HomeMy WebLinkAbout2000-11-06 (Regular) Meeting Agenda•
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November 6 , 2000
Reg ular City Cou n cil Meet i ng
Public Hearing -Rights-of-way o rd i nanc e
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Regular City Council Meeting
November 6, 2000
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ORD II /C /2• /. ~ £. £.1t; 7~ 7~ Jt{f/ g,) %/1
RESO 11~0, 91, 92, 93, 94, 95, 96, 97, 98, 99
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I. Call lo Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY. COLORADO
Regular Session
November 6, 2000
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The regular meeting of the Englewood C it y Co uncil wa s called to order by Mayor Burns at 7:3 6 p.m.
2. Invocation
The invocation was given by Council Member Na bho lz.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Bums .
4 . Roll Call
Present :
Absent :
A quorum was present .
Al o present :
5. Minutrs
Council Members Nabholz. Grazulis. G arren. Brads ha". \\'o lOS)'1.
Yurch1ck . Bums
None
C it y Manager Sear
C ny Anomey Brotz man
C ny C lerk Elli s
Director Ro ss. Publi c Works
Director Gryglew1cz, F111anc1al Sen ices
Director Simpson. Conunumty Development
(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEEl'lNG OF OCTOBER 16.
2000.
Counc il Member Nabholz explained that she would be abstaining from voting as her son was in the ho spnal
and she was unable to anend the October 16'" meeting .
Vole rrsulls:
Ayes :
Nays:
A bstain :
Motion carried .
6. Scheduled Visi tors
Council Members Garrett. Bradshaw, Wolosyn. Yurchick .
Grazulis, Burns
None
Council Member Na bholz
(a) Ron Trujillo advised that he is an employee of the City of Engle\\·ood Golf Cour se . He
noted 1hat he has been working at the Golf Course for about s ix years and about t\V O yea rs ago Jerrell Black
hired Bob Spada. He said the first thing he noticed about Mr. Spada was that an ytime we had a problem he
wouldJu•np on it and take care ofit immediately. It didn't matter ifit was a problem with the carts , an
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individual or whatever. Mr. Spada jumped on it immediately. Mr. Truj ill o said he start ed obse mng 111111 a
linle better and noticed that he did the same thing with the o ther emp loyees . He sa id he kind o f felt that
when you get somebody new in management the y are going to clean hou se . as it ha s been hi s ex perien ce 10
have that happen. But with Mr. Spada it was differelll . he kmd of sa t back and looked and no ti ced "ho "as
doing well. who was not doing well. what wa s good for the course. what was bad for th e cour se. that son of
thing. It took some time. but he started to make some c hanges. It is a cardinal si n to pla y s ix ho urs o f golf.
he said . You don ·t have that at Engl e wood anymore. a lmost everybody ge ts out of th ere 111 four. four a nd a
halfhours ... five hours a t the very most and that 1s becau e of Mr. Spada . He ha s made changes 111 the
anitude of the peo ple who are th ere. Yo u do11·1 ha w the ·rank y o ld me n J umpin g o n litt k o ld ladie s
a nymore telling them to obey the la \\S and th e rul es o f the land . H,, ha made n-eryo nc th ere a"are of
c us tomer service and publi c re lati o ns . A good exa mple 1s to JU St li ste n to so 111c·bod~ a11,\\ en ng th,· phone
They say "Englewood Golf. thi s 1s so and so . may I he lp }O U ... \fr. S pad a ha s made e, ef) o ne mor,· "" Jre
of c ustomer service . Mr. Trujillo adv ised that he ha s no ti ced th e p.:o pk that are \\Ork1n g together Jre more
content and there is not as much inner bi ckerin g a th ere wa s . I'm sure every Job has th at. he ,a,d . He
stated that he just th inks Mr. Spada ha done an o ut standmg JO b : he's made a wh o le bunc h of l'hange s lor
the bener. Accountabiln y 1s another exa mple . Mr. Trujillo said he JU St start ed up s ta1r 111 the pro hop th i,
year. At one point everything wa s nm fr o m th e begnnung of the mo rning unul th e mo ney \\lS c heck('d out
at night. w uh different people commg and gomg m bet\\een and there wa s no ac countab,lit y. \1r. Spada
changed that. Now. when you leave yo u take an account of what yo u have and balance out P,·opk didn 't
like it at the time, but Mr. Truji ll o said he tho ug ht 11 was grea t, that that was accountab,ht; It ha s b,·e n
accepted now and people are domg it. Mr. Trujil lo noted he is kind of s hoo tin g fr o m th e l11p here . as he is
not a real good s peaker. He advi sed that Mr. Spada is also working o n so me computer tuft to mJ ~,· 11 J lut
easier to get people in and out of th e counter. He said he ha s talk ed to Mr. Bla ck before ahout \\hJt J tin,·.
outstanding job he thinks Mr. Spada ts domg. \1r. Trujillo s!Jled he wa nt ed to tell Counnl "hat an
outstanding job he thinks Mr. Spada ha s done. that he ha s done well. Mr. Truj ill o o p111 ed that thrn g, arc
going to get a lot bener. He stated that Mr. Spada is a very decent human bemg. to beg m "1th H,··s a pam
in the fann y at umes too. he sa id . but he 's a good man at heart and the C n y s houl d be proud ol h1111 for th,·
JOb he 1s doing m Engle\\ood. He thanked Council for their lime . o un c ,l thank ed \1r I n11 1ll,,
(b) Debbie umther. of Corn ersto ne Bo o ks , stated s he ha, tned to ed11 hc1 ,tJtement o ,e,
and o,er agam to try to tak e o ut th e e mo tion and s he apologized. as she did no t sm· ,·ed J hundre I pe1e en1
So pl ease bear \\ 1th me . s he ,a,J. \•I . Gu mt her rea d the followm g s tatement Ju t a ) u hJ, e had J , "inn
for what yo u \\anted C nyCe nt cr to be m th e bu s mess co mmunit y of l:ngk \\ood. I ha,,. JI"' hJd J , '"""
for o rnersto ne 13ook ,. In Ill) ca reer. bo th 11t th,· no n-profit "orld aml no" 11 1 the rctJil ""rid I hJ,c hcen
comnuned 10 the ,alue of c hildren. edu ca ti o n. volunt eers and he a lth \\'h,·n I purd,a ,c·d l ,m1c 1,1unc
Books I didn 't haw a c lue a to ho" I wo uld be able to 111corp orate these ,alue, thJt I hJ,c ""'~ed 1111 lrn
the pas t. .. almost thirt y ye ars 11 0 \\. It wa sn 't long before we bega n o rga 111 z mg "orksho J ,. ho,ted l,KJ I
e.ducators and nall o nall y kn own authors o n a va ri e ty o f different s ubj ec ts \'o lum eer, ea>il ) l'ame l,H.\\J1d
and some are Slltmg hc.'re 111 thi s roo m. \\h:c h ga\'e me: th e opportumt y to 1n c 1'l.'asc: 111 ,~ntor~ to mcc.·t the.•
demands of the commun ll ) Also. thro ugh the cffons of th e vo lunt eers I ""' abk to dl'ia ) the high ·o,t ut
luring staff 111 tt'rms of a ne\\ bus mess . Our book and mformation ce nters have bee n a valuable re so urce
for sc hool coun se lors, therapi s ts and loca l teac hers . Si nce we ca1Ty a thorough mve nt o ry o f materia l that
cover add1c11011 s. abuse. blended fanuhes. self-esteem. anent1 on deficit disorde r. hyperac 11vi1 y, et cetera. "e
are kl1own as a re source ce mer throughout the metropolitan area in helping adult s and c hildren d eal "ith
these iss ue s . A nd. finall y. the s tore has evo lved into a resource for materials on mental , ph ys ica l and
s piritual health . These are core val ues that I believe yo u will tind 111 every 111depende111 bu s me ss and
virtua ll y never sec in a big box formula warehouse . Mentall y visit such bus me sses as the Trad111 · Post.
Kaufman 's. Conni e 's stained g la ss bus ine ss. C ountry G ardens floral and tea room. La l'o rta Art \,alkr; Jnd
pack a local independent gallery that you support and yo u can easil y identify what their value s arc and" hat
they bring to this communit y. These businesses are what make Englewood urnque and draw c u ·to mer,
here. T hen look at what the core values might be for Wal-Mart, Home Depot . Borders Books and Barnes
and . 'oble or any of the formula s a nd what is there co mmitment 10 thi s commun11 y'! You . as a ,·usto mcr.
want excell ent service. knowledge of product. respect and suggested alternatives . These are al so th e ,alues
that you lind in lo call y owned bu sinesses . It is time to equa li ze the playmg field for e veryo ne . If you "ant
10 preserve independent bu s mess and what make s Englewood unique . then the se c111 z ens haw to tak e a
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res pons ible pos 111 011 and 11 01 subs 1d1ze big box. l:ng k\\ood 1s landl oc ked" 11h co mmu11111e s all around u,.
th1 1s nothmg ne\\. and 1fyou continue to tak e ,·aluable land to c reate anothe r fo rmul a box"" lose our
umque ne s . Ju s t yes terday. 111 conversati o n at the booksto re. a custo mer said ... I come he re 10 shop from
Ken C aryl becau se my o nl y choices out th ere are ware houses ... Anoth er a rgument fo r sec unng
mdependent bu s in esses so they are able to thrive and grow 1s referred to as a multiplier effe ct. Local
bus in esses re ly o n loca l accountants. attorne ys. publi c re lati ons ex pens and marke ting ex perts . A c ha m
tends to have the bulk of ll s bookk eepi ng. accounting. legal expertise and p romot1onal \\Ork do ne at 11 s
corporate oflice, mo st of whi c h are o ut o f th e community. Local bus me ss 0 \\11ers tend to s pend a
subs tanua l amount of th e ir profits 111 their communities. while chain store profits go to the ho me offi ce.
One can ee th e multiplier effec t when mone y is kept loca l to suppon local bus ine sses. sc hools. servi ces
and the benefits of recirc ul atm g mo ni es throug hout the co mmunll y . The plans 10 mo ,·e 10 C 11 yCe nt er and
expand Corners tone Books 10 become a more mainstream bookstore ha ve been halted w11h th e prospec t o f
Borders Books . T he y are. requ estmg excl us ivity of the Ci tyCenter s ll e . Corne rstone Books has nego ti ated
a non-bmdmg lease with Miller Weinganen to lease space to includ e a full se rvice newsstand. more
ficuorvno n-ficuon lilie s. bus 111ess 11tle s. a coffee can and the store ha s a lready mcreased 11 s gift book .
upgraded its inventory sys tem. poi nt of sa le and access to books in print to accommodate the 111cre ased
traffic and the demands as far a s the busi ness vo lume . In c lo 111 g. ma ny commun itie s are 1ak111g s tep 10
re serve diversity b y modifying zoning to prote c t th e t0\\11 S from s pra"I. nnpact of traffic and neighbo rhood
character. There are city ordinances barring s to res over 65.000 square feet and requ irin g th ose that e ,ceed
25 .000 sq uare feet . 10 mee t des rgn guidelines. S11e re s1nc11 0 11s keep t he huge sto re s o ut. ldent1fy111g
hi stori c commercial d1 s mc1 s. "h1ch we ha ve here. by orchnancc. e li111111a1 e the poss 1b1ln y o f u111 fo rmll )
T he se laws ei ther ban altogether or 1111111 th e number of for mula bus me sses that are a ll o wed Towns lik e
Salt La ke Ci ty. Rockvi ll e. Ma ry land. Sa n Fra nc , co . 13msc•. Idaho . Port klli:r,on. :S:<'" Yo rk . haw beromc
proactive in their public po li cy to preserw th ei r local Il a, o r In Ca l1 fo rn1a the re 1s a ,urrenl kg1 ·lam ·e bill
to ensure that all retailers w11h a ph ys ical pre ence 1111h c ,1a1 e. co llec t sal e; 1a, o n ln1ern e11ransac 11 0 11 ;.
The .S . Supreme Court has already rnled that an ) hus mes that ha ;, a p hy 1ca l pr,·scnce 111 a state . s tor,·
warehouse or o fli ce . mu s t co ll ect sales tax e on goods purc hased b) ,w e re s 1de111 s . n11 apphe, 10 all
retail sale s . mcludmg m-s tore. mad order and ln1 eme1 purc ha,e S e,crthcles. a numbe r of na11 011al
chains do not collect tax on their l111erne1 sales . The hst 111 ludc, bus messes \\ho e ph y 1ca l presence 1s
unden iabl e. You kn ow ,<h o the y are : Barnes a nd :S:oblc, Borders Books. G ate\\ay Computers. Sam Good)
Records . These compa ni es co111 end 1ha1 1he1r \\eb and rc 1a1l o pera11on s are se pa rat e . Their \\t·b nc s ha ,c
no phys ical prese nce and th erefore are 1101 re qu1r ed 10 oll cc t a les taxes a nd II is JU St a matte r of tmll'
before there will be another anmue fo r ge neratm g ale ta\ and creatmg a nothe r step to wards Je,·ehng ou t
the bus mess playrng fi e ld . The c urrent game bemg pla yed 1s another attempt to evade th e law and gam an
unfarr advantage over local retailers. 1 o nl y represe n1 "hat other mdependent bu s 111ess O \\ ncr have said
before me . This is a remrndcr fo r us to prote I "hat we va lue m bus ine ss and se t policy 10 prewnt more
formula bus ine sses fr o m ruin111g Engle"ood·s umquc d1vcrs 11 y.
(c) Li sa Knud se n. Execut iv e Directo r of the !\1 o un1a111 s and Pl a ms Bookse llers Assoc 1a11 011 .
s he explained that they arc a no n-pro fit assoc rnt1011 o n grnall y fo rmed 111 Denver about 4 0 ye ars a go . ·1 he)
have about 265 member s tores m th e region and about 135 o f th ose are m Colo rado . She noted Coun c il
received a packet that was forwarded to Counci l from her. through Ms . G umther. Ms . Knudse n poi nte d out
an error in th e packet. She had 111d1 ca1ed the s ize o f th e proposed Border S tore was 50 .000 square fee t. bu,
s he unde rstands that. as proposed. II" ill be 25 .000 sq uare feet. She stat ed that her assoc1a 110 11 1s opposed
to th e Border store coming into Englewood and . she aid . s he had several poi nt s she wo uld lik e to make .
First. s he sa id . she wanted to g ,w so me 111 fo nna11 011 o n th e back ground. the nature of th e Border co mpany
n se lf. They are a hu ge compan y. forma ll y O\\ ned b) K-Mart Borders merged wi th Waldcnbooks se ve ral
ye ars ago and now ha s approximatel y 300 Borders supersto res. 1200 Walden books tores as \\ell as
borders .co m. The y are not a mo m and pop opera110 11 . alth ough occas1onall y the y do po nray thcm,el\e, 111
that li ght . T heir produc t mi x ,s mo re than JUSI book s T hey have book ,. mu s ic. ,·1deos. g ift s. s undnc,.
magaz ine s. newspapers and a coffee s ho p . Ms. Knud sen po int ed o ut that a ll o f th e alread y establi s hed lo,·al
busmesses he re in Eng lc\\OOd would be affec ted 1f a Borders op<'ll here : 11 1s not Jus t the book store s. S he
said she wanted 10 discuss their di scount prac 11 ces. and noted these are prac ti ces that are commonl y
followed by the nati onal c hains . When the y co me int o a new market the y sometimes se ll items below their
o ,<11 cost. Some c ha111 s have been acc used of predatory pncing . S he explamed that the definition of
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predatory pricing. as desc nbed 111 the herman A,·t. 1 the delib.:rate sa ntice ofpresenl r,·,enues for th,·
purpose of dnvmg nval s out of th e market and then re.:oupmg the losses through higher profit, earned 111
the absence of competiti on . The cha111 ha\"e \er) deep pocket . she ,a,J. anJ the) an afford 10 hunk er
do,,11 and wait unti) their compe titi on ha s b~l.'11 drl\ t'n out of busmt"S:, Sht· nu11ntaml'"d thJt ,, hc-n thl'~ JI\.'
interested in a particular market. Borders and other big bo, c ha111 ,. 111dud111g Wal-\1an. CH) \brkel> Jilli
o ther la rge nati o nal c hams. play o ne talent aga111 s 1 anotht'T to get the biggest possible breaks o n 13\e, I he )
use the sa me tactics to get advantageous leases. u uall) pa) 111g considerably !es th an "hat ,s o tlcred 10
inde pendent businesses. So th e taxes that independent bus in esses a nd th e citize ns of the communll ) pa).
are being used to s ub s idi ze chain compet111 on . I find that ex traord mary. s he sa id. and I fi nd that II 1s, ery
commonly d o ne . but I also find II ex traordman th at a commun11y \\Oul d tak e those taxes and use tlwm 111 a
wa y that could help put the independenl busni-·sses out ofbus ,ness. 11 see ms 10 me. s he said. that the se
independent subs idi es. whe th er the y are breaks on IJ\t'S or tran s late to ab•!! bo, st0re pa, 111g k,s per
square foot. .. ho"e,er these tlungs are l\Orked out. I led that that ,s unfair and s hould be stopped . And ,r
they are getting subs 1d1 es. \\hy aren·t th e other busmesses 111 I0 \\11 gett in g ,ubs 1d1e s"' \\"h) 1,11 ·1 Deb
G uinther. or an y of these ot ht'T 111dcpe nde111 busme ><'>. b<'lllg 11b,1d1 1.cct ·• Frc411,·m!). lw ,J 1d. ,he thougln
the se tax br ea ks are g iv e n m an11 c1 pat1on of large: :ialc~ ta x rev enue s and Ill.'\\ Jobs Sill' -J,d sh1..~ dUl.'!!111 ·1
assume that yo u all are villa ms. that ther e 1~ a rea:,on \\ h) a ell~ cu u1K·il ur other go, t·rmn g bud11..·:, "o ul d
want to have more sales tax revenues to pronde more serv ices 10 the co 111111111111 y 8111 111 fact. a nu mber of
studies have been done that contradi ct thi s ass ump11011 . parucularl y 111 a commun11y where sernces arc
being duplicated. which 1s the ase w11h a Borders 111 E ng lewood . Ms . Knudsen sta ted that ne" s tore s d o
not c reate rea l economic groc\lh. She noted there \\Cre some b 1bh ograph y materi a l 111 \\hat he se nt
Council that refe rs 10 th e studies th at ha ve been done o n thi s . What happe ns is that the spendmg 1s s 1111pl )
s hifted from o ne area of th e town to a1101he1. s he said . a nd 111 fac t a Borders. or m many cases a ll'al-'.\1an .
is pst ca nnibali z 1ng their bus111ess from existi ng retailers . She o p ined that Job and tax ga 111 s at the ne"
store are off-set b y lo sses at ex1s1111g retailers produc 111g only marginal overa ll ,mpro,·eme nt or ewn a net
decline over time . There are some examples 111 what she gave Counc il. sh e sa id . S tudi es \\ere done 111
\ ermont. Massachusetts and New Yo rk. she said. just to name a few . where th e c ity councds and othe r
govemmg bodies did the re search ahead o f time and d ec ided no t to 111 v1te 111 cha ins fo r thi s rea son . he
pomted o ut that the ne " Jobs that are promised by the large cham s are frequently part-lime JOb and are 111
fact low paym g . 1l1e reason fo r thi s is that bus 111esses don't have 10 pay benefits to part-lime emplo)ee,
and al so. the management is rarely hired locall y . They bring manage me m m from h eadquart ers And, er)
importantly. th e pro lit do no t sta y in the commu111t y : they go o ut of state 10 corporate headquarter;, I h,
is the mult,plicr t'ffect that "e are talk mg about. where the lo cal bus 111esses use the se" 1cc . banks.
adwrt1 s111g a!!cnc ,e~. marke1111g . realtors ... all kind s of se n ·,ccs that the y use here local!) 11131 ,snot th e
case w11h the nauonal c ha 111s . She th ought there "as a real n sk 111 an) conm1un1t ). pu111n g 100 nun) tJ\
eggs ,mo one basket. he a,d she 1s refernng to Borders and 10 o th er large na11onal d1a111 s I he se l ha111 ,,
because the ha,e so many stores. routme ly close tores th at do11·1 perform adcquatcl}. kJ, mg the
communit y w11h a la rge empt y b u1ld111 g and greatl y rc·du ced tax re,cnues . becJu e the 111,kpt'ndc111 , lllJ)
ha ve been dnven o ut ofbus mess. Anot her po11111 s that th e Border store, e ncourage customer, 10 ordc1
from them o n-line . S he sa id M s. G u1111h er touched o n thi s and s he th ought II \\as ,er) 1mpona11110 note
that unde r the c urre nt laws th ey are no t required to co ll e,t ta xes 0 11 l111 crne1 sales. the n y of Engk\\OOd
w 1ll be mak111 g no th111 g on th ose Interne t sa les . She sa id she l\anled to g ive Counc,I a littl e 111format1 0 11
that is book 111du s1ry s p ecific, b ut 1t affects a ll of us. T he net affect of the Borders a nd Barnes a nd Nob le
ascendancy has been that there are in fact. fewer books published and they cost m o re . Pan of th e way th at
th is c hams s uccess ha s been aclueved is because Borders a nd o ther natio nal cha111 s offer d1scounls . which
111dependent s cannot matc h . Tht'y are able to do that because they receive niaJ Or discounts from s uppli ers
for their large o rde rs and that 1s reasonable. she sa id . Borders and Bames and Nobe l's combined sa les
make the m larger than the top te n publishers combmcd. gi v111 g them huge power so they ha ve been able to
deniand s pecial d eals . T he A mencan Booksellers Assoc 1a11o n , along wi th twe nt y-six 111depe ndent
books tores brought s u it against Borders and Bames and Noble in 1998 . allegmg that th ey used th e ,r market
dommance to o bta111 unfair. illegal di scounts and promo ti o nal allowances from publishe1s . T lllS ts the
second half of another group of lawsuit s that were brought about seve n yea rs ago b y th e ABA agains t th e
publisher s alleg111g that they were g iving unfair deal s and promot1011al allowances 10 Borders and Barnes
and oble . The ABA sued s ix of the largest publishers 111 the country; they all se ttled out o f court , they had
10 pay legal fees for everyone and to sign consent de c rees. Ms . Knudse n said s he wanted 10 emphas ize that
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neith er th e American Booksellers Assoc1at1on nor th e Mo unt am and Pl ains Bnok sellers Assoc1a11on . or
an y of their me mbers. are agamst co mp etiti on. We are all 111 compe1111 on "1th ea ch otha Al l '"' ha, e
e,er asked fo r ,s f:ur bus111ess practices and a leve l pla ymg field. he thanked Co un c il fo r th eir 11111c·
(d ) Paul McMath. o f i\lc\1ath Properti es. ad, 1sed th at the repre entatl\ e fro m the I J tl<'1cd
Co\'e r. who was cheduled to speak to111ght. 1s not go mg to speak beca use ofa potenti al leg al co ntl Kt 111
an other law suit agamst Borders. He stated he is an Englewood re s ident. that he ll\eS at .i -1 0 ·outh
Bann oc k treet. and he ,s an Englewo od sma ll bu si ness perso n. He sa id he gre" up 1101 far fr om h,·re Jn J
he use d to nde l11 s bike a short distance to ge t to tl11 s sit e to h11 dnvmg ran ge go lf balls and pla ) go lf I hat
land 1s directl y underneath tlu s C 11 y Hall . Mr. Mc Math noted that he is al so a former co un ,Iman and
mayor pro tern of th e C ity of Greenwood Village so he know s the process Co uncil ,s go in g thr oug h Jn d he
empathizes wit h their in vo lv ement. Mr. McMath stated he is ,·ery impressed " 1th th e organ11a11on bd1111J
the independent booksto re s. Ms. Knudsen . her staff and th e American Bo okse ller' Assoc 1a11on . ha"· do ne
th eir re searc h. th ey are well organized. the y are prese nt111 g themse lve very "ell. and th e) are" il hn g tu
commit resources on behalf of Englewood's independent booksto res . He noted that thi s ,cl'llan o ha,
played its elf ou t elsewhere in the co untry and so me of th e battleground s are clo e to ho nw 1J ould c1.
Dillon and now Eng lewood . In Cahforma th e sk1m11 sh ha esca lat ed 10 a Ja \\SUlt agam>t Bo1de" J llegmg
\'iolations of the Cahfomia Cnfair Trade Pra cti ces Ac t and th e Ca h fo rn,a L'nfair Co mpe1111 on LJ" I k
stated the se banles With Bord ers are surpnsmgl) \\CII do ·umented and th e s1ra tt'g1e s are ,c'I oul lJ 1ri )
clearl y. He named so me of their resour ce tltk . Defendmg Aga in t th e uper stores. Lo cal JJu s,n,·»e,
Threatened. The Homet ow n Adva nta ge . Ho" to Defend Yo ur \!lam Str ee t Agamst Cham Store s. JJord er,
Threatened 111 Boulder. Co lorad o . He noted that 111 San Francisco loca l bookstore are fightin g again st
having a Borders come 111 there and th ey are \\llllllt1£ th e ca c . Market Ca 11111bahzat1 on and the Mult,pher
Effect \\a s the title of anoth er article . Mr :Vlc:'>lath o pin ed that all of th is po 1111 s to the fact th at 111tkpendc111
books tore s 111 small IO \\ n co mmu11111 e, are par11cularl i , ul ncrab le to th e ,m as,o n and ta r tic , of Bor der,
Thanks to th e orgamza11ons menti oned earlier. h,· ,a,d . "e haw th e tool;, 10 cffrcmely fi gh1 thi, 1mJ >1on
and "e are 111 for the lo ng haul 1f ne cessa r). He co mmented that there are model that are pla) mg out and
pharmac y businesses are a good exa mple . Smee 19go. h,· stated . 1 1.000 mdep endcnt ph ar ma c,e ;, ha , e
clo sed . In 19 87 65°0 o f the dru gs to res "ere o "ncd Jo calli . toda y the md epe ndent s ha,c o nl ) 20°0 ut't h,·
market or le ss . In Englewood . ou tside of th e hospital pharmac y, he sa id . he ca n o nl y thmk ot'o n,· 01her
pharmacy and that ,s th e one 111 the medi cal build mg on Clark n trect at Hampd en. V1d,·o store are
another example . Bl oc kbu ster rents o ne out of thr ee ndeos natt o n,\lde. The seco nd largest cham ,s
Holl ywoo d Video and the y co ntrol 10°0 of the mark et. He asked Coun cil 1fthe y could thmk ofan) o tlw r
vid eo store s that exist 111 th e C it y of Engle\\OOd. He said he co uldn 't. The Cit y of Englewood 110 \\ ha, ten
or eleven independent book store . whi ch. he sa id . he de termmed after se ar chin g the ye ll O\, pa ge s and thi s
was within the Englew ood nty limits usmg the Engle " ood ma,hng address . He asked ho " man) o f the ;,e
names will be 111 the ye ll ow pag es three year s from now 1f Borders rea ches th eir goa l of puttin g a siore in
Cit yCe nter. \Ve have heard ab out retail conso hda t1 011 s threa tenmg d1s tnbutor s. he sa id. and he "011 ·1 go
into that. We ha ve al so heard a lot about the mult1phcr effec t and he wo n 't go 1111 0 that. Ckarl y. he
pointed ou t. th e independents ha ve so me advantage s 111 supp onmg the loca l co mmunll ). "lrn:h Burtkr, "ill
not do . He noted th ere 1s an 111tere st111 g article prepared by Lo ren Shepherd. a C PA. wh ich appeared 111 th e
Eng lewood C hamber News letter 111 1996. Ba sicall y he say that 111 1980 the total sale s tax fo r th e Ctt y
revenue wa s $7.1 mil hon with roughl y half of tl11 s comi ng from 111derella C tt y and this wa s dunng th e
Ci nderella Ci ty he yda y. In 1995 the sa les ta x reve nu es were nea rl y doubl ed. S 13. · 1111111 011 . and tlu wa s
without th e reso urce ofCmder ella C 11 y add111g anythm g to th e tax rolls . \11r. Sheph erd th eonzed th at
perhaps th e opposite ,s go mg to be tru e. Tha t when th e bi g box store s go 11110 C 1t yCe nter "e are go in g to
Jo se ta x revenu e fr o m th e small businesses and the gr0\'1h will not be as big as antt c1pated . He po111ted out
that 1he1c are a fe" oth er impa cts on o ur co n11nu111t y \\'hat abo ut the co mmer c,al core·' ln dept·ndent
bu smc sses are th e backbone o f a nbrant dO\\nt0\\11 . th e hea rt and soul o fa co nunumt y. Ht· stat<·d that
large scale cha111 store deve lo pment often heral d, the demi se o f th e central bu s111es;, distm:1 neat111 g a
down\\ard spiral ofva,·an cies . blight and di sco ura ging ne" 111,e stment . What about 1rartic '! I he big bo .x
chain stores draw from a big area . th ey will brin g 111 as man y as I 0.000 cars a da y. Re ga rd111 g co m111un11 y
character, he said. locally owned stores create a se nse of pla ce and commum ty 1de11111 y. the y re ll ec t th e
local culture and the y give communities their di stinc11ve navor. C hain store s. he stat ed, sa p th e
co mmunities of the ir chara cter and mdi viduaht y. And what ab out c 1\'i c mvo lwment ·> lndcpendellt
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bus mess o wners o ft e n ta ke a leadership ro le in community a ffa irs. th ey c hair ne ig h borh ood orga111za 11 o ns.
host cultura l event s a nd orga ni ze loca l festiva ls and th ey eve n ge t 111,·olved m local government Bccau,e
they li ve in th e pl ace where th ey do bus mess the local owners get mvo h ·ed and commmed to 1he
communities \\e ll be mg . They o ft e n spo nso r and ho ld event s . T here 1s a lo t at s take here . he said. and
ho pefully Counc il "ill ta ke a ll th is in fo rmatio n th ey hea rd to mg hl mt o account dunng their deci,1on
ma king process . O ne las t thmg needs to be e mphasized . he sa id . Debb ie ,umther. 1he O\\ ner ol°
Cornersto ne Books , has mad e a commitme nt to take s pace at the Engle " ood 11 ' cnta I behe, e ) o u
have reviewed her bus mess pl an. he said . and there 1s a len er of int ent from her that ha, been ,gned b)
bo th parti es. At the Study Se s1o n las t Mo nday. he sa id. "e learned that if Border, .:o me;, ntto C 1t yCe nte r.
Ms . G uinth er 1s o ut. because of the non-compe11t 10n agreement 1hat Border ha;, ;,.Ir ;\k;,.l a1h as~ed 1hat
Counc il pl ease s uppo rt th e Engle\\OOd md e pendent b usmesses and their ab,ht y to gro " \\1th111 our
community. He sa,d there arc a lot of peopk here tomght and he a ked that ,·,,·r)one stand up 1ha1 \\JS
present to su pport thi s cau e . T hey stood up and he t hanked tlwm. In clo,mg . :\t r \k;,.l ath ;,a ,d he had a
copy of th e Englewood C ha m ber of Commerce Directory a nd Bu)er (iu,dl' and thcr,· 1 Jn 1111e1e,11ng
mo n o o n th e fro nt . It says big Cit) h nng. mall town appeal. Lei, ke,·p II th at "a). he ,a,d I k thank,·d
Counci l.
{e) Buster Keenen. o ne of the ma nagers of the 13oulder BooblOll'. thank,·d l llUnnl Im th,·
o ppo rtunity to s peak to ni g ht. He said he hves at 2 120 an yon 111 Boulde r. that he do,·, not II\,· 111
Eng le wood and he ne\'er has. but he 1s a fourt h ge ne ra uon Co loradu natl\ l' Jnd lw 1hough1 he umkrs1ood
some o f the concern s Co un c il has . Some of the thm gs the y haw to balance b,·t"e,·n ,ales tJ\ re,cnul'. to
b ring in th e mo ney the commu111 ty need . and the need to sen'e the communn, 1hat 1;, gene,au ng th ose ta,
reve nu es . Mr. Keenen sa id he \\3S go111 g to speak to Co unc il a littl e bn about" hat 1;, happl'nlll g a ross the
count ry wi th rega rd to Bo rders and the ir att e mpt s to move int o va n ou commun,ues and also \\hat ha s be,·n
ha ppe ning in Bo ulder s in ce B o rd ers anno un ce d that they we rl' pl an111ng to 1110, e there In San !-ran 1sco .
he sa id . fro m Octo be r of 1997 to November o f 1998. Bo rders att e mpt ed to mo,c into a lo auon on L'111 on
Street. T hi s is a locat io n whe re the busi nesses are large ly sma ll : t he zo nmg 1s actuall; set for 2500 ,quare
fee t fo r th e maximum s ize bus in ess. Bo rd ers ca me 111 a nd re quested a , anancc 10 o pl'n J buok,torc that
was 25.000 square feet. whi ch was va stl y o ut o f th e commu111t y charac ter Wh,·n th ,· p!an.11111 !,l bua1J told
the m th ey needed to scale that d own . they d ro pped It down to 19 .200 ,4uarc te,·t Still , a,tl) h1.;ha 1hJn
wh at the rest o f the communi t y was . After month of mee un gs. heanng, and the co111mu1111) bl'com111g
mo re a nd more involved, and coll ec tin g o ,·e r 3400 s ig natu re op pos mg the Harder opcnmg. 1he t II )
Council eventua ll y voted s ix to no thmg that Borders hadn't presented enough rt·a on-to grJ nt ,u-h J IJ1 g ,·
va ri ance . Fro m January 10 Ma rc h of 1999. Borde rs at1e mp1ed to open an equal >11c ,tore Ill t ap11 0I J .
Ca li fo rnia. At eac h mee tin g th e (onununit y mvo lve me nt ke pt grO\\ mg and gro" 111 g un11J ~l.'H'IJI hu1h.hl·d
peo pl e were showmg up for mee 1111 gs. Eve ntua ll y the Cny Coun c il , oted to appro, a I _.soo squJre loot
sto re. rathe r than the 25.000 square foo t sto re Borders had req ue ted At whic h pomt Border declined 10
o pe n any sto re at all beca use II d 1d n ·t mee t w ith th eir needs. In Santa Crn7. from la te ummer to earl) tJll
of 1999, Bord ers att e mpted to open a bookstore . T he Cny Counc il approve d an ordmancc lo 1111111 lar ge
bus messes in thei r downt own area , but fina ll y voted no t to b lock 1h,· opcm ng of the 23 .000 ,quart' loot
Borders unde r threa t ofa laws uit fro m th e Borders Corporati o n . In Boul der las t )t'ar. \\C d1 sco,c1ed tltJt J
Bo rders was mov mg in a nd people fro m th e commun n y started cunu ng to us a nd ask111g \\ hat the ) could do
to he lp pre ve nt the Bo rd ers fro m openin g . We coll ected names a nd sta rt ed ta lk ing to members of the
commun ity. He no ted th at a t 1hat pomt t he y were able to ta lk to peo pl e w ho we re ca nd ida te for thl' ( II)
Counc il to kmd of te ll th e m wha 1 o ur concern s \\ere and to see what concern s th ey we re hea n ng from uthl'r
people . T hey determmed th at in Bo ul der there \\US a la rger iss ue. he said . Boul der was los mg the ir
c harac te r compl e te ly beca use of th e inllux ofcha ms and we we re becoming Just like every o th er
commun it y. H,· sa id they dete rmined that if th ey became e ntire ly made up of the sa me cha m storl'S lhJt
yo u see everywhe re e lse. peopl e wo uldn ·t come to Bo ul der to spend their mo ney. It wasn ·t go mg to do
the m a ny good to have all these extra c hain sto res o pening bec au se the re wo ul d be no th ing to dra\\ people
in. So. he ad vised , a t that po int we proposed a four -part o rdinance to the C it y Counc il. TI1e firs t pa rt wa s
to p ropose that th e C it y of B o ul de r e nact an official b idding prefere nce to local contrac to rs. loc al
bus in esse s. Based o n th e premise that mo ney s pe nt w1th loca l busmesscs will tum bac k aroun d 10 the
commun ity. Mr . Keene n o pmed that those loca l bus in esses. because of the multipl ier effect. \\O tli d haw a
muc h large r impa ct o n the communit y than mo ney s pe nt o ut s ide . The amo unt o rig ma ll y pro posed wa,
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so metlung o n the order o r five to ten perce nt. \\"h1 c h. he pointed o ut . doesn ·1 make that muc h mone) o n
the: onganal contra ct. but \\hrn that mone) 1s turnc:d bal.'.k arou nd to the rommunll). 1t 1..·Jn makl.' J !J1g_l"
difference . T he second pan of th e pro posal "a, to require th at th e commt·rcial properu,·, 1ha11 lw C II ) or
Boulder o wns and lea ses. be g l\·e n fir st cons1dera11on to loca l bu s mess,· . -,nee the profil from 1h o,t·
spaces \\Ould be turned bac k around 10 th e commu1111~. Th e 1hirJ pan . "hich. he noted . "J> J1J,11,·J li)
more contron:r ial. wa s 1111111111g the o pe111ng of any ne " c ha 111 s1ort· 1111he C11~ of Boulder. ou1>1de 1hc
commercial enclosed mall area . We haw one e nclosed mall 111 Boulda. ross road s. he sa id . and 1ha1 1s
o ne of th e major commercial area s m t0\\11 . Outs ide of o ur o ld do\\ntown area .1h a11 s 1he maJor
conm1ercia l area and we d1d11 ·1111cl ude th at 111 o ur hnlll s o n ne w c ha111 s to re \\",. a,d 1ha1 arca hJ s J
101all y different charac tcr. 11 ,s 11 0 1 n g h1 10 mclucle 1ha1 area. tha1 area 1 110 1 pan of " ha 1 dra", peopk Ill
Boulder 10 s ho p . 11 ,s a shopp mg area . but pe o ple come 10 Bo ulder 10 sho p for ot her rea so n He stated \\C
did ay tha1 rather than ban o utlet s 111 C rossroad s. "e · d JUSI say 1ha1 a ny1h111 g 1ha1 "as o , er 12.000 s4ua rc
feel s ho uld come under funher c ru111i ) and bas 1ca ll ) ha,e pubhc hcann!,\> so 1ha 1 the me mhcr of the
communll ) could 1e ll 1he C 11 ~ \\hat Ili c) frh abou11host· bu 111esse,. 1fthey '"·re gomg 10 enc lill'ir n,·,·,h
or 1f th ey \\Cre JUSI gomg 10 be an o th er redunda111 bus111c s 1ha1 wa s rca ll ) 1101 gomg 10 do the II) Jtl)
good. We prese111ed thi s propo al 10 Ci ty Counc il. he said. a nd th ey a ked the l ll ) . .\nome) 10 take J look
at ll. The C 11 y Anorney to ld us o n a Thursday a tiernuo n 1ha1 the) "ere gomg 10 be d1 cu s mg 11 o n
Tuesday night. So, he said. we 1mmed1ate ly turned 10 that li st of people \\ho \\anted 10 be m,o hed 111
keeping Borders out and they turned around and se nt over 200 e-mails 10 the C 11 y ouncd o ppo ,mg
Borders. That wa s more e-mails than th ey had e ,·er rece iv ed o n a ny 1op,c 1ha11he) had <"u ns,d,·red I k
noted we would have used o ther methods ,f "e had had mure 1han a k" da), 10 approJ ·h p,'o pk J nd get
them behmd us . Because o f1h e amount ofsuppo n \\e had . he sa ,d. th e C o un cd mrned around Jnd wlJ 1lw
C it y A norney to stan draftin g pans o ne of t\\O for them lo cons id e r makmg la" In th e 11111e 111cc 1lwn pJ11
one ha s made II through li rs 1 read mg a nd been a pprO\ ed "11h o nl) o ne no ,0 1e and th e ,ernnJ pJn i, ,1,I I
bemg drafted and pans 1hree and fo ur are 1111 under 1ucl y for what a,tual eco no nu c 1111pac1 1h,·, \\Uuld
ha,·e o n the C'Hy. Mr. Keenen ad vised 1ha1 Bo rder -wo uld be o pe nm g 1heir store 111 13 o uld er "11h 111 J "'"
da ys. beca use their proJe c1 \\aS mo far along for us 10 pre,ent II b) 1h e 11111e \\e go11 0 1he ( 11~ 0uncd But
all the I sues that were rai sed by 1he Bo rde rs ope11111g are st.II unde r di sc us 10 11 . are sull '''"l ,ahd JnJ ,e,)
much a pan of conversation m Boulder Pan of 1ha1 conve rsa u o n 1s "hat pan a bu s ine ss s hould J IJ ) 11 1 11 ,
community a nd what kind ofa c 1t1zen a corporauo n should be lfr o pmed 1ha1 th e "a' 13 orJc-r, ;k,m th e
sales ta x issue on their internet sa les I an example of the kmd o f resp o ns ihdil) tlw y feel IO\\J rd th e
communities \\here their stores are loca te d . \"111u alli ner) pro111011o nal 11 e 1111h a11heir ,wre, ,h tnhutc
mcludes the web address or ,ugges1 10 the c:u,10111ers 1h a1 ha,e gone 111 10 the mre. 1ha11he~ shop 0 11 hne
He e mphas ized 1ha11101 o ne ce nt of those s ale s '"II benefi l 1h1 s co111111unl1). Barnes and :-.:obk. Border
larges t corporate compet11or ha, ag re ed 10 colkc1 sale s tax o nlme . because they are no " pulling k,o;ks 11110
the ir s tores . Borders ha s no such plans . T he ir efforts 10 c hange zonm g. s uch as 1ha t from 2500 10 25 .000
s4uare fee t. how how much the y wam 10 fit inio communities and how the . deal \\llh ea h 10 \\ll 111 a
cookie c utter approach . Booksto re s are m many \\a ys a famil y. he sa id. and that 1s pan of"hY "e are here
10111gh1 s upponing the loca l bookstores here. But. he po1111ed o ut , no o ne hkes a bully and 1ha1 ,, kmd o r
what Borders and Barnes and No ble have turned into . They haw been o peratm g beyond 1h e pal t·. he sa ,d ,
and that is wh y our national association ha s filed sun agam t Borders and Barnes and Noble . 11 ,s pan of
the re ason wh y no one from Tattered Cove r could be here , because they arc pan of 1ha1 la\\s u11 and th ey
could not appear in public opposing Borde rs . 'vlr. Keene n sta1ed 1hat 1111he la s t eight years the number of
mdependenl books tores ha s gone from 5300 10 3500. th e square footage of booksto re s 1111he ,oumry ha s
quadrupled and the number of books so ld ha s stayed vm ua ll y und1ang ed . Havmg a Bo rder open here ,s
no guaramee that there will be an y more sa le of books 111 Englewood . he said. and 1fthe na11 0 1rn1 de panc m
contmues there would11·1 be . Quadruphng the s pa ce ha s 110 1 sold a s ingle extra book. He thanked Coun c il.
{t) Bobb, McCandle ss . O\\ne r of Co untr y Garde ns at 2 00 South Broad\\ay. stated s he ,; 11 0 1
a bookstore. but s he 1s an mdependent s mall bus iness o \\11cr and a good friend of Debbie G u mt her of
C ornersto ne Books . S he noted thal "hen s he was g l\en th e package of 111fonna11 011 she rea ll y d1d11 ·1 kn o\\
too much about "hat \\·a s going o n. But as s he read . she said . she reali zed tha t as a small bu s in ess. 11 "as
very sad 10 see tha t we reall y do11 ·1 have muc h say. We an come up here and ex press o ur rnnc,·rn s. s he
said . but when the town o f Dillon and Boulder rallied 1oge1her 10 fight 1hi s s itua11011 and 10 vo,c e th eir
o p1111on 11 didn "t \\Ork. it did11 ·1 matter. Boulder said 1hey "ere a httl e bit la te. but Dillon fought from the
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be g innmg and she th o ught. where are tht' s mall bu s me ,s nghts I She pomtcd out th at "e a re th e
personal11 y and th e charm ofan) I0 \\11 . \\het her )OU arc s ma ll . nw d 1um or large . Eng le\\OOdJ U I ca me
throu g h and modifi ed o ur treets and II 1 111 ce and our s mall bu,messe ca n ,et up there \\"e are s omething
s pec ial and peo ple ca n o me and stop to s hop he poi nted o ut that "e do ca ter to our people and"" offer
them s pecialties that they cannot ge t an ywhere e lse. I am 111chrec 1l y affected. he sa id . because" hen Ill)
s mall busmess owner fnends start gomg o ut o fbu s mes II affec ts all of us. because th e n"'" have ,aca 1K1e,
and empty stores and our revenue doe s go do wn . I am he re as a s mall bu me ss o wner. she aid . ba ,call)
offe nded that a multi-million dollar compan y 1s offered a subs id y to mm e m. \\he n \\e stru ggle dad ) a,
small business owners. do our own promoting and \\Ork \\llh people in o ur ma ll com111un111es and "h,·re "
the subsidy to help us ? Maybe 1f we "ere s ubs 1d1 zed a little bit. \\ e could add mo re e 111p k1) ces. and "e
could have more to se ll and we could bnng in more revenue . he asked that Coun c il not ge t nd of the
small business owners . Ms . :'vl cCandle ss stated \\C lo ,·e II here and o ur busmes es a re begmnmg to grc"'
and we s upport each other. She th an ked Co un c il fo r h ste nm g to her.
7. 1'"on-scheduled Visitors
(a) 8111 C'la)1011 . 95 ' Ea I Corm·II . s tated he ts a res ident of Englc\\ood. a mall bu,111,·,sma n
and the Co-President of th e Greater l:ngle\\OOd Chamber ofCon1111 erce. f he C hamber ha been J,l.cd bi
fo lk s on bo th sides of 1h1 s iss ue for s uppo rt . \Ir. C layto n adn ed th a t the C ham ber ofComnwrce Boa1d of
Directors ha s no t had an o pportu nit y to dIS u s 1h1 s pecific iss ue 111 order to mak e a re comm enda11 011 tlm
evemng . In parti cular . he aid . "e are not go 111g to co mment on the iss ue o f pr o \ 1din g a sub s1d:. bt"C3Ll !,l.'
we do thmk that I an issue our board s hould tah· up . 1·m s ur e. he no ted . th at "e "111 ha\e a lo t o f
mtere tmg dis u 1011 about II ll o \\c ,er. he ,aid . he s po ke to hi s Co-Pres ident Ten D10n. our Executl\e
Direc tor \1anlyn Br,·nengen Jnd the chairperson of our Govemme nt Affairs Co111111111cc. )1111 Re.: 11·,. JII
fee l 1111 , ,s an importa nt ,s,u,· and that the ha mber s ho uld offer so me comments . whi ch arc cons1st cn1 '"th
our o n-go mg C hambe r pohCll'S hr I. he said . I \\Ottld JUSI offer the thou g ht that is n ·111 m1ere s11n g how
conm1erce has c hanged o , er the )Ca r I "as JUS t thmkmg about that today. We all sho p at supermarke t,.
"e don ·1 go to a mall mea t tore and a s mall bakery and a produce store and have to pay 1nd1v1duall ) and
have to seek those o ut and to dme to them. We order by fo x and e-mail . we pa y o n-lm e e lec 1ro111 ca ll ) a nd
o nie people 1el econm1u1e to a, Old dm mg I hc se are c han ge, 111 commerce Jnd trade . he ,aid . anJ I don ·1
thmk we are gomg to be able to tum th e lock back We are gomg to contmue to ee chang ,·. ome of
whic h 1s d1fficuh and pamful. Overall II ha been the obJec 11 ve of the C hamber to \\Ork for a ,·,brant reta1l -
shoppmg em·,ronment Ill Engle\\ood . An e n, 1ronmen1. "h,ch ama,ts popular s tore s and pro, 1d e;, J blllJd
popular range of produc ts a nd crv1ccs to attra ct s ho pp.:rs . no t J U I fr o m o ur C ll ) bounda, 1,·s but abo ri om J
larger area . Hi stoncall y "e ha ve anra ted sa le s, people ha,c come to l:ng kwood to ,hop becau,c "" hJd
sto re s that other areas d1d11·1 have. We ne ed to create a n e nvironme nt that ge nerates lo ts of sale s ta,
revenu~ to fund our go,ernment. b~cau::,1.· \\t' kno,, that the ma gu: t'ng me that ha ::, fw.·led h1 gk•,,00J '.)
prospenty ha s been sa k ra x re 1 enuc . Our Chamber 111c111b,·rsh1p mcludc, la rge bus mc ,sc, Jnd mall
businesses ... small bu s messes. mos t of them ha ve \\Orked ,ery hard 10 build th eir busmessc, and pro,pe 1
and "e ce naml y s upport their effort ,. 1 hi, prc,ent, us" 1th an 1111 eres1111 g d ilemma Du" c advocate
protec 1111g the s mall stores by excludmg larger 11a11onal c ham ,"! Ca n"" build a pros pcruu, "'"' retail
ccmer he re 1111h1 s loca uon by exclud in g the popula1 re tail dta 111 -·! And. h,· rnmmentcd. "e t...n o\\ "In the,
are popular. T he y are popular beca use lo ts of people \\Jnt to sho p there . We need th e s hoppers to · ·
patronize our Center. we need sho ppers to a ttrac t m re small stores to compliment whate, e r ,to re s""
ha ve . He s uggested that perhaps 1f we were loca ted o n an island or if we were Oo uld er. "here yo u have to
drive 35 mile s to ge t to the metro area. we would have mo re a lt ernauves. but \\Care no t an is land . "e arc
s urro unded by a metro po l11a11 area. which ha s a very compe1111 vc retail environment. We are surrounded b}
brand-new. diverse . convement retail centers and a ll of the se are d o mg everythmg th ey ca n ... from C he rr y
Crc,,k to o uthglenn to Park Mcado\\s 10 Stcwnso n Ce nt er. .. 10 com ·en our c ustomer ba se 1111 0 their
c ustomer ba se . Mr. C la yton opim·d that cons umers that want to s hop at a Borders or a Barnes and No bk o r
a Tatt ered Cover are no t going to forgo that purc ha se JUSI be cause we don 't have that store . They are JUSI
gomg to drive anoth er 15 mmutes and shop outside Englewood. And the s peaker who made the comme nt
that thi s may divert sa les from one part of town to another ... that"s probabl y true . We ne ed to divert so nw
of those sales here . These folk s that s hop ou ts ide of Englewood ... on the ir way, in the proc ess. the y will
patronize other shops near their destinati o n. Not Englewood shops . They will eat at re staurant s near th e ir
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destination. Not Englewood re staurants . A nd th ey will cont inue to s hop o uts ide of Engle"ood. If "e "ant
Englewood to have a vibrant retail area we must anract and keep the kinds of stores that are gomg to attract
customers. he sa id . Mr. C layt o n tated that popular busy stores. which attrac t o th er mailer s 1ores . ,r,·a1e a
synergy. which provides a healthy business environment for a ll of En g lewood' retail busllle In
summary. he said. 1hc Greater Eng lewood C hamber of Commerce 1s 1101 gomg 10 re c mmend a panicular
busllless. we are not going to say brlllg Borders here. bu1 we are no t go mg to s a y ncludc Bord ers."" arc
not going to say thal re s tric ting to one particular type ofbus llle ss s hould be the func11on of'go,ernmc nt. .IO
sa y you can se ll in our l0\\11 and someone else ca n·1. Becau,e. he rc 11,·ra1 ed . "" a,v 111.11 an is!Jnd rl1
Chamber continues to support a process. which encourage th e dew loper and th e Cr l) to find qual11,
retailers that will attract s hoppers to Eng lewood. and c.ertalllly we hope those are mdependent re1a1Ier .
which will s upport and encourage a vibrant retail busin ess en\'lronmenl. Just as a pnsonal as,de. h,· sa ,d .
as I am a resident. I imagine 1here are people he re tonight who arc happy that the large chai n; thal "ere 111
Cinderella C 11 y are go ne ... th e Perme y ·s. the Sears. the Wards. th e \,fa y D & F l',·r o nally. he sa rd . I am
real llred of 1t E\'ery time I go to shop I ha ve to go somewhere else. I ha ve to dm·c to ge t there and "'hen I
spend m y money none of that tax dollar comes back to Engl ewood. It rs 11111c . he a rd . that \\e ge t some
stores m E ng le \\ood.
( b) Mary Ellen Turner. 1720 Eas t Dartmouth Avenue. said s he JU St found o ut about tin s
111ce11ng ·csterday e\'entng. so she ha s been jotting down note s and asked that Coun c il bear" uh ha I
enioy hoppmg at Comerstonc Books. she said. because Debbie G uinther is m y nei g hbor. I \\ant to ,uppo n
her bus mcs . s he 1 111 m y commun11 y and she knows me . I go in. she knows th,· ty pe, of book, I ,·1uo), rt
he doe n 't carry them I can o rder them through her. I appreciate the personal conta ct I hJ,e \\llh her. she
said. rather than JUSl ma ybe a seasonal employee who isn't that knowledgeable about a certJ1111 )1ie ol
reading material M s. G umther and I are also in a profess ional network group and a, a ruk ul thumb 111 thr,
profe s1ona l nem ork group: no o ne comes in who is 111 direct compe1111on "uh so mebod) else She 111.>!l·d
that u nught be an tdeal. but it 1s a wonderful way to do business in a communU ) and"" have all p ro,pered
from referrals from eac h other and support each o th er in a good wa y . \.1 s Turner e,pre,s,·d ha ,·onccm
about the gomgs o n . about Ms . G umther propos mg to lea c pace 111 th e""" compk, Jll d hJ, mg tlw ,pac e
c hanged and ha vi ng a potential Borders Books compete " ith her It se,·rns to me . he ,ard. hke J b1 cJch u l
goodwill, cc na111l y a breach of far th. ur poss ibl y a breach of contrac t She ac kn<,\\ kdg,·d rhat r e11a111I ; i o u
need revenue. Ms . Turner comme nted that she find -herself eekrng out more unr4ue plJce, to ,hop I
ho p at Pasqmni 's for their spec ia l breads and the ; ha\e 1h,· be,1 l111k ,·ookrc , 1111,mn . ,he ,Jrd I h,·1,· ,,
no t necessarily a line out the door. but I \\'ant to pread the "urd that 1hat i, 1he bes ! f-1 I qwhu,111 hJ , 1he
best Mexican food around. she opined, u ·s o ur hnle secret. but th e_ are ah,a)S full bcc J u,e 1hc \\otd
s preads. We support the se busi ne sses. Ms . Turner advi sed that she a lso. for a lime. II\ ,·d rn S hcndan :-,h e
sa id she doesn't necessarily remember the details . because she ha s had to dredge thi s up 4,111e qurekl). but
she remembers the story of Pace and the s tory of the Shenda n gowrnmental co mmunu y be,ng qune C\t'll,·d
about the revenues that Pace was bringing in . They built a new ci ty hall and the y got all k111d s of bo nd s and
11 wa s fabulous . But th e n Pace 1110\'Cd . th ey c han ged th err name and the y 1110, ed to Den\'er and 1hc Cll)
gO\ ernment wa s crushed . She said she was not sure what the y did wuh the bonds. but the y had to mo\'e
their location because thi s big name corpora lion j ust pi cked up and moved o ut and it was devastaung to th e
town . I 'm not s ure how Englewood sub sidizes the big businesses that come in or the mall bus111essc s. she
sa rd . but m y feeling is that Ms . G umther ha s an opportu111t y to expand her business. she rs unique. she
focuses on a particular brand of books. but s he has the opportunit y wuh th e li g ht rail and the locat ,o n to
expand her business to include more. Certaml y, ,r s he 1s 111c lud111g the bus s tallon she rs tl ex rbk enoug h to
include more. She ha s the opportunity to bnng Ill more people and I would hke to see her succeed, M s
Turner said, and if yo u subsidize local peo ple I think she should be in th e running. I would love to se c her
succeed and broaden her bookstore . She thanked Council for h stening .
(c) Perry Deshler s tated he i a reside nt of Englewood. that he mo\'ed mt o hi s fir st hou se
about 195 0 and he saw thi s sp o t when 11 \\JS a n ine-ho le golf cour e . He noted he saw C inderella C n y go
up and go duwn and he ha s seen the Coun cil make some ver. good dec is ions and some very bad d eci,ro ns
I have a linle bookswre in Eng lewood. he sard. and I am al so a real estate broker. It 1s a useil bookstore
and 1f you put in 20 brand-ne" bookstores rt will mah· me happ y. he said. because rt mak es more bu 111c "
for me . But I have een the suua 11 on. he sa id . when I had a parti cular bookstore o n Colfax a nd the (fl)
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ca me 111 a nd s ub s 1d1 zed the de, el o per.. the rea l e tate age nt , and chJnged thin g, I he ) ga , e th ,·m mone)
to develop businesses and ki ck people out on the stn·e t. The Cit ) s ub ·1dl/ed a Ramada In n anJ re built II
The people that o,med it came to me . he a,d. and as ked me for co pie s of books o n Ha"a11 . as th at ,s "h,·r ,·
the y lived . That rs where the mone y from the ·ub>1d , \\ent "a to Ha \\a11 . \11 . Des hler stated that the
s ub s id y for a ny box store 1s not commg to Engk"ood I 1111ag111e . he said. 1f )OU go c he c k \\'al -\lart nght
now. yo u w,11 find tha t the maJonty of th eir e mpl o yee don't hve 111 Eng le\\ood and probabh don 't spend
their money 111 Englewood. It 1s a 11ua11 on where the ne " store \\OUld help me . he aid . but 11 d oes n·, help
people like thi s . He sa id he does11 ·1 1hmk 11 1s good for th e C it y o r the lin le bu,me, peo ple 111 thc ("11 ,
Your pos ition as Mayor and Counc il members . he sa id . is to do the best )OU can fo r th ,· peopl e o l
Englewood. I saw that happen when C mdere ll a C'11 y wa s built and I Sa\\ JU SI th,· oppos it e "hen II \\cnt
down. But. he sa id . I hope Co un ci l will give 11 due considerati on for the lin k pe o p le that \\fl lk he ,,· I k
thanked Council.
