HomeMy WebLinkAbout2000-10-16 (Regular) Meeting Agenda-..
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October 16, 2000
Regu l ar Ci t y Co unc i l Meet i ng
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Regular City Council Meeting
October 16, 2000
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ORD # 71, 72, 73, 74, 75, 76, 77. 78, 79, 80, 81
RlS0 /~9, 90, 91, 92, 93, 94, 95, 96, 97, 97, 99
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNl'Y. COLORADO
I. Call to Order
Regular Session
October 16. 2000
The regular meeung of the Englewood City Council was called to order by Mayor Bums at 7 :3 1 p .m .
2. ln,·ocation
The mvocauon was given by Mayor Bums.
3. Pledar or Al~lancr
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Present:
Absent :
A quorum was present.
Also present:
5. Minutes
Council Members Grazulis. Garren, Bradshaw. Wolosyn.
Yurchick, Bums
Counci l '.\1ember Nabholz
City Manager Sears
City Attorney Brotzman
City C lerk Elhs
Director Gryglew1cz, Finance and Adm,mstratl\·e Ser,·, e
Housing Finance Spec 1ah st Gnmmett . Communn y Development
Director Ross , Public Works
Director Fonda, Ut 11i11es
Senior Planner Graham, Conunumty Development
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(a) COUNCIL MEMBER WOLOSYN MOVED. AND 11' WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2,
2000 .
Ayes :
Nays :
Abstain:
Absent:
Motion carried.
6. Scheduled Visitors
Council Members Bradshaw, Wolosyn. Yurchick, Grazulis, Bums
None
Council Member Garren
Council Member Nabholz
(a) Mayor Bums advised that a representati ve from the C ity of Sheridan was present to
address Council regarding the Oxford Bridge.
Randy Young, City of Sheridan City Administrator, said that , first of all, he owed Counci l an apology . He
noted he scheduled the ribbon cuning on the Bridge project for a day th ey couldn ·1 anend. Mr. Young sa id
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Englewood City Coundl
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he understood the y had a budge! workshop that Saturday and he wanled 10 apologi ze . He commented 1hat.
as we all know . when you try 10 pul a party toge1her hke this 1here 1s alwa ys someone who c annol make 11.
but he didn't mean to sel ii for a time when none of Council could attend .
Mr. Young stated that he was present to recognize the C uy of Englewood 's contribution to the Oxford
Bridge project. He explained that they put together. ba sically. a public ,pri\'ate projecl toge1her to redo 1he
Oxford Bridge over the Platte River. It was a very unique and \'ery challengmg opponumty for . not onl y
the business people in that area , bul also the public entitle in the area. those being Englewood . Sheridan
and Arapahoe County. to step forward and reall y come o ut \\llh a mce proj ec t Mr. Young stated \\e ha,·e a
bridge project of over S3 million there and it wa s onl y pos 1ble bec au se we all pulled 1ogether to mak e II
happen and so he wanted to personally !hank Council.
Mr. Young presented Ma yor Bums with a Cemficate o f Apprec 1at1 on. Read111g fr o m the cer11fi ca1 e . h,·
said, ''this cenificate 1s awarded to the Cit y ofEngle\\oOd 111 re cog mu on o f yo ur ,·aluabl e conmbuuo ns 10
the 1999-2000 Oxford Avenue Bridge Replacement Project which helped 10 fa c il11ate the succes ful
completion of thi s public/pri vate capital improvement proJec t." Agam. l\1r. Young said . he \\Ould lik e 10
thank th e City of Englewood .
Mayor Bums said he would like to thank the Ci ty of Sheridan for thi s recogm11on and noted th at 11 "a
indeed a public/private and pubhc pubhc project on whi ch our commun111e s coo perated . He o pined 1ha1 1he
result is excellent and some1hing 1hat has needed to be done for some ume. He said he ah,ays hke s 10 see a
good project, where the citie s of Englewood and Sheridan work 1oge1her and cooperale. because "hen "e
do that we accomplish a 101 more than otherwi se Ma yor Bums thanked l\1r Yo un g for comin g before
Council this evening.
Mr. Young said he has been with the C it y ofShendan for o,·er four years and he \\anted to tak e thi s
opponunity to thank the Pubhc Works crew, l.J uhues and all the other depanments that reall y jump 111 and
help when they can. He commented that the y ha,·e been very helpful 111 a 101 of 1he proJe c ls and he wamed
to make sure Council was aware of the coopera1i,·e nature that the y see He said u work s both wa ys mo s!
of the time, that unfonunatel y they can '1 help Englewood as mu h. bu11he y try
7 . Non-scheduled Visitors
(a) Steven Hoelter. 4-160 South Ela11 Str ee t aid he \\3nte d 10 see 1f \\t' could make an
anrendment to the cat ordmance . some1hmg to th e effec 11ha1 ca1 s sho uldn '1 be all o "ed o ff1he prop ert y
unless they are on a leash or something. He explained that he ha a real bad probl e m" 1th fre e roamm g
cats on his propeny and he has done every thing he can. even 1alkcd 10 the neighbors and e\'ery da y 1here
are three or four cat s in his yard . He no1ed a lot of people sa y ca1 s are 111 cc and neat and clean . bu1 1ha1 1s
because they go to the neighbor's house to do their business and go home . He o pmed that "e sho uld make
it lik e the dog ordinance. JUSI strike out an)1hmg !hat doesn 't appl y 10 the specie s. It would be simpler 10
do , clean and concise . Al so. if something like that pas ses he would like to see more ordinances posted on
Channel 8. so people can see wha1 is happenmg at the time . There may be a new ordinance conung down
the pike and that would be very beneficial. he said . A 101 of people don't understand our ordinances and he
though! that wou ld be a grea1 resource .
Mr. Hoelter stated that if we have any more roundabouts on the drawing board he would like to vote them
down . He said he doesn 't agree with them and thinks they are a waste of resource s. money and manpower
and that we could have done something a little better. He noted Coun c il probably had public heanngs and
stuff on them that he was not able to attend . But . he said , in his opinion that ro undabout should have been
placed up at Broadway and Belleview. that is where we have a traffic problem. with speeding and running
red lights all the way up and down Broadway from here to there . That wou ld have been a great place to put
one, at that location and at Yale and Broadway. Mr. Hoelter opined that that would have sent a clear
message to the people gomg through our town , that this isn 't a freeway and so fonh and so on .
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Mr . Hoelter said , regarding trash pickup , that he noticed Council "anted to re m e t pickup to t\\O da ys
instead of three days. He asked if that had somethmg to do with the big truck s tra\"elmg the streets and
stuff. Besides that. he said, we have a big problem with the gra\"el trucks coming off of Santa Fe. conung
up Oxford and then using Broadway to traverse up and down . He said he doe sn ·1 think we have that mu ch
heavy duty construction up and down Broadway. that he thinks the y are JUSt trymg to skirt through town
and that these issues need to be kept on Santa Fe . If we could get DOT to come out and set up the sca le s.
he said. he thought we would find that there are a lot of O\"erwe1ght trucks m our neighborhood . He
thanked Council for their time .
Mayor Bums thanked Mr. Hoelter and said th ose were good comments.
(b) Eugene Norman said he was born in Englewood . He advised that the tape he gave n y
Council at the last meeting is nothing compared to the tapes, one a week for three years. that he directed to
Richard Nixon during his presidency. He said he achieved close to 9 .9% accuracy on those tapes relatl\·e
to Vietnam. Personally , he said, after all that he has been through. he feels like an ahen in his body m
saying ··take me to your leader please." He stated the inequity in the Mideast mu st mitiate new thought 1f
solution is to be achieved. The answer is already in your minds. All you need to do i act on 11 . lnno\'at1 on
must be our banle cry, he said. justice our aim. Please, no more little kids getting killed . Not onl y the hv es
of Jews and Arabs. but the mental health of our collective psyche is at stake . I ask for an ad voc ate from
among Council. .. the Mayor or one of you. he said . I have presented you . to some degree , with m y
credentials . I ask that I be allowed contact "~th our President with the hope of more intelligent acuo n fo r
his sake as well as your own. He said he wanted to present Council wnh two more tapes and after that he
would leave them alone . He gave two more tape s to Council and Mayor Bums thanked him .
8. Communications. Proclamations and Appointments
There were no communications. proclamations or appointments .
9 . Public Hearing
No public hearing was scheduled before Council.
10 . Consent A&enda
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i). (ii), (iii) and (iv) and 10 (c) (i) and (ii).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 80, INTROD UCED BY COUNCIL MEMBER
GARRETI
A BILL FOR AN ORDINANCE AUTHORIZING AN I 'TERGOVERNME 'TAL AGREEMENT WITH
SOUTH METRO FIRE RESCUE ENTITLED ··M UT UAL AID/AUTOMATIC AID AGREEMENT
(FIRE) 2000" FOR MUTUAIJAUTOMATIC AID FOR FIRE PROTECTION FROM BOTH ENTITIES .
(ii) COUNCIL BILL NO . 81, INTROD UC ED BY CO . CIL MEMBER
GARRETI
A BILL FOR AN ORDINANCE AMENDING TITLE I , C HAPTER 5, SECTIO '2. SUBS ECTION 9 . OF
THE ENGLEWOOD MUNICIPAL CODE 2000. REGARDING OATHS .
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Englewood City Council
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(iii) COUNCIL BILL NO. 79, INTRODUCED BY COUNCIL MEMBER
GARRETT
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A BILL FOR AN ORDINANCE AMENDING TITLE I. CHAPTER 6C, TITLE 3. CHAPTER 5: TITLE
3, CHAPTER 6: TITLE 7, CHAPTER 7 ; TITLE 8, CHAPTER 38; TITLE 8, CHAPTER 5. SECTIONS 9
AND 13; TITLE 11 , CHAPTER 3C: TITLE 16. CHAPTER 2: TITLE 16. CHAPTER 4: AND TITL E 16.
CHAPTER 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING TO CO RRECTION S
OF CODIFICATION.
(iv) COUNCIL BILL NO. 78. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMEJ\DING TITLE 11 , CHAPTER I . SECTION I . OF THE
ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF TWO J\E\V SUBSECTIO:S:S 5 A:S:D
6, RELATING TO Ml IM M STANDARDS FOR COMMERCIAL VEHICLES.
(b) Approval of Ordinances on Second Reading
There were no items submitted for approval on second reading .
( c) Resolutions and Motions
(i) RESOL UTION NO. 88. SERIES OF 2000
A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR HIE RETIRED FIREFIGHTERS .
(ii) CONTRACT WITH MC DONALD EQ I PM ENT IN THE AMOUNT OF
$67 ,500 .00. FOR THE PURCHASE OF A SELF-PROPELLED ASPHALT PA VER .
Vote results:
Ayes:
Nays :
Absent :
Motion earned.
11. Regular Agenda
Council Membe rs Garren . Bradshaw. Wolo yn. Yurchick .
Grazuhs. Bums
one
Council Member Nabholz
(a) Approval of Ordinances on First Reading
(i) Director Gryglewicz presented a recommenda11on from the Department of
Finance and Administrative Services to adopt a bill for an ordinance approving the 200 I Budget for th e
City of Englewood. He stated that this 1s the first reading for the 200 I Budget for the C it y of Englewood
and it was discussed previousl y at Study Session . He said he would go into as little or as muc h depth as
Council would like on the budget itself.
Mayor Burns noted they went into considerable detail , during the Study Session, on the changes Council
made from the original budget session. Again. he said, on behalf of Council he wanted to thank Director
Gryglewicz, his staff and all the department heads for working on this budget to generate a fair unre stncted
fund balance . He noted Council and staff has done a lot of work on the budget and they do appreciate it .
He asked if anyone on Council had any other items they wanted to bring up . There were none .
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Englewood City Council
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COUNCIL MEMBER BRADSHAW l\lOVED, AND IT WAS SECONDED. TO APPRO\'E
COUNCIL BILL NO. 76.
COUNCIL BILL NO . 76. l TRODUCED BY COU . CIL MEMBER BRAD-HA\\'
A BILL FOR A . ORD ll\A NCE ADOPTING THE BUDGET FOR THE !TY O F E~G I E\\'OO D.
COLORADO. FOR THE FISCAL YEAR 2001 .
Vote results :
ye s:
Nays:
Absent :
Mouon earned .
Council Members Garrett. Bradsha". \Volo ~11 . \'urch1 k .
Grazulis, Bums
No ne
Council Member Nabhol z
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(1i ) Direc tor Gryglewicz presented a recommendauon from th e Depanment of
Finance and Administrative Services to adopt a bill for an ordinance appropnaung fund s for Fi sc al \'ear
2001 . He explained that thi s is the actual bill for an ordinance that gives au 1honza11on 10 expend the fund s
that are m the budget that was just passed on fir st reading .
COUNCIL MEMBER BRADSHAW l\lOVED, AND 11' WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 77 .
COUNCIL BILL NO . 77. INT ROD UCE D BY COUN IL MEMBER BRAD SHAW
A BILL FOR AN ORDINANCE APPROPRIATING MONIES FO R ALL MU:--ICIPAL P RP OSES IN
THE CITY OF ENGLEWOOD. COLORADO . IN THE FI SCAL YEAR BEGINNrNG JA l'.'lJ ARY I .
2001 , AND ENDING DE CEMBER 31. 2001 . CONSTITUTI 'G WHAT IS TE RM ED THE ANN UAL
APPROPRIATION BILL FOR THE FISCAL YEAR 2001.
Vote results:
Ayes :
Nays :
Absent :
Motion ca rried .
Counc il Members Garrett . Bradshaw. Wolosyn. Yurch1ck.
Grazulis . Bums
one
Council Member Nabho lz
(iii) Director Gryglew1cz prese nted a re comme ndation from the Depanment of
Fi nance and Administrative Services to adopt a bill for an ordinance establishing the 2000 Mill Levy to be
collected in the year 2001. He advised that the General Mill Levy is 5.880 mills, the Debt Service Fund ,s
1.150 mills and the Englewood Do\\11town Development Authority mill levy is set at 4.397 mills . He said
he did attach a worksheet showing what a typical hou se hold in Englewood would pa y to the City for the
General Fund and 10 Debt Service.
Counci l Member Bradshaw stated that the maj ority of the propeny taxe s collec ted in Englewood does go 10
the schools. The amount that goes to the City is minimal , she said. Director Gryglewicz said yes , that is
true . He advised that on the attached worksheet it sho ws that on a $150,000 .00 home . that typica l
homeowner would pa y $85 .91 for gene ral operations a nd $16 .80 for debt se rvice on the community center.
Mayor Bums asked how the se mill levies compare with pre vious years . Director Grygle wicz advi sed that
the General Mill Levy is the same and the Debt Service ha s gone down a little bit because the assessed
va lue of homes has gone up, so it has. correspondingly. gone down . He stated that the amou nt co ll ected is
just enough to pay debt service .
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Ma yo r Bums stated that . once again, Council has not raised taxes m order to fund the General Fund .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 75.
COUNCIL BILL NO. 75 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF TH E
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE C ITY OF ENGLEWOOD .
COLORADO, AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOW N
DEVELOPMENT AUTHORITY .
Vote results:
Ayes :
Nays :
Absent :
Motion carried.
Council Members Garrett . Bradshaw. Wolosyn . Yurch1 ck.
Grazulis, Bums
No ne
Council Member abholz
(1v) Director Gryglewicz prese nted a recommendauon fr o m the Department of
Finance and Admini strative Services to adopt a bill for an ordinance approving a lea se purchase of Cisco
networking equipment. He advised that this equipment is on site ; it was actuall y purc hased on May t" of
this year from NEC Business Network Solution Incorporated for $3 78. 761 .00 . We are leasing thi s through
Sutro & Co., Incorporated at a rate of 5.92 %. He explained that this would allow money to be freed up for
other uses in the Information Technologies Department.
Council Member Bradshaw asked if this is the first step in getting that department into the year 2000 .
Director Gryglewicz explained that this equipment is the routing equipment for the network in the C it y and
those funds that are freed up will be the first step in upgrading all of our te chnology.
Council Member Grazulis asked if, because it is a lease option. that we will be receiving some of th e newe r
things sooner. Director Gryglewicz advised that it would allow us to take so me of that money ba ck and put
it into other technologies. He said Ms . Grazulis was right. that as these lea ses expire then the y are
generally renewed so you keep the equipment more current .
Council Member Grazulis asked if. at the time of renewal , we would ge t updated add-ons. Director
Gryglewicz said yes. or we will replace the entire system.
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO . 73.
COUNCIL BILL NO . 73 . INTROD UCE D BY COUNC IL MEMBE R WOLOSYN
A BILL FOR A ORDINA CE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING
AND APPROVING THE LEASE-PURCHASE OF NETWORKING EQUIPMENT FOR TH E CITY
AND PROVIDI G DETAILS IN CONNECTION WITH THE LEASE-P URC HASE OF TH E
EQUIPMENT .
Vote results:
Ayes :
Nays :
Council Members Garrett, Bradshaw, Wolosyn, Yurchick.
Grazulis , Burns
None
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Englewood City Council
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Absent :
Motion carried .
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Council Member Nabholz
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(v) Director Gryglewicz presented a recommendation from the Depanment of
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Finance and Administrative Services to adopt a bill for an ordinance amendmg Title 5. Chapt er 26 of the
Englewood Municipal Code penaining to trash haulers . He advised that Tule 5. C hapter 26 se ts forth the
licensing provisions for trash haulers . This proposed ordmance will limit the collect1on da ys to Monda ys
and Wednesdays and it includes provisions for holidays and exceptions for bad \\Cather and mad venentl )
missed collections.
Council Member Bradshaw said she would like to make a comment. She stated this is not a new issue . that
the issue of municipal solid waste management was discussed in the early 1980's. The Keep Englewood
Beautiful Commission was formed in 1991 to examine environmental issues impacting the Cit y of
Englewood. she said and in 1992 the Keep Englewood Beautiful Commission held a public hearing to
discuss trash collection issues . In 1997 the Keep Englewood Beautiful Commission concluded a two-yea r
study that included discussions with area trash hauling companies. an analysis of surrounding mum ci pal
trash collection policies and a review of the current ordinance, at which time the y presented a repon to u y
Council. In 1998 an ordinance requiring mandatory trash collection, was introduced and be ca me pan of th e
nuisance ordinance and in 1999 City Council reviewed alternatives and recommendation s fr o m the Keep
Englewood Beautiful Commission and detennined to pursue designated colle c11on da ys . Ms. Bradsha"
pointed out that this has been cussed and discussed for over twenty years .
Mayor Bums noted that pan of this is to relieve wear and tear on the streets and try to make thi s a bit mo re
umforrn. He stated that you can still hire yo ur 0\\11 trash hauler, that the City had the opponunity to take
over this service before and has elected not to do so because the citizens say they want to be able to make
their own choice . This. he said, is JUSt an dTon to make it a more efficient process .
Council Member Grazulis said she wanted to cl:mfy, as her constuuents are very concemed that the y will
still have the choice of their own hauler. She pomted out that the y can still c hoose their own haule r.
Director Gryglewicz said absolutel y.
Mayor Bums noted that there is a small typo m the fir st Whereas. the third lme . m the middl e . It should say
··as well as wear and tear on the City streets ."
Council Member Garren said he thought there was another thmg they should focus on. the rea so n he would
suppon this is that we are consolidating so we don ·1 have trash trucks going up and down our streets five
days a week . This proposed ordinance would consolidate that mto cenain periods . But the other rea so n he
suppons this is for code enforcement purposes . We have code enforcement that sa ys yo u should not leave
your trash out for more than twenty-four hours before the sc heduled pick-up . He noted that by havmg trash
pickup continually, on any given day. it is difficult for our code enforcement officials to know that yo ur
day is not tomorrow. which is an excuse that can be given . This helps that pan, he sa id , 111 helpmg to clean
up the City.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 74 .
COUNCIL BILL NO. 74, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING TITLES , C HAPTER 26. SECTIO 4 . PERTAINING TO
DESIGNATED COLLECTION DAYS .
Vote results:
Ayes : Council Members Garrett. Bradshaw, Wolosyn. Yurchi c k.
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Nays :
Absent:
Motion carried.
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Grazuli s. Bums
None
Council Member Nabhol z
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(vi) and (vii) Housing Finance Spec1ahst Grimmen presented a recommendation
from the Community Development Depanment to adopt a bill for an ordmance authorizing the purcha se of
residential property located at 2357 West Wesley Avenue and a recommendau on to adopt a bill for an
ordinance authorizing the purchase of residential property located at 2399 West Wesley Avenue . She
advised that they are asking Council to approve the purchase of two properties that are loc a ted up on the
edge of Zuni and West Wesley for potential future development of residential parcels in that area .
Attached to the Council Communication, she said. is a map and the offer to purchase wa s done ba se d on
full appraisal and accepted by the families . Ms . Grimmett pointed out that the fam1he s actually 1111t1al1)
approached the City, it was not something that we went out and sought .
Mayor Bums noted she sai d the families approached the Ci ty . Ms . G nnunett said ye s. th e fam1he s actuall y
approached the C ity and inquired if we were interested in purchasin g the properties.
Mayor Bums noted that one issue that is rai sed. when the City acquires properti es fo r poten11al
development. is whether the City is engaging in an exercise that pri vate mdu ti) could do JUS t as "e ll or
whether we are acting as a catalyst to try to improve a nei ghborhood where 11 othe"' 1se 1s no t being
improved. He asked Ms . Grimmen to speak to that. Ms . Grimmett said ccrtaml y. S he ad\'lscd that o ne o f
the issues up there with West Wesley is that on the bac kside. the north side . ofth1 parti cular propert y 11
fronts on a potential future street of West Caspian Avenue, which ha s not ye t been completely dedi cated .
So with this particular acquisition it can stimulate. not only the growth in the neighborhood. 11 can improve
the type of housing stock that 1s purchased up there and also serve as the add111onal cata lys t for holding the
property until the future street of West Caspian Avenue can be potentiall y acquired and 1mpro\'ed and built
along that particular area . Not all of the parcels have dedicated right -of-way. so thi s would mamtam that.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 85 AND COUNCIL BILL NO. 86.
COUNCIL BILL NO. 85 , INTRODUCE D BY COUNCIL MEMBER WOLOS YN
A BILL FOR AN ORDINANCE AUTHORIZING THE P RC HA SE OF 23 7 WEST WES LEY
A VENUE BY THE C ITY OF ENGLEWOOD. COLORADO.
COUNCIL BILL NO . 86. INT ROD UC ED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING THE PURC HA SE OF 2399 W ES T WESL EY
A VENUE BY THE CITY OF ENGLEWOOD, COLORADO.
Vote results :
Motion carried.
Ayes:
Nays :
Absent:
Council Members Garrett. Bradshaw, Wolosyn, Yurchick .
Grazulis. Bums
None
Coun ci l Member Na bholz
(viii) Mayor Bums advised that Director Ro ss would present a re commendati on from
the Department of Public Works to adopt a bill for an ordinance amending the C ity of Englewood's nghts-
of-way ordinance and to set a public hearing for November 6, 2000 to gather input .
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Council Member Garren advised that he would no t be panici pating on this agenda item. as hi s employer 1s
a user of the rights-of-way.
Director Ross advised that this pan of the Code was last revised in 1985 and there have been a lot of
changes since then . With the push of the Federal Government to open up markets to new cornpames we
feel that it is time to modify the rights-of-way ordinance to help us to be bener able to work with the new
service providers and to maintain control of our rights-of-way. He noted we had a publ ic hearing o n this
ordinance in June of this year. Since then. he said. we have been busy meeting with the service providers.
going over the ordinance. listening to their concerns and revising the ordinance where we thought we could
and m doing so we hopefully have an ordinance that now works for them as well as for us . What you have
before you tonight. he said, is a culmination of all those effons. but in our hurry to get the re vised
ordinance in the packet. there are a few typos and in addition there were a couple of defimt1ons m C hapter
11-7-2 that we wanted to include . One was a definition of EMC. a s we refer to EMC throughout the
ordinance. which is referring to the Englewood Municipal Code. In addition. he explained. we wanted to
modify the definition of emergency to reflect that interruption of services is indeed an emergency. He
noted that anyone who ha s had their cable go out during a Bronco game can anest to that and so therefore
we wanted to include that as an emergency . Mr. Ross advised there was one other change he wo uld hk e to
request and that is due to a communication he received from the American Public Works As oc 1at1 o n JUSt
recently. In I 998 a St. Cloud. Minnesota contractor hit a high-pressure gas service pipeline. The
contractor notified his supervisor. but the supervisor failed to notify any emergency response agencies So
fifteen minutes later, he said. someone not even connected with the incident notifi ed the emergency erv 1ce
agencies , but twenty-four minutes after that an explosion occurred that killed four. mJured clc,·en and
resulted in six buildings being destroyed . So the conclusion of the N ational Transponation Safety Board
was that the major contributing fa ctor to the severity of this accident was the delay of the contrac tor m
notifying the proper authorities. So that , he said, is the reason he asked for thi s last minute addn1on that
takes this advisement into account. We have added it to C hapter 11-7-22. under emergency procedure . to
deal with the required notifications. Director Ross stated that we hereby request the C it y Counci l approve
this ordinance with the three additions mentioned above and sc hedule a pubhc heanng on thi s mane, for
November 6 , 2000. He said if Counci l had any questi o ns he "o uld be happ y to address them.
Council Member Wolosyn noted there were two types of fees . d egradati o n a nd in creased adn11m strat1 ve
fees . She asked if the increased adnunistram·e fees will happen before the o un ca,e ,s settl ed . D1re c 1or
Ross said yes they will , that they hope to have the fees resolution to Counc il at the same tnne th e y " 111 be
considering Council Bill No. 40 on second reading. In all hkehhood. he sa id . n will occur before the
Supreme Coun is heard.
COUNCIL MEMBER WOLOSYN 1\10\"ED. AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 40 AND TO SET A PUBLIC HEARING FOR NOVEMBER 6. 2000.
COUNCIL BILL NO. 40, INTROD CED BY CO NCIL MEMBER WOLOSYN
AN AMENDED BILL FOR AN ORDINANCE REP EA LI NG TITLE 11. HAPTE R S 3(A). 3(8), 3(C),
AND TITLE 12 , C HAPTER 4 ; AND C R EA TING A NEW TITLE 11 . C HAPTER 7 . ENTITLED '"C ITY
RIGHTS OF WAY· PERMITS AND REQUIREME TS". OF THEE GLEWOOD MUNICIPAL
CODE .
Vote results:
Ayes :
Nays:
Abstain:
Absent :
Motion carried .
Counci l Members Bradsha "'· Wolosyn. Yurch1ck , G razuli s. Bums
None
Council Member Garrett
Council Member Nabbolz
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(ix). (x) and (x1) Director Fonda presented a reconunendallon from the L:11 h11e s
Dcpanment to adopt a bill for an ordinance authorizing an Agreement to exchange Real E tale between
Poag and McEwen Lifesryle Centers -Linleton L.L.C. and the Ci ty of Englewood . a re conunenda11 o n to
adopt a bill for an ordinance authorizing a License Agreement for the C uy Duc h to Poa g and Mc Ewe n
Lifesryle Centers -Linleton L.L.C. and a recommendation to adopt a bill for an ordinance authorizing a
''Grant of Construction Easement"' for the City Ditch to Aspen Grove Business Improvement District. Poag .
and McEwen Lifestyle Centers -Linleton L.L.C. He explained that all of these are tied into another project
that Council recently approved. which, combined, allows them to put in about 1500 feet of pipe on the City
ditch. He stated this is a great asset to the City. because that 1s about a half a million dollars worth of pipe
that we don 't have to put in. They need to pipe it so that their buildings will not be damaged because the
ditch would be above them and that would take care of leakage problems and so forth . This section. he
advised, is six hundred feet on the southern end of it . it is where they actuall y have to move the dit ch to
accommodate one of their buildings and we have no problem "~th that. They go to a larger pipe size. a
sixty-inch instead of a fifty-four and some manholes to allow the hydraulics to work properly . So. he said.
we arc highly recommending this , this is a large stretch of City ditch that we would like to see in pipe as 11
is our ultimate goal to pipe it and then be able to use that as an alternate supply in the wintertime . Director
Fonda said he would like to thank the legal department for helping them get thi s through thi s quickl y.
because we are in a time bind to get them under construction as soon as we shut the ditch down in
November. They have to get done very quickly and get out of there . He advised we would like to tr y and
be able to run water down the Cit y ditch in the winter or see if we could. even though so me sernons 1111
aren 't piped.
Council Member Bradshaw advised that she voted against thi s on the Water and Sewer Board and she
thought 11 was more to take a stand. She stated she is certainly not opposed to the C it y recei ,·ing fr ee C it y
Ditch piping. The issue she wanted to bring forward is that this is going to be a major shopping ce nter on
Santa Fe by Mineral and it is going to directly impact the Nature Center. the wetlands and the bike trail.
She noted that it 1s out of the City of Englewood and we don 't have a lot of control over that, but she
wanted people to be aware .
City Anorney Brotzman said that Council also received a new map on this . He advised that Bill
McConnick and Nancy Reid noticed a small error and so Council has a new map .
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPRO\'[
COUNCIL BILL NO. 82 , COUNCIL BILL NO. 83 AND COUNCIL BILL NO. 84.
COUNCIL BILL NO. 82 , INTRODUCED BY CO UNCIL MEMBER WOLOSY
A BILL FOR AN ORDINA CE AUT HORIZING A AGREEMENT TO EXC HA NGE REAL E TATE
BETWEEN POAG AND MCEWE N LIFESTYLE CENTERS-LITfLETON L.L.C'. Al'sD THE C ITY OF
ENGLEWOOD, COLORADO .
COUNCIL BILL NO. 83 , INTROD UC ED BY COU 'C IL MEMBER WOLOSY1'
A BILL FOR AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" FOR THE C ITY
DITCH TO POAG AND McEWEN LIFESTYLE CENTERS-LITTL ETON L.L.C.
COUNCIL BILL NO. 84, INTROD UC ED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EASEMENT" FOR
THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT, A QUASI
MUN ICIPAL CORPORATION (BID). POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON
L.L.C.
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Englewood Cit~· Council
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Page II
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
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Council Members Garren , Bradshaw. Wolosyn , Yurchick.
Grazulis. Burns
None
Counc il Member Nabhol z
(b ) Approval of Ordmances on Second Reading
There were no items submitted for approval on second reading .
( c) Resolutions and Motions
(i) Senior Planner Graham presented a recommenda11on from th e Commumt )'
De,·e lopment Depanment to approve. by motion, a contract wnh RNL Design for Prof es 1onal
Comprehensive Plan Services. He advised that we have had a lo ng-term relat1onsh1p with R:-.L. T he y
were the contractor on site planning for the mitial work on C 1tyCenter and the contrac tor for the fa 1ht1e s
study for City facilities when we made the dec1S1on to mo,·e to thi s bu1ldmg . He noted they "ere a lso ke y
in the CRNA process where Aurora. Arvada and Englewood panic1pated m rev1ewmg h ght rail projects.
He stated that we feel they have the kind of background we need. that they ca n provide a team to provide
the range of services. including diagrams. graphics . maps. conce ptual drawings and Web design so we can
put our Comprehe nswe Plan on the Web . We are look mg forward to work mg" 1th them. he said . and this
work would be completed b y the end of this year and we would ha ve a ne\\ Comprehe nsiv e Plan ea rl y 111
2001.
Mayor Bums asked that Mr. Graham explain the source of funds. Mr. Graham advt ed that thi s 1s a
budgeted item. the Comprehensive Plan update is in the Communit y De,·elopment \\' ork Program. !\1ayor
Burns said. so 11 1s already budgeted . Mr. Graham said yes .
CO NCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPRO\'E A
CONTRACT WITH RNL DESIGN FOR PROFESSIONAL COMPREHENSl\'t: PLAN s•:R\'ICES
IN THE AMOUNT OF S40.000.00.
Ayes :
Nays :
Absent :
Motion carried.
12. General Discussion
(a) Mayor's Cho ice
Coun c il Members Garre tt . Bradsha". \\'o lo yn . Yurch1 ck.
Grazulis . Bums
None
Counci l Member Nab ho lz
(i) Mayor Bums noted that Council hasn 't met si nce the Rail-Volu11on Conference
two weeks ago, at which approximately 1200 to 1400 delegates gathered downtown at the Adams Mark
Hotel. They are advocates of what we are doing in Englewood ... rail and economic de ve lopment , tran si t-
oriented development. They held the social event for the conference here in thi s building on Thursday of
that week, he said, and II was an enormous success . We had about I 000 people from all over the country
and all over the world and come to Denver and Englewood for this event. Mayor Bums advised that we
had a huge amount of positive feedback about this building, its design and the design of our transit-oncnted
development. We have found that there are , indeed. not very many true transit-oriented developments
around the country and we were told we had inspired a lot of different communities to try to imitate what
we are doing here in Englewood. He said it was a lot of fun to panicipate in this and our staff did a
wonderful job. Mayor Burns said he would like to thank Bob Simpson and all of the staff who worked o n
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October 16. 2000
Page 12
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the social event, including the Public Works folks who had to clean up after it . They had some ca rpet s to
take care of and some other things after we paraded a thousa nd people through here. but the y reall y gave
yeoman service . He noted that Lauri Dannemiller. Mark Graham and Jerrell Black were down at the
conference . They had mobility tours around the metropolitan area. he said . and a coupl e of them came
back to this Center after the social event and one before the social event , so people go t a really good look at
thi s deve lopment and some good explanation of how it was put together financially and fiom a plarming
standpoint. So that . he said. was a tremendous benefit to thi s community and he was hopeful it wo uld help
u get a few c hoi ce tenants for th is development from that expos ure . He thanked the members ofCouncrl
who anended that conference . Mayor Burns opined that it was quite a success for the Ci ty of Englewood .
(ii} Mayor Bums said he also wanted to say that he is very pleased that Tranunell
Crow Residential now has a building permit to stan. as their sig ns says. the luxury condominiums. whrch is
the residential ponion of our development . They will build 438 units and th e fir st pan of that will be m th e
center section, just nonh of the street. Mayor Burns said he think s they will move along very qur ck ly o n
that and will lease very well . He noted they are ve ry excited about getting staned and he tho ught that "ill
be a tremendous asset and improvement to this development . We hope to get started with so me of the retarl
as soon as possible, he said.
(iii) Mayor Bums said , once again . he would hk e to thank staff for work mg " rth
Council on the budget adjustments. He stated he felt th ey reac hed a good compromi se o n th ose and a
responsible one for th e citizens of Englewood.
(b) Council Member's C horce
(i) Counci l Member Garren thanked Co un ci l Member Bradshaw for her report .
which Council received in therr packet. on the Rarl Volutron Con fe rence . For those us \\ho drdn 't gt't to
attend it was helpful. He said rf anyone el e has insights . he would look forward to rcadrn g th err rcpons as
well .
(rr) o unc 1l Member Bradshaw advised Council that she would be o ut of to wn ne~t
week. She sard she thought her llrght arrives at 5:-l O. so she ma y or may not be at the Study Sess ion . but
she did not think she would .
(iii) Counc il Member Yurchick :
I . He sard the EDDA met and discussed the RFP. Acoma Street and the old C ity Hall si te . Primaril y.
he said , they had three or four concerns . They wanted to make sure that the site was at lea st 75 % lea ed.
the y wanted to make sure we don 't end up with another Trolley Square and the y are requesti ng one
additional member on the review comrninee . Parking was a big issue ... safety and parking . He said he
would have to get the li st of concerns to Council.
2 . He advised Co unci l that he wouldn ·1 be here next Monday ni ght for Study Session.
13 . Cily Manager's Report
(a) C ity Manager Sears advrsed that he attended the City Manager Conference a few weeks
ago in Cinci nnati . There were actually a number of things discussed, he said. but one of the things . which
he handed out to Co uncil , was the implications of e-Govemment . He noted that Mark Gra ham had
mentioned earlier that we are going into e-Goverrunent. He opined that with the budget approval there is a
lot of money that has been put into that and he is very excited about that and the fact that we can now use
those funds to focus on where we are moving over the next several years . Mr. Sears conunented that by
just taking a look at some of these questions and some of these formats he thought Council would see that
permitting systems, users fees , all kinds of things. will have an impact . The Comprehensive Plan and all
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Englewood City Council
October 16, 2000
Page 13
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kinds of things are going to be on the Internet and with Council's approval of the Budget tonight. he said.
he thinks we arc going to be able to acco111>li.~h some of these items as we move forward .
14 . City Attorney's Report
(a) City Attorney Brotzman requested authorization to settle Magee v. City of Englewood,
with a payment ofS20,000.00.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE
SETILEMENT OF MAGEE V. CITY OF ENGLEWOOD, WITH A PAYMENT OF s20,ooo.oo.
Mayor Burns said, for the record, that Council did discuss this in Executive Session tonight and we believe
this is an excellent accommodation on this panicular litigation item.
Vote results:
Ayes :
Nays :
Absent:
Monon earned.
Council Members Garren . Bradshaw, Wolosyn . Yurchick .
Grazulis, Burns
None
Council Member Nabholz
(b) City Attorney Brotzman advised that Assistant City Attorne y Reid would be here for the
next two Mondays as he will be on vacation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, OCTOBER 16, 2000
7:30 P.M.
Englewood Civic Center
1000 Englewood Parkway
Englewood , CO 80110
Call to order. r/: cb/ ~
Invocation. ~
Pledge of Allegiance . ~
4. RollCall. f#~ /~{A/A-BIi~)
5. Minutes.
. .
tJffJ'.5-0-/ a. Minutes from the meeting of Regular City Council Meeting of October 2, 2000~
( AB<';h-11.J : G;A-U£trj
6. Scheduled Visitors. (Please limit your presentation to ten minutes .)
a. A representative from the City of Sheridan will be prese nt to address Council regarding
the Oxford Bridge.
7. Unscheduled Visitors . (Please limit your presentation to five minutes .)
.(,. sn_v._AJ HOf,L.1£/(
V• ~/1qll,L POUA-µ
8 . Communications, Proclamations , and Appointments .
ff
9 . Public Hearing. (None scheduled)
J)--
PINN note: If you have a dlublllty and need auxiliary alda or urvlc:N, pleaH notify the City of Englewood
(303-712-2405) at INat 48 hours In advance of when urvlc:N.,. nNded. Thank you .
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En@lewood City Council Agenda
Octbber 16, 2000
Page 2
1 ~ Cons'1 :r~nd~ A/1).{,J_-&--;
J/')fl ft oa. ~f Ordinances on First R~ ~"'J;//f;/;/J:iil
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COUNCIL BILL NO. 80 -Recommendation from the Department of Safety
Services to adopt a bill for an ordinance authorizing an Automatic Aid
Agreement with South Metro Fire Rescue . STAFF SOURCE: Kieth Lockwood,
Division Chief -Fire Operations.
ii . COUNCIL Bill NO. 81 -Re commendation from the Department of Finan ce
and Administrative Services , City Clerk 's Office, to adopt a bill for an ordinance
clarifying the City Clerk's power to administer oaths at City Council meetings .
STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative
Services and Loucrishia A. Ellis, City Clerk.
iii. COUNCIL Bill NO. 79 -Recommendation from the Department of Finan ce
and Administrative Services , City Clerk 's Office, to adopt a bill for an ordinance
amending various sections of the Englewood Municipal Code 2000. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services
and Loucrishia A. Ellis, City Clerk.
iv. COUNCIL Bill NO. 78 -Recommendation from the Department of Safety
Services to adopt a bill for an ordinance relating to minimum standard s for
commercial vehicles. STAFF SOURCE: Division Chief Tom Vandermee.
b . Approval of Ordinances on Second Reading .
$"
c. Resolutions and Motions .
i .
ii .
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution approving an increase in benefits for Firefighter retirees
effective January 1, 2001 for those retired as of January 1, 1998 . STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.
Recommendation from the Department of Public Works to approve, by motion ,
the purchase of a self-propelled asphalt paver . Staff recommends awarding the
contract to the sole bidder, McDonald Equipment Company, in the amount of
$67,500. STAFF SOURCE: Ken Ross, Director of Public Works .
11. Regular Agenda .
a. Approval of Ordinances on First Reading.
i. COUNCIL Bill NO. 76 -Recommendation from the Department of Finance
and Administrative Services to adopt a bill for an ordinance approving the 2001
Budget for the City of Englewood. STAFF SOURCE~an~ G7glewicz,
Director of Finance and Administrative Services. A5 ~
P ..... note: If you have a dlublllty and nNd auxiliary alda or NrYlces, please notify the City of Englewood
(303-712-2405) at INat 48 hours in advance of when NrYICfl are needed. Thank you .
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Eng!J!wood City Council Agenda
Octbber 16, 2000
Page 3
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ii .
iii .
iv.
V.
vi.
COUNCIL BILL NO. 77 -Re commendati on from the Depa rtm ent of Finance
and Administrative Services to adopt a bill for an ordi nan ce appropriating funds
for Fiscal Year 2001 . STAFF S~RC~: Frank Gryglewicz, Director of Finance
and Administrative Services. ~
COUNCIL BILL NO. 75 -Re com mendation from the Depart ment of Finance
and Administrative Servi ces to adopt a bill for an ordinance esta bli shin g the
2000 Mill Levy to be collected in 2001 . STAFF SOURCE: Frank Gryglewicz,
Director of Finance and Administrative Services.~
COUNCIL BILL NO. 73 -Recommendation from th e Depa rtm ent of Finance
and Administrative Services to adopt a bill for an ord inan ce approving a
lease/purchase of Cisco netwo rkin g equipment . STAFF SOURCE: Frank
Gryglewicz, Director of Finance and Administrative Services.~
COUNCIL BILL NO. 74 -Recommendation from the Department of Finan ce
and Administrative Services to adopt a bill ior an o rdin an ce ame ndin g Titl e 5 ,
Chapter 26 of the Englewood Municipal Code pertai nin g to trash haul ers .
STAFF SO~'!_CE: ~ran~ Gryglewicz, Director of Finance and Administrative
Services./~~
COUNCIL BILL NO. 85 -Recom mend ation fr om th e Community Development
Department to adopt a bill for an ordinance auth orizi ng the purcha se of •
residential property located at 2357 Wet We ley Avenue. STAFF SOURCE:
Mark Graham, Senior Planner and Janet Grimmett, Housing Finance
Specialist . ~
COUNCIL BILL NO. 86 -Re commendation from the Community Developmen t
Department to adopt a bill for an o rdin ance authorizing the purchase of
residential property located at 2399 West Wesley Avenue. STAFF SOURCE:
Mark Graham, Senior Planner and Janet Grimmett, Housing Finance
Specialist.
viii. COUNCIL BILL NO. 40 -Recommendati o n from the Depa rtment of Publi c
M:HJ ':i O / Works to adopt a bill for an o rdinan ce amendi n g th e City of En glewood's ·rrlA ; .,-. Rights-of-Way ordinance and se ttin g a publi c hea rin g fo r November 6, 2000 to llllf/JI~ gather public input. STAFF SOURCE: Ken Ross, Director of Public Works. ~
ix . COUNCIL BILL NO. 8 2 -Recom mendati o n from the Utilities Department to
adopt a bill for an ordinance authorizin g an Agreement to exchan ge Rea l Estate
between Poag and McEwen Li festy le Centers -Littl eton L.L.C. and the City of
Englewood . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~
COUNCIL BILL NO. 83 -Recommendati o n from the Uti lities Department to x.
adopt a bill fo r an ordinance auth o ri zi ng a Li cen se Agreement for th e City Ditch
to Poag and McEwen LifestylP Ce nters -Littl eton L.L.C. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
P ..... note: If you have a dlaablllty and need auxiliary aids or NrVicn, plNae nollty the City of Englewood
(303-782-2405) at lent 48 houra In advance of when NrVk:n are needed. Thank you .
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EM,lewood City Council Agenda
October 16, 2000
Page4
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xi. COUNCIL BILL NO. 84 -Recommendation from the Utilities Department to
adopt a bill for an ordinance authorizing a "Grant of Construction Easement" for
the City Ditch to Aspen Grove Business Improvement District, Poag, and
McEwen Lifestyle Centg~ ~:~e~o~ L.:C. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities. vv tnr~
Approval of Ordinances on Second Reading .
.e-1 . d . Reso ut1ons an Motions.
i . Recommendation from the Community Developm ent Departm ent to approve .
by motion, a contract with RNL Design for Profes sional Comj]~eh~n siye Plan
f,d-Services. STAFF SOURCE: Mark Graham, Senior Planner . I}'~
"ff1 tXJ() • "°
12. General Discussion .
a. Mayor's Choice .
b. Council Members ' Choice.
13 . City Manager 's Report .
14. City Attorney's Report .
a .
ap,ltro
Request for c~thor}zati?n to settle Magee V. City of Engl ewood , et al with a pa y ment of
$20,000 . et~
Adjournment . g--_ / '7 ~
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The following minutes were transmitted to City Council between September 29 and October 12,
2000 :
• Englewood Cultural Arts Commission meeting of September 6, 2000
• Englewood Liquor Licensing Authority meetin g of September 6, 2000
• Englewood Liquor Licensing Authority telephone poll of September 20, 2000
• Englewood Code Enforcement Advisory Committee meeting of September 20 , 2000
Pleue note: H you have • dlublllty end need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) et least 48 hours In advance of when services ere needed. Thank you .
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNICI ll!DUII ED Vllf1'0III
DATE: October 16, 2000
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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CERTIFICATE OF APPRECIATION
This certificate is awarded to
CITY OF ENGLEWOOD
In recognition of your valuable contributions to the
1 999-2000 Oxford Avenue Bridge Replacement Project
which helped to facilitate the successful completion of
this public/ private capital improvement project.
Ji~Egan , Mayor
Se ptember 30, 2000
Da te
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
I. Call to Order
Regular Session
October 2. 2000
The regular meeting of the Englewood City Co uncil was called to order by Mayor Bums at 7:34 p.m.
2. Invocation
The invocation was given by Counci l Member Nabholz.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Burns.
4. Roll Call
Present :
Absent :
A quorum was present .
Also present:
5. Minutn
Counc il Members Nab ho lz. Grazuhs, Bradshaw, Wolosyn.
Yurchick, Bums
Council Member Garren
Ci ty Manager Sears
C tty Anomey Brotzman
C at y Clerk Eilts
Director Bla ck. Parks and Re creauon
(a) COU~CIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINl!TES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER
18, 2000.
Ayes :
Nays :
Absent :
Motion carried .
6 . Scheduled Visitors
Coun cil Members Nab holz, Bradshaw, Wolosyn ,
Yurchick, Grazulis, Bums
None
Counci l Member Garren
(a) Mayor Bums advised that Fire Di vision Chief Kieth Lockwood was present to address
Council regarding the Fire Oivision ·s fire prevention efforts .
Chief Lockwood sai d he wanted to speak to Council to acknowledge some of the things they are doing in
the fire division, panicularly on the prevention side of the organizauon. He noted there are three distin ct
groups of people he would like to acknowledge . Particularly over the past couple of years , he said, the y
have been working with the business corrirnunity in a kind of collaborative effort to get our message of
safety out. He asked that Tim Ausfahl and Sandy Kistler from A & A Tradin · Post, and Norval Scrivner
from Abbon Fire Extinguisher Company, come forward. Chief Lockwood stated that the Department of
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Englewood City Council
October 2, 2000
Page 2
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Safety Services would hke to present a Conununity Service Award to Abbott Fire Extinguisher Co mpany
and A & A Trad in · Post for improving communi ty safe ty awareness through their annual s ponso rship of
fire extinguisher tramin g for cttizens and suppon of the fire education effon s in the community.
Specifically. he said. we have had a collaborative proce ss with A & A Tradm " Post and the y ha ve donated
time. space and resource for us to go do"11 there and co nduct educattonal presentations . Al so, he said.
they ha ve donated smoke de te ctors and exti nguishers that we ha ve dt smbuted throu ghout the ommunu •.
And for that , he said. we thank them. very, very muc h. Chief Locb,ood adnsed that No n ·al cnvner. "uh
Abbott Fire Extingui sher Co mpany. ha s worked with us for the pa t t"o or three year and has donated
countless numbers ofextm guis hers that we u em conduc tmg actual h,e burn trammg Generally. he
noted , in an y of the e,·ents o ut si de . yo u will see a col umn of bla ck moke that dra" a lot of people o ,er
there to see what is go ing on. Clu ef Loc kwood advised that" hat they ha, e fou nd o ut 1s that there are a
number of people who hav e ne,·er ac tttall y u ed an exnngu1sher. The y kt10 " what the> look hke . the y
know where the y are supposed to be . b ut the y ha,·e never used th em T lu-oug h the effon and the donati ons
of companies s uch as th ese, it ha helped us to be able to actuall y let pe ople ge t o ut there and try them . For
that . he said. he offered hi s thanks .
Chief Lockwood said he \\anted to thank Co unctl for prov1d111g . and ,uppon111g , a ve nu e s uc h as the O lde
Tyme Fair. Also, he said. he wanted to thank Jerrell Black and hi s sta ff for '"pla ymg "ell wnh others:· He
stated the y have been great.
Chief Lockwood adv, ed tha t the next gro up of people he wanted to re cog111 2e wa s a co uple o f firefighter s.
He asked that Kent Oa\ ,e and Tra ey Taylor come forward . C lu ef Lock\\oOd advised that the y have
scaled down some of the th,ng the y do dunng Fire Preventi on \\'eek because th<) reali ze that the y ha ve a
better audience dunng the Olde Tyme Fair and the y ha,·e used that as a venue to do some of the fire
prevention effons. Thi s ye ar wa s their seco nd yea r to paruc,pate in that anti It 1molved a number of peo ple
beyond Mr. Davies and !'vi s. Taylor. but the y were very instrume nt al m ordmaung the effons. In addiuon
to focusing on the fir e preve nt, n arena. they also addressed car eat afet y He co mmented that a co upl e
of years ago they receive d some kudos from the State leve l for o ur people bemg m,·o lved m that. Ju st to
give an example, he said. dunng the two da ys of the Olde Tyme Fa ir th ey actuall y c hecked fifty-four car
seats and coached and coun e led the people on th e co rre c t wa y to mstall the car seats. Ke nt Davies and
Tracey Taylor worked hard to coord1riate thi s effon. he said. and he \\anted to thank them.
7. Non-schedult"d Visitors
(a) Eugene Norman said he was born in Englewood and noted that when it comes to publi
speakmg he is totall y mept. but he feels that he ha s a respo nsibiltty to attempt some kind of communication
wuh hi s fellow cuizens. He cornn1ented that he knows it sounds insane , but he encountered extraterrestrial s
and he was with other peo ple when thi s occ urred . He was doing SOS s igna ls . Mr. Norman noted he was
doing it for every man. woman and child on the planet when it occurred. He advised that the people he was
with told him what the y observed and it co rrelated with what he had observed. He said he would like to
present some of the things to Co uncil and whether Council acts on it or not is . in many ways, totall y
irrelevant . I am 7 1 years o ld and in man y ways it doesn 't reall y matter to me , he sa id . yet it does matter to
me si nce I feel a great deal of empathy for all of yo u. He sa id he would like to discus s the hous ing aspec t.
At the present time we co nstruct buildings on the surface of the planet. lfwe would unders tand , basicall y.
man abstract way, the formation of bubbles , how bubbles form. lfwe were to take that idea and trans pose
it to, lets say, geodesic domes beneath the surface of our everyday reality, 1t would s impl y add to the
ground surface that yo u have at the present time . He explained that you would have more ground s urface
in the concept of public land . I am talking about our land, he said, and how we destro y 11. We take n vers
and streams and. rather than have those rivers and streams wander, we make a channel and the water fl ows
very quickl y through and past our reality into the sea , into the ocean. It doesn 't benefit us at all , he opmed.
except. potentiall y, visually . Mr. Norman stated that if we would begin understanding that nature is mu ch
more intelligent than we are. we could take those rivers and streams and ha ve ponds, little beaver ponds ,
etcetera, which would anract all kinds of life other than ourselves ... our se lfi s h selves. It would s impl y be a
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more intelligent wa y of going at it, he said. We take those streams and we make a straight stream that goes
directly into the ocean. We do that out of selfish interest . It is the almighty dollar that does it. It is not us
as individuals, its money, it's our greed that does it. He commented that yo u would have to beware of
particulates in all construction ofthis type. You would have to. hopefully, use inflated bubbles during
construction, devise more intelligent waste disposal systems. Mr . Norman pointed out that what we have
toda y is very primitive . I can elaborate , he said, on vent systems in this area and beating systems . That
area would be reclaimed, for us the public . We could plant it with various plants and elimi nate mo st
grasses that need tending or watering. We co uld maintain a bener balance of earthworm ecology. A
reconfiguration of construction would need to include small ponds. hopefull y beaver ponds and cleaner
water. No plastic, for God's sake . Keep what you have if you chose, but don't add to it . He stated that he
sees it as a tragedy. We arc a very primitive society and, personally. he said. I sec it as a lo st cause , but I
have been wrong before. Mr . Norman commented that he has tried to communicate ever since he
encountered thcsc ... whatever in God's name it was that he encountered . Has ancmpts at communication
have simply been ... hey man, here we are , we are human beings . Lets do it more intelli ge ntl y. he said , let s
go be yond our monetary concepts of gain, let's do it as human beings for a change . He not ed that he has
done this for so long that it has become part of his persona and he doesn't know how to stop. I know that
eventually I will , he said, but I continue trying to communicate with each of you as human beings . To me .
he said, it is like living in the dark ages . I would like to talk about our traffic problems, be said. and
without a doubt, you have a problem. This is just a minor suggestion, he sa id . If we could take , lets say
four blocks, and eliminate cars in those four block areas . If we did that there is a cross in the middl e whe re
we could plant trees. vegetation ... food that all of us could eat . Mr. Norman said he would like to leave th,
paper and a tape with Council. He commented that ifhe could possibl y find an advocate someplace. tha s
tape would end up on the President 's desk . I don 't consider mys elf to be any more intelh gent that an yo ne
else, he said, I am simply trying to communicate on a more intelligent level. He said he would leave th e
tape with Council and would pick it up at the next meeting and hopefully something will be done .
8. Communications, Proclamatlom aad Appointments
(a) A lener from Gerald Stankorb ind1catmg ht s re s ignation from the Englewood Code
Enforcement Advisory Comrninec was considered .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF GERALD ST ANKORB FROM THE ENGLEWOOD CODE
ENFORCEMENT ADVISORY COMMITTEE.
Motion carried .
(b)
considered .
Ayes : Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis , Burns
Nays: None
Absent : Council Member Garren
A proclamation declaring the month of October as Crime Prevention Month was
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE MONTH OF OCTOBER 2000 AS CRIME PREVENTION
MONTH.
Ayes :
Nays :
Absent:
Motion carried .
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis, Burns
None
Council Member Garren
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(c) A procl amation declaring the week of October 8 through 14 , 2000 as Fire Prevention
Week was considered .
COU 'CIL MEMBER BR.\DSHAW MOVED. AND IT WAS SECO'.'IDED. TO APPROVE A
PROCLAMATION DECLARl.'IG THE WEEK OF OCTOBER 8 THROUGH 14. 2000 AS FIRE
PREVENTION WEEK.
Ayes : Council Members Nabholz, Bradshaw, Wolosyn.
Yurchick, Grazulis. Bums
Nays :
Absent :
None
Council Member Garrett
Motion carried.
(d) A proclamation declaring October 21 through 29 , 2000 as Red Ribbon Week was
considered.
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECO~DED. TO APPROVE A
PROCLAMATION DECLARING OCTOBER 21 THROUGH 29. 2000 AS RED RIBBON WEEK.
Council Members Nabholz, Bradshaw. Wolosyn.
Yurchick. Grazulis , Bums
Ayes :
Nays:
Absent :
None
Council Member Garrett
Motion carried.
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Ma yor Bums presented the Proclamation declaring the month of October 2000 as Crime Prevention Month .
the Proclamation declaring the week of October 8 through 14 , 2000 as Fire Prevention Week and the
Proclamation declanng October 21 through 29 , 2000 as Red Ribbon Week. 10 Safet y Services Director
Chris Olson .
9 . Public: Hearing
No publi c heanng was sc heduled before Council.
IO . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading .
(b) Approval of Ordinances on Second Reading
There were no items submitted for approval on second reading .
( c) Resolutions and Motions
COUNCIL MEMBER BRADSHAW REMOVED AGENDA ITEM 10 (c) (i) FROM THE
CONSENT AGENDA .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (c) (ii) and (iii) •
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(ii) BID FOR MC LELLA~ RE SER OlR FE~CING WITH STEEL LOCK IN
THE Ai"10UNT OF $36,69 1.00.
(iii) CONTRACT WITH INTEGRA ENGl"NEERJNG IN AN AMOUNT NOT TO
EXCEED $27,352 .00 FORE 'GNEER SERVICES FOR THE :-.O RTH RESERVOIR DRAIN
MODIFICATIONS .
Vote results:
Ayes :
Nays:
Absent :
Motion carried.
Council Members l':abholz. Bradshaw. Wolosyn ,
Yurchick, Grazulis, Bums
None
Council Member Garrett
(i) Director Black presented a recommendauon from the Department of Parks and
Recreation to adopt a re solunon approving a contract for the re staurant concessionaire at the Englewood
Golf Course between the City of Englewood and Reif Golf. He said as Council can see in the information
that was provided, they thought the process they used was a very helpful process and a very complex
process. We had a number of people on the selection committee and at the end it was a very difficult
selection. However, we dtd se lect Reif Golf. he said, and they have qut1e a bit of experience in working
with restaurants at golf courses and, also , they have extensive experience in working with restaurants .
Director Black introduced Ron Reif, his wife Linda Reif and David Magarahan, the manager at the si te .
We have visttcd Overland. where Reif Golf currently operates the restaurant. and, Mr. Black said. I can tell
you that you will see Mr . Reif and his wife , at the restaurant quite often in addition to Mr. Magarahan .
Director Black stated the y are very pleased that Reif Golf submitted and that they were selected .
Mayor Burns conunentcd that Overland is a pretty busy place. from what he can recall from when he ha s
been out there . Director Black said that many times when you go to Overland you have to wait to be sea ted
and we would certainly hke 10 sec that at our facility .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 10 (r) (I).
RESOLUTION NO. 85 . SERIES OF 2000
A RESOLUTION APPROVING THE GOLF COURSE RESTAURA~T CONC ESSIONAIRE
AGREEMENT BETWEEN THE CITY Of ENGLEWOOD AND REIF GOLF ENTERPRISES , INC .
Ayes :
Nays :
Absent :
Motion carried.
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis, Bums
None
Council Member Garren
Mayo r Burns thanked Director Black and stated that the y look forward to the new concessionaire.
11 . Regular Agenda
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on fust reading.
(b) Approval of Ordinances on Second Reading
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There \\ere no Items submitted fo r appro\'al on econd reading .
(c) Resolutions and Mo11on
There were no add1t1onal re ol u11 on or motions submitted for appro,al. ee Agenda Item JO. Consent
Agenda .)
12 . General Discussion
(a ) Ma yor's Choice
(1) Mayor Burns said he didn"t have anything in pamcular 10 ay after their
d1 sc u s1on in Study Session. He noted he j ust wanted to remind everybody 10 s ign up for Ra1l -Volu11on .
I-l e ad\'ised that there 1s a Nanonal Convention in Denver thi s week. inc orporatin g element of rail .
tran sponat1on and economic development and we have something like 12 00 or 14 00 delega1c s conung
from all over the country who s uppon the kind of project we have here .. a tran 11 -onented developmenl.
We will be host ing seve ral events during the week and especially the soc ial event on TI1ur sda y n1gh1. he
aid . We are s upposed to have. maybe, 1200 or 1400 people around here Thur day mg ht at a reception in
th e building and out in the piazza . He commented that this wi ll give u a gre at deal of national exposure
for tlu development to these folks who co me from a ll over tl1e country. includmg some pe o ple from the
Congre s . We are looking forward to that , he said, and we would hke to thank Bob ,mpson . "ho ha s
really been the contact point for the City. He has been on the coninutt ee 10 o rganize th1 na11 onal
co nference and he has done a lot of work on it . Ma yor Bums noted that :Vl r. 1mpson has ke pi OWlCII up
10 date on the goings on and Council ,·ery much apprec 1a1e s hi s effons.
(b) Council Member's Choice
(i) Council Member . ·abholz said she wan1ed to mention the Colorado Parks and
Re creation Columbme Award, which the '.\1all ey C enter received for the crea1ion of the co mputer lab at the
Malle y Center. She stated the y s hould be applauded for that and she thanked Jerrell Black and all 1hos e
people involved.
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Ma yo r Bums advised that there 1s a year 2000 CML District Mee11ng of our District 3, at Lone Tree on
Wednesday night, a dinner meeting. He said that 1f anyone on Council wou ld like to sign up for that the y
were free 10 do so . He noted 1his happens once a year for our d1 smct. Ma yor Bums commented 1ha1 we are
also invo lved with Rail-Volution so we ma y not be able 10 make n to that. . ....
Ma yor Burns advised that we have two re sol uu ons und er Council Members C hoice . One is a re solu1 10n in
opposition to proposed Constitutional Amendment 21 on the '.'lovember 7. 2000 statewide ballo1 , which 1s
known as 1he Douglas Bruce Tax C ut Amendment.
The resolution was as signed a number and read by t11le :
RE OL TIO 1 • 0 . 86, SERJES OF 2000
A RESOLUTION OF THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO IN
OPPOSITION TO PROPOSED CONSTITUTIONAL AMENDMENT 21, OTHERWISE KNOWN AS
"TAX CUT 2000", O N THE NOVEMBER 7, 2000 STATEWIDE BALLOT.
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CO~CIL MEMBER BRADSHAW MOVED. A~D IT WAS SECONDED. TO APPROVE
RESOLUTION '."iO. 86. ERIES OF 2000.
Aye .
Nay :
Absent :
Council \-[embers ~abho\z. Bradshaw, Wo\osyn.
Yurchick, G razulis. Burns
None
Council Member Garren
Motion carried.
Mayor Burns commented that thi s amendment is very controversial, but we feel this will ha ve an extremel y
adverse affect on revenues of the City . He advised that Financial and Administrative Services Director
Gryglewtcz has prepared a paper for Council that shows we would ha ve a drop of some 22 ~o of our General
Fund Budget in four years and will accumulate , in four years. to $2 7 mil h on and our e nure budget is onl y
$35 million on a yearly basis. There would also be about a 19% drop in our Public Improvement Fun d.
We don·t have but a small compliment of special district action m thi s C ity. but the y would be adver el y
affected , as would the school and library districts . We discussed thi s at great length at the Metro ',,\ay or"
Caucus , be said, and the y ha ve come out against this proposition. Mayor Bums urged everyone to reall y
wake up as to what this proposition means , how se rious 11 is and what the adverse effects are . There 1s no
legal requirement that the le gislature make up for these loses, he said. so we urge all of you to become
informed on this item.
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Mayor Burns advised that the other one 1s a resolution in o pposi uon to the proposed Const1tut10nal
Amendment 24 on the November 7 . 2000 ballot, which is the one o n growth control ininauve .
Council Member Wolosyn stated that she has not decided how she 1s go ing to vo te o n this . She said she
doesn 't feel comfortable supponmg a reso\uuon when she doesn ·1 kno" how she is gomg to vote m
November.
Mayor Burns noted that he thought Council Member Garren had md1 cated m Study Sess ion that he wa sn ·1
in favor of it but he d1dn ·1 know whether Council should be vonng on th1 panicular item.
Council Member Bradshaw agreed there "ere some concerns about this . She said she thinks that with
everybody's frustration with traffic and everything the y are go mg to jump on this and say ··oh, good. we
can control growth." When in fact , she said. 11 would not control growth. 1t wo uld create another level of
bureaucracy, it would erode our local control and 1t 1s JUSt wrong as far as she is concerned. Ms. Bradsha"
commented that it doesn 't bother her to say that.
The resolution was assigned a number and read by title :
RESOLUTION NO . 87 , SERIES OF 2000
A RESOLUT\01' OF THE CITY OF ENGLEWOOD, COLORADO . OPPOSING STATEWIDE
BALLOT ISS UE "AMENDME T 24 " ENTITLED C ITIZEN MANAGEMENT OF GROWTH .
COUN CIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 87, SERIES OF 2000.
Mayor Burns said he wanted to comment further on this . He stated that he is also opposed to thi s, that it
sounds good on the surface and the polls indicate that there is fairly strong suppon out there for it , but 11
completel y goes around local decision making. He opined that it is a very serious matter, especially when
you put these items in the Constitution, rather than just having an initiated law that can be changed by the
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legi slature or by another simple vote. There are a lot of expectations , be said , about this in the
en vtronmental cornmunuy. but he thought there are a lot of unintended consequences that are going to
result from 1t . He atd that he understands the frustration out there. but the Metro Mayor"s Caucus and
DR COG have pa ed a contract called the Mile High Compact. which 1s an agreement. between the cttie s
m th e area con uruung most of the DRCOG population, to control growth by incorporating growth control
measures in your Comprehensive Plans, then adopting those plans . which then become law . Mayor Bums
pointed out that there are now a lot of intergovernmental agreements between municipalities on growth
control that the publi c ts not aware of and so the Metro Mayor 's Caucus wanted the public to know that
they do ba\"e a compact and 11 is an intergovernmental agreement. it is an enforceable agreement and the y
would emphasis that solution to growth control problems rather than thts statewide ballot iss ue .
Vote results:
Motion carried .
Aye s ·
Nays :
Ab sent :
13. City l\fanacer's Report
Council Members Nabhol z, Bradshaw. Yurchick. Grazuhs. Burns
Council Member Wolos yn
Council Member Garren
City Manager Sears did not ha ve an y maners to bring before Council.
14 . City Attorney's Report
City Anomey Brotzman did not have an y maners to bring before Council.
* * *. *
Council Member Grazulis advtsed that the members of the Cultural Arts Commission will select the student
artwork. for the City of Englewood 200 I calendar, this Wednesda y at 5:45 p.m .. She informed Council
that they are invited to help choose the artwork . If Council can make it o ver they are welcome, she said .
Ma yor Burns commented that the art is wonderful.
* •• *.
Council Member Nabholz advi sed that Wednesda y rught , from 6 :00 to 9 :00 p .m., the Get Out the Vote
poster drive will have a ltnle recepuon here .
15 . Adjournment
The meeting adjourned at 8 :04 p.m .
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BY AUTHORITY
ORDINANCE NO . _
SERIES OF 2000
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER ______ _
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH SOUTH METRO FIRE RESC U E ENTITLED ''MU TUAL AID/AUTOMATIC AID
AGREEMENT (FIRE) 2000·· FORM TUAL/AUTOMATIC AID FOR FIRE
PROTECTION FROM BOTH ENTITIES.
WHEREAS , as istanC'e from other fire protection age nci es provides a higher level of
protection for the City of Englewood a nd South Metro Fire Rescue; and
WHEREAS. the passage of this Ordinance will authorize entering into an
intergovernmental agreem e nt with South Metro Fire Resc ue which will provide for
mutual/automatic a id fo r fire protection for Englewood and South Metro;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . CO LORADO , AS FOLLOWS :
Sectjon l. The "Mutual Aid/Automatic Aid Agreem e nt (Fire) 2000" attached hereto
as "Attachment 1," is h er eby accepted and approved by the Englewood City Council.
Sectjon 2. The May or a nd the Director of Safety Servi ce s are authorized to execute
and the City Clerk to attest a nd seal the "Mutual Aid/Auto matic Aid Agreement (Fire)
2000" for and on behalf of the City of Englewood, Colorado.
Introduced, r ead m full , a nd passe d on first reading on the 16th day of October,
2000 .
Published as a Bill for a n Ordinance on the 20th day of October, 2000 .
Thomas J . Burns. Mayor
ATTEST:
Loucris hia A. Ellis , City Cle rk
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 fir st r e ading on the 16th day of October, 2000 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject Automatic Aid
Agreement
October 16, 2000 10 a i
INITIATED BY
Deoartment of Safetv Services I STAFF SOURCE
Kieth Lockwood, Division Chief -Fire Ooerations
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1990Council approved an ordinance(# 45-1990) authorizing the implementation of a
mutual I automatic aid agreement with South Metro Fire Rescue .
RECOMMENDED ACTION
Staff seeks Council 's approval of the Mutual / Automatic aid agreement between
Englewood and South Metro Fire Rescue .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The successful mitigation of emergency operations is dependent upon the rapid
deployment of adequate resources . To augment City resources and provide a higher
level of service to the community the use of resources from neighboring communities
has proven an effective means to accomplish this . The agreement is reciprocal in nature
and has no financial impacts to the either agency .
FINANCIAL IMPACT
NONE
LIST OF ATIACHMENTS
Mutual / Automatic Aid agreement
Exhibit "A" map
Exhibit "B" map
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Loucrishia A. Ellis
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MUTUAL A.ID / AUTOMATIC AID AGREEMENT (FIRE) 2000
THIS AGREEME:>IT, made by and between the CITY OF ENGLEWOOD,
COLORADO, a murucipa l corporation , hereinafter called "Englewood", and SOUTH
METRO FIRE RESCUE , h e reinafte r called "South :V!etr o".
WITNESSETH
WHEREAS , Englewood is a municipal corp or ation organized and existing
pursuant to Article XX of the Colorado Constitution, its Charter, its Ordinances ; its
territorial jurisdictio n generally is the legal boundaries of the City of Engle wood .
Colorado, and
WHEREAS , So uth Metro is a fire protection distr ict organized a nd eXJsting
under Part 3 , Chapter 32. of 1973 C.R.S.; and
WHEREAS , each of the parties hereto maintai n e me rg e n cy equipment : a nd
WHEREAS , emergencies m ay arise in one or the other of t h e iunsdicti on s of
the parties, res ulting in greater dem a nds than the m anpowe r and e qwpme n t of the
party can handle : or emergencies of such intensity m ay occur that they ca nnot be
handled solely by the equip ment of the party in wh ose 1uriscuct1 on the emergency
occurs; and
WHEREAS , it is to the interest of each of the parties that they m ay have
servi ce of and from the other party to aid and assist them m the purpose of fighting
fires or res ponding t o other e me rgencie s;
NOW, THEREFORE, IT IS MUTUALLY AGREED by a nd be twee n the
parties as follow s :
I. MUTUAL AID:
I. For and m co n s ideration of the promi ses of South Metro. h ereinafte r
set forth, Eng lewood agrees with South '.\'1et ro that in the event there
are emergencies in the territory served by South Metro which a r e
beyo n d the co ntrol of the fire department of South Metro, whether
becau se of use of their equipment at othe r places or beca use of the
inte n s ity of t he emergency, or otherwise, Englewood agrees , subject to
the lim ita t ion hereinafter set forth , to aid a nd assist South Metro by
caus ing and permitting its fire dep artment and its equipment to be
used in r es ponding to emergencies in the territorial area of S outh
Me tro , and the need for such aid a nd assistan ce sha ll be determ in ed
by the fire department of South JV!etr o. subject, however, to the
follow ing limitations:
Englewood shall be excused from making its equipment and services
available to South Metro in the event of t he need of the emergency
equipment a nd the manpower within the territorial area of
En glewood, or their prior use at a ny place , which decision of
availab ili ty s hall be m a de by the fire division of Englewood, and
whic h decis ion shall be co nclusive.
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2 . F or and in co nsideration of the pro mi ses of Englewood, hereinafter
set forth. South Metro agrees with Englewoo d that in the event there
are fires or other emergencies in the te rrito ry served by Englewoo d
which are beyond the control of the fire division of Englewood .
whether because of use of their equipm ent at other places or because
of the intensity of the emergency, or otherwise , South Metro agrees .
subject t o the limitations hereinafter set forth. to aid and assist
Englewood by causing and permitting South Metro equipment to be
use d in responding to emergencies in the territorial area of
Englewood, and the need for such aid and assistance shall be
determined by the fire division of Englewood , subject, however , to the
foll owing limitation:
Sou th Metro shall be excused from making its equipment or service
a vailable to Englewoo d in the event of the need of the em e rgency
equipment or need of the manpowe r within the territorial area of
South Metro , or their prior use at a ny place , which decision of
a vailability s hall be made by the fir e department of South :Vletro .
and which decision s hall be conclusive.
3 . E ac h party waives all claims and causes of action against the other
party fo r compen sation. damages . per so n ,il injury or death occurnng
a s a conseque nce . direct or indirect , of the perform ance of this
Agreeme nt.
4 . E ach party s hall be e xpected to maintain ,ts equipment and orga ni ze
its emergency res po nse method , with both manpower a nd
eq uipm e n t, to the degree necessary t o cope with the ordinary a n d
r outine emer ge ncie s arising within its bou ndaries and for which the
pa r ty i organized . Neither party s h a ll e xpect the other to re s pond to
em er gency calls where the emergency arises due t o a failure t o
organize ava ilable manpower or maintain equipment in proper
workmg orde r and in sufficient qu ant ity to meet the respective
d e ma n ds of the persons and prope rty within each of the parties·
re spective jurisdictions.
II . AUTOMATIC AID.
1. It is und e r stood and agreed that Engle wood Fire Division will
r espon d from Station #21 and/or Sta tion #23 into South Metro Fire
Rescue·s district a s part of the initial r es ponse through automa tic
di s p a t ching by South Metro dispatch ers in to the below defined areas.
DEFl:,./ED AREA-SOUTH METRO : generally bounded by Clarkson
Street on the We st, University Boule vard on the East, East
H a mpde n Avenue on the North (including the Cherry Hills Heights
subdiv is io n), a nd South Sherman Street (5400 block South) on the
South . Additionally , for fire alarm s in A and E occupancies only ,
coverage will also exte nd to an area generally bounded by University
Boule va r d on the West , East Ham pd e n Avenue on the North,
Col or ado Boulevard on the East, and Qurncy Street on the South (to
include Kent Country Day School). SEE EXHIBIT "A"
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2 . It is understood and agreed that South Metro Fire Rescue will
respond from Station #37 and/or Station #38 into Englewood's
district as part of the initial response through automatic dispatching
by Englewood's dispatchers into the below defined areas.
DEFINED AREA -ENGLEWOOD: generally extending East and
West from the East city limits to South Broadway Street, North and
South from Dartmouth Avenue to Bellenew Avenue .
SEE EXHIBIT "B"
III. OTHER PROVISIONS:
1. Either party hereto may terminate this contract without cause upon
thirty (30) days prior written notice to the other .
2 .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
this __ day of 2000.
SOUTH METRO FCRE RESCUE
By:-----------
President Fire District Board
By: --------------
Chief, Fire Depart ment
ATTEST :
By : ------------
CITY OF ENGLEWOOD
By : __________ _
Thomas J . Bums, Mayor
By : __________ _
Chns Olson
Director Safety Services
By :. __________ _
Loucrishia A. Ellis
City Clerk
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ORDINANCE NO ._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 81
INTROD UCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5 . SECTION 2, SUBSECTION 9 ,
OF THE ENGLEWOOD MUNICIPAL CODE 2000 , REGARDING OATHS .
WHEREAS, the Englewood Municip al Code does not h ave an express provision
which specifically addresses the Engl ewood City Clerk's a uthority to administer oaths;
and
WHEREAS , the passage of this Ordinance will clarify the Englewood City Clerk's
power to administer oaths a t Englew ood City Co uncil Mee tings:
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon J. The City Council of the City of Engle wood . Co lorado hereby amends Title
1, Chapter 5 , Section 2. Subsection 9 , by the addition of a new paragraph D , of the
Englewood Municipal Code 2000, to read as follow s :
1-6-H(Dl: Oaths an.d Affirmations at Pribl ic Heari ,u1s Befo re Council .
