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Home My WebLink About2000-03-06 (Regular) Meeting Agenda- ----------··------------------~-----------~---~----------· • .. .. • -.. March 6, 2000 Re gular City Council Meet i ng ' . .. .. . ' ·, 0 • - • • t,.. !';., .. E • • - ENGLEWOOD CITY COUNCIL MARCH 6, 2000 ORDINANCE#~,,,:~~ 11, 12, 13, 14, 15 RESOLUTION # 38, 39, 40, 41, 42, 43, 44, 45, 46, ,. . .. 0 .. .. 0 0 I • 0 xi • • -• I . CaU to Order . . ·.•'" ,r-• • • - ENGLEWOOD CITY COUNCIi. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 6, 2000 .. The regular meeting of the Englewood City Council was called to order by Ma yor Burns at 7:52 p.m . 2 . lnvOl"ation The invocati o n was given by Council Member Nabho lz . 3 . Pkd1e or Alleglaoce The Pledge of Allegiance was led by Ma yo r Burn s. 4 . Roll Call Prese nt : Absent : A quorum was present. Also present : Council Members Nabh lz. Grazuli,. Brad ;,haw. Wo lo,yn. Yurchick. Burns Council Member Garren Ci ty Manager Sears City Anorney Brotzman C it y C lerk E lli s Assistant C it y Mana ger Flahert y Directo r Simpson. Commun11 y Dc,clopmcnt Mayor Burns advised that Council Member Garren is o n hi s way bac~ from Was hingt o n D.C. 1o ni ght. Mayor Burns said he wo uld hke 10. o nce again . welc o me Ann Nabholz ba ck. He staled i1 1 wo nderful 10 see her as she has had qui1 e a siege . He noted she ha s received a 101 o f pra ye rs and a 101 of good wi she s and ii is jusl greal 10 see her bac k with us again . Council Member Nabholz !hanked Ma yo r Burns. 5. Minutes (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 22. 2000. Ayes : Nays : Abstain: Absent : Mo ti o n carried . 6. Scheduled Visitors There were no sc heduled visi1 ors . Council Members Brad shaw. Wo losy n. Yurc hi c k. Grazulis. Burns No ne Council Member Nabholz Council Member Garren • " ) I • C, - • • -• Englewood Cit)' Council Man:h 6, 2000 Page 2 7. Non-scheduled Visitors I • ,"'' There were no non -sc heduled visi to rs . • • - 8 . Communications. Proclamations and Appointments ,, (a) A letter from Ru1h Han sen indi cating her res ignation fr o m the Eng lewood C lean. Green and Proud C o mmi ss ion was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO ACCEPT WITH REGRET THE RESIGNATION OF RUTH HANSEN FROM THE ENGLEWOOD CLEAN. GREEN AND PROUD COMMISSION. Ayes : Nays: Absent : Mo ti on camcd . Coun cil Members Nabh o lz. Bradsha w. Wo losy n. Yurchick. Grazulis. Burns No ne Council Member Garren 9 . Public Hearing No public hearing was sc hedul ed before Coun ci l. 10 . Consent Agenda (a) Approval of Ordinances o n First Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IO (a) (i) and (ii) ON HRST READING. (i) COUNCIL BILL NO . 14 . INTRODUCED BY COU C IL M EMB E~ BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOV ERNM ENTAL AG REE ME l'-T BETWEEN ARAPAHOE COUNTY AND THE C ITY OF ENGLEWOOD FOR THE P RPO E F EXCHANGING GEOGRAPHIC DATA . (ii ) COUNC IL BILL NO . 13. INTRODUCED BY COUNC IL MEMB ER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE ACCEPTANCE OF TWO EASEMENTS LOCATED AT 4601 SOUTH SANTA FE GRANTED TO THE C ITY AS PART OF A MINOR SUBDIV ISION BY DUGGAN PROPERTIES L.L.C. Vote results: Motion carried . (b) Aye s: Nays : Absent: Council Members Nabholz . Bradsha w. Wo losyn. Yurchick . Grazulis. Burns None Council Member Garrett Approval of Ordinances o n Second Reading • ) I • 0 • • Englewood City Council March 6, 2000 Page3 • • -' COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii), (iii) and (iv) ON SECOND READING. (i) ORDINANCE NO. 7. SERIES OF 2000 (C OUNCIL BILL NO. 7. INTRODUCED BY COUNCIL MEMBER BRADSHAW } ... AN ORDINANCE AMENDING VARIOUS TITLES OF THE ENG LEWOOD M UN IC IPAL CODE OF 1985 RECOGNIZING THE ORGANIZATIONAL STRUCTURE OF THE C ITY . (ii ) ORDINANCE NO. 8. SERIES OF 2000 (C OUNCIL BILL NO . 8. INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 7. CHAPTER 6F. OF THE ENG LEWOOD M UN IC IP AL CODE 1985. WHICH AMENDS THE DEFINITION OF GRAFFITI. (iii ) ORDINANCE NO. 9 . SERIES OF 2000 (C O UNC IL BILL NO. 10 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 2. C HAPTER 10. OF THE ENGLEWOOD M UN IC IPA L CODE 1985, PERTAINING TO THE ENGLEWOOD CODE E NFORCE MENT ADVISORY CO MMITT EE (iv } ORDINANCE NO . 10, SERIES OF 2000 (C O UNC IL BILL NO . 11 . INTRODUCED BY COUNCIL ME MB ER WOLOSYN ) AN ORDINANCE AMENDING TITLE 3. OF THE ENGLEWOOD M UN IC IPAL CODE 1985. WIII C II PERTAINS TO MUNICIPAL OFFICERS AND EMPLOYEES . Vote results: Ayes: Nays: Absent: Motion carried . Council Members Nabho lz . Bradshaw. Wo losyn. Yurch,ck . Grazuli s. Burns None Co uncil Member Garrell (c) Resoluti o ns and Motions COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IO (c) (i) and (ii). (i ) PURCHASE OF A TELESQUIRT FIR E TRUCK FROM AMERICAN LAFRANCE IN THE AMOUNT OF $451 ,2 76 .00. (ii ) PURCHASE OF AW ALL BE D SYSTEM FOR TH E JEFFERSON FIRE STATION FROM SPACE ADVANTAGES IN TH E AMOUNT OF $26.918.54 . Vote results: Ayes: Na ys: Absent: Motion carried. 11. Regular Agenda Counci l Members Nabho lz . Brad shaw. Wo losyn. Yurchick. Grazulis. Burns No ne Council Member Garrell • ., ) I • 0 • • -• Englewood City Council March 6, 2000 Page4 • • -' (a) Approval of Ordinances o n First Reading (i) As sistant C'11y Manager Flaherty presented a recommendati o n from the C 11 y Managers Office to approve a bill for an ordinance approving an amended agreement with the Mu se um o f Outdoor Arts (MOA). He stated that follo"·ing the initial approval of the agreement with th e Mu se um o f Outdoor Arts. the space that David Taylor wa s cons idering utilizatio n of. in the Civic Ce nter. was deemed to be inappropriate for that use . Fo ll owi ng tha1 dec is io n. he advised. the Mu.eum of Outdoor Art s approached the City regarding the use o f add11ional space o n these o nd fl oor ultural faciltty a nd. after a number of meetings we ha\'e brought ba,·k an amendment that we believe addresse Counctl's concern,. Mr. Flaherty advised that approximatel y 4.000 square feet will remain available for the C it y to ut1hze fo r it's own cultural purposes . the Museum of Outdoor Art, "111 assume re po nsib1l1t y fo r the lo bby gallery which will be o pen to the publi c during their ho ur s of o perati o n. the Ci ty will ha ve the exclusive ri ght and responsibility for scheduling the Ci ty's c ultura l s pace and "111 ha,e first pnortt ) fo r 11 s use . Add1t10nally. the Museum of Outdoor Art s will have the o pportunity to utili ze up to 90 uses annually. any use s above 90 would be at the City's tandard rental rate fo r that s pa e. the Ctty ha s the right under the amended agreement to utilize . with o ut charge. MOA ·s gallery. studio s pace and confere nce rooms and no n- competition language was added to the agreement and an agreement between the pames to cooperate in th e scheduling of event~ and program s for the City's c ultural s pace. He asked 1f Coun c il had an y que,1i o ns. Mayor Burn s said he th o ught that 111corpora1e s everything the y had talked ab<>ut ,n Co un ci l's consi derab le discuss ions with them . Mayor Burns asked if there were any questions or comments from Council members o n the amendment. COUNCIL MEMBER YURCHICK MOVED TO TABLE THIS UNTIL THEY RECEIVE THE FINANCIAL INFORMATION HE REQUESTED FROM THE MUSEUM OF OUTDOOR ARTS. Mayor Burns said he talked to City Attorney Br tzman a little b11 about thi s and he realizes thi s is kind o f a sore point at this point . but he hates to dela y anything because he th o ught they needed the go ahead in ord e r to do their final planning and improvements . He stated he understands that the tax information ha , to be forthcoming. it has to be released . He asked Mr. Bro tzman 1f that wa s right. if he could address that. C1 1y Attorney Brotzman advised that the tax informatio n 1s mandatory. the y mu st release that in for mati o n. Council Member Bradshaw pointed o ut . as a point of o rder. tha1 there is no di sc ussio n o n a mo1io n to table . Mayo r Burns no ted that a moti on to table is different than a mo to o n 10 defer. He sa id that . as he understand s it . a mo tion to table means tha1 yo u ha ve to vote two-third s to bring it back o ff the ta b le . C tt y Attorney Brotzman said that was correct. In re s ponse to Mayor Burn s. City Att o rne y Brotz man explained that a d ifferent moti o n wo uld be to move to continue until there was receipt of the tax informatio n. Council Member Yurchi c k advi sed he "')uld change hi s mo ti o n to "move to continue". Mayo r Burns asked if that wo uld all o w discuss io n. C ity Attorney Brotz man ad vised there is nn di sc uss io n on a moti o n to continue. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO CONTINUE THIS UNTIL THEY RECEIVE THE FINANCI.U INFORMATION HE REQUESTED FROM THE MUSEUM 0t· OUTDOOR ARTS. Ayes : Nay s : Council Members Nabholz. Brad shaw . Yurc hi c k. G razuli s Council Members Wolosyn . Burns • ) I • 0 • • • Englewood City Council March 6 , 2000 Page5 Absenl: Motion carried . ;,- ' . ,•- Council Member Garren .. " • .. • • .. Mayor Burn s expla ined thal th e o nl y rea so n he did that was thal he und erstand s th e financial infor mati on has to be fo rthcoming . He said he undersiand s Co unc il Member Yurchick 's fru stra1ion and thi, is nm Mr. Lo ntine ·s do ing . that is the Board talking here. He commen1ed th at the y ha ve alwa ys been very secreti ve. every time we ha ve talked to the m the past couple of years . a nd ii is ve ry annoying 1hat the y are 1101 producing thi s at thi s point. He sa id he fully understand s Mr. Yurchick's an gst o n thi s and he voted no only because he understand s 1hi s ha s got 10 be produced and the y have got to get ii o ut. Ma yo r Burns said he thought he wo uld give Cynthia Madden a call and j ust 1alk 10 her a littl e bit abou1 thi s. because it 1s nm appropriate that they are withholding thi s information but he th o ught he knew where it was co ming fr o m. Assistant City Manager Flaherty said he would like to add j ust one th ing. He comment ed tha1 he th ough! the Mayor had accurately reflected what is happening . Mr. F lahert y advised that Rodney Lo ntme to ld h,m . again today. that thi s was not hi s decision. but the Board was standing by th e requirements o f the law th al require ha vi ng a certain time limitati o n on the release of information and yo u have to go to their fal'!li ty to view it . Mr. Flaherty stated that o ur anorney. Peter Guthrie. ha s requested th at th ey ,·0 lun1anl y release th at information to us . but according to the le tter. and according to Mr . Lo ntine. th ere were some tim e requirements o n when that info rmatio n is available to th e publi c and yo u ha,e to ac cc» II al th eir o ffi ces . which we certai nl y could do . Mayor Burns asked if Mr . Guthrie ha s confirmed that that is acc ura te . A,s1,1a n1 C11 y Manager Flaherty advised that that is what hi s letter indicates. he is asking them to vo luntanl y re lea.e the informati o n we have requested . Ma yo r Burn s asked if he was sayi ng that is o ut si de and in additi on to what th e y wo uld normally have to do . Mr . Flaherty said that there is a 180 day penod from the date of publication o f their notice. that any indi vi dual in the publi c can go to 1heir place of business and view the records and. according to Mr. Lontine. that is what the Board in standing o n now. City Attorney Brotzman noted there are several interpretations goi ng o n and there is a new set o f IR S regulatio ns. that are not in place ye t. Mr . Brotzman pointed o ut that what the Bo ard has n·1 do ne is ,ay "tell you what, come on down and take a look at our record s ." We will go down and look at their record s al th e locatio n, which. he noted. they ha ve not offered. Mayo r Burns asked if the y cCl uld offer that now. Cit y Attorney Brotzman sa id yes . Mayor Burns asked how we are going to get to that point. Mr. Brotz man explained that we are going to ha ve thi s same conversation and o bvious ly the le ve ra ge we just got 11110 1s Council will not approve their agreement until they do . He no ted we ha ve continued the agreemcnl unt il they provide that information. so we will ha ve a more length y di sc uss io n with them now. Mayor Burns commented that he ha s no do ubt they are going to come around at this poi nt. Bu1. he adv1>ed . he did express to them th e universal angst of the Counc il. regardless of ho w Co unci l would vo te . that the y ha ve n ·1 d o ne this ye t. (bl Approval of Ordinances o n Second Reading There were no additi onal items s ubmitted for approval on second read ing. (See Agenda It e m 10 -Co nsent Agenda.) (c) Re so luti o ns and Moti o ns There were no additional re soluti o ns o r mo ti o ns submitted for approva l. (See Agenda Item IO -Conse nt Agenda .) 12 . Genual Discussion ' . .. ) I • 0 • • • Englewood City Council March 6, 2000 Page6 (a) Mayor's C ho , .e . . • ~ ,,-. • • • ' (i) Ma yo r Burns co ngra1ula1ed Brad Anderson . o f the Park s and Re c reati o n Depanmenl. o n receiving the 1999 National Aquati c Safety Award . (ii ) Mayo r Burns noted Council rccel\ed a lcner about an After Prom Party dona11on . .. Council Member Bradshaw a. ked Mayor Burns ,f he had e,·er worked o ne of those. Mayo r Burns said he had not. Ms . Bradshaw said he and Karen should go. 1ha1 ii " fun . She no ted she worked th ose "hen she worked al the high school and they are great. Mayor Burns asked if th ey are requesting something right now o n 1ha1. Council Member Bradshaw as ked if Council gave them S500.00 la st year. Mayor Burn s said he 1h oug h1 that wa s about right. Council Member Grazulis said she would reques t 1ha1 aga in. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A DONATION OF $500.00 TO THE AFTER PROM PARTY . Motion carried. Aye;,: Nays : Absent : Council Members Nabho lz . Brad s haw. Wo losyn. Yurchick. Grazulis. Burns None Council Member Garren (1i1 ) Ma yo r Bur~s noted he had previous ly di sc ussed with Coun ci l his d1ffi c uh1c ; in goi ng 10 the Na11onal League of Cities Conference because o f his o ffice s 11uat1 o n. Unfortunatel y. he ,a,d . 1ha1 ha s no11mproved 1embly ... somewha1. .. bu1 it is not finalized. so he,, afraid he i, nn1 go ing 10 be able 10 go. He adv1;,ed he ha s talked 10 Sue Brad shaw about thi s and she is "Tiling lo them requesting 1ha1 the y return the reg1 s1ra1inn fee . a, he thinks we have cause 10 do so and he is ho ping he can gel 1ha1 back . But. he said. he wanted to apol o gize 10 Counci l 1ha1 he wo n·1 be able 10 go . Mayo r Burns noted 1ha1 Counc il Member Graz.uh,. City Manager Sears and youth member Mike Heberling arc going . (iv ) Mayor Burn s advi sed 11la1 he and Council Members G razuli s and Wo lrn,y n "ere al Englewood High School today and gave a pre sentati on about our Ci ty government 10 their leader.h,p group who are the class officer s . He commented 1ha1 the y were a very ,harp bunch of kid s . l·le said the y talked at length about the Ci1yCcnter project and the y had a 101 of terrifi c que,t1ons . they had a 101 o f the questi ons that we ha ve asked o urselve, ,n the pa st couple o f year s and ag o ni zed over about traffic and densi ty and re1a1l 1rade . what th e component s parts are and how it relate, 10 Broad "ay . lie said the y asked some excellent questio ns . they are really a good group . so 1ha1 wa, enJ oyable . Ma ynr Burn, advi sed 1ha1 Paulena Puncerelli gave a presentatio n about the City government. as s he usuall y does. and ,he did an excellent job. (v) Mayo r Burns said he noti ced an anic le in the Post today entitled ··Yo ung Poets To Help RTD With Ifs Lines :' They are wo rking with the e lementary se hool kid s to provide some poetry . They said they are working with neighborhood sc hools . which . he said . he would presume are Bi s ho p and Maddox . He asked if anyo ne would know which school, the y are "o rkin g with . Council Member Bradshaw said she would think ii wo uld have to be Bi s hop and Madd o x . Mayor Burns advised 1ha1 the paper say, the line" set 10 ,1an operating o n Jul y 141 •. which is a Friday . after the lunch lime . with free ride s o ffered IO the publi c all weekend lo ng . On Jul y 15'". which is a Saturday. the cities of Denver. Englewood . Sheridan and L1nle1on are being in vited lo husl opening partie s al their statio ns . So. he said . 11 looks hke o ur ac1iv11 y "on Saturday. Do we kn ow 1ha1 , he as ked . He sa ,d • ' .. ) I • 0 • • • -------------------------.---------------------------------- Englewood City Council March 6, 2000 Page7 .,-. • ... • - 1ha1 is whal lhe paper says . He asked Direclor Simpson if he kn ows abou11ha1. Mr. Simpson advised 1ha1 there is some potential that they are going 10 be trying to host the VIP luncheo n here o n Friday. Jul y 1-1 ••. He advi sed he will be meeting with the RTD staff to mo rrow and will take them over lo the Civ ic Center building and have lhem take a look. Direc1 o r Simpson advised he will be gelling more de1ail s 1o mo rrow . but . polenlially we will be seei ng it o n Friday here . (vi) Mayor Burns said he pa ssed o ut an ariicle from the paper talking about Radi o Shack going to vir1ual product ordering . He no1ed that you see thi s almosl every day. o ne of these major companies doing web site customer contacts. He sa id he wo uld bet that most o f these are nOI sa le s tax oriented. (vii) Mayo r Burn s advised 1ha1 the Roc ky Mo untain News had a fealurc. o n Sunda y. in the Wall Street We st secti o n. on whal is going up and a pi cture o f o ur development and a nice brief commentary o n tha1. He said he did nol have a copy of that. Coun c il Member Grazuli h;id a copy. whil'h she held up . (b) Council Member's Choice (i) Council Member Nabho lz: I . She sai d ii seems so minute 10 say thank you to everybody. She thanked o ur C 11 y ,1aff. CH) employees and 1he Police and Fire Deparlments . She said she ha s ne ve r see n s ul'h an o u11x1 unn g of suppon. Ms . Nabho lz commen1ed thal ii has been a very diffi c uh 1ime. bu1 ;,he ,s reall y a "a lk,n g miracle and an answer to prayer. She sa id lhey lold her folks s he probabl y wouldn ·1 make ii. ,o ,he 1> ver~ gra1eful and she is looking al life fr o m a very different perspeclive righl now and she was ,o glad Ill be abk IO \\alk back lhrough thal door 1onight. So. she said . she wanled 10 thank everyone fo r every1hmg ... 1he t"ard,. the s uppor1 . the love. 1he prayers . 2. She advised 1ha1. evidently. Sa1urday nigh1 B & B Conoco s1ayed o pen until 2:J0 ... 1hcy normall y close abou1 m1dnigh1. .. just because 1he Go1hic wa, so busy and 1hey had peo ple parking o ,er in their pnva1e parking . Evidently. she sa id . lhe week before. supposedly. our Englewood Po li ce Departmenl to ld 1hem thal if 1hey pul up priva1e parking signs 1hey could come back and cile 1hem . Well . she advised . when he called the police 1he police said no we l'an·1 because i1 s priva1e parking and he said well yo u 1o ld me 10 pu11he sig ns up. So. she said. it is a big me ss . Ms . Nabholz sho wed Council a prio ri1 y mail slicker and advised 1ha1 a bunch of 1hose slickers were found wi1h lhis graffili o n i1. .. 1agging ... wha1ever. all over hi s windows and doors Sunday mo rning when he opened up . Addi1ionally 11 was ,prayed o n 1wo of hi , ga, lank . which he had 10 remove . She staled he ha s had a real problem and lhe y ha,c do ne hi s ba1hroom in si de w11h lhe graffili. M . Nabholz sai d he tried 10 give the slic ker 10 an Englewood police officer and was lo ld lhey did noi need it. So. she said . she was going 10 1urn ii O\'er 10 see ,f I here ,s anylhing we ca n or can '1 do . She said she realizes ii is almosl impossi ble 10 ca1c h. bu1 ;,he i;, rea ll y concerned . Ms . Nabholz ;,aid she needs IO call Mr. Schalk and see if hi s bu s iness is ,1aning 10 infihra1 e and hinder olher bus ine ,se, . She said she received a call fr o m 1he China Ho use . which used 10 be 1hc Rockyb,h. as 1hc y rnuld nol ge1 oul 1heir back door, because 1here were vehicles parked so close 10 1he1r back d<X1 r and s he would 1hink tha1 would be a fire iss ue . Mayo r Burns said he has been wondering how lhmg s are go ,ng ove r !here. Council Member Nabholz commenled 1ha1 ,he 1hough1 11 was preny ca lm for awhile un11l 1hey pul up 1he big yellow lent awhile back and lhe y were camped overnigh1 and 1ha1 1> "he n lhey absolu1ely devas 1a1ed B & B Conoco be1ween lhe non slop use of hi s re,lroom and laking two and three c up s undcrnea1h o ne cup of coffee so 1ha1 1wo or lhree o f !heir friend;, c an come back in and gel free refill ,. Ci ly Manager Sears advised he wo uld give Counc il a full repor1 . • ., ) I • 0 • • • Englewood City Council March 6, 2000 Page8 . ....... . . .. ~ • • -.. Council Member Nabholz said she just sees that one business is starting to impact seve ral and maybe we all need to meet together and figure out what we can do. She noted that that is not wha.t her understanding" a, of the parking arrangements . City Manager Sears advised that we have had a pretty good working relation ship wnh Steve Schalk and he has been very responsive in our contacts with him. Council Member Nabholz agreed . Mr. Sears sta ted th at he has made a lot of effort on a variety of things. But. he said. we knew thi s type of thing ma y occur and he thought that meeting with B & B Conoco and trying to come up with some soluti o ns 1s something "e need to do. City Manager Sears stated that Council would be given a report . (i1) Council Member Bradshaw: I. She said she wanted to report o n the Housing Authority meeting la s t week . Ms . Brad,ha\\· ad\lsed that we have 207 applicants on the wait list and of that 27 are homeless . The Housi ng Authorny has a contract for purchase on the Normandy apartment building at 3550 South Pennsy lvania and it ha s been accepte~ and it has 42 units . So they are going to buy an apartment building and it will no t all be low income. HUD has changed all the regulati ons so this is the way Ho usi ng authorities can make money . by buying property and have so much of it Section 8. but no t all of it by any mean s and the tenant s "ho arc there will be allowed to stay there , of course. Council Member Bradshaw advised that when she talked about portable,. before. the portable certificate, and vouchers. that she mi sspoke . Portable mean, that we can't pro,·1de ho us ing for those people and ,o "~ give them a voucher that they take with them to go to another Ho u;ing Authority. So that 1s what the portables mean. She stated that our total for thi s mo nth . families o ut . that we couldn 't find ho usi ng for. wa, 259 and we did accept 244. so it is almost a wash . She noted she had promised Council she wo uld keep them abreast o f "'hat is going o n with the Housi ng Authority and she is trying to do that . Ms. Bradshaw stated she thought they would kno" about the Normandy building in two weeks . She commented that it is really interesting. The Normand y apartment building 1s an old building. s he said . and it needs a lot. it needs some help . 2. She advised that the people at Simo n Center are being moved o ut o ne half Ooor at a time . bec:1u,e they ran into plumbing problems. because the building I old and they needed to have the plumbing replaced and in the process of dealing with the plumbing they found a;,bestos . So me of th ose folks are taking advantage of living in a Residence Inn o ut o n Hampden and that has wo r~ed very ;mooth. which is j credit to Cheryl St . C lair and her staff because they ha.e really do ne a good j o b w11h that. 3 . She thanked Nancy Reid for helping the Tom King and Don Cameron is sue s . 4. She thanked Rick Kahm for his help with the fence at Amherst and Emerson . 5 . She reminded everyone that there is a Ho meless Alliance meeting Tue~ay. March 14•h. fr o m 4 :00 p.m. to 5:00 p.m .. at Flood Middle School in the auditorium. 6. She offered a heads-up to the Council members. Ms . Bradshaw noted they had all received a letter from Beverly Horsley about the meeting in May . She said she would be in Europe at that time so s he will not be able to attend . but we need to address that and get the staff members there . She reall y encouraged that . • . .. ' • ) I • 0 I J • • Englewood City Council March 6, 2000 Page9 ···1· -· • ,. • - 7 . She stated her E-mail is sti ll down. it is intermittent at best . City Manager Sears said "e need to follow-up with that. Ms. Bradshaw agreed we really need tu. because it is gelling to be a real problem. 8. She thanked Counci l Member Wolosyn for fillin g in fo r her at the Metro Mayors Youth and Commi ssion awards. at the reading. Ms. Bradshaw sai d she reall y appreciated that. 9 . She advised that th e South Suburban Parks Foundati o n is working at trying to go under Santa Fe. instead of crossing at Uni o n. because that is not acceptable. So. s he said . we are lookin g for funding . at thi, point. to do that. Because. she o pined . it would be bener no t to do anything. than to deal with that intersection with the trucks and everything. it would be better no t to do anything until we can do it right. Mayor Bums agreed . (iii ) Coun ci l Member Grazulis : I. She said she wanted to talk about their visit to the High Sc hool. Ms . Grazuli s noted it wa s refreshing and they had many questions that she did not know the answer to and so s he deferred to Mayo r Burns and Council Member Wolosyn . One of the things the y asked fur. and s he \\Ould like somebody in Parks and Recreation to c heck it o ut . 1s that the y had an iss ue about bathrooms in a ll th e park s . They sa ,d we do not ha ve bathrooms in all the parks anymore . Ms . G razuli s sai d ,he was not aware o f that. Mayor Burns said he thought some of the tiny ones. the real s mall park . don't have a bathroom. Coun c il Member Bradshaw stated they have ne ver had them . In response to Council Member Nabholz. Council Member Brads haw advised that .. mu s hroom .. park ha s one. She explained that ··mushroom·· park is Roman 's Park. Ma yor Burns noted that pan of the issue is if the bathrooms are there and the o the r part is the co ndiuo n they arc in . if they are there. Ms. Grazulis said he wa s exactly right. Counc il Member Grazulis sai d s he would just like an update o n that. a li st. Ms . Grazulis ad vised a student said she wanted a Wild Oats or some other hea lth y places in o ur Cit y Center and a lo t of them ag reed with her. She said she th ought Counci l Member Bradshaw s hould hear thi ,. M,. Brads haw commented that she ha s said that. Council Member Grazulis noted that they said there is nothing healthy around here and if yo u arc trying to promote healthiness there is nothing here except fa st food and wonderful greasy burgers and stuff. She said she JUSt wanted to put that on the record. Ms . Grazulis sai d she also had that hando ut regarding our deve loper . Ms. Grazulis advised that they asked about getting some other things in there like that cand y factory . They said that would be a wonderful area to have an ice crea m store o r a cand y factory. An ice cream store th at does things lile Farrell 's used to . with the birthdays where yo u could go and ha ve fun . 2. She advised she had a c all fr o m a lad y today who wishes to be o n the se ni or housi ng comminee. as she said she c an "t find a place in Englewood and she has to move o ul. She said she keeps gelling these call s and she knows we arc going to address it. Mayor Burns o pined that we are reac hing that point where that market is so o bvious . Ms . Grazulis noted th e lad y said she knows exactly what the criteria would be and so she wishes to be o n a se ni or ho usi ng comminee . She sai d she has her name . 3. She advised she ha s had tw o people ca ll re gardi ng the tattoo parlors. They li ve in 1he neighborhoods and they said that in the evenings the y are open quite late. Ms . Grazulis said the y wanted 10 • • ) I • () • • -• Englewood City Council March 6, 2000 Page 10 I• ... ,. ~ -• .. • -' know their ho urs of operati o n. They also said that a lot of youth hang around and they thought this is a c urfew issue . Council Member Bradshaw no ted they are ope n until 2 :00 a.m . or 3 :00 a .m. Council Member Grazuh s said they are and the kids that are out there are all smoki ng and the citizen who ca lled her said they are all under age and she asked what they were smo king . 4. She offered kud os to Ri c k Kahm for all the help he gives. She no ted that every time they get a lener in their pac ket they are always thanking him for pulling people together fo r mee tin gs . Ms . Grazulis said for all the work he has done. she j ust wanted to publicly express her thank s for havi ng so mebody so proficient and so professional in their job. (iv) Co un ci l Member Yurchick : I . He thanked Ci ty Anorney Brotzman for hi s help with hi s req uest fo r the information. 2. He said he has a request he would hke to ha ve staff look into . Mr. Yurchick advised he wa . driving up Santa Fe. going north from Union. in the mo rning and afternoon of February 25'" ... and he has seen this before ... when the landscape maintenance guys are o ut they put o ut cone s from Dartmouth to Union and create a traffic jam that lasts all day lo ng fr o m Oxford to Evans. He said he just doesn't ,ee the need for it. For fo ur or five guys. he aid. he doesn ·1 know why they can ·1 look at doing it maybe after hours in the evening or at another time rather than all day long in the middle of the day. City Manager Sears said he was not s ure that we do thar. that it might be the State or a contractor. Council Member Yurchick stated that Schultz is their name . Mr. Sears sai d we definitely need to work with th e m on this . Mr. Yurchick emphasized that it is a mess. Mr. Sears sai d he was absolutely right. Mayor Bums asked if it interferes with the HOV lanes . Council Member Yurc h1 ck said yes . that they s hut down the HOV lanes . Mayor Burns noted people really like the HOV lanes and they use them a lot. Council Member Yurchick noted thi , is during non HOV hours. but it is still two lanes and it is literall y backed up from Evans to Oxford all day lo ng . City Manager Sears advised that they wo uld follow up o n that. ••••• Council Member Grazulis noted that Beverly Bradshaw had nominated Harold Ru st fo r Ci ti ze n of th e Year and she agreed with her . Mayor Burns asked how he was doing . Counci l Member Bradshaw advised that he is o ut of the hospi tal. that he had had bypass s urgery the day after we talked about it. She said he is doi ng really well. Ms. Bradshaw advised she did tell him and he was thrilled . (v) Council Member Wo losyn advised that she had breakfast with the C hamber several weeks ago and the main to pic of discussion was the proposed ordinance re garding si dewalk sale s . She said they expressed an interest in seeing that ordinance before the Study Session. City Manager Sears advi sed that it is coming up in the next session, Marc h W"' . • . ~- ,,: . • I ) I • 0 • • • Englewood City Council March 6 , 2000 Page II t .. ,. .. • .. • -' Council Member Bradshaw asked that th ey could get that over to the Chamber. ity Manager Sears aid they would . • •••• Mayor Burns noted that Counci l ha s a draft letter that was given o ut to Senato r Allard o n th e e-commerce issue . He commented that Council Member Garrett isn't here. bu t no ted he wo uld probably be abstaining an yway if they voted o n thi s. Mayor Burns asked if there was a consensu of Council o n se ndin g the letter. Council agreed to send the letter. Mayor Burn s opi ned he th o ught they s ho uld send u as u ,s j ust beco ming a ho tter topic everyday. Council Member Wolosyn said she appreciated the time they had to mull u o ver . 13. City Manager's Report (a) Cuy Manager Sears said. just for the record . we do ha ve a letter o f s up pon for the So uth Platte River initiati ve and Counci l ha s signed in suppon of that letter . (b) City Manager Sears asked that the Ci ty Co un c il sup port a request by the developer for inclusion of Big 5 Sponing Goods in the gro up that was approved by the Co uncil at a n earlier ume. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO SUPPORT A REQUEST BY THE DEVELOPER f'OR INCLUSION OF BIG 5 SPORTING GOODS IN THE GROUP THAT WAS APPROVED BY THE COUNCIL AT AN EARLIER TIME- Mayor Burns said it seem like it is a pretty big operatio n. Council Member Bradshaw noted that Council Member Wolosyn had been 111 th eir ,tore . M,. Wol osyn said yes . she used to h ve in California and she bought her first sl,s there. M,. Brad;ha" a;led Ms . Wolosyn if it would meet th e needs of o ur community fo r kid s wh o play soccer and peo ple "hn \\ant a tennis racket and thing s like that. Ms . Wolosyn said it ha s been a good ten year,. but it ,, ,1111 there and still thriving. Counc il Member Yurchick asked if it is like Gart"s . Counc il Member Wolosyn ,aid yes . Vote results: Ayes : Nays : Absent: Motion carried . Counci l Members Nabholz. Brad s haw. Wolo,yn. Yurchick. Grazulis. Burn s None Cou nci l Member Garrett (c) C it y Manager Sears noted that staff ha s been working hard o n a number of different issues . Rick Kahm . in particular. and Bob Simpson ha ve done an o utstanding job on the development. he said . The devel op ment is continuing in a positive fashion and the new elevator spi re is constructed . The Floyd road base is down and. for the most part . the project just continues to move in a real posi ti ve fashion . Ci ty Manager Sears advised we are hoping to do a couple of tour s fo r Council and staff th e first week of April. He ,aid Calcon Construction has been just great working with us, as we ha ve been running a group over there about every other day. Finally they just sai d they had to do some finish work. so we are goi ng to ho ld off for a couple of weeks o n that. Council Member Grazulis advised that the Parks and Recreation Commi ssion would be goi ng o n Thursday . And . Council Member Nabholz said. the Malle y Center Trust Fund Board . • .. ) I • 0 • -• Englewood City Council March 6, 2000 Page 12 ' ~-· ,. -· • .. • -' City Manager Sears advised that they are going to try and limit that. but we do want to have another open house. especially with the staff the first week of April. Council Member Bradshaw said she th o ught it was imponant to let board and commi ssio n members to ur 11 if they want to. She said at least give them the opponunity. as the y have been pan of thi s process tn,:i . Mayor Burns said there was an attempt to go in about ten days ago . The Rail -Volution Conference Committee was in town. they had been in Linleton. and they were constrained o n their 11me and the y got m the building late and RTD came running up the stairs and said they could not get o ut of the bu,. Mayor Burns commented that it was the silliest thing. that they were out there in the parking area and we grabbed the models. displays and everything else. ran down the stairs and out into the parking lot. set them up o n the back of a couple of pick-up trucks and Bob Simpson gave them a temfic presentati o n as they spi lled o ff the bus for about five or six minutes. it was so ridiculous . This was the group that wa s goi ng to go into the building to see where the reception was going Lo be. because we are supposed to host their reception in the fall . They never got in the building. they got in the bus and left. Mayor Burns reiterated that it wa s the silliest thing he has seen in a long time. He noted he would be seeing Cal Marcella next week and he is going to tell him that we do not want that repeated . But . he noted. they actually got a lot o ut of the presentation and the materials we gave them. He said you could tell they were sharp pe o ple and they were very excited about what we are doing and the fact that they never got in the building is o ne of the dumbest things he has seen in a long time . They said they are coming back in the next few weeks and Mayor Burn s said he is going to make sure . if they come back. that that does not happen again . City Manager Scars said it is a good suggestion to invite the board and commission members. Council Member Bradshaw said at least offer it to them in their meetings in April or May . Mr. Scars said April. Ms. Bradshaw noted if they want to come fine and if not that is fine. City Manager Scars commented that it is to a level where he thought it would be really good for them to take a look at that. Council Member Bradshaw opined that it is son of a privilege too. being on a board or comm,ss ,o n. City Manager Sears advised they will do that. City Manager Scars advised that Mike Flaherty has his hands full. but he ha s been doing a great Job . along with the employees on the Move Committee. He said we have a number of bad, for mo,ing and they are reviewing those bids this week and they will be coming back with a proposal to Council at th<' next meeting . He said he thought the specs called out a pretty good way of analyzing th ose bad,. (dJ City Manager Sears slated o ur Fire Department was helpful a week ago with Sheridan with the Hazmat issue. He noted that. for the most part . the clean-up was posi11vc . but we are mo nit oring that situation . Council Member Bradshaw stated that that sc ares her to death . that wh o le area right there . She sai d she ha s been saying it again and again that we need to look at it. but those are county properties. Council Member Grazuli s noted that it goes into the water. Council Member Bradshaw explained that the thing is. if the tires ever caught o n fire. even though there arc only 10.000 there now, it would cover the south area with black smoke . Council Member Grazulis commented that a lot of that could be toxic . Council Member Grazulis said that when she saw the fire on that morning, because she takes her daughter to seminary at 6:00 a .m .. she walked outside and wondered what was on fire . She sai d s he looked towards • ' . ', I • 0 l •' • • Engle•·ood City Council March 6, 2000 Page 13 I••._,.., • ... • • the east and she takes her daughter in to the Cherry Hill s area and she thought there was a fire in C herry Hill s. Then s he realized it wasn "t and wondered where it is comin g from. so in that ho ur she drove towards where she thought it was coming from. Ms. Grazulis said when she realized it was down there s he thought it was the tires. She noted she has a 72-Ho ur kit in her ho use and if they would ha ve talked about the smoke being toxic, she would have pulled her family out of there . taking their 72-Ho ur kit and just gelling out. That. she said. is why you always have things like that , so you can just move and get o ut. City Manager Sears advised that they closed the Golf Course down that afternoon. which he thought wa, a very good idea. Council Member Grazuli s sai d yes. it was a wise idea. Mayor Burns asked if they have examined how that happened and what kind of meas ure s they can take an the future to try to avoid that . City Manager Sears advised that they are in contact with Randy Young . Mr. Sears said he wanted to bring back to the Council. different alternatives and exactly what th e end re sult o f that fire was. City Manager Sears advised that at least it was downstream from us. but we are still impacted by the quality of that water. with o ur permit we get from the sewer plant. so we had o ur wastewater people out there testing that . It is not o n the backburner. he sa id . we will take a look at that. Council Member Bradshaw said s he reall y thinks it is cri ti cal and it is a regional issue and she ~""", 11 ,, not in Sheridan, but the concern is it is a time bomb just sitti ng there. Council Member Grazulis advised that the High School goes down o nce a mo nth . o n Thursday mo rrung s at 7:00 and they take water readings. She said her daughter was supposed to go down that day to take a water reading and she to ld her she tho ught s he sho uld not go that day to do that. They th o ught it would be really interesting. but she to ld her maybe tomorrow. not today. (e) City Manager Sears advised that we are ha vi ng lots of problems with PacifiCare and some of the HMO and PPO issues . We arc reopening and giving employees the opponunit y to go to our PPO from our HMO. He stated the City isn't completely o utsi de of the problems they are having nati onall y with health insurance. but we are o n top of that and trying to work through that issue . 14 . City Attol'lll'y's Rrport City Att orney Brotzman did no t have an y matters to bring before Council. 15. Adjoummrnt EMBER BRADSHAW MOVED TO ADJOURN . The meet ing adjourned at 8 :31 p.m. .. I • 0 I -• .. • -.. Leigh Ann Hoffhines .ollllllllil 03I08l2000 02:05 PM To : Lou Ellis/City of Englewood@COE cc : Subject : Big 5 Hi Lou --FYI : In case you need to know for your minutes , the Mayor's motion referred to "Big 5 Sport ing Goods." Glad you found your keys!!! LA ,, . "· . r > I • 0 3 xi - • • ------.. ----------------------~----- I. II. Ill. IV. V. ,, -· • • -... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 6, 2000 7:30 P .M. Call to order. rJ:'5)-.j>h.-- lnvocation. /)~ Pledge of Allegiance. ~ Roll Call. ~ ~) ) ~{_6!+-fJ?J3Jtj Minutes. ~- /J.blu/5~-:{A. Minutes from the Regular City Council meeting of February 22, 2000. ~ "rr"' r_,t~1v: A11rsw()(..z_) VI. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff VII. Non-Scheduled Visitors . (Please limit your presentation to five minutes .) p VIII,, Communications, Proclamations, and Appointments. ~-;_ ~-O Letter from Ruth Hansen indicating her resignation from the Englewood Clean , ~/"Y'IP-Green and Proud Commission. /J~- IX. Pu~aring (None Scheduled) . X/~~;nsen~~io /O .h /~~ tlpf F.. Approval of Ordinances on First Rea~ • COUNCIL BILL NO. 14-Recommendation from the Department of Community Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for the purpose of exchanging geographic data. STAFF SOURCE: Mark Graham, Senior Planner. ... ) I· 0 I ]- • Page 2 • , . • -... 2. COUNCIL BILL NO. 13 -Recommendation from the Department o f Community Development to adopt a bill for an ordinance dedicating a 30 fo o t sanitary sewer easement and the emergency vehicle access ea sement for the Duggan' s Subdivision. B. ~ep~oyil of Ordipar:!ces <;m ~ond Reading. 1 , 1, MHJi ~-0 If>~~~ 1'0B 11 ~ 3 +--r ., ff ( ~ /1 1 1. Council Bill No . 7, revising the Englewood Municipal Co de 's Administrative (J>d ~ Ordinance. C. Council Bill No . 8, amending the Englewood Municipal Code's definition o f graffiti . Council Bill No. 10, amending the Englewood Municipal Code pertaining to membership on the Code Enforcement Advisory Committee. Council Bill No. 11, amending Title III of the Englewood Municipal Cod e . or,dfJ-o Resolutions and Motions. ..1--; 11 7,0 ~J..L I u (!___ I <f-"' om the rfepartrn;nt of Safety Services to approve, by XI. motion, the purchase of a Telesquirt fire truck. Staff recommends purchasing the truck from American Lafrance in the amount of $451,276. STAFF SOURCE: Chris Olson, Director of Safety Services and Dave Ma xwell, Technical Support Officer. 2. Recommendation from the Department of Safety Services to approve, by motion, the replacement of a wall bed system at the Jefferson Fire Station. Staff recommends awarding the bid to the low bidder, Space Advantages, in the amount of $26,918.54. STAFF SOURCE : Chris Olson, Director o f Safety Services and Dave Maxwell, Technical Support Officer . Regular Agenda . A. Approval of Ordinances on First Reading. APP'D 4-2 e/J:/tl'!!{'i . Recommendation from the City Manager's Office approving a bill for an e (NAYS: WOLOSYN , BURNS) ordinance approving an acreement with the Museum of Outdoor Arts . YURCHICK MOVED TO CONTINUE COUNCIL BILL NO . 15 UNTIL THEY RECEIVE THE FINANCIAL INFORMATION HE REQUESTED FROM THE MUSEUM OF OUTOOOR ARTS . B. Approval of Ordinances on Second Reading. ~ C. Resolutions and Motions. ,J!r • •, • t I . 0 - . ' Page 3 XII . General Discussion. XIII . Mayor's Choice. XIV. Council Member's Choice. XV. City Manager's Report. ~ I t.. ... XVI. XVII. City Attorney's Report. Adjo~ APP'D 6·0 APP'D6·0 ~ --• .. • • ' BRADSHAW MOVED TO APPROVE A DON ATION OF S500 .00 TO THE AFTER PROM PARTY . BURNS MOVED TO SUPPORT A REQUEST BY THE DEVELOPER FOR INCLUSION OF BIG FI VE Sl,IPP8R'Jlll8 OUTLET IN THE GROUP THAT WAS APPROVED BY THE COUNCIL AT AN EARLIER TIME ' ... P ..... note: If you have a dlHblllty and need auxiliary alda or HrVk:N, plNM notify th• City of Englewood (303-712-2405) at INat 41 hours In advance of when HrVk:N aN needed. Thank you . • ' . .. ~ ' ~ ... • 0 I • 0 • • • l. Call to Order • 1 .... • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Meeting February 22, 2000 Sa The regular meeting o f the Englewood City Council was called 10 order by Mayor Burns al 8 :00 p .m. 2 . Invocation The invocation was given by Mayo r Burns. 3. Pledce or Allegiance The Pledge of Allegiance was led by Ma yo r Burns. 4 . Roll Call Present: Absent: A quorum was present. Also Present: 5. Minutes Council Members Grazuli s. Garren , Brad shaw. Wo losy n. Yurchick. Burn Council Member Nabholz City Manager Sears City Anorne y Bro tzman Deputy Cny Clerk Castle Code Enforcement Field Supervisor Lynn Directo r Eaton . Human Re so urces Planning Tec hnician Newman Board Member Simpson. Englewood Environmental Foundauo n (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2000. Ayes : Nays : Absent : The motion carried . 6 . Scheduled Visitors Co uncil Members Garren. Bradshaw. Wo losyn. Yurc hi ck. Grazuli s. Burns None Council Member Nabholz (a) Jim White . fr om Census 2000 , wa s present to address Council regarding the Cen,us process and to accept a proclamation supporting the Census efforts . ) I • 0 • • Englewood Ci1y Council February 22. 2000 Page 2 ,. ,.... .. • .. • - COUNCIL MEI\IBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAl\lA TION SUPPORTING THE CENSUS 2000 EFFORTS . '.'lay s: Abseni: The moii o n ca rried . Council Members Garrell. Bradsha\\. W o losyn. Yurchick. Grazuhs. Burns None Council Member Nabholz !Clerk · no1e : Agenda hem S(a) was brough1 forward o n 1he Agenda .] Mayo r Burns presented 1he proclama1ion 10 Mr. While . Mr. While advised thal he represenls 1he Denver Regi o nal Census Ce mer . o ne of 1wche here in 1he l.in11 ed State . We cover a 1en slate regi o n. he said. and panicularly imeresting 1o nig h1 1s o ur grea1 >1a1e ,,f Colo rado . He s 1a1ed thal he ha s lived in C o lo rad for a lo ng 11me and 1s very m,ested in being ,ure \IC ge1 an accura1e Cen,us co um . Mr. Whi1e sai d he apprec1a1es 1he C11y·s endor,emem by proclamauo n. "h>l'h give a ,ery trong 1a1emen110 1he const i1 uen1 s wh o elec1ed Council to o ffice. 10 look al 1he ,alue and the impo rtance of en,us 2000 . The Census may no1 be qu,1e a, 101ere,11ng. he cominued. J;, ha\'lng a governo r of l\linne,0 1a come here and talk abou1 a IOI o f 1he lh mgs he addressed . He said he "a go ing IO ha ve o unc1l ,.,es 1le \\Jlh .1 very impo rtam iss ue 1o nigh1. none1hele ss . The Cen us is valuable be ca use o f 1he pohucal representauon. and because of 1he vasl amo unl of mo ne ~ im·o hed al 1he Ci1y level. o 11 " imponanl I ha,e an accura1e cou n1. All o f the federal dollars am o um 10 SI 5 billion o n an annual ba,i, nau o n,\Jde. \\h1ch are alloca1ed dependem upon 1he ques11 o ns a,ked o n the Cen,us fo rm . In add111on IO 1he regio nal office . he e~plained. we also have seven local offices 1hro ugh o u1 1he s1a1e . The one 1ha1 1s paruc ularl y peninem here 1s lhe office in Aurora. which cover bo1h Adams and Arapahoe Coun11e, Thal ph o ne number. "h1 h Mr. While wan1ed 10 pul o n 1he reco rd. a, II can be shared \\Jlh people \\hO arc inl ere;red in Job, a nd \\ho m1gh1 have any 0 1her que suo n rela1ed 10 Cen,u, 2000. 1s 303 -'61 -0570. In 1errn, ot recru11mg. he a1d.1he ther imponan1 i,sue 1ha1 "e are facing ngh1 no" 1> 1ha1 \\e .ire tr~1ng IO ge1 all 1he pe o ple 1hat "e need 10 d o 1he enumera11 o n here in 1h1s Jre.1 In 1he 11) of Engle\\nod. \\C ha,e an enumcra11on 1ype ailed "mad o u1 . mad bac k.'' That b;i s 1.:all) mcJn ~ou \\Ill gel 1he fo rm dcl J\cred 10 )OUT ho u e b) mail. and 1he expec1a11 o n ,s 1ha1 )OU"'" fill 1ha1 o u1 .ind end II bac k. he aid Thal 1 1mportan1 bccau;,e . in 1990. in Colorado. we had a SI Xl)·se,en per em in111al mJII back re;,pon,c rare . We cenain l) \\anl 10 1mpro ,e 1ha1 by a minunum o f li,e pe rcem 10 .11l 1hc .:111e, 0 1 o ur ,1a1 e . he ,aid. ,o "' are hallenging each individual ci 1y IO Ir)' 10 do thal. The rea,o n 111> 1mportan1 "l\\otnld. he ,1a1ed . Fir,1 of all. JI helps make 1he job easier. he said . Seco ndl y. and mo,11m po rtan1l). 11 ,a,e, a 10 1 of taxpayer d ol lar . becau,e 1he cosl o f ha vi ng 10 se nd peo ple o u1 ,mo 1he field. "h,rh "e "111 d n fnr 1h o,c "ho d o no 1 respond 1m11JII). 1s abou1 eigh1 rimes as much as JI is IO gel 1he ~ rm a1 )our ho u,e and mail JI back . Pmen11all y. fo r e,ery o ne percenl na1i o nwide 1ha1 we increase the re ponse rare. "e ;,J,e the 1.1xpa)er> abou1 S25 mdho n. he ,aid. ,o JI 1s a sizable amoun1 o f mo ne y. Mr. Wh11e reJ1era1ed lhJI 1he) are a,king for o ur help in 1ha1 re;,pecl . mo. Ma )or Burns a ked if they differemiate between 1hose 1ha1 are re eJ\ed and no 1 re1urned. and 1hosc 1ha1 are re1urned because they are undeliverable . He asked 1f they o nl) ,end pe o ple o u1 IO homes where 1h.:y kn ow 1he ) \\ere received bu1 no l relurned . Mr. Wh11e said there 1s a pro.:e > fo r 1he undelJ\crablc 1ha11he loca l office ca n e .xplain bener. in terms o f the aciual o perauon . and 1here "a pmce;,;, IO deal wJ1h 1ho,c . Bu1. he aid. we will definitely go to ho useho lds where 1he y kno w pe o ple reside . and they '"II knock o n 1he d oor and follow up that way . The people wh o d o thal here ,n 1h1> area . he con11nued . 1he enumera1ors . will re e1ve S 12.75 an hour. He sa id if anyone kno ws of people wh " uld hke a pan-ume. s ho rt -lerm job. approxima1ely a six-week wind ow. he wo uld enco urage 1hem 10 inquire . In add111on to 1he local o ffi ce number. he sai d. we have an 800 number. h 1s 1-88 -3 :?5 -33 . and 1ha1 "Ill rou te people. no maner where 1he y h ve. 10 1he appropria1e local oftice in the stale . • • ) I • 0 • • • ------------------------.-.,--------------------------------~------ En g le "~'XI C uy Co uncil February ~2 . 1000 Pa ge 3 • . .--. • • - Ma yo r Burns asked how o ld you have to be 10 per fo rm th at sen ,ce. Mr. Whue res po nded that mo t o f th e pe o ple have to be eighteen and above . We do hire ,ixteen and se ,entee n ~ear o ld s . he all "ed. but the o ne stipulati o n in any job function is that th e) are able to dme. He referred them to the loc al Cc:n s us offi ce to inquire. adding that the y co uld certainl y wo rk in th e ffic e . so that might in tere,t sixtee n and sc:venteen year o ld s . Council Member Wolosyn asked if. because o f the boo m econo m). ,twas hard to get C en u;, wo rkers. Mr. White said they are having bener success in th,, area . but in the mo untain co mmunities 11 •• mo re diffi c ult . We have to have a lot o f people to do thi s job. he a,d . It take s about 5 .000 peo pl e in C o lorado to do the enumeration. and we recruit many more that that . s ir.ce man y are no lo nger a va ilable \\hen the y get the call. Mr. White went on to ay that the wage fo r the e re" leader . \\ho supen,oe approxim ate ly fifte e n enumerators. is $14.25 an hour. The field o ffi ce supeni,or earn S1 5.75 an ho ur to super\loe the crew leaders. he said . In the metro area. it takes a lo t o f enern.v and effo rt . The tlmet a bk . he ,a,d . be~ins o n March 6"'. with a lener being mailed o ut by Dr. Ken Pr;iu. "ho is the director for the Census B~reau. That will co me to your house and will be the fir st indicati on that the Censu is o n us "a,. In thi, area. bel\,een March 13"' and 15"'. the form will actuall y go o ut in the mail . and Census day ,s Apn l l ".1000. "hich 1 the da} by whi ch we are trying to get the fo rm s re turned . Then there" ill be a break o f ab, ut I\\O "eeb. he co ntinued. when we will tabulate the re s po nse s that come in . and then we will start send ing pen ple int o the field to do the no n-respo nse foll o w up . We wo uld certainly like to get o ur re s po nse rate up in the seventies or eighties. he said. because 11 will enable the peo ple and the re so urce s that we ha ,e ava ilable to do a muc h better JOb on the no n-re s ponse foll o w up . Mr. White said if "e have to go o ut a nd look fo r lift) percent of the people . that is go ing to cost a lot o f mo ne y. take a lot o f time and "o n·, be do ne as effectively. We are as king for yo ur help in gelling a higher re s po nse rate. he said . So me ,·u ie , ha,e put th e word o ut through a local newsletter. and put stuffers in the utilit y bill s . !\'Ir. Wh11e than~ed Publi c Informati o n Officer Puncerelli for helping to get this orchestrated . He said he prov ided her "u h ,e,-e r J I packets o f information . altho ugh. as a former cit y manage r. he said he kno ws bener th an to br ing pa c ket;, to the meeting if Co uncil ha s no t had a chance to re view them . Ms . Puncerell1 c an pro , ,de th o e later . he said . The packet has examples o f the stuffers that can bc: put int o any kind o f mailin g . It al ,o ind ic at e, a web ;,ue. where we have a lo t o f adverti sements. and so o n. The critic al thing that I \\ant to lea,e yo u" 11h to nig ht . he a id. 1s that we ha ve a lot o f wo nderful plans fo r pro viding thi s sen ,ce . "hu.:h ha , bee n go ing on since I 90. and the Cens us Bureau has perfected a lot o f the strategies it use . But w11h,Jut the help o f th e loc al go ,ernrnent and the folks wh o live in this city. it will no t be done effec mcly. so we need yo ur hel p in educ ating the pe o ple about the value to the cit y. helping to motivate peo ple to look fo r the fo rms. and then send 1t bac ~. It 1s so mething they wo n't ha ve to do again fo r ten year . he sa,d . but the mo ne y that come, to )OU fo r the next ten years w,11 be based o n the answers the y gi ve no w. and th e na !l o nal fi g ure that we u,e is appro ximatel y $1 65 .00 per per on per year. ba sed on gelling th e fo rm fi lled o ut accuratel y. Co uncil Member Brads haw a ked ,f there wa s any way we co uld set up a dro p o ff here at City Ha ll. We have peo ple wh o come in and pay their ut1li1y bill s and so fo rth . Mr. White ,a,d he wo uld like to le av e th e particulars o f the o peration to the loc al o ffi ce . because they are getting constant updates . M s . Brad sha w said s he knows a lot o f o ur c itizens are do wn here at the library and different fun cti o ns. a nd we mi ght get more back that way . Mr. White said he understands that. in the past. they may have had loc ked boxe s at certain places . but . again. he would defer to the local o ffice . Mayor Burns said we could put reminders in the Englewood Citizen. Cit y Manager Sears said that is already in place. He said Mr. White is also set to talk to Neighborhood Watch o n Marc h I" . ... I • 0 • • -• .. • . •, • - Englewood C11y C o un cil February 11 . 20<XJ Page 4 Mr. While said he ,s here 10 help in any way he can . He said his business card is in the packets he provi ded. and he would be mo re 1han happy to help . He invi1ed Council to call at any 1ime . and he wo uld provide informatio n o r come and speak himself o r send some o ne from the local office . (b l Reci pients o f Aid to Other Agencies were present to accept their d o na1i o ns for 20<XJ . (1) Mayor Burns prese nted a check for lnterFai1h Task fo rce 10 B oard Pre sident Di ck Sly. Mr. Sly thanked Mayor Burns and Council. He said lnterFa,th has been around fo r a lo ng 1ime and has helped a lot of Engle\\ood citizens. We are all enj oying s uch a robust eco no my and the sad 1hong is. as the economy gets better. the c hasm be1ween affordable ho using and "hat some o f o ur residenls ha, e to live on JUSt widens and widens. The mo ne y that Englewood presents 10 us reall y helps narro " tha1. and we reall y apprec,:.u e it. he said. (ii ) Mayor Burns presented a c heck for Meals o n Wheel s to Ed Ryer. a member o f the board of directors for the Town o f Littleto n Shares. He sai d they reall y appreciate Englewood 's s uppon . Currently we are serving abou1 180 meal s a da y. he aid. wi th over 200 vo lun1eer dm er, and 11 ,, a no t f r profit. Quite a few of the people we deli,er to are in the Ci1y o f E ngle"oo<I. he advi,ed . (iii) Mayor Burns presented a c heck fo r Gate\\ay Banered W o men 's heller 10 Shelter Director Najah Herrmann. She said 1he sheller serve s o u1h ern Arapahoe County. he thanked Council for supponing their efforts to end d ome stic vio lence. and 10 provi de a safe ha ve n 10 wo men and children wh o have to leave their homes. She said she wo uld loke to 1ake 1h is o ppo rtuni1 y 10 gi,e a ve ry heanfelt thank you to the Englewood police departmenl. wh o ha s alwa)S been ,cry s upponove . no t unl y in bringing victims of domestic violence to the shelter. bu1 also. when s1aff, feel mg threa1ened. 1he police are al,.ays there to help. She said they reall y apprec1a1e tha1 a 101. (iv ) Mayo r Burns presented a check f r Arapahoe H use IO Cra,g Ho ffman . As s 1s1ant Program Manager of 1heir detoxificati o n service,. He 1hanked Ma)o r Burns and everyone as soc 1a1ed wnh this grant. It will ass ist us in co ntinuing to provide effective. and affo rdable ,ub;iance abuse treatment services for the citizens of Englewood and througho u1 the metro area. he sa,d . Add111 o nall). 11 will assist us in providing a detox ificati o n program 1hat area law enf rcement age nc ie s. on ludong the Englewood police depanmenl. can utiloze to place ont o "ca1ed person . so tha1 the y are no l a threa11 0 the communi1y and. hopefull y. c an beg on the path IO\\ard rece l\ mg so me sort of 1reatment . (v) and (vo ) No o ne was pre,ent to accep1 the c hecks for Arapahoe Co un1 y Me1 ropo l1tan Mayors and Commissioners Youth Award and Englewood So uth s ,ders Spec ial Olympics Prog ram . Mayor Burns said the checks would be se nt 10 th ose recipients . 7 . Non-Scheduled Visitors There were no no n-scheduled visitors. 8 . Communications, Proclamations and Appointments (al See Agenda Item 6 (a). (bl A letter fr o m J. Cole Hayduk indicating hi s resignati o n from the Englewood Planning and Zoning Commi ssion was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, A LEITER FROM J, COLE HAYDUK INDICATING HIS RESIGNATION FROM THE ENGLEWOOD PLANNING AND WNING COMMISSION. Ayes: Council Members Garrett. Bradshaw, Wolosyn. • ) I • 0 • • • Englewood City Co unc,I Febru ary 22 . :?Ooo Page 5 Nays : Abse nt : Th e motion ca rri ed. •·. ~ .,-. • • - Yurchick . Grazulis. Burn s None Council Member Nabholz .. Ma yo r Burn s commented that th e members of the Planning and Zonin g Commi ssio n rea ll y do ~e oman·s work. meetin g so metime s tw o or three time s a month . We reall y appreciate th at. he sa,d . 9 . Public Hearing No public heari ng was sc heduled before Council. I 0. Consent Agenda !\IA YOR BURNS REMOVED ITEl\l 10 (a) (i) FROM THE CONSEST AGE:\DA. COUNCIL MEMBER BR<\DSHAW '.\IO\"ED , AND IT WAS SECOl'l:DED. TO APPRO\"E CONSENT AGE'.'IIDA ITEMS JO (a) (ii ) ASD (iii). (b) (i) AND (ii ). AND \c) (i ) THROL'GII t ,i ). (a l Appro , al o f Ordi nan.:e s on Fi rst Re ading BR ADSHAW (i1 } COl::-.:C IL BILL i':O . 10. INT ROD UCED BY CO "I\' IL :O-!L:"-IBLR A BIL L FO R A. "1 ORDl:',IANCE AMENDING TITLE 2. C HAPT ER I 0. OF Tl IE E:'\'. L \\' J) M NICIPAL CODE 19 5. PERTAINING TO THE ENGLEWOOD CODE ENFOR DI E:'\'.T ADVISORY COMI\IITTEE . BRA DSHAW (Ill ) COUNC IL BILL NO . 7, INTROD UCE D BY COUNCIL !'>!BIB ER A BIL L FO R AN ORDI ANCE AMEN DIN G VARIOUS TITLES OF Tl IE E:-.:GLE WOOD MUNICIPAL CODE OF 1985 RECOGN IZING THE ORGA NIZ AT IOl':AL STRUCTUR · OF T HE C ITY . (b) Approval of Ord inances on Seco nd Reading (i} ORDINANCE NO. 5. SERIES OF 2000 (COUNC IL BILL :-J O . 5. INTRODUCE D BY COUNC IL MEMBER GARRETT ) AN ORDINANCE AUTHORIZING THE DELEG ATION TO THE CITY A.ND COUNTY OF DENVER . COLO RADO OF THE AUT HORITY OF THE CITY OF ENGLEWOOD . COLORADO WITH RE SPECT TO THE ISSUANCE OF SI NG LE FAMILY HOM E MORTGAGE REVEN E BONDS (THE .. BO NDS .. ) TO FINANCE RES IDENTIAL HOUSI NG FAC ILITI ES FO R LOW AND MIDDLE IN COME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD. COLO RAD O AND CERTAIN OTHER CITI ES AN D COUNTIES IN THE ST ATE OF CO LORADO : APPROVING SU CH BONDS AN D A SINGLE FAMILY MORTGAGE LOAN PROGRAM : AND AUTHOR!Zli':G THE EXECUTION AND DELI VE RY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (ii ) ORDINANCE NO . 6. SERIES OF 2000 (COUNC IL BILL NO . 6. INTROD UCE D BY COUNC IL MEMBER GARRETT ) • I • 0 - • • • . .,,,-·· • • -.. Englewood City Council February 22 . 2000 Page 6 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD PERTAINING TO A GRANT EST ABLISHrNG A TRAFFIC ENFORCEMENT PROJECT . (c) Resolutions and Moti o ns (i) RESOLUTION NO . 37. SERIES OF 2000 A RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF VARIABLE FREQ UENC Y DRIVE AND AMP SURGE SUPPRESSOR FOR THE UNION A VENCE PUMP ST A TION INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 Cb ) OF THE HOMER LE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE . [Clerk·s note : This resolution number was inadvertently assigned o ut o f sequence .] (ii) PURCHASE OF TWO TR UC KS FOR THE PARKS DI\.ISI ON. THR OL'GH THE ST A TE BID PROCESS. FROM KING CHAMBERLAIN GM IN THE A.\'10 ':'IT OF S4 •. 0 1.00 (i ii ) PURCHASE OF A DUM P TRUCK FOR THE ST REET O PERATIO N DIVISION FROM TRANSWEST TR CKS. INCORPORATED IN TIIE AMO UNT OF 4'.'.5 :C 00. (iv ) PURCHASE OF A TEN YARD DUMP TR UC K FROM TRANSW EST TRUCKS. INCORPORATED IN THE AMOUNT OF S63.210 .00. (v) APPROVAL OF TASK ORDER NO. 2 DISC HARGE PERMIT RENEWAL TECHNICAL ASSISTANCE WITH COROLLO ENGINEERS lN THE AMO UNT OF S63 .68 4 .00 . (vi) APPROVAL OF A SEWER TAP AGREEMENT WITH ARAPAH OE CHESTER ES HOTEL. LLC FOR TOWNPLACE SUITES BY MARRIOTT. Vote results: Ayes : Nays : Absent : The motion carried. Council Members Garrett . Brad shaw. Wo losyn. Yurchick. Grazulis. Burn s None Council Member Nabholz (a) (1) Mayo r Burns advised that a Public Hearing had been reque sted fo r Council 8111 No . 9 concerning a name change for the Keep America Beautiful Commiss io n. as well as amendment s to Title 2 . Chapter 8 of the Englewood Municipal Code. Responding to Mayo r Burns. Deput y Cit y C lerk Castle advised that March '.'O. 2000 was the Public Hearing date requested o n the Council Communicat1 n. COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO SET A PUBLIC HEARING FOR MARCH 20, 2000 AT 7:30 P.M. TO CONSIDER PROPOSED AMENDMENTS TO TITLE 2, CHAPTER 8 . Ayes : Council Members Garrett. Bradshaw . Wolosyn. Yurchick. Grazulis . Burns Nays: Absent: None Council Member Nabholz The motion carried . • ) I • 0 - l • • • Englewood City Council February 22 . ~000 Page 7 .. . . ,. • • - The Deput y City Clerk read the council bill by title : COUNCIL B[l..L NO . 9. INTRODUCED BY COUNCIL MEMBER BRADSHAW A B[l..L FOR AN ORDINANCE A..\1END1NG TITLE 2. CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINING TO THE NAME CHANGE FOR KEEP A,\1ERICA BEAUTIFUL COMMISSION TO THE NEW TITLE. KEEP ENGLEWOOD BEAUTIFUL COMMISSION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (i) -COUNCIL BILL NO. 9. Ayes : Nays : Absent : The mo ll n carried . 11 . Regular Agenda Co uncil Members Ga rre ll . Bradshaw. Wo lo,yn. Yurchick. Grazuli s. Bums No ne Co uncil Member Nabholz (a) Approval o f Ordinances on First Read ing (i) Code Enforcement Superviso r Lynn pre se nted a rec o mmendatio n from the Depanment of Safety Services to ado pt a bill for an ordinance penainmg to graffiti . Mr. Lyn n advised 1hat this would be a change to the definiti n. eliminating eight word s at the end o f the definiti o n. These are often taken out of context by some people. allm• ing some graffiti to remain. COUNC[l.. BILL NO . 8. INTRODUCED BY COUNCIL ME~IBER WOLOSYN A BILL FOR AN ORDINANCE A..\1ENDl"1G TITLE 7. CHAPTER 6F. OF THE ENGLEWOOD MUN ICIPAL CODE 19 5. WHICH AMENDS THE DEFINITION OF GRAFFITI. COUNCIL MEMBER WOLOSYS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (l) -COUNCIL BILL NO. 8. A}e S: Council Members Garrell. Bradshaw. Wo lo sy n. Yurchick , Grazuli s. Bums Nays : No ne Absent : Co uncil Member Nabholz The moti o n carried . (ii) Director Eaton presented a recommendation fr om the Department of Hum an Resources to ad o pt a bill for an ordinance amending Title 3 of the Englewood Municipal Code . Ms. Eat o n advised there are sectlons o f the Municipal Code that relate to o perational aspects of the Human Re ,ource s Department and staff is suggesting that those be removed and placed in the Administratiw Polic y Manual. COUNCIL BILL NO. 11. INTRODUCED BY COUNC[l.. MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 3. OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHICH PERTAINS TO MUNICIPAL OFFICERS AND EMPLOYEES . .. ) I • 0 • j • Englewood City Council February 22. 2000 Page 8 • • - COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 11. Ayes : Co uncil Members Garren. Bradshaw. Wolosyn. Yurchick. Grazulis. Bums Nays: None Absent : Council Member 'abholz The mo ti o n carried. (b ) Appro ,·al o f Ordinances o n Seco nd Reading There were no additio nal t1em s submined for approval o n second reading . (See Agenda Item 10 -C o nsent Agenda .) ( ) Resoluti o ns and M o ti o ns There were no add11 10nal re so luti o ns o r mo ti ons submined for approval. (See Agenda Item JO -Co nsent Agenda .) 12 General Discussion (a ) Ma)o r·s Choice (i ) Mayo r Bums sai d we had a visit by Governo r Je e Ventura o f !l.ltnne,ota . Council Member Bradshaw commented that she saw Mayor Burns on television o n Channel 7 . Mayor Burns stated that he had lunch wnh Go verno r Ventura at the Buckho rn Exchange . He said he sa t o n hi left and Cal Marsella was o n ht s right. Jim Egan was sining at the table \\1th u . and Su,an Tho rnton fr o m Linleton came in a linle late . We Ju st carried fo rth o ur discussions o n li ght rail and his s upport i r that ever since he was a mayor of a s uburb of Minneapoli,. He is a na11ve o f Mtnneapo l1 s. Mayo r Burn, advised. but most of what he was d o ing was proJected back to Minnesota fo r maximum poltucal benefit. including the press conference outside . Mayo r Burns a,d he "as di sappoi nted that no o ne ·overed hi s , 1s 11 to the Civic Center fro m the local media. either in print or 1elev1 s 1o n. A lo t o f the que,11 o ner, were med ta fr o m Minneapolis. We asked for questions at the cny hall st1e and he was peppered wt1h quesuons by media from Minneapolis. he said. and 11 was all for consumpt ive use back there. G overno r Ventura had h1> radi o show the next day. he said. here with Governo r Owens o n it. so he was trytng 10 get maximum benefit out o f the exposure 10 light rail by broadcasting all that back 10 Minnesota . He I a c harac ter. Mayor Burns o ptned . and quite a media event. He had six body guards and they "ere very to uchy about wh o wa, around him . since he gets a lo t o f death threats. so they take their wo rk very se ri o usly . It "as quote an experience being around someone who 1s that much of a media person. he said . We did get some exposure fo r tht de,elo pment and what we are doing in Eng lewo od . and hopefull y that will carry o ver later 10 get ,o me bener coverage from some o f the local media . Some of the wTiters who c o mmo nl y wrne about ltgh t rail fo r both the Post and the News were there. he said. but they did no t cover the c it y hall site . (i i) Mayor Burns sai d he had a question about the Clean . Green and Pro ud Golf T o urnament . In their minutes. he saw the schedule for June 15"'. He asked if that wa s right. It is usual!) heavily anended by City staff and Council members. but he dtd not feel thi s time could be correc t. Planning Technician Newman advised that it will be held on June 12"'. Mayor Burns said that is the fir I day of operation in the new Civic Center after the move . He allowed that it is probably scheduled so far in advance that they reall y can not change it. Ms . Newman said the second Mo nday in June is the traditio nal date. • • ) I • 0 • Englewood Ci t y Council February '.!2. 2000 Page 9 -• ... • -.. (iii) Mayor Burns said he has asked Executive Assistant to the City Manager Brads haw to investigate what it would take if he was unable to attend the Nauonal League of Ciues Conference. He sai d there is a problem across the street from hi s office and he ma y be movi ng again . He said it is not hi s pr blem. but the people in the office ha ve an office open and are ha vi ng trouble re nt ing 11. They were left in the lurch . so now they are trying to rent the s pace that 1s empty. so he said he -.as at a very shon tether for making a decision. so he felt he had better not try to go to NLC because o f thi s problem. They arc checking thi s out to see if someone can take hi s place. he said . City Manager Sears said it is the 9111 through the 13111 of March. and the c ut o ff date -.as February 7•h. but "e will do as much as we can . Mayor Burns added that he just got a memo on thi s about fou r day, ago . (iv) Mayor Bums said there is a pres repon. in the Engle"ood paper. that Community Cares has filed a law uit. City Attorney Brotzman said the y ha,e filed it. but have not sened it on the City. They will not serve 11 on the City until after the Board of Adjustm~nt hearing. he ad, 1;,ed Council Member Garrett asked what the purpose was in filing tt before the hearing . '.vlr . Brotzman aid he did not understand it when he talked with Mr. Fine. either. because he did not have a statute of ltm1t a11 n, problem. cenainly. and normall y yo u -.·ouldj ust -.a it until after. so he had no idea why that "as dn ne . Mayo r Burns asked if he was trying to influence the Board o f Adjustment. Mr. Brotz man aid he might have been trying to influence Counci l or st.aff. but that wa s not an effective "ay of doing it. (b) Council Members· Choice (i) Council Member Bradshaw : I. She introduced a resolution authorizing Aid to Other Agencies funding fo r 2000. The re so luu on was assigned a number and read by title : RESOLUTION NO. 36. SERIES OF 2000 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2000 BY HIE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 2000. Ayes : Council Members Garrett, Brad sha w. Wolosyn. Yurchic k. Grazulis. Burns None C o unci l Member Nabho lz Nays : Absent : The motion c arried. (Clerk's note : This resoluti o n number was inadvertently assigned o ut o f sequence.] '.!. Council Member Bradshaw requested that Bo b Simpson come forward to address the reque st for a motion indicating that certain tenants were acceptable to the City of Englewood at the CityCenter Englewood develo pment. Mr. Simpson stated that he was speaking for the Englewood Environmental Foundat ion thi s evening. He said this would be a di scussion on tenant lists for the CityCcnter Englewood . By contrac t. Miller Weingarten needs to have Council approve all tenants of 7 .000 square feet and above . Previously. he • .. ) I • 0 • • • Englewood Cit y Co unc il February 22 . 2000 Page 10 •,. --· • • • recalled . Co uncil talked about the potential o f ha ving a Borders Boo ks as an anch or in thi s proJec t. Bo rd e rs Books ha specified that there must be a certain level o f co-tenancy within this project. T o date . Miller Weingarten ha s indicated that the y are not able to achie ve that co-tenanc y. he ad vised . Mr. Simpso n said he wo uld be reading a list o f proposed tenants that Miller Wemgarten wo uld like Co uncil to cons id e r fo r thi s proJect that arc still potential tenants fo r CityCenter at this time . With Co uncil's acceptance o f thi s h,1. M iller Weingarten will work to close their agreement with the Engle"ood Environmental Fo undat ion ,.,thin the next sixt y days. he said . Mr. Simpso n read the foll owing li st: Old Na vy . Offi ce De po t. Ross Dre ss fo r Less. Media Play. Petco. JoAnn St ore s. Mi c hael's. Gart Sports . Pier I . C.B . & Potts. Bo t0 n·s Go urmet Pizza. Don Pabl o 's. Roc k Bo tt o m/Walnut Brewing and Old Chicago Re staurants . These ten ant s are being proposed bec ause the y are in excess o f 7.000 square feet and require Co un ci l app roval. he sa,d . Ba se d on th is li st being accepted by Co uncil. Miller Weingarten will proc eed . beginning the fi rst thin g t morrow. with sixt y da ys to cl ose with the Englewood Enviro nmental Fo undati o n o n thi s pro perty. he ad vised . Mr. Simpson said the Englewood En viro nmental Foundati o n is reque sting Coun c il', a p prO\al o f th is hs t. l\la~or Bums as ked Mr. S1mp o n to me nti on the re staurants. the o ne s th at do no t ha ,e 10 be appro ,ed !\.I r Simpson said the tenants that :Vliller Wein gart e n ha s pro vided to u th at do no t req uire a p pro ,al at thi, lime . and that the y are go in g fo rward wuh. include : Ba ily's Health and F,tncs,. Johnn~ Carino·s. El TeJJd o/La, De lic 1as. ln1ema1i onal Ho use o f Pancake s/V illage Inn . S hl otz s k~· . Peabe.r) ·s. C'h1po tle . Len ,Crafter,. Hallmark Gifts. Superc ut s/ Great Clips. E squ ire Fabncare and Famo us Foot\\ear. Co unc il Member Brad s haw said s he wa s very di sa p po int ed in th is h,t he felt there \\ere better tenants o ut there. and that Miller Weingarten o bviously c an not dell\er "hat he \\Jnb a a repre;,e ntJ l l\e o f o ur citizens o r what o ur c itizens ha ve asked fo r. These are no t de s11na11 o n ret a ile r li ke "e "ere to ld o n ginal l~. she stres sed . She felt Co un c il was fa ced ,.,th a dilemma . It ,eems hke the y are go in g to g" e u, the ten a nt s the y have always had . even th o ugh the) promb ed a Border . She said she do ubts that Old 1'a ,·) "111 be o n the list. The fir st tenants that Miller Weingarten represented to us "ere Offic e De pot. Ros;, Dre ss fu r Less . Petco and Bail y's. and th o,e name are appearin g ag ain . The cl ock 1s runn ing. so in s1~1y da)S th ey ha,·c 10 ha ve s igned contracts. Sh e as ked if that wa s co rrect. Mr. Simpson sa id the y do not ha ve to have ,ig ned ~o ntracts . In si xt y da)s the y "ill c lose with the C it y. he said . Ms. Bradsha" a,ked "hat "o uld happen 1f the y did not cl ose ,.,th the ity. Mr. Simpso n said the y are under contra ct to c lose a11h1 s poi nt . C n y Att o rne y Brotzman said ,f the y do not. yo u could seek a new de vel o per. o r yo u could c ontinue o n wnh n~goti au o ns with them . if yo u so c hoose . Mr. Simpson added that. if they do no t cl ose . al so because o f the co ntract pr vis ion at thi s time . the y will ~ rfen to the C it y in e xc ess o f $700.000.00. Counci l Member Brad sha w sa id we kn o w the de vel o pment is go in g co look a"'esome . but s he was very di sa ppo inted in th e tenant s. She s a id s he j ust can not believe we are ba c k to square o ne . where we we re seventeen mo nth s ago . Co unc il Member Wo losy n as ked if Co un c il has the assurance of staff that there are very ti g ht des ign re stri ctio ns, e ven th o ugh what goes in ma y not be o ur fir st cho ice . Mr. Simpso n said we ha ve ve ry good design s tandard s fo r 1h1 s pro pert y. He aid he could ass ure them that the fran chi se tenant s wo uld not loo k like fran c hise . the y will be required to compl y with material s and colo rs standard s. and the y "111 be an anracti\'e additio n to thi s projec t. Ma yo r Bums said he is al so di sappointed in this li st. a we had ho ped 10 get some mo re de,tinati o n place ;, fo r the citizens o f thi s area . When he "ent to the sho pping center co nventi o n in Octo ber in Palm Spnngs . he sa id he wa s impressed by ho w to ugh thi s bu siness is . and ho w competiuve 1t 1s . We have had the questi o n o f whether ano ther develo per could deli,·er a more elaborate li st o f tenants . The market 1s very important. the y will tell yo u that. he said. The market is the market and they c an not c hange it . and they loo k at yo ur demographic s. We have had many o f them tell us they do not like the demographic in • . ' I • 0 • Englewood City Council February 21. '.!000 Page 11 .. ,. • • - Englewood. he sai d . because the y are a b ,t lo wer than o ther cities ar und us . Ma vo r Burns o pined that the average retailer does no t really know how IO evaluate the transit oriented de ve lo pment o r the light rail . They tend to se t it a 1de and look at a tradi11 o nal box or a se t up that the y are used to . He no ted that their magazine had an arttcle a few months ago o n transit o riented devel o pment and ne" urbani sm. and ma ybe that ,s ope nin g their eyes a l11tle b,t. The crowd we saw ,n Dallas at the Rail · Vo lut1 o n C o nference \\as a very different group of people than we aw m Palm Springs. The retail ers remain ,ery traditi o nal and they just Ort o f say pro ve it to us that we can make mone y m yo ur place. or we w1ll go some " he re dse. he aid. so it is a to ugh business o ut there . Mayor Burn s sa id he would hope there ,s a seco nd generation o f tenant s m here someplace and . o nce the y understa nd thi s devel o pment. and ho" suc cessful we think II is go ing to be . that we will have a better selecti o n. Wed need to move ahead and pay o ur bill s. we need to pay the Certifi cate s o f Parti c ipation. and we ne ed to meet o ur o bligations that "e are creatin g by all o f the pu bl,c infrastruc ture in there . he asserted . We need to mo ve ahead. he said. but he ho pe s that perh J ps the j ,1111 get a better tenant or two here before they are th roug h. Mr. Simpson said it is important to note that there is approximatel y 180.000 quare feet o f le a,able pa,·e within thi s project currently. This li;.i o f tenants wou ld far exceed that. What "e are seeing here ,s probably about 120.000 square feet o f space that you wil l po tent,all y all o " the se tenant s as pnss ,ble user, in the projec t. O f the tenant that were named. suc h a, Office De pot. Ross. Media Pia!. Petc o :md Jo .-\nn Stores. you can reall y on ly have about three o f those tenant use rs m the pr oj ect. he ,a,d. W hat ti"" l"t provi des is the opportun ity fo r M il ler Wemganen to try to de\'elop the best po ·s ,bk tenant m1.x "ithin th 1> given parameter. Mayor Bums said that,· a good point. He said to reme mber. ho \\e ver. that C indere!IJ C it ) had I 3 m,11 10 11 sq uare feet. and man) o f the o ther ,ho pping centers around here ha ,e three o r fo ur hundred 1hu u,and square feet. at least. T o the retailers . he o pined . Ci tyCe nter ,s a pretty smal l squa re footage . The n11 1c al ma ss they like to talk about ,s real!) no t here h!..e it is in so me other areas. he said. but 1ha1 doe nn t meJn th is ,s not going to be an ex ellent place to make mo ne y. And then yo u can add o n \\'al-'.\b rt. o f co ur ,e Mr. S,mp, n sa,d \\hen yo u add \\'al -Mart int o thi s. yo u start to be: at appro ~1matel y )00.000 10 330.000 sq uare feet of retail. and that '" a very reaso na ble s ,ze for a community sh pping ce nt er. Thi, ,s n,1 1. b! J n~ means. a small place. he a,d . Co uncil Member Grazuhs commented thJt s he . 100. \\JS disappo inted in the gro upin g tha t \\JS brough1 fo rth as being destination stores. "hen "e were promised so methin g special. She said 11 i, not tha1 ,he doe s n t like all of these . there are · me that ;he does like . but he does no t beheve it" a special mix hke "" envisi o ned . She said she wa s no t ure at the moment which way she "o uld ,o te. becau,e she was ,cry di sappo int ed in the c hoices. E,en th o ugh he ha s on ly been on Coun cil now fo r thirteen mo nth s . s he ,a,d she has see n the sa me things come fon h. a nd ha s no t seen a ny o f Co uncil"s considerati o ns be mg taken m by the developer. They are till JUSt g mg to do what the y wish to do without listening to Co un c il. She said she may give them a wake up call. Council Member Yurchick asked where we go fr o m here if we vo te thi s do \\ n. Ci ty Att o rney Brotzma n said they would have no acceptable tenants to pursue. except th ose already apprO\'Cd. Office Depot and Baily's. What Council would be doing is forcing their hand. co ming up on the closing date . o n whether they wanted to close or not. Obviously. if Council has not approved anything. they can no t close . he said . Council Member Bradshaw said maybe we would be in a better position if we made :vt iller Weingarten make that decision. Mayor Bums said he felt the critical part is whether they would close . Put them 10 the icst to see whether they would close. Council Member Bradsha w said her concern is that it ha s been nin et y days, it has been sixty days, it has been thiny days. and one delay after another. and we are sti ll where "e were when she first got on Council and they were talking tenant s. Regardless of o ur input or o ur approva l or disapproval, why don't they just tell us who they ·ve got ? • ) I • 0 - • • Englewood Ciry Council February 22. 2000 Page 12 ~ /-. • • - .. ' Mayo r Burns said we have leners of intenr. o bvi ousl y. rha! we did not have a few mo nth s ago . Mr . Simpson said there are a few additional lerters of intent. some leases have been neg oriared . Wuh this li st approval. what you will have is the abiliry for Miller Weingarten to close within sixty days . If they sho uld not do that . they will forfeit in excess of $700.000.00 and all the costs that they have born as a company fo r the last six years. he advised . Council Member Bradshaw said just because you have stayed around long eno ugh does no r mean yo u are the best. Mayor Burns said he thinks we should put them ro the te st with this list to see if rhe y will close "irh us or not. Council Member Bradshaw said the rhing is. when we rold them we "anted a Borders. rhey could no r deliver it. Mayor Burns said the y would have ro deliver rhe co-renants. and rhe co-ren anrs came o n s ue and they said no . C o uncil Member Bradshaw said they were do ing a de,elo pment in Dill o n and they could have used that as leverage . She recognized thar she and l\la yor Burn , had a different pers pecrive o n rhat. so they would just agree to di sagree . COUNCIL MEMBER GARRETT MOHD, AND IT WAS SECONDED, TO APPROVE TIIE LIST AS READ BY THE REPRESENTATIVE FROI\I THE ENGLEWOOD ENVIRONi\lENTAL FOUNDATION. Ayes : Nays: Absent : The motion carried. Council Members Garrett . Wo losyn. Yurchick. Grazuli s. Burn s Council Member Bradshaw Council Member Nabholz Co un ci l Member Grazuli s said sixty days and they are o ut of here 1f they do no t deliver. (ii) Council Member Grazuli s : I . She sai d she . too. attended the Jesse Ventura new co nferen.:e here . after dm·ing sixtee n ho urs tra1ght fr o m Texas. One of hi s body guards stood right in fr o nt o f her . s he moved o ver about si .~ in che s. "hi h was just enough to see Governor Ventura. She agreed that hi s bodyguards were right up cl ose and per nal. She said it was interesting because we were ho ping ro get a little mo re play in the media . She co ngrarulated Public Informati on Officer Puncerelli for pumng ir roge ther. because it really turned o ur. It \\a a media evenr . even tho ugh Englewood was no r menti oned as muc h as we wo uld have liked . 2. he sa id s he attended a City Government ln fo rrnari o n Day today w11h City Manager Sear, and Ms Pun erelli. She said she asked the yourh whar rhe y wo uld hke to see in the s ite. inc e we can no r delJ\er rhe movie thearer. which the y reall y wanted . She said we ha,e no r come fo rth for the youth o r rh o ught of them in anything. They would really like so me o ther type o f a skate park. which s he felt wa s nor rhe place ro put it . but we could look at other places in the Cuy. one with a cover o n it. But rhey really want a safe place for youth to congregate. and she felt this wa, so mething thar C o uncil needed ro s rud y because she hears it over and ove r again . (iii) C o uncil Member Yurchic k sai d he received the Museum o f Ourdoor Ans attempr al providing rhe 990 tax information he requested for 1996. 1997 and 1998 . He s howed whar David Taylor provided. comment ing that they did a nice job in providing all of the informati o n. He said he would like to re-s ubmit this request to MOA. He showed what he had received from them in re spom,e to his reque st. In the spirn of cooperation. there is a lor to be desired . he said . • .. ... I • 0 ]- • Englewood Ci1y C o uncil February 22. 2000 Page 13 .. ~ ,,,.-. • • - .. ... ' City Manager Sears asked if Mr. Yur hick wo uld like for him 10 re-s ubmil 1hat Mr. Yurc hi c k said ye s . and he would like 10 follow-up with 1he penalties 1f they do noi comply with the law. Council Member Garrell asked if they had given any indication why they are reluctanl . bec ause ii seems odd . Council Member W o losyn responded 1ha1 Mr. Lo mine said something at the la st mee1ing about hi s bo ard. and some reserva1ions the y had . Council Member Yurchick said it is a legal requirement Council Member Bradshaw said it was no t o u1 o f line and was not an unusual request. Mayor Burns said he was not very pleased with thal him. elf. it was o b vio us ly a failure 10 res po nd . City Manager Sears said he would d o a fo li o " -up . Co uncil Member Bradshaw said 10 j u,1 do a lener 10 their board members. Call Mr. Lamme and say if1hey can·1 do it. we are go ing to ha,e to communica te with the board. C o unc il Member Yurchic k said he did no 1 kn ow if Mr. Lo mine realizes 1h1 s. but ac cord mg 10 the ne\\' la". he 1s personally liable for 1he fine s m 1h1 s reque st 10 the tune o f up 10 S 10.000.00. Ci1y Manager Sears said he wo uld go ahead and send him a lener 10 1hat effect (iv) Council Member W o losyn sai d. to elaborale o n a pl ace fo r kid ,. s he fell II wo uld be nice. if something like 1hat e ve r was considered . tha1 ii wou ld be mo re of a generauo nal ga1henng place. so we do not always conlinue 10 separate. II wo uld be nice 10 mee1 o n a d1fferen1 le,el Council Member Brads ha w said. if you dnve do wn W indermere . go ing so uth tO\\ard Belle view. there are large warehouses there . She said s he d oes no l kno w wh o o wns them. but he kn o w 1hc) are no 1 being used . She said Bladium. in Aurora. took an o ld airport hanger and t urned 11 mto a s ka1e area fo r mline skati ng. There are 1wo majo r rinks inside. and kid s use ii all the ume . and she ,aid she would like a place like 1ha1 for o ur children who wam to d o inline s kat mg . Anyone who can ge1 o n mime s ka1e s can be o n a learn al Bladium. she advised . and s he wo uld like fo r us 10 look a1 tha1 as a recrcaiio nal avenue . M s. Bradshaw recognized 1ha1 ii was no l qui1e wha11hey were lalkmg abo ut bul felt ii wo uld certainly fill a need . 13 . City Manager 's Report (a) Ci1y Manager Sears said he received a lener fr o m Scon Tucker. wh ic h he had no r had lime 10 review yet He said 1here are two mee1ing s 1h1 s week . He said he was nol s ure exac1ly wha1 th is 1 about. bul he passed o u1 copies 10 Council and said he wo uld pa ss o u1 co pies 10 s1atf 1h1 s week . (bl Ci1y Manager Sears again thanked Ci1 . staff. They arc wo rking ex1remely hard o n a number of projecls. such as 1he Wa1er Plant. wi1h Bill M Cormick mo nil o ring 1ha1 o n a dail y ba,is. and "e will give you an upda1e on where we are w11h 1ha1. Al so. he said. Rick Kahm and Bo b Simpson cominue IO do a grcal job on 1hcir projcc1 . and Jerrell Black. also. Mr . Sears said he belie ves the proj ect is o n sc hedul e and we are finding ways of saving money a -.c go. coordina1ing differen1 effo r1 s . The Wal-Man consiruc1ion con1inues as scheduled. and we arc workmg closely wi1h 1hem . Overall. 1he project is in good shape righ1 now. he said. Mayor Burns said Wal -Mart look like ii is bnngmg ma 101 of ma1erials over !here. Ci1y Manager Sears said !hey arc going 10 be oul of !he ground in no lime. The s1eel is there for 1he rafiers and 1he block is now on silc. The pads arc laid for !he stairs . he said. and 1he parking struciure behind Chuck E. Cheese is reall y • . , A I • 0 - • • -• Englewood City Council February 22. 2000 Page 14 , . ... • .. • • coming together nicely and looks great . Galapago has its c urb and gutter on it and Fl oyd is coming together. working well with the retaining wall with Wal-Man. Staff is working through each of these issues. he assened. to make sure that it is the type of development we want . and working with th e architect to try to save costs and make sure it fits within the budget. Council Member Bradshaw commented that it is very exciting. Mr. Sears said it absolutely is and 1t is nice to be a pan of it. 14 . City AttorMy's Report (a) City Attorney Brotzman reque sted autho rizati on to have Hall and E,·a ns defend a c ase bro ught by Patrick Magee . Council Member Garrett asked the nature o f th e ca,e. Mr. Bro tzman responded that 11 1s a claim of police brutality. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECO!I.DED. TO AUTHORIZE THE CITY ATTORNEY TO HAVE HALL AND EVANS DEFEND A CASE BROl..:GHT BY PA TRICK MAGEE. Ayes : Nays : Absent : The mo ti on carried . Council Member Garrett . Brad ha". Wo lo,)n. Yurchick. Grazuh s. Burn No ne Co unci l Member Nabho lz (b) City Auorney Brotzman said he would like to o ffer a pat o n the bac k for the ongoi ng effons of the Malley Center staff. He said he was siui ng at a busi ne ss meeting with two seniors wh o did not know where he worked . They were di scussi ng the Malley Center and their programs. he said. When one of them had finished li sting all the great programs. he said he wa a re si dent of Denver. but reall y felt a pan of the Englewood community. Mr . Brotzman felt that was a nice compliment fo r the staff. 15. ADJOURNMENT MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 8:55 p .m. ~w1~&#e.. Deputy CityOcr ., ) I • 0 • • -. • J • •' • -' PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: March 6, 2000 , . NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC • ' . ' . I . 0 • • • C T y 0 F C I T y January 31 , 2000 Ms. Ruth Bosch Hansen 4511 South Galapago Street Englewood . Colorado 80110 Dear Ms . Hansen: ,. ~-. • • - i, ENGLEWOOD C o u C L Thank you for your time and interest in the City of Englewood and inte rviewing wi th City Council on January 24. 2000. City Council feels that board and commi si on mem b ers provide in valuable information to City Council and are a great asset to the Ciry . On behalf of the Englewood City Council , I am pleased to notify you of your appointment to the Clean . Green & Proud Commission. Your appointment will be officiall y recommended at the regular City Council meeting Monday . February 7. 2000. at 7 :30 p .m . in the City Council Chambers at City Hall. 3400 South Elati Street. A resolution recommending your appointment will be considered at that meeting and you will be presented with a certificate and Englewood lapel pin at that time . If you are un able to attend this meeting , the certificate and pin will be mailed to you . Your appointment is effective February 7. 2000 . and will expire on December 10. 2002 . will contact you regarding upcoming meetings and your duties as a member of the Clean . Green & Proud Commission. If you have any questions. please call my office . City Council hopes you will find the work of the Clean . Green & Proud Commission to be interesting and challenging . Congratulations on being selected! ~µ'-/ s~~rely.~. ,j)urdlr11~f;~,tti..~li(~~ /!:m ~ ~.u,iJ ~ .t µ;1...0 ~ ;rz;--Z,.J;;.d ,,,._ -,r. omas J. urns !a:£ ... )}~ lthr~ 7Zt J -~-4, Mayor , . !~ -fk,_ /q;,k, c/-&., ~ c/-::t: ~ "" Chai,. Cleoo, G,ee & e,J,d Commss,oo ~ C!Jf ~. /:.;;ti.. ~ Mayor Thomas J. Burns , Dis1n cl 11 • May o, Pro Tem 8evtftv J Bndiohaw , At La rge Oouglu Garrett, Distncl IV • Julie A. Grazults, Dtstrict 111 • Ann Nabholl. 01§.lnct I • O lgJ W olos \<n, Al Lar~e a Michael Yu rch1ck , At LJrge 3400 South Elati Street Englewood, Colorado 80110 PHON E 303-762-2310 FAX 303 -76 2-2 408 www o .englewoo a co us I • 0 ] • • • ORDINANCE NO. SERIES OF 2000 ... • • - BY AUTHORITY A BILL FOR . . .. /()4 i COUNC IL BILL NO. 14 INTRODUCED BY CO NCIL ME:\IBER ------- AN ORDINANCE AUTHORIZING A1'\/ INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF E:s!GLEWOOD FOR THE P URPOSE OF EXCHANGING GEOGRAPHIC DATA . WHEREAS, the City of Englewood developed a comp ute nzed Geographic Information System (G IS) in 1989 using the industry standard Arclnfo softwar e: a nd WHEREAS, the GIS provides maps and associated data about city parcels , including a ddre ss, land use . dwelling units , tax parce l number s , enterpnse zo ne , owner name , mailing address, appraised value , etc.: and WHEREAS. over the last two years Arapahoe Co unty co mpleted a co unty-wid e GIS base using Arclnfo GIS software so that their data is com patible with Englewoo d . Littleton and Aurora ; and WHEREAS. tlus ex pands the availability of data that Englewood may want to share: and WHEREAS, some of the information that Englewood maintains is upd ated through data sharing arrangements with Arapahoe County: and WHEREAS, although Englewood has been sharing so me data for several yea r s , Arapahoe County has initiated an effort to formalize data s haring arrangements with Englewood and the other cities in Arapahoe County; and WHEREAS , the passage of this Ordinance authorizes a n intergovernmental agreement requiring that the City enter agreements and track cop ies of the data lent to consultants, which include typical co pyright notice s and disclaimers limiting liability ; and WHEREAS , this Intergovernmental Agreement is an acknowl edgment that Englewood and Arapahoe County jurisdictions overlap , that they both serve some of the same residents and that Arapahoe County is willing to share da ta with Englew ood since Englewood is willing to make the arrangements reciprocal. thus avoiding costly duplication of record keeping; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : -l - • ., I • 0 ]- • • -• .. ,. ,..,-·· • • -.. COUNCIL COMMUNICATION DATE : March 6. 