(d) Pri scilla Bennett . 35 I So uth Corona Street. sa id he 1s an Eng le "ood re ,d e nt J nd she
has h ved he re for fifteen years . T"enty -five years ago. she sa id. I ca me here for a ,·aca11 0 11 and 11.-t'r kit
I remember commg here at noon un the fifth of November Ill 19 5 and thmk,ng \\hat a great pla c,· I come
fro m :S:e\\ Jersey and th a t ' not a great place . Tomght. she satd. \\hat I haw heard I'> that \\e hJ,,·
absolutely no memory whatsoever: because "e are s uppose to take into account hi story. \h. lknnett stated
that a lo ng 11me ago there was a bunch of people thro" n ou t of their co untr y. abo ut 20 01) i ea r, J go I I too k
40 years for them to repopulatt' 1he11 peopk ho ping th at the , \\OU id for g ,·t "hJt the) IJJJ ,unit' trom In
19 4 -a holocaust happened and th ey said le s t "e e, er for get. There are o man ) bu ,in,·»e tllJI ha, e co me
10 thi s town that have taken e,·er)tlun g a"a) fr o m u . he ·a,d. C'1mkrella C'll } ·lu><·d '"thin one 2~-}t'Jr
penod ... that 1s 110 1 e,·en a ge11era11on ladie s and gentlemen. When d o "'' rem,·mber • I, thb Jll Jb,Hll
money'' Englewood. Colorado 1 · one of th e fe w mall places that std I ex 1st a a small mdept'ndent bu s 111e ss
to\\n. he op med that it 1s absolutely nd,culous 10 offer a s ub sid y to a big corpora 11 0 111h a1 doe,11 ·1 e1 ·,:11
nl'ed )Our mo ney to mo,·e 111 here . NO\\. she asked. when are we go mg 10 take a sta nd and Sa) no mo re '' I
ams, k and ured of\\hat rs happenmg . she said . and yo u can beautify th,· treet · all you \\ant . bu1 u1111 l )OU
get real about the fact of what 1s goin g o n around here . "e are 111 senous trouble . I hJ\·e heard proJe 11011
that tl11 s dam tlung o ut here , gomg to fail Ill three years . And )OU kn,m "hy'1 Becaus ,· II 1s g od
business for these big peo ple to take a ta ~ deduction . I "as a reg,·tered nur e for r )C ars. ,he said . and I'll
tdl )O U \\hat. I spend my 11me blo\\mg the \\lustk on \\C Stern 111ed1c111e . because 111 , lime that people
stand up and say no more. When are we allo\\ed to sa y no more 10 the bi g g u)s'' Becaus e " hen th ose bi g
guys stand at whatever judgment ga te \\Ca ll 1111gh1 stand at. "e \\di be J ud ged for "hat "e ha,e done and
what we have done is given away o ur power. O ur pm,er I here. Our pO\\t'f 1s here . o ur po\\er I these
linle people nght here that pa y e,·erybody's salaries. that pa) the se cops. pa y the se po l111 c ian ,. pa y th e,e
people who are out here every s mgk day. \1 s . Benne11 comment ed th at "hen :,ou let a b tg compan y hke
Borders come in he re and ruin that . I a y 10 hell wuh 11 . I move o ut of 1h1 s co untry beca use 11 ,s 1101 e ven
worth it. She to ld Counc il thank you very much.
(e) Va l Perann,. 4 200 So uth Delaware, sa id she is a friend of Ms . G umther. but she ,s here a,
a citi zen. She sa id I commend th e C o un cil on tr ymg to ba la nce th e large and the small. A bookstore i,
s uc h an intunate thing . S he stated th at she does not put the Tattered Cover in the category o f bi g bus mess.
as it is intimate and beautiful. I would hope Ms . Gu111ther would be a ll o \\ed 10 be ht're a nd e xpand. s he
said. She asked that th ey \\alk 1111 0 a Borders Buok s and try 11. We are a ll different. she sa id . and ma y be
yo u will like it. As a c 11izen. s he sa id . her plea 1s 10 go wi th s mall er people \\hen you can and balance 11 o ut
and d o the bes t yo u can. as yo u have bee n doing.
8. Communications. Proclamations and Appointments
(a) A lett er from Margaret R. Giffi n 111d1 cating her res1gna11 o n fr o m the Eng le wood Pubhc
Library Board was consi dered.
COUNCIL MEMBER BRADSHAW MOVED. A~D IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGN A 'flON OF MARGARET R. GU-FIN FROM THE ENGLEWOOD
PUBLIC LIBRARY BOARD.
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Englewood Ci1y Co un c il
November 6. 2000
Page 11
Monon camed .
Ayes :
:S:a ys .
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Council Members l\'abholz. Garrett. Bradshaw. \\'olosyn.
Yurchick . Graz uli s. Burns
None
!'vtayo r Bums. on behalf of Counc il. wanted 10 1hank M s. G iffin for her many years of dedi cated ser\'l ce 10
the Public Library Board. He noted she ha s indicated s he ha s mo\'ed .
Council Member Grazu li s stated she ha s had th e opportunit y to work wnh her for two ye ars on the L1hrar)
Board and she will be sorely nu ssed because he d id contribute a 101 to th a t Board. 'vi s . G ra z ul1 s \\'1sh,·d
her the be st in her new endeavors.
9 . Public Hearing
(a) Ma yo r Burns stal ed we ha ve a publi c hearing ;chcduled to gather 1np u1 un Cou nc,I 13 ,11
No. 40. amending 1he C it y of Englewood 's rights-of-way ordinance .
Council Member Garrett advised that he would not be part1c1pating in th e public hearing a s he ha s a
contlict with hi s employer. ou nc 1I Member G arrett left the dai s
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECO-.DED. TO OP["i A l'l'IJUC
HEARING TO GATHER INPUT ON COUNCIL BILL NO. 40 ... OIE"Dl"G THE CITY OF
ENGLEWOOD'S RIGHTS-OF-WAY ORDINANCE .
Ayes :
Nays :
Abs tam :
C ouncil Members ~abholz. Brad,ha". \\'o lo yn. Yurclu ck .
Grazulis . Burns
None
Coun c ,I \kmber iarren
Monon camed and th e Publi c Heanng ope ned
All witne s e s "e re dul} S\\ orn .
Director Ros stated that th e purpo;e ofth1 hea nng ,s to ga1her publi c input on 1he proposed n glm-o f-\\3 )
o rdmance that \\as appro,·ed on fir ;t 1ead1n g on O tobt•r I 6'h He sub nutted Proof o f Pub Ii ·anon tha t
notice of tlu s public hearing \\'a publi,hed on Octobe, lU . 2000 111 1he L:ngk\\ood I kralJ . In adJ,non. he
subm,ued a copy of an e -mail no1H:c he sent ou1. Octobe1 10 . 2000. to 1hc tdc..:o nunu111 ca 11 on p,o, 1d,·" Jnd
servi ce pro\'1ders that had ,·xpressed an interes t 111 our ,·ndea, or. JUSl 111 rasc. he said . some o f th e;e
providers do not mak e a habit of read111 g the 1-ngl e"u d Hera ld . Mr. Ross stated 1ha1 thi s pa11 of th e
Englewood Mu111c1pal ode "as la st re "1 seJ 111 1985 an d a lot of han ges have occurred 111 the
telecommunications rndu stry ;rn ce th e n As a re sult . he said . \\C frlt 11 1s time to modify tlw n glm-ol -\\J )
ordinance to make sure \\e are better able to \\Ork '"th the ne" providers that des ire to make us,· of our
public way s 111 order to ms tall th eir fa c1hne s l·k no1ed that. 111 the Denver metro area. the C it y o f Lafa }ett e
has passed a similar ordmance. Green\\'ood Village. Arvada and Commerce City are also work mg on
redoing their rights-ot~wa y ordinances . Director Ros advi sed that the y spent man y hours in meetmg s "1th
representatives of various companies that will be affected b y thi s ordinance and sig nificant chan ges and
modifications have been made as a result of those di sc uss ions . If there are any questions that come up
during this pubhc hearing , he sa id . that you \\Ould like staff to address , Ken Fellman and I would be , cry
happ y to give it our best s hot. He noted that Ken Fellman was our legal counse l who ha s s pent coun tl e,s
hours work mg with the Greater Metro Telecommumcanon C onsortium on the model n ght s-of-\\ •>
o rdinance and Mr. Fellman will no doubt be s pending a lot more time as a result of the valuable rnput that
Englewood and Lafayette ha ve received during this process. to mcorporate the input we have received 1111 0
the new model ordinance . With Coun c il's permi ss ion . he said. he would ltke to stop talkmg and give th e
c111 zens and compan y representative s the opportumt y to express their concerns and c:omrnent s .
Jim Campbell. with the policy and law group with Qwest Conmmmcations. 180 I Califon11a Street 111
Denver. said that with him toda y is Dina Diehl with the Qwest public affairs group . He noted that Ms . Deal
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November 6. 2000
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and Mr. Bob 13a11on \\Cre the ke y Qwest personnel \\'h o met 1\llh C ll > Council a nd taffdunng 1hc
ne gollallo n process o f the proposed ordinance . He sa id he wanted to 1ha nk Council for alkrn mg ()11<·>11lw
oppo11un11 y and lime to offer their concerns and issue s regardmg the propo;,ed ord111 J1we I le vp11wd 1hJt
th ey ha ve \\Ork ed d1hgently with staff and the C i1 y ·s consultant 111 an attempt 10 resohe an, 1s;u,·s th ey
mi g ht ha,e 111th the ordmance . nfortunatel y. he advised. some of thear nUJO r issue s re111a111 unaddres;ed
and he "a111ed 10 talk about those tonight. Fir st o ff. he said . Qwe st ddin11 el, ack no\\ ledge;, and re J e,·1,
the C 11 y·s mc rea sed c hallenge 111 niamtaming ll s streets and public ngh1 s-of-11a } 111 a c,,mp,·11111 ,·
em aronment . w11h multiple prol'iders attempting to pro vide advanced 1elecommu111 callon ,·n ,ce, 10 the
con muents of Englewood. He acknowledged that it is a difficult task and one that they certamly
under tand 1s getting more and more difficult . \\'ith that. he said. state and federal la11 1s fair!, c k ar as 10
Junsd1ct1onal limits upon a city as the y try and exercise those nghts to manage and adm1111 s1er 1he publi,·
nght s-of-wa y. Mr. Campbell said. generally speaking. the c ities cannot u se th ese typ e of o rdmances 10
generate revenue in excess of the actual costs they occur m an attempt to ma1111a111 and admm1 s 1er tilt"
public nghts-of-way . He stated that Qwest"s op1111on 1s that the o rd111an ce. as written. 1s c llher 111 co 11>1 tclll
w11h those legally mandated principal or is unclear as to how the C 11 y should 1mpleme111 11 s n g ht s and
obhgat,ons . He said he would like to go through some examples and concerns they have . First. th,·
o rdinance requires that any pronder. wi s h ing to appl y fo r an applicallon unde r thi s o rdman cc. mu st prol'lde
the 11 y the location of not only it fa c 1lill es but the loc a11on of o ther prov ider s fac 1li11c·s a; 11ell 1·1111101
s u1e where the requirement 1s that Q11est nia1nta1n or tra ck the lo cation o f o th er prov ider · fac il111e s. he
s aid . and to do so would be ex tre me ly costl y . Addill o nall y. he noted. generall y. the 111for111at1 o n required m
th e application and permit process appears. to Qwest. 10 be unnecessary and excess11·e . Fo r ex ample . and I
quote. he said, ··the C it y require that prol'1ders prol'lde th e loca ti o n of their fanlit,e s 111 a II nncn a nd
\'C rtfied format purs uant to C11 y g u1dehne s ."' He pmnted ou t th a t. to date. th ere are no C11 , gu1d cl 111c·,
Other JUnsdictions have ask ed for clectromc fo rmattmg. G IS for mattmg. and the ) a re 1101 s ure II her,· th,·
C 11 y 1s going. at this point. Thus far . he opmed. 11 appears very o pen ended as to what the C11 y 1s rcqu1nn g
of Qwest . He pointed out that Q\\est ha s been providing 111formati o n to the C 11 y regard111 i; th e loca ll o n of
115 fa c 1l1t1es w11hm lime frame s . and utihz 111g formats. wlu ch ha ve alwa ys appeared 10 be ac ceptab le . \or.
he advised. ha,e 11e heard from the Public W o rk s Department that the current s 11uall o n and the currem
tatus quo i, a problem. Therefore. he said. they 11ould s uggest. to the extelll that the C 11 y promulga tes
g u1dcl111 es 1111he future . that the y u11h z e the ex istin g s lluation and the ex 1slln g status qu o as a b ase lin e for
that and no t 1mpos,· new o r add11wnal location requirements upon ex1st111g prov iders . lfwe 11ere l u expend
the mo ne y to del'elop ne ,, fonnats we might have to do that 111 all of th e JUnsd1cllons and that ou ld b,· a
costl y endeavor and the .:ost \\Ould be borne by the citizens in Englewood and Q,,est s ub s nber 111
l:ngle11oo<I. he said. Addiuonally. the ordinance requires that . 111 certam circums tances. Q11e st loc ate 11
fa c 1hlles underg round at its o wn cost . He noted the C ity does provide an excepllon II here stat e la11 all o 11
Mr. C ampbell said he would pomt out that state law 1s very clear that rel ocallon s undertaken for ae thell c
purpo es. that the costs s hould be borne by the requesting part y. no t the ulllit y provider Fo r relocall o ns fur
o ther purposes. Qwes t 1s required to underground it s fa c 1ht1e s . The cost of that 11 o uld be borne agam by
the c l11Le n of E nglewood . An add111onal require ment. and, he sa id . thi s 1s an unus ual requirement. 1; 1ha1
Q"est share s urplu s c onduit and s urplus fa c 1lillc s in stall ed w11h o ther pro, 1d crs . We p o mted o ut. he
ad\'i,ed. to the staff and the cons ultant that Qwe I 1s an 1nc urnbent lo ca l exchang e prol'ldc r and has federal
and tat e requirement s that 11 op,·n 11 s fac1lille s and 1111 erconnect 11 facil111e s 1111h compe11111•e prol'1ders and
thi s ,s all part of th e 1996 Telecom Ac t. The C it y appears 10 be attempt mg to impose additional
interconnection requirements upo n Qwest by rcquinng them to provide our surplus duc ts to ullluy
prov iders . These obligations are hea vi ly re g ulat ed b y th e State I' C and he did not th111k that the C 11 y
\\Ould even want to get into the middle of sorne of these relall o ns hips . He po111ted o ut that the y have b,·en
the grounds for some brutal battles m front ot: no t only Co lorado. but other state comm1 ss1o ns. as 11dl. o .
he said. we would ask that that requirement. at lea st from Q,wst"s pers pec tive . be remowd fr o m th e
ordinance . With respect lO the placement of s urplus du cts . he said . Qwest and o the r pro, 1ders o tien p lace
additional or surplus facilities 111 the ground 111 ant1cipa11on of future growth. especiall y 111 toda} ·s
competitive marketplace, that ts now a necess it y . He explained that the reason that 1s done 1s 10 a, 0 1d the
\'Cry problem that tlu s ordinance ,s tr} 111g to resolve and tha1 ,s new construcllon ye ar alter year a ti e r }eai
A nd . he noted . for the II ) to place a requirement on a provider that 11 somd10,, attcmp1 s to regulate the ,e
urplus duct s. to the extent they go unused for a ddi111te period of tune. appears to u; to be unreJsonabk.
and. again, we would ask that those requirements be removed . The ordinance al so places a moratorium o n
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E ng le wood C n y Councsl
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new cons rru c 1io n w ithin rights-of-way. wluc h have been excavaled or constructed upo n . for 1wo years a Il er
that con srruc1ion . Again. h e said . I unde rstand the City·s concem here, they don ·1 want the treels to be
degradated. the y don ·t want continued construction. week in and week out and for compames to come 111
and excavate. But again Qwest ha s a unique perspec1ive, he said . Here is the incumbent loca l exc ha nge
pronder: we·re lhe carrier of la st reson . We have 10 prov ide serv ice to any requestin g pany . Fa ilure IO do
so wo uld viola te b o th state and federal law. Mr. Campbe ll s tated lhat the o rdinance is unclear w he ther
Qwest can actually sa 11 sfy ils state and federal ob li gatio ns. absent a s pec ia l waiver fr o m 1h e C n y. T he wai
I read II . he sa ,d, we would ha ve 10 a pply fo r a waive r 10 allow construc ti o n 111 tha 1 effec 1ed nght-of-wa,
durmg the two-year period. l d o n ·t 1hink 1he earner of last reson o bhgat1 o ns s ho uld be an excepti o n or a
waiver type requirement. he sa id . He opmed that Qwesl would be ma p osni o n w h e re ii would be forced Ill
v io late enher the local o rdmance or 1he s1a1e or kdera l la w . He pointed 0 111 another undear p ro, 1s1o n . 1hJt
the ordinance contemplales a fee structure . but there are no fees atlached . As many of you are a "are . h,·
said. lhe vahdny of cenam fees. franclu se fees and re111al fees. a re curre111l y th e subJCC I of h11ga11on
between Qwest a nd 1he C n y and Coullly of Denver. :vlr. Campbe ll said 1ha 1 he understand the dec 1>1 n 1>
pending al any ume and 111 s 1heir ho pe 1ha 1 this case will o ffer speci fi c g 111delme s a nd paranmers unti e,
\\h1 c h . 111 Colorado. Q"e I and 0 1her u11l11y providers can nego11a1 e w nh c 111es such as E ngk\\oOd .
re ga rdmg 1he place ment of fac1!111e s 111 the n g lu -of-\\ay. He advised 1ha1 the ordmance. 1ha1 ,-1he ,ubJ,-cl
of h11 gat 1o n 1111he n y and Count y of Denver case . ,s s ub stan1iall y si milar IO 1h1 s ordma nce anJ nian) of
the concem s 1hat Qwesl raises here 10111gl11 are the subjec 1 of 1ha1 l11i ga1io n. Qwesl would ugges11ha1 1he
C n y \\311 unul some ddimll\'e guide lines are es1abh hed b y the S upreme Coun . We c an re convene" 11h
th e s1aff and 1he cons uham. us mg ei1her th is a s a base o r wh atever g uide lines a re e slablished by 1ha1 coun
a s a ba se and be able 10 have a better c hance o fnego11 atmg an ordinance which doesn·1 seem so u nc lea r
and open ended \\llh many of 1he s ubstan11al provisions. he sa id . Yo u may gel a s uggesuon. from the
consultan1 to 1he C ity 1hat ifwe do dela y 11 , thal Qwes1 and 0 1her u1ih1 y provide rs be proh1b11ed from
constructmg. if we are going 10 de la y 1he ordmance. leis delay construc 1ion . Again. he aid. l don ·1 tlunk
1ha1 is necessary given the fac1 tha1 there is an existing law i n place and Qwes1 is con s1rnc 11ng 111 the s1ree1 ,
of Englewood. we are pulling pemtits. we are paymg lhe required pe rrnil fe es and we are work m g "nh 1he
Public Works Depanment on a day 10 day basis 10 e ns ure 1ha1 yo ur needs and our need s are me1. To
conclude. he said. Qwesi's posi li o n is lhat many of lhe prov1S1o ns ofth1s o rdinance are unclear. niany of
them appear to be in excess of the C i1 y's Junsd1c11on or s1a1e and federal la" and impose an add 111 onal la yer
of regula1ion o n an already incredib ly regula1ed 111dus 1ry. The pos i1i o ning and 1he sugges1io n is 1ha1 Qwest
and 1he 1e lecommunica11o n s 111dus1ry ,s som e ho " a cos1 burden o r a hab1l11 y to 1he C n y a nd 11 s
mfrastruc 1ure . I would argue. he sa id. 1ha 11he o ppo ne 1s true. 1ha1 lht· fac1tha11he C n y of Englewood
streets being dug up al 1his point is a sign 1hat u1ih1 y providers feel 1ha1 En g lewood s ho uld be al 1he
forefrolll ofreceipl of the advanced and compe11 11ve serv,ce offered b y te le comm11111ca11on s a nd other
u1ility providers today. The 1996 Acl o pened 1he door for 1he development and deployme111 of 1hese
services and the facl tha1 companies are here prondmg lhe se services to the c 111 ze ns and b us ine sse s of th e
Cily of Englewood. as well as IO lhe C il y o f Engl e "ood. are a s ig n 1hat 1h1 s ,s a ,·ery ke y J11n sd 1c t1on for the
provis ion of those services. So 1he refore. he said . we would req uest 1ha 1 we delay 1h,s unul "e ge1 so me
more definnive guidelines from 1he S upreme Co urt and 1he 11 reconvene" 11h the C n y s iaff and C n y
consuhant 10 ha ve mo re frunful di scussions and a mu c h mo re defimuve o rd111an ce. He 1hanked Coun c il for
1heir time .
Margarel leJuste. the Direc1or ofGovemme 111 and Conunu111t y Affa ir s for AT&T Broadband. 8000 Eas1
Il iff in Denver. said 1ha1 Jim Campbell with Qwesl has reall y s taled, primaril y. all of 1he concerns that
AT&T Broadband has as well, but she wo uld like 10 add o ne o ther 1hing. F1rs1 of all. s he sa id . we respcc 1
ve ry much 1he Ci1y's concerns over 1he righ1 s-of-way. She conirnen1ed 1ha1 thi s ,s a ne " n111l e nmum and
we are now faced with a lot more competiti on and 1he C 11 y ,s faced wnh a 101 more companies eager 10 use
the right s-of-way. Ms. Lejuste noted that s he ha s been work111g for 1he company lo ng enough a nd anended
the 1eleconununicati ons meetings lo ng enough 10 undersland what havo c the unregulated use of righ1 s-o l~
way can c re ate for the C ity. And we al so , she said, appreciate, very much. a very. very produc 1i ve and
respons ive meeting that we had wi 1h Ken Ross where we ex pressed a 101 of o ur concerns . Mr. Ross d ,d
res pond to our concems and did make several changes 10 the o rdinance, she sa id. bu11here are s1ill some
remaining provi s ions thal are worrisome . Mr . Ro ss talked about how this ordinance is focused on new
providers . She poin1ed out 1ha1 AT&T Broadband ha s be en provi ding cable 10 1he C 11 y fo r 20 yea rs . The
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City 1s familiar with us . she sa id . the City 1s fan11lrnr "1th our attempts and our practice of comply111g "1th
the o rdinance as wnh our francluse . We cons ider thi s ordinance. s he said. as rnrrentl) \\Tttten . to be 01 e1
burdensome and 11 conll1ct 111 sel'eral \\a ys \\'Ith the fran ch1 s,' agreement "e ha,e . \\'e are al"a)>
committed to compl ymg wnh the terms of our fran c his e agreement. but. s he noted. "e ar,· , er) rnncaned
that some of the prov1 s 1on 111 thi s nghts-of-way ord111ance are requirements that we ,1111 no t be abk 10
compl y with . s uch a br111 g111g plans at the ,er) beg11u11ng. 11mel111ess of telling the C it ) \\hat"" mtend to
do and m a umefra mc \\hen \\C don·1 quite kno" what o ur d esign will be . !\ga111. s he sa id . "e "ould like
to reiterate Q"est ' reque t that )OU \\all for th e S upreme Court dec1s1011 to clarify the tams and g l\·e us
definiti ve guidelines We. again. are l'ery much aware o f the C 11 y"s concerns and \\e 1-ery much ap preciate
the staff s res ponS1l'eness to o ur concern s. but we ask that the C it y wall to pass thi s o rdinance until more of
the concerns are se ttl ed and "e come up wnh an o rdinance that everyone can live w nh and" tll be ,·er)
beneficial to the C 11 y. he thanked ounc,J.
Council Member Bradsha" s tated she th o ught th ey sho uld g 1l'e the public a general idea of " hat 1111 , 1>
about. She explamed that what happens ,s "hen different uulit y compames come 111 to put rn1, 111 our
street . we have had difficulty 111 e nforc mg the qualit y of \\Ork wh e n they patch th e str ee 1.
Director Ross said yes. that , as \\·ell as the fact that there ha s bt'en a tremendous gro" th 111 the
telecommumca uon mdustry 111 thi s area . For mstance 111 Ph oe111x. the y ha, e exp loded from three pro, ,d,·r
to 50 pro\'1ders 111 the la st yea r or so. He po111ted out th e ,1tua11011 "e had \\1th '.\lcl,·od l SA I he , ha 1e
no custo mers 111 the C ny of Engkwood: th ey J USI need a 11a y to get around th e metro area and through
Englewood . Obviously. he noted . a lot of o ur effort ;. here are d irec ted at that ort ofthmg. "here peopk
are JUSI us 111g o ur nghts-of-1\ay to come throu gh 1011 n to get 10 th e more Ju rat I\ e part of th,· Cit) 11 he1e
the y want to provide services. such as lnl'ernes . Dem e r l ech Ce nter and th e Broomfield Ofticc Par~.
These are the cro\\11 gems 111 the metro ar ea and Engle11ood I JU:.t one ofthosc· cn1e s. a l till" prcse11111 111c .
that are bemg used so the y can get to those gems . So. he ;.a ,d. 11 e re og111 2.e that and \\C do ha ,e the
concern about our nghts -of-wa y. that every um,· 11 ,s cut. they d,·pree1ate the amount oi'Jiti: 1hat "" g,·t
from our streets . Because yo u just can't get ba ck to 11here yo u \\ere. as far as gemng II \\hole. unk;. iou
do a reconstrucl. And obviously. he noted . that k111d o f goe, to the degradation part that "e arc 1101 go mg t,l
address at tlus time . We are going to wan unul th e Supre me Court ca e 1s heard. Director Ross ach 1;.ed
that we pulled the degradation iss ue off th e table . He exp lamed that the re so luuon we will be cons1d cn ng
later on tlu s month will only address bringmg up our pernut process as n cu.rrcntl y exists to charge the fee
that are more representative of what it costs us to admm1ster the rights-of-way ordinance . He pointed o ut
that we saw a terrific example with the McLeod US!\ s ituation. where "e spent Ol'er 100 ho urs to process
that penrnt and the pernut fee was o nl y about S 100.00 . He o pmed n was JUSI nd1culo us . We arc nm tr y111g
to mcrease the rel'enue. he said. we are trymg to do a better JOb of COl'enng the cost of what II takes to
adm1mster our nghts-of-wa y.
Kenneth S . Fellman. 3773 C herry C reek North Drive . S uite 900. 111 Denver. the C ity of Engkwood Specia l
Counsel for Telecommumcations, advised tha t he ha s been work111g wnh Council. C it y s taff and the
111du stry on thi s ordinance . He sa id he wa s makmg no te s dunng Mr. Ca mpbell and Ms . LeJus1e·s 1est1111on y
about the issues they rai sed and he would like to give Coun c il h,s pers pccu ve on those iss ues, the spec ifi c
criticisms. He noted Mr. ampbell pointed out 11\0 legal rules under state and federal Jaw and he would
disagree when he said that state and federal Jaw 1s fairly clear. One of the reasons that. not j ust 111 Co lorado
but al so across the country, there has been so mu c h h11gat1on over the Tekcom !\ct is because it 1s nm
f:urly clear. Mr. Fellman advised that Mr. C ampbell 1s basically nght when he says cities cannot regulate
telecom services. We hear that c nt1 c 1s m about thi s type of an ord inance. that thi s 1s an attempt to regulate
telecom serv ices and. he said . notlung could be further from the truth . TlllS 1s no t an attempt to regu late
sen ices. tlus 1s an attempt to regulate a ma ssive in crease III the demand. not just for telecom companie s.
but for all companies that use public property. yo ur streets . to run their businesses. He cxplamcd that th at
,s what we are attemptmg to regulate . usage of publi c streets . Mr. Fellman no ted Mr. Ca mpbell said that
we can·t generate revenues in excess of costs and he 1s right about that and that is not what thi s ordmance
does. One of the criticisms was that the ordmancc requires that companies provide the location of their
fac11it1e s and the facilities of others. Mr. Fellman advised that one of the criticisms the industr y had . ofa
very early draft of this document, was that we don "t even know where our own stuff is . They said we have
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had stuff111 th e street s for yeJrs and year and years and you can "t make u map II and tell you wher e 11 ,s
To compro mise to the mdu try concem. th e requirement wa s put 111 that ays when you dig . wha te,er yo u
find 111 th ere . you wi ll pro\'lde that 111format1011 to us . So Ken Ro s·s depanment wi ll de\'elop map s o f
where the elec tri c Im es. ga s Im es. water Im es and all the tele communH:at1on Im es are and we will have the
benefit of whatever mformat1on I discovered . So . he pomted out . 11 ,s not an affirma tl\·e dut y to go o ut
and find where every other companies facih t1 es are . II 1s to let the C ity kn o w" hat you rind "hen yo u dig 111
our streets . The second tlun g he mentioned wa s that II wa unnecess ary to imp os e a requirem ent on the
specific location of fac1ht1e s per wha te\'er gu1dehne s th e C ity ma y come up" 1th . \\'ell. he po inted o ut.
technology ,s changmg very rapidl y. we all kno\\ that. Whether the C ny uses an Auto AD sys tem o r GIS
or whatever the) ma y de cid e to u e. "h~ sho uldn't the C ny as a landl ord require an entll ). that ,s us111g
pubhc propert y. to pr011de us " 1th a d es n1p11011 o f where that propert y ,s 111 o ur trcet s 111 a format that 1s
usable to the II )'' If that mea ns. lw said . that ult,matel ). so me o f th e cornpa111e that o pe ra te 111 e,er y c11 ~
m th e State ma ) ha\'e to pro , ,d e mform:ltl on 111 muh1ple fo rmat s. the y are choos 111 g to ba s ,call ) use that
propert y and tht') are ge mn g II rent fr ee. an d th t" ·1a te says \\t' ha,t' to g 1,t' 11 to thL"m ll'nt f ll·i:. ,,h~
hou ldn"t they havt' an o bh gat1 011 to sho w us \\here that ,s·• \\'hen omebod y 1s go mg to be do111 ~ j repa11
on a water hn e. I thmk you \\Jill to kn o" where the tele co nunu111 cat1011 s h11e s ar e o n top o f thjt \I r
Fellman stated that Mr. Campbell said that there sho uldn "t be a require111e111 that the ,e rn mpJ111e, do
underground111g at their 0\\11 co st. Agam . Mr. Fe llman said . that wa s a co mment'"' go t ti om the 1ndu >1 r)
in some of th e ne got1at1 ons and 11111,ally II dtd say at the tr own cost. Co rre ctl y. th e 111 d uw, po 1111 ed out.
that th ere 1s a tate Statute that all o ws the creauon o f s pec ial im provement di stri cts \I r l·cll mjn ,·,p1J1m·d
that . ba sicall y. ,r) o u are mak111 g ae stheti c chan ges and yo u \\Jnt to undergro u11 d . th e proJ)\"n ) '"' ner s 111
that area ca n be charged for that. So . he not ed . the lan g uage in th e ord111an ce doe, not 3). an) more . that
they underground at their 0 \\11 cos t. 11 wa s changed to say at no cot to the C ny So 1f 1herc 1s a mec ha111 m
to charge propcny owners. that can be done . So that concern ha s been address ed . 11 1, 111 th e ord111an n ·.
section J J. 7-15 (C). He adnsed. regarding th e requirement of shar111 g s urplus co nduit . aga111 . that , not to
regulate tele con1111uni ca11o n service . that 1s not to 1111po sc 111ter onn cc tt o n ruk;,. that ,, ~,mpl ) th e Cll ) ·s
anempt to maximize th e use of l11111t ed space 111 the ngb t -of-"ay. If th ere , surplu, oml un 11 ,hou ld be
used by other entities. if II 1s possible, for a rea sonable pnce . before ne" d1gg 111 g 1s do n,· I h,·1e ,,, j l!>o a
provision that says tfthey do allow th e use of th eir urplus conduit and then th,·y nee d 11 . th eir bu;111cs s
needs ha ve chan ged and th ey now need that . then the ) get II ba k So ther e " fl e \lbtht ) bu t It 111 th ere In
response to the co 111111ent s about th e l\\o-ye ar morat onum on the co nstru ct 10 11 o f ne" ,1re,·1,. :1ga111 . "hat
yo u ha ve before you is a co111pron11 se. he sa,d . l11111 all ) \\C talked about thre e )ears be fo re )Ou cu t 1111 u a
new street. The industry said ho\\ about on e and "e cu mprom,se d on t\\o But tha,• are ,·\l·,·pt1 o n; Jn d.
using the ver y examp le Mr. Campbell used . ,f the ) need to pro, ,cl,· sen Kc o me" here . a th ,·) do ha , e
the se state obhgauons. and then the y can appl ) fo r a \\al\er It doc 11 ·1 co me to C ny Co un 11. "'" do 11 ·1
have a public hearing on it. ·11,e ny \fanage r o r till' Pubhc Work s Direc tor !>tgn o ff on II \It Ca mpbell
was nght . he noted. th at there" a th eorc tl cJI po»1bd1t) th at 1f th e Pubh c \\"o rk, D1re c101 ,J 1d nu J"m nut
g1, mg y ou that \\3t\'Cr and no ,1, th t'} ra 11 ·1 to mpl ~ ,, 11h tht· s tall..' rt·q u11 t'llll..'ll b )C~ tht·~ "ou ld hJ\ t' to
vio lat e the ordmance . But . Mr. Fellman stated . th ere 1s a ,e~ fle xible and ea sy to foll<)\\ pro cedure . \\h,·r ,·
you fi le th e paper and say we have to compl y " 1th th t'se >late re g ula11on s and you ge t a """er
Remember. he sa id . not every co mpan y ha s prov ,d,·r of la st re sort obligations. When a tr,·et "u, crl a,d .
you don "t \\3111 a compan y com111 g 111 th e \\l'ek afier and digging up th e new pa\'eme111 be cau se the y di dn't
get 111 on it on time . The last spe cifi c con cem that Mr. Campbell rai sed was that the ordinance
comemplates a fee structure and no fee have been ad o pted yet and he 1s nght. The ultunatc fr e stru ctur e
wi ll depend . 111 pan. on whatever d1rcct10 111h c Supreme Court give s us in the Denver case , 1f th ey g ive
d1rect1011 and II 1s likel y th ey " di. Whether II ",II an s \\er all of the questions ... I don "t th111k that II will .
Mr. Campbell made a statement . and . Mr. Fellman said. I'm going to attribute 11 to Mr. Campbell JU St
co nun g back to Co lorado recemly and maybe nut being fa milia r wi th th e specific s of the Denver case . But .
Mr. Fe llman sa id . I need to correct the record as Mr. Campbell said that the Denver ord11ta11CL·. that Qw es t
challenged . ts s ubstantiall y similar to this ordinance Mr. Fellman stres st'd that that 1s ab solutl'I ) untrue
The Denver ordi nance impo sed a per linear foo t remal charge, basicall y. on users ofnghts-uf-\\a y and
th e re is nothing like that in thi s ordinance. The deposnions in the Denver case , o ,·er how the fee s \\ere
dctem1ined, took a tremendous amount of time and that is not eve n an issue here , because \\Care not
imposing any fees that exceed the actual costs . And . 111 fact. Mr . Fe llman sa ,d . as Ken Ro s;, mentioned . the
degradation fees. which are actual costs ... and even Mr. Campbe ll stated that you are allowed to recm er
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costs ... \\e are not e,·e n ,mpo 111g those degradatio n fct'S u1111l tlw Suprt'me C o un ruks o n 1ha 1 \Ir
..
Fellman po1111cd out thal the re \\er,· a lot o f tl u ngs 111 1he De m e r o rdinance 1ha1 a rc no 1 111 1h1 ; ord 111an,c It
1s likel y that 1he :upre me o un "'II no 1 es 1abh sh g 11 1deh11<·s 1ha1 '"II a m"l'r a ll of1he ,-· ques ti o n, rh,·)
may give some direction and I ho pe 1h ei du. he ,a,d Bui pnmanl ). he sa id . I ho pe 1he) g l\e d 11 er11 0 11 o n
this one issue ... d o ho me rule 111um ci pa ht1 e ha ve 1he n ght to re ro,e, all o fthci r atlUJ I co,1, from
telecommumcat1on u sers of the n g ln s-of·\\J ) 1 l f 1he ans \\er 10 thal questi o n,, no . then 1he k e ,iru,·1ure
yo u adopt will have to be l11111ted by " hate ,e r 1he Supreme C oun say you ca n recover. If 1he a ns ""' ,s
yes. yo u can recover actual col . then )OU nnpose the degradation fee s and of\\e need to ha,e funher
discussions on whether n ,s rea sonable or no l rea onable. then we will have those d1 sc uss1on s. Mr
Campbell a lso said that I n11 g h1 u ggest 10 yo u that. 111cc lh<'y arc request111 g that \\e delay ado p1111 g th e
ordinance. that I \\OUld ugges l that the y delay th e ir construc tion and. Mr. Fe llman advised . 1ha1 ,s no t" hat
I am going to s uggest. Mr. Fellman said that he th111k s Mr. Campbell is right to po111t out that there ,s a
little bit ofan 111cons 1sten cy th ere :0.1r Fellman o p111cd that Ma yor Pro Tem Bradsha" ·s s1a1e me nt 1l1J1 \\e
need lO 111form the pubh a Jon ie bu about \\ha1 \\C arc 1alkmg abou1 was good. \\'hat \\t' arc 1all-.111 g about
here 1s II 1s not Joke 1111h e pa st. \\e don 't have one telephone c ompany. one cable company. o ne ga s an d
e lectnc company We ha,·e mull,ple comparnes and some of whom. Joke Q\\est and AT&T. hJ\,· bee n
around for a long lime and some are brand new companies that. dependmg upon their capnal the y ma, or
ma y not be here a year after they get s1a11ed . We don·1 kn o w how much 1he y have dug up 1he s1rce1s b, 1he
time th ey go out ofbu mess . Jfno 1hin g e lse ... and 1h1s may not be 1he bes! a nal o g y. bu11i's 1he bc ;1
analogy we ha\'e .. !he 1elecommumcat1on s mdu stry is changing from a hoghl regulated 111Jus lr ) 10 a , e r)
deregulated mdustr) \\'e ha, e t\\O examples of what happens na11011all y, and thal ,s 1he a irlme 111du ;1r~
and the truckmg indu try \\'ha! you see ,s start up companies coming 111 fr o m all o,er 1he place. ge llin g
mto bu s iness. 101s o f capnal bemg 111, ested. foll o "ed a rnuple o f years latt·r b ) con o hda11 0 11s and 10 1s o f
bankrup1t·1e s. Mr. Fe llman stated 1ha11his ordinance need s 10 cover everybo d y 1ha1 "ants 10 use the n g ln ·
of-\\ a y So ,f Q\\eSl ha; spe die iss ue s because the y are the provider of la s t reson . he said. "e can iry 10
addre ss th o t'. but 1ht' bott om lam.· 1s Wt.' ca11·1 \\'TIil' an o rd 111 a1Kt.' fo r Q\\t·::.t. \\e ha\i.: to ,,Till· an o rd111J111:1:
for all of these compante that are competing for th e hm11ed s pace . I d o 1h1nk . he said . 1ha1 II,, ,o me" ha!
mcons1s1ent 10 uggest lO you 1ha1 because 1h e Supreme Coun ha s n ·1 rukd )d 1111he Deiner ca e 1ha 1 )OU
should contmue to operate under a law that ha sn't been modified s 111 ·e 19 5 . lie po111ted o ul 1h a1 th ere
were only a le\\ compames us 111g the C uy · s1rce1 s 111 19 : and the \\o rld, d1ffrre111 no \\. lk a ,d he .1u,1
had 1wo po1111 s 011 1he comments thal Marga rel LeJU Sle made . he said 1he ( 0 11 ) ,s tam,l,ar "uh .-\ I & I 1lw
they ha ve been here for many years and she 1s nght. Bui we need lO CO\'er every body. She sa ,d the y
couldn 't comply wnh le ning the C11 y know where they are gomg 10 be . :'v1r . Fe llman po1111ed o ut tha1 a lo t
of \\'ha1 ,s 111 1h1 s ord111ance you" 111 see in cabl e ord111ance s . Why sho uldn 't non-cable compames be
obhgaied to provide 1he same rnformauon about their fac1h11es ·1 It shouldn't JUS t be the cable companies
T o nw. he a,d. there ,s 1101 a 10 1 111 1h1 s ordmance . as far as plann111g mecungs and prov1d111g 111for111a11 0 11
abo ut "here 1he fa c ,Joue s are 111 th e nghis-o f-"ay. 1ha1 ,s 1101 already 111 AT&T's franch ise '"'h Dell\ er 1ha1
1he y signed la s ! year. their new cable fran chise . In fact. he pointed oul. a 10 1 of lh e language 111 here . 1he
GMTC. th e Greater Metro Te lecommunica1i on Co nsonium. took ri ght 0111 of that franchi se agree me111
be cause II was 1101 cable-on ly related , 11 was n g hl-of-\\a y management rt'la1 ed and so the y mo ved 111111 0
1hi s rights-ol~wa y ordmance. I recognize. Mr. Fellman said , that they stoll have concerns and. as Direc to r
Ross stated in ho s imtial comments . the GMTC ha s benefited indirectly by the meet111gs Engle" ood and
Lafayene have had wtth the mdustry. And. as other citie s are holding 111ee1111gs. !he GMTC mo del
agreement ,s going to be further modified . Mr. Fe llman s1a1ed that he is 1101 na·ive enoug h 10 believe 1ha1
we will ever get 10 th e point where both the local government s,de and th e mdustry side are gomg 10 sa y ""
Jove thi s ord mance . Mr. Fellman slated he does belie,e ... and he felt the industry rcpre se ntallves who are
here 10 111 g ht ha,·e said this and wou ld sa y ,t again ... 1ha1 \\'Care a 10 1 closer lhan we were a fc\\ mo nths ago
and because of their partictpauon thi s is a much belier ordinance . But. Mr. Fe llman said . I 1hmk you need
10 do some1hmg and if you go any funher i1jus1 gel s loo \\Jlcred d0\\11 \\here it is 1101 reall y wry effccll\e .
He said he would be happy to an s " er a ny qucs uons .
Counc il Member Bradshaw asked if Mr. Fellman \\a, plea sed ,\Ith 1lw product 1he ) ha,c 111 front of 1hrn1.
al thi s point. Mr. Fellman said I think so, I 1h111k II ,s a good product and II ,s also a product 1ha1 ha , a 10 1 uf
compronuse in it . Ms. Bradshaw thanked him .
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Mayor Bums asked 1f Counci l had any other comments .
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Council Member Wolosyn stated that she appreciated the answers to the questions . he thanked Mr.
Fellman .
Mayor Bums said yes. he th ought that was very helpful and he thanked ~1r. Fellman and ~Ir Ros,
Mayor Bums asked if anyone else wished to speak to this ordinanc e. There wa s nooned c prncn1 10
speak .
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECO:-.DED. TO CLOSE THE
PUBLIC HEARING TO GATHER INPUT ON COl1NCIL BILL -.;o. 40. A:\IE:-.Dl :W; THE CITY
OF ENGLEWOOD'S RIGHTS-OF-WAY ORDl:\ANCE.
Ayes : Cou ncil Members :-.:abhol z. Brad sha". \\\i lo,~11. Yun:hick.
Grazu hs. Burn s
Nays : :-.:one
Abstam : Cou ncil Member arrett
Motion earned and the Public Hearing closed .
Cou nci l Member Garre tt returned 10 the dai,.
10 Consent Ag~nd»
CO !'<CII. ME!\IBER GARRETT !\10\'ED. A:-.D IT WAS SECO:-.DED. TO APPROVE
CONSENT AGENDA IT[J\IS 10 (») (i). 10 (b) (i) THROllGH (xiii) and 10 (c) (i) and (ii).
(a) Approval of Ordinances on First Reading
(i) COUNC IL BILL NO . 87. 1:--TRODL'CED BY CO NCJL MEMBER
GARRETT
A BILL FOR A ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEME:S:T \\'ITII
CO LORADO STATE UN IVERSITY (CSU) FOR THE COO PERATIV E RESEA RCH PR OJECI 0\
LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT .
(b ) Approval of Ordinances on Second Readm g
(i) ORDINANCE NO . 7 1. SE RI ES OF 2000 (COU CIL BILL 1';0. 73 .
INT ROD UCED BY COU C IL MEMBER GA RR ETf)
AN ORDINANCE OF THE CITY OF ENGLEWOOD. COLO RADO AUTHORIZl:--G A:"\'D
APPROVING THE LEASE-PURCHASE OF NETWO RKI NG EQU IPM ENT FOR THI: CITY AND
PROVIDING DETAILS I CONNECTION WITH T HE LEASE-P RCHASE OF T HI: EQL 'IPM E:"\'T
(11) ORDINA 'CE NO . 72. SER IES OF 2000 (CO 1'CIL BILL 'O . 75.
INT RODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS PON EACH DOLLAR OF THE ASSESSED
\I ALUATIO OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO .
AND ESTAB LI SHI NG A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT
AUTHORITY .
(iii) ORDINANCE NO . 73, SERIES OF 2000 (COUNCIL BILL NO . 76.
INTROD UCE D BY COUNC IL MEMBER GARRETT)
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AN O RDI NANCE ADOPT IN G THE B UDGET OF T H E C ITY OF ENG L EWOOD. COLO RADO . FOR
THE FIS AL YEAR 2001.
(iv) ORDINANCE NO. 74. SE RI ES OF 2000 (COUNC IL lllLL NO . 77.
I NTROD UCED BY COUNC IL MEMBER GARRETI)
AN ORDINA , CE APPROPRIATI , G MONIES FO R ALL \1 L :'\I !P AL PL'RP OSl:S I'.\ 1111· ( 11 Y 0 1·
ENG LEWOOD , COLORADO. IN THE FI SCAL Yl:AR B G l!\':-Sl:--:G JA:--:L 'ARY I. 2001. A'.\D
EN DING DECE MBER 31. 2001. CONST IT Tl:-S G \\'H AT I TER.\1 ED rII E A:'s'.\LAL
APPROPRIATIO BILL FOR THE FIS CAL YEAR 2001
(v) ORDINANCE :--:o . 75. "ERI E OF 2000 I OL":-SCIL BI LL 7'0. -s .
I NTROD UCED BY COUNC IL MEMBER GA RR ETT)
AN ORDINANCE AMEN DI NG TITLE 11 . HA PTE R I . SECT ION I . OF T H E E:-SGLE \\'OOD
M UN ICIPAL CO DE 2000 BY THE ADDITlO:,J OF T \\'O NEWS BSECTI0:0-: 5 A:-SD 6. RELA n ,G
TO MIN IMU M STANDARDS FOR C0\1M ERCI AL VE HICLES.
(vi) ORDl:-.IANCE 1\0. 76. ERI ES OF 2000 (COL':,; I L B I LL '.\O -9_
INTRODUCE D BY COUNC IL MEMBER GARR ETT)
A N ORD INA, CE AMENDING TITLE 1. CHA PTER 6C: TITLE 3. CHAPTE R 5: T ll 1. I: 3. CII A PTl:R
6: TITLE 7. CHAPTER 7: TITLE 8, CHA PT ER 3B: TITLE 8. CHAPTl:R 5. ECT IO:-SS 9 A:-SD 13 :
TITLE 11. CHAPTER 3C: T ITLE 16. HAPTER 2: TITLE I 6. HA PTER 4 : A:0-:D T ITLE 16 .
CHAPTER 5 OF THE ENG L EWOOD ML''.'l l CIPAL CO DE 2000. PERTAl:-SING TO CO RR ECT IO'sS
OF CODIFI C A TIO
(vii) ORDINANCE NO. 77. SE RI E 0 1· 2000 I OLSC IL BILL 7'0. 0.
INTRODUCE D BY CO NCI L MEMBER GA RR ETT)
A ORDINANCE A THORIZI ;GAN I NTERGO \"ER'.\:\11:N I /\L AG Rl:1:\11::'\T WIT H SOU H
METRO FIRE RESC E EN TIT L ED .. MUT AL AID Al ··1 O \I AT IC AID AliREl:\-I F'.\ r (l·IR E) 2000··
FOR MUTUAL A TOMA TIC AID FOR FIRE PR OTECT IOS FR0 \113 0 l"H l:NTITll:S.
(nu ) ORDI NA:-.ICE NO. 7 . Sl:Rll:S 0 1· 2000 I OL "SCIL BILL '.\O . 81.
I NTROD UCED BY COUNC IL MEMBER GA RR ETT)
AN ORDINAN E AMEND I NG TITLE I , CHA PT ER 5. "ECT ION 2. Sl'BSECTION 9. OF TH E
ENGLEWOOD MCNICIPAL CODE 2000, REGA RDI NG OATII .
(ix) ORDINANCE NO. 79. SE RI ES OF 2000 (COUNCIL BILL '.'JO . 81.
INTROD UCED BY COUNC IL MEMBER GARRETT)
AN ORDINANCE AUTHORlZ I GAN AGREEMENT TO EX CH ANGE REAL ESTA Tl: Bl:T\\"l:l::'\
POA G A 1D M cEWEN LIFEST YLE CENTERS-LITTLETON L.L.C . AND THE CITY OF
ENGLEWOOD. COLORADO .
(xl ORD!. ANCE NO. 80. SE RI ES OF 2000 ( 0 C IL BILL NO . 83 .
INTROD UCED BY CO NCIL MEMBER GA RR ETT)
AN ORDINANCE AUTHO RI Z I NG A .. LI EN I: AG REEMENT" FOR THE CITY DIT H TO POAG
AND McEWE LIF ESTYLE ENTE RS-LrnLETON L.L.C.
(xi) ORDINANCE NO. 8 1, SE RI ES OF 2000 (CO UNC IL BILL NO . 84.
INTRODUCED BY COUNC IL MEMBER GARR flTJ
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AN ORDINA CE AUTHORIZING A --G RA:-.T OF CONSTR CTIO N EASEME1'T" FOR THE CITY
DITCH TO ASPEN GROVE Bt:SINES l\1PROVEMENT DISTRICT. A QUASI MUNICIPAL
CO RPORATIO N (BID ). PO AG AND McEWEN LIFESTYLE CENTE RS-LITTLETO N L.L.C.
(x 11) ORDI "ANCE NO . 2. ERJE OF 2000 (COUNCIL BILL NO . 85.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORJZING THE PURCHASE OF 2357 WEST WESLEY AVENLE BY THE
CITY OF ENGLEWOOD , COLO RADO .
(xiii) ORDI. ANCE NO . 3. SERIES OF 2000 (COU~C IL 131LL \!O . 6.
INTRODUCE D BY COUNCIL MEMBER GARRETT)
AN ORDL ANCE AUTHORIZING THE PURCHASE OF 239() WEST WESLEY AVENL "E 13Y THI-
CITY OF ENGLEWOOD. COLO RADO .
(c) Re oluuons and Motions
(1) RESOLUT ION NO . 89. SERIES OF 2000
A RESOL UT IO 1 A THORIZING THE ENGLEWOOD PUl3LIC Lll3RARY ro l\ll'LI \II-'.\ I 111 1
ANNUAL ··FOOD FOR FINEs·· PROGRAM FROM NOVEMBER 13. 2000 THROt:G H DE 1-\1131 R
15 , 2000.
(ii) AUTHORJZING THE LIBRARY DEPARTMENT TO APPLY TO THE
STATE OF COLORADO FOR FUNDS UN DER THE ANNUAL STATE GRANTS TO Lll3RARIES
PROGRAM .
Vote results:
Ayes:
Nays:
Motion carried .
11 . Regular Agenda
Council Members Nabholz. Garrett. Bradshaw. Wolosyn.
Yurchick . Grazuhs. Bums
None
(a) Approval of Ordinances on First Reading
There were no addiuonal items s ubmitted for approva l on first read mg. (See Agenda Item I O -Co nsent
Agenda .)
(b) Approval of Ordinances on Second Readm g
Ii) Council Bill No. 74. amending Title 5. Chapter 26 of the Englewood Mun1 c1pal
Code penaining 10 trash haulers was considered .
Director Gryglew,cz advised that this make s changes to Title 5, Chapter 26. which is the hcens mg of tra sh
haulers . What thi s doe s. he explained. is limit trash collection 10 two da ys of the week. Mondays and
Wednesday 's and it make s provi s ions for ahemarive pick -up days for inclement weather and mis se d pick-
ups .
Mayor Burns stated there has been a lot of co nfu sion about 1h1s ordinance. There have been a lot of phone
calls and letters we have received , he said, from folks who thmk we are restricting the number of haulers
and that the public doesn ·1 have the freedom and ability 10 hire their own hauler. Mayor Bums asked
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Director Gryglewicz to speak to that. Director Gryglew,cz s tated that . to l11 s knowledge. no ne of th e
haulers who are presently li censed. are not go 111 g to pick-up ... the ) arc go mg to 0 111111ue to pu:k-up . the ~
are just going to alter their sc hedul es .
Mayor Bums sa id he understood tl11 s will also give th e C it) some ad ,·amage 111 enforc 111g the o rdinance on
pulling o ut the trash at certai n tunes and whate,,·r He asked 1fthat \\a rnrre t. ~la )O r Burn s asked how
this ordinance will assi st the C it y 111 e nforcmg us tra sh co ll ec 11 011 o rdmance . l)ir,.~ctor G r)glewicz
explained that 1ftrash is o ut. sa y. on Tuesda ys and that 1, 110 11h e da y a ti er a ho hda \. o r Fnday . the da y that
1s not authonud. th e n that allows o ur Code l:nforce 111e 111 people tu kn o\\ that \hat 1ra h I o ut there un an
unauthorized da y. whic h can lead to a lot of problems. of tra s h ge nmg kno ·ked mer a nd 111 s JUSt ge neralh
unsightl y.
Council Member Bradsha w sa id she wan ted to say. again. that all of o ur res ide nt s have th e freed om to
choose their own trash ha ule r and tlu s 1s 3u st go mg to help us enforce some of th e rule s that ,,e have
Direc tor Gryglew1cz sa id absolutel y and hopefull y thi s wi ll reduce some of th e unsightline ss o f ha vmg
tra sh out all the tune. truc ks th at can go down every day of the week and reduce some of the we ar and tear
on our streets .
Council Member Brads haw noted that. 111 esse nce. th e same trucks wi ll be goi ng down. but the re will be
certain days that people put thelf tra s h o ut and there will be four days tha t tra sh wou ldn't be o ut on th e
streets . Director Gryglewicz said yes .
Council Member Nabholz advised that she had se ,·eral ca ll s from Virginia S mith and Beny Acker and they
are concerned that. number one. the y didn ·1 want the change and number two , the y are co nce rn ed a the y
are receiving senior discount rates, c urrentl y. from thelf trash hauling company and they wanted to make
sure that Quality Trash Ha uling Se rv ice ha been p laced in the bid process. Ms . 7'!a bho lz sa id he
understands the y are new m Englewood and th ey don ·t ha ve that many trucks . She sa id she apprec iated th e
article that came out m the Herald that explamed that we are not setting up a monopo ly. th at ,,e are
required to have a tra sh sernce and thi s 1s the be s t so luti on to cut do,m o n th e wear and tear o n o ur str ed s .
Council Member Ga rrett adv1>ed that he ha s had a couple of ca ll s as well . O ne dealt ,, uh commercia l
establishments. that he did not believe ,,ere covered by thi s o rdinance . and 1,,0 . th ey \\ante d to mak e s ur,·
that churches qualify a s a commercial establi shment und e r the ordmance . Dlfector G ryg lew1 cz stat ed that
this only impacts re s 1den11al pi ck-up .
Council Member G raz uhs said she too ha s rece iv ed man y call s o n thi s and the o ne company. Q ualit y. that
does give th e sc mor d iscount. o nl y picks up on Tuesdays. ll1at, s he sai d. is her conce rn .
Co un ci l Member Bradshaw no ted that if peopl e have the1r tra sh out fo r pi ck-up o n Monday or Wednesda y.
then T ues day 1s still 111 that parame ter. She as ked if that is true . Direc tor Gryglewicz asked that she re peat
the que sti on . Ms . Bradshaw pointed o ut that one o rdinance we have sa ys yo u can put yo ur tra sh o ut up to
24 hours ahead of time , so that mean s S unda y for Monday or Tuesday for Wednesday.
Council Member Garren noted Quality only pic ks up o n Tuesdays so ma ybe th ey co uld adJu st II to
Wednesdays.
Council Member Grazuli s reiterated that she is concerned about that.
Co uncil Member Na bhol z asked if they thought it wa s time 10 bring the tra s h haulers to the ta ble once
again , even though it has been discussed for fiv e ye ars and di scuss with th e m. o nce aga m. what our needs
are . what our citizens needs are. She asked if th ey tho ught that was go mg overboard .
Mayor Bums co mmented that this thing ha s been studi ed to death. that o ur Code Enforcement people ha ve
just wo rked and worked and worked on thi s . He sa id he thought we didn 't ha\'t' an y haul e rs who were
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refusing to pick-up on the prescribed days . Director Gryglewic z said that. to hi s knowledge . none o r o ur
licensed haulers have declined to participate .
Council Member Grazulis asked if it was true that BFI was only going to do it on a Thursday or Fnday.
Director Gryglewicz said it was hi s understanding that they would rearrange their schedule and pick -up on
Monday and Wednesday. Ms. Grazulis said that was good , because she thought s he had heard at one time
that it was going to be a year. Counci l Member Wolosyn advised that they already pick-up on Mondays .