The City Clerk and Deputy Citv Clerks s hall have the powe r to administer oaths and
affirmations to persons giving testimony before City Co uncil at public hearings .
Introduced , read in full. and passed on first reading on the 16th day of October,
2000 .
Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood . Colorado , hereby certify
that the above and foregoing is a true copy of a Bill for a n Ordinance, introduced, read
in full , and passed on first reading on the 16th day of October. 2000 .
Loucrishia A. Ellis
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Date
October 16, 2000
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COUNCIL COMMUNICATION
Agenda Item
10 a ii
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Subject
City Clerk's power to administer
oaths at City Council meetings .
INmATED BY STAFF SOURCE
Finance and Administrative Services, City Clerk's Frank Gryglewicz , Director of Finance and
Office Administrative Services
Loucrishia A. Ellis. City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has not, previously, taken action on this issue.
RECOMMENDED ACTION
The City Clerk's Office recommends City Council approve this bill for an ordinance
clarifying the City Clerk's power to administer oaths at City Council Meetings .
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
There is no provision in our Code specifically addressing the City Clerk's authority to
administer oaths.
FINANCIAL IMPACT
None
UST OF ATTACHMENTS
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ORD! ANCE NO ._
SERIES OF 2000
BY AUTHORITY
A BILL FOR
JOtJ.ii i
COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MElvIBER ______ _
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6C: TITLE 3 . CHAPTER 5 ;
TITLE 3 , CHAPTER 6 ; TITLE 7, CHAPTER 7 ; TITLE 8 . CHAPTER 38 ; TITLE 8 .
CHAPTER 5, SECTIONS 9 AND 13 ; TITLE 11 , CHAPTER 3C; TITLE 16, CHAPTER
2 ; TITLE 16, CHAPTER 4 ; AND TITLE 16 , CHAPTER 5 OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO CORRECTIONS OF CODIFICATION.
WHEREAS , the Englewood City Council adopte d the r e codification ofthe Englewood
Municipal Code 2000 with the passage of Ordinance No. 3 7, Series 2000 ; and
WHEREAS , during a review of the r e codification , cert ai n e rrors and omissions we re
found in the Code which were substantive in nature ; and
WHEREAS , the p assage of this Ordinance wtll clanfy the wording in the e xi sting
Code ;
NOW , THEREFORE , BE IT ORDAINED BY TH E !TY . CNC IL OF THE CITY OF
ENGLEWOOD , CO LORADO. AS FOLLOWS:
Sectjon 1. The City Council of the City of Engle wood . Colorado hereby amends Title
1, Chapter 6(C), Section 1, of the Englewood Municip al ode 2000 , to read as follows:
l-6C-l: General Responsibilities :
The Department of Community Development shall be respon si ble for the formulati on ,
administration and implementation of all planning . ennr onmental, housing , h ea lth ,
sanitation and rede v e lopment programs within the Cit y a nd shall enforce codes
relating to said programs; shall assist the City Planning and Zoning Commiss ion m
preparation of the ~ Co mprehe nsi~ Plan for the physical, social and economic
development of the C ity; shall inspect subdivision plats for compliance with the
Subdivision Code ; and shall assist the Board of Adjustment and Appeals by provid in g
information and reco mme nd a tions on matters consider e d by said Board .
Section 2. The City Council of the City of Englewood , Co lorado hereby amend Title
3. Chapter 5 , Se ction s 3 , 4 a nd 5 , of the Englewood Municipal Code 2000. to read a
fo llow s:
3-5-3: RETIREMENT BENEFITS :
An) pe"ltee effieer in ee, e,ed emple) ment .. it:h the Cit) prie, te April. 8 , 1978, and
wlie has attained the a@:e ef Etft) Ei,e E66 ) ,ears and ha s t .. en~ (29) er mere )ears ef
eretlited ser ,iee ,nth the Engle, eed Pehee Bil'i@isn , er a mem.her nhe h.aa t.uent,
Eiv e (25~ ,ear8 e, n,sre sfe1eMt Aith saiel Kuglec.eed P6Hee Dil'isien. regardless ef
age , shall he elig,ble te 1eeei,e a !et .tee 1ethe111ent pen8isn haa,eel en tihe pehee
e£fieer '8 fi1tal 1,a ~e ~8), alle .. i11r; l:n e and ene half pe,eent El!'/,;") fer eaeh efthe mst
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Gende r 16 -2-1 · CD16 :8 Remove the word A. Stop Orders . Whenever the use of
words A "his" property or the construction of any
build ing or structure is contrary to the
prov isions of this Ordinance . the City
Manager or Ai& designee may order the
use of the property or the construction to
be stopped by serving notice in writ ing on
any person , firm or corporation engaged
in using said property or in do ing or
causing such work to be done , or by
posting such not ice in a conspicuous
place on sa id property when no such
person , firm or corporation can be served
in the aforesaid manner. No overs ight or
dereliction or error on the part of the City
Manager or Ai& des ignee sha ll lega li ze ,
authorize , or excuse the v iolat ion of any of
the provisions of th is Ordinance .
Signs 16-4-19-CD16 : Change "the" to E. Assessment. If the full amount of the
14-E 134 "that" and remove statement relat ing to sign removal for
"of". realty is not pa id with in sixty (60) days, the
City Manager shall direct IAe that an
assessment et be made of the entire
amount of the statement plus an
add itional twenty-five percent (25 %)
penalty against the specified realty. After
assessment, a copy shall be sent to each
owner of record of the assessed realty .
The assessment shall contain a legal
description of the premises, the expenses
and costs incurred . and the date of s ign
removal , and a not ice that the City cla ims
a lien for this amount. The City shall
certify such assessment to the County
Treasurer who shall collect such
assessment in the same manner as ad
valorem taxes are collected .
Landfill 16 -5-18-CD16 : Insert the word 4 . All comments and recommendations
si tes A-4 157 "City" shall be presented to the ~ for review
and decision as per subsections B and C • herein .
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Moving of 8-5-9 CD8 :21 Change The time of movement of a structure shall
structures "thorough" to be approved by the City , and if the
"through". structure is to be moved over a State
highway, or~ Jblmmtl.another
jurisdiction , the time of such move sha ll be
coordinated with the State and/or the
affected jurisdiction . The structure moving
permit shall become null and vo id unless
the move is completed within the specified
time approved on the permit ; provided ,
however, that the City may eKtend the
time period of the move for forty-e ight (48 )
hours after consulting with the appropriate
agenc ies when the original time for the
move is rendered impractical d ue to
inclement weather. strikes or other causes
bevond the control of the structure mover .
Moving of 8-5-13 CD8 :22 Change "it deems" The City Manager or designee may
structures to "deemed". impose any requ irements or restrict ions
on the structure moved il-4eeAI& ~
necessary to protect C ity property ; the
health , safety and welfa re of its citizens
and the people who use its roads . The
costs associated with addressing these
requirements and restrictions shall be
borne bv the structure mover. 0
Permit 1t -3C· C011:34 The word "City B . Applicant may file with the ~ written
Fees 3-B was omitted ." evidence of a contract between each
applicant and a reputable paving firm
showing that such firm will finally
resurface all excavation according to City
specifications after having been properly
backfilled by the permittee . A charge of
six dollars ($6.00) shall be made for each
such permit issued. A two-dollar ($2 .00 )
billing fee shall be charged for each
indiv idual statement reauested .
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Fire 3-6-1-3 CD3:45 The changes 3-6-1-3 Retirement benef its and
Retirem ent 3-6-1-4 CD3:46 made by qualifications for those beneMs shall be
Pla n Ordinance 49 of provided in a separate plan wh ich shall be
1999 were not adopted by ord inance .
reflected in a later
ordinance (10 of 3-6-1-4 (Leaving Service Prior to
2000) in which the El igibility) was deleted.
cite numbers were The current word ing in the Code under 3-changed . 6-1-5 is correct and will be renumbered
3-6-1-4 .
Gender 7-7-6-C CD7 :44 Remove the word C . Upon filing the approval plat
words "his" designating the necessary fire lanes and
widths thereon with the City, as provided
herein, the City Manager or Ri&-designee
shall forthwith deli ve r a copy of the same
to the owne r, ope rator, tenant or lessee in
possess ion of sa id private property with
wntten notice , and order to proceed to
make and post sa id fire lanes in
conformance wit h the Manual and
Specif icat ions of the State Department of
H ighways. W ith in forty-five (45) days after
notice , or such addit ional t ime as not to
exceed torty-five (45) additional days , the 0
owner , operator, tenant or lessee in
possess ion shall complete the necessary
markina and sian ina as reauired herein .
Swimming 8-3B -2 CD8 :16 Various changes There is hereby adopted , by reference
pools thereto , the Colorado State Department of
Health Swimm ing Pool Regu lations and
Standards and Append ix , dated
September 30. 1993 , publ ished by the
Colorado State Department of Health ,
Div ision of Engineering and Sanitation ,
4210 East 11 '" Avenue , Denver. Colorado,
80220 . with the same force and effect as if
the same were fully set forth here in . Net
le&& 11:iaA IRFH (31 li&pia& Ope Cl) copy of
the above described Code shall be
certif ied to be A true aepie& copy of said
• Code by the Mayor and the Clerk and filed
in the off ice of the Clerk at least fifteen
(15 ) days prior to publ ic hearing and
subject to public inspection at all t imes
wh ile said Code is in full force and effect.
::i:11a ~lal'k &Rall -iA&aiA al all tiA'la&
AJa&aAalille aapiaa at 111 C:888 atitailalilla
lliF PWAIRa&ll 11!,' IRa pwlllili al Ii Alli&liAallle
!*i&II -The Clerk shall maintain a copy of
the Standards available for inspection
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Memorandum
To: Lou Ellis , City Clerk
From: Brenda Castle, Deputy City Clerk
Date: October 5, 2000
Subject: EMC 2000 -Clean-up Ordinance
The following substantive errors should be included in the clean up ordinance :
Subject Title Page Error Text as it should read
Chapter No.
Section
General 1-6C-1 CD1 :21 Change "Master" The Department of Community
Responsibil to Development shall be responsible for the
-ities "Comprehensive· formulation, administration and
implementation of all planning .
environmental , hous ing , health , sanitat ion
and redevelopment programs within the
City and shall enforce codes relating to
said programs; shall assist the City
Planning and Zoning Commission in
preparation of the ~ Comprahensjye
Plan for the physical, social and economic
development of the City: shall inspect
subdivision plats for compliance with the
Subdivision Code; and shall assist the
Board of Adjustment and Appeals by
providing information and
recommendations on matters considered
• by said Board .
Police 3.5.3 CD3:42 The changes 3-5-3 Retirement benefits and
Ret irement 3.5.4 made by qualifications for those benefits shall be
Plan Ordinance 48 of provided in a separate plan which shall be
1999 were not adopted by ordinance.
reflected in a later
ordinance (10 of 3-5-4 (Leaving Service Prior to Eligibility)
2000) in which the was deleted .
cite numbers were
changed . The current wording in the Code under 3-
5-5 is correct and will be renumbered 3-5-
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COUNCIL COMMUNICATION
Date Agenda Item
October 16 , 2000 10 a iii
Subject
Amendments to Englewood
Municipal Code 2000
INmATEDBY STAFF SOURCE
Finance and Administrative Services, City Clerk's Frank Gryglewicz , Director of Finance and
Office Administrative Services
Loucrishia A. Ellis , City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On June 5, 2000 City Council approved Ordinance No . 37 , Series of 2000 , wh ich adopted the
recodification of the Englewood Municipal Code 2000.
RECOMMENDED ACTION
The City Clerk's Office recommends City Council approve this bill for an ordinance amending various
sections of the Englewood Municipal Code 2000 . These changes are considered housekeeping in
nature .
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The proposed amendments were identified through the process of proofing the first supplement to EMC
2000 .
FINANCIAL IMPACT
Funds are budgeted and available .
LIST OF ATTACHMENTS
Memo detailing substantive Code changes
Proposed bill for an ordinance
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~ ei,ey (29), ears ef 8eer e9citeel serYiee , pltts ei,e pe1 eei,t (1%) fer e11eh 111flhtiel'l8l, e8r
ef11eereelit.eel !lel"tiee, te 8 lft8 .ttmttm efsi:,rt, fi,e pe1eei,t (6 MG). C11lettl11tii,g the 1'11ae
1111, 111e11i,11 the 11,eu1r;e s11la1, reeei,eel 11a 11111e111l,er efsa11f E>epartmei,t fer ei,e ,ear
hefere grai,ting s111el pei,siel'l . Pei,sien 1111, menta 11h111l l,e 11111ele m e11t111J menthl,
iflstaHmentll te the meml,er.
Retirement benefits and aualificatjons for those benefits s hall be provided in a
separate plan which shall be adopted by ordinance.
3 5 4. l:i.St..VUJG SERVICE PBl8R TO Ebl61Blb1TY.
Shettle! 111'1' peliee effieer ii, ee,ereel empleyment .. itfl the Ciey prier te hpril 8. 19i8,
"he lea, es the aer • iee e f the Ciey prier t,e l,eeemtng ehg1ble te reeei, e II pei,aiel'l . fer al'l.,
relll!!ll'l ether thai, eleath . ai,el saiel meml,er h1111 less thatt 11. e (Ii), eare ef ereel1teel
serYiee at termiflatien , he shall l,e ei,titleel t,e II refttnel e f !tie tetal eei,triht1t1ei, .. ithettt
ii,terest, er if saiel meml,er hae fi, e (ii) er mere , e11rs ef ere elite el sef'Y!ee at ter111il'l11t1el'l .
saiel effieer 11111, eleet either.
~ Te reeei,e elefer1eel 111e11thl, hel'leEita p11,11hle l,er;1nntl'lg at age lift, Ei,e (iiii)
h1111eel t1p11i, the meml,er's fimtl hase 1111,, 11He .. il'lg toe ai,el ene halfpereei,t
(liW,;14) fer eaeh ef the Eirat t:¥. el'lt, (29) , eare ef aee, eeliieel 11el"t'iee pltts ei,e
pereel'lt (1 %) Hit eaeh aelelit1ei,al ,e11r 11f11ee'l'eeliteel sel'"<iee t,e a ma.ffl!!ttm ef
s111t, Ii, e pe1 eel'lt (66%) ef l,1111e pa,, er
Be Reeei, e 11 1 eftti,el ef his t>etal e11i,trih1:1ti11ne ., id, inte, ea t , if lll'l), thereen , 1111 ma,
l,e eleeermii,eel 1,, the Beare! ef Tr1:111tee11 ef 1111iel Fttnel .
W. ~: POLICE PENSION FUND:
In lieu of the provisions of Title 31 , Article 30, Section 312. C.R.S., 1973, the Board
of Trustees of the Policemen's Pension Fund of this Municipality shall be governed
by the following provisions :
The Board of Trustees of the Policemen's Pension Fund in this Municipality shall
have power to dra w o n uch P e nsion Fund, from the treasurer of the Policemen's
Pension Fund, and m ay inves t the sam e , or any part thereof. in the name of the
Boa rd of Trustee of the P olicem e n ' P ension Fund, in a ny security, bond , debenture ,
co rporate obligation . tock. preferred or common, securtties of any open-end or closed -
e nd management-type inve&tment company or investment trust and participation s
in common trust fund , to the extent that such inves tm e n ts would be authorized
investments by fiduciaries w ithin this State as set forth m Title 15, Article 1, Part 3 ,
C .R.S .. 1973, or a ny ub e que nt amendment thereto, pro,·iding that said Board
s hall at all times h old foced income o bligations having a book value or cost of not le ss
than slltty percent (60%) of the total contributions made t o s aid Policemen's P e nsion
Fund , le ss the amo unts paid out. All securities invested s ha ll be deposited with the
Treas urer of the City. as e x officio treasurer of the Boa rd of Trustees of the
Policemen's Pens ion Fund. and subject to the order of said Board.
Section 3. The 1ty Co uncil of the City of Englewood, Co lorado hereby amends Title
3, Chapter 6 , Section 1, Subsections 3 , 4 and 5 , of the Englewood Municipal Code
2000, to read as foll ows :
3-6-1-3: RETIREMENT BENEFITS:
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;\:e) fuef:ir;hter .. h e has a ttsirtea the ftge ef ftft, (68) ) eftrs ,u,a hfts t .. ent, (28) er
mere ) elH's ef ere ti:itee se t , te e shftH be el,igil,le t,e reeei, e s s er ,i,ee retirement pensiel'I
eased en the em pie , ee's fi,u,l liftse pa). ftHe"' iftg t .. e ftue erte half pereent (2*M') fer
e seh ef the first t .. ertt, (28 )) elH's ef er eriiteri ser,. iee , Ill tts erte pereent (1%) fer eseh
ftriait1ena:i ,eftr ef erea1tee se, ,iee, te ft m<tffllffll e fst!tt) fi,e pereent (66%).
Cslettlatinr; the ease J!fl) meftns the ftme'tlnt ef his/her 1n e r,thl, salar, ftS ef the date
ef his/her retifoem e nt. Pe1,sien pft,ments sha:111,e mftrie tn eq'tlft! menthl.,
instftllments te the member .
Retirement benefits and qualifications for thos e bene fi ts s h a ll be provided in a
separate plan which shall be adopted by ordinance.
3-6-l-f: LEtWINC SER•,qcE PRIOR 'FO ELICI8lb1TV.
Shettle ftn, phm 11,eml,e 1 hit e el prier te .\pril 8 . 19i8. le ti, e the sel'¥iee ef the Cit,
prier te beeeminr; eligil,le te , eeei. e ft pertt!ien J'ftJ tible f, em ihe Firef:ir;hters' Pensien
F-ri . fer an, ressen ether than ae,tth . anti slliri membe r hfts less th8n fi,e (6) )esrs
ef ereaitea sel'¥iee ftt termiflatien, said fit:efighter shsll be el'ltitleri t,e ft refttnri ef
his/her aeelffl!ttlfttea eentrib'tlb6n t,e the Engle .. 666 Firefighters' Pertt!iel'I Fttnri . The
term fteettmttlsteri eentrilit1ti6ns shftll mean the sttm ef s siri firefighter@ ' e6ntril,t1tie n
te the Fifoefighters' Pensien Fttna t.er;ether .. ith interest, if sn,, t .here6n . ae ms, 1,e
i!eterminea 1,, the Fi1 efighte, s ' Pensiel'I 8eftrri .
l·h1tia fuefighter hfts fi,e (6) er mere )eftre efereaiteEI se r,iee at termi1tat1en , the
fifoefir;hter ma, eleet either .
A,-Deferred m e rttl-.1) be rt e fit p!!) ftble beginning tH tig e hft) (68) l,aseri 11p6n the
member's !irn,l liase Jlft), aHe .. inr; t'Vle and ene hslf pe reent (2¥19') fer eaeh ef
the ttrett .. en~ (28) ) ears ef e1 eaitea sel'¥iee pltt s ene pereent (19 ') fer eaeh
ftftftitienal ) eftr t e a Hlft .timttm efeille, fi, e pe1 eertt (669') 6f l,119e pa), er
B,. Reeei,e II refttnri ef his/her 11eet1mttl11tea eentribttuens as set ettt 111,e, e .
3-6-1-& 3-6-1-4: VOLUNTEER FIREFIGHTERS PENSION FUND :
A. There is h e r e by cr eat e d a special fund to be k n ow n as the Volunteer
Firefighters Pens ion Fund for the purpose of paying s tatutory benefits to
volunteer fire fighte r s under conditions a s prov ided by Title 31 , Article 30, Part
4 , C .R .S ., 197 3 .
8. Benefits for a ll vo luntee r firefighters retired befo re December 31 , 1974 , shall be
expended from funds r e ceived from the State in the a nnual allotment provide d
in Title 31 , Article 30 , Part 4 , C .R .S., 1973.
C. Beginning J a nua ry 1, 1975, the C ity shall m a k e co ntributions to the Volunteer
Firefighters Pens ion Fund as d e termined n ecessary to annually fund the
pension b e n e fi t accumulations of the voluntee r s. Th e contribution shall be
based on an actua ri a l s tudy to be done at le a s t every three (3 ) years . Pension
benefits to voluntee r s r e tiring afte r January 1, 19i5 , will be paid from these
contributions .
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Sectjon 4. The City Co uncil of the City of Engle wood , Co lorado h ereby a m e nd s T itle
7, Chapter 7 , Secti on 6(C), of t h e Englewood Munici p al Code 2000. to r ead as follow s :
7-7-6(C): U pon filin g the ap proval plat designating the n ecessary fire lanes a nd
widths thereon with the City , as prO'l,;de d h e r e in. the City Manager or ft¥.!
de s i gnee shall forthwith deliver a copy of th e same to the owner.
operator , t e nant or le ssee in possession of said private property with
writte n n otice , and order to proceed to m ake and p ost said fire lanes in
conformance with the manual and Specification s of the State Departme nt
of Highways . Within forty-five (4 5) days afte r notice. or such additional
time as n ot to e xcee d forth-five (4 5) additional days, the owner. operator.
tenant or lessee in posse ion shall complete the necessary m a rking a n d
signi1.1g a s r eq uire d h e r e in .
Sectjon 5. Th e ity Co uncil of the City of Engl e wood , Co lorado h e r eby ame nds Title
8 , Chapter 3(B), S ct1 on 2, of the Engle wood Municipal Code 2000, to r ead as foll ows :
8-38-2: Colorado State Department of Health Swinuning Pool Regulations
and Standard s Adopted .
There is hereby adopte d , by re fe rence thereto, the Col orado State Department of
Health Swimming P ool Regulations a nd Standards and Appe ndix , dated Septe mbe r
30, 1993, publis h e d by the Colo r a do State Departme nt of Health , Divisio n of
Engineering and a m tat1on , 4210 E ast ll'b Avenue, De nve r , Colorado 80220. with
the same force and effe ct as if the same were fully set fo rth herein. Net leee 1.h11n !;Mee
(3) eepie!l 2!1tQl....£2.R.:'. of the above des cribed Code s h a ll be certified to be ~ true
eepie& ~ of said Cod e by the Mayor and the Clerk a nd fil ed in the office of t h e Cle r k
at le ast fifteen (15) days p r ior to public hearing and s ubject to public ins p ect io n at all
times while said Code is in full force a nd effect. The C lerlt s mttl maintain at all tim es
re8!lanal,le eepiee af the Ge lle a, ailable fer pmehase I,~ the p1thlte at reasanal,le pri ee .
The Clerk shall m ain t a m a co py of the 6tan!l11:Pd8 ~ available for inspection during
regular business h ours.
Sectjon 6. The Ci ty Co uncil of the City of Engle wood , Co lorado hereby amend s Title
8, Chapter 5 , Section 9 . of the Engle woo d Municipal Code 2000 . to r ead as foll ow s:
8-5-9: Time of Moveme nt. The tim e of move m e nt of a tructure s hall b e app r oved
by the City, a nd if the truct u r e is t o b m oved ove r a State highway , or thera1tr;h
~ another jurisdictJon , the tim e of s uch m ove s h all be coordinated with the State
a nd/or the affected juri di cti on . The s tructure m oving permit s hall become null and
void unless the m ove 1s co mpleted wi t hin the s pecifie d t ime approved on the permit:
provided, howeve r , that the Ci ty m ay e xtend the time pe r iod of the move for forty-eight
(48) hours after consulting with the a ppropriate age n cies when the original time for t he
move is rendered impractical due to inclement weather, s trikes or other causes beyo nd
the control of the structure mover.
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Section 7. The City Co uncil of the City of Englewood. Co lorado hereby amends Title
8 , Chapter 5 , Sect io n 13. of the Englewood Municipal Co d e 2000 , to read as follow s:
8-5-13 : Transport Permit Operating Requirements and Restrictions.
The City Manage r or d esignee may impose any require ments or restrictions on the
s tructure mover~ dee med necessary to protect City property; the health, safety
and welfare of its citizens and the people who use its roads . The costs associated with
addressing these r e quirements and restrictions shall be borne by the structure mover .
Section 8. The City Co uncil of the City of Englewood , Colorado hereby amends Title
11 , Chapter 3C , Section 3(B), of the Englewood Municipal Code 2000 , to read as
follows :
ll-3C-3(B): Applicant may file with the City writte n evi dence of a contract between
ea ch applicant and a r e putable paving firm showing tha t . uch firm will finally
resurface all excava tion according to City specifications af ter having been properly
backfilled by the pe rmittee. A charge of six dollars ($6.00) s hall be made for each s uch
permit issued . A two-d ollar ($2.00) billing fee shall be ch a rged for each individual
statement reques t e d.
All fees shall be d oubl ed for starting work without a pe rmit.
Section 9. The Cn y Co uncil of the City of Englewoo d . Co lorado hereby amends T itle
16 , Chapter 2, Section l (A), of the Englewood Municip a l Co de 2000, to read a s follow
16-2-l(A): Enforcement.
A. Stop Orders . Wh enever the use of property or the co nstruction of any building or
structure is co ntrary t o the provisions of this Ord m a nce , the City Manager or ms
designee may ord e r the use of the property or the co nstruction to be stopped by
serving notice in writing on any person, firm or co rporation engaged l.ll using s aid
property or in doing or causing such work to be do ne , or by posting such notice in
a conspicuou s place on s aid property when no su ch pe r son , firm or corporation
can be served in the aforesaid manner. No ove r s ight or derehct1on or error on the
part of the City Manager or~esignee shall legalize, authonze , or excuse the
violation of any of the provisions of this Ordina n ce.
Section 10 . The City Co uncil of the City of Engle wood , Co lorado h e reby amends
Title 16 , Chapter 4, Section 19, Subsection 14(E), of the Englewood Municipal Code
2000 , to read as follows :
16-4-19-14(E): A s sess ment. If the full amount of the stat ement relating to sign
removal for realty is n ot paid within sixty (60) day s, the City Manager shall direct~
1hfil an assessment ef be made of the entire amount of the statement plus an
additional twenty-five p r ce nt (25 %) penalty agamst the s pecified realty . After
assessment. a co py s h a ll be se nt to each owner of r eco rd of the assessed realty. The
a ssessment shall co nt.am a le gal d esc ription of the pre m ises, the expenses and cost s
mcurred , and the d ate of s ign remova l. a nd a notice th at t he City claims a lien for this
amount. The City s hall ce rtify such assessment t o the Co unty Treasurer wh o s h a ll
collect such asse ssme nt in the same ma nner as ad va lor e m taxes are collected .
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Section 11. The City Council oftbe City of Englewood . Colorado hereby amends
Title 16, Chapter 5, Section 18(A), Subsection 4, of the Englewood Municipal Code
2000, to read as follows:
16-5-lS(A)-4: All comments and recommendations shall be presented to the Citv for
review and decision as per subsections B and C herein .
Section 12 . Safety C)auses The City Council. here by 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 relaoon t.o the proper legislative
object sought to be obtained.
Section 13 . Severabj)jtv. If any clause, sente n ce. 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 mvalid . such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application t o
other persons or circumstances.
Sect.jon 14. lnconsjst.ent Ordjnances All other Ordinances or portions the r eof
inconsistent or conflicting with this Ordinance or a ny portion hereof are hereby
repealed to the extent of s uch inconsistency or conflict.
Sec;tjon 15 . Effect of repeal or modjfication The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not relea se,
extinguish, alter. modify , or change in whole or in part any penalty, forfei.ture . or
liability, either civil or c runinal, 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 acti on s , suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture. or liability, as well a s for
the purpose of sustaining any judgment, decree , or order which can or may be
r e ndered, entered. or made in such actions, suits, proceedings, or prosecutions.
Sectjon 15. ~. The Penalty Provision of E .M.C . Section 1-4-1 shall apply to
e a ch and every v10lation of this Ordinance.
Introduced, r ead in full , and passed on first reading on the 16th day of October
2000 .
Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Thomas J . Burns, Mayor
AITEST:
Loucnshia A . Ellis, City Clerk
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify
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 16th day of October, 2000 .
Loucrishia A. Ellis
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BY A UTHORITY
ORDINANCE NO ._
SERIES OF 2000
COUNCIL BILL NO. i8
INTRODUCED BY CO NCIL
ME\1BER ______ _
A BILL FOR
AN ORDINANCE AMENDI'.'!G TITLE 11, CHAPTER I. SECTION 1. OF THE
ENGLEWOOD ~I 'N IC I PAL CODE 2000 BY THE ADDITION OF TWO NEW
SUBSECTIONS 5 A:,.JD 6. RELATING TO MINIMUM STANDARDS FOR
COMMERCIAL VEHICLES .
WHEREAS, the City has previously a dopted the l\fodel Traffic Code for Colorado
Muruc1palit1es . 19% Edmon : and
WHEREAS , clarification 1s needed to allow the City to e nforce the minimum
standards for co mmercial vehicles on City streets as we ll as State highways :
NOW , THEREFORE . BE IT O RDAI NED BY THE CITY O ''.\!CIL OF THE CI TY OF
ENGLEWOOD . CO LORADO. AS F OLLOWS :
Sectjon 1. Th e City Cou n cil of the City of Engle wood. olorado hereby amends Title
11 , Chapter 1, Section l (B), of the Englewood Mumc1pal Co de 2000 , by the addition of
two new Subsections 5 a nd 6 . and renumbering the remauung subsections accordingly.
to read as follow s:
ll·l-1: ADOPTlO. OF CO DE :
A. Pursuant t o ection 44. article V of the Englewood Home Rule Charter, and
title 31 , article 16 , parts 1 and 2. C .R .S. 1973. as amended, there is hereby
adopted by re fere n ce a rticles I a nd II , inclusive of the 1995 Edition of the
"Model Traffic Code for Colorado Municipalities ". promulgated and published
as such by the Colorado Department of Transportation . 4201 E . Arkansas
Avenue . Denver. Colorado 80222. The subject matter of the Model Traffic Code
relates pnma nly to co mprehens ive traffic-control regulations for the City . The
purpose of this hapter and the code adopted h e rern is to provide a system of
traffic regul ation co n s is tent with State law a nd ge n erally conforming to similar
regulations thro ugho ut the State a nd Nation . Th, ee (3) eep1es A copv of the
B.
Model Traffic Code adopted h e r e m 8t'e ~now filed in the office of the City Clerk
of the City a nd may be inspecte d during regula r business hours.
The 1995 Ed1t10n of the Model Traffic Code is ado pte d as if set out at length.
except for the fo ll owmg parts a nd sections of arucle I which are declared to be
inapplicable to this .Municipality and are therefore e xpressly deleted or
amended:
1. Penaltv A sessm e nts-The City does not use pe nalty assessments for
traffic ~-iola u o n s and therefore all references to penalty assessments and
procedu r es dealmg with penalty assessments many article or section are
expressly deleted .
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2. Part 1, section 106 is amended to read as follows:
Re stricted Use Of Streets
(1) Th e use of ce rt.am streets a nd roadways by motor-driven cycles.
trucks or other co mmercial vehi cles. bi cycles . motorized bicycles
and hor se -drawn veh icle s or other nonmotorized traffic shall be
r est ri ct ed or prohi bited when authonzed by the Traffic Engineer
and wh en official s igns givmg noti ce thereof are erected.
(2) For th e purpose of road construct 10 11 and maintenance any street
or portion thereof may, by action of this :\1 urucipality or by
agreement with other concerned road a ge nces , be temporarily
closed to through traffic or to a ll velucula r traffic during the work
proJect . and the traffic affected shall b" guided alo ng appropnate
detours or alternative r o utes by offi c,a l t r affic co ntrol devi ces .
(3) Wh en signs are so erected gwmg nou c~ of restn cu on or
prohib iti ons upon the use of s treetR . n<> pe r so n s ha" disobey the
direction s or instructions tated on such s ign .
(4) The p r ovi sions of s ubsectio n (I ) shall not b co n trued t o prolub1t
the dnvc rs of any excluded ,·elucl es fr om traveling over s uch
re tricte d or prohibited str eets. oth r ha n co ntrolled-access
r oa dw ays, for the purpose of d eli,·en nii or picking up matenals or
mer chand ise or r eaching their d e un:mon. wlu ch occ ur on these
pa rticular treets. provided such exclu l d ve hicl es e nte r s uch
streets at the mte r ection nearest th lest1 n at1on of the ve hicl e
and procee d the r eo n no farther th a n th e neare s t mtersect1on
thereafter.
3. Part 2. secti on 203 Un safe Vehicle · pot I nspectJOns 1s deleted .
4. Part 2 , section 227(3)(b) Tinted Wind ows 1s deleted .
J;i . Section 2 35 /2\ of the Mode l Traffic Code fo r Co lorado m unicmalines 1s
herebv amended to read no person or own e r or lessor or other e ntit,·
having authontv over the use and operation of a co mmercial vehicle, s hall
operate or allow the operat10n of a co mm e rcial ve hicle as defined in
Subsection (]\of this Se ction on any pubhc hi ghway of this State qr_Q1y
unless s uch ,·e h1cle is in co mpliance with the Rules and Regulations
adopted bv the Department pursuant to Sub sec tion (4) of this Secuon.
g. TI!L~e bv incorporates by reference the Department of Public
Safety Rule s a nd Regulations Concerning :\1immum Standards for the
Operat10n of Co mmercial Vehicles as adopted (8 C .C.R. 1507-1} or as
same s hall be nme nded which mcorporates the Code of Federal
Regul ation s Tttle 49. P arts 200 to 399 n~ re,·1s ed as of October I 19.fil!,
or as sa me shall be ame nd ed .
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6-J. P art 2 . s ec ti on 236(8) Child Restraint Syst e m s (regarding fine ) 1s d e leted .
& §. P a rt 5 . sect ion 5 10(l )(b) Pe rmits for Excess S ize and Weight a nd fo r
Ma nufacture d H omes is a m e nded to rea d as fo llows :
(l )(b ) T he a pplication for any permit s h all s pecifically descr i be the
"e hicles and load to be opera t e d or moved a nd the particular
h ighways for which the permit t o ope rate is requested . a nd
whe the r such permit is for a s m gle trip , a special. or a n
a nnua l operation, and the time of s uch movement. All loc al
pe rmits shall be issued at the di s cretion of the local a uthority
throu gh its Traffic Engineer or designee .
.;. ~-Part 5 , s e ct ion 5 10(9)(b) Pe rmits for Excess Size and Wei gh t a nd fo r
Manufa cture d Homes is a mended to r ead as fo ll ow s:
(9)(b ) This :'vlunicip alit y with r egar d to a loca l p e rm it m ay . through
its Tra ffic Engi n eer or des1gn ee . revo ke . s u s pe nd . refu se t o
r e n e w. or refuse to issue a ny pe r m ll a utbonzed by tJu s
section upon a finding that the ho lde r of the pe rm it h a
viola t e d the provisions of this sect 10 n . any ordin a n ce or
r esolution of t lus Municipa lit y , or a ny s tanda rds or rule s or
regul a t10n promulgated purs ua n t to t his s ecti on .
& lQ. Part 5, s ection 5 11 Permit Standards is de le t e d .
9 U . Part A , sectio n 6 04 (l )(c)(l) Steady Red l n d icat,on is amended to r ea d as
follow s :
(I) Ve h ic ular traffic fa cing a s teady circul a r red s ignal alone s hall
s t op a t a clearly marked stop line but, if none, before entering the
cross wa lk on the n e ar side of the inte r s e ction or. if none. then
before e ntering the intersection a nd s h a ll remain standing until
an indication to proceed is shown: e xce pt that:
(A) Such vehicular traffic, after co mrng t.o a stop and yielding
the right-of-way to pe des tria n s la wfully within an adjacent
cr osswalk a nd to other tra ffi c la wfully u s ing the
in te r s ection , may make a ri ght tu rn. unless state or local
r oad author ities within the ir r espective 1ur1sdiction s h ave
prohibited a n y s uch right turn and h a ve e rected an offic ial
s ign at each intersection whe re s uch right turn is
prohibited ;
(B) Such vehicular traffic, whe n p r oceeding on a one-way street
a nd a fter coming to a stop . m ay make a left turn onto a
on e-way street upon which traffic is moving to the left of the
dri ve r. Such turn shall be made only after yielding the right-
of-way to pedestrians and othe r t raffic proce ding as
directed. No turn shall be made pursuant t c. .his sub-
s ubparagraph (B) if local authormes have prohibited any
s u c h left turn and erected a s ign giving notice of any such
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prohibition a t each intersection where such left turn is
prohibited.
~ U . Part 8 section 805(5) P edes trians Walking or Traveling in a
Wheelchair on Highways is amended to re ad a s follows :
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(5) This Municipality may regulate the use by pedestrians of streets
and highways under its jurisdiction t o t he extent authorized
under s ubsection (6) of this section a nd sections 42-4-110 and
42 -4-111 , C.R .S ., but no regulation r ega rding such streets and
highways in a manner differing fr om this section shall be effective
until official signs or devices givmg notice thereof have been
placed as required by section 42--l-111 (2), C .R .S .
HU. Part 10 , section 1010(3) Driving on Di"vi ded or Controlled Access
Highways (regarding limiting use) is amend ed by deleting the phrase
"by ordina nce co nsistent with the provisio ns of section 43-2-135(l )(g),
C .R.S .... ". i n t h e first se ntence.
~ U . Part 11 , sect10 n 1101 (2) S peed L1m1ts is a me nded to add a new
subsection:
(i) Fiftee n mil es per h our many alley .
+31..Q . Part 11 , section 1102(5) Altering Speed Limits is amended to read :
(5 ) In its di scretion. this Municipality may impose and enforce stop
si gn re gulations a nd speed limits. not inconsistent with the
provi s ions of sect io ns 1101 t o 1104, u pon any way which is
ope n t o t ravel by motor vehi cle a nd which is privately
ma intained in mobile home pa r ks , when appropriate s igns
givm g notice of s uch enforceme nt a re erected at the entrances to
s uch ways .
++ 1.§. Section 1202 Parking or Abandonm e nt of Ve hicles the phrase "outside
of a business or residential district .. ." is deleted .
~ 11-Part 12 . sections 1205(2) and (3) Parking at Curb or Edge of Roadway
are a mended t o read:
(2) Except as a uthori ze d by the Traffic E ngineer or his/her
des1gnee . every ve hicle stopp ed or parked upon a one-way
road way shall be so stopped or pa r ked parallel to the curb or
ed ge of the roadw ay in the directi on of authorized traffic
moveme nt, with its right-hand wh ee ls within twelve inches of
th e r ight-hand s houlder or with its left-hand wheels within
tw elve inches of the left-hand s hould er or with its left-hand
wh ee ls within twelve inches of the left-hand curb or as close as
practica ble to the left edge of the left -hand shoulder.
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(3) The loca l authority may, through its Traffic Engineer or
des1gnee , permit angle parking o n any roadway; except that
angle parking shall not be permitted on any State highway
unless the Department of Transportation has determined by
resolution or order entered in its minutes that the roadway is of
sufficient width to permit angle p arking without interfering
with the free movement of traffic.
~ ll!. Part 12 . secu on 1208(3)(b) and (c) Parkmg Privileges for Persons with
D1 sab1ht1 e a r e amended to read :
{b ) The owner of private property available for public use may
req ue s t t he cn te ria and format information for official
handicap ped pa rking signs from the City Traffic Engmeer
co nce rrung the installation of official signs identifying parking
space reserved for use by person s with disabilities . Such a
request s hall be a waiver of any obi ec tion the owner may assert
co nce rning enforce ment of this section by peace officers of any
pohucal subdi\;sion of this State, a nd such officers are hereby
authorized and empowered to so e nforce this section, provisions
of law t o t he co ntrary notwithstanding.
(c) Each parking space reserved for u se by persons with
d1sab1lit1es whe ther on public property or private property s hall
be ma rked with an official upright sign, which sign shall be
s tationary, identifying such parking space as reserved for use
by persons with disabilities.
H ll. Part 14 , section 1401(1 ) Reckless Drivin g-The last sentence, "A person
con victed of reck less drinng of a bicycle o r motorized bicycle shall not be
subiect to the provision s of section 42-2-127 . C.R.S ." is deleted.
M 2!). Part 14 . section 1401 (2) Reckless Dri vmg-P nalty is deleted .
+9 2]. Part 14. ect10 n 1402(1 ) Ca rele ss Dnving-The last se ntence . "A perso n
con vic t ed of careless driving of a bicycl e o r motorized bicycle shall not be
subiect to the provisions of section 42-2 -127 . C.R.S." is deleted .
~ ~-Part 14 , secti on 1402(2) Careless Drivmg-P e na lty is deleted .
H ~-Part 14 . section 1409 Co mpulsory Ins ura nc e is amended to add the
followin g s ub sections :
(7) Upon co nviction thereof, the defe nda nt shall be punished by a
fine of not less than one hundred do lla rs ($100.00) nor more
than five hundred dollars ($500 .00), a nd, in addition, the court
may impose imprisonment for no t more than one hundred
eighty (180) days. The fine imposed by this section shall be
mandatory, and the court s hall n ot s uspend said fine . in whole
or in part, unless it is established th a t appropriate insurance
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as required under sections 10--1-705 and 10-4-716. C.R.S . has
been o btained.
(8) Upon a second or subsequent conviction under this section
within a period of two (2) years following a prior conviction
under this section, the defendant shall be punished by a fine of
not le ss than two hundred dollars ($200.00) nor more than five
hundred dollars ($500.00), and . in addition. the court may
impose imprisonment in the county jail for not less than ten
(IO ) days nor more than one hundred eighty (180) days . The
fine imposed by this section shall be mandatory, and the court
s h a ll not suspend said fine. in whole or in part, unless it 1s
establi s hed that appropriate ins urance as required under
s ections 10-4-705 and 10-4-716. C .R .S. has been obtained.
H .2.j . Part 14 , section 1412 Operation of Bicycles a nd Other Human-Powered
Vehicles is amended to add the followin g s u bsections:
(12) The parent of any child or guardian of any ward shall not
auth orize or knowingly permit a n y cluld or ward to violate any
of t h e provisions of this section .
(13) It is unlawful for any person t o do any act forbidden or fail to
perform any act reqmred in t hi s articl e .
~ ll-Part 17 , section 1701(3) Traffic Offenses Cla as ified-Schedule of Fines
(regarding fine schedules) is deleted .
i!+ 2..§. Part 17 , section 1709 Pe nalty Assessments 1s deleted.
ffU. Part 17 , section 1710 Failure to Pay Penalt v 1s deleted.
lHt 2-_S. Part 17 , section 1716(1 ) Notice to Appear or Pay Fine-Failure to
App ear-P e nalty is amende d to read as follows :
(1) F or the purposes of tlus cod e . tender by an arresting officer of
the s ummons shall constitute notice to the violator to appear in
court or at the Violations Burea u within the times and dates
s pecified on such summons .
H ~-Part 17 , section 1717 Conviction-Attend a n ce at Driver Improvement
Schoo l-The phrase "located and operating in the county of the
defendant's r esidence a nd ... " 1s deleted .
$ectjon 2. The Englewood City Council hereby a me nd s Title 11 , Chapter lB,
Section 1, of the Engle wood Municipal Code, 1985 with t h e addition of the following
Subsection 1. to the definitions as follows :
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11-lB-l : TRAFFIC VlOL.\TION PROCEDURES:
A . Definitions: The followmg words , terms and phra s es. when used in this
Chapter shall have the meanings ascribed to them in this Section, except
where the context clearly indicates a different meaning. In the event of any
conflict between the Model Traffic Code and the d e finitions contained in th.t s
Section, this Section s hall be controlling:
TRAFFIC OFFE.VS E : The following offense s as set forth in this Chapter or
in article l of t he :\l ode! Traffic Code as adopted and amended by the City:
J,. ,.ecuon 23 5 '.\1TC : Mimmum Standa r ds fo r Commercial Vehicles.
+ t ec. 1903 MTC: Stopping for sc h oo l buses.
l!-l ecs . 1101 , 1102. 1103, 1104 MTC : Ba sic s peed rules -including
d e creasm g of speed limits , altering of s peed limits and elevated
s tructures s peed limits on)y where the speed a))eged js greater
than 19 miles per hour over the posted speed )jmjt .
a-f Se c . 1105 MTC : Spee d contests/e xhibitio n of s peed .
+ g. ec I.JO] '.\1TC : Re ckless drivmg .
~ §. ec . 1-1 02 MTC : Careless dnving .
G Z. ec. 1-1 09 '.\1TC : Compulsory ins urance-penalty , as amended by
1 J-l -1B (2l) E.M .C .
.;. ec 1-11 3 '.\IT C : El ud ing or attemptrng t o e lude police officer.
8-~-. ec . GO (J ) '.\'fTC: Obedience to Offi cwl T ruck Traffic Control
De vices.
Sect10n 3 Sa fe ty Cla u ses The Ci t y Council h e reby finds , determines , and
declares that th.t s O r d ina n ce is promulgated unde r the ge neral police power of the
City of Englewood . that it is promulgated for the hea lth , safety , and welfare of the
public, and that th is Ordinance is n ecessary for the preservation of health and safety
and for the protectio n of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational r e lati o n t.o the proper legislative
object sought to be obtarn ed .
Sectjon 4 Severabt)jtv If any cl a use. sentence. p a r a gr aph, or part of this
Ordinance or the applicauon thereof to any person or c ircumstances shall for any
reason be adjudged b y a co urt of comp etent jurisdiction in va lid , s uch judgment shall
not affect, impair or invalidate the remainder of this O rdinance or it application to
other persons or circums tances.
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S..ctjon 5 lnconsj stent Ordjnances All other Ordinances or portions thereof
inconsistent or conllicting with this Ordinance or any portio n hereof are hereby
repealed to the extent of s uch inconsistency or conllict.
S..ctjon 6 Effect of repeal or modjfication The repea l or modification of any
provision of the Code of t he City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part a ny 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. procee di ngs, or prosecutions .
Section 7 ~ The Penalty Provision of E .M .C. S ection 1-4-1 shall apply to
each and every violation of this Ordinance .
Introduced, read in full , a nd passed on first reading on the 16th day of October,
2000.
Published as a Bill for a n Ordinance on the 20th day of October, 2000 .
Thomas J. Burns. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis . City Clerk of the City of Englewood . Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the 16th day of October, 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject An ordinance relating
to minimum standards for
October 16, 2000 10 a iv commercial vehicles
Initiated By
Safety Services
I Staff Source
Division Chief Tom Vandermee
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The issue of enforcing regulations against commercial vehicles and in particular overwe ight and unsafe
trucks has been discussed at several tri-cities meetings.
RECOMMENDED ACTION
The Department of Safety Services, police division , is requesting that council approve the amendment
of Title 11, Chapter 1, Section 1, of the Englewood Municipal Code 2000 by the addition of two (2 ) new
subsections 5 and 6 , relating to minimum standards for commercial vehicles .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Several of the streets and highways within the City of Englewood have become major arteries for
heavy commercial vehicles . Many of these vehicles are being operated in extremely unsafe and/or
overweight conditions . These conditions expose the rest of the motoring public to substantial risk of
being involved in serious motor vehicle accidents . Englewood Police Officers have cooperated in
several special enforcement projects with the Littleton and Sheridan Police Departments . both of whom
have adopted similar ordinances. Englewood has not currently adopted ordinances that have the full
effect of property identifying, enforcing or correcting the deficient conditions of these vehicles .
FINANCIAL IMPACT
The financial impact of the adoption of these ordinances would be recognized through fines and court
costs imposed on violators by the municipal court.
UST OF ATTACHMENTS
Copy of Draft Ordinance
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RESOLUTION NO.
SERIES OF 2000
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A RESOLUTION APPROVlNG AN INCREASE IN BENEFITS FOR THE RETIRED
FIREFIGHTERS.
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WHEREAS. the Englewood Firefighters Pension Board have reviewed the benefits for the
Firefighter Retirees and recommends approval of a $200 monthly increase for those
Firefighters who retired as of January 1, 1998 ; and
WHEREAS, the passage of this Resolution will increase retired Firefighters pension
payments, to become effective January l , 2001 for those Firefighters who retired prior to
January 1, 1998; and
WHEREAS, the benefit increase shall be for "members" and shall not apply to those
a ccounts that have been separated by a qualified domestic relations order:
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sectjon 1. The City Council of the City of Englewood hereby approves the increase in
benefits for the retired Firefighters Effective January 1, 2001. All members whose
payments commenced prior to January 1. 1998 . shall receive an increase of $200.00 per
month to their pension benefits with surviving spouses receiving one-third (1/3) of the
$200.00 pension benefit increase.
ADOPTED AND APPROVED this 16tt. of Octobe r . 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis. City Clerk for the City of Englewood . Colorado, hereby certify the
a bo ve is a true copy of Resolution No ._, Series of 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
October 16. 2000 10 c I
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Subject
Resolution to approve an
increase in benefits for
Firefighter retirees effective
January 1, 2001 for those ret ired
as of Janua 1 • 1998
Initiated By
City of Englewood , Finance and Administrative
Services De artment
Staff Source
Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has met with representatives of the Firefighters Pension Board in the past to discuss
common concerns , including benefits and funding.
RECOMMENDED ACTION
The Firefighters Pension Board approved a $200 per month benefit increase effective January 1, 2001
to all participants retired as of January 1 , 1998. The Board requests City Council approve a resolution
supporting their decision.
FINANCIAL IMPACT
This action will not directly impact the financial condition of the City of Englewood as the Firefighter
Pension Fund is currently fully funded and the City is only making required minimum contributions .
UST OF ATTACHMENTS
Proposed resolution .
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COUNCIL COMMUNICATION
Date Agenda Item Subject :
October 16 , 2000 10 c ii Purchase Street Paver
INmATEDBY:
Deoartment of Public Works I STAFF SOURCE:
Ken Ross , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action .
RECOMMENDED ACTION
Appnwe , by motion , the purchase of one self-propelled asphalt paver from McDonald Equipment
Company in the amount of $87,500.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Unit 3183, a 1992 Mauldin SSOE Paver, is scheduled for replacement in 2000 through the Cap ital
Equipment Replacement Fund (CERF).
FINANCIAL IMPACT
Request for Bid was sent to three (3) vendors , one (1) Bid Proposal was received .
McDonald Equipment Company $67 ,500.00
The sole bidder, McDonald Equipment Company, can deliver in approximately 45 days. Funds are
available in the CERF to cover McDonald's bid price of $67 ,500 .00 .
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Bid Proposal from McDonald Equipment Company
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: September 27, 200010:00 a.m.
Bid Item: SELF-PROPELLED ASPHALT PAVER
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SELF.PROPELLED
ASPHALT PAVER Total
MACDONALD EQUIPIIENT COMPANY
ATTEN110N:ARTSMITH $17,500.00 H7,500.00
P.O. BOX 5011
COIIIIERCE CITY, CO 80022
FARIS MACHINERY COMPANY
ATTENTION: PAUL FARIS N/8 N/8
5770 E. 77TH AVENUE
COIIMERCE CITY, CO 80022
POWER MOTIVE CORPORATION
ATTENTION: DON ANDERSON N/R N/R
5000 VASQUEZ BL VD . • DENVER, CO 10218
e NIB•NoBld
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Exceptions:
,,,_ listed. PIH•• SN note on additional
equipment on unit which was not on our
R9queat for Bid.
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BID PROPOSAL
SELF-PROP ELLE D ASPHA _T PA VER
DESCRI ?T!ON
SE~F -~ROPELLED ASPHALT
PP,VE R
TOT.".:. EID
C"S'J'Ti\,1::,1'1'"0
QU .ll.N T::TY
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BIJ P~UC E
$6 7 , 500. 00 ~ew LeeBov ~!odel
8000 D Aspha l t P \·e~
567,500 .00
Est ima :ed dat e o: c:e 1.:. ·,e :::., __ I_n_S_to_c_k _______________ _
ALL MATERZAL F.O.B. CITY OF ENGLEWOOD
INVOIC:NG TE?-MS
2800 South Platte Ri.ver Drive
Englewood, CO 80110
Net 30 Days
P!l.IC E QU07 E FI~ FOi<. 60 DAYS .
EXC E?T:CNS: No exeptions. nus unit we are bidding is a lready set up f or
autociat ic Sonic Augers which is not called in vour bid.
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Ken Black 9-25 -2000
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President
Macdonald Egui anent Cor.10any
CM ?ANY
P.O. Box 5011 Colll!lerce Citv, CO 80022
ADDR ES S
303 -287-7401
TELE?HONE
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ORDINANCE NO .
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 76
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AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD,
COLORADO, FOR THE FISCAL YEAR 2001.
WHEREAS, pursuant to the provisions of Part I of Article X of the C harte r of the
City of Englewood , Colorado, adopted by the voters on J uly 8 , 1958, a budget for the
fiscal year 2001 was duly submitted by the City Manager to the City Council on
September 14 , 2000: and
WHEREAS, a public hearing on the said budget was held by the City Co unctl
within three weeks after its s ubmission at the meeting of the City Coun cil on
September 18 , 2000, regular notice of the time and place of s aid hearing havmg bee n
published within seven days after s ubmission of the budget in the manne r provided m
the Charter for the publication of a n ordinance : a n d
WHEREAS, the City Council of the City of Englewood has s tudied the budget on
numerous occa11ions; and
WHEREAS , it is the intent of the Ci t y Council to ad opt the 2001 budget as now
s ubmitted ;
NOW . THEREFORE . BE IT ORDAINED BY THE c1n· C OUNCIL OF THE C ITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Sectjpn ). That the budget of the City of Englewood . Colorado, for the fiscal year
2001 , as submitted by the City Mana ger and duly co n sidered by the City Council after
public hearing, be a nd h ereby is adopted as the budget for the City of Englewood for
the fiscal year 200 l.
Sectjpn 2. GENERAL FUND
Total Fund Balance, January l , 2001
Revenues
Sales/Use Tax
Property and Specific Ownership Tax
Franchise/Occupation/Cigarette Tax
License/Permits
Intergovernmental Revenue
Charges for Services
Cultural & Recreation
Fines & Forfeitures
Miscellaneous
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2001 BUDGET
$ 5,096 ,658
24 .150 .000
2 ,408,000
2,476,000
835,805
1.532,250
l , 126 ,420
l.401,472
908,2 50
441 600
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Total Revenues
Other Financing Sources
Total Sources of Funds
Expenditures
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resource s
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Deve lopment
Library Services
Parks a nd Recrea tion Se rvice s
Transfers Out (F ive Year Capital Plan)
Contingencie s
Debt Service
Total Use of Fund s
Total Fund Balance, December 31 , 2001
$ec;t,jon 3 DEBT SERVICE FUNDS
CommunitY Center Bond Debt SeTYice Fund
Fund Balance, Janua ry l , 2001
Revenues
Expenditures
Fund Balance , December 31 , 2001
Payjng Djstrjct #35 Debt Servjce Fund
Fund Balance, Janua ry l , 2001
Revenues
Miscellaneous
Expenditw·es
Fund Balance, December 31. 2001
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2001 BUDGET
$35 ,279 ,797
$ 484 655
$35 76-l 452
338.887
698 .693
76i .239
664.937
650 .346
l.659 .990
1,170 ,061
5 ,086,745
13 .901 ,448
1.559,001
l.204.227
4 ,606 .887
$ 414 ,400
$ 75 ,000
J 879 961
$34 ,677 ,822
$ 6 ,183.288
s 89,220
$ 430.500
$ 476.215
$ 43,505
$ <173 ,210>
$ 44 ,561
$ 14.922
$ <143,571>
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2001 BUDGET
fa~11i:: Pistci~t #J:Z Debt Seod~e E1.111d
Fund Balance, January 1, 2001 $ 684
Revenues $ 3,495
Expenditures and Transfers $ 3,900
Fund Balance, Decem ber 31. 2001 $ 279
fai.:ill& Pimi,t #38 Debt Secvi,i.;: Eimd
Fund Bala nce , January 1, 2001 $ 18,529
Revenues
Miscellaneous $ 71,326
Expenditure $ 89,200
Fund Balance , Dece mber 3 1, 2001 $ 655
Qooi:a:u: B.1:11lai:ewi:1Jt Pimu;:t I l'll'lll
Fund Balance . J a nua ry l. 2001 $ <30,462>
Revenue · $ 7,764
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Expenditures $ 4,738
Fund Balance . Dece mber 3 1, 2001 $ <27,436>
5ecttPP 4 SPECIAL REVENUE FUNDS
Qoll§Cryatmn Tcust Fu nd
Fund Balance . J a nu a ry I. 2001 $ 481 ,000
Revenues $ 320,140
Expenditures $ 443 ,000
Fund Bala nce , Decem ber 3 1, 2001 $ 358,140 • Qommemal Revol~ag Loa11 EYDd
Fund Ba lance, January 1, 2001 $ 158,4 52
Revenues $ 7 ,500
Expenditures $ 25,000 I • • 0
Fund Balance , Decem ber 3 1, 2001 $ 140,952
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Community Devel opment Fund
Fund Balance. J a nua ry 1, 2001
Revenues a nd Tra nsfe rs In
Expenditures
Fund Balance, December 31. 2001
Donors E'und
Fund Balance, January 1, 2001
Revenues a nd Tra nsfe rs In
Expenditures
Fund Balance, December 31 , 2001
Section 5 CAPITAL PROJECT F U NDS
Publjc Improvement Fund
Fund Balance, J a nu a ry 1, 2001
Revenues
Expenditure s
Fund Balance , December 3 1. 2001
Capital Prmects Fund <fYCP}
Fund Balance, Janua ry 1, 2001
Revenues
Expenditures
Fund Balance, December 31 , 2001
Section 6 INTERNAL SERVICE F U NDS
Seryjcenter Fund
Funds Available , J a nuary l , 2001
Revenues
Expenses
Funds Available, December 3 1, 2001
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2001 BUDGET
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$ 150 .000
$ 150 ,000
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$ 178 ,466
$ 162,550
$ 327 ,783
$ 13 ,233
$ 485 .315
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$ 3 .122 .400
$ 2 ,158.481
$ 1.449,2 3 4
$ 1,227 ,023
$ 614.400
$ 1.400,048
$ 441 ,375
$ 1,094,892
$ 1,299.936
$ 1,436.410 I • 0
$ 958,418
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2001 BUDGET
C111ital Eg11i11mi:11t l:li:11!11ci:mi:nt F11nd
Funds Available, January 1. 2001 $ 739 .015
Revenues $ 837,143
Expenses $ 977,193
Funds Available , December 31 , 2001 $ 598,965
Ci:ntr:lll $1:rvici:s Fund
Funds Available, January 1, 2001 $ 147 ,997
Revenues $ 329,179
Expenses $ 291 ,342
Funds Available. Dece mber 31 , 2001 $ 185 ,834
Ri1k Manui:mi:nt Fund
Funds Available, January 1, 2001 $ 442 ,802
Revenues $ 764,675 )
Expenses $ 858,296
Funds Available , Dece mber 31 , 2001 $ 349,181
Em11IPYtt Beni:fits Fund
Funds Available , January 1, 2001 $ 1,01 7 ,063
Revenues $ 3,501 ,176
Expenses $ 3,501.176
Funds Available , Dece mber 3 1, 2001 $ 1,017 ,063
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2001 BUDGET
Section 7 ENTERPRISE F UNDS
Water Fund
Funds Available . January 1, 2001 $ 3 ,765,929
Revenues $ 5 ,699,148
Expenses $ 7 ,016,630
Funds Available , December 3 1, 2001 $ 2,448 ,447
Sewer Fund
Funds Available , January 1, 2001 $18,196,304
Revenues $ 7 ,0 58.100
Expenses $ 8.894,199
Funds Available , December 31 , 2001 $16.360,205
Stpnn Drainage Fund
Funds Available , January 1, 2001 $ 362,185 )
Revenues $ 137 ,000
Expenses $ 85.631
Funds Available, Dece mber 31 , 2001 $ 413 .554
Golf Course Fund
Funds Available . January 1, 2001 $ 713 ,865
Revenues $ 1,970,150
Expenses $ 1,942,515
Funds Available , Dece mber 3 1, 2001 $ 741,500
• Concrete Utility Fund
Funds Av ailable, January 1, 2001 $ 696,834
Revenues $ 525,000
Expenses $ 652,699
• Funds Available . December 31, 2001 $ 569,135 I • 0
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Houeing Rehabilitation Fund
Funds Available , January l. 2001
Revenues
Expenses
Funds Available , December 3 1, 2001
Section 8 FIDUCIARY F UN DS
Maney Center Tru ~t Fund
Fund Balance. January l. 2001
Revenues
Expenses
Fund Balance, Decem ber 31 , 2001
Parks and Recreati on Trust Fund
Fund Balance, January l. 2001
Revenues
Expenses
Fund Balance, Decem ber 31 , 2001
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Fund Balance. January 1, 2001
Revenues
Expenses a nd Transfer s
Fund Bala nce , Dece mber 31 , 2001
Sectjon 9 JOINT VENTURES
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2001 BUDGET
$ 1,536,986
$ 1,050.000
$ 950 ,000
$ 1,636,986
$ 274 ,209
$ 18,000
$ 80.000
$ 212 ,209
$ 178 ,449
$ 14.000
$ 21.300
$ 171 ,149
$ 161 ,872
$ 40,363
$ 55,iOO
$ 146 ,535
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
JOINT VENTURE
Funds Available . January I. 2001
Revenues
Expenses
Funds Available , Dece mber 3 1. 2001
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$15,236,885
$15 ,236 ,88 5
$ 115,674
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Section 10. That the said budget as amended and accepted shall be a public
record in the office of the City Clerk and shall be open to public inspection. Sufficient
copies thereof shall be made available for the use of the City Council and the public,
the number of copies to be determined by the City Manager.
Introduced, resd in full . and passed on first reading on the 16th day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October, 2000.
ATTEST:
Thomas J . Burns, Mayor
Loucrishia A . Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and p88Sed on first reading on the 16th day of October, 2000.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Bills For Ordinance Adopting the
October 16, 2000 2001 Budget
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Initiated By I Staff Source
Deoartment Of Financial Services Frank GrvQlewicz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff held a 2000 Budget and Goals setting meeting on May 6 , 2000. A public hearing
regarding the Proposed 2000 Budget was held on September 18 , 2000. The operating budgets and
Five Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on
September 30, 2000, and follow-up review was done at a study session on October 9 , 2000.
RECOMMENDED ACTION
Staff recommends Council approve the proposed bills for ordinances adopting the 2001 budget and
appropriating funds for fiscal year 2001 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Charter of the City of Englewood requires the City Council adopt bills for ordinances adopting the
next year's Budget and Appropriation Ordinance no later than thirty days prior to the first day of the
next fiscal year.
FINANCIAL IMPACT
The General Fund is budgeting total revenues of $35,279.797 and total uses of funds at $34,6n,822
leaving an unreserved/undesignated fund balance of $4,622 ,501 or 13.1 percent of total revenues .
UST OF ATTACHMENTS
Proposed bill for ordinance
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ORDINANCE NO ._
SERIES OF 2000
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A BILL FOR
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COUNCIL BILL NO. 77
INTRODUCED BY COUNCIL
MEMBER ______ _
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AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING
.JANUARY l, IOC>l, AND ENDING DECEMBER 31, 2001, CONSTITUTING WHAT
IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2001.
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
Sectjon l. That there be and there hereby is appropnated from the revenue derived
from taxation in the City of Englewood , Colorado. from collection of license fees and
from all other sources of revenue including available fund balance during the year
beginning January 1, 2001 , and ending December 31 , 2001. the amounts hereinafter
set forth for the object and purpose specified and set opp os ite thereto, specifically as
follows :
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
GENERAL flJND
Finance and Admmistrat1ve Services
Information Technology
Public Works
Safety Services
Community Development.
Library Services
Parks and Recreation Services
Transfer Out
Contingency
Debt Service
Total General Fund
$ 338.887
698 .693
767 .239
664 .937
650,346
1,659.990
l.li0.061
5 .086.745
13.901.448
1.559.001
1.204 .227
4 ,606,887
414 ,400
75 ,000
2 879 961
$ 34,677,822
COMMUNITY CENTER BOND DEBT SERVICE flJND
Total Community Center Debt Service Fund $ 476,215
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PAYING DISTRICT #35 DEBT SERVICE FUND
Total Paving District #35 Debt Service Fund
$ 14.922
PAVING DISTRICT #37 DEBT SERVICE FJJND
Total Paving District #37 Debt Service Fund $ 3,900
PAVING DISTRICT #38 DEBT SERVICE FUND
Total Paving District #38 Debt Service Fund $ 89,200
CONCRETE REPL'.\CEMENT DISTRICT 1995 DEBT SERVICE FUND
Total Concrete Replaceme nt District 1995 Fund
CONSERV A.TION TRUST FUN D
Total Conservation Trust Fund
COMMERCIAL REVOLVING LOAN FUND
Total Commercial Revolvmg Loan Fund
COMMJlNJTY DEVELOPMENT FUND
Total Community Development Fund
DONORS FU.ND
Total Donors Fund
PUBLIC IMPROVEMENT FUND
Total Public Improvement Fund
CAPITAL PRO,JECTS FUND CFYCP} FUND
Total Capital Projects Fund
SERYICE!I.TTER FUND
s 4,738
$ 443 ,000
$ 25 .000
$ 150 ,000
$ 327 ,783
$ 2,158,481
$ 1,400,048
Total ServiCenter Fund $ 1,436,410
CAPITAL EQUIPMENT REPLACEMENT FUND
Total Capital Equipment Replacement Fund $ 977 ,193
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CENTRAL SERVICES FUND
Total Central Services Fund
RISK MANAGEMENT FJJND
Total Risk Management Fund
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund
WATER FUND
Total Water Fund
SEWER FUND
Total Sewer Fund
STORM DRAINAGE FJJND
Total Storm Drainage Fund
GOLF COURSE FUND
Total Golf Course Fund
CONCRETE UTILITY FUND
Total Concrete Utility Fund
HO USING REHABILITATION FUND
Total Housing Rehabilitation Fund
1AI,I,EY CENTER TRUST FUND
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$ 291 ,342
$ 858,296
$ 3 ,501 ,176
$ 7 ,016,630
$ 8 ,894,199
$ 85 ,631
$ 1.942.515
$ 652 ,699
$ 950,000
Total Malley Center Trust Fund $ 80,000
PARKS AND RECREATION TRUST FJJND
Total Parks and Recreation Trust Fund $ 21 ,300
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SPECI;\L ;\SSESSMENT 8URPLUS & DEFICIENCY FUND
Total Special Assessment Surplus & Deficiency Fund $ 55,700
LIITLETON/ENQLEWQQD WASTEWATER TREATMENT PLANT
JOINT VENTURE FUND
Total Littleton/Englewood WWTP Joint Venture Fund $ 15 ,236 ,885
Section 2 The foregoing appropriations shall be considered to be appropriations to
groups within a program or department within the fund indicated but shall not be
construed to be appropriated to line items within any groups . even though s uch line
items may be set forth as the adopted budget for the fiscal year 2001.
Section 3. All monies in the hands of the Director of Financial Services. or to come
into the Director's hands for the fiscal year 2001. may be ap plie d on the outsta nding
claims now due or to become due in the said fiscal yea r of 2001.
Section 4 All unappropriated monies that may co m e mto the hands of the Director
of Financial Services during the year 2001 , may be so distnbuted among the respective
funds herein as the City Council may deem best unde r s uch control as 1s provided by
law .
Section 5. During or at the close of the fiscal year of 2000, any surplus money in
any of the respective funds, a fter all claims for 2000 against the same have been paid,
may be distributed to any other fund or funds at the discretion of the City Council.
Introduced, read in full , and passed on first reading on the 16th day of October,
2000.
Published as a Bill for an Ordinance on the 20•h d ay of October, 2000.
Thomas J . Burns. Mayor
ATTEST:
Loucrishia A . Ellis, City Cle rk
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 fir st reading on the 16th day of October. 2000.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
-Date Agenda Item Subject
Bill For Ordinance Appropriating
October 16, 2000 11 a ii Funds For Fiscal Year 2001
Initiated By I Staff Source
Department Of Financial Services Frank Grvalewicz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff held a 2000 Budget and Goals setting meeting on May 6, 2000. A public hearing
regarding the Proposed 2000 Budget was held on September 18, 2000. The operating budgets and
Frve Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on
September 30, 2000, and follow-up review was done at a study session on October 9 , 2000 .
RECOMMENDED ACTION
Staff recommends Council approve the proposed bills for ordinances adopting the 2001 budget and
appropriating funds for fiscal year 2001 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Charter of the City of Englewood requires the City Council adopt bills for ordinances adopting the
next year's Budget and Appropriation Ordinance no later than thirty days prior to the first day of the
next fiscal year.
FINANCIAL IMPACT
The General Fund is budgeting total revenues of $35,279,797 and total uses of funds at $34,677,822
leaving an unreserved/undesignated fund balance of $4,622,501 or 13.1 percent of total revenues .
UST OF ATTACHMENTS
Proposed bill for ordinance
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ORDINANCE NO ._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY
OF ENGLEWOOD. COLORADO. AND ESTABLISHING A MILL LEVY FOR THE
ENGLEWOOD DOWNTOW .. DEVELOPMENT AUTHORITY .
WHEREAS . it 1s the duty of the City Co unctl of the City of Englewood , Colorado.
under the Englewoo d Home Rule Ch arter and Colorado Revised Statutes, to make the
annual levy for City purpose : a nd
WHEREAS, the City Co uncil has duly considered the estimated valuation of all the
taxable property within the City and the needs of the City and of each of said levies
and has determined that t he leV1es as hereinafter set forth . are proper and wi se; and
WHEREAS , the following levies are permitted under Article X. Section 20 of the
Colorado Constitution without a vote by the citizens ;
NOW , THEREFORE . BE IT ORDAI:-JED BY THE CITY COU NCIL OF THE CITY OF
ENGLEWOOD , COLORADO . AS FOLLOWS :
Sectjon 1. That there be a nd hereby is levied for the year of 2000 , due and paya bl e
as required by statute in the year 2001 , a tax of 5.880 mills on the dollar for the
General Fund of the City of Englewood, Colorado , and 1.150 mills on the dollar for t he
Community Center Bond Fund Debt Service F u nd of the City of Englewood, Colorado.
That the levy herein above set forth shall be levied upon each dollar of the assessed
valuation of all taxable property within the corporate limits of the City of Englewood ,
Colorado, and the said levy shall be ce rtified by law .
Sectjon 2. That under the authority of the Co lorad o Revised Statutes and the
Englewood Home Rule Charter, there is hereby levied fo r t he year 2000, due and
payable as required by law in 2001, a tax of 4 .397 mill s on the dollar for the use a nd
benefit of the Englewood Downtown Development Authority .
The levy herein above set forth shall be levied upon each dollar of assessed
valuation of all taxable property within the Englewood , Colorado, Downtown
Development District, and the said levy shall be certified as required by law .
Introduced. read in full, and passed on first rea ding on the 16th day of October,
2000.
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Published as a Bill for an Ordinance on the 20th day of October. 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A . Ellis. City Clerk
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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
m full, and passed on first reading on the 16th day of October, 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill For An Ordinance
October 16. 2000 11 a iii Establish ing The 2000 Mill Levy
Collected in 2001
Initiated By I Staff Source
Department Of Financial Services Frank Grvolewicz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff held a 2000 Budget and Goals setting meeting on May 6 , 2000 . A pub li c hearing
regarding the Proposed 2000 Budget was held on September 18, 2000. The operating budgets and
Five Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on
September 30, 2000, and follow-up review was done at a study session on October 9 , 2000 .
RECOMMENDED ACTION
Staff recommends Council approve th is bill for an ordinance establishing the 2000 m ill levy to be
collected in 2001 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The C ity of Englewood assesses property tax for the general operations of the government and for the
Community Center Debt Service Fund . TABOR restricts the City from raising the m ill levy without a
vote of the citizens . This year's General Fund mill levy is unchanged from 1999 (5 .880 mill s ). The
2000 levy is certified to Arapahoe County for collection in 2001 .
The Englewood Downtown Development Authority's mill levy is set at 4 .397 mills as recommended and
approved by the Authority. The net assessed value subject to the Englewood Downtown Deve lopm ent
Authority mill levy for 2000 collected in 2001 is $35 ,807,nO compared to an assessed value of
$35,557 ,270 for 1999 collected in 2000.
FINANCIAL IMPACT
Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County
Assessor, the net as sessed value of all properties in Englewood for 2000 is $372 .130,950 comp ared to
$365 ,467,610 for 1999. The 2000 mill for General Fund operations is 5.880 mills and 1.15 mills for the
Community Center Debt Service Fund. The total mill levy is 7 .030 for 2000 collected in 2001 . The
total amount budgeted for the General Fund is $2,158,000 (net of uncollectibles , abatements , etc .).
The amount budgeted for the Community Center Debt Service Fund is $425 ,000 (net of uncollectibles.
abatements, etc.) .
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A homeowner with a $150,000 dollar home in Englewood would pay the following to the City of
Englewood :
Market Value
Assessment Ratio
Assessed Value
General Operations Mill Levy
Taxes Paid For General Fund Operations
Market Value
Assessment Ratio
Assessed Value
Community Center Bond Fund Mill Levy
Taxes Paid For Community Center Bond Fund
Total Tues Paid To City Of Englewood
UST OF ATTACHMENTS
Proposed bill for an ordinance
$150,000
9 .74%
$14,610
5 .880
$85.91
$150,000
9 .74%
$14 ,610
1.150
$16.80
$102.71
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BY ,\UTHORITY
COUNCIL BILL NO. 73 ORDINANCE NO .
SERIES OF 2000 =~~
A BILL FOR
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING
AND APPROVING THE LEASE-PURCHASE OF NETWORKING EQUIPMENT FOR
THE CITY AND PROVIDING DETAILS IN CONNECTION WITH THE LEASE-
PURCHASE OF THE EQUIPMENT.
WHEREAS , the City of Englewood . Colorado (the "City"'), is a h om e rule
municipality of the State of Colorado (the "State") duly or ga nized and operating
under the Home Rule Ch arter of the City (the "Charte r ") a nd the constitution a nd
Jaw s of the State; and
WHEREAS. purs uant to Section 30 of the Ch arter. the City Coun cil of the
City (the "Counci l"") h as a ll municipal legislative powe r s as conferred by general Jaw ,
exce pt as provided by the Charter; and
WHEREAS , on May 1, 2000. foll owing the co m petitive bidding procedures set
forth in Section 11 3 of the Charter, the Co uncil approved a co ntract with NE C
Business Network Solution , Inc., for the acqwsit1on of ce rta in Cisco networlung
equipment (the "Networking Equipment''); and
WHEREAS , the :-Jetworking Equipment h as been ins talled and 1s
ope rational ; and
WHEREAS , pursuant to Secti on 3 1-15-101 of the Co lorado Revised Statutes ,
t h e City has the p owe r to lease-purchase personal property a nd the Co uncil desires
to spread the cost of acqutnng t he 1e tworlung Equipme nt over a five-year pe riod
t hrough the le ase-purchase of s u ch eqwpment; and
WHEREAS , the Ci ty has ad\·a n ce d funds fo r the purchase of the Networking
Equipment in anticipation of financing the acqws1t1on of the Networking Equipme nt
by lease-purchase; and
WHEREAS , the City has r eceive d a proposal from Sutro & Co ., Incorporated
("Sutro"') to effect the lease-p urchase of the Networking Equipment at a net effective
rate of 5 .92% per a nnum , as more fully set forth in a Master Lease Agreement (the
"Lease Agreement") under which the financial obligation of the City s hall constitute
currently budgeted expenditures of the City; and
WHEREAS , the Co uncil is d es1rous of authonzing a nd directing the
t r a n s action described a bove:
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, CO LORADO . AS FOLLOWS :
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Section l. Approval of Conveyance of Ne tw orking Equipment . The City
Co uncil he re by a pproves of t he s ale of, and conveyance of title to. the Ne tworking
Eqwpment to Sutro & Co ., Incorporated, for the a m o unt of $378,761.00 (which
a mount reimburses the City for funds which the Ci t y has advanced). The City
Council hereby determines and decla res that the fair m a rket v alue of the Networking
Equipment is $378. 761.00 and s uch amount r e pres e nts fair and a dequate
consideration to the City for the Networking Equipme nt.