2000 AGE N DA ITEM SUBJECT : Data Sharing Inter- It 'HI Govern me nt a l Agreement with Arapahoe Count y INITI ATED BY : Community Develo pn~nt STA FF SO RCE : Mark G raham. Se ni or Pl arm er COU NCIL GOAL AND PREVIOUS COUNCIL A C TION : !~rovin g Servi ce Deliv ery us in g database techn ology . Conununr cating am.I cllOpc ratin g with oth er governme nt age ncies . RE COMMENDED ACTION: St aff recommend5 that City Counci l approve th e proposed O rdin ance autl1 ori zi ng an Int er-Governmenta l Agree n~nt (IGA ) between Ci ty of Englewood and Ara pahoe Count y fur tl1e purpose of cxchan gmg geographic data . BACKGROUND : The Ci ty o f Englewood de veloped a computeri zed Geogra phi c Info rmati on Sys te m (GIS ) in 1989 usi ng tJ1e industry standard Arclnfo soft ware . The system is used . maint ained and improved by three de partments : Utiliti es, Public Works -Engineerin g, and Conununity Deve lopment w itl1 support fro m tl1 e lnfo rmau on Technology di vision of the Finance De partment. The GIS provides maps and assoc iat ed da ta about ci ty infras tru cture. such as s treets. sidewa lks. signs. pi pes. va lves . and ma nh oles. En glewood also maimam, data on parcels , including address. land use. dw e llin g uni ts. ta x parce l numb ers. enterpri se zone. own er nan~. mail ing address. apprai sed valu e. etc. O ve r the la s t two ye ars Ar a pahoe Count y con-q,l etcd a ount ywi Lle G !S hase map us in g Arcl nfo G IS so ltwarc o that their data is co n-q,aubl e with Engl e wood. Littl eton. ant.I Aurora . 1l1 at expand5 th e ava il ab ili ty of da ta tJ1a t Englewood may want to s hare. Son~ of U1 e info rmati on U1 at Engl ewood ma intains is updated U1rough da ta sharing arrangement s with Arapahoe Count y. Although Engl ewood ha s been shar ing some dat a fo r severa l yea rs . Arapahoe Cowlly has initiated an effort to fo rmali ze data sharing arrange ments w1tl1 En glewood and th e other ci ti es in Arapahoe Count y. 1l1e proposed IGA req uires th at we e nt er agrec mems ant.I track copi es of th e data lent LO cons ultan ts . 1l1e ag ree men ts include typi c al copyri ght notices and di sclaime rs limit ing lia bili ty. Lis ts of U1 e data resources tl1at En glewood and th e Count y will s hare ar c re fere nce d in U1 e Ag ree ment . FINANCIAL IMPACT: 1l1e ba s is for the agree mcm is an ac knowl edge ment U1at Engl ewood and Arapahoe Count y j uri sdi cti ons overl ap and that we botl1 serve some of the same reside ms. Arapahoe Count y is willin g to share da ta with En glewood s ince Engl e wood is willing to make the arrangcmems reci proc al. 1l1csc arrange n~nL~ a vo id costl y dupli cati ons of record kee ping. LIST OF ATTACHMENTS: lmer-G ovenurental Agrcen~lll Ordinance F :IEVERY ONE\l.elgh An n~GENOA\March 6\C C Dal a Shanng IG A w Ar apco.doc • ' ) I • 0 • .. • • 1·~ ..... .. .. • • .. Section 1. The "License and Exchange Agreement For Geographic Data", attached hereto as "Attachment A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to sign the "License and Exchange Agreement for Geographic Data" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 6th day of March, 2000 . Published as a Bill for an Ordinance on the 10th day of March. 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 March, 2000 . Loucrishia A. Ellis -2- ' . .. . . ' . , ) I • 0 J • • -• .. ~ __. • J , .. ... .. • • LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPH IC DATA THIS AGREEMENT ma de and entered into this day of 2100 and between the County of Arapaho e, Colorado (County ), and t h e C ty of En glewood , Colo rado (City ). b y For and in consideration of the mutual covenants, premises, te=~s and condit ions and other good and valuable conside ra tion, t h e parties he ret o ag ree hereby as fol ows: l. Definitions . Fo r purposes of this Ag reeme nt , u n les3 t he language or conte xt clear ly indicates that a di::e :-ent meaning is :n:-::1 ded , t h e words , ter~s o r phrases stated be low shall be de:ined a s f ollows: "DAT ."," means those graphic o r tabula r data in digita-e:ectronic o r a~gi t al o pti c al format specified in Exhi::i~t "A," at::a ched heret o and inco rp c raced herein b y this reference . It excludes any compute r prog ram or source codes , whi ch intellectual properties are nae c o vered b y t his a g reement . DATA d oes n e e include the informati on contained in pub ic reco r ds that have been cor.·ie r t~d c o d~gital f o r~at, but only their dig~:a: :o r~. "Dono r" means the party that c :-eateC: :he D.~:'.~ a~C is a_l owint; the o c:ler ;::a ::-~y t o use it. "Parties" means the City of Eng lewood and the County of Arapahoe. "Recipient" means the part y t o who~ che Dono r has given che DATA. "Hard copy" means a repr oduction o f t he DATA 1n a v~s u al f or~at , inc:·~ding with o ut limitation photographic, xerographic, blueprint, my ar, .ia z o , pr inted , l i nedrawn, o r a ny other rep:-ese~t a tion th a t can ~e =ead b y ::le eye. "Soft copy" means a repr oduction o : t:ie CAT .~ in a d ig 1 ~a: e:ect=o r . .:..:: o = digital optica l format, whether on La p e , disc , by wi ::-e :::-ans:er, o r .:.:-. s om e other copy or transfer medium which _ ::-ese=?e s their digital c~a ra cte r. "T hird part y '' means a ny legal perso~ ot~er than the City o! E~glewood ~::-the County of Arapahoe. 2. Puroo se. The purposes of th i s Agreement inc_ de de:ir.i:-::, the r ights and obligations of t he part~es w ·ch =espect t o sha r ing of DATA be:ween the parties, prot ecting t h e ri ghts o f the Donor in the DATA , con t r ol :~n; the r epr oduction of the DATA b y the ilec:.p ient, the a vail abi li ty to thi r d p a rties from the Recipient of c o pies of such shared DATA, and the control ove r :~rthe r copying of such DATA t hrough a c r os s -licensing system. The DATA wer e and ar e being devel o ped with a signif icant ex?end~ture o f public f unds , ar.d the parties ha v e an interest in pr eserving their opp o rtun ities t o re coup s o ~e of their costs of developing and maintaining the se DATA. 3. Term. A. The cer~ of this Agreement s h a l l be f o r ten years fr o m the date of exec ution , b ut ei ther pa= y ma y cancel chis Ag =ee~ent upo n six months written not ice t o t he other part y . B. Regardless o f the date of exec uti on hereunder, this Agreement s h all be in effect with respe ct t o any part icul ar DATA from the d at e of re c eipt of the DATA b y the Re ci p ie nt fr o m the Donor until the rec · rn o r C:I DAT A.IFORMS\Ar:i pco GIS Ag ree ment as re, iscd .doc • t t a C h m e n t A . ' I .. • 0 • • • .. ,. ,,,-·· • ; . .. •. • • .. certified destruction of the DATA by the Recip ien t, unles s earl ie r ter~:nat ed b y law or according to the terms he re in. C . The terms of this Agreement shal appl y to Recipient 's rece :pt o f the DAT.ll. or any portio n the=eo f, whether pr:.or to, concu r:-ent w 1. t:1 o r subsequent to the date of exec ution. Porti o ns of t he DATA r ece i·,ec afte r execution of this Agreeme nt sha:1 be covered the s ame as if o ri g:nal y included herein. 4. Terminat ion. A. Upon terminati on of t:iis Ag r eemen -, Recipie:-:t shall, wit:un days , return al l soft copies of the DAT .;, wi.:h any acciti ons :nodificac.:.ons, t o Donor and sha :.l ce=t.1.fy, in wr.:.:..:.r.;, that a _: ot :1e= copies thereof have been dest r oyec . five and s o f: B. Recipient 's o bl igations r espect:ng con f1 den t ial:ty of the DA:A shall sur7i v e terminat ion o f th~s Agreeme ~t . 5 . Layers. Recipient ·-,il l keep Donor 's DP..T A in one o r mo r e discrete a nd separa te laye rs readi ly identi::ab:e as Dono r's DA :A ar.~ protected from unauc:lorized a c cess, tampe ::-ing , o :-copying i:1 s o f t c opy ::..::--:nat, and will not st o re it, other t:ian temporar:ly f o r p u rp o ses o f manip ula:-=:-: o r printing, merged with other e l e c :ro nic data. Re ci pient wi ll use its be s: efforts to keeo and maintain t:ie DATA in a secure manne r s o as to p r ec:~=e unauthorized use , dissemination or disclo s u re . 6. Ownershio. Th e DATA is t h e ;:,r o pert·1 of Done r, anc Dono r r e s-"rves all r ights of ownership, title a nd control t c t h e DATA under co:nmon la1-"', federa l copyright law or other law relat ing t o con ficent ial anc /o r trace sec r et info rmati on. The parti es ag ree tha t t:ie cevelopment o f the DAT .", requi red th e ski lle c effo rt s of p r ofess ionals in i:s design ar.d ccmpila:: .. and the end product is the res ult of the o r iginal wo r lc of Dono r, its emp:o yees and agents . Pu rs uant t o Colorado law , t:ie DA :A :s a t rade sec r et of Doner and ma y only be used as aut ho r ized he rei n. 7 . Ob l iaati o n o f Confi dentia litv . Rec:;:,ienc a cknow ecges and a g rees that Donor reser?es all r:gnts of ownership, title and control of :he DATA. Re c ipient agrees that ic wi ll treat the DA:A as confidential and ,rade secre t information. Except as aut:iorized in this Agreement . Recipient s hall n o t under any circumstances disclose o r disseminate t:-ie DP..T.~. o r any p o r:::on the reof to 1 ) any other (i nc luding governmental , educational o r non -pro:::) pers o n, firm o r er.city or organization , o r 2 ) any empl oyee of Recipient ·.·mo does noc need a cce ss theret o in conne c ti o n with Re ci pient 's exer cise of ::s r ights under this Agreemen t. 8. Ass i sta nce . At the re qu est of the Donor , Re ci pient s hall use g ood faith and rea sonab e ef:o rts t o ass i st the Dono r in identifying an y us e , copying, or discl o sure of the DATA by any cur=ent o r former Recipient personnel or anyone e lse wh o may h a ve come into p o ssessi o n o f tne DATA w~ile the same was in Recipient '3 possessi on in an y manner that is con rar y t = th e provis ions of this Agre ement so long as t he Do n o r s h all have provided Recipient with info rmat ion reasonab ly just ifying the conc lu si on of the Dcno r that such contrary use may have occur red. C:\DAT AIFORMS\Arapco GIS Agre em ent :is rev ised .doc ~ ) I • 0 • • -• ~ -· • • • -' 9. Injunctive Re!:e:. Re c :pi ent ac knowledges and agrees t~a :: disclosure or use of the DA.A i n breach o f this Agreement could cause irreparable harm and s1 nificant in j ur y t o Do nor, which may be di:fi cul:: t o measure with certainty or t o c o mpensate thro ugh damages. Accordingl y , Recipient agrees tha t Donor may seek and o btain against Recipient and an y othe r person o r entity, in j unctive re-!ef for the breach o r threa t ened brea c h of any of the terms and c o nditions of this Agreement, in additi o n t o an y o ther equitable or legal remedies which ma y be availabl e co Don o r. 10 . License. The Donor hereby grants c o Re c !pient a no n-ex cl~s :v e, non -transfe rab le license co the DATA to be used str!ctl y and onl y i n accordance with the prov isi o ns stated in t h is Agreement . A. Recipient sna onl y use ~he DATA f o r p u rpo ses in connec::!on wi th its o wn pro j ects and dev e lopme n ts and no t o n beha l f o f an y o c h e~ ~e~s o n, corporation or entity of any nat u re whats o ever. B. Recipient shal l keep a re cord o f the oca tion o f e a c h s o .:: ::p y . C. Recipient ma y not us e, cop y , modify, as sign o r t :-ans:e~ :~e :~~A or any copy , modificati o n o r mer g ed po rt ion t hereof, in whole or i:: p a :-:, t:1 soft copy format except as pr o vided f o r in th i s Agreemen t . Un les s a c ne :n conformity with the f o llo wi n g s u bpar a graph, if Recipient transfe rs ~o ss ess i o n of any soft copy , modificati o n , or merged p o r tion o f the DATA to a thi r c party, the rights granted nder t h e terms o f c hi s Agreement are a ut o ma ::31:y terminated as to Recipie n t. D. Recipient ma y ma~e s o ft c o pies for the use of its con ::rac::c rs and c o nsultan ts only if the contract o r o r consultant signs an agreeme nt , in 3 f o rm acceptable to Donor, w:th Re c ipien t f o r the benefit of Don o r wh ich :u l y protects Donor's rights under thi s a g r e ement and _imit s t h e c o n t r ac ::o r's o r consultant 's use of t h e DP,:'A as i : t h e contrac t o r or c o ns u lt a nt wer e me::e :y an extension o f Recipient . Co pies o f a ll s u ch pro tect i v e agreemen t s shal b e filed by Re c !pi ent wi th Do n o r befo r e ::n e e f :ec t ive date o f s uch pro ::e c t:··e agreement. E. Recipient sha l n o t, i n ~hol e o r in par t , as si gn, sub ease , extend, abs o rb or otherwise t ~a n s :e ~ c:1 is Li c ense Agreeme n t, or a ~y r ~;~: granted u nder this Agreeme n t . E'. Recipient sha ll n ot use O!'. re ly i n a ny manner o n t h e DAT.", _ .. con n ection with the provis ion o f emer enc y serv ices, i n cl ud i ng but n ot l ~mi::ed to p o lice, fire , and ambulance ser·,ice s . G. This license gives Re c ipient t h e rign t t o g ive o r s e ll h ard copies of t~e Don o r 's DATA co th i rd pa r c!es, wh ether p u rsu ant t o a r e qu e s t under the Pu bli c Reco r ds laws o f t h e Se at e o f Colo rado o r ot h erw is e , b u:: sub j e c t t o the requirements of this Ag!'.eemen t c o ncerni n g inc l us ion of c o pyr i ght and disclaimer n o tices on a ll s uc h h ard cop i es . C:I DA TA \FOR,"1S\Arapco G IS Agreement as m 1scd .doc • .. . , . ' '.) I • 0 - • • • • ... • -' 11. Cocvrioht: noti ce. noti ce on all copie s of the DATA notice: Recipient shall at:ach the follow1r.g in such a ~anner and locat~on to gi~e COPYRIGHT 1996 BY ARAPAHOE COUNTY , COLORADO . ALL RIGHTS RESERVED . NO PART OF THIS DATA MAY BE COPIED , REPRODUCED , OR TRANSMITTED IN ANY FORM OR BY ANY MEANS WHETHER GRAPHIC , ELECTRONIC, OR MECHANICAL, INCLUDING PHOTOCOPYING , RECORDING, OR BY AN INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT WRITTEN PERMISSION FROM THE ARAPAHOE COUNTY, COLORADO . 12. Disc aimer Nati e. Recipient shall at:a h :ne :o:low1 r.g notice of disclaimer on al copies of the DATA in s u ch a mar.ner and :oca::on to c;ive not.:..ce: ARAPAHOE COUNTY , COLORADO IS ruRNISHING THE DATA ON AN "AS IS " BASIS, WITHOUT ANY SUPPORT WHATSOEVER , AND WITHOUT REPRESEN TATIO N OR WARRANTY, INCLUDING BUT NOT IN ANY MANNER LIMITED TO , F I TNESS , MERCHANTABILITY , OR THE ACCURACY AND COMPLETENESS OF THE DATA . 1 3. Fees. Recipient may sell hard copies o : the Do n o r 's ~A~M , whether or not merged with o t her data of Recioient, at whatever orice 1: chooses. Since Rec!pient may n ot sell soft copies of the Donor 's· DAT.'\, -r.1 s Agreement makes r.o provision fo r a fee for soft ccpy. 14. Disclaime r . A. A-1 othe r terms of this License Ag r eement to the contrar1 n c: withstanding, Donor disc -aims any and all liabil!ty o: any nat:ure whats oe'ler a r ising out o f the terms and conditi o ns, operat~on of this ~i cense Agre e~e nt, and /o r the use of , o r =e iance on b y Recip:er.t c: the DATA . ~e c ip1er.t ac knowledges and specifically agrees t o the terms o: chis provision . ~ur:n er, Recipient agrees not to attempt t o or seek to, Ci =ec:ly or indi=ect!y , cla i~ o r pursue lega re lie: :or any claims o: any nature whacsoeve r against Dono r pursuant to c~is Llcense Ag=eemen:; or t o a s sist any o t~e = 9a=ties in cl a ~ming or purs uing legal relie: f o r any c:aims of a~y nat re whatsoever against Do nor pursuant or relating o this Agreement:. B. THE DONOR IS FURNISHING THE DATA ON AN "AS IS" BASIS, WITHOU T ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR WARRANTY , INCLUDING BUT NOT IN ANY HANNER LIMITED TO , FITNESS, MERCHANTABILITY, OR THE ACCURACY AND COMPLETENESS OF THE DATA . C. The DAT A is neither a lega _ly r ecorded map nor a survey and 1 s not intended to be used as such. The DATA is a n:aue c o mcilati o n of reco rds , infor ma tion and data from various city , county, sea e, a~d federal of:i c~s and othe r s ources a n d should b e u sed for reference only. No representation i s made tha t featu r es presented a ccur acely ref lect true loc ti o n. Der.or or any o ~he r e ntity from which data was obta i ned assumes no liabilit 1 for any errors o r omi s sions herein. If discrepancies are found, Res!pienc agrees to conca c : Dono r . 4 C :\DAT A\FO R.\'1 S\Arapco G IS Agreement as rev is ed .doc • ) I • 0 -- • • ,,,,. .. • I• :,, .. • - Because the DATA are inherently comp:ex, c o nstantly changing, and ma y not be completely free of erro r s, Recipient is hereby advised t o ver::y ics work. In no event shall Donor be liable for any d!rect, ind!rect, s p e ci al, inc!dencal, or consequential damages arising out of the use of or inab1:::y to use the DATA even if advised of the possibilit 1 of s uch damages. Spec if::all ,, Donor is not responsible for any costs including, but not imited t o , th =s e incurred as result of lost revenue s , loss of use of data, the costs of rec ove ring such programs or data , the cost of an y subst:tute prog r am , c: :ms by third parties , or for similar costs. D. Donor's sole liability and Rec!p ient 's excl •s:ve reme dy :o r ny substant. · a l defect '""hic:1 impairs the use o f t.1e o . .;:-.; :::::-t.ne ;-u :-;:o se s:.:::-= herein sha be the right to terminate this Agreement. 15. Colorado Law to Govern. This Agreemen t shal: be g o v ern~~ c y and ccns t=ued in accordance with the s ubstant:ve and o=o cedu r a: aw s o : -~~ State o f Colorado . Venue for all trial court prcceed1~.s r e:ated :o tn:s Agreement shall be in Arapahoe County, Colorado . 16 . Indeoendent Status. It is ag:-eeC c~at no t~i~~ ~e :-ein ccr.-3 :~e is in :ended or snould be construed in any manner as c rea::ng o r es:abl:s~:n. the rela :onship of agents , partners, joint venturer o r ass oc :ate s be we en :he parties he reto o r as constituting Re c :pient as the employee of Donor f o r any purpose o r in any manner ,..,h a soe·ie =. l . Riahts Cumulative. Al remedies a vailable to either par::; uncer the terms of this Agreement or by law are cumulati·1e and :na:,, be exerci sed concurrently or separately, and the exercise of any one remed y sha not be deemed an elect!o n of such remedy t o the exclusion of other remec_es . 1 . No Continuina Waiver. The waiver of any de:ault b y e:che r party, o r the :ai l re to give n otice of any de:ault, sha ll not consti ut e a wai ve r of any subsequent default or be deemed t o be a fai lu r e t o give n c ::ce wit h respect to any subsequent default. Waiver ft of t h e breach of any provision o f this Agreement shal: n ot be constr •e to be modi:ication of t~e ter~s of this Agreement unless stated t o be sue~ :n wr iting and signed b y authori=ed representati ves o f :he Dono r a nd Re c:pient. 19. Notices. At the time of execut ion o f t his Ag r eement, the part ie s hereto sha l provide each other written informati o n regard ing th e:r re spective authorized representative and the respe ctive adoresses f or p urpo ses o f any notices . Said 1n:o rmation shall be kept current a: al l times . 2 0 . Mod.i.!'ications. Any a terations, variati o ns, mo .:.:i c aci.o ns. o r waivers of the orov isions o f this Agreement shall only be vali · when the y have been reduc ed c o · wri ting , and signed by author1=e d represe ntatives o f the ~oner and Recipient. 21. No T hird Par:v Beneficiary. This agreement is f o r t he benef~t of the par:i es onl y, and conveys no r ights upon pers o ns n ot par:~e s t o it. C:\DATA\FO RM S\Ara pco GIS A greemen t as revised .doc • I • 0 • • • ... ~ ---• ,~t.,' .. ., ,. • -... 22. Copyright notice. notice on all copies of the DATA notice: Recipient sha ll attach the fo llowing in such a manner and location co give COPYRIGHT 1999 BY CITY OF ENGLEWOOD, COLORADO . ALL RIGHTS RESERVED . NO PART OF THIS DATA HAY BE COPIED, REPRODUCED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS WHETHER GRAPHIC, ELECTRONIC, OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, OR BY AN INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT WRITTEN PERMISSION FRCM THE ARAPAHOE COUNTY, COLORADO. 23 . Disclaimer Notice. Rec ipient s hall attach th e following notice of disclaimer on all copies of the DATA in such a manner a nd loca :ion to give notice: CITY OF ENGLEWOOD, COLORADO IS FURNISHING THE DATA ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR WARRANTY, INCLUDING BUT NOT IN ANY HANNER LIMITED TO, FITNESS , MERCHANTABILITY, OR THE ACCURACY AND COMPLETENESS OF THE DATA . IN WITNESS WHE REOF, t he part i es have executed this Agreement effec:ive the date and year first above written . COUNTY OF ARAPAHOE, COLORADO By: ___________ _ Author i zed Signature Title: Date: Attest: 6 CITY OF ENGL EW OOD . COL ORADO By:~-------------Authorized Signature 'Ihanas J. Burns Tit l e : ?layor Date: Attest: Icucrishia A. Ellis, City Clerk C :IDATAIFORMS\Arapco GIS Agreement as revised .doc ' . ' . . ) I • 0 3 • • ,. --· • .. .. • -' Exhibit A In an effort to support both the County's Comprehensive Plan Update and to provide the City with DAT A in order that the City can create a Geographic Information System the following DATA will be exchanged . DATA from the County to include, but not limited to : • Digital Orthophotography for the City, in the County 's tile format and stateplane NAD83 coordinate system . • Parcel Layer File to include tabular data . • Road Centerline Data . • Data created in phase one of the County's Comprehensive Plan Update, to include but not limited to Existing Land Use and ADT traffic data . • Surface Soils Data . • Digital Elevation Model (DEM) from Digital Orthophotography creation . DATA from the District to include , but not limited to : • Englewood Parcel Data and Address information by Parcel Number • Road centerline Data • Englewood Zoning data • Englewood Annexations • Englewood Subdivisions • Other local political boundaries • Water and Sanitation Boundary Data • Street signs/traffic lights • Right of Way and Park information • Sanitary/storm sewer data • Utility data to include but not limited to manholes, fire hydrants , water mains , sewer lines and gas lines . • Intersection Data • Existing Land Use data updated from Arapahoe County 's Comprehensive Plan Update data . • ··-------- ., .. I . 0 - • • ORDINANCE NO ._ SERIES OF 2000 J •,. .. -• • - BY AUTHORITY ABILLFOR ' .. ,C,JI COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE APPROVING THE ACCEPTANCE OF TWO EASEMENTS LOCATED AT 4601 SOUTH SANTA FE GRANTED TO THE CITY AS PART OF A MINOR SUBDIVISION BY DUGGAN PROPERTIES L.L.C . WHEREAS. in order to facilitate a minor subdivision of the Duggan Properties located at Santa Fe Drive and Union Avenue in the City of Englewood. Colorado the Owner granted an access easement for City ingress and egress to the subject property and the property to the West of the subject property: and WHEREAS , The Owner extended the sewer line and granted the accompanying sewer line easement as a part of the requirements for the minor subdi,;sion: and WHEREAS, the acceptance of these easements will ensure City access for emergency and utility purposes ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon 1. The grant of the access easement and the sewer easement located at 4601 South Santa Fe from Duggan Properties L.L.C. to the City of Englewood. Colorado, attached hereto as "Eltbibits A and B" are hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the easements for and on behalf of the City of Englewood, Colorado Introduced , read in full. and passed on first reading on the 6th day of March , 2000 . Published as a Bill for an Ordinance on the 10th day of March, 2000 . Thomas J . Burns , :vtayor ATTEST : Loucrishia A. Ellis. City Clerk -1- , .. .. .. ) I • 0 I • • • COUNCIL COMMUNICATION DATE: March 6, 2000 AGENDA ITEM • • - .. . . SUBJECT: Eas ement Dedication s -Duggan's Subdivi sion INITIATED BY : Department of Community STAFF SOURCE: Harold J. Stitt, S e nior De velopment Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: No previous Council Action on this property . RECOMMENDED ACTION: That the dedication of the 30-foot sanitary sewer easement and the emergency vehicle access easement for the Duggan 's Subdivision . BACKGROUND AND ANALYSIS: Duggan 's Subdivision is a re subdivision of two parcel s located at the southwest comer of So uth Santa Fe Dri ve and West Union Avenue . The purpose of the resubdivision was for th e realignment of the property line between the two exi sting parcel s to facilitate the s al e of th e northern parcel , Lot I . As a re sult these two new easements were required . The 30 foot wid e sanitary sewer easement was required due to the extension of the public sewer main so that each new lot would have separate sewer service . The Water and Sewer Board approved thi s easement on January 11. 2000. The emergency vehicle acce ss easement was required by the Fire Marshal to mainta in the hi storic emergency access to an adjacent parcel. FINANCIAL IMPACT: There are no negative financial impacts to the City associated with the approval of th ese easem ent dedi cation s . LISTOF ATTACHMENTS: Bill for Ordinance Map ' • I ) I . (') - • • 1' • ,,-- • )• !~ ~~"" .. .. . , ., • -.. ' ' 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 March, 2000. Loucrishia A. Ellis -2- " . ' I • 0 32 - • • • ' . . ..-. • • - GR.\.i'1T OF ACCESS EASE i'\.lENT THIS GR.-\NT of access easement (this "Grant") is made thisZ!:±"' day of February. 2000, by Duggan Properties L.L.C . ("Grantor") whose address is 5942 Kline Street, Littleton, Colorado 80127 in favor of the CITY OF ENGLEWOOD , COLOR.WO, ("Grantee") w hose address is 3400 South Elati Street, Englewood, Colorado 80110. The parties covenant and agree as follows : I . Easement Property. The "Easement Property" shall me:m the rea l propert y located in the County of Arapahoe, State of Co lorado , more part icul ar ly des cri bed on Exhibit:\, cons isting of i pages , attached hereto and incorporated herein by reference . 2 . Consideration. As consideration for thi s Grant, Grant ee ha s p aid Granto r the sum o f One dollar (S 1.00) and other good and valu abl e cons ideration. the receipt of\\ h1ch 1s hereby ac kn owledged by Grantor. .,_ Grant of Ac cess Easement. Gr antor hereb y gr:mrs :o Grantee. its successors :ir.d as si gns , a perperual, nonex c lus iv e easement (the " Acc es s Easement") over, across and rhrou"'h th e Ea sement Property for the purpose of ingr ess and e gress and general access to the E:iseme:11 Pro perty and the Property immediately to the We st of the Easement Property . 5 . No Improvements . Grantor co venants and agrees not to construc t, erec t, p lac e or plan any "Improvements," as hereinafter defined , on the Easement Property without obtain ing the prior written consent of Grantee. "Improvements" shall mean an y structure, building, planting, trees or shrubbery other than lawns , commerc ial landscaping , and other existing features on the Easement Property, including, but not limited to , pa vi ng, drain age ways, retaining w alls , speed bumps etc . Grantee shall have the right to re mov e, without an y liabili ty to Granter, an y improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 6 . Subjacent and Lateral Suoport. Grantor covenants and agrees that Grantee shall ha ve the right of subjacent and lateral support on the Easement Property to whatever extent is ne cessary or desirable for the full , complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. A:1.A -ENG LWEOODAC CESS . WPD -1- • E X ... I B I T A I • 0 - • ~ • ' ''t;, 4-·, • -.. 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership , use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title' and interest hereunder of Grantee shall cease and tenninate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property . In the event that Easement is abandoned by Grantee, Granter shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee . 9 . Warranty of Title . Grantor warrants and represents that Granter is the fee simple owner of the Easement Property and that Grantor has full right, title and authority , that this Grant is effective to grant and convey to Grantee the Access Easement, and that this Grant of an easement is superior to all other grants . Grantor further covenants and agrees to indemni fy, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the wh ol e or any part thereof. 10 . Binding Effect. This Grant shall extend to and be binding upon the he irs, personal representatives, successors and assigns of the respective parties hereto . The tenns , covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . A;\A-ENCiLWEOODACCESS.WPO -2- • . .. ,. .. .. . ' . • • ) I • 0 - • • ,.- • ... • - IN WITNESS WHEREOF, the parties hereto has executed this Grant of and Sewer Line Easement the day and year first above written. Attest: Granter: ~~~~ STATE OF COLORADO coUNTY oF Oc >L LLbv ) ) ss. ) WITNESS MY HAND AND OFFICIAL SEAL . My Commission expires : --------. ___ . /---.. '~,t L~ LINDA R. HULL NOTARY PUBLIC STATE OF COLORADO l ... ~ublic . --------- Attest: My Comm,sSlOn £,pwes 2-6-20oi Grantee: The City of Engle,,.ood 'lb:rras J. Burns, Mayor STATE OF COLORADO ) ss. COUNTY OF ---4A ... r ... ar .... -a .... 1.:ioe..,.___ ) Acknowledged before me this ___ day of ________ , 2000, as --------~and as WITNESS MY HAND AND OFFICIAL SEAL . My Commission expires : ----------- Notary Public A:IA-ENGLWEOOOACCESS . WPD -3- ) I· 0 32 I ] • • n oN THAT THE 11-t£ 5™ P.M. JNUMOITS AS -NY P\JBl!C -C::~RY TAT\J"T!: ,. • • • ' C:.J.fl il.)11 M Wi ;;.ws:s;-r01 · REVIS£:) ,_llL'R'r PARCEL A ntlCT OF l..).NQ BE INC 4 POR'TlON OF 11-tE NW 1/• OF" SEC-:":CN 9 . T 5S .. R.58W . OF" THE 6™ P .W., COUNTY OF AIUPAHOE. S7Al! OF CCLOAAOO . 9E !NC WCRE PARTlCUl>RLY CESCRIBE.0 "5 F'OU.OWS: BCG.NNINC AT THE WEST ONE-OUARl!il CORNEil OF SAID SECTION 9: THE~E: N89"~'00"E ALONG n-E SOl/11-t U,..E OF r,.;£ NW 1/4 CF ~ SECXN 9 , A OtS7ANCt OF 1~27.42 Fm: 11-tEM:E NOO'O~'OO"\¥, A Ot':,"TANCE or 15!.00 F'!!'T TO il-iE SCUTI-f#[:S':' CORNEil OF A T'R.ICT OF' L.A/'10 .S DESCll18ED IN 8001< 10 25, PACE JI!• CF' THE A/UPN-!OE CCtJNTY RECOIIOS : 11-tENCE S89"'8'QO',v ALCNC A UNE , ,e.co F!!1' N()lffl; OF A/'00 i>~ iW11-t 'i"HE SOl.,"T'H UHE OF r,.;( NW 1 / • OF S,t.10 S£C':'l0N 9 , _. OISTAl'ICf: OF 10 .52 Fm TO THE ~L'f CORNER OF' PAIIC!:!. ._. • AS OE:sCRISEO IN 9001< 2 T ~ AT PAGE 5J2 OF THE AIUPN-ICE COUl'm' RECORCS : 11-tOIC!: ~~'00"'# ALOHC TI-,£ WES'T'ERL'f UHE OF S,liO i>ARCEl. "A", A CISTANC! OF' 18J.50 F"m TC 11-tE NO~LY CCR"'~ OF s.>JO PARCEL "A", S,l,IC ;>CINT BE:NC ON 11-tE SOUTH~LY RICHT-OF'-WAY L:NE OF' '#EST UNION A\l(!'IVE; ll4£1'j(:[ 5a7'T 1'00"E "LOl'IC 5.'IO SCUT.IERI.Y R~-CF'-<WAY UNE, A OIS'r-""'CE OF 2 111.&J FEE:i TO 11-tE Tl!\JE POINT CF' 8EGlNNINC : 11-tE~E CCNTINU1r.G sa-:-1 t 'OO"E ALOr.G ~o S0IJTl..€l'IL'f ~c;,T-CF'-'#AY LINE, A OrST»ia: OF" 2•;.20 C'T f,, A :ll~•NT C:'I i'\;£ ~~!_"" lft,:'~-~,:--#4Y ~:Nf.: C& :J .!. q lGHWA Y -..0 ~c Ai.SC KNOWN ,l$ :OI.JT'r, SANTA F'! CRIIIE : ~~E 5 ' :·29·~._ "If >i..:!'OG s.><C WEST!ill.Y ~ICH T-CF'-#AY UN£. A OCiT»ICE OF" Z:5 . .J:. =!~. :-,.€.'<CE N89"~·oo•,v 4 01~»1<:E or 147.04 ~: n-~E '<OC';)4'44'1f • OI S7 .. NCE: CF T J.12 F!n: ~£!'ICE '1•9"0J'~e·.-. A OIS1'ANC! OF' 47. iJ F":r TO • ::>C INi ::N T;,£ SCUTH UNE OF A 2! F'OOT :Nc.RESS-E:GRESS E:•S£\.IE,n' "5 ~ESE;!';£:) N 3 CC-< 1732. PACE eo ; TH E:'IC~ S89"!!':0'#, .ll.Ci'<C s.i.c SC\/11-t L:NE, A :1 Si'Al'oC £ CF 34.9• ;:;r,. n-.E.',CE Nco·:::·oo·" .. iltSi.:..-..c.: ~ 25 oo r::r.-. r ... EscE N89'5!'~'E A :ltS7ANCE CF 1 I.SC "::!:7 . -:,.e::,.c:: NC:''9'·c:: .. :1S.>NC£ .;F 172 . 7! F'!~ TO 1,,E :,;,NT Cl'" :E~:Nl'I INC . A ?~CZ!.. CF L>NO Sr...'.&TE N -:"H E ~w : /4 •:F S~·:7:CN 9. i . .:s .. ~.sa ·N . e r ir'"E 67i- i> w .• :IE!r.G • "CRr CN CF" Tl•.A T P•RCE::.. 0£SCr!l8EJ ,N 3COK 1 7!2. i>AGE eo . AR.&i>At<CE CCUN':'r , CC L ::R>CC RE C:RCS ANO SE iNC ~CRE P•irnCJ L-li,LY OESCi118E.0 AS r CL~C W'S . CCUME.>;C! A7 TI-E S.:U';"l.;W(s;' CCRNEil OF $.AID "'w : /4 OF' S£C7 1CN 9 : :"""ENCE N159·~11·:io·::. 41.0 NC Tl-£ sc 1.m, Uf\1£ OF' S,l!O NW I /4 OF SEC71CN 9, 4 CISTANCE OF" 171 1).! I l'"'t.!"' TO 11-E "OINT OF' 3E·;:NNINC, rl"E'<CE N00'::5 ·oo·.-.. ALCNC TI-E #~ WNE OF" $,1,IC ?&/!CE:. CESC!!!BEO IN 3CCK 1 7 32. P•CE ea. 4 CIS. .. NCE CF 133 .~ :":.-70 A ~O li'<T ON -.. E sc ur .. l..!i'<( QI' ;..e: INCRESS-EC.:l~S E,I.SC:,.C,.T RES;::::vc ,N S.,.IC 9CC K ; -3~, l'AQE !O: n-E .. CE sag·~·cc·e:. AL:J NC S.,,O scu ;;., L:N(, " CIS-.....CE CF" J• 3• ·::~: r .. ('<CE S,49"~·~e·e: A CIS7»1CE CF 4 7 >J •::!"'. 1"-£.'<E sec~·· .... :: .. cis:-AM:E o r , J. 2 ,T . r .. E'IC:: Sll9'•!'0C-E. A OtSi'»ICE CF' 1A7 0 4 =-:..:.-re A "'JINT Ci'< i'H E 'NES7!~L~ ~1c ... r - OF-NAY U i'IE CF u S . .,,c;,,w,.y NO a5 41.SO '<NGWN "5 SANTA F'! CR!\.~ l H'.!'<C! S T 1'29 '!4"1f. 41.C"'C S"'C #ES'" RICr•-·JF'-#.&Y L..N(. A 0 tS1'ANCE CF eg ~ 'E:'.T TO A "'JINT ON S>1C SC UTH UNE CF" l i..E -.w 1 / • OF' S£·:71 01'< ); T,,('ICE S119'~8 '00'#, ~:J NC SAIC SCL'no ~,NE A OI S7ANCE OF 2C O co =::;:-ro r,.,E ?':INT OF' BEC:NNINC CWfC!DQN· I, 8RE7T I... 111,WR, .i. ::>c:;cr::ss ,C11o.1L ,.,....0 , ... R"E r CR ;::c:s,ERE:l IN i i..E ST.I,£ JF' COLOR.ACC "'€:SE3":' C£R ,lF'' • ... I • 0 ;.. • • :: . . t'. ~ • • • EMERGENCY VEHICLE ACCESS EASEMENT THAT PART OF THE NW 1/4 OF SECTION 9. T .5S .. R.68W.. OF THE 6n; P .M .. CITY OF ENGLEWOOD . COUNTY OF ARAPAHOE . STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : .. BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 7698 AT PAGE 236 . ARAPAHOE COUNTY . COLORADO RECORDS . THENCE S87 °11 '00"E . ALONG THE NORTH LINE OF SAID PARCEL. A DISTANCE OF 26 .07 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING S87°11 '00 "E ALONG SAID NORTH LINE . A DISTANCE OF 35 .00 FEET; THENCE S02°49'00"W A DISTANCE OF 30 00 FEET. THENCE S22°17'25"W A DISTANCE OF 30 00 FEET; THENCE S02°49'00 "W A DISTANCE OF 112.02 FEET TO A POINT ON THE NORTH LINE OF A 25 FOOT INGRESS-EGRESS EASEMENT RESERVED AT BOOK 1732. PAGE 60 . ARAPAHOE COUNTY . COLORADO RE CO RDS . THENCE S00°02 '00 "E A DISTANCE OF 25 .00 FEET TO A POINT ON THE SO UT H LI NE O F SAID 25 FOOT INGRESS-EGRESS EASEMENT. THENCE S89°58 '00"W. ALONG SA ID SOUTH LINE . A DISTANCE OF 60 . 71 FEET TO A POINT ON THE WEST LI NE OF THA T PARCEL OF LAND DESCRIBED IN BOOK 17 32 AT PAGE 60 ; THENCE N00°os ·oo·w. ALONG SAID WEST LINE . A DISTANCE OF 25 .00 FEE T TO TH E NORTHWE ST CO RNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 17 32 A T PA GE 60 A ND SAID RESERVED 25 FOOT INGRESS-EGRESS EASEMENT . THE NCE N89°58 '00 "E. ALO NG TH E NORTH LINE OF SAID PARCEL OF LAND AND THE NORTH LI NE OF SA ID RESE RV E D 25 FOOT INGRESS-EGRESS EASEMENT. A DISTANCE OF 11 60 FEET TO A PO INT OF NON- TANGENT CURVE . THENCE ALONG THE ARC OF A CURVE TO THE LEF T WHOSE CHORD BEARS N42°06'39"E A DISTANCE OF 38 .00 FEET, SAID CURVE HA V ING A CENTRAL ANGLE OF 78°35'17", A RADIUS OF 30 .00 FEET AND AN ARC LENG TH OF 4 1.15 FEET TO A POINT OF TANGENT; THENCE N02°49 '00 "E . ALONG SAID TANGEN T . A DISTANCE OF 143 .34 FEET TO THE POINT OF BEGINNING . THE ABOVE DESCRIBED PARCEL CONTAINS 6 ,396 SQUARE FEET (0 .1468 ACRES ). THE SE A RINGS USED IN T HE ATTACHED DESCR IPTION ARE BASED UP ON TH E ASSUMPTION THA T TH E SOUTH LI NE OF THE NW 1/4 OF SECTION 9 . T .SS .. R.68W .. OF THE 6 "' PM .. BEARS N89°58 '00"E AS BOUNC ED ON TH E WEST BY A 3'h" ALUMINUM CAP LS 16398 IN A RANGE BOX AND ON TH E EAS T BY A 3%" AL UMI NU M CA P LS 10734 IN A RANGE SOX . CATE PREPARE D · FEBRUARY 14 . 2000 DA TE C F LA ST RE V ISION : PRE?ARE D BY BRETT L. MILLER . PLS NO 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET. SUITE 126 AURORA .COLORADO 80012 PHONE. (303)337-1393 • ,. ., .. • I . 0 -----------------,.--------~ .. - • ,/ . • ,. • • POINT OF' COMMENCEMEN .. -..-. Dall -.,.. -Zll I I I I I I I I I I I I I I I 6•78"35'17• I R•J0.00' 1 L•41.15' I Chd•N42'0l'JS1"E 38.oo· I N00'05'00"W 25.00' I .. EXHIBIT POINT OF' BEGINNING WEST UNION A VENUE (11.0.W. V~) ser11·oo·E 35.00' Af--._ __ --------- • .., ..; • ~ ~ a, • N 0 z °N 0 r-i ~ 8 a, • N 0 en S02"49'00"W 30.00' S22"17'25"W 30 .00' ecn. CQNINNS; 1.JN~'UT OIi o. ·-.tCIIIS S00"02'009E 25.00' Neg·se·oo·E 11.60 ' I ' : ,, '-! ' S89"58'00"W' 60.71 CllY Of' ENGLEWOOD EIERGENCY VEHICLE ACCESS EASEIENT all1ID II N • 11• 01 --t, us.. ...... ·-... ,. ar, or--. --_.,, - • ., I· 0 I • • • .. .,.. . • ) .... • -.. GRANT OF SEWER LINE EASDIENT THlS GRANT of sewer line e:i.se:nent (this "Grant") is made this2Ym day ofFebruary, 2000, by Duggan Properties L.L.C. ("Granter") whose address is 5942 Kline Street, Littleton, Colorado 80127 in favor of the CITY OF ~GLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, Colorado 80110. The parties covenant and agree as follows : 1. Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, consisting of 1 page, attached hereto and incorporated herein b y reference. 2. Consideration. As consideration for thi s Grant, Grantee has paid Granter the sum of One dollar (Sl.00) and other good and valuable consideration, the receipt of which is hereb y acknowledged by Grantor. 3 . Grant of Sewer Line Easement. Granter hereby grants to Grantee, its s ucc essors and assigns, a perpetual , nonexclusive easement (th e " Sewer Line Easement") o ver und er, across and through the Easement Property for the purpose of constructing, operat ing , maintaining, repairing, replac ing, removing and enlarging the "Lines and App urtenances ," as hereinafter defined . The "Lines and Appurtenances" shall mean one or more sewage pipe li nes and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of sewer , including, but not limited to, mains, conduits , vaults, ventilators, electric or other control systems, cables, wires and connections. 4. Access. Grantee shall ha ve the perpetual , nonexclus ive right of ingress and egress in, to, over, through and across the Easement Property for an y purpose necessary or des irable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Restoration . Grantee agrees that after the construction, maintenance, repair, replacement, or enlargement if any for the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Granter on the Easement Property which are damaged , modified or altered '.:Jy Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. A:IA·SF _lJTIL_EASE .WPD • ~ X .. I B I T 8 I .. • 0 ~J • • I· • • ~ ,,-·· • .... ~ ' • -' 6 . No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure, building, planting, trees or shrubbery other than lawns, commercial landscaping, and other existing features on the Easement Property, including, but not limited to, paving, drainage ways , retaining walls, speed bumps etc. Grantee shall have the right to remove, without any liability to Granter, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Granter. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right ofsubjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Riizhts ofGrantor. Granter rese rv es the full right to the undisturbed ownership, use, and occupanc y of the Easement Property insofar as sa id ownership, use. and occupancy is consistent with and does not impair the rights granted to Grantee in th is Grant. 9 . Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and termina te, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove an y or all Lines and Appurtenances from the Easement Property . In the event that Easement is abandoned by Grantee, Granter shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee . 10 . Warranty of Title . Granter warrants and represents that Granter is the fee sim ple owner of the Easement Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the Sewer Line Easement, and that this Grant of an casement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof . 11. Binding Effect. This Grant shall extend to and be binding upon the heirs , personal representatives, successors and assigns of the respective parties hereto . The terms , covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. A:IA-SF _l/TIL_EASE. WPD • . ' ) I • 0 • • -. --• j ••• • • IN WITNESS WHEREOF , the parties hereto has executed this Grant of and Sewer Line Easement the day and year first above written . Attest: .. Grantor : 0t~~ STATE OF COLORADO COUNTY OF a.e IL i,LVt.. ) ss . ) W1TNESS MY HA.t'ID A.'ID OFFICLA.L SEAL . r .. • uNoA ·R . HULL • 1 : NOTARY PUBLIC l : ,STATE Of .. COLOR~O ... J My Comm iss ion expires : ---------- ( ~ ,-<l,~ ~ ·~Public Attest : My Commi ss,on EJ11:ire s 2-6-200 I Grantee : The City of Engl~ 'I'ham:!.s J. Bun1s , Mayor STATE OF COLORADO ) COUNTY OF l\capdre ) ss . ) Acknowledged before me this ___ day of _________ , 2000, as __________ and as WITNESS MY HAND At'ID OFFICIAL SEAL . My Commission expires : ----------- Notary Public A:IA-SF _ UTJL_EASE. WPO -3- • .. " ... .., I . 0 I • • TlON THAT THE 1l1E 15™ P.M. )NUWENT'S AS >L .-cTIQN 'S AFTER TlON BASED 'I TEN~ aN'f PUBLIC .CCESSCRY :TAT\JT! • ,,... . • • - I ECi:!1 QfSQffl" REVISEcl "11..1..AR':' PARCa A m.acT OF ~o BE ING A PORTION OF THE NW 1/4 OF SECTIO N 9 . T.5S .. R.68W .• OF THE 6Trt P .M., COUNTY OF AIW'AMOE. SiATE OF COLOAAOO . BE !NC lolCRE PNmC:.Jl.AALY OESCRISEO AS FOU.OWS: 8£GINNINC AT THE WEST ONE-OUART!R CORNE~ OF SAID SECTION 9; THENCE N89"58'00"E ALONG THE SOUT1-I LINE CF' TH£ NW 1/4 OF SAID SECTION 9, • OIS'oANCf: OF' 1521.42 Frri: THENCE N00'05'00"W. A DISTANCE OF' 158.00 F'!ET TO THE SOU™WEST CORNER OF' A TIUCT OF' ~C AS DESCRIBED IN BOCK 10215 . PACE 384 CF' THE AIW'~OE CCVNTY REC~CS: THE.~CE S89"58'00•N AlCNC A LINE 151!1 .CO F!!T NORTH OF ANO PAStaU.£1. WITH THE ~ LINE OF THE NW 1/4 OF' $.1.10 SECTION 9, A OISTANC! OF 10.52 Frrr TO Tl-tE SO~L'!' CORNER OF' PIIRC[l 0 A0 AS OESCReED IN BOOK 21'8 AT PIIGE 5.32 OF THE AIW'~E ccu..m RECORCS ; Tl-iENCf N00'05'00"# ALONC Tl-iE WESTER!.'!' LINE CF SAIC ?ARCEL .,.., A DISTANCE OF 1&3.50 F£ET TO THE N()~LT CORN~ or s.-10 ?ARCEl. "A", S/11[) PCINT SE INC ON THE SOUTHE:RLY RICHT-Cl'"-WAY UNE OF' WEST UNICN A\/El'IUE: THE!'ICE S87"11'00"E ALCNC SM) SOU'THER1..Y R!Cr,'T-CF'-·o1111-Y LINE, A OISoANCE OF 21 !.&J F'EET TO THE TRUE POINT OF' BEC:NNINC ; THE'-CE CCNTINUINC S87"1 1'00"E Al.Che $.I.IC 50~'!' ~c;.tT-CF-WAY LI"'(. A OIS7»<Q: OF' 247 .20 ~ T" A ~t.:,.!NT C!'I NE W£5~L" ~t:.i-lT-~,:--W-l'!' :.:~F: ~ :J .!. 1"iC!-'¥fA':' ~'J :.ic; Al.SO KNOWN AS :.our" S,INTA F'! ORN£; TliENCE s· :·29 ·~4 -,.. ~ ... :::i-.c S,"C WESit.~Y RICHT-OF-"NAY L'NE. A QtS,ANCE OF' ZJ5 . .32 F!~. ~.-,L'+C£ Ne9"-4J'OO•N A OIS'l'.o.NCE OF' 147 .04 F!Zi: TI-~E: '<()C".:).4'•••.w 4 QiS,.:.NCE OF 13.12 F'EET : THENCE: N49"03'~8-M 4 OIS.ANCE OF 4 7. 73 ~ TO A .>OINT CN THE SCUTH LINE or A 25 F'OOT INCR~-E:CRESS DSEME!'fl" 45 RESE:~D ;N SCCK 1732, PAGE 50; Tl"E"ICE ssg·sa ·co -... AL '.J NC S,.110 scun, L.!N E, A CIS,ANCE CF' 34.94 F'!!i : THENCE NC<Y o s·oo-.. A u!ST.:.NCE OF' 25 00 r0. , .. ENCE Ne9·sa ·co·:: A 0157.lNCE OF' 11 .60 '"E:~. r,,e::,,c:: NC,09''0'";: ,. J•S7>NC0: J F 172 .7~ F::rr TO TJ,,E ?CINT CF 3E".:;lf'<N l!'.G . A PAilCE:L OF' I.AND S:-:\!.ATE IN r ... e: ,..w I,,. CF' SE ·:r.oi 9. T.5S .. il.:B"N. OF' PW ., BE!NC A PCR TICN OF' T,.-.14• P•RCE~ DESCRt eEJ !N 8CC1< 173.'.. PAGE 60, ARAPAHCE c:::u~. c:::LOR.>CC REC :::RCS ANO 9E:NG t,1 CPE P•R11C;.;L..,-:;LY DESCRIBED AS rCLLOWS. CCI.IMENCE AT T'r'E SC~WE:Si' CCl<NEil :::, S,.110 'IW 1/4 or SECT iCN ;; n-e:sc:: Ne9°5a'OO"::. ALONC n-,( scvr ... U f'<( or S,.1)0 NW t / 4 Of SEC71CN 9 , ... 0157.>NC:E OF' 17115.81 F'E::-r TO THE "OtNT OF BEGINNING , 11-E'ICE "IOC'C5"v0·N , AL CNC TI-E WES, U NE OF" S,l,10 ?ARCE !. CE;CRIEE~ IN 3CCK l i !2. PACE eo. A Ct57•NCE CF 1.3J . .JO >E:CT TO A PCINT ON r.-E SCuT,. L!NE OF" ;;.ie: 1NGl<E5.S-ECR£SS E,t.S~"~' AES~ IN $.>10 9CCK t "J,. PAGE: eo : THE .. CE )jfg·~·co ·::. ALONG S.,,O scur .. WNE, A OlS..>NCE CF ,34 ; .. •E::7 : n-rscc: 54<;0.Y~a·:: A CtST.>NCE CF" 4 7 .73 F"EF:"". T'HE."CE S00"04'44"£ A OIS7>J,iC( OF' U.12 ,s,.-, r..,E!'ICE ssg·•soo·::. A 01Si>NCE CF' 14 7 a, r:..:., TO " :><j lNT CN il-E 'NES-:::'<L':' RIGH i - OF-'NAY LI NE CF' u S. '11Ci'WAY NC . a5 "'l.50 '<!'IOWN t.S S.,.NTA ,E OR!\!; n-E'ICE S l 1·29'!4•,w , ALONG $.1.10 WES7 AtG,-T-0F-N,1Y t.:N E. A 0151'.I.NCE CF' e9 !-' F"E:E:i TO A P'JINT ON s,,,c scur ... U NE OF Th E NW 1 / 4 OF" SE•:TlO N 3 : Tl-,E SCE S89'58'ocr.v. ALONG S,.110 SOU'TH 1.,NE A 01Si .. NCE OF 200.:0 ;:;:r; ro r.-,e: PO INT OF" BEG INNING . CfflDFJCl,J'XlN · I, BA£;"i L . MIWR, :. ::>RCf::S$1CNAL t.A/'<0 $1..RvE:'•CR ,f~IS7E ,:;EJ IN ihE STA,£ or COl.OAAOO ... ;:;;ES':' CE:i<7 1F'' BRETT L. ..ILi.ER PROFt:SS ICML L.S )jQ. 27609 DATE OF' SUR'IEY: OC TO BER 21 . 1999 ) I • 0 • • -. • .,,--. • ~ • • ' SANl7ARY SEWER EASEMENT THAT PART OF THE NW1/4 OF SECTION 9, T .SS .. R.68W., OF THE 6TH P.M ., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT A POINT ON THE SOUTH LINE OF SAID NW1/4 . SAID POINT LYING N89°58'00"E 1716 .81 FEET FROM THE SW CORNER OF SAID NW1/4 ; THENCE N00°05'00"W A DISTANCE OF 120 .00 FEET TO THE POINT OF BEGINNING ; THENCE N00°05'00"W A DISTANCE OF 30 .00 FEET; THENCE N89°58'00"E A DISTANCE OF 60 .72 FEET; THENCE S00°02 '00 "E 30 .00 FEET; THENCE S89°58'00"W A DISTANCE OF 60 .70 FEET TO THE POINT OF BEGINNING . THE ABOVE DESCRIBED PARCEL CONTAINS 1,821 SQUARE FEET (0 .0418 ACRES). THE BEARINGS USED IN THE ATTACHED DESCRIPTION ARE BASED UPO N TH E P.SS uMP lON HAT Tf,E SOUTH LINE OF THE NW1 /4 OF SECTION 9. T .SS .. R.68W., OF THE 6"' PM . BEARS N89'58 '00"E AS BOUNDED ON THE WEST BY A 3~· ALUMINUM CAP LS 16398 IN A RANGE BOX AND N TH E EAST BY A 3 y.· ALUMINUM CAP LS 10734 IN A RANGE BOX . CATE PREPARED: JANUARY 20, 2000 CATE OF LAST REVISION : PREPARED BY : BRETI L. MILLER, PLS NO . 27609 FOR ANO ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET. SUITE 126 AURORA, COLORADO 80012 PHONE : (303) 337-1393 • ' . . . , ) I . 0 ] -----......... • ..::-iL --~-·-· -=-..;~-- ---·------- • • • ' . ... NOO'OS'OO"W 30.00' POINT Of' BEGINNING ~ /" . • • -.. EXHIBIT r-~;.~~~~~:E-----;~.;~~---: __________ L ____________ _ [lllSTIHC; 7!" ACCESS [.IS[W[MT ( ... 1732-DC.IIO ) ----------------------------------------- I I I I I I . I 18 lo -l~ I I ~ 18 lin ,o I~ I I I S89'58'00"W ,, : ' I ' 60.7(1,. ' soo·o2·oo·t 30.00' Lo·r 1 lL ', _ _/ ---------'l ) ~~ L __________ _ l.01 2 POINT OF COMMENCEMENT W COIINOI IIMCll. DUD IOOIC I 732 pgn. CONJNN$· ,.a, --,ur OIi 0.0-'. IICll[S . I ~ t!i:o:j~l !!!11'111'.m_ SOUTH I -0,, ..... ',. ,.. ~ ...!, .!JS ..... ",!Pf..._ 0,, 1!S. fTH !.."'-"":'\ffm· --------_.,,._ _.-~ -~orliNINGs -- I CITY OF ENGLEWOOD . SANITARY SEWER EASEMENT 91\111111 .. 1NI -,,. "' lll:TIIIN •• us .. ...... 0, 'IMI 11M ~JI. CIIY o,--. -.it~. CCUIIWIO ' . .. . • I I • 0 ... \ • • -• 1 I I I I { I I ~ -I .. I .. iS I I •.x i!II ~· ,:_ /II ;, a.a3 ,, =i I •• I I I I I I I I I or ·---~-::2. .. ' --·--'"'-:'--' -=-·--..._ _ _, Sanitary Sewer Easement ~ • • - ,. • •• WIIT ~VENUI --· ----~.I .. _ ___, Nll'4l'OO-.W 1"7 04' .. Emergency Vehicle Access Ease .ment ~ .. I • 0 - • • • ORDINANCE NO._ SERIES OF 2000 , ... •' . , .. • -• .. • - BY AUTHORITY .... ' /D~I COUNCIL BILL NO. i INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING VARIOUS TITLES OF THE E NGLEWOO D MUN1CIPAL CODE OF 1985 RECOGNIZING THE ORGANIZATIONAL STRUCTURE OF THE CI TY . WHEREAS , this will coordinate the Code with Article VII of the Englewood Home Rule Charter; and WHEREAS , there are numerous places in the Co de that need to be clarified to reflect the spirit of the City and City Manager form of government and the current method of operation of the City; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C lTY OF ENGLEWOOD , COLORADO . THAT : Section 1. Title l. Chapter 3, Section 4; Englew ood Municipal Co de of 19 5. 1s he reby amended by insertion or deletion of the following a mended definitions m alphabetical order, as follows : CHIEF BUILDING OFFICIAL, CHIEF INSPECTOR, CHIEF BUILDING INSPECTOR OR BUILDING OFFICIAL ~: TRAFFIC ENGINEER: Tile Chief 81,tHIHRg Qliieia1 s r s11ell s liieere , iRepel!lere , lie1111ties aRli aee1st!IRte 1e tile P11elie Werke Qepaftmeftt wile may ee s11tllerieeli M eeferee epeeifte pre ~eiefte sf thte Celie . WHERE THESE TERMS ARE USE D I N THIS CODE OR Ai"N SECONDARY CO DES ADOPTED BY REFERENCE HEREIN. THEY SHALL MEAN THE PERSON DESIGNATED BY THE CITY MANAGER WITH THE TITLE OF CHIEF BUILDING OFFICIAL. Tile v. erli "estll" ieel111iee sfli,pmstieR BRli tile erli "a eM" i11el111iee tile .. erli efli,pm _ I!:. er, me lie sf ersl etsl;emeel 11elier eatll er sffit,metien is emerseeli ie tile term ··~stify'' snli e ~er, .. rit~e ene STATE?.4E~IT ie tile term "liepeee" . THE TRAFFI C ENGINEER, AS DESIGNATED BY THE CITY MANAGER OR S UCH OFFICERS AND ASSISTANTS DESIGNATED TO ADMINISTER ENGINEERING , OPERATIONS, AND MAINTENANCE OF TRAFFIC WHICH MAY BE AUTHORIZED UNDER THE PROVISIONS OF THIS CODE . Sectjon 2. Title l, Chapter 4, Section 6 · CITY JAIL; CONFINEMENTS . Englewood '.\lunic1pal Code 1985, is hereby amended as follows : ., ' ~ ) I • 0 3 ·-.....,..---------------------·-.--------------------- - • • • ,. • • • ' A. Jail Record Book . The Safety Seruiees DiPeeter, as keeiier sf tile Cit., jail. Cin· shall maintain a jail book in which shall be entered the following information relative to each person received, detained or ordered confined m the City jail: the jail serial number assigned, the name , age , sex . residence , charge , sentence. date and time received. date and time released and the credits allowed for work assigned or good behavior. B . Persons Confined Required to Work . Any person committed to jail for a violation of the Code may be required to work for the City at s uch labor a s may be de s igna ted by the Sate'Y SeMeee DiPeeter CITY MANAGER OR DESIGNEE , within or without the jail. not exceeding ten (10) hours for each working day. C . Credits Issued . 1. Credit on Jail Sentence. The Safety Sero ieee Di,ieeteP CITY '.\1ANAGER s hall have the power to reduce the sentence of a pe rso n confined under a Jatl s entence imposed upon him, where the pers on so confined does all work a signed to him , abides by the rules of the jail a nd all in trucu on g,v e n him , and otherwise conducts himself in a prope r manne r . Such reduction of sentence because of good conduct shall be co mpute d one d a y fo r e a ch tw o (2) days served so that each three (3) days of hi s sente n ce may thus be se rv ed m two (2) days . 2 . Credit on Fine. Any person imprisoned for nonpayment of a fine . who is required to work for the City as provided herein , shall be allowed . exclusive of his board. the additional credit of two dollars (S2 .00) per day for each day 's work , on account of such fine and costs . Section 3. Title 1, Ch apter 4 , Section 7 · RESTITUTION TO VICTIMS OF ORDINANCE VIOLATIONS, Englewood Municipal Code 1985. 1s hereby amended by adding a new Paragraph F to read as follows : F . ENGLEWOOD MUJ\'lCIPAL COURT SHALL BE RESPONSIBLE FOR COLLECTING RESTITUTION PAYMENTS FROM DEFENDANTS FOUND GUILTY OF ORDINANCE VIOLATIONS AND DISBURSING THE SAME TO THE VICTIMS . Section 4. Title 1, Chapter 6, Section 2 · DEPARTMENTAL ORGANIZATION, Englewood Municipal Code 1985, is hereby amended as follows : A. The departmental organization of the City shall be divided under the City Manager into the following departments eea aiPeetere tl!ereef: Administrative Services Fteeeeiel Sel"I ieee DiPee~• ef Fieeeeiel En effieie Ci'Y Tree011rer 2 a I • 0 - •• • • Community De,·elopme nt HUMAN RESO .RCE S Li br a r y Services Pu blic Works PARKS A:\'D Recrea ti on~ Safety Services Utilities ,,,.. . • • - Eh,ee t e r ef C0 1B1t1>11Ht'., E)e ele13meRt OtP ee t e r ef Liera~ SeR ie es E)ifeete r ef Puelie "'arks Oicr ee t e r ef Ree reatie R Se rnees Oireeter ef Safet) Ser 1e ea 0tfee ter e f Utiliti es B. Refe r e nce to a depa r tme nt duecto r e r 9e13ertm eRt Ree6 in tlus Code by any title other than set fort h m t lus Section s hall be co n strued to r e fer to t he depa r tmen t ftetl4 DIRE CTOR a et fo rth h ere in . C. O ne tem13ere~ eas1 a The City Manage r m ay , ON A TEMPORARY BASIS . reass ign duue a nd re po n s1bilit1 es to departm e n ts m the be st inte r est s of the City. Section 5. Titl e 1. Chapte r 6 8 · DEP ARTi\lENT OF AD1VII N1ST RATIVE 'ER\11CES. Engl e wood !\1unmpal Code 19 85 , is he r e by a me nde d as follows : ARTI CLE B DEPARTMENT OF ADMINISTRATIVE S ER\1CES 1·68·1: GENERAL RESPONSIBlLITIES : The Department of Administrative Services shall be responsible for all matters relating te 6ete flr eeess lftg , ee11tral stares , r1 sli me88ge111e11t . Jl1ueRasi11g 8116 emflleyee relettees . THE D1\1SIO NS OF RE\'E NUE , BUDGET. ACCO UNTING . INFORMATION TECHJ'\OLO G IES , P C RCH..\S IN G A:\'D CITY CLERK. IT SHALL BE THE DUTY OF THE DIR ECTO R TO ACT AS EX OFFICIO CITY TREASURER AND FINANC E DIRE CTOR FOR P .RPO SES O F STATE STATUTES ; TO ACT TO PROMOTE , SECCRE AND PRE SER\'E TH E FI NANC IAL AND PROPERTY INTERESTS OF THE CITY IN ALL CASES \\'HER E THE DCTY IS '.\JOT EXPRESSLY CHARGED TO ANY OTHER DEPARn1 E:\'T O R OFFICE . Section 6. Title 1, Chapter GC, Englewoo d Municipal Code 19 85 , 1s he r e by d e leted. ARTICLE C E)EPARTME!>IT OF Fl!>IA>ICL\L SER'qcgs . l GC l : CE!>IERAL RESPO!>IS181LITIES : TRe Oeflartme11t ef FiRa11eial SeRiees aRall ee re s130R eiele fer tRe Eii•liei011 ef Re•1e11u e , 8u9get , .\eeeuRtiRg. 8R6 City ClerlE . It s hell ee tR e 9uty e f tRe E)ifeeter ef Fiea11eial Se, .. iee e, ei1 effieie Cit) Treas \lfe1 , te eet t e 13r0m0te , ee e\lfe e119 JlFeBeP" e tRe a11a11eial 8116 13refleff)' interest s ef tRe City i11 ell eases "¥Rer e tR e 6Ut) is 110t e?EflFessl) eRerge9 te !Ill) etRer 6eflartme11t e r effiee. Section 7. Title 1, Ch a pte r 60, Englewood Municipa l Co de 1985. is hereby ch a n ged to Chapter GC . as follow s: ARTICLE E) DEPARTME NT OF COMM UNlTY DEVELOPME NT • • I • 0 - • • • ~-. • • - 1-@ C-1: GENE RA L RESPO NSIBILITIES: The De pa rtme nt of Co mmuru ty Developme nt s h a ll be r espon sibl e fo r th e fo rmula tion , adminis tration a nd 1mple mentat10 n of a ll pl a nning, environm ental. hous ing, health. sanita tion a nd redevelop men t pr ograms with.in t h e Ci t y aRti s hall eRfure e eeees relattftg Ee aa1e llP8gt"8R1 S: s ha ll assist t he Ci t y Pl a nning a nd Zoning Co mmiss ion in preparation of t he Mast er Pl a n fo r t he physical. soc ial a nd eco nom ic deve lopm ent of t he City; s hall ins pect s ubd1 v1s1on plats fo r co mplia nce with t he S ubdivi s ion Cod e; and s ha ll a ssist the Boa rd of Ad ju stment a nd ppeals by p rov iding info rm a tion a nd reco mmendations on ma tte r s co ns ,.de red by sa id Boa rd . Section 8 . Title 1, Ch a pter 60. Englewoo d Muru c1pa l Code 19 5 . 1s changed to a dd a new Dep artme nt of Human Reso urce s , a s foll ows: ARTI CLED DEPARTME NT OF HIB1A1\ RE SOC RCES l -6 D-l: GE I\1E RAL RE S PO NSIBILITIES : THE DEPARTM ENT OF HDL-\:--: RESOURCES SHALL BE RESPO NSIBLE FOR ALL .\L\TTERS RE LAT I:si G TO : RE CRUITME NT AND SELECTIO N . ORGA 1\TJZATIO NAL TRA INl?\G . .\:--:D DEVELOPME NT . COMPE NS ATIO N AND CL.\SSIFI CATI ON . E.\1PLOY"EE A'.'iD L-\BOR RELATIO NS . EMPLOYEE BE NEFIT A iD WELLNESS PR OG RA.\1 S. PERSO :s;:--:EL POLICIES AND RISK .\1ANAGEME'.\ii. Section 9. Title I. Ch a pte r 6 F · DEPARTME NT OF P UBLI C WO RK S , Engle woo d Municipal Co de 1985 , 1s he re by a me nd ed as fo ll ows: l -6F-l : GENERAL RESPO NS IBILITIES: The De pa rtment of Public Work s s ha ll be r espon sible for a ll matter s r ela tmg to co nstruction , ma nage ment, m a intena nce a nd operation of the phy s ical prope rties of the City. mcluding, without limi tation . stree t and s ltrface drainage mainten a nce , traffic system s . central garage facilitie s . e ngineering,~ and building maintenance ; the adm1llistrat1on , d esign . in spec ti on a nd coo rd ination of the ca pital improvement programs of t he City . as well as the co ntract a dm ini strat10 n with r eference to the revi ew of s pecific a t io ns : the prov iding &f-l egal de scription s a nd s urveys when necess ary or r equired : "6 !IP8 <ttle PROVIDI NG estima t es of value r ela tmg to real prope rty a nd w PRO\ 1 DI ?\G preli mma ry mvestigation s relating t o owner s hip of la nd a nd building safety. Section 10 . Titl e l , Cha pte r 60 · DEPARTMENT OF SAFETY SERvlCE S , Englewoo d Munici pa l Co de 1985 . 1s her e by a me nded as fo ll ows : 1-60-1: GENERAL RESPONSIBILITIES : The Dep a rtment of Safet y Se rvi ces s ha ll ove r see a ll police functi ons, mcluding patrol. inves tiga tions, THE RESERVE POLI CE FORCE , a dministration , community relations, APPOI NTMENT OF SPECIAL POLI CE. a nd a nimal control; a nd all fire function s , including s uppression . preve ntio n , a dminis tration, re scue AND AMBULANCE services , ENFOR CEME NT OF RE GU LATORY PROVISIONS , FORMU LATE AND CONTROL A HAZARDO US MATERL<\.LS COl\'1M U NITY RESPONSE PLA N. training a nd volunteer s; a nd all centra l co mmunica tions . The t itles "Director of Safety Services" and '·Safety Service s Director·• are sy nonym ous with ·'Chi ef of Police", "Police Chief', "Chie f of Fire"', and "Fire Chi ef ' for a ll purposes under the a pplicable laws of the State of Colorado and the United States of Am erica . l GC 3: POblCE m1qs10t>l: 4 • ) I • 0 ( •• • • A. B . c. D . • I "•' .. • • There is hereey esteelisheB a Peliee Di·1isie11 witem tee De13erttBe11t ef Safetf Ser¥iees, ee11sistieg ef sHee 11HH1Ber ef 13eliee eliieers ef vePieHs re11ks BIIB ether ei--'tiie 11 t3erse1111el as. in tee jHBgH1eet ef tee Cit) l\le11eger. lliBY Ile 11e_eesser) fer tee 13 eeee e11B geoB erBer ef tee City . The tBetBeers ef tee P eliee D1.1s1011 shell Ile B!lJ3Billt.eB ey tee City Me11eger e11B shell Ile s>1ejee1. te tee Career Se, .. ,ee PYies e11B reg1,1leti011s . The Otreeter ef Sfliety Se'""·1ees s enll Ile in BiPeet eeH1tBB11B eftee Peliee Di .. ,si0 11. The DiPeeter shell essig11 ell meH1eers ef tee Di .. ie1e11 te teeiP res13eetwe BHt1e s. The DiPeeter is ree13e11eiele fer thew tPeilllfl!l, 13erferH1e11ee . effieie11e:·. Bi se i13li11 e e11B eeeBHet. The DiPeeter ie ree13e11eiele fer tee eere BIIB e>1steBy ef ell 13re13 erty 1,1ee8 B) tke Di Reie11 . Tke Direeter eke II esteeliek 13elieie e. 13,eeeBHres . rttie s e110 re!!:tiletie11e , i11 eenfertBeeee itk tke le a ef tee State ef GalaraBe a110 the ereiee11ees sf tee Cit)· ef E111:le, eeB . ee11eere1111: tke 013ere u e 11 ef tke Peliee D'.' 1a1e 11 Bll8 tke e011BHet ef its etB13le . eea. Tke D1Peeter s hell e.1ere1se ge11eral s >113 e rv1s1 e 11 BBB eeetrel e1•1er ell Hlemeers ef tee D1Yt e1e11 . Tke DiPeeter ef Se.fet) Ser,<ieee ie eHtkert11e0 te 1ss1,1 e e 13erm1t te ea,., fl ee11eeeleel eet3eR te all E 11 glemeeB 13eliee effieere , eteH1eers ef tke re:er e 13elie e feree . eeurt merekals . e11B ether Peliee Di isie11 13erse1111 el es tee DH eeter HIB) Beem BJ3J3PeJ3riete: 811B HIB) ieeHe 13ermite te ee~ es11eeele8 ee13011e te e the r 13erseee 111 eeeerBe11ee witk 18 12 Hie . I CelereBe Re .. iee B StetHtes. The Divieie11 ef Peliee shell Ile ree13e11etele fer tee iirese ..-8t1e11 ef 131,1elie iieeee . 11 re, eetie11 ef erime , 8J3f1rehe11eie11 ef eri111i11els . iireteetie11 ef iierse11el e110 iireii e rty ri1:kte , eRf'ereeme11t ef tke le e sf tee Stet.e ef CelereBe 8118 tee erBiRe11ees ef tee . City ef E111:le ,eeB. 8118 eHek ether f>IRetie11e es tee Cit) He11eger 8118 Ctt) Ge1,111ei,I HIBY 11reseriee fer tee flHBlie eefet) fli11etie11. All H1emeere ehke Peliee Din1eie11 BeeigeeteB B) tke Direeter ef_Sefet)· Se'"" tee s le keve s HeB iisliee JIB ere shell ft8Ye ell 13ewers BIIB eeetme11e1,1rete BHl1e s u·,tk re s iieet te tke ee r,<iee ef erimi11 el flPBeeae BIIB tke enfereeme11t ef ertH1111el leme es ere "es te8 lfl 13ehee eliieere ey tke 11:eeerel etetlitee. 1 GG ,I: SPECIA!. PObICE: Tee Direeter ef Sefel) Ser Rees me, eiiiiei11t Sflee1el fl e liee effieere 8Hteeri11eB e11B emiieUJereB te iierferm 8Hties eimlier te these . ef re1:1,1ler 13ehee effieere , eeeeiet.e11t \"'ite tee le. e ef tee State ef Celere8e 811B tke erEii 11a11ees e f tee C it:· ef E111:le .. es8 . 1. GG I: RESERl=E POblCE FORCE: Tke reseP\e iieliee feree s hell s ii e rete Hll8 er tk e eiJ'eetis 11 BIIB e011trel ef tke DiPeeter ef Sefet) Ser, ieee . Reee..-e iieltee eliieers ere BJ3J3BittteB ee8 ee111111ieeie11eB ey tke Direeter ef Safety Ser, tee s e s s 13eetel 13eliee effieere 111 eeeerBBRee , ite SeetieR l GG ,I. ~le memeer ef tke reee'"" e 1301iee feree ekeU Ile e011st8ere8 BR e m13le_yee e f tke City fer BR) J31tPJ3BBe , 11er shell e11ek 13ers011 he e11mleB te e11y e0H113e11eet1e11. 13ehee J3eReiee eeReftte, eiek lee,,e . 10111:e. ity flBY er eem13e1teeMr, ttme ee11ef1te : BR8 eeee eHek 110 ,8811 eeell, eefere eeeemt111: e H1eH1eer ef tke reeer e flBliee feree . e.1ee1,1te te _tee Cit~ a , ei er ef eRy eleime fer e11y eemj!e11e1ttiee , rem>11teret10e . er ee11eftt s fer a11y I Ill HP) illewree. 88 8 res Hit sf kie er lier eei111: e memeer ef tke reeeP\ e flBli~e feree. Tke Cit) .. lil_ J3rB·lie.e iReweRee ee,ere1:e fer erltH1ee 'e_eem11eeeeue118t tee City s e.113e11ee; eeB tke Cit, will 11re <ie.e falee arrest i1teHre11ee 11Peteeue11 . • I • 0 • • -• --. • ... • - The Qweeter ef eaiety eepo ,ee e 18 8 f . Rii. geeeral eeRii.\tet fer eR, memlier P\tlee eRii. reg>tlatieR e ge erRJftg the terms e seJ"Ree e \ttherieeil. aeil. il.i-reeteil. te es tal,lieh iielieies . iireeeil.\tres . efthe reeer, e iisliee feree . The R\tlBeer ef a1111e•Rteil. reeepo e 110 ee e ." the reg\tlar 11eliee lft the Eegle eeil. Pel1ee Ql'/i91Bft . Ii ffieere iY Ret affeet the a\ttherieeil. etreRgth ef l GC ii: FIRE QPQelON: . . ii. F 'J"e Qi r4eiee mith!R the Qe11artmeRt ef eaiety A. There ,e here Ii) eetaliliehe a, er ef Me aghti.Jlg 11erseReel ef arie\te raMe aRil. eepor4eee . eeRe1et1Rg ef B\teh 8111118 . ii. eRt ef the City Ha Rager . 111 ey l,e Reeeeeary ether e1•r41iaR 11ere.e1tRel ee . te t:::e\tef:e Fire Qivieiee s hall lie aii11eiftteil. e) the fer eafel,) ef the City. The mem. C eepor4ee CITY r>tle s aRii r e g>tlatieee . City Maeager &Rii. shell lie e11e,eet te areer . h ll. l,e ill ii.ire et eemmaRii. ef the Fire Qi·ri a1eR . He 8 . The Qweeter ef eaiet) eepo ieee a .: ieR te thew res11eeti' e B\tt1e s . He ,a shall. eeeigtt all. memliere ef the Q~. e ellieieRe) il.i s e111liRe BREI eeRA\tet . He is ree11eReilile fer thew traieieg, 11er4!rmeeee . . ' ii. 1, tile QheieR . He s hell. ~ h ell. e'tteteil.y ef all 11re11ert~ \tee ,. ree11eReilile 4!P t e eare 8 ii. >tlatieea ie esefermaRee "Yith the laws ee'8elish 11slieies , 11reeeil.\tJ'eskr>tle: .ell re: ef the City ef ERgle ,. eeil.. eeReerRJRg f h etet f Celerail.e aeil. t-e er lfleeee hall e t ee 9 . Q ' . · Rii. the eeeil.\tet sf its em11ie_. eee . He a the e11erat1ee efthe Ftre . • •me; e I er all. memliers ef the Ql''!s ieR. e.1ere.ise geeeral S\tlle"''!SIBR ee eeRtPe e . . . . all \tee te l,e lte11t B\teh reeeril.s es the QweeteP ef C. The Fwe Q1 .liBIBR Chlefo eh ~~h . shall e11l,111it te the City MeReger IIIBRthl). eafet) eerv1ees 1118) il.ireet . aa h e.} the e11111eer ef ealle aes .·, ereil., the Y&l\te ef ft\t8l'leri) aeil. &Rfl\t&! re11e"8 e e" 111g elating te ills1traeee , e11111ee, ef rese11e 11re11eff) il.eetre) ell. l,y are , tllfeP111&t1ee: . ~ matiee reft\testeii 1,., the Qi,eeter ef eall.s , tr&ieillg ee1trsee helil., a.aii 8ft) et er 111ar , eaiety eervieee. a11li,le, the Cit) Helleger. Q. It ehall. l,e the il.11t) ef the Fwe Qi,.ieiell : I. Te aiil. ill the 11,e eetiee ef aeil. te e.tlmgtiish Mes . 2. Te eii11eate t e ll\t e 18 . · r. -' fi .. ,e--eetiee . h l,li . all 111eUers 11ert&lfttllg M ,tree aeutre P ' . . ii eil.itiees mithie the Cit) .. hieh eeeetit11te a. Te malte iftB!lil.eetieee . 8! 11r:t:r:r~:.aet~ell er aliatemellt the reef. hJ'e haeariie 8ft-te 8BBIB ffi I. Te ellferee all regtil&tel') JIPB ieielle ef thts Ceil.e . · ith1e the City . 8 . Te 11erferm reee\te allil. ame>tl&llee s epo'!ee s ii . t . all. Me liglitieg a1111aret11e &llii eft\ti!IIBellt ie ite G. Te e11erate &ll 111 ehftt,gee, . . ii. ewe1t111e'8eee ef all. ~ee eee11rrieg 7 . Te ill, estigate the ea11se , BPlgtft 8 itht11 the ~ 8. Te fer111\tlate aeii ee.etrel a 'H II itigating related i11eiil.ellte ef thie ft&tllPe . ie ree11ellsil,le fer meettePtllg all Ill 1!8ril.s11e Haterials Cs111m11eit) Ree11ellee Plall thet 6 • .. I • 0 • • • • - I SC S : FIRE PRE''El>ITIO!>' Bl'REAU: ,\ Fi,t,e Pre,eRtieR B"res" altaH ee e etselislteel .. ithiR the Fire E>i. isie11 "11Eier the ei1cPeetle11 ef the E>ejlsrt111e11t ef Cem m.,EMt} . . .. E)e e lejlme11t'8 CITY'S Ceel e .\Eimiftietrater. The B"rea" elte.H ee 11 s1et ef s "elt F1F e E>1·11 s1e e jlerse1111 el as ma} e e ass 1geeel therete l!y tke Di,t,eet e r sf Safet}' Se, .. ,ee s. The f<t11euee ef tkis B"Pee" site.II ee te assist the Ceele Aelminietrater 111 the ael1111111 s tFat1e11 aeel e11fereeme11t ef the Eegle eeel BHilelieg a.eel Safety Ceele . J GG 7: VObU!>ITEER FIRE D£V1SIO!>I : A. Reeegllitie11 , Q"e!Hieetiee. Meme e ,s ki!l -Tkere ie lt e r e ey r eeegm:eel tit: E~gl=":eeel "ei.,11teer Fwe Di 1ieie11 . a CelereEie eat fer !lPBftt eel'jlsratte11 . ee ae a~r11af'}'reg n11g ~ree , the meme e,shi!l ef .. hieh ma, ee ealleEi te Ei11ty Ei"rieg Eiayligltt er 111ght t11B e lt e .. r s ie thee, e 11 t ef fwee er .. hee iM a ee ietaeee ie etltel'\. iee eeeeleel . a .. e,eet te s "elt aelel1t1 e 11el 11 .,eliiieetieee e, limitetieee ,, kieh may ee imjleeeel Ii:· the eylewe ef s .i elt ee rjl e raue 11 . The memee,eiti!l thereefsha,11 eeeeist ef jlerseee eigltteeR (18) _. eere ef age er elEier h e ahsll etltel'\viee ll"!llif,o . B. Cemjleneattee: E)i eaeility , be11gtlt ef SeFfiee , RetiFe111e11t Be.e eata . l';e m e meer ef the , ·8 1.,11teer Fire E>i. ieiee s hall reeeive e.11y eemjleeeatiee fer ee F,·1ees a e a e,emee F tltereef: jlrevifieEi . he·1·e·1er . that ae niee ae a memeer ef the Vel .. eteer Fire D1v1 s1ee s hall ee eeeeiEieree a e ae F·iee ie a "el .. eteer Fire Divisi e e fer the !l"f'!lBae. e.f aey Eii s ae,hey e r leegtlt ef eeF iee retwe me11t eeeeate jlre ,ieeEi te m e meer s ef a .. elt D1v1 a1ee : aeEi . _llre· 1e eEI f.,Ptlter that the City Ce .. eei,I may make !l!I} meete te , e r ee eehalf ef. the Eegle eeEI Vel .. etee, Fire Di l'ieie 11 ie reaae eaele ame.,ete Eieterm,eeEi aeEi e"EigeteEi fe 1 that ll"rieae . 9 .,el, !l!I) meets te ee "ee Ei fer e11"i!l111eet , the traieieg ef Etrefigltters aeEi ether ge n e ra e.tjleeeee ef the Eegle eeEi Vel .. 11tee, Fi,t,e E>i .1 s iee . C . Offieere: Eleetie11 a.eel Terms . The effieer s ef the Vel.,eteer Fire E>iv1 e1e 11 s ite.II ee 11eiet ef s .. elt efaeere ae shell ee !l•B"iEiefi ey iM a_. la .. e e.11Ei s ite.II Ile eleetefi i:.e m eeejlreeatie11e.Pl memeerehi!l ef the Vel.,11teer Fwe E>i, ieie11 . E) F.,t11 re Memeerekijl ; btmitetieee. The E11gle\. eeEi 1Zel .. 11teer Fire E>t. ie1e 11 aha II r~e,.,it. !l!l!lBiRt a.11Ei mai11tai11 a memeershi!l ae estaelielteel herein e.11Ei aha.II :e•eafter eeReiet ef 8 mi 11im"m memeers hi!l ef t • e11t} fi. e (lali l el>tRteer fif'efigltters .. ,EiEittt e Ral ,.8 1.,11 t ee r !lfl!lBiRtme 11M IB!I) e e maele ey the Cit}· Ce .. Re1I BR the re ee mm e eelau e 11 e ef the E 11 gie .. eeEi Fwe E>i ieie11 a.ell the City He.Rage, ae Re e el eEi . I SC 8: CO~O~U!>IICATIO!>IS E>IVlSIO!>I: Tlte re 10 lt e r ee} er eateel the E>i • is 1eR e f . Cemm.,RieatieRe. Tkie Di, ieieR s ite.II e e reB flBR ei el e fer re.Elie &ft& r e late El e0 mm>1e1eat1 e 11 s HitRiR !lftB fer the I2elfee !1118 fipe E)iRBIBR B. !IA& S"el, Btlt er SB IIIIBIIRte!ltl Blt 8 .. UeB !I S a eeigReEi ey the City Me.eager. If Reee eeer,. the City Me.Reg e r s hall B!lfl BIRt e El , ,1 s 1e 11 .. ltee.Ei: etlterwise, the DiPeeter ef Safet~ Se, Re es s hall have eiJP eet Bjlerel!BR FeS jl 8 Rs 11!1ht} fer tlte Di iaie11 . I SC 9 : DIVISIO!>I CH:IEF ,'.PPOl!>ITME!>IT : .\. There ie ltereey eeteelielteEi the !l!l!lBiRteEi !lB Bi tieR e ef P elte.e E>i .. is iee Glt1 ef_ e.11Ei Fi,t,e E)ivieie11 Chief a .. teiEie the elaeetfieEi seF iee ef th e Career Ser .. 1ee System C IT\ - 8 . The E>ireeter efSefet~ Se,.,ieee may , e.iter eeee.iltatieR •ritlt tlte Git, Ma11age,. !ljljlBiRI; te the jlBBitiBft ll"lllifiefi jlePBBl!Rel li'BIB e .. te1Eie tlte E>ejl!IPtlfteRt .. !t ee Dejl&Ptl!leRt ' ., I • 0 - • • • l , .. ,. ,,.--. • • • 13 e r se 1u1el he ,e e ee 11 e"'el >1eteii e11EI fe1t11ii 11 et t e he. e the rettllis ite 1t1te1Hieeue11s fer the 13esiti e11 e e f Peltee Elti 101011 C htef er Fire Eltr't eie11 Clitef. C . Theee 13eree11 e BflflBHlMii thet • ere 11et .. ithi11 the Cereer Serviee S~ s tem s heH he. e 110 Ce,reer S e l" 1ee righte . Elt . .\ 13eree11 Bflfl8i11teii te the 13 eeitie11 ef Elti ieie11 Clitef s heH ret&i8 the l'ighte te the ii 13rier Cereer SePYiee 13ee1tie11 . The time i11 the 13eeit1e11 ef Elti•1ieie8 Clitef a hell e1313ly te tim e the 13eree8 hee eeeriteii i11 the Cereer Sel"otee S) s tem . Thet 13eree8 s hell retei8 these Cereer Sel"liee rights fer ell flltt'll8Be B iH ee811eet,ie8 mith r etitoeme11t . 13e11eie8. 1B eaieel "l!e8efite , eiek lee e 888 t8J~ lee•1e . "8eetie11 lee\•e . termi11etie11 fl&). "lle8efiM te Bfl81t ses e11a ae13e8ae11t ehtlat"e8 ltfl88 aeeth 888 e9:· ether s iteh eem13e8 eet1e8 e8a leene e e8 e fits e f the Career Sel"liee S) etem efthe Elte13ert1Be8t ef S&fet. Sel"'teee. HC1te8 the Eltireeter ef Sefet. SePYiees tel'tlli11eM s the e1313 e111tme8t ef e 13eree11 te the 13eeit1e8 ef Eltivis1e11 Chief, 11 e ~1e. 88ee e r e1313 eBI s h&H e.Hs t fer thet eet1e11 . A 13eree8 BJ!J!Bi8tea frem e 13eeitie8 i-11 the CBt e er S e p, ,ee s hell r el>1r11 te thei, 11rier C1treer SePYiee 13eeitie8 enee11t iH the ee ee ef t e rmtft8t1 B11 e f e 1Bf!l8) 1B e 11t fr e m the Cit, ,hteh mey ee BJ!fleelea ta the Cereer Se"" 1ee Be ere. F . At e11y time e 13erse8 , whe whe8 BflflBi8teii , ea i8 the Cereer Serviee Sys t em , me) reei1111 their Bflfl8i8tme8t e11a eleet le eee>1me their flri er re!MI mith18 the Ceree r Seffiee Sy-EM,etlh Sectjop 11 . Title I , Chapter6G, S ection 10 , Engle w ood .Muruc1p a l Cod e 198 5 . is her e by renumbered to Title i , Chapter i , Section i , a s follow s : ~ 7-7-7 : EMERGENCY MEDICAL TRAN SPORT FEES: A B. c. D. E . A fee s hall be charged for any person transported by the Englewood Fire Di vis10n . The fee e s tablished shall be the usual and cus tomary charge for s uch servJce in this community. The City shall contribute a twenty pe r cent (20%) s ubs idy to Engle wood residents . "Transport" shall mean the actual physical transport from one place in or near the C ity to another place by the use of transport e quipment of the Englewoo d Fire Department. The City Manager s hall caus e to have promulgat e d rn writrng r eason a ble billing and collection procedures . An ambulance billing review panel, cons isting of m e mbe r s of the commuruty a nd C ity staff, s hall be established by the City Mana ger to hea r a ppe als a nd prot est s , a nd to make adjustments to transport fe e billings whe n dee m e d r easonable a nd appropriate . Unless otherwise determined. failure to pay the fee establis hed s hall constitute a v10lation ofthis Section. The effective date for implementation of this S ection will be J a nuary l , 1995 . Sectjon 12 . Title l , Chapter 6G , Section 11 , Englewood Municipal Code 1985. is here by re numbe red to Title i . C h a pter 7 . Section 8 , as follow s: ~ 7-7 -8: VEHICLE IDENTIFICATION FEES: A fee s hall be ch a rge d by the City for the services of conducting certified and noncerti.fied ins pectio n s of ve hicle 1d e ntificat1on numbers . The fee shall be set by Council resolution . 8 .. ) I • 0 J • • • .. ~ ,.-. • • -' The Safety Services Department shall es tablish a policy for checking vehjcie identification numbers. Section 13. Title 1, Chapter 6I , Englewood :\1un.icipal Code 1985 . is hereby a me nded as follows : l-6I-l DEPARTMENT OF PARKS AND RECREATION SER'lCES 1-61-1 : GENERAL RESPONSIBILITIES : The Department of PARKS AN1) Recr eation SePYieee shall provide recreation programs and services utilizing the vanous recreati on facilities in the community and s hall operate and maintain the golf co urse. BALL FIELDS . SHELTER HOUSES, PL.\YGROU NDS , BEACH , ORAN'i OTHER OPEN AREA OW~'ED AND USED BY THE CITY DEVOTED TO OR DESIGNATED FOR ACTI VE OR PASSIVE RECREATION. Section 14. Title I , Chapte r 10 . Section 2, Subsection 3A · NATURE OF HEARINGS. Englewood Municipal Cod e . 1 here by changed as follows : A. Quasi-Judicial Heanngs : The provisio ns of Section 1-10-2-7 hereof sha ll be applicable only to those hearings where the hearing body is called upon to exercise a power of a judicial or quasi-judicial nature . which , for the purpose of this Section . shall be deemed to include, but not be limited to , the foll owing: 1. Hearings before the Liquor Licensing Authority upon a pplication for the issuance, or hearings for the suspension or revocation of liquor or ferm ented malt beverage licenses ; 2. Hearings before the City Council upon ordinances wluch zone or rezone realty, ordinances whlch annex property to the City , a nd upon all appeals from the decisions of any City official, board or commission where s uch an appeal is authorized by Charter. Statute or ordina nc e , and whlch requires an evidentiary hearing to determine such appeal : 3 . Hearings before the Board of Adjustment and Appeals; 4 . Hearings before the 8eaPB ef Career SeP\·iee Cemmissieners A HEARING OFFICER upon appeals from disciplinary actions against employees : 5 . Hearings before the City Co uncil or any board or commission or official respecting the issuance, suspension or revoc ation of any license iss ue d by the City, or the imposition of any assess ments or penalties; 6 . Hearings before other boards or commissions that meet the r equrre me nts of a quasi-judicial hearing as established by the Co lorado Supreme Co urt. Section 111. Title 2. Chapte r 4, Section 3 · POWERS AND DUTIES , Engl ewood Municipal Code 1985 is hereby amended as foll ows : The Parks and Recreation Commission s h a ll have the following powers and duties : 9 • ' .. I • 0 •• • • .. • /' • ... .. • -.. A . 8 e as iee~ ~ ADVISE City Council in all m atter s pertaining to recreation. 8 . Pre pare a nnually a parks and recreation master plan for the development and maintenance of a modern and adequate parks a nd recreation system . C . Act as a sounding board of the community and gather and assess the facts and data necessary to make sound recommendations to the City Council m providing recreation services . The Commission , with the approval of CITY Council . may form committees made up of Commission members as well as citizens as needed to research programs that call for extensive time and discu ssion . These committees will be advisory only to the Parks and Recreation Co mm1 ss10n . D. Review the annual parks and recreation budget as s ubmitte d fr om the Departme nt of PARKS AND Recreation 8ePYtees to the City Manager a nd make recommendations to City Council if the Commission deems necessary . E. Adopt rules and regulations for the conduct of the Co mmission m eetings a nd duties of its officers and committees. F . Meet monthly. Section 16 . Title 2 . Chapter 7, MUNICIPAL EMPLOYEES ADVISORY BOARDS, Englewood !Vlunicipal Code 1985, is hereby amended as follows : 2-7: Municipal Employees Advisory Boards. ii 7 l: Career Ser,>iee Bears ~ 2-7 -1 : Retirement Board ii 7 l: C,'.REER SER\qcg 80,YU>: There is heresy eetaeltehes a Career Ser,>iee 8ears H!r the Ci~, s &is 8earli te ee erga11:l!l!es a111i te ha, e the 11e·;, ere , Ei11Mee a11:Ei f1111etie11:e ae eet e 11t ti! Tif<le ~. Cha11ter ii ef this ~hmiei11al Case . ~ 2-7-1: RETIREMENT BOARD : The re is he r e by established a Retirement Board for the City, said Board to be organized a nd to have the powers, duties and functions as set out in Section 3-6-11 of this Municipal Code . Section 17 Title 4, Chapter 1, Section l , Englewood Municipal Code 1985 , is h ereby a mended as follows: 4-1-1 : DEPOSIT OF MUNICIPAL FUNDS: The Qireet.er ef F~11a11:eiai SePYieee , ell ellieie Cit~ Treae 11rer CITY s hall deposit all funds and monies of whatever kind that s hall come into ftteAter ITS pos session ey iM11e ef hie"her efiee ae e11eh Direeter in the name of the City , in on e or more responsible banks located in the State of Colorado which have the retofore been approved and designated by resolution adopted by a maJ ority vote of the City Council. 10 ~ .. I • 0 • • • ,, ,,-. • • - Section 18. Title 4. C hapte r I. Section 2. Englewood Municipal Code 19 85, is h e r eby amended as follows : 4-1-2: INVESTME:\1T OF MUNICIPAL FlJNDS: The E>ifoeeter ef FisaHeisl 8eP¥iees . e.1 effieie Ci*Y Treselti'eP CITY s hall invest all fund s and m onies not immediately n eed e d fo r the operating expenses of the City, except for the Firefig hte r s Pe n sion Fund. the Vo lunteer Firefighters Pensio n Fund, the Poli ce Offi ce r s Pension Fund. Non-Emergency Employees Retirement Pla n Fund and other City e mployee retirem e n t plans. pursuant to a n investment policy which s hall be adopted by Co uncil resol ution each year . Section 19. Title 4. Chapter 1, Section 3 -MUNlCIPAL P L'RC HA SE PRO CED LiRES. Englewood Murucipal Code 19 85, 1s he r e by a m e nded as follows : A. The City Co uncil s hall h ave the a uthonty to authonze the Ci ty '.\t a n ager to purchase co mmodities. e quipment, de,;ces. machine ry , mate rtal s and pa rts upon the ope n market or through negotiation s a nd without. rece1nng sealed , co mp e tttt\'e bid s the r efo r . m the following general situation s: 1. In the purchase of s pecial equipment, devices , m achme ry . mate ri a ls a nd p a rts provided that the same are availa ble only fr om one so urce a nd no s imilar device s a r e available or able to satisfactorily se r\'e the n eed s of the City . 2. In the purchase of materials , e quipme nt, m achinery or devices where the standardization of s u ch materia ls a nd e quipme nt I necessary to e n s ure the proper functioning of exist ing e qwpment. m achine ry or de V1 ces a nd/or to prevent the duplication of eXIs tJng equipment. B . The City Manager IHl6-ftt!I OR de s 1gn ee&-s hall h a ve the a uthority to purchase supplies . mate nals and e quipment in e xce ss of one thousa nd dollars (S 1.000.00) upon the open market or through n egotia tions and without rece 1vm g sealed , co mpetitive bids the r efo r , in the following situations and s ubject to the following conditions, provide d that none of s uch purchases s hall exc eed ten thousand dollars ($10,000.00): l. In the purchase of water meters , tire h ydrants, gate val ves and tire h ose, provided that notice is given to all firms within the City offe ring the ide ntica l items for sale and each is given the opportunity to giv e informal price quotations for the purchase. 2. In the purchase of sandgrave l a ggregate and asphaltic m aterials to be u sed for street fill . repair a nd maintenance. provi de d that all s u ch purchases s hall be ba sed upon a unit quantity basis. 3. In the purchase of special device s and machine repair parts for both moving and stationary echanical devices. provided that the s ame a r e ava ila ble only from one so urce, and no other generally s imilar device is a vaila ble from another so urce. 4 . In the purchase of replacement parts and equipment, when furnis h e d as a part of a repair service to equipment owned or leased by the C ity . II ' . ) I • 0 • • • . . .. ,. ,,.. .. • • - 5. In the rental of equipment a nd machinery . provided that the pe ri od of rental is for an indeterminate time a nd the re nta l fee 1s n egotiat ed upon a unit of tim e b asis. 6 . In t h e purchase of materials a nd eq uipme nt where t he stand ardization of s u ch materials a nd equipment is n ecessary to e n s ure the proper fun ctiorun g of existing equipment a nd/or to preve nt the duplication of existin g e quipme nt necessitated by the award of a low bid to alternate-make equipme nt when s uch purchases are expressly approved by the City Manager. C . The City Manager ftfMi..lHs OR designees s hall h ave the a uthority to purchase commodities, supplies and equipment under any general bid or purchase contr act of the U nited States Government, State of Co lorado or oth er governmental juris diction at the prices, terms and co ndition s co ntained therein . whe n . in the opinion of the City Manager, the governmental umt is deemed t o be t he so urce of the lowest a nd best bid. D. Administrative Decisio n . The City Manager or !us des1gnee h all have t h e authority to purchase goods that a r e for r esale by the City , u pon the open ma rk et or through negotiation s a nd without r ece ivi n g sealed , co mpetitive b id s therefor. Section 20. Title 4, Ch a pte r 2 . Section 3 · ELIGIBILITY FOR DEFERMENT. S u b section A, Englewood Municipal Code 19 85, is hereby a me nded as follows : A. Property Owner's Eligibility . A property owne r may be e ligible fo r assessment deferral if: l. The property owner is a seruor person , a disabled perso n or a h a ndica ppe d p e rson . and that perso n or family unit which occ upies the e li gib le r esid e n ce pro perty has assets and income le ss than the eligibility limits for those pe r on s established periodically by the City Co uncil. 2. The property owner who occupies the eligible residence prope rty 1s a low income perso n with assets and income le ss than the e ligib1Iity limits establi s hed for those pers ons and e stablished pe riodically by t h e City Council . The asset a nd yearly income eligibility a mounts s h a ll be set periodically (p r efe r a bl y yearly) by the City Council upon the r eco mme ndation of the DiPeeter ef Fi11a11e1el SeMeee CITY !v!ANAGER, who s h all co ns ider as advisory t h e inco me level a nd asset leve l of fifty percent (50%) of the me di a n in co me leve l of p e r so n s in the m etr opolitan area . Section 21, Title 4 , Chapter 2, Section 5 · DETERMI NA TIO N OF ELIGIBILITY . Englewood Municipal Code 1985, is hereby amended as follows : Determina tion of Eligibility . The Dweeter ef Fi11a11ee , in eee13eratie11 ith the DH"eeter fer Ce mm1tnit~ De ele13me11t, CITY MANAGER OR DESIGNEE s hall determme whether each property ow ner who applies for assessment deferral is eligible . Upon determina tion that the property owner is eligible and wishes said assessment defe rred, the property owner shall execute a promissory note and lien to the City for the assessment amount. plus necessary recording fees . The promiss ory note and lien shall bear interest at the same rate 12 ) I • 0 - • • ,, • ... • • as the bonds, which finance the assessment district. The Dlf'ee~er ef FiRaReial Seroiees CITY shall record said lien and note with the County Clerk and Re co rder for Arapahoe County. Eligibility for assessment deferme nt shall be r edetermined by the City biannually. Sectjon 22. Title 4. Chapter 2 . Sect1on 6 -PAYMENT OF .-\SSESS~!El\'T BY CITY, Englewood Municipal Code 1985. is hereby amended as follows: Payment of Assessment by City. Upo n receiving and recording the note a nd lien as provided m this Chapter, the DiPee~er ef FiBaeeial Ser >ieee C ITY s hall pav to the assessment district from a special fund of the City the amount of the deferred assessment. He THE CITY s hall then n ote on the assessment roll that s uch a ssessme nt h as bee n deferred. and the assessment s hall not be payable until the deferment e xpires as provided in this Chapter. Sectjon 23. Title 4 . Chapter 2, Section 8 -TIME OF APPLICATION : L-\TER DEFERME T , Englewood Municipal Code 1985 . is here by amended as follows : Time of Application ; Later Deferment: .-\t the time of publication of the n otice of a n ordinance to establish a special district for improvement. publi s h ed therewith s hall be notification that eligible property owners may have their assessm e nt de ferred by complymg with the provis10ns of this Chapter and by applying fo r the deferment not later than sixty (60) days after the final publication of the ordinance . Co ncummtly . the~ ef Fi1111,11e1el SeP">ieee CITY s hall cause to be published at leas t twi ce ma ne wsp a per of general arculation within the City a news release informing City r es id e nts of the availability of assessment deferments for eligible property ow ne r along with mformation abo ut applying for the deferment. In the eve nt an eligible property owner desires to defer a n asse s me nt transferred to the County Trea urer for collection , the property ow ner may make ap pbcauon fo r s a id deferral : upon meeting the eligibility criteria of this Chapter, th e asses ment s h all be deferred . The D1PeeM1r ef FiRBeeiel 8eP" iees CITY s hall require the applicant to co mplete a ll oth e r necessary procedures for deferral. Upon a dete rmmauon of the property owner's e hg,bility. the asse sment s hall be deferred and removed from the roles of the County !erk a nd Reco rder . Sectjon 24. Title 4 , Chapter 2, Section 9 · INTERDEPARTME:,iT.-\L COOPERATION; RULES AND REGULATIONS; FORMS : Englewood Muruc1pal Co de 1985, 1s here by amended a s follow s: The 9iPe"'er ef Fiaafteiel 8eP">ieee CITY is directe d and authorize d t o establish the forms. rules and regulations and information as fte IT deems neces sar y and proper to implement this assessment deferral program and to engage the cooperation of s uch~ departments as may reasonably be necessary m carrying out this Chapter. Sectjop 25. Title 4, Chapter 3, Section 4, Englewood Municipal Code 1985 is amended as follows : 4-3-4: PARKS AND RECREATION FOUNDATION TRUST FU:'>11): There is hereby established a special fund of the City, known as the "Englewood Parks and Recreation 13 • ) I • 0 ] • • -• ,,.. . • • • Foundation Trust Fund'', a Trust Fund for the use a nd benefit of the programs and facilities of the-Englewood PARKS A !D Recreation Department. a nd/or within Englewood parks. A. Trustees Appointme nt. The Englewood Parks and Rec r eation Co mmissioner s a r e appointed as trustees of the Parks and Recreation funds as part of their Commission duties and s hall serve during their tenure as Commissioners . B. Trust Funds. Ail gifts, bequests. contributions . grants a nd all investments thereof. from whatever lawful sources , together with a ll acc umulations , acc rual s , earnings. and income with respect thereto delivered to the Park a nd Recreation Foundation Trust Fund shall be held ··in trust·· for the use a nd benefit of providing 1mpro\'ed and expanded programs and facilities for the Englewood PARKS AND Recr eat10n s Department and/or within-Englewood parks-through the Trust Fund here by established. C. Management of the Trust Fund . D . l. The E)i,peete, ef Fieaeeial Se,.·ieee. ell officio City Trea ure r . s hall manage th day-to-a day investment policy of the Trus t Fund . a. Ae eee8e8. tee t,11eteee shaY reeemmee8 le the C,ty Ge 11ee1l 11erte81e BJIJIP8J1Piatieee &em the T,11st F11e8 fa, the e.1el11e1 e 11 ee ee8 e e e eet sf the Kegle ee8 P.\Rm; ,\~ID Ree,eatiee E>eJ18Pt1BeRI aeEi,ler 1te1e Kegle 0eei ~ a Tnetees, 1111ee a1111r0ual 0f tee a1111re11PiHiee0 ey City Ge11eeM ae8 1ft aeeep9a11ee with etae8aP8 a8miel!!tPBtive 11reee811ree ef the Giiry , ma) mak e Eii0tPie11tie8e ef i8e0me ae8 e0PJ111e fe, tee eitel110i. e 11ee 888 eeeeiit 0f the i!:8gle" 888 PARl<.S .\~ID Reereatie8 E>e11art1Be8t a8Ei,le, v1thi8 i!;8gle 888 ~ 4. The costs of servicing the Trust Fund shall be a pproved by City Co uncil as a n expense of the Trust Fund . 5. The trustees shall have such other pow e r as is necessary to carry out the purpose of the Trust. 6 . The Trust Fund s hall be managed in accordance with the applicable requireme nts of the Home Rule Charter. ordinances of the City a nd State Finance Law . 7 . The Trust Fund may be terminated by City Co uncil: howeve r . any funds in the Trust Fund s hall be distributed excl usively for the purpose of the Englewood PARKS AND Recreation Department and/or within Englewood parks. Ce8tPie11tie8B te the E8gle 009 Parke 888 Ree,eat1e8 Fe1188atie8 Tr11et Fllft8 te ee Te11 E>e811etiele . Gifts. bequests. grants , donations . contributions and devises of property made exclusively for the public purpose herem de scribed are considered ta11 8e811etiele CHARITABLE CONTRIBUTIO Sunder the Internal Revenue Code and the laws of the State of Co lorado . 14 • ... I • 0 o- ( • • • ' I •, -~ • • - .. .. Sectjop 26. Title 4, Chapter 3, Section 5 · SPECIAL SURPLUS AND DEFICIENCY FUND , Subsection A, Englewood Municipal Code 1985, is hereby amended as follows : A. Preliminary Special Improvement District Expenditures. Prior to the legal formation of any special improvement district and the issuance of special improvement district bonds therefor, the E>weeter ef Fi11a11ee CITY is hereby authorized to pay all necessary administrative, engineering or other costs incurred preliminary to the creation of any such district from the fund s standing to the credit of the Special Surplus and Deficiency Fund of the City, established by section 108 of the Charter of the City. Sectjop 27 .. Title 4 , Chapter 3, Section 6 · SPECIAL REVENUE HOUSING AUTHORITY FUND , Englewood Municipal Code 1985 , is hereby amended as follows: This Fund shall be used to receive monies from all sources for and on behalf of the Ci t y Housing Authority and expended for authorized purposes of said Housing Authority . A. B. Monies from all sources shall be credited to the Fund and the E>e13aA111e11t ef FiBIHleial Sepo iees CITY shall maintain a proper system of accounting to adequately fulfill the requirements of any city, state, or federal law for the existence of such Fund. Expenditures from the said special Fund may be made upon wntte n authonzat10 n from the proper officer of the Housing Authority as directed by such Hou s mg Authority . Section 28, Title 4, Chapter 3, Section 9 · MALLEY CENTER TRUST F UND. Subsection C, Paragraph 1, Englewood Municipal Code 1985, is hereby amended as follows : C. l . The E>weeier ef Fi11a11ei81 Sep,,iees , eit effieie City Treae11rer . CITY shall manage the day-to-day investment policy of the Trust Fund. Sectjon 29 . Title 4, Chapter 4, Section 2 -DEFINITIONS. Englewood Municipal Code 1985, is hereby amended to delete and insert the following definitions : E>IKEGTQJI. QF Fl~I-A~IGMf. SERJ'IGES QK E>IKECTQK : PARK: The E>weeter ef Fi11a11eial SePYteee ef the Ci'Y ef Eegle eee er s11elt ether 13eree11 eesigeatee l!y the M1111ieipaltty ; "E>weeter ef Fi11a11eial Sepo,ieee " shall alee i11el11ee e11elt 13eree11's eeetgeee. 15 PARK SHALL INCLUDE ANY AREA USED AS A PARK, RESERVATION , PLAYGROUND , BEACH , BALLFIELD , SHELTER HOUSE , OR ANY OTHER AREA OWNED AND USED BY THE CITY AND DEVOTED OR DESIGNATED TO ACTIVE OR PASSIVE RECREATION, • ' . ..: • I .. ) I • 0 2 I ~ ' e r • -• .--. • • - EITHER ON A TEMPORARY OR PERMANENi BASIS. Section 30. Title 4. Chapter 4, Section 4 · SALES TA,"'\ IMPOSED, Subsection 3. EXEMPTIONS TO SALES TAX , Paragraph C, Englewood :\lumcipal Code 1985. 1s h e r eby amended as follows: C. Burden of Providing Exemptions ; Disputes: The burde n of proof that any retailer is e xempt from collecting a tax upon any good s so ld and paying the ame to the E>itoeeter ef Fiftafteial Sel"> iees CITY , or from making return fo r the sam e . s hall be on the retai.ler under such reasonable requirements of proof as the~ C ITY may prescribe. Should a dispute arise between any purchaser a nd sell e r a to whether or not any retail sale is exempt from taxation hereunder, the seller -hall . nevertheless, collect and the purchaser s hall pay such tax : and the eller s h a ll thereupon iss ue to the purchaser a receipt. or certificate. on fo rms prescribed by the~ CITY to determine the question of exempti on . In any cas where th e City refunds any taxes , it may collect from the r etailer the am ount of taxes retamed by him/her as a fee which is attributable to the tra n sacti on . Section 31. Title 4 , Chapter 4 , Section 4 , Subsection 5 · ITl:S:ERA~"T VE:-;;DORS . BO:S:D REQUIREMENTS, Englewood Municipal Code 1985. is he r eby ame nded as follo ws : Any retai.ler who does not intend to be actively e ngaged m se lling fo r a pe riod greater tha n three (3) consecutive months, shall, prior to obtammg sa id been e . depos it with the E>ireeter ef Fiftaftelal !,epo iees CITY, a cash or s urety bond m the amount of Lxty dollars ($60.00) for the benefit of the City, in uch form as may be appr oved by the sa11I E>ireeler CITY, which bond shall be conditioned upon and ecunty for the payment of the reta.Ll sales taxes due or to become due . Such retailer hall make reports of the a mount of t axes co !Jected , s hall pay the same to the City upon uch fo rm a nd at u ch time as the ~ ef Fmat1ei1H SeP¥1ees CITY may require . Any Cai.lure to make s u ch r e port or to pay any tax due at the time specified hall cause an imme diate u pension to the bcense and the forfeiture of the bond po ted . Sectjon 32. Title 4 . Chapter -t , Section 4 , Subsection 6 · BOOKS AND RECORDS KEPT. Englewood Murucipal Co de 1985 , is hereby amended as follows : It shall be the duty of every perso n required by the provisions of Section 4.4.4.4 to obtain a sale s tax license, to keep and pre erve u1table records of all sales made by him/her, and s uch other books or accounts as may be necessary to determine the amount of tax for the collection of which he/s he 1s bable for a penod of three (3) year s all invoices of goods a nd merchandise purchased for resale . and all s uch books . invoices and other records s hall be ope n for examination at any time by ~eter ef Fiftafteial !,epo iees CITY PERSONNEL. Section 33. Title 4 , Chapter -l , Section 5, Subsection 3 · PAYMENT AND COLLECTION OF USE TAX , Englewood Municipal Code 1985 , is hereby amended as follows : A. Payment of Tax: 16 ., ) I • 0 - • • ·,. • -' I. All persons who are requl.I'ed to obtain a sales tax li ce n se purs uant to the provis10ns of Section 4-4-4-4 shall include with.in the return r e quired to be filed . pursuant to the provision s of Section 4-4 -4-7. such inform a tion as ma y be required by the Dit>eeter ef Fifte11eiel eel" 1ees CITY as may e n a bl e fttfftfftet' IT accurately to compute the a m ount of u se tax due from said retailer fo r purchases m a de by s uch r etailer for which a use t a x 1s due during t h e period for wluch such r e turn is filed . 