Council Member Bradshaw stated that it wa s Waste Management that sa id it wou ld take a yea r to chang e
their schedule . but then we chose to se lect the da ys the y are here . th erefore there s hould not be a probkm.
Mayor Bums asked if we could find o ut about Qualit y, because that is the one he j ust heard a bo ut to111 gh1.
Council Member Bradshaw stated Quality picks up on Wednesdays .
Council Member abholz said the y may do Monda y and Wednesday. s he just dido 't kno\\. The y are a
new trash company. just gettin g started and the y ha ve very neat . clean tra sh trucks .
Council Member Bradshaw noted some body in the a udien ce mi ght kn o ".
Director Gryglewicz said he wa s no t aware o f any haulers who coul d not \\Ork 111to the
Monda y/Wednesday sc hedul e.
Ma yo r Bums s uggested the y make ure. because Co un c il 1s co nc e rn ed about th at
Council Member Garrett as ked if the y were going to dela y the ord111ance .
Mayor Bums commented that he th ought it \\Ould be \\I Se. 1ft he y are ge tting the re port that some o f th e m
are not p1ckm g up on these da ys and there are se nior di scount s involved . that he th ought we ne eded to
lanf) thal.
u; Manager Sears advi sed that we ca n do a folio" -up "uh all of the tra s h haulers .
C'ounc 1I Member Brads haw suggested they bnng thi s ordmance back o n the 20''.
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECOl'>DED. TO CONTIN UE
COUNCIL BILL NO. 74 TO NOVEMBER 20. 2000.
Ayes:
Nays :
Motion camed .
Council Members Nabholz, Garrett . Brad sha\\. \\'0 Io s;11 .
Yurchick , Gra zuh s. Bum
No ne
Ma yo r Bums noted the y would continue thi s matte r to th e 20'' and wnfy that all th e tra s h hau ler arc 111
hne with the proposed ordman ce .
(c) Re solutions and Motion s
There were no additional re so lutions or motions submitted for approval. ( ·ee Age nda Item 10 -Co nsent
Agenda .)
12. General Discussion
(a) Mayor's Choice
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(i) Mayor Burns thought everrone had received a copy of the agenda for 1he Me1ro
Mayor 's Caucus Meeting to be held on November 17' here in o ur Community Room. He a id II \\a 1he
firsl time in the seven year hi story of the Caucus tha1 lhe meeting will be held in Engle" ood . becau se "e
now ha ve a facility large enough for th e m to meel 111 . He uw11ed all of the members of C 11 y Counc1l 10
anend . Mayor Bums noted they have quite an agenda and some very interesting s peakers. as the y can see
from the li st. T he Cauc us \\ ill be deciding what their role sho uld be m th e next rnuple of years and al so
reviewing what happens in th e election tomorro\\ with all the ballot issues. It will be a ve ry 111tcres 11n g
mee ting. he said. and \\e will serve breakfas t. He encouraged all of Council to attend .
Council Member G razu hs a ked about the tune . Ma yor Burns advised II wi ll be held from 9 :00 a .111. 10
noon o n Friday. the 17•h.
Council Member Bradshaw noted she \\'Ill be unable to atte nd . as she will be teachmg dunng th at 11111 0
(b) Counc il Member's C hoi ce
(i) CouilCl l Member Nabho lz said that Mark Ma lu cc1 , who 's daughte r \\as 111
C hildren's Hos pital three years ago. brought six vid eos and d1sco\'ered that th e parents on the lilih Oo o r
were fi g hting over those video s. Tlus is will be his th ird year. the Malucci Drive for Child ren 's Hos pital.
and they are looki ng for \'ldeos. e\'en if yo u make yo ur own vid eos. VCR ·s. pl ay s tation . c ash . She sa id
let's get these kids some th ing to watch . Brian Gne e has stepped up the plate and" 111 be o n bo ard as "e ll
Ms. Na bholz advised that she spoke to Director Black and 11 1s so methmg that the Park a nd Re creauo n
Youth Advisory Counc il will be working o n. Hopefull y. \\'e can put a Jug here at C uy Hall and o ne at th e
Malley Center . Let's ge t th ese kid s so me videos to \\atch. s he sa id . because th ey are so s 1e·k 111 hed . and
son~t1mes the y are not able to go down to the activity room or read.
Counci l Member Bradshaw sai d u is a good idea .
(ii) Counci l Member Garrell comment ed th at when he \\a uung in the ba ·k II son
of brought up his me mory of the old days ofsittmg in hi s southern churc h ... the hard pe" !·le sa id he ha ;
a lo t more sympathy for the peo pl e s mmg o ut th ere than he d id . until he "ent out and at" nh th em O ne
day. he sa id . the y took up a collecu o n and g01 cushions and th at rcall ) made a d1ffrren ce He ;aid""
nught \\ant to consi d er that sometime III th e future for e,cr~·o nc to II on. be,J U><' th o a a 1,· p1ett ~ hJrd
benches for our lo nger meetmgs .
Counc il Member , abholz said that was a good pomt.
(iii) Coun ci l Member Bradsha" rermndecl ounc il that th,·) \\Ill no t hJ ,e ,1 S1ud ~
Sess ion next Monday night. She noted C ouncil \\Ill ha,e a reg ular S tud ) Se»1un JIIU 1egulJ 1 Coun,il
Meeting on the 20'" of Nove mber.
(iv) Coun c il Member G ra zulis said she wa nted to let people know that th e
Engle wood Hi storical Society is having a program thi s Thursday cve111ng . in the on1111u 111t y Roo m here . at
7 :00 p .m. It is a o ne-woma n play about Molly Brown. Ms . Grazu hs said 11 1s very, ,ery \\ell done . that she
ha s seen it before with a ll the cos tume s. She invi ted everyone to come . She said 11 1s fr ee .
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Counc il Member Bradshaw offered a reminder of the meet mg tomorrow night. here, at 5 :00 p .m. \\1th the
Eng lewood Downtown Deve lopment Authority and fo ur members of Council upsta irs III th e C ny Ma nager
Conference Room.
13 . Cily Manager's Report
(a) City Manager Sears noted there were two issues on th e S tud y Sessio n earli er 10 111 gl11 .
One re lat es to movi ng ahead with the R FP 's a nd th e o th er relates to the T rans po rtati o n Managemen1 Plan .
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He said he would hke to put those off to the 20'" unle s there wa s a fed111g among s taff th at th e) n,nk,I
direction tonight from the Council to proceed.
Director Ro ss ad, 1sed that he put mgether a sc hedule, "h1ch ,s 111 the Co unnl packet and . unfortuna td ,. 1f
he does n't get dire t1011 tonight he wtll start los 111g 11111e on that sc hedule. so he just wanted to ca ll that to
C 11y C'ounc11"s attention . 1-k noted that 1f\\e don 't ha\'e pro1e ct completion by :\,)\ember 9. 200 1 and'"'
push 11 back a couple of"eeks. if Council ha s no problem with that. then the y can pus h 11 ba ck to
November 20'"
Cou ncil Member Bradshaw asked 1fthis 1s for the Englewood Transportation Plan. Director Ro ss sa id that
is correct.
Council Member Bradshaw ad\'1sed that she read II and she saw nothing \\TOng "11h 1t.
Mayor Bums said he read 1t. too . He a ked ,fanyo ne on Council had any question about 11 . :'-la )or B,mi,
stated that he was prepared to go ahead w11h II after reviewing it. He atd 1f Direcmr Ros needed d1rect1011
tonight . in a Study Se s ,on format. that he thought the Council had indi cated their apprO\ al and 1s
supportive of gomg ahead "1th th e RFP and keepm g o n sc hedule .
Counctl Memb..-r Brad ha\\ noted the o ther thing \\aS Bo b Simpson 's. Cou nc il :'-!embe r ll'olo ,)n ,a1d tllJt
she would hke an opponunll} for more dt cuss1011 on that.
Council Member Brads ha" asked 1fthat ha alread) been throug h EDDA . Dire ctor Simpso n a,h 1sed th a t 11
has been rev1 e "cd by EDDA and 111 fa ct. \\hat C'ounc tl "tll ee 111 th e 1r attached me mo." tl1Jl the; hJ\c'
received onunent from them and re s ponded 111 k111d to each o ne o f th ose I sue s. \\\• behc·w tlrnt 111u ch o f
that 1nfom,at1on ha s been in c luded. he said. and we \\Ould b,· happ y to go OV('r that" 1th C'o un c tl \\'ear,·
a lso very pleas,·d to talk to EDDA on Wednesda y about tlu s. too. he aid. Director S1111pso n ad, 1sed th at
the y an dela) thi s
Mayor Bums a ked 1fthe) art' gomg to ha,·e a prons 1o n th at no one who 1s an applicant ca n se r\'e on th e
rene\\ comnuttc,· 01r,·c1or S1111pson sa id , 1f that 1s Counc 11's direction. they can make sure 1hat 1s
included. Coun 11 Member Bradshaw said yes . Mayor Burns opined that that is Just mandatory. Council
Member Brads ha" tated u i nitical. Director Simpson aid okay.
In res pon e to ounctl Member Nabholz, Counc il '.'vlember Bradshaw explained that thi s ts for the
Developer Quahficattons for Acoma and Elati .
Ma yo r Burns asked 1fthat wa s sufficient directton . Director Simpson s aid yes u 1s .
Coun ci l Member 'abhol z advi sed that Sam Kaufman called her. along with a me ssage , that he \\US ve ry
pleased and he l,ad three problems that came up. but the y were handled very quickly so he was very
impressed and for once he ha s no problems with up and down Broadway . So. kudos to you, she said . good
JOb .
(b) u y Manager Sears advised Council that he. Chns Olson and Jim Ulrich. "ould be 111
Ermnitsburg. 1rgin1a , next week . for a Federal Emergency Management Plan with about 60 people from
Arapahoe Count y. He sa id u 1s patd for by the Federa l Government and he felt 1t wa s kind of unportant
that Engle"ood ha,e a prese nce thert'. because \\C need to be coordinated with the Co unt y in an y type of
emergency s uuatton . We will be there for the entire week. from Saturday to Friday of the next week . he
said. but we will keep the Council posted .
(c) C 11y Manager Sears said he would hke to ask the Coun c tl to i;o into Executive Session
for a short p,·nod oft1111c and potenttally come back and finish the meeting regardini; a real estate issue .
1-1 . City Allorney's Report
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Englewood C ily Council
Nove mber 6, 2000
Page 24
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C it y Attorney Brotzman did not have any matters 10 bring before Council.
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECO:liD[D. TO GO 1:-iTO
EXECUTIVE SESSION REGARDING A REAL [STAT[ ISSl"[.
Ayes :
Nays:
Motion carried.
Coun c il Members Na bholz. Garrett . Brad ha\\. Wo los~~,.
Yurchick , Gra z ul is. Bums
No ne
The meeting recessed at 9 :4 0 p.m. 10 go into Executive Sess10 n .
The meeting reconvened at 9:52 p .m . with all Coun c il members prese nt .
COUNCIL MEMBER GARRETT MOVED. A:liD IT WAS SECOl\D[D. TO ["ID THE
EXECUTIVE SESSION.
Ayes:
Nays :
Motion ca rri ed.
Council Me mbers :-.'abhol z. Garren . Bradshaw. Wolosyn.
Yurchick . Grazu lis . Bums
None
Mayor Bums stated they had no Council action to repon at thi s time .
15. Adjournment
EMBER NABHOLZ MOVED TO ADJOL'Rl\i/. The meeting adJoumed at 9 :53 p .m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 6, 2000
7:30 P.M.
Englewood Civic Center
1000 Englewood Parkwa y
Englewood , CO 80110
1. Call to order. '7:!J? ~
2. Invocation ./)~
3 . Pledge of Allegiance . ~
4 . Roll Call. 7-~
5. Minutes .
. .
f/h{)d /;-()_-/a . Minutes:~ the meeting of Regular City Council Meetin g of Octobe r 16 , 2000 .~
7 r {M,<Jl;,J : IJlr!JI~
6. Scheduled Visitors . (Please limit your prese ntation to ten minutes .)
a .
b .
C .
d .
e .
f.
Englewood Re sident Ron Trujillo will share with City Council hi s apprec iation for th e
efforts of a City employee.
Debbie Guinther of Cornerstone Book s will address City Council regarding retail
development/big box subsidization.
Li sa Knudsen , Executive Director from the Mountains and Plains Booksellers
Association, will address City Council regarding retail deve lopment/big box
subsidization.
Buster Keenen, from the Boulder Bookstore, will address City Council regarding retail
development/big box subsidization .
Paul McMath from McMath Properties will address City Council regarding retail
development/big box subsidization .
PINN note: If you have a dlaablllty and need auxiliary alda or aarvlcea, pleaaa notify the City of Englewood
(303-782-2405) at leaat 48 houra In advance of when aarvlcn are needed. Thank you .
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Englewood City Council Agenda
November 6, 2000
Page 2
7.
8 .
9 .
g. Bobbi , the owner of Country Gardens , will address City Council regarding retail
development/big box subsidization .
Unscheduled, ~i~itors. 1(Please limit your PJ.~entation to five minutes.)
4. SILL.. r!.t-,r YfOtv C. n.121.y OE.SHU.£.. ~-Vk f}U</INAJ I
/J-,. Al A~ Y £.US.A) t~ K d. P/l.J~lu..A BUIJur
Communications , Proclamations, and Appointments.
Letter from Mar,ilret .R . ~iffin indicating her re signation from the Engl ewood Publ ic
Library Board.~~
{/,<,,~.,. .,/..._ ·J.J. .
PublicHearing. ~r}~-O-/ V UM .. ,(.U,V7'/{J.)1}-()_ W~~ ~
'O/t,'341a1 : GII-Ph:Jn
a. A Public Hearing to gather ir1put on 'Council Bill No. 40, amending the City of
Englewood 's Rights-of-Way.(~~-
.J"/1M t A-/AP86./...L (qw,sr),
11
\
~~t.l,AJe.U LE..J'IJ s~ ( .4 T<f-T f,R!.>MJl,4-A)~ ut'Z l 10. .consent A~enda . -,.; F-IUJM,JCS/>WAl-~u~t-~ t;;U.U,mlYJUJ/{'AJIJ? · ()-00 a. Ap~11.,v.1,u,OrdinancesonFirstReading. ~~~~~
~ ~ . · i. COUNCIL BILL NO. 87 .. Re co mmendation from the Littleton/Englewood ~ ... : ;1\1
) Wastewater Treatment Plant Supervi sory Committee to adopt a bill for an @ \ ordinance authorizing an Intergovernmental Agreement with Colorado State
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University for a cooperative re se arch project o n land application of sewage ~ ·, 110~ .,. , biosolids on dryland wheat . STAFF SOURCE: Stewart H. Fonda, Director of
(}l \'01( 7 Utilities.
{)I)/ )
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Approval of Ordinances on Second Rea ding.
i.
mJ.J..'lJ.., ii .
(JUI 'l3 iii.
NJ 'le./ iv .
02l JI ?.:: V.
(J?ri.JJ'N vi .
vJJ) '17 vii .
IJ{ J:11-IJf viii .
Council Bill No. 73, approving a lea se/purcha se of Ci co netwo rkin g
equipment.
Council Bill No. 75, establishing th e 2000 Mill Levy to be co llected in 2001 .
Council Bill No. 76, approving th e 2001 Budget for th e City of Engl ewood .
Council Bill No. 77, appropriating fund s for Fi sca l Year 2001 .
Council Bill No. 78, relating to minimum standard s for co mmerc ial vehicles.
Council Bill No. 79, amending various sect ions of the Englewood Municipal
Code 2000 .
Council Bill No. 80, authorizing an Automati c Aid Agree ment with South Metro
Fire Re sc ue.
Counc il Bill No. 81 , clarifying th e City Clerk 's power to administer oaths at City
Council meetings .
P ..... note: If you have a dlublllty and need auxiliary alda or MrVlcN, plNH notify the City of Englewood
(303-782-2405) at lent 48 houra In advance of when MrVlcN .. l'INded. Thank you .
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~nglewood City Council Agenda
November 6 , 2000
Page 3
(17)#1)9 ix . Council Bill No. 8 2, authorizing an Agreement to exc hange Real E tat e b ' "
Poag and McEwen Life sty le Centers . Littl eto n L.L.C. and th e City of En gle "ood
/Ytd/J. &) X. Council Bill No. 83 , authorizing a License Agreement for the City Ditch to P g
and McEwen Lifestyle Centers -Littleton L.L.C.
(JIJJ g/ xi . Council Bill No. 84, authorizing a "Grant of Construction Ea sement ' fo r th e Ci
Ditch to Aspen Grove Business Improvement District , Poag , and McEw en
Lifestyle Centers· Littleton L.L.C.
(J7dJif:L xii . Council Bill No. 85, authorizing the purchase of re si dential property locat ed a
2357 W es t Wesley Avenue .
(T)J,Jlf3 xiii . Council Bill No. 86, authorizing the purchase of reside nti al property loca ted at
2399 West Wesley Avenue.
c. Resolutions and Motions.
i. Recommendation from th e Library Department to adopt a re solut ion auth oriz 1n _
the Englewood Publi c Library ' Annual "Food for Fin es " program . STAFF
SOURCE: Hank Long. Director of Library Services.
ii . Recommendation from th e Library Department to approve, by moti on , an
application for grant funding from th e Stat e of Colorado . STAFF SOURCE : Hanl..
Long, Director of Library Services.
11 . Regular Agenda .
Approval of Ordinances on First Rea ding.
ff
b . Approval of Ordinances on Second Reading .
a.
~-'7-0i. Council Bill No. 74, amending Title 5, Chapter 26 of th e Englew ood Mun ici pa l
Code pertaining to trash haul ers.~
c. Resolutions and Motions.
~
12 . General Discus sio n .
a. Mayor's Choice .
b . Council Members' Choice .
i . Disc ussion of proposed real esta te agre ement .
13 . City Manager 's Report .
,..._ nola: I you have• cla1ll 11Ny ..ca nNd auxiliary •Ida or wvlcN, plew notify the City of Englewood
(303-712-2411) ......... houra In advance of when NrVicN ......... Thank you.
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Englewood City Council Agenda
November 6, 2000
Page 4
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14. City,.{\tt_o~ne"'s Repor' /?_ _ . • • ()pµJ ?-0 !ti~ ~'WiO.JAl;O'U'L&Jioi,.,«,(IL~ tJ.. ./2tJ. p/Lto,~
I? FU>'iUJ -q;c./() ~ • .
~'J-0 ~AUtH.J.~ ~~~(9.·15.;...,_.J
/J~~ ~ ~llfW-C/:53iuA_
The following minutes were transmitted to City Council tSetween October 13 and November 2,
2000:
• Englewood Public Library Board meeting of September 12 , 2000
• Englewood Urban Renewal Authority meeting of September 13 , 2000
• Englewood Board of Adjustment and Appeals meeting of September 13 , 2000
• Englewood Parks and Recreation Commission meeting of September 14, 2000
• Englewood Cultural Arts Commission meeting of October 4 , 2000
• Englewood Liquor Licensing Authority meeting of October 11 , 2000
P1Nu nole: If you have a dlublllty and need awdllary .._ or NrYlcH, plNN notify the City of Englewood
(303-712-2405) at lent 48 houra In advance of when .-vtcN .. IINCled. Thank you.
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.KenRoss 10/10/2000 01 :30 PM
To · dmdiehl@qwest.com . gelam@mmfn .com , dhaverkate@wideopenwest .com ,
chayes@irelandstapleton.com , Lejuste .Margaret@broadband .att .com , lowens@mcleodusa .com .
bduchen@rivoaks .com , rolandr@unitedpower.com , rsmith@psco .com . pete .west@xcelene rgy co m.
Far1ey .Wendy@broadband .att .com
cc · Leigh Ann Hoffhines/City of Englewood@COE
Subiect: ROW Ordinance Update
Thanks for taking the time to review the subject document and meeting with us to discuss your
suggestions and concerns . It caused us to take a fresh look at the ROW Ordinance aga in. Attached are
the proposed changes that came out of these meetings and discussions and the follow -up meetings with
legal counsel and staff.
These changes have been sent to our attorney's office for inclusion into the ROW Ord inance . The
proposed schedule is for 1st reading to occur on October 16 , the second reading and public hearing w ill
then be on November 6 .
D
Proposed Revisions to ROW Ordinance~
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J~:oF=cfTK>N~~SS&.."~~~-s...~~~~~~~,
I T~ I
~; ENGLEWOOD HERALD j '
~ i f STATE OF COLORADO ss ;_
;~, COUNTY OF ARAPAHOE ;. I f i t' I, I. Jeremy Bangs. do solemnly swear t.
,;: lhal I am lhe Editor of the !·
,,) Englewood Herald CITY Of lNGLEWOOD ,: I ;_ ,,1 and lhal lhe same is a weekly newspa-NOra o,....: Hl.-.a ,
~ per pub li shed in the city of Littlelon in t.
1,! the County of Arapahoe, State of No11ce la herwlty given 1Nt ... ::
,~) Colorado. and has a general circulation Clly Council of the City of ~. :
fJ ColenNlo hu echeduled • Pullllc Hamtnt • ;,., therein ; thal said newspaper has been ,... the 11ag·u1er ·city Councll IINllnt of 'i ,,l published conlinuously and uninterrupt-Na ta , _ •7:30 p.m. In the City ,
~~ edly in said County of Arapahoe for a c..idl ~ of Englewood Civic !· it period of more than 52 weeks prior to Cenlar, 1000 Englewood Parkway, ID
~, the firs! publication of the annexed COllelder AN ORDINANCE RePEAUNO ,t mu 11, CHAPTERS 3(Aj, 3(B), 3(C), AND <~ notice ; lhal said newspaper is entered in mu 12, CHAPTIR 4; AND CfteATlNO A
,,1 the Posl Office of Littleton, Colorado, NIW TITLE 11, CHAPTER 7, EN1lTLm)
~ as Second Class Mail malter and that "CfTY RIGHTS Of WAY -PERMITS AND
,~ the said newspaper is a newspaper MGUNIIIENTS·, OF THE ENGLEWOOD
~I MUNICIP~COOE. ~ with in lhe meaning of the act of the
(~ ~;~;~~/::~o~!d 0~a::~ :t;92~~
~ and entitled '"Legal NollcH and
~, Advertisements"' and olher acts relat-
,~ ing to the printing and publishing of legal
,;, notices and was published in the regular
·:~ and enlire issues of said newspaper, ;!' once each week, on the same day of
<•' each week. for a period of
;~ J, ;
' ' ~
:-
Lconsecutive insertions and that
lhe forsl publtcal ion of saod nolice was in
the · ~ue o aid wspape r dated
The lasl publication of said nolice was in
the issue of sa id newspaper dated
(Councll 9111 No. 41) All.,._. ....... ...,..,..
oplnlofta In .l*Nft el the llwllc Ham1nt
or In wrtang to Ila l9Nlwed by the Clly
Clartl by 11:00 p.111. Oft Nclvanllar •• -· ~ wlahlng ID ..... al the Pl..ic
Hamtnt -y .. the City ~-Offloa. m-112..za. ........ ...., ... .. ., .............. -............. ...
door.
ay.,...,o, ... ~ City
c:-tl.
/al~A.llls
Clly CISltl
1 ......... ...,.
. . ..... N4.C011'110
nnrs c ---•-., ................ ~
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' '· '· ~ .; ----" t JUDITH A. BLOEMEN {,
' NOTARY PUBLIC ~ l.~;=:;;:~~:~, I
~~~~~~:
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l MOOFMPWl~~sss..."~~ssc-s-..~~~~'--S~~~"~ss]
w. THE . ~ STA:;~~~:~i:A:RALDSS 1 ~ COUNTY OF ARAPAHOE ~:
~ I, Jeremy Bangs . do solemnly swear }. ~ that I am the Editor of the t
({ Englewood Herald CITY OI' 1!NG1.!WOOD i' ~ and that the same is a weekly newspa-NDnCa OP Pla,C .._ ! ~ per published in the city of Littleton in f
~) the County of Arapahoe, State of Notice le heraby given tllal .. t' ~ Colorado. and has a general circulation C".tly Council o/1 the City ff lngl1 1111, ::
~~ therein ; that said newspaper has been ~ ..::,~ ~ ,!
<J> published continuously and uninterrupt-.. S J t. -• .,. .. "'91. In the City i:
?.) edly in said County of Arapahoe for a Councll aian..r. oil Inglewood Cl¥lc: J
~( period of more than 52 weeks prior to Cenllr, 1000 lnalewoocl l'artlway, lo ,
~!> the first publication of the annexed ~.~i:= ~
( notice ; that said newspaper is entered in mu 12, CHAPTa 4; ANO <:MATING A ~
(9 the Post Office of Littleton, Colorado, ..W mu 11, ~ 1, INTITUD ;:
~> as Second Class Mail matter and that "CITY 11110HTS OI' WAY -PElllllfTS AND ,
,, the said newspaper is a newspaper ~w. OF THE ENGLeWooo ,.
l(t IIW.C.AL CODE. t) within the meaning of the acl of the (c-tl 11111 No. 40) ~
~> General Assembly of the State of All..___,...-mey ..,,_
~; Colorado. approved March 30 , 1923 , oplnlone In . .--el .. "*le Heerlng
,fl and entitled MLegal Notices and or In wrtang lo lie IN8lved by the City
~
1
" Adver11Hmenta" and other acts relat-Clertl blf 1:00 p.111. on No¥ember I, 2000.
An,-. wlehlng lo apeell at .. Pullllc ~,•J ing to the printing and publishing of legal "-tne mey NI the City . Cleltl'I Offloe,
, notices and was published in the regular 30S-711.W, lo ...... 1 ,,_....,.., :t and entire issues of said newspaper, or I algn up ellNI wll IN IYlllallle at the
11) once each week, on the same day of door. 1:~ each week . for a pe ri od of llr.,... o/1 lhe l!fllleWoocl City
(J_' Councll . ~ Lconsecuttve in sertions and that
;;) the first publicat,on of said notice was in
,, ~!~aperdated
1}~r202000 ,,)
'" 1;' The las! public a11on of sa id notice was in
:;. the issue of sa id newspaper dated
l t i
it 2000 ~i ~B~ ?,~ sq,;;i;;;;-~ ~
'I.' ~ Subscri bed and sworn to before -.. ., . .,=,·~
f &;,~_000
/el~ A. lllla
Clllf Cieri!
10DD .......... flllwr.
. ., ... ON,C0111110 Pt? C ....... _ ................. ~
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~~~~~L:LL.6:~~'12.,L;.~~n.~r-~---·------"" ,} l JUDITH A. BLOEMEN f.
NOTARY PUBLIC ~
STATE OF COLORADO f
My ConmtUIQn E"l)1re1 0712~;~2 ~ SS$......~~~~$1
No1:iry Publ ic
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ORDINANCE NO .
SERIES OF 2000
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BY AUTHORITY
COUNC IL BILL NO . 40
INTROD UCED BY COUNC IL
MEM BER WOLOSY ,
AN Ai\1ENDED 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 REQU IREMENTS", OF THE ENGLEWOOD MUNICIPAL CODE .
WHEREAS , obstru ctions a nd e xcava u on s in City rights of wa y dis rup t and in te r fer e wi t h public
use of t he rights of way; a nd
WHEREAS, obstructio ns a nd excavations in City rights of way r esult in loss of pa rkin g and lo . s
of business to m er chants a nd othe rs whose places of busi ness a r e in the vic inity of s uch o bstructions
a nd excavatio n s ; a nd
WHEREAS , it is desir ab le t o adopt policies a nd regulations whi ch will e nable t he City of
Englewood to gain greater co ntrol ove r the disruption a nd inte rference with the p ubli c use of publi c
str eets a nd ri ghts of way , in ord er to provtde fo r the he a lth. safety a nd well being of t he City's
r esidents a nd u ser s of Ci t y s treets; a nd
WHEREAS , significa nt public fund s have bee n in vested to acquire . build . ma inta in a n d re pair
the stree ts within the City a nd cuts and excavations in the stree ts r ed uce the useful life of th e
pavem e nt infrastructure; and
WHEREAS , igmfi ca nt pubhc funds have bee n invested to place a nd mamta m land scap in~
witlun public rights of way in the City and cuts and excavations m the pu bhc ri ghts of way cause
da mage to , and increase the costs of mamtairung that Jand scap mg ; a nd
WH EREA , a t the prese nt ttme , the Ci ty does not haven de t ailed m ap or database in dicaung
the loca ti on , nature , or extent of t h e e ntire syst e m underground uuhty a nd teleco mm uru cauon
fa cili ties: a nd
WHEREA , t he va ri ous public and commercial utilities whi ch in s t all . maintain . a nd ope r ate
facilities unde r the Ci ty 's str eets are constrained, fr om time to tim e , to ma k e e xcavation cuts whi ch
d egrade the s urfaces of these thoroughfares, thereby reducing the ir useful hfe ; and
WHEREAS, o perators of motor vehicles (private and comm er cial) pay added ga olin e taxes t o
co mp e nsa t.e for the da mage their vehicles cause to City str eets a nd r oads. P a rt of t hese taxes a r e
used by the federa l gove rnment (the federal highway ''trust fund"') fo r co nstr uct10 n a nd mamtenancr
of 1me rstate a nd fede ral highways . The State of Colorado annua ll y tran fer s r evenue fr om gaso lin e
taxes to the ity for s treet maintenance. Public a nd co mmercrnl ut1li·1e wluch degrade t he treets
presently do not adequately pay for the Jong-term damage done t o the r oa dway s urfaces ; a nd
WHEREAS. at the present time there is no formal mechaniam nor legal require me nt that publi c
a nd co mm e r cia l utilities and telecommunications companiea coordinate r oadway cuts;
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NOW, THEREFORE. BE IT ORDAINED BY THE CITY O ·:s;c JL OF THE CITY OF
ENGLEWOOD , CO LORADO , AS FOLLOWS:
SeC!lon ). The City Council of the City of Englewood. Colo r ado hereby repeals Ti t le 11 , Chapte r
3A , "Construction Permits and Requirements" in its e ntirety . of the Englewood l\1 unic1p a l Code .
Sec;tjon 2. The City Council of the City of Englewood , Colorado he reby repea ls Title l l . Chapter
38, "Construction Specifications·· in its entirety , of the Englewood :\luruc1pa l Code .
Sectjon 3. The City Council of the City of Englewood , Colorado hereby rep ea ls Titl e 11. Chapter
3C, "Excavations" in its entirety, of the Englewood Murucipal Code.
Sectjon 4. The City Council of the City of Englewood , Colorado hereby repea ls Titl e 12 . Chap te r 4 .
"Fiber Optic Cable Regulations" in its entirety, of the Englew ood :\lunici pal Code.
Section 5. The Englewood City Council hereby amends Title 11. by the a ddition of a new Chapter
7, to the Englewood Municipal Code , entitled "City Rights Of Way · Pe rmits and Req u1r eme n ts'',
which shall read as follows:
11-7: CITY RIGHTS OF WAY-PERMITS AND REQUIRE:\fENTS:
11-7-1: PURPOSE AND 08,JECTIVES:
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This Chapter provid es principles, procedures and associa ted funding for the pl acement of
structures and Facilities const.ructjon excavation encroachments a nd work activities wuhm
or upon any Public Right of Way and to protect the integritv of the road svste m a nd t he
City's infrastructure To achieve these purposes, it is necessary to require Permits of private
u sers of the Public Rights of Way to establish Permit procedures and to fix and collect fees
a nd charge s.
Objecq ves ·
Pubhc and private uses of Public Rights of Way for locatio n of facilities e mpl oye d in the
provision of pubhc services should, in the interests of the general welfare be accommodated·
however t he City mus t m s ure that the primary purpose of the Right ofWav, passa ge of
pedestri an a nd vehicular traffic is maintained to the greatest extent po ss ibl e In a dd ition
the value of other public a nd private installations roadwavs facilities and properties
sho uld be protected competing uses must be reconciled and the public safety preserved
The use of the Right of Way corridors by private users is seco ndary to these publi c objectives
a nd the movement of traffic. This Chapter is intended to stake a balance betwee n the public
need for efficie nt sa fe transportation routes and the use of Rights of Wa y for locat.ion of
facilities by pub}j c and private entities It thus ha s seve ral ob jectives :
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To insure that the public safety is maintained and that public inconvenience is
minimized.
To protect the City's infrastructure investment by establishing repair standards for
the pavement facilities and property in the public rights of way when work is
accomplished.
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 capacitv of the public right s of
way held in public trust by the City .
To establish a public policy for enabling the Citv to discharge its public trust
consistent with the rapidly evo)vjmz: federal and state regulatorv polic1 es, industrv
COJDpetition and technological development.
To promote cooperation among the Permittees {as defined herein} and the City m th e
occupation of the public rights of way and work therein in order to Ci> eliminate
duplication that is wasteful unneceBBarv or unsightly (jjl lower the Permjtte e·s and
the City's costs of providing services to the public and Ciiil minimize street cuts .
§. To aBBure that the City can continue to fairly and responsibly protect the public
health safety 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 containing one or more Ducts, co nduit s.
manholes. handhole or other such facilities in
Permittee's Facj)jties .
Transformers switching boxes. gas regulator
stations. terminal boxes meter cabinets. pedestal s.
iunction boxes. handholes substations system
amplifiers power supplies pump stations manholes.
valves and valve housings and other devjces that are
necessary to the function of electric communications
cable televjsion water sewer storm water. natural
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CHAPTER:
CIIT:
CITY MANAGER:
CONTRACTOR :
DEGRADATION:
DEVELOPER :
DUCT OR CONDUIT:
EMERGENcY :
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gas and other utilities and services.
Title 11. Chapter 7 of the Englewood Municipal Code
entitled City Rights of Way Permits and
Requirements .
City of Englewood. Colorado .
The chief eJtecutive officer of the citv government oft he
City of Englewood or the manager's authorized
representative.
A person. partnership. corporation. or other legal
entity who undertakes to construct. install alter.
move remove trim demolish repair. rep la ce .
eJtcavate. or add to any improvements covered bv thi s
Ordinance. that requires work worker s and /o r
equipment to be in the Puli.lic Right of Way m th e
process of performing the above nam ed operations
A decrease in the useful life of the street
improvements or damage to any Jands capmg w11hm
the Rights of Way caused bv excavation m or
disturbance of the Right of Way resultmg in th e nee d
to reconstruct the surface and/or subsurfa ce structure
of such Right of Way earlier than would be required f
the excavation or disturbance did not occ ur .
The person. partnership. corporat10n or oth er legal
entity who is improving a parcel of land within th e
City and who is legally responsible to the Ci ty for th e
construction of improvements within a subdiVI sio n 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
Englewood Municipal Code.
Any event which may threaten public health or safety .
or that results in an interruption in the provision of
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EXCAVATE:
FACILITIES:
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INFRASTRUCTURE :
LANDSCAPING:
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services including but not limited to damaged or
leaking water or gas systems damaged. plugg ed. or
leaking sewer or storm drainage ,vstems damaged
electrical and communications fac ilitie s and adv ance
notice of needed repairs is impracticable und er the
circumstances.
To dig into or in any way remove di stribu te or
penetrate any part ofa Right of Way.
Includes without limitation any pip es co ndui ts.
wires cables amp)jfiers transformer s fi be r op tic
lines antennae poles transmission structur es st reet
lights. ducts fixtures and A11purtenan ces an.d..o1filr
like equipment used in conne cti on with tr ansmmm g
receiving djstnbuting offering and provi ding ut1ht1 es
and other services .
Any artificially constructed barrier of wood mas onrv .
stone wire metal or any other manufa ctu re d
material or combination of materials ere cte d to
enclose partition beautify. mark or scre en areas of
land .
Any Cjty owned facility system or im11rovemem
inc!uding without limitation. water and se wer ma in s
and Appurtenances the City Ditch storm drams and
structures streets aUeys traffic signal poles and
Appurtenances. conduits signs. land sca11 e
improvements sidewalks and 11ublic safetv
equipment .
Materials. including without )jmitation gr ass . groun d
cover shrubs. vines. hedges. or tree s and non-hvrn g
natural materials commonly used in land sca 11e
development as well as attendant irrigati on systems .
Any area used as a park playground open space or
trail devoted or desimated for acuve or pass iv e
recreation .
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PERMIT :
PERMITTEE :
PERSON :
PUBLIC RIGHT OF WAY OR
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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.
The holder of a valid Permit issued pursuant to this
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Any individual firm entity partnership. special
metropolitan. or general district association.
corporation company. or organization of any kind.
RIGHT OF WAY OR PUBLIC WAY: The total surface area and the area above and belo w
the surface that is dedicated deed ed. reserved hv
plat or otherwi se owned or controlled by the Citv for
public use for: Infrastructure improvements
pedestrians vehicular movement. Parks. utiliti es or
storm drainage and runoff.
RIGHTS OF w AY
OCCUPANGY 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 Facility
improvements jn the Right of Way will not be
disturbed. Rights of Way Occupancy Permits do not
require payment of deuadatjon fees as part of the
Permit fee .
Any work involved in taking the Permittee 's services
from the Permittee 's Facilities to individual
properties when this work can be done without
disturbing Public Way street improvements .
Engineering regulations construction specifications
and design standards adopted by the City .
Anything constructed or erected with a fixed location
below on or above grade. including without
limitation foundations. fences retaining walls
awnings balconies and canopies .
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SURPLUS DUCTS OR CONDUITS: Conduits or Ducts other than those occupied bv
Permjttee or anv prior Permittee or unoccupied Du cts
held by Permjttee as emergency use s pares or other
unoccupied Ducts that Permittee reasonablv expe cts
to use within three (3) years from the date of a
request for use.
WORK:
11-7-3 : POLICE POWERS:
Any use or storage of equipment or materials. or a nv
labor performed including but not limited to the
construction. maintenance and repairs of streets a nd
all related Appurtenances, fixtures. imorovements
sidewalks driveway openings, landscaping bus
shelters bus pads street lights and traffic signal
devices . It shall also mean construction maintenance
and repair of all underground structures such as
pipes conduit ducts tunnels manholes. vaults
buried cable. wire. or anv other si milar s tructur e
located below s urface and installation. maintenance
and repair of overhead poles and wires used for a nv
purpose.
The Permittee"s rights hereunder are subject to the police powers of the Citv whi ch include
the power to adopt and enforce its Code including amendments to this Chapter nec essarv
to the safety health. and welfare of the pubhc. The Permittee shall complv with all
applicable laws and ordinances enacted or hereafter enacted. bv the City or any othe r
legallv constituted governmental unit having lawful jurisdiction over the subject matte r
hereof. The City reserves the right to exercise its ,o!ice powers. notwithstanding a nything in
this Chapter and the Permit to the contrary. Any conflict between the provi sions of the
Chapter or the Permit and any other present or future lawful exercise of the City police
powers shall be resolved jn favor of the latter.
11-7-4: PERMIT REQUIRED:
~ Contractor's License . It shall be unlawful for any Person other than the Citv or a franchi see
to perform any Work in the Public Way without first obtaining a Contractors License from
the Cjtv.
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Obtaining a P erm it. No per so n exce pt a n emplovee or offi cia l of the City or a per son
e xempted bv contract with t h e Citv s h a ll unde rta ke or perm it to be unde r ta ke n a nv
con struction exca va t io n or Work in the Public Rights of Wa v wi t hout fi r st obtai nmg a
P ermit from the City as set forth in this Chapter exce pt for Se rvice Co n ~
Emerge n cies as proV1d e d in E .M.C . 11-7-22. a nd routine ma inten a n ce as pr oV1d ed m E .'.\I.C.
11-7--HG). Such Permits will be issued onlv to r egula rlv li ce n se d a n d bon de d co ntracto r s. or
to a hom e owner for the propertv in which he owns a nd r esi d es . A co pv of each pe r mit
obtaine d . along with a s socia t ed do cuments. s h a ll be m a mta ined o n the jo b s tte n n d
ava ilable for inspection up on reques t bv a ny offi ce r or e mpl ovee of t h e Ci tv . A Permit is sue d
unde r t hi s Chapter m a y not be effec tive fo r m or e tha n one hundred a nd ei ghtv 080) da vs .
The expira tion date of the P ermit s ha ll be st ated on t he P ermit.
Co ns truction Excavation or Work ;\rea. No P e r m1tt ee sha ll per fo rm co n str uct io n
excavatio n. or Work in an area larger or a t a loca ti on differ ent or fo r a lo ng e r pe r iod of ume
t h a n tha t s pecifi ed in t he P ermit or P enmt a p p li ca t io n . If a fte r co n s truct 10 n . excavation or
Work is co mm ence d unde r a n a pprove d P e rm i t . 1t beco mes necessa rv to pe r fo rm
co nstruction exca va tion . or Work in a la rger o r d iffe r e nt a r ea t ha n or i gmalh· r equested
under the a ppli ca ti on or fo r a long er pe r iod of time . t he Pe r m1ttee shall notifr t he Ci t v
Ma n a ge r imm edi a t ely a nd with1n_nve ntv-fo ur hours s h a ll fi le n s up p le me nta ry a p p li ca t ion
fo r the a dditiona l co ns truction . e xca va t io n or Work a nd the Perm ittee s h a ll be billed fo r the
a ddition a l a mount owed .
P e rmit T ra n sferabilit,· o r Assigna bilitv . The a pplica nt m ay subco nt ract the Work to be
pe rform e d under a Pe rmit provided th at the P e rmittee s ha ll be a nd r e m a in r espo nsib le fo r
the pe rform a nce ofthe Work under the P ermit a nd a ll in sura nce a nd financial secuntv ns
r equired . Permits a r e trans fe rable a nd assigna bl e 1f the trnnsfe r ee or assi gnee po~ts a ll
r eq uired security purs u a nt to this Ch a pte r a nd a grees to be bound bv a ll r eq uire m ent s of
the P ermit and this Chapter .
Deve lope r Owne r s hip of Public Infras tructure. In the Citv. t he phvsical co n t ru ctio n of
p u bli c in frns tructure in new d evelopm ents is t he res p on sibility of t h e d eve loper of the la n d .
Ow nership of t h at infrastructure rem a ins with the d eve lope r of the la n d u nul acce pta nce by
t h e Ci w . Any Develope r of la nd whe r e Work is unde rta ken on Infrastructure t ha t is w1thm a
P ub lic Right of Wav but pri or t o acce ptance bv t he Ci ty . ~h a ll obta m a Pe rmit fr o m the Citv .
The Citv will not acce pt public Infrastructure improve ments. whe r e Wo rk pe r fo rmed is n ot
m accor dance with a pplica bl e Citv s pecifica tion s a nd a pplica bl e provi s ion s of thi s Ch ap t e r .
Excavmjng Without a P e rm it. Am · pe r so n or uuJi tv fo u nd to be co nduct i ng a nv e xcava ti on
acttnty w1thm t he P u bl ic Ri ght Of\V a v wi t h o u t ha vmg fi r s t ob t a m ed the req uired Pe rm1 t{s).
except fo r Service Co n necti on s a n d as p r onde d m E.'.\I.C I I · i -22. s h a ll im medi ately cease
all a t1 ,·1tv lexcltmve of act io ns r equired t o s t abili ze the a r eal a nd be r e quired to o bta in a
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Permit before Work may be restarted . A surcharge shall be required in addition to all
applicable Permit fees . This surcharge shall be set by Council Resolution.
g . Routine Maintenance Exemption. Any Permittee may undertake routine maintenance on
existing facilities without obtaining a Permit from the City providing:
,i . No work occurs on any collector or arterial street on a weekday during the morning or
evening rush hours as defined by E.M.C. 11-7-14/Dl .
~-Safe work area traffic signing and barricading is provided in accordance with Part VT of
the Manual on Uruform Traffic Control Devices .
~-The routine maintenance work does not involve any material disturbance of any Publi c
Way Infrastructure improvements .
~-The routine maintenance work does not involve any activities that gener ate noise
levels that constitute a public nuisance as defined in the noise control provi sions oft h
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:
~-Permit Application . An applicant for a Permit to allow construction excavation or Work m
the Public Right of way under thjs section shall :
File a written application on forms furnished by the City whjch shall include th e
following :
!, The date of application .
~ The name and address of the applicant
~ The name and address of the Developer.
d. The name and address of the Contractor who is going to perform Work in th e
Publjc Right of Way (Contractor must have a Contractor License from the Citv ) .
i;, An emergency telephone number at which the Contractor doing th e Work mav be
contacted on a 24 hour basis
t The exact location of the proposed construction excavation or Work activity .
1, A description of the Work proposed .
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!!, The type of existing public Infrastructure (street pavement. curb and gutter.
§idewalks or utilities) impacted bv the construction. exca vat10n or Work .
!· The purpose of the propose d construction. excavation or Work .
j. Estimated start date and estimated time to complete Work .
~-The proposed hours of Work .
~ An itemization of the total cost of restoration . Gf required to es t a bli sh the
performance bond requirement.) Itemized costs s hould be ba sed on act u al cost
to do work if in the opinion of the Cjtv !\·tanager the itemized costs appear
inadequate then the costs shall be adjusted to be in line with the most r ecent
bids received by the Citv or bv the Colorado Depa rtment of Trans porta t 10 n fo r
similar work.
~-Any delinquent charges due the Citv by the a pplica nt or its co ntracto r for pri or Work
must be paid . Permittee may establis h an escrow account with the Citv to co ver
charges for Permits.
Attach copies of all Permits or licenses required to do the prop ose d Work. or to work
in the Public Right s of Way {including required insurance depo s1t.s bonding a nd
warranties unle s!l otherwise Rpec1fied in a franchise agreement between t he
Permlttee and the Citvl and any hcenses or permits that are reqU1red und er th e
laws of the Umted States, the State of Colorado. or other ordinances or regulations of
the Citv. If relevant permits or licenses have been applied for but not yet rec eive d
provide a written stateme nt so mdi ca ting. Copies of any such permits or 1~
shall be proyjded to the City within fortv-e1ght (-481 hours after receipt.
~-Provi de a satisfactory plan of Work showing protection of the s ubj ect propertY and
adjacent properties.
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Provide a satisfa ctory plan for the protection of exi stin g landscaping when the Citv
determines that damage may occur .
Include a si gned statement verifying that all orders issued by th e City to the
applicant requiring the applicant to correct deficiencies on preVIous permits have
~n satisfied .
Include with the application engineering co nst r uction drawings or site pla ns for the
proposed co nstruction excavation, or Work.
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~-Include with the application a satisfactory traffi c control work a r ea barrtcadi ng a nd
eros ion protection plans for the propose d co nstruction excavation or Work.
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Include a statement indicating a nv prop osed joint use or ownership of the Fa cilit\':
any known existing Facilitv or P ermit of the appli ca nt at this loca ti on · an\' known
existing Facility of others with which the proposed installations might co nfli ct · a nd
the name address and telephone numbe r of a representau,·e of the app li cant
available to review proposed locations at the site .
Pay all required Permit fees.
~-~ting Applications . Applicants s hall update a ny ne w inform a t10n on Permit
applications within ten (10) davs after anv mate rial cha nge occ urs .
Joint Applications. Applicants may applv 10i ntlv for Permits t o Work in publi c nghts of way
at t h e same time and place. Applicants who a pply 1ointly for Pe rmit ma" s hare in the
pa vment of the Permit fee . Applicants must agree am ong the mseh·es as t o the port10 n each
s h a ll pay.
11-i-6: PERMIT FEE:
~-Permit Fee . Before a Permit is issued purs uant to thi s Ch a pte r the applicant s hall " to
the Ci t\' a Permit fee which s hall be determined in accord a nce w1th a fee sc hedul e a dopted
b" the City Co uncil by resolution . Fees will be reasonably r e la t ed t o the costs inhe r ent in
managmg the Public Rights of Wav . These costs include but are not nece~sa nlv limited to.
s1.dm tm stenng this Chapter the costs of permitting venfring. a nd mapping Right s of\\°:l\'
occ upations inspectm2 10b sites and Rights of Way re st or ations a nd costs r ela ting to the
~;1dauon of the Rights of Wav. i .e the cost to achieve a leve l of restoration as det e rm in ed
bv t h e Cit,· at the ume the Pe rmit 1s issued .
~-Reducuo n m De gradation Costs. The portion of the Pe rmit fee r elating to degradation cos ts
shall be reduced by the City in ca ses whe re the appli ca nt de mon s trat es to t he sau sfacu on of
the C1ty Mana2er that the excavation proposed will be used bv t hree or mo re entiti es legallv
a nd fina ncially unrelated for the installation . maintenance or r o Fa 1 1t1 es . The
degradauon cost portion of the Permit fee s hall be further r ed u ced in ca _e wh e r e the
a pplica nt demonstrates to the satisfaction of the Cit,· Mana ge r t h at the e xcavau on t o be
made will be commenced and co mpleted durin2 t he twenty-four (2-1 ) month period
immediately prior to the scheduled repa,;ng or re s urfacmg of a ~t r eet a indi c;1t ed in the
m ost recent edition of the City's Repaving Plan. There are no riegradat1 on cos rn fo r Work
that does not involve material disturbance of street improvements in the Rights of Wa" .
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11-7-i: PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHARGES:
Reserved for future use .
11-7-8: INSURANCE AND INDEMNIFICATION:
Q· Insurance Coverage. Unless otherwise specified in a franchise agreement between the
Permittee and the City prior to the granting of anv Permit. the Pe rmittee sh a ll file with the
Citv an insurance policy or certificate ma form ~a ti sfactorv to the Citv with cove r age as
follows :
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l The Permittee s hall carry and maintain in full effect at a ll times a comme r cial
general liability policy. including broad form propertv damage. completed ope rat10 ns
contractual liabilitv explosion hazard. collapse hazard. underground propertv
damage hazard commonly known as XCC for limits not le ss than one nullion
dollars ($1 000 000.00) each occurrence for damages of bodilv mjurv or death to one
or more persons; and five hundred thousand dollars (S500 000 .00\ each occ urrence
for damage to or destruction of propertY .
~-Workers compensation insurance as required bv State Jaw .
g. The Citv shall be relieved of the obligation of s ubm1ttmg a ce rtificate of in urance .
Insuring Additional or Subsequent Permit Hold e r s . Wheneve r anv person has filed with the
Citv evidence of insurance as required any additional or Rubsequent Permit holder in the
employ of said initial person mav. at the discretion of t h e Citv be excused fr om depositing or
filing any additional evidence of insurance if s uch e mpl ovee is fullv co vered bv the
Permit.tee's insurance policy.
~-Protect10 n Against Injury or Damage to Perso ns or Propertv . Each P e rmittee sh a ll
co nstruct maintain. and operate its facilities in a manner which provides protection against
injurv or damage to persons or property .
The Permittee for itself and its related entities age nts emplovees s ubcontractor s.
and the agents and emplovees of said subcontractors s hall save the City harmless
defend and indemnify the Citv its s uccessor s. assigns officers emplovees a gent s.
and appointed and elected officials from and against all liability or damage a nd a ll
claims or demands whatsoever jn nature. unless ca used bv the negligent or
intentional acts of the City and reimburse the Cit,· for all its reasonable expenses as
in cu rred arisjng out of the installation maintenance. operation or anv other Work or
~ m the Public Right of Way or bv the P ermittee related to its use thereof
including but not limited to the actions of the Perm1ttee its emplovees agents
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Contractors. r elated entities s ucce ssor s and assi gns. or the securing of and the
exercise bv the Permittee of the Permit rights gra nted in the Permi t incl uding anv
third pa rty claims. a dministrative h earings . a nd litigation; whether or not a m~
omission comp la ined of is a uthori ze d a ll owed. or prohibited by thi s Chapter or oth r
applicable Jaw.
~. The terms of each contract a warded bv t he Permit.tee fo r actJvmes pur suant o a
Permit s h a ll co ntain indemnity provis ions whereby the Contractor shall md e mmfv
the Cjtv to the same e xtent as described above.
to defend itself with re gard to s uch matters. the Pe rm1tt ce ,hall
ex pe nses incurred bv the Citv related to Its defon s
In the eYent the Citv institutes l it1gat10n a gain st the Perm !.! h ofth
P ermlt or for an interpretation of this Chapt er a nd the C1tv 1s the pre,·n1hn g partv.
the Permittee s hall reimburse the Citv for all cos t s related he r eto. mcludin g
r eason able attornev"s fees . The Perm1 ttee hall not be obh gated to hold h.Jll.!ll.k§§..QI
indemnify the City for claim s or demands to the ext ent that thev a r e due to the
negligence or a ny intentional and/or willful acts of the CitY or anv of it. offi ce r ,.
emplovees. or a gents.
In the eve nt the Permittee is a public e ntitv . the indem mfi ca u on r equi r ements of
this sect10n s h all be s ubj ect to the proV)sions of the Colo r ado Governmental
Immumtv Act .
PERFORMANCE BOND/LETTER OF CREDIT:
Letter of Cr edit. Before a nv Permit required bv this Chapter shall be 1s ued to an
applica nt. the ap pli ca nt s hall file with the Ci tv Manager a bond or letter of cr edit in favor of
the City in a n a mount eq ua l to the total cost of construction . inclu ding labor and m rnenals
or fiv e thousand dollars whichever is greater. The bon d or letter of cr ed it s h all be e xec ut ed
bv the applica nt as principal and bv at lea s t one s uretv up on whom sen ·1ce of proces~ may
be h ad in the state. The bond or letter of cr edit s h a ll be co nditi oned pon the applicant fulh·
co mplying wjth all provjsjons of City ordinances rules a nd regula u on . a d u on av m nt o
an judgments and costs rendered against the applicant for anv material v10Jau on of Cit\·
ordinances or state statutes that may be recovered agamst the a pplicant b" a n v perso n fo r
damages ansmg out of any negligent or wrongful acts of the applicant m the perform ance of
Work done pursuant to the Permit The City may bring an action on the bond or lette r of
credit on its own behalf or on behalf of any person so aggrieved as beneficrn rv . The bond or
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letter of credit must be approved by the City Manager as to form and as to the re spon sibilitv
of the suretv thereon prior to the issuance of the Permit. How ever the Citv mav waive the
requirements of any such bond or letter of credit or may permit the app lica nt to post a bond
without surety thereon upon finding that the applicant has financial stability a nd assets
)ocated in the state to satisfv any claims intended to be protected a gainst the securitv
~d by this section .
~-Letter of Responsibility. A letter of responsibilitv will be accepted in lieu of a performance
bond or letter of credit from all public utilities all franchised e ntiues and a ll metrop olita n .
water and sanitation districts operating within the City .
~-Performance Bond Duration. The performance bond letter of credit or letter of r espo n sibilitv
shall remain in force and effect for a minimum of two vears after completion a nd acceptan ce
of the street cut excavation or lane cl osure .
11-7-10: PERFORMANCE WARRANTY/GUARANTEE :
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Warranty. Any warranty made h ereund er shall serve as sec untv for the performance of
Work necessary to repair the public Right Of Way if the Permittee fails to make the
necessarv repairs or to complete the Work under the Permit.
Guarantee. The Permittee bv acceptance of the Permit e xpresslv warrants a nd guarantees
complete performance of the Work in a manner accept.able to the City a nd warrants and
gu a r a ntees all Work don e for a pepod of two vears after the date of m1tial a ccepta n ce. a nd
agrees to maintain upon demand and to make all necessarv r epa1Ts dunng the t wo vear
period . This warranty s hall includ e all r epair s a nd actions needed as a result of:
!· Defects in Workmans h ip .
~-Settling of fills or excavations .
g. Anv unauthorized deviations from the approved plans and s pecifications.
~-Failure to barricade .
!;i. Failure to clean up during and after performance of the Work .
g. Any other violation of this Chapter or the ordinances of the Citv .
Period of Warranty. The two vear warranty period s hall run from the date of the City's
initial acceptance of the Work. If repairs are required during the two vear warranty period
those repairs n ee d only be warranted until the end of the initial two year period starting
with the date of initial acceptance. It is not necessary that a new two vear warrantv he
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provid ed for s ub se quent repairs after initial acceptance .
Rep a irs Under Warranty . At any time prior to co mpletion of the tw o vear wa rra nt v period ,
the City mav n oti fv the Permit tee in writing of any nee ded rep a irs . Emerge ncy r epa irs s hall
be completed wi t hin twent.y-four {24} hours if the defec ts are determined bv the Citv to be a n
imminent danger to the public hea lth safe tv and welfare. None merge ncy r epa irs sha ll be
completed within thirtv (30} calendar days after rn. If s uch deficiencie s a re not correc ted
within the prescribed time the City may make s uch co rrect io ns a nd t he Pe rm1ttee shall pa ,·
the actual costs thereof plus a pena ltv of fifty perce nt (5 0 %} of t he a mount thereof.
Work Disturbed While Und er Warranty . The warrantv described in this sec ti on sha ll cover
only those areas of Work undertaken bv a Perm it.tee a n d/o r it s Co ntractor s. In the eve nt
that Work of another Pe rmit.tee or the Ci tv s ub seq uentlv impacts a portion of Work u n der
warrant\' bv a Pe rmittee during the warrantv pe ri od th e n the s ubseque nt Permittee or the
Ci t.v s hall assume res ponsibilitv for repair to the s ubseq uentlv imp acted semon of Right of
Wav.
11-7 -11 : INSPECTIONS:
The Ci tv s hall have the right to make ins pections at anv time to rej ect a nv work or m aterial s whi ch
a r e defective or do not co nform with the require ments of this Co de the a pprove d pl a n s. or
s peci fi ca tion s . Upon revi ew of the application for a Pe rmit. the Citv Ma nager s h a ll determine h ow
ma nv in s pe ction s if any mav be required . For most Pe rmits the in s pec tion proced ure will e ntail
the following :
J. The Citv co nducts a pre-co n struction in s pection. to determine a nv necessarv co nd n ion s fo r
th e Permit.