Section 2 . Approval of Lease Agreement . The Lease Agreement, in
substantially the form and with subs tantially the content presented to this meeting
of the City Council , is in a ll respects approved , a uthorized and confirmed . The
a ggregate principal component of the Le a se Agreem e nt does not exceed $3 78 ,761 .00 .
Section 3 . Ex e cutjo n and De livery of Doc um e nts . The Mayor or . in the
a bs ence thereof, the Mayor Pro Tem is hereby authori ze d a nd directed to e xec ute the
Lease Agreement, and the signature of the Mayo r or Mayor Pro Te rn s h a ll
conclus ively determine t h e ,·a lid e xec ution of the Lease Agreement by the City .
Additionally . the Mayo r . ot her offici a ls and e mployee s of the City a r e h e r e by
a uthonzed and directed t o e xec ute a nd deliver for a nd on be half of the Cit y a ny a nd
all additional a gree m e nts. ce rtificates , documents a nd othe r pape r s a nd t o pe rform
a ll other acts tha t t h ey may deem n e ce s sary or a pp r op r iate in ord e r to im p le m e nt
a nd carry ou t the tra n s a ct10 n authorize d and co n te mpl a ted by thi s O rdma n ce .
including but n ot li mite d to a n Interna l Revenue Se rvice Form 8 0 38-G .
Section 4 . Dec)ara u on s a nd Findings . The City Co uncil hereby de t e rmine s
and declares tha t the r e n ta l paym e nts under the Le ase Agree me nt (the "Re ntal
Payments") represe nt t h e fa ir v alue of the u se of t h e Ne tworking Equipme nt. a nd
that the Prepayme nt Price (as define d in the Le a s e Agreement) r e presents the fair
purchase price of t h e Networlung E quipment. The City Co uncil h e reby determines
a nd de clares tha t t h e Re ntal Pay m e n ts d o n ot e xcee d a r e ason a bl e a m o unt s o as to
pla ce the City unde r a n econ omic or practical compuls ion to appropriate m on eys to
make pay ments u n d e r t h e Le ase Agree ment or to e xe r cise its option to purchase the
Networking Equi p m ent p urs u a n t to the Lea se Agreem e nt. In making s uch
determinations , t h e City o u n c1l h a gi ven cons ide r a t ion to the c urrent marke t va lue
of the Ne tworking Equi p m e nt. the cost of acq um ng , constructing or e quipping
p r op e rty s1m1l ar t o the l\:e t w orlung Eq uipment. the option of the City to purchase the
Networking Equi pm e nt. a n d the e xp e cte d e ve ntual vesting of full title to the
Networking Equ ip m e n t in the City. The City Co uncil h e reby de t e rmines a nd decl a r es
t h at t he d uratio n of t h e Lease A greement, including all optional r e n ew a l term s ,
a u t h orized unde r t his O r d ina nce. d oes not exceed the we ighted a ve rage useful life of
the Ne tworking E q uipm e nt .
Section 5 . Bank-Qu a lified Determjnatjon . The City hereby des igna t es the
Lease Agreeme nt as a ·'qua lified tax-e xempt obli gatio n ·· for purposes of Section
265(b)(3) of the Inte rnal Re venue Cod e of 1986, as a m e nde d .
Section 6 . ObJiga tjons of the Cjty . No prov is ion of this Ordinance or the
Le a se Agreement s hall be co n s trued a s creating or con s t it uting a general obligation
or a multiple-fis ca l year direct or indirect indebte dne s or other financial o bligation
whatsoever of the City n or a mandatory pay me nt obli gation of the City in any
e n s uing fiscal ye a r be yond a ny fi s cal year during which the Leas e Agreeme nt s hall
be in effect.
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Section 7. Ratification of Prior Actions. All actions heretofore taken (not
inconsistent with the provisions of this Ordinance) by the City Council or by the
officers and employees of the City regarding the acquisition or lease-purchase of the
Networking Equipment. or directed toward satisfaction of the City's obligations
under the Lease Agreement, are hereby ratified, approved and confirmed.
Section 8 . Seyerabiljty . It is hereby expressly declared that all provisions
hereof and their application are intended to be and are severable. In order to
implement such intent, if any provision hereof or the application thereof is
determined by a court or administrative body to be invalid or unenforceable. in whole
or in part, such determination shall not affect , impair or invalidate any other
provision hereof or the application of the provision in question to any other situation;
and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its
application shall be limited as required to most fully implement its purpose .
Section 9 . Repealer . All ordinances, or parts thereof, inconsistent or in
conflict herewith are hereby repealed to the extent only of such inconsistency or
conflict.
Introduced , read in full , and passed on first reading on the 16th day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis . City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read
in full, and passed on first reading on the 16 .. day of October. 2000.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill for an ordinance approving a
October 16, 2000 11 a iv lease-purchase of Cisco
networking equipment for the
City of Englewood
Initiated By Staff Source
Department Of Finance and Administrative Frank Gryglewicz, Director
Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved the purchase of Cisco networking equipment from NEC Business Network
Solution , Inc . at the regular City Council meeting on May 1, 2000.
RECOMMENDED ACTION
Staff recommends Council approve this bill for an ordinance approving a lease-purchase of C isco
networking equipment with Sutro & Company.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City's Information Technology Department purchased Cisco networking equipment from NEC
Business Network Solution, Inc . to improve the City of Englewood' networking capabilities. The
equipment is on site, installed and operational. The City paid cash at the time of purchase, but after
analysis of other technological needs, staff decided to lease-purchase this equipment to free up funds
for other technology projects.
The alternative to this lease-purchase is to pay cash , but this would not a ll ow other projects to go
forward .
FINANCIAL IMPACT
The City will make payments on this lease-purchase agreement for five-years at 5 .92 percent on a
principal of $378,761 .00 . The City of Englewood will be reimbursed these funds after completion of
th is agreement.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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Sutto & Co. Incorporated
MASTER LEASE AGREHIENT
LEASE '.'IUMBER 01
This MASTER LEASE AGREEi\<IENT (the "Agreement"), dated as of the 6th dav of December. 2000 ,s made and entered into
by and between Sutto & Co. Incorporated, a Nevada corporation, as Lessor (the "Less~r .. ) and the Ciry o f Englewood. a polincal
subdivision of the State of Colorado, as lessee ("Lessee .. ).
In consideranon of the mutual covenants herein contained, the parties hereto agree as follows :
ARTICLE I
DEFINITIONS A.i"ffi EXIUBITS
Section 1.1. Definitions The following terms have the meanings specified below.
"Acceptance Cerrificate" means each Acceptance Certificate delivered by Lessee as pan o f an Equipment Schedule cemfymg as
to the delivery, installation and acceptance of Equipment.
"Agreement" means this Master Lease Agreement and all Equipment Schedules hereto .
"Agreement Date" means the date first written above.
"Agreement Renewal Term" means a period commencing on the January 1 immediately following the termination of the Initial
Agreement Term or preceding Agreement Renewal Term and ending on December 3 I of such year.
"Code " means the Internal Revenue Code of I 986, as amended, together with Treasury Regulanons promulgated fro m time to )
time thereunder.
"Equipment" means all items of property descnbed in Equipment Schedules and subject to this Agreement.
"Equipment Group" means each group of Equipment listed in a single Equipment Schedule.
"Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipme nt
Group.
"Events of Default" means those events descnbed in Section 12. I.
"Fi scal Year" means each 12-month fiscal period of Lessee .
"Funding Date " means, with respect to each Lease, the date Lessor makes payment to the Vendor(s) named m the related
Eqm pment Schedule or reimburses Lessee for the purchase pnce of the related Equipment Group or, if the procedure descnbed Ill Secnon
2.4 is unlized, the date Lessor deposits funds equal to such purchase price into the Escrow Ac count.
"Initial Agreement Term" means the period commencing on the Agreement Date and ending December 3 1 of the Fiscal Year m
wluch the Agreement Date occurs.
"Initial Lease Term" means. with respect to any Equipment Group, the period commencing on the Lease Date and ending on
Dec ember 3 I of the F ,seal Year in which the Lease Date occurs.
"Interest" means the portion of a Rental Payment designated :is and comprising interest as provided in a Payment Schedule .
"Lease " means. with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto . wluc3
tog ether shall consrirute a separate conttact between Lessor and Lessee relating to such Equipment Group.
"Lease Date" means. with respect to each Le:i.se. the date so designated in the related Equipment Schedule.
"Lease Renewal Term" means, with respect to any Equipment group, a period commencing on the January 1 immec!Ja tel y
fo llo wmg the termination of the Irunal Lease Term or preceding lease Renewal Term and ending on the December 31 of such year .
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"Lease Term" means. with respect to each Equipment Group, the period during which the related Lease is m effe ct JS spe cified in
Section 3.1.
"Net Proceeds" means any insurance proceeds or condemnation awards paid with respect to any Equipment remairun g J fter
payment therefrom of :ill expenses incurred in the collection thereof.
"Non-Appropriation" means the failure of Lessee , Lessee 's governing body, or, if applicable. the governmental ennty from wtuch
Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued perfonnan ce b)
Lessee of all of Lessee's obligations wider this Agreement, as evidenced by the passage of an ordinance or resolunon spec tficJll )
prohibiting Lessee from performing its obligations IDlder this Agreement with respect to any Equipment, and from usmg any mone ys to pa)
any Rentll Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years .
"Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule .
"Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule.
"Principal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Sched ule .
"Prepayment Price" means the amount so designated and set fonh opposite a Payment Date in a Payment Schedule indi cann g the
amount for wluch Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on
such Payment Date .
"Rental Payment" means each payment due from Lessee to Lessor on a Pa~ment Date .
"Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered :iny Equipment from J
Vendor .
"State" means the state or conunonwealth in which Lessee is siruated.
"Vendor" means each of the manufactur= or vendors from which Lessee has ordered or with which Lessee has contr:tcted fo r the
manufacture, delivery and/or installation of the Equipment.
Section 1.2. Y1!iJm!. Section
Exhibtt A :
Exlubit B-1 :
Exhibit C-1 :
Exhibit D:
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Exhibit F-1 :
Exhibit F-2 :
Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule.
Form of Tax Agreement and Arbitrage Certificate.
Form of Resolution of the Governing Body of Lessee relaring to each Lease .
Form of Incumbency Certificate as to each officer or representanve of Lessee execunng this Agreement or any
Lease .
Form of Opinion of Independent Counsel to Lessee .
Form of Confirmation of Outside Insurance.
Form ofQuestimmaire for Self-Insurance and Addendwn to Equipment Schedule Relating to Self-Insurance .
ARTICLEll
LEASE OF EQUIPMENT
Secdon 2.1. Acqulsidon of Equipment Prior to the addition of any Equipment Group, Lessee shall provide Lessor with 3
description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected
delivery date and the desired lease terms for such equipment. and such other information as the Lessor may require . If Lessor, in its sole
discrenon, detemunes the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equ ipment
Schedule relating 10 the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no
commitment to lease any equipment to Lessee .
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Section 2.2. Disbursement lessor shall have no obliganon to make :lllV disbursement 10 a Vendor o r re,mburse lessee form,·
payment made to a Vendor for an Equipment Group until five (5) business days ;fter lessor has received all otthe follo"ing in form :ind
subsl:lllce satisfactory to lessor: (a) a completed Equipment Schedule executed by lessee: (b) :in Acceptance C=iicate m the form
included with Exhibit A hereto; (c ) a resolution or evidence of other official action uken by or on behalf of the lessee to authonze the
acquisition of the Equipment Group on the temlS provided in such Equipment Schedule: (d) a Ta.x Agreement :ind Arlntr.1ge Cernfica1e m
the form of Exhibit B-1 (as applicable) attached hereto; (e) evidence of insurance with respect to the Equ,pmen1 Group m comph:ince with
Article VII of this Agreement; (f) Vendor invoice{s) and/or bill(s) of sale relanng to the Equipment Group. and if such in,·01ces have been
paid by lessee. evidence of payment thereof and evidence of official intent to reimburse such payment as rcqlllJ'Cd b . the Code . {g l
financing statements executed by lessee as debtor and/or the onginal certificate of title or manufacrurer·s cemficaie of o mnn and m k
applicanon, if any, for any Equipment which is pan of such Equipment Group and 1s subject to certificate of ntle laws: (h ) a co~leted an d
executed Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury: (i) an opllllon of counsel 10
the lessee subst1ntially in the form ofExlubit E hereto, and (j) :lllY other documents or items reasonably requ,red b y lessor.
Section 2.3. Lease: Possession and Use lessor hereby leases the Equ,pment to Lessee. :llld Lessee ::e re by leases the Eqmpmem
from Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of md peaceably ha"e md hold
each Equipment Group during the related lease Term, except as expressly set forth tn this Agreement
ARTICLE ill
TER.\I
Section 3.1. Term Tius Agreement shall be in effect for the lrunal Agreement Term :md shall be deemed :ene,.,ed fo r ea h
Agreement Renewal Term unless this Agreement expires or is terminated by the earliest of (a ) terminano n under ·ect:o n 3." or 1 1
termination under Secnon 12.2: provided, however, no Equipment Schedules shall be executed after any :S:on-Appropnar:o n o r Evem 0 1
Default Each Lease with respect to an Equipment Group shall be in effect for an lrunal Lease Term and shall be deemed rene\\ed fo r ea h
Lease Renewal Term unless tenninated pursuant to Section 3.4.
Section 3.2. Expir3tion of Le3se In the sole event of Non-Appropnanon. this Agreement shall terrrumie and ea h Le ase
hereunder shall expire, in whole, but not in part, as to all Equipment effecnve upon the last day of the Fiscal Ye::ir fo r wlu h fun ds ·., ere
appropriated, in the manner and subject to the lemlS specified in this Arnc!e. Lessee rriay effect such expll':mon by gi"mg lessor a wn n en
notice of non,rcnewal and by paying to Lessor any Rental Payments and other amounts which are due and have no1 been ;,aid Jt or be tore
the end of its then current Fiscal Y car. Lessee shall endeavor to give notice of such non-renewal not less than runery (90) d3ys pr.or to th e
end of the Fiscll Year for wluch appropriations were made, and shall notify Lessor of any antic ipated non-renewal: pro,·ided :';ulure : s" <
such nonce shall nol constirute an Event of Default. In the event this Agreement expires as provided in this Secnon. Lessee s ha ll ·ompl~
with the msaucnons received from Lessor in Jccordancc with Section 12 .3.
Section 3.3. Effect of Termination Upon termination of this Agreement as provided in Secnon 3.:. Less ee stull n I be
responsible for the payment of any addmonal Rental Payments coming due in succeeding Fiscal Years, but ,fLessee has no1 complied \\1th
the mstrucnons received ftom Lessor 111 accordance with Section 12.3, the termination shall nevertheless be effecnve. but Lessee ha ll e
responsible for the p3yment of damages in an amount equal to the amount of the Rental Payments that would thereafter :iave com e d ue tf
this Agreement had nol been temunated md which are attributable to the number of days after which Lessee fails to comply •.vith Le ss r ·s
msuucnons and for any o ther loss suffered by Lessor as a result of Lessee · s failure to uke such acnons as requtred .
Section 3.4. Expir3tion of Lease Term The Lease Term with respect 10 any Lease will exptre or te:minate upon the occurrence
of lhe fITTt of the follow111g events : (a ) the 1emunation of this Agreement by Lessee in accordance with acnon 3 .1: (b I the payment of the
Prepayment Pnce by Lessee pursu:lllt to Arocle V ; (c ) i1ll Event of Default by Lessee and Lessor 's elecnon to temunate such Lease
pursuant 10 Arncle Xll ; or (d) the payment by Lessee oi all Rene! Payments and all other Jinounts author,zed or requtred 10 be paid by
Lessee pursuant to such Lease .
ARTICLE IV
RENT AL PA Y)'IENTS
Section 4.1. Rental Pa,·ments The Lessee agrees to pay to the Lessor the Rental Payments due as specified m the Payment
Schedule in Exlubi1 A . Such Funds shall be used by the Lessor solely for the purpose of paying the principal and interest due pursuant to
tlus Agreement. A poruon of e3Ch Rental Pa:,,ment is paid as interest as specified in the Payment Schedule of each le:i.se. and the ftrst
Rental Payment will mclude In1eres1 accruing from the Funding Date. Lessor is authorized 10 insert the due date of the fim Rental Payment
111 the Payment Schedule in Exhibit A. All Rental Payments shall be promptly remined by the Lessee to the Lessor. or to such ass,gnee(s)
Lessor has :i.ssigned as stipulated ,n Amcle XI, at such places as Lessor or such assignee(s) rriay from time to tune dcs,gnate by wnnen
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notice to Lessee . Lessee shall pa y the Rental Payments with lawful money of the United States of America from moneys legJlly J\ J1!Jble
thereof.
Section 4.2. Current Expense The obligations of Lessee, including its obligation to pay the Rental PaymenL~ Jue m an y FtscJ I
Ye:ir of a Lease Tenn, shall constitute a current expense of Lessee for such Fiscal Ye:ir and shall not be construed or int erpreted (JI to
directl y or indirectly obligate the Lessee to make any payment in any Fiscal Year in excess of amounts appropriated for suc h Fiscal Year :
(b) as creating a debt or multiple fis cal ye:ir direct or indirect debt or other financ ial obligation whatsoever of the Lessee within th e me:uung
of Article XI , Section 6 or Article X. Section 20 oi che Colorado Constitution or any other constitunonal or statutory limitanon or prons1on.
(c) as a delegation of governmental powers by the Lessee; (d ) as a loan or pledge of the credit or faith of the Lessee or as cremng an ,
responsibility by the Lessee for any debt or liability of any person. company or corporation within the meaning of Article XI . Secnon I of
the Colorado Constitution; or (e) as a donation or grant by the Lessee to , or in aid of, any person. company or corporation walun the
meaning of Article XI. Section 2 of the Colorado Constitution. Nothing herein shall constitute a pledge by Lessee of any tax es or other
moneys (other than moneys lawfully appropriated from rime to time by or for the benefit of Lessee for this Agreement an d the '-et
Proceeds of the Equipment) to the payment of any Rental Payment or other amount coming due hereunder.
Section 4.J. Unconditional Rental Pavments Except as provided in 3.2 and 4.2. the Lessee's obligation to make Renta l
Payments shall be absolute md unconditional. Also, any other payments required hereunder shall be absolute and uncon di nona l. L~s see
shall make these payments when due and shall not withhold any of these pa~ments pending fina l resolution of any disputes. Th e Lesse~
shall not as ~m any right of set-off or counterclaim against its obliganon to make these payments . Lessee ·s o b lig ati on to make Renta l
Payments or other payments shall not be abated through accident, unforeseen circumstances. failure of the Equ ipment to perform i s
desired. damage or desauction to the EquipmenL loss of possession of the Equipment or obsolescence of the Equipment. The Lessee sha ll
be obligated to connnue to make pa,ments requtred of it by this Agreement if title to , or temporary use of. the Eq uipment or :m y pan
thereof shall be taken under excrctSe of the power of eminent domain.
ARTICLEV
OPTION TO PREPAY
Section 5.1. Option to Prepav Lessee shall have the option to prepay its obligations under any Lease tn whol e bu t not tn pan on
an y Payment Date fo r the then applicable Prepayment Price (which shall include a prepayment fee ) as set fo rth in th e re lated Pa yment
S hedule , provided there has been no '.',:on-Appropriation or Event of Default.
Section 5.2. Exen:iw or Option Lessee shall give notice to Lessor of its intention to exercise its opnon not less than thm y (30 I
da ys pnor ro the Payment Dare on wlu ch the option will be exercised and shall pay to Lessor nor later than such Payment Date an amount
equa l to all Renta l Pa>mcnts and any other amounts then due or past due under the related Lease (including the Rental Payment due on the
Payment Date 1)0 which the opnon shall be effective) and the applicable Prq,ayment Price set forth in the related Payment Schedule. In the
ev ent that all such amounts arc nor received by Lessor on such Payment Date, such notice by Lessee of exercise o f shall be void an d the
re lated Lease shall continue in full force and effect
Section 5.J. Release or lessor's Interest Upon receipt of the Prq,ayment Price in good funds with respect to any Equ ip ment
Group . the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to su ch Equipment Group . .\S IS .
WHERE IS, WllliOUT WARRA.'JTIES, EXPRESS OR IMPLIED, INCLUDING WARRA~'TIES OF ).IERCH..\)il'AB!LITY OR
FITNESS FOR ANY PARTICL"l.AR PURPOSE OR F!Thl:SS FOR IBE USE CONTEMPLATED BY LESSEE. except th at such
Equ ipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor.
ARTICLE VI
REPRESE:-IT A TIONS, W ARRA'fflES AND COVENA.'1TS
Section 6.1. Representations :and Warranties or Lessee Lessee represents and warrants as of the Agreement Date and as of
each Lease Date as follows :
(a) Lessee is a state or polincal subdivision of the State within the meaning of Secnon 103 (c) o f the Code. du ly orgaruzed and
exi sting under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this
Agreement each Lease and the transactions contemplated hereby and thereby, and to perform all of its obliganons under this Agreem ent
and each Lease .
(b) The exe cution and delivery of this Agreement and each Lease have been duly authorized by all necessary ac tion of Less ee · s
gov erning body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement each
Lease and the acquisition and finan cing of the Equipment by Lessee .
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(c) Titis Agreement and each Lease have been duly executed and delivered bv and constitutes the valid and bmdmg obhganon of
Le ssee, enforceable against Lessee in accordance with their respective terms . · --
(d) Toe execution. delivery and pcrfonnance of this Agreement and each Lease by Lessee shall not (i) violate :m y State or fe der.i l
law or local law or ordinance. or any order, wril injl.Ulction. decree, or regulation of any court or other governmental agency or body
applicable to Lessee. or (ii ) conflict with or result in the breach or violation of any term or provis10n o f. or consnrute a default Wi de r. :in y
note. bond. mortgage . indenture. agreement. deed of trust, lease or other obligation to which Lessee 1s bo1.U1d .
(e) There is no acnon, suit, proceeding, claim. inquiry or investigation. at law or in eqwry, before or by an y court. rcgu !J tory
agency. publ ic board or body pending or, to the best of Lessee 's knowledge. threatened against or affecnng Lessee. challenging Le ssee 's
authonty to enter mto this Agreement or any Lease or any other action wherein an Wlfavorable ruling or finding would advers e ly affect the
enforceability oftlus Agreement or any Lease .
(f) ~o lease. rental agreement, lease-purchase agrcemenl payment agreement or contract for purchase to wlu ch Lessee has been a
party at any nme dunng the past ten ( I 0) ycm has been tcnninated by Lessee as a result of insufficient funds be,ig appropnated m :m ,·
Fiscal Year. No event has occurred which would constirute an event of default Wider any debt. revenue bond or obliprion wluch Lessee
has issued dunng the past ten ( 10) ycm.
(g) Lessee or Lessee's governing body has appropriated and/or taken other lawful acnons ne c essary to prov ide moneys sufficie:n
to pay all Rental Payments during the current Fiscal Year. and such moneys will be applied m payment o f all Renta l Payments due :ind
payable during such current Fisc:il Year.
(h) Lessee has an IIlUTlediate need for. and expects to make immediate use of. the Equ ipment. whic h need 1s not temporary or
expected to diminish during the applicable Lease Term. Lessee presently intends to connnue each Lease hereunder fo r its ennre Lease
Term and to pay all Rental Payments relating thereto .
(i) Lessee has undertaken reasonable efforts to determine whether 311 m:itenal Date .\ffected ln fo rm:irion T ec hn o logy us ed in its
business oper:inons is Full y Date Capable. and, to the extent ne cessary. Lessee has UJJOared efforts ro make Date .\ffect ed ln fo rma non
Technology Fully Date Capable prior ro the date that the failure to be Full y Date Capable would aversely affect the oper:ino n thereof )
Section 6 . .?_ Covenants of Lessee Lessee agrees that so long as :m y Rental Payments or other amounts due under this .\greement
remain unpaid:
(a) Lessee shall not mstall. use . operate or maint.1in the Equipment improperly. careles s ly. m v1olanon of an y app licable law or
regulation or in a m:inner contrary to that contemplated by this Agreement. Lessee shall o btam :md m:imram all pemuts :md li c enses
necessary for the mstallanon and oper:inon of the Equipment. Le ssee shall not. without the pnor wntten consent o f Les so r. affix or msta ll
any accessory equipment or device on any of the Equrpment 1f such addtnon wou ld change or unpair the ongmally mtended fun cnons.
value or use of such Equipment
(b) Lessee shall provide Lessor access at all reasonable nmcs to examine and m.spect the Equipment and provide Le ssor with such
ac cess to the Equipment as may be reasonably necessary to perform maintenance on the Equipment m the event o f failur e by Lessee to
perform its obliganons hereunder.
(c) Lessee shall not , directly or indirectly, create. incur, assume or suffer to exist any mortgage. pledge. lien_ charge. encumbrance
or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herem provi ded. Less ee sha ll
promptly. at its own expense. take such acnons as may be necessary duly to discharge or remove any such claim lf the same sha ll m se at
any nme. Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove an y such claim.
(d) Toe person or entiry in charge of preparing Lessee 's budget will include in the budget request for each Fiscal Year the Rental
Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropnanon of
money for such Fiscal Year sufficient to pay all Rental Payments coming due thcrcm. Lessor acknowledges that approprianon for Rental
Payments is a governrnental function which Lessee carmot contraclll3lly corrunit itself in advance to perform. Lessee acknowledges that
this Agreement does not consnrute such a corrunianent. However. Lessee reasonably bc !ie,..es that moneys man amount sufficient to make
all Rental Payments can and will lawfully be appropnatcd and m:ide available to pemut Lessee 's connnued utilization of the Equipment m
the pert'ormance of its essential funcnons during the applicable Lease Terms.
( e ) Lessee shall assure thar its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property.
other than the Equipment. and that the Rental Payments will not be directly or indirectly secured by or denved from :my payments o f :in y
type or :in y fund other than Lessee's general purpose fund.
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(f) Upon Lessor's request Lessee shall provide Lessor with current financial statements. budgets. and proof o f appropna non for
the ensuing Fiscal Year and such other financial lllformation relating to the ability oi Lessee to continue this Agreement :ind each LeJ.Se J.S
may be reasonably requested by Lessor.
(g) Lessee shall promptly and d uly execute and deliv er to Lessor such funher documents. instruments and assurances and tak e
such further action as Lessor may from time to time reasonably request in o rder to carry out the intent and purpose of this Agreement Jnd to
establish and protect the nghts and remedies created or intended to be created in favor of Lessor hereunder.
Section 6.3. Tu Related Representations. Warranties and Covenants
(a) ln corpo ran on of Tax Agreement and Arbitrage Cerrificare . As of each Lease Date :ind with respect each Lease . Lessee make s
each of the rq,resen1ations. warranties and covenants contained in the Ta.'< Agreement and Arbitrage CertificJte del ivered ,vtth re sp ect o
such Lease . By this reference each such Ta.'< Agreement and Arbitrage Certificate is incorporated in and made a pan of this . .\greement .
(b ) Event of Ta:cab,liry. If Lessor either (i) receives notice, in any form. from the lmemal Re venue Sernce o r \ii) reas ombly
determines. based on an opinion of independent ti.'< counsel selected by Lessor, that Lessor may r.o t exclude :iny Interest paid under ,n)
Lease from its Federal gross income (each an "Even! of T:IX:lbility "). the Lessee shall pay to Lessor upon demand (x) an :imount wlu c~.
with respect to Rental Payments previously paid and taking into acco unt all penalnes. fines . interest :ind additions to tax (inc ludmg J I!
federal. state and loc al tl.'tes imposed on the Interest due through the date of such event). will restore to Lessor its after-tax yield ( assunung
ta.'< at the highest marginal ta.'< rate and taking into account the nme of receipt of Rental Pa~ments and reinvesnnent at the Jfter-tax \'1 e !d
ratei on the transaction evidenced by such Lease through the date of such event and (y ) as additional Rental PJyments to Le ssor o n eoc~
succeeding Payment Date such amount as will mamtam such after-tax yie ld to Lessor.
ARTICLE VU
lNSL'JU."1/CE A,"11D RISK OF LOSS
Section 7.1. LiabililV and Propenv Insurance Lessee shall. at tts o wn expense. procure and mamtain co nnnuously 111 effect
during the Initial Lease Term and each Lease Renewal Term: (a ) public liabtlity msur.mce for death o r inJuries to perso ns . or d:im,ge ,o
property arismg out ofor in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liabtl itv U1 all ~vents. "tL"l
a coverage of not less than 51 ,000.000 per oc=ce un less specified differently m the related Equipment Schedule. and (b) msurJ nce
agamst such hazards as Lessor may require. including, but not limited to. aU-nsk casualty and property U1surance, in an amount ~qu a! o the
greater of the full replacement cost of the Equipment or the applicable Prq,a:,,ment Pnce of each Equipment Group.
Section 7.2. Worken ' Compensation Insurance If required by State law, Lessee shall carry workers · compensaaon msu rJnce
co,·enng all employees on. m. near or about the Equipment, and upon request shall furnish to Lessor cemficates ev1dencU1g su h o ,erage
throughout the Lease Term.
Section 7.3. Insurance Requirements
(a ) Insuran ce Pnliczes . All insurance policies required by this Article shall be taken out and mamtained with msur:mce
comparues acceptable to Lessor :md shall contam a provision that thirty (30) days prior to any change in the coverage the msurer mu st
provide wntten nonce to the insured pames. No msur:mce shall be subject to any co-insurance clause. Each msurance pol icy shall name
Lessor and/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other Jct or o rru ss1 on oi
Lessee and shall U1ciude a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Pnor to the delivery of Equ1pm e:1t.
Lessee shall deposit wi th Lessor evidence satisfactory to Lessor of such insurance and. prior to the expiratton thereof, shall pro,·1de Le ssor
evidence of all renewals or replacements thereof.
(b ) Self Ins urance . With Lessor's prior consent Lessee may self-insure the Equipment b y means of an adequate msuran ce fu nd
set aside and mamtained for that purpose which must be fully described in a lener delivered to Lessor in form acceptable to Les sor.
(c) Evidence of Insurance . Lessee shall deliver to Lessor upon acceptance o f any Equipment evi dence of insurance wh ich
complies with this Article VII with respect to such Equipment to the satisfaction of Lessor. including , without lirrutarion. the confirmanon
of insurance tn the form of Exhibit F-1 anached hereto together with Certificates of Insurance, when available. or the Quesnonna1re fo r
Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance in the form of Exhibit F-2 attached hereto. as applicabl e .
Section 7..&. Risk of Loss To the extent pennined by applicable laws of the State as between Lessor and Lessee, Lessee assumes
all risks and liabilities from any c:iuse whatsoever. whether or not covered by insurance. for loss or damage to any Equipment and for inJury
to or death of any person or damage to any property. This provision shall sun·1ve the tennination of this Agreement.
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Section 7.5. Destruction of Equipment Lessee s hall provide a complete wnnen repon to Lessor unmed1ate ly u pon :my loss.
theft. damage or destrucnon of :m y Equipment and of any accident 1nvolving an y Equipment. Lessor may mspect the Equipment at :m y
nme and from rune to rune dunng regular business hours. Subject in all cases to Secnon 3.2 and 4 .2. if all or any pan of the Equipment 1s
sto len. lost. destroyed o r damaged beyond repair ("'Damaged Equipment''), Lessee shall witlun tlurty (30) da ys after such event either: (a )
replace the same at Lessee's sole expense wtth equipment having substantially similar Spec1ficanons and of equal or greater v a lue to the
Damaged Equipment immediately prior to the time of the Joss occurrence. such replacement equipment to be subJect to Lessor·s appro,a l.
whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents b y appropnate
endorse ment or amendment: or (b) pay the applicable Prepayment Pnce of the Damaged Equipment detenruned as set ronh m the related
Equipment Schedule. Lessee shall notify Lessor of which course of action it will take w1thm fifteen ( 15 ) days atier the los s occurrcnc :. Ii.
wttlun fony-tive (45) days of the loss occurrence. (a) Lessee fails to notify Lessor: (b ) Lessee and Lessor fail to execute :m amendme:it to
the applicable Equipment Schedule to delete the Damaged Equipment and add the replacement equipment or \c ) Lessee has failed to pay
the applicable Prepayment Pnce. then Lessor may, :it its sole discretion. declare the applicable Prepayment Pnce of the Damaged
EquipmenL to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made
available by Lessor to be applied to discharge Lessee· obligation under this Section.
ARTICLEVIll
OTHER OBLIGATIONS OF LESSEE
Section 8.1. '.\'laintenance of Equipment Lessee shall notify Lessor in wnnng pnor ro mov1ng the Equipment to an other ad.ires,
and shall otherwise keep the Equipment :it the address specified in the related Equ ip ment Schedu le . Le ssee shall. at 1ts own expense .
maintam the Equipment m proper working order and shall make all ne cessary repairs and replacements to keep the Equipment m su ch
condition including co mpliance with State and federal laws. Any :md all rep lacement pans must be free of encumbrances and liens . Al
such replacement parts and accessories shall be deemed to be incorporated imme diately mto and to consnrute an integral po mon o i the
Equipment and as such. shall be subJect to th e terms of this Agreement. All obligations of the Lessee under this Secnon shall be subie:t ro
Secnon 3.2 and -U.
Section 8.:. T~xes Lessee shall pay all taxes :md o ther charges wluch are assessed o r levi ed agamst the Equipment. the Renta l
Payments or any pan thereof o r which become due dunng the Lease Term.. whether assessed against Le ss ee o r Le ssor. except as ex press!~
linu ted by this Secnon. Le ssee shall pay all unlmes and other charges incurred in the o peranon. rnamtenance. use. occupancy and upkeep
of the Equipment. :md all special assessments and charges lawfully made by any goverrunental body that may be secured by a lien o n the )
Equipment. Lessee shall not be required to pay any federal. state or local income. succession. trans fer. franchise . profit. excess protiL
capital stock. gross receipts. corporate . or other sirrular tax payable by Lessor. its successors o r assigns . uruess such tax 1s made as l
subsntute for any tax . assessment or charge which ,s the obliganon of Lessee under tlus Section. A ll obhganons o f the Le ssee under tlu
Section shall be subiect to Secnons 3.2 and 4 .2 .
Section 8.J. Ad,·ances SubJect to Secnons 3.2 :md 4 .:!. if Lessee shall fail to perform any of its o bhgat1ons under tlus Arnc !e .
Le ssor may take such action to c ure such failure. including the advancement of money, and Lessee shall be ob li g ated to repl) all su h
advances o n demand. with mterest at the rate of 18% per annum or the ma.xirnum rate permined by law. wht hever ,s le ss. from tl1e d.:ite o f
the advance to the date of repayment.
ARTICLE IX
TITLE
Section 9.1. Title. Ownership and lega l title of all Equipment and all replacements, sub sntuuo ns. repatrs and modificanon sha ll
be in the name of Lessor and Lessee shall take all acnon necessary to ves t such ownership and ntle m the Lessor. Lessor has ownership and
legal ntle to the equipment solely for purposes of establishing a mortgage in the Equipment pursuant to Secnon 9 .2. and by this Agreement
and each Lease. is merely fin:mcing the acquisition of such equipment for Lessee. Lesso r does nm operate. control or have possess10n o f
the Equipment :md has no control over the Lessee or the Lessee·s operation, use, storage o r mamtenance of the Equipment. In the e•:ent o f
assignment by the Lessor o f the Rental Payments and other amounts due under tlus Lease. Lessor shall continue to hold ntle to the
Equ1pme:it. Lessor shall nottfy Lessee specifically with respect to any transfer of legal title to the Equipment.
Section 9.~. Securi1'· Interest Lessee hereby grants to Lessor a connnuing, first priomy perfected secunty mterest m and to the
Equipment and all repairs. replacements, substitutions and modifications thereto m order to secure Lessee ·s payment of all Rental :'~}ntents
and the performance of all other o bligations. Lessee will join with Lessor in executing such fina.ncing statements or other documents and
will perform such Jets as Lessor may request to establish and maintain Lessor"s valid iirst lien and perfected secunty interest If requeste d
by Le ssor , Lessee shall obtain a la.ndlord and/or mongagee ·s consent and waiver with respect to the Equipment. If requested by Lessor.
Les see shall conspicuously mark the Equipment. and maintain such markings during the Lease term.. to clearly disclose Lessor 's secunrv
interest m the Equipment. Upon tcnnination of:,. Lease through exercise of Lessee ·s opnon to prepay pursuant to Amcle V o r throuuh
payment by Lessee of all Rental Payments and other amounts due with respect to an Equipment Group. Lesso r's secunry mterest m su~h
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Equipment group shall ternunate , Le ssor shall execute and deliver to Lessee such documents as ma y be necessary to evidence tr.llls ter oi
otle in such Equipment Group to Lessee . :ind Lessor shall execute and deliver to Lessee such documents as Lessee ma y reaso nabl y request
to evidence the termination of Le ssor's sec urity interest in such Equipment Group.
Section 9.3. '.\<lodification of Equipment Lessee will not. without the prior wrinen consent of Lesso r. affix or install an·.
accessory equipment or device on an y of the Equipment if such addinon will change or impair the onginally intende d value. funco on or use
of the EquipmenL
Section 9.4. Personal Proper!\' The Equ ipment ts and shall at all rimes be :ind remain personal property and not fixnms .
ARTICLE X
W ARRA.i'IITIES
Section 10.1. Selection of Equipment Each Vendor and all of the Equtpment have been selec ted by Lessee . Le sso r shall ha,·e
no respons ibility in coMection with the selecnon of the Equipment. the ordering of the Equipment. its suitability for the us e mten ded by
Lessee, the acceptance by an y Vendor or its sales representative of any order submined. or :iny dela y or failure by such Ve ndo r or 1ts sale s
rcpre sentanve to manufacture. deliver or lll513ll any Equipment for use by Lessee .
Section 10.2. Vendor's Warranties Lessor hereby assigns to Lessee fo r J.11d during the related Lease Tenn. all of its mtere st. 1i
an y, in all Vendor 's warrannes. guarantees and patent indemnity protecnon, expre ss or IITlplied issued on or applicab le to J.11 Equ 1pme~1
Group. and Lessee may obtain the customary services furmshed in coMecnon with such warranties and guar:in1ee s at Le ssee· s e,pe~.;e
Lessor has no obliganon to enforce :m y Vendor's warranties or obligations on behalf of itse lf or Le ss ee .
Section 10.3. Disclaimer of Warr:mties LESSEE ACIC'-10\VLEDGES TIL\T THE EQ L1P'.\'1E'.','T IS OF A SIZE. DE lG'-.
CAPACITY, AND MANLl'ACTI,"RE SELECTED BY LESSEE . LESSEE AC!C'iOWLEDGES THAT IT SELE nfE
EQUIP'.\,IENT wrrnoUT ASSISTANCE OF LESSOR, ITS AGEYfS OR E:'vlPLOYEES . LES SOR !S 'JOT A '.\L.\:--.1. "FACTl "RER OF
THE EQu1P:'v1E:srf OR A DEALER IN SI:'v!Il.AR EQL1P:'v1E'.'iT , A'.'ID DOES 'JOT [l\;SPECT THE EQLlP'.\IE:--.'T BEF IJ R!:
DELNERY TO LESSEE . LESSOR '.\'1AKES NO WARRA:-iTI OR REPRESE::--iT .\TIO N, ErrnER EXPRE SS OR !'.\,ll'LI ED. \ -0
1HE VALUE. DESIG N. CONDITIO'l. QUALITY . DURABILITY , SLHABILITY. :'vlERCHANT-A BLLllY OR FrniE S FOR .\. :y
PARTICULAR PURPOSE OR FIDiESS FOR THE L·sE CO~'TE'.\.IPLATED BY LESSEE OF 1HE EQ L1P'.\I E'.\'T. OR AXY 0TH R
REPRESENTATION OR WAR.RA'JTY \\'lTH RESPECT TO THE EQ UIP:'vlE:srf. IN ::--iO EVE'.'.T SHAL L LE SSO R BE LL.\BLE
FOR ANY (J'.;C!DE . TAL OR CONSEQLcNTIAL DA.'vlAGES IN C01"l\cCT10i': \vlTH OR ARJSr.s:G OL'T OF nw
AGREE:'v!E . if OR THE EQ l,lPME:--.'T OR LESSEE 'S CSE OF THE EQ t.:IP:'v!E'.'<T.
ARTICLE XI
ASSIGNMUIT A.'IID SliBLEASDiG
Section 11.l. Assignment bv Lessor Lessor, without Lessee's consent. may assign and reass ig n all or part oiLessor's nght. mJe
and or interest in :md to this Agreement or :iny Lease , including, but not limited to. the Rent1 l Pl~ments and other :im ounts pl yable by
Lessee and Lessor 's interest in the Equtpment, in whole or in part to one or more assignees or subas sign ee(s) by Le sso r at an y tune . :,.:0
such assignment shall be effective as against Lessee unless and until wnnen nonce of the assignment 1s provided to Les see. When
prese nted with a notice of assignment. Lessee will acknowledge in writing receipt of such nonce fo r the bene fi t of Le sso r and an y assi 2 nee
Lessee shall keep a complete :md accurate record of all such assignments . ·
Section 11.2. Assignment 3nd Subleasing bv Lessee :-leither this Agreeme:lt nor :in y Lease or an y Equtpment ma y be :migned.
su bleased, sold. transferred. pledged or mongaged by Lessee .
ARTICLEXD
EVENTS OF DEFAULT AND RDIEDIES
Section 12.1. Events of Default Defined Toe occumoce of an y of the following events shall consn tu te an E\'ent of Defau lt
under this Agreement and each Lease :
(a) Lessee's failure to pay, within ten (10) days following the due date thereof. ilDY Rental Payment or other :imount requir ed to be
paid to Lessor (other than by reason of Non-Appropriation ).
(b) Lessee's failure to maintain insurance as required by Article VII .
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(c) W ith the e:ot cepnon of the above c buses (a) & (b ), Lessee·s failure to perform or abide by Jny condinon. Jgreement or
covenan t o r a penod of llurty (3 0) days Jfter wrinen nonce by Lessor to Lessee specifying such failure JDd requesting that ,t be remedied.
unless Less or sha ll Jgree in wnring to JD e:ottens1on of tune pnor to its e:otpir:mon .
(d ) Le ss or's detemtination that Jny represenucon or warranty made by Lessee in this Agreement was untrue in an y mate n al
respect upon e:otecucon of this Agreement or :iny Equipment Schedule.
(e) The occurrence of JD Event ofTa.ub1lity.
(f) The filing of a pennon in bankruptcy by or agJtnSt Lessee. or failure by Lessee promptly to lift JDy e:otecunon. garrushmem r
anachrnent of such conseq uence as would impair the ability of Lessee to carry on its govemmenul funcoons or assignment by Le ssee for
the benefit of creditors. or the entry by Lessee into an agreement of composition with creditors. or the lpproval by a coun of competent
1unsdicoon of an y adjuscment of indebtedness o f Lessee. or the dissolution or liquidation of Lessee .
Section 12.2. Rrmrdin on P!fault t:pon the occurrence of any Event of Default Lesso r s bail have the right at its o pnon Jnd
without any funher demand o r nonce to one r more or all of the following remedies:
(a) Lessor. with or without temunanng this Agreement or any Lease, may declare all R enul PJyments immediately du e and
payab le by Lessee. whereupon such Rent:11 Pa )ments shall . sub1ect to Sections 3.2 and 4.2. be immediatel y due and payab le .
(b) Lessor. with o r without temunanng tlus Agreement or JD Y Lease. may repossess an y o r JU of the Equipment by gi ving Lessee
wrinen nonce to deli ver suc h Equipment in the mJDner provided in Secnon 12 .3 ; or in the event Le ssee fa ils to do so within ten (10\ dJ ys
after rece ip t of such nouce. Lessor rn:i y enter upon Le ssee 's premises where such Equipment 1s kept and t.ike possession of such
Equipment and charge Lessee for coSts 1J1curred. including reasonable anomeys· fees . Lessee hereby expressly wa ives any damJges
occasioned b y such repossession . If the Equipment or any pomon has been destroyed. Lessee shall pav the lpplicable Prepayment Pnce of
the destroyed Equ ipment as set forth 1J1 the related Payment Schedule. Regardless of the fa ct that Le ssor has taken possess io n of the
Eqmpment. Lessee shall connnue to be responsible fo r the Renral Payments due durmg the Fiscal Year.
(c) If Lessor terminates tlu s Agreement and'or any Lease JDd. in its discrenon. takes possession and di sposes of Jny or JII 0 1 the
Equipment Lessor shall apply the proceeds of any such disposmon to pay the follow1J1g items in the following order : (i) Jll costs
(including, but not limited to, anomeys · fees ) incurred in securing possession of the Equipment: (ii ) Jll expenses in curred in completing the
disposition: (iii) any sales or transfer cixes , (i\') the applicable Prepayment Pnces of the Equipment Groups : and (v) the balance o f any
Rental Payments owed by Lessee during the Fiscal Year then in effect. Any disposition proceeds remaining after the requirements of
Clauses (i). (ii). (iii), (iv) and (v) ha\'e been met shall be paid to Lessee.
(d) Lessor may take any other remed y ava,!Jble. at law or in equity. with re spect to such Event of Default mclud1J1 g tho se
requinng Lessee to perform an y of ,ts o bliganons or to pay any moneys due and payable to Lessor and Lessee shall pay the rea so na ble
anomeys ' fees and expenses incurred by Lesso r m enforcing any remedy hereunder.
(e) Each of the forego1J1g remedies 1s cwnulan\'e and may be enforced separately or concurrently.
Section 12.3. Return of Equipment: Rrluse of Lesser·s Interest l.ipon termination o f any Lease pnor to the payment of Jll
related Rental Payments or the applicab le Prepayment Pnce (whether as result of '.'Jon-Appropnanon or Event of Default), Lessee sha ll.
subj ect to Secnons 3.2 and -+.2. with1J1 ten ( 10) days after such termination. at its own e:otpense : (a) perform an y tesnng and repairs requrred
ro place the re!Jted Equipment in the condinon required by Ailiclc VTil : (b) 1f deinsullanon. disassembly or cranng 1s required. cau se such
Equipment to be deinsralled. disassembled and crated by an authorized manufacrurer"s represenun"e o r such o ther sernce person as 1s
san sfactory to Lessor: and (c) rerurn such Equipment to a locanon within the City limits of the Lessee spectiied by Le ssor. fre ight and
in surance prepaid by Lessee. If Le ssee refuses to rerurn such Equipment in the manner designated, Lessor may reposse ss the Equipment
with out demand or notice JDd without coun order or legal process and charge Lessee the costs of such repossession.
Section 12.-l Late Charge. Lessor shall have the right to require late pa)ment charge for each Renul or m y o ther amount due
hereunder which 1s not paid \\lthin 10 days of the date when due equal to the lesser of 5% of each late pa~ ment or the legal maxlll1um. Thi s
Secnon ,sonly applicable to the extent it does not affect the validity of this Agreement.
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ARTICLE XIII
MISCELLANEOUS PROVISIONS
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Section 13.1. Notices All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at
its address specified beneath each party's signature, or at such ~ as the party may provide to the other parties hereto in wnnng from
time to time . Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in reg istered or
certified form. with postage fully prepaid, or, if given by other means, when deliverecht the address specified in this Section 13 .1.
Sec:tion 13.2. Binding Effect This Agrcemcnt and each Lease hcmmdcr shall be binding upon and shall inure to the benetit of
Lessor and Lessee ;ind their respective successors and assigns . Specifically, as used herein the term "Lessor" mc;ms my person or ennty ro
whom Lessor has assigned its right to receive Rental Paymcms under any Lease.
Section 13.3. Se,,erabilitv In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by
any coun of competent jurisdiction, such holding shall not invalidate or render unenforceable ;my other provision hereof.
Sec:tion 13.4. Entire Agreement; ,\Jllendmepg This Agreement constitutcs the entire agreement of the parties with respe ct to
the subject matter hereof and supersedes all prior and contcmponncous writings, undcrsundings. agreements , solicitation documents md
representations. express or implied. This Agreement may be amended or modified orily by written documents duly authorized, execute d
and delivered by Lessor and Lessee .
Sec:tion 13..!. Captions The captions or headings in this Agreement are for convenience orily md in no way define. lm1Jl or
descnbe the s.:opc or intent of any provisions. Anicles. Sccnons or Clauses hereof.
Section 13.6. Further Assurances yd Correctjye lastruments Lessor and Lessee agree that they will . from nme to tune .
execute, acknowledge and deliver, or cause to be cxeculed, acknowledged and delivered, such supplements hereto md such further
insaumcnts as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leas ed or
intended so to be. or for otherwise carrying out the expressed intennon of this Agreement.
Sec:tion 13.7. Governing Law This Agreement shall be go,·emcd by and construed in accordance with the laws of the State .
Section 13.8. lisurv It is the intention of the parties hereto to comply with any applicable usury laws ; accordingl y, it 1s agreed
that. notwtthstanding any provisions to the contrary herein or in any Equipment Schedule. in no event shall this Agreement or any Lease
hereunder require the payment or permit the collcction of Interest or any amount 111 the nature of Interest or fees in excess of the maxunun1
amount permitted by applicable law . Any such excess Interest or fees shall first be app lied to reduce Principal. and when no Prin cipal
mnains, refunded to Lessee . In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of
Interest shall be spread through the applicable Lease Term so that the Interest is uniform through such tenn.
Sec:tion 13.9. Lcslff's Performance A failure or delay of Lessor to enforce any of the provisions of this Agreement or an y Lea se
shall in no way be construed to be a waiver of such provision.
Section 13.10. Wah·cr or Jurv Trial Lessor and Lessee hereby waive any right to trial by jury in any action or proceedm g w ith
respect to , in coMecnon with or arising out of this Agreement
[RE~fNDER OF PAGE LEFT INTENTIONALLY BLANK]
IO-ESC.DOC Ot(l,oo v:i; 10
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EXEClmON PAGE OF MASTER LEASE AGREEMENT
LEASE NUMBER 01
IN WITNESS WHEREOF, Lessor bas caused lhis Agreement to be executed in its corporate name by its duly authorized officer, and
Lessee has caused this Agr=ncm to be executed in its name by its duly authorized officer.
City of En&lewood,
Lessee
By : ___________ _
Name : ___________ _
Title :------------
Date :------------~
Addrns : 1000 Englewood Parkway
Englewood. CO 80110
Telephone : 303-i 62-2300
FacsUIUle : 303 -7 89-1125
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Sutro & Co. Incorporated.
Lessor
By : ____________ _
Name : ___________ _
Title :------------Date: ___________ ~
Address : 165 South Union Boulevard. Sune 450
Lakewood, CO 802:?8
Telephone: 303-988-5800
Facsimile : 303-988-6300
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EXHIBIT A
EQUIPMENT SCHEDULE :>JO. 01
TO LEASE NO. 01
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The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as of the
6th day of December, 2000 (the "Agrecmcnt'1 between the lllldcrsigncd Lessor and Lessee . The Agreement 1s incorporated herein in its
entirety, and Lessee hereby reaffmns each of its representations, wunnties and covenants contamcd in the Agreement. Lessee wamnts
that no Non-Appropriation and no Event of Default, or event which. with the passage of time or the giving of notice or both. wo uld
constimte an Event of Default. bas occurml under the Agreement. An Acceptance Certificate and Payment Schedule arc at!3Ched to tlu s
Equipment Schedule and by reference arc made a part hereof. The terms capitalized in this Equipment Schedule but not define d hcre m
shall have the meanings assigned to them in the Agreement.
EQUIPMENT GROUP
The cost of the Equipment Group to be funded by Lessee under this Lease is $396 ,047.50 (the "Acquisition Cost "). The
Equipment Group consists of the following Equipmcnl which has been or shall be purchased from the Vendor(s) named below for th e
prices set fonh below:
[)Dformalloa it attacbed betttol
The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or J.!l )
portion thereof dunng the Lease Term, Lessee will provide wntten notice to Lessor :
City orEnclewood,
Lessee
:~-: -:.-=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--= Tide : ------------
Date :------------
Address : I 000 Englewood Parkway
Englewood. CO 80110-2304
Telephone : 303-762-2300
Facsunilc : 303-789·1125
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1000 Enpwooo Parkway
Eqlewood, CO 80110
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Sutro & Co. Incorporated.
Lessor
l:ly: __________ _
Name : -----------
Tide: Date : _________ ~
Address : 165 South Union Boulevard.. Su11e 450
Lakewood, CO 80228
Telephone: 303·988-5800
Facsimile: 303-988-6300
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Lease No .: OJ
Equipment Schedule: 0 I
ACCEPTANCE CERTIFICATE
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I, the undersigned. hereby certify that I am the duly qualified and acting officer of the Lessee identified below and, with respect to
the above referenced Equipment Schedule and Lease, that :
I. All Equipment set forth in Equipment Schedule No. 1 has been delivered and installed in accordance with Lessee · s
specific:11ions. IS in good working order and is fully operational and has been fully accepted by Lessee on or before the date indicated
below .
2. Aaachcd are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement; (b)
Vendor invoice(s) and/or bill(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment
thereof ( evidence of official in11:nt to reimburse such payment as required by the Code having been delivered separately by Lessee); and ( c)
financing sllltements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title
application, if any, for any Equipment which is subject to certificate of title laws .
3. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule
attached to the Equipment Schedule . Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to
pay all Rentll Payments required to be paid under the Lease for the next Fiscal Year of Lessee . Such moneys will be applied in payment of
all such Rental Payments due and payable during such Fiscal Year. Lessee anticipates that sufficient funds shall be available to make lll
Rental Payments due in subsequent Fiscal Years .
4. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cost of the Equipment by reimbursing Lessee for in voice
prices previously paid by Lessee .
5. Final Acceptance Cenificate. 1bis Acceptance Certificate constirutes final acceptance of all of the Equipment idennfied in )
the Equipment Schedule described above . Lessee certifies dw upon payment in accordance with paragraph 4 above Lessor shall have full y
and satisfactorily performed all of its covenants and obligatiom under the Lease .
IQ-ESC.OOC OtflllOO·YJK 13
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City or Englewood,
Lessee
By:------------
Name: ------------
Title: ------------Date : ___________ _
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No n·Escrow
Airreement ~wncer 0
Eq;.pment S.:heduk 01
EXHIBIT B-1
TAX AGREE)IE:'IIT AND ARBITRAGE CERTIFICATE
This TAX AGREE;'\IIE:"IT AND ARBITRAGE CERTIFICATE (this "Certificate .. ) 1s issued by City oi En£l<"o«i
("Lessee") in favor of SUTRO & CO IN CORPORA TED ("Lessor") in connection with that ccrt:11n :'vlaster Lease Agre ement ted Js
of :'vlay 17, 2000 (the "Agreement"), by and berwccn Lessor and Lessee. The terms capitalized hcrcID but not defi ned herein sh a ll ha'<
the meanings assigned to them in the Agreement.
Section I. In General.
1.1 . This Ccmficate is executed for the purpose of establishing the reasonable expectations of Le ss ee as to furure e,·ems
regarding the financing of certain equipment (the '"Equipment"") to be acquired by lessor and leased to lessee pursuant :o m d .n
accordance with the Agreement referenced above (together with all related documents executed pursuant thereto Jnd contemporaneo i,
herewith. the "Financing Documents'"). As described in the Financmg Documents . Lessor shall appl y S396.~ -50 l the "P:inc:pl
Amount'") toward the acqu is inon of the Equipment and lessee shall make Rental Payments under the terms and condmons as set :·orth :n
the Financing Documents.
1.2. The individual executing thIS Certificate on behalf of Les see is an officer of lessee delegated wnh the respons1b d1t, vt
reviewing and exccunng the Financing Documents. pursuant to the rcsolunon or other official ac!lon of lessee adop1e d with rcspe c: to tl:e
Financing Documents, a copy of which bas been delivered to Lessor.
1.3 . The Financing Documents are beIDg entered into fo r the purpose of providing funds fo r fin ancing the cost oi acquinng.
equipping and installing the Equipment which is essennal to the governmental funcnons of l essee . which Equipment IS desc:ibed m the
Equipment Schedule. The Princ ipal Amount will be paid to the lessee on the date of issuance o f the FII13ncmg Documents 10 reunbursc
Lessee for moneys advanced for payments of the Equipment pursuant 10 and in accordance with Resolunon ~o J-. enes of 19% )
altlchcd hereto.
I A . Lessee will forward to Lessor for nmciy file for each payment sc hedu le issued under the Agreement a Form 803 -G
( or. if the invoice pnce of the Equipment under such schedule ts less than $100.000. a Fonn 8038-GC\ re latmg to uch Agreeme m with
the Internal Revenue Service in accordance with Secnon l-19(e) of the lnrcmal Revenue Code of 1986. as amended (the "Code'').
1.5. Lessee has not issued. and reasonably anticipates that It and its subordinate ennties. 1f :m y. w1U not issue , t:1x-
exempt obligations (including the Agreement) in the amount of more than S 10,000.000 during the cunenr calendar ye:ir . less ee
hereby designates the Agreement as a "qualified ta.x-excmpt obliganon" witlun the meaning of Secnon 265 (b J(3 ) of the Code
:md agrees that it and its subordinate ennncs, if any, will not designate more than S 10.000,000 of their obligauons as "qual iti ed
tax-exempt obligations " during the cuncnt calendar year.
Section 2. Non-Arbitrage Cenific:itions.
2.1. The Rental Payments due under the Financing Documents will be made with monies retained in l essee's ge ne r3 i
operatmg fund (or an account or subaccount therein ). No sinking, debt service. reserve or sirrul ar fund or ac coun t will be c~elted or
maintamcd for the payment of the Rental Payments due under the FinancIDg Documents or pledged as secunty therefo re .
2.2 . There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) ISs ue d or
sold w1thtn fifteen (15 ) days before or after the date of issuance of the Financing Documents. (ii) issued or sold pursuant to a co mmon
plan of financing \\1th the Financing Documents and (iii) paid out of substantially the same source of funds as. or deemed 10 b3 ve
substanaall y the same cla1m to be paid out of substantially the same source of funds as . the Financing Documents .
2.3. Lessee docs nor and will not have on hand any funds that arc or will be restricted . segregated. legally requued or
otherwi se intended to be used. directly or indirectly, as a subsnrutc, replacement or separate source of fmancing for the Equipment.
2.-1 . o pomon of the Pnnc ipal Amount is being used by Lessee to acquire invesnnents which produce a yield ma tenall v
higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. ·
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2.5. The Principal Amount does not exceed the :imount necessary for the governmental purpose for wluch the Financin g
Doc uments were entered into . Such funds are expected to be needed and full y expended for payment of the costs of acquiring, equipping
and !llStallmg the Equ ipment.
2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equ,pmenl in whole or in part. at a date w tuch
1s e:irli er than the final Payment Date under the Financing Documents.
Section 3. Disbunement of Funds; Reimbunement to Lessee.
3.1. It 1s contemplated that the entire Principal Amount will be used to pay the acquisinon cost of Equipment to the vendors
or manufacturers thereof. provided that. if applicable. a pomon of the principal amount may be paid to Lessee as re1JT1bursemem fo r
acquisition cost payments already made by it so long as the conditions set fonh in Section 3 .2 below :ire sanstied.
3.:!. Lessee shall not request that It be reimbursed for Equipment acquisition cost payments already made by u unless each
of the following conditions have been satisfied:
(a) Lessee adopted a resolution or otherwise declared its of!ic,al intent in accordance with Treasury Reg u lanc n ,
1.150-2 (the ·'Declaration of Official Intent"), wherein Lessee expressed its intent to be re1JT1bursed fr om the proceeds of a borr owmg for
all or a portion of the cost of the Equipment. which expenditure was paid to the Vendor not earlier than s Lx ty (60) days be fo re Lessee
adopted the Declaraoon of Official Intent ;
(b ) The reimbursement being requested will be made by a wnnen allocanon be fo re the la ter o f e,ghtee :i ( I '1
months after the expendirure was paid or eighteen ( 18) months after the items of Equipment to which such pa yment re lates were placed in
service;
(c ) The ennre payment with respect to which reimbursement is being sought 1s a capita l ex pendi ture. bein g :i ~ost
of a type properly c hargeable to a capital account under gener.il federal income tax pnnc1ples : and
(d ) Lessee will use any reimbursement payment for general operanng expenses and not ma manner wh ic h co uld )
be construed as an amfice or device under Treasury Regulaoon § l.l-t8 -10 to avoid. in whole or ID part. arbnr.,ge yiel d re stn u ons or
arbitrage rebate requirements .
Section-'· t;se and Investment of Funds: Tempor:arv Period.
4 .1. Lessee has incurred or will incur. within sLx months from the date of issuance of the Financing Documents. binding
obligations to pay an amount equal to at least five percent (5%) oi the Principal Amount toward the costs of the Equipment. An
obliganon 1s not binding if it is subJect to connngencies within Lessee ·s control. The ordering and acceptance o f the ll erns of Equipment
will proceed with due diligence to the date of final acceptance of the Equipment.
4 .2. An amount equal to at least eighty-five percent (85 %) of the Principal Amount will be expended to pa y th e cost of the
Equipment by the end of the three-year period commencing on the date of this Cemficate. No pomon of the Pnnc1 pa l Amount wi ll be
used to acquire 1Dvesanents that do not carry out the governmental purpose of the Financing Documents and that have a subs t:m na lly
guaranteed yield of four ( 4) years or more.
-4 .3 . (a ) Lessee covenants and agrees that 11 will rebate :m amount equal to excess earnings on the Prmc1pa l Amount to
the lnternal Revenue Service if required by, and 10 accordance with. Secnon l.t8(f) of the Code. and make the armual deterrrunano ns and
rna1Dtain the records required by and otherwise comply with the regulanons applicable thereto .
(b) Lessee reasonably expects to cause the Equipment to be acquired and placed ID service w1tlun one (I) month
of the date of issuance of the Financing Documents. If the ennre Princ ipal Amount bas not been expended on the Equipment by the date
that 1s the six-month anniversary of the issuance of the Financ10g Documents. Lessee will provide evidence to Lessor that the rebate
amount has been calculated and paid to the Internal Revenue Service in accordance with Section l.t8(f) of the Code.
(c) Lessee hereby covenants that (i) Lessee is a governmental unit with general I.IX powers ; (ii ) the Agreement is
not a ··pnvate acuvny bond" under Section 141 of the Code; (iii) at least ninety-five percent (95 %) of the Pnnc1pal Amount 1s used for the
governmental activines of Lessee ; and (iv) the aggregate principal amount of all ta.x-exempt obliganons (including the Agreement) issued
by Lessee and its subordinate entities, if any, during the current calendar year is not reasonably expected to exceed $5.000,000.
Accordingly , the rebate requirements of Section 148(!) of the Code arc treated as be10g met, in lieu of the spending exceptions set forth 10
paragraph (b) above.
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Section 5. No Private Use; No Consumer Loan.
5.1. Lessee will not exceed the private use restrictions set fonh in Section 141 of the Code. Specifically, Lessee wtll nm
pemut more than ten ( 100/o) of the Principal Amount to be used for a Private Business Use (as defined herein) if. in addition, the payment
of more than ten percent ( 10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest m
property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or denved from any
payment in respect of property or borrowed money used or to be used for a Private Business Use .
In addition, if both (A) more than five percent (5%) of the Principal Amount is used as descnbed above with respec t to Pm-are
Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Pnvate Busme ss
Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Pnvate Use Portion"") wlll be use d
for a Private Business Use related to the governmental use of the EquipmenL Any such Excess Pnvate Use Portion of the Pnn c1p al
Amount will not exceed the portion of the Principal Amount used for the govermnental use of the pamcul.u project to wluch such Ex cess
Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of bond proceeds or bond finan ced -
property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other th an J
natunl person, excluding, however. use by a state or local governmental unit and excluding use as a member of the general public .
5.2 . No part of the Pnncipal Amount or interest earned thereon will be used. directly or indirectl y, to make or finan ce l ny
loans to non-governmental entities or to any governmental agencies other than Lessee .
Section 6. No Feder:al Guarantee.
6 .1. Payment of the principal or interest due under the Financing Document; is not directly or indirectl y guaranteed. m
whole or in part, by the United States or an agency or instrumentality thereof.
6.2. No portion of the Principal Amount or interest earned thereon sha!I be (i) used in making loans the payment oi pnn ctpa l
or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof. or l 11 l
invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Fman cmg Q
Documents to be "federally guaranteed" within the me:uring of Section 149(b) of the Code.
Section 7. Mbc:ellaneous.
7.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and
substanee sansiactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agree s to
act as Lessee's agent for such purpose .
7 .2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and inte rest
earnings thereon for ;i period of five ye.us after payment in full under the Financing Documents .
7.3. To the best of the undersigned's knowledge, inform.ition and belief, the above expectations are reasonable and there are
no other facts , estimates or circumstances that would materially change the expectations expressed herein.
IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of the
da y of __________ _
IIC).ESC DOC otfll.'00 YlK
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CITY OF ENGLEWOOD,
Lessee
By:
Name:------------
Title: --------------
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11(1-f.SCJ)OC...._V'.lt
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EXHIBITC-1
RESOLUilON OF GOVER.~G BODY
[Approving Ordinance and Resolution of City to be attached]
17
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Agreement :-,iumbcr. 01
Equipment Schedule : 0 1
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EXHIBITD
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INCUMBENCY CERTIFICATE
Agreement ~o. 0 I
Equipment Scbcd ule: 0 I
I do bereby certify that I am the duly elected or appointed and acting City Clerk of the City of Englewood, a political subdivis ion
duly organized and existing under the laws of the Slate of Colorado, that I have custody of the records of such entity, and that, as of the date
hereof, the individuals named below are the duly elected or appointed officers of such ennty balding the offices set fonh opposue the ir
respective names .
I further certify that (i) the signatures set opposite their respective names and titles are their trUe and authentic signarures and (ii )
such officers have the authority on behalf of sucb entity to enter into that certain Master Lease Agreement dated as of December 6. 2000
between such entity and Suno & Co . Incorporated.
SIGNATIJRE
IN WITNESS WHEREOF, I have duly executed this cettificate as of this_ da y of ______ _
By: ________ _
Name : _________ _
Title : ----------
IQ-ESC.DOC.OWlMIO Yl l. 18
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[LETicRHEAD OF LESSEE'S COUNSEL]
[DA TE OF LEASE]
EX1IlBIT E
Sutro & Co. Incorporated
165 South t;nion Boulevard Suite 4SO
Lakewood CO 80228
Re: Master Lease Agreement dated as of December 6, 2000 (the "Agreement") by and berween Sutro & Co . Incorporated
("Lessor") and City of Englewood ("Lessee")
Ladies and Gentlemen:
We have acted as counsel to Lessee with respect to the Agreement descnbed abo\'e and vanous related matters. and ITT tlus
capacity have reviewed a duplicate original or certified copy thereof and Eqwpment Schedule 'Jo . 0 l executed pursuant thereto ( together
wnh the Agreement. the "Lease"). The terms capitalized in this opinion but not detined herein shall have the mearungs assigned to them m
the Lease. Based upon the examination of these and such other docwnents as we have deemed rele vant. it is our opinion that :
I. Lessee is a political subdivision of the State of Colorado (the "State") within the meanmg of Secnon 103(cl oi the
Internal Revenue Code of 1986, as amended and is duly organized e:mnng and operatmg under the Consmunon md law s of the State.
2. Lessee is authorized and has the power under applicable law to enter mto the Lease. and to can,• out 1ts obhganons
thereunder and the transactions contemplated thereby.
3. The Lease has been duly authorized executed and delivered by and on behalf of Lessee . and is a legal. val id and bmdmg
obligation of Lessee enforceable in accordance with its terms. except as enforcement thereof may be linuted by bankruptc y. insolvenc y and
other surular laws affecnng the enforcement of creditors' rights generally and by general equitable principles .
4. The authonzanon and execunon of the Lease and all other proceedings of Lessee relating to the transac uons
contemplated thereby ha\'e been performed in accordance with all appticable open meering , public records, pubhc b1ddmg :ind JII other
laws , rules and regulanons of the State.
5. The execunon of the Lease and the approprianon of moneys to pay the Rental Payments co rrung due thereunder Jo not
and will not result in the violation of any consntunonal. statutory or other !imitation relaring to the manner. form or am ount of mde' redness
which ma y be incurred by Lessee.
6. There is no linganon. action, suit or proceeding pending or before any coun. adnunistrative agency. arbnrator or
governmental body that challenges the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter
into the Lease. the proper authorization md/or execution of the Lease or the documents contemplated thereby, the appropnanon of moneys
to make Rental Payments under the Lease for the current Fiscal Year of Lessee , or the ability of Lessee otherwise to perform its obhganons
under the Lease and the transactions contemplated thereby. To the best of our knowledge. no such lingation. acnon. suit or proceedmg is
threatened.
7. The Equipment is personal property, and when used by Lessee will not be or become fo,tures under the laws of the State.
8. Resolution :>lo. ___ of the governing body of Lessee was duly and validly adopted by such goverrung bod y on
_____ . __ , and such resoluoon has not been amended, modified supplemented or repealed and remains in full force and effect.
This opinion may be relied upon by the Jddrcssee hereof and its successors and assignees of interests in the Lease. but only with
regard to matters specifically set fotth herein.
IO-ESC DOC 09'21/00 V~K
•
Very truly yours,
( type name md title under signature)
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EXHIBITD
INCUMBENCY CERTIFICATE
~
Agreement :-lo . 0 1
Equipment Schedule : 0 I
l do hereby certify that I am the duly elected or appointed and acting Ciiy Clerlt of the Ciiy of Englewood. a political subdivisi on
duly organized and existing under the laws of the Slale of Colorado, that I have custody of the records of such entity, and that. as of the date
h=of, the individuals named below are the duly elected or appointed officers of such enbl}' holding the offices set forth opposite the ir
respective names .
I furthet certify that (i) the signatures set opposite their respective names and tides are their nue and authentic signatures and (ii)
such officers have the authoril}' on behalf of such entity to enter into that certain Master Lease Agreement dated as of Deceinber 6. 2000
berween .such entity and Sutro & Co. Incorporated
SIG NA Tull.E
IN WITNESS WHEREOF, [ have duly executed this cemficate as of this __ day of ____ _
By : _________ _
Name : ----------
Tide: -----------
18
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DATE : -----------
TO:-----------
[Insurance Agent Name & Address]
[Phoae Number]
Gentlemen :
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EXHIBIT F-1
City of Englewood has entered into a Master Lease Agreement dated as of December 6, 2000 with Sutro & Co. lncorpor.ued. ln
accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue:
a_ All Risk Physical Damage Insurance on the 1~ Equipment evidenced by a Certifk:ate of Insurance :and Long Form Lo s
Payable Clause namina Sutro & Co. Incorporated and/or its assigns as Loss Payee.
The Coverage Required is $396,047.50.
b . Public Liability Insurance evidenced by a Certificate of Insurance naming Sulro & Co. Incorporated and/or its ass ign s as
Additional Insured.
The following minimum coverage is required :
Liability :
Liability • Bodily lnjwy:
Liability • Property Damage:
PROPERTY:
LOCATION :
S 500,000.00 per person
Sl ,000,000.00 aggregate
S 1,000,000.00 property damage liability
Upon issuance of lhe coverqe oudlned above, please mail a certificate of insurance to Sutro & Co. Incorporated. 165
South Union Boulevard, Suite 450, Lakewood, CO 80228.
Your counesy in issuing and forwarding the requested certificate at your earliest convenience will be apprec1a1ed .
Very truly yours,
City of Englewood
By : __________ _
Name : ____________ _
Title:-------------
Date : -------------
IQ.ESC DOC OW :&'00 V:IC
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EXHIBITF-2
QUESTIONNAIRE FOR SELF-INSURA,'ICE TO
MASTER LEASE AGREEMENT
Agreement Number : 01
Equipment Schedu le : 0 I
In c onnecnon with the Master Le:ise Agreement (the "Agreement"), dated as of the 6th day of December, 2000. made and entered
into by and between Sutro & Co. Incorporated, as Lessor (the "Lessor"), and the Lessee identified below, as Lessee (the "Lessee "), Lessee
warr:mts and represents to Lessor the following information. The terms capitalized herein but not defined herein shall have the meanings
assigned to them in the Agreement.
I. Property Insurance .
a . Lessee is self-insured for damage or destruction to the Equipment.
YES NO (circle one)
If yes, the dollar amount limit for propmy damage 10 the Equipment under the Lessee 's self-insurance prognm ,s s __ .
b . The Lessee maintains an umbrella insurance polic y for claims in excess of Lessee · s self-insurance limits fo r property
damage to the Equipment as indicated above.
YES NO (circle one)
If yes , the umbrella policy provides coverage for all nsk property damage.
YES NO (circle one )
If yes. the dollar limit for property damage to the Equtpment under such umbrella policy is $ ___ .
2. l iability Insurance .
a. Lessee is self-insured for liability for injury or death of any person or damage or loss of propmy arising out of or
relating to the condition or operation of the Equipment.
YES NO (circle one)
If yes, the dollar limit for such liability claims under the Lessee 's self-insurance program is S ___ .
b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee · s self-insurance limits for liability
including injury or death of persons or damage to properry as indicated above.
YES NO (circle one)
If yes , the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or lo ss of
property arising out of or relating to the condinon or operation of the Equipment.
YES NO (circle one)
If yes, the dollar amount of the umbrella policy's limits for such liability coverage is 5 ___ .
3A. Self Insurance Fund.
a. Lessee maintalllS a self-insurance fund .
YES NO (circle one)
If yes, please complete the following :
Monies in the self-insur:ince fund arc subject to annual appropriation.
YES NO (circle one)
The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is 5 ___ .
IO-ESC DOC OWl MIO Yllt 2 1
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b. Amounts paid from the Lessee's self-insurance fund are subject to limitations for each claim.
YES NO (circle one)
If yes, the dollar amount of limit per claim is S ___ .
38. No Self Insurance Fund.
a. If Lessee does not maintain a self-insurance fund, please complete the following :
Lessee obtains funds to pay claims for which it has self-insured from the following sources :
b. The limitations on tbe amowus payable for claims from the above sources are as follows:
4. Authoriry.
a. The following entity or officer has authority to authorize payment for claim:
b . In the event the entity or officer named in the prior response denies payment of a claim. does the claimant have
recourse to another .ulminislrative officer, agency or the courts ?
YES NO (circle one)
If yes, to whom does the claimant have recourse?
5. Certificates of Insurance.
Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee .
IN WITNESS WHEREOF, Lessee has caused this Quesnonnairc to be executed as a supplement to the represcntanons of Le ssee
in the Agreement by its duly authorized officer.