2 . All other perso ns s hall pay to t he~ CITY the a moun t of an y tax due under the provisio ns of Section 4-4-5 -3. not la t e r than fift ee n (15) days aft er t h e date that said tax beco mes due . B. Payment and Collection on Specific Item s : The fo ll owmg s pec ia l prov1s1on s s h all apply to the payment of any use tax due on t h e use . co n s umpt10n or storage of t he following items: I. Motor Vehicles and Tra ilers: Any perso ns wh o s h a ll purch ase a n y moto r vehicle , trailer or semi-trailer. wh ether ne w or used. outsi de the City . with t he intent to regis ter the same at a n a ddress in si de t h e City, sh all immediately . and prior to r egistering a nd o btaining licen se pl ates ther efo r , ma ke a r eturn showing s uch tra n saction t o t he Dit>eet-er ef Fi11e11 e1el eel" 1ees CITY and pay t o ilffll+ftet' THE CITY the use tax appli ca bl e t he r eto a pro\'1d e d m ub sec tt on A hereof. 2 . Building Materials a nd Supplies : An y pe r son who d o not mamta m a permanent place of busi ness w1thtn the bo un daries of the ity a n d wh o hall build, construct or improve a ny building , dwelling or othe r structure or improve me nt to realty whatsoever withm t h e City shall. up on apphca t1 on fo r a building permit, pay as a deposit fo r payme nt of the ta x le\'1e d by emon 4-4-5- 1 a n a mount e qual to three a nd on e-half percent (3.5%) of fifty p rcent (50 %) of the estunat,ed cost of the improve me nt. or three and one -half percent ( .5~o) of fifty percent (50%) of the total co ntract price . if there 1s a contract fo r the building construction or improve me nt: provid ed , h owe\'e r , that 1f t hee t1m ated cos t of the improve ment or the total co ntract price i in exces of two hundred th ousand dollars ($200 ,000.00) the Doreeter , iH Ms.'fte r CITY . AT IT discre ti on a nd upon a pplication to ftttftAter IT . m ay a uthorize a wa iv er of sa id deposit a nd accept the payment of said tax on a monthly , quarte rly or othe r basis . based up on actual purchases of m aterials , supplies a nd eq UJpm e nt fo r whi ch such tax may be due , s ubject to s uc h rules a nd r eg ul ation s as the said~ CITY may a dopt. In all cases whe re the depo sit r equired by t he prov is ion s of this Section is made, if it is determme d at t h e time of t h e co mpl etion of the building, dwelling or other structure of improve ment fr om the mvoice s a nd statements reflecting the purchase therefor, that the de pos it m ade as he re in req uired . together with the actual pay me nts of the City as a sales tax , is m excess of the actual tax due therefor, the pe r so n m aki n g said de pos it or paym g said tax may make application to the Direeter ef Fifte11eiel e e r ie ee CITY fo r refund of any amount paid in excess of the actual taxes due, in which eve nt tt shall be the duty of the person making such a pplica ti on to furni s h a ll necessary bills and invoices evidencing over-payment of the tax. a nd. if the said ~ CITY is satisfied that there has been such ove rpayme nt, lte IT s h a ll refund such overpayment to the taxpaye r . 17 • ... ) I • 0 -- • • • ,. • 1 .. ,. • • C. Construction eq uipme nt which is located witlun the bou nd a ri es of the City for a period of more than thirty (3 0) co n secutive day s hall be subjected to the full ap plicable use tax of the City. D. With res pect to transactions co n s ummated on or afte r January I. 19 86. construction equipment which is located witlun the bou ndaries of the Ci ty for a period of thirty (30) co n secutive days or less shall be s ubj ected to the City's use tax in an amount which does not exceed the amount calc ulated as follow s: the purchase price of the equipment s hall be multipile d by a fraction. the nume rator of which is one and the denominator of which is twe h·e (1/12). a nd t he r es ult s h a ll be multiplied by three and one-half percent (3.5%). E . Where the provisions of subsection D of this Sec u on a re utiil zed . the cre dit provisions of subsection 4.4.5.28 shall apply at uch t1m as the aggrega t e sa le and use taxes legally imposed by and paid to othe r statutory a nd hom e rule municipalities on any s uch equipment eq ual three a nd one-h al f pe rce nt (3 .5%). In order to avail him se lf of the provisions of s u bsecti o n D taxpayer s hall comply with the fo ll owmg procedure : of this Section . the I. Prior to or on the d a te the e quipment 1s located w1thm the bo unda r ies of t h e City , the taxpa ye r s hall file with the Cit/: F11u11u!tel Se .... 1ee E)e~e rtmeRt CITY an e qwpme nt declarat10n on a form prov id ed by t he City . S uch de clarat10n s h a ll s tate the dates on wluch t h e taxpaye r a nucipates the e quipme nt will be located withm a nd r emoved from the bo undanes of the City. s h a ll mclude a descnpuon of each uch : a nt1 c1p ated pi ece of eqwpment, s hall stat e the actual or anticipated purchase pnce of each such: antici pated pi ece of equipment. a nd shall include s uch other mformauon as reaso nably deemed n ecessa ry by the City . 2 . The taxpaye r s hall file with the City an amended eq uipment d eclaration reflectmg any changes m the information co ntai ned in any prev iou s e quipme nt declaration no le ss than onc e every ninety (90) days after the equipme nt 1s brought into the boundaries of the City or. for equipment which is brought in to the boundaries of the City for a proJect of less than ninety (90) days' durat10n . no later than ten (10) days afte r s ubstantial com pletion of the proJect . 3 . The taxpayer n eed n ot r e port on a n y eq uipme nt declaration a ny equipme nt for which the purchase price wa s under two thousand five hundre d dollars ($2,500 .00 ) . If the equipment declaration is given as provided m s ubsection F of this Section . then as to any item of co nstruction equipment for which t he customary purchase price is under two thousand five hundred dollars ($2 ,500.00) which was brought into the boundaries of the City temporarily for use on a co nstruction project, it shall be presumed that the item was purchased m a jurisdiction having a local sales or use taxes as high as three and one-half percent (3.5%) a nd that s uch loca l sales or use tax was previous ly paid. In such case the burde n of proof in any proceeding before the City . the Executive Dire cto r of the Departme nt of Reve nue . or the District Court. s hall be on the City to prove s uch loc a l sale s or use tax was not paid . 18 • I • 0 - • • • • ,-. • .. • - H . If the taxp ayer fails to co mply with t h e provisions of s u bsection F of t hi s S coon. the taxpaye r m ay n ot avail him self of the provisions of s ubsection D of this Secoon and s hall be s ubject to the provis ion s of s ubsection C of th.is Section . However. s ubstantial co mplia n ce with t h e pro'vision s of s ubsection F of t his S ct1o n s h all a llow the taxpayer to avail himself of the provisions of s ub section D of t his ect1o n . Section 34. Title 4. Ch apter 4, Section 7 · TA.'\ INFORMATION COl\"F IDENTL.\L. Englewood Municipal Co de 1985, is hereby a mende d as fo ll ows : A. Except in a ccorda n ce with judicial orde r , or as othe n v1se herein provi ded . the C ity s hall not divulge any inform a tion gained from a ny r eturn fil ed or as a re s ult of any investigation or hearing held purs uant to t h e provisions of tlus Ch apter . B . Noth.ing co ntaine d m this Section s h a ll be co n s trued to prohibit: l . The delivery to a person. or to his duly authonzed r ep rese ntative. of a co py of any r eturn filed m co nnectio n with his tax : 2. The publication of statistics so classified as to preve n t the ide ntification of particular re por ts or returns and the items thereof: 3 . The inspection by the City Attorney, or a n y other lega l r ep r ese nta t ive of t h e C ity. of t h e r eturn or other information r e lating to a n y taxpayer w h o m ay beco me involve d i n litigation with the City in which the said information m ay beco me mate rial. C Reports a nd returns s h a ll be preserved for t hree (3) year s a nd thereafter until the l,;hf'eet,er ef Fi11e11eial Ser,>iees CITY CLERK. with the approval of the Ci~ Heeege r S TATE AR C HI\rlST, s hall order them destroyed . Section 35 . Title 4. Ch a pter 4, Section 8 · ESTIMATED T A.'\ES A'.\l) ASSESS :\tE:-.:T THEREOF, Engle wood Municipal Co d e 1985 , is h e re by a me nd ed as follo ws: r\. B . With r espect to tra nsacti on s co n s umm a t e d before January I . 1986. 1f a ny perso n neglects or r efu ses t o make a r eturn for , or payment of a n y of the taxes levied by th.i s Chapte r when the s ame become due , the Qw eeter sf Fieeeeiel Se'"' ,ees c1n· s hall, at so me date s ubsequent to fifteen (15) days after the d ate fo r the m a kmg of s uc h r eturn or the payment of s u ch taxes. give writte n notice to t he pe r son responsible for making said r eturn or p ayin g said taxes or the Jack of the filin g of s uch return or pay ment of said taxes , which n otice s h a ll n otify the taxpayer, or other perso n responsible fort h e return of the tax, that the sam e must be p aid with.in fiftee n (15) days from the date of the recei pt of said n otice. If the return is not filed , or the taxes are not paid , with.in fifteen (15) days a fter receipt of said notice , the~ CITY may m a ke an estim ate . based upon s uch information as may be available to him , of the a mount of taxes due fo r the p e n od or penods for which taxpayer is delinquent and s hall a dd thereto a penalty in a n amount equal to ten percent (10%) of said estima ted tax . together with interest on s aid estimated tax at the rate of one percent (1%) per month from the due d ate thereof. and may assess said amount against the de linquent taxpayer by giving s aid taxpayer written notice thereof, which notice s hall r equire the taxpayer eithe r 19 " ) I • 0 • • -• ,. --. • .. • - to pay the a mount assessed by the ~ CITY or to petition him fo r a co rrection of said estimate within a penod of t we nty (20) days t h e reafter. Any s uch petmon for correction s hall be in wnti ng and any facts or figures in s upp ort thereof s h all b s ubmitted upon the oa th of the taxpayer . The -9tPeeteP CITY s h all co n s id e r t h e matter s s ubmitte d by the taxp ayer and sh all make a decision as to t h e prope r amount of taxes , penalty a nd inte re st due, which dec is10 n shall be final a nd binding, except as modified by tate statutes . The time pe riod set forth in t hi s Section may . m the abso lute di sc r e tio n of the Dit'eeter ef Fifteftee CITY , be waived fo r good ca use on writte n applicauon of a vendor or taxpayer . C. With r es pect to tran saction s co n s ummated on or a fter January I . 19 6 : 1. If a person neglects or r efu es to make a return m paymen t of the sa les t a x or t o pay a n y tax whe n the same becomes due. the D1ree~er ef Fifte.Re1al Ser iee _ CITY s hall, at so me date s ubseq ue nt to fifteen (15 ) days aft e r t h e d a te fo r the making of su ch return or t h e payme n t of s uch taxe . mak e a n es trmate. ba sed up on such information as may be a v a il able . of the a mount of taxe s d ue for the pe riod for whic h the taxp ayer is delinquent a n d s h all a dd the r e t o a pe n a lty equal to the s um of fifteen d oll a r s (S 15 .00) for uch failure t o ten perce nt (10 %) thereof and interest on such d eli nque nt t a xe at h e rate nnpos ed under subsection C3 of this Section plus one-h alf of one pe r cent (.5%) pe r month fr om the d ate when due , not exceeding eighteen pe r ce nt (18 %) m t h e aggregat e . 2 . If a perso n n egle cts or refuses to ma ke a return m paym e nt of t h e u se tax or t o pay a ny tax as required. the~ CITY s hall m a ke a n e timate . based upon s uch information as may be available . of the amount of taxes due for the pe n od for which the taxpayer is delinque nt a nd h a ll add the re t o a pen alty eq u a l to te n percent (1 0%) thereof a nd inter est on s uch delmque nt taxes at the r ate imposed under subsection C3 of th.I Section . plus one-h a lf of on e pe rce n t (.5%) per month from t h e date whe n due . 3 . The a nnual r ate of m ter est on delmquent taxes under s ub sectio n s C I a nd C2 above s h all be that establi s h ed by t he State Co mm issioner of Ba nking pursuant to sec tion 39-21 -110 .5 . C.R.S . Sectjop 36. Title 4, Chapter 4 , Section 9 · SALE OF STO CK O R QUITTING BUS I NESS , Englewood Municipal Co de 198 5, is h ereby a me nde d a s follows : A . B . Any retailer who shall sell out of his bu m ess or stock of goods or who s hall quit business, shall be r equire d to pre pare a nd fil e a sa les tax a nd use tax return as provide d in this Chapter within fifteen (15 ) days s ub sequent to the date of the co mpletion of said sale , or the quittmg of business a nd t he purchaser thereof. 1f any, s hall be required to withhold s uffi cie nt of the purchase money to cover t he amount of said tax due and unp a id . until s uch time as the said retailer s ha ll produce a receipt from the DtPeef6I' CITY h owing that all s uch t axe h ave bee n pa id and that no further taxes are due . If the purchaser of a business or stock of goods shall fail to withhold the purchase money as a bove provided, and the tax shall be due and unpaid aft.er the fifteen-(15 ) day period allowed, such purchaser s hall be pe r so na lly liable for the payme nt of the 20 • ' ... ) I • 0 • • /' . • • -' taxes unpaid by the former ow ner and the liens created by Section .J-.J-14 s hall immediately attach to the personal property so purchased: provided. however. that the retailer so selling or qwtting business hall not be relieved in any manner of his liability for payment of any of said taxes due. Sectjon 37. Title ,t , Chapter .J , Section 10 -DEFICIENCY NOTICES AND REFUNDS , Englewood Municipal Code 1985 , is hereby amended as follows : A. Refund Procedure. 1. A refund shall be made or credit allowed for any tax paid under protest by a ny purchaser or user who has, or claims to have , an exemption as in this Chapter provided. Such refund shall be made by the~ CITY after comp li a n ce with the following conditions precedent: B. a . Application. Applications for refund must be made within runety (90) days after the purchase or u se of the goods on whi ch the e xe mpt10n 1s claimed, and must be s upported by the affid avit of t he purchase r or user accompanied by the original paid mvo1ce or al es r eceip t and a certificate issued by the seller . together with s uch further mformation as may be requested by the~ CITY. b. With respect to transactions co n s ummate d on or aft e r Jan u a ry 1. 1986 . an application for refund of s ales or u e tax paid unde r dispute by a purchaser or user who claims a n e x mpuon pursuant tO this Ch apter shall be made within sixty (60 day after the purchas . to r a ge . u se or consumption of the goods or se!'Vlces wh e reon a n e xe mpuon 1s cla im e d . c . With respect to transactions co n s ummat don or after Janua ry l. 19 6 . an application for re fund of tax monies paid tn e rror or by mi stake. s hall be made within three (3) yea r s after the date of purcha se . -to rage . use or consumption of the good s for which the refund 1s clru m e d . The refunded amount will be net of any ,·endor fee re tamed and will not accrue interest. 2. Decisions . U pon receipt of s uch application and accompanying m fo rm at1o n . t he Director CITY s hall examine the same with all due speed a nd shall gwe n oti ce to the applicant by an order in writing of ftt!! ITS decision thereo n . 3 . Hearing. An aggneved applicant may , within twe nty (20) days after s uch decision is mailed to him . petition the~ CITY for a hearmg on the claim in which case the~ CITY s hall. upon due notice to the applicant. h old a hearing upon such applications, taking s uch informat10n or eviden ce as may be material, and s hall . thereafter. render ftt!! ITS final decision upon s uch application , which deci sio n s hall be fmal. Deficiency Notice or Refunds . 1. With respect to transactions co n s ummated on or after January 1, 1986 , in lieu of the procedure provided for in subsection A 1 above, the taxpayer may e lect a hearing of the Ehreners CITYS final deci s ion on a deficiency notice or claim for refund pursuant to procedure se t forth in this Section. 21 • ) I • 0 • I I • -• • ·,, ... • - a . As used in this Section, "State h earing·· means a heanng befo r e the Executive Director of the Department of Revenue or delegate thereof as provided in section 29-2-106 .1 (3), C.R.S . b. When the City asserts that sales or use taxes are due 10 a n amount greater than the amount paid by a taxpayer. the City s hall matl a deficiency notice to the taxpayer by certified mail. Th e deficiency notice shall state the additional sales and use taxes due. The deficiency nouce shall contain notification . in clear a nd co n s pi cuou s type . that the taxpayer has the right to elect a Sta t e h earing on the deficiency pursuant to section 29-2-106 .1(3), C.R.S . Th e taxpaye r sha ll also have the right to elect a State hearing on the City's denial of such taxpaye r 's claim for a refund of sales or use tax paid. c. The taxpaye r shall request the State hear ing within thirty (30) d ays after the taxpayer's exhaustion of local re medies . Th e taxpaye r hall have no nght to such hearmg t.f h e has not exhausted loca l r e medi es or if he fails to request s uch heann g w1thm the time period provided . For purposes of this subsecu on . "e xhaus tion of local rem ed.1e s" means : (I ) The taxpaye r ha s timely r eq ue s t ed in writing a hearing befo r e the City and the City h as h eld such hearing a nd issued a final deci sio n ther eo n . Such h eanng s hall be informal a nd no transcript, rules of e~,dence , or filing of briefs s hall be required : but the taxpayer may elect to s ubmit a bnef. 10 which case the City m ay s ubmit a brief. The City s hall hol d such heanng and i s ue the final decision thereon w1thm runety (90) days after the City's receipt of the taxpayer's written request therefor. except the City ma y exte nd uch period 1f the delay m h olding the hearing or 1ss umg the decision thereon wa s occasione d by the taxpayer but, 10 a ny such event. the City s hall hold s uch hearmg a nd iss ue the decision thereon w1thm one hundred eighty (1 0) days of the taxpayer's request 10 wntmg the refor : or (2) The taxpayer has timely r equest ed m wntmg a hearing befo r e the City and the City has fat.led to hold s uch hea ring or has failed to issue a final d ecis ion thereon w1thrn t he time penods prescribed in subsection B le( 1) of th1 s ec u on . d . If a taxpayer has exhausted m s/he r loca l remedies as prov 1d d 10 subsection B le of this Section. the taxpayer may r eq uest a ::state hearing on such deficiency notice or claun for refund , a nd such r equest shall be made and such hearing s hall be co nducted 10 th e same manner as set forth in section 29-2-106 . l (3) through (i ), C.R.S . e . If the deficiency notice or claim for refund involves only the City , m lieu of requesting a State hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the District Court of the Co unty of Arapahoe as provided in section 29-2-106 .1(8), C.R.S .. provided the taxpayer complies with the procedures set forth in subsection B le of this Section. 22 • " .. ) I • 0 - • • • • • - f. Nothing in this Section s hall prolubit t h e taxpaye r from pursurn g Judicial review of a final deci sion of t h e Ci t y as otherwise provided in this Ch apter . 2 . With res pect to transactions consummated on or afte r J a nua ry I . 1986. within fifteen (15) days after filing a notice of a ppeal as provided in s ub sec t10n B l e of this Section, the taxpayer shall file with the Di s tnct Co urt a s ure ty bond in twice the amount of the taxes. interes t , a nd other ch a r ges stat ed in t he fin a l decision by the~ CITY which are co ntested on appeal. The taxpaye r may , at his/her option , s atisfy the s urety bond r equireme nt by a s avings account or deposit in or a certificate of depos it is s ued by a State or national bank or by a State or Federal s avings and lo a n association . in acco rd a n ce with the provisions of section 11-35-101(1 ), C.R.S .. equal to twice the a mount of the taxes , interest, and other charges stated in t h e final dec is ion by the ~ CITY . 3. The taxpayer may, a t his/her option . depos it the di s puted a m ou nt with th ~ C ITY in lieu of pos ting a s urety bond . If s u ch amount 1s o depo,1te d . no further interest shall accrue on the d eficiency co ntested dunng the pendency of the action. At the conclusion of the action . after a ppea l to t he Supreme Court or the Court of Appeals or after the time fo r s u ch a ppeal has e xpired. the fund de pos ite d s hall be , at the direction of the Co urt. e11he r retained by the~ CITY a nd a pplied against the d efici e ncy or r eturne d in wh ole or in p art to the taxpayer with interest at the rate imposed purs u a nt to s ubsection -1 --1 -C3 of this Chapter. No claim for refund of a m ounts de posited with the Director need be made by the taxpayer in order for s u ch amo unts to be r epaid in acco rd a n ce with the direction of the Court. 4 . An y perso n claiming to have paid a tax for the purchase or u se of tangibl e pe r so nal property in excess of the rates establis he d by tlus Ch apter , m ay app ly for a refund of said excess in the manne r prescnbed above . 5 . Refund Not Assignable: The right of any person to a r e fund unde r t hi s Ch a pte r s hall not be assignable, and application for r e fund must be ma de by the a m e pe r so n who purchased or used the good s a nd who paid the tax t he reo n . as s h own by the invoice of the s ale thereof or oth e r app rop n a t e doc um e nt. 6 . The ~ C ITY MANAGER OR DESIGl\'EE s h a ll h ave the a uthonty t o waive part or a ll of any pe nalty and/or interest assessed 1f the cir cum tances d ee m s u ch . Section 38. Title 4 , C h apter 4. Section 11 -E~lI NATIO NS OF RETl.iRNS : REF UNDS, DEFICIE NCIES, Englewood Municipal Code 1985 , is a m e nded as follow s : As soon as practicable after a ny sales or u s e tax return is fil ed . the ~ CITY s hall e xamine it, and if it then appears that the correct amount of tax to be remitted is greate r or less than that s hown in the return , the tax s hall be recompute d . If the amount paid exceed s that which is due, the excess s hall be refunde d or credited against any subsequent remittance from the same taxpayer. If the amount paid is less than the amount due , the difference , together with inte rest thereon at the rate of one percent (1 %) pe r month from the time the return was due. s h a ll 23 • ) I • 0 • • • .. ,,,--· • • - be pa id by the ve ndor w1thrn fiftee n (15) days after written notice a nd demand to him from the GiPeet.eP CITY . With res pect to returns filed on or after January l. 1986 , the a nnual rate of int erest on delinqu ent taxes hall be that established by the State Commissioner of Ba nking purs ua n t to section 35 -21 -110 .5 . C.R.S . Section 39. Title 4, Chapter 4, Section 12 -INVESTIGATIO N OF RETAILER'S BOOKS , Englewood Municipal Code 1985 . is hereby amended as follows : A. For the purpose of ascertaining the co rrectness of a return . or for the purpose of determining the amount of tax due from a ny taxpayer. the~ CITY MANAGER OR DESIGNEE ma y hold inv estigation s and hearings concerning any matter s covered by this Chapter a nd may examine a ny rel eva nt boo k s . papers. records or memora nda of any such perso n . requrrmg t h e attend a nce of such taxpayer or any officer or employee of s uch taxpayer. or of a ny perso n havi n g knowledge of s uch sales and taking s uch te umony a nd proof as may be necessary to properly a scertain any tax liability . The~ !TY s ha ll have power to administer oaths to a ny person m the co ur e of such m ves tigat1on s or hearing. B. Coordinated Audit Proce dures . I . Coordinated Audit. a . Any taxpayer licensed in tlus City pursua nt to this Chapter of the Englewood Municipal Code 1985 . and holding a similar sales tax license in at least four (4) other Colorado murucipalities that administer their ow n sales tax collection, may request a coordinated a udit as provided her ei n . b . With fourteen (14) days of receipt of notice of an intended a udit by a ny municipality that administers 1ts own sales tax collection. the taxpayer may provide the 9H'eet.er ef Fiuaeeial 6erniees ef thi s CITY . by certifi ed mail . return receipt requested . a written r eq uest fo r a coo rdinated a udit indicating the municipality from which the notice of intended a udit was received a nd the name of the official who issued such notice. Such r equest s hall include a list of those Colorado municipalities utilizing local co ll ect10 n of their sales tax in which the taxpayer holds a current sales t ax lic ense a nd a declaration that the taxpayer will sign waive r of any passage-of-time base limited upon this City's right to recove r tax owed by the ve ndor fo r the a udit period . c. Except as provided in subsection 4-4-12B lg, a ny taxpayer that submi ts a complete request for a coordinated audit and promptly signs a waive r of Section 4-4-17 of this Chapter. may be a udited by this City during the twelve (12) months after s uch reque st is s ubmitted onl y through a coordinated a udit involving all municipalities electing to participate in s uch an audit. d . If this City desires to participate in the audit of a taxpayer that submits a complete request for a coordinated audit pursuant to s ubsection B le of this Section. the Qireet.er ef Fi1111eei11l 6er, ieee CITY sh a ll so notify the ~ ef Fi111111ei11i 6er,,\eee ef ,he municipality who se notice of a udit prompted 24 ., I • 0 J ( • • 2 . • .. ~ ,,-- • ,. r,, .. • -~ the taxpayer's r eq uest withi n ten (10) days after rece ipt of the taxp ayer·s request for a coordinated audit. The E>weeter e f Fieaeetal Ser tee s C ITY shall then coo pe r ate with other -participatmg municipalities in the deve lopme nt of arrangements for the coo rdina ted a udit. including a rrangements of the time during wluch the coo rdinated a udit, incl uding arrangements of t h e time during which t h e coo rdinated a udit will be conducted . the pe riod of t im e to be cove r ed by the a udit. a nd a coo rdinated notice to the taxpaye r of those r ecords mo st likely to be r equired fo r completion of the coordinated audit. e . If the taxpayer's request for an audit was m res pon se to a notice of audit issued by this City , this Ci~ 's E>ifo eeter ef Fieaeei.al SeP·iees CITY shall facilitate arrangements between ~ IT a nd othe r municipalities participating in the coo r di n ated audit u nl es and untu an official from so me other participating municip a lity agrees to assum e this responsibility. The E>ifoeeter ef Fieaeeial SeMees CJTY s h all cooperate with other participa ting munici palities to. whene ve r practicable, minimize the number of a uditor s that will be p r esent fo r a coordinated audit wa s in res pon se t o a n otice of a ud it iss ued by this City , on the taxpayer's pre mises to co nduct the coo r di n ated a udit on behalf of the p a rticipa ting municipa lities. Info rm ation obtained by or on behalf of those municipalities p a rticipating in the coordmated a udit may be s hared only among s uch p a rticipa t in g municipalities. f. If the ta:iqiayer·s request for a coordinated a udit was in r espo nse to a notice of audit iss ued by this City , this Cit, 's E>ifoeeter ef Fieaeeial eePYiee9 CITY shall. once arrangements for the coordinated a udit between~ IT and other participating municipalities are completed, provide written notice to the taxpaye r of which muruc1palit1es will be participating, the period to b e audited and the records mos t likely to be required by participating municipalities fo r co mpletion of the coordinated a udit. The E>ireeter ef Fieeeeial Sep, tee s CITY s hall also propose a sc hedule for the coo rdinated a udit .. g . The coordin ated a udit procedure set forth in this Section s h a ll not apply: (1) Wben the proposed a udit is a jeopardy a udit, (2) To audits for which a notice of a udit. was give n prio r to the e ffe ctiv e date of this Section . (3) Wben a taxpaye r refuses t o promptly sign a wa ive r of Section 4-4-17 of this Code , or (4) Wben a taxpayer fail s to provide a time ly a nd co mpl e t e r equest for a coordinated audit a s provided in s ubsection BI b of this Section . Intercity Claims for Recovery. a . Claims for Recovery . The intent of this Section is to streamline and standardize procedures related to situations where tax has bee n remitted to the incorrect municipality. It is not intended to reduce or 25 • .., ) I • 0 I • • -• .. • . .--- • I),. ,• ,4, • -~ eliminate the responsibilities of the taxpayer or vendor to co rrectly pay, collect, and remit sales and use taxe to the City . b. As used herein, "claim for recover y·· means a claim fo r reunbursement of sales and use taxes paid to the wrong taxing jurisdiction. c. \\Then it 1s determmed by the E>treeter ef f111e11eial 6er,.aees ef the City that sales and use tax owed to the City has been r e ported and paid to another m unic1pality . the City s hall promptly notify the '"endor that the taxes are being improperly collected and remitted. and that as of the date of the notice the vendor must cease improper tax collections and rem 1 tta nces . d . The City may mak e a written claim for recovery directly to t h e muruc1pality that received tax and/or penalty and interest owed to the City or, m the alternauve. may msutute procedures for co llection of the tax from the taxpayer or vendor. The decision to make a claun for reco,·ery lies m the so le discretion of the City. Any clrum for recovery shall mclude a properly executed release of claim from t h e taxpayer and/or vendor r eleas ing its claim to the taxes paid to the wrong muruc1pality , e ,;dence to s ub stantiate the claim. and a request t h at t h e municipality approve or deny in whole or in part, the cla im withm runety (90) days of its receipt. The municipality to wluch the City submits a claim for recovery may, for good ca use. r equest an extens ion of time to mvesugate the claim . and approval of such e xtensio n by the City shall not be unreasonably withheld . e . With.in runety (90) days after receipt of a clrum for reco,·ery , the City shall verify to its sausfacuon whether or not all or a portion of the tax claimed wa s improperly rece ived . and shall notify the mumcipality subm1ttmg the claim m wntmg that the claim 1s either approved or derued in whole or m part, mcluding the reasons for the dec1 10n . If the claim 1s approved m whole or m part. the City s hall remit the undisputed amount to the mumcipality submittmg the claim within thirty (30) days of approval . If a claim is submitted jointly by a m umcipality and a ,·e ndor or taxpayer. the check s hall be made to the part.Jes Jointly . Derual of a claim for recovery may only be made for good ca us e. f. The City may deny a claim on the grounds that it has previously paid a clrum for recovery arismg out of an audit of the same taxpayer . g. The period subject to a claim for recovery sh all be limned to the thirty-s ix (36) month period prior to the date the m unic1pality that was wrongly paid the tax receives the claim for recovery . Section 40. Title 4 , Chapter 4, Section 13 · CONDUCT OF HEARINGS . Englewood Municipal Code 1985 . is hereby amended as follows: A. Subpoenas and Witness Fees. All subpoenas issued under the terms of this Chapter may be served by any person of full age. The fees of witnesses for attendance and trial shall be the same as the fees of witnesses before the District 26 • ~ . .. I • 0 - • • • • - Court, such fees to be paid when the witness 1s e xcu ed from furth er attendance. When the witness is subpoenaed at the insistence of the ~ CITY . s uch fees shall be paid in the same manner as other expenses under the terms of this Chapter. and when a witness is s ubpoe na ed a t the m s1s t e nce of any party to a ny s uch procee ding , the~ CITY may require that the cos t of se r vice of the s ubpoena a nd the fee of the witness be borne by t h e pa rty a t whose insis tence the witness is s umm oned . In s uch case the ~ C ITY , in ftl5 ITS di scretion . may reqUll'e a deposit to co ver the cost of uch servi ce a nd witness fee . A s ubpoe na issued as aforesaid shall be se rved m the same ma nne r as a subp oe na iss ued out of a co urt of reco rd . B . Judge Compels Attendance . Any judge of the Di stric t Court of the Eighteenth Judicia l District of the State of Colorado, either in term trme or vacation , up on t he a ppli ca u on of the~ CITY . may co mpe l the atte ndance of witne sses. the prod ucuon of boo ks , papers , records or memoranda a nd the gi\;ng of tes timony before the ~ CITY or any of m;, ITS duly authorized agents , by a n attachment fo r contempt, or otherwise , in the same manner as prod uct 10 n of evid e nce may be compelled before said Court. Sectjop 41. Title 4. Chapter -1. Section 15 -ENFORCEMENT OF T . .\..'XE S . .\..'\/1) FORECLOSURE OF LIENS , Englewoo d Municipal Co d e 19 85 . is hereby a me n ded as follow A. If any taxes. penalty or interest imposed by this Chapter a nd shown d ue by r eturns filed by the taxpayer. or as shown by assessment duly m ade as prov1ded herem , are not paid within fifteen (15) days after the same are due, the ~ CITY shall issue a warrant under m;, ITS official seal directed t o any duly authonzed reve nu e collector, or to the sheriff of any county in this State co mmandmg lu.m to levy up on . seize and sell sufficient personal property of the tax debtor whi ch 1s ubi ect to the liens created by Section -1-4-14 found witlun !us co unty fo r the payment of t he amount due, together with interest, penalties and co ts . B. Simultaneously with the issuance of said warrant, the ~ CITY s hall is ue a notice of tax lien . setting forth the name of the taxpayer. t he a mount of the tax. penalties. interest and costs, the date of the accrual the reof. a nd that the City claims a first and prior lien therefor on the tangible pe r sonal property of the taxpayer s ubject to said liens . C. Such notice shall be on forms prepa r ed by the~ C ITY , s ha ll be ve rified a,. fttffl a nd h a ll be fil ed in the offi ce of the clerk and r eco rder of a ny co unty in this State in wluch the taxpayer own s tangible perso n a l property subj ec t to said li ens . D. U pon the flllllg of said notice of lien, the effective date of said lien s hall r elate back to the date of the fir st taxable transaction for which a ny tax is due. Sectjon 42. Title -l . Chapter 4, Section 17 -LIMITATIONS. Englewoo d Municipa l Co de 1985, is hereby amended as follows : A. The taxes for any period , together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed , nor s hall any notice of lien be filed , or distraint warrant be issued, or s uit for collection be in stituted , or any 27 • .. ) I • 0 •• • • • • - other actio n to co llect the same be commenced more than three (3) yea r afte r the date on which the tax was or is payable . Nor shall a ny hen co ntinue after s uch penod. except for taxes assessed before the expiration of such period , notice of he n with r espect to which has been filed prior to the e xpiratio n of such penod : in whi ch ca es uch lien s hall co ntinue only for one yea r after the filing of noti ce ther eof. B. In the case of a false or fraudulent return with intent to evade tax . the tax. together with mterest and penalties thereon may be assessed, or procee dings fo r the co ll ection of such taxes may be begun at a ny time . C. Before th e expiration of such pe riod of limitation . the taxpaye r and t he~ C ITY may agree in writing t o an extension the r eof, a nd t he period so agreed on may be extended by subsequent agreements m writing. Section 43 . Title 4. Chapter 4. Section 18 -SERVICE C HARGE ON RETUR:-..'ED CHECKS, Englewood Muruc1pal Code 19 8 5 , is here by amend ed as follo ws : lf a check in payment of a ny sales or use tax is r eturned unpaid . a process ing cha r ge s h all be added to a ny a mount due and owing . The processing charge shall be periodically r evi ewed a nd set by t he D1t"eel0r ef FmaReial 6el" ie es. CITY . Section 44, Titl e 4, Chapter -1 , Section 19 -U::--1..AWF UL ACTS , Engl ewoo d Municipal Code 1985, 1s here by a me nded as follows : A. Advertise Absorption of Tax : It shall be unlawful for a ny retaile r to a dvertise, t o hold cut or to state to the public or to any consumer, directly or indirectly, that t he tax or any part thereof imposed by this Chapter will be assumed or absorbed by the retailer, or that it will not be added to the selling price of th e property so ld : or if added , that any part thereof will be refunded. B. Disregard for Rules; Penalty Asses sed : If any p a rt of a deficiency m tax payment 1s due to negligence or intentional di sr ega rd of authorized rules a nd regul a tion s with knowledge thereof, but without intent to defraud , there sha ll be added t en perce nt (10%) of the total amount oft he deficiency: and in uch case . inte res t shall be collected at the rate of one percent (I%) pe r month on the a mount oft he defi cie ncy from the time the r eturn wa s due , from the perso n r equired to fil e the return . which interest a nd addition shall becom e due a nd payab le within fiftee n (15) days after written notice and demand by the~ CITY . c . D. Fraud: Penalty Assessed : If any part of the deficiency is due to fraud with the intent to evade the tax. then there shall be added fifty percent (50%) of the total amount of the deficiency , and in such case the whole amount oft he tax unpaid , including the additions. shall become due and paya ble fifteen (15) days after writte n notice and demand by the ~ CITY and an additional one percent (1 %) per month on said amounts shall be added from the date the return wa s due until paid . False Statements: It shall be unlawful for any person to willfully make , pre pare or submit a tax return, or other document. containing any false statement, or to willfully make a false statement in any investigation or hearing, which may affect the tax li a bility of any person. 28 • ) I • 0 • • • • - E . Annual Interest Rate; Deficiency Amounts; With r espect to transactions consummated on or after January 1, 1986 . that res u.lt in deficiency a m ounts as defined in this Section. the annual rate of inte res t s hall be that establis hed by the State Commissioner of Banking pursuant to section 39-21 -110.5, C.R.S. Section 45. Title 4 , Chapter 5, Section 3 -TA.'X IMPOSED , Englewoo d :\'lunicipal Co d e 1985, is hereby changed as follows ; There is hereby levied on and against all utilities busin esses and occupations maintairun g facilities or carrying on functions and operations, or both. wi thin the City , e xce pt as hereinafter excluded. an annual tax in the s um of on e hundre d twenty thou sand dollars ($120,000.00) for the period of October l , 1983 a nd one hundred sixty thousand dollars ($160 ,000.00) from and after Octobe r 1. 19 83 on the busmes s a nd occ upation of ins tallin g . maintaining and operating such utility withm the City , and/or providing loca l e xch a n ge telephone services to cus tomers within the co rporate limits of the City . The tax levied by this Chapter shall commence and be co me effective on Oct ober I , 19 83. and s hall be due and payable in twelve (12) equal m onthly installme nts. wi th the fir st s uch ins tallment due and payable to the City at the affiee af the Ehreeter ef F1eaeeial Ser .. ,ee s . thirty (3 0) days after the effective date hereof. Section 46. Title 4 , Chapter 6 , Section 2 -DEFINITIONS, Englewoo d :'vlunicipal Co de 1985, is amended as to the following only; LICENSE OFFICER OR CITY LICENSE OFFICER The E>H"eeter af Fieaeeial SeMees afthe City CITY MANAGER of of Englewood , or ftt!t A duly appointed designee. Section 47. Title 6 , Chapter I , Sect10n 3 -DEFINlTIONS, Englewood ;\luruc1p al Co de 1985 . is hereby amended by the insertion of the following amended definmon in alphabetical order, as follow s ; The following amended word s and phrases , when u sed in this Chapter. shall be co n s true d to have the following meanings ; CHIEF BUILD1NG I SPECTION ; The Chief Building Ies13eeMr OFFI C IA L for the City of Englewood, Co lorado, or ftt!t authorized de s ignee . Section 48. Title 6 , Chapter 1. Section 4 -BURNING AND FIRES, Englewood l\fonicipal Code 1985, is hereby amended as follows; A. Permit to Burn Required. It shall be unlawful for any person to burn or permit t o be burned on any open premises owned or controlled by him or on any public s treet, alley or other land or premises, any rubbish, waste paper, wood or other flammable material, unless a permit therefor shall first have been obtained from the Air Pollution Control Officer of the Tri-County District Health Department and 29 • ) I • 0 • • • • t ... \. • -.. countersigned by the Dweeler ef Safety Sel"I. iees CITY Mk'\TAG ER or any authorized designee thereef. ... B. Conditions and Restrictions. All such open fires , including bonfires and outdoor trash fires. shall be subject to such conditions and restrictions as hereinafter set forth as the .\if, Pelhttiee Oliieer e.ee tke Direeter sf Safet) Sel"o'iees CITY s hall prescribe. The granting or denying of such permit s hall be based upon the location and proximity of such burning to any building or other structure, the potential contribution of such burning to air pollution in the area when the same violates emission standards established by the laws of the State of Colorado or regulations and restrictions of the Board of County Commissioners of Arapahoe County State of Colorado. C. Exception to Restrictions. This Section shall not apply to : 1. Burning in the course of any agncultural operation m the growing of cr ops as a gainful occupation; 2. Fires used for noncommercial coo k.mg of food for human beings or fo r instructional or recreational purposes : 3. Smokeless flares or safety flares for the co mbu stion of wa t e ga ses : or , 4. Flares used to indicate some danger to the publi c. D. Incinerator Burning. l. It shall be unlawful for any person to burn any combustible refuse in any incinerator within the City except man approved multiple-chamber incinerator or in equipment found by the Air Pollution Control Officer of the Tri-County District Health Department in advance of uch uses, to be equally effective for the purpose of air pollution control as an approved multiple-chamber incinerator. 2. It shall be unlawful for any person to operate or cause to be operated, any incinerator in such a manner as to create emissions which violate emission standards as established by the laws of the State of Colorado or regulations and restrictions of the Board of County Commiss ioners of Arapahoe County , State of Colorado . Section 49. Title 6 , Chapter 1. Section i · INSPECTION . ACCESS TO PREMISES, Englewood Municipal Code 1985, is hereby amended as follows : It shall be unlawful for any person to refuse to admit any member of the Tri-County District Health Department, er tke ~ire Di¥teien,!Peliee Divieiee , er lke Chief Ihtileieg Offieiel er the ~leigltl!erlteee SePo'ieee Dep-eet ehke Cily OR CITY PERSONNEL, or any authorized designee thereof. to any property , premises or place, at reasonable times upon presentation of identification credentials. for the purpose of determining whether or not there is a violation of any of the provisions of this Code. If not admitted, an order from a court of competent jurisdiction may be obtained for such admittance . A qualified person from the premises involved may accompany the authorized officer , provided that such 30 • ' . I • 0 • • • person is made available without. unnecessar y delay so a not to o bstruct the purpos e of the investigation. Sectjon 50. Title 6 , Chapter l , Section 8 -SMOKING , Sub ecuon G. Engle wood Mumc1paJ Code 1985, 1s hereby amended as follows : G. Areas Where Smoking Is Prohibited. Smoking s hall not be permitted a n d s moking areas s hall not be designated in those areas where s m oking 1s proh1b1te d by the Ehreeter ef eefet, SeMees CITY , State statute. ordinan ce or regula t10n s of the City , or other applicable laws . Section 51. Title 6. Chapter 5, Section I -ENFORCE:\IENT OF ZO ll:S:G AND El'IVIRONMENTAL CODES, Englewood '.\1unicipal Code 1985 . 1s ame nde d a s follows : A. The designated s pecialists who enforce s pecific Cod e section s as mdJcated bel ow are appointed limited and restricted peace officers only for the purpose of is s uing a nd serving s ummons and complamts for offens es co mmitted in v10 lat1 on of the particular codes they enforce: Ce!ie .\!1111imetre1,er , Code Enforcement Officers , ZeRiRg ERferee1BeRt Ofeeers aR!i )>l eig hl!erhee!i eel" 1ee s Ollieere ef the J:>eJlel'tmeRt ef Ce1B1B1tRi~· J:>e, elBJl!Be Rt with respect to Titles 5 , 6. 8 , 9 , 10 . 11. 12 , 15 , 16 , and Title i , Ch apter 1. Sect1ons IA . 18. lC. and 2, Englewood !\1unic1pal Code of 1985 , and also the adopted seco ndary codes applicable thereto . The Chief Bwlding Official. or s uch DESIGNATED office r s , iRBJleetere , !ieJl>1t1e s &RB e ee ieteR'8 iB the Pwl!lie "'erke J:>eJl&l't!BeRt with res pect to Title 5 , Chapter 7 and Titles 8 , 9 and 16, Englewood Murucipal Code of 1985 . and also the adopted seco ndary co des applicable thereto. The aforementioned limited appointments do not permit these designated a ppointees to carry firearms , make arrests and exercise any other dutJes of law e nforceme nt office r s, except as herein provided . Section 52. Title 7, Chapter lA. Section I -DEFINITIO:--JS . Englewood '.\1unic1pal Code 1985 , is amended as follows : 7-lA-1 : DEFINJTIONS: Fl!>M,l>JCI,\!, eERlqCEe J:>IRKCTOR J:>if.eeter ef ViReeeiel ee,,.ieea &RB Ci~· 61eeReiRg Oft:ieer . Section 53. Title 7, Chapter IA , Section 2 -R UNNING AT LARGE PROHIBITED. Paragraph Al , Englewood Municipal Code 1985, is hereby amended as follows: A. Dogs at Large . It shall be unlawful for any owner or p e r son having the care , custody and control of any dog to allow such dog to run at large in the City unless such dog is under the reasonable control of such owner or person . 31 I • 0 - • • • ,,--·· • • - I . F or t h e purpose of tlus Se ction , a dog s hall be deemed t o be running a t large whe n off or a way fr om the premises of the own e r . possessor or k eep e r the r eof a nd not und e r the co ntrol of s uch owner, possessor or keep e r . who s h all be co mpe t e nt to co ntrol s uch dog and who ma y be r equire d to d e mo n s trate to a m e mbe r of the Engle aae De11Mtmeet af Safety Ser ,ee a C ITY PERSO:'\l\"EL. er any 1utimal eaetral sffieer af the City , his or h e r a bility t o co ntrol s uch dog whene ver s uch dog 1s not kept on or controlled by a leash , cord or c h a m not t o exceed ten feet (IO'). Section 54. Title i , Chapter lA. Section 8-4 -RECORDS AND REPORTS . Engle woo d Municipal Code 1985 . is hereby amended as follows : The De11artmeet af Safet, Ser, iees CITY s hall maintain a reco rd of a ll a rum a ls imp ou n ded together with all fee s co llected . :\ maethl, re11art s hall he maee ta the ? lanage r ans e ll fees transmiti,ee ta the Treas11rer Eiaily . Section 55. Title 7, Chapter lA . Se cti on 8 -i -POLICE DOGS , Engle w ood :Vlunmpa l Code 1985, is hereby amended a s follow s: It shall be unlawful for any pers on t o willfully or maliciou s ly to rture , t orme nt, beat . k ick , mutilate , injure disable or kill any dog u ed by the De11ertment ef Safet:· Ser·iees CITY in the performance of the functions and duties of s11eh De11artment THE C ITY . ;-et'4e 11n .. at<Paet.a.l!ly i11Mrfere with er meaEile ,·,th an, a11eh eag ... htle l!eing >1 s ee e,· s aiel DeJ3artmeet. er ae, effieer er meml!er thereef the J3erferme11ee ef en, ef the fa11etis11s er el11ties ef seie DeJ38t'l1Be11t er sf e11eh effieer er memeer. Sectjop 56. Title i , Chapter lA. Section 11 -DESTRUCTION HEARI~G . Paragraph D, Engle woo d Municipal Code 1985. is hereby amended a s follow s : D. The !vtunicipal Co urt will determine at the hearing whether the dog or cat, because of its v1c1ou s propens ities . presents clear or present danger to the s afety of the citizen of Engle wood . When the dog or cat has been the s ubject to two (2) conv1ct1on s of attack not res ulting in grievous bodily harm , or property dama ge of fiv e hundred dollars ($500 .00) or more within a two-(2) year period , or 1t is res pon s ible for inflicting death or grievous bodily harm upon a human bemg . there LS a pres umption the dog or cat has vicious tendencies and presents a clear a nd present dange r to the s afe ty of the citizens of Engle wood . This pres umption ca n onl y be r e butted by clear a nd convincing evidence to the co ntra ry . Cpon t he court's de termmat1on that the dog or cat presents a cl e ar or pres ent dange r to the safety of Engle wood citizens, the court will order the Engle eee De)!!artment af Safet, SerY-iees CITY to des troy the dog or cat forthwith. Section 57. Title 7, Chapter lA , Section 11 -DESTRUCTION HEARING , Paragraph E , Englewood Municipal Code 1985. is hereby amended a s follows : E . If the dog or cat is not confined in the Englewood Animal s helter, the City may petition the Englewood Municipal Court for a forthwith orde r M DeJ3artmeet ef Safe" Sero ieee to confine the animal pending the outcome of the destruction hearing, and the costs of s aid confineme nt will be a s se ssed by the Municipal Court at the termination of the heanng. 32 • . ' 0 I • 0 ( • • .. ---. • • - Section 58. Title 7 , Chapter IC. Section 1 · DEFl!\1TIO. 'S. Englew ood Municipal Code 1985 , ts hereby amended as fo ll ows: The following is the only ch a nge m defirut1ons . DlREC'roR: Qweeter ef Cemm1tftity Qe releJ11B 8ftt ef tfte Ci~ ef Eegle eeii. er hts EiesigRee . Section 59 . Title 7. Chapter l C. Section 5 · DISPOSITION OF DEAD ANl lVlALS . Englewood Municipal Code 1985 . 1s hereby amended as follows: When any animal shall die within the City , it shall be the duty of the o wne r the reof t o remove the carcass of s uch anunal and see that it is dis posed of in a anitary fasluon . It s hall be unlawful for any arumal owner to fail or refuse to remove s uch ca rcass. and s uch refusal or failure shall constitute a nuisance. When the animal carcass s hall be fo und 10 a ny public street, alley or place other than the property of the owner. 1t s hall be the duty of the~ ef Safet, Sel'Y\eee. ether JIBHee effieer er AflHB&i Ceetrel Qffieer CITY . when knowledge thereof shall come to htm IT , to cause such carcass to be r emoved and di p osed of in a sanitary manner. Section 60. Title i , Chapter 2 , Section 1-~ CITY TO TAKE POSSESSJO::-.:. Englewood Murucipal Co de 1985 , is hereby amended as follow s: i -2-1: ~ CITY TO TAKE POSSESSION : It shall be the duty of e ,e,., J10ltee e«tee,, THE CITY to take mto hts ITS possession . MB te aeh er r,e the Qireeter ef Seiet: Sep,-.ee a e r ta hte lleetgnee every item of personal property lost or abandoned \l<,thm the City of Englewood , which item shall be held by the Qweeter ef Sefet~ Sep,-.ees C ITY fo r d.isp o~1t1 on m accordance with the prov1s1ons of this Chapter. Section 61. Title 7, Chapter 2 . Secuon 2 -PROPERTY US ED AS EVl DE:siCE . Englewood Municipal Co de 1985 , i hereby amended a s follows : It s hall be the duty of the Ela eeter ef Sefet,i SeP"~eee CITY to h old , pending fmal disposition of any charges agamst the owner or possessor thereof. all articles of personal property seized as evidence for use in the trial of s uch charges. After fmal disposition of said charges, except in the case of dangerous or deadly weapons , and exce pt as the co urt may otherwise direct, upon demand by the rightful owner thereof a nd the presentation of satisfactory proof of ownership, said articles shall be returned to such owner. In all other cases. said article s shall be disposed ofin accordance with the provisions of this Chapter. Section 62, Title 7, Chapter 2, Section 3 -DISPOSITION OF CONTR.ABAl'\ID , Englewood Municipal Code 1985 , is hereby amended as follows : No firearm nor any article of gambling equipment nor any contraband or confiscated arucle of any nature whatsoever in the possession of the EleJ1artmeRt ef Safet~ 6ep,·1eee C ITY . whether abandoned, unclaimed or otherwise . will be disposed of under the provisions of Section 7-2-1 , E .M.C. 1985. Such property shall be disposed of as follows: 33 0 I • 0 • • • A . B. .. • /' . • .. • -.. Seized contraband within the purview of Section 16-13-30 I et seq., and 16-3-501 e t s eq ., C .R.S . shall be disposed of as provided therein. The City's s hare of s uch contraband , if other than currency, will be disposed of as provided m subsection B below : if currency. 1t will be depos ited HllB the E>eJ!Bffftleftt sf SafeEy Ser·,ees Geeeral F11ee at the direcnon of the City :'vlanager . Firearms. gambling eqwpment and contraband seized or in the possession of the Eegle eee E>eJ!&PtHleftt ef Safet~ Ser'!ees CITY not ",tlun the provisions of the preceding subsecnon A. other than currency . if not otherwise ordered disposed of by a court of law . may, under the direction of the E>it eeteP sf Safety Ser.tees CITY MA , AGER , be used by the E>eJ!Bf'tHleet sf Safe~ SeP¥iees CITY in crime prevention, police trairung or displayed for educational purposes . Such prope rty which the E>iPeeteP sf Sate~ Ser.tees CITY MA 1AGER determine s is unusable , unserviceable, or has no training or educational value s hall be de s troyed. All other items directed by court order t o the E>eJ!!lftftleftt sf Safe~ SeR ieee CITY shall be eiPeet.ee ta the E>eJ!al't111eet sf Saiet, Ser'lees CaJ!ital 011tla:e F11ee a, E>e!!!lrt!Beet sf Sate~ Ser ,eee Ceee,al F-e DISPOSED OF at the direction of the City Manager. If the prope rty 1s currency , 1t will be d e p osited~ E>eJ!81'tH1eet s f Safel!· SeP¥iees GeeePBI F-e a t the directi on of the City '.\fanage r . Nothing in th.i s Chapte r s h a ll be co n s true d to limit or p ree mpt the r eme di es of abating or controlling public nwsan ce or mterfe re with acn on unde r T1tl e X\l . S ection 13 . Part 5 , C .R.S. Section 63. Title i , Chapter 2 . Secti on -t -2 · PROCEDL,"RE FOR DISPOSITION OF PROPERTY, Englewood Muruc.1pal Code 1985 . tS hereby amende d a s foll ows: A . B . Prior to disposition of any unclaimed property having an estimated value of fifty dollars ($50 .00) or more. the~ CITY s hall send a written nonce by first cla s postage, to the last known addre ss , if any , of any owner of unclaimed property . The last known address of the owner shall be the address of the owner as hown by records of the Municipal department or agency holding the property. The non ce shall include a description of the property , the amount of estimated value of the property, and, when available, the purpose for which the property was depos ite d or otherwise held . The notice shall state where the owner may make mqwry of or claun the property . The notice shall also state that if the owner fails to provide th e ~ CITY with a written claim for the return of the property w1thm th irty (30) days of the date of the notice, the property shall become the sol e prope rty of the City of Englewood and any claim of the owner to such property s hall be d eemed forfe ited . Prior to disposition of any unclaimed property having an estimated value of less than fifty dollars ($50.00) or having no last known address of the owner. the 9treet&P CITY shall cause a notice to be published in a newspaper of general circulation in the City of Englewood . The notice shall include a descnption of the property, the owner of the property, the amount or estimated value of the property and. when available, the purpose for which the property was deposited or otherwise held . The notice shall state where the owner may make inquiry of or claim the property . The notice shall also state that if the owner fails to provide the DiPeet,er CITY with a written claim for the return of the property with.in tluny (30) days of the date oft he publication of the notice. the property shall become the sole property of the City of Englewood and any claim of the owner to s uch property shall be deemed forfeited . • ' I • 0 • • ~ /' . • ... ·1 • • • ~ C. If the~ CITY re ceives no written claim within the a bove thiny-(30) day claim period . the property s h all beco me t h e sole prope rty of the C ity of Engle woo d a nd any claim of the ow ner of such property s hall be dee med forfeited . D . If the~ CITY receive s a written claim within the t hiny-(30) day cla un pe ri od . the~ CJ'li' s hall e valuate the claim a nd give writte n n otice t o the claima nt within ninety (90) day s thereof that the claim has be e n accep t e d or de ru ed in wh ole or in part. The~ CITY may inves tigate the validity of a claim a nd may re ques t further s upporting docum e ntation from the claunant pnor to di s bursing or refus ing to disburse the prop e rty. E . In the eve nt that there is mor e than on e claunant fo r t h e sa me property. t h e ~ C ITY ma y , in the E>ifeetep 's ITS so le di cr etion. resolve sa id cl:ums BY FILING a n interpleader ac tion . F . In the event that all claims fil ed are derued, the prope rty s ha ll be co m e the so le prope rty of the City of Englewood and a ny claim of the owne r of s uch prope rty s h all be deemed forfeited. G. Any legal action filed challenging a de c1 10 n of the ~ CITY sh all be filed purs uant t o Colorado law within tlurty (30 ) days of s uch deci s ion or s ha ll be fo reve r barred. If any legal action is timely fil e d. the p rope rty s h a ll be disbursed by the ~ CITY pursuant to the ord e r of t h Co urt havmg j uris dictio n ove r s u ch claim . H . The ~CITY is a uthonzed to establJ hand adm1ms ter proced ures fo r the administration and disposition of un clauned prope rty co n s 1stent with this Section 7- 2--1 , including co mpliance r eqwre me n ts fo r other '.\1uru cipa1 offi ce r s and e mployee m the identification and disp os ition of uch prope rty . Section 64. Title 7, Chapter 2 . Section -H · DISPO AL OF ABA!\'DO;\'ED TOYS A!\'D C HlLDREl'rS ARTICLES. Engl ewood :vlunJCJp al Cod e 19 5. 1s he reby a me n ded as fo ll ows : At the option of the E>it'eeter ef.'.tl.l!HfttB~ eu e Se,. ,eee CITY . any toy s of wh atsoever nature , including bicycles and tricycles a nd other articles m ade fo r use by cluld re n wluch a r e le ft unclaimed for thirty (30) days or more . may be so ld in acco rd a n ce with Section i -2·4 or m t he alternative may be give n to s uch needy and unfortunate childre n within t h e City a t he E>ireeteP ef.l,tl.mt11tStrea.e eepoofees C I'Ii' MA 1AGER OR DE S JG ;\'EE deems appr opnate . In the event of disposition of s uch articles without a le , the 01Peeter e f .\tl.mintstretr e ~ CITY MANAGER OR DESIGNEE s hall . at least ten (10 ) days pnor t o s u ch disposition. cause a public notice of the description of s uch a rticl es to be publis h ed and s ha ll provide for a reasonable opportunity for the rightful owner to claim the sa me. Section 65. Title 7, Chapter GA , Section 5 · RESIST, INTERFERE WITH Mill-TICIPAL OFFICERS, Englewood Municipal Code 1985 , is amended as follows : A. It shall be unlawful for any person to resist a peace officer , under co lor of official authority, from effecting the arrest of any person. by the u se or threat of physical force or violence, or any other means which creates a s ubstantial nsk of physical injury. 35 ) I • 0 - • • -• • .. • - B. It shall be unlawful to knowingl y obstruct or interfere with or hinder a peace office r or fireman m the discharge of his duties. C. :YI memeers ehhe Di. ieise sf Psliee Cl1Y OF ENGLEWOOD EMPLOYEES who do not have to be certified under the provisions of part 3 of Article 33.5 o f Title 24 , Colorado Revised Statutes, as a condition of employment, shall be includ ed w1thm the definition of "peace officers engaged in the performance of their dunes·· within the meaning of Section 18-3-201 (2) C.R.S , even though such personnel, by their limited appointments as specified in Section 6-5-1 of this Code , a re without the certification requirements of part 3 of Article 33.5 of Title 24. Colorado Re,;sed Statutes. D. Ceee Aemiuietret.er, Code Enforcement Officers, ZeeiHg Eefereemeet Offieers aee ~Jeighesrhsse eel"r-iees Qffieers sf the De138i'tment ef CemmHftity De ele13me11t with respect to Titles 5 , 6 . 8 , 9 , 10 . 11 , 12 . 15 , 16 , and Title 7. Chapter 1, Sectrnns IA . IB . IC and 2 Englewood Municipal Co de of 1985, and also the a d opted seco ndary codes a pplicable thereto ARE ALSO ·'PEA CE OFFICERs·· WlTHI~ THE MEA.'11::--!G OF THIS SECTION. The aforement1.0ned limited appointments do not permit these de 1gnated appointees to carry firearms . make arrests, and exercise any other duties of law enforce me nt officers , except as herein provided . Section 66. Title i , Chapter 68. Section 13 · SOLICITATION OF TOWING OR WRECKER BUSINESS , Paragraph A, Englewood Municipal Code 1985, is hereby amended as follows: A. It IS unla,.,ful for any person to drive or cause any tow truck . or vehicle equipped to provtde to'"'lng service, to be driven to, or to stop or park a ny such vehicle. or cause t he ame to be stopped or parked . at or near the sce ne of any fir e , exp lo sio n . traffic accident or other disaster with the intent to solicit towing or wrecker business. when uch tow truck or vehicle bas not been called to the sce ne by the ow ner or ope rator of the damaged vehicle , or the owner of property reqwred to be towe d from the sce ne. or by lu.s duly authorized agent or insurance camer. or by an agent or r epresentative of the De11-e11i ef Sefel! eePYiees CI1Y, ere) a IH"emae CI1Y or other peace office r attending the sce ne . Section 67 . Title 7. Cha pter 6C , Sections 3 · PROHIBITED USE OF WEAPONS , Englewood Murucipal Co de 1985, is amended as follows : A . It shall be illegal for : 1. Any perso n to knowmgly and unlawfully aim a firearm at another person. 2 . 3. Any person to recklessly or with criminal negligence discharge a firearm or s ho ot a bow and arrow or blow-dart weapon. Any person to have in his/her possession a firearm while und e r the mfluence of intoxicating liquor or of a controlled substance , as defined m Section 12-22 - 303(7), Colorado Revised Statutes. Possession of a permit issued unde r ecoon 18-12 -105.1 . Colorado ReV1Sed Statutes, is no defense to a v1olat1on of tlus s ub section A. 36 • . , I • 0 • • ... • ---- • ..... • -~ "' 4 . Any person to aun. swing, or throw a nunchaku (nunchakus) or a throwmg star. a d efined m Sect1on i -GC-0 ofthis Cha pter. at a nothe r p r _o n. or a ny per on to knowingly possess a throwing star or nunchaku (nun chakus) m a pub!Jc place except for t he purpose of prese ntin g a public de monstrauon or exlubmon a uthonzed by the DiPe~e, ef Safeey Se!" 1ee e CITY , or pursua nt to ms trUctton in co niunction Wlth an orgaruzed school or cla s . \\"h en transportmg throwing stars or nunchad u (nunchakus) fo r a public demon stration or exhibition or for a school or cl ass . they s hall be trans ported m a closed. nonaccessible container. 5. Any person to hit, swing, or use any device composed of leather or other materials unpregnated with spikes at another p er son . or any person to knowingly possess any device composed ofleather or other matenal impregnated with spikes as defined m Section i-GC-0 in a public place exce pt for the purpose of presenting a demon strat10n or exlubition a uthon ze d by the Direeter ef Saieey Se,-~ees CITY . When transpo rting a ny de\'i.ce co mp ose d of leather or other material impregnated with s pikes for a public demon stration or exhibition, they shall be trans ported in a closed. nonaccessible co ntaine r . 6 . Any person to discharge an air gun anywhere m this City e xcept in shoo ong galleries or on any private grounds or in any residence where such ms trume nt can be fired , discharged or ope r ated in such a manner that the projectile d oes not travel outside the limits of such gallery, grounds. or r es ide nc e: and . provided further, that the instrument s hall not be disc harge d or ope rated 10 such a manner as to endanger persons or property. Nothing herein co ntain ed shall be construed to prevent the concealed carrymg of any a ir gun wh n unloaded and properly cased to and from a ny range or galle ry . Section 68. Title 7. Chapter GC , Section -1 -FORFEITl,'RE A~"'D COl\'FI SC.-\ TIO:-: OF WEAPONS . Englewood Municipal Code 1985, 1s hereby a me nd ed as follo ws : A. Forfeiture. In every case where a pe r so n 1s charged with a n olat1 on oftlu s Chapter involving a weapons offen se, he/ he shall forfeit to the 1ty such dangerous or illegal weapon . B . Confiscation. It shall be the duty of e .e~ tieliee effieer THE CITY . up on THE making OF any arrest and taking OF a co ncealed weapon, offe nsive weapon or instrument of cnme , from the person of the offe nd e r , to deliv e r the same to the custodian of the E>i, 1010ft ef Peliee CITY property roo m , t o be held e, htm,!her until the final det ernunatton of the prosec ution fo r said offense ; upon the finding of guilty. the Municipal Judge may orde r forfeiture of such weapon or instrument helti e, htll!Ater TO THE Cl TY until the final determination of the prosec ution for said offense ; up on the finding of guilty , the Municipal Judge may order forfeiture of such weapon or m strume nt and deliver said weapon or mstrument to the Direeter ef Saiet_ Ser ~ee a. er htslher akll, fl\llftSPl~eti flgeftl , CITY for destruction or other lawful uses. Sec;tjon 69. Title 7, Chapter GE , Section 7 · HARBORING OF MINORS , Englewood Municipal Code 1985, is hereby amended as follow s: 37 • " . '.) I • 0 ~ • • • .. • ,.,... .. • • -.. It shall be unlawful for a ny per so n to knowmgly harbor . keep sec.reted . co habit \\,th. or provide s helter. for any unmarried person under the age of e igh teen (18) year s without the co nsent of the parent. guardian or othe r perso n h a nng legal cu stody of s uch pe r so n . A . It shall be unlawful for a n y perso n to harbor . keep secr eted . co hab it \\,th or proV1d e shelter, for any unmarried person unde r the age of e ightee n (18) yea rs whe n s uch perso n knows s uch minor per so n to be a parole n olato r or a fugitive from legal process. Provided . however. that this Section s h all not apply to a ny orga ruzation recognized by appropriate re solution of the City C unctl whi ch 1s providing counseling servic es for a ny s uch mmor : a nd prond d furt he r tha t uch official l y recogruzed orgaruzation s hall not pronde -helter . or harbor s uch mmor fo r more t h a n forty -eight (48) hours nor s ha!J they s helte r or h a r bo r s u ch mmor afte r de ma nd h as bee n made on them by the ERgle 888 Qe11!H'fme111 e f Sefet_. ee!"Ree s CITY for delivery of such minor to the ERgle 888 E>e11!H'ffll eRl e f S8iet:· eel"o'lees CITY . B. Any person found guilty of a V10lat10n of tlus Secllon s h all . upon co nnct10 n thereof. be fined in the s um of not le ss th a n one hundred dollars (S2 00 .00) or more tha n three hundred dollars (S300 .00) or be impnso ne d fo r a pe n od of not less tha n t lurty (30) days or more than ninety (90) d ays or both s uch fm e a nd im p n so nm e nt. Section iO . Title 7. Chapter 6F . Sectio n 10 · SAFEGCARDJ:--G E :--GLEWO OD LIBRARY PROPERTY, Paragraph C, Engle wood Municipal Code 1985 . is a me nde d as follo ws : C. Authonty to Stop and lnqwre . 1. If any pe r so n conceals upon his perso n or othe rwise carn es a wa y a ny Englewood Puhl.Jc Library reading mate rial or other library prop erty that was not properly charged out by the proper agent or e mployee of the Englewood Public Library or was otherwise take n without pe rm1 ss1on . the ERgle 888 P11elie biePBI".! f!iepo iees QiPeet.er &P-any Engle woo d Public Library e mployee/agent. o r a ny p eace officer . actmg m good faith a nd up on proba bl e cau se based up on reasonable ground s therefo r . may d e t a in a nd qu est 10n s u ch person. which includes asking him to e mpty p oc kets. h a ndbags. knapsack s , bnefcases . etc., in a reasonable manner for the purpose of ascertairung whe the r s uch pe r so n 1s guilty of uruawfull y removing or as is tmg in remo vwg library reading material or other property be longmg to the library. Such que st1onm g of a pe r on by tee ERgle, 888 P11elie bierer,o eepo,iees QiPeet8r said library employee/agent, or said each officer civilly or cnmma ll y liable fo r s la nd er . fals e a rres t , fal se impnso nment, malic10us prosec ution . or unlawful dete nt10 n . 2 . Within thirty (3 0) days after the passage of the provisions of tlus Secuon 7 · 6F-10 and before a ny action is taken there under. the r e will be s ign s permanently po s t e d within the Englewood Public Library a nd on the front door thereof informing the public that m e re e ntry into the Englewoo d Public Library grants consent to the ERgle 888 P~elie L1erar, Sen 1ees E>H"eet8P CITY, library employees/agents and peace offic e r s to detain a nd que stion s uch person, in a reasonable manner for the purpose of ascertain.mg whether s uch person is guilty of unlawfully remoVlng or assisting in rem oV1ng library reading material or other library property when the ERgie , 888 P dB iie bierary eepo 1eee Qireeter CITY , library employe es/agents, or peace officers act in good faith and upon probable cause. This e ntry also constitutes 38 • . I • 0 - • • • .. ,. • • - consent for the per so n e mptymg clotlung pockets. handbags , kn a psacks. brief cases, etc ., wh en as ked to do so . Sectjop 71. Title 7, Chapter i , Sectton 2 -DESTRCCTION OF PROPERTY . Englewood Municipal Code 1985 , is hereby amended as follows : When a fire is in progress. the E>H eeter ef S!tfet, 6el"~eee CITY MANAGER . or in his absence the highest ranking paid officer in attendance . may order any building or buildings. fences or other structures that a re in close proximity to s uch fire to be to rn down , blown up or otherwise di s posed of. if he deems 1t necessary for the purpose of controlling the progress or pre\'enttng the s prea d of s uch fire . Sectjop 72. Title i . Chapter i . ect1 on . '.\I C Tl"AL AlD Ai\1) AUTOl\1ATIC AID AGREEMENTS. Englewood Mumc1paJ Code 1985, ,s her e by a mended as follows : The City Council may enter into agreements with other Cities . towns. fire protection districts , corporations, or incorporated area ·. relaung to the mutual a nd/or a utomatic exchange of assistance in fighting fire s. but t he E>1 IPteR ef fwe CITY s hall not a nswe r a ny call which is outside of the City BO ND.ARY un less uch fire 1s one whi ch is co\'e r ed by such an agreement for mutual and/or automatic asst tance . Section 73. Title 7, Chapter 7, Secuon 4 -E'.\1ERGE7"CY RESPONSE ALTHORITY , Englewood Municipal Code 1985 . 1s hereby a mend ed as follows : A. B. The Emergency Response Authonty for the City s hall be the E>ifoeeteP ef 6efet0 6eP¥teee CITY MANAGER OR DESIGNEE wh o s hall exer cise co ntinumg supervisory authority for the cleanup and removal of the hazardou s s ubstance involved in a hazardous s ubstance mc1d e nt. The City is hereby authonzed to claim reimburseme nt from the parties or perso n responsible for a hazardous s ubstance mc1dent for the r easonable a nd documented costs resulting from action taken to remove , co ntain . or otherwise mitigate the effects of such incident not including costs necessary t o extingwsh a fire. Sectjop 74. Title 7, Chapter 7, Sectton 5 -ESTABLISHMENT OF MOTOR \'EHI CLE ROUTES , Englewood Municipal Code 1985. is hereby amended as follows : For vehicles transporting explosives , blasting agents . hazardo us ch e mic al or other dangerous articles, the routes for vehicles transporting explos ive . bl asting agents . dangerous chemicals or other dangerous articles are hereby establis hed as follows : Santa Fe Drive U .S . Highway 285, exclusively between the hours co mmencing at 10 :00 P.m . and ending at 6 :00 A.M . All operators of vehicles transporting explosives. blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in thetr possess10n showing the point of ortgin and 39 • ) I • 0 • • • .. • I ~ • • • - destination of the vehicle and its co n tents in s ufficient detail to ju tify the use of a r oute other than as set forth in this Section. It is a violation of this Section to fa,! to produce such documentation to an officer of ~Englewoo d Eli 9csiee ef P eliee a nd 1t s hall also be a violation to be on a route other than as set forth h e rem without sa1d documentation. Section 75. Title 7, Chapter i, Section 6 · EST . .\BL1SH:\1ENT OF FIRE LANES : A. Fire Janes shall be established on private prope rty devoted to public u se where the parking of motor vehicles or other obstruction s may mterfere with the ingress and egress of Elivisie8 ef F fire vehicles for the protection of perso ns and property , s uch as, but not limited to, shopping centers. bowling establishments, theaters. hospitals . schools, churches and other similar locat10n where firefighting apparatus and e quipment cannot be used effectively from public accessways. B . The E>ireeter ef Safe~ SeP iee e C ITY MANAGER OR DESIGNEE s hall establish said fire lanes on premises heretofore set out by filing a pla t of said private premises with the E>e11aff1Be8t ef P11elte li"erli s &8e 1th the E>w,0108 ef P elte e ef IN the City , specifically designating thereon the width a nd route of s uch fire lanes as shall be essential for the nece ssary mgress . egress a nd movement of fire equipment and apparatus within a nd upon said private p r e mi ses . Sa,e 11lat altal,I eeM the Elate ef a1111re al ef the E>treeter ef Safer, Ser ,ees . C. Upon filing the approval plat designating the nece sa ry fir e la ne a nd widths thereon with the E>e11af't1Be8t ef P11elte Werlie &81i tlte E>1 10108 ef Peltee C ITY , as provided herein. the E>ireeter ef Safe~ SeP9ceee C ITY :\1A:'>1A GER or hi s des,gnee shall forthwith deliver a copy of the same to the ow ne r . operator . tena nt or le see m possession of said private property with written noti ce, and ord e r to proceed to make and post said fire lanes in conformance with the Ma nual and Spec1ficat10ns of the State Department of Highways . Within forty -five (45) days after n otice , or such a dditional time as not to exceed forty-five ( 45 ) a ddit1onal days . the owne r . operator, tenant or Jessee in possess ion shall co mplete the necessary m arkmg and s igning as require d herein . D . Failure of the owner, operator. tenant or lessee in po ssession to comply with the requirement as set out in subsection C hereof s hall be co n s idered to be a v10lat1on of this Code and may subject the owner, operator, tenant or lessee in possession to the pe nalties prescribed in the Englewood Municipa l Code . E . The owner. operator, tenant or lessee in possession may appeal the orde r of the E>ireeter ef Safety Sep,, iees CITY l\1ANAGER as provided m this Article . F . Appeals . When 1t 1s claimed that the provisions of this Article do n ot a pply m the manner m which the E>ireeter efSafety Sep iees CITY MANAGER determines, or when it is claimed that the true in tent and meaning of this Article have been miscons trued or wrongly interpreted by the E>ireeter sf Safety SePYieee C ITY MANAGER. any owner of property aggrieved thereby may appeal from the decis ion of the E>ireeter sf Safe~ SeP-4ees CITY MANAGER OR DESIGNEE to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed , which Board s hall review the decision of the Elireeter ef Safe~ SePYiees CITY MANAGER and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and 40 • ) I • 0 • • -• .. • .,,. .. • i·il'-· • -' Appeals s hall ha Ye the powers granted to the Dif'eeter ef Safety SeR 1ees CITY MANAGER by this Articl e . Sectjon 76. Title . Ch apter I. Section 4, Englewood ~1uni cipa l Co de 19 5. is he reby amended by del etin g the entir e Section -t . as follows: DP1SION OF BUILDING .\XD SAFETY .\DMl:>::JSTR.\TIO>; CODE 8 1 I: CREATIO:>I OF DP1SIO;,J OF 8UILD1>JC .'.>J:D S.'.-."'ETY : A. Di. isieR Estalilishes. I. There sha.H lie Bfll! ie hereli) estal!lishes mitftffl the DeiianmeRt ef P>tl!lie Werks a Di. isieR ef 81til1H.Hg BR!! Safety . 2. The Di .. isieR eha.ll lie asmi8ieteres Ii~ the Chief B..tlsiRg Offieial 8JlJlBi8tes liy the Cit~· Ma8ager i8 aeeerl!aRee with the C8f'eer Se ... iee iire, isie8B eeetai8el! ie Title a ef this M >18ieiiial Case 881! , heee JlB ers 888 S>tties are hereiflaft.er se§8el!. The Chief B>ttlaieg Offieial shall lie Et>ta!Hies l!y es>1eatieR a8Ei,ler e.1Jlerieeee te til e le ,els estali li shes ia the BJlJlPB"el! jail seseriiitiea fer the iiesitiea . a. The Ci~ Ha8ager ehall ae emiiev eres te BJlJlBi8t 8eJl>1tiea ef the Ch-ief B1ulaiag Ofaeial i8 tlte e"e8t ehhe Chief B1tilai8g Offieial'a aaee8ee , 8i saliility er !H a 8ees fer assista8te te ea..., e>1t !He f>1Retie8s. The seii-..ties sha.H lie • eete8 with a>1eh a>ttherit) a a the Chief B .. ilai8g Offieial lawf>tlly iiessesses . B. I8e8tifieatie8 ef Divisie8 Emiileyees. Eaeh emiile~ ee ef tllis Di 1isie8 shall lie JlPB. i8el! a~ tile Cit, .. ith 88 ise8tifieatieR e8f'S lieari.8g a iiheklgrBJlfl ef the emiileyee 881! 11Hermatie8 reEjltif'el! liy the Cftief 8>1il8tng Offiei&l. s .. eh ise91,j,fjeatie8 ear8 s l!all alee liear tile a>1therit) gra8tel! herei8. S-..eh ear8 eha.H lie earrie8 Ii:· the iieree 8 se nie8tiae8 888 el!all lie >1sea .. he8 8eeessary te JlPSJlerly iae8t~ tl!emsel. ea v•h1le iierfermi8g effie1al ~ Section 77. Title 8, Chapter I. Section 5 · GE!\'ERAL POWERS AND DC TIES . Englewoo d Municipal Code 198 5 , is here by a mended a s foll ows : Ac The Di, isie8 ef 8-..ilai8g 888 Safety CHIEF BULDI!\G OFFICIAL s h a ll adminis ter and enforce the Englewood Building and Safety Code . BR!! all ether SP!HR88e es 888 ee8ee wktel! may hereafter lie aaeigRel! te the Di,isie8 fer eefereeme 8t !188 aami8ietratie8. There 8f'e hereli:· .. estea te the Di ,•ieiee the 8>1t1e a ef enfere18g 888 a8mieisterieg the E8gle .. eea 8>tilai8g 888 Saiet) Ce8e 888 all Jle ers 8eee ssar~ fer s >1eh e8fereeme8t. 8 . The Chief 8>1tlai8g Offi.eial sha.H ma8age the eiieratie8 ef the ai. isie8 ef 8-..ilaiHg 881! ~ C. 18 ejleetere , teeh8ieia8e, aeeieta8te 888 ether emii le) eee a s reEj>tirea 888 s>1theri~e8 i8 the BR8>tal li-..aget, shall lie a11iiei8tea BRa aeeigRea ta the DiYisie8 i8 aeeer8a8ee ith the iire .. isie8s ehhe eareer se ... iees r-..les as ee8tai8ea i8 Title a ef this M>t8ieiiial Case . IHBJleeters shall hsYe s-..el-t a-..tl-terit, as the Cftief 8>1ilaieg Ofaeial lawf-...H) 11essesses iH earryi8g e-..t their assigRea 8>ttiea . -ti • • ) I • 0 • • • • ,..-. • • • ' ~ Reee ra s . The Chie f B1ulii1Rg Offie1el s hall lB!HftlBtR r eeer aa ef a1313 I,e,1t 1e Rs fe r 13erems . 13er1Bits iseHe ii , eertifie,ues e f eee H13e.ee), lft BJ!een s Rs eRii tR ea ugau e Rs . e11 11l-t e1Ht e Re fer lieeeBe s , 1-te e e sea issHeii . fees eeUeetea aRii ethe r 1rtferfBBllBR that 1118) ee r ett HH eii . H ell!i h e s kall make s uek r e11erte te the Oif'e ete r e f P11lil1e "'e rk _ eRa tke E>11"eeteP ef l!iafe tJ l!ier 1ees ee Re e rfliftg tk e aeuo1uea e ftke 01 1s1eR ... ,e letct e ft s eftke ERgle, eetl BHt.llirng a11a l;afety Celie . BRli Bli ek etke r matters a s me:· Il e r e ttHlf'ea . E. PHl!lie ltta1i eet1 e R Reee rel B. Ceeeral file reeeriis ef lite E>1v1 s1BR aheH lie BJ!e R fe r J!Heli e 1Rs11eetcteR 8Ht may eet Il e reme veli. 611ee1Be tR ea ugatt e R r eeerii s e R tR!ii· ,a "a.I eases a Rei lieeRae BJ!J!Heatie9B B.Pe 11et e11e9 te tke J!Hel-te e.1ee11t e)· tke aiJ"eelleR ef tke Cit) He Rag er er e rlier ef tke CeHf't. F .. '.\ttherit) te l9BJ!eet. The Ck1ef BHtlliiRg Offieial a.Rii kt.a a Hthe !'i;je ii age 9ts s kall have the BHtkerity te ifts11eet Br eaHse te lie lft BJ!eeteli fer eem11lia9ee "llh the eRgle .. eea B1iil1HBg BRli l!iafety Celie. all li1ulii19ga. s tf'HetHres . 11re m1 see e r "tt±iuea mhiR the C it)·. C . Right ef ERtP). Whe Rever Reee ss ery te mak e BR tR BJ!eette ft te e nferee BR) e f the 11re 1a1e11 s ef thie Celie. er • heRe ,er the Ch1ef B 11.tl!HRg Offie1el er aR aHther1i!eli re11reseRtati,e he s 11relielile eeHee te eelie,e that th ere e .u s t e tR BR)' e...JliiHg e r >1J!BR !IRJ 11rem1 ses BR/ ee REiiti e R e r Celie .teletieR kl eh meh es a 11 eh e 111lli1Rg e r f.)re1111ae s 11R sefe . lie9gereHe , er hai!arlie11s , the Chief BllilEiiBg Offie1al e r 8ft 8Hthe r1i!eli r e 13re se 9tative 1118) e11ter s Heh BHHEii9g e r 11re111ises et aH reaee Ralil e um es te tR BJ!e et the s am e BP t e 13erfer10 8Rj Rlitj im11e eeli ll!38R the ChiefBHileitRg Offie1el li:r lfttB Ceae: jlPB ~el eli . that tf s >teh lillillliftg er 11remi Be s lie e ee\t11ieii . s he/he ah1tH fi .r al 11reBe ftt 11re 11 er er eae Rt1el s eRii r e EjH est e 9tP): 898 if s Heh lillila,i9g e r 11re 111cisea Ile 119eeeH111 ea . _il e'ke s hall fipst m ake a r eese Ralil e e ftel't te leeate the e .\9er er ether 11erse9 s ile.tft@ eilerge e r ee11trel eflh e li>l±lliiRg e r 11re111is es BRli rettwe at e9tf'). If @Heil e 9tf') is r e fll sea , til e C k,e f B11tliil11g Offie1al e r BR a11thePil!eEi. re11reae9tati e s hell he. e reee 11ree t e e e r, r e 111 eli, 11re 1a e a Ii) le t e aee Hr e e 9t~. >'e ew9er er eee1111set e r 8R)' etile r 11 e r sB RB ile tft@ eherge , eare ar ee Rtrel e f an:· e11ilaiflg er 11remiaea eltsH fat! e r 11eglee1 . af.te r 11re J1 e r r e 1111 es1 10 111aa e Ba 11re 1a e a e:· Is ... te 11rem11tly 11er1111t e RtP) there111 ey tile Cltt e f B111le111g Offie1al e r BR t111thePtl!ea r eJt r ese Rteti. e fer the JIHf'!l ese s f 111 s 11 eet1 e 11 e11a e.1a1111Ret1 e R 1!HPBll8Rt t B tkls Ce a e . H . IR·1e s tigatieRB 898 6111" e) e . I11ei1ie11w te 8ft) e f these 8Hlt es u11a 13 0 e r s. eHt .er1th e Ht limitetiBR ef s ame , the Gklef Blliliiffl@ Of.lieu~! s ilell eeRa11et 1R ee t1g e t1 0 11 s e11ii s 11, .. eys t e aetermifte ee11111liaJ1ee er 11e11eem11l.ta9ee .ericlt the 11re 1s 1e Rs s f the 1!;11gle ee li BHila.i9 g &Ra l!iafety Ceae &Ra altaH 19 eatigete e r ee11se te lie iR. estigetea aH eee1ae11ts 11 e rtai81Rg te li...JEiiflgs , s tr11et11Pe e, 11re10i se s e r 11ttliues fer tile !!llf'llB Be e f a e eerl1tu11Rg wh eth e r the Pe EjHH"e m e ftlB e f tile E;9gl e eea B111l1ii8@ 8ftli l!iafety Ce a e he e eee R ·q e latea . I . Tk e C rn e f BHilEiiR@ Offie1el er 89)' e 11111l e, ee ehergea umh th e e Rfe re e m e Rt e f thi s C e li e , iR tlte Ei,jseltarge e flheif' effie1el 8Ht1e e. s hell RBt thereliy r e Rli e r tltemse l,.e s lieille 11 e r sB Rllllr &Rii is heree) rehe · ea {rem eH 11 e rae Ral lieetlity fer BR)' aemege that may aeerH e ts 11 e rBB RB er 11re11 e rt)' a s a re s 11ll ef BR)' eet rett111rea. BP BJ reasB 9 e f BRJ set BP em1 ss 1e R. 111 tlte aieeharge af their ElHti ee. AR, BHit lireHght ageiR s t tile Chie f BlliliilRg Ofiie1el er e 111iile) ee eeee11 ae e f a11eh set er emiesieR tR cit e e9fereemeRt e f aR:' 11r e isieRa e f thi s C e lie s hall Il e ae feRaea e, the begal E>e11artmeRt e fth e C it_ 11Rt1I te rm1RetteR ef t h e J1reeeeii111g s . Section 78. Title 8 , Chapter l , Section i · ALTER NATE MATERIAL A:-.ID '.\1ETH0DS , E n glewoo d '.\1umcipal Co de 1985, is hereby amended as follows : 42 • I • 0 • • • /' . • • .. • - A. The provt ion s of the Englewood Builrung and Safety Code a re not intended to prevent the u e of a ny matenal or method not specifically prescribed by the Code . provided any alternate or modification to the Code has been app rove d and its u se authorized by the Chief Butlding Official. B. The Cluef Builrung Official may approve a ny alternate matenal or method. provided that the proposed design . use . or operation 1s satisfactory and co mplies with the intent of this Code and that the matenal. method of work performed. or operation is , for the purpose intended . at least the eq uivalent of that prescnbed in this Code in quality, strength. effectweness , fire resistance , durability , safety and sanitation. C. The Chief Building Official shall rcqutre that s ufficient evidence of compliance with the provisions and mtent of this Code be provided when alternate materials or methods are intended to be utilized. When new technologies, processes . products. materials and/or uses present techrucal problems which the~ staff is not trained to adequately evaluate, the Cruef Butldmg Official m ay require the tests be conducted to substantiate compliance with the mtent and provisions of this Code . Such evidence shall be prepared by qualified engineers, s pecialists. laboratory or fire.safety organizations, or other approved agencies acceptable to the Chief Bwlding Official and shall be pro,.ided at the expense of the person requesting approval of the alternate material or method . D . All details of any action granting modification of this Code shall be recorde d and entered into official records of the 9i¥tl!left CITY . Section 79 . Title 8 , Chapter I. Section 9 · UNLAWFUL ACTS. Englewood Municipal Code 1985 . is hereby amended as follows : It shall be unlawful for any person to do or cause to be done , or perform or cause to be performed any act contrary to or in-violation of any of the provisions of this Code or any other code. ordinance, rule or regulation promulgated thereunder ... lueh is eftfereee BR& semiRisteree II~ the 9iol'isis11 sf 81Hieiftg snli Safe'¥ sf the 9e11artment sf P111!lte Wsrks , sf the 9e11al'tme11t sf Cs1111111111ity 9e els11111e11t 8ft!i the 9e11artmet1t sf eek'¥ Ser"Rees . It shall lie ttBls, f.lti: INCLUDING THE FOLLOWING : A . Alternate Methods, Materials and Equipment. For any person to u se any method , material or equipment as an alternate to the methods , materials or e quipme nt permitted by this Code without first having obtained a pproval in the manne r provided . B. Licensing. To excavate, erect. construct, enlarge. remodel, alter. repair, move, improve, remove, convert or demolish any building. s tructure or utility m the City without first obtaining a license or certificate in accordance with the provts1ons of this Code. C . Licensee and Certificate Holder Responsibility. For any licensee or ce rtificate holder to commit any violation of the responsibilities as enumerated elsewhere in this Code. 43 • ) I • 0 ·] • • • ,. • • -.. D. Drawing and Specifications. To make application for a permit without first haVJ ng s ubmitted drawings and specifications as required by provisions of t hi s Code . E . Permits. To excavate, erect. construct. enlarge . remodel. alt er . r epair. move . improve, remove , convert or demolish any building. structure or utility in the City without fir st obtaining a permit in accordance with the proVJsio n s of this Code . F . Certificate of Occupancy . For any person to occupy any building or struct ure without first having obtained a certificate of occ upancy as required by the provisions of this Code. The Chief Building Official may issue a temporary certificate of occupancy . G. Unsafe Buildings . For any perso n to maintain or permit to be maintained, a ny building, structure or utility when s uch building, structure or utility is unsafe m accordance with the provisions ofthis Co de. These r eqU1rements sh a ll a pply to buildings, structures or utilities now existing, under construction or being demolished . H . Wrecking. To sell or to advertise fo r sale used building materials at the site of wrecking operations I. Burning of Wa ste Matenal. For a ny co ntractor to burn pa per , refuse, wast e or other materials at the s ite of a ny wrecking or building operations without first having obtained the required permit as provided fo r in this Co de. J . Excavation and Fill Materials . For any person to a llow any excavation to be left open , or any fill material to be piled on site. for a period in excess of suet y (60) day s . The Chief Butlding Official may extend this period if nece ssary due t o unus ua l conditions . Sectjon 80 . Title 8 , Chapter 2B . Sect1on 2. SPECIFI C MODIFI CATIO NS TO ADOPTED CO DE . Paragraph J , Englew ood Municipal Code 1985 . is he reby amended as follows : J . Section 902 .l , add a second paragraph as follow s: Applications for pe rmits t o construct commercia.l in cm er ator s must be a pproved by the State of Co lorado, the Tri-County Health De p a rtment a nd the i!:Rgle 888 fii e Qepe-eRt CITY OF ENGLEWOOD prior to co nstructi on . Sectjon 81. Title 8 , Chapter 2F, Section 2 -SPECIFIC MODIFICATIONS TO ADOPTED CODE , Englewood Municipal Co de 2985 , is hereby amended as follows : The following s pecific changes, modification s and amendments are her e by made m the provisions of the Uniform Code for the Abatement of Dangerous building, 1994 Edition, hereinabove adopted: G . Replace chapter 9 with the following : Section 901 -Notice of Cost . When any costs are incurred by the City in causing the repair or demolition of any building done pursuant to the provisions of section iO 1.3 of this Code , the City Manager shall cause a statement to be prepared ~ 44 • I • 0 • • .,.. . • • -.. Dit-eeter ef FiBe11.ee showing the whole cost of r e pair to. or de molrnon of. a.ny building, plus fifteen perce nt (15 %) for adm1ms traove cos t s. a nd uch s t a t e ment shall be mailed to the property owner(s ) with 1ns truct1 ons that said state me nt w1ll be paid m full plus co sts , withrn tlurty days of srud matlrng . Section 902 · As sessme nt. If. after t h1rty da ys from uch ma ilrng date . t he full amount of s uch statement is not paid. the City :\ta nager shall mfo rm City Co uncil of such fact, and the Council shall thereupon e nact an ord i n a nce assessm g t he whole amount of such statement. plus an additi on al t en perce nt (1 0%) of s uch amount, against the lots or tracts of r ealty to wruch su ch state ment s hall pertam . Upon final passage of such ordinance . a co py the r eof s ha ll be sent t o e ach person having a record interest in any realty upon wruch an a ssessme nt 1s m a de. a nd~ Direet,er efFi11.a11.ee shall eertii:, s uch a ssessme nts SHALL BE CERTIFIED to the County Treasurer who s hall coll ect such asse s me nts m the sa me manner a s ad valorem taxes are collected . Section 903 · Lien Assessment . All s uch assess me nts s hall co ns titute. fr om the effective date of the assessing ordinance. a perpetual lien in the seve ral am ounts assessed against each lot or tract of land, and s hall have pri ority ove r a ll li e ns excepting general tax liens and prior special a sses sme nts . No d elays . mista kes . errors. or irregularities in any act or proceeding authorized herem s hall prejudice or invalidate any final assessment: but the same may be rem edied by sub sequent amendments , acts or proceedings, as the ca se may require. Wh e n so remedied . the s ame shall take effect as of the date of the original act or proceeding. Section 904 · Other Remedies . The amount of any unpaid charge . plus all pe nalt1 e added thereto, shall constitute a debt due the City . The City Attorney shall . a t the direction of the City Manager, institute civil suit in the name of the City to r ecov e r such charges and penalties. Such remedy shall be cumulative with all other remedies, including prosecution in Municipal Court for each and every vi olati on of this chapter. Section 82. Title 8, Chapter 3A , Section 3. PER:\1IT REQ UIREMENTS. Englewoo d Municipal Code 1985 , is hereby amended a s follow s : A. Construction and Maintenance. l. No private r es ide ntial wi mmmg pool s hall be con struct ed without fi r t obtaining a construction pe rmit therefor from the Eli 11s 1e11 s f 8111iEii11g e11Ei ~CITY. Application for permit s hall be made by t he co ntractor who 1 to perform the construction work or by the property own e r . tf the prope rty owner is to perform the work . The applicat10n s hall he acco mp a ru ed by duplicate sets of plans , s pecifications and plot plans of the pr o perty . Th e pl ot plan shall show the accurate location of the proposed sw1mmmg poo l on the property , together with the type and eight of s uch fen cing or e ncl os ure a s may be required by Section 8-3A· 7 hereof. The plans s hall also how the location of existing utilities, the location of propo ed utility co nnec tions. and the location of plumbing appurtenance s s uch a bac k.fl ow prevention devic es and air gaps. 2. No construction permits shall be iss ued hy tile E>1,1s 1s11 ef B~Eii11.g e11.Ei ~ until the plans. s pecifications and pl ot plan have bee n approved by the 45 • ) I • 0 • • • • 1 • •• • -' Tri-County Di s tnct Health De partme n t a nd by the E>ir ee tar Bf l.t>lm es C ITY a nd s uch a pprova l h as be en prope rly ce rtified on the pl a n s . 