§· The Permltt ee s h a ll notify the Ci t,· immediatelv a ft er work begin s a nd the Citv s h all co nduct
periodic inspections as Work operat io ns are co mplete d .
The Ci tv s hall inspect the co mpleted Work within tw e ntv-one (2 1} dav s of Pe rmitt ee·~
request for irutial a cce ptance. Init ial acce ptance will be giv e n if a ll Work mee t s Ci tv a nd
Permit s tandards .
Approximately thirty (30} days prior to the expiration of the two-vear guara ntee the Ci tv
shaH conduct a final acceptance inspection of the completed Work. If the Work is s till
satisfactory the bond or letter of credit shall be returned or allowed to expire. with a lette r of
final acceptance leBB any amounts needed to complete Work not done by Permittee .
For Work that does not involve material disturbance in the Rights of Way the City ~tanage r shall
waive the final acceptance inspection and the performance bond/!etter of credit.
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11 -7-12: PUBLIC SAFETY:
The Perm1ttee shall maintai n a safe work area fre e of .afetv hazard s. Th_e C1 tv mav make a m·
rep a ir nec essa rv to e liminate any safety hazard s not perfo rm ed as directed . :\n'" , uch Work
e rform d bv t he Citv s hall be co mpleted a nd billed to the P e rm1ttee at overtim e r ates . The
Pcrm mee s hall pav a U s uch charges within thirty (30) dav s of the stateme nt da t e . If the P erm1 ttee
fails to pav s uch ch a rges within the prescribed time period. t he City mav m additio n t o taking other
collectio n r emedi es seek r eimbursement through the warra nty guara ntee . Furtherm or e. the
Perm mee may be barred from performing any Work in the Public Right ofW a v a nd under no
ci r cumstances will the City issue any further Permits of anv kind t o s aid P erm1ttee unul a ll
outstanding charges have been paid in full.
11-7-13: TIME OF COMPLETION:
All Wo rk cove r ed bv the Pe rmit s h all be co mpleted bv t he date st a ted on the application . Permit s
sha ll be v01d if Work has not co mm enc ed six months after iss ua nce unless a n e xten,1on ha s been
granted bv t he Citv Ma nager . Pe r fo rm a nce bond lett er s of cr edit or letters of r es pons1bilitv
deposited as a perform a nce/wa rra ntv gu ara n tee fo r indi vid u a l Pe rmits will be returned afte r v01 ding
of the P ermit. with administrative and a nv other Citv cos t s deducted .
11-7-14: TRAFFIC CONTROL :
~-Tra ffic Co ntrol Plan. Whe n jt. 1s ne cessary to obstruct traffic a traffic co ntrol pl a n sh a ll be
s u bmitte d to the Citv prior to s t a rting co n struct10n. exce pt as provided in E .'.\I.C . 11 -7-22
and 11 -7-1 -HH). P a rt Vl of th e Manual on L m fo rm Traffic Co ntrol De vic es or a nv s uccessor
publication thereto s hall be use d as a guide for a ll ma inte na nce and co n structio n s igning .
The Pe rmittee s ha ll illustrate on the Pe rmit the warning a nd co ntrol device s prop osed fo r
u se. At the direction of the City Ma nager s uch warning a nd co ntrol devices sh all be
modifi e d .. To P ermit will be iss ued until the plan is approved bv the Citv . The P ermnt ee
s hall u se e xtra care so a s to minimize di s ruption to a djace nt prope rtv a nd drives a nd t o
provide access to parking areas while accomplis hing the Work . If access to private pr ope r tv
must be bloc ked in order to acco mplish the Work then the Permittee s hall d evelop an access
ma intenan ce pl a n in coo rdination with and ba se d on all r easonable r equirements of the
a ffec ted p r opert,· owner s and tenants. a nd s ubmit 1t to the Citv. No Permittee s h a ll bl oc k
access t o a nd fr om sides treets a ll evs mai nte na nce r oa d s wa lkw avs. dri,·ewa,· s id e w al k
bikepaths fire hvdrants. fir e stations fir e esca pe s. mail boxes dumpsters p a rked ve hicl es.
water valves underground vaults valve housing structures or a ny othe r vital equipment
unl ess the P ermittee demonstrates to the City that he/s he h as worked with the owne r or
occ upa nt of the facilitv to mirumize potential impacts.
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~-Street Closures. If a street dosing is desired the P erm itt ee will reques t the ass is tanc<: and
obtain the approval of the City. It shall be the re spo ns ibilitv of the Perm1ttee to develop a
detour and signing plan. provide advance warning s igns to a dvi se dnvers of the street
closure and deliver notices to the affected properties a mm1mum of 48 hours prior to a nv
street closure . It shall be the responsibility of the P erm1 t tee to not1fv a nd coo rdin ate all
Work in the public way with police fire ambulance othe r government.al entities. a nd tr an s l!
organizations .
~-Flag Persons . When necessary for public safety the Pe rmittee s ha ll e mpl ov fl a g persons
whose duties s hall be to control traffic around or through the co nstruction si te . The use of
flag persons may be required by the City Manage r .
Q . Acceptable Hours of Construction. No construction s hall be pe rformed that obstructs or
impedes the flow of traffi c on arterial or co llector s tree t s on weekd avs d urmg the hours of
7 :00 a.m . to 9 :00 a.m . or 3:30 p .m . to 6 :00 p .m . without the a pprova l of t he C1tv '.\•tanager .
e xce pt as proVJd ed in E .M.C . 11-7-22 . No work will be pe rform e d in the Publi c Wa v..Jh.fil
involv es act1 v1t1 es that generate noise levels that constitute a public nui sance as defined m
the noise control pro~,s on s of E .M.C . be tween the hou r s of 9:00 p .m . and 6:00 a .m. wn hou
the approval of the City Manager except as provid ed in E.'.\I.C . 11-7-22 .
I;;. Traffic Control Devjce s. Effective work area tra ffic co ntrol mus t be provided for all street
construction and maintenance and utility and telecommunications work and mamten a nce
in order to provjde for the safety of the workers, vehicular users. and pede strians . Th e tvp e
of traffic control should be selected based upon the t\"De of roadway traffic co nd itions
duration of operation. physical constraints. and t he proximitv of the works pace to traffi c. All
traffic control devices a nd advance warning sign s used for work area tra ffi c co ntrol sha 11
conform to the applicable s pecifi cations in Part VJ of the .\1::i nual on U n ifo rm Tra ffi c Control
Devices . Traffic control devices are to be s uppli e d bv the Perm1ttee. If use d at night th ev
must be reflectorized and must be illuminated or have b a rricade warning lights.
Prohibited Methods of !Uumination. Oil flares or ke rosene la nterns are not a ll owed a s
me a n s of illumination. Nighttime work area flood lighting s hall not be allow ed to spill out of
the co nstruction area in s uch a way as to disturb. annoy or endanger the co mfort . health or
peace of others.
Maintenance and Construction Signing The Contractor s haU be re s pon sible for ma intammg
ll.!LlYork area signing and barricading during construction operations as well a s anv sign s
and barricades that are needed to protect roadway users and pedes trians during non -work
h ours During non-work hours all construction work area signs that are not a ppropri ate
shaU be removed covered. or turned around so that thev do not face traffic . Any defi cie ncies
noted by the City shall be corrected immediately by the Contractor. If Contractor is not
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avail a bl e or ca nnot be found the Citv m ay m a ke such correct 10 n s a nd the Co ntractor sh all
pav the a ctual cos ts plus a pe na lty of fiftv pe r ce n t (50%) of the a mount t her eof.
Routine Ma inten a n ce. Any Pe rmittee may undertake r o utine ma inte n a nce on exi sting
fac il ities witho ut obtaining t raffic co ntrol pl a n ap proval from t he Ci tv p roV1 ding:
1, No work occurs on a ny collector or a rte r ial s treet on a weekdav d uring the morni n g or
e ve n ing rus h ho urs a s defined by E .'.\1 .C . 11· 7-1:ICD} abo ve .
~ Safe work a rea traffic signing and ba rrica di ng is pr ovided m accor da nce with P art \l
of the Ma nual on U niform Traffic Co ntrol Devi ces .
The r out ine ma inte nance work does n ot im·olve anv mate r ial distu r bance of anv
Pu bli c Wa v Infrastructure improve me nts .
Tra ffi c Co n trol Cos t s a nd Res pon sibilities. All cost s r elated to de ve lop in g a Wo r k a r e a
tra ffic control pl a n a nd imple me nting t he traffic co ntrol pla n as we ll as ma inta in in the
tra ffi c co ntrol ele m e nts a re the res pons ib ili tv of t h e Pe rmmee.
11-7-1 5: GENERAL RIGHTS OF WAY USE AND CONSTRUCTION :
~. Right Of Wa y Mee tmgs. Permittee will m a ke r eason a ble effo rts t o a ttend a n d p a r t icipate m
meeting s of the Citv of which the Permittee is made a w a r e r egarding r ight of wa v i s ues
tha t m ay imp act its Facilities including pl a nni ng meet i ng s t o a ntici p ate wmt t r en ch ing a n d
boring. Permittees and franchisee s s hall joint t r e nch or s hare bor es or cuts a nd coo r dinate
co ns truction whe n e ve r it is possibl e and reasonablv pract ica ble so as t o reduce. o fa r as
possible the numbe r of Right of Wa y cuts w ithi n the Citv a nd the a mount of ti me t h at
pedestri a n a nd ve hi cul a r tra ffi c is obstruct e d or i m peded
li}. Mini mal Interfer e n ce . The Ci ty Ma na ger s hall assi gn loca t io ns of F ac ilities in t he Public
Right of Wa y. Work in the Righ t of\V av on othe r pu blic propertv n ear public prope rtv or
on or near priva t e prope r tv s h a ll be d one in a m a nne r t h a t causes the least i nte r fe r ence with
the r ight s and r eason a bl e co nve n ie nce of pro pe rt\' owne r s a nd resid en ts. Pe rm it.tee 's
F aci li t ies s ha ll be co n s truct e d a n d ma inta ined m such m a nner as n ot to inte r fe r e with
sewe r s, wa t er pipes or rm v other pro perty of the CiJv. or with a nv othe r p ip es wires
co n d ui ts pedestals . s tructures or other F acilities t h at mav ha ve bee n laid in t he Rig h t s of
Wa y by or under the City's a uthority . F ive fe et (5') minimum hori zo n ta l clea r a nce a nd
eightee n-inch 0 8") mini mum ve rtical cl earance s h a ll be pr oV1d ed betwee n F acilities a nd
~and sewe r mains . If the minimum horizonta l a nd ve rtical clearances a r e not a dh er ed
t o t hen the Perm jttee ass umes a l) ris k of damage a nd loss ari s ing o ut of failure to co m plv
with r equired clearan ces. The Permittee 's F acilities s hall be loca t e d er ected a nd
m a inta ined so as not t o e nda nger or interfe re with the li ves of P er so ns. or to inte r fe r e with
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new improvem ents the Citv maY d ee m proper t o make or to unnecessa rily hmcl e r or oh,tntct
th e fr ee use of the Rights of \V av or other public properrv . and s hall not unre:i so nJ!lili·
inter fe r e with travel bv the public a nd the use of public pla ces during the co ns t r ucn Qn,
maintenance a nd r e pa ir oper a u on or r emoval the r eof.
Unde rground Con truct1 on a nd Cse of Poles .
nles. otherwi se r ov1ded bel ow wh n r u1red bv e neral ordinance. res lu 10 ';
regulanon s or rul es of the Citv or app li cab le stat e or federal la w Perm 1tt ~e·s
F ac1liucs s hall be pl ace d underground at no cos t to t he Citv . Wh er e all F:i cil1u es are
rn s talled unde rgro und at the lime of Perm1tt ee ·s co nstructi on or whe n all su ch
Fac1ht1 s are s ub se qu e nth· pla ce d unde rground. a ll Pe rm 1ttee Fa cilities shall also b~
placed und erground at no e xp ense to the Cit\· unl ess funding 1s ge ner a l!" a Yatlable
fo r s uch r elocation to a ll user s of the Rights of \V:w Pl acin g fac 11i11 es unde rground
In a r eas whe r e exi s ting F a cil ities a re ae ri al. the Pt-rm1tt ee mav inst all aeria l
Faci lities . F or above ground Fac1lipes. th e Pe rmm ee s hall uuhze e x1 ·trn g poles
wh e r ever pos s i ble althou gh unde r no c1rcum . tnnces 1s the P ermntee allow cl
attach Fac1ht1e s t o ornamental poles .
the P ermittee s hall allow the C1w t o pine<'' ti s Perm1 t e's
trenches a nd bores provided the Cllv share, propnm on:ill v in t h e cos t of trenching
a nd boring. The Citv hall be re spon sible fo r maint:1ining it s r es pe cti ve Facihpes
buried in the Perm1ttee's trenches and bores under thi s paragrapb.
Use of Conduits by the Cjty. The Citv may mstall or affix a nd m amtam its own Fn c1h 11 es
fo r Cjty purposes in or upon anv and all of Perm1tt ee ·. duct. co nduns or ea u1 m
rights of way and other public places. at a chag;e to be negotiated be tw ee n the pn m s..fuu
m no event greater than the best pnce charged by Permmee to anv othe r u e r > t o th e e,x em
space therein or thereon is reasonably avallable and pursuant to all applicab le ordinances
and codes. For the purposes of this subsection "City pumoses" includes but is not li m ned
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to the use of the structures and installations for City fire. police. tra ffic water. telephone.
and/or signal systems.
J;;. Common Users.
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The Rights of Way have a finite capacity for containing Fa cilities. Therefore.
whenever the Citv determines it is impracticable to permit construction of an
underground Conduit system by anv other entitv wluch mav at the tim e have
authority to construct or maintain Conduits or Ducts in the Rights of Wav. but
excluding entities providing services in competition w1th Permittee and unle ss
otherwise prohibited bv federal or state law or regulations the City may r equire
Permjttee to afford to such entity the right to use Perm1ttee "s Surplus Duct s or
Conduits in common with Permittee pursuant to the terms and co ndition s of a n
agreement for use of Surplus Ducts or Conduits entered into by Permittee and the
other entity. Nothing herein shall require Permittee to enter into an a greement with
such entjtv if. in Permittee's reasonable determination. such an agreement could
compromise the integritv of the Permittee's Facilities.
Permittee shall give a common user pursuant to this Section a minimum of one
hundred twentv (120) days notice of its need to occupy a Conduit and s hall propose
that the common user take the first feasible action as follows :
Pay revised Conduit rent designed to recover the co s t of retrofitting the
Conduit with space-saving technology sufficient to meet Permittee 's s pa ce
needs ;
Pav revi sed Conduit rent based on the cost of new Conduit co n struct ed to
meet Pe rmittce's s pace need s;
Va cate the ne eded Ducts or Conduit· or
Construct and maintain s uffici ent new Conduit to me e t Permittee's s pace
needs .
When two or more common users occupy a section of Conduit Facility, the last user
to occupv the Conduit Faci)jty shall be the first to vacate or construct new Conduit.
When Conduit rent is revi sed because of retrofitting. space-saving technology or
construction of new Conduit. all common users shall bear the increased cost.
All Facilities s hall meet any applicable local State and federal clearance and other
safetv requirements be adequately grounded and anchored and meet the provi sion s
of contracts executed between Permittee and the other common user. Permittee
may, at its option. correct any attachment deficiencies and charge the common user
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fo r its costs. Each com m on use r shall pav Permittee fo r an\' fine s. fees damages or
other cos t s the co mm on u, r 's a ttachme nts cause Pe rm ittee to incur .
11 -7 -16: COORDINATION OF E.X
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CONSTRUCTION:
Red uct10 n of Disruption a nd l nte r fe r e nce. Ex cavati ons in Cit,· Ri ghts of\\. a,· disrupt n nd
inter fe r e with the publi c use of Ciw . treet and dama ge the pa\'ement ~md la ndscap mg.
The purpose of this Section is to r ed uce thi s disr uption int e r fe r ence a nd d a mage bv
p r omot ing better coo rdin at10 n a mong Pe rm itt ees ma ki ng exca\'atio n s in Cit\' Right s of \\'av
a nd be tween these P erm l!tees a nd the Citv . Be tter coo r di n at10n will ass ist in m1mmi zl!ig
the n umbe r of e xcava t io n being made wh e r e"e r feasi bl e a nd will e n s ure he exc::w ati ons m
Citv Righ ts of Wav a r e to t he m a ximum e xten t poss i ble perfor med befo r e rather than
a fter the r es urfac ing of the s tree t s bv t he C11v .
Ex cava u on ~ast e r Pl a n . Anv P e r mitte e ow nin g operating or ins talling fac 1..hties in Cm·
Righ ts ofW av providing wa t er sewer gas. elect ri c. co mm umcat1on. vide o or ot he r ut1l1t,·
ser vices s h a ll meet a nnua ll v wi th t he Cnv '.\l anage r . a t the Citv '.\l anage r ·· rcque!<t o
d isc u ss P e rm ittee·s excavation m aster plan . At such mee t.mg t o th e e xt ent not al r eadv 111
possession of the Citv . Pe r mittee ;:hall s ubmit docum ntanon in a ··,r m r e uired hv the C1 .:
pla nned m a10r excan1 t ion Work m the Citv. Th e Ci tv '.\1a nage r ma,· make lus ow n re co rd ,n
a ma p drawing or other docu mentat ion of each Permm ee·s pla nned ma10 r e xca vatio n \\'or k
m t h e Citv : provtded , however. tha n s u h docu n r e a r cd b · the C1tv '.\l a na er shall
id entifv a pa rticular enntv , or the planned ma 1or e xca va u on Wor k of th at paruculnr e nmv .
Permit.tee s h a ll meet with the Ci tv '.\1anage r t o di sc u1<. a n inmal e xcavauon ma s t e r pl a n no
late r t h a n S LXt\' (6 0 ) d a vs aft e r s u bm itting 1 s fir s t Pe rmit a p Jli ation . Ther afte r acli
Permittee s h a ll s u b m it a nn ua lh· on the fi r s t re gula r business dn,· of Janua r v. a revi se d n_nd
updated excava t io n mast e r pl a n . As use d in this s ub secn on . the term "pla n ned ma1 or
excava uon Work" r efe r s t o a n v f utur e excu ,·a ti ons planned by t he P ermm ee wh en t he
exca va ti o n mast er pl a n or upda t e 1s s u bmnted that will affec t a nv Cnv Right of \V av fo r
mo r e tha n fiv e (5) d avs . provided tha t t h e P e rm m ee s hall not be requir ed o id e nt1fv ut ure
ma 10 r e xcavations planne d to occ ur mor e tha n t wo (2) ,. a r a fte r t he date t hat the
Pe r mitt ee·s mas t e r pla n or updat e is disc u sed Betw ee n the a nn ual meetings to di. cuss
plan ned major excavation Work. Pe rm ittee s h all use 1t best s effort s t o infor m the Cm ·
Ma n a ge r of any substantial changes in the pl a nned ma 1or excavauon Wor k disc us. e d a t the
a nnual meeting .
Repavtng Plan. The City Manager s hall prepare a Rep a vmg P la n show ing t he s t r eet
res urfa cing planned by the Cjty For purposes of this Section the Re p aving Pla n shall
incl ude a landscaping or other Right of Way improvement plan. The Repav1 P la n s all be
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revised and updated on an annual basis after meeting to dis cuss the Permittee's and the
Ci ty's master plans and updates. The Citv Manager shall make the City's Repaving Pl a n
ava ilable for public inspection . In a ddition a fter determining the street re s urfacing Work
t hat is proposed for each year. the Citv Manager s hall send a notice of the proposed Work t o
a ll Pe rmittees that have had a n annual meeting with the Ci tY '.\1anag e r .
~ation with Repaving Plan. Prior to applving for a Permit. an,· P er so n planning t o
excavate in the City's Rights of Way s hall revie w the City's Repaving Plan on fil e wnh the
City Manager and shall coordinate to the extent practicable with the utilitv and s trec_
Work shown on such plans to minimize damage to. and avoid undue di s rupt 10 n a nd
interference with the public use of such Rights ofWav.
Locating Facilities . In performing loca tes of Facilities in the Public Rights of \V a\' in
preparation for co n structio n under a Permit Pe rmittee s hall co mpile a ll info rm anon
o btained regarding its or an\' other facil1t1es in the public r ights of wa,· r ela t ed t o a
particular Permit. and s hall make that information a vaila ble t o the Ci t v in a writte n nnd
verified format pursuant to written C1tv poli cv.
&· Doc umentation of Location of Permittee's Facilities. Prior to undertaking anv Work in the
Rights of Way the City mav notify all P e rmittees of the City Work to be performed . Upon
such notification. all Permittees shall withm seven {i) davs locate their F acilities in the
Rights of Way in which the Work will be performed. and provide docum entatio n in !!...furm.;:tj,
purs uant to written City policy of the P erm1ttee·s Facilities in that Right of Way . If the
Permittee fails to provide the loca te mformauon r equest ed b,· the Citv the C itv mav o brnin
this information and charge the Perm1ttee the actual costs for obtain i ng the information.
11-7-17: MINIMIZING THE IMPACTS OF WORK IN THE RIGHTS OF WAY:
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Notification Association . Before pl acm g a n\' Fac1h t1 e. in the Ci t\' Right of Wav all e ntities
s hall become a member of the Urilitv ~ot1 fi cat1on Ce nte r of Color ado CU NCC) and shall
comply with all requirements provided m C.R.$. §9-1.5 e t seq . In ad dition. all entities a re
re s ponsible for making inauines of a)l ditch co mpanies. ut 1htv co mp a ni es . dis tricts lo ca l
government. and all other agencies that might h a ve facilities in the area of Wo rk to
d etermine poss ible co nflicts .
Field Locates. The P ermittee s hall co ntact the UNCC and r eq u est field location s of all
facilities m the area pursuant to UNCC requirements . Field locations s hall be ma rke d prior
t o co mm e ncmg Work . The Permittee s hall support and prot ect all pipes co nduits pol es
wires or other apparatus which may be affected by the Work from damage during
co nstruction or settle ment of trenches s ubsequent to co ns tructio n .
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s;;. Noise Dust Debris. Hours of Work. Each Permittee shall conduct Work in s uch manne r as
to avoid unnecessary inconvenience and annoyance to the general public and oc cupants f
neighboring propertv . In the performance of the Work. the Permittee shall take appropri at e
measures t o reduce noise dust and unsightlv debris . No Work shall be done between the
hours of 9 :00 p .m . and 6 :00 a.m . except with the written permission of the Cm· \1ana ger or
in case of an Emergency . Anv entity with Facilities in the Public Right of\Vav mav
undertake routine maintenance on existing facilities without obtaining written perm is .. ion of
the City Manager provicting :
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Jc. The r outme maintenance work does not involve any material di sturba n ce of a nv
Public Way Infrastructure improvements.
~. The ro utme maintenance work doe s not involve anv ac11v1t1 es tha t gene r :n e n01se
level that co nstitute a public nuisance as defined in the noi se control provi s ion s of
the '.\1umc1pal Code .
Trash a nd Co n struct10n Materials. Each Permittee shall mamtam the Work sit e so t ha t :
!· Trash and construction materials are contained so that thev are not blown off of t he
co nstruct10n site.
~. Trash is removed from a construction site ofte n e nough so that 1t does not b co me :i
he alth fire or safetv hazard .
Trash dumpsters and storage or construct10n trailers are not placed in the stree t
~ specific approval of the Citv '.\tanager.
&· De posit of Dirt and Material on Roadwavs . Each Permittee shall utilize their bes t effort tQ
eliminate the tracking of mud or debris upon any street or sidewalk . Streets a nd sid e wal k~
s hall be cleaned of mud and debris at the end of e ach dav . All equipment and trucks
tracking mud and debris into the Right of Wa v shall be cl eaned of mud a nd de bri s a t the
e nd of each day or as directed by the City !\tanager .
Protection .of Trees and Landscaping Each Permit tee shall use their be st efforts to p r otect
trees landscape and landscape features as required bv the City. All prot ec t1,·e mea~ures
shall be provided at the expense of the Permmee. If P ermittee causes damage to trees a nd
other landscape features then the Pennittee shall be responsible for repairs and de pe nd11u:
upon the extent of damage. the replacement of the landscape impro,·e mem s.
Protection of Paved Surfaces from Eaumment Damage . Backhoe equipment outrigger s. hall
be fitted with rubber pads whenever outriggers are placed on any paved surface . Trac ked
vehicles that wjll damage pavement surfaces are not permitted on paved urface s unless
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~c precautions are taken to protect the surface. The Permittee will be responsible for
any damage caused to the pavement bv the operation of such equipment a nd shall repair
such surfaces. Failure to do so will result in the use of the applicant's perfor.nance/warrantv
guarantee bv the City to repair anv damage and. possibh• the requirement of a ddin onal
warrantee {s).
Protection of Propem·. Each Permittee shall preserve private and public propern• and
protect jt from damage . The Permittee shall at its own expense . sh ore up and protect all
buildings. walls fences or other propertv likelv to be damaged dunng the Wor k a nd s hall be
responsible for all damage to public or private propertv resulting fr om failure to oroperlv
protect and carry out Work jn the Public \Vav .
Sanitarv Facilities. Each Permittee s hall provide ne cessarv sa nitarv facilities fo r wor ke r s .
Clean Up. As the Work progresses all Public Rights of Wav a nd private prone:T: shall be
thoroughlv cleaned of all gas and oil spill s rubbish excess dirt roc k. a n d othe r riebns . All
clean up operations shall be done at the expense of the Pe rmtttee .
~-Preservation of '.'vl onuments . A Perm1tt ee -h all not disturb or move a nv land :n onum e nts
propertv marks or s uryev hubs and pomts that mav interfere or be impac~ed b,· the
proposed Work until their location has been witnessed or r efe renced in acc or dance w ith
standard survey practices or unless approval 1s obtained from the Citv '.\tan age r . Anv
monuments hubs. and points di sturbed will be replaced bv a Colorado Reg1stered Land
Survevor at the Permittee 's ex pense.
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Construcnon Vehicle Parking . Eac h Perm1ttee s hall make pron s1on s fo r e mp lo,·ee and
constructio n vehicle parking so that neighborhoo d a nd business parking ad1a cent t o a Work
si te 1s not i mpacted .
Maintainmg Safe Walkways. Each P erm1 ttee s hall maintain a n a deq uate a nd s afe
unobstructed walkway around a construction site in acco rdance wi t h E .'.\I.C. 11-3 -3 . In
cases where the sidewalk must be blocked a nd pedestrian traffic must be r o uted a r ound the
work area. the Permittee s hall provide adequate bamcading a nd detour s1gmng t o p r ot ec t
and serve t he pedestrians. Once a Permjttee has occ upied t he Public \V a ,· it •hall be he
Permittee ·s respons ibilitv to clear all s now and ic e hazards fr om publ ic s idewalk s at he
Work si t e fo ll owing a s nowfall in conformance with E .'.\11 .C. 11·3-2.
ll-i-18 : STANDARDS FOR REPAIRS AND RESTORATION:
;}· Owner Re,;po n s1b1litv . Wheneve r t he Citv \tanager or designee determines t hat a n,·
s idew alk curb or gutter should be construct.ed or repaired. it shall ca u se n on ce in wn tmg t o
make s uch co nstruct10n or repair within thirtv (30) davs to be se rved upon the owner or
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agent in charge of the premises alongside thereof as provided in Section 1-10-1 of this Cod e .
If such construction or repairs are not made by the owner within thirty (30) days after
service of the notice the City Manager or designee may order such construction or repairs to
be made by the City and the expenses connected therewith shall be a lien upon the propert\'
alongside such sidewalk until the cost thereof is fullv paid. When s uch construction or
repairs are made by the City the cost thereof shall be assessed by the Citv upon the
property fronting upon the same and if the assessment is not paid within thirty {30) davs
thereafter the City shall certify such assessment to the Countv Treasurer who shall pla ce
the same upon the tax list for the current year to be collected in the same manner as othe r
taxes are collected with ten percent (10%) penalty thereon to defray the cost of collecuon.
~. Permittee Responsibiljty. The Permittee shall be fully responsible for the cost a nd actual
performance of all Work in the public way. The costs associated with co mpa ction testing
shall be borne by the applicant. The Permittee shall do all Work in con fo rmance with the
approved plans, anv and all engineering regulations construction specifi ca ti on s and design
~ds adopted by the City . These standards shall applv to a ll Work in the public wav
unless otherwise indicated in the Permit.
~-Restoration of Work Site Condition. All restoration shall result in a Work s ite co nditio n
eaual to or better than that whjch existed prior to construction . In a ddition to the
regulations. specifications and standards referred to in s ub section {A) the following
provisions shall apph• to Work in the public rights of wav of the City.
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Pavement cuts shall be filled with compacted se lect material. Either co ncrete or
asphalt patches wiU be placed to match the existing street cross section . Select
material shall include select fill. stone ICDOT 26 or 57) or controlled density
(flowable) fill.
The new asphalt will be placed bv City crews unless special circumstances raised bv
City Staff. or the Permittee justify the Permittee contracting with a reputable paving
firm to complete this work to City standard .
Concrete meeting all construction standards of the Citv shall be used to repl ace
concrete pavement wherever it occurs .
Flowable fill backfill material satisfying design and construction standards adopted
the Cjty shall be used to restore all trenches that have been excavated in the paved
portion of any public street or alley. When controlled density fill type material is
used. steel plate wiH be placed to cover the opening for the time required to a~
material to set or until asphalt patching is completed . The applicant may utilize
granular backfill material in lieu of flowable fill backfill material provided that all of
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the following conditions are satisfied .
~· Prior to the issuance of a Permit for construction e xcavation. or Work
activity in the public Right Of Way the a pplica nt mu st request and r eceive
approval for the use of granular backfill ma te ri al.
g. The type gradation. placement comp a cti on. a nd testing of t he gra nula r
backfill material s hall meet or excee d a ll requ ire me nts s peci fi ed in desi gn
and construction s tandards adopted the City. The co s t.s associa t ed with
compaction testing shall be borne by the a pplica.m.
~· Once the compacted backfill ha s been pl a ce d a n as ph a lt cutbac k s h a ll be
made. The cutback will extend 6 inches minimum on each s id e of the
opening and will be over undisturbed pavem ent ma terial (J.J/2 m ch d ee p
minimum). All edges of the opening s ha ll be neatlv cu t with a n aspha lt s a w
at 90 degree s to the roadw a v and uniformly tacked .
CONSTRUCTION A1''D RESTORATION STANDARDS FOR NEWLY
CONSTRUCTED OR OVERLAYED STREETS:
No person shall cause an open trench excavation or potholing of utilities in the paveme nt of a nv
Publ ic Right of Way for a period of two years from the completion of construction or res urfacing
e xce pt in comphance wjth the proyjsions of thjs Section .
A, Permit Application . Any appljcation for a Pe rmit to Ex ca vate in a Public Righ t of \V a v
s ubj ect to the requirements of this section s h a ll contain the following inform a ti on :
Jc. A detailed and dimens iona l e ngine ering plan tha t identifies and acc ura te ly
represents the City Righ ts of Wa y or propertv t h a t will be impacte d bv the propo sed
e xcavation. a s well as adjacent stree t s a nd the method of con s tructi on .
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The s treet width or a )ley width incl ud jng curb a nd gutter over the tot a l le n gth of
each City bl oc k tha t wiH be imp acted bv the proposed e xcava ti on .
The location width lengt.h . a nd dep th of t he proposed excav a t io n .
The t otal area of exi s t ing stree t or a llev p ave ment in each individu a l Ci t v block th at
wjll be impacted by the proposed e xcavation .
g. A written statement addressmg the criten a for a pproval.
Cnte rja for Approva l. No Permit for excav a tion in the Right of Wa y of new str eets s h a ll be
approved unless the City Manager finds that a ll of the fo llowing crite ri a h a ve been met:
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Jc . Boring or jacking without di sturbing the pave ment is not prac tica l due to ph\'sical
characteristics of the street or alley or othe r ut1l itv co nflict s .
2 . Alte rnative utility alignments that d o not involve e xcavating the s tree t or a ll ev a re
found to be impracticable.
g. Th e propo sed excavation cannot r eason ab ly be d elaved until a ft e r the two vea r
defe rment period has lap sed.
Exemptions for Emergency Operations. Emergencv ma int e n a nce oper a tions s h a ll be hm1t ed
t o q r cum st.ances involving the preservatio n of life prope rtv or t he res t or a t ion of custom er
se rvtce . Persons with prior authorization from the Cit.v t o perfo rm emergencv maintena nce
ope rations within the Public Rights of\Vav sh a ll be exe mpt ed fr om t hi s Section . Anv Per son
co mmencing operations unde r the laws of hi s Section s h a ll s ubm it det ai le d e ngmeermg
plans construction methods and remediatio n plans no late r than t hree working da vs a ft er
initiating the Emergency ma inte n a nce operation .
Q. Co nstruction and Restora t10n Standards fo r ~e wly Co n structed or Ove rl ave d St reets and
Allevs. The streets s hall be re stor ed a nd r e paire d in acco rd a nce with d esign a nd
construction standards adopted the Citv a nd guaranteed m a cco r da nce with E .'.\I.C. 11 -6-10
~. Exemptions for. on-Eme rgencv Operations. A P ermittee m av a pp h· to the Cit\' '.\brn a ger fo r
an exemption under thi s Sect10n whe n the co nstruction is ne cessarv m the publi c int er est or
to provide a public servi ce . By wa v of exam pl e but not bv limitation a n exemption could be
r eq uested m order to pro'I-J d e semces to a p art of the Citv whe r e no ser,,ce wo ul d be
availab le without construction . If a non-e me rgency exe mpt10n is granted t o di sturb a P ubli c
\V a v withm the two (2) vea r per10d the City Manager mav in h1 s sole di scr etion imp ose
a dd itional r est or auon r eq uire me nt s. including but not necess anlv li mit ed to L"to-m1 lling
a nd r epaving of a larger a r ea s u ch as a n e ntire bl oc k in which the co n s truct10 n occ urs .
11-7-20: RELOCATIO N OF FACILITIES:
If a t a nv time the C itv r eq uest the Perm1ttee to r eloca te is F acilities in ord e r to a ll ow t he Ci t v t o
ma ke a nv public u se of Rights of \Vav or if a t anv time it shall beco me nece . sarv beca use of a
ch a ng e in t h e grade or fo r a ny other purn ose by reason of the 1mprovrng r epa1 rmg. con structing . or
ma intaining of any Rights of Way o r reason of tra ffi c co ndition s public ~afetv or bv r easo n of
ins t a ll a tion of a nv type of s tructure or public improvement by the Ci t y o r other public a ge ncv or
specia l distr ict and a ny general program fo r the undergroundmg of s uch fa cilmes to mov e or cha ngg
the Pe rm1t tee "s Facilities within or adjacent to the Rights of Wav m a nv manne r either tempor a n lv
or pe rma n e ntly the City s hall notify the P e rmittee at least nme tv < 90\ davs m a dvance excep t m
the case of e merg e ncie s. of the City"s intention to perform or have s uch Work perform ed . Th e
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rm1t ~h II thereupon. at no cost to the City. accomplish the necessarv relocation removal or
change w1thin a reasonable time from the date of the notification but in no eve nt later than three
(3) wo rking days prior to the date the City ha s notified the P ermittee that it inte nd s t o co mmence
11 s Work or immediately in the case of Emergencies. Upon the Permittee's failure to acco mpli s h s uch
Work . the City or other public agencies or special district may perform s uch Work a t the Permittee's
expense a nd the Permittee s hall reimburse the City or other a ge ncy within thirty (30) davs aft er
r ece ipt of a written invoice . Foll owing relocation all affected prope rtv s hall be restored to a t a
minimum. the condition which existed prior to construct10n the Permittee at the Perm1ttee's
expense. Notwithstanding the requirements of the Section. a P ermittee m a y re qu est addition a l
time to complete a relocation project. The City Manager shall gra nt a reason ab le extens ion 1f m hi s
so le di scretion the extension will not adversely affect the Ci ty pro1ect .
11-7-21: ABANDONMENT AND REMOVAL OF FACILITIES :
Q· Notification of Abandoned Facilities. Any P ermit.tee that mt.end s to disco ntinue us e of a m ·
F ac11it1es within the Public Rights of Way shall not1fv the Citv Ma nage r m writing of the
mtent to discontinue use . Such notice shall include the fo ll owing:
!· A description of the Facilities for whi ch the use is to be discontinued .
A description of a ll known hazard ous m a terial s co ntained or u sed in the F acilities .
l A proposed date for discontinuance of use . Said d a t e s hall not be less than th1rtv
(30) days from the date such notice is s ubm itted to the Citv Man a ger .
~-The propose d method of a bandonme nt or rem ova l a nd r estorati on .
The Permit.tee mav not r e move de trov or perm a nentlv disable a nv s uch F :1c1lit1 es during
sa id th1rtv (30) da,· period without written ap proval of the Ci t v Ma n a ge r but mav co ntinue
t o perform mainte nance on the Fac1lit1e . The CitY '.\t a n a ge r s h a ll r eview the aba nd onm e n t
notice within thirtv (30) d avs to determine whethe r F acil mes and Conduits ca n a nd s hou ld
be kept a vailable for future user s or 1f not the proposed m e thod of abandonm ent. or
removal a nd re stor a tion .
~ Re mova l of Abandoned F acilities . If 1t js d etermined tha t t he Facilities s hould be re moved.
the n the Pe rmittee s hall s ubmit a Pe rmit application to a llow construction excava ti on a nd
or Work in the Public Right of Way and the Pe rmit.tee s h a ll be s ubj ect to all applicable fees
a nd req uire me nts of thi s Chapter. The Pe rmit.te e s hall be require d to r emove a nd di s pose of
s uch Facilities as set fo rth m the P ermit. and s hall co mp lete s uch r e mova l and dispo sal
w1thm six (6) months from the date of the iniual n otice of intent t o a bandon unl ess
ad d1t1onal time is requested from the approved bv the Citv '.\tanager.
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~-Abandonment of Facilities in Place . At the discretion of the City and upon written notice
fr om the City Manager the Permittee may either:
J_. Abandon the Facilities in place and shall further co nvev full title a nd owners hip of
s uch abandoned Facilities to the City. The consideration for the co nvevan ce 1s the
Ci ty's permission to abandon the Facilities in place. The Permittee 1s r espon 1bl e
for all obligations as owner of the Facilities . or other liabilities associated therewnh ,
yntil the conveyance to the City is completed.
l Abandon the Facilities in place but the Permittee still retains the respons1b1htv fo r
all obli gations as owner of the Facilities or other liabilities associ ated the rewnh .
11-7-22: EMERGENCY PROCEDURE...$:
Q· Emergencv Repairs . Any person maintaining Facilities in the Public Wav mav p roceed with
repairs upon existing Facjlitjes without a Permit when e merge ncy circum stances~
that the Work be done immediately . If the emergency repairs invoh·e d is tur bmg a ny Pu hl ~
Right of Way improvements. then the perso n doing the Work s ha ll applv to t he Cm· for a
Permit on or before the third (3••) working day after s uch Work has comm ence d . All
Emergency Work that involves material disturbance of a nv Public Rights of \Va,,
improvements. or an" Emergency Work that will require that the acceptable ho urs of
construction as proV1ded in the E .M.C. relating to noise or traffic to be n olat d will re u1r
poor telephone noufication to the Public Works Department at the Ci tv .
~-Notifica t ions . If any damage occurs to an underground Facilitv or its protective co vering . he
Contractor shall notify the Facilities operator promptly. When the Facilities operator
rece ives a damage notice the Facilities op erator shall promptly di s patch pe r so nnel to the
damage area to investigate If the damage results in the esca pe of any mflam m a bl e ox1 c
or corrosive gas or liquid or endangers life health or property. the Contractor re s pons ibl e
s hall immediately notify the Facilities operator and 911 a nd take imm edia te ac ti on to
protect the public and nearbv properties .
11-7-23: REVOCATION OF PERMITS AND STOP WORK ORDERS:
f}. Permit Revocation or Suspens ion. Any Pe rmit may be revoked or s us pe nd ed bv the Ci tv
Manager after written notice to the Permittee for :
J_. Violation of any condition of the Permit or of any provi sion of thi s Ch a pte r .
~-Viola tion of any provision of any other ordinance of the C1tv or s tate law relating to
the Work .
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g. Existence of any condition or performance of a ny act whi ch the Citv determines
constitutes or causes a condition endangering life or damage to property.
~-Stop Work Orders . A Stop Work Order may be issued by the City Manager to a ny perso n or
persons doing or causing any Work to be done in the Public Wav for :
J,. Working without a Permit. except for routine maintenance or emergency rep air s to
existing Facilities as provided form this Chapter.
~-Doim; work in violation of any provision of this Chapter or anv other ordinance oLlru)
City or state law relating to the work.
g. Performing any act. which Citv determines constitutes or ca uses a co ndition that
either endangers life or property .
Effective Immediately . Stop Work Order issued bv the Ci ty '.\1anager, s hall take effect
1mmediatelv up on notice to the Person performing Work in the Public Way or to the
Pe rmittee's last known address. Upon receipt of the Stop Work Order all work is to cease
e xcept for those activities that are necessary to make the work area safe or to end the
di s ruption to traffic or to protect people or property or if approved bv the City Manage r t o
cure the violation or conditions that caused the Stop Work Order.
~-Appealing a Suspension. Revocation or Stop Work Order. Anv suspension or revoc a ti on or
Stop Work Order may be appealed by the Permittee to the City Board of Adju stment and
Appeals by filing a written notice of appeal withm thirty (30) days of the a ction .
11-i-24 : SUSPENSION OR REVOCATION OF CONTRACTOR'S LICENSES:
g, Ca uses for Suspe ns ion or Revoca t io n ofa Contr acto r 's Ljcen se. Th e Citv '.\1an age r m ay
suspend or revoke a license when the licensee commits one or more of the following acts or
omi ss ions :
Failure to com plv with the re s ponsi bilities as outlined in the Chapter or with the
provisions in the Englewood Engineering Regulations and Construction Standards.
~-Conspires with any person to permit a licen se to be used bv another perso..n,
~Hy violates or di s regards any of the provi sion s of the Co de.
Workers exhibit a disregard for safety a nd therefore work being performed results in
unsafe conditions .
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Unsatisfactory Work resulting from inadequate skills or carelessness in the
judgement of the City Manager.
Failure to obey orders in a timely fasluon.
Failure to obey a stop work order.
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~-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 licen se s h all
be suspended or revoked the City shall notify the licensee in writing bv certified mail or
personal service Upon receipt of the notice the licensee may request in writing a hea ring io
show cause why the hcense should not be s uspended or revoked . If a hearing is requested
by the lice nsee. the Citv Manager shal) set a time date and place. and so n ot ifr the licen see .
The suspension or revocauon shall be stayed until after the hearing. Whe n a he a nng is
conducted the licensee the Public Work s Department and all interested parnes may
attend. Upon completion of the heanng. the City Manager s hall take a ll e ,;den ce availabl e
as a result of the Public Works Department investigation and all eviden ce presented at the
hearing under adyjsement. and shall notify the licensee in writing of the fi ndings a nd
decision including length of suspension or revocation 1f a ny bv certified m ail or person a l
seryjce The time of a suspension may be up to one vear . The time of revocauo n mav be up
to five {5} vears.
,g. Appeal Rights . Any person who disputes a li ce n se suspe n sJQ n or revocation . mav ap peal
the decision to the City Board of Adjustment and Appeals bv filing a wntten notice of
appeal The revocation or suspension is not stayed whlle the City Boa rd of Adjustment and
Appeals hearing is pending
Sectjon 6. Safety Clauses The City Council . hereby finds . determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood. that ,t 1
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare . The City
Council further determines that the Ordinance bears a rational relation to the proper legi slative obi ec t
sought to be obtained .
Section i. Se,·erabj)jty If any clause . sentence . paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainde r of thi s
Ordinance or its application to other persons or circumstances.
Sect.jon 8 lnconsistent Ordjnances All other Ordinances or portions the reof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of uch
inconsistency or conflict.
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Section 9. Effect of repeal or modjficatjon The repeal or modification of any provision of t he Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in
whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been
incurred under such provision, and each provision shall be treated and held as still remaining in for ce
for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfe iture, or liability, as well as for the purpose of sustaining any judgment,
decree , or order which can or m.ay be rendered, entered, or made in such actions, suits, proceedings , or
prosecutions.
Sectjon 10 . &.nlJ.tx. 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 t he 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 forego ing is a true copy of an amended Bill for an Ordinance, introduced. r ead in full , a nd passed
as amended on the 16"' day of October, 2000.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
ABILLFOR
;ta/
COUNCIL BILL NO. 87
INTRODUCED BY COUNCIL
MEMBER _____ _
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH
PROJECT ON LAND APPUCATJON OF SEWAGE BIOSOUDS ON DRYLAND
WHEAT.
WHEREAS , SINCE 1982, THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT (LIE WWTP) in cooperation with Colorado State University
(CSU) Department of Soil and Crop Sciences has successfully conducted a continuous
research program to observe the long-term effects of the applicatio n of bi osoli d s fo r
dry land wheat framing; and
WHEREAS , the research has provided long-term research data and a sound ba sis
of knowledge of the biosolids produced by the LIE WWTP and the environmental
impacts of the product; and
WHEREAS, the LIE WWTP/CSU research project has been instrumental in
establishing the basis for biosolids beneficial use for the growth of dryland wheat crop
in the arid western states and in Australia; and
WHEREAS, the long-term research demonstrates that the beneficial use of
wastewater biosolids is an environmentally safe, economically beneficial and
agriculturally sound practice for recycling and conserving a valuable resource ; and
WHEREAS, the research has benefited not only western states farming
comm unities , but also biosolids researchers, regulators, generators, appliers and other
en'"ironmental professionals; and
WHEREAS, in 1999 the LIE WWTP and CSU received the U .S . EPA Outstanding
Research Contributing to Beneficial Use of Wastewater Solids -First Place National;
and
WHEREAS, CSU has submitted their proposal for the cooperative research project
on land application of sewage biosolids on dry land wheat; and
WHEREAS, the 2001 study includes study sites at the Bennett site, the Kiowa site
and the Byers site;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
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Date
November 6, 2000
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
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STAFF SOURCE
Subject
Co lo rado State University Biosol ids
Resea rch Agreement
Littleton /Englewood WWTP Supervisory Committee Stewart H. Fonda , Uti lities Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
RECOMMENDED ACTION
We recommend Council approve by Ordinance an Intergovernmental Agreement with Colorado State Un ivers ity
for the cooperat ive research project on land application of sewage biosolids on dryland wheat in the amount of
$67 ,085 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Since 1982, the Littleton/Englewood Wastewater Treatment Plant (UE WWTP) in cooperat ion with Co lora do State
Un iversity (CSU) Department of Soil and Crop Sciences has successfully conducted a cont inuous research
program to observe the long-term effects of the application of bioso li ds for dryland wheat farm ing . The research
has provided long-term research data and a sound bas is of knowledge of the biosolids produced by the U E
WWTP and the environmental impacts of the product. The information has been used extensively as a public
relations tool , as wel l.
Add itio nally, the U E WWTP/CSU research project has been instrumental in establ ishing the bas is for b iosoli ds
benef ic ial use for the growth of dryland wheat crops in the arid western states and in Australia . The lon g-t erm
research demonstrates that the beneficial use of wastewater biosolids is an environmentally safe . economically
benef ic ial , and agriculturally sound practice for recycling and conservin g a valuable resource . The research has
resulted in th irteen reference journal articles and book chapters , twenty-three technical papers , numerous bulletins
and reports , one doctoral thes is (another in progress ) and two masters thes is . The research has benef ited no t
only western states farm ing communities . but also biosolids researchers , regulators , generators , appliers and
other env ironmenta l profess ionals 1n the following ways :
In 1999 the U E WWTP and CSU rece ived the U.S. EPA Outstand ing Research Contribut ing to Benef ici al Us e of
Wa stewater Soli ds -First Place Nat ional (1999)
Co lora do State University has submitted the ir proposal fo r the cooperat ive research project on land appl ication of
sewage biosolids on dryland wheat. The 2001 study inc ludes study si tes at the Bennett site , the Kio wa s ite , an d
th e Byers site , wh ich is on the new farm . The cost for each study site is as follows :
Ben nett $27,853
Kio wa $ 5 ,672
Byers $33.559
TOTAL $67,085
FINANCIAL IMPACT
The cost of th e proiect is sp lit 50/50 with the City of Littleton as a cap it al expense .
LIST OF ATTACHMENTS
Propose d bill for an o rdinance
CSU Biosoli ds Research Project Proposal
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Sectjon 1. The Colorado State University Biosolids Research Agreement between
the Colorado State University and the Littleton/Englewood Wastewater Treatment
Plant, attached hereto as "Exhibit A", is hereby accepted and approved by the City
Council of the City of Englewood.
Section 2. The Director of the Littleton/Englewood Wastewater Treatment Plant
is authorized to execute the Colorado State University Biosolids Research Agreement
for and on behalf of the Littleton/Englewood Wastewater Treatment Plant.
Sectjon 3. The Director of the Littleton/Englewood Wastewater Treatment Plant
shall be authorized to further extend the Intergovernmental Colorado State University
Biosolids Research Agreement for the cooperative research project on land application
of sewage biosolids on dryland wheat, between the Littleton/Englewood Wastewater
Treatment Plant and Colorado State University, for five additional one (1) year
periods.
Introduced, read in full, and passed on first reading on the 6th day of November ,
2000.
Published as a Bill for an Ordinance on the 10th day of November, 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 6th day of November, 2000.
Loucrishia A. Ellis
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LITTLETON /ENGLEWOOD
WASTEWATER TREATMENT PLANT City of
Littleton
City of
Englewood 2900 S. P1arte River Orive
Engll!WOOC . Co tora c:o eo 1 0
(303) 762 -2600
FAX 762-2620
October 1 1, 2000
Dr. Ken B arbarick
Departrn~:-n of Agronomy
Colorado State University
Fort Collins , Colorado 80523
RE : COOPER..-l.. TIVE RESE . .\RCH PROJECT -SLUDGE APPLICA TIO TO DRYL A.1',ID
VlHEAT FIELDS
Dear Dr. Barbarick :
We are pleased to inform you that the 2001 proposals for continuing the research proj ects a t th e
Bennett. Kiowa and Byers sites were appro ved at the August 17, 2000 S upe:-v isory Committee
meeting. This letter serves as authorization for the 200 studies. A uthorization is based on the
follow ing understanding :
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The upper expenditure limit for the Bennen study is S2 ,853 for fisca l year 2001 .
The upper expenditure limit for the Kiowa study is S5 ,6 2 for fiscal ye:ir 200[ .
T he upper expenditure limit for the Byers study is $33 ,55 9 for fiscal ye:ir 20 0 1.
S e p.! ·:H e 1uthor ·;::H ion 11'.mt be o btained for 1ddit io n1 l wa r!-: be:.ond Int de scrib ed in the
pro pos als .
Pro gres s report ing and invoicing w ill be on a quarterly bas is. Project reports must
accompany all invoices, also on a quarterly basis. A final rep ort will be provided .
6 . In voices are to provide detailed background of project costs acc ord ing to categories
show n in the Proposed Budget T ables. in your p roposal.
7. A 1 pub li cations pertaining to the research work will be submi tted to the cit ies for re vi ew
prior to release . All o ther conditions set fo rth in yo ur June 2000 proposal shall be
incorporated in this agreement.
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CSU Research Projects
October 11, 2000
Page Two
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'vVe anticipate your program will proceed immediately . Please acknowledge your acceptance of the
tenns of the agreement by signing the !Jottom portion of this !e,te~ 1r.d return ing :he original to me: io-
the official City records.
Very truly yours,
')~l~
Stewart H . Fonda
Director
ACCEPTANCE OF TERMS OF AGREEMENT:
Signature T itle
SHF/cg
Anachment : ( 10 pages )
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LAND APPLICATION OF
SE\\lAGE BIOSOLIDS
PROPOS.4L FOR COOPERATIVE
RESEARCH PROJECT BETJVEEN
COLORADO STATE U1VIJ/ERSITY
AND
LITTLETON/ENGLEWOOD J0/1VT
COUNCIL
2001
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I. Land Application of Sewage Biosolids
II . Personnel
P roj ect Lead ers :
Re search Associate :
III. Introduction
K .A . Barbarick. Professor
G .A. Pe terson, Professor
J. Ippo ito
We have studied the beneficial use of Litt eton1 E:1g lewood i:Jiosolids since l 98 2 at ·,:es:
Bennett , s ince l 9SS at K io wa, since 199 :3 at ::--ion h Be.tr.ett. and sinc e 19 99 at B y e~s . We !os; or.e
of he West B ennett sites to deve lopm ent and rese:irch at the K iowa locati on is e ss cr.::c ..
that th e councils ha e pmchased th e B yers property . We w i ll present the propose · !se:i~::. a:-:'
ass ociated bud=et separ:itely for all foi.:r locati o ns and then prese:1 t ,he total ud =e: :or o· r
proposed rese:i.rch .
IV . Bennett Study Sites
A. West Bennett
We establ ish ed sites A and B at West Benn ett in 1982 and in 1983 , respect i,e!y O r
cooperating farme~. Jun Haz!ett has so ld site B fo r homesi te deve lopment. We w ill cor.:111 e
us ing West A since ll represents the last of our original, long-term sites. S mee we -allow a fa llow
system fo r o ur dryland wheat study, we would use this sit e ev ery othe, y e:i.r. We w 1 l es::i bl:sh
the Vest A site ag:i.in thi s year (200 0) and plan to sample and harv est it in summer 2001
B . North Bennett
We :mtia ed he. 011h B ennett experiment:il loc:i.t io n to rep lace the E:is· Bennett plo ts
tlllt ,·~ lost in 199: Our former cooper:iting farmer at E:i.st Be nnett. Kevin Hd:er d~c ided to
gr o,, 1:-ng:1.ed ~r o ps 0 11 our study sites . We a so c hanged th e experimenta approac h :i.t :--:onh
Benne tt o fans • n dete:inin ing the N equiva e ncy of _itt!e:o r. E ng!e•.,·oo d ( L E) b iosolids
:i.ssuc iate 11 n 1 re. e:i.ted app li c.1t io ns in a dry land wl e:i.t.; . 1mer-fa llo w agroeco sy srem . We w::!
co mpkr e harvest so il. =rain, :m ci straw samp ling and ana ly ses :i.s we have in the past.
C. Objecth·es for the Bennett study sites (West :ind :'forth B ennett)
T he objernves of the Bennett study are :
I. T o detennine the contiriu ing effects at West Bennett site . .\ of various
sewage-biosolids rates on dryland wh e:it includi ng grain yi eld, prote i1
content, potential income and the. , P , K concentrations after one
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app lication of!iquid biosolids ( 19 82 ) plus nine ad di t io ns of dried b io soli ds
(19 8~ 1986 , 1988 , 1990 , 19 92 , 1994, 1996 , 199 8,2000 ).
T o :;:.::1..""::::':, :h: ~: eq i.;i ·::1 !.:~c:: .:,;·i.:peat .:d b1o solt ds app li canon Lm der
fie ld conditions compared with commercia l . · ferti li z er on o ur 1 ·ort h
Be:mett plots .
To study th e long-term e ffects ofb1osolids on up tak e of Cd. C r. C u .. 1,
Pb . Mo. and Zn by wheat ( As . Hg . an d Se le ve ls in so d :md grl in ,, , l be
monitored on the 0, 2 , and 5 dry tons /acre p lot s fo r the , on h Bennett s i,e
and on the 0, 3, and 6 dry tons/ac :e pl o ts fo r W es t Bennett s it e.-\).
To observe long-term changes in th e water sorptivi ty of th e so il \V J h
continued LIE biosolids additions at North Bennett .
T o d etermin e the accumul :ued );Oi->i le ve ls to :i. depth o f l SO :::-: r 6 fe e, 1
as soc iate d w it h repeated app li catio n o f variou s :-I fe rtilize r Oi sew a"~
b ioso li ds at our West Bennett site A and No rth Bennett p lots .
D. Bennett study sites budgets (See Table l oo the next page ) .
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Tab le:. P~o p sea bud,,e:s for the West and >i or!h Sen .. ':ert sew:ige b1 o s0 I1 ds stuc:1es
i3 age: :rem 2000
(c urrent budget )
P~ p o sed
2 00
P~c::-cs e c
2 00 :
Soil and Grain Anal ys es
for As , Hg, and Se
86 ..!.
Hourly L~b~~~ .:~~~; . __ ~--< ~i-.~~,;}:~;-.·~~0~~~;--· _, .. 16 5-+ · _ ----~-. -~6Dq . _. '.;· _____ 61~1-
Travel 15 0S 2 011
67 0
Research Associate= 14 0 6 S -1.02 1
5 329
We will shift some hourly-labor costs to othe~ proj ec ts to help accommod:ne the
incre:ises in overhead . Assumes 50% of e ffort on the Bermett :md 50% ef'·on on the
B yers s it e .
Assumes 5 .5 months on the Bennett stud y , 0.5 months on the K iowa stud _', :ind 6 :11::i ntl,s
on the Byers stuc.y . We also assumed a .J.0o s:1!:lr:1 inc ;·ease :or 2001 anc :oo : ·.,·e
:iss umed tint a ll other costs for 200 1 :md :oo .: ,.,i·! ~em:i m the s:1r.1e as :ooc
Fr;r.~~ b~;1 ~~i ts f; r R~se:i:·c':1 _..i_:3 .:,c i:r-:: .1:-,: -:.:~!!:::!.:=..! :c, ::.: 1-3° .) !".:i· :c,:{ :.:; .J : S : ·J ~c ..