Attachment
IO·ESC DOC OW:MO Yllt 22
City of Englewood,
Lessee
By : ________________ _
Name:
Title :
Date: ________________ _
Telephone: 303-762-2300
Facsimile : 303-789-1125
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NEC Conlracl.Clsco N<!lwork Equlp,Mnl ----~--------------
Product Descripllon
WAN
Qly
EXHIBIT A
Li s t
Per Item
c 1sc6no6\ix~ 7206VXR Bundle with NPE -300 and 10 Conl rollfl with n -_ -~ 17 .000.09
~R-7200 Cisco 7200 AC Pow.~_2e!..."'!'__ ___ 4
~R-7200/2 Cisco 7200 Dual AC Power Supply Option , 281.:NV 4--3,000 00
CAB-AC Power Cord , 11DV ~ ---
E·72VXR S72A·Enterprtse -----..-
S72 A-12 .0 .5XE Cisco 7200Serles IOS IP -4---3,00000
ME M-iio:Fi.i54oM ·--Cisco 7200 1/0 PCMCIA j:iast, Oisk~O Me Option -----c_ --.00 00
MEM-SD-NPE ·128MB 128 Mb ~""""}' for NPE ,300/NPE ·2251NPE -175 in 72 00 Serles _ 4 -1 .800 00
PA -12E/2FE Dual Wide Elhernf!I Swilch Port Adapler 4 3 ,800 00
PA· fi 1 PortTJ sertai Pori Ada pter with TJ osu s: Remole Sil es 3 11 .000 oo
p,i..ef:i,35 8 Port Setial , v-:-35 Por1 Adapter -, --8 ,000 00
C AB ·OCT·V3S.MT 8 Lead Octal Cable and 8 Male V35 DTE Conneclors 1 750 00
PS -2T3 2 Por1 T3 s..iai Port Adapter wihTJosu,:eoreSk_e __ ---i -18,000 00
USR ·33.6EXT US R-sEatemai33:iiModem -4 --
ACS -2SOOASYN AuiriliafylConsole Port Cable Kil 4
C ISC02621 Dual 10/100 Elhemel Roule< wilh 2 WIC Slots & 1 NM Slot 8
~AB·~---_f_owe<_~~1loil _ _ __________ ::_ :::_ --~
MEM260Q.32U64D _ 24 lo 64 MB DRAM FadE"Y)J~-for lhe Cisco 2600 Serles 8
M_!~2600-8U 16FS •__ 4..!_o 145 Ml!!~~ 1,pgr-for Cisco 2600 Ser ies _ !
USR -33 6E XT US RobollCS E .. emal 33 6 Modem 8
S26C ·12.0 .7T Citlco2600Setlel l0SIP 8
CAB-VJSM~ -V.35 Cable DTE Male ,10 Feet -a
wic -iT---1 Pori Serial W AN l nlerface Car d 8 -
PIX-515-iiR-BUN PIX 5 15 Urwestricied Software iiuncie
cON.sNT·7206 sis.N BD Svc Ct1eo 7206 MCNiur Router Sinarlnet --~-· -·-4
CON-SNT-PX-515UR 8.S•NBD Svc PIX 51 5 Chassis Urw 81ricled • Smar1Ne1 1
CON-SNT-26XX 8 .S•NBD Svc Cisco 26XX Rouler · Smartnf!I 8
lns1 altalion NEC Inst -ion 1
10000
3,09500
1,900 00
700 00
ioooo
40000
12,000 00
3,000 00
2,500 00
392 00
-15.QOOOO
D iscount
35•,4
-35% -
-35%-
35%
35 %
35 °.4
35'.4
35%
35%
35'.4
35%
35%
35%
35%
35'.4
35%
35%
35%
35%
35%
35%
Tolai
7,800 00
1,040 00
4,680 00
9 ,88000
2 1,45000
5 ,200 00
487 50
23 ,40000
26000
16 ,094 00
9 ,680 00
_3,64000
0
Pai d
Amount
_44 ,l_OOOO
7,800 00
-~:~:~: I
9 ,880 00
2 1,450 00
5,20000
487 SO
23 ,40£00
26000
16 ,094 00
9,88000
-3,640 00
35'.4 520 00 520 00
35% 2,080 00 2,080 00
35% 7,800 00 7,800 00
0% 12,000 00 12 ,000 00
0'.4 --2,50000 2,50000
0'.4 3 ,136 00 3,13600
0% 15 ,000.00 7,500 00
Subject In voice Paid
i o Lease # Date
44 ,2~00 373 35-IN 81 15,00 I
-7 ,80000 37335-IN I 81 15/00
7,800 00 31335-IN 8115 00
1,040 00 3133 5-IIJ S,15 00
4,680 00 37335·1N 8/1 ,OO
9 ,880 00 37335-IIJ 811500
2 1,45000 3733 5 Ill 811500
5 ,200 00 37335 II~ 8 11500
487 SO 37335-ltl 8115,00
23,40000 37335-IN 8115/00
26000 37335-IN 8/1500
16 ,094 00 37335-IN 8115/00
9 ,880 00 37335-IN 8/15100
3 ,640 00 37335-IN 8/15/00
52000 37335 -IN 8115,00
2 ,080 00 31335-l l l 8/15/00
7,800 00 37335 -IN 8 115/00
37335-IN 8115100
37335-IN 8/1 5/00
3 ,136 00 37335-IN 8/15100
7,500 00 9008989-IN 8115100
176,84 7.50 TOTAL 1----19~8~,8~4_7~50..c..;--1~91~,~34_7_50'-'-I----'-"~
L AN
48 ,7 0 1 25 37335-IN 8/15100
13,627 25 37335-IN 8115/00
9 ,730 50 37335-IN 8115/00
6 ,493 50 3 7335-IN 8115/00
6,496 75 37335-IN 8/15100
2.596 75 37335-IN 8/15100
--2,596 75 37335-IN 8/15100
1,300 00 3 7335 -lll 8115/00
19 ,496 75 37335 -IN 811 5100
42 ,233 75 37335-IN 8/15/00
6 ,496 75 37335-IN 8/15100
7,150 00 37335-IN 8115/00
1,95000 37335-IIJ 8/15/00
7,125 00 37335 -IN 8115100
W S-C3548-XL~N--Calalysl 3548 XL Ent erprise Edrlion i s -~.~~<X! -35'.4 ---48 ,70 1 25 48,701 25
W S-C3524·XL ·EN ·-Calalysl 3524 XL Enler prise Edition--·---------•--7-2,995 .00 3 5 '.4 --13 ,627.25 13.627 25
W S·C 351 2·X L·EN __ ~~L Enf"~dltion 6 --2,49500 35'.4 --9,730 50 --9 .730 .50
WS·C3S08G·XL·EN Calalysl3S08GXLEn1erprise Edition ____ --->--~---··~()() 35'4 --6 ,49350 -6.49350
W S-C6S09 Catalyst 6509 Chassis ---___ ----~ 1 ___ 9 ,995.00 35% --6 ,496.75 ___ 6 .496 75
W S·CAC-1300W Calalyst 6000 1300W AC Power Supply 1 3 ,995.00 35'4 --2,596 75 2,596 75
W S-C AC -1300Wl2 Calalysl 6000 Second 1300W AC Powe, Supply 1 3,995.00 -35'4 --~.596.75 = 2,596 75
SFC6 K-SUP-5 .3 .3 Catalysl 6000 SupeMIOf Flnh 1,,._, Rete-5 3(3) --1--------35°.4
C AB-AC ----PowerCord,110V----··-·2--35%
SC6 _1_0 SD..: 1 ~ J)(E ___ ~'!co ~I _!OOP SU_l"~RVISOR IOS Flnh l'M.9! • IPl1_!'X
W S-X6K-SUP1A -MSFC Cat alysl 6000 s ._-Engine 1-A, 2GE , plus MSFC & PFC
WS -X62 48-iU-45 -caialysi 6000 48-Port!Ol tOO RJ.45 Module --
W S-X64 08-G BI C C alalysl 600() 8 -Port Gigabit Elhemet Module (Req GBICs)
W S-G5464 _ _ _ l ~~S_E~X "5""!!.!1'...te,,gth" GBIC (~ulbmode onlyJ
W S-X3SOO-XL GigaSlack Slacking GBIC and 50cm -_ _ _
CON-SNT-WS-C3548 8.S•NBD Svc , Calalysl 3548 XL
-35'4 -!,300 2<l -1,300 00
35% 19 ,496 .75 19,496 75
35'4 42,233 .75 42 ,233 75
35'.4 6,496 75 6 ,496 75
35% i , 150 00 -7,150 00
35% 1,95000 1,950 00 -0 % 7,125 00 7 ,125 00
CON-SNT-WS-C3524 8.S•NBD Svc WS.C3524 0 % 2625.00 2 625 00 37335-IN 8/15/00
10/11 /00 11 07 AM
Equipment Schedule Sheet 1
• •
Chec k
#
60558
360558
3 58
360558
3605~8
60558
1G05S6
360558
558
360558
360558
360558
360558
360558
360558
350558
60558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558 0 360558
360558
360558
360558
360558
360558
360558
•
•
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• I • • '
0
EKHBTA
NEC ConlrKt.CIM:O Natwwk ,._t
I f.--Li1 i ___ -·---------__ Pai~-__ Subject
PfocllM:t DeacrlDllon Qty Pe, Ham Discount Total Amounl to LHH
,CON ___ -S.c....N_T~-WS-c35-~....-'12~ .. 8,&N.,...,_BO...=--~s _vc~,-w_s-c __ 35=1~2----------·--"i--6 295.00 0% 1,770.00 1,770.00
CON~ri-S-...:NT;ri-WSa;'-Cl508G.~~c"-r.w~';;·a;.ao~sc'::vc~,-;;Wc:S;::.C;::3!SOIG~;;a;;;.------------1: --';2 895.00 0% ___ 1. 790.00 ___ 1. 790.00 _____I.. 790.00
CON-SNT-WS-C8!SOII llll!ilNBOSvc,.__tlSOB 6 .500.00 0% 6 ,500.~ 6 ,500.00 ~·~22 •-'"'-~"~11~·~·-----t-"E~c~•~•~1111=·~·-· --------------·1----1---e~·~ooo_.oo-t_ 0% 6 ,000 oo 3,000.00 3.ooo oo
TOTAL 1!M ,680.00 191.680.00 187 ,2 85.00
lnvoic•
i
373 35-IN
37335-IN
37335-IN
9008989-IN
Paid
Date
81 15/00
8/15/00
81 15/00
8115/00
--------'l---------------------+----,-----..----1-----4--------------------
Check •
360558
360558
360558
360558
l---------l--------Oll"'"'-"'~a,ND"'""T"'O"'T"'AL.,-,-aaGINAL===-::c:::ONTRAC"""==T,!------t-----t----+-.-,-c3:::9 ... 3'",5"'2"'1.·=50 1--383=-.0=2=1.=50-~.132 50 ---
,--------+---------------------1----,------1----+--------""+--==='-'--i--".C...:.=-'-'--t--------
Addlllonal=;:::--:c-:E---: .. ---,·:--t----------------------t----i------1----1-------1------,------1---·---
CSCO-PA-4T+ PortSerlalPort-4 3,15000 0% 12 ,60000 12,60000 --12 ,60000 -37929 ·1N --8/3 1/00 36 1078
CSCO-CAB-V35MT M11eD1eV.351a 6 70.00 -0% 420.00 420.00 --42000 38004-IN iidiioo 361078 -----13.020.00 13,020.00 13 .020.00
T--Flnanced ___ --377,152.50
~?11" 1,506.49 ---1,50649 3 73~-!!i -=-_1i~IOO 360558 l---------t--------------------1----t-----tShipplngchargn 70 .00 7000 37929-IN 8131/00 361078
----------+---t-----i ,,._,.,"2<5':'L'--':::="~----f----~32.-01'-+----3-2 .-0 138004-iN--8/3~ 361 078
•
I 1 608.50 1 608.50
I
Total Paid
10/11/00 11 02 AM
EquipmentSr•""''•Shee11
0
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Sutro & Co. Incorporated
ADDENDU;\l TO EQI.JlP'.\IENT SCHEDULE :"10. 01
TO '.\IASTER LEASE AGREEME'.IIT (LEASE ~O. 01)
RELA'IT"G TO SELF-INSURANCE
..
TIDS ADDE:"IDL~l is made as oftlus 6th day of~ember. 2000 between Sutro & Co. Incorpor:ited (the "Lessor") and City of
Eng lewood (the "Lessee").
Recitals
A. Lessor and Lessee have entered IIltO a Master Le:isc Agreement dated as of the 6h day of December. 2000 (the "Agreement").
B. Lessee desires to lease equipment descnbed in Equipment Schedule '.'lio . 01 to the Agreement (the "Equipment") and Le ssee
has requested that Lessor lease such Equipment to Lessee.
C. With respect to Equipment Schedule ~o. 01 . Lessee has requested th3t Lessor permit 1t to prov ide self-insurance for li a b ili ty
claims and propcny damage.
D . Lessor is willing to grant Lessee ·s request subject to the following terms and conditions.
NOW, THEREFORE . in cons1dcr:ition of the premises and mutual covenants and agreements conc1I1ed herelII and III the
Agreement, it is hereby 3gteed :is follows :
1. The terms capitalized in thJS Addendwn but not defined herein shall have the me:inings assigned to them III the . .\greemenr .
2. Lessee hereby represents and warr:ints that all representations and warr:inties contamed in the Agreement are aue m d correct as )
of the date herwf and that neither a '.'lion-Appropriation nor any Event of Default or event which, w1th the passage of nme or g1 vmg o f
notice or both, would constitute an Event of Default has occurred under the Agreement
3. All other terms and conditions of the Agreement not spccific:illy amended by this Addendwn sh31l rernam m fu ll force and
affect and = hereby r:infied and confirmed by Lessee.
4 . Lessee represents and warr:ints that all representations and warranties contained m the Quesnonnaire for Self-lnsur:mce to
Master Lease Agreement (the "Quesnonnaire") are true and correct as of the date hereof.
5 . Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided there1I1 . 3grees that Le ssee
may satisfy the requirements of Sccnons 7.1 through 7.3 of the Agreement with respect to Equipment Schedule c'io . 01 through self.
insurance.
6 . By "'Tinen notice to Lessee, Lessor may revoke its agreement relative to Equrpment Schedule c'io . 01 to accept self-lilsurance m
lieu of the insurance required by Secoon 7.1 through 7.3 of the Agreement at my time during the related Lease Term when Lessor deems
itself insecure with respect to such self-insurance. Within thirty (30) days of receipt of nonce from Lessor. Lessee agrees to obtam
IIISurance in compli:ince with Section 7 . I. 7 .2 and 7.3 of the Agreement and provide evidence thereof to Lessor .
IN WITNESS WHEREOF. the parties by their duly authorized officers have executed tlus Addendwn as of the date and year
first above wnnen.
City or Englewood. Sutro & Co. Incorporated.
Lessee Lessor
By : By:
Name: Name:
Title : Title:
Date : Date:
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OCT 10 '00 11 :27AM KR DE N 303 292 7799
Sutro & Co. Incorporated
KUTAK ROCK LLP
8UITI 3900
71 7 savaNTIINTN ST .. IIT
DlaNVaA, C:OLOAADO ao202-ss2e
20:S-297 · 2600
"Aca111111.a :aos-aa:a-7781
--•.llutakroc,ll.aom
December 6, 2000
165 South Union Boulevard, Suite 450
Lakewood , CO 80228
ATLANT A
C•IOJ'QO
MAfll·A· CITY
LITTLE ,-oc•
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lit!U.ANOMAC:IT •
OM.AMA ~•••o•,.•
•ICNMONO
aooTTaa.a1o.1
WAak1M•TOJr,j
Re : Master Lease Agreement, Leue No . 01 dated as of December 6, 2000 (the
"Agreement") by and between Suuo & Co . Incorporated ("Lessor") and City of
Englewood, Colorado ("Lessee")
Ladies and Gentlemen:
We have acted as counsel to Lessee with respect to the Agreement and various related
matters , and in this capacity have reviewed a duplicate original or certified copy thereof and
Equipment Schedule No . 01 executed pursuant thereto (together with the Agreement , the "Lease ''),
The tcnns capitalized in this opinion but not defined herein shall ha.,.·e the meanings assigned to
them in the Lease . B~ed upon the examination of these and such other documents as we have
deemed relevant, it is our opinion thal:
l. Lessee is a political subdivision of the State of Colorado (the "Swe'') within the
meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly
organized, existing and operating under the Constitution and laws of the State.
2 . Lessee is authorized and has the power under applicable law to enter into the Lease ,
and to cany out its obligations thereunder and the transactions contemplated thereby ,
3. Toe Lease has been duly autbonzed, executed and delivered by and on behalf of
Lessee , and is a legal, valid and binding obligation of Lessee enforceable in accordance with its
terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization,
moratorium and other similar laws affecting creditors ' rights generally and by general equitable
principles .
4. The authorization and ctecution of the Lease and all other proceedings of the Lessee
relating to the transactions contemplated thereby have been performed in accordance with all
applicable open meeting, public recordJ, public bidding and all other laws, rules and regulations of
the State ,
5. Toe execution of the Lease and the appropriation of moneys to pay the Rental
Payments coming due thereunder do not and will not result in the violation of any constitutional,
statutory or other limitation relating to the manner, fonn or amount of indebtedness which may be
incurred by Lessee .
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OCT 10 '00 11 : 27AM KR DEN 303 292 7799
KUTAK ROCK LLP
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Sutto & Co . Incorporated
December 6, 2000
Page2
6. There is no litigation, action, suit or proceeding pending or before any court.
administrative agency, arbitrator or govcmmc:ntal body that challenges the organization or existence
of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper
authorization and/or exc:cution of the Lease or the documents contemplated thereby, the
appropriation of moneys to make Rental Payments under the Lease fur the cmrent Fiscal Year of
Lessee, or the ability of :.c:sscc othcrwjse to perform its obligations undc:r the Lease and the
lrlllSactions contemplalel.. 'hereby . To the best of our knowledge, no such litigation, action, suit or
proceeding is thrcatcncd.
7. The Equipment is personal property, and when used by Lessee will not be or become
fixtures under the laws of the State.
8. Ordinance No. _, Series of 2000 of the governing body of Lessee was duly and
validly adopted by such governing body on second and final reading on ~ovcmber _, 2000, and
such ordinance bas not been amended, modified, suppl£tncntcd or repealed and remains in full force
and effect.
This opinion may be relied upon by the addressee hereof and its successors and assignees of
interests in the Lease , but only with regard to matters specifically set forth herein. Further, this
opinion is given u of the date hereof and we assume no obligation to update , revise or
supplement this opinion to reflect any facts or circumstances that may hereafter come to our
attention or any changes in law that may hereafter occur.
Very truly youzs,
OJ -5647 1.01
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~!>},NANCE NO ._
SERIES OF 2000
BY AUTHORITY
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A BILL FOR
AN ORDINANCE AMENDING TITLE 5, CHAPTER 26, SECTION 4, PERTAINING
TO DESIGNATED CO LLE CTION DAYS .
WHEREAS, the issues prompting the ex plo at1on of municipal soli d waste
management include e nvlronmental 1mpac e hborhood aesthetics, no ise . the
numbers of trucks in a n eighborhood as we 8!;,W ar a nd t ear on City Streets ; and
WHEREAS, Englewood·s current priva
residential neighborhoods ; and
scr1ption system increases impacts on
WHEREAS . trash collection service 1s offe r ed by five different trash comparues five
days of the week ; a nd
WHEREAS . trash coll ection on one block may happen each d ay of the week : and
WHEREAS. neighborhood aesthetics are negatively impacted by the trash on curb s
and in alleys throughout the week ; and
WHEREAS, overlapping r outes often bring three or four trucks onto a resid ential
street or alley on a ny given week day: a nd
WHEREAS , m uniCJpal solid wa ste management ha s been an issue of t he City
Council since the early 1980's : and
WHEREAS , the Keep Englewood Beautiful Commissio n was formed in 1991 to
examine environmental I sues i mp acting the City of Englewood ; and
WHEREAS , one of the issues re sear ched by the Keep Englewood Beautiful
Co mmission was Murucipal Solid Waste handling; and
WHEREAS , in 1992 at City Counctl 's direction , the Keep Englewood Beaut1fw
Commission held a public hearing in March to discuss trash collection issues : a nd
WHEREAS , Englewood r esidents vo iced strong opp osition to a curbs id e
requirement and no furth er Council actio n occurred at that time; and
WHEREAS , in 1997 the Keep Englewood Beautiful Com mission concluded a two
year study that included discussions with area trash hauling companies, analysis of
s urrounding munici pal trash collection policies and review of the current ordinance. at
which time the Kee p Englewood Beautiful Commission presented the Murucipal Solid
Waste Report to City Council in July 1997 ; and
WHEREAS, in 1998 an ordinance requiring mandatory trash collection service was
introduced and became a part of the Nuisance Abatement Ordinance -E .M.C. Title 15
in June 1998 ; and
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WHEREAS , in 1999 Co uncil reviewed alternative s and recommendations from
Keep Englewood Beauttful Commission and determined to pursue designated
collection days : and
WHEREAS , City Council referred this matter to Keep Englewood Beautiful to
determine what d ays s h ould be selected;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Engle wood. Co lorado hereby a mends Title
5, Chapter 26, Section 4, with the addition of a n ew Paragraph D, to read as follows:
5-2!HID>: DESIGNATED COLLECTION DAYS :
!;!. A license holder shall limit residential tras h hauling a nd collection to
Mondays a nd Wednesdavs
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In the eve nt a work holiday falls on a regularlv scheduled Monday or
Wednesdav the residential trash collection s hall be the following day .
License holders s hall provide an alternnq,· plan for exceptions to the
scheduled co llection dav based on seve re weather or madvertently
missed customers. This schedule must be submitted with the licen se
application and approved by the Licen mg Office r before the gran!inull
the license.
~. A;;. The fttttHet' license holder must dispose of trash 1s a state or federally
approved s ite or fac ility and the disposal s h all not be in violatrnn of any
federal , sta te , cou nty or City rule or regulation .
E . ~. The hcen efl ~ holder must notify the Licensing Officer of License
holder's loc a tion fo r disposal a nd shall notify the Licensing Officer of a n y
change in location within tlurty (3 0) days .
~. g . No licensefl ~ h older shall operate any trash co mpacting mechanism on
any motor vehicle nor s hall a licensed hauler engage in any trash, rubbish or
garbage collection activity between the hours of ten (10:00) p .m . and seven
(7:00) a .m ., when s uch compacting or collection actiVJties take place within or
across the street or alley from a residential district or within three hundred
feet (300') of a h otel.
G. l;I . Insuran ce Reqwred . License holders are r equ ired to maintain the following
levels of in s urance :
1. All motor vehicles used in the operation of the licensed business shall
be insured under the laws of the State of Colorado.
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2 . The lice n se h ol der s hall at a ll times h ave Co mprehensive Gene r a l
Liability Ins ura nce with a m inimum co mbined single limit of li a b1bty
for bodily inJury and property damage of one million dollars
($1.000,000.00) pe r occ urrence and in the aggregate.
Failure to ma intain s uch ins urance or to prov ide s uch evidence on r equest
shall be ca use for immediate revocation of the li ce n se .
H . J. Transfer. Trash hauling licenses are not tra n sfer a bl e .
Section 2. Safety C)auses The City Council, her e by find s , determines, a nd
declares that this Ordina nce is promulgated under the general police power of the
City of Englewood . that it is promulgated for the h ealth . s afety, and welfare of the
public, and that this Ordina nce is necessary for the preser vation of health and safe ty
and for the protection of public convenience and we lfa r e. The City Council furth er
determines that the Ordina nce bears a rational r elation to the proper legislative
object sought to be o btained.
Section 3. Severabj)itv If any clause, sentence , paragraph, or part of this
Ordinance or the applica tion thereof to any person or circumstances shall for a ny
reason be adjudged by a court of competent jurisdict10n inv a lid, such judgment s ha ll
not affect impair or invalid a te the r e ma inder of this Or d inance or its application to
other persons or circums t a n ce s .
Section 4 Inconsistent Ordjnances All other Or d in a nces or portions thereof
inconsistent or conflicting with this Ordinance or a ny portion hereof are hereby
repealed to the extent of s u ch inconsistency or conflict .
Section 5 . Effect of repeal or modjficatjon The re pe al 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 m part any penalty , forfeiture , or
liability, either civtl or criminal, which shall have been incurred under such provision ,
and each provision s hall be treated a nd held a s still re maining in force for the
purposes of s us t a mmg a ny a nd a ll proper acu on ·. s uits , proceedings , and
prosecutions for the e n fo r ce ment of the penalty. fo rfeitu re . or lia bility , as well as for
the purpose of s u s t a ini n g :m y judgment. decr ee . or or de r which can or m ay be
rende red, entered. or m ade in such a ctions . s ui ts . proceedings. or prosecutions.
Sectjon 7. ~-The Penalty Provision of E .M .C. Section 1-4·1 shall apply to
each and every viol a tion o f t hi s Ordina nce .
Introduced , r ead in full , a nd p assed on first r eadin g on t h e 161h day of Octobe r.
2000 .
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Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Thomas J . Bums, Mayor
A'M'EST :
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellia, 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 16th day of October, 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 16 , 2000 Bill for an ordinance making
11 a V chanaes to Title 5, Chapter 26 ,
Initiated By Staff Source
City of Englewood , Finance and Administrative Frank Gryglewicz , Director
Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed issues regarding trash collection at a number of study sessions and Council
meetings.
RECOMMENDED ACTION
The City Council directed staff to research and recommend limiting the number of days (and days of
the week) per week that residential trash may be collected by licensed haulers . The conclusion
reached was trash collection would be limited to Mondays and Wednesdays . If a holiday falls on the
regularly scheduled days, trash must be collected the following day. In case of servere weather or
missed customers. the licensed hauler must provide a plan to deal with these exceptions
This will go into effect for new license holders when they are licensed, current license holders will need
to comply when they renew their licenses in January 2001 .
FINANCIAL IMPACT
This action will not directly impact the financial condition of the City of Englewood .
UST OF ATIACHMENTS
Proposed bill for an ordinance .
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ORDINANCE NO .
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 85
INTRODUCED ~UNClL
MEMBER l~,,.-
AN ORDINANCE AlJTIIOIIIIDIO THE PURCHASE OF 2357 WEST WESLEY
AVENUE BY THE CITY OF ENGLEWOOD . COLORADO .
WHEREAS , the owners of the 2357 West Wesley wi s h to sell the property t o the
City; and
WHEREAS, seve r a l potential uses are available for the property including sites for
future AVS homes , si tes for a home ownership initiative a nd sites to de mon strate
attractive single famu y a ttached dwelling design: a nd
WHEREAS , d eveloping the subjec t r e sidential property will require combining this
property with 2399 West Wesley Avenue, then subdivid ing the land and r equesting a
variance to accomm od ate e igh t bwlding lots with minor va riances for lot width a nd
area; and
WHEREAS. the co mbined prope r ty co uld ultim ately be de veloped with up t o 1xtee n
dwellings as eight dupl exes ; a nd
WHEREAS , a va r ie t y of public obJec t1v es can be acco mpli shed with the
development of th1 prope rty s uch a : I) Introducing home de s igns with a mor e
attractive relations lu p with the stree t ; 2) Developin g d es irable floor plans ; 3)
Increasing the inve ntor y of affordable new hous ing fo r home ownership ; 4) '·Rai sing the
bar" with better q u a li ty hou s ing , hope fully pus hing the private d e velopm ent
community tow a rd highe r standards in the neighborhoo d ; and
WHEREAS . by the passage of this proposed Ordina nce the Englewood City Co uncil
will authorize the purch ase of 2357 West We s le y A\'e nue a nd the Englewood
Community Deve lopm e n t Department will be able t o p ursue future developm ent a t
this location ;
NOW , THEREFORE , BE IT ORDAi 1ED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The Ci t y Co uncil of the City of Englewoo d , Co lorado hereby authorizes
the purchase of th e 235 7 West Wesl ey Ave nue unde r the ''Offer To Se ll Re s idential
Re al Estate" whi ch is a t tached heret o a s ·'Exhibit A."
Section 2. The '.\l ayo r a nd the City Clerk are a u t hori ze d hereby authorized t o s ign
a nd attest the "O ffe r To ell Res id entia l Real E st a t e" fo r the purchase of 2357 West
We s ley Avenue on be h a lf of t he City of Englewood . Co lorado.
Introduced , r ad in fu l l. a nd pa s ed on first reading on the 16th day of October,
2000 .
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Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Cle rk
I , Loucrislua A. Ellis , City Clerk of the City of Engle wood, Colorado, hereby certify
that the above and foreg oing is a true copy of a Bill for a n Ordinance, introduced , re ad
in full , and passe d on first reading on the 16th day of October, 2000.
Loucrishia A. Ell.is
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OFFER TO SELL RESIDENTIAL REAL ESTATE
This Offer is made on the I rt/. day of IJ. C,~ 2000 , MANUEL
RIOS and CLEOFES RIOS, 235i West Wesley Avenue , Englewood. Colorado 80ll0
[Seller]. Seller agrees to sell. on the terms and conditions set forth in this Offer. the
following described real estate in the County of Arapahoe , Colorado, to wit:
Lot 36, Block L. EX N 25 Feet for road,
SOUTHLAW N GARDENS ANNEX
County of Arapahoe, State of Colorado
also known as : 235i West Wesley Avenue
Englewood. Colorado 80ll0
together with all interes t of Seller , all improvements thereon a nd all attached fixture s
thereon.
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The purchase price shall be O:si'E Hl"NDRED AND FIFn·.p rVE THOCSA)ID DOLLARS
($1 55 ,000 .00 ) payable in C.S . Dolla rs by Buyer.
This Offer shall not be ass ignable by the City of Englewood without Seller's pnor wri tt en
consent. Except for tlus restricti on, this Offer shall inure to the benefit of and be binding
upon the heirs, personal representatives, successors and assigns of the parties.
Seller shall execute and deliver a go od and sufficient Special Warranty Deed t o Buyer,
conveying the Property .
The seller shall be respon si ble for customary closing costs including providing the title
insurance through Land Title and filing fees .
The offer is valid through December 15 , 2000 . The City must accept offer and close by
tha t date .
Except as otherwise provided in· this Offer, the Property and Inclusions shall be delivered
in the condition existing as of the date of this Offer . ordinary wear and tear excepted .
E NTIRE AGREEMENT . This Offer constitutes the entire contract between the parties
r elating to the subject hereof, and any prior agreements pertaining thereto , whether oral or
wr itten, have been me rged and integrated into this Offer .
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NO TICE OF ACCEPTANCE : COUNTERPARTS . If accepted . this document shall become a
co ntract between Seller and the City of Englewood . A copy of this document may be executed
by each party, separately, and when each party bas executed a copy thereof, such copies
take n together shall be deemed to be a full and complete contract between the parties.
MANUEL RIOS
Se ller: Manuel Rios
Date of Seller's signature : ;0 -lf-6 0
Seller's Address :
CLEOFES RIOS
Se ller: Cleofes Rios
Da te of Seller's signature :--------
Se ller's Address :
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Date
October 16 , 2000
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COUNCIL COMMUNICATION
Agenda Item
11 a vi
Subject: Bill for an
Ordinance authorizing
purchase of 2357 W .
Wesley Ave.
INITIATED BY: Community Development Dept. STAFF SOURCE : Mark Graham, Senior
Planner and Janet Grimmett , Housing
Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On September 5 , 2000, Council authorized staff to negotiate on residential property in northwest
Englewood .
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the purchase of residential property located at 2357
West Wesley Avenue .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Staff toured the property , ordered and reviewed the appraisal and met with the property owner to
discuss property value .
Several potential uses are available for the property including sites for future AVS homes, sites
for a homeownership initiative, and sites to demonstrate attractive single family attached
dwelling design .
Developing the subject residential property will require combining this property with 2399 West
Wesley Avenue , then subdividing the land and requesting a variance to accommodate eight
building lots with minor variances for lot width and area . The combined property could
ultimately be developed with up to sixteen dwellings as eight duplexes . The Planning and
Zoning Commission reviews and approves subdivision plats , and the Board of Adjustment
decides variance requests .
The four lots facing West Caspian Avenue could be inventoried until the balance of the right of
way is acquired for public improvements including street and utility extensions. Caspian
appears in the major street plan, however, there are currently neither plans nor budgets to
construct it. Staff may facilitate a meeting with the neighbors to discuss the infrastructure and
the financing options .
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A variety of public objectives can be accomplished with the development of this property :
1. Introducing home designs with a more attractive relationship with the street ;
2. Developing desirable floor plans (e.g. 3 bedrooms , 2 baths , basements , garages , etc.)
3. Increasing the inventory of affordable new housing for homeownership , and ;
4 . "Raising the bar" with better quality housing , hopefully pushing the private development
community towards higher standards in the neighborhood .
Staff negotiated the purchase of the subject property for fair market value based on an
independent appraisal.
FINANCIAL IMPACT
Funds to purchase the property are available through the Housing Rehabilitation Enterprise Fund .
No other sources of monies are required .
UST OF ATTACHMENTS
Bill for an Ordinance
Map of Neighborhood
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ORDINANCE NO .
SERIES OF 2000
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BY A UTHORITY
A BILL FOR
COUNCIL BILL NO. 86
I~TRODU~NCIL
MEMBER C:
AN ORDINANCE AUTHORIZING THE PURCHASE OF 2399 WEST WESLEY
A VENUE BY THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS , the owne i·s of the 2399 West We s le y wi s h to se ll the prope rty t o the
City; and
WHEREAS, seve r a l pot ential u ses a re available fo r t he p r o p e rty includi n g s ite fo r
future AVS hom es, s ites fo r a home owne rship init1 a t1 \'e and s ites t o de mon s tra t e
a ttractive single family attach e d dwe lling design : a nd
WHEREAS , deve lop in g the subject res idential prop e rty will require co mb111ing thi
property with 235 7 We s t Wesley Ave nue , then subdividing the land and requestm g a
variance to accommoda t e e ight bwldmg lots with minor va riances for lot width a nd
area ; and
WHEREAS, the co m bi n ed prop e rty could ultima t e ly be d e ve lop e d with up t o s ix tee n
dwellings as eight duplexes: a nd
WHEREAS , a va r ie t y of p u blic objectives can be accom p lished with the
developm e nt of thi s prope r ty s uch a s: l ) Introducing h ome designs with a m or e
a ttractive re lati on s hi p w ith t he street : 2) Developin g d esi r a ble floor plans ; 3)
Incre a s ing the m ve n to ry of affo rda ble n ew housing for h om e ownership ; 4} "Rai s ing the
bar" with bette r q uali ty h ou sing, h o p e fully pushing the pri vate develo pm e nt
community tow a rd s hi ghe r standards in the neighborhoo d : a nd
WHEREAS , by the p assage of this proposed Ordina n ce the Englewood City Co uncil
will authorize the purch ase of 2399 We st Wesley Ave nue a nd the Engle woo d
Co mmunity Deve lopme n t Dep artme nt will be abl e to p ur ue future d e vel opm e nt a t
t h.i s location;
. OW , THEREFORE , BE IT O RDAI N ED BY THE C ITY C OUNCIL OF THE C ITY OF
E NGLEWOOD, CO LORAD O. AS FOLLOWS :
Sect10n l. The C ity Co uncil of the City of Englewoo d. Colorado hereby authorizes
t h e purchase of the 2399 West Wes ley Avenue unde r the "Offer To Sell Re s idential
Real E s tate" which is attach e d here t o as "Exhibit A ."
Sectjon 2. The M ayor a n d the City Clerk are authorize d hereby authorize d to s ign
a nd a ttest the "Offer To ell Reside ntial Real E s t a t e" for t he purchase of 2 399 West
Wes ley Ave nue on be h a lf of t he C ity of Engle wood , Co lorado.
Introduce d , r ead 111 fu ll , a nd p asse d on fir s t r ead in g on the 16th d a y of Oct obe r ,
2000 .
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Published as a Bill for a n Ordina nce on the 20th d ay of October, 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify
that the above and foreg oi n g is a true co py of a Bill for an Ordinance, introduced , read
in full, and passed on firs t reading on the 16th day of Octo ber, 2000 .
Loucrishia A. Ellis
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OF·FER TO SELL RESIDENTIAL REAL ESTATE
This Offer is made on the /fJ~ day of C'c,ms(i , 2000 , by WILLIA..\!
~L..\RTIN TELFER. DA1'iIEL DEE TELFER. JAY EUGENE TELFER AND RICH.ARD
ROBERT TELFER. AS JOI>JT TENA)JTS . OF ARAPAHOE COUNTY. 2399 West Wesley
Avenue, Englewood , Colorado 80ll0 (Seller]. Seller, agrees to sell, on the terms and
conditions set forth in this Offer, the following descnbed real estate in the County of
A.rnpahoe, Colorado. to wit:
Lots 37-38, Block 1 EX West 5 Feet and EX '.'-iorth 25 Feet for roads ,
SOUTHLAWN GARDENS A.'JNEX,
County of Arapahoe . State of Col orado
also known as: 2399 \,Vest Wesley Avenue
Englewood. Colorado 80110
together with all interest of Seller, all improvements thereon a nd all attac hed fixtures
the reon.
The purchase price shall be O fE HUNDRED A~"D EIGHTY THOCSA::,/D DOLL.\RS
(SlS0,000 .00) payable in U.S . Do llars by Buyer.
This Offer shall n ot be ass ignable by the City of Englew ood without Seller's prior written
conse nt. Except for t his restriction . this Offer shall inure to the benefit of and be bindin g
u po n the heirs, personal r eprese ntative s, successors and assigns of the parties .
Seller shall execute and deliver a goo d and sufficient S pecia l Warranty Deed to the City of
Englewood. conve},ng the Pro perty .
The se ller shall be responsible for cus t omary closing co t 5 including providing the title
in s urance through Land Title a nd filing fees .
The offer is valid through Dece mber 15 , 2000. The City must accept offer and close by
th t d ate .
Except as otherwis e prov ided m this Offer , the Property and Inclusions shall be delivered
in t he condition existing a s of the date of this Offer . ord inary wear and tear excepted .
E. 'TIRE AGREEME::,IT . This Offer constitutes the entire contract between the parties
re la ting to the subject hereof, and any prior agreements pertaining thereto, whether oral or
written, have been merged and integrated into this Offer.
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;\QTICE OF ACCEPTANCE : COU!-.'TERPARTS. If accepted , this document shall become a
cont ract between Seller and the City of Englewood. A copy of this document may be executed
by each party, separately, and when each party has executed a copy thereof, such copies
take n togethe r shall be deemed to be a full and complete contract between the parties.
Date of Seller's signature: #PIISCA. /el,. g_'9~0
Seller's Address :
Date of Seller's signature: ~OU.~ 26~0
Se lle r 's Address : ~3 3 /,J. /;3 SIW4Q k_.,
L tTT'-V'1!1~ ('.1,u, IL4c:fo f'd'/J.J · ~rS'c 'I
Sdle
Date of Seller's signature: '9Glb4£«. l's, 2eJ~O
S.i lle r 's Address : ~ 'i' ir p~ t 116. Ao~"~
SA,y Cl,~./ 4,,-.~ ..... ,2.,~1-Jl'S~
Date of Seller's signature: (!'),'[r!6C,L. /(), 2~"0 I
Sell er 's Address : / 2 f,~c-c{ ~C
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POWER OF A TIORNEY
WILLIAM M TELFER, 407 Wiley Street, Encampment,
Wyoming 8232S-0313
DANIEL D. TELFER, 3433 West Bowles Avenue, Littleton,
Colorado 80123-28SO
KNOW ALL MEN BY THESE PRESENTS: That the said William M .. Telfer, of the address
above recited, reposing special trust and confidence in the said Daniel D. Telfer, of the address
above recited, have made, constituted, and appointed, and by these presents do make, constitute, and
appoint the said DANIEL D. TELFER, with full and complete authority , without reservation of any
right whatsoever, to sell and convey the following described real property in fee simple , to-wit:
LOTS 37-38, BLOCK I, SOUTHLAWN GARDENS ANNEX
EXCEPT TifE WESTERLY 5 FEET THEREOF AND
EXCEPT TifE NORTHERLY 25 FEET THEREOF ,
Being situate in the City of Englewood, County of Arapahoe , State of Colorado commonly known
and numbered as 2399 West Wesley Avenue 80110, and to execute a good and sufficient warranty
deed thereto to the purchaser (s); and, generally, to do all acts necessary for conveying as a complete
a title thereto as I, the grantor, would myself convey , hereby covenanting with all whom it may
concern to ratify and confirm all lawful acts done in pursuance of this power and hereby giving and
granting unto the said DA.i~L D. TELFER full power and authority to perform all and every act
and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all
intents and purposes as I might or could do if personally present.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
.Z,s,t'T?H,lre-~ , 2000 .
STA TE OF WYOMING
COUNTYOF c__...,..F'Slt>
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WILLIAM M. TELFER
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Public in and for the said County,~ do hereby certify that WU.LIAM M.
TELFER, who is personally known to me to be the person whose name is subscribed to the within
Power of Attorney, appeared before me this day in person and acknowledged that be signed. scaled,
and delivered the said instrument of writing as his free and voluntary act and deed, for the uses and
purposes therein set forth.
GIVEN UNDER MY BA.~ AND SEAL THIS t>·~, DAY OF -S u>~':«>-Jl • s-, ' 2000.
WITNESS MY BA,~ Ai."g) OFFICIAL SEAL
My commission expires : _ __,\_--..:.\..;;;':;;\~-....::4-:.:::a,~"""S>,,_.., ________ _
Address of Notary Public:
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POWER OF AlTORNEY
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RICHARD R. TELFER, 12 Ridgewood Lane, Estes Park,
Colorado 80517
DANIEL D . TELFER. 3433 West Bowles Avenue, Littleton,
Colorado 80123-2850
KNOW ALL MEN BY THESE PRESENTS: That the said Richard R. Telfer, of the address
above recited, reposing special trust and confidence in the said Daniel D. Telfer, of the address
above recited, have made, constituted, and appointed, and by these presents do make , constitute , and
appoint the said DAi'lIEL D. TELFER, with full and complete authority, ~ithout reservation of an y
right whatsoever. to sell and convey the following described real property in fee simple , to-wit :
LOTS 37-38, BLOCK l , SOUTIU.AWN GARDENS ANNEX
EXCEPT THE WESTERLY 5 FEET THEREOF AND
EXCEPT THE NORTHERLY 25 FEET THEREOF,
Being situate in the City of Englewood, County of Arapahoe , State of Colorado commonl y known
and numbered as 2399 West Wesley Avenue 80110, and to execute a good and sufficient warranty
deed thereto to the purchaser (s); and, generally, to do all acts necessary for convC)'ing as a complete
a title thereto as I, the grantor, would myself convey, hereby covenanting with all whom it may
concern to ratify and confirm all lawful acts done in pursuance of this power and hereby giving and
granting unto the said DANIEL D. TELFER full power and authority to perform all and every act
and thing whatsoever requisite and necessary to be done in and about the premises , as fully to all
intents and purposes as I might or could do if personally present.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this --=3;....fZ.----'-D __ day of
SE:rreoop.sp... 2000 .
RICHARD R. TELFER
STATE OF COLORADO ))
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COUNTY OF h "-J \/E p.___ ))
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I, MEL\SA )>. 2A--R.A§ozA-a Notary
Public in and for the said County, in the State aforesaid, do hereby cenify that RICHARD R.
TELFER, who is personally known to me to be the person whose name is subscribed to the within
Power of Attorney, appeared before me this day in person and acknowledged that he signed, scaled,
and delivered the said instrument of writing as his ftec and voluntary act and deed, for the uses and
purposes therein set fonh .
2000.
GIVENUNDERMYBANDANDSEAL THIS 31(,t> DAY OF ~prem8~
WITNESS MY BAND AND OFFICIAL SEAL
IYCOIIESK'JN E.XPIRES ~1613K14
My commission expires:----------------
~ci). ~
Notary Public
Address of Notary Public:
"Tu':;,1Nc<;,s-New MoNE,.; bcPl2~~
C}t) I £. CoLF~N A.ve .
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POWER OF ATIORNEY
JAYE. TELFER. 6987 Parkside Avenue, Building 8, San Diego,
California 92139-3855
DANIEL D. TELFER, 3433 West Bowles Avenue, Littleton,
Colorado 80123-2850
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~OW ALL MEN BY THESE PRESENTS: That the said Jay E. Telfer, of the address above
recited, reposing special trust and confidence in the said Daniel D . Telfer , of the address above
recited, have made, constituted, and appointed, and by these presents do make , constitute , and
appoint the said DANIEL D. TELFER, with full and complete authority , \\-ithout reservation of an y
right whatsoever, to sell and convey the following described real property in fee simple , to-wit:
LOTS 37-38, BLOCK 1, SOUTHLA WN GARDENS ANNEX
EXCEPT THE WESTERLY 5 FEET THEREOF AND
EXCEPT THE NORTHERLY 25 FEET THEREOF ,
Being situate in the City of Englewood, County of Arapahoe , State of Colorado commonly known
and numbered as 2399 West Wesley Avenue 80110, and to execute a good and sufficient warranty
deed thereto to the purchaser (s); and, generally, to do all acts necessary for conveying as a complete
a title thereto as I, the grantor, would myself convey , hereby covenanting with all whom it ma y
concern to ratify and confinn all lawful acts done in pursuance of this power and hereby giving and
granting unto the said DANIEL D. TELFER full power and authority to perform all and every act
and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all
intents and purposes as I might or could do if personally present.
m Z2ss WBE~~ I have hereumo 7~ ~;.--£~~:....:.:.H __ day of
,.pin.~
ST A TE OF CALIFORNIA ))
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S22 ATTACHED
AoKNoWLEnGEMENT
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a Notary
Public in and for the said County, in the State aforesaid, do hereby certify that JAY E. TELFER.
who is personally known to me to be the person whose name is subscribed to the within Power of
Attorney, appeared before me this day in person and acknowledged that he signed, scaled, and
delivered the said instrument of writing as his free and voluntary act and deed , for the uses and
purposes therein set forth .
GIVEN UNDER MY HAND A.'ID SEAL THIS $~ DAY OF .J+, /_ ·
2000.
WITNESS MY HAND Ai'ID OFFICIAL SEAL.
My commission expires : -~/;-6....,U=-... / ... z.o=o"-"'/'------------
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COUNCIL COMMUNICATION
Date Agenda Item
October 16 , 2000 11 a vii
Subject: Bill for an
Ordinance authorizing
purchase of 2399 W.
Wesley
INITIATED BY: Community Development Dept. STAFF SOURCE: Mark Graham , Senior
Planner and Janet Grimmett , Housing
Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On September 5 , 2000 , Council authorized staff to negotiate on res idential property in northwest
Englewood.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the purchase of resident ial property located at 2399
West Wesley Avenue .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Staff toured the property, ordered and reviewed the appraisal and met with the property owner to
discuss property value .
Several potential uses are available for the property including sites for future AVS homes. sites
for a homeownership initiative, and sites to demonstrate attract ive single fam ily attached
dwelling design .
Developing the subject residential property will require comb ining this property with 235 7 West
Wesley Avenue , then subdividing the land and requesting a variance to accommodate eight
build ing lots with minor variances for lot width and area . The comb ined property could
ultimately be developed with up to sixteen dwellings as eight duplexes . The Planning and
Zoning Commission reviews and approves subdiv ision plats, and the Board of Adjustment
decides var iance requests.
The four lots fac ing West Caspian Avenue could be inventoried until the balance of the right of
way is acquired for public improvements including street and utility extensions . Caspian
appears in the major street plan , however, there are currently neither plans nor budgets to
construct it. Staff may facil itate a meeting with the neighbors to discuss the infrastructure and
the f inancing opt ions .
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A variety of public objectives can be accomplished with the development of this property :
1. Introducing home designs with a more attractive relationship with the street;
2. Developing desirable floor plans (e .g. 3 bedrooms, 2 baths , basements , garages , etc .)
3. Increasing the inventory of affordable new housing for homeownership, and ;
4. "Raising the bar" with better quality housing, hopefully pushing the private development
community towards higher standards in the neighborhood.
Staff negotiated the purchase of the subject property for fair market value based on an
independent appraisal.
FINANCIAL IMPACT
Funds to purchase the property are available through the Housing Rehabilitation Enterprise Fund .
No other sources of monies are required .
LIST OF ATTACHMENTS
Bill for an Ordinance
Map of Neighborhood
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ORD I. ANCE NO.
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO. 40
INTRODUCED BY CO UNC IL
MEMBER WOLOSYN
AN AMENDED BILL FOR
AN ORDINANCE REPEALING TITLE 11 , CHAPTERS 3(A), 3(8), 3(C), AND TITLE 12. CHAPTER
4; AND CREATING A NEW TITLE 11 , CHAPTER 7, ENTITLED "CITY RIGHTS OF WAY ·
PERMITS AND REQUIREMENTS", OF THE ENGLEWOOD MUNICIPAL CODE.
WHEREAS, obstructio ns and excavations in City rights of way dis rupt and interfe re with publi c
u se of t he rights of way ; and
WHEREAS, obstructions and exca va tions in City rights of way res ult in lo ss of parking a nd loss
of business to merchants and others whose places of business are in the vicinity of such obstructio ns
a nd excavations; and
WHEREAS, it is desirable to a dopt poli cies and regulation s which will enable the City of
Englewood to gain greater control ove r the di s ruption and interference with the public use of publi c
streets and rights of way, in ord er to provide for the health, safety and wellbeing of the City 's
r esidents and users of City str eets: and
WHEREAS , significant public funds have been invested to acquire, build, maintain and r epair
the streets within the City a nd cuts a nd excavations in the str eets reduce the useful life of the
pa\"em e nt infrastructure; and
WHEREAS , significant public funds have been invested to place and maintain landsca pin g
w1 t h111 public rights of way in the City and cuts and excavations in the public righ ts of way cause
damage to, and increase the costs of maintaining that landscap ing; and
WH EREAS, at the prese nt time , the City does not have a detailed map or data base indicating
the location, nature, or extent of the e ntire system unde rgrou nd uti lity and telecommurucations
fa ciliti es; and
\VH EREAS , the various public a nd commercial utilities whi ch ins tall , maintain , and operate
fa ciliti es under the City"s s treets a r e constrained, from time t o tim e , to make e xcava tion cuts which
d egrad e the s urfaces of these thoroughfares, the r eby reduci n g t heir useful life; a nd
WHEREAS, operators of motor vehicles (p rivate and commer cia l) pay added gasoline taxes to
comp e nsate for the dam age thei r vehicles cause to City s treets and roads . Part of these taxes a r e
used by the federal government (t he federal highway ""tr ust fund "") fo r constructio n and ma intenan ce
o f 111tcrstate a nd fed eral highw ays. The State of Colorado a nnually transfers revenue from gasoline
taxes t o the Ci t y for street maint e nance. Public and commercia l utilities which degrade the streets
pree emly d o not adequately pay fo r the lon g-te rm d a mage done t o the roadway s urfaces; a nd
WHE REAS, at the prese nt time there is n o formal mech anism nor legal requirement that public
a nd co m mercial utilitie a nd teleco mmunications companies coo rdinate roadway cuts;
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11-7-17: Minimizing the Impacts of Work in the Rights of Way:
• In Section C, we added routine maintenance to the list of exemptions to pemlit servic e pro viders
to work on their facilities during non-peak hours .
• In Section D, we changed the wording to require pemlittees to 'use their best effons'' to eliminat e
tracking of mud and debris onto streets and sidewalks instead of "forbidding .. mud and debri s to
be tracked .
• In Section E. we made a similar change to "best efforts" with respect to protection of trees and
landscaping .
11-7-19: Coastrudioll Md Restoradoa Standards for newly Constructed or Onrlayed Streets:
• We added a Section E, that allowed exemptions in certain cases for non-emergenc y operations to
cut new or resurfaced roads in order to provide services .
11-7-20: Rdocadoa of Fadlides:
• We removed the "sole cost and expense" wording to read instead .. at no cost to the City", to all ow
pemlinecs to seek reimbursements elsewhere.
11-7-21: Abaadoameat and Removal of Facilities:
• In Section C, we created the mechanism for abandoning facilities in place .
11-7-22: Emergency Procedures:
• We relaxed the notification requirements in order to recognize that in certain instances it is not
necessary to notify the City of emergency repairs .
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• ln Section A.3. ,,e tried to be more flexible to allow City pem1its to be issued with th e pro,·ision
that if other pennits were required , then we would just need to see evidence that th ey had been
applied for instead of requiring these pem1its to be obtained prior to our issuance.
• ln Section A.6 , we changed our requirements to merely requiring ·'a signed statement"" in tead o f
"providing evidence'" that perminees were in compliance on previous pennits is sued.
• ln Section A.9, we relaxed the wording to indicate that the pem1ittee is only re sponsible for wlut
is actually known .
• ln Section 8 , we made it a requirement to update pennits only in cases where ·'materiar· ch:mg,e
occurred .
11-7-6: Permit Fee:
• In Section 8 , we added a statement to make it clear that degradation fees were onl~ going tu be
charged where "material disturbance" of the right of way occurred.
11-7-8: Insurance and Indemnification:
• 1n Section A. I , we used the wording suggested by AT&T that was more concise th an our o ri ginal
submittal.
• 1n Section C. l , we changed the wording to make it clear that pem1ittees did not ha,·e to indenmi fy
the city when we caused damages due to our "negligent or intentional acts'".
• 1n Section C.3. we changed the wording to make the perminee responsible to cover ··reasonabl e'·
expenses instead of··actuaJ'" expenses when the City had to defend itself in third party ac ti ons .
• In Section C.4, we changed the wording so that penninees are not responsible for holding the City
hannless in cases where the City officers, employees, or agents are negligent, instead of""gross
negligent".
11-7-10: Performance Warranty/Guarantee:
• In Section D, we made it a requirement that the City notify pem1inees in writing of needed repairs
during the warranty period.
• ln addition, we added Section E that now exempts perminees from warranty responsibilities when
their work subsequently gets disturbed by others.
11-7-14: Traffic Control:
• ln Section G, we provided perminees an exemption from having to get traffic control plan s
reviewed and approved by the City when doing routine maintenance .
11-7-15: General Rights of Way Use and Construction:
• In Section B , we modified the minimal clearance requirements to just water and sewer facilities
instead for all ··public infrastructure".
• ln Section C. l , we made it a requirement that undergrounding be done at "no cost to the City"'
instead of at the ''pem1inee's expense", since the perminee may be able to recover these costs
from other parties.
• In Section C.3 , we changed the wording to treat the City like other service providers when we ask
perminees to allow us to occupy the same trench or bore for non-City ducts and conduits.
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THROUGH:
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DA.TE:
SUBJECT:
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MEMORANDUM
City Council
Gary Sears, City Manager
K~ Ross, Directornf Publ;, Worl<S ']/
October 12 , 2000
Right of Wa y Ordinance Issues and Changes
We have had several meetings with various representatives from Qwest Communi cation s,
EcelEnergy , AT&T in August to discuss the issues and concerns that they had \\ith the propo sed
Right of Way Ordinance . As a result of these meetings. we took another look at th e ordinan ce and
made significant changes in an anempt to work with the parties that are most impacted.
The changes are summarized below :
The fo11owing words were being used in the ordinance, so the following definitions were add ed:
Appurtenances
Chapter
Contractor
Developer
E.M .C.
Park
Rights of Way Occupancy Permit
Servic e Connections -was added in order to create a permit exemption for servic e pro vi der.
ln addition , we modified the fo11owing definitions to address specific service pro vid er co nce rn s:
Emergency-was modified to include a "interruption of services" provi sion .
Surplus Ducts or Conduits definition was modified to extend the numb er of ye ars th at
companies could reserve surplus ducts for future use .
11-7-4: Permit Required
• 1n Section D, we changed the wording to make the permitting the de velop er's responsi bility
instead of the perminee's.
• 1n Section F, we created a "routine maintenance" exemption, whereb y perrnittees can maintain
their facilities , providing they can do the work without bothering others .
11-7-5: Permit Application-Permit Contents.
• ln Section A. l .j , we tried to make clear that the companies that are not required to pro vid e
sepamte performance bonds, are not required to provide itemized cost estimates .
Pri nted o n Recycled Papef.~\
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NOW , THEREFORE , BE IT ORDAi. ED BY THE CITY coc,CIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Se ct ion 1. Th e City Cou ncil of the City of Englewood. Colorado hereby repeal s Tiile 11 . Chapt r
3A. ·'Co nstruction Permits a nd Requirements" in its entirety, of the Englewoo d l\luru cipal Code.
Sect ion 2. The City Council of the City of Englewood . Colorado hereby repeals Title 11. Chapter
3B , ··con truction Specifications" m its entirety , of the Englewood Municipal ode .
. \'\'l ion 3. The City Council of the City of Englewood , Colorado hereby repeals Title 11. Chapt e r
3 . "E:,.cavations" in its entirety, of the Engl ewood Municip a l Co de.
:5ftru.91l..:1 . The City Council of t h e Ci ty of Englewood. Colo rado hereby rep eal Tnl e 12 . C'h a p er -1.
"Fib r Optic Cable Regul a tion s" in it e ntirety. of the Engl ewoo d !\lunicipal C'ode .
Semon 5. The Englew oo d City Co uncil he re by a me nd s Title 11. by the addition of a new hapt r
,. o the Englewood Muni cip al Code . e nttiled "City Right Of Way . Permits and Requ ire ment s".
wlu ch ·hall rea d as follow s:
11 -7: CITY RIGHTS OF WAY -PE RMITS Al\'D REQUIREMENTS:
11 -i-l: PURPOSE AND QB .JECTIVES :
This Chapter prov ide , pnncmles proce dures and associated fundmg for the pl acement of
structures and Fac1ht1es co n s truction exca vation encroachments and work actmues wn hii:i
or upon anv Pubhc Right of Way and to protect the inte gr itv of the road system a nd the
and charge s.
Objectives ·
th
prov1s10 n of pubhc se rvices should m the mteres t s of the gener al welfare be accomm odated ·
howe \'e r the Citv must in s ure that the primary purpose of t h e Right of Wav pa ssa ge of
pe destrian and vehicular traffic is mainta in ed t o the grea test ex . l
t he value of other public and private i n s tallations roadwa vs fa c1htj es and properties
sh ould be protected competmg uses must be reconciled and the public safetv preserved ,
The use of the Right of\-\' ay corridors bv private users is secondary to these pubhc ob1 ec t1v es
a nd the movement of traffic. This Chapter is intended to strike a balance between the publt c
nee d for efficient safe transportation routes and the use ofRi~hts of Way for location of
fa cilities by public and pnvat.e entities It thus has several objectives ·
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J,. To insure that the public safety is maintained and that public inconvenience is
minimized.
~-To protect the City's infrastructure investment b,· establishing repair standards for
!he pavement facilities, and property in the public rights of way, when work is
accomplished.
g. To facilitate work within the rights of way through the standardization of
regulations.
~-To maintain an efficient permit process .
!!· To conserve and fairly apportion the limited phy s ical capacity of the public rights of
way held in publi c trust by the City .
&, To establish a public policy for enabling the Cm· t o discharge its publi c trust
consistent with the rapidly evolving federal and state regulatory policies, industrv
competition and technological development.
Z, To promote cooperation among the Permittees /a s defined herem} and the C1tv in the
occupation of the public rights of way, and work therein, in order to /i} eliminate
duplication that js wasteful. unnecessary or unsightly (ii} lower the Permmee's and
the City's costs of providing services to the public. and (iii} minimize street cuts .
~-To assure that the City can co ntinue to fairly and responsibly protec t the pubhc
health safetv and welfare .
11-7-2: DEFINITIONS:
For the purpose of this Chapter the following words shall have the following meanings :
ACCESS VAULT:
APPURTENANCES:
Any structure co ntaining one or more Ducts conduits
manholes. handhole or other such facilit1ill.D
Permittee's Facilities .
Transformers switching boxes. gas regulator
stations terminal boxes meter cabinets pedestals
junction boxes handho)es substations system
amplifiers power supplies pump stations manholes
valves and valv e housings and other devices that are
necessary to the fun ction of electric. communicatio ns
cable te)ev1S1on wat er. sewer. storm water. natural
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CHAPTER:
CITY :
CITY MANAGER :
CONTRACTOR :
DEGRADATION :
DEVELOPER:
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DUCT OR CONDUIT:
EMERGENCY: •
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gas and other utilities and services .
Title 11 Chapter 7. of the Englewood Municipal Co de
entitled City Rights of Way -Permits and
Requirements.:
City of Englew ood Colorado.
The chjef executive officer of the city governm ent of the
City of Englewood or the manager"s authorized
representative .
A person. p a rtn er s hip corporation. or other legru
e ntity who undertakes to construct. mstal1 alt.er
move remove trim demolish repair replace
excavate or add to any improvements covered bv this
Ordinance. that req uires work workers and/or
equipment to be in the Public Right of Way in the
process of performing the above named operat10n s.
A decrease in the useful life of the street
improvements or damage to any landscaping within
the Rights of Way caused by excavation in or
disturbance of the Right of Way resulting in the need
to reconstruct the s urface and/or subsurface structure
ofsuch Right of Way earlier than would be required if
the excavation or di sturbance did not occur.
The person partne rs hip. corporation or other legal
entjty who is improyjng a parcel of land within the
City and wh o is legally responsible to the Citv for the
construction of improvements within a subdivision or
as a condition of a building permit .
A single enclosed r ace way for cables fiber optics. or
~ires or a prne or canal used to convey fluids or
Means any event which may threaten publjc health or
safety. including but not limited to damaged or
kakjng water or gas conduit systems damaged.
plugged. or leaking sewer or storm drain conduit
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EXCAVATE:
FACILITIES :
FENCE :
INFRASTRUCTURE:
LANDSCAPING :
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fERMIT:
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svstems damaged underground electrical and
com munications facilities. or downed overhead pole
structures .
To dig into or in anv way remove. distribute or
penetrate any part of a Right of Way .
Includes without limitation any pipes. conduits .
wires. cables. amplifiers transformers fiber opti c
lines antennae poles transmission structure~
lights. ducts fixtures and Appurtenances and other
like equipment used in connection with transmitting.
receiving distributing offering and providing utilities
and other services .
Any artificiallv constructed barrier of wood ma sonn·
stone. wire metal or any other manufactured
material or combination of materials erected to
enclose partition beautify mark or screen areas of
land.
Any City owned facility. system. or improvement
including. without limitation water and sewer mains
and Appurtenances. the City Ditch storm drains and
structures. streets alleys. traffic signal poles and
Appurtenances conduits signs landscape
improvements sidewalks. and public safety
equipment .
Materials including without limitation. grass ground
cover shrubs vines hedges. or trees and non-living
natural materials commonly used in landscape
development as well as attendant irrigation sy stem s.
Any area used as a park. play1Zround open space or
trail devoted or de signated for active or passive
recreation
Any authorization for use of the Public Rights of Way
granted in accordance with the terms of this Chapter
and the laws and policies of the City .
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PERMITTEE:
PERSON:
PUBLIC RIGHT OF WAY OR
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The holder of a valid Permit issued pursuant l-9 th1 s
Chapter.
Any individua l firm entity. partne r shi p sp c.i.aL
metropolitan or ge neral di s trict association .
corporation companv or organization of a nv kmd .
RIGHT OF WAY OR PUBLIC WAY: The total surface a rea. and the area above and below
the surface that is dedicated deeded reserved bv
plat or otherwise owned or controlled bv the Citv for
public use for : Infrastructure improvements
pedestrians vehicular movement Parks. utilities. or
storm drainage a nd runoff.
RIGHTS OF WAY
~lJPANCY PERMIT:
SERVICE CONNECTIONS :
SPECIFICATIONS:
STRUCTURE:
Any Permit for temporary use or occupation of Public
Rights of Way where there are no Infrastructure or
Facility improvements proposed to be placed in the
Public Way and existing Infrastructure or Facilitv
improvements in the Right of Way will not be
disturbed. Rights of Way Occupancy Permits do not
require payme nt of degradation fees as part of the
Permit fee .
Any work involved in taking the Permittee's se rvi ces
from the Permittee's Facilities to individual
properties whe n this work can be done without
disturbing Publi c Way street improvements .
Engineering re gulations. construction specifications
and design standards adopted by the City .
Anvthing cons tructed or erected with a fixed location
be low . on. or above grade. including. without
limitation found ations fences. retaining wall s
~ngs balconies and canopies.
SURPLUS DUCTS OR CONDUIT~: Conduits or Ducts other than those occupied bv
Pennittee or any prior Permittee. or unoccupied Ducts
held by Permittee as emergency use spares. or other
unoccupied Ducts that Permittee reasonably expects
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to use within three {3) ,·ear s from the date of a
request for use.
Any use or storage of equipment or materials. or anv
labor perform ed including but n ot limited t-o the
co nstruction mai ntenance and r epairs of streets and
a ll related Appurtenances fixtures. improve me nts.
s idewalks drivewav ope nings. land scapi ng bus
s helters. bus pads st reet light s and traffic s ignal
devices. It shall also mean co n. trucuon. m amte nance
and repair of a ll und erground structures uch as
pipes. condwt duct s tunnels. manholes rnults.
buried ca bl e wir . QLaI!.Y..Q ther s imilar structure
loc ated be low s mfa ce. and m st.a llat10n mamtena nce
and rep air of overh .ad poles and wire s u sed fo r anv
purpose.
The Permittee's right., hereunder are s ubj ect to the pohce powers
of the City whi ch include the pow er to adopt a nd enfo rce its Code including amendments
to this Chapter necessary to the safety. health . and we lfare of the public. The Permittee
s hall comply with all applicable laws and ordinances e n acted or hereafter enacted. bv the
Citv or any other lega)lv constituted governme ntal unit having lawful jurisdiction over the
s ubject matter hereof. The Citv re serves the right t o exe r cise its police powers
notwithstanding anything m this Chapter and the Permit to the contrarv. Anv confli ct
between the provisio ns of the Chapter or the P e rmit a nd a ny other present or future lawful
exercise of the Citv poli ce powers s hall be reso lv ed in favor of the latter.
ll-7-4 : PERMIT REQUIRED:
~ Co ntractor's Lic e nse. It s h all be unl aw ful for anv Per on other than the City or a fran chisee
to perform any Work in the Public Way without fir st o btaming a Contractors License form
the City .
Ob taining a Perm it . ;s!o perso n except a n emplovee o r officia l of the City or a person
exe mpted bv contract with the City shall undertake or permit to be undertaken any
co ns truction. excavation or Work in the Public Rights of Way without first obtaining a
Permit from the City as set forth in this Chapter. except for Service Connections ·
Emergencies as proV1ded in E.M.C. 11-7-22 and routine maintenance as provided m E .M .C .
ll-7-14(H}. Such Permits will be issued only to regul a rly li ce nsed and bonded co ntractors.
or to a hom eo wn e r for the property in which he owns a nd r esides. A co py of each perm it
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under thi s Chapte r ma ,· not be e ffective fo r mor e than one hundred and
Th ex ira ion date of the P rout shall be stat ed on th P enmt.
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Ji caiion . If a fter co nstru ti on ~va t 10 n, or
Wo rk i co mme nced unde r a n a pprO\·ed Pe rmit, it becomes necessarv to perform
fQLihe ad dition al co n struction e xcavation. or \\'ork. and
,id dittonal am oun t owed .
l)
required _ec un tv pur ua nt o tlu s Chapt e r a nd a grees t o be bo un
the P e rmit a nd th is Chapte r .
J;; De ,·e loper Ow ne r s hi p of ~P=u=b=l=ic==I nf==r=a=s=ti=·t=1c=t=u=r=e=. =========-================"====
ubli mfrastructure in new deve lo men
~up of t h at infrastructure rem a rn s with the den~loper of the laJ1d un1il ac c rnnce b,·
the Citv . Anv De,·e lo per of la nd wh er e Wo rk is und e r taken on ln frns tructure h11t..1B wJthm a
Publi c Right of \\ a v. bu t p r ;o r to accepta nce bv t he Cnv ~ha ll obtain a Permn rom the
Th e C it,· will not acce pt pub hc Infrast ructure impro,·~menu. wh ere Wo rk
F Excavatm Without a P nun. An v pe r so n or uttlitv fou nd to b co nduct in a nv excavauon
actwitv within the pu bli c Rig ht Of\Vav without havm first btamed the re u1r ed P r DI s__
e xce t fo r Servi ce Con nec ions a nd as provided in E.l\l.C. l l·i-22. ha11 1mm edrn t eh · cease
all ac tivity (exclusi,·e of acnons r equired to stabili ze he area) a nd be r equ ired to obtai n a
Pe rmit be for e Wo r k mav be r es tarted . .-\ s urcharge shall be r equi r ed m addn10 n t o a ll
ap p li ca bl e P e rmit fees. This s urcha rg s h a ll be se t b,· Counc il Resolut10n .
C Ro utme l\fa inten3 nce E x mption . Anv Permittee ma,· un d r tak e r outi ne ma intenance on
~xisting faci liti es without obta ining a. Pe rmit from the Cnv Providing :
;s:o work occurs on a nv co llector or arterial street on a weekdav during t.h e mormn g_ru:
eve ning rus h hours as defined by E.M C 11-7-14())).
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Safe work area traffic signing and barricading is provi ded in accordance with Part VI of
the Manual on Uniform Traffic Control Device~.
g. The routine maintena nce work does not involve anv material disturbance of any Public
Way Infrastructure improvements.
ci· The routine maintena nce work d oes not involve a nv activities that generate nqi§e
levels that constitute a public nuisance as defined rn the noise control provisio ns of the
E .M.C . 6-2 between the hours of 9 :00 p.m. and 6:00 a.m .
11-7-5 : PERMIT APPLICATION -PERMIT CONTENTS :
{j. Permit Application . An app licant for a Permit to allow co nstruction excavation. or Work in
the Public Right of Way under this section shall:
File a written application on forms furnished bv t he Citv which shall include the
following :
ll: The date of appli cation.
g, The name and a ddress of the applicam
~ The nam e and address of the Developer.
d . The n a me a n d addr ess of the Contractor wh o 1s going t o perform Work in the
Public Righ t of Wa y (Contractor must h ave a Co ntractor Li ce nse from the Qi!Y1
~ An emerg e ncv t e lephone number at. which t h e Co ntractor doi ng the Work llli!ili
contacted on a 24 h our ba s is .
t The exact )ocn n on of the proposed cons truction. excavation or Work activitv .
is A de scri ption of the Work proposed .
!!c The type of existing public Infrastructure (s treet pavement. curb and gutter.
s idew alks or utilities) imp acted by the co nstruction. excavation or Work .
!· The purpose of the proposed construction excavation or Work.
j . Estimated start date and estimated time to co mplete Work .
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~-'.fhe proposed hou r s of Work .
1 An itemization of the total cost of r estoration. (If r e quire d to establi sh the
performance bo nd r e quirement.) Itemi zed costs s h ould b e based on actual cos t
to d o work. 1f m the opini on of the Ci ty Ma nager the itemized costs appear
madequate then the co _t shall be a djusted to be in line with the mo st r ece nt
bids r ecei,·ed bv the CitY or bv the Colorad o De partme nt of Tra n spor tation for
similar work .
~-Any delinque nt charges due the City bv t h e applicant or its contractor for prior \\"a rk
must be p aid . P ermittee m a ,· establi s h a n escro w account with the Citv t.o cov e r
c harges for Pe rmits .
Attach copies of all Pe rmits or lice nses requi r e d t o do t he proposed Work . or to work
in the Public Rights ofWav (i ncluding r equired in s urance de p osits bonding, a nd
wa rranti es unless otherwise s pecified in a franchise agreement between the
P ermittee n nd the Ci tv). a nd any lice n ses or pernms that a r e rmired unde r the
la ws of the United States. the State of Col orado. or ot h er ordma n ces or r egulation s of
the C ity . I f releva n t permits or lice n se h nve bee n ap plied fo r but n ot yet r ece l\·ed
provide a written statement so indica ting . Co pies of a n v such permits or li ce n ses
s hall be provided to the Citv within fortv-e igh t (4 ) hours after r eceipt.
;1. Provide a satisfactorv plan of Work s howing protection of the s ub1 ect prop e rt,· a nd
adjacent properties .
g. !'rovide a satisfactorv plan for the prot ection of xi s t mg landscaping when the Cm·
d etermines that damage m ay occ ur.
g. Incl ude a s igned statement verifying that a ll orders issued bv the C~
a pplicant req uiring the applicant to co rrect defi cie ncies on previous permits h ave
been satisfied .
J. Include w ith the app lica tion e ngineering co n struction drawings or s ite plans for the
proposed co n struction e xcavation or Work .
9 .
Incl ude with the applicati on a satisfactor v traffic co ntrol work area barricading. and
e ros10n protection pla ns for the proposed co n s truction. e xcavation . or Work .
Include a s tatem e nt in di catmg a nv propose d 10 111t u e or ownership of the Facilitv :
any known e xisnng faci lit.v or Permit of the applica nt at this locatio n· a ny know!]
existing fa cilitv of others with whjch the prop osed inst.allat ions might co n fli cr a nd
the name a ddress and tele phone number of a representative of the applicant
available to revie w proposed locations at the fil.te.
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10. Pav all required Permit fe es.
~-Updating Apphcations. Applicants shall update anv new information on Permit
a pplications within ten 00) davs after anv material change occurs.
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~-Joint Applications . Appli ca nts may apply jointlv for Permits to Work in public rights of wav
~me time and pl ace. Applicants who applv joi.ntlv for Permits mav shar e in the
payment of the Pe rmit fee. Applicants must agree among them selves a s to the portion eac h
shall pay .
11-7-6: PERMIT FEE:
!'.}. Permit Fee . Before a Per mit is iss ued pursuant to thi s Cha pter the applicant shall pay t o
the City a Penmt fee whi ch shall be determined in acc orda nce with a fee sc hedul e adopted
by the City Council by r esol ution . Fees wjjJ be rea so nablv related to the costs inherent in
managing the Publi c Rig hts of Wav . The se costs includ e but are not ne cess arilv limited t o.
administering this Chapter the costs of permitting ve rifvmg and mapping Rights of Way
occ upations inspecting job sites and Rights of Wav res torat10 ns. and costs r elating t o the
degrad ation of the Rights of Way. i.e. the cost to achieve a leve l ofrestoration as determined
by the City at the time the Permit is issued .
~-Reduction in Degradation Costs. The portion of the Pennit fee relating to degradation
costs shall be reduced bv the City in cases where th e applicant demonstrates to th e
satisfaction of the Ci tv Manager that the excavation proposed wiU be used bv three or
more entities. legallv and financjaHv unrelated, for the installation. maintenance or repair
of Facilities. The degradati on cost po rtion of the Pem1it fee shall be further reduced in
cases where the applicant de monstrates to the satisfaction of the City Manager that the
excavation to be made w ill be commenced and completed during the twenty-four (24)
month period imm ediate Iv prior to the sc heduled repaving or resurfacing of a street. as
indicated in the most recent edi tion of the Cjtv 's Repaving Plan. There are no degradation
costs for Work that doe . not mvolY e material disturbance of stree t improvem ents m th e
Rights of Way .
11-7-7 : PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHA RGES :
Reserved for future use.