3. All mate ri a l u sed in the co n struction of private r eside ntial sw immmg poo ls s h a ll be wat erproo f a nd easily cl eaned . Co n struction a nd des ign of said poo ls s h a ll be s u ch t h a t t hey may be so m a mtain ed a nd ope r ated m a clean a nd s arutary co ndition at a ll t im es. The owne r s of every privat e reside n tial s wimming poo l s hall be r es pon sible t o ma mtai n each poo l in such co ndition as to prevent break s in the poo l chassis or wa t e r fr om the poo l o,·e rfl ow i n g in to adjacent public or private prope rty. B. Di scharge Sys tem . All private res1d e nual s wi mmmg poo ls co n struct ed with.in t h e Ci ty s hall be provided with one dra m a ge outle t with a ma ximum outlet 1ze of t wo inches (2") and a maximum dia me ter of three m che (3 .. ) wh1 ch 1s a t tach e d t o the s anitary sewe r system or a lawn s prmk.ling syst e m on t he pr e mi ses . Th e disch a r ge of wate r from s u ch s wimming p ools m to a broo k or storm se wer sy s te m s h a ll be permitted only by approval of the pr ope rty Stat e . County a n d 1ty offic ials as each case requires . The Qtreef>Br Bf l:t>tiues BP hts e e118rt1B e11t&I e1BJ1I B, ee !TY s h a ll inspect the premis e s on which s uch a poo l 1s pl a nned to be co n stru ct ed m order to de termine the proper place a nd t ype of co nnection with the d r a m age yste m p n or to the issuance of a n y con s truction permit. App r o,·al s h all not be gwe n to disch a rge water from a s wimming poo l at t h e curb or u po n t he surface of a ny s tree t . Section 83 . Title 8, Ch a pter 38 , Section .J • PLANS A'.\1) SPE C IFI CATIO~S . En gle wood Municipal Code 1985, is amende d a s foll ows: It s hall be necessary to s ubmit to the J:>e111H t1Beet af CBIBIBIHH~ Qe , el e111Beet. tll e J:>e11&P1;meet af P1,1elie Warlis , tlle Utilities E>e11&rtmeet C ITY OF ENGLEWOOD a nd the Tri-County Dis trict Health Department de t aile d plans and s pec ifi ca tion s be fore a n y public or se mi-public s w1mmmg poo l is installe d . co ns tructed , modifi e d , r e mode led , e xtende d or e nlarge d . Be fore s uch work 1s co mmence d. s uch pla n s and s pec tfi cat1 on s s hall be a pprove d , in writmg, by tlle J:>e111trtmeet ef P1,1elie "'erli s , Camm1,1e1l'., Qe ela11meet the~ J:>e1111rtmeet THE CITY OF ENGLEWOOD a nd the Tri-Co unty Di s trict Health De partment with re s pec t to the layo ut a nd arrange m e nt of all areas a nd the m a t e ri a ls to be u sed in con s truction of the s w1mmmg pool. bathing a reas a nd associated e qUJpm e nt. Section 84. Title 8 , C h a p ter 4 , Secti on 1 ·. iUM ERI CAL SYSTEM FOR NUM BERl :-.IG , Englewood Murucipal Code 19 5, 1s h e r eby a me nde d as follow s: The nume rical system of num be nng hou es a nd bui..ldin gs is he r e by a d opted . One hundred (100) numbe r s s h a ll be assigned to each block , or m the ca se of a n y unplatted te rritory , to each one -e ighth (l/8) of a m ile runnmg nort h a nd south a nd on e -sixtee nth (1 /16 ) of a m ile , runrung e a st a nd west . A. B . All s treets runrung north a nd so uth s hall be numbe red so uthe rly co mme n cm g at Ya le Ave nue at number 2i00 ; a nd all s treets runrung east a nd wes t s h all be numbe r e d each from Broa dw ay as zero a nd west fr om Broadw ay as zero. Whil e one hundred (100) numbers a re a llotted to e a ch bloc k , the divis ion of numbers to the frontage thereof s h a ll be one number to each twe lv e a nd on e -half 46 • I • 0 • • • • .. • - feet (12 1/2') or other aliquot p a rt of a lot or block frontage . As to the s treets running north a nd so uth , even number s hall be on t h e east s ide of t he str eet a nd odd numbers on the west side of the str eet. As to the str eets runni n g east a nd wes t , the even numbe r s s hall be on the so uth s ide of the str eet a nd odd numbers on the north s ide . C . In order to preserve the general uniformity of numbering t hrough out the City , 1t s hall be the res pon sibility for the De11ertmeet ef Cemm11e1t, De ·ele11me,n CITY to establish proper numbering for all buildings a nd premises wi thin the City . Sectjon 85. Title 8 , Chapter 4, Section 2 -OWNER'S DUTY TO N1..1.tBER. Engle woo d Murucipal Code 1985, is hereby amended as follows : It 1s he reby ma de the duty of every ow n er a nd occ u pant of every bwldmg, a nd t h e agents of all s uch owners, upon all s treets and avenues of the City upon which a system of numbering has been adopted, and in which official numbers have been provi de d by the City , to number their said buildings m a cc ordance with s u ch numbe rmg s ys tem . a nd 1t s hall be unlawful for any s uch p e r so n to retain or use . or t o permi t to r emam up on s u ch building, any other number t han the number officially de 1gnated by the City fo r s uch building. It shall be the duty of every owne r or occupa nt of any building , u pon n otice from the De11lll'tmeet ef Cemm111Ht:· DeYele11me11t e r e ey 11eree11 Ele si geeteEI e~ tile Ci ty ~ CITY, to cause the offi cia l number to be p laced on each building ·o ow ned or occ upied by such person . within thirty (3 0) days after receipt of s uch n otice . Failure or refusal to comply with s u ch n otice s hall co n stitute a vio lation of thi Code. Sectjon 86. Title 8 , Chapter 5, Section 1 -MOVING PER:\1JT REQ l'IRED . Englewood Municipal Code 1985, is hereby amended as follows : A. No person s hall p e rform any of the following without first h avmg secure d a movmg permit from the E>i. ieiee ef 8ttillii11g 1111a Sefffy ef the E>e p!l!'tm e et s f P ttelte WeN&, end ee11"8et.eli the E>e11ertmeet ef Cemm111Ht, De ele11me11t: C ITY: I. Move or raise any structure from its foundation . 2. Move any structure to a site within the Ci ty. 3. Move any structure along or acr oss a ny public s treet of t h e City. Sectjon 87. Title 8 , Chapter 5 , Section 2 -APPLICATION . FEES . .\J.'\'D TERM . Englewood Municipal Code 1985 , is h e reby a mende d as follows : A. The form for an application for a mover's permit s h all be furni s h ed by the~ ef 8ttiltittg end Sefety ef.'8e E>epertmeet ef P11elte Werks C ITY and s hall co ntain the following information: 1. Name, address and telephone number of the applicant . 2 . Address of present location of structure. 3 . Address of proposed location to which the s tructure is to be moved . 47 • ) I • 0 ·------------------~--.,--~----------:------1 • -• • • •,. • - ·I. Date and ti.me of proposed movement of structure. 5. Proposed route to be used m movement of structure . 6 . Description and s 12e of the truck and other equipment proposed to be use d ID the movement of the structure . B. A moving permit fee for a structure to be moved to a site within the C ity hall be fifty dollars (S50 .00) and for structures to moved through or out of the C ity shall be twenty five dollars ($25 .00). C. All moving permits shall expire sixty (60) days afte r date of issu a n ce. Section 88. Title 8, Chapter 5, Section 5 -INSPECTIONS REQ UIRED . Engle wood Mumcipal Code 1985, is amended as follows : All structures proposed to be moved into the City s hall be inspected by the DivisieR ef 81tHaiftg 1u1a Sefegy CITY prior to issuance of any pe rmit. Section 89. Title 8 , Chapter 5, Section 6 · GEl'l'ERAL REG ULATIONS, Subsection 2 · STRUCTURES IN COMMERCU.L DISTRICTS AND FOCR OR MORE D\VELLI~G UNITS, Paragraph B, Englewood :Municipal Code 1985, 1s h e reby a mende d as follows : B . Twenty-five (25) copies of the aforementioned apphcauon and plans s hall be submitted to the Pl111111H1g Qi •e1e11 CITY. The Pl111111H1g Qi,·isiet1 C ITY s taff s hall refer copies of the application and plans to all other appropriate agencies and s hall transmit a report to the Planrung Co mmissLO n ba sed on the mforma tion s ubmitted . Sectjon 90, Title 8 , Chapter 5, Section 6 , Subsection 3 · STRL'CTL'.RE MOVED TO ANOTHER JliRISDlCTION , Englewood Muruc1pal Code 1985 . 1 h e re by a mended as follow s: lf a structure 1s proposed to be moved from a s ite ID Engl e wood to a site ID a n othe r jurisdiction. the Qi 1Sie11 ef 81tHaiftg 1111d Safe~ C ITY s hall give wrttte n n otice t o the a pproprtate offictal m the jurisdiction exercising control over the s ite to which the structure 1s to be moved . Such notice shall be giv e n a s soo n a poss ible after the p e rmit 1s issued to IDSure that the timing of the move can be coo rdinated between the two (2) jurisdictions. Section 91. Title 8 , Chapter 5 . Section 7 -PREPARATION FOR MOVING A STRUCTURE . Paragraph B , Englewood Municipal Code 1985, is hereby amended as follow s: B . No structure shall be raised from its foundation in preparation for movmg earlier than forty-eight (48) hours from the approved time of movmg. The Chief 811Hai11g l11epee'8r CITY may , upon show of due cause by the structure mover , issue written approval for an extension of the above time. 48 .. 0 I • 0 ( • • ,. • /• I • -.. Sectjon 92. Title , Chapter 5 , Secti on 8 · SITE '.'vtAINTEKANCE . PROHIBITED CONDITIONS, Paragraph A. Englewood Municipal Co de 19 5. is hereby amended as follows : A. The s tructure mover s hall clean or ca use the clea nin g of the site from which t h e s tructure was taken by re moving all debris. material or eqmpment. Furthe r , said move r s hall fill all hole s and irregularities of the s ite w1thm forty-eight (48) hours after the remova l of the structure . Such s ite cleamng s hall be to the satisfaction of the Ghief 811ildteg Iesjleeter CITY. Section 93, Ti.tie 8, Chapter 5, Section 9 • TIME OF MOVE'.\1.ENT , Englewood Mumcipal Code 1985, is hereby amended as follows : TIME OF MOVEMENT: The time of movement of a structure s h all be appr oved by the Traffie E>i isiee, the Peltee E>i '4eiee aee the Fire E>i. i8ie e CITY . and if the s tructure 1s to be move d ove r a State highway , the ti.me of such m ove s h all be coo rdinated \\'1th the State Department of Transportation. The structure moving permit s hall be co m e null a nd vOJd unless the move is completed within the specified time approved on the p e rm it: p r onded . however, that the Gllief 81til8Hlg Offieie.l CITY may e xtend the time pe riod of the move fo r forty-eight ( 48) hours after consulting with the appropriate agencies w h e n the onginal tl!De for the move is rendered impractical due to inclement weather. s trikes or other ca uses beyo nd the control of the s tructure mover. Section 94, Title 8 , Chapter 5, Section 11 -ADVANCE POSTI NG OF RO C TE , Engle wood Municipal Code 1985, is hereby amended as follows : ADVANCE POSTING OF ROUTE : When it is determined by the Traffie ls81f1.11eert8g DiYieie& CITY that the movement of a s tructure along an approved route would be impeded by vehicles parked within the public right of way , the Traffie l!;e~eeri8g 91 18188 CITY shall post "No Parking"' signs along such rights of way at least forty-eight <-t8 ) hour prior to the moving of the structure . The s tructure mover s hall p ay the cost of p os ting a determined by the Traffie Ee!lffleeriBg E>i"'i8iB8 CITY. The Traffie EegHteert8g E>1 18188 CITY shall notify the State Highway Department of the proposed m ove o n the day the moving permit is issued . Sectjop 95. Title 8, Chapter 5, Section 12 · US E OF STATE HIGHWAY . PRIOR APPROVAL REQUIRED, Englewood Municipal Cod e 1985. is h e r e by amended a follows : It a structure is to be moved from a site m Englewood and the m ove r prop oses to utilize a State highway as part of the route, the Gaee E8iereemeet E>i. is ie8 CITY s hall n otify the State Highway Department of the propos ed move on the day the moving permit is issued . Section 96. Title 8 , Chapter 5. Section 13 · TRAFFIC HAZARD PREVENTIVE MEASURES , Englewood Municipal Code 1985, is hereby a mended as follows: A . If, m the judgment of the Traffie E8gineeriflg E>ivi8iB8 CITY, the moving of a structure may create a traffic hazard . a police escort, or other escort, may be required to be provided by the structure mover for the purpose of regulating traffic along the route oft he move . Where such escort is required, the expense s hall be 49 • .. I • 0 • • -• .. ~ ,,..-- • ,. 7·· .. ,. • -.. borne by the structure mover . The escort shall not have the authority to wa iv e or vary any of the requirements of the permit or applicable sections oft.he Code . B. A flashing red light shall be required at each main co rner of the structure being moved and at the end of any projection thereon when the structure is located within a public right-of-way . Section 97. Title 8 , Chapter 6 , Section 1 · DEMOLITION PERMIT REQUIREMENTS, Englewood Municipal Code 1985, is amended as follow s: A. No structure within the City shall be demolished unless and until a permit therefor has been issued by the E>i 'i8t81'1 ef BttilMl'lg tll'ld St1fe~ ef dte De111H"tftleAt ef Pttillte Werks CITY . B. A separate demolition permit shall be required for each s tructure to be de moli s hed . C. The permit shall be kept on the premises during the demolition, and shown , on demand, to any authorized agent of the City . The permit to demolish single-famil y residential, residential duplex and accessor y structures shall be fifty dollars ($50.00). The permit fee to demoli sh multi -fa mil y and nonresidential structures shall be two hundred dollars ($200 .00). No fe e sh a ll be required of an owner of a single-family dwelling doing work on !us own pre m1 ses or of the owner of a building for which a demolition order has been gw en by the City. D. Demolition permits shall expire sixty (60) days after the date of iss uance . E. A surety bond shall be posed with the City by the person or contractor appl yrng for a demolition permit. Such bond shall be in an amount determined by the Qtef Ehti11b11g Qffieial CITY based on the estimated cost necessary to complete all demolition work and to clean and level the demolition site . Such bond s hall be in an amount not Jess than one thousand dollars ($1 ,000 .00) Section 98. Title 8, Chapter 6 , Section 2 · APPLICATION FOR PERMIT, Englewood Municipal Code 1985, is hereby amended as follows : Persons properly licensed for demolition work can obtain an application for a demolition permit from the E>i. isie11 ef B11i1Eii11g aeEi Safety ef the i::>e11t1Mftlel'lt ef P111ll!e '>'erks . CITY . The application shall contain the following information: A. Name, address and telephone number of the applicant. B. Name , address and telephone number of the owner of the structure to be demolished. C . D. E. Address of the proposed demolition. Starting date and proposed time period during which the demolition would occur. Description of the proposed method of demolition and proposed methods of public protection (dust control , security , etc .). 50 • ' . . . I ) I • 01 I • -· • I ~. • - Section 99. Title 9, Chapter 1, Section 4 · DEFINITIONS, Englewood '.\1urucipal Code 1985, is hereby amended as follows: DEFINITIONS : For the purpose of this Title . the following definitions only are changed : APPROVED : CHIEF BUILDING OFFICIAL: Approval by the 8,ul&iBg Oiv,sisR CITY as a result either of investigations and tests conducted by it or by a pplica tion of accepted principles or tests establi s hed by recognized authorities or in acco rdance with standards established within the Hou sin g Code . lnelw&es Ml' 1111lftSPu1e& &e s 1gnee . THE PERSON DESIGNATED BY THE CI1i" MANAGER WITH THE TITLE CHIEF 8 1.JlLDING OFFICL<\L Sectjon 100, Title 9 , Chapter 38. Section 1 -LOCATION OF WINDOWS , Englewood Municipal Code 1985 , is hereby amended as follows : Windows , s kylights or transparent or translucent panels used for providing natural light or ventilation to any habitable room , shall open directly on a street , court or yard : provided, however, that the Chief Building lns11eet.eP OFFICIAL may approve an indirect means of supplying natural light to habitable rooms without direct openings on the above specified areas if that ventilation as required by Section 9-38-3 is supplied . Section 101. Title 9, Chapter 5 , Section 1 · DEFINITIONS , Englewood Muruc1pal Code 1985, is amended as follows : For the purpose of this Title , the following definitions only are amended to read : CHIEF BUILDING OFFICIAL. CHIEF INSPECTOR, CHIEF BUILDING INSPECTOR or BUILDING OFFICIAL: PERMIT: The Chief 8lltl1Hng Offieiel BP eweh effieePs. ine11eelBP8 , liepwlies end aseisl&n"8 in the Pwl,ue 'WePlis Oe11eft111ent whe me, l!e e11thePi11e& te eaieree e,eeifie pNYieieae ef dlie ~ THE PERSON DESIGNATED BY THE CITY MANAGER W1TH THE TITLE CHIEF BUILDING OFFICIAL A written permit issued by the Chief 81til.&ing lne11eeleP CITY to co nstruct or alter the mobile home park under these rules and regulations. Section 102, Title 9 . Chapter 5, Section 13 · FIRE PROTECTION . Englewood Municipal Code 1985, is hereby amended as follows : A. Litterinc Prohibited . Mobile home areas shall be kept free of litter, rubbish and other flammable materials. SI • ., ) I • 0 • • -• ,,-. • • - B. Fire Extinguishers. Mobile home parks s h all maintain in co nve nie nt places. a pproved by the City E>ef!&l'tllleftt ef Safety Sel">ieee , hand fire extinguis h ers in the ratio of on e to each eight (8) units of mobile homes . Section 103. Title 10 . C h apter 1, Section 3 ·DEFINITIONS.Engle woo d Municipal Code 19 85, 1s h e reby a m e nded a. follo ws: For the purpose of this Title , the follow mg is the onl y ch a nge m Definition s: E>IR~CTOR: The E>ir ee tar ef Ce1118Hltlit¥ E>e elef!111 e 1u . Section 104. Title 10 , Chapter 2 , Section 1 -SUBl\lISSION O F PREL!l\lI NARY PLAT. Englewood Municipal Code 1985, are hereby amended as fo ll ows : The owner of a ny realty required to obtain approval of a s ubd1v1 s 1on plat s hall fi r st prepare a preliminary plat of the propose d s ubdivision . a nd s hall s ubmit to the ~ CITY ten (10) prints of the sa me, together with a written s ubdi v1s 1on application a nd reqUU"ed fees . Up on a pproval of the DiPeet,er CITY , however , a preliminary a nd final plat m ay be s ubmitted simultaneously if the s ubj ect r ealty h as been prev10usly platted and co n sists of less than four (4) lots. Section 105. Title 10, Chapter 2 , Section 4 -REVlEW OF PRELIMINARY PLAT, Paragraph A, Englewood Municipal Code 1985, is h e reby a me nded as follows : A. U pon receipt of the preliminary plat and the vicinity sketch together with the required fees , the lHreet.er CITY s hall s ubmit one or more prints of the pre liminary plat to each of the following for their recomme ndation s in connections therewith: I. The E>ef!ertmeBt ef P11elie "'ark s. a. The E>ef!&l'tmeBt ef Ublitiea. a. The Qef!eAtBeftt efS&fety Sep, ieea. +. I. Urban Drainage and Flood Co ntrol District. e. 2 . All affected utility companies . G. 3. The Colorado State Highway De partme nt . where the r ealty bo rd e r s a State or F ederal hi ghway. +. 4 . Adjacent municipalities, if the realty borde r s or impacts a ny adjacen t municipality . Setd e1eBeiea eh The City, and til pri.ete e1eReiea as may ANY OTHER AGENCY , w1s h1NG to be represented, shall discuss the preliminary plat at a t ec hnical review m eeting held within fifteen (15) days of the receipt of the preliminary plat. Recommendation of the Technical Review Committee will be forwarded to the applicant. The preliminary plat should be amended accordingly prior to s ubmission for Plannmg Commission review . 52 • ) I • 0 ] • • . ~ ·-• '. .. ... • -' 6 Section 106. Title 10 , Chapter 2. SectJon 5 -FINAL PLAT , Introductory Paragraph. Englewood Municipal Code 1985. is her eby amend ed as follows : Upon receipt by the applicant of t he Co mm1 ss10n ·s wntten statement. the app li ca nt s hall , within six (6 ) months thereafter. s ubmi t t.o the Co mmissio n the final plat. together with such accompanying pape r s a nd documents as may be req uired . An addition a l six-(6) month extension may be granted by t he ~ CITY for ca use . The final plat shall reflect the subdivision plat considered at the public hearing a nd as previou s ly approved by the Commission and shall co ntam not less tha n the following i11formation: Section 107. Title 10 , Chapte r 2. Semon 6 -ADDITIO NAL DOCUMENTS TO ACCOMPANY FINAL PLAT, P aragraph C, Englewood Municip al Co de 1985, is her e by amended as follow s: At the time that the applicant s ubmi ts the proposed final plat. 1t shall be accompanied by the following documents, if the same have not previously be e n provided: C. A statement from the Eli!oeeter ef P>il!lte WerJ.e CITY a pprovin g t he profil es of the streets and alleys shown on the preliminary plat. Sectjon 108. Title 10. Chapter 2. Section 8 -FEES, Engl ewood Municipal Code 19 85. is here by amended as follow s : FEES: The Ci" Pla11Ring and Zeei11g Ce111111ieeie11 is he,el!, e111J1e e,eli a111i a>ithel'i~ee t e eeYeet fer eaeil &JIJ1Heatie11 fer e>11!ei <teie11 8 k!Rifer111 fee . the a1110>111t ef whieh ie te Il e APPLICANT SHALL PAY FEES AS determined by City Co uncil te Jl&rtiaY~ eel'Pa, the e.1J1e110e0 &Moe111ia11t >IJ10R the Ce111111isei011 '0 ee110ieeratie11 ehhe aa111e BY RESOL LlT ION . A. Where it is necessary to acqurre right-of-way for Murucipal purposes associated with streets and utilities through purchase or eminent domain , the cost thereof shall be recovered by a dev elopment fee equal to the cost of acquisition. The development fee s hall be applied to the property adj oining the acquisition a nd from which parcel the right-of-wa y was acquired a nd s hall be paid at the time of development or co nstruction by the owner of the prope rty. No fee s h a ll be impose d for right-of-way dedicated to the City . Sectjop 109 . Title 10 , Chapter 3, Sections 1 -P URPOSE AND APPLICABILITY, Englewood Municipal Code 1985. is hereby amended as follows : The purpose of this Chapter is to provide for a proce ss tha t accomplishes the purpose outlined in Section 10-1-1 as it applies to small residentially, commercially and industrially zoned properties. To that end , the provisions m this Chapter may be applied to the subdivision of residentially zoned property mto three (3) or fewer lots or the s ubdivision of commercially or industrially zoned property of one-half (1/2) a cre or le ss ; provided . that no dedication for public right-of-way or other public purpose 1s required . 53 • ' I • 0 • • .. • • - Upon app rov al by the Ott eeter ef Cem mttlli ~ De •eleflmeRt CITY . pre,;ous ly platted lots of one acre or les s may be re s ubdivided without going through either the maJ or or the rum or s ubdivision process. Section 110. Title IO . Chapter 3, Section 2 · SUBMISSION OF :\1INOR SCBDIVISION PRELIMINARY SKETCH , Englewood Municipal Code 1985 , is hereby a mended as follow s: The owner of any realty required to obtam approval of a Minor Subdivision plat s ha ll first prepare a prelimmary sketch of the proposed subdivision. and s hall s ubmit to the ~ CITY five (5) prints of the same , together with a written s ubdivi s ion application a nd the required fees . Section 111. Title IO , Chapter 3 , Section 3 -CONTENTS OF MINOR SUBDIVISIO PRELIMINARY SKETCH , Paragra ph C, Englewood :\1unmpa1 Co de 1985 . is he r eby amended as foll ows: The preliminary sketch s hall contain not les s than the foll owm g mformatton : C. Additional Information. At any time after s ubm1 ss1on of th e :\1in or Subd.J,·1s1o n Preliminary Sketch . the~ CITY may requ1.r e t h e s ubm1 ss10 n of s uch furt her and additional information as may aid in the co n 1d erat1o n of the :\hnor Subdivision Preliminary Sketch. Sectjog 112. Title IO , Chapter 3. Section 4 -REVIEW OF Ml:,.JOR SCBD!VISIO:,.J PRELIMINARY SKETCH , Englewood Municipal Code 1985. is her e by amended as follow s : A. Upon receipt of five (5) copie s of the Minor Subdivision Prelimmary Sketch, together with the required fee s. the ~ CITY BREI tke Pl!IRRJRg St!lff shall review the s ketch. B. Upon co mpletion of consideration of the Minor SubdiV1sion Preliminary Sketch. the ~ CITY may approve the s ketch in concept a nd permit Minor Subdi\"l s10n Final Plat s ubm ittal , may state the co ndit10ns or ch a nge s require d for a pprov a l. or may di sapprove it. After co mpletion of co ns ideration of the Minor S ubdiV1 s1on Preliminary Sketch a nd det e rmination of whether any of the further co ndi tio ns or req uire me nts s hould be imposed . the~ CITY shall present to the appilca nt a written s tatement which s hall state to the applicant whether the ~ CITY has uncondiuonaily approved, conditionally approved or disapproved the prehminary s ketch for final plat submittal. In the event that the ~ CITY co ndit10naily approves the Minor Subdivision Preliminary Sketch , th.t s wntte n s tatement s hall set forth the conditions and requirements to be met by the appilcant and the reasons for the imposition thereof. In the event of a di sapproval of the Minor Subdivision Preliminary Sketch , the written statement of the ~ CITY s hall set forth the r easons therefor, and the applicant may appeal to the Ci t y Pl a nning and Zoning Commission . 54 • I • 0 ----------------------~---~---------~ ... --------------------------- • • • ,. ,,-• • • - Section 113. Title 10 , Chapter 3, Section 5 -Ml. OR SUBDIVISlO:sJ FINAL PL.\T. Englewood Municipal Code 1985 . is hereby amended as follows: Upon receipt by the applicant of the Direeter's CIITS written stat ement. the applicant shall, within a reasonable period of time thereafter. submit to the~ CITY the Min or Subdivision Final Plat, together with such accompanymg pa p e rs a nd documents as may be required . The final plat shall reflect the Minor Subdivision Preliminary Sketch as previously approved by the~ CITY and s hall co nta m n ot less than the following information: A. The name or other designation of the Minor Subdivision and the legal desc ription of the land contained therein. B. A notarized certification and dedication exec uted by the owner or owner s. C. A certificate executed by a registered land s urveyo r certifying that the Min or Subdivision Final Plat represents a survey made by him , that any monumen ts shown thereon actually exist at the locations indicated and that a ll dimensions a nd other details are correct. D. True bearings and distances to the nearest es tablished street lines or offic ial monuments s hall be accurately described on the plat: muru c1 pal. to wn !up . co unty or section lines shall be accurately related to the lin es of the Minor Subdiv1s1on by distances and bearings. E . The boundary lines of the area proposed to be s ubdivided with accurate a ngl es. bearings and distances and the widths of all prese ntly e,usting or dedicated streets intersecting the boundary of the tract. All dim ens10 n s refl ected thereon mu st have been determined by accurate field s urvey wluch mus t balance and clo se within limit ofone in ten thousand (10 ,000). F . All lot lines and other property lme with accurate d1m e ns10 ns in feet and hundredths of a foot with beanng of a ngles to treet and alley lines. Lot dimensions shall clo se to one m ten thousand (1 0 .000). G. Location , widths and where appropriate, names of all ex1 s tmg rights-of-way for streets, alleys, bicycle paths or other public ways a nd all e,usting and proposed easements. either public or private. for utilities. dramage or other purposes, withi n the area proposed for s ubdivision and a t least one hundred fe et ( 100') imm edia t ely adjacent thereto. H. I. J . Flood plain, drainage channels, stream cha nnels . irrigation ditches, and any other significant natural features within the tract, and at least one hundred feet (100 :) immediately adjacent thereto. Existing and proposed sewers , utility mains , culverts or other underground s tructures within the area proposed for subdivision and within at leas t one hundred feet (100') from the boundary Jine s thereo f. Names and addresses of all persons , corporations or other entities having a ny mterest, legal or equitable, in the property proposed to be divided and the names and addresses and signatures of the s ubdivider and Colorado licensed and registered land surveyor who prepared the final plat. 55 • ) .. I • 0 ]- • • • • ,. --· • • -' K. Space for notation of action of the~ CITY and date thereof and s ignatures of t he~ CITY l\lLI\J.\IAGER OR DESIGl\'EE. 811!1 Oireeter ef PYeli.e "'e,ke . Section 114. Title 10 , Chapter 3, Section i · REVIEW OF MINOR SUBDIVISION FINAL PLAT, Englewood Municipal Code 1985, is hereby amended as follow s: u pon receipt of the Minor Subdivision Final Plat. toge ther with the required fee s. the Otreeter 8118 CITY Planning Staff s hall s ubmit o ne or more pnnts of the Minor Subdivision Final Plat to each of the following for their recomme ndations in co nnect10n the r ewith : 8 . C . The De118rt1Be11t ef PYeli.e 'Verks . The De118rt1Be11t ef Utilities . The De118rt1Beet ef 6e{ety SeF ieee . Urban Drainage and Flood Co ntrol. B-, A . &B. All interested gas, electric, telephone and othe r utility co mpa ni es . ~ C . The Co lorado State Highway Department. if the realty borders a State or Federal lughway . Said agencies of the City , together with all private agen cies as may wish to be r e prese n ted . s hall discuss the preliminary design at a Technical Review Meeting h e ld within fifte e n (15) days of the receipt of the Minor Subdivision Final Plat. Section 115. Title 10 , Chapter 3, Section 8 · APPROVING THE MINOR SuBDl\lSIO:-- FINAL PLAT , Englewood Municipal Code 1985, is hereby amended as follow s: A. Ui:,on submission to the~ CITY of a Minor Subdivis ion Final Plat meeting the requirements and condition s of these minor subdivis10n r e gulations , the ~ CITY shall approve, conditionally approve or di sapprove a Minor Subdivision Final Plat within twenty (20) days a fter receiving the Minor Subdivision Final Plat. The basis for the Di,eeter'e CITY'S co nditional a pproval o r di s approval of a Minor Subdivision Final Plat shall be s tated in writing. B. The Oireeter'e CITY'S approval of any Minor Subdivision Final Plat shall be in writing and the Minor Subdivision Final Plat, together with the Oireeter'e CITY'S approval thereof, the due execution of all certificates appearing upon the same. the final plat and all other required documents s hall be recorded with the Clerk and Recorder of the County of Arapahoe by the City Clerk. the expense of which s h all be borne by the applicant and which shall be paid prior to the recording thereof. No approval of any Minor Subdivision Final Plat s hall be effective until the same 1s recorded . Section 116. Title 10 , Chapter 3, Section 9 ·FEES.Englewood Municipal Code 19 85, is hereby amended as follows : 56 • ' . ) I • 0 • • • .. ,. /' . • I• ,•' ... • • The applicant s hall pay fees as determrned by City Co uncil to partially defray the expenses attendant upon the Commission's consideration of the a pplica tion . A schedule of fees is o n file with the Ele11ertme11t ef Cemm1mi~ Ele. ele11me1n CITY. Section 117 . Title 10. Chapter 4 , Sect1on I · PLANNl:-SG PRINCIPLES . Pa ragra ph B : Englewood Municipal Code 1985 , 1s hereby amended as follows : B. The provisions contained in this Chapter are general guidelines a nd standards for preparation of preliminary and fmal plats. Whenever the tract to be subdivided is of such unusual size or shape, or is s urrounded by s uch development or condit10ns that the strict application of the prov1S1o n s of these sections may result in substantial hardships, the Comm1ss1on may vary or modify s uch standard to the end that the subdivision may be developed consistent with public welfare and safety as approved by the Elireeter ef P~elte marks CITY. Section 118. Title 10. Chapter 4 . Sect10n 3 · RAILROAD RIGHTS-OF-WAY . Englewood Municipal Code 1985, is hereby amended as follows : Where a subdivision is adjacent to or adjoms a railroad right-of-way , provi s ion of s pace fo r grade separations, buffer strips and other protective treatment shall be made to the e xtent and type as shall be determined by the Elil'eeter ef P~eli,e 'Verks CITY in coo rclinauon with the railroad. Section 119. Title 10, Chapter 4 . Section 4 , Subsection l · STREET GR.ADES . Englewood Municipal Code 1985, is hereby amended as follow s: A. Unless oth erwise determmed by the EhreeteP ef Ptieli,e "'erke c1n·. s treet grades shall conform m general with the terram a nd should not be le ss than three-tenths of one percent (.3%) nor more than six percent (6%) for arterial and collector streets, and not le ss than three-tenths of one percent (.3%) nor more than ten percent (10%) for local s treets and cul-de-sacs . B. Minimal grades are preferred from fifty feet (50') to one hundred feet (100') away from an intersection. but in no case shall grades exceed four percent (4 %) for a distance less than one hundred feet (I 00') from all rntersections. C . All changes in street grades shall be connected by ve rtical curves of a minimum length of one hundred feet (100') . Section 120. Title 10 . Chapter 4 , Section 4, Subsection 2 · STREET INTERSECTIONS AND CURVES , Englewood Municipal Code 1985, is hereby a mended as follow s: A. B . Intersections. Street intersections shall be at nght angles or nearly so and no point on a curve shall be in the intersection unless unusual circumstances dictate divergence. Radii of Curvature. The minimum radii of curvature of streets, on cent.er lines, s hall be approved by the Ele11ertme11t ef Sefet) Se,.,,ees CITY and shall be: 57 • ' . I • 0 • • • p ---- • ' . .. • - I . Freeways · shall be specifically designated . 2 . Arterial streets · -lOO feet . 3 . Co llector streets · 300 feet . 4 . Local streets · 200 feet. 5 . Cul-de-sacs· 150 feet. .. .. ' C. Reverse Curves. Between reverse c urves on all str eets there sh a ll be a tangent at least one hundred feet (JOO') long . Section 121. Title JO . Chapter -1 , Section -1 , Subsection 3 · CCL-DE-SACS . Englewood Municipal Co de 1985, is hereby amended as follows : The o,·e rall le ngth of a c ul-de-sac or "dead-e nd'' str eet s ho uld not exceed three hundred feet (300') a nd hall be designed with a turnaround of not less than run ety feet (90') m drnmete r of right-of-way at the closed e nd and with curb diameter of not le ss than seve nty feet (iO') unJe otherwise determined by the E>e11art111e11t Bf eak!tJ Se,. iees CITY . Sectjon 122. Title 10 , Chapter -1 . Section 5 (SIDEWALKS). Engl e woo d '.\lun1 c1pal Code 1985 , 1s hereby amended as follows : All sidewalks shall be located as required by the E>tPeetBP Bf Pttel,ie ffBrk a CITY . whose designations as to the setbacks shall be based up on the public safety a nd co n\'e nte n ce . Section 123 . Title 10. Chapter 4. Section 11 · EASE!\IE:--T . Paragraph B. Englewood Municipal Code 1985. is hereby amende d as follows : B. Wh e n e ver any s tream . irrigation ditch or othe r water co urse 1s located in a s ubdivision. the s ubdivided , at hi s expense. shall provide and r eserve easem e nts along s uch streams, ditches and watercourses in s uch widths as approv ed by the E>itoeetBP Bf Pttel!e WBrks CITY for the purpose of widening, improving , protecting and maintaining same and for dramage a nd r ecr eational purposes. The s ubdivided shall submit any data , including plats of profiles and co ntours . designs, calculations, etc., which may assist the E>itoeetBP Bf Pttelie \l'e ,ks CITY in the preparation of any statement required of him regarding drainage conditions in the proposed s ubdi,;sion and any drainage facilities proposed by the s ubdivider to serve the s ubdivision. Sectjon 124. Title 11 , Chapter IA , Section 2 · IMPOUNDMENT OF MOTOR VEHICLES, Englewood Municipal Code 1985, is hereby amended as follows : A vehicle , under any of the circumstances set forth below , is considered to be a n obstruction to traffic or a public nuisance. Any police officer or Co de e nforce ment officer, at the direction of the E>itoeete, Bf eaiet~ eePYiees CITY, is hereby authorized to remove or ca use to be removed , s uch obstruction or nuisance from any public or private way or place whenever such vehicle: 58 • I • 0 - •• • • • • - A. Is left unatte nde d up on any bridge. viaduct . s ubw a y . tunnel. or wh e re such ve tucl e constitutes a n obs tructio n to tra ffi c: B. Is left unatte nded up on a public way , and is so disabled as to co n stitute a n obstruction to traffic, and the perso n in charge of that ve hicl e 1s in ca pacitated by reason of intoxication or physical mjury to the e xte nt a. t o be unable t o pronde fo r its custody or appropriate rem oval: C. Is left unattended and illegally parked upon a str eet or alley , illega ll y parked so as to constitute a hazard or obstruction to the n ormal moYement of t r affic : D. Is left unattended on any public street with the e ngine running. or with t h e keys m the ignition switch or lock : E . Is parke d in violation of a ny traffic ordinance. a nd is a n actua l or potential obstruction or hazard to any lawful function or limits the n orm a l access to a use of any public or private property: F . Is left without an operator. the operator who has been taken into custody by the DeJ!!lftlBeRt ef Safety Serviee s CITY and the vehicle. or m oto r ve hicl e. would , the reby , be left unattended upon a street or highway or r estricted pa rkm g a r ea, or other public right-of-way . G. ls being operated upon the street or other public way of the Ci t y , is a pp a rently unsafe due to the mechanical co ndition or is in such a condition that 1t co uld not be legally operated upon the City streets or other public way ; H. Is being operated upon the streets or other public way by a pe r son without a current and valid operator's or chauffeur's license. or in violation of the restnctton imposed upon their license, or while the perso n ' operator' or chauffe ur's license has been s uspende d . de nied , revoke d , or ca nce le d by the s tate of iss uance a nd t he re is no licensed driver present and ca pable to ope r ate the ve hi cle ; I. Is found to be parked unattended on any public way m v10lauon of the r e gi t ra tton requirements of the State of Colo rado. or h as n o v1s 1bl e re gi trauon num be r plate attached . Section 125. Title 11 , Chapter U . Sect10n 4 · DISPO ITION OF "l\CL.\.IMED IMPOUNDED VEHICLES , Engle woo d Municip a l Code 19 85, 1 a me nded as fo ll ows: Whenever a vehicle has been impounded in accordance with prov 1s10 n s of this Article and no claim of ownership or right to po ssession ha bee n made , or , if m a de . h as n ot bee n established to the satisfaction of the DtPeeteP ef Safety Sel'\ ieee CITY or Hearing Offi cer and no suit or action to determine such claim has been m s tituted and pending, the ~ ef S&fet;y Sel'\ ieee CITY may dispose of s uch vehicle by the following means: ,\, The DiPeeter ef Safety Sep, ieee CITY shall cause notice to be given to all persons known by the DiPeeter ef Safety Sep, ieee CITY to claim an interest in the vehicle , within thirty (30) days after impoundment of the vehicle . This notice s hall be personally delivered . or sent by registered or certified mail, to the last known address of the business or home of the person t o be notifi ed. If not otherwise known ~ D1PeeteP ef Safe" SeP, ieee . the identify of such person s will be 59 • I • 0 • • c. • ,,-. • . . • • obtained from the Motor Vehicle Divi sio n of the state in which such vehicle is licensed or registered. The notic e will contain : I. An itemized statement of the amount of money due for remova l a nd storage of the vehicle as of the date of notice, and the cost of storage per day for continued storage; 2. A description of the vehicle to include . but not be limited to , the VIN number and the state license/registration ; 3. A demand that the amount due, as stated in the notice, a nd all adctit 10 nal claims that should accrue , must be paid in full . and the right of possessio n of the vehicle shall be established to the satisfaction of the E>ireeteP af Safeiy eet'Yieee CITY; 4. A statement that unless the amo unt of the towing and storage due is paid , and the right to possession of the ve hicle is establis hed to the satisfaction of t he Chief ef Peliee CITY within fifteen (15) days after r eceipt ofthis notice . the vehicle will be cti s posed of by public auction or otherwise. as determ ined by the l)ifoeeleP ef Safet~ Sep, iee e CITY . The E>it eet.eP ef Safe~ Sep, ieee CITY , either in acco rda nce with the term s of the notice set forth in the prececting subpa ragra ph A. or without givrng any notice if no person claunmg any interest is known to the E>iPeeteP ef Safe~ Se ... sieee CITY afte r diligent search , will declare the vehicle abandoned and s hall immectiately thereafter transmit to the City ·s purchas ing offi ce r the cu stody of s uch vehicle . together with a transcript of information and proceectings co nce rnmg the ve lucle . The City's purchasmg officer may then ctispose of the velucle e ither by: I. Public auction; 2. Sealed bid ; 3 . Or, when in the best judgment of the purchasing office r . a ny bids are ctisadvantageous to the City, no bids are receive d. or the vehicle may better be cti s posed of in other ways , the purchasing office r may dispose of the vehicle to the best advantage of the City, for exa mpl e: a . Exchange for payment due to the towmg agency for tow a nd stor age fee : b . Appropriate the vehicle to the City for use as a City-ow ned ve hicl e ; ca use a ll costs of towing and storage to be paid : a nd have the vehicle registration and ownership transferred to the City : c. Conversion to scrap metal. All s uch dispositions listed here under s ubparagraph B s hall terminate the City from any further re s ponsibility or duty to further retain or store the ve hicl e . Wh en dis posi tion is by public auction, the pl ace of sale s hall be the loc ation where the vehicle is stored or impounded . However, if s uch location is pate ntly unsuitable for that purpose , the vehicle will be transported to a more s uita bl e place designated by the City's purchas ing officer . The Ci t y's purchasing office r s hall 60 • ) I • 0 • • • ... • -.. publish at least once . but preferably more often , in the local offici a l newspaper , a notice of the sale , wluch shall contain the following: I. Description of the vehicle to be sold ; 2. Statement of when and where the sale will take pl ace. The sale will be held not less than fifte en (15) days from the date oftlus noti ce . D. The City's purchasing officer shall pay the amounts due for towing and storage of the velucle. the reasonable expense for the notice or advertisement. a nd any auction fees, from the proceeds of the sa le . The balance of the proceeds , i.f any , will be paid mto the City Treas ury General Fund . E . When any vehicle is offered for sale at auction or sealed bid pursua nt to the te rm s of tlus Section , the City's purchasing officer may announce the total a mount of charges or expenses of notice . advertisement and sale, and decl a re that all bids must be in excess of his total amount. If no bids are received in excess oftlu s t otal amount. the vehicle shall be declared sold to the City for the a mount oft he charges: likewise, if any vehicle is offered for sale at auction pursuant to the te rm s of tlus Section and there is no bid for same , the vehicle s hall be declared sold to the City for the amount of the charges. In either event the velucle s hall be place d I.II the custody of the service center. flttlllie werke Eii.·<tsieR . for the ole benefit and use of the City. F . There shall be no fight to redemption or recovery from any sale or othe r di s posmon made pursuant to the terms of tlus Section and, after a vehicle has be en sold or disposed of pursuant to such terms , neither the City , nor any officer , agent or employee thereof shall be liable for a failure to deliver such vehicle to anyone claiming a fight of redemption . Section 126. Title 11 , Chapter lA . Section 5 · DISPOSITION OF IMPO UI\'DED VEHICLES WHEN OWNERSHIP HAS BEEN ESTABLISHED . Englewood Mumcipal Code 1985. is hereby amended as follows : Whenever a vehicle has been impounded in accordance with provisions of this Anicle, and ownership has been established to the satisfaction of the DiPeeler ef eefet~ ee,., iee s CITY or Hearing Officer , or legitimate claim has been made. the owner or claimant will be notified of the location of the vehicle and the owner's or claimant's liability for a ll fee s pending against the vehicle , and the owner's fight to request , within ten (10) days after receipt of this notice , an admirustratlve hearing to determine the legality of the tow . A. :,.lo vehicle will be released from storage or impound until all fee s accrued for towing and storage are paid. B. If the vehicle 1s not claimed within fifteen (15) days after notice has been given to remove the vehicle , the provisions of Section 11-IA-4 of this Article shall apply and the ,·e lude may be disposed of in accordance with the provisions of said Semon 11- 1.-\-4 , Disposition of Unclaimed Impounded Vehicles . 61 • I • 0 • • -• • • - Section 127. Title 11 , Chapter lA. Section 6 -OWNER'S OPPORTUNI TY TO REQ UEST HEARING , Englewood Municipal Code 1985. is hereby amended as follows : A . Whenever a vehicle has been impounded pursuant to the provisions of this Article, the registered owner or other individual having right to possession of the vehicle has the right to request a post-seizure administrative hearing to determine whether there was probable cause to impound said vehicle , if s uch person files a written demand. on forms so provided for such a hearing, with the City E>e11artme11t ef eafet, eePYiees. Such hearing shall be requested within ten ( 10) days after such person has learned said vehicle has been impounded . or within ten (10) days of the postmarked date of sending such notice of impoundment. whichever occurs first. Such notice shall be sent by certified mail to the address of record of the registered owner. B. If the vehicle has been impounded as an abandoned vehicle . the Peliee E>eJ1ffl1BeRt CITY shall follow the requirements set forth at title 42 , article 4. part 16 , Colorado Revised Statutes 1984, as amended, for the purpose of notificat10n of the registered owner of the vehicle's status and the right to request hearing. C. If the vehicle has been impounded for a violation of motor ve hicle registration laws , inspection Jaws , or traffic laws , the De118f'tme11t ef eafet, Se,-1ee s CITY s hall notify the registered owner of !us nght to request a heari ng within forty-eight (48) hours of impoundment, excluding weekends and City holidays. Such noti ce s hall include the following information : D . 1. The address and telephone number the E11gle,,ee!i De11artmeRt ef eafet) eePYieee CITY ; 2. The location of storage of the motor vehicle ; 3. A description of the motor vehicle , which shall include, if available. the make , model , license place number. mileage , and vehicle identification number ; 4 . The reasons for which the motor vehicle was ordered impounded : and 5 . That, in order to obtain a hearing concerning the validity of the impoundme nt. the owner must request such heanng from the City E>e11artme1tt ef Safety eef"Yieee within ten (10) days after the postmarked date appearing on the notice. Failure of the owner to request a hearing within the above time frames , or failure to appear for a scheduled hearing, shall be deemed a waiver of the right to such hearing. Sectjon 128. Title 11 , Chapter lA, Section 7 -REFERRAL TO HEARING OFFICER, Englewood Municipal Code 1985, is hereby amended as follows : A. B. The Hearing Officer shall be designated by the City Manager. Upon receipt by the E>e11a,.,1Beftt sf Saiety eePlo iees CITY of a written request for a hearing, such hearing shall be conducted by the Hearing Officer within forty-eight 62 • 0 I • 0 • • • .. ,. ,,.... • . .. • -' (48) hours , excluding weekends and City h olida ys . unl ess such person r equestmg the hearing waives the right to a speedy hearing. C. The sole issues before the H earing Officer sh a ll be (I ) whether t h ere wa s probable cause to impound the vehicle in quest10n. "Probable cause to impou nd " sh all mean s uch a s tate of facts as would lead a pe r son of ordma ry care a nd prude nce t o believe that there was s ufficient breach of local. State or Federal la w to grant lega l authority for the removal of the ve hicl e: (2) the person re qu esting the hea ring 1s t h e registered owner or other individual havmg right to possess10 n of t he vehicle . Sectjon 129. Title 11. Chapter IA . Sectton 8 · CO l\D CCT OF HEARING . Engle wood Municipal Code 1985. is hereby amended as follows: A. The Hearmg Officer shall co nduct the he a nng m a n mfo rmal manne r and s h all n ot be bound by techmcal rules of evidence . Such h eanng s h a ll be tape recorded . B. The De!lartme11t af Safety Ser·iees CITY s hall ca rry the burde n of estabb s hmg that there wa s probable cause to impound the vehicle in question . C. The Hearing Officer shall only determine that. as to the vehicle m ques tt on . th person requesting the hearing is the registered owne r or othe r 1ndiv1dual h avm g right to possession, and either (1) there was probably ca use to impou nd the ve hi cl e . or (2) there was no such probably ca use. D. E . F . G . At the conclusion of the hearing, the Hearing Office r shall pre pare a wntten decision . A copy of such decision shall be provided to the individual re questmg the hearing and the De!l&Ptme11t af Safety Ser iees CITY . In the event that the Hearing Officer determmes that there wa s no s uch probable cause. the Hea nng Officer shall prepare a '·certificate of no proba bl e ca use··, co pie s of which s h a ll be given to the owner of the vehicle . the E>e!lanme11t af Saret~ Ser '4ees CITY , a nd t h garage storing the vehicle. pon receipt of the owner's copy of s uch ce rtifica t e . the police garage having custody of the vehicle shall re lease the vehicle to its own e r . Upon a finding of no probable cause, t owmg a nd storage fee s shall be paid by the City in accordance with a rrangements made be tw ee n the Ci t y and polic e ga ra ge . If the owner fails to prese nt such certificate to the poli ce garage havmg cu stody of the vehicle within twenty -four (24) hours of its r ecei pt, excluding s uch days whe n the garage is not open for business. the owner s h a ll a ss ume li a bility fo r a ll subsequent storage charges . Such ce rtifi cat e s h a ll in form the owne r of s uch requirement. If the Hearing Officer determines that the impoundment wa s valid a nd 1f the owner does not comply with the appropriate ordinances within t e n {I 0) days of the Hearing Officer's decision and refuses to remove the motor ve hicle by mean s othe r under its own power on a public highway , the CITY OF Englewoo d De!lartme11t af Safe'¥ Se Pl iees shall have reasonable grounds to beli e ve the motor vehicle ha s been abandoned and the provisions of Section 11-lA--I of this Articl e s hall apply and the vehicle may be disposed of in accordance with the provisions of said Section 11-lA· 4, Disposition of Unclaimed Vehicles . 63 • ' • ) I • 0 • • • .. " . .,.. ' • • - H . The Hearing Officer's decision in no way affects any criminal proceeding in co nnectio n with the impound in question, and any crimmal charges involved in s uch proceeding may only be challenged in the a ppropriate co urt. I. The decision of the Hearing Officer is final. Section 130. Title 11. Chapter 2, Section 10 · DISCO UNT: ASSESSMENT ROLL RETURNED . Englewood Municipal Code 1985, is hereby amended as follows: A. Payment may be made to the DiPeeter ef Fi11a11eial 8el'\iees CITY at any time within thirty (30) days after the final publication of the assessmg ordmance and an allowance of five percent (5%) shall be made on all pay m e nts made d urmg such period but not thereafter. 8 . At the expiration of said thirty (30 ) day period, the Direeter ef Fi.11aee1el 8ero1eee CITY shall return the local assessment roll t o the Clerk . therem s h owmg all payments made with the date of each paym ent. Said r oll shall thereafter be ce rtified by the Clerk under the seal of the :\1um ci pality and delivered by the Clerk to the County Treasurer of the same County with the Clerk's warrant for the collection of the same . C. If the DiPeeter ef Fi11a11eial eel'\ieee CITY 1s direc ted by ordinance to collect assessment payments as provided m subsection 11 -2-lOA . in lieu of the proce dure specified in subsection B of this Section, t.he Q1reeter ef Fi.11a11eial Ser. iees CITY may keep the assessment roll numbered for convernent reference in such a manner as to best facilitate the collection and recording of a sess ment payments . Section 131. Title 11 , Chapter 3. Section I · DEFINlTIONS. Englewood Municipal Code 1985. is hereby amended as follow s : The following definition only is deleted from this Secuon : DIRECTQR The DiPeeMr ef P~hlie 11/erlte er Qtreeter s tie eigt1ee Sectjon 132. Title 11, Chapter 3, Section 3 · OBSTR CTIONS AND HARMF U L SUBSTANCES, Paragraph A, Englewood Municipal Code 1985 . 1s hereby amended as follows: A. Materials. Except as otherwise provided in this Co de, it s hall be unlawful for a ny person to obstruct a street, sidewalk or gutter with any debris, lumber, sand. gravel , dirt, abandoned or wrecked automobiles or other material of s ubstance . without first obtaining written permission from the~ CITY. Such permit may be granted only where the obstruction is necessary for the construction. alteration or repair of the adjoining property , and such permitted obstruction s hall be limited to as short a time as is reasonably possible. Each day that such an unlawful obstruction is permitted to exist shall constitute a separate and distinct offense . 64 • ., ) I • 0 ( • • ... • .,-~• • .. • -,,. Section 133. Title 11. Chapter 3. Section -I -ENCROACHME, TS , Paragraph C, Englewood Municipal Code 1985 , is hereby amended as follows : An encroachment into the public right-of-way for the following structures may be granted. provided the following terms and conditions a r e satisfied: C. No e ncroachment under this Section s h a ll be effective until an e n cr oac hment permit a nd inde mnity agreeme nt have been signe d by the property owner requ esting the e ncroachment and reco rded m the office of the Clerk a nd Recorde r of Arapahoe Co unty . Said e ncr oachme nt permit a nd indemnity agreement s ha ll be prepared by the E>ir eeter ef Cemm'llftit) E>e . e le11meftt eftd. 1f me e tiRg aH reEj'IIH emeRtB , a1111re· ea lly eim er e e r a Rd t e e E>ireeter ef PHllli e W e rks CITY . The e n cr oachme nt permit a nd indemmty agreem e nt s h a ll co nta in the legal description of the property ow ned ab utting the public right-of-way to be e n cr oach ed , the purpose of the e n croac hme nt. t h at t h e e ncroac hme nt permit a nd indemnity agreem e nt is a revoca bl e license. revocable by City Co uncil at will. a nd that t h e prope rty ow n e r or lus or her heirs a nd assigns s h all remove s aid s tructure within thirty (30) days after notice of revocation : t h at the property ow ne r is estopped to deny the right of the City to revoke the e n cr oac hme nt agreement, and that the property owner agrees to r eimburse a nd indemnify the City fo r a ll exp e n ses of revoking the agreement or r e m oving t h e e n cr oac hment. The prope r ty owner reques ting the e ncroachment s h a ll pay all r eason a ble expe n ses of pre parmg a nd r ecording the encroachment pe rmit a nd indemnity agreeme nt. Section 134. Title 11 , Chapter 3A , Section 1 -E NFORCEMENT AND INSPECTI O~S. Englewood Municipal Code 19 85 , is a mended as follows: It s hall be the duty of the~ CITY to see that the provision s of this Article a re e nforced , and for such purpose be s hall have the right to make inspections at a n y t im e , to reject any work or materials which ar e defective or do not conform with the requirements of this Code. Section 135 . Title 11 , Ch apter 3A, Section 2 -PERMIT REQ UIRED , PERMIT FEES, Paragraph A , Englewood Munmpal Code 1985 , is hereby amended as foilows : A. It s hall be unlawful fo r a ny person to co n struct any s idewalk, curb , gutter. curb cut or driveway witlun the City limits without first obtaining a permit therefor from the~ C ITY . Such permits will be iss ued only to regularly licensed a nd bonded co ncr ete co ntractors who post with the City e ach year a performance bond effective for two (2) year s in the a mount of five thousand cl ollars ($5 ,000 .00) unless the total value of the concrete co ns truction for the calendar year s h all e xceed five thousand dollars ($5 .000 .00) in aggregate , then the total bond s hall be ten thousand dollars ($10 ,000 .00 ); or to a homeowner for the prope rty in which he ow n s and resides . The permit s hall expire ninety (90) days after the day of issuance. Section 136, Title 11 Chapter 3A , Section 3 -SURVEY REQ UIRED , Englewood Municipal Code 1985 , is hereby amended as follows: No permit for the installation of any sidewalk, curb, gutter , curb cut or drive way s h a ll be issued until the applicant has presented to the~ CITY a ce rtificate of s urvey by a 65 • ' " .. ) I • 0 - • • -• • ~ /'"' • .. . • -' registered e ngineer or regist ered s urvey or establis hi ng the grade a nd location of the proposed co nstruction and showing that it conforms with the grades a nd types set forth in the official street and alley profile maps which are kept on file in t he CITY offices ~ ~; provided , howeve r , that this may not be req uired wh e n the necessary information is avail a bl e in the CITY offices ef tlte E>ifoeeter . Section 137. Title 11 , Chapte r 3A , Section 4 · STANDARDS , Englewood i\>lunicipal Code 1985. is hereby ame nded as follow s: Sidewalks. driveways , curbs and gutters s hall be constructed in accordance wi t h t he detai ls shown on the plans submitted. Any sidewalks that a re to be co nstructed ove r basement a reas projecting out into the confines of s treets s ha ll have detailed p la ns of co ns truction s ubmitted to the Pifoeeter CITY and his approval sec ured befo r e work is star ted. Sidewalks mus t have a minimum thickness of four inches (4"). Driveways must ha ve a n aver age minimum thickness of six inches (6") and must be constructed for the full width of the driveway from the back of the curb or back edge of sidewalk or co mbin ation curb , gutter a nd s idewalk to the property line . No ribbon driveways will be pe rmitted within the co nfines of public rights of way. The~ CITY shall have a uthority to all ow m inor deviations from the standards herein required . Appeal fr om a ny decision of the ~ CITY pertaining to this Section may be ma de to the Boa rd of Adj ustme nt a nd App eals. Section 138. Title 11. Chapter 3A. Section 5 · GRADES . Englewood ~vlunicip a l Code 19 5 , 1s he r eby a me nded as follow s: Wh e n curbing is in place at proposed sidewalk site. the grade fr om the top of the curb back to the edge of the sidewalk shall rise at a rate of not less th a n one-fo urth inch pe r foot (1/,i"/1 '). The rate of any rise in excess of this s hall be a pproved by the Difoeet,ep CITY before co ns tructi on is co mmenced . Sidewalk prope r shall s lope to wa rd t h e curb at the r ate of one-fo urth mch per foot (1/,'/l ') of width . G r ound between back ed ge of s id ewa lk a nd the property line s hall also slop e toward the curb at the ra t e of a pproximate ly one -fourth inch per foo t (If.''/!'). A grade s urvey shall be secured from the elliee ef the~ CITY before work is undertaken. which shall establis h the co rrect elevau on fo r t he back edge of the sidewalk . Such grade s urvey will not be furni she d in co nnect.Io n with 1 s uance of permit fo r co ns truction of s idewalks but mu s t be requested se parate ly . Section 139. Title 11 , Chapter 3A, Section 6 · STA. DARO SPE I Fl CALLY SET , Englewood Municipal Code 1985, is her e by a me nde d as fo ll ows : A. B. Curb Cuts. At curb cuts , the co ntracto r s ha ll remove so much of the curb a nd gutter as is necessary to permit prope r co n stru ctio n of the driveway entra nce a nd maintenance of the gutter . Downspout Drainage . Downs pouts a nd othe r drainage fl owing into str eets mu st be ca rried under sidewalks and pa rkin gs in suitab le pipes a nd discharged through t h e curbing into the gutter. Such pipes sha ll not be less than fo ur inches (4") in diameter. Other me thods of ca rry ing water aero s 1dewalks and pa rkings must be approved in advance by the~ CITY . C. Contractor to Set Mark. All s idewalks. curbs , gutter s and driveways shall have the name of the contractor a nd year of co nstruction impressed therein, using block 66 • 'I 0 I • 0 • • -• ~ ,/' ~ • .. . ... • - letters one mch (I ") high and three-eighth mch (3/8") deep . One 1mpress1on s hall be made m each driveway. lmpre s1ons s hall be made m sid ewalks . curbs and gutters at each end of co nstructio n or at one hundred foot (100') mtervaJs a nd at each extension to curbm g. 0. Traffic Control Devi ces . At the time appllcat1on 1s made for permit to co nstruct sidewalks , services walks and dnveway . the Traffi c Engineer shall be a dnse d of any traffic co ntrol dences or street 1gns t hat may be affected by the prop ose d construction. a nd n o s uch devices or s ign s hall be re moved or reloca t ed until approval of the Traffic Engineer I secured . Th e cost of a ny relocatio n shall be paid by the contractor. E . Power Line P ole s . Wh e neve r powe r lln e poles are located withm limits of proposed construction, the e{eee ef the Qipeeter CITY s haJJ be so advised at the tim e application is made for permit. Arrangeme nts will then be made fo r re locating such poles outside the area to be concreted tf re loca ti on is feasible. Co ncr ete s hall not be placed at pole locations until such poles have been moved or the ~ CITY has advised the contractor that it ts satisfactory to procee d without movm g the pole s. F . .Trees. \'Vhen trees are located within the area to be concreted , a nd t he ~ CITY has approved s uch trees being left in place. a n ope n s pace eig htee n mche (18") wide shall be left around each tree. It will not be necessary t o leave such open s pace between a tree and the edge of a walk extending along only one side of a tree . G. Water Stop Boxes. Water stop boxes located within area to be co ncreted sha ll be adjusted by the contractor to be flush with the surface of the fini s hed co ncrete . Section 140, Title 11 , Chapter 3A, Section i -BARRI CADES AND LIGHTS . Englewood Municipal Code 1985 . is hereby amended a s follows: The cc ntractor shall provide and maintain proper barrica de s a nd lights a t all co nstruction locations until such time as concrete is ready to be ope ned to use. If the BtPeeleP CJTI' does not co nsider s uch barricades and lights proper or sufficient, the co ntractor will be advi sed a nd requested to correct the situation promptly. Mamtenance of proper barrica de s a nd lights s haJI in no manner relieve the contr actor of liability for iniuries t o persons or damage to property incurred as a res ult of the construction . Lights shall be lit before dusk and shall re main lighted until after daylight the next morning. Sectjon 141. Title 11 , Chapter 38, Section 2 -SIDEWALKS AND SERVICE WALKS WIDTH AND LOCATION , Paragraph A, Englewood Municipal Co de 1985, is hereby a me nd ed as foll ows: A Sidewalks in residential areas s hall in general co nform to existing walks in the same block or district. Sidewalks set back away from curbs shall be not le ss than four feet (4') m width unless otherwise approved by the 9it"eeteP CITY. Sectjon 142, Title 11. Chapter 38, Section 4 -CONSTRUCTION MATERIALS , Paragraph C, Englewood Municipal Code 1985 , is hereby amended as follows : 67 ., . ) I • 0 • • • ' . . ,,_. .. • • -.. C. Fine Aggregate. Fine aggregate s hall consist of natural sand or of sand prepared from stone . blast-furnace slag or gravel. It shall be free from lumps of clay, alkali. soft or flaky materials and injurious amounts of organic impurities. When s ubiected to the colorimetric test for organic impurities and producing a co lor darker than the standard, it s hall not be u sed without approval from the~ CITY . Fine aggregate shall be graded from coarse to fine a nd when tested by means of laboratory sieves s hall conform to the following r equirements : Sieve Size 318 mch No . 4 No . 16 No . 50 No . 100 Percentage Passing 100 95 to 100 45 to 80 10 to 30 2 to 10 Section 143. Title 11 , Chapter 38. Section 4 · CONSTRUCT I01 MATERIALS . Paragraph E , Englewood Municipal Co de 1985 , is h e reby amended a s follows : E. Air-Entraining Admixture . Gnless air-entraining Portland ce me nt 1s u s ed . a n air-entraining admixture conforming to A.S .S.H .O . Des ign ation M-154 . h all be added. Such admixture shall produce a total e ntrained a ir conte nt m the concrete as determined by the "Tentative '.\1 ethod of Test for Air Content of Freshly Mixe d Cement" A.S .T .M. Designation: C-173 , or by othe r recognized method of test approved by the~ CITY . Addition of the admixture to the co ncr ete shall be by a precise method . Section 144. Title 11 , Chapter 38. Section 5 -CONSTRUCTION '.\IETHODS . P a r agrap h 5 . Englewood Municipal Code 1985, 1s here by a me nded as fo ll ow : A. Grading. The contractor s hall do all necessary gradmg, e ither e xcavating or filling . required to permit construction of the s idewalk. curb , gutter, service walk o r driveway to the required grade . The s ubgrade s hall be firm . co mpact and of uniform density . Fills shall be made m hfts of not to e xceed SLX inches (6 "), each lift to be thoroughly compacted to the satisfaction of the ~ C ITY before n ext lift is made . Embankment shall be constructed to a width two feet (2') greater than the width of the walk or driveway to be constructed. All soft or spongy material, tree roots and vegetable matter s hall be removed from the s ubgrade and replaced with s uitable material placed in layers not exceeding six inches (6") in thickness. each layer being thoroughly compacted before next laye r is placed . Excess material s hall be removed from the s ite . Section 146. Title 11 , Chapter 38, Section 6 -CONCRETE SPECIFICATIONS, Englewood Municipal Code 1985 , is hereby amended as follows : A . Mixing Cement. I. Mixing at Site. An approved type of batch mixer shall be used for concrete mixed at the site of the work . It shall not be loaded to more than its rated ca pacity. Mixers shall be replaced when they become worn down too much for 68 • ) I • 0 - • -• • • - satisfactory re s ults . All of the materials for each batch of concrete, including water, s hall be mixed not less than one a nd one-half (I 1/2) minutes after all of the materials are in the mixer, which shall r evo lve at the speed for which it is de signated, but not less than fourteen (14) nor more than twenty (2 0) r .p .m. 2. Central Mixed Concrete. Central-mixed. s hrink-mixed or transit-mixed concrete s hall be mixed and transported to the s ite of the work in acco rd a nce with "Standard Specifications for Ready-Mixed Concrete" A.A.S.H.O. Designation: Ll\<l-157 , with the following restrictions: Concrete must be delivered and discharged from the truck mixer or ag1tato r truck within a penod of one hour after introduction of the water to the ceme nt and aggregates or of the cement to aggregate. Deli,·e ry tickets s h all have this time clearly shown thereo n . a nd the contractor sha ll check the same to be ce rtain that delivery is made within s pecified period . Th e delive ry ti cket hall also specify the amount of cement and air-entramment. Concrete s hall be delivered in truck mixers or ag1tator truck (truck s pr ovidrng mechanical agitation by revolving drums or revolving blades m s tation ary drum) operated after time required for thorough m1xm g of the concr e t e at th e s peed de signated by the manufacturer as agitating s peed . De liv e ry of ce ntral-mixed co ncrete shall not be made tn nonag1t.atmg equipme nt w1th out securing the prior written approval of the~ c1 n · oi the type of eqwpme nt to be used and me thod of ope r ation . 3. Retempertng of Concrete. Retempering of concrete whi ch ha parually hardened . by remixmg, with or W1thout water. will not b p rm1tt d . B. Con istency of Slump. Concrete shall have a s lump of not l s than wo in ches C2") or more than four mches (4") when tested in accordance with " tandard ~l ethod of Slump Test for Consistency Portland Cement Concrete" A.A. H.O . Des ign ation : C . T -119 . The s lump shall be kept as small as possible and still ec ure s uit.abl e workability . Placing Concrete . Before concrete is placed , the ubgrade s hall be tho roughly s pnnkled but not to such an extent as to ca use a muddy co ndmon or pool of water. All concrete shall be deposited in place in s uch ma nn er a s to secure as nearly as possible a monolithic walk or driveway without Jm nts except as s pecified . nd er no circumstances s hall it be deposited on a muddy subgrade or m water . It shall not be placed in freezing weather or at such a time that it may be s ubiected to fr eezin g soo n after being deposited , except with the written permi ss ion of the~ CITY , and then only under proper conditions satisfacto ry to the~ CITY . Formed surfaces which are to be exposed to view after removal of the forms s hall have the concrete well s paded against the forms so as to brmg the morta r again st the form and avoid honeycombing or exposure of coarse aggregate. After thorough consolidation the concrete shall conform to the specified thickness. Any eV1 dence of lack of consolidation shall be regarded as sufficient reaso n for requiring the removal of the section involved and its replacement with new co ncrete . The contractor shall be responsible for any defects in the quality a nd ap pearance of all completed work . D. Finishing. All concrete walks , curbs, gutters and driveways shall be given a wood float or light broom finish satisfactory to the Dtree"8P CITY . Upo n r equest, the 69 • • ) I • 0 • • • ,,-. • I • .. • - ~ CITY will advise co ntractors where walks or dri,·eways with acce ptable fimsh may be inspected to determme what firush wtll be required . No dustmg or topping of the s urface , or sp rinkling with water , to facilitate finishing will be permitted. E . Curing. As soo n as co ncrete s urfaces ha,·e been firu hed and before the set of the cement has taken place, the concrete s hall be cured by the application of a n impervious membrane curmg compound containmg a wh1te pigment which will clearly show that the s urface has been properly coa ted and -ealed. Apphcat10n shall be made at the rate of approximately on e gallon per two hundred fifty (250) square feet. The impervious membrane material s hall be "Hunt Process Wlute Pigmented" or equal. The use of other methods of cunng s h all be approved by the ~ CITY before the concrete is placed . Section 146 . Title 11 , Chapter 3B. Section 8 · FILLI~G PACES AT CL'.RB. Engle woo d Municipal Code 1985, is hereby amended as follows : A. In cases where the space between a curb !me a n d setback sid e walk in a res 1d e nt1 al di stnct is less than eighteen inches (18") m width up on application . the~ CITY may issue a permit for uch s paces to be filled with co n c re t e of the s pecifications and under the require me nt of tlu s Article . The Ci ty Council m ay . on its own m otio n , order any s uch tnp to be co n s tructed or r epaired a provided in Section ll-3B-I hereof. B . In cases where the space between a curb line a nd a setback s id ewalk m a residential district 1s eighteen inches (18") or more m w idth the owner or occ upant of the abutting property may , at lus own op ti on , fill s u ch s pace with co arse gravel , crushed stone or similar matenal , to a depth of not le ss than two in ch es (2"), s uch material to be approved by the~ CITY , and the maximum s iz e of which will pass through a standard one inch (I ") sc r ee n . Such material s hall be co ntinually maintained by the owner or occupant in a plane with the top of the curb and the s urface of the s idewalk . Sectjon 147. Title 11 , Chapter 3B, Section 9 · CONTRACTOR'S GUARANTEE . Englewood Municipal Code 1985, 1s hereby amended as follows : The co ntractor s hall guarantee in writing concrete walks and driveway for a period of t wo (2) years after co mpletion against defective workmans rup and mate ri als , a nd s hall keep the same in good order and repair. The determination of the necessity dunng uch gua rantee period for the contractor to repair or replace said walks and dnveways , or a ny portion thereof, shall rest entirely with the~ CITY, whose declSlon upon the matte r s hall be final and obligatory upon the contractor. Sectjon 148 . Title 11 , Chapter 3B. Section IO· PENALTY FOR DEFECTl\'E WORK Englewood :Vlunicipal Code 1985, is hereby a mended as follows: In addition to or in lieu of the other remedies or penaltie provided , tf a co ntractor fails to co mply with the requirements of this Article relating to co ncrete work , additional permits for sidewalks, curbs. gutters , service walks and drive way will be withheld by the~ C ITY until assurance is received that there will be compliance with these regulations . 70 • I • 0 ] • • • • • ,,-. • :., .. • -.. ' Sectjon 149. Title 11 , Chapter 3C, Section I PERMIT REQ UIRED). Engle woo d :Vlunicipal Code 1985, is hereby amended as follows : It s hall be unlawful for any person to dig up , open. excavate or to cause to be dug up. opened or excavated. any public s tree t , alley or public propeny , or any party thereof. without first securing a permit therefor from the effiee efthe ~ CITY . Such permit shall be kept at the site of the excavation while the work is in progress a nd it s hall be exhibited upon request to any police officer or representative of the Ci t y. Section 150. Title 11 , Chapter 3C, Section 3 · PERMIT FEES. Pa ragraph B . Englewoo d Muruc1pal Code 1985, is hereby amended as follows : B. Applicant may file with the ~writte n evide nce of a co ntract betwee n each applicant and a reputable paving firm s howing that s uch firm will finally res urface all excavation according to City s pecifi ca tions after h a ving bee n properly back.filled by the permittee. A charge of SLX dollars ($6 .00) s hall be made fo r each u ch p e rm it issued. A two-dollar ($2.00) billing fee s hall be charge d for each mdiv1dual statement requested . Sectjon 151. Title 11 , Chapter 3C. Secuon ~·CONDITIONS OF PER:\IIT, Engle w oo d Municipal Code 1985 , is h e reby amended as follow s: A. All permits shall be issued according to the provisions of tins Article and s hall be in effect for a period not longer than thtny (30) days from the date of issuance. All work performed as authonzed by permit shall be subject to such rules. directions and regulations as the DiPee"8P CITY may establish as necessary to provi de for the proper care. protection and maintenance of all streets, alleys and public places. Each such permit shall be conditioned that all work done thereunder s h a ll be only such work as is s pecified in the permit , and shall pro~;de that the perm1ttee s h all be liable for maintenance of the cut for one year from the date of issuance of the permit. A se parate permit shall be issued for each excavation project. An excavation permit shall not be requtred for work on s idewalks . curbs, gutters or driveways if s uch work is done in accordance with the terms oft he other applicable provisions of this Ch apter. 8 . No permit s hall be issued to any person who is in current violation of the prov1s 10n s of this Article , or any other provision of this Code or any rule or r egulation of the City . Section 152. Title 11 , Chapter 3C, Section 5 · INSPECTION , Englewood :vtunicipal Code 1985, is hereby amended as follows : The~ CITY shall inspect and test all excavation work to determine whether it is done in accordance with the terms and conditions of the permit issued therefor and any other rules and regulations of the City . If the excavation made 1s larger than that authorized under the permit, the pennittee shall be billed for the additional amount owing. If improper or unauthonzed methods have been employed in opening or clo s ing the excavation or the work is not completed satisfactorily , the permittee will be given a reasonable time not exceeding thirty (30) days to correct any and all deficiencies. If s uch 71 • ' ~ ' ' I • 0 ] • • -• ,, -· • • - deficiencies are not corrected within the prescribed time . the Cit y s hall make s uch corrections and the permittee s hall pay the actual costs thereof plus a penalty of fifty percent (5 0%) of the amount thereof. Sectjon 153. Tit.le 11 , Chapter 4 , Section 1 -DEFll\'lTIONS, Engle wood :l.1unicipal Code 1985, is hereby amended as follows: For the purpose of this Chapter, the following terms. phrases. words and the ir derivations shall have the meanings given herein. DIRECTOR: The DweeteP sf PYehe "'e•ife sf the Cit, sf Eagle eeEI , Bflfl8tBteEI ey the Ci~ Meaeger the Pe sf, SP ea~ J!ePS8B ta .. hem he hae ElelegeteEI the eYthePity gpeateEI ey taia CeEle , SP ea, emeaEHBeBt herete PARK: Any area used as a park. reservation. playground. beach . or any other open a rea in the City, owned or used by the City a nd devoted or designated t o active or passive recreation. either on a temporary or permanent basis . Section 154, Title 11 ; Chapter 4 , Section 2 -AUTHORITY TO GOVERN, Englewood Municipal Code 1985, is hereby amended as follows: In order to have the parks AND RECREATION FACILITIES of this City used to the fullest extent consistent with an orderly use, there is hereby delegated to the I)ireeteP C ITY MANAGER, or his desiguee, the authority to adopt and promulgate s uch rules a nd regulations, governing behavior and conduct of persons within the parkS ru\/D RECREATION FACILITIES as he deems necessary . Without in any manner limiting the foregoing authority, the~ CITY may designate the days and hours during which any park OR RECREATION FACILITY shall be open to the public a nd may des ignate at any time any section or part of any park OR RECREATION FA C ILITY to be closed to the public for any interval of time, either temporarily or a t regular and s tated intervals a nd post signs to such effect . Section 155, Title 11 , Chapter 4 , Section 3 -VIOLATION OF RUL ES AND REGULATIONS, Englewood Municipal Code 1985 , is hereby amended as follows : A. It shall be unlawful for any person to fail or refuse to obey any lawful order or rules a nd regulations of the City Manager or ltie-designee or the ins tructions of any sign posted by him unless otherwise directed by a police offic e r . B . Should any person fail to observe and obey any such rules or regulations of the City , the City Manager, or ltie designee, may immediately remove any such person and may ban such person from the use of any park and its facilities for s uch penod of time as may be necessary to secure compliance with such rules, regulations and posted signs. 72 • ., I • 0 - • • -· • • - C. Any person removed or banned from use of t he park O R RE CREATIO N facilities may , within five (5) d ays from the date of the City Manager's OR DESIG NEE'S action . a ppeal t he C ity Ma n ager 's OR DESIGNEE'S action s to the Ci t y Counc.t.l by filing with the Ci t y Cle rk a n a pp eal in wntin g, se ttmg fo rth the bas is of s uch ap peal. The C ity Co uncil s h a ll , a t t h e next regul arly sch e duled Co uncil meeun g.-<>r as soo n as is reasonably po ssible thereafter. s u stam or ove rrule t h e City '.\t a nage r ' OR DESI GNE E'S actions. which decis ion s h a ll be final. Section 156. Title 11. Ch apter -t . Secti on -t-2. APPLI CATI ON FOR PERMIT. E n glewoo d Municipal Cod e 19 85, is h e r eby a m e nde d as follows : A pe r son seeking issuance of a pe rmit or reservation he re unde r s h all fil e a n applicati on with the BJlJlPeJlriete EleJJet't111eet CI TY . The a pplication s hall s tate : A. The name a nd ad dress of the ap plica nt. B . The name a nd a ddress of the pe r so n . pe r so n s. co rporation or associa tion s ponso ri ng the activit y , if a ny. C. Th e date and h ours fo r wluch t he pe rmH. is deslJ'ed . Section 157. Title 11 , Ch apter -t , Section 5 -DEPARTl\IE , T RE S PO NS IBILITY. Englewoo d Murucipal Co d e 19 85, is he reby a me nd ed as fo ll ows: The City Manager OR DESIGNEE s hall Ele ei~ete the BJlJlPeJJPiete Jl e r se e s le iss ue permits a llowed by Englewood Municipal Co de . Seetiees 11 I a eeEl 11+-t. Sectjop 158. Title 11 , Chapter 5, Section 2 -DEFI1'.1TIO NS , Engle wood Municipal Cod e 1985, is amended as follows : For the purposes of this Ch a pter, the following t e rm s , phrases , word s a nd the ir derivati on s a r e de leted: CITY FORESTE&: The City F s rest e r e f the C it~ sf Eegle'I'. eeel , Ce lereEl e . Section 159 . Title 11 , Ch a pter 5, Section 3 -OFFI CE OF C ITY FORESTER CREATED ; JURISDICTION, Englewood Municipal Code 1985 , 1s he re by de leted : OFFICE OF CITY FORESTER C&EATEE>: There ie hereliy ee4;alilieheel ,•1itme the E>eJJert111eet s f Plllilie We rke ie the eel111iftci etreti. e eel'\ iee ef the Cit, the effiee ef the City Fereeter . The City Fereeter s hell he llReier the geRerftl e1111e., ieieR ef the E>weeloer ef the E>eJJ11Pl111e11t ef Plllilie Werke . The City Fere eter effiee ehftll lie filled either hy (a) a1111eitlt111e11t lly the City Ma11ager lllleier the j!re. ieieRe ef eeeiiB11 lia llftiele 1q1 ef t.he Cit, Chart-er aad Title a GhaJJter l ef the M11BcieiJJal CeEle , e r ~) aa -a1111eilltee af \he City Ce1111eil Jl11Pe11a11t te a11 agPee111e11t fer ee p,.·ieee ,·ith ether laeal 19.ePR1Be11tal 11aite . Shellld said effiee lie filled 11, 8JlJJei11tme11t 11, the Cit, CellRetJ . p11Pe11aat te aa agpeemeat fer aePYieea , said City Fereeter s hall ha e i11 li:ite 111a&Rer the 73 I • 0 • • • , . ., .... • • eicel11si .. e jlH'iseietieR a.Re a1113ePYisieR sf all trees a.Re ether 13laRts a.Re i:'1'9.Sses il'PB .. iRg iR 131191ie 13laeee as hereiRafter set fePlh. (Ore. 19 Series 198:l: amEI . OrEl . li:l Series 1999) Section 160. Title 11 , Chapter 5, Section 4 · AUTHORITY OF CITY FORESTER, Englewood Municipal Code 1985 . is hereby deleted : l l 0 I: AUTHORITY OF CITY FORESTER: The City Ferester shall ha e the felle.,,iRg ree13eRsi8ilities. a11thsnties a.REI JlS" er: A. P1181ie Pre13erty. The Cit) Ferester shall ha,e j11PiseietieR a.REI s1113er·,isieR B"eP all trees, ether 13laRtB a.REI i:'1'9.BBeB gre iBg ift 131191ie 13laees. The City Ferester shall ha .. e the 13e er te 13rem~gate r11les , Peg;lilatieBe a.REI s13eeifieatieRB fer tPimmiRg . 3f!P8) iRg , reme RBI:, 13htRtiRg, 13r11niHg a.REI 13reteetieR sf 13laRtB 1113eR 131181ie JlPBJleFt). Me er she may rile.Rt. trim. Sf!P8), 13reeepo e a.BEi reme e trees, ether 13laRte a.He grasses. er srEler that the s ame 8e eeRe , iR 13118lie 13laees te iHBIH'e aafet), iirese,., e the B) mmetP) aRe eee11ty s f a11eh 13laees . 13re, eRt the s13reae sf iiiseases. i.Bseets. ete. l . The City Fsrester, BP EiesigRee , shall ha .. e the a11thsr1t, a Re 1t s hall 8e iM B e r her e11t) t.e Breer the Bf!P8) iBg , trifflmiRg, 13reeepo atieR er reme al sf !-Pee s er i;ilaRtB IIJl BR JlPI. ate 13re13eriy 'hheR he er she shall BREI s11eh aetieR Reee BB!I P)' te i;i119he aafel), health Br .,elf!lre . er te 13re. eBt the s13reae sf iiisease er iReeele te ether trees !IBe 13leees . a. The Cit) Ferester ma) eRter 11130ft BB) 13remieee mithe11t • arraRt te iRe13eet all .. eee13tles er trees. legs . aMll8B a.Be ether 13l11Ble mithiB the limits ef tke Ciey , • ketker s11eh trees , legs , BM118B er 13laBte are fer sale er Bet. U13eB iiieee er1Rg 9.B) 1Rfeetie11e iRseets er iiieeases har9eree 1thiB s 11eh eee131le , trees , legs. 0ar11hs ar 111.eRtB, er tke e.listeRee sf elm .. see, the Cit) Ferester skall Ill eRee BBtil', the B • Rer Br !IB 11geRt ef the J!Pemises here1111eR 1he Bame tB leeatee ef tke eeReitieR fB11Re aREI _hall iiireet s11eh B, Rer er 11geRt 8) Betiee M re111ee) e11eh eeRiiitieee i111111eeiatel, er !It a time as EletermiRee h) the City Ferester. a. Preeee1tre fer ise11aRee ef a11eh eetiee. tlJ!J!€8I rights a.REI remeiiies 1113eR eeReem13liaRee are ea set e11t iR SeetieR ll ii G. C . lss 11aeee ef Permite &Re bieeReee . I . The City Ferester shall he.Ye the a11therity te J!PBIB~g!lte r11les !188 reg1tlatieBe regaretng ataeearee ef •l.'erkmaRehi11 11ee the A 11ermit ma) he reE111iree 8Y the Cit~ Fereeter fer the 11laRtiRg , remeYal er 111aiRteRaBee 1113ee 1311hlie areas . Detatlee iflfermatieR may 8e reEj1tiree 8) the Cit) Ferester 1113eB reeei13t ef 9.R 1113131ieatieR for a permit. Section 161. Title 11, Chapter 5, Section 6 -PRESERVATION AND REMOVAL PROCEDURES, Englewood Municipal Code 1985, is hereby amended as follows : When the Ci!y Fereeter CITY s hall find it necessary to order the trimming. s praying. preservation or removal of trees or plants upon public or private property , as authorized in this Chapter. he shall ee,.,e a wntten order to correct the condition SHALL BE SERVED 74 • I • 0 - • • ,. --. • .. • -' upon the owner, operator. occ upant, other person responsible or upon the property where the condition exists. A. Method of SeTV1ce . The order required herein shall be se rved in one of the followrng ways in orde r of preference: l. By making personal delivery of the order to the person respons ible : 2. By leavrng the or der w1th so me person of s uitable age a nd di scretion up on the premises. 3. By affixing a copy of the order to the door at the entrance to the premises m violation: 4 . By mailing a copy of the order to the last known address of the owner of the premises by register ed or ce rtified matl . return re ce ipt requested ; 5 . By publishmg a copy oft he order in a local paper once a we e k fo r t hree (3) successive weeks . B. Time for Compliance . The order required herein s hall se t forth a time limit fo r compliance of not le ss than twenty four (24) hour s a nd not more than forty fiv e (45) days , as the City~ deems appropriate . C. Appeal from Order. Any person to whom an order her eu nder is directed may appeal. in writing, to the Qweetar af P11elie "'arlis CITY w1thin seventy t wo (72 ) hours of the service of s uch an order. Emergency notices , as set out in subsection F . are excluded from this procedure . The appeal shall co ntain the appe llant' name and address. the deci sion berng appealed and a brief exp la nation of why the appellant s hould not be required to comply with the ord er appealed . The Qweetar af P111!lte li'erlis CITY l\1ANAGER OR DES1G1'."EE promptly hall meet informally w1th the appellant to exchange necessary information and s hall issue a dec1s10n in wnting to the appellant at his address stated m the appeal. u nless the ord er 1 revoked o r moduied , 1t s hall rema.m m full force a nd be obeyed by the person to whom direc ted . D. E. Failure to Comply . When the person to whom the order is directed s haJJ fail t o comply withrn the specified time , the City~ s hall remedy the co ndition or contract with others for s uch purpose and charge the cos t , plus fifteen perce nt (15 %) for admimstrative fees . to the person to whom the order is directed . The person remedying a condition under a contract made hereunder sh a ll be a uthor1zed to enter premises for that purpose . Fatlure to co mply also co nstitutes a Mumc1pal ordinance violation, for which the v10lator may be cited a nd s ummoned into Municipal Court and , if conV1cted , pumshed according to Chapter 4, Title I of thi Code . Special Assessment. If the cost of co mplying with a City~ order to trim , spray , preserve, remove trees or take other appropriate action is not paid within thirty (30) days after receipt of a statement therefor from the City MH'eStel'. s uch cost, plus twenty five percent (25%) of such cost , s hall be levied against the responsible property owner or property upon which said condition exists , as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein 75 ' . •, I • 0 • • • l • .. ,.,.. . • • - .. provided. Such special assessment shall be certified by the Qtt'eeter ef Fi-Baneial SePYieee-EX OFFICIO TREASt.:RER OF THE CITY to the Treasurer of the County of Arapahoe, State of Colorado , and shall thereupon become and be a lien upon such property. shall be included in the next tax bill rendered to the owner or owners thereof unless paid before . and shall be collected in the same manner as other ad valorem taxes against such property are collected . F . Emergency Notice. In the event the City~ finds a condition mvolvmg a tree. shrub or other plant which constitutes an immediate threat to hfe , limb or property, the City~ shall have authority to immediately have caused correction or remedy to such condition at the owners' or agents' expense without administrative fee. If the costs are not paid by owner within th1rty (30 ) days of notice of costs , the City~ shall irutiate procedure for a special assessment as authorized under subsection E of this Section . Sectjon 162. Title 11 , Chapter 5 , Section i -REMOVAL l\lJER SPECIAL IMPROVEMENT DISTRICTS. Englewood Municipal Code 1985 , is hereby amended as follows: In the event the removal of any plant is necessitated by a City paving or sidewalk district. the expense of such removal will be borne by the C1ty , not s ubiect to recovery from the owner or agent of the property unless such plant was planted or placed with written pertrut from the City~ after the effective date of this Chapter. Section 163. Title 11, Chapter 5, Section 8 -PROHIBITED ACTS , CONDITIONS, Englewood Municipal Code 1985 , is hereby amended as follows : A. Public Danger. The City~ shall have the authority to designate unlawful trees or plants and to order the removal of existing trees or plants. where their existence is injurious to the health and safety of citizens or property . B. Prohibited Plantings. Female Cottonwood trees (Populus deltoides), Siberian Elm (I.Jlmus pumila), or Box elder (Acer negundo) are hereby declared to be unlawful to be set out or planted within the City and are subiect to removal except for mature trees more than one inch (l ") in diameter. Abuse or Mutilation of Trees. Unless authorized by the City ~ or property owner, no person shall perform any of the following on any public property within the City or on any other private property not belongmg to that person : 1. Damage, cut, carve, transplant or remove any tree or shrub or injure the bark thereof. 2 . Pick the flowers or seeds of any tree or plant. 3. Attach any rope , wire or other contnvance to any tree or plant. 4 . Dig in or otherwise disturb grass areas , or in any other way mjure or impair the natural beauty or usefulness of any pubhc area. 76 ., 'I ) I • 0 -• I • ,. .. • -.. D. Interference with City~-No person shall in any way interfere or cause any person to interfere with the City Fereeter er hie repreeeRt.ative in or about the performance of hie duties as defined in this Chapter. Section 164, Title 11 , Chapter 6 . Section 2 · PARKING STORAGE REG ULATIONS FOR RESIDENTIAL DISTRICTS. Paragraph C, Subsection 5, Subparagraph b ., of the Englewood Municipal Code 1985. is hereby amended as follows: 11·6·2: PARKING/STORAGE REG ULATIONS FOR RESIDENTIAL DISTRICTS: C. No person shall park or store any vehicle on private property in violation of the following restrictions : 5 . No person shall occupy any vehicle in violation of the foll owing: b. Upon the application of a resident of the City. a special permit may be issued by the Qeplll'lmeRt ef Cemmety Qe ele11meRt CITY for a nonresident joumeymg in a recreational vehicle used for housekeeping purposes and who is visiting at the residence of the applicant, to occupy the tra,el ehiele RECREATIONAL VEHICLE at the applicant's residence for not more than seven (7) days . The special permit shall specify the location of the applicant's property or adjacent right-of-way in which the tra,•el ehiele RECREATIONAL VEHICLE will be parked while occupied. This shall not be deemed to permit the parking or storage of a detached camper, trailer or small trailer in any public street or right-of-way of any street designated as an arterial or collector street. Section 165. Title 12, Chapter 1, Sections 1 ·DEFINITIONS.Englewood Municipal Code 1985, is hereby amended as follows : As used in this Chapter, the following words and definitions only are deleted or amended and all others remain the same: E>IREC1'QR er QIREC1'QR QF U'FILl1'1ES: 1'ee Qireeter ef Uttli~es fer the City ef Ea1le , eeEI er hieiClter Eli,il) a11thePi111eEI re11reeeRt.ative . W,\'l'ER Ql''lSIQl>I. 