2 00 1, and 18.5 °·0 for 200 2.
O\·e ·head was 5 % in 2 000. T he Colorado State C m\·e,s iry Oi:ice f Spo ns ored
P~o grams 1s requiring us to ince:ise ove:-he:ic :o ~.ri 0 o rn 200! :rnc 2 .J..5 ' o. ,h e :J :-:·e .;: ]:"i-
campus overhead charge. in subsequent years .
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V. Kiow:i Stud y Site
A. Introdui.:ri o n
We wi II co nt inu e to take w:iter s:impl es from the four wells on 1 qu:iner!y o r 1r_11 ml b:isis .
Qu :111erly samp les would include ana ly ses for to tal N , 1 0 3-N , :'-J1'L-1 ·, P, and K . We wo u·d
ana ly ze th e annual samp les for tota l N , N 0 3-N, N"H.-N , P, K. Ag , A !, As, Cd , Cu , Fe . Pb. :-l:g,
Mo, Ni, Se , Zn , encinn, lin dane , met hoxy chlor, to xaph ene, 2,4-D. :in d 2.4.5 -T . The obJ ect i\ e of
thi s srud y is continued monitoring of groundwater in four well s for ro ta] "i , >10:·:\. '.';1-i:.-'.\i , P, [(.
Ag , A l. A.s. Cd, Cu . Fe , P b, Hg , Mo , Ni. Se , Zn, endr in. li nd an e. me thox :1ch lor. wxaphene. 2 . .!.
D, and 2.4 .5 -T fo llow ing the disc o nt inu at ion ofb io solids app ic:it on (l ast app li :i.,:on w:is m
August 19 98).
B. Kiowa study site budgets (Se e Table :? below)
Tab le 2. Prnposed budgets fo r he Kiow :i sew:i,,e bio solids sru 'y.
Budge t Item 2 000 P:-cposed
2001
P:-opc se c
200 2 urren
bu dget )
Re search Associate' 12 79 133 0 13S3
Tra vel 4 00 4 00 4 00
Tot:i.l S53 6 S~--, _o -S5 969
On<!-ha lf month of salary co vered in 2000, 200 l. and 200 2 .. .<1...:1 mcre:i.se of .!0
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ass.1mec :or Rese:irci1 .-i.;soci .;te fo r 20 01 and 2(·0 2. \\·e .!s :;.:rr:ej .h.!, .1!'. 0 he:-cos,s :c:-
200 and 200 2 will rema in th e same as 200 0.
Fringe benefits for R ese:irch A.ssoc ia te are est i:-na ed to be . -S0 ~ for 2000 1 1 d 1 S.2°·o for
200 , and J 8.5% for 200:2 .
Ov er he ad was 15 °, in :2 000. The Colorado Stat..: L:n i\·ersn:, Of'ic ~ o f Sp onsored
Programs is requ iring us to inc.ease overhead to 20°'o in 2001 and 24 .5%, the c ur:·ent of:-
campus ove rne:ic! char,,e, in subsequent years .
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VI. Bye rs S tud y S it e
A. Intro du ct io n
Wit! the dev elop 1ent of the Byers biosolids-application location by L1E, wear-:
de velop ing some pract ical. ne ver-done -before research . >io -till and mini:num :i !age rr:.1nage:11e:1 :
is 1ncre::ismg in popula nty in easte.n Colorado because it improves water conse1-:at io n and
allows more incens1ve cropping . B1oso li ds application could en.har.ce th e enefits ) ·. o-il! er
minimum ti llage by improvin g soi l co ver and soil phys1cd l cha rJc teristi s whe :; su ;·i::i ce :ipp i 1e..:
T 1e biosolids could work in concert with crop residues to allov,: fam1ers :o ;ne e: : 1e 30° a so 1 l
co\·er:1;::e required by the :-Jatural Res ou rce C ons erv ation Se:-. 1c : to _on ,p !:. •.\ ah :or.se:-:at :0•1
prog:-J.'TIS .
B iOs l cs appli :n io n could init ia. y supp ly soi. cove~ int : adeq • ate c;· o ~es;c • e ~:ir.
acc:.u:, !ate . Con:111 ed c: '"uons may even pro vid e produc ion ar. · econor.,1c ac \ ar.:::i=e s
F::ir..ie~s :na:, e\'enrua lly se' 1osolid s as an integra l par: fa co:1s e:-.:: 1o r. ?~og~:i~ T ) ::1:e. ·.,~
have app li ed b1osoiics for the fi,sr-year rotation to plots grow;n"' ·.vhe t. or.1. anc si.:n::o ·., e~s
B . Objectives
Our obJ ec:1 ·es at :he Byers site are:
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To dete:-:-nine ifmceasing biosolids app li cnon fr or:1 once ever:1 :w o years
to two out of three years or four out o: five years is a feasib e manage:ne:;;
al teman ve .
To determine ifbiosolids app l"cation wil i-:1pro e surface soi ! physica l
properties in no -till or minimum tillage systerns hat include row crops
under dryland conditions . Such proper::ies as water S0[1)tivity and bu:k
densit: are our prim e concerns .
To determine ifbiosolids beha ve li ;.;e crop ~es ic ue s in terms ofmo1srure
st orage and crop p ro duc ion .. u.1·2 ·l:!!Jl:!-1 :ire~ storJ"'e J1,c ~:·o -.1 e!c:s :ir~
the prope11ies of greatest interes .
To dere:,nine the effects ofbiosolids app li ation :it the a=ro no1111c :·are
compared with commercial N ferti li zer in tl::-ee c~o pp in~ sys:e:ns Jn sci!
and grain accumulation of planr nutrients and rr:ice e!e:-:1e:1 1s imi ·ec o:. :h~
C olo-rado Department of Pub lic He:i lth ar.d En vi ronme:,: m : ,e:r b1os0I!Cs -
applic ation regulations._.
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C. Pr oc edure s
T ea men ts ·
D .
l . T hree crop rorations :
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:i. Whe:i.t-fa!low (ty pica l rotation)
o . Wneat-com-fa il ow
c \\l1eat-wheat-com-;uniowers-fal ]o,v ( ased o n n a111g 11 g
F ar.ner' s mterest )
T ,1,,0 b io soli ds ferui izer re a::1:e:m :
a . B1osolids application to suppl y n recommended for th e
me~ured soi l '.'lO;-N (e.g ., the agro nomic rat e ).
b C mr:ie~c ial '.'-i fern izer a t the ag~onomic r:i te .
Expe rimental design
We w ill use two b lo cks (replic at ions) of eac h treatme nt arr:ir,ged m a s p l it -p lot des ign .
The main plots w ill c ons ist of the cropping rotations wh il e we, ill sp li t e:i.c h main pot to
accommodate bi osolids app li cat ion on half the plot and commercial ferti ize -:i.dd nion on the
other ha lf.
A ll phases of each rotation will b e pres ent each year to allow assessmen t of all so d and
crop responses each year . This would require a total of 10 mam ;,lots and .lQ sp l t ;,lots (2
replications , 10 cropp ing rotations, 2 biosolids/fertilizer treatment sp li ts ).
Each ma in p lot w i l be 0 .8 km (0.5 m il es) lon g b y 30 m ( 100 fee t) wi d e . E:i ch
b 1o soli c s, ferti li zer sp lit w o u ld, therefore, b e 15 m (50 fee t) ·.vide .
E. :\-l e::is ur eme nt s
\Ve w d ·om p e,e ,he fol w in g measurements or ana lyses .
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A.1mual grain and biom ass yie!ds .
So il w :it -er content to !SO cm (6 fee t) a ?l:mti.1g and har. es r :o r
each crop e::ich y e::ir.
Water sorp tivi ty and bulk dens 1 :;.
C o mp lete record_s on costs of her b1c1 de inputs, etc .
Concentr:i tions of>i03-N , P, K, F e, :Vln. C u , Zn, a, . .\s, Cd, C r.
Pb , Hg, Mo, Ni, a nd S e in so il before each crop p lan tmg
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(d etermin ed in 0-5, 5-10 , 10 -20, and 20 -30 cm samp les from eac h
rep li cat ed plo t).
6. De ep soil sa mpling before eac h crop pl:mrmg :JY hydr:i uli c proi:Je
for >1 0 ;-N (determine:! 0-:0, :0-60, 60-,0, 90-1 20, , :c·-: :-:. i :t~-
180 cm samp les, if possible , from each re;,li cated p lot .
7. Concentrati ons o f P, K, Fe, Mn , C u, Zn, Na, As , Cd. Cr, P1 • Hg ,
Mo, Ni, and Se tn grain samp led fr om eac h replicated plot.
S. Soii cove r (d etermined b y Natura Resource Conservation Servic e
Co ns erv ationi s ts. i[\ve can secu re cooµer 1·011 with this age:,c /\.
F. By ers study site budgets
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T ab e 3 . Proposed budgets for th e B yers sewage biosolids stud y.
Budget It e m 2000 (current ) Proposed 2001 Propo sed 200 2
Hourly Labor'
Frin ge B enefits for Res e arch Associate
Harvest, Base l~~ S~p fuii _'.. _-.-_ ~-~:.
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Weather S tation Maintenance
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500
6 00
2 9 0 5
2000
5 00
We will shift some hourly -labor cos ts to other proj ects to he lp acc o mmodate the
incre:ises in o verhead. Assumes 5 0% of effort on the Bennen and 5 0% effo rr on the
B ye rs si te .
600
:mo o
500
S ix months of salary co vered in 2000 , 2001, and 2002 . An inc rease of.!% was assumed
for the Research Assoc iate for 2001 and 2002. We assur.ied that all other c osts fo r :2 00
and 2002 remained the same as 2000.
F ringe benefits for the Rese:irch Associates are es tim ated to 17.8% fo r 2000, 18 2°'o for
200 , and .5% fo r 2002 .
0 erhead \\ J S • 5°10 in 2000. The Colorado State Cniv er5lty Oifice of Spo nso red
Prog r.im s is req iri ng s to increase overhead to 20°0 in 200 and 2.!.5 °·o . the cur.e:: of:-
c1m o us O\ .:~:,e:d char~!!. in ,ubsequen :;eJrs.
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VII . T ot:il Bud ge ts
We h ave tabulated the weal :n:dge ts by lo cat ion (Tab le J.) :1r.d by budg=t c1,=g c:-:: (-:-:i o ie
5) fo r '.:000 throu=h '.:00:.
Tab le J. Tota l budgets by loc:it ion for 2000-2 00 2.
Loc:rn on 2000 (current) Prop o sed 2001
Beruiett
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K iowa 536 ! 5672
·. 33559
Tab le: T otal budgets by budget cat egories for 2000 -2 002 .
Item
Personne l
Total
Research Associate
Fringe benefits
Hourl y student
2 000
(current
3069J.
5.!6-l-
3308
·. 8142
Propos e.: 2Q,j 2
Proposed
2001
31922
531 0
12 00
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35 81
Propose"
2002
33 19 S
61 -1:
1200
·<·.111 sL.:-· :· / 135 6 2 . . : ..
Overhead was 15 % in 2000 . The C olorado State Lnive~s ity Office of Sp onsored
Programs is requ iring us to increase overhead to 20% in 2 00. anc! 2J..5°o, th e cur.e::t o :·:-
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 73
INTRODUCED BY COUNCIL
MEMBER WOLOS\'N
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 home rule
municipality of the State of Colorado (the "State") duly organized and operating
under the Home Rule Charter of the City (the "Charter") and the constitution and
laws of the State; and
WHEREAS , pursuant to Section 30 of the Charter, the City Council of the
City (the "Council") has all municipal legislative powers as conferred by general law ,
except as provided by the Charter: and
WHEREAS, on May 1, 2000, following the competitive bidding procedures se t
forth in Section 113 of the Charter, the Council approved a contract with NEC
Business Network Solution, Inc., for the acquisition of certain Cisco networking
equipment (the "Networking Equipment"); and
WHEREAS, the Networking Equipment has been installed and is
operational; and
WHEREAS, pursuant to Section 31-15-101 of the Colorado Revised Statutes ,
the City has the power to lease-purchase personal property and the Council de sires
to spread the cost of acquiring the Networking Equipment over a five-year period
through the lease-purchase of such equipment; and
WHEREAS , the City has advanced funds for the purchase of the Networking
Equipment in anticipation of financing the acquisition of the Networking Equipment
by lease-purchase; and
WHEREAS . the City has received a proposal from Sutro & Co ., Incorporated
("Sutro") to effect the lease-purchase of the Networking Equipment at a net effective
rate of 5 .92% per annum , as more fully set forth in a Master Lease Agreement (the
"Lease Agreement") under which the financial obligation of the City shall constitute
currently budgeted expenditures of the City; and
WHEREAS, the Council is desirous of authorizing and directing the
transaction described above;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS :
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Section l. Appro val of Conveyance of Networking Equipment . The City
Co uncil hereby approves of the sale of, and conveyance of title to, the Networking
Equipment to Sutro & Co .. Incorpora ted. for the a mount of $378,761.00 (which
amount reimburses the City for funds which the City has advanced). The City
Council hereby determines and declares that the fair m a rke t value of the Ne tworking
Equipment is $378.761.00 and s uch amount represents fair and adequate
consideration to the City for the Networking Equipment.
Section 2. Approyal of J&ase Agreement . The Le ase Agree ment, in
substantially the form and with substantially the content pres ented to this meeting
of the City Council, is in all respects approved, authorized and confirme d . The
aggregate principal component of the Lease Agreement does not e xce ed S3 78. 761.00 .
Section 3 . Execution and Deljyep• of Documents. The Mayor or . in the
absence thereof. the Mayor Pro Tern is hereby authorized and directed to e xec ute the
Lease Agreement, and the signature of the Mayor or Mayor Pro Te rn s hall
co ncl usive ly de termine the valid execution of the Lease Agree me nt by the City.
Additionally , the Mayor, other officials and employees of the C ity a r e h e reby
authorized and directed t o execute and deliver for and on beha lf of the City a n y a nd
all a ddition a l a greements, certifica tes, documents and othe r pape r s a nd t o perform
all other a cts that they may deem necessary or appropria te in orde r to imple m e nt
a nd carry out the transaction authorized and conte mplate d by this Ordina n ce .
including but not limite d to an Internal Revenue Se rvice Form 80 38-G .
Section 4 . Dedaratjons and Fjndjngs . The City Council hereby d e termines
and declares that the rental payments under the Lease Agreement (the ··Rental
Payments") represent the fair value of the u s e of the Networking Equipment, and
that the Prepayment Price (as defined in the Lease Agreement) represents the fair
purchase price of the Networking Equipment. The City Co uncil hereby determines
and declares that the Rental Pay ments do not exceed a rea sonable amount so a s to
place the City under an economic or practical compuls ion to appropriate money s to
m a ke payments under the Lease Agreement or to exercis e its option to purchase the
Networking Equipment pursuant to the Leas e Agreement. In makmg such
determinations. the City Council has given consideration to the current market value
of the Networking Equipment, the cost of acquinng, cons tructing or e quipping
property s imilar to the Networking Equipment, the option of the City to purchase the
Ne tworking Equipment, and the expected eventual vesting of full title to the
Networking Equipment in the City . The City Council hereby determines and declares
t h at t h e durati on of the Lease Agreement, i ncluding all optional r e newal t e rm s.
a uthorized under this Ordinance, does not exceed the weighte d average useful life of
t h e Ne tworking Equipment.
Section 5 . Bank-Quahfied Determjnatjon . The City hereby designates the
Le a se Agreement as a "qualified tax-exempt obligation" for purposes of Section
265(b )(3) of the Internal Revenue Code of 1986, as amended .
Section 6 . Obhgatjons of the Cjty . No provision of this Ordinance or the
Le ase Agreement s h a ll be construed as creating or cons tituting a general obligation
or a multiple-fiscal year direct or indirect indebtedness or other financial obligation
whatsoever of the City nor a mandatory pay ment obligation of the City in a ny
enswng fi scal year beyond any fiscal year during which the Lease Agreement s hall
be m e ffect .
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Section 7. Ratjficatjon 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. Sexerabjljty . It is hereby expressly declared that all provisions
hereof and their application are intended to be and a re 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 mot>t 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 16"' day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October 2000.
Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No .~ Series of 2000, on the 10"' day of
November, 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 the Ordinance passed on final reading
and published by title u Ordinance No. ~ Series of 2000.
Loucrishia A. Ellis
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Sutro & Co. Incorporated
MASTER LEASE AGREEMENT
LEASE NUMBER 01
1lus MASTER LEASE AGREEMENT (the ~Agm:ment"), daled as aC the 6th day of Dca:mber. 2000 is made and entered into
by and bclMal SulJ'o & Co. ht..oij)Oiated.. a Nevada Wij)Oialiou, as Lessor (the ·'Les.,or") and the City of Englewood. a political
SIDlivision afthe Sea: of Colorado. as lesale ("Lessee").
ARTICU:I
DEFINITIONS AND [XJll8fTS
Sa:lioa I.I. Ddillililms The following terms ha\,: the~ specified below.
• Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as pan of an Eqwpment Schedule ccrtifymg as
to the delivery. imtallation and :ax:epm..e of Equipment.
• Agn:,emenl" means this Master Lease Agreement and all Equipment Schedules hereto .
• Agrecmc:nt Dare" means the dale first written above.
"Code" means the Internal Re\'Cllue Code of 1986. as amended. together "ith Treasury Rcgulauons promulgated from ume 10
time theminder.
Group.
"Equipment" means all itelm of propcny described in Equipment Schcdulc:s and subject 10 this Agreement
"Equipmcm Group" means each group of Equipment liSICd in a single E.quipmcnt Schcdule.
"Equipment Schedule" means each sequen~· numbered schedule e=.lllCd by Lessor and Lessee "1th respect 10 an Eqwpment
"Events of Default" means those C\'CIIIS described in Section 12 .1.
"Fi5cal Year" mcam each 12-month fiscal period ofLcsscc.
"FWlding Date " means. with respcct to each Lease. the dale Lessor makes payment to the Vendorts) named ID the related
Equipment Schedule or reimbuncs Lessee for the purchase price of the related Equipment Group or. if the procedure descnbed in Secnon
2. 4 is utiliz.cd, the date Lessor deposits funds equal to such purchase price into the Escrow Account
"Initial Term " means. "1th respcct to any Equipment Group. the period COIIUIICDcing on the Lease Date and ending on Dca:mber
31 of the Fi5cal Y car in which the Lease Dare oa:ms.
"Interest" means the portion of a Reillal ~ designated as am a,mprising inlm:sl as provided in a ~ment Schedule .
"Lease" me:.. !S. "1th respect to each Equipment Group. this Agn:,ement and the Equipment Schedule rclaling thereto. wluch
together shall coostinne a sepraraac WilU3Cl bc:twccn Lessor and Lcsscc rclaling to such Equipment Group .
"Lease Date:" means. "1th respect to each l...calc, the dale !ID clcsipalCld in the n:lalcd Equipment Schedule .
"Lease Term" means. "1th respcct to each Equipment Group. the period dunng which the related Lease is in effect as specified ID
Section 3.1.
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"Net Proal:ds" means any insurance proaals or COIO'!JHl#MI! ~ paid wilh n:spccl 10 any Equipmenl remaining after
~ tbr:rdrom a{ all c,q,c:mes incum:d in the aJllet1ioa tbmd.
"Non-Appropriation" means the failure a{ Lessee. Lessee 's ~ body. or. if applicable. the govemmcma1 entity from wluch
I..-oblains its operating and/or capi1al funds 10 appropriale ~-for any Fiscal Y car sufficicnl for the continued performance by
I..-a{ all a{Lcae's obliplioos under Ibis Agrmnall.
"Paymala Dale" means each dale .-i which a Rallal Paymcra is due and pa)'abie as provided in a P:lymcnl Scbedulc .
"Paymm Scbodule" -the 9Cbldl* mRmlal Paymms amcbal to an Equipmcn Scbedule .
"Principal" means the portion a{ any Rmlal Paymcra dcsigmled as and~ principal as prowled ID a 1'3ymcnt Schedule
"PrqJaymatl Price" means the amoma 90 designwd and ,er fonh apposite a Payment Date in a Payment Schedule UldJcanng the
IIDIIUIII b which Law ~ puldla the rdacd fqripncrtl Group as al such Paymm Dae after makmg the Rental PaylllCIII due on
SIICh Paymcra 0..
"RenL'\•111 Term" means. with n:spcct to any Equipmenl Group. a period commencing on the Jan~· 1 immediately follo,nng the
tamimlion aitbe Initial Tam or pramng Renewal Tam and ending oo the Da:ienur 31 al such year.
"Relllal Paymcra" means each pa)'IDCIII due from Les&ee to Lessor on a ~lllClll Date .
"Spo ificaliom" nm tbc bid ~ and/or pun:base order punuant 10 which Lessee bas ordered any Equipment from a
Vendor.
"Ve~ means each mthe DPIIIDC1lftl5 or vmdars from which Law bas ordered or with which I..-bas contracted for the --,,ft. ddivay and/or ioaa!IMion mtbc F.quipmc:nl.
E'<lnbitA :
E-dubit B-1 :
Exhibit c-1 :
E-dubitD :
E-dubit E:
ExbiJit F-1 :
Exbjbja f-2 :
Equipment Schedule including form m Aalcplancc Certific:ate and form of Payment Schedule .
Form aiTax Agreemcnl and ArbitJaF Cenificalc.
Form a{ Alllhormng McalUn: aitbc Gomning Body ailcssllc n:laing to each l...casc.
Form of lncuJmency Cemficate as to each officer or rcprcscntatn-c of Lessee e.ucuting this Agreement or all\.
Lease. .
Form aiOpinioo mIP!lrpmdent Counsel to Lcsicc.
Fmm aiCominllllioo mOulsidc l.nsurancc.
Fmm mQneMioaoaiR for Self-Insurance and Addendum 10 Equipment Schedule Relating to Self-Insurance .
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ARTia.ED
LEASE OF EQUIPMENT
Section 2.1 . Acquisition af Egpipamn Prior to the addition of any Equipment Group. Lessee shall pl'O\~de Lessor \\1th a
description of the equipment proposed to be subject to a Lease hereunder. including the oost and vendor of such eqwpment the expected
delivery dale and the desired lease terms for such equipment. and such Olhcr information as the Lessor may require. If l..eBlr. in its sole
disadion. dclennines the proposed equipmcm may be subject to a Lease hereunder. Lessor shall furnish to Lessee a proposed Equipment
Scbcdulc relating to the Equipment Group for execution by Lessee and then 1..esR>r. By execution hereof. Lessor bas made oo
amunitmmt to lease :my equipment to Lessee.
Seclioa ?.?. Dilllunanmt Lessor shall have oo obligation to make any disbursement to a Vendor or reimbune Lcssee for any
payment made to a Vendor for an Equipment Group until five (5) business days after Lessor has rca:1\1:d all of the follo\\lng ID fonn and
subslanc:c satisb:tory to Lessor: (a) a completed Equipment Schedule executed by Lessee: (b) an AccqJtancc Ccrttficate ID the form
included with Exhibit A ben:to : (c) a resolulion or aidcnc:e of ocher official action taken t,,· or on behalf of the Lessee to authoru..e the
aQjllisitioo of the Equipmeol Group on the terms provided in such Eqwpmem Schcdulc : (d) i Ta.x Agreement and Artmrage Celtlficatc ID
the form of Exhibit B-1 (as applicable) anacbcd hereto: (e) aidenc:e of insurance ,.,th respect to the Eqwpmem Group ID compliance \\1th
Article VD of this Agn:ement: (0 Vendor im'Oioe(s) and/or bill(s) of sale relaung to the Equipment Group. and tf such Ut\"01ces have been
paid by Lessee. eo.~dencc of payment thereof and aidence of official intent to retmburse such p:l\ment as reqwred by the Code: (g)
financing swements c.'CCCllled by Lessee as debtor and/or the origmal cemficatc of utlc or manufacturer 's ceruficate of ongm and utle
applicabon. tf any. for any Equipmenl which is pan of such Equipment Group and is subJect to certific.uc of utlc laws : (h l a completed and
c.uculCd Form 80 38-G or 80 3~. as applicable. or eo.'MiencJC of filing tbm:,of .. 1th the ~· of T~". (i) an op1ruon of counsel to
the Le:ssee ~· ID the form of Ewblt E hereto. and (j) any Olher documc:n!s or nc:ms n:asonably roqwnxl by Lessor
Seclioa ?.J. l..alr; Pa ·1111 ad Ute Lessor hereby leases the Equipment to Lessee. and Lessee hereby le:iscs the Eqwpmcnt
from Lessor. upon the terms and condiuons set forth herem Lessee shall have quiet use and enj~ment of and peaceably have and hold
each Equipment Group during the related Lease Term. exc.cpt as exprcs.sly set forth ID this Agreement
ARna.Em
TERM
Section l .1. Term lltis Agreement shall be in effect for the Lease Term which shall be comprised of an lruual Tenn \\1th
successn-e one-year Renewal T entlS.
Each Lcasc with respect to an Equipment Group shall e.,qnre upon the earliest of the following events : (a, the final ~, of any Fiscal Year
in which Non-Appropnalion occur.i: (b) the payment of the Prepayment Pnc:e by Lcssee pursuant to A111Cle V: or (cl the ~mcnt by
Lessoc of all Rental ~mems and all Olhcr amounts aulhorizctl or n:quired to be paid by Lessee pursuant to such Lease: pnl\1dcd.
howe\'er. no Equipment Schedules shall be executed after any Non-Appropnanon or Event of Dcfuult
Section l .?. E,·mt uf Noa-Appruprialion An E\'ent of Non-Appropnation shall be deemed to have occurred \\1th respect to an
Equipmeru Group on the last ~· of any Fisc:11 Year if the Lessee has. on or before such date. failed to appropriate sullicent amounts
authonzcd and directed to be used to ~ all Rental Payments and all additional amowns eswnau:d to be ~'llble ,.;m respect to such
Equipm,:ru Group in the next ensuing Fiscal YCIJ'. In the sole C\'ent of ~on-Appropriation. this Agn:,ement shall terminate and c:ich Lease
hereunder shall expire. ID whole. but not ID part as to all Equipment effective upon the last day of the Fiscal Year for which funds were
appropnated. in the manner and subJCCl to the tCffllS specified in tlus Anicle. Lessee shall endc:J\"Or to gi'"e notice of 1ts intent to pemut a
Lease to e:,q>ire not less than runety (90) days prior to the end of the Fiscal YCIJ' for which appropnalions were made. and shall ~·
Lessor and the affected asggnee. if~'. of any anocipated non-renewal : provided lailurc to give such nouce shall not constitute an faent of
Default In the C\"ent tlus Agreement expires as pnl\ided in this Section. Lessee shall comply with the instruaions rca:n"ed from Lessor in
aa:xirdaoc:e \01th Section 12.3 .
S«1ioa l.J. Effm af Eminliua or TN1Ulalioe Upon e.xpll3b0n or tmninalion of tlus Agn:,ement as provided in this Arucle.
Lessee shall not be ~ble for the payment of any adl:itJonal Rental ~ ments coming due ID succccding Fiscal Years. but If Lessee has
not complied with the lllSUUClions n:ceiwd from Lessor in acx:ordancc ,'1th Section 12 . 3, the expirabOn or temunalion shall IIC\erthcless be
c:ffiicm e . but Lessee shall be responsible for the payment of damages in an amoum equal to the amount of the Rental Payments that would
thereafter !me come due if tlus Agreement had not expired or been llCmWlalCd and which are anribulable to the number of days after wluch
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Lessee fails to oomply with Lessor· s insuuctions and for any otber loss sulfmd by Lessor as a result of Lessee · s fail wt: to take such acuons
• RqUiral.
S«tioa J . .a. Tffllliylioll al Lew Tmn The Lease Tenn with respect to any Lease "ill terminate upon the occurrence of an
Event ofDdilult by Lessee and Lessor 's dccnon IO tenninall: such Lease punuaot lO Anicle XII .
ARTICLE IV
RENTAL PAYMENTS
S«tioa .a. t. lklllll .....,_., The Lessee 3gl1'CS IO pay IO the Les.wr the Rental ~ments due as speaficd m the Pavment
Schedule in E-dlibit A. Such FWlds shall be used by the Lessor solely for the purpose of ~ing the pnncipal and mtercst due pursuant to
this Agra:mcnl. A pol1lOII of each Raul Payment IS jllid a,; interest as specified in the ~'TIICIII Schedule of each u:ase . and the first
Rallal Payment will include IIICreSl aa:ruang from the FWlding Date. Lessor is authorized to inscn the due date of the tirsl Ri.'lltal Payment
in the Paymcnt Schedule in E.'lhibit A. All Raul Payments shall be promplly rcmiucd by the Lessee to the Lessor. or to such =gnre sl
Lessor bas assigned a,; Slipulaial in Aniclc XI. at such places a,; Lessor or such assignee(s) 1113\' from wne to ume designate ~· "nncn
DCJtice to Lessee . Lessee shall pay the Rental ~ments with lawful money of the Uruted States of Amenca from molle\·s lcgall" a,-auablc
lhl:raJf.
SeC1ioa U. Campi Eg The obligations of Lessee. including its obligation to ~-the Rental ~,nents due m any Fiscal
Year of a Lease Tenn. shall aJIISbtUlc a aafflll apcllSC of Lessee for such Fiscal Year and shall 11111 be construed or mtcrprcted (al to
din:cdy or indireaJy obligare the Lesscc to mak£ any ~ment in any Fiscal Year in excess of amounts appropnatcd for such Fiscal Y car.
(b) as aearing a debt or mulnple lisca.l year din:CI or indin:CI debt or Olhcr finanaal obligatK>n whatsoever of the Lessee "1thin the mearung
of Article XI . Seaion 6 or Article X. Section 20 of the Colorado Constituuon or any other consutuUonal or S131Utory limuanon or pl'O\ 1s1on.
(c) a,; a delegation of p"Cl'MIClllal powers ~-the Lessee : (d) as a loan or pledge of the c:rodit or fanh of the Lessee or as c:rcatm g an,·
raponsibility by the Lessee for any ddll or babdity of any person. a,mpany or corporauon "1tlun the mearung of Aruc:lc XI . St-coon l of
the Colorado COll5lilubon: or (el a a domboll or grant by the Lessee IO. or in aid of ~· person. company or corpor.mon ",thm the
meaning rs Aniclc XI. Scaioll 2 rs the Colol1ldo Consti1ulion . Nothing herein shall a>IISIJtutc a pledge ~· Lessee of any taxes or other
~'!i (other than moneys !Dfully appropnared from time to time by or for the benefit of Lessee for tlus Agreement and the Net
Proccals of the Eqwpmcnt) io the ~1IICIII of any Rcnlal Payment or other amount conung due hereunder
S«tioa u. v ........ d Pffld,.,,,,.., E.'Ulepl as provided in. the Lessee's obligaoon to make Rental Payments shall be
absol1'C and uncooditlOaal . Also. any odicr paymms required hen:undcr shall be absolUle and WICOlldibonaJ Lesm: shall make these
paymclllS when due and shall 11111 Wllbbold any of these ~lllCIIIS pending final resolution of any dispulcs. The I...= shall 11111 assen am·
right of SCl4 or counterdaun agaama 115 obliglbOrl IO make these ~ments. Lessee 's obligauon to make Rental Payments or ot~r
pa~ments shall 11111 be allated through atadcllt. unfon:sccn cm:wnsaances. failwt: of the Eqwpmcnt to ix.-norm as dcsm:d. dama ge or
dcstrualoo to the f,qwpment. loss of JIOIRSSIOII of the Equipment or obsolescence of the EqwpmenL The Lessee shall be obligated to
commue to make ~-~ of it by this Agrc,cmem if title to. or temporary use of. the Eqwpment or any pan thereof shall be taken
under exaase of the power of c:mancnt domain.
ARTICLEV
OPTION TO PREPAY
S«tioa !I. I. Opciaa !!P Pm,ay lcsllle shall ha\'C the opuon to prepay its obligatioris under any Lease ID "hole but 11111 m pan on
any Payment Date for the then applicable Piqa:,mmt Price ( which shall include a prepayment fee) as SCI forth ID the related Pa\'mcnt
Scbadolc, pnMdc,11 ~ bas been DD Noo-Approprillion or Event of Dmult .
S«tioa ll EHffig af 9rfn lcsllie shall give notice to Lessor of its intention to e.'<Cl'cise Its opllon 11111 less than tluny (' O)
clays prior to the Payment Date on which the option will be c.'lffl:ised and shall pay to Lessor 11111 latcr than such ~,nem l>.ite an amount
Cllpll to all Rallal ~lllCIIS and any odicr 3lltOIIIIIS then due or pasl due under the rclaled Lease (including the Rental ~ment due on the
Paymcnt Dae OIi which the option sball be c:8'a:IM) and the appliclblc ~ Price SCI forth in the related Payment Schedule In the
CVCIII lhll 111 such 3IIIDUIU arc DOI RIZiYed by 1.-ir on such ~ Dale. such DCJtice by 1...esm: of exerase of shall be votd and the
!dad I..-sball aJlltilu in full fonz and c:&cl.
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S«1ion 5.J. ~ ~ l..esaor's hneral Upon n:a:ipt of the ~ Price in good funds with respect to any Equipment
Group. the Lease with respect to such EquipmcDI Group shall termina1e and Lessec shall become entitled to such Equipmen1 Group AS IS .
WHERE IS. wmK>UT WARRANTIES. EXPRESS OR IMPLIED . INCLUDING WARRANTIES OF MERCHANTABD...ITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR TIE USE C01'ffEMPLATED BY LESSEE. e.=:pt that such
Equipment Group shall not be subject to any lien or encumbrance created by or arising through Leswr.
ARTICLE VI
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 6.1. Rgramtatiom UHi Warnnties ~ ..._ Lessee represents and wamnts as of the Agreement Date and as of
each Lease Dale as follows :
(a) Lessee is a Sl3le or politK:ai subdi\ision of the Stale within the meaning of Scaion lO J(cl of the Code. ~· orgaruzed and
existing under the Conslitulion and laws of the Stale. and is authorized Wider the C onslitubon and laws of the SWe to enter mto this
AgrmnmL each Lease and the ~ODS amtmqJialed bcm,y and ~-and 10 perform all of Its obbg;mons wider tlus Agreement
and each Lease.
(b) The e."UXU!ion and dcm~· of this Agreement and each Lease have been duly authonz.cd ~ all ~ 3Ctlon of Lesscc · s
govc:mmg bod_v and such action is m a,mpliancc with all public bidding and other Statc: and federal laws appbcablc: to ttus Agreemc:nL each
Lease and the aajUisition and financing of the Equipment by Lessee .
(c) This Agreement and each Lease ba\-e been duly e.xecuted and dcli\-ered by and consurutcs the valid and btndm g obhgauon of
leslllC. cnfm:table agamst Lessee in aocordance with their respeai\ "C tmns.
(d) The execubOll. deli\l:fY and performance of this Agreement and each Lease by Lessee shall not (il ,iolatc anv State or federal
law or local law or ordinance. or any order. writ injwlction. decree. or ~ of any aJtllt or Olher p'Cffl111C11131 ~-or bod\·
applic:abk ID Lessee. or (ii) conllia with or result in the breach or violalJon of any term or provision oC or COIISIJIUIC a dcflult under. any
nolc. bond. mortgage . llldenlun:. agn,ement. deed of uust. lease or other obligation to which Lessee is bound.
(c) Thcfc IS no action. suit proceeding. claim. inquiry or investigation. at law or in equity . before or by any coun. reb'Ulatory
a(PICY. public board or bod_v pending or. to the best of 1...essee ·s knowledge. thrcalened against or affecting Lessee. challengmg Lesscc ·s
~ to enter IJIIO this Agra:mcm or any Leasc or any other action wherein an wim,-orablc ruling or finding would ad\~· affect the
enfoRlcabwty of this Agreement or any Lease.
(f) No lease. rental agn:emem. lease-pun:hasc: agm:ment. payment agreement or contract for purchase to wluch Lessee has been a
~ at any nmc dunng the past ten ( 10) ~= has been terminated by Lessee as a result of insufficient funds being appropnated m any
Fiscal Y car. No event has oo:um:d which would COIISIJIUIC an e\'Clll of default Wider any debt. m-enue bond or oblig;mon wluch Lessee
bas isu:d dunng the past ten ( 10) year.;.
(g) Lessee or Lessee 's p-eming body has appropriated and/or taken Olher lawful actiorlS nea:swy to prtMdc moneys sufficcnt
to pay all Rental ~ments during the cunmt Fiscal Year. and such moneys will be applied in ~ment of all Rental Payments due and
payable during such cmrent Fiscal Year .
(h) Lessee has an inunediate need for . and e.'qJCCIS 10 make immediau: ll5C o( the Equipment which need is not temporary or
c.,q>eeted to diminish during the app1.icab1c: Leasc Term. Lessee prac:ntJy tntends to continue CICh Lease hereunder for its entire Lease
Term and to pay all Rental Payments relaling thereto.
Section 6.2. CO\-muts ~ ..._ Lessee aglllCS that so long as any Rental ~'11lCIIIS or other amounts due Wider this Agreement
remain tmpaid :
(a) Lessee shall not install use. operar.c or mailllam the Eqwpmenl improperty. cardc5sly. in violalion of~ applicable law or
regulalion or in a manner COllll3ry ID thal QOlllC:mplaal by this Agreemem. Lcsw shall oblam and mauain all permns and licenses
nctalSa1'Y for the iD5lallabon and operation of the Equipment. Lcssoe sball DOI.. withoul the prior written aJIISCl'd of Lessor. afli., or install
any ~ equipment or devia: on any of the Equipment if such addition would change or impair the originally intended functiom .
value or use of such Eqwpment.
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(b) Lessee shall provide Lessor access al all rcisooable times to examine and impect the Equipmeol and JllU''lllc Lwor '"lh such
acccss to the Equipmcol as may be rcasonabl)· ooa:ssuy to perform maimenana: on the Equipment in the e-'enl of failure by Lessee to
perform its obligalions hcmmdcr.
(c) Lessee sball oot, dirmly or indirectly, aeaae. incur. assume or suffer to e:<ist any mongage. pledge. lien. charge . encumbrance
or other claim with respect to the E.quipment. other than the respective rights of Lessor and Lessee as herein Pf'0\'1dcd. Lcsscc shall
promptly , at its awn expense. lake such actions as may be nea:ssary duly to discharge or n:mavc any such claim if the same shall ansc at
any lime. Lesscc shall reimburse Lessor for any expense incumd by Lessor in order to discharge or remove any such claun.
(d) The person or emity in charge o{ m:paring L.cs.,er:·s budget will include in the budget n:qucst for each Fiscal Year the Rental
Paymcms to become due during such Fiscal Year. and will use all n::isonable and lawful IIIC3l1S 3\'3i.lable to secure the appropnauon of
money for such Fiscal Year sufficient to pay all Rcmal P3)111C111S coming due therein. Lessor JCknowledges that appropriauon for Rental
Paymcms is a govemmenlal function which L.cs.,er: c:annol ~ aJllllllit itself in ad\'311CC to pcrfonn. Lessec acknowledges that
this Agreement does oot <XIIISlitulC such a Cllllllllitmcnl. ~-Lessee n::asonably believes that moneys in an amoun suffiocnt to make
all RClllal Paymcms can and will lawfully be approprialal and made av.wable to penrut Lessec · s connmnl uulization o( !he Eqwpmcm m
the perfunnanc.e dits e5S:lllial funaions during the applicable Lease Terms.
(e) Lesscc shall assure thal 11S obligabOII to pay Rcmal P:tymcms ts not ~· or indirectly secured by ~ mtcrcst in propcm .
other than the Equipment. and that the Rcmal ~mcnts will not be ~-or ~-secured bv or dcm-cd from am pa,mcnts of am
type or any fund other than Lessee's general purpme fund.
(I) Upon Lessor · s n,qucst. LcsK,e shall provide Lessor "'1th current financial stalemcnlS. budgets. and proof of appropnau on fo r
the ensuing Fiscal Year and such other tinanaal informalion relaling to the ability of Lessee to connnuc tJus Agreement and each L.casc :ts
may be~ rcqucstcd by Lessor .
(g) 1-shall promplly and duly execute and dc1n 'Cl' to Lessor such further documenlS. tl1Slrul11Cnts and asmr:u1CCS and take
such funhc:r aclJOII as Lessor may from wne to time ~· n:quest in order to cany out the intent and purpose of thts Agreement and to
cstablisb and pmea the nghlS and remedies CR3led or illlendcd to be cn:ated in fawr of Lessor hereunder.
Sec1itia U. Tg Rrl,..., Rm. wail,fit.m, Warrulies md CllfflWlb
(a) /ncorporanun of Tax A~ and Arbitmge CmijicDie. As of each Lease Daae and "'1th respect each Lease. Lcsscc makes
each ca the .q,RllCl1lalion Mir.dies and C1M:m1111S aJlllaincd in the Ta., Agreement and Albiuagc Cemfic:iae dclm:red "'1th n:spect to
such Lease. By thts reference each such Tax Agreement and Albitragc Certificaae is inoorporated in and made a pan of thts Agreement
(b) Evrni of Taxab,lity . If Lessor either (i) receives noticc. in any fOl'llL from the Internal ~ Sen1ce or (ii) reasonabl v
dclerrnincs. based on an opinion of independent ta., counsel selected by Lessor. that Lessor may not exclude any Interest paid Wider ~
Lease from its Federal ~ income (each an "fa,:rtt of Taxability"), the Lessee shall ~· to Lessor upon demand (.x1 an amount wluch.
with respect 10 Rental Payments previously paid and taking into aa:own all penalties. fines. inlen:sa and 3ddiuons to 1a., ( including all
federal. swe and local ta.,a:s imposed on the lmercst due tluough the date of such event). will restore 10 Lessor its after-tax yield (assunung
ta., 31 the highest marginal ta., rate and taking into aa:ount the time of receipt of Rema1 ~ments and reirr\'estment at the after-ta., vield
rate) on the transaction evidenced by such Lease tluough the date of such C\-ent and (y) as additional Rental Payments to Lessor on ·each
succeeding ~ment D-Jte such amowu as will maintain such after-tax yield to Lessor .
ARTICLE VD
INSURANCE AND RISK OF LOSS
Seaioa 7.1. ~ yd PnmmY lpa,:we Lessee shall. at its own expemc. procure and maintain connnuously m effect
during the Initial Term and each Renewal Term: (a) public liabili~· iDsurancc for death or injuries to persons. or damage to~· arismg
OUI ca or in any way connected to the E.quipment suflicienl to proa:a Lessor and/or amgns from liabili~· in all a-cots. with a coverage of
not less than Sl.000.000 per oa:urrencc 1i111ess specified diffemnly in the relaled Equipment Schedule. and (b) insurance against such
hazards as Lesu may Rqllire. including, but oot limited to. all-risk casual~· and property insurance. in an amount equal to the greater of
tbc full tqllacenlc:nt oost ca the Equipment or the applic:able Prepayment Pnoe of each Equipment Group .
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Sectioa 7.2. Worilcn' Compmytioa lnmrancc If requim:I ~ Slate law. Lessee shall cany workers· compensation insuranc:c
covering all employees OIL in. near or about the Equipment. and upon RlqUCSI. shall furnish to Lessor cenificates evidenang such coverage
throughout the Lc:ase Term.
Sectioa 7.J . ._rwe l!Fwi~
(a) Insurance Policies, All insurance policies requim:I ~ this Arncle shall be taken out and maintained ,..;th msurancc
companies aa:q,tablc to Lessor and shall contain a provision that thirty (30) ~'5 prior to ~-dlangc in the CO\'ffllge the lllSUl'CI' mus1
provide Millen nolicc to the insured parties. No insurance shall be sub,jc:a to any CXH11SUra11CC clause . Each insurance policy shall name
Les.1or and/or its assigns :is an addi1iooa1 insun:ld party and k& ~ ~ of ~-bn::lch of ~· or other act or ornis.gon of
Lessee and shall include a lender 's loss~ endonemeut for the benefit of Lessor :ind/or is as.ggns , Pnor to the deli\'1:1)' of EqwpmenL
Les.we shall dqJoslt with Lessor evidence saaisfactory to Lessor of such insurance and. pnor to the expiranon thereof. shall P"" ;c:1e Lessor
evidence of all --.ils or rq,laoemall5 tbemlC.
(b) ~If [nstll"Olla'. With Lessor's prior consent. Lessee may sclf-inswe the Eqwpmem ~ means of an adequate msurnncc fund
set aside and mainlaaned for thaa pwposc wluch ll1IISI be fully described in a letter defuned 10 Lessor III form aa:cpiable to Lessor.
(c) Evidence of /n:;,,ronce , Lessee shall deli\'cr to Lessor upon aa:cpwx;c of any Equipment C\1dencc of lJISUr.lllCC \\hich
complies with this AJ1Jck: VII with respect to such Equipment to the satisfaction of Lessor. mcluding. \\lthout lunuauon. the confumauon
of insurance in the form of E.'lhibtt F-1 attached hereto together "';th Certificates of lnsurancc. "hen 3\'311able . or the Quesuonnauc for
Sdf-lnsurar1':e and Addendum to Eqwpment Schedule Relating to Self-Insurance in the form of Exhibit F-2 anachcd hereto . as applicable
S«tioa 7 • .a. Hilk or Loa To the extent permined ~ applicable laws of the State as betwa:n Lessor and u:ssce . Lcsscc assumes
all risks and liabilillc:S from~· cause whalsoe\u. whether or not CO\'Cl'ed ~ insurance. for loss or damage to any Eqwprnem and for IIIJW\
to or dcalh of aoy persoo or damage to aoy property . This pro\'1sion shall swvi\-e the temllllalJOn of this Agm:menL
S«tioa 7.5. Dglnlctioa or !ePi--Lessee shall provide a complete "nnen repon to Lessor unmedaatcl~· upon any loss.
dldl. damagie or desuuction of any Equipmenl and of any aa:idall im"Ohing any Eqwpmcm. l.css>r may U1SpCCt the Eqwpment at any
time and from time to time during R:glllarbusiness hours. Subject an all ca:s to Scawn 3.:? and~.:?. uall or~-part of the Equipment IS
SIOlen. kl6t. ~ or damaFf beyond repair ("Damaged Equipment'"). Lessee shall ,.,tlun tlun" ( 'O) ~-s after such C\'ent etthcr : (a )
replace the same at Lessee 's sole c.,q,ensc ,.;th cquipmem ha\ing substuWally surubr Spccmcanons and of equal or greater \'aluc to the
Damagal Equipment immedialely prior to the lllnC of the 1055 oa:uncnoc. such n:piacemcm eqwpmem to be subject to Lessor · s approval .
wbcn:upon such replacement equipment shall be mbslinMd an the applicable Lease and the other malCd documents by appropriate
cndorsemem or amendment: or (b) pay the applicablc ·Pn:paymcnt Pncc of the Damagat Eqwpmcnt dc1ermined as se, fonh in the related
Equipment Schedule. Less:ie shall notify Lessor of which course of 3'2IOll n "111 take ",uun fifteen ( 15) ~'S after the loss occum:nce . If
witltin fony-m-e (-45) ~'S of the loss oa:wrena:. (a) Lessee fads to~-Lessor: (bl Lessee and l.css>r fail 10 execute an amendment 10
the applicable Equipment Schedule to delete the Damaged Eqwpmenl and add the replacement eqwpment or (c) Lessce has failed 10 pay
the applicable Prq,aymcnt Price. then Lessor may. al its sole discfflJon. declan: the applic:lble ~mem Price of the Damaged
Equipment. to be immedialely due and payable . The Net Proceeds of insurance ,.,th re:spcct 10 the Damaged Equipment shall be made
available ~ l.css>r to be applied to discharge Lessee · obligalioo llllder this Scaion.
AR11CLEVID
OTHER OBLIGATIONS OF LESSEE
Sectioa 8.1. Maintenance~ Equipment Lessee shall notify Lessor in wrinng prior to moving the Equipment to another address
and shall otherwise keep the Equipment at the addrca spc,aficd in the ~ Equipment Schedule. Lessee shall. at its own C.'qlenSC.
maimain the Equipment in proper wooong order and shall make all ~-repairs and replacements to keep the Equipment in such
condition including compliance with Slate and federal laws. Any and all replaa:menl parts must be free of encwnbrances and liens . All
such replacement pans and accessories shall be deemed to be incorporated immediately uuo and to conslltutc an integral pomon of the
Equipment and as such. shall be subjed to the terms of this Agreement All obligations of the Lessee Wider this Section shall be subject to
Seaion J.l and -4 .2 ,
SclClioe 8.2. Tua l.esKc shall pray all la.'ICS and other chargcs which are assessed or IC\ied agamsl the Eqwpment. the Rental
Payments or any part thereo( or which become due dwutg the Lease Term. whether assessed agamst Lessee or Lessor . c.~ as exprc:ssly
limited ~ this Section . Lessce shall ~· all utilities and other charges incumd in the operation. lll31lltcnancc. use. occupancy and upkeep
of the EquipmenL and all speaal assessments and charges la"'fully made by any gl)\-emrnemal body that ~· be secured ~· a lien on the
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Equipment. Lessee shall not be required to pay any federal . stale or local income. sua::ession. transfer. franchise . profit c.xccs.s profit
capna1 sux:k. gross rcc:ciplS. coiporale. or other similar tax payable by Lessor. its sua::cssor.. or assigns. unless sudt ta.x 1S made as a
Slb!lihlle for any la'l. ~ or charge which is the obligalion of Lessee Wider this Seaton. All obligauons of the Lessee W1dcr llus
Scaion shall be subject to Sccbons 3.2 and 4 .2 .
Seclioa I.J. Ach'ac:a Subject to Sections 3.2 and 4 .2. if Lcssee shall wl to perfonn any of its obligauons under llus . .\rude.
Lessor may take sudt acuon to rure sudt failure. including the ad\'3llCCIIICnt of mo~·. and Lessee shall be obligau:d to rep.I\. all such
advances on demand. with inlercst at the rate of 18% per annum or the ma.,wnum rate pemuned by law. "luchevcr lS I=. from the date of
the ad\'1111CC to the date of rep.I\ mem.
ARTICLE IX
TITLE
Section 9.1. Tide. Owner..hip and legal title of all Equipment and all replacements. subsnnmons. repairs and modrlicau on shall
be in the name of Lessor and Lessce shall take all action necessary to vest such ownerslup and utlc in the Lessor. Lessor has ouner.;lup and
legal title to the equipment solely for purposes of establishing a mortgage in the Equipment pursuant to Sa:uon 9.2. and bv llus Agnx:mcru
and each Lease. is merely financing the acquisition of such equipment for Lessee . Lessor does no1 operate . control or ha, e posscss1 on of
the Equipment and has no control over the Lessee or the Lessee 's operation. use . storage or marntenanc:e of the Equip me nt ln the e-.ent of
assignment by the Lessor of the Rental Payments and other amounts due Wider this Lease. Lessor shall conunue to hold mlc to the
Equipment Lessor shall nolify Lessee specifically with respect to any transfer of legal !ltle to the Equipment
Section 9.2. S«uritv lmttat Lessee hereby grants to Lessor a continuing. first pnonty perfected sccunl\ in terest m and to the
Equipment and all repairs. replaoemcDIS. substitutions and modifications thereto m order to secure Lessee · s pa, mcnt of all Rental P:J\ 1nems
and the perfonnance of all other obligations. Lessee will join with Lessor m executmg such financm g statements or Olhcr documents and
will perform such acts as Lessor may request to establish and maintain Lessors ,-atad first lien and perfected scrunl\· interest If requested
by Lessor. Lessee shall obtain a landlord and/or mongagec · s consent and w.uver u1th respect to the Eqwpment If requested t,\ Lessor.
Lcssee shall conspicuously mark the Equipment. and main1am such markings dunng the Lease term. to clearh dlscl05C Lessor s scrunr-
llllaal m the Equipment. Upon terminalion of a Lease through C:olCla5C of Lessee · s opoon to ~-pursuant to Am le V or through
P8.\1llCDI by Lessee of all Rental Payments and other amounts due with respect to an Eqwprnent Group . Lessor scrunl\ mtcrcs1 m suc h
Eqwpment Group shall lCmlinalc. Lessor shall execute and deliver to Lessee such documents as n ~ be ~· to e\1dencc tr.msfer f
tnle m such Equipment Group to Lessee . and Lessor shall =nc and deliver to Lessee such documents as Wi5':IC nlll' n:1SOnabl, request
to C\'ldcna: the termmauon of Lessor · s secunty uuerest in such Equipment Group
Seclioe 9.J. Modificalioe or Equipage Lessee will not. without the pnor ,-nnen consent of Lessor. afth or mstalJ .im
acccsi;ory eqwpment or de\,ce on any of the Eqwpment if such additlOII will change or unpaar the ongmall~ tntcndcd ,-aiue. functt on or~
of the Equipment
S«tioa 9 . .t. ~nonal Property The Eqwpment is and shall at all llmc5 be and remam personal propc:fl\ :md no1 fh1urcs
ARTICL!X
WARRANTIES
Section 10.1. Sdtttiot of [aip_,. Each Vendor and all of the Equipment have been selected by Lessee L..-ssor shall have
no ~ty in connection with the sdec:tion of the Equipment. the ordcnng of the Eqwpmcnt its swtabLlity for the use mtended bv
l...csscc. the aca:ptanee by any Vendor or its sales ~ of any order submined. or any delay or failure by such Vendor or its sat~
~ to mamdaauR:. ddMr or imlall any Equipmall for use by Lessee.
Sectlaa 10.2. Veadpr'1 WV!ll!i? Lessor hmby assigns to Lessee for and dunng the related Lease Te nn. all of its mre=. 1f
any . in all Vendor 's wamullics. guaramees and pall:llt indemnity protCClion. express or llllplied issued on or apphcable 10 an Equipmcm
Grcq,. and Lcace may oblain the QIIIOfflaly services furnished m CXllllllCCIJOII with sudt ,.arranbCS and guarantees at Lessee · s expense
Lalor bas no oblipion to cnli>roc any Vendor's Ql13l1lics or obligalions on behalf of itself or Lessee .
SecliN IU Pfr1 f a{ Wu. t'n LESSEE ACKNOWLEDGES 1llAT TIIE EQUIPMENT IS OF A SIZE . DE SIG N.
CAPACTIY . AND MANUFACTIJRE SELEC1B> BY LESSEE . LESSEE ACK.',10WLEDGES IBAT IT SELECTID IBE
EQUIPMENT WT1lKXJT ASSISTANCE OF LESSOR. ITS AGENTS OR EMPLOYEES . LESSOR IS NOT A MANUFACT1.,"RER OF
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rnE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT. AND OOES NOT INSPECT rnE EQUIPMENT BEFORE
DELIVERY TO LESSEE . LESSOR MAKES NO WARRANTY OR REPRESENTATION . EITHER EXPRESS OR IMPLIED . AS TO
rnE VALUE. DESIGN. CONDmON. QUALITY, DURABil.ITY . SUITABll.In'. MERCHANT-ABll.In' OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FTINESS FOR 1lfE USE CONTEMPLATED BY LESSEE OF IBE EQUIPMENT. OR ANY arnER
REPRESENTATION OR WARRANTY WTIB RESPECT TO 1lfE EQUIPMBIT. IN NO EVENT SHALL LESSOR BE LIABLE
R)R ANY INCIDENT AL OR CONSEQUENTIAL DAMAGES IN CONNECTION WTIB OR ARISING OlIT OF nns
AGREEMENT OR IBE EQUIPMENT OR LESSEE'S USE OF 1lfE EQUIPMENT.
ARTICLE XI
ASSIGNMENT AND SUBLEASING
Seclioa 11.1. Alllimmmt by Le9Jr Lessor. withoul Lessee's ronsem. ~ assign and n:assign all or pan of Lesso, .. s right title
and/or iDla'CSI in and to this Agn:ement or any Lease. including, but oot limited to . the Ralla1 ~ 311d other amounts payable by
Lessee 311d Lessor 's int=st in the Equipment in whole or in pan to one or more assignees or subassagnee(s ) by Lessor at any time . No
such assigmnem shall be ~'C as against Lessee Wlless and until written notice of the :magnmcnt is Pffl'ided to Lessa:. When
pn:scnral with a notice of assignment. Lessee ~ill acknowledge in writing receipt of such DObCC for the benefit of Lessor and any assignee
Lessee shall keep a a:,mplete and 3CCUl3IC n:cord of all such assignmcnlS.
Sa:1ioa 11.2. Allignmeat and Sublruig bv 'SP!' Neither this Agrmnent nor any Lease or any Equipment ~· be 35Slgncd.
subleased. sold. transferred. pledged or mongagcd i,., Lessee .
ARTICLE XII
EVENTS Of DEFAULT AND REMEDU:S
Sa:licm 12. l. [fflltS of Defalt Ddiaed The ocx:um:na: of any of the followmg events shall constitute an Event of Default
UDdcr this Agm:ment and each Lease :
(a) Lessee's failure to pay, within ten (10) da,\'S following the due date tben:o( any Renlal Payment or Olher amount required to be
paid to Lessor (ocher than b\· reason ofNon-Approprialion).
(b) Lessee's failure to mainlain insurana: as required by Anidc VII.
(c) With the cxa:plion of the abo\•c clauses (a) & (bl. Lessee's failure to perfonn or abide by any oonditiorL agreement or
covenant for a period of tluny (30) da,\'S after wrinen notice i,., Lessor to Lessee specifying such failure and requesting that 1t be remedied.
unless Lessor shall agree in writmg to an ~ of time prior to i1s expu3DOll.