11 -7-8 : INSURANCE AND INDEMNIFICATION:
Q· Insurance Coverage . Unless otherwise specified in a franchise agreement betw ee n the
~e a nd the Citv prior to the granting of any Permit the Permittee shall fil e with the
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Citv a n i n s urance policv or ce rtificate m a form satisfacton· to the Citv with co ve r a e as
fo ll ows:
Je . The Perm1ttee shall ca rrv and maintain in full effect at all times a co n~
general habilitv poh c'", including broad form prope rtv damage completed operations
contractual liabil it,· e xplosion hazard co ll apse h azard. unde rground pr~
damage h aza rd com m onlv known as XCU for limits not less than one milli on
dollars ($1.000 000 .00) each occ urrence for damages of bodilv injun or death to one
QL!!lQl'.e persons; and five hundred thousand doll ar§...{Sfill!).000 .00) each occurre nce
for d amage t o or de s truction of property.
~-Workers co mpen sa ti on ins urance as r eq u i r ed b,· State law .
The Cit\· s hall be relieved of the obligation of s ubmitti ng a ce rtifi cate of insurance.
£}. Insuring Additiona l o r SubRe quent P e rmit H olders. \\"henever anv perso n has filed with the
City evidence of insurance as r e quired a n v a dditional or s ubsequent Permit hold e r in the
employ of said initial perso n mav at the discretion of t h e C1tv. be excused from depos1tmg or
filing a nv additional evide nce of insurance if s u ch e mplo,·ee 1s fullv covered bv the
Permittee's insurance p oli c\".
~-Protection Agains t !mun• or Dam age t o Pe r so n s o r P r operty. Each P e rm ittee s h all
co nstruct. maintain. a nd operate its fac1hties m a manner which provi d es protection a gains t
injury or damage to pe r sons or property.
J,. The Permittee for itself and its related entitles. age nts em ployees. subcontractor s.
and the agents and emplovees of said subco ntractors s h a ll save the City harmless
defend and indemnifv the C,tv its succe~sor s a ss igns officers. e mplovees age nts
and appointed and elected official from a nd a gain s t all liability or damage a nd all
claims or demand s whatsoe\"e r in nature unl e. caused bv the negligent or
in te n tional a ct s of the Citv and reimburse the C1tv fo r all its r easonable expenses. as
in curred ansmg out of t h e ins tallation . m a111te n ance operation or anv other \\'m:kJ1r
activity in the Publi c Righ.l..QQYay or by the Pe rm1ttee r e lated to its u se thereof.
including but n ot limited to. the actwns of the Pe rmittee its e mployees agents •
Contractors. related e ntities s uccessors and assigns or the securing of a nd the
exercise bv the P ernuttee of the Pe rm it rights granted in the Pe rm it. including anv
third partv claims ad minis trnttve h earings and litigation ; whether or not any act or
om1ssjon co mpla111 ed of js authorized allowed or prohibited bv t h is Chapter or other
applicable jaw .
~-The term . of each co ntract awa rded bv the P e rmittee for activities pursuant to a
Permit sha ll co nta111 mdemmtv prov1sjons whe r ebv the Co ntractor s h a ll indemrufy
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the Citv to the same e xtent a described above .
~. The Permittee s h a ll have the righl.!&..!iefend the Citv with r ega rd to all t h ird partv
~s. d a mages and penalties arisi ng in anv w av o ut of the e xer~v ri~
the P e rm it. I f at anv ti me . h owever P e rm ittee refuses to defe nd and the Citv e~
to defend itself with r e gard to such m atters the P e rmittee s hall pav all r easonahle
expen ses inc urred bv the Citv r e lated to its d efe n se.
~. In t h e event the Ci ty institutes litigation again t th e Permittee for a breach of the
P e rmit or for an 111terp retat.ion of this Chapter and the City is the prevaili ng partv .
the Permute _ha ll r e imburse the City for all cos ts r elated h e r eto including
r asorutl:>l e attornev 's fees . The Permittee sha ll n ot be obli ated to h old harm! s~ or
mdemmfr the C11.v for claims or d e m a nds t o the extent that thev a r e due t o the
n e gligence o r anv mtentional a nd/o r willful act of the Citv or a nv of its office r s.
emplovees o~.
g. In the e,·e nt the Permittee is a public entity the indemnification r e quirem ent. of
tlu sect10n shall be s ubje ct t o the pro,isions of the Colorado Governm e ntal
lmmunitv Act.
11-7-9 : PERFORMANCE BOND/LETTER OF CREDIT:
~. Letter of Credit. Before anv Permit required by this C hapter s hall be issued to an
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ap plicant the applicant shall file with the City Manager a bond or letter of cr e dit in fav o r of
the City in an a m o unt equal to the total cost of construction. including labor and materials,
or five thousand dollars, which ever is greater. The bond or letter of credit s hall b e e xecuted
bv the applicant as principal and bv at least one s urety upo n whom service of process m av
be had in the state. The bond or letter of credit shall be co nditioned upon the applicant fu ll v
co mplving with all provi .1o ns of Citv ordina n ces rule s and r e gulations. and upon pa,·ment of
all judgments and cost s r e nde red agamst the applicant for anv material violati on of City
o rdinances or state _ tatutes that mav be r ecove r ed agamst the app li cant bv anv person for
dam a ges a n sing out of anv n e gligent or wrongful acts of the app li cant m the performance of
Work done pursuant to the Permit. The Citv m av bnng a_n actio n on the bond o r letter o f
credit on its own behalf or on behalf of anv person so aggrieved as beneficiary. The bond or
letter of cr edit mus t be approved bv the City Manager ns t o for m and as to the r esponsib1htv
of the s uretv thereon pri or to the issuance of the Permit. H owever the Ci ty mav waive the
r e quirements of anv such bo nd or letter of credit or m a v permit the applicant to p ost a bond
without s uretv the reon upo n finding that the applicant h as financial stability a nd assets
located in the state to satisfv a nv claims intended to be protected against the securitv
req u ired by this section .
Letter of Responsib11itv . A le tter of responsibility will h acce pted in lieu of a performance
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bond or letter of cr e dit fr om a ll publi c utilities. all fr a nchised e ntities and all metropo lita n .
water a nd samtat10 n d1 s tnct s ope rating within the Cit,·.
~-Performance Bond Duration . The pe r fo rm a nce bond lette r of cr ed it or letter of res pons1b1lit v
s hall r e m ain in for ce a nd e ffec t for a minimum of t wo vea r s a ft e r co mpletion and acce pta n ce
of the stree t cut e xcavation or lane cl os ure .
ll -i-10: PERFORMANCE WARRANTY/GUARANTEE :
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Warrantv. Anv wa rra ntv made hereunder sh a ll se rv e as sec uritv for the performance of
Work necessarv t o r epair the public Right Of Wav if the Pe rmittee fails to make the
nece ssary repairs or to comp le te the Work unde r the P ermit.
Guarantee. The P e rmittee . bv a cce ptance of the Pe rmit. e xpresslv wa rrants and guarantee s
co mplete performance of the Work in a ma nner a cceptab le t o the Citv and warrants a nd
gyarantees all Work d one for a pe riod of two vears a ft er the date of initial acceptance. a n d
agrees to maintain upon demand and to make all necessa rv r epai r s during the two vear
period. This wa rra ntv shall include a ll re pairs and a ctio ns needed a r ult of:
Jc. Defects in Wo rkm a n ship .
~-Settling of fills or e xca vation s .
~-Anv un authonzed d e nat1 on s fr om the appro,·ed pla ns and s pecifi ca ti ons.
i · F a ilure t o barncad E;!.
g. F a ilure to clea n up during a nd after perfo rm a nce of the Work .
~-Anv oth e r violation of this Chapter or the or dina nces of the Citv.
P eri od of Warrantv . The tw o vear warrantv pe r iod s h all run from the date of the C1tv ·s
initia l acce pta n ce of t h e Wo rk . If repair s are required dunng the two year warra ntv pe r iod
those repair s n ee d o nlv be wa rranted until the end of th e initial two vear period s t arting
with the date of initial acceptance. It 1s not n ecessarv that a new two year warrantv be
provided for subsequent r e pa irs after initial acceptance .
Repairs Under Warrantv . At anv tim e prior to co mpl e tion of the two year warrantv period .
the City may notifv the Permittee in writing of anv nee ded repairs. Eme rgencv r epairs s h all
be completed within twentv-four (2 4) hours if the defect s a r e determined bv the Citv t o be a n
imminent danger to the public health . safetv and we lfa r e. Nonemergency repairs s hall be
completed withm thirty (3 0 ) calendar davs after nouce . If s uch d eficiencie s are not co rrected
within the prescribed time the Citv mav make such co rrec tions and the Permittee s h a ll pay
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t h e a ctua l co st s the r eof plus a penaltv of fifty percent (50%) of the amount thereof.
Work Di s turbed Whil e U nd e r Warra ntv. The warrantv d escribe d in this section shall cov e r
onlv those areas of Work und e rtaken by a Permittee and/o r its Contractors. In the e,·ent
t ha t Work of anothe r Perm it t ee or the Citv subsegue ntl v impacts a p ortion of Work unde r
warrantv by a P e rmitte e dur ing the warrantv period the n the subsequent P e rmittee or the
Citv s h a ll ass um e r es pon s ibility for repair to the subsegue ntlv impacted se ction of Righ t of
Way .
11-7-11 : INSPECTIONS:
The C1tv s hall have the right to m a k e in pections at anv time t o re1ect any work or materia ls whi ch
a r e d e fec tive or d o not co n fo rm w1th the re quirements of this Co de the approved plans or
, peci fic a tions . U pon re,jew of t h e i,l Pphca u on for a Permit the Citv Manager shall de t e rmine h ow
m any inspections if anv m a v be r q uire d . For most Pe rmits the ins pection procedure will e ntail
t he follo wing :
J,. The C itv conduct s a pre -co n s truction IQ pect1 on . t o <l et.e rm ine any necessa rv co nd1t1 on . fo r
the Permit.
., g . The C ity s hall in s pect t h e cQ!Jl p l t ed \\"ork w1thm twe n t v-on e (21) days of Pe rmittee's
r e quest fo r initia l a cce pta nce. l m t wl acce ptance will be give n if all Work mee ts Citv a nd
Pe rmit s t a ndard s.
Approximatelv t h1rtv (30) d avs prior t o the expiration of the two-vear guarante e . the Citv
s hall conduct a fi na l a cce pta nce ins pection of the co mpl e t e d Work . If the Work i s till
s ati s fa ctorv the bond or le t te r of cr e dit shall be returned or allowed to e xpire with a lette r of
fin a l acce pta n ce . less a n,· a m o unts n eeded to compl et e Wo rk not done bv Permittee .
For Wurk tha . d oes not invo lve mate rial di s tum.aru;e in the RigillS..f)fWay the City Manage r s hall
"'a 1ve t he final acce ptance ins p e ct ion and the pe rformance bond/le tte r of credit.
11-7-12: PUBLIC SAFETY:
The Pe rmittee shall mainta in a s afe work area free of safetv h a zards. The City may make anv
re p ::m necessary to eljmjnate anv s afety hazards not performed a s directed . Any such Work
p e r fo rmed by the City shall be co mpleted and billed to the Permittee at overtime rates . The
p ,,r m1ttee s hall pay a ll s u ch ch a rge s within thirty (30) d a \'s of the s tatement date . If the Permittee
.ul ~ 19 u.fil!.Ch charge within t h e p r e s cribe d time pe p od . the C ity may in addition t o takm.lLQ.ther
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.co ll ~cr10 n remedies. seek r e imburse ment through th w rrant,· uarantee. Furthe rm or e the
Pe rmtttee may be ba rred from performing anv Work in the Public Right ofWav. and under n o
circ umstance s will the Citv issue anv furth e r Pe rmits of a nv kind to said Permittee. until a ll
out , tanding charges have been paid in full.
11 -i-Ia: TIME OF COMPLETION :
c\ll Wo rk cove red by the Pe rmit s h all be completed bv the date stat don the a li e tion . P e rmits
§hall be void if Work h as not commenced s ix months after iss uance unless an extension has been
granted by the City Manage r. Performance bonds letters of credit or letters of r espon si bilitv
depos1 e d as a performance/warra ntv gua r antee for ind1v1rlu al Pe rmits will be r e turne d a ft e r ,·o tdmg
of he Permit with administrati,·e a nd anv other Ci tv costs deducted.
l_l-i-U : TRAFFIC CONTROL:
H
s ubmitted to the Citv prior t o starting co nstrucpo 1 rovid d in E .~1 . . 11· i ·22
a nd l l-7-14{H). P a rt VJ o f the Manua l on L'mform Tr::i fi e Co ntrol Devices or a m · successo r
publication thereto shall b used as a guide fo r all m;i1 n e nance a nd co n structio n si gmng.
The Permittee s h a ll illu trate on th P rm1t the warning a nd co ntro l d ev ices propose d for
use. At the direcuon of the C1ty ~fa nager s uch warning and control d evices s h all be
modifi e d . No P ermit will be issued unul th e plan is app r ove d bv the Citv . The Pe rmittee
s h a ll use e xtra ca r e so as t o minimiz disruption t o ad1ace nt prope rtv and dri,·es and t o
provide access t o parking areas while acco mplishing the Work. If access t o private prope r v
must be blocked in orde r to accomp lish the Work then t h e Pe rmit~ s hall de,·elop an a cces.
maintenance plan in coordination with and based o n all r easonable require m e nts of the
affecte d propertv owners and tenants. and s ubmit it to the City. No Permittee s h all bl oc k
access to and fro m sid estreets allevs maintenance r oads. walkways. drive ways . id e walks.
bikepaths fire hvdrants. fire stat10n s. fire escapes. m ail boxes dump ster s. parked ve hi cles.
water valves. unde rground va ults valve housing structures. or anv other vital eq uipm e nt
unless the Permittee de mon s trates to the Citv that h e/s h e ha s worked with the ow n e r o r
occ up a nt of the faci lity t o minimize pote ntial imp act s.
Street Clo ures. If a stree t closing 1s desir e d the Pe rm 1ttee will req uest the assi tance and
obtain the approval of th e Citv. It sh:i ll be the r espon s ibilitv of the Pe rmittee to develop a
de t our and s igning plan. 1H o,·ide adva n ce warning signs t o a dvi se drivers of the street
clos ure a nd deljve r n otices to the affected properties a mim mum of 48 h ours prior to anv
s tree t closure. It s h a ll be the r espon sibilitv of the P e rmittee to notifv and coordinate all
Work m the public way with police fire. a mbulance. oth er governmental entities. and transit
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Fla g Persons. When n ecessary for public safety the Pe nnittee shall emplov flag pe r so n s
whose duties shall be to co ntro l traffic around or through the construction s ite . The use of
fla g person s mav be r eq uired by the Citv Manager.
Acc eptable Ho urs of Construction. l\"o co nstruction s hall be performed that obstructs or
impedes the fl ow of traffic on a rterial or collector s treets on weekdavs during the hour~ o f
7:00 a.m. to 9:00 a.m . or 3 :3 0 p .m . t o 6:00 p .m. without the approval of the Citv Ma nager.
e xce pt as provi d ed in E .M.C . 11 -7 -2 2. No work will be performed in the Public Wav that
involves activities that ge ne rate n oise leve ls that co nstitute a public nui san ce as de m d 111
the noise control provision s of E .M .C. between the h ours of 9:00 p .m . and 6:00 a .m . w thout
the approval of the City :\1ana ger e xce pt as provi d e d in E .'\1 .C . 11-7-22 .
J;;. Traffic Control Devices. Effec tive wo rk a re a traffic co n trol must be provi d ed for all str ee t
co nstruction and m aintena nc~d u t ilitv and teleco mmu ni ca tions work a nd mai nte nance
in orde r to provide for the safetv o f the workers ve h icula r use r s. a nd pe d estrians. The tvpe
of traffic co ntrol s h ould be sel ected based upon the tvpe of roa dwav , tra ffi c co nditions
duratio n of operation. ph\"s ica l co n straints and the proximitvof the works pace t o traffi c. ,\11
traffi c co ntrol d evi ces a nd advan ce wa rning signs used fo r work area tra ffi c co nt r ol s hall
co nform t o the applicable specifications in Part VI of the Ma nual 0 11. Um fo rm Tra ffi c Co ntrol
Devices. Traffic co ntrol de\"i ces a r e to be supplied bv the Pe rmittee . If u sed a t night the\"
mus t he r e fle ctorj ze d a nd m ust be illuminated or h a ve barrica de warn mg lights.
Prohibited Method s of Illum 1nation . Oil flares or kerose ne la nte rns a r e n ot allowed a s
me ans of illumination . Nigh ttime wo rk area flo od light i ng hall not be a ll owed t o s pill o ut of
t he co ns truct10n area 111 s uch a wav as to disturb a m1 0,· or end a ng er the co mfort hea lth or
peace of ot he r s .
Q. Mainte n a nce and Co n struction Signing. The Contract or h a ll be respons ibl e for m a inta ining
a ll work area signi ng a nd ba rricading during co n structio n operations as we ll as a nv s ign s
and barricades th a t a r e needed t o protect roadwav use r s a nd pe destrians during non-w ork
hours . During n on-w ork h ou r s. a ll co ns truction wo rk area s igns that are not a ppropria t e
s hall be r e moved co ve r ed or t urned a r ound so tha t t hey do not fa ce traffic. Any defi ciencies
noted bv the Citv s ha ll be co rrecte d imm e diately bv the Co n t ra ct or . If Contractor is not
a vailable or cannot be found . the Citv may make s u ch co r rections and the Contractor sh a ll
pav the actua l costs plus a pe nalty of fiftv percent (50%) of the amount ther eof.
Ro utine Mainten a nce . Any P ermitte e may undertak e r o utine maintenance on exi s tin!f
facilities without o bta ining tra ffic co ntrol plan approva l from the City providing:
J: No work occ urs on anv co ll ector or arterial street on a weekday during the morning or
evening ru sh hou r s as de fin e d bv E.M .C. 11-7-1.J(d) above.
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~ Safe work a r ea traffi c signing and barricading is provi ded in accordance with Part \'I
pf the Ma nual on Unifo rm Traffic Control De,ices .
J The r outine mainte na nce work does not involve a nv material disturba nce of a n\'
Public Wav Infra tructure improvements.
Tra ffi c Control Cost and Res ponsibilities . All costs rel ated to developing a Work area
traffic co ntrol plan and implementing the traffic contro l plan. as well as maintainin th
iraffic co ntrol ele me nts are the respons ibility of the Permittee.
ll -/.:15 : GENERAL RIGHTS OF WAY USE AND CONSTRUCTION :
Right Of Way Meetings . P ermittee will make reason able e fforts to attend a nd part1 cmat rn
meetings of the City of whi ch the Permittee is made aware regarding right of wav 1s. ue
that may impact its Facilities. including. planning meetings to anticipate joint trenchrn and
bormg. Permittees and franchisees shall joint trench or s hare bores or cuts a nd coo rdrn a t
co nstruction wh e ne ,·e r it is poss ible and reasonably pract ica ble so as t o reduce so far as
possible the numbe r of Right of Wa\' cuts within the Ci tv a nd the a mo unt of ttm tha t
pedestrian a nd vehicular trnffic is obstructed or impeded
)?. !\1uumal Interfe r ence. The Ci ty Manager s hall assign loc ation s of F ac11it.ie m the Pu bli c
Righ t of Way. Work in the Right of Way on other publi c property near public prope rt\'. or
on or near private property s hall be done in a manner that ca uses the least inte r fe r e nce with
the rights and r easonable convenience of property owners a nd residents. P e rruittee "
Facilities sh all be co n structed and maintained m s u ch ma nner as not to interfere with
sewers water pipes or anv ot her property of the Citv or with any other pipes wires
co nduit s. pedestals. structures. or other F acjhties th at ma v have been laid in the Rights of
Way by. or unde r the Citv's a utho r1t v. five feet {5") m11rnnum horizontal clearance and
e ighteen-inch {1 ") mini mum verti cal cleara nce s ha ll be provided between Fac1ht1 es and
water and sewer mams. If t he mmimum horizont a l a nd vertical clearances are not ad he red
to then the Perm1tt e assumes a ll n s k of damage a n d loss a n s ing out of failure t o co mpl y
with required clearances . T he P e rmntee's Facilities s ha ll be located erected and
maintained so as not t o e nd a ng e r or rnt e rfere with the hve s of P e r sons or to interfere with
new improvements the C1 t v mav d ee m proper t o mak . or to unnece ssarilv hinder or ob . rue
the free use of the R1ght.s of \Vav o r other public pro p r tv. a nd s hall not unreasonabl"
interfere with travel bv the pub h e and the use of publi c p laces during the co ns trucuon .
maintenance and repair operation or r emoval the r of.
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Cnde rgro und Const ruction and Use of Poles.
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U nl ess oth erwi se provid ed below . whe n r equired hv general ordinances r eso lutions
r e gulations or r ul es of the Citv or applicable s tat e or fe der a l law P e rmittee's
F aci lities s ha ll be placed underground at no co t t o the Citv. Whe r e a ll F acilities a r e
installed und e rgro und at t he time of P ermitt ee ·s co n struction . or when a ll s u ch
Facilities a re s ub seq ue ntlv pl aced undergro und all Permjttee F aci lities s hall also be
placed underground a t no exp e n se t o the Cit,· unless funding is generallv ava il able
fo r such r elocation t o a ll use rs of the Rights of\\'a v . Placing fa cilities undergro und
does not precl ud e the u se of gro und-mounted appurtenances · however . r elated
e quipm ent. such as pe d estals. must be pl aced 111 acco rdance with the Citv·s
ap plicab le rules and co de requireme nts.
Jn areas where ex isting Fac ilities are aerial the P ermittee may install aerial
F acilities. For abo\'e grou nd Facilities the Pe rmmee shall utilize e xi st ing poles
wher e ver pos_,ble. alt ho ugh under no circum sta nces is the Permittee allowed to
attach F aci lities t o ornam e nta l pole s.
S h ould the C1t ,· d esire t o pla ce its own Faciliti es in tre nch es or bor es opened b" the
P e rm1ttee t.h e Permtttee. hall coo pe rate with the Citv in a n y con s truction b\' t h e
f rmi t at m,·ol\'es trenchmg or boring prov ided that the Ci ty h as fir t notified
t h e Permmee m . ome m a nner that it is inte r est ed m sharing the trenches or bo r es
i..!!..!he...rueq wh e r e the P e rn11ttee's construction is occ urring. The Pe rmittee s hall
allow the C1tv t o pl:i ce 1t Facilities in the Pe rm ittee's trenches and bor es provided
11srn ll Ducts or Conduit for the possible u se of other entltl~
the Pe rm mee shall a ll ow the City to place these F acilities in the P e rm,ttee ·s
tre n ches a nd bor es pronrl ed the City s hares pro portionally in the cost of trenching
and bon ng. Th e C1tv s h all be r espon sible. for mnintammg its r espect.iv e F aqlities
bu ri ed in the Pe nnn ee's trench es and bores unde r this paragra ph.
ri ts wav nd t ubh c laces at a charge t o be negotiated between the pa rties {but
m no eve n t greater than the be. t pnce cha rged by P ermittee to any other u se r) to the exte nt
s pace t herein o r ther eo n 1s r casonablv avajja bl e. a nrl purs uant t o all applicable ordmances
a nd cod es. For the purposes of thi s s ubsection "Citv pu r poses" includes but is not limi ted
t o the use of the structures n nd i ns tallations fo r Citv fir e. police. traffic water. t e le phon e.
a nd/o r signal sv~t e ms .
Co mm on Users .
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'!:.!:l!LR!.gb s of \V ay hnve a finit ca a t · r c ntaini..n g F acilities. Ther efore.
whenever the Citv d termmes It is 1mpract1cable to permit construction of a n
undergro und Conduit svstem bv any other e nt1 tY which may at the time h a Ye
a uthority to co nstru ct or maintain Co nduits or Du cts in the Rights of Wav . but
excluding entities providing services in competiuon with P e rmittee and unless
otherwise prohibited bv federal or s tate la w or r egulations. the Citv mav r eQ\l!l'e
P e rmittee to afford to s uch e ntity the right t o use Permittee·s Surplus Ducts or
Conduits in common with P e rmittee purs u a n t t o the terms and co ndition s of an
agreement for use of Surplus Ducts or Conduits enter ed into by Permit.tee a nd the
other e ntitv. Nothing herei n s hall r equire Perm 1ttee to enter into a n agree ment with
such entitv if in Permittee's r easonable dete rm111 at1o n s uch an agreement co uld
compromise the integritv of the Permit.tee's Facilities.
~-Permittee s hall give a co mm on user pursuant to this Section a mmimum of one
hundred twenty {120) davs n otice of its need t o occ upy a Conduit and s hall propo se
that the co mm on us er take the first feasible act10n as follows:
@l P av r evised Conduit rent designed t o r ecoYe r the cost of r etr ofitting the
Conduit w1th s pace-savi ng technology sufficient to meet Permittee's space
need s :
P av re,·L d Co nduit r ent based on the cos t of new Co nduit co ns tructed to
meet Permittee's s pace need s;
~ Vacate th e n eeded Ducts or Conduit; or
@ Co n struct and maintain s uffici ent new Co nduit to meet Permittee"s space
n eeds.
g, When two o r more com mon u se r s occ upv a sec ti on of Co nduit Fac1 htv . the last u ser
to occ upy the Condu1 Facihtv s ha ll be the first t o \'acate or co nstruct new Co nduit.
Whe n Co ndu it r e nt. 1. revised beca u se of retrofitting s pace -saving t ec hnolo gy or
co n struction of new Conduit. a ll co mmon u se r s s h a ll bear the incr eased cost .
:i · All Facilities s h all meet a nv ap plicable local. State . and federal clear a nce a nd other
safety requirements be adequately grounded a nd a nchored and meet the provisions
of contracts e xecuted between Permittee a nd the other co mmon user . Permittee
11-7-16:
may at jts o ption . correct anv attachment defici en cies and charge the co mmon u ser
for its costs. Each com mon u er s hall pay Pe rmmee for anv fin es. fee s. d a m a ge. or
other cos t s the co mmo n user 's attachments cause Pcrmittee to incur .
COORDINATION OF EXCAVATIONS: ,JOINT PLANNING AND
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CONSTRUCTIO N:
~ }{eduction of Disruption and Interference . Excavations m Ci ty Right§' of Way disrupt and
mterfere with the public use of Citv streets a nd dam age the pavement and landscaping .
The purpose of this Sectio n 1s to reduce this di sruption. interfer ence .and damage bv
promoting better coordinatio n among Permittees making e xcavations in Citv Rights ofWav
and between these Permittees a nd the City. Better coordination will assist in minimizing
the number of excavations be ing made wherever feasible and will ensure the excavations m
.City Rights of Way are to th e maximum extent po ssibl e performed before. rather than
after the resurfacing of the s treets by the City .
Excavation Maste r Pl a n . Am· Pe rm1ttee owning. operating or installing faciliti es m Citv
Rights of Way provi ding wat er . se wer ga s. electric. com munication video or othe r uulttv
services. shall meet annua lh· with the Ci tv Manager. at the City Manager's r equest to
discuss Permittee 's exca,·atio n ma st er plan. At uch m ee ting. to the extent not alr eadv m
possession of the Citv Pe rm n t ee sh a ll s ubmit doc um ent ation. in a form required by the C1t v
Manager. showmg a locat1 0 11 oft.he Pe rmittee 's existing faci lities in the City Rights of \Vav .
Permittee shall d iscu R with the C1t v Manager its excavation master plan. and id e ntifr
planned major excavation \\'ork m the City. The Citv !\t a nager may make his own record o n
a map. drawing or other docume ntation of each Permittee·s planned major excavation Wo r ~
in the Cjtv · provided howeve r that no s uch docum ent prepared by the Citv Manager shall
id e ntify a particular entitv. o r the planned major e xc avation Work of that particular e nt1tv .
Permittee shall meet with t he City Manager to di sc u ss an initial excavation master plan no
later than sixtv (60) davs aft er submitting its fir s t Permit application . Thereafter each
P e rmittee shall subm it annually. on the first regula r bus iness day of Januarv a r e vised and
updated excavation maste r plan. As used in this s ub section the term "planned major
excavation Work " refers to nnv future excavations planned by the Permittee when the
excavation master plan or u pdate is s ubmitted that will affect any Citv Right of Way for
more than five (5} davs. provided that the Permittee s hall not be required to ide ntify future
ma jor excavation s planne d t o occ ur more than tw o {2} vears after the date that the
P ermittee's maste r plan o r update is discussed. Between the annual meetings to di sc u ss
pl a nned major ex cavation Work. Pe rmittee shall use its bests efforts to inform the C1tv
~anager of any s ubstantial ,h::inge s in the planned major excavation Work disc u ssed at the
a nnual meeting .
Re paving Plan. The Citv ~1 :i nage r s hall prepare a Re pa ving Plan s howing the street
resurfacing planned by the Citv . For purposes of this S ec tio n. the Repavmg Plan s hall
include a landscaping or othe r Right of Way improve ment plan. The Repaving Plan shall be
revised and update d o n a n an nual ba s is after meeting t o discuss the Permittee's and th~
City's master plans and upd :ites The City Manager s h all make the Cjty's Repaving Plan
available for public inspecnon. In addition. after determimng the street resurfacing Work
that is proposed for eac h ye:ir the Cj tv Manager s hall se nd a notice of the proposed Work to
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a ll P e rnuttees that hav had an a nnual mee t111 with the 1tv i'vlana er.
D. C'oo rd111 at10n with ]{.; rnv111 Pla n . Prior t o a lvin fo r a Pe rmit anv Per on lannrng to
excavate 111 t he C11v·~ Rig h t s of \\'ay s hall r eview t he Citv's Repaving Plan o n fil e with th e
Ci ty Manage r and s hall co ord,n a te. t o t h e exte n t p ract ica bl e. with the utility a nd treet
Work s h own on such plans to mi 1111111 ze damage t o and a void undue d1 sru u o n and
inte rferen ce w1th the public u_e of s uch Rights o f \\'a ,
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ve rified format pur. uant to wntte n Cn ,·
Doc u me n tation of Locat10 n of Penn 1ttee·s F;ic1h ,es. t · 1 a nv Work~
Rights of Way the City m av not 1fr all Pe rmtttees of the \,'It\· Wo rk t o be pe r fo rm ed. Cp on
s u ch n otification . all Pe rmittees s h a ll. w1 th111 s ,-~n .u}_c!a ,·•. loca t e th 1r Fa c1ht1es 111 t.h
Rights of Wav in which t he Wo rk will be pe rformed a n d provide documentatio n 111 a fo rm at
pursuant to writte n Citv poliC\· o f the Pe nmttee·s Facilmes 111 that Right of \\'a,·. I f th
P e nnittee fail s t o proVJd the loc a t e 111 fo rmat10 n r equest d bv th Cm· the Cit,· ma,· obta111
t hi s information a n d ch a rge 1he P ermittee t he actual cos t ,s fo r o bta1m n the 111 fo rm at1o n,
11 -7-17: MINIMIZING THE I MPACTS OF WORK IN THE RIGHTS OF WAY :
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:\'o t1fi ca t10n Assoc 1at10 n . Before p la c111g a n y F ac1lit1 e 111 the Cit,· Right of Wa ,· all e nm1 es
8h a ll be co m e a member of the l'tility Notificatio n Ce nte r of Co lorado (l'~CC} a nd s h a ll
co mply with all r equire me n t s provid e d in C.R.S . §9-1.5 e t ,eq . In addi t 10 n. all e ntitles a re
res pon s ible for m a king in qu,ne~ o f all ditch co m pa 111 es. ut1htv co mpanies. d 1stnct s loca l
gove rnment a nd a ll ot h e r age nc ies that might h ave foc1ht1es 111 the a r ea of Work to
<l e t n m e ossi ble co nfli cts.
ap paratus whi c h m av be affect e d bv the Work from damage dur111g co n s truct 10 n or
settle me nt of tre n ch es ·ub s eq uc nt t o co n truct1 011 .
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m case ofan emergenc,·. Any e ntity wit h Facilities m the Public Ri ght of Way may
undertake r ou tine ma int e nance on existing facilities without obtaini ng writte n permission of
t he City Ma na ger prO\,;dmg:
i .
The r outine mainten :i nce wo rk does not invoh·e a n v material di s turbance of a nv
Public Wav l nfra ~truc ur 1m rov me n s .
The r outine maint en a nce wo rk d oes n ot in vo lv e a nv activi ties that gener ate nois e
levels tha t co nstnute a pubjic nuisan ce a s defin ed in the noi se co ntrol pro\'l s1ons of
the Municipa l Code .
Trash and Construct10 n :\l a enals . Each Pe rmit.tee s ha ll mainta in the Work s ite so t h at:
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Trash a nd co nstrnct1 on mat n als a r e contained so that thev a re n ot blown o ff of the
construct.i on si t e .
Trash is r emoved fr om a con truction site oft e n e nough so that it does not beco me a
h ealth. fir e or safetv haza r d .
Trash dump ste r s .111d sto rage or co n s truct10 n traile r s a re n ot laced in the str et
wi t hout specific approval of the Citv l\fana ge r.
Depos it of Dirt a nd Matenal on Roa dways. E ach P e rmit.tee s ha ll utilize their best efforts to
eliminate the track ing of mud or debri s up on anv s treet o r sid ewa lk. Str eets a nd s idew a lk s
sh all be cleaned of mu d and debris at the end of each dm·. All equipm e nt a nd trucks
t racking mud and debn -into the Right of Way s h a ll be clea ned of mud a nd de bris at the
end of each dav or a directed b,· t he Citv Mana ger,
!;'. Protection of Trees a nd La ndscapi ng. Each P e rmit.tee ha ll use their best effor ts to prot ect
trees la nd sca pe and landscape featu r es as r equired bv the City . All protective measu res
s ha ll be provided at the e xpense of the P ermit.tee. If Permittee causes d a mage to t r ees a nd
other landscap e featu r es the n the P ermit.tee s h all be responsi ble for r e pa irs a nd depe n din g
up on t h e e xtent of damage the r e pla ce ment of the land sca pe improve me nts .
Prot ection of Paved Surfaces from E quip ment Damage. Backhoe equipme nt o utrigge r s s h a ll
be fitte d with ru bbe r pad s whe n ever ou triggers a r e pl aced on a ny paved s urface . Trackeq
ve hicl es that will damage pave me nt s urfaces a r e not perm it ted on p a ved s urfaces unless
specifi c precautions a r e taken to protect t he s urfa ce . Th e Permittee wi ll be r es ponsible fo r
a nv d a m a ge cau sed to the p:we ment bv the ope r ation of s uch equipm e nt a nd shall r e pair
s uch s urfaces. F ai lure to do so will result in the use of the a pplica nt's pe rformance/wa r ra ntv
guarantee bv the Ci w to repair a ny damage a nd . pos . ib lv t he r equir e ment of a dditional
warrnntee(s).
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Jj . Protection of Propertv. Each Permittee s hall preserve private and public property a nd
protect it from dam a ge. The Permittee s hall. at its own e xpense. shore up and protect all
buildings walls fences or other propertv likelv to be d a maged during the Work. a nd sha ll be
r esponsible for all damage t o public or private prope rty resulting from failure to properh·
protect and carry out Work in the Public Way.
Sanitary Facilities. Each Permittee shall provide necessarv sanita rv facilities for work e r s
Clean Up. As the Work progresses all Public Rights of \\'av and private property shall be
thoroughly cleaned of all gas a_nd 0 1! spi ll s. rubbish ex ce ss dirt. rock a nd othe r de bns . All
clean up operations s h a ll be done at the ex pense of the Pe rmittee .
Preservation of Monuments. A Pe rmittee s h al) n ot rl1 s tu r b or mo,·e a nv la nd m onume nt s .
property marks or s urvev hubs a nd points that mav interfere or be impacted bv t h e
proposed Work until their locati on has be e n witnes ed or referenced in accordance with
standard survey practice s . or unless approval 1s obtaine d from the Citv Ma nager. An,·
monuments hubs and p oints di sturbed will be r e pla ce d bv a Co lora do Register ed Land
Surveyor at the P ermitte e"s expense.
k, Construction Vehicle P arki ng. Each Permittee s h all make provisions for emplovee and
construction vehicle park111g o that neighborhood and b u smess parkmg a d1 ace n t t o a \\'ork
s ite is not impacted.
~-Maintaining Safe Walkwavs. Each P e rmittee s h all m a 111tni n a n adeq u ate and safe
unobstructed walkwav around a co n struction s ite 11 -3-:J. In cases where the 1dewalk mus t
be blocked and p edestri an traffic mu t be routed aroun d t h work area. the Pe rm1ttee s h all
provide adequate barricading and d eto ur signing to prot ec t a nd sep·e the p e de trians . Once
a P e rmittee h as occ upied the Public Wav. it s hall be the Permittee·s respons1bilitv to clear
a ll snow and ice hazard s from public s id e walks at the \\'ork s ite follo wmg a s n owfall in
co nformance with E.M.C . 11-3-2.
11-7-18: STANDARDS FOR REPAIRS AND RESTORATION:
O wne r Re s ponsibility. Wheneve r the Citv Manager or d esignee determines that a n v
side walk curb o r gutter s h o uld be constru cted or repaire d . it s hall ca use n otice in writing . t o
make such construction or repair within thirty (30) d nv t o he se rved upon the owne r or
agent in charge of the pre mi s es alongs ide thereof as provided in Section 1-10-1 of this Cod e.
If s uch co n struction or r epa irs are n ot made by the owne r within thirty (30) days after
service of the notice the City Manager or d esignee may order s uch construction or repairs to
be made by the Citv a nd the exp nses connected therewith s hall be a li e n upon the propertv
a longside s u ch sidewalk until the cost thereof is fullv pa id . When such construction or
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re pairs a r e made bv the Citv the cost thereof shall be assessed by the City upon the
DJ:QQfilj;.Y.Jro nting upon the sa m e. a nd if the assessment is not p a id within thirty {30} days
thereafter the Citv s ha ll ce rtifv s uch assfi§filllfillt to the Co unty Treas urer who s h a ll pla ce
t h e same upon the tax li st for the current vear . to be co ll ected in the same manner as other
taxes a r e co llected with ten percent {10%) penaltv the reo n to defrav the cost of collection .
~-Permittee Resp on s ibilitv. The P ermittee s hall be fully responsible for the cost a nd actua!
performance of a ll Work ii:!_ the public wav. The costs associated with compaction tes ting
s hall be borne by the a pplicant. The Permittee shall d o a ll Work in conformance with the
approved plans. any and a ll engi neering regulations. construction specifications and design
~tandards adopted by the City. These sta nda rds s h a ll app lv to all Work in the public wav
unless otherwise indicated in the P ermit.
Restoration of Work S ite Co nditio n . All restoration s hall r es ult in a Work s ite condition
e qual to or better than th a t which exis t ed prior t o co n struction. In a ddition t o t h e
regulations. specifi cation s a nd sta nd ards referred to i n s ub section {A) t he fol}o~
prov isions s hall app lv to Work in t he p ubli c rights of wny of the City.
J,. Pave ment cut s shall be fill ed with co mpa cted select material. Eithe r concrete or
asphalt patches will be placed t o ma tch the existing street cr oss section . S elect
material shall in cl ud e select fill stone {CDOT 26 or 57} or co ntroll ed d e n sitv
~Jel.fil1
§· The ne w aspha lt will be placed by Citv crew s un less s pecial circumstances raised .lly
City Staff or t.he Pe rmittee jus tifv the Perm,ttee co ntracting with a reputable pavi ng
firm to comp let e this work t o City standa!!
Co ncrete meeting a ll co n struction standards of the Ci tv shall be used to replace
co ncrete pave ment whereve r it occurs.
Flowable fill backfill materi a l satisfying d esi gn a nd construction standa rds adopted
th e Citv . s h a ll be used t o re stor e a ll trenches th a t have been excavated in the pave d
portion of anv pu blic s tree t or a ll ev. When co nt ro ll ed d e n s ity fill typ e mate rial i
u sed stee l plate will be placed to co ve r the openmg fo r the time r equired t o all ow the
material t o set . or until as ph a lt patching is completed . The applicant may util ize
granular backfill mate ri al in lieu of fl owable fill backfill material. provided that all of
t h e following co n ditio ns a r e sat.i.§fifill
Prior to the iss u a nce of a Pe rmit for co ns t r uction excavati on or Work
activity in the public Right Of Way the a pplicant must r equest and rece ive
approval fo r the use of granular backfi ll material.
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g. The tvpe. gradatio n place ment. compaction and testing of the granular
backfill material s hall meet or exceed all requirements specified in de sign
a nd co n struction , tandarrls a dopte d the City . The cos t s associated wit h
compactio n t esting sha ll be borne bv t h e applicant .
f · Qn.c~mpa ct ed backfill h as been p lace d an as phalt cutback s hall be
m ade. T he cutba ck will exte nd 6 inch es minimum on each side of the
o pe nmg and will be O\'er undisturbed pavement materia l 0-1/2 inch deep
m1mmu ml. All edges of t he ope nmg shall be neatly cut with a n asp halt sa w
at 90 de grees t o the r oadwav and um formh· tacked.
CONSTRUCTION AND RE S TORATION STANDARDS FOR NEWLY
!X)NSTRUCTED OR OVERLAYED STREETS:
No per son shall cause an open tre nch ex c::1 \'at1on or potholmg of ut1hties in the pavement of a nv
Public Right of Way for a period of two ye ars fr om the co mpletion of con struction or r es urfacing
exce pt in compliance with the provisio n s of thi s Sectjon .
~ Permit Application . Anv a pplica t io n fo r a Permit to Ex cavate in a Public Right ofW a v
s ubject to the requirements of th 1~ secti on shall co ntain the following information :
A detailed a nd dimension a l e nginee ring plan that identifies and accuratelv
represents the Ci ty Ri gh • of \\. a " or p [Qpe rt y that will be impacted bv the propo,ed
excavation as we ll as ad pce nt . treet • and the method of co nstruction .
The street wid
g. The location width. le n gth. nnd rl 0 pth of the p ro posed excavation.
;1,. The total a r ea of ex1stmg s r o r allev paveme nt in each individual Ci t v block tha t
will be impacted bv the propos ed excavation.
g. A writte n s tateme nt ad dr ssrn g the critepa fo r ,1pprovat
Criteria for Approval. No Per m i fo r excavation in th e Right of Way of new str eets s h a ll be
a pproved unless the Citv ~1anag e r find s that all of the fo ll owing criteria have been m et:
J,. Boring or jacking wi t hou t di s turbing the pavement is not practica l due to physica l
characteristics of the s treet or a ll ey or other utilitv co nflicts .
~. Alternative utilitv a lig n me nts t h a t do not involve excavating the street or a ll ey a r e
found to be impractica bl e.
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The proposed excavation cannot reasonably be delayed until after the two year
deferment period has lap sed .
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Exemption s for Em erge ncv Operation .. Emergencv ma111tenance ope r ation s s hall be limited
to circumstance invo lving the prese rva ti on of life. prope rtv. or the restoration of custom er
service . Persons with prior author izati on from the Citv t o perform emergency maintenance
o perations within the Publi c Righ ts of\\'a v. shall be exe mpted from this Section . Anv Per so n
commen ci ng operations und er the la ws of t hi s Sect10 n s hall s ubmit detailed engineering
plans. construction me thod s and re me di a tion plan no late r than three working dav s a fte r
initiating the Em ergencv ma intena nce operation .
Co nstruction and Restoration Sta nd a rds for Newh· Con s tructed or Overlaved Streets a nd
AJ!ev s. The str eet s s hall be restored a nd r epair ed rn a cco rda nce with d es ign a nd
co n struction standa rd s a dopted the Citv a nd guaranteed 111 accordance with E.l\1.C. 11 -6-10 .
requested in ord er t o provide se n ·1c es to a part of the Cit,· wh er e no sen;ce wo uld be
available without co nstruct io n. If a non -eme rg~ ,. xe1 nptto n 1s granted to di sturb a Pu bli c
Wav within t h e t\\"O (2\ ,·ea r pe ri od t he C1tv l\l a na ger ma,·. in hi s sol e discret10n. imp ose
addition a l r est or a ti on r eq u1r em m -111 lu m but not n c ssa rilv limited to roto-m1!.!ing
a nd repavmg of a la rge r a r en s u ch a , a n entire bl oc k m whi ch the co n struct ion occ urs .
11-7-20: RELOCATION OF FACILITlfil;:
1tv r e uest. the Per mL!fe t o r elocate is Fa cilities. in order to a ll ow the Cit,· t o
special di stri ct. a nd anv ge ne ral pr ogram fo r the undergrounding of such facilities to mov e or cha ng e
t he Permittee"s Facilities within or a dja ce nt to the Righ t s of Wnv in a n y manner either tempor a nh·
o r permane ntly . the Citv s ha ll n otifv the Pe nnittee at leas t ninetv ( 90) davs in adva nce. ex ce pt 1n
the case of emerge nci es. of the Citv "s inten ti on t o perform or have s uch Work performed . The
P erm it tee s ha ll thereupon . at no cost to the Citv . accomp li s h the necessarv relocation removal or
cha nge within a reasonabl e time fr om the d ate of the notifi c::tt 10 n. but in n o even t later than t hree
{3) wo rking davs prior to the dare the Cil\· h as notified the Pe nnittee that it intends t o comm enc e
it s Work or immediately in the case of E me r ge ncie s . Upon the Permittee's failure to a ccomplish s uch
}\'ar k t he City or other public agencies o r s pec ia l district ma v per fo rm s uch Work at t he Perm1ttee "s
e xp ense and the Permittee s hall r e1mbur,~ t he City or other agency within thirty {30) dav s after
r eceip t of a written invoice . Following relncarto n all affect ed prop erty s hall be restored to at a
nunimum. the condition which existed p rio r t o co nstructi on the Permittee at the Permittee's
e xp ense. Notwithstanding the requirem l'nts of the Section. a Permittee may request a dd1 tiQruiJ
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t ime to co mpl ete a r eloca iion project . T he Cit,· Ma nager s hall gra nt a reaso nable extensio n if in h is
~de discr etion . the extension will not ad Ye r s e lv a ffect the Citv project .
.!_1-i-2 1: ABANDONMENT AND REMOVAL OF FACILITIES:
!2 · 1otifica tion of Ab a nd oned F acil iues . An,· Pe rmittee t h at intends to disco ntinue use of anY
B.
Facilities within the Public Rights of \V ay shall n otifv the City Ma nager in writi~
intent t o di sco ntinue use. Such notice s hall include the fo ll owing:
J,. A description of the Faci h iie fo r whi ch the use is t o be di scontinue d .
~-A d escripti on of a ll know n h azard o us m a te r ia ls co ntained or used in the F aci hu es.
g. A propo sed d ate fo r disco ntinua nce of u se. S a id date shall not be less tha n tlurtY
(30) days fr om the date such nouce is s ubmitted t o the Citv Manage r.
1 -The pro po ed me thod of aba nd onme nt . o r r em ova l a nd r estor ation .
The Permittee ma ,· not r emo,·e. d~stro,· or pe rm a ne nt!\· d is a ble any s u ch Facilities during
t1 1d tlurtv (30) d av pe r iod w ithout w n tte n approva l of the Ci ty Manager but may co n t inue
t o per fo rm maintena nce on the F ac ilities . The City l\fanage r s hall r evie w the abandonm e n t
nouce within thirtv (30) da Ys t o rle t e n nine whether F aci lities and Conduits can a nd sho uld
be ke pt aYailabl e fo r future user~ or if not. the proposed method of a b a ndonm ent or
r moval a nd r estoratio n .
d e.cnbe the Facilities for which t he us e is to be di sco ntinue d a d ate of di sco ntmuance of
u se. wh ic h date s ha ll n ot be less t h a n thirtv (30) day. from the d ate s uch not ice is Re mova l
of Ab a nd one d F acilities. If it is de t e rmined that the F a cili ti es sh ould be re moved the n the
P e rm ittee shall s ubmi t a P ermit application to a ll ow co ns truction. e xca ,·ation a nd o r Work
in t he Public Right of Wav . a nd the Pe rmittee s h a ll be s ub1ect to aU a ppli cabl e fe es a nd
r e quirements of this Ch apter. The P e rmittee s h a ll be requ ired to remove and di s pose of
s u ch Facilities as set forth in the Pe rm it. a nd shall compl ete s uch r e moval a nd di pos a l
with in six (6) mon t h s fr om the d ate of the initial noti ce of intent to abandon unl ess
a dditiona l time is r equested fr om t he a pp r oved bv the Ci tv Manager.
Aba nd onm e nt of Faci lities in Pl a ce . .-\t the discr etio n of t he Citv. a nd up on written notice
from the Citv Ma na ge r t he P e rmit tee m a v either:
1· Abandon the F acil iti es in pla ce a nd s hall furth er convey full title a nd owner s hip of
s uch a bandoned Facili t ies t<J the City. The co ns id e r ation for the co nveyance is the
Citv 's permiss ion to a ba ndo n the Facilities in place The Permittee is r espons ible
for all obhga n ons as own er of the Facilities. or other liabilities associated therewith .
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until the convevnnce to the Citv is completed.
~-Abandon the F acilitie s in place but the Permittee still retains the responsibilitv for
all obligations as owne r of the Facilities. or othe r liabilities associated the rewith .
11-7-22: .EMERGENCY PROCEDURES:
Anv person maintaining Facilities in the Public Wav may proceed with repairs upon existing
Faci lities without a Permit when e m e rgencv circumstances demand that the Work be don e
immediately. If the emergency r e pairs invoh ·e disturbing any Public Right ofWav improvem e nts .
then he person doing the Work s h a ll applv t o the City for a Pe rmit on or before the third /3 "')
wo rkin g day after such Work h as commenced . All Emergencv Work that involves material
disturb nee of any Public Rights of \¥av improvements or any Emergencv Work that will require
th a t the acceptable hours of construction as provided in the E.l\LC. relating to noi se or tra ffi c t o be
vi ola ted. will require prior telephone notification to the Public Works Department at the Citv.
1 -i-23: REVOCATION OF PERMITS AND STOP WORK ORDERS:
'2 · Permit Re vocation or Suspe n sion . An,· P e rmit mav be revoked or suspended bv the Cit,·
Manager. after written n otice to the P e rmittee for :
Violation of anv condition of t he Permit or of a nv provision of this Chapter.
l Violation of any provision of anv other ordina n ce of the City or st ate la w
the Work.
Existence of a ny condition or performance of any a ct which the Ci ty determines
co nstitutes o r causes a conditi on e ndangering li fe or damage to prope rty .
H Stop Work Orders. A Stop Work O rd e r m ay be iss ued by the City Manage r t o a nv person or
pe r so n s d oing or ca us ing a n v Work t o be done in the P ubl ic Wav for :
l Working without a P e rmit e xcept for routine main te nance or emergencv r e pairs to
e xistmg F acilities as provid ed for in this Chapter .
Doing work in violation of a nv provision of thi s Ch ap ter or any other ordinance of the
City. or state law rela ting t.o rhe work .
~-Performing anv act. which Ci tv determines co ns titutes or causes a condition that
either endangers life or p roper r,·.
Stop Work Order issued by the Citv Ma nager shall take e ffect immediately upon notice to
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the Person pe r forming Wo rk in the P u bli c Way. or to the Permittee"s last known address.
l'pon receipt of the Stop Work Orde r a ll work is to ce a se exce pt for those activities that are
ne cessarv to m a k e t h e wo rk a re a safe or to end the di sruption to traffic. or to protect peop le
or propertv, or jf ap p rove d bv the Citv Manager. to cure the violation or conditions that
caused the Stop Work Order .
!2 . Appealing a Suspension, Revocati on, or Stop Work Order. Any suspension or
revocation or Stop Work Order ma\' be appealed by the Permittee to the City Board of
Adjustment and Appeals by filing a written notice of appeal within thirty (30) da vs of
the action.
l1-7-24 : SUSPENSION OR REVO CA TION OF CONTRACTOR'S LICENSES :
A. Causes for Suspension or Revocation of a Contractor 's License . The Citv Manager mav
suspend or revoke a license when the licensee commits one or more of the following act s
or omissions :
~-
!· Failure to compl v with the res ponsibilitie s as out lined in th e Cha pter or wjth th e
provision s in the Englewood Engineering Regulations and Construction Standards.
fr · Conspires with anv person w pe rmit a lic ense to be used by another person.
J. WiHfullv vio late s or disregards any of the provisions of the Code .
~. Workers exhibit a di sregard fo r safety and th erefore work being performed results
in unsafe conditions .
~. Unsatisfactorv Work re sultin g from jnadeguat e ski lls or carelessness in the
judgement of the City Mann!.!er.
g. Failure to obey or ders in a t ime lv fashion .
z. Failure to obev a stop work orde r.
License Suspension or Revoca ti on Procedure . When anv of the acts or omissions outlined
above are~mjtted by a li ce nse holder, and the City Manager deems that the license
shall be suspend ed or re voke d, the Ci ty shall notify the licensee in writing by certified
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mail or personal service . U pon recei 1 t o f the notice . the licensee mav request in writing a
hearing to show cause whv the licen se should not be s uspended or revoked . If a hearing is
requested bv the licensee. the Citv tanager shall set a time. date and place. and so notifr
the licensee. The su spen sion or revocation shall be staved until after the hearing. When a
hearing is conducted. th e licensee . the Public Works Department, and all interested panies
mav anend. Upon completion of the hearing. the Citv Manager shall take all evidence
avaj!ab)e as a result of the Public Wo rks Department investigation and all evidence
presented at the hearing under ad,·ise ment. and shall notifv the licensee in writing o f th e
findings and decision. including len gth of suspension or revocation if anY. bv certified mai l
or personal service. The time o f a sus pe nsion mav be up to one year. Th e t im e of
revocation may be up to fiv e (5) ve a rs.
b· Appeal Rights . Anv perso n wh o d is p utes a licen se s uspensi o n or rev ocati o n. mav
appeal the decision to the Ci tv Boa rd o f Adiustment and Appeals bv filing a \\Titten
notice of appeal. The rev oc ati o n or_ ·us pension is not st aved while the Citv Board of
Adjustment and A ppea ls hearin1: is p~·n ding .
. ec t jon 6 . Safety Clause s Th e City Co unc1l , her e by fi nd s, det ermines . and declares th at t his
Ordrn a nce is promulgated unde r t he genenl poli ce powe r of t he Ci ty of Englewoo d , that it 1
promulgat ed for the h ealth. safety, and welfare of the public, a nd t hat this Ordinance is n ecessa ry for
t he pre servation of health a nd safe t y a nd fo r the pr ot ection of pu blic co nvenience and we lfare . Th e City
Council further determine t hat the r drn a n,,· be a r s a r a ti on a l re l ation to the proper le g1 s la uve o biect
rn ugh t to be obtained .
$1;:ctjon 7 . Severab1hty If a ny cl ause .. -..-n t ence , pa ragrap h , or part of this Ordinance or t he
applica t ion thereof t o any pe r o n or Cll'Ct1 m ,1a nce s hall for a ny r ea son be adjudged by a co urt of
comp te ntjuri di ction inva lid . uch Ju d gme nt ,ha ll mt affect im pa ir or invalidate the r e m a md er of th is
Ordma nce or its appltcat10n t o other p r sons r circ um st a nces .
Sec tio n 8 Inconsl!,J.ent. Or dmnnce ~. A!l othe r Ordin ances or portions the reof 111 cons1st e nt or
confu~u ng wi t h this Ordi nance or a ny por uun he reof a re her e by rep e aled t o the e xte nt of uch
111co n2is tency or co nflict .
Sec qo n 9 . Effect ofrep eal or moddjcn ion T he re peal or mod i fica ti on of a ny provi s ion of the Co de
of t he City of Englewood by this Or d rn a nce sha ll not r e lease , e xtinguis h , alte r , mod ify , or cha n ge m
wh ole or in p a rt any pe n a lty , fo r fe it ure. or hab1!Jty, e ither civil or criminal. wluch h a ll h ave bee n
m cu r red unde r s uch provis ion , and each pronsion s hall be treated a nd held a s still r emami ng in fo rce
fo r t he purposes of sustaining a ny and all prnpe r acti on s , s u its, proce edings, and prosec ution s fo r t he
e nforce ment of the penalty. forfeit ure .or li a b1lny, as we ll a s fo r the p urpose of sustaining a ny jud gme nt ,
d ec ree. or order which can or may be re n d r cl, en t e red , or m ad e in s uch a ction s. s uits, procee dmg s, or
prosec u tions .
Sec tjon 10 . ~-The Pe n a lty Provi sio n of E .M.C . S ect ion 1-4-1 shall apply t o each a nd ever y
violation of this Ordinance .
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In troduced, read in full , corrected and pa ss ed on first reading on the 15th day of May , 2000 .
P ub lished as a Bill for an Ordinance on the 19th day of May , 2000.
A Public Hearing was held on June 5, 2000.
Introduced as amended, read in full and passed as amended on the 16th day of October,2000.
Published as an amended Bill for an Ordinance on the 20th day of October, 2000.
ATTEST: Thomas J. Burns, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Cl erk of the Ci ty of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of an am ended Bill for an Ordinance, introduced, read in full , and pas ed
as amended on the the 16 1h day of Octobe r , 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 16 , 2000 11 a viii City Rights-of-Way
Ordinance
INITIATED BY
Public Works Deoartment I STAFF SOURCE
Ken Ross . Director of Pub lic Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Title 11 , Chapters 3A , 38 , and 3C , and Title 12, Chapter 4 of the Municipal Code that deal with
construct ion permits and requirements in the public way were adopted in 1985.
The original C ity Rights-of -Way Ordinance was published May 19, 2000 . and the City conducted a
publ ic hearing on June 5 , 2000 . On June 5 , 2000 , City Council approved the proposed City R1ghts-of-
Way Ordinance , {Council Bill No . 40) on first reading .
RECOMMENDED ACTION
The Public Works Department recommends that Council approve on first reading the ordi nance
repealing Title 11 , Chapters 3(A), 3(8), and (3C), and Title 12 , Chapter 4 , and the creat ion of a new
Title 11 , Chapter 7, entitled City Rights-of-Way -Perm its and Requirements , of the Englewood
Munic ipal Code . And Public also requests that City Council set November 6. 2000 as the dat e for the
Public Hearing on this matter.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Public Works has been enforcing this portion of the code since 1985 . In 1996 , the federa l
government mandated that there be no barriers of entry for telecommunication compan ies to
enter markets. As a result , in certain areas of the country telecommunicat ion serv ice
providers have exploded from one provider to fifty providers . The 1985 Code does not enable
staff to protect the public 's investment in our street improvements . When there were only
three major private providers of services , using our rights-of-way to conduct bus iness , th is
was not perceived as being a problem . Any time a street cut is made , the serv ice life of the
roadway surface is adversely affected . Colorado law allows mun icipa lities to re co ver costs for
the use of rights-of-way , providing the charges are directly related to the costs ar ising out of
the right-of-way usage . The Right-of-Way Committee of the Greater Metro
Telecommunications Consortium (GMTC) has examined cost recovery fees used throughout
the country , and has recommended a Model Right-of-Way Ordinance. Staff has taken the
model ordinance and several adjustments in order to deal with specific issues and challenges
that we face in our city as well as numerous changes in response to concerns that have been
raised by AT&T , Quest Communications , Mcleod USA, and Xcel Energy .
The telecommun icat ion and utility companies have numerous issues and objections with the
cost recovery fees proposed by the GMTC. The fee amounts will be addressed in a separate
resolution . Staff 1s recommending that the controversial fee elements be left out of the
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resolution until the Colorado Supreme Court reaches a decision on the Quest
Communications and City of Denver case.
In June , City Council adopted on first reading the proposed City Rights-of-Way -Permits and
Requirements Ordinance. As a result of all the changes made, it is necessary to have
another public hearing on this proposed ordinance . The letters and memos containing the
utility and telecommunication service provider concerns that we have received are attached.
FINANCIAL IMPACT
The proposed Title 11, Chapter 7, creates the mechanism to charge fees to cover the costs
associated with private individuals and companies that use public right-of-way . The proposed fees
are not being established at this time but the mechanism will be put into place with the adoption of
this ordinance. The cost for administration of this ordinance will increase, because this code requires
greater communication and coordination between the City and the telecommunication and service
providers, and detailed records of street histories must be factored into the proposed permit fees.
The "user fees" that will be adopted by separate resolution will cover the increased administration
costs.
At the present time the City of Englewood does not have a mechanism for recovering for the
degradation caused by street cuts or for the inconvenience caused to our citizens when access to
portions of streets are denied when private companies are doing work in the right -of-way . Cost
recovery for degradation and inconvenience caused will not be part of the initial fee resolution, but
they may be later, if the Colorado Supreme Court gives direction on these issues .
UST OF ATTACHMENTS
Memo Ken Ross regarding Issues and Changes
Proposed Ordinance
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--""""-""""'-""" 23<5 Gnmd &,u/n_,a,d. S.,rr 500
K,,.,., C,IJ< M O 64108-2641
(8 16) 47-6100
fu · (816) 47-1610
r-ma ,l 11p u•a@:zpu>a.net
Mllell!llpu.14.nrt
October 2, 2000
Dear APW A Agency Representative :
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I am writing this to municipal agency members in my capacity as Chairman of APW A· s
Utility & Public Right-of-Way (UPROW) Committee. Your cooperation in passing this
letter to the individual in charge of your agency 's public right-of-way management activities
would be greatly appreciated .
Insuring the safe use of the public right-of-way and protection of above and below ground
facilities are two of pnmary concerns of APWA 's UPROW Committee. The National
Transportallon Safety Board (NTSB) recentl y brought an incident which occurred in St
Cloud, Minnesota, in December 1998 to APWA 's attention and asked our assistance in
helping to prevent a s1m1lar occurrence in the future . A copy of the NTSB 's letter and its
suggested safety recommendations for APW A members 1s enclosed .
After reviewing the NTSB 's recommendations the UPROW Committee is recommending
that APW A member agencies develop written procedures to guide excavators in the safe
conduct of their work . These procedures should indicate the necessary steps and precautions
that are to be taken by persons and firms excavanng within the public right-of-way and
include the requirement to immediately notify emergency services agencies via calling 911
or other appropnate number in the event of an incident with buned facilities such as gas
pipelines. Attaching these procedures to excavation permits would help prevent the situation
that took place in St Cloud.
Sincerely,
Diane Linderman
-:D~~
Chair
Utility & Publ ic Right-of-Way Committee
Enclosure
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11-16-22: EMERGENCY PROCEDURES:
A, finweH BmeirL Any person maimining Facilities in the t,ublic Wway may proceed
with rq,airs upon existing Facilities without a Pamit when emergency circwnstances
demand that the Work be done immediately. If the cma:en: IP!lirs jnvolve djstuibjng
any Public Rjght of Way jmprovfflJAU& d)CQ t~ penon doing the Worlt shall apply to
the City for a Permit on or before the third ~ day after such Work has
commenced. All Eemergc:ncy Wort 1hal jnyolyg matc;rjal disturbance of any Public
Bights of Way jmproyS3DS)ts, or any Ems:ma;y Work that will regujre that the
acceptable hours ofconmuction as proyidcai iP the E,M,C relatjng to noise or traffic to be
yjolatgt will require prior telephone notification to the Publjc w orlcs Qepanment at the
City.
B, Nmfisen lfapy damage occurs to an undqground Facility or its protective co,ering
the Contractor shall notify the Facilities operator promptly. When the Facilities operator
receives a damage potjcc. the Facilities operator shall promptly dispatch personnel Jo the
damage an;a to jpvcstigtc If the damage results in the escape of any flammable toxic, or
corrosjve gas or liquid or cndan&efS life. health, or property, the Contractor responsible
shall irnrns,dia,dy notify the Facilities operator and 911 and take jmmcdjate action 10
protect the public and nearby properties,
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CITY :
CITY MANAGER:
CONTRACTOR-
DEGRADATION:
DEVELOPER-
DUCT OR CONDUIT :
E,M.C, •
EMERGENCY:
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Met111s tlie City of Englewood, Colorado .
Meaft&..Ilhe ~hief execut ive officer of th e ci tv
govemmentManager of the City of Englewood or
his/her authorized representative .
A person, pannership, corporation, or other legal
entitv who undenakes to construct, install, alter,
move, remove, trim, demolish. repair. replac e,
Excavate, or add to anv improvements co ve red bv
this ordinance, that reguires work, workers, and or
equipment to be in the Public Right of Wav in th e
process of performing the above named operati ons.
Mt!8ftS Aa decrease in the useful life of Hie-street
improvements Fight ef W&)' or damage to an y
landscaping within the &tights of Wwa y caused by
excavation in or disturbance of the &tight of Ww ay.
resulting in the need to reconstruct the surface and or
subsurface structure of such &fight of Wwa y earlier
than would be required if the excavation or disturbanc e
did not occur .
The person, pannershjp. corporation, or other legal
entity who is improYim: a parcel of land within th e
City and who is legallv responsible to the Cirv for
the construction of improvements within a
subdivision or as a condition of a building pem1i1.
Me&R!rAa single enclosed racewa y for cables , .O:iber
oQptics , or other wires . or ~ pipe or ca nal L c·d <l
com ev flu ids or !.!:J.Se s.
Englewood Municipal Code
Me&R!rAany event which may threaten public health
or safety, or th at res ult s in an intcrniption in th.::
provi sion of sm ices including , but not limited to ,
damaged or leaking water or gas ~ systems ,
damaged, plugged, or leaking sewer or storm d.rainl!g!;
eeMllif ~, or damaged twiefgftlllflEI electrical
and commwlications facilities. and advance notice of
nm1n1 rq,airs js jmpracticabJe under the
cjrcwnstances,, er lle;.,led e, ll'head i,ele !HNeatft!s,
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Date
October 16, 2000
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
11 a viii
STAFF SOURCE
City Rights-of-Wa y
Ordinance
Public Works De artment Ken Ross . Director of Pub lic Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Title 11 , Chapters 3A, 3~~~.3C , and Title 12, Chapter 4 of the Mun ic· al Code that deal with
construction permits and_:e.~ements in the public way were adopt 1n 1985 .
The original City Rights-of-Wa Ordinance was published May , 2000 , and the C ity conducted a
public hearing on June 5 , 2000 . n June 5, 2000 , City Cou approved the proposed City Rights-of-
Way Ordinance, (Council Bill No . ) on first reading .
RECOMMENDED ACTION
The Public Works Department recommen hat Council approve on fi rst reading the ordinance
repealing Title 11 , Chapters 3(A). 3(8), 3C), and Title 12, Chapter 4. and the creation of a new
Title 11 , Chapter 7, entitled City Righ -of-W -Permits and Requirements . of the Eng lewood
Municipal Code . And Public also r uests Iha City Council set November 6 . 2000 as the date for the
Public Hearing on this matter .
S IDENTIFIED
Publ ic Works has bee enforcing this portion of the c de since 1985 . In 1996, the federa l
government mand d that there be no barriers of entry for telecommun icat ion companies to
ent er markets . a result , in certain areas of the count)y telecommunication serv ice
prov iders hav exploded from one provider to fifty providers . The 1985 Code does not enable
staff to prot t the public 's investment in our street improvements . When there were only
three m · r private providers of services , using our rights-of-way to conduct business , this
was n perce ive d as being a problem . Any time a street cut is made , the serv ice life of the
roa ay surface is adversely affected . Colorado law allows mun icipal ities to recover costs for
th use of rights-of-way, providing the charges are directly related to the costs aris ing out of
t e right-of -way usage. The Right-of-Way Committee of the Greater Metro
elecommunications Consortium (GMTC) has examined cost recovery fees used throughout
the country , and has recommended a Model Right-of-Way Ordinance . Staff has taken the
model ordinance and several adjustments in order to deal with specific issues and challenges
that we face in our city as well as numerous changes in response to concerns that have been
raised by AT&T , Quest Communications, McLeod USA , and Xcel Energy .
The telecommunication and utility companies have numerous issues and objections with the
cost recovery fees proposed by the GMTC. The fee amounts will be addressed in a separate
resolution. Staff is recommending that the controversial fee elements be left out of the
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resolution until the Colorado Supreme Court reaches a decision on the Quest
Communications and City of Denver case.
In June, City Council adopted on first reading the proposed City Rights-of-Way -Perm its and
Requirements Ordinance. As a result of all the changes made, it is necessary to have
another public hearing on this proposed ordinance . The letters and memos containing the
utility and telecommunication service provider concerns that we have received are attached .
FINANCIAL IMPACT
The proposed Title 11, Chapter 7, creates the mechanism to charge fees to cover the costs
associated with private individuals and companies that use public right-of-way. The proposed fees
are not being established at this time but the mechanism will be put into place with the adoption of
this ordinance . The cost for administration of this ordinance will increase, because this code requires
greater communication and coordination between the City and the telecommunication and service
providers , and detailed records of street histories must be factored into the proposed permit fees.
The "user fees" that will be adopted by separate resolution will cover the increased administration
costs.
At the present time the City of Englewood does not have a mechanism for recovering for the
degradation caused by street cuts or for the inconvenience caused to our citizens when access to
portions of streets are denied when private companies are doing work in the right-of-way . Cost
recovery for degradation and inconvenience caused will not be part of the initial fee resolution , but
they may be later, if the Colorado Supreme Court gives direction on these issues .
UST OF ATTACHMENTS
Memo Ken Ross regarding Issues and Changes
Proposed Ordinance
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ME MORA 'VDUM
TO: Ci ty Co uncil
THRO UGH: Gary Sears. City Manager
K,n Ross. DO<C,ornf P,bli c Wmks' ~
October 12, 2000
FRO .l'il :
DATE:
SllBJECT: Right o f Way Ordinance Issu es and Changes
We have had several meetings with various repre sent ati ,·es from Qwes t Communicati ons.
Ece !Energy, AT & Tin Au gus t to discuss th e issues and concerns tha t they had with th e propo sed
Right of Wa y Ordinanc e. As a result of these meeti ngs. we took ano th er look at the ord inance am.I
made ignificant changes in an anempt to work "~th the parties that are mo t impacted .
The changes are summarized below :
TI1e fi ll o\ ing words were being used in the ordinance , so th e follo wing defi niti ons were add ed :
Appurtenances
Chapter
Contrac tor
Developer
E.M.C.
Park
Rights o f Way Occupancy Pennit
Se rvice Co nnections --was added in order to create a pennit exem pt io n for en ·ice pro\·ider.
In addition, we modifi ed the following definitions to address spec ifi c se n ·ice pro,·id er concern s:
Emergen cy-was modified to include a ''intenuption of services" provis ion.
Surplus Ducts or Conduits definition was modified to extend th e numb er of years th at
companies could reserve surplus ducts for futur e use .
11-7-4: Permit Required
• In Section D, we changed the wording to make the permittin g th e develo per's res ponsibility
instead of the penninee 's.
• In Section F, we created a "routine maintenance" exemption , whereby penninees can maintain
their facilities , providing they can do the work without bothering others .
11-7-5: Permit Application-Permit Contents.
• In Section A. l .j, we tried to make clear that the companies that are not required 10 pro vide
separate perfonnance bonds, are not required to provide itemized cost estimates .
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• ln Section A.3 , we tried to be more flexible to allow City permits to be issued with the pro\·ision
that if other pem1its were required, then we would just need to see evidence that they had bee n
applied for instead of requiring these permits to be obtained prior to our issuance.
• 1n Section A.6, we changed our requirements to merely requiring ·'a signed statement .. instead o f
"pro vidi ng evidence'" that perminees were in compliance on previous pem1its is sued.
• In Section A.9, we relaxed the wording to indicate that the perminee is only responsible for" hat
is actually known .
• In Section 8 , we made it a requirement to update permits only in cases where '·materi ar· c hanges
occurred .
11-7-6: Permit Fee:
• In Section 8 , we added a statement to make it clear that degradation fees were onl) goi ng to be
charged where ·'material disturbance" of the right of way occurred.
11-7-8: Insurance and Indemnification:
• In Section A . I , we used the wording suggested by AT & T that was more concise than our origina l
subminal.
• In Section C.1, we changed the wording to make it clear that perminees did not have to indemnify
the city when we caused damages due to our "negligent or intentional acts".
• ln Section CJ, we changed the wording to make the perminee responsible to cover '"reasonabl e··
expenses instead of"actual" expenses when the City had to defend itself in third party actions .
• In Section C.4, we changed the wording so that perminees are not responsible for holding the City
harmless in cases where the City officers, employees, or agents are negligent, instead of'"gross
negligent"'.
11-7-10: Performance Warranty/Guarantee:
• In Section D, we made it a requirement that the City notify perminees in writing of needed rep a irs
during the warranty period.
• ln addition, we added Section E that now exempts perminees from warranty responsi biliti es wh en
their work subsequently gets disturbed by others.
11-7-14: Traffic Control:
• In Section G , we provided permittees an exemption from having to get traffic control plan s
reviewed and approved by the City when doing routine maintenance .
11-7-15: General Rights of Way Use and Construction:
• In Section B. we modified the minimal clearance requirements to just water and sewer facilities
instead for all "public infrastructure ...
• 1n Section C.1 , we made it a requirement that undergrounding be done at ·'no cost to the City"
instead of at the "permittee' s expense", since the perminee may be able to recover these costs
from other parties.
• In Section C.3 , we changed the wording to treat the City like other service providers when we ask
pem1inees to allow us to occupy the same trench or bore for non-City ducts and conduits.
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11-7-17: Minimizing the Impacts of Work io the Rights of Way:
• In Section C, we added routine maintenance to the list of exemptions to permit service pro viders
to work on their facilities during non-peak hours.
• In Section D, we changed the wording to require permittees to "use their best efforts" to eliminate
tracking of mud and debris onto streets and sidewalks instead of "forbidding" mud and debri to
be tracked .
• In Section E, we made a similar change to "best efforts" with respect to protection of trees and
landscaping.
11-7-19: Construcdon and Restontion Standards for newly Constructed or O\'erlayed Streets:
• We added a Section E, that allowed exemptions in certain cases for non-emergency operations to
cut new or resurfaced roads in order to provide services.
11-7-20: ~ ofFadlities:
• We removed the "sole cost and expense" wording to read instead "at no cost to the City", to allo"
pcrmittees to seek reimbursements elsewhere.
11-7-21: Abandonment and Removal of Facilities:
• In Section C, we created the mechanism for abandoning facilities in place .
11-7-22: Emergency Procedures:
• We relaxed the notification requirements in order to recognize that in certain instances it is not
necessary to notify the City of emergency repairs.
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ORDI):ANCE NO ._
SER I ES OF 2000
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BY AU THORITY
CO NCIL BILL NO. 40
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN AMEl\DED BILL FOR
AN OR DI NANCE REPEAU:S:G T ITLE 11 , C HAPTERS 3(A}, 3(B), 3(C), AND TITLE 12 , CHAPTER
4: AND CREATING A NEW TITLE 11 , CHA.PTER 7 , ENTITLED "CITY RIGHTS OF WAY.
PERMITS AND REQU IREMENTS'', OF THE ENGLEWOOD MUNICIPAL CODE.