'IIBEler aREI tere111e whieh tee H'IIBiei11iH watel'\. erke 8) stem ie e11erateEI 11cREler tee El.ireetteR ef the City Ce'llcfteil , City t.taaa11er BREI Qireeter ef Utilities. Section 166, Title 12 , Chapter 1, Section 2 , Englewood Municipal Code 1985, is hereby amended aa follows : RULES AND REGULATIONS; AMENDMENTS: Rules and regulations ehhe Water Qi¥ieiea may be altered, amended or added to from time to time by approval of the City 77 ., . , I • 0 ]- • • -• ~ -· • ,. ....... .. • -.. Council. Such rules and regulations, together with all amendments. s hall be a vailable for inspection at the affiee af the WBter Qi <ieian M CITY DURI NG WORKING Bll reBBB&Blile hours. All WBt,eP Qi ieiafl rules and regulations are intended , designed a nd adopted t o promote the public peace, health and safety, and s hall be in force from a nd after t h e date of their adoption. Sectjop 167. Title 12 , Chapter lA. Section 3 -RIGHTS U NDER LI CENSE . Engle woo d Municipal Co de 1985, is hereby a mended as follow s: Neither the granting of such license nor a ny act, circumstan ce or co n ditio n s h all ope ra t e to create any vested or proprietary right whatsoever in the lice n see , but s h a ll gJVe t h e licensee the right to use water for the purposes s pecified m the lice n se. s ubject to termination of such license as herein pro",de d . Ev ery lice n se to use wa t er s hall be s u b1ect to revocation and shut-off by the Qweel,Br af ~ CITY an d s hall be s ub1ect to t he charge of reaso nable expenses after written notice fo r item r eq urre d by t his Title pertaining to use of water when the prop erty owne r refuses to co mply with the Engle wo od Municipal Code , without obligation upon the City to re fund or r epay a n y co n s iderat10 n which may have been given for the granting of s uch license, a nd withou t any obligation upon the City whatsoever, for a ny on e or mor e of the fo ll owing r easo ns: A . B. C. 0 . Failure to pay proper charges whe n due . Failure to comply with tlus Ch apter a n d a ppli cab le rules a nd r egul a tions of the WBter Qi•.<ieien CITY . Use of water for a purpose not authorized by lice n se. Waste of water. Section 168. Title 12 , Chapter lA, Section 4 -METER REQUIREMENTS . Englewood Municipal Code 1985, is he reby amended as follows : A. Owners of property with connections for r eside ntial u se h aving tap s on e inch (!") in diameter or larger, or for commercial use of a n y kind regardless of size of taps or service , or for residential use on premises with wading poo ls or oth e r co ntaine r s, whether permanently installed or not, with a capacity of two thousand (2 .000) gallons or more which are filled from City s upply , will be required to install water m eters . All owne r s of property having unmetered water se rvice s h a ll be re quire d to in stall approved water meters within ninety (90) days after the s ale or transfer of t he property or change in property use from reside ntial to co mmercial or indus trial. Whenever a meter is to be in stalled. it s hall be s upplied by the Engl e 00ii ldtilitiea QepBrtlfteflt CITY at the owner's cost. The rates for metered service shall be fixed by r esolution of the City Co uncil ; provided , however, that one bill, for all water used , composed of the s um of minimum charges for each meter used and a s ingle quantitative ch a rge for all water used, may be issued in the following cases: 78 • I • 0 ]- • • • • • ..... • - l. Where water service is taken through a co mbination of meters . or through meters on two (2) or mor e service pipes , if water serviced through each of uch meters and service pipes s hall be delivered and used on the same property holding in the prosecution of one general purpose. or a si ngle e nte rpnse on an integrated holding of land, undivtded by public s treets. roads or a ll eys; and 2. For all public schools. even though the meters may be s ituated on separate properties. B . In any case, when the OweeM!r af tlilitiea CITY deems 1t to be in the best interest of the City and water consumers, a1Hli Oweetar THE CITY may require a ny scheduled flat rate user to take his or her wa ter through a meter at the rates set by the City Council. Whenever a meter 1s to be used . 1t s hall be s upplied by the~ 9tYieiett CITY. All meters for new acco unts s hall be s upplied at the cost of t h e user. C. All meters installed s hall be the same s ize as the size of the serv1ce pipe . except m instances where premises have been vacated by a us er that r eqlllred a larger service pipe to supply its demands than that required by the n ew user. In such cases, the meter s ize may be r educed a ppropriately . D. All consumers' water meters shall be serviced and marntamed by the Wft{,ep ~ CITY, and the cost thereof s hall be paid by the City. e xcept that m the case of malicious damage. the cost of the repair s hall be paid by the owner of the meter. E . All meters shall be set or reset according to City standards ma proper watertight and frostproof pit witlun the limits of a public street or alley or inside a building located on the property to be served . In every case the meter s hall be located : I. So as to allow free and nonhazardous access for r eading , removal. inspection and replacements . 2. When located inside a building, the meter shall be set so that the e ntire s upply of water to the premises will be co ntrolled by 1t at all umes a nd s hall have valves on both sides of the meter . 3 . When the rules and regulations of the Wat,er 01 'iBIBR C ITY require metering and more than one service line 1s in use on a flat rate basis, each s uch service must be metered and separately connected to the main co ncurrently with the meter installation at the customer's ex pense . Section 169. Title 12, Chapter lA, Section 5 -TURNING ON OF WATER, Englewood Municipal Code 1985, is hereby amended as follows : The 11'111,er Qiuiaiae CITY will turn water on at any premises lawfully e ntitled to be served , upon request. Except upon written order of the Qwee1er af Utilities CI1i". no one other than a duly authorized employee of the Wat.er Qi otaiae CITY under any condition or circumstances shall turn on water for use in any premises when the water s hall have been turned off by the Wat,er Qi•1ieien CITY, or at its order; provided , however , that a licensed plumber may turn on water to the minimum extent necessary for the purpose of testing ltie work. after which the same shall be turned off~-The City shall not be liable for any 79 • I I • 0 • • -• • • - damages resulting in the turning on of the water eithe r by City empl oyees or a licensed plumber. Sectjon 170. Title 12 . Chapter IA . Section 6 · SPRI'.'m.LING PRIVJLEGES, Paragraph B. Englewood Municipal Code 1985 , 1s her e by a mended as follow : B. While it is the purpose of the City to mamtam a water s upply adequate to meet all needs of the mhabitants of the City , including trrigat1on without restnctions . there are many elements wluch make it un certam wh ether the s upply ca n always be adequate for all. and therefore. m tunes of extreme shortage or operation difficulties . water service for irrigat10n s hall be curtailed by s uch re stnctio n s as are deemed necessary by the City Co uncil m the case of shortage . or by the DiPeeter ef ~ CITY MANAGER OR DESIG:\TEE m the case of operation difficulties , or emergencies . Section 171. Title 12, Chapter lA, Section 7 · UNAU THORIZED USE. W.-\STE OF WATER, Englewood Municipal Code 1985, is hereby a mended as follow s: A. Unauthorized Use. Any unauthorized use of water supplied by the City shall be paid for at the same rate as if the same had bee n authorized . together with the cost incurred by the Water Di•Asien CITY in discovering and eli minatm g the unauthorized use . Such payment shall not in any way affect any liability or pe nalty which may be imposed for such unauthorized use. B. Waste. Water shall be used only for beneficial purposes and s hall never be wasted . Water shall not be left running to keep pipes from freezmg . Wa ter fo r 1rngat1on of lawns shall only be used during the hours and in the manner pecified by the DiPeeter ef Utilities CITY MANAGER OR DESIGNEE. No s pray or s prmkJer s ha ll be placed in a position to throw water on a public walk , driveway , treet or alley wluJe irrigating adjacent areas, except insofar as may be ab ol utely necessary . Sectjop 172. Title 12, Chapter lA, Section 8 · DAMAGE TO FIXTURES. RESPONSIBILITY, Englewood Municipal Code 1985, is hereby a me nded as follows : J.)'either the 1Hater Di, ieien ner t--The City, in any capacity, shall ::-JOT be responsible or liable for damages to privately owned piping or fixtures se rved by or connected to the water syste m, whether located in or upon public or private property , nor for damage to a ny perso n whomsoever or property whatsoever re sulting from the existence. use . arrangement of or accident to s uch water system; except, however, under the following co nditions: A. The City, thrs11gh its mater Di isisn ans et its sptien ans~ s hall repair, replace, lower or thaw house service lines or any of the above within the public right of way, and under the following conditions: l. A leak exists or occurs in that section of the licensee's service within the public right of way , i.e., between the curb stop and the supply mam . 2. The service line within the public right of way shall freeze or fail as a result of freezing . 80 • 0 I • 0 ( • • • ,. --. • ,. • -' B . Should the Wat.er Di•1isieR CITY determme that the licensee or the consumer service line in the public right of way must be lowered because of ex pos ure to damage from freezing , the licensee or cons um er shall take necessary precautions t o either: l. Lower the service line from curb stop to the premISe served. or 2. Take whatever precautions would be necessary to avo id serv1ce line failure between curb stop and the licensed premise by means appr oved by the Wetet- ~ CITY. C . Showd the licensee or consumer fail or refuse to take s uch necessary precautions to avoid failure of the service line from curb stop to the licensed premises, then ~the City ft8l'-l;Be Water Di isieR shall NOT be held liable or acco unta bl e fo r damages because or on acco unt of s uch failure . D. In the event tha t the licensee or co nsumer d es ires or sh a ll de ire to lower the service line from the licen sed premises to the curb stop . the Water Di 1s 1eR CITY shall al so lower the service line from curb s t op to the s upply m ain m ord er to avoid failure of said line m the public right of way. The Wat.er Di .. -isieR CITY may take s uch other or different action to pro~;de t hat the service line m t he public right of way shall not fail as a r es wt of t he lowering of th e service li ne from t he l.t censed premi ses to the curb stop . E. In the event that the ~iYieieft CITY is requested to and doe thaw or otherwise provide related services fo r a frozen or co ld-damaged r esi dential service line that is not in the public right of way but is on a licensee's private property , the li ce nsee shall pay a fee to the Water Div-ieieR CITY amounting to the fair ma rk et val ue of the servtce s provided for thawing or other aid in res toring se rvi ce to the property , but in no event less than one hundred dollars ($100.00). Thts fee hall not be imposed if the licensee's request for t hawing or other servi ces is lu s or her fir st such request and if the li ce nsee has followed any and all previo us reco mm e nded precautions from the Water Div-ieieR CITY regarding the location of t he lines a nd the ri s k of freezing . In any event, the Water Di ReieR BREI the City ft1'e IS not obligated to pe rform u ch services nor to provide any protection from leaks or fr eezing on th e licensee's property , which is so lely the responsibility of the li ce nsee. Section 173. Title 12 . Chapter IA, Section 9 -RIGHT TO S HUT OFF WATER FOR REPAIRS : The Wat.er Eli isieR CITY reserve s the right a t any time , but after reasonable notice t o all co ncerned , to shut off the water in its mains for the purpose of making repairs , extension or for other useful or nece ssary purposes. In case of emergency, reason able notice is waived. No water user shall be entitled to a ny damages or to have any portion of payment r efund ed for any stoppage of water supp ly , however the same ma y be occas ion ed . All perso ns having boilers or other appliances on their premises, depending on pressure of water in pipes, or upon a continual s upply of water. shall provide at their own expense s uitable safe t y a ppliances to protect their property in case of stoppage of water s upply or lo ss or press ure . 81 • ' ., . I • 0 - • • • ,-. • • -.. ' Section 174 . Ti tle 12. Ch apter IA. Sect io n 11 · I NS PECTI ON : ACC E SS TO PREMI S ES . Engle wood Muruci pa l Code 19 85 . is h e r e by a m e nded as follo ws: For ins pec ti on a nd meter r eading purposes. d ul y a ut h on ze d e mployees of t h e w-r ~ CITY s hall be a ll owe d free acce s a t all rea on able h ours to a n y bwlding or pr e mi se s wher e water 1s used . Ali uch e m ployees s h a ll carry a City ide ntification card signed by the Ci t y ~1an age r a n d h a U di pl ay the a m e upon requ est to the occ upa nt of a n y pre mises to which access is sou gh t. The c ust o me r ' syst e m s h a ll be ope n fo r ins pec tion a t all reasonable tim es to a uthon zed re presen tauves of the 9+-.. CITY to d e t e rmme whether cross -connect10n s or othe r tructural or sanna r y h a za rd s. incl uding n ola t1 on s of these regulations , e xi st . Whe n such a co n di tion beco m es known . t h e ~ CITY may deny or immediately disco ntmue e rv1ce t o t h e pre mi ses by providing fo r a physical brea k in the service line unttl the cus t omer h as co rrec t ed t he co ndition (s) m co n fo rma nce with State and City statutes relating to pl um bm g a nd water supplies a nd the r egulati on s a dopted pursu a n t the r eto. Section 175. Titl e 12. Ch a pte r L.\. Seet1o n 12 · CROSS-CO:'\T:\'ECTI O :sJ CONTR O L. Para gra ph H. Engle wood MurucipaJ Co de 19 5. 1s he r e by a me nded as fo ll ows : H . Prot ec tive Dev1ce Re quire me nts (Backfl ow a nd Cross-Co nnection s): Ge neral Poli cy . The ~ CITY sh all be r es pon sibl e fo r t h e protection of t h e pu blic potable wa te r d1stnbut1on syst e m from co ntaminants or pollu tan ts t h ro u gh t h e wate r se rv1 ce co nnecti on , if. in the j udgme nt of the~ CITY . a n a p p ro"ed backil ow preve ntion de ,,ce 1s re quired (at the custome r 's wa t e r se rvice co nnection . or with in the cu stome r ' priv ate water system ) fo r the safety of t he wa t e r sy t e rn . The Ehree'8r er ht e Eieei~eteli e~eet CITY shall gi ve notice in wntmg to aid custome r to m stall s uch approve d back.fl ow prevention d evice (s) a t s pecifi c loca ti on ( ) a stated m s ub se ction 12 -lA -12 C: l . In the ca e of a n y pre mises wh e r e t here 1s a n a ux1.h a ry water -u p ply a tated m Section 12 -l ·l a nd it 1s n ot s ubjec t t o a n y of the fo ll owmg rules . the p u bli c wa t e r s uppl y system s hall be protected by an approve d a ir-gap separ a ti on or a n a pproved re duce d press ure principle backfl ow pre ve ntion device . 2. In the case of any pre mi se s where the r e is water or sub st a n ce th a t would b obj ec ti on a bl e but not hazardous t o health , if introduced mto the public wa t e r system . the public water syst e m shall be prot ec t ed by a n a pprove d doubl e chec k va lv e asse mbl y a fte r approval of the City. 3. In the ca se of a n y pre mi ses whe re the r e is a ny m a te ri a l d a nge r ous to he alth whi ch is h a ndle d in s uch a fa s hion as to crea te a n ac tual or potential h a zard to th e publi c wate r system , the public wa t e r system sh a ll be protected by a n a pproved air-gap separation or an approved re duce d pressure principle ba ckflow prevention de vice. Examples of pre mises where these co nditio n s will exi st include sewage treatment plants. sewa ge pumping station s, che mica l manufacturing plants, hos pitals , mortuaries and plating plants . Additional re ference s ub section 12-IA-!2C. 4 . In the ca se of any premises where there are "uncontrolled" cro ss-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pres sure principle backflow prevention device at the service connection . 82 • .. ) I • 0 J • • -• • • 1 ' •,, • - 5. In the ca se of any premises where. beca u se of security requirements or other prohibition s or restrictions . 1t is impossible or impractical to make a co mplete in-plant cross-co nnectio n s urvey . the public wa t e r system s hall be protected against backfl ow or ba ck -s iphonage from the pre mi ses by the installation ef.tl l!eelfQa 13re. e,11,tel! lie 1ee 11! the s eP>tee liBe . IB this ease , 11!8!tHBlill! JIPeteetieB , tll ee reqwee: that 1@ , a n a pproved a ir-gap s eparation or a n approved r ed uced press ure principle backflow preve ntion device shall b e in s talled in each ser,;ce to the premises . Section 176 . Title 12. Chapter lA, Section 12 • C ROSS-CONNECTION CONTROL. Paragraph J , Englewood Municipal Code 1985 , is he r e by a me nded as follows : J . It shall be the duty of the cu stomer-u se r at a n y premises w h e r e a backflow device is required to notify the City upon installation to h ave a ce rtifie d test a nd inspection before potable water is u sed a nd h ave said device t est ed a nnually fr om that point. In those instances where the DiPeet,ep.. c1n· deems ~ THERE TO BE A hazard, IT te ee greet eBeYgh , he will require a ce rtifie d m s pect10nS a nd tests to be performed at more frequent intervals. The charge forte t a nd ce rttfica tion will be based on the size of the device(s) a nd loca t10n (s) of installation . Section 177. Title 12 , Chapter lA, Sectio n 12 · CROSS-CONNE CTIO N CO~TROL. Paragraph L, Englewood Municipal Code 1985, is h ereby a me nded as fo ll ows: L. Violations and Penalties (Backflow and Cross -Connection). l. The~ CITY will notify the owner, or authorized agent of the owne r , of the building or premise in which there is found violations of t h ese regulat10ns . The~ CITY l\1ANAGER OR DESIGNEE s hall set a s pecific time for the owner to have the violation removed or corrected . If the owne r fails to co rrect the violations in the s pecified time, the ~CITY-l\1A NAGER OR DESIGNEE may , if in his /her judgment an imminent h ealth haza rd exis t s . terminate the water service to the building or premise. Additional fin es or penalties may also be a ssessed following termination of ser vice. 2 . All costs incurred by the City , State, contractor, or a n y authorized co mpany , s hall be at the owner's expense when a backflow or cro ss -connection involves contamination of a n y potable water system . 3 . The owner or authorized agent of the owner res ponsi ble for the maintenance of the plumbing syst e m in the building who knowingly permits a v10lation to remain uncorrected after the specified time set by t h e ~ C ITY , s hall , upon co nviction t hereof by the court, be re quired to pay a fine of n ot m ore than on e thousand dollars ($1 ,000 .00) PER DAY or by imprisonment m jatl for a period of time not to exceed on e year FOR EA C H DAY OF VIOLATION or both s uch fine and imprisonment. Section 178. Title 12 . Chapter IB , Section 1 · PERMIT AND NOTICE REQ UIRED , Englewood Municipal Code 1985, is hereby amended as follow s: 83 • ' . • I • 0 • • • ~- • • - A. Permit. Except as herein otherwise s pecifically a uthonzed. 1t s hall be unlawful for any perso n to make any physical connection to a ny of the pip s or facilmes of the City water system , or to any privately owned or publicly owned e xten-1on s thereof. without first making application therefor. Such applicanon s hall be m writing a nd s hall be filed with the "'&ter I>i•1ieie11 CITY by the ow n e r of the property to be served or his authorized agent. Such application s hall contalll a full de scription of the premises to be served and the fottures to be s upplied. A pe rmit fo r the work will be granted upon the condition that a ll rules and specifications respecting co nnections s hall be fully observed. B. Notice. Any person about to install a service pipe s h a ll giYe notice at the~ the W&t.er Qi <ieie11 CITY fixing the day on which he wishes the City main to be tapped. Such notice shall be given twenty four (24) WORKING hours before the ta p is to be made . The corporation valve inserted in the di stribution m am a nd the serv1ce pipe to be laid mus t be of the s ize s pecified in the permit. Section 179. Title 12. Chapter IB, Section 3 · WATER M.AINS . P aragraph B . Englewoo d Municipal Code 1985 , is h ereby a mended as follows : B . Extension Of Distribution Mains: When 1t 1s requ ested in writing to e xte nd a distribution main in order to se rve a re pons1ble app li ca nt or a pplicants whose property is located within the C ity , the Ci ty will make such extension at its ow n expense subject to recovery . In the case of ne w s ubdivision s or revise d plattings, the applicant s hall submit to the IH&ter I>ivie1e11 C ITY three (3) approved prints of the area involved upon wluch shall be s hown the lot and block numbe r s a nd the house numbers . All water mains s hall be located within dedicated public rights of way or acceptable recorded easements. Section 180. Title 12 , Chapter IB , Section 3 -WATER :'11AINS , Englewood '.\lumc1pal Co de 1985, is hereby amended as follows : C. Assessment For Water Mains: U p on the applicat10n of a property own e r fo r a permit to connect to a City mam . the owne r s hall pay to the "'&t.er I>1 18 18ft CITY such sum as may be fixed from time to time by reso lution of the C ity Cou n cil The above assessment cove r s the property owne r 's s h a r e of t he cost of t he main . a nd is in addition to the connection charges as set forth in Arucle D of t hi s Chapter . Sectjon 181, Title 12 , Chapte r IB , Section 4 · SERVICE PIPE S PE CIFI CAT IONS, Paragraph A.6 , Englewood Murucipal Code 1985. is hereby a mended as follows : A. Specifications Of Service Pipe: Each service pipe must be of t he foll owing s pecifications: 6. Other materials may be used only upon the express approval of the City E11~eer er QitoeeMir af Uttiitiee . Sectjon 182, Title 12 , Chapter IB , Section 5 · MATERIALS PURCHASED FROM CITY, Englewood Municipal Code 1985 , is hereby amended as follow s: 84 • .. . .. I • 0 ] • • • • • - In the case of pe rma n e nt co nnec tion s to the m arn s of t he City wate r sy stem . the a pplica n t s hall purchas e from the llZ11ter Di·<isiee CITY t h e fo ll owin g m ate ri als : A . The co rpor a tion stop by wluch co nnection 1s made to the ma m . B. Water m e t e r whe n re quire d . Section 183. Title 12 , Cha pter lB . Section i · ~l.,"MB E R O F CSERS 0 1' SER\ lCE RESTRICTED , Engle wood Municip a l Code 198 5. 1s he reby a me n ded a fo ll ows : A . More Tha n O n e Pre ouses To A Ser vtce Co nnection Proh 1b1ted : Each p re mi ses or property or building s ituated on a pre mises or pr ope r ty m a m a nne r which woul d allow the premises or prope rty to be s ubdinded a n d t h e bmldmgs so ld se pa r a t e ly shall be served by a separa t e se rvi ce co nnection directly to t he marn wtthou t crossing t h e othe r a dj omrng pre m1se or p r operty a n d with se parat e curb sto p s involving only on e acco unt whe n wa t e r 1s t urned on or -h u t off. Exte n s ion of ser vice to anothe r pre m ises or buil ding fr om a n e xi s ting se rnce co nnectio n 1s p rolub1 ted and s hall be s ubiect to . hutoff without t h e City be m g lia bl e fo r a n y da mage. Exceptions to this require ment may be granted by t he Dw ee ter ef U tilitie s CITY MA NAGER OR DESI GNEE with the co n curre nce of t h e Water a n d Sewe r Boa r d upon a r evie w of a wri t t e n r e quest of t h e p r oper ty own e r , m whi ch t h e pro pe r ty owne r illus tra tes with both wntte n a nd graphic description s . why t he e xce ption s hould be granted . Exi s ting premis e s . prop erties or buildings whic h do n ot co nform to this requireme nt may mai ntain their se rvice co nnection co nfi guration s unles and until s uch time. in the opinion of the DiP ee ter ef Utilities CITY M..\1':A G ER O R DESIGNEE with the concurre n ce of the Water a nd Sewe r Board. t h e sern ce mus t be separated. B . Two Or More User s On Same Service Line : In case t wo (2) or mor e use r a re s upplied from the same service line . tf a n y of t he p a rties fail to pay t he water charges when due . or to co mply w1th ·an y rul e of t h e ll '11te r D1 1e1e e C ITY . the Water Qi sie1ee CITY reserves the n ght to Wt'ft S H C T off t h e water forem TO the whole service until s u ch ch a r ge a r e p ai d . or the rul es stri ctly co m p li ed with. a n d 1t is e xpressly stipulated t h a t no cla im fo r dam age or othe rwi se m ay be ma de a ga m st the C ity by any u se r whose water ch a rges h ave been p a id or wh o h as co mplie d with the rules of t he Wt1ter Qi.,.e1ee CITY . be ca u se of s u ch t urnoff. 1t bei n g e xpressly stipula ted tha t the necessity fo r s uch~ SH l.i T O FF s h a ll be deemed t o be t h e jomt act of a ll se rve d thro ugh s uch servt ce . Sectjon 184. T itle 12, Chapte r lB , Section 8 · TEMPORARY CON ~CTIO NS , Engle woo d Municipal Code 1985, is h ereby a me nded a s follow s: Temporary connection s to the wa ter system for s pecia l purposes will be gra n ted m prope r cas es upon application . Li ce n ses fo r wa ter for building purposes will be iss ue d onl y upon the submission to the W111er Qi <ieieft CITY of the plans and s p ecifications of the work t o be done for which water will be r e quired . from which the charges to be m a de will be computed; a nd m all cases pay me nt in advance for the water s hall be a co ndition preced e nt to the iss uance of a pe rmit fo r a n a ttachment to the wa t e r syst e m fo r u se unde r s u ch license. When the u se of water for construction purposes h as t e rm m a t e d . the co ntract or s hall notify the Waler Qioieie11 CITY . The "'11ter Di, ieiee CITY w1ll the n turn the wa ter 85 • ------- ) I • 0 • • -• .. p ,,--· • • < .. ,. " • -' ' off, a nd leave the water turned off until a license for the use of water has been obtained by the ow ner or occ upant. Section 185. Title 12. Chapter IB, Section 9 · STREET CUTS. Englewood Municipal Co d e 1985. is hereby amended as follows : Any licensed plumber who s hall make a cut or excavation in a s treet for the purpose of installing a service pipe s hall first obtain a permit from the DH"eeter ef P\lelie IJlerils C ITY and shall pay the charges established by Section l l-3C-3 of this Code to cove r repl acement of the pavement or other surfacing. Sectjop 186. Title 12 . Chapter IB. Section 10 • CONNECTIONS TO FIRE HYDRANTS . Englewood Municipal Code 1985, is hereby amended as follows: No connection shall be made to any fire h ydrant except by an employee of t h e City fo r Municipal purposes. The Diree,er ef ~ CITY MAN AG ER or~ des1gn ee may authorize exceptions when neces sary to meet emergencies. Section 187. Title 12 , Chapter IB, Section 12 · INSPECTION OF WORK Engle wood Municipal Code 1985. 1s hereby amended as follows : Upon completion of the work of installation. the water shall be turned off a nd left off unu.1 turned on by the "'at.er Di ,eie11 CITY or upon its written order. Water will not be turned on to any premises, except for construction purposes. unless and until the plumbing s hall have been completed and passed by the 8\lilltillg htepeeteP ef ,he City for plumbing~ the Iaepeet.er ef the "'at.er Di 'i8ie11 and until payment of the proper charges s hall have been made at the efliee ef ,he "'at.er Di ,teiea CITY. Sectjop 188, Title 12 . Chapter IC , Section 3 · TAPPING OF MAINS NOT OWNED BY CITY. Englewood Municipal Code 1985 , is hereby amended as follow s: When application shall be made for connection to mains or facilities not owned or controlled by the City , and through which water is being supplied by the City, permit for said connection will be granted only in those cases in which the Weter Di ieieR CITY s hall have been duly authorized m writing to grant such permit by the owner in control of s uch main or facilities . Section 189. Title 12 , Chapter I C, Title 6 · CONSUMER METERS, Englewood Municipal Code 1985, is hereby amended as follow s : Consumer meters read by employees of the "'et.er D, ,teieR C ITY in connection with service rendered under the meter rate schedule s hall be supplied by the City at the cost of the user, and serviced and maintained by and at the cost of the City, within the s tipulations as s pecified for u sers within the City . Sectjon 190, Title 12 . Chapter ID, Section 3 · REFUND OF CHARGES, Englewood Municipal Code 1985, is hereby amended as follows : 86 • ' ., I • 0 ,~--------------------------~-----.·-----------------------~- • • • • ,,,-. • .. • - Refunds of scheduled charges will be made for any portion of a property wluch shall have been vacant. provided such vacancy shall have been reported to the "'ater E>i 1isieB CITY in writing and the vacancy inspection shall have been made . Refunds shall date from receipt of notice. Refunds shall also be allowed in cases where seTV1ces are turned off by the '.ltaMr E>i <isise CITY and proper charge for such turn-off shall have been paid . '.'ll o crerut or refund shall be given for excessive consumption or use of water due to broken ser.,ce lines or leaking fixtures beyond the meter when a meter is reqwred . In the event of excessive consumpuon caused by underground se rvice lin e broke n b yond the meter, up to a fifty percent (50%) crerut for loss of water ove r normal co n umpt1on recorded for similar prior periods will be given if a plumber 1s under a co ntract to make repairs within seventy-two (72) hours after ruscovery of such break. Section 191. Title 12 . Chapter 10. Section 6 · ADMI:silSTR..\TlVE RE\1E\V A:-;D APPEALS , Englewood MurucipaI Code 1985, is hereby amended as foll ow : A. Whenever an owner disputes the amount of the charges made purs uant t o tlus Chapter. or rusputes any other determination made by or on behalf of the 1ty pursuant to this Chapter, that person may petition the E>weeter ef Ctt!rnes CITY MANAGER OR DESIGNEE for a hearing to correct or modify such cha rge or determination no later than thirty (30) days after having been billed for uch charge or after having been notified of such determination. B. Upon receipt of such petition, the~ CITY MANAGER OR DESIGNEE shall . within thirty (30) days and upon due notice to the petitioner, hold a heanng on the petition, taking such information or evidence as may be material. The ~ CITY MANAGER OR DESIGNEE shall render ftt8Aier ..\ decis10n. in wntmg, within ten (10) days . The E>ireeM!r ef Cti!ities may eee1h1et BHeh a heariflg htmsel47lterself or . in IHsAler sale Eiiseret1ee , may aesigeate a heariBg e!Iieer • ith aHtheri~ Ml hela BHeh heariege . C. When 1t is claimed that the true mtent or meaning of the Code has been misconstrued or wrongly mterpreted by the E>weeter ef Utilities er CITY MANAGER OR ~es1gnee , any owner aggneved thereby may appeal ft'eHt the aee1eieR ef the E>H ee(i8r ef :Cttltaee er h1s'iter aesigeee to the Englewood Water and Sewer Board . Said appeal mu s t be brought within thirty-five (35) days from the date the decision 1s rendered . D. E . If an appeal 1s nmely filed , the Water and Sewer Board shall review the decision &f tfte I>1PeeMlr ef Utiliaes er hisA!er aee1geee in a hearing which shall be held within seventy-five (75 ) days from the date the appeal was filed with the Board. The Board shall render a fmal decision thereupon within tlurty-five (35) days . In considering such appeals, the Water and Sewer Board shaU have the powers granted to the Qi,reeter sf Utilities CITY MANAGER OR DESIG1 fEE under the tlus Municipal Code. Appeal hearings before the Water and Sewer Board shall be quasi-judicial m nature and shall be governed by the procedures of Section 1-10-2 of this Code . 87 • ) I .. • 0 • • -• .. • .,,-. • I • ,,. • -... F . All decisions of the Water and Sewer Board on an appeal s hall be final and binding unless appealed to the District Court within thirty (3 0) da ys from the date of the Water and Sewer Board's decision. G . A reasonable . uniform fee to defray the expenses of the hearmgs may be charged by the Water and Sewer Board if the Board uphold s the E>ireeter's er hielftep Eieei~ee'a CITY'S decision; provided that provi sio n s h a ll be ma de for the wawer of the payment in all instances of proven indigence. Such fees sh all be set by the City Counci.1 by resolution . Section 192. Title 12 , Chapter 2. Section l · GENERAL PRO\lS10:,,.;s . Paragrap h B , Englewood Municipal Code 1985, is hereby amended as follow s : B. Strict Liability: The Englewood City Council recognizing the threats up on the frai.1 ecology and expressing great concern for its protection. declar es that merely domg a ny act prohibited by this Chapter and orders of the Di-reet,ep CITY . issued under the provisions of this Chapter or failing to perform any act required by tlu Chapter or said orders of the 9itoeeleP CITY violates thi s Ch apter . The v10lator's intention is not a defense to any violation of this Ch a pter or said ord er of t h e Qireet,ep CITY , but intention may be co nsidered as a matter in aggraYa t 1on or mitigation. Section 193. Title 12 , Chapter 2, Section 1 · GENERAL PROVlSIONS , Paragra ph D (Definitions/Abbreviations), Englewood Municipal Code 1985 . is hereby amended as follows: The following definition/abbreviation only is changed to read as follows : Significant Industrial User: Any categorical user or industrial user of the Ci t y's wastewater treatment system whose process flow a) exceeds twenty-five thousand (25 .000) gallons per day , (excluding sanitary, noncontact cooling and boiler blowdown wast ewate r) orb) exceeds five percent (5%) of the daily average dry weather hydraulic or orgamc capacity of the treatment system. (c) is subject to a surcharge for excessive BOD , COD and/or TSS as provided for in this Chapter. d) has toxic material in its waste stream in toxic amounts as defined in standards issued under sectio n 307(a) of the Act, or 3) 1s determined by the 9itoeeleP CITY, the Metro District, the Colorado Department of P UBLIC Health AND ENVIRONMENT or the U.S. Environmental Protection Agency to have s ignificant impact, either smgly or in combination with other co ntnbutmg mdustnes , on the treatment works s uch that the quality of the effluent, or s ludges , fr om the treatment works deviates from the requirements set forth in the NPDES permit issued t o the City , or the Metro District. or s uch that interference with the treatment process or facilitie s would re sult. Section 194. Title 12 , Chapter 2, Section 2 -GENERAL REG ULATIONS, Englewood Municipal Code 1985 , is hereby amended as follows : A. Supervision : 88 ----~ .. .. I • 0 ( • ... • - l. The DifeeMP ef Utili.*4ee CITY s h a ll be res ponsible fo r the manageme nt of the wastewater collection system served by the City and all of the prope rty pertaining thereto. ~ THE CI TY s hall see that s uch s ystem is kept properly cleaned and in good working order a nd r epair. Hel5fte THE CITY s hall e nsure proper co mpliance with a ll local . State a nd Fede ral ordinances, statutes. laws. and regulations for co llection of wastewa ter a nd s hall perform all other duties in co nnection with s uch system as may be required. 2. The l)i,peete, ef "18ete .. 8ter 1're8t1Be1n El)"'T) C ITY s hall be res ponsible for the management of the Bi-City wastewate r treatme nt plan a nd all of the property pertaining thereto . ~ THE C ITY s hall see that s uch system 1s kept properly cleaned and in goo d working order and re pa ir. Hel5fte THE CITY s hall ensure proper compliance with all local, State and Federal r egulation s fo r treatment and discharge of was t e wa t e r and s hall perform all other duties in connection with such system as may be re quired. 3. The ElH"eeteP ef Utili.tiee !lfl8 E)i,peete, ef "'8ete"l8ter Tre8t1Be1u CITY may adopt rules and regulations in tfteH' THE res pective areas of r espon si bility OF UTILITIES AND WASTEWATER TREATMENT. Jointly or individually , consistent with the provisio n s of this Chapter for the administration of the wastewate r system . Rules a nd r egulation s adopted s h a ll pertain to. but s h all not be limited to, discharge , lim1ta t1on s . pretreatme nt requirements . s tanda rd s for installation of wastewate r lines and se rvice s. and implementation of s tandards promulgated pursuant to the Act. In establis hing s uch rules a nd regulations . they s hall establish s tandards that will assure safe , efficient operation of the wastewater system. wastewater treatment process or eqwpment, that will not have an adverse e ffect on the receiving wate r . or will not otherwise e ndanger persons or property , or co n s titute a nuisance. 4 . The E)i,pee"8r ef Uulitiee , the l)i,peeter ef "'8et.e 8ter TPe8t1Be11t 8118 tlte E)i,peetsP ef Fi1t81te18l Sep, ieee CITY s hall keep s uch reco rds and pre p ar e s u ch reports co nce rrung the wastewater utility as the C ity :Manager directs . The City Manager s hall keep the City Co uncil a dvi sed of the ope r ation s . financial conditions and future needs of the Dep8rt111e11t CITY a nd s h a ll p repare a nd submit to the City Council, at least annually , a re p ort cove ring the activities of the Elep8rt111e11"8 UTlLITIES AND WASTEWATER TREATMENT, including a s tateme nt of revenues and expenditures of t h e preceding ye ar . 5 . The EltPeeteP ef Utilities 888 the E)i,peeter ef IUe et e '8ter Tre8t111 e 11t C ITY s h all have the power to formulate and promulgate d1r ect1ves . regulation s , a nd orde r s implementing and consistent with the provisions ofth1s Chapter. The vio lation e by the user of any s u ch directives. regulations . or or ders can be e n fo r ce d m accordance with the provisions of Section 12-2-6 of th.is Ch a pte r . 6 . • • If wastewaters containing any s ubstance described m t h e fo ll owing sections of this Code are discharged or proposed to be di sc harge d m t h e w astewater system of the City or to any tributary the reto, the -Elttoeeter CITY may take a n y action necessary to : a . Prohibit the discharge of such wastewater; 89 • I • 0 - • I t • • /' . • ~. I • - b . Require a di scharger t o demonstrate t ha t in -pl a nt modifi cation s will r educe or eliminate the discharge of such sub st a nc es so t hat the di sch a rge does not exce ed the limits set in Section 12-2-i her e in : c. Ensure pretreatment, including st or a ge fa ciliti es or fl ow equaliza tion necessary to reduce or eliminate the obj ec t io na ble charac t er istics or s ub st a nc es so that the discharge will not vio la t e this Ch a pter : d . Ens ure that the per son making, causing or all owing the di sc h a r ge pays a ny additional cost or expense incurred by t he City treatme nt syst e m : or e. T ake s uch other or further remedi a l ac tion as may be d ee med t o be des ira bl e or neces sary to a chi eve the purpose of thi s Cha pter . i. Any actua l or threa tened disc harge of wastewa t er co nta mi ng s ub stances limited or prohibited by th.i s Ch a pter in to the wast ewater treatm ent syst e m of the Ci ty wh.i ch , by the determination of th e 01re ete r ef Util,itie s er til e Oireet e r efl~'aet.ewater Treatmet1t CITY present a n immin ent or s ubst a nti al endangerment t o the health or we lfare of pe r so n or t o t he environm e nt. or wh.i ch ca uses inte rfe r ence wi t h t h e nor mal ope r auon of t he wastewate r treatment system, may be imm ediately ha lted or eliminated by e1tll e r til e E)ifeeler ef Utiktiee er tile Oireeter e fW&etewate r Tre atm e Rt THE CITY . The E)ifeeter ef Utiktiee er tile Oit"eete r ef W&ete ete r Tr e !Um e et CITY m ay h a lt or eliminate s uch di scharges by means of a ny proce dure or measure a uthorize d by tlus Chapter for enforcement of disch a r ge li m1 ta tton a nd prohi b1t1 on s. or by means of phys ical disconnection from the wastewa t er t r eatment se rvice . Such disch a rges ma y be halted or eliminated without rega rd to the compliance of the discharge with other provisions oftlus Cha pte r . Tlus acti on d oes not preclude the ~ CITY taking any further a ppr opriate enfo r ce me nt ac tion proV1d ed by this Chapte r . 8 . The~ CITY s hall see tha t industrial user s wluch di scha rg e t o the Me tro D1 s tnct co mpl y with the more s tringe nt disc harge li mi tations of eithe r the Metro Di strict or Et1gle .. ·eeli THE CITY . Section 195. T itle 12, Cha pte r 2, Section 2 · GE NERAL REG ULATI ONS. Par a gra ph 8 , S ubsection 4, Englewoo d Municip al Code 1985, 1s her e by a mended as fo ll ows: 8 . 4 . S to rm water, s urface draina ge, s ubs urface dra inage, ground water , wa t er from unroo fed drains. r oo f run-off, coo ling wa t e r or unpolluted wa t e r may be a dmitted to s pecifi cally des ignated storm se wers which ha ve a deq u at e ca paci t y fo r t he accommodation of said water s. It s hall be unlawful fo r a ny pe r so n to co nnec t to a nd/or use sani tary sewer s for the a bove purpose without ha ving obtained the writte n prior con sent of the E)ifeeter ef Utiktie e CITY . Section 196. Title 12 , Cha pter 2, Section 2 · GENERAL RE GU LATI ONS . Par a graph C, S ubsection I , S ubp a ragra ph k , Englewood Muni cipal Co de 1985 , 1s he r e by a me nded a fo ll ows : C. Specifi c Prohibitions: 90 • I • 0 • • l. k. • • -' Any wastewater containing any radioactive wastes or isotope s of s uch half.life concentration as may exce ed limits established by the~ CITY in co mpliance with applicable State Rul es a nd Regulati ons Pertaining to Radiologic al Control , published by the Colo rado Department of Health, ta te of Colo r ado. Section 197. Title 12. Chapter 2. Sectio n 2 · GENERAL REGL'L.\TIO:-.:S . Par agraph C, Subsection 1. Subparagraph q. Engl ewoo d :\lumci pal ode 19 5 . is he re by a mend ed as follow s: C . l. q . Wastes fr om septlc tank pumpage or vauhs exc e pt at locauons permitted by the Qtf'eeter ef 1\'astemRter T, eate1 e et lTY . Section 198. Title 12. Chapter 2. Sect1on 2 · GEl\'ERAL REG CL.\TION S. Pa r a gra ph C. Subsection 3 , Englewood Municipal Code 1985. 1s hereby a me nd ed as follo ws : C. 3. Any material or substance ente nng in t o the public se wer wluch interfer e with the treatment process even if it 1s withm the conce ntration bm1tat10ns stated in Section 12·2·7 may be prohibited upon written ord er by the 9treetel' CITY . Sectjon 199. Title 12 , Chapter 2. Section 2 · GENERAL REG ULATIONS . Paragraph D, Englewood Municipal Code 1985 . is hereby amended as fo ll ows : D. Federal Categorical Pretreatment Standards: Cpo n t he promulgat10n of the Federal Categorical Pretreatment Standard for a particular industrial s ub ca tegory . the Federal Standard, if more stringent than limitations imp osed herein for so urces in that subcategory , shall immediately s upersede the limitations impo ed he re in . The ~ CITY s hall notify all affected use r s of the applicable r eporung requirements. Section 200. Title 12 , Chapter 2. Secti on 2 · GEl\'ERAL REG ULAT IONS . Paragraph l , Englewood Municipal Code 19 85. is here by amended as follows: I. Accidental Di sc harges . Each user s hall provide protectio n fr om ac cid e ntal discharge of prohibited materials or other s ub s tances regulated he rem . Faci.lm e to prevent accidental discharge of prohibited materials s hall be provided a nd maintained at the user's own cost and expense. In the case of a n acc id e ntal discharge, 1t is the respo nsi bility of the user to immediately noufy the ~ CITY and the POTW of the incident. If the discharge occurs to the portio n of the POTW which ultimately discharges to the Metro treatment plant. :\1 etr o must a lso be notified immediately . The notifica tion shall include location of di sc harge. type of waste, concentration , volume . and corrective actions . Withtn fiv e (5) days following an accidental discharge, the user s hall submit to the~ CITY a detailed written report describing the cause of the discharge and the me asures to be take n by the user to prevent similar future occurrences . Such notification shall not relieve the user of any expense, loss . damage , or other liability which may be incurred as a result of damage to the POTW , fish kills . or any other damage to persons or property , and such user shall be liable therefor, nor s hall s uch notification relieve the user of any fines . civ1l penaltle . or other liability which 91 0 I • 0 ] -• • -·· • l . .. ·~ • - may be imposed by tlus Chapter or other applicable law . Failure to report accidental discharges may , in addition to any other remedies. result in the revocation of the discharger's wastewater discharge permit. If the POTW is fined by the State or Federal government for v10lation of the POTW 's NPDES permit or violation of Water Quality Standards as the result of a spill or intentional slug discharge of a toxic pollutant. then the fine , including all POTW legal, sampling, analytical testing costs and any other related cos t s s hall be charged to the responsible user. Notice to Employees . A notice s hall be permane ntly pos te d on the user's bulletin board or other prominent place advismg e mployees whom to ca ll in the event of an acci dental discharge. Employers s hall ensure that all employees who may observe, cause or suffer s uch an accidental discharge t o occur a r e advised of the e mergency notification procedure. Section 201. Title 12 , Chapter 2. Section 2 · GENERAL REGULATIONS, Pa ragraph L, Englewood Municipal Code 1985. is hereby amended as follows : L . Ma nhole Covers. No person s hall open any sewer manhole without the permi ssion of the QiPeeter ef UtiHtiee CITY . Section 202. Title 12 . Chapter 2 , Section 2 · GENERAL REG LATIONS . P aragraph , Englewood Municipal Code 1985, 1s hereby amended as follows: N. Prohibited Connections. It is unlawful for any person, co rporation , or othe r business entity. either in person or through an agent, employee , or contractor to make, allow or ca use to be made any connection to the POTW for the purpose of servicing property outside the boundaries oft he POTW, except upon recommendation of the QiPeeler ef Uttiifeiee CITY and the approval of the City Co uncil . Sectjog 203. Title 12, Chapter 2 . Section 2 · GENERAL REGULATIONS . Paragraph 0 , Englewood Municipal Code 1985. is hereby amended as follows : 0 . Pnvate Wastewater Disposal. 1. Private Di s posal. a . Pnor to commencement of construction of a private wastewater disposal system , the owner or his agent s hall first obtain written permission from the Tri-County Health Department fo r s ubmission to the ~ ef Uttlttiee CITY . b . The application for the permit required by Section 12 ·2·5 s h all be made on a form furnished by the Tri-County Health Department which the applicant shall supplement by any plans , specifications and other information as 1s deemed necessary by the Tri -Co unty Health Department. 92 -~----· _ _____... ' . .. . • ) I • 0 • • • • • .. , . • - c. The owner or his agent shall operate a nd maintain the private wastewater disposal facilities at his sole expense and in compliance with all Federal. State, and local laws , rules and r egulation s . d . No statement contained in this Section s hall be co nstrued to interfere with any additional requirements wlu ch may be tmpo sed by the Health Department or Dii>eetar af Utilities THE CITY . e. The type, capacity, location, and layout of a n ind1ndual wastewater disposal system shall comply with all standards of the Tn-County Health Department. No permit shall be issued for a ny individual wastewater disposal system employing subs urface so il abso rption facilities where the area of the lot does not meet the regul a tion s imposed by the Health Department a nd in no event where the a r ea of the Jot is Je ss than fifteen thousand (15 .000) square feet. f. The Tri-County Health Department shall be a ll owed to ins pect the work under this division at any stage of construct10n : and. m a n y eve n t . the applicant for the permit shall notify the Tn-County Health Department when the work is ready for final mspect10n a nd before a ny underground portions are cove red . Th e inspection shall be made within forty-eight (48) hours of the notice by the DH"eetar sf :Cutiue a CITY . exclusive of Saturdays, Sundays a nd legal holiday s .. 2. Wastewater or Septic Tank Haulers . Wastewater or septic tank haulers s hall not discharge any waste within the corporate boundaries of the City exce pt at discharge points designated by the~ CITY. All permitte d discharges shall comply with the terms of the septic hauler permit agreement. All violators are subject to the legal liabilities and penalties provtded m this Chapter. Section 204. Title 12 , Chapter 2, Section 3 · FEES AND CHARGES . Pa r agrap h A. Englewood Murucipal Code 1985 , is hereby a mended as follows : A. Purpose. It is the purpose of this Section to provide for the payment of all POTW costs. including lJtttities Depart,111e8t costs OF THE CITY 888 De11artme8t sf Waste , &ter Treat111e8t eeete . The total annual cost of ope r a t10n and maintenance shall include, but need not be limited to . labor , r e pairs , equipme nt r e placement, maintenance. necessary modifications , power , sampling, laborato ry testing a nd a reasonable contmgency fund . The charges will be based upon the quality a nd quantity of user's wastewater, and also upon the De11art111e8t ef lJtttities 888 Qe1uwt.111eat. ef \ltaa,e at,er Treat.meftt. capita] and operating cost s to tnterce pt, treat, and dispose of wastewater. The applicable charges shall be as se t forth herein . Section 205. Title 12 , Chapter 2. Section 3 · FEES AND CHARGES, Paragraph B. Subsection 6 , Englewood Municipal Code 1985, are hereby a mended as follows : 8 . General. 93 • I • 0 • • • • ' .. ,. • • 6 . Charges for service to customers inside the City limits shall be billed tn quarter-annual installments m advance . Charges for sewer only servi ce outside the City may, at the discretion of the Direetar af Fi,11ume1 Eer<tees CITY , be billed annually where this would not co nflict with special pro,,s1ons of a connector's agreement. All bills are due and payable as of the billing date a nd become delinquent thirty (3 0) days after the billing date. Section 206. Title 12, Chapter 2. Section 3 -FEES AND CHARGES , Pa r agraph C. Subsection 4, Englewood Municipal Code 1985 , is hereby a mended as fo ll ows: C. Special Cases: -t . Other Cases: Where the procedures a bove are not applicable . or wh e n application of same would work an obvious and significa nt miu sttce t o the customer, a rate shall be established by the~ CITY based on rea onable estimates of projected flow . Sectjog 207. Title 12 , Chapter 2. Section 3 -FEES AND CHARGES . Para graph D. ftr st paragraph only , Englewood Municipal Co de 1985, is her eby a me nd ed as follo ws : D. If any water or wastes are discharged , or are proposed to be di sc harged to tb e public sewers , which waters contain the substan ces or posse s the charactensttc enumerated in subsection 12-2-2B above and , in the j ud gme nt of t he Dwee tar ef ~ CITY, may have a deleterious effect upon the sewage works . processes. equipment or receiving waters, or which otherwise cr eate a hazard to life or constitute a public nuisance. the DiPeet,ep CITY shall also cha rge the foll owmg fees and take such enforcement action in accordance with Section 12 -2-6 of this Ch apte r as the DiPeet.eP CITY deems advisable. Section 208. Title 12, Chapter 2, Section 3 -FEES AND CHARGES) Pa r agraph E . Subsection 1, Subparagraph a ., Englewood Municipal Code 1985, is her eby amended as follows : E . Industrial Cost Recovery (!CR): I. a . Significant industrial users shall be monitored to determine strength levels. This s hall be accomplished according to a pretreatment progra m established by the Direetar af l:Jttlitiee eed eppra. ed il} tlte Elireetar af WeaM • at.er TreetmeRt CITY. The results of sampling and analysis will be recorded in the utilities office. reported to the affected industry and reported to regulatory agencies per this current directive . Sectjog 209. Title 12, Chapter 2 , Section 4 -PRIVATE SEWERS. CONNECTIONS AND REPAIRS , Paragraph E , Englewood Municipal Code 1985, is hereby amended as follows: E . Installation and Maintenance. All costs and expenses incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. 94 .. ... I • 0 - ( • • • .. ,,.. . • ... ... • - The service line from the public sewer main line to the structure to be se rved s h a ll be installed by the property owner at his/her expe n se. The owne r s hall hold the City harmless for any los s or damage that may directly or indirectly be occas ion ed by the ins tallation of the service line or the malfunction of a n y old private se we r. The owner of any property connecting to the POTW s hall be responsible fo r th e maintenance of the servic e line from the public sewe r to the structure to be se rve d . The owner s hall keep the se rvice line for which he/s he 1s res ponsible m good condition and shall replace at hi s /her expense any portions the r eof which . in the opinion of the Direet,er ef Utifit1es CITY. have become damaged or disintegrated as to be unfit for further use. or is m s uch condition to p ermit infiltration into the system. All repairs shall be co mpleted within thirty (30) days aft e r n otification a n d shall be completed by a bonded co ntractor. The owner s hall be r es pon s ibl e fo r returning the public right-of-way a nd the str ee t to acceptable City s tandards . Section 210. Title 12 , Chapte r 2. Section 4 · PRIVATE SE\\iERS. CON).'ECTI ONS AND REPAIRS , Paragraph F , Englewood Mumcipal Co de 19 85, is hereby amended as follow s : F. Oil a nd Grease Interceptor In stallation : I. Grease Interceptor Ins tallation Criteria : Grease trap inte r ce ptor s a r e reqm re d for all facilities used and op erated regularly for the sale of prepare d food. including but not limited to re s t a urants , cafes. fast fo od outlets. piz za outlets. delicatessens, sandwich s hops and any a nd all other kinds and types of food vending establishments m which any food pre paration (includi ng he ating or defrosting in or by means of a ny kmd of oven or he ating device) takes place o n the premises. whether or not s uch facilitie s are located m a separate buud.m g or structure or occupy s pace in a buuding or s tructure that is occ u pied by othe r businesses, as well as chools , churches. boarding houses with co mmunal kitchen facilitie s, nurs mg homes, a nd day ca r e ce nte r which h ave kitche n s and e ngage in the preparation of foo d . In a ddition . meat cuttmg facilitie s a nd others capable of di scharging s 1gmficant amounts of grease mto the POT\V s hall be required to mstall grease mterceptors. The e xception s hall be tho e faciliti es granted a variance by the DiPeeter ef Utilities CI TY with the app r oval of the Water and Sewer Board . Grease mterce ptor s s h a ll not be r eq uued fo r private res id e nces or dw ellings unl ess there a re co mme r cia l u ses with m the dwe llings tha t ge nerate a m ounts of grease beyond that generated by a res idential dw e lling. 2. Grease Interceptor Sizing Crite ria : The DiPeeter ef Utilities C ITY s hall promulgate rules, regulations a nd criteria for grease inter cept or s izing. 3 . Inspection of Grease Interceptors: The Dtreeter ef Utilities CITY s h a ll establish an inspec~ion program for grease interceptors. The DiPeeter ef ~ CITY shall develop rules and regulations to inventory all grease interceptors and document the inspections of these interceptors. 4 . Grease Interceptor Pumping Schedules : Al.I u sers co nnected to grease interceptors will be required to pump out the u interce ptors a t mte rvals determined in rules , regulations and cntena promulgated by the D1Peeter ef ~CITY. 95 • .. ) I • 0 - • • • .. • .. .. • • 5 . Biological Treatment: Biological treatment sha ll not be a s ubstitute for t he pumping of the grease interceptor. 6 . Existing Sources Not Co nnected to Grease Interceptors : Existing so urces not co nnected to grease interceptors and which co ntribute significant amo unts s hall be identified through inspection of the co llection systems. Once these so urces are identified. they will be requued to impleme nt best management practices (BMP's) to keep oil and grease out of t he POTW . The DireetBP Bf ~ CI TY s hall promulgate rules, regulations a nd criteria for BMP's. If the BM P 's are not s ucce ssful at the facility and the facility co ntinues to con tnbute significant amounts of oil and grease to the sanitary sewer . as documented by field inspections, then the facility will be r equired to install an adequately sized grease interceptor. i . Right of Entry : Whenever it is necessary to make an inspectio n to e nforce a ny prov1s1ons of this Section , or whenever the Elireeter er h1 s~er eesignee CITY believes that there exists in any premises s ubject to this Section a ny co ndiuon or violation with regard to the use and maintenance of oil a nd grease mterceptor . the El1J"eetBP sf l:tiMies BP hi s.Cher eesignee CITY PERSONNEL may enter s uch premises to in spect the same pr ovided that he/s he s hall Bf'Bt ~ proper crede ntials BE PRESE!\'TED a nd r eq uest and be granted entry, or otherwise have grounds for a search warrant exception as may be a uthorized by law . If requested e ntry be refused . w Elit eet,er sf IJtitities BP hi s iher ~ CITY shall have reco urse to eve ry r emed y provided by law to sec ure entry, including an issuance of an adm1m str at1ve wa rra nt from the Municipal Court or from the Di strict Court of the State of Co lorado having jurisdiction. Section 211. Title 12 , Chapter 2 . Section 4. · PRIVATE SEWERS . CO!\'NECTIO NS AND REPAIRS , Paragraph G, Englewood Municipal Code 1985 . is here by amended as follows : G . Permit Required : Before commencement of co nstruction of a private sewage disposal system , the owner s hall first obtain a written permit signed by the DiPeetBP Bf l,Jtilttiee CITY . Section 212. Title 12 . Chapter 2, Section 4 · PRIVATE SEWERS , CONNECTIONS AND REPAIRS , Paragraph H , Englewood Municipal Co de 1985 , is here by amended as follow s: H . Connection Requirement: I. The applicant for the private sewer permit shall notify the Elireeter ef l:Jtitities CITY when the private sewer is ready for inspection and co nnectio n to the public sewer . The applicant must have secured a permit and have met all City requirements . The connection shall be made under the supervision of the Elireet.er ef Utilities er hie~er CITY'S representative. 2 . The owner of any structure used for human occ up a ncy. e mployme nt or activity , situate within the City, may be required at s uch owner's expense to connect such structure to a public sewer, if such a public sewer is within four hundred feet (4 00') of the property line of the property upon which the structure is 96 • 0 I • 0 - ( • • • .. ~ ,,-. • , . • -' located. Such connection shall be made within ninety (90) days after notice from the DiPeet&r CITY is served on the owner of the property affected : provided , however, that in the event compliance with this s ubsection causes severe economic hardship to said person, he/she may apply to the City for exemption from this subsection. Such applications shall state in detatl the circumstances which are claimed to cause such economic hardship. Such exemptions shall only be granted to residential users. shall not apply to other users , and shall be granted only for such time as the demonstrated hardship exists. Service shall be considered complete upon delivery of the notice to the owner of the property or by posting a copy of the notice on the property in question in a conspicuous place and by mailing a copy of such notice , regis tered mail. to the record owner of the property as disclosed and at the address s hown m the current records of the Arapahoe County Assessor . 3. If a public sewer is not available withm four hundred feet (-lOO') of the prope r ty line of the property upon which a house or bu1ldmg is loc a ted. a private sewage disposal system constructed in accordance with a pplicable regulation s of the Health Department shall be utilized to di s po se of se wage . 4 . In cases where a public sewer was not previous ly available with.in four hundred feet (400') of the property line of a property but a public sewer later becomes available within such distance , the owner may be required to connect with the public sewer as provided in s ub section H2 above . In such event, after the connection is completed, the private sewage dispos al s ystem shall be e mptied . cleaned and filled with sand or dirt. 5. It shall be unlawful for any person to deposit or discharge , or to cause to be deposited or discharged, to any wastewater collection facilitie s any so lid or liquid waste unless through a connection approved by the City . Section 213. Title 12. Chapter 2, Section 5 · IND USTRIAL WASTEWATER DISCHARGE PERMITS. Englewood Municipal Code 1985 , is hereby amended as follows: 12-2-5: INDUSTRIAL WASTEWATER DISCHARGE PERMITS: A . Wastewater Discharger. 1. There shall be no discharge of wastewater into the POTW, or in any area under the jurisdiction of said POTW , without a wastewater discharge permit (exce pt as authorized by the~ CITY in accordance with the provisions hereof). 2. Permit Issuance . The ~ CITY shall issue a wastewater discharge pe rmit to the applicant if he li11ds that all of the following conditions are met: a. Application for permits shall be made upon written form s prepared by the DiPeet&r CITY and shall contain, in addition to other item s : (l) Name and address of user. 97 . ) I • 0 • • -• --· • • - (2) Name and address of corporate agents for service if the applicant is a corporation. (3) Printed name, signatures, date of birth. and position of person signing the permit for the user. (4) Not later than three (3) business days . the user will notify the ~ CITY of the identity and address of changes in the corporate agent for service for co rporations . (5) Not later than three (3) business days , users are required to notify the~ CITY of changes in the identity , address. date of birth, and position when the position of the user signatory to the permit is changed. and not later than two (2) weeks from such change the permit will be changed by an addendum to reflect the new signatory . b. The proposed new discharge is in compliance with the proh1b1t1on s and limitations of Sections 12-2-2 and 12-2 -7 of this Chapter: c. The proposed new discharge would permit the norm a l and effi cient operation of the wastewater treatment system: and d. The proposed new discharge would not re sult 10 a v1olat1on by the City or the Metro District of the terms and conditions in its NP DES pe rmit. e. Existing discharges may be permitted providing they meet all requirements of subsections A2a . A2b , A2c and A2d of trus Secuon . or providing a compliance schedule be issued for bnngrng the discharge into compliance with subsections A2a . A2b . A2c and A2d of this Section . 3. Permit Denial and Appeal. a . Failure of any applicant to provide the information required m trus subsection A will result in the permit being denied . b . In the event an application for a wastewater discharge permit is denied , the~ CITY shall notify the applicant in writing of such denial. Such notification shall state the grounds for denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit . c. Upon receipt of notification of denial of a permit application, the applicant may request and shall be granted a hearing to be held by the ~ CITY . At such bearing the applicant shall have the burden of establishing that the conditions set out in this Chapter have been met and that a permit should be issued. The hearing shall be held within thirty (30) days of the applicant's request but may be continued upon a showmg of good cause to do so by either the City or the applicant. d . Upon review of the evidence, e,. the~ CITY , he shall. he shall make findings of fact and issue an order directing that a wastewater discharge permit be issued. or directing that such permit shall not be 98 • '> . I • 0 • • _.,... • • - is s ued. or gi ve uch other or furth r ord e r s a n d d.1r ect1ves as are neces sary and a ppropnate . B . Sewer Tap Permits . 1. A sewer tap permit for a s ingle-family . mult1 -fa mtly . r esidential. and/or commercial u ser s hall remain in effect until t e rmma t e d by the City . 2 . All users propos ing to connect to the was t e water sys t e m s hall obtain a construction permit before connection to and/or di sc harging to the s ystem . Users shall complete and file with the E>if'eeter af 1:Jti,l,itiee CITY a n a pplication in the form prescribed by the Qi ie1eRe CITY a nd accompanied by a fe e a s se t forth in Schedule B . In support of the application . the u ser s hall s ubmit. in units and terms appropriate for evaluation. the foll owmg mformauon : a . Name , address, location of discharge (if different from the a ddress). b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972 , a s amended. c. Time(s) and duration of discharge . d. Site plans, floor plans , mechanical and plumbing plans and detatl s to show all sewers, connections. and appurtenances by size, location a nd elevation. If deemed necessary by the City , such plans shall provide for separate systems for handling sanitary and indus trial wastewater . Nonresidential buildings may be required to have installed a sewer sampling manhole for City access to its wastewater being discharged to be installed per City engineering requirements . e. Description of activities , facilities and plant processes on the premises , including all materials which are or could be discharged . f. Each product produced by type , amount, and rate of production. g. Number and type of e mployees and hours of work . h . Any other information de e me d by the E>treeter ef Uti,l,itiee CITY to be necessary to evaluate the permit application. C . Industrial Permits . 1. The~ CITY s hall reqmre a s igmficant industrial user to o btain an industrial permit. Proposed new s ignificant industrial us ers shall apply a t least ninety (90) days prior to connecting to or contributing to the POTW . User s s hall complete and file with the~ CITY an application in the form pres cnbe d by the E>epal'tmeRt CITY and accompanied by a fee as may be required , containing information, in addition to that required for a general permit, m units and terms appropriate for evaluation, a s follows : a. Wastewater Quantity and Quality. Quality characteristics include , but are not limited to , those mentioned in Section 12-2-7 of this Chapter as determined by a reliable analytical laboratory ; sampling and analys is 99 • ., ) I • 0 • • • ,,-. • • - shall be performed m acco rdance with proce dures establishe d by the EPA pursuant to se cnon 304(g) of the Act a nd co ntamed in -10 CFR. part 136 . as a mended . b . Average daily a nd tlurty (30) mmute peak wastewater fl ow rates . includrng daily , monthly a nd sea on al \'ariattons , if any . c. Whe re known . the quantity a nd pec1fic nature of any pollutants m t h e discharge which are limited by any pretreatment s tandards , and a statement regarding whether or not the pretreatment standards are being me t on a co n sis tent basis . a nd . t.f not. whether a ddit10n a l operation and mainte na nce and/or a ddinonal pretreatment 1s r eq uired for the user to meet a pplicable pre treatme nt s tandards. cl . Written de cnptton a nd diagram of existing pretreatme nt e qmpme nt. t.f any , mcluding. but n ot limited to . treatment processes. treatment tank dimens ions a nd ret e ntion ume . chemical s upplies. operating perso nne l a nd ce rtifi cation , a nd plumbing diagram of treatment sys t e m . e . Co mpliance Schedule . If additional pretreatment a n d/o r O & '.\I will be r e quired to meet the pretreatment s tandards . the sc hedul e by which the u se r will provide s uch additional pretreatme nt. The co mp!e tton date in this sc hedule s hall not be later than the co mpliance date esta blished for the application pretreatment re quire me nts. Th e following conditions s hall apply to this sc hedule : ( l) The schedule shall contain increments of progre ss m the fo rm of dates for the commencement a nd completion of maJ or e \'e n ts leading to the construction and operation of additional pretreatment required for the u ser to mee t the applicab le pretreatment requirements. (2) No increment referred to m s ubsect10n C l e s hall e xc ee d nme (9) months . f. Any other information dee med by the ~ CITY to be neces ary to evaluate the permit application . 2. Pe rmit Modifications. U pon enactment of an NCPS and with.in the time prescnbe d thereby, the industrial permit of users s ubj ect to s uch standards s hall be revi sed to require compliance therewith . Where a u se r , s ubj ect to a n NCPS, has not prevtously submitted an application for a permit, the user s hall apply for a permit within thirty (3 0) days after notice of the enactment of the applicable NCPS . The u ser with an existing wastewater discharge permit s hall submit to the~ CITY within thirty (30) days after s uch notice, the information required pursuant to this subsection. The terms and conditions of the permit shall be subiect to modification by the~ CITY during the term of the permit as limitations or requirements are modified or other just cause exists as determined by the~ CITY. Any changes or new conditions in the permit s hall include a reasonable time schedule for compliance , as determined by the~ CITY. In the event the discharge permit previously granted shall be materially and s ubstantially changed as determined by the f)tPeet,ef CITY . the person previously granted s uch permit 100 • I • 0 ( • • -• • .. . . • -.. shall make a new application to the City , in the same manner and form as originally ma de . 3. Permit Conditions . Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations . user charges and fees establi shed by the City. Permits may contain, but are not limited to. the following: a. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system . b . Limits on the average and maximum mass and/or concentration of wastewater constituents and charactenstics. c. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalizations . d . Requirements for installation and maintenance of inspection and sampling facilities . e . Specifications for monitoring programs which may include ampling locations . frequency of sampling, number, types and standards for tests and reporting schedule . f. Compliance Schedules and Reporting Requirements . Not later than fourteen (14) days following each date in the sc hedule and the final date for compliance. the user s hall submit a factual progress r e port to the ~CITY including as a minimum, whether or not the u ser complied with the increment of progress to be met on such date . g. Requirements for subm1ss1on of technical reports or discharge r e ports . h . Reqwrements for maintaining and retaimng plant rec ords r e lating to waste water discharge as specified by the City a nd affo rding City access thereto. i. Requirements for notificat10n of the City of any new introduction of wastewater constituents or any s ubstantial change m the volume or character of the wastewater constituents being introduced into the wastewater treatment system. j. Daily average and daily maximum discharge rates , or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the u ser 's wastewater discharge . k. Requirements for Notification of Slug Discharges. Evaluate, at least once every two (2) years , whether each such significant industrial user need s a plan to control slug discharges . A slug discharge is any non -routine, episodic nature, including. but not limited to, a n accidental s pill or a non-customary batch discharge. The re s ults of s uch activities shall be available to the approval authority upon request. If the~ aeeieee CITY DETERMINES that a slug control plan is needed , the plan shall contain, at a minimum , the following elements: IOI • ) I • 0 ..... • • • i• ·~ • ... • - (1) Description of discharge practices, including non -routme batch discharges ; (2) Description of stored chemicals ; (3) Procedures for immediately notifying the CITY AND THE POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(B). with procedures for follow-up written notification within five (5) days: (4) If necessary , procedures to prevent adverse impact from acci dental spills, including inspection and maintenance of storage areas . handling and transfer of materials, loading and unloading operations, control of plant site run -o ff. worker traimng, building of containment structures or equipment. meas ures for containing toxic organic pollutants (including so lve nts), and/or mea s ures and equipment for emergency response . 1. Requirements for separate systems to handle sanitary and mdu tnal wastewater, such that in the event the user's industnal wastewater is causing or could cause an interference or a potential interference with the POTW . the mdustrial wastewater could be severed , preventing discharge mto the POTW and still allowing the user 's sanitary wastewater to discharge into the POTW . m. (1 ) Reqwred When Necessary by~ THE CITY : Exception . Grease , oil and sand interceptors shall be provided when, m the op1ruon of the~ CITY, they are necessary for the proper handling of liqwd wastes containing grease in excessive amounts, or any inflammable wastes . sand and other harmful mgred ients : except. that such interceptors shall not be r eq uired for pnvate living quarten: or dwelling units . (2) Construction Specifications . Grease and oil interceptor s s hall be constructed ofimperv10us matenals capable ofw1th tandmg abrupt and extreme changes in temperature . They shall be of substantial construction. watertight and equipped with easily removable covers which , when bolted in place . shall be gastight and watertight. All interceptors shall be of a type and capacity approved by the QiPeet.er ef Ut.itities CITY and s hall be located so as to readily and easily be accessible for cleaning and inspection . (3) Maintenance by Owner. Where installed, all grease, oil a nd sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times . n. Other conditions as deemed appropriate by the City . 4. Permit Duration. Permits shall be issued for a specified time period. not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of one hundred and eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit 102 ' . .. 0 I • 0 ] • • • • .. • -' may be s ubj ect to modification by the City during the term of the permit as limitations or requirements are modified or other Just ca uses e xi st. The u e r s hall be informed by any proposed changes in hi s permit a t least thirty (30) days prior to the effective date of change. Any changes or new co ndltlons in the permit shall include a reasonable time schedule for compliance . Any permit may be canceled or terminated for failure to comply with the requir ements hereof. 5. Permit Transfer Prohibited. Permits are issued to a specific user fo r a s pecific operation. A permit shall not be so ld. traded, assigned. transferred or s ublet. D. Monitoring Facilities . l. The industrial user shall provide and operate. at its expe nse . m omtonng equipment and facilities sufficient to allow mspection . samplrng a nd fl ow measurements of the building sewer and/or inte rnal dramage systems . The monitoring facility should normally be situated on the industrial user' premises . but the City may, when such a location would be impractical or cause undue hardship on the industnal user, allow the facility to be co nstructed in the public street or idewalk a rea . and located so that it will not be obstru cted by landscaping or parked velucle . The facility should be capped with a watertight lid and that facility s hall not be located m a street or gutte r . 2. There s hall be ample room m or near s uch momtormg ma nh ole or facility to allow accurate sampling and prepa ration of samples for a nalys is . The facility . sampling and measuring equipment shall be maintained at all time · m a safe and proper operating condition at the expense of the industrial user . 3. Whether co nstructed on public or private property. the sampling a nd monitoring equipment and facilities shall be provided in accordance with the ~ CITY re quirements and all applicable local construction standards and specifications . Construction shall be completed within sLx t y (60) days following written notification by the~ CITY . 4. Whenever required by the J:>i,peeter ef Utilities CITY , the owner of any property se rviced by a private sewer carrying nonres id e ntial wastewater s hall m stall a monitoring manhole for each se parate disc harge in the private sewer m accordance with plans and s pecifications approved by the Qi. is1e11 e11g111eer CITY, installed and maintained at all times at the mdustrial user's ex pense , which s hall have ample room in eac h sampling chamber to take accurate flow proportioned composite samples for analysis. The monitoring manhole s hall be safely , easily and mdependently accessible to e11 e\ltlleri~eEI reJlrese11tet1 e ef the POTW CITY PERSONNEL at all reasonable times . a. Each monitoring manhole shall contain a Palme r-Bowlus flume or s unilar device approved by the J:>ireeter ef {;tiiities CITY with a recording and totalizing register for mea s urement of the liquid quantity : or at the discretion of the J:>ireeter ef Utlfftiee CITY the metered water s upply to the industnal plan may be used as the liquid quantity , or where a measurable adjustment agreed to by the J:>ireeter e{ Utilities CITY is made in the metered water s upply to determine the liquid waste quantity . 103 • ,. I • 0 ·] • • • • • - b. Sampl es shall be taken a nd prop erly prese rved in acco rda nce with 40 CFR 136 , as a mende d , a nd s hall be a r epresenta tive twe nty-four (2-1 ) hour s ample. Such sampling s hall be done as prescribed by the ~ CITY to ens ure representative quantities fo r the entire r e portmg pen od . Ce rtain pollutant parameters s uch as, but not limit ed t o, cya mde . phe nol. pH . oil. grease . a nd/or chlorine demand wlu ch cannot be collect ed by using a comp os ite sample may be co lle cte d by t he use of a "gra b" sample . c. The frequency of sampling, the monitonng ma nhole. t h e mete nng devt ce , sampling methods a nd analys is of samples s h a ll be s ubJ ect. a t a ny ttme . to inspectio n a nd ve nfication . d. All meter ing a nd sample co ll ecti on sha ll be d one by t he user . 1ty or a private entity a nd a t t he r equest of t he use r or t he City, s haU ha ,·e a s pli t fl ow sample for optiona l a na lysts. e . The industrial user or a n a pproved private e ntity is r eq wred to a nalyze the sample in acc ordance with the requireme nts establi hed in ecuon 12-2-5G of t hi s Chapte r . All testing ff! SHALL BE at t he e xpe nse of t he ind us trial user . 5. The E)iPeeteP ef t!tttitiee CITY may r equire tha t the moni to nn g facilittes be installed in a permanently fixed a bove-ground encl os ure . 6 . Subject to the DiPeeteP 's CITY'S approval, a ny user may provi de or has t he option to contract with the City or any private entity to pronde s uch sernce as deemed necessary, including, but not necessarily limited to , the fo ll owm g: a . Monitoring facilities b. Ins pection and sampling c. Laboratory a nalysis E . Ins pection. I . The DiPeeteP ef Utttities, lue CITY 'S re presentatives , or r e prese nta t ives of t he Metro Di strict may inspect the equipme nt a nd fa cilities of a n y u ser a t a ny reasonable time t o ascertam whether the applicable ordinances, rules a nd r egula tions are be ing complied with . Per sons or occupants of premises wh e re wastewater is cr eated or discha rged s hall allow the E>iPeeteP , hte PeJlPeseBtetive e, CITY or representa tives of the Metro District, r eady access a t a ll re a sonable times to all pa rts of the premises for the purpose of in s pec tion , sampling, re cords examination a nd copying, or the pe rformance of other duties . The~ CITY , Metro District, State and EPA s hall have the right to set up on the user's property such devices as are necess ary to conduct sampling inspection , compliance monitoring and/or metering operations. Where a user has security meas ures in force which would require proper identifica tion a nd cl earance before entry into their premises , the user shall make neces sary arrangements with their security guards so that upon presentation of s uitable identification, personnel from the~ CITY , Metro District, State, and EPA will be pe rmitted to enter, without delay. for the purposes of pe rforming their specific re sponsibilities . 104 • .. ) I • 0 - • .. • ,,-. • ) .. ,. .. • -.. 2. While performing the necessary work on private properties . the Dweeter er duly authorized representative of the City shall observe all safety rules applicable to the premises established by the bus iness. F . Failure to Permit Inspection . In the event a duly authonzed representative of the ~ CITY is refused admission for any purpose , the ~ CITY may cause water service to the premises in question to be discontinued until the ~CITY representative has been afforded r easonable access to the premises a nd sewer system to a ccomplish the inspection and/or sampling. G . Sampling and Analysis . All analyses shall be performe d in acco rda nce with procedures established by the Administrator pursuant to section 304 (g) of the Act and contained in 40 CFR. part 136 , and amendments thereto . or with a ny ot he r test procedures approved by the Administrator. Sampling a nd analy 1s s h all be performed in accordance with the techniques a pprove d by the Adm1ru s trator . H . Confidential Information Provisions . 1. Information and data on an industrial user obtained from reports. questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other gove rnme ntal agen cy without restriction unless the user specifically requests a nd is a bl e to demonstrate to the satisfaction of the E>weeter ef ~ CITY that t h e release of such information would divulge information. processes or me thod of production entitled to protection as trade secrets of s uch use r . When r equested by such user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related hereto, the NPDES permit. a nd/or the pretreatment requirements : provided, however. that such portions of a report s hall be available for use by the State or any State agency in Judicial review or enforcement proceedings involving the user furnis hmg the report. Wastewater constituents and characteristics will not be r ecogruzed as co nfide nti a l information. 2 . All records relating to compliance with pretreatme nt s tanda rds s h a ll be made available to officials of the Metro District . EPA or the approval a uthority up on request. I. The Metro District shall have full authonty to ac t and pe rform such functions a s are provided for in article [V of the special connector agreement between the City and the Metro District. J . Reporting Requirements for Industrial Users. l . Notification Requirements . The Dweeter CITY shall notify all affected industrial users of the applicable reporting requirements unde r 40 C FR . section 403 .12 of the Federal General Pretreatment Regulations for Exis tmg a nd 11:ew Sources. 2 . Baseline Report. Within ninety (90) days after the promulga tion date of a categorical pretreatment standard, all existing industnal users in s uch 105 • ' I ) I • 0 • • • • ,. • - category are required to submit a factual report wluch contains the information listed in paragraphs (b) (1)-(7) of section 403 .12 of the Fede ral General Pretreatment Regulations for Existing and New Sources . New categorical mdustrial users are required to submit to the City a factual r eport which contains the mformation listed in paragraphs (b) (1 )·(5) of section .t0 3. l 2 of the Federal General Pretreatment Regulations for Existing and '.'Jew Sources . 3 . Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source . followmg commencement of the introduction of wastewater into the POTW , a ny use r subject to pretreatment standards a nd requirements shall submit to the ~ CITY a factual report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which a r e limite d by pretreatment standards and requirements , and the average and maXJmum daily flow for those process units in the user's facility which are limited by s uch pretreatment standards or requirements . The report shall s tate wh ether the applicable pretreatment standards or requirements are being me t on a consistent basis and. if not , what additional O&M and/or pretreatment 1s necessary to bnng the user into compliance with the a ppli ca bl e pretreatment standards or requirements. This statement s hall be s igned by a n authorized representative of the industnal user a nd certtfied to be a qualified profe ss ional. 4. Penodic Compliance Reports. a . Any user subject to a pretreatment s tandard . afte r the co mpliance date of such pretreatment standard, or, m the case of the di s charge mto the POTW . shall submit to the~ CITY during the months of June and December, unless required more frequently in the pretreatme nt standard or by the~ CITY, a factual report covermg the preceding six (6) months and indicating the nature and co ncentration of pollutants in the effluent which are limited by such pre treatment standards. In addition. this report shall include a record of average and maxim um daily flows for the reporting period for all regulated processes . At the discretion of the ~ CITY and in cons1dera tio n of such factors as local high or low flow rates. holida ys. budget cycles. etc .. the~ CITY may agree to alter the months during which the above reports are to be submitted. b . The ~ CITY may impose mass limitations on users where appropriate . In such cases , the report reqUU'ed by s ubsection J4a of th.i s Section shall indicate the mass of pollutants regulated by pretreatme nt standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge . including the flow and the nature and concentration, or production and mass wh ere requested by the~ CITY of pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to section 304(g) of the Act and con tamed in 40 CFR, part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling s hall be performed in accordance with the techniques approved by the Administrator. 106 .. .. .. ) I • 0 ( • • -• ,. • • • Section 214. Title 12. Chapter 2 . Section 6 -ENFORCEMENT AND PENALTIES. Englewood Municipal Code 1985 . is hereby amended as follows: A. Requirements for All Reports. All reports required by any order of the ~ CITY. wastewater contribution permits, this Ch a pter a nd/or State or Federal law will be made promptly in acco rd a n ce with any prescribed time r equirements . Such reports will be complete a nd thorough. a nd they will acc urately a nd truthfully r eport facts as t hey exist a nd any co nclusio ns in such r eports will be re sponsive to a nd co nsistent with the so urce data in the report. It is a violatio n of this Chapter 1.f any such required report is not s ubmitted or, if s ubmitted. is inaccurate. co ntains untrue information . or is not responsive, accurate or truthful in whole or in part. Any act or failure to ac t prohibited by this s ubsecti on may be deemed to have occurred or to have been co mmitted at the place at which the report 1s or should have been initiated or at the place where the re port is or shou ld have been r ece ived . B. Enforcement Authority. The~ CITY may adopt procedures a nd rules for the implementation a nd adm ini stration a nd shall en fo r ce the prov1 s 1ons contained herein. C. Notification of Violation. Whenever the~ CITY find that any p r so n has violated or is violating this Chapte r . or a ny prohibmon, lim1tauon or requue me nt co ntained herein , Jle THE CI TY may serve upon such pers on a written nou ce stating the nature of t he v10 lat1o n a nd providing a rea so nabl e time. not to exce ed thirty (3 0 ) days . for the satisfactory co rrectio n thereof. A meetmg with the ~ CITY MANAGER OR DESIGNEE may be sc heduled at the requ es t of the v10lat m g perso n or the~ CITY MANAGER OR DESI G:-JEE to discuss the vwlation and/or a satisfactory correction schedule. D. Methods of Notification. Any notification required herem shall be served eithe r perso nally or by registered or certified mail . E. Suspension of Service . The City may s uspend the wastewater treatment serV1c e and/or a wastewater di scharge permit when su ch suspension 1s necessar y. in the opinion of the~ CITY MANAGER OR DESIGNEE, m ord er to stop a n actual or threatened discharge which presents or may prese nt a n imminent or substantial endangerment to the health or we lfare of persons . to the e nvironme nt . causes interference to the POTW, or ca use s the POTW or the Metro Di strict to violate any condition of its NP DES permit. Any person notified of suspension of the wastewater treatment servic e a nd/or t he wastewater discharge permit shall immediately stop or eli minate the discharge . In the eve nt of a failure of the user to comply voluntarily with the s us pensio n order . the~ CITY may take s uch steps as deemed necessary . including im me di ate severance of the se wer connection, to prevent or minimize damage to the POTW or e ndangerment to any individuals. The ~ CITY s hall reinstate the wastewater discharge permit and/or the wastewater treatment servic e up on proof of the elimination of the noncomplying discharge. The user s hall pay all POTW costs and expenses for any s uch suspension and r esto ration of service . A detailed written statement submitted by the user de scribing the causes of the harmful co ntribution and the measures taken to prevent any future occurrence shall be s ubmitted to the~ CITY within fifteen (15) days of the date of occurrence . 107 • I • 0 • • • ---. • , ..... • - F . Permit Revocation . Any user who violates the following conditions hereof, or applicable State and Federal regulations, is subject to having his permit revoked : l. Failure of the user to comply with the provisions in subsect10n 12 ·2·5A2a of this Section ; 2. Failure of a user to report factually the wastewater con stitue nts and characteristics of its discharges; 3 . Failure of the user to report significant changes m operations or wa stewater constituents and characteristics : 4. Refusal of reasonable access to the user's premi ses for the purpose of mspect1 on of monitoring; 5. Violation of conditions of the permit or this Chapter or a ny fin al Judi cial ord e r entered with respect thereto : 6 . Failure to pay any fees or charges ; i . Tampering with, disrupting. or de s troying City equ1pm ent a det e rmmed by the~ CITY MANAGER OR DESIGNEE, wh1ch determmat1on shall be conclusive : Failure to report an accidental discharge of a toxic pollutant or any pollutant above levels authorized in the permit. G . Legal Action Authorized . If any user discharges into the POTW contrary to the provisions of this Chapter, Federal or State pretreatment requirements , or any order of the City , the City Attorney may commence an action for appropriate legal and/or eqwtable relief, including a petition in a court of competent Jurisdiction for a temporary restraining order, preliminary and permanent injunction against the violation . H. Termination of Service. The City may terminate or cause to be terminated wastewater treatment service to any user for a violation of any provisions herein . I. J . Civil Liability for Expenses . Any person violating the provisions herein shall be liable for any expense, loss or damage caused the City by reason of such violation, including the increased costs . if any , for managing effluent and/or s ludge . The person shall also be liable and pay all attorney fee s. court costs, and expenses necessary to enforce any provision of this Code . The ~ CITY s hall add such charge to the discharger's treatment charge. Civil Fine Pass Through. In the event that a user discharges such pollutants which cause the City to violate any condition of its NPDES permit and the City is fined by EPA or the State for such violation, then such user shall be fully liable for the total amount of the fine assessed against the City by EPA and/or the State . K. Criminal Penalty and Fines. 108 • "' I • 0 • • .,,-. • • - I. Any person who ,,olates any condition of the permit. Di-PeeteF 's C ITI"S order, or any provis10n of t his Chapter s hall be subject to a fine of not more than two thousand dollars ($2.000.00) or by imprisonment m the Co unty jail for a period not t o exceed one (I) year or by both s uch fine and imprisonment for each v1olat1on . Each day in which any violation s hall co ntinue shall be deemed a separ ate offe n se . 