(d) Lessor's deternunatJon thal any representation or warranty made by Lessee in this Agroernent was untrue in any material
rcsp:d upon c.'«lCU!.lon of this AgJllCIDCDt or any Equipment Schedule .
(e ) The occurrence of an Event ofTaxability.
(0 The filing of a peuoon in bankruptcy by or agams1 Lessee. or failure by Lessee promptly to lift any executio1L garrushmcnt or
e al1aclunem of such consequence as would impair the ability of Lessee to c:iny on its governmental functions or assignment by Lessee for
the benefit of creditors. or the entry by Lessee into an agra:inent of oomposilion with creditors. or the approval by a court of competent
jurisdiaion of any adjustment of indebtedness of Lessee. or the dissolulion or liquidation of Lessee .
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Sa:licm 12.2. Rantdies on Default Upon the occum:ncc of any Event of Default Lessor shall have the right at its option and
without any fwther demand or noucc to one or more or all of the following remc:dics :
(a) Lessor. with or withoul terminating this Agra:inent or any Lease. may declare all Rental Payments immedialely due and
payable by Lessee. whereupon such Rental Payments shall. S1lbjcct to Scclions 3.2 and-l.2. be immedialely due and pay.Ible .
(b) Lessor. with or without terminating this Al!J'CICIIICIII or any Lease, may repossess any or all of the Equipment by giving Lessee
~Tinen nolia: to deln·er such Equipment in the manner provided m Section 12.3 : or in the C\'Ctll Lessee fails to do so ~ithin ten (IO) days
after receipt of such nolicc. Lessor may enrer upon Lessee 's pn:mises where such Equipmcnt is kept and take posscSlion of such
Equipmcm and charge Lessee for aJ5IS incum:d. including IQSDliablc aaomeys ' fi:es . Lessee berd,y expressly waives any damages
IQ-ESC DOC IC~'tUOO Y?K 9
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oc:casiooed by such repossession. If the Equipmall or any ponioo has been dcstroyal. Lessee shall pay the applicable ~1IICIII Pnoe of
the deslroyed Equipment as SIii fonb in the relad Paymm Scbcdule. ~ of the fact thal Lessor has iakcn po5SCSSKlll of the
Equipmrm Lessee shall C0111iDue to be ,espoasille fur the Rcmal Paymenas due during the Fiscal Y car.
(c) If Lessor tenninar5 this Agrmnena and/or any Lease and. in ils disamon. takes poassion and disposes of any or all of the
F.quipDenL Lessor shall apply the proca,ds of any such disposition to pay the follo\\ing Items in the foilowmg order: (i) alJ COSIS
(induding, bul 111:l limiUd to. ~'5' fees) incurred in sc,curing possession of the E.quipmem; (ii ) all e.,perlSCS incum:d in axnplellng the
dilpllition· (iii) any sales or ttansfa laXl:S; (iv) the appliclble Pn:pryment Prices of the Equipmcnl Groups: mi M the balanc:c of any
RClllal Paymcds <IMld by Lcslcc cbing the F"ISCII Year then in effClc:t. Any disposition proca,ds mnaimng after the n:quiremenlS of
Claa:s (i), (ii), (iii), (iv) and (v) haM been 1111:1 sball be paid to Lessee .
(d) Lessor may take any other ~ available. at law or in equity . with ~ to such E~ of Ddau.lL includlllg those
n,quiring Lcslcc to perform any of its obliplions or to pay any moneys due and ~le to Lessor mi LesKIC shall pay the reasonabl e
aaorneys' fl,es and e.,perlSCS incurred by Lessor in enfm:ing any~ hemmder.
(e) Each of the foregoing n:medies is CUJIIWati\-e and may be enfon:ed separaae~· or amcum:ntJy .
Secliaa 12.J. Rdan qi Eaip I: R I of I 's i... Upon expllllbOII or terminallon of any Lease pnor 10 the
payment of all rdalcd Rallal Payments or the applicable Pn:pa_vmem Pnce (whether as result of Non-Appropriation or faelll of Default\.
Lcslcc sball. subjc,ct to Sections 3.2 and U. within ten (10) ~'5 after such termination. at ilS own expense · (a) perfonn any testing and
Rpairs n,quircd to place the idalcd Equipment in the condition required by Article VIIl : (b) if demslallation. disassembly or cr:mn g 1s
mpiin:111. cause such Equiprnem to be dein5laUed. disassembled and cr:lled by an authorized manufacturer" s representauve or such other
service person as is salisfactory to Lessor. and (c) raurn such Equipmenl to a locauon within the City limilS of the Lessee spcclficd ~-
Lessor. flagbl and insurance prepaid by Lessee. If Lessee n::fis:s to .aura such Equipment in the manner designated. Lessor mav
reposaess the Eqwpmcnl witboul demand or notJCe and SAitbout aiurt order or legal process and charge Lessee the COSIS of suc h
rep cm
S.:... 12., I,« CJw:g. Lessor sball ha\'C the rigbl to require lale paym:m charge for each Rental or ~-other amount due
baainder whlcb 11 11111 ,-1 SA-ilbm 10 • of the dMe when due equal to the 1ess:r of 5% of each lale pay1DCIII or the legal ma.'Wllwn . Tius
5ecnoa ii only applic:al* to the CIICIII ii does 111:l affect the validity of this Agr=nt:IIL
ARTICLEXDI
MISCELLANEOUS PROVISIONS
S.:... 13.1. t!!l!m.. All Mitten nolic;es to be given under this Agrmnc.nt sball be given by mall to the ~· enutled there!o a1
115 addn:11 specified bm:adl each party 's signature. or at such addnss as the party may pnMde to the other pal1leS hcn:to m SATIWlg from
IIIIIC to time . Any such IIIIIXlC shall be deemed to have been RICCMld 72 hours after dl:pasat m the Unllal Stales mall m registered or
a:nificd form. with pogagc fully prq,aid. or. if given by other meam. when dcli\'eral at the address specified in this Secuon 13 I
Sec1ioe 13.2. ....,._ Ef'l'eg This Agn,rmcnt and each Lease hemmder shall be bl.llding upon and sball murc 10 the beneti1 of
Lessor and Lessee and their RSpetUVe succmors and amgns. Spccifil;ally . as used hcn:i.n the term ··Lessor" means any pmon or enuiy 10
whom Lessor bas amgncd its right to ftlCCive Raul Payments under any Lease .
s«tion 13.J. Ss,erabjliD' In the C\'Clll any pnJ\ision of this Agn:,ement or any Le3se sball be held invalid or IIIICDf=t>le t,,
any aiurt of a,mpelCUl jwudiction. such holding sball not invalidate or render wlC.llfora:able any other provision hen:of. ·
Semaa tu. lpdft Aci s A tr n lbis Agreement aJIIStitutes the entin: agreemeru of the panics with respect 10
the subject maner ham and super.ie. all prior and a>nlCrllpOlllll writinp. Wldersla.ndi.ng agra:men1S. solicitation docwnents and
lqlRSCllaions. e,qxas or ~ This ~ may be amended or modified only ~-written docwnents duly autbonud, executed
and ddiven:111 by Lessor and Lessee .
S.:... Ill ~ lbc caplions or beadings in this Agrmnenl arc for convenience only and m no way define , li.11111 or
dllll:ribe the ICllpC or inlm of my pnMSioas. Arlicks. Sections or Claases hereof
IC>UC DOC 1on11•m: 1 0
02-7']:111.01
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Sectiaa 116. ..... Am • W CCIIJ'fflhs .... Les&or and I..-agree that they will, from lime IO lime.
c:xeaa, acknowledF and cle!Mr, or c:aa to be rmilal. adalowledpd and ddMral. such supplc:mcnls befflo and such funbcr
imtli4DiD5 as may rasDlllbl)' be RqUiRlll iJr comt1ing any ~ or illl:IOmcl dmcriplion of the E.quipmelll badly '-I or
illlmlcd SD to be. or for Olbcnrilc c:anyiDg out the e,q,n:ad .... of tbis Agniemenl_
Sectiaa 117. <ifm* Lp 1bis Agreemml sball be paml by and CD111rm1 in aa.udm.:e with the laws of the SI*.
Sectiaa 111. llaa..lt is the .... of the 1*1ics baa> to aimply with any applicablc 115111y laws; aa.udingly, it is agra,d
• ldwitl14&1-ting aay pn,viliom to the CXllllraly berciD or in any EcpiipmnM Sdmdc. in 1111 a'Clll shall Ibis Agra:m:nt or any l..alc
biftma:r ~ the paylDlllll or permit the calleclioa of i... or any _... in the .-me of IDfClal or Im in c:uicss of the maximum
lllillllllt pennitllld by appliclble law . Aay such l:IIIXW i... or la sball fint be applied IO rccbz Principal. and when 1111 Principal
Nallim.. lmmded IO l...mee. In dN:lermiDing wbdla the i... paid or payable mmds the highest lawful llU. the IOtll amount of
llllmll sball be spad tbluugb the appliclble Lalll: Tam ID tbll the llllmll is 1lllibm lbnJugb such tam
Sectiaa 119. • 's Ppful z A lailure or delay o(Les&or to ellfon:ll: any of the provisions of this Agn,ement or any Lease
sball in 1111 uy be CXJllltrUed to be a waiwr of such pn,vision.
Sectiaa 1110. Wwm: al Juy Jri11 Lcsllor and Lessee badly waive any right to trial by jwy in any action or proceeding \\1th
rapecl to. in, 1N11e •i.,o with or arising out aCtbis Agreement.
(REMAINDER OF PAGE LEfT lNI'ENTIONALL Y BLANKJ
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EXECUTION PAGE or MAS1Dl LI.ASE AGREEMENT
LEASE NUMIIUl 01
IN wrrNaS WBDm>J, Leaar Im c:auml Ibis Aglllallall to be CIIIDIIIIII in ils axpormc name by i1s duly authorized mlicer. and
.._ lmcaad Ibis A..-ID be l:lllaad in ils 1111111: by ils duly mboriZIIII affia:r.
Cily al I I' weud, .._
•By: ___________ _
Name: ]]ppp Byng
TIiie: Mpar ..,0-: _______ _
Addma: 1000 Englewood l'alhlly
Eugkwood. CO 80110
Tdcpbaac: 303-762-2300
Fll:limilc: 303-789-1125
-DIIC-nK 12
By: ________ _
Name: Edward W . Baruch
TIiie: SnJigr Vq Prnidm' Dae: __________ _
Addma: 165 Soulh U1111111 BoukYan1. Suilc 4SO
1..-lllood. CO 80228
Tdcpbaac: 303-9118-'800
Fll:limilc: 303-911-6300
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IXIIIBIT A
EQUIPMENT SCUDOU: NO. 01
TO LL.\Sl NO. 01
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A
Tbc following Equipment comprises an EquipmeDI Group which is the subject of the Master Lease Agieemem dated as of the
6th day oCDecembcr, 2000 (the M Agreement") bclwem the Ulldmiped Lessor and Lessee. The Agreement is inc:orporated herein in its
elllirely, 111d I.alee berd,y raffirms each of its iepi IMiom wanamies and CO\'Cilllllts COlllained in the Agn,cmenl l..twe wanaolS
lblt ao Noa-Appn,prialion 111d ao Evml of Default, or eYmt wbich. with the passage of time or the giving of oocice or both. would
OlllllliW aa Ewm ofDelault, bas occmnd lllider the Agrermml. AD AcceplaDCC Certific:ale and Payment Schedule are aaacbed to this
Eqaipmenl Scbedale and by .aermce are made a pan beiaJf. Tbc tams capitalized in this Equipment Scbedule but not defined herein
lball ba\'C the meanings assigned to them in the AgreemenL
IQIJIPMINJ GROUP
Tbc cost oC the EquipmeDI Group iO be funded by I.alee under this Lease is $3 78. 761 .00 (the • Acquisition Cost"). The
Equipment Group c:onsilis oC the following E.quipmelll which bas been or shall be purchased from the Vcndor(s) named below for the
prices -forth below :
Tbc Equipment Group is or will be locaied al the following address(es). Prior to relocation of the Equipment Group or an~
portion tbeiaJf during the Lale Tenn, Leaee will plU\'ide written aotic:e to Lessor:
Cityefl ahww4.
I.alee
.-By :_=----------
Nlme : Thomas Bums
Tille: Mayor
~: -----------
Addn&: 1000 ~ Pa.kway
~ CO 80110-2304
Tdepbooe : 303-762-2300
Facsimile : 303-789-112S
02-75)20.01
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1 ... laalew• Parkway
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Bv : __________ _
Name : Edward w. 8aNch
Tdlc : Scpior Vaq ,,..,....
Dae: ________ _
Addns: 16S Scuh Union Boulevard. Suite 4SO
l..akc'"lOd. CO 80228
Telephone : 303-988-StlOO
Facsimile: 303-~300
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:C Conlrect.CIICO ,..._. E..,_,
----=-:~-~1.____--;,:-:-:,:c:,;-..,c::-:::,=,;;-:-:,-------------t--.~--t-..::"'Lill--~----
Product OHc:nmion u,v Per nem D11count Total
Paid ea,.
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
37335-IN
8/15100
8/1SIOO ;
8/1SIOO
8/ISIOO
8/15100
8/15100
8/1SIOO
8/15100
8/15'00
8/15100
8/1SIOO
8/151DO
11,880-00 11,88000 37335-IN 8/15/00
-_:J .~00 __ 3,64000 37335-IN 8/15100
~-00 52000 -2]'335-IN _ 8/1~
-2,080 00 ~---2.080 00 37335-IN 8/15100
7.8000Q . _!~~ ___1 7~~~-~!'1~0Q
3,136 00 3,136 00 37335-IN 8/15100
15,000 00 7,500.00 9008989-IN 8/1SIOO
184 ,347 50 176 ,847 50 -----·--
-·-------
Check Amounl
i flem111nlna
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558 7,500 00
7 50000
• N
15-C~XL-EN _ ~~~ ~~ Edlio!' 15 4,995.00 35L _ ~5 ~ ~01.25 37335-IN 8115ioo 380558
•
r.i·C3524-XL -EN _ C~ 3524 XL Entare!!!! Edition 7 2,995 00 35% 13,627 25 13,627 25 37335-IN 8/15/00
s-C3512-XL-EN __ ~~3512XL EnterpnuEdillon --6-~49500 -35L --9,73050 --9,73050 37335-IN iii15100
S-C3SOIIG-XL -EN C~ 3508G XL Ent....,.. Edition 2 4 ,995 00 35% 6,493 50 6 ,493.50 37335-IN 8/1SIOO
S -~ Cal!IY!I ~ ~--·----1 ·-9 ,995 OQ. -35L --6 ,496 75 >-----8 ,496.75 3 7335-IN ai1s.oo
i -CAC :1~ __ ~ ~ 1_~ AC"""'!' ~'ffl___ 1 3,995 00 35% 2 ,596 75 2 ,596 75 37335-IN 8/1SIOO
__;.cAC-1300W~ . Cat~ 600() Second 1300W AC Power Slffl -1---Hiisoo -35% -2,596 75 2,596 75 3 7335-ji,j iii1 5100
C6K -SUP -5 3 ~ ___ C!~ 6000 SupeMIO( Flalh 1,,..., A~~ 3(3) 1 -------35%-=--= _ _. ::::_:: =. _::_ -. ---
'l AC Power Cord . 110\/ 2 35%
o 10SD-1207X~--~'!',o~al~~~l!~AVl~IOSfl!!hl~-IPnPX ______ 1_ ~00 -35%
, X6K -SUP1A -MSFC C~ 6000 Supe,viaor Enpw 1-A. 2GE . ~ MSF~ & PFC _ 1 --~.995 00 35%
,-X6248-RJ -45 _ ~~_!",sl6000~8-Port 1!1'100RJ-45~ _ _ ___ 5 _ _ 12 ,99500 _35% _
,-X6408-GBIC Cata!y!!60008-Port~~!h!'~Modui!!A~ QBIC1) . _ 1__ --~.~~ -~"
, G5484 _ _ J~S~·S! "Short~~-QBl<2 !Mui-~L -_ E _ --~ !X!.i--35~-
,-XJSOO-XL _ GigaStack SlackinQ GBIC and 50cm c.ble ___ ____ 12 ___ 250 00 ,_. 35% _
>N-SNT-WS-C3548 8r5xNB0Svc,~3548XL _ -------~~ _ 47500 _Q%_
>N-SNT-W~·C3508Q 8r5rNf!O SYS IN!o-C3508Q _ __-2__ ___ ~.00 --~-
1,30000
19,496 75
42 ,233 75
6 ,496 75
7,15000
1,95000
7,125 00
--1)9000
>N-SNT·W~~ _ ~r5rNBQ_ ~vc . c~ ~ -----_1 _____ 8 ,500 OQ 0%
.. 11a11on NE C tnllallalion 1 6 000 00 -0%---
6 ,50000
6,00000
· Uoooo 111JS-1N--iii151cio
19,496 75 -37335-IN 8115/00
42 ,233 75 -37335-IN 8/1SIOO
"i:496 75 ·-37335-IN 8/1 sioo
-7,15000 373:is-lN 8/15/00
_ 1:~.QQ 3 7335-IN-8115/00
7,12500 37335-IN-ii1SIOO
1,79000 37335-IN 1!,'1~
·e:soci oo -37335-IN-8/t51oo
3 000 00 90081189-IN 8/15100
360558
380558
360558
360558
360558
360558
360558
360558
360558
360558
360558
360558 -360558
360558
360558
360558 3,000 00
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Englewood Equ,pmenl Schedule 2000 •I• She~, 1
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:C c...ct.a.co ...._..
Product
Jdillonll "'~-,
,CQ.PA-4 T + Port Serial Port -
,CQ.CA8-V35MT Male Ole V 35 10'
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GIIAND TOTAL-OIIGIIW. COlffllACT
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TOTAL 190.285 00
• 374132.10
4 3.15000 0% 12,600.00
11 -7000 0% 420.00
13 ,020.00
Finlnced Amount
-------1: ~~--~~gea
~~gea
Taul Paid
Chedl ,,.....,...,,,,
3605!18
361078
P,age 2 ol 2
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Paid Invoice !'aid -Clwck Amounl
Amounl • Dale • llamalnlna
187.28500 3 000 00
----364,132 .50 $10 500 00 --
12 .600 00 i--E~~'!_ ._~1/0Cf 361078
-420.00 38004-IN 11/31/00 36107!_
13 .02000 ---
377,152 50
.___ -~-----
--1.508.48 ~!!.~!'L 1/tsiiio 3605!18 ---
-7000-371128-IN 8131/00 3111078 ---~--~
'--~1~ -361078 ----3201 38004-1~ ---1,808 50 --------
• 171711.00 --------377,152.50 --------384 ,533 .1111 ------13 .12201 • ......
10/26/00 3 .33 PM
Envi-,ci Equipment Set-... 2000 >Is Sheet1
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Payment Schedule Lease No.: 01
Equipment Schedule: 01
Payment Principal Prepayment
Payment# Date Balance Payment Principal Interest Price•
Commencement Date 1218100 378,781 .00
1 116/01 373,321 .12 7,308 .43 5 ,439.88 1,888 .55 $381 ,584.10
2 218101 387 ,854.41 7,308 .43 5 ,488 .71 1,841 .72 $375 ,865 .60
3 316101 382,380 .73 7,308 .43 5 ,493 .88 1,814.75 $370 ,123 .28
4 416101 358,839.95 7,308 .43 5 ,520 .78 1,787 .65 $364 ,357 .03
5 518/01 351 ,291 .93 7,308 .43 5,548 .02 1,780 .41 $358 .566 .75
6 8/8/01 345,718.54 7,308 .43 5 ,575 .39 1,733 .04 $352.752.35
7 716/01 340 ,113.64 7,308.43 5.802.90 1,705 .53 $346 .913 .72
8 8/8/01 334,483 .11 7,308 .43 5,630 .54 1,877.89 $341 .050 .77
9 916101 328 ,824.79 7,308 .43 5 ,658 .31 1,850 .12 $335 ,163 .38
10 1016/01 323 ,138.56 7 ,308 .43 5 ,886 .23 1,822.20 $329 .251 .47
11 1116/01 317,424.29 7 ,308 .43 5 ,714 .28 1,594 .15 $323 .314 .92
12 1218101 311,881 .82 7,308 .43 5 ,742.47 1.565 .96 $31 7 ,353 .63
13 116/02 305,911.02 7 ,308 .43 5 ,770 .80 1,537 .63 $311 ,367 51
14 218102 300,111 .75 7,308 .43 5 ,799.27 1,509 .16 $305 ,356 .45
15 3/6/02 294 .283 .87 7 ,308 .43 5 .827 .88 1,480 .55 $299 .320 33
18 ""5/02 288,427 .24 7,308.43 5,856 .63 1,451 .80 $293 ,259.07
17 5.'&'02 282.541 .72 7,308.43 5 ,885 .52 1,422 .91 $287 .172.55
18 Ml/02 278,827.18 7 ,308 .43 5 ,914 .56 1,393 .87 $281 .060.68
19 7te/02 270.883 .42 7 ,308 .43 5 ,943 .74 1,384.69 $274 ,923 .33
20 Ml/02 :ztM .710.38 7 ,308 .43 5 ,973.06 1,335.37 $288 .760 .42
21 M/02 258 .707.84 7 ,308 .43 8 ,002.53 1,305.90 $262 .57 1.82
22 10J8/02 252.875 .70 7 ,308.43 8 ,032 .14 1 ,276 .29 $256 ,357 .44
23 1116/02 248,813 .80 7,308 .43 8 ,081 .90 1,246 .53 $250 .117 .17
24 1218102 240.522.00 7,308 .43 8 ,091 .80 1,216 .63 $243 .850 .89
25 116/03 234 ,400.15 7,308 .43 8 ,121 .85 1,186 .58 $237 ,558 .51
28 218103 228 .248.09 7,308 .43 8 ,152.06 1,156.37 $231 .239.90
27 3/6/03 222.065 .89 7,308 .43 8 ,182.41 1,128 .02 $224 .894 .97
28 416/03 215 ,852.7 8 7,308 .43 8 ,212.91 1,095 .52 $218 .523 .6 1
29 518/03 209 ,809 .22 7 ,308 .43 8 ,243 .56 1,064 .87 $212 .1 25 .69
30 8/8/03 203.334.88 7,308 .43 8 .274 .36 1,034 .07 $205 ,701 .12
31 716/03 197,029.55 7,308 .43 8 ,305 .31 1,003 .12 $199 ,249 .78
32 818/03 190,893.14 7,308 .43 8 ,338.42 972 .01 $192 ,771 .55 • 33 916/03 184,325 .48 7,308 .43 8 ,387 .88 940 .75 $186 ,266 .34
34 1016/03 177,926.37 7,308.43 8 ,399.09 909 .34 $179 ,734 .02
35 11/6/03 171,495.71 7,308 .43 6 ,430.66 877.77 $173 .174 .48
38 12/6/03 185,033.32 7 ,308.43 8 ,482.38 848 .05 $166 ,587 .61
37 116/04 158,539.06 7,308.43 8 ,494 .27 814.16 $159 .973.30
38 218104 152,012.75 7,308 .43 8 ,528 .30 782 .13 $153 ,331.42
39 3l8I04 145,454 .25 7,308 .43 8 ,558 .50 749 .93 $148 .661 .87 • 40 416104 138,883 .40 7,308 .43 8 ,590 .86 717 .57 $139 .964 .53 I 41 518/04 132,240.03 7,308 .43 8 .823.37 685 .08 $133 .239.29 • 0
42 8/8/04 125,583.98 7,308 .43 8,858.05 852.38 $128 .486 .02
43 7/8/04 118,895.10 7,308.43 8 ,888 .88 819.55 $119 ,704 .62
44 Ml/04 112.173.22 7,308 .43 8 ,721.88 588 .55 $112 ,894 .96
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Payment Principal
Payment I Dam 8aAanc:e Payment Principal
45 Ml/04 105,418.18 7,308.43 8.755.04 48 10l8/04 98,829.81 7,308.43 8 ,788.37 47 111M>4 91,807.95 7,308.43 8 ,821 .118 48 121M>4 84,952.44 7 ,308.43 8,855.51 49 118/05 78,083.11 7,308.43 U89.33 50 2IM>5 71,139.79 7,308.43 U23.32 51 3'8/05 84,182.32 7,308.43 8 ,957.47 52 4l8I05 57,190.52 7,308.43 8,991.80 53 5'8/05 50,184.23 7,308.43 7,028 .29 54 Ml/05 43,103.28 7,308.43 7,080 .95 55 718/05 38,007.49 7 ,308.43 7,095 .79 58 lla/05 28,879.70 7,308.43 7,130.79 57 Ml/05 21,710.73 7,308.43 7,185 .97 58 10le/05 14,509.40 7,308.43 7,201 .32 59 1118/05 7,272.55 7,308.43 7,236.85 §2 ~ ggg Z ;JgH~ 1,z1z .:z5
438,505.80 378,781 .00
Interest Rate 5.920'II,
"Purchase Price after the current lease payment has been made.
l.eaee: City of Englewood
.Aly : _________ _
Name : Thomas Bums
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Purcllae ......... Price"
553.39 $108,056.92
520 .08 $99,190.40
4118 .57 $92,295.28
452.92 $85 ,371 .39
419.10 $78,418.88
385.11 $71 ,436.99
350.96 $64,428.22
318.83 $57,388.23
282.14 $50 ,318.91
247.48 $43,218.13
212.84 $38 ,089.78
177.84 $28 ,931 .72
142.48 $21 ,743.84
107.11 $14 ,528.01
71 .58 $7,278.10
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59,744 .80
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
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COUNCIL BILL NO . 75
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
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 DOWNTOWN DEVELOPMENT AUTHORITY.
WHEREAS . it is the duty of the City Council of the City of Englewood , Colorado ,
under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the
annual levy for City purposes ; and
WHEREAS , the City Council 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 the levies as hereinafter set forth , are proper and wise : 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Sectjpn 1. That there be and hereby is levied for the year of 2000 , due and payable
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 the
Community Center Bond Fund Debt Service Fund 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 certified by law.
Sectjon 2. That under the authority of the Colorado Revised Statutes and the
Englewood Home Rule Charter, there is hereby levied for the year 2000 , due and
payable as required by law in 2001 , a tax of 4 .397 mills on the dollar for the use and
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 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.
Read by title and paBBed on final reading on the 6th day of November. 2000 .
Published by title as Ordinance No. ~ Series of 2000, on the 10th day of
November, 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 the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 76
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
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 Charter of the
City of Englewood, Colorado, adopted by the voters on July 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 Council
within three weeks after its submission at the meeting of the City Council on
September 18. 2000, regular notice of the time and place of said hearing having be en
published within seven days after submission of the budget in the manner provided in
the Charter for the publication of an ordinance; and
WHEREAS, the City Council of the City of Englewood has studied the budget on
numerous occasions; and
WHEREAS, it is the intent of the City Council to adopt the 2001 budget as now
submitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. That the budget of the City of Englewood , Colorado, for the fiscal year
2001, as submitted by the City Manager and duly considered by the City Council after
public hearing, be and hereby is adopted as the budget for the City of Englewood for
the fiscal year 2001.
Section 2. GENERAL FUND
Total Fund Balance, January l, 2001
Revenues
Sales/Use Tax
Property and Specific Ownership Tax
Franchise/Occupation/Cigarette Tax
Lice nae/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
1,126,420
1,401.472
908,250
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 Resources
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Development
Library Services
Parks and Recreation Services
Transfers Out (Five Year Capital Plan)
Contingencies
Debt Service
Total Use of Funds
Total Fund Balance, December 31, 2001
Sectjon 3 DEBT SERVICE FUNDS
Community Center Bond Debt Service Fund
Fund Balance, January 1, 2001
Revenues
Expenditures
Fund Balance, December 31, 2001
Payjng District #35 Debt Servjce Fund
Fund Balance, January 1. 2001
Revenues
Miscellaneous
Expenditures
Fund Balance. December 31 , 2001
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2001 BUDGET
$35 ,279 ,797
:ti 484 655
$35 764 452
338,887
698 ,693
767,239
664 ,937
650 ,346
1,659,990
1,170.061
5 ,086,7 45
13 ,901 ,-14 8
1,559.001
1.204 ,22 7
4 ,606 ,88 7
$ 414 ,400
$ 75,000
I 879 961
$34,677 ,822
$ 6 ,183 ,288
$ 89,220
$ 430 ,500
$ 476 ,215
$ 43 ,505
$ <173,210>
$ 44 ,561
$ 14,922
$ <143,571>
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2001 BUDGET
Payjng District #37 Debt $ernw Fund
Fund Balance, January l , 2001 s 684
Revenues $ 3,495
Expenditures and Transfers $ 3.900
Fund Balance, December 31 , 2001 $ 279
Payjng District #38 Debt Seryjce Fund
Fund Balance, January 1. 2001 s 18,529
Revenues
Miscellaneous $ 71 ,326
Expenditures $ 89.200
Fund Balance, December 31, 2001 $ 655
Concrete Replacement District 1995
Fund Balance, January 1, 2001 $ <30 .462>
Revenues $ 7,764
Expenditures $ 4 .738
Fund Balance. December 31 , 2001 $ <27 ,436>
Section 4 SPECIAL REVENUE FUNDS
Conseryatjon Trust Fund
Fund Balance, January 1, 2001 $ 481 ,000
Revenues $ 320 ,140
Expenditures $ 443 ,000
• Fund Balance, December 31, 2001 $ 358 .140
Commercial Revo]yjpg Loan Fund
Fund Balance, January l, 2001 $ 158,452
Revenues $ 7,500
• Expenditures $ 25,000 I Fund Balance, December 31, 2001 $ 140,952 • 0
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Community Pevelonment Fund
Fund Balance, January l. 2001 $ -0-
Revenues and Transfers In $ 150,000
Expenditures $ 150,000
Fund Balance, December 31, 2001 $ -0-
Donors Fund
Fund Balance. January l , 2001 $ 178,466
Revenues and Transfers In $ 162 ,550
Expenditures $ 327,783
Fund Balance. December 31 , 2001 $ 13 ,233
Section 5 CAPITAL PROJECT FUNDS
Publjc Improvement Fund
Fund Balance, January l, 2001 $ 485,315
Revenues $ 3,122,400
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Expenditures $ 2,158,481
Fund Balance , December 31, 2001 $ 1,449,234
Capital Project§ Fund /fYCP}
Fund Balance , January l, 2001 $ 1.227,023
Revenues $ 614.400
Expenditures $ 1,400 ,048
Fund Balance, December 31, 2001 $ 441 ,375
• Section§ INTERNAL SERVICE FUNDS
Seryjcenter Fund
Funds Available, January l, 2001 $ 1,094 ,892
Revenues $ 1.299,936
• Expenses $ 1,436.4 10 I • 0
Funds Available, December 31, 2001 $ 958,418
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Canital Eeuinment Benlacement Fund
Funds Available , January 1, 2001
Revenues
Expenses
Funds Available, December 31 , 2001
Central SeCYicee Fund
Funds Available, January 1, 2001
Revenues
Expenses
Funds Available, December 31 , 2001
Riek Management Fund
Funds Available, January 1, 2001
Revenues
Expenses
Funds Available, December 31, 2001
Employee Benefite Fund
Funds Available , January 1, 2001
Revenues
Expenses
Funds Available, December 31, 2001
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2001 BUDGET
$ 739,015
$ 837,143
$ 977 ,193
$ 598,965
$ 147 ,997
$ 329 ,179
s 291 ,342
$ 185 ,83 4
$ 442 ,802
$ 764 ,675
$ 858 .296
$ 349,181
$ 1,017 ,063
S 3,501 ,176
$ 3,501,176
$ 1,017 ,063
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Sectjon 7 ENTERPRISE FUNDS
Water Fund
Funds Available, January 1, 2001 $ 3 ,765 ,929
Revenues $ 5 ,699,148
Expenses $ 7,016 ,630
Funds Available , December 31 , 2001 $ 2 ,448 ,447
Sewer Fund
Funds Available, January 1, 2001 $18,196,304
Revenues $ 7,058 ,100
Expenses $ 8 ,89 4,199
Funds Available, December 31. 2001 $16,360 ,205
Storm Drainage Fund
Funds Available, January I. 200 1 $ 362.185 )
Revenues $ 137 .000
Expenses $ 85 ,631
Funds Available, December 31 , 2001 $ 413 ,55 4
Golf Course Fund
Funds Available , January 1. 2001 $ 7 13 .865
Revenues $ 1.970 .150
Expenses s 1,942 ,5 15
Funds Available. December 31, 2001 $ 741.500 • Concrete 1 Jt jljty Fund
Funds Available . January 1, 2001 $ 696.834
Revenues $ 525 ,000
Expenses $ 652,699 I • • 0 Funds Available, December 31 , 2001 $ 569,135
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Funds Available, January 1. 2001
Revenues
Expenses
Funds Available, December 31 , 2001
Section a FIDUCIARY FUNDS
Malley Center Tryst Fund
Fund Balance, January 1, 2001
Revenues
Expenses
Fund Balance , December 31 , 2001
Parks and Recreation Tryst Fund
Fund Balance , January 1, 2001
Revenues
Expenses
Fund Balance, December 31, 2001
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Special A88essment Surplus & Defipency Fund
Fund Balance , January 1, 2001
Revenues
Expenses and Transfers
Fund Balance, December 31, 2001
Sectjon 9 JOINT VENTURES
2001 BUDGET
$ 1,536,986
$ 1,050,000
$ 950,000
$ 1,636.986
$ 274.209
$ 18 .000
$ 80 ,000
$ 212 .209
$ 178,-149
$ 14 ,000
$ 21 ,300
s 17 1.149
$ 161 , i2
$ 40 ,36 3
$ 55 .iOO
$ 146 ,535
LITILETON{ENGLEWOOD WASTEWATER TREATMENT PLANT
JOINT VENTURE
Funds Available, January l, 2001 $ 115,674
Revenues
Expenses
Funds Available, December 31, 2001
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$15 ,236 ,885
$ 115,674
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Sectjon 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, 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.
Read by title and passed on final reading on the 6th day of November, 2000 .
Published by title as Ordinance No . ~ Series of 2000, on the 10th day of
November, 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 the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2000
BY AUTHORITY
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COUNCIL BILL NO. 77
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
THE CITY OF ENGLEWOOD, COLORADO , IN THE FISCAL YEAR BEGINNING
JANUARY 1. 2001 , 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 :
Section 1. That there be and there hereby is appropriated from the revenue derived
from taxation in the City of Englewood , Colorado , from collection of license fees and
from all other sources ofrevenue including available fund balance during the yea r
beginning January 1, 2001, and ending December 31 , 2001, the amounts hereinafter
set forth for the object and purpose specified and set opposite thereto, s pecifically as
follows :
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
GENERAL FUND
Finance and Administrative 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
1.170.061
5.086.745
13 .901.448
1,559.001
1,204.227
4 ,606.887
414 ,400
75 ,000
I 879 961
$ 34 ,677 ,822
COMMUNITY CENTER BOND DEBT SERVICE FUND
Total Community Center Debt Service Fund $ 476,215
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PAVING DISTRICT #35 DEBT SERVICE FUND
Total Paving District #35 Debt Service Fund
PAVING DISTRICT #37 DEBT SERVICE FUND
Total Paving District #37 Debt Service Fund
PAVING DISTRICT #38 DEBT SERVICE FUND
$ 14 ,922
$ 3,900
Total Paving District #38 Debt Service Fund $ 89 ,200
CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FUND
Total Concrete Replacement District 1995 Fund $ 4,738
CONSERVATION TRUST FUND
Total Conservation Trust Fund
COMMERCIAL REVOLVING LOAN FUND
Total Commercial Revolving Loan Fund
COMMUNITY DEVELOPMENT FUND
Total Community Development Fund
DONORS FUND
Total Donors Fund
PUBLIC IMPROVEMENT FUND
Total Public Improvement Fund
CAPITAL PROJECTS FUND CfYCP} FUND
Total Capital Projects Fund
SERVICENTER FUND
$ 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 FUND
Total Risk Management Fund
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund
WATER FUND
Total Water Fund
SEWER FUND
Total Sewer Fund
SJ'ORM DRAINAGE FUND
Total Storm Drainage Fund
GOLF cm JRSE FUND
Total Golf Course Fund
CONCRETE UTILITY FJJND
Total Concrete Utility Fund
HOUSING REHABILITATION FUND
Total Housing Rehabilitation Fund
MALLEY 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 FUND
Total Parks and Recreation Trust Fund $ 21 ,300
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SPECIAL ASSESSMENT StlRPLUs & DEFICIENCY ftTND
Total Special Assessment Surplus & Deficiency Fund
$ 55,700
LIITLETONIENGLEwoop WASTEWATER TREATMENT PLANT
JOINT VENTURE FCTND
Total Littleton/Englewood WWTP Joint Venture Fund
$ 15 ,236,885
$ectjon 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 such line
items may be set forth as the adopted budget for the fiscal year 2001.
$ectjon a. 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 applied on the outstanding
claims now due or to become due in the said fiscal year of 2001 .
Sectjon 4. All unappropriated monies that may come into the hands of the Director
of Financial Services during the year 2001 , may be so distributed among the respective
funds herein as the City Council may deem best under such control as is provided by law.
$ectjon Q. During or at the close of the fiscal year of 2000, any surplus money in
any of the respective funds, after 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 20lll day of October, 2000.
Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No ._, Series of 2000, on the 10th day of November, 2000 .
ATTEST: Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
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I, Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . __. Series of 2000 .
Loucrishia A. Ellis
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BY AU THORITY
ORDINANCE NO._
SERIES OF 2000
COUNCIL BILL NO . 78
INTROD UCED BY CO UNC IL
MEMBER GARREIT
AN ORDINANCE AMENDING TITLE 11 . CHAPTER l , SECTION 1, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF TWO N EW
SUBSECTIONS 5 AND 6 , RELATING TO MINIM UM STANDARDS FOR
COMMER CIAL VEHICLES.
WHEREAS , the City has previously adopte d the '.\fo de l Traffic Code for Color a do
Municipalities, 1995 Edition: and
WHEREAS, clarification is needed t o a llow the Cit y to enforce the minimum
standards for commercial vehicles on City stree ts as well as S tate highw ays ;
NOW , THEREFORE, BE IT ORDAINED BY THE C ITY COU '.'ICIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Engl e wood . Co lor a do her e by a me nd s Title
11 , Chapter 1, Section l(B), of the Englewood Municip a l Co d e 2000 , by the a ddition of
two new Subsections 5 and 6, and r enumbering the re maming s ubsection s a cco rdingl y.
to read as follows :
11-1-1 : ADOPTION OF CODE :
A. Pursuant to section 44 . article V of the Engle wood Home Rule Ch a rter. a nd
title 31, article 16, parts 1 and 2, C.R.S . 19i3 , as a me nded . there is h er eby
adopted by reference articles I and II , inclus iv e of the 1995 Edition of the
"Model Traffic Code for Colorado Muru c1pa!Jt1es", promulgated a nd publis hed
as such by the Colorado Department of Trans porta ti on . 4201 E . Arkansas
Avenue, Denver, Colorado 80222 . The s ubJ ect matte r of the Model Tra ffi c Co de
relates primarily to comprehens ive traffic-control re gulations for the City . The
purpose of this Chapter and the code adopted herein is to provide a syst em of
traffic regulation consistent with State Jaw and generally conforming to simila r
regulations throughout the State and Nation . Three (3) eepiee A copy of the
B.
Model Traffic Code adopted he rein &re j!,now fil ed in the offi ce of the City Cle rk
of the City and may be inspected during regular busines s hours.
The 1995 Edition of the Model Traffic Code is adopte d as if set out at len gth ,
except for the following parts and sections of article I which are declared to be
inapplicable to this Municipality and are therefore expressly deleted or
amended :
l. Penalty Assessments-The City does not use penalty a ssess ments for
traffic violationa and therefore all references to penalty assessments and
procedures dealing with penalty assessments in any article or section are
expressly deleted.
2. Part l, section 106 is amended to read as follow s :
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Restricted Use Of Streets
(1) The use of certain streets and roadways by motor-dri\'en cycles,
trucks or other commercial \'e hicles, bicycles, motorized bicycles
and horse-drawn vehicl es or oth e r nonmotorized traffic s hall be
restricted or prohibited when authorized by the Traffic Engineer
and when official signs giving notice thereof are erected.
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(2) For the purpose of road construction and maintenance any street
or portion thereof may , by acuon of this Municipality or by
agreement with other concerned road agencies, be temporarily
closed to through traffic or to all vehicular traffic during the work
project, and the traffic affected s hall be guided along appropriate
detours or alternative routes by officia l traffic control de,;ces.
(3) When signs are so erected gwing notice of restrictions or
prohibitions upon the use of streets, no person s hall disobey the
directions or instructions s tated on such s igns .
(4) The provisions of s ubsection (1) s hall not be co n strued to prohibit
the drivers of any excluded vehicles from traveling over s uch
restricted or prohibited s tree ts. othe r than co ntrolled-access
roadways, for the purpose of delive ring or picking up materials or
merchandise or reaching their des tmat10ns which occur on these
particular streets, pro.,.;ded such excluded vehicles enter s uch
streets at the mte rsect1on neares t the destinat10n of the vehicle
and proceed thereon no farther than the nearest intersection
thereafter.
Part 2 , section 203 Unsafe Vehicles -Spot Ins pections is deleted.
Part 2 , section 227 (3)(b) Tinted Windows is deleted.
Section 235 /2) of the Model Traffic Code for Colorado munici palities is
herebv amended to read no pe rson or owner or lessor or othe r e ntitv
having authority over the use and operation of a co mmercial vehicle s h a ll
operate or allow the operation of a commercial vehicle, as defined in
Subsection (l) of this Section, on any public highway of this State or City
unless such vehicle is in compliance with the Rules and Regulations
adopted bv the Department pursuant to Subsection (4) of this Section.
The City hereby incomorates by reference the Departme nt of Public
Safety Rules and Regulations Concerning Minimum Standards for the
Operation of Commercial Vehicles as adopted /8 C.C.R. 1507-1) or as
same shal} be amended which incorporates the Code of Federal
Regulauons Title 49, P a rts 200 to 399 as revised as of October I 1998
or as same shall be amended.
& J. Part 2. section 236 (8) Child Restraint Systems (regarding fine) is deleted .
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& ~-Part 5, section 510(l)(b) Permits for Excess Size and Weight and for
Manufactured Homes is amended to read as follows :
(l)(b) The application for any permit shall specifically describe the
vehicles and load to be operated or moved and the particular
highways for which the permit to operate is requested, and
whether such permit is for a single trip , a special, or an
annual operation, and the time of such movement. All local
permits shall be issued at the discretion of the local authority
through its Traffic Engineer or designee .
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Manufactured Homes is amended to read as follows:
(9)(b) This Municipality with regard to a local permit may, through
its Traffic Engineer or designee . r evo ke. suspend, refuse to
renew , or refuse to issue any permit authorized by this
section upon a finding that the holder of the permit has
violated the provisions of this section, any ordinance or
resolution of this Municipality, or any standards or rules or
regulation promulgated pursuant to this section.
& l.Q . Part 5, section 511 Permit Standards is deleted.
~ l.l. Part A. section 604(l)(c)(I) Steady Red Indication is amended to read as
follows:
(I) Vehicular traffic facing a steady circular red signal alone shall
stop at a clearly marked stop line but, if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection and shall remain standing until
an indication to proceed is shown; except that:
(A) Such vehicular traffic, after coming to a stop and yielding
the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the
intersection, may make a right turn , unless state or loca l
road authorities within their respective jurisdictions have
prohibited any such right turn and have erected an official
sign at each intersection where such right turn is
prohibited;
(B) Such vehicular traffic, when proceeding on a one-way street
and after coming to a stop, may make a left turn onto a
one-way street upon which traffic is moving to the left of the
driver. Such turn shall be made only after yielding the right-
of-way to pedestrians and other traffic proceeding as
directed. No turn shall be made pursuant to this sub·
subparagraph (B) if local authorities have prohibited any
such left turn and erected a sign giving notice of any such
prohibition at each intersection where such left turn is
prohibited.
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W 12. Part 8 section 805(5) Pedestrians Walking or Traveling in a
Wheelchair on Highways is amended to read as follows :
(5) This Municipality may regulate the use by pedestrians of streets
and highways under its jurisdiction to the extent authorized
under subsection (6) of this section and sections 42-4-110 and
42-4-111, C .R.S ., but no regulation regarding such streets and
highways in a manner differing from this section shall be effective
until official signs or devices giving notice thereof have been
placed as required by section 42-4-111(2), C.R.S.
HU. Part 10, section 1010(3) Driving on Divided or Controlled Access
Highways (regarding limiting use) 1s amended by deleting the phrase
"by ordinance consistent with the provisions of section 43-2-135 (l )(g),
C.R.S .... ", in the first sentence.
H .U. Part 11, section 1101(2) Speed Limits is amended to add a n ew
subsection:
(i) Fifteen miles per hour in any alley.
H ,U. Part 11 , section 1102(5) Altering Speed Limits is amended to read:
(5) In its discretion, this Municipality may impose and enforce stop
sign regulations and speed limits, not inconsistent with the
provisions of sections 1101 to 1104 , upon any way which 1s
open to travel by motor vehicles and which is privately
maintained in mobile home parks, when appropriate s igns
giving notice of such enforcement are erected at the entrances to
such ways .
H 16. Section 1202 Parking or Abandonment of Vehicles the phrase "o utside
of a business or residential district ... " is deleted.
i1t 17. Part 12 , sections 1205(2) and (3) Parking at Curb or Edge of Roadway
are amended to read :
(2) Except as authorized by the Traffic Engineer or his/he r
designee , every vehicle stopped or parked upon a one-way
roadway shall be so stopped or parked parallel to the curb or
edge of the roadway in the direction of authorized traffic
movement, with its right-hand wheels within twelve inches of
the right-hand shoulder or with its left-hand wheels within
twelve inches of the left-hand shoulder or with its left-hand
wheels within twelve inches of the left-hand curb or as close as
practicable to the left edge of the left-hand s houlder.
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(3) The local authority may, through its Traffic Engineer or
designee, permit angle parking on 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 parking without interfering
with the free movement of traffic.
M ll!. Part 12, section 1208(3)(b) and (c) Parking Privileges for Persons with
Disabilities are amended to read :
(b) The owner of private property available for public use may
request the criteria and format information for offi cia l
handicapped parking signs from the City Traffic Enginee r
concerning the installation of official signs identifying parking
spaces reserved for use by persons with disabilities . Such a
request shall be a waiver of any obJection the owner may assert
concerning enforcement of this section by peace officer s of any
political subdivision of this State, and s uch officers are hereby
authorized and empowered to so enforce this section. provisio n s
of law to the contrary notwithstanding.
(c) Each parking space reserved for use by persons with
disabilities whether on public property or private property s hall
be marked with·an official upright sign, which sign shall be
stationary, identifying such parking space as reserved for use
by persons with disabilities .
H ~-Part 14 , section 1401(1) Reckless Driving-The last sentence, "A person
convicted of reckless driving of a bicycle or motorized bicycle shall not be
subject to the provisions of section 42-2-127 , C.R.S ." is deleted .
+8 ZQ. Part 14, section 1401(2) Reckless Driving-Penalty is deleted .
+9 ll. Part 14, section 1402(1) Careless Driving-The last sentence, "A pe rson
convicted of careless driving of a bicycle or motorized bicycle shall not be
subject to the provisions of section 42-2-127, C.R.S ." is deleted.
~ 2-_2 . Part 14, section 1402(2) Careless Driving-Penalty is deleted .
H ~-Part 14 , section 1409 Compulsory Insurance is amended to add the
following subsections:
(7) Upon conviction thereof, the defendant shall be punished by a
tine of not lesa than one hundred dollars ($100.00) nor more
than five hundred dollars ($500 .00), and , in addition. the court
may impose imprisonment for not more than one hundred
eighty (180) days. The fine imposed by this section shall be
mandatory, and the court shall not suspend said fine. in whole
or in part. unless it is established that appropriate insurance
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as required under sections 10-4-705 and l0·-1-716 , C.R.S. has
been obtained.
(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 less 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
(10) days nor more than one hundred eighty (180) days. The
fine imposed by this section shall be mandatory, and the court
shall not suspend said fine, in whole or in part, unless it is
established that appropriate insurance as required under
sections 10-4-705 and 10-4-716. C.R.S. has been obtained .
ff~-Part 14 , section 1412 Operation of Bicycles and Other Human-Powe red
Vehicles is amended to add the following subsections :
(12) The parent of any child or guardian of any ward shall not
authorize or knowingly permit any child or ward to violate a ny
of the provisions of this section.
(13) It is unlawful for any person to do any act forbidden or fail to
perform any act required in this article.
l!-3 ~. Part 17, section 1701(3) Traffic Offenses Classified-Schedule of Fines
(regarding fine schedules) is deleted .
i!-,4, ~. Part 17 . section 1709 Penalty Assessments is d eleted.
U ~. Part 17, section 1710 Failure to Pay Penalty is deleted .
~ 28. Part 17 , section 1716(1) Notice to Appear or Pay Fine-Failure to
Appear-Penalty is amended to read as follows:
(1) For the purposes of this code, tender by an arresting officer of
the summons shall constitute notice to the violator to appear in
court or at the Violations Bureau within the times and dates
specified on such summons .
~ 21). Part 17 , section 1717 Conviction-Attendance at Driver Improvement
School-The phrase "located and operating in the county of the
defendant's residence and ... " is deleted .
Section 2. The Englewood City Council hereby amends Title 11, Chapter 18,
Section l , of the Englewood Municipal Code , 1985 with the addition of the following
Subsection l. to the definitions as follows :
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11 -lB-l : TRAFFIC VIOL<\TION PROCEDURES :
A. Definitions : The following words, terms and phrases , when used in thi s
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 definitions contained in this
Section, this Section shall be controlling:
TRAFFIC OFFENSE: The following offenses as se t forth in this Chapter or
in article I of the Model Traffic Code as adopted and amended by the City :
cl · Section 235 MTC : Minimum Standards for Commercial Vehicles .
+ ~-Sec. 1903 MTC : Stopping for school buses .
i!-g. Secs. 1101 , 1102 , 1103 , 1104 l\lTC: Basic s pee d rules · including
decreasing of speed limits, altering of speed limits a nd elevated
structures s peed limits only where the speed alleged is greater
than 19 miles per hour over the post ed speed limit.
& 1· Sec. 1105 MTC : Spee d co ntest s/exrubit10n of speed .
+ ~-Sec. 1401 MTC : Reckless driving .
& §. Sec . 1402 MTC : Careless driving.
& f · Sec. 1409 MTC : Co mpulsory m s urance-pe n a lty, as a me nd ed by
11-1-18(2 1) E.M .C.
-r ~-Sec . 1413 MTC : Eluding or attempting to elude police office r .
& ~-Sec. 603(5) MTC : Obedience to Official Truck Traffi c Co ntrol
Devices .
Section 3 Safety Clauses The City Council her e by find s . 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 a nd welfar e. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 4 Seyerabj)jty If any clause, sentence, paragraph. or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
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Sectjon 5 Incon3j3tent Ordjnance3 All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 6 Effect of repeal or modjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish. alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal , which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings. and
prosecutions for the enforcement of the penalty, forfeiture. or liability, as well a s for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Sectjon 7 ~ The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
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 .
Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No . _, Series of 2000, on the 10th day of
November. 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 the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MEMBER GARRETT
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 adopted the recodification of the Englewood
Municipal Code 2000 with the passage of Ordinance No. 37 , Series 2000: and
WHEREAS , during a review of the recodification . certain errors and omissions we r e
found in the Code which were substantive in nature; and
WHEREAS, the passage of this Ordinance will clarify the wording in the exi sting
Code ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. The City Council of the City of Englewood , Colorado hereby amend s Title
l, Chapter 6(C), Section l , of the Englewood Municipal Code 2000. to read as follow s :
l-6C-l: General Responsibilities:
The Department of Community Development shall be responsible for the formulation ,
administration and implementation of all planning. environmental, housmg, health .
sanitation 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 Mtt8leP Comprehensive 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 .
Sectjon 2. The City Council of the City of Englewood , Colorado hereby amends Title
3 , Chapter 5, Sections 3, 4 and 5, of the Englewood Municipal Code 2000, to read as
follows:
3-5-3: RETIREMENT BENEFITS :
An, pehee e{fieer in ee.ered empl11,111ent u.ith the Cit, prier te .',pril. 8 , 1978, 11nd
nhe h11s 11tt11il'led the 11ge effifi, fi,e (66) ,e11re 11nd h11s tu.ent, (29) er 111sre ,ears sf
eredited se" iee .. ith the l!ingle,..1111d Pehee E)j ftsien, er 11 111e11111er "he h11s tu ent,
ii, e (26) , e11r!I er 11111re ef eredit ~ ith 811id l!ingle:. eed Peliee E)j ftsien, reg11rdless ef
11ge, sh11ll 11e eligiele te reeei, e II semee retirement pen11i11n 1111sed en the peliee
effieer's itn11l 1111se 1111, , 11lle u. ing t .. 11 11nd ene h111f pereent (2',«,94) fer e11eh ef the M!lt
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tnent, (28) ,e11re eheereliiteli sel'Yiee , plt1s ene pereent (1%) far e11eh 111illiti11n11l ,ear
ef 11eere!liteli sel'Yiee , t,e II m11.,imt1m efs~t, Ii, e pereent (66%). C11lettl11ting the e~se
pa, means the 11,er11ge s11l11r, reeei,e!l 11s II memeer ef s11i!I E>ep11rtment far ene ,ear
eefere granting 811ili peneien. Pensien pa, ments shall ee m11!1e in e111111l menthl,
installments te the memeer.
Retirement benefits and qualifications for those benefit s shall be provided in a
separate plan which shall be adopted by ordinance.
3 6 I. l.E/)f,tJNG Sl!iiRv:JGl!ii PRl9R T9 l!iil.lG1Bll.lTY.
Sh11t1l!l 11n, p111iee 111lieer in e11,eie!I e111pl11,ment nith the Cit, pri11r te .'.prtt 8 , 19i8.
nh11 le11,e11 the ael'Yiee 11fthe CitJ prier te eee111111ng eligiele te reeei,e II peneien, fer an,
re1188n 11ther th1111 !le11th , 1111!1 l!lli!l 111e111eer has Iese than fi,e (6) ,ears efere!liteli
sel'Yiee 11t terminati11n , he eh11U ee ent1tle!I t11 11 refund ef hie t11t11l e11ntr1et1t111n .. ith11t1t
interest, er if 1111i!l 111e111eer haa Ii, e (6) 11r mere _. ears ef ere!lite!I set .iee at ter11un111i11n .
e11i!I ellieer ma, eleet either.
-Ir. Te 1eee11e !leferre!l 11111nttH, eenefite pa,aele eeginning at 11ge AA, fi,e (66)
e1111e!I t1p11n the 111e111l,er 's fin11l l,11se pa,, ,tile 11ng t .. 11 11nli ene half pereent
fl!t/,9') fer e11eh efthe MIit t .. entJ (29) , e11r11 ef 11eere!liteli sel'Yiee plt1s ene
pereent (19') fer e11eh 11!1mti11n11l ,e11r 11f11eere!lite!l s el"\iee t1111 m11 .1i111t111111f
eixt, the pe reent (669,) ef l,1111e pa, , er
8,-Reeei, e II refltft!I ef MIi t.etel e11ntriht1ti11n11 "1th interest, if 11n,. thereen . 11s 11111,
l,e !leterminell I,, the B11ar!l 11f Tr1111tee11 ef e111!1 Fttn!I .
3-6-4 ~: POLICE PENSION FUND :
In lieu of the provisions of Title 3 1. Article 30 , Section 312. C.R.S .. 1973 , the Boa rd
of Trustees of the Policemen's Pens ion Fund ofthis Municipality shall be governed
by the following provisions:
The Board of Trustees of the Policemen's Pension Fund in this Municipality s ha ll
have power to draw on such Pension Fund, from the treasurer of the Policemen's
Pension Fund, and may invest the same , or any part thereof. in the name of the
Board of Trustees of the Policemen's Pension Fund, in any secunty, bond. debenture,
corporate obligation. stock. preferred or common. securities of any open-end or closed-
end management-type investment company or investment trust and participations
in common trust funds. to the extent that s uch investments would be authorized
investments by fiduciarie s within this State as se t forth in Title 15 , Article 1, Part 3,
C.R.S ., 1973 . or any subsequent amendment thereto, proV1ding that said Board
s hall at all times hold fixed income obligations having a book value or cost of not less
than sixty percent (60%) of the total contributions made to said Policemen's Pension
Fund, less the amounts paid out. All securities invested shall be deposited with the
Treasurer of the City, as ex officio treasurer of the Board of Trustees of the
Policemen's Pension Fund, and subject to the order of said Board .
Sectjon 3. The City Council of the City of Englewood , Colorado hereby amends Title
3, Chapter 6 , Section I. Subsections 3, 4 and 5, of the Englewood Murucipal Code
2000 . to read as follows :
3-6-1-3: RETIREMENT BENEFITS:
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Aft, flt'dir;hter ~ he has 11tt11ifteil the 11r;e ef oo, (69) , ears llftil h11s t1'i eft~ (29) er
mere , e11r11 ef ereiliteil sepo, iee sh11H l,e eltgiele t8 reeei, e a sePYiee retwement pensien
e1111eil 6ft the emple, ee's fift11i eHe pa,, a He ii iftr; t .. e anil ene hal:f pereeftt (2~
e11eh efthe h!'!lt t"eft~ (29) 3e11n efereiliteil sePYiee, phts ene pereent (1%) far eaeh
11ililiti11ft11) 3e11r efereiliteil 11ePYiee . te II lllll!IHll'IH!I efsix~ fi,e pereeftt (66%).