\VH E RE AS. obstructions a nd excavations in City rights of way disrupt and inte rfere with public
use of t he rights of way : and
WHE REAS . obstructions and excavation s in City rights of way result in loss of p a rking a nd Io s
of bu s iness to merchants a nd others whose places o f business are in the vicinity of su ch o bs tructio ns
and ex cavations; and
\\"l-l EREAS, it 1s desi rable t o a d opt poli cie a nd r egulations wruch will e n a ble the City of
Engl ewoo d to gain greater co ntrol ove r the di s ruption a nd interfere nce with the publi c u se of public
tr e t s a nd rights of way , in order to pr ovid e for t h e h ea lth . sa fety a nd we llbeing of the City's
r es id en ts a nd user s of City str eets: and
\\"H E REAS, significa nt public fund s have bee n invested t o acquire . build , maintain a nd re pair
ht> streets within the City a nd cuts a nd excavation s m the str eets reduce the u se ful life of the
pa,·e men t infr astructure ; a nd
WHE RE AS , si gnificant public fund s h ave been i nvested to place and maintain landscap ing
w1thm publi c rights of way in the City a nd cuts a nd excavat io n m the public rights of way cause
dama ge t o. a nd increase the costs o f mainta inmg that land scapi n g; a nd
WHE REAS, at the prese nt time , the City does n ot h ave a detailed m a p or data base md1 cati ng
the loca tion, n ature , or exte nt of t he e ntire system undergro und utllity and telecommumcat1on
fa cilities: a nd
\VH EREAS , the va rious public and commercial utilities whi ch install , m a intain, and operate
fac diues unde r the City's s treets a r e co nstra in ed , from t ime t o time , to make e xcavation c uts whi ch
deg rade the s urfaces of these thoroughfares, thereby r educi n g thei r useful life; a nd
WHEREAS, ope r ator s of motor vehicles (p rivate a nd commercial) pay added gasoline taxes to
com pen sate for the d a m age their vehicles cause to City str eets and road s. Part of t he e taxes a r e
used by t h e fede r al government (the federal hi ghw ay "trust fund '') fo r co nstruction and maintenance
of rnterstate a nd federal highwa y . T he State of Colora do annually tra ns fe rs r evenue from ga oh ne
tax es to the City for s treet mainte nance . Public and commercia l utilities which degrade the str eets
presently do not adequ ately pay fo r the lon g-te rm damage d one t o t he ro adway s urfaces; a nd
\\'H EREAS , at the prese nt tune there is no formal mech amsm nor legal requireme nt that public
and com mercial utilitie s a n d tele comm unications companies coo r di n ate roadw ay cu ts ;
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NO\\', THEREFORE , BE IT ORDAJ:'\ED BY THE C ITY COC~CI L OF THE C ITY OF
E:--;GLEWOOD , CO LORADO , AS FOLLOWS :
. 'eci ion 1. The City Cou ncil of the City of Englewood , Col orado her eby r epea ls Title 11 , Chapter
3A, ·'Co nstruction Pe rmits a nd Requi1·ements" 111 its e ntirety. of the Englewood l\lunicipa l Code .
Sect ion 2. The City Council of the City of Englew ood , Colora do hereby repeals Title 11. Chapter
38 , "Construction Specifications" 111 its e ntirety , of the Engle wood i\lunicipal Code .
S ect ion 3. The City Council of the City of Englewood , Col orado hereby repea ls Title 11 , Ch apter
3C, '·Excavations" in its entirety, of the Engl ewood Municipal Code.
Sectio n 4. The City Council of t he City of Englew oo d . Col orado hereby r epe a ls Titl e 12. Chapter 4 .
"Fi ber O ptic Cable Regul ations·· 111 its entiret~·-of the Engl e woo d i\lunicipa l Code .
Sect ion 5. The Englewood
7 , LO t he Engl ewo od Mu111 c1pal
whi ch h a ll r ead as follow s:
1ty Co uncil her e by a me nds Title 11. by the additi on of a new Ch apte r
ode , entitled ·'City Rights Of \\'ay · Pe rmits and Requireme nts",
11 -7: CITY RIGHTS OF WAY -PERMITS AND REQUIREMENTS:
I -7-1: PURPOSE AND OBJECTlVES :
This Chapter p rovides pnnciples proce dures and assoc rnted funding for the pl ace ment of
s tructures and Fac1ht1es co nstruction excavation encro achme nts and work act1V1ties withm
or upon any Public Righ t of \\'a y and to protect the mt e g;ntv of the road svstcm and the
City's infrastructure To achi eve the;,e purposes it 1s necessary to require Permits of private
users of the Pubhc Rights of \\'a y t o e~tabli s h Permit proce dures and to fix and co lle ct fe es
a nd charges.
~-Objectives :
Pub li c a nd private uses of Pu bl ic R1g his o(Wav for loca ti on of fa cilities emploved in the
provision of publ ic se rvi ces sho uld mt.he mter est s oft he ge nera) we lfare be acco mm oda ted :
however the Citv mu,t ms u re that the pnmarv purpose of t he Right of Way passa ge of
pedestrian a nd veh ic u lar traffic. 1s mamtained t o the grea test extent possibl e. In add ition
t he value of other pubhc a nd private m stallatjons r oadwavs facilities and prope rti es
s hould be protected co mp etmg uses must be reconcil ed a nd the public safe ty prese rved.
The use of the Ril,lht of Way co rridors by private users is secondarv to these pubhc ob jec tive s
and the movement of t raffic. This Chapter is intended to strike a balance betw een the publ.ll;
need for efficient safe transportation routes and the use of Right s of Way for location of
facilities by public and private entities. It thus has !fe vcra) ob jecuves ·
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!-To insure th at the public safety is maintained and that public inconvenience is
minimized.
~-To protect the Citv's infrastructure investment.l2,y_e.§tablishing repair standards for
the pavement facilities . and property jn the public rights of way. when work is
accomplished .
g. To facilitate work within the rights ofwav through the standardization of
regulations.
~-To maintain an efficie nt permit process .
g. To conserve and fairly apportion the limited phy sical capacity of the public rights of
way held jn public trust by the City .
g, To establish a public policy for enabling the City to discharge its public trust
consistent with the rapidlv evolving federal and state regulatorv policies industrv
competition and te chnological development .
7= To promot e cooperation among the Permittee s {as defined herein) and the Citv in the
occupation of the public rights of way. and work therein. in order to (i) eliminate
duplication that 1s wasteful unnecessary or unsightly (ii} lower the Permittee's and
the City 's costs of providing services to the public and {jiil minimize street cuts.
§. To assure that the City can co ntmue to fairly a nd res ponsibly protect the public
health safety and welfare .
11-i-2: DEFINITIONS:
For th e purpose of this Chapter the following words shall hav e the following meaning s:
ACCESS VAULT :
APPURTENANCES :
Any structure co ntaining one or more Ducts. conduits,
manholes handhole or other such facili!ies..in
Permittee's Fac ilities .
Transformers switching boxes gas regulator
stations. terminal boxes meter cabinets. pedestals .
junction boxes handholes substations. system
amplifiers. power supplies pump stations manholes
valves and valve housings and other devices that are
necessary to the function of electric. communications
cable television water sewer storm water, natural
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CHAPTER :
CITY:
CITY MANAGER :
CONTRACTOR:
DEGRADATION :
DEVELOPER :
• DUCT OR CONDUIT:
EMERGENcY : •
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gas and other utilities and servic_es.
Title 11. Chapter 7. of the Englewood Municipal Co de
entitled City Rights of Way -Permits and
Requirements.
City of Englewoo d. Co lorado .
The chief executive officer of the city government of the
City of Englew oo d or the manager"s authorized
representative .
A person partnfilfilli.p.sorporation or other legal
~ho un dertakes to construct m stall. alte r .
move rem ove trim. demolish. repair . repla ce.
excavate or add to a ny improvements covered bv thi s
Ordinance that req uires work work e r s and/or
equipme nt to be m the Public Right of Wav in th e
process of per fo rming the above named ope ra ti ons .
A decre ase m the u ef ul hfe of the street
improvements or damage to any landscaping within
the Rights ofWav ca used by excavation in or
disturbance of the Right of Way. resulting in the need
to reconstruct th e s urface and/or subsurface structure
ofsuch Right of Way earlier than would be required if
the excavation or di sturbance did not occur .
The person pa rtnership. corporation. or other legal
entity who is improvjng a parcel of land within the
City and wh o is lega lly responsible to the Citv for the
co nstruction of improvements within a subdiyjsion or
as a condition of a building permit .
A single enclosed r ace way for cables. fiber optics or
other wires or a pip e or canal used to convey fluid s or
Means any event which may threaten public health or
safety including but not limited to damaged or
leaking water or gas conduit systems damaged.
plugged or leaking se wer or storm drain conduit
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EXCAVATE:
FACILITIES:
FENCE:
INFRASTRUCTURE :
LANDSCAPING :
• PARK :
fERMIT:
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systems damaged undernqund electrical and
communications facilities, or downed overhead pole
fill:!!~
To dig into or in anv way remove distribute or
penetrate anv part of a Right of Way .
Includes without limitation any pipes, conduits
wires cables amplifiers transformers fiber optic
lines antennae poles transmission structures street
lights, ducts fixtures and Appurtenances and other
like equipment used in connection with transmitting .
receiving distributing offering. and providing utilities
and other services .
Any artificially constructed barrier of wood ma son rv .
stone wire metal or any other manufactured
material or combination of materials erected to
enclose partition beautify mark or screen areas of
land .
Any City owned facility. system. or improvement
!.nc.l!iding without limitation water and sewer mains
and Appurtenan ces the City Ditch sto rm drams and
structures streets alleys traffic sumal poles and
Appurtenances co nduits signs land scape
improvements sidewalks and public safety
equipment .
Materials including without )imitation. IZ!'ass. gr ound
cover. shrubs vine s hedges or tree s and non-lmng
natural materials commonly used in landscape
development. as well as attendant irrigation syste ms .
Any area used as a park. playlZ!'Ound. open space. or
trail. devoted or designated for active or passive
recreation.
Any authorization for use of the Public Rights of Way
granted in accordance with the terms of this Chapter .
and the laws and policies of the City
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PERMITTEE :
PERSON :
PUBLIC RIGHT OF WAY OR
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The holder of a valid Permit issued pursuant t o this
Chapter.
Any individual firm , entity, partnership special.
metropolitan or gene ral district, association
corporation co mp a ny or organization of anv kind.
RIGHT OF WAY OR PUBLIC WAY : The total surface area and the area above and below
the surface that is dedicated deeded, reserved bv
plat or otherwise owned or controlled by the Citv. for
public use for: Infrastructure improvements
pedestrians vehi cul a r movement. Parks. utilitifill....Or
storm drainage a nd runoff.
RIGHTS OF WAY
OCCUPANCY PERMIT :
SERVICE CONNECTIONS :
SPECIFICATIONS:
STR UC TURE :
Any Permit for te mp orary use or occupation of Publi c
Rights of Wav wh e re there are no Infrastructure or
Facility improve me nts proposed to be placed in the
Public Way. and existing Infrastructure or Facilitv
improvements in the Right of Way w~
disturbed Rights of Wav Occupancy Permits do not
reauire paym ent of degradation fees as part of the
Permit fee .
Any work invol\"cd in taking the Permittee's se rvi ces
from the Perm1ttee ·s Facilities to individual
properties wh en thi s work can be done without
d1sturbmg Public Wav street improvements.
Engineering regulations. construction specifications .
and de si gn sta nd a rds adopted by the City .
Any t hing co nstructed or erected with a fixed lo catio n
be low on or a bove grade. including without
limitation foundati ons. fences retaining walls
awnings balconie s. and canopies .
SURPLUS DUCTS OR CONDUITS : Conduits or Ducts other than those occupied by
Permittee or any prior Permittee. or unoccupied Ducts
held by Permittee a s emergency use spares or other
unoccupied Ducts that Permittee reasonably expects
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t use with hree (3) ~rom the date of a
rell.uest for use .
Anv use or stor a ge of equipment or materials or am·
labor perform ed including but n ot limited to the
co nstruction. ma 111 te nance a nd r epairs of stree ts and
all related App urte nances fixtures. improveme nts
s id ewa lk s. drivewav ope nings landscaping bus
shelte r s. bu s pads . street lights. a nd traffic sign al
devices . .It shall al so mean construct10n maintenance .
and repair of a ll und e rground struct ures suc h a s
pipes. co nduit du cts tunnels manholes mutts
~d cable. wire . or any othe r simil ar structure
located below s urface and installation maintenance
and r epair of ove rh ead poles a nd wires used for anv
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11-7-3 : POLICE POWERS : The Permittee's rights hereund er are subject to the police powers
11 -7-4 :
of the City which include the power to adopt and en fo rce its Code. including amendments
to this Chapter. necessary to the safety. health. a nd welfare of the public. The Pe rmittee
shall comply with all applicable laws a nd ordinances e nacted or hereafter enacted bv the
City or any other legally constituted governmental unit having lawful jurisdiction ov e r the
subj ect matter he reof. The City r eserves the right to exercise its police powers
notwjthstandmg anything m this Ch apter and the Pe rmit to the co ntrarv . Any confli ct
be tween the provision s of the Ch apter or the Permit and a ny ot her present or future la wful
ex ercise of t he Citv poli ce powers shall be resolv ed 111 favor of the latter.
PERMIT REQUIRED :
Co ntractor's Li ce n e . It s hall be unlawful for anv Perso n othe r than the City or a fran chi see
to pe rform any Work 111 the Publi c Wav without first obta ining a Contractors L1cen e form
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Obtaining a Permit. No per s on e xc ept an employe e or offi cial of the City or a person
e xempted by contract with the Citv sh a ll undertake or permit to be undertake n anv
construction excavation or Work in the Public Rights of Way without first obtaining a
Permit from the City as s et forth jn thjs Chapter. exc ept for Service Co nnections ·
Emergencies as provided in E.M.C . 11-7-22 and routine maintenance as provided in E.M .C .
ll-7-14{H). Such Permits will be issued only to r egularly licensed and bonded contractors
or to a homeown e r for the property in which h e own s and resides. A copy of each permit
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o btained. a long with associated do cum ents s h a ll be maintained on t he job s it.e a nd
available for ins pec ti o n upon r equest by any officer o r e mpl oyee of the Cj ty . A P ermit i s ued
under t hi s Ch a pter ma v not be effective for more tha n one hundred a nd eig hty (180) da\'S.
The expiration d ate of the Permit s h a ll be stated on the P e rmit.
Co nstruction, Excava tion or Work Area . No Permittee sh a ll perform construction
e xcavation. or Work in an a r ea larger or at a lo cation differ e nt. or fo r a lon ger period of tim e
than that specified in t h e P ermit or Permit application. If. after co nstruction excarnti on . or
Work is commence d under an a pproved Permit, it becomes necessarv to pe rform
co n struction. excavation. or Work in a larger or different area than original!,· requested
under the application or for a longer period of time. the Permittee s h a ll notifr the Cit\'
Manager immediatelv and within twentv-four hours s hall fil e a s upplementan• a p !J ca tlo
fo r the additional construction . excavation. or Work . a nd the Permittee sh a ll be bill ed for the
additional amount owe d .
Q. Permit Tra nsferabilitv or Assignability . The applicant mav s ubco ntract the Work t o be
performed under a Perm it provided tha t the Perm it t ee s hall be a nd r emain r es po ns ibl e fo r
the performa n ce of the Wor k under the Pe rmit a nd all ins ura nce a nd fin anci a l securnv a
r equired . Permits a r e t r nn ferable a nd assign ab le 1f the tra nsferee or assignee pos t s a ll
r equired securit\' pursuant to this Ch apte r a nd agrees t o be bound by all r equire me nts of
t he Pe rmit a nd this Ch apte r .
Jj;. Developer Owners hip of Pu bli c Infra structure. In the Ci t v the phys ical co nstruction of
public infrastructure in ne w deve lopme nts is the r es pons ibility of the developer of the la nd .
Owne rship of that infrastructure r emains wi th the deve lo per of the la nd until acceptance h\'
the Ci ty. Any Deve lo pe r of la nd whe r e Work is unde r ta ke n on Infrastructure that is within a
Public Righ t of Wav but pr ior to acce ptance by the Citv s h a ll obtain a Permit fr om the City.
The C ity will not acce pt pub li c Infrastructure 1mpro,·e me n ts where Work performed 1s not
in accord ance with a pplica bl e Citv speci fi cation s and a ppli cab le provisions of this Chapt er.
f Exc avating Without a Permi t. Anv person or utihtv fou nd to be co nducti ng a n y e xcava ti on
activity within the public Right Of Way without h aving fir st obtained the required Permit(s)
e xc e pt for Se rvi ce Co nnections a nd a s provided in E .M.C. 11-7-22. s h a ll immediate ly cea se
a ll activitv (exclu s ive of actions r equir ed to stabilize t he areal and be r e quired t o o btain a
Permit before Work m av be restarted . A s urcharge s hall be require d in additio n to a ll
a pplicable P e rm it fees . Thi s s urcha rge s hall be set bv Co uncil Re so lu tio n .
~-Routine Maintena n ce Ex e mption. Any P e rmittee ma,· und ertake routine mainte na nce on
existing facilitie s without o btaining a Permit from the Citv Providing:
No work occ urs on a nv co llector or arterial street on a weekday during the morning or
evening rus h hours as de fin ed by E .M .C . ll-7-14CD l.
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Safe work area traffic si gning and barricading is provi ded in accordance with Part VI of
the..Mlwual on Uni for m Traffic Control Devices.
The routine maintenance work does not involve anv material disturbance of anv Public
Way Infrastructure improvements.
The routine mainte nance work does not involve 11 1w acuyjt1es that generate noise
levels that co nstitute a public nuisance as defin ed m the noise con trol provisions of the
E .M.C . 6-2 betwe e n th e hours of 9:00 p .m. and 6:00 a .m .
11-7-5 : PERMIT APPLICATION -PERMIT CONTENTS :
ff. Permit Application . An applica nt for a Permit to allow co n struct10n . excavation . or Work in
the Public Right ofWav under this section shall:
File a written a pplication on forms furnished bv the City which s hall include the
following :
l!: The date of application
g,, The name and address of the applicant
~ The name and address of the Developer.
d. The name and address of the Contractor wh o 1s going t o perform Work m the
Public Right of Way {Contractor must have a Co ntractor License from the C1tv),
~ An emergencv telephone number at which the Contractor domg the Work m,w be
contacted on a 24 hour basis .
~ The exact location of the proposed constructi on . excavation or Work activity .
~ A de scripti on of the Work proposed .
!:ls The type of existing public Infrastructure (street pavement. curb and gutter.
sidewalks or utilities) impacted by the construction excavation or Work .
!· The purpose of the proposed construction. excavation or Work.
j . Estimated start date and estimated time to complete Work .
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~-The proposed hours of Work.
1 An itemization of the total cost of restor ation. (If required to establi sh the
performance bond require ment.) Itemized costs should be ba sed on actual cost
to do work. if in the opinion of the Citv Manager the itemized costs appear
inadequate then the costs shall be adjusted to be in line with the most r ecent
bids rece ived bv the City or bv the Colorado De pa rtment of Transportation for
s imilar work .
~-Any delinquent charges due the City by the app li ca nt or its co ntractor for prior Work
must be paid. P e rmi ttee may es tablish an escrow account with the City to cove r
charges for Permits .
~-Attach copies of all Permits or licenses required to d o the proposed Work or t o work
in the Public Rights of Way (including required ins urance de posits. bondi!li...l!illl
warranties. unless otherwise specified in a fr a nchise a greeme nt between the
Permittee a nd the Citv) and anv licenses or permits that a r e r equired unde r the
laws of the United St.ates the State of Col or ado o r other ordinances or r egulat1 n · of
the City. If relevant permits or licenses h m·e been ap plied for but not vet recem.,d .
provide a written statement so indicating. Copies of anv s uch permit or hce nseR
shall be provi de d to the Citv within forty-e igh t (-18) hours after receipt.
g.
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Provide a satisfactory plan of Work showing protecti on of the s ubj ect propert\' and
adjacent properties .
Provide a satisfa ctorv plan for the protection of e xi sting landscaping wh en the C,tv
determines that damage may occur.
Include a si gned s tatement verifying that all ord ers issued bv the City to the
applicant, requiring the applicant to correct defici enci es on previous pe rmits. h ave
been satisfied.
J. Include with the application e ngineering co ns truction drawings or s ite plans for the
proposed co n struction excavation or Work .
~-Include with the npplicatio n a satisfactory traffic co ntrol work a r ea ba rricad mg. a nd
erosion protection plans for t he proposed con struction excavation . or Work .
~-Include a stat e me nt indicating nny propoR ed 10 111t use or owners hip of the Facilitv·
any known e xi sting Facility or Permit of the apph cant at this location · any known
exjsting Facility of others with which the proposer! installations might conflict· a nd
the name address and telephone number of a r ep rese ntative of the applicant
ayajlab!e t o review proposed locations at the site.
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10. Pa_y_all requi red Perm it fees .
Updating Application s. Applicants s h all upd ate a n v new information on Permit
ap plica tions w1thin te n {IO) days after a ny material ch a ng e occ urs .
Joint Apphcations . Appli ca nts may applv jomtlv fo r Pe rnuts to Work in public rights of wav
at the same time and pl ace. Applicants who apply jomtlv for Permits may s hare m the
payment of the Permit fe e. Applicants must agre e amo ng t hemselves as to the portion each
shall pay.
11-7-6 : PERMIT FEE:
~-Permit Fee. Before a Perm it is issued pursuant t o this Chapter the applicant s ha ll pay to
the Citv a Permit fee. whi ch s hall be determined in accordance with a fee schedule adopted
bv the City Council by resolution . Fees will be rea sonably r elated to the costs inherent in
managing the Public Rights of Way . These costs include but are not necessarily limited t o.
administering this Chapte r the costs of permitting verifving. and mapping Rights of Wav
oc cupations in ~pectmg job s ites and Rights of Way restorat10ns. and costs relating to the
degradat10n of the Ruihts of Wa y i.e . the cost to ac hieve a level of restoration as determined
bv the City at the tim e t he Pe rmit is jssued .
~-Reduction in Degradation Costs. The portion of the Pennit fee relating to degradation
costs shall be reduced bv the City in cases where the applicant demonstrates to the
sati sfaction of the Citv ~tanager that the excavation proposed wiU be used by three or
~ntities. Iegallv and financiallv unrelated, for the installation, maintenance or repair
of Facilities. The deg.radation cost portion of the Permit fee shall be further reduced in
cases where the applicant demonstrates to the satisfaction of the City Manager that the
excavation to be made will be commenced and completed during the twenty-four (24)
month period immediate Iv prior to the scheduled repaving or resurfacing of a street. as
indicated in the most recent edition of the City's Repa ving Plan. There are no degra dation
costs for Work that does not involve material disturb ance of street improvements in the
Rights of Way .
11 -7-7: PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHARGES:
Reserved for future u se .
11 -7-INSURANCE AND INDEMNIFICATION:
Insurance Coverage. Unl ess otherwise specified in a franchise agreement between the
Permittee and the City. prior to the granting of any P ermit. the Permjttee shall file with the
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C1b· a n ins ura nce po licv or ce rtificate 111 a form sat1 sfoc t or v to the
fo ll ows :
Jc . The P e rm1tt.ee s ha ll carry and maintain in full e ffec t at a ll t.1m es a comme rcial
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ge neral li a bility po licv . including broad form prope rt,· damage.mJl.le.!,e r:mQm
co ntractua l liabilitv . e xplosi o n hazard. collap .e haza rd, unde rground proper t,·
damage h a zard commonlv known as XCU for limits not !es than one milli on
do llars (S l.000 000 .00) each oc currence for dam a"es ofbodih· m ·ur\' or d ath t o one
or more p er sons: a nd five hundred thousand do ll a r s ($500 ,000 .00) each oc~urrence
for dam a ge t o or d es truction of property.
Worke r s co mp en sation ins urance as require d bY Sta te law .
Th ·,.s ha ll b re li eved of the obli ation of s ubmittin a c rtifi ate ofm s ura nce.
lns un ng Add1ti o n;1l o r Subsequent Permit Holders. Wh e neve r a nv perso n has fil ed with th
C1t y e '"1d e nce of tnti ura nce as required any addition a l or s ub seque nt P e rmit hol de r m the
e mplov of sa id m mn l pe r so n mav at the discretion of the Citv . be exc u d fr o 1 de os 1 m or
P rot ection Aga inst lmu1 ·,· or Damage t o P e r s on s or Pr lit e__,•hall
co nstruct mamta m a nd ope rate its facilities in a ma nne r whi ch pro\'Jd es prot ecuon n pms
imury or damage t o pe r sons or propertv .
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defend. and indemnifv the Citv its successor .. nss 1 nts
and appointed a nd e lected officials from and a g::11 nst all liabilitv or d a mag e and a)l
claims or d e mand s whatsoever in nature unl ess ca u se d by the n e glig e nt or
intentiona l act s of the Citv and reimburse the C1t Y for all its r e a so nable x e nse~
illi;y_r.red. aris ing o ut of the in stallation. ma inte nance o pe ration or anv othe r Work or
activity in the Public Right of Way or by the Pe rmittee r e lated to its use ther eo f.
including. but not limited to, the a ctions of the P ermjttee . its e mpl oye es. agent s
Contractors related entities s u ccessors and assign s or the securing of and the
exercise bv the Permittee of the Pe rmit rights granted in the Permit. including a ny
thjrd party claim s . a dministratj\'e hearings and litigation: whether or not anv ac t or
omission complained of is authorized al)ow ed or prohibited bv this Chapter or at he r
app)icable law .
The term s of ea ch co ntract awarded bv the Pe rmittee for activities purs uant t o a
Permit sha)l contain indemnity provjsions wher e bv the Contractor shall in<:!filnru..jy
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the CitY t o the same e xte n t as descr i bed above.
The Pe rmi ttee shall ha,·e the m:ht to d efend the all third a rn
actio ns damages a nd pen alties a rj~j ng many wa,· out of the exercise of a nv righ ts 111
the P ermi t. If a t a nv time h oweve r P e rmittce r efuses t o d efe nd and the Cit\" e lect s
to defend itself w ith r e gard t o s uch matter the Pe rmittee s ha ll pav a ll rea onable
expenses inc urred bv the Citv r elated to its d efe n se.
In the event the City institutes litigation agains t the Pe rrn1ttee fo r a breach of the
Permit or fo r a n inte rpretatio n of this Chapter a nd the City 1s the prevailmg partv
the Perm1ttee s h all r e imburse the City for a ll cos ts r elated hereto mcl udmg
r easonable attorne \"'s fee s. The P ermittee s h a ll not be obliga t ed t o hold harrnl es or
mdemnifv the C1tv fo r claim s o r d e mand s t o the e xt e nt that the '" are d ue to the
negligence or an\" intention a l a nd/or willful act s of the Cit\" or a ny of its offi ce r s,
e mpl ovees or ag e nts .
In the e vent the P e rmitt ee is a public entitv , the indemnifi cation r eg mre ments of
tlu sectio n s hall be s ubject t o the provi s io n s of t h e Co lor a d o Gove rnm enta l
lmmunitv Act.
BOND/LETTER OF CREDIT :
.\. tter of Credi t . Befo r e a nv Pe rmit required by this C hapter shall be issued t o a n
!2 ·
a pphca nt the apphca nt s hall file with the City Ma n age r a bond or letter of credit 111 fa ,·o r of
the C1tv m a n am o unt equa l to the t otal cos t of construct wn, including labor a nd m a t errnl ,
or fiv e thousand dollars whi cheve r 1s greater . The bo nd or letter of credit s hall be~
bv the a pplicant as principa l a nd bv at least one s uretv up o n wh om seryjce of proces. m ay
be ha d 111 the s t a t e . Th£> bo nd or lette r of cr edit hall be conditioned up o n the a li ca nt full ,
om lvin with a ll ro v1 s 1 ns of C1 tv rdi ances rule s ailiLr.e gulatio ns a nd up on payme nt of
a ll judgments and cost r e nd e r ed agams t the applicant C r a ny mate rial vwlatwn of Citv
ordina nces or s ta t e s t atu es tha t m av be r ecover ed agamst the a pplica nt by any pe r so n for
~a mages a n sing out of anv ne glige nt o r wro ngful acts of the applicant in the perform a nce of
Work d one purs u an t t o t he Pe rmit T h e C itv may bnng a n action on the bond o r letter of
cr edit on its own be ha lf or on behalf of a ny perso.Il...filLl!Zgncve d as bene fi cia ry . The bond or
letter of cr edit must be app roved bv t he City Mana ge r as to form a nd as to the r es pons ib tht,·
of the s uretv ther eo n prior to the iss u a nce of the P e rmit . However. the Citv ma \' wai,·e the
r equirements of a nv s uch bo nd or lett e r o f credit o r m av pe rmit the a pplicant to post a bon d
1~suretv the r eo n u po n finding th at the applicant h as financial sta bility a nd assets
loca t e d in the state to sar,sfv a nv claim s intended t o be p r ot ected against the securitv
req uired by this section .
Le tte r of Responsib1htv . A lett e r of r es po nsibility will be acce pted in li e u of a pe rform a nce
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bo nd or lette r o f cr edi t fr om a ll public utilities. all fran chi see! en t ities. and all metropolita n
water a nd sani ta ti on di s trict s operating within the C1w .
Per fo rmance Bond Duration. The performance bond . lett er of credit or lette r of resp onsibtl1tv
s hall re mai n in fo r ce and effect for a minimum of t wo ve ars a fter comp letion and a cce ptance
of the s treet cu t . e xcavation or lane closu re .
11 -7-10: PERFORMANCE WARRANTY/GUARANTEE:
Q· Warranty . Anv warrantv made h er e under shall serve as securitv for the performance of
Work necessary to repair t.h e public Right Of Wav if the Pe rmittee fails to make the
nece ss a rv r epairs or t o co mpl e te the '..Vork under t h e Pe rmit.
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Gua r a ntee. The Pe rmitt ee . bv accepta nce of the Per mit express ly warrants and gua rantee ~
co mpl ete performance of the '..V ork in a manner acc e pt a ble to the City and w arra nts and
guarantees all Work clon e fo r a period of two years a ft e r the date of initial a cce ptance a nd
agrees to mainta in upon d e mand and to make all n ecessa rv r epairs during the tw Q...Yfil!!
period . This warranty s ha ll i nclude a ll repairs and a ctions ne cl d a s ult of:
Defects in Workm a n s hip .
~-Settling of fil)s or excavation s.
~-Anv unauthonzed deviatio n fr om the
F a ilure t o barnca de.
g. Failure t o ~p d u in a nd aft r erform a n e of th Wo rk .
Anv other ,.,;ol a ti on of thi C ha pter or the ordin a nceR of the Citv.
Pe ri od of Warrant\·. The t wn vear wa rrantv penod .ha ll nm from the date of the C1tv ·~
1mti a l accepta n ce of the \\'or k . If rep :urs a r e r equired d unng the two yea r wa rrantv pen od .
those r epairs n eed o nlv be wa rranted untt l the e nd of t h e mitial two year penod start.mg
with the date of imtia l accep tance . It 1R not necessa r y th a t a new two year warranty be
provided for subsequent r e p a irs aft e r init ial acceptance .
Repairs U nder Warranty . At a nv tim e pnor to completi on of t he two vear warrantv peri od .
the Citv may notify the Permittee in writ.mg of a nv need ed repairs. Emerge n cv repairs s hall
be comp leted wjthjn twentv-four {24) hours if the de fec t R a re determined by t he City to be an
1mmment dang er to the public h ea lth . safety and we lfare. No nemergency r epairs s hall be
completed wjthm thirty (30} cale ndar clay s after nott ,;e. If s uch deficiencies a re not correc t ed
within the prescribed time the Citv mav make s uch co rrec ttons and the Permittee s ha ll pa y
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t he actual costs the reof plus a penaltv of fifty percent (50 %} of the amount thereof.
Work Disturbed While nd er Warrantv . The warrantv de sc ribed in this section s ha ll cover
onlv those areas of Work undertaken bv a Permittee and/or its Contractors. In the~~
t hat Work of anothe r Permittee or the City subseguentlv impacts a portion of Work unde r
warranty by a Permittee during the warranty period then the subsequent Perm1ttee or the
C ity shall assum e r esponsib1litv for repair to the subseque ntlv impa cted sec ti on of Right of
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11 -i -11 : INSPECTIONS:
Th _ l_L Y s hall have the right to make inspections at anv time. to r eject any work or ma terial s which
efecuve or do not conform with the requirements of this Code. the approved plans. or
~11" i!1 ,'a t1 ons. Upon review of the application for a Permit the Citv Manager shall determine how
mam~inspectjons. ifanv mav be required. For most Permits the inspection procedure will entail
>h fal owing :
I . Thilltv conducts a pre-construction inspection. to determine any necessary conditions for
the Permit.
2 The Permittee shall notify the City immediately after work begins and the City s hall conduct
periodic inspections as Work ope rations are completed.
i,). The City s hall inspec t th comp leted Work within tw e nt v-o ne (21} days of Permittee·s
regue t for mjual acceptance. In itial acce ptance will be given if all Work meets Citv a nd
Permit s tandard s.
I. Approximately thirty (30} davs prior to the expiration of the two-year guarantee . the City
s ha ll co nduct a final acceptance inspection of the compl eted Work. If the Work is still
s atisfactory the bond or letter of credit s hall be returned or allowed to expire. with a letter of
final acceptance. less a nv amo unts nee ded to comp lete Work not done bv Permittee.
For \\'v r k that does not involve mate ri a l disturbance in the Rights of Way. the City Manager s hall
",11ve h final acce ptance in s pec ti on a nd the performance bondn etter of credit.
-7-12 : PUBLIC SAFETY:
T he Pe rruittee shall maintain a safe work area free of safetv haza rds. The City may make anv
r e )air necessary to eliminate anv safety hazards not performed as directed . Any such Work
e.rfo.on.e.d. by the City shall be completed and billed to the Permittee at overtime rates. The
Pe rm a ree shall pay all s uch charge s within thirty (30} davs of the statement date. If the Pe rmittee
='.." b tu pay such charges within the prescribed time period the City may in addjt1on to takmg other
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ca ll ee 10 n re me di es, see k r e imbursement thro ugh the warra nty guarantee. Furthermor e. the
Pe r m i rtee mav be barre d fr om pe rforming a nv Work in the Public Right of Way. and unde r no
ci rc u mst a nces will the Citv iss u e anv furth e r Permits of anv kind to said Permitte e . until all
o uts t anding ch a rges have bee n paid m full .
11-i-1:.I: TIME OF COMPLETION:
All Wo r k co vere d bv the Pe rmit s hall be completed by the d a t e s tated on the application . Pe rmits
shall be vo id if Work ha s n ot comme nced six months after is sua n ce , unless an extens ion has bee n
grani ed by the City Mana ger. &rf9rmance bonds. letters of credit or letters of respon s ibt..lit,·
depos ned as a performance /warra nt\' guarantee for individual Permits will be r e turned a fter void rn g
of the Pe rmit w1th adminis trative a nd anv other City costs d e ducte d .
ll-i-I: TRAFFIC CONTROL :
Q· Traffic Control Pl an. Wh nit is n ecessarv t o obstruct tra ffi c, a traffic control pl a n .ha ll b
H
ubmitted t o the Ci tv prio r t o starting co nstruction, e xce pt a s provided in E .~I.C. 11 -1-2 ~
a nd ll-7-14<H). P a rt\ 1 of t h e Manual on Uniform Tra ffi c Control De vices or am· s ucces~ r
pubbcatton there t o s h a ll be u s ed a s a guide for all marnte nance and construction s igmng .
The Permittee s hall illus tra t e on the Permit the warnin" a nd control devices proposed fo r
u s e . At the directi on of the Citv Manager such warning a nd control devices s hall be
~d. No P e rmit will be issue d until the plan is approved by the Citv. The Pe rmittee
s hall use extra care s o a s t o mimmize di s ruption t o ad1 ace nt propertv and drives and t o
provide access to parking are as while a ccomplishing the Work. If access to priva t e pro pe rtv
must be blocked in order to accomplis h the Work th e n th e Permittee shall develop an a ccess
maintenance plan in coordination with and based on a ll r e asonable requirements of the
affected propertv owners and t e nants and s ubmit it t o t h e City. No Permittee shall bloc k
access to and from sides tre e ts. allevs maintenance r o::J d s walkways drivewavs side walks
bikepaths, fire hvdrants fire stations fire e scap es. m ail b oxes dumpsters . parked ve hicles ,
water valves underground vaults . valve housing s tructures . or a ny othe r vital equipm e nt
unless the Permitte e de mon s trates t o the City that h e/sh e has worked with the owne r or
occ upant of the fa c ilitv t o minimize p ot e ntial impact s .
S treet Closures. If a s treet cl os ing is d esire d . the Pennitt ee will r eques t the ::J ssis t a n ce and
obtain the approval of the Citv. It s h a ll be the r es pon sih i!tt,· of the Pe rmlttee to deve lo p a
dPtour and signing plan. provide a dvance warning s igns t o a dvi se drivers of the stree t
cl osure and deljver notices t o the affec ted properties a mi n 11n um of ·18 ho urs pnor t o a nv
s treet closure. It shall be th e respons ibility of the Pe rmm ee t o notify and coordinate all
Work in the public way with police fire ambulance. othe r governme ntal entities a nd tra n s it
organizations.
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Flag Persons. Whe~sary fo r public safetv the Permittee sha)l e mploy flag perso n s
whose duties s hall be to co nt ro l traffic around or through the construction site . The use of
flag persons mav be r eq uired bv the Ci tv Manager.
J;) Acce ptable Hours of Constructjon. r>:o co nstruction shall be performed that obstructs or
impedes the fl ow of traffic on arterial or co ll ector s tree ts on weekdavs during the h ours of
7:00 a.m . to 9 :00 a m . or 3 :30 p.m . to 6:00 p .m . witho ut the approval of the City Manager.
exce pt as provid ed in E .M.C. 11 -7-22. No work will be pe rformed in the Public Wav that
involves activities that ge nerate noise leve ls that constitute a public nuisan ce as defined in
the noise co ntrol provts10ns of E M .C. between the hours of 9:00 p .m . and 6:00 a.m without
the approval of the City :\1anager e xcept as provided in E .M.C . 11-7 -22.
&· Traffic Control Dev ice . Effe ctive work area traffic control must be provided for all street
construction and maintenance and u ti litv and telecommunications work a nd mamten ance
in order to provide for the safety of the workers vehic ubr use rs and pe de strian s. The tvpe
of traffic co ntrol s h ould be selected based upon the t ype of r oadway. traffic conditions.
duration of operation phvsica l constraints. and the proximitv of the workspace to traffic. All
traffic control devi ces a nd advance warning signs used fo r work area traffic co ntrQl..sruill
co nform to the applicable specificati ons in Part VI ofth Manual on Umform Traffic Co ntrol
Devices. Traffic co ntrol de\'i ce s are to be s upplied bv the Permittee. If used at night the ,·
must be reflectorized and m us t be illuminated or have barricade warning )jghts.
Prohibited Methods of lllumrnation . Oil flares or kerose ne lanterns are not allowed a s
means of illumination . Nighttime work a r ea fl ood l ighting shall not be allowed to spill out of
the construction area in s u ch a wav as to disturb. anno\' or endanger the comfort health or
peace of others.
Maintenance and Construction Signing. The Contractor shall be r es ponsible for maintaining
all work area signmg a nd barricading during construction operations as we)! as any s igns
and barrica des that are nee de d to protect roadwav users a nd pedestrians during non-w ork
hours . During non-work hours. a ll constructio n work area s igns that are not appropriate
s hall be r emoved. cove red. or turne d around so that thev do not face traffic. Any deficiencie s
noted by the Citv s h a ll be correct ed immediately by the Co ntractor. If Contractor is not
available or cannot be found . the Citv may make uch correctio n s and the Contractor s h all
pav the actual costs plus a penaltv of fiftv percent (50 %) of the amount thereof.
Routine Maintenance Any Permittee m ay underta ke routine maintenance on existing
fac ilities without obtaining traffic co ntrol plan approval from the City providing:
No work occ urs on anv co ll ecto r or arterial stre et on a weekday during the mo!:!linK.Qr
evening rush hours ns definer! bv E .M.C. ll-7-14 (d) aboye_,
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~ Sa fe wo rk a r e a t rnffi c s igning a nd barricad mg 18 provided in accorda nce wi t h Pa rt \ 1
of the l\l a nua l on l 'ni fo rm Traffi c Co ntrol Den ces .
g. The ro ut inE' m aintena nce work do es n ot in'"olv e a nv material d isturb a nce of am·
Public Wa v I nfra tru cture improve ments.
we ll as mamta inin the
traffic co ntrol e lem
ll-i-15 : GENERAL RIGHTS QF WAY USE AND CONSTRUCTION:
~-Right Of\Vav l\l eetings. Pc rm,ttee will mnk e r easo na ble e fforts t o a tte nd a nd pa rt 1c1pa e in
meeting8 of the C1tv of whi ch the Pe rmittee is mad e a ware re garding right of wav 1s,ues
tha t may impact it F acilities including planning meetings to anticrn ate JO int trenchmg a nd
boring. P ermit.tees and fran chi sees s hall joint trench or s hare bore s or cu ts a nd coo rdma t e
co n s truction whe neve r it ,s possibl e a nd r easonablv practi ca ble so a t o r educe ~o far a~
possible the num be r o f Rig ht of Way c u ts within th e C',tv a nd th e a mo unt of tim e t at
pedestrian a nd ve hi c ul ar traffic is obs tructed or imp ed ed
with req uired clearances . The Pe rm 1ttee's Faci liti es s hall be located erect ed and
maintained so as not to e nd ;i ng e r or interfere with the live s of Person s or to inte rfere w11h
new improvements the Citv mav dee m proper t o make , or to unnecessarilv hinde r or obs truct
the fr ee use of the Rights of \V a v or other public prope r tv a nd shall not unreasonablv
mterfere with trave l by the public and the use of public places during the co nstruct10n
maintenance and rep a ir operation or r emoval thereo f.
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Und erground Con.truction a nd Lise~-
Jc. Unl es othe rw is provided below . when r equired bv general ordinances. r eso lut10n s.
r egulations or rules of the City or applicable state or federal )aw P ermjttee 's
Faci lities shall be pla ce d underground at no cost to the City . Where all Facilities are
install ed underground at the time of Permittee's co n struction or when all s uch
Facilities are s ub seguentlv placed underground all Permittee Facilities s hall also be
placed underground a t no e xpense to the Citv unless funding is generallv available
for such relocation t o a ll use r s of the Rights of Wav . Placing facilities underground
does not precl ud e th e use of ground-mounted appurte nances: however. r elated
equipme nt s uch as ped estals. must be placed in accordance with the City's
app li cable r u les and co d e r equi r e me nts .
~-In a rea where existin g F acilities are aerial the P ermittee mav install aerial
Facj )it1e s. F or above ground Facilities the Pe rm1ttee s hall utilize existing pole s
whe r ever po.s1bl e. a ltho ugh under no circumstances is the Permittee allowed t o
a ttach F aci lities t o ornam ental poles.
l Should the C1tv d e ire to place its own Facilitie. in trenches or bores opened bv the
P ermittee the Pe rm1ttee s hall cooperate with the Ci tv in anv co ns truction bv the
P erm1ttee that involves trenching or boring. prov id ed that the City has fir st notified
the Permjttee in so me m a nner that it is interes t ed in sharing the trenches or bores
in the area where the Permittee"s construction is occ urring. The Permittee shall
allow the Citv to place its Facilities in the P ermittee's trenches and bores. prov id ed
the Cj ty in curs a1w incremental increase in cost of the trenching and boring. Shoul d
the Cjty d esire to in stall Ducts or Conduit for the possible u se of other en ti tie~
the Permittee s h all a ll ow the City to place these Facilities in the Permittee's
trenches and bores provid ed the City shares pr o po rtionally in the cost of trench ing
and boring. The Ci tv s h all be responsible for mam t a ining its respective Facilities
buried in the Permit tee's trenches and bores un d e r this para gra ph.
Use of Co nduits bv the City . The Citv may install or a ffix a nd maintain its own Facilit1e
for Citv purposes in o r upo n anv and a ll of Permittee's d ucts conduits or equipme nt in the
rights of way and other publ ic pi:l ces . at a charge to be n egotiated between the parties <but
in n o event greate r tha n the be t pri ce charged by P erm ittee to any other user). to the extent
s pace the rein or ther eo n 1s rcaso n:1blv available and purs uant to all applicable ordinances
and codes . For the purposes of th is s ubsection. "Citv purposes" includes but is not limited
to the u se of the structures a nd i nst:1llation s for Citv fir e poljce traffic. water telephone
a nd/or s ignal syste m s .
Common Users.
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Jc. The Rights of Wav have a finiie ca p ac ity fo r conta111i ng F acilities. Th e r efo re.
whenever the Citv d etermine it is impracticable to pe rmit co n struction of a n
unde rgrou nd Co n duit svstem bv a nv othe r e nt.It v wlu c h m ay at the ti m e hm·e
authoritv to co n stru ct or m a111ta in Co nduits or Ducts in the Rights of W aY. but
e xcluding e n t ities prov iding se r vices in co m petition with Pe rmit.tee a nd unless
otherwise prohibited bv fe de r a l or s tate law or re gulations the Ci tY maY require
P ermit.tee to affo rd to s uch e ntity the right t o u se Pe rmittee"s Surplus Ducts or
Conduits in co mm on with P ermit.tee purs u a nt t.o t h e t e rm s a nd co nrlitio n s of a n
agreement for u se of S urplus Ducts or Conduits e nte re d into b y P e rmittee a n d the
other e ntitv. Nothing h er e in s h a ll r equire Pe rm itt e e t o e nte r into a n a greeme n t wi th
such ent.itv if. in Permit.tee's r easonable de t e rmin ation s u ch a n a gree m e nt co uld
co mpromise t h e integritv of the Permit.tee's Facilities.
§· P e rmittee s h a ll give a co mmon u se r purs u ant to this Sectio n a m i nimum of on e
hundred twenty (120) d a ys n otice of its need t o occ upy a Co nduit a nd s h a ll propose
t h at the com m on u se r ta k e the firs t feasibl e actio n as follows:
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11-7-16:
Pav r eYi s e d Conduit r e n t d esigned to reco ver the cos t of r e trofitting the
Condu it with s pace-sa,·in g technologv s ufficie n t to meet P e rmittee"s space
n efil!J,:
P aY re vised Cond uit r e nt based on the co.t of n e w Conduit con s tructed t o
m eet P e rm itt.ee "s s p ace n eed s:
f£) Vacate the n ee de d Duct s or Co nduit ; oi:
@ Co n struct and m a inta in s ufficie n t new Conduit to mee t Pe rmittee's space
n eed s.
Whe n two or m ore com m on u ser s occupv a sectto n of Co nduit F aci litv the last u ser
t o occ up v the Conduit Facilitv s h a ll be the first to vacate or co n s truct n e w Co nduit.
When Co nduit r e nt i r evised because of re trofitting. s p ace -saving technology or
construction of n e w Co nduit. a ll co mmon u sers s hall b ea r the incr eased cost .
All Facilities shall m ee t anv a pplica ble local. State. a nd fe d e ral clearance a nd oth e r
safety requirements. be adequately grounded a nd a n ch or e d and mee t the provi s ions
of contracts executed be tween P e rmit.tee a nd the oth e r common u ser. P e rmit.tee
may at jts option. correct anv attachment deficien cies a nd ch a rge the co mmon u se r
for jts costs. E ach common u ser s hall pay Pe rn11ttee for a n y fin es fees damages o r
other costs the common user's attachment.s ca u se Pe rmit.tee to incur .
COORDINATION OF EXCAVATIONS: JOINT PLANNING AND
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Reduction of Djsrupt1on a nd Inte rference. Excavations in Citv Rights of Way di s rupt and
interfere with the public use of Citv streets and d a mage the pavement and landsca ping .
The purpose ofth1s Sectio n is to reduce this disruption interference and damage bv
promoting better coo rdinatio n a mong Permittees mak111g e xcavations in City Rights of Wav
and between these P e rmittee s and the Cit.v. Bette r coo rdmauon will assist in mmim1zing
the number of excavations be ing made wherever feasible and will ensure the excavation s in
Ci tv Rights ofWav are to the maximum extent possib le. pe rformed before. rathe r than
after. the resurfacing of the s treets bv the City .
Ex cavation Master Plan. An v Pe rm1ttee owning o pe r :Hmg or m sta lhng fa c1lit1 e. 111 (11,·
Rights ofWav providing water sewe r ga s e lec tnc co mmunication VJde o or othe r utiht,·
se rvices shall meet annu nl h· with the Citv Manager a t the C1tv Ma nage r 's r equ t t o
di scuss Permittee·s e xca vatio n ma s t e r plan. At s uch m.:,e ung t o the extent not a lread,· in
possession of the Citv. Pe rm it t ee shall submit d oc um enta t10 n. in a form required b,· the C1l\·
Manager showing a location of the Permittee·s exi stmg fn c1ht1e s in the Ci ty Rights of WU\·.
Permittee shall discuss with the Citv Manager. its e xc:w at1 on master plan . a nd 1d ent1f.-
planned major excavation Work in the Citv The C1t\' l\l anage r ma ,· make his own r eco rd on
a map drawing or othe r docume ntation of each Permitree·s planned ma10 r e xca va ti on Wo rk
i.n..1he Citv: provided. h owe\'e r. tha t n o s uch d oc um e nt pre pared bv the Cj ty Manager s hall
1d ent1fy a particular e ntitY . o r the planned ma10r e xca Yati on Work of that particular e ntity .
Permittee s hall meet with t he C ity Manager to di scuss a n 1mtial excavat10n ma st er plan no
late r than s1xtv (6 0 ) davs afte r s ubmittmg its first P enmt ap plication . The r eafte r each
Permittee s hall s ubmit annua llv on the first regular bu s m ess dav of Januarv a revised and
updated excava t 10n m ast r p la n . As used in thi s s ubsection . the t e rm "planned maJQr
excavation Work'' r e fe r s t o anv future excavations planned by the Pe rmittee when the
excavation master plan or u pda te is submitted that will affect any City Right of Wav for
more than fiv e (5) davs provid d that the Permittee shall not be required t o 1d ent 1fy future
major excava ti ons planne d to oc cur more than tw o (:l) vears a fte r the date t hat the
Permittee's master plan q r upda t e is discussed. Betw ee n th e annual meetmgs t o di scuss
planned major excava ti on \\'ork P e rmittee s hall use I!. bes ts e fforts to inform the C1tv
Manager of any ~ubsta ntaa l chnnges in the planne d mmo r excavation Wo rk discus~ d t th
a nnua l mee tmg .
Repaving Pl a n . The C1tv :\<bnn ge r shall pre pare a Repnvmg Pl a n s howing the s treet
re s urfacing planne d bv the C11,·. F or pumoses of this S ecti on the Repaving Plan sh all
include a landscaping or otlw r Right of Way improvement plan. The Repaving Plan hall be
revised and updated on a n nn nu a l bn sis after meetmg t o discuss the Permittee·s a nd the
Citv's master pl a n s a nd uru:!a t es. The City Manager s h a ll make the City's Rep avi ng Plan
a vailable for publ ic m pect io n . In a ddition. after determining the street re s urfacing Work
that is proposed for eac h ven r . the City Manager s hall ,end a notice of the propose d Work t o
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a ll Pc rm1 t t ees th at have had a n a nnual meeting with the Citv Manage r .
Coo rdinatio n with Re pav111g Plan. Prior to ap plnng for a Permit. a nv Per so n planning to
e xcavate in the C~hts of \V a v s hall r ev ie w t.he ru,,s Repaving Plan on fil e with the
Citv Mana ger a nd s h all coordi nate to the extent prn cu ca bl e with the ut11itv and stree t
Work s hown on s uch plans ro m111imi ze damage t o a nd a,·0 1d undue di s ruption and
interference with the public use of s uch Rights o f\.\"av .
Locating Facilities. In performing locates of F ac ili ties 111 the Public Rights of \V av in
pre para tion for co n truction un d er a Pe rmit. P e rmi ttee sh a ll compile all inform ation
o btained regarding its or a m· ot he r faci lities m the public nghts of wa y re la t ed to a
particular Permit. a nd shall make th at information availa ble to the Citv in a writte n a nd
verified for mat purs ua nt to writt e n Citv poli cv .
);. Doc umenta tion of Locl!lllill..Qf P e rm1tt ee·s F acilities. Pnor t o underta king am \\"ork 111 the
Rights ofWav the Ci t v m :w noufv all Pe rmittees of the Citv Work to be per fo rm ed. L"p on
s uch notification a ll Pe r mitt ees s hall within seven (7) davs lo cate their Facibtie 111 the
Rights of Wav in whi ch the \\"ork will be performe d and p rovide doc um entatio n ma fo rm a
pursuant to writte n C1tv pohcv of the Permittee's Fac il itie s in that Right of \V av . !~
Pe rmittee fail s t o provid the loc a t e information r eq uested bv the Citv the Cit,· mav obt a in
thi s information and ch n rg e rhe Permittee the actua l cos t s fo r obtaining the m fo rm arn
11-i-li': MINIMIZING THE DfPACTS OF WORK IN THE RIGHTS OF WAY:
Q· Notification Assoc ia ti on . Befo r e placing a m · Facilities in the Citv Right of Wa v all e nt1t 1es
s hall become a me mber of th e l tilitv Notification Ce nter of Co lorado CUNCC) and shall
co mplv with all r e quire me nt.~ provi de d in C.R.S . §9-1.5 et seq . In addition. a ll entities a re
r es ponsible for m aki ng inquirie s of a ll ditch compa ni es utility compa ni es. districts loca l
gQYfil'.Ilme nt and a ll other agencies that might h ave fa ciliti es in the area of Work t o
dete rmine possible co nflicts.
~ T he P e rmittee shall co ntac t the UNCC a nd r eque t fi eld loc ation s of a ll fa ci lities in the a r ea
pu r s uant to UNCC r equirem e nts. Fi eld loca tions s h all be m arked prior t o co mm e ncmg
Work . The Pe rm1ttee s h a ll sup pol"t and protect a ll prnc s co nduits poles. wires. o r othe r
a pp a ratus which may be a ffected bv the Work from d a mage during co nstructi on o r
settlement of trenches subseq u e nt t o co n struction.
~-Noise Dust. Debris Hours o f Work. Each P erm ittee s h a ll co nduct Work in s u ch manne r a s
to avoid unnecessarv inco nve ni e nce a nd annoya nce t o the ge neral public a nd occ upa nts of
ne ighboring prope rty. In the pe rfo rm a n ce of the Work th e Pe rmittee sh a ll take appropriate
measures to r e duce n o ise du s t a nd uns ightly d elms . :--o Work s hall be d on e be tw ee n the
hours of 9 :00 p.m . and 6 :00 :i .111. e xcept with the wrnte !l.Jlermi ssion of the Ci tv Manager or
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in case of a n e mergen cv. An y e ntity with Facilit ies m the Public Right of Way may
un de r take r o utine mainte n ance on exi sting facuitJes wi t hout obtaimng writte n pe rmission of
the City Manager providing:
Jc. The routine mainten nnce work does not invo lv e anv mate rial di sturba nce of a nv
Public Wav Infrastructure improvements.
~-The r o utine m gime n ::rnce work doe s not involve a nv activities that ge ner ate noise
leve ls tha t constitute a public nuisance a s d efi ned in the noi se co ntrol provi sio ns of
the Municipal Code.
Trash and Constructio n i\late ri a ls. Each Permittee s ha ll ma intain the Work si te so that:
Tras h and co n s truction mate rials are co ntai ned so that they are not bl own off of the
construction s ite.
~-Tras h is r e moved fr om a co n t ruction site oft e n e nough so tha t it d oes not become a
health fir e or safetv haza rd .
g. Trash dumps t ers and storage or construction trai le r s are not pl ace d in the street
without specific app r ova l of the Citv Mana ge r .
Deposit of Dirt a nd Mat e nal on Road wavs . E ach Pe rmittee s hall utilize their best efforts t o
e limmate the trackmg of mud or d eb ri s upon any s treet or s idewalk. Streets a nd s idewalks
s hall be cleaned of mud n nd debn a t the e nd of ach day . All equipme nt and trucks
tracking mud and d bns into the Right of Way h a ll be cl eaned of mud and debris a t the
e nd of each dav or as d irected bv the C itv Mana ger .
);: Protection of Trees and La nd scap mg . Each Permittee s ha ll use their best efforts t o prot ect
ire.es. la ndsca pe and landscape features as required bv the City . All protective measures
s h a ll be provided at the e.·pe nse of the Permittee. If Pe rmittee causes damage to trees a nd
other landscape feat ures . the n the Pe rm1ttee s hall be r es pons ible for r e p a irs a nd d e pe ndmg
upon t he extent of damag e the replace ment of the la nd sca pe improvements .
. Prot ection of Paved Surfaces from Equipme nt Damage. Bac khoe egu10m e nt o utrigge rs s ha ll
be fit ted wi th rubbe r pad ~ whenever outrigge r s a re pl aced on anv pave d s urface. Tracked
vehicles that wlll damage paveme n t s urfaces are no t pe rm itted on pave d surfaces unless
s pecific preca ution s a r e t a ke n t o protec t the s urface . Th e Permjttee will be r espo ns ibl e for
a nv dam a ge ca u sed t o the pave me nt bv the operat10 n of s uch equipment a nd sha ll re pa ir
s u ch s urfaces Failure t o do so will r esult in the use of the ;rnplicant"s performance/wa rranty
guarantee by the Citv t o repa ir a ny d a mage . and po ss ibly the requirem e nt of add 1t10 n al
wa rrantee(s).
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Protection of Property. Each Permittee s hall preserve private and public propertv and
protect it from damage . The Permittee shall at its own e xpense. shore up and protect all
buildings. walls. fen ces or other prope rty likelv to be damaged during the Work and shall be
responsible for all damage to public or private propertv resulting from failure to properlv
protect and carrv out Work in the Public Way.
J. Sanitarv Facilities . .Each Pe rmittee shall provide necessnrv sanitarv facilities for workers .
~-Clean Up. As the Work progresses. a ll Public Rights of Wav and private propertv s hall be
thoroughlv cleaned of all gas and oil spills . rubbis h excess dirt. rock and other deb ri s . All
clean up operations shall be done at the expense of the Perm ittee.
~-Preservation of Mo numents. A P e rmittee s hall not disturb or move anv land monuments
property marks. or survev hubs and points that may interfere or be impacted b,· the
proposed Work. until their location ha s been witnessed or r efe renced in acco rdance wi th
standard survev practices. o r unles_§__fil!QLov al is obtained from the City Manager. Am·
monuments. hubs a nd p oints disturbed will be r ep la ced bv a Colorado Regi ster ed La nd
Surveyor at the P e rmittee"s ex pense.
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Construction Vehicle Parking. Each Permittee shall m ake provisions for emplovee and
co n struction vehicle parking so that neighborhood and business parking admcent to a \\"a rk
s ite is not impacted .
Maintaining Safe Walk wnv~. Each Pe rmittee shall maintain an adequate and safe
unob,tructed walkwav around a co n~truct1on site 11-3-:J. In cases where the sidewalk must
be b)oc kcd and pedestrian traffic must be routed a ro un d t he work area the Permittee shall
11 -7-1_: STANDARDS FOR REPAIRS AND RESTORATION:
A Ow ne r Re spons ibility . Whenever the City Manager or de -1gnee determines that..llill
idewa lk curb o r gutter s hould be constructed or repaired it shall caus notice in wnWlG...!.Q
If such construction or repairs are not made by the owne r within thirty {30) days afte r
~e rvice of the notice. the City Manager or designee may ord e r such constructio o r o
be made by the Citv and t he exp ense s connected therewith s hall be a li e n upon the propertv
alongside such sidewalk until the cost thereof is fullv pnid . Whe n such co n structi on or
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repairs a re made bv the Ci tv the cost thereof shall be assessed by the City upon the
property fronting upon the same. and if the assessment is not paid within thirty /30) davs
t her eafter. the Qili,_shall ce rtifv s~ssment to the County Treasurer who s hall place
the same upon the tax li st for the current vear to be co lle cted in the same manner as othe r
taxes a r e collected with t en percent <IO%) penaltv thereon to defrav the cost of co llecti on .
~-Permittee Respon sibilitv . The P ermit.tee s hall be fully responsible for the cost and actual
performance of a ll Work m the public wav . The costs assoc iated with compaction testmg
shall be borne by the applicant. The P e rmittee shall d o all Work in conformance with the
approved plans. any and all e ngineering regulations. con struction specifications and de si gn
standards adopted by the City. These standards shall applv to all Work in the public wa,·
unless otherwise indicated in the P ermit .
~-Restoration of Work Site Con dition. All r estoration shnll r es ult in a Work site co ndition
egual to or better than th at which existed prior t o constrnction . In addition t o the
regulations specifications and standards referred to in s ubsection /A) the following
provisions shall applv t o Work in the public rights of wav o f the Citv .
l · Pavement cuts shall be filled with compacted select material. Either con crete or
asphalt patches will be placed to match the existing street cro ss section. Select
material shall includ e select fill. stone /COOT 26 or 57) or co ntrolled d e n s ity
Cflowable) fill.
~-The new asphalt will be placed bv City crews unle$s s pecial circum stances rai sed bv
C1tv Staff. or the Permit.tee ju s tifv the Permit.tee con tractmg with a reputable paving
firm to complete this work to City standard.
Concrete meeting all construction standards of the Ci ty shall be u sed to replace
concrete pavement wherever it occurs.
4-Flowable fill backfill mate ri al. satisfying design and co nstruction standards adopted
the City shall be used t o re stor e all trenches that have been excavated jn th e paved
portion of any public s tree t or alley . When cont r oll ed d e nsity fill typ e mate r ia l 1s
used. steel plate will be placed to cover the ope ning for the time r eg u1r ed to allo w the
material to set. or until as phalt patching is co nw..!filfill The applicant mav ut1ljz e
granular backfill material in lieu of flowabl e fill backfill material provided that a ll of
the following conditions are satis fied.
~-Prior to the iss uance of a Permit for cons truction excavation. or Work
activitv in the public Right Of Way the applicant must r equest and r eceive
approval fo r the use of granular backfill material.
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g. The tvpe gradation placement. compaction a nd testing of the granula r
backfill material s ha ll me et or exceed all 1·e quirements specified in design
a nd co n struction standards adopted the City. The costs associated with
compact10 n t esting sha ll be borne by the applicant.
f· Once the co mpacted backfill has been pla ce d an asphalt cutback s ha ll be
m a d e . The cutba ck will extend 6 inches minimum on each side of the
o pe ning and will be ove r undisturbe d pavement material {l-1/2 inch dee p
m inimum). All edges o f the opening s h a ll be neatlv cut with a n asph alt saw
at 90 d egrees t o the r oa dwav and uniform ly tacked.
CONSTRUCTION AND RESTORATION STANDARDS FOR NEWLY
CONSTRUCTED OR OVERLA'r"ED STREETS:
No per s on shall cause a n open tre nch excava t10n or potholing of utilities in t he pave ment of a n\"
Public Right of Way for a pe riod of t\\"O year s fro m the co mpletion of con struction or r es urfaci ng
e xce pt in compliance with the provis io n s of th i Section .
~ Permit Apphcauon . Anv app lica tion fo r a Permit to Ex cava te in a Public Right of \\ av
s ubject to the r e quirements of th is secti on sh a ll co ntai n the following inform ation :
A d e t ailed a nd d uuensional engin eering pl a n th a t identifies a nd accuratelv
r epresent s the City Right~ of Wav or prope rtv that will be impacted bv the proposed
excavat10n a s we ll a s ad j~reets. a nd the method of construction .
~-The street width or a llev ""idth including curb a nd gutter over the t ot a l le ngth of
each Cj tv bl oc k that will be impacted by the propose d excavation.
The locatio n . wi dt h le ng t h. an d de pth of the pro po sed excavation.
~-The t otal a r ea of exis ti n g s treet or alley pavement in each individual City blo ck t h at
will be impacted bv the proposed exc avation .
g. A writte n stateme n t a dd ress ing the criteria for approva l.
Criteria for Approval. No P e rmi t fo r e xca vation in the Rig ht of Way of new s treets s hall be
a pproved unless t h e C it\· :\1anag~r fi nds that all of the fo ll owing criteria have bee n met:
J,. Boring or jacking withou t di sturbing the p ave me nt is not practica l due to physical
characterjst1cs of t he s treet or a ll ey or other utility conflicts.
~-Alternativ e utilitv a lign me nt s that do not invo lve excavating the street or a ll ey a r e
found to be impracticable.
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~-The proposed excavation ca nn ot reasonably be rlelayed until after the two year
deferment period h as lap sed.
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Ex e mptions for Em e rgencv Operation s . Emergency ma i nte na nce operations shall be hm1ted
to circum sta nces mvolving the preservation of life prope rtv or the r estoration of customer
serVl ce . P er so ns with pnor authorization from the Citv to perform emergencv mamtenance
operations with in the Public Righ ts of \Vav. shall be exempt ed from this Secti on . Anv Per s on
comm e n ci ng operation s u nd er the law s of this Section sh all s ubmit d etailed e ngmee nng
plans. co nstruction method s a nd rem e diation plans no la ter than three workm dav s a ft e
initiating t he Em erge ncv mai ntenance operation.
Co nstructio n and Restoration Stnndnrds fo r Newh· Co nstructed or O,·erla\'ed StreN s a nd
All ev . Th e str eets s h a ll be r esto r ed a nd r epaired m acco rdance with design and
co nstruction st a nd a rd s adopted th e Cm · a nd gu a r ant eed m accorda nce wit E .!\I. . 11-6-1 0 .
J;;. Exemptions for Non-Eme r ge ncy Operat10 ns . A Pe rm1 ttee may appl\' t o the Citv Ma nage.Lfur
a n exemption under this Sec tion wh e n the construction 1s necessarv in the public inte rest or
to provide a public service . Bv w;i y of exa mpl e but not bv limitation an exe mption co u ld be
r equest ed in order t o pr ov id e se rv ic e$ o a part of the Cit,· wher e no se rvi ce would be
avail a ble without co nstructi on. If 11 n -e r e ncv exe m tion 1s r a nt d to di stur b a Pubfil
Wav within the tw o {2} ,·e ar peri od. the Cm· Manager mav Ill hi s so le di sc retion imp ose
a dditional r est or a t io n r eq u1r e m n s. mcl udi ng but not ne ce ss a rilv limited t o. r oto-m1lhng
a nd r e paving of a large r a r ea. such ns a n e ntire b lock in which the co n struction occ urs .
11 -7-20 : RELOCATION OF FACJLJTIE :
l f a t a ny tim e the C1tv r equ est s th Per m1tt ee t o reloca t e 1s F ac ilities. in ord e r to a ll ow th~
ma k a nv ubll u s of R1 ht o f \\·n 01· 1f a a ny time 1t. s hall beco me nece s sar v beca use of a
cha nge in the grade or for anv ot he r pun '"· hv r eason of the improvi ng. r e pam ng co ns tructing . or
m a 1nta 111ing ofanv Rig ht s of\\'av or re:1 p n of traffic cond1t 1ons . pub lic safety r b\' r as n f
!_ns talla t1on of any tvpe of . tructure or p ub lic 11nprove ment bv t he C1tv or othe r pubhc age nc\' or
s pe cia l di s t ri ct and a nv ge ne r a l pr ogram fo r t he un de rgrounding of such facilities . t o move or ch a ngt>
the PPr mittee's F ac ilities wi thin or a dja ce nt to the Rights of Wav 111 a nv ma nner either t.e m oranh·
o r pe rma n e ntly the Citv s h all n otifv the Pe rmittee a t leas t nin et\' ( 90) d av s Ill a d va nce except. 111
the ca se of emergencies, of the Ci t v's inte nti on to perform or hav.e_s uch Wo rk pe rform ed . The
P ermittee s h a ll thereupon at no co t to t he Citv acco mpli h the necessary r elocation. removal or
cha nl!e within a reasona ble time fr om the d ate of the notifi cation but in no eve nt later tha~
(:l l working days prior t o the d ate the Ci t v has notified the Pe rmittee that it intends to co mm e nce
its Work or immediately in the ca se of E me rge ncies. Upon the Pe rmittee's failure to accomplish s uch
Wor k t he City or other public age ncies or fill <:c i::i l district mav pe rfor m s uch Work at the Permittee 's
e xp e nse a nd the Permit t ee s h all re1mbur •e the City or othe r age ncy within thirty (30} days a ft e r
· t: 11t of a written invoice. Following r c loc nr1 on . a ll a ffect ed property s h a ll be res t or ed t o . at a
nuni uum the co ndition which existed p rio r t o construction the Pe rmittee at the Permjttee's
exp e nse . Notwithstanding the r e quirem , 11tR of the Section a Permittee may request a dd1t1 on al
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tim e t o co mple t e a r e loca ti on pro je ct . T he Cic v lV(a nager s h a ll gra nt a reasonable extension if in hi s
so le discr e ti on the extens ion will n ot ad ve r s e lv affect the Citv pro je ct.
ll-i -21 : ABANDONMENT AND REMOVAL OF FACILITIES:
/}, Notification of Abandone d F acilities. Anv Permittee that intends to discontinue u se of a nv
Facilitie s within the Public Rights of \V av shall notify the City Manager in wntmg of the
inte nt to discontinue use . Such n ot ice shall include the foll owing:
!· A description of the Facili t ies for which the use is to be discontinued .
~-A description of a ll know n h aza r d ous material co ntained or used in the F a cihttes.
~. A propos ed date fo r di scon tin ua n ce of use . Said d a te shall not be less than thirtv
(30) days from the d a t e s;1c h no tice js submitted to the City Manager.
~. The proposed m e thod of :ihn n do nme nt. or r e m ova l and restoration .
The Pe rmittee m a ,· n ot r e m ove. de~t ro y or permane ntlv di s able any such Facilities during
said thirtv (30) d av pe ri od without \\Tltten approval o f the C ity Manager but may continue
to pe rform maintenance on the F :1C1 !it ies. The Citv Manage r shall review the abandonment
n otice within th1rtv (30) d a vs t o determine whether Facil iti e s and Conduits can and should
be kept available for future u s e1·s. o r 1f n ot the prop osed me thod of abandonment. or
re m oval and re s toration .
describe the Facilities for which the u se i s t o be discontmued. a date of discontinuance o f
u se wh1ch date s hall not be les s t h a n thirtv /30) d a vs fr om the date such n otice is Re m ova l
of Abandoned Facilities. lf it is de t e rmme d that the Fac ilities should be removed the n the
Pe rmittee shall s ubmit a Pe rmit np pl ica tion to allow co ns truction excavation and o r Work
in the Public Right of W a v a nd th e P e rmittee shall be sub1 ect to all applicabl a nd
requirements of this Chapte r . The P e rmittee shall be require d to remove and dispose o f
s uch Facilities as set forth in the Pe rmit. and shall co mpl e te such removal and di s p osal
within six (6) months fr om the el ate of the initial notice of intent to abandon. unless
additional time is requesterl fr om the a pproved bv the Citv Manager.
Abandonment of Facilit 1e in P lace .. -\t the discretio n of t _he Citv and upon writte n notice
from the City Manage r the P rmitte ma v e ither:
Abandon the Faciliti es in p ince . a nrl shall furth er co nvey full title and owne rship of
such abandoned Facil iti es t o t he C ity. The co n s id e ration for the conveyance is the
City's p e rmi ss ion to o ba nd on the Facilities in pl ace. The Permittee is responsible
for all oblig;:ui_on ~ as own er of t he Facilities. or other liabilities associate d therewith
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until the co nvevance to the C,tv is co mpleted .
~-Aba ndon the Facilities in pl a ce but the Pe rmittee still retains the responsibili!yjor
all obligations as owner of the Facilities. or othe r li a bilities associated the rewith.
11-7-2 2: EMERGENCY PROCEDURES:
Anv pe rson maintaining Facilities in the Publi c Wav may procee d with repairs upon existing
F aci lities without a Permit when e m e rgencv circumstances dema nd that the Work be done
imm ediately . If the emerge ncv r e pairs involve disturbing a ny Public Right of Wav improvements .
!.lliill.1.!w person doing the Work shall applv t o the Cj ty for a Pe rmi t on or before the third (3"')
w o rking day after such Work ha co mmen ce d. All Emerge n cv Work that involves mate rial
disturbance of any Public Rights of Wav improvements. or anv Emergency Work that will require
~e acceptable hours of co nstruction a s pro ,·ide d in the E.1\1.C. re lating to noise or tra ffi c t o be
violated will require prior t e lephone notifica t io n to the Public Wo rk s De partment at the Ci tv .
11-7-23: REVOCATION OF PERMITS A:XD STOP WORK ORDERS:
~-Permit Revocation or Suspension. Am· Pe r mit m av be re voked or s uspended bv the Cit,·
Manager after written n oti ce t o the Pe nmttee for:
Violatjon of anv co ndition of t he Pe rmit or of a ny provision of this Chapter.
~-Violation of anv provision of aJ1 ,· other ordina n ce of the City or state law r e lating t o
the Work.
g. Existence of a ny cond ition or pe rformance of anv act which the City determine s
constitutes or causes a co nd1t1 o n e ndangeri ng life or damage to prope rtv .
_!:! Stop Work Orders. A Sto p Wo rk Or_lc r mav be issue d bv t he Citv Ma nager to anv person or
pe r so ns d oing or ca u s ing a m· Work t o be do ne in the Pub li c Wav for :
J,. Working without a Pe rmit, e xce pt for routine maintenance or emergency repair s t o
e xisting Fac ilities as provid er! fo r in this Chapter .
Doing work in violation of a m · provision of this Ch a pter. or any other ordinance of the
City. or state la w relating to th e work.
Pe rforming a ny a ct . which Cit.v determines. co ns titutes or causes a condition that
e ithe r endangers life or p rop e rrv .
Stop Work Order issued by the Ci t v J\lnnager. shall t a ke e ffec t immediately upon notice to
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the Person performing Work in the P u bli c Way or to the Permittee's la st known address.
Upon receipt of the Stop Work Ord er all work is to cease except for those activities that_ru:e
n ecessary to make the work area safo o r to end the dis ruption to traffic or to protect pe ople
or property. or if approved by the Citv 1\fanager. to cure t h e violation or conditions that
ca used the Stop Work Order.
14. Appealing a Suspension. Revoc ati on, or Stop Work Order . Any suspension or
~evocation or Stop Work Order mm · be appealed bv the Perrninee to the City Board of
Adjustment and Appeals by filing a written notice of appe al within thirty (30) davs of
the action.
11-7-24 : SUSPENSION OR REVO CATION OF CONTRACTOR'S LICENSES:
A. Causes for Suspension or Rev oca ti on ofa Contractor·s License . The City Manager may
suspend or revoke a license when th e licensee commits one or more of the following acts
or omissions:
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J,. Failure to compl v with th e r,·spo nsibilitie s as outlined in the Chapter or with the
provisions in th e Englewood Engineering Reg ulati ons and Construction Standard s.
~-Conspires with any perso n tu permit a licen se to be used by another person .
J. WjlJfully violates or dismwr ds any of the pro visions of the Code.
~-Workers exhibit a di sregard fo r safety and th erefo re work being perfonned results
jn unsafe conditions .
~-Unsa tisfactorv Work re sulti ng from inadequate skills or carelessness in the
judgement of the City Mana ~
2· Failw:e to obey ord ers in a time lv fashion .
z. Failure to obev a sto p work ord er.