2 . Any fine and/or any jail se ntence imposed under the provisions of the foregoing s ub ect1on Kl of tlus Section may be s uspended for a ny period not to e xceed three (3) years . L. Civil Penalties . In addition to any other pe nalties provided here m. the City may recove r rea so nable a ttorney's fees. court costs. co urt reporter s · fee s . and other expenses of ht1gation by appropriate legal action against the use r found to h ave v10lated a n y provisi ons he rei n . or the orde r s . rules . regulations. a nd permits issued h e reunde r . The Attorney fo r the City , upon r equest of the City Co uncil. s hall petition an appr opnate co urt to impose , assess . a nd recover s uch s um s . Any pe r so n wh o s hall VI Oiate a ny co nd1t10n of the permit, Di-Peetep 's CITY"S ord e r . or a n y prov1s1on of tlu Chapter hall be s ubi ect to unmediate disconnection of the ewer servtcmg the property upon or in co nnection with which the violatton occ urred . M. Appeal Proce dure and Order. Any permit applicant. permit holder. or othe r u ser affected by a n y dec1 s10n. action. or determination , including cease a nd desis t orders, made by the City other than any Judicial action filed or unde r litigation in any court mcluding the Englewood l\lumc1pal Co urt. or a ny permit issued hereunder. may file with the ~C ITY a wntte n request for reconsideration and a stay of the dec1S1on within ten (10) day s of uch dec1s1on . act io n . o r determination, setting forth in detail the facts s upporting the request. where upon the~ CITY shall hold a heanng . Th request fo r r econ sider ation hall be acted upon by the~ CITY within ten (10 ) days fr o m the date of filing. The decision, action or determination may be stayed dunng s uch penod of review by the ~ CITY MANAGER OR DESIG!\EE. If the decision of the~ CITY MANAGER OR DESIG:,,.'"EE 1s unsatisfacto r y to the person appealing, lte THEY may file a wntte n appeal to the Water and Sewer Board within ten (10) days after recei pt of the decision . The Water and Sewer Board may hear the appeal and s hall make a final ruling on the appeal within thirty five (35) days of receipt of the u ser's written a pp eal. The dec1 s 1on . action or determination of the ~ C ITY !VIA 1AGER OR DESIGNEE may be stayed dunng s uch period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence. it may issue a n order to cease and desist to the user responsible for the discharge directing that. following a s pecified time period. the sewer service be discontinued unless adequate treatm ent facilities , devices or other related appurtenances are properly operated. Furthe r orders and directives as are necessary and appropriate may be issued. The decision of the Water and Sewer Board s hall be binding on all e ntities and the u ser until and unless ruled otherwise by an appropriate court . Sectjon 215. Title 12. Chapter 2. Section 7 -LIMITATIONS ON DISCHARGE . Paragraph B. Englewood Municipal Code 1985 , is hereby amended as follows : 109 I • 0 • • --------------------~---, .. ·--~-------------------------- • ) . •' ,. ,-. • • - .. B . Special Conditions May Be Granted: Industrial allocations may be approved under special conditions as determined by the E>ifoeeter ef Uti±ities CITY l\'IANAGER OR DESIGNEE. The maximum daily allowable industrial loading s hall be allocated through significant industrial user permits. The total loadmg to all permitted industrial users shall not exceed the level specified be low . Ch a nges m loc:il limits due to increased or decreased loading in the service a r ea may ca use a change m allocations granted under these special conditions . Industnal use r s hall monitor and report daily flows as required by the wastewater co ntnbuuon permit. Allocations may be revoked by the DifoeeteP CITY a nd hall not be co n sider ed property rights. Pollutant Or Pollutant Property Arsenic, Total (As) Cadmium, Total (C d) Chromium VI (HEX Cr) Copper, Total (C u) Lead, Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se) Silver, Total (Ag) Zinc, Total (Zn) Daily Max.unum All owabl e lndustnal Load {Lbs/Davl 10 .559 1.558 3.33 1 19 .18 1 12 .7 89 0 .0 0193 26 .286 11.634 4.il9 4.i27 li3.047 Section 216. Title 12, Chapter 2 , Section 9 · CONSTRUCTION OF SEWERS: EXTENSION OF MAINS : COSTS: INSPECTION, Englewood Municipal Code 1985. is hereby amended as follows: A. When an application is received to extend the collection main in order to serve the applicant or user whose property is located with the City, the City shall make such extension at its own expense, subject to recovery of said costs and provided that the extension is to serve land properly subdivided. In the event that the extension is to serve nonsubdivided, industnally zoned lands within the City, the~ CITY MANAGER OR DESIGNEE may require that the applicant or user extend the collection main at hts own cost and expense, subject to an equitable method of recovery of costs . B. c . The individual collection mains outside the corporate limits shall be by pipes, mains or service lines and appurtenances installed by the individual or connector. and the City shall assume no obligation for costs of construction therefor. All services shall be connected under the same provisions as may be required by the City for connections within its corporate limits. All charges for sewage collected outside the corporate limits of the City shall be computed from rates set out in Section 12-2-3 of this Chapter. Quality control of privately constructed collection mains feeding the City treatment plant shall be assured by on-site inspectors provided by the City of Englewood E>e11ert111.eet ef Utilities, which agency shall include the monitoring of collection 110 • ' • I • 0 • • • • ,, /" . • • - main co nstruction and the lamping of mains when construction is complete. Charges for these services s hall be billed to the res ponsible co ntractor. as follows: 1. Inspection (one man); weekdays ... After normal duty hours, weekends and holidays . . . 2. Lamping (crew of 2 men): weekdays After normal duty hours . weekends and holidays . . . . . . . . . $12 .50/hr. $18.75/hr. $25.00/hr. . $37.50/hr. When an application is received for connection to mams or facilities not owned or controlled by the City, a permit for said co nnection will be granted only in those cases in which the E>e11Mtme1n ef Cttlities CITY s hall have been duly a uthorized . in writing, by the owner in control of s uch mam or facilities to grant s uch permit. Section 217. Title 12 . Chapter 3, Section 2 · LI CENSES IS Sl.iED. 0:0,iD!TlONS , Englewood Municipal Code 1985, is hereby amended as follow : The City Water and Sewer Board may issue s uch lice n ses to a n y perso n . fi.rm or corporation. private or public, upon such terms and co ndition s a s s hall not be m co n s 1s tent with the intended use of said City ditch and s uch license agreement s hall prov1de for the following: A. All construction shall comply with and conform to the standards formulated by the Dtree'8r ef milities CITY. B. The City shall have the right at all times to maintain , install. repair, remove or relocate the City fflteft DITCH or any other of its facilities or installations within the City's right-of-way . The City reserves the exclusive right to control all easements and installations. C. In the event that any use by the licensee should interfere with a ny future u se of the nght-of-way by the City , the licensee shall. upon request and a t lu s so le expe nse . relocate, rearrange or remove its installation so as not to mterfere with s uch u se . D. Any reprur or replacement of any City installation made necessar y m the o p1ruon of the Cit~'s Qweeter efl:Jtilitiee CITY MANAGER OR DESIGNEE or a ny reason s halJ be made at the sole expense of the licensee . E. All rights and privileges granted in any license issued by the Water and Sewer Board shall be s ubject to prior agreements , licenses a nd/or grants , r eco rded and unrecorded , and it shall be the licensee's sole responsibility to determine the existence of said documents or conflicting uses or mstallat10ns . F . The licensee shall contact and fully cooperate with the City ditch foreman a nd the crossing shall be made without interference with a ny lawful. us ual or ordinary flow of water through the City ditch. G . The licensee will not place. nor allow to be placed. any manholes. meters or similar appurtenances within the City's nghts-of-way for the City ditch. Ill • I • 0 • • • - ,-. • • • H. The licen ee shall assume all risks incident to the possible presence of such waters. storm waters or s urface waters m the City litteft DITCH . l. All licensees. by acce ptance of their license, expressly assume full a nd strict liability for any and all damage of any nature to persons or property caused by water from the ditch lealung through or breaking through the ditch bank or banks at the pomt or points where the licensee performs any work in connection with the crossing provtded by the license. J . The licensee s hall indemnify and save harmless the City . its office r s a nd employees, against any and all claims, damages, actions or causes of actions and expenses to which it or they may be subject by reason of said installation being within and across the premises of the City or by reason of any work done or omission made by the licensee, its agents or employees in connection with the construction, replacement, maintenance or repair of said mstallatJOn. K. The licensee expressly agrees that in the case of licensee 's breach of a ny of the provisions set out in this Chapter. the City may , at its option . have s pecific performance therefor or sue for damages resulting from a id breach. Section 218. Title 12, Chapter 4 , Section 1 · AUTHORITY TO ISS .E LI CENSES. Englewood Municipal Code 1985, is hereby amended as fo ll ows : The City E>ireeter ef P11illie 'l'erlis aali,<er Utiii,.iee 1s hereby authonzed to issue licenses and permits for the installation of fiber optic cables within the City. All s uch ins tallations shall be governed by the provisions of tlus Chapter and shall require a lice nse or permit pursuant hereto. Section 219. Title 12, Chapter 4, Section 2 · LICENSES ISSUED, CONDITIONS , Englewood Municipal Code 1985, is hereby amended as follows : The City E>iPeeler ef P11illie 'llerlie aaii,'er Utilities may issue s uch licenses to a ny person, firm or corporation, private or public, upon such terms and conditions as he or she s hall reasonably determine and such license agreement shall provide for the following: A. All construction shall comply with and conform to the standards formulated by the E>iPeeter ef P11illie 'lterlia aaa,'er Utilities CITY . B . C . All technical standards governing construction. reconstruction, installation. operation, testing, use , maintenance, dismantling or ot he r activity related to fiber optic cable provided for herein shall be in accordance with all applicable FCC a nd other Federal, State and local laws and regulations, including. but not limited to, the Electrical Code and the specific modifications to that Code set forth in Title 8 , Chapter 20. of the Englewood Municipal Code and the standard for physical location and protection of below ground fiber optic cable plant and the specific modifications to that standard set forth in s ubsection 12-4-48 of this Chapter . The licensee shall be responsible for complying with the permit, bond and liability portions of Title 11 , Chapter JC of the Englewood Municipal Code. 112 • 0 I • 0 - ( • • -• • ..-. • ·,, • - D. The City shall have the right at all times to maintain. install, repair, remove or relocate the facilities or installations within the City's right-of-way . The City reserves the exclusive right to control all easements and installations. E . In the event that any use by the licensee should interfere with a ny future use of the right-of-way by the City , the licensee shall, upon reques t a nd at hi s so le expense , relocate, rearrange or remove its installation so as not to interfere with such use . F. Any repair or replacement of any City installation made necessary in the o pm10n of the Ci&, 'e QiPeeter ef P'lll!lte Werke 8Rdler Utilttiee CITY MANAGER OR DESIGNEE for any reason shall be made at the sole expen se of the licensee. G. All rights and privileges granted in any license issued hereby s hall be s ubiect t o prior agreements, licenses and/or grants . recorded and unrecorded , and it s hall be the licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. Nothing in this Chapter shall in any way limit the City's right to enforce ordinances and provisions relative to franchismg or contracting. H. The licensee shall contact and fully cooperate with the City Qireet,er ef P'llelie "'erke eed/er Utilities to eliminate or minimize interference with any lawful . us u a l or ordinary use of the public right-of-way . I. The licensee shall not place , nor allow to be placed, any equipment without the approval as to location and means of installation. including means of construction . of the QiPeeter ef P'llelie Werke aeli/er Utilttiee CITY. J . The licensee shall assume all risks incident to the installation. K. All licensees , by acceptance of their license . expressly assume full and strict liability for any and all damage of any nature to persons or property caused by their installation. L. The licensee shall indemnify and save harmless the City , its officers and employees, against any and all claims. damages , actions or causes of actions and expenses to which it or they may be subject by reason of said installation being within and across the premises of the City or by reaso n of any work done or omission made by the licensee, its agents or employees in co nnection with the construction, replacement, mamtenance or repair of said installation. M N . The licensee expressly agrees that in the case of licensee's breach of any of the provisions set out in this Chapter, the City may , at its option . have s pecific performance therefor or sue for damages resulting from said breach. The licensee shall keep accurate. complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish, as soon as they are available , two (2i complete copies of such maps and records to the Qe11BP1111eet ef P'lll!lte Werke CITY . Section 220. Title 12 , Chapter 4, Section 4 · STANDARD ADOPTED, Paragraph B, Englewood Municipal Code 1985, is hereby amended as follows: 113 ' ., I • 0 • • .... • ,, .,-. • • - B. Specific Modifications to Adopted Code. The following modifications are hereby made m the prons1ons of the Electronic Industries Association Engineering Department. 2001 Pennsylvama Avenue. N .W .. Washington . D.C. 20006. herein above a d opted . 1. An encased metallic tracer shall be required with the underground warning tape and s hall be mandatory 10 all instances. 2. a. A distance of ten feet of horizontal separation between a fiber optic line and a water. sewer. stormwater or gas line shall be reqwred . Horizontal separations of less than ten feet must be approved JD writing by the QiPeeter ef ~ CITY . b. Where fiber optic cables are placed closer than ten honzontal fe et from a water, sewer. or stormwater main. the fiber optic cabl e hall be subservient to the water, sewer. or stormwater mam. c. Should the City find it necessary to excavate to rep a u . replace . maintain. remove , or extend any of its facilities , and the fiber optic cable has been placed, with the Qit'eeter'e CITY'S approval , honzontally within ten feet of s ajd facility and is in the way of said repairs. repl a cements , maintenance. removal or extension, the City shall notify the fiber optic cable owners that their fiber optic line must be moved or removed . Notification shall be pursuant to that prescribed in C .R.S . 9-1 .5-101 et seq . Should the owners of the fiber optic cable, after notification, fat.! to move or remove the cable. the City shall move or remove the cable and bill the owner for this expense but shall not accept liability for th.is action. Section 221. Title 12, Chapter 5, Section 1 -RULES A'.'IO REG i1.ATIONS ; AMENDMENTS, Englewood Murucipal Code 1985 . 1s hereby amended as follows: Rules and regulations of the Storm Water Enterprise Fund may be altered , amended or added to from time to time by approval of the City Council . Such rules and regulations, together with all amendments. shalJ be available for inspection at the office of the ~ Qe11-ment end the effiee ef the City Clerk at all reasonable hours. Section 222. Title 12, Chapter 5, Section 2 · STORM WATER UTILITY , Englewood Municipal Code 1985, is hereby amended as follows : A. B. There is hereby created a Storm Water Utility within the Ctllitiee Qe11ertmeftt CITY , under the control of the City Manager. empowered to l.tnplement the provisions of this Chapter. The Direeter ef Utllitiee, Yftaer the City Manager, shall be responsible for the management of the Storm Water Utility . The Qireeter ef Utllitiee CITY MANAGER OR DESIGNEE may prescribe forms and rules and regulations in conformity with this Chapter or for the ascertainment, computation and collection of the fees and charges imposed in this Chapter and any future resolutions of the-City Council and for the proper administration and enforcement. The ~CITY MANAGER may delegate the administration of this Chapter or any part thereof, subject to the limitations of the Charter and Code to duly qualified deputies and agents eE-the 114 • ' I • 0 - ( • • • ,, ,.. . • .. • - ~-The~ CITY :\1A NAGE R OR DE S IGNEE s h all be e mp owered to make det erminat10 n s as to proper r eso lution of disputes arising from t lus Chapter s ubj ect to a pp eal to the Water and Sewer Board . Section 223. Title 12 . Ch a pter 5. Section 3. WATER AND SEWER BOARD . Englewood Municipal Co de 1985 , is hereby amended as fo llow s: A. The Water and Sewer Board shall assist in adminjstering this Chapter . B. The Water and Sewer Board shall review all rules. policies . r egulations . fe es a nd charges proposed by the Direeter ef Ubli.ties CITY MANAGER OR DE JG'.'JEE a nd forward s uch reco mm e nd a tions to the City Council for approval by or dm a nce . Section 22<1 . T1tle 12. Chapte r 5. Seet1o n 5 -BILLING AND PAnlE'.'\T OF FEES. Englewood Munmpal Code 19 85. 1s he reby a me nded as follows : A. The to rm water fee s hall be billed a nd co ll ected with the quarterl y wate r a nd sewe r bill fo r those lot or parcel of land utilizi n g city utilities a nd billed and co ll ected se parately as storm water utility fees for those lots or parce ls of la nd not utilizing other City utilities . B . The fee s charge d in each billing period ar e effective upon mailing t he bill or noti ce to the last known address of the utili ty u se r shown on the records of the ~ Utilities Department CITY . C. All charges for the use of the storm water utility prescribed by thjs Ch a pter a re due within thirty (30) days after the date of the bill a nd are paya bl e a t t he effiee-ef t,he Direeter ef Fillaneial eepo>iee s. CITY . D . When payment for City utility services is r ece ived Ii:· th e Cit:. the Ci t y's ftnenet&I effieer shall apply said pay ment to sati sfy a ll storm water enterprise fund charges fir st , then sarutary se wer fund charges shall be satisfied next, and . lastly , water fund charges s hall be satisfied , in that order . Section 225. Title 12 . Cha pter 5 , Section 7 · ADMINISTRATIVE RE VIEW AND APPEALS . Englewood Municipal Code 198 5, is her e by a me nded as fo ll ows: Any owne r who disputes the a mount of the charges made purs uant to tru s Ch apte r . or who dis putes any other determination made by or on behaU of the City purs uant to this Chapter may petition the Direeter ef Utitities CITY for a hearing on a r ev1s10 n or morufication of s uch charge or determination no later than thirty (30) days afte r h aving bee n billed for such charge or after having been notified of s uch determma tion . The Direeter efUtilitiea CITY MA NAGER may conduct such a heanng him seU. or a t h is so le ru scretion, ma y designate an officer or employee of the City as a heanng offi ce r with authority to hold such hearings . Should the hearing officer find in favor of the~ CITY , the owner may make further a ppeals to the Water a nd Sewer Boa rd and then to th e District Court. 115 • • I ) I • 0 • • I• .... • • - , . .. Sectjon 226. Title 15 , Chapter 1, Section 2; DEFINITIO NS. Englewood '.\<lunicipal Co de 1985, is hereby amended as follows : 15 · l -:.!: DEFINITIONS: For the purpose of the application of the provis ions of thts Title , the follow ing definitions shall apply and all other definitions stay the same : MOTOR HOME OR MOTOR COACH: TR;\11,ER COACH er MOTOR HOME: AN"Y WHEELED VEHICLE WHICH IS A SINGLE . SELF-CONTAl~ED UNIT, WITH MOTIVE POWER. WHICH IS DESIGNED AND GENERALLY AND COMMONLY US ED FOR OCCUPANCY BY PERSONS FOR RESIDENTIAL PURPOSES. Ii EITHER TEMPORARY OR PERl\lANE~ LOCATIONS, AND WHICH MAY OCCASIONALLY BE DRIVEN OVER THE P U BLIC HIGHWAYS AS A MOTOR VEHICLE. :l,11) heeleli .. eluele ., h1eh is a s 111gle . self ee11tllffleli 11nit . ith meti. e Jle er , wlueh is 8esigtteli a111i ge11eraU)· a111i eemmen-1) 11eeli fer eee11Jlaney ey Jlerse11 s fer re si 8e11tial JlllJ'f!eeee , 111 either temJlaPaP) er Jlerma11e11t leeetie11e , a:118 , hieh IBB) eeeeeienelh ee !H'i e11 B"eP the Jlllelie lughwaye ee a 111eter eluele . Sectjon 227. Title 15 , Chapter 7 , Section 3 · PLACEMENT AND REMOVAL OF TRASH . Paragraph F , Englewood Municipal Code 1985, is a mended as follow s: F . No person shall engage in the business of removing or haulmg trash in the City without first obtaining a license therefor. A yearly nontransferable license s hall be issued by the QicPeeter efFi11e11eiel ee!"lliees CITY upon annual payment of five dollars ($5.00) per vehicle. Sectjon 228. Title 16 , Chapter 1, Section 9 · AMENDMENTS TO OFFICIAL MAP TO BE DOCUMENTED, Englewood Municipal Code 1985, is amended as follows : All amendments to the Official Zoning Map shall be listed in the order adopted in a separate register maintained in, and kept current by . the Ple1111ei11g DeJ!artme11t CITY ; AND IN ADDITION, SUCH AMENDMENTS SHALL BE SHOWN ON THE Maps in the Co uncil Chambers. Ami Planning Department. Sectjon 229. Title 16 , Chapter 2. Section 1 · ENFORCEMENT. Englewood Municipal Code 1985, is hereby amended as follows : :'.. Enfereing Offieiel . The JlPe ieieRS ahhie OrlHtlenee shell ee &8111inistereli &118 enfereeli ey the Qireeter af Ga111mwllit) Qe ele11111e111 ef the City ef Englewee8 er ey Jlersens lie si gnete8 l,y the QicPeeter CITY Ur'.l'IMilER OR D1!:61Cl'i:EE ef the Git) ef Engle\, ae8 er 116 • ) I • 0 • • • ,,-. • t~ ••• . . • - B) pePBBBB de signeted l!y the I>ireetsP . ~sBing ~Rff!Peemeet perseeeel wiH BB\ e ell. le gel pe .. ePB neeessery te eflfepee tnis 0P1Hfl8Bee. 8 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 I>ireetBP ef Cemm111H~ I>evelspmeet BP e flePBBR dltly e11thsri11ed l!y the I>ireetBP CITY MANAGER OR HIS DESIGNEE may order the use of the property or t he construction to be stopped by serving notice in writing on any person . firm or corporation engaged in usmg said property or in domg or ca u smg s uch work to be done, or by posting such notice in a co n s picuous place on said property when no such person. firm or corporation can be served m the afo r esaid manner. ~o oversight or dereliction or error on the part of the I>ireeteP BP ee, empls7)ee sf the Qepltl'lmeetefCemmYnt'¥ I>e.elepmeet CITY , BP BR the J!&Pt efeR, ether sffie uti BP empls,ee ehhe City ef~egle ,eed CITY MANAGER OR HI S DESIG::-."EE s ha ll legalize , a uthonze . or exc u se the violation of a ny of the pro\'l ·1ons of t his Ordinance . Sectjon 230 . Title 16 . Chapter 2. Section 8 -J URISDI CTION OF THE BOARD , Subsection A. Englewood Municipal Code 1985 , is hereby a me nd ed as follo ws : A. Appeals . In a ddition to such other jurisdiction as a uthonzed by law . the Board s hall have the Jurisdiction and power: I. To hear and decide a ppeals from a nd to rev iew a ny order , r equirement. decision or determination by the Chief Building Official or a ny e mployee of the QepertmeRt ef Cem11nt11t~ I>e elepmeet CITY in the enforce me nt of this QpdteeRee TITLE , and to hear and decide all matters r eferred to it, or upon which it is required to pass under this OrdtRenee TITLE or a ny amendment hereto. Appeals to the Board may be made by any person aggrieved by the interpretation or dec1s 1on m the interpretation of tlus OrdiReeee TITLE . 2. To reverse or affirm . wholly or partly, or to modify any order. r equirement, decision or determination of a ny employee of the I>epertmeRt ef Cemm1111it, Qevelepme11t CITY and to make such order. requirement, dec ision or determination as in its opiruon ought to be made a nd, to that e nd . s hall h ave a ll the powers of the enforcing agent. 3 . Public notice of time and place and purpose of s uch hearin g s h all be given by one publication in the official new s paper of the City a t least ten (I 0) d ays before s uch hearing . Sectjop 231. Tit le 16, Chapter 2, Section 9 -PROCEDURE , Subsection C, Englewood Municipal Code 1985, is hereby amended as follows : C . Board Shall Keep Minutes . The Board s hall keep minutes of its proceedings. showing the vote of each member upon each question, or if absent or failing to vote , indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the I>epePtme11t ef CemmYR.it) Qe, elepme11t CITY CLERK and shall be a public record . 11 7 .. I • 0 - • • • ,. .---. • .. • - Section 232. Title 16 , Chapter 3, Section 2-PRE-APPLICATIO N REVIEW. Englewood Municipal Code 1985, is hereby amended as follows: A. Prior to filing an a pplication to rezone any parcel of land, the applicant s hall participate in a pre-application review with the Oe13ertmeRt ef CemmHRtt, De ele13meRt CITY. No application for rezoning s hall be accepted until after the pre-application review is completed and written notification of the De13ertmeRt 'e C!1TS conclusions is received by the applicant. B . In addition to a pre-application review with the Oe13BPt1Beftt ef CemmHRtty Oevele13meRt CITY, the Dweeler ef PHIilie merits CITY MANAGER OR DESIG!\'EE may review the rezoning application to determine tf public improvements may be necessitated as a result of the zoning or rezoning. The Dweeter ef PHIilie 'Verke CITY may require public improvements after ma.king a determination of nee d based on the consideration of the following items: I. The extent of existing and contemplated develop m e nt of the property to be rezoned. 2. The need to insure the health, s afety a nd we lfare of t h e public wtll be maintained. 3. Whether the zoning or rezoning may ultimately create a need for public improvements to serve the area. If public improvements are necess ary, s tandards. criteria, timing and extent of public improvements as specified by the Oe13ertmeet ef PHIilie Werke CITY s hall apply. except that all rights of way , easements. and access rights shall be required at the time of zoning or rezoning and other public improvements shall be constructed at a time designated by the Dweeter ef PHlllte '.JJerke CITY . C. When an application is submitted by the Planning Commission, a majority of the members of the Planning Commission shall serve as the applicant. D . At the time of the pre -application review, the applicant shall s ubmit the following : A plan of the general layout of the parcel. Plans submitted may be s ketched on sheets eight and one-half inches by eleven inches (8 _" x 11 ") in s ize . or, at the option of the applicant, may be in final form . A letter stating w by the rezoning is necessary . E . Within seven (7) days after the date of the pre-applicat:J.on revie w , the Oe13artmeRt efCemm11Rt~ De,ele13meet CITY shall notify the applicant in writing of its recommendation regarding the desired change with respect to the following items: I. Appropriateness of the change with respect to the policies set forth in the Comprehensive Plan. 2. Need, if any, to plat pursuant to the Subdivision Regulations . 3 . Any required site plan considerations. 118 • • r I • 0 • • • -. ~ _..,-·· • .. , .. . , • -' ... 4. General concern related to the anticipated impact upon public rights-of-way and public improvements and appropriate requirements. F . The recommendations of the DeJ!&Ptmeet ef Ce111.111.1teit~ De eleJ!meet CITY are not binding upon the applicant or the City . but are intended to serve as a guide to the applicant in making the application for rezoning and advising the applicant in advance of the application of any issues which will or should subsequently be presented to the Planning Commission and City Council. Section 233. Title 16 , Chapter 3, Section 3 · APPLICATION PROCEDURE. Englewood Municipal Code 1985, is hereby amended as follows: A. An application for a rezoning shall be submitted on forms pro,ided by the DeJ!&Mmeet CITY. A rezoning application shall expire one yea r after submittal; provided , however, that the DiPeeteP CITY may extend the application for sLx (6) months for just cause_ R A s ite plan 1s required to be filed along with the a pplication for rezoning _ C_ The application shall be signed by the property owner(s) and s hall be accompanied by the necessary fee as shown within the applicable fee sc hedule _ No fee s hall be charged for a City-initiated rezoning. Section 234. Title 16 , Chapter 3, Section 4, · FACT-FINDir-:G HEARI'.'JG. Subsection B. Englewood Municipal Code 1985, is hereby amended as follows : 8-During the fact-finding hearing, the Planning Comm1ss10n s hall hear any relevant evtdence or statement provided by the applicant or lus representative. by the 9ireet,er CITY :MANAGER or any DESIGNATED me mber of the staff, and by any person m attendance at the hearing. The Planning Commi 10n may , in its ole discretion, hear and consider any other relevant statement or evid ence . written or oral. Section 235. Title 16 . Chapter 4, Section 3 · R-1-B SINGLE-FAMILY RESIDENCE DISTRICT, Paragraph M , Subsection 5, Subparagraph I. Englewood Muni ci pal Code 1985 , 1s he reby amended as follows : M.5 .l. All home occupations shall be registered with the DeJ!8Pt1Beet ef Ce111.111.1tei~ De eleJ!meet CITY upon completion of an inspection of the premises by the DeJ!artmeet aeEI the Fire Dinieiee. CITY . Section 236. Title 16, Chapter 4, Section 4 · R-1-C . SINGLE-FAMILY RESIDENCE DISTRICT, Paragraph M, Subsection 5, S ubparagraph I. Englewood Municipal Code 1985 , is hereby amended as follows : M .5.1. All home occupations shall be registered with the DeJ!8Pl1Beet ef Ce111.111.1tei"° De, eleJ!meet CITY upon completion of an i nspection of the premises by the DeJ!&Ptmeet aeEI the Fire Di,ieiee. CITY_ 119 • . . , ) I • 0 • • • ,. _.,... .. • • - Section 237. Title 16 , Chapter 4. Section 5 -R-2 MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph N. Subsection 5, Subparagraph I. Englewood Municipal Code 1985. is hereby amended as follows: N.5 .1. All home occupations shall be registered with the Def18l't1Be8t ef Cemm11etty De elef11Be8t CITY upon completion of an inspection of the premises by the Def18i't1Be8t 889 the FiPe Di, ieie8 . CITY. Sectjon 238. Title 16 , Chapter 4, Section 5 -R-2 MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph N, Subsection 6 , Subparagraph 1. Englewood Municipal Code 1985 . is hereby amended as follows: N.5.i. The DiPeeter ef Cemm118ity De,.elef11Be8t CITY may deny the use of any lot as a parking area if the above provision s are not met or tf condit10n are unsafe . The Direeter'e CITY'S ruling may be appealed to the Boa rd of Adjustment and Appeals . Sectjon 239. Title 16 , Chapter 4 . Section 6 -R-2-C MEDIC'.\11-DENSITY RESIDE:"J CE DISTRICT, Paragraph M, Subsection 5 , Subparagraph I. Engl ewo od ~1uru c1pal Code 19 • is hereby amended as follows: M.5.1. All home occupations shall be registered with the DeJ18l't1Be8l ef Cemm11eity De elef11Be8t CITY upon completion of an rnspect10n of the premises by the Def18Pl1Be8t 889 FiPe Di,1eie8 CITY . Sectjon 240. Title 16 , Chapter 4 , Section 6 -R-2-C MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph M. Subsection 6 , Subparagraph e, Englewood Municipal Code 1985 . is hereby amended as follows : M.6.e. The final design of the parking area must be approved by the DiPeeler ef Cemmltnity De, elef11Be8t er the 8flflP8f1PiBte 9eeig8ee . CITY. Sectjon 2:11, Title 16, Chapter 4, Section 6 -R-2-C MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph M. Subsection 6 , Subparagraph i , Englewood Municipal Code 1985 . is hereby amended as follows : M.6 .1. The Direeter ef Cemm118il) De. eleflmeet CITY may deny the use of any lot as a parking area if the above proV1sions are not met or if conditions are unsafe. The DiPeeter'e CITY'S ruling may be appealed to the Board of Adjustment and Appeals . Sectjon 242, Title 16 , Chapter 4 , Section 7 -R-2-C/S .P .S. MEDIUM DENSITY/SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph B, Englewood Municipal Code 1985, is hereby amended as follows : B. Special Permit System. When a building permit application is fi..led with the DeJ18Pt1Be8t ef Ce111m11ni~ De elef11Be8t CITY , the development shall be evaluated under the special permit system procedure. The special permit system 120 • •, A I • 0 ] ( • • • ,,--· • ·~ • -.. requirements a nd de sign criteria are de signed to reflect the va lues of t h e s pecifi c ne1gbborbood . Subsection C contains a bsolute requirements r eprese ntin g the mlDlmum tanda rds of performa nce for any new de ve lopment or remodeling. E ac h project is also evaluated for conformance with the design criteria in subsection D. which are relative policies , not absolute requirements. E a ch proj ect will r ece ive a performance score for each statement addressed in the pe rmit a pplica t 10 n . If the project complies with the abso lute requirements a nd is evaluated a t ze r o or receives a pos itive score for the design criteria. a building permit may be is sued . l f it is evaluated and receive s a negative score , the proj ect s ha ll be revie wed by the applicant and the planning staff to determine the cha nges whi ch s hould be ma de on the building de s ign m ord er to receiv e a pos itive sco r e . Section 243. Title 16 . Cha pter 4. Section 7 -R-2-CIS .P .S . MEDI UM DE NSITYIS P EC J..\L PERMIT SYSTEM RESIDE NC E DISTRI CT, Paragraph C, S ub secti on 9 . S ubp aragrap h d . Englewood Munmpal Code 198 5 , 1s her e by a mend ed as foll ows : C.9 .d . Corne r lot s S ubj ec t to site plan r eview a nd a pp rov a l by t he OeJHlrfet eRt ef Ce mm111Ht) De ele11eteRt CITY Section 244. T itle 16 , Chapter 4. Section 7 -R-2 -CI S .P .S . :vtEDI L:\1 DE :'\'S ITYISPE C!AL PERMIT SYSTE:\1 RESIDE NCE DISTRI CT , Para gra ph C, Subsection 11. Subpa r a graph a . Englewood Municipal Code 1985, is hereby amended a s foll ows : C .11 .a . All residential uses . . . . . 2 s paces pe r dw e llm g If the property bas frontage on a local s treet, alte rna tive pl a n s fo r off-street parking within the front yard setbac k a nd a dJac e nt to the public right of way will be permitted s ubj ect to a pproval of t he De!!&Ptm eR£ ef Cemm1t1ll')' De e19!!1BeRt BREI the City Tra,ffie EiR~R ee r CITY . construction and maintenance of which shall be at the expen se of the property owner. Off-street parking spaces shall be of a bard s urface , either paved with asphalt, concrete or brick pa ve r s . Section 245. Title 16 , Chapter 4, Section 7 -R-2 -C/S .P .S. MEDilJM DE NS ITY/SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 13, Subp a r a gra ph e , Sub-s ubsection (12 ) C.13 .e .(12) All home occupations s hall be re gi s tered with the De!!erteteRt ef C01B1B'tlfti~ Oe·.-ele!!IBeRt CITY upon completion of an ins pec tion of the premises by the CeEle EnfereemeRt OinisieR RAB the Fire Di .. isieR . AUTHORIZED CITY REPRESENTATIVES . Section 246. Title 16 , Chapter 4, Section 7 -R-2 -C/S .P .S . MEDIUM DENSITY SPECIAL PERMIT SYSTEM RESIDENCE DISTRI CT , Paragraph C, Subsection 16 , Subpa ragraph a, Sub-subsection (7), Englewood Municipal Code 1985 , is he reby a mended a s follow s : 12 1 • ., I • 0 ] • • -• C.16 .a .(7) ,. ~- • ·,· • - Registration. A family-care unit shall be subject to yearly registration which is to be filed with the Depaf'tmeHt ef Cemmttftit~ De .. elepmeftt. CITY. Section 247. Title 16. Chapter 4 , Section 7 -R-2-C/S.P .S. MEDIUM DENSITY SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph E, Englewood Municipal Code 1985, is hereby amended as follows: E . Procedure for Evaluating Building Permit Applications . 1. The property owner shall make application wt.,h the 81ttlii1Hg E>i• ieieH by filling out a permit form provided by the City . 2 . The permit application shall include a written statement with two (2) set s of plans which indicate how each design criterion is to be mcorporated rnto the proposed development. 3. Upon receipt of the application, the PlaHHiHg Di 1s1eR C ITY s hall re view the development plans for compliance with the absolute ect1 on of t h e R-2 -C /S .P .S . 4 . If the plans comply with the absolute section, the Plftflfttftl! E>1, 1,e1eR C ITY s hall review the written statements and development plans for co mpliance with the eleven (11) design criterion statements. 5. Each design criterion statement will be graded by the PIBRRtHg CITY staff by their giving a point value. See the score sheet for the pornt value range . 6. Each score for the eleven (11) statements will be added to obtain a point total. 7. If the score is a positive point value or zero, and all other sections of the Zone District regulations are in compliance . the Pl&11:tM11g D1 ABieR CITY shall approve the buildmg permit applicauon , as 1t applie t o the zonmg criteria. by signing the permit application and drawrng the buuding footprint on the Land Use Map . 8. If the score is a negauve pomt value , the building permit application, as it relates to the zorung requirement. shall not be approved by the PIBHMBg ~ CITY : however, the staff shall discuss with the applicant changes which could be made in order to receive a passing score. The applicant may make the necessary corrections and resubmit the corrected plans for review . 9. When the plans have been approved by the PIBHHieg Di .. isieH CITY, the plans shall be retltl'eeii te the BttHltiftg DiABieH fet,..reviewED ey ether City EH"AeieHe Bftii. ii.epMtmeeM for compliance with other applicable City Codes. Section 248. Title 16 , Chapter 4 , Section 8 -R-3, HIGH-DENSITY RESIDENCE DISTRICT, Paragraph 0 , Subsection 7, Subparagraph 1, Englewood Municipal Code 1985, is hereby amended as follows : 122 . ' ) I • 0 - • • -• 0.7.l. • • - All home occupations shall be registered with the DeJlef'tme8t ef CemmallitJ De 1eleJ!1Be8t CITY upon completion of an inspection of the premises by the Catie Eniereeme8t Divtste8 888 the Fife DiYi.sie8 CITY. Sectjop 249. Title 16 , Chapter 4 , Section 9 -R-4 RESIDENTIAUPROFESSIONAL DISTRICT, Paragraph M, Subsection 5 , Subparagraph I, Englewood Municipal Code 1985 . is hereby amended as follows : M.5 .1. All home occupations shall be registered with the DeJ!ertme8t ef CemmaRi1' DeveleJ!me8t CITY upon completion of an inspection of the premises by the Catie E8fereeme8t Qi r-ieie8 888 ~ CITY . Sectjop 250. Title 16 , Chapter 4 . Section 10 -B-1 BUSINESS DISTRICT, Paragraph G, Subsection 4, Subparagraph c, Englewood Municipal Code 1985 . is hereby amended a s follows: G.4.c . If the developer submits a marketing or pa rking s tudy pre pare d by a qualified professional using reasonable profess ional s tandards. and it is approved by the Cemma11it) E>e. eleJ!1Be8t Dit-eeter 888 the City Treffie ~AUTHORIZED CITY REPRESENTATIVES . the parking standards in Chapter 16-5 of tlus Title. Gene ral Regulation s . may be waived. If the developer doe s not s ubmit a marketing or park mg s tudy t o the City. the parking requu-ements m the Ge n e ral Re gulations s h a ll be applied. Sectjop 251. Title 16 , Chapter 4, Section 11 · DESIGX GUIDELINE FOR THE REHABILITATION OF EXISTING BUILDINGS J'.',; THE SO t;TH BROADWAY INCENTIVE AREA , Paragraph B, Englewood Muru cipal od e 19 5 . 1s he r e by a m e nde d as follows: B. Administration. The review of the plans s hall be the res po ns1b1hty of the ~ ef Ce111cma1ttty E>e. eleJlme11t er 8 !leetff11ee AUTHORIZED CITY REPRESENTATIVE for conformance with these regulat10ns. No building pe rmit shall be issued for the reconstruction of the exterior of any building unless the improvement conforms with these gwdelines. Section 252, Title 16 , Chapter 4 , Section 13 -1-1 LIGHT INDUSTRIAL DISTRICT, Paragraph 0 , Subsection 28 , Englewood Municipal Code 1985 , is hereby amended to read as follows : 0 .28 . Refuse disposal. The storage, collection and disposal of refus e in the mobile home park shall be so managed as not to create health hazards , rodent harborage, insect-breeding areas , accident hazards , or air pollution . All refuse shall be stored in fly-tight, water-tight. rodent-proof containers. which shall be provided in sufficient number and capacity to accommodate all refuse from the park. Satisfactory container racks or holders shall be provided at permanent locations . convenient to the mobile home spaces, m areas appropriately screened from view , and shall comply with all health 123 • ) I • 0 - . , • • .--·· • • - regulations . Methods of storage, collection and dis posal are subject to approval of the P.leighl!erheefi SeP¥ieee Qi -teieR CITY . Section 253. Title 16 , Chapter 4. Section 13 · 1-1 LIGHT IND STRIAL DISTRICT, Paragraph 0 , Subsection 31. Englewood Municipal Code 1985. 1s here by amended as follows : 0 .31. Parking of mobile homes . a. No mobile home shall be parked or permitted to stand upon a ny public street, highway, road, alley or other s uch right-of-way fo r more t han twenty-four (24) hours unless a s pecial permit 1s obtained from the Qe1311rtmeftt ef S11fe~ eel"lieee efthe City . b. No mobile home shall be maintained upon a ny pnvate or public property in the City whe n the same 1s used fo r hvmg purposes unless the property is register ed as a mob il e home pa rk . :-.l o mobile home s hall be stored within any required fr ont, 1de or rear ·ard as s pecified by the Comprehensive Zoning Ordinance. c. Where an eiusting l.IIWVldual mob t.l e home 1s parked on a pri vate lot and occupied as a dwelling on the effec tiv e date of this Section. 1t shall be registered with the ~leighl!erheeli SeP" ieee Q1 'lBiaR CITY within ninety (90) da ys after the effective date of this Chapter. Section 254. Title 16 . Chapter -1 , Section 13 · 1-1 LIGHT IND US TRL~L DISTRI CT. Paragraph 0 , Subsection 34 , Englewood Municipal Code 1985, is hereby amended as follow s: 0 .34 . Existmg parks : certificate of occupancy . a. Witlun thirty (30) days after the effective date of this Ordinance or w1tlun thirty (30) days after annexation to the City of Englewood subsequent to the effective date of thi s Ordinance , the owner or operator of each existing mobt.le home park s hall be mailed forms on which to a pply to the Qi ABiBR ef 811ulitftg 111111 S11fet~ CITY for a certificate of occupancy. Application shall be , in writing, and shall contain such information as the division may require to determine wherein the park do es not conform to all requirements of this Ordinance . b. c. The Qi ieiBR ef 8utliitftg &ft& S&fet) CITY shall iss ue a certificate of occupancy to the owner or operator of legally existing parks. The certificate s hall list the requirements of this Ordinance with which t he park does not conform . Nonconformance with health and safety requirements of this Ordinance shall be listed separately from nonconformance with other requirements . It shall be unlawful to permit any person to occupy any mobile home in any mobile home park within the corporate limits of the City of Englewood until all facilities therefor have been inspected and approved 124 • ) I • 0 • • -• .. ~ /' . • .. • -' by the E)1 ·iaieA ef Bt1il1fo,g 888 S8fet~ CITY and a permit to occ upy t he urut has been issued. Section 255. Title 16 , Chapter 4, Section 13 · 1-1 LIGHT IND USTRIAL DISTRICT . Paragraph 0 , Subsection 3i. Englewood Municipal Code 19 85. is hereby amended as follows : 0 .3 i . Annual inspections required. a . The ~leigheerhees SeMeea Qi•JisieA CITY'S AUTHORIZED REPRESENTATIVE is hereby authorized and directed to ins pect each mo bil e home park located within the City of Englewoo d annually in order to determine the degree of compliance or noncompliance with th e terms of this Section and to enforce compliance with the provis ions oftlus Section . Th e in spector s ha ll h ave the power to enter at a reasonable time, up on reaso nable noti ce . any pnvate or public property for the purpose of inspecting a nd investigating co ndition s related to the enforcement of this Section or any regulation wluch may be promulgated hereunder . The inspector shall ma ke s uch a dditional inspections as may be necessary to assure compliance with tlus Section. b. It s hall be unlawful for any person to refuse the inspector access to a mo bile home park for the purposes of inspection. Section 256. Title 16 , Chapter 4, Section 14 -1-2 GENERAL INDUSTRIAL DISTRICT. Paragraph K. Subsection 3. Englewood Municipal Code 1985 , is hereby amended as follows : K.3 . Restrictions: No building or portion thereof shall qualify as a wall. scr ee n , or fence under the provisions of tlus Section . An exception to this provisions s hall be mad e a necessary at a n intersection or at an entrance to an alley or dnve way in order n ot to obstruct the view of a motoris t ; this can be done by r educing the height of the fence or wall or the plantings for s uch distance and to such extent as required by the Case Eeferee111e8t Qi ieieA. CITY . Section 257. Title 16 , Chapter 4, Section 16 · FLOOD PLAIN DISTRICT, Paragraph B, Englewood Municipal Code 1985 , is hereby amended as follow s: B. Legislative Purpose and Intent. To promote the health , safety and welfare of the public ; to minimize flood losses in areas subject to flood hazards ; and to promote wise use of the flood plain ; this zone district has been established to regulate the uses within a 100-year flood plain. The areas of special flood hazard are identified by the Federal Emergency Management Agency on Flood Hazard Boundary Maps and Flood Insurance Rate Maps, which maps are on file in the Englewood City Hall , in the offices of the City Clerk, Pttelie Werke 888 Ce111111tt&i" Qe ele11111eAt . By adopting these regulations, the following purposes are intended: 1. To reduce the hazard of floods to life and property through : 125 ' . ) I • 0 • • • ,. • • - a. Prohibiting certain uses which a re dangerous to life or property m tune of flood. b. Restnctmg uses which would be hazardous to the public health m tune of flood. c. Restricting uses which are particularly susceptible to flood damage , so a s t o alleviate hardship and reduce demands for public expenditures for relief and protection . d . Requinng permitted flood plain uses , including public facilitie s wluch serve such uses , to be protected agamst floods by providing floodproofing and general flood protection at the time of iruual con s truction . Section 258. Title 16, Chapter -1 , Section 16 · FLOOD PL.\IN DI STRICT. Paragra ph C. Subsection 3 , Englewood Municipal Code 1985 , is hereby a me nded a s foll ows : C. General Provisions: 3. Flood Plam District Boundaries. The bounda ri es of the Fl oo d Pl a m Di stnct shall be identical to the areas of special flood hazard id ntifi ed by the Federal Emergency Management Agency in the Flood In urance Study dat ed April Ii, 1989 and the accompanying Flood Insurance Rate '.\l a p (FJR'.\'I) e nco mpass ing the City of Englewood, Colorado . The boundanes of the West Harvard Gulch Flood Hazard Area s hall be a s s hown on Sheets 13 and 14 in a report entitled Flood Hazard Area Dehneatjon Harvard Gulch West Harvard Gulch and Dry Gulch dated December, 1979. pre pared by Gingery Associates . Inc .. and approved by the Colorado Water Con ervatton Board on January 30, 1980. The areas of "flood danger" a s id entifi ed on Plate -I in the Study enutled Storm Drainage Plan for the City of Englewood Colorado. dated January , 1971. prepared by Sellards and Grigg . Inc . The most recent Flood Insurance Study and accompanying FIRM prepared by the Federal Emergency Management Agency , Sheets 13 and 1-1 of the Flood Hazard Area Delineat10n Harvard Gulch West Harvard Gulch and Ory Gukh December, 19i9, Gingery As sociates. Inc., and Plate 4 of the Storm Drainage Plan for the C1tv of Eng)ewood Colorado . January , 1971 , Sellards and Grigg. Inc ., are hereby declared to be a part of this Ordina nce , and the official study and maps shall be on file in the offices of the City Clerk . , ERj!'iReeriRg Sel"'·ieee tH'Hi Cemm11n1t~ E>e,ele11ment . ERgle 688 Cii,y Mell , d 199 8011th Eleti Street, ERgle , 008 , Ca Iara 80. Section 259. Title 16 , Chapter 4, Section 16 ·FLOODPLAIN DISTRICT. P a ragraph G, Subsection 1, Englewood Municipal Code 1985, is hereby amended as follows : G. Administration. I . Flood Plain Administrator. The Elireeter ef Cemm11nii,y EleYele11ment er hie ~ CITY MANAGER OR DESIGNEE shall be the Flood Plain Administrator and shall enforce the provisions of this Chapter. The Department of Engineering Services shall provide the Flood Plain 126 • ) I • 0 • • • .• " ---. • . . • - Administrator with a technical reV1ew of all applications to build within the Flood Plain or a Drainage Way prior to the issuance of a Flood Plain Pe rmit. Sectjon 260. Title 16 , Chapter -t. Section 19 -SIGN CO DE. Subsection 2 -SCOPE AND APPLICATION OF THIS SECTION, Englewood Municipal Code 1985, is hereby amended as follows : These regulations s hall govern and control the display . construction. e rection , alteration, remodeling, enlarging, moving or maintenance of all signs permitted witlun all zone districts established by this Zoning Ordinance and any amendments thereto. This Sign Code shall be administered by the DiPeeteP ef tee Def)aPtmeRt ef CeetmllRity De elef)meRl wee CITY WHICH shall have the powers and duties set forth and those necessarily implied to administer and enforce dus Code : the~ CITY may issue appropriate procedures and forms. Upo n application to and issuance by the Def)&rtmeRt CITY of a pe rmit therefor, a s ign may be erected, altered and maintained only for a permitted u se in the district m whi ch the signs are located ; signs shall be located on the same lot as the permitted use unl ess otherwise provided : however, no sign of any type s hall be e r ect e d or m a mtamed fo r or by a single-family , two-family or three-family residential use. except hom e occ upation 1gns a nd certain s igns for which no permit is required. Nothing herem contained shall be deemed a waiver of the p r o\.,s 1on of a ny other ordmance or regulation applicable to s igns . Signs located m areas gove rne d by seve ral ordmances and/or applicable regulations shall comply with all s u ch ordma nces a nd regulatio n . If there is a conflict between the regulat10n s m tlus Section and a n y othe r or dmance or regulations, the more stnngent regulat10ns s hall apply . Section 261. Title 16, Chapter 4 , Section 19 -SIGN CO DE . Subsect10n 3 · PERMIT Englewood Municipal Code 1985, is hereby amended as follows : A. Permit Required . It s hall be unlawful to display , erect, co nstruct, re loca t e or al t e r (e xcept for copy changes) any sign without first filing with the Def)aPlmeRt C ITY an application in writing, paying applicable fees , and obtaining a s ign permit. except as provided in Section 16-4 -19-5 and Section 16-4-19-7 of this Ordinance . If a s ign has been displayed , erected , constructed. relocated or altered without s u ch permit or not in accordance with the terms of such permit, the sign must be removed within five (5) calendar days of official notice . B . When a sign permit has been issued b y the Def)IH'tmeRt CITY, it s hall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of s aid permit without prior approval of the Def)IH'tmeRt CITY . A written record of s uch approval shall be entered upon the onginal permit application and maintamed in the files of the OefJePtmeRt CITY . Application for Permit. Application for a s ign pe rmit shall be made by the owner or tenants of the property on wh1ch the s ign 1s to be located , his a uthonzed agent, or a sign contractor licensed by the City of Englewood . Such applications s hall be made in writing on forms furnis hed by the Plaftftfflg 01 1sieR CITY , and s hall be s igned by the applicant. The Def)artmeftt CITY s hall. withm five (5) working days of the 12 7 • ) I • 0 ] • • -• .. ~ -· • .. • -' ~ date of the application . either approve or deny the application or refer the application back to the applicant in a ny instanc e where insufficient info rm atio n has been fur ni shed. If the Oeiiartmeet CITY finds that work under any permit issued is not in acco rda nc e with the inform ation supplied in the permit a ppli catio n and/or is in violation of this or a ny other pertinent ordina nce; or s hould it be fou nd that there has bee n a ny mi srepresentation in connection with the app li catio n fo r the permit, (i ncluding a non-s ufficient fund s check); the sign ow ner or lessee or er ecto r shall be notified of such findings a nd that the violation must be co rrected within five (5) working days of notice. If s uch co rrection is not made , the permit s ha ll be revoked and written notic e thereof s hall be served upon the si gn ow ner or er ecto r . No person s ha ll proceed with a ny part of s uch work after s uch notice is receive d . The owner or lessee of the sign or th e ow ner of the prope r ty on which the sign is located s hall have the right to appeal the deci s ion of the Oeiiartme et CITY in t he manner provided form sub section 16-2 -8A of this Ordina nce . If actual work either on or off-s ite is not commenced under a ny sign permit issued w1thm sixty (60) days from the date of such permit, t he permit sha ll a utomatically become null a nd voi d . Delays which a r e not a r esult of willful acts or neglect of the co ntractor, owner or person obtaining the permit may be excused a nd t he ~ CITY may grant a n extensio n of ti me m which to start or r es ume ope r ations. All req uests for extensio n s a nd app r ova l the reof s hall be in writing. Wh en a ny perm it has bee n revoked under t he terms of this Section, permit fees s hall not be refu nd ed . C . Plans, Specifications a nd Other Data Requested . The a pplication fo r a sign permit issued by the 811ilEiicng 61'18 Safe" Oi <teiee CITY s hall be acco mp a ru e d by the following plans a nd other information : The name. address a nd telephone number of the owner or persons e ntitled to possess10 n of the sign a nd of the sign co ntracto r or erector; the loca tion by str eet address of the prop ose d ign structure ; comp lete information as required on a pplica tion form s provided by the Oeiiartm e et CITY . including a site plan a nd elevation drawings of the propo sed s ign d r a wn to sca le , caption of the propo sed sign and such othe r data as 1s pe rti ne nt to t he application ; plans indicating the sco pe and structural detail of the work t o be do ne , mcl ud i n g details of a ll connections . guy lines , s upports a nd footings . a nd materials to be used ; ap plication for a n electrica l permit for a ll electncal sign s , a nd t he req uired information for s uch a pplication ; and a stateme nt of value or co st of the s ign. The above permit a pplication and information will be refe rred to t he 811iJ8ieg &1'18 Safety Oi•,i eie e CITY for a pproval where necessary . D. Permit Fees. A permit fee shall be paid to the City for each sign permit issued under this Section. The permit fee s hall be in acco rd a nce with the fee sc hed ul e establi shed ANNUALLY BY RE SO L UTION OF~ the Ci t y Co un ci.J . E . Identification and Marking of Electrical Signs . Each electrica l sign h er eafter er ected or remodeled shall bear thereon a clearly legi ble id entification plate not exceeding fifteen (15) s quare inches in area , stating the n a me of the perso n. firm or co rporation responsi ble for its construction a nd er ectio n , wi t h in stall a tion date a nd permit number , and s hall be marked with input am pe r es at full lo a d input. 128 • .. I • 0 ·]- ( • , .. '1 • • • - F . Licensing and Insurance Requirements. Any person. furn. or corporation engaged in the business of installing, erecting, moving or maintaining signs in the City of Englewood shall be duly licensed by the City. A perso n who has applied for a sign permit and is not engaged in the sign erecting business may be allowed to install . erect, move , or maintain his own sign upon demon stration to the EleJlePtmeet CITY that he possesses sufficient knowledge and s kill and is appropriately insured for public protection. Upon such demonstration . the Elireeter 0, Eiesigeee CITY may issue a nonrenewable sign contractor's license. Such license will be valid onl y for the installation. erection or moving of s ign s as s pecified on the permit. Within a residential zone district, the homeowner may apply for a nonrenewable sign contractor's license for use on his own property . For such a licen se , the licen se fee will be waived. Before any permit is issued for a sign which may require any work ove r public property, the erector shall furnish to the City a ce rtificate of insurance from a firm with corporate surety, and authorized to do business in the State of Colorado. for public liability and property damage in amounts established by the EleJl&PHH eRl CITY of not less than the following and cove ring the liability of the s ign erector with respect to all work performed by him or hi s agents or employ ees : For death or injury to any one person . . . $1 00 ,000 .00 Total liability in any one accident . S3 00.000 .00 Property Damage . S 50 ,000 .00 Section 262. Title 16 , Chapter 4, Section 19 -SIGN CODE , Subsection 4 · PERMIT FOR GROUP SIGNS, Englewood Municipal Code 1985 , is here by amended as follows : Pe r so ns s ubmitting a plan for all signage which is d es ign ed as a n integral part of a new or existing development occupying no less than twenty-four thousand (24 .000) square feet of lot area. may be granted a twenty-five percent (25%) increase in number of signs or maX1mum square foot area subject to the approval of the Elitoeeter ef the EleJlertmeet CITY . Sectjon 263. Title 16 , Chapter 4, Section 19 -SIGN CODE , Subsection 6 -SIGNS SUBJECT TO TEMPORARY PERMIT, Paragraph B, Englewood Municipal Co de 1985 . is hereby amended as follows: B. Street Banners . Banners across public thoroughfares announcing events s pon so red by the City, Englewood School District, Arapahoe County, or charitable organizations may be authorized by temporary permit by the~ CITY. Such street banners shall be installed, removed and maintained by the sponsor; and the sponsoring agency shall provide evidence of insurance in an amount sufficient to relieve the City a nd the owner of the utility poles to which the banners are attached from liability. Sectjon 264. Title 16 , Chapter 4, Section 19 -SIGN CODE, Subsection 7 -SIGNS PROHIBITED IN ALL ZONE DISTRICTS, Englewood Municipal Code 1985 , is hereby amended as follows: 129 .. ) I • 0 • • -• ' . .. " .,--· • • • .. The foll owing signs ar e proh1b1ted in all zone districts a nd are declared a nuisance by the De11aptme11t CITY : A. An y ground s ign within a t riangular area of thirty feet (3 0') along two (2) s ides of a n intersecti on of curbs of two (2) streets, a railroad right-o f-way and a street . a driveway a nd a street, or an alley and a street, which do es no t have a clear a r ea of seven feet (7') between the grade level and the bottom of the s ign unless a pproved by the City Traffic Engineer. B. Animated signs except barber poles . C. Banners, except as in subsect ions 16 -4-19-6B a nd 16-.J -19-10E6. pe nna nts. valances and wind signs . D . Billboa rds. E . Flas hing or blinking lights or sign s . e xcep t fo r sco r e boards a nd t im e a nd temperature devi ce s. F . Portable signs . G . Outdoor display of merchandise on pu bli c n ght-of-way . H . Roof signs. I. Search lights . J . Signs painted on fences . K . Third-party signs. L. Wheeled advertising devices, except for permanent s igns on licensed vehicles . Sectjon 2611. Title 16 , Chapter 4 , Section 19 · SIGN CODE , Subsection 11 . SIG N AREA MEASUREMENT, Paragraph A. Sub-Subsection 3, Englewoo d Murncipal Co de 1985, is hereby a mended a s follows : A.3 . Signa ble Area . Signable wall a rea is a continuous portion of a building facade unbroken by doors or window s or major architectural feature s. It is calculated by selecting a continuous s urface , then drawing an imaginary rectangle within specified height limitations a nd computing the square fo ot a rea of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such a r ea on the building facade for the display of signs . If, because of the design of the building, a signable area cannot be identified, the De11aAme11i CITY and the applicant will determine a suitable area for signage . Section 266. Title 16 , Chapter 4, Section 19 · SIGN CODE , Subsection 12 · l\llAINTENANCE. Englewood Municipal Code 1985 . is hereby amended as follows : 130 • ' . I • 0 • • ' . ·•' " ,.--. • • - .. Every sign, including those specifically exempt from this Section in respect to permits and permit fees, shall be maintained in good condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The Dtreet,er er his er her Eies1~ee , CITY shall HAVE inspectED and shall have the authority to order the painting, repair. alteration or removal of a sign which is not in conformance with this Ordinance by reason of safety . health. or public welfare, or by reason of inadequate maintenance. dilapidation or obsolescence . Section 267. Title 16 , Chapter 4. Section 19 0-SIGN CODE . Subsection 13 · NONCONFORMING SIGNS, Englewood Municipal Code 1985. 1s hereby amended as follows: Any sign which was lawfully erected and maintained prior to the effecuv e date of this Ordinance, but which does not conform to the limitations establis hed by thi s Ordmance . except those signs prohibited, hazardous or abandoned. shall be nonco nformmg signs a nd subject to the following conditions: A. B. Registration of Nonconforming Signs . All nonconforming s ign s s hall be r equired to be registered with the DepartmeBt CITY . If a valid permit exists for the nonconforming sign. the DepartmeBt CITY will complete the regi stra tion and notify the owner or lessee of the sign or the owner of the property on which the s ign is located requesting verification of the registration information. If no valid permit exists for the nonconforming sign or if insufficient information is available . the owner or lessee of the sign or the owner of the property on which the sign is located will be notified and must register the nonconforming sign or provide the necessary information within thirty (30) calendar days of receipt of the notification . Termmatton of Nonconforming Signs . Any nonconforming sign shall be brought into conformance or shall terminate and cease to exist within ten (10) years from the date a permit wa s iss ued . If seven (7) years or more have passed from the date a pe rmit was issued to the effective date of the Code , then the sign must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code . Any nonconforming sign without a valid permit must be brought into conformance or terminate and cease to exist within three (3) year s from the effective date of the Code . In addition . a nonconforming sign mus t be brought into conformance or terminate and cease to exist if any one of the following conditions occur: Whenever the sign is damaged more than fifty percent (50%) of its total replacement value, or destroyed from any cause whatsoever, or beco mes obsolete or substandard under any applicable ordinance of the municipal.tty , to the extent that the sign becomes a hazard or a danger. Whenever the ownership of the property changes on which the nonconforming sign is located. Whenever there is a change in the lessee, ownership of the business or use to which the sign pertains . Whenever there is a request made for a permit to change the sign. 131 • ,. ) I • 0 ] • • -• ~-. • • - Whenever there is a request for a permit to make improvements to the facade of the building on which the nonconforming sign is located . C. Nonconforming Signs in Newly Annexed Areas . Any owner or operator of a nonconforming sign in a newly annexed area shall t erminate such nonconforming sign in accordance with the requ1.rements of this Section , with the effec tive date of the annexation ordinance being the start of the time limitation . D. Appeals. The owner or Jessee of a sign . or the owner of the property on which a sign is located, who has been notified by the E>e11artmeet CITY that such sign is nonconforming, may appeal that dec1 10n to the~ CITY MANAGER or designee, w1tlun twenty (20) days of the r eceipt of s uch notice. The appeal s hall contain the appellant's name and address . the decision being appealed . and a brief explanation of why the appellant hould not be required to co mply with the document appealed. The E>tree"6t' CITY MANAGER or designee may meet informally with the appellant to exchange necessary information and shall issue a decision in writing to the appellant at hi s address stated in the appeal. If the decision of the Dt-. CITY MANAGER or designee is not satisfactory t o said owner or lessee ; within tlurty (30) days of the E>ireetar 's CITY '.\<lA:'\A GE R'S OR DESIGNEE'S dectsi on . he may apply for a variance fr om the Boa rd of Adjustment and Appeals as provid ed for in Section 16-2-8 of the Comp rehe ns ive Zoning Ordinance . Section 268. Title 16 , Chapter 4. Section 19 -SIGN CODE . Subsection 1-t . PROHIBITED, HAZARDOUS AND ABANDONED SIGNS : ENFORCE'.\<IE:'\T PROCEDURES, Englewood Mun1C1pal Code 1985, ts hereby amended as follow s : It shall be unlawful to display , co nstruct, erect. alter, remodel , enlarge. move or maintain a prohibited sign within the City . It shall furtherm ore be unlawful to w s play , co nstruct, erect, enlarge. move or mamtatn a hazardous or a bandoned s ign within the City . A. Notification of Unlawful Sign s . Notice shall be given by certified mail or personal service to the owner or lessee of uch unlawful signs and to the owner of the property on which such unlawful s igns are located . Prohibited signs in e xistence before the effective date of this Ordinance , as described in Section 16-4-19-i, shall be declared a nuisance by the E>eJIBAmeet CITY. The notice shall require that prohibited signs shall be brought into conformance with this Ordinance or be removed within one hundred eighty (180) days after the nottce has been received . Signs existing before the effective date of this Ordinance which are prohibited in subsections 16-4-19-7D , J , and L. s hall be removed within three (3) years from the date the notice is rece ived . Prohibited signs erected after the effective date of this Ordinance shall be removed within five (5) calendar days of receipt of official notification from the E>e11BPtmeet CITY . This Section shall not be applied to require the removal of any sign for which it is unlawfully required , by Federal or State Constitution or statute, that compensation be paid by the City for sign removal , unless the City elects to pay any compensation lawfully required . Hazardous signs are those which , by reason of inadequate maintenance, dilapidation or obsolescence. create an imminent hazard to public health . safety or 132 • I • 0 • ,, _.-. • '. ,, .. • -' welfare, as declared by the EleJlfll'l,meRl CITY : those signs a re furth er declared a nuisance and shall not be displayed or erected within the Ci ty. The notice s hall require hazardous sign removal within five (5) ca lendar days. Signs abandoned for a period of tlurty (30) days s hall be declared abandoned s igns and a nuisance by the EleJIBPtmeet CITY: abandoned s igns s hall not be displayed or maintained within the City . The notice s hall require abandoned sign removal within tlurcy (3 0) days . 8 . Appeals. The owner or lessee of a s ign or t.he owner of the property on which a sign is located who has been notified by the E>eJIBPtmeRt CITY that s uch s ign is proh1b1ted . abandoned or hazardous may appeal that dec.ision to the ~ C ITY MANAGER or des1gnee within twenty (20) days of the receipt of s uch notice. except for hazardous s ign appeal which must be within five (5) days . The appeal s hall co ntam the ap pella nt's name and address. the deci sion being a ppealed . and a bnef explanation why the appellant should not be required to comply with the doc ument appealed. The~ CITY MANAGER or des1gnee may meet informally with the appellant to exchange necessary information and shall issue a decision in writing to the appellant at his address stated in the appeal. If the decision of the Direet&r CITY MANAGER or designee is not satisfactory to said owner or lessee , within fifteen (15) days. he/she may apply for a variance from the Board of Adjustment and Appeals as provided in Sect10n l 6·2-8 of the Comprehensive Zoning Ordinance. except for hazardous signs in whi ch case the E>iPeeter's CITY MANAGER'S decision is final. C . Failure to Comply with Notice . If the owner or lessee of a prohibited . abandoned o r hazardous sign or the owner of the property on wluch such sign 1s located fails to comply with notice given pursuant to tlus Section w1tlun the time s pecified, the City Manager or his designee is authorized to cause the action re quired by Ordinance, which may mclude removal of a s ign by the City . All costs m curred by the City, plus an administrative cost of fifteen percent (15%) of the direct cos t s shall be charged against the real property a nd its owners . D. E. Notice of Costs . If the City incurs costs talung action re quired by this Section , a statement shall be prepared for the entire cost plus fifteen perce nt (15 %) administrative costs, and be mailed by certified mail , return receipt requested , to the owner of the property on which the sign is located with instructions that said statement will be paid in full plus costs within tlurty (3 0) days of said mailing date . The notice shall also inform the property owner that the failure to pay the statement for costs for s ign removal witlun sixty (60) days s hall result in an assessment being made agamst the property which shall constitute a lien pursuant to Section 16-4-19 of the Comprehensive Zoning Ordinance of the City of Englewood. Assessment. If the full amount of the statement r e lating to sign removal for realty is not paid within sixty (6 0) days, the City Manager shall direct the E>iPeeter ef Ft1111neial 8eMeee III aeeeee AN ASSESSMENT OF BE MADE OF the entire amount of the statement plus an additional twenty-five percent (25%) penalty against the specified realty. After assessment liy the E>tieet'.lP ef Fi11a11eial 8eP\ieee, 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, 133 ' . • I I • 0 • • • .. • •,. .. • - and the date of sign removal, and a notice that the City claims a lien for th.is amount. The J:hreetsP sf Fie11eei11l Serutees CITY shall certify such assessment to the County Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected. F . Assessments. From the date of the assessing statement. all assessments s hall constitute a perpetual lien against the specified realty and shall have priority over all lie ns excepting general tax liens and prior special assessments . No delay s. mistakes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the Qif'eeM!P sf Fieaeeial Ser,.tees CITY MANAGER OR DESIGNEE. as the case may require, upon application made by the property owner or other interested person. When so remedied. the same shall take effect as of the date of the original assessment by the Qif'e"s• sf Finaeeial Sel"<iees CITY. G. Other Remedies . Any unpaid charge plus all costs and penalties shall constitute a debt due the City . The City Attorney shall, at the direction of the City Manager. institute civil suit in the name of the City to recover s uch charges, cost a nd penalties. The City may prevent by injunction and require removal of any sign erected without a permit. These remedies shall be cumulative with all other remedies, including prosec ution in Municipal Court for each violation of th.is Chapter pursuant to the provisions and penalties established by Title 1. Chapter 4, of the Englewood Municipal Code . Section 269. Title 16 , Chapter 4, Section 20 · CONDOMINIUM CONVERSION, Paragraph C, Englewood Municipal Code 1985 , is hereby amended as follows: C. Application. In making application for the condominium conversion. developer shall: I. File an application with the Qif'eeM!P ef P111!lte "'arks CITY on a form provided by that Qep11P1meet IT. 2. Pay an application fee of fifty dollars ($50 .00) for each unit in the building which can be sold as a condominium. 3 . Submit a letter signed by a licensed structural engineer or licensed architect certifying that the building to be converted meets the life safety requirements set forth in subsection 16 ·4-20G , or certifying that the building can be brought into compliance and identifying those modifications that must be made in order to comply . 4. Submit written certification by the Qif'eet;ep ef Utliities CITY that the service to the building will comply with the water and sewer code regulations in existence at the time of the application. Sectjon 270. Title 16 . Chapter 4, Section 20 · CONDOMINIUM CONVERSION . Paragraph G, Subsection 10 , Englewood Municipal Code 1985 , is amended as follows: G .10 . Elevators. Each elevator lobby or area shall be provided with an approved smoke detector located on the lobby ceiling or area . When the detector is 134 • .. A I • 0 J l •! • ,;--. • • • ' activated, e levator doo r s s hall n ot op e n a nd a ll car s se r ving that lobby are to return to the main floor a nd be unde r m anual co ntrol only . If t h e main floor detector or a transfer floor detector is activated . a ll ca r s se rvmg the main floor or transfer flo or s hall return to a locat10n a pprove d by the I>e13artmeftt ef Seie~ SeP¥ieee Fire Di. is1eft FIRE MARSHALL AND Chie f Building Official a nd be under manual co n t r ol only . The s moke detector is to operate be fo r e optical density r each es three-hundredths (0 .03) per foot. Section 271. Title 16 , Ch a pter 4. Section 20 · CONDOMI NI UM CONVE RSIO N, P a ragraph G. Subsection 11 , Englewood Municipal Cod e 1985. is here by amende d as follows : G .11. Security Systems. Security system s r estricting access to a building a r e permitted. provided that: a . It does not restrict e merge n cy e xiting fr om the building. b. A s uitable means of access is provided for a nd approved by the I>e13artmeftt ef Safety Sel'Yiees Fire Ointsisfl FIRE MARSHALL. Section 272. Title 26 . Chapter 4, Section 20 · CONDOMI NI UM CONVERSION , Paragraph K, Englewood Municipal Co de 1985 , is hereby amended as follow s: K. Administrative Procedure. When the information required unde r s ub section 6--1- 20C has been submitted to the I>e13artmeflt ef P1tlllie Werks C ITY . THE FOLLOWING PROCEDURE SHALL BE IMPLEMENTED: 1. The application, together with all of the required docum e nts . s h a ll be refe rre d to the City !le11ertmeft'8 which will be required to is s ue pe rmits for or provide service to the building to be converted to co ndomiruum s for review a nd co mment. The !le13ertmeftt s CITY may make s uch in spection s as are necessary to determine compliance with a pplicable codes . 2. The I>it"eeter ef P1,11llie 11.'srk e CITY s hall iss ue , within thirty (30) days from the submission of the completed application, a writte n decision as to wh eth er or not the application to co nvert meets the req uire me n ts of this Ordinance a nd is accepted or rejected . 3 . If the application is r ejected, the b asis for rejection s hall be s pecified in the I>it"eeter's C ITY'S wntten d ecision . The developer has ten (I O) days from the receipt of the written decision of rejection to fil e a n otice of a pp eal to the Board of Adjustment and Appeals . Section 273. Title 16. Chapter 5, Section I · STORM DRAINAGE , Englewood Municipal Code 1985, is hereby amended as follow s:: No construction shall take place that has the effect of increasing storm water runoff from the property unless the applicant presents a written statement s igned and sealed by a duly licensed civil engineer setting forth that the natural surface drainage of the s ite , in his/her opinion, is adequate to carry from said site , in a manner reasonably calculated not to cause 135 • ) I • 0 ·] • • • .. ~ ~- • , .. ,. .. ·- • -... damage to properties at a lower level from such site. all water naturally passing across the pre mises , together with the additional runoff created by any improvements thereon. The written statement shall be reviewed by the E>e13art1111eet ef P111!lie li'erke CITY MANAGER OR DESIGNEE. See also Section 16-4-16 of this Title , Flood Plam Ordinance. Sectjon 274. Title 16 , Chapter 5, Section 3 -PUBLIC GARAGES , FILLING STATIONS , PARKlNG AREAS, VEHICLE STORAGE LOTS AND CAR SALES LOTS . Paragraph A , Englewood Municipal Code 1985, is hereby amended as follows : A. Drainage, Surfacing and Maintenance: Areas s ubject to wheeled traffic, whether for parking, sales or storage, shall be property graded for drainage . provide on-s ite detention of storm runoff, and be surfaced with concrete, asphalt1c concrete . asphalt or brick pavers, subject to the approval of the E>eJ1artmei,.t ef P~l!lie "'arks CITY. Such areas shall be maintained in good co ndition . free of weeds . dirt. trash and debris. Sectjon 275. Title 16, Chapter 5, Section 3 -P UBLIC GARAGES, FILLJ'.'.G TATIONS . PARKlNG AREAS , VEHICLE STORAGE LOTS AND CAR SALES LOTS . Pa ragraph J , Englewood Municipal Code 1985, is hereby amended a s foll ows : J . Alley Improvements . Whenever access to the parlung lot or loadmg area s in any business or industrial district is by way of an alle y . the develop e r shall improve such alley access by providing a dust-free s urface thereon in a manner approved by the E>ireeter ef P~l!lie Werke CITY . Sectjon 276. Title 16 , Chapter 5, Section 7 -HEIGHT EXTENSION . Paragraph A , Subsection 2, Subparagraph d , Englewood Municipal Code 1985. is hereby amended as follows: A.2.d. No application shall be approved until written evide nc e has been received from the City Fire E>eJIM"tmeet , E>eJ1-meet ef P111!lie "'erke a11a tee Uttlitiee E>eJ1Mtme11t that the preliminary plans for t h e proposed building or improvement include adeq uate features for fire protection and public safety. Sectjon 277. Title 16 , Chapter 5, Section 17 -LANDFILL PERFORMANCE STANDARDS , Introductory Paragraph, Englewood Municipal Code 1985 , is he reby amended as follows: AU landfill operations conducted within the City limits of the City of Englewood shall be subject to the following provisions , and to requirements established by the Cit~ E11gi.11eer ef tee City of Englewood. Sectjon 278. Title 16 , Chapter 5, Section 17 -LANDFILL PERFORMANCE STANDARDS, Paragraph A, Englewood Municipal Code , 1985, is hereby amended as follows: 136 • ,. I • 0 . , • • -· • ,. .. • -' A. Operations and Maintenance. Operations and maintenance shall be under the direction of the CITY MANAGER OR DESIGNEE . Section 279. Title 16 , Chapter 5 , Section 17 · LANDFILL PERFORMA.1'ICE STANDARDS , Paragraph C, Englewood Municipal Code 1985 . is hereby a me nded as follows : C . Debris . Control over the blow ing of paper and other debris s hall be main tamed by the use of movable snow fencing , wire mesh fencing . or any other s wtable screening device approved by the City En~neer. Section 280. Title 16 . Chapter 5. Section 17 · LANDFILL PERFORMANCE STANDARDS . Paragraph E , Englewood Municipal Code 1985 , is hereby a me nded as follows : E . Water Lines . Water lines shall be installed for the control of fire s a nd dust a nd shall be sized m accordance with the SefeW SePViees E>e)lertment CITY requirements . Section 281. Title 16 . Chapter 5, Section 18 · DEVELOPMENT STANDARDS ON AND ADJACENT TO DESIGNATED LANDFILL SITES, Paragraph A, Englew oo d Municipal Code 1985 , is hereby amended as follow s: A. Review of Proposed Development on Landfill Sites. 1. For any parcel of land which is or has been solid waste disposal site no construction of structures or other land uses shall be allowed until the proposed action 1s reviewed and approved by the E>eJl&rtm ent ef CemmitniW E>e ele)l111ent , CITY the Fire E>i oi.eien , and Tn-County District Health Department . 2. Tri-County District Health Department and the Fire E>i ,eien CITY will be primarily responsible for obtaining flammable gas r ea dings from the site and supply safety information related to construction on a landfill . 3. The E>eJle"111ent ef Ce 111m1tniW E>e e)&Jll!lleftt Planning 8ft8 81ttltiicng E>i oi.eiee 'e CITY'S primary responsi bility s ha ll be to deal with the proposed land use and the engineering design . 4. All comments and recommendations shall be prese nted to t h e Plennieg E>i lieien eea 81ttlMRg ~ for review a nd decisio n as per subsections B and C herein . Section 282 . Title 16 , Chapter 5, Section 18 · DEVELOPMENT STANDARDS ON AND ADJACENT TO DESIGNATED LANDFILL SITES , Paragraph B, Subsection 5, Englewood Municipal Code 1985, is hereby amended as follows: 8.5. All construction or excavation sites shall be subject to inspection by the Fire E)i oi.eien CITY . 137 • ' . . ' I • 0 ]- • • -• ,. ,,-. • ... ' .. • - Sectjon 283. Title 16 , Chapter 5 . Section 18 D -DEVELOPME!\'T STANDARDS ON AND ADJACENT TO DESIGNATED LAl\'DFILL SITES, Paragraph C. Subsection 5 , Englewood Muruc1pal Co de 19 5. is hereby amended as follow s: C.5 . An y co n struction or excavation site s hall be subiect to ins pection by the Fire Qi 'lstee CITY . Section 284. Title 16 . Chapter 5, Section 21, COND ITIONAL USE , P a ragraph F , Subsection I. Englewood Municipal Code 1985 , is hereby amended as foll ows : F . Application Processing. l . Upon receipt of the application, the QeJ!IH'tlfteRt ef Ceman11Hty Qe. el eJ!ffl e Rt CITY shall be re s ponsible for coordinating the review of the appli cat10 n by t he various City departments and appropriate public age nc ies. culm in ating m the s ubmissio n of an advisory report a nd recommenda tion to the City Planrung a nd Zoning Com mission . A copy of the advisory r e port and reco mmendations s hall be furrus hed to the applicant. Sectjon 285. Title 16 . Chapter 5, Section 21-COND ITIONAL USE , Paragraph G, Englewood Municipal Code 1985, is her e by a mended as follows: G. Review for Co nformance . The QeJ!IH'tlfteRt ef Gemm klllity QeueleJ!meet CITY shall review all building permits wluch have been issued for the Co nditional Use and shall examine the construction which has taken place on the site to insure co nformance with the approved Conditional Use . If the use 1s not m co nforma nc e with the approved Co nditional se, a stop work order sha ll be placed on all co n struction until such time as the discrepancies are r esolved. If it is not brought into co nformance with the approved Conditional Use within thirty (3 0) days. the QeJ!B1'41ReRt CITY s hall report the violation and the terms and conditions of the ap proved Conditional Use to the Planning Commission . Th e Commission s hall give written notice to the Conditional Use applicant and all the owners a butting the Co nditional Use. and shall bold a public hearing on the report of violations submitted by the QeJ!IH'llfteRt CITY . Upon r evie w of the alleged violations. the Com mi ssion may. if it deems necessary, require that appropriate actio n be tak en to re med y the violations . The Commission may approve such a mendme nts a nd modify the a pproved Co nditional Use. If the amendments or modifications a r e not a pprove d , the applicant shall bring the project into conformance , or the Co mmission shall revoke the approval of the Co ndition al Use , giving wntte n findings therefor. Sectjon 286. Title 16 , Chapter 5, Section 21 -COND ITIONAL US E , Paragrap h I. Subsection 3 , Englewood Municipal Code 1985, is hereby amended as follow s: I. Revoc ation of Co nditional Use : 3 . Within the time stated by the Zoning Officer in the notifica tion of a violation of the Conditional Use , the owner or operator s hall rectify the vio lation . Upon 138 •, ) I • 0 • • -• • • - completion of any reqlUI'ed changes , the owner or oper a tor s hall notify the Plaeftieg Di·1teieft CITY that s aid changes have bee n m a de . Section 287. Title 16 . Chapte r 5 . Sectton 30 -SATELLITE DISH ANTENNAS . Paragraph C, Subsection 2. Subparagraph b . Sub-s ubsection (3). Engle woo d :\'lumcip a l Co d e 19 85. is hereby amended as follow s: C .2 .b.(3) Any r oo f-mounted s atellite di s h s hall have an e ngineer's certifica t e s ubmitted to the BlliliiiBg De111tPt1Beet CITY , venfying that the roof mo unting 1s sound and s table. Section 288, Title 16, Chapte r 5 . Section 30 -SATELLITE DISH ANTENNAS , Pa r a gra ph C , Subsection 2 , Subpara graph c, Sub-subs ection (4), Engle woo d :\'lunic1p a l Co d e 19 85 , is hereby amended as follows : C .2 .c .(4) Roof-mounte d s atellite dishes s hall have a n engmee r' ce rtificat e s ubmitted to the B,ulliteg De1111Ptmeet CITY . Section 289. Title 16 , Chapter 6 , Se ctions 4 · NON CONFOR'.\11'.'i G \'AC A:-:T LOT. Englewood Municipal Code 1985, is hereby amended as foll ows : A . A nonconforming vacant lot may be used only for a use pe rmitte d m t he zo ne distnct in wluch the lot is located . The~ CITY may waive m1rumum ope n s pace , parkmg lot area , setback or lot width requue men ts as de t e rmmed necessa ry . The ~ CITY may grant said waiver only if helehe ftftli.e thet: I. The property cannot othe rwise be used for any purpose pe rmitte d w1thm the zone di s tnct applica ble to the property. 2 . The waive r , tf granted , 1s necessary to afford relie f with the lea s t modifi cation pos sible ofth.is Orli.teaftee . TITLE . B . AR) 111111e11l iPelfl the Dweeter'e li.eeie1eH ehall ee ta the B011Pli. eL\e; .. etmeHt see ~ A DECISION MADE U NDER THIS TITLE SHALL BE TO THE BOARD OF ADJUSTMENT AND APPEALS . Section 290. Title 16 , Chapter 6 . Section 6 -REGISTRATION , Englewood Municipa l Code 1985, is hereby ame nded as follows : A. The owner or owners of the land on which the nonconforming u s e is located s hall register such nonconforming use by filing with the Oef1BPlffleftt ef Cemm.,ftit) De el0111Beftt CITY a registration statement for such nonconforming use on forms provided by the De1111rt1Beftt ef Ce111111.,Rity Deuel0111BeRt CITY . Such regis tration may be made in behalf of such owner by any person , firm , corporation or othe r entity which has a legal or equitable interest in the de s ignated land or any structure or structures housing said nonconforming u se . A copy of each registration statement shall be returned to the owner or owners by whom filed . a copy retained by the De1111rt1BeRt CITY and a copy of each original registration statement s hall be 139 ., .. ) I • 0 • • • " --• 1• t,• ~ .. • -' recorded by the Elepel'im.eat CITY in the Office of the County Clerk. The QepeAm.eat CITY shall accept. lodge , and record all tendered registration statements, but the acceptance, lodging and recording of the statements shall not constitute an authorization to operate an unlawful use. The filing of a false registration statement shall consotute a violation of this Ordinance . 8 . Annual Check by Elepel'im.eat ef Gemm.llftity Ele elepmeat THE CITY. The ElepeAm.eat ef GemJB111tit., Ele, eiepm.eel CITY shall send annually to the perso n . or persons , firm, corporation, or other entity that has registered a nonconforming use, a questionnaire by mail, inquiring as to the operation . status and other details concerning the nonconforming use . If such notice is not returned. completed. within ninety (90) days. the Elepel'lm.eat CITY shall record in the Office of the County Clerk a notice that the applicable nonconforming use is presumed to have been abandoned. A copy of this notice shall be sent to every person, firm , corporation or other entity shown by liepel'lmea'81 CITY records as then having a legal or equitable interest in the property ; provided. however, if it is established to the satisfaction of the Elepllftl'BeRt CITY that the applicable nonconforming use has not been terminated, the Elepat'tmeat CITY shall record forthwith a certificate withdrawing the notice that the nonconforming use was presumed abandoned. C. Time Extension. Nothing herein shall be deemed to grant an extension of the time required for registration or termmation of nonconforming uses under a previously existing ordinance. Section 291 . Title 16 , Chapter 8 . Section I , -DEFINlTIONS , Englewood Municipal Code 1985, is hereby amended as follows : The following words only used m this Title are hereby changed: ElEPA.RTME~IT: Ell&EGTQK: FLOOD PROTECTION ELEVATION: RIPRAP : The Qepel'lmeat ef Gem.m11nl"' Ele, elepm.eet. Elireeter ef the Elepel"im.eat ef Gemm11Rit) Ele, elepmeet. An elevation one foot (1 ') above the elevation of "flood profile" of the 100,year flood under existing channel and flood plain conditions . It is one foot (1') above the e levation of the flood for the Flood Plain Di s trict as shown on the Zoning Map in the effiee ef the GeJBJBllftit)' Qeoelepmeet ElepeAmeat. CITY OFFICES. A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable . Broken concrete masonry or concrete pavement may be used if approved by the Elireeter ef Ee~eeerieg Se,.•ieee CITY . The stone shall have a specific 140 ,. ~ .. • ) I • 0 ( • '· .. ~ -• A, • -' gravity of at least 2.25 and s hall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall have a minimum thickness of three inches (3") and a minimum volume of one cubic foot and at least fifty percent (50%) by weight shall have a volume of two (2) cubic feet or more. The riprap s hall be placed to conform to the specifications of the DiPeeler ef E1111/i11eeri11g Ser.,iees CITY. Section 292. Safety Clauses. The City Council hereby finds . determines. a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety. a nd welfare of the public. and that this Ordinance is necessary for the preservation of health and safety a nd for the protection of public convenience and welfare . The City Council further deternunes tha t the Ordinance bears a rat.ional relation to the proper legislative obj ect so ught to be obtained. Section 293. Severability. If any clause , sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any 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 it application to othe r persons or circumstances. Section 294. Inconsistent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereo f a re hereby repealed to the extent of such inconsistency or conflict. Section 2911. Effect of repeal or modification The repeal or modification of any provis ion of the Code of the City of Englewood by th1.s Ordmance s hall not r elease , e xtinguis h , alter. modify , or change in whole or in part any penalty. forfeiture . or liability . ei ther civil or criminal, which shall have been incurred under such proV1s ion . and each proV1s1on s hall be treated and held as still remaining in force for the purposes of s u stammg any and all proper actions, suits, proceedings, and prosecut10ns for the e nforcem ent of the penalty, forfeiture , or liability , as well as for the purpose of s ustaming any Judgm e nt, decree , or order which can or may be rendered, entered, or made m s uch ac tion s , s uits , proceedings . or prosecutions . Section 296. ~ The Penalty Provision of E .M.C . Section 1-4-1 s hall apply to each and every violation ofthis Ordinance. Introduced, read in full , and passed on first reading on the 22nd day of February, 2000 . 141 • . ' . 'I 0 I • 0 - • • • ----------.-------------------------------------.. • • • Published as a Bill for an Ordinance on the 25th day of February, 2000. Read by title and passed on final reading on the 6th day of March, 2000 . ... Published by title as Ordinance No ._, Series of 2000 , on the 10th day of March, 2000. Thomas J. Burns, Ma yo r 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 142 ' . .. . ' ) I • 0 I - • • • .. • .. • -... BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUNCIL BILL ~O . 8 INTROD UC ED BY CO DIC IL MEMBER WOLO SYN AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F. OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH AMENDS THE DEFI NITION OF GRAFFITI. WHEREAS , the Englewood City Council passed Ordinance No . 39, Series of 1998, the Nuisance Ordinance which included the current definition of "graffiti"; and WHEREAS. the current definition of '"graffiti"' includes a statement which perllllts "graffiti" if it was placed with the permission of the property owner: and WHEREAS. a subsequent review by the Englewood Code Enforcement Division a nd the Englewood Code Enforcement Advisory Committee disclosed the discrepancy and how it could substantially degrade the appearance of the City as well as making t h e current "graffiti" Ordinance non-enforceable: and WHEREAS. by the passage of the proposed Ordinance the definition of "graffiti" will be amended making the new Ordinance enforceable in the City of Englewood . Colorado; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. . The Englewood City Council hereby amends Title 7, Ch a pter 6 F , Section 11 , of the Englewood Municipal Code . 