonds due. res pecti ve ly. in each ye ar s hall be included in the annual budget and appropriation ordinance to be adopted and passed by the Council for such year. (e) Use or Advance of Other Legally Available Moneys . Nothing he re in s hall be interpreted to prohibit or limit the a bility of the City to use le gall y ava il ab le m o neys o th e r than the proceeds of the general ad valo rem propen y taxe s levied purs uant to s ub sect ion (b) of thi s Section to pay all o r any po ni o n of the principal of o r int e rest on the Bo nd~. If and to the extent such other le gall y avai lable mo neys a re used to pay the principal o f or interes t on the Bonds, the City may. but ,hall no t be req uired to. (i) red uce th e amoum o f taxes levied for s uch purpose pursuant to sub secti o n (b) of thi s Section o r (ii ) use proceeds of taxes levied purs uant to sub sec ti o n (b l of thi s Secti o n to reimburse the fund or account from which such other legall y available moneys are withdrawn fo r th e a mo unt withdrawn from such fund or account to pay the prin c ipal of o r inte re~t o n th e Bo nd,. If the City selects alternative (ii ) in the immediatel y preceding se ntenc e. the taxe~ levied purs uant to subsection (b) o f thi s Section s hall include amo unt s s ufficient to fu nd the reimbursement. (f) Certification to County Commissioners. It is hereb y dec lared that. if the Ci ty does not otherwise determine and cenify to the Board of C o unty Co mmi ·s io ners of the County a rate of levy for general ad valorem prope n y taxe s as required by s ubsec ti o n (b ) of this Section, the foregoing provi s ion s of thi s Section s hall constitute a cenificate from the Council to the Board of County Commi ss ioners of the County s how in g the a ggregate amount of ad valorem taxe s to be levied by the Board o f County Commissioners o f th e County from time to time . as required by law . for the purpose of payi ng the principal of and interest on the Bonds when due . (g) Deposit of Moneys to Pay Bonds with, and Payment of Bo,rds by Paying Agent. No later than three Business Days immediately precedin g each date o n which a payment of principal of or interest on the Bonds is due, the City. from mo neys in the Bond Account or o ther legally available money s, s hall depo s it mone ys with the Payi ng Agent in an amount s ufficient to pay the principal of and interest on the Bo nd s due o n such date . The Paying Agent s hall use the moneys so deposited w ith it to pay th e principal of and interest on the Bonds when due . 02.1011 ,~.02 9 • • J I • 0 • • -• ,,-. • I• ... • I • • Section 6. Form of Bonds and Registered Coupons. The Bo nd s shall be in ubs tantially the form set forth in Appendix A hereto and the Regi s tered Coupons s hall be 111 ubstantially the fonn set forth in Appendix B hereto with such changes thereto . not inconsistent herewith. as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of suc h approval). All covenants. statements, representations and agreements contained in the Bonds and the Registered Coupons are hereby approved and adopted as the covenants. s tatement s. repre se ntations and agreements of the City. Although attached as appendices for the convenience of the reader, Appendix A and Appendix B are an integral part of thi s Ordinance and are incorporated herein as if set forth in full in the body of thi s Ordinance. Section 7. Execution of Bonds. The Bond ' s hall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor of the Council. shall bear a manual or facsimile of the seal of the City and s hall be atte sted by the manual or facsimile signature of the City Clerk of the Council , all of whom are hereby authorized and directed 10 prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bond s cease to be s uch officer before delivery of any Bond, such manual or facsimile s ignarure s hall neverth eless be va lid and s ufficient for all purposes. When the Bonds have been duly executed. the officers of the City are authorized to, and shall. deliver the Bonds to the Paying Agent fo r authentication . No Bo nd s hall be secured by or titled to the benefit of this Ordinance. or shall be valid o r obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence. that s uch Bond has been properly authenticated and delivered hereunder. Section 8. Temporary Bonds. Until Bonds in definitive form are ready for delivery , the City may execute. and upon the request of the City. the Paying Agent s hall authenticate and deliver, subject to the provisions. limitations and conditions set forth herein. one or more Bonds in temporary fonn. whether printed, typewritten. lithographed or otherwise produced. substantially in the forms of the definitive Bonds. with appropriate omissions. variations and insertions. and in authorized denominations. Until exchanged for Bonds in definitive form. s uch Bo nd s in temporary form shall be entitled to the benefits and sec urity of thi s Ordinance . pon the presentation and surrender of any Bond in temporary form, the City s hall , without unreasonable delay, prepare. execute and deliver to the Paying Agent and the Paying Agent s hall authenticate and deliver, in exchange therefor. a Bond or Bonds of the same se ries in definitive form . Such exchange shall be made by the Paying Agent without making ::my charge therefor to the registered owner of such Bond in temporary form. Section 9. Registration of Bonds in Registration Books Maintained by Paying Agent The Paying Agent shall maintain regi stration books in which the ownership. tran sfe r and exc hange of Bonds shall be recorded. The person in who e name any Bond s hall be regi s tered o n ~uch registration book shall be deemed to be the absolute owner thereof for all purposes. whether o r not payment on any Bond shall be overdue. and neither the City nor the Paying Agent s hall be affected by any notice or other information to the contrary . 112 • /1/JJ I /12 10 • I I • 0 • • • • f ' • - Section IO. Transfer and Exchange of Bonds and Registered Coupons . (a l Tran sfer and Exchange of Bonds. The Bo nd s m ay be tra nsferred or exchanged at th e principal office of the Pay in g Agent in the ci ty identified in the definitio n of P ayi ng Agent in the Sectio n here of titled ··Defi niti o ns·· o r at s uch o th er office of the P a ing Age nt de ignated b y the Paying Agent fo r s uch purpose for a like aggregate princ ipa l amount of Bonds of other authorized denominations of th e s ame maturity and int e res t rate. upo n payment by the tran sferee of a reasonabl e tran sfer fee e s tabli hed h y th e Pa . ing Agent. to ge ther with any tax or governmental charge re quired to be paid with re s pe c t to s uch tran s fer o r exchange and any cost o f printing bonds in connection therewith . ·po n s urrender for tran s fer o f any Bo nd. dul y e nd orsed fo r tran s fer o r ac c o mpanied by an as ignment duly executed by th e Owner o r hi s o r he r attorney duly authori zed in writing, th e City s hall execute and the Payin g Agent s ha ll authenticate and delive r in the name of the transferee a new Bo nd. No twith standin g any other provi sion hereof. the Payi ng Age nt s hall not be re quired to tran sfe r an y Bo nd (i) which is scheduled to be redeemed in whole or in part between the Bu s ines s Day immediately preceding the mailing of the notice of redempti o n and the rede mpti o n da te or (ii ) between the Record Date for a ny Intere st Payment Date and s uch Int e re s t Pay ment Date. (b) Transfer and Exchange 11f Registered C11upo11s . The Regis tered Coup o ns may be transferred or exchanged at the principal office of the Pay in g Agent in the c it y identified in the definition of Paying Agent in th e Section hereof titled ··Definitions·· o r at such other office of the Paying Agent d esignat e d by the Payi n g Agent fo r ·uc h purpose for a like aggregate amount of ·'B'" intere s t du e o n the ·'B"" intere s t payment date Registered Coupons of other authorized den o minati o ns of the s ame payment date. upo n payment by the transferee of a reasonabl e tran fe r fee establi s hed by th e Payin g Age nt . together with any tax or governmental c harge required to be paid with res pec t to s uch transfer or exchan ge and any cost of printin g bo nds m connec ti o n therewith . pon surrender for tran sfer of an y Regi s tered Coupo n . duly endorsed fo r tran~fe r o r accompanied by an ass ignment duly executed by the Owner o r hi s o r her att o rn ey duly authorized in writing. the City s hall e xecute and the Payi ng Age nt shall authenticate and deliver in the name of the tran sferee a new Re g is tered Coupon. Section 11. Replacement of Lost, Destroyed or Stolen Bonds. Lf any Bo nd s hall become lost, apparentl y de stroyed. sto len or wrongfully taken . it may be replaced in the form and tenor o f the los t. destroyed. to len or taken Bond and the City shall execute and th e Pay in g Agent s hall authenticate and deliver a replacement Bond upon the Owner furni s hing. to the sati sfaction of the Paying Agent: (a ) proof of ownership (w hich s hall be s hown by the registrati o n books of the P ayi ng Agent), (b ) proof of lo ss. des truc tion o r theft. (c ) an indemnity to th e City a nd the Payi n g Agent with res pect to the Bond lost. destroyed o r taken , and (d ) payment of the cost of pre parin g and executing the new Bond . 02-1033/R 02 II • • I I • 0 - • • -• • .. • -.. Section 12. Creation of Accounts; Initial Credits to Accounts. ta) Creation of Accounts . There is hereby established the Bond Account and the Project Account. The foregoing accounts shall be maintained by the City in accordance with the provisions of this Ordinance. (b) Initial Credits to Accounts . Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement. the Bonds shall be delivered to, or as directed by, the Underwriter and the proceeds received by the City from the sale of the Bonds shall be applied as a supplemental appropriation by the City. as follows: (i) to the Bond Account, the accrued interest o n the Bond s from th e dated date thereof to the date of issuance. if any ; (ii ) to the Project Account . the remaining proceeds of the Bonds. Section 13. Investments. Proceeds of the Bond s delivered to the City pursuant to the Section hereof titled "Creation of Account s: Initial Credits to Accounts." mone ys o n depo~it in the Bond Account and any moneys held by the Paying Agent with re spe ct to the Bo nd s s hall be invested in Permitted Investments, provided that the inve stment o f such moneys shall be s ubject to any applicable restriction s set forth in the Tax Letter of Instruction s and in th e .. T ax Compliance Certificate·· or s imilar certificate delivered by the City in conne c ti o n with th e issuance of the Bonds that describes the City 's expectations regarding the use and investment o f proceeds of the Bonds and other money s and the use of the Project. Section 14. Various Findings, Determinations, Declarations and Covenants. The Council. having been fully informed of and having considered all the pertine nt fact s and circumstances, hereby finds , determines , declare s and covenants with the Owners of th e Bo nds that : (a) voter approval of the Ballot Question was obtained in accordanc e wi th all applicable provisions of law ; (b) it is in the best interest of the City and its re s idents that the Bo nd s be authorized, sold, issued and delivered at the time, in the manner and fo r the purposes provided in this Ordinance; (c) the issuance of the Bonds will not cau se the City to exceed its debt limit under applicable State law ; (d ) the DTC Blanket Letter of Repre sentation s to be entered into with DTC will govern the book-entry registration system for the Bonds; and (e) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, prov isions and limitation s prescribed by the Charter. the Constitution and laws of the State . including the 01-JOJJIR01 12 ., ) I • • • • • • - Act and the Ball ot Ques t ion. and all conditi ons and limitations of the Charter. the A.:t. the Ballot Que stion and ot her app licabl e law relating to the iss uance of the Bo nd s have been sati sfied . Section 15. Federal Income Tax Covenants. For purposes of ensuring that the interest on the Bonds is and remai ns excluded from gross in come for federal income tax purpos e . the City hereby covenants that: (a) Prol,ibited Actions . The City will not use o r permit the use of any proceeds of the Bonds or any other fund s of the City from whatever so urce deri ved . directly or indirectly, to acquire any sec urities or obligations and shall not take o r permit to be taken any other action or actions. which would cause any Bond to be an ··arbitrage hond·· wi1hin the meaning of Section 148 of the Code. or would otherwise cause the int e rest on any Bond to be includible in gross income for federal income tax purposes . (b) Affirmative Actions . The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City o n th e Bonds s hall not be includible in gross income for federal income ta x purposes under the Code or any other valid provision of law. In particular. but