Licen se Suspension or Revocation Pro cedure . When any of the acts or omissions outlined
a.bill'.e.Ju:e committed bv a li cense holder. and the Citv Manager deems that the lic ense
shall be suspended or revoke d. th .; 'itv sha ll notify the licensee in writing by certified
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mail or personal service. Upon receipt of th e notice. th e licensee may request in wTitin~
hearing to show ca use wh y th e licen se should not be sus pended or revoked . If a he aring is
reque sted by th e li ce nsee. the Ci tv 1'Ianager shall se t a time, date and place, and so noti fv
the licen see The suspe nsion or revoca ti on shall be sta ved until after the hearing . When a
hearing is conduc ted. th e li ce nsee, the Public Work s Department. and all interested partie s
ma y attend . Upo n completion o f th e hearing. the Citv Manager shall take all evidence
avai lab le as a result of the Public Work s Depanm en t investigation and all evidence
presented at the he ari ng und er ad\·isc ment. and shall notify the licensee in writing of the
findings and de ci ion. inclu di ng len gth of suspe nsion or revocation if any. by certified mai l
or personal service . The time of a sus pe nsion mav be up to one year . The tim e of
revoca ti on may be up to five (5) vears.
b· Appea l Rights Anv person. wh o disp utes a lic ense suspension or revocation. mav
appeal the decisi on to the Citv Board o f Adjustment and Appeals by filing a written
notice of appeal. The re voca ti on or suspension is not sta ve d while the Citv Bo ard of
Ad iustment and Appeals heari ng is pen ding .
Sect10n 6 . Safety Clauses The City Council . her eby fin ds . d eterm ines. a nd d eclar es that this
Ordi nance is promulgated under the gen eral police power of the City of Englewoo d . that it 1
promulgated for the health , safety, a nd wel far e of the public, and t ha t this Oniinance is neces ary for
the preservation of health and safety a nd for the prot ection of pu blic co nvenience and we lfare . The City
Council further determines that the Ordina nce bea rs a r a tional r elation to the proper legislative o bj ec t
sought to be obtained.
Sectjon 7. Seyerabj!jty If a ny clause, se ntence , para grap h , or part of this Ordina nc e or the
application thereof to any person or circum ~ta nces shall fo r a ny r eason be adjudged by a co urt of
co m pe tent jurisdiction invalid , s uch j udgm e n t s l a ll mt affect impair or invalidate the r e mainder of th1
Ordina nce or its application to other persons or circum st a nces.
Secuon 8 lnconsjstent OrdinanceR All othe r Ordinance or portions ther eof inco nsiste nt or
co nili ctrng with this Ordina nce or a ny portio n hereof are here by repealed to the exte nt of such
in co nsistency or conflict.
Sectjon 9. Effect of r e peal or modification The r epea l or mod ifi ca tion of a ny provision of t he Cod e
of the City of Englewood by this Ord i na nce shall not re lease, extinguis h , a lter, modify , or cha n ge in
whole or in part a ny p en alty , forfeitur e, or liability , either civil or criminal, which s hall have been
incurred under s uch provis ion , and each prov is ion sh a ll be treat ed a nd held as still remaining in fo r ce
for t he purposes of sustaining any and all prope r actio ns , s ui ts , proceedings , and prosecutions for the
enforce ment of the penalty , forfeiture.or li a bi lity.as well a s fo r the purpose of sustaining any judgment,
d ecree. or order which can or m ay be rcncl c r ecl, e ntered, or made m such a ctions, s uits , proceedings, or
prosec utions .
Sectjon 10 . :&wllUc -The P e nalty Provisio n of E .M.C. S ectio n 1-4-1 sh a ll apply to each and e very
violation of this Ordinance.
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In t roduced , read in fuU , corrected and pas sed on first reading on the 15th day of May , 2000.
Pu blished as a Bill for an Ordinance on the 19th day of May, 2000.
A Public Hearing was held on June 5, 2000 .
Introduced as amended , read in full and passed as amended on the 16th day of October,2000 .
Published as an amended Bill for an Ordinance on the 20th day of October, 2000.
ATTEST: Thomas J. Burns, Mayor
Loucrishia A. Ellis, City Clerk
1, Loucrishia A. Ellis , City Cl erk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of an amended Bill for an Ordinance, introduced, read in full. and passed
as amended on the the 161h day of Octob e r , 2000.
Loucrishia A. Ellis
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ORDI. ANCE 1':0.
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . .JO
INTROD UCE D BY COU1':CIL
MEMBER WOLOSYN
AN AMENDED BILL FOR
AN ORDINANCE REPEALING TITLE 11 , CHAPTERS 3(A), 3(B), 3(C}, AND TITLE 12 . Cl·U .PTER
4; AND CREATING A NEW TITLE 11 , CHAPTER 7, ENTITLED "CITY RIGHTS OF WAY .
PERMITS AND REQUIREMENTS", OF THE ENGLEWOOD MUNICIPAL CODE.
WHEREAS, obstructions and excavations in City rights of way disrupt and interfere wi th publi c
use of the rights of way ; and
WHEREAS , obstructions and excavations in City rights of way re sult in loss of parking and los
of business to merchants and others whose places of business are in the vicinity of s uch obstructt on,
and excavations; and
WHEREAS, it is desirable to adopt polici es and r egulations which will e nable the City of
Englewood to gain greater control over the disruption and interference with the public use of pu bli c
streets and rights of way, in order to provide for the health , safety and we llbein g of th e ity ·s
residents and users of City streets; and
WHEREAS , significant public funds have bee n inve sted to acquire . build , ma in tain and re pa ir
the str ee t s within the City and cuts and excavations in th e streets r ed u ce the useful li fe of th
pavement infrastructure; and
WHEREAS , s ignificant public funds have been invested to place and maintai n landsca prng
within public rights of way in the City and cuts and excavations in the public rights of way cau e
damage to , and increase the costs of maintaining that landscaping: and
WHEREAS, at the present time , the City does not have a detailed map or d ataba P md1 cattng
the location, nature, or extent of the entire system underground utility and t e le co mmun1 ca t1 ons
faciliiies; and
WHEREAS , the various public and commercial utilities which install , maintain , and operate
facilities under the City's streets are constrained, from time to time, t o make exca vati on cu t s whi ch
d egrade the surfaces of these thoroughfares, thereby reducing their useful life : and
WHEREAS , operators of motor vehicles (private and commercial) pay added ga so line taxes t o
compensate for the damage their vehicles cause to City streets and roads . Part of these taxe a r e
used by the federal government (the federal highway "trust fund") for construction and mainte nance
of interstate and federal highways. The State of Colorado annually transfers revenue from ga soline
taxes to the City for street maintenance. Public and commercial utilities which degrade the streets
presently do not adequately pay for the Jong-term damage done to the roadway s urfaces ; and
WHEREAS . at the prese nt time there is no formal mechanism nor legal requirement that public
and commercial utilities and telecommunications companies coordinate roadway cuts;
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NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Section I . The City Cou nci l of the City of Englew oo d , Colorado hereby rep ea ls Title 11 , Chapter
3A , "Con s truction Pe rmits and Requirements" in its entirety, of the Englewoo d i\lunicipa l Code .
Section 2. The City Council of the City of Englewoo d, Col or ado hereby repea ls T itle 1 I . Ch a pt er
3B , "Con tructio n Specifications·· in its entirety, of the Engl e woo d i\lunic1pai Code.
Section 3. The City Cou ncil of the City of Englewood. Colo r ado hereby repea ls Title 11 , Ch a pter
3C , "Excavations" in its entirety, of the Englewood i\lunicipai Code.
Section 4 . The City Council of the City of Englew oo d. Co lorado hereby re pea ls Ti t le 12 . Cha pter I.
"Fiber Optic Cable Regulations·· in its e ntirety, of the Englewood Muni cipal Code.
Section 5. The Englewoo d City Co uncil hereby amends Title 11 , by the addition of a new Chapter
7, to the Englewood Municip a l Code , entitled ''City Right Of Way· Pe rmits a nd Requirements",
which s h a ll r ead as follo w :
11-7: CITY RIGHTS OF WAY -PERMITS AND REQUIREMENTS:
11-7-1: PURPOSE AND QB.JECTIVES :
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This Chapter proyj des principles procedures and associated funding fo r the placement of
structures and Fac1hti es construction e xcavatio n encroachm ents and work activities within
QLlU1.0ll any Public Right of Way and to protect the integri ty of the r oa d system a nd th e
City's infrastructure To achieve these purposes, it is nece ssa ry io req uire Permits of pri,·at e
use rs of the Pubhc Rights of Way, to establish Permit proce dures and to fix and co ll ec t fe es
and charges.
Objectivew
Public and pnvate uses of Public Rights of Way for location of fa cilities emp loved in th e
provision of public services should in the interes t s of the general welfare be accommodated·
however the City must insure that the primary p urpose of the Right of Way pa ssa ge of
pedestrian and vehicular traffic is maintained to the grea t e. t exte nt po ssible . In addition ,
the value of other public and private installat10ns r ond ways facilities and properties
should be protected competing uses must be reconciled and the public safety pre erved
The use of the Right of Way corridors by private users is seco ndary to these public ohjemves
and the movement of traffic This Chapter 1s intended to strike a balance between the pu bli c
n eed for efficient safe transportation routes and the use of Rights of Way for locati on of
facilities by public and private entities It thus has several ob 1ectjves·
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To insure that the public safety is maintained and that public inconvenience is
minimized .
~. To protect the Citv's infrastructure investment by establishing repair standard s for
the pavement facilities and property in the public rights of way. when work is
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g.
To facilitate work within the rights of way through the standardization of
regulations.
To maintain an efficient permit process.
To conserve and fairly apportion the limited physical capacity of the public rights of
way held in public trust by the Citv.
To establish a public policy for enabling the City to discharge its public trust
consistent wjth the rapidly evolving federal and state regulatory policie s industrv
competition and technological development .
To promote cooperation among the Permittees (as defined herein) and the City in th e
occupation of the public rights of way and work therein in order to {i) eliminate
duplication that is wasteful unnecessary or unsightly. {iil lower the Permittee's and
the City's costs of providing services to the public and (iii) minimize street cuts .
~. To assure that the City can continue to fairly and responsibly protect the p!.!.hlil.:
health safety. and welfare .
ll:H; DEFINITIONS:
For the purpose of this Chapter the following words shall have the following meaning s:
ACCESS VAULT :
APPURTENANCES :
Any structure containing one or more Du cts co ndu its
manholes handho!e or other such facilitie s in
Permittee's Facilities .
Transformers switching boxes gas regulator
stations terminal boxes meter cabinets pede stals
junction boxes handholes substations sy stem
amplifiers. power supplies pump stations. manholes ,
valves and valve housings and other devices that are
necessary to the function of electric communications
cable television water sewer storm water natural
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CHAPTER:
CITY:
CITY MANAGER:
CONTRACTOR:
DEGRADATION:
DEVELOPER:
• DUCT OR CONDUIT:
• EMERGENCY :
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gas and other utilities a nd semces.
Title 11. Chapter 7. of the Englew oo d Murucipal od
entitled City Rights of Way -Permits and
Requirements .
City of Englewood. Colo!:l!m!.
The chief executive officer oft~ ov rn
City of Englewood or the manager's a uth ori zed
representative.
A person partnership corporation or other legal
entity who undertakes to construct in stall. alter
move remove. trim. demolish. repair. replace
excavate or add to any improvements covered bv this
Ordinance that requires work workers and/or
equipment to be in the Public Right of Way in th e
process of performing the above named operation s.
A decrease in the useful life of the street
improvements or damage to any landscaping within
the Rights of Way caused by excavation in or
disturbance of the Right of Way. resulting in the need
to reconstruct the surface and/or subsurface structure
of such Right of Way earlier than would be required if
the excavation or disturbance did not occur.
The person partnership corporation . or other legal
entity who is improving a parcel of land within the
City and who is legally responsible to the City for the
co nstruction of improvements within a subdivision or
as a condition of a building permit
A single enclosed raceway for cables fiber optics. or
other wires. or a pipe or canal used to convey fluids or
gases.
Englewood Municipal Code.
Any event which may threaten pubhc health or safety
or that results in an interruption in the provision of
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EXCAVATE :
FACILITIES:
.f.ENCE :
INFRASTRUCTURE :
LANDSCAPING :
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seryjces including but not limited to damaged or
leaking water or gas systems. damaged. plugged. or
leaking sewer or storm drainage systems damaged
electrical and communications facilities. and advan ce
notice of needed repairs is impracticable under the
circumstances .
To dig into or in any way remove distribute or
penetrate any part ofa Right of Way.
Includes without limitation any pipes. conduits.
wires cables amplifiers transformers. fiber opti c
lines. antennae poles. transmission structure s. str ee t
lights. ducts. fixtures and Appurtenances and oth er
like equipment used in connection with transmitting
receiving. distributing offering and providing utilities
an..d other services .
Any artificially constructed barrier of wood. masonry
stone wire metal or any other manufactured
material or combination of materials erected to
enclose. partition . beautify. mark or screen areas of
lfilld,
Any City owned facility system or improvelfil'.Il!
including without limitation water and sewer main s
and Appurtenances the City Ditch storm drains and
structures streets alleys. traffic signal poles and
Appurtenances conduits signs landscape
improvements sidewalks. and public safety
equipment.
Materials including without limitation grass ground
cover shrubs. vines. hedges. or trees and non-living
natural materials commonly used in land scape
development. as well as attendant irrigation systems .
Any area used as a park playground. open space. or
trail devoted or designated for active or passive
recreation .
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PERM1T :
PERMITTEE :
PERSON:
PUBLIC RIGHT OF WAY OR
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Any authorization for use of the Public Rights of Wav
granted in accordance with the terms of this Chapter ,
and the laws and policies of the Citv.
The holder of a valid Permit issued pursua nt to thi s
Chapter.
Anv individual firm entity partnership special.
metropolitan. or general district, association,
corporation. company or organization of anv kind .
RIGHT OF WAY OR P UBLI C WAY : The total surface area. and the area above a nd belo,~
the s urface that is de dicated dee ded reserved bv
plat or otherwise owned or controlled by the Cit,·. for
public use for : Infrastructure improvements,
RIGHTS OF WAY
OCCUPANCY PERMIT :
SERVICE CONNECTIONS :
SPECIFICATIONS:
STRUCTURE :
pedestrians. vehicular movem e nt. Parks utiht 1
storm draina ge and runoff.
Any_fumit for te mp orary use or occ up ati on of Pubh ,
Rights of Way where there are no lnfrastructur
Facility improvements proposed to be pla ced in t he
f!iblic Wav and existing Infrastructure or Fa c1ht y
improvements in the Right of Way wjll not be
disturbed. Rights of Way Occupancy Permi ts do not
require payment of degradation fees as part of the
Permit fee.,
Any work involved jn taking the Permittee"s . ern ces
from the Permittee's Facilities to individual
properties when this work can be done without
disturbing Public Way street improvements .
Engineering rerulations construction specification s.
and design standards adopted by the City .
Anything constructed or erected with a fixed loca tion
below on. or above grade including without
limitation foundations fences. retaining wall s
awnings balconies and canopies .
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SU RPLUS DUCTS OR CONDUITS : Conduits or Ducts other than thos e occupi ed bv
Permittee or any prior Permittee or unocc upi ed Du ct.
held by Permittee as emergency use spares or ot her
unoccupied Ducts that Permittee re asonabl v exp ec tE
to use within three (3) vears from the da te o a
request for use .
WORK:
11-7-3: POLICE POWERS :
Any use or storage of equipment or .mate rials. or am·
labor performed including but not limited to the
construction. maintenance and repairs of streets a nd
all related Appurtenances. fixtures improve ments .
sidewalks drivewav openings. landscapin ~
shelters. bus pads street lights and tra ffi c s ignal
devices . It shall also mean construction. ma rnte nance~
and repair of all underground structure~ s uch a s
pipes conduit. ducts. tunnels. manhol es. va ults.
buried cable wire. or any other similar structure
located below surface and mstallat10n ma mte_n nee
and repair of overhead poles and wires use d fo r a m·
purpose.
The Permittee"s rights hereunder are subject to the police powers of the City whi ch mclud e
the power to adopt and enforce its Code including amendments to this Chapter nec essa rv
to the safety health and welfare of the public. The Permittee shall comply with all
applicable laws and ordmances enacted or hereafter enacted. by the City or any other
legally constituted governmental unit hayjng !awful jurisdiction over the s ubj ect matter
h ereof. The City reserves the right to exercise its police powers. notwithstanding anvthing 111
this Chapter and the Permit to the contrary. Any conflict between the provisions of the
Chapter or the Permit and any other present or future lawful exercise of the City polic e
powers shall be resolved in favor of the latter .
11-7-4: ~T REQUIRED :
~ Contractor"s License It shaH be unlawful for any Person other than the City or a fran chi se e
to perform any Work in the Public Way without first obtaining a Contractors Li cense fr o.m
the City .
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)?. Obtain ing a P ermit . No per so n except a n e mpl oyee or offi cia l of the Citv or a person
exempted bv co n t r act wit h t he City shall undertake or pe r mit to be undertaken an,·
cons truction . excavation or Work in t he Public Righ ts of Way wi t h out fir st o btainin g a
Permi t fr om t he Citv as set fo r t h m t h is Chapt er excep t fo r S er vice Co nnections;
Emerge ncies as p rov id ed in E .M .C . 11-i-22. a nd routine mai n te n a nce as pr O\·ided 111 E .:\I.
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l l-7-4 (G). S uch Permits will be issued only to r egularly lic en sed a nd bond ed con tract ors . or
to a homeowner for the p r opertv m whjch he owns a n d r esid es. A copv of each permit
ob tai ne d a long with as o 1ated docu me nts. sh a ll be mai nta ined on the job s ite and
avail able fo r in spect io n u pon r eq uest bv a nv offi ce r or emplovee of the Citv . A Per mit iss ued
Th
d oft1 me
li ca tion . If after co nstru It n excavat1on_._Qf
Work is com me nced un de r a n ap p roved Permit it beco mes necessa rv t o pe r forn
co nstruction . excavation . or Wo rk in a la rg er or diffe r ent a rea t ha n or igrnallv re u ~t cl
under the a p p li ca t io n or fo r a longe r peri od of t im e the Pe rmtt tee sh all not1fr the Hv
Ma na e r imm ediatelv and within tw e n t ·-fo ur h ours s ha ll file a su
fo r the a ddi tio na l co nstruct io n
a ddition a l a mo unt owed .
Pe rmit Tra n sfe r a bil it v or Ass igna bili ty . The a pplica nt may s ubco nt r act the Wor k to be
per for me d under a Pe rmit pr ovid ed th at the Pe rmi ttee s h all be a nd r e ma in r es ponsibl e fo r
the pe r fo rm a nce of t he Work unde r th e Permit and a ll in s ura nce a nd fi na ncia l sec urity as
r eq uired ._&r.ulit s a r e transfe r a ble a nd assi gn a bl e if t he tra n sfe r ee or assi gnee posts a ll
reg mred security p urs u a n t to t h is Chap t er a nd a grees t o be bound bv a ll r eq u ir ements of
the Pe rmit and this Chapter .
Devel oper Ownership of Public lnfra3tructure. In t h e Citv t h e p lwsica l construction of
publ ic infrastructure in new developments is the responsi bilitv of t he develope r of t he la nd
~hip of t h at infrast ructur e re mams with the d eve loper of the land until accepta nce bY
t he City. Any Deve loper of la nd wh ere Work is unde rta ken on Infra structure that 1s w1th111 a
Public Right ofW av but p r io r t o accepta nce bv the Citv sh a ll obta in a Pe rm it fr om th e Cttv .
The City will not acce pt p u blic Infrastructure i mp r ove ments . whe r e Work per fo rm ed !!l...l1fil
in acco rda nce with a pplica bl e City specificat io n s and a pplicabl e prov ision s of this Chapte r .
Excava ting Wi t h out a P erm it. Any person or uti)j t v fo und t o be co nduct ing a nv excarntion
actjvitv within t he Public Right Of Way withou t h aving fir s t o bta ined the r equired Permi t{s ) •
excep t fo r Service Co nn ections a nd as provj d ed in E.M .C. 11-7-22 sh a ll imme di ately cease
all activity {e xclusive of act io n s r equired to st abili ze the area) and be re quir ed to obtain a
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Permit before Work ma\· be re started . A surcharge shall be r eq uired in addition t o all
applicable Permit fees This surcharge s hall be set by Council Resoluti on.
Ro utine Maintenance Exemption. Any Permittee mav undert.ake r outine maintenance on
existmg facilities without obtaining a Permit from the Citv providi ng:
J,. No work occurs on anv collector or arterial s treet on a weekdav during th mornmg or
evening rus h hou r s as defined bv E.M .C. 11-7-1-t<D).
~. Safe work area traffic s igning a nd barricading i s provided in accordance with Pa rt \"I of
the Manual on Uniform Traffic Co ntrol Devices.
g. The routine maintenance work doe s not involve any mate rial di s turbance of anv Publi c
Way Infrastructure improvements.
J The routine mainte n a nce work does not involve any activities that generate noi .e
levels that constitute a public nui sanc e as defined in the nois e co ntrol provi s10 n s of th e
E.M .C 6-2 between the h ours of 9:00 p.m. and 6:00 a.m.
11-7-5 : PERMIT APPLICATION -PERMIT CONTENTS:
Q· Permjt. Application. An applicant for a P ermit to allow construction. e xcavation. or Work in
the Public Right of Way under this section shall:
J. File a written application on forms furnjshed by the City which shall include the
following :
~ The date of application.
Jb The name and address of the applicant
~ The name and address of the Develope r.
d . The name and address of the Contractor who is going to perform Work in the
Public Right of Way (Co ntractor must have a Co ntractor License from the Citv) .
~ An emergency telephone number at which the Contractor doing the Work mav be
contacted on a 24 hour basis .
t The exact location of the proposed construction. excavation or Work activity.
~ A description of the Work proposed .
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!:!, The type of existing public Infrastructure (street pavement curb and gutter .
sidewalks or utilities) impacted bv the construction excavation or Wo rk .
j. The purpose of the proposed construction. excavation or Wo rk .
j. Estimated start date and estimated time to complete Work .
~. The proposed hours of Work .
1 ~n itemization of the total cost of restorati on . (If required to establi s h th e
performance bond r equirement.) Itemized costs should be based on actunl cost
to do work. if in the opinion of the Citv Manager the ite mized costs appear
inadeq u ate. then the costs s h all be adjust ed t o be in line with the mos t r ece nt
bids received bv the Citv or bv the Co lor a d o Depa rtment of Transpo rt ation fo r
similar work.
Any delinq uent charges due the Cit,· bv the applicant or its contractor fo r pri or Work
must be paid. Permittee mav establis h an escr ow acco unt with the Ci ty t o co ve r
charges for Permits .
~. Attach copies of all Permits or licenses required to do the propose d Work. or to work
in the Public Rights of Way {incl uding required in surance deposits bonding and
warranties. unless otherwise specified in a franchise agr eeme nt betwee n the
Permittee a nd the City). and any li ce nses or permits that are r equired under the
laws of t he United States the State of Co lorado or other ordinances or r ul a ti ons
the City. If relevant permits or licenses have been applied for but not yet rece iv ed
provide a written statement so indicating. Copies of any such permits or li ce nses
s hall be provided to the City within forty-eight (.t8) hours after receipt.
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Provide a satisfactory plan of Work showi ng protection of the subject propertv and
adjacent properties.
Provide a satisfactorv plan for the protection of existing landscaping whe n the Citv
determines that damage mav occ ur .
Include a s igned statement ve r ifvi ng that all orders issued bv the Citv to the
applicant requir ing the applicant to co rrect deficiencies on previous permits have
been satisfied.
Jpcl ude with the application engineering construction drawings or site plans for the
propo ed construction. excavation or Work.
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Jnclud e wi t h t he application a satisfactorv traffi c co ntrol work area barrica ding . a nd
erosion prot ec t ion plans for t he proposed construction excavation or Work .
~-Incl ud e a statemen t indicati ng a n y proposed joi nt use or own er s hip of the Fac ilit,·;
anv known exi sting Facilitv or P ermit of the app licant at this~ a n,· kn own
e xi~ung F acilitv of oth er s with which the propo sed inst a Ua t io ns migh t co nfli ct· :in d
the name addr ess and te lep hone number of a r ep r esentative of the applicant
availab le t o r evie w proposed location s at the site.
I 0 . Pa,· a l) requ ired Permi t fees .
J?. Upda ting Apphcat10n s. App li ca nts hall u pdat e a nv new in fo rm ation o n Pe rmit
a pplica tion s within t e n {10) davs a ft e r anv material ch ange occurs.
~-J oint Applications . Applica nts mav applv joi ntlv for Pe rmits t o Work in public rights of way
at the same tjm e a nd place. Applicants wh o ap pl v joi ntlv for Permi ts m av s hare in th ta>
payme nt of t h e P e rmit fe,:. Appl ica nts mus t agree among them se lv es as to the porti on each
s hall pav.
11-7-6: PERMIT FEE:
9 . P e rmit Fee. Befo r e a Permit is iss u d urs u a nt to t h1 , Ch a t e r the ap hca nt , ball JJ:i,_t_o
the Citv a Permit fee which s h a ll be dete rm111 ed 111 acco rd a nce with a fee schedul dupt cl
bv the City Council by reso lution . Fees will be r easo nab ly re lat ed t o the coa ts _1nh eren , 111
ma n a ging the Public Rights of Wav . These cost s 111 cl ude. but a r e not neces~anlv limned t o,
a dm in is t ,:ring this Chapter. the costs of pe rmit t.111g ve rjfymg a nd mappi ng R1 hts of \\'av
occ up a tions inspecting job sites a nd Rights of \V ay r est or a ti o ns a nd cos t s r ela t111g t o th e
degradation of the Rights of\V ay i.e ., the cot t o ac h1 eYe a leve l of r es t o ration as determ111 ecl
by the C itv a t the time the P e r . i 1 · ssu d .
~ Re duction in De grad a tion Costs. The portio n of t he P ermit fee relating to d egradation cos t s
s h a ll be r educed by the Citv i n cases wher e the app li cant demonstrates t o t he satisfaction of
the Citv Ma n a ge r that the excavatio n propose d will be use d bv three or mor e e nt1t1 e le ga lh·
and financially unrela ted . fo r the in stallation m ai nte na nce or rep a ir of F aci lities . T he
degrad a tion cos t portio n of the Perm it fee shall be furth er re duce d in cases whe r e the
app lica nt d e monstrates t o the sati sfac ti on of the Citv Manager that the excava ti on to be
m ade will be co mmenced a nd co mpleted during the twenty-four {24} month period
immediately prior to the scheduled repaving or r es urfacing of a street. a s indica t ed 111 t he
m os t r ecent ed ition of the City's Re pavi ng Plan. There are no degrad ation cos t s fo r Work
that does not invo lve materia l di sturbance of street improvements in the Right s of Way .
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11-7-7 : PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHARGES:
Rese rved for fu t ure u se .
11-7-8 : l'.IISURANCE AND INDEMNIFICATION:
~-ec ifi ed in a fran ch is a ee m nt betw en the
t the r a ntin of anv P erm it the Permitte s hall fil e with t he
J.. The Pe rmittee s h a ll ca rrv a nd mai nt a in in full effect a t a ll times a co mm ercwl
gene r a l liabilitv poli cy including broa d fo rm propert,· da ma ge co mpl e ted operati on,
co ntractual liabilitv expl os ion haza rd co ll a pse h aza rd . und ergroun d prope rtv
da ma ge h azard co mmonly known as XCU for limit not less tha n one nulh on
doll a r s (S 1.000 000.00) each occ urre nce fo r damages of bodil v mjurv or death to one
or mor e person s· and fiv e hundred thousand doll a r s (S 500 000 .00) eac h occ urre nce
for damage to or de structi on of propertv.
~-Workers co mpe n sat10 n ins urance as required b,· State la w.
~-The City shall be re lieved of the objjgol!on of s ubmitting a ce rtifi ca te of in s uranc
0Sltln r o r
Permittee's ins urance poli cy .
Protection Against lnjurv or Da ma_ge~ on or Pro e rtv . a h P rmltt ee shall
co nstruct. maintain a nd operate its faci lities ma ma nner whi ch provides protecti on a gain st
injury or damage to pe r so ns or propertv.
The Permittee . for itself and it s r elated e ntities agents e mpl oyees s ubco ntra ctors
a nd the a gents and emplovees of said s ubcontractors, s hall save the Citv harm less
defend a nd indemnify the Citv its s uc cessors. assigns offi ce r s emplovees a ge nt s
and a ppointed and elected officials fr om and against all liability or dam a ge a nd all
da ims or demands whatsoever in nature. unless caused by the negligent or
intentional acts of the City a nd reimburse the City for all its reasonable ex pe nses as
incurred arising out of the installation maintenance operation or anv other Work or
activity in the Pubhc Right of Way or by the Permittee r elated to 1ts use~
including but not limited to the actions of the Permittee its employees. agents,
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.!:&Dt r actor s . re lated e ntities uccessors a nd assigns or the sec uring of and the
exe r cise bv the Perm1ttee of t he Permit rights granted in t he Pe rmit including a nv
third partv claims a dmini str ative hearings a nd litigatio n: whether or not anv act or
omi ssion complained of is a uthori ze d allowed or prohibited bv t hi s Cha ter or other
a pplicable Jaw .
~-The terms of each contract a wa rded bv the Perm ittee fo r activities purs u ant to a
P ermit shall contain indemnitv provis ions whereby the Co nt r acto r shall tn demmfr
the City to the same extent as de scribed above.
g. The Permittee s hall h ave the right t o defe nd the Citv with regard to all third pan ,·
action s d amages a nd pe nalties arising in any wav ou t of t he e xercise of an ,· nght , tn
t he Pe rmit. If at any time. how ever. Permittee r e fu ses t o d efe nd a nd the C1 t \' e lect;:
to d efend itself with regard to s uch matter s the P erm ittee shall pav all r easonabl e
e xp e nses incurred bv the City r elat ed to its d efe n se.
,1. In t h e e ve nt the Ci t\' institutes litigation against the Permittee fo r a breach of the
Permit or for a n interpretation of this Chapter a nd the Citv is the pre"ailtn!:..ru!!1L
the Pe rmjttee shall reimburse the City for a ll costs r ela t e d he r et o. incl uding
so n a bl attorne "s fee . The Permittee sh a ll not be ob li ated t hold harm! s;; or
mdemnify the Citv for claims or de mands t o the extent that thev ar due t o t he
negligence or any inte ntional and/or willful acts of the City or a nv of its offi ce rs.
e mployees or agents.
g. Jn the event the Pe rmittee is a public e ntity the inde mnifi ca tion requi r eme nts of
this section s h al l be s ubject to the provis ion s of the Co lorado GO\·e rnm ent;il
mmunt ,
R OF CREDIT:
!tcant hall file with the Citv Man a ger a bond o r lette r of credit m favor of
the Citv in an amo unt eq ual to t he total cos t of construction, in cluding labor a nd mater ial s
or fiv e thou sand dollars wh1 che "er is greater. The bond or letter of credit shall be exec ut~
bv the applica nt as pr mcipal a nd by at le ast one s uretv up on whom se rnce of pr ocess ma\'
be h ad m the st ate. The bo nd or letter of cr edit shall be co ndiu oned up o n the applica nt full\·
com plving with all provi sions of Citv ordina nces. rules and r egul ation and up on pavm ent of
a ll judgments a nd costs r e nd e red against the applicant for anv materi al violation of Citv
ordinances or state statutes that may be recovered against the a ppli cant by a nv pe rso n for
damages a rising out of a ny ne gligent or wrongful acts of the a ppli ca nt in the performance of
Work done pursuant to the P e rmit. The Ci ty may bring an action on the bond or lette r of
cr ed it on its own behalf or on beha lf of any perso n so aggrieved as be nefi ciary . The bon d or
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letter of credit must be approved by the Citv Manager as to form a nd as to the re sponsibihtv
of the s urety thereon prior to the issuance of the Pe rmi t . However the Citv m av waiv e th
r eq uirements of anv such bond or letter of credit or may permit the applicant to po st a bond
without suretv thereon upon finding that the applicant has financial stability and as$ets
located in the state to satisfy anv claim s intended to be protected against the securitv
r eq uired by this section.
Letter of Responsibility. A Jett.er of responsibility will be accepted in li e u of a performance
bond or letter of credit from all public utilities all franchised entities and all metropolita n
water and sanitation districts operating withm the Ci ty .
Pe rformance Bond Duration The perform a nce bond letter of credit or letter of re spons1 bil nv
s hall remain in force and effect for a minimum of two vears afte r comp letion a nd acc~~i;-
of the street cut excavation or lane closure.
11-7-10: PERFORMANCE WARRANTY/GUARANTEE:
~-Wa rranty. Any warranty made hereunder shall serve as securitv for the performance of
Work necessary to repair the public Right Of Way if the Pe rmittee fails to ma ke the
necessary repairs or to complete the Work unde r the Permit.
Guarantee. The Permittee by acceptance of the Permit. expressly wa rrants and guara ntee .
com pl ete performance of the Work in a manner acceptable to the City a nd warrants and
guarantees all Work done for a period of two years afte r the date of initial accepta nce and
agrees to maintain upon demand and to make all necessary rep a irs during the tw o ,·ea r
period. This warranty shall include all r e pairs and actions needed as a r esult of:
J,. Defects in Workm..aru.hii!.
~. Settling offills or excav.lillQ!l§.
g. Any unauthorized deviations from the ap prov ed plans and spec1ficat1on s.
~-Failure to barricade .
Failure to clean up during and after performance of the Work .
g. Any other violation of this Chapter or the ordinances of the City .
~-Period of Warranty . The two year warranty period shall run from the date of the City's
ini!il!lacceptance of the Work . If repairs are required during the two year warranty period .
those repairs need onlv be warranted until the end of the mitial two year period starting
wi t h the date of initial acceptance. It is not necessary that a new two year warrantv be
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provided for s ub sequent repairs afte r initial acceptan ce .
Repairs Unde r Warrantv. At anv time prior to co mple t io n of the tw o vea r warrant\" pen od .
t h e City maY n otify the P e rmit t ee in writing of a ny need e d r epai rs . Emergenc,· re p:urs shall
be completed within tw e nty-four (24) hours if the d efects a r e determined bv the C1tv t o be a n
imminent danger to the public hea lth safety and we lfare . No nemergenc,· r epai rs s ha ll be
compl et ed within thirtv (30) cale nd a r days a fter noti ce. If such defi cie ncies are not co rrec t ed
wi t hin the prescr ibe d ti me the Ci tv may m a ke such co rrections and the Pe r mitt ee s ha lui;i~
the actua l costs thereof plus a penalty of fiftv percent (5 0 %) of the amount the reo f.
11-7-11: INSPECTIONS:
The Citv s h a ll have t he ri g ht t o m a ke i ns pections at a nv time to re1ect a m· work or .ma t _n :i l~ "~ch
a r e defect.iv or do n ot on fo rm with t e re uire me nts of this Cod e the a rov d i i . ns
specifi ca tion s . Upon r evie w of the app li cation for a Pe rmit the Citv !\tanage r s ha ll d et rrn me hQ\\'
ma nv in spections. if any. m av be r eq uired . F or most P e rmits t he ins pecti on proce dur wi ll e nta il
the following:
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The Citv co nducts a pre-construction in spection t o d ete rmine a nv nece . ary co ndn 10 ns fo r
the Pe rmit .
The P e r mittee s ha ll notifv the City imm ediately a fte r work begins a nd the Citv s hall co nduct
periodic inspections as Work operation s a r e co mpl eted.
The Citv s hall inspect the co mpl eted Work wjthin twe ntv-one (21) d avs of Pe rmittee·s
r eq u est for initi a l acce ptance. Initi a l a cceptance will be given if a ll Work meet Citv and
P ermit standards .
Approximatelv thirtv (30) davs prior to the expi r a tion of the two -vear gu a r antee the Citv
s h a ll co nduct a final acce ptance inspection of the completed Work . If the Work is st ill
satis factory the bond or letter of cr edit sh all be r eturned or allowed to expir e with a lette r of
fin a l acceptan ce less a nv a mount needed t o co mpl ete Work not d one by P e rm it.t ee .
F or 'Nork that does no t involve material d i,t urb ance i n t he Rights of Way the City Manager s h II
waive t he final acceptance jnspectton and the performance bond/Jette r of credit.
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11-7-12 : PUBLIC SAFETY:
The Perm it.tee s h a ll maintai n a safe work a rea fr ee of safet.v h azard s. Th e Ci tv mav make a nv
r e pai r necessa r v t o elim i nate a nv safetv haza rd s not performe d as direct ed . An,· such \\"ork
per fo rm e d bv the City s h all be co mpl e ted and billed to the P e rmit.tee at o,·e rtim e r a t es. The
P ermittec sh a ll pav a ll s uch ch arges within thirtv (3 0) days of the stateme nt dat e. If the Pe rm m e~
fail s to p av s u ch ch arges within the prescribed time period t h e Citv mav. in addition to taki ng_m_)1er
coll ecti on r emedies seek r ei mburse me nt through the warrantv guarantee. Furthe rm or e t.h
P ermit.tee mav be barred fr om performing a nv Work in the Public Right of Wa v. a nd under no
circum tances will the Citv is s ue anv further P ermits of anv kind t o sa id Pe rmittee. until all
outstanding charges h ave bee n paid in full.
11-7-13: TIME OF COMPLETION:
All Wo rk cov e r ed by the Permit s h a ll be co mpl e ted bv the dat e st a t ed on th a ppli ca t io n . Penmts
s hall be void if Work has not commenced s ix months a fter issuance unl ess a n e xte nsio n has been
granted by the Citv Manager . Performance bond s letter s of cr ed it or letter of r es ponsibilttv
d e posi ted as a performance/warrantv guarantee for individual Permits will be returned a ft e r voiding
of th e Pe rmit with administrative a nd a nv other Citv cos t s d edu cted .
11 -7-14: TRAFFIC CONTROL :
Q· a tra ffi c co ntrol Ja n s h:i ll bP
xc Jt as r ov id d in !;;_.:\!. . 11 · 7-22
a nua l on lJ m form Traffic Co ntrol De vi ces or anv i,uccei,,o r
publ ication the r eto s h a ll be used as a guid e fo r all mainte nance and co n s trucu on s,g!lilllL
The Permit.tee s hall illustrate on the P e rm it the wa rning a nd co ntrol d ev1 ·s JOS d fo r
u se. At the di r ection of the City Manager such warning a nd co ntrol d en ce shall be
m.rulified. No Permit will be is s ued until the plan is ap proved by the Citv . The Pe rmmee
s hall use extra ca re so as to minimize di sruption to adjace nt propertv a nd drive s a nd t o
provide a ccess to parking a r eas while accompli s hing t h e Work . If a ccess t o pnvat pro per tv
must be bl ocked in order to accomplis h the Work . then the Pe rmit.tee s h a ll de velop a n ac ces~
maintenance plan in coo rdination with a nd based on a ll reasonab le r equire me nts of the
a ffected prope rtv ow n ers and tenants . and s ubmit it to the Citv. No Pe rmit.tee .hall bl oc k
access to a nd fr om sid estreets. a lle vs. ma inte na nce roads walkways driveways s id ewa lk
bikepaths. fire hydra nts fire station s fire escapes m ail boxes. dump sters. p a rked vehi cl es
water va lv es underground vaults . valve housing structures or any other vital eq uipment
unless the Permit.tee de mon strates to the City that h e/she ha s worked with the owne r or
occupant of the facility to minimize potential impacts .
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J:!. Street Closures. If a s treet closing is desired the Permittee will request the a s ,s t a nce am!
obtain the approval of the Citv . It s hall be the respon sibility of the Permjttee t o deYe l.QlU!
detour and signing plan provide advance warning signs to advise drivers of the street
closure and deliver notices to the a ffected properties a minimum of 48 ho urs pnor to arw
str eet closure. It shall be the r esponsibilitv of the P e rm1tt ee t o n otrfr a nd coo r dinat e all
Work in the public wav with police fire . amb ulance. other gove rnme ntal entmcs, and transn
~tions.
~-Flag P e rsons. Whe n n ece sary for public safety. the Pe rm ittee s h all e mpl ,. fb crsons
whose dutie s s hall be to control traffic around or thro ugh the co n s truct10n s u e . The us e of
Il a iersons m a be r e u1red bv the Citv Mana er .
~-Acceptable Hours of Construction. No construction s hall be pe rforme d that obstr-1!£!.,.':..QI
irru!edes the flow of traffic on arterial or co ll ector s tree ts on wee kda\"S during the h o urs of
7:00 a.m. to 9 :00 a.m . or 3:30 p .m. to 6:00 p .m . witho ut the app r ova l of the Crtv Ma naw.
except as provided in E.M.C. 11-7-22. No work will be performed in the Public Wa v that
involves activities that ge nerate noise leve ls that constitute a public nui sa n ce a s defin ed m
the noi se control provisions of E .M.C. betwee n the hours of 9 :00 p .m. and 6 :00 a.m. wnho ut
the approval of the Citv Manager except as provided in E.M .C. 11-7-22 .
~-Traffic Control Devices . Effective work area traffic control must be provided for all sllifil
construction and maintenance and utility and telecommunications w ork and mainte nance
in order to provide for the safety of the worke r s vehicular u sers a nd pedestrians . The tvpe
of traffic control should be selected based upon the type of roadwav traffic co nditions
duration of operation physical constraints a nd the proximity of the workspace to traffic .. i!]
traffic control devices and advance warning si gns used for work area traffic control s hall
conform to the applicable specifications in Part V1 of the Manual on Uniform Traffic Co nt rol
Devices. Traffic control deyjces a r e to be supp lied by the P e rmit.tee . If used at night thev
must be r e fl ectorized and must be illumrnated or have barrica de warning lights.
Prohibited Methods of lllumination. 011 flares or kerosene lante rns are not allowed as
means of illumination. Nighttime work area flood lighting shall not b e allowed to spill o ut of
the construction area in such a way as to di sturb. annoy, or endanger the comfort. h ealth or
peace of others.
Q. Maintenance and Construction Signing. The Contractor s hall be res ponsible for maintaining
all work area signing and barricading during construction operations as well as any si gns
and barricades that are needed to protect roadway users and pedestrians durjng non-w o rk
~uring non-work hours all construction work area sjgns that are not appropriate
s hall be removed covered or turned around so that they do not face traffic Any deficie n cie
noted by the City shall be corrected immediately by the Contractor If Contractor is not
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aYa!lab)e o r ca nnot be fou nd the Citv mav mak e such co rrec tion s a nd the Contr ac t or ~hall
pa\' the actual cos t s plus a penaltv of fiftv percent (5 0 %) of the amount ther eof.
Ji Routm '.\ aintena nc . Anv Permittee ma v underta ke ro uti ne m:untenanc o n x1,t1n
~ w1th ou ob t a inin traffic cont r ol Ian a ro,·al fr om the '1n· lJ'.QDQ_IJl fr
.!., ~o work occ urs on anv co ll ec t or or arterial stree t on a week dav dunn th e mornlllJL!'r
,. nm rus h h ours as defi ned b,· E .M.C. 11 -i-I~(D~
t Sa~ w rk r a traffi s i nin a nd barricadin is roYid e d m ac ord ance W!lh...!:'..ill;1 \ 1
of the l\fan ua l on llm fo rm Tra ffic Control Devices .
~. Th e routine mainten a n ce work does not involv e an\' mate ri a l di sturbance of am·
ublic \V a v Infrastru ture im r oYe me nts .
11-7-15 : GENERAL RIGHTS OF WAY ONSTRUCTION :
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Right OfWav Mee tin s. P erm1tt ee will mak r e:i ,o nable efforts to attend a nd a rt1 ci ate 1n
meetings of the C1tv of whi ch the Perm m e 1. m ade wa r r e a rdin ri ht of wm· issue;;
th a t may impact its Facj ht1 es, incl udmg plannmg mee tmgs t o anticipate 1oint trenchrng nn d
bori ng . P e rmi t t ees and fr a nchi sees s hall joint tre nch o r s ha r e bor es or cut s a nd coo r dma1
co n s truct 10n wh e never it 1s po ssible and r eason a blv practi ca bl e so as t o reduce so fa r n.
possible the numbe r of Right of Wav cuts wnhin the Citv a nd t he a m ount of time that
pedestnan and vehi cular traffic is obstruct ed or imped ed
l\lirum al Interference. The Citv Man age r s hall assign locations of Facilities in the Publi c
Right of \V ay . Work Ill the Right of Wav on other public propertv, near public propertv or
on o r n a r p riv ate prope rty s hall be done in a m a nner that causes the least inte r fe r e nce w1th
ihe ri gh ts a nd r easona bl e con ve ni ence of prope rty owne r s and r eside nts. P e rm1 ttee'§
Fac1ht1es s h a ll be co ns tructe ri and mai ntained m su ch manne r as not to inte rfe r e with
se we r s, water pipes or a nv other propertv of the Citv or with a nv other pip es wires,
co nduits, pedestals structures or other Facilities that mav h ave been la id in the Rights of
\\'av by , or under the Citv's authoritv. Five feet (5') minimum h orizontal clearance a nd
ei ghtee n-inch 08") minimum vertica l clearance shall be provided between Facilities and
wa t e r a nd sewer mains . If the min imum h orizontal and vertical clearances are not a dh e r ed
to then the Permittee assumes al! ri sk of damage and loss arisi ng out of failure t o co mpl v
with r eguired cl earances . The P ermittee's F ac ilities shall be located, e r ected a nd
mamtamed so as not to e nd anger or interfere with the live s of Perso n s, or to in terfere with
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new improvements the Citv may d eem proper to make. or to unnecessanlv hind er or ob-rruct
the fre e use of the Rights ofWav or oth er public property . and ~hall not unreasona blv
inter fere with travel bv the public and the use of public places during the co n struction .
maintenance and r epair ope ration or removal thereo f.
U nd e rground Co nstruction and Use of P oles.
Unless otherwise provided below . whe n r eq mred b,· ge neral or dinances r eso luuons .
r eg ulations or rules of the Citv or applicable state or fede r al law. Perm1tt ee's
Facilities shall be p)aced underground at no cost t o the Cm·. \\" a ll Facili ties a r e
inst.ailed underground at the time of Permittee·s co nstructi on or wh e n ~
Facilities are s ubse quently placed underground. all P erm 1ttee Faciht1 es sh a ll also be,
placed underground at no expense to the Citv unl es fundm is n rallv a,·ai labl ~
for s uch r elocation to all user s of the Rights of Wav . Placm g fa cilities und erground
does not preclude the use of ground-mounted app urte nances; howeve r . r ela t ed
eq uipment. such as pedestals must be placed in acco rd a nce wi th the City"s
applicabl e rules and code r equ irem ents.
~-In a r eas whe r e ex1st1ng Fa ctl1t1 es a r e aerial the Pe rmittee mav in stall aeria l
Facilities . For above gro und F acilities. the P ermitlee...§h a ll utthze exi sting poles
whereve r possible altho ugh under no circum stances 1s the Pe rmittce allowed t o
attach Faci htjes to ornam e nt.al pole s.
~-S ho uld the City desire to place its ow n Facilities in trenches or bore s opened bv the
Permit.tee the Perm1ttee s h all coo perate with the Cill:.!n anv co nstruction bv the
Permittee that involve s trenchjng or bormg pro,·1ded that the Ci tv has 1rst not1fi d
the Permittee in some manner that it is interested 111 s haring the trenches or bore
in the area where the Permittec"s constructio n is occu rrmg. The Permittee shall
allow the Citv to place its Facilities in the Permittee' trenches a nd bore s provtd fill
the City incurs any incremental increase in cost of the trenching and bormg. Shriuld
the Citv de s ire to install Ducts or Co nduit for the po .ible use of other en tities then
the Permittee shall allow the Citv to place these Facilities in the Pe rmittee·s
trenches and bores. provided the Ci ty s hares proportionallv in the cost of trenching
a nd boring. The City shall be responsible for m ai ntaining it.s r espective F ac ilities
buried in the P ermittee's trenches and bor es unde r this paragraph .
L se of Conduits bv the City . The Citv mav install or affix and maintain its ow n Facilities
for City purposes in or upon any and a)! of P ermittee's ducts. co nduits or equipment in the
rights of way and other public place s. at a charge to be negotiated between the p arties <but
in no event greater than the be st price charged by Permittee to any other user). to the extent
space therein or thereon 1s reasonably available and pursuant to all applicable ordinances
and co des. For the purposes of this subsection. "City purposes" includes. but is not limited
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to the use of the structures a nd installations for Cjty fire . poli ce traffic water t elep hone
a nd/or s ignal systems.
Co mmon Users .
The Right.s ofWav have a finite ca paci tv for co ntainmi.: Fa c1lit1 Therefo re
whe neve r the Citv determines it is impracti ca bl e to perm it co nstrucuo n of an
underground Conduit sys t e m by anv other e ntity whi ch may at the ume h ave
authoritv to con struct or maintai n Co nduits or Du ct s in the R1gh t.s of \\'av but
excludi ng entities providing services in competition wnh Pe rmi ttee a nd un less
otherwise prohibited by federal or state law or .rru:ulat10 ns t.he C 1t v ma,· require
Permittee to afford to s uch entity the right to u se P rmitt e's u lu s Du ts or
Co nduits in common with Permittee pursuant to the te rm a nd ond1ti on s of an
agreement for use of Surplus Du cts or Co nduits enter ed mto b,· Pe rm1tt e nd th e
other e ntity . Nothing her ein shall r equire Permittee to e nter mto an a gre me 1 wit h
such e ntjtv if in Pe rmittee·s reasonable determination . s uch a n a gree ment could
i;Q10llrom1 se the integrity of the Pe rmittee"s Faci lities .
~-Permittee shall gi ve a co mmon user pursuant to this Section a minimum of one
hundred twe nty {120) davs noti ce of its need to occupv a Co ndui t a nd shall propo. e
that the common user t a ke the fir st fea si ble action as follow s:
Pav revised Co nduit r ent desi gned to r eco ver the cost of retr ofitting the
Conduit with space-savi ng technology s uffi cie nt to meet Perm 1ttee's s pa ce
~.li;
Pay revised Co nduit r ent based on the cost of new Cond uit co ns tructed t o
mee t Permit~ace needs;
Vacate the n ee ded Ducts or Conduit; or
Construct and maintai n s uffi cie nt new Co nduit to meet Pe rmittee's s pace
needs.
Wh e n two or mor e co mmon u ers occ upv a ectio n of Co nduit F aci litv. the la st use r
to occ upy the Conduit Facility shall be the first to vacate or construct n ew Co ndui t .
Whe n Co nduit r ent is revi se d beca use of retrofitting. space-saving tec hnology or
construction of new Conduit. all co mmon u se rs shall bear the increased cost .
All Facilities shall meet a ny applica bl e loca l State. and federal clearance and other
safety requirements, be adequately grounded and anchored and meet the prov1s1on s
of co ntracts executed between Permittee and the other common user. Permittee
ma y. at its option correct any attachment deficiencies and char2e the co mm on use r
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for its costs. Each commo n user s hall pav Permittee for anv fines. fees. d a mages or
other costs the co mmon user s attachments ca use Permittee to incur.
11-7-16: COORDINATION OF EXCAVATIONS: JOINT PLANNING AND
CONSTRUCTION:
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Red uction of Di sruption and Inte r ference. Exca\'ations in Citv Rights of Wa\' di srupt and
interfere with the public u se of Citv streets and damage the pavement a nd land scaping.
The purpose of this Sect 10 n is to reduce this disruption inte rference a nd damage b,·
promoting better coordination amo ng Pe rmittees making excavations in Citv Rights of \\":i,·
and betwee n these Permittees and the Citv. Better coo rdination will a ssist in minim izing
the number of excavations being made wherever fea s ible. a nd will ens ure the e xca\'ations 111
Citv Rights of Wav are to the maximum exte nt possible . perform ed befor e. r ath er thnn
after. the res urfacing of the streets by the Citv.
Excavation Master Plan . Any Permittee owning ope r ating or in stall in facili t ies m Ci t,·
Rights of Way providing water. sewer gas electric commumcauon. vid eo or othe r utiht \'
servi ces s h a ll meet a nnually with the City Manager at the C1tv '.\fan a
discuss Permittee"s excavation master plan. At s uch meeting t o the ex t e nt not a lread \' m
possession of the Citv Permittee s ha ll s ubmit docum e nta ti on. in a fo rm required b\' the C1 ,.
!\·tanager showing a location of the Permittee's existing faciliti es in the CJ!\· Right . of \V a,·.
Permittee shall discuss with the City Manager its excavation master plan, and id entify
planned major excavation Work in the City . The City Manager may make hi s own r eco rd on
a map drawing or other documentation of each Permittee·s planned ma1or e xcavauon Work
P erm1ttee s hall meet with the City Manager t o discuss a n initial exca ,·at1 on ma st r Ian no
late r than sixtv (60) days after s ubmitting its fir st Pe rmit apphc::iuo n . Th er eaft e r each
Pe rmittee s hall s ubmit annually on the fLr st r egular business d ay of Januar.·. a revi se d and
updated excavation master plan. As used in this s ub section. the t erm '"planne d ma 19 r
e xcavation Work" refers to any future excavations planned bv the Permi ttee when the
excavation master plan or update is s ubmitted that will affect any City Right of Wav fo r
more than five {5) davs provided that the Permittee s hall not be required to identifv future
maj or excavations planned to occu r mor e than two (2) vears after th e date tha t the
Permittee's ma ster plan or update is discussed . Betwe en the a nnual mee tings to dis cuss
planned maj or excavation Work Permittee shall u se its bests efforts t o inform the Citv
Manager of anv substantial changes in the planned major e xcavation Work di scussed a t th e
annual meetmg.
Repaving Plan. The City Manager s hall prepare a Repaving Plan showing the street
r esurfacing planned by the Citv . For purposes of this Section the Repaving Plan shall
mc!ude a landscaping or other Right of Wav improvement plan. The Repaving Plan s hall be
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revised and updated on an annual ba sis after meeting to di sc uss the Pe rm ittee·sJ!!l.l!..1lli:
Citv's master plans and updates. The City Manager shall make the City 's Repaving Pl an
available for public inspection. In addition after determining the str ee t r es urfacing Work
that is proposed for each vear the Citv !\•tanager shall send a notice of the proposed Work tg
all P ermittees that have h ad an annual meeting with the City Manager .
Coo rdina ti on with Repaving Plan. Prior to applving for a Permit anv Perso n planning to
excavate in the City's Rights ofWav shall r eview the Citv's Re pavmg Plan on fil e wi th the
~ Manager and shall coordinate t o the extent practica bl e with the utilit\' and s treet
Work sh own on s uch plans to minimize da mage t o, and avo id u nd ue d1srup11 0 1 d
m,terference with the public u se of such Rights of Wav .
Locating Facilities. In performing locates of Faci htie in t h e Public Right s of \~
~eparation for construc tion under a Permit, Perm1ttee s ha ll co mpile a ll m fo rm atton
obtained regarding its or any other fa cilities in the public r ights of wav related to a
particular Permit. and sh all make that information availabl.~ Ci t\' m a written arll!
verified format pursuant to written City poli cv .
!;;-Documentatio n of Location of Permittee's Fac iliti es. Prior t o underta king a n\' Work m the
Rights of Way the Citv mav notify all Pe rmittees of the Citv Work t o be per fo rmed . l'pon
~uch notification, all Permittees s h all within seve n (7) day s loca te their Fac ilmes m th_g
Rights ofWav in which the Work will be performed, and provide docum e nta t ion m a fom
pursuant to written City policv of the Pe rmittee's Facilities in that Right of \V av . lfthe
Permittee fails to provide the locate information requested by the Citv the C11v ma" obtain
this informatio n a nd charge the Pe rmittee the actual costs fo r obtai ning the info mation .
__ 7: MINIMIZING THE IMPACTS OF WORK IN THE RIGHTS OF WAY:
:\. Notification Associa ti on . Before pl acing a ny Facilities in the Ci tv Rig ht ofW av all enm1 es
shall beco me a member of the Utility Notifi ca tion Ce nter of Co lorado <UNCC), and "hall
co mply with all reaujrements provided in C.R .S . §9-1.5 et sea . In addit10n a ll e ntiti es are
r espon sible for making inquiries of all di tch co mpanies, utility co mp a ni es, di strict s, local
gove rnment, and a ll othe r agencies that might have faciliti es in the area of\\ ork to
determine possible co nfli cts .
~-Fi e ld Locates. The Permittee s h a ll contact the l'NCC a nd r eq ues t field locatio ns of all
facilities in the area purs uant to UNCC r eq uir eme nts . Fi eld lo ca tions shall be m a rk ed onor
!Q.commenci ng Work. The Permittee shall supp ort and protect a ll pipes conduits poles
wires or other apparatus which may be a ffected by the Work from damage during
co nstruction or settlement of trenches sub se auent to co nstruction .
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nei ghboring propertv . In the pe r fo rm a nce of the Work t he Pe rm mee s haU ta ke app roprnne
measures to r e duce n oise dust and unsi ghth· deb ri s. ~o Wo rk shall be d on between the
hours of 9 :00 p .m . and 6 :00 a.m .. exce pt with t he wntt.en perm1 ss1on of the C1t\' ;\l ana gPr or
und e rt ke r outine m intenance on ut o btainm writte n e rmi ss1on of
the C1tv Ma nager providin~:
1· Trul r outine m a intenance wo rk does not in ,·olve a n\' m ate ri a l di s turba nce of a iw
Public Wa nfrastructure improveme nts .
~-The routine m a intena nce work doe not 111voh·e a ny activi ties tha t ge nerat e nmse
leve ls that constitute a public nui sance as d efin ed in the noise co ntrol pro,·is1 ons of
the Municipal Code .
Q. Tras h and Construction Ma t er ials. E ac h Pe rmi ttee. h all ma intain the Wo rk s it e so that:
1· Tras h a nd construction mate ri als are co nta ined s o th at t h ev a re not bl own off of t_he
co nstruction s ite.
~-Trash is r e moved fr om a co n structi on . ite oft n eno u h so tha t it d oes n ot be come a
h ealth. fire or s afetv hazard .
g. Trash dumpsters and stor a ge or co nstructi on traile r s a re not la ced m t he tr et
without specific approval of the Citv ;\1anager .
&· De posit of Dirt a nd Mate rial on Roa dw avs . Each Pe rm1tt ee s hall uu!Jze the ir best efforts t o
elimin ate the tracking of mud or d ebris up on a nv street or s id ewa lk . Stree ts a nd sidewalks
sh a ll be cleaned of mud a nd deb ri s a t th e e nd of each day . All eq uipm e nt a nd truck
tracking mud a nd d e bris into the Right of Wav sha ll be clea n ed of mud a nd deb ri s at t he
end of each dav or a s directed by the City Manager
Q .
Prot ectio n of Trees a nd Landsca ping. Ea ch Pe rmittee sh a ll use thei r best e fforts t o protect
trees land sca pe. and landscape feature s as required bv the Cjtv. All protective measures
sh all be provi ded at the expense of the Permitt ee . If Permittee causes d a m a ge to trees a nd
oth e r landscape features. then the P e rmittee s hall be r e pon s ibl e fo r r epairs a nd depe nding
~po n the extent of damage the r e place ment of t he land scape jmp ro Ye me nt s.
Prot ection of P aYed Surfaces from Equipment Da ma ge Bac khoe equipment outrigge r s s hall
be fitted with rubbe r pads whenever outriggers are place d on any paved s urface. Trac ked
vehicles that will damage pavement s urfaces are not permitte d on paved s urfaces unl es
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specific precautions are taken to protect the surface . The P ermittee will be responsib le for
filW da mage ca u sed to the pavement bv the operation of s uch eq uipm ent and. s hall r e pair
s uch s urfaces. Failure to do so will r es ult in the use of the applicant's performance/warrant,·
gu a r a ntee by the City to rep a ir a nv damage. and. possibh· the r equi r ement of additional
warrantee(s).
!j. Protection of Property. Each Permittee s hall prese rve private a nd public propertv a nd
protect it fr om damage. The Permittee sh a ll at its own exp e n se. s hor e up a nd protec t all
buildings walls fences or other property like lv to be dam aged during the Work and s hall b
r espon s ible for all damage to public or private propertv resulting from failure to properlv
protect and ca rry out Work in the Public \Va v.
J. Sanitary Facilitie s. E ac h Permittee s hall provide necessa ry sanitarv facilities fo r work . ,.
4. Clean Up. A the Work progresses. all Public Righ t s of Way a nd pri vate p r opertv shall be
thor o ughlv cleaned of all ga s a nd oil s pills. rubbis h . excess dirt rock and other d ebris. All
dean up oper a tion s s hall be do ne at the exp e nse of the Permittee.
~-Preserva tion of Monuments. A Permittee s h a ll not di sturb or move a nv la nd monum ents
propertv marks or s urvev hubs a nd poi nts that mav interfere or be imp acted bv the
proposed Work until their location has been witnessed or r efe r e nced in accordance wi th
standard survey practices or unless approval is obtai ned from the Citv Manager. Any
monuments hubs and points di sturbed will be replace d by a Co lorado Register ed Land
Surveyor at the Permittee's expense.
k· Co nstruction Vehicle Parking. Each Pe rmittee s hali m ake provisions fo r e mpl ovee and
co n struction vehicle parking so that neighborhood a nd busmess parking adjace n t t o a \\'ark
site is not impacted.
M-_Maintaining Safe Walkways. Each Pcrmjttee s hall maintain uat.e and af
unobstructe d wa lkway around a co n structio n site 11-3-3 . I n cases whe r e the s idewalk must
be blocked and pedestrian traffic must be routed around the work area t he Perm1tte e s hall
provide adequate barricading and d etour si gning to prot ect a nd ser ve t he pedestri ans . On ce
a Permittee has occupied the Public \Vav it shall be the Perm1ttee's re,pon ib 1litv to cl ea r
all s now and ice hazards from public si dewalks at the Work site following a nowfall m
mfurm.anc.e with E .M.C. 11-3-2 .
ll:.7-t : STANDARDS FOR REPAIRS AND RESTORATION:
Owner Respon sibility . Whenever the City Manager or desi rm ee determmes that a ny
s idewalk curb or gutter s hould bl) co nstructed or repaired 1t s ha ll cause nouce in writ i ng t o
make s uch construction or repair withm thirtv {30) days to be served upon the ow.nei:..or
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agent in charge of the premises alo ng si de thereof as provided in Section 1-10-1 of this Corl e.
If s uch co nstruction or repair s ar e not ma de by the owner within thirtv (3 0) days after
se r vice of the noti ce the City Manager or des ignee may order s uch co nstruction or r e air. to
be ma de bv the Citv a nd t h e exp e nses co nnected there with shall be a li e n up on the pr opert,·
a long side s uch si dewalk until the cost t her eof is fullv pai d . Wh e n s uch co nstru ction or
r e pa irs a r e made by the City. the cost t he r eo f shall be assessed bv t he Citv upo n the
propertv fronting upon the fa me. and if the assessment is not paid within thirt ,· (30) da \"s
thereafter the City shall ce rtify s uch assessment to the County Treasure r wh o s hall pla ce
the same upon the tax li st for the current vear to be co lle ct ed in the sam ma ner as othe r
taxes a re co ll ec t ed with ten perce n t (10 %) penalty the reo n to cl efr av the cost of coll ect ion.
Permittee R~spon sibility . The Pe rm ittee sh a ll be fullv respon s ibl e fo r the cost and act u al
performance of all Work in t he public way . The costs associated with co mp action te,ung
s h a ll be borne by the app li ca nt . The Permitt.ee sh a ll do a ll Work in confo rm ance with the
approved plans, a ny a nd all engjnee r ing r egul ations co ns tructions eci fi cati ons a ncl design
stancl a rd s a dopted bv the Ci ty These standa rds s ha ll apply to all Work in the publi c wav
unless otherwise indi ca ted m the Permit.
Restoration of Work Sne Co nditio n . All r est or ation s h a ll re s ult in a Work s1t.e co ndn10n
eg u a l t o or better than that whi ch existed pri or to co n structi on . In ad dition to t he
r egul a tion s s peqfi cauons a nd standards referred to in subsection (A) the follo w111
provi sio ns s hall app ly to Work in the public rights of wav of the City.
!-Paveme nt cuts s hall be fill ed with co mpacted select material. Either co ncr ete or
asp halt patches will be place d to match the exi s t ing street cross sec ti on . Select
materia l s h a ll include select fill stone (C DOT 26 or 57) or co ntroll ed densitv
(flowable) fill.
~-The new asp ha lt will be place d bv Citv cr e ws unless specia l circum sta nces r aised b,·
Citv Sta ff or the Permittee justifv the Pe rm ittee co ntracti ng with a reputable pa\"111g
firm to complete this work to City standard .
Co ncrete meeting all construction s tandards of the City s hall be u sed to replace
co ncrete pavement whereve r it occurs .
Flowable fill backfill material sati sfying design and co n struction st a nd a rd s a dopted
the City s hall be used to r estore all trenches that have bee n exca vated in t he paved
portion of any public street or a ll ey When co ntrolled density fill type material 1s
used steel plate will be placed to co ver the openmg for the time required to allow the
material to set or until asphalt patching js comp leted . The applicant may utilize
granular backfill material in lieu of fl ow able fill backfi)l material provided that all of
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the following conditions are satisfied .
~-Prior to the issuance of a Permit for construction excavation . or Work
a ctivitv m the public Right OfWav the applicant must requ est a nd r ecei ve
approval for the u·se of granular backfill material.
~. The type gradation place ment. compaction and testing of th gra nular
backfill material shall meet or exceed all requirements s pe cifi ed in de s ign
and construction standards adopted the Citv . The co st s a ~soc ia t ed w11h
compaction testing shall be borne by the applicant.
~-Once the compacted backfill has been placed. an asphalt cutback shall be
made. The cutback will extend 6 inches minimum on each sid e of the
opening and will be over undisturbed pavement mat erial {1-1/2 inch dee p
minimum). All edges of the opening shall be neatly cut with an a s phalt a w
at 90 degrees to the roadwav and uniformlv tacked.
11-7-19: CONSTRUCTION AND RESTORATION STANDARDS FOR NEWLY
CONSTRUCTED OR OVERLAYED STREETS:
No per son shall cause an open trench excavation or potholing of utilities in the pavem e nt of a nv
Public Right of Way for a period of two vears from the completi on of construction or re s urfacing
except in compliance with the provisions of this S e ct10n .
~ Permit Application. Any application for a Permit to Excavate in a Public Right ofW a v
subject to the requirements of this section shall contain the following information :
J}.
Jc . A detailed and dimensional enl{lneering plan that identifies and a cc uratelv
represents the City Rights of Way or property that wjll be impacted by the propo,ed
excavation as weB as adjacent streets and the method of construction .
~-The street width or alley width including curb and gutter over the total length of
each Citv block that will be impacted by the proposed excavation .
The location. width. length. and depth of the proposed excavation .
l The total area of existing street or allev pavement in each individual Citv bl oc k that
will be impacted by the proposed excavation.
g. A written statement addressing the criteria for approval.
Criteria for Approval. No Permit for excavation in the Rjght of Way of new streets shall be
approved unless the City Manager finds that all of the following criteria have been met :
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Jc. Boring or jac king w ithout disturbing the p aveme nt is not practical due t o ph,·s1cal
ch a r acteri stics of the street or a ll ey or othe r utilitv co nflicts .
~-Alte rn ative utility a lignm ents tha.lJ!.Q_ngt involve excavating the s treet or allev are
fo und to be impracticable.
~-The proposed e xcavation ca nnot reasonabh-be debved until aft.e r the t wo vear
deferment pe riod has lapsed .
Q. Ex e mptions for Emerge ncv Operations. Emergencv mainte nance ope ratio ns s h a ll be lim ited
to ci r cum stances involving the preservation of life propertv or the restor ation of cust ome r
se r vice. Persons with prior a uthorizat ion fr om the Cttv t o perform e merg e ncy mamtenance
o r a ion s within th Public Ri hts of \V av sha ll be exem t ed fr om t hi s ctt on . Anv P r ,on
co mme n ci ng ope ration s under the l aws of this Sect10n s hall s ubmit det ailed e ngmee nng
plans co n ~on me thods a nd r e mediation plans no la t e r than th re e workm davs aft e r
initiating the Em erge ncy maintena nce ope ration .
~-on struction and • t ran n Standard s~ r :,i ewl v Co nstructed or Ov erlaqid. tre ts and
Allev . The streets shall be r estor ed a nd r epaired m acco rd ance with de.1gn and
co n s t ruct.10 11 s tandard s adopted the Cit ,· and guaranteed in accor da nce w11h F;.:'-. 11-,-10
reque t ed in o rd er to pro,;de services to a part of the Citv wh e r e n o se rnce would be
l!Y<!.tl ble without co n s truction . If a non-emerge n cv exempt.i on is granted t o disturb a Pub h,
Way within t h e tw o {2) vea r period t he Ci t v Ma n a ger may in ht ol dis r 110 11 1m os e
a dditi ona l r eHor a tion require ments in cluding but n ot necessa rily limited to r ot -mtlhn
a nd repaving of a la rger a r ea s uch as an entire block m whic h the co ns truct10n occ urs.
11-7-20: RELOCATION OF FACILITIES:
If at a ny time the C itv r eq uest s the Perm it.tee t o r eloca t e is Faci lities. in ord er to a ll ow the Citv to
make a nv pub lic use of Righ ts of \V av or if at a nv time it sh a ll beco me necessarv because of a
~ge in the grade or fo r a ny oth e r purpose by r eason of the improvi ng. repa iring co n s truct ing or
mamtaming of anv Rights o f Wav or reaso n of traffic co nditions public safetv or bv r eason of
installat ion of anv type of struct ure or public improvement bv the City or other publi c a gency or
special di trict. a nd a ny ge ne ral program for the undergrounding of such facilitie s. to move or change
the P e rmi ttee's Facilities within or a dja ce nt t o the Rights of Way in a ny manne r either temporanh·
or perm anent)\· the City shall notify the P ermittee. at least nine ty ( 90) days in advance ex ce pt m
the ca .e of emerg e nges of the City"s intention to perform or h ave uch Work pe r fo rm ed. Th e
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P e rmittee s hall thereupon at no cost to the City accomplish the necessary relocation. re mova l or
c h a nge within a reasonable time from the date of the notification but in no e vent la t er tha n three
(3 ) working days prior to the date the Citv has notified the P e rmittee tha t it intends to co mm e nce
its Work or immediately in the case of Emergencies . Upon the Permittee"s failure t o acco mpli s h s uch
Wo rk . the Citv or other public agencies or special district may perform s u ch Work a t the Pe rmmee ·~
expe n s e and the Permittee shall reimburse the Citv or othe r agencv within thirtv (3 0) d a vs afte r
r eceipt of a written invoice. Following relocation all affected prope rty s hall be re,tored t o at a
minimum , the condition which existed prior to construction the Pe rmntee a t the Pe rm,ttee "s
expe n s e . Notwithstanding the requirements of the Section. a Pe rm itte e m av r egue. t a d d1 t10nal
tim e to complete a relocation project. The City Manager s hall grant a r e a son a bl e e xte n s ion 1f jn h 1!'
s ole di s cretion the extension will not adverselv affect the Citv projec t .
11-7-21: ABANDONMENT AND REMOVAL OF FACILITIES:
fl. Notifi cation of Abando ned Facilities . Anv P e rmittee th a t inte nd s to di sc ontinue u se of a,w
Facilities within the Pubhc Rights of W av shall notifv the C,tv Mana ge r in writing of t h e
intent to di sco ntinue use. Such notice s hall include the foll owing:
1-AJkill.mtiQ.n of the Facilities for which the u s e is to be di s continue d .
~-A descnption of all known hazardous materials contained or u se d in the Facihties .
g. A propo sed date for discontinuance of use . Said date s hall not be less tha n th1rt1
(30) davs fr om the date s uch notice is s ubmitte d to the Citv Manage r .
;!-The proposed method of abandonment or remova l and res toration.
The Permittee may not remove destroy or permanently di able anv s uch Faciliti es during
said thirty (30) day period without wnt.te n a pproval of the Citv Manager but mav co ntinue
to perform maintenance on the Facilities . The City Manager s hall re..,iew the abandonm e nt
notice within thirty (30) davs to de t e rmine wheth e r F acilities and Co nduits can a nd s h ou ld
be k e pt available for future u se r s or 1f not t he prop osed method of aba nd onm e nt or
r e moval and res toration .
Re moval of Abandone d Facilities. If it is d et e rmine d that the Facilities should b e r e move d
the n the Permittee shall s ubmit a P e rmit a ppli cal!on to allow con s truction. e xc a vatio n a n d
or Work in th e Public Right of Wav a nd the Pe rmittee s h a ll be subject to all a pplica ble fe es
a nd re quirements of thi s Chapter. The Pe rmittee shall be required to remove and di s p o e of
s uch Fac1litjes a s set forth in the Permit. and s hall co mplete such removal and d is posal
within s ix (6 ) m onths from the date of the initia l notice of intent to abandon . unless
a dditio nal time is r e quest ed from the a pproved by the City Ma nage r .
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~-Aba nd onm e nt of Facilities in Place. At the di sc r etion of the Citv. and up on writte n noti ce
fr om t he City Manager the Permittee mav either:
!· Abandon the Facilities in place a nd shall further co nvev full title a nd owners hip of
s u ch a bandoned Facilities to the Citv . The co nsi der a ti on for the co m·eva nce is the
City 's permi ssio n to aba ndon the Facilities in pl ace . The Permmee is r es ponsibl
for all obhgatjon s as owner of the Facilities. or o~ilities assoc iated the rewith .
until the co nveyance to the Citv is co mple ted .
~-Abandon the Facilities in place. but the Permittee still r etains the res pons ibil m:.for
alJ ob ligations as owner of the Facilities or other li abi litie s as ociated t he r with .
11-7-22: EMERGENCY PROCEDURES:
A. Emerge ncy Re pairs. Any person m a inta ining Facilities in the Publi c \\"av mav procee d w1th
repair upon existing Facilities without a Permit whe n e merge ncv circum s t a nces demand
that the Work be done immediately . If the emergency re pairs inv olv e di sturbing anv Publi c
Right of \V a v improvements then the person doing the Work s h a ll ap ply t o the City fo r a
P ermit on or before the third {3"') working day a fte r s uch Work has co mm e nced. All
Emerge ncy Work that involves material di sturba nce of anv Public Righ ts of Wav
improvements . or any Emergency Work that will reauire that the a cc eptable hours of
ca ns t.ruction as provid ed in the E .M.C . rel at.ing to noise or traffic to be viol a ted will req uire
prior telephone notifica tion to the Public Works De partment at the City .
~-Notifications. If a ny damage occ urs to a n underground Facility or its protective cove ring ~
Co ntractor s hall notify the F acilities operator promptly . Wh e n the Facilities oper ator
r ecei ves a damage notice the Facihties operator s hall promptlv di spatch pe r so nnel to t he
damage area to investigate . If the dam a ge r es u lts in the esca pe of a ny inflamma ble, toxi c
or corrosive gas or liquid or endangers hfe health or property. the Co ntractor r espons ib le
shall immediately notify the Facilities operator a n d 911 and take immediate action to
protect the publjc a nd nearby properties .