1985 . by amending the d efirut1 on of graffiti which shall read as follows : 7-6F-11: GRAFFITI : GRAFnTI DEnNITIONS: THE DEFACING OF P UBLI C OR PRIVATE PROPERTY BY MEANS OF INS CRIPTION , WORD . OR FIGU RE . DONE BY PAINTING , DRAWING . WRITING . ETCHING. OR CAR'v1NG WITH PAl~T. SPRAY PAINT. INK, KNIFE. ETCHING EQU IPMENT OR ANY SIMILAR METHOD WITHOUT WRITTEi'; PERM.ISSI01'1 OF THE OW~J.ERJPROPERTY OW~J.ER . Section 2. Penalty Proyisjon . The Penalty Provisions of E .M .C. Section 1-4-1 s hall apply to each and every violation of this Ordinance. $ectjon 3. Restjtutjon: Mandatory restitution shall be required under Section 1-4-7 of the Englewood Municipal Code . -I - .. . ' ' . ) I • 0 ]- • • .. • ,,,-~ • .. • -.. Sectjon 4. Safety Clauses The City Council. hereby finds. determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health. safety. and welfare of the public, and that this Ordinance is nece ssary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Seyerabiljty If any clause , sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalid . s u ch judgment s hall not affect impair or invalidate the remainder of tlus Ordinance or its application to other persons or circumstances. Section 6 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with tlus Ordinance or any portion h er eo f a r e hereb y repealed to the extent of such inconsistency or conflict . Section 7 Effect of repeal or modjficatjon The repeal or modification of a ny provision of the Code of the City of Englewood by this Ordinance s hall 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 s uch 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, procee dings, and prosecutions for the enforcement of the penalty, forfeiture , or liability , as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered. or made in such actions, suits. proceedings, or prosecutions . Introduced, read in full , and passed on first reading on the 22°d day of February, 2000 . Published as a Bill for an Ordinance on the 25th day of February, 2000 . Read by title and passed on final reading on the 6th day of March , 2000. Published by title as Ordinance No . ~ Series of 2000 , on the 10th day of March, 2000 . Thomas J. Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk -2- . ' , I • ) I • 0 3 xi - • • ,-~ .. .. • -.. 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 -3- I • 0 3 • • • ~ .,..--• • J •• .. • -~ 10133 BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COU NCIL BILL NO . 10 I NTROD UC ED BY COU. CIL :'vlE:vrBER BRADSHAW AN ORDINANCE AMENDING TITLE 2, CHAPTER 10 . OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMM ITTEE . WHEREAS , the City Co uncil has reviewed thi s Ordinance m t he process of appointing members to the Engle wood Code Enforce ment Ad\'l so ry Co mmitte e : a n d WHEREAS. the City Co uncil feel s it to be appropnate to r ed uce the number of members fr om 11 to 7 : a nd WHEREAS , the City Co uncil feel 1t a pprop n ate to r emove the unse t Prov, 10 n and make this a n on -going Co mm1ss10 n : NOW. THEREFORE . BE IT ORDAINED BY THE CITY OL.N IL OF' THE CITY OF' ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon ) . The Cit y Co uncil of the City of En gle wood , Co lor ado her eby a uthonzes amending Title 2, Chapter 10 , Section 2, of the Englewood '.\1uru c1p al ode 1985. which s hall read as follows : 2-10-2: COMPOSITION AND MEMBERSHIP : THE CO Ml\lITTEE WILL BE COMPRISED OF EbEV:EP.1 fH, SEVEN (7) MEMBERS APPOINTED BY CITY COUNCIL. AND THREE (3) EX-OFFICIO STAFF '.\1EMBERS APPOINTED BY THE CITY :-VIA 1 .AGER AND TWO (2) CO NCIL LUISO~ :\!EMBERS . THERE SH:Abb BE Ol>/"E (I ) MEMBER FROM THE Bt:Sl?-;ESS CO HMDIITY , O?-::E (I) MEMBER FROM THE CHAMBER OF COMMERCE. TWO (21 '.l.fEll.lBERS FROM THE CLEMI . GREEl>I MID PROCD COHHISSION , T"'O (2) MEMBERS FROM El>IGLEU/OOD FOCL'Sll>IG ON TOMORROW (EFOT) .. ',ND (Ii ) FIVE ME~.IBERS AT bz\RGE GIVE!>I TO GEOGRAPHIC REPRESEl>IT.',TIOM . '>'!TH THE EXCEPTiml OF REPRSSEP.:T.\Tl\cES FOR THE Bt:Sll>ISSS COMMDIITY .. \LL MSMBSRS SHA!.L RSSIDS WITHI!>J THE CITY OF El>lCLSWOOD . Sectjon 2. The City Co unci l of the Ci t y of Englew oo d , Co lorado her eby a uthorizes repealing Title 2. Chapter 10, Section 7 , of the Englewood Municipal Code 19 85. m its entirety. ~ S"'1NSET PROVISION. THE COQS SHFORCEMS!>IT :\D \qSORY COMMITTEE .UJQ THE PROVISIO!>IS OF TITLE 2. CHAPTSR 18 , SHALL TERMl!>UTE 11>1 FP.cE (S) YEA.18 Ul>lbESS THE COMMITTEE .\!>IQ THS PROJ,qSIONS OF TITLE 2, CHA.0 TER 18 . .',RE RSl>IEWEQ BY COU..IClb ORBl!>IA!>ICE. -I - I • 0 - • • • • ,. "•. ~ • - Sectjon 3. Safety Clauses The City Council, hereby finds , determines, and declares that tlus Ordinance 1s 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 4. 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 competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Sectjon 5 Inconsjstent Ordjnapces All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any poruon hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, read m full. and passed on first reading on the 22•• day of February, 2000 . Published as a Bill for an Ordinance on the 25th day of February, 2000. Read by title and passed on final reading on the 6th day of March. 2000. Published by title as Ordinance No. _, Series of 2000, on the 10th day of March. 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 -2- • ' . ... I • 0 • • ORDINANCE NO ._ SERIES OF 2000 ,. ~· • • - BY ACTHORITY OUNCIL BILL NO . 11 INTR ODC CE D BY COt.:NCI L MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 3. OF THE ENGLEWOOD MCNICIPAL CODE 1985 , WHICH PERTAINS TO '.\1Ul\11 C IPAL OFFICERS Al\D EMPLOYEES . WHEREAS . the Englewood Muni cip al Code co nta in s secti on s which r ela te t o operational aspects of the Hum a n Reso urce fun cti on : a nd WHEREAS , the revis10ns relate to the removal of \'a n ous administrative policie s and procedures from the Code and placmg them mto the City of Englewoo d Administrative Polices a nd Proce dures manual : NOW , THEREFORE. BE IT ORDAINED BY THE !TY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the Cit~· of Englewoo d . Co lorado hereby re peal s Title 3. Chapter 1, in its entirety and e na ct s a new T1tl 3. ha pte r I , of the Engl ewoo d Municipal Code 1985 , which s hall read as follows : TITLE 3 ADMINISTRATIVE POLICIES AND PROCEDURES. EMPLOYEE ORGANIZATIONS, :'oJEGOTIATIONS A..'IJD IMPASSE RESOLUTION PROCEDURES; STRIKES; RETIREMENT PLANS. 3-1: ADMINISTRATIVE POLICIES AND PROCEDURES IN ACCORDANCE WITH ARTICLE VlI OF THE ENGLEWOOD H0!\1E RULE CHARTER THE CITY COUNCIL HEREBY DIRECTS THAT ADMINISTRATIVE POLICIES BE ADOPTED BY THE CITY MANAGER TO REPLA CE FORMER CO DE SECTIONS RELATED TO: APPEALS A~!]) HEARI'.\!G OFFICER'S . POSITION CLASS IFICATION . COMPENSATION PLANS. RECRUITMENT. PROMOTION , DEMOTION . TRANSFER, SELECTION/ADVANCEMENT . PROBATIONARY PERIODS , PERFORMANCE EVAL UA TIO NS. TRAl i ING. RESEARCH Al\11) EXPERIMENTATION, HO URS OF WORK , RECORDS AND REPORTS . SEPARATIONS , CORRECTIVE AND DISCIPLINARY ACTIONS . CONFERENCES, COMPLAINTS AND APPEALS AS WELL AS CONDU CT OF MEMBERS . Sectjon 2. The City Council of the City of Englew oo d. Co lorado hereby r e peals Title 3, Chapter lA, in its entirety, of the Englewood Muruc1pal Co de 1985. Sectjon 3. The City Council of the City of Englewood . Colorado hereby repeals Title 3, Chapter lB, in its entirety, of the Englewood Municipal Co de 1985. -I - • I • 0 - • • • .. ,,... . • • - Secuon 4. The City Council of the City of Englewood. Colorado hereby repeals Title 3 , Chapte r JC . m 1t.s entirety, of the Englewood !Municipal Code 1985. Semon 5. The City Council of the City of Englewood . Colorado hereby repeals Title 3. Chapter JD , in 1t.s entirety, of the Englewood Munmpal Code 19 85. Section 6 . The City Council of the City of Englewood , Co lorado hereby repeals Title 3 , Chapter IE , in its entirety, of the Engle wood Municipal Code 1985 . Section 7. The City Council of the City of Englewood , Colorado hereby r e peals Title 3 , Chapter IF, in it.s entirety, of the Englewood Municipal Code 1985. Sectjon 8. The City Council of the City of Englewood. Colo rado hereby repeals Title 3 . Chapter JG, in its entirety, of the Englewood :\1unic1pal Code 1985 . Section 9. The City Council of the City of Englewood . Colorado hereby repeals Title 3. Chapter IH . in its entirety. of the Englewood Municipal Code 1985 . Section 10 . The City Council of the City of Englewood . Colorado hereby repeals Title 3. Chapter II , in its entirety, of the Englewood Municipal Code 1985. Section 11. The City Council of the City of Englewood, Colorado hereby repeals Title 3. Chapter lJ , in its entirety, of the Englewood Municipal Code 1985 . Section 12 . The City Council of the City of Englewood , Colorado hereby repeals Title 3. Chapter lK. in its entirety, of the Englewood Municipal Code 1985 . Section 13 . The City Council of the City of Englewood . Colorado hereby repeals Title 3 , Chapter lL, in its entirety, of the Englewood Munici pal Code 1985. Sectjon 14 . The City Council of the City of Englewood . Colorado hereby repeals Title 3. Chapter IM . in its entirety, of the Englewood Municipal Code 1985. Sectjon 15 . The City Council of the City of Englewood . Colorado hereby rep eals Title 3 , Chapter lN, of the Englewood Municipal Code 1985 Sectjon 16 . The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter 10, in its entirety, of the Englewood Municipal Code 1985 . Section 17 . The City Council of the City of Englewood , Colorado hereby r epeals Title 3. Chapter 3 , Section 1, in its entirety of the Englewood Municipal Code 1985 . Section 18 The City Council of the City of Englewood. Colorado hereby repeals Title 3 , Chapter 3 , Sections 2 and 3, in their entirety, of the Englewood Municipal Code 1985. -2- • ,. .,_ ) I • 0 - • I l • • --. • ... A, • - Section 19. The City CoutlCll of the City of Englewood , Colo r ado he r eby renumbers Title 3, Chapter .J . to Title 3, Ch apter 2. of the Englewood :Vlunic1pal Code 1985 . to read as follows: CHAPTER 2 EMPLOYEE ORGANIZATIONS 3-44-3-2-1: POLICY STATEMENT: From the effective date of this Ch apte r . exclusive recognition of an e mployee orga nization to represe nt e mployees i n a n appropriate bargaining unit s hall be accomplished only by e lection in the manner set forth herein. the City Council s hall designate a Hea ring Officer who s h all be responsible for overseeing a ll e lection s of an e mpl oyee organization which seeks exclusive r ecognition as the ce rtified emp loyee organiz ation in a n appropriate bargaining unit. P etitions for an e le ction may only be s ubmitted for selectio n. a nd retention, of a certified employee orgaruzation or for clarification or ame ndm e nt of a n appropriate employee ba rgairung urut. 3-4-ll 3-2-2: PETITION FOR SELECTION OF EMPLOYEE ORGANIZATION : A petition for select10 n of a ce rtified e mployee organization m ay be filed by an employee or group of emp loyees who qualify for inclu sion in an appropriate bargaining unit, or by an e mployee or ganizat10n claiming to r e prese nt e mployees in an appro_priate bargaining umt for th e purpose of co ll ec tive bargaining. 3-4-3 3-2-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION : A petition for retenti on of a ce rtified e mployee organization may be filed by a n employee or group of e mpl oyees who qualify for inclusion in an appropriate bargairung umt or another e mployee organization wi s hing to decertify a n existing ce rtified employee orgaruzatlon . Said petition shall be fo r t he then ce rtified bargaining umt. Wh e n deemed a ppropriate by the Hearing Officer. a per.mon for retennon may also be treated as a petition for se lection . 3-4,-4, 3-2-4: TIME FOR FILING PETITIONS: A penuon for se lecuon or retention of a ce rtified empl oyee org a m zation may be filed at any time . provided (a) a valid e lection for selection or retention has not been co nduct e d in the ame appr op riate bargaimng umt withm the preceding twelve (12) month : or (b) the re is not then in exi stence a current and valid co ll ect1\'e bargainmg agree m ent. 1 n the eve nt there e xi sts a current a nd valid co llective bar gaini ng agree m e nt, a petition . to be timely. mus t be fil e d with the City Clerk m or e than three hundred tlurty (330) calendar d ,1ys. but not more than three hundred 1xty (360) ca le ndar days prior to the expiration date of the effective co lle c u"e bargainmg agree m e nt. A co ll ective bargaining agreement that is prematurely e xte nded or a co llective bargaining agreement that h as been negotrnted a nd r aufied prior to t he expiration of the then current collective bargaining agreement, will not bar the filing of a petition: provided said petition is filed more than three hundre d thirty (330) cale ndar days , but not more than three hundred sixty (360) ca le nda r days prior to the expiration of the then c urrent co llective bargaining agreem e nt . -3- ) I • 0 - • • l • .. ~ ,,-~ • • -... 3-4-& 3-2-5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR RETENTION: A pe tition for se le cti on or re t e ntion mu s t be signed by .at least tlu.rty t hree pe r ce nt (33%) of the full-tim e , cl assified e mplo ·ees m an app r opriate ba r ga mm g urut expressing a particular request with re gard t o re prese n ta t io n . ~ 3-2-6: PETITIONS FOR CL-\RIFICATION OR Ai\1:ENDMENT : A petition for clarification or amendme nt of a n e x1 tmg a ppropria t e barga irung uru t may be filed at any time by the City or a n e mployee orga nization : provide d. howeve r . t ha t only one petition for clarificat10n or a mendme nt may be fil ed by the s am e pa r ty with respect to the same bargaining unit in any on e cal e nda r year . ~o e lec t10n s h a ll be allowed or conducted for clarification o r a m e ndme nt . A He aring Offi ce r a ppo inted by the City Co uncil s hall conduct a hea ring on the pe t it io n fo r cl a rifi cation or amendment consistent with Section 3 -2 -11. Following the h earing , the Hearin g Officer s hall make a re port which s hall con s ist of findin gs of fa ct a nd a re commenda tion t o the City Co un cil , and the City Co uncil's dec1s 1on s h a ll be effe ctive on the date it is r e ndered and collective bargaining co ntract s s h a ll co nta m la n gu age co n siste nt with this Se ction . 3-1-+ 3-2-i: FORMS: An appropriate form or form s for the fil ing of the e num e r a t ed pe titions s hall be available at the office of the City Cle rk . 3-+-S 3-2-8: PROCESSING OF PETITION: A petition fo r se lection or r etention of a certified e mployee organization or a petition for clanfica t10n or a m e ndme nt of a n exi s ting appropriate bargaining unit must be filed with the City Cle rk . A co py of sa id petition shall be s imultaneously served upon the City Manage r a n d/o r the curre nt certified employee organization. if any. A Hearing Officer a pp ointe d by the City Council s hall process the petition and e s tablish all necessary rule a nd proce dure fo r conducting an e lection if an el ection is to be conduct e d . If a n e lection I t o be co nducte d , the de signated Hearing Officer s hall schedule a pre -electi on co nfe re nce with the City a nd the e mploye e orga nization (s) involve d . t o be h e ld w1thrn fi ve (5) cale ndar days after the petition ha s been filed with the City. An a tte mpt s h a ll be made to enter into a consent election agre eme nt at the pre -e le cti on co nfere nce . uch a greement s hall include a description of the appropriate unit. the tim e a nd p lace fo r holding the election and the payroll period to be u se d m d e t e rm1run g the e m p loyees within the appropriate urut that sh a ll be e ligible t o vote . Such co n e nt e lecti on s h all be co nducted within twe nty-one (21 ) calendar d ays of the a gree m e nt unde r t he direc tion and s upe rvision of the City Election Commission . App rova l by t h e designated He aring Office r , the time for conducting the co nsent e lec t10n m ay be e xte nded a t the reques t of the City , petitioner, or othe r inte r est e d parti es for a n a dditional period not t o e xcee d tw e nty-one (21 ) cale ndar d ays . 3-4-& 3-2-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON SELECTION OR RETENTION: A . If the parties are unable to e nte r into a con sent e lec tion agr ee me nt. within seve n (7) calendar days of the pre-e lection co nfe r e nce . t he H earin g O ffi ce r s ha ll schedule a hearing to be he ld w1thm fourtee n ( 14) ca le nd a r d ay of the pre -e le c tion conference . The Hearing Offi ce r s ha ll d o a nd pe r fo rm the foll owing functions : -4- • ., ) I • 0 • B. • .. ~ -· • '· .. .. • -.. l. Establish, after notice and hearing to both parties, fair and equitable election rules and procedures designed to insure freedom of choice to all employees in the appropriate bargaining unit to determine whether they wish to be represented for purposes of collective bargairung in such a manner that the choice shall be free of restraint, coercion and significant misrepresentation of facts. 2. At the hearing provided for in paragraph A above . the Heanng Officer shall make a report that shall consist of findings of fact and a recommendation as to whether there exists an appropriate bargat.n.ing unit. In making such findings and recommendation . the Hearing Officer shall rely on the following factors : a. The unit will insure employees the fulle s t fr eedom a nd the exercise of rights granted under this Title a nd under the City Charter. b . The community of interest of the employees . c. The history of the employee relations m the urut. a mong other employees of the City , and in similar pub!J c employment. d. The effect of the unit on the efficient o peration of the public service and sound employee relations . e . The effect on the existing classification structure of dividing a single classification among two (2) or more units . 3 . lfthe Hearing Officer makes a finding and recommends that there exists an appropriate bargaining unit, the Hearing Officer s hall also determme the following issues: a . b . C. d . e . Whether there is a sufficient showing of employee mterest to justify an election . Whether a question of representation exists. Whether the employee organization named in the petition is qualified . Whether there are barriers to an election in the form of an existing contract or pnor election . Whether the elecuon 1s otherwise proper under the Charter or ordinances of the City. The Hearing Officer shall issue written findings and recommendat10ns w1thm ten (10) calendar days of the close of the hearmg which shall contain reasons therefor as to any and all of the matters at issue such written findings and recommendations s hall be presented to the City Council for action no later than the second regular Council meeting following the receipt of the Hearmg Officer's findings and recommendations , the City Council shall rnte to either accept or reject the recommendations of the hearing officer. if the city council approves a recommendation of the hearing officer that there exists an -5- • ., ' . . ' ' ) I • 0 • • • ,. ,,-. • .. . ,• • • .. a pprop riate bargaining urut a nd a n election should be held. t he council s hall set the time a nd place of holding a n election a nd the payr oll pe ri od to be used m determining the e mpl oyees within the appropria t e bargainmg urut that shall be eligi ble to vote a nd that the Election Commiss10n s hall s up ervise a nd conduct the electio n by secret ballot. ~ 3-2-10 : OBJECTIONS TO ELECTIONS: A . Any party and the Election Co mmiss10 n official s up erv1s in g the election m ay challenge , for good cause. the e ligibility of a ny person participating m the ele ction . The ballots of s uch ch a llenged persons sh all be impou nd d . Imm e di ately upon the co ncl u sion of t he election . the El ection Co m m t s1on hall ca u se to be furrushed to the pa rties a tally of the bal.l ots . Within fiv e (5) ca lendar days a fte r the tally of ballots has bee n furrushed . a ny party ma y fll e with the Ci t y Cle rk a written statement of ob1ect1o n to the cond uct of the e lec tion or co nduct affecting t he results of the ele ction , which shall co n tain a short st a t eme nt of the reasons therefor. An y party may a t this tim e a lso fil e objections to the findings a nd recommendations of t he Hearing Offi cer whi ch were rendered cove ring those matters set fort h m Section 3-~·9A a nd B . Co pi es of s uch objection s shall imm ediately be sen·ed up on the other parties by the party filmg them . The party filing obie cti ons s hall also furrus h t o the tty Cler k a nd a l.l other parties a s ummary of the e,,dence availa ble t o tt t o s up port th e obj ection s . B. If no objection s were filed withm the time set fo rth above . a nd if a ny challenged ballots a r e insufficient in number to affect the r es ults of the election , the Ci t y Clerk s hall fo rthwith iss u e to the parties a ce rtification of the res ul ts of the election . including certificati on of the certified empl oyee organizat ion , whe re ap propria t e. C . If objections a r e filed . or u ch a ll en ge d ballots a r e s uffi cien t m number t o affect the results of the electton . the City Cle rk sh a l.l r eport the obJect1on to the City Co uncil which will designate a Hearing Officer within fifteen (15) calend a r days of the e lection t o co nduct a post-elec tion hearing. :-lothing herein s hall be inte rpreted as precluding the same He a r i ng Officer se n'lng m both the pre-e lection a nd post -e le ction hearmg. Within five (5) cale nda r d ays after t he a pp oi ntment, the Hearing Officer s hall sch edule a hearmg on t he obJectto ns a nd/or challenged ballots to be held within twenty (20) calend a r days of hi s a ppointment. The Hearing Officer's findings a nd r eco mm e nd ations on a ll matte r s in dispute s h a ll be issued within ten (10) ca le nd a r days afte r the clo se of the hearing. The City Co uncil sh a ll r e,;ew a nd take action on the Hearmg Officer·s findings a nd r ecom mendations at the Co uncil meeting fo ll owing r ecei pt of s uch findings a nd r eco mm endations . if the Ci t y Council dete rm ines that t he o bJect10ns to the election a r e s u stained , the co uncil s hall determine wha t action . 1f a ny. s ho uld be implemented. 3-+-i+ 3-2-11: HEARING PROCEDURES FOR PETITION FOR CLARIFICATION OR AMENDMENT: A. A he a r i ng to be held by a Hearing Officer a ppointed by the Cit y Co unci l t o determine the following issues shall be held within fourteen (14) ca le ndar days of t he filing of the pe tition for clarification or a me ndm e nt. -6- • .. ., . .. I • 0 • ,,-. • • -.. I . Whether a petition was prope rly filed a nd is otherwise p r ope r und e r tlus Title a nd under the Ch a rte r of t h e City of Engl e wood . 2 . Whethe r the amendment or cla rifi ca tion is co n sistent with the co n cep t of appropriate e mploye e repre entauon uruts as co ntained in ubsecuon 3-4-9Af 3-2-9A2 . B. The Hearing Officer's writte n findmgs a nd recommendations s hall be 1 sued within ten (10) calendar days afte r the cl os e of h earing a nd co ntain reason s therefor as to any or all of the matte r s at issue . The Hearing Officer's findings and s hall be a cted upon by the City Council at it s next regula r meeting following recei pt of uch findings a nd r eco mmendation s. Sectton 20 . The City Co unctl of th e City of E n gle wood . Co lor a do hereby r e num be r s Title 3. C hapter 5 , to Ti tle 3 , Chapte r 3. of t h e Englew oo d ~lumcipal Co de 19 5 . to read as follows: TITLE 3. CHAPTER 3 NEGOTIATIONS AND IMPASSE RESOLUTIONS PROCEDURES. STRIKES 3-e-l 3-3-1: STATEMENT OF POLICY : It 1 the public poli cy of t h e pe ople of t h e City to promote harmonious, peaceful a nd coo pe r atl\· relauon s h1p s be tween the elected and appointed officials of the Ciry a n d the m mb e r of t h e cla ssified se r v1ce and to protect the public by assuring , a t a ll ume . re.pon s 1ble . orderly a nd urunterrupted operation of go,·ernm e nt se rY1ces a nd whe r e necessa ry t o provide fo r and regulate s uch matter of local co nce rn . mce unre olved disputes in the pubh c serv1ce are injurious to the public a nd t o the governme nt of the City a nd City e mployees. there 1s hereby pro\'lde d . for fuU-t1m e , classifi ed e mployees in an appropriate bargain.ing umt. th nght t o bargain co llectively co nce rnm g ce rtain s ubJ ects with the Ci t y a s e mplo,·er t hrou gh a ce rtifi e d mpl oyee orgamza u on a nd a m eth od for reso lving 1mpa es m s u ch ba r gamrng as h e r e mafter provid e d . The e s tablis hment of tlu m eth od of resolvmg s uch 1mpa se s hall be deem e d to be ;:i recogn.ition of the prupr1ety of provtdmg a n alternatl\·e mode of settling di s pute where public e mployees , as a m atter of public poli cy . and in recognmon of the des 1rabtl1ty of mamta inmg a balance in the labo r m a nage me n t r elat1o n s lup . mu t be derued the right to s tnke . 3-4-3 3-3-2: ENTITLEMENT TO BARGAIN WITH THE CITY: Onl y full -t une, classified e mployees in a n appropriate bargaining uni t ha,·e the nght to bargain collectiv ely with the City through their certified employee r e presentative to w a rd securing a co llective bargaining agreement. Only a n e mp lo yee o rg amzat1on tha t has be e n ce rtified by the Career Service Boa rd pri or t o :si ove mbe r , 1995 or t h e r eaft e r by the City Council shall be entitled to engage in co llective bargaining with the Ci t y . ~ 3-3-3: SCOPE OF THE COLLECTIVE BARGAINING AGREEMENT: The collective bargaining agreement between the City and the ce rtified bargammg representative shall consist of any and all terms actually agreed upon by the parties, which terms are not otherwise inconsistent with the ord inances or Charter of t h e City. The collective bargaining agreement s hall be for a term of not !e s than one year, nor more than three (3) years; provided , that all collective bargaining agreements entered into s hall be effective on a January I date a nd s hall terminate on a December 31 date . -7- • ) I • 0 • • • ·----. • ·,· .. • -.. 3-i-+ 3-3-4: COMMENCEMENT OF NEGOTIATIONS : The obliga t10n to meet at responsible times a nd negotiate m good faith hall co mm e nc e on or pr10r to .\fay 15 of any applicable yea r m which the bargammg agreement expues or in which co llect1ve bargammg 1s otherwise proper under tlus Title . This obliga t10n s hall be 1rut1ated by a req uest from either the City or the ce rtified empl oyee representative which outlines the specific s ubjects upon which bargaining ha ll be so ught. Either party, however . shall be permitted to raise additional subiects for bargairung m theu first co unter proposal. Only those mandatory economic s ubi ects so raised and up on which the part1 es are a t an impasse may be referred t o the arbitrator for impasse r esolution . 3-N 3-3-5: RATIFICATION OF AGREEMENT: A. By the City. A collective bargaining agreement s hall not be effectl\·e betwee n the parties or bmding upon the City until s uch time as the Ci t y Council approves and ratifies the terms of said co llective barga1rung agreement. pon tentative agreement with the authorized represe ntative of the City. the City s hall forthwith present said agreement to City Council for its app r oval a nd ratification, and shall make every rea so nable effort to secure said app roval and ratification. B. By t he Certified Employee Orgamzat1on . Upon tentative agreement with the City, t he certified employee or ganization and its officer s s hall fo rthwith present said agreement to its members for their approval and ratifi cation . and s ha ll make every reasonable effort to sec ure said app r oval a nd rat1fi cat10n . ~ 3-3-6: IMPASSE RESOLUTION : Impasse re solut10n s hall be co nduct ed in accordance with the provisions of the City Charter. Section 13i:6 . 3-64 3-3-7: STRIKES PROHIBITED : A. The protection of the pub.lie health. safety and welfare demands that nenher the certified employee representative . nor any employee orgamzatrn n , nor any employees of the City, n or any person acting m concert with the m . will cau e . sanct10n or take part in any strike . B. C. In the event a certified employee representative engages m a n~· co n duct wlu ch falls within the definit10n of"strike" herein , such v10lat1on hall be ca use for the City to terminate t h e collective bargaining agreement with aid certtfied employee representative and/or withdrawal of recogrut 10n of the ce rtified employee represe ntative upon giving written notice to that effect to the clu ef representative of said certified employee representative or empl oyee orgamzation, m addition to whatever other rem edies may be available to the City a t law or m e quity. In the event an employee or employees engage many co nduct which falls w1thm the definition of "s tnke" herein, such violation s hall co n stitute Just cause for imm ediate discharge of said emplo yee. m addition to whatever other remedies may be availa bl e to the City at law or in equity. The City hall not be reqwred to pay a n y employee a ny portion of !us/her salary or fringe benefits while engaging in activity m violation of this Section. It 1s expressly recognized that the City has t h e right to se lectively discipline . up to and including di charge, any e mployee or employees whose conduct falls within the def1mtion -8 - • ' ., 0 I • 0 ·]- • • ,. • 1· .... • -... of this Section without having t o discipline all employees whose conduct fall s within the definition of this Section. An e mployee or terminated or disciplined by the City under this Section s hall have the right to grieve said disciplinary action. threttr;I, tl,e "Diseipltn11r, .'zppe11ls ", 6eetten a lN 9 . Section 21. The Cit y Counctl of the City of Englewood . Colorado hereby r enumber s Title 3. Chapter 6 . to Title 3 . Chapter 4 . "City of Englewoo d NonEmergency Employees Retirement Plan and Trust As Amended And Re st a t ed Effective January l. 1999"', in its entirety of the Englewood Murucipal Code 1985. to rea d as fo ll ows : CHAPTER 4 CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY 1. 1999 3-6-l-3-4-1: PURPOSE : Effective as of January l , 1999, the City Council of the City a dopte d th e a me nded and restated Plan. as set forth herein . to continue and replace the Plan prev ious ly m effect. The Plan and Retirement Fund are intended to meet the r equire me nts of Sections 40l(a ) and 50l (a ) of the Internal Revenue Code of 1986. as a m e nd ed . Th Plan previously known as the "City of Englewood Retirement Plan" s hall he r einafte r be known as the "City of Englewood Nonemergency Employee s Retireme nt Plan". The Plan and the Retirement Fund forming a part hereof, were establis h ed a nd shall be maintained for the exclusive benefit of the eligible Employees of the Ca y a nd their Beneficiaries. No part of the Retirement Fund can ever revert to the City exce pt a he r e ina fte r provided, or be used for or diverted to purposes other than the e xcl u iv e be nefit of the Employees of the City and their Beneficiarie s. This amendment and restatement of the Plan shall not, in any way , a ffect the righ ts of former Employees who participated in said Plan and who either r e tired or otherwise terminated their employment prior to January 1. 1999. The rights . 1f any , of such former Employees and of their Beneficiaries and the amounts of t heir benefits, if any, shall continue to be governed by the provis ions of the Plan as it wa s in effect on December 31 , 1998. or the date . if earlier, of the ir retirement or termination of employment, unless specifically provided for otherwise here in . 3+a 3-4-2: DEFINITIONS AND CONSTRUCTION : ~ 3-4-2-1: NAME: The retirement income plan as set forth in this document shall be known as the City of Englewood Nonemergency Employees Retirement Plan and Trust and is hereinafter referred to as the "Plan." -9- • ) I • 0 ] • • -• .. p --. • j ~ •• .. • -' ' 3-6-a-ll 3-4-2-2: DEFINITIONS: Unless the co ntext otherw ise r equir es . t h e definitions and general prons1ons contained in this Subsection govern the co n struction of this r estated Plan. A. "Accrued Be n efit" means the benefit determined in accordance wnh Section ~ 3-4-7 h ereof. B. "Accumulated Co ntributio n s " means the sum of the :\1embe r 's contributions t o tlus Plan. credited with interest thereon at the rate of 3 .5% per annum . C . "Act uaria l (or Actuarially) Equivalent" means equality in ,·alue of t h e aggregate amounts expected to be received under different form s of payme nt based on interest rate a nd mortality assumptions as defi ned b e low unless ot h e rwise s pecifically provi ded in the Plan: l. Interest Rate Assumption for Alternative Periodic Benefits. The interest r ate u sed for purposes of co mputin g alte rn ative penodic fo rm s of benefits s h a ll be 7 .5 % effective January l. 1986. 2 . Inter est Rate Assumption for Single-Sum P ayme nts . Effecth·e for the calendar year beginrung on January 1, 1986. and fo r each ca lendar yea r following sequentially t h ereafter, the mterest rate used fo r p urpose s of co mputing s ingle-s um payments s hall be the immediate a nnuity rate (s ubject to adjustment as required for deferred annuities) u sed by t h e Pension Benefit Guaranty Corporation as of the January 1 co incide nt with or preceding the date as of which the a mount of the alternative form of benefit is being determmed here under. 3 . Mortality Assumption . a. Effective July 1, 1999, the morta lity assumption for calculation shall be a um sex rate that is fifty perce nt (50 %) m a le . fifty percent (50%) percent female , taken from the 1983 group annuity mortality table . prior to July 1, 1999. s u ch mortality assumption s hall be a uni ex rate that is fifty percent (50%) male , fifty percent (50%) female , taken from the 1971 group a nnwty m ortality table . b . Solely for purposes of Section~ 3-4-16, hereof, on and a fte r January 1. 1995, the mortality ass umption for calculation s h a ll be a unisex rate that is fifty percent (50%) m ale . fifty percent (50%) female , taken from the 1983 group a nnwty mortality table . D . "Beneficiary" means the person or persons who a r e so de 1gnated by the Member, in the latest written notice which the Member has filed with the Retirement Bo a rd . to receive a n y payment to which a Be neficia ry may beco me e ntitled unde r th1s Plan. E . "Board" or "Retirement Board" means the Board appointed by the City Co uncil and charged with the general administration of the Plan as set forth m Section 3-6-11-1 h e reof. F . "City" means t h e C ity of Englewood , State of Colorado. -I 0- • ' " .. ) I • 0 - • • • ,,-. • • - G . "'City Co uncil" means the City Co uncil of the City . H . "Code" or "Internal Revenue Code .. means the Internal Revenue Code of 1986 26 USC (1986), as amended from time to tim e. I. "Compensation " means the tota l cash r e mune r ation paid to an Emp loyee fo r a cale ndar year by t he City for perso n al service s as reporte d on the Employee '- income tax withholding s tate m ent or s tatements (Form \\'-2. or its s u bseque nt e quivalent), including longevity pay and excl uding bonuses. extra pa~·- compe n sation time, ove rtime , lump-s um payments m lieu of accrued vacation time . sick leave , or personal leave. worker's co mpensa t10n a nd a ny co ntribut10n by the City under this Plan, or the like . but mcludmg a n y co m pen sa u on that the Employee has ele cted t o h ave deferre d unde r Section 45, a nd Sect10 n 125 of the Internal Re venue Code. Effe ctive Janua ry l. 1989 . the a m o unt of a Member's compensation for the purposes of t h e Plan dunng a ny Plan yea r s hall not exceed two hundred thousand d ollars ($200.000 .00) s u bject to cost-of-living adjustments in acco rda n ce with Co d e Sect1o n 415(d). In addition to other applicable limitation s set fo r th m the p la n . nd n otwithstanding any other provision of t h e pla n t o the contra ry . fo r p la n yea r s beginning on or after January I. 1996. the a nnu al co mpe n sation of each "noneligible member·· taken into account unde r t h e plan ha ll not e xc eed the Omnibus Budget Re co nciliation Act ·9 3 a nnual co mp e ns ati on !unit. The OBRA '93 annual compensation limit 1s S 150.000 . as a djus t ed by the commissioner for increases in the cost of living m acco rd a n ce with Code Sect10 n 40J(a) (17) (b). the cost of living adjustment in e ffect fo r a ca le nda r year applies to any period. not exceeding 12 m onths . ove r which co mpe n s ation is determined (determination period) begmning in s uch calendar yea r . If a determination period co nsists of few e r than 12 months. the OBRA ·93 a nnua l compensation limit will be multiplied by a fr action . the num e r ator of which 1s the number of months in the determina tion period. and the denominator of which is 12. A "noneligible member·· is any member who first became a member in the plan during a plan yea r beginning on or afte r January I. 1996. Effective January 1, 1989 , through Decembe r 31. 1996 . in determining the compensation of a member for purposes of this limitation. the rules of Code Section 414 (q) (6), s hall a pply. e xcept in applyi n g s uch rules . the term ·fa mily· s hall include only the s pouse of the m e mbe r a nd a n y linea l de ce ndan ts of the membe r who have not a ttained age 19 before the close of the yea r . e ffective January 1, 1989 throu gh Decembe r 31, 1996 . if, as a res u lt of the ap pli cation of s u ch rules the adjusted a nnual compensat10n limitati on 1s e xceeded then the limitation s hall be prorate d among the affected individu a ls m pro po rti on t o each such individual's co mpe nsation as determine d unde r this ·ubsectio n a 6 2 2 (i) 2-10-2-2(i), of the Englewood Municipal Co de prior to the a pplica tion of this limitation. J . "Credited Service" means the period of Service re ndered by a n Employee as a Member for which credit is allowed . K. "Disability" means a physical or m e ntal condition which e ntitles the Me mber to receive a disability income under the long-te rm di sa bility insurance co ntract maintained by the City . -I I - • .. I • 0 - • • -• .. • ,,--. • • -' L. "Effe ctive Da te of this Plan" means January 1, 1970 . Thi s a mended a nd restate d Plan is effective as of Ja nua ry 1, 1991.. M. "Employee" means a ny pe r son e mployed by the City on a permanent. full -tim e basis as defined in the City Pe r so nne l Poli cy a nd Proce dures. For t he p urp oses of this retirement plan. pol.i ce officers , paid firefig hte r s and e lected officials shall not be co ns idered t o be Employees . Effective January 1, 1987. included as e mployees are leased e mployees within the m eaning of Cod e Sect10n -1 l4 (n)(2) except t hat if s uch leased e mployees co nstitute less t ha n twenty percent (20 %) of the nonlughly compen sat ed workforce within t he mearung of Code Secti on 414 (n)(l )(C)(ii ), then the term "Employee" will not include those leased e mpl oyees cove red by a plan de scribed in Code Sect 10 n -1 l-l (n)(5) unl ess otherwise pr ovide d by t he t erms of t his Plan. N. "Exempt Employee" means a n Employee having one of the followmg titles as defined by City Personnel P olicies a nd Proced ures: City Ma nage r . Ass ista nt City Ma nager, any Dep a rtment Head , .ll'!unicip al Co urt J ud ge , City Attorne y . a nd Assistant City Attorney. Effective January 1. 1988 , "Exe mpt Employee" sh a ll a lso include any managerial, s up en-;sor y or co nfide ntial e mployee as defined by City Personne l Policies and Proced ures. 0 . "Final Average Monthly Co mpe nsan on" m e ans 1/36 of a Membe r 's total Co mpe nsation during the thirty-six (36) co n secutive full ca le nda r months (determined without the inclusion of any Break in Service) within the la st one hundred twenty (120) completed full ca lendar months of e mpl oy m e nt with t h e City which y ield the highes t ave ra ge Co mpe nsation . In the event t he Me mbe r was employed fo r fewer t han thirty-six (36) consecutive full cale nda r m onths . s uch ave rage monthly co mpe nsation shall be based on hi s Co m pe nsation fo r the thirty-six (36) s uccessive full months during hi s las t on e hundre d twe nty (120) full ca le ndar months of e mployme nt with the City that wo uld yi eld t he lughest average , or his full p e r10d of s uch e mploy me nt. if le ss t han thirty-s Lx (36) months. P . "Ins urance Co mpany" m ean s a ny insura n ce co mpany or co mpanies a ppomte d by t he Ci t y Co uncil for long-term disability cove rage , or as provided in S ub section~ 3--1-12-3 hereof. Q . R. S . "Leave of Absence" me a n s a ny a bse nce a uthorized by t h e Employe r under s u c h Employer's s t a ndard personnel practice s , provide d that a ll pe r so n s unde r similar ci r c ums tances must be t r eated a like m the grantm g of s uch Leave of Ab se nce , a nd pr ovi d ed furthe r that the Employee r eturns or retires witlun the pe riod specified in the a utho rized Leave of Absence . "Me mber" m e ans a ny person included in the me mbe r s h ip of this Plan as provided in Section ~ 3--1 -3 he r eof. Effe ctive January 1, 19 87 , e xcluded as members a r e le ased e mpl oyees withi n the meaning of Co d e Section -1 l-l (n)(2) . "Norm a l Retirement Age" m eans age sixty-fi,·e (65). T . "Normal Retire m e nt Date" mea ns the first d ay of t he ca le ndar month coincide nt with or next following the s ixty-fift h (65th) birthday of t he '.\!e mbe r . -I 2- • ' . I • 0 • • • • • - U. "Plan" means City of Englewood :'\onemergency Employees Retirement Plan AND TRUST. as amended from rime to time . V. "Plan Administrator" means the Retirement Board of the City . W. "Plan Year" means the calendar year starting January I a nd ending December 31. X . "Previous Plan" means the City of Englewood Retirement Plan (including a ny predecessor plan(s) thereto) in force and effect for the period prior to January I , 1999, the Plan hereby being amended and restated. Any reference herein to the Previous Plan as of a certain date or for a certain period shall be deemed a reference to the Previous Plan as then in effect . Y. "Retired Member" means a former Member whose employment terminated by reason of retirement or Disability and who is receiving or is entitled to receive , or whose Beneficiary or estate is entitled to recei,·e. benefits under tlu s Plan. Z. "Retirement Benefit" or "Pension" means any Retirement Benefit provided for in Section ;;.s...;. 3--l-7 hereof. AA . "Retirement Fund" or "Fund" means the "City of Englewoo d :--Jon emerge ncy Employees Retirement Fund." maintained by the Re t.i rement Boa rd or m accordance with the terms of the Trust Agreement. a mende d fr om tim e to time . which constitutes a part of this Plan. BB . "Service" means a person's period or periods of employment as a n Employee used in determining eligibility or the amount of benefits as de scribed in Section ~ 3--l--l hereof. CC . "Trustee" means any qualifi ed and acting Trustee appointed by the City Council as Named Fiduciary for the investment and management of Plan assets , as proV1ded m Section -3-6-+2-3--t-12 hereof. DD. "Vested Member" means a former :\1ember whose Credited Sen-ice has terminated by reason other than retirement or Di sability and who is entitled to receive , or whose Be neficiary or estate is e ntitled to receive, benefits under this Plan. A Vested Member s hall beco me a Retued Member upon the actual commencement of benefit payments . ~ 3-4-2-3: CONSTRUCTION: The masculine gender, where appearing in the Pl an , s h all be deemed to include the feminine gender and words used in the singular s ha ll include the plural unle ss the context clearly indicates to the contrary . Words s uch as "he r eof." "herem." and "hereunder," shall refer to the entire Plan. not to any particular provi sion or section . The Plan and Trust shall each form a part of the oth er by reference and term s s hall be used therein interchangeably. -I 3- • .. .. ) I • 0 - • • • t • . ,-·· • • - 3-6-3 3-4-3: MEMBERSHIP: 3-6-3-l-3-4-3-1: EMPLOYEES ON JANUARY l , 1970: Every person who wa s an Employee of the City on J a nuary 1. 19i0 could beco me a Member in the Plan on such date by properly filing with the Retirement Board . on or be for e s uch date, the form of membership agreement furni s hed for that purpose . Any s uch person who did not file the form of membership agreeme nt on or befor e s uch date may thereafter file such membership agreement and becom e a !\1ember on the first day of any subsequent month . 3,,,6,,,3.,3-3-4-3-2 : EMPLOYEES HIRED AFTER JANUARY 1. 1970: F or each Employee hired after January 1. 1970. me mber s lup m the Pl a n s h all be a condition of employment and each Employee s hall becom e a Member on t he date of employment. Such Employee shall be reqwred t o co mpl et e the fo rm of me mb e r s hip agreement at the time of employment, election or appointme nt, exce pt as fo ll ows : A. The City Co uncll may , by ordinance , e tablt s h o puon a l pe n s ion or de fe rred compensation plan s for Exempt Employees . u pon est a blishm e nt of a ny uch optional plan(s). an Exempt Employe e may a t hi s option e lect t o com e within the provisions of such plan; provide d . how eve r . t hat a n Ex e mpt Employee may not concurrently be a Membe r of mor e than one r e tire me nt pla n to whi ch t he City is making co ntributions on lus behalf during hi s e mploy me nt by the City. In the event that any sa1d Ex e mpt Employee of the City . who is presently a Member of the Plan. elects to come w1tlun the pron 10n s o f any other retirement plan establis hed by the City Co uncil a nd funde d all or in part by the City, he shall have the option to be co me a \'est ed !\(ember of the Pl a n (regardless of whether or not he ha s co mple t ed fi ,·e (5) ye ars of Credited Service) or to withdraw fr om the Pl a n t he a mount ca lculated under Section ~ 3-4-10-2 he r eof. B. Exempt Employe es of the City who a r e !\iembe r of the Pl a n s hall . within s ix (6 ) months from the inst1tut1on of any option a l plan(s ) by the City Co uncil . elect whether or not to beco me a me mber of a ny o pt10n a l pl a n (s). S a id e le ct10n to become a member of the ne w pl a n or t o re m a in a Membe r of the Pl a n s ha ll be irrevoc able . C. D . Those Employees who may beco me Ex empt Employees by promot io n or appointment or otherwise . sh a ll h a ve s ixty (60) days fr om the effective date of their a ppointment in said Ex e mpt pos1t1 on in whi ch t o e lect either to rema in in or to become a membe r of one or any othe r o ptional pl a n . The e lection to become a me mber of another pl a n hall be irrevocable . City Council has previously designated the International City Manage ment Association Retirement Corporation Deferred Co mpensation Plan ("!Cl\lA-RC Plan") which is established under Section 457 of the Code a s a n o pt10n al pl a n to which the City would make contributions on be h a lf of Ex empt Employees who elect this option . E . City Council ha s established the managerial. supe rvisory or co nfidential ICMA- RC Money Purchase Plan for manageria l supervisory or co nfidential employee -14- • I • 0 ] • • -• • • - effecti ,·e Janu a r y l. 1988 as a n optio n al p lan to which t he City sh all make co nt ri b uti ons on be half of a ny Exem pt Employee wh o elects tlus Pl a n . ~ 3-4-3-3: TERMINATION : Membe r s lu p of a ny Me mbe r s hall term in at e if a nd whe n he s h a ll cease to be a n E mpl oyee fo r a ny r eason , except as provi d ed in S ub section~ 3--1--1-3 hereof. 3-6-+ 3-4-4: CREDITED SERVICE : ~ 3-4-4-1: CREDITED SERVICE : Cr e dited sen,,ce sh a ll be used to determine a ~!e mb er 's Accrued Be nefi t a nd e li gi bili ty fo r be nefi t s under the Plan. A ~1 em be r ' Cr edited Ser vice is t h e e lapsed time pen od from his date of employ ment with t he City , as a n Emp loyee . t o hi s date of te rmination of such employ me nt , exce pt a s p r o,.,,d ed be low . &-&+a 3-4-4-2: LIMITATION ON CREDITED SERVICE : A. ::-l o pe n od of Cr edi ted Se n,;ce s hall be dee med to be in cr ea ed or ext e nd ed by ove rtime . B. Cr ed ited Servi ce shall not include a ny period of t ime d uring wlu ch t he ~1 em be r is on a n a pprove d Leave of Ab sence or inte rruption of Se rvi ce as provi d ed in S ubsection~ 3 --1-4-3 he reof. C. Perio d s of employ ment with the City prior to the d a t e the Employee beca me a Member s hall not be included as Credited Service unless s uch a n Employee(]) elected to become a ~ember of the Plan on January l. 19 70 purs u a nt t o Subsection~ 3--1-3-1 hereof, or (2) is cover ed unde r the prov1s10 ns of Section Subsection -3-G-+3 3-4-4-3 he r eof . D. Credited Service s h a ll not include a ny pe r iod on the bas is of whi ch a Re tirement Be nefit is payable under a ny other define d be nefit r etireme nt or pe n sion plan to which the City made contributions , othe r t han be nefits payable under the Federal Social Security Act or the Vo lunt ee r Firefi ghter s ' Pen s10n Fund. E. Credited Servi ce s hall not include any period oftim e fo r w luch the Ci t y contributes on be half of an Exempt Employee t o the ICMA-RC Pl a n or a ny othe r optional deferred co mp ensation pla n in lie u of thi s Pl a n , as proV1d ed m Subsection~ 3-4-3-2 h ereof. F . Cr edited Service s h a ll not be extended beyond a Me mb e r 's d a t e oftermina tton for lump-s um payments in lieu of accrued vacation . s ick leave or person a l leave. G . Cr edited service s hall not include any pe riod oftime tha t a member co ntinue s working for the City a fter comme nce me nt of the me mbe r ·s particip a tion m the defe rred r etire me nt option plan purs ua nt to Section~ 3-4 -7-8 . -15 - • I • 0 • • • ,. .,-. • I• .•. • -' ~ 3-4-4-3: BREAK IN SERVICE : A Member s hall incur a Break in Se rvice 1f lu en;ce a a n Empl oyee term m ates and he does not return to Sen'lce as a n employee w1thm tw eh·e (12 ) months of the date s uch Service terminated . The Retirement Board s hall have the power to dete rmme when a Break in Sernce s hall have occ urred . a nd such determmat1on sh all be made ma nondiscri mmatory manner. The followmg s ha ll not be co nsidered a Break m ernce : A. A temporary Jay-off because of a n illne ss or fo r purpose · of economy . s uspens10 n . or dismissal. followed by death . or rem tatem ent . r ee mployment or r eappomtme nt w1tlun one l) yea r . B. A formal Leave of Absence . duly appr oved by the City ~tanage r for a s pecifi c period . followed by death or by r emstateme nt. reemployment or r e appomtm e nt within tlurty (30) days aft e r termmauon of the Leave of Ab ence . C. An y Employee or a ny ~1e mb er who is on a Leave of Ab se n ce on a cco unt of entering into the military servi ce of the United States (including serv,ce m the United States Mer cha nt Marine m time of wa r ) sh all . m t he abse n ce of reasonable 1ust1ficat1on for addiuo n a l delay. r eturn to t he Service of the 1ty within ninety (90) days after the time when a di schar ge fr om su ch military sen'lce was first avat..labl e to s uch Employee. In the e,·e nt that a ~!embe r or e mployee does not r eturn to the Sen,ice of the City w1thm the tim e specified above . s uch Leave of Ab e nce s hall be co nsidered a Break m Service. :'Jotw1thstanding a ny pron 10 n of the plan to the co ntrar y . co ntribution s . benefits a nd service cred it with respect t o qu aWi d mili tary sen'lce will be provided m accord ance with Code Section -11-1 (u). D. The per10d durmg a ny Leave of Ab se nce or mte rrupt ion of Service s ha ll not howeve r . be mcluded in Credite d Sen'lce . Effec tiv e a of August 5 , 1993 . a leave of ab sence pu r suant to t he Fannly a nd Medical Leave Act of 1993 . s h all not be co ns ide r ed a break m ser vice ; howe ve r . the e mpl oyee will not rece ive a ny e r vi ce cr edit durmg such a n absence . After January l. 1987 . if a ny former :\<!ember (vested or n onvested) r eturns to Sen •1ce as a n Employee within five (5) years afte r his date of termmation . or if a former Vested Member returns to Service as an Employee afte r such five (5) year s but without receiving any s mgle -sum payme nt her e under. t he n a pplica bl e pnor Credited Service s hall be restor ed. Otherwise su ch prior Credited Service shall be permanently Jost , s ubi ect to the further p r ovis ions of this Subsection ~3--1--1 -3 . If any s uch rehtred Mem be r . who had r eturned to Service as a n Employee withm fiv e (5) yea r s aft e r the date of termination. had rece ived a s mgle-sum pay ment m li eu of Rettre me nt Be nefits. an ac tuarial reduction shall be made m hi s Rettreme nt Benefi ts under S ub section~ 3-4-16-1 hereof unless he repays the Fund within t we nty four (2-1 ) months of rehire, s uch single-s um amount, with interest a t the r a t e determmed under Subsection a 6 li! li!Cli! 3-4 -2 -2C2 hereof (interest rate -16- • ' ) I • 0 - • • • ,,-. • • - assumption for singl e-sum payment.) from the date the :Vlember received the payment to the date of repayment. Members of the Plan as of January I. 19 7 . who were previously cove red by the Plan but. due to a prior termmauon of e mployme nt. received s uch a single-sum payment. and were then reemployed by the City regardless of t h e tune that expired between theu-termmation date and reemployment date . shall have until July 1, 1989 . in o rder to elect to repay uch mgle-sum amount and thereby avoid s uch actuarial reducuon. The amount to be repaid shall be calculated as set forth and must be r epaid by July I. 1989 . Any former nonvested Employe e wh o returns to Sen,ce as an Employee m ore than five (5) years after his date o f termmauon and who 1s a :\1embe r of the Plan as of January 1, 1987 . shall have unttl eptember 30. 1987 to ma ke written application to the Retirement Boa rd t o h a ve hi~ pnor Credited Service. if any, restored . The Retirement Boa rd shall renew s uch applicauon a nd s hall determine on a nondi scrimmatory basis, whether s uch pnor Credited Service s hall be restored. and shall inform the :\!ember of it determmauon by December 31 , 1987 . Any Member of the Plan who was an Employee on January I , 1970 a nd who did not elect to become a Member of the Pla n on January I , 1970 purs uant t o Subsection~ 2-10-3-1 hereof wtll. as of January I. 1987 , rece ive cr e dit for all serv1ce prior to the date he actually became a :\•!e mber of the Plan . Such a Member may elect in writing, prior to July I . 19 8 . to pay a sm gle s um amount determined on the basis of the amount of accumulated co ntnbuuo ns that said Member would have accumulated m the Plan as of July I. 19 8 had he elected to become a Member of the Plan on January I. 1970 a nd made the r e qutred contributions each year on the ba 1s of co mpensauon he rece1 ,·ed each year. If the Member elects not to pay the mgle s um a mount. h1s retu-e ment benefit determmed under Subsection~ 3--1· 7 -1 he reof hall be reduce d by the actuanal eqwvalent of t he 1ngl e sum paym e nt due a s of Jul~· I. 19 3-&-+-+ 3-4-4-4: EFFECT OF OTHER PLANS: Credited Service shall not include any period on the bas1 of which a Retirement Benefit is payable under any other defined benefit retir eme nt or pens10n plan to whi ch the City made contributions. other than benefits payable under the Fe dera l Social Security Act or the Volunteer Firefighters' Pension Fund. Cred ited Service s h a ll not include any period of time for which the City co ntributes on behalf of an Exempt Employee to the ICMA-RC Plan o r a ny other optional deferred co mp en sation plan m lieu of this Plan, as provided in Subsection~ 3--1-3-2 hereof. 3-6-+-o 3-4-4-5: MISCELLANEOUS : No Period of Credited Service shall be de e med to be increased by overtime. A year of Credited Service shall be given for each three hundred si.i:ty five (365) day period. beginning with the ftrst day of employment. which elapses while the e mployee is entitled to Service Credit under the above provisions of Subsection &-64 3--1-4 hereof. -I 7 - • I • 0 - • • • .. ~ ,,-·· • • -... ... 3-6-tt 3-4-5 : CONTRIBUTIONS: ~ 3-4-5-1 : MEMBER CONTRIBUTIONS: Effective January l , 19 76 , no :\1embe r wtll be requrred or permitted to co ntribute to the Pl a n . 3-6+-ll 3-4-5-2: CITY CONTRIBUTIONS: The City will . from time tn time a nd at least a nnually , m a ke co n tribution t o the Trust Fund to the extent n ecessary to finance the benefits pr ov1ded by t he Pl a n on a sound actu a rial basis. The City exp ects to co ntinue s u ch co ntn b uti on s to the Pl a n . b u t assumes no r espon si b ility to do so a nd reserves the right t o us pe n d or to reduce co ntribution s at a ny time. ~ 3-4-5-3 : APPLICATION OF FORFEITURES: An y amount forfeited becau se of t he termination of e mpl oymen t of a :\1 e m ber pnor t o hi s havin g acqUU'ed a full y ve sted ri ght to Retirement Be n efits . beca use of t h e death of a ny m e mber. or fo r a ny othe r r eason , s ha ll not be app li ed t o increase t h e bene fit s wh1 ch would otherwi se be paya bl e to any other Member . The a mounts so fo r feited sh all be app li ed as soon as possible to reduce the co ntnbuuon s r eqmred to be made by the City . 3...-6 3-4-6: RETIREMENT DATES : 3....&-+ 3-4-6-1 : NORMAL RETIREMENT : All permanent. full -tim e Employees of the Ci t y s h all beco me one hundred pe r ce nt (100%) vested up on attainme nt of therr :'•fo rm a l Retrreme nt Ag e a nd may r e tire a t a ny time thereafte r . The effective d a t e of r ettrement unde r the provi s ion s abo,·e shall be the ftr t day of the first month following t he month in which uch Employee actually r ttr from the empl oyment of t he City . 3-&-&-ll 3-4-6-2 : EARLY RETIREMENT : A . B . Regula r Early Retirement : A :\!ember or Vested :\1embe r who has a ttained the age of fifty-five (55) yea r s a nd has co mpleted at least fo·e (5) year s of C redited Service may ele ct to retir e under Regul a r Early Retire me nt and have benefit payments co mm e nce as of t he first day of a ny cale nda r month , which s h a ll not be less tha n thirty (30) nor more than runety (90) d ays a fte r the filing of writte n notifica tion with t he Rettreme nt Board. Special Ea rly Retire ment: A Member s hall be eligible for Specia l Early Rettre ment as of the frrst day of any calendar month if his employment terminates after he ha s attained the age of fifty-five (55 ) a nd the s um of his age plus hi s Cr edited Service at termination equals eighty-eight (88) or mor e. S uch a Member may elect Special Early Retireme nt upon the filing of writte n notifi cati on with the Retirement Board not less than thirty (3 0) nor more tha n nine t y (90) d ays prior to the date benefit payme nts are to commence . -18- • ) I • 0 •r • • .. • __ ... • ,. • • ' ~ 3-4-6-3: DELAYED RETIREMENT : Every l\lember upon reaching his SLxty -fifth (65th) birthday s hall be fully vested in the benefits earned pnor to s uch date and s hall be eligibl e to r etire under the Plan. However, any :'vlember eligibl e for normal r etirement may elect to delay lu s retirement date as permitted by the City Pe r sonnel Policies a nd Procedur es . Hi delayed retirement date shall be the first day of the month. coi n cid ent with or next following the date of his actual retirement. As a co ndit10n precedent t o co mm u ance in employment beyo nd t he Normal Re ure m e nt Date . the :\-!embe r s ha ll file wi th the Retirement Board the written de si gnation of a Benefic iary , wh e ther or n ot the Member elects an optional benefit in accordance with Sect.ion~ 3 --!-h e reof. 3-6-6-+ 3-4-6-4: DISABILITY RETIREMENT : Any Me mber who is disabled pursuant to Subsection 3 6 2 2(1,) 3-4-2-2 (K) he r eof shall qualify for Di sability retirement as provided herein . Paym ent of a Di sability Retirement Benefit s hall commence on the first day of the month next follo wing hi s Normal Retirem e nt Date. The last payment s hall be m ade as of the fir t day of the month in which the death of the Retired :\!embe r occ ur or h1 s Di sabuny ce a es. whichever first occ urs . If Disability ceases on or after the :\1 em be r :S:orm a l Re urement Date and he does not return to full-time employment wllh t he ity . hi s Di sabilny Retire me nt Be nefi t sh a ll be co ntinued in the same ma nne r as if hi s 01 ab1hty h ad co ntmued . If the Retired !\!e mber's Di sability ceases pnor to hi :S:orm a l Retir e me nt Date a nd he is not reemployed by the City, and if he had m et the requireme nts for a n early o r deferred vested Retirement Benefit on the date of lus r etire me nt fr om Di -ab ility, h e s hall be entitled to r ece ive . co mmencing on the first day of the month next follo wing lu Normal Retire me nt Date , a Retirement Benefit equ al to t he earl y or d efe rred vested Retire ment Be nefit to which he would have been e ntitled , as of the date of !us di sablement. Such Retirement Benefit to be calculated s hall co nsider t h e Cr ed ited Sen,ce he co uld have received dunng the pe riod of hi s 01 abili ty . If t h e :\!e mbe r r equest s the co mme ncement of his early or deferred vested Retire me nt Be nefit as of the first day of the month next following his fifty fifth (55th) birthday, or as of the fir s t day of any ubsequent month which pr ecedes hi s :'1/ormal Retire me nt Date . hj s Retirement Benefit shall co mmence as of the begrnnmg of the month so re quested. but the amount thereof shall be reduced in accordance with S ub section~ 3.4. i-2 hereof based on the number of years by which the sta rting d a t e of the Retir ement Benefit payments precede the Membe r 's Normal Retirem ent Da t e. If Disability ceases before a Retired :\fomber attains hi s Normal Retireme nt Date a nd the Member is reemployed by the City , the Retireme nt Be nefit payable up on his subsequent retirement shall be determined in accordance with the provisions of Subsection~ 3.4. i -1 hereof including Credited Service for the period that he wa . disabled. Notwithstanding any other provision of this Section . no :\1ember shall qualify for a Disability Retirement Benefit if the Board determines that hi s Di sability r esults from an addiction to narcotics or hallucinogenic drugs . an inJUJj' suffer ed wlul e engaged in a felonious or crimin al act or enterprise. or servi ce in the Arm ed Forces of the United States which entitles the Member to a veteran's d1 ability pe ns io n . -19- • ' . ) I • 0 ..... • • • .. ,, ,.-. • )' "1• • -... Disability under the Pl an hall be co nsidered total and permanent if 1t 1s determined by the Board that the Member is eligib le and receinng disabil1ty benefits from the long-term disability msurance co ntract maintained by the City . Disab1l1ty s hall be considered to have end ed if. prior to hi s :--ormal Retirement Date . the l\lember 1s no longer eligib le for benefits from the long-term disability insurance contract maintained by the City . ~ 3-4-6-5 : REQUIRED DISTRIBUTION OF RETIREMENT BENEFITS: Notwithstanding a ny oth er provision of this Pl a n . distribution of Benefits under th1 Plan shall co mm enc e not later than April 1 of the calend ar year following the late r of the calenda r yea r m wluch the Member attams age seve nty and one-half (70 1/:!) or the calendar year in which the Member retires . 3...;t 3-4-7: RETIREMENT BENEFITS: 3-6-,;4 3-4-7-1: NORMAL OR DELAYED RETIREMENT : Upon retir ement at or afte r his )formal Retirement Date , each Reured :\·!e mb er s hall receive a monthly Retirement Benefit eq ual to one a nd on e half percent (I 112 %) of the Member's Final Average Monthly Co mp e n sation multiplied by the total number of yea r s (including fractional years) of the Members Credited Sen,ce. 3-6,.;-i! 3-4-7-2: EARLY RETIREMENT: A. Regular Early Retirement. A Member or Vested Member. eli gible fo r Regular Early Retirement a nd retmng prior to his norm a l Retirement Date. shall be entitled to a reduced Reu.re ment Benefit which sh all be his Accrued Benefit on his Regular Early Retirement date , reduced by one fourth of one percent (.2 5%) for each month by w luch the payment co mm ences prior to the first of the month following lus Normal Retirement Da te. B. Special Early Retirement. A Member who meets the requirements for Special Early Retirement s hall receive a monthly amount computed as fo r a Normal Retrrement Ben efit considering his Cr edited Service to the date of hi s actual Retirement. payab le without reduction for early co mm e ncement. 3-6-U 3-4-7-3: DISABILITY RETIREMENT : A Member who meets the requrrements for a Disability Retirement Benefit as a result of receiving payments from t he City's long-term disability insura nce co ntract s hall receive a monthly amo unt commencing on t he first day of the month next followi n g his Normal Retirement Date a nd co mputed as for a normal retirement under Subsection ,µ;...;:.+ 3.4.,.J h ereof. cons1d ermg his Final Average Monthly Co mp e n sation at the date of hi retirement from Disability a nd Credited Service for the period he received long-term d1sab11Jty benefits from the City's long-term disability insurance contract. -20- • I • 0 • • • ~ .,..-. • , .. - • -' ~ 3-4-i-4 : DELAYED RETIREMENT : A Member retiring subsequent to !us ~ormal Retirement Date s hall receive the monthly retirement benefit computed under Subsection~ 3--l· 7 · l h ereof. co nsidering his/her final average monthly co mpensation at the date of !us/her actu a l retirement a nd the credited service h e/sh e accumulate d to the date of his/her actual r etrrement. 3-64-& 3-4-i-5: NORMAL FORM OF PAYMENT : nless optional benefits have been elected pursuant to Section~ 3--t -8 hereof. the basic m onthly retireme nt benefit. computed as set forth above , s hall be a ten (10) year ce rtain and life be nefit. Such benefit s hall be in equal monthly payments co mmencing o n the first day of the month next following the retirement date . and continuing at monthly intervals for a period of one hundred nineteen (1 19) addinon al months a nd for the retired member's lifetime thereafter. The last benefit payment shall be made on the frrst day of the month of the retired member's death . unless payments have be e n made for fewer than one hundred twenty (120) months , in wluc h e,·ent payments shall be continued to the named beneficiary , ceasing when a n aggregate of one hundred twenty (120) monthly payments have been made t o the retired me mbe r a nd hi /h e r beneficiary. If the retire d member is married at the time benefit are to co mm e nce , t h e spousal consent reqUJ.r e m e nts of S ub section~ J--1· -2 h e r eof mus t be m t before payments under this Section co mm e n ce . In the event that no beneficiary i hving at the death of s u c h r e ured member . the actuarial equivalent value of the monthly installments for t h e balance of the te rm certain will be co mpute d and paid in one s um to the estate of the retir e d m e mber. If at the death of the las t s urviving beneficiary following the death of the r e nred member. monthly installments have n ot yet been paid for the term ce rtain . the actuarial equivalent ,·alue of the installme nts for the balance of the term ce rtain will be computed and paid in on e um to thee tate of the last s un,nng be n eficiarv . As prov1ded by Subsection~ 3--t-16-2 hereof, retirement benefits m ay be s uspended for a retire d me mber during a period of e mploy ment s ub seq ue nt t o his/her actual retrrement date during which he/s he is rehired a nd rece l\,,ng co mpe n sau on as an employee of the City . Monthly payments shall co mm e n ce a nd be determined pursuant to s uch Subsection~ 3-4-16-2 hereof. 3+U 3-4-i-6: ACCRUED CREDITS AND VESTED BENEFITS U:'1/DER THE PREVIOUS PLAN PRESERVED : The r estateme nt of the prev,ous plan by this pla n s hall n ot o perate to e xclud e . diminish. hmit or restrict the payment or co ntinuat10 n of payment of benefits accrue d as of Dece mb er 31 , 1998. The amount of s uch pren ou s plan benefits. if a n y , in the co urse of payment by the trustee under said prev10 u s plan. to a ny person on Dece mber 31. 1998 , shall be continued by the trustee under the trust agr eement forming a part of this plan. in the same manner. undimirus hed . pre e rved. a nd fully vested under this plan . The eligibility for . and amount of, any benefit of any kind . payable co mmencing after December 31 , 1986 under tlus plan to or for any person who was a me mber of the previous plan and who became a member of this restated plan as of January I. 1987. s hall be determined under the provisions of this plan. -21- • . I • 0 • • -• ,,,-. • • - ~ 3-4-7-7: INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES: Effective July 1, 1993, a ll members a nd beneficiaries whose paym e nts co mmenced before January 1, 1993, s hall receive a five p e r ce nt (5 %) incr ea e in their p e n s ion p ayments s ubject t o future adj u stment as d etermined by the Boa rd . Effective January 1, 1996, a ll m e mbe r s a nd beneficia ri es whose pay ments co mmenced before July l. 1995 , s hall r eceive a three perce nt (3 %) incr ease in their pension payments s ubi ect to future adJus tme nt as dete rmine d by t h e Board . Effective January l. 2000. all m e mbers a nd benefi cia ri es whose pay m e nts co mmence d before January 1, 1999, s h all receive a three pe rce nt (3%) in c rease in their pens ion payments s u aject to future adjustment as dete rmine d by the boa rd . ~ 3-4 -1 -0-8: DEFERRED RETIRE:'v!E:-JT OPTION PLAN (DROP): A . Effective date. Notwithstanding S ub section 3 6 2 2(L) 3-4-2 -2(L), hereof, t h e provisions contained in this S ubsection~ 3-4-i-8. he r e of s h a ll be effective on October 1, 1999. B. Title. The program provided in this Subsect10 n~ 3-4-7 -, h e r e of, may be referred to as the "drop ."' C. Applicability. The provisions of this Section are a pplica bl e with respect to those otherwise eligible members of the plan whose e lection to pa rticipa t e in the drop occurs on or after the effecti\'e date co nta ined in t hi s S ub ·ect1on D. a 6 i 8(A) 3-4-i-S(A ), h ereof. An "eligible member'' is any membe r who has attained the normal r etire m e nt date in accordance with Subsecn on a 6 2 2(T) 3-4-2-Z(T), hereof or the s p ec ial ea rly r etireme nt date in acco rd a n ce with Subsection~ 3 -4-6-2B . A '·part1c1pating drop m e mber'' 1s a n y eligible member who has elected to participate in the drop as provided by this Subsection~ 3-4 -i -8 . hereof. Purpose. The purpose of the drop is to allow a n eligible me mber to e lect . in lieu of immediate termination of e mploy m e nt a nd receipt of r etire me n t be n efit or pension, to co ntinue e mploy me nt for a s p ecified period of time and t o have the eligible member's r etire m e nt benefit or pens ion paid into the drop account until the e nd of s uch specified period of the participating d r op m e mbe r 's participation. at whi ch time e mploy me nt is to cease . An e ligible membe r must choose the retirement bene fit proVJded in Subs ection~ 3-4-7 -1. h e r eo f, or on e of the r etir e me nt options provided in Section -3-G-S 3-4-, h e r eof. a t the sam e time the eligible m ember e lects to participate in t h e dro p . E . Participation . An e ligible me mbe r may p a rtici pate in the drop only on ce . An eligible membe r who has reache d normal rettrement age must e lec t to participate in the drop within ninety (90) days after the later of attainme nt of norm a l retirem e nt age or the e ffective date of t h e drop . An eligi bl e member m ay e lect t o participate in the drop upon filing of written n otification with t he re tirement board not le ss than sixty (60) nor more than rune ty (90) days prior to the date of intended parucipation. -22- • 0 I • 0 • • • • ,,-· . • ... • -' F . Term . The duration of a part1c1patm g d r op member·s part1c1pation m the drop s hall not exceed a total of three (3) year s. As a co nd ition precede nt to part1 c1 pat10 n m the drop , the partic1paung drop member s hall e xecute a n irrevocabl e agreement with t h e city in the fo rm prescr ibed by t he retireme nt board . whi ch hall. a m ong other items. clearly a nd unequivocally state that the p artic1patmg drop member must retire no late r t ha n the date p r esc ribed m the agr ee ment whi ch may not e xceed the third a nruvers ary of t he pa rt1 c1pa ung drop member ·s parucipation in the drop . and th e participating drop member s h a ll a lso ac knowl e dge t ha t no dis burseme nt of any d r o p fu nd s ca n occ ur absent the r etir eme nt or d eath of the pa rticipa tm g drop me mb e r . G. Interruptio n of Pa rtici pation. If the partic1p a ung drop member's pa ru c1pat1 on in the drop 1s interrupted by military se rvice . t he r e sha ll be no mterrupt 1on of membership m the drop. s uch a pa rtic1p a tmg d r op me mber's pe n s ion s h a ll co ntinue to be paid into the par ticip atm g drop me m ber d r op account whil e m the milita ry service fo r the ba la n ce of the three-yea r ma ximum te rm elect ed by the drop member under Subsection F . H. Effect on P a rticipation in the Plan. l!pon co mmence me nt of the eligible mem ber's participation i n t he drop . a me mb er's credite d se rvice . final a ,·e r age monthly co mp e nsati on a nd acc rued benefit s hall be fr ozen . A pa rtic1pat111g drop me m ber sh all not shar e i n a ny subseq uent fo rmula im pr ove menr howeve r . a pa rti c1p atmg drop m embe r hall s har e m a n y ad h oc increa se granted to re tired me mb er s. I. Co ntributi on . Upon co mmence me nt of the eligi ble membe r s pa rticip a tion m the drop . the retirement be nefit or pension pr ovided m Section~ 3 -4 -i a nd Section .a-6-6 3-4-8 he r eof. -hall be pa id mto the pa r ticipati n g drop me m ber's drop account . In n o case s h all the city co ntn buuon . pr ovi ded fo rm S u bsectio n ~ 3-4 -5-2 her eo f, be used to fu nd t he drop. Acco r d 1m:ly . a mount s trans ferred or paid to a pa rti c1pa ung me mb r· drop account s hall not co n s titute a nnual addition s und r ode ection 41 5. J . K. Administration of Drop Asset . P a rt1 c1patmg drop me mbers ma y d irec t thetr dro p m one y to a ny of the mvestme nt opt10n s a pprove d by t he boa r d fo r t he drop. Ther e s hall be no guaranteed r ate of mv estme nt r eturn on drop d e pos its. Any lo sses. cha rges or e xp en es mcurre d by t he pa rtt c.1 pa tin g d r op me mbe r in s uch me mbe r's drop accou nt by nrtue of the mvestme nt op tton s selected by the pa rticipating drop memb e r . s ha ll not be made up b~· the 1ty or the Plan . but a ll of same s hall be borne by the particip a tin g drop member. Tra n sfe r s between inves tm ent option s shall be m acco rda n ce with the rules a nd r egul ations of the drop . A drop acco unt s ha ll be establis hed fo r each pa rtici p ating drop member. Such drop acco unt s h a ll be a djust ed. n o less fr e quently t han annually for contr1but1ons . distributions and net in vestme nt earnings a nd losses. Regul a tions . The Retireme nt Boa rd 1s a uthorized to a d opt rules a nd re gulations governing the drop . L . Fee . If the drop acco unt s ha ll be s ubj ect to a ny fees o r ch a rges of a ny k ind . s uch fee s or charges s hall be charged to the pa rt1 c1p ati ng drop me mbe r's account. -23- • • ) I • 0 • • • • • • - M. Form of Payment. For purposes of this Subsection~ 3--1· i-hereof. a ''retiree·· is a participating drop member who terminates employment or reaches the three-year limit for participation in the drop . a retiree must ch oose one of the fo!Jowmg forms of payment from the indindual's drop account: l. Deferred Pay m e nt. Di s tribution from a drop acco unt may be deferred until a date des ignated by the retiree . When des1gnatmg the date upon which dis tributions shall commence , the r etiree must also designate the form of payment from one of the available option s . Rega rdl ess of the date chosen by the retiree . a ll distributions must com me n ce n o la ter than the yea r in which the r etiree attains the age of iO 1/2 : 2 . Lump Sum. A on e -tim e di s tr1but1 on of the retuee·s e nt1.re acco unt balance. mcluding a direct rollover und e r S ubsection~ 3-4-1 i-3 : 3 . Pe ri odic Payments De s1gnatmg a n Am ount. Di s tribution of the r etiree· account balance by monthly payments m a n a m o unt d esignated by the retiree, until the e ntll'e balance of the account is di s tributed : 4 . P e ri odic Paym ents fo r a Designated Period of Tim e . Monthly payme nts to the retiree for a period designated by the retiree . The payment will be ca lculate d s uch that upon the occ urrence of the last monthly payme nt. the e ntire balance of the account will be distributed : 5 . Initial Minimum Required Di stribution. Account balance 1s distribute d as periodic payments that are calculated based on the retiree' life expectancy (and the life expectancy of the retiree·s designated beneficia ry . if applicable); or 6. Combination of Lump Sum and Periodic Payments. An initial lump um payment of an amount designated by the retiree , followed by a des ignation of a numbe r of ub sequent monthly payments or a n a mount paya bl e on a monthly basis . Regardless of the form of payment the retuee chooses, the minimum dis tribution amount will be determined and made in acco rdance with Code Sect10n -101 (a) (9), and the regulations thereunder. including minimum distribution incidental death be nefit r equirement of proposed Internal Revenue Code Regulation Section IAOI (a ) (9)-2 , (published in the Fe deral Register on July 27 . 1987). The minimum distribution is recalculated a nnually on the basis of the life ex pectancy of the r etiree a nd the r eur ee·s designated beneficiary, if applicable . If e lected in writmg before the required beginning date under Code Section 401 (a ) (9), by the retiree. a nd/or the r e tiree's s pouse , if applicable, the life expectancy of the r e tiree a nd/or the re t1.ree ·s s pouse s hall be recalculated a nnua ll y . If the retiree makes no se lec tion as to form of payment w1thm thirty (30) days of termmat1on of employment or e xpll'ation of the three-year hm1t for part1C1pation m the drop, a lump s um pay ment s hall be made . N . Partic1patmg Drop Member's Death: Spousal Beneficiary . If the part1c1pa ting drop member dies durmg the period of the part1c1patmg drop me mber·s -24- 0 I • 0 - • • • .,-. • ,. • - partic1pat1on m t he drop a nd the pa rticipating drop me mber's designated be n eficiary is the participating drop membe r 's s urvwing spou se t.o whom the partic1p atm g drop member was legally ma rried at the time of the participating dro p me mbe r 's death. the partici p ating drop m emb er ·s d esign ated beneficiary s h all r eceive. at t he beneficiary's option . a lump sum pay m e nt from the d eceased participating drop member ·s individual drop acco unt balance o r eq u al monthly ins t a llment payments from the d eceased pa rticipating drop me mber 's individual drop account over a period not to e xceed the s pou se·s life or life e xpe ctancy. if no se lection is made by the designated beneficiary within si xty (60) days of death of the participating drop m e mb er . a lump s um payment s h a ll be m a d e. 0 . P a rtici p ating Drop :Vl ember·s Death : No n -spou sal Beneficiar y . A ma rried pa rtic ipating drop memb er may designate someo ne other t h a n lu s spo u se to be a primary beneficiary. provided spousal co nsen t as prescribed m S ubsect10n ;;- ~ 3 --1-8 -7. h er eof. is obtained. if t he partic1patmg drop member die during the period of the part1cipaung drop me m be r 's participation in the drop . a nd t h e part1c1pating drop me mber ·s designated be neficia r y 1s someo ne ot her tha n t h e parucipatmg drop me mber 's surviving spouse to whom the participating drop member wa s legall y m a rried at t he time of t he part1c1pat in g drop member's death. the d es ign ated be ne fi ciary shall r eceive a lump s um payment equal to t he deceased participating drop me mb er 's ind1v1dual drop acco unt balance. P . P art1c1 pating Drop Member·s De a th : No Designa ted Ben eficiary . If the pa rt1 c1p a ting drop member die s during the period of the p a rti cipating drop me mbe r 's participation in the drop , a nd the designated beneficiary has not s urvwed t he partici pating drop member . the participating drop me mbe r ' estate s hall r eceive a lump s um payment eq u al to the deceased part1 c1pat1ng drop me mbe r 's mdiv1du a l drop acco unt balance . Q. :'llo Impact of Drop Part1c1pauon on Othe r Death a nd D1 ab1h ty Be nefits. Drop part1c1pat10n s ha ll not affect a ny other death or d 1sabi.l 1ty b nefit pr o\'1ded to a member unde r federal law , s tate law . city or dinance . or a ny r ig ht or be nefi t s under any appli cable co ll ec uve bar gamini: agreement . R. Retr oactivity (Back-Drop ). For purposes of this ub ecu on 3 6 7 S(R ) 3 -4 -7 -S(R), "r etr oact1\'e part1c1pation date'' mean Jan ua r y 1. 1999 , or uch later date as would ha,·e bee n on or after a n e ligibl e member's reti rem e nt date , but prior to the effe ctiv e date of the d r o p , a nd whi ch was selected by t h e eligible member to co mm en ce participa tion in the dro p . Notwithstanding Sub sect10 n 3 6 7 8(.~) 3--1-7 -(A). he r eof a n eli gib le member who would have qualified fo r the drop on his r etroactive part1c1pat10n date , had the drop been in effect on that date . ma y elect to h a\'e hi s indi\'id u a l d r op account credited with a one-ti me lump s um paym ent. Such one -time lump s um payment shall equal the s um of the num be r of pen 10n payments which would have been payable prior to the effecu,·e date of t he drop , had t hey co mmenced on the member's r etroactive part1c1pat1 on date , credited with inte r est u s ing the actuarial interest r ate assumption provi d ed in Subsection 3 6 2 2(C) 3-4-2-2 (C), hereof. Such lump s um payment s hall be made as oo n as a dministratively feasible after the effective date of the drop. If a part1c1pat1ng drop member elects to -25- • .. I • 0 - • • .. ,. .;" . • r • .. • -~ have the one-ti m e lump s um payment depos ited into his drop account. the three-year pe riod s peci.fie d m ub secu on~ 3-.J-7-8F, hereof. will begin to run, not on the date of s uch electio n . but o n t h e participatin g drop memb er 's r etr oactive part1c1pat1 on date . S . Fiduciary Liability: The d r op 1s intended to follo w Secti on .J04 (c). of the Employee Retireme nt Inco me ecunty Act of 197.J a nd the a pplica bl e De partment of La bor Regula tion . F1du c1anes of the Pl a n may be r elieved of li a bility for a ny losses which a r e t he direct a nd necessa ry r es ult of in\'estment instructions give n by a part1c1pant. ~ 3-4-8: OPTIONAL FORMS OF BENEFITS : 3-&-8-+ 3-4-8-1 : GENERAL: Subject to such uniform rules a nd r egulat10n s as th r eur eme nt boa rd may prescrib e a nd the restrictions contained m this Section a--6-8 3-.J-8 hereof. a me mber or \'ested memb er may , in lieu of the bas ic retire me nt benefits pronded in Sect10n ~ 3-.J -7 hereof, elect one of the fo llowing form s of retire ment be nefits whi ch s hall be t he actu a rial equivalent of the benefit t o which he would oth erwi se be e ntitled . Th e me mber or vested m e mber must take a ny e le ction of a n option al be ne fit in wri ting. a nd s uch e lection must be filed with the r etire ment boa rd at least t h irty (30) days pnor to the due date of the first payment of r etireme nt benefits under t he plan . The electi on of an option m ay be changed a t a ny time prior to thirty (30) days precedi ng the due date of the first payment of retirement benefits under the plan. Howeve r . a n opt10nal form of payment may not be ele cted unless t h e val ue of the paym e nts expe cted t o be paid to t he member excee d s fifty percent (50%) of th e value of t h e total be nefit s to be paid under s uch option a l form. ~ 3-4-8-2: QUALIFIED JOINT AND SURVIVOR BENEFIT OPTION: Th e Qua lifi ed J oint a nd Survivor Benefit option provi d es an a dju sted monthly Retire me nt Benefit payment during t he Retired :0.1emb e r 's life : a nd t he pause (to wh om t he Membe r was m a rried when his Retireme nt Be nefit co mm e nce d). if surv1 nng at the Members death . sh a ll r ece iv e the r eafter for life a monthly Retir em ent Ben efi t of fifty perc ent (5 0 %) of the a djust ed monthly a mount pa id to the Mem be r . \\"ithrn a r easonable time before the Member's Re tire me nt Be nefit co mm en ceme nt date hereunder , the Retirement Bo ard s hall provide to t h e Member a written explanation of the te rm s and co nditions of the Qua lifi e d Joint a nd Fifty Per ce nt (50%) Surv1Vor Be nefit et fo r t h herein a nd the effect of r e fu s ing it. If on or after Janua ry I. 19 87 . the Employee wishes to elect a form of pay m ent other than the Qualified Joint a nd Survivor Be nefit (described in this Sect io n), s uch election will not be co me effe ctive unless his s pouse (if he has a s po u se who can be located) co nsents in wntmg t o s uch election , ack now ledges the e ffec t of s uch e lection a nd h as such co nse nt a nd acknowledgm ent witnessed by a Pl a n represe ntative or a not a r y p ubli c. A pr ope rly co mpl eted benefit e lect10n fo rm (furni s h ed by the Retire ment Boa r d) mu s t be r eturned to the Re tirement Board within ninety (90) d ays prior to t he Memb e r 's benefit co mm encem ent d ate. If the Member fi les a noth er e lection for m aft er the ea rli er for m a nd prior to hi s benefit co mmencement d a te , the earlier form sh all be a nnulled . -26- • .. ' . ) I • 0 • • .. ~ ,,-. • I • .. • -.. ~ 3-4-8-3: ONE HUNDRED PERCENT JOINT AND SURVIVOR BENEFIT OPTION: The one hundred percent (100%) Joint a nd Survivor Be nefit op tion prov1d es adj u sted monthly Retl.I'eme nt Be nefit pay ments during the Retired Membe r 's h.fe . a nd upo n hi s death after retirement. co ntinue pay ments in the s ame a m o unt to a design ated Beneficiary during the life of s uch Beneficiary. ~ 3-4-8-4: FIFTY PERCENT JOINT AND SURVIVOR BENEFIT OPTION: The fifty percent (50%) Joint and Survivor Be nefit op tion prov1des re duced mo nthly Re tl.I'e ment Benefit p ayments during the Retired '.\1 e mber's life . a nd . up o n h1 d e ath afte r r etl.I'ement . continues pay ment in a n a mount eq ual to on e·half (1/2 ) of the a mount of s u ch reduced payments to a design ated Be neficiary during the l..i.fe of s u ch Be nefici ary. Pay ment s hall be continued to the designated Beneficiary for li.fe. ~ 3-4-8-5: FIVE YEAR CERTAIN AND LIFE BENEFIT OPTION: The five (5) Year Certain and Life Benefit o ption prondes adJ u ted monthl~· Retire ment Benefit payments during the Re tl.I'ed '.\1 ember' life . and upon hi s death after retirement within the s ixty (60) month period . payme nts s hall be co ntinued t o the designated Beneficiary for the balance of the s Dct y (60) m onth pe riod . 3-6-8-& 3-4-8-6: LIFETIME BENEFIT OPTION: The Lifetime Benefit option prov,de s increased monthly Re tl.I'e ment Be ne fit pay ments during the Retired Membe r 's life with no co nt1nua u on of pay me nt a ft e r h1 s death. 3-6-8-+ 3-4-8-7: BENEFICIARY : The ~1 e mber or Vested Me mber mu st d esignate lus Be n e fi cia ry m wnung . If on o r after January I. 198i . a m a rried ~1 e mbe r or \'ested ~1 ember w1 he t o d esign a t e om eon e other than hi s s p o u se to be a pnmary Be n eficia ry (o r Wkhe to co ntinue. after January I. 1987 , s uch a des1gnat1on made pr10r t o January I , 19 87). s u ch designation will not become (or continue to be) e ffe ctive unless hi s s pouse (if hi s spo u se ca n be located) consents m writing to s u ch des ign ation (or form of be n efits) whi ch may not be changed without s pousal co nsent (o r the co n s ent of the s p ou se expressly p e rmits designations by the Member or Vested ~1 e mber without ,i n y re qwrement of furthe r co nsent by the s pouse), acknowledges the effect of s uch designation and has such consent and acknowledgment witnessed by a Pl a n representative or a notary public. Such designation s hall be made in writing upon a form provided by the Retireme nt Board a nd s hall be filed with the Retire m e nt Board . The last s uch des ignation filed with the Retire ment Board s h a ll co ntrol. 3-6-8-& 3-4-8-8: MINIMUM MONTHLY PAYMENTS : If the monthly benefit to which any Member, Vested Membe r or Be neficia ry s hall become entitled under the Plan s hall be le ss than one hundred dollars ($100 .00), the Retirement Board shall have the right to direct that the Actuarial Equivalent of s uch benefit shall be paid in a lump s um or in installments at s uch intervals as will result in each payment amounting to at leas t one hundred dollars ($100.00). -27- • ' ) I • 0 ·]- • • • • ,. ,.,.. • ,. • -' 3-6-9 3-4-9: DEATH BENEFITS: 3-6-9-+ 3-4-9-1: DEATH OF AN ACTIVE MEMBER WITH FIVE (5) OR MORE YEARS OF SERVICE: If an active Member dies after completing five (5) or more year s of service , the s urviving spouse shall r eceive fifty percent (50%) of the Member's acc rued benefit for one hundred twenty (120) months certain and life thereafter . How eve r . if the s pouse is more than five (5) years younger than the '.Wemb er, the monthly benefits w11l be reduced by one and one-half percent (1.5 %) for each year t hat their difference m age exceeds five (5) years. If the Member is not survived by a spo use. lus designated beneficiary shall receive fifty percent (5 0%) of the Member's monthly accrued bene fit for one hundred twenty (120) months certain. If the !\•[ember is not s urvtved by a designated Beneficiary , the one hundred twenty (120) monthly payments s h all be computed and paid in a single sum to the Member's estate . The payment to the s urviving spouse or designated Beneficiary will commence o n the first day of the month following the date of the Member's death . or if later. t he date the :\1ember would have attained age fifty-five (55). If a Member's death occ ur pnor to ht fifty-fifth (55th) birthday, the Retirement Board may e lec t. with the co nse nt of t he :'vl embe r 's s po use , des igna ted Beneficia ry or estate t o pay the s po u se . Be nefi cia r y or estate a si ngl e s um payment at the time of t he :\lembe r ' d eath . qua! to t he Actuarial Eqwvalent of the payment due when the :\!e mb e r wo uld ha ,·e a tt a med age fifty-five (55). ~ 3-4-9-2 : DEATH OF A VESTED OR DISABLED MEMBER PRIOR TO COMMENCE'.\tENT OF PAYMENTS: In the eve nt a \"este d Member or a disabled Membe r die s prior t o the co mmenceme nt of payments from the Plan . the surn..,,n g spo use s hall recei"e f-tfty percent (50 %) of the Member's Accrued Benefit fo r one hundred twenty (120 ) months certa in and life thereafter. However, if the spo use 1s more than fi"e (5\ ye a r s yo unger than the Member, the monthly benefit will be reduced by o ne a nd o ne-ha lf pe rce nt (1.5%) for each year that their difference in age exceeds fiv (5 ) ·ea r s . If the :\l e mb er is not s urvived by a spouse , his designated Beneficia r y hall r ece t\'e fifty pe r ce nt (50%) of the Member's monthly Accrued Benefit fo r one hundred t we nty ( 120) month ce rtain . If the :'vlember is not survived by a de s ignated Be nefi cia ry , the one hundred twenty (120) monthly payments s hall be comp u ted a nd paid m a s mgl e s um to the Member's estate . The payme nt to the s urvivmg spo use or de s ignated Beneficiary will co mmence on the ftrst day of the month following the date of the Member's death . or if later. the date the Member would have attai ned fifty-five (55). If a Member's death occ urs prior to his fifty-fifth (55th) birthday, the Retireme nt Board may e lect, with the co nsent of the Member's s pouse , designated Be neficiary or estate to pay the spo use, Beneficiary or estate a si ngle s um payment at the time of the Member 's death. equal to the Actuarial Equivalent of the payment due when the Member would have attained age fifty-five (55). 3-6-9-3 3-4-9-3: DEATH OF AN ACTIVE MEMBER BE'IWEEN NORMAL AND DELAYED RETIREMENT DATES: In the eve nt a :'vlemb e r continues in City employment after hi s normal r e tirement date a nd die s before actually retiring, then he s hall be deemed to have retired on the first day of the calendar month in whi ch he di es . If an optio nal form or pay me nt has been elected , the death benefit, if any, shall be determmed by the option e le cted . If no op tional form of payment has been elected . the Member's monthly Accrued Benefit -2 8- • ' .. • . I • 0 ·---------------------------.-------------------------.. - • • • ,,-. • • -.. shall be paid to hi s surviving spouse for one hundred twenty (120) months certain. If the Member is not survived by a spouse. !us designated Beneficiary shall receive one hundred percent (100%) of the Member's Accrued Benefit for one hundred twenty (120) months certain. If the ~ember is not s urvived by a des ignated Beneficiary, the one hundred twenty (120) monthly pay ments shall b e computed and paid in a s ingle sum to the Member's estate. Death benefit payments s hall commence on the first day of the month following the Member's death. 