C11lettl11tiftg the e11ee pa) me11n11 the 11m11ttftt ef hialher menthl, s11lar, 11s ef the !late
ef hialher retirement. Peft11ieft pll) mente 11h11ll l,e m11ile ift e11ttal menthl)
ift11t11Hmente t8 the memeer.
Retirement benefits and qualifications for those benefits shall be provided in a
separate plan which shaU be adopted by ordinance.
3-64-4-: bEA\tlNG SER.\tlCE PRIOR. TO EblGIBlblTY.
Shettlil 11ft) plan memeer hit-ell prier te April 8. 19i8. le11, e the sep,, iee ef the Cit)
prier te eeeemiftg elir;il,le te reeei, e a peftsien pa) 11ele ftoe111 the Flt'e6r;hters ' Pensien
Fttftil, far 11n_. 1 easeft ether th11ft lie 11th. 11ftil s11iil memeei h11s less than fi, e (s ) ., eHrs
ef ereiliteil sePYiee at termift11tien, s11iil firefighter sh111l l,e entitle ii te a refttnil ef
his.ll,er 11eettmttl11teil eentrietttieft te the Eftgle .. 8611 Firefighter~· Pensieft Fttftil . The
tel"lll 11eettmttl11teil eentrietttieft!! sh11H me11n the SlH!I ef sll1il firettghters ' eentrietttien
te the FwefightePII' Pen11ieft Fttftil tegether ii ith intere!!t, 1f llnJ . thereen. !I!! 11111, ee
iletermineil h3 the Fwefir;hters' Peft!!ieft Be11ril.
If !!11iil firefighter has fi, e (al er mere ) ear!! ef ereiliteil sePYiee !It termH1ftt1en . the
firefighter 11111, eleet either.
A, E>eferreil meftthi) heftefit pll) ftele eegiftrting 11t ftge fift) (&9) h11seil ttpen the
memeer's fift11l BHe p11,, 11lle .. i11r; t .. e 11nil ene h11Ifpereent (2'/0%) far eaeh ef
the first t .. eft~ (29) 3e11rs efereiliteil sePYiee pltts ene pereeftt (1%) far eaeh
11ililitieftal , e11r kl II maximttm ef SHtt) fi, e pereeftt (66%) ef eftse pll), er
Be Reeei,e II refttnil efhis.ll,er aeelH!lttlateil eefttrietttieft!! !ls set ettt 111,e,e .
3-6-W ~: VOLUNTEER FIREFIGHTERS PENSION FUND:
A . There is hereby created a special fund to be known as the Volunteer
Firefighters Pension Fund for the purpos e of paying statutory be n e fits to
volunteer firefighters under conditions as provided by Title 3 1. Article 30 . P a rt
4 , C.R.S .. 1973.
B. Benefits for all volunteer firefighters retired before December 31 , 1974 , shall be
expended from funds received from the State in the annual allotment provided
in Title 31 , Article 30, Part 4, C .R.S ., 1973.
C . Beginning January 1. 1975, the City shall make contributions to the Volunteer
Firefighters Pension Fund as determined necessary to annually fund the
pension benefit accumulations of the volunteers. The contribution s hall be
based on an actuarial study to be done at least every three (3 ) years. Pension
benefits to volunteers retiring after January 1, 1975, will be paid from these
contributions.
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Section 4. The City Council of the City of Englewood. Colorado hereby amends Title
7, Chapter 7, Section 6(C). of the Englewood Municipal Code 2000, to read as follows :
7-7-6(C): Upon filing the approval plat designating the necessary fire lanes and
widths thereon with the City, as provided herein. the City Manager or ftffl
designee shall forthwith deliver a copy of the same to the owner,
operator, tenant or lessee in possession of said private property with
written notice , and order to proceed to make and post said fire Janes in
conformance with the manual and Specifications of the State Department
of Highways . Withm forty-five (45) days after notice , or such additional
time as not to exceed forth-five {45) additional days, the owner, operator,
tenant or Jessee in possession shall complete the necessary marking a nd
signing as required herein.
Section 5. The City Council of the City of Englewood , Colorado hereby a mends Title
8 , Chapter 3(B), Section 2, of the Englewood Municipal Code 2000, to read as foll ow :
8-38-2: Colorado State Department of Health Swimming Pool Regulations
and Standards Adopted.
There is hereby adopted, by reference thereto. the Colorado State De partment of
Health Swimming Pool Regulations and Standards and Appendix , dated Se ptembe r
30, 1993 , published by the Colorado State Department of Health , Di visio n of
Engineering and Sanitation, 4210 East l1 1h Avenue , Denver, Colorado 80220 , with
the same force and effect as if the same were fully set forth herein. N6t le1111 th11,i tftf'et'
E3j eepies One (1) copy of the above described Code shall be certified to be ~ true
~ ~ of said Code by the Mayor and the Clerk and filed in the office of the Cle rk
at least fifteen (15) days prior to public hearing and subject to public inspection at all
times while said Code is in full force and effect. The Clerk sh111l m11i,it11il'I l!t !!II timed
re811e,ial,le eepies ef the Cetie et. 11i:111hle fer pt1reh1111e h) the ptthlie 11t re1111e,i11l,le p11 ee .
The Clerk shall maintain a copy of the St111'1til!rti11 Co de available for inspection d unn g
r egular business hours.
Section 6. The City Council of the City of Engle wo od , Colorado he r eby ame nd s Title
8 , Chapter 5 , Section 9 , of the Englewood Municipal Code 2000 , to re ad as follow s:
8-5-9 : Time of Movement. The time of movement of a s tructure s hall be approved
by the City, and if the structure is to be moved over a State highway, or ther6ttgh
through another jurisdiction, the time of such move shall be coordinated with the State
and/or the affected jurisdiction. The structure moving permit shall become null and
void unless the move is completed within the s pecified time approved on the permit:
provided, however, that the City may extend the time period of the move for forty-eight
(48) hours after consulting with the appropriate agencies when the original time for the
move is rendered impractical due to inclement weather, strikes or other causes beyond
the control of the structure mover.
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Sectjon 7 . The City Council of the City of Englewood, Colorado hereby amends T itle
8, Chapter 5, Section 13, of the Englewood Municipal Code 2000, to read as follows :
8-5-13: Transport Permit Operating Requirements and Restrictions.
The City Manager or designee may impose any requirements or restrictions on the
structure mover~~ 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 requirements and restrictions shall be borne by the structure move r.
Sectjon 8. The City Council of the City of Englewood, Colorado hereby amends Title
11 , Chapter 3C, Section 3(8), of the Englewood Municipal Code 2000, to read as
follows :
11-3C-3(B): Applicant may file with the .cm, written 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 s uch
permit issued. A two-dollar ($2.00) billing fee shall be charged for each individual
statement requested .
All fees shall be doubled for starting work without a permit.
Sectjon 9. The City Council of the City of Englewood, Colorado hereby amends Title
16, Chapter 2, Section l(A), of the Englewood Municipal Code 2000, to read as follow s:
16-2-l(A): Enforcement.
A. Stop Orders. Whenever the use of property or the construction of any building or
structure is contrary to the provisions of this Ordinance, the City Manager or fttlt
designee may order the use of the property or the construction to be stopped by
serving notice in writing on any person, firm or corporation engaged in using said
property or in doing or causing such work to be done , or by posting such notice in
a conspicuous place on said property when no such person. firm or corporation
can be served in the aforesaid manner. No oversight or dereliction or error on the
part of the City Manager or ftitt-designee shall legalize. authorize , or excuse the
violation of any of the provisions of this Ordinance.
Sectjon 10. The City Council of the City of Englewood , Colorado hereby 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): Assessment. If the full amount of the statement relating to sign
removal for realty is not paid within sixty (60) days. the City Manager shall direct the
1h.!ll an assessment ef be made of the entire amount of the statement plus an
additional 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 sign removal, and a notice that the City claims 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.
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Sectjon 11. The City Council of the 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 :
16-5-18(A)-4: All comments and recommendations shall be presented to the Qty for
review and decision as per subsections B and C herein.
Sectjon 12 . Safety CJauses The City Council. hereby find s, determines. and
declares that this 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 is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legi slative
object sought to be obtained.
Section 13 . SeverabjJjty If any clause, sentence. paragraph . or part of t hi s
Ordinance or the application thereof to any person or circumstances s h a ll for a n y
reason be adjudged by a court of competent jurisdiction invalid, s uch judgment shall
not affect impair or invalidate the remainder of this Ordinance or its app li ca tion to
other persons or circumstances.
Sectjon 14 Jnconsjstent Ordjnances All other Ordina nce s or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Sectjon 15 . Effect of repeal or modjficatjon 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, forfeiture, or
liability, either civil or criminal. which shall have been incurred under such provis ion,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions. s uits. 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 b e
rendered, entered, or made in s uch actions, suits. proceedings, or prosecutions.
Sectjon 15. &na.Ju . The Penalty Provision ofE.'.\1.C . Section 1-4-1 s hall apply to
each and every violation of this Ordinance.
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.
Read by title and passed on final reading on the 6th day of November , 2000 .
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Published by title as Ordinance No . ~ Series of 2000, on the 10th day of
November, 2000.
Thomas J. Bums, Mayor
A'M'EST:
Loucriahia 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 the Ordinance passed on final reading
and published by title as Ordinance No. _, Series of 2000.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 80
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH SOUTH METRO FIRE RESCUE ENTITLED "MUTUAL AID/AUTOMATIC AID
AGREEMENT (FIRE) 2000" FOR MUTUAUAUTOMATIC AID FOR FIRE
PROTECTION FROM BOTH Etl.'TITIES .
WHEREAS, assistance from other fire protection agencies provides a higher level of
protection for the City of Englewood and South Metro Fire Rescue; and
WHEREAS, the passage of this Ordinance will authorize entering into an
intergovernmental agreement with South Metro Fire Rescue which will provide for
mutual/automatic aid for fire protection for Englewood and South Metro ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjpn I. The "Mutual Aid/Automatic Aid Agreement (Fire) 2000" attached hereto
as "Attachment l." is hereby accepted and approved by the Englewood City Council.
Sectjon 2. The Mayor and the Director of Safety Services are authorized to execute
and the City Clerk to attest and seal the "Mutual Aid/Automatic Aid Agreement (Fire)
2000" for and on behalf of the City of Englewood , Colorado.
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 .
Read by title and passed on final reading on the 6th day of November, 2000 .
Published by title as Ordinance No . _, Series of 2000 , on the 10th day of
November, 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellia, 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 the Ordinance passed on final reading
and published by title as Ordinance No. ~ Series of 2000.
Loucrishia A. Ellis
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MUTUAL AID I AUTOMATIC AID AGREEMENT (FIRE) 2000
THIS AGREEl\lE:s/T. made by and between the CITY OF ENGLEWOOD.
COLORADO , a municipal co rporation. hereinafter called ''Englewood'', and SOUTH
METRO FIRE RESCUE . hereinafter called "South Yletro".
WITNESSETH
WHEREAS , Englewood 1s a municipal corp oration organized and existmg
pursuant to Article XX of the Colorado Constitution. its Charter. its Ordinances; its
territorial jurisdiction generally is the legal boundaries of the City of Englewood.
Colorado, and
WHEREAS . South :\iletro is a fire protection district organized and e:usting
under Part 3. Chapter 32 . of 1973 C.R.S .; and
WHEREAS , each of the parties hereto maintain e mergency equipment; and
WHEREAS. emergencies may arise in one or the other of the jurisdictions of
the parties. resulting m greater demands than the ma np ower and eqwpment of the
party can handle ; or elllergencies of such intensity may occur that they cannot b e
handled solely by the equip ment of the party in whose jurisdiction the emergency
occurs; and
WHEREAS , it is to the interest of each of the parties that they may have
service of and from the other party to aid and assist them in the purpose of fightmg
fires or respondin g to oth er emergencies;
NOW, THEREFORE. IT IS MUTUALLY AGREED by and between the
parties as follows ;
I. MUTUAL AID:
l. F o r and in co nsideration of the promises of South Metro. hereinafter
set forth. Englewood agrees with South ~l etro that in the event there
are emergencies in the temtory sen·ed by South Metro wluch are
beyo nd the co ntrol of the fire departm ent of South Metro. whether
be cause of use of their equipment at othe r places or because of the
inte nsity of the emergency , or otherwise. Englewood agrees, subject to
the limitation hereinafter set forth , to aid a nd assist South Metro by
causing and permitting its fire department and its equipment to be
used in responding to emergencies in the territorial area of South
Me tro , and the need for such aid and assista nce shall be determined
by the fae department of South Metro. subject, however, to the
following limitations;
E nglewood ahall be excused from making its equipment and services
available to South Metro in the event of the need of the emergency
equipment and the manpower witlun the territorial area of
Engle wood, or therr pnor use at any place, which decision of
ava1lab1hty shall be made by the fu-e dl\'ls1on of Englewood , and
which decision shall be conclusive .
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2 . F or and in co nsideration of the promises of Englewood, hereinafter
set forth. South Metro agrees with Englew ood that in the event there
are fire s or other emergencies in the territory served by Englewood
which are beyond the control of the fire division of Englewood.
whether because of use of their equipment at other places or because
of the intensity of the emergency, or otherwise, South Metro agrees.
subject to the limitations hereinafter set forth. to aid and assist
Englewood by causing and permitting South Metro equipment to be
used 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
following limitation:
So uth 1Vletro shall be excused from m a king its equipment or service
available to Englewood in the event of t he need of the emergency
equipment or need of the manpower wi t hin the terntorial area of
S outh :Vl etr o. or thei r prior use at any place. which dec ision of
availability shall be made by the fir e department of South :Vletro .
and which de cision shall be conclusive .
3 . E ach party waives all cl aims and causes of action agains t the other
p arty fo r com pensat10 n . damages. pe r sonal mJury or death occurnng
a a conse quence , direct or indirect. of the performance of this
Agreement.
4 . E ach pa r ty shall be e xpected to maintai n it s e quipment and organize
it emerge ncy respo nse method . with both manpower and
equipment, to the degree necessary t o cope with the ordinary and
r outine eme rgencies arising w1tlun its boundaries and for which the
party is organized. !\either party s h all expect the other to respond to
emer gency ca lls where the emergency arises due to a failure to
organize available manpower or m aintam equipment in proper
workin g order and in sufficient quantity to meet the respective
d e mands of the persons and property within each of the parties·
respective Jurisdictions .
II. AUTOMATIC AID .
l. It is u nde rstood and agreed that En gle wood Fire Division will
r espond fr om Station #21 and/or Station #23 into South Metro Fire
Rescue·s district as part of the initial response through automatic
di spatching by South '.\1etro dispatchers into the below defined areas.
DEFI ~ED AREA-SOl.iTH METRO : ge nerally bounded by Clarkson
Street on the We st. University Boule,·ard on the East, East
Hampd e n Avenue on the North (including the Cherry Hills Heights
subdivi,ion), and South Sherman Street (5400 block South) on the
South . Additionally . for fire alarm s in A and E occupancies only,
co verage will also exte nd to an area generally bounded by L'ruversity
Boul eva r d on the West , East Ha mpd e n Avenue on the ::O.Jorth .
Colorado Boulevard on the East. and Qurncy Street on the South (to
include Kent Co untry 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 Belleview Avenue .
SEE EXHIBIT "B"
Ill. OTHER PROVISIONS:
l. Either party hereto may terminate this contract without cause upon
thirty (3 0) days prior written notice to the other.
2 .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
this __ day of 2000.
SOUTH METRO FIRE RES CUE
By :--------------
President Fire District Board
By : -----------
Chief, Fire Dep a rt ment
ATTEST :
By : -----------
CITY OF ENGLEWOOD
By: __________ _
Thomas J . Burns, Mayor
By : __________ _
Chris Olson
Dir ector Safety Services
By : __________ _
Loucrishia A. Ellis
City Clerk
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Olll>INANCE NO._
SERIES OF 2000
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BY AUTHORITY
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COUNCIL BILL NO . 81
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 2, SUBSECTION 9 .
OF THE ENGLEWOOD MUNICIPAL CODE 2000 , REGARDING OATHS .
WHEREAS, the Englewood Municipal Code does not have an express provision
which specifically addresses the Englewood City Clerk's authority to administer oaths:
and
WHEREAS, the passage of this Ordinance will clarify the Englewood City Cl erk's
power to administer oaths at Englewood City Council Meetings;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood , Colorado 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 follows :
l-§-2-9(D}; Oaths and Affirmations at Public Heari,i,s Before Couricil.
The City Clerk and Deputy City Clerks shall have the power to administer oaths and
affirmations to persons giving testimony before City Council 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 .
Read by title and passed on final reading on the 6th day of November, 2000 .
Published by title as Ordinance No . ~ Series of 2000 , on the 10th day of
November, 2000 .
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
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I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and publiahed by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2000
COUNCIL BILL NO. 82
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
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 Lifestyle Centers-Littleton L.L.C . plans to develop
the real estate parcel in an area bisected by the City Ditch; and
WHEREAS, POAG and McEwen Lifestyle Centers-Littleton has proposed an
exchange of real estate to allow the relocation of the City Ditch as a part of the
planned development; and
WHEREAS. POAG and McEwen Lifestyle Centers-Littleton will pipe the City Ditch
through this area at its own cost; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the
real estate exchange at the October 10, 2000 meeting;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. 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 .
Sectjon 2. The Mayor and City Clerk 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, and passed on fir st reading on the 16'" day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Read by title and passed on final reading on the 6th day of November, 2000.
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Published by title as Ordi nance No .~ Serie s of 2000, on the 10th day of
November, 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 ce r tify
that the above and foregoing is a true copy of the Ordinance passed on fin a l r e ading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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PROPERTY EXCHA~GE AGREEME~T
This Property Exchange Agreement [the "Agreement""] is entered into this _ day of
____ . 2000 by and between the City of Englewood. Colorado, a municipal corporation of the
State of Colorado [ .. Englewood"], and Poag & McEwen Lifestyle Centers --Linleton. LLC. a
Delaware limited liability company, its successors and assigns ['·P&M .. ].
WHEREAS. P&:Vl and Ne\\110n Trust have entered into that certain Agreement to Buy and
Sell Real Estate dated November 17, 1999, as amended by that certain Amendment to . .\greement
to Buy and Sell Real Estate dated July 25 , 2000 [hereinafter the ·'Purchase Contracf"), for the
purpose of buying and selling certain real property located in Arapahoe Count;: Colorad o . w-hich
property is legally described on Exhibit A anached hereto and made a part here of [the .. P&\I
Property"']; and
WHEREAS. Pursuant to City Ditch Agreement dated February 6. 1970 and rec orded in
Book ~o. 1864, Page 520 in the Recorder·s Office of..\rapahoe County. Colo rad o. and Quitclaim
Deed dated March 24. 1970 and recorded in Book ~o . 18 6-4 . Page 51 7. in the Recorder ·s Office of
Arapahoe County. Colorado, Englewood was granted a right-o f-way easement to own . operate an d
maintain a carrier ditch , which carrier ditch is currently located o n a port ion o f the P&\l Property
as depicted on Exhibit 8 anached hereto and made a pan here of [the ·'Englewood Ci~· Ditch R.ight-
of-Way'']; and
WHEREAS. The parties desire to rel ocate the Englewoo d City Ditch Right-o f-Way to a n
area ofland legally described and depicted on Exhibit C anached hereto and made a part hereof [the
.. Re-Located Englewood City Ditch Right-of-Way"}
~OW, THEREFORE, In c on siderat io n o f the prem is es and the mutual covenant s of the
part ies . more particularly hereinafter set forth. the adequac y and sufficienc y of which are hereby
ackn o wledged it is agreed as follows :
1. Propertv Exchange. In order to accommodate the proposed relocation o f the
En gl ewood City Ditch Right-of-Way. P&:Vt will convey by Quitclaim Deed to Englewo od a fee
simple determinable right-of-way estate with the possibility of reverter in and to the real property
le gall y described and depicted on Exhibit C , for the purpose of owning. operating and maintaining
an underground carrier ditch, which fee interest is further depicted as "Re-Located Englewood C ity
Ditch Ri2ht-of-Wav " on said Exhibit C. Said Quitclaim deed will be in the form anached hereto as
Exhibit D-1. Further, in exchange , Englewood will convey by Quitclaim Deed to P&M , all o f its
right. title and interest in and to the real property legally described and depicted on Exhibit 8 . Said
Quitclaim deed will be in the form anached hereto as Exhibit D-2 . P&M and Englewood each will
execute and deliver to the other said Quitclaim Deeds no later than March 31, 2001.
2. Assignment. Licensee may assign all of its rights and obligations pursuant to thi s
License to any entity which acquires title to the P&M Property. The foregoing notwithstanding , this
License is assignable only with the written permission of the Licensor, which permission will not
be unreasonably withheld, conditioned or delayed .
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Property Exchanie, F.u.'lement Wld License Agreement
City ofEn~lewood. l'oog & McEwen Lifostyle Centers·· Littleton, LLC
October 11, 2000
Page 2 of2
3 . Counterpart. This Agreement may he executed in two (2) or more counterpans, each
of which taken together, shall constitute one and the same document.
IN WJTNF.SS WHEREOF, this Agreement has been executed as of the day and year first
above written .
ENGLF.WOOD:
ArrEST:
Ry: ____ _
Secretary
CITY OF F.NGLEWOOD
Acting through and by its
Water and Sewer Board
By: __ _
Chai~
.t'&M :
City of Englewood, a municipal corporatitin
of the State of Colorado
By:
Title: ____________ _
APPROVED :
Stewart Fonda
Oircctor of Utilities
Poag & McEwen Lifestyle Centers
Littleton, LLC
By : ~A4 J ,f) 4tr=
Title: 5 f' C re tz?r y ·--
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EXHIBIT A -
EXHIBIT B -
EXHIBITC-
EXHIBIT D-1 -
EXHIBIT D-2 -
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EXHIBIT LIST
Legal Description of P&M Property
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Legal Description of current Englewood City Ditch Right-of-Way
Legal Description of Re-Located Englewood City Ditch Right-of-\vay
Quitclaim Deed from Poag & McEwen Lifestyle Centers --Littleton. LLC
to City of Englewood conveying a fee simple determinable estate with a
possibility of reverter for the property described in Exhibit C.
Quitclaim Deed from City of Englewood to Poag & McEwen Lifestyle
Centers -Littleton, LLC conveying a fee simple estate for the property
described in Exhibit B .
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LEGAL DESCRIPTION TO P&M PROPERTY
PROPERTY DESCRIPTION:
A PARCEL OF LA ND LOCATED IN THE SOUTH HALF OF SECTION 29. TOWNSHIP 5 SO TH ,
RANGE 68 \VEST OF THE 6TH PRINCIPAL MERIDIAN: COUNTY OF ARAPAHOE. STATE OF
COLORADO: BEI"NG MORE PARTICCLARL Y DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS:
THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TO\VNSHIP 5 SOUTH. RANGE
68 WE T OF THE /iT H PRINCIPAL MERIDIAJ'\I , BEING ASSUMED TO BEARS 00°08°23'° W.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTIO, 29: THENCE S 00°08 '23" W , ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER
OF SECTION 29, A DISTANCE OF 71.66 FEET TO THE POINT OF BEGINNING :
THE , CE S 00°08°2 3" W. CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST QUA RTER
OF SECTIO 29. A DISTANCE OF 352 .0 FEET;
THENCE S 89°51°3T E. A DISTANCE OF 711.13 FEET TO A POINT ON THE WESTERLY
BO L'NDA RY OF THE SOUTH SANTA FE DRIVE RIGHT OF W . .\ Y:
THENCE ALONG SAID WESTERLY BOU1'iDA RY OF THE SO TH SANTA FE DRIVE RI GHT OF
WAY THE FOLLOWING SEVEN (7) COURSES :
I . S 0 7°2 ·21 ·· W. A DISTANCE OF 5-t 16 FEET:
2 . s 10°22'08 .. w. A DISTANCE O F 100 .36 FEET;
3. S 0 7°28'4-t" W, A DISTA NCE OF 236 .36 FEET:
4. ALONG THE ARC OF A NON-TANGENT CU RVE TO THE RIGHT HA YING ACENTRALA:s;GLE
OF 08 °38°45". A RADI US OF 5634 .58 FEET. AND AN ARC LENGTH OF 850 .25 FEET. TI-lE
CHORD OF WHlCH BEARS S 11 °48'35., W, A DISTANCE OF 849A4 FEET ;
5 . S 45 °05'43°' E. A DISTANCE OF 39 .17 FEET;
6 . S 19°53"40" W, A DISTANCE OF 546 .82 FEET;
7. s 32 °59' I 5"W. A DISTANCE OF 85 .1 8 FEET:
THENCE N 69°02'19" W. A DISTANCE OF 628 .92 FEET:
THENCE S 20 °5 . 36"W, A DISTANCE OF I 71.29 FEET:
THENCE N 69°02 '24" W, A DISTANCE OF 32.50 FEET:
THENCE N 20°Si'35" E. A DI STA CE OF 43.96 FEET;
THENCE ALO 'G THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAYING A CE:--TRAL
A GLE OF 14 °4 -· 1 I". A RADIUS OF 500.00 FEET, AND AN ARC LENGTH OF 128 . 75 FEET : THE
CORD OF WHJ H BEARS N 13 °33·sr E, A DIST A CE OF 128.39 FEET ;
THENCE ; 69 °02' I 9" W, A DISTANCE OF 4:22.43 FEET;
THEN CE NO I 0 2 '15" E, A DISTANCE OF 230 .69 FEET;
THE1': EN 07 °01 '58 " E, A DISTANCE OF 321.13 FEET ;
THE CE N 61 °12· 11 --E. A DISTANCE OF 8 7.12 FEET;
THENCE N 28 °4 ·49--W, A DISTA CE OF 100 .00 FEET:
THE , CE ALO 'G THE ARC OF A CURVE TO THE LEFT HA YING A CENTRAL A GLE OF
01 °52·59··. A RADI US OF 400 .00 FEET. AND AN ARC LENGTH OF 55.03 FEET;
THENCE N 00°30 .33'' W. A DISTANCE OF 754 .10 FEET:
THENCE I 45 ° I 8°50" E, A DISTANCE OF 445.64 FEET:
THENCE 89°51 ·3 .. E. A DISTA . CE OF 397.94 FEET TO THE POINT OF BEGINNING .
CONTAINING 53.39 ACRES, MORE OR LESS.
EXHIBIT A to PROPERTY EXCHANGE AGREEMENT
PAGE I of I
F WP 70CX:S ~000\Rl cst..A G·Gc ncral P&M ,a\G-IOt :OO-PropcrtyE'<chani;cA~rm1lEx.h1b 1tA1 P&M) wpd
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Data: 9/26/00
BF.LL SURVEYING COMPANY
500 KJII.AMATI t ST. • DENVER, CO . II0?.04
( 303) 629-0185 FAX 623-7709
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D,.,..lng No.
0009101 0 U
SHEET 1 OF 2
A sn• Df L»II> tYINO It 1l1E EAST 1 /2 Df SEC110N Z9, 1t1WNSHP 5 SOUTH, RANGE ill WEST Df
1ME am p JI., COUNlY 0/F Nlll'NU. STA1E Of CQ..OIW)O, TIE CENfflllllE THEREOF BEING MORE
pARTlOUIII. Y OESClffllED AS RJUDW$:
llaGINNIIG AT A POINT ON M NOl'1ll L.IIE Df nE WIIEIIM. Rl1> PMK-N-RIDE. WHENCE 11-tE CENTEll Df SAtO SEC1ION 211 BEARS N 04'23'59" W A DISTNICE Df 2223.24 FEET: lliENCE N :zx45•54• E A
DISTANCE OF 57.47 FET OT A POINT Df TANGENT CUIM: 1HENC£ M.ONC nlE ARC OF ~D cUAIIE TO nE LEl'T HAYING A RMlllJ5 OF 1000.00 FEET, A CEJfflW. ANGl£ OF 02"54'29", A OISTNICE Of 50.75
fEEl; 1ltEMCE N 1"51'25" EA DISTANCE Of' 22.M Fm TO A POtNf Of TNICENT CURVE; 'IIOCE ALONG THE ARC OF SMl CURVE TO b1E RIGHI' HIMMG A RM)tllS Df 250.DO FEET, A CENTM-NIGLE OF
09'4$19", A OISl'ANCE 0/F 42.42 FEET: lliENCE N 21'"34'44" E A DISTANCE OF 118.51 FEET TO A POIIIT
Df T#IOENT CURVE: ntENCE M.oNG nE MC Of SM> CIJNE TO nE RIGHT HAI/ING A RADIUS OF 100 .00
fEET, A C[NTRAL AHGlE Df l)IS'20'117", A OISTNU Df 11 ,OIi FEET; 1MENCE N 35"54'51° E A DISTANCE
Of 118.51 Fm 10 A POINT OF THIGENT CURVE: THENCE AL.ONO nE ARC Df SM> CURVE TO TliE RIGHT
IWIING A IWllJS Of 500.00 FEET. A C[N11W. NIGL£ Of Otl'50'4!i", A DISTANCE OF 59.74 FEET; TIIE NC:E
N 42"4!1'36" E A OISJANCE OF 19.Jl Fm TO A l'mlT OF TAHGENI' CURVE: THENCE AL.ONC THE AR C Of SAID CIJNE 10 THE LEFT HAYING A IWllJS Df 11111,1111 FEET. A CENTM-ANGI.E Of 08"2T15", A DtSTAIU
Df 14 .78 FEET: THENCE N 34'18'21" E A DISTANCE Df l!l.18 f££T TO A POINT (JF TANGENT CURVE : THENCE M.DNG 1HE MC Df SMI CURIIE TO ff IIICiHT HAWIO A IWlllJS OF 57.87 FU:T, A CENTRAL
NO.£ OF 1r341"27". A OISl'NU OF 1UIO FEET TO A POINT Of R£',/EllSE ~ lHENCE Al.ONG THE
r:o3~~4310nit~r~~ r~~~it~TO~ ~6f~
ON ff WESl[lll.Y AD«--WAY LINE OF U.S. HICiHWIAY NO-B!L
*'11£ llESCl9D PIIIICf1. IIElNG 25 FEET N WIJffl. :t12.5 FE1' ON DCll SIDE Df CENTERIJNE.
FOR ff P\JIPO!ES OF 1IIS DESl(M110N. nE M95 r1I' ~ IS TI£ N-S c:onEJU1E OF SAID
SECTION 29 BEING N 00'08'23" E.
EXH'IBIT B TO
PR OPERTY EXCH~NGE ~GREEMENT
P~GE l of 2
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Dote : 9/26/00
BELL SURVEYING COMPANY Drawing No.
0009 10100 5u0 I..Al.AMAnt SL • Uk:.NVl:R , CO . 8UW4
( 3U3 ) b .l9 -0165 ~AX 6:.tJ-7/09
Oro,..., 'Y OAOO EVANS • '5SOCOTES a=, SI IEET 2 OF 2
~ CDITtR SECTION 29 I T. 5 s . R. 68 w.
jl 61li P.Y.
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15:il! ja Iii ! ., t;
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CDITE1UIE "' DtlfflllQ
CITY DITCH
~ ' ' BfOINNNG / •rz, ,.,~
~'"' .... ,_.,
NOT TO SCAl.E
EXHJBIT B TO
PR OP ERTY EX CIIA'N GE AGREEME NT
PAGE 2 of 2
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Dole : 9/26/00
Revised: 10/ l l /00
BELL SURVEYING COMPANY Drawin g No.
0009 10 1P 500 KALAMATH ST . • DENVER, CO . 80204
( 303 } 629-0165 FAX 623-7709 "''"" ,,, "'"" ''"'" . "'"''"'" tt,
A STRIP Of !ANO 15 .00 f([T ON THE WESTERLY SIOE ANO 10.00
f[[T OH Tli( EASlERLY SIOE or A PlP[UH( OV[R A PORTION
Of lHE EAST 1/2 or SECIION 29. TOWHSfttP 5 SOUTtt, RANGE
68 WEST or THE 6TH P.M, COUNTY OF ARAPAHOE , STATE Of
COLORAllO, SAID PIPELINE BEING MORE PARTICULARLY OESCRIB(D
AS rouows :
BEGINNING AT A POINT ON THE HORTH UH[ OF TitE MINERAL
RID PARK-N-RIOE, WHENCE TH[ CENTER OF SAID SECTION 29
BEARS N 04'24 '10" W A DISTANCE OF 2223.30 rEET: lll(NCE
N 27 30'30" ( A DISTANCE OF 6.42 FEET; TflENCE N 85'15'
38" E A OISTANC[ OF 125.78 FEET : THENCE N 20·40'05· E A
DISTANCE Of 254.99 FEET : THENCE N 14'57'51" E A DISTANCE
Of 210.25 fEET: THENCE N 2Y50'04" [ A DISTANCE OF 115.59
ff(T TO Tft[ POINT OF TERMINUS ON THE WESTERLY LINE OF
U.S. HIGHWAY HO . 85, SAID LINE ALSO BEING THE SOU THERLY
RIGHT-Of -WAY LINE OF THE CITY OITCfl AS SHOWN ON TI1E
QE(D DATED JUNE 10, 1938 PARCEL NO . 2, (FILE NO . 52 OOC
NO . 68).
fOR THE PURPOSES OF THIS DESCRIPTION, THE BAS IS Of
BEARINGS IS THE NORTII -SOUTII CENTERLINE or SAID SECTlON
BEING N 00'08'2J" £.
CENTER SECTION 29
T. 5 S R 68 W
6TII P M
ASPEN
[ASTERLY PROPERTY LINE or
ASPEN GROVE: DEVHOPAIENT
COINC IO(NT WITH Tl IE
Wf:ST[Rt. Y R.O. W. LINE OF
U.S. HIGHWAY NO B5
EXH I BIT C TO
PROPERTY EXCHAN GE AGREE MENT
NOT 10 SCAJ E
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QUIT CLAIM DEED
Poag & McCewen Lifestyle Centers-Littleton LLC. a Delaware limited liability company
("Grantor"). hereby releases, remises and quitclaims unto the City of Englewood. Colorado. a
municipal corporation of the State of Colorado with an address of __________ _
Colorado 80 ("Grantee"), all ofGrantor·s right. title and interest in and to the following
real property (the "Property") in the County of Arapahoe , State of Colorado. to wit:
See Exhibit A attached hereto
with all its appurtenances, for so long as the Property is used for the conveyance of water or
other public purpose .
It is the intention ofGrantor and Grantee that the estate conveyed hereby is a fee simple
determinable estate. with Grantor retaining a possibility of reverter. At such time as the Pro perty
has not, for a period of five consecutive years , been used for the conveyance of water or other
public purpose, title to the Property shall revert to Grantor. its successors or ass igns .
SIGNED this __ day of _______ . 2000 .
STATE OF _____ _
COUNTY OF------
) ss .
)
Poag & McCewen Lifestyle Centers-Littleton. LL C.
a Delaware limited liability company
By : _______________ _
The foregoing instrument was acknowledged before me this __ of October, 2000.
by , as of Poag & McCewen
Lifestyle Centers-Littleton LLC , a Delaware limited liability company .
Witness my hand and official seal.
(Notarial Seal)
Notary Public
My commission expires :-------------
EXHIBIT D-1 to
PROPERTY EXCHANGE AGREEMENT
JoNltlQCX:S\2000\Rlcsr\AG-Ocncral\P& MAG· I 00300-fahibttD-I QCD(P&M to Englewood). wpd
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Date : 9/26/00
Re,,ised : 10/11/00
BELL SURVEYING COMPANY
500 ~TH ST. • [)ENIIE.~. CO. 8020•
Orawing Mo .
0009101PE
( 303) 629-0165 f,;J. 523-7709
..., ""'" • ,SSOC>'ES at, Ordered By:
EXHIBIT _A TO QUIT CLAIM DEED
POAG to Englewood
A SIRI' OF I.AHO 15.00 FiET ON 11£ ll(Sl[IILY SIii( MIO 10.00
FEET ON M £.ASltRI.Y SID[ aF A PIPEl.ll[ CMll A PClfflCN
Of 11<[ oAST 1/2 0, SEC11CH 29. ~ 5 SQUn<. IINOG[
18 1IE5T Of n4£ 1114 l'.M •. CQUNT'f aF ~IIWJf... STAT£ OF
CCUJIWJO, SAIC Pl'El.JIC IEltlC MCIIC ~y D[SCR1IE!)
AS FCU.QWS:
ll[c;INNI/IC AT A POIHT ON TllE NOlffll uNE OF 1HE ..o,.i.
RTll PAIi!< -N-RIOE. WHENCE THE CENTER OF SAID SE~N 29
11£,1115 N (14'2&'1 0• W A ois;'ANC£ aF 2223.JO FE,: THDICt
" 2r:1cno· E A Ol'STNIC! OF &.•2 Fm: 1'!E.'IC[ ,. ~-,·
31• E A !llSTNICt OF 1~.78 Ft[T: 'IM'.!<CE ,t 2(J'<I0'05• £ •
D15TANC( 01 ~4.99 F[tr: TliOCt N 14·57·5 1• E • OISTNiC!
r,F 210 .25 F[[!: MliCt .. 2J':5a'O•" E • !llSTAIOC! OF 11 5.59
FEET 10 Tl4E l'OIHf OF Tfl!MINUS O" TIIE WESTE.~Y LINE Of
U.S. HIQMAY NO . 15. SAID UHE ALSO IICNC Tl4E SQIJTkE.'M
RICl<T-OF-WAY LINE OF Ttt£ CflY OITC!i AS SHOWN ON n.E
CE.:! DATED J\JNE 10. 1931 PARC!:. MO . 2. (Fil.£ NO . 52 DCC .
NO. 18).
FCR THE PURP0S£S CF TI-<IS OESC :'liPTlCN . TliE BAS IS OF
8[/,lll'GS IS Tl<E NCRTl<-SOUTH C~"TERUNE CF S,1,10 SE~,CH
!1£!NC N OO'Cll'23• E.
C£1'TE~ SECTION 29
T. 5 S. R. 58 W.
5TII PW.
ASPEN GROVE
I/') a,
;,.S1<!ft.r ~rY U1'i£ OF
ASP!.• CIKNC QC<,f10l"ICNT
c::,1..C:l)EHT wffl< n<E
ocs;r;it < •.o.w r.JNC or
u.s.~"·"'°·~
11'«:l"JS[O
NOT TO $CM.E
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QUIT CLAIM DEED
The City of Englewood. Colorado, a municipal corporation of the State of Colorado with an
address of , Colorado 80 ("Grantor"), hereby releases. remises
and quitclaims unto Poag & McEwen Lifestyle Centers-Littleton LLC , a Delaware limited liabil ity
company ("Grantee"), all of Grantor's right, title and interest in and to the following real property
(the "Property") in the CoWlty of Arapahoe, State of Colorado, to wit:
See Exhjbjt A attached hereto
with all its appurtenances.
SIGNED this __ day of ______ . 2000 .
ENGLEWOOD :
ATIEST:
City of Englewood. a municipal corporatio n
of the State of Colorado
By : ___________ _
Title : _____________ _
By : ___________ _
Secretary
EXHIBIT D-2 to
PROPERTY EXCHANGE AGREEMENT
F IWP 7DOCS\1000\Rlest G-Oeneral\P&MAG·IOOJOO -Ex h1b1tD·2QCD(EnglewoodtoP&M ).wpd
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BEU. SURVEYING COMPANY
IOO lCM.wimt ST. • QDM:R. CD. 8D2ID4
( 303 ) S21HJ11S FAX IZ3-770I
--"" -.__ .......... II,
,a11 1HE l'\IIPOID '111111 WWW'•• 'N -• -a TIC ll-1 CDRIIUC a, SM>
lm10N • 8C ii r,ntllr L
n1ua1T • ,o
Qul\ Clala Deed
(lll91ewood to P~M)
Page 1 of 2
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BEU SURVEYING COMPANY
0ata: 1/211/00 S(IC) ~TH ST. • OIIINER. CO. 80204
( Jill ) 1211-0, Ill tAX 123-7708
-""--·-It,
...
°""""' No.
00081 U1 CIO
St££T 2 Of 2
EXHIBIT A to
Quit cui• t>eed
(Eng1evood ~o PLN )
Pa;• 2 of 2
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QUIT CLAIM DEED
Poag & McCewen Lifestyle Centers-Linleton LLC. a Delaware limited liability company
("Granter"), hereby releases, remises and quitclaims unto the City of Englewood. Colorado. a
municipal corporation of the State of Colorado with an address of __________ _
Colorado 80 ("Grantee"). all ofGrantor·s right. title and interest in and to the following
real property (the "Property") in the County of Arapahoe. State of Colorado, to wit :
See Exhibit A anached hereto
with all its appunenances, for so long as the Property is used for the conveyance of water o r
other public purpose .
It is the intention of Grantor and Grantee that the estate convey ed hereby is a fee simple
determinable estate, with Granter retaining a possibility of reverter. At such time as the Property
has not, for a period of five consecutive years. been used for the con,·eyance of water or other
public purpose, title to the Property shall revert to Granter, it s successors or assigns .
SIGNED this __ day of _______ . 2000 .
STATE OF _____ _
COUNTY OF _____ _
)
) ss .
)
Poag & McCewen Lifesty le Centers-Littleton. LLC.
a Delaware limited liability company
By: ______________ _
The foregoing instrument was acknowledged before me this __ of October, 2000.
by , as of Poag & McCewen
Lifestyle Centers-Littleton LLC, a Delaware limited liability company .
Witness my hand and official seal.
(Notarial Seal)
Notary Public
My commission expires:-------------
EXHIBIT 0-1 to
PROPERTY EXCHANGE AGREEMENT
....aocs\2000\lllcsl\AG-General\PaMAG-100300-ExhibllO-IQCD(P&M 10 En&(owood) wpd
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Dote: 9/26/00
Revisad : 10/11/00
BELL SURVEYING COMPANY Orawing No.
0009101PE 500 KALAMA'lli ST. • OENIIE.~. CO. 80204
( JOJ ) 529-0165 F,;,. 523-7709
Ordered ,,, """ ,,.., . "''""' at,
EXHIBIT _A TO QUIT CLAIM DEED
POAG to Englewood
A SIW aF i.-,cJ 15.00 FUT ON M WOIOILT 9IE: #IO ID.00
flr. ON M EASlEII. Y SIDE OIF A PftlM Ml! A l'Cll'l1CN
OF M :AST I /2 0, SECTION 21. ~ 5 SDII™. IIMoc:E
11 IIEST OIF M ITk P' ..... COUNTY OIF ~ STA!t o,
CCLCIIM)Cl. SND l'P£!.JN[ IIOIG IOI[ ~y DE5CRaEil
AS FllU.CIWS:
IIEGINNINC AT A POINT ON T'I<£ -™ UN[ Of' M MICRAl.
lffll P'Alll<-111-!IIDC. a,ENC[ TH[ aHTEJI 0, SAID SE~ 29
KAR5 N (),4"24°10° W A OIS,AHC( OIF 2223.JO FEEi; 1HOICt
N zr!0·30" E A QISTNOCt OIF &.•2 F[[l'; 1tl[NC[ N ~:5·
Jll0 E A OISTANC[ OIF 125 .711 FtIT: TM[.l,CE N 211'40"~· E •
OISTANCf 0, ~·-" I'[!!: ~ N ,,·srs,· E A OISTANC!
Of 210.2' FttT: MNCt " 2.l",O'O•" E A DIS1'....C~ Of' 115.59
FL.CT TO 1'14( l'OINT OF 'l'UIMINUS ON ™E WESTt.~T LINE or
U.S ... ci-r NO. 15. 5,0Ml UH[ ALSO IIE!NC ™E soun;a~
IIIQiT-OF-""'T i,i[ OF' n<E CITY OITCl1 AS Sl10WN ON Tl<E
CED o,.m:, .I\.INE IC. 19JII PARC!J. NO . 2, (F"!L£ NO . 52 OOC.
NO. II).
F'CR Tl,[ Pu RPCSES CF' n-us O(SC~IPTICN , Th( BASIS Of
8CloRl"CS IS Tl<£ NCR TH -SOUTH ct. .. T'ERUNE Of' s..10 SEC'.ICH
IICl'IC N 00"08'2J" E.
CENTER S£C i10N 29
T. 5 5. R. 58 'II.
fT'H p ...
ASPEN
•
:jlS:Z:,'W. Y PflOP!Rr'Y UN£ OF
•SP!-"' C/ICtl! ocva~·r
~INC:llC<T wm, 1l<C
ou,T,11. • ~ o.w. UN£ or v.s. ,,.;,,.w.r f/lC. 6'
NO T TO 5CloL£
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QUIT CLAIM DEED
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The City of Englewood. Colorado. a municipal corporation of the State of Colorado with an
address of . Colorado 80 ("Grantor"), hereby releases. remises
and quitclaims unto Poag & McEwen Lifestyle Centers-Linleton LLC. a Delaware limited liability
company ("Grantee"), all ofGrantor·s right, title and interest in and to the follov.,j ng real property
(the "Property") in the County of Arapahoe, State of Colorado, to wit :
See Exhibit A attached hereto
with all its appurtenances.
SIGNED this __ day of ______ .. 2000.
ENGLEWOOD:
AITEST:
City of Englewood. a municipal corporation
of the State of Colorado
By : ___________ _
Title : ____________ _
By :------------
Secretary
EXHIBIT D-2 to
PROPERTY EXCHANGE AGREEMENT
F:IWP7DOCS\2000IIUG-Ocncrll\PAMAG•I00300-Exhibit0-2QCD(En1lewood10P&M) wpd
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BELL SURVBYJNG COMPANY
IDO ~ Sf. • mMIIR. CD. mlD4 ( _.) ~1• FAX IU-fflll
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A ... • ta ON a N -tJI • --& _. I mlll\ lllfll! • -a,
llCIIMPa.__., ........... --.-----..-a••Y---~ -·".-r·-~·-----.. N -..aa1111caia ·---·-· Wa-•aa»Nffllt91CKIIS"'"491A ...... .,..,.......... a-CN··--ftl 11C •n::tl!. \!!I!!,. ... A .... _I A~. 111,,a ~ . ~--· ..... ....... ,,, =,r, :.C •-.. ,,:-.: 1.WJllln r.=r.~°I,, ~..Lr ,....., ~··-• • • aw.L'IIJ•'UA • 11111.00 ,ar,a.... ,,,__..,.,a-•11 • ,.,,....-
"' .. , Mr 19 A ii -...a 1191111_ -CIM 1111IC mfl' fMli-A ... flt --Mr, A ---... !II A PEif a.'M Mn 1letCt II .... I A -,,, -..... AW r, .:iiiiil iie ... 1111 '.!!£,~
-a.-11 H UPI' -A -• .. ............. onr,r, A --fW 14.,a Ml': 1l8IIS II_....,. IE A -r, &ii ,af. A ..... (1/1 -Cllllf;
'l9CIE .,,...,.-=•-= W 1D 1IC W' -A -flt SIii ,m A CINIIIL ... ,,, ·" ,._ ... ,. ..... --....-----r:..JUP~1D...lf*! lf.4n.~ltHL\.".,~· r.r~~
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BIIIIII • alC N illr'anS" It.
DHiaIT. to
Quit CUl• Deed
(lll91owood to P~Nl
Pago 1 of 2
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BELL SURVEYING COMPANY
Data: 1/21/00 5'IO l<AI.MMTH ST. • DIIIM1I. CO. IICl2D4
C 3113 > 629-o, ea uit 123-noe
Onlww.l No.
oooa,u,co
SHEET 2 Of 2 .....,.,._.__ ......... IA,
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EXHIBIT A to
Quit CLaia Deed
(Sni1evood to P~M )
page 2 of 2
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ORDINANCE NO._
SERms OF 2000
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BY AUTHORITY
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COUNCIL BILL NO. 83
I?la"TRODUCED BY COUNCIL
MEMBER WOLOSYN
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 recommended Council approval
of the "Grant of Construction Easement" and ·'License Agreement" for the City Ditch to
POAG and McEwen Lifestyle Centers-Littleton at its October 10, 2000 meeting;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The -License Agreement" to the POAG and McEwen Lifestyle Centers-
Littleton for the purpose of maintaining improvements on City Ditch, as described in
Exhibit "A", is hereby accepted and approved by the City Council of the City of
Englewood , Colorado.
Section 2. The Director of Utilities is authorized to execute the "License
Agreement" for and on behalf of the City of Englewood , Colorado.
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 .
Read by title and passed on final reading on the 6th day of November , 2000.
Published by title as Ordinance No . ~ Series of 2000 , on the 10th day of
November, 2000 .
Thomas J. Bums, Mayor
ATTEST :
Loucrishia A. Ellis , City Clerk
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I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No. ~ Series of 2000.
Loucrishia A. Ellis
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT , made and entered into as of this day of
--------· 2000. by and between the City of Englewood. a municipal corporation of the
State of Colorado. acting by and through its Water and Sewer Board [the "Licensor .. ] and Poag &
McEwen Lifestyle Centers --Littleton, LLC , a Delaware limited liability company . its successors
and assigns ["Licensee"'].
WHEREAS. Licensee is the o\\-1\er of certain real property located in Arapahoe County.
Colorado, which property is legally described on Exhibit A attached hereto and made a part hereof
[the "P&M Property"'); and
WHEREAS. In connection with the Licensee·s development of the P&'.'vt Property , the
parties desire to allow the Licensee to install and maintain landscaping. paving or any other use
which does not materially interfere with Englewood's operation and maintenance of the carrier ditch.
in the Englewood City Ditch Right-of-Way as legally described and depicted on Exhibit B attached
hereto and made a part hereof [the "Englewood City Ditch Right-of-Way'').
NOW, THEREFORE, In consideration of the premises and the mutual co\·enants of the
parties, more panicularly hereinafter set forth. the adequacy and sufficiency of wh ich are hereby
acknowledged, it is agreed as follows :
I . License Granted. The Licensor, without any warranty of its title or interest
whatsoever, hereby authorizes Licensee, its successors, assigns. contractors, and sub-contracto rs. to
install and maintain landscaping, paving or any other use which does not materially interfere with
Englewood's operation and maintenance of the carrier ditch. within. through. over and across the
Englewood City Ditch Right-of-Way , in accordance with plans approved by the City of Littleton
from time to time [the "Licensed Uses"'], under the following terms and conditions.
2. Licensor·s Rights . The Licensor shall have the right to maintain, install. repair.
remove or rel oc ate the carrier ditch [the ·'City Ditch .. ] and its appurtenances within the Englewood
City Ditch Right-of-Way. at any time and in such manner as the Licensor deems necessary or
convenient. The licensor reserves the exclusive right to control all easements and installations over
the Englewood City Ditch Right-of-Way .
3 . license Subject to Prior Agreements . The rights and privileges granted in this
License shall be subject to prior agreements. licenses and/or grants. recorded or unrecorded. and it
shall be the Licensee· s so le responsibility to determine the existence of said docwnents or conflicting
uses or installations.
4 . Licensor Approval of Use. Any use contemplated or performed under this License
shall comply with and conform to standards formulated by the Director of Utilities of the City of
Englewood and such use shall be performed and completed according to plans approved by the
Licensor, which approval shall not be unreasonably withheld. conditioned or delayed .
S. No Interference of Publjc Scp'iccs. The Licensed Uses shall not interfere with the
Licensor's provision of services to the public. The Licensee shall fully cooperate with the Licensor· s
personnel and shall install and maintain the Licensed Uses without interference with any lawful ,
usual or ordinary flow of water through the City Ditch. Licensee shall asswne all risks incident to
the possible presence of such Waters, or of storm waters, or of surface waters in the City Ditch.
f :IWP7DOCS\200CNllcsMG-Ociallll'AMAG· 100200-LICCIISCApeemcnt.3( P&M) wpd
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. 6 . Indemnification. Subject to C.R.S. 24-10-101, cL seq. the Liceru;ee shall indemnify
and save harmlei:;s the Licensor. its officcn and employees. against any and all claims, damages,
actions or causes of action and expen:;es to which it or they may be subjected by n:ason of said
Licensed Uses within, across or over the I!nglewood City Uitch Right-of-Way being or by reason
of any work done or omission !Dade by Lic.:ensee, its qcnts or employees, in coMection with said
Licensed Use:;.
7 . lncolJ)O@\ion into Contract. The i1tipularion and condilioni1 of this License shall be
incorporated inlu c.:ontract specifications if the use herein authori1.Cd is to be done on a contract basis.
8 . Rcmcdjcs. It iii expressly agreed that in case of Licensee's material breach of1111y of
the within promises, Licensor may, at its option, have specific perfonnance thereof, or sue for
damages resulting from mJCh breach.
9 . Assignment. Licensee may assign all of its rights and obligations J:lUfSWIDt to 1his
License tu any entity which acquires title to the P&M Property . The foregoing notwithi.tandins. this
License is assignable only with the written permission of the Licensor, which permission will no1
he unreasonably withheld, conditioned or delayed .
I 0. Tcnnjnatjon . Upon abandonment of 1111y right or privile&e herein granted, the ri~ht
of Licensee to that extent shall terminate, hut its obligation to indemnify and save harmless the
Licensor, its officers, employees and 11t1ents, subject to C.R.S. 24-10-101 , shall nol tc:rminatc in any
cvcnL
In gra.ntin[t the above aulhorinuion. the Licensor reserves the right 10 make full use of 1hc
property involved as may be nc:ce55ary or convenient in the operation of the water works system
under the control of the Licensor. ·
IN WITNESS WHEREOF, the panie!I; hereto have executed this Agreement on the dute 1111d
day first above written.
LICENSOR:
CITY OF ENGi .EWOOD
Acting through and by its
Water and Sewer Hoard
Ry : ___________ _
Chairman
LICENSEE :
•
APPROVEl):
Stewart ronda
Uircctor of Ulilitic:s
Poag & McEwen Lifestyle Centers • •
Linleton, LLC
By jP,4 /) 'g__?'/
Tide :__ f~cren,,-....
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STATE OF _rn, ____ _
COUNTY 01: _~ ~
r'\ On this the • .11.!:._ day of
1
C ~ 13 ( r-, 2000, before rue pem,nally appeared
d, 't> ) h y a (). ~ krlown to me lo be the '1-Q. " of Poq & McEwen
J~le Centers Lillleto,l LLC, a DelaWBTe limited liability company, and acknowledged that
__ executed the within and forqoing insuwnent, and acknowledged the said instrument to be
the fn:c and voluntary acl of said limited liability company for lhe uses and purpo!ICS therein
mentioned, and on oath stated that ...h.t_ wu authorized to execute said instrument.
IN WITNF.SS WHEREOF, r have hereunto set my hand and affixed my official seal the duy
and year first above wrillcm. ~ . ~
Jµui.J... 4tnvc:
Noaary Public
My Commission Expires :-------
Addn:s..,
Prepared by and Return to; Lisa A. Smunons
Bernstein Law Office
555 Pcrkinii F.xtendcd, Suite 250
Memphis. Tennessee 311117
(901) 682-6658
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LEGAL DESCRIPTION TO P&M PROPERTY
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF ARAPAHOE. STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS:
THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, R.Ai'IGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEARS 00°08'23" W.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTIIEAST QUARTER OF SAID
SECTION 29: THENCE S 00°08 '23" W , ALONG THE WEST LINE OF SAID SOUTIIEAST QUARTER
OF SECTION 29, A DISTANCE OF 71.66 FEET TO THE POINT OF BEGINNING:
THENCE S 00°08'23 '' W, CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER
OF SECTION 29. A DISTANCE OF 352.07 FEET ;
THENCE S 89°51'3 7" E. A DISTANCE OF 7 11.13 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF THE SOUTH SA.'ITA FE DRIVE RIGHT OF WAY ;
THENCE ALONG SAID WESTERLY BOL:~DARY OF THE SOUTH SANTA FE DRI VE RIGHT OF
WAY THE FOLLOWING SEVEN (7) COCRSES :
I. S 07°27'2 r · w. A DISTANCE OF SJ .16 FEET :
2 . s 10°22 '08'' w. A DISTA.'ICE OF 100 .36 FEET :
3. S 07°28'~" W , A DISTANCE OF 236 .36 FEET:
4. ALONG THE ARC OF A NON-TA;-..;GENT CuR VE TO THE RIGHT HA YING A CENTRAL ANGLE
OF 08°38 'J5'', A RADIUS OF 5634 .58 FEET. AND AN ARC LENGTH OF 850.25 FEET, THE
CHORD OF WHICH BEARS S 11 °Js ·35 .. W. A DISTANCE OF 849.J4 FEET;
5. S J5 °05'43'' E. A DISTANCE OF 39 . J FEET:
6 . S 19 °53'JO" W. A DISTANCE OF 546 .8: FEET:
7. S 32°59· 1 S .. W. A DISTANCE OF 85 .18 FEET :
THENCE N 69 °0:· 19 .. W. A DISTANCE OF 628 .92 FEET:
THENCE S 20°57'36 .. W. A DISTANCE OF 1-1 .29 FEET:
THENCE N 69 °02·2J .. W. A DISTA.'.JCE OF 3:.so FEET;
THENCE N 20 °57'3 5 .. E. A DIST A:-.ICE OF J3 .96 FEET:
THENCE ALONG THE ARC OF A NON-TANG ENT CUR VE TO THE LEFT HAVING A CENTRAL
ANGLE OF JJ0 Js· 11 ··, A RADluS OF 500 .00 FEET, AND AN ARC LENGTH OF 128 . 5 FEET: THE
CORD OF WHICH BEARS N 13°33 '57" E. A DISTANCE OF 128.39 FEET;
THENCE N 69°02 ' 19" W, A DISTANCE OF 422.43 FEET ;
THENCE NO I 0 27' 15 .. E, A DISTANCE OF 230 .69 FEET;
THENCE , 07°01 '58 .. E. A DISTANCE OF 321.13 FEET;
THE~CE N 61 °12 '1 l .. E, A DISTANCE OF 87 .12 FEET;
THENCE N 28 °J 7'49 " W, A DISTANCE OF 100 .00 FEET;
THENCE ALONG THE ARC OF A CU RVE TO THE LEFT HAVING A CENTRAL ANGLE OF
07°52 '59 '', A RADIUS OF -l00 .00 FEET, AND AN ARC LENGTH OF 55 .03 FEET;
THENCE N 00 °30·33 .. W, A DISTANCE OF 75-l.JO FEET ;
THENCE N J5 °J8'50'' E, A DISTANCE OF J45 .64 FEET:
THENCE S 89 °5 J '3 7" E. A DISTANCE OF 39 .94 FEET TO THE POINT OF BEGINNING.