11-7-23: REVOCATION OF PERMITS AND STOP WORK ORDERS:
Permit Revoc a tion or Suspension . Any Permit may be revoked or s u spe nd ed by the Citv
Manager. after written notice to the Permittee for :
Jc. Violation of any co ndition of the Pe rm it or of any provision of this Chapter .
Violation of a nv prov ision of a nv other ordi nance of the City or s ta t e la w r elat in g to
the Work .
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Existence of any condition or performance of any act which the City determines
co nstitutes or causes a condition endangering life or damage to propertv.
~-Stop Work Orders. A Stop Work Order mav be issued bv the City Manager to am, perso n or
persons doing or ca using anv Work to be done in the Public Wav for:
!· Working without a Permit. except for routine maintenance or emerg enc,· repa ir .. to
existing Facilities as provided for in this Chapter.
~-Doing work in violation of any provision of this Chapter or anv other ordinance of th
City. or state law relating to the work .
Performing any act, which City determines. constitutes or causes a co ndit ion that
either endangers life or property .
Effective Immediately . Stop Work Order issued by the City Manager. s hall take effec t
immediately upon notice to the Perso n performing Work in the Public Way or to the
Permittee's last known address. Upon receipt of the Stop Work Order all work is to cease
except for those activities that are necessarv to make the work area safe or to e nd the
disruption t o traffic or to protect people or property. or if approved bv the Citv Manager to
cure the violation or conditions that caused the Stop Work Order.
R-Appealing a Suspension Revocation. or Stop Work Order. Anv s us pe ns ion or r evoca ti on or
Stop Work Order may be appealed by the Permittee to the City Board of Adjustment a nd
Appeals by filing a written notice of appeal within thirty (30) days of the action.
11-7-24 : SUSPENSION OR REVOCATION OF CONTRACTOR'S LICENSES:
Causes for Suspension or Revocation ofa Contractor's License . The C ity Manager mav
s uspend or revoke a license when the li ce n see commits one or more of the following acts or
omissions:
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Failure to comply with the r espons ibilities as outlined in the Chapter or with the
provisions in the Englewood Enginee ring Regulations and Co n struct io n Standards .
Conspires with any person to permit a license to be used by another person .
Wj))fully violates or disregards any of the provisions of the Code.
Workers exhibit a disregard for safetv and therefore work being performed r es ults in
unsafe conditions .
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Unsatisfactory Work resulting from inadequate skills or ca relessness in the
judgement of the City Manager.
g. Failure to obey orders in a timely fashion .
1-E.i!.il.Yre. to obey a stop work order.
~-License Suspension or Revocation Procedure . When any of the acts or omissions outlined
above are committed by a license holder and the City Manager deems that the li cense s hall
be suspended or revoked the City shall notify the licensee in writing by certified mail or
personal seryjce . Upon receipt of the notice. the licensee mav request in writing a hea ring to
show cause why the license should not be suspended or revoked . If a hearing is r eg uesteg
bv the licensee the City Manager shall set a time. date and place. and so notifv the hc en,ee .
The s us pe nsion or revocation shall be stayed until after the hearing. When a hea ring 1s
conducted. the licensee the Public Works Department and all interes te d parties may
attend . Upon co mpletion of the hearing. the City Manager s hall t a ke a ll ev1dence availabl e
as a result of the Public Works Department investigation and all evidence prese nted at th e
hearing under advise ment and shall notify the licensee in writing of the finding s a nd
deci sion including length of s uspension or revocation if any bv certified mail or per so nal
service. The time of a s u s pens ion may be up to one year. The time of r evocation may be up
to five (5) years.
g-Appeal Rights Any perso n. who disputes a license suspension or revocation. mav appenl
the decision to the City Board of Adjustment and Appeals by filing a written not ice of
appeal. The revocation or s uspension is not stayed while the City Board of Adju t me nt and
Appeals hearing is pending
Section 6 . Safety Clauses The City Council , hereby finds , determines, and decla r es th at thi s
Ordinance is promulgated under the general police power of the City of Englewood , that it 1s
promulgated for the health, safety, and welfare of the public, and that this Ordinance 1s necessa ry fo r
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 legi slative obj ect
so ught to be obtained.
Section 7. Severability If any clause , sentence, paragraph, or part of this Ordinance or the
a pplication thereof to any person or circumstances shall for any rea so n be adjudged by a co urt of
competent jurisdiction invalid, such judgment shall not affect impair or invalidate the r emainder of t hi s
Ordinance or its application to other persons or circumstances .
Section 8 Inconsistent Ordinances All other Ordinances or portions thereof inconsi ste nt or
co nflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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~-Effect of repeal or modjfication 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 b een
incurred under such provision, and each provision shall be treated and held as still remaining in forc e
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 he rendered, entered, or made in such actions, suits, proceedings , or
prosecutions.
Sectjon 10 . &nalll-The Penalty Provision of E .M.C. Section 1-4·1 shall apply to each and every
violation of this Ordinance.
Introduced, read in full, amended and passed on first reading on the 15th day of May, 2000 .
Published as a Bill for an Ordinance on the 19th day of May , 2000.
A Public Hearing was held on June 5, 2000.
Introduced as amended , read in full and passed as amended on the 16th day of October, 2000.
Published as an amended Bill for an Ordinance on the 20th day of October, 2000.
ATTEST: Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above
and foregoing is a true copy of an amended Bill for an Ordinance, introduced, read in full , and p assed
as amended on the 16.., day of October, 2000.
Loucrishia A . Ellis
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2000
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE AUTHORIZING AN AGREEMENT TO EXCHANGE REAL ESTATE
BETWEEN POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON L .L .C. AND
THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, POAG and McEwen Lifestyl e Ce nters-Littleton L.L.C . plans to develop
the real estate parcel in an a rea bis ected by the City Ditch ; and
WHEREAS , POAG and McEwen Lifestyle enters-Littleton has proposed an
exchange of real estate to allow the r elocation of the City Ditch as a part of the
planned development; and
WHEREAS, POAG and McEwen Lifestyle Ce nter -Littleton will pipe the City Ditch
through this area at its own cost; and
WHEREAS, the Englewood Water a nd Sewer Board r ecommended approval of the
real estate exchange at the October 10, 2000 meeting;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. An Agreement for the exchange of real estate by Quit Claim deeds is
hereby accepted and approved by the Englewood City Council . The Agreement with a
copy of said maps showing the properties to be exchanged are attached hereto as
"Exhibit A" and incorporated herein by reference .
Section 2. The Mayor and City Cl erk are hereby authorized to sign and attest,
respectively, the said documents for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full , a nd passed on first reading on the 16th day of October,
2000 .
Published as a Bill for an Ordinance on the 20th day of October, 2000.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A . Ellis . City Cl e rk
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Date
October 16, 2000
INmATEDBY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item Subject
11 a ix
License Agreement ,
Construction Agreement and
Quit Claims for Exchange of
Real Estate for the City Ditch
and Aspen Grove/Newton Trust
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommends Council approval of the Grant of Construction
Easement , License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for
the Englewood City Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers , LLC for a
Business Improvement District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Poag & McEwen Lifestyle Centers requested a License Agreement, Grant of Construction
Easement and Quit Claim Deeds for an exchange of real estate for the purpose of constructing a 60"
RCP City Ditch pipe in the new development to be called Aspen Grove. This will be a retail
development that will be part of the Poag & McEwen chain . The development will be located at
approximately 7100 S. Santa Fe Drive on the west side .
Upon review, the Englewood Utilities Department is requiring the Poag & McEwen to install
approximately 600 lineal feet of 60" RCP pipe and that will attach to the 54" pipe previously approved
for the Newton Trust portion of the project. The Quit Claim Deeds for the exchange of real estate are
is to realign the right-of-way to allow for the newly installed City Ditch to allow the owners to maximize
the usage of the lot and accommodate a proposed building.
In the Construction Agreement, Englewood agrees to permit Poag & McEwen to install the 60" RCP
and at the same time store pipe , equipment and fill dirt on Englewood 's right-of-way in described
easement. Poag & McEwen will erect a temporary security fence around the storage site to maintain
security.
FINANCIAL IMPACT
None.
UST OF ATTACHMENTS
(3) Bills for Ordinance
Grant of Construction Easement , License Agreement and Quit Claim Deeds for an Exchange of Real
Estate with Poag & McEwin Lifestyle Centers
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I , Loucrishia A . Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoin g is a true co py of a Bill for a n Ordinance, introduced, read
in full , and passed on firs t r eading on the 16th day of Oc to ber, 2000.
Loucrishia A. Ellis
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PROPERTY EXCHANGE AGREEMENT
Thi~ Property Exclumge Agreement fthe "Asnement") is eniered i:110 this _ day of
_ • 2000 by and ~cen the City ofF.nglewood, Colorado, a municipal corporation ofthc
State of Colorado l"EraaJewnod"J, and Poag &. Mcewen Lifestyle Centers -• Liuleton, LLC , a
Delaware limited liability company, it~ succci1sors and assign5 ["P&M"J .
WHEREAS, P&M and Newton Trust have entered into that certain Agreement 10 lluy and
Sell Real Estate dated November 17 , 1999, as amended hy that certain Amendment 10 Agrccmcnl
to Ruy and Sell Real F.statc dated July 25, 2000 Lhereinaftcr ~ "Purchase Coacract"), for the
purpose of buying and selling certain real property located in Arapahoe County, Colorado. which
propeny is legally described on Exhjbj! A attached hereto and made a part hereof [the "l'&M
Property"]; and
WHEREAS, Pursuant to City Ditch Agreement dated February 6, 1970 and rllCOrdcd in
Book No . 1864, !>age 520 in the Recurdcr's Office of Arapahoe County, Colorado, and Quitclaim
Deed dated March 24, 1970 and recorded in Rook No . 1864, Page S 17, in the Recorder's Office of
Arapahoe County, Colorado, F.nglcwood wa.~ granted a right-of-way casement lo own, operate and
maintain a carrier ditch. which earner di1ch is currently located on a portion of the P&M Property
All depicted on Exhibjl B attached hen:to and made a part hereof I.the "Englewond City Ditch Ri1ht·
of-Way"]; and
WHEREAS , The parties dei;ire to relocate the Eniilewood City Ditch Riiiht-of-Way to an
area of land legally dcllcribed 1111d depicted on Uxhjbjt C altachcd hereto and made a part hereoff the
"Re-Located Eosfewood City Dltdl Ript-of0 Way~).
NOW, THERt:FORE, ln considl!ration of the premises 11,11d the mutual covenants of the
panics, more particularly hereina1ler set forth. the adequacy and sufficiency of which are hereby
acknowledged, it is agreed u follows :
1. Prop&:rty Enhanas . 1n order to accommodate the proposed relocation of the
F.nglewood City Oitch Right-of-Way, P&M will convey by Quitdaim Deed to Engk>wood II fee
simple determinable right-of-way estate wi1h the possibility of reverter in and to the real property
leglllly described and depicted on F-xhibjt C. for the pUTJIOse of ownina, operating lllld maintainins
an und\."T'ground carrier ditch. which fee interest iM funher depicted as "Re-Localed F.naJcwood City
Ditch Right-of-W11y" on !lllid Exhibit C. Said Quitclaim deed will be in the form 111taehcd hereto a.~
fxhjbjt n.1. Further, in exchaniie, Englewood will convey by Quitclaim Deed to P&M, all ofit.~
right, title and interest in and to lhe real property legally dc.,;cribed and depicted on Exhibit B. Said
Quitclaim deed will be in the form attached hereto as Exhjbjt D-2. P&M 11Dd Englewood each will
execute and deliver to the other said Quitclaim Deeds no later than March 31, 2000 .
2. A••lowcnt. Licensee may 11ssi1P1 all of its riehts and obligations pursuant to this
License to any entity which iKQUires title lo the P&M Property. The foregoing notwithstanding, this
Lic,m:;e is a.'ISignahle only with the written permission of the J.iccnsor, which permission will nol
be unreasonably withheld, conditioned or delayed .
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.>. rweenen-,,.~ .......... ,...C2l .......... .-,..w:11
of..a.ilh ""*' 10fi'dllr. 1111111 ooalililM .. _, .. ____ _
1NW1TNIII WJIIUOJ, 11111~1111111111--•~thl-,ad,oarlra ---
/iM'&IT: IIJ: __ _
1y:_daiiin-_______ _
fM -IMTW •ti I 2NSIJ P 1 It • ctc11sc et.,.,, ....
a,:. ________ _
'ftde:. __________ _
A1Plt0V!D:
IIIWIIIF ....
l>tn.ror ofUdlillM
POii A Mchml Llf•yie C-• •
Llftk:loD. LLC .,.. tp#J,W
1'111« {"' ?rt1tcy ----
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LEGAL DESCRIPTION
P & ,1 PROPERTY
PROPERTY DESCRIPTION:
A PARCEL OF LJ\.,.""D LOCATED IN THE SOUTH HALF OF SECTION 29, TO\\'~iS.HIP 5
SOl'TH, RA .. 'iGE 68 w'EST OF THE 6TH PRINCIPAL MERIDIA."l'; COUNTY OF
ARAPAHOE , STATE OF COLORADO; BEING ~ORE PARTICUL<\RL Y DESCRIBED AS
FOLLOWS :
BASIS OF BEARINGS:
THE WEST L~ OF nrE SOlTI1IEAST QUAR'IER OF SECTION 29 , TOWNS.HIP 5
SOUTH, RA,.'l;GE 68 WEST OF THE 6TH PRDICIPAL MERIDIA."l', BEING ASSUMED TO
BEARS 00°08'23" W.
COMME~CING AT THE NORTHWEST COR.'.Il OF THE SOlJTHE.A.ST QC ARTER OF
SAID SECTION 29; TiiDiCE S 00°08'23" W, ALONG THE WEST LINE OF SAID
SOUTHE.\ST QUARTER OF SECTION 29, A DISTA .. "l'CE OF 71 .66 FEET TO THE PODIT
OF BEGL';~G;
~CE S 00°08'2r W, CO?l:TD-n.."1...'iG AI.ONG SAID WEST Lll',"E OF THE SOCTHEAST
QGARTER OF SECTION 29 , A DISTA .. 'KE OF 352.07 FEET ;
TIIENCE S g9c51 '37" E , A DISTA.'fCE OF 711.13 FEET TO A PODff ON THE WESTERLY
BOUNDARY OF THE SOUTH SA!'IT A FE DR.IVE RIGHT OF WAY;
TIIENCE Al.ONG SAID WESTERLY BOUNDARY OF THE SOCTH SA:'ITA FE DRIVE
RIGHT OF WAY THE FOLLO\VING SEVES CT) COURSES :
1. S 07°2i'21" W, A DISTAl'-TCE OF 54 .1 6 FEET;
2. S 10°22'08" W, A DISTANCE OF 100.36 FEET ;
3. S 07°28'44" W, A DISTA .. 'l;CE OF 236.36 FEET ;
4. ALONG THE ARC OF A ~ON-TA.'l;GENT CT.TR.VE TO THE RIGHT HA 'vThG A
CE~TllAl. .A.."lGLE OF 08°38 '-'5", A RADil:S OF 563.i .58 FEET , A.'iD A.'\i ARC
LENGTH OF 850 .25 FEET, THE CHORD OF W1ilCH BEARS S 11 °48'35" W, A
DIST.~'ICE OF 849.44 FEET ;
5. S 45 °05'43" E, A DISTA."l'CE OF 39.17 FEET;
6. S 19°53 '40" W, A DISTA."l'CE OF 5-'6 .82 FE.ET ;
7. S 32°59'15"W, A DISTA."\/CE OF 85.18 FE.ET ;
THE~CE °'.'J" 69°02' 19" W, A DIST.-\.'iCE OF 1100.36 FEET ;
TIIE~CE N 01°27'15" E , A DIST.-\."l'CE OF 230.69 FEET;
THENCE N 07°01 '58" E, A DISTA.'lCE OF 321.13 FEET;
THENCE N 61°12'11" E , A DISTANCE OF 87.12 FEET;
THL'KE N 28°47'49" W, A DISTA.'-TCE OF 100 .00 FEET ;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL A.'iGLE
OF 07°52 '59", A RADIUS Of 400.00 FEET, A.'\/D Al'l ARC LENGTii OF S5 .03 FEET ;
THENCE N 00°30'33" W, A DISTA."l'CE OF 754.10 FEET;
THENCE~ 45°18'50" E , A DIST.-\."l'CE OF 445.64 FEET;
THENCE S 89°51 '37" E. A DISTA."l'CE OF 397.94 FEET TO THE POM OF BEGL.',!NING .
CONTA.Il';lNG 53.242 ACRES , MORE OR LESS. ---.
EXHIB:T A to
Ease:nent and
License Agreement
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QUIT CLAIM DEED
The City of Englewood, O>lorado, a municipal corporation of the State of Colorado with an
address of Colorado so __ ("Gtaator"). be:reby releases, remises
mi quitclaims unto Poq & McEwm Lifestyle Centers-Littleton LLC , a Delaware limited liability
company ("Graar.ee ~). all of Grantor's riabt, title and intcn:st in and to the following real propertY
{the "Property") in the County of Arlpahoc. State of Colorado, to wit :
Sec f 1!Jibit A auached hereto
with all its appurtawices.
SIGNED mis_ day of
ENGLEWOOD :
ATTEST :
\)~-~.::--
t)l\l'•~fEnglcwood, a municipal corporation
of the State of Colorado
By : ___________ _
litle:.~-------~--~
By: ___________ _
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BELL SURVEYING COMPANY
IDO ~ sr. • ~ co. __,.
( 30,'t ) IB-01111 FAlC m-'77CII __. .. ----ta,
SXRIUT A to
Quit CUi• Dead (lhlg~evood to P~N)
Pagel of 2
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BELL SURVEYING COMPANY
Data: 1/21/00 500 ~TH ST. • DlilMJI. to. II0204
( 303 ) 1211-011& tAlt 123-7708
......... --·-tl,
--·-or, DIDI
EXIIIl1T A to
Olllt. ciai.• oeed
(En;ievood ~o P~M )
Pag• 2 of 2
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-£VPP1l1'B 1
QUIT CLAIM DEED
Poag & McEwen LifestYlc Centers-Littleton LLC, a Delaware limited liability company
("Gnmtor"), hereby releases. rcmiscs and quitclaims unto the City of Englewood. Colorado , a
municipal c:orpontion of me Smte of Colorado with an address of __,
Colorado 80 ("Grantee"). all of Grantor's right. title and iDlcrCSt in mi totbe followiDgreal
propatY (the "Property") in the County of Arapahoe, State of Colorado, to wit:
with all its applJl1CDIIDCt!S. for so lon& as the Property is used for the conveyance of waler or other
public: purpose.
It is the intention ofGrmtor and Grantee tbattbe estate c:onveyedhc:rcby is a fee simple determinable
estate. with Ormtor retainin& a possibility of reverter-At such time as the Property has not. for a
period offive c:onsec:unve years, been used for the conveyance of water or other public purpose, title
to the Property shall revert to Gramor. its succ:csson or assigns .
SIGNED this_ day of ~ ~-~ ~ c\M-~estyle Centen-Littleton. LLC,
· a~ limited liability company ~-· . .....--By :. _______ ~----~
STATE OF _____ _
COUNTY OF ____ _
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The foregoin& insttumel1t was acknowledged before me this_ of October, 2000 ,
by IS ofPoag & McEwen Lifestyle
Centers-Littleton LLC, a Delaware limited liability company.
Wimess my band and official seal.
(Notarial Seal) Notary Public
My commission expires :-----------
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Dote: 9 /26/00
Revos ed : I 0 / 1 1 /00
BELL SURVEYING COMPANY Crowing No.
000 9101PE 500 KAlAMATH ST. • DENVER. CO . 80204
( 303) 6 29-01 65 FAX 623 -7709
Ord ered By : DAVID "'~' . """'""' a=,
EXHIBIT B TO QUIT CL.AIM DEED
• STRIP OF LANO 15.00 FE£T ON THE 11£STERI.Y SID( ...0 10.00
F(£T ON 1"11[ EAS fERl Y SIDE OF A PIPEUNC OYER A PORTlOH
OF Tl1£ [AST 1 /2 OF SECTlON 29. TOWNsHIP 5 SOOTH . RAHC£
68 WEST OF THE 6TH P .W .• COUNTY OF ARAPAHOE . STATE OF
CO<.OAAOO . SAIC) PIPELINE BONG IIOR£ PAIITJC Ul.ARLY 0ESCRl8EO
AS FOl.l OWS:
8£GINNINC AT A POINT ON Tt!E NORTH UN( OF Tl1E MINERAL
RTO P--N-R1DE . WHENCE THE CENTER OF SAID S[CTlON 29
BEARS N 04'24 • 1 o• W A DISTANCE OF 2223 • .30 FEET: TH[NCE
N 27:lO"JO· E A OISTAl<CE OF 8 .42 FEET; THENCE N as·,s ·
311• E A OISTANCE OF 125.78 FECT: THENCE N 20'40"05" E A
OISTANCC OF 254.99 FE[T; THENCE N 1,·srs,· E A DISTANCE
OF 210.25 n:rr: ™ENC[ N 23'50"04" E A Dt5TANC E OF 115.59
FEET TO THE POINT or TERMINUS ON THE WESTERLY UN[ or
U S. HIGHW AY NO . 85. SAIi) LINE ALSO BEING THE S0UTl1ERI.Y
RIGHT-OF-WAY UN[ Of THE CITY DITCH AS SHOWN ON TliE
D£rD 0,,T[O JUN£ 10. 1938 PARCEL NO . 2. (FILE NO. 52 DOC .
NO . 68)
FO R THE PURPOSES OF TH IS O[SCRIP TION . THE BASIS OF
ac-GS IS TliE NORTH-SOUTH CENTERLINE OF SAID SECTlO N
1!£1NC N Dtr08"2 J" [.
CEN T[R SEC TION 29
T. 5 S. R. 68 W.
6TH P II.
ASPEN GROVE
PROPOS£0
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f,1STC1'1. Y PROPCRTY UN£. Of"
ASl'CN -DOaOAICNT
CO<NC!OCNT WITH THE
11£Sll'RlY RO.W UN£ OF
U.S HICHIIA Y NO. 6'
NOT TO SC ALE
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Dote : 9/26/00
Rev ised: 10/ 1 1 /00
BELL SURVEYING COMPANY Drawing No .
0009t01PE 500 KAI.AMATH ST. • DENVER , CO . 80204
( .303 ) 629-0165 fA)( 623-7709
Ordered By : CIMO """' . """""' lj,
EXHIBIT B TO QUIT CLAIM DEED
A S1RF Of LANO 15.00 FE£T ON DIE ll(ST(RL Y SID( ANO 10.00
FUT ON TH£ (AS T£RI. Y SIOE Of A PIPEUNC OIIER A PORTION
OF THC (ASf 1/2 or SECTION 29, r-5 SOUTH . IIANC£
58 WEST or THE 6TH P.M .. COUNTY OF -· STATE OF
COt.DRADD . SAi) PIPEUNE ll8NC -"""11CUI.AALY OCSCIIIIEll
AS FOUOWS:
BEGINNING AT A POINT ON THE -™ UNE OF TH£ ~
RTll PAlll<-N-RIDC, WHENCE TH£ COff£ll OF SAID SECTION 29
BEARS N 04'24'10" W A DISTANCE OF 222J.l0 F£tT; THENCE
N 2TlO'JO" E A DISTANCE OF 6 .42 F[[T; THCNCE N 115'15 '
38" E A DISTANCE Of 125.78 F[[T; TltENC[ N 20'40 '05" E A
DISTANCE OF 254.9' FEET; THENCE N 14•57 •51• E A DISTANCE
Of 210.25 FrrT; THENCE N 23'50'04" E A DISTANCE Of 115.59
FCET TO ll<E POINT Of TEllMlNUS ON M WESTCRL Y LINC Of
U.S. HIGHWAY NO . 115. SAID LINE ALSO BEING DIE SOU1l<CRLY
RICHT-Of -WAY LINE Of THE CITY DITCH AS SHOWN ON ll<E
DEED DATED JUNE 10, 1U8 PARCEL NO . 2. (FILE NO . 52 ooc .
NO. 68).
FOR TH[ PURPOSES or THIS DESCRIPTION , THE B,a.SIS Of
ec-GS IS lHE NORTH-SOU1l< CENTERLINE Of SAID SCCTlON
BE ING N D0'06'2J" [.
CENTER SECTION 29
T. 5 S R. 58 W.
61l< p ...
ASPEN
PROPOSEO
CASTCRI.Y P1fOPCRrY 1../NC Of'
ASPEN ~ DEVCl.OPIICNT
COINCt0£Nf WfTH ?MC
11£STE1lt.Y RO.W ON[ or
U.S ~Y NO. a,
IRRIGA 110N PIPCUN£
NOT TO SCALE
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ORDINANCE NO ._
SERIES OF 2000
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BY AUTHORITY
ABILLFOR
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COUNCIL BILL NO . 83
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT' FOR THE CITY
DITCH TO POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON L.L.C.
WHEREAS , the POAG requested a License for the purpose of constructing and
maintaining improvements to the City Ditch: and
WHEREAS. the Englewood Water and Sewer Board re commended Council approval
of the "Grant of Co nstruction Easement" and "License .-\greement" for the City Ditch to
POAG and McEwen Lifestyle Centers-Littleton at its October 10, 2000 meeting :
NOW , THEREFORE . BE IT ORDAl:-.IED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , CO LORADO , AS FOLLOWS :
Section l. The ""Li cense Agreement" to the POAG a nd McEwen Lifestyle Centers-
Littleton for the purpose of mamtauung improvements on City Ditch, as described in
Exhibit "A", is hereb y acce pte d and a pproved by the City Council of the City of
Englewood. Colorado.
$ectjon 2. The Directo r of Utilities is authonzed to execute the "License
Agreement" for and on behalf of the City of Englewood. Colorado .
Introduced, read m full . and passed on first reading on the 1611, day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October, 2000.
Thomas J. Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read
in full , and passed on first reading on the 16th day of October, 2000 .
Loucrishia A. Ellis
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Date
October 16 , 2000
INmATEDBY
Utilities Department
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COUNCIL COMMUNICATION
Agendaltem
11 a X
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Subject
License Agreement,
Construction Agreement and
Quit Claims for Exchange of
Real Estate for the City Ditch
and Aspen Grove/Newton Trust
STAFF SOURCE
Stewart H . Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommends Council approval of the Grant of Construction
Easement • License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for
the Englewood City Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers , LLC for a
Business Improvement District .
BACKGROUND, ANALYSIS, AND AL TERNATIYES IDENTIFIED
The Poag & McEwen Lifestyle Centers requested a License Agreement, Grant of Construction
Easement and Quit Claim Deeds for an exchange of real estate for the purpose of constructing a 60"
RCP City Ditch pipe in the new development to be called Aspen Grove. This will be a retail
development that will be part of the Poag & McEwen chain . The development will be located at
approximately 7100 S. Santa Fe Drive on the west side .
•
Upon review , the Englewood Utilities Department is requiring the Poag & McEwen to install
approximately 600 lineal feet of 60" RCP pipe and that will attach to the 54" pipe previously approved
for the Newton Trust portion of the project. The Quit Claim Deeds for the exchange of real estate are
is to realign the right-of-way to allow for the newly installed City Ditch to allow the owners to maximize
the usage of the lot and accommodate a proposed building.
In the Construction Agreement, Englewood agrees to permit Poag & McEwen to install the 60" RCP
and at the same time store pipe, equipment and fill dirt on Englewood's right-of-way in described
easement. Poag & McEwen will erect a temporary security fence around the storage site to maintain
security.
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
(3) Bills for Ordinance
Grant of Construction Easement. License Agreement and Quit Claim Deeds for an Exchange of Real
Estate with Poag & McEwin Lifestyle Centers
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UCENSE AGREEMENT
TIIIS LICENSE AGRERMENT, made and entered into as of this ---day of
_______ , 2000. by and between the City ofF.nglcwood, a municipal corporation of the
Stace of Colorado, acting by and thmuah iL, Water and Sewer Board [the "Liccmor"] and Poq &
Mcllwcn T .ifestyle Centcn --Littleton, LLC, a Delaware limited liability complll)'. itJ succes,on
and assigns l"Liccnsee1 .
WHERRAS, Licensee is the owner of certain real property located in Arapahoe C 1111y,
Colorado, which property is leplly d~'ribcd on I!xhibit A attached hereto and made • put hereof
rthe "PAM Property"); and
WJIEKF..AS, In connection with the Lic:emec'~ development of the: P&M Property , lhc
parties desire to allow the Licemce to install and maintain Jandscapin1, pavin1 or any other ll5C
which docs not materially interfere with l.:.nglewood'~ operation and maintenance of the carrier ditch.
in the En1lewood City Ditch ltight-of-Way • legally described and depicted on Fghjhjt P attached
hereto and made a part hereofrthc "Eapwood City Dltdi Rlpt-of-Way").
NOW, THEREFORF,, 1n consideration of\he premises and the mutual covenant~ l•fthc
panics, more particularly hercinaf\cr set forth. the adcqllltl:y and sufficiency of which an: hcrc:h y
11Cknowled1cd, it is agreed as follows:
I . Ljcense Granted. The Licensor, without any wlffllllty of its title or interest
whatsoever. hereby authorizes Licensee , its succc.,sors, as.,ilJlS. conlnletOr.l , and su!H:untractors, to
install and maintain landscaring, paving or any other use which docs not materially interfere with
F.nglcwood's oper.ation and maintenance of the canier ditch, within , throuah, over and acrosi. the
Englewood City Ditch Risht-uf-Way, in accordance with plans approved by the City ofLinlctorJ
from time to time [the "Liccued U111'1, under the following tcnns md conditions .
2 . 1.jccnsqr's Rights . The r .iccnsor shall have the rip! to mainiain , ins1all , repair,
n:movc or relocate the carrier ditch f lhe "City Dltela"] and its ;q,purtcnaJlCCS within the Englewood
City Ditch Right-of-Way , Ill any lime and in 9UCh manner u the Licensor deems necessary or
convenient . The r .icensor rescrvci. the exclusive right to contml all cascmen~ and installations over
the Englewood City Ditch Riaht-of-Way .
3. Licep,s S14bject to Prior Awmnsnts . The riKhls and privileges granted in this
License shall be subject to prior agreements. licenses and/or grants. recorded or unrecorded. and it
shall be the Licensee's solc~-ponsibility to dct.emrinclhe existcnceofsaiddocumentsorcontlicting
wia or installations.
4. Licensor ,\prroval ofJ Jse . Any use contemplated or performed under this License
shall comply wilh ilnd conform to standards formulaa.ed by the Director of Utilities of the City of
Englewood and such use shall be performed and completed according to plans approved by the
l ,iccnsor, which approval shall nol he unrca.'IOnably withheld. conditioned or delayed .
S. No interference of Public Scryjccs. The Licensed Uses Will not interfere with the
J.icensor' ll provi.~on of services to the public . The Licensee shall fully cooperate with the Licensor 's
pcrsoMCI and shall install and ma&intain the Licensed Uks without interference with any lawful,
usual or ordinary flow of water through the City Ditch . Liccn.'ICC shall 1111ume all risb incident to
the poll$iblc presence of such -tcrs. or of storm water.I, or of surface waters in the City Ditch.
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l IJ 1Jf alf.a l'f " f' t. i (' I~.: fUI fr h · file _ , • f • it If f" JI if " ¥ i ,. . fl n I f •. fll .. !, I t 1 e. f !! ' .
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LEGAL DESCRIPTION
P & \I PROPERTY
PROPERTY DESCR1P1'I0N:
AP ARCEL OF L.\."•iD LOCATED IN IBE SOCTH HALF OF SECTION 29, TOWSSHIP 5
S0l"TH, R..\..'iGE 68 w 'EST Of TiiE 6TH PRINCIPAL MERIDIA."1; COUNTY OF
ARAPAHOE, STATE OF COLORADO; BEING ~lORE PAR.TIClJL~ Y DESCRIBED AS
FOLLOV."S :
BASIS OF BEARINGS:
THE WEST LINE OF TI!E SOCTHE.~T Ql'AR'IER. OF SECTION 29, TOWNSHIP S
SOl-rH. R.A.\iGE 68 WEST OF THE 6TH P~CIP:\L MERIDIA.'l, BEING ASSUMED TO
BEARS 00°08'23" W.
CO~fE::-.;CING AT THE ~ORTHWEST COR.~"E.":l OF THE SOuTnE.AST QCARTER OF
SAID SECTION 29 ; l°HE'iCE S 00°08'13" W, ALONG TiiE WEST LINE OF SAID
SOCTHE..\ST QC ARTER OF SECTIO~ 29 , A DIST . .\.\iCE OF 71.66 FEET TO TiiE POJ)IT
OF BEGL'.~G;
TiiDiCE S 00°08'23"" W , C01'~1...niG AI.ONG SAID WEST ID'E OF TiiE SOCTHEAST
QL"AR'I'ER OF SECTIO?'-o 29 , A DIST • .\.\iCE OF 352.07 FEET ;
TIIE~CE S 89e5 1 '37' E, A DISTA.\iCE OF 711.13 FEET TO A PODff ON THE W'ESTERL Y
BOCNDARY OF THE SOu'Tif SANTA FE DRIVE RlGHT OF WAY;
THDiCE Al.O~G SAID WESTERLY BOCNDARY OF THE SOliH SA.VIA FE DRIVE
RIGHT OF WAY IlIE FOLLO\\~G SEVE.'l (7) Cot.JR.SES :
l. S 07°27'2 1" W, A DISTANCE OF 54 .1 6 FEET ;
2. S 10":2'08" W, A DISTA.\iCE OF 100 .36 ri:.ET ;
j , S 07°28 '44" W, A DIST . .\.\iCE OF 236.36 ru-r;
4. ALONG THE ARC OF A ~ON-T.-\.°'GE..'\o"T a..:avE TO TiiE RlGHT HAVING A
CE~TR.U. .A..'iGLE OF 08~38 '45", AR.o\Dil'S OF 5634 .58 FEET. A.'\ID A.'i ARC
LENGIB OF 850.25 FEET, THE CHORD OF WHICH BEARS S 11 °48'35 " W, A
DIST . .\.'iCE OF 849.44 FEET ;
5. S .wos· 43" E, A DIST.-\.'lCE OF 39 .17 FEET ;
6. S 19°53"40" W, A DISTA.'\1CE OF 546 .82 FE.ET ;
7. S 32°S9'l5"W, A DIST . .\.°"CE OF 85 .18 FEET ;
THE::-1CE ~ 69°02' 19" W , A DIST.-\.'lCE OF 1100.36 FEET ;
THENCE S 01 ":7' 15" E, A DISTA.'lCE OF 230.69 FEET ;
THENCE :'Ii 07°01 "58" E. A 0ISTA.'1CE OF 321.13 FEET ;
THENCE N 61°12'1 l " E. A DISL\NCE OF 87.12 FEET;
THE.'iCE ~ 28°47'49" W, A DISTA .. 'iCE OF 100 .00 FEET;
TiiDiCE ALONG THE ARC OF A Ct:RVE TO THE LEFI' HAVING A CE~ A.\l'GLE
OF 07°52'59~. A RADrt.:S Of 400.00 FEET, A.~"'D A.\f ARC LE~GTii OF 55 .03 FEET ;
TiiDiCE N 00=30·3r W, A DISTA.'iCE OF 754.10 FEET;
THENCE~ 45°18 '50" E , A DIST .. ~'\1CE OF 445 .64 FEET ;
THE~CE S 89°51 '37" E , A DIST • .\..'\1CE OF 397.94 FEET TO THE POM OF BEGINNING.
CONTAr-.ntG 53.242 ACRES , MORE OR LESS. ----·-·
EXHIB:1' A to
Ease:nent and
Li~ensa Agreeme~t
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Dais 1/21/0/0
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011111101CID
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l'MIICIULT ....... lllllL&.aa
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r:, 1471 1111\ .... • W1S'lt• I " --• ate PIEi' 1D A NIii' a, .-.r Clllle
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-tJI -GaS Wl 1IC l!PT -A l!!lfl! fl ,_., ,a:r,. A C8IIIIM. MC& rl! W!t~ A Glll'IIICI Q[_ 11.41 B -• ,..,,,., ' l A IISIIIIIIZ a, ., .. 11111' 'IQ M flCllfr 1..-.-,.. -.u ~ _. wa • u __. 1111. ..
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Date : 9 /26 /00
Revised : t0/1 0/00
BELL SURVEYING COMPANY
500 KAI.AMATH ST. • OENIIER. CO . 90204
( JOJ ) e29-0165 FAX. e2J-no9
Ordered "' '""' """' . """""' It,
EXHIBIT C TO LICENSE
A S1llf' C1F WIil 15.00 Fm ON M wtSTERI.Y SIDE AHO 10.00
,aT OH n4( EAST[III.Y SIil (If A Pl'UM OW[II A --
(If THE ~ 1 /2 aF S[C110N 21 . TOWNS*' 5 SOUT!l. RN1CE
II W£S1' (If THE cnt " It.. COUN1Y (If -Wlf1C. STATE aF
CCL.()IIM)C). SAID -.JC IOC IIIOR£ -CUUIIII.Y D(SCIIII[!)
AS F'OUOIIS :
BEGINNING AT A POINT ON nlE -™ UNE (If M ....VW.
Int) P--N-RIOE. Wt!DCC THE CENTER Of SAID SCCT10N 29
IIEMl5 N 04"24 ' 1 o• • A DISTANCE (If Z22J.JO F£ET: Tl40ICC
N 2Tl0°l0• £ A OISTMCE OE 6.42 F'W: Tl4ENCE N 85"15'
JI" £ A OISTNICE OE 1 ZS.79 FUT: TltENCC N 2C'40'05• [ A
OIST....c:£ (If ZS•.99 FUT: nEIC£ N 14"5T51• [ A OISTANCE
0/F 210 .25 FtET: TMOIC[ N 23"S0"04• £ A DISTANCE Of 115 .59
,err TO 11<£ POIHT aF -$ ON 11<£ 11£STULY UN[ OF
U.S. -y NO . 115. 5'"° UN£ ALSO IIElNC THE S0UT'H£RLY
RICHT-Of-..,.T UNE OIF TH£ CITY DITCH AS SHOMO ON Th£
1)(El) OATEO JUNE 10. 19JI PAIICO. NO . 2. (,U: NO. 52 DOC .
NO . 118 ).
FOR TH[ PURPOSES OF THIS 0[$Cll1l"TION . TH£ !!MIS OF
11CN11NGS 1s 11<£ -™-SOUTH CENTEIIUNC OF SAID S£C!10N
IIE!NC ~ OO'Ol"2 J• E
ctNTE!I SECTION 29
T. 5 S. R. II w.
6TH P.W .
Oraw inq No .
000910 1PE
NOT TO $CM.£
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 84
INTRODUCED BY COUNCIL
l'dEl'dBER~~~~~~-
AN ORDINANCE AUTHORIZING A "GRA.'lT OF CONSTRUCTION EASEMENT"
FOR THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEME.f\.l"T DISTRICT,
A QUASI MUNICIPAL CORPORATION (BID), POAG AND McEWEN LIFESTYLE
CENTERS-LITTLETON L .L.C .
WHEREAS , the POA G a nd McEw e n Lifestyle Cente rs-Littleton requested a Grant
of Construction Easement fo r the purpose of co nstructing pipi ng and othe r
improvements to the City Ditch ; and
WHEREAS. in t he de,·elopment of the s ubiect property and the piping of the City
Ditch the co nstruction will be performed by the Asp e n Grove Business Improvement
District; and
WHEREAS , the Utilities Department of the City of Englewood reviewed the BID
request and is r equiring t he BID t o mstall approximately 600' lineal feet of 60" RCP
pipe in connection with the BID improvements to the Engl ewood City Ditch Ri ght-of.
Way ; and
WHEREAS , the passage of this proposed Ordina nc e will authorize the "Grant of
Construction Easemen t" permitting t he BID acces s to the Ci ty Ditch to install the 60''
RCP pipe and at the same time store pipe, equipment a n d fill along the Englewoo d's
City Ditch Right-of-Way; and
WHEREAS , the Engle wo od Water and Sewer Board reco mmended Council approval
of the "Grant of Construction Easement" for the City Ditch to BID at its October 10 ,
2000 meeting;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , CO LORADO , AS FOLLOWS :
Sectjon 1. The "Grant of Co n struction Ease ment" to the As pen Grove Business
Improvement Dis trict , a quasi municipal corporation (BID), POAG and McEwen
Lifestyle Ce nters-Littleto n L.L.C. for the purpose of pipi ng t he City Ditch as described
in Exhibit "A ", are hereby acce pted and approved by the City Council of the City of
Englewood , Colorado .
Section 2. The Director of Utilities is authorized to exec ute the "Construction
Easement" for and on behalf of the City of Englewoo d, Col orado .
Introduced, r ead i n ful l, and passed on first reading on the 161h day of October,
2000 .
Publis hed as a Bill for a n Ordina nc e on the 20th day of October, 2000 .
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Date
October 16, 2000
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
11 a xi
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Subject
License Agreement,
Construction Agreement and
Quit Claims for Exchange of
Real Estate for the City Ditch
and Aspen Grove/Newton Trust
STAFF SOURCE
Stewart H . Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommends Council approval of the Grant of Construction
Easement , License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for
the Englewood City Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers , LLC for a
Business Improvement District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Poag & McEwen Lifestyle Centers requested a License Agreement , Grant of Construction
Easement and Quit Claim Deeds for an exchange of real estate for the purpose of constructing a 60"
RCP City Ditch pipe in the new development to be called Aspen Grove . This will be a retail
development that will be part of the Poag & McEwen chain . The development will be located at
approximately 7100 S . Santa Fe Drive on the west side .
Upon review , the Englewood Utilities Department is requiring the Poag & McEwen to install
approximately 600 lineal feet of 60" RCP pipe and that will attach to the 54" pipe previously approved
for the Newton Trust portion of the project. The Quit Claim Deeds for the exchange of real estate are
is to realign the right-of-way to allow for the newly installed City Ditch to allow the owners to maximize
the usage of the lot and accommodate a proposed building .
In the Construction Agreement, Englewood agrees to permit Poag & McEwen to install the 60" RCP
and at the same time store pipe, equipment and fill dirt on Englewood's right-of-way in described
easement. Poag & McEwen will erect a temporary security fence around the storage site to maintain
security.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
(3) Bills for Ordinance
Grant of Construction Easement, License Agreement and Quit Claim Deeds for an Exchange of Real
Estate with Poag & McEwin Lifestyle Centers
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Thomas J . Burns, Mayor
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 co py of a Bill for a n Ordinance, introduced . read
in full, and passed on first reading on the 16th day of October, 2000 .
Loucrishia A. Ellis
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Oct-10·00 04 :4 3111 From-BERNSTE IN LAW OFF I CE 9016826658 T-491 P 03 F-394
TEMPORARY coNsmliCTION EASEMENT 1J R
This Temporary Construetion Easement [the "Temporary Easemen • entered in~ 'J'
_ day of , 2000 by and between the City of Englewood, Colorado, aa:-m11mil!rQ)aJ
corporation of the state of Colorado, acting by and through it Water and Sewer Boar""a----_
["EneJewood") and the Aspen Grove Business Improvement District, a quasi-municipal corporation
and political subdivision of the State of Colorado [the "BID"].
WHEREAS, Poag & McEwen Lifestyle Centers --Linleton, LLC, a Delaware limited
liability company, ("P&M'') is the owner of certain real property located in Arapahoe County,
Colorado, which propeny is legally described on Exhibit A attached hereto and made a part hereof
(the "P&M Property"); and
WHEREAS, Pursuant to City Ditch Agreement dated February 6, 1970 and recorded in
Book No. 1864, Page 520 in the Recorder's Office of Arapahoe County, Colorado , and Quitclaim
Deed dated March 24, 1970 and recorded in Book No. 1864, Page 517, in the Recorder's Office o f
Arapahoe County, Colorado, Englewood was granted a right-of-way casement to own, operate and
maintain a carrier ditch, which carrier ditch is currently located on a portion of the P&M Property
as depicted on Exhibit B attached hereto and made a pan hercof[the "Englewood City Ditch Ri:fit-
of-Way"J; and
'WHEREAS , The parties desire to relocate the Englewood City Ditch Right-of-Way to an
area ofland legally described and depicted on Exhibit C attached hereto and made a part hereof [the
"Relocated En:Jewood City Ricbt-of-Way"); and
WHEREAS, In accordance with the Operating Plan of the BID, the BID desires to cause the
carrier ditch to be relocated and placed underground by installing a Colorado Department of
Transportation ["CDOr] approved 60" RCP pipe within the Englewood City Ditch Right-of-Wa~
in the location depicted as "Proposed lrri1ation Pipe" on said Exhibit C.
NOW, THEREFORE, In consideration of the premises and the mutual covenants of the
parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, it 1s agreed as follows : ,7
1. T cmpoory Construrtion Epqpyt. Englewood (as Grantor) ~ grants to the
BID (as Grantee), its successors, assiitlS, contractors, sub-contraetors, d · · , a non-exclusive
temporary construction easement through, over, under and across the Englewood City Ditch Right---c{-·
of-Way and the Relocated Englewood City Ditch Right-of-Way for the purpose of causing the carrier 9 !. t< .;J
ditch to be relocated and placed underground by installing a COOT approved 60" RCP pipe in the 'd.-~-<-
location depicted as "Proposed Irrigation Pipe " on said Exhibit C and covering the same ~ith clean .....-
fill d in [the "Pipin: Project"]. The BID will use its best effons to cause the pipe to have a flow
capability of 60 cubic feet per second on or before January 1, 2001. Englewood hereby
acknowledges that weather conditions and other wiavoidable delays may result in a need for an
extension of time beyond said date of January 1, 2001 . In such event, and upon the BID's
DRAFT
Dltt: No: __ _
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Oct-10·00 04 :43pm FrorBERNSTE IN LAW OFF I CE 90 16826658 T·O l P 04 F-394
Temporary Construc tion Easement Grant D
City of Englewood to Aspen Grove Business Improvement District R A F T
Page 2 of 3 Date: ___ ,-lo:
submission of a written request for an ex.tension of time beyond January 1, 2001, Englew~
that it will grant a reasonable extension of time to enable the BID to cause the pipe to have the
required flow capability.
2 . Teng o(Easement . The Piping Project will beiin no sooner than November l. 2000.
and will be completed no later than March 31 , 200 I. Completion of the Piping Project will be
deemed to have occurred upon inspection and approval of the Piping Project by Englewood and this
Temporary Easement will be deemed to have terminated upon such completion.
3 . ~. The BID shall have the temporary non-exclusive right to enter the
Englewood City Ditch Right-of-Way and the Relocated Englewood City Ditch Right-of-Way for any
reasonable pmpose necessary or prudent for the construction of the Piping Project subject to the
following restrictions : 1) nonnal working hours shall be from 8 :00 a.m . until 4 :00 p .m .; 2) the
operation of equipment and heavy trucks ~ill be permitted on the Englewood City Ditch Right-of-
Way and the Relocated Englewood City Ditch Right-of-Way only during normal working hours ; and
3) the BID will comply with all Ci ty of Littleton requirements regarding emergency access to the
property.
4 . Batoratiop. Upon completion of the Piping Project, the BID will perform such
restoration and regrading as is necessary or prudent to restore the surface area of the Rel o cated
En&lewood City Ditch Right-of-Way to its original condition. P&M may develop the surfac e area
of the Relocated Englewood C ity Ditch Right-of-Way in accordance 'with the P&M de velopment
plans as approved b y the City of Littleton from time to time and in accordance with its license
agreement with the City of Englewood for use of the Relocated Englewood City D itch Right-o f-Way .
5 . lgdemgUkation . Without in any way waiving and subject to all of the protections,
immunities and defenses afforded to the BID under the Colorado Govenunental Immunity Act.
Section 24-10-101 C .R.S . et.seq., the BID, to the extent permitted by the laws and constitution of
the State of Colorado, hereby agrees to be liable and hold lwmless Englewood, its employees,
tetlants, guests and invitees from any and all claims, causes of action, and liability wruch may occur
as a result of the negligent or wrongful acts of the BID in the construction of the Piping Project,
including the cost of defending against such claims.
6 . Liability . Without in any way waiving and subject to all of the protections,
immunities and defenses afforded·,to the BID under the Colorado Govenunental Immunity Act,
Section 24 , 10-101 C .R.S. et.seq., and to the extent permitted b y the laws and constitution of the
State o f Colorado , the BID hereby agrees that Englewood -will not be liable for any damages to the
P&M Property caused by water flow resulting from a loss of power at the nearest upstream power
station or any natural storm run-off which may occur during the time period which is (i) after the
r~moval of the structures associated with the carrier ditch pursuant to this construction easement; and
(ii) continuing until the termination of this construction easement according to its tmns;provided,
however, in any event, that such water flow is not the result of the grossly negligent or willful actS
of Englewood.
7 . Jgsunoce . Toe BID shall maintain in full force and effect a valid policy of insurance
for the Piping Project in the amoW1t of $600,000.00 property coverage and $600,000 .00 liability
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Oct-1D•DD a,:43111 Fr arBERIISTEIN LAW OFFICE ID168Z6IS8 T-411 P 05/Z& F-314
Temporary Construction Easement
City of Englewood to Aspen Grove Business Improvement District
Page 3 of3
DRAFT
Date: No: ----
coverage. The BID further agrees that all BID employees, contraetors and sub-contractors working
on the Piping Project shall be covered by adequate Workers Compensation insurance .
IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction
Easement on the date and day first above written.
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
By: __________ _
Cbainnan
BID:
ATTEST :
By:_-:------::----------
Scott Beardsley, Secretary
Prepared by: Lisa A. Sammons
Bernstein Law Office
555 Perkins Extended.. Suite 250
Memphis, Tennessee 38117
(901) 682-6658
APPROVED:
DRAFT
Oate: ____ No: ___ _
Stewart Fonda
Director of Utilities
Aspen Grove Business Improvement District,
a quasi-muni!J clDofllioirri~tate of
Colorado .!U, fl .r J. ·
Oi;t~: No: By: _________ -_-_::_-_-_-_-_
Ronald S. Loser, President
Return IO:
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Timothy J . Flynn
Collins Cockrell & Cole
390 Union Blvd., Suite 400
Denver, Colorado 80228
(303) 986-1551
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LEGAL DESCRIPTION
P & "I PROPERTY
PROPERTY DESCRIPTION:
AP ARCEL OF LA.~ LOCATED IN THE SOUTH HALF OF SECTION 29, TOW~SHIP 5
SOUTH, RANGE 68 w"EST OF nrE 6TH PRINCIPAL MERIDIA.i.\j'; COUNTY OF
ARAPAHOE, STATE Of COLORADO; BEING MORE PARTICUL<\RL Y DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS:
THE WEST LINE OF TiiE SOUTI!EAST QUARTER OF SECTION 29, TOWNSHIP 5
SOUlH, RANGE 68 WEST OF THE 6TH PIIDl'CIPAL MERIDIA.i.\j', BEING ASStJMED TO
BEARS 00°08'23" W.
COMME.'-ClNG AT THE NORTHWEST CO~'\i"ER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29; THENCE S 00°08'23" W, ALONG THE WEST LINE OF SAID
SOL "THEAST QUARTER OF SECTION 29, A DIST A.\lCE OF 71 .66 FEET TO THE PODl"T
OF BEGINNING;
THDICE S 00°08'23~ W, COKTINUING ALONG SAID WEST LINE OF TiiE SOL'"THEAST
QUARTER OF SECTION 29, A DISTA.'1CE OF 352.07 FEET ;
THESCE S 89°51 '3T' E, A DISTA.'l"CE OF 711.13 FEET TO A PODff ON THE \\iESTERL Y
BOUNDARY OF THE SOUTH SANT A FE DRIVE RIGHT OF WAY;
TiiE.'iCE ALONG SAID WESTERLY BOCNDARY OF THE SOlffH S~'-"T A FE DRIVE
RIGHT OF WAY THE FOLLOWING SEVE.°l'll (7) COURSES :
1. S 07°27'21" W, A DIST.AJ."iCE OF 54.16 FEET;
2. S 10°22 '08" W, A DISTANCE OF 100.36 FEET ;
3. S 07°28'44"' W, A DISTANCE OF 236 .36 FEET;
4 . ALONG THE ARC OF A SON-TA..\j'QENT CURVE TO THE RIGHT H.-\VIl',;G A
CE:'.',TRAL ANGLE OF 08°38 '45 ", A RADil'S OF 5634 .58 FEET , A.\o"D A.\l ARC
LENGTII OF 850.25 FEET, lEE CHORD OF WHICH BEARS S 11 °48'35 " W, A
DIST.~"llCE OF 849.44 FEET ;
5 . S 45°05'43" E, A DISTA.\j'CE OF 39 .17 FEET ;
6. S 19°53 '40" W, A DISTA.'iCE OF 546 .82 FEET ;
7. S 32°59'1S''W, A DIST.AJ.'JCE OF 85.18 FEET ;
THENCE N 69°02' 19" W, A DIST.~'iCE OF 1100.36 FEET;
THENCE N O 1 °27' 15" E, A DISTA.'l"CE OF 230.69 FEET ;
THENCE N 07°01 '58" E. A DISTA."iCE OF 321.13 FEET;
THENCE N 61°12'1 l"E, A DISTANCE OF 87.12 FEET;
THENCE N 28°47'49" W, A DISTA .. "iCE OF 100.00 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HA VINO A CENTRAL ANGLE
OF 07°52'59", A RADIUS Of 400.00 FEET, A.'ID AN ARC LENGTH OF 55.03 FEET;
TIIENCE N 00°30'33" W, A DISTANCE OF 754.10 FEET;
THENCE N 45°18 '50" E, ADISTA.~CE OF 445.64 FEET;
THENCE S 89°51 '3T' E, A DIST.AJ.\j'(E OF 397.94 FEET TO TiiE POINT OF BEGLNNING .
CONTAINING 53.242 ACRES, MORE OR LESS. ------,
EXHIB I T A to
Ease111ent. and
License Agreement
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D111a: 1/21/00
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BELL SUKV.1!:~ lNv \,;U.au-&, ,
DOD ~ ST. • DENIO. CO. ID204
( ~ ) IZl-0119 FAX 123-7708
-Ir. .... -• """"""' ti,
IXlftUT • &o
Lieen•• A~re .. en~· laa .. en& and
Page 1 of 2
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OCIOl10100
9GT10F2
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BEU SURVEYING COMPA.i~
Della: 1/28/0JJ 500 ICM.AIMTH ST. • DEMR, CC. 80204
( 303 ) l29-0115 P'AX 123-7708 _.,.....,,,_ . ......,., It,
!XHI!IIT B to
Drawing No.
000910100
SHEET 2 OF' 2
Proper~y Exchange, Easement and
Licenee Agreement
Page 2 of 2
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Do te: 9/26 /00
Revised: 10/10 /00
BELL SURVEYING COMPANY Crew ing No .
0009 10 PE 500 KAI.AMATH ST. • OEHi/ER , CO . 802 0 4
( JOJ ) 829-0155 r1<:J. 823-neg
Ordered By : DAVID
EV~S • ""'°'"' ~
EXHIBIT C TO CONSTRUCTION
EASEMENT
A STll1P or WIil 15.00 FEET ON 1K W(SIEILY SI)[ Mil) 10.00
FEET ON !HE EASTERI.Y SID[ Of' A PP£lJN[ OIIER A PORT10N or T'ME CAST 1 /2 Of' SECTION 29. TOWN5Hf' 5 soun<. 11N1CE
18 W£ST Of' Tl<E 41TH P.11 ., COUNTY Of' -WIX. STAT[ OF
COL.ClRAIIO. So>IO PIPEUNE IIElNC IIORE PAIITICUl-"'I.Y Q[SC~
AS FOU.OWS :
BECl<HIHG AT A POIHT ON TH£ -™ UHE Of' Tl<E roaN[lW..
lffl) PAl!K-N-RIDE. WHENCE THE C£NTER or SAID SECTION 29
11EN1S N 04·2,· 10· W A DISTANCE OF 222J.JO FtET; THENCE
N 2TJO'l0• £ A OISTANCE OF 6 .42 FtET; TH[NCE N 115'15"
311• E • OISTANCE OF 125.711 F[[T; THENCE N 20'40"05" ( A
DISTANCE Of' 2~.!l!I FEET; THENCE N 14•57•51 • E A DISTANCE or 210 25 FtET . ll!ENC( N 23'50'04" E A DISTAHCC or 11 5.59
FEET TO T'ME PO INT Of' ~ ON THE W£ST£11LY UN[ Of'
U.S . ...,_y NO . 85, 5'"0 U1'E ALSO !IEJNC Tl<£ SOUTHERLY
RICHT-Of"--Y UNE or 1)1£ arr DITCH AS SHOWN ON Tl,(
DEE!l OATEO JUNE 10. 11.ll PAIIC[L NO. 2. (n.E NO. 52 DOC.
NO . 611 ).
FOR THE PURPOSES OF THIS OESCRIP1'10N . THE IIASIS Of
IICAIIINGS IS Tl<£ ~H-SOVT'H CCNl'ERUNC OF SAID SECTIOH
BElNG N 00'08'2J" £
CO. SE~ 29
T. 5 S. ~-68 W.
6TH P.W •
NOT TO SCA.!
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT: Comprehensive Plan
October 16, 2000 11 Ci Professional Services
INITIATED BY: Community Development STAFF SOURCE: Mark Graham , Senior
Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
No previous Council action .
RECOMMENDED ACTION:
Community Development staff requests that Council approve a motion for RNL Design to
provide Englewood with Professional Comprehensive Plan Services .
BACKGROUND:
During the last year Council reviewed and approved Comprehensive Plan Amendments for a
Regional Plan element and language recognizing the land use implications of the transportat ion
investment along the South Santa Fe Drive corridor . Council also adopted the Mile High
Compact , which requires some specific elements be included in a Comprehensive Plan .
Community Development staff is preparing the updated Comprehensive Plan in house wit h
consultant assistance . This is a cost effective approach . Three citizen committees , work ing
with Commun ity Development staff , are reviewing and updating the follow ing Comprehens ive
Plan sections in 2000 :
• Business and Employment
• Parks and Open Space
• Housing and Neighborhood
The committees are revising the 1979 Comprehensive Plan Goals statements . The revised
document will anticipate City goals and opportunities for the next twenty years as required by
the Mile High Compa(j. The Scope of Work under the proposed contract with RNL includes
creating diagrams , schematic drawings and conceptual plans that illustrate and support the
written portion of the updated Comprehensive Plan . Additionally , RNL will assist staff with
creating a version of the Comprehensive Plan for the City Web site. RNL will complete the ir
work by the end of the year.
Staff will be drafting the implementation plans for the updated elements and starting the
Transportation element update for the Comprehensive Plan during 2001 .
FINANCIAL IMPACT:
Comprehensive Plan updates are budgeted for FY 2000 .
LIST OF ATTACHMENTS:
Contract
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City of Englewood, Colorado
Contract for Professional Services
THIS CONTRACT and agreement, made and entered into this 22nd day of September ,
2000, by and between the City of Englewood, a home rule mun icipal corporation of the
State of Colorado , hereinafter referred to as the "City", party of the first part, and RNL
Design, a Professional Corporation hereinafter referred to as the "Consultant",
party of the second part, for the following:
PROJECT : Comprehensive Plan Graphics & Design Services
WHEREAS , a proposal pursuant to said project has been received by the City Counc il
and has been certified by the Director of Community Deve lopment to the City Counc il
with a recommendat ion that a contract for sa id work be awarded to the above named
Consultant ; and
WHEREAS , pursuant to sa id recommendat ion the Contract has bee n awarded to the
above named Consu ltant by the City Counc il and sa id Consul tant 1s now willi ng and ab le
to perform all of said work in accordance with his proposa l.
NOW THEREFORE , in con sideration of the compensat ion to be pa id to th e Cont ractor,
the mutua l agreeme nts here inafter contained are subJect th e terms herein afte r stated :
A. Contract Documents : It is agreed by the part ies hereto that the foll ow in g list
of in strume nts , drawings and documents wh ich are attac hed hereto, bound
herewith or incorporated herein by reference constitute and sha ll be refe rred to
either as the Contract Documents or the Contract and all of sa id instruments ,
draw ings , and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if
the y were set out verbatim and in full here in :
• Scope of Services (attached)
• Contract (this instrument)
B. City Obl igations/Confidentiality: The City shall prov ide Consultant w it h
reports and such other data as may be available to the City and reaso nab ly
requ ired by Consultant to perform hereunder . No project information sha ll be
disclosed by Consultant to third parties without prior written consent of the City
or pursuant to a lawful Court Order directing such disc losure. All documents
prov ided by the City to Consultant shall be returned to the City. Consultant is
author ized by the City to retain copies of such data and materials at Consultant's
expense .
C. Scope of Serv ices : The Consultant agrees to and shall furnish all labor, tools,
supplies, equipment, materials and everything necessary for and requ ired to do,
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Contract for Professional Services 2
perform and complete all the work descr ibed, drawn, set forth, shown and
included in attached Scope of Services.
D. Indemnification: The Consultant agrees to indemnify and hold harmless the
City, and its officers and its employees, from and against all li abi lity, claims ,
demands , and expenses, including court costs and attorney fees , on account of
any injury, loss, or damage, which arise out of or are in any manner connected
with the work to be performed under this Agreement, if such injury, loss , or
damage is caused in whole or in party by the negligent act of omission , error,
professional error, mistake, accident, or other fault of the Consultant, any
subcontractor of the Consultant, or any office r, employee , or agent of the
Consultant. The obligations of this Section D shall not apply to damages which
the City shall become liable by final judgment to pay a third party as the result of
the negligent act or omiss ion , error , profess ion al error , mistake , ac cide nt, or
other fau lt of the City of Englewood.
E. Terms of Performance: The Consultant agrees to undertake the pe rforman ce
of the work under this Amendment to Contract within ten (10) da ys from be ing
not ified to commence work by the Director of Commun ity De vel opment and
agrees to f ully complete sa id work within the t ime frame detai led in the attac hed
Scope of Services , plus such extension or extens ions of t ime , requested in
writing, as may be granted by the Director of Community Deve lo pment .
F. Owne rship of Work Product : Upon payment to Consultant pursuan t to this
Agreement , all work, data , drawings, des igns, plans , reports, computer programs
(non-proprietary), computer input and output, analyses, maps , or any othe r
mater ials developed spec ifically for this project are and shall be the so le and
exc lus ive property of the City. However, any reuse of the documents by the City
without prior written authorization by Consultant other than for the spec ific
intended purpose of this Agreement shall be the City's sole respons ibili ty . T he
Consultant will provide the City with a ten (1 0) da y writte n notice pr ior to
disposal of project documents it has retain ed during whic h t ime the City may
take phys ical possession of same at the storage site .
G. Terms of Payment: The City agrees to pay the Consultant for the
performance of all the work required under th is contract, and the Consultant
agrees to accept as his full and only compensation therefore, such sum or sums
of money as may be proper in accordance with the pr ice or prices set forth in the
Consultant's fee schedule hereto attached and made a part hereof, the total cost
thereof not to exceed forty thousand dollars ($40,000 .00).
H. Appropr iation of Funds : At present, $40,000.00 has been appropr iated for
the project. Notwithstanding anything contained in this Agreement to the
contrary , in the event no funds or insuffic ient funds are appropriated and
budgeted by the governing body or are otherwise unavailable by any means
whatsoever in any following fiscal per iod, the City may terminate th is contract.
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Contract for Profess ional Services 3
The City shall immediate ly notify RNL Design or its ass ignee of such occurrence
in the event of such term ination. All wor k accomp li shed by the Consultant pr ior
to the date of such termination shall be recorded and tang ible work documents
shall be transferred to and become the sole property of the City pr ior to payment
for services rendered.
I. Contract Binding: It is agreed that this Contract shall be bind ing on and inure
to the benefit of the parties hereto , their he irs, executors , adm inistrator, ass igns ,
and successors.
J. Laws to be Observed: The Consultant shall be cogn izant of all Fede ral and
State laws and local ordinances and regulations wh ich in an y ma nner affect th ose
engaged or employed in the work or which in an y wa y affect th e con duct of th e
work, and of all such orders and decrees of bod ies or tribunals having any
jurisd ict ion or authority over the same , and sha ll at all tim es observe and comply
with all suc h exi st ing la ws, ord inances , reg ul ation s, and decrees , and sha ll
protect and indemn ify the City against any claim or li abili ty ari sin g so lely from or
based so lel y on th e violations of any such law , ord in ance , regu lation , o rder or
dec ree , whet her by itse lf, its subconsultants, agents or emp loyees.
K. Terminat ion and Assignment of Contract : The Consu ltant warr ants th at it has
not employed or retained any company or person, othe r t han a bona fide
employee working solely for it, to solicit or secure t hi s contract, and t hat it has
not paid or agreed to pay any company or pers on, other t han bona fide
employees work ing sole ly for the Consu ltant, an y fee , com miss ion, pe rce nt age ,
brokerage fee , gifts , or any other cons ide ration, cont inge nt upon or resu lt ing
from the award or ma ki ng of this contract. For breach or violation of th is
warranty, the City w ill have the right to annul this contract without liabil ity, or, in
its discretion to deduct from the contract price or cons iderat ion, or otherw ise
recover the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee . It is the intent hereunder to secure the personal services of
the Consultant , in manner aforesaid , and this contract sha ll not be ass igned ,
sublet or transferred without the consent, in writ ing of t he City .
L. Termination : Th is Agreement may be cance led by eithe r party prov iding
th irty (30 ) day notice to the other party .
M. Inspect ions . Reviews and Audits : Dur ing all phases of t he work and serv ices
to be provided hereunder the Consultant agrees to establ ish a work ing office at a
place agreeable to the City, and perm it duly authorized agents and employees of
the City to enter the Consultant's offices for the purpose of inspections , rev iews
and audits during the normal working hours. Reviews may also be accomplished
at meetings that are arranged at mutually agreeable t imes and places .
Consultant and its subconsultants shall maintain all books , documents , papers,
accounting records and other evidence pertaining to cost incurred and shall make
such materials available at their respective offices at all reasonab le times during
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Contract for Profess ional Services 4
the contract period and for three years from the date of final payment under the
contract, for inspection by the City, or any author ized representat ives of the City,
and copies thereof shall be furnished if requested.
N. Disputes : Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not disposed of
by agreement will be decided by the City Manager for the City of Englewood .
The decision of the Community Development Director will be final and conclusive
unless, within 30 days after the date of receipt of a copy of such written
decision, the Consultant mails or otherwise furnishes to the City a written appeal
addressed to the Community Development Director of the City of Englewood. In
connection with any appeal proceeding under this clause, the Consultant sha ll be
afforded an opportunity to be heard and to offer evidence in support of its
appeal. Pending final decision of a dispute hereunder, the Consultant shall
proceed dil igently with the performance of the contract in accordance with the
Community Development Director's decis ion . The dec ision of the Com munity
Development Director or his duly authorized representat ive for the determination
of such appeals will be final and conclusive.
This disputes clause does not prec lude considerat ion of questions of law in
connections with decisions prov ided for in Paragraph above . Nothing in this
contract, however, shall be construed as making final the dec ision of any
administrative official, representative, or board on a quest ion of law .
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally
or by their duly authorized officers or agents and their sea ls affixed and duly attested
the day and year first above written .
Th is Contract is executed in 3 counterparts.
CITY OF ENGLEWOOD
Community Development Director
Party of the First Part
Consultant: RNL Design
by (sign)
(print Name & Title)
Party of the Second Part
H:\GROUP \Comp Plan \2000 \RNL Contract .doc
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MONDAY, OCTOBER 16, 2000
7:30 P.M .
Englewood Civic Center
1000 En glewood Parkwa y
Englewood. CO 80110
'a.11,omde,.7 ;'3(~
Invoca tion . ~
Pledge of Allegiance . ~-
Roll Call. b ~ / (}16~ f}~
/>I°"~ 5. Minutes .
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"ff,~~ the meeti"g of "''"'" Cily Co""'" Meeti"g of Octobe, 2, 2000. ~
6 . Scheduled Visitors . (Please limit your prese ntation to ten minutes.)
a .
Plaae note: If you heve a dlablllty and need auxiliary aid• or aervlcft, pleaae notify the City of Englewood
(303-762-2405) at laat 48 houra In advance of when aervlcn are neadad. Thank you.
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-rnglewood City Council Agenda
October 16, 2000
Page 2
/'4nei_~-V
urr-~n~gi~'ic./-cf--(]_ 19-cA-.
a. Approval of Ordinances on First Rea ding.
b .
C.
1. COUNCIL BILL NO. 80 -Recom mendation from the Department of Safety
Services to adopt a bill for an ordina nce authorizing an Automatic Aid
Agreement with South Metro Fire Resc ue . STAFF SOURCE : Kieth Lockwood,
Division Chief -Fire Operations.
ii . COUNCIL Bill NO. 81 -Re commendation from the Department of Finance
and Administrative Services , City Clerk 's Office , to adopt a bill for an ordinance
clarifying the City Clerk 's power to administer oaths at City Cou ncil meetings.
STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative
Services and Loucrishia A. Ellis, City Clerk.
iii. COUNCIL Bill NO. 79 -Recomm end ation from the Department of Finance
and Administrative Services , City Clerk 's Office, to adopt a bill for an o rdinan ce
amending various sections of the Englew ood Municipal Code 2000. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services
and Loucrishia A. Ellis, City Clerk.
iv . COUNCIL Bill NO. 78 -Recomm end ati on from th e Department of Safety
Services to adopt a bill for an ordi nan ce relating to minimum standard s for
commercial vehicles. STAFF SOURCE: Division Chief Tom Vandermee .
Appf.fr1 of Ordinances on Second Readin g.
Resolutions and Motions .
i .
ii.
Reco mmendation from the Department of Finance and Administrative Service
to adopt a resolution approving an i nc rea se i n benefits for Firefighter retiree s
effective January 1, 2001 for th o e retired as of January 1, 1998. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.
Recommendation from the Department of Publi c Works to approve, by motion ,
the purchase of a self-propelled asphalt paver. Staff reco mmend s awarding the
contract to the sole bidder, McDonald Equipment Company, in the amount of
$67,500. STAFF SOURCE: Ken Ross, Director of Public Works .
11 . Regular Agenda .
Approval of Ordinances on First Reading .
i. COUNCIL Bill NO. 76 -Re com mendati on from th e Department of Finance
and Administrative Services to adopt a bill for an ordinance approving the 200 1
Budget for the City of Englewood. STAFF SOURCE~
Director of Finance and Administrative Services.
P ..... note: H you have a dlublllty and need auxiliary aids or aervicea, please notHy the City of Englewood
(303-782-2405) at least 48 hours In advance of when services are needed. Thank you .
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Englewood City Council Agenda
October 16, 2000
Page 3
ii .
ii i.
COUNCIL BILL NO. 77 -Reco mm end ati o n from th e Departm ent of Finance
and Admini strative Servi ces to adopt a bill fo r an o rdin ance appro pr ia t ing f und s
fo r Fisc al Yea r 2001 . STAFF s9~~CJ:Jr~nk S!'.rglewicz, Director of Finance
and Administrative Services.,~ -
COUNCIL BILL NO. 75 -Reco mm endati o n fr o m th e Departm ent of Fi nance
and Administrative Service s to ado pt a bill fo r an o rdin ance es tabli shin g th e
2000 Mill Levy to be collected in 2001 . STAFF SOlJ.iR~E: Frjnk ~ryglewicz,
Director of Finance and Administrative Services. It})~
iv. COUNCIL BILL NO. 73 -Reco mm endati o n fr o m th e Departm ent of Fi nance
··~;_ .-?I and Administrati ve Servi ces to adopt a bill fo r an o rdin ance ap p rovi ng a cp -u lease/purc hase of Ci sco netwo rk in g eq uipm ent. STAFF SOURC 7 J,!!'}i' ....... , .
Gryglewicz, Director of Finance and Administrative Services . {/U ~
v COUNCIL BILL NO. 74 -Reco mm end at io n fro m the Depa rt ment i Fi nan ce
0. and Admini strative Servi ces to adopt a bill fo r an o rd i nance am endin g Ti t le 5 ,
C hapter 26 of th e En glewood Munic ipal Co de pert ain i ng to tra h haul N .
STAFF SOURCHl£.a~k ~~yg~~icz, D~or of Finance and Admini trative
Services. IV~
vi. COUNCIL BILL NO. 85 -Reco mm enda ti o n fro m th e Co mmun ity D ve lo p m nt
D epartm ent to adopt a bill fo r an ordin ance auth o rizi ng the p ur cha e of
res id ential pro pe rty located at 23 5 7 W es t Wes ley Ave nue . STAFF SOURCE:
Mark Graham, Senior Planner and Janet Grimmett, Hou sing Financ e
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Specialist. ~n ,,I .. =~~
vi i . COUNCIL BILL NO. 86 -Reco mm endat ion fro m the Community D evel o p ment / .A~e1!7J,~.
ix.
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D epartment to adopt a bill fo r an o rdin ance auth o rizi ng the p urcha e of
re sidential property located at 2 399 W es t Wes ley Ave nu e. STAFF SOURCE:
Mark Graham, Senior Planner and Janet Grimmett, Hou sing Finan ~
Specialist. -----
OUNCIL BILL NO. 40 -Reco mm endati o n fro m th e Depa rtm ent of Pu b li c
W o rk s to ad o pt a bill fo r an ordinance amend in g th e C ity of En glew ood '
Ri ghts-o f-W ay ordinan ce and setting a public hearing for November 6, 2000 to
gath er public input. STAFF SOURCE: Ken Ross , Director of Public Works. ~1t.,
COUNCIL BILL NO. 82 -Reco mm endati on fro m th e Ut i litie s Depart ent to
ad o pt a bill for an o rdinan ce auth ori zi ng an Ag ree ment to exchange R I Estate
betwee n Poag and M cEwe n Li festy le Ce nters -Littl eto n L.L.C. and th e C of
En glewood . STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
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Englewood City Council Agenda
October 16, 2000
Page 4
b .
C.
xi. COUNCIL BILL NO. 84-Recommendation from the Utilities Department to
adopt a bill for an ordinance authorizing a "Grant of Construction Easement • for
the City Ditch to Aspen Grove Business Improvement Distri ct , Poag , and
M cEwen Lifestyle Centers -Littl eton L.L.C. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
Appr~rdinances on Second Reading.
Reso lution s and Motions .
i . Recommendation from the Community Development Departm ent to approve , ~ by motion, a contract with RNL Design for Profe ss ional Comprehen sive Plan
~ ~lib'; ?~:t£~'1i,' "'"""~
12 . General Discus sion .
a. Mayor's Choice .
b . Council Members ' Choice .
13. City Manager 's Report .
14. City Attorney's Report .
a. Request for a ~ $20 ,000 .
Ir-, ~~ W?,U{H~ l~(r;
Adjournment. ~ g': /'l P-,--
The following minutes were transmitted to City Council betwee n September 29 and O ctober 12 ,
2000 :
• Englewood Cultural Arts Commission meeting o f September 6, 2000
• Englewood Liquor Licensing Authority meeting of September 6 , 2000
• Englewood Liquor Licensing Authority telephone poll of September 20 , 2000
• Englewood Code Enforcement Advisory Committee meeting of September 20 , 2000
PINN note: If you have I dl .. blllty and need auxiliary aids or HrVlcn, please notify the City of Englewood
(303-762-2405) 11 least 48 hours In advance of when services are needed. Thank you.
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