3-G-9-+ 3-4-9-4: DEATH OF A RETIRED MEMBER OR BENEFICIARY: In the event a Retired Member or Beneficiary dies wlule receiving Retirement Benefit payments, the death benefit, if any , will be determined by the form of Retirement Benefit being paid. In the event that no designated Beneficiary is Livmg a t the de ath of such Retired Member and term certain payments are due . the Actuarial Equivalent value of the monthly installments for the balance of the term certa in will be computed and paid in one sum to the e s tate of the Retire d :Vl e mber . If a t the death of the last surviving Beneficiary following the de ath of the Re t1red Mem her . monthly installments have not yet been paid for the full pe riod of the term certain. the Actuarial Equivalent value of the installments for the balance of the t e rm ce r ta in will be computed and paid in one s um to the estate of the la s t urvivmg Be nefi cia ry . 3-6-9-5 3-4-9-5: SUPPLEMENTAL DEATH BENEFIT FOR MEMBERS HIRED PRIOR TO JANUARY 1. 19i6: In addition to the death benefit provided i n Subsections I. 2 and 3, of this S em on 9 , nereef, a lump sum supplemental benefit shall be payable to the d esignate d Beneficiary of any active Member. Vested Member or disabled :Vl e mber who die s prior to the commencement of retirement benefit payments from the Plan. The supplemental death benefit shall be equal to the amount of accumulated contributions as of his date of death plus two percent (2%) of the compensation received by him subsequent to December 31 , 19i5 and prior to January I. 1983. If such Member is not survived by a designated Beneficiary, the lump s um payment s hall be made to his estate . 3-6-9-G 3-4-9-6: UNIFORM SIMULTANEOUS DEATH ACT : The provisions of any State law providing for the distribution of estates unde r the U niform Simultaneous Death Act . when applicable , shall gove rn the d1 tribuuon of death benefits payable under this Plan. ~ 3-4-10: SEVERANCE BENEFITS: 3+W-l 3-4-10-1: COVERAGE : Benefits s hall be paid to a Member under this Section 3-6 · l O h e reof if hi s employment terminates for reasons other than r e tirement, Di s ability or death . ~ 3-4-10-2: LESS THAN' FIVE YEARS OF CREDITED SERVICE : Should a member's employment with the City terminate for reasons other than retirement, Disability or death prior to lus Normal Retirement Date and prior to his completion of five (5) years of Credited Service. the only benefit to which he s hall be entitled under this Plan shall be : -29- • " I • 0 ·] • • • ---· • .. • - A. The amount of his Accumulated Contnbutions. if any, plus B. Two percent (2%) of the Co mpensation received by th e Me mber s ub sequent to Decembe r 3 1. 19i5 a nd pnor to J a nuary 1. 1983. ~ 3-1-10-3: FIVE OR MORE YEARS OF CREDITED SERVICE : Should a Member's e mployment with the City terminate for r eason s other tha n r etireme nt, Disability or death prior to his :"-formal Re tireme nt Date with five (5) or more years of Credited Service, he may elect either: A. To leave his Accumulated Contributions on deposit in the Re tire me nt Fund a nd become a Vested Member : or B. To re ce ive . in lieu of all other bene fits . a refund of hi s Ac cumula t ed Contributions plus two pe rcent (2%) of the Co mpensati on r ecei ved by him subsequent to December 3 1, 1975 and pnor to J a nuary 1. 1983. If such a Member fails to e lec t eithe r of the a bove within ninety (90 ) day a fter his date of termmat10n fr om the Pl a n . then he s hall be deemed t o hav e lected to leave hi s Accumulated Contnbutions on depos it a nd become a \"e t ed Member. A Vested '.\1emb e r s hall be e ntitle d t o a deferred r etireme nt Be nefit which shall be one hundred perce nt (100%) of his Acc rued Be n efit on the date of his termination of membershjp m the Plan. Such deferred Retireme nt Benefit shall co mmence on the first day of the next month following the Vested Member's Normal Retirement Da te . In lieu of receiving the deferred Retirement Benefit upon his Normal Retirement Date , the Vested Member may elect to recei ve a reduce d Retfrement Benefit beginning upon the first of any month s ubseque nt to lu s attainment of age fifty.five (55). The reduction shall be one-fourth of one per ce nt (.25 %) for each month (three percent [3 %] per year ) by wlu ch payme nts co mmence prior t o the first of the month following h1 s Normal Re urement Da t e. A Vested Member may elect at any time prior to hi s . ormal Retirement Date to r ece ive , in lieu of all other benefits under the Plan and provided benefit payme nts have not yet commenced , a refund of his Accumulated Co ntributions , 1f a n y, as of the date of the refund plus two percent (2%) of hi s Co mp e nsati on rece iv ed s ubsequent to De ce mbe r 3 1. 1975 and pnor to January 1. 1983 . 3-6-H 3-4-11: ADMINISTRATION OF THE PLAN : 3-6-H-l-3-1-11-1: RETIREMENT BOARD: There is here by created a board to be known as the "Retirement Board of the City of Englewood ." which s hall be composed of seven (7) members . One (I ) member s hall be an elected member of the City Council who ~hall be se le cted by a majority of the members of Ci t y Co uncil . One (1) member s hall be the Director of Financial Se rvices appointed by the City '.\1anager. Two (2) me mbers shall be employees of the City who are Membe r s of the Plan. who s hall be selected by a vote of all such Members in accordance with s uch procedures as the City Manager may adopt, from time to time . Three (3) members hall be taxpaying electors of the City who s hall be selected by a -30- • .. I • 0 J • • I, • • T· • - majority of the member s of the City Council . In addmon . t he City '.\I a n a ~er . or his designee . shall serve in an advis ory capacity , as a n ex offi cial. n onvotin g me mbe r . Members of the Retire ment Board s ha ll be a ppointed fo r fo ur (-1 ) yea r t e rm s. provided the said member continue s to possess the qualifi ca tion s provid ed he r e in during the member's term and , further provided that: A . The Council member s hall serve durmg hi s term of offi ce as a Co unctl me mb er : and B. The Director of Financial Servi ces s hall serve dunng lu s t e nure in offi ce as su ch Director. Should a vacancy occur in the members hip of the Retire me nt Boa rd. t he s am e s hall be filled for the duration of the unexpired t erm o nly . m the same mann er as provided herein. Prior to e ntering upon the performance of the duties of a member of the Retirement Board. each member ther eo f s ha ll take a nd s ubscribe an oath t hat he a ccepts the obligations imposed upo n him by t he provisions of this Plan and that he s hall faithfully perform the duties of s u ch office. F ive (5) me mb er s of the Retirement Board sh a ll co ns titute a quorum. All actions taken by the Board s hall be approved by a majority vo t e of a quorum of the Retirement Board members. All actions. decis ion s a nd d e t e rminati on s of the Board s hall be recorded in the minutes of the Retire me nt Boa rd a nd . unless inconsistent with the provi s ions of the Pl a n . s hall be binding a nd conclus ive upon all interes t ed parties. No member of the Board s hall receive compensation for hi s servi ce on t he Board but a member may be reimbursed for rea so nable exp e n es i ncurred in connection with !us duties as a me mbe r of the Board . 3-6-H-a 3-4-11-2: MANAGEMENT OF THE PLAN : In addition to the powers and obligations imposed up on the Board as Trus t ee pursuant to Subsection~ 3-4-12-1 he reof. the Reurement Boa rd s h a ll ha ve all powers necessary to effect the manage m e nt and admm1 s trat1 o n of t he Pl a n m a ccorda nce with its term s , including, but n ot limited t o. the fo ll owm g: A. B. C. To establis h rules and regulation s for the a dmims tra u on of t he Pl a n . fo r managing and di scharging the duties of the Board. for the Boa rd 's own government and procedure in so doing , a nd for t he presen ·a u o n a nd t h e protection of the Fund. To interpret the provisions of the Plan a nd to det e rmine a n y a nd a ll que s tion s arising under the Plan or in connection with the a dmims tra tion the r eof. A record of such action and all other matte r s properly coming before the Board shall be kept and preserved. To determine all matters affecting the e ligibility of a ny Employee to be or become a Member of the Plan. -3 1- • ) I • 0 - • • • ..-. • , , • -' D. To determine the amount of the Member's co ntributions to be withheld by the City in accordance with the Plan and to maintain such records of Accumulated Contnbutions as are necessary under said Plan. E. To determine the Credited Service of any '.\llember and to compute the amount of Retirement Benefit, or other sum . payable under the Pl a n t o a ny person . F . To authorize and direct all disbursements of Retire ment Be nefi t a nd othe r sums under the Plan. G. To employ s uch counsel and agents and to o btam u ch cleri cal. me di cal. legal and actuarial s ervices as it may deem necessary or ap propriate m carrying out the provis10ns of the Plan. H. With the a dvice of its actuary to adopt. from time t o tim e fo r purpo es of the Plan, s uch mortality and other tables as 1t may deem necessa ry or a pprop ri a t e for the opera t1on of the Plan. I. To make or arrange for valuations and appraisals of Fund a s se t s held und e r the Plan. and , with the advice of the actuary . to determme the liabilmes of th e Plan . J . To hold assets of the Plan ma s pecial account entitled "Retireme nt Plan Fund ." and invest and reinves t the same and to make such withdrawals therefrom as are authonzed by the Plan for the payment of Retirement Benefits and the expenses of the Board and the members thereof. K. To create re se rves from s uch assets for any purpose . L. To mamtain s uch records and accounts and to rende r s uch fmancial statements and reports as may be required by the City Co un cil. M. To authorize one or more members of the Retire ment Boa rd to 1gn a ll legal documents and reports on behalf of the Retirement Bo a rd . N. To perform such other duties as may be required of a Plan Admini trator under the applicable laws and regulations . 3-6-i-1-3-3-4-1-3: MISCELLANEOUS: All proper expense incurred by the Retirement Board in the admirus trauon of the Plan, if not paid by the City, shall be paid from the Fund when authorized by the Retirement Board. The Retirement Board shall have no power to add to, subtract from or modify a ny of the terms of the Plan. nor to change or add to any benefits provided by the Plan, nor to waive or fail to apply any requirements of eligibility for Retirement Benefits unde r the Plan. A member of the Retirement Board shall not vote on any matter relating solely to himself or to !us rights or benefits under the Plan. If a Board member is so di squalifie d to act and the remairung members cannot agree . the City Council s hall appomt a temporary substitute member to exercise all the powers of the dis qualified member co ncerning the matter m which he is disqualified . -3 2- • ... I • 0 • • .. ........... • •· , . • - The decis ion of the Retirement Board a nd a ny action taken by it in r es pect to the management of the Plan s hall be co nclu sive and binding upon any and a ll e mployees. office r s. former employees a nd officers. :M embe r s. Retir ed :\!e mb e r s . Vested :\1 embers , their Beneficia ri es, heirs , distributees , e xec utors. admirustrator a nd assigns and upon a ll othe r per so ns whom soever. but the Board a t all limes s hall act in a uniform a nd nondisc riminatory manne r . Ne ither the est a blishme nt of thi s Plan nor any modification s thereof or an~· a ction taken thereund er or an~· omiss ion to act. by the Boa rd , the Ci ty Co uncil or a ny of their member s hall be construed as giving to any Member or othe r perso n any legal or eq uitable nght agamst the City or any officer or employee thereof or agai n s t the Retirement Boa rd . the Ci ty Council. or any of their member s. ~ 3-4-12: RETIREMENT PLAN TRUST FUND : ~ 3-4-11-1: APPOINTMENT OF TRUSTEE: The Retirement Board of the City , a nd its members. a r e h e reby app orn t e d a nd co nstituted Trustee of the Retirement Plan Fund a nd s h a ll hold . ma n age a nd co ntrol t h e ame in accordance with the pronsions herem contarned . ~ 3-4-12-2: THE TRUST FUND : All City a nd Employee contribut10ns a nd all 111vestments t h ereo f, togethe r with a ll accumulations, accruals , earnings a nd 111 co me wnh r es pect t heret o. s hall be he ld by the Trustee in trust. hereunde r as the Trus t Fund fo r use 111 providing t he benefits under the Plan. '.'ll o part of the said corpu or inco me s hall be u sed fo r or d i,·erted to purposes other than the exclusive benefit of t h e :\!e mb er . Retir ed :\!e mbers. Vested Members , their Beneficiaries or es tates under the Plan. pnor t o the satis faction of a ll liabilities hereunder with respect t o them . except uch fund s which . up on term111at1on of the Plan. a r e 111 excess of the a m ount reqmred t o full y fund the Pl a n a nd a re due so lely to e rroneous actuanal as umpuons. ~o per so n s h all have any 1ntere t 111 or right t o a ny part of the assets of the Fund exc ept as a nd to the exte nt expressly provided 111 the Plan. ~ 3-4-12-3: PURPOSES AND AUTHORITY OF THE TRUSTEE : It ts the purpose a nd intent of the City in con stitut111 g a nd a pp oint111g the Ret1re ment Board as Trustee of the Trust Fund t o giv e the Retir ement Boa rd full power t o establish s uch investm ent or purchasing programs as the Renre ment Boa rd may deem necessary or appropriate to provide assura n ce that t her e sha ll be a n adequate source for the pay ment of all benefi t s pronded here111 . Th e Trust ee . however, s hall not be res ponsi ble for the co ll ection of a ny City or Empl oyee co ntributions. In serving as Trustee. the Retireme nt Board may dete rmine to : A . B . Use the Trust Fund for the purchase of one or more group a nnuity, or other . insurance policies from one or more Insurance Co mpanies authorized to do bu$iness within the State of Colorado. where by said In s urance Co mp a ny agrees t.o pay all or a portion of the benefits he r ein provided for: or Contract with a commercial bank. chartered under e ithe r the st atutes of the State of Colorado or the United States of America and doing bu siness within this State, with a trust company orgaruzed pursuant to the statutes of the State of Colorado and doing business within thi s State, or with a membe r of -33- .., I • 0 • • -• .. • • - the ;1/ew York Stock exchange or the Am erican Stock Ex ch a nge. doing business within tlus State. to have any of s uch parties inve t funds on behalf of the Tru t ee ; or C. Directly in vest the assets oi the Trust Fund : or D. Establish a n in vestment program. partly funded by insurance and partly funded by investments; or E. Retain on a di scretionary basis a n investment a dvi so r li ce nsed as s uch under the United States Im·estm e nt Advi sor 's Act of 1940. wluch inves tm ent a dvi so r is also an investment co unse l as defined in said Act. ~ 3-4-12-4 : INVESTMENTS : In serving as Trustee , the Retirement Board s h a ll be a uthorized a nd e mp owe r ed , m its sole discre tion . to invest and reinvest the Trus t Fund as fo ll ows: A. Assets of the retirement fund (other than assets of t he drop acco unts) s hall be invested in accordance with Co lorado Revised Statutes Sec!lon 15-1.1.-102. under the ntform Prudent Investor Act. B . Assets of the drop accounts shall be invested in acco rd a n ce with Co lor ado Revised Statutes Section 24-54 -112 (3) (c). ~ 3-4-12-5: TRUSTEE'S POWERS: Subiect to the provJS1o ns of Subsections~ 3-4-12-3 and~ 3--1 -12--1 , hereof, in 1ts inves tment and adm1rustration of the Trust Fund . the Trustee 1s a uthorize d and e mp ower e d with r es pect t o a ny sec urities or other property he ld m the Trus t Fund: A. To se ll . exchange . co nv ey , transfer, lease for a n y peri od , ple dge , mortgage . grant options. co ntract with r es pect to or otherwise encumber or di spose thereof, at public or pnvate sa le. for cash or upon credit or partly for both . and no person dealing with the Trustee s hall be bound to see to the a pplication of the purchase money or to inquire into the validity, expediency or propriety of any s uch sale or oth er disposmon. B. C . D . To s ue, defend, co mpromise, arbitrate, compound a nd settle any debt, o bligation or claim due 1t as Trustee or any other s uit or legal procee ding involving the Trust, a nd to reduce the rate of i nter est on . to e xte nd or otherwise modify , or to foreclose upon default or otherwise e nforce a ny s uch debt, obligation or claim . To give general or specific prmues or powers of a ttorney with or without pow e r of s ub stitution . T o vote in person or by proxy on any stoeks , bonds or other securities for the co nve r sion thereof into other stocks, bond s or securities, or to deposit them in any voting trust or with any protecti\'e or like committee or with a trustee or depos itories designated thereby , or to exercise any rights to subscribe for additional stocks, bonds or other secur1t1es and to make any and all necess ary payments therefor. a nd to jom and participate in or to di ssent from and oppose -34- .. . ' 0 I • 0 • • • .. ~ .,-. • ,. • -' a ny r eo rgaruzation , r ecapitalization. co nsolid a tion. liquidation . sale or merger of co rporations or properties in which 1t may be interes ted as Trustee. u pon s uch terms a nd conditions as it ma y deem wi se. E. To register any securities or other property in its own name or in the n a me of its nominee. with or without the addition of words indicating t hat s u ch securities are held in a fiduciary capacity, or to hold a ny securities in bea r e r form , but the books and records of the Trustee s ha ll at a ll times s how t h at all such investments a re part of the Trust Fund. F . To retain, manage , operate, repair, improve . pa rtition . dedicate or ot h erw1 e deal with any real estate held by it. G . To retain uninvested s uch cash as 1t may d eem necessary , wi thout o bligation to pay interest t he r eo n. H . In general, to exercise all power s in the ma n ageme nt of the Trust Fund wluch any individual could e xerci se in the management of property owned in hi · own right. Necessary parties to any acco unting, litigation. or other proceedings s h all include only the Trustee and the City Co uncil. a nd the settle ment or Judgment in any such case in which the City 1s duly serve d or ci t ed s hall be binding upon all Members, Retired iVlembers, Vested :\1 ember . or Benefi ciaries under the Plan. and upon all persons claiming by , thro ugh or under them. 3-64iMt 3-4-12-6: ADMINISTRATION OF THE TRUST FUND : The Trustee shall pay or distribute a ll Plan benefits fr om t he Trust Fund m s uch form . in such amounts. at s uch tim es a nd to such payee as may be a uthorized by the Retirement Board . The Trustee may employ s wtable age nts a nd co unsel. The e xp e nses incurred by the Trus tee m the performance of its dunes hereunder a nd all proper charges a nd di bursements of the Trustee, including all taxes lawfully assessed upon or in re s pect of the Trust Fund or its income, shall be charged and paid by the Trustee fr om the Fund. No member of the Retireme nt Boa rd . as Trustee, s hall r ece iv e co mp e nsation for his services as s uch but s ha ll be e ntitl ed to be r eimbursed for a n y exp e nses incurred by him on behalf of the Tru t Fund to the extent t hat s uch e xp e n ses a re not paid by the City. The Trustee s hall keep detailed. acc urate accou nts of a ll investme nts. receipts a nd di s bursements and other transact10ns hereunder . All acco unts. books a nd records r e lating thereto s hall be open t o m spect10n by a ny person de s ignated by the City at a ll r easonable times . The Trus t ee s h all mamtam s uch r eco rd . make s uch co mputations and perform such miru s t enal acts as t he City from ttme to tim e may request. On or before August 1 and F e brua ry I of each yea r , the Trus t ee s hall fil e a report with the City in s uch form as the City may r equest. Thi s r eport s ha ll how a ll purchases. sales, receipts , disbursements a nd othe r transacti on s effec t ed by the Trustee during the six (6) month period for whi ch the re port 1s filed . It s h a ll co nta in a n exact description. the cost value as shown on the Trus t ee's books a nd the marke t value as of the end of such period of every item then held in the Trust Fund . The Trustee shall be forever relieved from all liability to the City , the Fund. and any Member or Beneficiary with respect to the propriety of any of its acts or tra nsa ctions -35- • ' ) I • 0 - • • -• • ,. ---' • •.. • -' " s hown in s uch report unless within ninety (90) days after the receipt of s uch report. the City glYe the Trustee written notice of its objectio n or obj ections to any matte r set forth ther ein. The Tru-tee s hall not be liable , either as a body or individually . for the makmg. r etention. or sale of a ny inY estm e nt or r einve stment mad e by it or originally receh·e d by it as herein pronded nor for a ny exp e n se or liability , hereunder. nor fo r any Joss t o or diminution of t he Trus t Fund unless due to or arising from ,ts own gro s ne gligence , mi sco nduct. dishonesty or Jack of good faith . The Trus t ee ma y co n ult with co unsel and shall be full y protected in acting upon the adY ice of co unsel. \;nl ess otherwi se advi ed . the Trustee may ass ume that the Plan at all t im es qual.tfies under Internal ReY e nue Cod e Section -lOl (a) and that the Trust hereby establi s hed is at a ll un:es tax-exe mpt under Internal Revenue Code Sectton 50l(a). as a me nd ed , or a s u cces or provisions . The Trustee s hall have no r es po n ibtlity fo r the accuracy of a ny m fo rm atton furnished it by t he City . ~ 3-4-12-7: REMOVAL OF TRUSTEE: Nothing herein s h all be co n s trued to prohibit the City Co unctl from removing the Retirement Board a Trustee of the Retirement Fund by appropriate a me ndment to this agreement. U pon r emoval of the Tru stee. the Ci t y Co uncil hall appoint a s uccessor Trustee or Funding Agent. Upo n deliver y by the rem ove d Trust ee to it s s uc cessor of all property of the Fund, Jess s uch r easonable amo unt a it s hall dee m nece ssary to provide for its expe nses , and a ny taxes or a d vances cha r geab le or paya ble out of the Fund. the s uccesso r Trustee or Funding Agent s hall thereupon have the powers and duties as are co nfe rred upon it by the Trust Agree ment or group annuity co ntract. 1 ·o s uccessor Trustee or Funding Age nt s hall ha ,·e a ny obligation or liability with res pect to the acts or om iss ion of its predecessor s . 3-643 3-4-13: RETIREMENT BENEFITS AND RIGHTS INALIENABLE : 3-6-l3-l 3-4-13-1: INALIENABILITY: Members. Retired :'vl e mber s. Ves ted Members a nd their Be ne fician es unde r t he Pl a n are hereby re stramed from elling. transferring, a nticipating, a s igning, hypothecatmg, or otherwise disposing of their Retirement Benefit. prospecti,·e Retirement Be nefit, or any other rights or interest under the Pl a n . a nd a ny atte mpt to a nticipate. ass ign , pledge , or othe rwi se dispose of the same s h all be void . Said Retirement Benefit . prospective Rettre ment Be nefit and rights a nd interests of sa,d Members. Retired Members , Vested Members or Benefi ciaries s hall not at a ny t im e be s ubj ect to the claims of creditors or others for li abilities or torts of said :\(embers. Retired }!embers, Vested Members or Beneficiaries. nor be li ab le to attachm ent, execution . or other legal process. Notwithstanding the fo r egoing, the Retirement Bo ard may a pprove payment. A. B. Assignments for : Child Support purposes provided for in Co lorado Revised Statutes Sections 14 -10-11 8 (I ) a nd 14 -1-1-107 , as they e xisted prior to July 1. 1996 . Inco me assignments for Child Support provided for in Co lorado Rev ise d Statutes Section l-1 -14 -11 L'>. Wnts of garmshment that are the result of a judgment taken for arrearages for Child Support or for Child Support debt. and -36- • . I • 0 ] • • • /'. • .. • -.. D . Payments made in co mpliance with a properly exec uted a nd ce rtified co urt order approving a written a greement dividing r etir ement benefits between a me mber and a n alternate payee ("dro"), e nter ed i nto purs uant to Colo r ado Revised Statutes 14-10-11 3 (6). 3--6-i-3-il 3-4-13-2: BANKRUPTCY: If an y Member, Retired Member. Vested '.\!e mbe r or Be neficia r y s haU beco me bankrupt or attempt to anticipate. assign or pledge a ny be nefits unde r the Pl a n . then such benefits shall, in the discretion of the Retire ment Boa rd , cease. a nd m that event the Retirement Board s hall have authority to ca use the same. or a ny part thereof, to be held or applied to or for the benefit of uch '.\1 embe r . !us spouse , hi s children, or other dependents , or any of them . m s uch ma nne r a nd m s uch proportions as the Retirement Board may d ee m pr ope r . 3+-1+ 3-4-14: MODIFICATION OR TERMINATION OF PLAN: 3-6-l+-l-3-4-14-1: EXPECTATION : It i s the expectation of the City that 1t wiJI co ntmu t hi s Pl a n a nd t h e payment of its co ntributions hereunder ind efirut e ly, but co nunuance of t he Plan is not ass umed as a contractual obligation of the City. 3-64+-a 3-4-14-2: AMENDMENT: The City reserves the right to alter, amend , or terminate the Pl a n or any part ther eof in such manner as 1t may determine . a nd s uch alteration . amendment or termination shall take effect upon notice thereof from the City to the Retirem e nt Board; provided that no s uch alteration or amendment s hall provide that the Retirement Benefit payable to any Retired Membe r s hall be le ss than that pro~;ded by his Accumulated Contributions or affect the right of any Membe r to receive a r e fund of his Accumulated Contributions and s hall not direct ly or indirectly reduce any Member's Accrued Pension. And provided further . that no alteration or termination of the Plan or any part thereof shall permit a ny part of t he Fund to revert to or be recoverable by the City or be used for or diverted to purposes other than the exclusive benefit of Members, Retired Members , Vested :vl e mb ers or Be neficiaries under the Plan, except s uch funds. if any, as may r em ai n at termination of the Plan after satisfaction of all liabilities with r espect t o '.\1 e mber s . Ret1red Members , Ves ted Me mbers and Beneficia ries under t he Pla n and a r e due solely to erroneous actuarial assumptions. Furthe r , no a me ndm ent s ha ll ca u se t he elimmation of an optional form of benefit nor the eli mma u on or reduction of a n ea rl y Retireme nt Benefit that continues after r etireme nt. 3-6-1+3 3-4-14-3: APPROVAL UNDER THE INTERNAL REVENUE CODE: The Plan is intended to comply with the requireme nts of t he applicabl e prov1s1ons of Inte rnal Reve nue Co de Section 40l(a), as now in effect or her eafter a me nded , a nd a ny modification or amendment of the Plan may be made retroacti,·e, as ne cessary or appropriate. to establish and maintain such compliance. -37- • •, I • 0 • • -• ,,,.. .. • • - 3-G-i++ 3-4-14-4: DISCONTINUANCE: The City reserves the right at any time and for any reason satisfactory to it to discontinue permanently all co ntributions under this Plan. Such discontinuance s hall be deemed to be a complete termination of the Plan. ~ 3-4-14-5: TERMINATION : In the event of a partial or complete termination of the Plan. the Accrued Benefits up to the date of termination by the affected Employees and their Beneficiaries s hall be nonforfeitable and all affected funds s hall be a llocated to affected Members , Retlr ed Members, Vested Members and Beneficiaries on the following priority basis of: A. An amount equal to the Accumulated Co ntr1but10n s. or balance thereof, which would be payable to the :'11embers. R etired Members, Vested :Vlembers or Beneficiaries s hould death occur on the date of the termination of the Plan. B . An amount of the remaining assets eq ual to a pro rata portion determine d on the basis of the ratio that the actuarial reserve for lus Accrued Benefit mmus the amount in A . above credited to him bears to the total of s uch actu aria l reserve minus the aggregate of amounts allocated under A. above . ~ 3-4-14-6: DISTRIBUTION: When the assets of the Trust Fund have been allocated as indicated a bove , the distribution may be made m the form of cash or nontransfe rable annuity co ntracts as determined by the Retirement Board. provided that any affected funds remammg after the satisfaction of all liabilities to affected Members . Retired Members , Vested Members and Benefic13r1es under the Plan may be withdrawn by the Retirement Board from the Fund and r e funded to the City . ~ 3-4-15: RESERVED ~ 3-4-16: LIMITATIONS : ~ 3-4-16-1: REEMPLOYMENT OF FORMER NONVESTED MEMBERS : If a Member's e mployment terminates prior to hi s becoming a Vested Member a nd the Member is subsequently reemployed as an Employee . s u ch Member s hall not be e ntitle d to receive credit for hi s previous Credited Service under the Plan, except a s provided in Subsection~ 3-4-4-3 hereof. 3-646-a 3-4-16-2: REEMPLOYMENT OF FORMER MEMBERS: If a former Member is reemployed as an Employee of the City, no Retirement Benefit payments shall be made during the period of s uch reemployment. U pon the subsequent vested termination of employment by such a Member, the Member s hall be entitled to receive a Retirement Benefit based on i) hi s Credited Service prior to the date of his previous termination (e xcept Credited Service lost after a five (5) year break under Subsection~ 3.4.4.3 hereof. and ii) his Credited Service during the period of his reemployment, and iii) in the case of a disabled Member, his Credited Service while disabled. In the case of reemployment, of a former Member who received, prior to -3 8- • .. I • 0 • • • " • .. • - his reemployment. any benefit payments (whether sin gle s um or periodic) with re s pect to which Credited Service is re stored h ereunder, the Retirement Be nefit payable up on his subsequent retirement s hall be reduced by the Actuanal Equivalent of s uch payments, other than Di sability Retirement Benefit paym ents. he r eceived prior t o hi s Normal Retirement Date , unless such payment was a s ingle sum that was r e paid under Subsection~ 3-4-4-3 hereof. 3-6-K-3 3-4-16-3: LIMITATION OF BENEFITS : Effective January I , 1987 . notwithstanding a ny othe r provis10n contained herein to the contrary, the benefits payable to a Member from this Plan provided by City contributions s hall be s ubi ect to the lim1tauons of Internal Revenue Cod e Sect10n 415 in accordance with subsections A a nd B below : A. Defined Bene fit Plan Only . An y a nnua l Pe n sio n paya ble to a Me mber hereunder shall not exceed the le sse r of: 1. Ninety thousand dollars ($90.000.00), adjusted for in cr eases in the cos t of living, as prescribed by the Secretary of the Treasury or hi s d elegat e. effective January I of each calendar yea r a nd a pplicabl e t o the Limitation Year ending with or within s uch calendar year . or . tf greate r . the amount of straight life , or qualified joint and s urv1Vo r annwty accrued by the Member as of December 31 , 1982 , OR 2. One hundred percent (100%) of the Employee's average ea rrung fo r the three (3) consecutive calendar years, while a :\1ember in the Pl a n . m which his earnings were the highest. For purposes of this s ubsection , earnings for any Limitation Year s hall be the :\!e mber's e a rned inco me. wages, salaries, and fees for professional se rvices . and other a m ounts received for personal services actually rendered m the cour e of e mployment with the City (including, but not limited to . co mm1 ss1on s paid s ales persons, compens ation for se rvi ces on the ba s is of a pe r ce ntage of profits, commissions on insurance p'remium s . tips and bonuses), proV1ded such amounts are actually paid or includible in gross income during such Year . Earnings shall exclude the following: a. b . City contributions to a plan of deferred compensation which are not included in the Member's gross income for the taxable year in which contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductible by the Member, or any distributions from a plan of deferred co mpensation ; and Other amounts which received special tax benefits, or contributions made by the City (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Internal Revenue Code Section 403(b) (whether or not the a mounts are actually excludable from the gross income of the Membe r) . This Subsection 2, shall not be effective for years beginning on and after January I , 1995 . -39- • .. .. ) I • 0 I • • • ---. • ... • - 3. Except as provided in Subsection A5 be low . which imposes additional limitations on the amounts payable to Members with less than ten (10) years of service. the foregoing limitations s hall not be applicable with respect to any Member whose annual Pens ion under this Retirement System. and any other defined benefit plan maintained by the Employer . is less than ten thou sa nd dollars ($10,000 .00), and s uch '.\!e mbe r ha s not at any time paruc1pated in any defined contnbut10n plan (within the meaning of Section 4I5(k) of the Code) mamtamed by the Employer. 4. In the event that a '.\1ember has less than ten (10) yea rs of participation in this Retirement System and predecessor plans hereto. the dollar limitation otherwise applicable under Subsection A I above hall be reduced by multiplying such limitation by a fraction . the numerator of which is the number of such Member's years of Plan part1c1pat1on (o r part thereof), but never less than one (I ). and the denominator of which is ten (10). This paragraph shall. to the extent require d by the Secretary of the Treasury, be applied separately to each change m benefit tructure hereunder. 5. 6 . 7 . In the eve nt that a '.\1ember has been credited with le ss than ten (10) years of service. the percentage-of-average-earnings lim1tat1on otherwi se applicable under Subsection A(2) above and the dollar amount otherwise applicable under Subsection A(3) above shall be reduced by multiplying each by a fraction . the numerator of which is the number of u ch Member's years of s ervice (or part thereof), but never less than one ( l ), and the denominator of which is ten (10). The limitations of this Section apply to a s traight life annuity with no ancillary benefits and to an annuity that constitutes a qualified JOmt a nd s urvivor annuity, provided payment begins between ages SLxty -two (62) and sixty-five (65). If payment commences before age sLxty-tw o (62), the foregoing limitations shall be reduced so that they are Actuanally Equivalent to such a benefit commencing at age sixty-two (62). Howe "e r , the reduction of this paragraph s hall not reduce the limitation be low seventy-five thousand dollars ($75 ,000.00}, if payment co mm e nces after age fifty-five (55), or below the Actuarial Equivalent of seve nty-five thousand dollars ($75,000.00) co mmencing at age fifty-five (55 ). 1f payment commences before age fifty-five (55). If payment co mm e nces after age sixty-five (65), the limitation shall be the Actuanal Equivalent of a ninety thousand dollars ($90.000 .00) annual benefit co mme ncing at age sixty-five (65). The interest assumption for purposes of determmmg Actuarial Equivalency under this paragraph s hall be the interest r ate otherwise used for purposes of computing opt10nal forms of income payable under the Plan, but the rate s hall not be le ss than fi\'e percent (5%) annually if benefits commence before age s ixty-five (65) and shall not exceed five percent (5%) annually if benefits co mmence after age sixty-five (65) . For limitation yea rs beginning on and after January I , 1995 , the provisions of Subsections .J , 5 and 6 , of this Subsection a 6 16 3(A) 3-4 -16-3(A), shall not apply to disability retirement under Subsections 3- 6-6-. 3-4-6-4 and ~ 3--1-7-3. or to death benefits under -40- • .. ) I • 0 • • • -• ; .. ,,, ... • -' Subsections~ 3+9-1. ~ 3--1-9-2 . ~ 3-4-9-3 and a-6-9- + 3--1-9-4 , or to s upplemental death benefits under Subsections ~3--1-9-5 . B . Defined Benefit and De fined Co ntribution Plan . If, in any Limitation Year a Member also part1c1pate s in one or mor e defined co ntribution plans maintained by the City , then for s uch Limitation Year. the sum of the Defined Benefit Plan Fraction a nd Defined Co ntnbut10n Plan Fraction (a s described below) for s uch Limitation Year shall not excee d one. The Defined Benefit Fraction for any Limitation Year hall mean a fraction a ) the numerator of which is the projected annual benefit of the Member under the Plan (determined as of the clo se of the Lun1tat1on Year), and b) the denominator of which is the lesser of one hundred twenty-five percent (125 %) of the doll a r limitation under internal Rev e nu e Code Section -I 15(b)(l )(A) or one hundred forty percent (140%) of the percentage limitation under Internal Revenue Code Section 415(b)(l)(B) for the year of determination (taking into account the e ffec t of Section 235(g)(4) of the Tax Equity a nd Fiscal Responsibility Act of 1982). The Defined Contribution Fraction for any Limitation Year s hall mean a fraction a) the numerator of wluch is the s um of the a nnual adruuon s (as defined in Internal Revenue Code Sect10n -I 15 (c)(2)) t o the Member 's acco unts under all defined contribution plans maintained by the City as of the clo e of the Limitation Year (subject to reduction to the extent permitted unde r the transition rule in Section 235 (g)(3) of the Tax Equity and Fi scal Res pons ib1..hty Act of 1982), and b) the denominator of which is the s um of the le sser of one hundred twenty -fh·e percent (125 %) of the dollar limitation under Inte rna l Revenue Code Section 415 (c)(l)(A) or one hundred forty percent (1-10 %) of t he percentage limitation under Internal Revenue Code Section -115 (c)(l )(B ). for such Limitation Ye a r and for all prior Limitation Years during wluch the Member was employed by the City (provided , however . at the e le ct10n of the Retirement Board . the denominator shall be increased by using for L1.m1tat1 on Years ending prior to January I. 198 3 , an amount equal to the denominator m effect for the Ltm1.tat1on Year ending in 1982 . multiplied by the tra n s 1t1 on fraction provided in Internal Revenue Code Section -115 /e)(G)[B]). lf. in any Limitation Year, the s um of the Defined Benefit Plan Fraction a nd Defined Contr1.but1on Plan Fraction for a Member would exce ed one ( 1.0) without adiustment of the amount of the maximum annual pension t h at can be paid to s uch Member under paragraph Al of this Subsection , then the amount of the maximum annual pens10n that ca n be paid to s uch ~e mb er under paragraph Al , hereof, s hall be reduced to the extent necessa ry to r educe the sum of the Defined Benefit Plan Fraction a nd Defin ed Contnbut1on Pl a n Fraction for such Member to one. or the Retirement Board may take s uch other actions as will cause the sum t o equal one (1.0) or le ss. For purposes of this Section. the L1.m1.tat1.on Year s hall be the calendar year . This Subsection B . shall not be effectiv e for yea r s beginning on and after January 1, 2000 . -41- . ., . ) I • 0 • • -• • • .. • • ~ 3-4-16-4: CONSOLIDATION OR MERGER: The Plan s hall not be co nsolidated or merged with , nor shall any assets or liabilities be transferred to any other Plan. unless the benefits paya ble to each Membe r if the Plan were termmated immediately after s uch act10n would be equal to or greater than the benefits to wluch s uch :\1 ember would have been e ntitled if this Plan had bee n terminated immediately before uch action . 3+l+ 3-4-17: MISCELLANEOUS PROVISIONS : 3-64-'t-l-3-4-17-1: RIGHTS OF MEMBERS: Each Member shall be advised of the general provis ion s of t he Pl a n a nd upon written request addressed to the Retireme nt Boa rd s hall be furrushed with a n y information requested regarding lus status , rights and privileges under the Plan. Neither the establishment of the Plan. the granting of a Retire me nt Be nefit. nor a n y action of the City or the Retirement Board s hall be held or co n s trued to co nfe r upon any person any right to continue employment. nor . up on d1sm1s sal. a ny right o r interest in the Trust Fund other than as herem prov id ed . ~ 3-4-17-2 : LIMITATION OF LIABILITY: No Member shall have any right to Retirement Benefits under the Pl a n . exce pt s uch rights, if any, as may accrue to him upon his retirement from the service of the City under the provisions of the Plan while it is in effect. All s uch benefits are payable solely out of the Trust Fund and in no event shall the City , the Trustee , or the Retirement Board members be liable therefor. Neither the establis hm e nt of this Plan, nor any amendment or modification thereof. nor failure of the City to provtde s ufficient contributions to the same s hall be construed as giving to a ny '.'vl emb er , or other person, any legal or equitable right against the City . or a ny office r or director thereof. or against the Retirement Board , or any Member thereof. ~ 3-4-17-3: DIRECT ROLLOVERS : A. General. This Section applies to distributions made on or a fter J a nuary I , 199 3. Notwithstanding any provision of the Plan to the contrary that would othe rwi se limit a dis tnbutee's election under this section , A dis tributee m ay e lect, a t the time a nd in the manner prescribed by the board. to ha ve a ny portion of a n eligibl e rollover distribution which exceed s $200 paid directly to an eligible retirement plan s pecified by the distributee in a direct rollover . If a distnbutee·s direct rollover distribution is le ss than $500. the di stnbutee may only elec t to direct rollover 100% of the eligible r oll ove r distr1button . B Defi mtions : I. Eligible Rollover Distribution. An eligible rollover di s tribution 1s any di stribution of all or any portion of the balance to the credit of the distr1butee , except that an eligible rollover di str1buuon doe s not include: any dis tribution that is one of a series of s ub s tanttally equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint live s (or jomt life expectancies) of the distributee and the distributee's de signated beneficiary , or for a s pecified period of ten years or more: any dis tnbution to the extent s uch -42- ., ., I • 0 - • • • .. • -· • •· .. 11,1 ·~ • • .. distribution is required under code Section -IOI (a ) (9 ); a nd the poruon of any distribution that is not includable m gross inco me (dete rmined without regard to the exclusion for net unrealized appree1at10n with respect to employer securities). 2. Eligible Retirement Plan. An eligible retirement plan 1s a n ind.indual retirement account described in Code Section 408 (a), an md1v1dual retirement annuity described in Code Section 408 (b). and annuity plan described in Code Section 403(a), or a qualified trus t described in Code Section 401 (a), that accepts the distributee·s eligible r o llover distribution. however, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan 1s an individual retirement account or individual retirement annuity . 3. Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who 1s the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). are distributees with regard to the interest of the spouse or former spouse . 4. Direct Rollover . A direct rollover is a payment by the plan to one e ligible retirement plan specified by the distr1butee. 5 . Waiver of 30 Day Notice for Cashouts of S5 .000 (83 ,500 Prior to January 1, 1998) or less . if a distribution 1s one to which Code Sections .JOI (a) 911) and 417 do not apply . such distribution may commence less than thirty (30) days after the notice requrred under treasury regulation Section 1.411 (a ) -ll (c), 1s given, provided that: a. The Board clearly informs the member that the member has a right to a period of at least thirty (30) days after rece1vmg the noti ce to consider the dec1 s1on of whether or not to e lect a d1 tnbuuon (and . if applicable , a particular distribution option). and b. The member, after receiving the notice . affirmatively elects a distribution . Sectjon 22. The City Council of the City of Englewood , Colorado hereby renumbers Title 3 , Chapter 7, to Title 3 , Chapter 5 . ·'City of Englewood Police Officers · Pens ion Fund, in its entirety of the Englewood Municipal Code 1985, to read as follows : Ti•le 3, Chapier 7 TITLE 3, CHAPTER 5 POLICE OFFICERS' PENSION FUND 3-74 3-5-1: FUND CREATED: A. The City does hereby elect to continue to participate m the Poli ce Pension Fund, in accordance with the provisions of title 31, article 30 , part 3, C.R.S., 1973, save and except to the extent the provisions of this Section supersede a ny provisions of said statutes. -43- • ' . ' ) I • 0 -------------------.. ] • • • - •· ',• ,,-. • • -.. R The P e nsion Fund and Pension Pla n s hall be a dmtruster ed by the Plan document as adopted by the Ci t y Council by r esolution a nd which m ay be amended as required by the Board of Trustees. 3-+-ll 3-5-2: SUPPLEMENTAL DISABILITY BENEFITS: A. In order to s upplement the income of a ny police officer. who. as a re s ult of inj ury or illness, r ecei ve s an occupational or tota l disability from the Fire a nd Police Pens ion Association s hall receive a monthly be nefit paid from t h e "Self-Ins ura nce Fund," defined in Title 4 . Chapter 3, Section 7 of tlus Code . a s determine d in this Section. B. Any police offi cer hired prior to April 8 . 19i8 receiving a n occupationa l or total disability from the Fire a nd Police Pe n s ion As ocia u on s ha ll rece1,·e twenty pe rce nt (20%) of t he base salary plus longevtty the police office r was earning when the disability wa s a warded. The benefit payment s ha ll be in a ddition to any benefits paya bl e to the police officer from t he statutory Police Officers' P e n s ion Fund . C. Any police offi ce r hired on or after April 8 , 19 78 receiving a n occupatio na l disability from the Fire a nd Police Pe nsion Association s h all rece 1\'e ten percent (10%) of the base salary plus longevity the police offic er was earrung when t he disability was awarded. The benefit payment s hall be in addition to a ny benefits paya ble to the police officer from the s t a tutory P olice Officers· Pe nsion Fund . D. Any police officer hired on or after April 8 . 1978 receiving a total disability from the Fire and Police Pension Association shall rece iv e twenty percent (20%) of the base s alary plus longevity the police officer was earning wh e n the d1 ability was awarded. The be nefit payment s hall be in addition to a ny benefits payable to the police offi ce r from the statutory Police Offi ce r ' Pension Fund . E . Be nefits from this section shall be r e duce d if a police offi cer ha s e a rned a ny incom e othe r than that provtded by a d1sab1hty benefit. a nd if applicable. a Workers' Compe nsation award that pro.,,,des a tota l inco m e greater t ha n a n a m o unt e qual to one hundre d pe r ce nt (1 00%) of the base sala ry provided to a n act ive police officer of the sa m e r a nk a t which the police office r r etired , the disability benefit s hall be reduced by twenty -fi ve percent (25 %) of the additiona l earne d incom e . F . All benefits from this section shall cease if the poli ce offic e r ceases to qualify for a n occ up ation al or total disability from the Fir e a nd Police Pension Association . G . All be nefits from this section shall be s u s pended or cease if the police office r fails to provide a ny information reques ted by the safety se rvices s uppl e me ntal disability board by the date indicated on the request. H . All be n e fit s from t hi s Section shall cease on the poli ce offi cer's normal r etir e ment date . I. A Safety Services Supplemental Disability Board shall be created a nd co mposed of two elected members from the firefighter ranks chosen by a majority of the Fire Division for a three (3) year term : two elected members from the police ranks chosen by a majonty of the Police Division for a three (3) yea r term : one -44- • ., • 0 I • 0 • • ,. ,.-. • .. J, • -.. cltlzen boa rd me mb e r fr om the Police Pe n sio n Bo ard : one ciuze n board member fr om t he Firefighter Pens ion Board : the Financial Services Director of the City of Englewood . and th :\1ayor of t he City of Englewood. Five member s s hall co n titute a quorum for co nductmg a ny Boa rd business . The Safety Servi ces Supplemental Di sability Board 1s gra nted the authonty to issue r egula ti on not in co n s1 tent with t he te rm s of tlus secu on. designed to carry out the purpo .i of thi s Secuo n. a nd t o hold hea rmgs . take evide nce. rece1Ve information . a nd t o ma k e final and btndmg d ec1s10 ns. a wards a nd r eso lutions resp ectrng the eligibility of applica nts fo r mmal a nd co ntmued payment of s upple me ntal benefits . J . The Safety Sen·1ces S uppl eme ntal Di sability Boa rd s ha ll elect a charrpe r on fr om it s membe r s to presid e ove r mee tings a nd conduct other boa rd bu ·m ess not inconsistent wnh the terms of this Section . K. The Safety Services Supplemental D1 sabil.tty Board sha ll be required to meet only when a ppli cati on for benefits a r e made or as determmed by t h e ch a irpe r so n of the Boa rd. g..;..a, 3-5-3: RETIREMENT BENEFITS: Any police offi cer in covere d employ ment with the City prior to .-\pnl . l 9i , a nd who ha s a ttamed the age of fi.h·-five (55) yea rs a nd has t we nty (20) or mor e ye a r of credited service with the Englewoo d P olice Division. or a memb e r wh o ha s twe nty- five (25) year s or mor e of cr edit with said Englewoo d P oli ce Divi s ion . regard le s of age. s hall be e l.tg1bl e to receive a se rvice r etire me nt pe ns ion based on t he poli ce offic er's final base pay, a ll ow m g two a nd one-half per ce nt (2 1/2%) for each of the fi r st tw e nty (20) yea r s of accred1ted erv ice , plus one percent (1 %) fo r each addm onal yea r of accredited sen ·ice , to a m aximum of SL'<t y-five percent (65 %). Calc ulaun g t h e ba se pay mean s the ave r age salary r eceived as a me mb er of sa id Depa rtme nt fo r one year befo r e grantmg sa id pension . Pe n sio n payments s h a ll be made m e qual month ly in stallm e nts to the me mber. ~ 3-5-1: LEAVING SERVICE PRIOR TO ELIGIBILITY: Should any pol.tee officer m covered e mploy ment with the City pnor to .-\pnl . I 9i , who le aves the sen,ce of the Ci ty pnor to becoming e ligibl e to r ece l\·e a pe nsi on . for a ny reason othe r tha n death , a nd said m ember has less than fiv e (5) yea r s of cr edited service at te rmm at1on . he s hall be e ntitled to a r efu nd of hi s total co ntribution without mte r est; o r 1f said membe r has fiv e (5) or mor e years of cr edited service a t terminauon , s aid officer m ay elect eithe r : A. To receive deferred monthly benefits payable beginnmg a t age fifty-five (55) based up on the me mb e r ' final ba se pay , a llowing two a nd one -h a lf pe r ce nt (2 1/2%) for each of the ftr st tw enty (20 ) year s of accredited servi ce plus one percent (1 %) for each addiuonal yea r of a ccredited se l"Vl ce to a maximum of sixty-five perce nt (65%) of base pay: or B. Re ceive a refund of hi s total co ntnbuuo n s with inter es t , if a ny. thereon . a s m ay be determined by the Board of Trust ees of said Fund. -45- • . .. • . . I • 0 • • • _,,--• • • - 3-+-l. 3-5-5: POLICE PENSION FUND: In lieu of the provisions of Title 31. Article 30. Section 312, C.R.S .. 1973 , the Board of Trustees of the Policemen's Pens ion Fund ofthis Murucipality s hall be gove rned by the following provisions : The Board of Trustees of the Policemen's Pension Fund in this Munmpality s hall have power to draw on s uch Pension Fund. from the treas ure r of the Police m e n 's Pension Fund, and may invest the same, or any part thereof, m the name of the Board of Trustees of the Policemen's Pens10n Fund. in a ny security . bond . de be nture . co rporate obligation, stock . preferred or common , securities of a ny ope n-e nd or closed- end management-type im·estment company or investment trust and part1c1pa t1 o n s in co mmon trust fund s. to the extent that s uch investme nts wo uld be a uthonze d investments by fiduciaries within this State as set forth in title 15 . a rticle I. part 3. C.R.S .. 1973. or any s ubsequent amendment thereto. providing that a id Boa rd s hall at all times hold fixed income obligations having a book va lue or cos t of n ot less than si..xty percent (60%) of the total contributions m ade to said Poli ce me n ' P e n s io n Fund, le ss the a mounts paid out. All securities invested s hall be deposite d with the Treasurer of the City, as ex officio treasurer of the Board of Trustees of the Policemen's Pension Fund, and s ubject to the order of said Board. Sectjon 23 . _The City Council of the City of Englewood , Co lorado hereby re numbe r s Title 3, Chapter 8 , to Title 3, Chapter 6 , Firefighters· Pension Fund And Pe rm a n e nt Disability Benefits, in its entirety of the Englewood Municipal Code 1985 . to r ea d as follows: TITbE 3, CHAPTER 8 TITLE 3, CHAPTER 6 FIREFIGHTERS' PENSION FUND AND PERMANENT DISABILITY BENEFITS 3-8-l 3-6-1: FIREFIGHTERS' PENSION FUND AND PERMANENT DISABILITY BENEFITS: 3-8-14 3-6-1-1: FIREFIGHTERS' PENSION FUND: Commencing on January l. 197i, there s hall be deducted from the monthly salary of plan members hired pnor to Apnl 8 , 1978, of the Englewood Fire Division a s um equal to five percent (5 %) of s aid me mbe r 's m onthly salary purs uant to part 4 , a rticle 30, title 31 C .R.S .. 1973 , which s um s hall be deposited in the City's Firefighters' Pension Fund. A. The City shall make contributions annually to the Firefighters' Pension Fund at a rate to be determined in the following manner: at least every three (3) year s, the Firefighters' Pension Fund s hall have an actuarial s tudy prepared relating to the Firefighters' Pension Fund. The normal cost of the benefits afforded under the statutory Firefighters' Pension Fund plus any unfunded cost prorated on a forty (40) year funding basis from January 1. 1982. of the benefits afforded under the Firefighters' Pension Fund. The resultant percentage will be paid annually from general revenues of the City into the Firefighters' Pension Fund. -46- • ... I • 0 • • • • ,.,-- • . ..... • • B . In addition to the powers and obligations imposed upon the Board of Trustees of the Englewood Firefighters' Pension Board. by a rticle 30, title 3 1, C.R .S. 1973, said Board shall have a ll powers necessary to s upe rvi se a nd adm inister the terms of this Section. ~ 3-6-1-2: SUPPLEMENTAL DISABILITY BENEFITS : A. In order to s upplement the income of any firefighter . who. as a r esult of inJury or illness, receives an occupational or total disability fr om the Fire a nd Poli ce Pension Association shall receive a monthly benefit paid fro m the ··Self-Ins ura n ce Fund," defined in Title 4 . Chapter 3 , Section 7 of thi s Code. a de te rmined m this Section. B. Any firefighter hired prior to April 8. 1978 receiving an occ up a tion al or t otal disability from the Fire and Police Pension Association h a ll r ece iv e tw nty percent (20 %) of the base salary plus longevity the firefighte r was ea rn m g when the disability was awarded. The benefit payment s hall be m add m on to a ny benefits paya ble to the firefighter from the s tatutory Firefighte r s · Pen 10 n Fund. C . Any firefighter hired on or after April 8. 1978 r eceiving a n occ up a t 10 nal disab ility from the Fire and Police Pen sion Association s hall receive ten perce nt (10%) of the base salary plus longevity the firefighter was earning when the d1 ab ility was awarded. the benefit pay ment s hall be in a ddition to a ny ben efi t s payabl to the firefighter from the statutory Fire fighters· Pension Fund. D . Any firefighter hired on or after Apnl 8 . 1978 receiving a total disability fr om the Fire and Police Pension Association s hall r eceive twenty percent (20%) of the base salary plus longevity the firefighter was earning whe n the di sa bility wa s awarded . the benefit payment s hall be in addmon to a ny benefits paya bl e to the firefighter from the statutory Firefighters· Pe n s10 n Fund . E . Benefits from tlus Section shall be reduce d if a firefighte r has earned a n y income other than that provided by a disability benefit, and if applicable . a Workers· Compensation award that provides a total income greater than a n a mount e qual t o one hundred percent (100%) of the base salary provide d to an active firefighter retl.l"ed , the di sability be nefit shall be reduced by twenty-five perce nt (25%) of t h e additional earned income . F . All benefits from this Section s h a ll cease if the fire fighter ceases to qualify fo r a n occupational or total disability from the Fire a nd Poli ce P e n s ion A sociation . G . All benefits from this Section s hall be s u spended or cease if the fl.l"efighte r fails to provide any information requested by the Safety Services Supplemental Disability Board by the date indicated on t he reques t . H . All benefits from this Section s hall cease on the firefighte r · norm al retire m e nt date . I. A Safety Services Supplemental Disability Board s h a ll be created and co mposed of two elected members from the fl.l"efighter ranks chosen by a m ai ority of the Fire Division for a three (3) year term: two e lected members from the police ranks chosen by a majority of the Police Divis ion for a three (3) year term : on e citizen board member from the Police Pension Bo a rd ; one citizen board member -47- • ' . . ' I • 0 ] •• • • • , .... .. • -... from the Firefighters P ension Boa rd : the Financial Sen,;ces Di.rector of the City of Englewood, and the Mayo r of the City of Englewood. Five members s hall co nstitute a quorum for co nducting any board business. The Safety Sernces Supplemental Di sa bility Bo ard is granted the a uthority to iss ue re gulat10 n s n ot inconsistent with the terms of this Section . designed to ca rry out t he purpose of this Section, and to hold hearings , take evi dence , rece ive in.fo rmation. and to make final and binding decision s, awards a nd reso lut10ns r especting the eligibility of a pplicants for initia l a nd co ntinue d payment of s uppl eme nta l benefits . J . The Safety Se rvices Supplemental Disabiltty Board s h a ll ele ct a chairper so n from its members to preside over meetings and co nduct oth er Board busine ss not inco ns is tent with the terms of this Section. K. The Safety Services Supplemental Di sa bility Board s h all be required to meet only when a pplicat10n for benefits are made or as det e rmined by t he Cha irperson of the Boa rd. 3-3-1--3 3-6-1-3 : RETIREMENT BENEFITS: Any fir efighter wh o has attained the age of fifty (50) year s a nd h as twenty (20 ) or more ye ars of credited service shall be eligible to receive a service r etireme nt pe n si on based on the e mployee's final base pay, a llowing two and on e -half percent (2112%) fo r each of the first t wenty (20 ) years of credited s ervice , plus one pe r ce nt (1 %) fo r each additional yea r of cr eruted service, to a maximum of s ixty-five percent (65 %). Ca lculating the base pay means the amount of his/he r monthly salary as of the date of hi s/her retJ.rement. P ens ion pay ments shall be made in e qua l monthly installments to the me mbe r . 3-8-M 3-6-1-4: LEAVING SERVICE PRIOR TO ELIGIBILITY: Should a ny pla n membe r hired prior to April 8 , 19-8 , leave the se rvice of the City prior to becoming eligi ble to receive a pe nsion payab le from the Firefighters · Pen s10 n Fund. for a ny reason othe r t han death , a nd s aid me mber has less t h a n fi\"e (5) yea r s of credited service a t termination , said firefi ghte r s hall be e ntitled t o a refun d of his/he r accumula ted co ntribution to the Englewoo d Firefig h ters' Pension Fund . The t erm accumulated co ntributio ns shall mean the s um of said firefighter s' co ntn butio n to the Firefighters' P en sio n Fund together with inte res t , if a ny, t h e reo n . as may be determined by the Firefighte r s' Pens ion Board . If said fir efighter h as fiv e (5) or mor e year s of credited e rvi ce at te rmination . t he fir efighter may elect either : A. B . Deferred monthly benefit paya bl e beginning at age fift y (50) based up on the me mber's final base pay, a llowing two and on e-ha lf pe r ce nt (2'/,%) fo r each of the first twenty (20) years of credited se rvi ce plus one per cent (I %) fo r each a dditional year to a maximum of si.xty-five pe rcent (65%) o f base pay : or Re ce ive a refund of hi s/her acc umulated co ntribution s as set out a bove . -48- • ' . ) I • 0 • • ---· • .. • - ~ 3-6-1-5: VOLUNTEER FIREFIGHTERS PENSION FUND: A. There is hereby created a special fund to be known as the Volunteer Firefighters P ension Fund for the purpose of paying statutory benefits to volunteer firefighters under conditions as provided by title 31. article 30 . part -1 , C.R.S .. 1973 . B . Benefits for all volunteer firefighters retired before December 31. 19 7-1, s hall be expended from funds rece ived from the State in the annual allotment provided in title 31. a rticle 30, part -1 , C.R.S., 19 73 . C. Beginrung January l. 1975 , the City s hall make contributions to the Vo lunteer Firefighters Pens10n Fund as determined n ecessary to annually fu nd the pension benefit accumulations of the volunteers . The co ntribut10n s hall be based on an actuarial s tudy to be done at least every three (3) yea r s. Pe n s ion benefits to volunteers retiring after January 1, 1975 . will be paid from these co ntribution s. Secuon 24 Safety Clauses The City Co uncil h e r eby find . determines. a nd d eclares that th.i s Ordinance is promulgated unde r the ge n eral police power of t h e C ity of Englewood , that it is promulgated for the health . safety, and welfare of t h e public, and that this Ordinance is necessary for the presen·at1o n of h ealth and safety and for the protection of public converuence and welfare. The C ity Co uncil further determines that the Ordinance bears a rational re lation to the proper legislative object sought to be obtained. Section 25 Severabjljcy If any clause. sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for a ny reaso n be adjudged by a court of co mp e t e nt Ju.risd1ct10n invali d. s uch Judgment s hall n ot affect. imp a ir or invalidate the re mainde r of this Ordinance or it applicauon to oth e r persons or circum stan ces. Sect10n ·>6 Inconsistent. Ordinances All oth e r Ordinance or portion s thereof m co n s1stent or co nflicting with this Ordinance or any portion h e r eof a r e h e r eby repealed to the extent of s uch inconsistenc y or co nflict . Sectjon 27 Effect of repeal or modificatjon The repeal or modification of a ny proVIsion of the Co de of the City of Englewood by th.is Ordinance s hall n ot release. extingwsh. alter. modify , or change in whole or in part any penalty. forfeiture . or liability, either civil or criminal, which shall have been incurred unde r s uch provision . and each provision shall be treated and held as still remaining in fo r ce for the purposes of s u staining any and all proper actions , s u its, proceedings , a nd prosecutions for the enforcement of the penalty, forfeiture . or liability , as well as for the purpose of s ustaining any judgment, decree . or order which can or ma · be rendered . entered, or made in such actions, suits, proceedi ng . or prosecutions. Section 28 ~ The Penalty Provision of E .. \I.C. Section 1--1 -1 s h a ll apply to each and every violation of this Ordinance. -49- • I • 0 - • • .. --• ~\· .. • -.. .. Introduced, read in full , and passed on first r eading on the 22 nd day of Fe bruary, 2000. Published as a Bill for an Ordinance on the 25th day of F e bruary , 2000. Read by title and passed on final reading on the 6th day of March , 2000. Published by title as Ordinance No.~ Series of 2000. on the 10t h day of March, 2000. ATTEST: Thom as J. Burns , ;\fayo r Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, here by ce rtify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000 . Loucnshia A. Elli s -50- ' ~ ' ' • , I ) I • 0 .. • • .. . .. . Date March 6 , 2000 .. ~ --· • . .., ' • -... COUNCIL COMMUNICATION Agenda Item 10 ~. .. Subject Rep lacement of TeleSqurt Fire Apparatus INmATEDBY Kieth Lockwood -Divis ion Ch ief / Fire Ooerauons I STAFF SOURCE Chris Olson, Director Dave Maxwell -Technical Support Officer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council had approved the purchase of an American LaFrance Telesqurt in 1996 as part of the normal replacement schedule for fire apparatus . Th is purchase was made and the apparaius placed in service . RECOMMENDED ACTION Staff is seeking council's approval for the expenditure of funds in the amount of $451 ,276.00, to replace the American laFrance Telesqurt that was destroyed in recent accident. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th is fire apparatus had met the expectations of the fire division with regard to providing fire protection to the community . The nature of the apparatus provides diversity in ,ts funct ions that are conducive to the strategy and tactics used by Englewood firefighters . It is the recommendation of staff that this apparatus be replaced with a duplicate of the original. Rep lacement costs for this apparatus is based upon the orig inal b id w ith an adjustment of 4 .3% per yea r cost ad justment. FINANCIAL IMPACT CIRSA's portion of the costs amounted to S422 .525 .84 . The balance of S 28 ,750 .16 is to be prov ided by Risk Management. LIST OF ATTACHMENTS Cost agreement from American laFrance ) I • 0 • • -. ,.,., February 4. 2000 Englewood Fire Department 3615 South Elati Street Englewood, CO. 80110 Dear Dave Maxwell , ... • • - Ai"1ERICAN LAFRAi'\ICE lllANSWEST is pleased to offer the Englewood Fire Department one or more American Lafrance Telesquin as per the attached specifications . The Apparatus includes an American Lafrance 148" Low Profile cab. a Waterous CSU pump and a 500 gallon Poly Tank . Please review the specifications to confirm that they match the original Englewood purchase order number 701870 dated 6-16-97 If you have any questions please contact Brian Becker at 303-288-5555 . ORIGINAL QUOTE (PO# 701870 dated 6-16-97) Total changes and Price increases REVISED TOTAL TERMS : I) Quotation is good for thirty days . $397,764 .84 53511.16 $451 ,276 .00 2) Delivery to the Englewood Fire Department is included in the price of the Quote. 3) Chassis inspection for two Englewood representatives to Cleveland NC is included in the price of the Quote. 4) Pre-paint inspection for two Englewood representatives to Casper WY . Is included in the price of the Quote 5) Pre-delivery inspection for two Englewood employees to Casper WY ls included in the price of the quote. 6) Additional units may be purchased by Englewood Fire Department or neighboring communities at agreed upon pricing . 7) Pre-payment information is enclosed . 8) Custom government financing is available upon request . 9) Additional options may be added at pre-construction meeting . Si_nc::ecy, / ~ ;St.:.- Brian T . Becker ALF ofTW Accepted By : ______ _ Title : Date . 5100 E . 78TH_ Avenue Commerce City. CO . 80022 • " I • 0 • • .. • • ' J1JN-1e ~a1 NON 11 :36 AM . '.,,, CITY :F :liG:.ElJOOD SI C F!\l! N:. 3037021683 P. Q2.'J2 PORCHASE ORDER ---: DATE: 701870 06°16,97 CITY CF ENGLE\OXl IIIIICMSDII SERWICES D1V1SIGI 2IOD saunt PlATT! llV!lt 111UV! · EIIUIOlD. COUlMIXI IG11D·ZICM 003) 7'2-2390 AT7i.'lilal V~; Sl'c:w tMS '~l'l:IIIM :;.car ,,...., .. ,,, -.... -· '"'llictt. Qf1h lf'l' 1il pa , ;1C11"f SIi :,S IIICI CO ..... SllC:Mll'ICe . l 2 VDIXII 14193 BECICiR FIRE EQUIPMENT CO 81 Si WYOMIN& Bl.YO . CASPER W 82609 Ill l EA 1 .;:. ":'? i : 'l j i ~I :'!.. " : ~ r~ !IJl!TlOI IC .. 91-tllOl•IC , r • _,. ~ BEIER FIRE 1250 ~ SFT .• §alss CM ~ ~ Dl'T!D 2/17/97 TI: F!AE PICT. DISTIUCT CFTiffl· ·As 1st.I 1n COi r~ dated 4/14197 and ~ • cnct: T•IS .a IS SIL'C-'!'D '.Ill ffllS ._ CIIIIJ1 JCN <JI N llfflall Sitl IC&m' IIO MT ATTIOtl!Jr.'S H!MTC . 9 I l't9!7 !0[ 5111d • ,, IIYOf c:es to : n. C1!y of En111NICCI ~11-11 . 3400 So . E1 at1 St . Ellg1--S. a) IOUD 0 23C4 maw WiiiiM1S> NET 30 1IIJ'T .UCI 374,484.84 374.484.84 23.28Q.00 23.280 .00 TOTAL 397,764.M ., , . . ' I . 0 • • • • -· • t• ... .. • • .. 0 COUNCIL COMMUNICATION Date Agenda Item Subject March 6 , 2000 /0 .tJ2.. Replacement of Wallbed system in Jefferson Fire Station INmATEDBY Dave Maxwell COUNCIL GOAL AND PREVIQUS COUNCIL ACTION STAFF SOURCE Chris Olson , Director of Safety Serv ices. Dave Maxwell , Technical Support Officer Council appropriated funds 1n the F ive-year cap ital budget for the replacement of th e wall bed ,,,..., ;, Jeff~"" fi ce '~'""'· ~ RECOMMENDED ACTION Staff is seeking counc il's approval far apendihn of those funds in the amount of $26,918 .54 payable to : Space Advantages 6321 Bush Blvd . Columbus. OH 43229 BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The existin g wa ll bed system in the Jefferson fire station was installed in 1973 . The system is in desperate need of sign ificant repairs . The age of the un its in add ition to the cos t an d availab ility of parts have dictated th e need to replace the un its . FINANCIAL IMPACT Money was appropriated in the FY CP budget to accommodate th is expend itu re . LIST OF ATTACHMENTS Bid tabu lati on sheet Techn ical evalua ti on for wa ll bed bid • • • ., ' . ' I • 0 I ( • • ( • • .) ~ City of Englewood Bid Tabulation Sheet Bid Opening Date: February 18, 2000 10:00 a.m. Bid Item: WALL BED SYSTEM WALL BED STORAGE Vendor SYSTEM BEDS LOCKERS DESKS SPACE ADVANTAGES $625.00 $150.00 $291 .00 $220.00 ATTENTION: PAM 1321 BUSH BLVD. COLUMBUS, OH 43229 SICO NORTH AMERICAN, INC. $836.25 $125.00 $371.55 $209.00 P.O. BOX 1189. 7535 CAHILL ROAD MINNEAPOLIS, IIN 55440 Page 1 • • 0 TOTAL Exceptions : $28,918.54 NONE LISTED ' TOTAL COST INCLUDES .. , SHIPPING OF $2992.54 • $29,556.80 SEE EXCEPTIONS I . l • 9 ,. _. .. WALL BED SYS TAB " '" - • • • TO: Betty Goosman Purchasing FROM : David Maxwell Tech Support Officer Safety Services DATE : 2-21-2000 • • - SUBJECT: Technical Evaluation for Wall Beds Bid Request No. 0-104 rTEM : 1. Twin Extra Long Wall Bed Cabinet with Mechanism: SICO : Supplied 21 twin extra long wall bed cabinets with mechanisms. extra long mattresses. Cabinets faced with Almond '.\ilelamine. Space Advantages: Supplied 21 twin extra long wall bed cabinets with mechanisms. extra long mattresses and faced with Almond Melamine. EVAL UA TIO N: In this area both co mpanies supplied equal(v. 2. Storage Lockers: IS " wide with one fixed and two adjustable shelves and the same height as the Wall Bed Cabinet. £VAL UA T!ON: In this area SICO is supp(ving a two-inch wider cabinet. but this does not effect space available. SICO also states supp(ving a two shelf pack which 111dicates that they are not in compliance with the required 3 shelves. Space Advantages is m compliance with the specs. 3. DESKS: EV.-l.L UA TIO N: Both companies have submitted 7 desk and SICO has also specified that their model of desk co mes with a drawer and the Space Advantages desk does not. SUMMATION: There are no major differences between the two companies on what they are supplying for this bid. With everything being equal, I recommend that we utilize Space Advantage for this Project due to the S2638.26 in savings . • I ) I • 0 • .. • - '!' ___ _ ) • I I • 0 • • • 'vJRDINANCE NO. _ SERIES OF 2000 ,..-. • • - COUNCIL INTROD UC ED BY COUNCIL ~ MEMBER _ Mr~__} ABILLFOR ~~~ ... J AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN AMENDMENT TO ft> ~ THE AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OUTDOOR ~ ARTS (MOA), THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . INC . (EEF) ,,,- AND THE CITY OF ENGLEWOOD, COLORADO (C ITY). WHEREAS, the City Council of the City of Englewood has designated approximately 15 ,000 square feet of space on the second floor of the Englewood Civic Center for cultural uses; and WHEREAS , in an effort to activate and energize CityCenter Englewood a nd to provide for a unique character to the development, the City has explored opportunities for cooperation with cultural organizations at CityCenter ; and WHEREAS , the primary tenant for this area is the Museum of Outdoor Arts : and WHEREAS , the Englewood City Council authorized an Agreement and Sublease between MOA, EEF and the City by the passage of Ordinance No. 68 , Series of 1999 : and WHEREAS , additional space has become available and the parties wish to enlarge the amount of space available to the Museum of Outdoor Arts for sublease ; and WHEREAS , the passage of this proposed Ordinance will finalize an amendment to the Subleare and Agreement between the City of Englewood . the Englewood Environmental Foundation, Inc . and the Museum of Outdoor Arts expanding the s pace and clarifymg uses : NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $ectjon 1. The acceptance of the Amended Agreement and Sublease between the City of Englewood, Colorado, Museum of Outdoor Arts and the Englewood Environmental Foundation, Inc . for space at the Englewood Civic Center, attached as "Attachment l ", is hereby accepted and approved by the Englewood City Council. $ectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Amendment to the Agreement and Sublease for and on behalf of the City of Englewood , Colorado. Introduced, read in full, and pasaed on first reading on the Gu, day of March, 2000 . -1- • .. . . ) I • 0 - • • .. ------------------------~--~-~----.. ,, • J ~ • .. • -.. Published as a Bill for an Ordinance on the 10th day of March, 2000. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced . read in full, and pa111ed on first reading on the 6th day of March, 2000 . Loucriahia A. Ellis -2- • ., 0 0 I • 0 ·] • • • .• ~ --· • :., . ·-.. • -~ COUNCIL COMMUNICATION Date Agenda Item March 2 . 2000 ,1 A INITIATED BY City Manager's Office COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Subject Amendment to the Agreement and Sublease w ith the Museum of Outdoor Arts Michael Flaherty , Assistant City Manager On November 22 , 1999 City Council approved Ordinance 68 authorizing an agreement and sublease w ith the Museum of Outdoor Arts (MOA) for approximately 7000 square feet of space in Civic Center for operation of programs of the Museum. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance approving this amendment to the agreement with MOA BACKGOUND Following approval of the MOA agreement. the City and David Taylor Dance Theatre (DTDT) jointly determined that . due to structural issues . the Civic Center space proposed for their use was not viable . The absence of the David Taylor Dance Theatre on the second floor resulted in a request from MOA to expand their space to approximately 10 ,000 square feet to accommodate MOA space needs that were to be met through shared usage with DTDT and to allow for expanded restroom facilities to meet code requirements . Based on direction from City Council to staff provided during study sessions of December 20 , 1999. January 10 and February 7, 2000 , staff has prepared a contract amendment incorporating the following changes : Approximately 4000 square feet remain available for the City to utilize for cultural purposes . MOA will assume full responsibility for the lobby/gallery . which will be open to the public during their hours of operation . The City will have the exclusive right and respons ibility for scheduling of the City 's cultural space and will have first priority for its use. MOA programs may utilize this space, without charge , for a maximum of 90 uses annually . MOA uses beyond 90 annually would be at the City 's standard rental rate for the space. The City has the right to utilize . without charge but subject to availability , MOA's gallery, studio space and conference rooms . Non-competition language and agreement between the parties to cooperate in scheduling of events and programs for the City's cultural space have been added . FINANCIAL IMPACT Financial impacts to the City are limited to the additional in-kind contribution for building services that are proportional to the increase in the space allocated to MOA. A financial benefit to the City is MOA's agreement to pay for the total cost of the public gallery space , as under the prior agreement MOA. the City and DTDT would share this cost equally . LIST OF ATTACHMENTS Bill for an Ordinance Proposed amendatory agreement • ' '> I • 0 - • • • \ ..• ·~ ... • • - CITY and MOA. The third priority for scheduling will be for MOA programs, for which MOA will be permitted a maximum of ninety separate uses at no charge to MOA . MOA may schedule use of CITY 'S cultural space. subject to a vailability , in excess of its maximum ninety uses , provided that MOA pay the CITY the standard rental rate for any such uses . A "use" being defined as a scheduled class or meeting for a specific space for a specific period of time . For example, a six week art class meeting once every week for a set number of hours will be six separate uses , while one s ix-hour seminar in one area will be one use. 18.2 Non-Competitive usage of CITY 'S Cultural Space. The CITY agrees that it will schedule no arts, crafts or cultural programs in the CITY'S Cultural Space whi c h directly compete with those programs offered by MOA . 18.3 Use of MOA Space by CITY. MOA agrees , subject to availability, to permit use of its conference room and studio space by the CITY for CITY purposes . Thi s use shall be at no charge to the CITY. MOA further agrees to permit public access to it s art gallery during its business hours . 18 . .& Cooperation in Program Planning. The CITY and MOA agre e to cooperate in planning cultural programs and events for the Civic Center building and C ityCenter Englewood . IN WITNESS WHEREOF , the parties hereto have affixed their signatures to this Amendment to Governmental Agreement and Sublease the day and year first abo ve written . Atte st : By : _______ _ City Clerk -Loucrishia A . Ellis CITY OF ENGLEWOOD by: ___________ _ Thomas J Bums . Mayor ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. • ., ) I . 0 • • -. I• •,. • • - .. by : ___________ _ Its : ST A TE OF COLORADO ) ss. ) COUNTY OF ARAPAHOE ) The foregoing Amendment to Governmental Agreement and Sublease was sub scribed. ... acknowledged, and affirmed or sworn to before me this da y of , 2000. by _______ as of Engl ewood Environmental Foundation. Inc . WITNESS my hand and official seal, Notary Publi c (SEAL ) Address My Commission Expires : THE MUSEUM OF OUTDOOR ARTS by : _________ _ Its :------------ ST A TE OF COLORADO ) ss. ) COUNTY OF ARAPAHOE ) The foregoing Amendment to Governmental Agreement and Sublease was subscribed , acknowledged, and affirmed or sworn to before me this day of _____ , 2000, By as of The Museum of ., .. I . 0 ' . • ., • -.. • . ' - ] Outdoor Arts . WITNESS my hand and official seal, Notary Public (SEAL) Address My Commission Expires : , • I • • • 32X • • ;Juds vow ;Jeds IUJnJIO:) Al!:) SWOOJIS;'lf p;mq5 .. ·-----··--__ ,___ -·-·-... • a J,!liIHX3 <Iro!GM -·' • .. ., • .. • • I . 0 • - • • • -------·---------------------~--~----- ,,,-·• • ··~--- . • ..... • -.. To: City Council 'NJ/ From : Michael Flaherty, Assistant City Manager I'\ Through : Gary Sears, City Manager r'l~ Date : March 3, 2000 Subject: MOA Amendment/ Authorizing Ordinance .. The bill for an ordinance and a corrected copy of the MOA amendment is attached. The Council Bill was inadvertently not included in yesterday 's packet and a language change (Section 18 .2) had not been incorporated in the final amendment. I apologiz.e for any confusion this may have caused . ... ,. ... ) I . 0 • • ----------------------.. ,-------------------------~---------,, ,,-. • • - COUNCIL COMMUNICATION Date Agenda Item March 2. 2000 ii A INITIATED BY City Manager's Office COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Subject Amendment :o the Agreement and Sublease with the Museum of Outdoor Arts I STAFF SOURCE Michael Flaherty . Assistant City Manager On November 22. 1999 City Council approved Ordinance 68 authorizing an agreement ano sublease with th e Museum of Outdoor Arts (MOA) for approximately 7000 square feet of space in C ivic Center for ocerat1on of programs of th e Museum. RECOMMENDED ACTION Staff recommends Council approval of a Bill fo r an Ordinance approving th is amendme nt :o the agreement with MOA BACKGOUND Fo ll owing approval of the MOA agreement. he City and David Taylor Dance Theatre (DTD Jointly determined th at. due to structural issues . the Civic Center space proposed for th e ir use was not viable . Th e absence of the Dav id Taylor Dance Theatre on the second floor resulted 1n a request from MOA to expand the!r soace to approximately 10.000 square feet to accommodate MOA space needs that were to be met through shared usage with DTDT and to allow for expanded restroom facilities to meet code requirements . Based on direction from City Council to staff provided during study sessions of December 20 . 1999 . January 10 and February 7, 2000. staff has prepared a contract amendment incorporating the following cnanges : Approximately 4000 square feet remain available for the City to utilize for cultural pu~oses. MOA will assume full responsibility for the lobby/gallery . which will be open to th e pub li c dunng their hours of operation . The City will have the exclusive right and responsibil ity for scheduling of the City 's cu ltural space and will have fi rst pnonty for its use. MOA programs may utilize this space . without charge . for a maximum of 90 uses annually . MOA uses beyond 90 annually would be at the City 's standard rental rate for th e space . The City has the right to utilize. without charge but subJect to availabili ty , MOA's ga ll ery , stud io space and conference rooms . Non-competition language and agreement between the parties to cooperate 1n schec uli ng of events and programs for the City 's cultural space have been addea . FINANCIAL IMPACT Financial impacts to th e City are limited to the additional in-kind contribution for build ing services th at are proportional to the increase in the soace allocated to MOA. A financial benefit to the City 1s MOA's a£;reement to pay for the total cost of th e public ga ll er/ space . as under the pnor agreement MOA. the City and DTDT wou ld share this cost equally . LIST OF ATTACHMENTS Bill for an Ord inance Proposed amendato ry agreement • • I • 0 • • -• .. • ',· .. • -.. AMENDMENT TO GOVERNMENT AL AGREEMENT AND SUBLEASE WHEREAS, the City of Englewood. Colorado (hereinafter referred to as "CITY"), the Englewood Environmental Foundation. In c. (hereinafter referred to as "EEF"). and The Museum of Outdoor Arts (hereinafter referred to a "MOA") entered in to a ''Governmental Agreement and Sublease" on November 22. 1999 . Concerning the agreement and sublease of certain premi ses in the C ivic Cent er Building lo cated at I 000 Englewood Parkway. WHEREAS , the parties wish now to amend that agreement to reflec t sub seq uent changes in the availability of s pace and agreements for mutual use of that pace . THEREFORE the following sections s hall now read as follow : GRA'.'IT A'.'ID IERl\1 I.I Demised Premises. In cons ideration of the rent s . covenants and agreements herein reserved and contained on the part of MOA to be perforn1ed. C ITY doe hereby sublease and demise unto MOA the space to be located in the Civic Cen ter Building as shown on Amended Exhibit D attached hereto and incorporated herein by thi reference, located at 1000 Englewood Parkway, Englewood, Colorado. which premises (hereinafter called "Demised Premises") are also known as "Museum Space". The Demised Premi ses contains approximately ten-thousand ( I 0,000) sq uare feet of rentable space as shown on Amended Exhibit D . ARTICLE Ill CONDITION OF PREMISES 3.3 Restroom Improvements . The re s troom improvements as s how n on Amended Exhibit D , as required by the CITY 'S Building Code, s hall be improved by the CITY and MOA in accordance with the CITY'S plans. Englewood agrees to purs ue such improvements through the CITY'S contractor. MOA s hall not be res pon sible to expend more than one-third (1/3) of the cost of s uch improvements in an amount not to exceed Forty Thousand Dollars. ARTICLE XVIII SHAREDUSEOFCULTURALSPACE 18.1 Shared use of CITY'S Cultural Space. The City agrees to allow MOA to use the CITY'S cultural s pace (the approximately 4000 square foot area adjacent to the MOA s pace on the second floor of the Civic Center). The CITY will have the exclusive right and responsibiliry for the sc heduling of the space and will have first priority for its use . The second priority for sc heduling will be programs that arc jointly offered by the • ., . ' ) I • 0 - • • • ~ --· • ... • .. . , • • ' CITY and MOA . The third priority for scheduling will be for MOA programs , for which MOA will be permitted a maximum of ninety separate uses at no charge to MOA . MOA may schedule use of CITY'S cultural space, subject to availability, in excess of its maximum ninety uses , provided that MOA pay the CITY the standard rental rate for any s uch uses . A .. use" being defined as a scheduled class or meeting for a specific space for a specific period of time . For example, a six week art class meeting once every week for a set number of hours will be six separate uses , while one six-hour seminar in one a rea will be one use. 18.2 Non-Competitive usage of CITY'S Cultural Space. The City and MOA agree that the City's usage of the City 's Cultural Space will not directly compete with classes and programs offered by MOA . 18.3 Use of MOA Space by CITY. MOA agrees, subject to availability. to permit use of its conference room and studio space by the CITY for CITY purposes. Thi s use shall be at no charge to the CITY . MOA further agrees to permit public access to its gallery space, as indicated on Exhibit D, during their regular hours of operation . 18.4 Cooperation in Program Planning. The CITY and MOA agree to cooperate in planning cultural programs and events for the Civic Center building and CityCenter Englewood . IN WITNESS WHEREOF, the parties hereto have affixed their signatures to this Amendment to Governmental Agreement and Sublease the day and year first above written. Attest: By : _______ _ City Clerk -Loucrishia A. Ellis CITY OF ENGLEWOOD by : ____________ _ Thomas J Bums, Mayor ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. by : ___________ _ Its : ' . ., i) I • 0 • • • STATE OF COLORADO ss. )• . .. COUNTY OF ARAPAHOE • • -' The foregoing Amendment to Governmental Agreement and Sublease was subscribed, ... acknowledged, and affinned or sworn to before me this day of , 2000. by _______ as of Englewood Environmental Foundation, Inc . WITNESS my hand and official seal , (SEAL) My Commission Expires : ST A TE OF COLORADO ss. COUNTY OF ARAPAHOE . otary Public Address THE MUSEUM OF OUTDOOR ARTS by:---------- Its : ------------ The foregoing Amendment to Governmental Agreement and Sublease was subscribed. acknowledged, and affinned or sworn to before me this day of _____ , 2000 , By as of The Museum of ) I· 0 I • ,. . .,--'1 .• ... • 1, -,., ' ..... i .... "}; .. . ' ..,.. ., • • -~ Outdoor Arts. WITNESS my hand and official seal, Notary Public (SEAL) Address My Commission Expires : • • I· • • 32X • - • • ' • • / / • .. .... - .AMENDED EXHIBIT D • -·-·-------· -··------· .. Shared Restrooms C City Cultural Space MOA Space ' • t 0 I· 0 • • ORDINANCE NO ._ SERIES OF 2000 I''\.• • • - BY AUTHORITY A BILL FOR COUNCIL BILL '.',10 . 15 INTROD UC ED BY COUNC IL MEJ\IBER ______ _ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN A.1\1ENDMENT TO THE AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OuTDOOR ARTS (M OA), THE ENGLEWOOD ENVIRONMENTAL FOUNDATION , Ii C. (EEF) AND THE CITY OF E GLEWOOD , COLORADO (CITY). WHEREAS . the City Council of the City of Englewood has designated approximately 15,000 square feet of s pace on the seco nd floor of the Englewood CiV1 c Center for cultural uses ; and WHEREAS , in an effort to activate and energize CityCenter Englewood a nd to provide for a unique character to the development. the City has explored opportuniti es for cooperation with cultural organizations at CityCenter; and WHEREAS, the primary tenant for this area is the Museum of Outdoor Arts : a nd WHEREAS. the Englewood City Council authorized an Agreement a nd Sublease between MOA. EEF and the City by the passage of Ordinance No 68. Serie of 1999 : and WHEREAS , additional space has become available and the parties wi s h to e nlarge the amount of space available to the Museum of Outdoor Arts for s ublease : a nd WHEREAS, the passage of this proposed Ordinance will finalize an amendment to the Sublease and Agreement between the City of Englewood. the Englewood Environmental Foundation. Inc . and the Museum of Outdoor Arts expandmg the s pace and clarifying uses; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO, AS FOLLOWS : Section l. The acceptance of the Amended Agreement and Sublease between the City of Englewood, Colorado. Museum of Outdoor Arts and the Englewood Environmental Foundation, Inc. for space at the Englewood Civic Ce nter, attach ed as "Attachment l ", is hereby accepted and approved by the Englewood City Coun cil. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Amendment to the Agreement and Sublease for and on behalf of the City of Englewood. Colorado. Introduced. read in full, and passed on first reading on the 6'h day of March. 2000. -I - I • 0 • • • .. ~ -• ) • ... ... • -' Published as a Bill for an Ordinance on the 10th day of March, 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 March, 2000 . Loucrishia A. Ellis -2- • ,. ~ . ~ ' ,. ,,; .. . • I I • 0 I I. II. •,, ... ,, -· • • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 6, 2000 7 :30 P.M. < Call to order. rJ: 5A~ Invocation./)~ III. Pledge of Allegiance . ~ ' : ::: (vf c 1tr.~r< G~ OffJ,d:K.O Minute, from the Regula, City Council meeting of February 22, 2000 . v~'fctd~ase limit your presentation to ten minutes.) VII . VIII. X. Non-eduled Visitors . (Please limit your presentation to five minutes.) ~ Commu ·cations, Proclamations, and Appointments . . r from Ruth Hansen indic{t· ~h r sign tion from the Englewood Clean, "I_ Green and Proud Commission (V -o ublic Hearing (None Scheduled). ~ /)f'>A J /)!. J // • . • Consent Agenda. up~ j,..,,,,-/ 0 a I 'I-1 ; A. Approval of Ordinances on First Reading. 1. COUNCIL BILL NO. 14 -Recommendation from the Department of Community Development to adopt a biµ for an ordina11ce approving an Intergovernmental Agreement with Arapahoe County for the purpose ot exchanging geographic data. STAFF SOURCE : Mark Graham, Senior l'lanner. • ' • • I ) I· 0 • Page 2 2. .. ' /' . • ... • -' COU CIL BILL NO. 13 -Recommendation from the Department of Community Development to adopt a bill for an ordinance dedicating a 30 foot sanitary sewer easement and the emergency vehicle access easement for the Duggan's Subdivision . ~~ ~ ~;Q,al of Ordinances on Second Reading. /0/3 / J ;)...50 O"lJ dt-_!) 1. Council Bill No. 7, revising the Englewood Municipal Code's Administrative Ordinance. (J7J/t 2-2. (J?JJ-3-3. (JUI !Q_ 4. Council Bill No. 8, amending the Englewood Municipal Code's definition of graffiti. Council Bill No. 10, amending the Englewood Municipal Code pertaining to membership on the Code Enforcement Advisory Committee. Council Bill No. 11, amending Title fII of the Englewood Municipal Cod e. C. Resolutions an~= 1. Recommi:i'k::n• fro e Department of Safety Services to approve , by motion, the purchase of a T elesquirt fire truck. Staff recommends purchasing the truck from American Lafrance in the amount of $451,276. STAFF SOURCE: Chris Olson, Director of Safety Services and Dave Ma xwell , Technical Support Officer. 2. Recommendation from the Department of Safety Services to approve, by motion, the replacement of a wall bed system at the Jefferson Fire Station . Staff recommends awarding the bid to the low bidder, Space Advantages, in the amount of $26,918.54. STAFF SOURCE: Chris Olson, Director of Safety Services and Dave Maxwell, Technical Support Officer . XI. Regular Agenda. -. • ' . ' • I I· 0 • • -------·---------------------~---~----- Page 3 XII. General Discussion. XIII . Mayor's Choice. XIV. Council Member's Choice. XV . City Manager's Report. XVI. XVII. City Attorney's Report. Adjournment ~ • • - Pie ... note: If you have • dlaablllty and nHd awdllary aids or MrYlc:es, plNH notify the City of Englewood (303-712-2405) at lent 48 houra In advance of when MrYlc:es are IINded. Thank you. '· . ,• .. ) I . 0 • • t,-• .,... . G - /. WI_ tF tnt:U!v r; ,'~J /}.~ 3.~t;~ L/: & W)_: f I . 0 ' . ,. 0 - ) I . 0 ' . G . . . . - • • I . 0 \-. • .• .,,-·. e • - • • I . 0 l -• ~, f • • • -' 0 ., • I · o . - \.,-. • - • • -. ·• ,, r'. G •,. G - ~ -~,;.¢/ ~ ~~ /MnH.J_ ,-J-~ift._~ (ftN ~4* • , . I . 0 . . " I • • 0 - • • I . 0 ~ . . ' . • ' ' . ' . - • • I· • • • • ;:..: -- l,-• • . . G - , . .. . . I· ,, ' . . 0 - friJf drw( ~ ~ (!Jg) ~//ktp ~~~ ®~ M) lid-&z ~ ¥-- I . ,. . -:-, ~--:------ .,--. • -• • - • • I . 0 -. •