without limitati on. the City represents, warrants and covenants to compl y with the fol lowing rules unle ss it receives an opinion of Bond Counsel statin g that s uch compliance is not ne cessary: (i ) gro~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 o r indirectly ··fede rally guaranteed··: and (iii ) the City will timely file an Int erna l Revenue Service Form 8038-G with respect to the Bonds. which shall contain the inf rmation required to be filed pursuant to Section l-+9(e 1 of the Code. (c) Tax Letter of Instructions . The City will comply with the Tax Letter of Instruction s delivered to it on the date of issuance of the Bonds , including but not limited by the provi sion s of the Tax Letter of Instruction s 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 In s tructions: provided that. in the event the Tax Letter of Instruction s are s uperseded or amended by new Tax Letter of Instructions drafted by. and accompanied by an opinion of. Bond Counsel stating that the use of the new Tax Letter of In structions will no t cause the interes t on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter 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 e ntities w hich derive their issuing authority from the City or are ·ubject to s ubs tantial control by the City, shall not be more than $10.000 ,000 during calendar ye ar 2001 . The City recognizes that such tax-exempt obligations include notes, leases. loans and warrants. as well as lie IOJJ /802 13 • .. I • 0 • • ~- • • - bonds. The City further recognize s that any bank , thrift in st ituti o n o r o th er fi nan cial institution that ow ns th e Bonds w ill rely o n th e City 's designati o n of the Bo nd s as qualified tax-exe mpt ob li gation s for the purpose of avoiding the loss of 100 % of any otherwise available intere st deductio n attributable to s uch in stituti o n 's tax -exempt holdings. Section 16. Defeasance. An y Bond s hall not be deemed to be Outstandin g hereunder if it s hall have been paid and cancelled or if Defeasance Securities s hall have been deposited in trust for the payment thereof (whether upon or pri or to th e maturity of suc h Bo nd , but if such Bond is to be paid prior to maturity , the City shall have given the Pay in g Agent irrevocab le directions to give notice of redemption as required by thi s Ordinance, o r such no ti ce s hall ha ve been g iven in accordance with thi s Ordinance ). In co mputing the amount of th e deposit de scribed above, the City may include the maturing principal of and interest to be earned o n the Defeasance Securities. lf le ss than all the B o nd s are to be defeased purs uant to thi s Secti o n . the City. in it s sole di scretion , may select which of the Bo nds shall be defeased . Notwithstanding anything herein to the contrary. in the event that the pt incipal and/or interest due on the Bonds shall be paid by the Bo nd In s urer pursuant to the Bond In su ranc e Po lic y. the Bonds s hall remain Out standin g fo r all purposes, no t be defeased o r o th e rwi se s atisfied and not be considered paid by th e City, and all covenants, agree me nt s and o th e r ob li gations of the City to the Owners s ha ll continu e to exis t and s hall run to th e be ne fit o f th e Bo nd In s urer, and the Bond In s urer shall be s ubrogated to the ri g hts of s uch Owners . Section 17. Events of Default. Each of th e following event s co nstitut es an Event o f Default: (a ) Nonpa)'ment of Principal or Interest. Fai lure to mak e any payment of principal of or intere st on the Bonds when due. (b ) Breach or Nonperformance of Duties . Bre ach by the Cit y of any material covenant set forth herein or failure by the City to perform any material duty imposed o n it hereunder and continuation of such breach or failure for a period of 60 days after receipt by the City Attorney of written no ti ce th ereof from th e Payi ng Agent or from the Owners of at least 10% of the aggregate amount of th e Bo nd Obligation . provided that such 60 day period s hall be extended so lon g as th e City has comme nced and continu es a good fai th effort to remedy s uc h breach or failure . (c) Bankruptcy or Receivership . An o rd er of decree by a court of competent jurisdiction declarin g the City bankrupt under federa l bankruptcy law o r appointing a receiver of all or any material porti o n of the City 's asse ts o r revenues is e nt ered wi th the consent or ac quiesce nce of the City o r is entered without the conse nt or acq ui escence of the City but is not vacated , discharged o r s tayed wi thin 30 days after it is e nt ered. U:!,/OJJ/8 02 14 • I • 0 • • • • • - Section 18. Remedies for Events of Default . (a) Remedies . pon the occu rren ce and co ntinuance of any Event of De fa ult. the Owners of not les s than 25 % of the aggregate amount of the Bo nd Obligation. including. without limitation. a trustee or trustees therefor may proceed against the City to protect and to enforce the right s of the any Owners und er this Ordinance by mandamus . injunction or by other s uit . action or spec ial proceedings in equity or at law. in any court of compt:lt:nt jurbdiction: (i) for the payment of interest on any installment of principal of any Bond that was not paid when due at the intere st rate borne by such Bo nd : (ii ) fo r the specific performance of any covenant contained herein: (iii ) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond : (iv ) fo r any ot her proper legal or equitable remedy ; or (v) any combination of such remed ies or as o th erwi se ma y be authorized by applicable law ; provided . however, that acceleration of any amount not yet due on the Bonds according to their term s shall no t be an available remedy. All s uch proceedings at law or in equity s hall be in s tituted. had and maint ai ned for th e eq ual benefit of all Owners of Bonds then Outs tanding . (b) Failure to Pursue Remedies Not a Release; Rights Cumulative . The failure of any Owner of any Outstanding Bond to proceed in accordanco:: with ·ubsecti o n (al o f this Section shall not relieve the City of any liabilit y for failure to perfom1 o r carry o ut it s duties under this Ordinance . Each right or privilege of any s uch Owner (or trustee therefor) is in addition and is cumulative to any o ther ri g ht o r privilege . and th e exercbe of any right or privilege by or on behalf of any Owner hall not be deemed a waiver of any other right or privilege of such Owner. (c) Bond Insurer Third-Party Beneficiary: Right to Control Remedies . To the extent that this Ordinance confers upon or gives o r grant to the Bo nd In s urer any right. remedy or claim under or by reason of thi s Ordinance. the Bond In s urer is hereby explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or gra nted hereunder. Upon the occurrence and continuance of an Event of Default. so long as it is not in default of its obligations under the Bond Insurance Policy , the Bond In s urer s hall be entitled to control and direct the enforcement of all rights and remedie s granted to the Owners under thi s Ordinance and pursuant to State law . Section 19. Amendment or Ordinance . (a) Amendments Permitted without Notice to or Co,isent of Owners . The City may. without the conse nt of or notice to the Owners of the Bonds. adopt o ne or more o rdinances amending o r s upplementing this Ordinance (which ordinances s hall thereafter become a part hereof) for any one or more or all of the following purposes : IJl ./OJJ/~112 I i ) to cure any ambiguity o r to cure , correct or s upplement an y defect or inconsistent provi ·ion of this Ordinance: 15 • • I • 0 - • • • • •. • -... (ii ) to ubject to this Ordinance or pledge to the payment of the Bonds additional revenues. propenies or collateral: (iii ) to in s tirute or terminate a book-entry regi s tration system for the Bo nd s or to facilitate the desig nation of a s ub s titute sec uritie s depository with re pect to such a system: (iv ) to maintain the then existing o r to sec ure a h ig her rating of the Bonds by any nationally recognized securities rating agency: o r (v) to make any other change that does no t material!. adver e ly affect the Owners of the Bonds. (b) Amendments Requiring Notice to and Consent of Ow11ers . Except for amendments pennitted by s ubsection (a) of this Section. thi s Ordinance may o nl y be amended (i) by a ordinance o f the City amendin g or ~up plementing this Ordinance (which, after the consents required therefor. shall beco me a pan hereof): and (ii) with the written consent of the Owners of at leas t 66-2/3 % of the Bo nd Obli g at io n : provided that any amendment that makes any of the following c han ge · with respect to an , Bond s hall not be effective without the written consent of the Owner of uch Bond : (A ) a change in the maturity of s uch Bo nd: (8 ) a reduction of the intere st rate on s uch Bond: (C ) a c han ge in the terms of redempti o n of s uch Bond ; (D ) a delay in the payment of principal of or interest on s uch Bond ; (E ) a reduction of the Bond Obligation the conse nt of the Owners of which is required for an amendment to thi s Ordinance: o r (F ) the e~tablishment of a priority or preference for the payment of any amount due with re spect to any ot her Bo nd over s uch Bond. (c) Procedure for Notifying and Obtaining Consent of Ow11ers . Whenever the conse nt of an Owner o r Owners of Bo nd is required under subsection (b ) of this Section. the City ~hall mail a notice to s uch Owner or Owners at their addresses as set fo nh in the registration books maintained by the Paying Agent and to the Underwriter. which notice shall briefly describe the proposed amendment and state that a copy of the amendment is o n file in the office of the City for in spection. Any consent of any Owner of any Bo nd obtained with respect to an amendment s hall be in writing and s hall be final and no t s ubject to withdrawal, rescission or modification for a period of 60 days after it is delivered to the City unle ss another time period is stated fo r s uch purpose in the no tic e mailed pursuant to thi s s ubsec tion . (d) Consent of the Bond Insurer in Addition to Consent of Owners . The Bond insurer's consent shall be required in addition to the consent of Owners. when required. for the following purposes: (i) execution and delivery of any supplemental Ordinance or any amendment, s upplement or change to or modification of this Ordinance: (ii ) removal of the Paying Agent and se lection and appointment of a s ucce ssor: and (iii) initiation or approval of any action not described in (i) or (ii ) above which requires the conse nt of Owners. 02 -1033 /HO ] 16 I • 0 • • -• • .. , • - Section 20. Appointment and Duties of Paying Agent The Paying Agent identified in the Section hereof titled ·'Definition ·· is hereby appointed as paying agent . registrar and authentica ting agent for the Bo nds unle ss and until the City removes it as s uch and appoint s a uccessor Payi ng Agent, in which event s uch successor shal l automatically s ucceed to the duties of the Paying Agent hereunder and its predecessor shall immediately tum over all it s records regarding the Bonds to suc h s uccessor . The Pa yi ng Age nt sha ll agree to perform all duties and to take all actions assigned to it here under in accordance with the tem1 hereof. Section 21. Approval of Related Documents. The Council hereby ratifies a nd approves the distribution and use in connection with the offering of the Bo nd s or the Prelimi nary Official Statement relating to the Bonds: authorizes and directs the preparation of. and authorizes and directs the execution by the Mayor of the Council of. an Official Statement for use in connection with the sale of th e Bo nds in ub s tanti a ll y the form of the Preliminary Official Statement, with s uch changes therein, if any. no t incon is tent herewith, as are approved by th e Mayor of the Council (w hose s ignature th ereon s hall con stitute conclusive evidence of suc h approval): and for a period of s ixty days following the adoption of thi s Ordinance . the Director of Finance and Administrative Services is authorized to executed the Bo nd Purcha:;e Agreement. which s hall be in s ubstantially the form presented to the City at this meeting and s ha ll be completed in accordance with th e terms of thi s Ordinance (which . once executed. shall consti tut e conclu s ive evidence of approval of the City). The Mayor of the Council. the City C lerk and a ll o ther appropriate officers of the Council are a lso hereby authorized and directed to execute an undertaking to facilitate compliance with Securities and Exchange Commission Rule I 5c2-I 2 (17 C.F.R . § 240.15c2-12), the OTC Blanket Letter of Repre se ntation s . the Paying Agent Agreement. a "Tax Compliance Certificate" or si mil ar certificate describin g th e City's expectations regarding the use and investment of proceeds of the Bo nd s and other money. and the use of the Project. an Internal Revenue Service Form 8038 -G with respect to the B nds and all other documents and certificates necessary o r de irablc to effectuate the issuance o r administration of the Bonds. the inve stment of proceed, of the Bo nds and the transacti om contemplated hereby. Section 22. Authorization of Bond Insurance . (a) The officers of the City are hereby authorized and directed to take a ll acuon s necessary to cause the Bond Insurer to issue the Bond In s uranc e Po li cy in accordance with the Commitment, including without limitation. payment of the premium due in connection therewith . The execution of the Commitment by the appropriate officer o f the City is hereby ratified and approved. (b) In the event that. on the second Business Day, and again o n the Bu si ne s s Day. prior to the payment date on the Bonds , the Payi ng Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the econd fo ll owi ng or following, as the case may be. Bu s ine ss Day, the Paying Agent s hall immediately notify the Bond In surer or its designee on the same Business Da y by telephone or telegraph. confirmed in writing by registered or certified mail, of the amount of the deficiency. l/2-IOJJ /8.02 17 • •, .. I • 0 - • • c_·. • I !'