CONTAINING 53 .3 9 ACRES , MORE OR LESS .
EXHIBIT A to LICENSE AGREEMENT
P . .\GE I of I
F , WP7D(XS\2000\R.Jesl\AG·G ~MJ~\P&MAG· 101 :OO-l.1ccnscA i rftmcnt.3Exh1b1tA I P&~t l wpd
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Dote : 9/26/00
Re•isell : 10/11/00
BELL SURVEYING COMPANY Drawing No .
0009101PE
500 KALAMATH ST . • DENVER, CO . 60204
( JOJ) 629-0165 FAX 623-7709
°"'"" e,, °""° EVN<s • .ssoc•TEs ~
A STRIP OF IN«> 15.00 FUT ON THE W£STEAI.Y SIDE AHO 10.00
f[[T OH Tit[ EAST£Rl Y SIil£ or A PIPCUN£ Oll[R A PORTION
or THE EAST 1 /2 Of S£C00N 29 , 10WNSIIIP 5 SOUTtt, RANCE
68 WEST Of TttC 6TH P .M., COUNTY or NIN'NiOE, SIAIE Of
COLORADO , SAID PIPCUNC 8£1NG MOR[ PARTICIAARLY 0£SCRlll(O
AS FOLLOWS :
BEGINNINC AT A POINT ON TH£ NORTH UN£ or TH£ MINERAL
RTO PARK-N-RIOC, WH£NCE !ME CENTER Of SAID SECTION 29
8£ARS N 04'24'10• W A DISTANCE Of 222J.JO fE£T : Ut[NCE
N 27JO'JO" C A DISTANCE Of 6.42 FE£T; THENCE N 85'15'
lll' E A DISTANCE Of 125 .78 F[[T; TH£NCE N 20'40'os· £ A
DISTANCE Of 254 .19 fE£T ; lltCNC£ N 14'57'51• E A OISIANC£
Of 210.25 rm: TH£NC[ N 2J'50'04" E A DISTANCE Of 115 .59
fE£T IQ lli[ POINT Of TERlalUS OH lli[ WESTERLY UN£ or
U.S. HIGHWAY NO. 85, SAID UN£ ALSO 8£1NG lit[ SOUTHERLY
RIGHT-Of-WAY UN[ or THC crrv DITCH AS SHOWN ON THE
DCED DIIT[D JUNE 10, 1IIJ8 PARCEi. NO . 2, (FILE NO . 52 DOC .
NO . 88).
fOR THE PURPOSES Of THIS DESCRIPTION, THE BASIS Of
IIEAAINGS IS ntE NORTH-SOUUt CENTERLINE Of SAID SECTION
BEING N 00'08'2J• E.
CENTER SECTION 29
T. 5 S. R. 68 W.
6TH P .11 .
CASTCRI.Y PIIOPCRTY LINC OF
ASPCN ~lo£ =LOPMCNr
COINCIOCNI WITH TOI[
1f£STCRI.Y RO.W. UNC OF
V.S. H<CIIWAY NO. 85
EXHIBIT B TO
LICENSE AGREEMENT
NOT TO SCAU:
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 84
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EASEMENT"
FOR THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT .
A QUASI MUNICIPAL CORPORATION (BID), POAG AND McEWEN LIFESTYLE
CENTERS-LITTLETON L .L .C.
WHEREAS, the POAG and McEwen Lifestyle Centers-Littleton requested a Grant
of Construction Easement for the purpose of constructing piping and other
improvements to the City Ditch; and
WHEREAS, in the development of the subject property and the piping of the City
Ditch the construction will be performed by the Aspen Grove Business Impro,·ement
District; and
WHEREAS. the Utilities Department of the City of Englewood r eviewed the BID
request and is requiring the BID to install approximately 600 ' lineal feet of 60" RCP
pipe in connection with the BID improvements to the Englewood City Ditch Right-of-
Way; and
WHEREAS, the passage of this proposed Ordinance will authorize the "Gra nt of
Construction Easement" permitting the BID acce ss to the City Ditch to install the 60"
RCP pipe and at the same time store pipe, equipment and fill along the Engl ewood 's
City Ditch Right-of-Way ; and
WHEREAS. the Englewood Water and Sewer Board r eco mmended Council approval
of the "Grant of Construction Easement" for the City Ditch to BID at its October I 0 ,
2000 meeting;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectjon l. The "Grant of Construction Easement" to the Aspen Grove Business
Improve ment District, a quasi municipal corporation (BID), POAG and McEwen
Lifestyle Centers-Littleton L .L .C. for the purpose of piping the City Ditch as described
in Exhibit "A'', are hereby accepted and approved by the City Council of the City of
Englewood , Colorado.
Sectjon 2. The Director of Utilities is authorized to execute the "Construction
Easement" for a nd on behalf of the City of Englewood, Colorado .
Introduced , read in full , and passed on first reading on the l6•h day of October,
2000 .
Publis hed as a Bill for an Ordinance on the 20th day of October, 2000.
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Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No. ~ Series of 2000, on the 10th day of
November, 2000.
AITEST:
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 the Ordinance passed on final reading
and published by title aa Ordinance No. ~ Series of 2000.
Loucrishia A. Ellis
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TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement [the "Temporary Easement"] is entered into this
_ day of , 2000 by and between the City of Englewood, Colorado, a municipal
corporation of the state of Colorado, acting by and through it Water and Sewer Board
["Englewood .. ] and Poag & McEwen Lifestyle Centers-Linleton, LLC , a Ddaware limited liabili1:y
company [th.: "P&M·l
WHEREAS, P&M and the James Q . Newton Trust have entered into that certain Agreement
to Buy and Sell Real Estate dated November 1 7, 1999, as amended by that certain Amendment to
Agreement to Buy and Sell Real Estate dated July 25, 2000 [hereinafter the ··Purchase Contract'·),
for the purpose of buying and selling certain real property located in Arapahoe County, Colorado.
which property is legally described on Exhibit A anached 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 Quitdaim
Deed dated March 24, 1970 and recorded in Book No . 1864. Page 51 7, in the Rec order· s Otfa:c: o f
Arapahoe County, Colorado, Englewood was granted a right-of-way easement to own. opera!..: JnJ
maintain a carrier ditch, which carrier ditch is currently located on a portion of the P&M Propt:rl )
as depicted on Exhibit B anached hereto and made a pan here of (the ··Englewood City Ditch Right-
of-Way"]; and
WHEREAS, The parties desire to relocate the Englewood City Ditch Right-of-\\"a~ to an
area ofland legall y described and depicted on Exhibit C anached hereto and made :i part here o f (the:
"Relocated Englewood City Right-of-Way "]; and
WHEREAS, P&M desires to cause the carrier ditch to be relocated and placed under ground
by installing a Colorado Department of Transportation [··coor·J approved 60" RC P p ipe \~ithi n
the Englewood City Ditch Right-of-Way in the locati o n depi cted as ··Proposed Irrigati on Pipdine ..
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 ',l,hi ch arc: hc:reb y
acknowledged, it is agreed as follows :
I . Temporan' Construction Easement. Englewood (as Grantor) hereby grants to
P&M (as Grantee), its successors, assigns. contractors, and sub-contractors, no n-.:xclu sive temporary
construction easements through, o ver, under and across the Englewood City Ditch Ri ght-of-Way and
the Relocated Englewood City Ditch Right-of-Way for th.: purpose of grading , constructing a
diverter ditch and causing the carrier ditch to be relocated and placed underground by installing a
CDOT approved 60" RCP pipe in the location depicted as "Proposed Irrigati on Pipeline·• on said
Exhibit C and covering the same with clean fill dirt (th.: "Piping Project"'). P&M will use it s bc:st
efforts to cause the pipe to have a flow capability of 60 cubic feet per se..:ond on or b.:fore January
I, 200 I . Englewood hereby acknowledges that weather conditions and other unavoidabl.: ddays may
result in a need for an extension of timt: beyond said date of January I , 200 I . In such event, and
upon P&M" s submission of a wrinen request for an extension of time b.:yond January I , 200 I,
Englewood agrees that it will grant a reasonable extension of time to enable P&M to cause the pipe
to have the required flow capability .
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Temporary Construction Easement
City of Englewood to Poag & McEwen Lifestyle Centers --Littleton, LLC
Page 2 of 4
2 . Tenn o{Easemcpt. The Piping Project will begin no sooner than November l, 2000,
and will be completed no lal<!r 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 . Agm. P&M 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
purpose necessary or prudent for the construction of the Piping Project subject to the followiu!:\
restrictions: I) normal working hours shall be from 8 :00 a.m. until 4:00 p.m.; 2) the operation of
equipment and heavy trucks will 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) P & ~ I wi 11
comply with all City of Littleton requirements regarding emergency access to the property .
4. Restontion . Upon completion of the Piping Project, P&M will perform such
restoration and regrading as is necessary or prudent to restore the surface area of the Rdocated
Englewood City Ditch Right-of-Way to its original condition . P&M may develop the surface area
of the Relocated Englewood City Ditch Right-of-Way in accordance with the P&YI de ve lo pment
plans as approved by the City of Littleton from time to time and in accordance with its licen se
agreement with the City of Englewood for useofthe Relocated Englewood City Dit ch Right-of-\Vay.
5. lndempificatjog . P&M, to the extent permitted by the laws and constitution of the
State of Colorado, hereby agrees to be liable and hold harmless Englewood, its employ ees , tenants ,
guests from any and all claims, causes of action, and liability which may occur as a result o f the
negligent or wTOngful acts of P&M in the construction of the Piping Project, including the cost of
defending against such claims.
6 . Liability . P&M, to the extent permitted by the laws and constitution of the State of
Colorado, hereby agrees that Englewood will not be liable for any damages to the P&M Propeny
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 removal 0f the
structures associated with the carrier ditch pursuant to this construction e:isem<!nt ; and t ii ) continuing
until the termination of this construction easement according lo its terms ;pro vided, howe ve r , in an y
event, that such water flow is not the result of the grossly negligent or willful acts o f Englewood .
7 . Insurance . P&M shall maintain in full force and effect a valid policy of insurance
for the Piping Project in the amount of $600,000 .00 propeny coverage and $600 ,000 .00 liability
coverage . P&M further agrees that all its employees, contractors and sub-contractors working on
the Piping Project shall be covered by adequate Workers Compensation insurance .
8 . Assignment. P&M may assign all of its rights and obligations pursuant to this
Temporary Construction Easement to any entity which acquires title to the P&M Prop.:rty and/or to
the Aspen Grove Business Improvement District. The foregoing notwithstanding, this Temporary
Construction Easement is assignable only with the written permission of Englewood , whi c h
permission will not be unreasonably withheld, conditioned or ddayed .
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Temporary Construction Easement
City of Englewood to Poag & McEwen Lifestyle Centers -Littleton, LLC
Page 3 of~
IN WITNESS WHEREOF, the panies hereto have executed this Temporary Construction
Easement on the date and day first above written.
CITY OF ENGLEWOOD
Acting through and by its
W atcr and Sewer Board
By : __________ _
Chairman
APPROVED :
Stewan Fonda
Director of Utilities
P&M : Poag & McEwen Lifestyle Centers --Littleton , LLC
STATEOF ~s-s:..e.....___,
COUNTYOF 0~
By :--,L-(b~~"--~--=...~-"""[~~/+--/2--."~'---
Title :_~f'-'-()-=-":....r'_:_t.t...t:!.:..c.:....r~y'-------
On · d,e 'fl_ day of {Jt /.J.v.__ . 2000, b<fore me pe,soo'11y,ppe,red
~==:i...,..___:~-:.....:.....1£..1.1~-known to me to be the ,.si, u,.t,,..f:,t.~ of Poag & McEwen
estyle Centers Littleton. LLC , a Delaware limited liability com't,any. and acknowledged that
:J.k..._ executed the within and foregoing instrument and acknowledged the said instrument to be
the free and voluntary act of said ~ynited liability company for the uses and purposes therein
mentioned, and on oath stated that ~ was authorized to execute said instrument .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
aod Y"' fITTt ""°" writteo. ;;a " ;J , t.J.-w.s,1 -~~
No Public
My Commission Expires: _...;;;5c..---_/_l_-_o ..... i/: __ _ Address
= = = E\il :llc"BN::S&'lla a:R:EeE,:i=s:cbcr=mtaset ~d aad:~cc:~uticim:sc~~
udo~.fllSlae'<iOoWlli ....
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Temporary Construction Easement
City of Englewood to Poag & McEwen Lifestyle Centers -Littleton, LLC
Page4 of4
Prepared by and Return to : Lisa A. Sammons
Bernstein Law Office
555 Perkins Extended, Suite 250
Memphis, Tennessee 38117
(901) 682-6631
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LEGAL DESCRIPTION TO P&M PROPERTY
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE sourn HALF OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF ARAPAHOE, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:
THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEARS 00°08'23 " W.
COMMENCING AT THE NORTIIWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 29 ; THENCE S 00°08'23" W, ALONG THE WEST LINEOF SAID SOUlHEAST QUAR"JER
OF SECTION 29, A DISTANCE OF 71.66 FEET TO THE POINT OF BEGINNING ;
lliENCE S 00°08 '23" W, CONTINUING ALONG SAID WEST LINE OF THESCUTKr":A'iTQtJAR UR
OF SECTION 29, A DISTANCE OF 352.07 FEET;
THENCE S 89°51 '3 7" E, A DISTANCE OF 711.13 FEET TO A POINT ON lH:£ MS'fERll. \'
BOUNDARY OF THE sourn SANTA FE DRIVE RIGHT OF WAY;
THENCE ALONG SAID WESTERLY BOUNDARY OF THE SOLTH SANTA FE r.tVI lllHT GI-'
WAY THE FOLLOWING SEVEN (7) COURSES :
1. S 07°27'21 " W, A DISTANCE OF 54 .16 FEET;
2. S 10°22'08" W, A DISTANCE OF 100.36 FEET;
3 . S 07°2 8'44" W , A DISTANCE OF 236 .36 FEET;
4. ALONG THE ARC OF ANON-TAN GENT CUR VE TO THE RJGITT HAVING A CDlTRALA NGLE.
OF 08°38 '45", A RADIUS OF 5634.58 FEET, AND AN ARC LE NGTH OF 850 .~5 FEElf, THE
CHORD OF WHICH BEARS S 11 °48'35" W, A DISTA NCE OF 849 .4-4 FEET;
5. S 45°05'43" E, A DISTANCE OF 39.1 7 FEET;
6. S 19°53 '40" W, A DISTANCE OF 546.82 FEET;
7 . S 32°59'15"W, A DISTANCE OF 85 .18 FEET;
THENCE N 69°02'19'' W, A DISTANCE OF 628 .92 FEET ;
THENCE S 20°57'36"W, A DISTANCE OF 17 1.29 FEET;
THENCE N 69°02 '24" W, A DISTANCE OF 32 .50 FEET;
THENCE N 20°57'35" E, A DISTANCE OF 43 .96 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 14°45 '1 l ", A RADIUS OF 500 .00 FEET, AND AN ARC LENGTH OF 128 .75 FEET; THE
CORD OF Wl-DCH BEARS N 13°33 '57" E, A DISTANCE OF l:?8 .J9 FEET;
THENCE N 69°02'19" W, A DISTANCE OF 422.43 FEET :
THENCE N O 1 °27' I 5" E, A DISTANCE OF 230 .69 FEI:: 1 ,
THENCE N 07°0 l '58" E, A DISTANCE OF 321.13 FEET ;
THENCE N 61°12 '1 l " E, A DISTANCE OF 87 .12 FEET ;
THENCE N 28°47'49" W , A DISTANCE OF 100 .00 FEET ;
THENCE ALONG THE ARC OF A CURVE TO THE Lt.FT HAVING A CENTRAL ANGLE OF
07°52'59", A RADIUS OF 400 .00 FEET, AND AN ARC LE NG TH OF 55 .03 FEET;
THENCE N 00°30'33" W, A DISTANCE OF 754 .10 FEET ;
THENCE N 45°18'50" E, A DISTANCE OF 445 .64 FEET :
THENCE S 89°51 '37" E, A DISTANCE OF 39 7 .94 FEET TO THE POINT OF BEGINNING .
CONTAINING 53.39 ACRES , MORE OR LESS.
EXHIBIT A to TEMPORARY CONSTRUCTION EASEMENT
PAGElofl
F \WMOOCS\,.'OOll\lllallAG-G<MnllP.t.MAG· IOI :oo-TcmpCOMlrEsnn•fahobttA(BID) wpd
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JU~LI. SURVEYING COMPANY
1500 Ml.AMATIi ST. • OENYF.R, CO. 80?.04
Dote: 9/'-&/00
( 303 ) U1-01e5 FAX e2J-noa ......... "" -................. It,
Omwlng No.
000910100
SHEET 1 OF 2
A St1W' OF' UNO l.'\1NG II lllE £AST 1/2 OF IF.C1ION 29, TIJMl!iHI' 5 SOlffli, RANGE Ill 111ST OF
TIit llff P.M .. COUNJY OF M1WftOE, SWI OF CCIUMM>, 1tE CEJnllUE 1HEllfDf 1E1NG MORIE
PMTICU.NII.Y D£SCRall 115 R1U.OWS:
OCGINNIIG AT A POINT ON lHE NOmlt UNE OF lHE 1111EM. lfflJ PMK-N-RIIE, WHENCE THE CENTER
OF SM> SEC110N 21 BEARS N 04'23'51" W A DISTMCE Of 2223.24 FEET: lltENCE N 22°45'54" £ A
DISTANCE OF 57.47 FEET ar A PONI' OF TMGIDl1' CUIIW£; 11EU ALONG ll£ MC OF SMl alMa TO
TH£ LEfT IIAVING A RADIUS OF 1000.00 FEET, A camw. NG.£ OF 02'54'29", A DISTN«:E OF 5D.7S
ftET; lllENCE N 19'51'25" E A DISTANCE OF' 22.5' FEET TD A POINT OF TMCENr CURVE; 1HENCE
ALONG THE MC OF SMl CURVE TO THE RIGHI' !WANG A IWIIJS Of 2!11.IIO rnr. A CElfflW. ANGl£ OF
09°43'19", A DISTANCE OF 42.42 FUT; 1l£NCE N 29'34'44" E A DISTN«:E OF R81 FEET TO A POINT
OF TANOENT CURIIE; lllENCE ILONG THE MC OF WI ~ TO 111[ RIGHT HA1IINO A RAlllllS OF 100.00
FE£T, A CENTRAL ANGLE Of' 0S'20'07", A OISIANCf; OF' 11,08 Fm; 'IMENCE N 35'54'51' £ A DISTANCE
Of 88.51 FEET TO A POINT OF TMGENT ~ moa: MDNG THE MC OF SMl CURVE TO TltE RIGlff
l~\1NG A RADIUS Of 500.00 FD'T, A CElfflW. N«.LE Of Ol'S0'45", A DISTANCE OF 59.74 FEET; THENCE
N 42'4!1'J&" E A lllSfANCE OF 19.33 rm TO A l'Oll1' OF 1MQEN1' CURVE; Tl8ICE Al.DIC lHE ARC or
~ CIJIWE TO lHE LEFT HAI/NG A RAlllUS OF 100.00 FEET. A cemw. #llll.E OF 01nr,s·. A DISfNU
OF 14.76 FEET: lllENCE H 34"18'21" E A DISTANCE: OF' 3!1 .18 FE£T 10 A POINT Of TANGENT CURVE;
11tENCE ALONG M MC Of SM> CUIIIIE TO THE AIGIIT HAYING A RADIUS OF' 57.87 f'EET, A CENTRAL
N«lt.E Of 1r38'27", A DISTANCE Of 19.811 FEET TO A POINT OF AEIIERSE CURii!; lHl'NCE AI.Dl'IG THE
:icOISr~Of'~TOnh'.1~'Tir~7~ f'~li&':'11t.21~TO~ ~Jr~
ON THE WESTERLY 11Dff-u1"-IIIIY UNE OF U.S. IIIIHIAY NO. BIL
//lltNE DESaBD PMCf1. BOID 2!I FEET II Wllfflt. :1:12.5 FEET ON PClt SIJE OF CENTEIUE
F'OR 111[ PURPOSES OF THIS DEStiW'IO., 1HE IMSIS f1I' i!lfMNlS IS Tl£ N-S CEJfflRlJNE OF SMl
SECTION 29 BEING N Oll'Oll'23" E.
EXHIBIT e to
~rary Construct Ion Ea-,t
Page I of 2
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BELL SURVEYING COMPANY
500 IWAMATH ST. • 01:.NVER, CO . 80204
(Jill) &28-0165 FAX 623-7709
...... "" ...., """' • ASSOCll\m; a=,
Drawing No.
000910100
SIIEET 2 OF 2
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N M"l•'zr" £
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4 • 06'27'15"
It -,ao..~· -......
L • 14.'lff'
NOT 10 SCIU:
EXIIIBIT O to
'l'eqx,rary Construction Ea11e111ent
Page 2 of 2
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Dole : 9/26/00
Revised : 10/11/00
DELL SURVEYING COMPANY Drawing No .
0009101PE 500 KAlAMATH ST . • DENVER, CO. 60204
( JOJ ) 629-0165 FAX 623-7709
°'"'~d By, DA.0 £V"'S & '5SOC•TES ~
A STRIP OF I.Nj() 15.00 fl:£T ON THE W[SIERlY SIDE ANO 10.00
fE[f ON TIIC EASTERLY SID£ Of A PIPELINE OVER A PORTION
Of THE EAST 1 /2 Of SECTION 29. TOWNSIIIP 5 SOUTlt, RANGE
68 WEST or TIIC 6TH P.M., COUNTY Of ARAPAHOE. STATE Of
COLORMJO, SAID PIPEUNE BEING MORE PARTICUINILY DESCRIBED
AS fOLLOWS :
BE~G AT A POINT OH THE NORTH UHE Of TIIE MINERAL
RID PARK-N-RIOC, WHENCE THE CENTER Of SAID SECTION 29
BEARS N 04'24'10" W A DISTANCE Of 222J.JO FEET; THENCE
N 2TJO'JO" E A DISTANCE Of 6 .42 FEET; THENCE N 85'15'
J8" E A OISTANCE Of 125.78 FEET : THENCE N 20'40'05" E A
DISTANCE OF 254.99 fEET : THENCE N 14'57'51" E A DISTANCE
Of 210.25 rtET; THENCC N 2J"50'04" E A DISTANCE OF 115.59
FEET TO THC POINT Of TER .. NUS ON THE WESTERLY LINE Of
U.S. HIGHWAY NO 85, SAID LINE ALSO BEING THE SOUTHERLY
RICllT-Ol"-WAY UNE OF THE CITY OtTCtt AS SHOWN ON TIIE
0£CD ~lED JUHC 10, 1tlJ8 PARCEL NO . 2, (FILE NO . 52 DOC .
NO . 68).
fOR THE PURPOSES OF THIS DESCRIPTION , THE BASIS Of
BEARINGS IS TIIC NORTH -SOUTH CENTERLINE OF SAID SECTlON
BCINC N OO'Dll '2l" E.
CENTER SECTION 29
T. 5 S. R. 68 W.
6TH P.M
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ASPEN GROVE
o,
E:ASTCRI. Y PROPCRTY LINC or
ASPfN CROVf OCVCLoP11£NT
CO...CIO[Nl WITH Tit£
W£5TCRt. Y R .O. W. UNC or
U.S. HIGHWAY NO . B5
fXHIOTT C ~o TEMP ORARY
CONSTRUCTION E~SEHENT
NOT TO SCALE
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ORDINANCE NO ._
SERIES OF 2000
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BY AUTHORITY
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COUN CIL BILL NO . 85
INTROD UCED BY COUNC IL
MEMBER WOLOSY N
AN ORDINANCE AUTHORIZING THE PURCHASE OF 2357 WEST WESLEY
AVENUE BY THE CITY OF ENGLEWOOD . COLORADO .
WHEREAS, the owners of the 235 7 We st Wesley wi sh to sell the prope rty t o the
City; and
WHEREAS, several potential uses a r e a vailable for the property including sites fo r
future AVS homes, sites for a home ownership initiativ e a nd sites to demonstrate
attractive single family attached dwelling design; and
WHEREAS , developing the subject residential property will require combini ng this
property with 2399 West Wesley Avenue , then s ubdi viding the land and r equesting a
variance to accommodate eight building lots with minor va ri a nces for lot width a nd
ar ea ; and
WHEREAS , the combined property could ultimately be deve loped with up to s ixteen
dw ellings as eight duplexes; and
WHEREAS , a variety of public objectives can be acco mplished with the
development ofthis property such as: 1) Introducing home designs with a more
attractive relationship with the street; 2) Developing de s irable floor plans; 3)
Increas ing the inventory of affordable new housing for home ownership ; 4) "Ra ising the
ba r" with better quality housing, hopefully pushing the private development
co mmunity towards higher standards in the neighborhood ; and
WHEREAS , by the passage of this propose d Ordinance the Engle wood City Co uncil
will a uthorize the purchase of 2357 We st We sley Avenue a nd the Englewoo d
Co mmunity Development Department will be able to purs ue future de ve lopm e nt at
t hi s loca tion;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood , Colorado hereby a uthori zes
the purchase of the 2357 West Wesley Avenue under the "Offer To Se ll Resid e nt i a l
Real Estate" which is attached hereto as "Exhibit A."
Sectjon 2. The Mayor and the City Clerk are authorized hereby authorized t o si gn
a nd a ttest the "Offer To Sell Residential Real Estate" for the purchase of 2357 West
Wesley Avenue on behalf of the City of Englewood, Colorado .
Int roduced, read in full , and passed on first r e ading on the 16th day of Octobe r ,
2000 .
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Published as a Bill for an Ordinance on the 20th day of October, 2000.
Read by title and passed on final reading on the 6th day of November. 2000 .
Published by title as Ordinance No.~ Series of 2000 , on the 10th day of
~ovember, 2000.
Thomas J . Bums, Mayor
A'ITEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000 .
Loucrishia A. Ellis
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OFFER TO SELL RESIDENTL.\L REAL ESTATE
This Offer is made on the I p;i. day of ,Q eMe+:, . 2000. MANUEL
RIOS and CLEOFES RIOS, 235i West Wesley Avenue. Englewood, Colorado 80110
[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.
SOUTHLAWN GARDENS ANNEX
County of Arapahoe. State of Colorado
also known as : 235i West Wesley Avenue
Englewood. Colorado 80110
toge ther \\'Ith all interest of Seller, all improvements thereon and all attached fixtures
thereon.
The purchase price shall be ONE HUNDRED AND FlFTI"-FIVE THOCSAND DOLLARS
($155 .000 .00) payable in U.S . Dollars by Buyer.
This Offer shall not be assignable by the City of Englewood without Seller's prior written
consent. Except for this restriction, this Offer shall inure to the benefit of and be binding
upon the heirs. personal representatives . successors and assign s of the parties.
Seller shall execute and deliver a good and sufficient Special Warranty Deed to Buyer,
conveying the Property.
The seller shall be responsible for customary closing costs i ncluding 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
that date .
Except as otherwise provided in this Offer . the Property and Inclusions shall be delivered
in the condition eX1Sting as of the date of this Offer, ordinary wear and tear excepted.
E !'-I TIRE AGREEMENT. This Offer constitutes the entire contract between the parties
re lating to the subject hereof. and any prior agreements pertaining thereto, whether oral or
wr itten. have been merged and integrated into this Offer .
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NOTICE OF ACCEPTA .. 1'1CE : COUNTERPARTS. If accepted. this document shall become a
contract 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
taken together shall be deemed to be a full and complete contract between the parties.
MANUEL RIOS
Seller: Manuel Rios
Date of Seller's signature: /D-1/-60
Seller's Address:
CLEOFES RIOS
Seller: Cleofes Rios
Date of Seller's signature:-------
Seller's Address:
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1975 1917 1'79 1981 IH] l!Hl5 1981 1989 IHI 1993 T4S
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ORDINAliCB NO._
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 86
INTRODUCED BY COUNCIL
l\fEMBER WOLOSYN
AN ORDINANCE AUTHORIZING THE PURCHASE OF 2399 WEST WESLEY
AVENUE BY THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the owners of the 2399 West Wesley wish to sell the property to the
City; and
WHEREAS, several potential uses are available for the property including sit es for
future AVS homes, sites for a home ownership initiative and sites to demonstrate
attractive single family attached dwelling design : and
WHEREAS , developing the subject residential property will r eqwre co mbining this
property with 2357 West Wesley Avenue, then s ubdividing the land and requesti ng a
variance to accommodate eight building lots with minor ,·ariances for lot width and
area ; and
WHEREAS, the combined property could ultimately be developed with up to s ixteen
dwellings as eight duplexes; and
WHEREAS, a variety of public objectives can be accomplished with the
development of this property such as: 1) Introducing home designs with a more
attractive relationship with the street; 2) Developing desirable floor plans; 3)
Increasing the inventory of affordable new housing for home ownership ; 4) "Raising the
bar" with better quality housing, hopefully pushing the private development
community towards higher standards in the neighborhood ; and
WHEREAS, by the passage of this proposed Ordinance the Englewood City Council
will authorize the purchase of 2399 West Wesley Avenue and the Englewood
Community Development Department will be able to pursue future development at
this location;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes
the purchase of the 2399 West Wesley Avenue under the "Offer To Sell Residential
Real Estate" which is attached hereto as "Exhibit A."
Section 2. The Mayor and the City Clerk are authorized hereby authorized to sign
and attest the "Offer To Sell Residential Real Estate" for the purchase of 2399 West
Wesley Avenue on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed 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.
Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No . _, Series of 2000 , on the 10th day of
November, 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 the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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OFFER TO SELL RESIDENTIAL REAL ESTATE
This Offer is made on the /t,"7C day of C'l:,m I Cl . 2000 . by WlLLL-\.\1
~URTIN TELFER. DANIEL DEE TELFER. JAY EUGE~E TELFER A.i.'\i"D RICHARD
ROBERT TELFER, AS JOI;-."'T TENA.i.'1TS . OF ARAPAHOE COUNTY. 2399 West Wesley
Avenue. Englewood. Colorado 80110 [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:
Lots 3i-38, Block 1 EX West 5 Feet and EX '.'forth 25 Feet for roads ,
SOUTHLAWN GARDENS ANNEX,
County of Arapahoe , State of Colorado
also known as : 2399 West Wesley Avenue
Englewood. Colorado 80110
to gether with all interest of Seller, all improvements thereo n and all attached fixtures
t hereon.
The purchase price shall be ONE HT.;~l)RED .-\.';1) EIGHTY THOT.;SA'.','1) DOLL.\.RS
(S180 ,000 .00) payable in U .S. Dollars by Buyer.
Tlus Offer shall not be assignable by the City of Englewood without Seller's prior written
consent. Except for this restriction . tlus Offer shall inure to the benefit of and be binding
up on the heirs , personal representatives. successors and assigns of the parties.
Seller shall execute and deliver a good and sufficient Spec1:1! Warranty Deed to the City o f
Englewood. conve};ng the Proper.y.
The seller shall be responsible for customary closing co s t s 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
that date .
Except as otherwise provided m 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 ;>J TIRE AGREE~IE:s!T . This Offer constitutes the entire contr::ict between the parties
r el ating 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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NOTICE OF ACCEPTANCE : Cou·~,i'l'ERPARTS . lf accepted , this document shall become a
contract 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
taken together shall be deemed to be a full and complete contract between the parties.
Ud.i. -glc $ {2../ ,I). ~ --0-~µ
Seller: William Martin Telfo
Date of Seller's signature: ~-~ /tJ, #~~ •
Seller's Address :
Date of Seller's signature : S,.oe&,, ~ 26410
Seller's Address: 34,3 3 /,,.J. f3 •W4.£i k~
~tTTL.0'9~ '1,u,,t.440 ~/J.J·:lYfO
Date of Seller's s ignature : &n,4£«,, f(s« :l.~~0
Seller's . .\ddress : ~t i1-P~tll& A.oo.tr1~ s."' tu,~.1 ~,,-.~...,. ,:.,~1-JH'5"
Date of Seller's signature: 6','[r16C,L/C, ~ I
Sdler's Address : 12 ~tjc-J~c
&ria PAJUr., ~ .... ~s,r
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POWER OF ATIORNEY
WILLIAM M TELFER, 407 Wiley Street, Encampment,
Wyoming 8232S-03 l3
DANIEL D. TELFER. 3433 West Bowles Avenue, Littleton,
Colorado 80123-2850
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~OW 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 DA!'lIEL 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, SOUTI-ll.A WN GARDENS ANNEX
EXCEPT THE WESTERLY 5 FEET THEREOF A.i"IID
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 v.ith all whom it ma y
concern to ratify and confirm all lawful acts done in pursuance of this power and hereby giving and
granting unto the said DA.'lIEL 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 full y to all
intents and pwposes as I might or could do if personally present.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
2"',t!i'?H,h,.. , 2000 .
STATE OF WYOMING
COUNTY OF (_._. F :s..,,,
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) 91
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WILLIAM M. TELFER
h±L-dayof
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Public in and for the said County,~ do hereby certify that Wll.LI.Ai\l M.
TILfER, 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. sealed.
and delivered the said instrument of writing as his free and voluntary act and deed. for the uses and
purposes therein set forth .
2000.
GIVEN UNDER MY BAND A!"'ffl SEAL THIS__,\>._~_,..._ DAY OF ..S ,A;...,,.,~ , s::: ,
WI"Th""Es,$ MY BA+'lD .;\+"'ffl OFFICIAL SEAL
My commission expires : _ __,\_-_\'::\ ___ --',l.;=--s;."-'~ ... 3 ....... ________ _
KAREN YOUNGBERG . NOTARY P1JBUC c::•= lt y Comm 1ss ,n1 E1p11es 01/14/2003
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Address of Notary Public:
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POWER OF ATTORNEY
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 DA.'lIEL D. TELFER, with full and complete authori ty, \\'i thout reservation of any
right whatsoever, to sell and convey the following described real property in fee simple , to,wi t:
LOTS 37-38, BLOCK 1, SOUTHLA WN GARDE NS .'1..'\INE X
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 kno .... n
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, he reby 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.~lEL 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 full y to all
intents and purposes as I might or could do if personally present.
IN WITNESS WHEREOF, I have hereunto set mv hand and seal this ----=3~fZ..D....;;.... __ day of
SE:?Tt;MP:,Ef2., 2000 . •
STA TE OF COLORADO ))
) 9S
COUNTYOF h"-1\/EP-))
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I. MELlSA; )). 2A-R.A§ozA-a Notary
Public in and for the said County. in the State aforesaid. do hereby certify 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. sealed.
and delivered the said instrument of writing as his free and voluntary act and deed. for the uses and
purposes therein set forth .
GIVENUNDERMYIIA.'IDANDSEAL THIS 3,e,c DAY OF S:,pTemgEg,,,
2000.
WITNESS MX RA+'ID A.'fD omcµL SEAL
~'.j).~
Notary Public
Address of Notary Public:
1::u~iNE~s-Nec.u MoNE '1 bcPl2~S:s
Clbl £. ~LFA~ A.ve .
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POWER OF ATTORNEY
JAYE. TELFER, 6987 Parkside Avenue, Building B, 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 DA.~L D. TELFER, with full and complete authority , without 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, SOUTHI..AWN GARDENS ANNEX
EXCEPT THE WESTERLY 5 FEET THEREOF Ai"ID
EXCEPT THE NORTHERLY 25 FEET THEREOF ,
Being situate in the City of Englewood, County of Arapahoe, State of Colorado commonly known
and nwnbered 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 \\-ith 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.~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 ¥SS WHE1'.'i:i-. I have berewuo J...,. ""1 seal u,;, __ £'---<-T....:.H"--_ day of
,.pun' Z1--
STATE OF CALIFORNIA ))
COUNTY OF ..P..,., 'So,"'M
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SEE ATTACHED
ACKNOWLEDGEMENT
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a Notary
Public in and for the said County, in the State aforesaid, do hereby certify that JAYE. 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, sealed, 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.~ A.~ SEAL THIS .;5~ DAY OF~/_·
2000.
WITNESS MY BAND AND OFFICIAL SEAL
My commission expires : --,i'-+i-=z/,=-1.,....f .. z.o=.::oa..:I'"------------
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UPDATED: 03/29/99
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S0'1TH
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BZSOLUTION NO._
SERIES OF 2000
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A BZSOLUTION AUTHORIZING THE ENGLEWOOD PUBUC UBRARY TO
IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 13 ,
21N 'ftlllOUGH DECEMBER 15, 2000.
WHEREAS , the Englewood Public Library has sponsored a "Food for Fines" program
during the November/December holidays for the past nine years; and
WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay"
them off through the donation of non-perishable food items; and
WHEREAS, the food items are then forwarded to the lnterFaith Community Services for
distribution to financially disadvantaged families in the Englewood area; and
WHEREAS, the program is a benefit to the community in that the disadvantaged are
assisted and the air cleared with respect to fines and the City receiving its library materials
back;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
$ection 1. The Englewood City Council hereby authorizes the Englewood Public Library
implementation of the annual "Food For Fines" program from November 13 , 2000 through
December 15, 2000 . The "Food For Fines" will then be forwarded to the lnterFaith
Community Services for distribution to financially disadvantaged families in the Englewood
area .
ADOPTED AND APPROVED this 6th of November , 2000 .
ATTEST:
Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No.~ Series of 2000 .
Loucrishia A. Ellis
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Date
November 6 , 2000
Initiated By
Library Department
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COUNCIL COMMUNICATION
Agenda Item
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Staff Source
Subject
Englewood Public Library's Annual
"Food for Fines" Program
Hank long, Director of Library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
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The library has sponsored this program for the past ten years . and each year the City Council has voiced their support of
the program .
RECOMMENDED ACTION
The library Department recommends City Council approval of a Aeeolutior, aulhoriztlg the library Department to
implement its annual "Food for Fines" program from Monday, November 13 through Friday, December 15, 2000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
For the past ten years, the Englewood Public Library has sponsored its ~ood for Fines" program during the
November/December holidays. This annual program allows patrons with overdue fines to "pay " them off through the
donation of non-perishable food items , e .g. one food tt,m cancels out the late charges (not lost or damaged charges) on
OQ1 omJlut Hllm . Food items must be presented to the Library Staff at either the Circulation Desk or at the Bookmobile
in order for the fines to be cleared from the patron's computer record . The collected food items are then forwarded to
lnterFaith Community Services for distribution to financially disadvantaged families in the Englewood area . This program
has been warmly received by the public since its inception. Besides providing resources to needy families in this
community, the program presents a positive image of the library and the City , i.e. a "win-win" situation for everyone
involved. The 2000 program will run for five weeks .
FINANCIAL IMPACT
The Library averages $1,200-$1,500 per month in collected ·late fines" (i.e . charges on books and other items returned
past their due date) which go back into the City's General Fund. During the month of December for the past few years .
this amount of overdue fines has dropped to an average of $800-$1 ,000. no doubt in response to the "Food for Fines"
program . This most likely means that the City will again lose $400-$600 in overdue charges during this year's "Food for
Fines" program .
LIST OF ATTACHMENTS
Proposed resolut ion
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COUNCIL COMMUNICATION
Date Subject
November 6 , 2000 State of Colorado
Agenda Item
..a 10c i "State Grants to L ibraries" Program
Initiated By
Library Department
Staff Source
Hank Long , Director of Library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This is the first year that the State of Colorado has provided this program, so th e re 1s no previous Council Act ion .
RECOMMENDED ACTION
The Library Department recommends City Council approval of a molion authorizing the Library Department to apply to the
State of ColoiMD for funds under the -,r,uai State Grants to Libraries program .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Prior to this year and the implementation of the State Grants to Li braries program. Colo rado was o ne of o n ly fi ve states
that did not receive any direct state funding . This year the Co lorado Legislat u re passed a declaration (CRS 24-90-242 ).
later signed by the Governor, for the purpose of making " ... grant moneys ava il able to public ly -supported hb ra nes . including
public libraries, school libraries. and academ ic libraries . to enable t hese 1nst nu t1ons to obtain educational resources they
would otherwise be unable to afford . to the end that the state will receive the corresponding benefits of a better educate d
and informed population ." While the State Grants to Libraries program is voluntary and wh il e every public ly-supported
library is eligible , each library must apply to the Colorado State Library --· the agency responsible for administeri ng this
program and its related funding ••• in order to be considered .
One of the requirements of the State Grants to Libraries program is that each library that accepts these funds will
implement a procedure to limit the ability of minors ••• those under age 18 ••• to gain computer access to materials that 1s
obscene or illegal. We believe that the Englewood Public Library's ·smart card " system and its associated Internet Polley
and its Acceptable Internet Use Agreement meets this requirement.
FINANCIAL IMPACT
Th is is intended to be an annual program , depending on actual avail able appropri at ions . It is included 1n the Colorad o
State Library's continui ng budget . Under th is program. each qualifying li brary will receive not less than $3.000 . Beyond
that base level. additional funding per library is based on its per capita or per student service leve l.
For 2000-2001 . the Englewood Public Library is slated to receive $9,119. If some qualifying li braries fa il to apply , their
avail able funds will be d ivided among those qualifying libraries that do apply , which may result in an increase in EPL's
funding . This will not be known . however, until the Colorado State Library receives the qualifying applications. Th is year's
deadline for applications is November 17, 2000.
These funds are designated for educational resources . i.e . library materials . and cannot be used for staff or computer
equipment.
LIST OF ATTACHMENTS
1 . Motion
2 . Completed "Appl ication Form for State Funding Grants 2000-2001 for Public Libraries"
3. "State Funding for L:braries FAQs"··· as prepared by the Colorado State Library
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APPLICATION FORM
ST ATE FUNDING GRANTS 2000-2001
FOR
PUBLIC LIBRARIES
Name of Library Englewood Public Library
Address 1000 Englewood Parkway
City/State/Zip Englewood, CO 80110
Contact person Hank Long, Library Director
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Telephone --=3=0=-3--'-7=62=---=2=57""'2=-------------
F ax -=3=-03~-~78=3~-6=-8=9=0~~~~~~~~~~~
E-mail hlong@englewood.lib .co.us
FEIN (Federal Employer Identification Number) -~8_4_-6~0~0-0-5-8-3 __________ _
This certifies that the ____ ~E=n=g~le~w~o=o=d~P~u=b~li~c=L=ib~ra=ry ___________ _
(name of the Public Library )
meets all the Qualifications to Receive Funding for a public library :
1. Legally established and operated under Colorado Library Law . Yes .JL No
Legal establishment document is on file at the State Library .
2 . Borrows and lends to other Colorado libraries without a charge Yes _lL No
3 . Belongs to the Colorado Library Card (CLC) program Yes _lL No
<http ://www. cde .state. co. us/downloadlpdf/sf_ clcmanual.pdf>
4 . Participates in the Colorado Library Computer Network by providing Yes X No
the at least one public computer in 50% of public libraries available to
general public that accesses the World Wide Web , including the
Colorado Virtual Library on ACLIN .
5. Makes no charges to primary clientele to use the ILL service Yes_lL No
or access the Internet or World Wide Web
6 . Meets Internet access for minors requirements in Yes -1L No
C .R.S . 24-90-404 (d) (I, II, Ill)
7 . Library is open an average of at least 20 hours a week for Yes_lL No
public access to library services .
8. Staff the library with person/s paid with local tax funds during Yes -1L No
all hours library is open to the public .
9. Will use funds to purchase educational materials Yes_lL No
10. Reporting -will submit report to State Library annually Yes -1L No
10/6 /00 17
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11. Complies with Maintenance of Effort requirements Yes....!... No
C.R.S . 24-90-404 (2)(e) Total operating income from local tax sources, excluding capital
expenditures and grants to the library:
FY98~~$~9~9~9,~1~05~~~~~~~~~~~~~~~~~~~
FY99_.......,,_$~1~,1~1~7,=6~70=---------------------
FY 00_.......,,_$~1~,1-'-7=0,=67~0=---------------------
Total __ .._$.,,_3=,2=8"'""71'"'"44-'-5""----------------------
Average for three years~$.__.1,=0=95""''"'8-'-1=5 _________________ _
Local tax operating income to the library for FY 2001_=$~1~,2=0=5~, 1=2=2~-------
12 . Any reduction in local income must not result in a cut to the library funding greater than the
percentage cut in the governing body's income
If 2001 library center budget is less than the average for the previous three (3) years, please
provide the following information :
% reduction in governing entity income between FY99-FY2001 _______ _
% reduction in libraries budget FY99-FY2001 _____________ _
13 . Under the TABOR amendment , can you accept the amount allocated to your organization?
Yes....!._ No
Cha ir of Board of Trustees Title Date
or other appropriate authority
Library Director Title Date
For State Library use only
Meets eligibility requirements Yes No
Grant Award $ ________ _
Deputy State Librarian Date
10/6/00 18
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State Funding for Libraries FAQs
Frequently Asked Questions Regarding State Funding for Libraries Grants
Q : Can overhead or grants admirustration charges be funded from the allocations received by library agencies ?
A: No, the law specifically states that all funds received under this grant must be used for purchasing educational resources .
Q : May the allocated funds be used to purchase CARL Web Access ?
A: No, the funds must be used for a product of content, as in educational resources.
Q : As a new applicant of the CLC, should we anach a copy of the Participation Agreement Form to the grants applicanon form .'
A: It is not a requirement that you send in the CLC participation form with the sta te funding application, but yo u may if you choose
The CLC form must be on file with the state library by November 17th.
Q : How should a district fill out a v erage funding years if the district is o n a split year budget cycle? (e.g .. '98-'99)
A : Indicate in space provided the split years cyc le (e.g ., '97-'98 for the '98 year and so forth).
Q : Is it an absolute requirement that school disni cts participate in the CLC in order to qualify for the funds ?
A: Yes . School districts should consider joining as associate members rather than as full members. For information on becomin g ,m
associate member ofCLC, visit the web site http ://www.cde.state .co.us/cdclib/download/pdf/s lclcpolicv.pdf
Q : Is this a one rime program or will it continue from year to year?
A : The program is intended to be an annual program. Acrual appropriations . of course, depend on le gisla tive action . It is m the ta ic
Library's continuing budget.
There bas been considerable interest in SB 85 . the bill that provides State Grants to L1branes . The acrual co ntent and provi sions o f u,e
bill have been reported, but not always with important qualify ing detail. These quest1ons-and--a nswers explain the prov is ions of th e b il l
in preparation for implementation.
State Funding Q&A
What is the stated purpose of the SB 85?
The Legislative declaration (24 90 402) states that the purpose 1s " ... to make grant moneys available to publicl y-supported librari es.
including public libraries, school libraries, and acadcrruc hbranes, to enable these msnrunons to obtain educanonal resources the y
would otherwise be unable to afford. to the end that the state will recei ve the corr esponding benefits of a bener educated and in forme d
population."
What libraries are eligible to appl)' for grants?
The bill will make grant monies available to " ... publicly-supported libraries , mcluding public libraries, school libraries. and academ ic
libraries ... " (CRS 24-90-402). The definitions of acaderruc , coun ty, joint. library district, and municipal librarie s are de£ined m tlu s
bill in the same way as in Library Law. 24-90-101 . For the purpose ofth1s bi ll . school libraries arc defmed as, " ... established and
maintained b y a particular school district and shall not mean each se parate or individual lib rary facility established and maintained by
such school district."
Do we need to install filters on all our computers?
The bill offers three options to libraries. Toe library can choose which option best meets the needs of its community.
24-90-404(c) In the case of a school library that provides one or more public access computers:
(I) Equip each such computer with software that will limit the ability the ability of minors to gain computer access to matem l
that is obscene or illegal ; or
(II) Purchase internet connectivity from an Internet service provider that provides filter services to limit the computer acce ss of
minors to matcnal that is obscene or illegal; or
(Ill) Develop and implement a pol icy, adopted by the board of education of the school district that mainta ins that library, that
establishes and enforces measures to restrict minors from obtaining computer ac cess to material that is obsce ne or illegal.
24-90-404(d ) In the c ase of any publicly-supported library othCf than a school or ac a demic library that provides one or more public
access computers :
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(I) Equip each such computer with software that will limit the ability of mmors to gain compute r access to matenal that 1s
obscene or illegal : or
(II } Purchase Internet connectivity from an Internet service provider that provides filter services to limit the co mputer access o f
minors to material that is obscene or illegal : or
(Ill) Develop and implement a policy, publicly adopted by the governing body of such library, that establishes and enfo rce s
measures to restnct mmors from ob taming co mputer access to matcnal that is obscene or illegal.
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For the purposes of this bill, what is a minor?
The bill defines minor as "any person under the age of 18 ."
What can my library purchase with this money?
24-90-402 states: "The General Assembly hereby finds and declares that the purpose of this part 4 is to ... enable these inmrunons to
obtain educational resources they would otherwise be unable to afford ... ". "Education resources" is defined as "o ne or all of the
following : books, periodicals, or any other form of pnnt media; audiovisual materials ; and electronic information resources ."
"Electronic information resources" is further defined as "material of an educational or informational nature that ma y onl y be ac cessed
by computer or electronic terminal." No computers or Internet access may be purchased with these grants . No staff ma y be hired wnh
these grants.
How does a library apply for this funding?
24-90-205 places the administration of this grant program with the Colorado State Librarian . An application form will be develope d
and provided to libraries by the Colorado State Library . Libraries should return this form to the State Library for approval and to be
awarded the grant funds .
Does my library have to apply for the grants?
The program is voluntary . Libraries and school districts that choose 10 apply will be required to complete a two-page applicatt o n fo m1.
How much will my library receive?
24-90-405 (c)(I) specifies that an amount not less than 53,000 will be awarded a public library " ... that satisfies the requiremen ts of
this pan ... Notwithstanding the fact that a public library ... ma y mamtam more than one separate or individual library facility. a public
library shall be considered the equivalent of one eligible parnc1pant ... ". llus means that each library legal entiry. not each branch .
will receive funding . The library board then detemuncs the dismbunon to branches/members . 24-90-405 (c)(ll) specifies that a school
library " ... that sansfics the requirements of this part ... " will be awarded nor less than $3.000 " ... Notwithstanding the fact that a school
library ... may maintam more than one separate or individual ltbrary faciltty under its control. a school library shall be considered the
equivalent of one eligible participant ... ". This means that each school district, nor each school building will be awarded the funding .
The district then determines the distribution of the funds 10 individual media centers. 24-90-405 (c)(III) specifies that each publicl y
supponed acadcrruc library " ... that satisfies the requirements of this pan .... may be awarded an amount that shall not be le ss than three
thousand dollars . Notwithstanding the fact that an institution of higher education may maintain more than one library at the same or
additional campuses, each such institution shall be considered the equivalent of one eligible participant ... " This means that the
funding will be awarded to the library system of each academic institution, not to each library of the instirution . The li brary sys tem of
the insntunon then determines the distribution of the funds. After all libraries have been allocated $3000, the remammg pomon will be
divided up among libraries based on population.
What requirements must I meet in order to receive a grant?
24-90-404 Qualifications
"In order to obtain grant moneys ... each eligible participant shall agree to :
a) use any grant money only for the purchase or use of educational resources ...
b) participate as the state librarian dcerrts appropriate in various prograrrts established to promote and enhance interlt brary sha n ng
of resources and information including, without limitation, the Colorado library card reciprocal program and th e Coiorado library
computer network."
Please see draft administrative procedures for all requirements .
When will the grants be available?
The money became available on July I , 2000, but the bill requires that administrativ e procedures be developed before n 1.s re lea sed
The funds will be available in the fall of 2000.
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ORDINANCE NO. i
SERIES OF 2000
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BY AUTHORITY
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CO U NCIL BILL NO . 74
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 5, CHAPTER 26, SECTION 4, PERTAINING
TO DESIGNATED COLLECTION DAYS.
WHEREAS, the issues prompting the exploration of municipal solid waste
management include environmental impacts, neighborhood aesthetics, noise, the
numbers of trucks in a neighborhood as well as wear and tear on City Streets; and
WHEREAS, Englewood's current private subscription system increases impacts on
residential neighborhoods ; and
WHEREAS, trash collection service is offered by five different trash companie s five
days of the week ; and
WHEREAS, trash collection on one block may happen each day of the week ; a nd
WHEREAS, neighborhood aesthetics are negatively impacted by the tras h on curbs
and in alleys throughout the week; and
WHEREAS, overlapping routes often bring three or four trucks onto a residential
street or alley on any given week day; and
WHEREAS, municipal solid waste management has been a n iss ue of the City
Council since the early 1980's; and
WHEREAS, the Keep Englewood Beautiful Commiss ion was formed in 1991 to
examine environmental issues impacting the City of Englewood ; and
WHEREAS, one of the issues researched by the Keep Englewood Beautiful
Commission was Municipal Solid Waste handling; and
WHEREAS, in 1992 at City Council's direction , the Keep Englewood Be a utiful
Commission held a public hearing in March to discuss trash collection i ssues; and
WHEREAS, Englewood residents voiced strong opposition to a curbside
requirement and no further Council action occurred at that time ; and
WHEREAS, in 1997 the Keep Englewood Beautiful Commission concluded a two
year study that included discussions with area trash hauling companies, analysis of
surrounding municipal trash collection policies and review of the current ordinance, at
which time the Keep Englewood Beautiful Commission presented the Municipal 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 Council reviewed alternatives and recommendations fr om
Keep Englewood Beautiful Commission and determined to pursue designated
collection days: and
WHEREAS. City Council referred this matter to Keep Englewood Beautiful to
determine what days should be selected;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COU:-.ICIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon l. The City Council of the City of Englewood , Colorado hereby amends Title
5, Chapter 26, Section 4, with the addition of a new Paragraph D, to read as follows :
5-26-4ID}: DESIGNATED COLLECTION DAYS:
~-A license holder shall limit residential trash hauling and collection to
Mondays and Wednesdays
!, In the event a work holiday fall s on a regularly scheduled Mondav or
Wednesday the residential trash collection shall be the following dav.
~-License holders shall provide an alternative plan for exceptions to the
scheduled collection day based on severe weather or inadvertently
missed customers. This schedule must be submitted with the license
application and approved by the Licensing Officer before the granting of
the license .
I}. ~-The htttiet' license holder must dispose of trash is a state or federally
approved site or facility and the disposal shall not be in violation of any
federal. state, county or City rule or regulation.
E. ~-The license& htttief' holder must notify the Licensing Officer of License
holder's location for disposal and shall notify the Licensing Officer of any
change in location within thirty (30) days.
~-Q. No license& httttleP holder shall operate any trash compacting mechanism on
any motor vehicle nor shall 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 such compacting or collection activities take place within or
across the street or alley from a residential district or within three hundred
feet (300') of a hotel.
G.~. Insurance Required . License holders are required to maintain the following
levels of insurance:
1. All motor vehicles used in the operation of the licensed business shall
be insured under the laws of the State of Colorado.
2 . The license holder shall at all times have Comprehensive General
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Liability Insurance with a minimum combined single limit of liability
for bodily injury and property damage of one million dollars
($1 ,000,000.00) per occurrence and in the aggregate.
Failure to maintain such insurance or to provide such evidence on request
shall be cause for immediate revocation of the license.
H. J. Transfer. Trash hauling licenses are not transferable.
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Section 2. Safety Clauses The City Council. hereby finds. determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health. safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 3 . Seyerabjljty If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of co mpetent Jurisdiction invalid. such judgment shall
not affect impair or invalidate the remainder of tlus Ordinance or its application to
other persons or circumstances.
Section 4 lnronsj1tent Ordjnanct1 All other Ordinances or portions thereof
inconsistent or amflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or confuct.
Section 5. Effect of repeal or mgdjfjcatjon The repeal or modification of any
provision of the Code of the City of Engle wood by this Ordinance shall not release.
extinguish. alter. modify , or change in whole or m part any penalty . forfeiture . or
liability. either civil or criminal. which shall have been incurred under such provision ,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions. suits. proceedings, a nd
prosecutions for the enforcement of the penalty, forfeiture , or liability. as well as for
the purpose of sustaining any judgment, decree , or order which can or may be
rendered, entered, or made in such actions, suits, proceedings , or prosecutions.
Sectjon 7. fena.l.u'.. The Penalty Provision ofE.M .C . Section 1-4-1 shall apply to
each and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the 16'h day of October,
2000 .
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Published as a Bill for an Ordinance on the 20th day of October, 2000.
Read by title and passed on final reading on the 6th day of November, 2000.
Published by title as Ordinance No . _, Series of 2000, on the 10th day of
November, 2000.
A'M'EST :
Thomas J . Burns, Mayor
Loucriahia A. Ellis, City Clerk
I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado . hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and publiahed by title as Ordinance No . _, Series of 2000.
Loucrishia A. Ellis
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