., • - (c) If the deficiency is made up in whole or in part prior to o r o n the payment date, the Paying Agent s hall so notify th e Bo nd In s urer or it s design ee. (d ) In addition. if the Paying Agent has notice that any Owner has been required to disgorge payments of principal or interest on the Bonds to a trustee in Bankruptcy o r creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preferen ce to s uch Owner within the meanin g of any applicable bankruptcy laws , then the Paying Agent s hall notify the Bond In sure r o r it s designee of such fact by telephone or telegraphic notice. confirmed in writing by registered or certified mail. (e) The Paying Agent is hereby irre voc abl y designated. appointed. directed and authorized to act as attorney-in-fact for Owners of the Bo nd s as fo ll ows : (i) lf and to the extent there is a defi c ienc y in am ounts required to pay interest on the Bonds. the Paying Age nt ha ll (al execut e and deliver to S tat ..: Street Bank and Trust Company , N.A., or it s s ue esso rs under th e B net ln ,urance Policy (the ·'Ins urance Paying Age nt '"). in f rm s atisfac t ry to the ln s ur:.mce Paying Agent. an instrument appointing th e Bond ln ,urer as agen t for s uch Owners in any legal proceeding related to th e payment o f ,uch 111tere s t anti an as s ignment to the Bond Insurer of the claims for interes t to wh ich ~u h de ficienc relates and which are paid by the Bo nd In s urer. (b l re e1ve a dc~i g nce of the re s pective Owners (and not as Payin g Age nt ). in acco rdance wi th the ten o r of the Bond Insurance Policy , payment from the In s ura nce Agent with re spec t to the claims for interest so assigned. and (c) di,burse the same to s uc h respec ti ve Owners; and (ii ) lf and to the extent of a deficiency in amounts re quired to pay principal of the Bonds , the Paying Agent hall (a) e xec ute and deliver to th e Insurance Paying Agent in form sati sfactor y to the Insurance Payin g A ge nt an instrument appointing the Bond Insurer as agent for s uch Owner in any legal proceeding relating to the payment of such principal and an assignment to the Bond Insurer of any of the Bonds s urrendered to the In surance Payin g Agent of so much of the principal amount thereof as has not previously been paid or for whi c h moneys are not held by the Paying Agent and available for such pay ment (but uch assignment s hall be delivered only if payment from the In s uran ce Payin g Agent is received), (b ) receive as designee of the respective Owners (and no t as Paying Agent) in accordance with the tenor o f the Bond In s urance Po li cy payment therefor from the In surance Paying Agent, and (c ) di s burse the same to s uch Owners. (f) Payments with respect to claims for interest on and prin c ipal of Bo nds disbursed by the Paying Agent from proceeds of the Bo nd In surance Po lic y s hall not be cons idered to discharge the obligation of the City with re s pect to such Bonds . and the Bo nd lnsurer s hall become the o wner of such paid Bonds and claims for the interest in 02 -I UJJ/8.02 18 • I • 0 • • • • '. • • .. accordance with the tenor of the assignment made to it under the provisi o ns o f thi s subsection or otherwise. (g) Irrespective of whether any such assignment is executed and deli vered . th e City and the Paying Agent hereby agree for the benefit of the Bond In s urer that : (i) They recognize that to the extent the Bond In s urer makes p ayment s . directly or indirectly (as by paying through the Paying Agent ). o n ac count o f principal of or interest on the Bonds, the Bond Insurer will be subrogated to the rights of such Owners to receive the amount of such principal and interes t fr o m the City. with interest thereon as provided and solely from the source s stated in this Ordinance and the Bonds: and (ii ) They will accordingly pay to the Bond Insurer the amount o f s uch principal and interest (including principal and int e rest recovered under subparagraph (ii ) of the first paragraph of the Bond Insurance Poli cy. which principal and interest shall be deemed pas t due and not to have been paid). with interest thereon as provided in this Ordinance and the Bonds , but onl y fr o m the sources and in the manner provided herein for the payment of principal o f and interest on the Bonds to Owners . and will otherwise treat the Bond Insurer a s the owner of such rights to the amount of such principal and interest. (h ) In connection with the issuance of additional Bonds. the City shall deliver to the Bond Insurer a copy of the disclosure document, if any , circulated with re s pect to s uch additional Bonds. (i ) Copies of any amendments made to the documents executed in conn ec ti o n with the issuance of the Bonds which are consented to by the Bond In s urer s hall be sent to Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies , In c . U) The Bond Insurer shall receive notice of the resignation or removal o f the Paying Agent and the appointment of a successor thereto. (k) The Bond lnsurer shall receive copies of all notices required to be delivered to Owners and, on an annual basis, copies of the City's audited financial statements and Annual Budget. An y notice that is required to be given to a Owner of the Bonds or to the Paying A gent purs uant to thi s Ordinance shall also be provided to the Bond Insurer. All notices required to be g iven to the Bond lnsurer under this Ordinance shall be in writing and shall be sent by regi s tered o r certified mail addressed to MBlA lnsurance Corporation. 113 King Street, Armonk. ew York I 0504. Attention : Surveillance. Section 23. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment , event or action. if an y payment to be made hereunder or any event or action to occur hereunder which. but for this Section, is to be made or is to occur on a day that is not a Business Day , s uch payment. event o r tJ ]./011 /801 19 • ., .. I • 0 ] • • -• • • - action s hall instead be made or occur on the next succeeding day that is a Busine.s Day with the same effect as if it was made o r occurred on the date on which it was o ri ginally ·ched u led to be made or occur. Section 24. Limitation of Actions. ln accordance with Section I 1-5 7-2 12. Colorado Revi sed Statutes, no legal or equitable action can be brought with re pect to an . legislative act o r proceedings in connection with the authorization or issuance of the Bo nds m o re than 30 days after the issuance or authorization of such securities, whichever occurs later. Section 25. Ordinance is Contract with Owners of Bonds and lrrepealable. After the Bonds have been issued , this Ordinance s hall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds s hall be fully paid. sati sfied and discharged and all o ther obligations of the City with res pect to the Bonds s hall have been sati sfied in the manner provided herein . Section 26. Headings. The· headings to the various sections and s ub secti o n s to thi s Ordinance have been inserted solely for the convenience of the reader, are not a part of this Ordinance and s hall not be u ed in any manner to interpret this Ordinance. Section 27. Severability. It is hereb expressly declared that all provi sions hereof and their application are intended to be and are 'everable. In o rder to implement suc h intent. if any provision hereof or the application the re of is determined by a court or administrative body to be invalid or unenforceable. in whole o r in part. 'uch determination s hall not affect , impair o r invalidate any other provi sion hereof or the applicati n of the provision in question to any o th er situation : and if any provi sion hereof or the application thereof is determined by a court or administrative body to be valid or enforceable o nl y if its application is limited. it s application s hall be limited as required to most fully implement its purpose. Section 28. Repeal of Inconsistent Ordinances, Resolutions, Bylaws. Rules and Orders. All ordinances, resolutions, bylaws, rules and o rders . or parts th e re of. that are inconsistent with or in conflict with this Ordinance. are hereby repealed to the extent of s uch inconsistency or conflict. Section 29. Ratification of Prior Actions. All action here tofo re tak e n (not inconsistent with the provisions of this Ordinance, the Act or the Ballot Question ) by the Council or by the officers and employees of the City directed toward the issuance of the Bo nd s for the purposes herein set forth are hereby ratified, approved and confirmed . Section 30. Declaration of Emergency . The Council has been advised that the designation of the Bonds as bank qualified, as provided in Section I S(d) of this Ordinance, will permit the City to obtain the lowest interest rate s possible for the Bonds. In order to so designate the Bonds. the Bonds must be issued in calendar year 2001. Because the Bonds would not be able to be issued in 200 I without the use of an emergency ordinance, the Council hereby finds and determines that this Ordinance is necessary for the immediate preservation of public property, health. peace and safety and shall be in full force and effect immediatel y upon final passage by the Council. 02-/033 18.02 20 • I • 0 • -• • . . • -' Introduced , read in full , and passed as an emergenc y o rdinance on first reading, on the 19•h day of November 200 I . Published as an Emergency Bill for an Ordinance on the 23 rd day of November 200 I. (SEAL ) -------------• Mayor AITESTED: Loucrishia Ellis, City Clerk I, Loucrishia Ellis , City Clerk for the City of Englewood , Colorado, hereby cenify that the above and foregoing is a true copy of an Emergency Bill for an Ordinance. introduced . read in full , and passed on first reading on the 19th day of November 200 I . 02-IOJJ/8.02 2 1 - I • 0 • • • o. R-_ "A" Interest Rate % REGISTERED OWNER : ;.,-. • ) . . . • -' APPENDIX A FORM OF BOND UNITED ST A TES OF AMERICA ST ATE OF COLORADO CITY OF ENGLEWOOD, COLORADO GENER.\L OBLIGATION BOND SERIES 2001 Maturity Date December I . Cede & Co. Original Dated Date ____ .2001 Tax Identification Number: 13-2555119 PRINCIPAL SUM :** Ct;SIP DOLLARS ** The City of Englewood. Colorado. a duly o rganized and validly existing home -rule municipality of the State of Colorado. for value received. hereby promi ses to pay to the orde r of the regi tered owner named above. or regi tered as s ign ·. the principal s um s tated above o n the maturity date s tated above. with interest on uch principal um from the original dated date s tated above at the interest rate per annum s tated above (c alculated based on a 360-day year of twelve 30-day months), payable on June I and December I of each year. commencing June I , 2002. Capitalized terms used but not defined in thi s bond s hall have the meaning ass igned to them in the Ordinance of the City authorizing the issuance of the Bonds. The principal of and interest on this bond is payable to the registered owner hereof upon presentation and surrender of this bond at the principal operations office of The Bank of Cherry Creek. '.'J .A .. as paying agent, in Denver, Colorado . or at such other office of the Payin g Agent designated by the Paying Agent for such purpose . Interest on this bond is payable by check or draft of the Paying Agent mailed on the Interest Payment Date to the registered ow ner hereof as o f th e fifteenth day o f the month immediately preceding the month (w hether or not such day is a Bu ine s Day ) in which the Interest Payment Date occurs; provided that , interest payable to the regi stered o wner of this bond may be paid by any other means agreed to by such registered owner a nd the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance: provided further. that. so long as Cede & Co. is the regi s tered owner of this bond. the principal of and interest on this bond shall be paid by wire transfer to Cede & Co. Any payment of principal of or interest on this bond that is due on a day that is not a Bu s ine ss Day 02-/UJ3/80l • I • 0 ] ------------------:~---------:-------..--------.. -,------- • • -• '· .. • • - shall be made on the next s ucceeding day that is a Bu si ne ·s Day with the same effect as if made on the day on which it was o riginally scheduled to be made . All pa yment s of principal o f and interest on thi s bond s hall be made in lawful mone y of the Uni ted States of America. This bond is part of an issue of general obligation bond s of the City de ign ated the Cit. o f Englewood. Colorado. General Obligation Bonds. Series 200 I. iss ued in the principal amount of $ (the ·'Bonds .. ). The Bonds have been issued pursuant to. under th e authorit) of. and in full conformity with , the Charter. the Constitution and the law s of the State. including. m particular. Part 2 of Article 57 of Title 11. as amended (collectively. the "'Act .. ): pur\uant to authorization by a majority of the registered electors of the Cit y voting in an electi n duly cal led and held on November 6. 200 I ; and pursuant to a ordinance ad opted by the City C un c 1 I of th e City. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEE. THE R EG ISTE R D OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF C H CONTRACT AND. AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATE:VIENT L'-THI BOND. Simultaneous ly with the is uance of the Bonds. the City is also iss uin g separate. uctail.:u Registered Coupons evidencing additional interes t on the Bo nd s. The interes t rate ~lat ed ab , e is the interest designated as ·'A'' o n the Bo nd s. Owners of the Bonds will receive o nl~ the principal of and interest de s ig nated in the Ordinance as ''A"' on the Bonds . Ov.ners of the Registered Coupons will recei ve only interest designated in the Ordinance as "'B'' o n th e Bo nd~. The Bonds have been issued by the City for the purpose of providing funds for the Project described in the Ordinance . The Bonds are general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest o n the Bonds. For the purpose of paying the principal of and interest on the Bonds when due . re s pectively , the Council in the Ordinance has covenanted annuall y to determine and ce11ify to the Board of County Commissioner of Arapahoe County, a rate of levy for ge neral ad va lore m taxes , without limitation as to rate or amount. o n all of the taxable property in the City. s uffi c ie nt to pay the principal of and interest on the Bonds when due , respectively, whether at maturit y or upon earlier redemption . [The redemption provisions from Secti o n ~ of the Ordinance and the Sale Certificate s hall be s et fo rth herein .] Notice of an y redemption of Bo nd s hall be give n by the Payi ng Agent in the name of the City by se ndin g a copy of uch noti ce by first -cl ass . po ·tage prepaid mail. not le ss than 30 da ys prior to the redemption date. to the Owner of each Bo nd being redeemed. Such noti ce s hall s pecify the number o r numbers of the Bo nds so to be redeemed (i f redemption s hall be in part ) and the redemption date. If an y Bond s hall have been dul y called for redemp11on and if. on o r before the redemption date. there s hall have been deposited with the Payi ng Agent in accordance with this Ordinance funds sufficient to pay the redemption price of ·uch Bo nd un the redemption date. then uch Bond shall become due and payable at such redempuon date, and from and after such date interest will cease to accrue thereon . Failure to deliver an redempllon notice or any defect in any redemption notice s hall not affect the valid it of the proceeding r r the redemption U2-IOJJ/8.02 A -2 • "- I • 0 • • • -' of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled . The Paying Agent shall maintain registration books in which the ownership. transfer and exchange of Bonds shall be recorded. The per on in whose name this bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for all purposes. whether or not payment on this bond shall be overdue. and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. This bond may be transferred or exchanged at the principal office of the Paying Agent in Denver, Colorado, or at such other office of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate principal amount of Bonds of other authorized denominations ($5,000 or any integral multiple thereof) of the same maturity and interest rate , upon payment by the transferee of a reasonable transfer fee established by the Paying Agent. together with any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Notwithstanding any other provision of the Ordinance. the Paying Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date; or (b) between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or s upplemented from time -to-time with or without the consent of the registered owners of the Bonds as provided in the Ordinance . It is hereby certified that all conditions. act s and things required by the Charter, the Constitution and laws of the State, including the Act. and the ordinances of the City. to exist. to happen and to be performed, precedent to and in the issuance of this bond. exist. have happened and have been performed. and that neither this bond nor the other bonds of the issue of which this bond is a part exceed any limitations prescribed by the Charter, the Constitution or laws of the State, including the Act, or the ordinances of the City . This bond shall not be entitled to any benefit under the Ordinance, or bei.:ome valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon . 02-IOJJ IR.02 A-3 • ' . ' . I • 0 3 X --~ • • • ,..--• •. l .•· .. .. '• • -.. IN WITNESS WHEREOF. the City Council of the City has caused thi s bond to be executed with the signature of its Mayor and attested by the signature of its City Clerk . and ha s caused the seal of the City to be impressed or imprinted hereo n. all as of the date se t fo rth below . THE CITY OF ENGLEWOOD [CITY SEAL] Attest : City Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the is sue described in the~ ithin -mentioned Ordinance. Dated:------- THE BANK OF CHERRY CREEK. N.A.. as Paying Agent By __ _,.__,,--~-,------------ Authorized Signatory STATEMENT OF INSURANCE [The statement of bond insurance required by the Commitment shall be set forth here .] 02-IOJJ /8.02 A-4 ,. • 1 I . 0 32 - • • -• No. RC-_ '· . . •' ... -· • • • ... APPENDIX 8 FORM OF REGISTERED COUPON UNITED STATES Of AMERICA STA TE Of COLORADO CITY OF ENGLEWOOD, COLORADO REGISTERED "8" INTEREST COUPON "8" Interest Payment Date Amount Of "8'" Interest Due On ''8'' Interest Payment Date $. __ _ REGISTERED OWNER : Cede & Co. Tax Identification Number: 13-2555119 PRINCWAL SUM : ** .. S __ _ CUSIP DOLLARS ~* The City of Englewood . Colorado (the ·'City"'), a duly organized and va lidl y existing home-rule municipality of the State of Colorado (the ''State''), for value received . hereby promises to pay to the regi stered owner named above. or registered assign s. on the payment date set forth above, the amount set forth above. which amount represents a propon,o nal interest in the total amount of upplemental interest de signated "B" to be paid on the out standin g principal amount of the City's General Obi igation Bond s. Series 200 I, dated anti i ~ut:tl in the aggregate principal amount of S (the ·'Bonds"). The Bonds and the "B'. interest on the Bonds evidenced by thi s Regi stered Co up o n have been authorized by a ordinance of the City passed and adopted by the City Council of the Cit . prior to the is suance hereof (the "Bond Ordinance"). The Bond Ordinance ma y be amended o r supplemented from time-to-time with or without the consent of the regi stered ow ners o f the Registered Coupons as provided in the Bond Ordinance . The Bonds mature . bear interest. and are subject to redemption . all as specifically set fonh in the Bond Ordinance. and the provi s ion~ of the Bond Ordinance are hereby incorporated herein by reference . The "8'' interest is calculated at the rate and in the manner set fonh in the Bond Ordinance. The amount of "B" interest payable hereunder is payable in lawful mone y of the Cnited States of America to the registered owner hereof upon presentation and surrender of thi Registered Coupon at the principal office of The Bank of Cherry Creek, N.A .. as Payin g Agent (the '·Paying Agent"). in Denver. Colorado. or at such other location as the Payin g Agent ma y direct. lf the date for making payment or performing any action regarding thi s Regi stered Coupon is on a day that is not a Business Day (as defined in Bond Ordinance) such payment shall 02-IOJJIR.02 . ' I • 0 • '· • -. • .. • • .. be made or act performed on the next succeeding day that is a Busines s Day with the same effect as if made on the day on which it was originally scheduled to be made . This Regi . tered Coupon may be transferred , exchanged, and rei ss ued at the principal office of the Paying Agent . or its successor as Paying Agent, all in accordance with the Bo nd Ordinance. This Registered Coupon shall not be entitled to any benefit under the Bond Ordinance. or become valid or obligatory for any purpose. until the Paying Agent s hall ha ve signed the certificate of authentication hereon . THE BOND ORDINANCE CONSTrf TES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS REGISTERED COUPON AND THE CITY. THlS REGISTERED COUPON IS ONLY EVIDENCE OF SL'CH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE BOND ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS REGISTERED COUPON . IN WITNESS WHEREOF, the City Council of the City has caused this Regi stered Coupon to be executed with the ignature of it s Mayor and attested by the signature of it s City Clerk, and has caused the seal of the City to be impressed or imprinted hereon , all as of the date specified above. THE CITY OF ENGLEWOOD [CITY SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Registered Coupon is one of the regi tered coupons de sc ribed in the within-mentioned Bond Ordinance . Dated:------- 02·/0JJ I R.02 THE BANK OF CHERRY CREEK, N.A.. as Paying Agent 8-2 • ", .. "· . , I· 0 • • • ;. ·~·· .. . . • • By_-:--:---:-----,:-::-:-~~~~~~~~~~ Authorized Signatory STATEMENT OF INSURANCE [The statement of bond insurance required by the Commitment shall be set forth here .J ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby se ll s. assigns and tran sfers unt o (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within registered coupon and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to tran sfe r the within registered coupon on the book s kept for registration thereof, with full power of sub stitution in the premises. Dated : ______ _ Signature Guaranteed : Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. NOTICE: The signature to thi s assignment must correspond with the name as it appears upon the face of the within registered coupon in every panicular, without alteration or enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED 02-IOJJJR.02 B-3 .. ,. I· 0 ]- • • • ORDINANCE NO . SERIES OF 2001 --. • • - BY A "THORITY A BILL FOR COUNCIL BILL NO . 79 INTRODUCED _J~UNCIL MEMBER t/ 141 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED" AGREEMENT REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIG DRY CREEK AT ALLEN WATER TREATMENT PLAiVI'" BETWEEN THE URBA.i\l DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS , Urban Drainage and Flood Control District completed and updated mapping of Big Dry Creek m 1997 : and WHEREAS. information from this new study identified the Allen Water Treatment Plant as being located within the flood plan of Big Dry Creek: and WHEREAS , as part of the major improvements to the Allen Treatment Plant completed m 2000 . the Englewood Utilities Department included construction of a floodwall to protect the treatment facility ; and WHEREAS , Big Dry Creek bank protection is required to eliminate the flood plain designation: and WHEREAS, Urban Drainage met with Englewood prior to construction of the floodwall and agreed in principle to fund a portion of the bank protection project; and WHEREAS , the bank protection project may include: stripping topsoil , installing riprap to protect the bank, replace topsoil and seeding; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon l. The City Council of the City of Englewood , Colorado hereby authorizes the Intergovernmental Agreement entitled "Agreement Regarding Final Design and Construction Of Drainage And Flood Control Improvements For Big Dry Creek At Allen Water Treatment Plant" between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is marked as "Exhibit A" and attached hereto. Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 1911, day of November, 2001. -1 - • I • 0 ] • • • ,,--. • ·,· • - COUNCIL COMMUNICATION Date Agenda Item Novem be r 19, 200 1 11 a iii INITIATED BY STAFF SOURCE ... Subject IGA fo r D esign of Big D ry Creek Im p rove m ents at A ll en Water Trea tm ent Pl ant D epartment of Publi_c Works Ri ck Kahm, Cap ital Pr ojects D ir ector COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Counc il 's goal is t o utiliz e interg ove rnmenta l coo p erati o n o n projects. w h ic h ben efi t all pa rt ies . RECOMMENDED ACTION Sta ff re commends counci l approva l of a Bill fo r an Ordinance to en ter into an agreemen t w ith the Urban Drainage and Flood C o nt ro l Distri ct. Th e agreem ent cove rs fi nancial ommitments rela t ed desig n of improv em ents to Bi g D ry Creek adjacent t o th e Allen Wat er Treatmen t Plant. BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Urban Drainage and Fl ood Co ntrol D is tri c t completed and updat ed mapping o i Big Dry CreP.k in 199 7. In fo rmati o n fr o m this n ew study identifie d th e All en Wa ter Trea tment Plan t a b eing located wi thin th e fl ood plan of Big D ry C reek. As p art of th e maj o r imp rove m ents to the All en Trea t m ent Plan t co mple ted in 2000, th e U tiliti es D ep artm ent incl uded constru cti on of a flo o dwall to pro tect th e trea t men t fa ci lit y. H owever, Bi g D ry C r eek b ank p ro t ec tion is required to elim ina t e th e fl o d plain des igna tio n. U rb an Drain age staff m et with En glewood befo re constru ction of the fl oodwall and ag reed in p ri nci ple to fund a p ort io n of th e b ank p ro te cti o n proj ect. Th e bank protec ti o n p roje t may incl u de: stri ppi n g tops oil . installin g r iprap to protect th e bank, replace t ops o il , and se edin g. D es ign engi n ee rs wi ll b e instru ct ed to save as m any of the existin g trees as p ossibl e. Sta ff appl ied fo r f undin g an d th e p ro jec t was budgeted in U rba n Drai nage District's 5-y ear Cap ital Improvement Pr ogram . D esig n fun ds ar e program m ed for 2001 wi th constru c ti on funding antici p at ed fo r 2002 . FINANCIAL IMPACT Design serv ices fo r thi s pro j ect ar e $32,00 0. En glewood's share is 50 % or $16,000. Pr eli m inary co nstru ct ion es tim at es are in the $1 :!0,000 ran ge. U rb an Drain age w ill p art ici p ate 50% fo r con str uct ion . An am en dment to cover c onstru c tion costs will b e pr ese nted t o City Cou nci l aft er desig n is co mpl ete in 2002 . A de quate funds are budget ed for design and c onstru cti on through U til iti es All en Tr ea tm ent Pl ant acco unt 09-03 . LIST OF ATTACHMENTS Bill fo r an Ordinance Inter governm ental A gre ement • • I ) I • 0 • • ... .. • # • - Published as a Bill for an Ordinsnce on the 23rd day of November, 2001. , Mayor A'M'EST: 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 pasaed on first reading on the 19'1' day of November , 2001. Loucrishia A. Ellis -2- ' 0 I • 0 ? • • -. • .. • - AGREEME~ REGARDING FINAL DESIGN A.'© CONSTRUCTION OF DRAINAGE A.'© FLOOD CONTROL IMPROVEMENTS FOR BIG DR Y CREEK AT Al.LE:-.! WATER TREATMENT PLANT Agreement ~o. 01-07 .04 THIS AGREEMENT , made this day of 2001. by and between URBA..'11 DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known :is ''PARTIES"; WITNESS ETH : WHEREAS . DISTRICT . in a polic y statement previously adopted (Resolution No . 14, Series of 1970 and Resolution No. 11 , Scncs of 1973) expressed an mtent to assist public bodies which have heretofore enacted floodplain regulation measures ; and WHEREAS, PARTIES part1c1pated in a Joint planning study entitled "Big Dry Creek (ARAPCO ) & Tnbutaries MaJor Drainageway Planning Phase -B: Pre li minary Design Report" by WRC Engineering, Inc .. dated Apnl. 1998 (here inafter called "PL.\.'11"); md WHEREAS . PARTIES now desire to proceed wnh :he design md construction oi drainage :md tlood conrrol improvements for Big Dry Creek Jt All en W:itcr Tre:itment Plant (heremaner called "PROJECT"); and WHEREAS. DISTRICT has adopted at a public heanng :i Five-Year Capita l Improvement Program (Resolution :-.lo . 77, Scnes of 2000 ) for dr:unage md flood ~ontrol facihues in which PROJECT was included in the 2001 calendar year: and WHEREAS . DISTRICT has heretofore adopted a Sp«1al Revenue Fund Budget for calendar year 2001 ;ubs.:qucm to public heanng (Reso luuo n ~o . 70 , Scnes of ::!000 ) which includes funds for PROJECT : and WHERE . .\S. DISTRICT , Board oi D1rec :o rs has :iuthonzed DISTRICT financial partic ipation for PROJECT (Resolution No . 65 , Sc:nes of 1999 and Resolunon ~o. S5 , Sc:nes of2001 ); and WHEREAS . the City Council of CITY and the Board of Directors of DISTRICT have authorized. by appropriauon or resolution, all of PROJECT costs of the respccnve PARTIES . NOW. THEREFORE , in consideration of the mutual promises contained here in. PARTIES hereto agree as follows : I. SCOPE OF THIS AGREEMENT 2. This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT . SCOPE OF PROJECT A. Final Desjgn . PROJECT shall include the final design of improvements in accordance with the recommendations defined in the PLAN . Specifically, the final design of facilities shall extend from approximately PLAN Station 37 + 40 to PLAN Station 43 + 00, as shown on Exhibit A. • X .. I II I T A I • 0 • • -• 3. • .. • - B. Consquction . PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the hc:1lth, safety. comfon, convenience, and welfare of all the people of the State. and 1s of panicular benefit to the inhabitants of DISTRICT and the property therein. 4 . PROJECT COSTS AND ALLOCATION OF COSTS A. PAR.TIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following : I. Final design services; 2. Construction of improvements; 3. Contingencies mutually agreeable to PAR.TIES . B . It is understood that PROJECT costs as defined above :ire not to exceed S32.000 without amendment to this Agreement. Project costs for the various elements of the effort :ire estimated as follows : filM A,\,I OL :'IT I. 2. Final Design Construction Grand Total S32.000 -0-" S32.000 •Monies for construction will be added by amendment to this Agreement :it :1 later date . This brc:ikdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contnbution by :ill PARTIES plus accrued interest. C. DISTRICT shall contribute 50% of PROJECT costs and CITY shall contnbute 50% of PROJECT costs . Based on total PROJECT costs, the maximum cost to e:ich party shall be : DISTRICT share CITY share TOTAL s. MANAGEMENT OF FINANCES Participation $16,000 $16,000 $32,000 As set forth in DISTRICT policy (Resolution No. 11, Series of 1973 and Resolution No . 49, Series of 1977), the cost sharing shall be after subtracting state, federal. or other sources of fundin& from third parties. However, monies CITY may receive from federal funds. the Federal Revenue Sharing Program. the Federal Commwlity Development Program. or such 2 • • I I • 0 • • -• • ... .. • - similar discretionary programs :is approved by DISTRICTs Board of Directors may be considered as and applied toward CfrY's share of improvement costs . Payment of each party 's full share (CITY. Sl6,000 : DISTRICT. S 16,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authonzed by PARTIES. and as defined herein . DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic noufication to CITY of any unpaid obligauons. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 12). Within one year of completion of PROJECT if there arc monies including interest earned remaining which are not commmed. obligated. or disbursed. each party shall receive a share of such monies. which shares shall be computed as were the original shares (DISTRICT 50%: CITY 50 %). 6. FrNAL DESIGN 7. The contracting officers for PARTIES. as de!ined under Paragraph 12 of this Agreement. shall select an engineer mutually agreeable to both P . .\RTIES . DISTRICT shall contract with selected engineer md shall supervise and coordinate the final design subJect to approval of the contracting officer for CITY . Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of. but not be limited to. the following : A . Prcpar:itlon of J work plm schedule identifying the timing of major elements in the design: B. Preparation of detailed construcnon drawings and spec1ficat1ons: C . Prcpar:ition of an estimate of probable construction costs of the work covered by the plans and specdicauons; D. Preparation of an appropriate construction schedule . DISTRICT shall provide any written work product by the engineer to CITY. MANAGEMENT OF CONSTRUCTION A . ~. Construction costs shall consist of those costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and permits, utihty relocations , and construction related engineering services as defined in Paragraph 4 of this Agreement . B. construcnon Management and Payment I. DISTRICT, with the assistance of CITY, shall administer and coordinate the construction-related work as provided herein. ... ~107°' 3 ) I • 0 • • • 8. C . .. ,•· • • - 2. DISTRICT, with assistance and approval of CITY , shall advertise for construcnon bids; conduct a bid opening; prepare construction contract documents: and award construction contract(s). 3. DISTRICT, with assistance of CITY , shall coordinate field surveying ; staking; inspection; testing ; and engineering as required to construct the proposed drainage improvements . DISTRICT, wtth assistance of CITY. shall assure that construction is performed in accordance with the construcnon contract documents including approved plans and spec1ficanons and shall accurately record the quantines and costs relative thereto . Copies of all inspection reports shall be furnished to CITY on a weekly basis. At CITY's option . DISTRICT shall retain an engineer to perform all or a part of these duties . 4 . DISTRICT, with approval of CITY . shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation : survey control points : explanatory sketches : revisions of contract drawings: shop drawing review : as-constructed drawings : weekly inspection of work ; and final inspection . 5. PARTIES shall ha ve ac:ess to the site dunng construc n on at all times to observe the progress of work :ind conformance to construction contract documents including plans and spec ifications . 6. DISTRICT shall review and approve contractor billings and send them to CITY for approval . DISTRICT shall remit payment to contractor based on billings approved by PARTIES . 7. DISTRICT. with assistance and written concurrence by CITY. shall prepare and issue all wntten cl1;1nge or work orders to the contract documents . 8. PARTIES shall Jointl y conduct a final inspection and :iccept or reJect the completed PROJECT 1n accordance with the contract documents . 9. DISTRICT shall prov,de CITY a set of vellum reproducible "as-construc ted" drawings . Construction Change Orders . In the event that it becomes necessary and adv isable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers . No chanae orders shall be approved that increase the costs beyond the funds :ivailable in the project tund. including interest earned on those funds. unless and until the additional funds needed to pay for the :idded costs are committed by all PARTIES . MAINTENANCE PAR.TIES aaree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT. at CITY's request, shall usist CITY with the maintenance of all facilities constructed or modified by virtue of this ..,._...,1070& 4 • I • 0 • i ... ,, • - Agreement to the c:xtent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and tlood control features of PROJECT . M:untenance assistance may include activ ities such as keeping flow areas free and clear of debris and silt. keeping culverts free of debns and sediment , repairing drainage and flood control structures such as drop structures and energy dissipaters. and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY. upon acceptance of DISTRICTs annual Maintenance Work Program . DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility condinons and for maintenance when funds arc available . 9 . FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain ofB1g Dry Creek w1t hin CI TY in the manner prescribed by the '.'lational Flood Insurance Program and prescnbed regulanons thereto as a minimum . PARTIES understand and agree. however. that CITY cannot obligate 1tse lfby .:oncr:ict to exercise its police powers . If CITY rails to regulate the floodplain of B1g Dry Creek within CITY in the manner prescnbcd by ,he '.'lanonal Flood Insurance Progr:im :ind prescnbed regulanons thc:reto as a minimum, DISTRICT may exercise its power to do so :ind CITY shall cooper:ite fully . 10 . TERM OF AGREE:\,IENT The term ofth1s Agreement shall commence upon final exccunon by all PARTIES and shall termin:ite two ye:irs :ifter the final payment is made to the construcnon contractor and the final accounting of funds on deposit 1t DISTRICT is provided to :ill PARTIES pursuant to P:ir:igr:iph 5 herein. except for Pmgr:iph 9. FLOODPLAIN REGUL\ TION , and Pmgr:iph 8. MAr.>JTE:-IANCE. wh1~h shall run in perpetuity . II . LIABILITY Each party hereto shall be responsible for any suits, demands , costs or :ictions :it law resulting from its own acts or omissions and may insure against such possibilities as • appropriate. • • 12 . CONTRACTING OFFICERS AND '.'IOTICES A. Th.: contr:icting officer for CITY shall be the City Mayor, 1000 Englewood Parkway . Eni;lewood . Colorado 80110 . B. The contracnng officer for DISTRICT shall be the Executive Director. 2480 West 26th Avenue, Suite 1568, Denver, Colorado 80211. C. Ally notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing. delivered personally or sent by registered mail. postage prepaid and return receipt requested. addressed to .. ,...-11 107°' s • 'I I • 0 - • • ------~------------------~.,_-----------------------~---~---.,---~-- • • ·. .. • - PARTIES at the addresses set forth above or at such other address as either party may here:ifter or from time to time designate by wntten notice to the other party given when personally delivered or mailed. and :;hall be considered received in the earlier of either the day on which such notice 1s actually received by the party to whom it is addressed or the third day after such notice 1s mailed. D . The contracting officers for PARTIES each agree to designate :ind assign a proiect rcpresenutive to :ict on the behalf of said PARTIES m :ill matters related to the designs and construction undertaken pursuant to this Agreement. Each representative shall coordinate all design and construction-related issues between PARTIES. shall attend all progress meetings. and shall be responsible for providing JII available proJcct-related file information to the engineer upon request by DISTRICT or CITY . Said representatives shall have the authority for :ill approvals. authonzations. nouces or concurrences required under this Agreement or any amendments or addenda to this Agreement. 13 . AMENDME:-ITS This Agreement contains lll of the terms agreed upon by :ind among P . .\RTlES. Any amendments or modifications to this Agreement shall be in wntmg :ind executed by PARTIES hereto to be valid :ind binding. !~. SEVERABILITY If :iny clause or provision herein contained shall be adjudged to be inv:ihd or unenr'orceab le by :i coun of competent jurisdiction or by operation of any applicable: law , such invalid or unenforceable clause or provision shall not affect the validity of the .\greement :is a whole and :ill other clauses or provisions sh all be given full force :ind effect. I 5 . APPLIC.\BLE LAWS 16 . This Agreement shall be governed by and consO"Ued in accordance with the laws of the State of Colorado . Venue for :iny and all legal acti ons ansing under the .\greemem shall lie in the District Court in Jnd for the County ..if Denver, State of Colorado . ASSIGN ABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 17 . BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 18 . ENFORCEABILITY PARTIES hereto agree and acknowledge that this Ap"eement may be enforced in law or in equity, by decrtt of specific perfonmnce or damqes. or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado . 6 n I • 0 • • v -• • .. • -.. 19 . TER.\'IINATION OF AGREEMENT This A~eement may be terminated upon thirty (30) day's written notice by any of PARTIES . but onl y if there are no connngent. outstanding contracts . If there are contingent outstanding contracts . this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent. outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were the!T cona,butions and subject to the maximum amount oi each party's conaibution as set forth herein . 20 . PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to cany out any public relations program to inform the residents in PROJECT area as to the purpose of the proposed fac11ines and what impact it may have on them . Technical and final design recommendations shall be presented to the public by the selec:ed design engineer . In any event DISTRICT shall have no responsib11iry for a public relauons program. but shall assist CITY as needed and appropriate . 21 . APPROPRJA TIO NS Notwithstanding any other term. condition. or prov1S1on herein . c:ach and ,:very obhganon or CITY and'or DISTRICT stated in this Agreement 1s subiect to the requirement of a pnor appropnauon of funds therefore by the appropriate governing body of CITY and/or DISTRICT . 22. NO JJURD PARTY BENEFICIARIES It is c:xpressl y understood and agreed that enforcement of the terms and conditions of this Agreement. and all rights of action relating to such enforcement. shall be stnctly reserved :o PARTIES. and nothing contained in this A~eement shall gwe or allow any such claim or ngh1 of action by any other or third person on such Agreement. It is the express mtennon of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only . WHEREFORE . PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written . (SEAL) ATTEST : 7 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By Title E;sccutivc Director Date • r I • 0 • • (SE . .\L) ATIEST: APPROVED AS TO FORM: Ciry Attorney .. .. • • , . .. • . ' . • CITY OF ENGLEWOOD By·----------- Tide Mayor Da~----------- 0 I· 0 ] • • • ,-. • • -.. AGREE:-.IENT REGARDING FINAL DESIGN .~'10 CONSTRUCTION OF DRAINAGE A:-.TI FLOOD CONTROL IMPROVEM:DiTS FOR BIG DRY CREEK AT ALLEN WATER TREA D1:DIT PLANT (l .DFC D . .\greement ~o. 01-0i .04 ) Exhibit A .. r t ~--,J ~ ;:. E I· 0 • • -----------------.::~=-·~,-,----~--------,--~----.. --- ORDINANCE NO._ SERIES OF 2001 • • - BY AC THORITY CO NCIL BILL NO . 36 INTRODUCED BY COUNCIL :\!EMBER YlJRCHICKIGARRETT/ BRADSHAW AN ORDINANCE Al\1ENDING TITLE 7 . CHAPTER LA., OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO DOGS AND CATS. WHEREAS, the recommended time between vaccinations for dogs and cats h :i.s changed over time; and WHEREAS , this Ordinance will update the dog and cat regulations to r eflect those changes ; and WHEREAS , the Englewood Co de Enforcement AdV1sory Co mmittee has reV1ew ed the current dog at large provis10ns of the Englewood Murucipal Code and h as determined that co ntrol by v01ce co mmand ha s proven madequate to maintain co ntrol of dog whe n the d oe s are a wa y from the premises of the own er or keeper ; and WHEREAS , the Englewood Code Enforce ment Advisory Co mm ittee has re co mm e nded t he City requtre that all dogs be on a leash when away from the premises of the owner or keeper: and WHEREAS. the Englewood Co de Advisory Committee has reviewed the cruelty to dogs a n d cats proVlsions of the Englewood Municipal Co de and recommends modificat10 ns to prop e rl y ca r e for s uch animals ; NOW , THEREFORE. BE IT ORDAi ED BY THE CITY CO NCIL OF THE C ITY OF E::-.IGLEWOOD . COLORADO . AS FOLLOW S : Sect10n l. The City Council of the City of Englewood . Co lorado he r e by a mend s T itl e I , Chapter IA , Section I , of the Englewood Murucipal Co de 2000 , t o r ea d a s follow s: 7-lA-1: Definitions . For the purpose of this Article , certain terms and words are herewith defined as follows : Adjoining Owners, Residents: The owners and residents of lands that a re s upported by a common boundary line . :la......, s. .. i 9/fieer: 'Phe perae11 er pereene emps• eretl "' the Ci~ t,e ef'kferee the p,a,ili1a1aflllia.t.diele. Alumal SINUM: Any premiae1 delicnated by the City for the purpose of boarding and cariJII IDr an, animal impounded under the provisions of thie Article or any other ordinance or law ol tm State ol Colorado. 11 b I ) I • 0 • • • ,,,-. • • - Attack: Any dog or cat that, without provocation, including the definition from Section 7-lA-lO(C) EMC bites or attacks human beings , or in a vicious and terrorizing manner attacks , or approaches in an appare nt attitude of attack , a person anywhere within this City, or a dog or cat that runs after and bites, barks or growls at any other animal, bicycle or any vehicle being ridden or driven upon the streets. sidewalks or any public ground or other place open to the general public witlun this City . Cat : A domesticated carnivorous mammal Felis Catus. This does not include any felidae not domesticated such as lion , tiger, wildcat. etc. which are included within the provisions of Section 7-lC-3 EMC . Dog: A carnivorous domesticated mammal of the canine species, Canis Familiaris and the product of Canis Lupus having been bred Canis Familiaris. The following a re excluded from and are not a part of tlus defirution: Jackals ; foxes ; and related animals; and wolves , Canis Lupus all of which come witlun the pronsions of Section 7 -1 C-3 EMC . Dog or Cat, Castrated Male (Neutered): Any male dog or ca t upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate a sserting s uch ope ration has been performed. Dog or Cat, Female (Not Spayed): Any dog or cat of the female gender upon which n o alternative surgery of the genital organs has been performed. Dog or Cat, Female Spayed: Any female dog or cat on which a n ovariotomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. Dog or Cat , Male (Not Neutered): Any dog or cat of masculine gender upon which no alternative surgery of the genital organs has been performed. Dog or Cat Owner: Any person keeping, harboring or having the full or temporary care of a dog or cat at the time any violation of this Article is committed. Dog or Cat , Stray and /or Running at Large: Any dog or cat within the City limits. outside of owner's property, unaccompanied by owner as defined herein. Gr ievo us Bodily Harm : Bodily injury which involves a substantial risk of death, se rious permanent disfigurement, or protracted loss or impairment of the function of a ny part or organ of the body . Guard or Attack Dog: Any dog trained to attack a person, or acquired for the purpose of patrolling property or attacking any person. Also included is any dog whose actions have previously resulted in a conviction of its owner of a violation of Section 7-lA-10 EMC-8&. Hobby Breeder: Any person who, outside of his regular course of employment, is breeding purebred dogs in an attempt to improve the breed through controlled propagation, thus achieving carefully desired qualities and traits . Ke,mels or Cattery: Any place where dogs or cats are born, bred, raised, boarded, fed or sold, for any valuable consideration, but shall not include a household which sells only the offspring of a female dog or cat maintained solely as a family pet. 2 • .. ) I • 0 • • • ,,,-. • • - Rabies: A viral e ncephalitis . almo t always fatal to both wud a nd dome stic a rum als. that may affect any warm-blooded ,ma! but 1s m ost co mm on m ca rru vor es and n e w world bats. In the United States, foxes , s~ nks and raccoo n s ar e the m ai or wild ca rni vor e h os t s. though domestic dogs and cats remam the mo s t tmportant ource of hum a n e xp os ure . Sect10n 2. The City Co uncil of t he ity of Englewood. Co lor ado hereby a mend Title i. Chapter lA . Sections 2 and 3 , of the Englewood Municipal Code 2000 . to read as foll ows : 7-lA-2: Running at Large Prohibited . A. Dogs at Large. It s hall be unlawful for a n y owner or person hanng the ca r e . cu stody and control of any do g to allow s uch dog to run a t la rge m the C ity . t1P1l ess s t1eh tfog 1s tt1uier ll\e reasenal,le eePltrel ef st1eh 6\1 Her er perseA . 2-. For the purpose of t hi s ect10 n . a dog s hall be de e m d to be running at la r ge when off or away from the p r e mi ses of the owne r . posses or or ke e pe r thereof a nd not t1P1tier the eeP1trel ef s t1eh e Her . pesses_e , e r 1,eeper. h e ahsll ee eempetePlt te eeAtrel st1eh tieg !!Ati , h e m!l _. ee rettt111'eti te tiefflBA -lPIH e t e t1 memI,er ef the Cit_, PerseP1P1el. lus e r her t1ett1t1 ta ee Atrel ~t1eh El e g • he He ,e r st1eh tieg is Plet l1ept BPI er ee AtreHeli I!_ !I leash . ee rtt e r ehtH PI Aet te e.te eett tePI feet (18'). Cit) shall ma1P1ta1P1 !l reeertt af !lll f:lntmals unpet1Atieti tegether ii ith all fees eelleeteli on a I shh d v r n able to ontrol the d o . Net ii ithstaPltiil'lg aP11 ef the ,,,e,..s1eP1s ef this Seet1eP1 , !l tteg s hall be tteemett P16t t1P1AeP reaseAahle eePltrel ,. he Pl 8PIJ ef the fella ii 1P1g eeP1ttitieP1s eee t1r 8-. &. The tieg 1P1Riets tism!lge fl P ,,., ttf'. e. e1t1P1E;. J t1mp1P1g t1p6P1 . pellt1UP1E; ef , egetstiePI , er h. !lPI) ether 111et1P1 S .. ht1tsee e r . te the perseA 1r !lP6!lePt) ef aft _. ePle a t her th!IPI the e ii Her . e .1ee1H tPI the ti efe As e af the e .. P1er . his iamttJ er flF6!left_.. er aft_. tieg t1P1tier the eeAtrel 8Plti ee m ma Pl ti ef a fl6hee eltieer tPI the eet1rse e01:1s l'lttt). IPI the ease 9f 8PIJ t1PIS!l8.' ett fem!lle lillg , .. IHle S81li tieg 1s tPI estrt1 s (iPI heat llP ,,. seBsB P1 ) BPI ti Plet ~eet1nl_. ee P1!'.iP1ed ,n the e ii 11 e r 's J Brd . pen er ether eP1elest1re . P a ragraph A s hall not a pplv to Pilot Park Programs authorize d bv Co unc ·l Resolut10n . B ~-Dogs l\ot Under Reasonable Control. ~let .. ithstBP191P1g BPIJ ef the flPBilStens ef this SeetiePI 8 deg sh&H he tieemeti Aet tlfttier reeseP1&ele eePltPBI .. he Pl BPI) ef the f.elle .. iflg eeP1«ittieP1s eeet1r . It shall be unlawful for the person having the ca re cu s tody and control of any dog to not maintain that dog under reasonable co ntrol. Notwithstanding any of the provisions of Section A a dog shall be deemed not under reasonable control when any of the following conditions occur: ~ The dos inflicts damage or iniury by biting jumping upon polluting vegetation or by any other means whatsoever. to the person or property of anyone other than the owner eRpt where the dog acts in the defense of the 3 I • • • • .,,. . • • - owne r his family or prop e rty · or e xce pt whe r e the dog 1s unde r the co ntrol a nd co mmand of a police officer in the co urse of hi s /h e r duty . In the case of any unspayed female dog wlule said do g is in estrus {in h e at or in season) and not s ecurely co nfined in the owner's vard pe n or othe r enclosure. I;? B . Cats . It shall be unlawful for any owner of a cat to allow s uch cat to run at large in the City and to become or create a nuisance . Notwithstanding any other provision s of this Section, a cat shall be deemed to be a nuisance when any of the following oonditions occur: 1. The cat inflicts damage or injury by bitmg, Jump ing up on . polluti ng of vegetation or by a n y other m e ans whatsoever , to the pe r so n or prope r ty of anyone other than the ow ner . 2. In the ca se of any unspayed female ca t , whi le said ca t is in estru s (in heat or in season) a nd n ot sec urely co nfine d in the owne r 's yard . pen or oth er enclosure . Ge .tlen,ttU:,. Al'I, e .. ner er per9en fettntl g"tHit, ef . iel11ting 11n, ef the pre, is iens ef tltts Seetien shmi l,e p1t11ti!hetl !18 pre, itletl in Seetiel'l l ~ l , Engle" eetl M11n1e1p11l Ge tle ~. 7-lA-3: lmpoundment of Animals; Notice, Disposition. ~ Any dog or cat or dogs or cats, found running at large and/or creating a pubhc nuis ance . a nd a nv dogs or cats s ubject to cruel treatment as s pecifie d in Section 7 - lA-7 EMC, may be taken by the A,itm11l Centre! Offieer City and impounded in the s helter designated -~ the Ci t y .. \.ttim11l Shelt,er 11ntl there eeP1hftetl tft a ht1m11n e m11nner fer a per1etl ef net less than 9i,i (~ t111, s 11ntl ma) thereafter ee !ii s p esetl ef it, 11 httm11ne m11nner tf net el1111netl 1,, their e .. Plers . Der;s er e11ts net ~ B. elaimetl 1,, their e .. nen l,efere the e.,pir11tien ehtx (6) d11: s, Del:!! er e11ts ni,t el11jmed 1,, their e .. ners l,efere the e.1r,ir11tien ef!!i.t (6) tl111 s m11, l,e tlispese tl ef at the tli8eretien efthe ~luttm1tl Centre! Offieer, e .1eept ll8 he reiP1after pre1ttletl . Dogs or cats not claimed by their owne r s before t h e expiration of s ix (6) d avs mav be disposed of at the djscretjon of the C ity exce pt as hereinafter provided . Dogs or cats found running at large may be claim e d by thei r owners before thev a r e di sposed of by the City. 4 • I • 0 - • • • • • - R, A dog or a cat s ubjected to cruel t r eatment as s pecified m Section 7-lA-i E'.\IIC s h a ll not be r e leased a nd s hall be held by the Citv or at a designated s h e lter fo r a penod of not le ss than S L'C (6) days . If the owner has not s ubmitted a claim for t h e animal to the Englewood Municipal Co urt within that six (6) day pe riod the a nim al m avbe disposed of at the discre tion of the City . If a claim is made to the :\1unicip a l Court for the dog or cat the arumal s hall be held by the Citv or by a s h e lte r designated by the City until the Municipal Court Judge enters an Order finding e ithe r : l, A charge of cruelty to dogs and cats under Section 7-lA-'i EMC can not be proven beyond a reasonable doubt. -OT· ~ The Judge finds that the care a nd main te nance issues under Section 7-lA-/(B) EMC have been satisfactorilv re me di ed . t.;nde r no circumstan ces s h all t hi s remedy provision applv to Paragraph A of Sect10n 7-lA-7 E'.\IIC . B ~ The .'uttmal Centre! Offieer Q!;Y may transfe r title of any dog or ca t held at the Arumal S h elter to the Society fo r the Preve ntion of Cruelty to ArumaJ afte r t h e legal detention penod h as e xpired a nd s u ch dog or cat has n ot been cla im e d by 1ts ow ner. C ~ Whe n dogs or ca t s a re found running a t large and their owne r lup 1s k n own to~ .'tnH1111l Centre! Offieer Citv personnel, s u ch dogs or cat need n ot be impounded . but s uch ~ personnel may cite the owne r s of s uch dog or cats to a ppear m e6ttl't Co urt or the Violations Bureau to a nswe r charges of t he v10 lat1 on of this Article . B .Q . Immediately upon impounding dogs or ca t s, t he .\n1mt1I Ce ntre! Offieer Citv ·h all m a k e e very po ssible , reason a bl e e ffort to notify t h e owne r of s u ch d ogs or cats so impounded and .nform s uch owne r s of t h e co ndition whe r e by th y may regain cu stod y of s uch dogs or cats. Sect10n 3. The City Co uncil of t h e City of Englewood . Colo r ado h er eby a me nd s Title 7, Chapter lA, Section 5 , of the En gle wood :\1unicipal Code 2000 . to rea d a · follow s : 7-lA-5: Vaccination Required . The owner of each do g or cat which is six (6 ) months of age or older s h all ca u se s aid dog or ca t to be vact · nated against rabies with either a nnual or t hree /3) vear r abies se rum . Such vaccination s h ~ll be repeated thereafter as require d bv the se rum . Dog or cats h a ll be vaccinated by any veterinarian licensed to practice veterinary me dicin e . A certificate of vaccination, in duplicate, shall be completed by the veterinari a n , one co py to be iss ed to the dog or cat owner and one to be retained in the veterinarian·s fil es. Any dog or cat in the custody of~ an, peiiee eflieer, Aui:mal Centre! Offieer or in the Ci,, 1111-il shall be released to the owner of ea.id dog or cat for a period of ti me not to exceed five (5) days in order to obtain the vaccination of the dog or cat. $cct,iop 4. The City Council of the City of Englewood. Colorado hereby amend T i tie 7. Chapter 1A. Section 7, of the Englewood Municipal Code 2000, to read as follow s : s • I • 0 • • • • • - 7-lA-7: Cruelty To Dogs And Cats. ~-It shall be unlawful to kill , maim , disfigure , torture , torment. neglect, beat with a stick , burn or scald with any s ubstance , or cause a dog or cat to endure unreasonable or unjustifiable pain. suffering or injury . Care and Maintenance . It s hall be unlawful for any person keeping or harboring anv dog or cat to fail or refuse to provide such dog or cat with proper food. drink. shade and shelter. Proper food drink shade and s helter shall require that: Each dog or cat sha)) receive an adequate daily supply of clean fre s h food suitable for the nurture of the species' physical co ndition and a ge s uffi cie n t t o maintain a healthy level of nutrition . ~ Each dog or cat shall at all times. have an a dequate and accessible s upph· of clean fresh potable water and such water s hall be proVJded eithe r free·fl owmg or in a clean. stable rece ptacle. & Each dog or cat housed outdoors shall have co nvenient access to approp ri ate . weather a nd temperature-resistant shelter throughout the yea r . Anv s helter shall be structurally sound. clean adequately sized and mamtained m good repair to protect the dog or cat from imury and from the e lements. ;!-The living area for the dog or cat shall have adeq uate drainage s uch that the dog or cat s ha)) be free to walk sj t stretch or lie down on a drv s urface. ~-If a dog or cat is hou sed outdoo r s m a ddition to a s helter 1t s hall be provided with an enclosure to mirum1ze nsk of m1un· and to provide s uffi cie nt s pace t o enable freedom of movement and exercise . Section 5. The City Co uncil of the City of Englewood . Colo rado hereby amend s Title 7, Chapter lA, Section 8-1 , of the Englewood Municipal Code 2000, to read as follow s : 7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants . ~ It shall be unlawful for any person in possession of, harboring , or in charge of a ny dog to refuse or fail to remove forthwith , excrement deposited by said dog upon a common thoroughfare , street, sidewalk, play area , park or upon other public property, or upon any private property when permission of the owner or tenant of said property has not been obtained. 6 • I • 0 • • • .. • - It h a ll be unlawful for a nv person 10 posse ssion of ha rbonng. or 10 ch a rge of a ny do g to re fu se or fail to remove excrement d e pos ited by said do g up on pri"ate prope r t v whe n permission of the owner or tenant of said prope rtv has been o btai ned with m for ty-e ight (-18) hours a fter being deposited , , hel'l perm1ss1e!'l ef the e .. r.e r er tel'lB.rH e f s ata prepe~) has !'let eee!'l eetat!'l ecl , a nd -uch is he r eby deemed t o be a publi c nuisance a nd prohibited. Dog e xcr ement h all not be placed m storm e wer s but s h all be disposed of m a s anitary ma nn e r . B . It s h a ll be u nlawful fo r a ny owner. posse so r or pe r so n who kee p a ny dog t o permit s uch dog , whether or not runrung at large . to de stroy, damage or miure a ny s hrubbery. plants. fl ower s . gra s , lawn. fence or anythi ng whatsoe "e r up o n a ny p ubli c pr emises or upon a ny private pr em1 es own ed or occ upied by a p r so n other than t he owner. po sor . or keepe r of -u ch dog . a nd the same 1s he r eoy cla r e o be a p ublic n uisa nce a nd pro b1b1ted Section 6. Th e City Council of the City of Engle wood . olo r a d o her e by a mends Tnle 7 hapter lA . ect10 n 11 . of the Englewoo d .\1umc1p al Cod 2000. t o read as foll ow 7-lA-11 : Destruction Hearing. A . Whenever t he co nduct of a ny dog or cat ha resulted m wo (2) co nnc 10ns 0i offen,e, proscribed m Secti on i-lA-10 EMC efthe el'li;;le .. eetl ?h1ftl e1pal Case wnh10 a co nsecutive two (2) year period ; or 1s r espon sib le fo r mfl1 cung de a th o r i;f1evous bud1l~ harm up on a human be mg, t h e City of Englewood m ay m1tiat a hearing m the Engle wood .\llumc1p a l Co urt peuuonmg that cou rt fo r n or der of e ·true on ,f ha dog or ca . B :S.:ot1ficauon will b g1"e n to the dog or cat own er , as he nam respondt>n of the hearmg date, place , a nd time no la ter tha n fift een ( 15 ) d a\'S p ri or he hearing D Thi noti ce will be acco m panied wi t h information on which t he h~a r mg 1, ha 0 d Ex ce pt a otherwi. e pr ovided herem, the heanng will b co nduc d m ·1cco r dance with the provisions of Section 1-10-1 E.\1 . ef eAi;;l e .. eetl ? lt1A,e1pel Gutl• f 29PG notice a nd h earm g p r ocedu res. Th City of Englew o will ha\'e h bu r d!!n of provmg the allega tio ns by a p r e ponde r ance of be ev,de nce. Th r esponde n 1~ t!ntl led o b re prese nted by cou nsel at responde nt's e xp e nse a nd ha he ngh o crm,R Pxamm any witness ca ll ed by the City . the right t o pres ent w1tnes e a nd e v1d e nce, a nd to t estify or not . The :'vluru c1pal Cou rt will determine at the hearmg whether t h e dog or cat. becaus of i t s v,c1ou propen s 1t1e s , presents clear or present danger to t h e safety o f he cmze n s o f Englewood . Whe n t he dog or cat has been the subiect to t wo (2 ) co n V1ct1 ons of attack not resultmg in grievous bodily harm. or prope rty damage of five hundred dollar s ($500.00) or more within a two-(2) year period . or it is r espon s ibl e fo r mflicting death or grievous bodily harm upon a human bemg, ther e 1 a p resumption the dog or cat has vicious tendencies and presents a clear a nd prese n t dange r t o the s afety of the citizens of Englewood . Thia presumption can only be r ebutted by clear and convincing evidence to the contrary. Upon the court's determination that the d og or cat preaents a clear or preaent dan&er to the safety of Englewood citizens , the court will order the City to deetn,y the doc or cat forthwith . 7 I • 0 • • • • .. • - E . If the dog or cat is not co nfined by the Citv. in the Engle .. ee!I. .'utim11:I shelter, the City may petition the Englewood Municipal Court for a forthwith order to confine the animal pending the outcome of the destruction hearing. and the costs of said confinement will be assessed by the Municipal Court at the termination of the hearing. Section 12 Safety C)auses The City Council hereby finds . determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 13 Seyerability If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid. such Judgment shall not affect. impair or invalidate the remainder of tlus Ordinance or :t application to other persons or CU'Cum stances . Sectjon 14 Inconsistent Ordmances All other Ordinances or portion s thereof inconsistent or co nflicting with tlus Ordinance or any portion hereo f are hereby repealed to the extent of such inconsistency or co nflict. Section 15 Effect of repeal or modjficat10n The repeal or modificat10 n of any provision of the ode of the City of Englewood by tlus Ordinance shall not release. extinguish. alter. modify , or change in whole or in part any penalty, forfeiture , or liability . either civil or cnmmal, wluch shall have been incurred under such provis ion . and each provision shall be treated and held as still remaining in force for the purposes of s ustammg any and all proper acoons , s wts. proceedings . and prosecutions for the enforcement of the penalty. forfeiture . or ltab1hty , as well a for the purpose of s ustaining a ny Judgment, decree . or order which can or may be rendered . entered. or made m s uch actions, swts, proceedings, or prosecutions . Sect10n 16 &Jl8lty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every v10lat1on of tlus 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. A Public Hearing was held on September-!, 2001. Second reading was continued to October 15 , 2001. Read . amended and passed as amended on the 15th day of October, 2001. Read, amended and passed as amended on the 5th day of November. 2001. Published as an amended Bill for an Ordinance on the 9th day of November, 2001. Read by title and passed on final reading on the 19th day of November, 2001. 8 ) I • 0 • • I• ... • • - .. Published by title as Ordinance No._, Series of 2001 , on the 23rd day of November. 2001. , 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 9 • ) I • 0 2 • • • Council Member District 1 Council Member District 2 Council Member District 3 Council Member District 4 Ci>U~~~e Council Member At-Large Council Member At-Large ~~ ~err) - - - ~ ~/cJ(JO/ ~CUu?__, - Ann Nabholz John H. Moore Julie Grazulis Douglas G. Garrett Olga Wolosyn Michael Yurchick I ) ~-J. I · • • • • 1. C a ll t o o rd e r. ., lm ocati o n . . ... • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 19, 2001 i:30 P.M. Engle,., ood C i, ,c Center Council Ch,1mbe s 000 Engle,, ood Park,, J\ En°!e,,ood. CO 30 10 7 u/-£" fYtY7 I 4 a.-ll<J .. 3. Pledge o i Al legiance. ~ l in u tes. a. ,\.\inu t es rom the meet ing o i Regular C Council \. e'" 111~ o i ,o, emc r 3. :001. o. Scheduled 'v isit o rs . !Please limi t our presentat1cn o en minu t es 0-Scott \.\c C iurkin \Ill be p resent to ad re~~ Citv C o unc,I rega rding C o unc :I Sill ,o. Jo. pertain111 to pets. Lnsche uled Vi sit o rs. Pleas e li m it \O ur presentat ion tori, e mmutes. t t,~~~yl-~a.,ce{tl,~ Ccmmu111c:1tio ns. Proclamations . a n d , 000 11 unents . Letter ·ro m Shannon O 'L ea Lib ra S oard. ndic:Hinq 1e r ces1gnat:on ·ro, C:.11 ments o, :he ::leoa rt,n., \.la, e r -;m 6un·s. ;he ::n-.,le'., oc "':.. lie \a\ er .\Iii ,sk :he C: . CerK ·o re.10 ·he '1st:; ·1e'.\l\·-'!"'•-:-::d (:·,, -:0u nc:i \\-'!'11'.-,-· ·., ho , iii :t1en oe m cm in b, •he ,-,,,ntcr:101e '. inc:n .; enco. Ple ase note: If , ou have ,1 disabilit" .ind need .1u~ilial'\' .uds or 0 el'\·1ce . ;>lease noniv the Ci 1v , 11 Eni;lewood 130 ]-7 1,2-1 -'05 1 ,ti least .UI hour.; in .1dvanc" ,11 wh .. n ,,.n·,ce~ .i r e n .. ederi. TI1ank vou . • .. . ' I • 0 • • • ... .. ~. • -.. Englewood Cit-. Cou ncil AgendJ '\Q\ ember 1 •1. ::oo; PJge 2 • 10. \ \embers o C1 . C.:,uncil re seate in temporan paces and he \a, or P·o T i'm ,1,l-.s tl·e Cit. Clerk J call the roll OT the members OT the Cir. C ouncil and the \\a, or Pro Tem hen d clares \\ hether a uo rum 1s presenL Tl,e \ a, o r Pro em c;1lls io r ncminanon s Tor \ la or a1 d \ o te · are takt:n. The \a,o r assumes the Chair and calls rnr nc1111nat1on ior \l;i,or Pn Te111 Jnt1 ,c t=~ are take n . Permanent seating as,ignments are ._\I\ en . .\ to k en o T app reciation ., ill be 31\ en to depMtln'\ , \a o r T 0 111 Burn,. Rec o gn1t1011 OT amilie .rnd o r "'uest> OT the 11 embers o Briet Reception. Public He.:inn" '-vne '>L ,,dule ) C o nsent -\ge n da. a. Approval 0 1 Ordinance on First Reading. iii. C ouncil Sill '-o. 75 -Recommen ation ;rom the Fin:rnce an -\ci1111111sTr:im,, Sen ices Qapar:men t t0 ado~ a bill :er n o rdin.:ince :ippro, 111~ J ne,., C o rporate Ci t\ Seal. STAFF SOU RCE: Frank Grvglewicz. Director o i Finance and Administrative Services and Loucrishia .\. Ellis , City Clerk. Cound Sill '-o. 76. J;::e comn endat1011 rom the L t1 li t ies ~epart ent to .:irloo1 .1 bill 1o r an o rdinance app rO\ in .:i C it\ Di tch Licen se -\1sree111enr :or s :00 S. Pres cott. STAFF SOURCE: Stewart H. Fonda. Director oi Utilities. Co unc il Bill ,,). -;-; . Rec o111 111 F-n cia t1011 rro11 rhe Depar ment 0 1 5aiet\ Sen ices t o adopt a bill ro r an o r dina nce .iuthonz1n~ ac.:i!ptance OT .1 \ ict1m s1sta11ce L.1w E, TO rce ment Grant. STAFF SOURCE: Chris Olson, Director oi Saietv Services. b. p~ro\al 0 1 Ordinances o n Sec::ind Kt'.lOin~. ·i. II. C ou nd Biil 0. 6.: :iooro\ln~ ~., 0 :.1ser.,e• 1 l ·~r ..,"'meP,s mL1 J (~u1t ·:'..:1r:1 De1:d ·rem C<!n:e. 111.11 '.\ .:ner . .illcJ :a111t:rnon :::;; me:. Ccl!r.cl Sill '-o. -1. aopro\ ;n~ .... , o _.L~r'SC ..:r-::!"'1-nis 1n o --:r.o r f'\ C )n lrucu o n ;re-=inents ;rcrn (:;::ntenn1ol \ .:te r .i1 J 'ar.ai1t10P :: ·qnc:. CJu1'c:i 3111 '.:o. -: .• 1ooro\ 111q S,,u th·~Jte ~uo· 1t:1 ~nt -= • ~ •• P!e.u,e 101e : If "'u h;l\e .1 Jisabilih• .~nd nt>etJ .1uxilian• aids or 5en,cr•. j1leasc 110,il\' hi, .-:I\ 111 ::n~li,wouu 111 3--'1 2-l~l,\ .11 least ~ hours in .,m•ance •1i wnen ,Pn1 c"s .m• neeueo. ,hank ·mu . • I I • 0 l • • • '-t •• -.. • -- Englewood Ci tv Council -\genda :-..o, ember 1 o, :co1 Page 3 .J~ I'.. ifl1>. ~o Counc:1 5;1\ ,a. -3 appr"' 111g an lntergo, ernrne, tal -'.::,r eement \\ 1th the Colorad o DeC'ar mem or Transportation aopro, ing he La\, E1 ro rceme111 Ass, ta nce cund LS-\r contract mr DLI detection and eniorcen°ent c. Res olu ,on and \ctions. 11. Regular :\ enda . a. Appro , al o r Ordinances on Fi rst ReJding. i. C ou ncil a,11 '-o. --+ · Reco, m~11dat101 mm '.h., Cornmuni, D~'-e!oprne,1t .J(\.~ Department to adcot bill or. an J r inance .1p ro, 1ng an ln terg O\ ernn1<:ntal /)J) A~reernent '" h the C olorad o Deoart ,em o LoCJi ii 1rs as~~ ~£J-~ iundin ior a _ma Gro\, th hx1s1ng S uc,. ST .\FF SO RCE: ,\,lark Graham . ~r;-0 Senior Planner. ~ • 12. ' ' L) . 1..: C. ii. i. Counc il Sill ,a. -3 · Rec ommen atlon ro rn ti,e Depar m1:1·t • cinanc~ ,rnJ dminimati, e Sen ices to adopt a bill ror Jn emer ..,enC\ c r<11nan c -' 1uth ~ · , L i bo n ds ior Parf..s and Recreati o n prc..;1-'•::s. ST .\FF SO U A'.CE: Frank Gryglewicz, ,rector of Finance and Administrati,•e Ser\ic e . .....___.- o rb t o C ou ncil 8111 '-o. 36. amend111g tie -C'1aote ,) tl'e E,1,·le,, oo \.\urn ·1 pal C ode pertaining to dogs and ca t; as a ende-i . I . Resolutions and ,\.\ouons. 1:s:::=14 G<!neral Dis USSIOn. ~ I -?-o:J- ). 'l.la,or"s Choice. b. CJuncII \embers Choice. Ct\ \.\anaoer s Keoor . C. n orne• < ~eoor . ~4 ,:J- (~,~ Pleas .. note: f ~ou ha, ... 1 uisauiiitv .1 nd need auxaliarv .uds ,,. se",ices. please notiiv the Citv ui E111;lewo11d , 10]--f,2-l-lO~\ ,ll least .ffl hours in .1dvanc" ui when se"·ice5 .ire needed . Thank vuu . • I • 0 - • • • .. r· • • ... ' E?1glewood Ci tv Counc1I .-\genda :,,..,,ember 19 ~001 P:iie • Adjo urnment. t:j'./(r; r The ·ollo\, ing minutes \\ere transmitted to C itv C ou ncil bet\, een '.Q \ ember 2 and 15. '.:001 : Englewood Firefigh t ers Pe s1o n Board meeting oi .\pnl 12. 200 Englewood Cultu r al ,-\rts C ommis sion me eti n g oi Octo ber 3 '.:001 Engle\, ood Pu blic Lib rarv Board meeting oi Octo ber 9, ::oo Englewood Parks and Recreation C o mmission 1eet1ng 01 Oc oi er i 1, _001 Englewood C o de Emorcement d\ isof\ C o mmittee o t Ocober I -200 I Englewood Liquor Licen sing A u th o rit\• ,\,\eetin g oi October 1 -::•JO 1 Please note: If ·ou have a tJisabilitv and need auxilian• .1icis ,,. erv,ces. jJlease nntiiv the Citv c,i Em;lewood 1.,113.-r.2-2 .ios l ,it least~ hours in .1dv.1nce ,,i whf'n services .ire needed. Thank vou . • ... " • • I • 0 -... :JOO (/j ~~ - ~~i-rt ~°tJ~ [pl£ tlJJurbc -~ ,Sbv ~ -~ ~ (p -6 • • I· -. • • • 1. C all t o o rd e r. -, 3. 4. Ro ll Ca ll. 5. Minut es. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 19, 2001 i:30 P.M. Englewood Ci,ic C enter C o uncil Chambers 1000 Englewood Park\\ J\ Engle\\ ood , CO so ·t I 0 .. a . Minutes from the meet ing of Regular Ci tv Co uncil .\.\e tin g 0 1 '-J m mber :S . ..'.OU I . 6. S heduled Visi to rs. (Please limit o ur pre enta ti o n to te n minutes., I . S o tt \ Clu rkin \\ 111 be present t~ a~re,s C1tv C o un cil re ga rding C o uncil Bill '-o. 3 pert ai nin g t o pets. 3,;)Qi) s.c;i(~~ ns c hed ed Visi t ors. (Plea e li mit vo ur pr ese ntation to ii\ e minu t es .) f}.12,te, ·11-~ C o mmunica tions , Pr ocfuma tio ns , and Appointmen ts. 8. ~G,,o a. Le tter trom Shann o n O 'Learv indica ting her resignati o n rrorn the Engl \\ oo Publi c Lib rary Board. • b . c . Co mm ents bv the epa rt in~ ,v\a\·o r Torn Burns . Mayor w ill ask the Citv Cle rk to read the li st o t ne'.,l\·µlec.ted C it, Co un ul \\embers, who will then be worn in bv the H o no rable \ incent ten 10. Pleaw note: If you have a disability and need auxiliar,• aids or services, please notify the Citv oi Englewood (303-762-2405) at least .&8 hours in advance of when services are needed. Thank vou . I • 0 ]- • • ,. En gle\\ oo d itv Council A 'end d ' • 1 • • - ~'j ' ,oo , Q M : °1~ >emb,o o Ci , Co rn ,cll "' sea>ed '" <e mpo,an spms ,,,d <h e "''" P,o T e m as ks 'V, D the it Cle r k to ca ll th e ro ll o f th e m embers of th e C ity C o un cil an d th e M avor Pro y,' Tern \hen d ecla re , he th er a qu o rum is prese nt. ~ The lavo r Pro Tern calls fo r n o m inat io ns fo r \av or an d, o t es ar e ta ken . o~D1 · (p--0 g. The \a, o r ass um are tak en . th e Cha ir and c;:111 fo r no min atio ns ior ,\\av o r P o Tem an d, o t e, -• Pe rm anent sea tin g assi gnm n ts are I\ en . h. A t o k en o i apprec iati o n w ill b e give n to d epa rtin g ,\.\a} o r To rn Burn s. i. Reco gni ti o n o f fa mili es and/o r gu e ts o f th e m em b e rs o f C itv C o un ci l. j. Bri ef Rece ption . 6f/o -J,15() 9. Publi c H ea ring ( o ne sched uled) 10. Co nsen t Agenda. a. Approval o f Ordinan ces o n First Read in g. i. Council Bill No. 75 · Rec o mm end at io n 1ro 111 the Fi na nc e and Ad 1111 n b t rJ t1\ Sen ices Departm ent t o ad o pt a b ill ro r an o rdi nan c e appro, i n g a n e,, C o rporat e C ity eal. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services and Loucrishia A. Ellis, City Clerk. ii. iii . C o uncil Bill No. 76 · Recommend at io n from th e t ili ti es D partm ent to ad opt a bill for an o rdinance app roving a C it D itc h Lice nse Agr ee m e nt ro r 5 200 Pre o tt . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Council Bill No. 77 · Rec o mm endati o n fr o m th e Dep artm ent o r Sar tv en ices to adopt a bi ll fo r an o rd in anc e auth o rizin g ac ceptan ce o f a V 1c t1m ss 1stan e La w En fo rce ment Grant. STAFF SOURCE: Chris Olson, Director of Safety Services . b . App roval o f Ordinanc es o n Seco nd Read in g. J,f{o1 1. rtJf ftp Ii. ~~ to1 iii . Co un ii Bill N o . 65 , appro, in g I\, o Easemen t \greemen ts an d a Q ui t Cla 1111 D eed fr o m Cent ennial Wat er and Sani tatio n D 1 m et. Co un ci l Bill '.Jo . :-1 . apprm in(! two Lice m \~r eements and t , o Te mpo ra rv C o nstru cti o n Agreem e nts rro m C entenn ial \ ater an d San itat io n D istri ct. Co uncil Bill N o . 7 2 , app rov mg So uthgal e Su pp lem e nt =15 1. Please note: If vou have a disability and need au•iliarv aids or services, please notifv the Citv oi Englewood (10l-i&2-2405) at least 48 hours in advance of when services are needed. Thank you . •• I • 0 • • ,-. • .. • - Eng lew <!>od Ci ty Coun cil Age nda , ove mber ·19, ~001 Page 3 i\. C o unci l Bill , o. 73 , approving an Jnt ergO\ em men tal Agreement w ith the C olorado D epa rtment o i Transp o rt ati o n approving the Law En1 o rc ement Ass istan ce Fund (LEAF ) contrac t ior D UI detec tio n and enio rce1 1ent. J.f10 c. Res o l"'o ,,s ,od Mo<ioos l 11. Regular Agenda a. Approva l of Ordinances o n First Reading. i . c)~rD Council Bill No. 74 -Recommenda tion rom the Communi tv De, elop m en t Department t o ado pt a bill for an ordinan ce ap pro, in g an Intergovern m ental Agreement with th e C olo rad o D epartm ent oi Local Affairs accentin.<>. -t"r;:,;:;:;:--... funding fo r a Smart Grm , th Housing Studv. STAFF SOURCE · ark Graham. Senior Planner. ii . Council Bill No. 78 -Re o mmenda ti o n fr o m the D epartm en t oi Fi n an ce and Administrati, e er\ ice to ad op t a bil l ior an emergency o rdin ance au thrm=--- D~°;o the issuan ce 0 1 bon ds to r Pa rk s and Re c rea ti o n pro 1e c ts . STAFF SO E: Frank Gryglewicz, Director of Finance and Administrative Services. Council Bill No. 79 -Re o mm ndat1o n tram th e D epa rtm en t 0 1 Publ ic\\ o rks t o ad o pt a bill ior an o rdin an e .ippro ing an ln tergO\ ern m greemen t ,, 1th U rban Drainage nd Fl ood on tr ol D istrict tor Bi r eek 11 p rO\ em ents .,t Allen Water Trea tm ent Pl an t . STAFF SOURC . Rick Kahm, Ca ital Projects i ii . Director. b. Approval o i Ordinances o n Se o n d Read in g. ipal Al ,}'j._i)J./ Council Bill o 36. am ending T 1tl -Chapt er 1 ~! /'1 lDff C o de pertaining to dogs and c ats 1a, amended ). 4, {} cf ~~ Resol,<,o os ,od Motioos .p a~ 1 ~. ~ral Disc ussion . • a. Mavor's Ch o ice. b . C o uncil Members' Choice. 1 3. Ci tv Manager's Report. 1-t . Ci t · tt o rn ev 's Report. Plei15e note: If you have a disability and need auxiury aids or services, please notify the City of Englewood (303-7n 2-2405 ) al least 48 hCM1rs in advance of when services are needed. Thank vou . ) I • 0 • • • .. r t ., • - En glewood Citv Coun ci l Ag end a N ove mber 19, ~00 I Page -l • Adj o urnm ent. The fo ll owing minutes were transm itted to City C o uncil b etween ovember :! and 15 , :!001: Engl ewood Fir efighters Pension Boa rd m ee t ing o f April 1 :!, 2001 En glewood Cul tural A rts Co mmissi o n m ee tin g o f October 3, 2001 Englewood Publi c Library Boa rd m eeting of O c t o ber 9, 2001 Englewood Par ks an d Rec reation C o mmissi o n meeting oi O ct obe r 1 I , 200 I Englewood C o d e Enfo rce m ent Advisory C o mmittee o f O ctobe r I i , :!00 1 En glewood Liqu o r Li ce nsin g A uth o rity Meeting o f Oct o b er 1 -;, 200 I Please note: If you have a disiabilitv and need ilUXmn, aidt or Rrvices, plea~ notify the Citv oi Englewood (303-i62-2405 \ at leut 48 houn in advilnce of when Rrvices are needed. Thank you . " I • 0 32